National:

Independents Uneasy About Taking Cash, Even from Indie Group
St. Louis Post-Dispatch – Marina Villeneuve (Associated Press) | Published: 8/9/2018

Hoping to capitalize on voter frustration over growing polarization in politics, a group fueled partly by what critics call “dark money” plans to spend $3 million this year to support and elect independents. But some lawmakers are declining their help. Unite America is endorsing and providing polling for independent gubernatorial and legislative candidates across the country. Some independents, however, are reluctant to accept the support because they distrust influence by any outside, special interest group. They are also wary of any link to so-called dark money, contributions from groups such as nonprofits that do not have to disclose their donors under federal law.

Lax State Ethics Rules Leave Health Agencies Vulnerable to Conflicts
Politico – Brianna Ehley, Sarah Karlin-Smith, Rachana Pradhan, and Jennifer Haberkorn | Published: 8/12/2018

A lack of transparency in state ethics laws prevents the public from having visibility into conflicts by officials who may oversee millions of dollars in spending and make decisions that affect thousands of people. A review of ethics rules found that in one out of five states, top public health officials are not subject to any disclosure for financial holdings. Even when states do have rules on the books, they vary widely, and loopholes abound. Watchdogs and ethics experts say the uneven rules, and ill-defined consequences if problems are identified, make it virtually impossible to know whether officials might have conflicts that skew their decision-making, or to hold them accountable if lapses do occur.

Federal:

Charges Against Rep. Chris Collins Highlight Lack of Trading Limits for Congress
Chicago Tribune – Bill Allison and Erik Wasson (Bloomberg) | Published: 8/9/2018

The indictment of U.S. Rep. Christopher Collins on insider trading charges, along with his colleagues’ holdings in the biotechnology company at the center of the case, highlight how members of Congress face few restrictions on their investments and service on corporate boards, creating the potential for conflicts-of-interest. Unlike executive branch officials, who must resign from outside positions and divest assets that could pose conflicts, Congress relies on public disclosure as the main mechanism for keeping lawmakers honest. In the past, that has led to a number of scandals involving investment decisions that resulted in charges of self-enrichment and insider trading.

Trump Offers White House Staffers a Special Perk at His Golf Club
Politico – Annie Karni and Eliana Johnson | Published: 8/13/2018

White House staffers who displayed proof of their administration job are getting discounted merchandise from the pro shop at President Trump’s Bedminster, New Jersey, golf club. The administration officials get discounts ranging from 15 percent on regular merchandise to 70 percent off clearance items. The discount amounts to the same perk given to Bedminster members who pay a reported $350,000 annually. Watchdogs raised concerns about the practice, noting it amounts to a conflict-of-interest and is considered a gift if the discount is not available to all government employees.

Voting Rights Advocates Used to Have an Ally in the Government. That’s Changing.
MSN – Michael Wines (New York Times) | Published: 8/12/2018

During the Obama administration, the U.S. Justice Department would often go to court to stop states from taking steps to suppress voter rights. But 18 months into President Trump’s term, there are signs of change: the department has launched no new efforts to roll back state restrictions on the ability to vote, and instead often sides with them. In the national battle over voting rights, the fighting is done in court, state by state, over rules that can seem arcane but have the potential to sway the outcome of elections. The Justice Department’s recent actions point to a decided shift in policy at the federal level toward an agenda embraced by conservatives who say they want to prevent voter fraud.

From the States and Municipalities:

California – Ex-Assemblyman Matt Dababneh, Under Legislative Investigation on Sexual Misconduct Allegations, Sues Lobbyist for Defamation
Los Angeles Times – Melanie Mason | Published: 8/14/2018

Former California Assemblyperson Matt Dababneh, who resigned amid allegations of sexual harassment and assault, is suing the lobbyist who accused him of pushing her into a hotel bathroom and masturbating in front of her. Dababneh sued Pamela Lopez for defamation and intentional infliction of emotional distress. He is seeking unspecified damages. A letter from the Assembly Rules Committee said an investigator determined Lopez’s allegation was “substantiated” and in violation of Assembly policy.

California – It’s an Election Year, and California’s Campaign Watchdogs Are Busy Fighting Among Themselves
Sacramento Bee – Taryn Luna | Published: 8/13/2018

After years of limiting commissioners to $200 per month, members of the California Fair Political Practices Commission (FPPC) moved in February to pay themselves on an hourly basis. They have debated whether to loosen campaign finance restrictions on lawmakers and argued over how much power to give their chairperson. As the FPPC focuses on internal issues, they are missing an opportunity to become one of the leading campaign finance agencies in the country, said Jessica Levinson, a political ethics expert at the Loyola Law School in Los Angeles. “They are not only missing that opportunity, they watched it go by, they waved at it and they kept arguing about how much they were going to charge per diem,” Levinson said.

