November 8, 2018 •
Utah Special Session to Address Medical Marijuana
This week, Utah voters passed Proposition 2 legalizing medical marijuana. The highly controversial ballot initiative caused Gov. Gary Herbert to announce his intention to call a special session on medical marijuana regardless of the outcome of this week. The proposition […]
This week, Utah voters passed Proposition 2 legalizing medical marijuana.
The highly controversial ballot initiative caused Gov. Gary Herbert to announce his intention to call a special session on medical marijuana regardless of the outcome of this week.
The proposition will go into effect on December 1, 2018, and Gov. Herbert’s office announced its intent this week to convene a special session shortly thereafter.
Under state law, an initiative passed by statewide vote can be amended by the legislature after it becomes law.
Gov. Herbert has already discussed changes and compromises with lawmakers and proponents of Proposition 2. This will be the state’s third special session this year.
November 8, 2018 •
Thursday’s LobbyComply News Roundup
Campaign Finance Arizona: “Arizona Voters OK Public Campaign Finance Change” by the Associated Press for Arizona Daily Star New York: “NYC Charter Amendments Win Approval from Voters” by Noah Manskar for New York City Patch Oregon: “Portland Voters Pass Campaign […]
Campaign Finance
Arizona: “Arizona Voters OK Public Campaign Finance Change” by the Associated Press for Arizona Daily Star
New York: “NYC Charter Amendments Win Approval from Voters” by Noah Manskar for New York City Patch
Oregon: “Portland Voters Pass Campaign Finance Limits” by Amelia Templeton for Oregon Public Broadcasting
Elections
National: “Democrats Oust Walker in Wisconsin and Kobach in Kansas but Fall Short in Florida and Ohio” by Adam Nagourney, Sydney Ember, and Patricia Mazzei (New York Times) for WRAL
National: “Three Candidates Indicted on Felony Fraud Charges Survive Midterms. One Just Barely.” by Meagan Flynn for Washington Post
National: “Midterm Elections: Democrats flip House as GOP expands Senate majority” by David Fahrenthold, Isaac Stanley-Becker, and Elise Viebeck for Washington Post
Ethics
National: “Sessions’s Ouster Throws Future of Special Counsel Probe into Question” by Rosalind Helderman, Matt Zapotosky, and Carol Leonnig for Washington Post
Missouri: “Amendment 1: Voters strongly support Clean Missouri redistricting plan, ethics reform” by David Reynolds, Thomas Oide, and Tessa Weinberg for Columbia Missourian
New Mexico: “New Mexico Voters OK Ethics Commission” by Associated Press for KRWG
North Dakota: “Aimed at Combating Corruption, North Dakota Voters Pass Measure 1” by Tu-Uyen Tran for Dickinson Press
Legislative Issues
Utah: “Voters Favor Proposed Constitutional Amendment Empowering Lawmakers to Call Themselves into Special Session” by Dan Harrie for Salt Lake Tribune
Redistricting
National: “Anti-Gerrymandering Reforms Sweep the Nation Tuesday” by Shawn Griffiths for IVN
November 6, 2018 •
Tuesday’s LobbyComply News Roundup
Ethics National: “Far-Right Internet Groups Listen for Trump’s Approval, and Often Hear It” by Kevin Roose and Ali Winston for MSN National: “Supreme Court Allows Trial on Census Citizenship Question to Go Forward” by Robert Barnes (Washington Post) for Chicago […]
Ethics
National: “Far-Right Internet Groups Listen for Trump’s Approval, and Often Hear It” by Kevin Roose and Ali Winston for MSN
National: “Supreme Court Allows Trial on Census Citizenship Question to Go Forward” by Robert Barnes (Washington Post) for Chicago Tribune
National: “Next-in-Line Mueller Supervisor Got White House Ethics Waiver in April” by Darren Samuelsohn for Politico
National: “Judge Denies Trump Request to Stay Emoluments Suit, Could Allow Plaintiffs to Seek Details on Hotel’s Foreign Customers” by Jonathan O’Connell, Anne Marimow, and David Fahrenthold (Washington Post) for Chicago Tribune
Missouri: “As Sanders Heads to Prison, a Political Rival Files Suit Accusing Him of Dirty Tricks” by Mike Hendricks for Kansas City Star
Legislative Issues
National: “Laws and Disorder” by Paul Kane (Washington Post) and Derek Willis for ProPublica
Lobbying
National: “Lobbyists Hit Campaign Trail to Help Old Bosses, Earn ‘a Little Bit of Currency’” by Theodoric Meyer for Politico
National: “Almost Two Years into Trump Presidency, Pentagon’s Revolving Door Still Spins” by Aaron Gregg for Washington Post
November 2, 2018 •
U.S. Virgin Islands Announces Special Election
Lawmakers convened and adjourned two special sessions regarding a proposal for tuition-free college education and to vote on a reapportionment initiative. The Legislature approved Bill 32-0329 to schedule a special election for March 30, 2019. The election will allow voters […]
Lawmakers convened and adjourned two special sessions regarding a proposal for tuition-free college education and to vote on a reapportionment initiative.
