June 29, 2018 •
News You Can Use Digest – June 29, 2018
National: Voting Machine Vendor Treated Election Officials to Trips to Vegas, Elsewhere McClatchy DC – Greg Gordon, Amy Renee Leiker (Wichita Eagle), Jamie Self (The State), and Stanley Dunlap (Macon Telegraph) | Published: 6/21/2018 Election Systems and Software (ES&S), the […]
National:
Voting Machine Vendor Treated Election Officials to Trips to Vegas, Elsewhere
McClatchy DC – Greg Gordon, Amy Renee Leiker (Wichita Eagle), Jamie Self (The State), and Stanley Dunlap (Macon Telegraph) | Published: 6/21/2018
Election Systems and Software (ES&S), the nation’s largest voting equipment vendor, has sought to cement relationships with government officials, some of whom play roles in the award of millions of dollars in contracts. Ethics experts and election watchdogs say the company’s hospitality and hobnobbing with government officials is potentially corrupting. ES&S has for years invited state and local elections officials to serve on an “advisory board” that gathers twice annually for company-sponsored conferences. “It’s highly inappropriate for any election official to be accepting anything of value from a primary contractor …,” said Virginia Canter, chief ethics counsel for the Citizens for Responsibility and Ethics in Washington.
Federal:
New Emails Suggest Scott Pruitt Discussed Hiring a Friend of Lobbyist Landlord
MSN – Lisa Friedman and Hiroko Tabuchi (New York Times) | Published: 6/24/2018
The lobbyist whose wife rented Environmental Protection Agency (EPA) Administrator Scott Pruitt a room in a Capitol Hill condominium at a discounted rate lobbied Pruitt’s chief of staff to hire a family friend. The exchange is among several previously undisclosed interactions that show how J. Steven Hart, who served as chairperson of the law firm Williams & Jensen until earlier this year, sought to exert influence over decisions at the agency even as his spouse was renting Pruitt a $50-a-night room in an upscale condo blocks from the Capitol. Emails also appear to undermine initial arguments that Hart had not lobbied the EPA during Pruitt’s tenure.
The Latest Sign of Political Divide: Shaming and shunning public officials
MSN – Mary Jordan (Washington Post) | Published: 6/24/2018
Few laws expressly prohibit a business from refusing service to a customer because of political views. Civil rights lawyers said while there have been many cases in recent history involving establishments barring black people, women, or members of the LGBT community, shunning people for their political ideology or affiliation has been relatively uncommon – until now. And in a time of intense political division, social media is magnifying the confrontations. Many who disagree with the policies and tone of President Trump and his administration think silence is complicity. But others, even those who vehemently oppose the administration’s politics, do not agree with such aggressive pushback.
Who Should File as a Foreign Agent Is a Tough One to Figure Out
Bloomberg Government – Ken Doyle | Published: 6/26/2018
Until recently, advisory letters from the U.S. Department of Justice on the Foreign Agent Registration Act (FARA) were kept confidential. Now that more than 50 of them have been made public, the trove of documents shows how complicated it is to hew to the law. Is there an easy explanation of who’s a foreign agent? “The short answer is no,” said attorney Jason Abel, who specializes in lobbying and ethics law at the firm Steptoe & Johnson. Legislation in the House would end an exemption from FARA for those who register as lobbyists with the House Clerk’s Office and Secretary of the Senate. It also would give the Justice Department new subpoena power to investigate possible FARA violations.
From the States and Municipalities:
California: California Lawmakers Approve Revamp of Sex Misconduct Policy
Sacramento Bee – Kathleen Ronayne (Associated Press) | Published: 6/25/2018
A committee of California lawmakers approved a new policy for how the Senate and Assembly will investigate sexual harassment complaints. Under the new rules, an investigative unit would look at all complaints, collect evidence, and interview witnesses. A panel of outside experts would determine whether allegations are substantiated and make recommendations on potential consequences. Aspects of the policy may require formal approval from the full Legislature and Gov. Jerry Brown, which could take a vote on the matter by August, said Legislative Counsel Diane Boyer-Vine.
Colorado: Ethics Board Asks Councilman to Pull Bill That Could Allow Expensive Gifts Within City
Colorado Public Radio – Ben Markus | Published: 6/22/2018
In a letter to City Councilperson Kevin Flynn, the Denver Board of Ethics requested he withdraw an amendment designed to revise the city’s ethics code, calling it the “wrong solution.” Flynn’s amendment redefines parameters of Denver’s gift policy. It would allow exchanges of things like expensive flight tickets, jackets, and other items between city agencies and elected officials. A media investigation found Denver International Airport has provided more than $420,000 expensive international business class tickets and hotel rooms to the mayor’s office and city council for a variety of purposes, including fact finding trips before key airport contract votes. Outside ethics experts have called the practice into question.
Florida: Ethics Board Member: Report shows top-down ethical ignorance at City Hall
Tallahassee Democrat – Jeffrey Schweers | Published: 6/23/2018
The investigative report and audiotaped interviews produced as part of the state investigation of former Tallahassee City Manager Rick Fernandez point to a top-down culture of easy ethics at City Hall, said key members of the city’s ethics board. The Florida Commission on Ethics unanimously found probable cause that Fernandez misused his position to accept gifts. Bill Hollimon of Tallahassee’s Independent Ethics Board, said the records show an environment in which it was a common practice to attend Florida State football games in the luxury skybox of a local lobbyist, rub elbows with celebrity chefs, and chat with developers about their projects and what they need from the city.
Kentucky: Kentucky Reviewing State Contract after Bribery Trial
Bowling Green Daily News – Adam Beam (Associated Press) | Published: 6/25/2018
An Illinois-based company’s million-dollar contract with Kentucky could be in trouble after one of its executives testified it paid a state lobbyist on a “success basis” during a recent federal bribery trial. Kentucky pays Cannon Cochran Management Services, Inc. (CCMSI) about $1 million a year to manage the state’s workers compensation claims. The company won the contract in 2005 and has kept it ever since. State officials recently renewed the contract for another two years. But that was before Jerry Armatis, CCMSI’s executive vice president for sales, testified during James Sullivan’s federal bribery trial. Armatis said how much money they paid Sullivan’s consulting firm depended on whether the company won a state contract.
Maine: Maine Ethics Panel Sharply Cuts Payments to Publicly Financed Candidates
Bangor Daily News – Michael Shepherd | Published: 6/27/2018
The Maine ethics commission moved to cut what could be final payments to taxpayer-funded political campaigns by nearly three-quarters if Gov. Paul LePage and Republican allies in the Legislature have their way in an ongoing dispute. The Clean Election program is in danger of being reduced to near ineffectiveness for the November election. LePage has refused to sign routine financial orders allowing the commission to increase the amount of already appropriated money that it can spend before June 30. House Republicans also have held up a bill fixing a legislative drafting error that would keep the fund from spending money as of July 1.
Minnesota: Meet the Donors Who Give to Both DFL and GOP Candidates in Minnesota
Minnesota Post – Peter Callaghan and Greta Kaul | Published: 6/26/2018
According to the most current campaign finance reports by four leading candidates for governor, five lobbying firms and/or their registered lobbyists show up on the donor lists of at least one Democratic Farmer Labor Party candidate and one Republican candidate. In addition to lobbyists and lobbying firms, at least 14 donors have given money to the campaigns of candidates from both political parties. Many of those donors, based on the information listed on disclosure reports, are associated with developers and contractors. Some lobbyists, as well as those in businesses that can be highly dependent on government regulation, need relationships with elected officials regardless of their parties. As a result, they are more likely to spread contributions across party lines than donors who are motivated by ideology.
New York: Alexandria Ocasio-Cortez: The Democrat who challenged her party’s establishment – and won
Washington Post – David Weigel | Published: 6/27/2018
U.S. Rep. Joseph Crowley, once seen as a possible successor to Nancy Pelosi as Democratic leader of the House, suffered a shocking primary defeat on June 26. Crowley was defeated by a political newcomer, Alexandria Ocasio-Cortez, a former organizer for U.S. Sen. Bernie Sanders’ presidential campaign, who had declared it was time for generational, racial, and ideological change. Ocasio-Cortez’s politics are substantially to the left of most of the party, and even Sanders. In her campaign videos and posters, she came out for universal Medicare, a federal jobs guarantee, free college tuition, and the abolition of U.S. Immigration and Customs Enforcement.
Ohio: Mike DeWine, Richard Cordray Donors Got Big Contracts from Ohio Attorney General’s Office
Cincinnati Enquier – James McNair (Ohio Center for Investigative Journalism) | Published: 6/26/2018
Ohio voters this year will choose between two candidates for governor: Attorney General Mike DeWine and his predecessor as attorney general, Richard Cordray. A review of records for the past 10 years found a strong correlation between the amount of campaign donations and the revenue received by law firms doing collection work for the attorney general’s office. Firms in the top quarter of contributors during DeWine’s tenure averaged 425 percent more revenue than those in the bottom quarter. During Cordray’s term, the top quarter of donors earned 156 percent more, on average, than the bottom quarter of contributors. Ohio does not screen and select collections contractors based on a formal scoring system. There is no competitive bidding process.
Texas: City Council Expands Campaign Disclosure Rules, Keeps Contribution Limits
Rivard Report – Iris Dimmick | Published: 6/21/2018
The San Antonio City Council approved a bill that will require anyone contributing $100 or more to a council member or mayoral campaign to disclose where they work and their title. Other measures require more frequent campaign finance reports and more contribution restrictions. The council rejected an ordinance that would have increased the donation limit for individuals.
Texas: Supreme Court Upholds Texas Voting Maps That Were Called Discriminatory
Pittsburgh Post-Gazette – Adam Liptak (New York Times) | Published: 6/25/2018
The U.S. Supreme Court handed a victory to Texas Republicans by reviving electoral districts drawn by the state Legislature that had been thrown out by a lower court for diluting the influence of black and Hispanic voters. The court’s conservative majority ruled the challengers had not done enough to show the Republican-led state Legislature acted with discriminatory intent when it adopted new electoral maps in 2013 for state legislative and congressional seats. The court did rule, however, that one of the state Legislature districts was unlawful.
West Virginia: House Votes to Consider Impeachment of Loughry, Possibly Other Supreme Court Justices
West Virginia Record – Chris Dickerson | Published: 6/26/2018
The West Virginia House of Delegates voted to begin an impeachment investigation into members of the state Supreme Court. The investigation will target Supreme Court Justice Allen Loughry, who was indicted on federal corruption charges, but may also involve other justices. House Resolution 201 empowers the Judiciary Committee to investigate the court and draw up proposed articles of impeachment if committee members decide that path is warranted. But how long the investigation may take is up in the air.
June 22, 2018 •
News You Can Use Digest – June 22, 2018
Federal: In Trump’s America, the Conversation Turns Ugly and Angry, Starting at the Top WRAL – Peter Baker and Katie Rogers | Published: 6/20/2018 The politics of rage that animated President Trump’s rise now dominate the national conversation, as demonstrated […]
Federal:
In Trump’s America, the Conversation Turns Ugly and Angry, Starting at the Top
WRAL – Peter Baker and Katie Rogers | Published: 6/20/2018
The politics of rage that animated President Trump’s rise now dominate the national conversation, as demonstrated during the debate over his immigration policy that separated children from parents apprehended at the border. Harsh discourse in American politics is not new, but rarely has the president himself set the tone from the top in the way Trump does. Christine Porath, a Georgetown University professor and author of “Mastering Civility,” said the current harsh climate was affecting people beyond politics, injecting itself into everyday life at home and work. “It seems like people are not only reciprocating, but we tend to stoop lower rather than higher – it’s really putting us in an unfortunate place,” said Porath.
Pence Turns VP’s Office into Gateway for Lobbyists to Influence the Trump Administration
Seattle Times – Michael Scherer, Josh Dawsey, and Anu Narayanswami (Washington Post) | Published: 6/15/2018
About twice as many companies and other interests hired lobbyists to contact the vice president’s office in Mike Pence’s first year than in any single year during the tenures of Vice Presidents Joe Biden and Richard Cheney. The approach has allowed Pence to emerge as a key ally for corporations inside the Trump White House even as the president vows to “drain the swamp.” Pence’s inner circle includes friends, donors, and former staffers who are among the lobbyists in regular contact with the vice president’s office. In several cases, the relationships are mutually beneficial, with lobbyists who have charged clients millions of dollars to access his office donating money to Pence-backed political causes.
Women Speak of Pervasive Harassment in DC Lobbying Culture
The Hill – Megan Wilson | Published: 6/19/2018
For K Street denizens, deals are often done over dinner or drinks, on business travel, or retreats. Much like Capitol Hill, the lobbying industry remains dominated by men, creating an environment where women say they are often subject to harassment and worse. Unlike in other industries, few women have been willing to come forward to talk about it. The Hill reached out to women on K Street, asking whether they had similar stories to those surfacing as part of the “Me Too” movement. More than a dozen women spoke about instances of sexual harassment or assault they say they have faced while working as lobbyists and political operatives, and in public relations.
Zinke Linked to Real Estate Deal with Halliburton Chairman
Politico – Ben Lefebvre and Nick Juliano | Published: 6/18/2018
U.S. Interior Secretary Ryan Zinke’s family is involved in a land deal with Halliburton Chairperson David Lesar, whose company does business with the Interior Department. A charitable foundation created by Zinke and run by his wife, Lola, is allowing a company co-owned by Lesar and his family to use a portion of its land in Whitefish, Montana, as a parking lot for the development. The Zinkes also own land on the other side of the development, and have long sparred with neighbors about their various plans for it. If the new hotel, retail stores, and microbrewery go through, real estate agents say, the Zinke-owned land next door would stand to increase substantially in value.
From the States and Municipalities:
Arkansas: Legislator-Graft Case Spotlights Arkansas Ethics-Law Flaws
Arkansas Online – Doug Thompson | Published: 6/18/2018
A lobbyist whose firm spent $3.5 million in Arkansas reported total legislator-related expenses of only $12,170 from 2010 to 2017, a comparison of his federal guilty plea and state ethics records show. Milton “Rusty” Cranford could spend up to 10 years in federal prison after pleading guilty to one count of federal program bribery. What changes the state Ethics Commission will recommend in light of events uncovered by federal investigators have not been determined, Executive Director Graham Sloan said. He said ethics laws leave reporting of lobbying and campaign expenses up to the entities involved, and the system relies on voluntary compliance, and people reporting noncompliance to the commission. Any change in that system would require new law, Sloan said.
California: ACLU Suit Targets Law That Bars Horn Honking at Protests
San Diego Union Tribune – Teri Figueroa | Published: 6/14/2018
When Susan Porter beeped her car horn in support of a political protest in San Diego last year, she quickly found herself pulled over and ticketed. According to the state vehicle code, horns are to be honked only for safety reasons or as part of a car alarm. Now, the American Civil Liberties Union of San Diego and Imperial Counties is asking a federal judge to find that state law unconstitutional, arguing in a newly filed lawsuit that preventing such honking chills free speech. The suit argues Porter is “censoring herself by refraining from using her vehicle horn for expressive purposes,” including supporting political rallies.
Colorado: Colorado Enacts Replacement Campaign Finance Enforcement System
National Law Review – Andrew Garrahan | Published: 6/19/2018
A federal court recently held that Colorado’s system for enforcing its campaign finance laws was unconstitutional. The secretary of state’s office has now enacted temporary enforcement rules, effective immediately. Under the new rules, any person may file a complaint, just like under the old system. But the rules now include three protections that attempt to prevent abuse of the system for political purposes. In addition to the enforcement changes, the new rules also establish a formal system for seeking advisory opinions on campaign finance issues.
Florida: A Persistent Gadfly Wins Again in the Supreme Court
WRAL – Adam Liptak (New York Times) | Published: 6/18/2018
The U.S. Supreme Court gave a civic activist in Florda another shot at proving his arrest at a city council meeting was in retaliation for his criticism of public officials. The court said it was ruling narrowly for Fane Lozman, whose battles with the Riviera Beach City Council had become legendary. It said a lower court had been wrong to stop his retaliation lawsuit. The case grew from an attempt to cut Logan off at a council meeting into a major free-speech showdown that carried nationwide implications for citizens arrested, as Lozman was, by government officials whom they criticize.
Georgia: Candidate for Georgia Governor Bought Condo from Lobbyist
New York Times – Kevin Sack | Published: 6/14/2018
A Republican candidate for Georgia governor reportedly bought an Atlanta condominium from a lobbyist at what appeared to be a discount. The New York Times, citing real estate records, says Lt. Gov. Casey Cagle purchased the condo 10 years ago at 24 percent less than its appraised value. It was bought from Terry Hobbs, a lobbyist who represents natural gas marketer SCANA. Cagle sold the condo last year at a 29 percent profit. As lieutenant governor, Cagle presides over the Senate and controls the flow of legislation there. Cagle said the sale was “a legitimate transaction” and Hobbs had not lobbied him on any issue around the time of the sale.
Kansas: Judge Slams Kobach for Flouting Court Rules
Politico – Josh Gerstein | Published: 6/18/2018
A federal judge permanently struck down Kansas’s proof-of-citizenship voter registration law, rebuking Kansas Secretary of State Kris Kobach, one of the country’s most vocal advocates of voter-ID laws. U.S. District Court Judge Julie Robinson said the state’s requirement that voters show proof of citizenship during registration violated both the Constitution and the National Voter Registration Act. Robinson struck down the law and ordered Kobach to take six additional hours of continuing legal education that “pertain to federal or Kansas civil rules of procedure or evidence.” In an earlier ruling, Robinson held Kobach in contempt for skirting court orders related to the law and failing to send postcards confirming registration for thousands of voters.
