April 12, 2016 •
Tuesday Lobbying and Campaign Finance News Update
Lobbying Tennessee: “Lobbying Expenditures on Tenn. Lawmakers Increases in 2015” by Tom Humphrey (Knoxville News Sentinel) for Memphis Commercial Appeal Campaign Finance “FEC Deadlocks over Allegations Gingrich Used 2012 Campaign to Sell Books” by Matea Gold for Washington Post Massachusetts: […]
Lobbying
Tennessee: “Lobbying Expenditures on Tenn. Lawmakers Increases in 2015” by Tom Humphrey (Knoxville News Sentinel) for Memphis Commercial Appeal
Campaign Finance
“FEC Deadlocks over Allegations Gingrich Used 2012 Campaign to Sell Books” by Matea Gold for Washington Post
Massachusetts: “State Panel OK’s GOP’s Use of Federal Funds for Baker War Chest” by Frank Phillips for Boston Globe
Montana: “Montana Campaign Finance Ruling Could Have ‘Ramifications Nationwide’” by James DeHaven for Billings Gazette
New York: “Federal Prosecutors Cast a Wider Net in New York City Hall Inquiry” by William Rashbaum and Al Baker for New York Times
Ethics
“Hastert Paid to Hide Sex Abuse, Then Lied about It, Federal Filing Alleges” by Jason Meisner, Jeff Coen, and Christy Gutowski for Los Angeles Times
“Washington Watchdog Adjusts to Life with Partisan Roommates” by Bill Allison for Bloomberg.com
Elections
“As Campaigns Seek Delegates, Ordinary Voters Feel Sidelined” by Jeremy Peters for New York Times
“A Portrait of Trump the Donor: Free rounds of golf, but no personal cash” by David Fahrenthold and Rosalind Helderman for Washington Post
April 11, 2016 •
Monday News Roundup
Lobbying “A Cool Million Was Spent Lobbying Hawaii Lawmakers in Two Months” by Nathan Eagle for Honolulu Civil Beat “Dem Gets Free Penn State Tickets and Bills Taxpayers for the Mileage as Lobbying Soars in Pa.” by Candy Woodall for […]
Lobbying
“A Cool Million Was Spent Lobbying Hawaii Lawmakers in Two Months” by Nathan Eagle for Honolulu Civil Beat
“Dem Gets Free Penn State Tickets and Bills Taxpayers for the Mileage as Lobbying Soars in Pa.” by Candy Woodall for Harrisburg Patriot-News
Campaign Finance
“Unlimited Campaign Contributions in Pa. Create ‘Investments in Power’” by Candy Woodall for Harrisburg Patriot-News
“Yes, ‘Citizens United’ Gives Republicans an Electoral Edge. Here’s Proof.” by Tilman Klumpp, Hugo Mialon, and Michael Williams for Washington Post
Ethics
“The Pentagon Isn’t Tracking if Former Employees Violate Revolving Door Laws” by Eric Katz for Government Executive
“Emails Raise ‘Pay to Play’ Concerns” by Chris Sikich for Indianapolis Star
“Spat Escalates over Secret Legislative Records in NM” by Morgan Lee (Associated Press) for Las Cruces Sun-News
“New Executive Director Named for OK Ethics Commission” by Rick Green for The Oklahoman
Elections
“American Anger: It’s Not the Economy. It’s the Other Party.” by Lynn Vavrick for New York Times
“The Messy Way Colorado Is Picking Its GOP Delegates May Actually Matter This Year” by Ed O’Keefe for Washington Post
“Trump’s Rise Shows Religion Is Losing Its Political Power” by Eduardo Porter for New York Times
“In Reddit’s Unruly Corners, Trump Finds Support” by John Herrman for New York Times
April 8, 2016 •
News You Can Use Digest – April 8, 2016
Federal: Could Republican Convention Delegates Be Bought? Legally, Maybe CNN – Tal Kopan and Gregory Krieg | Published: 4/4/2016 There are federal and state laws prohibiting bribery of elected officials, and restrictions on campaigns themselves, but there is not much on […]
Federal:
Could Republican Convention Delegates Be Bought? Legally, Maybe
CNN – Tal Kopan and Gregory Krieg | Published: 4/4/2016
There are federal and state laws prohibiting bribery of elected officials, and restrictions on campaigns themselves, but there is not much on the books governing what private citizens serving as delegates at their parties’ conventions can take in exchange for their votes on a nominating ballot. In a fight between Donald Trump, Ted Cruz, and perhaps an alternative not currently in the race, every delegate vote will matter in the race for the Republican presidential nomination. Campaigns and candidates are not the only entities that have funds to spend on the process, and there are a variety of laws and regulations that could come into play for delegates at this year’s convention.
