February 25, 2019 •
NM House Introduces Bill Requiring Lobbyists to Participate in Sexual Harassment Training
New Mexico State Reps. Joy Garratt and Elizabeth Thomson introduced House Bill 551 earlier this month. If passed, the bill would require lobbyists to participate in a sexual harassment training lasting at least four hours. The program must be sponsored […]
New Mexico State Reps. Joy Garratt and Elizabeth Thomson introduced House Bill 551 earlier this month.
If passed, the bill would require lobbyists to participate in a sexual harassment training lasting at least four hours.
The program must be sponsored by the secretary of state, an employer of the lobbyist and conducted by a person qualified to conduct the training, or by a certified human resources professional.
February 25, 2019 •
Monday’s LobbyComply News Roundup
Campaign Finance New Jersey: “NJ Senate Approves Legislation Requiring ‘Dark Money’ Groups to Reveal Donors” by David Levinsky for Burlington County Times Oregon: “Polluted by Money” by Rob Davis for Portland Oregonian Elections North Carolina: “After Harris Admissions, a New […]
Campaign Finance
New Jersey: “NJ Senate Approves Legislation Requiring ‘Dark Money’ Groups to Reveal Donors” by David Levinsky for Burlington County Times
Oregon: “Polluted by Money” by Rob Davis for Portland Oregonian
Elections
North Carolina: “After Harris Admissions, a New Election in 9th District” by Travis Fain for WRAL
Ethics
National: “Judge Broadens Gag Order Against Roger Stone After Instagram Post” by Darren Samuelsohn, Josh Gerstein, and Matthew Choi for Politico
Florida: “The SWAT Team Showed Up at a Florida Mayor’s Door. Then He Started Shooting, Police Say.” by Reis Thebault and Eli Rosenberg for Washington Post
Tennessee: “Tennessee Gov. Bill Lee Regrets Wearing Confederate Uniform in College” by Jonathan Matisse and Scott Stroud for AP News
Lobbying
Canada: “Ontario Lobbyists Fear Loss of Access Unless They Sell Ford Fundraiser Tickets” by Jill Mahoney and Adam Radwanski for The Globe and Mail
Nevada: “Law Would Alter Nevada Financial Disclosure, Lobbyist Rules” by Bill Dentzer for Las Vegas Review-Journal
February 22, 2019 •
News You Can Use Digest – February 22, 2019
National: The Growing Need for Opposition Research – on Yourself – in Today’s Political World Governing – Alan Greenblatt | Published: 2/15/2019 The series of recent scandals in Virginia was kicked off by the emergence of a 35-year-old yearbook page […]
National:
The Growing Need for Opposition Research – on Yourself – in Today’s Political World
Governing – Alan Greenblatt | Published: 2/15/2019
The series of recent scandals in Virginia was kicked off by the emergence of a 35-year-old yearbook page from Gov. Ralph Northam’s medical school days. In September, members of the U.S. Senate Judiciary Committee grilled then-Supreme Court nominee Brett Kavanaugh about entries in his high school yearbook and the calendar he kept as a student. Now reporters all over the country are scouring old yearbooks, looking for more examples of racist or otherwise disturbing images or language from the past of politicians. All this suggests that opposition research – as well as self-research, which refers to candidates hiring investigators to look into their own closets – will be a growing field in the years ahead.
Federal:
Elections Commission Chief Uses the ‘Nuclear Option’ to Rescue the Agency from Gridlock
Mother Jones – Nihal Krishan | Published: 2/20/2019
Ellen Weintraub, who has been on the FEC since 2002 and became chairperson in January, has become increasingly frustrated by the agency’s lack of enforcement, which has led to less disclosure, less transparency, and more “dark money” within the campaign finance system. Weintraub now says she will not allow FEC lawyers to defend the government when the commission has been sued for not enforcing the law. This drastic step, which one former FEC lawyer called the “nuclear option,” is effectively an effort to sabotage her own agency in order to enforce the law and create more campaign finance disclosure.
Intimidation, Pressure and Humiliation: Inside Trump’s two-year war on the investigations encircling him
MSN – Mark Mazzetti, Maggie Haberman, Nicholas Fandos, and Michael Schmidt (New York Times) | Published: 2/19/2019
President Trump’s public war on special counsel Robert Mueller’s investigation has gone on long enough that it is no longer shocking. Trump rages almost daily to his 58 million Twitter followers that Muller is on a “witch hunt.” The president’s lawyer talks openly about a strategy to smear and discredit the special counsel investigation. Trump’s allies in Congress and the conservative media warn of an insidious plot inside the Justice Department and the FBI to subvert a democratically elected president. An examination by The New York Times reveals the extent of an even more sustained, more secretive assault by Trump on the machinery of federal law enforcement. Interviews with current and former government officials and others close to Trump, as well as a review of confidential White House documents, reveal numerous unreported episodes in a two-year drama.
