National:

Request Denied: States try to block access to public records
San Jose Mercury News – Andrew DeMillo and Ryan Foley (Associated Press) | Published: 9/17/2017

State lawmakers across the country introduced and debated dozens of bills during this year’s legislative sessions that would close or limit public access to a wide range of government records and meetings. Most of those proposals did not become law, but freedom-of-information advocates in some states said they were struck by the number of bills they believed would harm the public interest, and they are bracing for more fights next year.

Federal:

Government Ethics Office Says It Will Stick with Ban on Anonymous Gifts
Politico – Darren Samuelsohn | Published: 9/15/2017

David Apol, the acting director of the Office of Government Ethics, said the agency is sticking with its long-standing stance prohibiting anonymous donations to White House legal defense funds, despite recently putting forward language that appeared to undercut that position. The OGE has been under fire in the wake of a report detailing a potentially critical change to the agency’s official guidance document that the OGE’s recently departed director said could give a green light to President Trump’s aides to accept anonymous donations to pay their attorney bills. But Apol said there has been no change, and he has been giving advice to outside groups that are coming forward to set up legal defense funds for Trump aides as the Russia probe intensifies that they should have their donors disclose their identities.

Trump Lawyers Clash Over How Much to Cooperate with Russia Inquiry
New York Times – Peter Baker and Kenneth Vogel | Published: 9/17/2017

President Trump’s lawyers are clashing over how much to cooperate with special counsel Robert Mueller. At the heart of the conflict is an issue that has challenged multiple presidents during inquiries: how to handle the demands of investigators without surrendering the institutional prerogatives of the office of the presidency. The debate in the West Wing has pitted Donald McGahn, the White House counsel, against Ty Cobb, a lawyer brought in to manage the response to the investigation. The friction escalated in recent days after Cobb was overheard by a reporter for The New York Times discussing the dispute during a lunchtime conversation at a popular Washington restaurant.

With a Picked Lock and a Threatened Indictment, Mueller’s Inquiry Sets a Tone
New York Times – Sharon LaFraniere, Matt Apuzzo, and Adam Goldman | Published: 9/18/2017

The raid on the home of Paul Manafort, President Trump’s former campaign chairperson, is an example of the aggressive tactics used by special counsel Robert Mueller and his team of prosecutors in the four months since taking over the Justice Department’s investigation into Russia’s attempts to disrupt last year’s election. Dispensing with the plodding pace typical of many white-collar investigations, Mueller’s team has used what some describe as shock-and-awe tactics to intimidate witnesses and potential targets of the inquiry.

From the States and Municipalities:

California
California Passes Bill to Track ‘Dark Money’ in Political Ads and Campaigns
StateScoop – Jason Shueh | Published: 9/18/2017

California lawmakers passed Assembly Bill 249, which its advocates say will spotlight “dark money” fueling political advertising. If signed by Gov. Jerry Brown, the state’s swarms of online ads, mass emails, and other media will be required to reveal the names of previously hidden donors within advertisements. The bill is designed to further state transparency efforts by eliminating common campaign funding tactics that use the names of political committees and groups to camouflage corporations, wealthy individuals, and political organizations.

California
Why Didn’t School Board President Ref Rodriguez Just Write Himself a Big Check?
Los Angeles Times – David Zahniser, Anna Phillips, and Howard Blume | Published: 9/17/2017

Los Angeles school board president Refugio Rodriguez, who won his school board seat in 2015, legally could have poured as much of his own money as he liked into his campaign. So why would he, as prosecutors claim, have arranged for others to donate and then use his funds to illegally pay them back? That question looms large as Rodriguez faces three felony charges in what investigators call a campaign money laundering scheme. Bob Stern, co-author of the California Political Reform Act, said he could not recall another case over the past 40 years of a sitting politician being accused of illegally paying back his own contributors. In campaigns, such violations are typically committed by donors or fundraisers, he said, not the politicians themselves.

