Campaign Finance

Kentucky: “Kentucky Officials Seek Changes in Campaign-Finance Laws” by Adam Beam (Associated Press) for Huntington Herald-Dispatch

Montana: “How Big Sky Country Became the Front Line in a Long Battle Over Dark Money” by Christa Case Bryant for Yahoo!News

New Jersey: “Baraka, Ex-Campaign Treasurer Still Face Campaign Finance Accusations” by Rebecca Panico for TAPinto.net

Elections

National: “‘Staying on the Sidelines Is No Longer an Option’: How Silicon Valley is trying to help Democrats capture Congress in 2018” by Tony Romm for Washington Post

Ethics

Florida: “Former City Manager Rick Fernandez Agrees to Settlement with Ethics Commission” by Jeff Burlew for Tallahassee Democrat

Legislative Issues

Wisconsin: “Last-Minute Surprises and Secretive Moves Hide Wisconsin Lawmakers’ Actions from Public View” by CV Vitolo-Haddad and Dee Hall (Wisconsin Center For Investigative Journalism) for Wisconsin Public Radio

Lobbying

Arizona: “Arizona Commissioner Andy Tobin Texted APS Lobbyists Frequently, Including About Open Rate Case” by David Pomerantz for Energy Policy Institute

Redistricting

Michigan: “Volunteer Movement Helped Carry Redistricting Proposal to the Ballot” by Lauren Gibbons for MLive.com

Elections

“The Legislature Made Unconstitutional Changes to the NC Elections Board, Judges Rule” by Will Doran for Raleigh News And Observer

Ethics

“FBI Official Accepted Free Tickets to Sporting Event from Reporter, Inspector General Says” by Matt Zapotosky and Devlin Barrett for Washington Post

“HUD Appointee Abruptly Moved to Lead Interior Dept.’s Watchdog Unit Amid Zinke Probe” by Lisa Rein, Robert O’Harrow Jr., and Juliet Eilperin for Washington Post

“Alaska Lieutenant Governor Resigns Over Comments as Election Day Nears” by Becky Bohrer (Associated Press) for USA Today

“L.A. City Employee Is Fined More Than $16,000 for Dodging Parking Fees” by Emily Alpert Reyes for Los Angeles Times

“New York Attorney General Expands Inquiry into Net Neutrality Comments” by Nicholas Confessore (New York Times) for WRAL

“Energy Company Executive Draws 14-Month Sentence” by Casey Seiler for Albany Times Union

Legislative Issues

“W.Va. Senate Postpones Acting on Impeachment Trial Ruling” by Associated Press  for WTOP

Lobbying

“Law Dictates That Lobbyists Disclose Expenses” by Jessica Holdman for Bismarck Tribune

National:

Missing in the G.O.P.: Black and Hispanic Nominees for Governor
New York Times – Astead Herndon | Published: 10/3/2018

In the first midterm elections under Donald Trump, whose campaign and presidency included strong appeals to white voters, Republicans have no black or Hispanic nominees for governor in 2018, and few from other racial minorities, in the 36 states holding elections for the position. The overwhelming majority are white men. Democrats this year have nominated black, Hispanic, and Native American candidates for governor in Arizona, Florida, Georgia, Idaho, Maryland, and elsewhere. The Republican falloff is striking after past election seasons when party leaders attempted to identify and then rally behind minority candidates for governor in major states, like Ohio and Pennsylvania.

Federal:

Trump Engaged in Suspect Tax Schemes as He Reaped Riches from His Father
MSN – David Barstow, Susanne Craig, and Russ Buettner (New York Times) | Published: 10/2/2018

Donald Trump won the presidency proclaiming himself a self-made billionaire, and he has insisted his father provided almost no financial help. But an investigation reveals Trump received the equivalent today of at least $413 million from his father’s real estate empire, starting when he was a toddler and continuing to this day. Much of this money came to Trump because he helped his parents dodge taxes. He and his siblings set up a sham corporation to disguise millions of dollars in gifts from their parents. Records indicate Trump helped his father take improper tax deductions worth millions of dollars more. He also helped formulate a strategy to undervalue his parents’ real estate holdings by hundreds of millions of dollars on tax returns, reducing the tax bill when those properties were transferred to him and his siblings.

From the States and Municipalities:

Alabama: ‘Beach House Sheriff’ Used Pistol Permit Fees to Pay for TV Commercials During Campaign
AL.com – Connor Sheets | Published: 10/3/2018

Between October 31, 2017, and July, Etowah County Sheriff Todd Entrekin paid Venture Marketing Group more than $29,000 for work related to television ads. Venture created multiple commercials that only aired during the eight months prior to the June primary election. Even though the ads feature Entrekin speaking about the sheriff’s office and promoting programs he oversees as sheriff, his campaign committee did not pay Venture for the work. Entrekin instead paid the company out of an official sheriff’s office account he alone controls called the Sheriff’s Law Enforcement Fund. Nearly half of the money in the fund is generated by selling pistol permits.

Arizona: This Lawmaker Stands to Earn at Least $11M on His Own Charter Schools. His Votes Helped Lay the Groundwork.
Arizona Republic – Craig Harris | Published: 10/2/2018

Arizona House Speaker J.D. Mesnard and Rep. Eddie Farnsworth amended the state budget to exempt charter schools from procurement and conflict-of-interest laws, and from a requirement to disclose their entire annual spending plans on school websites. Farnsworth was not just a lawmaker interested in the details of the bill. He also runs a four-campus charter chain that because of the amendment would remain free of state oversight of its spending. Farnsworth’s involvement in the last-minute maneuver highlights how his roles as a state lawmaker and charter-school operator have for years mingled at the Capitol, almost always to the benefit of Farnsworth and the state’s other charter school operators.

California: Gov. Brown Signs Bill Requiring Lobbyists to Receive Sexual Harassment Prevention Training
San Francisco Chronicle – Bay City News Service | Published: 10/1/2018

California Gov. Jerry Brown signed a bill that requires lobbyists to receive sexual harassment prevention training.  Assembly Bill 2055 requires lobbyists’ ethics courses to include information on Assembly and Senate policies against harassment, including sexual harassment, in connection with lobbying activities. “We need to make sure that everyone who does business in the Capitol understands what we mean by our zero-tolerance policy. Mandated training is an effective method to get that message across,” Assemblyperson Marc Levine said.

California: New State Law Requires More Transparency from Social Media Political Ads
Voice of OC – Brandon Pho | Published: 10/3/2018

California Gov. Jerry Brown signed a social media disclosure bill into law. A separate bill had bolstered the requirements for disclosing the names of the top three funders of ballot measures and independent expenditures on television, radio, and print ads. Assembly Bill 2188 now extends those same requirements to online platforms. Social media platforms that sell ads directly to advertisers will be required to keep a database of any political ad disseminated on the platform by a committee that purchased $500 or more in ads within a year.

