Campaign Finance

National: “Facebook’s New Rules Aim to Thwart the Kind of Ads Bought by Russian Trolls During the Election” by Tony Romm for Washington Post

Arizona: “Ducey Signs Bill Overriding Local Laws on Certain Campaign-Finance Disclosures” by Howard Fischer (Capitol Media Services) for Arizona Daily Star

Ohio: “Critics Say Rep. Jim Renacci May Have Used ‘Straw Donor’ Scheme to Fund State Campaign Account” by Deirdre Shesgreen (USA Today) for Cincinnati Enquirer

Ethics

National: “Mueller Probe Tracking Down Trump Business Partners, with Cohen a Focus of Queries” by Kevin Hall, Ben Wieder, and Greg Gordon for McClatchy DC

Colorado: “Sexual Harassment, Misconduct Prevalent but Largely Unreported at Colorado Capitol, New Report Finds” by John Frank and Jesse Paul for Denver Post

West Virginia: “WV Ethics Commission Takes Issue with New Public Service Volunteer Law” by Phil Kabler for Charleston Gazette-Mail

Legislative Issues

Hawaii: “What’s Up with All the Gut-And-Replace Trickery at The Legislature This Year?” by Nathan Eagle for Honolulu Civil Beat

Lobbying

National: “Lobbyist Tied to Pruitt’s Condo Had Roster of Clients Facing EPA” by Jennifer Dlouhy and Jennifer Jacobs for Bloomberg.com

Canada: “Facebook Claims Its Very Busy Man in Ottawa Is Not a Lobbyist” by Murad Hemmadi for Macleans.ca

Lots of legislatures adjourning this past week. Find out what they did to finish out their 2018 sessions in this weeks News You Can Use Video Digest.

National:

Young Women Help Lead Campaigns to Success at the Polls
New York Times – Michael Tackett | Published: 4/2/2018

Hillary Clinton’s loss in the presidential election prompted a surge of Democratic women running for office this year, and right behind them, a new legion of young women managing campaigns. With a seat at the head of the table, they will be responsible for strategy, message, staff, and creating networks for future campaigns. This year, 40 percent of the campaign managers for Democratic congressional candidates are women. In contrast, Kelly Dittmar, a political scientist at Rutgers University’s Center for American Women and Politics, recalled excising data on female campaign consultants from a book she wrote in 2010 because the numbers were too small to be statistically reliable.

Federal:

Pruitt Had a $50-a-Day Condo Linked to Lobbyists. Their Client’s Project Got Approved.
Anchorage Daily News – Eric Lipton (New York Times) | Published: 4/2/2018

Williams & Jensen, the lobbying firm at the center of the controversy surrounding Environmental Protection Agency (EPA) Administrator Scott Pruitt’s $50-a-night Washington, D.C. apartment, has assisted oil and gas companies in navigating the agency’s environmental regulations. The wife of J. Steven Hart, chairperson of the lobbying firm, had allowed Pruitt to use her apartment in a pricey neighborhood as he needed it, for $50 a night last year. The EPA signed off last March on a Canadian energy company’s pipeline-expansion plan, even though the agency, at the end of the Obama administration, had moved to fine Calgary-based Enbridge $61 million in for an oil spill. Williams & Jensen was registered to lobby for Enbridge at the time of the EPA action.

Top Government Ethics Chief Walter Shaub and Staff Used Headspace Meditation App to Deal with Stress of Working Under Trump
CNBC – Dan Mangan | Published: 3/29/2018

To help staff members deal with stress from working under President Trump, former Office of Government Ethics Director Walter Shaub said he started holding daily group meditation sessions. Shaub, who resigned in July, said at least six of about 70 staffers regularly attended the 10-minute meditation breaks he held with the Headspace app, which guides users through breathing and relaxing imagination exercises. “The problem is the direct assault on the ethics program which is the thing that every person in that room had committed their lives to,” Shaub said.

From the States and Municipalities:

Alabama – Controversial Economic Developer Bill Goes to Gov. Kay Ivey
Montgomery Advertiser – Brian Lyman | Published: 3/29/2018

Alabama legislators passed a bill that opponents said would carve a loophole in the state’s ethics law. House Bill 317 exempts economic developers from having to register as lobbyists. Supporters said it would help Alabama recruit employers who value confidentiality in their search for project sites. Lobbyists must file public reports that list their clients, file quarterly activity reports, and meet other requirements. Rep. Chris England said the bill would weaken the law. “It creates a set of people who are lobbying but don’t have to register as lobbyists,” England said.

Alabama – State Rep, Former AL GOP Chairman Arrested on Bribery Charges
Montgomery Advertiser – Melissa Brown | Published: 4/2/2018

State Rep. Jack Williams and Marty Connors, a lobbyist who once chaired the Alabama Republican Party, were arrested on conspiracy charges related to payments made to another lawmaker to advance a bill. The owner of Triana Health diabetes treatment centers, G. Ford Gilbert, was also arrested. Prosecutors said Gilbert paid then-House Majority Leader Rep. Micky Hammon to push legislation that would require Alabama’s dominant insurance company to cover treatments at Triana clinics. Prosecutors said Connors, who was lobbying for the bill, knew about the payments to Hammon and recruited Williams to use his position as a committee chair to hold a hearing on the bill. Williams also knew of the payments and acted to help Hammon, “who, as everyone in the scheme knew, was experiencing grave financial problems,” prosecutors said.

Arizona – ‘Dark Money’ in the States: Arizona GOP Blocks Cities from Implementing Transparent Elections
Newsweek – Josh Keefe | Published: 4/2/2018

The Arizona Legislature passed a bill to protect anonymous political spending, less than a month after Tempe residents voted overwhelmingly to increase transparency on that type of spending in local elections. The battle between city and state opens a new front in the national debate over so-called dark money in politics; it is also the first time a state has banned local governments from shining light on secret spending. Under House Bill 2153, non-profits in “good standing” with the IRS would not have to register as a PAC, and would not have to respond to audits, subpoenas, or produce evidence regarding a “potential political campaign finance violation, among other provisions.

Hawaii – Super PAC’s Attack Reveals Gaps in Hawaii Campaign Finance Law
Honolulu Civil Beat – Nathan Eagle | Published: 4/3/2018

Megan Kau launched a super PAC and website attacking former Hawaii Sen. Clayton Hee, who is running for governor this fall. But voters will not know the source of the money behind the committee or how much she is spending trying to tarnish the candidate over 30-year-old domestic violence allegations before absentee ballots go out for the Democratic primary. Three years ago, lawmakers added a reporting deadline for non-candidate committees, such as super PACs, to help improve transparency between the primary and general elections. But they did not address filing deadlines for reports before the primary.

Illinois – Rahm Emanuel, Challengers Won’t Have Fundraising Limits in 2019 Mayoral Election
Chicago Tribune – Bill Ruthhart | Published: 4/8/2019

Willie Wilson made a $100,000 contribution to his own campaign for Chicago mayor, a donation that lifts the caps on campaign contributions for all candidates in the crowded 2019 race. Under state law, individual donors are limited to making no more than a $5,600 contribution to a single campaign. Businesses are limited to $11,100 and PACs are capped at $55,400. Those limits are lifted if a candidate gives $100,000 or more to his or her campaign fund within a year of the election, which is what Wilson said he has done.

Maryland – Maryland, ACLU Reach Settlement Over Governor Deleting Critical Comments on His Facebook Page
Washington Post – Ovetta Wiggins | Published: 4/2/2018

Maryland Gov. Larry Hogan must be more permissive of social media commenters who disagree with him under a settlement to resolve a lawsuit that accused him of censoring constituents by blocking them on Facebook. The settlement includes a $65,000 payment to the four plaintiffs and a revised social media policy for Hogan’s social media accounts. The lawsuit from the American Civil Liberties Union alleged the plaintiffs’ First Amendment rights had been violated when Hogan blocked them from his official Facebook page or deleted their comments. The lawsuit was one of several filed over the past year against high-profile elected officials across the country accusing them of blocking constituents on social media.

Maryland – Nathaniel Oaks Is the Latest Maryland Politician to Be Convicted. Is Enough Being Done to Prevent Corruption?
Baltimore Sun – Luke Broadwater | Published: 3/30/2018

Hours after resigning from the Maryland senate, Nathaniel Oaks pleaded guilty to public corruption charges. He admitted in federal court that he accepted more than $15,000 in bribes from a man he thought was a real estate developer, in exchange for help securing funds for a project. Oaks is the latest in a long line of Maryland politicians who violated laws meant to ensure ethical government. The state has seen a governor, a vice president, several county executives, and a mayor brought low after corruption probes. Some of those political players have resurfaced and now occupy prominent roles once again in state politics.

