National:

There’s Never Been a Native American Congresswoman. That Could Change in 2018.
New York Times – Julie Turkewitz | Published: 3/19/2018

There are at least four indigenous women running for Congress, three more are bidding for governors’ offices, and another 31 are campaigning for seats in state Legislatures, from both sides of the aisle. The numbers far outstrip past election cycles, longtime observers of native politics say, and they are only partly driven by the liberal energy and #MeToo declarations that have flourished since Donald Trump’s election. More broadly, they are part of a decades-long shift in which native communities, long marginalized by U.S. voting laws and skeptical of a government that stripped them of land and traditions, are moving into mainstream politics.

Federal:

Bye-Bye Box Seats? Tax Law May Curb Corporate Cash at Games
Pittsburgh Post-Gazette – Marcy Gordon (Associated Press) | Published: 3/18/2018

K Street lobbyists who helped craft the Republican tax legislation could now be pinched by it. American companies spend hundreds of millions of dollars annually on entertaining customers and clients at sporting events, tournaments, and arts venues, an expense that until this year they could partially deduct from their tax bill. But a provision in the new law eliminates the long-standing 50 percent deduction in an effort to curb the overall price tag of the legislation and streamline the tax code. The provision is one of the many under-the-radar consequences slowly emerging from the new tax law.

Federal Election Officials Failed to Enforce Campaign Finance Requirements on Outside Group in 2010, Judge Rules
Washington Post – Michelle Ye Hee Lee | Published: 3/20/2018

U.S. District Court Judge Christopher Cooper ruled the FEC did not properly enforce campaign finance laws in the case a “dark money” group that was active during the 2010 midterm elections. Citizens for Responsibility and Ethics in Washington alleged that certain political ads paid for by the nonprofit American Action Network should be considered “electioneering” activity and therefore subject to disclosure requirements of who paid for the messages. The FEC deadlocked along party lines and dismissed two complaints. Cooper said the dismissals ran “contrary to law” and were based on erroneous and narrow interpretations of federal statutes governing the FEC’s enforcement powers.

Judge Rules Defamation Case Against Trump May Proceed
Washington Post – Mark Berman and Frances Stead Sellers | Published: 3/20/2018

A New York judge rejected a bid by President Trump to dismiss a lawsuit relating to his alleged groping of Summer Zervos, who was a contestant on “The Apprentice.” Lawyers for Trump argued he was immune from the suit in state court while serving as president. “Nothing in the Supremacy Clause of the United States Constitution even suggests that the President cannot be called to account before a state court for wrongful conduct that bears no relationship to any federal executive responsibility,” Judge Jennifer Schecter wrote. The ruling raises the possibility that Trump could be ordered to submit to a deposition about his conduct toward Zervos and perhaps other women, as well.

From the States and Municipalities:

Alabama – Etowah Sheriff Pockets $750k in Jail Food Funds, Buys $740K Beach House
AL.com – Connor Sheets | Published: 3/13/2018

A sheriff in Alabama took home as personal profit more than $750,000 that was budgeted to feed jail inmates and then purchased a $740,000 beach house. And it is perfectly legal in Alabama, according to state law and local officials. The state has a Depression-era law that allows sheriffs to “keep and retain” unspent money from jail food-provision accounts. Sheriffs take excess money as personal income and, in the event of a shortfall, are personally liable for covering the gap. In most cases, the public does not know how much money is involved because sheriffs do not need to report extra income of less than $250,000 a year.

Arkansas – Former Arkansas Legislator’s Name Surfaces in Graft Case
Arkansas Online – Doug Thompson | Published: 3/17/2018

An Arkansas judge admitted to accepting $100,000 in bribes from an indicted lobbyist while the judge was a state lawmaker, federal prosecutors said. Jefferson County Judge Henry Wilkins IV admitted to the FBI in February that he took the money from lobbyist Milton Cranford. Cranford, an executive for the nonprofit Preferred Family Healthcare, pleaded not guilty to charges of conspiracy and accepting bribes. Prosecutors say the nonprofit paid bribes through Cranford’s lobbying firms to win state grants and taxpayer money. Prosecutors said Wilkins received the money in the form of donations to a church where he serves as pastor. In exchange for the contributions, authorities say, Cranford counted on Wilkins’ support while he served in the state Legislature from 2011 to 2015.

California – Imperial County Is a Web of Friends and Family. Is It Too Small to Investigate Itself?
Palm Springs Desert Sun – Sammy Roth | Published: 3/15/2018

When Gilbert Otero said he would investigate the Imperial Irrigation District, he took on a case involving more than $100 million in energy contracts and some of the most powerful people in Imperial County, California, where Otero is the district attorney. But there are close ties between Otero and the individuals he is investigating. The Imperial Irrigation District and the county government wield most of the political power, and top officials at those agencies are often friends or relatives of powerful farmers. Many of them have done business together. For some legal ethics experts, the links between Otero’s office and the people he is investigating are a clear sign he should recuse himself and refer the case elsewhere. They are also a sign that Imperial County may be too small to investigate itself.

Florida – In Miami, MCM Thrives on Big County Contracts. Now It Faces the FIU Bridge Catastrophe
Miami Herald – Douglas Hanks | Published: 3/19/2018

Munilla Construction Management (MCM) has a long record of winning contracts and favors from local officials in South Florida, a legacy now facing its harshest test as the firm was behind the Florida International University pedestrian bridge that collapsed and killed six people. The catastrophe threw a spotlight not just on MCM’s large projects, but on its ties to Miami’s political circles as well. In past years, the company has hired both of Miami-Dade Mayor Carlos Gimenez’s sons – Julio as an executive and C.J. as a registered lobbyist. The mayor’s wife, Lourdes, is a cousin to the Munilla brothers, and C.J. Gimenez has offered the firm pro bono communications advice after the bridge collapse.

Illinois – Denounced by His Party as a Nazi, Arthur Jones Wins Illinois G.O.P. Congressional Primary
New York Times – Liam Stack | Published: 3/21/2018

A Holocaust denier and neo-Nazi has officially become the Republican nominee for a congressional seat in Illinois. Arthur Jones won the nomination after running uncontested in the GOP primary for the Third Congressional District, which includes part of Chicago and its suburbs. Jones’s campaign website contains a page devoted to the Holocaust, which he said in an interview was “a greatly overblown nonevent” and “an international extortion racket.” The state Republican Party has sought to distance itself from Jones in recent weeks, blanketing the district with campaign fliers and robocalls urging voters to “stop Illinois Nazis.” GOP leaders are in talks with several potential candidates to run as an independent in November.

Nevada – Lack of Transparency Questioned in Campaign Theft by DA’s Aide
Las Vegas Review-Journal – Jeff German and David Ferrara | Published: 3/19/2018

Clark County District Attorney Steve Wolfson was not obligated under Nevada law to publicly disclose the theft of nearly $42,000from his campaign account, the secretary of state’s office said. “Money stolen from a campaign account and then returned within a few weeks does not qualify as a reportable contribution or expense,” said Jennifer Russell, a spokesperson for Secretary of State Barbara Cegavske. But some are questioning that interpretation of the statute, saying it goes against the law’s intent to maintain transparency in the election process.

New Mexico – Avenue for Lobbyist Harassment Complaints Unclear
Albuquerque Journal – Marie Baca and Dan Boyd | Published: 3/20/2018

Lobbyists in New Mexico are regulated by the secretary of state’s office, which oversees their registration and financial disclosures and can refer individuals to law enforcement when they are not in compliance with regulations. But the office does not have the authority to investigate harassment or sexual misconduct complaints that involve lobbyists as either alleged perpetrators or victims. Sexual harassment is illegal under the New Mexico Human Rights Act, which defines it as a subset of sexual discrimination and often forms the basis of harassment-related civil lawsuits. But the avenue for state investigation and discipline as it relates to harassment is unclear when one of the parties is a lobbyist.

North Carolina – Cooper Names 8 to North Carolina Elections and Ethics Board
Durham Herald-Sun – Gary Robertson (Associated Press) | Published: 3/16/2018

North Carolina Gov. Roy Cooper announced his initial choices for a new state board that administers both elections and ethics laws, even as he presses his latest legal challenge against the law that created the combined panel. Cooper, a Democrat, appointed eight people – four Democrats and four Republicans, as the law requires. The law took effect March 16 because Cooper decided to let it become law without his signature. There has not been a board seated since last June, the result of extended litigation between Cooper and GOP leaders. That has led to difficulties for the state board and county boards to carry out their responsibilities.

Pennsylvania – Supreme Court Refuses to Stop New Congressional Maps in Pennsylvania
Washington Post – Robert Barnes | Published: 3/19/2018

The U.S. Supreme Court refused an emergency appeal by Pennsylvania Republicans to block the implementation of a new court-ordered congressional map, a decision that all but assures that new district lines making several races more competitive for Democrats will be in place for this year’s midterm elections. The Pennsylvania Supreme Court had ruled the state’s congressional map had been warped by partisan gerrymandering and then imposed one of its own. Republican lawmakers said the state Supreme Court had usurped the Legislature’s role in violation of federal law. Generally, the justices stay out of the way when a state’s highest court is interpreting its own state constitution.

