March 4, 2019 •
Maine Bill to Reduce Municipal Candidate Contributions Advances
The Maine Legislature’s Veterans and Legal Affairs Committee voted 8-1 in support of Sen. Ben Chipman’s proposal to reduce from $850 to $500 the maximum contribution to candidates seeking municipal office. Legislative Document 780 faces additional votes in the House […]
The Maine Legislature’s Veterans and Legal Affairs Committee voted 8-1 in support of Sen. Ben Chipman’s proposal to reduce from $850 to $500 the maximum contribution to candidates seeking municipal office.
Legislative Document 780 faces additional votes in the House and Senate.
If enacted, the bill would take effect January 1, 2020.
March 4, 2019 •
Monday’s LobbyComply News Roundup
Campaign Finance Pennsylvania: “Philly District Attorney Larry Krasner Settles Campaign-Finance Violation” by Andrew Seidman for Philadelphia Inquirer Ethics National: “‘Not in Compliance’: Wilbur Ross, the Trump official who keeps watchdogs up at night” by Carrie Levine and Peter Overby for […]
Campaign Finance
Pennsylvania: “Philly District Attorney Larry Krasner Settles Campaign-Finance Violation” by Andrew Seidman for Philadelphia Inquirer
Ethics
National: “‘Not in Compliance’: Wilbur Ross, the Trump official who keeps watchdogs up at night” by Carrie Levine and Peter Overby for Center for Public Integrity
National: “Federal Grand Jury Issued Subpoena for Documents Relating to D.C. Council Member Jack Evans” by Steve Thompson for Washington Post
Maryland: “Maryland Delegate Says She Won’t Resign after House Censures Her for ‘Racist and Hateful Slur’” by Luke Broadwater and Pamela Wood (Baltimore Sun) for MSN
South Carolina: “Panel Punts Vote on Controversial SC Nominee, Setting Up Battle on Senate Floor” by Bristow Marchant for The State
Texas: “‘Sense of Despair’ as Former Dallas City Council Member Pleads Guilty in Feds’ Case That Implicates Prominent Developer” by Robert Wilonsky for Dallas News
Legislative Issues
North Carolina: “Why a Judge Ruled That the Entire North Carolina Legislature Is Illegitimate” by Alan Greenblatt for Governing
Lobbying
New Mexico: “Former Public Servants Lobby Ex-Colleagues” by Dan McKay for Albuquerque Journal
March 1, 2019 •
News You Can Use – March 1, 2019
Federal: Cohen Tells Congress Trump Knew About WikiLeaks’ Plans, Directed Hush-Money Payments MSN – Matt Zapotosky, Rosalind Helderman, Karoun Demirjian, and Rachael Bade (Washington Post) | Published: 2/27/2019 Michael Cohen, President Trump’s longtime lawyer and fixer, laid out for Congress […]
Federal:
Cohen Tells Congress Trump Knew About WikiLeaks’ Plans, Directed Hush-Money Payments
MSN – Matt Zapotosky, Rosalind Helderman, Karoun Demirjian, and Rachael Bade (Washington Post) | Published: 2/27/2019
Michael Cohen, President Trump’s longtime lawyer and fixer, laid out for Congress for the first time a series of deceptions by the president. He charged that Trump lied to the public about business interests in Russia, lied to reporters about stolen Democratic emails, and told Cohen to lie about hush payments to cover up sexual misconduct. The accusations, aired at a daylong hearing before the House Oversight and Reform Committee, exposed a dark underside of Trump’s business and political worlds in the voice of one of the ultimate insiders. Perhaps no close associate has turned on a president in front of Congress in such dramatic fashion and with such high stakes since John Dean testified against President Richard Nixon during the Watergate scandal.
From the States and Municipalities:
Arkansas: Arkansas Grapples with Ethics Cleanup Amid Federal Probes
4029tv – Andrew DeMillo (Associated Press) | Published: 2/24/2019
A flurry of corruption cases in the past two years has been eye-popping, even for the most jaded veterans of Arkansas politics. Among those who have been charged are a nephew of the current governor, a champion of campaign finance reform, and a top county official who admitted to taking bribes funneled through the church where he was a pastor. The recent cases have stirred fears the Capitol is becoming better known as a hotbed of corruption than for any policy achievements, and legislative leaders are scrambling to repair that image and find ways of deterring future misdeeds.
California: The Political Playbook of a Bankrupt California Utility
MSN – Thomas Fuller and Ivan Penn (New York Times) | Published: 2/23/2019
Despite evidence Pacific Gas & Electric (PG&E) was responsible for repeated safety violations and involved in deadly wildfires, lawmakers in California continued to benefit from political donations from the company. Investigators are now determining whether PG&E equipment was responsible for the state’s deadliest wildfire, the inferno in and around Paradise that killed 85 people and destroyed more than 13,000 homes. With the state’s tech giants focused on their influence in Washington, D.C., perhaps no company in California is more entangled with local Democratic politics than PG&E, which in January filed for bankruptcy. PG&E’s restructuring will test whether Gov. Gavin Newsom and other Democratic leaders can push to create a company free from what critics say has been a culture of cronyism between regulators and the regulated.
Florida: The SWAT Team Showed Up at a Florida Mayor’s Door. Then He Started Shooting, Police Say.
Washington Post – Reis Thebault and Eli Rosenberg | Published: 2/21/2019
The mayor of a small Gulf Coast town in Florida was arrested after shooting at a SWAT team that had come to arrest him on charges of illegally practicing medicine. Dale Glen Massad, mayor of Port Richey, a town of around 2,600 north of Tampa, fired two shots at officers who raided his home in the early hours of the morning. The Florida Department of Law Enforcement was investigating Massad, a former doctor who gave up his license in 1992, after being tipped off that Massad was still practicing medicine. No officers were injured and Massad was arrested without further incident. He is charged with two counts of attempted homicide, according to the complaint.
Georgia: Nine Lawyers in Running to Head State Ethics Commission
Yahoo Finance – R. Robin McDonald (Law.com) | Published: 2/28/2019
Nine lawyers are in contention to become the new head of Georgia’s ethics commission, which has moved to replace former Executive Secretary Stefan Ritter. He resigned following an internal investigation, which stemmed from the discovery of hundreds of pornographic images on his state-issued computer. Complaints also accused Ritter of squelching ethics inquiries of several Atlanta mayoral candidates and possible campaign violations by a gubernatorial campaign. Finalists for the job include Robert Lane, deputy executive secretary of the Government Transparency and Campaign Finance Commission, and Michael Sullivan, director of the Massachusetts Office of Campaign and Political Finance.
Illinois: At Chicago City Hall, the Legislative Branch Rarely Does Much Legislating
ProPublica – Mick Dumke | Published: 2/25/2019
From 2011 through 2018, Chicago Ald. Pat Dowell was the chief sponsor of more than 900 separate ordinances in the city council, most of them pertaining to such hyperlocal issues as business sign permits, driveway alley access, and parking meter hours for single addresses. That volume of ward-specific legislation is typical for aldermen. Except in rare instances, the council signs off on the mayor’s agenda, even letting the city’s executive pick its legislative leaders. In return, aldermen are allowed to reign over matters large and small in their wards, which some openly describe as “fiefdoms.” The structure of the council has received new attention over the last several months, as the city’s political establishment has been rocked by scandals involving aldermen.
Louisiana: Louisiana Cap on Legislative Wining and Dining Grows to $62
Tacoma News Tribune; Associated Press – | Published: 2/24/2019
When the new budget year begins in a few months, lobbyists can spend $62 per occasion on food and drink for a public official in Louisiana. The current cap is $61. The 2008 law that sets the limit allows annual adjustments tied to increases in the federal Consumer Price Index for food and beverages.
Maryland: Maryland Del. Mary Ann Lisanti Stripped of Leadership Post Over Use of Racial Slur
Washington Post – Ovetta Wiggins | Published: 2/26/2019
A Maryland lawmaker who witnesses say used a racial slur to describe a legislative district in Prince George’s County has been stripped of her leadership position and will undergo sensitivity training. Del. Mary Ann Lisanti issued a public apology after addressing the executive committee of the Legislative Black Caucus of Maryland. Lisanti used the slur in front of several colleagues at an Annapolis cigar bar in January. She told another white lawmaker that when he campaigned in Prince George’s on behalf of a candidate last fall, he was door-knocking in a “n—– district,” said Del. Jay Walker, who witnessed the comment and represents the district in question.
New Hampshire: NH Lobbyists Paid Record Fees in 2018 But Info Hard to Track
Manchester Union Leader – Kevin Landrigan | Published: 2/23/2019
Unofficially, the nearly 500 private or public interests that hired lobbyists in New Hampshire last year paid out nearly $10.7 million in fees. The Manchester Union Leader constructed a database of the fees paid to these lobbyists from information available on the secretary of state’s website. But the state’s website is not searchable. State officials scan all the forms and post them online. This means anyone trying to aggregate all the fees paid to any firm has to total up all the individual forms. In 2018, more than 1,000 lobbying firms filed these reports because several firms have more than one associate working for them. For example, the Sheehan Phinney Capitol Group has five registered lobbyists who represent 40 clients. To find out what the firm got paid in total requires looking at more than 120 forms.