Minnesota – Tony Cornish’s Capitol Visit Might Spark Restraining Order
Minnesota Lawyer – Kevin Featherly | Published: 4/3/2018

A surprise visit to the Capitol by former Minnesota Rep. Tony Cornish has one of his sexual-harassment accusers threatening to file for a restraining order. But Cornish says the visit might be his last. He made that declaration just before being told his visit has lobbyist Sarah Walker, who has alleged he repeatedly harassed her, contemplating a restraining order against him. Walker was one of several women who accused Cornish of harassment last year. She said Cornish repeatedly propositioned her, once pushing her up against a wall and attempting to kiss her. Cornish resigned his seat.

Oregon – Commission Approves Kitzhaber Ethics Settlement
Portland Tribune – Paris Achen | Published: 3/30/2018

The Oregon Ethics Commission accepted a settlement reached with former Gov. John Kitzhaber, closing this chapter of a years-long scandal that forced him to resign. Kitzhaber will pay a civil penalty of $20,000. The maximum fine that could have been levied was $50,000. The violations stem from conflicts-of-interest involving an overlap between Kitzhaber’s role as governor and his interest in a business owned by First Lady Cylvia Hayes. She had a dual role as an unpaid adviser in the governor’s office and was privately paid to consult on the same issues. In January, the commission found Hayes committed 22 ethics violations during her time as first lady.

Oregon – The Oregonian Places Lien on Home of Kitzhaber Fiancée
Bend Bulletin – Gary Warner | Published: 3/29/2018

Oregon’s largest newspaper has placed a six-figure lien against the home of Cylvia Hayes, the fiancée of former Gov. John Kitzhaber, who resigned in February 2015 over allegations that Hayes used her position as first lady to lobby for clients of her consulting firm. The Oregonian, based in Portland, filed the lien to recoup a $124,837 judgment against Hayes. The state attorney general had agreed to release some of the 72,000 emails to and from Hayes during Kitzhaber’s time in office. Hayes filed a lawsuit seeking to block the release. A judge ruled in the Oregonian’s favor and found Hayes liable for the newspaper’s attorneys’ fees.

South Carolina – Is Vote-Trading by South Carolina Lawmakers Illegal? Question Arises from Allegation
Greenville News – Tim Smith | Published: 3/29/2018

Sen. Sandy Senn’s allegations on the floor of the Senate have spurred a request for a state attorney general’s opinion on whether vote-trading by South Carolina legislators is illegal. Senn, alleged Sen. Gerald Malloy had offered to trade votes with her over her bill on school threats when it came before the Judiciary Committee. Sen. William Timmons said federal law bans vote-trading for members of Congress but state law is murkier about the issue. He said it might be considered a violation of the state’s ethics laws if a vote was considered a thing of value.

Wisconsin – Gov. Scott Walker Calls Special Elections; Senate Chief Drops Bill to Sidestep Court Order
Milwaukee Journal Sentinel – Jason Stein | Published: 3/29/2018

Wisconsin Gov. Scott Walker called special elections to be held for two vacant legislative seats after three judges in the last week ordered him to do so. Meanwhile, Senate Republicans have dropped their effort to pass a bill that would eliminate a provision in state law that requires the governor to promptly call special elections for vacant seats. Appellate Court Judge Paul Reilly dismissed Walker’s argument that the court should allow time for the Legislature to rewrite state law that would effectively block the special elections. “Representative government and the election of our representatives are never ‘unnecessary,’ never a ‘waste of taxpayer resources,’ and the calling of the special elections are, as the Governor acknowledges, his ‘obligation’ to follow,” Reilly wrote.

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

Colorado: “Denver DA Drops Grand Jury Investigation into Colorado Secretary of State Wayne Williams” by Jesse Paul for Denver Post

New Mexico: “Judge Approves Settlement Over New Mexico Campaign Cash” by Morgan Lee (Associated Press) for Virginian-Pilot

Ethics

National: “‘Fat Leonard’ Affected Pentagon’s Pick to Lead Joint Chiefs” by Craig Whitlock for Washington Post

Kentucky: “Sexual Harassment Case: No ethics charges for three lawmakers” by Adam Beam (Associated Press) for State-Journal

Pennsylvania: “Former Philly Sheriff John Green Beats Every Charge in Federal Bribery-Conspiracy Trial” by Craig McCoy for Philadelphia Inquirer

Pennsylvania: “In a First, Pennsylvania Supreme Court OKs Noneconomic Damages for Turnpike Whistleblower” by Peter Hall for Allentown Morning Call

Legislative Issues

Minnesota: “Tony Cornish’s Capitol Visit Might Spark Restraining Order” by Kevin Featherly for Minnesota Lawyer

Lobbying

Kansas: “Second Sunshine Bill Sent to Gov. Colyer to Fix Kansas Transparency Issue” by Hunter Woodall for Kansas City Star

Campaign Finance

New York: “Cuomo, in Writing, Reinterprets Fund-Raising Ban on Appointees” by Shane Goldmacher and Brian Rosenthal for New York Times

Elections

Wisconsin: “Gov. Scott Walker Calls Special Elections; Senate Chief Drops Bill to Sidestep Court Order” by Jason Stein for Milwaukee Journal Sentinel

Ethics

National: “Conn. Congresswoman Kept Aide on Staff for 3 Months After She Learned of Threat Allegation” by Elise Viebeck for Washington Post

National: “EPA Chief Pruitt Joined by Family in Condo Tied to Lobbyist ‘Power Couple’” by John Santucci, Matthew Mosk, and Stephanie Ebbs for ABC News

Oregon: “Commission Approves Kitzhaber Ethics Settlement” by Paris Achen for Portland Tribune

Legislative Issues

South Carolina: “Is Vote-Trading by South Carolina Lawmakers Illegal? Question Arises from Allegation” by Tim Smith for Greenville News

Lobbying

National: “Inside the Lobbying Campaign That Caught Mueller’s Attention” by Theodoric Meyer and Marianne Levine for Politico

Alabama: “Controversial Economic Developer Bill Goes to Gov. Kay Ivey” by Brian Lyman for Montgomery Advertiser

National:

Political Lobbyists Are the New Hot Thing in Pop Culture
MarketWatch – Tom Teodorczuk | Published: 3/26/2018

Lobbyists have long been a fixture of movies ranging from “The American President” to “Mr. Smith Goes to Washington.” Now, the process of influencing elected representatives is increasingly taking center stage in plays, movies, and literature. The desperate lobbyist is starting to rival the embattled politician and scoop-hungry reporter as a staple character of pop culture. Sarah Burgess said her inspiration for writing “Kings” was a newspaper story. “I happened to encounter an article about these retreats that lobbyists will attend with politicians at big resorts and that seemed funny to me and so American,” Burgess said.

Federal:

Fund-Raiser Held Out Access to Trump as a Prize for Prospective Clients
MSN – Kenneth Vogel and David Kirkpatrick (New York Times) | Published: 3/25/2018

After Donald Trump’s election, Elliot Broidy quickly capitalized, marketing his connections to Trump to politicians and governments around the world, including some with unsavory records. Broidy suggested to clients and prospective customers of his defense contracting company, Circinus, that he could broker meetings with the president, his administration, and congressional allies. Broidy’s ability to leverage his political connections to boost his business illuminates how Trump’s unorthodox approach to governing has spawned a new breed of access peddling in the swamp he vowed to drain.

Manafort Associate Had Russian Intelligence Ties During 2016 Campaign, Prosecutors Say
Washington Post – Spencer Hsu and Rosalind Helderman | Published: 3/27/2018

Court documents filed by special counsel Robert Mueller’s team reveal that Donald Trump’s former deputy campaign chairperson, Richard Gates, was knowingly working with an individual with ties to Russian intelligence during the presidential campaign. Prosecutors alleged this unnamed person worked for one of former Trump campaign chairperson Paul Manafort’s companies and was in touch with Gates in September and October 2016. The filing identifies the ex-spy only as “Person A.” The description matches that of Konstantin Kilimnik, the Russian manager of Manafort’s lobbying office in Kiev.

Rep. Didn’t Report $50K in Donations as Registered Lobbyist
Cleveland Plain Dealer – Julie Carr Smyth (Associated Press) | Published: 3/28/2018

U.S. Rep. Jim Renacci did not disclose nearly $50,000 in campaign contributions he made while registered as a federal lobbyist. Registered lobbyists are required to disclose all federal political donations of more than $200. His campaign said he was registered as a lobbyist with the consulting firm he helped launch in 2008 only as a precautionary measure. Renacci’s attorney, Laura Mills, provided the Associated Press with a form that listed Renacci’s status as “inactive” as of August 1, 2009. The campaign said only active lobbyists are required to disclose their contributions. But the AP found Mills did not file the companion form required to deactivate his registration until May 2011. Renacci continued to file and digitally sign lobbyist disclosure reports, other than the two he missed, through mid-2011, as an active lobbyist would.

