Ethics

Hawaii: “Hawaii Attorney General to Appeal Financial Disclosure Ruling” by Nathan Eagle for Honolulu Civil Beat

Indiana: “Indiana Ethics Chief Seeks Changes after Scandals” by The Associated Press for Indianapolis Business Journal

Michigan: “State Employees Fired, Disciplined after Accepting Gifts from Grandville Contractor” by Emily Lawler for MLive.com

Pennsylvania: “Final 2 Pa. Turnpike Public Corruption Defendants Plead Guilty, Receive 5 Years of Probation” by Mark Scolforo (Associated Press) for Columbus Republic

Lobbying

“Washington’s Lobbying Corps Populated By Former Lawmakers, Staffers” by Austin Jenkins for KUOW

Campaign Finance

“Senate Pockets More than $4 Million of Campaign Cash” by Kellan Howell

for Washington Times

Arizona: “Horne Pays $10,000 Settlement in Campaign-Violations Case” by Julia Shumway for Arizona Republic

Ohio: “Ex-Suarez Corp. CFO Michael Giorgio Sentenced to More Than 2 Years in Prison – Nearly Double Ben Suarez’s Time” by James McCarty for Cleveland Plain Dealer

On December 1, 2014 Bill Walker will be sworn in as Alaska’s governor. If you are planning involvement in inaugural events, be aware of the gift and campaign finance laws.

Lobbyists and non-lobbyists may provide legislators with tickets or contributions to a preapproved charity event with an annual aggregate value of less than $250.

Executive branch officials are prohibited from accepting gifts that may improperly influence the official. A gift from a lobbyist to a public official or to an immediate family member is presumed to be intended to influence the performance of official duties unless the giver is an immediate family member of the person receiving the gift. Occasional gifts of $50 or less from a non-lobbyist are presumed not to improperly influence.

Corporate contributions are prohibited in Alaska. Additionally, candidates are unable to use campaign funds for inaugural expenses until they receive an opinion from APOC designating inaugural activities as reasonably related to their political campaign. Use caution if asked to make contributions for inaugural events.

Hawaii’s Governor-Elect, David Ige, is scheduled to be inaugurated on December 1, 2014. There are several things to keep in mind if you are considering involvement in inaugural events.

In Hawaii neither lobbyists nor non-lobbyists are permitted to provide event tickets to state legislators or employees.

If you intend to make a contribution to defray inaugural expenses, keep in mind contributions made or accepted for that purpose are subject to ordinary contribution limits. Individuals, partnerships, noncandidate committees, parties, associations, corporations, business entities, organizations, and labor unions may contribute up to $6,000 per election period to a candidate for a four-year statewide office.

For the offices of governor and lieutenant governor, the four-year contribution period ended on election day. Contributions made to a candidate’s committee on or after November 5, 2014, will count towards the 2018 election period limits.

National:

A Citizen’s Guide to Buying Political Access
New York Times – Tara Siegel Bernard | Published: 11/18/2014

A recent study provides some confirmation of what many voters have long assumed: campaign donations buy access to politicians. Precisely how much money it takes to gain access is up for debate, and it will vary across offices, but even politicians themselves have admitted big donors get special treatment. As long as there is not an exchange of money for favors, the potential influence of large donors has been deemed acceptable by the U.S. Supreme Court, which in recent decisions relaxed rules on financing campaigns. At the state level, research has found money is more influential in some Legislatures than in others, and what is considered a meaningful donation will also differ.

Federal:

How the GOP Used Twitter to Stretch Election Laws
CNN – Chris Moody | Published: 11/15/2014

The National Republican Congressional Committee and a pair of GOP-aligned outside groups, the American Action Network and American Crossroads, used anonymous Twitter accounts to share polling information ahead of the 2014 elections, according CNN. That allowed them to skirt rules banning private sharing of information between outside groups and the national parties, rules that have been increasingly circumvented as campaign finance laws have crumbled in the wake of the U.S. Supreme Court’s Citizens United decision. There are still rules preventing direct coordination but campaigns and committees often publicly post information, messaging, and video footage in order to let super PACs and other outside groups use the information.

New Senators Tilt G.O.P. Back toward Insiders
New York Times – Jeremy Peters | Published: 11/15/2014

When Republicans take over the U.S. Senate in January, the 11 men and women of the party’s freshman class will be, with a lone exception, people whose careers blossomed inside the government bureaucracy. They are a counterintuitive fit with the anti-government, anti-establishment fervor that has energized the GOP of late. And their victories seem hard to reconcile with the strong hostility toward government institutions that dominated the recent midterm elections.

Top Spenders on Capitol Hill Pay Billions, Receive Trillions
Sunlight Foundation – Bill Allison and Sarah Harkins | Published: 11/17/2014

The Sunlight Foundation has devised a new way to gauge how much power corporations wield in Washington, D.C. The foundation took the 200 corporations most active in the capital, analyzed the years 2007 to 2012, and applied several metrics: what the companies got in federal contracts and other federal support, what they spent on lobbying, and how much their executives and PACs gave in campaign contributions. Bill Allison, the foundation’s editorial director, said the top 200 corporations accounted for nearly $6 billion in lobbying and campaign contributions; those same companies benefited from more than $4 trillion in federal contracts and assistance.