Colorado
Big Bucks Flow to Colorado Lobbyist Offices Steps from The Capitol
KUNC – Sandra Fish | Published: 9/13/2017

The nearly 600 lobbyists and lobbying firms in Colorado reported earning a total of $30 million in fiscal year 2017. Nearly half of the total is concentrated among the top 20 firms and individuals. Lobbyists’ busiest time of the year are the four months of the legislative session. Income reported to the secretary of state’s office bears that out. Lobbyist Julie McKenna said the hours are long during the legislative session. The four lobbyists in her firm reported tracking more than 300 bills earlier this year.

Kentucky
Millions Go to Board Members of Lexington’s Farmland Conservation Program
Lexington Herald-Leader – Beth Musgrave | Published: 9/18/2017

Six current or former members of a board that oversees a Fayette County farmland preservation program have received millions of dollars from the program.  In total, past and current members of the Rural Land Management Board have received $6.2 million in payments for conservation easements on their farms as part of the Fayette County Purchase of Development Rights program. Farms that are owned or partially owned by three of those former or current board members received more than $1 million each from the program. None of the members were on the board at the time the program purchased conservation easements for their respective farms. But several have rotated on and off the board for years. They received payment for their conservation easements in between stints on the board.

Maryland
Council Candidate Wants to Tie Disaster Relief to Campaign Contributions
Bethesda Magazine – Andrew Metcalf | Published: 9/19/2017

A plan to direct campaign donations to charities could test Montgomery County’s new public financing law. At-large county council candidate Brandy Brooks will hold a fundraiser in which she has promising to donate half of the campaign contributions to help victims of natural disasters. The state election board’s guide for candidates notes they may use campaign funds to attend a charitable event to raise their profile and network with potential voters and donors. The guide, however, says giving campaign funds as charitable donations is not permitted primarily because donors give to a candidate to support their platform and “when campaigns are spent for a non-campaign related purpose, it frustrates the intent of the contributor.”

Michigan
Snyder Approves Unlimited Super PAC Cash
Detroit News – Michael Gerstein | Published: 9/20/2017

Less than 24 hours after the state Senate moved to send two campaign finance bills that expand on the U.S. Supreme Court’s Citizens United ruling, Michigan Gov. Rick Snyder signed the legislation into law. Senate Bill 335 and Senate Bill 336 define and allow for independent expenditure committees like super PACs. Under the new law, candidates could solicit unlimited contributions to super PACs, which could then use the money to support the aspirations of the candidate. The super PACs could not coordinate directly with campaigns but they could share attorneys, consultants, and vendors with candidates they support.

New Mexico
Reform Laws Spurred by Treasurer Scandals Full of Loopholes
Santa Fe New Mexican – Andrew Oxford | Published: 9/16/2017

Federal investigators in 2005 accused then-state Treasurer Robert Vigil of demanding kickbacks from private financial advisers hired by the government to manage New Mexico’s investments. His predecessor, Michael Montoya, pleaded guilty to a similar extortion scheme, saying campaign debt drove him to solicit kickbacks from contractors. FBI agents quoted Montoya as saying kickbacks were merely “the way we do business in New Mexico.” Lawmakers approved reform measures that bar contractors from plying politicians with campaign donations or other gifts while vying for government business. And the changes required contractors to report donations they have made to public officials. But a decade later, those laws are full of loopholes.

New York
How Party Bosses, Not Voters, Pick Politicians in New York
New York Times – Shane Goldmacher | Published: 9/18/2017

For decades, legislative seats in New York have traded hands in what amounts to one of the last, most powerful vestiges of Tammany Hall-style politics in the state. Election laws grant politicians and local political power brokers vast sway in picking candidates when legislators leave office in the middle of their term – whether they retire early, pass away, depart for another job, or are arrested. The rules are a crucial part of what empowers party bosses in a state that regularly outpaces the nation in corruption.

New York
JCOPE Commissioners Again Rule Civil Liberties Group Must Disclose Donors
Albany Times Union – Chris Bragg | Published: 9/19/2017

The Joint Commission on Public Ethics (JCOPE) decided the New York Civil Liberties Union (NYCLU) must disclose donors to its state lobbying efforts. JCOPE has ruled in the past that the NYCLU must reveal its donors, despite arguments from the group that such disclosure could potentially lead to reprisals against people who fund the organization. The NYCLU has received a number of threatening letters, but JCOPE has found there has not been a “substantial likelihood” of harm to donors whose names are listed on the agency’s website in lobbying disclosures.

