The city of San Jose is transitioning to an electronic system for filing weekly lobbyist reports.

To file weekly reports, a lobbyist must register to create an account on the Weekly Lobbyist Reporting Form portal at the city clerk’s website.

The prior weekly reporting form will be available on the clerk’s website until March 12.

Fines for failure to file a weekly report or filing a weekly report late will not be assessed until July 1, 2018.

Campaign Finance

Texas: “Talk About Big Bucks: Deer semen donations are fueling South Texas campaign” by Jackie Wang for Dallas News

Ethics

Colorado: “Colorado Rep. Steve Lebsock Is Expelled Following Harassment Complaints from Five Women” by Brian Eason and Jesse Paul for Denver Post

Kentucky: “Company Tied to Gov. Matt Bevin Gets $400K Through State’s ‘Angel Investment’ Program” by Tom Loftus for Lousivelle Courier-Journal

Maryland: “Current, Former Md. Lawmakers Accused of Inappropriately Touching Women in Annapolis” by Ovetta Wiggins for Washington Post

Michigan: “Sen. Bert Johnson Pleads Guilty, Resigns” by Robert Snell for Detroit News

Lobbying

Federal: “Companies Court Lawmakers with Charitable Giving, but Don’t Always Disclose the Funds” by Carrie Levine for Center for Public Integrity

Florida: “Florida Democrat Demands Probe of NRA Lobbyist Marion Hammer’s Influence” by News Service of Florida for Orlando Sentinel

West Virginia: “Armstead: Investigation underway after lobbyist used access card to enter Capitol” by Jake Zuckerman for Charleston Gazette-Mail

Campaign Finance

National: “Provisions Attached to Budget Bills Could Reshape Campaign Finance Laws” by Michelle Ye Hee Lee for Washington Post

California: “Individual Campaign Contribution Limits Upped to $1,500 for Top Spots in City Elections, Per Annual Adjustment” by the Staff for Los Feliz Ledger

Missouri: “Missouri Attorney General Announces Probe into Greitens’ Former Charity” by Jack Suntrup for St. Louis Post-Dispatch

Ethics

Florida: “What Happened to Florida’s #MeToo Moment? As Spotlight Shifted, the Bills All but Died” by Mary Ellen Klas (Miami Herald) for Tampa Bay Times

Maryland: “Former Maryland Lawmaker Guilty of Taking Cash Bribes for His Vote on Liquor Law” by Lynh Bui for Washington Post

Pennsylvania: “Allentown Mayor Ed Pawlowski Guilty on Most Charges in Pay-to-Play Trial; Must Leave Office” by Peter Hall, Emily Opilo, and Daniel Patrick Sheehan for Allentown Morning Call

Lobbying

National: “The NRA Has a Secret Weapon to Fight Gun Control: A powerful app” by Joshua Green for Bloomberg.com

National: “Companies, Nonprofits Put Brakes on Foreign Lobbying Bills” by Kate Ackley for Roll Call

On March 1, a bill was introduced in the U.S. Senate to amend the Foreign Agents Registration Act (FARA).

Included in the bipartisan bill, the Foreign Agents Registration Amendments Act, are the creation of an enforcement unit in the National Security Division and updates to civil and criminal enforcement procedures. The legislation also creates a definition for the term ‘‘operative of a foreign government.”

Additionally, the bill would call for self-identification of registered individuals when meeting with members of congress or their staff.

Specifically, the bill states, “It shall be unlawful for any agent of a foreign principal registered under [FARA] to fail to disclose before or during any meeting with a member of Congress or staff of a member of Congress that the agent has registered under [FARA].’’

The bill was introduced by Republican Senators Todd Young and John Cornyn and Democratic Senators Dianne Feinstein and Jeanne Shaheen.

A packed week of campaign finance, lobbying, elections and ethics news coming to you in this edition of NYCU Video Digest!

