Campaign Finance

National: “Unnamed Donors Gave Large Sums to Conservative Nonprofit That Funded Pro-Trump Allies” by Michelle Ye Hee Lee (Washington Post) for MSN

Alaska: “Judges Open Door Wider for Out-of-State Money in Alaska Elections” by James Brooks for Anchorage Daily News

Elections

National: “Roger Stone Sought WikiLeaks’ Plans Amid 2016 Campaign, Associate Says” by Sharon LaFraniere and Maggie Haberman New York Times) for WRAL

Michigan: “Ethics Committee: Brenda Jones can keep Detroit job while in Congress” by Todd Spangler and Kat Stafford for Detroit Free Press

Mississippi: “Cindy Hyde-Smith Holds Off Mike Espy to Keep Mississippi Senate Seat” by Alan Blinder (New York Times) for WRAL

Ethics

National: “Manafort’s Lawyer Said to Brief Trump Attorneys on What He Told Mueller” by Michael Schmidt, Sharon LaFraniere, and Maggie Haberman (New York Times) for MSN

National: “Republicans Block Mueller Protection Bill from Senate Floor Vote” by Caitlin Oprysko and Marianne Levine for Politico

New Mexico: “SIC Approves $5.65 Million ‘Pay-to-Play’ Settlement” by Dan Boyd for Albuquerque Journal

Pennsylvania: “Ex-Allentown Finance Director Sentenced to House Arrest for Pay-to-Play Scheme” by Peter Hall and Emily Opilo for Allentown Morning Call

Tennessee: “Mayor Briley Halts Public Works Contracts, Hires Compliance Officer Amid Questions Raised in Audit” by Joey Garrison for The Tennessean

Lobbying

Missouri: “Federal Appeals Court Decides Against Mid-Missouri Man, Ruling Unpaid Activists Are Lobbyists” by the Staff for Lake Expo

New York: “Lawsuit Seeks to Block New York’s Sweeping New Lobbying Rules” by Chris Bragg for Albany Times Union

On November 26, a campaign finance bill concerning municipal elections in Alberta, Canada, was adjourned for consideration of an amendment increasing the proposed fines for third party election advertisers found in violations of the Act.

The provincial government’s initial 180-page legislation, Bill 23, An Act to Renew Local Democracy in Alberta, introduced earlier this month, would ban corporate and union political contributions for municipal and school board elections. Individuals would be limited to contributions of $4,000 for local elections.

Additionally, campaign periods would be shortened from four years to one year before the date of a local election. The bill also requires financial disclosures from all local candidates, including individuals who fund their own campaigns.

Some entities would still be able to receive unlimited contributions from individuals, unions, and corporations, but would have to disclose the names of its contributors to Elections Alberta. Those organizations would also be limited on how the raised funds could be spent.

On November 16, a 289-page bill with various changes to federal lobbying and ethics laws was introduced in the House of Representatives. The identical bill was introduced in August in the U.S. Senate by Sen. Elizabeth Warren.

Among the legislative changes included in H.R. 7140, the “Anti-Corruption and Public Integrity Act”, are an expanded definition of “lobbyist”. The new definition covers individuals employed for compensation making at least one lobbying contact or engaging in lobbying activities that do not include making lobbying contacts.

The bill creates the definition of “corporate lobbyist”, which are lobbyists compensated by for-profit entities and 501(c)(6) organizations like chambers of commerce, but does not include other 501(c) entities or political organizations. Reporting by lobbyists would be expanded to include disclosure of specific bills, policies, and governmental actions attempted to be influenced, meetings with public officials and documents provided to those officials.

The bill permanently bans all foreign lobbying by both foreign actors and American lobbyists. American lobbyists would be prohibited from accepting money from foreign governments, foreign individuals, and foreign companies to influence United States public policy.

Other changes include a life-time ban on lobbying by former presidents, vice presidents, cabinet secretaries, members of Congress, and federal judges. All other federal employees would be banned from lobbying their former office, department, agency, or Congress after leaving their position until the end of the Administration, but for no less than two years or at least six years for corporate lobbyists. The bill prohibits companies from immediately hiring senior government officials from an agency or office recently lobbied by that company.