From the States and Municipalities:
California: L.A. Ethics Commission Backs New Restrictions on Developer Donations
Los Angeles Times – Emily Alpert Reyes and David Zahniser | Published: 2/19/2019
Faced with complaints about a “pay-to-play” culture at City Hall, the Los Angeles Ethics Commission backed new restrictions on political donations from real estate developers seeking city approval for their building plans. The proposed ban would cover a broad array of people “substantially involved” in a proposed development project, including real estate executives, architects, engineers, and others. Such donors would also be barred from fundraising or gathering political donations for city officials. The commission also backed new restrictions on “behested payments” – donations solicited by politicians for charitable or governmental causes.
California: Nation’s First All-LGBTQ City Council Tests Modern Meaning of Diversity
San Francisco Chronicle – Scott Wilson (Washington Post) | Published: 2/18/2019
Palm Springs achieved a measure of fame a little more than a year ago when voters elected the nation’s first city council consisting entirely of members of the LGBTQ community. The gay and lesbian community, a majority of the electorate in this city of 45,000 people, cheered the milestone as an affirmation of the community’s model tolerance. The happy moment did not last long. The council elected in November 2017 also happened to be all white. What was viewed by many as a broad step toward greater diversity instead turned Palm Springs into a forum for a debate about what diversity means – and who, exactly, is best suited to represent whom in a state shaped for decades by identity politics.
California: Why Cities, Counties May Turn to the State Political Watchdog to Enforce Local Campaign Finance Issues
San Bernardino Sun – Joe Nelson and Sandra Emerson | Published: 2/20/2019
A law that took effect on January 1 in California essentially allows local agencies to draw on the state’s experience and expertise in dealing with campaign finance and ethics laws – for a price. Under its contract with the Fair Political Practices Commission (FPPC), San Bernardino County pays the agency a flat fee of $55,000 annually and is billed at hourly rates for any work exceeding the flat amount. In return, the FPPC audits the campaign accounts of all county elected officials each election cycle, investigates complaints, provides written and verbal guidance to elected officials and their donors regarding the county’s campaign finance and ethics ordinance.
Florida: ‘Who Gave It, Who Got It?’ How Political Influence in Miami Is Bought – and Concealed
Miami Herald – Joey Flechas and Sandra Emerson | Published: 2/21/2019
Whether it is candidates or ballot measures, moneyed interests use political groups that can receive and spend unlimited, untraceable “dark money” to influence elections in Miami and pay for attack ads. Florida’s lax campaign finance laws allow donors to seed thousands of dollars into committees that can give to one or more other committees. The money that pays for the ads can be difficult to trace back to the original donor. Because state authorities do not aggressively police campaign finance reports, political committees can easily get away with concealing their donors while flouting election laws. But political groups do not necessarily need to break campaign laws to hide the sources of their money. It is allowed to be moved through a byzantine web of political committees that mask its origins.
Montana: US Supreme Court Won’t Take Challenge to Montana Campaign Finance Law
Montana Public Radio – Corin Cates-Carney | Published: 2/19/2018
The U.S. Supreme Court, without comment, declined to take up a case challenging Montana’s campaign finance disclosure law. The justices left in place a lower court’s ruling that the state’s so-called Disclose Act is constitutional. The law requires groups that engage in last-minute advertising in elections to make public how they spend money to influence the state’s elections.
New Jersey: This N.J. Mayor Is Getting Paid to Fight Legal Weed. Here’s Why That’s Causing Trouble.
Bergen Record – Payton Guion (NJ Advance Media) | Published: 2/15/2019
The mayor of the first town in New Jersey to ban legal marijuana sales has also spent most of the past year on the payroll as a lobbyist for a prominent anti-marijuana group in the state. But Point Pleasant Beach Mayor Stephen Reid has not always been upfront about that connection, raising questions about ethics and conflicts-of-interest. More than 60 towns in New Jersey have taken some step to prohibit marijuana businesses from their borders. Reid has traveled around the state, offering his hand to other towns considering a ban as the mayor of a town that’ has already done it. Since May 2018, Reid has been a paid lobbyist for New Jersey Responsible Approaches to Marijuana, and his potential conflict is the subject of lawsuit against the town.
