The Maine Legislature adjourned sine die on May 2, 2018. The session adjourned 14 days after statutory adjournment, or April 18, leaving key bills on the floor.

House Speaker Sara Gideon attempted to extend the session by four days, but House Republicans voted against the Joint Order.

The Legislature failed to pass bills involving public school funding, wage hikes for direct-care workers, and a bill aligning Maine’s tax code to new federal law.

Some lawmakers are hoping for a special session to address these issues.

National:

Crimes Are No Longer a Disqualification for Republican Candidates
San Francisco Chronicle – Michael Scherer (Washington Post) | Published: 5/1/2018

Criminal convictions, once seen as career-enders, are no longer disqualifying in the world of Republican politics. In the era of President Trump, even time spent in prison can be turned into a positive talking point, demonstrating a candidate’s battle scars in a broader fight against what he perceives as liberal corruption. Trump has attacked some branches of law enforcement, especially those pursuing white-collar malfeasance, as his allies and former campaign officials are ensnared in various investigations. Following his lead, Republican Senate candidates with criminal convictions in West Virginia and Arizona have cast themselves as victims of the Obama administration’s legal overreach.

Federal:

Democratic Sen. Robert Menendez Is ‘Severely Admonished’ by Ethics Committee, Ordered to Repay Gifts
Chicago Tribune – Mike DeBonis (Washington Post) | Published: 4/26/2018

The Senate Ethics Committee “severely admonished” U.S. Sen. Robert Menendez for accepting gifts from a wealthy physician while using his position as a senator to promote the doctor’s personal and financial interests. It also ordered Menendez to repay the market value of all improper gifts he has not already repaid. The admonition stems from the same actions for which Menendez was indicted. His trial ended with a deadlocked jury and the federal government decided not to retry Menendez. In its letter of admonition, the Ethics Committee acknowledged the lack of a conviction at trial, but wrote, “The criminal system … neither enforces nor supplants the Senate’s rules or standards of conduct ….”

Giuliani: Trump repaid attorney Cohen for Stormy Daniels settlement
MSN – Devlin Barrett, Robert Costa, and Josh Dawsey (Washington Post) | Published: 5/2/2018

Former New York City Mayor Rudy Giuliani said President Trump reimbursed his personal attorney Michael Cohen the $130,000 paid to adult-film actress Stormy Daniels to stay quiet about their alleged affair before the 2016 election. The comments by Giuliani, who recently joined Trump’s legal team, contradicted a previous statement by the president, who has said he did not know about the payment. Giuliani said Trump had repaid Cohen over a series of months, and the repayments were to ensure there was no campaign finance violation. Giuliani’s comments are also in direct contrast to what Cohen has been saying for months – that he used his own money to pay Daniels.

Lobbyist Helped Broker Scott Pruitt’s $100,000 Trip to Morocco
Los Angeles Times – Kevin Sullivan, Juliet Eilperin, and Brady Dennis (Washington Post) | Published: 5/1/2018

Environmental Protection Agency Administrator Scott Pruitt is facing new criticism after it was revealed his controversial trip to Morocco was partially arranged by a lobbyist and cost $100,000, more than double what was previously reported. Richard Smotkin, a former Comcast lobbyist who is a longtime friend of Pruitt, accompanied him on the trip and served as a liaison. Smotkin’s role in the trip is unusual and could pose more problems for Pruitt since federal laws prohibit public officials from using government resources to financially benefit friends or relatives. Months after the visit, Smotkin registered as a foreign agent representing the Moroccan government after taking a contract with the country.

From the States and Municipalities:

Arkansas: Wilkins, Former Arkansas Legislator, Pleads Guilty to Bribery
Arkansas Business – Jan Cottingham | Published: 4/30/2018

Former Arkansas lawmaker Henry Wilkins pleaded guilty to accepting over $80,000 in bribes. Wilkins admitted that from 2010 to 2014, he accepted bribes from lobbyists and non-profit organizations. In exchange for the cash, Wilkins said he fixed shell bills, sponsored full bills, and voted for legislation. About $245,000 from Arkansas’ General Improvement funds were steered towards entities that funneled bribes to Wilkins through his church, where he served as pastor, the Justice Department said.

District of Columbia: Anti-Semitic Conspiracy Theories Roil DC City Government
Associated Press – Ashraf Khalili | Published: 5/2/2018

A spiraling controversy over anti-Semitic comments and conspiracy theories has roiled the government in the District of Columbia, seemingly getting worse with every public attempt to ease the tensions. The issue nearly derailed a city council meeting and resulted in the resignation of a city official who organized a disastrous “unity rally” that featured a speaker who called all Jewish people “termites.” Councilperson Trayon White ignited a firestorm by posting a short video on his Facebook page claiming an unexpected snowfall was because of “the Rothschilds controlling the climate to create natural disasters.”

Georgia: Georgia Governor Candidate Aims Gun at Teen in Campaign Ad. ‘Get Over It,’ He Tells Critics.
Chicago Tribune – Samantha Schmidt (Washington Post) | Published: 5/2/2018

A commercial for a Republican candidate in Georgia’s gubernatorial race, which features the politician holding a shotgun while seated next to a teenage boy, is drawing condemnation for what critics see as a casual attitude toward gun violence.  In the ad, Georgia Secretary of State Brian Kemp sits with a double-barrel shotgun, which he appears to be cleaning as he holds it across his lap with the action open. Seated next to Kemp is “Jake,” a young man interested in one of Kemp’s daughter’s. Kemp asks Jake the two keys to dating one of his daughters. “Respect, and a healthy appreciation for the Second Amendment,” Jake responds as Kemp pops the break-action closed with a click.

