On September 17, 2015, a new lobbying law took effect in San Joaquin County, California. Ordinance 4468, passed by the Board of Supervisors in August, requires lobbyists, lobbying firms, and lobbyist’s employers to register when lobbying county officials. Registration with the clerk of the board is required 10 days after becoming engaged as a lobbyist. There is an initial registration fee of $75. The annual registration renewal fee is $50.

The new county ordinance defines lobbying activities as oral, written, or electronic communication made directly or indirectly to a county official, for the purpose of persuading or influencing official actions or decisions. An individual is required to register when he or she is employed, contracts, or otherwise receives compensation of $500 or more in any calendar month to communicate directly or through agents, employees, or subcontractors with any county official for the purpose of influencing official action. However, a substantial or regular portion of the activities for which the person receives such compensation must be for the purpose of influencing official action. Influencing official action includes promoting, supporting, influencing, modifying, opposing, or delaying actions of any county official, including soliciting county contracts or funds. Influence can include providing county officials with statistics, studies, or analyses.

Registration is not required by agents and employees of tax-exempt organizations, elected and appointed public officials and employees, news organizations, and advocates or attorneys in certain circumstances. Amendments to a registration form must be completed and filed by the lobbyist with the clerk of the board within ten days of any change.

Penalties for failing to register range from a written warning to daily fines staggered in the amounts of $25, $50, and $75, up to a maximum penalty of $500. Penalties also include disqualification from county contracts if any lobbyist, lobbying firm, employer, or other person or entity acting on behalf of the person or entity seeking the contract fails to comply with the county’s lobbying ordinance.

Q. We recently hired a lobbyist that is coming to our company directly from spending a number of years as a Senate staffer.  What restrictions should we be aware of as her new employer in terms of who she can contact on the Hill?

A. Both the House and the Senate have post-employment restrictions for certain individuals leaving their employment on the Hill.  Importantly, the House and Senate ethics committees will discuss with the staffer prior to his or her departure the restrictions under which he or she must operate.  That said, as her new employer you should definitely be aware of what restrictions are applicable to her situation so neither the company nor she violates the rules.

For the Senate, senior staff (currently defined as individuals whose annual salary is $130,500 or more) are subject to a one-year, Senate-wide ban.  Essentially, senior staff leaving the Senate may not lobby the entire Senate for one year following their departure – this includes lobbying contact with personal, committee, and leadership offices.  Staff making less than $130,500 a year are subject to a one year ban from lobbying their particular office – whether personal, committee, or leadership office.

The House restriction for senior staff is a one year ban from lobbying the particular office for which the former staffer worked and there is no ban in the House for staffers making less than $130,500.

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: experts@stateandfed.com.

(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.

Lobbying

Kansas: “Lobbyists Spend $500,000 on Food, Drink for Kansas Lawmakers” by Bryan Lowry for Wichita Eagle

Ohio: “Redlight Camera Lobbyist Agrees to Plead to Extortion, Releases Statement” by Lucas Sullivan for Columbus Dispatch

Campaign Finance

“At End of Fundraising Quarter, O’Malley Seeks to Lessen Role of Money in Politics” by John Wagner for Washington Post

Connecticut: “Court Fight Heats Up Over Subpoena of Democrats’ Emails about Malloy’s Campaign” by Jon Lender for Hartford Courant

Maine: “A Wary Ethics Panel Sends Campaign Spending Proposal to Legislature” by Steve Mistler for Portland Press Herald

New Mexico: “New Corruption Fine Could Be Applied to Duran Case” by Deborah Baker for Albuquerque Journal

North Carolina: “Advisory Letter Could Permit Bigger Role for Outside Groups in NC Elections” by Mark Binker for WRAL

West Virginia: “Bobby Harrell Says He Won’t Immediately Pay Ethics Order” by Schuyler Kropf for Charleston Post & Courier

Ethics

New Jersey: “Christie’s DOT Chief Steps Down” by Shawn Boberg and Dustin Racioppi for Bergen Record

Elections

“Pithy, Mean and Powerful: How Donald Trump mastered Twitter for 2016” by Michael Barbaro for New York Times

On September 30, North Carolina Gov. Pat McCrory signed legislation moving next year’s presidential primary and general primary for state elected offices to a single date in March. House Bill 373 sets the single primary date to March 15, 2016. The bill contains other provisions include adjusting the filing dates for campaign finance reporting and permitting the leader of each political party caucus of the House of Representatives and the Senate to establish a separate affiliated party committee to support the election of candidates of that leader’s political party. According to the governor’s press release, he signed the bill after getting an agreement from the legislature to make revisions to the bill regarding campaign finance law, including prohibiting contributions from lobbyists or political action committees while the legislature is in session.

