Campaign Finance

Illinois: “Cook County OK to Restrict Campaign Cash from Lawyers, Others Seeking ‘Official Action,’ Appeals Court Says” by Jason Bilyk for Cook County Report

Elections

Florida: “Will Florida’s Ex-Felons Finally Regain the Right to Vote?” by Emily Bazelon for New York Times Magazine

Ethics

National: “State Supreme Courts Increasingly Face Partisan Impeachment Threats” by Alan Greenblatt for Governing

National: “Feds Turn Focus to UAW Presidents: Did they misspend union dues?” by Tresa Baldas for Detroit Free Press

National: “Rep. Keith Ellison Calls for U.S. House to Investigate Abuse Allegation Against Him” by Jessie Van Berkel for Minneapolis Star Tribune

California: “Drunken Threat to Lobbyist Draws Reprimand for California Lawmaker” by Alexei Koseff for Sacramento Bee

Missouri: “Greitens’ Staff Used Secret Texting App with Allies Outside Governor’s Office” by Jason Hancock for Kansas City Star

New York: “Crystal Run Did Raise a Red Flag” by Chris Bragg (Albany Times Union) for WRAL

North Dakota: “Groups Speak Out Against N.D.’s Measure 1, Call Anti-Corruption Amendment Poorly Written” by Tracy Briggs (Forum News Service) for Bismarck Tribune

Lobbying

Oklahoma: “Oklahoma Ethics Commission Hit with Federal Lawsuit Over Gift Rules” by Nolan Clay for The Oklahoman

In a long legal battle, the Oklahoma Ethics Commission lost a battle to receive more funding to carry out its oversight functions.

The Legislature appropriates funds to the Ethics Commission, and it complained to the Supreme Court the legislatures have underfunded it for years in violation of the Constitution.

The court rejected the commission’s complaint 5-4, stating it has money “sufficient to enable it to perform its duties,” which the Constitution says.

The Missouri Supreme Court declined to take on the Clean Missouri ballot initiative case, which means it will appear as an amendment on the ballot this November.

The amendment focuses on ethics reform and state redistricting, and it was challenged because it possibly violated a provision of the Missouri Constitution that limits the scope of initiative petitions and sought to mislead voters.

A trial court agreed, but an appellate court in Kansas City upheld Clean Missouri because all the proposed changes are included under the subject Legislature reform.

Campaign Finance

National: “Dems Offer Resolution to Force Vote to Overturn IRS Guidance Limiting Donor Disclosure” by Naomi Jagoda for The Hill

Canada: “Vancouver Shows B.C. Is Still the Wild West of Election Advertising” by Frances Bula for The Globe and Mail

Montana: “State Auditor Rosendale Dropped Fines Against Top Campaign Donor” by John Adams (Montana Free Press) for Missoula Current

Ethics

National: “Justice Department Issues Indictment for 2013 Congressional Trip to Azerbaijan” by Katharine Tully-McManus for Roll Call

Missouri: “Clean Missouri Will Be on November Ballot After High Court Refuses to Hear Challenge” by Alison Kite for Kansas City Star

North Carolina: “NC House Speaker Tim Moore’s Legal Contract with Start-Up Raises Questions” by Dan Kane for Raleigh News and Observer

Oklahoma: “Oklahoma Supreme Court Rejects Ethics Commission Request for More Money” by Nolan Clay for The Oklahoman

Legislative Issues

Missouri: “Term Limits Have Been ‘a Disaster’ for Missouri, Say Many State Leaders” by Jason Hancock for Kansas City Star

Campaign Finance

National: “Why Are Corporations Pouring Millions into Shoo-In Governor Races?” by Sanya Mansoor, Liz Essley Whyte, and Joe Yerardi for Center for Public Integrity

Elections

National: “For Women on the 2018 Campaign Trail, ‘Sexism’ Is No Longer a Forbidden Word” by Avi Selk (Washington Post) for Connecticut Post

Ethics

National: “DHS Secretary Says FEMA Head Won’t Lose Job Over Travel Investigation” by Associated Press for USA Today

