The New York Joint Commission on Public Ethics (JCOPE) released a set of proposed lobbying regulations on October 13, 2016. The comprehensive regulations expand the definition of lobbying to include indirect lobbying, like setting up a meeting between a legislator and a lobbyist.

According to JCOPE, the purpose of the proposed regulations is to fully incorporate existing guidelines and decades of advisory opinions.

JCOPE is seeking public comment on the staff proposed regulations until November 21, 2016. Drafts of the rules may be found at http://www.jcope.ny.gov/advice/staffproposal.html.

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

Most of us have an idea of what lobbying is, but as states expand the definitions of lobbying, more activities may now trigger registration and reporting requirements. And, as states tighten political contribution rules, more and more contractors may run into problems because of pay-to-play laws. But in order to comply with the rules, you need to know the rules.

State and Federal Communications is taking part in two events over the next few weeks looking specifically at these issues. This fall our Compliance Client Specialist Nola Werren, Esq., will present “Compliance: Pay-to-Play and Procurement Lobbying Process” at events with the Public Affairs Council and WASRG, the Washington Area State Relations Group.

As an expert in the field, Nola will share her knowledge and experiences during a Public Affairs Council webinar and at the annual WASRG Symposium. Topics she will cover include the procurement process; lobbying requirements in the states, including best practices to ensure compliance; and pay-to-play laws. It is this area of pay-to-play, the nexus between making a contribution and the award of a contract, that can have far-reaching consequences for a business.

The Public Affairs Council’s webinar will be held on October 27^th and is entitled “Compliance: State-Level Laws and Recent Trends.” The WASRG Annual Symposium begins at noon on November 2^nd at Carmine’s at 425 7^th Street NW in Washington, DC.

Make sure you keep checking in with State and Federal Communications, Inc. We are your #1 resource on government relations compliance.

National:

Coke and Pepsi Give Millions to Public Health, Then Lobby Against It
New York Times – Anahad O’Connor | Published: 10/10/2016

Despite the fact that America has an obesity problem, fueled in part by the overconsumption of sugar, several prominent public health groups (including some that are government-run) have accepted money from soda companies in recent years. In a new study, researchers at Boston University School of Medicine report that between 2011 to 2015, 96 national health organizations accepted money from Coca-Cola, PepsiCo, or both companies. There has been increasing scrutiny in recent years of the soda industry’s influence over the public health debate, especially over soda’s link to obesity, and legislative efforts such as soda taxes and bans meant to curb its influence. The researchers looked at lobbying efforts by the companies and found both actively oppose legislation that targets soda and is designed to prevent obesity.

Gerrymandering Helped Republicans Take Control of Congress, but Now It’s Tearing Them Apart Over Trump
Los Angeles Times – Lisa Mascaro | Published: 10/11/2016

Across the country, Republicans in contested races face a terrible bind: they have to run from Donald Trump to hold onto swing votes, even if that angers some core supporters. But in secure, heavily conservative GOP districts, Republicans face the opposite pressure: to cleave fast to Trump, who remains popular despite statements that have alienated many voters. The crisis sparked by the Trump campaign has split the Republican Party in two, and ironically, the gerrymandering of districts that helped build the GOP congressional majority is now working to make that fracture worse.

Federal:

Donald Trump Finds Improbable Ally in WikiLeaks
New York Times – Patrick Healy, David Sanger, and Maggie Haberman | Published: 10/12/2016

Donald Trump, his advisers, and many of his supporters are increasingly seizing on a trove of embarrassing emails from Hillary Clinton’s campaign that WikiLeaks has been publishing – and that U.S. intelligence agencies said came largely from Russian intelligence agencies, with the authorization of “Russia’s senior-most officials.” The Trump campaign’s willingness to use WikiLeaks is a turnabout after years of bipartisan criticism of the organization for past disclosures of American national security intelligence and other confidential information. The accusation that Russian agents are now playing an almost-daily role in helping fuel Trump’s latest political attacks on Clinton raises far greater concerns, though, about foreign interference in a presidential election.