Republicans on FEC Suggest They May Scrutinize Mystery Corporate Donors
Washington Post – Matea Gold | Published: 4/3/2016
The three Republican appointees on the FEC have indicated that campaign donors who give through private companies solely to shield their identities can be sanctioned, signaling the agency may scrutinize a rash of “pop-up” corporations giving large sums to super PACs. Their stance suggests the potential for movement by the polarized six-person panel, where a sense of stasis has been the norm. Democratic commissioners, however, reacted with skepticism, saying their GOP colleagues have until now delayed and actively blocked examination of such cases. But Lee Goodman, one of the Republican commissioners, said in an interview that contributors seeking to mask themselves through a privately held company or limited liability corporation should think twice.
Supreme Court Rejects Conservative Challenge to ‘One Person, One Vote’
Washington Post – Robert Barnes | Published: 4/4/2016
The U.S. Supreme Court endorsed the way Texas draws its legislative districts based on total population and not just eligible voters, the same method used by all 50 states, rejecting a conservative challenge in a case focusing on the legal principle of “one person, one vote.” The justices unanimously rebuffed the challenge spearheaded by a conservative legal activist that could have shifted influence in state legislative races away from urban areas that tend to be racially diverse and favor Democrats to rural ones predominantly with white voters who often back Republicans. The court did not rule on a separate question of whether it would be constitutional for states to use the voter-eligible population for reapportionment if they chose to do so.
Trump Effect Hits Dem Convention
The Hill – Megan Wilson | Published: 4/5/2016
Businesses have long kept a big presence at the Democratic and Republican conventions, cutting checks for the festivities and sponsoring branded parties where their executives hobnob with the biggest names in the political world. But raising money for this year’s conventions is proving difficult, with many corporations wary of associating themselves with Donald Trump and his controversial campaign for the White House. Corporations are now considering sitting out the Democratic National Convention this summer for fear of looking partisan if they decide to skip the GOP’s event because of Trump.
From the States and Municipalities:
Alabama – Were the Gov. Robert Bentley Sex Scandal Tapes Legally Obtained?
AL.com – Keith Faulk | Published: 4/5/2016
It is not clear exactly who, how, and where the recordings were made of a few racy phone conversations purportedly between Alabama Gov. Robert Bentley and a woman on the other end believed to be his senior adviser Rebekah Mason. Apparently neither was the person who recorded the conversations. But if the conversations were recorded without the permission of either Bentley or the woman on the other end of the phone, the person who recorded it may run afoul of Alabama and/or federal eavesdropping laws, said Jenny Carroll, a professor at the University School of Law. She is interested in how it might play out in a court, before the Legislature, or the state Ethics Commission as to whether the tapes could be used. “It’s going to be very exciting,” Carroll said.
Arizona – AZ Governor Signs Bill Easing Dark Money Rules
Albuquerque Journal – Ryan Van Velzer (Associated Press) | Published: 4/1/2016
Arizona Gov. Doug Ducey signed a bill that makes numerous changes to the state’s campaign finance rules. One provision cedes regulation of “dark money” and other nonprofit groups to the IRS, essentially doubling the amount that secretive organizations can spend on ballot measures and allowing nonprofits to spend more money influencing elections without having to reveal donors. Also gone are limits on how much someone can spend hosting a fundraising event for one or more candidates. In addition, Senate Bill 1516 allows candidates who have amassed large donations to transfer some of that money to others running for office.
California – Documentaries Like ‘Blackfish’ Influence California’s Capitol
Sacramento Bee – Alexei Koseff | Published: 3/31/2016
For advocates in California, movies have become a popular way to generate public awareness, promote legislation, and reach those who have a say on issues. These events largely highlight traditionally liberal causes, but it is a nonpartisan strategy. Former Gov. Arnold Schwarzenegger once co-hosted a showing of “Waiting for Superman,” a film critical of public education. Jennifer Fearing, a lobbyist for animal rights groups, said it is a vital tool for nonprofits and other small organizations that have a less sophisticated presence in Sacramento. Documentaries send a message that something is “a mature problem that serious people are worried about and have put resources into,” while also providing an entertaining platform to educate the public and politicians, said Fearing.
Georgia – Friends in the Hall: How lobbyists use influence to help their clients
Atlanta Magazine – Max Blau | Published: 3/28/2016
Wayne Garner and Charlie Watts walked through the “revolving door” from legislating to lobbying and today are among nearly 1,000 badge-wearing lobbyists registered in Georgia. Their firm, Southeastern Resource Group, relies on their institutional knowledge, personal relationships with everyone from the state troopers guarding the Capitol doors to the governor, and a “good ol’ boy” sense of humor. Jokes aside, their expertise is valuable to clients, earning them up to $5,000 a month as contract lobbyists.
