Federal:

Meet the Guys Who Tape Trump’s Papers Back Together
Politico – Annie Karni | Published: 6/10/2018

Under the Presidential Records Act, the White House must preserve all memos, letters, emails, and papers the president touches, sending them to the National Archives for safekeeping as historical records. But President Trump has an odd and enduring habit of ripping up papers when he is done with them – what some people described as his unofficial “filing system.” White House aides realized early on they were unable to stop Trump. Instead, staffers have the fragments of paper collected from the Oval Office, as well as the private residence, and send it to the records management office to reassemble. “We got Scotch tape, the clear kind,” said Solomon Lartey, a records management analyst. “You found pieces and taped them back together and then you gave it back to the supervisor.”

US Lifts Secrecy on Foreign Lobbying Opinions
Talking Points Memo – Chad Day and Eric Tucker (Associated Press) | Published: 6/8/2018

For the first time, the U.S. Justice Department began releasing advisory opinions about the Foreign Agents Registration Act. The law requires lobbyists to detail their involvement in advocating for foreign governments. The release included memos issued since 2010. The department had kept the opinions secret for decades, a point of contention for transparency advocates and lawyers who specialize in advising clients on complying with the law. The opinions provide an unprecedented view into the thinking of a specialized Justice Department unit whose influence has grown in recent years, propelled by more aggressive enforcement and a special counsel investigation focused on foreign influence operations inside the U.S.

From the States and Municipalities:

Alabama: John Merrill Questions Alabama Ethics Commission’s Waivers of Fines
AL.com – Mike Cason | Published: 6/8/2018

Alabama Secretary of State John Merrill is questioning the state Ethics Commission’s decision to waive fines for violations of campaign finance law. The penalties are in force for the first time with the 2018 elections. The commission voted to waive civil fines levied against 33 candidates and political committees by Merrill’s office. The fines were for late filing of campaign finance reports, which are required by the Fair Campaign Practices Act to show who contributes to campaigns and how that money is spent. The filing requirements are not new. But a 2015 law aimed to step up enforcement, giving the secretary of state the authority to levy fines and the Ethics Commission the authority to investigate campaign finance violations.

Arkansas: Former Arkansas Lobbyist Pleads Guilty in Bribery Scheme
WRAL – Kelly Kissell (Associated Press) | Published: 6/7/2018

Former lobbyist Milton “Rusty” Cranford pleaded guilty to bribing elected officials in Arkansas. Cranford admitted paying bribes to former state Sen. Jon Woods, former state Rep. Henry Wilkins IV, and a legislator identified only as “Arkansas Senator A.” According to federal prosecutors, the lawmakers diverted state funds and performed legislative favors for Cranford and companies he represented, at times holding up state agency budgets. Sen. Jeremy Hutchinson, a nephew of Gov. Asa Hutchinson, matches the description of “Senator A.”

California: Radical Plan to Split California Into Three States Earns Spot on November Ballot
Los Angeles Times – John Myers | Published: 6/12/2018

A proposal to partition California into three separate states earned enough signatures to qualify for the November ballot. The initiative calls for splitting the Golden State into northern and southern regions, as well as the central coast and Los Angeles Basin. “Three states will get us better infrastructure, better education, and lower taxes,” said Tim Draper, the Silicon Valley venture capitalist who sponsored the ballot measure. The proposal faces an uphill battle. If Californians vote for the separation, the state Legislature would have to approve it, and then Congress would still have to ratify the measure. If approved, it would be the first division of an existing U.S. state since West Virginia was formed out of a part of Virginia in 1863.

Colorado: Federal Judge Finds Portions of Colorado’s Campaign Finance Complaint Process Are Unconstitutional in Ruling Likely to Prompt Big Change
Denver Post – Jesse Paul | Published: 6/13/2018

U.S. District Court Judge Raymond Moore ruled that Colorado’s procedure for bringing campaign finance complaints is unconstitutional. The law allows anyone in the public to file a complaint that is automatically forwarded, without review for merit by the secretary of state’s office, to an administrative law judge. Moore’s ruling essentially means there now has to be some kind of screening mechanism put in place to prevent frivolous cases that can leave defendants facing high attorney fees. Colorado’s deputy secretary of state, Suzanne Staiert, said the decision now means her office has to find a way to satisfy the vetting requirements.

Florida: Ethics Commission: Fernandez misused position to get FSU tickets, catering discount
Tallahassee Democrat – Jeff Burlew | Published: 6/13/2018

The Florida Commission on Ethics said former Tallahassee City Manager Rick Fernandez violated the state’s ethics laws when he accepted Florida State University football tickets from a local lobbyist and a four-figure catering discount from the city-backed Edison restaurant. The panel said Fernandez solicited the football tickets and catering discount in violation of Florida’s gift law, and he either knew or should have known the gifts were given to influence his official action as city manager. The commission did not find probable cause on several other allegations involving a former Edison employee who was given a job at City Hall after Fernandez got the catering discount.

Florida: Lobbyists Face New Requirements at Citizens
WPEC – Jim Turner (News Service of Florida) | Published: 6/13/2018

Lobbyists who represent clients at the state-backed Citizens Property Insurance Corp. will have to comply with a new registration process. A registration website will be available August 1, with lobbyists expected to comply with the policy starting September 1, said Citizens President Barry Gilway. All lobbyists currently registered with the executive branch will receive a letter advising them of the changes, Gilway said. The rules would apply to anyone that wants to sway Citizens policy or contracting and who contacts Citizens staff or board members. The rules will not apply to attorneys, agents, adjusters, or other people representing clients in insurance claims or judicial proceedings.