Colorado – Backers of Denver Campaign Finance Ballot Measure Agree to Deal That Would Delay Public Financing, Lower Limits
Denver Post – Jon Murray | Published: 8/14/2018

Backers of a Denver campaign finance initiative have agreed to a deal with city officials that would replace the measure on the November ballot with a revised version that delays the changes until after next year’s municipal election. Voter approval for the new proposal this fall would bring about drastically lower contribution limits for candidates seeking city offices and would ban direct corporate and union contributions. It also would institute a voluntary public financing system. While the gist of those elements is unchanged, the city council is set to begin the process of referring a replacement measure to the ballot that would make several changes to dates and details such as how quickly the city must issue public funds.

Georgia – Atlanta City Council Seeks to Require Lobbyists to Register with the City
Staff, Atlanta Daily World –   | Published: 8/13/2018

A pair of ordinances were introduced in the Atlanta City Council that would require individuals and principles to register as lobbyists if they seek to influence legislative or administrative actions and encourage council members to report any violations of Georgia’s lobbying law. Atlanta currently doe not have any rules on lobbying in the city.

Illinois – Mayoral Hopeful Who Gave Thousands in Cash, Checks: ‘I’m just tired of white people telling me what to do.’
Chicago Tribune – Gregory Pratt | Published: 8/9/2018

Responding to what his Chicago mayoral campaign called an investigation by Illinois Attorney General Lisa Madigan, a defiant Willie Wilson defended his recent cash giveaways and said there is “nothing wrong” with his charitable foundation’s paperwork. The controversy stems from a church event in July, where Wilson handed out more than $200,000 in cash and checks. Gov. Bruce Rauner was at the event and later criticized the giveaway, but the state election board said Wilson apparently did not violate any election laws. Noting he was raised in the Jim Crow South, Wilson, who is black, said, “I’m just tired of white people telling me what to do.”

Maine – Maine Ethics Regulators Vote to Re-Open Taxpayer Campaign Funding for 2018
Bangor Daily News – Michael Shepherd | Published: 8/16/2018

Maine’s ethics commission said it will release about $3 million in public campaign funds for one gubernatorial candidate and over 200 legislative candidates. The commission voted to release the money held up by a typo in a budget law. Gov. Paul LePage’s administration recently agreed to comply with a judge’s order to release over $1 million in public campaign funding that LePage held up by refusing to sign routine financial orders. Several commissioners said that same logic should apply to more money held up because lawmakers did not fix the error.

Michigan – Michigan Senate Winner Still Shrouded in Mystery Following Primary Shocker
Detroit News – Jonathan Oosting | Published: 8/10/2018

Betty Jean Alexander of Detroit remains shrouded in mystery after scoring a shocking win over state Sen. David Knezek in a Democratic primary race that few thought would be competitive. Alexander, whom several local party leaders say they had never heard of, did not report spending any money on her campaign and has not granted any media interviews since her surprise victory. Lamar Lemmons III, a former state lawmaker and current Detroit school board member, is under scrutiny for his role in electing Alexander, whom he describes as a 53-year-old single mother with two children who works in an administrative job.

Pennsylvania – Could Abuse Report Lead to Laws Extending Rights to Sue the Church?
Pittsburgh Post-Gazette – Liz Navratil and Angela Couloumbis | Published: 8/15/2018

In its report detailing a coverup of child sex abuse by Catholic bishops across Pennsylvania, a grand jury recommended giving older adults the right to file lawsuits for abuse they suffered as children. Political disagreements and lobbying have repeatedly stalled bills that would have retroactively loosened the statute of limitations for claims against the Catholic Church, leading to questions of whether the new findings would lead to change. While victims say the ability to sue could help them access services to cope with the trauma, lobbyists for the church and the insurance industry have opposed such legislation, saying a flood of lawsuits would deliver a crushing financial blow.

Vermont – Christine Hallquist Wins Vermont Primary, Becoming First Openly Transgender Major Party Nominee for Governor
Washington Post – Samantha Schmidt and Kayla Epstein | Published: 8/15/2018

Christine Hallquist won the Democratic gubernatorial primary in Vermont, becoming the first openly transgender candidate to be nominated for governor by a major party in the U.S. Hallquist, a first-time candidate, won in a crowded field of four Democrats. She is part of a progressive wave of political novices, women, and LGBTQ candidates running in this year’s midterm elections, many of them galvanized by the election and behavior of President Trump. But from here, her path to the governor’s office could be a narrow one, even though she is a Democrat running in a progressive state.

West Virginia – Lawmakers Impeach All 4 W.Va. Court Justices Over Spending
MSN, Associated Press – | Published: 8/14/2018

The West Virginia House voted to impeach all the justices on the state Supreme Court, a decision prompted by reports of extravagant spending on office renovations. If the justices are convicted in the Senate and removed, replacements will be named by Gov. Jim Justice. Most of the articles involved Chief Justice Allen Loughry, who has been suspended since June and is facing a federal indictment on charges of fraud and false statements. The court as a whole was impeached for not creating policies to rein in the wasteful spending. Two justices were charged with overpaying retired judges who fill in to hear cases, and Justice Robin Davis was charged with wasteful spending on her office remodeling. A fifth justice, Menis Ketchum, resigned in July before pleading guilty to fraud, having taken a state car for personal use.