Oregon
Nepotism Runs Rampant in Oregon Legislature. Here’s How
Portland Oregonian – Gordon Friedman | Published: 9/16/2017

Oregon is one of the few states that allows lawmakers to hire family members; one in four legislators currently pays a family member to be on their staff. Legislators defend the practice, noting it has been something of a time-honored tradition to hire family members. Yet the practice of lawmakers hiring their family members as staff can be problematic. Lawmakers have a fiduciary duty to be good stewards of taxpayer funds, and spending state money on family members can hurt public trust in government, said Hana Callaghan, who runs the government ethics program at Santa Clara University.

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.

Recommendations by the city’s Ethics Review Board are on their way to be reviewed by the full City Council after the Council’s Governance Committee, chaired by Mayor Ron Nirenberg, reviewed the proposed changes Wednesday.

Mayor Nirenberg stated the recommendations are a good launching pad for more comprehensive ethics reforms in the future.

The campaign finance and ethics code recommendations include changes to the process of handling and identifying ethics violations, and tighter rules regarding campaign contributions from contractors and sub-contractors seeking city contracts as well as zoning applicants and their lobbyists.

City Council is expected to review the reform package in the coming months.

Photo of San Antonio City Hall by RYAN LOYD / TPR NEWS

Campaign Finance

“Trump Using Campaign, RNC Funds to Pay Legal Bills from Russia Probe: Sources” by Karen Freifeld and Ginger Gibson for Reuters

Connecticut: “Counterattack at GOP Effort to Repeal Public Financing” by Mark Pazniokas for Connecticut Mirror

Maryland: “Council Candidate Wants to Tie Disaster Relief to Campaign Contributions” by Andrew Metcalf for Bethesda Magazine

Michigan: “Snyder Approves Unlimited Super PAC Cash” by Michael Gerstein for Detroit News

Lobbying

Florida: “Lacking Support, Lobbying Ordinance Gets No Hearing in Hernando” by Barbara Behrendt for Tampa Bay Times

New York: “JCOPE Commissioners Again Rule Civil Liberties Group Must Disclose Donors” by Chris Bragg for Albany Times Union

Oregon: “Portland Lawmaker Cleared of Allegation He Ranked Female Lobbyists on Looks” by Gordon Friedman for Portland Oregonian

Ethics

“Mueller Seeks White House Documents Related to Trump’s Actions as President” by Michael Schmidt for New York Times

“Price’s Private-Jet Travel Breaks Precedent” by Dan Diamond and Rachana Pradhan for Politico

“For Trump Aides Caught in Russia Probe, Legal Bills and Paranoia” by Shannon Pettypiece for Bloomberg.com

Washington: “Seattle City Council Picks Tim Burgess to Replace Bruce Harrell as Temporary Mayor” by Daniel Beekman for Seattle Times

Lobbying

Maryland: “Maryland Lobbyist Charged in Bribery Scandal Linked to Prince George’s County Liquor Board” by Scott MacFarlane for WRC

Campaign Finance

Canada: “Taxpayers Would Give Millions to Political Parties in NDP Plan” by Lindsay Kines and Amy Smart for Times Colonist

California: “California Passes Bill to Track ‘Dark Money’ in Political Ads and Campaigns” by Jason Shueh for StateScoop

Kentucky: “Former Beshear Official Admits He Solicited Contributions from Fellow State Workers” by Sheldon Shafer for Louisville Courier-Journal

Ethics

“With a Picked Lock and a Threatened Indictment, Mueller’s Inquiry Sets a Tone” by Sharon LaFraniere, Matt Apuzzo, and Adam Goldman for New York Times

“Exclusive: US government wiretapped former Trump campaign chairman” by Evan Perez, Shimon Prokupecz, and Pamela Brown for CNN

Florida: “FPL Says Claim That Senator Used Lobbyist to Get Power Restored Is ‘Absurd’” by Mary Ellen Klas for Miami Herald