Trump’s Lawyer Raised Prospect of Pardons for Flynn and Manafort as Special Counsel Closed In
MSN – Michael Schmidt, Jo Becker, Mark Mazzetti, Maggie Haberman, and Adam Goldman (New York Times) | Published: 3/28/2018

The New York Times reported that John Dowd, the former lead defense attorney in charge of managing President Trump’s communications with special counsel Robert Mueller, suggested the possibility of pardons for two of the most critical figures in the Russia investigation at the height of the inquiry. Dowd spoke to lawyers representing former national security adviser Michael Flynn and former Trump campaign chairperson Paul Manafort last year, as Mueller’s investigation was closing in on both men. The discussions raise questions about whether Dowd was offering pardons to influence their decisions about whether to plead guilty and cooperate in the investigation. Legal experts are divided about whether such offers might constitute obstruction of justice.

From the States and Municipalities:

Maryland: Supreme Court Again Weighs Voting Maps Warped by Politics
New York Times – Adam Liptak | Published: 3/28/2018

Dealing with an issue that could affect elections across the country, U.S. Supreme Court justices wrestled with how far states may go to craft electoral districts that give the majority party a huge political advantage. But even as they heard their second case on partisan redistricting in six months, the justices expressed uncertainty about the best way to deal with a problem that several said would get worse without the court’s intervention. The arguments the court heard were over an appeal by Republican voters in Maryland who object to a congressional district that Democrats drew to elect a candidate of their own. The Maryland case is a companion to one from Wisconsin in which Democrats complain about a Republican-drawn map of legislative districts. That case was argued in October and remains undecided.

Missouri: An Affair, a Photo and a Felony Charge: Missouri’s governor is waging a campaign for political survival
Washington Post – Sean Sullivan | Published: 3/22/2018

Missouri Gov. Eric Greitens, a former Navy SEAL who once volunteered with Mother Teresa, is aggressively trying to clear his name after allegations he took a naked photograph of a woman without her consent – after taping her hands to exercise rings and blindfolding her. Under indictment for felony invasion of privacy related to an extramarital affair, Greitens is seeking to discredit the Democratic prosecutor who went after him and battling back against Republicans calling on him to step down. Greitens is getting a fierce blowback from fellow Republicans already fed up with his bare-knuckle politics and broken promises of the past year.

New Mexico: New Mexico Outlines Future Limits on Federal Campaign Cash
Modesto Bee – Morgan Lee (Associated Press) | Published: 3/28/2018

Politicians returning from Washington, D.C. to run for office in New Mexico are likely to find a clear legal path in the future to bring stockpiles of campaign dollars with them under a new agreement signed by state campaign finance regulators and attorneys for U.S. Rep. Steve Pearce. A proposed settlement allows Pearce to use more than $900,000 he raised while in Congress in his campaign for governor as the lone Republican contender. Linked to the settlement are guidelines aimed to prevent federal-to-state transfers from becoming a loophole around New Mexico campaign finance law, said Joey Keefe, a spokesperson for the secretary of state’s office.

New York: Corruption Trial Bruises Powerful Law Firm
Albany Times Union – Robert Gavin | Published: 3/24/2018

Todd Howe, a onetime government insider, testified recently against Joseph Percoco, the former top aide to New York Gov. Andrew Cuomo, and his three co-defendants in a corruption trial. Howe also inflicted collateral damage to the Albany-based law and lobbying firm Whiteman Osterman & Hanna, where Howe managed to stay employed for six years even after being convicted of bank fraud. Percoco was convicted on three of the six counts against him, including honest services fraud and soliciting bribes. In the wake of the trial, people are “certainly going to connect corruption with that law firm,” said Vincent Bonventre, a law professor at Albany Law School.

New York: De Blasio Donor Says He Steered Thousands in Bribes to Mayor’s Campaigns
New York Times – Brian Rosenthal | Published: 3/22/2018

Harendra Singh testified about his efforts to use campaign contributions funneled to New York City Mayor Bill de Blasio – as much as $80,000 raised from others, and much more personally by using “straw donors” to skirt contribution limits – to gain better terms from the city during lease negotiations for one of his restaurants. Singh also suggested for the first time that de Blasio not only knew of the illegal arrangement, but the mayor encouraged it and actively helped the restaurateur. Singh was testifying in the corruption trial of Edward Mangano, the former Nassau County executive, and John Venditto, the former Town of Oyster Bay supervisor, both of whom Singh has pleaded guilty to bribing.

Oregon: John Kitzhaber Agrees to Pay $20,000 for Ethics Law Violations
Portland Oregonian – Hillary Borrud | Published: 3/28/2018

Former Oregon Gov. John Kitzhaber agreed to pay a $20,000 civil penalty to settle 10 violations of state ethics law, signaling a close to the years-long scandal that forced him to resign. The Oregon Government Ethics Commission will meet to sign off on the agreement. The maximum fine that could have levied was $50,000. The violations stem from conflicts-of-interest involving an overlap between Kitzhaber’s role as governor and his interest in a business owned by First Lady Cylvia Hayes. Hayes had a dual role as an unpaid adviser in the governor’s office and was privately paid to consult on the same issues.

Pennsylvania: Lobbyist, Lawmakers Entwined in Complex Relationship: Is it influence peddling, or essential?
StateImpact Pennsylvania – Susan Phillips | Published: 3/27/2018

There are more than 1,200 registered lobbyists in Harrisburg. Some work for firms, which take on multiple clients and represent different interests. Often, former lawmakers or regulators serve this role, using their old relationships for leverage. Some work specifically for a company or nonprofit. State Sen. Judy Schwank used to work for a nonprofit, and she says they are outgunned at the Capitol. “[Nonprofits] don’t have the dollars necessary to influence legislation the way that some other organizations that are for profit do,” said Schwank.

Washington: Inslee Signs Campaign Finance Bill
Everett Herald – Jerry Cornfield | Published: 3/29/2018

Washington Gov. Jay Inslee signed a bill transforming how the state administers and enforces its campaign finance laws. House Bill 2938 aims to make clearer for filers how to follow reporting rules and avoid mistakes that can incite a complaint against them. Under the new law, every complaint must first be filed with the Public Disclosure Commission. Staff will have greater ability to deal with minor errors and technical corrections, and authority to refer large and complex cases to Attorney General Bob Ferguson.

Wisconsin: Wisconsin GOP Will Aim to Block Judge’s Order to Gov. Scott Walker to Call Special Election
Milwaukee Journal Sentinel – Jason Stein | Published: 3/23/2018

Wisconsin Republicans refused to accept a court order to hold special elections to fill two vacant legislative seats, calling lawmakers back to Madison to rewrite election laws in an extraordinary session. Legislative leaders said the court order means special elections and regular elections for the open seats will occur simultaneously, confusing voters and wasting tax dollars. The Legislature must reconvene to revise special election statutes, they said. Senate Minority Leader Jennifer Shilling said Republicans were throwing a “temper tantrum” because they lost in court and fear the open seats could flip to Democratic control.

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.

National:

There’s Never Been a Native American Congresswoman. That Could Change in 2018.
New York Times – Julie Turkewitz | Published: 3/19/2018

There are at least four indigenous women running for Congress, three more are bidding for governors’ offices, and another 31 are campaigning for seats in state Legislatures, from both sides of the aisle. The numbers far outstrip past election cycles, longtime observers of native politics say, and they are only partly driven by the liberal energy and #MeToo declarations that have flourished since Donald Trump’s election. More broadly, they are part of a decades-long shift in which native communities, long marginalized by U.S. voting laws and skeptical of a government that stripped them of land and traditions, are moving into mainstream politics.

Federal:

Bye-Bye Box Seats? Tax Law May Curb Corporate Cash at Games
Pittsburgh Post-Gazette – Marcy Gordon (Associated Press) | Published: 3/18/2018

K Street lobbyists who helped craft the Republican tax legislation could now be pinched by it. American companies spend hundreds of millions of dollars annually on entertaining customers and clients at sporting events, tournaments, and arts venues, an expense that until this year they could partially deduct from their tax bill. But a provision in the new law eliminates the long-standing 50 percent deduction in an effort to curb the overall price tag of the legislation and streamline the tax code. The provision is one of the many under-the-radar consequences slowly emerging from the new tax law.

Federal Election Officials Failed to Enforce Campaign Finance Requirements on Outside Group in 2010, Judge Rules
Washington Post – Michelle Ye Hee Lee | Published: 3/20/2018

U.S. District Court Judge Christopher Cooper ruled the FEC did not properly enforce campaign finance laws in the case a “dark money” group that was active during the 2010 midterm elections. Citizens for Responsibility and Ethics in Washington alleged that certain political ads paid for by the nonprofit American Action Network should be considered “electioneering” activity and therefore subject to disclosure requirements of who paid for the messages. The FEC deadlocked along party lines and dismissed two complaints. Cooper said the dismissals ran “contrary to law” and were based on erroneous and narrow interpretations of federal statutes governing the FEC’s enforcement powers.