National: “Rod Rosenstein Will Meet with Trump to Discuss His Fate” by Michael Shear, Julie Hirschfeld Davis, and Maggie Haberman (New York Times) for MSN

Minnesota: “MN Rep. Jim Knoblach Ends Campaign Ahead of MPR Abuse Allegations Story” by Nina Moini and Briana Bierschbach for Minnesota Public Radio

Lobbying

National: “Obama White House Counsel Gregory Craig Under Scrutiny by Prosecutors in Offshoot of Mueller Probe” by Tom Hamburger for Washington Post

Florida: “NRA Sway: For Florida officials, it’s always Hammer time” by Steve Contorno for Tampa Bay Times

Missouri: “St. Louis Aldermen Will Again Consider Banning Lobbyists from the Floor of Their Chambers” by Celeste Bott for St. Louis Post-Dispatch

Campaign Finance

National: Political Nonprofits Seek Answers After Court Decision Targeting ‘Dark Money’ by Michelle Ye Hee Lee for Washington Post

Ethics

National: Senate Judiciary Panel’s Top Democrat Calls for Delay in Kavanaugh Hearing After New Allegation by Karoun Demirjian, Amy Gardner, and Seung Min Kim (Washington Post) for MSN

National: Rod Rosenstein Suggested Secretly Recording Trump and Discussed 25th Amendment by Adam Goldman and Michael Schmidt (New York Times) for MSN

Iowa: Gov. Kim Reynolds’ Flights on Private Jets Not Improper, Ethics Panel Rules by David Pitt (Associated Press) for Des Moines Register

Missouri: Missouri Proposal to Reform Ethics Laws Is Back on the Ballot After Court Ruling by Alison Kite for Kansas City Star

New York: Percoco Sentenced to Six Years for Corruption by Robert Gavin for Albany Times Union

Lobbying

Canada: Ethics Committee Launches Review of Federal Lobbying and Conflict-of-Interest Laws by Bill Curry for The Globe and Mail

Alabama: Reform Panel to Vote on Changes to Alabama Ethics Law by Mike Cason for AL.com

National:

These State Lawmakers Are Running Unopposed, but Still Rake in Campaign Cash
Center for Public Integrity – Sanya Mansoor, Liz Essley Whyte, and Joe Yerardi | Published: 9/19/2018

There are at least 26 legislative leaders in statehouses across America who are collecting campaign donations despite running unopposed this year. The safe lawmakers represent an attractive prospect for lobbyists and power-seekers: the sure bet. Contributions to these influential politicians can buy face time and favor with those who set state legislative agendas, experts say. The money also compounds their power. Legislative leaders use their accounts to buy presents to thank supporters, for example, or give to fellow lawmakers’ campaigns to reward them for voting with their party.

Federal:

Foreign Lobbying Overhaul Loses Steam in Congress
Politico – Marianne Levine and Josh Gerstein | Published: 9/17/2018

Amid partisan clashes and pushback from foreign-owned companies, the push to strengthen the Foreign Agents Registration Act (FARA) appears to be going nowhere as multiple bills have stalled. Foreign companies with American subsidiaries feared the changes would force their lobbyists to register as foreign agents, which would require them to disclose every meeting and phone call they made on behalf of overseas clients rather than under the less-restrictive disclosure rules for domestic lobbyists. “There’s these very fierce efforts to maintain the status quo,” said U.S. Rep. Mike Johnson, one of the lawmakers pushing to overhaul FARA.

Manafort Plea Deal Casts New Scrutiny on Lobbyists He Recruited
WRAL – Kenneth Vogel (New York Times) | Published: 9/14/2018

Paul Manafort recruited the Podesta Group and Mercury Public Affairs to aide a pro-Russian nonprofit in Ukraine, an arrangement intended to obscure the identity of the ultimate beneficiary of the lobbying, Ukrainian President Viktor Yanukovych. Relying on the word of the Ukrainian group, the firms initially registered their representation under congressional lobbying disclosure rules. Now, that work, and the decision not to disclose it under the Foreign Agents Registration Act, has turned the Podesta Group and Mercury, along with Skadden, Arps, Slate, Meagher & Flom, into subjects of interest in a series of probes. The new evidence was included in updated charges filed against Manafort in connection with his guilty plea. The evidence Robert Mueller’s team unveiled could help prosecutors in New York build cases against the firms.