South Dakota – ‘Pay to Play’ Questions Emerge in South Dakota Governor’s Race
Sioux Falls Argus Leader – John Hult | Published: 3/18/2018

South Dakota’s campaign finance laws do little to stop companies and citizens who contract with the state from donating to the candidates who might hire them after the election. Individual donors who own or work for state-contracted companies commonly give to candidates, but state law does not require them to disclose their employer or industry. The FEC requires disclosure of occupation and employer for individual donors giving $200 or more to a candidate committee, and 32 states have similar rules. Attempts in Pierre to tighten the laws have fallen short, however. Lawmakers also overturned a voter-backed ethics law called Initiated Measure 22 last year after a judge issued an injunction against it.

Washington – Wash. Gov Signs Universal Voter Registration Law
The Hill – Reid Wilson | Published: 3/20/2018

Washington Gov. Jay Inslee signed a package of bills aimed at increasing voter access in the state, including a measure to preregister 16- and 17-year-olds and another that allows in-person voter registration to occur the same day of an election. Inslee also signed a bill that requires nonprofit organizations, who are not defined as political committees, to file statements with the Public Disclosure Commission if they make contributions or expenditures on campaigns above a specified threshold and to disclose certain contributors, starting January 1, 2019.

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.

National:

A Super PAC Has Raised Millions to Mobilize Black Voters. Does It Matter That Its Funders Are White?
Center for Public Integrity – Lateshia Beachum | Published: 3/12/2018

BlackPAC spent nearly $614,000 on canvassing and calls in a matter of weeks last year in Alabama’s special U.S. Senate election, ranking it among the biggest super PAC rainmakers in a race that attracted more than $19 million in non-candidate spending overall, including the primaries. Avowedly anti-Donald Trump, anti-white supremacy, and pro-black political power, BlackPAC is now positioning itself as a difference-maker headed into the 2018 midterm elections. But some to wonder if BlackPAC is little more than a convenient rent-a-group for wealthy Democratic interests struggling to connect with black voters in a post-Barack Obama political era.

Federal:

Companies Fretting Over ‘Foreign Agents’ Label
The Hill – Megan Wilson | Published: 3/13/2018

Legislation in Congress would eliminate a provision that has long shielded international corporations with U.S. subsidiaries from having to file under the Foreign Agents Registration Act (FARA). The exemption allows private entities, like non-U.S. companies, to disclose their activities through the Lobbying Disclosure Act rather than register as a foreign agent, which comes with a much stricter disclosure regiment. FARA also requires disclosure of more than just lobbying, including advisory services and public relations. While watchdogs support the potential change, saying it would help curtail abuse, international corporations warn that being called a “foreign agent” could create the wrong impression.

White House Aides Blur the Legal Lines Between Partisans and Public Servants
New York Times – Julie Hirschfeld Davis | Published: 3/12/2018

Over the past 14 months there have been at least eight complaints against White House officials for potential violations of the Hatch Act, the law that since 1939 has barred government officials from using their positions to engage in partisan politics. A handful of high-profile violations and the increased number of complaints suggest that, more than a year after taking office, President Trump, who has openly defied many norms of government ethics and transparency, is surrounded by aides who blur the line between their roles as partisans and public servants, sometimes skirting or disregarding altogether decades-old standards that govern the behavior of senior White House officials.

From the States and Municipalities:

California – ‘Hamilton’ Tickets Without the Wait – or the Cost? It Helps to Be an L.A. Politician
Los Angeles Times – Emily Alpert Reyes | Published: 3/10/2018

For many Los Angeles politicians, getting into the hottest show in town was much easier than for the public. Instead of making city council members line up outside the theater to see “Hamilton,” the Pantages Theatre came to them, offering each one a coveted pair of tickets to opening night. Council President Herb Wesson ultimately accepted six tickets to the August show from the theater owner, a gift worth nearly $1,000. Free tickets are a routine part of political life in Los Angeles, where lawmakers have been given free seats at Dodgers games, galas, and other events. Politicians can legally accept them if they stay within city and state rules, which include restrictions on who can give them gifts and how much they can accept.

District of Columbia – D.C. Mayor, Reversing Course, Signs Law Creating Publicly Financed Campaigns
Washington Post – Peter Jamison | Published: 3/13/2018

In a turnaround that caught many by surprise, District of Columbia Mayor Muriel Bowser signed a bill creating a public financing program for local campaigns and said she would fund it in the upcoming city budget. The law, which will first affect elections in 2020, will steer millions of dollars annually toward the campaigns of local candidates and is aimed at reducing their reliance on wealthy donors. The switch may help Bowser, who is seeking a second term, combat a perception that she has not done enough to erase a “pay-to-play” culture in city government.

Florida – State Ethics Board Sides with Watchdog Over Hagan, Hillsborough County
WTSP – Noah Pransky | Published: 3/9/2018

The Florida Commission on Ethics rejected Hillsborough County’s controversial petition seeking legal fees from a citizen watchdog who filed an unsuccessful ethics complaint against Commissioner Ken Hagan. The commission expressed concern that other citizen watchdogs could be stymied in future attempts to hold officials accountable if they required George Niemann to pay the county back more than $10,000 in legal fees related to his complaint.

Illinois – Assessor Berrios Loses Court Fight to Overturn Cook County’s Limits on Campaign Donations
Chicago Tribune – Ray Long and Hal Dardick | Published: 3/14/2018

Cook County Assessor Joseph Berrios lost his court challenge to the county’s campaign contribution limits, marking a legal and political setback that could restrict how much property tax appeals lawyers who handle cases before his office pour into the assessor’s political funds. Berrios, whose political committees were fined $41,000 for accepting donations exceeding caps set by the county’s ethics ordinance, is expected to appeal. Berrios’ lawyers contended the county rules violate the state constitution because only the Illinois Legislature has authority to set campaign contribution limits. They said the rules also violated the U.S. Constitution because they limited the free-speech rights of tax appeal attorneys.

Iowa – Bill Dix Resigns from Iowa Senate after Video with Lobbyist Is Posted
Des Moines Register – Jason Noble, Brianne Pfannensteil, and William Petroski | Published: 3/12/2018

Iowa Senate Majority Leader Bill Dix resigned after a website posted a video showing the married lawmaker kissing a lobbyist in a Des Moines bar. The woman was identified as a lobbyist for Iowa League of Cities, an organization that seeks to sway legislation at the Capitol. As the leader of the Republican majority, Dix controlled what bills come up for debate. Sexual harassment has been a major issue in the Senate in recent years following a $1.75 million settlement reached in the case of a former staffer. Dix faced calls for his resignation over the chamber’s handling of a case, which resulted in the creation of the position of human resources manager.

Maryland – Security Video Shows Maryland Lobbyist Touching Lawmaker. He Says It Vindicates Him. She Says It Vindicates Her.
Baltimore Sun – Erin Cox | Published: 3/13/2018

A security camera video shared shows the physical contact that prompted a female Maryland senator to lodge a harassment complaint against a longtime Annapolis lobbyist, the first public accusation of sexual misconduct in the statehouse since the start of the #MeToo movement. The video shows lobbyist Gil Genn approaching Sen. Cheryl Kagan near a crowded bar at Castlebay Irish Pub in Annapolis, putting his hand on her back and sliding it down. Kagan had accused Genn of groping her when they met on March 1. Genn strongly pushed back against Kagan’s claim that the video showed him touching her inappropriately.

Missouri – Missouri Ethics Watchdog Will Be Unable to Meet after Greitens’ Inaction
St. Louis Post-Dispatch – Jack Suntrup | Published: 3/13/2018

The Missouri Ethics Commission will be unable to meet because it will not have enough members to establish a quorum. The terms of three members on the six-member commission expired on March 12. It must have at least four members to meet. James Klahr, the commission’s executive director, said without a quorum, the panel will be unable to act on complaints, even though staffers still will be able to monitor issues. He said the lack of a quorum is a continuous problem. “This is an issue that comes up every two years,” Klahr said.

New York – Joseph Percoco, Ex-Cuomo Aide, Found Guilty in Corruption Trial
New York Times – Vivian Wang and Benjamin Weiser | Published: 3/13/2018

Joseph Percoco, a former aide to New York Gov. Andrew Cuomo, was found guilty of agreeing to take bribes from executives at two companies seeking to do business with the state. The jury also convicted one of the businesspeople charged with paying the bribes, Steven Aiello, an executive at Cor Development. The verdict followed a multi-week trial that put a spotlight on the attempts of private companies to gain influence with Cuomo, who once likened Percoco to a brother. The governor was not accused of wrongdoing, but the trial highlighted Albany as a place where wealthy special interests use campaign donations to gain influence and flout rules meant to regulate lobbying.

North Carolina – Cooper to Appoint North Carolina Elections Board This Week
Durham Herald-Sun – Gary Robertson (Associated Press) | Published: 3/14/2018

North Carolina Gov. Roy Cooper will appoint members to a combined state elections and ethics board, even while he continues to fight in court over the legality of the board’s latest iteration. Cooper’s office announced the decision two days before a new law approved by legislators creating a nine-member panel is supposed to take effect. The governor has sued GOP legislative leaders three times over bills creating different versions of the joint board. A state board administering elections and campaign finance laws has been vacant since last June while the constitutionality of the combination board has been litigated.