National:

The True Source of the N.R.A.’s Clout: Mobilization, not donations
MSN – Eric Lipton and Alexander Burns (New York Times) | Published: 2/24/2018

To many of its opponents, a long string of victories is proof the National Rifle Association (NRA) has bought its political support through campaign contributions. But the numbers tell a more complicated story. In states across the country, as well as on Capitol Hill, the NRA derives its political influence instead from a powerful electioneering machine, fueled by tens of millions of dollars’ worth of campaign ads and voter-guide mailings, that scrutinizes candidates for their views on guns and propels members to the polls. The NRA’s impact comes, in large part, from the simplicity of the incentives it presents to candidates: letter grades, based on their record on the Second Amendment, that guide the NRA’s involvement in elections.

Federal:

How Skadden, the Giant Law Firm, Got Entangled in the Mueller Investigation
New York Times – Kenneth Vogel and Matthew Goldstein | Published: 2/24/2018

When one of its former lawyers, Alex van der Zwaan, admitted lying to the special counsel investigating Russian election interference, it exposed a profitable line of business that Skadden, Arps, Slate, Meagher & Flom mostly keeps quiet: its work for unsavory foreign figures and their Washington, D.C. lobbyists. Robert Mueller’s team has scrutinized Skadden for its own work for the former president of Ukraine, Viktor Yanukovych, and its role advising two other K Street firms paid to bolster his government, Mercury Public Affairs and the Podesta Group. Rick Gates, the onetime deputy campaign chairperson for Donald Trump, has admitted he knowingly misled Skadden in a scheme to avoid complying with the Foreign Agents Registration Act over his work for Ukraine.

Kushner’s Business Got Loans After White House Meetings
MSN – Jesse Drucker, Kate Kelly, and Ben Protess (New York Times) | Published: 2/28/2018

Two companies made loans worth more than $500 million to Jared Kushner’s family real estate firm after executives met with Kushner at the White House. Kushner is a White House senior adviser and the son-in-law of President Donald Trump. The New York Times reported that private equity firm Apollo Global Management lent $184 million to Kushner Cos., and Citigroup lent Kushner Cos. and one of its partners $325 million. There is little precedent for a top White House official meeting with executives of companies as they contemplate sizable loans to his business, say ethics experts. “This is exactly why senior government officials, for as long back as I have any experience, don’t maintain any active outside business interests,” said Don Fox, a former acting director of the Office of Government Ethics.

From the States and Municipalities:

Alabama – Ethics Reforms on Hold; Panel Will Study Issues for Next Year
AL.com – Mike Cason | Published: 3/1/2018

A bill introduced recently would make dozens of changes to Alabama’s ethics law. But legislators will not vote on that bill this year. Instead, it will provide a framework for a newly created Ethics Clarification and Reform Commission. State Attorney General Steve Marshall said individuals and businesses affected by the ethics law have asked that certain parts of it be made clearer, and there is also an effort to tighten the law. “We’ve identified, along with the Ethics Commission, certain areas that may be loopholes or holes in the law that we need to be able to close,” Marshall said.

Arizona – Debbie Lesko Accused of Moving $50K from Campaign to a PAC That Backs … Lesko
Arizona Republic – Ronald Hanson | Published: 2/21/2018

Congressional candidate Debbie Lesko steered $50,000 from her Arizona Senate campaign to a federal PAC that has supported her, a move one of Lesko’s opponents claimed is illegal. Lesko’s campaign committee, Re-elect Debbie Lesko for Senate, gave $50,000 to Conservative Leadership for Arizona, a federal PAC authorized to spend independently of other campaigns. It was created eight days before taking the money from Lesko’s state campaign committee. The new PAC raised almost no other cash, records show. And the PAC used the money to support Lesko with yard signs, while her congressional campaign spent heavily on television ads.

California – A Tiny City with Huge Problems, Maywood Faces Its Biggest Scandal Yet
Los Angeles Times – Ruben Vives and Adam Elmahrek | Published: 2/26/2018

A Los Angeles County investigation into possible corruption in Maywood has set its sights on a broad swath that includes four current and former council members, 13 companies, five current and former city administrators, and one activist who dresses up as a clown. A search warrant suggests the wide-ranging investigation dovetails with the suspicion many Maywood residents have had about politics in the city for years. Maywood is one of Southern California’s smallest and most densely packed cities. But for its tiny size, it has suffered oversized problems for more than a decade.