Kentucky: Kentucky Man Gets 30-Day Sentence in Attack on Senator Rand Paul
Reuters – Suzannah Gonzales | Published: 6/19/2018
U.S. Sen. Rand Paul’s neighbor was sentenced to 30 days in prison for tackling the lawmaker while he was out doing yard work at his Kentucky home. Paul, who suffered broken ribs, had hoped for a harsher penalty. He said in a statement that the 21 months in prison sought by prosecutors “would have been the appropriate punishment.” Rene Boucher pleaded guilty to assaulting a member of Congress in the attack. Boucher said he was triggered by Paul repeatedly stacking debris near their property line in Bowling Green and “lost his temper.” Boucher must serve a year of supervised release after the prison time, stay away from the Paul family, and pay a $10,000 fine.
Maryland: Candidate’s Relationship with Talk Radio Station Raises Questions About Campaign Finance
Baltimore Sun – Libby Solomon | Published: 6/18/2018
Nino Mangione’s family owns talk radio station WCBM 680. He is the station’s web manager. Until April, he even hosted a weekly, hourlong talk show. But Mangione is also running to be a state delegate, a situation one of his opponents said is problematic. “… He’s using his family-owned media platform to promote his own candidacy, and doesn’t seem to understand the conflict of interest involved,” said Justin Kinsey. Mangione said when the WCBM website posts stories about his campaign, it is just reporting the news, not advertising his campaign. Attorney Andy Levy said the relationship could potentially be considered an in-kind campaign contribution, subject to reporting requirements and limits.
Massachusetts: City Council Offers Own Lobbying Bill, Straying from Marty Walsh’s Proposal
Boston Globe – Milton Valencia | Published: 6/19/2018
Boston City Council members Michelle Wu and Michael Flaherty introduced a new lobbying ordinance. The proposal would require lobbyists and their clients to file notices with the city and pay an annual fee: $1,000 for a lobbyist and $500 for a client. They would have to file quarterly reports. A plan to reform the city’s lobbying law was proposed by Mayor Martin Walsh two years ago with a home rule petition that needed the state Legislature’s approval. Wu and Flaherty are proposing a local ordinance, which needs approval from only the council and mayor. But the versions are different enough to raise questions whether a deal can be reached on any changes to the city’s minimal lobbyist registration and disclosure requirements.
Ohio: Convicted Ohio Republican Businessman’s Company Targets Democrats
Philadelphia Inquirer – Julie Carr Smyth (Associated Press) | Published: 6/20/2018
Ben Suarez, an Ohio direct-marketer who was convicted of witness tampering in a campaign finance investigation, is organizing an operation to retaliate against the prominent Democrats he blames for putting him in prison. A memorandum lays out The Justice Association’s strategy for a lawsuit and ad campaign targeting U.S. Sen. Sherrod Brown, who is running for re-election this year, and former U.S. Attorney Steven Dettelbach, the Democratic nominee for state attorney general. It calls them “chief culprits” in a vast effort by Democrats to unjustly prosecute Republican-owned companies under former President Obama.
West Virginia: West Virginia Supreme Court Justice Indicted in Investigation He Initiated
Governing – Lacie Pierson (Tribune News Service) | Published: 6/21/2018
West Virginia Supreme Court Justice Allen Loughry, who wrote a book on political corruption in the state, was arrested by FBI agents and faces 22 charges alleging fraud, witness tampering, and lying to investigators. The indictment says Loughry used a state vehicle and credit card for personal use, including trips to visit family. It says Loughry also sought mileage reimbursements for trips even though he drove a state vehicle and used a government credit card for gas. He was accused of moving a leather couch and a valuable desk from the Supreme Court office to his home, and of lying to federal agents about his actions and trying to influence an employee’s testimony. Loughry has been suspended without pay.
June 15, 2018 •
News You Can Use Digest – June 15, 2018
Federal: Meet the Guys Who Tape Trump’s Papers Back Together Politico – Annie Karni | Published: 6/10/2018 Under the Presidential Records Act, the White House must preserve all memos, letters, emails, and papers the president touches, sending them to the […]
Federal:
Meet the Guys Who Tape Trump’s Papers Back Together
Politico – Annie Karni | Published: 6/10/2018
Under the Presidential Records Act, the White House must preserve all memos, letters, emails, and papers the president touches, sending them to the National Archives for safekeeping as historical records. But President Trump has an odd and enduring habit of ripping up papers when he is done with them – what some people described as his unofficial “filing system.” White House aides realized early on they were unable to stop Trump. Instead, staffers have the fragments of paper collected from the Oval Office, as well as the private residence, and send it to the records management office to reassemble. “We got Scotch tape, the clear kind,” said Solomon Lartey, a records management analyst. “You found pieces and taped them back together and then you gave it back to the supervisor.”
US Lifts Secrecy on Foreign Lobbying Opinions
Talking Points Memo – Chad Day and Eric Tucker (Associated Press) | Published: 6/8/2018
For the first time, the U.S. Justice Department began releasing advisory opinions about the Foreign Agents Registration Act. The law requires lobbyists to detail their involvement in advocating for foreign governments. The release included memos issued since 2010. The department had kept the opinions secret for decades, a point of contention for transparency advocates and lawyers who specialize in advising clients on complying with the law. The opinions provide an unprecedented view into the thinking of a specialized Justice Department unit whose influence has grown in recent years, propelled by more aggressive enforcement and a special counsel investigation focused on foreign influence operations inside the U.S.
From the States and Municipalities:
Alabama: John Merrill Questions Alabama Ethics Commission’s Waivers of Fines
AL.com – Mike Cason | Published: 6/8/2018
Alabama Secretary of State John Merrill is questioning the state Ethics Commission’s decision to waive fines for violations of campaign finance law. The penalties are in force for the first time with the 2018 elections. The commission voted to waive civil fines levied against 33 candidates and political committees by Merrill’s office. The fines were for late filing of campaign finance reports, which are required by the Fair Campaign Practices Act to show who contributes to campaigns and how that money is spent. The filing requirements are not new. But a 2015 law aimed to step up enforcement, giving the secretary of state the authority to levy fines and the Ethics Commission the authority to investigate campaign finance violations.
Arkansas: Former Arkansas Lobbyist Pleads Guilty in Bribery Scheme
WRAL – Kelly Kissell (Associated Press) | Published: 6/7/2018
Former lobbyist Milton “Rusty” Cranford pleaded guilty to bribing elected officials in Arkansas. Cranford admitted paying bribes to former state Sen. Jon Woods, former state Rep. Henry Wilkins IV, and a legislator identified only as “Arkansas Senator A.” According to federal prosecutors, the lawmakers diverted state funds and performed legislative favors for Cranford and companies he represented, at times holding up state agency budgets. Sen. Jeremy Hutchinson, a nephew of Gov. Asa Hutchinson, matches the description of “Senator A.”
California: Radical Plan to Split California Into Three States Earns Spot on November Ballot
Los Angeles Times – John Myers | Published: 6/12/2018
A proposal to partition California into three separate states earned enough signatures to qualify for the November ballot. The initiative calls for splitting the Golden State into northern and southern regions, as well as the central coast and Los Angeles Basin. “Three states will get us better infrastructure, better education, and lower taxes,” said Tim Draper, the Silicon Valley venture capitalist who sponsored the ballot measure. The proposal faces an uphill battle. If Californians vote for the separation, the state Legislature would have to approve it, and then Congress would still have to ratify the measure. If approved, it would be the first division of an existing U.S. state since West Virginia was formed out of a part of Virginia in 1863.
Colorado: Federal Judge Finds Portions of Colorado’s Campaign Finance Complaint Process Are Unconstitutional in Ruling Likely to Prompt Big Change
Denver Post – Jesse Paul | Published: 6/13/2018
U.S. District Court Judge Raymond Moore ruled that Colorado’s procedure for bringing campaign finance complaints is unconstitutional. The law allows anyone in the public to file a complaint that is automatically forwarded, without review for merit by the secretary of state’s office, to an administrative law judge. Moore’s ruling essentially means there now has to be some kind of screening mechanism put in place to prevent frivolous cases that can leave defendants facing high attorney fees. Colorado’s deputy secretary of state, Suzanne Staiert, said the decision now means her office has to find a way to satisfy the vetting requirements.
Florida: Ethics Commission: Fernandez misused position to get FSU tickets, catering discount
Tallahassee Democrat – Jeff Burlew | Published: 6/13/2018
The Florida Commission on Ethics said former Tallahassee City Manager Rick Fernandez violated the state’s ethics laws when he accepted Florida State University football tickets from a local lobbyist and a four-figure catering discount from the city-backed Edison restaurant. The panel said Fernandez solicited the football tickets and catering discount in violation of Florida’s gift law, and he either knew or should have known the gifts were given to influence his official action as city manager. The commission did not find probable cause on several other allegations involving a former Edison employee who was given a job at City Hall after Fernandez got the catering discount.
Florida: Lobbyists Face New Requirements at Citizens
WPEC – Jim Turner (News Service of Florida) | Published: 6/13/2018
Lobbyists who represent clients at the state-backed Citizens Property Insurance Corp. will have to comply with a new registration process. A registration website will be available August 1, with lobbyists expected to comply with the policy starting September 1, said Citizens President Barry Gilway. All lobbyists currently registered with the executive branch will receive a letter advising them of the changes, Gilway said. The rules would apply to anyone that wants to sway Citizens policy or contracting and who contacts Citizens staff or board members. The rules will not apply to attorneys, agents, adjusters, or other people representing clients in insurance claims or judicial proceedings.
Montana: Governor Signs Executive Order Targeting Dark Money
Montana Public Radio – Corine Cates-Carney | Published: 6/8/2018
Montana Gov. Steve Bullock signed an executive order that aims to shine more light on political donations. Contractors will have to disclose if they have made campaign contributions in excess of $2,500 in the last two years to so-called dark money organizations. Those are groups that are not legally required to make their donor lists public. Any state contractor selling more than $25,000 in services, or $50,000 worth of goods to the state will have to report dark money contributions. According to the governor’s office, there are roughly 500 to 600 state contractors who would fall under the new disclosure requirements.
New York
IDC-Independence Party Campaign Finance Deal Declared Illegal
Albany Times Union – David Lombardo | Published: 6/7/2018
A fundraising agreement between a statewide third party and the New York Senate’s now-defunct Independent Democratic Conference has been deemed invalid by a state Supreme Court justice. The arrangement with the Independence Party boosted then-party leader Jeff Klein’s ability to raise and spend campaign money, as the new account was able to accept six-figure donations and transfer unlimited amounts to candidates. The increased fundraising muscle was flexed in 2016 and had been expected to play a pivotal role in September, when the eight former members of the conference may face Democratic primaries.
New York: New York Files Suit Against President Trump, Alleging His Charity Engaged in ‘Illegal Conduct’
Chicago Tribune – David Fahrenthold (Washington Post) | Published: 6/14/2018
New York Attorney General Barbara Underwood filed a lawsuit against President Trump, the Donald J. Trump Foundation, and members of the Trump family, alleging the charity violated federal and state law. The complaint alleges the foundation provided illegal support to Trump’s 2016 presidential bid by using public funding to promote his candidacy, and raised more than $2.8 million to support the campaign. The lawsuit also says Trump used the foundation to cover legal fees and to promote his properties and businesses. Underwood asked a state judge to dissolve the foundation and sent referral letters to the IRS and FEC for possible further action.
Ohio: Court: States can purge voters who don’t vote or respond to warnings
USA Today – Richard Wolf | Published: 6/11/2018
The U.S. Supreme Court ruled states can clean up their voting rolls by targeting people who have not cast ballots in a while. The justices rejected arguments in a case from Ohio that the practice violates a federal law intended to increase the ranks of registered voters. A handful of other states also use voters’ inactivity to trigger a process that could lead to their removal from the voting rolls. Ohio asks people who have not voted in two years to confirm their eligibility. If they do, or if they show up to vote over the next four years, voters remain registered. If they do nothing, their names eventually fall off the list of registered voters. Justice Stephen Breyer, writing in dissent, said the 1993 law prohibits removing someone from the voting rolls “by reason of the person’s failure to vote. In my view, Ohio’s program does just that.”
Oklahoma: Oklahoma Ethics Commission Raises Fees to Stay in Operation
The Oklahoman – Nolan Clay | Published: 6/9/2018
The Oklahoma Ethics Commission voted to raise its registration fees from $150 to $250. The change goes into effect July 1. Commissioners acted after they learned the agency could run out of money next fiscal year. They already voted in May to sue over the lack of funding the commission got from the state Legislature. Lawmakers are making the ethics agency use its revolving fund to operate. The fund is made up of the fees collected from lobbyists, candidates, political parties, and PACs.
Washington: Why Google Won’t Run Political Ads in Washington State for Now
Seattle Times – Jim Brunner and Christine Clarridge | Published: 6/7/2018
Google stopped accepting political ads in Washington, the same day that changes to the state’s campaign finance reporting requirements and enforcement procedures took effect. Google acted days after Washington Attorney General Bob Ferguson sued the company, along with Facebook, saying the firms are not obeying state law on political ad transparency. The Public Disclosure Commission issued guidelines related to the new law and passed an emergency rule that clarified that digital ad companies like Google are subject to state law requiring them to maintain publicly available information about political ads, just like television stations and other media.
June 8, 2018 •
News You Can Use Digest – June 8, 2018
Federal: A Courtside View of Scott Pruitt’s Cozy Ties with a Billionaire Coal Baron MSN – Steve Eder, Hiroko Tabuchi, and Eric Lipton (New York Times) | Published: 6/2/2018 Environmental Protection Agency (EPA) Administrator Scott Pruitt enjoyed special access for […]
Federal:
A Courtside View of Scott Pruitt’s Cozy Ties with a Billionaire Coal Baron
MSN – Steve Eder, Hiroko Tabuchi, and Eric Lipton (New York Times) | Published: 6/2/2018
Environmental Protection Agency (EPA) Administrator Scott Pruitt enjoyed special access for a University of Kentucky basketball game last December, scoring two of the best seats in the arena in a section reserved for season-ticket holders who had donated at least $1 million to the university. Pruitt and his son sat in seats belonging to Joseph Craft III, a billionaire coal executive who has engaged in an aggressive campaign to reverse the Obama administration’s environmental crackdown on the coal industry. Pruitt’s attendance at the game followed a year of regulatory victories for Craft, who maintains close ties to Pruitt even as he has lobbied the EPA on issues important to his company, Alliance Resource Partners.
Trade Groups in Turmoil in the Trump Era
Roll Call – Kate Ackley | Published: 6/7/2018
Trade associations, traditionally the backbone of K Street’s lobbying corridor, find themselves in the throes of disruption. These multimillion-dollar organizations are clamoring for ways to boost membership, and sometimes even keep their doors open, as they work to stay relevant amid the political and policy uncertainty of Washington during the era of President Trump. A number of high-profile, highly paid association chiefs have left or are on their way out, while some groups have lost significant members or are folding into other organizations, a sign that associations feel the dual storm of political turmoil and increasing pressure from their membership.
Trump Lawyer Payments Fuel AT&T Shareholders’ Push to Know More About Political Spending
Dallas Morning News – Melissa Repko | Published: 6/6/2018
Long before AT&T found itself under fire for hiring President Trump’s personal attorney Michael Cohen, some of the company’s shareholders sent up a warning: secrecy surrounding how it spends money in Washington, D.C. could put its reputation at risk. For five years, a group of shareholders has pushed AT&T to disclose how much it funds industry groups and tax-exempt organizations that engage in political activities. Companies are facing pressure from shareholders to reveal how they spend money to influence legislation on Capitol Hill. But those concerns took on new relevancy at AT&T when it became public that the company paid $600,000 to Cohen to advise on various matters.
From the States and Municipalities:
Alabama: An Alabama Sheriff Kept $750,000 Meant to Buy Food for Inmates. Voters Just Replaced Him.
Seattle Times – Eli Rosenberg (Washington Post) | Published: 6/6/2018
Etowah County Sheriff Todd Entrekin, criticized for making money from the county jail’s food program, was defeated in a primary election. Alabama gives sheriffs money to feed each prisoner, and sheriffs got to pocket anything that is left over. It was reported that Entrekin pocketed more than $750,000 over the past three years from a source he identified as “food provisions,” according to ethics disclosures. It was also reported that Entrekin and his wife purchased a home for $740,000 in September.
California: Facebook Tried to Rein in Fake Ads. It Fell Short in a California Race.
MSN – Sheera Frenkel (New York Times) | Published: 6/3/2018
Facebook has faced difficulties as the company aims to prevent manipulation of its ad system in elections, especially as the midterms loom this November. While Facebook has introduced several measures to improve the transparency of political ads on its platform, some groups and individuals appear to be finding ways to flout the new restrictions, and company has not been able to catch them. That raises questions about whether there are other gaps.
Florida: Behind Florida’s Payments to Victims, Links to Lobbyists
Gainesville Sun – Gary Fineout (Associated Press) | Published: 6/4/2018
Of the $37.5 million in claims bills – payments to victims and families harmed by government actions – approved over the past two years, $16.9 million was awarded to victims represented by a lobbyist who is the brother of Florida’s outgoing House speaker, Richard Corcoran. Lobbying records show Michael Corcoran’ firm collected at least $89,000 in fees last year for its work on claims bills and is in line to receive tens of thousands more this year. During the 2013 and 2014 sessions, legislators did not approve a single claims bill, in part due to opposition by then-Senate President Don Gaetz, who said it seemed bills were passing based not on their substance, but the effectiveness of the lobbyists behind them.
Louisiana: Louisiana Lawmakers Are Pushing Bills That Benefit Their Own Businesses. And It’s Perfectly Legal.
ProPublica – Rebekah Allen (New Orleans Advocate) | Published: 6/6/2018
Louisiana’s ethics laws allow legislators to write, advocate for, and cast votes on bills that would enrich themselves, their relatives, and their clients, as long as others in the same affected industry would benefit similarly. Regardless of the law, watchdogs say, such advocacy is troubling. If a lawmaker steps over the line while pushing a bill to benefit himself or herself, complaints can only be brought forward by other members of the Legislature, not the public at large. “Would you want someone on a jury who will gain financially depending on the outcome of a particular decision? It just shows the craziness of our system,” said Pearson Cross, a political science professor at the University of Louisiana at Lafayette.
