Lobbying

Missouri: “Limit on Lobbyist Gifts Clears Missouri Senate Committee” by Jason Hancock for Kansas City Star

Campaign Finance

California: “Anti-Pot Group Faces Campaign Finance Violations from Its Work Opposing Marijuana Legalization in California” by Patrick McGreevy for Los Angeles Times

New York: “Investigations into De Blasio Spurred City Reform, Renewed Calls for State Changes” by Samar Khurshid for Gotham Gazette

Ethics

“Secret A.T.F. Account Paid for $21,000 Nascar Suite and Las Vegas Trip” by Matt Apuzzo for New York Times

Michigan: “Michigan Sen. Bert Johnson Indicted by Grand Jury” by Paul Egan and Kathleen Gray for Detroit Free Press

South Carolina: “New SC Ethics Law Does Not Go Far Enough, Critics Say” by Avery Wilks for The State

Elections

Texas: “Federal Judge Says Texas Voter ID Law Intentionally Discriminates” by Manny Fernandez for New York Times

Legislative Issues

Oklahoma: “LGBTQ Group’s Capitol Visit Prompts Mass Email About ‘Cross-Dressers in the Building’” by Randy Krehbiel for Tulsa World

Procurement

California: “Feds: Well-known Oakland contractors conspired to cheat government” by Malaika Fraley for East Bay Times

Campaign Finance

Montana: “Montana Considers Raising Political Campaign Donation Limits” by Matt Volz (Associated Press) for Washington Times

New Mexico: “Governor Vetoes Campaign Finance Reform” by Trip Jennings  for New Mexico In Depth

Ethics

“Who’s Visiting the White House? Watchdog Groups Are Suing to Find Out” By John Wagner for Washington Post

“How Bannon’s Multimedia Machine Drove a Movement and Paid Him Millions” by Shawn Boburg and Robert O’Hara Jr. for Washington Post

Alabama: “Alabama Governor Resigns, Pleads Guilty to Charges Tied to Allegations He Tried to Cover Up Affair with a Top Aide” by Amber Phillips for Washington Post

California: “Los Angeles County D.A.’s Office Sees a Big Drop in the Number of Public Corruption Prosecutions” by Ben Poston and Kim Christensen for Los Angeles Times

Maryland: “In Session Bookended by Corruption, Maryland Lawmakers Re-Write Ethics Laws” by Erin Cox for Baltimore Sun

Nevada: “What Is a Conflict of Interest? Lawsuit against Reno Lawmaker Might Decide” by Seth Richardson for Reno Gazette-Journal

Lobbying

Oregon: “Aiming for Openness, Oregon House Passes Bill to Make Lobbyists Say What They Influence” by Gordon Friedman for Portland Oregonian

South Carolina: “South Carolina Statehouse Corruption Probe Investigating Whether Richard Quinn & Associates’ Campaign Work ‘Bled into’ Lobbying” by Andrew Brown for Charleston Post and Courier

Campaign Finance

“Those Prized Small Donors? They May Not Be as Small as You Think” by Andrew Mayersohn for Center for Responsive Politics

Canada: “Liberals Promise to Begin Holding Fundraisers in Public, Share Details Online” by Laura Stone for The Globe and Mail

Florida: “State Attorney Clears Donald Trump, Pam Bondi on Campaign Donation” by Arek Sarkissian for Naples Daily News

Massachusetts: “Massachusetts Judge Upholds Ban on Corporate Contributions to Politicians” by Shira Schoenberg for MassLive.com

New Jersey: “N.J. Election Watchdog: State needs pay-to-play reform” by Nicholas Pugliese for Bergen Record

Washington D.C.: “Audit Finds D.C. Council Member Cannot Substantiate $100K in Contributions” by Aaron Davis for Washington Post

Ethics

“The U.S. Government Has Withdrawn Its Request Ordering Twitter to Identify a Trump Critic” by Hayley Tsukayama and Craig Timberg for Washington Post

“Kushner Omitted Meeting with Russians on Security Clearance Forms” by Jo Becker and Matthew Rosenberg for New York Times

Alabama: “Alabama Governor Faces Impeachment Hearing in Scandal of Sex and Power” by Alan Blinder for New York Times

Missouri: “After Repeal, Ethics Law Supporters to Push Ballot Amendment” by James Nord (Associated Press) for St. Louis Post-Dispatch

Elections

Missouri: “Ferguson Re-Elects White Mayor 2 Years After Mike Brown Incident” by John Eligon for New York Times

Lobbying

New Mexico: “Martinez Vetoes Bill to Close Lobbyist Loophole” by Sandra Fish for New Mexico In Depth

See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!