Illinois – Cook County Assessor Berrios Goes to Court to Keep Property Tax Lawyers’ Campaign Contributions Flowing
Chicago Tribune – Hal Dardick and Jason Grotto | Published: 2/28/2018

Cook County Assessor Joe Berrios asked a judge to void county ethics rules that place limits on campaign contributions to elected officials and candidates from those who seek “official action” from the county. Lawyers for Berrios’ argued the county rules violate the state constitution because only the Illinois Legislature has authority to set campaign contribution limits. The county, however, maintained it has the power to set its own, more-restrictive limits on campaign money to avoid quid pro quo politics. Since October, Berrios has collected more than $276,000 from those attorneys, about four-fifths of what he has received in individual contributions during that time.

Missouri – Missouri Gov. Eric Greitens Indicted for Felony Invasion of Privacy
St. Louis Post-Dispatch – Kevin McDermott and Robert Patrick | Published: 2/23/2018

Missouri Gov. Eric Greitens was indicted on a felony invasion of privacy charge. He was accused of photographing a nude or partially nude person without the person’s knowledge or consent. The indictment said Greitens then transmitted the photo in a way that allowed it to be viewed on a computer, which prosecutors said made the crime a felony rather than a misdemeanor. The charge comes weeks after the governor acknowledged having an extramarital affair in 2015, but denied reports he blackmailed the woman or took a nude photo of her without permission. Greitens, who has been governor for just over a year, has resisted calls to resign, insisting he did nothing illegal.

New York – In Spite of Executive Order, Cuomo Takes Campaign Money from State Appointees
New York Times – Shane Goldmacher, Brian Rosenthal, and Augustin Armendariz | Published: 2/24/2018

New York Gov. Andrew Cuomo has accepted donations for his re-election campaign from his own political appointees. The New York Times reports Cuomo has taken nearly $900,000 from two dozen of his appointees since taking office, as well as at least $1.3 million from spouses, children, and businesses of the appointees. The contributions come despite an executive order signed by former Gov. Eliot Spitzer banning campaign donations from most political appointees in the state. Cuomo renewed that order when he entered office. But Cuomo has reinterpreted the directive to only apply to contributions from appointees who could be fired at any time by the governor, as opposed to those appointed to set terms in office.

Oklahoma – Step Up Campaign Highlights Gap in State Disclosure Laws
Ada News – Paul Monies and Trevor Browen (Oklahoma Watch) | Published: 2/25/2018

The plan by Step Up Oklahoma to raise taxes on cigarettes, fuel, and energy failed to pass, but it highlighted a gap in state law that keeps much of the funding and spending on both sides of the issue a secret. Step Up Oklahoma, which billed itself as a grassroots coalition of business and civic groups, bought or enabled television and radio ads, robo-calls, mailers, endorsements, one-to-one outreach, and the deployment of registered lobbyists of supporting companies. Although disclosure of sources and amounts of money spent are typically required when groups directly try to influence the election of candidates and votes on ballot questions, little must be disclosed when a group or business tries to influence legislation.

Oregon – Receiving a Blanket Posed Ethical Quandary for Oregon Senator
Portland Oregonian – Andrew Selsky (Associated Press) | Published: 2/27/2018

Ted Ferrioli, the Senate Republican leader in Oregon until he stepped down in January, was presented with a beautiful wool blanket by leaders of Indian tribes as a parting gift, causing an ethical dilemma. Struggling over what to do with a blanket with a price tag of $249 shows how many public servants try to walk a fine line on gift laws. And it illustrates the scope of issues the Oregon Government Ethics Commission and its staff are tasked with dealing with.