Filmmaker Says Lobbying Firm Tried to ‘Thwart’ Screening of Documentary Critical of Herbalife
Washington Post – Emily Heil | Published: 10/10/2016

The Washington, D.C. screening of a documentary scrutinizing controversial multilevel marketing company Herbalife had 173 empty seats because Herbalife’s lobbying firm bought them out. The documentary, Ted Braun’s “Betting on Zero,” focuses on activist investor Bill Ackman’s quest to portray Herbalife as a pyramid scheme and profit from shorting its stock. Ten staffers of Heather Podesta + Partners, which lobbies for Herbalife, bought half the tickets and never picked them up, according to organizers of the film festival. At $15 a seat, the ruse cost more than $2,500. The company paid the firm $70,000 last quarter, lobbying disclosures show.

Trump Reels as More Accusers Emerge
Politico – Louis Nelson | Published: 10/13/2016

Multiple women have come forward to accuse Donald Trump of uninvited kissing or groping. The stories, which have been told to different news organizations, come after Trump denied during the most recent presidential debate that he had ever sexually assaulted a woman. He has also denied the latest reports in The New York Times, The Palm Beach Post, and People, calling them fabrications and threatening lawsuits. The women who spoke to The Times, who are both supporters of Hillary Clinton, said they felt compelled to speak out after Trump said he had never done the things he was caught boasting about on a 2005 videotape.

WikiLeaks Hack Reveals Cozy Relationship between Clinton Campaign, Super PAC
The Hill – Jonathan Swan | Published: 10/10/2016

A top attorney for Hillary Clinton’s presidential campaign sent a memorandum to campaign aides teaching them how to legally communicate with a pro-Clinton super PAC, emails released by WikiLeaks show. While Clinton has claimed her campaign has nothing to do with the super PAC Priorities USA, a leaked email from the personal account of Clinton’s campaign chairperson, John Podesta, suggests differently. In the email, Clinton attorney Marc Elias outlined what is basically a strategy for steering large campaign donors to the super PAC without breaking the law.

From the States and Municipalities:

Alaska – Lobbyist Bankrolled PAC Run by State Lawmaker Is Legal, APOC Staff Says
KTUU – Austin Baird | Published: 10/10/2016

Lobbyists bankrolling a PAC run by a sitting state lawmaker, an unconventional approach to financing campaigns that started happening this year, is not a violation of state law, according to an Alaska Public Offices Commission staff opinion. The source of the cash is at the core of the complaint against the group run by Rep. Gabrielle LeDoux, which alleges wrongdoing on three fronts centered around the fact that several lobbyists who live outside of LeDoux’s district contributed $500 apiece. Alaska law allows paid lobbyists to contribute to legislative campaigns but only to candidates running in their own district.

California – State Lawmakers Got about $873,000 in Freebies Last Year, but the Gifts Can Be Difficult to Track
San Louis Obispo Tribune – Matt Fountain | Published: 10/8/2016

California lawmakers reported receiving about $873,000 in meals, entertainment, travel, and other gifts last year. Public officials across the state are required to file financial disclosure forms that are the public’s way of ensuring officials are making decisions based on the public interest and not their own financial gain. But the primarily paper-based system is inherently messy, with little consistency in how gifts are reported, making it cumbersome to verify some vague and incorrectly reported gifts. Legal loopholes regarding what constitutes free travel and degrees of separation between lobbyists and gift-giving render key aspects of the laws essentially toothless.

Hawaii – How Hawaii Companies Pay to Party It Up with Public Officials
Honolulu Civil Beat – Chad Blair | Published: 10/11/2016

Those attending and sponsoring the Hawaii Congress of Planning Officials included some of the most powerful business interests in the state who had the chance to hobnob with the kind of government officials who have influence on issues that affect them. State and county laws have strict rules about government officials receiving gifts, particularly if it appears those gifts could have an influence on their actions. But conferences like the recent three-day planning retreat on Kauai show how special interests are still able help pay to entertain an array of public officials.