Campaign Finance

Colorado: “Backers of Denver Campaign Finance Ballot Measure Agree to Deal That Would Delay Public Financing, Lower Limits” by Jon Murray for Denver Post

New Mexico: “Cannabis Industry Grows as Source of Campaign Funds” by Steve Terrell (Santa Fe new Mexican) for Las Cruces Sun-News

South Dakota: “With Sutton Amendment, South Dakota Committees Now Face Some Restrictions on Campaign Spending” by Bob Mercer for Capital Journal

Ethics

National: “‘Everyone Signed One’: Trump is aggressive in his use of nondisclosure agreements, even in government” by Josh Dawsey and Ashley Parker (Washington Post) for MSN

National: “Trump Offers White House Staffers a Special Perk at His Golf Club” by Annie Karni and Eliana Johnson for Politico

New Jersey: “Tougher Ethics Rules for Council that Guides Public Pension Investments” by John Reitmeyer for NJ Spotlight

Pennsylvania: “Ex-Reading Official Pleads Guilty to Taking Bribe from Former Mayor” by Peter Hall for Allentown Morning Call

West Virginia: “Lawmakers Impeach All 4 W.Va. Court Justices Over Spending” by the Associated Press for MSN

Lobbying

Georgia: “Atlanta City Council Seeks to Require Lobbyists to Register with the City” by the Staff for Atlanta Daily World

Campaign Finance

National: “Independents Uneasy About Taking Cash, Even from Indie Group” by Marina Villeneuve (Associated Press) for St. Louis Post-Dispatch

California: “It’s an Election Year, and California’s Campaign Watchdogs Are Busy Fighting Among Themselves” by Taryn Luna for Sacramento Bee

Elections

National: “Voting Rights Advocates Used to Have an Ally in the Government. That’s Changing.” by Michael Wines (New York Times) for MSN

Michigan: “Michigan Senate Winner Still Shrouded in Mystery Following Primary Shocker” by Jonathan Oosting for Detroit News

Ethics

National: “Representative Chris Collins Suspends Bid for Re-election After Insider Trading Charges” by Shane Goldmacher (New York Times) for WRAL

California: “Ethics Commission Levies Hefty Fine for ‘Egregious’ Conflict-of-Interest Violations” by David Garrick for San Diego Union Tribune

Hawaii: “Maui Ethics Board Warns Against Accepting Tournament Gifts” by Associated Press for Sacramento Bee

Lobbying

National: “Lax State Ethics Rules Leave Health Agencies Vulnerable to Conflicts” by Brianna Ehley, Sarah Karlin-Smith, Rachana Pradhan, and Jennifer Haberkorn for Politico

Atlanta City Council members introduced legislation requiring individuals and principals seeking to influence legislative or administrative actions of the city to register as a lobbyist.

The ordinance would require registration for any effort to influence an approval or veto of legislation; an agency’s proposal, consideration, or promulgation of a regulation; or the solicitation, award, or administration of a contract.

If approved, the effective date is January, 1, 2019.

The Government of Yukon is seeking public input for development of a mandatory lobbyist registry.

On August 6, the government issued a news release stating proposed legislation would cover both consultant and in-house lobbyists. The voluntary public survey is hosted by the Yukon Bureau of Statistics and is available until September 4. The survey is available online or on paper, by request. All public input remains confidential in accordance with the Statistics Act (Yukon).

If legislation concerning lobbying passes, Yukon would become the first Canadian territory with a lobbyist registry. Currently, the Northwest Territories and Nunavut also do not have lobbying laws. The federal government and all provinces in Canada have lobbyist registries.

You don’t want to miss this weeks News You Can Use Video Digest from State and Federal Communications intern Abigail Siegfried!

National:

Accused of Harassment, and Seeking Redemption at the Ballot Box
MSN – Julie Turkewitz and Alan Blinder (New York Times) | Published: 8/5/2018

Almost a year into an anti-harassment movement that has prompted a coast-to-coast cultural reckoning, more than a dozen politicians who have been accused of misconduct and are running for state legislative seats again anyway. Some candidates hope voters will accept their apologies. Others believe constituents will dismiss the allegations as untrue or deem them unimportant at a time when state Legislatures could play crucial roles either in advancing the Trump administration’s agenda or forming bulwarks against it. Apologies alone do not satisfy some of those who are working to ensure candidates accused of harassment do not retain political power.

Federal:

GOP Rep. Chris Collins Charged with Securities Fraud
Politico – Kyle Cheney, Jimmy Vielkind, and Laura Nahmias | Published: 8/8/2018

U.S. Rep. Christopher Collins was indicted on charges he used inside information about a biotechnology company to make illicit stock trades. The indictment charges Collins and his son, Cameron, and Stephen Zarsky, who is the father of Cameron Collins’ fiancée, with conspiracy, wire fraud, and other counts. Rep. Collins was Innate Immunotherapeutics’ largest shareholder and served on its board. He received an email from Innate’s chief executive alerting him the company’s highly touted drug had failed in clinical trials. Rep. Collins is alleged to have passed that information to his son, who notified Zarsky. Prosecutors say the three avoided about $768,000 in losses because of the information.