From the States and Municipalities:

Idaho – Lawyer-Lobbyists Influence Idaho Law
Idaho Statesman – Audrey Dutton | Published: 11/19/2014

Roy Eiguren, a 62-year-old Boise attorney and lobbyist, remembers a day in 2004 when Idaho lawmakers in a special session started at 8:30 a.m. and had an electric-utilities bill on the governor’s desk by 4 p.m. Eiguren was the primary draftsman on the bill. “… It was, I think, a great example where a lawyer who is a lobbyist can play a very significant role,” said Eiguren. He and other lawyers say they happened into lobbying and have witnessed a transformation in Idaho politics and Capitol culture.

Maine – Maine Ethics Commission Wants More Money to Shed Light on Campaign Spending, Lobbying
Lewiston Sun Journal – Mario Moretto (Bangor Daily News) | Published: 11/19/2014

The Maine Commission on Governmental Ethics and Election Practices is looking for additional funding to increase transparency on the financing of campaigns and lobbying. The request would divert all of the revenue from lobbyist registration fees to the commission. The agency currently receives half of all lobbying fees, and the other half goes to the state’s General Fund. “… The commission staff would like to propose that our agency receive the entire fee and use the increased revenue for [information technology] expenses to better disclose lobbying and campaign finance information to the public,” said Executive Director Jonathan Wayne.

Massachusetts – Baker Limits Corporate, Lobbyist Gifts to Inauguration Committee
Boston Globe – David Scharfenberg | Published: 11/19/2014

Massachusetts Gov.-elect Charles Baker set a $25,000 limit on corporate contributions and a $250 cap on lobbyist gifts to his inauguration committee. Donations to inaugural committees are closely watched. Gov. Deval Patrick collected donations of up to $50,000 in the run up to his first inauguration in 2007, a five-day $1 million celebration. Boston Mayor Martin Walsh solicited gifts of up to $25,000 before his swearing-in.

Michigan – Which Lobbyists Interact with Your Lawmakers?
Lansing State Journal – Justin Hinkley | Published: 11/15/2014

Critics say two decades of term limits have drained institutional knowledge from the Michigan Legislature. In response, lobbyists in Lansing have launched a series of forums to train their peers on best practices for the industry as watchdogs call for more transparency. A movement also is afoot to change term limits in the state, though that is not specifically related to lobbying. “People aren’t always up to speed on the rules, the unwritten ones and the written ones, and because of that, there’s the potential for sloppiness,” said Rob Fowler, chief executive officer of the Small Business Association of Michigan.”

Mississippi – Federal Panel Upholds Mississippi Campaign Finance Law
Biloxi Sun Herald; Associated Press –   | Published: 11/14/2014

A federal appeals panel upheld the constitutionality of a Mississippi campaign finance law that requires reporting by people or groups that spend at least $200 to support or oppose a ballot initiative. The three-judge panel of the Fifth U.S. Circuit Court of Appeals reversed a 2013 decision by U.S. District Court Judge Sharion Aycock, who found the $200 reporting threshold too burdensome for smaller groups. The appeals panel said Mississippi’s reporting requirements are similar to those of other states.

Missouri – Missouri Attorney General Puts Limit on Contributions
New York Times – Eric Lipton | Published: 11/19/2014

To repair his reputation, Missouri Attorney Chris Koster has announced self-imposed guidelines on what campaign donations he will accept as he runs his office while also running for governor in 2016. He has been hurt by reports that his office may have given preferential treatment to campaign donors and lobbyists. Under Koster’s new policy, he will no longer accept donations from individuals or companies that are the subject of an ongoing investigation or one that has been resolved in the prior three months, nor will he accept contributions from any lobbyists, attorneys, or law firms who represent them. He also announced he would no longer take gifts of any value from registered lobbyists.

Rhode Island – Patrick Lynch Lobbied Rhode Island Attorney General’s Office for Years but Never Registered
The Daily Journal – Michelle Smith (Associated Press) | Published: 11/17/2014

Since his tenure as Rhode Island’s attorney general ended, Patrick Lynch has lobbied his former office several times, but he has never registered with the state as a lobbyist. Lynch denies his communications constitute lobbying. But in emails sent by him and his assistant, Lynch pushed for actions on topics including online gambling and concerns about business practices by Google. Under state law, lobbying is defined as seeking to promote, oppose, or influence decisions or actions by the executive branch, including decisions by the attorney general’s office. Lobbyists are required  to register annually with the secretary of state’s office and file twice-yearly reports.

Virginia – McAuliffe’s Ethics Panel Recommends Changes on Gift, Disclosure, Conflict Rules
Richmond Times-Dispatch – Jim Nolan | Published: 11/14/2014

Virginia Gov. Terry McAuliffe’s government integrity commission agreed to preliminary recommendations that would limit the value of gifts lawmakers could receive but would also weaken disclosure rules. The commission proposed a ban on gifts exceeding $250, with the exception of trips cleared in advance by an independent board with the authority to investigate malfeasance and impose fines. Although lawmakers currently have to disclose gifts worth more than $50, under the commission’s proposal, that threshold would increase to $100. The commission must deliver its full recommendations to McAuliffe by December 1.

