South Carolina Sen. Billy O’Dell died of a heart attack at the age of 77. The fiscally liberal Republican was due to file for reelection in March 2016 for an eighth term in office.

Pending senate notification, the South Carolina Election Commission will set a special election date. There is expected to be a March 22 primary, followed by an April 5 runoff, if necessary, and a May 17 general election. The special election would usually be held on May 10 but state offices will be closed in celebration of Confederate Memorial Day.

Photo of Sen. Billy O’Dell courtesy of the South Carolina Senate website.

Gov. Jerry Brown has called a special election for April 5, 2016, to fill a vacancy in the 31st District. Rep. Henry Perea vacated his seat in December of 2015.

Perea’s term was expiring in December 2016. Therefore, the candidate elected in the special election will serve the remainder of Perea’s term while running for re-election in the regularly scheduled general election on November 8, 2016.

Lobbying

“State Legislatures Tweak Lobbying Rules as Influence Industry Targets Their Capitols” by Catherine Ho for Washington Post

California: “A Lobbying Rule to Catch Up with the Times” by Laurel Rosenhall for CALmatters

Florida: “Hillsborough Commissioners Must Now Carry 2 Cell Phones” by Mike Salinero for Tampa Tribune

Massachusetts: “Walsh Reverses Course, to Back Lobbying Rules” by Andrew Ryan and Mark Arsenault for Boston Globe

New Mexico: “New Mexico Election Officials Unveil Lobbyist Training Guide” by Susan Montoya Bryan (Associated Press) for Fresno Bee

Ohio: “Ginther Proposes New Ethics Regulations” by Lucas Sullivan for Columbus Dispatch

Campaign Finance

“Federal Election Commission May Vacate Headquarters” by Dave Levinthal for Center for Public Integrity

“You Want to Give to Ted Cruz’s Super PAC? First Figure Out Which One.” by Matea Gold and Katie Zezima for Washington Post

Montana: “New Campaign Finance Rules Take Effect in Montana” by The Associated Press for Billings Gazette

Pennsylvania: “City Campaign Finance Limits Increased” by Claudia Vargas for Philadelphia Inquirer

Ethics

Florida: “Gainesville Mayor Files Ethics Complaint against Himself after Daytona Strip Club Trip” by GateHouse Media Services for Daytona Beach News-Journal

Maine: “Maine Governor Blames Media for Racially Charged Language Dust-Up” by Gregory Krieg for CNN

Minnesota: “Minnesota Lawmaker Tried to Personally Sway Judge to Rethink $240,000 Judgment against Firm” by Brian Bakst (Associated Press) for Minneapolis Star Tribune

Montana: “Montana Campaign Contribution Limits to Rise for Some Candidates” by Troy Carter for Bozeman Daily Chronicle

Ohio: “City Hall Hit with another Ethics Investigation” by Lucas Sullivan for Columbus Dispatch

South Dakota: “Voters to Decide on Campaign Finance Overhaul” by Dana Ferguson for Sioux Falls Argus Leader

Utah: “Ken Ivory Was Cleared in Fraud Probe Because Utah AG Found No Victims, Records Say” by Robert Gehrke for Salt Lake Tribune

Elections

“Political GIFs Are the New Sound Bites This Campaign Season” by Nick Bilton for New York Times

This week, Governor Snyder signed Senate Bill 571, a bill that affects what public officials and organizations can and cannot do within 60 days of an election. The bill prohibits local officials from publicly discussing ballot proposals or millage issues in the 60 days leading up to an election.

Despite approving the bill, Snyder urged the Legislature to pass further legislation clarifying some key provisions of the bill that some say infringe on protected free political speech. The 53 page bill was originally much shorter until last minute amendments were passed with no public hearings. Senate Bill 571 also eliminates the need for February quarterly reports for political action committees.

National:

National Liberal Groups to Push ‘Record’ Number of 2016 Ballot Measures
Center for Public Integrity – Liz Essley Whyte | Published: 1/6/2016

Liberal groups working at the national level are using state ballot initiatives as their weapon of choice in 2016, but given the costs, they are carefully planning exactly where to push these measures. That top-down approach seems ironic. The initiative process was put in place at the beginning of the 20th century as a way for local citizens to band together to pass laws. And voters may not be aware that national groups are helping fuel the ballot fights in their backyards. Still, national liberal leaders see state ballot measures as their best option for winning on some issues. National conservative groups, meanwhile, seem poised to play defense, setting up a battle of outsiders on state playing fields.