Political Nonprofits Must Now Name Many of Their Donors Under Federal Court Ruling after Supreme Court Declines to Intervene
Chicago Tribune – Michelle Ye Hee Lee and Robert Barnes (Washington Post) | Published: 9/18/2018

The U.S. Supreme Court denied a request from a conservative political group to temporarily block a lower court ruling which would force it to disclose its donors. The request for a stay had initially been entered by Chief Justice John Roberts after Crossroads GPS disputed an earlier ruling that invalidated an FEC regulation allowing donors to remain anonymous. In the order from the full court, the justices refused to further delay the U.S. District Court for the District of Columbia’s decision to invalidate the regulation. The original decision required “dark-money” groups that spend at least $250 in independent expenditures to report every donor who gave at least $200 in the past year.

Senate Candidates to Start Electronically Filing Campaign Finance Reports, Pending President Approval
Center for Responsive Politics – Kaitlin Washburn | Published: 9/19/2018

Federal lawmakers passed a bill that would require U.S. Senate candidates to file their campaign finance disclosures directly to the FEC, rather than on paper with the secretary of the Senate. The provision is part of a larger appropriations bill that now awaits President Trump’s signature. House of Representatives and presidential candidates have been electronically filing their disclosure reports since 2001. The Center for Public Integrity found numerous mistakes produced by the Senate’s archaic system. The investigation found errors in more than 5,900 candidate disclosures and were all traced back to the conversion of paper filings to electronic data.

Ted Cruz’s Campaign Marked a Fund-Raising Letter an Official ‘Summons.’ It Wasn’t Against the Rules.
WRAL – Liam Stack (New York Times) | Published: 9/17/2018

The FEC said U.S. Sen. Ted Cruz’s re-election campaign did not violate any regulations when it sent out a fundraising letter designed to look like a legal summons. “SUMMONS ENCLOSED –OPEN IMMEDIATELY,” is written across the front in capital letters. The envelope does state the letter is from a campaign and includes a return address for the Cruz campaign’s Houston post office box. FEC spokesperson Myles Martin said the relevant question was whether a mailing contains a disclaimer saying it came from a political campaign. Aside from that, Martin said, “the FEC’s regulations don’t speak to how candidates may choose to word particular solicitations to potential contributors.” Cruz is locked in an unexpectedly tight race against U.S. Rep. Beto O’Rourke.

From the States and Municipalities:

Georgia: Court Declines to End Paperless Voting in Georgia Before Midterms
Politico – Eric Geller | Published: 9/18/2018

U.S. District Court Judge Amy Totenberg ruled Georgia need not replace paperless voting machines before the midterm elections, dealing a blow to security activists even as the judge acknowledged the machines are not secure and continuing to use them may infringe on voters’ constitutional right to a free and fair election. Switching to paper at this late date, state and county officials argued, would throw the election into chaos and cause voter confusion. The case will now proceed and deal with the plaintiffs’ constitutional arguments, and Totenberg warned Secretary of State Brian Kemp that his concerns about a chaotic election s will “hold much less sway in the future.”

Illinois: U.S. Appeals Court Upholds Illinois Campaign Finance Limits
State Journal-Register (Associated Press) | Published: 9/13/2018

A federal appeals court upheld Illinois’ campaign contribution limits. The Seventh Circuit U.S. Court of Appeals ruled the caps set in a 2009 law do not violate First Amendment free-speech rights. Illinois Liberty PAC had argued limits on individuals’ contributions should not be lower than those for corporations or unions.

Missouri: In Latest Legal Twist, Ethics Reform Question Back on Missouri Ballot
St. Louis Post-Dispatch – Kurt Erickson | Published: 9/18/2018

A state appeals court put an ethics reform package back on the November ballot. The Missouri Western District Court of Appeals ruled that Amendment 1 can stay on the ballot pending future court decisions. The referendum asks whether voters want to tighten campaign contribution limits, ban lobbyist gifts, institute a two-year waiting period for lawmakers-turned-lobbyists, start a new redistricting system in 2020, and require lawmakers to adhere to the Sunshine Law.

