Campaign Finance

“House Democrats Face Ethics Complaints for Fundraising Off Sit-In” by Paul Singer for USA Today

“Soft Money Ban Should Be Scrapped, Skeptical Judges Urged” by Kenneth Doyle for Bloomberg BNA

“Bernie Sanders Campaign Showed How to Turn Viral Moments into Money” by Nick Corasaniti for New York Times

Delaware: “Supreme Court Rejects Challenge to Delaware Election Law” by Jessica Masulli Reyes for Wilmington News Journal

Mississippi: “Hosemann to Start Searchable Campaign Finance System” by Geoff Pender for Jackson Clarion-Ledger

Ethics

Kentucky: “Bevin Asserts Control of All Ethics Board Appointments” by Jack Brammer for Lexington Herald-Leader

New Mexico: “Judge: Legislators must testify in Griego case” by Dan Boyd for Albuquerque Journal

North Carolina: “Sen. Fletcher Hartsell Indicted by a Wake County Grand Jury” by Anne Blythe and Lynn Bonner for Raleigh News & Observer

Wisconsin: “New Ethics Commission Names 3 Finalists for Administrator Position” by Matthew DeFour for Wisconsin State Journal

Elections

“As Activists Prepare to Protest the RNC, the FBI Comes Knocking” by Matt Pearce for Los Angeles Times

Gov. Jerry Brown has announced his support of sweeping reforms to the California Public Utilities Commission (PUC). The overhaul comes as the PUC faces accusations of back-channel dealings and calls for change to create more transparency and independence from utility companies. The reform package will require people lobbying the PUC to register as lobbyists and ban former utility executives from serving on the PUC for two years post-employment.

Photo of the Edmund G. Brown State Office Building by Coolcaesar on Wikimedia Commons.

Lobbying

California: “Sweeping Public Utilities Commission Changes Announced” by Jeremy White for Sacramento Bee

Campaign Finance

“Report: It’s harder to know who’s paying for political ads” by Geoff Mulvihill (Associated Press) for Las Vegas Sun

Kentucky: “Ethics Commission OKs Crowdfunding for Legislative Campaigns” by Ryland Barton for WFPL

Massachusetts: “State’s Chief Campaign Official Seeks Heftier Fines for PACs” by Matt Stout for Boston Herald

Ethics

Connecticut: “Cigna-Anthem Merger: Gov. Malloy’s Insurance Regulator Told Ethics Officials She Was Not Involved in Cigna Issues, even as Her Agency Was” by David Sirota for International Business Times

Florida: “Opa-locka’s Ethics Switcheroo Draws Laughs amid FBI Corruption Probe” by Jay Weaver for Miami Herald

South Carolina: “Gov. Nikki Haley Signs Ethics Reform into Law, Endorses Sen. Larry Martin” by Maya Prabhu for Charleston Post & Courier

Virginia: “Supreme Court Vacates Ex-Virginia Governor’s Graft Conviction” by Adam Liptak for New York Times

Elections

“Donald Trump and R.N.C. Crack Down on Rebelling Delegates” by Jeremy Peters for New York Times

Redistricting

North Carolina: “Supreme Court to Review NC’s Use of Race in Redistricting” by Jonathan Drew (Associated Press) for ABC News

Lobbying

Rhode Island: “Raimondo Signs Bills on Lobbying, Insurance for Off-Label Drug Use, Teaching of Holocaust” by Jennifer Bogdan for Providence Journal

Campaign Finance

“RNC Fundraisers Hedge on Trump” by Kenneth Vogel and Alex Isenstadt for Politico

Massachusetts: “House Passes Campaign Finance Changes Aimed at Transparency, Special Elections” by Shira Schoenberg for MassLive.com

Ethics

“Justices Disclose Privately Paid Trips and Gifts” by Adam Liptak for New York Times

Arizona: “How Nearly $1 Million Disappeared from Surprise Coffers” by Jessica Boehm for Arizona Republic

California: “Orange County Finally Has an Ethics Commission – Now What?” by Jordan Graham for Orange County Register

Florida: “Audit Finds City Improperly Paid Lobbying Firm More Than $317,000” by Christopher Hong for Florida Times Union

Elections

“Who Does Donald Trump Listen to? Other Trumps.” by Mary Jordan and Jose DelReal for Washington Post

“Will Trump Swallow the GOP Whole?” by Mark Leibovich for New York Times

National:

Courts, Judges Become Top Political Targets in 2016 Elections
Kansas City Star – Dave Helling | Published: 6/17/2016

Experts say that while complaints about legal rulings are as old as the republic, politicians have started turning virtually every race into a referendum on the courts, threatening public confidence in an independent, apolitical judiciary. Not everyone is equally concerned. In a polarized, dysfunctional political climate, some say, making judges more accountable to voters and taxpayers is healthy and inevitable.

