Sometime in 2019 the Canadian territory of Yukon will have its first lobbying law. Bill No. 23, the Lobbyist Registration Act, received Royal Assent on November 22, 2018, but is not yet in effect. The Act will come into force on a day or days to be fixed by the Commissioner in Executive Council, likely in late 2019.

Upon the Act coming into force, consultant lobbyists and in-house lobbyists will be required to register. Registration will be required for individuals communicating with a public office holder, directly or through grassroots communications, in attempts to lobby. Additionally, a consultant lobbyist will be required to register when arranging a meeting between a public office holder and any other person for the purposes covered by the Act.

There are two revolving door provisions in the Act. For the six-month period after ceasing to be in office, a former public office-holder is prohibited from lobbying as a consultant lobbyist, but he or she is not prohibited from immediately lobbying as an in-house lobbyist. Additionally, a consultant lobbyist is prohibited from becoming an employee of Yukon’s public service for six months after the terminating of his or her lobbyist registration.

Penalties for violations of the Lobbyist Registration Act include fines up to $25,000 for the first violation and up to $100,000 for each subsequent violation.

Campaign Finance

National: “Trump Inaugural Fund and Super PAC Said to Be Scrutinized for Illegal Foreign Donations” by Sharon LaFraniere, Maggie Haberman, and Adam Goldman (New York Times) for MSN

Elections

National: “New Report on Russian Disinformation, Prepared for the Senate, Shows the Operation’s Scale and Sweep” by Craig Timberg and Tony Room (Washington Post) for San Jose Mercury News

Ethics

National: “Ryan Zinke’s Legal Troubles Are Far from Over” by Julie Turkewitz (New York Times) for MSN

Florida: “Ex-City Manager Rick Fernandez Agrees to Fines in Ethics Case” by Jeff Burlew for Tallahassee Democrat

Legislative Issues

Wisconsin: “Scott Walker Signs Lame-Duck Legislation Without Vetoes Curbing His Democratic Successor’s Power” by Patrick Marley and Molly Beck (Milwaukee Journal Sentinel) for USA Today

Lobbying

National: “Flynn Business Associates Charged with Illegally Lobbying for Turkish Government” by Caitlin Oprysko for Politico

Florida: “FDLE Investigation Finds Brevard School Officials Manipulated Process for Hiring Lobbying Firm” by Caroline Green for Florida Today

New Hampshire: “Sununu, Inner Circle Received Thousands from Lobbyist-Funded Nonprofit” by Todd Feathers for Manchester Union Leader

North Dakota: “Wary of New Ethics Rules, North Dakota Lobbyists Rethink Plans for Legislator Receptions” by John Hageman for Bismarck Tribune

Campaign Finance

National: Michael Cohen Sentenced to 3 Years After Implicating Trump in Hush-Money Scandal by Benjamin Weiser and William Rashbaum (New York Times) for MSN

National: A ‘Loud Gong’: National Enquirer’s surprise deal could imperil Trump by Darren Samuelsohn for Politico

Elections

North Carolina: Latest Plan to Overhaul Elections Board Heads to Cooper by Laura Leslie and Matthew Burns for WRAL

Ethics

National: Russian Maria Butina Pleads Guilty in Case to Forge Kremlin Bond with U.S. Conservatives by Spencer Hsu and Tom Jackman (Washington Post) for MSN

Florida: ‘He Got Screwed’: Gillum absent from indictment after DeSantis bashed him as corrupt by Marc Caputo for Politico

Lobbying

National: Targets of U.S. Sanctions Hire Lobbyists with Trump Ties to Seek Relief by Kenneth Vogel (New York Times) for MSN

Massachusetts: After Vow to Cap Inauguration Cash, Baker Took Lobbyist Donation by Matt Stout for Boston Globe

New York: Lawsuit Could Derail NY’s Pricey Lobbying Filing System by Chris Bragg for Albany Times Union

Pennsylvania: Pennsylvania Ethics Commission Fines Workers Comp Law Firm’s Lobbying Wings for Late Disclosure of Influence Peddling by Steve Esack for Allentown Morning Call

Campaign Finance

National: “Democratic, GOP Super PACs Quadruple Fundraising as Big-Money Groups’ Influence Grows” by Maggie Severns for Politico