Pennsylvania – Conor Lamb Wins Pennsylvania House Seat, Giving Democrats a Map for Trump Country
New York Times – Alexander Burns and Jonathan Martin | Published: 3/14/2018

Conor Lamb scored a razor-thin but extraordinary upset in a special U.S. House election in Pennsylvania after a few thousand absentee ballots cemented a Democratic victory in the heart of President Trump’s Rust Belt base. The Republican candidate, Rick Saccone, may still contest the outcome. But Lamb’s 627-vote lead appeared insurmountable, given the four counties in Pennsylvania’s 18th district have about 500 provisional, military, and other absentee ballots left to count, election officials said. That slim margin, in a district that Trump carried by nearly 20 percentage points in 2016, nonetheless upended the political landscape ahead of November’s midterm elections. It also emboldened Democrats to run maverick campaigns even in deep-red areas where Republicans remain bedeviled by Trump’s unpopularity.

Pennsylvania – Gov. Wolf Proposes Ethics Reforms for Pennsylvania Lawmakers
Pittsburgh Post-Gazette – Kate Giammarise | Published: 3/12/2018

Pennsylvania Gov. Tom Wolf proposed an ethics reform package that includes a complete gift ban for elected officials. Wolf is also proposing that if lawmakers do not pass a budget by the annual July 1 deadline, pay will be suspended for himself, lawmakers, and their top aides. This deadline has been missed by state lawmakers the last three years. The plan calls for broader provisions to discourage “pay-to-play,” such as requiring disclosure of campaign contributions made by parties seeking state contracts. The governor also suggested additional transparency for legislators who have outside income, requiring disclosure of sources, type of work, and amount of income received.

Wyoming – An Effort to Crackdown on ‘Dark Money’ in Wyoming Quietly Died at the Legislature. Nobody Is Quite Sure Why.
Casper Star-Tribune – Arno Rosenfeld | Published: 3/13/2018

The Wyoming Legislature this year sought to clarify and strengthen campaign finance rules. House Bill 2 was meant to improve the ability of law enforcement and local government to enforce the existing laws, while House Bill 67 was meant to clarify those laws. The first measure passed and has been signed into law by Gov. Matt Mead, while House Bill 67 died a quiet – and critics say alarming – death, falling victim to one of the Legislature’s many cut-off deadlines. House Bill 67 would have tightened definitions for political spending to include “electioneering communications,” messages that do not explicitly call for voters to act in a certain manner but nonetheless seek to influence an election.

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.

National:

It’s a Steep Hill to Climb for Women Running for State Office
Center for Public Integrity – Kristian Hernandez | Published: 3/6/2018

Nearly 500 women have shown interest in running for Congress in this year’s midterm elections, twice as many as compared with the same time in 2016. More women have raised their hand to run for governor in 2018 than in the past seven years combined, and scores of women plan to run for attorneys general, legislative seats, and more. Women still have a long way to go before political offices reflect the U.S. population. But women’s success in politics might not be all about winning this year, said Kim Olson, the Democratic candidate for Texas agriculture commissioner. She said the elections might be as much about planting seeds that will one day grow and fill the gender gaps in the halls of Congress, governors’ mansions, and statehouses across the country.

Federal:

Companies Court Lawmakers with Charitable Giving, but Don’t Always Disclose the Funds
Center for Public Integrity – Carrie Levine | Published: 3/5/2018

By law, corporations and organizations that lobby the federal government must disclose certain charitable contributions to nonprofits, including ones such as the Orrin G. Hatch Foundation that are intimately tied to lawmakers. They also must disclose spending to “honor” lawmakers and high-level executive branch officials if the spending meets certain criteria. But an analysis found more than 20 companies and trade associations that have failed to disclose payments made to nonprofit groups aligned with government officials or aimed at honoring lawmakers they may want to influence. In every instance, other companies disclosed payments linked to the same events, though varying circumstances and exceptions to federal rules allow some omissions.

Companies, Nonprofits Put Brakes on Foreign Lobbying Bills
Roll Call – Kate Ackley | Published: 3/2/2018

A bipartisan group of senators introduced legislation to strengthen enforcement of the Foreign Agents Registration Act. The new bill indicates that momentum to revamp foreign lobbying disclosures persists as the Russia probe has kept concerns about international influences in the spotlight. But opposition remains. Representatives of foreign-owned businesses and multinational nonprofit organizations say they do not want the stigma of being defined as foreign agents. They are pushing for changes to separate legislation that passed the House Judiciary Committee but has not yet been scheduled for floor action.

Trump Spoke to Witnesses About Matters They Discussed with Special Counsel
MSN – Michael Schmidt and Maggie Haberman (New York Times) | Published: 3/7/2018

The New York Times reported the special counsel in the Russian election meddling probe has learned of two conversations in which President Trump asked witnesses about matters discussed with investigators. Trump told an aide that White House counsel Donald McGahn should issue a statement denying a report in January that said McGahn told investigators the president had once asked him to fire special counsel Robert Mueller. Trump also asked his former chief of staff, Reince Priebus, how his interview with the special counsel investigators had gone and whether they had been “nice.” The episodes demonstrate that even as the inquiry appears to be intensifying, the president has ignored his lawyers’ advice to avoid doing anything publicly or privately that could create the appearance of interfering with it.

What Swamp? Lobbyists Get Ethics Waivers to Work for Trump
CNBC – Associated Press | Published: 3/7/2018

President Trump and his appointees have stocked federal agencies with former lobbyists and corporate lawyers who now help regulate the industries from which they previously collected paychecks, despite promising as a candidate to drain the swamp in Washington. A week after his inauguration, Trump signed an executive order that bars former lobbyists, lawyers, and others from participating in any matter they lobbied or otherwise worked on for private clients within two years before going to work for the government. But records show White House counsel Don McGahn has issued at least 24 ethics waivers to key administration officials at the White House and executive branch agencies.

From the States and Municipalities:

Colorado: Colorado Rep. Steve Lebsock Is Expelled Following Harassment Complaints from Five Women
Denver Post – Brian Eason and Jesse Paul | Published: 3/2/2018

The Colorado House voted to expel Rep. Steve Lebsock after hours of emotional debate in which several members broke down in tears. Lebsock had been accused of harassing five women, including a fellow state legislator, a lobbyist, and a former staffer, in 11 separate complaints. Lebsock has denied the charges, even distributing a dossier that detailed personal information about his accusers. He is the second lawmaker in the nation to be removed from office over harassment allegations since the rise of the #MeToo movement.

District of Columbia: D.C. Mayor Muriel Bowser Says She Won’t Testify About Schools Chief’s Resignation
Washington Post – Peter Jamison | Published: 3/7/2018

District of Columbia Mayor Muriel Bowser said she will refuse to testify under oath to the city council about the circumstances of the resignation of the former chancellor of the public school system, setting up a showdown with lawmakers, the outcome of which could weigh on her re-election campaign. She said she would instead cooperate with a parallel investigation by the city inspector general’s office that is underway. Bowser demanded the resignations of Chancellor Antwan Wilson and the deputy mayor for education, saying she had just been notified the pair had transferred Wilson’s daughter to one of the city’s most desirable high schools, skipping a waiting list of more than 600 students, in violation of city policy. But Wilson said Bowser knew about the transfer four months ago and raised no objections.

Massachusetts: SJC May Be Option in ‘Union Loophole’ Case
Lowell Sun – Andy Metzger (State House News Service) | Published: 3/7/2018

The Supreme Judicial Court is considering whether Massachusetts can constitutionally bar corporations from making political contributions, while allowing labor unions and nonprofits to do so. James Manley, an attorney representing two Massachusetts businesses, said his clients simply want corporations to be on equal footing with other entities, and that federal law requires it. The plaintiffs would be somewhat satisfied if the court decided to rein in unions’ abilities to contribute politically, Manley told reporters.

New Mexico: Steve Pearce, State Move to Settle Lawsuit Over Gubernatorial Campaign Funds
Las Cruces Sun News – Andrew Oxford (Santa Fe New Mexican) | Published: 3/6/2018

New Mexico Secretary of State Maggie Toulouse Oliver and U.S. Rep. Steve Pearce are moving to settle a dispute about access to campaign money that Pearce raised while in Congress and sought to use in his run for governor. Under the proposed agreement, the state would allow candidates to use donations collected while in federal office for state office campaigns. The contributions cannot be larger than what it is allowable under New Mexico law, and they must have been reported to the FEC. “Those conditions were included to prevent future federal-to-state transfers from becoming a loophole around New Mexico’s campaign finance laws,” said Joey Keefe, a spokesperson for the secretary of state’s office.

New York: As Jurors Decide Fate of Key Cuomo Ally, Political Verdict May Be In
New York Times – Jesse McKinley and Shane Goldmacher | Published: 3/6/2018

Federal prosecutors in the corruption trial of a former top aide to New York Gov. Andrew Cuomo presented unflattering tales of how Cuomo conducts himself and how his administration has conducted the people’s business in Albany. The governor has not been accused of illegal acts, but the trial may well tarnish the well-groomed reputation of Cuomo, who is facing re-election in the fall. It may also complicate or undercut any national ambitions of Cuomo, which would need to take flight in places like Iowa and New Hampshire next year.