Oregon: ‘Give Me the Money, and I’ll Give It to Her.’ Former Oregon Lawmaker Describes Participating in Dubious Campaign Practice
Portland Oregonian – Rob Davis | Published: 2/17/2019
On paper, two contributions to candidates last year came from former Oregon Rep. Deborah Boone. She wrote the checks and her name is listed as the donor. In reality, Boone said, the money came from donors who asked her to pass it on under her name, creating a set of transactions and reports that may have violated state law. Boone described the practice as commonplace among legislators. State records show millions of dollars have moved between Oregon politicians in the past decade in what look like straightforward gestures of support. Lawmakers also routinely give money to committees run by legislative leaders, who then redistribute it to candidates in tough races. According to Boone, the transactions are not always what they seem.
Rhode Island: Political Donations by Strip-club Industry Made in Lobbying Firm’s Name
Providence Journal – Brian Amaral | Published: 2/15/2019
Mysterious errors in campaign finance records concealed the source of thousands of dollars in donations from the Providence strip-club industry to Rhode Island Gov. Gina Raimondo and House Speaker Nicholas Mattiello. Instead of listing their actual employers, the series of contributions listed a lobbying firm, the Goldberg Law Offices. A lobbyist at that firm, Robert Goldberg, also worked on behalf of the strip-club industry. Goldberg said he did not know why donations from people involved in the strip-club industry – and not, in fact, employed by his firm – listed his firm as their employer. The errors raise questions about the working relationship between a high-powered lobbyist and an industry he represented and illuminate the many connections between the strip-club industry and the halls of power in the state.
Texas: Sen. Angela Paxton Files Bill That Would Allow Her Husband, Texas Attorney General Ken Paxton, to Issue Exemptions from Securities Regulations
Texas Tribune – Emma Platoff | Published: 2/16/2019
In what state Sen. Angela Paxton describes as an effort to safely expand Texas’ burgeoning financial tech industry, she filed a bill that would empower the office of her husband, state Attorney General Ken Paxton to exempt entrepreneurs from certain state regulations so they can market “innovative financial products or services.” One of those exemptions would be working as an “investment advisor” without registering. Currently, doing so is a felony in Texas, one for which Ken Paxton was issued a civil penalty in 2014 and criminally charged in 2015.
Virginia: Richmond’s Donor Class and the VMI Brotherhood Stand Behind Embattled Virginia Governor
Washington Post – Gregory Schneider | Published: 2/16/2019
Gil Minor, a local corporate titan and major donor to both political parties, and Tom Slater, a prominent lawyer, met with Virginia Gov. Ralph Northam soon after the shocking news broke that a racist photograph had been unearthed from Northam’s medical school yearbook page. Minor and Slater are part of a political donor class in Richmond that has rallied behind the embattled governor. Perhaps more significant, they are part of a Virginia Military Institute (VMI) brotherhood, an elite alumni corps that includes several of the state’s power brokers. They did not want Northam, the first VMI graduate to become governor, to go down in disgrace. That support is a major reason Northam has clung to office when most of the political world has called for his resignation, leaving the state locked in a limbo of dysfunction that shows no sign of changing soon.
Washington: SEIU State Council to Pay $128,000 in Civil Fines Over Campaign-Finance Lawsuit
Seattle Times – Joseph O’Sullivan | Published: 2/19/2019
The Service Employees International Union (SEIU) Washington State Council 14 has agreed to pay a six-figure settlement over a campaign finance lawsuit. The settlement requires SEIU to pay $128,262.75 in civil fines, as well as $18,300.85 in costs and fees. Another $104,942.25 in civil fines is suspended, provided the organization has no violations over the next four years. The Freedom Foundation alleged the SEIU state council had been operating as a political committee without filing as such with the Washington Public Disclosure Commission. The state attorney general’s office determined that SEIU had made significant campaign contributions but failed to register and report as a political committee in for at least the years 2014 and 2016.
Wyoming: Legislature Reforms Campaign Finance
Staff – Sundance Times | Published: 2/20/2019
Wyoming Gov. Mark Gordon signed Senate Bill 18 into law. It is intended to enhance transparency by requiring that candidates report their expenditures and contributions simultaneously and up to two weeks before the election. It also raises the threshold for reporting from $25 to $100 to account for inflation. The law also clarifies campaign advertising provisions to now include online advertising and defines “electioneering communications,” while requiring that campaign activity be subject to the disclosure of donors and expenditures whether or not that activity was done in coordination with a candidate. A disclosure must now explicitly state, “Paid for by ….”