North Carolina: In N.C., a Surprise: In the end, everyone agreed it was election fraud
Chicago Tribune – Amy Gardner (Washington Post) | Published: 2/23/2019
North Carolina will hold a new election in the Ninth Congressional District following a hearing that outlined how a political operative had orchestrated an absentee ballot scheme to try to sway the race in favor of Mark Harris, the Republican candidate. Harris was under scrutiny for hiring Leslie McCrae Dowless, who allegedly assembled a crew to illegally collect, fill out, and forge mail-in ballots in two rural counties in the district. Mark Harris’s son, John, testified before the State Board of Elections that he warned his father he believed Dowless had broken the law in a previous election and should not be hired for the 2018 campaign. The elder Harris had maintained in interviews with reporters that he was unaware of red flags about the operative’s alleged tactics.
Ohio: Even After FBI Probe of Ohio Speaker, Tracking Lawmakers’ Travel Remains Challenging
Cincinnati Enquirer – Jessie Balmert | Published: 2/24/2019
Each year, several Ohio lawmakers spend hundreds or even thousands of dollars on out-of-state travel. They meet legislators from other states, learn about how foreign countries tackle problems, and make connections that could help them professionally and politically. But figuring out how much each lawmaker travels and who pays for those trips is far from easy. Legislators must report some travel for official business on annual ethics forms but not all. Some lawmakers use campaign contributions to pay for travel and document trips there. But lawmakers can also receive free trips from national groups or pay for the trips themselves – it is impossible to tell.
Oregon: Polluted by Money
Portland Oregonian – Rob Davis | Published: 2/22/2019
Over the last few years, Oregon’s most powerful industries have defeated, weakened, or stalled efforts to deal with climate change, air pollution, and other environmental matters. An investigation by The Portland Oregonian found the failure to regulate campaign finance has made Oregon one of the biggest money states in American politics, and the ready cash creates an easy regulatory climate where industry gets what it wants. A company might give as little as a few thousand dollars per lawmaker. But taken together, legislators receive millions from industries with a shared interest in weak environmental regulation. Some state lawmakers said the campaign finance system works by showing voters who is giving money and letting them judge whether it is significant.
Pennsylvania: How Philly’s Electricians Union and Johnny Doc Converted Payroll Deductions into Political Influence
Philadelphia Inquirer – Chris Brennan and Dylan Purcell | Published: 2/25/2019
From 2002 through 2018, small-dollar donations withdrawn from the paychecks of members of Local 98 of the International Brotherhood of Electrical Workers produced just under $41 million to invest in helping elect allies to local, state, and national offices. The yearly haul has increased six-fold over the last decade. The recent indictment on corruption charges of the union’s leader, Johnny “Doc” Dougherty, entangled only one elected official – Philadelphia City Councilperson Bobby Henon – and did not charge anyone with making or receiving improper campaign donations. For a probe that took at least two years, it also gave barely a nod to the breadth of the influence and impact that Local 98 and its leader have amassed.
Texas: Most Dallas City Council Members’ Campaign-Finance Reports Show Violations – But No One Enforces Rules
Dallas News – Corbett Smith | Published: 2/26/2019
Despite a limit on how much individuals and groups can donate to mayoral and council candidates, oversight by Dallas officials is essentially nonexistent. The Dallas News reviewed the past four years of campaign finance filings, finding more than 30 questionable donations reported by 10 of the 14 city council members. A dozen more issues showed up on reports of former council members and losing candidates, but no one is in charge of combing over the forms, raising questions or scrutinizing irregularities. And no one is filing official complaints that would prompt an investigation, city officials said. Even if someone filed a complaint about campaign finance violations, there’s disagreement whether the city’s own ethics panel can even investigate the matter.
February 27, 2019 •
Wednesday’s LobbyComply News Roundup
Campaign Finance Idaho: “Sunshine Bill on Electioneering Stalls in Committee, Amid Nonprofits’ Concerns Over ‘Donor Privacy’” by Savannah Cardon for Idaho Press Rhode Island: “Ex-GOP Candidate for Congress in R.I. Charged in Fraud” by Patrick Anderson for Providence Journal Elections […]
Campaign Finance
Idaho: “Sunshine Bill on Electioneering Stalls in Committee, Amid Nonprofits’ Concerns Over ‘Donor Privacy’” by Savannah Cardon for Idaho Press
Rhode Island: “Ex-GOP Candidate for Congress in R.I. Charged in Fraud” by Patrick Anderson for Providence Journal
Elections
National: “U.S. Cyber Command Operation Disrupted Internet Access of Russian Troll Factory on Day of 2018 Midterms” by Ellen Nakashima (Washington Post) for MSN
Ethics
Maryland: “Md. Lawmaker Apologizes for Allegedly Using N-Word with Her Colleagues” by Ovetta Wiggins for Washington Post
Legislative Issues
California: “California Lawmakers and Lobbyists Hustle to Write Hundreds of Bills, Many Not Fully Cooked” by John Myers (Los Angeles Times) for San Diego Union Tribune
Lobbying
Kentucky: “Kentucky Senate OKs Bill to Reveal Executive Branch Lobbying” by The Associated Press for Miami Herald
Michigan: “Lobbyist Spending Topped the Charts in Michigan Last Year, Reports Show” by Carol Thompson for Lansing State Journal
February 26, 2019 •
Tuesday’s LobbyComply News Roundup
Campaign Finance Pennsylvania: “How Philly’s Electricians Union and Johnny Doc Converted Payroll Deductions into Political Influence” by Chris Brennan and Dylan Purcell for Philadelphia Inquirer Elections National: “Russian Spy or Hustling Political Operative? The Enigmatic Figure at the Heart of […]
Campaign Finance
Pennsylvania: “How Philly’s Electricians Union and Johnny Doc Converted Payroll Deductions into Political Influence” by Chris Brennan and Dylan Purcell for Philadelphia Inquirer
Elections
National: “Russian Spy or Hustling Political Operative? The Enigmatic Figure at the Heart of Mueller’s Inquiry” by Kenneth Vogel and Andrew Kramer (New York Times) for MSN
Ethics
Arkansas: “Arkansas Grapples with Ethics Cleanup Amid Federal Probes” by Andrew DeMillo (Associated Press) for 4029tv
Ohio: “Even After FBI Probe of Ohio Speaker, Tracking Lawmakers’ Travel Remains Challenging” by Jessie Balmert for Cincinnati Enquirer
Legislative Issues
Illinois: “At Chicago City Hall, the Legislative Branch Rarely Does Much Legislating” by Mick Dumke for ProPublica
Oregon: “2 Oregon Lawmakers Demoted for Rude Behavior” by Sarah Zimmerman (Associated Press) for Portland Oregonian
Lobbying
California: “The Political Playbook of a Bankrupt California Utility” by Thomas Fuller and Ivan Penn (New York Times) for MSN
Louisiana: “Louisiana Cap on Legislative Wining and Dining Grows to $62” by The Associated Press for Tacoma News Tribune
February 22, 2019 •
News You Can Use Digest – February 22, 2019
National: The Growing Need for Opposition Research – on Yourself – in Today’s Political World Governing – Alan Greenblatt | Published: 2/15/2019 The series of recent scandals in Virginia was kicked off by the emergence of a 35-year-old yearbook page […]
National:
The Growing Need for Opposition Research – on Yourself – in Today’s Political World
Governing – Alan Greenblatt | Published: 2/15/2019
The series of recent scandals in Virginia was kicked off by the emergence of a 35-year-old yearbook page from Gov. Ralph Northam’s medical school days. In September, members of the U.S. Senate Judiciary Committee grilled then-Supreme Court nominee Brett Kavanaugh about entries in his high school yearbook and the calendar he kept as a student. Now reporters all over the country are scouring old yearbooks, looking for more examples of racist or otherwise disturbing images or language from the past of politicians. All this suggests that opposition research – as well as self-research, which refers to candidates hiring investigators to look into their own closets – will be a growing field in the years ahead.
Federal:
Elections Commission Chief Uses the ‘Nuclear Option’ to Rescue the Agency from Gridlock
Mother Jones – Nihal Krishan | Published: 2/20/2019
Ellen Weintraub, who has been on the FEC since 2002 and became chairperson in January, has become increasingly frustrated by the agency’s lack of enforcement, which has led to less disclosure, less transparency, and more “dark money” within the campaign finance system. Weintraub now says she will not allow FEC lawyers to defend the government when the commission has been sued for not enforcing the law. This drastic step, which one former FEC lawyer called the “nuclear option,” is effectively an effort to sabotage her own agency in order to enforce the law and create more campaign finance disclosure.
Intimidation, Pressure and Humiliation: Inside Trump’s two-year war on the investigations encircling him
MSN – Mark Mazzetti, Maggie Haberman, Nicholas Fandos, and Michael Schmidt (New York Times) | Published: 2/19/2019
President Trump’s public war on special counsel Robert Mueller’s investigation has gone on long enough that it is no longer shocking. Trump rages almost daily to his 58 million Twitter followers that Muller is on a “witch hunt.” The president’s lawyer talks openly about a strategy to smear and discredit the special counsel investigation. Trump’s allies in Congress and the conservative media warn of an insidious plot inside the Justice Department and the FBI to subvert a democratically elected president. An examination by The New York Times reveals the extent of an even more sustained, more secretive assault by Trump on the machinery of federal law enforcement. Interviews with current and former government officials and others close to Trump, as well as a review of confidential White House documents, reveal numerous unreported episodes in a two-year drama.
