Campaign Finance

Canada: “An SNC-Lavalin Lobbyist Attended Liberal Donor Events, Critics Say It Was Cash-for-Access” by Maura Forrest and Jesse Snyder for Cochrane Times

Arkansas: “Former Arkansas Senator Is Fined $11,000 by Ethics Panel” by Lisa Hammersly for Arkansas Democrat-Gazette

Illinois: “Debt Collector Indicted on Pay-to-Play Charges Linked to Circuit Court Clerk Dorothy Brown” by Patrick O’Connell and Megan Crepeau for Chicago Tribune

Minnesota: “Lawmakers Look to Close Campaign Finance Loophole Affecting Minneapolis Elections” by Peter Callaghan for MinnPost

Elections

National: “Workers on Bernie Sanders’ 2020 Campaign Have Unionized” by Juana Summers for AP News

Kentucky: “Kentucky Legislature Passes Bill Stripping Grimes of Authority Over State Board of Elections” by Jessica Huseman for ProPublica

Ethics

California: “California Is Awash in Cannabis Cash. Some Is Being Used to Bribe Public Officials” by Patrick McGreevy for Los Angeles Times

Lobbying

National: “Trump-Connected Lobby Firms Cash in With Foreign Governments” by Theodoric Meyer for Politico

National: “Lobbying Case Against Democrat with Ties to Manafort Reaches Key Stage” by Kenneth Vogel and Katie Benner for New York Times

Campaign finance reform, elections changes, and new lobbying and ethics bills passed in this week’s News You Can Use video digest!

The Kentucky General Assembly unanimously advanced Senate Bill 6 to Gov. Matt Bevin’s desk.

The bill requires the disclosure of executive lobbyist compensation and prohibits compensation for executive agency lobbyists contingent on awarding of a government contract or based on a percentage of a government contract awarded.

If signed, the bill will become effective 90 days after the General Assembly adjourns sine die.

Federal:

After Week of Infighting, Democrats Wonder Where to Draw Line on Speech
MSN – Glenn Thrush and Sheryl Gay Stolberg (New York Times) | Published: 3/10/2019

A House resolution that condemned anti-Semitism and virtually every other form of bigotry, passed with unanimous Democratic support. The measure, which began as a rebuke to U.S. Rep. Ilhan Omar and ended as a catchall declaration of tolerance that did not mention her by name, seemed to satisfy no one. Ultimately, the intraparty fight left unanswered a question that transcends partisan politics: In an era of shouting and provocation, how should Congress respond when its members say hateful or hurtful things? Many Democrats worry they have set a new standard, creating a precedent that mandates a major response every time a member transgresses rules of rhetorical decorum that are ill-defined and subject to dispute.

Election Watchdog Hits Jeb Bush’s Super-PAC with Massive Fine for Taking Money from Foreign Nationals
Mother Jones – Nihal Krishan | Published: 3/11/2019

The FEC issued a record fine to Right to Rise USA, the super PAC that backed Jeb Bush’s 2016 presidential bid, for accepting a seven-figure donation from a company owned by Chinese nationals who were in business with Bush’s brother, Neil. It is illegal for foreign nationals to be involved in making donations to political committees. Neil Bush solicited a $1.3 million contribution from American Pacific International Capital (APIC), an international investment holding company where he is a board member. Although the contribution to the super PAC came from the American arm of APIC, the company’s owners are Chinese, and Neil Bush initially solicited the money from two Chinese nationals. The FEC fined APIC $550,000 and Right to Rise $390,000.

From the States and Municipalities:

Arizona: Brnovich to Rule on Legality of Tempe’s Ban Against ‘Dark Money’ in Politics
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 3/13/2019

Arizona Attorney General Mark Brnovich will rule whether cities can impose their own prohibitions on “dark money” in local campaigns. The move comes because Sen. Vince Leach invoked a state law that requires the attorney general to investigate allegations by lawmakers of violations of state laws by local officials. In this case, Leach contends a Tempe initiative approved by voters in 2017 requiring public disclosure of the true source of campaign donations is illegal. What Brnovich decides could affect the ability of cities and towns throughout the state to enact similar laws.