Montana: Governor Signs Executive Order Targeting Dark Money
Montana Public Radio – Corine Cates-Carney | Published: 6/8/2018

Montana Gov. Steve Bullock signed an executive order that aims to shine more light on political donations. Contractors will have to disclose if they have made campaign contributions in excess of $2,500 in the last two years to so-called dark money organizations. Those are groups that are not legally required to make their donor lists public. Any state contractor selling more than $25,000 in services, or $50,000 worth of goods to the state will have to report dark money contributions. According to the governor’s office, there are roughly 500 to 600 state contractors who would fall under the new disclosure requirements.

New York
IDC-Independence Party Campaign Finance Deal Declared Illegal
Albany Times Union – David Lombardo | Published: 6/7/2018

A fundraising agreement between a statewide third party and the New York Senate’s now-defunct Independent Democratic Conference has been deemed invalid by a state Supreme Court justice. The arrangement with the Independence Party boosted then-party leader Jeff Klein’s ability to raise and spend campaign money, as the new account was able to accept six-figure donations and transfer unlimited amounts to candidates. The increased fundraising muscle was flexed in 2016 and had been expected to play a pivotal role in September, when the eight former members of the conference may face Democratic primaries.

New York: New York Files Suit Against President Trump, Alleging His Charity Engaged in ‘Illegal Conduct’
Chicago Tribune – David Fahrenthold (Washington Post) | Published: 6/14/2018

New York Attorney General Barbara Underwood filed a lawsuit against President Trump, the Donald J. Trump Foundation, and members of the Trump family, alleging the charity violated federal and state law. The complaint alleges the foundation provided illegal support to Trump’s 2016 presidential bid by using public funding to promote his candidacy, and raised more than $2.8 million to support the campaign. The lawsuit also says Trump used the foundation to cover legal fees and to promote his properties and businesses. Underwood asked a state judge to dissolve the foundation and sent referral letters to the IRS and FEC for possible further action.

Ohio: Court: States can purge voters who don’t vote or respond to warnings
USA Today – Richard Wolf | Published: 6/11/2018

The U.S. Supreme Court ruled states can clean up their voting rolls by targeting people who have not cast ballots in a while. The justices rejected arguments in a case from Ohio that the practice violates a federal law intended to increase the ranks of registered voters. A handful of other states also use voters’ inactivity to trigger a process that could lead to their removal from the voting rolls. Ohio asks people who have not voted in two years to confirm their eligibility. If they do, or if they show up to vote over the next four years, voters remain registered. If they do nothing, their names eventually fall off the list of registered voters. Justice Stephen Breyer, writing in dissent, said the 1993 law prohibits removing someone from the voting rolls “by reason of the person’s failure to vote. In my view, Ohio’s program does just that.”

Oklahoma: Oklahoma Ethics Commission Raises Fees to Stay in Operation
The Oklahoman – Nolan Clay | Published: 6/9/2018

The Oklahoma Ethics Commission voted to raise its registration fees from $150 to $250. The change goes into effect July 1. Commissioners acted after they learned the agency could run out of money next fiscal year. They already voted in May to sue over the lack of funding the commission got from the state Legislature. Lawmakers are making the ethics agency use its revolving fund to operate. The fund is made up of the fees collected from lobbyists, candidates, political parties, and PACs.

Washington: Why Google Won’t Run Political Ads in Washington State for Now
Seattle Times – Jim Brunner and Christine Clarridge | Published: 6/7/2018

Google stopped accepting political ads in Washington, the same day that changes to the state’s campaign finance reporting requirements and enforcement procedures took effect. Google acted days after Washington Attorney General Bob Ferguson sued the company, along with Facebook, saying the firms are not obeying state law on political ad transparency. The Public Disclosure Commission issued guidelines related to the new law and passed an emergency rule that clarified that digital ad companies like Google are subject to state law requiring them to maintain publicly available information about political ads, just like television stations and other media.

Federal:

A Courtside View of Scott Pruitt’s Cozy Ties with a Billionaire Coal Baron
MSN – Steve Eder, Hiroko Tabuchi, and Eric Lipton (New York Times) | Published: 6/2/2018

Environmental Protection Agency (EPA) Administrator Scott Pruitt enjoyed special access for a University of Kentucky basketball game last December, scoring two of the best seats in the arena in a section reserved for season-ticket holders who had donated at least $1 million to the university. Pruitt and his son sat in seats belonging to Joseph Craft III, a billionaire coal executive who has engaged in an aggressive campaign to reverse the Obama administration’s environmental crackdown on the coal industry. Pruitt’s attendance at the game followed a year of regulatory victories for Craft, who maintains close ties to Pruitt even as he has lobbied the EPA on issues important to his company, Alliance Resource Partners.

Trade Groups in Turmoil in the Trump Era
Roll Call – Kate Ackley | Published: 6/7/2018

Trade associations, traditionally the backbone of K Street’s lobbying corridor, find themselves in the throes of disruption. These multimillion-dollar organizations are clamoring for ways to boost membership, and sometimes even keep their doors open, as they work to stay relevant amid the political and policy uncertainty of Washington during the era of President Trump. A number of high-profile, highly paid association chiefs have left or are on their way out, while some groups have lost significant members or are folding into other organizations, a sign that associations feel the dual storm of political turmoil and increasing pressure from their membership.

Trump Lawyer Payments Fuel AT&T Shareholders’ Push to Know More About Political Spending
Dallas Morning News – Melissa Repko | Published: 6/6/2018

Long before AT&T found itself under fire for hiring President Trump’s personal attorney Michael Cohen, some of the company’s shareholders sent up a warning: secrecy surrounding how it spends money in Washington, D.C. could put its reputation at risk. For five years, a group of shareholders has pushed AT&T to disclose how much it funds industry groups and tax-exempt organizations that engage in political activities. Companies are facing pressure from shareholders to reveal how they spend money to influence legislation on Capitol Hill. But those concerns took on new relevancy at AT&T when it became public that the company paid $600,000 to Cohen to advise on various matters.