The law similarly would prohibit large companies, measured by annual revenue or market capitalization, from hiring former senior government officials for four years after they leave the government. Additionally, lobbyists would be prohibited from making political contributions to candidates or members of Congress, giving gifts to the executive and legislative branch officials being lobbied, and from working for any contingency fee. The bill also contains changes to the federal rule-making process, expands the open record laws, creates ethics requirements for the judicial branch, including the Supreme Court, and creates an independent U.S. Office of Public Integrity for enforcement.

An additional part of the bill addresses conflict of interest laws for federal office holders and employees, including a ban on stock ownership, while in office or employed, by members of Congress, federal judges, and White House staff and senior agency officials. Also, the legislation includes the “Presidential Conflicts of Interest Act”, which requires sitting presidents and vice presidents to place conflicted assets into blind trusts to be sold.

Campaign Finance

National: “Jeb Bush Super-PAC Fined $200,000 for Campaign Finance Violation” by Ken Doyle for Bloomberg Government

New Jersey: “‘Dark Money’ Flows into NJ Politics and None of It Has to Be Accounted For” by Dustin Racioppi for Bergen Record

South Carolina: “Court Case Could Change How SC Statehouse Elections Are Funded” by Jamie Lovegrove for Charleston Post and Courier

Elections

National: “How to Influence Campaigns: Take inexperienced staffers, stir in a small amount of money, Democrats find” by Michael Scherer for Washington Post

Ethics

National: “Manafort Breached Plea Deal by Repeatedly Lying, Mueller Says” by Sharon LaFraniere (New York Times) for WRAL

National: “Trump Nominee Sunk by ‘Fat Leonard’ Corruption Scandal” by Craig Whitlock for Washington Post

New Jersey: “Bridgegate: Ex-Christie aides win appeal on one conviction, still guilty on two other counts” by Andrew Ford for Bergen Record

Lobbying

National: “Corporations Risking ‘Serious Corruption’ by Failing to Disclose Political Engagement, Researchers Say” by Chloe Taylor for CNBC

Redistricting

Maryland: “Hogan Names Panel to Redraw Maryland’s 6th District, Despite Frosh Appeal of Court Order to Fix Gerrymandering” by Michael Dresser for Baltimore Sun

Campaign Finance

New York: N.Y. Democrats Vowed to Get Big Money Out of Politics. Will Big Money Interfere?by Vivian Wang (New York Times) for WRAL

Washington D.C.: D.C. Council Approves Sweeping Reforms to Combat ‘Pay-to-Play’ Politics by Peter Jamison for The Washington Post

Ethics

National: Trump Wanted to Order Justice Dept. to Prosecute Comey and Clinton by Michael Schmidt and Maggie Haberman (New York Times) for MSN

National: Conservative Nonprofit with Obscure Roots, Undisclosed Funders Paid Whitaker $1.2 Million by Robert O’Harrow Jr., Shawn Boburg, and Aaron Davis (Washington Post) for The Seattle Times

Colorado: Hickenlooper Paid Own Way for Some Trips, Says He Followed Ethics Law on Others by David Migoya for The Denver Post

New York: New York State Judge Allows Suit Against Trump and His Personal Charity to Proceed by Jonathan O’Connell and David Fahrenthold (Washington Post) for The Chicago Tribune

Lobbying

Missouri: Parson Alters Lobbyist Gift Ban Rules Imposed by Greitens by Kurt Erickson for the St. Louis Post-Dispatch

Missouri Gov. Mike Parson signed an executive order superseding an ethics policy implemented by his predecessor, former Gov. Eric Greitens.

Greitens’ first act as governor in 2017 was to issue Executive Order 17-02, banning executive branch employees from accepting lobbyist gifts and prohibiting governor’s office personnel from lobbying the executive branch if they leave their jobs.

Parson’s Executive Order 18-10 now bans employees of the Office of the Governor from acting as an executive lobbyist until the end of the administration in which he or she served.

The order also alters what gifts executive branch employees are banned from accepting from lobbyists, opening the door for “educational” materials such as books and souvenirs valued at less than $10.

The executive order became effective as of November 20, 2018, when it was signed.