Judge Rules Defamation Case Against Trump May Proceed
Washington Post – Mark Berman and Frances Stead Sellers | Published: 3/20/2018

A New York judge rejected a bid by President Trump to dismiss a lawsuit relating to his alleged groping of Summer Zervos, who was a contestant on “The Apprentice.” Lawyers for Trump argued he was immune from the suit in state court while serving as president. “Nothing in the Supremacy Clause of the United States Constitution even suggests that the President cannot be called to account before a state court for wrongful conduct that bears no relationship to any federal executive responsibility,” Judge Jennifer Schecter wrote. The ruling raises the possibility that Trump could be ordered to submit to a deposition about his conduct toward Zervos and perhaps other women, as well.

From the States and Municipalities:

Alabama – Etowah Sheriff Pockets $750k in Jail Food Funds, Buys $740K Beach House
AL.com – Connor Sheets | Published: 3/13/2018

A sheriff in Alabama took home as personal profit more than $750,000 that was budgeted to feed jail inmates and then purchased a $740,000 beach house. And it is perfectly legal in Alabama, according to state law and local officials. The state has a Depression-era law that allows sheriffs to “keep and retain” unspent money from jail food-provision accounts. Sheriffs take excess money as personal income and, in the event of a shortfall, are personally liable for covering the gap. In most cases, the public does not know how much money is involved because sheriffs do not need to report extra income of less than $250,000 a year.

Arkansas – Former Arkansas Legislator’s Name Surfaces in Graft Case
Arkansas Online – Doug Thompson | Published: 3/17/2018

An Arkansas judge admitted to accepting $100,000 in bribes from an indicted lobbyist while the judge was a state lawmaker, federal prosecutors said. Jefferson County Judge Henry Wilkins IV admitted to the FBI in February that he took the money from lobbyist Milton Cranford. Cranford, an executive for the nonprofit Preferred Family Healthcare, pleaded not guilty to charges of conspiracy and accepting bribes. Prosecutors say the nonprofit paid bribes through Cranford’s lobbying firms to win state grants and taxpayer money. Prosecutors said Wilkins received the money in the form of donations to a church where he serves as pastor. In exchange for the contributions, authorities say, Cranford counted on Wilkins’ support while he served in the state Legislature from 2011 to 2015.

California – Imperial County Is a Web of Friends and Family. Is It Too Small to Investigate Itself?
Palm Springs Desert Sun – Sammy Roth | Published: 3/15/2018

When Gilbert Otero said he would investigate the Imperial Irrigation District, he took on a case involving more than $100 million in energy contracts and some of the most powerful people in Imperial County, California, where Otero is the district attorney. But there are close ties between Otero and the individuals he is investigating. The Imperial Irrigation District and the county government wield most of the political power, and top officials at those agencies are often friends or relatives of powerful farmers. Many of them have done business together. For some legal ethics experts, the links between Otero’s office and the people he is investigating are a clear sign he should recuse himself and refer the case elsewhere. They are also a sign that Imperial County may be too small to investigate itself.

Florida – In Miami, MCM Thrives on Big County Contracts. Now It Faces the FIU Bridge Catastrophe
Miami Herald – Douglas Hanks | Published: 3/19/2018

Munilla Construction Management (MCM) has a long record of winning contracts and favors from local officials in South Florida, a legacy now facing its harshest test as the firm was behind the Florida International University pedestrian bridge that collapsed and killed six people. The catastrophe threw a spotlight not just on MCM’s large projects, but on its ties to Miami’s political circles as well. In past years, the company has hired both of Miami-Dade Mayor Carlos Gimenez’s sons – Julio as an executive and C.J. as a registered lobbyist. The mayor’s wife, Lourdes, is a cousin to the Munilla brothers, and C.J. Gimenez has offered the firm pro bono communications advice after the bridge collapse.

Illinois – Denounced by His Party as a Nazi, Arthur Jones Wins Illinois G.O.P. Congressional Primary
New York Times – Liam Stack | Published: 3/21/2018

A Holocaust denier and neo-Nazi has officially become the Republican nominee for a congressional seat in Illinois. Arthur Jones won the nomination after running uncontested in the GOP primary for the Third Congressional District, which includes part of Chicago and its suburbs. Jones’s campaign website contains a page devoted to the Holocaust, which he said in an interview was “a greatly overblown nonevent” and “an international extortion racket.” The state Republican Party has sought to distance itself from Jones in recent weeks, blanketing the district with campaign fliers and robocalls urging voters to “stop Illinois Nazis.” GOP leaders are in talks with several potential candidates to run as an independent in November.

Nevada – Lack of Transparency Questioned in Campaign Theft by DA’s Aide
Las Vegas Review-Journal – Jeff German and David Ferrara | Published: 3/19/2018

Clark County District Attorney Steve Wolfson was not obligated under Nevada law to publicly disclose the theft of nearly $42,000from his campaign account, the secretary of state’s office said. “Money stolen from a campaign account and then returned within a few weeks does not qualify as a reportable contribution or expense,” said Jennifer Russell, a spokesperson for Secretary of State Barbara Cegavske. But some are questioning that interpretation of the statute, saying it goes against the law’s intent to maintain transparency in the election process.

New Mexico – Avenue for Lobbyist Harassment Complaints Unclear
Albuquerque Journal – Marie Baca and Dan Boyd | Published: 3/20/2018

Lobbyists in New Mexico are regulated by the secretary of state’s office, which oversees their registration and financial disclosures and can refer individuals to law enforcement when they are not in compliance with regulations. But the office does not have the authority to investigate harassment or sexual misconduct complaints that involve lobbyists as either alleged perpetrators or victims. Sexual harassment is illegal under the New Mexico Human Rights Act, which defines it as a subset of sexual discrimination and often forms the basis of harassment-related civil lawsuits. But the avenue for state investigation and discipline as it relates to harassment is unclear when one of the parties is a lobbyist.

North Carolina – Cooper Names 8 to North Carolina Elections and Ethics Board
Durham Herald-Sun – Gary Robertson (Associated Press) | Published: 3/16/2018

North Carolina Gov. Roy Cooper announced his initial choices for a new state board that administers both elections and ethics laws, even as he presses his latest legal challenge against the law that created the combined panel. Cooper, a Democrat, appointed eight people – four Democrats and four Republicans, as the law requires. The law took effect March 16 because Cooper decided to let it become law without his signature. There has not been a board seated since last June, the result of extended litigation between Cooper and GOP leaders. That has led to difficulties for the state board and county boards to carry out their responsibilities.

Pennsylvania – Supreme Court Refuses to Stop New Congressional Maps in Pennsylvania
Washington Post – Robert Barnes | Published: 3/19/2018

The U.S. Supreme Court refused an emergency appeal by Pennsylvania Republicans to block the implementation of a new court-ordered congressional map, a decision that all but assures that new district lines making several races more competitive for Democrats will be in place for this year’s midterm elections. The Pennsylvania Supreme Court had ruled the state’s congressional map had been warped by partisan gerrymandering and then imposed one of its own. Republican lawmakers said the state Supreme Court had usurped the Legislature’s role in violation of federal law. Generally, the justices stay out of the way when a state’s highest court is interpreting its own state constitution.

South Dakota – ‘Pay to Play’ Questions Emerge in South Dakota Governor’s Race
Sioux Falls Argus Leader – John Hult | Published: 3/18/2018

South Dakota’s campaign finance laws do little to stop companies and citizens who contract with the state from donating to the candidates who might hire them after the election. Individual donors who own or work for state-contracted companies commonly give to candidates, but state law does not require them to disclose their employer or industry. The FEC requires disclosure of occupation and employer for individual donors giving $200 or more to a candidate committee, and 32 states have similar rules. Attempts in Pierre to tighten the laws have fallen short, however. Lawmakers also overturned a voter-backed ethics law called Initiated Measure 22 last year after a judge issued an injunction against it.

Washington – Wash. Gov Signs Universal Voter Registration Law
The Hill – Reid Wilson | Published: 3/20/2018

Washington Gov. Jay Inslee signed a package of bills aimed at increasing voter access in the state, including a measure to preregister 16- and 17-year-olds and another that allows in-person voter registration to occur the same day of an election. Inslee also signed a bill that requires nonprofit organizations, who are not defined as political committees, to file statements with the Public Disclosure Commission if they make contributions or expenditures on campaigns above a specified threshold and to disclose certain contributors, starting January 1, 2019.