From the States and Municipalities:

Alabama: An Alabama Sheriff Kept $750,000 Meant to Buy Food for Inmates. Voters Just Replaced Him.
Seattle Times – Eli Rosenberg (Washington Post) | Published: 6/6/2018

Etowah County Sheriff Todd Entrekin, criticized for making money from the county jail’s food program, was defeated in a primary election. Alabama gives sheriffs money to feed each prisoner, and sheriffs got to pocket anything that is left over. It was reported that Entrekin pocketed more than $750,000 over the past three years from a source he identified as “food provisions,” according to ethics disclosures. It was also reported that Entrekin and his wife purchased a home for $740,000 in September.

California: Facebook Tried to Rein in Fake Ads. It Fell Short in a California Race.
MSN – Sheera Frenkel (New York Times) | Published: 6/3/2018

Facebook has faced difficulties as the company aims to prevent manipulation of its ad system in elections, especially as the midterms loom this November. While Facebook has introduced several measures to improve the transparency of political ads on its platform, some groups and individuals appear to be finding ways to flout the new restrictions, and company has not been able to catch them. That raises questions about whether there are other gaps.

Florida: Behind Florida’s Payments to Victims, Links to Lobbyists
Gainesville Sun – Gary Fineout (Associated Press) | Published: 6/4/2018

Of the $37.5 million in claims bills – payments to victims and families harmed by government actions – approved over the past two years, $16.9 million was awarded to victims represented by a lobbyist who is the brother of Florida’s outgoing House speaker, Richard Corcoran. Lobbying records show Michael Corcoran’ firm collected at least $89,000 in fees last year for its work on claims bills and is in line to receive tens of thousands more this year. During the 2013 and 2014 sessions, legislators did not approve a single claims bill, in part due to opposition by then-Senate President Don Gaetz, who said it seemed bills were passing based not on their substance, but the effectiveness of the lobbyists behind them.

Louisiana: Louisiana Lawmakers Are Pushing Bills That Benefit Their Own Businesses. And It’s Perfectly Legal.
ProPublica – Rebekah Allen (New Orleans Advocate) | Published: 6/6/2018

Louisiana’s ethics laws allow legislators to write, advocate for, and cast votes on bills that would enrich themselves, their relatives, and their clients, as long as others in the same affected industry would benefit similarly. Regardless of the law, watchdogs say, such advocacy is troubling. If a lawmaker steps over the line while pushing a bill to benefit himself or herself, complaints can only be brought forward by other members of the Legislature, not the public at large. “Would you want someone on a jury who will gain financially depending on the outcome of a particular decision? It just shows the craziness of our system,” said Pearson Cross, a political science professor at the University of Louisiana at Lafayette.

Missouri: In About-Face, New Missouri Gov. Parson Says He Won’t Accept Lobbyist Gifts
Kansas City Star – Jason Hancock | Published: 6/6/2018

Missouri Gov. Mike Parson will abide by an executive order signed by his predecessor last year that prohibits him from accepting any gifts from lobbyists. The ban extends to his taxpayer-funded staff as well. The announcement is an about-face for Parson, who was the only statewide elected official to take any lobbyist gifts in 2017. During his six years in the state Senate, Parson and his staff accepted more than $30,000 worth of lobbyist gifts. The order also prohibits staff members from lobbying the administration upon termination of their employment.

Oregon: Former Oregon First Lady Cylvia Hayes to File for Bankruptcy, Attorney Says
Portland Oregonian – Jeff Manning and Hillary Borrud | Published: 6/6/2018

Cylvia Hayes, Oregon’s former first lady, will file for bankruptcy, in part to get out from under about $125,000 in debts and penalties she accrued in her legal battle to keep her emails secret. The Oregon Government Ethics Commission found Hayes misused her position as first lady and a policy adviser to secure consulting contracts worth more than $200,000. Her lawyers and the commission are now trying to reach a settlement on the fines, which could run as much as $110,000.

South Carolina: Longtime Richland Sen. Courson Resigns, Enters Guilty Plea in Corruption Probe
The State – John Monk | Published: 6/4/2018

South Carolina Sen. John Courson pleaded guilty to a corruption charge and resigned his seat. He also agreed to cooperate in the investigation of corruption at the statehouse that has resulted in guilty pleas and resignations from three other lawmakers. Courson’s plea came as his trial was about to begin on charges of misconduct in office and converting campaign money for his personal use. He said he sent campaign contributions to his political consultant, Richard Quinn & Associates, who would give him a portion back to cover years of unpaid personal campaign reimbursements. State law does not allow candidates to do that. Courson also failed to itemize the reimbursements on his disclosure reports.

South Carolina
S.C. Attorney General Alan Wilson Hasn’t Severed Ties to Controversial Quinn Family
Greenville News – Kirk Brown (Anderson Independent Mail) | Published: 6/4/2018

Despite years of negative publicity and withering criticism from political rivals, South Carolina Attorney General Alan Wilson has not cut his financial ties to the controversial Quinn family. As part of his bid for a third term, records show Wilson has made $117,000 in campaign expenditures since 2015 to Richard Quinn & Associates, Richard Quinn’s daughter, Rebecca Mustian, and her company, Spring Strategies. Those payments came while Richard Quinn, his firm, and his son, former state Rep. Rick Quinn, were at the center of a statehouse corruption probe. Mustian was not implicated in the investigation.