Indiana: “Ethics Panel Forever Bans State Government Employee Who Hired Aunt, Sister, Stepdaughter” by Brian Slodysko (Associated Press) for Indianapolis Star

Kentucky: “Millions Go to Board Members of Lexington’s Farmland Conservation Program” by Beth Musgrave for Lexington Herald-Leader

Pennsylvania: “Pennsylvania Senator’s Medical Marijuana Moonlighting Role” by Steve Esack for Allentown Morning Call

Elections

“Democrats Mount Effort to Recruit Women as State Attorneys General” by Jonathan Martin for New York Times

“Facebook’s Openness on Russia Questioned by Congressional Investigators” by Carol Leonnig, Elizabeth Dwoskin, and Craig Timberg for Washington Post

Campaign Finance

California: “Why Didn’t School Board President Ref Rodriguez Just Write Himself a Big Check?” by David Zahniser, Anna Phillips, and Howard Blume for Los Angeles Times

Santa Fe: “Reform Laws Spurred by Treasurer Scandals Full of Loopholes” by Andrew Oxford for Santa Fe New Mexican

New York: “Board of Elections Probes Ties Between Senate Democrats, Union Super PAC” by Chris Bragg for Albany Times Union

Ethics

“Request Denied: States try to block access to public records” by Andrew DeMillo and Ryan Foley (Associated Press) for San Jose Mercury News

“Trump Declines to Release List of His Mar-a-Lago Visitors” by Eric Lipton for New York Times

“Congress Struggles to Figure Out Which Russia Investigation Trumps the Others” by Erin Kelly for USA Today

California: “OC Ethics Commission Can Now Meet After Third Member is Appointed” by Nick Gerda for Voice of OC

Oregon: “Nepotism Runs Rampant in Oregon Legislature. Here’s How” by Gordon Friedman for Portland Oregonian

Pennsylvania: “Streetlight Executive Sentenced in City Hall Pay-to-Play Case” by Emily Opilo for Allentown Morning Call

The Los Angeles Ethics Commission has recommended multiple changes to the Municipal Lobbying Ordinance.

These changes include increasing the registration threshold from $2,000 to $5,000; expanding the 501(c)(3) organization exemption; amending and adding definitions regarding lobbying; expanding gift restrictions; revising registration statements, deadlines, and fees; creating a bimonthly reporting calendar instead of quarterly; and increasing civil penalties for violations of lobbying laws.

The next commission meeting is on October 17, and comments regarding the proposal can be emailed to ethics.policy@lacity.org.

On September 15, the head of the Office of Government Ethics (OGE) said in an interview with Politico anonymous contributions to legal defense funds of federal employees are prohibited. David Apol, the acting director of the OGE, told Politico the policy had not changed, even though the note on a guidance document had been changed earlier this year.

In 1993, the OGE issued an opinion letter holding a fund established for the benefit of a government employee to pay the employee’s legal expenses, while administered by a person having no connection with the employee’s official duties, could accept anonymous contributions. The OGE guidance letter is not legally binding.

Walter Shaub, then director of the OGE, instructed his staff in May of this year to add a one-sentence note to the top of the document signaling the OGE’s long standing internal practice had diverged from the formal guidance, according to Politico. The note read in all caps and a red font, “NOTE: SOME STATEMENTS IN THIS OPINION ARE NOT CONSISTENT WITH CURRENT OGE INTERPRETATION AND PRACTICE.”

Subsequently, after Shaub left the OGE, the document’s note was changed to read, again in all caps and a red font, “NOTE: THE PRIMARY FINDING ABOUT THE LIMITED APPLICABILITY OF 18 U.S.C. §209 TO PAYMENTS MADE FOR AN EMPLOYEE’S LEGAL EXPENSES HAS NOT CHANGED. HOWEVER, BECAUSE EACH ANALYSIS IS VERY FACT-SPECIFIC, AGENCY ETHICS OFFICIALS SHOULD CONSULT WITH THEIR OGE DESK OFFICER BEFORE ADVISING EMPLOYEES ON THIS TOPIC.”