Rhode Island – Facing Threat of Expulsion, Sen. Kettle Quits
Providence Journal – Katherine Gregg and Patrick Anderson | Published: 2/22/2018

A Rhode Island senator facing charges that accuse him of extorting a teenage page for sex has resigned. The move comes a day after Senate leaders took the extraordinary step of introducing a resolution to expel Nicholas Kettle, the Senate’s minority whip. No Rhode Island lawmaker has been expelled since the state constitution went into effect in 1843. Kettle was arrested and charged with extorting a male page for sex on two occasions in 2011 and with video voyeurism that involved trading nude photographs of his ex-girlfriend and a New Hampshire woman taken without their consent. The page would have been 16 or 17 years old at the time of the alleged extortion.

West Virginia – Coal Country Divides Over an Unrepentant Boss’s Senate Bid
New York Times – Trip Gabriel | Published: 2/26/2018

When mining company owner Don Blankenship finished his one-year prison sentence for conspiracy to violate safety laws, rather than express remorse or contrition over the explosion in the Upper Big Branch coal mine that killed 29 men in 2010, he announced a run for the U.S. Senate. His return to the public eye has reawakened painful memories in West Virginia, especially for relatives of the disaster’s victims. At one of Blankenship’s meet-and-greet events with voters, protesters held signs saying: “You must be joking.” But in the coal fields, many people do not think his candidacy is a joke. Blankenship has found support there for his claim to be a victim himself, pursued unfairly by federal prosecutors and mine safety inspectors.

West Virginia – Justice Company Rep Has Unique Access to Capitol Among Lobbyists
Charleston Gazette-Mail – Jake Zuckerman | Published: 2/24/2018

Among the more than 100 registered lobbyists in West Virginia, only Larry Puccio has an electronic access card to the Capitol. Puccio represents The Greenbrier resort and Southern Coal Corp., both of which are owned by Gov. Jim Justice. The card grants access to doors not open to the general public and can be used to avoid sometimes-lengthy security lines at the public entrances. House Bill 2965 would allow any person to apply for an electronic access card to the Capitol complex, which would cost $250 for people who are not state employees.

Wisconsin – State Elections Commission Chief Stepping Down Amid Criticism from Republicans
Milwaukee Journal Sentinel – Jason Stein | Published: 2/27/2018

Wisconsin’s top elections official, Michael Haas, says he will not continue in that role, ending a showdown between the state Elections Commission, which backed Haas, and Senate Republicans who demanded his ouster. Haas said he plans to keep working temporarily at the commission as an attorney, but intends to eventually leave to pursue other opportunities. The Wisconsin Ethics Commission voted to name ethics specialist Colette Reinke as the interim replacement for former Administrator Brian Bell, who also resigned after the Senate rejected his confirmation. Reinke will serve for 90 days and not apply for the permanent job.

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

Ethics

National: “Labor Board’s Do-Over Leaves an Obama-Era Rule Intact” by Noam Scheiber for New York Times

National: “‘I Do Like 3 Meetings a Day on That’: HUD official complained about effort to redecorate Carson’s office” by Jack Gillium and Juliet Eilperin for Washington Post

National: “White House Communications Director Hope Hicks to Resign” by Philip Parker and Ashley Parker for Washington Post

California: “A Tiny City with Huge Problems, Maywood Faces Its Biggest Scandal Yet” by Ruben Vives and Adam Elmahrek for Los Angeles Times

Colorado: “Colorado Rep. Steve Lebsock Faces Expulsion after 11 Sexual Harassment Allegations Against Him Are Deemed Credible” by John Frank and Jessie Paul for Denver Post

South Carolina: “In Angry Hearing, Special Prosecutor Asks Judge in Quinn Case to Quit” by John Monk for The State

Wisconsin: “State Elections Commission Chief Stepping Down Amid Criticism from Republicans” by Jason Stein for Milwaukee Journal Sentinel

Lobbying

National: “Exiting Trump Officials Get Tepid Response on Job Market” by Megan Wilson for The Hill

National: “Mercury Registers to Lobby for Turkish Group Linked to Flynn” by Theodoric Meyer for Politico

Virginia: “Female Lobbyist Calls Out Sexual Misconduct at Statehouse” by Marina Villeneuve (Associated Press) for Virginian-Pilot

The Georgia House of Representatives unanimously voted today to require lobbyists to sign an annual statement agreeing to abide by the General Assembly’s sexual harassment policy.