Washington: Facebook and Google Get Sued by Washington State Over Political Ads
Governing – Jim Brunner (Tribune News Service) | Published: 6/4/2018

Washington Attorney General Bob Ferguson filed campaign finance lawsuits against Google and Facebook, alleging the companies “failed to maintain legally required information on Washington state political advertising” placed online since 2013. Ferguson said companies that accept political advertising are required to keep tabs on who buys the advertising, and make that information available to the public. Collected information includes the name of the candidate or measure, dates the ads ran, who sponsored it, and the total cost spent. Once focused largely on television, campaigns have increasingly turned to online advertising in recent elections.

Campaign Finance

California: “That Political Mailer on Your Kitchen Counter Isn’t What It Seems” by Taryn Luna for Sacramento Bee

Massachusetts: “There’s a Bill That Would Rein in Charlie Baker’s Fundraising, but Democrats Aren’t Touching It” by Frank Phillips for Boston Globe

New Jersey: “Mayor’s Ex-Treasurer Helped Run Big Campaign. Now He’s Facing Jail Time.” by Thomas Moriarty and Karen Yi (NJ Advance Media) for Newark Star-Ledger

Elections

National: “Richard Painter Makes Unlikely Senate Bid in Minnesota” by Ben Kamisar for The Hill

Ethics

National: “‘Spygate’ Spotlights Trump’s Use of Conspiracy Theories to Erode Trust” by Julie Hirschfeld Davis and Maggie Haberman (*New York Times) for Pittsburgh Post-Gazette

National: “Concerned by Trump, Some Republicans Quietly Align with Democrats” by Kenneth Vogel for New York Times

National: “Trump Asked Sessions to Retain Control of Russia Inquiry After His Recusal” by Michael Schmidt and Julie Hirschfeld Davis (New York Times) for MSN

Missouri: “Greitens Offered to Resign as Part of Deal to Dismiss Computer-Tampering Charge” by Lindsay Wise and Joseph Bustos for Kansas City Star

Legislative Issues

Ohio: “Key Laws, Residents Vexed When Legislative Leaders Resign” by Julie Carr Smyth (Associated Press) for Morning Journal

Lobbying

Nova Scotia, Canada: “Chrétien Ignores Lobbyist Registrar’s Inquiry on Meeting with N.S. Premier” by Michael Tutton (Canadian Press) for CBC News

Procurement

Massachusetts: “Baker Adviser Helped Energy Firms Land Big Mass. Contracts” by Joshua Miller and Jon Chesto for Boston Globe

Federal:

The Princes, the President and the Fortune Seekers
Seattle Times – Desmond Butler and Tom LoBianco (Associated Press) | Published: 5/21/2018

Two Americans sought to leverage access to President Trump while angling for lucrative contracts from two Gulf countries wanting to shift U.S. foreign policy against Qatar. Republican fundraiser Elliott Broidy and businessperson George Nader reportedly worked to catch the president’s ear by passing along praise from the princes of the United Arab Emirates and Saudi Arabia. Broidy and Nader, who marketed themselves as having a back channel to the Oval Office, sought million-dollar contracts with the two Gulf countries for their efforts, according to the Associated Press investigation. The AP previously reported that Broidy and Nader sought to pass an anti-Qatar bill through Congress, while trying to hide their money trail related to such efforts. Nader is now reportedly cooperating with special counsel Robert Mueller’s team of investigators, who are said to be examining foreign influence inside the Trump White House.

Trump Violated the Constitution When He Blocked His Critics on Twitter, a Federal Judge Rules
Tampa Bay Times – Brian Fung and Hamza Shaban (Washington Post) | Published: 5/23/2018

U.S. District Court Judge Naomi Reice Buchwald ruled President Trump cannot block people from viewing his Twitter feed over their political views. Buchwald said the president’s Twitter account is a public forum and blocking people who reply to his tweets with differing opinions constitutes viewpoint discrimination, which violates the First Amendment. The government does not dispute that Trump blocked the Twitter users for political reasons, but the Justice Department had argued the president was largely acting in a personal capacity. Buchwald did not order Trump to unblock his followers, saying clarification of the law is sufficient to resolve the dispute. Should the president ignore the ruling, analysts say, future litigation could force Twitter to unblock Trump’s followers unilaterally.

Washington Lobbyists Put on Notice Over Foreign Agent Law
Associated Press – Chad Day and Eric Tucker | Published: 5/22/2018

The prosecution of a Pakistani man in Maryland reflects what current and former U.S. Justice Department officials say is an aggressive enforcement strategy against unregistered foreign agents that began even before special counsel Robert Mueller’s investigation exposed a shadowy world of international influence peddling. Officials say they are not interpreting any differently the little-known law called the Foreign Agents Registration Act, which requires people to disclose when they lobby in the U.S. on behalf of foreign governments or political entities. But they have been taking a more aggressive approach, asking more probing questions of people and firms they suspect need to register, requesting more documents, and conducting investigations with an eye toward bringing criminal charges when appropriate.

From the States and Municipalities:

Alabama: Reform Commission Begins Work on Alabama Ethics Law
AL.com – Mike Cason | Published: 5/17/2018

A committee created to propose changes to the law governing ethics for Alabama officials, public employees, lobbyists, and others is aiming to have a proposal ready in October, allowing time to fine tune it before the 2019 legislative session starts March 5. Deputy Attorney General Mike Duffy was the main author of an ethics bill that was introduced during the 2018 legislative session. Lawmakers decided to set it aside and created the Ethics Reform Commission with the goal of passing reforms next year. Duffy said meetings with people affected by the law helped identify areas of concern that were addressed in the bill, such as more clearly defining who is considered a “principal.”