Judge’s Ruling Invalidates FEC Regulation Allowing Anonymous Donations to ‘Dark Money’ Groups
Politico – Brent Griffiths | Published: 8/4/2018

U.S. District Court Judge Beryl Howell struck down an FEC rule that allowed for anonymous donations to “dark money” groups. Howell ruled the FEC regulation allowing for those donors to remain anonymous fell below the standard that Congress meant to set when it passed laws on disclosing the sources of political donations. The ruling, which is likely to be appealed, means nonprofits could be required to reveal the identities of donors who give $200 or more toward affecting federal elections. The FEC has 45 days to issue temporary regulations that would require the so-called dark money groups to reveal more about their donors.

On Appeals Court, Kavanaugh Helped to Loosen Political Money Laws
National Public Radio – Peter Overby | Published: 8/8/2018

Supreme Court nominee Brett Kavanaugh has been on the U.S. Circuit Court for the District of Columbia, a frequent destination for cases involving the FEC. His decisions have effectively pulled the campaign finance system rightward, letting in more money with less regulation. He is been roughly in sync with Anthony Kennedy, the justice he once clerked for and now might succeed. “I think his record on money and politics should be right up there alongside the likelihood that he’ll overturn Roe or strike down the [Affordable Care Act],” said Chiraag Bains, director of legal strategies for the progressive advocacy group Demos.

From the States and Municipalities:

Arizona: Prosecutors Drop Bribery, Fraud Charges Against Former Utility Regulator, Others
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 8/7/2018

The U.S. Attorney’s Office for Arizona filed a motion to dismiss the indictment of a former utility regulator and others who were charged in a bribery case that ended in a mistrial. Jurors could not agree whether former utility regulator Gary Pierce, his wife, Sherry, lobbyist Jim Norton, and water company owner George Johnson had participated in a bribery scheme, as prosecutors alleged. Taryn Jeffries served as the jury foreperson. She said she was not surprised the government decided not to retry the case, which she considered “weak.” Jeffries said the jurors deadlocked at seven-to-five with those believing the defendants were guilty in the minority.

Florida: Panel Finds ‘Probable Cause’ That Five Municipal Officials, Five Lobbyists Violated State Ethics Laws
Florida Watchdog – John Haughey | Published: 8/3/2018

The Florida Commission on Ethics found probable cause that five lobbying firms filed inaccurate financial disclosure reports for 2016. The evidence turned up in random audits of executive branch lobbying firms. Among the commission’s notable actions was finding probable cause that former Madeira Beach City Manager Shane Crawford “accepted prohibited gifts from lobbyists, or alternatively, failed to report discounts valued at more than $100 as gifts.”

Kansas: ‘That Is a Conflict’: Kobach should recuse himself from a recount, experts say
Kansas City Star – Bryan Lowry, Steve Vockrodt, Jonathan Shorman, and Hunter Woodall | Published: 8/8/2018

Kansas Secretary of State Kris Kobach said he does not plan to recuse himself from a potential recount effort in the state’s Republican gubernatorial primary, despite being a candidate in the race. He said while his office oversees recounts, it does not directly participate in vote-counting, which is done at the county level. Kobach is leading Gov. Jeff Colyer by fewer than 200 votes in the closely watched race. If Colyer requests a hand recount after all provisional and mail-in ballots are counted, the secretary of state’s office will decide how much the governor’s campaign would have to pay for a recount. Kobach is not required by law to recuse himself, but legal and political experts said it would be in his best interest to do so.

Maine: After Court Battle, Maine’s Clean Elections Candidates to Get $1 Million In Campaign Funds
New England Public Radio – Steve Mistler | Published: 8/8/2018

Maine Gov. Paul LePage has complied with a court order that he release about $1.4 million in public campaign funding he had held up by refusing to sign routine financial orders. The move means about 120 candidates for the Legislature and one for governor will be getting money soon to help run their campaigns under the Maine Clean Election Act. Seven candidates and the Maine Citizens for Clean Elections sued LePage because he refused to release the funds, which would come from unspent money from the 2016 election cycle.

Missouri: Lawsuit Seeks to Knock Gerrymandering Issue Off Missouri’s November Ballot
St. Louis Post-Dispatch – Kurt Erickson | Published: 8/6/2018

An attorney who helped draw the boundaries of Missouri’s current legislative districts is trying to knock a question off the November ballot designed to end partisan gerrymandering. Eddie Greim said the proposed referendum violates a provision in the Missouri Constitution that prevents multiple subjects from being combined into one ballot proposal. The referendum asks whether voters want to tighten campaign contribution limits, ban lobbyist gifts, institute a two-year waiting period for lawmakers-turned-lobbyists, start a new redistricting system in 2020, and require lawmakers to adhere to the Sunshine Law.

Missouri: Slay’s Role as Lobbyist Raises Questions Over Conflict of Interest in Quest to Privatize Airport
St. Louis Public Radio – Melody Walker | Published: 8/6/2018

Francis Slay, just weeks before leaving office as mayor in April of last year, initiated the process that could lead to the privatization of St. Louis Lambert International Airport. In June of this year, Slay was hired by Ferrovial Airports, a company with experience in managing airports in Europe, and considered one of three top contenders in the bidding process for Lambert. Slay registered as a lobbyist in June “to lobby local elected officials.” His role as a lobbyist for a company seeking to lease the city’s largest asset through a process he initiated while mayor has raised some eyebrows, and some serious questions about a conflict-of-interest.