From the States and Municipalities:
California: L.A. Ethics Commission Backs New Restrictions on Developer Donations
Los Angeles Times – Emily Alpert Reyes and David Zahniser | Published: 2/19/2019
Faced with complaints about a “pay-to-play” culture at City Hall, the Los Angeles Ethics Commission backed new restrictions on political donations from real estate developers seeking city approval for their building plans. The proposed ban would cover a broad array of people “substantially involved” in a proposed development project, including real estate executives, architects, engineers, and others. Such donors would also be barred from fundraising or gathering political donations for city officials. The commission also backed new restrictions on “behested payments” – donations solicited by politicians for charitable or governmental causes.
California: Nation’s First All-LGBTQ City Council Tests Modern Meaning of Diversity
San Francisco Chronicle – Scott Wilson (Washington Post) | Published: 2/18/2019
Palm Springs achieved a measure of fame a little more than a year ago when voters elected the nation’s first city council consisting entirely of members of the LGBTQ community. The gay and lesbian community, a majority of the electorate in this city of 45,000 people, cheered the milestone as an affirmation of the community’s model tolerance. The happy moment did not last long. The council elected in November 2017 also happened to be all white. What was viewed by many as a broad step toward greater diversity instead turned Palm Springs into a forum for a debate about what diversity means – and who, exactly, is best suited to represent whom in a state shaped for decades by identity politics.
California: Why Cities, Counties May Turn to the State Political Watchdog to Enforce Local Campaign Finance Issues
San Bernardino Sun – Joe Nelson and Sandra Emerson | Published: 2/20/2019
A law that took effect on January 1 in California essentially allows local agencies to draw on the state’s experience and expertise in dealing with campaign finance and ethics laws – for a price. Under its contract with the Fair Political Practices Commission (FPPC), San Bernardino County pays the agency a flat fee of $55,000 annually and is billed at hourly rates for any work exceeding the flat amount. In return, the FPPC audits the campaign accounts of all county elected officials each election cycle, investigates complaints, provides written and verbal guidance to elected officials and their donors regarding the county’s campaign finance and ethics ordinance.
Florida: ‘Who Gave It, Who Got It?’ How Political Influence in Miami Is Bought – and Concealed
Miami Herald – Joey Flechas and Sandra Emerson | Published: 2/21/2019
Whether it is candidates or ballot measures, moneyed interests use political groups that can receive and spend unlimited, untraceable “dark money” to influence elections in Miami and pay for attack ads. Florida’s lax campaign finance laws allow donors to seed thousands of dollars into committees that can give to one or more other committees. The money that pays for the ads can be difficult to trace back to the original donor. Because state authorities do not aggressively police campaign finance reports, political committees can easily get away with concealing their donors while flouting election laws. But political groups do not necessarily need to break campaign laws to hide the sources of their money. It is allowed to be moved through a byzantine web of political committees that mask its origins.
Montana: US Supreme Court Won’t Take Challenge to Montana Campaign Finance Law
Montana Public Radio – Corin Cates-Carney | Published: 2/19/2018
The U.S. Supreme Court, without comment, declined to take up a case challenging Montana’s campaign finance disclosure law. The justices left in place a lower court’s ruling that the state’s so-called Disclose Act is constitutional. The law requires groups that engage in last-minute advertising in elections to make public how they spend money to influence the state’s elections.
New Jersey: This N.J. Mayor Is Getting Paid to Fight Legal Weed. Here’s Why That’s Causing Trouble.
Bergen Record – Payton Guion (NJ Advance Media) | Published: 2/15/2019
The mayor of the first town in New Jersey to ban legal marijuana sales has also spent most of the past year on the payroll as a lobbyist for a prominent anti-marijuana group in the state. But Point Pleasant Beach Mayor Stephen Reid has not always been upfront about that connection, raising questions about ethics and conflicts-of-interest. More than 60 towns in New Jersey have taken some step to prohibit marijuana businesses from their borders. Reid has traveled around the state, offering his hand to other towns considering a ban as the mayor of a town that’ has already done it. Since May 2018, Reid has been a paid lobbyist for New Jersey Responsible Approaches to Marijuana, and his potential conflict is the subject of lawsuit against the town.
Oregon: ‘Give Me the Money, and I’ll Give It to Her.’ Former Oregon Lawmaker Describes Participating in Dubious Campaign Practice
Portland Oregonian – Rob Davis | Published: 2/17/2019
On paper, two contributions to candidates last year came from former Oregon Rep. Deborah Boone. She wrote the checks and her name is listed as the donor. In reality, Boone said, the money came from donors who asked her to pass it on under her name, creating a set of transactions and reports that may have violated state law. Boone described the practice as commonplace among legislators. State records show millions of dollars have moved between Oregon politicians in the past decade in what look like straightforward gestures of support. Lawmakers also routinely give money to committees run by legislative leaders, who then redistribute it to candidates in tough races. According to Boone, the transactions are not always what they seem.
Rhode Island: Political Donations by Strip-club Industry Made in Lobbying Firm’s Name
Providence Journal – Brian Amaral | Published: 2/15/2019
Mysterious errors in campaign finance records concealed the source of thousands of dollars in donations from the Providence strip-club industry to Rhode Island Gov. Gina Raimondo and House Speaker Nicholas Mattiello. Instead of listing their actual employers, the series of contributions listed a lobbying firm, the Goldberg Law Offices. A lobbyist at that firm, Robert Goldberg, also worked on behalf of the strip-club industry. Goldberg said he did not know why donations from people involved in the strip-club industry – and not, in fact, employed by his firm – listed his firm as their employer. The errors raise questions about the working relationship between a high-powered lobbyist and an industry he represented and illuminate the many connections between the strip-club industry and the halls of power in the state.
Texas: Sen. Angela Paxton Files Bill That Would Allow Her Husband, Texas Attorney General Ken Paxton, to Issue Exemptions from Securities Regulations
Texas Tribune – Emma Platoff | Published: 2/16/2019
In what state Sen. Angela Paxton describes as an effort to safely expand Texas’ burgeoning financial tech industry, she filed a bill that would empower the office of her husband, state Attorney General Ken Paxton to exempt entrepreneurs from certain state regulations so they can market “innovative financial products or services.” One of those exemptions would be working as an “investment advisor” without registering. Currently, doing so is a felony in Texas, one for which Ken Paxton was issued a civil penalty in 2014 and criminally charged in 2015.
Virginia: Richmond’s Donor Class and the VMI Brotherhood Stand Behind Embattled Virginia Governor
Washington Post – Gregory Schneider | Published: 2/16/2019
Gil Minor, a local corporate titan and major donor to both political parties, and Tom Slater, a prominent lawyer, met with Virginia Gov. Ralph Northam soon after the shocking news broke that a racist photograph had been unearthed from Northam’s medical school yearbook page. Minor and Slater are part of a political donor class in Richmond that has rallied behind the embattled governor. Perhaps more significant, they are part of a Virginia Military Institute (VMI) brotherhood, an elite alumni corps that includes several of the state’s power brokers. They did not want Northam, the first VMI graduate to become governor, to go down in disgrace. That support is a major reason Northam has clung to office when most of the political world has called for his resignation, leaving the state locked in a limbo of dysfunction that shows no sign of changing soon.
Washington: SEIU State Council to Pay $128,000 in Civil Fines Over Campaign-Finance Lawsuit
Seattle Times – Joseph O’Sullivan | Published: 2/19/2019
The Service Employees International Union (SEIU) Washington State Council 14 has agreed to pay a six-figure settlement over a campaign finance lawsuit. The settlement requires SEIU to pay $128,262.75 in civil fines, as well as $18,300.85 in costs and fees. Another $104,942.25 in civil fines is suspended, provided the organization has no violations over the next four years. The Freedom Foundation alleged the SEIU state council had been operating as a political committee without filing as such with the Washington Public Disclosure Commission. The state attorney general’s office determined that SEIU had made significant campaign contributions but failed to register and report as a political committee in for at least the years 2014 and 2016.
Wyoming: Legislature Reforms Campaign Finance
Staff – Sundance Times | Published: 2/20/2019
Wyoming Gov. Mark Gordon signed Senate Bill 18 into law. It is intended to enhance transparency by requiring that candidates report their expenditures and contributions simultaneously and up to two weeks before the election. It also raises the threshold for reporting from $25 to $100 to account for inflation. The law also clarifies campaign advertising provisions to now include online advertising and defines “electioneering communications,” while requiring that campaign activity be subject to the disclosure of donors and expenditures whether or not that activity was done in coordination with a candidate. A disclosure must now explicitly state, “Paid for by ….”
February 15, 2019 •
News You Can Use Digest – February 16, 2019
Federal: Ex-Lawmakers Face New Scrutiny Over Lobbying The Hill – Alex Gangitano | Published: 2/12/2019 Critics say former federal lawmakers have been the biggest offenders when it comes to working as lobbyists without formally registering. Forty-eight former senators and 295 […]
Federal:
Ex-Lawmakers Face New Scrutiny Over Lobbying
The Hill – Alex Gangitano | Published: 2/12/2019
Critics say former federal lawmakers have been the biggest offenders when it comes to working as lobbyists without formally registering. Forty-eight former senators and 295 former representatives were registered lobbyists in the last Congress, and that number is growing as the latest exiting class of lawmakers join firms. Some note the law has loopholes for determining when someone must register. The Lobbying Disclosure Act states that a person must register to lobby if lobbying activities constitute at least 20 percent of their time working for a client. That allows many former members who work for lobbying shops and big firms to handle policy issues but avoid crossing the line to require registering as a lobbyist.