Nevada: Las Vegas Judge Nullifies Results of Republican Election
Las Vegas Review-Journal – Ramona Giwargis | Published: 9/18/2018

Jason Burke defeated Mack Miller by 122 votes in the June 12 primary for a seat in the Nevada Assembly, but Clark County District Judge Jim Crockett signed an order that nullified the election, saying Burke did not file campaign finance reports on time. State law states an election may be contested if the winner was not eligible for office, illegal votes were cast, or valid votes were not counted. The secretary of state’s office said the failure to file campaign finance reports is not an automatic disqualifier.

New York: Watchdog’s Bark Silent for Cuomo
WRAL – Chris Bragg (Albany Times Union) | Published: 9/18/2018

When a sworn complaint is filed with New York Joint Commission on Public Ethics (JCOPE), the law requires the agency to send any subject of such an ethics complaint a letter outlining possible legal violations and giving them 15 days to respond. Sworn complaints have been submitted requesting that JCOPE launch investigations Joseph Percoco’s possible use of government resources while he was managing Gov. Andrew Cuomo’s 2014 campaign, as well as the governor’s potential knowledge of those activities. But the Cuomo administration and campaign have not received a 15-day letter from JCOPE. David Grandeau, the state’s former top lobbying official, said that means there is “now no doubt that JCOPE is not following the law.”

Pennsylvania: Pennsylvania’s Ban on Gambling Contributions Struck Down
PennLive.com – Marc Levy (Associated Press) | Published: 9/19/2018

U.S. District Court Judge Sylvia Rambo overturned Pennsylvania’s ban on political contributions from people involved in the gaming industry, ruling the law aimed at curbing the influence of casino interests was too broad. But the judge did not close the door on lawmakers reviving a similar prohibition that is narrower in scope and tailored to the purpose of fighting corruption. The U.S. Supreme Court, Rambo wrote, has ruled that preventing corruption, or the appearance of corruption, is the only appropriate reason to justify restrictions on political donations. The Pennsylvania Supreme Court threw out the ban in 2009, which initially outlawed large campaign contributions from key parties in the gaming industry. Lawmakers responded by banning all donations.

County Executive Steve Schuh proposed a bill to County Council to amend the county ethics provisions.

Bill No. 80-18 increases late filing fee for lobbyists and employees, adds a revolving door provision, modifies certain definitions, requires employee ethics training, and creates changes to comply with state ethics laws, among other provisions. The bill also updates who is required to file financial disclosure statements.

At the September 17 council meeting, an amendment passed to remove an exemption for free tickets and admission to certain events.

Campaign Finance

National: “These State Lawmakers Are Running Unopposed, but Still Rake in Campaign Cash” by Sanya Mansoor, Liz Essley Whyte, and Joe Yerardi for Center for Public Integrity

National: “Political Nonprofits Must Now Name Many of Their Donors Under Federal Court Ruling after Supreme Court Declines to Intervene” by Michelle Ye Hee Lee and Robert Barnes (Washington Post) for Chicago Tribune

Elections

Kentucky: “Ethics Opinion Further Complicates a 2019 Campaign for Alison Lundergan Grimes” by Daniel Desrochers for Lexington Herald-Leader

Massachusetts: “Fans of Ranked Voting See an Opportunity in Massachusetts” by Katharine Seelye for New York Times

Ethics

National: “Trump-Proof Aspects of Manafort Deal Rankle Lawyers” by Josh Gerstein for Politico

National: “Christine Blasey Ford Wants F.B.I. to Investigate Kavanaugh Before She Testifies” by Peter Baker, Sheryl Gay Stolberg, and Nicholas Fandos (New York Times) for MSN

Arkansas: “1 Ethics Rule Ditched, 1 Backed; State Senators Reject Disclosure of Less Than $1,000 in Income” by Michael Wickline for Arkansas Online