New York: BOE Approves Regulations That Could Hinder Independent Investigations
Albany Times Union – David Lombardo | Published: 8/8/2018

The New York State Board of Elections is moving to weaken the powers of an independent watchdog. The board voted to require the state’s independent enforcement counsel to justify in writing each subpoena they want to issue when investigating alleged campaign finance and election law cases. The board already had control over whether subpoenas could be issued in specific cases, but the new rule means the counsel must get approval on a subpoena-by-subpoena basis. Good-government groups criticized the move, which state Attorney General Barbara Underwood said will “gut” the counsel’s independence and lead to more corruption.

Texas: Dwaine Caraway Resigns from Dallas City Council, Pleads Guilty to Federal Corruption Charges
Dallas News – Robert Wilonsky, Holly Hacker, and Miles Moffeit | Published: 8/9/2018

Dallas Mayor Pro Tem Dwaine Caraway pleaded guilty to federal charges of receiving $450,000 in bribes and kickbacks and resigned from the city council. Caraway admitted taking the payments exchange for votes in favor of a camera company, Force Multiplier Solutions (FXS), which sought contract work with Dallas County Schools. At times, Robert Leonard, the owner of FXS, would pay Caraway in checks that he would cash at liquor stores and pawn shops. Leonard also admitted to paying Rick Sorrells, a former Dallas County school superintendent, more than $3 million in bribes and kickbacks. Their actions, prosecutors said, helped FXS secure more than $70 million in contracts and agreements with Dallas County Schools.

Texas: Texas Court Revives Lawsuit to Strip Ethics Regulators of Campaign, Elections Oversight
Dallas News – Lauren McGaughey | Published: 8/3/2018

A conservative advocacy group’s legal challenge to the Texas Ethics Commission took a leap forward after the lawsuit, dismissed in 2016 by a District Court judge, was revived by an appeals court. The decision by the Third Court of Appeals is the latest in an ongoing series of blows between Empower Texans, an influential group led by Michael Quinn Sullivan, and the commission, which years ago investigated the organization for alleged campaign law violations. The lawsuit asks whether the ethics panel has the legal authority to carry out many of its core functions, including enforcement and oversight of campaign finance rules.

Vermont: This 14-Year-Old Is Running for Governor Before He Can Even Vote
Washington Post – Kayla Epstein | Published: 8/8/2018

Unlike most states, Vermont has no age requirement for gubernatorial candidates, only a residency requirement. So, Ethan Sonneborn, who has lived in Bristol for 14 years – his entire life – makes the cut. Sonneborn declared his candidacy for governor back in August 2017, and then told his parents about it. After the secretary of state consulted with the attorney general, it was decided he would be allowed to run, but his parents would have to sign a form acknowledging they knew he was running and did not oppose him doing so.

Campaign Finance

National: “On Appeals Court, Kavanaugh Helped to Loosen Political Money Laws” by Peter Overby for National Public Radio

Oregon: “Campaign Spending Limits to Appear on Portland Ballots” by Gordon Friedman for Portland Oregonian

Elections

National: “Democratic Party’s Liberal Insurgency Hits a Wall in Midwest Primaries” by David Weigel for Washington Post

Ohio: “Republican Holds Slim Lead in Ohio Special Election for House Seat” by Jonathan Martin and Alexander Burns for MSN

Ethics

National: “GOP Rep. Collins Indicted, Charged with Securities Fraud” by Kyle Cheney for Politico

National: “Trump’s D.C. Hotel, a Clubhouse for His Fans, May Also Be a 5-Star Conflict of Interest” by Ana Schecter, Rich Gardella, and Cynthia McFadden for NBC News

Florida: “The Messy Political Drama Behind a Miami-Dade Street That Could Be Cleaner” by Douglas Hanks for Miami Herald

New Mexico: “State Audit Hits LANL Coalition and Candidate Romero Over Reimbursements” by Associated Press for Albuquerque Journal

North Carolina: “Lawyers Spar Over Whether Proposed Amendments Are Misleading” by Matthew Burns and Laura Leslie for WRAL

Lobbying

Arizona: “Prosecutors Drop Bribery, Fraud Charges Against Former Utility Regulator, Others” by Howard Fischer (Capitol Media Services) for Arizona Daily Star

Campaign Finance

National: “LePage Will Release Over $1 Million in Campaign Funds” by Marina Villeneuve (Associated Press) for Raleigh News and Observer

Montana: “Billings House Candidate Insists Loan from Public Service Commissioner Wasn’t Campaign Contribution” by Matt Hudson (Billings Gazette) for Montana Standard

Elections

National: “A ‘Rainbow Wave’? 2018 Has More L.G.B.T. Candidates Than Ever” by Liam Stack and Catie Edmonson (New York Times) for MSN

National: “Kris Kobach Used Flawed Research to Defend Trump’s Voter Fraud Panel, Experts Say” by Eli Rosenberg (Washington Post) for Chicago Tribune