February 21, 2019 •
Maine Introduces Legislation to Prohibit Political Advocacy in Public Schools
Rep. Larry Lockman introduced a bill in the Legislature that aims to prohibit public school teachers in the state from engaging in political advocacy in the classroom. The proposed legislation establishes a code of ethics for professional conduct that prohibits […]
Rep. Larry Lockman introduced a bill in the Legislature that aims to prohibit public school teachers in the state from engaging in political advocacy in the classroom.
The proposed legislation establishes a code of ethics for professional conduct that prohibits teachers from acting in their role as publicly employed educators to endorse or oppose elected officials and candidates and from introducing any controversial subject matter that is not germane to the topic of the course.
February 20, 2019 •
Wednesday’s LobbyComply News Roundup
Campaign Finance National: “Lawmakers Launch New Probe Into ‘Complex Web’ of Alleged Ties Between NRA, Russians” by Pete Madden and Matthew Mosk for ABC News Ohio: “Highland Heights Mayor Scott Coleman Expected to Resign After Embezzlement Accusation” by Sabrina Eaton […]
Campaign Finance
National: “Lawmakers Launch New Probe Into ‘Complex Web’ of Alleged Ties Between NRA, Russians” by Pete Madden and Matthew Mosk for ABC News
Ohio: “Highland Heights Mayor Scott Coleman Expected to Resign After Embezzlement Accusation” by Sabrina Eaton for Cleveland Plain Dealer
Elections
California: “Nation’s First All-LGBTQ City Council Tests Modern Meaning of Diversity” by Scott Wilson (Washington Post) for San Francisco Chronicle
Ethics
National: “Trump Can’t Run the Mueller Playbook on New York Feds” by Darren Samuelsohn for Politico
National: “Flynn Pushed to Share Nuclear Tech with Saudis, Report Says” by Chad Day for AP News
National: “Intimidation, Pressure and Humiliation: Inside Trump’s two-year war on the investigations encircling him” by Mark Mazzetti, Maggie Haberman, Nicholas Fandos, and Michael Schmidt (New York Times) for MSN
Lobbying
Arkansas: “Panel: No food, drink for legislators at event” by Michael Wickline for Arkansas Democrat-Gazette
Michigan: “Michigan Senator Seeks to End ‘Revolving Door’ of Lawmakers Turned Lobbyists” by Lindsay Van Hulle for Bridge Michigan
February 19, 2019 •
Bill Would Transfer Registry of Lobbyists in Quebec to Lobbyists Commissioner
On February 14, a bill was introduced in the National Assembly of Quebec to allow the Lobbyists Commissioner to maintain the registry of lobbyists. Currently, paperwork filed by lobbyists is processed with the Ministry of Justice. Bill 6 amends the […]
On February 14, a bill was introduced in the National Assembly of Quebec to allow the Lobbyists Commissioner to maintain the registry of lobbyists.
Currently, paperwork filed by lobbyists is processed with the Ministry of Justice. Bill 6 amends the Lobbying Transparency and Ethics Act in order to transfer responsibility for keeping the registry of lobbyists to the Lobbyists Commissioner.
The bill also creates a three-year statute of limitations for the prosecution of lobbying violations, starting from the time a prosecutor becomes aware of a violation. A prosecution would be prohibited if the commission of the offense occurred more than seven years earlier.
February 18, 2019 •
Monday’s LobbyComply News Roundup
Campaign Finance National: Democratic Presidential Hopefuls Increasingly See Small-Dollar Donations as a Sign of Viability by Michelle Ye Hee Lee (Washington Post) for San Francisco Chronicle Alabama: Few Disclosure Requirements for Money Raised After an Election by Brian Lyman for […]
Campaign Finance
National: Democratic Presidential Hopefuls Increasingly See Small-Dollar Donations as a Sign of Viability by Michelle Ye Hee Lee (Washington Post) for San Francisco Chronicle
Alabama: Few Disclosure Requirements for Money Raised After an Election by Brian Lyman for Montgomery Advertiser
Louisiana: Campaign Funds Can Be Used for Child Care, Louisiana Ethics Board Rules in Reversal by Julia O’Donoghue for New Orleans Times-Picayune
Rhode Island: Political Donations by Strip-Club Industry Made in Lobbying Firm’s Name by Brian Amaral for Providence Journal
Ethics
National: Supreme Court Takes Up Trump Administration’s Plan to Ask About Citizenship in Census by Robert Barnes (Washington Post) for Chicago Tribune
New Mexico: Senator Wants Ethics Panel’s Work Mostly Secret by Andrew Oxford (Santa Fe New Mexican) for New Mexico Political Report
Virginia: Richmond’s Donor Class and the VMI Brotherhood Stand Behind Embattled Virginia Governor by Gregory Schneider for Washington Post
Lobbying
National: Former Trump Officials Are Supposed to Avoid Lobbying. Except 33 Haven’t. by Derek Kravitz for ProPublica
February 15, 2019 •
News You Can Use Digest – February 16, 2019
Federal: Ex-Lawmakers Face New Scrutiny Over Lobbying The Hill – Alex Gangitano | Published: 2/12/2019 Critics say former federal lawmakers have been the biggest offenders when it comes to working as lobbyists without formally registering. Forty-eight former senators and 295 […]
Federal:
Ex-Lawmakers Face New Scrutiny Over Lobbying
The Hill – Alex Gangitano | Published: 2/12/2019
Critics say former federal lawmakers have been the biggest offenders when it comes to working as lobbyists without formally registering. Forty-eight former senators and 295 former representatives were registered lobbyists in the last Congress, and that number is growing as the latest exiting class of lawmakers join firms. Some note the law has loopholes for determining when someone must register. The Lobbying Disclosure Act states that a person must register to lobby if lobbying activities constitute at least 20 percent of their time working for a client. That allows many former members who work for lobbying shops and big firms to handle policy issues but avoid crossing the line to require registering as a lobbyist.