The Legislature approved Bill 32-0329 to schedule a special election for March 30, 2019.
The election will allow voters to decide whether to restructure the Legislature to create smaller district senators and increase the number of at-large senators.
November 2, 2018 •
News You Can Use Digest – November 2, 2018
National: ‘My Comrades Will Kill You’: Pipe bombs sent in year of many death threats against politicians Governing – Alan Greenblatt | Published: 10/25/2018 Political violence has dominated the news recently, with pipe bombs mailed to CNN’s New York office […]
National:
‘My Comrades Will Kill You’: Pipe bombs sent in year of many death threats against politicians
Governing – Alan Greenblatt | Published: 10/25/2018
Political violence has dominated the news recently, with pipe bombs mailed to CNN’s New York office and prominent Democrats, as well as liberal donor George Soros and actor Robert De Niro. Threats of violence have become commonplace in American politics. New Jersey Rep. Jay Webber, a Republican candidate for Congress, received a note calling him a liar and a “scumbag” and threatening him and his children. “You BETTER hope that you don’t win! Or else,” the note read. “How many kids do you have…7? Unlucky 7. This is what we think of you. Time to get out of politics!” In a year when record numbers of women are running for office, many have been harassed or become targets of sexist or threatening remarks.
Voters Could Clamp Down on Ethics, Campaign Finance at The Ballot Box
National Public Radio – Peter Overby | Published: 10/30/2018
Voters in more than a dozen states will consider ballot measures on November 6 that would affect ethics and campaign finance reform. Some of the initiatives would exceed federal standards, which have been steadily relaxed by the U.S. Supreme Court. Congress last passed a major campaign finance bill in 2001. “It’s telling that we have so many challengers for Congress that are running on this issue,” said Larry Norden of New York University’s Brennan Center for Justice. “But to get real change now, the only way to do that is at the local and the state level.”
Federal:
How ActBlue Is Trying to Turn Small Donations into a Blue Wave
Center for Public Integrity – Carrie Levine and Chris Zubak-Skees | Published: 10/25/2018
ActBlue, a nonprofit whose online fundraising tools have been used to varying degrees by nearly every Democrat running for Congress, says it has raised more than $2.9 billion for Democrats and progressive organizations since its founding in 2004. September 2018 was the biggest month in its history. Donors are using the platform to reshape the map of competitive races this year, becoming a powerful force that could sway Democratic politics beyond November’s election.
Mueller Refers Sex Misconduct Scheme Targeting Him to FBI for Investigation
NBC News – Brandy Zadrozny, Ben Collins, and Tom Winter | Published: 10/30/2018
Special counsel Robert Mueller has asked the FBI to investigate an alleged scheme to manufacture sexual assault stories about him. At issue is an email widely circulated among journalists from someone who claimed she had been approached with an offer to pay her tens of thousands of dollars if she would answer questions about Mueller and then sign a sworn affidavit accusing him of sexual misconduct and workplace harassment. The plot appeared to be the latest, and one of the more bizarre, in a string of attempts by supporters of President Trump to discredit Mueller’s investigation as a hoax and a witch hunt.
From the States and Municipalities:
Alaska: Begich Spent Four Years as a Consultant. As Governor, He Could Sign Bills Affecting Former Clients.