Federal:

For Hillary Clinton, Old News or New Troubles?
Washington Post – Karen Tumulty and Frances Stead Sellers | Published: 1/6/2016

Donald Trump’s focus on the scandal that almost derailed Bill Clinton’s presidency is something Hillary Clinton’s campaign long expected. What remains to be seen is whether a reminder of allegations of sexual impropriety against President Clinton, which were deemed to have varying levels of credibility when they were first aired, can gain new traction in a different context. The fresher case being made is that Hillary Clinton has been, at a minimum, hypocritical about her husband’s treatment of women, and possibly even complicit in discrediting his accusers. And it is being pressed at a time when there is a new sensitivity toward victims of unwanted sexual contact.

How Obama Failed to Shut Washington’s Revolving Door
Politico – Josh Gerstein | Published: 12/31/2015

Barack Obama’s vow to end the “revolving door” in Washington was central to the narrative animating his 2008 campaign: a promise of wholesale change to business as usual. But seven years into Obama’s presidency, the “revolving door” shuttling officials out of his administration is spinning at a rapid clip, and he has seen his campaign promise founder against the deeply ingrained culture of selling government expertise in the nation’s capital. “They were overpromising on something they could never deliver – it’s worse than doing nothing,” said Melanie Sloan, former executive director of Citizens for Responsibility and Ethics in Washington.

Marco Rubio’s Shiny Boots Stir Up the Presidential Race
New York Times – Vanessa Friedman | Published: 1/7/2016

Are they a surprisingly fashionable choice of footwear (One Direction’s Harry Styles is said to have a similar pair) or a less generously termed set of “men’s high-heeled booties?” The political and fashion world have been set atwitter since New York Times reporter Michael Barbaro spotted U.S. Sen. Marco Rubio “rocking some seriously fashionable black boots” in New Hampshire. The fashion choice had become a target of ribbing from his rivals for the Republican presidential nomination. “We’ve seen Rubio has those cute new boots and I don’t want to be outdone,” U.S. Sen. Rand Paul said, while surrounded by shelves of shoes in Whoopi Goldberg’s dressing room before an appearance on “The View.”

From the States and Municipalities:

Colorado – Colorado Ethics Commission Has No Investigators, Little Authority
Denver Post – Joey Bunch | Published: 1/4/2016

The Colorado Independent Ethics Commission is struggling to do its work for lack of authority, resources, and money, say critics who include former administrators. The commission has declined to hear about 87 percent of the complaints it has received since it was created in 2006. Unless a public official or government employee received a gift worth more than $53 or seeks a job as a lobbyist, there is little else the commission concerns itself with. Nonetheless, there is a proposed ballot question for next year to extend the commission’s narrow authority over public employees to the judicial system.

Florida – Painful Lessons for a Troubled Florida Legislature
Tampa Bay Times – Steve Bousquet | Published: 1/5/2016

In a year that was defined by dysfunction at the Florida Capitol, the House violated the state constitution by shutting its doors prematurely. Senators later admitted they defied the will of the people by drawing districts to save their own careers at the expense of fair districts that the constitution demands. Sharply divided over whether to expand health care, lawmakers nearly failed to execute their one prescribed duty, passing a budget. Three special sessions later, as unresolved legal skirmishes over redistricting still reverberated in the courts, lawmakers were vilified as arrogant and out of touch, and some said they deserved it. Lawmakers, lobbyists, and observers see systemic problems that are bad for democracy.

Kentucky – Prosecutor Urges Vigilance against Legislative Corruption
Fresno Bee – Bruce Schreiner (Associated Press) | Published: 1/6/2016

Preet Bharara, the U.S. attorney in Manhattan who recently secured the convictions of two top New York lawmakers, said the blame for corruption lies not only with bad actors but also with the “good people” who do not try to stop it. Bharara’s speech at the Kentucky General Assembly’s annual ethics training was his first before a full state Legislature. It came at the request of Kentucky officials. During an address that lasted about 45 minutes, Bharara drew occasional laughter, nodding approval, and gasps of disbelief, particularly when he quoted wiretapped phone conversations and other evidence from recent public corruption trials.

Maine – Clinton Donors Use Maine Democrats to Skirt Campaign Cash Limits
Ellsworth American – Naomi Schalit (Maine Center for Public Interest Reporting) | Published: 1/7/2016

Fourteen out-of-state donors gave $93,552 to the Maine Democratic Party since mid-September 2015. But all the contributions have not stayed in Maine, or any of the other state Democratic parties to which Hillary Victory Fund donations have been funneled. FEC reports show two transfers totaling $39,000 from the Hillary Victory Fund to the Maine Democratic Party each sat for less than 48 hours with the party before the exact same amounts were transferred to the Democratic National Committee (DNC). While individual contributions to the state and national parties are capped, transfers between state and national committees are unlimited. That means that, effectively, donors can skirt contribution limits to the DNC or state parties by giving through joint fundraising committees like the Hillary Victory Fund.