FEC Raises Contribution Limits for 2020
The Hill – Reid Wilson | Published: 2/7/2019
The FEC announced new higher campaign contribution limits. Donors would be able to give up to $2,800 per election, including both the primary and the general election contests, in the new cycle, a $100 increase over the 2018 cycle. Individuals will be allowed to contribute up to $35,500 to party accounts like the Democratic National Committee and the Republican National Committee every year. The commission raises the cap every two years under a provision in the 2002 Bipartisan Campaign Reform Act.
National Enquirer’s Parent Firm Asked U.S. If It Should Register as Foreign Agent for Saudis
NBC News – Josh Lederman | Published: 2/11/2019
The company that publishes the National Enquirer was concerned enough that it may have acted as an agent of Saudi Arabia that it asked the Department of Justice last year whether it needed to register as a foreign lobbyist. Communications between the Justice Department and American Media Inc. offer the fullest picture to date of interactions between the tabloid publisher and the Saudis ahead of AMI’s release last year of flattering magazine about Saudi Arabia’s young leader. Under the Foreign Agents Registration Act, people or entities that work to advance a foreign country’s political interests in the U.S. must disclose their specific activities and register as foreign lobbyists.
Ocasio-Cortez Learned Lobbyists Pay People to Avoid Waiting in Lines in D.C. She’s Not Pleased.
MSN – Eli Rosenberg (Washington Post) | Published: 2/13/2019
Paying people to wait in line to get prime seats at Capitol Hill hearings is a once-controversial maneuver that has now become accepted practice. Critics say line-standing or line-waiting is a small but visible example of how money affects politics in Washington – how people with resources buy access to lawmakers as they deliberate legislation. The practice, which is expensive but not illegal, has long been a popular one for lobbyists. U.S. Rep. Alexandria Ocasio-Cortez, who is experiencing life as a legislator in Washington for the first time, tweeted her reaction to seeing a line of people waiting for a committee hearing: “Shock doesn’t begin to cover it. Apparently this is a normal practice, and people don’t bat an eye.”
From the States and Municipalities:
California: To Do Business with L.A., City Contractors Now Must Disclose Ties with the NRA
Los Angeles Times – Dakota Smith | Published: 2/12/2019
The Los Angeles City Council passed an ordinance that requires companies seeking contracts with the city to disclose any ties to the National Rifle Association (NRA). Prospective contractors now must disclose under affidavit any contracts or sponsorships they or their subsidiaries have with the NRA. The city has similar policies about companies involved in the construction of President Trump’s proposed border wall. The NRA disclosure law contains more than a dozen exemptions, including contracts involving the city’s pension funds and other investment agreements. Still, attorneys for the NRA said they would file a lawsuit if the ordinance passed, according to a letter sent to the city.
Colorado: High Cost of Influence: $33 million spent last year lobbying Colorado lawmakers
Denver Post – Nic Garcia | Published: 2/7/2019
More than $33 million was spent lobbying Colorado lawmakers in 2018. Lawmakers sometimes rely on lobbyists for expertise and resources the politicians do not have. They fill a knowledge gap for state lawmakers, who have slim staffs to help research and write legislation. Also, because lawmakers can only serve eight years in each chamber, they are limited in the institutional knowledge they can build. Critics say that gives lobbyists access and influence the general public does not always have. “They obviously provide information that is favorable to their clients and not the whole picture,” said Paul Teske, dean of the School of Public Affairs at the University of Colorado at Denver.
Florida: The Lawmaker Who Dressed in Blackface Is Pushing an Ethics Bill Today. Does It Matter?
Tampa Bay Times – Lawrence Mower | Published: 2/12/2019
Florida Rep. Anthony Sabatini has been making national headlines for wearing blackface in a high school prank 14 years ago. It has not stopped him from pushing numerous bills in Tallahassee, including a sweeping bill that would strengthen the state’s ethics laws. It includes provisions that would ban officials from getting investment advice from lobbyists, require lobbyists who influence the executive branch to register online, and make it illegal for officials to seek jobs that conflict with their lawmaking duties. Sabatini he initially felt terrible for anyone who saw the photograph and did not understand the context. But as the story grew, he felt some news reports were using the incident to be sensational, and he has since refused to apologize.
Georgia: State Ethics Commissioners Move to Fill Executive Secretary’s Post After Resignation
Yahoo Finance – R. Robin McDonald (ALM Media) | Published: 2/11/2019
Stefan Ritter resigned as executive secretary of the Georgia Government Transparency & Campaign Finance Commission after being placed on paid leave amid accusations he misused his state-issued computer. Three formal complaints revealed Ritter’s departure stemmed from the discovery by commission staff of “hundreds of pornographic images” on his computer that at least one staff member observed Ritter viewing in the office. The complaints accused him of instructing staff not to open inquiries of multiple candidates in the 2017 Atlanta mayoral race who staffers believed may have violated state campaign finance laws. Ritter also was accused of making a similar call regarding possible campaign violations by Stacey Abrams’ gubernatorial campaign.
Indiana: Veteran Agency’s Secretive Deal with Former State Senator Possibly Violated Lobbying Laws
Indianapolis Star – Tony Cook and Chris Sikich | Published: 2/14/2019
After a state lawmaker pushed to expand the reach of the Indiana Department of Veterans Affairs (IDVA), the agency awarded him a secretive, and possibly illegal, lobbying contract that has paid him more than $150,000. The deal, signed nine months after former state Sen. Allen Paul left office, appears to run afoul of Indiana’s “revolving door” law meant to curb politicians from cashing in on government service. Paul also failed to register as a lobbyist. While the contract was in effect, Paul rarely showed up at the office, interacted little with key lawmakers, and did not maintain an account of the hours he worked. Paul continued to be paid even after the IDVA hired a full-time employee to do essentially the same job.
Michigan: Benson: Pro-Whitmer group broke campaign finance law, will pay fine
Detroit News – Jonathan Oosting | Published: 2/8/2019
A group that ran television ads last year featuring Gov. Gretchen Whitmer violated the Michigan Campaign Finance Act and has agreed to pay a $37,500 settlement, Secretary of State Jocelyn Benson said. Build a Better Michigan spent more than $2.4 million in 2018 and ran a series of pro-Whitmer ads it described as a form of “issue advocacy” traditionally exempt from the law. But some of those ads violated the statute by identifying Whitmer as a “candidate for governor,” Benson said. Benson also ruled the group’s spending could not be considered an “independent expenditure” because of apparent coordination between the group and Whitmer’s campaign.
New York: Claiming Attempt to Silence Them, Advocacy Groups Oppose Cuomo Lobbying Proposal
Gotham Gazette – Lysette Voytko | Published: 2/10/2019
One provision of New York Gov. Andrew Cuomo’s reform agenda would require any individual or organization spending over $500 in a year on lobbying to be required to register as a lobbyist, lowering the threshold from $5,000. The proposal is sparking outcry from nonprofit leaders and others, who say the proposal would harm smaller organizations and activist groups that do little formal lobbying and cannot afford the labor or time to navigate the state’s complex lobbying regulations. “Perversely, while this might increase the number of filings, it will effectively silence small groups while increasing the influence of big money in government,” states a letter from 15 nonprofits.
Texas: In Texas, More Than a Million Dollars in Ethics Fines Have Gone Unpaid
Texas Monitor – Johnny Kampis | Published: 2/7/2019
Data from the Texas Ethics Commission shows state Rep. Ron Reynolds owes $52,500 in fines for failing to file timely personal finance statements required for all candidates. Reynolds is one of the worst offenders in terms of unpaid ethics fines, but he is far from alone in thumbing his nose at the commission. As of the most recent updating on February 4, the ethics agency’s delinquent filer list shows that Texas officeholders and candidates owe more than $1.3 million in fines for being lax on those financial statements.
Virginia: Virginia Democrats Looking for a Clear Path Forward from Scandals
San Francisco Chronicle – Amy Gardner and Jenna Portnoy (Washington Post) | Published: 2/10/2019
Gov. Ralph Northam and Attorney General Mark Herring are staying, Lt. Gov. Justin Fairfax is fighting, and Virginia Democrats are grappling with how to proceed in a situation with no precedent and no one leading the way out of one of the party’s most disastrous periods in history. More than a week has passed since images emerged of Northam’s medical school yearbook page depicting a man in blackface and another in a Ku Klux Klan robe. Since then, two women have accused Fairfax of sexual assault and Herring has admitted he wore blackface as a young man. As a group, Democrats in the state publicly embraced their party’s zero tolerance for racism and sexual violence. But privately, Democrats are divided, particularly about whether ousting Northam is best for their party.
Washington: Seattle Ethics Commission May Shine Light on Political Work, City Hall Lobbying
Seattle Times – Daniel Beekman | Published: 2/12/2019
The Seattle Ethics and Elections Commission may require lobbyists to report the work they do for political campaigns. The debate follows a Seattle Times story about partners at Sound View Strategies who helped elect Mayor Jenny Durkan and have given her informal political advice. They have also been paid by corporate clients to lobby Durkan’s administration on legislation and advocate at City Hall on regulatory matters. Though Seattle already requires candidates to disclose their payments to consultants and mandates lobbyists list their payments from clients, those activities are reported separately and differently, so it can be hard to connect the dots.
