National:

Wary of Hackers, States Move to Upgrade Voting Systems
New York Times – Michael Wines | Published: 10/14/2017

State election officials, worried about the integrity of their voting systems, are pressing to make them more secure ahead of next year’s midterm elections. Reacting in large part to Russian efforts to hack the presidential election last year, a growing number of states are upgrading electoral databases and voting machines, and even adding cybersecurity experts to their election teams. The efforts amount to the largest overhaul of the nation’s voting infrastructure since the contested presidential election in 2000 spelled an end to punch-card ballots and voting machines with mechanical levers.

Federal:

Republican Lawmakers’ Posh Hideaway Bankrolled by Secret Corporate Cash
Center for Public Integrity – Carrie Levine | Published: 10/18/2017

Behind the scenes at the Republican National Convention in Cleveland, several major corporations and trade groups secretly bankrolled a plush hideaway for lawmakers. The companies funded Friends of the House 2016 LLC, which in turn paid for the design and outfitting of an exclusive office, lounge, and gathering space for legislators, and controlled access to the so-called cloakroom. That effectively hid the corporations’ donations from public view. National political conventions are legendary opportunities for access to lawmakers, despite ethics reforms passed in the wake of influence peddling scandals. Complex rules govern even the details of events, such as food menus, but often turn on technical points, forcing lawyers to double-check legal advice every four years.

From the States and Municipalities:

California: Female Lawmakers, Staffers and Lobbyists Speak Out on ‘Pervasive’ Harassment in California’s Capitol
Los Angeles Times – Melanie Mason | Published: 10/17/2017

More than 140 women – including state legislators, staff, political consultants, and lobbyists – are signing a letter calling out the “pervasive” culture of sexual harassment and mistreatment that plagues California politics. Their goal is to prompt changes in how harassment is handled and to force some soul-searching among those at the Capitol. Sexism is not exclusive to politics, but it can be particularly potent, many of the letter’s participants said, because of an imbalanced dynamic in which lawmakers and top lobbyists – predominantly men – hold much of the decision-making power.

Idaho: Idaho Lawmakers Reject Removal of Campaign Donation Limits; Call for More Reporting, Disclosure
Spokane Spokesman-Review – Betsy Russell | Published: 10/18/2017

A bipartisan working group of Idaho lawmakers rejected a proposal to eliminate all the state’s limits on campaign contributions, and instead endorsed changes to require more frequent and more detailed disclosures, including adding new reporting in local races and requiring information about who is behind shadowy outside groups that run independent expenditure campaigns. The panel also received a draft bill to give Idaho its first-ever financial disclosure requirements for officeholders and candidates; Idaho is one of just two states with no such requirements.

Kansas: Olathe GOP Lawmaker Takes on Additional Job: Senior government strategist with Cerner
Kansas City Star – Hunter Woodall | Published: 10/18/2017

Kansas Rep. Erin Davis has taken a job with the Cerner Corp. as a senior government strategist while still holding elected office. She said she did not see her Cerner job as a conflict-of-interest. “My territory is [the] Northwest United States. … Kansas is not part of my territory,” Davis said. The Kansas Department of Health and Environment currently has a contract with Cerner that runs through the end of 2019 to administer the state employee health plan wellness program.

Louisiana: As Quatrevaux Leaves New Orleans IG’s Office, Turmoil and Infighting Abound: ‘It’s vindictive’
New Orleans Advocate – Jessica Williams | Published: 10/17/2017

New Orleans; inspector general for the past eight years, Ed Quatrevaux, is retiring under duress after the board that oversees his work announced a national search for a replacement and after a report written by Howard Schwartz, a top deputy, alleged mismanagement and even corruption within the office. A second top deputy who was targeted in the report, Nadiene Van Dyke, is also expected to retire. On his way out, Quatrevaux fired Schwartz, accusing him of bias and a conflict-of-interest, essentially saying Schwartz had written the report to line up the top job for himself. Given the bitterness of the infighting, there is a range of opinions about how to restore the luster to an office whose efficacy largely depends on its reputation for integrity.

Maine: Lawmakers Call York County Casino Campaign a ‘Case Study’ in Abuse of Initiative Process
Portland Press Herald – Scott Thistle | Published: 10/18/2017

The ballot question that asks Maine voters to allow a developer to build a casino in the state is the “poster child” for a citizen’s referendum process run amok, members of the Legislature’s Government Oversight Committee said. Sen. Roger Katz said the casino campaign violates the intent of the referendum process, a part of the Maine Constitution meant to give citizens a way to enact laws through a statewide vote if their elected representatives fail to respond to public concerns. He said the committee would explore ideas at its next meeting for reforming the initiative process.

Maryland: Ex-Liquor Board Director Admits Tipping Off Those in Bribery Scheme to FBI Probe
Washington Post – Lynh Bui | Published: 10/18/2017

A former Prince George’s County liquor board official pleaded guilty to conspiracy, bribery, and obstruction of justice. Prosecutors say David Dae Sok Son acted as a middle man between liquor store owners and elected officials to influence state legislation related to Sunday liquor sales. When the FBI questioned Son in December, he then tried to tip off people being investigated about the probe, prosecutors said. Son also told a restaurant manager in Beltsville who had agreed to pay a $50,000 bribe for a liquor license that the authorities were investigating the manager. That manager subsequently left the country.

Massachusetts: Massachusetts’ Top Court to Rule on Union Campaign Donation Loophole
New Boston Post – Evan Lips | Published: 10/12/2017

A conservative fiscal watchdog that has spent the last several years trying to overturn Massachusetts’ ban on campaign donations from business owners announced its case will be decided by the state’s top court. The Massachusetts Fiscal Alliance began challenging the state’s union donation loophole in court in 2015. State campaign finance law allows labor groups, even those based out of state, to flood Massachusetts political campaigns with donations of up to $15,000. In-state businesses, however, are barred from paying anything to prop up candidates. Donations from individuals, meanwhile, are capped at $1,000.