Massachusetts: Massachusetts Sen. Stan Rosenberg Resigns After Ethics Report Says He Failed to Protect State Senate from His Husband Bryon Hefner
MassLive.com – Gintautas Dumcius and Shira Schoenberg | Published: 5/3/2018

Massachusetts Sen. Stan Rosenberg will resign after a report said he failed to protect the Senate from his husband, Bryon Hefner, who has been accused of sexual misconduct. Rosenberg stepped down as Senate president when the allegations first surfaced. Investigators concluded Rosenberg showed “significant failure of judgment and leadership,” and knew or should have known that his now-estranged husband was “disruptive, volatile and abusive,” and had racially or sexually harassed employees of the Senate. The report did not accuse Rosenberg of breaking any chamber rules, though it did say he violated policy by giving Hefner access to his Senate email account despite a promise to his colleagues he would build a “firewall” between his personal and professional life.

Michigan: Michigan Lawmakers Voted on Bills Even After Admitting Conflicts of Interest
Center for Public Integrity – Kristian Hernandez | Published: 4/24/2018

A Center for Public Integrity analysis found seven Michigan legislators who voted on bills even when they publicly noted their own conflicts-of-interest in the matters. Currently, the penalties for voting when a conflict exists are modest., and seemingly unused. But a new bill introduced this session would make voting on such conflicts-of-interest a felony punishable by a fine of up to $5,000 and as much as four years in prison, which would make Michigan stricter than some states. But some officials say conflicts-of-interest are not a concern to their constituents, and the efforts to regulate them are just a ploy used for political attacks. Other officials and watchdogs say the measure falls short in fixing the transparency and accountability issues.

Minnesota: Allegations Against Minnesota Rep. Rod Hamilton Pose Big Test for New House Sexual Harassment Policy
Minnesota Post – Brianna Bierschbach | Published: 4/27/2018

Within 24 hours of Minnesota lawmakers adopting major changes to the House’s internal sexual harassment policy, that new policy is facing a big test as a woman filed a police report accusing state Rep. Rod Hamilton of sexual assault. Hamilton allegedly invited the woman back to his apartment near the Capitol during a snowstorm and “stroked her hair, traced her ear with his finger, kissed her cheek and held her hands and hugged her.” The woman first met Hamilton through her work advocating for sexual assault victims in Minnesota. Hamilton’s case deals with the question of how the chamber will handle an incident that involves a third party: someone who does not directly work for the House and Senate.

Montana: En Banc 9th Circuit Stays Out of War on Montana Campaign Caps
Coiurthouse News Service – John Parton | Published: 5/2/2018

Montana’s campaign contribution limits will stay in place for the June 5 primary elections after a federal appeals court decided against revisiting the issue. The Ninth U.S. Circuit Court of Appeals said it would not reconsider its October ruling upholding the contribution limits for state races. The decision is part of a long-running lawsuit over claims that Montana’s limits are so low that they restrict donors’ free-speech rights. The Ninth Circuit ruled he limits prevent corruption or the appearance of corruption.

North Carolina: Steak Dinners, Travel, HOA Fees: How some NC legislators spend campaign donors’ money
Charlotte Observer – Will Doran and Lynn Bonner | Published: 4/25/2018

State campaign finance law allows North Carolina legislators to use donations to pay expenses that come along with being a lawmaker. They can use campaign contributions for housing, travel, and other expenses associated with working as lawmakers and spending part of the week in Raleigh. Spending on suits and other personal items is allowed for legislators who would otherwise have no need for them. Bob Phillips, executive director of Common Cause North Carolina, said it is up to each state candidate to determine whether spending from campaign accounts on personal items could withstand scrutiny from constituents. Use of campaign funds for living expenses points to the inadequacy of legislator pay, Phillips said.

Oklahoma: Chairman of Oklahoma Ethics Commission Accuses Legislators of Retaliation
The Oklahoman – Nolan Clay | Published: 5/1/2018

Oklahoma Ethics Commission Chairperson John Hawkins accused legislators of retaliating against the agency by illegally cutting its budget. Hawkins said lawmakers took the action because of new restrictions imposed on gift-getting and on becoming a lobbyist after leaving office. The commission is not getting any money next fiscal year from the state’s general revenue fund. Instead it is being required to use $710,351 from a fund made up of fees collected from lobbyists, candidates, political parties, and PACs. The commission is meeting May 11 and may decide to file a legal challenge. It contends the state constitution requires the Legislature to appropriate funds to the agency.

South Carolina: South Carolina Lawmakers Getting Help on Following State Ethics Laws
Charleston Post and Courier – Seanna Adcox (Associated Press) | Published: 4/28/2018

While the House Ethics Committee has issued official opinions since its creation in 1991, the questions have skyrocketed in the last few years as South Carolina legislators sought to avoid their colleagues’ fate in an ongoing probe into statehouse corruption. Auditing by a firm newly hired in 2016 also helps ensure House members are following the ethics laws that many of them helped craft. Ethics Committee Chairperson Mike Pitts insists his efforts have nothing to do with the corruption probe. He said he does want to help legislators clear up mistakes on their campaign disclosure reports “that could be troublesome.”

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

Campaign Finance

Canada: “B.C. Closes ‘Loophole’ in Municipal Campaign Finance Laws” by Frances Bula for Globe and Mail

National: “Meet the Little-Known ‘Big Fish’ Megadonor Setting the Tone for GOP Primary Races” by Michelle Ye Hee Lee and Michael Scherer for Northwest Herald

Pennsylvania: “Contractor’s Political Contribution Returned Due to Lehigh County Pay-to-Play Law” by Tom Shortell for Allentown Morning Call

Ethics

National: “With Congress Stalled on Sexual Harassment Legislation, Lawmakers Can Escape Sanctions by Quitting” by Deidre Shesgreen for USA Today

Ohio: “Former Councilman Joe Cimperman Agrees to Plead Guilty to Ethics Charges, Pay Fine” by Corey Shaffer for Cleveland Plain Dealer

South Carolina: “South Carolina Lawmakers Getting Help on Following State Ethics Laws” by Seanna Adcox (Associated Press) for Charleston Post and Courier