“There were specific concerns I had with the original version of the bill, and the General Assembly agreed to make revisions to address those concerns,” said McCrory in his press release.

Photo of Gov. Pat McCrory by Hal Goodtree on Wikimedia Commons.

State Sen. John Schickel filed a federal lawsuit against the Kentucky Registry of Election Finance and the Legislative Ethics Board aimed at eliminating the state’s campaign contribution limits. The suit claims the $1,000 limit to individual candidates and the ban on corporate contributions are violations of free speech.

The suit also asks the court to strike down ethics rules prohibiting lobbyists from making contributions, prohibiting employers of lobbyists from making contributions while the Legislature is in session, and banning gifts from lobbyists to legislators.

Kentucky House candidate David Watson and Pendleton County judge candidate Ken Moellman Jr. have joined the suit. The state agencies have until October 6 to respond.

National:

Outside Groups Playing Bigger Role in 2015 State Elections
Center for Public Integrity – Liz Essley Whyte and Ashley Balcerzak | Published: 10/1/2015

Independent groups are playing a much larger role in state elections than a year ago, shows a Center for Public Integrity analysis of television advertising data. Though this year’s races are often drowned out by the hyperbole surrounding the 2016 presidential candidates, the growing role of independent political groups in state races tells a broader tale of their influence up and down the ballot, from governors’ races to state senate elections. With outside organizations playing a larger role in state elections, voters may not know who is behind the most vitriolic ads they see. Some of the groups do not have to disclose their donors, and some use alternate names that obscure their identities.

When Lobbyists Collide
Politico – James Panichi | Published: 9/25/2015

There is the perception that European lobbyists are as subtle and sophisticated as their American counterparts are brash and willing to step on toes to achieve their goals. But some experts say any real differences in the approaches are overstated and often easily overcome. What has long been billed as a clash of civilizations may simply be the result of smart professional adapting to different institutional ecosystems.

Federal:

Big Donors Seek Larger Roles in Presidential Campaigns
New York Times – Ashley Parker | Published: 9/29/2015

In an election cycle that is already on track to break spending records, and with few limits on contributions to super PACs and other outside groups, wealthy donors have never been more important. No longer satisfied with sitting on the sidelines and writing big checks, many of them are eager to play larger roles in the campaigns. They expect their views to be heard quickly and their concerns taken seriously, sometimes creating headaches and potential awkwardness for the campaigns and super PACs, which must tend to the contributors and their seemingly endless suggestions and questions.

FEC Employees: A bedraggled lot
Center for Public Integrity – Dave Levinthal | Published: 9/28/2015

A survey showed FEC employees, a generally unhappy lot for years, are even more unsatisfied with their jobs than before. The Federal Employee Viewpoint Survey’s satisfaction index places the agency near the bottom of 41 small agencies ranked. Three rank-and-file FEC employees interviewed told a similar story about agency morale: that it is bad and getting worse. The staffers’ primary complaint is that FEC employees often do not feel as if their work is valued by agency leaders, if it is acknowledged at all. Just 32 percent of employees responding to the survey said they were satisfied with the agency as an organization. Even fewer, 30 percent, said they would recommend people work there. The FEC fared marginally better in terms of employee pay satisfaction and personal job satisfaction.

House Speaker John Boehner to Resign at End of October
Washington Post – Mike DeBonis and Paul Kane | Published: 9/25/2015

House Speaker John Boehner will resign from Congress at the end of October. He has struggled from almost the moment he took the speaker’s gavel in 2011 to manage the challenges of divided government and to hold together his fractious and increasingly conservative Republican members. Most recently, Boehner was trying to craft a solution to keep the government open through the rest of the year, but was under pressure from a growing base of conservatives who told him that they would not vote for a bill that did not defund Planned Parenthood. Several of those members were on a path to remove Boehner as speaker, though their ability to do so was far from certain.