Florida:Lobbyists Paid to Pressure County Officials Skip Filing Required Disclosures, Audit Says
Fort Myers News-Press – Bill Smith | Published: 9/29/2018

An audit found nearly 60 percent of registered lobbyists in Lee County, Florida have missed the required filing of annual or quarterly statements on their activities. The county ordinance covers contact with county commissioners and employees at the director level and above to report contacts with anyone who is paid to “influence the passage, defeat, modification or repeal,” of any matter requiring a commission vote. It also includes non-secretarial employees in the purchasing division and contracts office. Companies that employee lobbyists are required to file an annual registration statement and quarterly statements about lobbying activities.

Kentucky: Ethics Bill Seeks to Close Reporting Loophole on Groups Paying for Legislators’ Travel
Insider Louisville – Joe Sonka | Published: 9/27/2018

An ethics bill pre-filed in Kentucky could close a reporting loophole that allowed groups, including partisan advocacy organizations, to prepay for the out-of-state travel and lodging expenses of state legislators. A recent investigation estimated that up to $100,000 was spent by outside groups on lawmakers’ approved travel outside of the state last year; that spending did not have to be reported to any state agency. While public funds spent on such travel and reimbursements from private groups must be reported, there is no requirement for legislators to disclose how much those organizations spend to send them to conferences and events, so long as such groups pay for the airfare, lodging, and meals in advance.

Mississippi: In Mississippi Senate Race, an African American Democrat Faces a Republican Using a Confederate Symbol
Washington Post – Cleve Wootson Jr. | Published: 9/30/2018

U.S. Senate candidate Mike Espy has tried to remind Mississippians how he has served them in the past, with three terms in the U.S. House who spent time as President Clinton’s agriculture secretary. But even his most ardent supporters worry that when many voters go to the polls in November, what Espy has done will matter much less than what he is: a black man running for one of the highest elected offices in a state with a Confederate emblem on its flag. One of his opponents is hearkening to another version of the past: Republican Chris McDaniel, a conservative fond of provocative statements whose yard signs feature the flag of the Confederate States of America.

New Jersey: Murphy Still Defends Hiring Ex-Official Jailed for Corruption (Even Though He Was Forced to Resign)
Newark Star Ledger – Brent Johnson (NJ Advance Media) | Published: 10/2/2018

Gov. Phil Murphy  continued to defend his administration’s decision to hire a former Passaic City Council member who served prison time for accepting bribes, even after the hiring was deemed unlawful and Marcellus Jackson was forced to resign. Murphy hired Jackson in July for a $70,000-a-year position as a special assistant in the state Department of Education’s Office of Civic and Social Engagement. Murphy said his administration conducted a legal review that cleared Jackson’s hiring. But Attorney General Gurbir Grewal said state law should have prevented the hire because former public officials convicted of corruption are disqualified from ever holding a public job again in New Jersey.

Pennsylvania: Alex Trebek Moderated a Gubernatorial Debate in Pennsylvania. It Didn’t Go Well.
Chicago Tribune – Antonia Noori Farzan (Washington Post) | Published: 10/2/2018

Pennsylvania Gov. Tom Wolf and his Republican challenger, Scott Wagner, met recently in their only debate prior to the November election with “Jeopardy” host Alex Trebek serving as moderator. While moderators typically ask questions and let the candidates talk, Trebek spoke at length – at times sharing his own policy opinions – during the 45-minute debate, frustrating viewers. At one point, Trebek joked that the only thing with a lower approval rating than the Pennsylvania Legislature was the Catholic Church. Polite laughter from the audience turned to boos. On Twitter, the consensus was that Trebek should stick to his day job.

Tennessee: In Tennessee Senate Race, Financial Missteps Linger in the Background
New York Times – Danny Hakim | Published: 10/3/2018

U.S. Rep. Marsha Blackburn, the Republican candidate for an open Senate seat in Tennessee, has faced questions about her spending practices. In her years as a member of Congress, she has paid out more than $370,000 from her campaign funds to her daughter and son-in-law or firms they control. Her campaigns have received 54 requests for additional information from the FEC since 2002, and in a 2008 audit, the campaign admitted receiving nearly $400,000 in unreported contributions and expenditures. Her opponent, Phil Bredesen, has had his own financial misstep. A longtime booster of the solar industry as governor, he started a solar company with two of his aides during his last year in office. After he left office, the business went on to reap some of the tax breaks the Bredesen administration had put in place.

Vermont: Governor’s Business Ties Violate State Ethics Code, Commission Finds
VTDigger.org – Mark Johnson | Published: 10/2/2018

Vermont Gov. Phil Scott violated the ethics code by maintaining an ongoing financial relationship with a company doing business with the state, according to the Vermont State Ethics Commission. Under political pressure, Scott sold his interest in Dubois Construction back to the company after he took office in 2017. Scott received no cash at the time of the transaction and is still owed $2.5 million by the company. The commission said the conflict arose when Dubois won a two-year contract for $250,000 in 2017, which the panel said “provides significant income to the company, and directly assists the company in meeting its financial obligation to the public official.”

Washington: Washington Court Upholds Fine Against Anti-GMO Group
Capital Press – Don Jenkins | Published: 10/3/2018

An appeals court affirmed that Food Democracy Now must pay a $319,281 fine for not reporting the names of more than 7,000 donors who supported a food labeling initiative in 2013. The court rejected the group’s argument that it should not have been convicted because it did not intentionally hide the donations. Judge Rich Melnick said the law does not make an exception for unintentionally concealing the source of campaign contributions. The fine stemmed from Initiative 522, which would have required food and beverage makers to label products with genetically modified ingredients.

National:

For Women on the 2018 Campaign Trail, ‘Sexism’ Is No Longer a Forbidden Word
Connecticut Post – Avi Selk (Washington Post) | Published: 9/21/2018

Several women in high-profile national races this year have broken from decades-old conventional wisdom that cautioned female candidates against complaining of sexism, lest they be painted as weak or angry or to being accused of playing what Donald Trump called “the woman card” during his presidential campaign. Celinda Lake, a Democratic pollster, conducted a survey in 2012 that found fears of a backlash against speaking up were unfounded. But not until this cycle – after Trump’s win and the subsequent #MeToo movement to out powerful men accused of sexual assault – has she seen female candidates do so in numbers.

Federal:

‘Can You Do This?’: Russia probe conflicts rampant among Rosenstein replacements
Politico – Darren Samuelsohn and Josh Gerstein | Published: 9/27/2018

President Trump may think he is getting rid of a problem if he pushes Deputy Attorney General Rod Rosenstein out of the Justice Department. But cleaning house will hardly end the president’s headaches from special counsel Robert Mueller’s investigation into Russian election meddling and whether the Trump campaign coordinated with Moscow on its efforts. Several administration appointees in line for Rosenstein’s role overseeing Mueller’s probe come with their own baggage, from direct involvement in the investigation to recent work at law firms with clients mired in the inquiry.