Legislative Issues

Minnesota: “Allegations Against Minnesota Rep. Rod Hamilton Pose Big Test for New House Sexual Harassment Policy” by Brianna Bierschbach for Minnesota Post

Lobbying

National: “EPA Watchdog Opens Probe of Scott Pruitt’s $50 Condo Rental” by Jennifer Dhouly for Bloomberg.com

Texas: “Committee Fails to Endorse Lobbying Rules Changes” by Jo Clifton for Austin Monitor

Campaign Finance

National: Did Diamond and Silk Commit Perjury? Or Is Campaign-Finance Language Often Confusing? by Philip Bump for Washington Post

California: Hackers Stole His Campaign Cash, Sacramento Lawmaker Says by Taryn Luna for Sacramento Bee

North Carolina: Steak Dinners, Travel, HOA Fees: How some NC legislators spend campaign donors’ money by Will Doran and Lynn Bonner for Charlotte Observer

Ethics

National: Democratic Sen. Robert Menendez Is ‘Severely Admonished’ by Ethics Committee, Ordered to Repay Gifts by Mike DeBonis for Washington Post

Florida: Boca Raton Mayor Susan Haynie Hid $335,000, Charges Allege by Skyler Swisher and Tonya Alanez for South Florida Sun Sentinel

Michigan: Michigan Lawmakers Voted on Bills Even After Admitting Conflicts of Interest by Kristian Hernandez for Center for Public Integrity

Legislative Issues

Minnesota: Minnesota House Leaders Unveil Major Changes to Sexual Harassment Policy, but Updates Won’t Make Process Any More Open to Public by Brianna Bierschbach for Minnesota Post

Lobbying

National: Democrats See Their Stock Rise on K Street by Megan Wilson for The Hill

Canada: MPs Defend Taking Trips Paid by Lobbyists, Foreign Governments, but Some Say the Practice Needs Review by Samantha Wright Allen for Hill Times

National:

For Politicians Scraping Bottom, a Scarce Resource: Impeachment Lawyers
New York Times – Alan Blinder | Published: 4/22/2018

There are only a handful of lawyers who have helped shepherd governors and lawmakers through the trauma of a possible impeachment. Despite the high stake, the nation’s statehouse impeachment bar is made of up just a few battle-tested lawyers who have improvised legal strategies largely on history and hunches. An impeachment, lawyers who have worked on such proceedings around the country agree, is a political process imbued with law, where electoral rivalries and ambitions uncomfortably share the stage with talk of traditions and procedures. Ross Garber, after representing besieged governors in Alabama, Connecticut, and South Carolina, has arguably become the nation’s leading practitioner of a subspecialty whose relevance can be a barometer of political rancor.

Federal:

Lobbyist Whose Wife Rented to Pruitt Lobbied EPA Despite Denials
Politico – Theodoric Meyer and Eliana Johnson | Published: 4/20/2018

The lobbyist whose wife rented Environmental Protection Agency (EPA) Administrator Scott Pruitt a room in a Capitol Hill condominium for $50 a night helped arrange a meeting at the agency related to restoration of the Chesapeake Bay. Dennis Treacy, a former Smithfield Foods executive who now sits on the board of the Smithfield Foundation, first reached out to an official in EPA’s Office of Intergovernmental Relations to arrange the session as part of his role as the Chesapeake Bay Commission’s citizen representative. Subsequently, Williams & Jensen Chairperson J. Steven Hart – whose wife was then renting a room to Pruitt – called the administrator’s aides to encourage them to take the meeting.  Hart has said he is resigning from the firm over the matter.

Mulvaney Backlash May Drive Political Money Changes
Roll Call – Kate Ackley | Published: 4/26/2018

Mick Mulvaney, the White House budget chief and interim director of the Consumer Financial Protection Bureau, told banking executives that as a member of Congress he always met with constituents, but never out-of-town lobbyists unless they gave him campaign money – part of an exhortation to the bankers to push their agenda on Capitol Hill. “If you’re a lobbyist who never gave us money, I didn’t talk to you; if you’re a lobbyist who gave us money, I might talk to you,” Mulvaney said at an American Bankers Association conference. Campaign finance watchdogs and their allied lawmakers are seizing on the dustup to advance both long-shot legislative changes as well as voluntary ones, such as lawmakers refusing donations from PACs or registered lobbyists.

From the States and Municipalities:

California: O.C. Anti-Corruption Task Force Collapsed Amid Infighting Between Federal and Local Investigators
Los Angeles Times – Adam Elmahrek and Richard Winton | Published: 4/17/2018

In the wake of a grand jury report declaring that misconduct was “actively festering” in local government, Orange County created a corruption task force. But nearly four years after it began, the operation quietly fell apart last year amid conflicts between local and federal investigators who had little to show for their work together, according to a Los Angeles Times investigation. Sources said federal agents harbored suspicions about supervisors in the district attorney’s office seeking information about separate FBI corruption probes. And officials clashed over separate inquiries into the mayor of Santa Ana. The end of the task force marks the latest setback in a county where attempts to target corruption have often run into apathy or outright resistance from political leaders.

Colorado: U.S. Rep. Doug Lamborn Should Be Kept Off the 2018 Ballot, Colorado Supreme Court Rules
Denver Post – Jesse Paul, Mark Matthews, and John Frank | Published: 4/23/2018

The Colorado Supreme Court ruled U.S. Rep. Doug Lamborn cannot appear on the ballot in the 2018 Republican primary. The justices said Ryan Tipple, one of the petitioners Lamborn hired to collect the required signatures to qualify, was not a bona fide resident of Colorado, which is required by election law, making the signatures invalid. “We recognize the gravity of this conclusion, but Colorado law does not permit us to conclude otherwise,” the court said. Lamborn’s campaign indicated he would challenge the ruling in federal court.