February 8, 2019 •
News You Can Use Digest – February 8, 2019
National: Inaccurate Claims of Noncitizen Voting in Texas Reflect a Growing Trend in Republican States Stamford Advocate – Amy Gardner (Washington Post) | Published: 2/6/2019 When Texas officials announced in January that as many as 58,000 noncitizens may have voted illegally in […]
National:
Inaccurate Claims of Noncitizen Voting in Texas Reflect a Growing Trend in Republican States
Stamford Advocate – Amy Gardner (Washington Post) | Published: 2/6/2019
When Texas officials announced in January that as many as 58,000 noncitizens may have voted illegally in state elections over nearly two decades, top Republicans, including President Trump, quickly warned about the prevalence of voter fraud and the need to crack down on it. But just as quickly, the numbers stopped adding up. The secretary of state’s office called local election officials to say thousands of people on the list were in fact American citizens, eligible to vote. The episode is the latest in bungled attempts by states to show that huge numbers of noncitizens are registered to vote and have cast ballots in U.S. elections.
‘It’s the Human Way’: Corruption scandals play out in big cities across U.S.
New York Times – Richard Fausset, Monica Davey, and Tim Arango | Published: 2/5/2019
Four of America’s largest cities – Atlanta, Los Angeles, Chicago, and Philadelphia – are under the cloud of major federal corruption investigations. The probes raise questions about whether there can be any lasting cure for the chronic corruption problems that seem to dog big cities, so often dominated by a single party or political machine. The Chicago and Los Angeles metropolitan areas are the two most corrupt in the U.S., based on the number of federal public corruption convictions from 1976 to 2016. Philadelphia comes in at number eight. Atlanta did not make the top 10, but the city’s political atmosphere is influenced by the conviction of former Mayor Bill Campbell on tax evasion charges stemming from an earlier corruption investigation.
Federal:
Firms Recruited by Paul Manafort Investigated Over Foreign Payments
MSN – Kenneth Vogel (New York Times) | Published: 2/5/2019
Federal prosecutors in New York have been investigating payments to three law and lobbying firms recruited by Paul Manafort to help improve the image of the president of Ukraine. The previously unreported interviews are among the latest developments in the investigation of key figures who worked at the three firms: Mercury Public Affairs, the Podesta Group, and Skadden, Arps, Slate, Meagher & Flom. The case has drawn interest in Washington in part because of the prominence of the three main figures, each of whom has played high-profile roles in politics and lobbying. But it has also sent shock waves through the lobbying industry by underscoring an aggressive legal crackdown on lobbyists and lawyers who do lucrative work representing foreign governments without registering as foreign agents.
K Street in Overdrive as Investigations Ramp Up
The Hill – Alex Gangitano | Published: 2/7/2019
Lawmakers this year are vowing to press companies across diverse industries on a number of hot-button issues, including how technology companies are handling consumer data, how the nation’s companies have benefited from the tax law, and how drug makers set their prices. For corporations, a public inquiry into their practices, often with top executives hauled before Congress and cameras, is a worrying prospect. More than ever, businesses are coming to lawyers on K Street to help them handle those unique challenges. Handling congressional investigations requires a complex team with lobbyists who can provide insight into what policymakers are thinking, as well as lawyers who know how to best protect a client’s rights.
Trump Inaugural Committee Ordered to Hand Over Documents to Federal Investigators
MSN – Maggie Haberman and Ben Protess (New York Times) | Published: 2/4/2019
Federal prosecutors in New York delivered a wide-ranging request for documents related to donations and spending by President Trump’s inaugural committee. Investigators showed interest in whether any foreigners illegally donated to the committee, as well as whether committee staff members knew such contributions were illegal, asking for documents laying out legal requirements for donations. Federal law prohibits foreign contributions to federal campaigns, PACs, and inaugural funds. Prosecutors also requested all documents related to vendors and contractors with the inaugural committee. The subpoena showed the investigations surrounding Trump, once centered on potential ties to Russia during the 2016 election, have spread beyond the special counsel’s office to include virtually all aspects of his adult life.
From the States and Municipalities:
California: Sebastian Ridley-Thomas’ Work as a Lobbyist Sparks Criticism in California Capitol
Los Angeles Times – Melody Gutierrez | Published: 2/4/2019
Former California Assemblyperson Sebastian Ridley-Thomas registered as a lobbyist in January, just weeks after an investigation supported claims that he sexually harassed two legislative staffers in 2016. When the allegations were made public, Ridley-Thomas’ first client, the Los Angeles Unified School District, canceled his four-week, $15,000 contract for work in Sacramento. While the Legislature spent much of the past year creating new sexual harassment policies and procedures for lawmakers and its employees, the conduct of lobbyists was largely unaddressed. A lobbyist found to have sexually harassed a legislative staffer or lawmaker might be restricted from going to certain parts of the Capitol, but the Legislature’s power is limited beyond that, said Assemblyperson Laura Friedman.
Connecticut: When the Governor’s Adviser Is Married to a Lobbyist
Connecticut Mirror – Mark Pazniokas | Published: 2/1/2019
Colleen Flanagan Johnson is the senior adviser to Connecticut Gov. Ned Lamont and is married to Michael Johnson, a lobbyist at Sullivan & LeShane. In consultation with the Office of State Ethics and the Lamont administration, Flanagan Johnson said she will not meet with any of her husband’s two dozen clients, and she and her husband will not talk about his clients and the issues on which he lobbies. Flanagan Johnson and Ryan Drajewicz, the governor’s chief of staff, also will decide on a case by case basis if she needs to completely recuse herself from any issue “to avoid even the appearance of a potential conflict-of-interest.” Under the ethics code, which is established by state laws that have not changed in decades, there is no legal bar to Flanagan Johnson acting on any issue of importance to her husband or his employer.
Florida: A Florida Politician Allegedly Made a Habit of Licking Men’s Faces. She’s Now Resigned.
Washington Post – Antonia Noori Farzan | Published: 2/6/2019
Madeira Beach Commissioner Nancy Oakley is being accused of sexually harassing a former city manager. The Florida Commission on Ethics said Oakley possibly violated state law because she was “exhibiting inappropriate behavior” when she licked Shane Crawford’s face at a fishing tournament. The report said there was testimony from multiple witnesses saying Oakley also touched Crawford inappropriately, and that she was intoxicated. Since the issue was brought to light, others have said Oakley behaved in a similar manner. The sponsor of the fishing tournament where Oakley allegedly licked the city manager said she had licked his face and the faces of volunteers at other fishing tournaments. Oakley resigned to avoid being fired.
Indiana: A State Election Panel Won’t Investigate Brian Bosma. Opponents Say the Process Is Rigged.
Indianapolis Star – Tony Cook and Kaitlin Lange | Published: 2/7/2019
The Indiana Election Commission declined to investigate House Speaker Brian Bosma’s use of campaign money to uncover unflattering information about a woman who claims she had a sexual encounter with him 27 years ago when she was an intern. A separate House Ethics Committee complaint is still pending. Those who filed the complaints say the process so far appears to be rigged in Bosma’s favor. Both the election and ethics proceedings have taken place largely outside public view and without any notice to those who filed the complaints, including the former intern and her attorney. Bosma and his team were permitted to submit dozens of pages of legal arguments and other materials to the election commission with no opportunity for the person who filed the complaint to respond.
Kentucky: After Democratic Kickback Scheme, State Lawmaker Pushes for Ethics Bill
Louisville Courier-Journal – Tom Loftus | Published: 2/5/2019
The bribery, kickbacks, and illegal campaign money revealed in the federal convictions of political operatives Tim Longmeyer and Jim Sullivan demand the General Assembly strengthen laws over those who lobby the state’s executive agencies, Kentucky Senate President Robert Stivers said. Stivers said the legislation he introduced, Senate Bill 6, would be as a step toward reform by requiring disclosure of fees paid to lobbyists who attempt to influence executive agencies, just as fees paid to those who lobby the Legislature have been required to be disclosed for many years. Senate Bill 6 would also clarify what is already in state law – that an executive lobbyist cannot be paid on a contingency fee basis.
Massachusetts: Massachusetts Campaign Finance Regulators Prepared to Lower Unions’ Donation Limit
MassLive.com – Shira Schoenberg | Published: 2/4/2019
The Office of Campaign and Political Finance released draft regulations that would decrease the amount of money a union can contribute to a candidate in Massachusetts from $15,000 a year to $1,000 a year. Under state law until now, unions and trade associations could donate up to $15,000 to a candidate. Individuals can contribute up to $1,000 and businesses cannot give anything. Two business owners challenged the ban in court. They argued that businesses and unions should be subject to the same campaign finance restrictions. The Supreme Judicial Court upheld the ban on corporate contributions but noted state law is unclear regarding the different treatment of unions.
Missouri: Barred from Lobbying for Six Months, Ex-Missouri Rep Returns Anyway to Sway Lawmakers
Kansas City Star – Hunter Woodall | Published: 1/31/2019
Less than two months after resigning from office, former state Rep. Kevin Corlew returned to the Missouri Capitol to testify for a national organization in what one watchdog said is an act of stealth lobbying. Some experts question whether his appearance goes against the state’s “revolving door” law prohibiting former lawmakers from quickly returning to lobby their former colleagues in the Legislature. Corlew lost his re-election bid last fall. He then resigned in December, before his term was up, specifically to avoid a new law banning lawmakers from returning to the Capitol as lobbyists for two years after leaving office.