The Kochs’ Powerful Operation Isn’t Aimed at Helping Trump – But It Might Anyway
Washington Post – Matea Gold | Published: 6/20/2016

Americans for Prosperity (AFP) launched ground operations on behalf of Republican incumbents in Pennsylvania, Ohio and Wisconsin, the earliest the Koch brothers-affiliated group has ever begun making explicit political appeals in the field. But AFP and other groups in the brothers’ political network are mute when it comes to Donald Trump. It is an odd situation for the powerful conservative operation, which was expected to harness its sprawling machinery on behalf of this year’s Republican nominee. But Trump’s incendiary rhetoric and inconsistent policy stances have dismayed Charles Koch, the billionaire industrialist who leads the network. Koch-backed groups are now training their resources on boosting vulnerable GOP Senate candidates.

Federal:

Democrats End Sit-In on House Floor While Promising to Continue to Press for Gun Votes
Washington Post – Karoun Demirjian, Kelsey Snell, and Ed O’Keefe | Published: 6/23/2016

U.S. House Democrats ended their sit-in protest after occupying the chamber’s floor for more than 25 hours, vowing to take the push for new gun curbs to their congressional districts. Even after Republicans had departed for a week-long recess, roughly a dozen Democrats held the floor, with more trickling in, after a night of loud confrontations with the chamber’s GOP leaders. The Democrats had demanded votes on legislation to expand background checks to all commercial sales and to prevent suspected terrorists from being able to buy guns. Republicans dismissed Democrats’ demands, saying they would not reward the minority party for trampling over the chamber’s rules.

Donald Trump Starts Summer Push with Crippling Money Deficit
New York Times – Nicholas Confesore and Rachel Storey | Published: 6/20/2016

Donald Trump enters the general election campaign laboring under the worst financial and organizational disadvantage of any major party nominee in recent history, placing both his candidacy and his party in political peril. Trump loaned his campaign $2.2 million in May and collected $3.1 million in donations, ending the month with less than $1.3 million in bank, a figure more typical for a campaign for the U.S. House than the White House. Hillary Clinton raised more than $28 million in May and started June with $42 million in cash. Trump has a staff of around 70 people, compared with nearly 700 for Clinton, suggesting only the barest effort toward preparing to contest swing states this fall. And he fired his campaign manager after concerns among allies and donors about his ability to run a competitive race.

Fattah Convicted of Federal Corruption Charges
Philadelphia Inquirer – Jeremy Roebuck | Published: 6/21/2016

U.S. Rep. Chaka Fattah was found guilty of all charges in a federal corruption trial. He and several associates had been charged with 29 counts related to bribery, money laundering, fraud, and racketeering. Fattah borrowed $1 million from a donor during his unsuccessful campaign for Philadelphia mayor and later repaid part of the loan by using funds from charitable and federal grants received by his nonprofit. Prosecutors said he also used funds from his mayoral and congressional campaigns to help pay off his son’s student loan debt. In addition, the indictment said Fattah accepted bribes while trying to secure an ambassadorship or appointment to the U.S. Trade Commission for former Philadelphia Deputy Mayor Herbert Vederman.

The Next ‘Citizens United’ Is Coming
Center for Public Integrity – Carrie Levine | Published: 6/22/2016

James Bopp, who successfully argued the Citizens United case before the U.S. Supreme Court, is now the lead lawyer in the most prominent of a series of lawsuits attempting to further rescind campaign contribution limits. The case brought by the Louisiana Republican Party addresses restrictions on how state and local political parties use soft money to influence federal elections. Bopp’s clients argue if independent outside groups such as super PACs are permitted to raise and spend unlimited amounts of such money, there is no reason why state political parties, acting independently of federal candidates, should be treated differently. Bopp says he will not rest until there are as few election rules as possible since he believes too many rules lead to more opportunities to game the system.

From the States and Municipalities:

California – California Political Watchdog Targets ‘Shadow Lobbyists’
Sacramento Bee – Taryn Luna | Published: 6/21/2016

The California Fair Political Practices Commission (FPPC) is considering a regulatory change to draw “shadow lobbyists,” consultants paid to influence legislation, into the public eye. Loopholes in the law can allow consultants to act as lobbyists without officially registering with the secretary of state’s office, disclosing their clients, or their attempts to sway lawmakers. The FPPC hopes the change increases the incentive for consultants and others working in and around the state’s lobbying industry to keep better records of their activities, while giving the agency more freedom to press cases against shadow lobbyists. The commission is expected to vote on the change at its regularly scheduled hearing on July 21.

