On March 17, a three-judge panel ruled that the North Carolina General Assembly overstepped its state constitutional authority when it adopted Senate Bill 4 establishing a bipartisan board to oversee elections and consider ethics complaints and issues.

The ruling held that lawmakers violated the separation of powers in trying to take control over appointments in the governor’s administration.

Prior to Senate Bill 4, the State Board of Elections and State Ethics Commission were separate entities and the governor had the power to appoint a majority from his own party to preside over elections. Lawmakers could appeal the decision.

Campaign Finance

Democrats to Probe Gorsuch Views on Campaign Finance by Kenneth Doyle for Bloomberg BNA

Colorado: Colorado Democrats Propose Reforms to Shed More Light on Political ‘Dark Money’ by Brian Eason for Denver Post

Iowa: $43 million in 4 Years: Exclusive analysis tracks Iowa campaign contributions by Jason Noble for Des Moines Register

New York: No Charges, but Harsh Criticism for Mayor de Blasio by William Rashbaum for New York Times

Ethics

Documents: Office of Government Ethics, Trump team reached détente by Dave Levinthal for Center for Public Integrity

New Mexico: Voters Will Decide Future of State Ethics Commission Proposal by Steve Terrell (Santa Fe New Mexican) for New Mexico Politics

Oklahoma: Conservative Oklahoma Senator Charged with Three Felonies after Child Prostitution Investigation by Nolan Clay for The Oklahoman

Pennsylvania: Nutter Overruled His Inspector General to Spare a Key City Hall Adviser by David Gambacorda, Claudia Vargas, and Chris Brennan for Philadelphia Inquirer

South Carolina: Veteran State Sen. Courson of Columbia Suspended from Office after Misconduct Indictment by John Monk for The State

Legislative Issues

North Carolina: Judges Issue Split Ruling on NC Governor-Legislature Power Struggle by Anne Blythe (Raleigh News and Observer) for Charlotte Observer

Federal:

Admiral, Seven Others Charged with Corruption in New ‘Fat Leonard’ Indictment
Washington Post – Craig Whitlock | Published: 3/14/2017

A retired U.S. Navy admiral and eight other high-ranking officers were indicted in a bribery scandal in which prosecutors say a foreign contractor traded luxury travel, lavish gifts, and prostitutes for inside intelligence. A total of 25 military officers and private-sector executives have now been prosecuted in one of the worst corruption scandals to hit the military in years. Prosecutors accused the officers of betraying the public trust for bribes from a well-connected military contractor in Singapore, Leonard Francis, known as “Fat Leonard.” The scheme cost the Navy “tens of millions of dollars” in overbillings to Francis’ firm, as he relied on sensitive and sometimes classified information the officers had given them to game the system, according to the indictment.

FEC Earning Congressional Attention – for the Wrong Reasons
Center for Public Integrity – Dave Levinthal | Published: 3/13/2017

The FEC, an agency of clashing commissioners, unhappy staffers, and key vacancies, may soon face a hearing by the Committee on House Administration, something the agency has not endured since 2011 when super PACs were still novel and the Citizens United decision was not yet two years old. A planned oversight hearing in 2014 never materialized. An oversight hearing is “both urgent and necessary” and should be conducted “sooner rather than later,” said Jamie Fleet, a spokesperson for U.S. Rep. Robert Brady, the committee’s ranking Democrat. The Senate Committee on Rules and Administration also appears to have increased appetite for reviewing FEC affairs. Although this committee has conducted FEC confirmation hearings, it has not specifically conducted an oversight hearing since 2004.

In a Fact-Challenged Era, Will Public Access to Federal Data Be the Next Casualty?
McClatchy DC – Stuart Leavenworth and Adam Ashton | Published: 3/12/2017

Since taking office, the Trump administration has made a series of moves that have alarmed groups with a stake in public access to information: historians, librarians, journalists, climate scientists, and internet activists, to name a few. Some are so concerned they have thrown themselves into “data rescue” sessions nationwide, where they spend their weekends downloading and archiving federal databases they fear could soon be taken down or obscured. Previous presidential transitions have triggered fears about access to government data, but not of this scope.

Prerequisite for Key White House Posts: Loyalty, not experience
New York Times – Sharon LaFraniere, Nicholas Confessore, and Jesse Drucker | Published: 3/14/2017

Every president comes into office with friends and hangers-on who sometimes have minimal experience in government. But few have arrived with a contingent more colorful and controversial than that of President Trump, whose White House is peppered with assistants and advisers whose principal qualification is their long friendship with Trump and his family. The influence of longtime Trump friends and associates, some of them with vague portfolios, comes as a leadership void has been created by the administration’s slow pace in filling top jobs in many agencies. It has also added to the confusion of a West Wing already legendary for its power struggles, while bewildering Washington policy hands.