Missouri: In About-Face, New Missouri Gov. Parson Says He Won’t Accept Lobbyist Gifts
Kansas City Star – Jason Hancock | Published: 6/6/2018
Missouri Gov. Mike Parson will abide by an executive order signed by his predecessor last year that prohibits him from accepting any gifts from lobbyists. The ban extends to his taxpayer-funded staff as well. The announcement is an about-face for Parson, who was the only statewide elected official to take any lobbyist gifts in 2017. During his six years in the state Senate, Parson and his staff accepted more than $30,000 worth of lobbyist gifts. The order also prohibits staff members from lobbying the administration upon termination of their employment.
Oregon: Former Oregon First Lady Cylvia Hayes to File for Bankruptcy, Attorney Says
Portland Oregonian – Jeff Manning and Hillary Borrud | Published: 6/6/2018
Cylvia Hayes, Oregon’s former first lady, will file for bankruptcy, in part to get out from under about $125,000 in debts and penalties she accrued in her legal battle to keep her emails secret. The Oregon Government Ethics Commission found Hayes misused her position as first lady and a policy adviser to secure consulting contracts worth more than $200,000. Her lawyers and the commission are now trying to reach a settlement on the fines, which could run as much as $110,000.
South Carolina: Longtime Richland Sen. Courson Resigns, Enters Guilty Plea in Corruption Probe
The State – John Monk | Published: 6/4/2018
South Carolina Sen. John Courson pleaded guilty to a corruption charge and resigned his seat. He also agreed to cooperate in the investigation of corruption at the statehouse that has resulted in guilty pleas and resignations from three other lawmakers. Courson’s plea came as his trial was about to begin on charges of misconduct in office and converting campaign money for his personal use. He said he sent campaign contributions to his political consultant, Richard Quinn & Associates, who would give him a portion back to cover years of unpaid personal campaign reimbursements. State law does not allow candidates to do that. Courson also failed to itemize the reimbursements on his disclosure reports.
South Carolina
S.C. Attorney General Alan Wilson Hasn’t Severed Ties to Controversial Quinn Family
Greenville News – Kirk Brown (Anderson Independent Mail) | Published: 6/4/2018
Despite years of negative publicity and withering criticism from political rivals, South Carolina Attorney General Alan Wilson has not cut his financial ties to the controversial Quinn family. As part of his bid for a third term, records show Wilson has made $117,000 in campaign expenditures since 2015 to Richard Quinn & Associates, Richard Quinn’s daughter, Rebecca Mustian, and her company, Spring Strategies. Those payments came while Richard Quinn, his firm, and his son, former state Rep. Rick Quinn, were at the center of a statehouse corruption probe. Mustian was not implicated in the investigation.
Washington: Facebook and Google Get Sued by Washington State Over Political Ads
Governing – Jim Brunner (Tribune News Service) | Published: 6/4/2018
Washington Attorney General Bob Ferguson filed campaign finance lawsuits against Google and Facebook, alleging the companies “failed to maintain legally required information on Washington state political advertising” placed online since 2013. Ferguson said companies that accept political advertising are required to keep tabs on who buys the advertising, and make that information available to the public. Collected information includes the name of the candidate or measure, dates the ads ran, who sponsored it, and the total cost spent. Once focused largely on television, campaigns have increasingly turned to online advertising in recent elections.
June 1, 2018 •
News You Can Use Digest – June 1, 2018
National: Who’s Behind Those Political Ads on Facebook? Now, You Can Find Out. San Antonio Express-News – Tony Romm (Washington Post) | Published: 5/24/2018 Facebook and Twitter, said they are following through on promises to add verification, disclosures, and […]
National:
Who’s Behind Those Political Ads on Facebook? Now, You Can Find Out.
San Antonio Express-News – Tony Romm (Washington Post) | Published: 5/24/2018
Facebook and Twitter, said they are following through on promises to add verification, disclosures, and additional information to all political advertisements. For both companies, the stakes are high ahead of the 2018 midterm election, after Russian agents spread propaganda, through ads and other posts, on social media sites in a bid to create social and political unrest in the U.S. during the 2016 presidential race. On Facebook, political ads will include a marker at the top indicating who has paid for it. Clicking on the label will bring users to a new repository of all political ads that have run on the site. Twitter said it soon would require political advertisers to prove their identity before promoting tweets on the platform.
Federal:
F.B.I. Official Wrote Secret Memo Fearing Trump Got a Cover Story for Comey Firing
MSN – Matt Apuzzo, Adam Goldman, and Michael Schmidt (New York Times) | Published: 5/30/2018
Former Acting FBI Director Andrew McCabe wrote a confidential memo last year recounting a conversation that offered significant behind-the-scenes details on the firing of McCabe’s predecessor, James Comey. His dismissal is a central focus of the special counsel’s investigation into whether President Trump tried to obstruct the probe into his campaign’s ties to Russia. McCabe described a conversation with Deputy Attorney General Rod Rosenstein, who played a key role in the firing, writing a memo that rebuked Comey over his handling of an investigation into Hillary Clinton. In a meeting with McCabe, Rosenstein said Trump originally asked him to reference Russia in his memo. To McCabe, that seemed like possible evidence Comey’s firing was actually related to the FBI’s investigation into the Trump campaign’s ties to Russia, and Rosenstein helped provide a cover story by writing about the Clinton inquiry.
Former Drug Industry Lobbyist Helps Steer Trump Drug Plan
Politico – David Pittman | Published: 5/27/2018
Joe Grogan – a former drug industry lobbyist who has sweeping authority over drug pricing, entitlement programs, and other aspects of federal health policy at the Office of Management and Budget (OMB) – did not obtain a waiver from a directive President Trump issued during his first week in office that imposed a two-year waiting period between lobbying and regulating on the same “specific issue area.” Grogan was the top lobbyist for Gilead Sciences until he arrived at the OMB last March. The administration says Grogan did not need such a waiver because his government job does not overlap with what he did for Gilead. His new role, the OMB says, affects policy for an entire industry, not simply the one company he worked for.
How a Sanctioned Russian Bank Wooed Washington
Center for Public Integrity – Carrie Levine | Published: 5/31/2018
Foreign campaigns to influence American officials are supposed to be transparent under the Foreign Agents Registration Act (FARA), a law requiring detailed disclosure of foreign influence efforts. But few believe FARA has been working well. It is riddled with exemptions, enforcement is weak, and criminal penalties apply only to willful violations. And lobbyists’ filings are frequently late with few consequences, making available information less valuable to the public. Now, with accusations of foreign meddling gripping the nation’s capital, FARA is drawing more scrutiny. The case of VTB, a state-owned Russian bank, illuminates what Americans learn – or do not – under FARA.
Trump Says He Will Pardon Dinesh D’Souza, an Obama Critic Who Violated Campaign Limits
USA Today – Gregory Korte | Published: 5/31/2018
President Trump announced he would offer a pardon to conservative pundit Dinesh D’Souza, who pleaded guilty to violating federal campaign finance laws but later said he was targeted for his conservative views. Trump said he is also considering leniency in number of other cases, including those of former Illinois Gov. Rod Blagojevich and Martha Stewart. D’Souza’s pardon would continue Trump’s use of clemency power to correct what he perceives as politically motivated prosecutions. But they also come amid investigations into his own campaign and inner circle, including a probe into whether his personal attorney, Michael Cohen, violated the law when he illegally paid off an adult film actress who said she had a relationship with Trump.
From the States and Municipalities:
Arizona: Women Slam Don Shooter’s Campaign for Arizona Legislature After Harassment Expulsion
Arizona Republic – Dustin Gardiner | Published: 5/30/2018
Don Shooter, the former Arizona lawmaker expelled from office for sexually harassing women, has qualified to appear on the ballot as a candidate for the state Senate. The Arizona House expelled Shooter after investigators concluded he sexually harassed at least seven women over many years, including fellow lawmakers, a lobbyist, and the former publisher of The Arizona Republic. One of those women, lobbyist Marilyn Rodriguez, immediately took to Twitter to protest his candidacy. “Don Shooter is a predator and serial harasser who disgraced the honor of elected office,” Rodriguez tweeted.
California: Chairwoman of California’s State Campaign Watchdog Agency Resigns Amid Power Struggle
Los Angeles Times – Patrick McGreevy | Published: 5/29/2018
Jodi Remke submitted her resignation as chairperson of the California Fair Political Practices Commission (FPPC) amid turmoil as other members of its panel were moving to reduce her powers. The resignation comes after a majority of the FPPC supported the creation of two subcommittees to provide input on key decisions that previously have been made largely by Remke, who is the only member of the panel who has a full-time role. Remke is becoming the presiding administrative law judge for the state Unemployment Insurance Appeals Board.
Michigan: Feds: Ex-Detroit airport manager took bribes, ate evidence to cover up crime
Detroit Free Press – Tresa Baldas | Published: 5/23/2018
A former Detroit Metropolitan Airport official was indicted in federal court on charges he pocketed more than $5 million in bribes and tried to cover up the crime by eating evidence. Former airport utilities and infrastructure manager James Warner had the power to approve and extend maintenance projects funded through the Wayne County Airport Authority from 2010 to 2014. During one dinner, Warner and contactor Gary Tenaglia discussed contracts and kickbacks, prosecutors said. “During the meal, James Warner wrote ‘5k,’ a proposed kickback amount, on a napkin,” prosecutors wrote in the indictment. “He folded it and slid it across the table to Gary Tenaglia. After Gary Tenaglia acknowledged the meaning of the writing on the napkin, James Warner retrieved the napkin and ate it.”
Missouri: Missouri Gov. Eric Greitens Resigns, Ending Political Career Once Aimed at Presidency
Kansas City Star – Jason Hancock and Bryan Lowry | Published: 5/29/2018
Missouri Gov. Eric Greitens announced he will resign amid personal and political scandals that marred his once-promising career. A woman with whom Greitens had an affair alleged he took a nude photograph without her consent to use as blackmail to keep her from talking about their relationship. He was indicted on a felony count of invasion of privacy stemming from the woman’s accusations. Greitens also faced charges he used a veterans charity donor list to raise money for his 2016 campaign for governor without the permission of the group. State lawmakers called a special session to consider impeaching Greitens. In stepping down, he presented himself as a victim of an unjust political attack, despite criticism he has received from across the political spectrum.
New Mexico: New Mexico Governor Candidate Profited from High-Risk Insurance Plans
Politico – Rachana Pradhan | Published: 5/30/2018
U.S. Rep. Michelle Lujan Grisham, a Democratic candidate for governor in New Mexico, profited from the state’s use of a high-priced health-insurance program for seriously ill patients, even after the Affordable Care Act made such programs virtually obsolete. As most states were shuttering their subsidized health-insurance programs for people with pre-existing conditions because they could get coverage through Obamacare, a firm co-founded by Lujan Grisham and a close political ally received millions of dollars to run New Mexico’s program, even as she served in Congress. Lujan Grisham denied she exerted pressure on state officials to keep the program open because of their financial interests, although watchdogs suggest that influence would be difficult to detect, in part because of New Mexico’s porous conflict-of-interest rules.
Ohio: Payday Lenders Say Ex-Ohio House Speaker Cliff Rosenberger Threatened Them, Delayed Bill
Cleveland Plain Dealer – Jackie Borchardt | Published: 5/24/2018
Former Ohio House Speaker Cliff Rosenberger used strong-arm tactics to defeat a bill to regulate the payday loan industry, including threatening loan companies that were trying to work on a compromise with reform advocates, according to two payday loan executives and their lobbyists. The bill was introduced in March 2017 but languished in a House committee for over a year before advancing without a single change. Rosenberger resigned in April amid reports the FBI was asking questions about a trip he took to London in August, where he was accompanied by lobbyists for the short-term lending industry.
Pennsylvania: Judge Hits Ex-Pa. House Speaker John Perzel with New $1M Restitution Order on Corruption Convictions
PennLive.com – Matt Miller | Published: 5/30/2018
A year after the state Supreme Court tossed it out, a Dauphin County judge found an alternate way to reinstate a $1 million restitution order on former Pennsylvania House Speaker John Perzel. Citing the loss to the state, President Judge Richard Lewis slapped the restitution back on Perzel as he resentenced him on his 2011 corruption convictions. Perzel was among several lawmakers who pleaded guilty or were convicted of diverting taxpayer funds to convert the House Republican Caucus’ information technology department into a high-tech campaign machine to benefit GOP candidates. The high court ruled Lewis’s 2012 restitution order was invalid because the state cannot be considered a victim for the purposes of restitution. Lewis imposed the new $1 million restitution figure under the state Pension Forfeiture Act.
Wisconsin: Wisconsin Lawmakers Got $164,000 in Travel and Perks Last Year from Outside Groups
Milwaukee Journal Sentinel – Keegan Kyle and Patrick Marley | Published: 5/29/2018
A review shows fifty Wisconsin lawmakers last year had their meals, lodging, airfare, and other travel costs covered by outside groups, or they received payments for speaking or other services. The total amount was $164,000, with four legislators each receiving more than $10,000. Travel for lawmakers has drawn attention after former Ohio House Speaker Cliff Rosenberger resigned amid an FBI investigation into his trips. Wisconsin Assembly Speaker Robin Vos joined Rosenberger on some of those trips. Wisconsin law allows legislators to receive free travel if it is for official business or educational purposes. Lawmakers from both parties have long taken advantage of that opportunity.
May 25, 2018 •
News You Can Use Digest – May 25, 2018
Federal: The Princes, the President and the Fortune Seekers Seattle Times – Desmond Butler and Tom LoBianco (Associated Press) | Published: 5/21/2018 Two Americans sought to leverage access to President Trump while angling for lucrative contracts from two Gulf countries […]
Federal:
The Princes, the President and the Fortune Seekers
Seattle Times – Desmond Butler and Tom LoBianco (Associated Press) | Published: 5/21/2018
Two Americans sought to leverage access to President Trump while angling for lucrative contracts from two Gulf countries wanting to shift U.S. foreign policy against Qatar. Republican fundraiser Elliott Broidy and businessperson George Nader reportedly worked to catch the president’s ear by passing along praise from the princes of the United Arab Emirates and Saudi Arabia. Broidy and Nader, who marketed themselves as having a back channel to the Oval Office, sought million-dollar contracts with the two Gulf countries for their efforts, according to the Associated Press investigation. The AP previously reported that Broidy and Nader sought to pass an anti-Qatar bill through Congress, while trying to hide their money trail related to such efforts. Nader is now reportedly cooperating with special counsel Robert Mueller’s team of investigators, who are said to be examining foreign influence inside the Trump White House.
Trump Violated the Constitution When He Blocked His Critics on Twitter, a Federal Judge Rules
Tampa Bay Times – Brian Fung and Hamza Shaban (Washington Post) | Published: 5/23/2018
U.S. District Court Judge Naomi Reice Buchwald ruled President Trump cannot block people from viewing his Twitter feed over their political views. Buchwald said the president’s Twitter account is a public forum and blocking people who reply to his tweets with differing opinions constitutes viewpoint discrimination, which violates the First Amendment. The government does not dispute that Trump blocked the Twitter users for political reasons, but the Justice Department had argued the president was largely acting in a personal capacity. Buchwald did not order Trump to unblock his followers, saying clarification of the law is sufficient to resolve the dispute. Should the president ignore the ruling, analysts say, future litigation could force Twitter to unblock Trump’s followers unilaterally.
Washington Lobbyists Put on Notice Over Foreign Agent Law
Associated Press – Chad Day and Eric Tucker | Published: 5/22/2018
The prosecution of a Pakistani man in Maryland reflects what current and former U.S. Justice Department officials say is an aggressive enforcement strategy against unregistered foreign agents that began even before special counsel Robert Mueller’s investigation exposed a shadowy world of international influence peddling. Officials say they are not interpreting any differently the little-known law called the Foreign Agents Registration Act, which requires people to disclose when they lobby in the U.S. on behalf of foreign governments or political entities. But they have been taking a more aggressive approach, asking more probing questions of people and firms they suspect need to register, requesting more documents, and conducting investigations with an eye toward bringing criminal charges when appropriate.
From the States and Municipalities:
Alabama: Reform Commission Begins Work on Alabama Ethics Law
AL.com – Mike Cason | Published: 5/17/2018
A committee created to propose changes to the law governing ethics for Alabama officials, public employees, lobbyists, and others is aiming to have a proposal ready in October, allowing time to fine tune it before the 2019 legislative session starts March 5. Deputy Attorney General Mike Duffy was the main author of an ethics bill that was introduced during the 2018 legislative session. Lawmakers decided to set it aside and created the Ethics Reform Commission with the goal of passing reforms next year. Duffy said meetings with people affected by the law helped identify areas of concern that were addressed in the bill, such as more clearly defining who is considered a “principal.”
Arizona: Array of Arizona Politicians, Lobbyists Connected to Bribery Case
Arizona Capitol Times – Katie Campbell | Published: 5/18/2018
The trial of a former regulator, a utility owner, and a lobbyist has tentacles that stretch to many others in Arizona’s political universe. Eighty-two prospective witnesses may be called to testify at the trial scheduled to begin May 30. Former Arizona Corporation Commissioner Gary Pierce and his wife, Sherry, along with lobbyist Jim Norton and Johnson Utilities owner George Johnson, face charges of felony conspiracy, bribery, and fraud. Barry Aarons, who has lobbied at the Legislature for 40 years, said the public is in for a bad impression of Arizona politics no matter the outcome of the trial. “It reinforces that sense people have that the whole thing is corrupt,” said Aarons.