From the States and Municipalities:

California – Gun Discounts for LAPD Unit May Have Violated Ethics Rules
Los Angeles Times – Kate Mather | Published: 9/25/2015

Los Angeles police officers in a unit that evaluated Smith & Wesson handguns for a new department contract used their relationship with the company to privately purchase discounted pistols for members of the unit, a possible violation of city ethics rules. Although the unit’s officers were allowed to purchase various pistol models and calibers, the report found that the average discount for Smith & Wesson M&P 9-millimeter handguns was about $125 to $130 off the already reduced price of $455 usually offered to law enforcement officers. Ethics rules prohibit city employees from trying “to create or attempt to create a private advantage or disadvantage, financial or otherwise, for any person.” In addition, employees who are required to file statements of economic interest are not allowed to solicit gifts or accept gifts of more than $100 from a “restricted source.”

Indiana – Indiana Rep. Jud McMillin Resigns after Sex Video Emerges
USA Today – Tony Cook and Chelsea Schneider (Indianapolis Star) | Published: 9/30/2015

House Majority Leader Jud McMillin abruptly resigned after a sexually explicit video was sent via text message from his cellphone. It is unclear who sent the text or how broadly it was distributed. McMillin had texted multiple people stating that his cellphone had been stolen and apologizing for messages they may have received from his number. It is the second sex-related scandal to rock the Indiana House this year. Rep. Justin Moed apologized earlier this year after a website exposed his sexting activities with Sydney Leathers, the woman at the center of the Anthony Weiner scandal.

Iowa – Judge Upholds Iowa Rule on Corporate Spending in Campaigns
Quad City Times; Associated Press –   | Published: 9/29/2015

U.S. District Court Judge Robert Pratt upheld an Iowa law that requires the boards of corporations and labor unions to approve any money they spend to influence elections. Pratt ruled the requirement does not violate the right to free association or illegally restrain speech. He said it ensures the integrity of the political system by letting the public know the spending is backed by the group and not “just an individual with access” to its bank account.

Massachusetts – Massachusetts Public Official Financial Records Obscured by State Law
MassLive – Dan Glaun | Published: 9/25/2015

While Massachusetts lawmakers, state officials, and other policy-makers are required to report the details of their property and financial holdings each year, the public does not have ready access to those disclosures. The state’s ethics law includes a quirk that can deter access to what are records designed to inform the public: all requests must be accompanied by personal identification and are forwarded to the official whose finances are being inspected. In practice, this means sending the State Ethics Commission individual forms for each statement, along with a copy of the requester’s license. It also means no online access to the statements, and no access whatsoever for residents unwilling to alert their representatives to their curiosity into those officials’ personal finances.

Michigan – Are State Lawmakers Running on Your Dime? Courser, Gamrat Staffs Weren’t the Only Ones Blurring That Line
MLive – Emily Lawler | Published: 9/29/2015

State law, supervisors, and Michigan House rules ask staffers to walk a fine line between official and political business. But it is a line that sometimes blurs. It is not unusual for staff members to serve an official, state-paid role while doing campaign work like knocking doors after hours, or clocking out for a few minutes to do a political task during normal House business hours, according to interviews with former employees. There are also House staffers who run substantial side businesses, collecting a state salary but doing thousands or hundreds of thousands of dollars’ worth of political business.

New Jersey – Tangled Web Surrounds United’s Aborted Atlantic City Routes
New York Times; Associated Press –   | Published: 9/27/2015

Desperate to draw visitors to Atlantic City, New Jersey officials gave United Airlines more than $100,000 in incentives to fly to the seaside resort for at least a year. Then, when United abruptly canceled the money-losing routes eight months later, the officials appointed by Gov. Chris Christie decided not to enforce a contract provision that required the airline to repay the money. The Atlantic City flights and the debt forgiveness are just two elements of the tangled relationships between the Christie administration, the Port Authority of New York and New Jersey, and United Airlines – New Jersey’s eighth-largest employer. For instance, it was a public agency headed by Christie’s Transportation Commissioner Jamie Fox, a former United lobbyist, that forgave the airline’s debt.

New York – Power in Money: When is lobbying in N.Y. not lobbying?
Binghamton Press and Sun-Bulletin – Joseph Spector | Published: 9/27/2015

As lobbying spending in New York increased from $144 million in 2005 to $226 million in 2015, so too has the sophistication of the campaigns. No longer is the key to success solely hiring a lobbying firm to stroll the hallways trying to drum up votes. It requires a broad media strategy to win over lawmakers in their districts and in Albany. A review of records shows public-relations firms have collected more than $3 million since 2010 from political campaigns and then worked on efforts to promote key issues before the Legislature through coordinated lobbying efforts. PR firms that can offer a cache of services to public officials and private companies are the new frontier, and state laws have yet to keep up.