Ethics

National: “Where Are Retiring Congress Members Going to Work? Loopholes Let Them Job Hunt in Secret” by Bill Theobald for USA Today

Michigan: “Thanedar Discloses Ties to Radio Hosts Who Promoted Him” by Jonathan Oosting for Detroit News

Missouri: “Lawsuit Seeks to Knock Gerrymandering Issue Off Missouri’s November Ballot” by Kurt Erickson for St. Louis Post-Dispatch

Tennessee: “Ousted Tennessee Lawmaker Fights for Retirement Benefits” by Daniel Jackson for Courthouse News Service

Lobbying

National: “Former Trump Campaign Aides Set Up Foreign Lobbying Shop in Corey Lewandowski’s Townhouse” by Soo Rin Kim for ABC News

Missouri: “Slay’s Role as Lobbyist Raises Questions Over Conflict of Interest in Quest to Privatize Airport” by Melody Walker for St. Louis Public Radio

A lawsuit has been filed to remove a referendum from the Missouri ballot. On August 2, Sec. of State Jay Ashcroft certified an ethics initiative for the November general election ballot.

The proposal would limit legislative gifts from lobbyists, reduce campaign contribution limits for legislative candidates, create a two-year waiting period for public officials seeking to become lobbyists, and establish new procedures for redistricting.

The lawsuit claims the proposed referendum violates a provision of the Missouri Constitution limiting ballot measures to a single subject.

Combining multiple subjects in a single ballot measure can force voters to vote for a matter they do not support just to enact a proposal they do support.

Campaign Finance

National: “Judge’s Ruling Invalidates FEC Regulation Allowing Anonymous Donations to ‘Dark Money’ Groups” by Brent Griffiths for Politico

Elections

National: “Accused of Harassment, and Seeking Redemption at the Ballot Box” by Julie Turkewitz and Alan Blinder (New York Times) for MSN

National: “Beyond the N.R.A.: Maria Butina’s peculiar bid for Russian influence” by Matthew Rosenberg, Mike McIntire, Michael LaForgia, Andrew Kramer, and Elizabeth Dias (New York Times) for MSN

National: “President Admits Trump Tower Meeting Was Meant to Get Dirt on Clinton” by Michael Shear and Michael Schmidt (New York Times) for MSN

Ethics

Missouri: “Missouri Voters Get to Decide Medical Marijuana, Minimum Wage, Ethics Reform in Fall” by Alison Kite for Kansas City Star

New York: “What Has JCOPE Actually Done?” by Kay Dervishi for City and State

Texas: “Texas Court Revives Lawsuit to Strip Ethics Regulators of Campaign, Elections Oversight” by Lauren McGaughey for Dallas News

Lobbying

Florida: “Panel Finds ‘Probable Cause’ That Five Municipal Officials, Five Lobbyists Violated State Ethics Laws” by John Haughey for Florida Watchdog

Campaign Finance

National: Corporate Donations Are New Test for Democratic Candidates by Lisa Lerer (Associated Press) for Lowell Sun

National: Trump Legal Fund Remains Mum on Donors, Payments by Ken Doyle for Bloomberg Government

Elections

North Carolina: Arrested, Jailed and Charged with a Felony. For Voting. by Jack Healy (New York Times) for WRAL

Ethics

National: These Lame Ducks Still Fly – On the Taxpayer’s Dime – Often to Faraway Countries by Bill Theobald for USA Today

Michigan: ‘I’m Ready’: Towing titan Fiore hauled off to prison for 21 months by Tresa Baldas for Detroit Free Press

Oregon: Oregon House Speaker, Senate President Accused of Sexual Harassment Cover-up by Fellow Democrat by Gordon Friedman for Portland Oregonian

Wisconsin: Ethics Commission Picks New Administrator by The Associated Press for Wisconsin Law Journal

Lobbying

Canada: B.C. Watchdog Warns of Legal Loophole Letting Ex-Staffers Lobby Leaders by David Ball for Toronto Star

National:

As Midterm Elections Approach, a Growing Concern That the Nation Is Not Protected from Russian Interference
Washington Post – Ellen Nakashima and Craig Timberg | Published: 8/1/2018

Two years after Russia interfered in the American presidential campaign, the nation has done little to protect itself against a renewed effort to influence voters in the coming congressional midterm elections, according to lawmakers and independent analysts. They say voting systems are more secure against hackers, thanks to action at the federal and state levels, and the Russians have not targeted those systems to the degree they did in 2016. But Russian efforts to manipulate American voters through misleading social media postings are likely to have grown more sophisticated and harder to detect, and there is not a sufficiently strong government strategy to combat information warfare against the U.S.

Campaigns Enter Texting Era with a Plea: Will U Vote 4 Me 🙏??
New York Times – Kevin Roos | Published: 8/1/2018

Candidates in this year’s midterm elections are still sending mailers, putting ads on television, and knocking on doors to drum up support. But they have added a new, hard-to-ignore tool to their arsenal: personalized text messages sent to voters’ phones. When TV ads are skipped and email inboxes automatically filter out junk and promotions, it is not surprising that campaigns are desperate for a tool that can reliably get voters’ attention. What is surprising is how influential the lowly SMS text message has remained. Both Democratic and Republican campaigns are relying on mass-texting apps that take advantage of a clever legal loophole to send huge numbers of texts per day without running afoul of anti-spam laws.