Federal:

DOJ Renews Promise of Action on Lobbying Law Compliance
Bloomberg BNA – Kenneth Doyle | Published: 4/5/2017

The Government Accountability Office’s (GAO) annual report on Lobbyist Disclosure Act (LDA) compliance noted the Justice Department expects to take action on four “chronic offenders” of the law. The report said House and Senate officials in charge of administering the LDA have referred thousands of cases of noncompliance, but the U.S. attorney’s office has been able to resolve only about half of these cases through letters and other contacts seeking compliance. The GAO said officials believe many of those who fail to file disclosure reports are no longer lobbying. But more than 1,300 referrals regarding failure to file lobbying reports remained unresolved last year. Meanwhile, another 700 referrals for failing to file required reports on lobbyists’ political contributions also remained unresolved.

Ethics Panel Opens Investigation into Nunes
The Hill – Cristina Marcos and Katie Bo Williams | Published: 4/6/2017

House Intelligence Committee Chairperson Devin Nunes (R-Calif.) temporarily recused himself from all matters related to the panel’s ongoing probe into Russia’s interference in the presidential election. The House ethics committee released a statement saying it would investigate allegations that “Nunes may have made unauthorized disclosures of classified information, in violation of House rules, law, regulations, or other standards of conduct.” Nunes has come under fire for going to the White House grounds to meet with a secret source and view documents he said suggest President Trump and his transition team members’ identities may have been improperly revealed in reports on surveillance of foreign targets.

Former Trump Staffers Hunt for Foreign Lobbying Work
Politico – Theodoric Mayer, Kenneth Vogel, and Josh Dawsey | Published: 4/3/2017

Some of President Donald Trump’s former campaign hands are rushing to sign lucrative deals with foreign clients, shrugging off their own pledges to avoid foreign lobbying and the president’s vow to “drain the swamp.” Former Trump campaign manager Corey Lewandowski’s firm is one a handful of upstarts looking to undercut the lobbying giants that for years dominated the market for foreign lobbying work in Washington. They are betting their experience on Trump’s campaign and relationships with former colleagues now in his administration can woo foreign governments away from more established rivals.

Trump Can Quietly Draw Money from Trust Whenever He Wants, New Documents Show
Washington Post – Drew Harwell | Published: 4/3/2017

The trust agreement that Donald Trump used to put his adult sons in charge of his company allows him to draw money from it upon his request, illustrating the thin divide between the president and his private fortune. Trump and his attorneys have pointed to the Donald J. Trump Revocable Trust as a response to widespread worries from ethics lawyers, who have said the president’s refusal to divest ownership of his company creates the potential that he can derive personal profit from his public office. Trump’s trust is not “blind” because he knows how his assets are performing, has close relationships with both trustees, can make money off the trust’s financial interests, and can revoke the trust at any time.

From the States and Municipalities:

Alabama – Ethics Commission Finds Probable Cause Against Gov. Robert Bentley
AL.com – Mike Cason | Published: 4/5/2017

Gov. Robert Bentley could face criminal prosecution after the Alabama Ethics Commission found probable cause he broke ethics and campaign finance laws in a sex-tinged scandal that has engulfed him for over a year. The commission voted to refer four issues to the Montgomery County district attorney’s office, which will decide whether to pursue charges. The commission found probable cause to believe Bentley had misused state resources and campaign funds, improperly accepted a campaign donation outside of an allowed fundraising window, and lent himself campaign money when he was not a candidate. Bentley has been under scrutiny since recordings surfaced last year of him making suggestive remarks to a female aide before his divorce.

Arizona – Arizona Secretary of State’s Website to Track Political Spending Triples in Cost
Arizona Republic – Mary Jo Pitzl | Published: 3/29/2017

It was a key talking point of her 2014 campaign for secretary of state: Michele Reagan would build a website to allow the public to track the money spent in political campaigns, from the governor’s office down to the smallest town-council race. But the much-touted See the Money website has yet to materialize, despite a nearly $500,000 investment, a now-completed contract with an outside firm, and a string of promised due dates. Reagan said she is moving the project in-house and is determined to have it online by January.