FEC Raises Contribution Limits for 2020
The Hill – Reid Wilson | Published: 2/7/2019
The FEC announced new higher campaign contribution limits. Donors would be able to give up to $2,800 per election, including both the primary and the general election contests, in the new cycle, a $100 increase over the 2018 cycle. Individuals will be allowed to contribute up to $35,500 to party accounts like the Democratic National Committee and the Republican National Committee every year. The commission raises the cap every two years under a provision in the 2002 Bipartisan Campaign Reform Act.
National Enquirer’s Parent Firm Asked U.S. If It Should Register as Foreign Agent for Saudis
NBC News – Josh Lederman | Published: 2/11/2019
The company that publishes the National Enquirer was concerned enough that it may have acted as an agent of Saudi Arabia that it asked the Department of Justice last year whether it needed to register as a foreign lobbyist. Communications between the Justice Department and American Media Inc. offer the fullest picture to date of interactions between the tabloid publisher and the Saudis ahead of AMI’s release last year of flattering magazine about Saudi Arabia’s young leader. Under the Foreign Agents Registration Act, people or entities that work to advance a foreign country’s political interests in the U.S. must disclose their specific activities and register as foreign lobbyists.
Ocasio-Cortez Learned Lobbyists Pay People to Avoid Waiting in Lines in D.C. She’s Not Pleased.
MSN – Eli Rosenberg (Washington Post) | Published: 2/13/2019
Paying people to wait in line to get prime seats at Capitol Hill hearings is a once-controversial maneuver that has now become accepted practice. Critics say line-standing or line-waiting is a small but visible example of how money affects politics in Washington – how people with resources buy access to lawmakers as they deliberate legislation. The practice, which is expensive but not illegal, has long been a popular one for lobbyists. U.S. Rep. Alexandria Ocasio-Cortez, who is experiencing life as a legislator in Washington for the first time, tweeted her reaction to seeing a line of people waiting for a committee hearing: “Shock doesn’t begin to cover it. Apparently this is a normal practice, and people don’t bat an eye.”
From the States and Municipalities:
California: To Do Business with L.A., City Contractors Now Must Disclose Ties with the NRA
Los Angeles Times – Dakota Smith | Published: 2/12/2019
The Los Angeles City Council passed an ordinance that requires companies seeking contracts with the city to disclose any ties to the National Rifle Association (NRA). Prospective contractors now must disclose under affidavit any contracts or sponsorships they or their subsidiaries have with the NRA. The city has similar policies about companies involved in the construction of President Trump’s proposed border wall. The NRA disclosure law contains more than a dozen exemptions, including contracts involving the city’s pension funds and other investment agreements. Still, attorneys for the NRA said they would file a lawsuit if the ordinance passed, according to a letter sent to the city.
Colorado: High Cost of Influence: $33 million spent last year lobbying Colorado lawmakers
Denver Post – Nic Garcia | Published: 2/7/2019
More than $33 million was spent lobbying Colorado lawmakers in 2018. Lawmakers sometimes rely on lobbyists for expertise and resources the politicians do not have. They fill a knowledge gap for state lawmakers, who have slim staffs to help research and write legislation. Also, because lawmakers can only serve eight years in each chamber, they are limited in the institutional knowledge they can build. Critics say that gives lobbyists access and influence the general public does not always have. “They obviously provide information that is favorable to their clients and not the whole picture,” said Paul Teske, dean of the School of Public Affairs at the University of Colorado at Denver.