New Jersey: N.J. Elections: Political fundraising laws must be updated, watchdog commission says
Bergen Record – Catherine Carrera | Published: 10/18/2017

In what the state Election Law Enforcement Commission (ELEC) says is an indication that campaign donors are sidestepping New Jersey’s “pay-to-play” laws, fundraising by party-based committees is down for the 2017 election cycle when compared with 2013, the last time the governor’s seat and full Legislature were up for grabs. That has led to calls from the ELEC to update the laws regarding political donations, particularly those that apply to special-interest groups that are loosely affiliated with a party. Those PACs are not subject to current laws that require full disclosure.

New York: Vance Controversy Spotlights Lax Campaign Finance Rules for District Attorneys
Gotham Gazette – Rachel Silberstein | Published: 10/16/2017

Manhattan District Attorney Cyrus Vance Jr. was recently dragged into an unflattering spotlight over his decision not to prosecute disgraced movie producer Harvey Weinstein for a forcible touching incident in 2015 and for dropping a fraud investigation into members of the Trump family, while apparently receiving campaign contributions from lawyers associated with both parties. While it is not illegal, or uncommon, for district attorneys to accept contributions from lawyers in any type of practice, the details of the two cases, including the relevant campaign donations, are drawing newfound scrutiny to New York’s loose campaign finance rules for prosecutors and invite a new strain of questions about whether legal immunity can be bought by the rich and powerful.

Ohio: All State Senators Will Undergo Sexual Harassment Training, Senate President Says
Cleveland Plain Dealer – Laura Hancock | Published: 10/18/2017

Ohio Senate President Larry Obhof said all senators will be required undergo sexual harassment training in the wake of Sen. Cliff Hite’s resignation for inappropriate behavior toward a woman. Hite said he talked to a female state employee in a way that was inappropriate for a married man and asked her for hugs. He said there was no physical contact beyond that. Obhof also said he does not think the Senate has a widespread problem with sexual harassment. He said the training, for both Republicans and Democrats and their staffs in the Senate, is intended to eliminate any ambiguity over what is and is not appropriate.

Pennsylvania: Philly PAC Hit with Record Fine for Failing to Report $160,000 in Campaign Spending
WHYY – Dana DiFilippo | Published: 10/16/2017

A PAC faces a $60,000 fine for failing to file required campaign finance reports for money it spent to sway voters in Philadelphia’s May 2015 primary. Three city council members paid thousands of dollars to Citizens Organizing for Pennsylvania’s Security to help influence voters. So did developer Ori Feibush, who sent the PAC more than $65,000 during his failed bid to for the council. Those payments were legal and the campaigns filed the necessary reports. But how the PAC spent the money has remained a mystery, since it did not file campaign finance reports, as city law requires.

South Carolina: Criminal Conspiracy Charges Lodged against Richard Quinn, 4 Others in S.C. Statehouse Corruption Case
Charleston Post and Courier – Glenn Smith and Andy Shain | Published: 10/18/2017

Political consultant Richard Quinn, along with former state Reps. Jim Harrison and Tracy Edge, were indicted in a corruption scheme that has now ensnared half a dozen South Carolina lawmakers. In addition, Rep. Rick Quinn, the elder Quinn’s son, was charged with criminal conspiracy. Sen. John Courson was charged with statutory misconduct in office. Both Rep. Quinn and Courson already faced other misconduct charges. Richard Quinn has been a clear target of the probe for months but the consultant had largely remained on the sidelines as others around him were indicted. The newest developments bring him front and center in the criminal case while looping in present and former lawmakers with ties to a firm with tentacles throughout state government.

Tennessee: Michael Flynn, Nicki Minaj Shared Content from This Tennessee GOP Account. But It Wasn’t Real. It Was Russian.
Washington Post – Craig Timberg, Elizabeth Dwoskin, and Adam Entous | Published: 10/18/2017

Russian internet trolls ran a popular Twitter account that claimed to belong to the Tennessee Republican Party. Twitter took nearly a year to shut down the account, @TEN_GOP, despite repeated notifications from the state’s real Republican Party pointing out the account was fake. The account had a knack for pushing incendiary content across the social media platform. The list of prominent people who tweeted out links from the account includes political figures such as Michael Flynn and Roger Stone, celebrities like Nicki Minaj and James Woods, and media personalities such as Ann Coulter and Chris Hayes. There is no evidence any of them knew the account was run by Russians.

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:

Angry GOP Donors Close Their Wallets
Politico – Alex Isenstadt and Gabriel Debenedetti | Published: 10/5/2017

With the Republican agenda at a virtual standstill on Capitol Hill, the party is contending with a hard reality. Some of the GOP’s most elite and influential donors, who spent the past eight years plowing cash into the party’s coffers in hopes of accomplishing a sweeping conservative agenda and undoing President Obama’s legislative accomplishments, are closing their wallets. The backlash is threatening to deprive Republicans of resources just as they are gearing up for the midterms. Party officials are so alarmed that U.S. Sen. Thom Tillis, who oversees fundraising for the National Republican Senatorial Committee, told his colleagues that contributions had fallen off a cliff after the Obamacare flop.

Monsanto Banned from European Parliament
The Guardian – Arthur Nelson | Published: 9/28/2017

Lobbyists for Monsanto were barred from the European Parliament under new rules designed to force companies to submit to more scrutiny by lawmakers. The decision is the first time a company has violated European Union rules that came into force this January and means lobbyists for companies that do not co-operate in legislative hearings can have their access to parliament withdrawn. The parliament banned Monsanto lobbyists after the chemical company refused to attend a hearing into allegations that it interfered with safety studies.