Colorado – Colorado Supreme Court to Hear Case Challenging State Ethics Commission’s Role
Denver Post – Joey Bunch | Published: 6/21/2016

The Colorado Supreme Court agreed to hear issues in a case involving then-Secretary of State Scott Gessler, marking the first time the justices have looked at how the Independent Ethics Commission operates since it was created in 2006. The ethics panel found Gessler violated the public trust when he used money from his office discretionary fund to attend a GOP lawyer’s event in Florida. He extended the trip to attend the Republican National Convention (RNC). Gessler paid for his lodging and meals at the RNC with campaign funds. The Supreme Court will look at whether the commission exceeded its jurisdiction to ban gifts of more than $53 a year to public officials and bar them from becoming lobbyists for two years after leaving office.

District of Columbia – Close Council Vote Rejects Campaign Contribution Reform
DCist.com – Rachel Kurzius | Published: 6/21/2016

The District of Columbia Council struck down a proposal to ban campaign contributions from city contractors. Council Chairperson Phil Mendelson had included a provision in a bill to reform the city’s procurement process that would have banned donations from people or businesses that have or are seeking city contracts. He argued that doing so would improve the public perception of the city’s elected officials. But Councilperson Vincent Orange introduced an amendment to strike that language, saying it would lead to “dark money” flooding into city campaigns.

Florida –  Florida Lawmaker Wants to Give Away an AR-15
New York Times – Mike McPhate | Published: 6/21/2016

Florida Sen. Greg Evers, a Republican who is running for Congress, said he would hold a drawing whose prize would be an AR-15, a gun similar to the one used by Omar Mateen to kill 49 people at a gay nightclub in Orlando on June 12. Evers said he was considering the giveaway since before the mass shooting, intending to burnish his pro-gun credentials in Florida’s conservative western Panhandle, where he is running to fill the seat being vacated by U.S. Rep. Jeff Miller. But the timing of the announcement, even as funerals for the shooting victims continued, led many commenters on Evers’s campaign site and his Twitter account to express disgust.

Maryland – Here Are the Top Lobbyists in Maryland for the 2016 Legislative Session
Washington Post – Ovetta Wiggins | Published: 6/22/2016

The return of divided government to Maryland has brought about much change in Annapolis. But one thing that has remained the same since the election of Republican Gov. Larry Hogan is Gerard Evans’ upper hand in state lobbying. Evans, a longtime fixture in Annapolis, was the top earner among Maryland lobbyists during the recent legislative session. He reported billing his clients nearly $2 million between November and April, which is about $168,000 more than last year, when he was also the top earner. Bruce Bereano came in second both last year and this year, with reported billings of $1.4 million.

New York – 3 New York Police Commanders Are Arrested on Corruption Charges
New York Times – William Rashbaum and Joseph Goldstein | Published: 6/20/2016

Three New York City police commanders and a business consultant were arrested as part of a wide-ranging federal corruption probe that has also been examining Mayor Bill de Blasio’s campaign fundraising. The latest arrests mark an escalation of an investigation that has led to discipline for nearly a dozen police officers and forced de Blasio to answer questions about whether he engaged in inappropriate fundraising. A criminal complaint accused businessperson Jeremy Reichberg of plying Deputy Chief Michael Harrington, Deputy Inspector James Grant, and others with gifts including prostitutes, sports tickets and expensive trips. As a result, Reichberg was able to secure official favors. De Blasio has said he and his administration have acted legally in all respects. He has not been accused of wrongdoing, and the charges thus far are unrelated to his fundraising efforts.

New York – New York Lawmakers Leave Albany Without Big Ethics Reforms
Albany Times Union – David Klepper (Associated Press) | Published: 6/18/2016

New York Gov. Andrew Cuomo and legislative leaders agreed to an ethics package that aims to strip pensions from public officers convicted of a felony and add disclosure requirements for political consultants who advise elected officials. The session started in January with some bold proposals to fix the state’s porous campaign finance laws, beef up ethics enforcement, and put limits on the pay lawmakers can make from side jobs. But none passed during the six-month session. For good-government groups and officials long bewildered by Albany’s inaction, the resolution was as disappointing as it was unsurprising.