Florida: Former City Manager Rick Fernandez Fined $6K in Ethics Case
Tallahassee Democrat – Jeff Burlew | Published: 3/7/2019

The Florida Commission on Ethics agreed to settle civil charges against former Tallahassee City Manager Rick Fernandez that he solicited and accepted free Florida State University football tickets from a city vendor or lobbyist and did not report a catering discount on gift forms. Fernandez will pay $6,000 in fines and face public censure and reprimand as part of the settlement. The commission found probable cause Fernandez committed 20 ethics violations when he accepted the football tickets from lobbyist Adam Corey’s firm and took a nearly $7,000 catering discount at The Edison restaurant for his daughter’s wedding reception. The Edison, which Corey co-owns, got $2.1 million from the city and the Community Redevelopment Agency to rehabilitate the area where the restaurant is located.

Florida: Miami-Dade Ethics Board Dismisses Lobbying Complaint Against Beckham Group
Miami Herald – Joey Flechas | Published: 3/13/2019

The Miami-Dade Commission on Ethics and Public Trust dismissed a complaint against David Beckham and associates trying to launch a Major League Soccer (MLS) team in Miami. A complaint alleged Beckham, his partners, and their lawyers had failed to properly register to lobby elected officials on matters related to the proposal to build a $1 billion soccer stadium and office park on city-owned land. One part of the complaint involved disclosure of stakeholders owning companies that employ lobbyists in the city. Lobbyists representing the Beckham group were not disclosing the identities of people or entities who own five percent or more of the corporations they are representing, a disclosure required under county law. But it turns out almost nobody was disclosing this due to the poorly formatted forms.

Illinois: Bombshell Filing Details FBI’s Two-Year Probe of Alleged Corruption by Ald. Daniel Solis
Chicago Tribune – Jason Meisner, Jeff Coen, Stacy St. Clair, and Christy Gutowski | Published: 3/13/2019

A search warrant lays out a laundry list of alleged federal crimes the FBI had compiled against Chicago Ald. Daniel Solis by the time he was confronted and agreed to cooperate with the investigation. Solis had received a “steady flow of personal benefits” in exchange for official action as an alderman or the promise of official action, the affidavit alleged, including Viagra pills and prostitution services from a political operative who represented a company seeking an exemption from the city’s water ordinance. As the powerful head of the Zoning Committee, Solis directed a legislative aide to maintain a running list of people and entities he would seek campaign contributions from, along with corresponding information about what official action each contributor needed from him, the affidavit alleged.

Iowa: County Officials Vacationed at Vendor’s Florida Beach Condo
AP News – Ryan Foley | Published: 3/13/2019

Two county treasurers from Iowa recently vacationed with a businessperson they have supported for a lucrative tax website contract, staying at his Florida beach property for free in an apparent violation of state ethics law. The trip highlighted a long, cozy, and ethically questionable relationship between county officials and an important vendor. Iowa law bans public employees from accepting gifts and favors worth three dollars or more from “restricted donors,” who include vendors, lobbyists, and others affected by their official actions. Vendors are barred from offering gifts, and the law does not contain an exception for friends.

Kansas: White Linen Restaurant Bans Lawmakers, Lobbyists After Altercation
Topeka Capital-Journal – Sherman Smith | Published: 3/8/2019

A group of Kansas lawmakers and lobbyists were asked to leave the White Linen restaurant in Topeka and were banned from returning after co-owner Adam Vandonge said they “completely disrespected everyone” with loud, drunken behavior. Vandonge described a boisterous scene that intensified in response to pleas to the 12-person party, which included House Speaker Ron Ryckman to be quiet. “They showed up and just started drinking and drinking and drinking,” said Vandonge. At one point, a manager told Rep. Blaine Finch that he would not be served any more alcohol. After that, servers heard cursing at the table. One member of the party entered the kitchen and began yelling at the sous chef, asking if he knew who Finch was.