New York – U.S. Investigating Contract Awards in Buffalo Turnaround Project
New York Times – Susanne Craig, William Rashbaum, and Thomas Kaplan | Published: 9/27/2015

Federal investigators subpoenaed the State University of New York Polytechnic Institute and Empire State Development in a probe of Gov. Andrew Cuomo’s program to revitalize Buffalo’s economy. U.S. Attorney Preet Bharara’s office has been examining how the government-funded projects were awarded, and whether state elected officials played a role in choosing who would benefit from the major infusion of funds. SUNY Polytechnic Institute has played a central role in administering the governor’s effort and Empire State Development, the state’s economic development agency, is providing funding for the program.

North Carolina – NC Primaries Officially on March 15 with Signing

Raleigh News & Observer – Gary Robertson (Associated Press) | Published: 9/30/2015

North Carolina will hold its primary elections on March 15 next year under a bill signed into law by Gov. Pat McCrory. The new law allows state House and Senate caucuses to create “affiliated party committees” that can raise money to support legislative candidates without going through the state party operations. Supplemental legislation approved by lawmakers makes clear the caucus committees could only spend money to support House or Senate candidates, depending on the group. The measure also allows the creation of similar affiliated committees jointly held by members of the Council of State from the same party. Council members include the governor, lieutenant governor, and other statewide elected officials. None of the groups could raise money from lobbyists during the legislative sessions.

South Carolina – Capitol Gains: SC politicians use office to pad pockets
Center for Public Integrity – Tony Bartelme and Rachel Baye | Published: 9/25/2015

An investigation found South Carolina lawmakers and candidates used campaign accounts, reimbursements from state government, and gifts from special interests to pay for car repairs, football tickets, male-enhancement pills, and other questionable items. The inner workings of this cash network typically remain hidden unless prosecutors subpoena questionable receipts and other evidence locked away from public view, as happened in the case of former House Speaker Bobby Harrell. His conviction for misusing campaign money to pay for his private plane left many in the capital wondering whether other lawmakers would be charged. At least one active criminal investigation is underway, and a handful of legislators have been mentioned in a State Law Enforcement Division report.

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

Lobbying

New Mexico: “Lobbyist Contributions Helped GOP Win House In 2014” by Sandra Fish (New Mexico in Depth) for KRWG

Texas: “Building Professionals Distraught Over Proposed City Lobbying Changes” by Jack Craver for Austin Monitor

Campaign Finance

New York: “Carly Fiorina’s ‘Super PAC’ Aids Her Campaign, in Plain Sight” by Nick Corasaniti for New York Times

Iowa: “Judge Upholds Iowa Rule on Corporate Spending in Campaigns” by Quad City Times; Associated Press

Ethics

New York: “Some Counts Dismissed in Indictment of Robert Menendez” by Alexander Burns for New York Times

California “California Lawmaker Turns ‘Juice’ into Campaign Cash” by Laurel Rosenhall (CALmatters) for San Francisco Chronicle

Connecticut: “Treasurer’s Soliciting Donations from Contractors Questioned” by Jon Lender for Hartford Courant

Indiana: “Indiana Rep. Jud McMillin Resigns after Sex Video Emerges” by Tony Cook and Chelsea Schneider (Indianapolis Star) for USA Today

Michigan: “Ex-Cop Gets Almost 5 Years in Prison in Pension Scandal” by Robert Snell for Detroit News

Minnesota: “State Grants for Bus Firms Raise Conflict-of-Interest Questions for MnDOT Commissioner” by Ricardo Lopez for Minneapolis Star Tribune

Campaign Finance

New York: “Big Donors Seek Larger Roles in Presidential Campaigns” by Ashley Parker for New York Times

“FEC Employees: A bedraggled lot” by Dave Levinthal for Center for Public Integrity

“Shop on Amazon.com, Help Elect Bernie Sanders?” by Michael Beckel for Center for Public Integrity

North Carolina: “Concerns Raised About Special Funds to Be Controlled by Top NC Lawmakers” by Taylor Knopf for Raleigh News & Observer

Pennsylvania: “Bill Would Place New Financial Limits on Pittsburgh Candidate Campaigns” by Bob Bauder for Pittsburgh Tribune-Review

Ethics

“Secret Service Officials Allowed to Participate in Probe of Leak by Agency” by Jerry Markon for Washington Post