Kansas – The Conservative Gladiator from Kansas behind Restrictive Voting Laws
Washington Post – Sari Horwitz | Published: 4/6/2016
Kansas Secretary of State Kris Kobach has emerged as a major figure in a movement to add more requirements for Americans to vote or register to vote. Since the U.S. Supreme Court struck down a key part of the Voting Rights Act, sixteen states have made changes that will be in effect for the first time in a presidential election, many of them requiring photo identification at the polls. Kobach, a Republican, has gone a step further by pushing for states to demand proof of citizenship, such as a passport or a birth certificate, before allowing people to even register. “The reason we have to do this is there is a significant problem in Kansas and in the rest of the country of aliens getting on our voting rolls,” Kobach said. Election law experts say there is no evidence of significant voter fraud and Kobach is intentionally trying to make it more difficult for minority voters who tend to vote Democratic.
Kentucky – Judge Tosses Kentucky’s Ban on Corporate Campaign Donations
Lexington Herald-Leader; Associated Press – | Published: 3/31/2016
U.S. District Court Judge Gregory Van Tatenhove ruled the Kentucky Registry of Election Finance cannot enforce the state’s prohibition on corporate campaign donations, finding the disparate treatment of corporations and unincorporated organizations violates the Constitutional right to equal protection under the law. The ruling stems from the battle over “right-to-work” legislation in the state: the labor unions that oppose those measures are allowed to make political contributions, while a corporation that promotes them is not.
Mississippi – High Court Rejects Challenge to Miss. Campaign Finance Law
San Diego Union-Tribune; Associated Press – | Published: 4/4/2016
The U.S. Supreme Court will not hear an appeal challenging the constitutionality of a Mississippi campaign finance law that requires reporting by people or groups spending at least $200 to support or oppose a ballot measure. The justices left in place an appeals court ruling that upheld the law over claims it is too burdensome.
New Jersey – Why Are N.J. Public Contractors Who Took in $8.2B Donating Less to Candidates?
Newark Star-Ledger – Samantha Marcus (NJ Advance Media) | Published: 4/7/2016
The New Jersey Election Law Enforcement Commission (ELEC) said the state’s “pay-to-play” laws are chilling campaign contributions from public contractors. While they received nearly $8.2 billion in public contracts in 2015, a $1.2 billion hike over 2014, political donations from contractors fell 15 percent, from $9.8 million in 2014 to $8.3 million in 2015, according to an analysis of annual disclosure reports. “Many contractors are so afraid of violating the law that they have just stopped making political contributions entirely; many contractor donations are now going to PACs and independent groups, which are not subject to ‘pay-to-play,'” said ELEC Executive Director Jeff Brindle.
Pennsylvania – Lobbying for Philadelphia, and Well Paid for It
Philadelphia Inquirer – Jonathan Tamari and Claudia Vargas | Published: 4/4/2016
One is a longtime Philadelphia-area member of Congress who quit in 2002. Another worked for U.S. Rep. Robert Brady (R-Pa.). A third was a powerful state senator from Delaware County until he went to federal prison. Yet years after they left their public jobs, all remain on the taxpayers’ tab as private lobbyists, paid to promote Philadelphia’s interests in Washington, D.C. and Harrisburg. It is a common arrangement for cities, but one that troubles some watchdogs. A review of city records found Philadelphia taxpayers paid private lobbyists $482,924 last year. And despite already working for City Hall, some of the same firms also collected additional amounts from public entities such as Visit Philadelphia, the Philadelphia Museum of Art, and the Philadelphia Industrial Development Corporation.
Tennessee – Bible Could Soon Be Tennessee’s Official Book
New York Times – Katie Rogers | Published: 4/5/2016
Derided by critics as everything from unconstitutional to sacrilegious, Tennessee lawmakers nevertheless moved ahead with designating the Holy Bible as the state’s official book. Sponsors argue the bill seeks to honor the historical significance of the Bible in Tennessee’s history rather than serving as a government endorsement of religion. But opponents say the measure trivializes the Scripture by placing it alongside other state symbols like the official flower, tree, reptile, or folk dance. It remains unclear whether opponents of the bill will take the issue to court should Gov. Bill Haslam sign the legislation.
Virginia – Virginia Lawmakers Banish Pricey Gifts – But Not Fundraisers
ABC News – Alan Suderman (Associated Press) | Published: 4/6/2016
An analysis shows Virginia’s elected officials have hosted birthday parties, hunting and fishing trips, and golf tournaments in efforts to raise money. The fundraising occurred while lawmakers were putting new limits on gifts they could take from lobbyists and others after a scandal involving a former governor. Many lawmakers said they need to throw attention-getting fundraisers to attract lobbyists and donors, who are inundated with constant requests. Critics say the limits on gifts have done little to change the political culture. Instead of spoiling legislators with sports tickets and vacations, businesses are helping subsidize luxurious fundraisers, and filings provide scant details on the events.