Obama White House Counsel Gregory Craig Under Scrutiny by Prosecutors in Offshoot of Mueller Probe
Washington Post – Tom Hamburger | Published: 9/23/2018

Federal prosecutors have stepped up their investigation of prominent Washington, D.C. attorney Gregory Craig for work he conducted at his former law firm on behalf of the Ukrainian government in 2012, an effort coordinated by Paul Manafort. Craig’s case, and that of two Washington lobbyists who worked with Manafort on Ukrainian matters, were referred to federal prosecutors in New York, who appear to be focused on whether the three failed to register as foreign agents while working with Manafort’s Ukrainian clients. The investigation of Craig, along with lobbyists Vin Weber and Tony Podesta, has shaken K Street’s lobbying and legal community, which until recently had faced little scrutiny of its representation of foreign clients.

Political Nonprofits Seek Answers After Court Decision Targeting ‘Dark Money’
Washington Post – Michelle Ye Hee Lee | Published: 9/21/2018

Nonprofit advocacy groups historically have not been required to publicly disclose their donors, as political committees must. But a federal judge threw out a rule that allowed the groups to withhold donors’ identities, broadening the type of donors who would now be subject to disclosure. The U.S. Supreme Court declined to intervene in the case. The decision will no doubt shed more light on the contributors to politically active nonprofits, although exactly how much is uncertain as groups and federal officials take stock of the decision. In the absence of new regulation, nonprofit groups are left in a gray area, which could lead to new methods of avoiding disclosure and maintaining donor privacy.

From the States and Municipalities:

Alabama: Reform Panel to Vote on Changes to Alabama Ethics Law
AL.com – Mike Cason | Published: 9/20/2018

The Alabama Code of Ethics Clarification and Reform Commission will vote on proposals to amend the state ethics law at its next meeting in October, which will be sent to lawmakers. The Alabama Court of Criminal Appeals recommended the Legislature clarify the definition of a lobbying “principal” in its ruling upholding ethics convictions against former House Speaker Mike Hubbard. The court said it believed the law was applied correctly in Hubbard’s case but could envision other cases where the definition was problematic. The definition is important because the law places restrictions on principals like it does on lobbyists, such as prohibitions on giving money or gifts to public officials.

Florida: NRA Sway: For Florida officials, it’s always Hammer time
Tampa Bay Times – Steve Contorno | Published: 9/21/2018

Those who work in the Florida agency that oversees gun permits never know when National Rifle Association (NRA) lobbyist Marion Hammer will command their attention, or what about. Nights, weekends, and even holidays, she sends messages to senior department officials with complaints and demands. They often respond within minutes. Hammer’s singular power over Florida lawmakers, especially Republicans, is the stuff of Tallahassee legend. Yet according to a review of hundreds of Hammer’s emails with the state Department of Agriculture, her sphere of influence stretches far beyond gun legislation. Emails from 2014 to 2017 show the lobbyist involves herself in a wide array of day-to-day tasks of an agency that was accused five years ago in a lawsuit of being run by the NRA.

Illinois: Cook County OK to Restrict Campaign Cash from Lawyers, Others Seeking ‘Official Action,’ Appeals Court Says
Cook County Report – Jason Bilyk | Published: 9/25/2018

A state appellate court ruled Cook County has the power to make ethics rules that apply to county officers, finding the board of commissioners did not overstep in prohibiting real estate lawyers and others from contributing to the campaigns of county officials when they are seeking “official action” from the county.  While the county has for decades used its ethics ordinance to place limits on who can give money to county officials, and how much they can donate to their campaigns, the ordinance was amended in 2016 to extend restrictions which had been applied previously to lobbyists and contractors, now to reach “persons seeking official action from the county.”

Missouri: Clean Missouri Will Be on November Ballot After High Court Refuses to Hear Challenge
Kansas City Star – Alison Kite | Published: 9/24/2018

The Missouri Supreme Court will not reconsider a ruling allowing voters to decide on a ballot measure that would reform the state’s ethics laws. The decision reaffirms a state appeals court ruling letting the so-called Clean Missouri initiative appear on the November ballot as Constitutional Amendment 1. Opponents had claimed the initiative violates the state constitution by addressing too many topics. The measure would lower campaign contribution limits, eliminate nearly all lobbyist gifts, require a waiting period before lawmakers and their staffers can become lobbyists, and open legislative records. It also would turn the task of drawing legislative district maps over to a nonpartisan expert and reviewed by a citizen commission.

New York: Crystal Run Did Raise a Red Flag
WRAL – Chris Bragg (Albany Times Union) | Published: 9/25/2018

In a meeting with The Albany Times Union editorial board, New York Gov. Andrew Cuomo emphatically stated that Crystal Run Healthcare, had never warned his campaign of potential problems with its $400,000 in donations. Moreover, the governor said if the company had done so, Crystal Run would have effectively “admitted to a crime.” But in response to the newspaper’s questions about Cuomo’s statement, his campaign acknowledged what the governor said that day was not true: Crystal Run had indeed approached the campaign with concerns about its contributions. The FBI and the U.S. attorney’s office in Manhattan have been investigating whether 10 separate $25,000 checks from Crystal Run officials to Cuomo in October 2013 were reimbursed by the company through bonuses. If that occurred, it could violate state election law.

New York: Percoco Sentenced to Six Years for Corruption
Albany Times Union – Robert Gavin | Published: 9/20/2018

A judge sentenced Joseph Percoco, a former top aide to New York Gov. Andrew Cuomo, to six years in federal prison for accepting more than $320,000 in bribes from businesspeople looking to buy influence with state. The bulk of the bribes came in the form of a “low-show” job given to Percoco’s wife by an energy company that wanted to build a power plant in the Hudson Valley. While prosecutors did not accuse Cuomo of any wrongdoing, the trial cast a shadow over his administration, especially in light of early campaign promises when he was first elected to clean up Albany.

North Carolina: NC House Speaker Tim Moore’s Legal Contract with Start-Up Raises Questions
Raleigh News and Observer – Dan Kane | Published: 9/25/2018

A short time into Anne Whitaker’s tenure as chief executive officer of KNOW Bio, a pharmaceutical start-up, she learned of a legal services contract given to an attorney she had never heard of for services she felt were of questionable value for a company that was barely a year old. The lawyer was North Carolina House Speaker Tim Moore. When she learned the details of his contract and his work, which struck her as federal lobbying, Whitaker said she terminated it with the support of company board members. Whitaker said KNOW Bio’s co-founder, Neal Hunter, had given Moore the contract. What Whitaker said she did not know is that Moore, as the powerful Rules Committee chairperson, had earlier helped Hunter with a controversial development that was in danger of failing.

Oklahoma: Oklahoma Ethics Commission Hit with Federal Lawsuit Over Gift Rules
The Oklahoman – Nolan Clay | Published: 9/26/2018

The Institute for Justice is asking a federal judge to find Oklahoma’s gift-giving restrictions do not apply to informational materials. Over the last few years, the state Ethics Commission has imposed stricter rules on what lobbyists and the organizations they represent can give to lawmakers and other state officials. Under the current rules, the institute could give a book to a state government official in recognition of a special occasion like election to office if the book costs $100 or less. It also could give a state official a $10 book once a year. In light of those limitations, it is “effectively impossible” for the organization to distribute a copy of the book “Bottleneckers: Gaming the Government for Power and Private Profit,” which is valued at $15, to educate lawmakers, the institute’s attorneys said.