Florida: Florida’s Porous Campaign Finance Laws: ‘You can do almost anything’
Tampa Bay Times – Gary Fineout (Associated Press) | Published: 5/21/2018
So far, at least $13 million has been spent on television ads in the Florida governor’s race that includes six candidates vying for the job that will be vacated by Rick Scott. Television ads are poised to play a crucial role in the race since polls continue to show a majority of the state’s voters do not really know the Republican or Democratic candidates vying to replace him. Some of the ads are being paid for by groups that insist they have no legal obligation to disclose who is paying for them. Other ads are being coordinated with campaigns relying on their own legal interpretation to sidestep laws and rules intended to place limits on ad campaigns being funded by large donors. Mark Herron, an election law attorney based in Tallahassee, said: “You can do almost anything in Florida if you put it in the right bucket.”
Florida: Want to Speak at a Miami Beach Meeting? For Business Owners, That Could Cost $850
Miami Herald – Kyra Gurney | Published: 5/24/2018
Businesses owners who want to speak to public officials in Miami Beach are required to register as lobbyists under Miami-Dade County law and the city charges lobbyists a $500 registration fee plus $350 for each issue on which they plan to lobby. Most cities waive lobbying fees for business owners speaking on their own behalf. While the Miami Beach fees might not be a problem for big businesses and the lobbying firms hired to represent them, they have deterred several “mom-and-pop” business owners from speaking at a city commission meeting.
Georgia: Stacey Abrams Wins Georgia Democratic Primary for Governor, Making History
MSN – Jonathan Martin and Alexander Burns (New York Times) | Published: 5/22/2018
Georgia gubernatorial candidate Stacey Abrams won the Democratic primary, bringing her a step closer to becoming the nation’s first African-American woman governor. By defeating Stacey Evans, Abrams also became the state’s first black nominee for governor. The general election is sure to draw national attention as voters determine whether a black woman can win in the Deep South, a region that has not had an African-American governor since Reconstruction. Abrams has signaled she is unlikely to spend much time persuading rural whites to return to a Democratic Party they have largely abandoned. She has embarked instead on a strategy of energizing a coalition of young and nonwhite Georgians who represent a growing share of the state’s population.
Louisiana: New Orleans City Council to Investigate Entergy for Paying Actors to Lobby for Power Plant
New Orleans Times-Picayune – Beau Evans | Published: 5/18/2018
In the wake of Entergy’s admission of waging an “astroturf” lobbying campaign leading up to the approval of a power plant in New Orleans, the city council will change public comment cards and introduce legislation to require lobbying groups register. Entergy conducted an internal investigation that found one of its contractors, Hawthorn Group, hired Crowds on Demand, which admitted to paying actors to testify in support of the power plant. The investigation also found Entergy’s contractors coordinated to have other people paid to sit in the audience of a council meeting to show support for the plant with handmade signs.
Maine: Legislative Typo Threatens to Undermine Clean Elections Campaigns
Lewiston Sun Journal – Kevin Miller (Portland Press Herald) | Published: 5/21/2018
Maine lawmakers left dozens of measures in limbo when they adjourned the 2018 legislative session. Advocates for the state’s public campaign finance system and a state ethics commission official warn that a little-noticed victim of the partisan rancor could have significant financial ramifications for the November 2018 elections. Lawmakers failed to pass a routine “errors and inconsistencies” bill to correct unintended budget language that prevents the ethics panel from disbursing additional money to clean elections candidates starting on July 1. As a result, more than 200 legislative candidates and potentially three gubernatorial campaigns will be unable to tap into at least $3 million, money that lawmakers already have budgeted for the public campaign finance system, in the final months of the election season.
Missouri: Missouri Lawmakers Can Keep Accepting Lobbyist Gifts After Failing to Pass Amendment
Kansas City Star – Allison Kite and Jason Hancock | Published: 5/18/2018
Missouri lawmakers can keep accepting free meals, drinks, and event tickets after the House defeated a proposed constitutional amendment. Sen. Jason Holsman had sought to ban lobbyist gifts and alter legislative term limits. The House brought up the proposal in the last hour of the legislative session only to move on moments later after some lawmakers tried to attach tried to attach amendments and sink the proposal. When the session ended, the proposal died.
Montana: Appeals Court Upholds Montana Campaign Finance Reform Law
Washington Times; Associated Press – | Published: 5/23/2018
A three-judge panel of the Ninth U.S. Circuit Court of Appeals said Montana’s 2015 law to increase campaign reporting and disclosure meets constitutional muster. A group called Montanans for Community Development was unwilling to register and disclose its donors and spending as required under the statute. The appeals panel called the group’s constitutional claims against the law “scattershot.” It also called the group’s argument “absurd” that the law’s requirement to file electronic campaign reports may be unconstitutional.
New York: From the E.R. to the Garden, M.T.A. Chief Holds Unusually Powerful Perch
New York Times – Brian Rosenthal | Published: 5/22/2018
New York Gov. Andrew Cuomo last June selected Joseph Lhota to head the Metropolitan Transit Authority (MTA). But Lhota would only agree to return to the position he held in 2012 on the condition that he could keep his full-time job as the chief of staff of one of the state’s biggest hospital networks, and also retain the prerogative to join any other paid board he wanted. While Lhota remains a respected official, his growing web of jobs has led to potential conflicts-of-interest and competition for his time, complicating the still-flailing effort to resuscitate a transit system used by millions of people every day. Nobody has ever led the MTA while balancing as many other leadership posts as Lhota.
Oklahoma: Many Felons Can’t Vote, But They Can Lobby at the Capitol
Oklahoma Watchdog – Paul Monies | Published: 5/16/2018
Questions have come up in recent years about who can be barred from becoming a registered lobbyist in Oklahoma and whether elected officials should be banned from accepting jobs as lobbyists shortly after leaving office. An Ethics Commission rule requiring a two-year waiting period before certain officials could become lobbyists was rejected by the Legislature this year, with some lawmakers saying it was unjust to deny people the freedom to seek private employment. The issue becomes trickier when it involves someone convicted of a felony. Nothing in state law or ethics rules prohibits lawmakers convicted of felonies from lobbying their former colleagues, but their ability to do so depends largely on prosecutors’ demands.
Pennsylvania: Pa. House GOP Leaders Planning to Impose Sanctions Against Rep. Nick Miccarelli
PennLive.com – Jan Murphy | Published: 5/17/2018
Pennsylvania House Republican leaders said they were moving to take away committee assignments from Rep. Nick Miccarelli, who is accused of abusing two women who dated him, including a fellow lawmaker who is now assigned a bodyguard while she is at the statehouse. The GOP leaders accused Miccarelli of repeatedly violating a caucus policy against retaliation, even after he was told several times about it. Rep. Tarah Toohil obtained a protective order against Miccarelli in March and House leaders provided her with a security escort when she is in the Capitol. The leaders said they also are moving Miccarelli’s desk on the chamber floor, so it will be farther from Toohil’s.
May 18, 2018 •
News You Can Use Digest – May 18, 2018
National: These Women Mostly Ignored Politics. Now, Activism Is Their Job. WRAL – Campbell Robertson (New York Times) | Published: 5/10/2018 Since retiring eight years ago as a high school French teacher, Kathy Rentz was content to spend her time […]
National:
These Women Mostly Ignored Politics. Now, Activism Is Their Job.
WRAL – Campbell Robertson (New York Times) | Published: 5/10/2018
Since retiring eight years ago as a high school French teacher, Kathy Rentz was content to spend her time gardening, knitting, and spoiling her grandchildren. Now she is the kind of person who writes “Not For Trump’s Golf Trips” across her federal tax return. The grassroots activism on the left has been powered to a large degree by college-educated women in midcareer or retirement. They often have no prior interest or experience in politics. But with the election of Donald Trump, they were aghast at how they felt the political system, which most had taken for granted to the point of indifference, had allowed things to fly so far off the rails.
Trump, Schneiderman, Greitens and the Changing Shape of Sex Scandals
Chicago Tribune – Marc Fisher (Washington Post) | Published: 5/13/2018
In politics, entertainment, sports, and other industries, the arc and impact of sex scandals are changing, and the difference centers on coercion and consent. Prominent cases have led the cultural wave, as allegations of abuse derailed the public careers of Bill Cosby, Harvey Weinstein, Charlie Rose, U.S. Senate candidate Roy Moore, and New York Attorney General Eric Schneiderman, who announced his resignation hours after he was accused of physically assaulting women. But even as politicians from both parties resign or pull away from re-election bids because of accusations they abused or coerced women, a two-year procession of allegations from women who accused President Trump of sexual improprieties has had no visible impact on his popularity.
Federal:
A Secret Mission, a Code Name and Anxiety: Inside the early days of the F.B.I.’s Trump investigation
Anchorage Daily News – Matt Apuzzo, Adam Goldman, and Nicholas Fandos (New York Times) | Published: 5/16/2018
Days after they closed their investigation into Hillary Clinton’s use of a private email server, the FBI began scrutinizing Donald Trump’s campaign. The two cases have become inextricably linked in one of the most consequential periods in the history of the bureau. The FBI sent a pair of agents in 2016 to meet the Australian ambassador to the United Kingdom, who had evidence one of Trump’s advisers, George Papadopoulos, knew in advance about Russian election meddling. The agents’ report on the interview helped provide the foundation for a case that became the special counsel investigation. But at the time, a small group of FBI officials knew it by its code name: Crossfire Hurricane.
Ethics Chief Knocks Trump Over Stormy Daniels Payment
Politico – Louis Nelson, Matthew Nussbaum, and Lorraine Woellert | Published: 5/16/2018
President Trump formally disclosed he paid his attorney as much as $250,000 as reimbursements for expenses, which included a payoff to adult film actress Stormy Daniels, who says she had a sexual encounter with Trump. The disclosure came in the president’s annual financial disclosure report to the Office of Government Ethics (OGE). Trump said he was listing the reimbursements to Michael Cohen “in the interest of transparency,” even though he was not required to disclose them. OGE Director David Apol questioned why Trump did not include this in his previous year’s disclosure and passed along his concerns to federal prosecutors. “I am providing both reports to you because you may find the disclosure relevant to any inquiry you may be pursuing,” Apol wrote to Deputy Attorney General Rod Rosenstein.
FEC Allows Candidate to Use Campaign Funds for Child Care
The Hill – Aris Folley | Published: 5/10/2018
The FEC ruled a candidate can use campaign funds to pay for child care. Liuba Grechen Shirley had petitioned the FEC for permission to pay her babysitter out of money donated to her campaign. Grechen Shirley, who previously cared for her children full time, argued she needed the sitter only for her bid for office and that the payment therefore constituted a campaign expense. The FEC noted Grechen Shirley’s child care needs were a direct result of her run for Congress and essential to her continuing a bid. Therefore, the spending would not be considered a violation of rules that prohibit personal spending.
Thousands of Pages of Congressional Testimony Shed Light on 2016 Trump Tower Meeting
MSN – Rosalind Helderman and Karoun Demirjian (Washington Post) | Published: 5/16/2018
Thousands of pages of interview transcripts released by the Senate Judiciary Committee offer the most detailed account to date of the June 2016 meeting at Trump Tower between Donald Trump Jr. and a Russian lawyer who has admitted to being an “informant” to Moscow. The documents show a constellation of efforts over several years by two powerful Russian real estate developers, Aras and Emin Agalarov, to arrange meetings and provide assistance to Donald Trump. The efforts culminated in setting up the meeting with Trump Jr. on the promise to the president’s eldest son that it would deliver political dirt on Hillary Clinton. While the documents reveal the willingness of the Trump campaign to accept the Agalarovs’ help when it was convenient, they do not show the extent to which the president was aware of the meeting’s stated purpose.
From the States and Municipalities:
Alaska: Legislature Will Boot Ballot Measure If Governor Signs ‘Government Accountability’ Bill
Juneau Empire – James Brooks | Published: 5/14/2018
If signed into law by Alaska Gov. Bill Walker, House Bill 44 will prohibit lawmakers from accepting per diem after Day 121 of the legislative session if a budget has not been approved. Lawmakers will also be required to disclose financial conflicts-of-interest in committee, not just on the floor, and lobbyists will be further restricted from providing meals and drinks to legislators. Amendments to the legislation make it “substantially similar” to an ethics reform ballot measure. Under the Alaska Constitution, an initiative may be removed from the ballot if the Legislature passes a bill that is “substantially the same” as the initiative.
Arizona: Arizona Lawsuit Says Measure Undermines Clean Elections
KNAU; Associated Press – | Published: 5/16/2018
A lawsuit claims a ballot referendum eviscerates the authority of the state’s Citizens Clean Elections Commission. The agency administers public financing of elections. A ballot referendum that passed earlier this year would ask voters if they want to put the commission’s rulemakings under the oversight of the Governor’s Regulatory Review Council, which is staffed by gubernatorial appointees. The suit says the commission has independent rulemaking authority by design, since it regulates politicians.
Arkansas: Arkansas Judge Who Blocked TV Ads Removing Himself from Case
Sacramento Bee – Andrew DeMillo (Associated Press) | Published: 5/16/2018
Washington County Circuit Court Judge Doug Martin, who ordered that negative political ads against Arkansas Supreme Court Justice Courtney Goodson be pulled off the airwaves recused himself from further involvement in the case. The temporary restraining order by Martin still stands, however. Martin had reported receiving income through his wife from the law firm of Goodson’s husband. Justice Goodson is fighting a legal battle in Arkansas’ largest media markets against what she says are “defamatory” ads being run by an out-of-state group that does not disclose its donors.
Florida: It Was Supposed to Show Who Profited from Public Money. But the Rule Wasn’t Enforced
Miami Herald – Elizabeth Koh | Published: 5/10/2018
Records show despite an ethics rule that requires lobbyists for taxpayer-funded entities to submit lobbying contracts to the Florida House, the rule has not been enforced. The House’s much vaunted web page was not updated for a year and some lobbyists neglected for months to comply with the required disclosures. Today, the web page still includes outdated data on lobbying expenditures made by local governments and remains incomplete. At one point, the backlog left hundreds of documents off the books in the last two years.
Maryland: Mayor Pugh Seeks Broad Ethics Exemption to Raise Private Money to Fund Baltimore Programs
Baltimore Sun – Ian Duncan | Published: 5/15/2018
Baltimore Mayor Catherine Pugh wants to be exempted from city ethics rules that require officials to obtain approvals before soliciting private funds for community programs and events. Calling Baltimore “a poor city,” City Solicitor Andre Davis questioned the constraints on the mayor’s ability to solicit monetary assistance. The ethics rules are designed to ensure transparency around gifts and charitable support that officials receive from individuals and businesses they may wield influence over in the course of their duties. In addition to seeking approval up front, officials are required to submit reports detailing fundraising activities.
Missouri: Case Against Greitens Is Dropped, for Now. Legislative Leaders Say Nothing’s Changed
Kansas City Star – Bryan Lowry, Jason Hancock, Kelsey Landis, Allison Kite, and Steve Vockrodt | Published: 5/14/2018
Prosecutors dropped an invasion-of-privacy charge against Missouri Gov. Eric Greitens but still hope to pursue a case against him for allegedly taking a revealing photograph of a woman with whom he was having an affair. The move came after the judge granted a request by Greitens’ lawyers to call the case’s prosecutor, Kim Gardner, as a witness for the defense. The defense team has criticized Gardner’s handling of the case. “The court’s order places the circuit attorney in the impossible position of being a witness, subject to cross-examination, [including by her own subordinates],” a Gardner spokesperson said. Greitens remains charged for allegedly using a donor list from a charity in his gubernatorial campaign. The Legislature will convene a special session to consider whether to initiate impeachment proceedings against Greitens.
Missouri: Donors Behind Political Cash Cannot Be Concealed, Ethics Watchdog Says
St. Louis Post-Dispatch – Sky Chadde | Published: 5/10/2018
The Missouri Ethics Commission issued an advisory opinion stating nonprofits that contribute to campaigns cannot conceal the identities of their donors. The opinion targets so-called dark money groups, who do not have to disclose their donors, making the origin of the funds nearly impossible to determine. Their use has increased in recent years and one prominent organization that has employed the tactic is A New Missouri, a nonprofit created to promote Gov. Eric Greitens’ agenda.
New York: Jury Finds Silver Guilty
Albany Times Union – Benjamin Weiser (New York Times) | Published: 5/11/2018
For a second time, a jury convicted former New York Assembly Speaker Sheldon Silver on corruption charges. Prosecutors accused him of a scheme in which a physician referred possible asbestos lawsuit plaintiffs to him in exchange for $500,000 in state grants. Silver passed on the clients to a law firm, which paid him more than $3 million in referral fees. He was also convicted of accepting $700,000 in fees from a real estate law firm after he steered business to the firm from two developers who benefited from his activities at the statehouse. Silver’s initial conviction was among a number of cases that were overturned after the U.S. Supreme Court narrowed the activity that could constitute corruption.
Oklahoma: Oklahoma Ethics Commission Votes to Sue Over Budget
The Oklahoman – Nolan Clay | Published: 5/12/2018
Unhappy with its appropriation, the Oklahoma Ethics Commission voted to pursue a lawsuit over the matter. Commission Executive Director Ashley Kemp would not say if the suit was related to concerns over funding or who would be named as defendant. But the commission has been vocal about its dissatisfaction on how the Legislature handled its funding. Kemp said the agency was upset about its appropriation. The Legislature swept the agency’s revolving funds, which include fees assessed by the commission, rather than making an appropriation from the general revenue fund.