Too Young to Vote, but Asking for Yours
New York Times – Lisa Foderaro | Published: 9/29/2017

Across the New York region, and indeed the country, young people are turning their attention to politics, motivated in part by the election of President Trump. From mayoral races to state legislative campaigns, teenagers and others who are too young to vote are canvassing neighborhoods and learning the intricacies of electoral politics. Some are running for office themselves.

Federal:

Health Secretary Tom Price Resigns After Drawing Ire for Chartered Flights
New York Times – Peter Baker, Glenn Thrush, and Maggie Haberman | Published: 9/29/2017

Tom Price, President Trump’s embattled health and human services secretary, resigned amid criticism of his extensive use of taxpayer-funded charter flights. Price, a multimillionaire and orthopedic surgeon by training, had announced he would reimburse the government for a fraction of the costs of his charter flights in recent months. Politico estimated the total expense of the taxpayer-funded trips exceeded $400,000. The ruckus prompted by the secretary’s travel habits followed complaints earlier this year by Democrats and other critics about his ethics for a separate reason: private investments he made while a House member in health-care companies that could have benefited from bills he sponsored.

Liberal Groups Got IRS Scrutiny, Too, Inspector General Suggests
Washington Post – Mike DeBonis | Published: 10/3/2017

The Treasury Inspector General for Tax Administration identified scores of cases in which the IRS may have targeted liberal-leaning groups for extra scrutiny based on their names or political leanings. A 2013 report found 96 groups with names referencing “Tea Party,” “Patriot,” or “9/12” were selected for intensive review between May 2010 and May 2012, and the House Ways and Means Committee later identified another 152 right-leaning groups that were subjected to scrutiny. Those findings fueled accusations by Republican lawmakers that the Obama administration engaged in politically motivated targeting of conservatives. But Democrats have long challenged those claims, arguing that liberal-leaning groups were given close scrutiny alongside the conservative groups.

Russians Took a Page from Corporate America by Using Facebook Tool to ID and Influence Voters
Washington Post – Elizabeth Dwoskin, Craig Timberg, and Adam Entous | Published: 10/2/2017

The use of Facebook’s Custom Audiences tool by Russian operatives adds to an emerging picture of the effort to shape the U.S. election and sow division using tools built by American technology companies. It makes clear that Russians used Facebook to direct their influence campaigns to voters whom they had already tracked and to find new ones wherever they browsed the Internet, even if they used multiple devices such as a smartphone for work or a tablet at home. Targeted people might also have directed that same disinformation, whether intentionally or not, to people linked to them on social networks, such as their friends on Facebook.

From the States and Municipalities:

Alabama: Two Balch & Bingham Lawyers and One Drummond Executive Indicted in Bribery of State Legislator
AL.com – Kevin Faulk | Published: 9/28/2017

Two attorneys with a prominent Alabama law firm and a coal company executive have been indicted on charges of bribing a state legislator to oppose an environmental cleanup plan. Joel Gilbert and Steven McKinney are named on charges including conspiracy and bribery. They are partners handling environmental litigation with Balch & Bingham, one of Alabama’s leading law firms. Drummond Co. vice president David Roberson was charged with the same crimes. Top of Form The three are accused of bribing former state Rep. Oliver Robinson, who pleaded guilty to accepting $360,000 in payments. Prosecutors say the law firm represented Drummond, and Robinson got a contract to oppose an expansion of an environmental cleanup site linked to Drummond.

Arizona: ASU, AU Shield Lobbying Expenses Via Foundations
Arizona Center for Investigative Reporting – Jim Small | Published: 9/29/2017

The state’s two largest public universities have for years been represented at the Capitol by powerful lobbying firms, though neither Arizona State University or the University of Arizona has records of hiring a contract lobbyist. Instead, each school’s nonprofit foundation has contracted directly with outside lobbyists to advocate at the Legislature on behalf of the schools. As a result, it is impossible for the public to know how much lobbying firms are being paid to represent the interests of public universities. State law does not require university foundations to disclose donors or expenditures, aside from the information required to be made public by federal tax laws governing 501(c)(3) nonprofits. Annual 990 forms require only summary figures for broad categories of income or expenses.

Florida: Figures in FBI Probe Worked Uber Ordinance Behind the Scenes
Tallahassee Democrat – Jeff Burlew | Published: 9/29/2017

Two central figures in the FBI’s public corruption probe in Tallahassee worked behind the scenes to help Uber and its taxicab rivals as city commissioners hashed out changes to their regulations on ride-sharing. Uber hired Paige Carter-Smith, executive director of the Downtown Improvement Authority and a close friend of city Commissioner Scott Maddox, as part of its consulting team. On the other side, Yellow Cab hired Adam Corey, a lobbyist and longtime friend of Mayor Andrew Gillum. But their work on the ordinance was never publicly disclosed, and neither one of them ever registered with the city as lobbyists for their respective clients.

Florida: Report: Review shows Florida’s utility watchdog has become a lapdog
Miami Herald – Mary Ellen Klas | Published: 10/2/2017

A watchdog group is calling for changes in the state’s Public Service Commission, citing a series of decisions involving Florida Power & Light (FPL). The result, said Integrity Florida, is that FPL and the state’s other large investor-owned utilities influence the governor and Legislature through lobbying and campaign contributions, and they have used that power to pursue favorable decisions by the commission, the group said in a report.

Maryland: Loosened Fundraising Rules Unleashing Big Cash for 2018 Maryland Elections
Baltimore Sun – Erin Cox | Published: 10/1/2017

The 2018 election cycle in Maryland, which includes races for governor, attorney general, General Assembly, and several county executives, is the first full cycle since a U.S. Supreme Court ruling lifted the cap on the total amount donors may give to candidates. That 2014 ruling and a 2010 high court decision on PACs, analysts say, could unleash campaign spending up and down the ballot unlike anything Maryland has seen. “It really opened the floodgates,: said Jared DeMarinis, director of candidacy and campaign finance at the State Board of Elections.