Florida: “Adam Putnam Hired a Donor’s 27-Year-Old Son to a $91,000 Job. There’s a Publix Connection.” by Steve Contorno for Tampa Bay Times

Missouri: “In Latest Legal Twist, Ethics Reform Question Back on Missouri Ballot” by Kurt Erickson for St. Louis Post-Dispatch

Missouri: “Former Jackson County Executive Mike Sanders Sentenced to 27 Months in Federal Prison” by Mike Hendricks and Steve Vockrodt for Kansas City Star

New York: “JCOPE Never Probed Cuomo – Is That Legal?” by Chris Bragg for Albany Times Union

Lobbying

United Kingdom: “Harry Rich Appointed Registrar of Consultant Lobbyists” by Chloe Smith (MP) for GOV.UK

Campaign Finance

National: “Ted Cruz’s Campaign Marked a Fund-Raising Letter an Official ‘Summons.’ It Wasn’t Against the Rules.” by Liam Stack (New York Times) for WRAL

Elections

National: “Indicted Congressman Chris Collins Reverses Himself, Will Remain on November Ballot” by Mike DeBonis for Washington Post

Georgia: “Federal Judge Denies Motion to Force Georgia to Adopt Paper Ballots in Midterm Election” by Ellen Nakashima for Washington Post

Ethics

National: “Embattled FEMA Chief Brock Long Facing Possible Criminal Investigation” by Nick Niroff and William Wan for Washington Post

National: “Trump’s Growing Legal Team Has a Problem: It’s operating partly in the dark” by Maggie Haberman and Michaek Schmidt for New York Times

National: “Hearing Set for Monday to Hear Kavanaugh and His Accuser” by Sheryl Gay Stolberg and Julie Hirschfeld Davis (New York Times) for WRAL

Florida: “City Attorney Sues Blogger for Libel. Is It ‘a Threat Designed to Silence?’” by Sarah Blaskey for Miami Herald

Lobbying

National: “Foreign Lobbying Overhaul Loses Steam in Congress” by Marianne Levine and Josh Gerstein for Politico

Maryland: “Anne Arundel County Executive Steve Schuh Introduces New Ethics Reforms” by Chase Cook for Capital Gazette

The Oklahoma Ethics Commission adopted ethics rules for the second time this year. In February, the commission submitted its 2018 Promulgated Ethics Rules to the governor and both houses of the Legislature.

Proposed changes included a revolving door provision prohibiting elected state officers and chief administrative officers from lobbying for two years following their terms of office or service, new rules regarding the due dates of electronic filings, and revised reporting periods for candidate election reports and independent expenditure reports.

The Legislature rejected those rules during the 2018 session. Despite the rejection earlier this year, the commission adopted the rules again on September 14, 2018.

If the Legislature chooses not to reject the proposed rule changes again, all amendments will be effective upon adjournment sine die of the 2019 regular legislative session.

On September 17, Sen. Ben Sasse introduced five federal ethics bills in the Senate, including Senate Bill 3454, the Congressional Revolving Door Ban Act, which would create a lifetime ban on members of Congress leaving office to become federal lobbyists.

Senate Bill 3452, the Cabinet Service Integrity Act, prohibits cabinet members and their immediate family from soliciting contributions from a government of a foreign country, a foreign political party, or any entity owned or controlled by a government of a foreign country or foreign political party.

Senate Bill 3451, the Congressional Anti-Corruption Act, prohibits members of Congress from buying or selling individual securities while in office.

Senate Bill 3453, the Congressional Workplace Misconduct Accountability Act, creates a public database of U.S. Congressional human resources settlements and increases the personal financial liability for members of congress.

Senate Bill 3450, the Presidential Tax Transparency Act, requires a presidential and vice-presidential candidates’ tax returns be disclosed by the Internal Revenue Service.

Sasse said he intends the legislation to be “big and disruptive and uncomfortable for Washington, D.C.”, according to his press release.