Critics of the note change had said this opens the door up to lobbyists and other prohibited sources funding legal defenses for employees currently working in the White House.

Campaign Finance

California: “L.A. School Board President Faces Felony Charges Over Campaign Contributions” by Anna Phillips, David Zahniser, and Howard Blume for Los Angeles Times

Michigan: “Campaign Finance Bills Pass Michigan Senate, Give More Power to Big Donors, Critics Say” by Emily Lawler for MLive.com

Pennsylvania: “Former Judge to Admit Payments from Brady Campaign, Lawyer Says” by Chris Brennan and Craig McCoy for Philadelphia Inquirer

Ethics

“Government Ethics Office Says It Will Stick with Ban on Anonymous Gifts” by Darren Samuelsohn for Politico

“Trump Lawyers Clash Over How Much to Cooperate with Russia Inquiry” by Peter Baker and Kenneth Vogel for New York Times

“Trump’s Divisive Presidency Reshapes a Key Part of His Private Business” by David Fahrenthold, Amy Brittain, and Matea Gold for Washington Post

“Trump’s FEC Nominee Has Questioned the Value of Disclosing Political Donors” by Matea Gold for Washington Post

Lobbying

“Mike Flynn’s Son Is Subject of Federal Russia Probe” by Carol Lee, Julia Ainsley, and Ken Dilanian for NBC News

Arkansas: “Lobbyist Got Part of Fees Paid by Bondsmen” by Brian Fanney for Arkansas Online

Colorado: “Big Bucks Flow to Colorado Lobbyist Offices Steps from The Capitol” by Sandra Fish for KUNC

North Carolina: “Lobbyist Faces Investigation after WBTV Uncovered Unregistered Lobbying” by Nick Ochsner (WBTV) for Charlotte Observer

Elections

“How Party Bosses, Not Voters, Pick Politicians in New York” by Shane Goldmacher for New York Times

Legislative Issues

California: “In California’s Capitol, the Real Battles Are Often Between the Assembly and the Senate” by Chris Megerian and Melanie Mason for Los Angeles Times

Missouri: “Missouri Lawmaker Censured over Trump Assassination Post” by Associated Press for Wichita Eagle

After review and finalization, a package of campaign finance code revisions is going to the City Council Governance Committee for approval.

Proposed revisions include language creating a blackout period for owners or top executives of primary bidders on city contracts making contributions to a council campaign within a certain time frame when the contract is out to bid.

Some members of the Ethics Board fear tighter campaign finance laws will decrease political activity and lead to political problems and controversy while others are happy to see steps taken towards transparency.

The committee will meet Sept. 20 to review the proposed changes completed by the City’s Ethics Review Board this week.

Jonathan Spontarelli is here to deliver this week’s News You Can Use from the new Washington D.C. branch of State and Federal Communications!

The Honest Leadership and Open Government Act (HLOGA) of 2007 was enacted 10 years ago. It is a law of the US federal government, which in part, amended parts of the Lobbying Disclosure Act (LDA) of 1995.

What did it do? For one, it strengthened the public disclosure requirements regarding lobbying activity and placed restrictions on gifts. The bill was signed into law by President George W. Bush on September 15, 2007.

In addition, it closed the revolving door for many people in the federal government from lobbying for a certain period of time; it increased the number of reports due a year—from twice a year to four times a year; it prohibited Members of Congress from attending parties held in their honor at national party conventions—if they were sponsored by lobbyists; requires candidates, other than those running for a seat in the House, pay the fair market value of airfare (charter rates) when using non-commercial jets to travel; requires candidates for the House to not use non-commercial aircraft; requires lobbyists to certify they have not given gifts or travel that would violate Senate or House rules; requires the disclosure of businesses or organizations contributing more than $5,000 and actively participating in lobbying activities by certain coalitions and associations; instituted a lot of prohibitions between spouses who are registered lobbyists unless they were registered at least one year prior to the most recent election of the spouse to office; and requires entertainment and sports tickets be valued at market rates.