Missouri: GOP Mega Donor Should Face $320,000 Ethics Fine, Missouri Democrat Says
Kansas City Star – Jason Hancock | Published: 10/4/2017

State Rep. Mark Ellebracht is calling on the Missouri Ethics Commission to levy fines totaling $320,000 against a major Republican campaign donor. Ellebracht said businessperson David Humphreys employed a lobbyist for the past two years who was not registered. The lobbyist, Paul Mouton has admitted to the commission that he worked for Humphreys and discussed proposed legislation with state lawmakers and their staff during the 2016 and 2017 legislative sessions. Mouton was fined $2,000 for not registering but will only have to pay $200 if he does not violate state lobbying laws within the next two years.

New York: More Corruption Trials? Possible Reprise Makes Albany Groan
New York Times – Jesse McKinley | Published: 10/4/2017

With the recent reversals of guilty verdicts on corruption charges of former New York Assembly Speaker Sheldon Silver and Dean Skelos, the former state Senate majority leader, it seems inevitable that Albany’s dirty laundry, and the actions of some of its powerful participants, will once again be hung out for examination. This time around, the courtroom rehashing of alleged misdeeds may occur during an election campaign, one in which Gov. Andrew Cuomo will be seeking a third term and all 213 Assembly and Senate seats will be up for grabs.

Washington: Armed with a Marimba, Lawmaker Puts on Concerts to Cover Legal Fees from Ethics Case
Tacoma News Tribune – Melissa Santos | Published: 9/28/2017

Washington Rep. Melanie Stambaugh is having marimba concerts at her business to pay for the $35,000 in legal costs she racked up during a recent ethics case over her social media posts. She was found to have committed 44 ethics violations for posting videos and photos produced by legislative staff to her Facebook page. Stambaugh said the concerts also include inspirational talks that focus in part on the confidence it took for her to stand up to the Legislative Ethics Board. It is possible the marimba concerts could cause her to run afoul of the ethics board once again.

Wisconsin: Kennedy’s Vote Is in Play on Voting Maps Warped by Politics
New York Times – Adam Liptak and Michael Shear | Published: 10/3/2017

The U.S. Supreme Court heard arguments in a case that could reshape American democracy by considering whether extreme partisan gerrymandering violates the Constitution. There was something like consensus that voting maps warped by politics are an unattractive feature of American democracy. But the justices appeared split about whether the court could find a standard for determining when the practice had crossed a constitutional line.

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.

Lobbying

“Lobbyists Use of Capitol Meeting Space Raises Questions” by Kate Ackley for Roll Call

Campaign Finance

Missouri: “In Missouri, New Campaign Limits Spur Growth of PACs” by Kurt Erickson for St. Louis Post-Dispatch

Pennsylvania: “Former Judge Admits Concealing Payments He Got from Brady Campaign” by Jeremy Roebuck for Philadelphia Inquirer

Texas: “Amid Legal Challenge, Austin May Craft New Campaign Fundraising Limits” by Elizabeth Findell for Austin American-Statesman

Ethics

“Trump’s Company Had More Contact with Russia During Campaign, According to Documents Turned Over to Investigators” by Tom Hamburger, Rosalind Helderman, and Adam Entous for Washington Post

“Russians Took a Page from Corporate America by Using Facebook Tool to ID and Influence Voters” by Elizabeth Dwoskin, Craig Timberg, and Adam Entous for Washington Post

Florida: “Report: Review shows Florida’s utility watchdog has become a lapdog” by Mary Ellen Klas for Miami Herald

Legislative Issues

Michigan: “Mass Turnover Fuels Push for Mich. Term Limit Reform” by Jonathan Oosting for Detroit News

Redistricting

“Kennedy’s Vote Is in Play on Voting Maps Warped by Politics” by Adam Liptak and Michael Shear for New York Times

Jon Spontarelli is delivering this weeks news you can use digest from the Public Affairs Council State and Local Government Relations Conference in Alexandria, VA.

A bipartisan group of lawmakers on the Legislative Management Committee voted 12-4 in favor of filing a lawsuit in North Dakota’s Supreme Court in response to Gov. Doug Burgum’s vetoes of legislation.

Legislators are upset over the governor’s use of his line-item veto to change parts of several spending bills, arguing that the intent of the legislation was changed by the deletion of the words and phrases.

Lawmakers argue their legislative authority to spend money has been violated, while the executive branch contends its executive authority is being violated by the challenge.

National:

GOP Governors Launch a ‘News’ Website with a Mission to Get Themselves Elected
Business Insider – Bill Barrow (Associated Press) | Published: 9/19/2017

The Republican Governors Association (RGA) launched an online publication that looks like a media outlet and is branded as such on social media. The Free Telegraph blares headlines about the virtues of GOP governors, while framing Democrats negatively. It asks readers to sign up for breaking news alerts. It launched in the summer bearing no acknowledgement that it was a product of an official party committee whose sole purpose is to get more Republicans elected. The RGA describes the website as routine political communication. Critics say it pushes the limits of honest campaign tactics in an era of increasingly partisan media and a proliferation of “fake news” sites.

Your Favorite Companies May Be Political Black Boxes
Center for Public Integrity – Lateshia Beachum | Published: 9/26/2017

A new study on corporate disclosure and accountability showed a slight dip in the number of companies that disclosed some or all their election-related spending, or banned such spending altogether. The study also revealed a trend toward more managerial and board oversight of political spending and more disclosure or prohibition of campaign donations. Scores were calculated based on 24 indicators that range from whether a company publicly discloses corporate contributions to political committees and organizations, including politically active nonprofit organizations that do not themselves disclose their donors, to whether it posts a detailed report of its corporate political spending on its website.