May 11, 2018 •
News You Can Use Digest – May 11, 2018
National: Tough Choices, and Criticism, for Emily’s List as Democratic Women Flood Primaries New York Times – Sheryl Gay Stolberg | Published: 5/4/2018 Crowded Democratic primaries, many involving two or more women, have forced Emily’s List, one of the nation’s […]
National:
Tough Choices, and Criticism, for Emily’s List as Democratic Women Flood Primaries
New York Times – Sheryl Gay Stolberg | Published: 5/4/2018
Crowded Democratic primaries, many involving two or more women, have forced Emily’s List, one of the nation’s most powerful PACs, to make difficult choices that have spawned resentment around the nation. For Democratic women, no endorsement is as sought after or powerful as one conferred by Emily’s List, which functions as the political equivalent of the old-fashioned “Good Housekeeping” seal of approval for voters and potential donors. And Emily’s List has bold ambitions this year; its president, Stephanie Schriock, says her aim is to deliver the House to Democrats. So, its endorsement decisions are drawing scrutiny.
Federal:
EPA Pesticide Settlement Comes Under Scrutiny
The Hill – Megan Wilson | Published: 5/8/2018
The Environmental Protection Agency’s (EPA) decision to scale back a pesticide fine on Syngenta has raised eyebrows, highlighting the ethical land mines facing an administration filled with former lobbyist and business executives. Critics noted that Jeff Sands, who was a top EPA agricultural adviser at the time of the settlement, was previously a lobbyist for Syngenta. Sands said he was not involved in the decision to reduce the fine, and there is no evidence he worked on the settlement. Still, ethics experts said Sands’ connection to Syngenta illustrates the difficulties that arise from having so many former lobbyists serving in key positions.
‘I’m Crushing It’: How Michael Cohen, touting his access to President Trump, convinced companies to pay millions
MSN – Michael Kranish, Rosalind Helderman, Carolyn Johnson, and Josh Dawsey (Washington Post) | Published: 5/9/2018
New information shows how Michael Cohen quickly leveraged his role as President Trump’s personal attorney, developing a lucrative sideline as a consultant to companies eager for insight into how to navigate the new administration. The rapid flow of millions of dollars to Cohen shows the rush by corporations – unable to rely on the influence of K Street in dealing with a new, outsider president – to lock in relationships with Trump’s inner circle. Selling access is common in Washington, D.C., but investigators could probe whether Cohen promised specific government actions in exchange for payments, which could cause him legal trouble. If he spent large amounts of time speaking to government officials on behalf of clients, investigators could also explore whether he should have registered as a lobbyist.
Russia’s 2016 Facebook Strategy Exposed in Trove of 3,500 Ads
Bloomberg.com – Anna Edgerton and Sarah Frier | Published: 5/10/2018
Democrats on the U.S. House Intelligence Committee released thousands of copies of Kremlin-linked Facebook advertisements used during the 2016 presidential election, a data dump that provides a greater understanding of a Russian company’s disinformation campaign across social media. The lawmakers released more than 3,500 Facebook ads purchased by the Internet Research Agency (IRA), a Russian firm with ties to the Kremlin. Over 11.4 million American users were exposed to these ads between 2015 and 2017. Special counsel Robert Mueller charged 13 Russian individuals and three Russian groups earlier this year for engaging in “information warfare” during the election, alleging they had used social media and other sophisticated measures to sow discord in the U.S.
‘Scam PACs’ Rake in Millions Under Guise of Charity
Politico – Maggie Severns and Scott Bland | Published: 5/6/2018
Some new PACs have feel-good names like Cops and Kids Together and Americans for the Cure of Breast Cancer. They have succeeded in raising millions of dollars from small donors in a matter of months, and spent most of it just as quickly, without supporting candidates or making a mark on a policy issue. Their activities show political groups often receive less oversight and get more leeway than charities, even though they have to disclose more details about their donations and spending. The FEC has said it is all but powerless to crack down on these so-called scam PACs.
Trump’s Appointees Pledged Not to Lobby After They Leave. Now They’re lobbying.
ProPublica – Derek Kravitz and Alex Mierjeski | Published: 5/3/2018
Days after taking office, President Trump signed an executive order requiring every political appointee to sign a pledge as a condition of taking office, agreeing not to lobby the agencies they had worked in for five years after they left government service. Nor would they lobby anyone in the White House or appointees across federal agencies for the duration of the administration. But at least eight former Trump officials have found ways around the pledge. ProPublica identified at least 184 people who have left the Trump administration. Of those, at least six former officials are now registered lobbyists and several others work at firms in roles that resemble lobbying in all but name.
From the States and Municipalities:
California: An Urgent Debate for California Republicans: How to get back in the game
New York Times – Adam Nagourney | Published: 5/6/2018
There may be no Republican candidate for governor or U.S. senator on the ballot this November in California. That dispiriting possibility is beginning to sink in for Republicans, against the backdrop of a divisive debate among its candidates and leaders on how the embattled party can become competitive again in a state where Ronald Reagan was elected twice as governor. It is no secret the GOP has been in a decline for 20 years in the state. Its challenges have been aggravated by the election of President Trump, as he has pushed tougher policies on such issues as immigration and the environment, running up against strong and often bipartisan sentiment in California. A field of Republican candidates for the U.S. Senate and governor is struggling against these headwinds as they seek to end a more than 10-year drought and elect a party member to statewide office.
Florida: Fox News Plays Kingmaker in Florida Governor’s Race
Politico – Matt Dixon | Published: 5/8/2018
Florida Republican primary voters are largely unfamiliar with U.S. Rep. Ron DeSantis. Fox News is helping to change that. The little-known Republican, a vigorous defender of President Trump, is building a campaign around the president’s endorsement and a seemingly endless series of appearances on a news network favored by conservatives, an approach that has taken him from an asterisk in the polls to a top contender for the governorship in the nation’s largest swing state. TV Eyes, a television monitoring service, estimates those appearances equate to $7.1 million in what it calls “national publicity value” – a number that is likely smaller since the value only applies to Florida-specific exposure, but still represents a significant amount.
Hawaii: Why No One Wants to Blow the Whistle on Sexual Misconduct
Honolulu Civil Beat – Anita Hofschneider | Published: 5/3/2018
The recent resignation of a top Hawaii lawmaker who admitted to repeated sexual harassment only scratches the surface of a much deeper problem at the State Capitol, where the local tendency to “no talk stink” is compounded by fear of retaliation from people in power. The result – according to more than a dozen current and former lobbyists, staffers, and lawmakers – is a pervasive culture of silence around issues of sexual harassment. The difficulty speaking up is compounded by policies that discourage victims from filing complaints. Lawmakers are not planning to change these policies until at least next year, citing the need to do more research about the best way to improve them.
Missouri: County Council to Ask Voters to Restrict Campaign Donations
St. Louis Public Radio – Jo Mannies | Published: 5/9/2018
The St. Louis County Council approved a proposal to ask county voters on August 7 to set a $2,600 contribution limit for any county office and restrict contributions from entities bidding on county contracts. The ballot measure was aimed at county Executive Steve Stenger, who has repeatedly faced accusations during his term that donors to his campaign get favorable treatment by his administration. The ballot proposal also would restrict donations when the council is considering contracts.
Missouri: Missouri Lawmakers Agree to Call Special Session to Consider Greitens’ Impeachment
Kansas City Star – Allison Kirte, Jason Hancock, and Bryan Lowry | Published: 5/3/2018
The Missouri General Assembly has taken the historic step of calling itself back into special session to decide whether to impeach Gov. Eric Greitens. The announcement comes as Greitens faces widespread calls to step down amid criminal charges. The governor faces a trial on a felony invasion-of-privacy charge for allegedly taking an unauthorized, nude photograph of a blindfolded woman with whom he was having an extramarital affair. Greitens was also charged with computer tampering stemming from allegations he used a veterans’ charity donor list to raise funds for his 2016 campaign for governor without the permission of the group, which he founded. The special session is set to begin on May 18, just days after the start of the governor’s criminal trial, and will last no more than 30 days.
New York: Eric Schneiderman, Accused by 4 Women, Quits as New York Attorney General
MSN – Danny Hakim and Vivian Wang (New York Times) | Published: 5/7/2018
New York Attorney General Eric Schneiderman resigned, stepping down hours after it was reported that four women accused him of physically assaulting them. The women said Schneiderman choked and repeatedly slapped them. Two of the women, Michelle Manning Barish and Tanya Selvaratnam, described patterns of emotional as well as physical abuse. Selvaratnam said Schneiderman warned her he could have her followed and her phones tapped. Both women said he threatened to kill them if they ended their relationships with him. Schneiderman denied abusing the women. For several years, his office has published a “Know Your Rights” brochure for victims of domestic violence.
New York: Furthering Split from Cuomo, Senate Passes Reform Bills
Gotham Gazette – Samar Khurshid | Published: 5/10/2018
The Republican-controlled New York Senate passed an extensive package of reforms, including bills that would increase oversight over state-funded economic development programs, prevent conflicts-of-interest, and improve transparency. In a rare gesture of bipartisanship, Senate Democrats volunteered to move many of the long-stalled bills from the Rules Committee to the floor. Taking aim at the governor’s office, one of the bills would prohibit executive agency appointees and members of their households from making campaign contributions to, or soliciting them for, the same executive who appointed them. Several of the bills have companion legislation in the Assembly and some have even been approved by that chamber. But it is unclear how the Assembly will vote on the entire package.
Ohio: Ohio Votes to Reform Congressional Redistricting; Issue 1 Could End Gerrymandering
Cleveland Plain Dealer – Rich Exner | Published: 5/8/2018
Ohio voters overwhelmingly approved a ballot measure that will reform the state’s redistricting process. The measure asked voters whether they wanted to amend the state constitution to require bipartisan support when drawing new congressional district lines. Any new maps would require three-fifths support in the state House and Senate, including support from at least half the members of the minority party. If Republicans and Democrats in the Legislature cannot agree on a map, a bipartisan commission would be assigned to draw new maps. Those maps would have to be approved with at least two votes from the minority party. If the bipartisan commission fails, the Legislature would be allowed to try to draw maps that earn support from one-third of the minority party or a four-year map with only majority support.
Oklahoma: Pruitt’s Coziness with Lobbyists Includes Secretly Buying a House with One
MSN – Hiroko Tabuchi and Steve Eder (New York Times) | Published: 5/3/2018
Environmental Protection Agency (EPA) Administrator Scott Pruitt once purchased a house from a top lobbyist in Oklahoma with the help of a shell company. Two business associates involved in the 2003 purchase are now aides to Pruitt at the EPA: Kenneth Wagner is a senior adviser, and Albert Kelly runs the agency’s effort to redesign the Superfund program. According to The New York Times, the home, which was seen as a prime property because of its proximity to the Capitol, was purchased for $375,000 from a retiring telecommunications lobbyist. But that price was $100,000 less than the lobbyist, Marsha Lindsey, had paid for it just a year before. The shortfall was picked up by Lindsey’s company, SBC Oklahoma.
May 4, 2018 •
News You Can Use Digest – May 4, 2017
National: Crimes Are No Longer a Disqualification for Republican Candidates San Francisco Chronicle – Michael Scherer (Washington Post) | Published: 5/1/2018 Criminal convictions, once seen as career-enders, are no longer disqualifying in the world of Republican politics. In the era […]
National:
Crimes Are No Longer a Disqualification for Republican Candidates
San Francisco Chronicle – Michael Scherer (Washington Post) | Published: 5/1/2018
Criminal convictions, once seen as career-enders, are no longer disqualifying in the world of Republican politics. In the era of President Trump, even time spent in prison can be turned into a positive talking point, demonstrating a candidate’s battle scars in a broader fight against what he perceives as liberal corruption. Trump has attacked some branches of law enforcement, especially those pursuing white-collar malfeasance, as his allies and former campaign officials are ensnared in various investigations. Following his lead, Republican Senate candidates with criminal convictions in West Virginia and Arizona have cast themselves as victims of the Obama administration’s legal overreach.
Federal:
Democratic Sen. Robert Menendez Is ‘Severely Admonished’ by Ethics Committee, Ordered to Repay Gifts
Chicago Tribune – Mike DeBonis (Washington Post) | Published: 4/26/2018
The Senate Ethics Committee “severely admonished” U.S. Sen. Robert Menendez for accepting gifts from a wealthy physician while using his position as a senator to promote the doctor’s personal and financial interests. It also ordered Menendez to repay the market value of all improper gifts he has not already repaid. The admonition stems from the same actions for which Menendez was indicted. His trial ended with a deadlocked jury and the federal government decided not to retry Menendez. In its letter of admonition, the Ethics Committee acknowledged the lack of a conviction at trial, but wrote, “The criminal system … neither enforces nor supplants the Senate’s rules or standards of conduct ….”
Giuliani: Trump repaid attorney Cohen for Stormy Daniels settlement
MSN – Devlin Barrett, Robert Costa, and Josh Dawsey (Washington Post) | Published: 5/2/2018
Former New York City Mayor Rudy Giuliani said President Trump reimbursed his personal attorney Michael Cohen the $130,000 paid to adult-film actress Stormy Daniels to stay quiet about their alleged affair before the 2016 election. The comments by Giuliani, who recently joined Trump’s legal team, contradicted a previous statement by the president, who has said he did not know about the payment. Giuliani said Trump had repaid Cohen over a series of months, and the repayments were to ensure there was no campaign finance violation. Giuliani’s comments are also in direct contrast to what Cohen has been saying for months – that he used his own money to pay Daniels.
Lobbyist Helped Broker Scott Pruitt’s $100,000 Trip to Morocco
Los Angeles Times – Kevin Sullivan, Juliet Eilperin, and Brady Dennis (Washington Post) | Published: 5/1/2018
Environmental Protection Agency Administrator Scott Pruitt is facing new criticism after it was revealed his controversial trip to Morocco was partially arranged by a lobbyist and cost $100,000, more than double what was previously reported. Richard Smotkin, a former Comcast lobbyist who is a longtime friend of Pruitt, accompanied him on the trip and served as a liaison. Smotkin’s role in the trip is unusual and could pose more problems for Pruitt since federal laws prohibit public officials from using government resources to financially benefit friends or relatives. Months after the visit, Smotkin registered as a foreign agent representing the Moroccan government after taking a contract with the country.
From the States and Municipalities:
Arkansas: Wilkins, Former Arkansas Legislator, Pleads Guilty to Bribery
Arkansas Business – Jan Cottingham | Published: 4/30/2018
Former Arkansas lawmaker Henry Wilkins pleaded guilty to accepting over $80,000 in bribes. Wilkins admitted that from 2010 to 2014, he accepted bribes from lobbyists and non-profit organizations. In exchange for the cash, Wilkins said he fixed shell bills, sponsored full bills, and voted for legislation. About $245,000 from Arkansas’ General Improvement funds were steered towards entities that funneled bribes to Wilkins through his church, where he served as pastor, the Justice Department said.
District of Columbia: Anti-Semitic Conspiracy Theories Roil DC City Government
Associated Press – Ashraf Khalili | Published: 5/2/2018
A spiraling controversy over anti-Semitic comments and conspiracy theories has roiled the government in the District of Columbia, seemingly getting worse with every public attempt to ease the tensions. The issue nearly derailed a city council meeting and resulted in the resignation of a city official who organized a disastrous “unity rally” that featured a speaker who called all Jewish people “termites.” Councilperson Trayon White ignited a firestorm by posting a short video on his Facebook page claiming an unexpected snowfall was because of “the Rothschilds controlling the climate to create natural disasters.”
Georgia: Georgia Governor Candidate Aims Gun at Teen in Campaign Ad. ‘Get Over It,’ He Tells Critics.
Chicago Tribune – Samantha Schmidt (Washington Post) | Published: 5/2/2018
A commercial for a Republican candidate in Georgia’s gubernatorial race, which features the politician holding a shotgun while seated next to a teenage boy, is drawing condemnation for what critics see as a casual attitude toward gun violence. In the ad, Georgia Secretary of State Brian Kemp sits with a double-barrel shotgun, which he appears to be cleaning as he holds it across his lap with the action open. Seated next to Kemp is “Jake,” a young man interested in one of Kemp’s daughter’s. Kemp asks Jake the two keys to dating one of his daughters. “Respect, and a healthy appreciation for the Second Amendment,” Jake responds as Kemp pops the break-action closed with a click.
Massachusetts: Massachusetts Sen. Stan Rosenberg Resigns After Ethics Report Says He Failed to Protect State Senate from His Husband Bryon Hefner
MassLive.com – Gintautas Dumcius and Shira Schoenberg | Published: 5/3/2018
Massachusetts Sen. Stan Rosenberg will resign after a report said he failed to protect the Senate from his husband, Bryon Hefner, who has been accused of sexual misconduct. Rosenberg stepped down as Senate president when the allegations first surfaced. Investigators concluded Rosenberg showed “significant failure of judgment and leadership,” and knew or should have known that his now-estranged husband was “disruptive, volatile and abusive,” and had racially or sexually harassed employees of the Senate. The report did not accuse Rosenberg of breaking any chamber rules, though it did say he violated policy by giving Hefner access to his Senate email account despite a promise to his colleagues he would build a “firewall” between his personal and professional life.
Michigan: Michigan Lawmakers Voted on Bills Even After Admitting Conflicts of Interest
Center for Public Integrity – Kristian Hernandez | Published: 4/24/2018
A Center for Public Integrity analysis found seven Michigan legislators who voted on bills even when they publicly noted their own conflicts-of-interest in the matters. Currently, the penalties for voting when a conflict exists are modest., and seemingly unused. But a new bill introduced this session would make voting on such conflicts-of-interest a felony punishable by a fine of up to $5,000 and as much as four years in prison, which would make Michigan stricter than some states. But some officials say conflicts-of-interest are not a concern to their constituents, and the efforts to regulate them are just a ploy used for political attacks. Other officials and watchdogs say the measure falls short in fixing the transparency and accountability issues.