North Carolina: GOP’s 8-Member Elections-Ethics Board Struck Down. Is a Third Lawsuit on the Horizon?
Raleigh News and Observer – Anne Blythe | Published: 3/5/2018

A panel of state judges decided a recent North Carolina Supreme Court ruling favoring Gov. Roy Cooper means only a portion of a 2017 law combining the state ethics and elections boards is now struck down. Republicans at the General Assembly passed small changes related to the combined board’s membership and Cooper’s powers after the Supreme Court decision. Cooper’s lawyers had argued the Supreme Court ruling meant the judges should void the entire law. That would have opened the door to Cooper’s wishes. He wanted the law to revert to what it was before December 2016 – separate elections and ethics boards, and Democrats getting a majority of elections board seats.

Oregon: Multnomah County Political Spending Limits Unconstitutional, Judge Finds
Portland Oregonian – Gordon Friedman | Published: 3/6/2018

Multnomah County’s voter-approved limits on campaign contributions are an unconstitutional infringement on free speech, a county judge ruled. Judge Eric Bloch said the county and its voters cannot cap donations to candidates for county office at $500 per donor, force disclosure of the largest contributors to political mailers, or limit other types of spending. The limits are “impermissible” under the free speech guarantees within the Oregon Constitution, Bloch wrote, citing a related state Supreme Court opinion.

Pennsylvania: Allentown Mayor Ed Pawlowski Guilty on Most Charges in Pay-to-Play Trial; Must Leave Office
Allentown Morning Call – Peter Hall, Emily Opilo, and Daniel Patrick Sheehan | Published: 3/1/2018

Allentown Mayor Ed Pawlowski was convicted of selling his office to campaign donors in a scheme meant to fuel his political ambitions. Jurors convicted him of 47 of the 54 charges he faced, a verdict that will force Pawlowski from office and end his tenure as leader of Pennsylvania’s third-largest city. Prosecutors said Pawlowski masterminded a plan to rig city contracts for legal, engineering, technology, and construction work, all in a bid to raise money for his statewide campaigns. Pawlowski ran for governor in 2014 and U.S. Senate in 2015, suspending the latter campaign days after the FBI raided City Hall.

Tennessee: Nashville Mayor Megan Barry Resigns from Office; ‘I love you, Nashville,’ she says
The Tennessean – Joey Garrison and Nate Rau | Published: 3/6/2018

Megan Barry resigned as Nashville’s mayor, weeks after admitting an affair with the police officer who ran her security detail. She announced her resignation shortly after she pleaded guilty to a felony theft charge related to the affair. Barry agreed to reimburse the city $11,000 and serve three years’ probation. The scandal drew attention to the overtime Sgt. Rob Forrest accrued while managing her detail. An affidavit detailed nude photos the Tennessee Bureau of Investigation said appeared to be Barry taken on the phone of Forrest during city trips. Forrest pleaded guilty to property theft and was sentenced to three years of probation. He will reimburse the city $45,000 that was paid to him as salary and/or overtime during times when he was not performing his duties as head of the mayor’s security detail.

Texas: Talk About Big Bucks: Deer semen donations are fueling South Texas campaign
Dallas News – Jackie Wang | Published: 3/1/2018

A candidate in the race for a Texas House seat has received $87,500 in campaign donations, more than half of which is made up of deer semen. Ana Lisa Garza has received $51,000 in in-kind donations to her campaign, listed as individual donations of frozen deer semen straws. The containers are reportedly a common way for deer breeders in the state to donate to political campaigns. Garza’s campaign has valued the straws at $1,000 each. The group does not give the semen directly to the campaign, but accepts the straw donations and sells them at auction. Attorney Buck Wood said the donations technically were not “in-kind” since the money, not the semen, was given to the campaign.

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.

National:

The True Source of the N.R.A.’s Clout: Mobilization, not donations
MSN – Eric Lipton and Alexander Burns (New York Times) | Published: 2/24/2018

To many of its opponents, a long string of victories is proof the National Rifle Association (NRA) has bought its political support through campaign contributions. But the numbers tell a more complicated story. In states across the country, as well as on Capitol Hill, the NRA derives its political influence instead from a powerful electioneering machine, fueled by tens of millions of dollars’ worth of campaign ads and voter-guide mailings, that scrutinizes candidates for their views on guns and propels members to the polls. The NRA’s impact comes, in large part, from the simplicity of the incentives it presents to candidates: letter grades, based on their record on the Second Amendment, that guide the NRA’s involvement in elections.

Federal:

How Skadden, the Giant Law Firm, Got Entangled in the Mueller Investigation
New York Times – Kenneth Vogel and Matthew Goldstein | Published: 2/24/2018

When one of its former lawyers, Alex van der Zwaan, admitted lying to the special counsel investigating Russian election interference, it exposed a profitable line of business that Skadden, Arps, Slate, Meagher & Flom mostly keeps quiet: its work for unsavory foreign figures and their Washington, D.C. lobbyists. Robert Mueller’s team has scrutinized Skadden for its own work for the former president of Ukraine, Viktor Yanukovych, and its role advising two other K Street firms paid to bolster his government, Mercury Public Affairs and the Podesta Group. Rick Gates, the onetime deputy campaign chairperson for Donald Trump, has admitted he knowingly misled Skadden in a scheme to avoid complying with the Foreign Agents Registration Act over his work for Ukraine.

Kushner’s Business Got Loans After White House Meetings
MSN – Jesse Drucker, Kate Kelly, and Ben Protess (New York Times) | Published: 2/28/2018

Two companies made loans worth more than $500 million to Jared Kushner’s family real estate firm after executives met with Kushner at the White House. Kushner is a White House senior adviser and the son-in-law of President Donald Trump. The New York Times reported that private equity firm Apollo Global Management lent $184 million to Kushner Cos., and Citigroup lent Kushner Cos. and one of its partners $325 million. There is little precedent for a top White House official meeting with executives of companies as they contemplate sizable loans to his business, say ethics experts. “This is exactly why senior government officials, for as long back as I have any experience, don’t maintain any active outside business interests,” said Don Fox, a former acting director of the Office of Government Ethics.

From the States and Municipalities:

Alabama – Ethics Reforms on Hold; Panel Will Study Issues for Next Year
AL.com – Mike Cason | Published: 3/1/2018

A bill introduced recently would make dozens of changes to Alabama’s ethics law. But legislators will not vote on that bill this year. Instead, it will provide a framework for a newly created Ethics Clarification and Reform Commission. State Attorney General Steve Marshall said individuals and businesses affected by the ethics law have asked that certain parts of it be made clearer, and there is also an effort to tighten the law. “We’ve identified, along with the Ethics Commission, certain areas that may be loopholes or holes in the law that we need to be able to close,” Marshall said.

Arizona – Debbie Lesko Accused of Moving $50K from Campaign to a PAC That Backs … Lesko
Arizona Republic – Ronald Hanson | Published: 2/21/2018

Congressional candidate Debbie Lesko steered $50,000 from her Arizona Senate campaign to a federal PAC that has supported her, a move one of Lesko’s opponents claimed is illegal. Lesko’s campaign committee, Re-elect Debbie Lesko for Senate, gave $50,000 to Conservative Leadership for Arizona, a federal PAC authorized to spend independently of other campaigns. It was created eight days before taking the money from Lesko’s state campaign committee. The new PAC raised almost no other cash, records show. And the PAC used the money to support Lesko with yard signs, while her congressional campaign spent heavily on television ads.

California – A Tiny City with Huge Problems, Maywood Faces Its Biggest Scandal Yet
Los Angeles Times – Ruben Vives and Adam Elmahrek | Published: 2/26/2018

A Los Angeles County investigation into possible corruption in Maywood has set its sights on a broad swath that includes four current and former council members, 13 companies, five current and former city administrators, and one activist who dresses up as a clown. A search warrant suggests the wide-ranging investigation dovetails with the suspicion many Maywood residents have had about politics in the city for years. Maywood is one of Southern California’s smallest and most densely packed cities. But for its tiny size, it has suffered oversized problems for more than a decade.

Illinois – Cook County Assessor Berrios Goes to Court to Keep Property Tax Lawyers’ Campaign Contributions Flowing
Chicago Tribune – Hal Dardick and Jason Grotto | Published: 2/28/2018

Cook County Assessor Joe Berrios asked a judge to void county ethics rules that place limits on campaign contributions to elected officials and candidates from those who seek “official action” from the county. Lawyers for Berrios’ argued the county rules violate the state constitution because only the Illinois Legislature has authority to set campaign contribution limits. The county, however, maintained it has the power to set its own, more-restrictive limits on campaign money to avoid quid pro quo politics. Since October, Berrios has collected more than $276,000 from those attorneys, about four-fifths of what he has received in individual contributions during that time.