Federal:

At Least 6 White House Advisers Used Private Email Accounts
New York Times – Matt Apuzzo and Maggie Haberman | Published: 9/25/2017

At least six members of President Trump’s White House have used private email addresses while conducting government business. Current and former officials say former White House Chief of Staff Reince Priebus, former chief strategist Stephen Bannon, and current advisers Gary Cohn and Stephen Miller sent or received government-related emails on personal email accounts, in addition to two staffers who were previously reported. The news follows reports that senior adviser and Trump’s son-in-law Jared Kushner has used a private email for White House business, and that Ivanka Trump used a personal email account to communicate with a member of the administration.

Ethics Office: Anonymous gifts to legal defense funds are not allowed
The Hill – Megan Wilson | Published: 9/28/2017

The Office of Government Ethics (OGE) clarified its policy on legal defense funds, stating that anonymous contributions should not be accepted. The announcement comes after a report that suggested the OGE was departing from internal policy regarding the donations, paving the way for federal officials to accept anonymous donations from otherwise prohibited groups, such as lobbyists, to offset their legal bills. The White House has said it would not allow an employee to receive anonymous donations should someone set up a legal defense funds.

Russian Operatives Used Facebook Ads to Exploit Divisions Over Black Political Activism and Muslims
Washington Post – Adam Entous, Craig Timberg, and Elizabeth Dwoskin | Published: 9/25/2017

The batch of more than 3,000 Russian-bought ads that Facebook is preparing to turn over to Congress shows a deep understanding of social divides in American society, with some ads promoting African-American rights groups including Black Lives Matter and others suggesting these same groups pose a rising political threat. The Russian campaign, taking advantage of Facebook’s ability to simultaneously send contrary messages to different groups of users based on their political and demographic characteristics. These targeted messages highlight the sophistication of an influence campaign slickly crafted to mimic and infiltrate U.S. political discourse while also seeking to heighten tensions between groups already wary of one another.

Skadden, Big New York Law Firm, Faces Questions on Work with Manafort
New York Times – Kenneth Vogel and Andrew Kramer | Published: 9/21/2017

The U.S. Justice Department asked a prestigious law firm for documents and information related to its work for deposed Ukrainian President Viktor Yanukovych, on whose behalf Paul Manafort, President Trump’s former campaign chairperson, also worked. The New York Times reported that the Justice Department asked Skadden, Arps, Slate, Meagher & Flom for information and documents relevant to its work on Yanukovych’s behalf. Tt was not clear whether the request was related to special counsel Robert Mueller’s investigation into Russian interference in the 2016 election, which has focused in recent months on Manafort.

From the States and Municipalities:

Arizona: 116 Arizona Lobbyists Could Face Attorney General Investigation
Arizona Republic – Alia Beard Rau | Published: 9/22/2017

The Arizona secretary of state’s office referred 116 lobbyists to the state attorney general after they did not file the 2017 second-quarter expenditure reports required under state law. The reports provide details about which public official the lobbyist spent money on, what was paid for, and which company benefited. The reports were due by July 31. If they do not comply, the lobbyists can face fines up to $1,000 each. Records indicate many of the lobbyists on the list are not active. Matt Roberts, a spokesperson for the secretary of state, said inactive lobbyists still must file reports if they were active during that reporting period.

California: Anaheim’s Lobbyist Sunshine Ordinance Will Be Largely Self-Enforced
Voice of OC – Thy Vo | Published: 9/20/2017

New restrictions on lobbyists now are in effect in Anaheim, although enforcement of the law will be largely self-reported. The city attorney will not be proactively questioning whether certain employees and contractors are in compliance with the law, said city spokesperson Mike Lyster. Instead, council members or city commissioners can request the city clerk to determine whether someone is a lobbyist and needs to register. Lobbyists are required to register within 15 days after any lobbying activity. The first quarterly report is not due until January 2018.

Illinois: Lobbying Is All in the Zalewski Family
Chicago City Wire – W.J. Kennedy | Published: 9/26/2017

In an era in which states are barring politicians from lobbying their former colleagues until after a waiting period, an investigation found three current elected officials in Illinois working as lobbyists. And it is legal. Chicago Alderman Michael Zalewski lobbies the Legislature with the Z Consulting Group. Zalewski’s son is a representative who by all appearances lobbies the city of Chicago through the law firm of Taft Stettinius & Hollister. State Sen. Toi Hutchinson is registered in Cook County in her role as director of community relations and social responsibility for the law firm of Chapman and Cutler.

Maine: Lawmakers Make Case That Maine’s Initiative Process Is Being Gamed
Portland Press Herald – Scott Thistle | Published: 9/25/2017

Lawmakers on the Government Oversight Committee made the case that Maine’s initiative process is being gamed, and pointed to a flow chart showing a dizzying array of out-of-state and overseas entities with ties to the casino referendum on the November ballot. The committee said it is still gathering facts and has not launched a formal investigation into the ballot question campaign, but lawmakers on the panel said they were concerned the casino ballot question and several others in recent years were not the work of Maine citizens, but stemmed from out-of-state interests looking to cash in on the state’s citizen initiative process.

Maryland: Maryland Lobbyist Pleads Guilty to Bribing Lawmaker to Help with Prince George’s Liquor Licenses
Washington Post – Drew Gerber | Published: 9/22/2017

A Maryland lobbyist has pleaded guilty to a federal bribery charge. Matthew Gorman pleaded guilty to paying then-Prince George’s County Councilperson William Campos $2,000 in 2013 for writing a letter to the county’s liquor board recommending a business receive a license. Gorman faces up to 10 years in prison. Campos, a former state delegate, pleaded guilty to accepting $40,000 to $50,000 from people for official actions while he was on the council. Eight people have been charged in the probe, including former Del. Michael Vaughn.

Missouri: Ethics Panel Fines Adviser to Missouri Mega Donor at Center of Pay-to-Play Allegations
Kansas City Star – Jason Hancock | Published: 9/27/2017

The Missouri Ethics Commission and a political consultant agreed to a consent order that involved the man’s failure to register as a legislative lobbyist over the last two years. The consultant, Paul Mouton, agreed to pay a fee of $2,000, with all but $200 stayed if he follows other provisions of the order. The order instructs Mouton to register as a lobbyist and file necessary disclosure reports.