Elections

North Carolina: “Harris Campaign Owes $34K, in Part for Disputed Bladen Absentee Effort” by Travis Fain for WRAL

Ethics

National: “Billionaire GOP Donor Gave Scott Pruitt $50,000 for Legal Expenses” by Brady Dennis and Juliet Eilperin (Washington Post) for MSN

Legislative Issues

New York: “Commission Recommends Pay Increases and Ethics Reforms for State Legislators” by Ben Brachfeld for Gotham Gazette

Lobbying

Kansas: “Lynn Jenkins Sets Up Lobbying Business — But She’s Still a Kansas Congresswoman” by Jonathan Shorman (Wichita Eagle) and Bryan Lowry for McClatchy DC

Missouri: “Missouri Lawmaker Quits in Last Moment Before Lobbying Limit” by David Lieb (Associated Press) for Columbia Missourian

Procurement

Tennessee: “Nashville Mayor David Briley Taps Former Judge as First-Ever Chief Compliance Officer” by Joey Garrison for The Tennessean

The Hawaii Ethics Commission will launch a new electronic filing system for lobbying registrations and disclosures beginning in January 2019, allowing lobbyists and organizations to register online for the 2019-2020 legislative biennium.

Lobbyists who plan to continue lobbying in 2019 must renew registrations by Monday, January 28, 2019. Commission staff are available to assist lobbyists who have already registered for the 2019-2020 lobbying period via a paper filing.

Lobbying expenditure reports for 2019 may be submitted electronically through the new e-filing system as early as March 2019.

National:

Republicans in Wisconsin, Michigan Push to Curb Power of Newly-Elected Democrats
Washington Post – Mark Berman, Emily Wax-Thibodeaux, and Dan Simmons | Published: 12/5/2018

Following losses in statewide elections, Republicans in Wisconsin and Michigan have responded with pushes to limit the power of Democrats who won those offices, as advocacy groups threaten to block their efforts with legal action. Wisconsin Republicans passed bills that effectively kneecap the state’s incoming Democratic governor and attorney general with measures that limit or eliminate their abilities to act on aspects of gun control, a lawsuit on the Affordable Care Act, and various other state matters. Republican lawmakers in Michigan are similarly attempting to shift authority from the Democrats recently elected as governor, attorney general, and secretary of state, the first time the party will hold all three positions in nearly three decades.

Federal:

Prosecutors Ramp Up Foreign Lobbying Probe In New York
TPM – Eric Tucker, Desmond Butler, and Chad Day (Associated Press) | Published: 12/5/2018

Spinning off from the special counsel’s Russia probe, prosecutors are ramping up their investigation into foreign lobbying by two major Washington, D.C. firms that did work for former Trump campaign chairperson Paul Manafort, according to people familiar with the matter. The investigation had been quiet for months since special counsel Robert Mueller referred it to authorities in Manhattan because it fell outside his mandate of determining whether the Trump campaign coordinated with Russia. But in a flurry of new activity, Justice Department prosecutors in the last several weeks have begun interviewing witnesses and contacting lawyers to schedule additional questioning related to the Podesta Group and Mercury Public Affairs.

Saudi-Funded Lobbyist Paid for 500 Rooms at Trump’s Hotel After 2016 Election
MSN – David fahrenthold and Jonathan O’Connell (Washington Post) | Published: 12/5/2018

Saudi lobbyists moved some business to President Trump’s hotel in Washington, D.C., last year following the 2016 election, paying for an estimated 500 nights’ stay over just three months at the Trump International Hotel. Until December 2016, the lobbyists were booking at hotels in Northern Virginia. The lobbyists, backed by the Saudi Arabian government, spent around $270,000 at the Trump hotel in total, housing dozens of U.S. military veterans brought to the district to lobby Congress against a recently-passed law allowing victims of the September 11 terrorist attacks to sue other governments. The 500 nights in Trump’s hotel came at a discounted rate, and organizers claim that is the reason they moved their business there. Some of the veterans said they were not aware they were lobbying on behalf of Saudi Arabia.