Maryland: Baltimore City Council Bill Would Tighten Restrictions on Lobbyists, Require Forms Go Online
Baltimore Sun – Luke Broadwater | Published: 4/23/2018

Baltimore City Councilperson Zeke Cohen introduced a bill that would tighten restrictions on lobbyists. The Transparency in Lobbying Act would require lobbyists to identify who they are to city government officials and file quarterly disclosure reports. It also would require the ethics board to post the disclosure reports online within 30 days of their filing and consider a three-year ban for lobbyists who violate the law. Cohen said he has experienced frustration trying to figure out whom the lobbyists approaching him represent.

Michigan: Trash Titan Chuck Rizzo Gets 5½ Years: ‘I’ve let many people down’
Detroit Free Press – Tresa Baldas | Published: 4/23/2018

Fallen trash mogul Chuck Rizzo will spend 66 months in prison for bribing politicians and stealing money from the garbage-hauling firm he built into a regional powerhouse. Rizzo is one of the central figures in a widespread corruption scandal that ensnared Macomb County politicians, fellow businessperson Gasper Fiore, and Detroit police officers. Prosecutors said Rizzo bribed public officials in at least four communities to win lucrative contracts and embezzled $900,000 from his company and investors to line his own pockets.

Missouri: Greitens Charged with Second Felony After AG Investigation into Veterans Charity
Kansas City Star – Jason Hancock, Allison Kite, and Bryan Lowry | Published: 4/20/2018

Missouri Gov. Eric Greitens was indicted for illegally obtaining a donor list from a veterans charity he founded and using it to raise money for his 2016 campaign, a new blow to Greitens in a deepening political and sex scandal that has threatened his grip on the governor’s office. He was charged with one felony count of tampering with computer data in connection with the donor list. The charge dates back to actions prosecutors say took place in April 2015, when Greitens, a former Navy SEAL, was running for governor and serving on the board of directors for The Mission Continues. According to the charging document, Greitens directed an employee of the charity to take a list of donors from The Missouri Continues.

New Jersey: Video Shows Port Authority Commissioner Telling Cops: ‘You may shut the f— up!’
Newark Star-Ledger – Ted Sherman (NJ Advance Media) | Published: 4/24/2018

A Port Authority of New York and New Jersey commissioner who abruptly resigned had been caught on camera delivering an expletive-laced tirade to police officers during a traffic stop. The Tenafly Police Department released the video showing Caren Turner attempting to leverage her influence, talking about who she knew, and complaining the police had “ruined” a holiday weekend with the stop of her daughter and three friends. The video also shows her becoming increasingly agitated with the responding officers and shouting an expletive at them. Turner resigned after the authority learned of the incident. She had chaired the agency’s ethics committee.

New York: Former de Blasio Fundraiser Facing Criminal Charges for Straw Donations in 2013 Mayoral Election
New York Daily News – Molly Newman, Shayna Jacobs, and James Fanelli | Published: 4/19/2018

Thirteen suspects and nine companies, including a major donor to New York City Mayor Bill de Blaio, were accused of rigging public works contracts and abusing the campaign finance system. Husam Ahmad, the founder of construction firm HAKS, was one of several figures linked to the company accused of paying off a Department of Environmental Protection employee to gain unfair access to information about city water system projects. Ahmad was a major contributor and fundraiser for de Blasio’s 2013 campaign and was in turn appointed to the board of the Mayor’s Fund to Advance New York City.

New York: JCOPE Passes Sweeping New Lobbying Regulations
Albany Times Union – Chris Bragg | Published: 4/24/2018

The New York Joint Commission on Public Ethics (JCOPE) approved new rules that overhaul the state’s lobbying law. A major provision will create more disclosure around so-called grassroots lobbying in which well-funded interest groups seek to sway public and elected official opinions through campaign-style efforts. The rules also include an explicit requirement that lobbyists disclose the names of the lawmakers they attempt to influence. The regulations, however, face possible legal action. David Grandeau, the state’s former top lobbying official, said the Legislature never passed a law authorizing JCOPE to broadly reinterpret New York’s lobbying rules.

Ohio: How One GOP Heiress Influenced the Ohio House – and Its Leader’s Demise
Cincinnati Enquirer – Jessie Balmert | Published: 4/23/2018

Cliff Rosenberger was just 33 years old in 2014, when he was chosen to replace Ohio Speaker Bill Batchelder. Rosenberger did not have years of policy experience or a political pedigree, but he did have wealthy Republican donor Virginia Ragan’s money and Batchelder’s support. Ragan’s bankroll helped construct the Republican-controlled Ohio House that Rosenberger built. In the end, Ragan’s money also helped to destroy Rosenberger’s political career. The FBI is investigating Rosenberger’s many trips as a lawmaker and his lavish lifestyle generally, including a condominium he rented from Ragan.

Ohio: Questions Raised About Campaign Contributions and Influence at Columbus City
Columbus Dispatch – Doug Caruso and Rick Rouan | Published: 4/22/2018

Real-estate developers, unions, and some wealthy individuals who do business with the city contributed millions of dollars to the campaigns of elected officials in Columbus. City officials raised about $8.4 million from nearly 5,000 donors disclosed on reports filed from mid-2014 through 2017, but more than 60 percent of that money came from less than four percent of the contributors, according to an analysis. These large donations have prompted critics to question what influence that money leverages in City Hall. Many of the largest donors lobby for zoning changes and compete for contracts. They negotiate with the city on union deals or seek tax incentives. More than half of the 20 largest contributors are developers or linked to companies with business interests throughout the city.

Washington: Washington’s Lottery Deputy Director Ousted After Ethics Investigation
Seattle Times – Rachel LaCorte (Associated Press) | Published: 4/20/2018

Jim Warick, deputy director of Washington’s Lottery, was fired following an investigation into ethics complaints that found he and other lottery employees accepted drinks and food from a vendor who had a contract with the agency, and several employees likely got free hotel rooms during a work trip that coincided with the South by Southwest festival in Austin, Texas. Both state law and the Lottery’s own code of ethics prohibit using their positions to secure special privileges or to accept most gifts. Lottery employees fall under a section of the law that subjects them to greater restrictions than other state employees, and under an ethics advisory opinion, those employees may not accept food when a vendor sponsors a presentation.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

Gov. Eric Holcomb called a special session for May 14, 2018.