New Mexico: Did Gov. Susana Martinez Break SEC Rules in New Mexico Pension Deals?
International Business Times – David Sirota, Josh Keefe, and Andrew Perez | Published: 9/20/2017

With New Mexico reeling from an influence-peddling scandal involving state investments in 2010, voters elected a new governor promising a swift crackdown. But as Gov. Susana Martinez’s second term draws to a close, an investigation shows that when it comes to campaign cash from managers of state investments, Martinez turned a blind eye to the ethical standards she championed. During her tenure, New Mexico has been giving lucrative investment deals to financial firms whose executives have delivered big campaign donations to Martinez and to groups that have supported her election campaigns, a situation that may have violated the very “pay-to-play” rules that were passed in the wake of the previous scandals.

New York: Dean Skelos Has Conviction Overturned; Prosecutors Will Pursue Retrial
Albany Times Union – Staff | Published: 9/26/2017

A federal appeals court overturned the bribery and other convictions of former New York Sen. Dean Skelos, asserting jurors were wrongly instructed in the case based on a recent U.S. Supreme Court decision that narrowed what constitutes public corruption. The appeals court also vacated the convictions of Skelos’s son, Adam. Dean Skelos, prosecutors said, targeted businesses that depended on state help either through legislation or contracts and forced them to pay his son hundreds of thousands of dollars for jobs where he did not actually have to work. Federal prosecutors have vowed to promptly pursue retrials.

Ohio: BlackRock Executive’s Kasich Donation May Cost $37 Million
Bloomberg.com – Miles Weiss | Published: 9/25/2017

A senior BlackRock executive donated to an unsuccessful U.S. presidential candidate last year, an action that may prohibit the world’s largest asset manager from collecting some fees from the state of Ohio. Mark Wiedman, a BlackRock senior managing director, gave $2,700 to the presidential campaign of Ohio Gov. John Kasich, who was seeking the Republican Party nomination. Federal securities rules prohibit companies or their executive officers from contributing to government officials who could influence the hiring of a fund manager or have authority to appoint a person who could do so and then providing asset management services to their governments for a fee. The ban is in effect for two years after the contribution is made. The state of Ohio uses BlackRock-managed funds.

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.

Lobbying

Illinois: “Lobbying Is All in the Zalewski Family” by W.J. Kennedy for Chicago City Wire

Missouri: “Ethics Panel Fines Adviser to Missouri Mega Donor at Center of Pay-to-Play Allegations” by Jason Hancock for Kansas City Star

Campaign Finance

“Your Favorite Companies May Be Political Black Boxes” by Lateshia Beachum for Center for Public Integrity

Alabama: “Former House Majority Leader Micky Hammon Pleads Guilty to Mail Fraud” by Brian Lyman for Montgomery Advertiser

Maryland: “Rawlings-Blake to Repay More Than $5K in Expenses to Campaign” by Luke Broadwater for Baltimore Sun

New York: “NY Senator Wants to Make It Illegal for Powerful Interests to Hide Behind LLCs” by Emma Whitford for Gothamist

Ethics

“Trump’s Health Secretary May Not Be Leaving Just Yet” by Jennifer Epstein, Justin Sink and Anna Edney for Bloomberg.com

“Bills to Protect Mueller Are Bipartisan, but the Path Forward Is Uncertain” by Nicholas Fandos for New York Times

Legislative Issues

California: “What a Difference Three Days Makes: How voters shook up California’s Legislature” by Laurel Rosenhall for CALmatters

National:

Request Denied: States try to block access to public records
San Jose Mercury News – Andrew DeMillo and Ryan Foley (Associated Press) | Published: 9/17/2017

State lawmakers across the country introduced and debated dozens of bills during this year’s legislative sessions that would close or limit public access to a wide range of government records and meetings. Most of those proposals did not become law, but freedom-of-information advocates in some states said they were struck by the number of bills they believed would harm the public interest, and they are bracing for more fights next year.

Federal:

Government Ethics Office Says It Will Stick with Ban on Anonymous Gifts
Politico – Darren Samuelsohn | Published: 9/15/2017

David Apol, the acting director of the Office of Government Ethics, said the agency is sticking with its long-standing stance prohibiting anonymous donations to White House legal defense funds, despite recently putting forward language that appeared to undercut that position. The OGE has been under fire in the wake of a report detailing a potentially critical change to the agency’s official guidance document that the OGE’s recently departed director said could give a green light to President Trump’s aides to accept anonymous donations to pay their attorney bills. But Apol said there has been no change, and he has been giving advice to outside groups that are coming forward to set up legal defense funds for Trump aides as the Russia probe intensifies that they should have their donors disclose their identities.

Trump Lawyers Clash Over How Much to Cooperate with Russia Inquiry
New York Times – Peter Baker and Kenneth Vogel | Published: 9/17/2017

President Trump’s lawyers are clashing over how much to cooperate with special counsel Robert Mueller. At the heart of the conflict is an issue that has challenged multiple presidents during inquiries: how to handle the demands of investigators without surrendering the institutional prerogatives of the office of the presidency. The debate in the West Wing has pitted Donald McGahn, the White House counsel, against Ty Cobb, a lawyer brought in to manage the response to the investigation. The friction escalated in recent days after Cobb was overheard by a reporter for The New York Times discussing the dispute during a lunchtime conversation at a popular Washington restaurant.

With a Picked Lock and a Threatened Indictment, Mueller’s Inquiry Sets a Tone
New York Times – Sharon LaFraniere, Matt Apuzzo, and Adam Goldman | Published: 9/18/2017

The raid on the home of Paul Manafort, President Trump’s former campaign chairperson, is an example of the aggressive tactics used by special counsel Robert Mueller and his team of prosecutors in the four months since taking over the Justice Department’s investigation into Russia’s attempts to disrupt last year’s election. Dispensing with the plodding pace typical of many white-collar investigations, Mueller’s team has used what some describe as shock-and-awe tactics to intimidate witnesses and potential targets of the inquiry.

