National:

Accused of Sexual Harassment, Roger Ailes Is Negotiating Exit from Fox
New York Times – John Koblin and Jim Rutenberg | Published: 7/19/2016

The Murdoch family is moving to oust Roger Ailes, the chairperson of Fox News Channel, after multiple women have accused him of sexual harassment. Ailes and Fox News’s parent company are in the advanced stages of discussions that would lead to his departure, said Susan Estrich, one of Ailes’s lawyers. His exit would be a humbling and startlingly sudden fall from power for a man who started Fox News from scratch 20 years ago and built it into a top-rated cable news network. Along the way, Ailes, a former Republican operative, established Fox News as the leading media platform for conservative politics.

Federal:

Behind Melania Trump’s Cribbed Lines, an Ex-Ballerina Who Loved Writing
New York Times – Jason Horowitz | Published: 7/20/2016

Meredith McIver, a speechwriter for Donald Trump’s private company, took the blame for apparent plagiarism in Melania Trump’s speech at the Republican National Convention. McIver, the co-author of several books with Donald Trump, said as she and Ms. Trump were preparing her speech, Ms. Trump mentioned she admired Michelle Obama and read to McIver parts of the first lady’s 2008 speech at the Democratic convention. McIver said she had inadvertently left portions of the Obama speech in the final draft.

Donald Trump May Break the Mold, but He Fits a Pattern, Too
New York Times – Alexander Burns | Published: 7/21/2016

Donald Trump’s candidacy has upended the Republican Party, baffling and then vanquishing opponents who dismissed him as a celebrity sideshow. Even now, many prefer to treat his success as a freak occurrence without precedent in U.S. history. But if Trump will be the first figure of his kind to claim a presidential nomination, his candidacy falls within an American tradition of insurgent politics that has found expression in other moments of social and economic rupture, often attaching itself to folk heroes from the world of big business or the military.

G.O.P.’s Moneyed Class Finds Its Place in New Trump World
New York Times – Nicholas Confessore | Published: 7/21/2016

Donald Trump has attacked lobbyists, disparaged big campaign donors, and railed against the party’s establishment. But at the Republican National Convention, beyond the glare of television cameras, the power of the permanent political class seemed virtually undisturbed. In Cleveland, even some of those who had worked against Trump’s candidacy now saw opportunity. In dozens of private receptions, they inspected their party’s new Trump faction with curiosity and hope. There were spheres of influence to carve out, money to raise and money to be made, whether or not Trump ended up in the White House. There were new friends to make and old relationships to nurture.

The Man Behind Citizens United Gears Up for Hillary Clinton Attacks
USA Today – Fredreka Schouten | Published: 7/20/2016

Political operative David Bossie, as much as any single person, is responsible for the nearly unrestricted flow of money pouring into the 2016 presidential campaign. He runs the conservative advocacy group Citizens United, and his attempt to distribute his anti-Hillary Clinton movie gave rise to the U.S. Supreme Court’s 2010 blockbuster decision, which allowed corporations and unions to spend unlimited amounts to influence elections. Bossie is the new leader of the Defeat Crooked Hillary PAC, which plans to merge cutting-edge technology and old-fashioned opposition research in a push to sink the Democrats’ presumptive presidential nominee. At the same time, Bossie is moving closer to the inner circle of the Republican Party.

Why We Don’t Know Who’s Funding the Republican Convention
Time – Haley Sweetland Edwards and Chris Wilson | Published: 7/17/2016

The Republican National Convention in Cleveland is the first time in four decades that a major political party’s nominating convention is underwritten nearly exclusively with private cash. The near total dependence on private money is the direct result of a series of recent federal rule changes. The new rules, which passed with little fanfare in 2014, allow individual donors to give ten times more to national parties they could in 2012. They also fail to close a loophole allowing corporations, lobbying firms, super PACs, and special interest groups, which are formally prohibited from giving to the parties’ conventions, to give unlimited amounts through special, nonprofit committees, which are not bound by normal disclosure rules. As a result, the public will not find out who the major corporate funders are to either the Republican or Democratic conventions until sometime in the fall.

From the States and Municipalities:

Colorado – Denver Campaign Finance Reform Proposal Pulled from Ballot
Denver Post – Claire Cleveland | Published: 7/18/2016

A proposed ballot initiative in Denver that would reign in big campaign contributions and set up a public financing system for city elections has been withdrawn by its backers. The measure was challenged by David Kenney, a political consultant and lobbyist. The challenge alleges the initiative is so wide-ranging that it violates a single-subject rule for ordinances and says the ballot title approved by the Denver Elections Division inadequately summarizes the measure and includes words intended to sway voters.

Kentucky – Corporations Can Now Make Political Donations in Kentucky
WFPL – Ryland Barton | Published: 7/18/2016

The Kentucky Registry of Election Finance agreed to the final judgment in a lawsuit challenging the unequal treatment of unions and corporations under the state’s campaign finance law. A judge struck down the law that allowed only unions, not corporations, to give money directly to state and local political candidates, and to also support candidates through union-funded PACs. Now, both corporations and unions will be allowed to donate to PACs, and neither will be allowed to make direct contributions to candidates. The new law will affect state and local candidates, not candidates for federal office.

Missouri – Who Made the Biggest Political Donation in Missouri History? Ask After the Election
St. Louis Post-Dispatch – Kevin McDermott | Published: 7/19/2016

The super PAC SEALs for Truth gave the largest political contribution to an individual candidate in Missouri history when it donated $1.975 million to gubernatorial candidate Eric Greitens, who is a former Navy SEAL. The group received the $1.975 million between July 1 and July 18, when it gave the cash to Greitens. But it does not have to publicly reveal where that money originally came from until later in the year, well after the state’s August 2 primaries are over. Missouri election officials have said they have no way to restrict money donated from federal PACs to state candidates, as long as it is disclosed publicly.