Michigan: “Are State Lawmakers Running on Your Dime? Courser, Gamrat Staffs Weren’t the Only Ones Blurring That Line” by Emily Lawler for MLive

New York: “Tangled Web Surrounds United’s Aborted Atlantic City Routes” New York Times; Associated Press

New York: “Heastie Names Chief of New Assembly Ethics Compliance Office” by Casey Seiler for Albany Times Union

Elections

New York: “Donald Trump Is Not Going Anywhere” by Mark Leibovich for New York Times

Ethics:

Massachusetts: “Suffolk Sheriff Fined for ‘Coercive Use’ of His Position” by Michael Norton State House News Service for Fitchburg Sentinel & Enterprise

California: “County Supervisors Appear Ready to Support an Ethics Commission” by Nick Gerda for Voice of OC

Colorado: “Denver Gives Red Light to Inspectors Consulting for Marijuana Industry” by Jon Murray for Denver Post

Florida: “Meggs among Supporters of Anti-Corruption Bill” by Jeff Burlew for Tallahassee Democrat

Massachusetts: “Massachusetts Public Official Financial Records Obscured by State Law” by Dan Glaun for MassLive

Lobbying:

“‘Lobbying’ Firm Raises More Questions than Answers” by Megan Wilson for The Hill

 “When Lobbyists Collide” by James Panichi for Politico

Campaign Finance:

Washington: “Tim Eyman Investigation Referred to AG’s Office” by Joseph O’Sullivan for Seattle Times

Pennsylvania: “Allentown Council to Vote on Anti-Pay-to-Play Bill” by Emily Opilo for Allentown Morning Call

Elections:

North Carolina: “2016 N.C. Primary Set for March” by Bertrand Gutiérrez for Winston-Salem Journal

Legislative Issues:

“House Speaker John Boehner to Resign at End of October” by Mike DeBonis and Paul Kane for Washington Post

Ethics

New York: “Amid Federal Probe, Port Authority Adopts New Ethics Rules” Albany Times Union; Associated Press

California: “Gun Discounts for LAPD Unit May Have Violated Ethics Rules” by Kate Mather for Los Angeles Times

Connecticut: “Amid Questions, Commissioner Won’t Recuse Herself from Anthem-Cigna Proposal” by Arielle Levin Becker for Connecticut Mirror

D.C.: “Metro Board Chair Violated Conflict Rules, D.C. Inspector General Says” by Paul Duggan for Washington Post

New York: “U.S. Investigating Contract Awards in Buffalo Turnaround Project” by Susanne Craig, William Rashbaum, and Thomas Kaplan for New York Times

South Carolina: “Capitol Gains: SC politicians use office to pad pockets” by Tony Bartelme and Rachel Baye for Center for Public Integrity

Lobbying:

New York: “Power in Money: When is lobbying in N.Y. not lobbying?” by Joseph Spector for Binghamton Press and Sun-Bulletin

Campaign Finance

Maine: “Ethics Commission Staff Wants Organizations to Disclose Campaign Donors” by Kevin Miller for Portland Press Herald

New Jersey: “N.J. Senate Moves to Ban Campaign Cash from Businesses Getting Subsidies” by Samantha Marcus for Newark Star-Ledger

Washington: “State AG’s Office Sues SEIU 775 over Political Contributions” by Jim Brunner for Seattle Times

Federal:

‘Lobbying’ Firm Raises More Questions than Answers The Hill – Megan Wilson | Published: 9/24/2015

The DG Group appears to have all the trappings of a Washington lobby firm. Featuring images of the Capitol dome and promises of inside access, its website advertises a “scalable lobbying and global advocacy consultancy firm” with a track record of success. But much of the site is phony. It uses text lifted from the BGR Group, the lobbying firm founded by former Mississippi Gov. Haley Barbour. The DG Group origin statement includes a paragraph from the website of Mercury, a global public relations firm with a Washington office. Photographs of DG Group lobbyists appear to be taken from PR websites and stock-photo archives. One of the people pictured as part of the firm’s leadership is a professor at Duke University’s Divinity School. Another is a comedian based in San Diego.