Illinois – Chicago Politicians Warned on Use of Coveted Face-Value Cubs Playoff Tickets
Chicago Tribune – Hal Dardick | Published: 10/9/2016

Aldermen and city officials who take advantage of the Chicago Cubs’ offer to purchase playoff tickets at face value must accompany their guests to all games at Wrigley Field and be publicly announced to the crowd or risk violating the city’s ethics ordinance. Chicago Ethics Board Executive Director Steve Berlin noted the law prohibits city employees and elected officials from accepting gifts worth more than $50 and the difference between the face value of Cubs playoff tickets and the “commonly understood fair market value” exceeds that limit. But the ordinance does allow officials to attend events “in their official capacity,” he added. “It could be construed as a prohibited gift to the city official if they are not announced or if they give away or resell all tickets they purchased at this special price,” Berlin wrote.

Michigan – Secretive Funds Allow Michigan Lawmakers to Accept Corporate Cash
MLive.com – Craig Mauger (Michigan Campaign Finance Network) and Emily Lawler | Published: 10/11/2016

It is illegal for a corporation to give directly to a candidate’s campaign account in Michigan. But there is a difficult-to-trace and rarely discussed form of legal fundraising where many donations do not have to be disclosed. An investigation found at least 50 of Michigan’s House and Senate members, about one in three, are connected or have been connected to a nonprofit or administrative account. From 2013 to 2015, about $12.8 million flowed to more than 100 accounts connected to political parties, elected officeholders, and their consultants. Finding who runs these lawmaker-connected organizations, who gives to them, and what the contributions are used for can be extremely difficult.

Missouri – Aldermen Pass Legislation Limiting Campaign Contributions to $10,000 in St. Louis Elections
St. Louis Post-Dispatch – Koran Addo | Published: 10/7/2016

Members of the St. Louis Board of Aldermen passed a pair of reform bills, one intended to keep wealthy donors from unduly influencing local elections and the other meant to keep elected officials honest about the gifts they receive. The first bill would limit campaign contributions in city elections to $10,000 per election cycle. It also would the Municipal Officials and Officers Ethics Commission to investigate campaign finance violations. The board also passed a bill requiring elected officials to report within 30 days any gift or travel expense valued at $375 or more given to them or an immediate family member. Violating the reporting requirement would result in docked pay.

New York – At Graft Scandal’s Center, a Lobbyist with a Long History in the Cuomo Orbit
New York Times – Vivian Yee | Published: 10/7/2016

For New York Gov. Andrew Cuomo, the corruption scandal that threatens to inflict lasting harm on his political career and his family’s legacy is a betrayal of multiple dimensions. It is a betrayal of his plans to revitalize the economies in western and central New York, and of the Cuomos’ political self-image, built by his father, former Gov. Mario Cuomo, on clean, competent, accountable government. And if anyone made it all possible, it seemed to be one of their own: Todd Howe, who has implicated himself and helped federal prosecutors charge eight other Cuomo advisers and donors in a wide-ranging bribery scheme surrounding the governor’s office.

New York – Disclosure Law for Outside Income Often Ignored, Rarely Enforced
Albany Times Union – Chris Bragg | Published: 10/11/2016

The recent spate of corruption charges in New York has sparked calls for closer scrutiny of state officials’ outside jobs. But a law already on the books that addresses the issue does not appear to be rigorously enforced. A 2011 law requires lobbyists or their clients who pay a state employee more than $1,000 in a year to submit a form detailing the exact amount every six months. It also requires a description of the nature of the state employee’s outside work. Since the law was passed, only 24 lobbying clients and 11 lobbyists have submitted paperwork detailing the hiring of state officials. Joint Commission on Public Ethics spokesperson Walter McClure said he did not know of someone ever been fined for failing to file this kind of report.

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.

On October 12, the City Council adopted a new lobbying law for the city of Reno, Nevada.

The Registration and Regulation of Lobbyists ordinance requires lobbyists to register with the city clerk, to inform the city of their clients, and to wear lobbyist badges when in City Hall. The ordinance also includes civil and criminal penalties.

The new law will take effect on January 1, 2017.