Federal:

At Prayer Breakfast, Guests Seek Access to a Different Higher Power
WRAL – Kenneth Vogel and Elizabeth Dias (New York Times) | Published: 7/27/2018

The National Prayer Breakfast has long brought together people from all over the world for an agenda built around the teachings of Jesus. But the annual event has become an international influence-peddling bazaar, where foreign dignitaries, religious leaders, diplomats, and lobbyists jockey for access to the highest reaches of American power. The subculture around the breakfast was thrust into the spotlight with the indictment of Maria Butina, who was charged with conspiring to act as a Russian agent. Her goals, prosecutors said, included gaining access to the breakfast “to establish a back channel of communication” between influential Russians and Americans “to promote the political interests of the Russian Federation.”

Mueller’s Digging Exposes Culture of Foreign Lobbying and Its Big Paydays
WRAL – Mark Mazzetti and Katie Benner (New York Times) | Published: 8/1/2018

The case against Paul Manafort is part of a broader inquiry into the lucrative work done on behalf of the former president of Ukraine, Viktor Yanukovych, and special counsel Robert Mueller has handed some elements of the investigation to federal prosecutors in New York. Beyond Mueller’s office, the Justice Department has also recently been pursuing such cases with greater urgency under the Foreign Agents Registration Act and related to foreign influence operations more broadly. All of this has prompted lobbyists to hunt for advice about how to comply with laws governing that sphere. “The phone rings much more often with this question than it did two years ago,” said Tom Spulak, a partner at the King & Spalding law firm who advises on lobbying compliance.

From the States and Municipalities:

Alaska: Ethics Reform Bill Signed into Law
Cordova Times; Staff –   | Published: 7/27/2018

Alaska Gov. Bill Walker signed a bill into law that bars lobbyists from buying meals or alcoholic beverages for lawmakers. House Bill 44 also requires that when legislators vote on an issue they or their immediate family have a financial stake in they must disclose it, among other provisions.

California: Combatting Corruption: How effective is the political watchdog Jerry Brown helped create?
CALmatters – Laurel Rosenhall and Robbie Short | Published: 7/25/2018

California voters overwhelmingly approved the Political Reform Act, which also created the Fair Political Practices Commission to enforce the new ethics rules championed by Jerry Brown when he first ran for governor in 1974. Yet while Brown rose to power in the 1970s expressing a passion for cleaning up politics, he has not demonstrated the same zeal in the sunset of his career. The idealism of a young candidate has been replaced with the resignation of an experienced politician who seems to doubt how much the government can regulate human foibles.

Florida: Jack Latvala Cleared of Criminal Charges by State Prosecutor
Tampa Bay Times – Steve Bousquet, Mary Ellen Klas, and Emily Mahoney | Published: 7/26/2018

Tallahassee’s state attorney, Jack Campbell, said he could not find enough evidence to charge former Florida Sen. Jack Latvala following claims he engaged in a sex-for-vote scheme. Lobbyist Laura McLeod alleged Latvala intimated on multiple occasions if she had sex with him or let him touch her that he would lend his influential support to issues she was promoting. The Florida Department of Law Enforcement (FDLE) concluded Latvala did not unlawfully exert his influence. Campbell submitted a letter to FDLE concurring there was not enough evidence to support the claims of public corruption.

Georgia: In Georgia Governor’s Race, a Defining Moment for a Southern State
WRAL – Kevin Sack and Alan Blinder (New York Times) | Published: 7/28/2018

Georgia’s gubernatorial race between Brian Kemp and Stacey Abrams has taken on the dimensions of a defining moment, one that will determine what the state represents and how it is perceived. That voters chose these two candidates reflects how Americans are embracing politicians on the basis of culture and identity, and how Georgia’s politics are catching up with its rapid demographic change. More starkly than in most midterm campaigns, the contest between Kemp, the two-term Republican secretary of state, and Abrams, a former Democratic leader in the state Legislature, has come to mirror the polarization of the Trump era and expose the consequences of a primary system that increasingly rewards those who appeal to the fringes.

Illinois: Company Used Convicted Chicago Schools Chief in ‘Highly Unethical’ Work to Win Millions in CPS Business, Watchdog Finds
Chicago Tribune – Juan Perez Jr. | Published: 7/31/2018

A for-profit company that educates at-risk students won tens of millions of dollars from Chicago Public Schools with help from then-district Chief Executive Officer Barbara Byrd-Bennet and her co-conspirators. That “highly unethical conduct” was essential for Camelot Education to open four campuses several years ago, Inspector General Nicholas Schuler said in a report. Schuler’s office asked the Board of Education to disqualify Camelot and two unnamed company executives from future business. If the board concludes doing so would be too disruptive, Schuler recommended the board fine Camelot $6.7 million and appoint an independent monitor to review the company’s conduct for three years.