House Bill 973 would make signing this statement a condition to lobbyist registration, and violations of the policy would be grounds for sanctions.

The bill has not yet been assigned a committee in the Senate.

Sen. Del Marsh introduced an 119 page bill revising the Alabama Ethics Act.

Senate Bill 343 amends several definitions, including but not limited to, de minimus, lobbyist, principal, and thing of value. The bill would allow caucuses to solicit or receive meals and beverages from a lobbyist or principal.

Additionally, the bill would authorize the creation of a legal defense fund for a public official or public employee being investigated for a violation of ethics laws.

Campaign Finance

National: “Behind a Key Anti-Labor Case, a Web of Conservative Donors” by Noam Scheiber and Kenneth Vogel for New York Times

Elections

National: “The True Source of the N.R.A.’s Clout: Mobilization, not donations” by Eric Lipton and Alexander Burns for New York Times

National: “Coal Country Divides Over an Unrepentant Boss’s Senate Bid” by Trip Gabriel for New York Times

Ethics

Alabama: “Senate Bill Backed by AG Would Revise Alabama Ethics Laws” by Brian Lyman for Montgomery Advertiser

Maryland: “Maryland Senate Leader Strips Baltimore Sen. Nathaniel Oaks of Committee Jobs” by Erin Cox for Baltimore Sun

Missouri: “Missouri House Leader Names Committee to Investigate Greitens” by Jason Hancock for Kansas City Star

Oregon: “Receiving a Blanket Posed Ethical Quandary for Oregon Senator” by Andrew Selsky (Associated Press) for Portland Oregonian

Rhode Island: “Facing Threat of Expulsion, Sen. Kettle Quits” by Katherine Gregg and Patrick Anderson for Providence Journal

Lobbying

National: “European Ex-Officials Deny Being Paid by Manafort to Lobby for Ukraine” by Steven Erlanger and Jason Horowitz for New York Times

Oklahoma: “Step Up Campaign Highlights Gap in State Disclosure Laws” by Paul Monies and Trevor Browen (Oklahoma Watch) for Ada News

Campaign Finance

California: “L.A. Developer Is Charged with Making Illegal Campaign Donations” by David Zahniser and Emily Alpert Reyes for Los Angeles Times

Nebraska: “Proposal Would Tighten How Candidates Spend Unused Campaign Donations” by Chris Dunker for Lincoln Journal Star

New York: “In Spite of Executive Order, Cuomo Takes Campaign Money from State Appointees” by Shane Goldmacher, Brian Rosenthal, and Augustin Armendariz for New York Times

Ethics

National: “Former Trump Campaign Official Rick Gates Pleads Guilty to 2 Charges” by Devlin Barrett and Spencer Hsu (Washington Post) for Denver Post

Maryland: “Baltimore County School Board Says Verletta White Violated Ethics Rules” by Liz Bowie for Baltimore Sun

Utah: “Critics Question Utah Lawmakers’ Changes to Ethics Panel” by Michelle Price (Associated Press) for KSL

Virginia: “Va. Lawmakers’ Conflict-of-Interest Forms Won’t Be Public Until They Leave Town” by Patrick Wilson for Richmond Times Dispatch

Lobbying

National: “How Skadden, the Giant Law Firm, Got Entangled in the Mueller Investigation” by Kenneth Vogel and Matthew Goldstein for New York Times

West Virginia: “Justice Company Rep Has Unique Access to Capitol Among Lobbyists” by Jake Zuckerman for Charleston Gazette-Mail

Campaign Finance

Arizona: Debbie Lesko Accused of Moving $50K from Campaign to a PAC That Backs … Lesko by Ronald Hanson for Arizona Republic

Tennessee: Complaints Question Harwell’s PAC Help, $3.1m Self-Loan by Jonathan Matisse (Associated Press) for Raleigh News and Observer