Michigan – Gov. Rick Snyder Signs Campaign Finance Bill Locals Say Amounts to a ‘Gag Order’
MLive.com – Emily Lawler | Published: 1/6/2016

Michigan Gov. Rick Snyder signed a bill that prohibits public money or resources from being used to disseminate information about local ballot measures through television and radio ads, mass mailings, or “robo-calls” in the 60 days before an election. Local officials said the law will keep voters in the dark about important issues because they no longer will receive unbiased educational materials in the two months prior to an election. Some Republicans who voted for the legislation said they did not realize its ramifications. Senate Bill 571 also bars companies from deducting union PAC contributions from employees’ paychecks while allowing deductions for corporate PACs, and requires political and independent committees to file annual reports, among other provisions.

Missouri – Bill Requires Reporting Sex between Lawmakers and Lobbyists on Ethics Forms
Columbia Tribune – Rudi Keller | Published: 1/6/2016

Lobbyists who have sex with a state lawmaker or their staff members would have to disclose it to the Missouri Ethics Commission under a new bill. House Bill 2059 defines sex between lobbyists and legislators as a gift. As such, sexual relations would have to be included on monthly lobbyist gift disclosure forms. The proposal excludes sex in marriage or a relationship that began before either party’s registration as a lobbyist, election to the Legislature, or employment on a legislative staff.

New Jersey – AG: Former Birdsall exec McFadden pleads guilty to misconduct
PolitickerNJ; Staff –   | Published: 1/6/2016

Scott McFadden, former chief administrative officer of Birdsall Services Group, pleaded guilty to corporate misconduct in the criminal “pay-to-play” case. Under terms of a plea bargain, the state will recommend a sentence of up to 364 days in jail. McFadden also will be required to forfeit $30,000 to the state. The amount represents political contributions he made on behalf of Birdsall that were later reimbursed to him by the firm. The company pleaded guilty in 2013 to money laundering and making false representations for government contracts and was fined $1 million. The company was essentially crippled when the state froze its assets in the wake of the indictment, forcing Birdsall to file for bankruptcy. The company and its executives were accused of masking corporate political contributions to campaigns and political organizations that otherwise would disqualify it from receiving public contracts.

New York – Albany’s Businessman-Legislators Scoff at a Call to Make Lawmaking Full-Time
New York Times – Vivian Yee | Published: 1/5/2016

The list of lawyers, insurers, and full-time politicians in the New York Legislature is long, and outside income, as the money earned from non-legislative work is known, is at the crux of the corruption scandal that toppled the former speaker of the Assembly in November. Reformers say to clean up Albany, outside income must be capped or done away with. Some have gone even further, suggesting the Legislature, a part-time institution that pays its members $79,500 a year, should become full time with a commensurate salary. But legislators see no conflict between their business activities and lawmaking, and their contempt for Albany makes a full-time Legislature seem nonsensical.

New York – Setting Precedent, Conflict of Interest Board Settle with Mark-Viverito
Capital New York – Gloria Pazmino | Published: 1/6/2016

New York City Council Speaker Melissa Mark-Viverito will pay a $7,000 fine for breaking laws on taking gifts from lobbyists under a settlement with the Conflicts of Interest Board. Mark-Viverito admitted she ran afoul of the rules by taking free help from Scott Levenson and his consulting firm the Advance Group when she was running for speaker two years ago. Levenson, a registered lobbyist, and two staffers spent months working on Mark-Viverito’s bid for the top job, attending “kitchen cabinet” meetings to prepare her for debates with other speaker candidates and networking events. They also redesigned a flyer for a reception hosted in her honor and spent $1,796.44 to have 3,000 copies of it printed. Mark-Viverito was never billed for the work. Rules bar public officials from taking gifts worth more than $50 from people who do business with the city. And lobbyists are barred from giving any gifts to politicians.