Arizona: Array of Arizona Politicians, Lobbyists Connected to Bribery Case
Arizona Capitol Times – Katie Campbell | Published: 5/18/2018

The trial of a former regulator, a utility owner, and a lobbyist has tentacles that stretch to many others in Arizona’s political universe. Eighty-two prospective witnesses may be called to testify at the trial scheduled to begin May 30. Former Arizona Corporation Commissioner Gary Pierce and his wife, Sherry, along with lobbyist Jim Norton and Johnson Utilities owner George Johnson, face charges of felony conspiracy, bribery, and fraud. Barry Aarons, who has lobbied at the Legislature for 40 years, said the public is in for a bad impression of Arizona politics no matter the outcome of the trial. “It reinforces that sense people have that the whole thing is corrupt,” said Aarons.

Florida: Florida’s Porous Campaign Finance Laws: ‘You can do almost anything’
Tampa Bay Times – Gary Fineout (Associated Press) | Published: 5/21/2018

So far, at least $13 million has been spent on television ads in the Florida governor’s race that includes six candidates vying for the job that will be vacated by Rick Scott. Television ads are poised to play a crucial role in the race since polls continue to show a majority of the state’s voters do not really know the Republican or Democratic candidates vying to replace him. Some of the ads are being paid for by groups that insist they have no legal obligation to disclose who is paying for them. Other ads are being coordinated with campaigns relying on their own legal interpretation to sidestep laws and rules intended to place limits on ad campaigns being funded by large donors. Mark Herron, an election law attorney based in Tallahassee, said: “You can do almost anything in Florida if you put it in the right bucket.”

Florida: Want to Speak at a Miami Beach Meeting? For Business Owners, That Could Cost $850
Miami Herald – Kyra Gurney | Published: 5/24/2018

Businesses owners who want to speak to public officials in Miami Beach are required to register as lobbyists under Miami-Dade County law and the city charges lobbyists a $500 registration fee plus $350 for each issue on which they plan to lobby. Most cities waive lobbying fees for business owners speaking on their own behalf. While the Miami Beach fees might not be a problem for big businesses and the lobbying firms hired to represent them, they have deterred several “mom-and-pop” business owners from speaking at a city commission meeting.

Georgia: Stacey Abrams Wins Georgia Democratic Primary for Governor, Making History
MSN – Jonathan Martin and Alexander Burns (New York Times) | Published: 5/22/2018

Georgia gubernatorial candidate Stacey Abrams won the Democratic primary, bringing her a step closer to becoming the nation’s first African-American woman governor. By defeating Stacey Evans, Abrams also became the state’s first black nominee for governor. The general election is sure to draw national attention as voters determine whether a black woman can win in the Deep South, a region that has not had an African-American governor since Reconstruction. Abrams has signaled she is unlikely to spend much time persuading rural whites to return to a Democratic Party they have largely abandoned. She has embarked instead on a strategy of energizing a coalition of young and nonwhite Georgians who represent a growing share of the state’s population.

Louisiana: New Orleans City Council to Investigate Entergy for Paying Actors to Lobby for Power Plant
New Orleans Times-Picayune – Beau Evans | Published: 5/18/2018

In the wake of Entergy’s admission of waging an “astroturf” lobbying campaign leading up to the approval of a power plant in New Orleans, the city council will change public comment cards and introduce legislation to require lobbying groups register. Entergy conducted an internal investigation that found one of its contractors, Hawthorn Group, hired Crowds on Demand, which admitted to paying actors to testify in support of the power plant. The investigation also found Entergy’s contractors coordinated to have other people paid to sit in the audience of a council meeting to show support for the plant with handmade signs.

Maine: Legislative Typo Threatens to Undermine Clean Elections Campaigns
Lewiston Sun Journal – Kevin Miller (Portland Press Herald) | Published: 5/21/2018

Maine lawmakers left dozens of measures in limbo when they adjourned the 2018 legislative session. Advocates for the state’s public campaign finance system and a state ethics commission official warn that a little-noticed victim of the partisan rancor could have significant financial ramifications for the November 2018 elections. Lawmakers failed to pass a routine “errors and inconsistencies” bill to correct unintended budget language that prevents the ethics panel from disbursing additional money to clean elections candidates starting on July 1. As a result, more than 200 legislative candidates and potentially three gubernatorial campaigns will be unable to tap into at least $3 million, money that lawmakers already have budgeted for the public campaign finance system, in the final months of the election season.

Missouri: Missouri Lawmakers Can Keep Accepting Lobbyist Gifts After Failing to Pass Amendment
Kansas City Star – Allison Kite and Jason Hancock | Published: 5/18/2018

Missouri lawmakers can keep accepting free meals, drinks, and event tickets after the House defeated a proposed constitutional amendment. Sen. Jason Holsman had sought to ban lobbyist gifts and alter legislative term limits. The House brought up the proposal in the last hour of the legislative session only to move on moments later after some lawmakers tried to attach tried to attach amendments and sink the proposal. When the session ended, the proposal died.

Montana: Appeals Court Upholds Montana Campaign Finance Reform Law
Washington Times; Associated Press –   | Published: 5/23/2018

A three-judge panel of the Ninth U.S. Circuit Court of Appeals said Montana’s 2015 law to increase campaign reporting and disclosure meets constitutional muster. A group called Montanans for Community Development was unwilling to register and disclose its donors and spending as required under the statute. The appeals panel called the group’s constitutional claims against the law “scattershot.” It also called the group’s argument “absurd” that the law’s requirement to file electronic campaign reports may be unconstitutional.