Political Parties Go after Million-Dollar Donors in Wake of Looser Rules
Washington Post – Matea Gold and Tom Hamburger | Published: 9/19/2015

The Republican National Committee is asking donors for $1.34 million per couple this election cycle. Democratic contributors, meanwhile, are being hit up for even more, about $1.6 million per couple, to support the party’s convention and a separate joint fundraising effort between the Democratic National Committee and Hillary Clinton’s campaign. In return, elite donors are being promised perks such as exclusive retreats with top party leaders and VIP treatment at the nominating conventions. Just four years ago, the most a donor could give a national political party was $30,800. The dramatic rise has been driven by the U.S. Supreme Court’s McCutcheon decision that did away with a cap on how much a political donor could give in an election cycle, and an expansion of party fundraising tucked into a recent appropriations bill.

Scott Walker’s Demise Shows Limits of ‘Super PAC’ Money Model
New York Times – Nicholas Confessore | Published: 9/22/2015

The super PAC backing Scott Walker was on pace to raise as much as $40 million by the end of the year, but Walker abruptly ended his campaign for the Republican presidential nomination largely because he was out of cash. His withdrawal from the GOP primary, like that of former Texas Gov. Rick Perry, highlights the limitations of the new fundraising model. Super PACs cannot pay rent, phone bills, salaries, or ballot access fees. They are not entitled to the preferential rates on advertising that federal law grants candidates, forcing them to pay far more money than candidates must for the same television and radio time. The fates of Walker and Perry hint at the systemic dangers of the super PAC-driven financial model on which virtually the entire Republican field has staked its chances.

From the States and Municipalities:

California – State Panel Outlaws ‘Dark Money’ in California Political Campaigns
Los Angeles Times – Patrick McGreevy | Published: 9/17/2015

The California Fair Political Practices Commission will now require out-of-state nonprofits to disclose their donors when they oppose or support a ballot measure or candidate through a federal PAC. The move came in the wake of fines levied against two Arizona nonprofits after they refused to reveal their donors behind two campaigns. The commission also voted to improve its program that identifies the top ten contributors to ballot measures on the its website. If one of the top ten donors is a group with a generic name that does not indicate who is behind it, the new rules would require it to disclose its top two contributors.

Colorado – Denver Gives Red light to Inspectors Consulting for Marijuana Industry
Denver Post – Jon Murray | Published: 9/23/2015

City inspectors for marijuana licensing in Denver asked the Board of Ethics for its blessing to work as paid consultants to the cannabis industry elsewhere. The board’s answer was a resounding no. Its advisory opinion cites concerns about potential conflicts-of-interest and bad appearances, saying such work would violate the city’s ethics code. Legislation passed this year soon will bar any work or consulting for the marijuana industry until six months after an employee has left his or her state job. The inspectors’ request reflects some remaining uncertainty as Denver and Colorado traverse the new landscape of legal recreational marijuana.

Florida – Corcoran Lobbies for Lobbyist Rules
Lakeland Ledger – Lloyd Dunkelberger | Published: 9/20/2015

Republicans elected Rep. Richard Corcoran as the next speaker of the Florida House, and he immediately laid out the most ambitious set of lobbying reforms that the state capital has seen in a decade. Corcoran, whose brother, Michael, is a prominent Capitol lobbyist, said the public is fed up with how money and political backscratching is controlling the agenda from Washington to Tallahassee. “The enemy is not the special interests; the enemy is not the press; the enemy is not any of that stuff. The enemy has always been and will always be us,” Corcoran told House members.

Kentucky – GOP State Senator Suing to Overturn Kentucky Laws Limiting Campaign Donations
Lexington Herald-Leader – John Cheves | Published: 9/23/2015

Kentucky Sen. John Schickel and two Libertarian candidates are suing to overturn state laws limiting campaign donations to $1,000 and prohibiting gifts to legislators from lobbyists. They also want the court to strike down rules prohibiting lobbyists from donating money to legislators or legislative candidates and that bar the employers of lobbyists from contributing while the General Assembly is in session. They say the laws violate their constitutional rights to free speech and equal protection by restricting their access to people who want to help them. But state regulators say the laws are meant to prevent bribery at the Capitol. Most were enacted after Operation BOPTROT, an FBI investigation in 1992 that exposed 15 current or former legislators who sold their votes.

Michigan – Kilpatrick Pal Gets 11 Years in City Pension Scandal
Detroit News – Robert Snell | Published: 9/21/2015

Former Detroit Treasurer Jeffrey Beasley was sentenced to 11 years in prison for taking bribes and kickbacks in a scheme that cost the city’s pension funds $97 million in losses. Beasley, who was Kwame Kilpatrick’s fraternity brother and a pension trustee while his friend was mayor, received the third-longest sentence of anyone targeted in the FBI’s decade-long corruption probe that netted 38 convictions. Beasley and Kilpatrick were both trustees to the pension funds. The federal government says the pair accepted lavish gifts – including private jet travel, trips and golf outings – from an investment adviser to the city’s pension funds in exchange for favoritism before the pension board.