Oregon – Uber Fined $2,000 for Violating Portland Lobbying Rules
Portland Oregonian – Brad Schmidt | Published: 1/5/2016

Portland City Auditor Mary Hull Caballero fined the Uber ride-hailing service $2,000 for violating lobbying regulations by not disclosing its ties to political consultant Mark Wiener. The city auditor’s office had sent warning letters to Mayor Charlie Hales and city Commissioner Steve Novick for meeting with Wiener and Uber officials without disclosing the contact, as required by the law. The meeting took place at Wiener’s home as the city council was considering whether to allow such companies to operate in Portland. Hull Caballero issued the maximum fine because she found Uber showed a pattern of noncompliance, noncooperation, and incomplete disclosures.

Pennsylvania – Pennsylvania Legislature Aims at Lobbying Overhaul; Reaction Mixed
Pittsburgh Post-Gazette – Kate Giammarise and Chris Potter | Published: 1/4/2016

As proposed by five Senate Republicans in Pennsylvania, a “Lobbyist Reform Package” includes six measures, among them: stricter reporting of gifts to state officials, increasing fines on lobbyists who violate such requirements, and requiring state officials to disclose when a spouse or other family member is a lobbyist. Another proposal would prohibit lobbyists from being paid to work on political campaigns or having financial ties to a consultant who does. Even some lobbyists say an overhaul is needed. But several insiders say elements of the package appear to be targeted at one firm, Long Nyquist and Associates, and two of its clients: United Food and Commercial Workers Local 1776, which represents state store workers, and the Pennsylvania State Education Association.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

The City and Borough of Juneau Assembly voted to call for a special election to elect a mayor for the remainder of the current term. Deputy Mayor Mary Becker stepped in to the role in November following the passing of Mayor Greg Fisk. The special election will be held Tuesday, March 15. Because Becker was serving as Assemblymember for District 1 when she became mayor, there is now a vacant seat on the Assembly.

Interested applicants for the seat will be interviewed during a Special Assembly meeting on Monday, January 11. On Tuesday, January 12, the Assembly will hold a Special Assembly Meeting with the Juneau Legislative Delegation and will conduct a public hearing followed by Assembly action regarding appointment to the vacant District 1 seat.

South Dakota Rep. Jim Bolin believes ballot initiatives should require support from voters across the state prior to being added to a ballot. He plans to introduce a bill limiting the number of signatures from the state’s three largest counties by population to no more than 50 percent of the signatures obtained. According to U.S. Census data, those three counties account for nearly 40 percent of the state’s population.

Bolin claims the signatures gathered in the three counties do not always represent the interest of the entire state. Ballot measure sponsors, however, do not want to restrict a voter’s right to be considered qualified based on his or her county of residence.

Lobbying

New York: “Setting Precedent, Conflict of Interest Board Settle with Mark-Viverito” by Gloria Pazmino for Capital New York

Campaign Finance

“Court Declines Role in Campaign Finance Case” by Cameron Langford for Courthouse News Service

“How Secretary of State Hillary Clinton Cared for Democratic Donors” by Isaac Arnsdorf for Politico

New Jersey: “AG: Former Birdsall exec McFadden pleads guilty to misconduct” by Staff for PolitickerNJ

Pennsylvania: “Allentown Controller Mary Ellen Koval Resigns amid FBI Probe” by Emily Opilo for Allentown Morning Call

Ethics

Arizona: “High Court Closes Case against Ex-Utility Regulator” by Bob Christie (Associated Press) for Arizona Daily Sun

California: “Ethics Commission Defying Mayor Ed Lee on Requested Budget Cuts” by Joshua Sabatini for San Francisco Examiner

Elections

“National Liberal Groups to Push ‘Record’ Number of 2016 Ballot Measures” by Liz Essley Whyte for Center for Public Integrity

“Racial Identity, and Its Hostilities, Return to American Politics” by Eduardo Porter for New York Times

Lobbying

“State Focus and Infusion of Funding Buoy Gun Control Advocates” by Eric Lichtblau for New York Times

Michigan: “Top Snyder Aide to Register as Lobbyist” by Paul Egan for Detroit Free Press

Oregon: “Uber Fined $2,000 for Violating Portland Lobbying Rules” by Brad Schmidt for Portland Oregonian

Campaign Finance

California: “California Supreme Court Allows Campaign Finance Measure on Ballot” by Alexei Koseff for Sacramento Bee

New Mexico: “New Test for Campaign Financing” by T.S. Last for Albuquerque Journal

Elections

“How the Koch Network Rivals the GOP” by Kenneth Vogel for Politico

“The Political Consultant Racket” by Adam Sheingate for New York Times

Legislative Issues

Florida: “Painful Lessons for a Troubled Florida Legislature” by Steve Bousquet for Tampa Bay Times