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.
April 7, 2016 •
Missouri Legislature One Step Closer to Passing Revolving Door Ban
A revolving door ban, prohibiting legislators from serving in office one day and returning as lobbyists the next, has been a priority for the Missouri General Assembly as it considers sweeping ethics reform legislation. The House passed a bill earlier […]
A revolving door ban, prohibiting legislators from serving in office one day and returning as lobbyists the next, has been a priority for the Missouri General Assembly as it considers sweeping ethics reform legislation.
The House passed a bill earlier in the year barring lawmakers from lobbying for one year after leaving office. The Senate removed the waiting period and wanted legislators to simply finish their respective terms before becoming lobbyists.
After months of deliberation and negotiation, a conference committee reached an agreement Wednesday both sides are likely to approve. The compromise would prohibit legislators from working as paid lobbyists for six months after their terms expire.
If both houses approve the committee’s recommendations, the bill will be sent to Gov. Jay Nixon for final approval.
Photo of the Missouri State Capitol by Nickbigd on Wikimedia Commons.
April 7, 2016 •
Oregon Transparency Bill Becomes Law
Oregon Gov. Kate Brown has signed into law a bill requiring lobbyists to file registration statements within three business days of commencing or ceasing representation of a client. The bill also requires each person employing a lobbyist to sign a […]
Oregon Gov. Kate Brown has signed into law a bill requiring lobbyists to file registration statements within three business days of commencing or ceasing representation of a client. The bill also requires each person employing a lobbyist to sign a designation of official authorization to lobby within 10 calendar days after the lobbyist files the registration statement.
The bill has an emergency clause making it effective immediately; however, the bill states it applies to lobbyist registration statements filed on or after January 1, 2017.
April 7, 2016 •
Thursday News Roundup
Lobbying Missouri: “Missouri Lawmakers Strike a Deal on Revolving-Door Lobbyist Ban” by Jason Hancock for Kansas City Star Campaign Finance New York: “Vote to Close ‘LLC Loophole’ Deadlocks, but Could Impact Lawsuit” by Chris Bragg for Albany Times Union Virgina: […]
Lobbying
Missouri: “Missouri Lawmakers Strike a Deal on Revolving-Door Lobbyist Ban” by Jason Hancock for Kansas City Star
Campaign Finance
New York: “Vote to Close ‘LLC Loophole’ Deadlocks, but Could Impact Lawsuit” by Chris Bragg for Albany Times Union
Virgina: “Virginia Lawmakers Banish Pricey Gifts – But Not Fundraisers” by Alan Suderman (Associated Press) for ABC News
Ethics
“Ethics Watchdog Urges Full Probe of Senate Hopeful Grayson” by Cristina Marcos for The Hill
Alabama: “Lawmaker Takes First Step in an Effort to Impeach Alabama’s Governor” by Campbell Robertson and Alan Blinder for New York Times
Connecticut: “Former Investment Director for Quasi-Public Agency Fined In Ethics Probe” by David Altimari for Hartford Courant
Massachusetts: “Prosecutors Investigate Fees Collected by Joyce on Randolph Projects” by Andrea Estes and Shelley Murphy for Boston Globe
Elections
“Trump Effect Hits Dem Convention” by Megan Wilson Megan Wilson for The Hill
Legislative Issues
Tennessee: “Bible Could Soon Be Tennessee’s Official Book” by Katie Rogers for New York Times
April 6, 2016 •
Kaua`i County Requires Lobbyists to Register and Report
Kaua`i County lobbyists will soon be required to register with the county clerk within five days of engaging in lobbying. The mayor signed a new lobbying ordinance on March 30, after council unanimously adopted the measure the week before. The […]
Kaua`i County lobbyists will soon be required to register with the county clerk within five days of engaging in lobbying. The mayor signed a new lobbying ordinance on March 30, after council unanimously adopted the measure the week before. The ordinance defines a lobbyist as one who is compensated for more than five hours in any month to communicate with a state or county officer or employee with the purpose of influencing any legislative or administrative action.
Spending more than $750 on lobbying during any reporting period will require registration even if the five-hour threshold is not met. Lobbyists, lobbyist employers, and individuals spending $750 or more on lobbying must file an annual statement of expenditures on or before January 31, covering the previous calendar year.
A violation of the lobbying ordinance may result in an administrative fine for each violation, as well as suspension or revocation of lobbyist registration. The lobbying ordinance is effective July 28, 2016.