There is definitely more to HLOGA which affected lobbyists, Members of Congress, Cabinet Secretaries, senior Senate staff, and senior House staff. It is the #1 reason State and Federal Communications strengthened its federal presence in DC by bringing on Rebecca South, formerly from Blank Rome, and Gamble Hayden, formerly from PhRMA and Boehringer Ingelheim. Our FedALERTS program is the key to capturing the information needed for 100% compliance on the federal level.

Will there be changes in the future? Probably…In the meantime, we are celebrating HLOGA today at State and Federal Communications.

National:

How Anna Nicole Smith’s Billionaire In Laws Secretly Lobbied the Courts
Bloomberg.com – Zachary Mider | Published: 9/13/2017

When the heirs of billionaire J. Howard Marshall II, famous for his May-December romance with Playboy centerfold Anna Nicole Smith, went to court in a $75 million tax dispute, they got help from an unlikely ally: Barber-Scotia College, the nation’s first institution of higher learning for black women. Barber-Scotia’s name, along with those of four other historically black colleges and universities, was on a friend-of-the-court brief submitted to the U.S. Court of Appeals for the Fifth Circuit. The brief was part of a campaign by the Marshall family, orchestrated by a Washington, D.C. consulting firm, to influence two of the nation’s highest courts. The campaign shows how it is possible for well-funded litigants to stack the deck by generating phony friends of the court, or by paying advocates who present themselves as independent but are really lobbyists in disguise.

On Facebook and Twitter, a Hunt for Russia’s Meddling Hand
New York Times – Scott Shane | Published: 9/7/2017

The Russian information attack on the election did not stop with the hacking and leaking of Democratic emails. Far less splashy, and far more difficult to trace, was Russia’s experimentation on Facebook and Twitter, the American companies that essentially invented the tools of social media and, in this case, did not stop them from being turned into engines of deception and propaganda. An investigation reveals some of the mechanisms by which suspected Russian operators used Twitter and Facebook to spread anti-Hillary Clinton messages and promote the hacked material they had leaked. Given the powerful role of social media in political contests, understanding the Russian efforts will be crucial in preventing or blunting similar, or more sophisticated, attacks in upcoming elections.

Federal:

Russian Network RT Must Register as Foreign Agent in US
The Hill – Megan Wilson | Published: 9/12/2017

The company that runs the U.S. version of RT, the Russian state-owned outlet originally known as Russia Today, must register with the Justice Department as a foreign agent, signaling that all of their content would be labeled as propaganda from Moscow. Media organizations have been exempted from the Foreign Agents Registration Act, which is wide-ranging in its disclosure requirements and generally applies to political consultants and those working in lobbying or public relations. It would be a felony if RT is found to have willfully failed to register as a foreign agent, however.

From the States and Municipalities:

Colorado
Denver City Council Approves New Rules Requiring Reports of Dark-Money Spending in Elections
Denver Post – Jon Murray | Published: 9/11/2017

The Denver City Council approved a bill that will require the reporting of at least $1,000 in independent spending by individuals, companies, or other organizations to support candidates or ballot issues. Those independent expenditures include any activity aiming to aid or hurt a candidate, including “electioneering communications” such as mailers, broadcast ads, or other advertising. The initial report to the Denver Elections Division, disclosing all expenses and donors above $25, will be required within two days after cumulative spending reaches $1,000.

Illinois
Weighing Third Term, Emanuel Relies on Campaign Donors Who Get City Hall Benefits
Chicago Tribune – Jeff Coen and Bill Ruthhart | Published: 9/8/2017

As Chicago Mayor Rahm Emanuel ramps up his campaign fundraising toward a possible third term, he continues to rely on donors who have received City Hall benefits, ranging from contracts and zoning approvals to appointments and personal endorsements from the mayor. With the mayoral election still a year and a half away, Emanuel has collected $3.1 million in high-dollar contributions. And more than $2.1 million of it, nearly 70 percent, has come from 83 donors who have benefited from actions at City Hall.