On the top of Holcomb’s list is a school safety spending bill and a bill needed to harmonize state tax code with federal tax code.

The special session is expected to last one day.

Federal:

Patrick Kennedy Profits from Opioid-Addiction Firms
Politico – Adam Cancryn | Published: 4/17/2018

Patrick Kennedy, who stepped down from Congress amid his battles with addiction and mental illness, is a high-profile mental health advocate who sat on President Trump’s opioid commission. At the same time, he has served as chief executive officer of the Kennedy Forum, which is funded in part by major drug makers and addiction-treatment companies. He received more than $1.1 million from the organization between 2014 and 2016. Kennedy also sits on the boards of eight corporations invested in Washington’s response to the opioid crisis, from which he collects director fees and holds an equity stake in the firms. The many entanglements make Kennedy a one-man nexus of government, private-sector, and patient-advocacy work. Despite his extensive advocacy work, Kennedy said he has not registered as a lobbyist because his activities do not meet the legal specifications of lobbying.

From the States and Municipalities:

Arizona: Woman at Center of Phoenix Lobbyist Forgery Scandal Convicted, Sentenced
Arizona Republic – Dustin Gardner and Rick O’Dell | Published: 4/13/2018

Beth Briggs, a legal assistant with the firm Burch & Cracchiolo, pleaded guilty to filing fraudulent lobbying documents with the city of Phoenix. She must pay a $1,000 fine and complete 200 hours of community service. Investigators said Briggs falsely backdated documents, forged a former attorney’s signature, and signed an affidavit falsely claiming she had mailed the forms. The forged documents made it appear as if Burch & Cracchiolo had complied with an ordinance that requires lobbyists at regular intervals to register, list their clients, and disclose contributions or gifts to elected officials. The firm, however, had not filed the required forms for about two years, even as one of its top attorneys lobbied the city.

Florida: Fernandez Gave Football Tickets to City Officials; Investigation Finds ‘No Rule Violation’
Tallahassee Democrat – Jeff Burlew | Published: 4/16/2018

Two high-ranking city officials accepted Florida State University football tickets in 2016 from former Tallahassee City Manager Rick Fernandez, who was ousted this year for accepting football tickets from a local lobbying firm under FBI scrutiny. The city, in an internal inquiry, determined the employees did not violate Florida law by accepting the tickets or not reporting them as gifts because they did not exceed a $100 threshold. However, the city found, had the tickets cost a penny more, they would have exceeded the statutory threshold.

Florida: Stymied in Effort to Fill Empty Seats, North Miami Beach Commission Can’t Take a Vote
Miami Herald – Kyra Gurney | Published: 4/18/2018

A week after Mayor George Vallejo resigned and pleaded guilty to violating campaign finance laws, North Miami Beach scrambled to fill a vacancy on the city commission so the elected body had enough members to function. Only four of the commission’s seven seats were filled and it needed at least five members present to take any action. The city secured a last-minute order from a judge allowing recently ousted Commissioner Frantz Pierre to return for an emergency meeting so the commission could appoint a new member. Then, Commissioner Anthony DeFillipo announced he could not participate in the meeting. With that, the commissioner marched out of the meeting, leaving the panel where it started, one vote shy of the number needed to fill a vacant seat.

Illinois: Cook County Tax Officials Take Excess Campaign Donations from Appeals Firms, Ethics Panel Says
Chicago Tribune – Ray Long and Hal Dardick | Published: 4/13/2018

Records show Cook County officials who decide the outcome of property tax appeals accepted more than $500,000 in campaign donations from law firms and other businesses that help challenge tax bills, far more than permitted under a county ethics ordinance. Assessor Joseph Berrios and Board of Review members Larry Rogers Jr., Dan Patlak, and Michael Cabonargi were told to return about $440,000 of about $600,000 given by the law firms or other companies involved in the property tax appeals business. Hoping to prevent “pay-to-play,” the county board set caps on contributions from people or businesses that have “sought official action by the county within the preceding four years.” Donations are limited to $750 in a non-election year and $1,500 in an election year.

Iowa: Regulator: Iowa official won’t have to ID outside businesses
WRAL – Ryan Foley (Associated Press) | Published: 4/18/2018

Secretary of State Paul Pate will not be required to identify his private businesses in a conflict-of-interest disclosure form because other state officials have kept similar information secret without consequence, said Iowa Ethics and Campaign Disclosure Board Director Megan Tooker. Pate owns a strip mall and two rental storage businesses that he did not list on a recent ethics filing. As mandated by state law, the form asked Pate to identify “each business, occupation, or profession” in which he was engaged during 2017 and warned of criminal and civil penalties for failing to do so.

Kansas: Gov. Colyer Signs Sweeping Executive Branch Transparency Measure
Kansas City Star – Hunter Woodall | Published: 4/16/2018

Kansas Gov. Jeff Colyer signed a bill that will require people trying to influence an executive branch official on contracts to register as a lobbyist. “Senate Bill 394 will equalize the treatment of lobbying within all branches of state government,” Colyer said in a statement. An investigation last year by The Kansas City Star found the state has one of the most secretive governments in the nation.

Kansas: Kobach Helped Lead Trump’s Election Panel. A Judge Just Found Him in Contempt in a Voter ID Case
Denver Post – Eli Rosenberg (Washington Post) | Published: 4/18/2018

One of President Trump’s leading voter-fraud investigators was ruled in contempt of court for flouting a judge’s orders to ensure voters in his home state were not misled ahead of the 2016 general election. Kansas Secretary of State Kris Kobach, who was vice chairperson of the election integrity commission the the Trump administration disbanded, was cited by U.S. District Court Judge Julie Robinson for a “history of noncompliance and disrespect” for the court’s decisions. In 2016, Kobach lost a challenge to the Kansas Documentary Proof of Citizenship law. He then failed to comply with the court’s directive that he inform affected voters they would be deemed registered and qualified to vote, according to the ruling .