West Virginia – Ethics Commission Hires Stepto as Director
Charleston Gazette – Phil Kabler | Published: 11/13/2014

The interim executive director of the West Virginia Ethics Commission has been given the job permanently. Rebecca Stepto was chosen from among 15 applicants. Stepto became interim executive director after the commission fired Joan Parker without explanation.

Wisconsin – Did Senators’ Sendoff Violate Wisconsin Lobbying Law?
Wisconsin Reporter – M.D. Kittle | Published: 11/19/2014

The farewell reception for retiring Wisconsin Sens. Tim Cullen, Bob Jauch, and Dale Schultz was attended by a slew of prominent politicians, along with many lobbyists. The fact that the lobbyists paid the $10 entry fee appears to be a violation of state law.  The statute says “no candidate for an elective state office, elective state official, agency official, or legislative employee of the state may solicit or accept anything of pecuniary value from a lobbyist or principal.” There are exceptions to the rules, but they do not appear to apply in this case.

Wyoming – Lawmakers Punt on Campaign Disclosure Bill
Wyoming Tribune-Eagle – Trevor Brown | Published: 11/15/2014

A legislative panel has tabled a proposed bill that would tighten Wyoming’s campaign contribution laws. The proposal sought to force groups who attack or support candidates to disclose their donors. The current law says independent expenditures need to be reported to the state if it “expressly” advocates for the election or defeat of a candidate. The proposed bill said these groups would need to disclose their donors if they “directly or indirectly” advocated for the election or defeat of a candidate. But this caused worries by some that this definition would be overly broad.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

Lobbying

“K Street Files: Democratic Lobbyists Still Have Value” by Kate Ackley for Roll Call

“Gov. Brown Holds a Private Reception with Campaign Donors” by Chris Megerian for Los Angeles Times

“Lawyer-Lobbyists Influence Idaho Law” by Audrey Dutton for Idaho Statesman

Campaign Finance

“A Citizen’s Guide to Buying Political Access” by Tara Siegel Bernard for New York Times

“Baker Limits Corporate, Lobbyist Gifts to Inauguration Committee” by David Scharfenberg for Boston Globe

“Pa. Teacher Files Labor Relations Complaint against Union over Political Mailing” by Megan Harris for Pittsburgh Tribune-Review

Ethics

“Bosma: Close cooling-off period loophole” by Tony Cook and Ryan Sabalow for Indianapolis Star

“GOP-Led Committee Rejects KanCare Ethics Probe” by Tim Carpenter for Topeka Capital-Journal

“Texas Governor Perry Loses Bid to Disqualify Prosecutor” by Laurel Brubaker Calkins for Bloomberg News

“Vos’ Attacks on Elections and Ethics Watchdog Draw Return Fire” by Bill Lueders for WisconsinWatch.org

Elections

“New Senators Tilt G.O.P. Back toward Insiders” by Jeremy Peters for New York Times

Lobbying

“Top Spenders on Capitol Hill Pay Billions, Receive Trillions” by Bill Allison and Sarah Harkins for Sunlight Foundation

“Gift Ban Legislation to Get Second Chance as Wolf Pushes Own Ethics Reform” by Andrew Staub for Pennsylvania Independent

Campaign Finance

“Pay-to-Play Restrictions on Government Contracting Under Assault” by Craig Holman for Huffington Post

“FINRA Proposes Pay-to-Play Rules” in ThinkAdvisor

“APOC, Marijuana Activist Charlo Greene Clash over Campaign Disclosure Questions” by Suzanna Caldwell for Anchorage Daily News

“Vincent Gray Rejects Plea Offer; Federal Prosecutors Moving Closer to Indictment” by Mike DeBonis for Washington Post

“Colleagues Defend Councilwoman Debi Rose against ‘Witch Hunt’” by Anna Sanders for Staten Island Advocate

Ethics

“Ethics Changes, Court Rules among First Bills Arkansas Lawmakers File for 2015 Session” by Andrew DeMillo (Associated Press) for The Daily Journal

“Florida Attorney General to Head Group That Financed Her Campaign” by Bill Cotterell for Reuters

“SC House Panel OKs ‘Sunshine’ Proposals” by Jamie Self for The State

Legislative Issues

“Senate Officials Ponder Definition of Journalist for Pressroom Access” by Tim Lockette for Anniston Star

Lawmakers have prefiled a bill to clarify new ethics laws contained in a constitutional amendment passed by voters on November 4, 2014.

The amendment prohibits lobbyist gifts and corporate contributions, but the Ethics Commission needs further legislative authority to enforce the constitutional changes.

Democratic Rep. Warwick Sabin and Republican Sen. Jon Woods filed House Bill 1002 as a shell bill, without any specific proposals, to publicize the issue ahead of the session start date on January 12, 2015.

Photo of the Arkansas State Capitol by jglazer75 on Wikimedia Commons.