From the States and Municipalities:

California
California Passes Bill to Track ‘Dark Money’ in Political Ads and Campaigns
StateScoop – Jason Shueh | Published: 9/18/2017

California lawmakers passed Assembly Bill 249, which its advocates say will spotlight “dark money” fueling political advertising. If signed by Gov. Jerry Brown, the state’s swarms of online ads, mass emails, and other media will be required to reveal the names of previously hidden donors within advertisements. The bill is designed to further state transparency efforts by eliminating common campaign funding tactics that use the names of political committees and groups to camouflage corporations, wealthy individuals, and political organizations.

California
Why Didn’t School Board President Ref Rodriguez Just Write Himself a Big Check?
Los Angeles Times – David Zahniser, Anna Phillips, and Howard Blume | Published: 9/17/2017

Los Angeles school board president Refugio Rodriguez, who won his school board seat in 2015, legally could have poured as much of his own money as he liked into his campaign. So why would he, as prosecutors claim, have arranged for others to donate and then use his funds to illegally pay them back? That question looms large as Rodriguez faces three felony charges in what investigators call a campaign money laundering scheme. Bob Stern, co-author of the California Political Reform Act, said he could not recall another case over the past 40 years of a sitting politician being accused of illegally paying back his own contributors. In campaigns, such violations are typically committed by donors or fundraisers, he said, not the politicians themselves.

Colorado
Big Bucks Flow to Colorado Lobbyist Offices Steps from The Capitol
KUNC – Sandra Fish | Published: 9/13/2017

The nearly 600 lobbyists and lobbying firms in Colorado reported earning a total of $30 million in fiscal year 2017. Nearly half of the total is concentrated among the top 20 firms and individuals. Lobbyists’ busiest time of the year are the four months of the legislative session. Income reported to the secretary of state’s office bears that out. Lobbyist Julie McKenna said the hours are long during the legislative session. The four lobbyists in her firm reported tracking more than 300 bills earlier this year.

Kentucky
Millions Go to Board Members of Lexington’s Farmland Conservation Program
Lexington Herald-Leader – Beth Musgrave | Published: 9/18/2017

Six current or former members of a board that oversees a Fayette County farmland preservation program have received millions of dollars from the program.  In total, past and current members of the Rural Land Management Board have received $6.2 million in payments for conservation easements on their farms as part of the Fayette County Purchase of Development Rights program. Farms that are owned or partially owned by three of those former or current board members received more than $1 million each from the program. None of the members were on the board at the time the program purchased conservation easements for their respective farms. But several have rotated on and off the board for years. They received payment for their conservation easements in between stints on the board.

Maryland
Council Candidate Wants to Tie Disaster Relief to Campaign Contributions
Bethesda Magazine – Andrew Metcalf | Published: 9/19/2017

A plan to direct campaign donations to charities could test Montgomery County’s new public financing law. At-large county council candidate Brandy Brooks will hold a fundraiser in which she has promising to donate half of the campaign contributions to help victims of natural disasters. The state election board’s guide for candidates notes they may use campaign funds to attend a charitable event to raise their profile and network with potential voters and donors. The guide, however, says giving campaign funds as charitable donations is not permitted primarily because donors give to a candidate to support their platform and “when campaigns are spent for a non-campaign related purpose, it frustrates the intent of the contributor.”

Michigan
Snyder Approves Unlimited Super PAC Cash
Detroit News – Michael Gerstein | Published: 9/20/2017

Less than 24 hours after the state Senate moved to send two campaign finance bills that expand on the U.S. Supreme Court’s Citizens United ruling, Michigan Gov. Rick Snyder signed the legislation into law. Senate Bill 335 and Senate Bill 336 define and allow for independent expenditure committees like super PACs. Under the new law, candidates could solicit unlimited contributions to super PACs, which could then use the money to support the aspirations of the candidate. The super PACs could not coordinate directly with campaigns but they could share attorneys, consultants, and vendors with candidates they support.

New Mexico
Reform Laws Spurred by Treasurer Scandals Full of Loopholes
Santa Fe New Mexican – Andrew Oxford | Published: 9/16/2017

Federal investigators in 2005 accused then-state Treasurer Robert Vigil of demanding kickbacks from private financial advisers hired by the government to manage New Mexico’s investments. His predecessor, Michael Montoya, pleaded guilty to a similar extortion scheme, saying campaign debt drove him to solicit kickbacks from contractors. FBI agents quoted Montoya as saying kickbacks were merely “the way we do business in New Mexico.” Lawmakers approved reform measures that bar contractors from plying politicians with campaign donations or other gifts while vying for government business. And the changes required contractors to report donations they have made to public officials. But a decade later, those laws are full of loopholes.

New York
How Party Bosses, Not Voters, Pick Politicians in New York
New York Times – Shane Goldmacher | Published: 9/18/2017

For decades, legislative seats in New York have traded hands in what amounts to one of the last, most powerful vestiges of Tammany Hall-style politics in the state. Election laws grant politicians and local political power brokers vast sway in picking candidates when legislators leave office in the middle of their term – whether they retire early, pass away, depart for another job, or are arrested. The rules are a crucial part of what empowers party bosses in a state that regularly outpaces the nation in corruption.

New York
JCOPE Commissioners Again Rule Civil Liberties Group Must Disclose Donors
Albany Times Union – Chris Bragg | Published: 9/19/2017

The Joint Commission on Public Ethics (JCOPE) decided the New York Civil Liberties Union (NYCLU) must disclose donors to its state lobbying efforts. JCOPE has ruled in the past that the NYCLU must reveal its donors, despite arguments from the group that such disclosure could potentially lead to reprisals against people who fund the organization. The NYCLU has received a number of threatening letters, but JCOPE has found there has not been a “substantial likelihood” of harm to donors whose names are listed on the agency’s website in lobbying disclosures.