New Jersey – David Samson, Ally of Christie, Admits to Bribery Over Airline Route
New York Times – Patrick McGeehan | Published: 7/14/2016

David Samson, the embattled former chairperson of the Port Authority of New York and New Jersey, pleaded guilty to using his clout to coerce one of the nation’s largest airlines to accommodate his desire for a regularly scheduled, non-stop flight to his South Carolina summer home. Samson, a well-connected lawyer and one-time New Jersey attorney general, pleaded guilty to one charge of bribery for accepting a benefit of more than $5,000 from United Airlines. At the same time, United – which was not criminally charged – agreed to pay a fine of $2.25 million and pledged to reform to its compliance program.

Ohio – In Cleveland’s Public Square, Rights Are Exercised. Loudly.
New York Times – Dan Barry | Published: 7/19/2016

While the Republican National Convention was being held at Quicken Loans Arena in Cleveland, there was a parallel national conversation in a 10-acre downtown commons called Public Square, where people have colorfully debated one another since before Ohio was a state. The congregation in the square included protesters and counter-protesters, young capitalists and socialists, delegates away from home and locals without a home, a man with a pet iguana and a man with a semiautomatic rifle. “The Hyde Park of Cleveland,” said John Grabowski, a history professor at Case Western Reserve University and a Cleveland native. “[People] would come to vent. But they would also come to celebrate.”

Pennsylvania – Kathleen Kane’s Staff Gives Job Interview to Son of Key Prosecution Witness Against Her
Allentown Morning Call – Steve Esack | Published: 7/20/2016

Just three weeks before Pennsylvania Attorney General Kathleen Kane’s criminal trial is scheduled to begin, her top aides interviewed the son of a key witness against her for a job in her office, raising questions about a conflict-of-interest and inappropriate influence.  Matthew Peifer was interviewed for a position in the Child Predator Unit, which is headed by Kane’s twin, Ellen Granahan. He is the son of David Peifer, a onetime Kane confidant and a top agent in the attorney general’s office who last year agreed to cooperate with prosecutors in exchange for immunity. Kane is facing charges for allegedly leaking secret grand jury information to the media and lying when asked about it under oath.

Rhode Island – Ethics Commission Adopts Moratorium on Complaints for 90 Days before General Election
Rhode Island Public Radio – Ian Donnis | Published: 7/19/2016

The Rhode Island Ethics Commission voted to adopt a moratorium on outside ethics complaints in the 90 days before a general election. The moratorium is intended to discourage politically motivated complaints, although the panel reserves the right to launch its own investigations, said commission attorney Jason Gramitt. Voters will decide this November if they want to restore the Ethics Commission’s conflict-of-interest oversight over the General Assembly.

Tennessee – The Culture That Allowed Durham to Thrive
The Tennessean – Dave Boucher and Joel Ebert | Published: 7/17/2016

Tennessee House Speaker Beth Harwell says nothing could have stopped state Rep. Jeremy Durham, who used his nearly five years in elected office to methodically harass or sexually take advantage of at least 22 women. “I don’t think anything could have avoided what happened; he violated our current policy and I think he would violate any policy,” Harwell said. Many lawmakers, staffers, and lobbyists knew about his predatory misbehavior for years but did not speak up to stop him, according to the findings of an attorney general’s investigation. The culture at the Capitol emphasizes deals between lawmakers, lobbyists, and staff over alcohol, late nights, and loyalty to a fault. It is also a culture where many female lobbyists, legislative staffers, and lawmakers expect to have to fend off sexual advances by some men at the statehouse.

Utah – Prosecutors Seek to Drop All Charges Against Ex-A.G. Shurtleff; Swallow Prosecution Proceeding
Salt Lake Tribune – Jennifer Dobner | Published: 7/18/2016

Prosecutors moved to drop “pay-to-play” charges against former Utah Attorney General Mark Shurtleff, a surprise retreat more than two years after state investigators arrested him and his successor, John Swallow, citing a pattern of favors and gifts traded with a cast of questionable businesspersons. Davis County Attorney Troy Rawlings said in court documents that a recent U.S. Supreme Court decision overturning the bribery conviction of former Virginia Gov. Bob McDonnell narrowed what could be charged in influence-peddling cases.

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

“Lobbyists Have Raised $7 Million for Hillary Clinton. For Trump? Zero” by Catherine Ho for Washington Post

South Carolina: “Departing S.C. House Ethics Committee Chairman Accepts Government Affairs Consulting Job” by Maya Prabhu for Charleston Post and Courier

Campaign Finance

“States Can Bring Political ‘Dark Money’ into the Light” by Ann Ravel for Los Angeles Times

Illinois: “Who Is Funding Group Challenging Redistricting?” by Sophia Tareen (Associated Press) for WTOP

Missouri: “Who Made the Biggest Political Donation in Missouri History? Ask After the Election” by Kevin McDermott for St. Louis Post-Dispatch

Ethics

“Accused of Sexual Harassment, Roger Ailes Is Negotiating Exit from Fox” by John Koblin and Jim Rutenberg for New York Times

Pennsylvania: “Kathleen Kane’s Staff Gives Job Interview to Son of Key Prosecution Witness Against Her” by Steve Esack for Allentown Morning Call