Oregon – Portland Auditor Says Revolving-Door Lobbying Rules ‘All but Unenforceable’
Portland Oregonian – Brad Schmidt | Published: 6/22/2016

A proposed ordinance in Portland would ban elected officials from lobbying the city and bureau directors from lobbying their agencies for two years after they leave office. It would impose a one-year lobbying ban on other city employees. The ordinance is a compromise. City commissioners expressed reservations about a more restrictive version of the bill that was introduced in April. City Auditor Mary Hull Caballero also wants to raise the fine for violating the city’s lobbying rules to $3,000. The new rules would require any group that spends more than $1,000 lobbying in a quarter to disclose a detailed list of each contact with city officials. Right now, that level of transparency is required only for groups that spend at least eight hours lobbying in a quarter, a provision that would continue.

Wisconsin – As the Government Accountability Board Ends, What’s the Future for Wisconsin Campaign Finance Regulation?
Capital Times – Katelyn Ferral | Published: 6/19/2016

Wisconsin’s Government Accountability Board, born in bipartisanship from a legislative scandal in 2001, was the only nonpartisan model of its kind in the country with six former judges appointed by the governor and confirmed by the Senate. It was armed with a budget unfettered by Legislative oversight to investigate campaign finance, ethics, and lobbying complaints. Its dissolution, which came with a rewrite of the state’s campaign finance rules, is a necessary reform to some but step backwards for others who question whether violations of campaign finance law will be aggressively policed.

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.

Lobbying

California: “California Political Watchdog Targets ‘Shadow Lobbyists’” by Taryn Luna for Sacramento Bee

Maryland: “Here Are the Top Lobbyists in Maryland for the 2016 Legislative Session” by Ovetta Wiggins for Washington Post

Oregon: “Post Uber, Portland Leaders Look to Strengthen Lobbying Rules” by Amelia Templeton for Oregon Public Radio

Campaign Finance

“The Next ‘Citizens United’ Is Coming” by Carrie Levine for Center for Public Integrity

District of Columbia: “Close Council Vote Rejects Campaign Contribution Reform” by Rachel Kurzius for DCist.com

Ethics

Colorado: “Colorado Supreme Court to Hear Case Challenging State Ethics Commission’s Role” by Joey Bunch for Denver Post

Elections

“Will Dominant Images of Conventions Be of Unity or Protest?” by Trip Gabriel for New York Times

Florida: “Marco Rubio Will Seek Senate Reelection, Reversing Pledge Not to Run” by Mike DeBonis, Ed O’Keefe, and Sean Sullivan for Washington Post

Florida: “Florida Lawmaker Wants to Give Away an AR-15” by Mike McPhate for New York Times

Legislative Issues

“House Democrats’ Gun-Control Sit-In Turns into Chaotic Showdown with Republicans” by David Herszenhorn and Emmarie Huetteman for New York Times

Today the Portland City Council is scheduled to reconsider adopting new ethics reform measures to broaden the revolving door prohibition to two years and increase the penalties associated with repeated ethics violations.

The proposal would also close a loophole in registration requirements, requiring lobbying entities that spend more than $1,000 a quarter on lobbying activities to register.

The proposed ordinance is a compromise that is less restrictive than a similar ordinance that was introduced in April 2016.

Campaign Finance

“Donald Trump Starts Summer Push with Crippling Money Deficit” by Nicholas Confessore and Rachel Shorey for New York Times

Ethics

Pennsylvania: “Fattah Convicted of Federal Corruption Charges” by Jeremy Roebuck for Philadelphia Inquirer

Ohio: “Ethical Conflicts, Nepotism Mar Charity” by Dan Horn and Sharon Coolidge for Cincinnati Enquirer

Oklahoma: “Former State Senate Leader Mike Morgan Resentenced” by Nolan Clay for The Oklahoman

Elections

“The Kochs’ Powerful Operation Isn’t Aimed at Helping Trump – But It Might Anyway” by Matea Gold for Washington Post

“What Do This Season’s Political Books Tell Us About the Election?” by Sam Tanenhaus for New York Times

“Trump’s Performance Raises Hard Question: Who’d want to be his VP?” by Eli Stokols and Burgess Everett for Politico

North Carolina: “Appeals Court Considers North Carolina’s Controversial Voting Rules” by Ann Marimow for Washington Post

In an end-of-session bipartisan push, the Legislature and governor have come to agreement on ethics reform measures.

Their five-point plan includes the following:

• With more disclosure measures in place, super PACs are now able to give and receive unlimited contributions if they do not coordinate with a candidate;
• Public officers convicted of corruption may face revocation or reduction of their pensions;
• First-time political consultants will be required to disclose when they simultaneously represent political officeholders and private sector clients with government business;
• The reporting thresholds for organizations who lobby on their own behalf has been lowered from $50,000 to $15,000 while individual limits have been lowered from $5,000 to $2,500;
• Contributions over $2,500 to organizations engaged in lobbying must now also be reported to JCOPE; and
• 501(c)(4) organizations will now be required to disclose funding if they engage in political activity and receive any financial support and in-kind donations from 501(c)(3) organizations.