Massachusetts
Pro-Charter School Group Pays State’s Largest Campaign Finance Penalty
Boston Globe – Michael Levenson | Published: 9/11/2017

A group that backed last year’s charter school ballot question in Massachusetts paid $426,466 as part of a campaign finance settlement. The payment by Families for Excellent Schools-Advocacy is the largest civil forfeiture in the history of the Office of Campaign and Political Finance. Investigators say the organization violated the law by raising money from individuals and then contributing that money, more than $15 million, to the Great Schools Massachusetts Ballot Question Committee in a manner intended to disguise the source of the money. The group agreed with the IRS to dissolve itself, and Families for Excellent Schools, its umbrella group, agreed not to fundraise or engage in any election-related activity in Massachusetts for four years.

Minnesota
Scott County Attorney Declines Charges in Dai Thao Bribery-Solicitation Case
St. Paul Pioneer Press – Frederick Melo | Published: 9/12/2017

St. Paul City Councilperson Dai Thao will not face criminal charges over an allegation he attempted to solicit a bribe. The Scott County attorney’s office declined to prosecute the claims made against Thao and his former campaign manager, Angela Marlow. The allegations stemmed from a meeting between Thao, lobbyist Sarah Clarke, and some of Clarke’s clients. Clarke said that Thao told the group during the meeting that he needs “resources to spread his message.” She said it seemed clear he was asking for a bribe.

New Mexico
New Campaign Spending Rules to Take Effect
Albuquerque Journal – Dan Boyd | Published: 9/8/2017

Nonprofit advocacy organizations that spend unlimited amount of money to influence elections in New Mexico will have to disclose the names of contributors under rules adopted by state elections officials. The new requirements are set to go into effect on October 10, in time for 2018 primary and general elections, for so-called dark money groups that spend at least $2,500 on a statewide election or ballot measure. New Mexico Secretary of State Maggie Toulouse Oliver said vague and confusing rules are being cleaned up and the changes will “help shine a light on the dark money that has been plaguing our state’s campaigns.”

New York
Firm Uses Loophole to Secretly Donate $60G to de Blasio Campaign, Lobbying Records Show
New York Daily News – James Fanelli | Published: 9/9/2017

Constantinople & Vallone has a reputation as a powerful lobbying firm that gets its clients access to New York City Hall, but what is not so well known is it has helped steer $60,900 in campaign donations to Mayor Bill de Blasio. A loophole in the city’s campaign finance law has allowed the firm to stay under the radar as a fundraiser for the mayor. The only way to know Constantinople & Vallone has raised so much money for de Blasio is through obscure filings with the city clerk’s lobbying bureau.

Oregon
Legislators Consolidate Power, Cash, in Partially Invisible Cycle of Giving to Each Other
Salem Statesman-Journal – Cooper Green | Published: 9/9/2017

If a candidate passes contributions to another candidate, or to a re-election fund for fellow party members, the public can no longer see the money’s original donor. These transactions are known as pass-throughs. Transactions between Oregon legislators, or between lawmakers and re-election funds, are commonplace and have been for decades. An analysis shows legislative officeholders and candidates have utilized this system of pass-throughs more than 2,800 times in the last three election cycles alone, transferring $18.7 million dollars between themselves. Based on the total amount contributed to legislators during that time, this means more than a quarter of all money involved in legislative campaigns has seen more than one lawmaker as it moves through the system.

Pennsylvania
Elect Them, Then Lobby Them: Two firms blur the worlds of policy and politics in Harrisburg
Philadelphia Inquirer – Angela Couloumbis and Liz Navratil | Published: 9/11/2017

For years, lobbying in Pennsylvania was a secretive business, and more recently attracted scrutiny from federal investigators. A decade-old law strengthened registration and reporting requirements for lobbyists and their clients, but the state still lags behind others in transparency and accountability, according to the National Conference of State Legislatures. Among Harrisburg’s high-powered partnerships, only two have well-established campaign arms that, for the last decade, have dominated the market on both electing and lobbying Republicans who drive public policy.

Tennessee
Lobbyists Courted Lawmakers with Free Food, Baseball Tickets at Conferences
The Tennessean – Joel Ebert | Published: 9/11/2017

Under state law, Tennessee lawmakers can accept gifts like dinner and sports tickets at out-of-state conferences, provided they are related to the conference itself. Lobbyists can even pay for events labeled “state night” for lawmakers. And little disclosure is required, unlike the rules in place for how lobbyists interact with lawmakers at the Capitol. The practice at out-of-state conferences is increasingly widespread, including at conferences this year in Boston and Denver, according to interviews with lobbyists, lawmakers, and legislative staff.