April 6, 2016 •
Portland, Oregon to Consider Ethics Reforms
The Portland City Council will consider adopting new ethics reform measures to broaden the revolving door prohibition to two years, and increase the penalties associated with repeated ethics violations. The proposal would also close a loophole in registration requirements, requiring […]
The Portland City Council will consider adopting new ethics reform measures to broaden the revolving door prohibition to two years, and increase the penalties associated with repeated ethics violations. The proposal would also close a loophole in registration requirements, requiring lobbying entities that spend more than $1,000 a quarter on lobbying activities to register.
A separate ordinance requiring political consultants working with Portland politicians to meet certain reporting and registration requirements will also be considered.
The new ordinances will be introduced at the council meeting on April 13, 2016.
April 5, 2016 •
Tuesday Lobbying and Campaign Finance News Update
Lobbying Georgia: “Friends in the Hall: How lobbyists use influence to help their clients” by Max Blau for Atlanta Magazine Pennsylvania: “Lobbying for Philadelphia, and Well Paid for It” by Jonathan Tamari and Claudia Vargas for Philadelphia Inquirer Campaign Finance […]
Lobbying
Georgia: “Friends in the Hall: How lobbyists use influence to help their clients” by Max Blau for Atlanta Magazine
Pennsylvania: “Lobbying for Philadelphia, and Well Paid for It” by Jonathan Tamari and Claudia Vargas for Philadelphia Inquirer
Campaign Finance
“Republicans on FEC Suggest They May Scrutinize Mystery Corporate Donors” by Matea Gold for Washington Post
Mississippi: “High Court Rejects Challenge to Miss. Campaign Finance Law” by The Associated Press for San Diego Union-Tribune
Montana: “Jury: Montana lawmaker coordinated with dark-money groups” by Matt Volz (Associated Press) for Winona Daily News
Ethics
“Could Republican Convention Delegates Be Bought? Legally, Maybe” by Tal Kopan and Gregory Krieg for CNN
Ohio: “Ohio Ethics Panel to Clarify Stance on Elected Officials Nonprofit Jobs” by Lucas Sullivan for Columbus Dispatch
Elections
“Early Missteps Seen as a Drag on Bernie Sanders’s Campaign” by Patrick Healy and Yamiche Alcindor for New York Times
Redistricting
“Supreme Court Rejects Conservative Challenge to ‘One Person, One Vote’” by Robert Barnes for Washington Post
April 4, 2016 •
Monday News Roundup
Lobbying “Annual GAO Report on Federal Lobbying Compliance Shows Mixed Enforcement Bag: Fewer audits, more and larger enforcement penalties” by Andrew Garrahan for National Law Review California: “Documentaries Like ‘Blackfish’ Influence California’s Capitol” by Alexei Koseff for Sacramento Bee California: […]
Lobbying
“Annual GAO Report on Federal Lobbying Compliance Shows Mixed Enforcement Bag: Fewer audits, more and larger enforcement penalties” by Andrew Garrahan for National Law Review
California: “Documentaries Like ‘Blackfish’ Influence California’s Capitol” by Alexei Koseff for Sacramento Bee
California: “Lawmakers Act to Shine Light on California Coastal Commission, Other Key State Boards” by Patrick McGreevy for Los Angeles Times
Campaign Finance
Arizona: “AZ Governor Signs Bill Easing Dark Money Rules” by Ryan Van Velzer (Associated Press) for Albuquerque Journal
Kentucky: “Judge Tosses Kentucky’s Ban on Corporate Campaign Donations” by The Associated Press for Lexington Herald-Leader
Mississippi: “Senate Passes Campaign Finance Reform” by Geoff Pender (Jackson Clarion-Ledger) for Hattiesburg American
Ethics
Alabama: “Rebekah Caldwell Mason, and How Alabama Gov. Robert Bentley ‘Lost His Mind’ ‘” by Amber Phillips for Washington Post
California: “San Diego May Revamp Ticket Perk” by David Garrick for San Diego Union-Tribune
Elections
“The American Idea in 140 Characters” by Vann Newkirk for The Atlantic
“Targets of Trump’s Attacks Fight Back in D.C.” by Anna Palmer and Jake Sherman for Politico
“Who Are the Angriest Republicans?” by Thomas Edsall for New York Times
Legislative Issues
“Abortion, Guns and Gay Rights Offer Risks, Rewards for State Republicans” by Richard Fausset for New York Times
Missouri: “Political Insider Accused of Harassing Missouri Capitol Interns Can Return, with Conditions” by Alex Stuckey for St. Louis Post-Dispatch
April 1, 2016 •
News You Can Use Digest – April 1, 2016
National: Feeling G.O.P. Peril, Muslims Try to Get Out Vote New York Times – Alan Rappeport | Published: 3/24/2016 American Muslims are watching in growing horror as Donald Trump and U.S. Sen. Ted Cruz battle for the Republican presidential nomination, outdoing […]
National:
Feeling G.O.P. Peril, Muslims Try to Get Out Vote
New York Times – Alan Rappeport | Published: 3/24/2016
American Muslims are watching in growing horror as Donald Trump and U.S. Sen. Ted Cruz battle for the Republican presidential nomination, outdoing each other with provocative proposals that have included Muslim registries, immigration bans, and fleets of police patrolling their neighborhoods. National advocacy groups are planning to fend off policies they consider hostile to Muslims with a more proactive strategy: driving up the Muslim vote. Organizations are encouraging mosques to turn themselves into voter registration centers before the November election so Muslims can make their voices heard at the polls. Registration drives are expected to ramp up significantly in June, during Ramadan, when attendance at Islamic centers peaks. Although Muslims make up only about one percent of the U.S. population, civil rights groups have set a goal of registering a million new voters.