Other new features from the plan include imposition of fines up to $10,000 or the amount of promised contingency fees for anyone violating the state’s prohibition on contingency fee lobbying, a delineation excluding all communication with journalists from the definition of lobbying, and more due process rights for individuals being investigated by the Joint Commission of Public Ethics (JCOPE), including the right to a hearing.

Lobbying

Oklahoma: “Legislators, State Officials Accept More Gifts from Interest Groups” by Trevor Brown for Oklahoma Watch

Campaign Finance

“Wall Street Donors Seek to Block Warren VP Pick” by Ben White for Politico

Montana: “Judge Rules Wittich Can Remain in Office after Taking Illegal Campaign Contributions” by Matt Volz (Associated Press) for Bozeman Daily Chronicle

Wisconsin: “As the Government Accountability Board Ends, What’s the Future for Wisconsin Campaign Finance Regulation?” by Katelyn Ferral for Capital Times

Ethics

Connecticut: “Attorney Gets Reprimand for Drafting Rowland Consulting Contract” by Michelle Tuccitto Sullo for Connecticut Law Tribune

New York: “New York Lawmakers Leave Albany Without Big Ethics Reforms” by David Klepper (Associated Press) for Albany Times Union

New York: “3 New York Police Department Commanders Are Arrested on Corruption Charges” by William Rashbaum and Joseph Goldstein for New York Times

Elections

“Courts, Judges Become Top Political Targets in 2016 Elections” by Dave Helling for Kansas City Star

“Donald Trump Fires Embattled Campaign Manager Corey Lewandowski” by Philip Rucker, Jose DelReal, and Sean Sullivan for Washington Post

Ohio: “John Kasich Vetoes Republican-Backed Voting Bill” by Darrel Rowland for Columbus Dispatch

The Assembly adjourned early on Saturday, June 18, two days later than scheduled.

In light of corruption convictions for former Speaker Sheldon Silver and Senate Majority Leader Dean Skelos, ethics reform was a primary focus of this term. The Legislature came to agreement on a five-point reform plan, including Assembly Bill 10739, which allows courts to reduce or revoke pensions for lawmakers convicted of felony-level corruption charges related to their responsibilities as public officials.

The bill is a constitutional amendment, so lawmakers will have to hold another vote at the beginning of the next regular session before voters will decide whether or not to accept the measure.

The Cuyahoga County Council recently updated the county’s code of ethics to clarify the ethical rights, responsibilities, and prohibitions applicable to elected officials, employees, board members, contractors, and lobbyists.

New provisions include, but are not limited to, a new lobbyist registration threshold, a new lobbyist reporting requirement, updated gift rules with a presumption of influence standard, and a lower monetary contract threshold for contractor registration and ethics training.

A summary of the changes to the ethics laws and a copy of the ordinance are available for review on the county inspector general’s website. The ordinance became effective May 27.

Lobbying

New York: “Lawyer Tapped as Board of Elections Commissioner Refuses to Give Up Lobbying, Raising Conflict of Interest Concerns” by Erin Durkin for New York Daily News

Ethics

“Trump, Clinton Money Awash in Conflicts of Interest” by Katy O’Donnell for Politico

“Lawmakers Turned Over Gifts After Secretly Funded Trip to Azerbaijan” by Megan Wilson for The Hill

Alabama: “Impeachment Investigation of Alabama Governor Begins” by Associated Press for WTVC

Connecticut: “Ethics Panel to Rule If Wade Has Conflict in Anthem-Cigna Merger” by Mark Pazniokas for Connecticut Mirror

Rhode Island: “RI General Assembly Passes Ethics Reform Sponsored by Speaker, Senate President” by Christian Winthrop for Newport Buzz

South Carolina: “SC Supreme Court Hears Wilson-Pascoe Case” by Tim Smith for Greenville News

Elections

“Dozens of GOP Delegates Launch New Push to Halt Donald Trump” by Ed O’Keefe for Washington Post

The Legislature was scheduled to adjourn Thursday, but will instead return Friday in an effort to reach final agreement on a few key bills.

Assembly Bill 10739 has been sent to the Senate for review. If it is successful there, the bill would allow courts to revoke or reduce lawmakers’ pensions and retirement rights if they are convicted of felony-level corruption offenses.

Although a slew of other ethics reform bills was introduced during this session, no others are currently expected to pass.