Campaign Finance

National: Chief Justice Roberts Halts Campaign Finance Ruling by Quint Forgey and Josh Gerstein for Politico

Elections

Arizona: Forged Voter Signatures Could Cost Former State Senate Candidate Mark Syms $50,000 by Dustin Gardiner Arizona Republic

Ethics

National: California Professor, Writer of Confidential Brett Kavanaugh Letter, Speaks Out About Her Allegation of Sexual Assault by Emma Brown (Washington Post) by Los Angeles Times

National: ‘Robert Mueller’s Real Quest Here Is for the Truth’: How Paul Manafort’s plea brings the special counsel probe closer to its endgame by Matt Zapotosky, Carol Leonnig, and Ashley Parker (Washington Post) MSN

Arkansas: Oren Paris III Sentenced to 3 Years for Kickbacks by Marty Cook and Lance Turner for Arkansas Business Journal

Florida: What Andrew Gillum’s Trip to New York City Means in the FBI Investigation by Lawrence Mower Tampa Bay Times

Missouri: Missouri Ethics Reform, Redistricting Initiative Tossed from November Ballot by Judge by Alison Kite Kansas City Star

Pennsylvania: Philly Board of Ethics Fines Former Nutter Aide for Misspending City Money by Claudia Vargas Philadelphia Inquirer

National:

Republicans Running for Governor Look for Success in Unlikely Places: Blue states
Washington Post – Tim Craig | Published: 9/9/2018

Democrats are becoming concerned as moderate Republican candidates are proving to be resilient in unexpected places, even as much of the GOP shifts to the right. With 36 gubernatorial races on the ballot nationwide, Democrats are still expected to make gains in statehouses this year. But recent polls suggest Republicans Larry Hogan of Maryland, Charlie Baker of Massachusetts, and Phil Scot and of Vermont, all up for re-election this fall in states carried by Hillary Clinton in 2016, remain among the most popular governors in the country and are favored to win re-election. Their success in winning and governing as moderates is serving as a model for GOP candidates elsewhere, including in Rhode Island and Oregon, where officials in both parties say the governor’s race is competitive.

Viral Videos Are Replacing Pricey Political Ads. They’re Cheaper, and They Work.
MSN – Jeremy Peters and Sapna Maheshwari (New York Times) | Published: 9/11/2018

The wave of female, minority, and outsider candidates that is breaking cultural barriers and toppling incumbents in the Democratic Party is also sweeping aside a longstanding norm in campaigns: that the public image of politicians, especially women, should be upbeat and conventional. For many of these Democrats who were running against better-financed rivals, the breakthrough moment came after they got personal in relatively low-cost videos that went viral, reaching millions of people. Using documentary-style storytelling, candidates have found a successful alternative to the traditional model of raising huge sums of money that get spent on expensive television commercials.

Federal:

Activists Raised $1 Million to Defeat Susan Collins If She Votes for Kavanaugh. She Says It’s Bribery.
Washington Post – Eli Rosenberg | Published: 9/11/2018

U.S. Sen. Susan Collins of Maine, a centrist Republican, is seen as a swing vote in Brett Kavanaugh’s nomination to the Supreme Court. She has said she would not vote to confirm a nominee who was hostile to Roe v. Wade. So, a group of liberal activists in Maine created an unusual crowdfunding campaign to influence Collins: they raised money in the form of pledges they said they would give to whoever decided to challenge her re-election in 2020. Donors’ credit cards will only be charged if she votes to confirm Kavanaugh. At least one ethics expert said it may violate federal bribery statutes, which prohibit giving or offering anything of value to government officials in exchange for any acts or votes.

Campaigns, Parties Can Accept Free Service From Microsoft, FEC Says
Roll Call – Stephanie Aiken | Published: 9/10/2018

The FEC ruled Microsoft may offer special cybersecurity assistance to candidates without violating rules against corporate contributions. One watchdog group called it an unprecedented opening for corporations looking to influence lawmakers and skirt campaign finance laws. Federal election law prohibits companies from providing free services to lawmakers. But the FEC would make an exception in this case, it ruled, because Microsoft would be acting out of business interests and not trying to curry favor. The decision also noted Microsoft has promised to offer the services “on a non-partisan basis.” Opponents of the change said the exception was too broad.