Minnesota: Allegations Against Minnesota Rep. Rod Hamilton Pose Big Test for New House Sexual Harassment Policy
Minnesota Post – Brianna Bierschbach | Published: 4/27/2018
Within 24 hours of Minnesota lawmakers adopting major changes to the House’s internal sexual harassment policy, that new policy is facing a big test as a woman filed a police report accusing state Rep. Rod Hamilton of sexual assault. Hamilton allegedly invited the woman back to his apartment near the Capitol during a snowstorm and “stroked her hair, traced her ear with his finger, kissed her cheek and held her hands and hugged her.” The woman first met Hamilton through her work advocating for sexual assault victims in Minnesota. Hamilton’s case deals with the question of how the chamber will handle an incident that involves a third party: someone who does not directly work for the House and Senate.
Montana: En Banc 9th Circuit Stays Out of War on Montana Campaign Caps
Coiurthouse News Service – John Parton | Published: 5/2/2018
Montana’s campaign contribution limits will stay in place for the June 5 primary elections after a federal appeals court decided against revisiting the issue. The Ninth U.S. Circuit Court of Appeals said it would not reconsider its October ruling upholding the contribution limits for state races. The decision is part of a long-running lawsuit over claims that Montana’s limits are so low that they restrict donors’ free-speech rights. The Ninth Circuit ruled he limits prevent corruption or the appearance of corruption.
North Carolina: Steak Dinners, Travel, HOA Fees: How some NC legislators spend campaign donors’ money
Charlotte Observer – Will Doran and Lynn Bonner | Published: 4/25/2018
State campaign finance law allows North Carolina legislators to use donations to pay expenses that come along with being a lawmaker. They can use campaign contributions for housing, travel, and other expenses associated with working as lawmakers and spending part of the week in Raleigh. Spending on suits and other personal items is allowed for legislators who would otherwise have no need for them. Bob Phillips, executive director of Common Cause North Carolina, said it is up to each state candidate to determine whether spending from campaign accounts on personal items could withstand scrutiny from constituents. Use of campaign funds for living expenses points to the inadequacy of legislator pay, Phillips said.
Oklahoma: Chairman of Oklahoma Ethics Commission Accuses Legislators of Retaliation
The Oklahoman – Nolan Clay | Published: 5/1/2018
Oklahoma Ethics Commission Chairperson John Hawkins accused legislators of retaliating against the agency by illegally cutting its budget. Hawkins said lawmakers took the action because of new restrictions imposed on gift-getting and on becoming a lobbyist after leaving office. The commission is not getting any money next fiscal year from the state’s general revenue fund. Instead it is being required to use $710,351 from a fund made up of fees collected from lobbyists, candidates, political parties, and PACs. The commission is meeting May 11 and may decide to file a legal challenge. It contends the state constitution requires the Legislature to appropriate funds to the agency.
South Carolina: South Carolina Lawmakers Getting Help on Following State Ethics Laws
Charleston Post and Courier – Seanna Adcox (Associated Press) | Published: 4/28/2018
While the House Ethics Committee has issued official opinions since its creation in 1991, the questions have skyrocketed in the last few years as South Carolina legislators sought to avoid their colleagues’ fate in an ongoing probe into statehouse corruption. Auditing by a firm newly hired in 2016 also helps ensure House members are following the ethics laws that many of them helped craft. Ethics Committee Chairperson Mike Pitts insists his efforts have nothing to do with the corruption probe. He said he does want to help legislators clear up mistakes on their campaign disclosure reports “that could be troublesome.”
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
April 27, 2018 •
News You Can Use Digest – April 27th, 2018
National: For Politicians Scraping Bottom, a Scarce Resource: Impeachment Lawyers New York Times – Alan Blinder | Published: 4/22/2018 There are only a handful of lawyers who have helped shepherd governors and lawmakers through the trauma of a possible impeachment. […]
National:
For Politicians Scraping Bottom, a Scarce Resource: Impeachment Lawyers
New York Times – Alan Blinder | Published: 4/22/2018
There are only a handful of lawyers who have helped shepherd governors and lawmakers through the trauma of a possible impeachment. Despite the high stake, the nation’s statehouse impeachment bar is made of up just a few battle-tested lawyers who have improvised legal strategies largely on history and hunches. An impeachment, lawyers who have worked on such proceedings around the country agree, is a political process imbued with law, where electoral rivalries and ambitions uncomfortably share the stage with talk of traditions and procedures. Ross Garber, after representing besieged governors in Alabama, Connecticut, and South Carolina, has arguably become the nation’s leading practitioner of a subspecialty whose relevance can be a barometer of political rancor.
Federal:
Lobbyist Whose Wife Rented to Pruitt Lobbied EPA Despite Denials
Politico – Theodoric Meyer and Eliana Johnson | Published: 4/20/2018
The lobbyist whose wife rented Environmental Protection Agency (EPA) Administrator Scott Pruitt a room in a Capitol Hill condominium for $50 a night helped arrange a meeting at the agency related to restoration of the Chesapeake Bay. Dennis Treacy, a former Smithfield Foods executive who now sits on the board of the Smithfield Foundation, first reached out to an official in EPA’s Office of Intergovernmental Relations to arrange the session as part of his role as the Chesapeake Bay Commission’s citizen representative. Subsequently, Williams & Jensen Chairperson J. Steven Hart – whose wife was then renting a room to Pruitt – called the administrator’s aides to encourage them to take the meeting. Hart has said he is resigning from the firm over the matter.
Mulvaney Backlash May Drive Political Money Changes
Roll Call – Kate Ackley | Published: 4/26/2018
Mick Mulvaney, the White House budget chief and interim director of the Consumer Financial Protection Bureau, told banking executives that as a member of Congress he always met with constituents, but never out-of-town lobbyists unless they gave him campaign money – part of an exhortation to the bankers to push their agenda on Capitol Hill. “If you’re a lobbyist who never gave us money, I didn’t talk to you; if you’re a lobbyist who gave us money, I might talk to you,” Mulvaney said at an American Bankers Association conference. Campaign finance watchdogs and their allied lawmakers are seizing on the dustup to advance both long-shot legislative changes as well as voluntary ones, such as lawmakers refusing donations from PACs or registered lobbyists.
From the States and Municipalities:
California: O.C. Anti-Corruption Task Force Collapsed Amid Infighting Between Federal and Local Investigators
Los Angeles Times – Adam Elmahrek and Richard Winton | Published: 4/17/2018
In the wake of a grand jury report declaring that misconduct was “actively festering” in local government, Orange County created a corruption task force. But nearly four years after it began, the operation quietly fell apart last year amid conflicts between local and federal investigators who had little to show for their work together, according to a Los Angeles Times investigation. Sources said federal agents harbored suspicions about supervisors in the district attorney’s office seeking information about separate FBI corruption probes. And officials clashed over separate inquiries into the mayor of Santa Ana. The end of the task force marks the latest setback in a county where attempts to target corruption have often run into apathy or outright resistance from political leaders.
Colorado: U.S. Rep. Doug Lamborn Should Be Kept Off the 2018 Ballot, Colorado Supreme Court Rules
Denver Post – Jesse Paul, Mark Matthews, and John Frank | Published: 4/23/2018
The Colorado Supreme Court ruled U.S. Rep. Doug Lamborn cannot appear on the ballot in the 2018 Republican primary. The justices said Ryan Tipple, one of the petitioners Lamborn hired to collect the required signatures to qualify, was not a bona fide resident of Colorado, which is required by election law, making the signatures invalid. “We recognize the gravity of this conclusion, but Colorado law does not permit us to conclude otherwise,” the court said. Lamborn’s campaign indicated he would challenge the ruling in federal court.
Maryland: Baltimore City Council Bill Would Tighten Restrictions on Lobbyists, Require Forms Go Online
Baltimore Sun – Luke Broadwater | Published: 4/23/2018
Baltimore City Councilperson Zeke Cohen introduced a bill that would tighten restrictions on lobbyists. The Transparency in Lobbying Act would require lobbyists to identify who they are to city government officials and file quarterly disclosure reports. It also would require the ethics board to post the disclosure reports online within 30 days of their filing and consider a three-year ban for lobbyists who violate the law. Cohen said he has experienced frustration trying to figure out whom the lobbyists approaching him represent.
Michigan: Trash Titan Chuck Rizzo Gets 5½ Years: ‘I’ve let many people down’
Detroit Free Press – Tresa Baldas | Published: 4/23/2018
Fallen trash mogul Chuck Rizzo will spend 66 months in prison for bribing politicians and stealing money from the garbage-hauling firm he built into a regional powerhouse. Rizzo is one of the central figures in a widespread corruption scandal that ensnared Macomb County politicians, fellow businessperson Gasper Fiore, and Detroit police officers. Prosecutors said Rizzo bribed public officials in at least four communities to win lucrative contracts and embezzled $900,000 from his company and investors to line his own pockets.
Missouri: Greitens Charged with Second Felony After AG Investigation into Veterans Charity
Kansas City Star – Jason Hancock, Allison Kite, and Bryan Lowry | Published: 4/20/2018
Missouri Gov. Eric Greitens was indicted for illegally obtaining a donor list from a veterans charity he founded and using it to raise money for his 2016 campaign, a new blow to Greitens in a deepening political and sex scandal that has threatened his grip on the governor’s office. He was charged with one felony count of tampering with computer data in connection with the donor list. The charge dates back to actions prosecutors say took place in April 2015, when Greitens, a former Navy SEAL, was running for governor and serving on the board of directors for The Mission Continues. According to the charging document, Greitens directed an employee of the charity to take a list of donors from The Missouri Continues.
New Jersey: Video Shows Port Authority Commissioner Telling Cops: ‘You may shut the f— up!’
Newark Star-Ledger – Ted Sherman (NJ Advance Media) | Published: 4/24/2018
A Port Authority of New York and New Jersey commissioner who abruptly resigned had been caught on camera delivering an expletive-laced tirade to police officers during a traffic stop. The Tenafly Police Department released the video showing Caren Turner attempting to leverage her influence, talking about who she knew, and complaining the police had “ruined” a holiday weekend with the stop of her daughter and three friends. The video also shows her becoming increasingly agitated with the responding officers and shouting an expletive at them. Turner resigned after the authority learned of the incident. She had chaired the agency’s ethics committee.
New York: Former de Blasio Fundraiser Facing Criminal Charges for Straw Donations in 2013 Mayoral Election
New York Daily News – Molly Newman, Shayna Jacobs, and James Fanelli | Published: 4/19/2018
Thirteen suspects and nine companies, including a major donor to New York City Mayor Bill de Blaio, were accused of rigging public works contracts and abusing the campaign finance system. Husam Ahmad, the founder of construction firm HAKS, was one of several figures linked to the company accused of paying off a Department of Environmental Protection employee to gain unfair access to information about city water system projects. Ahmad was a major contributor and fundraiser for de Blasio’s 2013 campaign and was in turn appointed to the board of the Mayor’s Fund to Advance New York City.
New York: JCOPE Passes Sweeping New Lobbying Regulations
Albany Times Union – Chris Bragg | Published: 4/24/2018
The New York Joint Commission on Public Ethics (JCOPE) approved new rules that overhaul the state’s lobbying law. A major provision will create more disclosure around so-called grassroots lobbying in which well-funded interest groups seek to sway public and elected official opinions through campaign-style efforts. The rules also include an explicit requirement that lobbyists disclose the names of the lawmakers they attempt to influence. The regulations, however, face possible legal action. David Grandeau, the state’s former top lobbying official, said the Legislature never passed a law authorizing JCOPE to broadly reinterpret New York’s lobbying rules.
Ohio: How One GOP Heiress Influenced the Ohio House – and Its Leader’s Demise
Cincinnati Enquirer – Jessie Balmert | Published: 4/23/2018
Cliff Rosenberger was just 33 years old in 2014, when he was chosen to replace Ohio Speaker Bill Batchelder. Rosenberger did not have years of policy experience or a political pedigree, but he did have wealthy Republican donor Virginia Ragan’s money and Batchelder’s support. Ragan’s bankroll helped construct the Republican-controlled Ohio House that Rosenberger built. In the end, Ragan’s money also helped to destroy Rosenberger’s political career. The FBI is investigating Rosenberger’s many trips as a lawmaker and his lavish lifestyle generally, including a condominium he rented from Ragan.
Ohio: Questions Raised About Campaign Contributions and Influence at Columbus City
Columbus Dispatch – Doug Caruso and Rick Rouan | Published: 4/22/2018
Real-estate developers, unions, and some wealthy individuals who do business with the city contributed millions of dollars to the campaigns of elected officials in Columbus. City officials raised about $8.4 million from nearly 5,000 donors disclosed on reports filed from mid-2014 through 2017, but more than 60 percent of that money came from less than four percent of the contributors, according to an analysis. These large donations have prompted critics to question what influence that money leverages in City Hall. Many of the largest donors lobby for zoning changes and compete for contracts. They negotiate with the city on union deals or seek tax incentives. More than half of the 20 largest contributors are developers or linked to companies with business interests throughout the city.
Washington: Washington’s Lottery Deputy Director Ousted After Ethics Investigation
Seattle Times – Rachel LaCorte (Associated Press) | Published: 4/20/2018
Jim Warick, deputy director of Washington’s Lottery, was fired following an investigation into ethics complaints that found he and other lottery employees accepted drinks and food from a vendor who had a contract with the agency, and several employees likely got free hotel rooms during a work trip that coincided with the South by Southwest festival in Austin, Texas. Both state law and the Lottery’s own code of ethics prohibit using their positions to secure special privileges or to accept most gifts. Lottery employees fall under a section of the law that subjects them to greater restrictions than other state employees, and under an ethics advisory opinion, those employees may not accept food when a vendor sponsors a presentation.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
April 20, 2018 •
News You Can Use – April 20, 2018
Federal: Patrick Kennedy Profits from Opioid-Addiction Firms Politico – Adam Cancryn | Published: 4/17/2018 Patrick Kennedy, who stepped down from Congress amid his battles with addiction and mental illness, is a high-profile mental health advocate who sat on President Trump’s […]
Federal:
Patrick Kennedy Profits from Opioid-Addiction Firms
Politico – Adam Cancryn | Published: 4/17/2018
Patrick Kennedy, who stepped down from Congress amid his battles with addiction and mental illness, is a high-profile mental health advocate who sat on President Trump’s opioid commission. At the same time, he has served as chief executive officer of the Kennedy Forum, which is funded in part by major drug makers and addiction-treatment companies. He received more than $1.1 million from the organization between 2014 and 2016. Kennedy also sits on the boards of eight corporations invested in Washington’s response to the opioid crisis, from which he collects director fees and holds an equity stake in the firms. The many entanglements make Kennedy a one-man nexus of government, private-sector, and patient-advocacy work. Despite his extensive advocacy work, Kennedy said he has not registered as a lobbyist because his activities do not meet the legal specifications of lobbying.
From the States and Municipalities:
Arizona: Woman at Center of Phoenix Lobbyist Forgery Scandal Convicted, Sentenced
Arizona Republic – Dustin Gardner and Rick O’Dell | Published: 4/13/2018
Beth Briggs, a legal assistant with the firm Burch & Cracchiolo, pleaded guilty to filing fraudulent lobbying documents with the city of Phoenix. She must pay a $1,000 fine and complete 200 hours of community service. Investigators said Briggs falsely backdated documents, forged a former attorney’s signature, and signed an affidavit falsely claiming she had mailed the forms. The forged documents made it appear as if Burch & Cracchiolo had complied with an ordinance that requires lobbyists at regular intervals to register, list their clients, and disclose contributions or gifts to elected officials. The firm, however, had not filed the required forms for about two years, even as one of its top attorneys lobbied the city.
Florida: Fernandez Gave Football Tickets to City Officials; Investigation Finds ‘No Rule Violation’
Tallahassee Democrat – Jeff Burlew | Published: 4/16/2018
Two high-ranking city officials accepted Florida State University football tickets in 2016 from former Tallahassee City Manager Rick Fernandez, who was ousted this year for accepting football tickets from a local lobbying firm under FBI scrutiny. The city, in an internal inquiry, determined the employees did not violate Florida law by accepting the tickets or not reporting them as gifts because they did not exceed a $100 threshold. However, the city found, had the tickets cost a penny more, they would have exceeded the statutory threshold.
Florida: Stymied in Effort to Fill Empty Seats, North Miami Beach Commission Can’t Take a Vote
Miami Herald – Kyra Gurney | Published: 4/18/2018
A week after Mayor George Vallejo resigned and pleaded guilty to violating campaign finance laws, North Miami Beach scrambled to fill a vacancy on the city commission so the elected body had enough members to function. Only four of the commission’s seven seats were filled and it needed at least five members present to take any action. The city secured a last-minute order from a judge allowing recently ousted Commissioner Frantz Pierre to return for an emergency meeting so the commission could appoint a new member. Then, Commissioner Anthony DeFillipo announced he could not participate in the meeting. With that, the commissioner marched out of the meeting, leaving the panel where it started, one vote shy of the number needed to fill a vacant seat.
Illinois: Cook County Tax Officials Take Excess Campaign Donations from Appeals Firms, Ethics Panel Says
Chicago Tribune – Ray Long and Hal Dardick | Published: 4/13/2018
Records show Cook County officials who decide the outcome of property tax appeals accepted more than $500,000 in campaign donations from law firms and other businesses that help challenge tax bills, far more than permitted under a county ethics ordinance. Assessor Joseph Berrios and Board of Review members Larry Rogers Jr., Dan Patlak, and Michael Cabonargi were told to return about $440,000 of about $600,000 given by the law firms or other companies involved in the property tax appeals business. Hoping to prevent “pay-to-play,” the county board set caps on contributions from people or businesses that have “sought official action by the county within the preceding four years.” Donations are limited to $750 in a non-election year and $1,500 in an election year.