Michigan: Dark Money Used to Evade Donor Disclosure Laws in Michigan
Detroit News – Jonathan Oosting | Published: 3/7/2019

A dark money group that spent more than $2 million to help promote Gretchen Whitmer successful gubernatorial bid in the 2018 exploited a legal loophole to avoid disclosing any donors to the state or federal governments, and it is not alone. Progressive Advocacy Trust is one of at least five local Democratic Party accounts in Michigan that have operated in the shadows since at least 2002, according to an investigation. The groups can accept unlimited corporate or union contributions but have evaded all disclosure requirements. It is not clear if the Michigan Democratic Party could shut down local dark money accounts, but the party also utilizes an administrative account that is not subject to disclosure rules for running issue-ad campaigns.

Nevada: RJ Investigation Finds Violations, No Enforcement of County Lobbying Disclosures
Las Vegas Review-Journal – Michael Scott Davidson | Published: 3/9/2019

On hundreds of occasions last year, lobbyists may have failed to disclose communications within five days of meeting with a Clark County commissioner as required by law. The Las Vegas Review-Journal discovered the meetings by comparing lobbying disclosure forms submitted to the county clerk’s office with commissioners’ work calendars and check-in logs outside their offices. The lack of compliance shows the vulnerability of a county lobbying program that operates without a watchdog. Even an easy-to-monitor rule – whether filed disclosure forms are submitted on time – is not tracked. Penalties for noncompliance, written into law a decade ago, have never been imposed by officials. Presented with the newspaper’s findings, county commissioners pledged to keep better tabs on lobbying efforts.

New Mexico: GOP Lawmakers Blast Campaign Finance Bill
Albuquerque Journal – Colleen Heild | Published: 3/13/2019

Campaign finance reporting legislation on its way to the governor is touted as a way to increase transparency and accountability in New Mexico elections. But some Republican lawmakers are crying foul because the measure was amended just days before final consideration to give top legislative leaders of both parties authority to create, in the words of one lawmaker, “super-caucus PACs,” that would be allowed to accept contributions up to $25,000 from a single donor for a primary election and another $25,000 for the general. Further, there would be no limit to in-kind contributions to a candidate from a legislative caucus committee. The additional fundraising ability, which also applies to political parties, puts legislative leaders in position to help boost political campaigns for chosen candidates and initiatives.

New Mexico: Senate Committee Spikes Lobbying Disclosure Bill
New Mexico Political Report – Andrew Oxford (Santa Fe New Mexican) | Published: 3/13/2019

A New Mexico Senate committee shot down legislation that would have required lobbyists to report which bills they are working on. House Bill 131 also would have barred lobbyists from making any expenditures on legislators while they are in session. The bill had passed the House with broad support, but the Senate Rules Committee voted to table it after little discussion.

New York: Lobbyists Accused of Misconduct Create Quandary at Capitol
Albany Times Union – Rachel Silberstein | Published: 3/11/2019

Former New York Sen. Jeff Klein was hired by Mercury Public Affairs after he lost his seat in the September primary. He remains under investigation by the Joint Committee on Public Ethics in response to an allegation he forcibly kissed a female staff member. Klein has denied the woman’s claim. Several lawmakers said they have serious reservations about meeting with any lobbyist who has faced allegations of sexual harassment, but they stopped short of saying they would cease doing business with those firms. In a Twitter campaign, a group of former legislative aides have taken aim at some of Mercury’s clients, urging them to ask the firm what it is doing to support employees. The women testified at a hearing, describing a culture that too often tolerates and protects harassers while maligning and ostracizing victims.

Tennessee: How Little-Known Meetings in Hard-to-Find Locations Can Make or Break Legislation in Tennessee
The Tennessean – Joel Ebert | Published: 3/12/2019

Legislative pre-meetings in the Tennessee General Assembly are informal gatherings where lawmakers and stakeholders openly discuss legislation. Defenders of pre-meetings, which lawmakers refer to as bill review, say they are beneficial because they provide legislators an opportunity to become more informed on legislation, but critics say pre-meetings are the antithesis of how the Legislature should operate. Although they are official meetings, audio and video livestreaming is absent and no notes are taken to provide members of the public with knowledge of what transpires. While much of what happens inside these often hard-to-find rooms is unknown to the public, what is clear is that pre-meetings can make or break a bill.