Massachusetts: Thornton Law Firm Didn’t Break State Campaign Finance Laws, Prosecutor Says
Boston Globe – Andrea Estes | Published: 4/18/2018

A probe of the Thornton Law Firm found “no conclusive evidence of a crime,” despite an initial review from Massachusetts regulators saying there may have been campaign finance violations, Essex District Attorney Jonathan Blodgett said. The Office of Campaign and Political Finance had asked Attorney General Maura Healey to investigate contributions from the firm’s partners and spouses. The agency raised questions over whether partners sought to disguise where the money came from and whether the contributions were with personal funds and were not paid or not reimbursed by the law firm. State law bans corporations from contributing to campaigns and prohibits a person from reimbursing someone else for a political donation.

Missouri: Hawley Says Probe into Greitens, Charity Indicates Potential Felony by Governor
Kansas City Star – Lindsay Wise (McClatchy), Jason Hancock, and Bryan Lowry | Published: 4/17/2018

Missouri Gov. Eric Greitens, already facing a felony charge related to an extramarital affair, could soon face another after the state’s attorney general cited evidence that suggests Greitens’ use of a charity donor list for political purposes may have broken state law. Attorney General Josh Hawley said an investigation by his office shows Greitens took computer data listing the top donors to The Mission Continues without the consent of the veterans’ charity he had founded and used it to raise money for his gubernatorial campaign. Hawley said he referred the matter to St. Louis Circuit Attorney Kim Gardner, who has jurisdiction to decide whether to charge Greitens with a crime. He also referred his findings to a special House committee that is considering whether to recommend impeachment proceedings against the governor.

Montana: Dark Money Group Pays $30K Fine for Breaking Montana Campaign Finance Law
Montana Current – John Adams (Montana Free Press) | Published: 4/14/2018

A political group has agreed to pay a $30,000 fine for violating Montana’s campaign finance laws in the 2012 elections. The Montana Growth Network claimed to be an incidental political committee that did not have the primary purpose of supporting or opposing candidates or ballot issues and therefore did not have to disclose its donors. The commissioner of political practices concluded the group should have registered as an independent political committee and reveal donors.

New York: Cuomo Touts Political Ad Transparency Law as Other Reforms
Gotham Gazette – Samar Khurshid | Published: 4/19/2018

New York Gov. Andrew Cuomo signed a bill that prohibits foreign entities from creating independent expenditure committees or buying political ads, requires anyone who purchases an online political ad to register as an independent expenditure committee, and requires online ads to include information about who paid for them, as is currently required of traditional media platforms. The state Board of Elections will also now create a public archive of those online ads and retain them for five years. The bill was a component of Cuomo’s larger Democracy Agenda that otherwise fell by the wayside during budget negotiations and seem unlikely to pass in the remaining months of the legislative session.

New York: New York Attorney General Seeks Power to Bypass Presidential Pardons
New York Times – Danny Hakim and William Rashbaum | Published: 4/18/2018

New York Attorney General Eric Schneiderman asked legislators to amend state law so prosecutors can charge individuals who have benefitted from a presidential pardon. Right now, New York law prevents people from being prosecuted more than once for crimes related to the same act, even if the original prosecution was in federal court. In explaining the need for the change, Schneiderman cited recent reports that President Trump may be considering pardons that could impede criminal investigations. Schneiderman argued that due to the current statute, a “strategically-timed pardon” could protect individuals who have violated New York laws.

Washington: Many of the State’s Powerful Lobbyists Work from One Olympia Neighborhood
The Olympian – Joseph O’Sullivan (Seattle Times) | Published: 4/16/2018

Nearly one-third of the 62 homes found immediately south of the Capitol in Olympia are owned or used by lobbyists, corporations, or unions, according to a review of public records. Those homes, some just across the street from the Capitol campus, are a physical manifestation of the close relationship between Washington’s nearly 800 registered lobbyists and the state’s elected officials. Last year, seven of the state’s 10 highest-earning lobbying firms had a presence in the neighborhood. Some lobbyists say they use their Olympia homes only for sleep or light work before and after the long days of the legislative session. With sessions in recent years lasting between two and seven months, the homes can remain vacant for long stretches in between.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

The Utah Legislature adjourned a veto session sine die on Wednesday after overriding a pair of vetoes from Gov. Gary Herbert.

The Legislature resurrected and passed Senate Bill 171, allowing legislators to defend laws they pass in court instead of relying on the Attorney General’s office, and House Bill 198, requiring the Attorney General to give written legal opinions to the Legislature when requested.

A spokesperson for the Governor said he hopes for an opportunity to test the constitutionality of the new laws in court.

The Nebraska Legislature adjourned sine die April 18.

Lawmakers took no action on Legislative Bill 1099 to adopt the Legislative Ethics Act after Sen. Bill Kintner’s resignation last session for retweeting offensive comments and using a state-issued computer to engage in cybersex.

The bill would have created an ethics board to receive and investigate complaints against any member or employee of the Legislature.

Gov. Jeff Colyer has signed Senate Bill 394 expanding the definition of lobbying to include executive and judicial branch procurement lobbying.

Effective July 1, lobbying will include the promoting or opposing in any manner an action or nonaction by any executive or judicial agency on any administrative matter.

The transparency bill requires lobbyist registration for attempting to influence members of the executive or judicial branch regarding any covered action, including contracts and agreements.

The bill also increases the value of a meal an executive branch member may receive from $25 to $40.

The New York City Council passed several bills designed to provide greater protections against workplace sexual harassment.