Suing Trump on Ethics? Good Luck Making Your Case
Politico – Isaac Arnsdorf and Darren Samuelsohn | Published: 3/9/2017

Many people – New York’s attorney general, law professors, and Washington restaurant owners among them – think President Trump is breaking laws by holding onto his businesses. But they are still searching for a successful courtroom strategy to force him to divest. The president is not bound by the main federal law against conflicts-of-interest. Legal experts have argued since Trump won the election, however, that he is violating the constitutional ban on accepting payments from foreign government and is putting federal agencies under his control in the impossible position of having to supervise his businesses. While the legal problems may be obvious, the responses are not. It is an area of law that has never before been tested because there has never before been a billionaire president intent on maintaining his commercial ties while in office.

From the States and Municipalities:

California – Garcetti Bans Private Meetings Between Developers and Planning Commissioners
Los Angeles Times – Emily Alpert Reyes | Published: 3/9/2017

City planning commissioners will be barred from meeting privately with developers looking to get a project approved under an executive directive signed by Los Angeles Mayor Eric Garcetti. The possible influence of big developers on planning decisions was at the center of a heated battle in the recent election. Proponents of the now-defeated Measure S say the existing planning process follows a “pay-to-play” model that gives developers too much sway over what gets built in the city. The ban applies to members of the city’s Planning Commission and the Cultural Heritage Commission, as well as members of area planning commissions. They are prohibited from meeting or communicating privately with anyone about development plans unless they recuse themselves from the process.

Kentucky – Lawmakers Approve Flurry of Bills as End of Legislative Session Looms
Lexington Herald-Leader – Daniel Desrochers and Jack Brammer | Published: 3/14/2017

Kentucky lawmakers gave final approval to Senate Bill 75, which doubles the amount individuals and PACs can donate to a campaign, state executive committee, and caucus campaign committee, along with other changes to state campaign finance laws. Supporters of the bill said the legislation was necessary to increase the number of transparent donations and give regular people a chance to run for office against candidates funded by PACs. Opponents of argued that raising the limits created the wrong impression and the Legislature should curb ‘dark money” instead.

Minnesota – Does Being a Minnesota Legislator Mean Never Having to Say You’re Sorry?
MinnPost.com – Briana Bierschbach | Published: 3/16/2017

Critics say there is a systemic weakness in how the Minnesota Legislature polices its members, a process that rarely catches potential conflicts before they happen and seldom punishes lawmakers for engaging in unethical behavior. Many lawmakers have other sources of income outside their work at the Capitol, so legislators are sometimes asked to vote on policies that have the possibility of intersecting with their private lives. Over the last 30 years, there have been just 11 ethics hearings in the Minnesota House. Legislators were reprimanded or forced to apologize in four of those cases. Ethics hearings in the Senate have been more numerous, if not exactly frequent; between 1994 and 2017 there were 21 hearings. In just five of those cases were senators forced to apologize or leave a committee post.

New Jersey – N.J. Moves to Restore Election Watchdog
Philadelphia Inquirer – Andrew Seidman | Published: 3/13/2017

New Jersey’s election watchdog agency had two vacancies filled recently, which means it will once again be able to punish candidates who violate campaign-finance rules. The Election Law Enforcement Commission (ELEC) has gone a full year without holding a meeting because of three vacancies on its four-member board, an unprecedented bout of paralysis since the agency’s founding in 1972. Without holding monthly meetings, the ELEC cannot vote on any matter, amend regulations, or punish those who violate the state’s campaign finance, lobbying, or “pay-to-play” restrictions.

New Mexico – Legislature Passes Campaign Finance Reform Years in The Making
New Mexico In Depth – Sandra Fish | Published: 3/14/2017

The New Mexico Legislature passed two campaign finance reform bills. Senate Bill 96 defines “coordination” in campaigns, and requires disclosure of independent spending up to 30 days before a primary or 60 days before a general election. It also doubles the donation limits for legislators to $5,000 for each primary and general election cycle. Senate Bill 97 refines and clarifies state law on public financing, which applies to judges and public regulation commissioners. Both bills now go to Gov. Susana Martinez.

New York – Preet Bharara Shunned Politics. His End Was Tinged by Them.
New York Times – Benjamin Weiser, Ben Protess, Matthew Goldstein, and William Rashbaum | Published: 3/12/2017

The Trump administration fired U.S. Attorney Preet Bharara after he refused to follow a Justice Department order to resign immediately. The order, which also applied to 45 other holdover U.S. attorneys who served under the Obama administration, came only a few months after Donald Trump, then the president-elect, had asked Bharara to stay in the job. It was a sudden and highly politicized end to Bharara’s seemingly apolitical tenure, which was noted for prosecutions of powerful politicians of both parties. As he leaves office, Bharara’s prosecutors are reaching a critical juncture in an investigation into the campaign fundraising of New York City Mayor Bill de Blasio and are preparing to try a group of former aides and associates of Gov. Andrew Cuomo in a bribery and bid-rigging case.

South Dakota – After Promising to Replace, Did Lawmakers Deliver on IM22?
Sioux Falls Argus Leader – Dana Ferguson | Published: 3/11/2017

Citing flaws and objections to parts of the voter-backed Initiated Measure 22 (IM22), South Dakota legislators vowed to repeal and replace the ethics reform law with bills to address the concerns of voters who supported the expansive ballot measure. The Legislature followed through, passing eight bills aimed at creating lobbyist restrictions, allowing for investigation of wrongdoing in state government, and requiring more disclosure in campaign finance. But it did not approve a public campaign finance program, set lower contribution limits, or rule out certain gifts from lobbyists. And the bills aimed at filling the void left by IM22 received mixed reviews in Pierre as lawmakers ended the main part of the legislative session.