Iowa: Regulator: Iowa official won’t have to ID outside businesses
WRAL – Ryan Foley (Associated Press) | Published: 4/18/2018
Secretary of State Paul Pate will not be required to identify his private businesses in a conflict-of-interest disclosure form because other state officials have kept similar information secret without consequence, said Iowa Ethics and Campaign Disclosure Board Director Megan Tooker. Pate owns a strip mall and two rental storage businesses that he did not list on a recent ethics filing. As mandated by state law, the form asked Pate to identify “each business, occupation, or profession” in which he was engaged during 2017 and warned of criminal and civil penalties for failing to do so.
Kansas: Gov. Colyer Signs Sweeping Executive Branch Transparency Measure
Kansas City Star – Hunter Woodall | Published: 4/16/2018
Kansas Gov. Jeff Colyer signed a bill that will require people trying to influence an executive branch official on contracts to register as a lobbyist. “Senate Bill 394 will equalize the treatment of lobbying within all branches of state government,” Colyer said in a statement. An investigation last year by The Kansas City Star found the state has one of the most secretive governments in the nation.
Kansas: Kobach Helped Lead Trump’s Election Panel. A Judge Just Found Him in Contempt in a Voter ID Case
Denver Post – Eli Rosenberg (Washington Post) | Published: 4/18/2018
One of President Trump’s leading voter-fraud investigators was ruled in contempt of court for flouting a judge’s orders to ensure voters in his home state were not misled ahead of the 2016 general election. Kansas Secretary of State Kris Kobach, who was vice chairperson of the election integrity commission the the Trump administration disbanded, was cited by U.S. District Court Judge Julie Robinson for a “history of noncompliance and disrespect” for the court’s decisions. In 2016, Kobach lost a challenge to the Kansas Documentary Proof of Citizenship law. He then failed to comply with the court’s directive that he inform affected voters they would be deemed registered and qualified to vote, according to the ruling .
Massachusetts: Thornton Law Firm Didn’t Break State Campaign Finance Laws, Prosecutor Says
Boston Globe – Andrea Estes | Published: 4/18/2018
A probe of the Thornton Law Firm found “no conclusive evidence of a crime,” despite an initial review from Massachusetts regulators saying there may have been campaign finance violations, Essex District Attorney Jonathan Blodgett said. The Office of Campaign and Political Finance had asked Attorney General Maura Healey to investigate contributions from the firm’s partners and spouses. The agency raised questions over whether partners sought to disguise where the money came from and whether the contributions were with personal funds and were not paid or not reimbursed by the law firm. State law bans corporations from contributing to campaigns and prohibits a person from reimbursing someone else for a political donation.
Missouri: Hawley Says Probe into Greitens, Charity Indicates Potential Felony by Governor
Kansas City Star – Lindsay Wise (McClatchy), Jason Hancock, and Bryan Lowry | Published: 4/17/2018
Missouri Gov. Eric Greitens, already facing a felony charge related to an extramarital affair, could soon face another after the state’s attorney general cited evidence that suggests Greitens’ use of a charity donor list for political purposes may have broken state law. Attorney General Josh Hawley said an investigation by his office shows Greitens took computer data listing the top donors to The Mission Continues without the consent of the veterans’ charity he had founded and used it to raise money for his gubernatorial campaign. Hawley said he referred the matter to St. Louis Circuit Attorney Kim Gardner, who has jurisdiction to decide whether to charge Greitens with a crime. He also referred his findings to a special House committee that is considering whether to recommend impeachment proceedings against the governor.
Montana: Dark Money Group Pays $30K Fine for Breaking Montana Campaign Finance Law
Montana Current – John Adams (Montana Free Press) | Published: 4/14/2018
A political group has agreed to pay a $30,000 fine for violating Montana’s campaign finance laws in the 2012 elections. The Montana Growth Network claimed to be an incidental political committee that did not have the primary purpose of supporting or opposing candidates or ballot issues and therefore did not have to disclose its donors. The commissioner of political practices concluded the group should have registered as an independent political committee and reveal donors.
New York: Cuomo Touts Political Ad Transparency Law as Other Reforms
Gotham Gazette – Samar Khurshid | Published: 4/19/2018
New York Gov. Andrew Cuomo signed a bill that prohibits foreign entities from creating independent expenditure committees or buying political ads, requires anyone who purchases an online political ad to register as an independent expenditure committee, and requires online ads to include information about who paid for them, as is currently required of traditional media platforms. The state Board of Elections will also now create a public archive of those online ads and retain them for five years. The bill was a component of Cuomo’s larger Democracy Agenda that otherwise fell by the wayside during budget negotiations and seem unlikely to pass in the remaining months of the legislative session.
New York: New York Attorney General Seeks Power to Bypass Presidential Pardons
New York Times – Danny Hakim and William Rashbaum | Published: 4/18/2018
New York Attorney General Eric Schneiderman asked legislators to amend state law so prosecutors can charge individuals who have benefitted from a presidential pardon. Right now, New York law prevents people from being prosecuted more than once for crimes related to the same act, even if the original prosecution was in federal court. In explaining the need for the change, Schneiderman cited recent reports that President Trump may be considering pardons that could impede criminal investigations. Schneiderman argued that due to the current statute, a “strategically-timed pardon” could protect individuals who have violated New York laws.
Washington: Many of the State’s Powerful Lobbyists Work from One Olympia Neighborhood
The Olympian – Joseph O’Sullivan (Seattle Times) | Published: 4/16/2018
Nearly one-third of the 62 homes found immediately south of the Capitol in Olympia are owned or used by lobbyists, corporations, or unions, according to a review of public records. Those homes, some just across the street from the Capitol campus, are a physical manifestation of the close relationship between Washington’s nearly 800 registered lobbyists and the state’s elected officials. Last year, seven of the state’s 10 highest-earning lobbying firms had a presence in the neighborhood. Some lobbyists say they use their Olympia homes only for sleep or light work before and after the long days of the legislative session. With sessions in recent years lasting between two and seven months, the homes can remain vacant for long stretches in between.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
April 13, 2018 •
News You Can Use – April 13, 2018
National: AP Finds Legislatures Lack Public Records on Harassment Arizona Daily Star – David Lieb (Associated Press) | Published: 4/11/2018 In the past 15 months, dozens of state lawmakers have been forced from office, removed from their leadership roles, reprimanded. […]
National:
AP Finds Legislatures Lack Public Records on Harassment
Arizona Daily Star – David Lieb (Associated Press) | Published: 4/11/2018
In the past 15 months, dozens of state lawmakers have been forced from office, removed from their leadership roles, reprimanded. or publicly accused of sexual misconduct in a mounting backlash against misbehavior by those in power. Yet the majority of state legislative chambers across the country have no publicly available records of any sexual misconduct claims over the past 10 years. They say no complaints were made, no tally was kept, or they do not legally have to disclose it. Some lawmakers and experts on sexual wrongdoing in the workplace say that suggests legislators are not taking the problem seriously.
Facebook Fallout Deals Blow to Mercers’ Political Clout
MSN – Nicholas Confessore and David Gelles (New York Times) | Published: 4/10/2018
The revelation that Cambridge Analytica improperly acquired the private Facebook data of millions of users has set off government inquiries, plunging Facebook into crisis. But it has also battered the nascent political network overseen by wealthy conservative donor Rebekah Mercer and financed by her father, Robert Mercer. Cambridge Analytica was co-founded by Robert Mercer. An advocacy group backing President Trump and controlled by Rebekah Mercer has gone silent following strategic disputes between her and other top donors. And no American candidate or super PAC has reported payments to Cambridge Analytica since the 2016 campaign.
Facebook’s New Rules Aim to Thwart the Kind of Ads Bought by Russian Trolls During the Election
Washington Post – Tony Romm | Published: 4/6/2018
Facebook announced a series of moves meant to improve the transparency of political ads and pages on its social media service. Facebook Chief Executive Officer Mark Zuckerberg said in a post that the company has started requiring advertisers to verify their identity and location before they can run political ads. That verification is meant to prevent foreign interference in U.S. elections. Facebook will also soon start verifying the identify and location of people who run large Facebook pages. Officials say Russian agents used pages to pose as Americans on different sides of the political spectrum in an attempt to spread misinformation before the election.
Federal:
Investigators Focus on Another Trump Ally: The National Enquirer
WRAL – Jim Rutenberg, Emily Steel, and Mike McIntire (New York Times) | Published: 4/11/2018
President Trump has deep connections with the country’s largest tabloid publisher, American Media Inc (AMI), which publishes The National Enquirer. The company’s chairperson, David Pecker, is a close friend of the president’s. Since the early stages of his campaign, Trump, his lawyer Michael Cohen, and Pecker have strategized about protecting him and lashing out at his political enemies. Now AMI has been drawn into an investigation of Cohen’s activities, including efforts to head off potentially damaging stories about Trump during his run for the White House. The inquiry presents thorny questions about AMI’s First Amendment protections, and whether its record in supporting Trump somehow opens the door to scrutiny usually reserved for political organizations.
From the States and Municipalities:
Alabama – Ivey Signs Ethics Exemption for Developers into Law
AP News – Kim Chandler | Published: 4/6/2018
Alabama Gov. Kay Ivey signed into law a bill that will exempt economic developers from the state ethics law. Economic developers would not be considered lobbyists and would not register with the state and disclose their employers and activity as lobbyists do, under the legislation. Supporters said developers do not currently register, but the law needed to be clarified because of recent questions over whether they should. Critics had argued that anyone seeking deals with the state should not be exempted, and such exemptions could be exploited.
Arizona – Ducey Signs Bill Overriding Local Laws on Certain Campaign-Finance Disclosures
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 4/5/2018
Arizona cities are losing their right to demand that nonprofit groups seeking to sway local elections divulge who is financing the effort. Gov. Doug Ducey signed legislation that pre-empts local ordinances requiring these groups to register as PACs. The measure, which takes effect this summer, also makes any effort to identify contributions off limits. It is not known whether Tempe will challenge the new law as an unconstitutional infringement on local powers. Tempe residents voted earlier this year to mandate disclosure of spending on local races.
Georgia – Man Gets Prison for Obstruction in Atlanta Bribery Probe
Washington Times – Kate Brumback (Associated Press) | Published: 4/9/2018
An Atlanta man who threw a concrete block through a city contractor’s window to discourage him from talking to federal investigators was sentenced to prison for obstructing their bribery probe. Shandarrick Barnes had pleaded guilty to obstructing justice. He is the fourth person to receive a prison sentence after entering a guilty plea in the ongoing federal investigation into a “pay-to-play” scheme for city contracts. U.S. Attorney Kurt Erskine said Barnes used “mob-like tactics” to try to keep construction contractor Elvin Mitchell Jr. from cooperating with investigators.
Hawaii – What’s Up with All the Gut-And-Replace Trickery at The Legislature This Year?
Honolulu Civil Beat – Nathan Eagle | Published: 4/5/2018
Watchdog groups have called on the Hawaii Legislature for years to end “misleading practices which keep the public in the dark,” as their 2013 petition to the House and Senate put it. There is the “gut-and-replace” tactic, which involves removing the entire contents of a bill and inserting the contents of another in its place without any notice. And there are the so-called Frankenstein bills that keep the original contents of one bill and add the contents of another that had died earlier in the session. A common practice this session combines both tactics while giving a couple of days’ notice.
Kansas – Kansas AG Wants Court to Bar Out-of-State Residents from Running for Governor
Kansas City Star – Hunter Woodall | Published: 4/10/2018
Kansas Attorney General Derek Schmidt filed a lawsuit to put the brakes on out-of-state gubernatorial candidates after 10 people living outside the state’s borders took initial steps to run. State law makes no express statement about candidates’ age or residency. News coverage about the lack of requirements has led to a slew of teenagers and non-Kansans forming campaign committees for a gubernatorial run. A man tried, and failed, to get his dog on the ballot.
Missouri – Woman: Sexual encounter with Greitens was not consensual. Lawmakers find her credible
Kansas City Star – Lindsay Wise (McClatchy) and Jason Hancock | Published: 4/11/2018
The crisis confronting Missouri Gov. Eric Greitens deepened with the release of a legislative report that outlines in detail new allegations about the governor’s behavior toward a woman who was his hair dresser. While Greitens has described the extramarital relations as “consensual,” the woman said it included unwanted and potentially coerced sexual acts that she felt afraid to say no to and physical violence, in addition to the threat of blackmail. The governor is facing a felony charge that he invaded the woman’s privacy by taking a nude photograh of her without her consent. The report raised the specter of impeachment for Greitens and prompted another round of calls for him to step down.
New Mexico – Biggest Donors Get Around Contribution Limits
New Mexico Political Report – Marjorie Childress (New Mexico In Depth) | Published: 4/9/2018
Even though New Mexico passed campaign contribution limits in 2009 after several high-profile elected officials went to jail for corruption, people still have the potential to contribute more than the limits by giving through companies they own, or combining with family members to give. A debate over contribution limits since then has often included arguments that limits just push money into political committees or “dark money” groups that spend money independently, making it more difficult for the public to know who is paying for political ads and other activities designed to influence elections. But good government advocates disagree.
New York – JCOPE Reaches Settlement with Top Lobbyist Over de Blasio Donation
Albany Times Union – Chris Bragg | Published: 4/9/2018
Lobbyist James Capalino agreed to pay $40,000 to settle an investigation by the Joint Commission on Public Ethics (JCOPE). The commission has been investigating Capalino’s fundraising for New York City Mayor Bill de Blasio’s now-defunct nonprofit Campaign for One New York. The probe relied on JCOPE’s re-interpretation of the state gift ban law. The law disallows public officials from accepting “valuable gifts” from people with business before state government if such a gift appears intended to influence the official. JCOPE in 2014 said donations to an official’s nonprofit are covered under the law.
Ohio – Amid FBI Investigation, Ohio House Speaker Cliff Rosenberger Resigns
Cincinnati Enquirer – Chrissie Thompson and Jessie Balmert | Published: 4/10/2018
Facing an FBI investigation into his spending and overseas travel, Ohio House Speaker Cliff Rosenberger said he will resign from office on May 1. Rosenberger has been criticized for his lavish lifestyle, which includes traveling around the world and staying in a luxury Columbus condominium owned by a wealthy Republican campaign donor. In August, Rosenberger took a four-day trip to London with GOP leaders from other states for an event paid for by the GOPAC Education Fund’s Institute for Leadership Development. Steve Dimon, a registered lobbyist for title lender LoanMax, also was on the trip. Title and payday lenders have been lobbying against proposed legislation in Ohio that would place restrictions on their industry. Dimon declined to say whether the two discussed any legislation or if he has been questioned by the FBI.
South Dakota – South Dakota a ‘Standout’ in Limiting Voters’ Ability to Bring Issues to the Ballot
Sioux Falls Argus Leader – Dana Ferguson | Published: 4/6/2018
South Dakota voters in 2016 passed a sweeping ethics reform initiative, which state legislators then struck down. A year after Initiated Measure 22’s demise, lawmakers passed a dozen bills tightening the reins on the initiative and referendum process. The onslaught of bills puts South Dakota in a league of its own in terms of restricting direct democracy. Now, advocates are scrambling to undo the laws that do the most damage before they are left fighting under the new constraints imposed on the process.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
April 6, 2018 •
News You Can Use Digest – April 6, 2018
National: Young Women Help Lead Campaigns to Success at the Polls New York Times – Michael Tackett | Published: 4/2/2018 Hillary Clinton’s loss in the presidential election prompted a surge of Democratic women running for office this year, and right […]
National:
Young Women Help Lead Campaigns to Success at the Polls
New York Times – Michael Tackett | Published: 4/2/2018
Hillary Clinton’s loss in the presidential election prompted a surge of Democratic women running for office this year, and right behind them, a new legion of young women managing campaigns. With a seat at the head of the table, they will be responsible for strategy, message, staff, and creating networks for future campaigns. This year, 40 percent of the campaign managers for Democratic congressional candidates are women. In contrast, Kelly Dittmar, a political scientist at Rutgers University’s Center for American Women and Politics, recalled excising data on female campaign consultants from a book she wrote in 2010 because the numbers were too small to be statistically reliable.
Federal:
Pruitt Had a $50-a-Day Condo Linked to Lobbyists. Their Client’s Project Got Approved.
Anchorage Daily News – Eric Lipton (New York Times) | Published: 4/2/2018
Williams & Jensen, the lobbying firm at the center of the controversy surrounding Environmental Protection Agency (EPA) Administrator Scott Pruitt’s $50-a-night Washington, D.C. apartment, has assisted oil and gas companies in navigating the agency’s environmental regulations. The wife of J. Steven Hart, chairperson of the lobbying firm, had allowed Pruitt to use her apartment in a pricey neighborhood as he needed it, for $50 a night last year. The EPA signed off last March on a Canadian energy company’s pipeline-expansion plan, even though the agency, at the end of the Obama administration, had moved to fine Calgary-based Enbridge $61 million in for an oil spill. Williams & Jensen was registered to lobby for Enbridge at the time of the EPA action.
Top Government Ethics Chief Walter Shaub and Staff Used Headspace Meditation App to Deal with Stress of Working Under Trump
CNBC – Dan Mangan | Published: 3/29/2018
To help staff members deal with stress from working under President Trump, former Office of Government Ethics Director Walter Shaub said he started holding daily group meditation sessions. Shaub, who resigned in July, said at least six of about 70 staffers regularly attended the 10-minute meditation breaks he held with the Headspace app, which guides users through breathing and relaxing imagination exercises. “The problem is the direct assault on the ethics program which is the thing that every person in that room had committed their lives to,” Shaub said.
From the States and Municipalities:
Alabama – Controversial Economic Developer Bill Goes to Gov. Kay Ivey
Montgomery Advertiser – Brian Lyman | Published: 3/29/2018
Alabama legislators passed a bill that opponents said would carve a loophole in the state’s ethics law. House Bill 317 exempts economic developers from having to register as lobbyists. Supporters said it would help Alabama recruit employers who value confidentiality in their search for project sites. Lobbyists must file public reports that list their clients, file quarterly activity reports, and meet other requirements. Rep. Chris England said the bill would weaken the law. “It creates a set of people who are lobbying but don’t have to register as lobbyists,” England said.