New York: “Albany’s Businessman-Legislators Scoff at a Call to Make Lawmaking Full-Time” by Vivian Yee for New York Times

Lobbying

“How Obama Failed to Shut Washington’s Revolving Door” by Josh Gerstein for Politico

Pennsylvania: “Pennsylvania Legislature Aims at Lobbying Overhaul; Reaction Mixed” by Kate Giammarise and Chris Potter for Pittsburgh Post-Gazette

Campaign Finance

Arizona: “APS Refuses Request to Disclose Political Contributions” by Ryan Randazzo for Arizona Republic

California: “Super Bowl Committee Raising Millions, with Little Transparency” by Joe Garofoli for San Francisco Chronicle

Illinois: “Madigan Uses Quirk in Law to Stockpile 2016 Campaign Cash against Rauner” by Rick Pearson for Chicago Tribune

Ethics

California: “Farmers Try Political Force to Twist Open California’s Taps” by Michael Wines and Jennifer Medina for New York Times

Colorado: “Colorado Ethics Commission Has No Investigators, Little Authority” by Joey Bunch for Denver Post

Missouri: “Missouri Lawmakers Vow Once Again to Tackle Ethics Reform” by Jason Hancock for Kansas City Star

New York: “JCOPE Finds Gabryszak Violated State Law, Faces Fines” by Jimmy Vielkind for Capital New York

Redistricting

Florida: “Judge Sides with Voters Groups in Senate Redistricting Case” by Gray Rohrer for Orlando Sentinel

Campaign Finance

“Now it’s Even Easier for Candidates and Their Aides to Help Super PACs” by Matea Gold for Washington Post

“The 10 Best 2015 Investigative Reports on Political Money” by Robert Faturechi for ProPublica

“Campaign Cash in State Judicial Elections Grows” by Christina Cassidy (Associated Press) for Philadelphia Inquirer

New Mexico: “Campaign Finance Scandal Leads to Calls for Closing Loopholes in New Mexico’s System” by Susan Montoya Bryan (Associated Press) for Minneapolis Star Tribune

New York: “Legislature Passes Law Requiring Donation Disclosures from Contractors” by Joe Nikic for The Island Now

Wisconsin: “DAs Tap In for Wisconsin Campaign-Finance Probe” by Molly Willms for Courthouse News Service

Ethics

Alabama: “Ethics Commission Vice Chair Resigns after Late Filing of Disclosure Statement” by Mike Cason for AL.com

Arizona: “Regulators Hire Lawyer to Serve as ‘Ethics Officer’” by Ryan Randazzo for Arizona Republic

Colorado: “CU Nutrition Expert Accepts $550,000 from Coca-Cola for Obesity Campaign” by David Olinger for Denver Post

Missouri: “Missouri State Lawmakers to Take another Swing at Ethics Reform” by Alex Stuckey for St. Louis Post-Dispatch

New Mexico: “Police Sgt. Says Governor Was ‘Inebriated’” by Edmundo Carrillo for Albuquerque Journal

New York: “Preet Bharara: The man behind NY corruption busting” by Joseph Spector for Rochester Democrat and Chronicle

New York: “Dean Skelos Files Pension Papers” by Jimmy Vielkind for Capital New York

Pennsylvania: “Colwyn, Pennsylvania: The town that can’t seem to govern itself” by Daniel Vock for Governing

South Carolina: “Clock Ticking for Ethics Reform in South Carolina” by Maya Prabhu for Charleston Post and Courier

Tennessee: “TN House Ethics Committee Hasn’t Met in at Least 5 Years” by Dave Boucher for The Tennessean

Elections

“An Effort to Give Women a Voice in the Republican Party” by Carl Hulse for New York Times

“Kids and Candidates a Potent Combination” by Ben Schreckinger for Politico

“Carson’s Many Faces: Doctor, author, speaker – and candidate” by Eileen Sullivan (Associated Press) for Philadelphia Inquirer

Legislative Issues

North Carolina: “Questions Raised about Rules Chairman David Lewis’ Actions Related to Printing Contract” by Patrick Gannon for Charlotte Observer

National:

State Integrity Investigation Brings Calls for Reform as Legislative Sessions Approach
Center for Public Integrity – Nicholas Kusnetz | Published: 12/16/2015

The State Integrity Investigation is yielding calls for change from lawmakers, good-government advocates, and editorial boards across the country. The investigation, published in November, is a data-driven ranking and assessment of each state’s transparency and anti-corruption measures conducted by the Center for Public Integrity and Global Integrity. No state earned better than a “C” grade. In several states, publication of poor grades coincided with ethics scandals that have prompted a growing number of political leaders to call for a transformation in how business is done in state capitals.