In an Increasingly Diverse House, Aides Remain Remarkably White
WRAL – Nicholas Fandos (New York Times) | Published: 9/11/2018

U.S. House aides write federal policy, oversee the administration of government, and shape the public’s view of Congress. But the top staff members of the House are far less racially diverse than the country itself, or even the lawmakers who employ them. Approximately 14 percent of top staff members in the House are people of color. That compares with 38 percent of the country and 23 percent of the House. Of the 40 top Democratic and Republican aides who lead the staffs of committees, only six are nonwhite. “The House of Representatives cannot effectively create public policy that benefits all Americans if the people making policy decisions do not look like all of America,” said Spencer Overton, the president of the Joint Center for Political and Economic Studies, which released the study.

From the States and Municipalities:

California: Banning Man Wins $220,000 from State Political Watchdog Panel
Riverside Press-Enterprise – Craig Schultz | Published: 9/7/2018

Frank Burgess was awarded more than $200,000 in legal fees after a court found the California Fair Political Practices Commission (FPPC) violated his Constitutional protections related to a fine levied against him as a member of a nonprofit hospital board. Burgess was fined $5,000 by the FPPC for trying to convince other members of the San Gorgonio Hospital board to continue doing business with his son’s moving and storage company. Burgess argued that as a nonprofit board, members did not fall under the Political Reform Act. A Superior Court judge overturned the fine, agreeing with Burgess’s contention that he had been denied due process because he had no forewarning he was considered a public official.

California: Koch-Backed Charity Must Reveal Donor List to California Officials, Appeals Panel Rules
Connecticut Post – Michelle Ye Hee Lee (Washington Post) | Published: 9/11/2018

A federal appeals court ruled the charity Americans for Prosperity (AFP) Foundation, which is linked to billionaire Charles Koch, must disclose its donors to California officials. The foundation had argued the state’s rules requiring filing of the donor list violate the First Amendment by discouraging individuals from giving and by exposing them to threats and harassment. The case could test the ability of state agencies to compel nonprofits to disclose the identities of their donors, particularly ones that are tied to “social welfare” nonprofits, commonly referred to as “dark money” groups. One such group is Americans for Prosperity, the main political arm of the influential Koch network. AFP Foundation, a sister organization, is a charity that focuses on education and research.

Colorado: Colorado’s Independent Ethics Commission on Uncertain Course
Colorado Springs Gazette – Marianne Goodland | Published: 9/10/2018

Critics say the Colorado Independent Ethics Commission’s (IEC) structure, staffing, and funding make it impossible for the public to have any confidence that ethics issues – whether it is investigations into potential violations, training for government employees, or guidance – are handled in a logical or even timely manner. The monthly commission meetings focus on complaints and advisory opinions. But most of the meetings are conducted in executive sessions behind closed doors. During those sessions, commissioners decide which complaints are frivolous and then will make public what they have decided. Between 2008 and 2017, the IEC received 196 complaints. All but 20 were dismissed as frivolous, out of the IEC’s jurisdiction, or withdrawn. Whether those complaints were truly frivolous will never be known.

Iowa: Iowa Governor Flew to Game on Vendor’s Plane
Associated Press – Ryan Foley | Published: 9/12/2018

Gov. Kim Reynolds received approval from Iowa Ethics and Campaign Disclosure Board Director Megan Tooker to fly with her family to Iowa State’s bowl game last year free of charge on the jet of a state vendor. Reynolds accepted the trip as a campaign donation from Sedgwick’s chief executive officer, who says he reimbursed his company for the plane’s use. The governor’s office said “bona fide campaign events” would take place during the half-day trip. Tooker said in December the governor could accept the flight, although Tooker now says she was unaware the airplane was owned by Sedgwick. Tooker also says she does not know what campaign activity Reynolds engaged in during the trip, which would be required for the flight to be considered an allowable campaign contribution instead of an illegal gift.