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 Maryland House of Delegates unanimously voted on Monday to strengthen the General Assembly’s sexual harassment policies to cover lobbyists.

The bill authorizes a person to file a complaint with the State Ethics Commission against a regulated lobbyist who has sexually harassed a member or employee of the General Assembly, and it also allows a lobbyist to file a complaint against a member of the General Assembly for sexual harassment.

The bill has been referred to the Senate Rules Committee.

National:

A Super PAC Has Raised Millions to Mobilize Black Voters. Does It Matter That Its Funders Are White?
Center for Public Integrity – Lateshia Beachum | Published: 3/12/2018

BlackPAC spent nearly $614,000 on canvassing and calls in a matter of weeks last year in Alabama’s special U.S. Senate election, ranking it among the biggest super PAC rainmakers in a race that attracted more than $19 million in non-candidate spending overall, including the primaries. Avowedly anti-Donald Trump, anti-white supremacy, and pro-black political power, BlackPAC is now positioning itself as a difference-maker headed into the 2018 midterm elections. But some to wonder if BlackPAC is little more than a convenient rent-a-group for wealthy Democratic interests struggling to connect with black voters in a post-Barack Obama political era.

Federal:

Companies Fretting Over ‘Foreign Agents’ Label
The Hill – Megan Wilson | Published: 3/13/2018

Legislation in Congress would eliminate a provision that has long shielded international corporations with U.S. subsidiaries from having to file under the Foreign Agents Registration Act (FARA). The exemption allows private entities, like non-U.S. companies, to disclose their activities through the Lobbying Disclosure Act rather than register as a foreign agent, which comes with a much stricter disclosure regiment. FARA also requires disclosure of more than just lobbying, including advisory services and public relations. While watchdogs support the potential change, saying it would help curtail abuse, international corporations warn that being called a “foreign agent” could create the wrong impression.

White House Aides Blur the Legal Lines Between Partisans and Public Servants
New York Times – Julie Hirschfeld Davis | Published: 3/12/2018

Over the past 14 months there have been at least eight complaints against White House officials for potential violations of the Hatch Act, the law that since 1939 has barred government officials from using their positions to engage in partisan politics. A handful of high-profile violations and the increased number of complaints suggest that, more than a year after taking office, President Trump, who has openly defied many norms of government ethics and transparency, is surrounded by aides who blur the line between their roles as partisans and public servants, sometimes skirting or disregarding altogether decades-old standards that govern the behavior of senior White House officials.

From the States and Municipalities:

California – ‘Hamilton’ Tickets Without the Wait – or the Cost? It Helps to Be an L.A. Politician
Los Angeles Times – Emily Alpert Reyes | Published: 3/10/2018

For many Los Angeles politicians, getting into the hottest show in town was much easier than for the public. Instead of making city council members line up outside the theater to see “Hamilton,” the Pantages Theatre came to them, offering each one a coveted pair of tickets to opening night. Council President Herb Wesson ultimately accepted six tickets to the August show from the theater owner, a gift worth nearly $1,000. Free tickets are a routine part of political life in Los Angeles, where lawmakers have been given free seats at Dodgers games, galas, and other events. Politicians can legally accept them if they stay within city and state rules, which include restrictions on who can give them gifts and how much they can accept.

District of Columbia – D.C. Mayor, Reversing Course, Signs Law Creating Publicly Financed Campaigns
Washington Post – Peter Jamison | Published: 3/13/2018

In a turnaround that caught many by surprise, District of Columbia Mayor Muriel Bowser signed a bill creating a public financing program for local campaigns and said she would fund it in the upcoming city budget. The law, which will first affect elections in 2020, will steer millions of dollars annually toward the campaigns of local candidates and is aimed at reducing their reliance on wealthy donors. The switch may help Bowser, who is seeking a second term, combat a perception that she has not done enough to erase a “pay-to-play” culture in city government.

Florida – State Ethics Board Sides with Watchdog Over Hagan, Hillsborough County
WTSP – Noah Pransky | Published: 3/9/2018

The Florida Commission on Ethics rejected Hillsborough County’s controversial petition seeking legal fees from a citizen watchdog who filed an unsuccessful ethics complaint against Commissioner Ken Hagan. The commission expressed concern that other citizen watchdogs could be stymied in future attempts to hold officials accountable if they required George Niemann to pay the county back more than $10,000 in legal fees related to his complaint.

Illinois – Assessor Berrios Loses Court Fight to Overturn Cook County’s Limits on Campaign Donations
Chicago Tribune – Ray Long and Hal Dardick | Published: 3/14/2018

Cook County Assessor Joseph Berrios lost his court challenge to the county’s campaign contribution limits, marking a legal and political setback that could restrict how much property tax appeals lawyers who handle cases before his office pour into the assessor’s political funds. Berrios, whose political committees were fined $41,000 for accepting donations exceeding caps set by the county’s ethics ordinance, is expected to appeal. Berrios’ lawyers contended the county rules violate the state constitution because only the Illinois Legislature has authority to set campaign contribution limits. They said the rules also violated the U.S. Constitution because they limited the free-speech rights of tax appeal attorneys.

Iowa – Bill Dix Resigns from Iowa Senate after Video with Lobbyist Is Posted
Des Moines Register – Jason Noble, Brianne Pfannensteil, and William Petroski | Published: 3/12/2018

Iowa Senate Majority Leader Bill Dix resigned after a website posted a video showing the married lawmaker kissing a lobbyist in a Des Moines bar. The woman was identified as a lobbyist for Iowa League of Cities, an organization that seeks to sway legislation at the Capitol. As the leader of the Republican majority, Dix controlled what bills come up for debate. Sexual harassment has been a major issue in the Senate in recent years following a $1.75 million settlement reached in the case of a former staffer. Dix faced calls for his resignation over the chamber’s handling of a case, which resulted in the creation of the position of human resources manager.

Maryland – Security Video Shows Maryland Lobbyist Touching Lawmaker. He Says It Vindicates Him. She Says It Vindicates Her.
Baltimore Sun – Erin Cox | Published: 3/13/2018

A security camera video shared shows the physical contact that prompted a female Maryland senator to lodge a harassment complaint against a longtime Annapolis lobbyist, the first public accusation of sexual misconduct in the statehouse since the start of the #MeToo movement. The video shows lobbyist Gil Genn approaching Sen. Cheryl Kagan near a crowded bar at Castlebay Irish Pub in Annapolis, putting his hand on her back and sliding it down. Kagan had accused Genn of groping her when they met on March 1. Genn strongly pushed back against Kagan’s claim that the video showed him touching her inappropriately.

Missouri – Missouri Ethics Watchdog Will Be Unable to Meet after Greitens’ Inaction
St. Louis Post-Dispatch – Jack Suntrup | Published: 3/13/2018

The Missouri Ethics Commission will be unable to meet because it will not have enough members to establish a quorum. The terms of three members on the six-member commission expired on March 12. It must have at least four members to meet. James Klahr, the commission’s executive director, said without a quorum, the panel will be unable to act on complaints, even though staffers still will be able to monitor issues. He said the lack of a quorum is a continuous problem. “This is an issue that comes up every two years,” Klahr said.

New York – Joseph Percoco, Ex-Cuomo Aide, Found Guilty in Corruption Trial
New York Times – Vivian Wang and Benjamin Weiser | Published: 3/13/2018

Joseph Percoco, a former aide to New York Gov. Andrew Cuomo, was found guilty of agreeing to take bribes from executives at two companies seeking to do business with the state. The jury also convicted one of the businesspeople charged with paying the bribes, Steven Aiello, an executive at Cor Development. The verdict followed a multi-week trial that put a spotlight on the attempts of private companies to gain influence with Cuomo, who once likened Percoco to a brother. The governor was not accused of wrongdoing, but the trial highlighted Albany as a place where wealthy special interests use campaign donations to gain influence and flout rules meant to regulate lobbying.

North Carolina – Cooper to Appoint North Carolina Elections Board This Week
Durham Herald-Sun – Gary Robertson (Associated Press) | Published: 3/14/2018

North Carolina Gov. Roy Cooper will appoint members to a combined state elections and ethics board, even while he continues to fight in court over the legality of the board’s latest iteration. Cooper’s office announced the decision two days before a new law approved by legislators creating a nine-member panel is supposed to take effect. The governor has sued GOP legislative leaders three times over bills creating different versions of the joint board. A state board administering elections and campaign finance laws has been vacant since last June while the constitutionality of the combination board has been litigated.