Why State Legislatures Are Still Pretty White
Governing – Teresa Wiltz | Published: 12/9/2015

The nation’s growing diversity is not reflected in state Legislatures. Nationwide, African-Americans, who make up 13 percent of the U.S. population, account for nine percent of state lawmakers. Latinos, who are 17 percent of the population, only account for five percent of legislators. Asian-Americans account for five percent of the population but only one percent of lawmakers. Research shows in local elections, voters tend to vote for candidates who look like them. That is a problem when a large proportion of minority voters are lumped together in a handful of districts. Such clustering increases the chances of there being at least a few minority lawmakers, but makes it less likely there will be very many of them. Another factor is few first- and second-generation immigrants can afford to get by on a part-time legislator’s salary, or have the kind of careers that will afford them the flexibility to serve in office.

Federal:

E.P.A. Broke Law with Social Media Push for Water Rule, Auditor Finds
New York Times – Eric Lipton and Michael Shea | Published: 12/14/2015

Congressional auditors say the Environmental Protection Agency (EPA) broke the law on multiple occasions with “covert propaganda” in support of a controversial regulation that gives the agency power over smaller streams of water. The Government Accountability Office (GAO) said a pair of social media campaigns by the EPA in support of its “waters of the United States” rule broke laws that prohibit federal agencies from promoting or lobbying for their own actions. GAO faulted the EPA for using Thunderclap, a social media amplification tool, to recruit hundreds of Twitter users to tweet in support of the rule. It also said the EPA broke the law with a blog post that linked to two environmental groups’ pages urging readers to contact members of Congress to oppose legislation.

Spending Bill Bars IRS and Others from Forcing Political Disclosure
USA Today – Fredreka Schouten | Published: 12/16/2015

The omnibus spending bill passed by Congress would bar the IRS from completing regulations to define and potentially crack down on the political activities of nonprofit groups. The bill also would prohibit the Securities and Exchange Commission from trying to force public companies to disclose their political activities to shareholders and the public. If the spending measure becomes law, any new disclosure rules from either the IRS or federal securities regulators probably could not be completed before the end of President Obama’s term in office. As a practical matter, that appears to bar any new agency rules from taking effect before either the 2016 presidential election or the 2018 midterm elections.

From the States and Municipalities:

California – San Jose Council Votes to Tighten Lobbying Rules
San Jose Mercury News – Ramona Giwargis | Published: 12/15/2015

The San Jose City Council voted to approve a host of changes to strengthen the lobbying ordinance. San Jose nearly a decade ago adopted transparency laws amid public scrutiny over costly backroom deals at City Hall. The rules required lobbyists to register with the city, pay fees, and file quarterly reports showing who they are meeting with and why. Another policy required elected officials to publish their calendars online to show how they spend their time. But a review found hundreds of contacts reported by lobbyists did not show up on the politicians’ calendars. Mayor Sam Liccardo recommended that lobbyists file online weekly reports and specify whether an interaction with an elected official is in-person, by phone, or email.

Florida – Broward Commission Rewrites its Ethics Code, Allows $5 Gifts
South Florida Sun Sentinel – Brittany Wallman | Published: 12/9/2015

Broward County commissioners loosening a zero-tolerance gift ban to allow a five-dollar limit. The no gift rule had been criticized by city and county officials as too strict, a rule that kept them from accepting a free bottle of water at an event. Under the changes, gifts from lobbyists or vendors of non-alcoholic beverages are allowed. And gifts of any type from those sources are legal, if they are not worth more than five dollars. In addition, loopholes were added to allow elected officials to accept gifts given to express sympathy, offers of free training, and tickets to charitable events, if the official pays for any meal served there.

Missouri – How This Missouri Mega-Donor Is Making His Pet Projects Part of the 2016 Elections
Huffington Post – Paul Blumenthal | Published: 12/16/2015

Taking advantage of a campaign finance system that greatly empowers wealth, Rex Sinquefield has been able to become the most dominant single political force in the state. Since 2008, he has contributed at least $35 million to candidates, political parties, PACs, and ballot initiative campaigns. The contributions have helped to create an unprecedented Republican Party supermajority in the Legislature. Sinquefield’s donations to ballot initiative campaigns have succeeded in putting significant restrictions on taxes at the local level. But with Democrat Jay Nixon in control of the governor’s mansion, Sinquefield’s main agenda items of eliminating the state’s income tax, expanding charter schools and private school vouchers, and crushing labor union power by passing so-called right-to-work legislation have remained just out of reach.