Elections

“‘Just Look Around’: A Hispanic delegate doesn’t see the party she’s rooting for” by Robert Samuels for Washington Post

“How Donald Trump Picked His Running Mate” by Robert Draper for New York Times

Ohio: “In Cleveland’s Public Square, Rights Are Exercised. Loudly.” by Dan Barry for New York Times

Lobbying

“UFC’s Payday Comes at the End of an Odyssey through Statehouses” by Richard Sandomir and Ken Belson (New York Times News Service) for Las Vegas Sun

New York: “De Blasio’s Nonprofits: Were they worth it?” by Samar Khurshid for Gotham Gazette

Campaign Finance

“In Choosing Mike Pence, Donald Trump Moves Closer to Big Donors” by Nicholas Confessore for New York Times

Colorado: “Denver Campaign Finance Reform Proposal Pulled from Ballot” by Claire Cleveland for Denver Post

Kentucky: “Corporations Can Now Make Political Donations in Kentucky” by Ryland Barton for WFPL

Ethics

Rhode Island: “Ethics Commission Adopts Moratorium on Complaints for 90 Days before General Election” by Ian Donnis for Rhode Island Public Radio

Elections

“How Melania Trump’s Speech Veered Off Course and Caused an Uproar” by Maggie Haberman and Michael Barbaro for New York Times

“Inside the GOP’s Shadow Convention” by Shane Goldmacher for Politico Magazine

Kansas: “ACLU Sues Kansas Over Voting Rule for State, Local Races” by Roxana Hegeman (Associated Press) for Philadelphia Inquirer

Virginia: “Virginia High Court Considers Whether McAuliffe Erred in Restoring Felons’ Voting Rights” by Fenit Nirappil for Washington Post

Lobbying

“Reluctant Lobbyists Descend on Cleveland” by Megan Wilson for The Hill

Campaign Finance

“Clinton Pledges Constitutional Amendment to Overturn Citizens United Ruling” by Benjamin Oreskes for Politico

“Mike Pence Used Campaign Funds to Pay His Mortgage – and it Cost Him an Election” by Rosalind Helderman, Tom Hamburger, and Alice Crites for Washington Post

“Why We Don’t Know Who’s Funding the Republican Convention” by Haley Sweetland Edwards and Chris Wilson for Time

New Jersey:”Watchdogs Cheer Disclosure of $1M Donor to Super PAC Linked to Fulop” by Terrence McDonald (Jersey Journal) for NJ.com

Oklahoma: “Oklahoma Schools May Suspend Popular Fundraiser over Political Promo” by D.E. Smoot (Muskogee Phoenix) for Times Record

Ethics

Tennessee: “The Culture That Allowed Durham to Thrive” by Dave Boucher and Joel Ebert for The Tennessean

Utah: “Prosecutors Seek to Drop All Charges Against Ex-A.G. Shurtleff; Swallow Prosecution Proceeding” by Jennifer Dobner for Salt Lake Tribune

Elections

“Donald Trump’s Ghostwriter Tells All” by Jane Mayer for New Yorker

Legislative Issues

“Paul Ryan Blasted for Picture of Congressional Interns with Few Minorities” by Christopher Brennan for New York Daily News

Lobbying

New York: “Jackson Lewis Lands 39-Member Wilson Elser Lobbying Group” by Christine Simmons for New York Law Journal

Campaign Finance

California: “Commerce Councilwoman Faces State’s Largest-Ever Penalty Against a Local Elected Official” by Adam Elmahrek for Los Angeles Times

District of Columbia: “Vincent Gray 2010 Campaign Chauffeur Sentenced to a Year’s Probation” by Keith Alexander for Washington Post

Indiana: “No Criminal Charges for Monarch Beverage in Campaign Contributions Investigation” by Jill Disis and Tony Cook for Indianapolis Star

Ethics

“U.S. Rep. Ed Whitfield Broke House Rules, Committee Finds” by R.G. Dunlop for Kentucky Center for Investigative Reporting

Florida: “Carrie Meek’s Daughter Involved in $5 Million Land Deal Through Mom’s Foundation” by Douglas Hanks for Miami Herald

New Jersey: “David Samson, Ally of Christie, Admits to Bribery Over Airline Route” by Patrick McGeehan for New York Times

Oregon: “Court Tosses Out Subpoena in Kitzhaber Investigation” by Andrew Selsky (Associated Press) for Everett Herald

Elections

“Donald Trump Officially Picks Mike Pence as His Running Mate” by Philip Rucker and Robert Costa for Washington Post

We are excited to debut our very first weekly News You Can Use Video Digest!

Integrity Commissioner Robert Marleau suggested updates to the city’s lobbying laws after investigating the practices of Sinking Ship Entertainment.

The investigation found Sinking Ship Entertainment failed to register as a lobbyist within the 15-day deadline during efforts to sell a playground conceptual design to the city. The company indicated it was unaware its communications with city staff counted as lobbying. Additionally, city councilors failed to advise the company about the need to register.

Marleau reluctantly gave Sinking Ship Entertainment permission to register its lobbying activity after the fact in order to achieve transparency.

National:

Gay Political Power Reaching Record as U.S. Attitudes Shift
Bloomberg.com – Jeff Green | Published: 7/11/2016

Opponents are planning a campaign to roll back the new rights on same-sex marriage and military service won by gay Americans this year. That offensive, in state Legislatures and Washington, D.C., has raised the stakes in the 2016 election for the lesbian, gay, bisexual, and transgender community, which is trying to leverage its unprecedented political power to elect lawmakers who would extend federal protections at work and home to gay citizens, just as the Civil Rights Act of 1964 protected race, religion, and gender. It is difficult to put a specific dollar amount on LGBT money in politics. But there is no question the spending is much more visible than it was two decades ago, said Democratic National Committee Treasurer Andrew Tobias.