Vermont:Lawmakers Seek to Modify Ethics Commission Procedures After Scott Ruling
VTDigger.org – Mark Johnson | Published: 3/14/2019

The Vermont State Ethics Commission mishandled a case involving Gov. Phil Scott, according to key lawmakers who plan to “clarify” one of the commission’s few tools. Chairpersons of the House and Senate committees that created the commission said the ethics panel went beyond its legal authority and improperly injected politics into its advisory opinion that said Scott had violated state ethics law. The commission ruled Scott’s ongoing financial relationship with a construction company he owned that still does business with the state was improper. A draft bill would make clear that advisory opinions be general and not involve a specific person or case. They also said advisory opinions should only be issued by the commission’s executive director and not at the request of an outside individual or advocacy group.

Campaign Finance

National: “2020 Dems Fight to Win Big-Money Purity Test” by Maggie Severns for Politico

New Mexico: “GOP Lawmakers Blast Campaign Finance Bill” by Colleen Heild for Albuquerque Journal

Ethics

Connecticut: “Ethics Office: Sen. Alex Bergstein Not Barred from Paying Staffer with Personal Funds” by Neil Vigdor for Hartford Courant

Illinois: “Mayor Rahm Emanuel’s Ethics Reform Plan Stalls in City Council Committee” by John Byrne for Chicago Tribune

Iowa: “County Officials Vacationed at Vendor’s Florida Beach Condo” by Ryan Foley for AP News

New York: “New York AG Subpoenas Deutsche Bank for Records Related to 3 Trump Properties, Including Chicago’s Trump Tower” by David Fahrenthold and Jonathan O’Connell (Washington Post) for Chicago Tribune

Legislative Issues

Tennessee: “How Little-Known Meetings in Hard-to-Find Locations Can Make or Break Legislation in Tennessee” by Joel Ebert for The Tennessean

Lobbying

National: “Paul Manafort Is Sentenced to a Total of 7 1 / 2 Years in Prison for Conspiracy and Fraud, and Charged with Mortgage Fraud in N.Y.” by Spencer Hsu, Rachel Weiner, and Ann Marimow (Washington Post) for MSN

Canada: “SNC-Lavalin Board Chair, a Former Top Bureaucrat, May Have Run Afoul of Federal Lobbying Rules” by Beatrice Paez for Hill Times

Florida: “Miami-Dade Ethics Board Dismisses Lobbying Complaint Against Beckham Group” by Joey Flechas for Miami Herald

Arkansas Gov. Asa Hutchinson signed several bills into law.

Senate Bill 249 increases the fines for violating ethics laws the Arkansas Ethics Commission may levy at violators from $2,000 to $3,500.

Senate Bill 256 prohibits an elected state official from registering as a lobbyist in any jurisdiction while serving as an elected state official and House Bill 1178 amends various sections of law related to competitive sealed bids.

The bills will become effective 90 days after the legislative session adjourns sine die.

Campaign Finance

National: “Election Watchdog Hits Jeb Bush’s Super-PAC with Massive Fine for Taking Money from Foreign Nationals” by Nihal Krishan for Mother Jones

New Mexico: “Changes Likely for Dark-Money in New Mexico Elections” by Associated Press for KOB

Ethics

Florida: “Gov. Ron DeSantis Hitches Ride to New York on South Florida Gambling Mogul’s Jet; GOP Picks Up Tab” by Steve Bousquet for South Florida Sun Sentinel

Nevada: “Former State Sen. Atkinson Pleads Guilty, Used $250K in Campaign Funds for SUV, Night Club” by James DeHaven for Reno Gazette-Journal

New York: “Freebies, No-Show Jobs and Bribes: Ex-Long Island official convicted of graft” by Sarah Maslin Nir and Arielle Dollinger for New York Times

Lobbying

National: “Incendiary N.R.A. Videos Find New Critics: N.R.A. leaders” by Danny Hakim (New York Times) for MSN