Virginia
Virginia Lawmakers Attend Fewest Lobbyist-Paid Entertainment Events Since McDonnell Case
The Virginian-Pilot – Will Houp | Published: 9/7/2017

Virginia lawmakers continue to shrink away from meals, galas, and other entertainment occasions paid for by lobbyists as they attended less than half such events in 2016 and 2017 as they did three years ago. Data from the Virginia Conflict of Interest and Ethics Advisory Council shows a stark difference in what delegates and senators felt comfortable accepting before and after the corruption charges against former Gov. Bob McDonnell. At the same time, several law changes related to lobbyist entertainment have muddied the water in terms of comparing year to year.

Washington
Seattle Mayor Ed Murray Resigns After Fifth Child Sex-Abuse Allegation
Seattle Times – Jim Brunner, Daniel Beekman, and Lewis Kamb | Published: 9/12/2017

Seattle Mayor Ed Murray, beset over the past five months by sex abuse allegations, resigned his office. His announcement came after The Seattle Times reported that a fifth man, one of his cousins, had accused Murray of molesting him decades ago. Though he has denied all the accusations against him, Murray had already decided not to seek re-election. City Council President Bruce Harrell will temporarily serve as mayor and will decide within five days whether to take on the role of acting mayor past the November 7 election. If he demurs, the council will pick another of its members to serve until the election results are certified.

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.

A change of a note regarding an Office of Government Ethics (OGE) guidance document from 1993 may open the door to allowing anonymous contributions, including from prohibited sources such as lobbyists, to government employees’ legal defense funds. In 1993, the OGE issued an opinion letter holding a fund established for the benefit of a government employee to pay the employee’s legal expenses, while administered by a person having no connection with the employee’s official duties, could accept anonymous contributions. The OGE guidance letter is not legally binding.

Walter Shaub, then director of the OGE, instructed his staff in May of this year to add a one-sentence note to the top of the document signaling the OGE’s long standing internal practice had diverged from the formal guidance, according to Politico. The note read in all caps and a red font, “NOTE: SOME STATEMENTS IN THIS OPINION ARE NOT CONSISTENT WITH CURRENT OGE INTERPRETATION AND PRACTICE.”

Subsequently, after Shaub left the OGE, the document’s note was changed to read, again in all caps and a red font, “NOTE: THE PRIMARY FINDING ABOUT THE LIMITED APPLICABILITY OF 18 U.S.C. §209 TO PAYMENTS MADE FOR AN EMPLOYEE’S LEGAL EXPENSES HAS NOT CHANGED. HOWEVER, BECAUSE EACH ANALYSIS IS VERY FACT-SPECIFIC, AGENCY ETHICS OFFICIALS SHOULD CONSULT WITH THEIR OGE DESK OFFICER BEFORE ADVISING EMPLOYEES ON THIS TOPIC.”

Critics of the note change say this opens the door up to lobbyists and other prohibited sources funding legal defenses for employees currently working in the White House. Richard Lucas, once counsel for a Clinton legal defense fund, told Politico, “Not knowing the source is a recipe for disaster.”

The New York Joint Commission on Public Ethics (JCOPE) issued a call to concerned individuals for comments regarding the Notice of Proposed Rulemakings for Comprehensive Lobbying regulations and Source of Funding Disclosure Regulations.

The comprehensive regulations expand the definition of lobbying to include indirect lobbying, like setting up a meeting between a legislator and a lobbyist. According to JCOPE, the purpose of the proposed regulations is to fully incorporate existing guidelines and decades of advisory opinions.

The hearing will be held on Monday, October 30, 2017 in Hearing Room A of the Legislative Office Building. All public comments must be submitted by 5 p.m. on October 6, 2017, to Carol Quinn, Deputy Director of Lobbying Disclosure, at carol.quinn@jcope.ny.gov.

Additional details are available on the JCOPE website.