Oklahoma: Oklahoma Supreme Court Rejects Ethics Commission Request for More Money
The Oklahoman – Nolan Clay | Published: 9/25/2018

The Oklahoma Supreme Court rejected the state Ethics Commission’s request for more funding. The commission chairperson has accused legislators of cutting the agency’s appropriation because stricter rules had been imposed on their conduct. The commission asked the justices to take action to get it enough money to perform at least its basic duties. It complained lawmakers have underfunded it for years in violation of the Oklahoma Constitution. To avoid running out of money, the commission is now charging candidates, lobbyists, PACs, and others more to register.

Tennessee: Nashville Judge Rules Against State in Lawsuit Over ‘Blackout Period’ for PACs
The Tennessean – Joey Garrison | Published: 9/27/2018

Davidson County Chancellor Ellen Hobbs Lyle struck down a Tennessee law that prohibits nonpartisan PACs from giving campaign contributions within 10 days of an election. Under the law, only committees controlled by a political party have been able to donate to candidates 10 days out from an election. “Elected officials and political parties cannot lawfully censor disfavored political speakers while reserving special treatment in the political process for themselves,” said Daniel Horwitz, an attorney for Tennesseans for Sensible Election Laws. Deputy Attorney General Janet Kleinfelter said the state intends to appeal the decision.

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

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.

A redistricting proposal and ethics reform ballot initiative titled Clean Missouri expected to be on November’s ballot is now at risk of being withdrawn.

Cole County Circuit Judge Daniel Green ordered Sec. of State Jay Ashcroft to rescind the certification of the proposal because it violates the Missouri Constitution because a proposal can only cover one subject and can only amend one article of the Constitution, and the current ballot initiative breaks both of these rules.

Clean Missouri included a redistricting proposal and also proposed lowering campaign donation limits, abolishing a majority of gifts to lobbyists, and setting a two-year revolving door provision for legislators and their staffers before becoming lobbyists.

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.

The Colorado Secretary of State’s Office cleared and certified Initiative 173 for the November 6 general election ballot.

The ballot measure proposes amending the state constitution regarding campaign contribution limits.

If passed, candidates in a race may accept contributions from individuals that are five times the rate authorized in the state constitution if at least one candidate loans or contributes $1 million to his or her own campaign, to a committee to support or oppose any candidate in the same election, or to any committee to influence the candidate’s own election.

National:

Cities Take Aim at the Spiraling Costs of Local Elections
CityLab – Sarah Holder | Published: 9/4/2018

Several of the nation’s largest cities – including Portland, Denver, and Baltimore – are attempting to overhaul their campaign finance systems by reducing contribution limits or establishing public financing projects that make each donated dollar go further, or both. Candidates, especially those running for the first time against incumbents, are hopeful the measures will level the playing field. Jo Ann Hardesty, who is running for the Portland City Council this November, said the reforms would help her and others focus on running, not campaigning: “It will force me not to spend so much time on the phone trying to raise money, and it means that regular people can run and serve.”

Twitter Will Begin Labeling Political Ads About Issues Such as Immigration
Chicago Tribune – Tony Romm (Washington Post) | Published: 8/30/2018

Twitter announced it would begin labeling political advertisements as part of a new effort to increase transparency on its platform. The company said it will move to identify electioneering ads, which the FEC defines as ads promoting a specific candidate or a party within 30 days of a primary election and 60 days of a general election. Such labeling would include some kind of signifier, like a purple dot noting the tweet is prompted by a political account, according to a potential mockup the company included in a post announcing the changes.

Federal:

Company Using Foreign Workers Botches U.S. Senate Campaign Finance Records
Center for Public Integrity – Rosa Cima | Published: 9/5/2018

Unlike those running for the presidency and House, U.S. Senate candidates do not file campaign finance reports electronically. They file on paper, which must then be converted to electronic documents in a process that involves two government agencies, three private companies, and countless low-paid workers, many of them overseas, and some who may be hostile toward American interests. This document conversion process often spits out bogus, yet official public records that mislead the public and obscure who is funding Senate campaigns. An investigation found errors in more than 5,900 candidate disclosures representing over $70 million, all of them traceable to the U.S. government’s conversion of paper into electronic data.

Former Manafort Associate Reveals Illegal Foreign Payment to Trump’s Inauguration
Politico – Kyle Cheney and John Meyer | Published: 9/1/2018

W. Samuel Patten pleaded guilty to failing to register as a foreign agent for a Ukrainian political party. He also admitted to lying to the U.S. Senate intelligence committee during its investigation into Russian election interference and of participating in a scheme to circumvent the ban on foreign donations to President Trump’s inaugural committee by lining up a straw purchaser to pay $50,000 for tickets to the inauguration. This is the first time the Justice Department has publicly charged a person for helping a foreigner secretly funnel money into a Trump political event. The case was referred by special counsel Robert Mueller to the U.S. attorney in Washington, D.C. Patten’s plea agreement requires him to cooperate with the special counsel’s probe.

From the States and Municipalities:

Arkansas: Former Sen. Woods Sentenced to More Than 18 Years in Prison
talkbusiness.net – Jeff Della Rosa | Published: 9/5/2018

Former Arkansas Sen. Jon Woods was sentenced to more than 18 years in federal prison forhis involvement in a widespread kickback and bribery scheme. He also was ordered to pay $1.6 million in restitution. Woods was convicted in schemes involving Ecclesia College and AmeriWorks, a nonprofit company. He received kickbacks on $350,000 in state General Improvement Fund grants he directed to Ecclesia and $275,000 in grants he sent to AmeriWorks. Prosecutors did not specify how much money Woods received in kickbacks because all but a $40,000 wire transfer was paid in cash.

California: As the Legislative Year Ends, the #MeToo Movement Shows Its Influence
Los Angeles Times – Melanie Mason | Published: 9/3/2018

The #MeToo campaign launched a discussion about a culture of fear and retaliation at the Capitol in Sacramento, which women said had discouraged them from reporting pervasive harassment and allowed it to go unpunished. When the Legislature reconvened in January, two members had already resigned amid accusations of sexual misconduct and complaints had been lodged against three others. Lawmakers passed more than a dozen bills addressing workplace sexual harassment by the close of the two-year session. Experts said these measures could make California a national leader on the issue. The Legislature also spent months developing a new process for handling its own investigations of inappropriate behavior.

Illinois: State Farm Pays $250 Million, Ducks Trial Over Allegations It Tried to Rig Illinois Justice System
Chicago Tribune – Tim Bross, Margaret Cronin Fisk, and Jef Feeley (Bloomberg) | Published: 9/5/2018

State Farm reached a $250 million preliminary settlement in a class-action lawsuit claiming the insurance company funneled money to the campaign of Illinois Supreme Court Justice Lloyd Karmeier in 2004. In the 2005 case of Avery v. State Farm, Karmeier cast the deciding vote to reverse a $1 billion judgment against State Farm for its use of aftermarket car parts in repairs. The class-action lawsuit sought nearly $10 billion from State Farm. The plaintiffs alleged the company covertly supported Karmeier’s campaign to secure his win and reversal of the Avery decision. The suit claimed millions of dollars were funneled through donations to the U.S. Chamber of Commerce, which then sent the money to a PAC and the Illinois Republican Party for use in Karmeier’s campaign.