How Private Equity Found Power and Profit in State Capitols
New York Times – Ben Protess, Jessica Silver-Greenberg, and Rachel Abrams | Published: 7/14/2016

Since the 2008 financial crisis, private equity firms have expanded their influence, assuming a pervasive, if clandestine, role in American life, an investigation found. Sophisticated political maneuvering – including winning government contracts, shaping public policy, and deploying former public officials to press their case – is central to this growth. Yet even as private equity wields influence in states and in Washington, D. C., it faces little public awareness of its activities. Private equity firms often do not directly engage with lawmakers and regulators – the companies they control do. And because private equity’s interests are so diverse, the industry interacts with governments not only through lobbying, but also as contractors and partners on public projects.

Federal:

Donald Trump and Hillary Clinton Struggle to Be Unifying Voice for Nation
New York Times – Patrick Healy | Published: 7/9/2016

Traumatic events have at times become opportunities for presidential candidates to step up and grow in the eyes of the American public, such as when Bill Clinton went to Los Angeles in 1992 in the aftermath of the riots there, or when Barack Obama pushed for aggressive, bipartisan action from the federal government to stem the banking crisis and protect taxpayers. No moment in the 2016 presidential campaign has cried out more for a unifying candidate than the police shootings of two black men and the ensuing national uproar, followed by the sniper ambush that killed five police officers in Dallas. And no other moment has revealed more starkly how hard it is for Donald Trump and Hillary Clinton to become that candidate. Never have two presidential nominees been as unpopular as Trump and Clinton, and they are not fully trusted by their own parties nor showing significant crossover appeal in the polls.

Koch-Backed ‘Dark Money’ Groups Fined for Failing to Disclose Donors
Center for Public Integrity – John Dunbar | Published: 7/13/2016

The FEC fined three nonprofit groups formerly connected with the political network of Charles and David Koch a total of $233,000, a rare intervention by the agency into the world of outside spending. Each of the groups ran political advertisements to support U.S. House candidates during the 2010 election. The FEC’s investigation provides a look into the interlocking networks of political nonprofits on the right, through which vast sums of money flow each election cycle with little disclosure. Such groups are not required to report their donors and typically trade large amounts of cash during each election cycle, making it difficult to judge which dollar from which donor is used for any particular activity.

US Rep. Corrine Brown Indicted After Fraud Investigation
ABC News – Jason Dearen and Curt Anderson (Associated Press) | Published: 7/8/2016

U.S. Rep. Corrine Brown of Florida and her chief of staff, Elias Simmons, were charged with 24 counts of fraud and other crimes that prosecutors said allowed them to use an education nonprofit as a “personal slush fund.” The indictment alleges Brown and Simmons used the One Door for Education-Amy Anderson Scholarship Fund to solicit $800,000 in charitable donations between 2012 and 2016. The money was used for Brown’s personal benefit, among other things, including “tens of thousands of dollars in cash deposits” sent to her personal bank accounts, according to prosecutors. Carla Wiley, former head of the Virginia-based One Door for Education, pleaded guilty to conspiracy to commit wire fraud earlier this year and was cooperating with investigators.

From the States and Municipalities:

Alabama – Mike Hubbard Sentenced to Four Years in Prison
Tuscaloosa News – Kim Chandler (Associated Press) | Published: 7/8/2016

Former Alabama House Speaker Mike Hubbard was sentenced to four years in prison for violating the state’s ethics law. He also faces $210,000 in fines. A jury convicted him of using his office to secure consulting contracts and investments from lobbyists or those who employ them. He was also found guilty of using staff members to do work for his private clients, voting for a budget that would have benefitted a client, and lobbying Gov. Robert Bentley on behalf of a client. At trial, Hubbard’s defense team argued that many of the charges he faced fell under an exemption in the law that allows public officials to exchange things of value with those they have long-standing friendships with.

California – Lyft Agrees to $6,000 FPPC Fine for Not Reporting Lobbying Costs
Sacramento Bee – Taryn Luna | Published: 7/11/2016

The ride-hailing firm Lyft agreed to pay $6,000 in fines for repeatedly being late in disclosing its use of lobbyists to influence California officials. An investigation by Fair Political Practices Commission staff alleged Lyft failed to file in a timely manner five lobbyist employer reports. During the 2013–2014 legislative session, Lyft spent more than $271,000 on lobbying related to four transportation-regulating bills. One report was filed 530 days late, although Lyft did not conduct any lobbying during the quarter. Other reports, during which there was activity, were filed from 11 to 165 days late. “According to Lyft, the late filing was an oversight caused by Lyft’s reliance on its lobbying firms to file its reports and its lack of experience as a lobbyist employer,” the staff report said.

Louisiana – Good Idea Gone Awry? How Term Limits Impact Sessions of Louisiana Legislature
New Orleans Advocate – Mark Ballard | Published: 7/9/2016

Term limits in Louisiana, which require state representatives and senators to step down after 12 years to make way for new lawmakers, were billed by supporters as a way to create a Legislature that would be more responsive to voters and allow for thinking “outside the box” to solve persistent governmental problems. But term limits also sapped legislators of historical knowledge, hardened political positions, and undermined the relationships that are essential ingredients to actually operating the machinery of government, some lawmakers, lobbyists, and political operatives say.