New York: From the E.R. to the Garden, M.T.A. Chief Holds Unusually Powerful Perch
New York Times – Brian Rosenthal | Published: 5/22/2018

New York Gov. Andrew Cuomo last June selected Joseph Lhota to head the Metropolitan Transit Authority (MTA). But Lhota would only agree to return to the position he held in 2012 on the condition that he could keep his full-time job as the chief of staff of one of the state’s biggest hospital networks, and also retain the prerogative to join any other paid board he wanted. While Lhota remains a respected official, his growing web of jobs has led to potential conflicts-of-interest and competition for his time, complicating the still-flailing effort to resuscitate a transit system used by millions of people every day. Nobody has ever led the MTA while balancing as many other leadership posts as Lhota.

Oklahoma: Many Felons Can’t Vote, But They Can Lobby at the Capitol
Oklahoma Watchdog – Paul Monies | Published: 5/16/2018

Questions have come up in recent years about who can be barred from becoming a registered lobbyist in Oklahoma and whether elected officials should be banned from accepting jobs as lobbyists shortly after leaving office. An Ethics Commission rule requiring a two-year waiting period before certain officials could become lobbyists was rejected by the Legislature this year, with some lawmakers saying it was unjust to deny people the freedom to seek private employment. The issue becomes trickier when it involves someone convicted of a felony. Nothing in state law or ethics rules prohibits lawmakers convicted of felonies from lobbying their former colleagues, but their ability to do so depends largely on prosecutors’ demands.

Pennsylvania: Pa. House GOP Leaders Planning to Impose Sanctions Against Rep. Nick Miccarelli
PennLive.com – Jan Murphy | Published: 5/17/2018

Pennsylvania House Republican leaders said they were moving to take away committee assignments from Rep. Nick Miccarelli, who is accused of abusing two women who dated him, including a fellow lawmaker who is now assigned a bodyguard while she is at the statehouse. The GOP leaders accused Miccarelli of repeatedly violating a caucus policy against retaliation, even after he was told several times about it. Rep. Tarah Toohil obtained a protective order against Miccarelli in March and House leaders provided her with a security escort when she is in the Capitol. The leaders said they also are moving Miccarelli’s desk on the chamber floor, so it will be farther from Toohil’s.

The West Virginia Legislature adjourned a two-day special legislative session on May  21, 2018.

Lawmakers passed eight bills, including a bill creating the Department of Arts, Culture, and History.

Gov. Jim Justice signed a bill in March eliminating the Department of Education and the Arts.

Under the new bill, the commissioner of culture and history will become the curator of arts, culture, and history and report directly to the governor.

The Minnesota Legislature adjourned sine die on May 20, 2018.

The Legislature passed bills relating to misrepresenting service animals, prohibiting local governments from disarming police officers, and funding for the state’s vehicle license and registration system.

Tensions between the Republican-controlled House and Democrat Gov. Mark Dayton were apparent during the final day of the session as Republicans sent a series of bills to Dayton similar to previously vetoed bills.

Dayton has reiterated he will not call a special session for any unfinished business.

Campaign Finance

Missouri: “Greitens Won’t Face Charges for Allegedly Lying to State Ethics Commission” by Jason Hancock for Kansas City Star

Ethics

National: “Ethics Panel Gives Menendez Wide Latitude for Repayment of Gifts from Melgen” by Matt Friedman for Politico

National: “Kushners Near Deal with Qatar-Linked Company for Troubled Tower” by Charles Bagli and Jesse Drucker (New York Times) for Seattle Times

Arizona: “Array of Arizona Politicians, Lobbyists Connected to Bribery Case” by Katie Campbell for Arizona Capitol Times

Kentucky: “In Two Years, Council Members Have Spent Over $20,000 on Gala Tickets for Themselves, Staff and Family” by Joe Sonka for Insider Louisville

Legislative Issues

Pennsylvania: “Pa. House GOP Leaders Planning to Impose Sanctions Against Rep. Nick Miccarelli” by Jan Murphy for PennLive.com

Lobbying

National: “Millions Flow to Fast-Growing Lobbying Firms with Ties to the Trump Administration” by Fredreka Schouten for USA Today

Alabama: “Reform Commission Begins Work on Alabama Ethics Law” by Mike Cason for AL.com

Oklahoma: “Many Felons Can’t Vote, But They Can Lobby at the Capitol” by Paul Monies for Oklahoma Watchdog

Lots of legislatures adjourned this week, find out what they did in this edition of News You Can Use Video Digest!

National:

These Women Mostly Ignored Politics. Now, Activism Is Their Job.
WRAL – Campbell Robertson (New York Times) | Published: 5/10/2018

Since retiring eight years ago as a high school French teacher, Kathy Rentz was content to spend her time gardening, knitting, and spoiling her grandchildren. Now she is the kind of person who writes “Not For Trump’s Golf Trips” across her federal tax return. The grassroots activism on the left has been powered to a large degree by college-educated women in midcareer or retirement. They often have no prior interest or experience in politics. But with the election of Donald Trump, they were aghast at how they felt the political system, which most had taken for granted to the point of indifference, had allowed things to fly so far off the rails.

Trump, Schneiderman, Greitens and the Changing Shape of Sex Scandals
Chicago Tribune – Marc Fisher (Washington Post) | Published: 5/13/2018

In politics, entertainment, sports, and other industries, the arc and impact of sex scandals are changing, and the difference centers on coercion and consent. Prominent cases have led the cultural wave, as allegations of abuse derailed the public careers of Bill Cosby, Harvey Weinstein, Charlie Rose, U.S. Senate candidate Roy Moore, and New York Attorney General Eric Schneiderman, who announced his resignation hours after he was accused of physically assaulting women. But even as politicians from both parties resign or pull away from re-election bids because of accusations they abused or coerced women, a two-year procession of allegations from women who accused President Trump of sexual improprieties has had no visible impact on his popularity.