Pennsylvania – Conor Lamb Wins Pennsylvania House Seat, Giving Democrats a Map for Trump Country
New York Times – Alexander Burns and Jonathan Martin | Published: 3/14/2018

Conor Lamb scored a razor-thin but extraordinary upset in a special U.S. House election in Pennsylvania after a few thousand absentee ballots cemented a Democratic victory in the heart of President Trump’s Rust Belt base. The Republican candidate, Rick Saccone, may still contest the outcome. But Lamb’s 627-vote lead appeared insurmountable, given the four counties in Pennsylvania’s 18th district have about 500 provisional, military, and other absentee ballots left to count, election officials said. That slim margin, in a district that Trump carried by nearly 20 percentage points in 2016, nonetheless upended the political landscape ahead of November’s midterm elections. It also emboldened Democrats to run maverick campaigns even in deep-red areas where Republicans remain bedeviled by Trump’s unpopularity.

Pennsylvania – Gov. Wolf Proposes Ethics Reforms for Pennsylvania Lawmakers
Pittsburgh Post-Gazette – Kate Giammarise | Published: 3/12/2018

Pennsylvania Gov. Tom Wolf proposed an ethics reform package that includes a complete gift ban for elected officials. Wolf is also proposing that if lawmakers do not pass a budget by the annual July 1 deadline, pay will be suspended for himself, lawmakers, and their top aides. This deadline has been missed by state lawmakers the last three years. The plan calls for broader provisions to discourage “pay-to-play,” such as requiring disclosure of campaign contributions made by parties seeking state contracts. The governor also suggested additional transparency for legislators who have outside income, requiring disclosure of sources, type of work, and amount of income received.

Wyoming – An Effort to Crackdown on ‘Dark Money’ in Wyoming Quietly Died at the Legislature. Nobody Is Quite Sure Why.
Casper Star-Tribune – Arno Rosenfeld | Published: 3/13/2018

The Wyoming Legislature this year sought to clarify and strengthen campaign finance rules. House Bill 2 was meant to improve the ability of law enforcement and local government to enforce the existing laws, while House Bill 67 was meant to clarify those laws. The first measure passed and has been signed into law by Gov. Matt Mead, while House Bill 67 died a quiet – and critics say alarming – death, falling victim to one of the Legislature’s many cut-off deadlines. House Bill 67 would have tightened definitions for political spending to include “electioneering communications,” messages that do not explicitly call for voters to act in a certain manner but nonetheless seek to influence an election.

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: “Despite Pledge to ‘Drain the Swamp,’ Trump Has Shown Little Interest in Beefing Up the Federal Election Commission” by Michelle Ye Hee Lee for Washington Post

District of Columbia: “D.C. Mayor, Reversing Course, Signs Law Creating Publicly Financed Campaigns” by Peter Jamison for Washington Post

Illinois: “Assessor Berrios Loses Court Fight to Overturn Cook County’s Limits on Campaign Donations” by Ray Long and Hal Dardick for Chicago Tribune

Missouri: “Heavyweight D.C. Law Firm Represented Hawley for Free in 2016” by Jason Hancock (Kansas City Star) and Lindsey Wise for McClatchy DC

Wyoming: “An Effort to Crackdown on ‘Dark Money’ in Wyoming Quietly Died at the Legislature. Nobody Is Quite Sure Why.” by Arno Rosenfeld for Casper Star-Tribune

Elections

National: “Strong Performance by Democrat Conor Lamb in Pennsylvania Shakes Trump and G.O.P.” by Peter Baker and Michael Shear for New York Times

Ethics

National: “Feds: Ex-aide to U.S. Rep. Bob Brady Targeted in Murder-for-Hire Plot” by Jeremy Roebuck for Philadelphia Inquirer

National: “Trump Jr. and Texas Donor Have Longtime Undisclosed Ties” by Jake Pearson (Associated Press) for Chicago Tribune

Missouri: “‘Potential for Corruption Here Is Unbelievable’: Who’s paying Greitens’ legal bills?” by Lindsey Wise (McClatchy DC) and Jason Hancock for Kansas City Star

North Carolina: “Duke Energy Threatens Advocacy Group with Legal Action Over Financial Claims” by John Murawski for Raleigh News and Observer

Legislative Issues

North Carolina: “Cooper Sues Again While Court Rejects Elections Board Motion” by Gary Robertson (Associated Press) for Raleigh News and Observer

National:

It’s a Steep Hill to Climb for Women Running for State Office
Center for Public Integrity – Kristian Hernandez | Published: 3/6/2018

Nearly 500 women have shown interest in running for Congress in this year’s midterm elections, twice as many as compared with the same time in 2016. More women have raised their hand to run for governor in 2018 than in the past seven years combined, and scores of women plan to run for attorneys general, legislative seats, and more. Women still have a long way to go before political offices reflect the U.S. population. But women’s success in politics might not be all about winning this year, said Kim Olson, the Democratic candidate for Texas agriculture commissioner. She said the elections might be as much about planting seeds that will one day grow and fill the gender gaps in the halls of Congress, governors’ mansions, and statehouses across the country.

Federal:

Companies Court Lawmakers with Charitable Giving, but Don’t Always Disclose the Funds
Center for Public Integrity – Carrie Levine | Published: 3/5/2018

By law, corporations and organizations that lobby the federal government must disclose certain charitable contributions to nonprofits, including ones such as the Orrin G. Hatch Foundation that are intimately tied to lawmakers. They also must disclose spending to “honor” lawmakers and high-level executive branch officials if the spending meets certain criteria. But an analysis found more than 20 companies and trade associations that have failed to disclose payments made to nonprofit groups aligned with government officials or aimed at honoring lawmakers they may want to influence. In every instance, other companies disclosed payments linked to the same events, though varying circumstances and exceptions to federal rules allow some omissions.

Companies, Nonprofits Put Brakes on Foreign Lobbying Bills
Roll Call – Kate Ackley | Published: 3/2/2018

A bipartisan group of senators introduced legislation to strengthen enforcement of the Foreign Agents Registration Act. The new bill indicates that momentum to revamp foreign lobbying disclosures persists as the Russia probe has kept concerns about international influences in the spotlight. But opposition remains. Representatives of foreign-owned businesses and multinational nonprofit organizations say they do not want the stigma of being defined as foreign agents. They are pushing for changes to separate legislation that passed the House Judiciary Committee but has not yet been scheduled for floor action.

Trump Spoke to Witnesses About Matters They Discussed with Special Counsel
MSN – Michael Schmidt and Maggie Haberman (New York Times) | Published: 3/7/2018

The New York Times reported the special counsel in the Russian election meddling probe has learned of two conversations in which President Trump asked witnesses about matters discussed with investigators. Trump told an aide that White House counsel Donald McGahn should issue a statement denying a report in January that said McGahn told investigators the president had once asked him to fire special counsel Robert Mueller. Trump also asked his former chief of staff, Reince Priebus, how his interview with the special counsel investigators had gone and whether they had been “nice.” The episodes demonstrate that even as the inquiry appears to be intensifying, the president has ignored his lawyers’ advice to avoid doing anything publicly or privately that could create the appearance of interfering with it.

What Swamp? Lobbyists Get Ethics Waivers to Work for Trump
CNBC – Associated Press | Published: 3/7/2018

President Trump and his appointees have stocked federal agencies with former lobbyists and corporate lawyers who now help regulate the industries from which they previously collected paychecks, despite promising as a candidate to drain the swamp in Washington. A week after his inauguration, Trump signed an executive order that bars former lobbyists, lawyers, and others from participating in any matter they lobbied or otherwise worked on for private clients within two years before going to work for the government. But records show White House counsel Don McGahn has issued at least 24 ethics waivers to key administration officials at the White House and executive branch agencies.

From the States and Municipalities:

Colorado: Colorado Rep. Steve Lebsock Is Expelled Following Harassment Complaints from Five Women
Denver Post – Brian Eason and Jesse Paul | Published: 3/2/2018

The Colorado House voted to expel Rep. Steve Lebsock after hours of emotional debate in which several members broke down in tears. Lebsock had been accused of harassing five women, including a fellow state legislator, a lobbyist, and a former staffer, in 11 separate complaints. Lebsock has denied the charges, even distributing a dossier that detailed personal information about his accusers. He is the second lawmaker in the nation to be removed from office over harassment allegations since the rise of the #MeToo movement.

District of Columbia: D.C. Mayor Muriel Bowser Says She Won’t Testify About Schools Chief’s Resignation
Washington Post – Peter Jamison | Published: 3/7/2018

District of Columbia Mayor Muriel Bowser said she will refuse to testify under oath to the city council about the circumstances of the resignation of the former chancellor of the public school system, setting up a showdown with lawmakers, the outcome of which could weigh on her re-election campaign. She said she would instead cooperate with a parallel investigation by the city inspector general’s office that is underway. Bowser demanded the resignations of Chancellor Antwan Wilson and the deputy mayor for education, saying she had just been notified the pair had transferred Wilson’s daughter to one of the city’s most desirable high schools, skipping a waiting list of more than 600 students, in violation of city policy. But Wilson said Bowser knew about the transfer four months ago and raised no objections.