Lobbying

New York: “Lobbying Cuomo: How to get the governor on your side” by David Howard King for Gotham Gazette

Campaign Finance

Michigan: “Secretive Funds Allow Michigan Lawmakers to Accept Corporate Cash” by Craig Mauger (Michigan Campaign Finance Network) and Emily Lawler for MLive.com

Ethics

“Chelsea Flagged ‘Serious Concerns’ about Clinton Foundation Conflicts” by Kenneth Vogel for Politico

New York: “Disclosure Law for Outside Income Often Ignored, Rarely Enforced” by Chris Bragg for Albany Times Union

Elections

“Trump Faces a Slew of New Allegations of Sexual Assault” by David Graham for The Atlantic

“Gerrymandering Helped Republicans Take Control of Congress, but Now It’s Tearing Them Apart Over Trump” by Lisa Mascaro for Los Angeles Times

“Hillary Clinton, Paul Ryan and the Relationship That Could Shape Washington” by Robert Costa and Philip Rucker for Washington Post

“Group’s Tactic on Hillary Clinton: Sue her again and again” by Jonathan Mahler for New York Times

Florida: “Federal Judge Swipes at Scott’s Political ‘Poppycock,’ Extends Fla. Voter Registration Deadline” by Daniel Ducassi and Marc Caputo for Politico

Texas: “San Antonio Cops Face Discipline for Wearing ‘Make America Great Again’ Hats in Trump Video” by Derek Hawkins for Washington Post

Lobbying

“Coke and Pepsi Give Millions to Public Health, Then Lobby Against It” by Anahad O’Connor for New York Times

“Filmmaker Says Lobbying Firm Tried to ‘Thwart’ Screening of Documentary Critical of Herbalife” by Emily Heil for Washington Post

Florida: “Broward Health Begins Lobbyist Registration – 12 Years and Millions in Contracts Late” by Dan Christensen for FloridaBulldog.org

Hawaii: “How Hawaii Companies Pay to Party It Up with Public Officials” by Chad Blair for Honolulu Civil Beat

Campaign Finance

“WikiLeaks Hack Reveals Cozy Relationship between Clinton Campaign, Super PAC” by Jonathan Swan for The Hill

Alaska: “Lobbyist Bankrolled PAC Run by State Lawmaker Is Legal, APOC Staff Says” by Austin Baird for KTUU

Texas: “Dark Money Law Keeps PACs Busy” by Jo Clifton for Austin Monitor

Ethics

“Head of State Watchdog Agency Steps Down” by Paula Dobbyn for KTUU

Elections

“For Many Women, Trump’s ‘Locker Room Talk’ Brings Memories of Abuse” by Jonathan Mahler for New York Times

“How NBC Finished Second on the Trump Video Story” by John Koblin and Michael Grynbaum for New York Times

Lobbying

California: “State Lawmakers Got about $873,000 in Freebies Last Year, but the Gifts Can Be Difficult to Track” by Matt Fountain for San Louis Obispo Tribune

Oklahoma: “Oklahoma Legislator Wants Lawmakers Off Lobbyist Welfare” by Barbara Hoberock for Tulsa World

Campaign Finance

Missouri: “Aldermen Pass Legislation Limiting Campaign Contributions to $10,000 in St. Louis Elections” by Koran Addo for St. Louis Post-Dispatch

Montana: “Can Motl Serve as State’s Campaign and Ethics Cop until 2019?” by Troy Carter for Bozeman Daily Chronicle

New York: “The New York City Campaign Finance Board and Its Scofflaws” by Samar Khurshid and Jarrett Murphy for Gotham Gazette

Ethics

Illinois: “Chicago Politicians Warned on Use of Coveted Face-Value Cubs Playoff Tickets” by Hal Dardick for Chicago Tribune

New York: “At Graft Scandal’s Center, a Lobbyist with a Long History in the Cuomo Orbit” by Vivian Yee for New York Times

Elections

“Leaked Speech Excerpts Show a Hillary Clinton at Ease with Wall Street” by Amy Chozick, Nicholas Confessore, and Michael Barbaro for New York Times