From the States and Municipalities:

Arizona – Ruling Restores Expanded Oversight by Clean Elections Commission Over Campaign Finances
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 12/6/2018

Maricopa County Superior Court Judge David Palmer ruled that major parts of a rewrite of Arizona’s campaign finance laws violate the state constitution. The judge said parts of the law illegally strip power from the Citizens Clean Elections Commission. The power to investigate campaign finance violations and act as filing officer for candidates was handed to the secretary of state under the law. The 2016 law created large exemptions in what counts as a contribution, including allowing political parties to spend unlimited sums backing a candidate. It also allowed unlimited spending on legal fees and other types of support for candidates and political committees without being counted toward contribution limits. Palmer ruled all those provisions violate the Voter Protection Act.

California – L.A. Councilman’s Wife Was a Paid Fundraiser. Ex-Aides Say He Assigned Them to Help
Los Angeles Times – Adam Elmahrek, David Zahniser, and Emily Alpert-Reyes | Published: 11/30/2018

Los Angeles City Council member Jose Huizar personally asked companies that do business at City Hall to donate to a private school where his wife was working as a professional fundraiser and also assigned his staff to help with the effort. Huizar instructed staffers to work on a yearly fundraiser for Bishop Mora Salesian High School, and the assignment was considered part of their job duties. Huizar also sent an email to aides in 2013 identifying lobbyists, city contractors, and others whom he had contacted about making a donation. In the email, Huizar said two of his staff members were assisting in the fundraising effort. Two donors who gave to Salesian in 2015 said they were asked to do so by Huizar staffers.

District of Columbia – D.C. Council Approves Sweeping Changes to Campaign Finance, Bans ‘Pay to Play’
Washington Post – Peter Jamison | Published: 12/4/2018

The District of Columbia Council passed legislation that addresses the city’s “pay-to-play” culture. The bill would ban campaign donations from firms and their top executives if they hold or are seeking government contracts worth at least $250,000. It would also give new authority to the city’s Office of Campaign Finance and require increased disclosures from independent expenditure committees. Amendments to the bill allow contractors to contribute to their own campaigns if they run for office and extend the deadline for closing campaign committees to 12 months after an election. Mayor Muriel Bowser could sign or veto the legislation or let it become law without signing it. She has not taken a position on restricting campaign donations from government contractors.

Hawaii – City Ethics Commission Is Investigating Far Fewer Cases Than 2 Years Ago
Honolulu Civil Beat – Natanya Friedheim | Published: 12/6/2018

The Honolulu Ethics Commission has kept a low profile since the tumultuous departure of its former director, Chuck Totto, more than two years ago. Totto’s replacement, Jan Yamane, has shifted the commission’s focus from investigating misconduct to training city employees and encouraging good behavior. “It doesn’t mean enforcement isn’t going to happen, but we would like to be more proactive,” Yamane said. In the years leading up to Totto’s departure, the commission saw a dwindling number of requests for advice, from an average of 342 per year from fiscal years 2012 to 2016 to just 182 requests in the 12 months following Totto’s exit. For some, the commission is now too quiet.

Illinois – Chicago Architects Don’t Just Draw – They Shower Aldermen with Campaign Cash
Chicago Tribune – Blair Kamin and Todd Lighty | Published: 12/6/2018

Chicago architects have long been viewed as more high-minded than developers, who are seen as plying the city’s aldermen with campaign money to get their projects off the ground. But that image of political purity bears little relation to reality. A virtual who’s who of Chicago architects has given tens of thousands of dollars to city council members who hold near-total power to determine whether their projects get built. Architects even have hosted fundraisers for aldermen. In some cases, donations are made while a project’s future hangs in the balance. In others, aldermen reported receiving the contributions not long after the proposals were approved. Watchdogs worry the contributions give architects an advantage over ordinary residents who oppose projects but may not have their alderman’s attention.

Massachusetts – Massachusetts Campaign Finance Law on Union Donations Appealed to U.S. Supreme Court
MassLive.com – Shira Schoenberg | Published: 12/5/2018

The Massachusetts Fiscal Alliance, after losing a challenge to the state’s ban on corporate political donations in the Supreme Judicial Court, is seeking to challenge the law before the U.S. Supreme Court. Massachusetts law prohibits corporations from contributing directly to candidates or establishing PACs but allows them to make unlimited independent expenditures, with certain disclosure requirements. The plaintiffs in the state case argued the ban violates their First Amendment rights and unfairly applies to corporations but not entities like unions and nonprofits. The Supreme Judicial Court ruled the ban on corporate donations does not violate free speech rights and can help prevent actual and perceived corruption.