Colorado – A Dark Money Lawsuit, a Colorful Cast of Characters, and Colorado’s Citizen Campaign Finance Cop
Colorado Independent – Corey Hutchins | Published: 4/4/2017

The best drama in Colorado politics is not occurring at the Capitol, but in a courtroom.  The characters in the dispute are half the intrigue. At issue is the question of whether it is legal for someone to set up a nonprofit to shield donors from disclosure even when that nonprofit works almost exclusively, through an affiliated entity, on campaigns for or against candidates. In Colorado, anyone who lodges a complaint about a suspected campaign finance violation has to prove his or her own case against an alleged violator in a courtroom setting. It is a system its critics say discourages average citizens from bringing complaints against powerful people or well-funded groups.

Florida – Hillsborough Commissioners Add Themselves to New Lobbying Ordinance
SaintPetersBlog.com – Mitch Perry (Florida Politics) | Published: 4/5/2017

Registered lobbyists can no longer text or email Hillsborough County commissioners during meetings. Lobbyists who violate the new ordinance can be punished with a ban of up to a year, though it would take four violations to reach that. Commissioners that violate the ban and do not report communications sent to them during meeting will be punished with a $250 fine on the first offense and $500 on the second. If a third violation occurs, the Florida Commission on Ethics will be notified.

Kansas – These High School Journalists Investigated a New Principal’s Credentials. Days Later, She Resigned.
Washington Post – Samantha Schmidt | Published: 4/5/2017

A group of reporters and editors from the student newspaper, the Booster Redux at Pittsburg High School in Kansas, had gathered to talk about Amy Robertson, who was hired as the high school’s head principal on March 6. The student journalists had begun researching Robertson, and quickly found some discrepancies in her education credentials. When they researched Corllins University, the private university where Robertson said she got her master’s and doctorate degrees, the website did not work. They found no evidence it was an accredited university. The students began digging into a weeks-long investigation that would result in an article questioning the legitimacy of the principal’s degrees and of her work as an education consultant. Robertson resigned four days later.

Maine – Lying-to-Legislature Bill Narrowed to Apply to Lobbyists Only
Portland Press Herald – Kevin Miller | Published: 4/3/2017

A legislative committee voted in favor of a bill to make it a crime for lobbyists to lie to Maine lawmakers after narrowing a bill to exclude the public, and themselves. Maine is one of nine states that have no laws against providing false information in committee. Fifteen states plus the District of Columbia prohibit lobbyists from providing false testimony, and some states require speakers to take an oath before testifying in committee.

North Carolina – Lawmakers Revive Plan for Combined State Elections, Ethics Board
WRAL – Matthew Burns | Published: 4/4/2017

House Republicans would prefer changing a law struck down by a three-judge panel related to overseeing North Carolina elections instead of extending a court fight with new Gov. Roy Cooper. A new measure approved by the Elections Committee would rework an eight-member state panel overseeing both elections and ethics rules the judges threw out as unconstitutional and give more control over the board to Cooper. The revised bill would still merge the elections and ethics boards, but the governor would be able to appoint all members from nominations made by the state Republican and Democratic parties. The board would be split evenly between the two parties.

Pennsylvania – Have Bribery, Fraud and Abuse of Power Become Synonymous with ‘Pennsylvania’?
PennLive.com – Jan Murphy | Published: 3/30/2017

Pennsylvanians have witnessed scores of corruption cases involving state officials from both sides of the political aisle and all three state governmental branches. Whether it is on a per-capita basis or simply the sheer number of high-profile corruption cases in recent years, Muhlenberg College political scientist Chris Borick said it is obvious that “something is pretty wrong in our political system in terms of corruption.” Some blame it on lax rules that do not hold government officials accountable or lawmakers’ failure to enact reform laws such as a ban on gifts or limits on campaign contributions. Though watchdogs continue to seek such reforms, little progress has been made in the Legislature.

Tennessee – Analysis: Possible double dipping at Tennessee statehouse
The Tennessean – Dave Boucher and Joel Ebert | Published: 3/31/2017

A review of campaign finance reports filed in 2016 by all 131 current Tennessee lawmakers found state representatives and senators spent $189,700 combined in campaign money on expenses that may have been paid for by state funds. But lawmakers are not required to report specific dates and locations of smaller purchases that are typically less than $100. That makes it unclear how many of those expenses also may have been reimbursed by the state, providing the opportunity to obscure double dipping or other financial abuse.