Florida: The Lawmaker Who Dressed in Blackface Is Pushing an Ethics Bill Today. Does It Matter?
Tampa Bay Times – Lawrence Mower | Published: 2/12/2019
Florida Rep. Anthony Sabatini has been making national headlines for wearing blackface in a high school prank 14 years ago. It has not stopped him from pushing numerous bills in Tallahassee, including a sweeping bill that would strengthen the state’s ethics laws. It includes provisions that would ban officials from getting investment advice from lobbyists, require lobbyists who influence the executive branch to register online, and make it illegal for officials to seek jobs that conflict with their lawmaking duties. Sabatini he initially felt terrible for anyone who saw the photograph and did not understand the context. But as the story grew, he felt some news reports were using the incident to be sensational, and he has since refused to apologize.
Georgia: State Ethics Commissioners Move to Fill Executive Secretary’s Post After Resignation
Yahoo Finance – R. Robin McDonald (ALM Media) | Published: 2/11/2019
Stefan Ritter resigned as executive secretary of the Georgia Government Transparency & Campaign Finance Commission after being placed on paid leave amid accusations he misused his state-issued computer. Three formal complaints revealed Ritter’s departure stemmed from the discovery by commission staff of “hundreds of pornographic images” on his computer that at least one staff member observed Ritter viewing in the office. The complaints accused him of instructing staff not to open inquiries of multiple candidates in the 2017 Atlanta mayoral race who staffers believed may have violated state campaign finance laws. Ritter also was accused of making a similar call regarding possible campaign violations by Stacey Abrams’ gubernatorial campaign.
Indiana: Veteran Agency’s Secretive Deal with Former State Senator Possibly Violated Lobbying Laws
Indianapolis Star – Tony Cook and Chris Sikich | Published: 2/14/2019
After a state lawmaker pushed to expand the reach of the Indiana Department of Veterans Affairs (IDVA), the agency awarded him a secretive, and possibly illegal, lobbying contract that has paid him more than $150,000. The deal, signed nine months after former state Sen. Allen Paul left office, appears to run afoul of Indiana’s “revolving door” law meant to curb politicians from cashing in on government service. Paul also failed to register as a lobbyist. While the contract was in effect, Paul rarely showed up at the office, interacted little with key lawmakers, and did not maintain an account of the hours he worked. Paul continued to be paid even after the IDVA hired a full-time employee to do essentially the same job.
Michigan: Benson: Pro-Whitmer group broke campaign finance law, will pay fine
Detroit News – Jonathan Oosting | Published: 2/8/2019
A group that ran television ads last year featuring Gov. Gretchen Whitmer violated the Michigan Campaign Finance Act and has agreed to pay a $37,500 settlement, Secretary of State Jocelyn Benson said. Build a Better Michigan spent more than $2.4 million in 2018 and ran a series of pro-Whitmer ads it described as a form of “issue advocacy” traditionally exempt from the law. But some of those ads violated the statute by identifying Whitmer as a “candidate for governor,” Benson said. Benson also ruled the group’s spending could not be considered an “independent expenditure” because of apparent coordination between the group and Whitmer’s campaign.
New York: Claiming Attempt to Silence Them, Advocacy Groups Oppose Cuomo Lobbying Proposal
Gotham Gazette – Lysette Voytko | Published: 2/10/2019
One provision of New York Gov. Andrew Cuomo’s reform agenda would require any individual or organization spending over $500 in a year on lobbying to be required to register as a lobbyist, lowering the threshold from $5,000. The proposal is sparking outcry from nonprofit leaders and others, who say the proposal would harm smaller organizations and activist groups that do little formal lobbying and cannot afford the labor or time to navigate the state’s complex lobbying regulations. “Perversely, while this might increase the number of filings, it will effectively silence small groups while increasing the influence of big money in government,” states a letter from 15 nonprofits.
Texas: In Texas, More Than a Million Dollars in Ethics Fines Have Gone Unpaid
Texas Monitor – Johnny Kampis | Published: 2/7/2019
Data from the Texas Ethics Commission shows state Rep. Ron Reynolds owes $52,500 in fines for failing to file timely personal finance statements required for all candidates. Reynolds is one of the worst offenders in terms of unpaid ethics fines, but he is far from alone in thumbing his nose at the commission. As of the most recent updating on February 4, the ethics agency’s delinquent filer list shows that Texas officeholders and candidates owe more than $1.3 million in fines for being lax on those financial statements.