Minnesota – You Know You Want to Read This Sexy Story about Legislative Process Reform
Minnesota Post – Peter Callaghan | Published: 11/29/2018

There might have been no better illustration of how long the lack of transparency at the Minnesota Legislature has been a problem than the testimony provided by a longtime lobbyist and former legislative staffer at a recent hearing on legislative process reform. Phil Griffin dug up and offered testimony on the shortcomings of the legislative process he had delivered before – in 2008. The concerns were much the same back then, Griffin said, and they remain today: The Legislature is hard to follow, even for those who get paid to do so. Too much work is done out of public view, too much is left for the closing days, and too much business is left to be addressed in massive omnibus bills that include dozens and sometimes hundreds of bills. Others echoed those complaints.

Missouri – Missouri Lawmakers Resign Ahead of New Lobbyist Limits
St. Louis Post-Dispatch – David Lieb (Associated Press) | Published: 12/4/2018

Three Missouri lawmakers have resigned just ahead of the date a new constitutional amendment takes effect requiring legislators to wait two years before they can become lobbyists. State Sen. Jake Hummel confirmed he resigned in order to preserve his right to register as a lobbyist sooner rather than later. Current law requires legislators to wait six months after the end of their elected term before they can start lobbying. The new amendment requires them to wait two years after the end of the session in which they last served, but it applies only to those serving on or after the measure’s effective date.

North Carolina – North Carolina Election-Fraud Investigation Centers on Operative with Criminal History Who Worked for GOP Congressional Candidate
Chicago Tribune – Amy Gardner and Kirk Ross (Washington Post) | Published: 12/3/2018

Political operative Leslie McCrae Dowless is at the center of a fraud investigation that has delayed the certification of Republican Mark Harris’s narrow victory in the Ninth Congressional District race in North Carolina and could prompt officials to call for a new election. The possibility that November’s vote will be tossed out has prompted an outbreak of partisan accusations. The case is politically fraught for the GOP, who have pushed for voter-identification laws and other restrictions while warning without evidence about the threat of rampant voter fraud. Now, amid Democratic calls for investigations of a different kind of election fraud, one that allegedly benefited the GOP, Republicans have stayed largely silent about the allegations, instead accusing the state elections board of trying to steal the race.

Pennsylvania – Bob Brady Aide Smukler Found Guilty on 9 of 11 Counts in Campaign Finance Case
Philadelphia Inquirer – Jeremy Roebuck and Andrew Seidman | Published: 12/3/2018

A federal jury found U.S. Rep. Bob Brady’s top political strategist, Ken Smuckler, guilty of nine of 11 counts of repeatedly flouting campaign finance laws. Smukler was convicted of coordinating multiple unlawful contributions and falsifying finance reports for candidates in back-to-back congressional races. One of those campaigns, Brady’s 2012 primary bid for re-election, ended with the abrupt withdrawal of his opponent after he was promised a $90,000 payoff, which jurors concluded Smukler helped to pay. The Justice Department now has won convictions and guilty pleas against four key players in the 2012 campaign – except, notably, Brady himself.

Texas – Some Republicans Want to Oust a Muslim Doctor from His GOP Leadership Role – Because He’s Muslim
San Jose Mercury News – Meagan Flynn (Washington Post) | Published: 12/5/2018

The first time Shahid Shafi ran for a seat on the city council in Southlake in 2011, advisers assured him a Muslim in post-September 11 America who spoke with an accent and emigrated from Pakistan would never win an election in Texas. He won the Southlake City Council seat on his second try, in 2014, has since served as a delegate to multiple Texas GOP conventions and, in July, was appointed vice chairperson of the Tarrant County Republican Party. But that is when his religion somehow became a problem again, in the eyes of some Republican colleagues.

West Virginia – He Is West Virginia’s Speaker of the House – and a Lawyer for Natural Gas Companies
ProPublica – Ken Ward Jr. and Kate Mishkin (Charleston Gazette-Mail) | Published: 12/4/2018

West Virginia Del. Roger Hanshaw is expected to be re-elected as House speaker when the legislative session convenes in January. In the position, Hanshaw wields significant control over which bills are called up for votes and which are sent to committees to effectively die. When he is not at the Capitol, Hanshaw makes his living as an attorney, and his clients have included natural gas companies and gas industry lobby groups. Under the state’s ethics laws, those overlapping interests are not enough to keep him from voting on matters affecting the industry. Hanshaw illustrates both the industry’s growing ties to lawmakers and how West Virginia ethics laws allow lawmakers to advocate for their own interests or those of their clients, and sometimes leave state residents in the dark about such potential conflicts.