Alabama – State Rep, Former AL GOP Chairman Arrested on Bribery Charges
Montgomery Advertiser – Melissa Brown | Published: 4/2/2018
State Rep. Jack Williams and Marty Connors, a lobbyist who once chaired the Alabama Republican Party, were arrested on conspiracy charges related to payments made to another lawmaker to advance a bill. The owner of Triana Health diabetes treatment centers, G. Ford Gilbert, was also arrested. Prosecutors said Gilbert paid then-House Majority Leader Rep. Micky Hammon to push legislation that would require Alabama’s dominant insurance company to cover treatments at Triana clinics. Prosecutors said Connors, who was lobbying for the bill, knew about the payments to Hammon and recruited Williams to use his position as a committee chair to hold a hearing on the bill. Williams also knew of the payments and acted to help Hammon, “who, as everyone in the scheme knew, was experiencing grave financial problems,” prosecutors said.
Arizona – ‘Dark Money’ in the States: Arizona GOP Blocks Cities from Implementing Transparent Elections
Newsweek – Josh Keefe | Published: 4/2/2018
The Arizona Legislature passed a bill to protect anonymous political spending, less than a month after Tempe residents voted overwhelmingly to increase transparency on that type of spending in local elections. The battle between city and state opens a new front in the national debate over so-called dark money in politics; it is also the first time a state has banned local governments from shining light on secret spending. Under House Bill 2153, non-profits in “good standing” with the IRS would not have to register as a PAC, and would not have to respond to audits, subpoenas, or produce evidence regarding a “potential political campaign finance violation, among other provisions.
Hawaii – Super PAC’s Attack Reveals Gaps in Hawaii Campaign Finance Law
Honolulu Civil Beat – Nathan Eagle | Published: 4/3/2018
Megan Kau launched a super PAC and website attacking former Hawaii Sen. Clayton Hee, who is running for governor this fall. But voters will not know the source of the money behind the committee or how much she is spending trying to tarnish the candidate over 30-year-old domestic violence allegations before absentee ballots go out for the Democratic primary. Three years ago, lawmakers added a reporting deadline for non-candidate committees, such as super PACs, to help improve transparency between the primary and general elections. But they did not address filing deadlines for reports before the primary.
Illinois – Rahm Emanuel, Challengers Won’t Have Fundraising Limits in 2019 Mayoral Election
Chicago Tribune – Bill Ruthhart | Published: 4/8/2019
Willie Wilson made a $100,000 contribution to his own campaign for Chicago mayor, a donation that lifts the caps on campaign contributions for all candidates in the crowded 2019 race. Under state law, individual donors are limited to making no more than a $5,600 contribution to a single campaign. Businesses are limited to $11,100 and PACs are capped at $55,400. Those limits are lifted if a candidate gives $100,000 or more to his or her campaign fund within a year of the election, which is what Wilson said he has done.
Maryland – Maryland, ACLU Reach Settlement Over Governor Deleting Critical Comments on His Facebook Page
Washington Post – Ovetta Wiggins | Published: 4/2/2018
Maryland Gov. Larry Hogan must be more permissive of social media commenters who disagree with him under a settlement to resolve a lawsuit that accused him of censoring constituents by blocking them on Facebook. The settlement includes a $65,000 payment to the four plaintiffs and a revised social media policy for Hogan’s social media accounts. The lawsuit from the American Civil Liberties Union alleged the plaintiffs’ First Amendment rights had been violated when Hogan blocked them from his official Facebook page or deleted their comments. The lawsuit was one of several filed over the past year against high-profile elected officials across the country accusing them of blocking constituents on social media.
Maryland – Nathaniel Oaks Is the Latest Maryland Politician to Be Convicted. Is Enough Being Done to Prevent Corruption?
Baltimore Sun – Luke Broadwater | Published: 3/30/2018
Hours after resigning from the Maryland senate, Nathaniel Oaks pleaded guilty to public corruption charges. He admitted in federal court that he accepted more than $15,000 in bribes from a man he thought was a real estate developer, in exchange for help securing funds for a project. Oaks is the latest in a long line of Maryland politicians who violated laws meant to ensure ethical government. The state has seen a governor, a vice president, several county executives, and a mayor brought low after corruption probes. Some of those political players have resurfaced and now occupy prominent roles once again in state politics.
Minnesota – Tony Cornish’s Capitol Visit Might Spark Restraining Order
Minnesota Lawyer – Kevin Featherly | Published: 4/3/2018
A surprise visit to the Capitol by former Minnesota Rep. Tony Cornish has one of his sexual-harassment accusers threatening to file for a restraining order. But Cornish says the visit might be his last. He made that declaration just before being told his visit has lobbyist Sarah Walker, who has alleged he repeatedly harassed her, contemplating a restraining order against him. Walker was one of several women who accused Cornish of harassment last year. She said Cornish repeatedly propositioned her, once pushing her up against a wall and attempting to kiss her. Cornish resigned his seat.
Oregon – Commission Approves Kitzhaber Ethics Settlement
Portland Tribune – Paris Achen | Published: 3/30/2018
The Oregon Ethics Commission accepted a settlement reached with former Gov. John Kitzhaber, closing this chapter of a years-long scandal that forced him to resign. Kitzhaber will pay a civil penalty of $20,000. The maximum fine that could have been levied was $50,000. The violations stem from conflicts-of-interest involving an overlap between Kitzhaber’s role as governor and his interest in a business owned by First Lady Cylvia Hayes. She had a dual role as an unpaid adviser in the governor’s office and was privately paid to consult on the same issues. In January, the commission found Hayes committed 22 ethics violations during her time as first lady.
Oregon – The Oregonian Places Lien on Home of Kitzhaber Fiancée
Bend Bulletin – Gary Warner | Published: 3/29/2018
Oregon’s largest newspaper has placed a six-figure lien against the home of Cylvia Hayes, the fiancée of former Gov. John Kitzhaber, who resigned in February 2015 over allegations that Hayes used her position as first lady to lobby for clients of her consulting firm. The Oregonian, based in Portland, filed the lien to recoup a $124,837 judgment against Hayes. The state attorney general had agreed to release some of the 72,000 emails to and from Hayes during Kitzhaber’s time in office. Hayes filed a lawsuit seeking to block the release. A judge ruled in the Oregonian’s favor and found Hayes liable for the newspaper’s attorneys’ fees.
South Carolina – Is Vote-Trading by South Carolina Lawmakers Illegal? Question Arises from Allegation
Greenville News – Tim Smith | Published: 3/29/2018
Sen. Sandy Senn’s allegations on the floor of the Senate have spurred a request for a state attorney general’s opinion on whether vote-trading by South Carolina legislators is illegal. Senn, alleged Sen. Gerald Malloy had offered to trade votes with her over her bill on school threats when it came before the Judiciary Committee. Sen. William Timmons said federal law bans vote-trading for members of Congress but state law is murkier about the issue. He said it might be considered a violation of the state’s ethics laws if a vote was considered a thing of value.
Wisconsin – Gov. Scott Walker Calls Special Elections; Senate Chief Drops Bill to Sidestep Court Order
Milwaukee Journal Sentinel – Jason Stein | Published: 3/29/2018
Wisconsin Gov. Scott Walker called special elections to be held for two vacant legislative seats after three judges in the last week ordered him to do so. Meanwhile, Senate Republicans have dropped their effort to pass a bill that would eliminate a provision in state law that requires the governor to promptly call special elections for vacant seats. Appellate Court Judge Paul Reilly dismissed Walker’s argument that the court should allow time for the Legislature to rewrite state law that would effectively block the special elections. “Representative government and the election of our representatives are never ‘unnecessary,’ never a ‘waste of taxpayer resources,’ and the calling of the special elections are, as the Governor acknowledges, his ‘obligation’ to follow,” Reilly wrote.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
March 30, 2018 •
News You Can Use Digest – March 30, 2018
National: Political Lobbyists Are the New Hot Thing in Pop Culture MarketWatch – Tom Teodorczuk | Published: 3/26/2018 Lobbyists have long been a fixture of movies ranging from “The American President” to “Mr. Smith Goes to Washington.” Now, the process […]
National:
Political Lobbyists Are the New Hot Thing in Pop Culture
MarketWatch – Tom Teodorczuk | Published: 3/26/2018
Lobbyists have long been a fixture of movies ranging from “The American President” to “Mr. Smith Goes to Washington.” Now, the process of influencing elected representatives is increasingly taking center stage in plays, movies, and literature. The desperate lobbyist is starting to rival the embattled politician and scoop-hungry reporter as a staple character of pop culture. Sarah Burgess said her inspiration for writing “Kings” was a newspaper story. “I happened to encounter an article about these retreats that lobbyists will attend with politicians at big resorts and that seemed funny to me and so American,” Burgess said.
Federal:
Fund-Raiser Held Out Access to Trump as a Prize for Prospective Clients
MSN – Kenneth Vogel and David Kirkpatrick (New York Times) | Published: 3/25/2018
After Donald Trump’s election, Elliot Broidy quickly capitalized, marketing his connections to Trump to politicians and governments around the world, including some with unsavory records. Broidy suggested to clients and prospective customers of his defense contracting company, Circinus, that he could broker meetings with the president, his administration, and congressional allies. Broidy’s ability to leverage his political connections to boost his business illuminates how Trump’s unorthodox approach to governing has spawned a new breed of access peddling in the swamp he vowed to drain.
Manafort Associate Had Russian Intelligence Ties During 2016 Campaign, Prosecutors Say
Washington Post – Spencer Hsu and Rosalind Helderman | Published: 3/27/2018
Court documents filed by special counsel Robert Mueller’s team reveal that Donald Trump’s former deputy campaign chairperson, Richard Gates, was knowingly working with an individual with ties to Russian intelligence during the presidential campaign. Prosecutors alleged this unnamed person worked for one of former Trump campaign chairperson Paul Manafort’s companies and was in touch with Gates in September and October 2016. The filing identifies the ex-spy only as “Person A.” The description matches that of Konstantin Kilimnik, the Russian manager of Manafort’s lobbying office in Kiev.
Rep. Didn’t Report $50K in Donations as Registered Lobbyist
Cleveland Plain Dealer – Julie Carr Smyth (Associated Press) | Published: 3/28/2018
U.S. Rep. Jim Renacci did not disclose nearly $50,000 in campaign contributions he made while registered as a federal lobbyist. Registered lobbyists are required to disclose all federal political donations of more than $200. His campaign said he was registered as a lobbyist with the consulting firm he helped launch in 2008 only as a precautionary measure. Renacci’s attorney, Laura Mills, provided the Associated Press with a form that listed Renacci’s status as “inactive” as of August 1, 2009. The campaign said only active lobbyists are required to disclose their contributions. But the AP found Mills did not file the companion form required to deactivate his registration until May 2011. Renacci continued to file and digitally sign lobbyist disclosure reports, other than the two he missed, through mid-2011, as an active lobbyist would.
Trump’s Lawyer Raised Prospect of Pardons for Flynn and Manafort as Special Counsel Closed In
MSN – Michael Schmidt, Jo Becker, Mark Mazzetti, Maggie Haberman, and Adam Goldman (New York Times) | Published: 3/28/2018
The New York Times reported that John Dowd, the former lead defense attorney in charge of managing President Trump’s communications with special counsel Robert Mueller, suggested the possibility of pardons for two of the most critical figures in the Russia investigation at the height of the inquiry. Dowd spoke to lawyers representing former national security adviser Michael Flynn and former Trump campaign chairperson Paul Manafort last year, as Mueller’s investigation was closing in on both men. The discussions raise questions about whether Dowd was offering pardons to influence their decisions about whether to plead guilty and cooperate in the investigation. Legal experts are divided about whether such offers might constitute obstruction of justice.
From the States and Municipalities:
Maryland: Supreme Court Again Weighs Voting Maps Warped by Politics
New York Times – Adam Liptak | Published: 3/28/2018
Dealing with an issue that could affect elections across the country, U.S. Supreme Court justices wrestled with how far states may go to craft electoral districts that give the majority party a huge political advantage. But even as they heard their second case on partisan redistricting in six months, the justices expressed uncertainty about the best way to deal with a problem that several said would get worse without the court’s intervention. The arguments the court heard were over an appeal by Republican voters in Maryland who object to a congressional district that Democrats drew to elect a candidate of their own. The Maryland case is a companion to one from Wisconsin in which Democrats complain about a Republican-drawn map of legislative districts. That case was argued in October and remains undecided.
Missouri: An Affair, a Photo and a Felony Charge: Missouri’s governor is waging a campaign for political survival
Washington Post – Sean Sullivan | Published: 3/22/2018
Missouri Gov. Eric Greitens, a former Navy SEAL who once volunteered with Mother Teresa, is aggressively trying to clear his name after allegations he took a naked photograph of a woman without her consent – after taping her hands to exercise rings and blindfolding her. Under indictment for felony invasion of privacy related to an extramarital affair, Greitens is seeking to discredit the Democratic prosecutor who went after him and battling back against Republicans calling on him to step down. Greitens is getting a fierce blowback from fellow Republicans already fed up with his bare-knuckle politics and broken promises of the past year.
New Mexico: New Mexico Outlines Future Limits on Federal Campaign Cash
Modesto Bee – Morgan Lee (Associated Press) | Published: 3/28/2018
Politicians returning from Washington, D.C. to run for office in New Mexico are likely to find a clear legal path in the future to bring stockpiles of campaign dollars with them under a new agreement signed by state campaign finance regulators and attorneys for U.S. Rep. Steve Pearce. A proposed settlement allows Pearce to use more than $900,000 he raised while in Congress in his campaign for governor as the lone Republican contender. Linked to the settlement are guidelines aimed to prevent federal-to-state transfers from becoming a loophole around New Mexico campaign finance law, said Joey Keefe, a spokesperson for the secretary of state’s office.
New York: Corruption Trial Bruises Powerful Law Firm
Albany Times Union – Robert Gavin | Published: 3/24/2018
Todd Howe, a onetime government insider, testified recently against Joseph Percoco, the former top aide to New York Gov. Andrew Cuomo, and his three co-defendants in a corruption trial. Howe also inflicted collateral damage to the Albany-based law and lobbying firm Whiteman Osterman & Hanna, where Howe managed to stay employed for six years even after being convicted of bank fraud. Percoco was convicted on three of the six counts against him, including honest services fraud and soliciting bribes. In the wake of the trial, people are “certainly going to connect corruption with that law firm,” said Vincent Bonventre, a law professor at Albany Law School.
New York: De Blasio Donor Says He Steered Thousands in Bribes to Mayor’s Campaigns
New York Times – Brian Rosenthal | Published: 3/22/2018
Harendra Singh testified about his efforts to use campaign contributions funneled to New York City Mayor Bill de Blasio – as much as $80,000 raised from others, and much more personally by using “straw donors” to skirt contribution limits – to gain better terms from the city during lease negotiations for one of his restaurants. Singh also suggested for the first time that de Blasio not only knew of the illegal arrangement, but the mayor encouraged it and actively helped the restaurateur. Singh was testifying in the corruption trial of Edward Mangano, the former Nassau County executive, and John Venditto, the former Town of Oyster Bay supervisor, both of whom Singh has pleaded guilty to bribing.
Oregon: John Kitzhaber Agrees to Pay $20,000 for Ethics Law Violations
Portland Oregonian – Hillary Borrud | Published: 3/28/2018
Former Oregon Gov. John Kitzhaber agreed to pay a $20,000 civil penalty to settle 10 violations of state ethics law, signaling a close to the years-long scandal that forced him to resign. The Oregon Government Ethics Commission will meet to sign off on the agreement. The maximum fine that could have levied was $50,000. The violations stem from conflicts-of-interest involving an overlap between Kitzhaber’s role as governor and his interest in a business owned by First Lady Cylvia Hayes. Hayes had a dual role as an unpaid adviser in the governor’s office and was privately paid to consult on the same issues.
Pennsylvania: Lobbyist, Lawmakers Entwined in Complex Relationship: Is it influence peddling, or essential?
StateImpact Pennsylvania – Susan Phillips | Published: 3/27/2018
There are more than 1,200 registered lobbyists in Harrisburg. Some work for firms, which take on multiple clients and represent different interests. Often, former lawmakers or regulators serve this role, using their old relationships for leverage. Some work specifically for a company or nonprofit. State Sen. Judy Schwank used to work for a nonprofit, and she says they are outgunned at the Capitol. “[Nonprofits] don’t have the dollars necessary to influence legislation the way that some other organizations that are for profit do,” said Schwank.
Washington: Inslee Signs Campaign Finance Bill
Everett Herald – Jerry Cornfield | Published: 3/29/2018
Washington Gov. Jay Inslee signed a bill transforming how the state administers and enforces its campaign finance laws. House Bill 2938 aims to make clearer for filers how to follow reporting rules and avoid mistakes that can incite a complaint against them. Under the new law, every complaint must first be filed with the Public Disclosure Commission. Staff will have greater ability to deal with minor errors and technical corrections, and authority to refer large and complex cases to Attorney General Bob Ferguson.
Wisconsin: Wisconsin GOP Will Aim to Block Judge’s Order to Gov. Scott Walker to Call Special Election
Milwaukee Journal Sentinel – Jason Stein | Published: 3/23/2018
Wisconsin Republicans refused to accept a court order to hold special elections to fill two vacant legislative seats, calling lawmakers back to Madison to rewrite election laws in an extraordinary session. Legislative leaders said the court order means special elections and regular elections for the open seats will occur simultaneously, confusing voters and wasting tax dollars. The Legislature must reconvene to revise special election statutes, they said. Senate Minority Leader Jennifer Shilling said Republicans were throwing a “temper tantrum” because they lost in court and fear the open seats could flip to Democratic control.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
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