Kentucky: Father of Alison Lundergan Grimes Indicted in Campaign Finance Conspiracy
McClatchy DC – Daniel Desrochers and Bill Estep (Lexington Herald-Leader) | Published: 8/31/2018

The father of Kentucky Secretary of State Alison Lundergan Grimes was indicted for illegally funneling nearly $200,000 to his daughter’s 2014 U.S. Senate campaign to pay for various services. Gerald Lundergan used funds from his own company to pay for “audio-video production, lighting, recorded telephone calls, and campaign consulting between July 2013 and December 2015,” the Justice Department said in a press release. Lundergan and the campaign vendor to whom he made the payments, who was also indicted, concealed their arrangement from officials on the campaign, causing it to file financial records to the FEC, according to the indictment.

Massachusetts: SJC Upholds Massachusetts’ Ban on Corporate Campaign Contributions
MassLive.com – Shira Schoenberg | Published: 9/6/2018

The Supreme Judicial Court upheld Massachusetts’ ban on corporate campaign donations, finding the prohibition does not violate First Amendment rights and can help prevent actual and perceived corruption. The law bans corporations from giving directly to candidates or establishing PACs but allows them to make unlimited independent expenditures, with certain disclosure requirements. The plaintiffs argued the law violates their right to free speech and unfairly applies to corporations but not to other entities like unions and nonprofits. Chief Justice Ralph Gants wrote it would be “unrealistic for a court to require the Legislature to wait for evidence of widespread quid pro quo corruption resulting from corporate contributions before taking steps to prevent such corruption.”

New York: Mayoral Charter Revision Commission Puts Three Questions on November Ballot
Gotham Gazette – Samar Khurshid | Published: 9/5/2018

The charter revision commission created by New York City Mayor Bill de Blasio voted to put three questions on the ballot in November. If approved by voters, the proposals would significantly reduce campaign contribution limits in city elections, create a new agency to civically engage the public, and apply term limits and appointment reforms to community boards. One proposal would reduce contribution limits for public financing participants as well for those who do not join the program. It would also increase the matching ratio to eight-to-one for the first $250 raised by a citywide candidate and for the first $175 raised for all other seats.

North Carolina: Court Won’t Force North Carolina Redistricting This Year
Politico – Josh Gerstein | Published: 9/4/2018

A panel of three federal judges ruled North Carolina’s current congressional map can be used in the 2018 midterms, despite previously ruling the map is a partisan gerrymander. The judges said there was “insufficient time” for the court to approve a new map in time for the elections that are two months away. Both the plaintiffs and the defendants in the case had asked that a new map not be imposed on the state for the current election cycle.

North Carolina: Justice Dept. Demands Millions of North Carolina Voter Records, Confounding Elections Officials
New York Times – Richard Fausset and Michael Wines | Published: 9/5/2018

Federal prosecutors issued subpoenas demanding that millions of North Carolina voter records be turned over to immigration authorities by September 25. The subpoenas threatened to sow chaos in the state’s election machinery, while renewing the Trump administration’s discredited claims of widespread voting by illegal immigrants. The subpoenas were issued a week after federal officials announced that 19 noncitizens in North Carolina had been charged with casting illegal votes in the 2016 election. Critics say those arrests hardly constitute a wave of voter fraud worthy of such a broad demand for documents. And they raised concerns about privacy: among the prosecutors’ demands are millions of secret ballots cast by absentee and early voters whose identities could be easily traced.

Pennsylvania: Ex-Reading Mayor Vaughn Spencer Guilty on All Counts
Allentown Morning Call – Peter Hall | Published: 8/30/2018

A jury convicted former Reading Mayor Vaughn Spencer on 11 counts related to a “pay-to-play” scheme in which federal prosecutors said he traded public works contracts for campaign contributions and bribed the city council president to repeal a law limiting how much campaign money he could accept. The jury heard witnesses testify that Spencer and his campaign staff tied the award of public works contracts to donations from engineering firm executives to Spencer’s re-election campaign. His former chief of staff and campaign fundraiser also testified about Spencer’s role in making a “forgivable loan” to the wife of council President Francisco Acosta to ensure he followed through on legislation to repeal or suspend the city’s campaign reporting law.

Texas: Beto O’Rourke Dreams of One Texas. Ted Cruz Sees Another Clearly.
WRAL – Matt Flegenheimer (New York Times) | Published: 8/31/2018

A blue Texas has seemed both inevitable and impossible, the central political contradiction in a state defined by them. Any breakthrough, Democrats have long believed, would be borne of demographics and triangulation: focus on the cities, with their surging Hispanic populations and creeping cosmopolitanism. Edge to the middle a bit to bring in wary moderates. And impress upon voters just how extreme the incumbents had become. U.S. Rep. Beto O’Rourke has resolved to ignore basically all of this in his campaign to unseat U.S. Sen. Ted Cruz. O’Rourke has defined the philosophy with a line borrowed from Jim Hightower, a prominent activist who was once Texas agriculture commissioner: “The only thing you’ll find in the middle of the road are yellow lines and dead armadillos,” O’Rourke said.

Virginia: Citing Fraud, Judge Orders Candidate Off the Ballot in Virginia Congressional Race
Danbury News Times – Gregory Schneider (Washington Post) | Published: 9/5/2018

A judge ordered an independent candidate in a key congressional contest in Virginia removed from November’s ballot, citing invalid signatures gathered with assistance from staffers for the incumbent Republican. The effort to put Shaun Brown on the ballot as an independent candidate, which could have siphoned votes from the Democratic nominee, Elaine Luria, was boosted by U.S. Rep. Scott Taylor’s campaign staffers. Taylor had said he knew staff members were collecting signatures for Brown, but he did not direct the effort.