Texas – Texas Congressional Maps Are Struck Down for Discrimination
New York Times – Manny Fernandez | Published: 3/11/2017

A panel of federal judges ruled that Texas’s Republican-led Legislature gerrymandered some of the state’s congressional districts to stunt the growing influence of minority voters. The decision invalidated three congressional districts in south and west Texas and in the Austin area. Although a remedy was not prescribed, redrawing the districts will probably aid Latino and Democratic voters.  The congressional redistricting plan was drawn by the Legislature in 2011, the same year a voter ID law was passed that a federal appeals court ultimately found discriminates against minorities. The combination of rulings could lead to Texas being required to have election changes approved in advance by federal officials. It and other states were freed from that requirement by a U.S. Supreme Court decision in 2013.

Virginia – Virginia Lawmakers Are Accepting Drastically Fewer Gifts in Post-McDonnell Era, Data Shows
The Virginian-Pilot – Will Houp | Published: 3/9/2017

Both political parties in Virginia have drastically reduced what gifts they accept or report over the past three years. Lawmakers received $15,520 worth from May to October 2016, a 60 percent drop from that same six-month span in 2015. The average gift last year was $131; it was $195 two years ago. After former Gov. Bob McDonnell was convicted in 2014 on multiple counts of public corruption, lawmakers placed new limits on the value of gifts they can accept. And despite the U.S. Supreme Court overturning McDonnell’s conviction last year, many legislators are reluctant to accept anything that reaches the $50 threshold needed to report it.

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.

A bill creating an independent ethics commission has been approved by the New Mexico legislature.

House Joint Resolution 8 (HJR 8) seeks to amend the state constitution and establish a state ethics commission.

The ethics commission would oversee complaints against public officials, both in the legislative and executive branches, as well as lobbyist and government contractors.

The proposed amendment will be placed on the 2018 general election ballot for voter approval.

On March 14, Gov. Dennis Daugaard signed Senate Bill 54 into law. The bill revises many requirements dealing with campaign finance to strengthen campaign finance laws after the repeal of Initiated Measure 22.

Senate Bill 54 will allow organizations, such as corporations and labor unions, to contribute directly to candidates. The measure also restricts candidates from using campaign funds for personal expense.

Senate Bill 54 was initially introduced with provisions to lower contribution limits; however, those provisions were amended prior to the bill’s passage to reflect pre-Initiated Measure 22 limits.

Lobbying

“Would-Be Trump Appointees Say ‘No Thanks’ Due to Lobbying Ban” by Ben Brody, Shannon Pettypiece, and Bill Allison for Bloomberg.com

Oregon: “Gov. Brown Reverses Course, Says Former Lawmaker Will Not Lobby Legislators” by Saul Hubbard for The Register-Guard

Campaign Finance

“FEC Earning Congressional Attention – for the Wrong Reasons” by Dave Levinthal for Center for Public Integrity

Ethics

Florida: “Corrupt Opa-locka Official Was a Prized Witness. He Was Rewarded with No Prison Time.” by Jay Weaver for Miami Herald

New Mexico: “Senate Yanks Real Estate Bill; Lawmaker Says Pay-to-Play Maneuver Exposed” by Andrew Oxford (Santa Fe New Mexican) for New Mexico Political Report

New York: “Preet Bharara Shunned Politics. His End Was Tinged by Them.” by Benjamin Weiser, Ben Protess, Matthew Goldstein, and William Rashbaum for New York Times

Utah: “Shurtleff Sues State for at Least $1.1M, Alleges Utah A.G. Sean Reyes Interfered in His Case” by Jennifer Dobner for Salt Lake Tribune

Elections

California: “Seeing Red: Membership triples for the Democratic Socialists of America” by Matt Pearce for Los Angeles Times

Legislative Issues

Minnesota: “Lawmakers Clash Over Ethics of Real ID Letter to the Editor” by Don Davis (Forum News Service) for St. Paul Pioneer Press

Redistricting

Texas: “Texas Congressional Maps Are Struck Down for Discrimination” by Manny Fernandez for New York Times

The Florida House passed a bill today to create greater separation between lawmakers and lobbyists.

House Bill 7003 increases the time former public officials must wait before lobbying from two to six years.

The measure continues a trend set by the new House Speaker, Richard Corcoran, who began the session by implementing new rules to change lobbying practices and increase public confidence in the legislature.

The bill’s sponsor, Rep. Larry Metz, believes the new restriction will prevent legislators from favoring lobbyists in order to land high-paying jobs after leaving office.