Lobbying

“Lobbyist Group to Elect New Leaders” by Megan Wilson for The Hill

“Which Lobbyists Interact with Your Lawmakers?” by Justin Hinkley for Lansing State Journal

“Patrick Lynch Lobbied Rhode Island Attorney General’s Office for Years but Never Registered” by Michelle Smith (Associated Press) for The Daily Journal

“Lobbyist – a Dirty Word or How Things Get Done?” by Cathy McKitrick for The Standard-Examiner

Campaign Finance

“How the GOP Used Twitter to Stretch Election Laws” by Chris Moody for CNN

“Federal Panel Upholds Mississippi Campaign Finance Law” by The Associated Press for Biloxi Sun Herald

“National Education Group Agrees to Pay $10,000 Fine for Oklahoma Election Ethics Violations” by Nolan Clay for The Oklahoman

“Lawmakers Punt on Campaign Disclosure Bill” by Trvor Brown for Wyoming Tribune-Eagle

Ethics

“Former SC State Senator Indicted on Public Corruption Charges” by Jamie Self for The State

“McAuliffe’s Ethics Panel Recommends Changes on Gift, Disclosure, Conflict Rules” by Jim Nolan for Richmond Times-Dispatch

Legislative Issues

“How McConnell World Works” by Anna Palmer for Politico

Lobbying

“Report: Energy contractor and former lawmaker lobbied officials for no-bid contract worth $2.4 billion per year” by Josh Hicks for Washington Post

Arizona: “Ducey Seeking Donations to Gubernatorial Transition Effort” by Howard Fischer (Capitol Media Services) for Arizona Daily Star

California: “California Legislators Flying to Maui to Meet with Special Interests” by Patrick McGreevy for Los Angeles Times

Campaign Finance

“Hate Political Ads? Skip Morning Shows” by Dave Levinthal for Center for Public Integrity

Massachusetts: “Election Was Awash in Cash, but Effect is Unclear” by David Scharfenberg for Boston Globe

San Diego, CA: “Fines Levied for Illegal Donations” by David Garrick for San Diego Union-Tribune

Ethics

Arkansas: “Arkansas Gov. Mike Beebe to Pardon Son on Drug Charge” by Sam Levine for Huffington Post

Hawaii: “Court: State must release financial disclosures for boards” by Nathan Eagle for Honolulu Civil Beat

North Carolina: “Ex-Duke Energy Lawyer Now Advising NC Regulators” by Michael Biesecker and Mitch Weiss (Associated Press) for Raleigh News and Observer

Ohio: “Canton Financial Advisor Sentenced to 45 Months in Ohio Treasurer’s Office Kickback Scheme” by Theodore Decker and Kathy Lynn Gray for Columbus Dispatch

Pennsylvania: “Ex-Official Pleads Guilty in Turnpike Scandal” by Angela Couloumbis for Philadelphia Inquirer

Washington: “Lt. Governor Defends Work Ethic, Outside Business” by Susannah Frame for KING

West Virginia: “Ethics Commission Hires Stepto as Director” by Phil Kabler for Charleston Gazette

Procurement

Idaho: “Court Says State Broke Law with Broadband Contract Law” by Nathan Brown for Twin Falls Times-News

Elections

“Spurred by Midterm Losses, Liberal and Moderate Democrats Square off Over Strategy” by Jonathan Martin for New York Times

Redistricting

Alabama: “Justices Hear Black Lawmakers’ Challenge to Alabama Redistricting” by Adam Liptak for New York Times

 

National:

Democrats Create an ALEC-Killer

Politico – Kenneth Vogel | Published: 11/9/2014

Liberal activists at the annual winter meeting of the Democracy Alliance will ask top donors to support a plan to reverse the Democratic decline in state governments. The goal of the State Innovation Exchange – SiX for short – is to compete with a well-financed network of conservative groups, including the American Legislative Exchange Council, that for years have dominated state policy battles, advancing pro-business, anti-regulation bills. SiX ultimately plans to raise as much as $10 million a year to boost progressive state lawmakers and their causes while also using tactics like opposition research and video tracking to derail Republicans and their initiatives.

Federal:

Mitch McConnell’s Triumph Strikes Worry in the Hearts of Campaign Finance Reformers

Huffington Post – Paul Blumenthal | Published: 11/8/2014

The U.S. Senate will likely be led next year by Mitch McConnell, the primary antagonist to campaign finance reformers. Over three decades, he has made it a top priority to disrupt and degrade campaign finance regulations. Believing that limits on campaign funds are a direct impediment to the First Amendment right of free speech, he has opposed past reform efforts. With McConnell’s ascendance and with Republicans increasingly unified in opposition to campaign finance reform, its advocates expect an assault on the few areas where they had hoped to enact new rules in the post-Citizens United world.

Outside Groups with Deep Pockets Lift G.O.P.

New York Times – Nicholas Confessore | Published: 11/5/2014

The midterm election was not only a major victory for the Republican Party, but a pivotal moment for the super PACs and political nonprofit groups that helped the party defeat Democrats across the country. Over the last year and a half, the conservative outside groups retooled and revamped, using lessons in how to exploit voter data, opposition research, and advertising learned from their less moneyed but more effective Democratic counterparts during 2012. As federal courts opened new avenues of influence for the wealthy and lenient enforcement effectively neutered what few legal and regulatory restraints remained on big-money politics, they took advantage of every available tool.