Canada: “Sask. Lobbyist ‘Loophole’ Should Be Closed: NDP” by Adam Hunter for CBC

New York: “Lobbyists Accused of Misconduct Create Quandary at Capitol” by Rachel Silberstein for Albany Times Union

Campaign Finance

West Virginia: “Lawmakers Vote to Raise Their Campaign Contribution Limits” by Erin Beck for Beckley Register-Herald

Ethics

National: “After Week of Infighting, Democrats Wonder Where to Draw Line on Speech” by Glenn Thrush and Sheryl Gay Stolberg (New York Times) for MSN

Kansas: “White Linen Restaurant Bans Lawmakers, Lobbyists After Altercation” by Sherman Smith for Topeka Capital-Journal

New York: “State Legislature Pushing to Revamp Embattled Ethics Board” by Michael Gormely for Newsweek

Washington D.C.: “D.C. Council, Bowser Administration Receive Federal Subpoenas in Jack Evans Ethics Probe” by Peter Jamison, Steve Thompson, and Fenit Nirappil for Washington Post

Lobbying

National: “How Lobbying Has Changed in Donald Trump’s Washington” by Luke Mullins for Washingtonian Magazine

Nevada: “RJ Investigation Finds Violations, No Enforcement of County Lobbying Disclosures” by Michael Scott Davidson for Las Vegas Review-Journal

New Mexico: “Lobbyists Weigh in on Disclosure, Ban on Spending Proposals” by Marjorie Childress for New Mexico In Depth

On March 7, a bill to amend Saskatchewan’s lobbying law was introduced in the Legislative Assembly.

Bill No. 615, An Act to amend The Lobbyist Act, would remove the current 100-hour annual threshold required to trigger registration for in-house lobbyists.

Additionally, the bill would eliminate the registration exemption for non-profits, except for those non-profit entities with no more than five employees.

The bill also prohibits Members of the Legislative Assembly (MLAs) from accepting gifts, unless a gift is accepted in accordance with The Members’ Conflict of Interest Act. The gift prohibition in the bill extends to an MLA’s staff, members of the Executive Council and their staff, employees of the ministry, individuals in certain appointed positions, and employees, officers, directors, and members of governmental institutions.

If the legislation passes, the amendments would come into force on Assent.

Keeping track of changes to federal and state ethics and campaign finance laws is tough. Here are four stories you don’t want to miss from last week about changes happening all across the country!

On March 8, the U.S. House of Representatives passed a sweeping campaign finance, lobbying, ethics, and election gerrymandering reform bill.

Introduced by Rep. John Sarbanes, House Bill 1, the For the People Act of 2019, requires any organization involved in political activity to disclose its largest donors, creates a multiple matching system for small donations for political campaigns, and amends rules governing super PACs.

Additionally, the bill restructures the Federal Election Commission, amends the federal conflict of interest law, and expands the revolving door provision by prohibiting Members of Congress from serving on corporate boards.

If enacted, the bill also requires presidential candidates to disclose their tax returns, prohibits partisan gerrymandering, increases oversight over election vendors, creates an automatic voter registration across the country, and changes registration requirements for lobbyists and foreign agents.

Federal:

Justice Department Taps Mueller Prosecutor to Enforce Foreign Lobbying Disclosure
Reuters – Karen Freifeld and Suzanne Barlyn | Published: 3/6/2019

Assistant U.S. Attorney Brandon Van Grack was chosen to lead a team at the Justice Department that will make sure the Foreign Agent Registration Act (FARA), which requires disclosure of lobbying on behalf of foreign interests, is more aggressively enforced. One focal point may be Russia, which U.S. intelligence agencies say waged a disinformation campaign to sway the 2016 presidential election for Donald Trump. Assistant Attorney General John Demers also warned that law firms should take FARA registration seriously, citing the example of Skadden, Arps, Slate, Meagher & Flom, which agreed to pay $4.6 million and admitted it should have registered for a report aimed at discrediting a former Ukrainian prime minister.