Missouri – Missouri Gov. Eric Greitens Indicted for Felony Invasion of Privacy
St. Louis Post-Dispatch – Kevin McDermott and Robert Patrick | Published: 2/23/2018

Missouri Gov. Eric Greitens was indicted on a felony invasion of privacy charge. He was accused of photographing a nude or partially nude person without the person’s knowledge or consent. The indictment said Greitens then transmitted the photo in a way that allowed it to be viewed on a computer, which prosecutors said made the crime a felony rather than a misdemeanor. The charge comes weeks after the governor acknowledged having an extramarital affair in 2015, but denied reports he blackmailed the woman or took a nude photo of her without permission. Greitens, who has been governor for just over a year, has resisted calls to resign, insisting he did nothing illegal.

New York – In Spite of Executive Order, Cuomo Takes Campaign Money from State Appointees
New York Times – Shane Goldmacher, Brian Rosenthal, and Augustin Armendariz | Published: 2/24/2018

New York Gov. Andrew Cuomo has accepted donations for his re-election campaign from his own political appointees. The New York Times reports Cuomo has taken nearly $900,000 from two dozen of his appointees since taking office, as well as at least $1.3 million from spouses, children, and businesses of the appointees. The contributions come despite an executive order signed by former Gov. Eliot Spitzer banning campaign donations from most political appointees in the state. Cuomo renewed that order when he entered office. But Cuomo has reinterpreted the directive to only apply to contributions from appointees who could be fired at any time by the governor, as opposed to those appointed to set terms in office.

Oklahoma – Step Up Campaign Highlights Gap in State Disclosure Laws
Ada News – Paul Monies and Trevor Browen (Oklahoma Watch) | Published: 2/25/2018

The plan by Step Up Oklahoma to raise taxes on cigarettes, fuel, and energy failed to pass, but it highlighted a gap in state law that keeps much of the funding and spending on both sides of the issue a secret. Step Up Oklahoma, which billed itself as a grassroots coalition of business and civic groups, bought or enabled television and radio ads, robo-calls, mailers, endorsements, one-to-one outreach, and the deployment of registered lobbyists of supporting companies. Although disclosure of sources and amounts of money spent are typically required when groups directly try to influence the election of candidates and votes on ballot questions, little must be disclosed when a group or business tries to influence legislation.

Oregon – Receiving a Blanket Posed Ethical Quandary for Oregon Senator
Portland Oregonian – Andrew Selsky (Associated Press) | Published: 2/27/2018

Ted Ferrioli, the Senate Republican leader in Oregon until he stepped down in January, was presented with a beautiful wool blanket by leaders of Indian tribes as a parting gift, causing an ethical dilemma. Struggling over what to do with a blanket with a price tag of $249 shows how many public servants try to walk a fine line on gift laws. And it illustrates the scope of issues the Oregon Government Ethics Commission and its staff are tasked with dealing with.

Rhode Island – Facing Threat of Expulsion, Sen. Kettle Quits
Providence Journal – Katherine Gregg and Patrick Anderson | Published: 2/22/2018

A Rhode Island senator facing charges that accuse him of extorting a teenage page for sex has resigned. The move comes a day after Senate leaders took the extraordinary step of introducing a resolution to expel Nicholas Kettle, the Senate’s minority whip. No Rhode Island lawmaker has been expelled since the state constitution went into effect in 1843. Kettle was arrested and charged with extorting a male page for sex on two occasions in 2011 and with video voyeurism that involved trading nude photographs of his ex-girlfriend and a New Hampshire woman taken without their consent. The page would have been 16 or 17 years old at the time of the alleged extortion.

West Virginia – Coal Country Divides Over an Unrepentant Boss’s Senate Bid
New York Times – Trip Gabriel | Published: 2/26/2018

When mining company owner Don Blankenship finished his one-year prison sentence for conspiracy to violate safety laws, rather than express remorse or contrition over the explosion in the Upper Big Branch coal mine that killed 29 men in 2010, he announced a run for the U.S. Senate. His return to the public eye has reawakened painful memories in West Virginia, especially for relatives of the disaster’s victims. At one of Blankenship’s meet-and-greet events with voters, protesters held signs saying: “You must be joking.” But in the coal fields, many people do not think his candidacy is a joke. Blankenship has found support there for his claim to be a victim himself, pursued unfairly by federal prosecutors and mine safety inspectors.

West Virginia – Justice Company Rep Has Unique Access to Capitol Among Lobbyists
Charleston Gazette-Mail – Jake Zuckerman | Published: 2/24/2018

Among the more than 100 registered lobbyists in West Virginia, only Larry Puccio has an electronic access card to the Capitol. Puccio represents The Greenbrier resort and Southern Coal Corp., both of which are owned by Gov. Jim Justice. The card grants access to doors not open to the general public and can be used to avoid sometimes-lengthy security lines at the public entrances. House Bill 2965 would allow any person to apply for an electronic access card to the Capitol complex, which would cost $250 for people who are not state employees.

Wisconsin – State Elections Commission Chief Stepping Down Amid Criticism from Republicans
Milwaukee Journal Sentinel – Jason Stein | Published: 2/27/2018

Wisconsin’s top elections official, Michael Haas, says he will not continue in that role, ending a showdown between the state Elections Commission, which backed Haas, and Senate Republicans who demanded his ouster. Haas said he plans to keep working temporarily at the commission as an attorney, but intends to eventually leave to pursue other opportunities. The Wisconsin Ethics Commission voted to name ethics specialist Colette Reinke as the interim replacement for former Administrator Brian Bell, who also resigned after the Senate rejected his confirmation. Reinke will serve for 90 days and not apply for the permanent job.

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.

National:

Sexual Misconduct Spurs New Elections: The #MeToo race
New York Times – Trip Gabriel and Jess Bidgood | Published: 2/20/2018

Allegations of sexual misconduct led to resignations by nearly a dozen state and federal lawmakers in recent months, setting off a flurry of special elections around the country to fill seats suddenly left open by the #MeToo reckoning. Yet the candidates running to replace these disgraced men, many of whom are women, are hesitating to put sexual harassment front and center as an issue in their campaigns. In at least eight state legislative and two congressional races, including special elections in Minnesota and Oklahoma that were held recently, the subject has rarely been mentioned in advertisements, rallies, or when knocking on doors.

State Officials Say They Are Told Too Little About Election Threats
New York Times – Michael Wines | Published: 2/19/2018

State elections officials said they want more information from federal officials to ensure they are protected from cybersecurity threats in light of evidence that foreign operatives plan to try to interfere in the midterm elections. At a conference of secretaries of state, several officials said the government was slow to share information about specific threats faced by states during the 2016 election. According to the Department of Homeland Security, Russian government hackers tried to gain access to voter registration files or public election sites in 21 states. Although the hackers are not believed to have manipulated or removed data from state systems, experts worry that the attackers might be more successful this year.

With Grief and Hope, Florida Students Take Gun Control Fight on the Road
New York Times – Brendan Farrington, Josh Replogle, and Tamara Lush (Associated Press) | Published: 2/21/2018

Students in the vanguard of protests are giving gun-safety advocates fresh hope that the violence at Marjory Stoneman Douglas High School, and the widespread response to it among youths, could create new momentum across the country to enact restrictions on firearms. But these students are also attracting political attacks from advocates for gun rights. And established groups, demoralized after a string of shootings that have prompted no political response, are aware of how quickly such a moment can fade. For now, however, there is momentum on the issue.

Federal:

K Street Reinvents Itself in the Era of Trump
Roll Call – Kate Ackley | Published: 2/15/2018

Political upheaval, partisan stalemate on Capitol Hill, and technological innovations have all disrupted and transformed the $4 billion-a-year federal lobbying business. But the Donald Trump presidency, the GOP-controlled Congress, and a resulting surge of grassroots resistance have catapulted the lobbying sector into uncertain, though still lucrative, terrain. Lobbyists increasingly are adapting their methods to harness the power of social media campaigns amid the president’s atypical style of governing, which often includes policy proclamations via tweet. Trump’s administration has intensified changes to the lobbying industry that were underway well before he launched his run for office.

From the States and Municipalities:

Arizona – Kelli Ward Touts Endorsement from Fake-News Site
Politico – Jason Schwartz and Shawn Musgrave | Published: 2/15/2018

Kelli Ward posted a link on her campaign website and blasted out a Facebook post, quoting extensively from a column in the Arizona Monitor that endorsed her to replace U.S. Sen. Jeff Flake. But despite its reputable sounding name, the Arizona Monitor is not a real news site. It is an anonymous, pro-Ward blog. The site launched just a few weeks before publishing the endorsement. It seems to be part of a growing trend of conservative political-messaging sites with names that mimic those of mainstream news organizations, and whose favored candidates then tout their stories and endorsements as if they were from independent journalists.

Delaware – Lobbyists No Longer Have a Dedicated Room in Legislative Hall
Wilmington News Journal – Scott Gross | Published: 2/15/2018

State Senate President Pro Tempore David McBride said he has given up on his hope that Delaware’s 300-plus registered lobbyists would hang out in a conference room rather than the hallways of the Capitol. The door to the second-floor room was closed and locked for the first time since McBride first invited lobbyists to use the space in January. At the time, he dismissed questions about the optics of providing a dedicated space for professional lobbyists, noting reporters have long used a room in the basement of Legislative Hall.