Maine: Judge Orders LePage to Release Clean Elections Cash
centralmaine.com – Scott Thistle | Published: 8/2/2018

A judge ordered Maine Gov. Paul LePage to release about $1.4 million in campaign funds for candidates running under the state’s clean elections law. The order would provide public funding for the campaigns of about 174 candidates for the Legislature and one candidate running in the governor’s race. The ruling does not affect an additional $4.8 million in clean elections funding that is tied up in a partisan dispute in the state House.

Missouri: Divided KC Council Defeats $5 Gift Proposal – ‘We’re Doing Fine’
Kansas City Star – Bill Turque | Published: 7/26/2018

The Kansas City Council voted down a bill that would limit lobbyists’ gifts and taxpayer-funded travel. The measure slashed the maximum value of gifts from $1,000 to five dollars. It restricted city-funded council and mayoral travel to two trips per four-year term, except when representing the city before the state or federal government. It also doubled from one to two years the time ex-officials must wait before lobbying the city or working as a contractor.

New York: Sheldon Silver, Ex-Assembly Speaker, Gets 7 Years in Prison for Corruption Conviction
Rochester Democrat and Chronicle – Jon Campbell | Published: 7/27/2018

Sheldon Silver, the former New York Assembly speaker who brokered legislative deals for two decades before corruption charges abruptly ended his career, was sentenced to seven years in prison. Silver’s initial conviction on the charges in 2015 was tossed out by an appeals court, but a jury once again found him guilty of taking nearly $4 million in return for legislative favors he performed for a cancer researcher and real estate developers. His sentencing comes 10 days after Dean Skelos, the former New York Senate leader, and his son, Adam, were convicted of extortion, wire fraud, and bribery at a retrial for each of them.

North Carolina
‘I Have Not Been Involved,’ NC Supreme Court Justice Says of Bill Targeting Opponent
Raleigh News and Observer – Wil Doran | Published: 7/26/2018

North Carolina legislators took another step that critics say amounted to meddling in this year’s election for a seat on the state Supreme Court. State lawmakers voted along almost entirely partisan lines, deciding that only one of the two Republicans running for the seat would have her party affiliation listed on the ballot. Republicans are worried the candidate the bill affected, Chris Anglin, is not truly a Republican but rather part of a Democratic plot to influence the election. Supreme Court Justice Barbara Jackson said she did not ask for the bill targeting Anglin. Jackson said she hardly ever speaks with legislators about anything to avoid conflicts-of-interest.

Pennsylvania: Lehigh County Pay-to-Play Law Crimps Donations from Political Candidates’ Own Parties
Allentown Morning Call – Tom Shortell | Published: 7/30/2018

Lehigh County’s “pay-to-play” law has become a factor in one of this year’s most closely watched congressional races, with one candidate’s campaign saying it has impeded fundraising. Outside groups have pumped millions of dollars into the race, which they see as a critical swing district in a fight to control Congress. But all that money flowing toward Marty Nothstein’s campaign could create complications in Lehigh County. Because Nothstein is an elected member of the county Board of Commissioners, any donations he would receive from county vendors could trigger the “pay-to-play” provisions.

Vermont: Vermont Campaign-Finance Limits Survive Appeal
Courthouse News Service – Nick Rummell | Published: 7/31/2018

An appeals court ruled Vermont does not trample the First Amendment by hinging public financing of political candidates on their adherence to certain rules. The opinion upholds the dismissal of a lawsuit by a candidate for lieutenant governor who argued his receipt of public financing should not force him to curtail expenditures and contributions from private parties. “Given the free choice to accept the grants and restrictions that public financing entails or to engage in unlimited private fundraising, candidates cannot complain that electing the former course burdens their rights,” Judge Robert Katzmann wrote.

Campaign Finance

Tennessee: “Tennessee Sued Over PAC Contributions ‘Blackout Period’ Before Elections” by Joey Garrison for The Tennessean

Vermont: “Vermont Campaign-Finance Limits Survive Appeal” by Nick Rummell for Courthouse News Service

Elections

National: “Campaigns Enter Texting Era with a Plea: Will U Vote 4 Me 🙏??” by Kevin Roos for New York Times

Washington D.C.: “The Voters Approved It. Should Lawmakers Erase the Result? In D.C., a Debate About Democracy.” by Reis Thebault for Washington Post

Ethics

Alabama: “Alabama’s ‘Beach House Sheriff’ Is Selling His Beach House” by Connor Sheets for AL.com

California: “San Diego Council Sets Up Ballot Measure to Double the Salary for Council, Mayor” by David Garrick for San Diego Union Tribune

California: “Vindicated Colonies Corruption Figure Sues San Bernardino County, DA in Federal Court for $40 Million” by Joe Nelson for San Bernardino Sun

Michigan: “Macomb Politician Gets 20 Months in Prison for Corruption” by Robert Snell for Detroit News

New York: “Ethics Commissioner Wants Option to Make Status of Probes Public” by Chris Bragg for Albany Times Union

Lobbying

National: “Mueller Refers Foreign Agent Inquiries to New York Prosecutors” by Erica Orden (CNN) for MSN

National: “Lobbying Groups Join Fight Against Sexual Harassment” by Katherine Tully-McManus for Roll Call