Missouri – Missouri Legislators Serve Hors d’Oeuvres, Lobbyists Pass the Envelopes
St. Louis Post-Dispatch – Kevin McDermott | Published: 9/20/2015

On the eve of the one-day veto session of the Missouri Legislature, and for a few hours on the morning of the session, about 60 of lawmakers hosted or co-hosted 18 separate campaign fundraising events in Jefferson City. The attendees are not charged admission or a per-plate fee. Rather, they hand over checks at their own discretion as they enter. Most are lobbyists representing special interests whose fates the lawmakers can decide with their votes. “At the end of the day, checks are going to come in either way; this is a just a chance that they get to hand it to us instead of putting it in a P.O. Box. Everybody does it,” said Rep. Caleb Rowden.

New York – William Boyland Jr., Ex-New York Assemblyman, Gets 14-Year Sentence for Corruption
New York Times – Nicholas Casey | Published: 9/17/2015

Former New York Assemblyperson William Boyland, Jr. was sentenced to 14 years in prison and ordered to pay more than $325,000 for using his public post for personal gain. He was arrested in 2011, weeks after being acquitted in an unrelated bribery case, and charged with accepting bribes in exchange for political favors during a five-year period starting in 2007. In one instance, the authorities said at trial, Boyland funneled $200,000 of public money for the elderly to a nonprofit organization that he controlled and used the money to pay for events promoting his campaign, such as a boat cruise and “Team Boyland” T-shirts. He was also convicted of seeking reimbursement for more than $70,000 in false travel expenses.

Ohio – Disclosure Rules for Gifts Vague for Ohio’s Local Politicians
Columbus Dispatch – Lucas Sullivan | Published: 9/21/2015

Ethics has become a top issue in the races for Columbus City Council and mayor. The FBI is investigating the city’s red-light-camera contracts, and Councilperson Michelle Mills stepped down unexpectedly after questions were raised about the trip she and three other council members took with lobbyist John Raphael last year to the Big Ten championship football game. A Columbus Dispatch review found the disclosure rules for Ohio’s elected officials at the municipal level are vague and do not require complete disclosure. For example, unlike at the state level, lobbyists do not have to disclose their financial activity at the municipal level.

Ohio – Ohio Judge Loses Fundraising Challenge
Courthouse News Service – Lorraine Bailey | Published: 9/21/2015

An appeals court ruled the strict limitations that state judges in Ohio face on campaign fundraising do not violate the First Amendment. Colleen O’Toole is a candidate in the 2016 Ohio Supreme Court election. Her campaign claimed the state Code of Judicial Conduct was doing its best to keep her campaign grounded by prohibiting judicial candidates from personally soliciting campaign contributions unless they are speaking to a general audience of at least 20 people, and by making candidates legally responsible for the actions of their campaign committees, along with other restrictions. Sitting Ohio Supreme Court judges may have campaign funds left over from a prior judicial race that they can use to support their candidacy at any time, O’Toole said. But the appeals court affirmed the code of conduct, and held the rules are not the cause of the disparity that O’Toole’s campaign committee complains of.

Pennsylvania – Donations by Philly Sheriff’s Top OT Earners Raise Eyebrows
Philadelphia Inquirer – Claudia Vargas | Published: 9/20/2015

Nearly all the top recent earners of overtime in Philadelphia Sheriff Jewell Williams’ office had donated to his campaign fund. Williams said the contributions, typically $100 or $125 a year, reflected employees’ satisfaction with his work. In the fiscal year that ended June 30, records show 21 deputies with salaries anywhere from $58,000 to $76,000 earned enough overtime to boost their pay well into six figures. Most deputies who received little or no overtime in the most recent fiscal year did not donate to the campaign fund. Williams’ chief finance officer, Benjamin Hayllar, said: “There’s no quid pro quo here.”