“Paul Ryan Won’t Defend or Campaign for Trump Ahead of Election” by Kelsey Snell and Juliet Eilperin for Washington Post

Lobbying

“Trump Transition Team and GOP Lobbyists Are Inching Toward Mutual Acceptance” by Catherine Ho for Washington Post

“Lobbyists Test Post-Crisis Rules for Boards” by Theo Francis and Brody Mullins (Wall Street Journal) for Investor Relations

Alabama: “Gifts to Teachers Worth More Than $25 Can Be OK, Ethics Commission Says” by Mike Cason for AL.com

Campaign Finance

“Tight Governors’ Races Loosen Political Purse Strings” by Ben Wieder for Center for Public Integrity

“With Senate Control at Stake, Koch Groups Start Endorsing by Name” by Carl Hulse for New York Times

Colorado: “Ruling Against Colorado Disclosure Law Left Intact” by Kenneth Doyle for Bloomberg BNA

Ethics

Texas: “Texas Senator Calls State Ethics Commission ‘Arrogant’ and ‘Haught’” by Jim Malewitz for Texas Tribune

Elections

“The Time I Found Donald Trump’s Tax Records in My Mailbox” by Susanne Craig for New York Times

“Trump Recorded Having Extremely Lewd Conversation About Women in 2005” by David Fahrenthold for Washington Post

“In Second Debate, Donald Trump and Hillary Clinton Spar in Bitter, Personal Terms” by Patrick Healy and Jonathan Martin for New York Times

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

National:

Drinks, Dinners, Junkets and Jobs: How the insurance industry courts state commissioners
Center for Public Integrity – Michael Mishak | Published: 10/2/2016

An investigation by the Center for the Public Integrity found half of the 109 state insurance commissioners who have left their posts in the last decade have gone on to work for the industry they used to regulate, many leaving before their terms expire. Just two moved into consumer advocacy. The “revolving door” also swings in the other direction. For almost a year, Connecticut’s insurance commissioner was overseeing a merger involving a company where she had been a lobbyist. She recused herself recently amid a state ethics review. Consumer advocates and some commissioners say the tight bond between regulators and industry – reinforced by campaign contributions, lavish dinners, and the prospect of future employment – diminishes consumers’ voices.

How Donald Trump Set Off a Civil War Within the Right-Wing Media
New York Times Magazine – Robert Draper | Published: 9/29/2016

The conservative media has always been a playground for outsize personalities with even more outsize political ambitions. Alongside the institution-builders like William F. Buckley, the landscape has also produced a class of rowdy entrepreneurs who wield their influence in more personal ways. If these figures defied the stuffy ceremony of think tanks, opinion journals, and columnists who traditionally defined the conservative intelligentsia, they rarely challenged the ideological principles of conservatism as they had existed since the Reagan era. What they mostly did was provide the Republican Party with a set of exceptionally loud megaphones, which liberals have often envied and tried unsuccessfully to emulate. Then came Donald Trump. In a sense, the divide that Trump has opened among conservative media figures is simply a function of the heartburn his ascent has caused among Republicans more generally.

Federal:

Democrats Rake in Money, Thanks to Suit by Republicans
New York Times – Nicholas Confessore and Rachel Shorey | Published: 9/30/2016

Democrats denounced it as an assault on democracy and a sop to billionaires when the U.S. Supreme Court issued a ruling two years ago that loosened limits on campaign giving. But Hillary Clinton and Democratic Party leaders are now exploiting the decision, funneling tens of millions of dollars from their wealthiest donors into a handful of presidential swing states. The money followed a legal but circuitous route turbocharged by the 2014 ruling in McCutcheon v. Federal Election Commission, which struck down limits on the combined amount one person could donate at all federal candidates and parties in an election cycle.