Federal:

‘Big Candy’ Is Lobbying the Trump Administration. It’s Also Holding Events at Trump Hotels.
Washington Post – Amy Brittain and Jonathan O’Connell | Published: 3/7/2017

The National Confectioners Association, which represents Hershey, Mars, and Jelly Belly, among other companies, is doing a lot of business with President Trump’s company. In addition to its gathering of 600 attendees for an industry conference at the Trump National Doral resort near Miami, the group has booked two upcoming meetings, in September and again in 2018, at the Trump International Hotel in Washington, D.C. At the same time, the organization is optimistic about scoring policy wins from the Trump administration. The matter illustrates a repercussion of Trump’s decision to retain ownership of his business during his time in the White House, that he can become financially intertwined with a special interest that is simultaneously seeking to influence policy decisions by his administration.

Ethics Questions Dogged Agriculture Nominee as Georgia Governor
New York Times – Eric Lipton and Steve Eder | Published: 3/7/2017

Sonny Perdue, who is awaiting confirmation to serve as President Trump’s agriculture secretary, became a target of frequent criticism that he was failing to honor his ethics pledge to reform state government during his eight years as Georgia governor. The criticism centers on the fact that, as Trump has, he continued to own or help run his family business ventures – four farming-related companies – while serving as governor. His confirmation is on hold as the Office of Government Ethics office must examine Perdue’s proposal to avoid conflicts while running the department, which may include selling off some of his farming assets. Before his tenure as governor ended in 2011, 13 complaints had been filed against Perdue with Georgia’s ethics commission, which on two occasions ruled he violated state ethics laws.

Iraq’s Lobbyists Mobilized after Travel Ban, Documents Reveal
The Hill – Megan Wilson | Published: 3/7/2017

Lobbyists for the Iraqi government were in contact with Trump administration officials and lawmakers ahead of the decision to remove the country from the travel ban. Brownstein Hyatt Farber Schreck, a law and lobby firm, sent letters to senior administration officials, including Secretary of State Rex Tillerson and Secretary of Defense James Mattis, requesting the officials meet with Iraq’s new ambassador, Fareed Yasseen, and Naufel Alhassan, the deputy chief of staff to Iraq’s prime minister. The letters came about two weeks after President Trump signed an executive order temporarily banning individuals from seven Muslim-majority countries, including Iraq, from entering the U.S.

From the States and Municipalities:

Arkansas – Ex-Arkansas Senator Indicted by U.S.; 2 Others Accused in Kickbacks Case
Arkansas Online – Doug Thompson | Published: 3/3/2017

Former Arkansas Sen. Jon Woods and two others were named in a federal indictment alleging corruption involving state funds intended for economic development in a case in which another former state lawmaker has already pleaded guilty. Woods of Springdale is charged with mail and wire fraud in the 13-count indictment that also names Oren Paris III and Randell Shelton, Jr. The indictment alleges Woods and former Rep. Micah Neal directed the Northwest Arkansas Economic Development District to distribute hundreds of thousands of dollars from the state’s general improvement fund that is intended for economic development to specific, unnamed entities. Neal pleaded guilty in January to arranging kickbacks with a then-unnamed former state senator. Neal said he received $38,000 from funds awarded to two entities by the district.

California – California Lawmakers Report Accepting $518,000 in Gifts, Including Travel and Expensive Meals
Los Angeles Times – Patrick McGreevy, Melanie Mason, and Chris Megerian | Published: 3/2/2017

Three years after Gov. Jerry Brown vetoed a bill that would have severely restricted gifts to public officials – limiting their value to $200 per giver, and banning amusement park and sports tickets – veteran lawmakers continue to rake in such gifts, many from special interest groups seeking favors from state government. The flood of 2,312 gifts totaling $518,000 to 114 lawmakers is troubling to former state Sen. Sam Blakeslee, who tried unsuccessfully four times to pass a bill that would have prohibited gifts from interests that employ lobbyists. “I believe these gifts are corrosive to the public trust and create an appearance of an unhealthy intimacy between legislators and moneyed interests,” said Blakeslee.

Colorado – Denver Council Approves New Ethics Rules, Including $300 Gift Limit
Denver Post – Jon Murray | Published: 3/6/2017

The Denver City Council adopted a series of changes to the ethics code that, for the first time, puts a monetary cap on the value of meals and event tickets council members and other city officials can accept from people over whom they have decision-making authority. That cap replaces a loose four-item limit that does not set a maximum value. Critics argued it was vulnerable to abuse. The new ordinance also creates an independent body to establish the list of people who are eligible to be appointed to the Denver Board of Ethics. It also expands the list of family members in the conflict-of-interest rules who cannot benefit from contracts or official action, among other provisions.

Maryland – Former Md. Del. Michael Vaughn Charged with Selling His Vote in Bribery Scheme
Washington Post – Linh Bui | Published: 3/8/2017

A federal grand jury indicted Former Maryland Del. Michael Vaughn on charges he took bribes to support a liquor license bill in the General Assembly and misused his campaign finance account. Vaughn is accused of accepting more than $10,000 in cash bribes from liquor store owners in exchange for his support of a 2015 bill that allowed some businesses in Prince George’s County to sell liquor on Sundays. With that bill passed, authorities say Vaughn worked during the 2016 session to block legislation that would have created more licenses to protect the liquor store owners. The indictment also alleges Vaughn siphoned money from his campaign account and used it for his personal benefit. He allegedly filed fraudulent campaign finance reports to cover up how he was using the money.