Tennessee – Nashville’s Private Club with a PAC
The Tennessean – Joel Ebert and Dave Boucher | Published: 4/2/2017

Many nights, the most powerful Tennessee lawmakers imbibe and eat at The Standard, a restaurant a few blocks from the Capitol. Often, it is at the expense of their campaign donors. An analysis found 25 Tennessee legislators and one prominent Nashville elected official, or their PACs, combined with seven other state PACs to spend $150,000 from their campaign coffers at the restaurant and club since 2009. More than $50,000 of that money was spent by elected officials to pay for their personal memberships in the club. The Standard also operates its own state PAC, which has donated almost $100,000 to state and local leaders who are members or who frequent the club.

Vermont – Vermont’s Campaign Finance Law Survives Legal Challenge
U.S. News & World Report; Associated Press –   | Published: 4/3/2017

A challenge to Vermont’s campaign finance laws has been struck down in federal court. Dean Corren, an unsuccessful candidate for lieutenant governor, sued the state for violating his First Amendment rights, alleging a restriction on fundraising for publicly financed candidates is unconstitutional.

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.

Following in the path of the state’s House of Representatives, Hillsborough County Commissioners approved a measure banning text messages and other electronic communications with lobbyists during commission meetings.

First introduced in December, the initial proposal only placed restrictions and obligations on lobbyists; however, two amendments were approved to create responsibilities for commissioners as well.

Commissioners, like lobbyists, must disclose to the lobbyist registration manager any unavoidable communications and commissioners will be subject to fines for violations. The measure passed by five votes to two.

Campaign Finance

Colorado: “A Dark Money Lawsuit, a Colorful Cast of Characters, and Colorado’s Citizen Campaign Finance Cop” by Corey Hutchins for Colorado Independent

Ethics

“It’s Plausible Trump Incited Violence, Federal Judge Rules in OK’ing Lawsuit” by Eliott McLaughlin for CNN

“How the U.S. Ethics Chief Took on Trump and Became a Reluctant Washington Hero” by David Montgomery for Washington Post

“Russian Spies Tried to Recruit Carter Page Before He Advised Trump” by Adam Goldman for New York Times

Kansas: “These High School Journalists Investigated a New Principal’s Credentials. Days Later, She Resigned.” by Samantha Schmidt for Washington Post

North Carolina: “Lawmakers Revive Plan for Combined State Elections, Ethics Board” by Matthew Burns for WRAL

Legislative Issues

Minnesota: “House DFL Leader Won’t Back Down from ‘White Male Card Game’ Remarks” by Brian Bakst for Minnesota Public Radio

Lobbying

Florida: “Hillsborough Commissioners Add Themselves to New Lobbying Ordinance” by Mitch Perry (Florida Politics) for SaintPetersBlog.com

Texas: “Jet Setting Liquor Regulators Could See Wings Clipped by Lawmakers” by Jay Root for Texas Tribune

Lobbying

“Changing of the Guard at DC’s Top Lobby Firm” by Megan Wilson for The Hill

Maine: “Lying-to-Legislature Bill Narrowed to Apply to Lobbyists Only” by Kevin Miller for Portland Press Herald

Campaign Finance

Missouri: “Greitens’ Political Nonprofits Take Center Stage in Missouri; Common for Governors Around US” by Jo Mannies for St. Louis Public Radio

Tennessee: “Nashville’s Private Club with a PAC” by Dave Boucher and Joel Ebert for The Tennessean

Vermont: “Vermont’s Campaign Finance Law Survives Legal Challenge” by the Associated Press for U.S. News & World Report

Ethics

“Blackwater Founder Held Secret Seychelles Meeting to Establish Trump-Putin Back Channel” by Adam Entous, Greg Miller, Kevin Sieff, and Karen DeYoung for Washington Post

“Trump Aides’ Disclosures Reveal Surge in Lucrative Political Work” by Steve Eder, Eric Lipton, and Andrew Lehren for New York Times

“Trump Can Quietly Draw Money from Trust Whenever He Wants, New Documents Show” by Drew Harwell for Washington Post

Tennessee: “Lawmakers Kill Gift Transparency Bill; Senate OKs Higher Campaign Limits” by Dave Boucher and Joel Ebert for The Tennessean

Lobbying

“Former Trump Staffers Hunt for Foreign Lobbying Work” by Theodoric Mayer, Kenneth Vogel, and Josh Dawsey for Politico

Tennessee: “Tennessee Bill to Limit State-Paid Legislative Travel Falters” by Joel Ebert and Dave Boucher for The Tennessean