District of Columbia – D.C. Public Schools Leader to Resign After Skirting School Assignment Rules
Washington Post – Perry Stein, Peter Jamison, and Fenit Nirappil | Published: 2/20/2018

Antwan Wilson, chancellor of the District of Columbia’s public schools, resigned after it was revealed he skirted the city’s competitive lottery system so his daughter could transfer to a high-performing school. Wilson had overhauled lottery system rules months before he broke them to benefit his daughter. Parents and politicians said Wilson had forfeited the public’s trust. His departure delivers a political blow to Mayor Muriel Bowser, whose selection of Wilson was one of the most important and high-profile appointments of her tenure.

New York – Citizens United Can’t Hide Donor Lists from NY
Courthouse News Service – Nick Rummell | Published: 2/15/2018

New York may require the public disclosure of donors who give more than $5,000 to nonprofits in the state, an appeals court said. Citizens United sued New York in 2014, saying the rule infringed upon its First Amendment rights and its donors could face public backlash if their support was disclosed. The appeals court upheld a lower-court ruling saying the regulations are “substantially related to the important interest in keeping non-profit organizations honest” and do not wrongly “chill the speech” of Citizens United or its donors.

New York – How Albany Really Works: Cuomo loyalist exposes pay-to-play culture
New York Times – Shane Goldmacher | Published: 2/16/2018

Former lobbyist Todd Howe testified for two weeks in a corruption trail that has rocked Albany. The story that Howe has unfurled included tales of six-figure campaign contributions to New York Gov. Andrew Cuomo, made from a company with business before the state, that were purposefully divided up to hide their origin. There were private plane trips, courtesy of Howe’s clients, for Cuomo days before his first election – as well as a deep-sea fishing expedition for his campaign manager. Joseph Percoco, formerly one of Cuomo’s most-trusted aides, is on trial, along with three co-conspirators in two bribery and corruption schemes. Cuomo has not been accused of any wrongdoing, but the courtroom drama has served as a stinging indictment of Albany as a city where money talks and Cuomo administration officials have listened.

North Carolina – Conspiracy Theories, Criminal Investigations Plentiful in NC Bail Bonds World
WRAL – Travis Fain | Published: 2/17/2018

Attorney Mark Bibbs and a pair of clients in the bail industry have been indicted, accused of lobbying the North Carolina Legislature without filing the proper paperwork and covering it up. The secretary of state’s office and the Wake County district attorney say Bibbs falsified records to make lobbying payments look like legal fees and the clients cooperated in the scheme. Some Democrats have suggested House Speaker Tim Moore tried to interfere in Secretary of State Elaine Marshal’s investigation of Bibbs; Moore and Bibbs are close friends. Republicans also passed legislation to move lobbying enforcement out of Marshall’s office as part of broader reforms. The secretary of state’s office sent legislative leadership a letter, pointing to the indictments as a reason to leave lobbying enforcement with the office instead of shifting it to the state’s new Board of Elections & Ethics Enforcement as planned.

Oregon – John Kitzhaber Could Face Up to $50,000 in Fines for Ethics Violations
Portland Oregonian – Hillary Borrud | Published: 2/17/2018

The Oregon Government Ethics Commission said former Gov. John Kitzhaber violated state laws against conflicts-of-interest, misused his office for financial gain, and improperly received a gift. The scandal ended Kitzhaber’s long political career. He resigned in 2015 just over a month into his fourth term amid accusations of influence peddling involving his fiancée, Cylvia Hayes. In January, the commission found Hayes violated a law against public officials misusing their public positions for personal financial gain. Kitzhaber has 21 days after being formally notified of the vote to say whether he will contest the ruling. The maximum fine for each violation is $5,000, meaning the commission could penalize Kitzhaber up to a total of $50,000.

Pennsylvania – Pa. Supreme Court Releases New Congressional Map
Pittsburghh Post-Gazette – Jonathan Lai and Liz Navratil | Published: 2/19/2018

The Pennsylvania Supreme Court released a new congressional map after the previous district lines were found to be a result of unconstitutional gerrymandering from Republicans. The new map is set to go into effect in time for the state’s May 15 primaries. It leaves voters, current representatives, and potential candidates with little time to figure out their districting before the deadline hits for those running in elections to declare their candidacy. Republicans are expected to challenge the decision from the Supreme Court, saying only lawmakers and governors hold the authority to redraw congressional maps, rather than the courts.

South Carolina – After Quinn’s Probation, Shock, Dismay, Joy and Wondering: What’s next?
The State – John Monk | Published: 2/16/2018

Watchdogs say it is sad that years of accusations against South Carolina Rep. Rick Quinn and his father’s consulting business ended with such a whimper. Beyond two years of probation, Rick Quinn was sentenced to community service and a fine of $1,000 after pleading guilty to one misdemeanor count of misconduct in office. Under a package deal, all charges were dropped against his father, Richard Quinn. His consulting firm instead pleaded guilty to failing to register as a lobbyist. “This slap is near the wrist but not even on it,” said John Freeman, the University of South Carolina law school’s professor emeritus on professional ethics.

South Carolina – S.C. Lawmakers Call for Law Enforcement Probe of Bogus Pro-Utility Emails
Charleston Post and Courier – Andrew Brown | Published: 2/19/2018

South Carolina lawmakers have received a barrage of form emails from constituents in recent days urging them to avoid passing laws they say could defeat a proposed sale of SCANA Corp. to Dominion Energy. But some of the people who supposedly sent the emails say they were impersonated. It is unclear who is behind the fraudulent emails as Dominion, SCANA, and the outside group that crafted the messages say they do not know why they are being sent from South Carolina residents without their knowledge. Law enforcement officials are likely to open an investigation into the matter.

Tennessee – How $225,000 Can Help Secure a Pollution Loophole at Trump’s E.P.A.
New York Times – Eric Lipton | Published: 2/15/2018

The big rigs sold by the Fitzgerald family’s truck dealership in central Tennessee are equipped with rebuilt diesel engines that do not need to comply with rules on modern emissions controls. That makes them cheaper to operate, but means they emit up to 55 times the air pollution of other new trucks. The special treatment is made possible by a loophole in federal law that the Obama administration tried to close, and the Trump administration is now championing. The survival of this loophole is a story of money, politics, and suspected academic misconduct, and has been facilitated by Scott Pruitt, the administrator of the Environmental Protection Agency, who has staked out positions in environmental fights that benefit the Trump administration’s corporate backers.

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.

National:

Sinclair Broadcast Group Solicits Its News Directors for Its Political Fundraising Efforts
Chicago Tribune – Paul Fahri (Washington Post | Published: 2/12/2018

Sinclair Broadcast Group is asking its executives – including the news directors at its many television stations – to contribute to its PAC. Sinclair is the largest station owner in the country, with 173 outlets. Major TV news outlets such as ABC, CBS, and CNN say they prohibit their journalists from contributing to political parties, candidates, or causes, and do not ask them to chip in to the company’s PAC. By contributing money to Sinclair’s lobbying efforts, news directors would be tacitly supporting the company’s agenda, potentially raising doubts about their stations’ impartiality and independence when reporting on controversial issues, said Lewis Friedland, a journalism professor at the University of Wisconsin.

Federal:

VA Chief Shulkin, Staff Misled Ethics Officials about European Trip, Report Finds
Tampa Bay Times – Lisa Rein (Washington Post) | Published: 2/14/2018

Veterans Affairs Secretary David Shulkin, traveling on what he said was an “essential” trip to London and Copenhagen, improperly accepted tickets to the Wimbledon tennis tournament and brought his wife at taxpayer expense, according to an inspector general’s report. The scathing report says Shulkin and several top staff members made false and misleading statements both to justify the $122,334 trip and to defend it afterward. His chief of staff, Vivieca Wright Simpson, doctored an email to convince an agency ethics lawyer to approve a $4,300 flight for Shulkin’s wife, the report found.

From the States and Municipalities:

Alaska – Group Picks Alaska to Challenge Unlimited Campaign Donations
Bristol Herald-Courier – Becky Bohrer (Associated Press) | Published: 2/7/2018

A national group is focusing on Alaska in a bid to get the U.S. Supreme Court to revisit its Citizen United ruling. The decision paved the way for corporations and unions to make unlimited independent expenditures, and in Alaska, was viewed by state officials as likely rendering several provisions of state law prohibiting or limiting certain contributions unconstitutional. Equal Citizens wants to put that interpretation to the test but it could face an uphill battle. Lawrence Lessig, founder of Equal Citizens, said his group believes the Alaska Public Offices Commission sided with “what is a kind of conventional view among lawyers” that his group believes is incorrect. “What we’re trying to seek is clarification that the limits can be enforced,” Lessig said.

Arkansas – Former Arkansas Legislator Eddie Cooper Pleads Guilty to Embezzlement
KUAR – Wesley Brown | Published: 2/13/2018

Former Arkansas Rep. Eddie Wayne Cooper pleaded guilty to conspiring to embezzle more than $4 million from a nonprofit. Cooper pleaded guilty to one count of conspiracy to embezzle from Preferred Family Healthcare. Nonprofits that receive federal funds, such as Medicaid, are barred from direct lobbying efforts. From 2011 to 2017, Cooper received at least $387,501 from an Arkansas lobbying firm that received $3 million from Preferred Family. The nonprofit’s financial records show its payments were for “consulting services” when the real purpose of the payments was for lobbying and political campaign contributions, plea documents say. Cooper also received at least $63,000 in kickbacks in the conspiracy, according to his plea.