Pennsylvania – Pa. Supreme Court Suspends Kane’s License
Philadelphia Inquirer – Angela Couloumbis and Craig McCoy | Published: 9/21/2015

The Pennsylvania Supreme Court ordered the suspension of the law license of state Attorney General Kathleen Kane, a step that could set up a Senate vote to remove her as she faces criminal charges. The unanimous order by the court could also prompt a legal challenge from Kane. In the meantime, the order has created the complication of leaving the state’s top law enforcement official, who is in charge of a 750-employee office and a $93 million budget, without the ability to act as a lawyer, at least temporarily. The order came after Montgomery County authorities arrested Kane on accusations she had leaked secret investigative information to a newspaper reporter and then lied about it under oath. She was charged with perjury, obstruction, and other counts.

Washington – State’s Disclosure Commission Names Tacoma Lawyer as New Director
Everett Herald – Jerry Cornfield | Published: 9/23/2015

Evelyn Lopez was chosen as the new executive director of the Washington Public Disclosure Commission. Lopez, a former assistant state attorney general, will take the helm as the commission looks to upgrade its technology to make it easier for the public to track the flow of money in campaigns through the agency’s online database. Lopez did not reveal any initiatives she wants to launch immediately but said there are a lot of issues out there related to the financing of campaigns. “If you’re a politician and you’re asking people to give you their hard earned money, you’ve got to be honest about how it is used; I am absolutely committed to open government and an informed electorate,” Lopez said.

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.

South Dakota Attorney General Marty Jackley recently released a statement describing a ballot measure to create a publicly funded campaign finance program. The program would allocate monetary credits to voters who could assign them to candidates.

The measure would also lower political contribution limits and create a revolving door provision for certain state officials seeking to become lobbyists. Said officials would be banned from lobbying for two years after leaving office.

Supporters must collect nearly 14,000 signatures to get the measure on the 2016 ballot.

Lobbying

“Donald Trump Says He Doesn’t Need Lobbyists. He’s Probably Wrong.” by Tina Nguyen for Vanity Fair

“Sandy Murman Announces Effort to Clean Up Special Interests’ Influence in County Government” by Staff  for SaintPetersBlog

Campaign Finance

“The Campaign-Finance Activist Who Thinks We Need More Money in Politics, Not Less” by Marin Cogan for New York Magazine

“Scott Walker’s Demise Shows Limits of ‘Super PAC’ Money Model” by Nicholas Confessore for New York Times

Ethics

“Hillary Clinton Proposes Cap on Patients’ Drug Costs as Bernie Sanders Pushes His Plan” by Patrick Healy and Margot Sanger-Katz for New York Times

Alabama: “Todd Opinion Draws Fire, Becomes Point in Hubbard Case” by Brian Lyman for Montgomery Advertiser

Kentucky: “GOP State Senator Suing to Overturn Kentucky Laws Limiting Campaign Donations” by John Cheves for Lexington Herald-Leader

Rhode Island: “Political Scene: R.I. lawmaker Lombardo gets a piece of action in state contract” by Jennifer Bogdan and Katherine Gregg for Providence Journal

Washington: “State’s Disclosure Commission Names Tacoma Lawyer as New Director” by Jerry Cornfield for Everett Herald

Procurement

Iowa: “Board Files Ethics Charges against Iowa Purchasing Executive” by Ryan Foley (Associated Press) for Des Moines Register

Lobbying

“K Street Merger Yields New Lobbying Powerhouse” by Megan Wilson for The Hill

Oregon: “Portland Weighing Rules on Lobbying by Political Consultants” by Brad Schmidt for Portland Oregonian

Campaign Finance

New Jersey: “Greater Transparency Urged for Political Donations by Private Pension Managers” by John Reitmeyer for NJ Spotlight

Ohio: “Ohio Judge Loses Fundraising Challenge” by Lorraine Bailey for Courthouse News Service

Pennsylvania: “Donations by Philly Sheriff’s Top OT Earners Raise Eyebrows” by Claudia Vargas for Philadelphia Inquirer

Washington: “Eyman Received Secret Payments from Signature Firm, PDC Says” by Jim Brunner for Seattle Times

Ethics

Colorado: “State Supreme Court Weighs Colorado Ethics Commission Secrecy” by Marianne Goodland for Colorado Independent

Michigan: “Kilpatrick Pal Gets 11 Years in City Pension Scandal” by Robert Snell for Detroit News

New York: “William Boyland Jr., Ex-New York Assemblyman, Gets 14-Year Sentence for Corruption” by Nicholas Casey for New York Times

New York: “Will Review of Ethics Watchdog Have Bite?” by Chris Bragg for Albany Times Union