From the States and Municipalities:

Arizona – Ducey Seeking Donations to Gubernatorial Transition Effort

Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 11/13/2014

Arizona Gov.-elect Doug Ducey is asking for private contributions to fund his transition team. That is in addition to the donors he will be looking to tap to pay for the ceremonial parts of his inauguration. Spokesperson Daniel Scarpinato said Ducey has placed a $15,000 limit on money from any one source, at least for the transition fund. Scarpinato said there will be no limits on how much anyone can give to the separate fund to pay for the formal inaugural and any parties that might be planned for afterward.

California – California Legislators Flying to Maui to Meet with Special Interests

Los Angeles Times – Patrick McGreevy | Published: 11/12/2014

Two dozen California lawmakers will travel to Hawaii for conferences subsidized and attended by interests that lobby the Legislature, such as oil companies, public employee unions, drug and tobacco firms, and others. Conference organizers said the events, on the island of Maui, provide a relaxed setting in which elected officials and issue experts can discuss solutions to some of the state’s most vexing problems. Watchdogs say it is wrong for corporate executives to pick up the tab so they can meet with lawmakers out of public view just before the next legislative session begins. Sarah Swanbeck of Common Cause said the timing of this year’s event is especially poor because several state senators were hit with criminal charges this year, two of them involving allegations of corruption.

California – Prison Guard Union Failed to Report $24,603 in Gifts to Lawmakers

Los Angeles Times – Patrick McGreevy | Published: 11/11/2014

The state prison officers’ union agreed to a $5,500 fine for failing to disclose gifts it gave to California lawmakers from 2009 to 2011 and a corresponding failure to give gift notifications to the recipients. The gifts include lodging, meals, wine, and spa bags for legislators at the annual Governor’s Cup Foundation golf tournament in Pebble Beach. The California Correctional Peace Officers Association said the failure to report $24,603 in gifts was inadvertent.

California – Sacramento Political Consultant Richie Ross Agrees to Pay Lobbying Fines

Sacramento Bee – Laural Rosenhall | Published: 11/10/2014

Lobbyist Richie Ross agreed to pay $5,000 in fines to the Fair Political Practices Commission for not collecting campaign consulting fees from two lawmakers, thus improperly putting them under the personal obligation to a lobbyist. Ross, who agreed to write off the debt owed by the legislators, is one of a few individuals who serve in dual roles as lobbyist and campaign consultant in California. While state law allows a person to hold both positions, Ross ran into trouble because of his practice of carrying debt for successful candidates who agreed to pay him a “win bonus.”

Connecticut – Election Highlights Flaws In Campaign Finance System

CTNewsJunkie.com – Christine Stuart and Hugh McQuaid | Published: 11/10/2014

On one hand, 2014 was a banner year for Connecticut’s public campaign finance system. Both candidates for governor, all the candidates for constitutional office, and more than 80 percent of the candidates for General Assembly seats participated. On the other hand, outside groups spent $15.9 million on the governor’s race, outpacing the $13 million the two candidates received from the clean election program. The public financing program has been on the books since 2005, but the midterm election was the first test of the law as it was reshaped by the state Legislature last year.

Florida – Link Shows How Lobby Firm Cultivates Influence

New York Times – Eric Lipton | Published: 11/9/2014

Florida Attorney General Pam Bondi invited Lori Kalani, a lobbyist and lawyer from Dickstein Shapiro, to stay at Bondi’s Tampa home while Kalani recovered from surgery. Dickstein Shapiro, a Washington, D.C.-based firm that specializes in building personal relationships with state attorneys general to help corporate clients avoid becoming targets of investigation, paid for Bondi’s travel to a resort island in Michigan in 2013. The Florida Commission on Ethics is reviewing a complaint asking it to investigate whether Dickstein Shapiro violated state law by not registering as a lobbying firm.

Georgia – Audit Reveals Systemic Problems at Ethics Commission

Gainesville Times – Joshua Silavent | Published: 11/6/2014

A review of the operations of the Georgia ethics commission by state auditors found inconsistent treatment of complaints, lack of formal procedures that results in unequal application of the law, and questionable expenditures. The report lists management problems, such as underqualified staff, poor documentation, and inadequate data controls. The commission requested the review in hopes of ending a string of scandals stemming from agency operations, according to Chairperson Hillary Stringfellow. There have been four executive secretaries heading the commission staff since 2006 and a 46 percent employee turnover rate in the last two years.

Louisiana – Feds Investigating Arson Attack on Political Operative’s Uptown Home

New Orleans Times-Picayune – Ken Daley | Published: 11/8/2014

The home and two cars of a campaign finance director for a pro-solar energy candidate running for the Louisiana Public Service Commission were firebombed on November 6. No one was injured in the explosions, and authorities have yet to establish a direct link between the apparent attacks and the campaign’s efforts to promote solar energy. The finance director targeted, Mario Zervigon, is a well-known political operative in the state. Zervignon worked for Forest Bradley-Wright, who is campaigning on a program that allows solar-panel users to continue to sell their excess electricity to utility companies. He is facing incumbent Eric Skrmetta in the December 6 run-off election.

