Campaign Finance

National: “Federal Election Commission Can’t Decide If Russian Interference Violated Law” by Peter Overby for WAMU

National: “Invitations Offer Wealthy Chinese Access to President Trump at Fundraiser” by Michelle Ye Hee Lee, Anu Narayanswamy, Emily Rauhala, and Simon Denyer (Washington Post) for San Antonio Express-News

California: “Chairwoman of California’s State Campaign Watchdog Agency Resigns Amid Power Struggle” by Patrick McGreevy for Los Angeles Times

Ethics

National: “Ivanka Trump Wins China Trademarks, Then Her Father Vows to Save ZTE” by Sui-Lee Weefor New York Times

National: “Garret to Quit Congress Amid Servant Scandal, Alcoholism” by Alex Isenstadt and John Bresnahan for Politico

Arizona: “Ex-Arizona Regulator Charged with Bribery Heads to Trial” by The Associated Press for KNAU

Missouri: “Missouri Gov. Eric Greitens Resigns, Ending Political Career Once Aimed at Presidency” by Jason Hancock and Bryan Lowry for Kansas City Star

Oklahoma: “Ethics Budget Dispute Continues with Senate Email Request” by Dale Denwat for The Oklahoman

Lobbying

National: “Former Drug Industry Lobbyist Helps Steer Trump Drug Plan” by David Pittman for Politico

Wisconsin: “Wisconsin Lawmakers Got $164,000 in Travel and Perks Last Year from Outside Groups” by Keegan Kyle and Patrick Marley for Milwaukee Journal Sentinel

Campaign Finance

National: “Who’s Behind Those Political Ads on Facebook? Now, You Can Find Out.” By Tony Romm (Washington Post) for San Antonio Express-News

Ethics

National: “Trump’s Lawyer and Chief of Staff Appear at Briefings on F.B.I.’s Russia Informant” by Nicholas Fandos and Katie Brenner (New York Times) for WRAL

National: “Ex-Aides Say Congressman and Wife Made Them His Servants” by Rachel Bade, Alex Isenstadt, and Kyle Cheney for Politico

Illinois: “Lawmaker Charging Retaliation Wants Complaint System Changes” by John O’Connor (Associated Press) for Virginian-Pilot

Michigan: “Feds: Ex-Detroit airport manager took bribes, ate evidence to cover up crime” by Tresa Baldas for Detroit Free Press

North Carolina: “She’s Charged with Stealing $926,000, but Gets a $89K Pension. A Bill May Change That” by Will Doran and Paul Specht for Raleigh News and Observer

Lobbying

National: “Why a Storied Lobbying Firm Gambled on Michael Cohen” by Theodoric Meyer for Politico

Ohio: “Payday Lenders Say Ex-Ohio House Speaker Cliff Rosenberger Threatened Them, Delayed Bill” by Jackie Borchardt for Cleveland Plain Dealer

Texas: “Farenthold to Keep $160K Job after Calhoun Port Board Deadlocks” by Jon Wilcox  for Victoria Advocate

Cryptocurrency contributions, campaign disclosure changes, and tax breaks for small business all in this weeks quick News You Can Use Video Digest.

Legislation affecting lobbying was introduced this week in both the Senate and House.

Senate Bill 2896 would require lobbyists to disclose any conviction for bribery, extortion, embezzlement, illegal kickbacks, tax evasion, fraud, conflicts of interest, making false statements, perjury, or money laundering.

A rather ambitious House bill aimed at restoring trust in Congress would impose a lifetime ban on lobbying for members.

House Bill 5946 would also prohibit members of Congress from being paid if Congress has not approved a budget on a timely basis; eliminate automatic pay adjustments; prohibit first-class airline accommodations; and prohibit House consideration of measures lacking demonstrable bipartisan support.

Federal:

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

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

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

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

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

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

From the States and Municipalities:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Elections

Alabama: “Competition Sparse in Many Alabama Legislative Districts” by Mike Cason for AL.com

Georgia: “Stacey Abrams Wins Georgia Democratic Primary for Governor, Making History” by Jonathan Martin and Alexander Burns (New York Times) for MSN

Ethics

National: “Senate Anti-Harassment Bill Could See Fast Action” by Katherine Tull-McManus for Roll Call

National: “Michael Cohen’s Business Partner Agrees to Cooperate as Part of Plea Deal” by Danny Hakim, William Rashbaum, and Vivian Wang for MSN

Massachusetts: “Galvin Disciplines Employees for Performing Political Tasks on Government Time” by Matt Stout for Boston Globe

Ohio: “Cincinnati Councilman Jeff Pastor’s Campaign: Unusual donations, loans, gifts to churches” by Sharon Coolidge for Cincinnati Enquirer

Texas: “Democratic State Rep. Ron Reynolds Likely Headed to Jail after Texas Court of Criminal Appeals Refuses to Review His Case” by Jolie McCullough for Texas Tribune

Lobbying

National: “Lobbying Firm Shuttered, but Tony Podesta’s Fate in Mueller Probe Still a Mystery” by Trish Turner for ABC News

Campaign Finance

Florida: “Florida’s Porous Campaign Finance Laws: ‘You can do almost anything’” by Gary Fineout (Associated Press) for Tampa Bay Times

Oregon: “Legislative Typo Threatens to Undermine Clean Elections Campaigns” by Kevin Miller (Portland Press Herald) for Lewiston Sun Journal