Campaign Finance

Arizona: “Watchdog Group: Ducey re-election PAC received illegal $500,000 contribution” by Maria Polletta for Arizona Republic

Massachusetts: “Massachusetts Campaign Finance Law on Union Donations Appealed to U.S. Supreme Court” by Shira Schoenberg for MassLive.com

Washington D.C.: “D.C. Council Approves Sweeping Changes to Campaign Finance, Bans ‘Pay to Play’” by Peter Jamison for Washington Post

Ethics

National: “Flynn Was Key Cooperator and Deserves Little Prison Time, Mueller Team Says” by Adam Goldman and Eileen Sullivan (New York Times) for WRAL

New Mexico: “Legislator Says Harassment Claim Dismissal Vindicates Him” by Dan Boyd for Albuquerque Journal

New York: “NYC Board of Elections Boss Didn’t Properly Report Lavish Trips Funded by Voting Machine Company” by Denis Slattery for New York Daily News

Texas: “Some Republicans Want to Oust a Muslim Doctor from His GOP Leadership Role – Because He’s Muslim” by Meagan Flynn (Washington Post) for San Jose Mercury News

West Virginia: “He Is West Virginia’s Speaker of the House – and a Lawyer for Natural Gas Companies” by Ken Ward Jr. and Kate Mishkin (Charleston Gazette-Mail) for ProPublica

Legislative Issues

Wisconsin: “Wisconsin Republicans Pass Lame-Duck Bill to Curb Powers of Incoming Governor, Attorney General” by Jessie Opoien for Madsion.com

Lobbying

National: “Prosecutors Ramp Up Foreign Lobbying Probe In New York” by Eric Tucker, Desmond Butler, and Chad Day (Associated Press) for TPM

Missouri: “Missouri Lawmakers Resign Ahead of New Lobbyist Limits” by David Lieb (Associated Press) for St. Louis Post-Dispatch

On October 15, 2018, the Baltimore City Council passed an ethics bill introduced by City Councilman Zeke Cohen.

Ordinance No. 18-0230, also known as the Transparency in Lobbying Act, became law without the mayor’s signature on December 3, 2018.

The ordinance requires lobbyists to file reports twice a year and affirmatively identify their clients when approaching city government officials. Additionally, any lobbyist violating the act may be banned for a period of three years.

An amendment was adopted delaying the effective date of the reporting provisions. As a result, lobbyists will file the annual report due January 31, 2019.

Following the 2019 annual report, lobbyists will likely report semi-annually beginning with a report due on July 31, 2019.

The bill will be effective March 3, 2019, while the section impacting reporting requirements will be effective March 3, 2019, or 30 days from a viable online reporting system being implemented, whichever is later.

Campaign Finance

California: L.A. Councilman’s Wife Was a Paid Fundraiser. Ex-Aides Say He Assigned Them to Help by Adam Elmahrek, David Zahniser, and Emily Alpert-Reyes for the Los Angeles Times

Elections

National: Trump-Led GOP Grows Increasingly Tolerant of Racially Divisive Politics by Matt Viser and Michael Scherer (Washington Post) for The News-Times

North Carolina: Amid Fraud Allegations, North Carolina Election Board Won’t Certify House Race by Sasha Ingber for Maine Public

Ethics

National: The Swamp Builders by Manuel Roig-Franzia for The Washington Post

National: Supreme Court to Consider Case That Could Affect Potential Manafort Prosecutions by Robert Barnes for The Washington Post

New Mexico: New Mexico Lawmakers Debate Ethics Secrecy by Dan McKay for the Albuquerque Journal

Lobbying

National: Ex-Justice Official Helped 1MDB’s Jho Low Funnel Dirty Money by Greg Farrell, Tom Schoenberg, and David Voreacos for Bloomberg

On November 28, a panel of the U.S. Court of Appeals for the Eighth Circuit panel affirmed a district court ruling that Missouri statutes regarding lobbyist registration and reporting were constitutional.