Massachusetts: SJC May Be Option in ‘Union Loophole’ Case
Lowell Sun – Andy Metzger (State House News Service) | Published: 3/7/2018

The Supreme Judicial Court is considering whether Massachusetts can constitutionally bar corporations from making political contributions, while allowing labor unions and nonprofits to do so. James Manley, an attorney representing two Massachusetts businesses, said his clients simply want corporations to be on equal footing with other entities, and that federal law requires it. The plaintiffs would be somewhat satisfied if the court decided to rein in unions’ abilities to contribute politically, Manley told reporters.

New Mexico: Steve Pearce, State Move to Settle Lawsuit Over Gubernatorial Campaign Funds
Las Cruces Sun News – Andrew Oxford (Santa Fe New Mexican) | Published: 3/6/2018

New Mexico Secretary of State Maggie Toulouse Oliver and U.S. Rep. Steve Pearce are moving to settle a dispute about access to campaign money that Pearce raised while in Congress and sought to use in his run for governor. Under the proposed agreement, the state would allow candidates to use donations collected while in federal office for state office campaigns. The contributions cannot be larger than what it is allowable under New Mexico law, and they must have been reported to the FEC. “Those conditions were included to prevent future federal-to-state transfers from becoming a loophole around New Mexico’s campaign finance laws,” said Joey Keefe, a spokesperson for the secretary of state’s office.

New York: As Jurors Decide Fate of Key Cuomo Ally, Political Verdict May Be In
New York Times – Jesse McKinley and Shane Goldmacher | Published: 3/6/2018

Federal prosecutors in the corruption trial of a former top aide to New York Gov. Andrew Cuomo presented unflattering tales of how Cuomo conducts himself and how his administration has conducted the people’s business in Albany. The governor has not been accused of illegal acts, but the trial may well tarnish the well-groomed reputation of Cuomo, who is facing re-election in the fall. It may also complicate or undercut any national ambitions of Cuomo, which would need to take flight in places like Iowa and New Hampshire next year.

North Carolina: GOP’s 8-Member Elections-Ethics Board Struck Down. Is a Third Lawsuit on the Horizon?
Raleigh News and Observer – Anne Blythe | Published: 3/5/2018

A panel of state judges decided a recent North Carolina Supreme Court ruling favoring Gov. Roy Cooper means only a portion of a 2017 law combining the state ethics and elections boards is now struck down. Republicans at the General Assembly passed small changes related to the combined board’s membership and Cooper’s powers after the Supreme Court decision. Cooper’s lawyers had argued the Supreme Court ruling meant the judges should void the entire law. That would have opened the door to Cooper’s wishes. He wanted the law to revert to what it was before December 2016 – separate elections and ethics boards, and Democrats getting a majority of elections board seats.

Oregon: Multnomah County Political Spending Limits Unconstitutional, Judge Finds
Portland Oregonian – Gordon Friedman | Published: 3/6/2018

Multnomah County’s voter-approved limits on campaign contributions are an unconstitutional infringement on free speech, a county judge ruled. Judge Eric Bloch said the county and its voters cannot cap donations to candidates for county office at $500 per donor, force disclosure of the largest contributors to political mailers, or limit other types of spending. The limits are “impermissible” under the free speech guarantees within the Oregon Constitution, Bloch wrote, citing a related state Supreme Court opinion.

Pennsylvania: Allentown Mayor Ed Pawlowski Guilty on Most Charges in Pay-to-Play Trial; Must Leave Office
Allentown Morning Call – Peter Hall, Emily Opilo, and Daniel Patrick Sheehan | Published: 3/1/2018

Allentown Mayor Ed Pawlowski was convicted of selling his office to campaign donors in a scheme meant to fuel his political ambitions. Jurors convicted him of 47 of the 54 charges he faced, a verdict that will force Pawlowski from office and end his tenure as leader of Pennsylvania’s third-largest city. Prosecutors said Pawlowski masterminded a plan to rig city contracts for legal, engineering, technology, and construction work, all in a bid to raise money for his statewide campaigns. Pawlowski ran for governor in 2014 and U.S. Senate in 2015, suspending the latter campaign days after the FBI raided City Hall.

Tennessee: Nashville Mayor Megan Barry Resigns from Office; ‘I love you, Nashville,’ she says
The Tennessean – Joey Garrison and Nate Rau | Published: 3/6/2018

Megan Barry resigned as Nashville’s mayor, weeks after admitting an affair with the police officer who ran her security detail. She announced her resignation shortly after she pleaded guilty to a felony theft charge related to the affair. Barry agreed to reimburse the city $11,000 and serve three years’ probation. The scandal drew attention to the overtime Sgt. Rob Forrest accrued while managing her detail. An affidavit detailed nude photos the Tennessee Bureau of Investigation said appeared to be Barry taken on the phone of Forrest during city trips. Forrest pleaded guilty to property theft and was sentenced to three years of probation. He will reimburse the city $45,000 that was paid to him as salary and/or overtime during times when he was not performing his duties as head of the mayor’s security detail.

Texas: Talk About Big Bucks: Deer semen donations are fueling South Texas campaign
Dallas News – Jackie Wang | Published: 3/1/2018

A candidate in the race for a Texas House seat has received $87,500 in campaign donations, more than half of which is made up of deer semen. Ana Lisa Garza has received $51,000 in in-kind donations to her campaign, listed as individual donations of frozen deer semen straws. The containers are reportedly a common way for deer breeders in the state to donate to political campaigns. Garza’s campaign has valued the straws at $1,000 each. The group does not give the semen directly to the campaign, but accepts the straw donations and sells them at auction. Attorney Buck Wood said the donations technically were not “in-kind” since the money, not the semen, was given to the campaign.

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.

On March 3, the Oregon Legislature adjourned its biennial short session.

Bills passed strengthen domestic violence laws, create a task force to study opioid addiction treatment barriers and implement a peer support program, require more transparency from prescription drug manufacturers, and eliminate a federal deduction for businesses on state tax returns.

Gov. Brown has 30 days to sign, veto, or let the bills become law without her signature.

On March 1, a bill was introduced in the U.S. Senate to amend the Foreign Agents Registration Act (FARA).

Included in the bipartisan bill, the Foreign Agents Registration Amendments Act, are the creation of an enforcement unit in the National Security Division and updates to civil and criminal enforcement procedures. The legislation also creates a definition for the term ‘‘operative of a foreign government.”

Additionally, the bill would call for self-identification of registered individuals when meeting with members of congress or their staff.

Specifically, the bill states, “It shall be unlawful for any agent of a foreign principal registered under [FARA] to fail to disclose before or during any meeting with a member of Congress or staff of a member of Congress that the agent has registered under [FARA].’’

The bill was introduced by Republican Senators Todd Young and John Cornyn and Democratic Senators Dianne Feinstein and Jeanne Shaheen.

National:

The True Source of the N.R.A.’s Clout: Mobilization, not donations
MSN – Eric Lipton and Alexander Burns (New York Times) | Published: 2/24/2018

To many of its opponents, a long string of victories is proof the National Rifle Association (NRA) has bought its political support through campaign contributions. But the numbers tell a more complicated story. In states across the country, as well as on Capitol Hill, the NRA derives its political influence instead from a powerful electioneering machine, fueled by tens of millions of dollars’ worth of campaign ads and voter-guide mailings, that scrutinizes candidates for their views on guns and propels members to the polls. The NRA’s impact comes, in large part, from the simplicity of the incentives it presents to candidates: letter grades, based on their record on the Second Amendment, that guide the NRA’s involvement in elections.

Federal:

How Skadden, the Giant Law Firm, Got Entangled in the Mueller Investigation
New York Times – Kenneth Vogel and Matthew Goldstein | Published: 2/24/2018

When one of its former lawyers, Alex van der Zwaan, admitted lying to the special counsel investigating Russian election interference, it exposed a profitable line of business that Skadden, Arps, Slate, Meagher & Flom mostly keeps quiet: its work for unsavory foreign figures and their Washington, D.C. lobbyists. Robert Mueller’s team has scrutinized Skadden for its own work for the former president of Ukraine, Viktor Yanukovych, and its role advising two other K Street firms paid to bolster his government, Mercury Public Affairs and the Podesta Group. Rick Gates, the onetime deputy campaign chairperson for Donald Trump, has admitted he knowingly misled Skadden in a scheme to avoid complying with the Foreign Agents Registration Act over his work for Ukraine.