One measure requires annual training for all private employers with 15 or more employees.

Additionally, the City Council passed legislation establishing a Charter Revision Commission to draft a new or revised City Charter. The last Charter Revision Commission submitted changes to voters in November 1988.

The voter-approved amendments strengthened campaign finance and conflict of interest laws.

Mayor Bill de Blasio has 30 days to sign, veto the bills, or take no action.

National:

AP Finds Legislatures Lack Public Records on Harassment
Arizona Daily Star – David Lieb (Associated Press) | Published: 4/11/2018

In the past 15 months, dozens of state lawmakers have been forced from office, removed from their leadership roles, reprimanded. or publicly accused of sexual misconduct in a mounting backlash against misbehavior by those in power. Yet the majority of state legislative chambers across the country have no publicly available records of any sexual misconduct claims over the past 10 years. They say no complaints were made, no tally was kept, or they do not legally have to disclose it. Some lawmakers and experts on sexual wrongdoing in the workplace say that suggests legislators are not taking the problem seriously.

Facebook Fallout Deals Blow to Mercers’ Political Clout
MSN – Nicholas Confessore and David Gelles (New York Times) | Published: 4/10/2018

The revelation that Cambridge Analytica improperly acquired the private Facebook data of millions of users has set off government inquiries, plunging Facebook into crisis. But it has also battered the nascent political network overseen by wealthy conservative donor Rebekah Mercer and financed by her father, Robert Mercer. Cambridge Analytica was co-founded by Robert Mercer. An advocacy group backing President Trump and controlled by Rebekah Mercer has gone silent following strategic disputes between her and other top donors. And no American candidate or super PAC has reported payments to Cambridge Analytica since the 2016 campaign.

Facebook’s New Rules Aim to Thwart the Kind of Ads Bought by Russian Trolls During the Election
Washington Post – Tony Romm | Published: 4/6/2018

Facebook announced a series of moves meant to improve the transparency of political ads and pages on its social media service. Facebook Chief Executive Officer Mark Zuckerberg said in a post that the company has started requiring advertisers to verify their identity and location before they can run political ads. That verification is meant to prevent foreign interference in U.S. elections. Facebook will also soon start verifying the identify and location of people who run large Facebook pages. Officials say Russian agents used pages to pose as Americans on different sides of the political spectrum in an attempt to spread misinformation before the election.

Federal:

Investigators Focus on Another Trump Ally: The National Enquirer
WRAL – Jim Rutenberg, Emily Steel, and Mike McIntire (New York Times) | Published: 4/11/2018

President Trump has deep connections with the country’s largest tabloid publisher, American Media Inc (AMI), which publishes The National Enquirer. The company’s chairperson, David Pecker, is a close friend of the president’s. Since the early stages of his campaign, Trump, his lawyer Michael Cohen, and Pecker have strategized about protecting him and lashing out at his political enemies. Now AMI has been drawn into an investigation of Cohen’s activities, including efforts to head off potentially damaging stories about Trump during his run for the White House. The inquiry presents thorny questions about AMI’s First Amendment protections, and whether its record in supporting Trump somehow opens the door to scrutiny usually reserved for political organizations.

From the States and Municipalities:

Alabama – Ivey Signs Ethics Exemption for Developers into Law
AP News – Kim Chandler | Published: 4/6/2018

Alabama Gov. Kay Ivey signed into law a bill that will exempt economic developers from the state ethics law. Economic developers would not be considered lobbyists and would not register with the state and disclose their employers and activity as lobbyists do, under the legislation. Supporters said developers do not currently register, but the law needed to be clarified because of recent questions over whether they should. Critics had argued that anyone seeking deals with the state should not be exempted, and such exemptions could be exploited.

Arizona – Ducey Signs Bill Overriding Local Laws on Certain Campaign-Finance Disclosures
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 4/5/2018

Arizona cities are losing their right to demand that nonprofit groups seeking to sway local elections divulge who is financing the effort. Gov. Doug Ducey signed legislation that pre-empts local ordinances requiring these groups to register as PACs. The measure, which takes effect this summer, also makes any effort to identify contributions off limits. It is not known whether Tempe will challenge the new law as an unconstitutional infringement on local powers. Tempe residents voted earlier this year to mandate disclosure of spending on local races.

Georgia – Man Gets Prison for Obstruction in Atlanta Bribery Probe
Washington Times – Kate Brumback (Associated Press) | Published: 4/9/2018

An Atlanta man who threw a concrete block through a city contractor’s window to discourage him from talking to federal investigators was sentenced to prison for obstructing their bribery probe. Shandarrick Barnes had pleaded guilty to obstructing justice. He is the fourth person to receive a prison sentence after entering a guilty plea in the ongoing federal investigation into a “pay-to-play” scheme for city contracts. U.S. Attorney Kurt Erskine said Barnes used “mob-like tactics” to try to keep construction contractor Elvin Mitchell Jr. from cooperating with investigators.

Hawaii – What’s Up with All the Gut-And-Replace Trickery at The Legislature This Year?
Honolulu Civil Beat – Nathan Eagle | Published: 4/5/2018

Watchdog groups have called on the Hawaii Legislature for years to end “misleading practices which keep the public in the dark,” as their 2013 petition to the House and Senate put it. There is the “gut-and-replace” tactic, which involves removing the entire contents of a bill and inserting the contents of another in its place without any notice. And there are the so-called Frankenstein bills that keep the original contents of one bill and add the contents of another that had died earlier in the session. A common practice this session combines both tactics while giving a couple of days’ notice.

Kansas – Kansas AG Wants Court to Bar Out-of-State Residents from Running for Governor
Kansas City Star – Hunter Woodall | Published: 4/10/2018

Kansas Attorney General Derek Schmidt filed a lawsuit to put the brakes on out-of-state gubernatorial candidates after 10 people living outside the state’s borders took initial steps to run. State law makes no express statement about candidates’ age or residency. News coverage about the lack of requirements has led to a slew of teenagers and non-Kansans forming campaign committees for a gubernatorial run. A man tried, and failed, to get his dog on the ballot.