Campaign Finance

New York: “In a Bind, de Blasio May Explore Legal Defense Fund Legislation” by Samar Khurshid for Gotham Gazette

Tennessee: “Analysis: Possible double dipping at Tennessee statehouse” by Dave Boucher and Joel Ebert for The Tennessean

Washington: “State Sues Tim Eyman, Alleging Campaign-Finance Violations” by Jerry Cornfield for Everett Herald

Ethics

“Flynn Made $1.3 Million for Lobbying, Speeches, Other Work” by Stephen Braun and Chad Day (Associated Press) for PBS

“Trump Couple, Now White House Employees, Can’t Escape Conflict Laws” by Eric Lipton and Jesse Drucker for New York Times

“Hands Raised, Trump Aides Rush to Try to Testify on Russia” by the Associated Press for New York Times

Pennsylvania: “Controller: Nutter and former chairwoman of Mayor’s Fund should pay back thousands spent on trips, hotels and restaurants” by Claudia Vargas and David Gambacorta for Philadelphia Inquirer

See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!

Federal:

2 White House Officials Helped Give Nunes Intelligence Reports
New York Times – Matthew Rosenberg, Maggie Haberman, and Adam Goldman | Published: 3/30/2017

Two White House official were involved in giving House Intelligence Committee Chairperson Devin Nunes access to intelligence reports that seemed to show that President Donald Trump and his associates were incidentally included in surveillance efforts. The New York Times reported that multiple sources said Ezra Cohen-Warrick, senior director for intelligence at the National Security Council, and Michael Ellis, a lawyer who used to work for Nunes and is now in the White House Counsel’s Office, helped Nunes get the information. American officials said the reports consisted primarily of ambassadors and other foreign officials talking about how they were trying to develop contacts within Trump’s family and inner circle in advance of his inauguration.

A Former Trump Administration Appointee Who Left Without Signing Ethics Pledge Is Now a Lobbyist
Washington Post – Matea Gold | Published: 3/29/2017

Robert Wasinger, a former campaign official and transition team member for Donald Trump, served briefly as White House liaison to the State Department before joining McGuireWoods Consulting as senior vice president of its federal public affairs group in February. He registered recently as a lobbyist for Verizon and Inovio Pharmaceuticals. Ethics experts said it is troubling that there are now two examples of early Trump appointees who left without committing to the lobbying ban.

From the States and Municipalities:

Arizona – Arizona Firefighters Have Grip on Financial Power in Local Elections – But Should They?
Arizona Republic – Jessica Boehm | Published: 3/28/2017

In 2015 and 2016, firefighter union PACs across Arizona donated hundreds and sometimes thousands of dollars to mayoral or city council candidates they often had never met. In total, 31 firefighter union PACs donated more than $250,000 to 59 city council and mayoral candidates in Arizona. Firefighter leaders say their campaign donations are noble efforts to ensure their communities are run by politicians who will do the best job for the community. Others question the power and legality of city employees so actively involved in electing council members, the people who will decide matters such as their wages and department budgets.

California – PG&E to Pay $86.5 Million for Backdoor Lobbying of Regulators
KNSD – Jaxon Van Derbeken | Published: 3/28/2017

Pacific Gas & Electric (PG&E) will pay $86.5 million in a settlement over corruption allegations that followed a fatal pipeline explosion in San Bruno. The announcement comes in the wake of the disclosure of a series of improper communications and back-channel deals linked to the disaster. The utility’s inappropriate actions also affected gas-pipeline operations in San Carlos. Under pressure, PG&E agreed to release 65,000 emails sent between 2010 and 2014. In them, critics found proof of an overly cozy relationship between  top officials at PG&E and regulators both before and after the explosion that killed eight people.

Connecticut – Ted Kennedy Jr.’s 2014 Campaign, Still Under Scrutiny, Shows Election-Reform Troubles
Hartford Courant – Edmund Mahoney and Jon Lender | Published: 3/29/2017

Ted Kennedy, Jr. in his 2014 campaign for the Connecticut Senate signed a contract promising to limit campaign spending to a grant of about $95,000 in taxpayer money he received under the state’s Citizen Election Program, the landmark campaign finance reform its supporters claim is a model for keeping special interest money out of elections. But records show Kennedy and the Democratic Party spent almost four times that much on his campaign, using a loophole opened by an amendment pushed through the Democrat-controlled state Legislature the year before. The Democratic State Central Committee paid about $288,000 to cover “organizational expenditures” on the Kennedy campaign – after family, friends, and business associates of Kennedy donated about $300,000 to the committee.