Federal:
How Clinton’s Email Scandal Took Root
Washington Post – Robert O’Harrow, Jr. | Published: 3/27/2016
Since Hillary Clinton’s private email account was brought to light a year ago, the matter has been a source of nonstop national news. The FBI is now trying to determine whether a crime was committed in the handling of that classified material. It is also examining whether the server was hacked. The Washington Post reviewed documents and interviewed more than a dozen knowledgeable government officials to understand the decisions and the implications of Clinton’s actions. The resulting scandal revolves around questions about classified information, the preservation of government records, and the security of her email communication.
Surprising Source of GOP Petition
CBS News – Arden Farhi | Published: 3/29/2016
A man who says he authored a petition to allow open carry of guns at the Republican National Convention says he did it to test the limits of the party’s support for the Second Amendment. The petition, which has attracted national attention, reads as if it was written by a supporter of gun rights. Instead, the man behind the petition is a self-professed liberal Democrat and gun control advocate. In response to questions about the petition, the Secret Service said only law enforcement personnel will be allowed to carry firearms at the event.
Union ‘Persuader’ Rule to Offer Rare Look inside DC Consulting
The Hill – Megan Wilson | Published: 3/27/2016
The U.S. Department of Labor finalized the so-called union persuader rule that requires third-party lawyers and outside consultants to disclose when they are paid to advise businesses on resisting union-organizing campaigns. The rule takes effect on July 1. The rule covers activities like conducting union-avoidance seminars, providing materials for employers to distribute to workers, and writing talking points. Registered lobbyists in Washington, D.C. often lament that while their activities are heavily regulated, other professionals in the advocacy industry do similar work without any disclosure requirements at all. Craig Holman, a lobbyist for Public Citizen, said the Labor Department’s persuader rule could show the value in expanding advocacy disclosure beyond registered lobbyists.
From the States and Municipalities:
Alabama – Governor of Alabama, Robert Bentley, Says He Won’t Quit
New York Times – Alan Blinder | Published: 3/30/2016
Rebekah Caldwell Mason announced her resignation, saying she would no longer serve as Alabama Gov. Robert Bentley’s senior political adviser after he publicly admitted making inappropriate remarks to her but denied the two ever had an affair. It was uncertain whether it would be politically feasible for Bentley to remain in office. Some lawmakers are talking of impeaching the governor. His former pastor said Bentley was no longer a member of the Tuscaloosa congregation where he was once a deacon. The Alabama Ethics Commission said it would investigate whether Bentley and Mason had committed wrongdoing.
Arizona – Bill Overhauling Campaign Finance Laws Heads to Arizona Governor
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 3/29/2016
The Arizona Legislature passed a bill that rewrites campaign finance law, including a provision that would remove food, beverages, and invitations from the list of what is considered a political contribution or expenditure under state law. It also eliminates existing law that requires groups that spend money to influence elections to register first with the state. Critics call the legislation a back-door attempt to expand the influence of anonymous political spending in elections. Senate Bill 1516 now goes to the governor.
Arkansas – Ex-Judge Gets 10-Year Sentence for Taking Bribe
Arkansas News – John Lyon | Published: 3/24/2016
A former Arkansas judge was sentenced to 10 years in prison in federal court after he pleaded guilty to lowering the amount of damages a jury awarded in a civil suit in exchange for campaign contributions. Michael Maggio, a former state District Court judge, reached a plea deal where he admitted to receiving the bribes to reduce a $5.2 million judgment in a civil negligence case against a nursing home company to $1 million. Maggio met with an unidentified person who said he could provide about $50,000 in campaign funds in return for a favorable ruling in the civil case. Maggio was removed from office in 2014 after admitting he disclosed information about the adoption of a child by actress Charlize Theron, which was handled by another judge in the state.