From the States and Municipalities:

Connecticut: Election Officials: State contractor ban on political donations applies to marijuana producers, but not dispensaries
Hartford Courant – Neil Vigdor | Published: 3/7/2019

The State Elections Enforcement Commission ruled that a prohibition on campaign donations from state contractors extends to marijuana producers – but not dispensaries – because the value of licensing agreements they have with the state exceed $50,000. Medical marijuana has been legal in Connecticut since 2012. In anticipation of the legislative debate over recreational marijuana, the industry asked for guidance from last year about whether political contributions to legislators and statewide office holders comply with Connecticut’s 2005 clean elections law. A ban on state contractor contributions is a hallmark of the program.

District of Columbia: D.C. Council Member Jack Evans’ Use of Government Office for Personal Gain Inappropriate, Chair Says
Washington Post – Steve Thompson and Peter Jamison | Published: 3/4/2019

District of Columbia Council Chairperson Phil Mendelson said council member Jack Evans acted inappropriately when he emailed business proposals to potential employers and offered them his influence and connections as an elected official. Evans faces growing scrutiny after The Washington Post reported he sent solicitations on his government email to law firms that lobby city government, offering his contacts and sway as the council’s longest serving lawmaker and as chair of the Washington Metropolitan Area Transit Authority. The authority’s board of directors directed its ethics officer to investigate Evans. The Post reported a federal grand jury has also been investigating Evans and issued a subpoena to officials for documents related to legislation that Evans promoted in 2016 that would have benefited a digital sign company.

Kentucky: Kentucky Secretary of State Staff Searched Voting Records for Investigators and Rivals, Records Show
ProPublica – Daniel Desrochers (Lexington Herald Leader) and Jessica Huseman | Published: 3/6/2019

Kentucky officials released records that show employees in the secretary of state’s office used the voter registration system to look up political rivals, state investigators, and a range of political operatives. It is not clear in many instances why Secretary of State Alison Lundergan Grimes’ office was looking up people and their personal information such as political affiliation, and some Social Security numbers but it has led critics to conclude her office abused its access to the system to gain information about her political opponents and those involved in multiple investigations of her conduct while in office. Grimes had maintained her office had done no inappropriate searches.

Louisiana: Entergy Fined $5M, Can Move Forward with New Power Plant
Louisiana Weekly – Michael Issac Stein (The Lens) | Published: 3/4/2019

The New Orleans City Council approved a new Entergy power plant in city limits while imposing a $5 million fine against the company for using paid actors to influence its decision during the approval process. The council concluded Entergy “knew or should have known” that one if its subcontractors was paying people to fill seats and speak in favor of the project at public hearings. Entergy agreeing to the fine was contingent on the council not revoking its prior approval of the plant. Critics of the vote noted most council members have either worked for Entergy or received campaign donations from their PAC. Councilperson Cyndi Nguyen’s non-profit received at least $27,625 from Entergy. Councilperson Jay Banks revealed he once worked for the company as a government relations consultant.

Maryland: Maryland Delegate Says She Won’t Resign after House Censures Her for ‘Racist and Hateful Slur’
MSN – Luke Broadwater and Pamela Wood (Baltimore Sun) | Published: 2/28/2019

The House of Delegates censured Del. Mary Ann Lisanti for her use of a racial slur, which members said, “brought dishonor to the entire General Assembly of Maryland.” After the vote, Lisanti said she would not resign, despite calls for her to do so. She also said she did not believe she had used an offensive term to describe African-Americans, although she acknowledged earlier in the week that she had done so. Lisanti came under fire after it was reported she used the racial slur during an after-hours gathering in January at an Annapolis bar. Lisanti told a fellow lawmaker that when he helped a candidate in Prince George’s County, he was knocking on doors in a “n—– district,” according to the report.