Federal:

A Secret Mission, a Code Name and Anxiety: Inside the early days of the F.B.I.’s Trump investigation
Anchorage Daily News – Matt Apuzzo, Adam Goldman, and Nicholas Fandos (New York Times) | Published: 5/16/2018

Days after they closed their investigation into Hillary Clinton’s use of a private email server, the FBI began scrutinizing Donald Trump’s campaign. The two cases have become inextricably linked in one of the most consequential periods in the history of the bureau. The FBI sent a pair of agents in 2016 to meet the Australian ambassador to the United Kingdom, who had evidence one of Trump’s advisers, George Papadopoulos, knew in advance about Russian election meddling. The agents’ report on the interview helped provide the foundation for a case that became the special counsel investigation. But at the time, a small group of FBI officials knew it by its code name: Crossfire Hurricane.

Ethics Chief Knocks Trump Over Stormy Daniels Payment
Politico – Louis Nelson, Matthew Nussbaum, and Lorraine Woellert | Published: 5/16/2018

President Trump formally disclosed he paid his attorney as much as $250,000 as reimbursements for expenses, which included a payoff to adult film actress Stormy Daniels, who says she had a sexual encounter with Trump. The disclosure came in the president’s annual financial disclosure report to the Office of Government Ethics (OGE). Trump said he was listing the reimbursements to Michael Cohen “in the interest of transparency,” even though he was not required to disclose them. OGE Director David Apol questioned why Trump did not include this in his previous year’s disclosure and passed along his concerns to federal prosecutors. “I am providing both reports to you because you may find the disclosure relevant to any inquiry you may be pursuing,” Apol wrote to Deputy Attorney General Rod Rosenstein.

FEC Allows Candidate to Use Campaign Funds for Child Care
The Hill – Aris Folley | Published: 5/10/2018

The FEC ruled a candidate can use campaign funds to pay for child care. Liuba Grechen Shirley had petitioned the FEC for permission to pay her babysitter out of money donated to her campaign. Grechen Shirley, who previously cared for her children full time, argued she needed the sitter only for her bid for office and that the payment therefore constituted a campaign expense. The FEC noted Grechen Shirley’s child care needs were a direct result of her run for Congress and essential to her continuing a bid. Therefore, the spending would not be considered a violation of rules that prohibit personal spending.

Thousands of Pages of Congressional Testimony Shed Light on 2016 Trump Tower Meeting
MSN – Rosalind Helderman and Karoun Demirjian (Washington Post) | Published: 5/16/2018

Thousands of pages of interview transcripts released by the Senate Judiciary Committee offer the most detailed account to date of the June 2016 meeting at Trump Tower between Donald Trump Jr. and a Russian lawyer who has admitted to being an “informant” to Moscow. The documents show a constellation of efforts over several years by two powerful Russian real estate developers, Aras and Emin Agalarov, to arrange meetings and provide assistance to Donald Trump. The efforts culminated in setting up the meeting with Trump Jr. on the promise to the president’s eldest son that it would deliver political dirt on Hillary Clinton. While the documents reveal the willingness of the Trump campaign to accept the Agalarovs’ help when it was convenient, they do not show the extent to which the president was aware of the meeting’s stated purpose.

From the States and Municipalities:

Alaska: Legislature Will Boot Ballot Measure If Governor Signs ‘Government Accountability’ Bill
Juneau Empire – James Brooks | Published: 5/14/2018

If signed into law by Alaska Gov. Bill Walker, House Bill 44 will prohibit lawmakers from accepting per diem after Day 121 of the legislative session if a budget has not been approved. Lawmakers will also be required to disclose financial conflicts-of-interest in committee, not just on the floor, and lobbyists will be further restricted from providing meals and drinks to legislators. Amendments to the legislation make it “substantially similar” to an ethics reform ballot measure. Under the Alaska Constitution, an initiative may be removed from the ballot if the Legislature passes a bill that is “substantially the same” as the initiative.

Arizona: Arizona Lawsuit Says Measure Undermines Clean Elections
KNAU; Associated Press –   | Published: 5/16/2018

A lawsuit claims a ballot referendum eviscerates the authority of the state’s Citizens Clean Elections Commission. The agency administers public financing of elections. A ballot referendum that passed earlier this year would ask voters if they want to put the commission’s rulemakings under the oversight of the Governor’s Regulatory Review Council, which is staffed by gubernatorial appointees. The suit says the commission has independent rulemaking authority by design, since it regulates politicians.

Arkansas: Arkansas Judge Who Blocked TV Ads Removing Himself from Case
Sacramento Bee – Andrew DeMillo (Associated Press) | Published: 5/16/2018

Washington County Circuit Court Judge Doug Martin, who ordered that negative political ads against Arkansas Supreme Court Justice Courtney Goodson be pulled off the airwaves recused himself from further involvement in the case. The temporary restraining order by Martin still stands, however. Martin had reported receiving income through his wife from the law firm of Goodson’s husband. Justice Goodson is fighting a legal battle in Arkansas’ largest media markets against what she says are “defamatory” ads being run by an out-of-state group that does not disclose its donors.

Florida: It Was Supposed to Show Who Profited from Public Money. But the Rule Wasn’t Enforced
Miami Herald – Elizabeth Koh | Published: 5/10/2018

Records show despite an ethics rule that requires lobbyists for taxpayer-funded entities to submit lobbying contracts to the Florida House, the rule has not been enforced. The House’s much vaunted web page was not updated for a year and some lobbyists neglected for months to comply with the required disclosures. Today, the web page still includes outdated data on lobbying expenditures made by local governments and remains incomplete. At one point, the backlog left hundreds of documents off the books in the last two years.