Nevada – Sheldon Adelson Said to Be Buyer of Las Vegas Review-Journal
New York Times – Ravi Somaiya and Sydney Ember | Published: 12/16/2015

Sheldon Adelson, a billionaire casino magnate and Republican power broker, is behind the secret purchase of The Las Vegas Review-Journal, according to the newspaper.  Speculation has mounted for days that Adelson was the primary backer of News + Media Capital Group, a secret group that acquired The Review-Journal and several local papers for $140 million. In the last presidential campaign, Adelson and his wife spent about $100 million, and the couple are expected to generously help whomever they endorse for president in 2016. Speculation turned to the political influence that Adelson could exert in his home state, a major presidential battleground in November 2016, and host to early Democratic and Republican nominating contests as well as a highly competitive U.S. Senate race.

New Mexico – Former New Mexico Secretary of State Prepares for Jail
Minneapolis Star Tribune – Morgan Lee (Associated Press) | Published: 12/16/2015

Former New Mexico Secretary of State Dianna Duran greed to a 30-day jail sentence after pleading guilty to charges involving the siphoning of money from her election account to fuel a gambling addiction. Under a plea agreement, Duran had the choice to withdraw her pleas but did not. She must pay a $14,000 fine, make restitution of nearly $14,000 to campaign donors, serve five years of probation, and perform 2,000 hours of community service. The sentence also involves in-person apologies to campaign donors and appearances before school children across the state.

New York – Cash Flows Freely in Albany: Laws lax on political fundraising
Poughkeepsie Journal – Jon Campbell | Published: 12/15/2015

Critics contend New York’s wealthy political donors pour money into the campaign accounts of high-powered government officials and are rewarded with access and influence in Albany. As part of a yearlong series, Gannett’s Albany Bureau has explored the intersection of politics and money in New York, examining its impact on public policy, from the $285.5 million spent on education lobbying since 2006 to the rise of public-relations firms working on elections and advocacy campaigns. But it is the state’s laws and limits on political fundraising that critics have long characterized as lax and insufficient. And reformers are hoping the back-to-back convictions of former Dean Skelos and Sheldon Silver may finally force Albany to act.

New York – Dean Skelos, Ex-New York Senate Leader, and His Son Are Convicted of Corruption
New York Times – William Rashbaum and Susanne Craig | Published: 12/11/2015

Former New York Sen. Dean Skelos and his son were convicted of charges they used the father’s position as majority leader to pressure companies to provide Adam Skelos with roughly $300,000 via consulting work, a no-show job, and a direct payment of $20,000. Dean Skelos had been one of the most powerful men in state government until his arrest this year, and his conviction – along with that of Assembly Speaker Sheldon Silver – will have repercussions beyond the courtroom. As in Silver’s case, the verdict resulted in Dean Skelos’s expulsion from the Legislature, where both men had served for more than three decades.

South Carolina – S.C. Attorney General’s Office Weighs in on Ethics Law, Possible Window into Prosecutors’ Public Corruption Probe
Charleston Post & Courier – David Slade, Doug Pardue, and Tony Bartelme | Published: 12/16/2015

Amid an ongoing public corruption probe, South Carolina Attorney General Alan Wilson’s office issued an opinion that may hinder prosecutors’ efforts to crack down on ethics violators. The document argued courts would likely rule it is legal under the state’s ethics laws for lawmakers to steer lucrative campaign work to their own companies or those run by family members. The nonbinding opinion delves into the often ethical gray areas of how lawmakers spend campaign money and wield influence, a system that dispensed nearly $100 million since 2009, according to a recent investigation.

Utah – SLC Council Slashes Campaign Contribution Limits
Salt Lake Tribune – Christopher Smart | Published: 12/9/2015

The Salt Lake City Council cut the maximum contribution to a mayoral candidate from $7,500 to $3,500. It also reduced maximum donations to council candidates from $1,500 to $750. Those limits apply to individuals, corporations, nonprofits, and unions. The caps apply only to Salt Lake City. Utah state law contains no limits on campaign contributions.