In Calzone v. Summers, The U.S. Court of Appeals for the Eighth Circuit upheld the United States District Court for the Western District of Missouri’s finding that the First Amendment does not shield unpaid individuals designated to act as a lobbyist from registration and reporting requirements under sections 105.470 and 105.473 of the Missouri Revised Statutes.

Federal:

How FEC Babysitting Decision Could Pave Way for More Hill Diversity
Roll Call – Stephanie Akin | Published: 11/26/2018

The FEC in May decided for the first time ever that child care was a legitimate campaign expense, on par with polling or campaign signs. In future years, the change is expected to increase the number of middle-class parents who take on the staggering time and financial commitments of a campaign. Because the FEC decision came just six months before Election Day, it is too early to tell if that will be the case. But the candidates who reported babysitting expenses this cycle provide the first indication of the difference it will make.

Manafort’s Lawyer Said to Brief Trump Attorneys on What He Told Mueller
MSN – Michael Schmidt, Sharon LaFraniere, and Maggie Haberman (New York Times) | Published: 11/27/2018

Former Trump campaign chairperson Paul Manafort’s attorney repeatedly spoke with the president’s lawyers about discussions with federal investigators after Manafort agreed to cooperate with special counsel Robert Mueller. Rudy Giuliani, who represents Trump in the special counsel’s investigation, said Manafort’s lawyer, Kevin Downing, relayed that investigators pressed Manafort on what Trump knew about the June 2016 Trump Tower meeting between campaign associates and a Russian lawyer who had promised dirt on Hillary Clinton. Trump’s legal team has maintained a joint defense agreement with witnesses in Mueller’s investigations, including Manafort. But it is uncommon for those agreements to continue after a witness reaches a plea agreement with prosecutors.

From the States and Municipalities:

Alaska: Judges Open Door Wider for Out-of-State Money in Alaska Elections
Anchorage Daily News – James Brooks | Published: 11/27/2018

A federal appeals court panel ruled Alaska’s limit on what nonresidents can contribute to candidates is unconstitutional. But the three-judge panel of the Ninth U.S. Circuit Court of Appeals upheld other donation limits it said were tailored to prevent corruption or the appearance of corruption. The judges upheld limits on contributions made by individuals to candidates and groups that are not political parties. They also upheld caps on the total amount a political party can give municipal candidates. The majority found the aggregate limit on what candidates can get from nonresidents violates the First Amendment. The opinion says states must show limits fight potential corruption and can’t simply go after “undue influence.”

District of Columbia: D.C. Council Approves Sweeping Reforms to Combat ‘Pay-to-Play’ Politics
Washington Post – Peter Jamison | Published: 11/20/2018

The District of Columbia Council gave preliminary approval to new campaign finance regulations, including restrictions on government contractors’ political contributions, bringing a potential sea change to a city that has witnessed repeated corruption scandals. The bill would ban campaign donations from firms and their top executives if they hold or are seeking government contracts worth at least $250,000. It would also give new authority and independence to the city’s Office of Campaign Finance, long viewed as a weak enforcer, and require increased disclosures from independent expenditure committees.

Maryland: Hogan Names Panel to Redraw Maryland’s 6th District, Despite Frosh Appeal of Court Order to Fix Gerrymandering
Baltimore Sun – Michael Dresser | Published: 11/26/2018

Gov. Larry Hogan created an “emergency” commission to redraw the borders of Maryland’s Sixth Congressional District, moving ahead on a new map despite state Attorney General Brian Frosh’s appeal of a federal ruling that ordered the redraft. Hogan signed an executive order creating a nine-person commission – made up of three Democrats, three Republicans, and three unaffiliated voters – to propose a new map. The governor’s decision puts the state on two paths in responding to the decision. As Maryland’s chief lawyer, Frosh is fighting to have the U.S. Supreme Court hear the case and rule before a new map is created. Meanwhile, Hogan, as chief executive, is pushing forward with an effort to comply with it.