Missouri – Andy Blunt Came to Washington – Was It Lobbying?
St. Louis Post-Dispatch – Chuck Raasch | Published: 7/7/2016

When it was announced last year that Andy Blunt would manage the re-election campaign of his father, U.S. Sen. Roy Blunt, Missouri Democrats accused the younger Blunt of a conflict-of-interest. In December, Andy Blunt said that “I lobby in the state of Missouri, not the United States Congress, and there is a clear distinction.” But in April, Andy Blunt helped lead a delegation of Missouri cable television executives in meetings with members of the Missouri congressional delegation or their staffs. The younger Blount said he did not consider the meetings to be lobbying. Rather, he said, they were part of an annual “meet-and-greet” trip to Washington. The revelations rekindle questions about where Andy Blunt’s lobbying for clients ends and his advocacy for his father’s re-election campaign begins.

New York – Fight Over Emails Yields New Details on Role of Outside ‘Agents’ for de Blasio
New York Times – J. David Goodman | Published: 7/7/2016

After the rocky conclusion to his first year in office, New York City Mayor Bill de Blasio sought counsel at the start of 2015 from his most trusted advisers. The mayor’s office and a few outside consultants discussed internal opinion surveys and formulated strategy on some of de Blasio’s most pressing concerns. These internal discussions about public matters are now part of a court battle as lawyers for a nonprofit aligned with the mayor are fighting to keep those emails confidential, resisting subpoenas for that information by the Joint Commission on Public Ethics. The legal strategy appeared to clarify what had been one of the more puzzling moments of the de Blasio era: the description of five outside consultants as “agents of the city.”

Ohio – Dallas Shooting and Open-Carry Laws Loom Over Cleveland Convention Plans
New York Times – Yamiche Alcindor | Published: 7/11/2016

The recent violence in Dallas is intensifying worries in Cleveland about visitors and protesters taking firearms downtown during the Republican National Convention, where thousands of people plan to demonstrate. Ohio’s open-carry laws mean that those who legally own guns can take them into the two-square-mile area where many of the events and protests connected to the convention will be held. Cleveland’s police chief said that after the Dallas shootings, the city would be changing its security plans but did not go into detail. Meanwhile, some are planning to take their own security forces to Cleveland.

Pennsylvania – Consulting Business Owned by Mike Fleck Fined $11,850 by State
Allentown Morning Call – Emily Opilo | Published: 7/11/2016

Hamilton Development Partners, a former Allentown business at the center of an FBI investigation in the city, was cited by the Pennsylvania Ethics Commission. The firm failed to file a quarterly expense report with the Department of State for the third quarter of 2015 as required by the state lobbying law. It owes an $11,850 fine – $50 per day for each of the 237 days that the report has been considered late. The firm has been ordered to file an expense report in the next 30 days or face “appropriate enforcement action.” Failure to report under the law is considered a misdemeanor punishable with an up to five-year ban on lobbying in Pennsylvania.

Tennessee – Jeremy Durham Had Sexual ‘Interactions’ with 22 Women, Report Says
The Tennessean – Dave Bouchard and Joel Ebert | Published: 7/13/2016

State Rep. Jeremy Durham engaged in inappropriate conduct with women that constitutes disorderly behavior and warrants expulsion, said a report from the Tennessee attorney general, but a special legislative committee is leaving up to voters to decide whether the embattled lawmaker will continue serving in the Legislature. The investigation found Durham had sexually engaged with current and former female legislative staff, interns, lobbyists, and others between 2012, when he first took office, and the 2016 legislative session. The main findings of the attorney general’s report mirror the office released in April, when it found Durham had engaged in inappropriate physical contact and potentially posed a “continuing risk to unsuspecting women.” That determination led to Durham’s office being moved out of Legislative Plaza and his access to staff limited.

Washington – Supporters of Campaign Finance Measure Submit Signatures
Yakima Herald – Rachel LaCorte (Associated Press) | Published: 7/8/2016

More than 326,000 signatures have been turned in to the Washington secretary of state’s office in support of a proposed ballot measure that would make a series of campaign finance changes. Initiative 1464 seeks to do several things, including creating a voucher system that would give voters three $50 “democracy credits” that they can use in state races every two years. It would also impose tougher disclosure requirements on political advertisements and limit the amount of money that contractors and lobbyists can give to candidates. The ballot measure also would impose a three-year waiting period before former elected officials and senior staff can lobby their previous employers and colleagues. An initiative requires at least 246,372 valid signatures of registered state voters to be certified.

Wisconsin – Ex-AG Lautenschlager Named to Lead New Ethics Commission
Milwaukee Journal Sentinel – Patrick Marley | Published: 7/11/2016

Former Wisconsin Attorney General Peg Lautenschlager was selected as chairperson of the state’s new Ethics Commission, and the job of administrator was given to a former analyst of the nonpartisan board the panel was created to replace. Lautenschlager had to pay a fine to the previous ethics agency following her arrest for drunken driving in 2004. Brian Bell accepted the offer to be the administrator of the commission. He is a budget and policy analyst for the Wisconsin Department of Safety and Professional Services. He also previously worked for the Government Accountability Board as an ethics and accountability specialist.