The Joint Commission on Public Ethics is aware there are duplicate profiles in the new lobbying reporting system. Duplicate profiles only impact those who utilized the old reporting system.

If you are an existing filer attempting to claim your organization profile in the new system and notice duplicate profiles, JCOPE does not want another new organization profile to be created.

Instead, call the JCOPE helpdesk at (518) 474-3973 and speak with a Filings Specialist.

Campaign Finance

National: “Golf Courses, Dallas Cowboys: Report questions how Congress spends campaign money” by Lesley Clark for McClatchy DC

South Dakota: “Rich Relatives Are Unlimited Source of Campaign Cash in South Dakota” by Seth Tupper for Rapid City Journal

Elections

National: “In a Year of Political Logos, Campaigns of All Stripes Preferred Blue” by Chris Alcantara for Washington Post

Ethics

National: “‘Nothing on This Page Is Real’: How lies become truth in online America” by Eli Saslow (Washington Post) for St. Louis Post-Dispatch

National: “House Ethics Committee Sanctions Two Members Over Sexual Harassment Allegations” by Michael Brice-Saddler for Chicago Tribune

National: “Supreme Court Will Weigh Trump’s Plan to Add Citizenship Question to 2020 Census” by Charles Savage for Los Angeles Times

National: “Senate Democrats Sue to Block Whitaker from Serving as Acting AG” by Cailtin Opresko for Politico

Connecticut: “State Ethics Board to Appeal Court Ruling in UConn Football Coach Randy Edsall’s Case” by Dave Altimeri for Hartford Courant

Kansas: “Leavenworth County Official: ‘Master race’ comment was misconstrued by public, media” by Katy Bergen for Kansas City Star

Oregon: “Former Oregon State Board Director Faces $20,000 Ethics Fine, but He’s Not Here” by Ben Botkin for Salem Statesman-Journal

Lobbying

Utah: “‘Killing Two Birds with One Stone’: Lobbyist, political news publisher and columnist asks for an interview and offers campaign cash in email to state senator” by Benjamin Wood for Salt Lake Tribune

The New York Joint Commission on Public Ethics has launched a new lobbyist reporting system. The Organization Profile section has gone live.

All Organization Profiles from the previous system have been transferred to the new lobbying application and require an update to ensure all the information is correct.

The Commission has created an informational page to help users navigate the new system.

Campaign Finance

National: “These Democrats Swore Off PACs. But Corporate Lobbyists Have a Plan” by Kate Ackley for Roll Call

National: “GOP Megadonor Miriam Adelson Is Winning a Medal. But Are Republicans Losing the Political Money War?” by Carrie Levine and Dave Levinthal for Center for Public Integrity

Michigan:”Republican Bill Would Shield Donors to ‘Dark Money’ Groups in Michigan” by Riley Biggins for Bridge Michigan

Elections

National: “Julian Assange Is Secretly Charged in U.S., Prosecutors Mistakenly Reveal” by Charlie Savage, Adam Goldman, and Michael Schmidt (New York Times) for WRAL

California: “San Diego Loosening Rules for Phone Polls and Phone Ads to Avoid Skewed Results” by David Garrick for San Diego Union Tribune

Georgia: “Stacey Abrams Ends Fight for Georgia Governor” by Alan Blinder and Richard Fausset (New York Times) for WRAL

Ethics

National: “Judge Hands CNN Victory in Its Bid to Restore Jim Acosta’s White House Press Pass” by Paul Farhi (Washington Post) for MSN

Lobbying

Oklahoma: “Lobbyists Await Largest Number of Freshmen Lawmakers Since Statehood” by Janelle Stecklein for McAlester News Capital

Redistricting

Maryland: “Maryland Appeals Partisan Gerrymandering Decision to Supreme Court” by Ann Marimow and Erin Cox for Washington Post

The city council of San Diego voted unanimously to introduce an ordinance providing tighter restrictions on the handling of confidential documents by council members.

Following a breach and subsequent criminal probe for information provided to investors by a council member last year, the council voted to close the loophole allowing disclosure if done as a necessary function of official duties.

