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.

The Kansas Legislature adjourned its legislative session on Sunday, April 8, 2018.

During the late hours of the session, lawmakers approved an increase in spending for education in response to a court order.

The bill has been publicly supported by Gov. Jeff Colyer. The Legislature will reconvene on April 26.

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.