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

“Lyft Agrees to $6,000 FPPC Fine for Not Reporting Lobbying Costs” by Taryn Luna for Sacramento Bee

Campaign Finance

Florida: “Raising Money for the Mayor, and Making Money from His Administration” by Douglas Hanks for Miami Herald

New Jersey: “Jersey City Mayor, Councilman at Odds Over Planned Pay-to-Play Changes” by Terrence McDonald (Jersey Journal) for NJ.com

Washington: “Public Disclosure Commission Recommends Action Against Eyman” by Chris Winters for Everett Herald

Ethics

Pennsylvania: “A.G. Office: Philly lobbyist misused welfare grants to pay for line dancing lessons, other expenses” by Claudia Vargas and Jeremy Roebuck for Philadelphia Inquirer

Wisconsin: “Ex-AG Lautenschlager Named to Lead New Ethics Commission” by Patrick Marley for Milwaukee Journal Sentinel

Elections

“Gay Political Power Reaching Record as U.S. Attitudes Shift” by Jeff Green for Bloomberg.com

“Bernie Sanders Endorses Hillary Clinton” by MJ Lee, Dan Merica, and Jeff Zeleny for CNN

“Dallas Shooting and Open-Carry Laws Loom Over Cleveland Convention Plans” by Yamiche Alcindor for New York Times

Legislative Issues

Louisiana: “Good Idea Gone Awry? How Term Limits Impact Sessions of Louisiana Legislature” by Mark Ballard for New Orleans Advocate

Lobbying

“In Brussels and London, Lobbyists Retool for Brexit Unknowns” by Quentin Ariès and Kalina Oroschakoff for Politico

Pennsylvania: “Consulting Business Owned by Mike Fleck Fined $11,850 by State” by Emily Opilo for Allentown Morning Call

Campaign Finance

Colorado: “Political Consultant Files Legal Challenge to Stop Denver Campaign Finance Reform Proposal” by Jon Murray for Denver Post

Maine: “Top Legislators’ PACs Reap Thousands from Key Donors” by Colin Woodard for Portland Press Herald

Montana: “Review of Montana’s Political Party Committees Underway, Some Will Be Reclassified” by Troy Carter for Bozeman Daily Chronicle

Washington: “Supporters of Campaign Finance Measure Submit Signatures” by Rachel La Corte (Associated Press) for Yakima Herald

Ethics

California: “Beaumont, Stunned by Years of Alleged Corruption, Has Been ‘Turned Upside Down’” by Paloma Esquivel for Los Angeles Times

New Mexico: “Former Sen. Phil Griego to Face Trial on Nine Corruption Charges” by Dan Boyd for Albuquerque Journal

Virginia: “Crime Commission Attorney Named New Director of Va. Ethics Council” by Graham Moomaw for Richmond Times-Dispatch

Elections

“Donald Trump and Hillary Clinton Struggle to Be Unifying Voice for Nation” by Patrick Healy for New York Times

Lobbying

Missouri: “Andy Blunt Came to Washington – Was It Lobbying?” by Chuck Raasch for St. Louis Post-Dispatch

Rhode Island: “Providence Landlords Face Pressure to Register as Lobbyists” by Dan McGowan for WPRI

Ethics

“US Rep. Corrine Brown Indicted After Fraud Investigation” by Jason Dearen and Curt Anderson (Associated Press) for ABC News

Alabama: “Mike Hubbard Sentenced to Four Years in Prison” by Kim Chandler (Associated Press) for Tuscaloosa News

Florida: “Court OKs Rivera Ethics Fine – But Will State House Speaker Impose It?” by Patricia Mazzei for Miami Herald

Hawaii: “Councilman Calls for Audit Amid Honolulu Ethics Commission Chaos” by Nick Grube for Honolulu Civil Beat

Kentucky: “Ethics Complaint Challenges Bevin Executive Order” by Joseph Gerth for Louisville Courier-Journal

New York: “Fight Over Emails Yields New Details on Role of Outside ‘Agents’ for de Blasio” by J. David Goodman for New York Times

Texas: “Ken Paxton’s ‘Family Friends’ Help Foot Legal Bill, Disclosure Shows” by Jim Malewitz for Texas Tribune

Utah: “Are Utah Taxpayers Footing Bill for Land-Transfer Lawyers’ Lavish Travel?” by Brian Maffly for Salt Lake Tribune

Washington: “Ethics Panel Approves $10K Fine for Seattle Transportation Chief” by Daniel Beekman for Seattle Times

Elections

“Would Donald Trump Quit if He Wins the Election? He Doesn’t Rule It Out” by Jason Horowitz for New York Times

The City Council of Côte Saint-Luc passed a formal resolution stating opposition to proposed changes to Quebec’s Lobbying Transparency and Ethics Act.

The council opposes the measure that would require nonprofit groups to register as lobbyists. The resolution is being sent to the Quebec Lobbyists Commissioner and the Minister of Quebec Intergovernmental Affairs.

Federal:

Can Super PACs Be Put Back in the Box?
Washington Post – Matea Gold | Published: 7/6/2016

A powerhouse legal team representing a bipartisan group of members of Congress and candidates is unleashing a new effort to overturn the case that gave rise to super PACs, part of a new strategy to rein in the big money that has poured into campaigns since 2010. They are targeting a case decided by U.S. Court of Appeals for the District of Columbia Circuit in 2010: SpeechNow.org v. FEC. That decision permitted a conservative group to raise money beyond the contribution limits placed on traditional PACs because it planned to spend its funds independently of a candidate or party. In doing so, the appellate court paved the way for new political vehicles, later dubbed super PACs for their ability to accept unlimited amounts from individuals and corporations.

F.B.I. Director James Comey Recommends No Charges for Hillary Clinton on Email
New York Times – Mark Landler and Eric Lichtblau | Published: 7/5/2016

FBI Director James Comey said his agency is recommending that no charges be brought against Hillary Clinton in connection with her email use while secretary of State. “No reasonable prosecutor” would bring such a case, Comey said. But although the FBI is not recommending charges, Comey did strongly criticize Clinton’s handling of classified information in her email, calling is “extremely careless.” The announcement comes three days after FBI agents and Justice Department officials interviewed Clinton. The FBI has been seeking to determine whether Clinton or any of her aides had mishandled classified information in connection with her email. The inspector general of the intelligence agencies had said the emails contained information that was classified at the time they were sent but were not marked classified, and the information should never have been sent on an unclassified system.