Nevada: “Sen. Dean Heller Paid Son at Least $52,500 in Campaign Cash for Social Media Consulting” by James DeHaven for Reno Gazette Journal

Ethics

Colorado: “Denver Airport Provided $400,000 in Travel to City Officials for 4 Years” by Ben Marcus (Colorado Public Radio) for Denver Post

New York: “N.Y. Developer Pleads Guilty Ahead of ‘Buffalo Billion’ Corruption Trial” by Brendan Pierson for Reuters

Texas: “Disgraced Ex-Rep. Blake Farenthold Illegally Hired to New Lobbying Job, Lawsuit Claims” by William Cummings for USA Today

Lobbying

National: “Professor Convicted of Vandalizing NRA Lobbyist’s Home with Fake Blood” by Rachel Weiner (Washington Post) for Syracuse Post-Standard

National: “Washington Lobbyists Put on Notice Over Foreign Agent Law” by Chad Day and Eric Tucker for Associated Press

National: “The Princes, the President and the Fortune Seekers” by Desmond Butler and Tom LoBianco (Associated Press) for Seattle Times

Elections

National: “Trump Jr. and Other Aides Met with Gulf Emissary Offering Help to Win Election” by Mark Mazzetti, Ronen Bergman, and David Kilpatrick (New York Times) for MSN

National: “Justice Department Calls for Inquiry after Trump Demands Probe into Whether FBI ‘Infiltrated or Surveilled’ His Campaign” by Matt Zapotosky, Robert Costa, and David Nakamura (Washington Post) for MSN

National: “Blankenship to Run Third-Party Senate Campaign after Losing GOP Primary” by Ben Kamisar for The Hill

Ethics

National: “#MeToo Leader, also a California Lawmaker, Disciplined for Sexual Harassment” by John Myers (Tribune News Service) for Governing

Missouri: “Now What? Greitens Special Session Underway as House Intensifies Investigation” by Jack Suntrup for St. Louis Post-Dispatch

Tennessee: “Diane Black Took Flight on Private Plane Linked to Company That Benefited from Her Politicking” by Joel Ebert and Dave Boucher for The Tennessean

Lobbying

Louisiana: “New Orleans City Council to Investigate Entergy for Paying Actors to Lobby for Power Plant” by Beau Evans for New Orleans Times-Picayune

Missouri: “Missouri Lawmakers Can Keep Accepting Lobbyist Gifts After Failing to Pass Amendment” by Allison Kite and Jason Hancock for Kansas City Star

Campaign Finance

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

Ethics

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

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

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

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

Legislative Issues

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

Lobbying

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

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

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

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

National:

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

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

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

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

Federal:

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

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

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

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

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

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

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

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

From the States and Municipalities:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Campaign Finance

Missouri: “‘Shell Companies’ Gave Money to Gov. Eric Greitens’ Campaign: Memo released by lawmakers” by Will Schmidt for Springfield News-Leader

Elections

National: “A Secret Mission, a Code Name and Anxiety: Inside the early days of the F.B.I.’s Trump investigation” by Matt Apuzzo, Adam Goldman, and Nicholas Fandos (New York Times) for MSN

Ethics

National: “Thousands of Pages of Congressional Testimony Shed Light on 2016 Trump Tower Meeting” by Rosalind Helderman and Karoun Demirjian (Washington Post) for MSN

National: “Trump Discloses Payment to Cohen in Financial Report” by Steve Eder, Eric Lipton, and Ben Protess (New York Times) for Seattle Times

National: “Obama Ethics Chief Accuses Trump of Violating Emoluments Clause: ‘See you in court Mr. Trump’” by Avery Anapol for The Hill

National: “Top Novartis Lawyer Exits Over Trump Attorney Deal Error” by John Miller for Reuters

National: “Federal Judge Rejects Manafort’s Bid to Dismiss Mueller Indictment” by Josh Gerstein for Politico

Maryland: “Mayor Pugh Seeks Broad Ethics Exemption to Raise Private Money to Fund Baltimore Programs” by Ian Duncan for Baltimore Sun

Ohio: “Ex-Councilman Joe Cimperman on His Corruption Sentence: ‘This isn’t who I wanted to be’” by Cory Shaffer for Cleveland Plain Dealer

Lobbying

Florida: “Lobbyist Ron Book Tends to Get His Way in Miami-Dade, but This Time It’s a No.” by Douglas Hanks for Miami Herald

Campaign Finance

National: “Politicos Beware: Court ruling could prompt more transparent campaign spending” by Carrie Levine for Center for Public Integrity

Missouri: “Critics Say Governor’s Race Shows Need for Campaign Finance Reform” by Sarah Zimmerman (Associated Press) for St. Louis Post-Dispatch

Ethics

National: “Trump, Schneiderman, Greitens and the Changing Shape of Sex Scandals” by Marc Fisher (Washington Post) for Chicago Tribune

Alaska: “Legislature Will Boot Ballot Measure If Governor Signs ‘Government Accountability’ Bill” by James Brooks for Juneau Empire

Maryland: “Baltimore Police Commissioner De Sousa Has Not Filed Some Mandatory Ethics Forms” by Ian Duncan for Baltimore Sun

New York: “Jury Finds Silver Guilty” by Benjamin Weiser (New York Times) for Albany Times Union

Oklahoma: “Oklahoma Ethics Commission Votes to Sue Over Budget” by Nolan Clay for The Oklahoman

Lobbying

National: “Cohen Referred Client with Kushner Ties to Lobbying Firm” by Megan Wilson for The Hill

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

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

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

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