Florida – Florida Paid Law Firm for Meeting with House Speaker
U.S. News and World Report – Gary Fineout (Associated Press) | Published: 3/27/2017

Blurring the lines between his role as an up-and-coming legislator and his job as an attorney, the law firm of House Speaker Richard Corcoran once charged the state for a meeting with Corcoran in his capacity as a lawmaker. Billing records show the firm of Broad and Cassel charged the state’s economic development agency ahead of a meeting between its affiliate, the state Division of Bond Finance, and Corcoran – putting the meeting in the crosshairs of a new review by Gov. Rick Scott of potential conflicts-of-interest. Corcoran said he was unaware his firm asked to be paid to prepare for the meeting with him. He said he and all lawmakers are routinely asked by friends and colleagues to meet with people to discuss issues and problems they have with state government.

Illinois – Campaign Donation Limits Lifted in Illinois Governor’s Race
Northwest Herald – Sophia Tareen (Associated Press) | Published: 3/27/2017

Chris Kennedy’s roughly $250,000 donation to his own campaign has lifted spending caps in what is expected to be another big money race for Illinois governor. Kennedy’s contribution follows Gov. Bruce Rauner’s record-setting $50 million donation to his own re-election bid last year. But Rauner’s contribution did not remove the limits because of how early the donation was made. When a self-funded statewide candidate or family member gives more than $250,000 in the 12 months before an election, the caps are lifted for all candidates. Illinois’ gubernatorial primary is March 20, 2018.

Illinois – Court Strikes Down Ban on Campaign Contributions from Medical Marijuana Licensees
Illinois Policy – Jacob Huebert | Published: 3/24/2017

An Illinois law banning state marijuana growers and sellers from making campaign contributions has been struck down as unconstitutional. U.S. District Court Judge John Lee ruled the legislation, passed in 2013, the same year the General Assembly voted to legalize medical marijuana, violates free speech rights guaranteed by the First Amendment. Lee said the state had provided no justification for banning contributions from the medical cannabis industry while not banning donations from any other regulated industries.

Iowa – House Ethics Committee Admonishes Americans for Prosperity Lobbyist
Des Moines Register – Brianne Pfannenstiel | Published: 3/22/2017

The Iowa House Ethics Committee voted to issue a letter admonishing Americans for Prosperity lobbyist Drew Klein for failing to register his position on a controversial bill scaling back collective bargaining rights. State law requires lobbyists to register their support or opposition to legislation moving through the Capitol to create transparency. The committee said Klein did not officially register his support of House File 291 until after it had already been under discussion. That prompted a complaint from the Iowa Federation of Labor.

Missouri – Goodbye to All That? Missouri Lawmakers Dragging Feet on Lobbyist-Gift Ban
St. Louis Public Radio – Marshall Griffin | Published: 3/24/2017

There has been no movement for nearly two months on bills that would ban gifts from lobbyists to Missouri lawmakers. The House passed House Bill 60 on January 17, and a Senate committee conducted a joint hearing on it and on the Senate version, Senate Bill 305. With the legislative session scheduled to end on May 12, it remains to be seen whether what was once a strong priority for Republicans will pass at all.

New Jersey – 2 Christie Allies Are Sentenced in George Washington Bridge Scandal
New York Times – Nick Corasaniti | Published: 3/29/2017

Two former aides to New Jersey Gov. Chris Christie were sentenced to prison for their role in a political revenge plot involving traffic jams at the George Washington Bridge, a scandal that sank Christie’s presidential aspirations. Bill Baroni, Christie’s appointee to the Port Authority of New York and New Jersey, was sentenced to two years, and Bridget Kelly, Christie’s former deputy chief of staff, received 18 months. The government’s star witness, David Wildstein, testified he and the co-defendants sought to retaliate against a Democratic mayor for not endorsing Christie’s re-election. Christie was not charged with any wrongdoing. But his version of events – that he was not aware that anyone in his office was involved until months after the fact – was contradicted by testimony from multiple people.

New Mexico – What Financial Disclosure Forms Don’t Require Reveal as Much as What They Do
New Mexico In Depth – Sandra Fish | Published: 3/23/2017

New Mexico In Depth created a database of the information in financial disclosures filed by lawmakers this year. The disclosures do not just reveal potential conflicts for lawmakers. In fact, sometimes the forms do not reveal much at all. The watchdog group Ethics Watch has noted that reporting requirements are unclear and lawmakers interpret them in a variety of ways. New Mexico is the only state in the nation that does not pay lawmakers. So, they typically have outside jobs that can pose conflicts-of-interest with their work at the Capitol.