Louisiana – Louisiana Politicians Spent Lavishly on Meals, Golfing, Gifts, Other Perks in 2013

New Orleans Times-Picayune – Lee Zurdik (WVUE) and Manuel Torres | Published: 11/6/2014

Records show Louisiana politicians spent millions of dollars in 2013 on meals, golf rounds and club dues; gifts to unnamed recipients; tickets to Louisiana State University and New Orleans Saints football games; and other events. State law prohibits using campaign money for personal expenses, according to the Board of Ethics, but allows expenses “related to a political campaign or the holding of a public office or party position.” Lawmakers last year failed to clearly define what that means, despite calls by watchdogs and the ethics board for stricter rules.

Mississippi – Christopher Epps, Former Chief of Prisons in Mississippi, Is Arraigned

New York Times – Timothy Williams | Published: 11/6/2014

Mississippi’s former prisons chief pleaded not guilty to federal charges that he accepted cash and mortgage payments in exchange for awarding prison contracts to companies tied to a local businessperson. Christopher Epps, who resigned as commissioner of the Mississippi Department of Corrections on November 5, was indicted on charges he and co-defendant Cecil McCrory were involved in a kickback scheme that started in 2007 and continued for seven years.

Nevada – With a $10,000 Cap on Political Contributions, How Did Caesars Give Gov. Brian Sandoval $215,000?

Las Vegas Sun – Conor Shine | Published: 11/12/2014

In more than a dozen cases, one company or person used multiple companies to donate to a single candidate in excess of Nevada’s standard limit, according to a Las Vegas Sun analysis. The practice stems from the way the law is written. Political contributions are capped at $10,000 per donor, whether it is an individual or a business. But for businesses that operate subsidiaries, each subsidiary or affiliate is eligible to make a $10,000 contribution, even if they are all controlled by the same person or group of people. The result is a gap in the law that allows mostly large companies in Nevada’s gaming, mining, and taxi industries to direct tens of thousands of dollars to their preferred candidates.

Pennsylvania – Sending Signals: Gov.-elect Tom Wolf bans gifts, limits no-bid legal work

Philadelphia Inquirer – Tom Fitzgerald and Amy Worden | Published: 11/12/2014

A code of conduct for Pennsylvania Gov.-elect Tom Wolf’s transition team foreshadows something he plans to impose on his first day on office: a gift ban on his appointees and executive branch employees. Wolf plans to sign an executive order to prohibit gifts, even though state law allows officials to accept gifts worth up to $250 without reporting them, or gifts worth more than that amount if disclosed. Wolf also said he would curb the practice of giving no-bid contracts to private law firms when he takes office.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

National:

Cell Phones, Social Media and Campaign 2014

Pew Research Center – Aaron Smith | Published: 11/3/2014

The Pew Research Center found social media platforms and cell phones are playing an increasingly prominent role in how voters get political information and follow election news. Republicans and Democrats use social media in this way at similar rates. When asked about some reasons why they might follow political figures on social media, Republicans and conservative-leaning independents express a greater desire to be the first to find out about breaking political news, and to get political information that has not passed through the traditional media “filter.” Voters from both parties place a similar emphasis on the deeper connections that social media allows them to form with the candidates they support.

Hard-Nosed Advice from Veteran Lobbyist: ‘Win Ugly or Lose Pretty’

New York Times – Eric Lipton | Published: 10/30/2014

A veteran lobbyist told the oil and gas industry that, if it wants to continually expand drilling operations, it must be ready to “win ugly or lose pretty,” according to a secretly taped recording of the comments. Consultant Richard Berman, founder and chief executive of the Washington D.C.-based firm Berman and Co., made the comments during a speech to industry executives in June. He said executives must be willing to get dirty and dig up embarrassing information about environmentalists and liberal celebrities. And if the oil and gas executives solicit help from Berman’s firm, he said he would be able to hide their role in funding certain campaigns. One executive took issue with Berman’s comments and secretly recorded the speech, which he then gave to The New York Times.

How Political Donors Are Changing Statehouse News Reporting

Governing – Daniel Vock | Published: 11/1/2014

The Franklin Center for Government and Public Integrity is deploying reporters to cover state and local governments around the country. Its ultimate ambition is to have bureaus in every state. But they are not news bureaus in the way many traditional journalists understand them. They are being paid to cover government from an unabashedly ideological perspective. In a study of statehouse reporters released this summer, the Pew Research Center found 33 ideological outlets with state Capitol reporters across the country. Some who are affiliated with such groups wonder why citizen journalists, including those who are advocates of one cause or another, should be treated differently than traditional journalists who see themselves as objective.

In States Seen to Be Tilting Left, Voters Defy Democrats’ Forecast

New York Times – Jonathan Martin | Published: 11/5/2014

More striking than any Republican gains in red-state America on November 4 were the party’s U.S. Senate victories in Colorado and North Carolina and the near miss in Virginia. All are states that both parties believed were trending Democratic, and that Democrats boasted would before long be out of reach to Republicans. But demographic shifts that are gradually reshaping the American electorate, making it more racially diverse and younger, cannot overcome a difficult political environment and a weak message in a nonpresidential year. And the Democratic edge in sophisticated technological voter mobilization and targeting is eroding, as Republicans adopt similar techniques and catch up.