Nevada: Nevada Senate Majority Leader Kelvin Atkinson Resigns
Las Vegas Review-Journal – Colton Lochhead and Bill Dentzer | Published: 3/5/2019

Nevada Senate Majority Leader Kelvin Atkinson resigned after admitting to using campaign funds for personal use and said he will plead guilty to federal charges. Sen. Nicole Cannizzaro was elected by Senate Democrats as the new leader of the majority. Cannizzaro becomes the first woman to serve as Senate majority leader in the state’s history. Details of the investigation, including how much money was misappropriated and what exactly Atkinson used the money for, remain unclear. Atkinson’s resignation marks the first time a lawmaker has left mid-session since 2013. But it is far from the first time a state lawmaker has recently found themselves on the wrong side of campaign finance laws.

New Hampshire: GOP Lawmakers in N.H. Wore Pearls While Gun Violence Victims Testified. Activists Were Outraged.
Boston Globe – Reis Thebault (Washington Post) | Published: 3/5/2019

Republican members of the New Hampshire House are drawing scrutiny for wearing pearl necklaces while activists with Moms Demand Action for Gun Sense in America shared their experiences with gun violence at a recent hearing on a bill that would make it easier to take weapons away from potentially dangerous people. Critics who posted the images on social media said the implication was clear: the politicians thought gun-control activists were “clutching their pearls” in overwrought and self-righteous outrage – and, specifically, female outrage. Some pro-gun advocates argued the legislators’ intent was to represent opposition to the bill. Kimberly Morin, president of the Women’s Defense League of New Hampshire, said opponents of gun control measures have been wearing pearls at gun-related hearings since 2016.

New Mexico: Former Public Servants Lobby Ex-Colleagues
Albuquerque Journal – Dan McKay | Published: 2/28/2019

Former Rep. Debbie Rodella Rodella is one of a few former officials who were public servants during the last legislative session and lobbyists this year, including Keith Gardner, the chief of staff under then-Gov. Susana Martinez. Also making the immediate transition are former Reps. Bealquin Gomez and Jim Smith. New Mexico law does not prohibit ex-lawmakers from lobbying once their terms end. Some legislators have tried repeatedly to change that, with proposals to impose a one- or two-year waiting period. Senate Majority Leader Peter Wirth said a “cooling-off” period would be appropriate. “It just doesn’t feel right to immediately be in a position where you’re coming back to your colleagues, who you were an equal with, and the next day you’re lobbying them on behalf of a client,” said Wirth.

North Carolina: Why a Judge Ruled That the Entire North Carolina Legislature Is Illegitimate
Governing – Alan Greenblatt | Published: 2/27/2019

Wake County Superior Court Judge G. Bryan Collins struck down two constitutional amendments that had been approved by North Carolina voters in November. One regarded voter ID requirements and the other a cap on state income taxes. The amendments had been placed on the ballot by the Republican-controlled Legislature. Collins ruled the lawmakers had no standing to approve constitutional amendments because they were elected using maps that federal courts, up to the U.S. Supreme Court, found to be unconstitutional racial gerrymanders. “An illegally constituted General Assembly does not represent the people of North Carolina and is therefore not empowered to pass legislation that would amend the state’s constitution,” Collins wrote.

Oregon: Lawmakers Come and Go, but the Lobby Remains a Powerful Constant in Oregon Legislature
Portland Tribune – Claire Withycombe, Aubrey Wieber, and Paris Achen | Published: 3/1/2019

Interest groups in Oregon spent $12 million more on lobbying in 2017 than they did a decade earlier. That spending is only part of the cost of doing business in Salem. Donating to campaigns and other political operations is routine – interest groups sank $25 million into last year’s state elections. Now that the legislative session is underway, the focus is on trying to shape the laws and spending that will affect every Oregonian. The lobbyists return year after year, some decade after decade. In contrast, some legislators last only one term. “In a Legislature that has extremely high turnover, there are different institutional forces that have impact on the outcomes of legislation … but the one constant in Salem is gonna be the lobby,” said state Rep. Dan Rayfield.