California – Lobbying Class Teaches Sacramento State Students ‘Rough and Tumble’ Politics
Sacramento Bee – Taryn Luna | Published: 3/28/2016
Richie Ross is best known as a campaign consultant for many of California’s highest ranking Democrats and a longtime lobbyist and ally of the United Farm Workers. But he has a side job that few have heard about: helping to teach undergrads at Sacramento State University how to develop and carry an actual bill through the state Legislature. In the course description, “Making a New Law” is defined as “hands-on and grounded in rough and tumble politics.” Few universities offer lobbying majors or programs specifically geared for students interested in the profession. Ross said internships can provide valuable experience, but do not necessarily give students an insider’s perspective.
Florida – Opa-locka’s ‘Shadow’ Force Moves Millions in City Contracts
Miami Herald – Jay Weaver, Michael Sallah, and Katie Lepri | Published: 3/28/2016
In a community where money begets political favors at City Hall, Dante Starks has known few equals in pulling the levers of government in Opa-locka, Florida. The lobbyist has helped steer millions of dollars in public works projects to clients, shut down police investigations, and pushed successfully for the firing of a city manager – all after his own arrest on public bribery charges nearly a decade ago. Now, Starks is at the center of a federal investigation that threatens to topple him and a cadre of elected leaders in the most comprehensive corruption probe in Miami-Dade County in decades. A federal grand jury has issued 18 subpoenas to current and former City Hall employees in a kickback investigation involving nearly every public works project in Opa-locka in the past 10 years.
Kentucky – Beshear Aide Charged in Kickback Scheme
Louisville Courier-Journal – Joseph Gerth, Andrew Wolfson, and Tom Loftus | Published: 3/26/2016
The former secretary of the Kentucky Personnel Cabinet allegedly took more than $200,000 in kickbacks to steer business to a consulting company and make illegal campaign contributions. Timothy Longmeyer was charged with bribery. The alleged kickback scam involved the Kentucky Employees’ Health Plan, which is administered by the department that Longmeyer headed. The state contracts with private insurance companies such as Humana and Anthem to provide services to employees. The affidavit alleged Longmeyer abused his authority over the health plan in order to get Humana and Anthem to give business to a consulting company in return for bribes from the company.
Michigan – Feds Charge 12 Detroit School Principals with Bribery
USA Today – Katrease Stafford and Tresa Baldas (Detroit Free Press) | Published: 3/29/2016
Thirteen former or current principals with the Detroit Public Schools (DPS) system face federal conspiracy and bribery charges in an alleged scheme to receive kickbacks from Allstate Sales, a school supplies vendor. According to the charges, the principals approved fraudulent invoices from the vendor in order to receive payment from DPS for supplies that were ordered. Allstate Sales reportedly provided cash, checks, or gift cards to the principals in many cases as kickbacks, instead of delivering the full amount of supplies that were ordered. The payments for all of the defendants total more than $800,000. U.S. Attorney Barbara McQuade said DPS suffered a loss of $2.7 million in the scheme.
Missouri – Lawmakers Bunking with Lobbyists Show More Cozy Connections in Capitol
St. Louis Post-Dispatch – Kurt Erickson | Published: 3/30/2016
A review of data collected by the Missouri Ethics Commission shows at least 13 state legislators have had business relationships in the past year with lobbyists, ranging from the renting of sleeping rooms to the use of lawmaker-owned businesses. It is all perfectly legal for lawmakers to have business dealings with lobbyists under Missouri’s ethics laws, where candidates can take unlimited amounts of campaign money and be entertained by the companies and groups seeking to influence policy. The housing data comes from business relationships reported by lobbyists on their monthly reports. Along with reporting how much they spend on legislators, lobbyists must note any direct business relationships or partnership with any public official.
Montana – Montana Lawmakers Rarely Refrain from Voting on Personal Interests
Helena Independent Record – James DeHaven | Published: 3/27/2016
Montana law requires the disclosure of potential conflicts-of-interest for state lawmakers only ahead of votes that “have a direct and distinctive personal impact on the legislator.” The law also leaves questions about the determination and enforcement of such conflicts up to each lawmaker and a pair of partisan legislative ethics committees that have not met for at least the past decade. An analysis of more than 900,000 floor and committee votes over the past four legislative sessions found just 20 recorded instances of a lawmaker announcing a conflict-of-interest ahead of a vote. Records point to only three documented instances when a legislator abstained from a vote in light of that conflict.
Ohio – City Hall Scandals Prompt Ginther to Propose New Ethics Rules
Columbus Dispatch – Lucas Sullivan | Published: 3/28/2016
The Columbus City Council approved new ethics regulations that center on more accountability for lobbyists, increased campaign finance reporting for city candidates, and more disclosure of gifts and trips by elected officials. The rules, which go into effect in April, will increase the penalties for noncompliance. Under the reforms, lobbyists will be required to disclose expenditures and interactions with any elected city officials and some of their staff three times a year. Lobbyists who make false statements or disclosures will be subject to first-degree misdemeanors. There will also be additional disclosure beyond the state requirement for gifts provided to city officials, including the type of gift, who gave it, and the value.