KTOO – Nathaniel Herz | Published: 10/30/2018
For nearly four years, Mark Begich has owned a public affairs and consulting firm, Northern Compass Group, which has worked with clients that intersect with both state and federal government. If Begich is elected as Alaska’s governor on November 6, he will likely be faced with decisions that will directly affect the businesses, unions, and Native organizations that have been paying his business for advice. Alaska politicians often emerge from the worlds of public policy and business, and Begich is far from the first with potential for conflicts. Begich’s work is significant, though, because of the number of clients he has had, as well as the recentness of his work, said state Rep. Jason Grenn, who helped lead a successful push for legislative ethics reforms this year.
Arizona: Arizona Commissioner Andy Tobin Texted APS Lobbyists Frequently, Including About Open Rate Case
Energy Policy Institute – David Pomerantz | Published: 10/29/2018
Arizona Corporation Commission (ACC) member Andy Tobin exchanged text messages throughout 2018 with lobbyists from Arizona Public Service (APS), often to complain about negative media coverage of APS’ rate increase requests before the commission. On one occasion, Tobin asked an APS lobbyist whether the utility had a “public information strategy planned” to combat negative media coverage of a rate increase request while the case was still pending before Tobin and the commission. The ACC, which is supposed to regulate APS in the public’s interest, has been embattled by scandals for the past four years, ever since two non-profit “dark money” organizations spent $3 million on the ACC elections in 2014. APS never confirmed nor denied being the source of that money.
Maine: Pro-Offshore Oil Group Chaired by LePage Is Run by Energy Lobbyists
Biddeford Journal Tribune – Colin Woodward (Portland Press Herald) | Published: 10/28/2018
A coalition of governors headed by Maine Gov. Paul LePage that seeks to open most federal waters to oil and gas exploration is staffed by employees of an oil industry lobbying firm. The Outer Continental Shelf Governors Coalition, which LePage joined in 2015 and has chaired for the past two years, outsources its day-to-day staffing, research, and communications tasks to an advocacy group purporting to represent energy consumers. But a closer look at the group, the Consumer Energy Alliance, reveals it is funded by energy producers and staffed and run by senior officials of HBW Resources, an energy-focused lobbying and consulting firm.
Maryland: Question G Would Undercut Independence of Baltimore Ethics Board, Chairwoman Says
Baltimore Brew – Mark Ruettner | Published: 10/31/2018
Question G on the November ballot in Baltimore would tether the director of Legislative Reference to the mayor and city council president. The director of Legislative Reference is also the chief advisor to the city Board of Ethics. By making the director an “at will” employee of Mayor Catherine Pugh and Council President Bernard Young, as Question G does, that same employee is placed in a very awkward position on the ethics board. “Our director may be faced with having to handle an ethics complaint against one of the two people who appointed him,” said board Chairperson Linda Pierson.
Montana: How Big Sky Country Became the Front Line in a Long Battle Over Dark Money
Yahoo! News – Christa Case Bryant | Published: 10/29/2018
Two women are central figures in a fight in Montana over money in politics, one that may well set the tone for the rest of the nation. Jamie MacNaughton is the sole lawyer at the office of the Commissioner of Political Practices, which is tasked with enforcing Montana’s strict campaign finance laws. She is helping to prepare two cases under consideration by the U.S. Supreme Court. Anita Milanovich serves as the Montana outpost for the Bopp Law Firm, which is led by the preeminent lawyer fighting campaign finance regulations across the country. Now the firm is pursuing the legal cases against MacNaughton’s office.
Oklahoma: Legislators Act As ‘Super Donors,’ Sending Their Own Donors’ Cash to Other Candidates
KGOU – Trevor Brown (Oklahoma Watch) | Published: 10/30/2018
A review of contributions in Oklahoma found sitting lawmakers and legislative candidates’ campaigns have given more than $746,000 to other legislative candidates since January 1, 2016. About 75 percent of the money came from about a dozen Republican and Democratic legislators, almost all of whom hold or have held leadership positions. The sharing of contributions means these lawmakers act as de facto “super donors,” or at least bundlers, who dole out thousands of dollars to candidates running in a wide range of races. The large amounts of circulating cash have raised concerns at the Oklahoma Ethics Commission, which is examining a possible rule change, still being drafted, that would block candidates from transferring campaign funds to other candidates.