Oregon: Oregon Legislature Reaches $1.3M Settlement Over Sexual Harassment
Portland Oregonian – Hillary Borrud | Published: 3/5/2019

Oregon legislative leaders announced they have signed a $1.3 million settlement with state labor regulators and nine women who experienced sexual harassment at the Capitol. The women will receive $1.1 million and the Legislature will pay the Bureau of Labor and Industries $200,000 to cover the agency’s legal costs. As part of the deal, the women agreed not to pursue legal action against the Legislature and other named defendants. For its part, the Legislature agreed to implement a list of reforms to make the Capitol a safer place to work, including adopting a definition of harassment with specific examples and using an independent lawyer to handle any discrimination and harassment complaints until it creates a new Equity Office.

South Carolina: SC Politicians, Lobbyists and More 0we $2.4M in Ethics Fines, But Many Will Never Pay
The State – Lucas Deprile | Published: 3/6/2019

There are 337 candidates, political parties, and lobbyists who owe the South Carolina Ethics Commission a total of $2.4 million in fines, many of which will likely never be collected. More than half of those who owed fines eight years ago still have not paid them, even though many large penalties have been reduced. The law says those who fail to file the appropriate forms must pay $10 per report every day after they are notified that they owe money. But after 10 days, that increases to $100 per missing report per day. The maximum fine is capped at $5,000, but until 2011, there was no ceiling to how much someone would owe.

West Virginia: Poster Linking Rep. Ilhan Omar to 9/11 Sparks Outrage at West Virginia Capitol
Los Angeles Times – Eli Rosenberg (Washington Post) | Published: 3/2/2019

The chairperson of the West Virginia Republican Party said the GOP does not condone an anti-Muslim poster displayed at the Capitol during a Republican event that linked U.S. Rep. Ilhan Omar to the September 11 terrorist attacks. The poster featured a picture of planes flying into the World Trade Center with the phrase “never forget, you said” and then under it, a picture of Omar with the words “I am proof you have forgotten.” Del. Michael Angelucci said he heard Sergeant at Arms Anne Lieberman, the chamber’s principal law enforcement official, call all Muslims terrorists. Lieberman disputed that accusation yet submitted a resignation letter. Del. Mike Caputo admitted to kicking open the chamber doors out of anger, an act that reportedly injured a doorkeeper.

Senate Bills 249 and 256 have been passed by the Legislature are on the way to Gov. Asa Hutchinson’s desk.

Senate Bill 249 increases the fines for violating ethics laws the Arkansas Ethics Commission may levy at violators from $2,000 to $3,500.

Senate Bill 256 prohibits an elected state official from registering as a lobbyist in any jurisdiction while serving as an elected state official.

If signed by the governor, the bills will become effective 90 days after the legislative session adjourns sine die.

Campaign Finance

Arizona: “Judge Says Ex-AG Horne Denied Due Process in Campaign Violations Case” by Howard Fischer (Capitol News Services) for Arizona Daily Star

Kansas: “Prosecutors Weigh Options After Jury Acquits Michael O’Donnell on Most Counts” by Amy Renee Leiker for Wichita Eagle

Nevada: “Senate Majority Leader Kelvin Atkinson Resigns After Admitting to Misappropriating Campaign Funds for Personal Use” by Riley Snider, Megan Messerly, and Michelle Rindels for Nevada Independent

Ethics

National: “Trump Tweet Touting One of His Scotland Golf Courses as ‘the Greatest’ in the World Draws Criticism” by David Fahrenthold and Joel Achenbach (Washington Post) for San Francisco Chronicle

District of Columbia: “Towing Contractor Hooked D.C. Officials with $50,000 in Bribes, He Admits in Court” by Ann Marimow and Peter Jamison for Washington Post

Lobbying

National: “Ilhan Omar’s Criticism Raises the Question: Is Aipac too powerful?” by Sheryl Gay Stolberg for New York Times

Canada: “Lobbying Commissioner Should Investigate Facebook, Says MP Angus” by Elizabeth Thompson for CBC

Louisiana: “Entergy Fined $5M, Can Move Forward with New Power Plant” by Michael Issac Stein (The Lens) for Louisiana Weekly

Procurement

National: “Nationwide Lobbying Push for Contractor Monitoring Software Alarms State CIOs” by Benjamin Freed for StateScoop