Kentucky: What’s Bevin Hiding? Worker Who Got $215K Raise Is His Old Army Buddy
Louisville Courier-Journal – Tom Loftus and Morgan Watkins | Published: 9/12/2018

When Kentucky Gov. Matt Bevin wanted a new state chief information officer, he did not do a national search – he hired an old Army buddy and longtime business associate last October at a salary that now leads the nation for similar state. Some state lawmakers were stunned when it was reported Bevin gave Charles Grindle a $215,000 pay raise, an unusual 134 percent increase after less than a year on the job. Neither Bevin nor Grindle have responded to requests for information about their relationship and any role it might have played in Grindle’s hiring and rapid increase in pay. A former official of the Commonwealth Office of Technology said Grindle spoke openly about his long friendship with Bevin and that he had worked for Bevin in an unspecified capacity before going on the state payroll.

Maryland: Baltimore Ethics Board Rejects Mayor Pugh’s Request for Sweeping Exemption from Fundraising Rules
Baltimore Sun – Ian Duncan | Published: 9/7/2018

The Baltimore Board of Ethics rejected Mayor Catherine Pugh’s request to be exempted from rules that bar city employees from raising money for charitable causes without prior approval. Pugh was seeking a waiver so she could solicit funds from private donors that would help pay for her administration’s social programs and other community initiatives. The board said it was unwilling to grant a blanket exception to Pugh, who could still seek waivers on a case-by-case basis. Pugh;’s office said she needed the new fundraising powers to bolster the city’s existing budget. Board member Stephan Fogleman said he was concerned the waiver the mayor sought would have made it difficult for the public to know what she was raising money for.

Michigan: Why This U-M Regent Just Returned Thousands in Campaign Donations
Detroit Free Press – Matthew Dolan and David Jesse | Published: 9/13/2018

Wealthy alumni who have sway over the University of Michigan’s $11billion endowment have given thousands in campaign donations to members of the university’s governing board. A review of state records shows two members of the university’s elected Board of Regents accepted in total nearly $30,000 in contributions from donors associated with funds receiving university investments. In addition, a family who helps guide the university’s investment strategy gave more than $29,000 to the board’s longest-serving member. To critics, some of the donations could pose a conflict-of-interest. Regent Andrea Fischer Newman pledged to return thousands of dollars in campaign contributions from three wealthy businesspeople who help control millions of dollars in university investments.

Missouri: Court Affirms Major Blow to Missouri Amendment Restricting Campaign Donations
St. Louis Public Radio – Jason Rosenbaum | Published: 9/10/2018

A federal appeals court upheld a lower court ruling that Missouri’s ban on donations from one PAC to another is unconstitutional. The Eighth Circuit U.S. Court of Appeals ruled the ban on PAC-to-PAC giving violates committees’ right to free speech. The appeals court ruled the Missouri Ethics Commission failed to show PAC-to-PAC contributions would breed corruption because the groups are not controlled by a candidate and operate independently from any party running for political office. The decision permanently stops the commission from enforcing the ban.

Ohio: Ethics Panel Imposes Stricter Rules on Ohio Lawmaker Travel
WOSU – Jo Ingles | Published: 9/11/2018

The Ohio Joint Legislative Ethics Committee said lawmakers and their employees cannot accept travel expenses from lobbyists unless those result from participation in a panel, seminar, or speaking engagement or were incurred at a meeting of a national organization of which any state agency is a dues paying member. When it comes to sharing rides with lobbyists for personal travel, starting immediately, lawmakers must reimburse the cost of their travel within a week.

Washington: Washington AG to Press for $18 Million Fine Against Foodmakers
Capital Press – Don Jenkins | Published: 9/6/2018

Washington Attorney General Bob Ferguson said his office will seek to restore an $18 million fine against the Grocery Manufacturers Association (GMA), which an appeals court overturned recently. The court upheld GMA’s conviction and left in place a $6 million judgment for shielding the names of food and beverage companies that contributed to a campaign against a GMO-labeling initiative in 2013. The court ruled, however, that a lower court judge erred by finding that GMA intentionally broke the law and tripling the penalty. Even at $6 million, the fine would be the largest campaign finance penalty in U.S. history.