Oregon – Lax Conflicts of Interest Rules Let Oregon Lawmakers Keep Quiet About Their Ties
Portland Oregonian – Gordon Friedman | Published: 3/26/2017

Oregon law allows officials to make decisions financially benefitting a class of people equally, even if the state lawmaker is a member of that group. That means it is perfectly legal for Oregon lawmakers to sponsor and vote for bills that benefit people in the occupation they hold or the type of companies their families work for. Regardless of potential conflicts, lawmakers are not allowed under Senate and House rules to recuse themselves from voting. They are required only to announce prior to voting that a potential conflict exists. Failing to disclose a conflict can result in censure or other discipline. But the onus is also on lawmakers to self-report.

Pennsylvania – Judge Mid-Trial Dismisses All Charges in Pennsylvania Pay-to-Play Case
Pittsburgh Post-Gazette – Angela Couloumbis and Craig McCoy (Philadelphia Inquirer) | Published: 3/27/2017

U.S. District Court Judge John Jones III has thrown out a “pay-to-play” case against an investment adviser accused of bribing Pennsylvania’s former treasurer to get state business. Jones said prosecutors had not proven that favors were traded in exchange for campaign contributions from defendant Richard Ireland. Prosecutors had relied on testimony from former state Treasurer Rob McCord, who pleaded guilty two years ago to extortion charges after being caught strong-arming contributions from campaign donors, including some who had state contracts. But during testimony, McCord provided such lukewarm support for the government’s case that prosecutors grew increasingly short with him, almost treating him as a hostile witness.

Texas – Liquor Regulators Partying on Taxpayers’ Tab
Texas Tribune – Jay Root | Published: 3/24/2017

The Texas Alcoholic Beverage Commission (TABC) has spent at least $85,000 on out-of-state travel since the 2011 fiscal year, much of it on liquor industry conferences. Almost $17,000 has been paid to the National Conference of State Liquor Administrators (NCSLA), an industry trade group that brings liquor interests and government regulators together, for registration and membership fees over the same period. TABC Director Sherry Cook says the NCSLA’s meetings provide training and networking opportunities that help keep her agency abreast of the complicated regulatory structure in various states. Critics say they are junkets that waste precious tax dollars while raising troubling questions about the cozy relationship between the government regulators and powerful corporate interests.

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.

Campaign Finance

“Ex-Congressman Stockman Indicted in Texas” by Josh Gerstein for Politico

Connecticut: “Ted Kennedy Jr.’s 2014 Campaign, Still Under Scrutiny, Shows Election-Reform Troubles” by Edmund Mahony and Jon Lender for Hartford Courant

Ethics

“Schock Staffer Was FBI Informant, Court Filings Reveal” by Megan Wilson for The Hill

Alabama: “Vote on Whether to Impeach Alabama Governor May Come Quickly” by Kim Chandler (Associated Press) for Myrtle Beach Sun News

Maine: “Memo: Dozens of Maine lawmakers may have failed to disclose changes in income” by Steve Mistler for Maine Public

New Jersey: “2 Christie Allies Are Sentenced in George Washington Bridge Scandal” by Nick Corasaniti for New York Times

New Jersey: “N.J. Election Watchdog Meets after Year of Paralysis” by Nicholas Pugliese for Bergen Record

Elections

“A Former Trump Administration Appointee Who Left Without Signing Ethics Pledge Is Now a Lobbyist” by Matea Gold for Washington Post

Lobbying

California: “PG&E to Pay $86.5 Million for Backdoor Lobbying of Regulators” by Jaxon Van Derbeken for KNSD

Federal Regulation of Lobbying Act

One of the first formal federal regulations of lobbying in the United States was the Federal Regulation of Lobbying Act that created a registration and financial disclosure system for lobbyists in 1946. The Federal Regulation of Lobbying Act required lobbyists, anyone whose “principal purpose” was influencing the passage or defeat of a piece of legislation, to register with the Clerk of the House and Secretary of the Senate. The act also required quarterly financial reports to be filed as well. The act was considered ineffective because of poor drafting.

The act was diminished in 1954 when it was challenged in the U.S. Supreme Court case United States v. Harriss. The Court’s ruling narrowed the Act to only apply to “paid lobbyists” that “directly communicate” with Congress on “pending legislation.”