Campaign Finance

National: “Cities Take Aim at the Spiraling Costs of Local Elections” by Sarah Holder for CityLab

Kansas: “Feds: Sen. Hutchinson stole campaign funds; spent money on cruises, jewelry and Netflix fees” by Wesley Brown for talkbusiness.net

Kentucky: “Father of Alison Lundergan Grimes Indicted in Campaign Finance Conspiracy” by Daniel Desrochers and Bill Estep (Lexington Herald-Leader) for McClatchy DC

Wisconsin: “Secret Cash Aided Politicians Who Rewrote Wisconsin Law to Block Claims of Lead-Poisoned Children” by Pawan Naidu (Wisconsin Center for Investigative Journalism) for Wisconsin Public Radio

Elections

Illinois: “Chicago Mayor Rahm Emanuel Says He Won’t Run for Re-Election Next Year” by Bill Ruthhart for Chicago Tribune

Ethics

National: “Democrats, Eyeing a Majority, Prepare an Investigative Onslaught” by Nicholas Fandos (New York Times) for MSN

National: “As the Legislative Year Ends, the #MeToo Movement Shows Its Influence” by Melanie Mason for Los Angeles Times

New York: “How a Cuomo Donor Spent $25M in Public Funds It Didn’t Need” by Chris Bragg for Albany Times Union

Legislative Issues

National: “Former U.S. Sen. Jon Kyl Will be John McCain’s Successor in the U.S. Senate” by Yvonne Wingett Sanchez and Maria Polletta (Arizona Republic) for USA Today

National:

Democratic Embrace of Diverse Candidates Collides with Barbed Politics of Trump Era
WRAL – Jeremy Peters (New York Times) | Published: 8/29/2018

The diverse cast of Democratic candidates this year is setting up a striking contrast for voters at a time when some in the Republican Party, taking their cues from President Trump, are embracing messages with explicit appeals to racial anxieties and resentment. The result is making racial and ethnic issues and conflicts central in the November elections in a way that is far more explicit than the recent past. Racial discord has never been far from the surface of American politics. But any effort by Republicans in recent years to tread lightly around racially sensitive issues has been tossed aside by Trump, who has created a permission structure for other politicians to mimic his behavior, political strategists said.

Women in Politics Often Must Run a Gantlet of Vile Intimidation
WRAL – Maggie Astor (New York Times) | Published: 8/23/2018

A record number of women ran or are running in 2018 for the Senate, House, and governorships. Many more are running for state Legislatures and local offices. In the process, they are finding that harassment and threats, already common for women, can be amplified in political races – especially if the candidate is a member of a minority group. No independent organization appears to formally track incidents of harassment, and the Democratic and Republican National Committees did not respond to inquiries asking whether they did. But several groups that work with candidates said they routinely provided personal safety training.

Federal:

Candidates Say ‘I Approve This Message’ Because of John McCain
Roll Call – Kate Ackley | Published: 8/25/2018

The Bipartisan Campaign Reform Act survived a well-funded legal challenge in 2003 only to suffer subsequent and major rollbacks in court and at the FEC. While the long effort to enact the law made U.S. Sen. John McCain a pariah in some GOP circles, it remains a significant legacy of the self-declared maverick lawmaker and 2008 Republican presidential nominee. In addition to banning large corporate donations to the party committees, the law also required candidates to say they approved their campaign ads.

Microsoft Hopes to Protect Candidates Without Violating Campaign Contribution Law
Seattle Times – Tim O’Brien (Associated Press) | Published: 8/23/2018

Microsoft requested an FEC advisory opinion to make sure the company’s new free package of online security protections for “election-sensitive” customers does not count as an in-kind campaign contribution. Corporations are typically barred from donating to federal candidates and political committees under federal law. Microsoft said it is offering its AccountGuard service on a nonpartisan basis to federal, state, and local candidates, party committees, and certain nonprofit groups. The company told the commission it might also work with other tech firms on coordinated election security efforts, though no agreements have been made.

When Is an Offense Impeachable? Look to the Framers for the Answer
MSN – Adam Liptak (New York Times) | Published: 8/22/2018

The campaign finance violation President Trump’s former lawyer accused him of – arranging to pay hush money to influence an election – may be the sort of offense the drafters of the Constitution meant to cover in granting Congress the power to impeach and remove a president. Misconduct before assuming office is not typically a fit subject for impeachment, legal scholars said. But there is one important exception. “The main and possibly only form of pre-Inauguration Day conduct that would properly qualify as an impeachable offense is conduct relating directly to the acquisition of the presidential office,” said Joshua Matz, an author of “To End a Presidency: The Power of Impeachment.”

From the States and Municipalities:

Alabama: Ethics Law Changes Mulled by Revision Commission
Montgomery Advertiser – Brian Lyman | Published: 8/28/2018

The ruling that upheld former House Speaker Mike Hubbard’s conviction on 11 of 12 corruption charges underscored the need to tighten the language in Alabama’s ethics law, state Attorney General Steve Marshall said. The Alabama Code of Ethics Clarification and Reform Commission met to discuss the outlines of changes to the law, including the definition of a principal, which is defined as a company or person that hires a lobbyist; what lobbyists and elected officials can and cannot give; and the punishments for violating the law. Seven of the counts against Hubbard were for receiving money or favors from principals. The appeals court did not find fault with his convictions but said there could be “a serious constitutional issue” in other cases without more clarity in the law.

California: Booze Fuels Business – and Bad Behavior – at California Capitol
Sacramento Bee – Alexei Koseff and Taryn Luna | Published: 8/29/2018

Mixing work with alcohol has been a fundamental part of the culture in Sacramento for decades. But the blurred lines between business hours and playtime have given way to bouts of excess, from drunk driving to sexual misconduct to addiction. Fundraisers are a daily occurrence at the downtown bars and restaurants around the Capitol; there were 19 evening functions over the course of three days recently, according to the Capitol Morning Report, including a “margarita mixer” and a “tequila tasting.” Lawmakers note they are largely stuck away from home for three or four nights a week with not much else to do. Many lobbyists believe these receptions are where the real work gets done.

Colorado: Campaign Financing in Denver Could Look Different Come 2020 – It’s Up to Voters Now
Denverite – Estaben Hernandez | Published: 8/27/2018

The Denver City Council approved a campaign finance reform measure for the November ballot. The proposal would establish a public financing system, with eligible candidates receiving a nine-to-one match of donations up to $50. It would lower donation limits for individuals to candidates seeking city offices, and prohibit direct campaign contributions from corporations, limited liability companies, and labor groups.

Georgia: Georgia County Rejects Plan to Close 7 Polling Places in Majority-Black Area
New York Times – Richard Fausset | Published: 8/23/2018

Election officials in a majority black Georgia county voted to scrap a widely condemned proposal to eliminate most of their polling places in the runup to the November election. An independent consultant recommended the consolidation said the seven polling places in question do not comply with the Americans with Disabilities Act (ADA). The polling places in question had all been used for the primary election in May and the primary runoff election in July, and critics said officials should have been aware of the compliance issues. Civil Rights and Voting groups applauded the decision but said the episode demonstrates the need to restore Voting Rights Act protections that were tossed out by the U.S. Supreme Court in 2013.

Maine: Ethics Commission Says Slashing Casino Campaign Fine Was in State’s Best Interests
Lewiston Sun Journal – Scott Thistle (Portland Press Herald) | Published: 8/30/2018

Maine’s ethics commission voted to settle penalties for campaign finance violations with two backers of a failed 2017 casino referendum, making them pay $100,000 of the $500,000 in fines the state assessed last year. The referendum would have given rights to the casino to a company run by developer Shawn Scott, but the commission levied penalties for late financial filings against four committees run by his sister, Lisa Scott of Saint Kitts and Nevis. The commission said her offshore residence would make it hard to recoup the full $500,000. Under the agreement, Lisa Scott’s committees will have to pay $50,000, and Cheryl Timberlake, a lobbyist who served as treasurer for one of the committees, will have to pay the rest.