Elections

National: Citing Costs, Some GOP Governors Refuse to Hold Special Elections by Alan Greenblatt for Governing

Ethics

California: California Senator Resigns Amid Harassment Allegations by Taryn Luna for Sacramento Bee

Rhode Island: R.I. Senate President Introduces Resolution to Expel Member Accused of Extorting Sex, Video Voyeurism by Katherine Gregg and Patrick Anderson for Providence Journal

Texas: Prosecutors Reviewing Complaint Against Empower Texans Over Attack Ad Resembling Government Notice by Jay Root for Texas Tribune

Lobbying

Missouri: Gov. Greitens Indicted for Felony Invasion of Privacy Stemming from Affair by Jason Hancock, Bryan Lowry, and Lindsay Wise for Kansas City Star

Texas: Murphy’s Contract Raises Eyebrows, Questions: Is he lobbying? by Steve Miller for Texas Monitor

National:

Sexual Misconduct Spurs New Elections: The #MeToo race
New York Times – Trip Gabriel and Jess Bidgood | Published: 2/20/2018

Allegations of sexual misconduct led to resignations by nearly a dozen state and federal lawmakers in recent months, setting off a flurry of special elections around the country to fill seats suddenly left open by the #MeToo reckoning. Yet the candidates running to replace these disgraced men, many of whom are women, are hesitating to put sexual harassment front and center as an issue in their campaigns. In at least eight state legislative and two congressional races, including special elections in Minnesota and Oklahoma that were held recently, the subject has rarely been mentioned in advertisements, rallies, or when knocking on doors.

State Officials Say They Are Told Too Little About Election Threats
New York Times – Michael Wines | Published: 2/19/2018

State elections officials said they want more information from federal officials to ensure they are protected from cybersecurity threats in light of evidence that foreign operatives plan to try to interfere in the midterm elections. At a conference of secretaries of state, several officials said the government was slow to share information about specific threats faced by states during the 2016 election. According to the Department of Homeland Security, Russian government hackers tried to gain access to voter registration files or public election sites in 21 states. Although the hackers are not believed to have manipulated or removed data from state systems, experts worry that the attackers might be more successful this year.

With Grief and Hope, Florida Students Take Gun Control Fight on the Road
New York Times – Brendan Farrington, Josh Replogle, and Tamara Lush (Associated Press) | Published: 2/21/2018

Students in the vanguard of protests are giving gun-safety advocates fresh hope that the violence at Marjory Stoneman Douglas High School, and the widespread response to it among youths, could create new momentum across the country to enact restrictions on firearms. But these students are also attracting political attacks from advocates for gun rights. And established groups, demoralized after a string of shootings that have prompted no political response, are aware of how quickly such a moment can fade. For now, however, there is momentum on the issue.

Federal:

K Street Reinvents Itself in the Era of Trump
Roll Call – Kate Ackley | Published: 2/15/2018

Political upheaval, partisan stalemate on Capitol Hill, and technological innovations have all disrupted and transformed the $4 billion-a-year federal lobbying business. But the Donald Trump presidency, the GOP-controlled Congress, and a resulting surge of grassroots resistance have catapulted the lobbying sector into uncertain, though still lucrative, terrain. Lobbyists increasingly are adapting their methods to harness the power of social media campaigns amid the president’s atypical style of governing, which often includes policy proclamations via tweet. Trump’s administration has intensified changes to the lobbying industry that were underway well before he launched his run for office.

From the States and Municipalities:

Arizona – Kelli Ward Touts Endorsement from Fake-News Site
Politico – Jason Schwartz and Shawn Musgrave | Published: 2/15/2018

Kelli Ward posted a link on her campaign website and blasted out a Facebook post, quoting extensively from a column in the Arizona Monitor that endorsed her to replace U.S. Sen. Jeff Flake. But despite its reputable sounding name, the Arizona Monitor is not a real news site. It is an anonymous, pro-Ward blog. The site launched just a few weeks before publishing the endorsement. It seems to be part of a growing trend of conservative political-messaging sites with names that mimic those of mainstream news organizations, and whose favored candidates then tout their stories and endorsements as if they were from independent journalists.