Pennsylvania: State Rep. Vanessa Brown Guilty on All Counts; Took $4,000 Bribe in Sting
Philadelphia Inquirer – Craig McCoy | Published: 10/31/2018
A jury convicted Pennsylvania Rep. Vanessa Lowery Brown of charges she accepted $4,000 in cash from an undercover informant. Brown was the last defendant in an ambitious and controversial sting investigation launched by state prosecutors nearly a decade ago but secretly ended by then-state Attorney General Kathleen Kane. The guilty verdict represented the most dramatic repudiation yet of Kane’s criticism of the sting, which she had contended could not produce winnable cases in court. Under the law, Brown, who is running unopposed in the November 6 election, will also be barred from her House post upon her sentencing.
South Carolina: SC Rep. Harrison Found Guilty in Public Corruption Case, Gets Prison Sentence
Greenville News – John Monk (The State) | Published: 10/27/2018
A jury found former South Carolina Rep. Jim Harrison guilty of perjury and misconduct in office, marking the fifth conviction of a legislator in the past four years and capping off the first trial to come out of the high-profile probe into corruption in the statehouse. Prosecutors accused Harrison of secretly profiting from an influential consulting firm that pleaded guilty to illegal lobbying earlier this year. That firm, Richard Quinn & Associates, has been at the center of the five-year corruption investigation because of its once sprawling network of lawmakers, lobbying interests, and corporate clients. Harrison, the former chairperson of the House Judiciary Committee, was sentenced to 18 months in prison.
West Virginia: For a Groundbreaking Candidate in West Virginia, Big Money and Attention Come with Downsides
Washington Post – Greg Jaffe | Published: 11/1/2018
Back when his campaign had raised just $7,000, when just about anyone who knew anything about politics gave him zero chance of winning, West Virginia Sen. Richard Ojeda decided to make a campaign video for his run for Congress. The pivotal moment for Ojeda came near the end of the shoot when he gave out his personal cell phone number. Ten months later, Ojeda was driving past burned-out houses and abandoned storefronts in the coal town where he had spent his childhood and still lived. The polls had him neck and neck with his Republican opponent. It was 21 days until the election and his cellphone was now ringing 100 times a day with calls from all over the United States and the world. At a moment in American politics when authenticity is everything, Ojeda is being hailed as an unpolished, authentic voice.
Wisconsin: Last-Minute Surprises and Secretive Moves Hide Wisconsin Lawmakers’ Actions from Public View
Wisconsin Public Radio – CV Vitolo-Haddad and Dee Hall (Wisconsin Center For Investigative Journalism) | Published: 10/29/2018
Since voters swept Republicans into power in 2010, Wisconsin lawmakers have increasingly used secretive maneuvers to keep the public in the dark about major spending and policy changes. An investigation found the Legislature systematically diminishes the voices of the public by Introducing budget amendments at the end of the approval process with no public notice or debate; approving anonymous, last-minute budget motions containing changes, including major policy items that have nothing to do with state spending; and altering the scope and impact of a bill after its public hearing has been held, which excludes citizens from having influence on legislation before it is enacted. When Democrats controlled the Legislature and governor’s office they played that game, too, notably with their own end-of-the-session wrap-up budget bills of anonymously authored items.
October 30, 2018 •
Tuesday’s LobbyComply News Roundup
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 […]
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
October 18, 2018 •
Thursday’s LobbyComply News Roundup
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 […]
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
October 5, 2018 •
News You Can Use – October 5, 2018
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 […]
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.
September 28, 2018 •
News You Can Use – September 28, 2018
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 […]
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.
September 26, 2018 •
Wednesday’s LobbyComply News Roundup
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 […]
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
September 21, 2018 •
News You Can Use – September 21, 2018
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 […]
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.
September 17, 2018 •
Missouri Ethics Reform Ballot Initiative in Jeopardy
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 […]
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.
September 14, 2018 •
News You Can Use – September 14, 2018
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 […]
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.
September 7, 2018 •
Amendment to Colorado Constitution Added to November Ballot
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 […]
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.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.