Missouri: Buying Influence: Do dark money, lobbyist gifts affect Missouri legislators’ policy?
Kansas City Star – Alison Kite and Jason Hancock | Published: 8/27/2018

Whether lobbyists should be able to provide Missouri lawmakers with expensive gifts and meals is being debated in Jefferson City. Asked what they wanted to know about political corruption and transparency in Missouri, Kansas City Star readers wanted to know whether gifts and campaign contributions, including those made by “dark-money” organizations, could influence legislators to the detriment of the state. The newspaper’s panel of dozens of leaders from across Missouri expressed concern about the potential for lobbyist gifts to influence legislators, but some argued they were not significant enough to affect policy solutions.

North Carolina: CEOs Gave Heavily During Legislative Session, Exposing Loophole in NC’s Fundraising Ban
WRAL – Travis Fain and Tyler Dukes | Published: 8/29/2018

North Carolina law lets top corporate executives donate to campaigns during General Assembly sessions even as it bans contributions from the companies themselves year-round and forbids anyone who contracts directly with a lobbyist from giving during a session. During this year’s six-week regular session, more than $1.1 million flowed into state legislators’ campaign accounts. The total increases if the week before the session is counted, which is traditionally a time for fundraisers, as PACs with lobbyists deliver checks just under the wire. Marshall Hurley, a former general counsel for the state Republican Party, said even the concept of an in-session ban is problematic. “All it’s really done is change the date of the check – does that really alter behavior?” Hurley said.

North Carolina: Judges’ Ruling on Election Map Plunges North Carolina Politics into Disarray
WRAL – David Zucchino and Richard Fausset (New York Times) | Published: 8/28/2018

A three-judge panel struck down North Carolina’s congressional redistricting map as an unconstitutional partisan gerrymander. Among the court’s proposed remedies are redrawing the districts before November and holding a general election without a primary election, or redrawing the districts, holding a primary election in November and holding a general election sometime before Congress is seated in January 2019. The court also said it might allow the General Assembly another chance at redrawing the districts. The state’s political experts and power brokers had already been expecting a political brawl this year. With the rule book now in tatters, they essentially threw up their hands. “We’re wandering in the political pines, searching for directions,” said Michael Bitzer, a political science professor at Catawba College.

Ohio: FBI Investigation: Ex-Ohio Speaker Cliff Rosenberger suspected of bribery, extortion
Cincinnati Enquirer – Jessie Balmert and James Pitcher | Published: 8/27/2018

Documents show former Ohio House Speaker Cliff Rosenberger is under federal investigation for possible extortion and bribery. While it was known since he resigned in April that the FBI was investigating Rosenberger’s overseas trips with lobbyists for the payday-lending industry, the release of search warrants and other documents painted a clearer picture of what investigators are targeting. Officials were looking for “communications or information concerning: payday lending legislation; evidence of payments, kickbacks, bribes, or other benefits (such as payment of travel-related expenses),” according to the records provided by the Ohio House. A federal grand jury has been meeting in Cincinnati to review the matter.

Texas: Ethics Commission Finds Lobbyist Innocent
El Paso Inc. – David Crowder | Published: 8/27/2018

When he received a letter from a lobbyist containing an apology and offer of five baseball tickets, El Paso Rep. Henry Rivera said the first thing that came to his mind was: “He is trying to bribe me.” Rivera filed a police report and ethics complaint accusing Jeremy Jordan of violating the city’s ethics code, lobbyist regulations, and possibly state law against attempted bribery over the letter. The El Paso Ethics Review Commission chastised Jordan but found him innocent of the ethics code violation that Rivera lodged against him in May.

The North Carolina General Assembly was called into special session yesterday to begin today, August 24, in order rewrite ballot amendment language to shift appointment powers from the governor to the Legislature.

Speaker Tim Moore said legislators plan to make revisions “because the proposals provide a popular bipartisan balance in our state government that will benefit the people of North Carolina.”

This is the second special session this summer to address the ballot language.

National:

Despite Year-of-the-Woman Buzz, Female Candidates Lag Behind Men in Pulling in Campaign Cash
The News-Times – Michelle Ye Hee Lee and Anu Narayanswamy (Washington Post) | Published: 8/16/2018

Even as a record number of women run for office this year, female congressional candidates trail their male counterparts when it comes to fundraising. Of candidates who showed viability by raising at least $50,000, men running for the House had collected almost 17 percent more on average than their female counterparts by the end of June. One key factor is many female candidates lack relationships with longtime donors who work in traditionally male-dominated industries such as finance. That is a particular challenge for women this cycle, because the majority are newcomers to politics and, like any non-incumbent, must build donor networks from scratch. But their task is often more difficult, some female candidates said, because of skepticism about their potential, based on their gender.

Federal:

Elizabeth Warren Unveils Plans to Root Out Corruption in Washington, Ensure Federal Government Works for Americans
MassLive.com – Shannon Young | Published: 8/21/2018

U.S. Sen. Elizabeth Warren introduced the Anti-Corruption and Public Integrity Act, which lays out a multi-step approach to ending corruption and increasing public integrity. It calls for permanently banning elected and appointed officials from becoming lobbyists after they leave office, barring presidents and federal lawmakers from owning companies while in office, and ending “legalized lobbyist bribery” by preventing them from writing campaign checks or giving personal gifts to candidates or lawmakers. The bill would also create an independent anti-corruption agency dedicated to enforcing federal ethics laws and requiring elected officials and candidates to disclose more financial and tax information, among other provisions.

Hunter Indictment Could Jeopardize GOP Seat
Politico – John Bresnahan and Rachel Bade | Published: 8/21/2018

U.S. Rep. Duncan Hunter and his wife were indicted on allegations of using more than $250,000 of campaign funds for personal expenses, including family vacations, private school tuition for their children, dental work, and an airline ticket for a pet rabbit. The indictment portrays the Hunters as a couple with serious financial problems. They allegedly overdrew their joint checking account more than 1,100 times during a seven-year period, leading to more than $37,000 in overdraft charges. Hunter’s indictment endangers a traditionally conservative southern California seat long held by Republicans. Hunter cannot take his name off the November ballot and California does not allow write-in candidates.

Michael Cohen Says He Arranged Payments to Women at Trump’s Direction
MSN – William Rashbaum, Maggie Haberman, Ben Protess, and Jim Rutenberg (New York Times) | Published: 8/21/2018

Michael Cohen, President Trump’s former personal lawyer, pleaded guilty to campaign finance violations and other charges, saying Trump directed him to arrange the payment of hush money to adult film actress Stormy Daniels and former Playboy model Karen McDougal to fend off damage to his White House bid. Cohen’s admission marks the first time any Trump associate has gone into open court and implicated Trump himself in a crime. Under federal law, expenditures to protect a candidate’s political fortunes can be construed to be campaign contributions, subject to laws that bar donations from corporations and set limits on how much can be given. Trump denied to reporters in April that he knew anything about Cohen’s payments to Daniels.