In addition, new language in the code now makes it illegal for lobbyists who may receive confidential documents from using or disclosing them in any way.

Lobbyists are also prohibited from disseminating a confidential document through intermediaries, such as a spouse or a cousin.

Penalties for lobbyists who illegally review or disseminate confidential documents include potential misdemeanor charges and the possibility of being sued by the city for damages.

Act A22-0442, which included the Board of Ethics and Government Accountability Amendment Act of 2018, passed congressional review.

The Act expands the scope of procurement lobbying in the District of Columbia to include action by an executive agency or official in the executive branch to contract, grant or procure goods or services.

The lobbyist reporting periods change from semi-annual to quarterly reporting in January 2019.

Additional registration requirements were added including the precise description of the subject matter, including any bill, proposed resolution, contract, or other legislation of all writing or oral communications related to lobbying activities conducted with an executive or legislative member or official’s staff.

Federal:

Banner Year for Female Candidates Doesn’t Extend to Republican Women
MSN – Susan Chira (New York Times) | Published: 11/15/2018

The number of Republican women in Congress next year will drop, even as the ranks of Democratic women swell to record heights. With a few races still undecided, the new Congress will have at least 105 Democratic women and 19 Republican women. From Congress to governor to state Legislatures, far more Democratic women ran in this cycle than Republican women. And that means fewer Republican women on the bench, gathering experience and credentials to move up to the next level. With fewer women as candidates and officeholders, Republicans risk further widening a gender gap already at historic levels, since far more women vote Democratic than Republican, said Mirya Holman of Tulane University.

Delay, Deny and Deflect: How Facebook’s leaders fought through crisis
MSN – Sheera Frenkel, Nicholas Confessore, Cecilia Kang, Matthew Rosenberg, and Jack Nicas (New York Times) | Published: 11/14/2018

Facebook has reshaped political campaigns, the advertising business, and daily life around the world. But as evidence mounted that Facebook’s power could also be exploited to disrupt elections, broadcast viral propaganda, and inspire campaigns of hate, founder Mark Zuckerberg and Chief Operating Officer Sheryl Sandberg stumbled. Bent on growth, the pair ignored warning signs and then sought to conceal them from public view. Sandberg has overseen a lobbying campaign to combat Facebook’s critics and ward off regulation. Allies of Facebook in Washington, D.C. intervened on its behalf. But trust in the company has sunk, while its growth has slowed. Regulators and law enforcement officials are investigating Facebook’s conduct with Cambridge Analytica, a political data firm that worked with Donald Trump’s 2016 campaign.

House Democrats’ Win Fuels K Street Hiring
Politico – Theodoric Meyer and Marianne Levine | Published: 11/7/2018

The Democratic takeover of the U.S. House, even as Republicans expanded their majority in the Senate, ends two years of unified GOP control of Washington in which corporate America and its lobbyists saw major victories, including a tax bill that slashed the corporate rate and extensive deregulation. Washington offices of major corporations now are grappling with how to work a Democratic House full of newly elected members, many of whom ran on promises to resist special interests and who are generally younger and more diverse than the denizens of K Street. Some lobbying firms, the biggest of which are typically bipartisan and pride themselves on their ability to thrive no matter which party is in power, and companies have already hired new Democratic lobbyists in anticipation the party might take back the House.

Trump Involved in ‘Nearly Every Step’ of Hush-Money Payments to Stormy Daniels and Karen McDougal: WSJ
CNBC – Kevin Brueniger and Dan Mangan | Published: 11/9/2018

President Trump was heavily involved during his presidential campaign in silencing the stories of women who claimed to have extramarital affairs with him, according to a report from The Wall Street Journal that contradicts repeated denials from Trump. Federal prosecutors have gathered evidence that Trump worked with his friend and media executive David Pecker to use the National Enquirer tabloid to buy the silence of adult-film star Stormy Daniels and former Playboy model Karen McDougal. Trump was allegedly involved in nearly every step of the process to prevent Daniels and McDougal from publicizing their stories and worked with his longtime lawyer and fixer Michael Cohen to coordinate the deals.