Maryland: Mayor Pugh Seeks Broad Ethics Exemption to Raise Private Money to Fund Baltimore Programs
Baltimore Sun – Ian Duncan | Published: 5/15/2018

Baltimore Mayor Catherine Pugh wants to be exempted from city ethics rules that require officials to obtain approvals before soliciting private funds for community programs and events. Calling Baltimore “a poor city,” City Solicitor Andre Davis questioned the constraints on the mayor’s ability to solicit monetary assistance. The ethics rules are designed to ensure transparency around gifts and charitable support that officials receive from individuals and businesses they may wield influence over in the course of their duties. In addition to seeking approval up front, officials are required to submit reports detailing fundraising activities.

Missouri: Case Against Greitens Is Dropped, for Now. Legislative Leaders Say Nothing’s Changed
Kansas City Star – Bryan Lowry, Jason Hancock, Kelsey Landis, Allison Kite, and Steve Vockrodt | Published: 5/14/2018

Prosecutors dropped an invasion-of-privacy charge against Missouri Gov. Eric Greitens but still hope to pursue a case against him for allegedly taking a revealing photograph of a woman with whom he was having an affair. The move came after the judge granted a request by Greitens’ lawyers to call the case’s prosecutor, Kim Gardner, as a witness for the defense. The defense team has criticized Gardner’s handling of the case. “The court’s order places the circuit attorney in the impossible position of being a witness, subject to cross-examination, [including by her own subordinates],” a Gardner spokesperson said. Greitens remains charged for allegedly using a donor list from a charity in his gubernatorial campaign. The Legislature will convene a special session to consider whether to initiate impeachment proceedings against Greitens.

Missouri: Donors Behind Political Cash Cannot Be Concealed, Ethics Watchdog Says
St. Louis Post-Dispatch – Sky Chadde | Published: 5/10/2018

The Missouri Ethics Commission issued an advisory opinion stating nonprofits that contribute to campaigns cannot conceal the identities of their donors. The opinion targets so-called dark money groups, who do not have to disclose their donors, making the origin of the funds nearly impossible to determine. Their use has increased in recent years and one prominent organization that has employed the tactic is A New Missouri, a nonprofit created to promote Gov. Eric Greitens’ agenda.

New York: Jury Finds Silver Guilty
Albany Times Union – Benjamin Weiser (New York Times) | Published: 5/11/2018

For a second time, a jury convicted former New York Assembly Speaker Sheldon Silver on corruption charges. Prosecutors accused him of a scheme in which a physician referred possible asbestos lawsuit plaintiffs to him in exchange for $500,000 in state grants. Silver passed on the clients to a law firm, which paid him more than $3 million in referral fees. He was also convicted of accepting $700,000 in fees from a real estate law firm after he steered business to the firm from two developers who benefited from his activities at the statehouse. Silver’s initial conviction was among a number of cases that were overturned after the U.S. Supreme Court narrowed the activity that could constitute corruption.

Oklahoma: Oklahoma Ethics Commission Votes to Sue Over Budget
The Oklahoman – Nolan Clay | Published: 5/12/2018

Unhappy with its appropriation, the Oklahoma Ethics Commission voted to pursue a lawsuit over the matter. Commission Executive Director Ashley Kemp would not say if the suit was related to concerns over funding or who would be named as defendant. But the commission has been vocal about its dissatisfaction on how the Legislature handled its funding. Kemp said the agency was upset about its appropriation. The Legislature swept the agency’s revolving funds, which include fees assessed by the commission, rather than making an appropriation from the general revenue fund.

The Alaska Legislature passed House Bill 44, a bill with the potential to remove an initiative measure known as the Government Accountability Act from the November ballot.

Under the Alaska Constitution, if a bill is deemed to be substantially similar to an initiative, the initiative could be removed from the ballot.

Similar to the initiative measure, House Bill 44 prohibits lobbyists from purchasing alcoholic beverages for a legislator, implements a stricter policy on foreign travel, eliminates a per diem for legislators after 121 days if the budget has not been passed, and bans foreign corporations and nationals from making political contributions.

The governor has 20 days to sign, veto, or allow the bill to become law without his signature.

The Vermont General Assembly adjourned sine die May 12.

Lawmakers passed a bill to amend campaign finance provisions relating to electioneering communications and mass media activities.

House Bill 828 revises the definition of electioneering communications to include electronic or digital communications and adds internet advertisements to the definition of mass media activity.

The bill also makes it permissible to include a link that takes a reader to a web or social media page that provides the required information on electioneering communications broadcast over the internet when it cannot practically meet the identification requirements otherwise.

House Bill 828 also requires local candidates to file an additional report on the Friday preceding a local election.

If Gov. Phil Scott approves the bill, the electioneering changes are effective upon passage and the reporting requirements for candidates takes effect December 14, 2018.

The 2018 Kansas Legislature adjourned sine die. This legislative session was the first to go the full 90 days since 2011.

Lawmakers passed multiple transparency laws this session by expanding the definition of lobbying to include all branches of the government and increasing the penalties for late reporting by lobbyist, political committees, and candidates.

In the final day of the session, legislators defeated a bill to make changes to income, sales, and motor fuel tax provisions.

A lot to cover this week in campaign finance, legislative issues, and legislative sessions news in NYCU Video Digest.

The 2018 session of the Colorado General Assembly adjourned sine die on Wednesday, May 9.

During the four-month session, lawmaker achievements included advancing bipartisan anti-gerrymandering legislation, protecting the state Civil Rights Division, and securing investments in transportation, education, and healthcare.

The next legislative session will convene January 4, 2019.