California – #MeToo Movement Lawmaker Investigated for Sexual Misconduct Allegations
Politico – Carla Marinucci | Published: 2/8/2018

A day after sexual harassment accusations against her became public, Assemblyperson Cristina Garcia said she is taking a voluntary, unpaid leave of absence while the allegations are investigated. But Garcia denied trying to grope a legislative aide and a lobbyist. Garcia is an outspoken leader of the #MeToo movement in California. She has called for male lawmakers accused of sexual harassment, assault, and misconduct to step down over the last several months and refused to work with them. She was one of 147 women who signed a letter drawing attention to problems at the Capitol in October.

Colorado – If You Can Pay $250, Colorado Lawmakers May Let You Skip Security at State Capitol
Denver Post – John Frank | Published: 2/8/2018

Legislation in Colorado would allow anyone to pay a $250 fee and submit fingerprints for a background check to obtain an identification card that allows entry to the Capitol and legislative buildings without going through a security screening. Senate President Kevin Grantham supports the measure, but it is expected to face opposition in the Democratic-led House, where leaders point to the Colorado State Patrol’s problems with the bill. A similar measure that applied only to lobbyists failed in 2010 after it became known as the “Lexus lane for lobbyists” bill. But the sponsors of the new bill dismiss questions about special access because any member of the public could apply for the card.

Maryland – Wife of 80-Year-Old State Senator Accompanies Him to Work Each Day. Some Say She Assists Him with Duties.
Washington Post – Ovetta Wiggins | Published: 2/11/2018

Since the January 10 start of Maryland’s legislative session, state Sen. Ulysses Currie’s wife has sat an arm’s length away from him in a reserved seat, Senate floor credentials dangling from a lanyard around her neck. Shirley Gravely-Currie’s presence has drawn attention not only to her husband’s diminishing health but also to the graying of the state Legislature and the delicate question of how long is too long to serve. As Americans live and work longer, it has become more common to see aging lawmakers on Capitol Hill or in statehouses across the country.

North Dakota – Amid Backlash, Gov. Burgum Reimburses Xcel Energy $37,000 for Super Bowl Tickets
Grand Forks Herald – John Hageman | Published: 2/7/2018

North Dakota Gov. Doug Burgum said he reimbursed Xcel Energy $37,000 for Super Bowl tickets in an effort to “eliminate even the perception of any conflict.” Xcel said the governor met with Chief Executive Officer Ben Fowke and Chris Clark, president of Xcel Energy-Minnesota, North Dakota, and South Dakota, along with other company leaders in a suite at US Bank Stadium. Meanwhile, Burgum’s legal counsel is crafting an ethics policy covering North Dakota’s chief executive and his staff.

Oklahoma – New Lobbying Rule Gets Mixed Review from Lawmakers and Those Who Try to Influence Them
Tulsa World – Barbara Hoberock | Published: 2/11/2018

A proposed rule that would require elected officials in Oklahoma to wait two years before working as lobbyists is getting mixed reviews. The Oklahoma Ethics Commission approved the rule. It will take effect if the Legislature does not take any action by the end of the session. The proposal comes as more lawmakers are lobbying their former colleagues as a way to make a living after their terms have ended. Ethics Commission Executive Director Ashley Kemp said the rule would prohibit policymakers from using their positions to benefit themselves.

Oregon – Oregon Ethics Watchdog Says John Kitzhaber Misused His Office for Personal Gain
Portland Oregonian – Hillary Borrud | Published: 2/14/2018

Former Oregon Gov. John Kitzhaber allegedly violated state ethics laws 11 times during his third and fourth terms, with the violations potentially carrying fines up to $55,000. An investigative report by the Oregon Government Ethics Commission staff outlines a suite of alleged violations. The commission is poised to vote on whether it agrees with its staff’s findings. According to the report, Kitzhaber used his office for financial gain, or to avoid financial problems, for former First Lady Cylvia Hayes and her consulting firm, 3EStrategies. Kitzhaber failed to follow laws to handle “potential conflicts-of-interest” when he took actions that may have impacted the consulting firm’s interests, ethics officials said.

Pennsylvania – Lobbyists Trying to Influence PA. State Government Will Have to Pay More If They Break the Rules
PennLive.com – Jan Murphy | Published: 2/14/2018

Pennsylvania Gov. Tom Wolf signed House Bill 1175, which requires lobbying disclosure reports to be filed electronically with the Pennsylvania Department of State. The new law also increases the daily maximum penalty for not filing reports by the quarterly deadline; doubles the maximum fine for not filing by the deadline; and requires the department to post all lobbying disclosure reports online within seven days of receiving the filing. The new penalties take effect immediately and the electronic filing requirement takes effect in 60 days.

South Carolina – Former S.C. House Majority Leader Rick Quinn Gets Probation in Misconduct Case
Charleston Post and Courier – Andrew Knapp and Glenn Smith | Published: 2/12/2018

Former South Carolina Rep. Rick Quinn will serve two years on probation instead of prison time after he pleaded guilty to misconduct in office. Circuit Court Judge Carmen Mullen also ordered Quinn to pay a $1,000 fine and perform 500 hours of community service. He is the third Republican lawmaker convicted in a statehouse corruption investigation. Mullen handed down the penalty over the objections of special prosecutor David Pascoe, who had questioned the validity of Quinn’s guilty plea while pushing for the former House majority leader to serve a year behind bars. Prosecutors accused Quinn of taking $4 million in unreported money from lobbyists. Quinn insisted his only crime was failing to report a lobbyist’s payments to his father’s political consulting firm.

Texas – Anti-Abortion Group Deletes State Senator’s Video After Questions of Legality Raised
Texas Tribune – Patrick Svitek and Jay Root | Published: 2/7/2018

An influential anti-abortion group abruptly deleted a Twitter video ad featuring Texas Sen. Bob Hall’s voice after reporters began asking if its paid messages adhered to laws restricting the use of corporate “dark money.” Texas Right to Life Committee also filed last-minute corrections to its December campaign finance reports indicating it had “inadvertently” attributed about $38,000 in radio ads to its corporate entity instead of its PAC. Texas Right to Life Committee is a politically active non-profit corporation that does not have to disclose its donors.

Utah – Taxpayers Reimbursed Former Lawmaker for Rooms Linked to Prostitution Allegations
St. George Daily Spectrum – David DeMille | Published: 2/12/2018

Taxpayer funds were used to pay for at least two hotel rooms that a former state lawmaker is alleged to have used to meet a prostitute last year, according to records found by a Utah House official. Rep. Jon Stanard resigned two days before British tabloid The Daily Mail published an article accusing him of meeting with the prostitute, and included screen shots of what appear to be text exchanges between the two setting up appointments and naming a price. Receipts from expense reports show Stanard was reimbursed about $225 for hotel room stays in Salt Lake City at two separate hotels in June and August of last year while he was attending legislative meetings, at locations and on dates that correspond with the text messages included in the article.

West Virginia – Democratic Candidate Turns House of Delegates Eviction Into $45k Fundraising Haul
Charleston Gazette-Mail – Jake Zuckerman | Published: 2/13/2018

A candidate for the West Virginia House of Delegates was cut off and removed from a hearing on oil and gas drilling on private land. Lissa Lucas spoke about her opposition to the bill, and listed donations that state lawmakers have received from oil and gas companies. She was told during her testimony that she should not be making “personal comments” regarding members of the House Judiciary Committee. “I have to keep this short because the public only gets a minute and 45 seconds while lobbyists can throw a gala at the Marriott with whiskey and wine and talk for hours to the delegates,” Lucas added. In a twist of fate, rallying against corporate money in politics might have made Lucas the most effective fundraiser in the House this election cycle.

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.

Federal:

Hero or Hired Gun? How a British Former Spy Became a Flash Point in the Russia Investigation.
Washington Post – Tom Hamburger and Rosalind Helderman | Published: 2/6/2018

Former British spy Christopher Steele wrote memos that came to be known as the dossier and has become the central point of contention in the political brawl raging around the Russia inquiry by special counsel Robert Mueller. Some consider Steele to be a hero, a latter-day Paul Revere who, at personal risk, tried to provide an early warning about the Kremlin’s unprecedented meddling in a U.S. campaign. Those who distrust him say he is merely a hired gun leading a political attack on President Trump.  Steele himself struggled to navigate dual obligations – to his private clients, who were paying him to help Clinton win, and to a sense of public duty born of his previous life.

Trump Picks New Federal Ethics Chief
Politico – Josh Gerstein | Published: 2/7/2018

President Trump nominated a new director for the Office of Government Ethics (OGE), several months after the previous director, Walter Shaub, resigned over frustration with the administration. Trump nominated Emory Rounds, a current associate counsel at the OGE, to head the independent agency. Rounds previously served as an ethics attorney at the Commerce Department and in the Judge Advocate General’s Corps of the U.S. Navy.