Missouri – Woman: Sexual encounter with Greitens was not consensual. Lawmakers find her credible
Kansas City Star – Lindsay Wise (McClatchy) and Jason Hancock | Published: 4/11/2018

The crisis confronting Missouri Gov. Eric Greitens deepened with the release of a legislative report that outlines in detail new allegations about the governor’s behavior toward a woman who was his hair dresser. While Greitens has described the extramarital relations as “consensual,” the woman said it included unwanted and potentially coerced sexual acts that she felt afraid to say no to and physical violence, in addition to the threat of blackmail. The governor is facing a felony charge that he invaded the woman’s privacy by taking a nude photograh of her without her consent. The report raised the specter of impeachment for Greitens and prompted another round of calls for him to step down.

New Mexico – Biggest Donors Get Around Contribution Limits
New Mexico Political Report – Marjorie Childress (New Mexico In Depth) | Published: 4/9/2018

Even though New Mexico passed campaign contribution limits in 2009 after several high-profile elected officials went to jail for corruption, people still have the potential to contribute more than the limits by giving through companies they own, or combining with family members to give. A debate over contribution limits since then has often included arguments that limits just push money into political committees or “dark money” groups that spend money independently, making it more difficult for the public to know who is paying for political ads and other activities designed to influence elections. But good government advocates disagree.

New York – JCOPE Reaches Settlement with Top Lobbyist Over de Blasio Donation
Albany Times Union – Chris Bragg | Published: 4/9/2018

Lobbyist James Capalino agreed to pay $40,000 to settle an investigation by the Joint Commission on Public Ethics (JCOPE). The commission has been investigating Capalino’s fundraising for New York City Mayor Bill de Blasio’s now-defunct nonprofit Campaign for One New York. The probe relied on JCOPE’s re-interpretation of the state gift ban law. The law disallows public officials from accepting “valuable gifts” from people with business before state government if such a gift appears intended to influence the official. JCOPE in 2014 said donations to an official’s nonprofit are covered under the law.

Ohio – Amid FBI Investigation, Ohio House Speaker Cliff Rosenberger Resigns
Cincinnati Enquirer – Chrissie Thompson and Jessie Balmert | Published: 4/10/2018

Facing an FBI investigation into his spending and overseas travel, Ohio House Speaker Cliff Rosenberger said he will resign from office on May 1. Rosenberger has been criticized for his lavish lifestyle, which includes traveling around the world and staying in a luxury Columbus condominium owned by a wealthy Republican campaign donor. In August, Rosenberger took a four-day trip to London with GOP leaders from other states for an event paid for by the GOPAC Education Fund’s Institute for Leadership Development. Steve Dimon, a registered lobbyist for title lender LoanMax, also was on the trip. Title and payday lenders have been lobbying against proposed legislation in Ohio that would place restrictions on their industry. Dimon declined to say whether the two discussed any legislation or if he has been questioned by the FBI.

South Dakota – South Dakota a ‘Standout’ in Limiting Voters’ Ability to Bring Issues to the Ballot
Sioux Falls Argus Leader – Dana Ferguson | Published: 4/6/2018

South Dakota voters in 2016 passed a sweeping ethics reform initiative, which state legislators then struck down. A year after Initiated Measure 22’s demise, lawmakers passed a dozen bills tightening the reins on the initiative and referendum process. The onslaught of bills puts South Dakota in a league of its own in terms of restricting direct democracy. Now, advocates are scrambling to undo the laws that do the most damage before they are left fighting under the new constraints imposed on the process.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

Campaign Finance

National: “Facebook Fallout Deals Blow to Mercers’ Political Clout” by Nicholas Confessore and David Gelles for New York Times

National: “NRA Discloses Two Dozen Additional Contributions from Russian Donors” by Pete Madden and Matthew Mosk for ABC News

National: “Ex-Candidates May Face Restrictions on Campaign Cash” by Ken Doyle for Bloomberg Government

Missouri: “Missouri Defends Campaign Donation Limits in Eighth Circuit” by Joe Harris for Courthouse News Service

Elections

Kansas: “Kansas AG Wants Court to Bar Out-of-State Residents from Running for Governor” by Hunter Woodall for Kansas City Star

Ethics

Kentucky: “Kentucky Lawmaker Fined for ‘Inappropriate Text Messages’” by Adam Beam (Associated Press) for Miami Herald

Ohio: “Amid FBI Investigation, Ohio House Speaker Cliff Rosenberger Resigns” by Chrissie Thompson and Jessie Balmert for Cincinnati Enquirer

Legislative Issues

National: “AP Finds Legislatures Lack Public Records on Harassment” by David Lieb (Associated Press) for Arizona Daily Star

Natoinal: “Speaker Paul Ryan Will Not Seek Re-election in November” by Jonathan Martin and Nicholas Fandos for New York Times

National: “Bipartisan Senators Unveil Compromise Special Counsel Bill Amid Hopes to Break Political Logjam” by Karoun Demirjian for Washington Post

Lobbying

Missouri: “Records Show Drop in Number of Lawmakers Bunking with Lobbyist” by Kurt Erickson for St. Louis Post-Dispatch

The Maryland General Assembly adjourned sine die at midnight on April 9, 2018. Lawmakers passed legislation involving sexual harassment.

House Bill 1342, bans lobbyists from sexually harassing a member, employee, intern, or page of the General Assembly, an employee of the Department of Legal Services, an official or employee of the Maryland Executive Branch, or an individual regulated lobbyist.

Additionally, a lobbyist may report a violation of antiharassment policy and procedures by a member of the General Assembly to the State Ethics Commission.

If Gov. Hogan signs the bill into law, it will be effective immediately, however, the section involving lobbyists will not be effective until July 1, 2019.