From the States and Municipalities:

California: Developer Whose Wife Sat on Ethics Commission Faces $15,000 Fine Over Political Donations
Los Angeles Times – Emily Alpert Reyes and David Zahniser | Published: 8/20/2018

Six years ago, city council President Herb Wesson drew criticism for putting the wife of a campaign fundraiser on the Los Angeles Ethics Commission, a panel that votes on fines for people who violate political contribution rules. Wesson had selected nonprofit executive Erin Pak, who was also the wife of architect and real estate developer Chris Pak, host of fundraising events for Mayor Eric Garcetti and other local politicians. Erin Pak left the commission three years ago. Now, Chris Pak is facing $15,000 in proposed fines from the commission for giving contributions that exceeded the city limit. All but one of the violations took place during the period when Erin Pak was on the commission.

Florida: After a Florida Democrat Said She’d Take Donations from the Marijuana Industry, Wells Fargo Closed Her Bank Account
Washington Post – Christopher Ingraham | Published: 8/20/2018

Nikki Fried, who is running for agriculture commissioner in Florida, said Wells Fargo terminated her campaign’s account because of her links to the medical marijuana businesses. Fried said the action came after the bank questioned her about her campaign platform and donations she had taken, as well as her stance on medical marijuana. Wells Fargo spokesperson Jennifer Dunn said the bank’s policy is to not provide services for businesses related to marijuana businesses. Fried has accepted campaign contributions from lobbyists connected to medical marijuana. If such a policy were applied nationwide it could potentially jeopardize the banking access of dozens of state and national politicians.

Georgia: Georgia Voting Rights Activists Move to Block a Plan to Close Two-Thirds of Polling Places in a Majority Black County
Chicago Tribune – Vanessa Williams (Washington Post) | Published: 8/18/2018

Randolph County in rural Georgia wants to eliminate all but two of the county’s polling locations just months before the midterm elections because they are not in compliance with disabilities laws. Some residents and progressive groups allege the move was aimed at suppressing turnout in the county, in which more than 55 percent of the voters are black and have backed Democratic candidates in statewide elections. Activists noted many residents have low incomes and the county, which covers 431 square miles, has no public transportation system. All nine of the polling places were used for the May primaries and less than a month ago for statewide run-offs.

Kentucky: Loophole Allows Organizations to Pay for Legislators’ Out-of-State Travel Without Disclosing Amounts
Insider Louisville – Joe Sonka | Published: 8/22/2018

Due to a loophole in Kentucky’s ethics law, a large majority of travel expenditures for state lawmakers covered by private organizations are not required to be disclosed by lawmakers to the Legislative Research Commission or the Kentucky Legislative Ethics Commission. John Schaaf, executive director of the ethics panel, said this reporting loophole occurs when those groups pay in advance for legislators’ travel, as “there is no disclosure required of expenses prepaid for transportation, food and lodging.” Events organized by outside groups are sometimes funded by businesses and interests that lobby the Legislature.

Louisiana: Louisiana Senate President Sank Ride-Sharing Bill. His Close Pal Sells Insurance to Cabs.
ProPublica – Rebekah Allen | Published: 8/23/2018

Ride-sharing companies are not coming to many parts of Louisiana anytime soon because the state does not have legislation in place allowing them to operate. It is one of only five states that lacks such a law, instead requiring the companies to go through the costly and time-intensive process of getting approval in each locality. A bill to change that has garnered widespread and bipartisan support among politicians and was favored by many economic development groups. But the legislation has been blocked by Senate President John Alario. Many observers noted Alario’s close personal, professional, and political alliance with former Sen. Francis Heitmeier, who makes a living selling insurance to cab companies and lobbied against the ride-sharing bill. The cab industry was one of the few opponents of the measure.

Mississippi: Inside a Super PAC That Spends on Everything but Winning
Associated Press – Brian Slodysko | Published: 8/16/2018

Two billionaire political donors poured $1.25 million into a super PAC that was supposed to supercharge Chris McDaniel’s insurgent bid to be Mississippi’s next Republican senator. A year later, much of the money from Richard Uihlein and Robert Mercer is gone. Only a fraction was spent reaching voters who could boost the former state lawmaker’s uphill battle against Cindy Hyde-Smith in a November special election that will determine who finishes out Sen. Thad Cochran’s term. What the Remember Mississippi super PAC has provided, however, is a generous payday for at least 18 campaign consultants who received the lion’s share of the money.

Montana: Montana’s Campaign-Contribution Limits Appealed to U.S. Supreme Court
KXLH – Mike Dennison | Published: 8/17/2018

James Bopp Jr. asked the U.S. Supreme Court to overrule a 2017 lower-court ruling that upheld Montana’s limits on campaign contributions for state candidates. Bopp has been an attorney in many cases challenging limits on campaign spending and contributions, including Citizens United. His appeal in the Montana case is the latest development in a seven-year-old lawsuit challenging the state’s contribution limits, which were enacted by initiative in 1994.

New York: A Corrupt Lobbyist’s Influence in the Cuomo Administration Is Revealed in Newly Disclosed Emails
New York Times – Jesse McKinley | Published: 8/20/2018

New York Gov. Andrew Cuomo has repeatedly downplayed his relationship with his former aide Todd Howe, who became key figure in a pair of federal corruption cases after pleading guilty and reaching a deal with prosecutors. Howe’s cooperation in those cases helped convict two other former top aides: Joseph Percoco, once one of Cuomo’s closest friends and trusted advisers, and Alain Kaloyeros, the economic expert who the governor praised as a genius. But in nearly 350 pages of emails, it was clear Howe had entree to the top levels of Cuomo’s administration, a period that included the time leading up to the news of the federal probe.

New York: Cuomo Signs Bill Banning Use of Paid Intermediaries to Win State Pension Fund Business
New York Daily News – Kenneth Lovett | Published: 8/21/2018

New York Gov. Andrew Gov. Cuomo signed legislation that bars firms from using placement agents, paid intermediaries, and registered lobbyists in obtaining investments from the state pension fund. Assembly Bill 3137 puts into law a policy adopted by Controller Thomas DiNapoli nearly a decade ago amid a “pay-to-play” scandal. The probe resulted in eight people being charged criminally, including two, former state Controller Alan Hevesi and his political consultant Hank Morris, who went to prison.

West Virginia: How One West Virginia Supreme Court Justice Gave Natural Gas a Big Victory and Shortchanged Residents
ProPublica – Ken Ward Jr. | Published: 8/20/2018

The West Virginia House impeached the four sitting justices on the state Supreme Court for extravagant spending, among other charges. Justice Beth Walker was impeached over allegations of irresponsible spending and poorly managing the court’s administrative affairs. Left unmentioned in the debate has been a peculiar vote by Walker that benefited the natural gas industry. She made an unusual decision to reopen a case and then reverse a Supreme Court ruling that would have forced drillers to pay more in profits to residents. Walker made the decision around the time her husband owned stock in a variety of energy companies, including those participating in West Virginia’s growing gas boom.