New Mexico: Bill Would Reveal the Cost of a Free Lunch for Lawmakers
Albuquerque Journal – Dan McKay | Published: 1/31/2019
Three proposals this year in the New Mexico Legislature would require more thorough reporting of how lobbyists are spending to influence lawmakers and the executive branch. House Bill 133 would require lobbyists to disclose the specific bills they lobbied for or against. House Bill 140 would require principles to file reports at the beginning of the session estimating how much they expect to spend on lobbying, including the compensation to the lobbyists themselves. Senate Bill 191, which was sent to Gov. Michelle Lujan Grisham, would fix a loophole that allows lobbyists to spend $100 or less on, for example, buying lunch for a lawmaker without ever having to report such costs.
North Dakota: Legislative Lobbyists Feel Their Purpose Is Misunderstood
Inforum.com – Diane Newsberry (North Dakota Newspaper Association) | Published: 2/3/2019
North Dakota Senate Majority Leader Rich Wardner said he had concerns about legislation that aims to limit the influence of lobbyists. The legislation comes as a result of last year’s ballot Measure 1, which amended the state constitution to set more guidelines about legislative ethics. Wardner cited wording in Measure 1 which may mean that if a citizen who comes to the Capitol to testify on behalf of themselves spends more than $201 in the process, that person would be classified as a lobbyist. Lobbyists feel they are often misrepresented, especially in public talks about ethics. Scott Meske, a lobbyist with public affairs firm Laventure, said his profession’s primary goal is to be a translator between his clients and lawmakers.
Virginia: Crisis Escalates in Virginia; Top 3 Democrats Under Fire
Associated Press – MSN | Published: 2/6/2019
Virginia Attorney General Mark Herring acknowledged he put on dark makeup and wore a wig while an undergraduate of the University of Virginia in 1980, becoming the second statewide official to admit imitating an African-American. Within hours, Vanessa Tyson put out a detailed statement describing how Lt. Gov. Justin Fairfax sexually assaulted her in 2004. Fairfax denies the allegations. The revelations came less than one week after the disclosure of a racist photograph on the yearbook page of Gov. Ralph Northam led to demands for his resignation. The string of scandals could have a domino effect on state government: If Northam and Fairfax fall, Herring would be next in line to become governor. After Herring comes House Speaker Kirk Cox.
February 1, 2019 •
News You Can Use Digest – February 1, 2019
National: All Red or All Blue, State Legislatures Run to Partisan Sides MSN – Timothy Williams (New York Times) | Published: 1/28/2019 Republicans continue to hold majorities in most of the nation’s state capitals, as they have in recent years, but Democrats […]
National:
All Red or All Blue, State Legislatures Run to Partisan Sides
MSN – Timothy Williams (New York Times) | Published: 1/28/2019
Republicans continue to hold majorities in most of the nation’s state capitals, as they have in recent years, but Democrats now control six new legislative chambers. Along the way, though, Minnesota became the only remaining state in the nation where control of a Legislature is divided. Even in an era of single-party dominance in state Legislatures, it is the first time in more than a century that only one state has split control of its legislative chambers and is one more indication of the depth of the nation’s divided political sensibilities.
Federal:
K Street Women Seek Closer Ties to Female Lawmakers
Roll Call – Kate Ackley | Published: 1/30/2019
A collection of female lobbyists and organizations is launching a new effort, called 131 & Counting, to welcome the unprecedented number of women now serving in the U.S. House and Senate, build connections with them, and encourage more women to run for office. Miranda Franco, a senior policy adviser with Holland & Knight who came up with the idea, envisions future events that might include panels and roundtables about women in business, the gender wage gap, and other policy matters. Though 131 & Counting is not a fundraising effort, it will connect the female lawmakers with a likely collection of potential campaign donors. Not only did a record number of women run for office last cycle but more women than ever before donated to congressional candidates.
Lawmakers Push Crackdown on Foreign Lobbyists
The Hill – Alex Gangitano | Published: 1/29/2019
Foreign lobbying has been in the national spotlight since special counsel Robert Mueller obtained guilty pleas under the Foreign Agents Registration Act (FARA) from two of Donald Trump’s campaign officials, Paul Manafort and Richard Gates, over their lobbying work in Ukraine. Lawmakers from both sides of the aisle find FARA outdated, weak, and filled with loopholes. They have tried to change the law in the past, but those efforts have fallen short. U.S. Sen. Charles Grassley introduced the Disclosing Foreign Influence Act in 2017 and he said recently that he wants to try again to pass the bill, which will be reintroduced this Congress.
From the States and Municipalities:
Florida: Florida Secretary of State Michael Ertel Resigns After Halloween Blackface Photos Emerge
Tallahassee Democrat – Jeffrey Schweers | Published: 1/24/2019
Newly appointed Florida Secretary of State Michael Ertel resigned from office after photographs of him posing as a female Hurricane Katrina victim in blackface were obtained by The Tallahassee Democrat. The newspaper reported that the photos were taken in 2005, shortly after Ertel had become supervisor of elections in Seminole County, and depict him in blackface, wearing a New Orleans Saints bandanna around his head and a shirt with the words “Katrina Victim” written on it. Ertel would not comment on the record about the circumstances surrounding the photo. “There’s nothing I can say,” Ertel said.
Illinois: FBI Secretly Recorded Mike Madigan at His Law Office Pitching Firm’s Services
Chicago Sun-Times – John Seidel, Tina Sfondeles, and Fran Spielman | Published: 1/29/2019
The FBI secretly recorded Illinois House Speaker Michael Madigan trying to get business for his private law firm from a developer brought to him by Chicago Ald. Danny Solis, who was weighing the developer’s request to build a hotel in Chicago, according to a federal court affidavit. It makes clear for the first time that the federal investigation that has snared Ald. Edward Burke extends beyond City Hall and into the statehouse, examining politicians’ longstanding practice of merging personal and political business. It has been reported that Solis secretly recorded conversations he had with Burke, who recently was charged with attempted extortion.
Kentucky: A Onetime Rising Democratic Star Faces Questions About Voter Privacy
ProPublica – Daniel Desrochers (Lexington Herald-Leader) and Jessica Huseman | Published: 1/28/2019
In an appearance on MSNBC in July 2017, Kentucky Secretary of State Alison Lundergan Grimes expressed her opposition to giving voter data to President Trump’s voter fraud commission, which had requested it from election officials in all 50 states. The privacy risks were simply too high, she said. But beginning months before she made that statement, Grimes’ own staff had been looking up hundreds of voters in the very same registration system. An investigation shows the searches were extensive and targeted prominent state politicians, including gubernatorial candidate Rocky Adkins, who could have been Grimes’ opponent in the Democratic primary.
Missouri: St. Louis County’s Campaign Contribution Limit Is in Effect. Probably. Maybe. Who Knows.
St. Louis Post-Dispatch – Jeremy Kohler | Published: 1/24/2019
St. Louis County voters in November overwhelmingly passed a charter amendment that limits campaign contributions to $2,600 per individual per election. But on December 2, Prosecuting Attorney-elect Wesley Bell accepted a contribution for $3,500; the next day he accepted one for $10,000. It remains unclear whether Bell’s campaign ran afoul of the amendment. The Missouri Constitution says county charter amendments become a part of the charter “at the time and under the conditions fixed in the amendment.” The county’s charter amendment did not have an effective date, and no one in the county government can say when, or even if, it did take effect.
New Mexico: Lobbyist Loophole Fix Heads to Gov. as Lobbyists Spend Nearly $90K
New Mexixo In Depth – Marjorie Childress | Published: 1/30/2019
New Mexico lawmakers gave final approval to a bill that would close a loophole that allowed lobbyists to buy politicians meals and drinks of up to $100 without reporting it to state regulators. Senate Bill 191 fixes a mistake made by legislators in 2016 when they inadvertently got rid of a. If Gov. Michelle Lujan Grisham signs Senate Bill 191, which she has indicated she will, all expenditures will have to be reported in the future, including the total of individual expenses under $100. Current law requires lobbyists to report expenses above $100 individually.
Oklahoma: Groups on Right, Left Oppose Proposed Grassroots Lobbying Rules
Oklahoma Watch – Paul Monies | Published: 1/24/2019
The Oklahoma Ethics Commission had been considering disclosure requirements for advocates who buy ads supporting or opposing legislation. But commissioners let the proposed indirect lobbying rule die without a vote after an outcry against it. Most of those against the proposal called it an infringement on free speech. Leaders of nonprofits involved in politics complained the disclosure requirements would drive away donors who want to remain anonymous. More than 3,200 people signed a petition against the proposal.
Oregon: Oregon Supreme Court Could Beat Gov. Brown to Campaign Finance Change
Oregon Public Broadcasting – Dirk Vanderhart | Published: 1/24/2019
Gov. Kate Brown says changes to Oregon’s campaign finance system are a priority in this year’s legislative session, but it is possible some of those changes will occur before she gets her chance. In a rare move, the Oregon Supreme Court agreed to fast-track a case that proponents hope will let the state limit campaign contributions. The move means the matter will skip over the Oregon Court of Appeals, where cases can languish for years and will be heard by the justices later this year. At issue is a set of campaign finance changes enacted by Multnomah County voters three years ago. The new rules placed a $500 ceiling on the checks that individual donors or PACs could give to candidates for county office, and they required disclosures of top donors for political advertisements, among other provisions.