Massachusetts – Healey Hands Thornton Law Case to Independent Prosecutor
Boston Globe – Andrea Estes | Published: 3/4/2017

Massachusetts Attorney General Maura Healey will appoint a special prosecutor and recuse herself from any investigation into alleged campaign finance violations by Boston’s Thornton Law Firm, whose lawyers donated to her political campaign. The Office of Campaign and Political Finance said it has evidence the firm, a major Democratic funder, illegally reimbursed the firm’s partners and their spouses for up to $175,000 in campaign contributions. Thornton officials have said they did nothing wrong and the reimbursements, termed “bonuses” in the firm’s payroll records, were not really bonuses at all, but the partners’ own money, taken out of each’s equity in the firm.

New Jersey – David Samson Avoids Jail in United Airlines Bribery Scandal
NJ.com – Ted Sherman (NJ Advance Media) | Published: 3/6/2017

David Samson, a former attorney general of New Jersey and longtime friend of Gov. Chris Christie, avoided prison time during his sentencing for pressuring executives of United Airlines into operating a weekly flight to South Carolina for his personal convenience. Instead, he was ordered to serve one year of home confinement. Samson had pleaded guilty to bribery, admitting he had used his power as chairperson of the Port Authority of New York and New Jersey to coerce United into running the route even though it was not profitable. He had threatened to block the construction of a hangar that United needed at Newark Liberty International Airport if the airline did not provide the service. The route ended in Columbia, near one of Samson’s homes.

Ohio – Special Report: Politicians allowed freebies, favors under Ohio ethics laws
Dayton Daily News – Laura Bischoff | Published: 3/2/2017

Ohio’s ethics laws, which date to the Watergate scandal, exist to hold those in government accountable. The law covers 590,000 people, including 10,300 key officials who must file annual financial disclosure statements. State Ethics Commission Executive Director Paul Nick said Ohio has a track record for enforcement that is equaled by only a handful of other states. Ohio is not shy about who it goes after either: the list of public officials who have been caught violating ethics laws includes then-Gov. Bob Taft. Others say the laws themselves keep government clean and its officials honest. But a Dayton Daily News investigation found loopholes in Ohio’s system for policing unethical activity.

Tennessee – Exclusive: Jeremy Durham may face $7 million in state penalties
The Tennessean – Dave Boucher and Joel Ebert | Published: 3/8/2017

Former Rep. Jeremy Durham may face almost $7 million or more in state fines as a result of at least 690 violations of Tennessee’s campaign finance law. The information, contained in a “show cause” notice issued by the Tennessee Registry of Election Finance, also provides for the first time the names of prominent campaign donors and business owners who gave Durham thousands of dollars that the former lawmaker never reported on his campaign disclosures. The report also details nearly $76,000 in improperly disclosed campaign expenditures, on everything from Florida restaurants and airplane tickets to flowers and a Yankee Candle purchase. Among these findings are many of the more than $10,000 in illegal purchases Durham made that were included in a state audit.

Utah – Complaints Accuse Utah Lawmaker of Bullying, Berating School Officials in Front of Students
Salt Lake Tribune – Benjamin Wood | Published: 3/7/2017

Students who visit the Capitol during the legislative session get a civics lesson on state history and government, and, for at least one group of Utah County fifth-graders, a front-row view to rancorous politics. That is what Jenna Wood described in a letter to Senate President Wayne Niederhauser after witnessing an “agitated” Sen. Howard Stephenson threatening to sue Alpine School District administrators during a confrontation in the Capitol Rotunda with several of her daughter’s Foothill Elementary School classmates nearby. In a separate letter, Alpine Superintendent Sam Jarman complained about the incident and alluded to other confrontations with Stephenson, noting the most recent meeting was notable for occurring in a public place.

Utah – Jury Acquits John Swallow of All Charges
Deseret News – Dennis Romboy and McKenzie Romero | Published: 3/2/2017

Former Utah Attorney General John Swallow was acquitted of bribery and evidence tampering charges in one of the highest-profile scandals in state history. Jurors found Swallow not guilty of nine counts that also included obstruction of justice, falsifying government documents, and misuse of public funds. He had faced one to 30 years in prison. Prosecutors accused Swallow of hanging a virtual “for sale” sign on the door to the state’s top law enforcement office by taking campaign donations and gifts like beach vacations from fraudsters and businesspeople in exchange for favorable treatment. Salt Lake County District Attorney Sim Gill said it was a complex case where jurors were asked to consider matters that were not black and white but “various shades of gray.”

Washington – Ferguson Delivers the Laundry Bill: Grocery Manufacturers told to pay $1.1 million
Seattle Post-Intelligencer – Joel Connelly | Published: 3/1/2017

A Thurston County Superior Court judge ordered the Grocery Manufacturers Association (GMA) to pay $1.1 million in legal fees after it violated Washington’s campaign finance disclosure laws. Those fees are on top of the $18 million in fines the food industry trade group was ordered to pay in November. State Attorney General Bob Ferguson sued the GMA in 2013, claiming it failed to register and report its political committee that opposed voter Initiative 522. The initiative would have required labeling of genetically modified organisms, or GMOs, in food sold to consumers. Judge Anne Hirsch said the group “intentionally violated” state disclosure laws in its efforts to oppose the initiative.