Donald Trump Tax Records Show He Could Have Avoided Taxes for Nearly Two Decades, The Times Found
New York Times – David Barstow, Susanne Craig, Russ Buettner, and Megan Twohey | Published: 10/1/2016

Donald Trump reported a $916 million loss on his 1995 tax returns and could therefore have avoided paying federal income taxes for 18 years. Trump’s refusal to release any tax returns has been one of the larger clouds hanging over his campaign and one that Hillary Clinton has sought to exploit. It now appears as though the GOP nominee’s failure to come clean has backfired, with The New York Times article drawing one of the same conclusions that Clinton offered as a possible explanation for Trump’s secrecy in the first presidential debate – that he has paid little or no federal income tax for some time.

How Hillary Clinton Grappled with Bill Clinton’s Infidelity, and His Accusers
New York Times – Megan Twohey | Published: 10/2/2016

Donald Trump has criticized Hillary Clinton over Bill Clinton’s affairs and her response to them, and said he might talk more about the issue in the final weeks before the election. That could be a treacherous strategy for Trump, given his own past infidelity and questionable treatment of women. Many voters, particularly women, might see Hillary Clinton being blamed for her husband’s conduct. It could also remind voters of a searing period in American history, and in Mrs. Clinton’s life. Outwardly, she remained stoic and defiant, defending her husband. But privately, she embraced the Clinton campaign’s aggressive strategy of counterattack: women who claimed to have had sexual encounters with Bill Clinton would become targets of investigation and discrediting, tactics that women’s rights advocates frequently denounce.

Want to be a ‘Foreign Agent’? Serve in US Congress First
Politico – Joseph Schatz and Benjamin Oreskes | Published: 10/2/2016

Of the 1,009 members of Congress who have left Capitol Hill since 1990, 114 of them lobbied for or otherwise represented a foreign government, foreign-owned company, or think tank. The favorable treatment these former lawmakers seek for their clients often bumps against U.S. foreign policy or the interests of the constituents they once served, and, in some cases, they are putting foreign companies over American businesses. While a former lawmaker’s relationships do not always yield concrete results, they can open doors for foreign leaders looking to burnish their country’s reputation – or their own.

From the States and Municipalities:

Florida – Two Years Later, Curbelo Still Keeps List of Past Clients Secret
Miami Herald – Patricia Mazzei | Published: 10/3/2016

U.S. Rep. Carlos Curbelo shut down his government and public affairs consulting company after he won a seat in Congress. He closed the office to comply with a rule that bans federal lawmakers from holding outside employment. That rule, however, does not require former private consultants like Curbelo to disclose who hired them in the past. A loophole in federal disclosure requirements exempted Curbelo from listing his private clients because his firm, Capitol Gains, had been registered under the name of his wife, though she had stopped working there in 2009. Curbelo was always the firm’s principal, drawing a six-figure salary.

Kentucky – Democratic Party Insider Sentenced to 70 Months in Prison for Role in Kickback Scheme
Lexington Herald-Leader – Bill Estep | Published: 9/29/2016

Rebuked for further eroding public confidence in government, a former high-ranking official in Kentucky government was sentenced to nearly six years in prison for orchestrating a kickback scheme. Tim Longmeyer’s sentencing came after he pleaded guilty to a bribery charge for using his influence as head of the Personnel Cabinet to steer contracts to a consulting firm in 2014 and 2015. He admitted to receiving more than $200,000 in kickbacks from the firm. The judge also ordered Longmeyer to pay $203,500 in restitution.

Maryland – Top Lobbyist Represents Winner of Controversial Medical Marijuana License
Baltimore Sun – Michael Dresser | Published: 10/3/2016

The top-earning lobbyist in Annapolis, Gerald Evans, represents a company that was awarded a lucrative marijuana-growing license after a state commission pulled it from the ranks of losers and gave it a winning slot. As a result of the controversial switch, Evans’ son-in-law stands to make a lot of money. Evans represents Holistic Industries LLC, which counts Evans’ son-in-law Richard Polansky among its equity investors. Polansky is married to Evans’ daughter and lobbying partner, Hayley Evans. The commission has stressed it used a process in which evaluators did not know the identities of any of the applicants. The head of the State Ethics Commission said the law does not require a lobbyist to disclose a spouse’s stake in a business the lobbyist represents.