Koch Brothers’ Plight Likened to That of Civil Rights Workers in the 1950s
Center for Public Integrity – John Dunbar | Published: 7/5/2016

Charles and David Koch and civil rights pioneers have faced threats and harassment from those who disagree with their views, and each is entitled to privacy when it comes to disclosing certain kinds of information to the government, a federal judge ruled. But the decision has been controversial; comparing the travails of billionaires to the violent threats endured by civil rights workers in the 1950s is more than a stretch, say some of those familiar with the case – it is offensive. The case represents just the latest front in an ongoing battle being waged by a range of mostly conservative groups attempting to keep donors to political nonprofits hidden from view. Many of the legal battles revolve around interpretation of a crucial civil rights case from 1958: NAACP v. Alabama.

Lockheed’s Top Government Affairs Official Not Registered as Lobbyist
Politico – Austin Wright and Jeremy Herb | Published: 7/3/2016

The top government affairs official at Lockheed Martin, the world’s largest defense contractor, has not registered as a lobbyist. The company maintains that Robert Rangel, its senior vice president for government affairs since early last year, is not required to disclose his efforts to influence Congress and the executive branch. He does not meet all the legal requirements outlined in the law that governs lobbying disclosures, Lockheed says, including the percentage of his time he actually spends trying to influence government officials. His decision not to register, however, goes against both company precedent and the practices of other top defense firms.

Special Interests Look to Influence Political Conventions – Discreetly
Center for Public Integrity – Carrie Levine | Published: 7/7/2016

Corporations, unions, and other special interests will spend tens of millions of dollars to bankroll festivities at the Democratic and Republican national conventions. Some high-profile companies and individual donors are scaling back on giving to the host committees as they want to distance themselves from controversies surrounding Donald Trump. Meanwhile, many special interests will participate in convention-related activities, but they have become more creative in how they influence conventioneers, or are refusing to discuss their convention plans. “They want to show up, they want to rub elbows with everyone at the conventions, they just don’t want the corporate name out there,” said Craig Holman, a lobbyist for Public Citizen who has tracked influence efforts at the conventions.

The Lobbying Reform That Enriched Congress
Politico – Isaac Arnsdorf | Published: 7/3/2016

In the wake of the Jack Abramoff scandal, Democrats seized on the chaos to retake both chambers of Congress, promising voters they would change what they called a “culture of corruption.” Their attempt to make good on that promise, the Honest Leadership and Open Government Act of 2007, was embraced by both parties as a historic breakthrough. But critics say the result of the law is very nearly the opposite of what the American public was told it was getting at the time. Not only did the lobbying reform bill fail to slow the “revolving door,” it created an entire class of professional influencers who operate in the shadows.

From the States and Municipalities:

Connecticut – Anthem-Cigna Controversy Exposes Gaps in Ethics Rules
Connecticut Mirror – Mark Pazniokas | Published: 7/5/2016

Connecticut Insurance Commissioner Katharine Wade’s refusal to recuse herself from ruling on the Anthem-Cigna merger has provoked a reappraisal of state ethics regulators, who heavily rely on the self-reporting of public officials, and an ethics code that may be clearer to lawyers than lovers of English. Wade, a former Cigna vice president of government affairs, in February did not try to hide the fact that her staff was reviewing Anthem’s application to acquire Cigna for $54 billion. “On behalf of the Department, I signed a contract with an independent economist to assist Department staff in their review of the Anthem Form A application. Presently, there are no Cigna matters before me,” Wade wrote to the Office of State Ethics. Wade declined recently to say what basis she concluded there were no Cigna matters before her under the meaning the state ethics code, given that she already has asserted her intention to rule on the merger.

Massachusetts – Senate Slow to Embrace DeLeo Ethics Panel
Lowell Sun – Matt Murphy (State House News Service) | Published: 7/7/2016

Massachusetts House Speaker Robert DeLeo’s efforts to jumpstart a review of the state’s ethics, campaign finance, and lobbying laws has hit a roadblock in the Senate, where leaders so far have refused to go along out of concern the broad scope of the speaker’s proposed review would lead to a dead end. DeLeo had offered a resolve that would have created a joint task force of the House, Senate, and Gov. Charlie Baker’s administration to review the state’s complex ethics laws. The House referred the speaker’s proposal to a joint committee, but so far the Senate has refused to admit the bill, leaving open the possibility that the House could choose to work with the governor alone on the review.

Michigan – Unions Win Injunction Blocking Michigan Fundraising Law
Detroit News – Jonathan Oosting | Published: 7/1/2016

A U.S. District Court Judge granted a preliminary injunction against a law passed by the Michigan Legislature last year that would make it easier for corporations to deduct money from employees’ paychecks for their own PACs while forbidding them from making similar deductions on behalf of labor unions. It is the second preliminary injunction from a federal judge against a provision of the law, which also prohibited local government officials from distributing information about ballot proposals, a restriction dubbed a “gag order” by critics.