Trump Seeks to Land Blow Against Media in Court Fight with CNN
Politico – Jason Schwartz and Michael Calderone | Published: 11/14/2018

Trump administration lawyers asserted in court that the president could bar “all reporters” from the White House complex for any reason he sees fit. The sweeping claim, which came in the first public hearing over CNN’s lawsuit to restore correspondent Jim Acosta’s White House credentials, could have a dramatic impact on news organizations’ access to government officials if it is upheld in court. CNN argued in its lawsuit that the White House infringed on Acosta’s First Amendment rights by revoking his access in response to a dispute at a recent press conference. The arguments represented an escalation in Trump’s fight against the media, with more than a dozen news organizations weighing in on CNN’s side.

From the States and Municipalities:

Alabama: How a Top Official Landed in Criminal Trouble
E&E News – Sean Reilly | Published: 11/14/2018

An Environmental Protection Agency (EPA) official in the Trump administration was indicted on charges stemming from a previous job. Trey Glenn, director for the agency’s southeast region, helped a law firm fight potential EPA actions to clean up contaminated sites in Alabama on behalf of Drummond Co., which could be responsible for the cleanups. A grand jury indicted Glenn and former Alabama Environmental Management Commissioner Scott Phillips for their roles in the controversial efforts. A federal jury earlier this year convicted Balch partner Joel Gilbert and Drummond vice president David Roberson for bribing an Alabama lawmaker as part of the effort to stop the cleanup effort. Glenn and Phillips were both called as witnesses in that trial, and evidence showed they were closely with Balch on the effort to stop the cleanups.

California: SoccerCity Document Leak by San Diego Councilman Prompts Tougher Restrictions
San Diego Union Tribune – David Garrick | Published: 11/13/2018

Prompted by Councilperson Chris Cate’s sharing of confidential documents with SoccerCity investors last year, the San Diego City Council approved tighter restrictions on the handling of such documents. The tougher guidelines aim to prevent future disclosures and make it easier to prosecute leakers. In case a leak still occurs despite the new rules, the council also voted to make it illegal for lobbyists who may receive confidential documents from “using, accepting, or disclosing” them in any way. To avoid potential loopholes, the council added language saying a lobbyist also cannot disseminate a confidential document and cannot use intermediaries to disseminate it, such as a relative.

Florida: Inside the Republican Strategy to Discredit the Florida Recount
MSN – Jeremy Peters and Maggie Haberman (New York Times) | Published: 11/13/2018

Republicans’ strategy in Florida this year to discredit the recount in the close U.S. Senate race reflects their experience in the 2000 presidential election in the state. GOP strategists say they prevailed then largely because they approached the recount as they did the race itself, with legal, political, and public relations components that allowed them to outmaneuver Democrats. The effort Gov. Rick Scott and allies are waging today is similar to that multifront war in 2000 led by the George W. Bush campaign and an army of party consultants. Lawyers are filing complaints in Tallahassee; surrogates for Scott are holding news conference calls with journalists and sitting for interviews on television, blaming Democrats for tarnishing the integrity of the electoral process; and party officials are encouraging demonstrators to gather at sites where the recounts are taking place.

Missouri: Despite Election Night Victory, Fight Over Ethics Overhaul in Missouri May Not Be Over
St. Louis Post-Dispatch – Kurt Erickson | Published: 11/11/2018

Missouri voters approved a constitutional amendment to change ethics laws and overhaul the way the state’s political maps are drawn. But with the changes scheduled to start going into effect December 6, the initiative could face another round of scrutiny in a courtroom and at the Capitol. The same groups of opponents who tried to keep the “Clean Missouri” initiative off the ballot say they are mulling further legal action aimed at stopping the reforms. “We fully intend to oppose Clean Missouri any way we can,” said Dan Mehan, executive director of the Missouri Chamber of Commerce and Industry. Senate President Pro Tem-elect Dave Schatz said the Legislature may want to tinker with certain parts of the initiative.