Delaware – Lobbyists No Longer Have a Dedicated Room in Legislative Hall
Wilmington News Journal – Scott Gross | Published: 2/15/2018

State Senate President Pro Tempore David McBride said he has given up on his hope that Delaware’s 300-plus registered lobbyists would hang out in a conference room rather than the hallways of the Capitol. The door to the second-floor room was closed and locked for the first time since McBride first invited lobbyists to use the space in January. At the time, he dismissed questions about the optics of providing a dedicated space for professional lobbyists, noting reporters have long used a room in the basement of Legislative Hall.

District of Columbia – D.C. Public Schools Leader to Resign After Skirting School Assignment Rules
Washington Post – Perry Stein, Peter Jamison, and Fenit Nirappil | Published: 2/20/2018

Antwan Wilson, chancellor of the District of Columbia’s public schools, resigned after it was revealed he skirted the city’s competitive lottery system so his daughter could transfer to a high-performing school. Wilson had overhauled lottery system rules months before he broke them to benefit his daughter. Parents and politicians said Wilson had forfeited the public’s trust. His departure delivers a political blow to Mayor Muriel Bowser, whose selection of Wilson was one of the most important and high-profile appointments of her tenure.

New York – Citizens United Can’t Hide Donor Lists from NY
Courthouse News Service – Nick Rummell | Published: 2/15/2018

New York may require the public disclosure of donors who give more than $5,000 to nonprofits in the state, an appeals court said. Citizens United sued New York in 2014, saying the rule infringed upon its First Amendment rights and its donors could face public backlash if their support was disclosed. The appeals court upheld a lower-court ruling saying the regulations are “substantially related to the important interest in keeping non-profit organizations honest” and do not wrongly “chill the speech” of Citizens United or its donors.

New York – How Albany Really Works: Cuomo loyalist exposes pay-to-play culture
New York Times – Shane Goldmacher | Published: 2/16/2018

Former lobbyist Todd Howe testified for two weeks in a corruption trail that has rocked Albany. The story that Howe has unfurled included tales of six-figure campaign contributions to New York Gov. Andrew Cuomo, made from a company with business before the state, that were purposefully divided up to hide their origin. There were private plane trips, courtesy of Howe’s clients, for Cuomo days before his first election – as well as a deep-sea fishing expedition for his campaign manager. Joseph Percoco, formerly one of Cuomo’s most-trusted aides, is on trial, along with three co-conspirators in two bribery and corruption schemes. Cuomo has not been accused of any wrongdoing, but the courtroom drama has served as a stinging indictment of Albany as a city where money talks and Cuomo administration officials have listened.

North Carolina – Conspiracy Theories, Criminal Investigations Plentiful in NC Bail Bonds World
WRAL – Travis Fain | Published: 2/17/2018

Attorney Mark Bibbs and a pair of clients in the bail industry have been indicted, accused of lobbying the North Carolina Legislature without filing the proper paperwork and covering it up. The secretary of state’s office and the Wake County district attorney say Bibbs falsified records to make lobbying payments look like legal fees and the clients cooperated in the scheme. Some Democrats have suggested House Speaker Tim Moore tried to interfere in Secretary of State Elaine Marshal’s investigation of Bibbs; Moore and Bibbs are close friends. Republicans also passed legislation to move lobbying enforcement out of Marshall’s office as part of broader reforms. The secretary of state’s office sent legislative leadership a letter, pointing to the indictments as a reason to leave lobbying enforcement with the office instead of shifting it to the state’s new Board of Elections & Ethics Enforcement as planned.