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

“‘Big Candy’ Is Lobbying the Trump Administration. It’s Also Holding Events at Trump Hotels.” by Amy Brittain and Jonathan O’Connell for Washington Post

Campaign Finance

“GOP Commissioner: Trump poised to revamp election agency” by Rudy Takala for The Hill

Maryland: “Baltimore County Bill to Ban Developer Donations Fails” by Pamela Wood for Baltimore Sun

Tennessee: “Exclusive: Jeremy Durham may face $7 million in state penalties” by Dave Boucher and Joel Ebert for The Tennessean

Ethics

“Ethics Questions Dogged Agriculture Nominee as Georgia Governor” by Eric Lipton and Steve Eder for New York Times

Alabama: “Alabama’s Governor Was Recorded Having a Sexually Explicit Conversation. Is Impeachment Next?” by Amy Wang and Amber Phillips for Washington Post

New Jersey: “Mayor of Paterson, N.J., Is Indicted in Corruption Probe” by Nick Corasaniti for New York Times

New York: “For Years, City Spent $300 an Hour Looking for $5,000” by Jim Dwyer for New York Times

Virginia: “For First Time, Va. Legislators’ Reports Showing Their Gifts and Stocks Are Now Online” by Patrick Wilson for Richmond Times-Dispatch

Legislative Issues

Utah: “Complaints Accuse Utah Lawmaker of Bullying, Berating School Officials in Front of Students” by Benjamin Wood for Salt Lake Tribune

The South Dakota House of Representatives passed an amended version of Senate Bill 54 restoring campaign finance limits to pre-Initiated Measure 22 levels.

Senate Bill 54 was originally introduced to establish tougher campaign finance restrictions to preserve the spirit of Initiated Measure 22 after lawmakers repealed the voter approved measure earlier this session.

Prior to passing the House with a vote of 55 to 12, the bill was amended many times before arriving at its current state. Senate Bill 54 now goes back to the Senate for approval of the amended version.

Photo of the South Dakota House Chamber by Jake DeGroot via Wikimedia Commons

On February 28, the North Carolina Court of Appeals ruled that a three-judge panel did not have the authority to revive the two original boards after lawmakers had dissolved them with Senate Bill 4.

Gov. Roy Cooper is currently challenging Senate Bill 4 on the basis that the General Assembly overstepped its state constitutional authority when it adopted the law establishing an eight-member board to oversee elections and consider ethics complaints and issues.

Last month, the North Carolina Supreme Court blocked Senate Bill 4 from taking effect while the legal challenge against the law is pending. This latest ruling means there is not technically an Ethics Commission or Board of Elections. Gov. Cooper is expected to appeal the ruling to the state Supreme Court, which could reestablish the boards.

National:

Companies Lobbying Government Keep Spending Secret from Shareholders: Report
International Business Times – David Sirota | Published: 3/1/2017

A new report finds just 12 percent of publicly traded corporations in the S&P 500 disclose their lobbying expenditures to shareholders. Investors have increasingly called for corporate disclosure of both campaign contributions and lobbying. Some 90 percent of S&P 500 companies have board level policies regarding campaign contributions, compared to the 25 percent that have policies on lobbying. But those policies largely apply to the federal government. The study found disclosure at the state level is sparse. Five percent of S&P 500 corporations reveal which states they lobby in and two percent reveal aggregate lobbying costs.

Republican Lawmakers Introduce Bills to Curb Protesting in at Least 17 States
Washington Post – Christopher Ingraham | Published: 2/24/2017

Since the election of Donald Trump as president, Republican lawmakers in at least 17 states have introduced or voted on legislation to curb mass protests in what civil liberties experts are calling “an attack on protest rights throughout the states.” From Virginia to Washington state, legislators have introduced bills that would increase punishments for blocking highways, ban the use of masks during protests, and, in at least once case, seize the assets of people involved in protests that later turn violent. The proposals come after a string of mass protest movements in the past few years, covering everything from police shootings of unarmed black men to the Dakota Access Pipeline to the inauguration of Trump.

Federal:

Barring Reporters from Briefings: Does it cross a legal line?
New York Times – Adam Liptak | Published: 2/28/2017

The White House blocked a number of media outlets from entering Press Secretary Sean Spicer’s office for a scheduled briefing, a highly unusual breach of relations between the White House and its press corps. Aides to Spicer allowed in reporters from only a handpicked group of news organizations that, the White House said, had been previously confirmed to attend. Organizations allowed in included Breitbart News, the One America News Network, and The Washington Times, all with conservative leanings. Reporters from Time magazine and The Associated Press, who were set to be allowed in to the briefing, chose not to attend in protest. The White House move came hours after Trump delivered a slashing broadside against the news media in a speech at the Conservative Political Action Conference.