New Jersey: Bankers’ Group Seeks End to Ban on Gifts to Local Candidates
Yahoo! Finance – Charles Toutant (Law.com) | Published: 11/11/2018

A century-old law barring banks from making contributions to candidates in local and state elections is being challenged by the New Jersey Bankers Association. The bankers filed suit seeking a declaration that the ban is unconstitutional, and asking for an order enjoining enforcement. The lawsuit claims banks’ First Amendment rights are violated by the inability to make campaign contributions. Banks are banned from making contributions of any kind or amount to, or in support of, political parties or candidates for any state or local office under the New Jersey statute. But nonbank corporations are not subject to any such prohibition, with a few exceptions, according to the plaintiff.

North Dakota: Victorious North Dakota Measure 1 Supporters Expect More Work, Lawsuits
Bismarck Tribune – Tru-Uyen Tran (Forum News Service) | Published: 11/8/2018

Voters may have approved North Dakota’s Measure 1 aimed at combating corruption but the group behind it has no plans to break up anytime soon. Being a constitutional amendment, the measure relies on lawmakers to implement it, which creates opportunities for supporters and opponents to influence that process. Ellen Chaffee, one of the founders of North Dakotans for Public Integrity, said her group will also stay together because it is anticipating legal challenges by opponents. Passage means that, among other things, the “ultimate and true source” of money spent on media to influence politics must be disclosed, lobbyists can no longer give gifts to public officials, and a state ethics commission must be formed to investigate violations.

Oregon: Oregon Lawmaker Under Scrutiny for Posting Home Addresses of Ballot Measure Petitioners
Governing – Maxine Bernstein (Portland Oregonian) | Published: 11/15/2018

A gun control advocacy group called on the Oregon House to investigate state Rep. Bill Post for putting online the phone numbers and home addresses of the chief petitioners of a ballot measure to ban assault weapons. In a Facebook post, Post encouraged gun rights supporters to personally contact three Portland clergy leading the initiative campaign to ban assault weapons and high capacity magazines in Oregon. He posted the message on the Facebook page of a group called “The Heirs of Patrick Henry, Northwest.” The post led to harassing emails and phone calls to the petitioners, and it has had a chilling effect on others challenging the gun rights lobby, said Ceasefire Oregon Executive Director Penny Okamoto.

Virginia: U.S. Supreme Court to Take Up Virginia Redistricting Case on Racial Gerrymandering
Washington Post – Gregory Schneider and Robert Barnes | Published: 11/13/2018

The U.S. Supreme Court will take up the issue of redistricting in Virginia, agreeing to hear an appeal filed by Republican legislators after a lower court’s ruling that 11 House of Delegates districts must be redrawn to correct racial gerrymandering. The action does not appear to halt the redistricting process, though, which is underway at the hands of a special master. It will be the second time the high court has heard the case. It sided with challengers in demanding further review of the districts, drawn by Virginia Republicans to ensure that 55 percent of eligible voters were black. What remains to be seen is whether the Supreme Court will again take up the issue of partisan gerrymandering, which it has never found to be unconstitutional.

Campaign Finance

Arizona: “Arizona Utility Regulators Ask Judge to Bar Colleague’s Investigation of Them” by Howard Fischer (Capitol Media Services) for Arizona Daily Star

Michigan: “Bill Could Provide a Potential $92K Windfall for 2 Michigan Senators” by Paul Egan for Detroit Free Press

New York: “Sugarman Election Complaint Seeks $700K in NYSUT Penalties” by Chris Bragg for Albany Times Union

Elections

Florida: “Inside the Republican Strategy to Discredit the Florida Recount” by Jeremy Peters and Maggie Haberman for MSN

Ethics

Federal: “Justice Dept. Defends Legality of Trump’s Appointment of Acting Attorney General” by Charlie Savage for New York Times

Lobbying

Federal: “A Fugitive Financier’s Charm Offensive Has P.R. Firms Proceeding with Caution” by Matthew Goldstein and Kenneth Vogel for New York Times

Canada: “Sask. eHealth Exec Got Free PGA Golf Trip from Vendor Doing Business with Province” by Geoff Leo for CBC

California: “SoccerCity Document Leak by San Diego Councilman Prompts Tougher Restrictions” by David Garrick for San Diego Union Tribune

Redistricting

Virginia: “U.S. Supreme Court to Take Up Virginia Redistricting Case on Racial Gerrymandering” by Gregory Schneider and Robert Barnes for Washington Post