Oregon – John Kitzhaber Could Face Up to $50,000 in Fines for Ethics Violations
Portland Oregonian – Hillary Borrud | Published: 2/17/2018

The Oregon Government Ethics Commission said former Gov. John Kitzhaber violated state laws against conflicts-of-interest, misused his office for financial gain, and improperly received a gift. The scandal ended Kitzhaber’s long political career. He resigned in 2015 just over a month into his fourth term amid accusations of influence peddling involving his fiancée, Cylvia Hayes. In January, the commission found Hayes violated a law against public officials misusing their public positions for personal financial gain. Kitzhaber has 21 days after being formally notified of the vote to say whether he will contest the ruling. The maximum fine for each violation is $5,000, meaning the commission could penalize Kitzhaber up to a total of $50,000.

Pennsylvania – Pa. Supreme Court Releases New Congressional Map
Pittsburghh Post-Gazette – Jonathan Lai and Liz Navratil | Published: 2/19/2018

The Pennsylvania Supreme Court released a new congressional map after the previous district lines were found to be a result of unconstitutional gerrymandering from Republicans. The new map is set to go into effect in time for the state’s May 15 primaries. It leaves voters, current representatives, and potential candidates with little time to figure out their districting before the deadline hits for those running in elections to declare their candidacy. Republicans are expected to challenge the decision from the Supreme Court, saying only lawmakers and governors hold the authority to redraw congressional maps, rather than the courts.

South Carolina – After Quinn’s Probation, Shock, Dismay, Joy and Wondering: What’s next?
The State – John Monk | Published: 2/16/2018

Watchdogs say it is sad that years of accusations against South Carolina Rep. Rick Quinn and his father’s consulting business ended with such a whimper. Beyond two years of probation, Rick Quinn was sentenced to community service and a fine of $1,000 after pleading guilty to one misdemeanor count of misconduct in office. Under a package deal, all charges were dropped against his father, Richard Quinn. His consulting firm instead pleaded guilty to failing to register as a lobbyist. “This slap is near the wrist but not even on it,” said John Freeman, the University of South Carolina law school’s professor emeritus on professional ethics.

South Carolina – S.C. Lawmakers Call for Law Enforcement Probe of Bogus Pro-Utility Emails
Charleston Post and Courier – Andrew Brown | Published: 2/19/2018

South Carolina lawmakers have received a barrage of form emails from constituents in recent days urging them to avoid passing laws they say could defeat a proposed sale of SCANA Corp. to Dominion Energy. But some of the people who supposedly sent the emails say they were impersonated. It is unclear who is behind the fraudulent emails as Dominion, SCANA, and the outside group that crafted the messages say they do not know why they are being sent from South Carolina residents without their knowledge. Law enforcement officials are likely to open an investigation into the matter.

Tennessee – How $225,000 Can Help Secure a Pollution Loophole at Trump’s E.P.A.
New York Times – Eric Lipton | Published: 2/15/2018

The big rigs sold by the Fitzgerald family’s truck dealership in central Tennessee are equipped with rebuilt diesel engines that do not need to comply with rules on modern emissions controls. That makes them cheaper to operate, but means they emit up to 55 times the air pollution of other new trucks. The special treatment is made possible by a loophole in federal law that the Obama administration tried to close, and the Trump administration is now championing. The survival of this loophole is a story of money, politics, and suspected academic misconduct, and has been facilitated by Scott Pruitt, the administrator of the Environmental Protection Agency, who has staked out positions in environmental fights that benefit the Trump administration’s corporate backers.

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

In the 2018 regularly scheduled legislative session, the Utah Legislature has introduced a handful of bills modifying the Lobbyist Disclosure and Regulation Act.

Following a trend in state legislatures, House Bill 110 requires lobbyists to take an annual training course on unlawful harassment and creates a penalty requiring fines and revocation if the training is not completed in the prescribed amount of time.

Additionally, House Bill 20 exempts from the definition of reportable expenditures food or beverage provided to a public official at an event, tour, or meeting when the public official is giving a speech, participating in a panel discussion, or presenting or receiving an award at the event, tour, or meeting.

Lastly, House Bill 206 exempts from the expenditure provisions of the Lobbyist Disclosure and Regulation Act a gift received by a public official on behalf of the state and establishes provisions for the retention or disposal of a gift that a public official accepts on behalf of the state.