Federal:

Capitol Book Club, with a Bonus

New York Times – Ben Protess and Eric Lipton | Published: 11/2/2014

A book club gathers every month for lunch inside a private room at the National Republican Club of Capitol Hill. Unlike a local library’s book club, this event doubles as a political fundraiser. For the book club’s members – an A-list of lobbyists from banks and insurance companies – the main attraction is access to the U.S. House Financial Services Committee. The cost of admission is a campaign donation to whichever committee member is playing host. Each month, attendees say, the lobbyists typically donate $1,000 to $5,000. “It is a $50,000 fundraiser, without a sweat,” said one lobbyist.

Election 2014: A new level of collaboration between candidates and big-money allies

Washington Post – Matea Gold | Published: 11/3/2014

Just a decade ago, candidates shied away from being too closely associated with money raised by independent groups for reasons of appearance and for fear of running afoul of election laws. But the rapid spread of super PACs and politically active nonprofit organizations that followed the U.S. Supreme Court’s Citizens United decision has dramatically altered the climate. Political operatives are also taking advantage of the hands-off approach of a divided FEC, which has not re-examined coordination rules in the wake of the 2010 ruling. In that void, candidates and independent groups have sought to bring their operations in alignment as much as possible this year.

How to Waste 10 Million Dollars

Politico – Kenneth Vogel and Byron Tau | Published: 11/6/2014

Mayday PAC burst onto the political scene in the spring of 2014 with grandiose designs to elect a pro-campaign finance reform majority to the U.S. Congress by 2016. The 2014 cycle was a test run of sorts, with the group spending more than $10 million on a slate of candidates ostensibly united only in their belief in curbing the influence of big donors, lobbyists, and money in the political system. But voters cast their ballots for business as usual, leaving Mayday and its founders facing questions about the contrast between its bold predictions and results.

Republicans First Step was to Handle Extremists in Party

New York Times – Jeremy Peters and Thomas Hulse | Published: 11/5/2014

Republicans’ impressive showing on November 4 – marking the first time the GOP will have a majority in both the U.S. House and Senate since 2006 – was in large part the result of methodical plotting, careful candidate vetting, and abundant preparation to ensure the party’s candidates would avoid repeating the same devastating mistakes that cost them dearly in 2010 and 2012. In the end, the disciplined approach worked: no Republican imploded with the kind of fatal campaign gaffe that crushed the party’s hopes in the last two elections, and every established candidate prevailed in the primaries.

From the States and Municipalities:

Alabama – Firebrand Alabama Republican Collides With Ethics Law He Espoused

New York Times – Campbell Robertson and Alan Blinder | Published: 10/31/2014

State Rep. Michael Hubbard was arrested after a grand jury returned a 23-count indictment, partly on the basis of an ethics law he had championed, accusing him of using his positions as Alabama GOP chairperson and House speaker to steer thousands of dollars’ worth of business to companies in which he had a financial interest. Hubbard has denied the charges. Though they have not been accused of wrongdoing, some of Alabama’s most prominent executives appeared in the indictment, as did Bob Riley, a former two-term governor. This was unexpected, though perhaps it should not have been: Hubbard has been as strong a center of political gravity as the state has had in decades.

Arkansas – Arkansas Voters Approve Extended Term Limits

Governing – J.B. Wogan | Published: 11/5/2014

A ballot measure that would tighten ethics laws and change term limits passed in Arkansas. Issue 3 prohibits legislators and constitutional officers from taking gifts from lobbyists, with some exceptions; bans candidates from accepting campaign donations from corporations; increases the period that a former legislator must wait before registering as a lobbyist; and allows a lawmaker to serve up to 16 years in either chamber instead of the current limit of three two-year terms in the House and two four-year terms in the Senate.

California – California Lawmakers’ Campaign Credit-Card Spending Often Lacks Disclosure, Sacramento Bee Review Finds

Sacramento Bee – Jim Miller | Published: 11/2/2014

A review of California lawmakers’ credit-card spending by The Sacramento Bee found many provided only the barest of descriptions of their expenses on state-required campaign reports, despite a 2008 rule meant to improve disclosure. The lack of detail makes it difficult to determine whether legislators are using their campaign accounts to help them win re-election or do their jobs, or whether some have found an easy way to live a more luxurious lifestyle. Overall, lawmakers racked up more than $4 million in campaign credit-card charges during the first 18 months of this election cycle.

Florida – City Ethics Amendment Passes by Wide Margin

Tallahassee Democrat – Jeff Burlew | Published: 11/5/2014

Tallahassee voters overwhelmingly approved a charter amendment beefing up the city’s ethics program. It will create a seven-member ethics board with the power to investigate complaints and levy civil penalties; lower the maximum contribution that can be given to candidates from $1,000 to $250; and allow donors to receive rebates from the city of up to $25 if they give that much or more to candidates. The city commission has six months to enact an ethics code with jurisdiction over all officers and employees, including elected and appointed officials.