Washington – Ethics Board Looks at Lawmakers’ Meal Limit
Seattle Times – Joseph O’Sullivan | Published: 12/3/2015

The Legislative Ethics Board (LEB) discussed how to proceed on the trickier elements of a rule that imposed a hard limit on how many free meals that state lawmakers may take from lobbyists. LEB members approved a motion stating there is no special exemption for industry groups such as the Washington Bankers Association, which may feed lawmakers attending functions such as a luncheon or forum. But that motion also stressed such forums likely fall within an existing exemption for lawmakers, and so probably would not count as one of the 12 meals. The rules and discussion follow a review by The Associated Press that found the state’s most active lobbyists had lavished hundreds of meals upon lawmakers, estimated at more than $65,000 in value, in the first four months of 2013.

Wisconsin – Scott Walker Signs Bills on Splitting GAB, Campaign Finance
Milwaukee Journal Sentinel – Patrick Marley and Jason Stein | Published: 12/16/2015

Gov. Scott Walker signed into law a bill that rewrites Wisconsin’s campaign finance statutes. He also approved legislation that eliminates the state Government Accountability Board and hands its duties over to two new agencies, the Elections Commission and the Ethics Commission. Those new bodies will take over July 1. The campaign finance changes include doubling the limit for individual contributions and eliminating a requirement that donors giving more than $100 identify their employer. It also allows, for the first time, corporate donations to political parties and legislative campaign committees.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

Q. What are the key components for a successful government affairs compliance program?

A. We collaborate closely with our clients to create comprehensive and effective compliance programs. During this process, our clients often request guidance on best internal practices and procedures. Certainly, there is no one-size-fits-all approach—a successful compliance program will adapt seamlessly into the fabric of the corporate structure, making every program unique. Notwithstanding, here are five common components for successful government affairs compliance programs:

1. Centralized Oversight: Great compliance programs have a strong organizational structure with oversight and review vested in one dedicated team of government affairs professionals. All requests for corporate contributions, gifts, and events should be approved by the central team. There should be   one employer signatory for all state and local filings—one person who is responsible for oversight and who can attest to the accuracy of registrations and reports. This person typically has oversight of internal team activity, which affords an opportunity for a big picture overview of state and local responsibilities. The responsibility for all company reports should stay within the company—contract lobbyists typically should not be responsible for filing a company’s employer reports. Often, non-lobbyist employee activity, corporate contributions, and/or in-house corporate expenses need to be disclosed on employer reports. Contract lobbyists are not always privy to the necessary reporting information. We recommend working closely with your contract lobbyists to identify necessary reporting information (percentage of retainer dedicated to lobbying efforts, subject matter, etc.) and reviewing draft disclosure reports against company invoices to ensure accuracy in reporting.

2. Recurring Training Opportunities & Assessments: Providing adequate training opportunities for your team is necessary to ensure compliance. Ideally, this should be done on an annual basis, and completion should be required and documented. State and local requirements change quickly, as do team members. This is especially true for sales and procurement executives. We recommend a general training session or refresher course and individual follow-up to assess registration and/or reporting needs.

3. Broad Outreach Across Lines of Business and Departments: Contact with state and local government officials is usually not isolated to only the government affairs team—it can happen anywhere in your corporation, from the executive level to sales. A strong compliance program allows you to reach across lines of business and departments to ensure anyone engaging officials on behalf of your company is staying compliant with relevant rules and restrictions.

4. Clear Policies for Employee Engagement: Can you identify clear internal gift and contribution policies? Your compliance program should utilize and strengthen your existing gift, ethics, and corporate contribution policies. Ensure these policies are specific. For example, what employee activity triggers the policy? What activities are prohibited? What activities require pre-approval by your team? A well-structured compliance program will disseminate these policies companywide, and include a clear roadmap for employee compliance.

5. Open Door Policies and Procedures: In sum, you must make it easy to comply. If it’s too difficult to access information or request approval, your employees simply won’t do it. Is there an intranet, form, or a ticket system you can utilize to ensure your employees can easily access guidance? What resources do you provide to your employees?   Is there a company contact employees can reach to discuss questions or concerns? Further, there must be a fast turn-around time for questions and guidance. The longer something sits in a queue, the higher the risk for noncompliance.

In 2016, it will be more important than ever to keep a close watch on your compliance program.  Having a solid program in place will help when questions arise from the media, stockholders, and activists.

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: experts@stateandfed.com.

(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.

Governor Cuomo has set a special election date for two vacant state Assembly seats and one vacant state Senate seat. Elections will be held on April 19, 2016, aligning with the date for New York’s presidential primary.

Elections will fill vacant seats in Assembly District 59 following the election of former Representative Roxanne Persaud’s to the state Senate, as well as in Assembly District 65 and Senate District 9 following the criminal convictions of former Representative Sheldon Silver and former Senator Dean Skelos.