Sessions Met with Russian Envoy Twice Last Year, Encounters He Later Did Not Disclose
Washington Post – Adam Entous, Ellen Nakashima, and Greg Miller | Published: 3/1/2017

U.S. Attorney General Jeff Sessions spoke twice with Russia’s ambassador to the U.S. last year, raising new questions about contact between Trump campaign officials and the Kremlin. Sessions, a former senator from Alabama, did not disclose the contact with Russian Ambassador Sergey Kislyak during his confirmation hearings, testifying under oath that he “did not have communications with the Russians.” The contacts are coming under scrutiny because Sessions endorsed Donald Trump early in his presidential bid. A spokesperson for Sessions confirmed the contact with Kislyak, saying the attorney general spoke on the phone with the ambassador in September. That conversation took place during the time when intelligence officials assert that Russia was interfering with the U.S. presidential election through a hacking and influence campaign.

Supreme Court Backs FEC Disclosure Rules
Bloomberg BNA – Kenneth Doyle | Published: 2/28/2017

The U.S. Supreme Court upheld a requirement that forces groups to say who is paying for issue advertising directed at candidates in an approaching election. The justices affirmed a lower court decision in a case involving ads that mention candidates but do not call for the election or defeat of one. The Supreme Court has generally upheld disclosure requirements even as it has struck down limits on raising and spending money in political campaigns.

Trump Inspires Encryption Boom in Leaky D.C.
Politico – Andrew Restuccia and Nancy Cook | Published: 2/27/2017

In a capital worried about leaked information, many people are scrambling to cover their digital tracks. More than 70 workers from several federal agencies are using encrypted cellphone apps to arrange nighttime and weekend meetings at homes in the Washington, D.C. area to discuss their potential resistance to President Trump, said Danielle Brian, executive director of the Project on Government Oversight. The surge in the use of scrambled-communication technology – enabled by free smartphone apps such as WhatsApp and Signal – could skirt or violate laws that require government records to be preserved and the public’s business to be conducted in official channels. Defenders of federal workers argue that interest in encryption has skyrocketed as career employees ponder how to respond to an administration they fear will break the law and punish dissent.

Who’s Watching Trump’s Ethics Watchdogs?
Politico – Darren Samuelsohn | Published: 2/25/2017

The lawyers tasked with policing Donald Trump’s potential conflicts-of-interest are grappling with an oversight system that is disjointed and ineffective. More than two dozen attorneys working inside and outside government have a part of Trump’s ethics portfolio, but no one individual has visibility into the full picture. The set up means that in some cases the lawyers are overlapping while other areas of potential conflict go uncovered entirely. Perhaps a bigger issue for the watchdog effort is that the lawyers who have the job of safeguarding either the White House or the president and his family business do not see the conflict issues as deserving the significant attention they have received since Trump’s election win last November.

From the States and Municipalities:

Arizona – Arizona House Passes Bills to Restrict Citizen Initiatives
Arizona Republic – Mary Jo Pitzl | Published: 2/23/2017

In an attempt to gain control over laws proposed by citizens, the state House approved a package of bills designed to rein in the century-old initiative process enshrined in the Arizona Constitution at statehood. Opponents say the moves would undercut the power of the people to shape laws, and run counter to the citizen initiative process, while proponents argue lawmakers need the flexibility to fix unforeseen problems that might arise from a ballot measure. The measures now move to the Senate for consideration.

California – Regulators Investigating SDG&E for Potential Lobbying Violations
San Diego Union-Tribune – Joshua Emerson Smith | Published: 2/23/2017

State regulators said they are investigating San Diego Gas & Electric’s (SDG&E) efforts to influence the local adoption of government-run electricity programs, saying the company does not have permission to do so yet. Officials with SDG&E and its parent company, Sempra Energy, said the California Public Utilities Commission cleared their specially designated marketing division to lobby on community choice aggregation (CCA), a program that would give residents and businesses an alternative to SDG&E. After publicly lobbying on CCA before the San Diego County Board of Supervisors, officials with the SDG&E marketing arm, Sempra Services Corporation, said they have been meeting with lawmakers countywide on this issue. This lobbying caught the attention of the commission’s regulators. They said they are looking into the matter and violations could be subject to fines as high as $50,000 for each offense.

Colorado – How the Charities on Your Colorado Tax Form Used Connections, Money and Legislation to Earn the Coveted ‘Godsend’
Denver Post – Brian Eason | Published: 2/27/2017

Colorado’s charitable checkoff program became the nation’s first in 1977 and the state touts itself as a national leader for tax-season giving. The donations are collected when residents offer to donate portions of their tax refund or make contributions above the amount owed by filling out a supplemental form. But the official seal of approval by appearing on the form obscures uncomfortable realities. Most of the organizations receive no state oversight and won a spot with political clout. For groups that appear on the form, Sen. Lois Court said, “frequently it’s because there is a lobbyist available to help – that kind of knocks out those who can’t afford lobbyists.”

Florida – Rubio Is Asked to Leave Tampa Office Over Disruption from Weekly Protests
Tampa Bay Times – Tony Marrero | Published: 2/28/2017

The owner of Bridgeport Center has notified U.S. Mario Rubio’s office that it will not renew its lease in the Tampa office building. The reason is that demonstrations have become too disruptive to the other tenants and a costly expense for America’s Capital Partners, the building’s owner. A variety of progressive groups who oppose President Trump’s agenda have gathered at least once a week at the building, lining up on the sidewalk to wave signs and shout messages. Rubio’s seven statewide offices have been lightning rods for demonstrations. Gatherings in front of the Tampa office have surpassed 150 people.