South Carolina – Wilson Defends Firing of Pascoe, Johnson Refuses Job
Greenville News – Tim Smith | Published: 3/30/2016
South Carolina Attorney General Alan Wilson defended his decision to fire David Pascoe, a special prosecutor he had appointed to investigate corruption within South Carolina’s Legislature. Pascoe filed a petition with the state Supreme Court asking it to immediately hold a hearing and rule on whether Wilson has the authority to remove him. Meanwhile, the man tapped by Wilson to lead the inquiry, Dan Johnson, is refusing to take the job until the Supreme Court issues a decision in the matter. Wilson said he was shocked and disappointed to learn of the plea deal with House Speaker Bobby Harrell that Pascoe had negotiated. Harrell pleaded guilty to six misdemeanor counts of misusing his campaign funds and avoided jail time with his sentence.
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.
March 31, 2016 •
California Bills to Increase Transparency at State Boards and Commissions
A bill prohibiting communications between members of California’s Coastal Commission and lobbyists during the 24 hour period before commission hearings has passed in committee. The Committee on Elections and Redistricting approved Assembly Bill 2002, getting lawmakers one step closer to […]
A bill prohibiting communications between members of California’s Coastal Commission and lobbyists during the 24 hour period before commission hearings has passed in committee. The Committee on Elections and Redistricting approved Assembly Bill 2002, getting lawmakers one step closer to making state commissions more transparent.
AB 2002 is one of six bills currently in the legislature aimed at shedding light on state boards and commissions. All of the proposed bills must still pass floor votes in both houses.
March 31, 2016 •
Thursday News Roundup
Lobbying California: “Lobbying Class Teaches Sacramento State Students ‘Rough and Tumble’ Politics” by Taryn Luna for Sacramento Bee Missouri: “Lawmakers Bunking with Lobbyists Show More Cozy Connections in Capitol” by Kurt Erickson for St. Louis Post-Dispatch Campaign Finance Arizona: “Bill […]
Lobbying
California: “Lobbying Class Teaches Sacramento State Students ‘Rough and Tumble’ Politics” by Taryn Luna for Sacramento Bee
Missouri: “Lawmakers Bunking with Lobbyists Show More Cozy Connections in Capitol” by Kurt Erickson for St. Louis Post-Dispatch
Campaign Finance
Arizona: “Bill Overhauling Campaign Finance Laws Heads to Arizona Governor” by Howard Fischer (Capitol Media Services) for Arizona Daily Star
Indiana: “Exclusive: Special prosecutor investigating allegation against Monarch Beverage” by Tony Cook for Indianapolis Star
Ethics
Michigan: “Feds Charge 12 Detroit School Principals with Bribery” by Katrease Stafford and Tresa Baldas (Detroit Free Press) for USA Today
Missouri: “Missouri Lawmakers Pass Limits on Paid Political Consulting” by Adam Aton and Summer Ballentine (Associated Press) for Kansas City Star
Texas: “Indictment Aside, Crystal City Mayor is Running Again” by Jim Malewitz for Texas Tribune
Vermont: “Trimmed Down Ethics Commission Plan Gets Committee’s OK” by Mark Johnson for VTDigger.org
Elections
Ohio: “Surprising Source of GOP Petition” by Arden Farhi for CBS News
March 30, 2016 •
Annual GAO Report on Federal Lobbying Released
The U.S. Government Accountability Office (GAO) released its audit of federal lobbying compliance for 2015. For the audit, the GAO reviewed a random sample of 80 quarterly disclosure reports filed for the third and fourth quarters of calendar year 2014 […]
The U.S. Government Accountability Office (GAO) released its audit of federal lobbying compliance for 2015. For the audit, the GAO reviewed a random sample of 80 quarterly disclosure reports filed for the third and fourth quarters of calendar year 2014 and the first and second quarters of calendar year 2015. They also reviewed random samples of 160 LD-203 reports for the year-end 2014 and midyear 2015 reports.
Among its findings, the GAO concluded 93 percent of filers of lobbying disclosure reports were able to provide documentation to support reported income and expenses, 85 percent filed the required federal political campaign reports, and 69 percent of the reported income and expenses were properly rounded to the nearest $10,000. The audit estimates at least 21 percent of all lobbying disclosure reports did not properly disclose formerly held covered positions.
The 54 page report, released on March 25, 2016, is titled “2015 Lobbying Disclosure Observations on Lobbyists’ Compliance with Disclosure Requirements.”
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.