Pennsylvania: Feds Indict Powerful Philly Union Boss, City Councilman, Others
Pittsburgh Post-Gazette – Maryclaire Dale (Associated Press) | Published: 1/30/2019
A powerful union boss with a tight grip on construction jobs in the Philadelphia region and outsized influence in city and state politics has been indicted in alleged schemes to embezzle more than $600,000 and have a councilperson on the union payroll do his bidding at City Hall. Johnny “Doc” Dougherty has steered tens of millions of dollars to political candidates in Pennsylvania during his tenure running the electricians union. According to the 116-count indictment, Dougherty pressed Comcast to steer $2 million worth of electrical work to a friend as the company negotiated the renewal of the city’s 15-year cable lease and had city Councilperson Bobby Henon investigate a towing company that seized Dougherty’s car., among other charges.
South Dakota: Lobbyist Can Return House Floor After Judge Issues Restraining Order
Rapid City Journal – Chris Huber | Published: 1/27/2019
The lobbyist who was banned from the South Dakota House floor can once again conduct business there after a federal judge granted her a temporary restraining order. Yvonne Taylor, executive director of the South Dakota Municipal League, alleged in a lawsuit that Speaker Steve Haugaard barred her from the House floor after she wrote a magazine column saying the number of “wackies” in the Legislature was increasing. U.S. District Court Judge Roberto Lange said both sides are working toward a settlement, but he granted to the temporary order to “avert immediate or irreparable injury” to Taylor while those discussions occur.
Texas: Dallas Lawyer’s Young Children Are Listed as Big Donors for 3 City Council Members
Dallas News – Corbett Smith | Published: 1/30/2019
Four young children are among Dallas’s biggest political donors. Over the past two years, the children of James Stanton, a former judge in Dallas County, donated a total of $11,000 to three city council members. Those contributions appear to skirt the city’s campaign finance rules, which set a $1,000 individual limit per election cycle for city council races. Charles Sartain, an attorney who specializes in election law, said Stanton’s donations are similar to when a boss distributes money he or she wants doled out for political contributions.
Texas: In the Texas House, They’re Seen as Lobbyists. In the Senate, They Sit at the Press Table.
Texas Tribune – Emma Platoff | Published: 1/28/2019
Empower Texans has worked to replace moderate Republicans with hardline conservatives. The organization and its PAC – which blur the lines between newsroom, lobbying firm, and PAC – have aimed to upend the political scene, with primary challenges and by-the-minute scorecards of lawmakers’ votes. This year, two employees of the Empower Texans’ reporting arm, Texas Scorecard, sit for the first time at the press table on the Senate floor. Aside from lawmakers, staff, and special guests, only journalists are allowed on the floor of the chamber. The media credentials are an opportunity for a group that tries to influence the process. And Empower Texans’ influence is notable. Last election cycle, the group’s PAC spent millions of dollars, a hefty amount going to the Senate and to its leader, Lt. Gov. Dan Patrick.
Utah: Who Funds Utah Legislators’ Campaigns? Special Interests Provide 82% of Money, While Voters in Lawmakers’ Own Districts Gave Only 6%.
Salt Lake Tribune – Lee Davidson | Published: 1/27/2019
Incoming Utah legislators collected only six percent of their campaign donations during the 2018 election year from voters who live in their districts. The lion’s share of contributions, 82 percent, came from special-interest groups or out-of-state donors, according to an analysis by The Salt Lake Tribune. As the Legislature convenes, the statistics again raise questions about how much influence wealthy donors and organized interests wield compared with run-of-the-mill Utah voters. Chase Thomas, executive director of the Alliance for a Better Utah, says he doubts big-donor groups buy any votes, but their money may improve their access to lawmakers to make their case for or against legislation.
January 30, 2019 •
Wednesday’s LobbyComply News Roundup
Campaign Finance New Mexico: “Campaign Finance Overhaul Clears Hurdle” by Dan McKay for Albuquerque Journal Elections Kentucky: “A Onetime Rising Democratic Star Faces Questions About Voter Privacy” by Daniel Desrochers (Lexington Herald-Leader) and Jessica Huseman for ProPublica Ethics Arizona: “GOP […]
Campaign Finance
New Mexico: “Campaign Finance Overhaul Clears Hurdle” by Dan McKay for Albuquerque Journal
Elections
Kentucky: “A Onetime Rising Democratic Star Faces Questions About Voter Privacy” by Daniel Desrochers (Lexington Herald-Leader) and Jessica Huseman for ProPublica
Ethics
Arizona: “GOP Maneuver Halts Effort to Oust Arizona Rep. David Stringer” by Howard Fischer (Capitol News Services) for Arizona Daily Star
Illinois: “FBI Secretly Recorded Mike Madigan at His Law Office Pitching Firm’s Services” by John Seidel, Tina Sfondeles, and Fran Spielman for Chicago Sun-Times
Legislative Issues
National: “All Red or All Blue, State Legislatures Run to Partisan Sides” by Timothy Williams (New York Times) for MSN
Lobbying
National: “Lawmakers Push Crackdown on Foreign Lobbyists” by Alex Gangitano for The Hill
Michigan: “Bill Targets Lawmakers’ Lobbyist Switchover” by Jonathan Oosting for Detroit News
Texas: “In the Texas House, They’re Seen as Lobbyists. In the Senate, They Sit at the Press Table.” by Emma Platoff for Texas Tribune
January 29, 2019 •
House Joint Resolution Introduced Eliminates Counting All Noncitizens During Census
On January 24, Rep. Warren Davidson introduced a resolution proposing an amendment to the U.S. Constitution providing members of the House of Representatives be apportioned among only U.S. citizens. House Joint Resolution 34, the Fair Representation Amendment, would eliminate the […]
On January 24, Rep. Warren Davidson introduced a resolution proposing an amendment to the U.S. Constitution providing members of the House of Representatives be apportioned among only U.S. citizens.
House Joint Resolution 34, the Fair Representation Amendment, would eliminate the practice of counting noncitizens during each census, counting only citizens for apportionment of representatives and electoral votes.
“Proper census calculations are needed to ensure that every citizen’s vote counts,” says Davidson in his press release. Davidson first introduced the legislation in the last Congress.
Currently, the census counts everyone residing in the U.S., including individuals employed, working, and residing legally in the country.
January 29, 2019 •
New York Enacts Election Reform
Gov. Andrew Cuomo signed three bills relating to elections and campaign finance on January 24. Assembly Bill 776 requires limited liability companies making expenditures for a political purpose to file with the State Board of Elections the identity of all […]
Gov. Andrew Cuomo signed three bills relating to elections and campaign finance on January 24.
Assembly Bill 776 requires limited liability companies making expenditures for a political purpose to file with the State Board of Elections the identity of all direct and indirect owners of the membership interests and the proportion of ownership in the LLC.
Assembly Bill 779 creates a consolidated statewide primary election date and changes the protocol for calling a special election.
Senate Bill 1102 enacts early voting in the state.
Assembly Bill 779 and Senate Bill 1102 are effective immediately, and Assembly Bill 776 is effective January 31.
January 25, 2019 •
News You Can Use Digest – January 25, 2019
National: Lawmakers Eye Changes to Ballot Measures – Passed and Future Governing – Alan Greenblatt | Published: 1/16/2019 Ballot measures have become a popular way to enact new policies, from minimum wage hikes and legalized marijuana to ethics reforms. But voter-approved measures are […]
Lawmakers Eye Changes to Ballot Measures – Passed and Future
Governing – Alan Greenblatt | Published: 1/16/2019
Ballot measures have become a popular way to enact new policies, from minimum wage hikes and legalized marijuana to ethics reforms. But voter-approved measures are meeting more pushback. Republican lawmakers in several states are fighting ballot measures on two fronts: as was the case following the 2016 election, they are trying to overturn provisions of some laws that voters just passed in November. They are also seeking legislative changes that would make it harder to pass in the future.
Federal:
BuzzFeed’s Stumble Is Highest-Profile Misstep at a Time When Press Is Under Greatest Scrutiny
Danbury News-Times – Paul Farhi (Washington Post) | Published: 1/19/2019
Reporters at the Guardian, CNN, McClatchy News, and other outlets have published disputed, suspect, or uncorroborated stories about President Trump and the investigation swirling around him since special counsel Robert Mueller began his probe. Each instance has elicited cries of “fake news” from the president and his supporters, stoking the claim that the mainstream media is biased and irresponsible. But these disputed stories have tended to be about distinct events or actions; they were effectively clues rather than conclusions about Trump’s potential criminality. BuzzFeed News’ apparently mistaken story about Michael Cohen and Trump was of a different nature and magnitude.
GOP Reaches Landmark Agreement to Juice Small-Dollar Fundraising
Politico – Alex Isenstadt | Published: 1/21/2019
President Trump’s political team and top Republican officials have reached an agreement to reshape the party’s fundraising apparatus and close the financial gap that devastated them in the midterms. With the deal, Republicans hope to create a rival to ActBlue, the Democratic online fundraising behemoth that plowed over $700 million in small-dollar donations into Democratic coffers in the 2018 campaign. Republicans agreed to create a new platform dubbed Patriot Pass, which will be used to cultivate and process online donations.