Oregon
Nepotism Runs Rampant in Oregon Legislature. Here’s How
Portland Oregonian – Gordon Friedman | Published: 9/16/2017

Oregon is one of the few states that allows lawmakers to hire family members; one in four legislators currently pays a family member to be on their staff. Legislators defend the practice, noting it has been something of a time-honored tradition to hire family members. Yet the practice of lawmakers hiring their family members as staff can be problematic. Lawmakers have a fiduciary duty to be good stewards of taxpayer funds, and spending state money on family members can hurt public trust in government, said Hana Callaghan, who runs the government ethics program at Santa Clara University.

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 California Legislature adjourned in the early hours of September 16.

Bills passed in the late-night session include Senate Bill 568, which would move the presidential primary election to March; Assembly Bill 249, which would require campaign advertisements to clearly display their largest funders; and Assembly Bill 132, which would require counties to provide additional voter education and requires every signature of a recall petition to be examined and verified.

The bills are now waiting for Gov. Jerry Brown’s signature or veto.

Campaign Finance

California: “L.A. School Board President Faces Felony Charges Over Campaign Contributions” by Anna Phillips, David Zahniser, and Howard Blume for Los Angeles Times

Michigan: “Campaign Finance Bills Pass Michigan Senate, Give More Power to Big Donors, Critics Say” by Emily Lawler for MLive.com

Pennsylvania: “Former Judge to Admit Payments from Brady Campaign, Lawyer Says” by Chris Brennan and Craig McCoy for Philadelphia Inquirer

Ethics

“Government Ethics Office Says It Will Stick with Ban on Anonymous Gifts” by Darren Samuelsohn for Politico

“Trump Lawyers Clash Over How Much to Cooperate with Russia Inquiry” by Peter Baker and Kenneth Vogel for New York Times

“Trump’s Divisive Presidency Reshapes a Key Part of His Private Business” by David Fahrenthold, Amy Brittain, and Matea Gold for Washington Post

“Trump’s FEC Nominee Has Questioned the Value of Disclosing Political Donors” by Matea Gold for Washington Post

Lobbying

“Mike Flynn’s Son Is Subject of Federal Russia Probe” by Carol Lee, Julia Ainsley, and Ken Dilanian for NBC News

Arkansas: “Lobbyist Got Part of Fees Paid by Bondsmen” by Brian Fanney for Arkansas Online

Colorado: “Big Bucks Flow to Colorado Lobbyist Offices Steps from The Capitol” by Sandra Fish for KUNC

North Carolina: “Lobbyist Faces Investigation after WBTV Uncovered Unregistered Lobbying” by Nick Ochsner (WBTV) for Charlotte Observer

Elections

“How Party Bosses, Not Voters, Pick Politicians in New York” by Shane Goldmacher for New York Times

Legislative Issues

California: “In California’s Capitol, the Real Battles Are Often Between the Assembly and the Senate” by Chris Megerian and Melanie Mason for Los Angeles Times

Missouri: “Missouri Lawmaker Censured over Trump Assassination Post” by Associated Press for Wichita Eagle

Gov. John Hickenlooper has called a special legislative session on Oct. 2 to fix a budgeting issue that resulted from consolidating two marijuana taxes.

A bill-drafting error inadvertently left out the Regional Transportation District, the Denver Zoo, and other Denver-based institutions from receiving hundreds of thousands of dollars in marijuana tax revenue.

Republican leaders reacted angrily, claiming they had not been consulted about a game plan and questioning why this could not wait till the regular session convenes in January.

Per the state constitution, lawmakers are required to convene when called, but they are not required to take action.

Maine Gov. Paul LePage has indicated he plans to call the Legislature into a special session later this year.

LePage wants a special session to amend Legislative Document 725, because it conflicts with federal law regarding meat and poultry inspection programs.

LePage did not state when he intends to call the special session.

Lobbying

“Exclusive: Bloomberg charity scrutinized by India for anti-tobacco funding, lobbying – documents” by Aditya Kalra for Reuters

Campaign Finance

Michigan: “Attorney: Michigan super PACs face ‘firestorm’ of fines” by Jonathan Oosting for Detroit News

Montana: “Discounted Sale of US Interior Secretary’s Motor Home Raises Questions” by Bobcaina Calvin (Associated Press) for ABC News

Ethics

California: “3 of 4 Colonies Corruption Defendants Found Not Guilty on All Charges” by Joe Nelson and Richard Deatley for San Bernardino Sun

Colorado: “Emails Raise Ethical Questions About Colorado Lawmaker. But He Says There’s Nothing to See.” by Jesse Paul for Denver Post

Idaho: “Lawmakers: Idaho ‘uniquely poised’ to stiffen campaign, lobbying disclosure requirements” by Betsy Russell for Spokane Spoesman-Review

Elections

“Top Trump Organization Executive Asked Putin Aide for Help on Business Deal” by Rosalind Helderman, Carol Leonnig, and Tom Hamburger for Washington Post

Legislative Issues

North Carolina: “Court Weighs Legislature’s Stripping of Cooper’s Powers” by Emery Dalesio (Associated Press) for Ashville Citizen-Times

Redistricting

“The New Front in the Gerrymandering Wars: Democracy vs. math” by Emily Bazelon for New York Times

Democratic Assembly Speaker Anthony Rendon is currently facing a recall effort launched by single-payer healthcare activists after Rendon blocked Senate Bill 562 that would have established a single-payer healthcare system in California. Rendon represents District 63 in the California State Assembly.

On August 24, Rendon announced plans for special committee hearings this fall to develop legislation for a path forward for universal health care legislation.

Recall organizers must collect 22,963 signatures for a recall election to be held.