Florida – Senator Seeks Probe into Whether Lobbyist Lisa Miller Posed as ‘Concerned Citizen’ During Call
Florida Today – Michael Malone | Published: 2/24/2017

State Sen. Kevin Rader is asking Gov. Rick Scott to investigate whether lobbyist Lisa Miller posed as a “concerned citizen” to mislead participants in a conference call with a company that rates Florida insurers. Miller has denied posing as someone named Mary Beth Wilson to praise Demotech, Inc. during the call. Demotech held the call to explain a change in its rating system and discuss the downgrade of some Florida insurance companies. Jeff Grady, president of the Florida Association of Insurance Agents, first reported on his blog that “most industry professionals” believed the caller was Miller, of Lisa Miller & Associates. He did not name her, but posted a link to her lobbyist registration page, which identifies her as representing Demotech, among other clients.

Illinois – Six More Lobbyists Face Fines for Using Emanuel’s Private Emails
Chicago Sun-Times – Fran Spielman | Published: 2/27/2017

After hitting former Uber executive David Plouffe with a record $90,000 fine for emailing Mayor Rahm Emanuel without registering as a lobbyist, the Chicago Board of Ethics issued probable cause letters to five more unregistered lobbyists and the companies they represent. A sixth letter was issued to a registered lobbyist accused of failing to report a contact, as required by law. Ethics board Chairperson William Conlon did not identify the six lobbyists in question or their companies. He would only say the maximum fines are “substantial” and the names would be released after the accused have an opportunity to respond and exercise their right to an administrative hearing. Other sources said all six individuals had lobbied Emanuel through the private email accounts the mayor used to conduct public business.

Minnesota – For Local Officials with Family Ties, Transparency Counts
Minnesota Public Radio – Brandt Williams | Published: 2/24/2017

Minneapolis City Council member and mayoral hopeful Jacob Frey got married last July, and his wife is a lobbyist. Sarah Clarke works for Hylden Advocacy and Law, which lobbies state and local governments, including Minneapolis. governments, including Minneapolis. In March of last year, the firm represented an industry group which opposed a proposed prohibition on plastic carry-out bags. Frey was one of 10 council members who voted to approve the ban. But Frey initially neglected to note his wife’s employment on a form he and other Minneapolis elected officials have to file every January. The so-called statement of economic interest form requires city officials to disclose any outside sources of compensation, along with that of their spouses or domestic partners.

New Jersey – A $500 Contribution to Republicans Costs Paving Company $7M
NJ.com – Dave Hutchinson (NJ Advance Media) | Published: 2/27/2017

A court upheld the decisions of two New Jersey agencies to rescind two contracts totaling about $7 million to a paving business and ban the company from any state contracts through the remainder of Gov. Chris Christie’s second term because of its $500 contribution to Somerset County Republicans. The court found that the donation disqualified Della Pello Paving from receiving state contracts under the state’s “pay-to-play” law, which bars state contracts exceeding $17,500 to a business that contributed more than $300 during the preceding 18 months to the governor, a candidate for governor, or any state or county political party committee.

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

On February 28, the House of Representatives passed Senate Bill 131 to ban elected officers and other officials from lobbying during a period of two years after termination of service in the state government. The bill now goes to Gov. Dennis Daugaard for consideration.

Senate Bill 131 is one of the pieces of legislation that was introduced by lawmakers to placate citizen outrage after lawmakers repealed Initiated Measure 22, the voter approved measure to overhaul ethics and campaign finance laws.

Campaign Finance

“Judge Backs Blind FEC Eye on Campaign-Finance Violations” by Tim Ryan for Courthouse News Service

New Jersey: “A $500 Contribution to Republicans Costs Paving Company $7M” by Dave Hutchinson (NJ Advance Media) for NJ.com

Elections

Texas: “Justice Department Changes Its Position in High-Profile Texas Voter-ID Case” by Sari Horwitz for Washington Post

Ethics

“From K Street to Congo: Abramoff’s new adventure” by Anna Palmer, Jake Sherman, and John Bresnahan for Politico

“Who’s Watching Trump’s Ethics Watchdogs?” by Darren Samuelsohn for Politico

New York: “The F.B.I. Questioned de Blasio. Hours Later, This Man Was Fired.” by William Rashbaum, William Neuman, and J. David Goodman for New York Times

Texas: “Political Corruption Trial Kicks off in Dallas” by David Lee for Courthouse News Service

West Virginia: “WV Lawmakers Pass Nepotism Ban” by Eric Eyre for Charleston Gazette

Legislative Issues

“The DNC Isn’t Enough: Democrats demand more leadership changes” by Gabriel Debenedetti and Edward-Isaac Dovere for Politico

Lobbying

Colorado: “How the Charities on Your Colorado Tax Form Used Connections, Money and Legislation to Earn the Coveted ‘Godsend’” by Brian Eason for Denver Post