New York – Ethics Panel Investigating de Blasio’s Nonprofit Is Said to Issue Broad Subpoena
New York Times – William Rashbaum | Published: 10/5/2016

A state ethics panel investigating New York City Mayor Bill de Blasio’s political nonprofit organization has served a sweeping subpoena on City Hall seeking communications among the mayor, his aides, the nonprofit, its donors, and consulting firms that worked for it, people with knowledge of the matter said. The scope of the subpoena suggests a widening of the investigation by the Joint Commission on Public Ethics has been focused on whether the group, the Campaign for One New York, illegally lobbied the city in 2015. At the same time, several lawyers representing donors to the group who have been contacted by the panel said the inquiry also appeared to be focused on whether some donations from lobbyists or their clients who have business before the city actually constituted undisclosed gifts to the mayor. Any such undisclosed gifts would violate state lobbying laws.

Ohio – Ohio, Long a Bellwether, Is Fading on the Electoral Map
New York Times – Jonathan Martin | Published: 9/29/2016

After decades as one of America’s most reliable political bellwethers, an inevitable presidential battleground that closely mirrored the mood and makeup of the country, Ohio is suddenly fading in importance this year. Ohio has failed to keep up with the demographic changes transforming the U.S., growing older, whiter, and less educated than the nation at large. And the two parties have made different wagers about how to win the White House in this election: Donald Trump is relying on a demographic coalition that, while well-tailored for Ohio even in the state’s Democratic strongholds, leaves him vulnerable in the more diverse parts of the country where Hillary Clinton is spending most of her time.

Pennsylvania – State Rep. Sims’ Travel, Speaking Fees Raise Questions
City & State Pennsylvania – Ryan Briggs | Published: 10/3/2016

An investigation found Pennsylvania Rep. Brian Sims failed to properly report thousands of dollars in travel reimbursements last year while collecting more than $53,000 in speaking fees since his election in 2012. State lawmakers are banned from collecting speaking fees or other honoraria. In some cases, Sims appears to have belatedly compensated for free trips by paying for his excursions with campaign funds well after the fact, which experts say also skirts an ethical gray area. A spokesperson for Sims, Dan Siegel, defended the numerous paid speaking engagements, asserting they do not violate the state’s honorarium ban because Sims’ “speeches do not address his legislative role.”

Tennessee – Ex-Lobbyist Paid for Private Plane for Beth Harwell, Karl Dean
WBIR – Dave Boucher and Joel Ebert (The Tennessean) | Published: 9/29/2016

On the heels of news that voucher advocate Mark Gill took a group of Tennessee lawmakers on a beach trip, a different voucher advocate, attorney and former lobbyist Lee Barfield, flew legislators and politicians – including House Speaker Beth Harwell, former Nashville Mayor Karl Dean, and House Majority Leader Gerald McCormick – to North Carolina on a private plane in 2015. Barfield is on the board of directors for the American Federation for Children, a pro-voucher advocacy group. He has registered as a lobbyist in the past, but he was not registered at the time he paid for Harwell and Dean to go on the trip. “My understanding of the law, and the rules at the time, is that as a citizen, I am permitted to take these officials if they want to go on a fact-finding trip,” Barfield said.

Wisconsin – U.S. Supreme Court Won’t Take Up Walker Case
Milwaukee Journal Sentinel – Patrick Marley | Published: 10/3/2016

The U.S. Supreme Court turned away without comment an appeal in a case arising from an investigation into campaign spending in Wisconsin. Last year, the Wisconsin Supreme Court shut down a secret probe into spending to oppose an effort to recall Gov. Scott Walker. The Guardian recently disclosed about 1,500 pages of the documents which seemed to show substantial coordination between candidates and ostensibly independent groups. The public version of the prosecutors’ request for a U.S. Supreme Court review was redacted but appeared to address two main questions: whether the Wisconsin Supreme Court had been too lax in policing coordination between candidates and independent groups, and whether two state Supreme Court justices who had benefited from campaign spending should have recused themselves.

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.