New York – 4 Indicted N.Y. Pols Win Re-election

Politico – Lucy McCalmont | Published: 11/5/2014

New York voters overwhelmingly re-elected four lawmakers – one to Congress and three to the state Legislature – who are under federal criminal indictments. U.S. Rep. Michael Grimm was re-elected to his House seat despite a 20–count indictment on tax related and other charges. Assemblyperson William Scarborough has been accused of misusing campaign funds for personal expenses. Sen. John Sampson could be sentenced to prison on charges including obstruction of justice, and witness and evidence tampering. Sen. Thomas Libous faces trial in 2015 following an indictment on charges of lying to federal agents.

Ohio – State Rep. Sandra Williams Found Guilty of Profiting from Ohio State Football Tickets

Columbus Dispatch – Jim Siegel | Published: 10/31/2014

State Rep. Sandra Williams pleaded no contest to charges she illegally sold Ohio State football season tickets purchased with campaign funds and did not report it to the state. She faces a maximum sentence of one year in jail and a $2,000 fine. The four 2010 tickets, worth a total of $2,255, were sold to lobbyist Ed Hogan. But Hogan made a money order out to Williams herself instead of to the campaign. Williams then deposited the money in her personal account and did not reimburse her campaign until FBI investigators discovered the error.

Pennsylvania – Harrisburg Lobbying Costs on the Rise

Citizens Voice – Robert Swift | Published: 11/2/2014

Lobbyists spent $116 million to influence Pennsylvania lawmakers last year, a 10 percent increase over 2012, with the top areas of lobbying interest in energy, the state budget, and healthcare issues. The lobbyist disclosure law requires corporations and trade associations that spent more than $2,500 in any quarter to register, broadly categorize how the money is spent, and identify general issues on which they lobby. Revelations that four House members allegedly accepted cash gifts from a confidential informant during a sting operation led the House and Senate to adopt rules banning lawmakers from accepting cash gifts. But bills to enact a total ban on gifts from lobbyists to lawmakers and public officials did not make much headway.

 

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

Voters have approved an amendment to the Oakland City Charter to strengthen the authority, resources, and independence of the Public Ethics Commission. The commission now will have the authority to enforce the Oakland Lobbyist Registration Act and provisions of the state’s Political Reform Act.

Measure CC sets aside $500,000 in additional funding for the commission in order to hire more staff members and investigate violations. The seven-member commission now has the authority to impose penalties and fines when four members agree by vote.

Lobbying

“Sacramento Report: Five questions for a lobbyist” by Brian Joseph for Voice of San Diego

“Lobbying Fee Increase Drawing Criticism in Harrisburg” by John Kennedy for Legal Intelligencer

“Schilling a No-Show at Lobbying Hearing on 38 Studios, Declared in Default” by Jennifer Bogdan for Providence Journal

Campaign Finance

“New Jersey’s Most Generous Donors to Political Causes and Super PACs” by Collen O’Dea for NJ Spotlight

Ethics

“Arkansas Voters Approve Extended Term Limits” by J.B. Wogan for Governing

“City Ethics Amendment Passes by Wide Margin” by Jeff Burlew for Tallahassee Democrat

Elections

“Republicans Gain Big in State Legislative Elections” by Karen Pierog for Reuters

“Republicans Hold the Top 2 Prizes in Governor Races” by Trip Gabriel for New York Times

“As New Rules Take Effect, Voters Report Problems in Some States” by Erik Eckholm and Richard Fausset for New York Times

“Republicans Extend House Control as Democratic Holdouts Fall” by Jeremy Peters for New York Times

“Republicans First Step was to Handle Extremists in Party” by Jeremy Peters and Thomas Hulse for New York Times

“Ted Kennedy Jr. Wins State Senate Race in Connecticut” by Alison Leigh Cowen for New York Times

Q. I am a registered lobbyist and have been asked to serve on a state board. Are there any laws preventing me from serving?

A. Generally, there are no laws preventing a registered lobbyist from serving on a state board or commission. However, many states have laws regulating the board service of registered lobbyists.

For example, in South Carolina a lobbyist is prohibited from serving as a member on any state board or commission. Illinois also has a general prohibition; however, their prohibition extends to the spouses and immediate family members of a lobbyist who are living at home. Such individuals are prohibited from serving on a board, commission, authority, or task force authorized by state law or executive order.

Other states only prohibit a registered lobbyist from serving on certain boards or commissions. In Ohio, both legislative and executive branch lobbyists are prohibited from serving on the Ohio Elections Commission. In New York, lobbyists are prohibited from serving as a member of the Joint Commission on Public Ethics and the Legislative Advisory Council.

Some states only prevent lobbyists from serving on boards that could possibly benefit themselves or their employers. In Tennessee, lobbyists are prohibited from serving as a member of a board, commission, or governmental entity with jurisdiction to regulate the business endeavors or professional activities of any employer of the lobbyist. In Wisconsin, lobbyists are prohibited from serving on a state board or commission related to who and what they are lobbying.

Every jurisdiction’s rules on lobbyists serving on state boards and commissions is different. Before agreeing to serve on a board or commission, you should consult that jurisdiction’s ethics commission.

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