Kushner’s Business Got Loans After White House Meetings
MSN – Jesse Drucker, Kate Kelly, and Ben Protess (New York Times) | Published: 2/28/2018

Two companies made loans worth more than $500 million to Jared Kushner’s family real estate firm after executives met with Kushner at the White House. Kushner is a White House senior adviser and the son-in-law of President Donald Trump. The New York Times reported that private equity firm Apollo Global Management lent $184 million to Kushner Cos., and Citigroup lent Kushner Cos. and one of its partners $325 million. There is little precedent for a top White House official meeting with executives of companies as they contemplate sizable loans to his business, say ethics experts. “This is exactly why senior government officials, for as long back as I have any experience, don’t maintain any active outside business interests,” said Don Fox, a former acting director of the Office of Government Ethics.

From the States and Municipalities:

Alabama – Ethics Reforms on Hold; Panel Will Study Issues for Next Year
AL.com – Mike Cason | Published: 3/1/2018

A bill introduced recently would make dozens of changes to Alabama’s ethics law. But legislators will not vote on that bill this year. Instead, it will provide a framework for a newly created Ethics Clarification and Reform Commission. State Attorney General Steve Marshall said individuals and businesses affected by the ethics law have asked that certain parts of it be made clearer, and there is also an effort to tighten the law. “We’ve identified, along with the Ethics Commission, certain areas that may be loopholes or holes in the law that we need to be able to close,” Marshall said.

Arizona – Debbie Lesko Accused of Moving $50K from Campaign to a PAC That Backs … Lesko
Arizona Republic – Ronald Hanson | Published: 2/21/2018

Congressional candidate Debbie Lesko steered $50,000 from her Arizona Senate campaign to a federal PAC that has supported her, a move one of Lesko’s opponents claimed is illegal. Lesko’s campaign committee, Re-elect Debbie Lesko for Senate, gave $50,000 to Conservative Leadership for Arizona, a federal PAC authorized to spend independently of other campaigns. It was created eight days before taking the money from Lesko’s state campaign committee. The new PAC raised almost no other cash, records show. And the PAC used the money to support Lesko with yard signs, while her congressional campaign spent heavily on television ads.

California – A Tiny City with Huge Problems, Maywood Faces Its Biggest Scandal Yet
Los Angeles Times – Ruben Vives and Adam Elmahrek | Published: 2/26/2018

A Los Angeles County investigation into possible corruption in Maywood has set its sights on a broad swath that includes four current and former council members, 13 companies, five current and former city administrators, and one activist who dresses up as a clown. A search warrant suggests the wide-ranging investigation dovetails with the suspicion many Maywood residents have had about politics in the city for years. Maywood is one of Southern California’s smallest and most densely packed cities. But for its tiny size, it has suffered oversized problems for more than a decade.

Illinois – Cook County Assessor Berrios Goes to Court to Keep Property Tax Lawyers’ Campaign Contributions Flowing
Chicago Tribune – Hal Dardick and Jason Grotto | Published: 2/28/2018

Cook County Assessor Joe Berrios asked a judge to void county ethics rules that place limits on campaign contributions to elected officials and candidates from those who seek “official action” from the county. Lawyers for Berrios’ argued the county rules violate the state constitution because only the Illinois Legislature has authority to set campaign contribution limits. The county, however, maintained it has the power to set its own, more-restrictive limits on campaign money to avoid quid pro quo politics. Since October, Berrios has collected more than $276,000 from those attorneys, about four-fifths of what he has received in individual contributions during that time.

Missouri – Missouri Gov. Eric Greitens Indicted for Felony Invasion of Privacy
St. Louis Post-Dispatch – Kevin McDermott and Robert Patrick | Published: 2/23/2018

Missouri Gov. Eric Greitens was indicted on a felony invasion of privacy charge. He was accused of photographing a nude or partially nude person without the person’s knowledge or consent. The indictment said Greitens then transmitted the photo in a way that allowed it to be viewed on a computer, which prosecutors said made the crime a felony rather than a misdemeanor. The charge comes weeks after the governor acknowledged having an extramarital affair in 2015, but denied reports he blackmailed the woman or took a nude photo of her without permission. Greitens, who has been governor for just over a year, has resisted calls to resign, insisting he did nothing illegal.

New York – In Spite of Executive Order, Cuomo Takes Campaign Money from State Appointees
New York Times – Shane Goldmacher, Brian Rosenthal, and Augustin Armendariz | Published: 2/24/2018

New York Gov. Andrew Cuomo has accepted donations for his re-election campaign from his own political appointees. The New York Times reports Cuomo has taken nearly $900,000 from two dozen of his appointees since taking office, as well as at least $1.3 million from spouses, children, and businesses of the appointees. The contributions come despite an executive order signed by former Gov. Eliot Spitzer banning campaign donations from most political appointees in the state. Cuomo renewed that order when he entered office. But Cuomo has reinterpreted the directive to only apply to contributions from appointees who could be fired at any time by the governor, as opposed to those appointed to set terms in office.

Oklahoma – Step Up Campaign Highlights Gap in State Disclosure Laws
Ada News – Paul Monies and Trevor Browen (Oklahoma Watch) | Published: 2/25/2018

The plan by Step Up Oklahoma to raise taxes on cigarettes, fuel, and energy failed to pass, but it highlighted a gap in state law that keeps much of the funding and spending on both sides of the issue a secret. Step Up Oklahoma, which billed itself as a grassroots coalition of business and civic groups, bought or enabled television and radio ads, robo-calls, mailers, endorsements, one-to-one outreach, and the deployment of registered lobbyists of supporting companies. Although disclosure of sources and amounts of money spent are typically required when groups directly try to influence the election of candidates and votes on ballot questions, little must be disclosed when a group or business tries to influence legislation.

Oregon – Receiving a Blanket Posed Ethical Quandary for Oregon Senator
Portland Oregonian – Andrew Selsky (Associated Press) | Published: 2/27/2018

Ted Ferrioli, the Senate Republican leader in Oregon until he stepped down in January, was presented with a beautiful wool blanket by leaders of Indian tribes as a parting gift, causing an ethical dilemma. Struggling over what to do with a blanket with a price tag of $249 shows how many public servants try to walk a fine line on gift laws. And it illustrates the scope of issues the Oregon Government Ethics Commission and its staff are tasked with dealing with.

Rhode Island – Facing Threat of Expulsion, Sen. Kettle Quits
Providence Journal – Katherine Gregg and Patrick Anderson | Published: 2/22/2018

A Rhode Island senator facing charges that accuse him of extorting a teenage page for sex has resigned. The move comes a day after Senate leaders took the extraordinary step of introducing a resolution to expel Nicholas Kettle, the Senate’s minority whip. No Rhode Island lawmaker has been expelled since the state constitution went into effect in 1843. Kettle was arrested and charged with extorting a male page for sex on two occasions in 2011 and with video voyeurism that involved trading nude photographs of his ex-girlfriend and a New Hampshire woman taken without their consent. The page would have been 16 or 17 years old at the time of the alleged extortion.

West Virginia – Coal Country Divides Over an Unrepentant Boss’s Senate Bid
New York Times – Trip Gabriel | Published: 2/26/2018

When mining company owner Don Blankenship finished his one-year prison sentence for conspiracy to violate safety laws, rather than express remorse or contrition over the explosion in the Upper Big Branch coal mine that killed 29 men in 2010, he announced a run for the U.S. Senate. His return to the public eye has reawakened painful memories in West Virginia, especially for relatives of the disaster’s victims. At one of Blankenship’s meet-and-greet events with voters, protesters held signs saying: “You must be joking.” But in the coal fields, many people do not think his candidacy is a joke. Blankenship has found support there for his claim to be a victim himself, pursued unfairly by federal prosecutors and mine safety inspectors.

West Virginia – Justice Company Rep Has Unique Access to Capitol Among Lobbyists
Charleston Gazette-Mail – Jake Zuckerman | Published: 2/24/2018

Among the more than 100 registered lobbyists in West Virginia, only Larry Puccio has an electronic access card to the Capitol. Puccio represents The Greenbrier resort and Southern Coal Corp., both of which are owned by Gov. Jim Justice. The card grants access to doors not open to the general public and can be used to avoid sometimes-lengthy security lines at the public entrances. House Bill 2965 would allow any person to apply for an electronic access card to the Capitol complex, which would cost $250 for people who are not state employees.

Wisconsin – State Elections Commission Chief Stepping Down Amid Criticism from Republicans
Milwaukee Journal Sentinel – Jason Stein | Published: 2/27/2018

Wisconsin’s top elections official, Michael Haas, says he will not continue in that role, ending a showdown between the state Elections Commission, which backed Haas, and Senate Republicans who demanded his ouster. Haas said he plans to keep working temporarily at the commission as an attorney, but intends to eventually leave to pursue other opportunities. The Wisconsin Ethics Commission voted to name ethics specialist Colette Reinke as the interim replacement for former Administrator Brian Bell, who also resigned after the Senate rejected his confirmation. Reinke will serve for 90 days and not apply for the permanent job.

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