Missouri: Court Ruling Could Force Everyday Missourians to Register as Lobbyists, Attorneys Say
Kansas City Star – Jason Hancock | Published: 11/29/2018

An appeals court panel ruled against a man challenging a Missouri law that places restrictions on unpaid political activists. Ron Calzone was testing the law that requires anyone attempting to influence lawmakers to follow the same rules as professional lobbyists. That means an individual would have to register as a lobbyist and file as many as 14 reports with the state each year. A panel of the Eighth U.S. Circuit Court of Appeals decided the First Amendment does not shield citizen activists from these requirements or the penalties for noncompliance. The U.S. Supreme Court has not reviewed a lobbyist registration case since 1954’s United States v. Harriss, in which the court limited the reach of a federal statute to only cover “those who for hire attempt to influence legislation or who collect or spend funds for that purpose.”

Missouri: Parson Alters Lobbyist Gift Ban Rules Imposed by Greitens
St. Louis Post-Dispatch – Kurt Erickson | Published: 11/20/2018

Missouri Gov. Mike Parson tweaked an order issued by his predecessor that could bring an end to a federal lawsuit over a ban on gifts from lobbyists. In a rewrite of an executive order issued by former Gov. Eric Greitens on the day he took office in 2017, Parson altered a section that prohibited executive branch employees from accepting gifts. The new wording, which adopts descriptions found in existing law, could allow groups like a Virginia-based law firm to distribute informational books to employees of the governor’s office.

New Jersey: ‘Dark Money’ Flows into NJ Politics and None of It Has to Be Accounted For
Bergen Record – Dustin Racioppi | Published: 11/26/2018

With the midterms over, New Jersey lawmakers will soon turn their attention to the 2019 legislative races. If recent history is an indicator, outside money will flood into the state as Democrats try to bolster their majority in the statehouse. And none of it has to be accounted for. This “dark money” is hidden from the public because New Jersey’s rules governing campaign finance have not been updated in years. That is despite a push from the Election Law Enforcement Commission to strengthen the state’s disclosure laws, a push that has been met with inaction by the Democratic-controlled Legislature. The result is a confusing patchwork of regulations that leave the state susceptible to massive amounts of “dark money.”

New York: Lawsuit Seeks to Block New York’s Sweeping New Lobbying Rules
Albany Times Union – Chris Bragg | Published: 11/28/2018

The New York Joint Commission on Public Ethics (JCOPE) this year passed regulations overhauling the rules that cover the state’s lobbying industry. A lawsuit argues JCOPE lacks the authority to create the 92 pages of new regulations. The plaintiffs say those rules would unduly burden lobbyists and their clients and infringe on their free speech rights. The petitioners want to see the regulations struck down in state Supreme Court and are seeking an injunction disallowing JCOPE from enforcing them in the interim. While JCOPE’s staff have said the new rules largely codify decades of existing state ethics opinions, the regulations were meant to update New York’s lobbying rules, as modern lobbying campaigns emphasize the application of public pressure on lawmakers separate from more traditional person-to-person lobbying.

New York: N.Y. Democrats Vowed to Get Big Money Out of Politics. Will Big Money Interfere?
MSN – Vivian Wang (New York Times) | Published: 11/22/2018

A loophole in New York’s campaign finance law has for more than 20 years allowed corporations to create limited liability companies (LLCs) for the sole purpose of giving virtually unlimited amounts of money to candidates. Democrats, in their successful bid to recapture the state Senate for the first time in a decade, campaigned on a promise to close it. But even as they vowed to muzzle big money’s influence, they benefited from the same LLC contributions they were railing against. The corporations’ sudden generosity, and Democrats’ acceptance of it, has raised questions about whether lawmakers will make good on their promise to overhaul New York’s campaign finance system, or whether – now that they have consolidated control of Albany’s levers of power – they might prefer to bask in its perks.

Ohio: City of Columbus Proposes Campaign Finance Reforms
WOSU – Adora Namigadde | Published: 11/28/2018

Mayor Andrew Ginther and other Columbus officials unveiled a proposed campaign finance law that would limit annual individual and group contributions to $12,707.79 and require anyone running election ads to immediately disclose who paid for them. But members of a progressive group that often opposes the city’s Democratic establishment said they believe that limit is too high compared to other cities and are developing their own proposal with a much lower cap. The legislation also would require auditing of campaign finance filings to assure compliance.