Lobbying

“Lobby Firm Hires Republican Who Resigned After Ethics Investigation” by Megan Wilson for The Hill

Maryland: “Top Lobbyist Represents Winner of Controversial Medical Marijuana License” by Michael Dresser for Baltimore Sun

New York: “Ethics Panel Investigating de Blasio’s Nonprofit Is Said to Issue Broad Subpoena” by William Rashbaum for New York Times

Campaign Finance

Washington: “AG’s Office Files Election-Finance Complaint against Kim Wyman” by David Gutman for Seattle Times

Ethics

“Donald Trump Would Have Trouble Winning a Suit Over the Times’s Tax Article” by Adam Liptak for New York Times

Kentucky: “Democratic Party Insider Sentenced to 70 Months in Prison for Role in Kickback Scheme” by Bill Estep for Lexington Herald-Leader

Michigan: “11th Detroit Principal Gets 15 Months in Prison for Corruption” by Tresa Baldas for Detroit Free Press

Missouri: “Rowden Aims to Strengthen Ethics in Missouri Legislature” by Janie Matthews for Columbia Missourian

Tennessee: “New Calls for Probe over Staffer Firing in Jeremy Durham Report” by Dave Boucher and Joel Ebert for The Tennessean

Elections

“Tim Kaine and Mike Pence Clash Sharply Over Their Running Mates” by Jonathan Martin and Patrick Healy for New York Times

Legislative Issues

North Carolina: “Indicted Senator Retains Role Running Committees” by Craig Jarvis for Raleigh News & Observer

Lobbying

“Want to be a ‘Foreign Agent’? Serve in US Congress First” by Joseph Schatz and Benjamin Oreskes for Politico

Florida: “Two Years Later, Curbelo Still Keeps List of Past Clients Secret” by Patricia Mazzei for Miami Herald

Campaign Finance

“They Gave to Trump’s GOP Rivals. Now 95% Are Sitting Out the General Election” by Seema Metha, Anthony Pesce, and Maloy Moore for Los Angeles Times

Maryland: “Company Run by David Trone Broke Campaign Contribution Limits, State Prosecutors Say” by Bill Turque for Washington Post

Ethics

Alabama: “Bentley Says Impeachment Committee’s Tactics ‘Frightening’” by Mike Cason for AL.com

Hawaii: “Caldwell Aide Works Campaign for Free but Gets City Contracts” by Nick Grube for Honolulu Civil Beat

Pennsylvania: “State Rep. Sims’ Travel, Speaking Fees Raise Questions” by Ryan Briggs for City & State Pennsylvania

Elections

“In Bruce Springsteen’s America, Many Turn Toward Donald Trump” by Nick Corasaniti and Giovanni Russonello for New York Times

California: “Ballot Selfie Bill by Assemblyman Levine Signed into Law” by Richard Halstead for Marin Independent Journal

Campaign Finance

Wisconsin: “U.S. Supreme Court Won’t Take Up Walker Case” by Patrick Marley for Milwaukee Journal Sentinel

Ethics

“Drinks, Dinners, Junkets and Jobs: How the insurance industry courts state commissioners” by Michael Mishak (Center for Public Integrity) for Washington Post

California: “Brown Signs Bills to Reform CPUC, Urges Administrative Fixes Too” by Jeff McDonald for San Diego Union-Tribune

District of Columbia: “Ethics Opinion: D.C.’s Vincent Orange didn’t break rules by seeking chamber job” by Fenit Nirappil for Washington Post

New York: “State Attorney General Orders Trump Foundation to Cease Raising Money in New York” by Steve Eder for New York Times

Elections

“How Hillary Clinton Grappled with Bill Clinton’s Infidelity, and His Accusers” by Megan Twohey for New York Times

Ohio: “Ohio, Long a Bellwether, Is Fading on the Electoral Map” by Jonathan Martin for New York Times

Wisconsin: “Federal Judge Orders Investigation into Wisconsin’s Voter ID System” by Matt Zapotosky for Washington Post

Legislative Issues

Hawaii: “Hawaii Candidates Are Getting Flooded with Surveys This Year” by Nathan Eagle for Honolulu Civil Beat