Virginia: Virginia Democrats Looking for a Clear Path Forward from Scandals
San Francisco Chronicle – Amy Gardner and Jenna Portnoy (Washington Post) | Published: 2/10/2019
Gov. Ralph Northam and Attorney General Mark Herring are staying, Lt. Gov. Justin Fairfax is fighting, and Virginia Democrats are grappling with how to proceed in a situation with no precedent and no one leading the way out of one of the party’s most disastrous periods in history. More than a week has passed since images emerged of Northam’s medical school yearbook page depicting a man in blackface and another in a Ku Klux Klan robe. Since then, two women have accused Fairfax of sexual assault and Herring has admitted he wore blackface as a young man. As a group, Democrats in the state publicly embraced their party’s zero tolerance for racism and sexual violence. But privately, Democrats are divided, particularly about whether ousting Northam is best for their party.
Washington: Seattle Ethics Commission May Shine Light on Political Work, City Hall Lobbying
Seattle Times – Daniel Beekman | Published: 2/12/2019
The Seattle Ethics and Elections Commission may require lobbyists to report the work they do for political campaigns. The debate follows a Seattle Times story about partners at Sound View Strategies who helped elect Mayor Jenny Durkan and have given her informal political advice. They have also been paid by corporate clients to lobby Durkan’s administration on legislation and advocate at City Hall on regulatory matters. Though Seattle already requires candidates to disclose their payments to consultants and mandates lobbyists list their payments from clients, those activities are reported separately and differently, so it can be hard to connect the dots.
February 14, 2019 •
NM Bill Setting Out New Ethics Commission’s Duties Introduced
In November, New Mexico voters approved a constitutional amendment to Article 5 of the state’s constitution. Constitutional Amendment 2 creates an independent ethics commission with jurisdiction to investigate, adjudicate and issue advisory opinions concerning civil violations of laws governing ethics, […]
In November, New Mexico voters approved a constitutional amendment to Article 5 of the state’s constitution.
Constitutional Amendment 2 creates an independent ethics commission with jurisdiction to investigate, adjudicate and issue advisory opinions concerning civil violations of laws governing ethics, standards of conduct and reporting requirements.
In order to be a functional commission, the Legislature must pass laws granting the commission all of its powers and duties.
As a result, state Rep. Daymon Ely introduced House Bill 4 setting out the new agency’s responsibilities.
The bill states the commission will have jurisdiction to investigate and adjudicate a complaint alleging a civil violation of the Lobbyist Regulation Act and the Campaign Reporting Act.
Additionally, the commission would have the authority to suspend a person from consideration for award of a contract if the person violates the Procurement Code.
If passed, sections 1 through 5, 7, and 37 of the bill will be effective July 1, 2019. The remaining sections will be effective January 1, 2020.
February 14, 2019 •
Thursday’s LobbyComply News Roundup
Campaign Finance National: “Court Ruling Doesn’t Stop Untraceable Election Spending” by Brian Slodysko (Associated Press) for apnews.org Tennessee: “Tennessee Lawmakers Appeared to Violate Fundraising Rules – but They’re Unlikely to Face Penalties” by Joel Ebert for The Tennessean Elections National: […]
Campaign Finance
National: “Court Ruling Doesn’t Stop Untraceable Election Spending” by Brian Slodysko (Associated Press) for apnews.org
Tennessee: “Tennessee Lawmakers Appeared to Violate Fundraising Rules – but They’re Unlikely to Face Penalties” by Joel Ebert for The Tennessean
Elections
National: “How Manafort’s 2016 Meeting with a Russian Employee at New York Cigar Club Goes to ‘the Heart’ of Mueller’s Probe” by Rosalind Helderman and Tom Hamburger for Washington Post
National: “Former Federal Election Commission Chair Ann Ravel Runs for State Senate in San Jose” by Casey Tolan for San Jose Mercury News
Oregon: “Oregon Secretary of State Proposes $95K Fine for Ballots Turned in Late” by Hillary Borrud for Portland Oregonian
Ethics
National: “Top Leader at Interior Dept. Pushes a Policy Favoring His Former Client” by Coral Davenport for New York Times
Montana: “Who Should Fall Under the Montana Legislature’s Anti-Harassment Policy? No Easy Answer” by Holly Michels for Helena Independent Record
New Mexico: “Ethics Commission Measure Unveiled” by Dan Boyd for Albuquerque Journal
Lobbying
Washington: “Seattle Ethics Commission May Shine Light on Political Work, City Hall Lobbying” by Daniel Beekman for Seattle Times
Procurement
California: “To Do Business with L.A., City Contractors Now Must Disclose Ties with the NRA” by Dakota Smith for Los Angeles Times
February 13, 2019 •
North Dakota Legislators Debate How to Create an Ethics Commission
North Dakota lawmakers are dealing with dual proposals to create a state ethics commission, as required by the passage of Measure 1 in November. House Bill 1521 and Senate Bill 2148 have held multiple hearings, and several senators have proposed […]
North Dakota lawmakers are dealing with dual proposals to create a state ethics commission, as required by the passage of Measure 1 in November.