South Carolina: Court Case Could Change How SC Statehouse Elections Are Funded
Charleston Post and Courier – Jamie Lovegrove | Published: 11/26/2018

Even before he won a special election to the state Senate in November, Dick Harpootlian landed a potentially game-changing blow to the way statehouse campaigns are funded in South Carolina. Inundated with television ads funded by the Senate GOP caucus, a group that includes all Republican incumbents, Harpootlian filed a lawsuit claiming the ads amounted to an excessive campaign contribution on behalf of his opponent, Benjamin Dunn. If Harpootlian ends up winning the full case, legislators and operatives believe it could have a dramatic impact on the way campaigns are financed moving forward, curbing the influence in elections from powerful party groups.

Tennessee: Mayor Briley Halts Public Works Contracts, Hires Compliance Officer Amid Questions Raised in Audit
The Tennessean – Joey Garrison | Published: 11/27/2018

Nashville Mayor David Briley halted five future Metro Public Works contracts for sidewalk, paving, and other capital projects amid questions raised in a recent audit about the department’s close relationship with a top engineering contractor. The administration also announced plans to hire the city’s first-ever chief compliance officer who will work in the mayor’s office to review ethics in the city’s procurement process. The moves come after it was reported that photos showed executives from Collier Engineering, which has won $48.7 million in Metro contracts since 2010, entertaining city officials inside a company suite at Bridgestone Arena during multiple sporting events this year. In several cases, the city employees did not appear to pay for the tickets, violating the ethics code on accepting gifts.

The Montana Commissioner of Political Practices has proposed to amend the threshold amount a lobbyist can earn to trigger lobbyist registration with the state.

The current amount of $2,550 was set in 2017. The new proposed threshold amount for 2019 is $2,600.

Anyone who is directly affected by the proposal can express their views at a public hearing by making a written request for a hearing no later than 5:00 pm on December 11, 2018.

Hearing requests should be made to Scott Cook at 406-444-2942 or via email at scook3@mt.gov.

A lawsuit has been filed against the Joint Commission on Public Ethics to stop the commission’s Comprehensive Lobbying Regulations from going into effect on January 1, 2019.

David Grandeau, a former lobbying enforcement official and one of three petitioners in the lawsuit, argue the commission lacks the authority to create regulations that expand and amend New York’s Lobbying Act.

The lawsuit, York Group Associates LLC v. Joint Commission on Public Ethics was filed in state Supreme Court in Albany on November 28, 2018.

Campaign Finance

National: “Unnamed Donors Gave Large Sums to Conservative Nonprofit That Funded Pro-Trump Allies” by Michelle Ye Hee Lee (Washington Post) for MSN

Alaska: “Judges Open Door Wider for Out-of-State Money in Alaska Elections” by James Brooks for Anchorage Daily News

Elections

National: “Roger Stone Sought WikiLeaks’ Plans Amid 2016 Campaign, Associate Says” by Sharon LaFraniere and Maggie Haberman New York Times) for WRAL

Michigan: “Ethics Committee: Brenda Jones can keep Detroit job while in Congress” by Todd Spangler and Kat Stafford for Detroit Free Press

Mississippi: “Cindy Hyde-Smith Holds Off Mike Espy to Keep Mississippi Senate Seat” by Alan Blinder (New York Times) for WRAL

Ethics

National: “Manafort’s Lawyer Said to Brief Trump Attorneys on What He Told Mueller” by Michael Schmidt, Sharon LaFraniere, and Maggie Haberman (New York Times) for MSN

National: “Republicans Block Mueller Protection Bill from Senate Floor Vote” by Caitlin Oprysko and Marianne Levine for Politico

New Mexico: “SIC Approves $5.65 Million ‘Pay-to-Play’ Settlement” by Dan Boyd for Albuquerque Journal

Pennsylvania: “Ex-Allentown Finance Director Sentenced to House Arrest for Pay-to-Play Scheme” by Peter Hall and Emily Opilo for Allentown Morning Call

Tennessee: “Mayor Briley Halts Public Works Contracts, Hires Compliance Officer Amid Questions Raised in Audit” by Joey Garrison for The Tennessean

Lobbying

Missouri: “Federal Appeals Court Decides Against Mid-Missouri Man, Ruling Unpaid Activists Are Lobbyists” by the Staff for Lake Expo

New York: “Lawsuit Seeks to Block New York’s Sweeping New Lobbying Rules” by Chris Bragg for Albany Times Union