Law Firm Tied to Manafort Reaches $4.6 Million Settlement
apnews.com – Chad Day and Eric Tucker | Published: 1/17/2019
A prominent law firm that helped former Trump campaign chairperson Paul Manafort lobby on behalf of pro-Russian politicians in Ukraine agreed to pay more than $4.6 million and publicly acknowledge it failed to report its work for a foreign government. Skadden, Arps, Slate, Meagher & Flom admitted that in 2012 it acted as an agent of Ukraine by participating in a public relations campaign for a report it authored for that country’s government. The firm will register retroactively as a foreign agent. The Justice Department, which is charged with enforcing the Foreign Agents Registration Act, had largely turned a blind eye until Robert Mueller began charging Trump’s associates, including Manafort, who had built a lucrative business advising Russia-aligned politicians and wealthy business executives in Ukraine.
From the States and Municipalities:
California: Former California Lawmaker Registers as a Lobbyist After #MeToo Investigation
Sacramento Bee – Sophia Bollag | Published: 1/22/2019
A month after the California Assembly said he had likely violated its sexual misconduct policy, former Assemblyperson Sebastian Ridley-Thomas moved to return to the Capitol by registering as a lobbyist. The state’s online lobbying database shows he registered as a lobbyist with his firm Millennial Advisors, drawing criticism from anti-sexual harassment activists at the Capitol. Ridley-Thomas quit the Legislature in December 2017, citing health problems. Records released by the Assembly show at least two people accused him of harassment before he resigned. “We have made progress on #metoo issues in #caleg but a solution that does not include lobbyists is incomplete,” tweeted Adama Iwu, one of the lobbyists who started the We Said Enough movement.
California: With FBI Probe Looming, L.A. City Council Members Revive Plan to Limit Developer Donations
Los Angeles Times – Emily Alpert Reyes and David Zahniser | Published: 1/15/2019
Two years ago, Los Angeles City Council members called for a ban on political donations from real estate developers seeking city approval for their projects. That plan languished at City Hall and was tabled by the Ethics Commission before it officially expired. Now, with FBI agents conducting a corruption investigation into City Hall, council members have revived the idea. Under the proposal, real estate developers would be barred from giving to city candidates and officeholders once they have turned in an application that requires city approval or other action, provided the request involves building or adding more than 4,000 square feet of floor area for residential projects or 15,000 square feet for commercial projects.
Connecticut: $97 Million of Influence: Lobbyists are fixtures at the Capitol, pushing their message amid rules on gifts, perks, receptions
Hartford Courant – Josh Kovner | Published: 1/23/2019
Every January at the Connecticut Capitol, the lobbying effort revs up to a fever pitch and does not stop until the final roll call. This session, the race to gain an edge promises to be even more frenetic, propelled by highly charged issues like gun control and taxes. With a new governor and 40 new lawmakers, lobbyists will be scrambling just to make connections. While there are substantial restrictions on gifts from lobbyists to lawmakers, there is a sizable exception. A lobbyist can, from his or her personal account, give a legislator up to $1,000 for each of several “life events” per year, such as a wedding or birth. Each session, staffers in the Office of State Ethics school freshman legislators on the restrictions and reporting requirements.
District of Columbia: D.C. ‘Pay-to-Play’ Ban Closer to Becoming Law after Mayor Declines Veto
Washington Post – Peter Jamison | Published: 1/18/2019
Sweeping changes to campaign finance regulations in the District of Columbia are on track to become law after Mayor Muriel Bowser opted not to veto legislation passed by the city council. Among other provisions, the measure would ban campaign contributions from companies and their top executives if they hold or are seeking government contracts worth at least $250,000; give new authority and independence to the city’s Office of Campaign Finance; and require increased disclosure from independent expenditure committees.
Illinois: Contractor Challenges Illinois Campaign Finance Law
Courthouse News – Lorraine Bailey | Published: 1/18/2019
An Illinois law prohibiting government contractors from making campaign contributions is being challenged as unconstitutional after a public housing management firm lost a contract because its founder donated to Democratic gubernatorial candidates. The Habitat Company is a Chicago-based real estate firm that has managed a building called Lake Shore Plaza. Ellen Daley, Illinois’ chief procurement officer for general services, notified the company that its founder’s campaign contributions violated state law and required voiding a 2019 management contract for Lake Shore Plaza. Habitat sued to challenge Daley’s decision and the law banning government contractors or affiliated persons from making any contribution to a political committee of the officeholder responsible for awarding their contracts.
Michigan: Outgoing State Officials Turn to Lobbying Under Lax Michigan Rules
Detroit News – Jonathan Oosting | Published: 1/23/2019
At least seven former state officials and lawmakers in Michigan have registered as lobbyists or joined lobbying firms since leaving office at the end of 2018. The recent moves highlight that Michigan is among a minority of states that do not ban recent legislators, department heads, or executive branch officials from immediately taking paid jobs to lobby former colleagues. Restrictions in other states and Congress are designed to reduce ethical conflicts. Those include the potential for interest groups to promise future jobs to officials in exchange for preferential treatment while they are still in office. Michigan prohibits lawmakers from resigning to take lobbyist jobs during the term they had been elected to, but its lack of broader restrictions.
New York: Gov. Cuomo Signs Major Voting Reforms
Legislative Gazette – James Gormley | Published: 1/24/2019
New York Gov. Andrew Cuomo signed legislation that implements major changes to the state’s election and campaign finance laws. The new laws enact early voting in New York, synchronize state and federal elections, and allow 16- and 17-year-olds to pre-register to vote. One bill will close the so-called LLC loophole by limiting political spending by a limited liability company to a total of $5,000 annually, which is the same limit as corporations. It will also require the disclosure of direct and indirect membership interests in the LLC making a contribution, and for the donation to be attributed to that individual.
South Carolina: After Ethics Snafu, SC Lawmakers Move to Change How They Accept Gifts from Public
The State – Avery Wilks | Published: 1/23/2019
The South Carolina House moved to change its rules on accepting gifts from special interests and the public, two weeks after a donation of nearly 200 books to state lawmakers caused confusion about whether the gifts needed to be recorded on ethics filings. The new rule would prohibit anyone from dropping off gifts of any value in the House chamber. It also would require someone to get a lawmaker’s written signature before leaving any gift worth more than $25. The giver must also document with the state Ethics Commission any gift worth more than $25.
South Dakota: Lobbyist Files Suit Against South Dakota House Speaker
Sioux Falls Argus Leader – Jonathan Ellis | Published: 1/22/2019
Lobbyist Yvonne Taylor, executive director of the South Dakota Municipal League, filed suit against House Speaker Steve Haugaard after she says she was banned from the House floor for writing a critical column. According to her lawsuit, Haugaard took issue with a May column she wrote for the Municipal League’s membership magazine. Haugaard complained the column, which was published before the June primary election, made the Legislature look like “a bunch of buffoons.” Taylor complained that the number of “wackies” in the Legislature were increasing. The “wackies” oppose government and any taxation, even when groups that would pay added taxes or fees wanted them, Taylor said in the column.
Wisconsin: Judge: GOP can’t block liberal group’s Twitter comments
Charlotte Observer – Todd Richmond (Associated Press) | Published: 1/18/2019
Top Republicans in the Wisconsin Legislature violated the First Amendment when they blocked a liberal advocacy group from seeing their Twitter feeds, a federal judge ruled. U.S. District Court Judge William Conley’s decision marks One Wisconsin Now’s second legal victory in as many days over Assembly Speaker Robin Vos. Another federal judge struck down early-voting restrictions Vos and his fellow Republicans passed in a contentious lame-duck session in December. One Wisconsin Now and other groups had challenged those provisions days after former Gov. Scott Walker signed them into law.
January 23, 2019 •
Wednesday’s LobbyComply News Roundup
Campaign Finance National: “Mueller Wants to Know About 2016 Trump Campaign’s Ties to NRA” by Sara Murray for CNN Colorado: “Colorado Secretary of State Jena Griswold Takes Aim at ‘Massive Secret Political Spending’” by Alex Burness for Colorado Independent New […]
Campaign Finance
National: “Mueller Wants to Know About 2016 Trump Campaign’s Ties to NRA” by Sara Murray for CNN
Colorado: “Colorado Secretary of State Jena Griswold Takes Aim at ‘Massive Secret Political Spending’” by Alex Burness for Colorado Independent
New York: “With De Blasio in Debt, City Council Considers Bill to Allow ‘Legal Defense Trusts’” by Andrew Millman for Gotham Gazette
Elections
National: “Lawmakers Eye Changes to Ballot Measures – Passed and Future” by Alan Greenblatt for Governing
National: “Giuliani Now Says His Moscow Plan Remarks Were ‘Hypothetical’” by Seung Min Kim (Washington Post) for San Jose Mercury News
North Carolina: “North Carolina Judge Declines to Certify 9th District Congressional Race as Fraud Investigation Continues” by Amy Gardner for Washington Post
Legislative Issues
New Mexico: “New Session, New Faces in Roundhouse” by Dan McKay for Albuquerque Journal
Lobbying
Illinois: “Former Ald. Will Burns Fined $5,000 in Ethics Settlement” by Fran Spielman for Chicago Sun-Times
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