The United States v. Harriss ruling discounted the power and need for disclosure of those who lobby on general issues rather than a specific piece of legislation by not requiring them to disclose their efforts. The Supreme Court ruling also only required disclosure of in person meetings.

Lobbying Disclosure Act of 1995

Another effort was made to regulate lobbying with the Lobbying Disclosure Act of 1995, following a scandal surrounding legislators lobbied by the Wendtel Corporation. The company failed to disclose its lobbying efforts and was bribing policy makers to win government contracts. This scandal motivated Congress to repeal the 1946 act, that had been basically untouched since its dismantling in the Supreme Court and original poor drafting.

In an attempt to make compliance of the law clearer, the new statute redefined lobbying and other related terms.  A lobbyist was now considered anyone who is paid by another to make ‘‘lobbying contacts,’’ other than an individual whose ‘‘lobbying activities’’ constitute less than twenty percent of the time spent on providing services to a particular client over a six-month period. If a paid representative of an organization spent less than $22,500 on lobbying within the six months of the reporting period, then the employee did not need to register as a lobbyist under the Lobbying Disclosure Act. This new, more intense regulation required a lobbyist to register with the Secretary of the Senate and the Clerk of the House of Representatives within 45 days of their first lobbying contact on behalf of an organization. The 1995 lobbying regulation was much more stringent and clear than the 1946 act that had left a lot of loopholes.

Honest Leadership and Open Government Act of 2007

The Lobbying Disclosure Act was modified by the Honest Leadership and Open Government Act on September 14, 2007. This act furthered public disclosure requirements for lobbyists and placed more restrictions on the gifts members of Congress and staff members could accept. This law also extended the revolving door period for senior staffers of a member from lobbying them for two years. The 1995 act had a one-year restriction.

Sources:

http://www.opensecrets.org/resources/learn/lobbying_timeline.php

https://definitions.uslegal.com/f/federal-regulation-of-lobbying-act-of-1946/

https://ballotpedia.org/Lobbying_Disclosure_Act_of_1995

https://www.govtrack.us/congress/bills/110/s1/summary

https://www.govtrack.us/congress/bills/110/s1/summary#libraryofcongress

Washington D.C.-based Gabrielle Woodard is a student from Kent State University (KSU). She is writing articles looking at the history of lobbying and political contribution, the emergence of the compliance laws and regulations governing these activities, and other interesting topics. Look for these articles to appear every few weeks. We look forward to her research and insightful writing.

Gabrielle is a senior public relations major at KSU with a minor in political science. She served as president of Kent State’s chapter of the Public Relations Student Society of America during 2015-2016. Gabrielle spent the spring of 2015 participating in the Washington Program in National Issues and interned in the Office of Legislative Affairs within the Federal Communications Commission. She then spent her last two summers in Baltimore as a communications intern for Northrop Grumman, an international defense contractor. Gabrielle is spending this semester in Washington, D.C. and pursuing a career in government relations.

Campaign Finance

Illinois: “Court Strikes Down Ban on Campaign Contributions from Medical Marijuana Licensees” by Jacob Huebert for Illinois Policy

Pennsylvania: “Judge Mid-Trial Dismisses All Charges in Pennsylvania Pay-to-Play Case” by Angela Couloumbis and Craig McCoy (Philadelphia Inquirer) for Pittsburgh Post-Gazette

Elections

“Senate Committee to Question Jared Kushner Over Meetings with Russians” by Jo Becker, Matthew Rosenberg, and Maggie Haberman for New York Times

Ethics

Maine: “Bangor City Council’s Ethics Watchdog Group Hasn’t Investigated a Violation in 20 Years” by Danielle McLean for Bangor Daily News

Maryland: “Maryland House Passes First Major Ethics Bill in Over a Decade” by Ian Duncan for Baltimore Sun

Oregon: “Lax Conflicts of Interest Rules Let Oregon Lawmakers Keep Quiet About Their Ties” by Gordon Friedman for Portland Oregonian

Legislative Issues

“Chairman and Partisan: The dual roles of Devin Nunes raise questions about House investigation” by Greg Miller and Karoun Demirjian for Washington Post

New Mexico: “Amending New Mexico’s Convoluted Constitution” by Anna Lande for KUNM

Lobbying

“Trump’s ‘Beachhead’ Teams Host Dozens of Former Lobbyists” by Ashley Balcerzak and Niv Sultan for Center for Responsive Politics