Minnesota – Lobbying in Minnesota: Spending has nearly doubled since 2002
St. Paul Pioneer Press – Rachel Stassen-Berger | Published: 7/4/2016

Special interest groups have spent $800 million lobbying government officials in Minnesota over the last 13 years. The St. Paul Pioneer Press review also found the amount of annual spending has doubled and the number of lobbying clients has tripled. Business interests have dominated the spending annually, making up about half of the lobbying expenditures every year since 2002. Utilities have spent the most, followed by the health industry. Spending or the lack thereof does not always translate to influence, however. Good lobbyists, say lobbyists and lawmakers alike, know that. “Lobbyists don’t write laws … lobbyists write ideas. Lobbyists write suggestions,” said Tom Lehman, who has been a lobbyist for 26 years.

New York – Agency Clears Mayor de Blasio and Nonprofit of Campaign Finance Violations
New York Times – Vivian Yee | Published: 7/6/2016

The New York City Campaign Finance Board determined a nonprofit closely linked to Mayor Bill de Blasio did not spend money to bolster the mayor’s re-election bid, but the board said the group’s spending raised serious policy issues. The board said Campaign for One New York’s 2014 spending was not campaign-related, primarily because it occurred so far from the mayor’s re-election race in 2017. Yet the board appeared to find much that was troublesome, if not illegal, in the behavior of the nonprofit, which has amassed millions of dollars in donations to push for City Hall initiatives. The board also clarified rules governing nonprofit advocacy groups that are affiliated with politicians.

New York – In Inquiry into Ex-Cuomo Aide, Disclosure Form Only Adds Mystery
New York Times – Vivian Yee | Published: 7/5/2016

Two companies listed in a financial disclosure form from 2014 belonging to Joseph Percoco, who for many years was New York Gov. Andrew Cuomo’s closest aide, seem to be at the heart of a sprawling federal investigation encircling Cuomo’s administration. One firm, Chris Pitts LLC, is named for a minor Democratic activist in rural Connecticut who, until recently, lived with his sister and got around town in an aging Chevrolet. The other, COR Development Company, is one of the most prominent real estate developers in central New York. In an investigation with few signposts for those outside the U.S. attorney’s office in Manhattan, Percoco’s disclosure is the nearest thing to a map key. Yet the connection between the Percoco and COR and Chris Pitts LLC. is not as straightforward as the black and white of an official form might imply.

New York – JCOPE Shut Down in Lobbying Reform
Queens Chronicle – Michelle Kraidman | Published: 6/30/2016

The Joint Commission on Public Ethics (JCOPE) in February approved an advisory opinion that required paid consultants, who “controlled the delivery” of a message to editorial boards encouraging them to support positions that were favorable to a client, to register as lobbyists. They also would have had to report their contacts with media outlets’ opinion writers. That led to great opposition as accredited media sources, and several public relations and consulting firms sued JCOPE, arguing the new regulations were unconstitutional. Now, a statement released by the governor’s office announced that the agreed-upon legislation for an ethics reform plan does not include what JCOPE had originally recommended. “[The agreement] explicitly excludes communications with journalists, including editorial boards, from the definition of lobbying and exclude these communications from lobbying regulation,” the statement said.

Rhode Island – Raimondo: Lobbying law makes rules ‘clear, simple, consistent and transparent’
Providence Journal – Jennifer Bogdan | Published: 7/6/2016

In a ceremonial signing of lobbying legislation, Rhode Island Gov. Gina Raimondo described the changes as making the rules “clear, simple, consistent, and transparent.” The legislation, which goes into effect on January 1, clarifies who is a lobbyist and what constitutes lobbying. The penalty for failure to register is a fine of up to $50,000 and revocation of lobbyist registration for up to three years. Lobbyists will also be required to file monthly public reports of their activities from January to June and quarterly reports from July to December. The reports must include all compensation received, all expenditures made, and “all money and anything of value provided or promised to any legislative or executive branch official” in excess of $250.

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.

Q. In what ways are my company and I allowed to get involved in the 2016 national party conventions?

A. The opportunities for individuals and companies to involve themselves in this year’s party conventions are legion, but caution must be exercised to avoid running afoul of the many intersecting laws governing your interaction with the delegates and other officials in attendance as well as the committees putting on the conventions.

Convention delegates and those seeking selection as delegates are subject to the federal contribution rules, which means corporations, labor organizations, foreign nationals and businesses, and federal contractors are not permitted to make contributions. However, those permitted to contribute may do so without limits. Delegates who are public officials are subject to the gifts laws governing the office they hold. In other words, federal officials are subject to federal gift laws, state officials are subject to state gift laws, and local officials are subject to any state and local laws applicable to their office.

Individuals and organizations seeking to become involved with the conventions may contribute to the convention host committees. The host committees are nonprofit organizations set up to encourage commerce in and project a favorable image of the convention city. Organizations and individuals may donate money and make in-kind donations to the host committee to defray the costs of the convention, including costs related to promoting the city and welcoming attendees, providing information and samples to attendees, administrative expenses, providing the use of convention facilities, transportation, law enforcement, hotel rooms, accommodations and hospitality for party site selection groups, and for other convention-related facilities and services.

Convention committees are related to the national party organizations and therefore federal campaign finance laws apply. As a result, direct and in-kind contributions using funds from a corporation, labor organization, foreign nations and businesses, and federal contractors are prohibited. Goods and services may be provided to the national committee in the ordinary course of business. Obviously, it’s quite important to distinguish the host committees from the convention committees. Thankfully, both host committees, the Cleveland 2016 Host Committee and the Philadelphia 2016 Host Committee, use the word “host” in their official names.

The national party conventions represent high profile ways to gain exposure both personally and for your organization. This high profile is also why compliance with the rules governing your dealings with committees, delegates, and attendees is so important.

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(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.