House Bill 1521 and Senate Bill 2148 have held multiple hearings, and several senators have proposed amendments to alter the definition of a lobbyist, while the House version prohibits public officials from accepting gifts from lobbyists valued at more than $60 per event.
The next hearings will take place on Thursday.
February 13, 2019 •
Los Angeles City Council Passes Measure Targeting Pro-NRA Contractors
The Los Angeles City Council passed an ordinance on February 12 which requires companies that have contracts with the city to disclose under affidavit any contracts or sponsorships they or their subsidiaries have with the National Rifle Association. A letter […]
The Los Angeles City Council passed an ordinance on February 12 which requires companies that have contracts with the city to disclose under affidavit any contracts or sponsorships they or their subsidiaries have with the National Rifle Association.
A letter last week sent from the NRA threatened legal action if the ordinance passed, stating the proposal violates the First Amendment and is “an unconstitutional effort to restrict and chill an individual’s right to associate and express their political beliefs.”
Ordinance 18-0896 passed on a 14-0 vote and is headed to Mayor Eric Garcetti’s desk for review.
February 13, 2019 •
Wednesday’s LobbyComply News Roundup
Campaign Finance Louisiana: “Ethics Board to Reconsider If Louisiana Candidates Can Pay for Child Care with Campaign Funds” by Elizabeth Crisp for New Orleans Advocate Ethics National: “Rick Scott Won’t Put His Wealth in a Blind Trust Anymore” by Steve […]
Campaign Finance
Louisiana: “Ethics Board to Reconsider If Louisiana Candidates Can Pay for Child Care with Campaign Funds” by Elizabeth Crisp for New Orleans Advocate
Ethics
National: “Rick Scott Won’t Put His Wealth in a Blind Trust Anymore” by Steve Contorno for Tampa Bay Times
Canada: “Ethics Inquiry Opened Over Justin Trudeau’s Actions in Bribery Case” by Ian Austen for New York Times
Colorado: “John Hickenlooper Ethics Complaint Over Travel Is Moving Forward After Commission Refuses to Dismiss” by Nic Garcia for Denver Post
Florida: “The Lawmaker Who Dressed in Blackface Is Pushing an Ethics Bill Today. Does It Matter?” by Lawrence Mower for Tampa Bay Times
North Dakota: “North Dakota Bill Would Keep Ethics Complaint Process Largely Secret” by Patrick Springer for Inforum.com
Lobbying
National: “Ex-Lawmakers Face New Scrutiny Over Lobbying” by Alex Gangitano for The Hill
National: “National Enquirer’s Parent Firm Asked U.S. If It Should Register as Foreign Agent for Saudis” by Josh Lederman for NBC News
New Mexico: “Public Disclosure of Legislation a Lobbyist Works on Moves Forward” by Marjorie Childress for New Mexico In Depth
February 12, 2019 •
Oklahoma Ethics Commission Acts on Proposed Rule Changes
The Oklahoma Ethics Commission chose not to vote on Proposed Rule 2019-02 after hearing public comments that the proposal would affect free speech and political activity. The proposed rule would have required disclosure of the names of organizations involved in […]
The Oklahoma Ethics Commission chose not to vote on Proposed Rule 2019-02 after hearing public comments that the proposal would affect free speech and political activity.
The proposed rule would have required disclosure of the names of organizations involved in indirect or grassroots lobbying via radio, phone, internet or other broadcast media if those groups spent more than $500 on campaigns for or against specific pieces of legislation.
Those groups would also have been required to file reports with the Ethics Commission if expenditures exceeded $5,000.
The Ethics Commission passed other proposals for consideration, including a revolving door provision prohibiting elected state officers and chief administrative officers from lobbying for two years following their terms of office or service, new rules regarding the due dates of electronic filings, and revised reporting periods for candidate election reports and independent expenditure reports.
Additionally, the Ethics Commission submitted a proposal to prohibit state legislators from operating or becoming an officer of a PAC.
If the Legislature chooses not to reject the proposed rule changes again, all passed amendments will be effective upon adjournment sine die of the regular legislative session on May 31.
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.