White House Officials Knew About Porter’s Abuse Allegations and Scrambled to Protect Him
CNN – Kaitlin Collins, Kevin Liptak, and Dan Merica | Published: 2/8/2018

President Trump’s staff secretary, Rob Porter, resigned after his two ex-wives accused him of physical and emotional abuse, with one presenting pictures of her blackened eye. Porter was the gatekeeper to the Oval Office, determining which policy proposals reached the president’s hands and screening the briefing materials his visitors shared with him. Sources said the allegations against Porter had contributed to a delay in granting him a permanent security clearance. Aides had been aware generally of accusations against Porter since late last year, White House advisers said.

From the States and Municipalities:

Arizona – Arizona House Expels Yuma Rep. Don Shooter After Sexual-Harassment Findings
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 2/1/2018

The Arizona House voted to expel a Republican lawmaker after a report ordered by legislative leaders of his own party showed he engaged in a pattern of sexual harassment toward women. Rep. Don Shooter is believed to be the first state lawmaker in the U.S. to be voted out of his seat since the #MeToo movement against sexual misconduct began in the fall. Shooter was facing censure, House Speaker changed his mind after Shooter sent a letter to his colleagues asking that they delay the vote to consider whether there also are credible charges against Rep. Michelle Ugenti-Rita, who was the first to level harassment charges against Shooter.

California – Oakland Asks District Attorney to Investigate Alleged Bribes by Cannabis Lobbyist
East Bay Times – Darwin BondGraham | Published: 2/2/2018

A man who Oakland City Council President Larry Reid says tried to bribe him to help obtain a cannabis dispensary permit also allegedly offered two businessmen assistance in getting a dispensary license in exchange for bags of cash. Developer Dorian Gray tried in January to give Reid an envelope he said had $10,000 in it, Reid said. Gray then approached the city official who oversees Oakland’s cannabis permit office and offered him a free trip to Spain to tour cannabis lounges there. The matter has been referred to the to the Alameda County district attorney’s office. The city’s Public Ethics Commission has opened its own investigation.

District of Columbia – D.C. Council Approves Fair Elections Act
Washington Times – Julia Airey | Published: 2/6/2018

The District of Columbia Council gave final approval to legislation authorizing publicly financed campaigns, clashing with Mayor Muriel Bowser, who vowed she would not fund the program. The voluntary system would allow qualified candidates to receive a base sum that varies by office, with a maximum of $160,000 for the mayoral contest as well as a five-to-one match on small donations. Supporters say the program will open local politics to new candidates, increase the power of small donors, and reduce the influence of wealthy campaign contributors. But critics including Bowser say the program, estimated to cost city taxpayers $5?million a year, will waste precious funds.

Florida – FBI Lays Out Case for Bribery, Mail Fraud in Search Warrant
Tallahassee Democrat – Jeff Burlew | Published: 2/5/2018

An FBI search warrant lays out a “pay-to-play” scheme where Tallahassee City Commissioner Scott Maddox allegedly received tens of thousands of dollars in payments from clients seeking to do business with the city through his friend and business associate Paige Carter-Smith, owner of the lobbying firm Governance Services. Among the firm’s clients were Uber and FBI undercover agents posing as developers and a medical marijuana entrepreneur. The warrant says Maddox sold Governance Services to Carter-Smith between 2010 and 2012. After the sale, Maddox denied keeping an interest in the company, but continued his control of the firm and profited from its work.

Florida – Tallahassee Commission Adopts Broad New Ethics Rules
Tallahassee Democrat – Jeffrey Schweers | Published: 2/3/2018

The Tallahassee City Commission adopted an ethics reform ordinance that includes a ban on elected or appointed officials soliciting gifts from vendors, lobbyists, or tenants of city property, prohibits elected or appointed officials from accepting any gifts totaling over $100 in any calendar year, and a requires elected officials to file their financial disclosure forms and quarterly gift forms with the city treasurer-clerk. An ethics complaint filed at the same time with any law enforcement agency or the Florida Commission on Ethics will be put on hold until the other agency concludes its investigation.

North Carolina – Lobbyist Charged with Felonies After Investigation of Bail Bonds Advocacy
Raleigh News and Observer – Colin Campbell | Published: 2/7/2018

Raleigh attorney and lobbyist Mark Bibbs was indicted on 10 charges, including obstruction of justice, perjury, and lobbying without registering. Prosecutors said Bibbs lobbied legislators on behalf of a bail bonds company without properly registering and then lied under oath about his actions to the North Carolina secretary of state’s lobbying compliance investigators. Investigators spent months looking into Bibbs’ work in 2016 on behalf of NC Bail Academy, Rockford-Cohen Group, All American Bail Bonds, and Cannon Surety. A complaint about Bibbs’ activities was filed by Robert Brawley, a former state lawmaker who was a partner in the Cannon Surety business.

North Carolina – Supreme Court Temporarily Blocks Stanford Professor’s Election Districts for Wake and Mecklenburg
Raleigh News and Observer – Anne Blythe | Published: 2/6/2018

The U.S. Supreme Court partly granted a request from North Carolina Republicans to block a voting map drawn by a federal court. That court had interceded after finding a map drawn by state lawmakers for the General Assembly had relied too heavily on race and had violated state laws. The Supreme Court’s order, which was brief and gave no reasons, partly blocked that decision while the justices consider whether to hear an appeal in the case.

South Carolina – SC Special Prosecutor Wants to Toss Out Quinn’s Guilty Plea If He Won’t Admit Crime
The State – John Monk | Published: 2/5/2018

Special prosecutor David Pascoe said when former South Carolina Rep. Rick Quinn pleaded guilty to misconduct in office in December, he did so without actually admitting to any crime. Therefore, Pascoe in said in court filings, Quinn should revise his guilty plea. Pascoe wants him to make it clear he intended to commit a crime when he failed to report that a business he was associated with received nearly $30,000 from the University of South Carolina. Quinn’s crime was failure to disclose that payment, Pascoe says, adding it was legal for the business to take the university’s money.

Tennessee – Mayor Barry Recommended City Job for Daughter of Officer with Whom She Had Affair
The Tennessean – Anita Wadhwani | Published: 2/6/2018

Within months of taking office, Nashville Mayor Megan Barry recommended the adult daughter of the head of her security detail – the man with whom she later admitted to having an affair – be hired for a job in the city’s legal department. The daughter got the job. The position as an entry-level city attorney was the first newly created job in Nashville’s legal department in two years. It was not part of the existing budget. Barry approved the new job opening and no other candidate was considered. Ethics experts say that whether the mayor made the recommendation to hire the woman during her romantic relationship, or in its prelude, her involvement in a hiring decision may constitute a misuse of her office.

Virginia – Dozens of Virginia Churches Have Been Donating Cash to Campaigns for Years, Despite Law
The Virginian-Pilot – Bill Bartell | Published: 2/1/2018

For years, national Christian conservative activists have argued churches and other houses of worship should be allowed to endorse or donate money to candidates. Such support is prohibited if a religious organization wants to keep its tax-exempt status. But in Virginia, dozens of churches have been donating cash to campaigns for several years. Sen. Lionell Spruill Sr. received almost two-thirds of the $31,500 that churches have given to Virginia candidates in the past two decades. Spruill argues the checks were not campaign contributions – the churches were buying tickets for their members at a reduced price to his annual campaign fundraising dinner.

Washington – Seattle Says Facebook Is Violating City Campaign Finance Law
Reuters – David Ingram | Published: 2/6/2018

The Seattle Ethics and Elections Commission said Facebook has violated the city’s election advertising laws. It is the first attempt at regulatory action on internet companies over political ads on their platforms. The company could pay as much as $5,000 per ad in fines if it does not disclose information about campaign spending on its platform during last year’s city elections. The company has provided partial spending numbers, but not copies of ads or data about whom they targeted. The commission’s executive director, Wayne Barnett, said Facebook’s response “doesn’t come close to meeting their public obligation.”

West Virginia – Ethics Commission OKs Tourism Contract with Justice’s Greenbrier Resort
Charleston Gazette-Mail – Phil Kabler | Published: 2/1/2018

West Virginia Division of Tourism officials can partner with The Greenbrier resort in an advertising campaign after the state Ethics Commission granted the division a contract exemption. Tourism officials argued it would be an undue hardship if the state could not enter into an agreement with The Greenbrier as part of their new centralized advertising campaign. The contract exemption was needed to avoid potential conflicts-of-interest, since Gov. Jim Justice is primary owner of the resort, and as governor, has authority to hire or fire the state Secretary of Commerce and the Tourism commissioner. That effectively gives Justice direct authority over the proposed state contract with The Greenbrier, in violation of the ethics law.

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.

National:

Just How Bad is Partisan Gerrymandering? Ask the Mapmakers.
New York Times – Michael Wines | Published: 1/29/2018

Eric Hawkins, an analyst for the political consulting firm NCEC Services, is part of a cottage industry of statisticians, computer jockeys, and political sages whose business is to turn demographic data into electoral maps. His firm works exclusively with Democrats; others – like Geographic Strategies, run by the former Republican Party redistricting expert Thomas Hofeller – are loyal to Republicans. If most mapmakers are partisan, their work goes well beyond back-room politics. A good map meets constitutional requirements, such as allotting an equal number of people to every district, and respecting racial and ethnic populations. For their part, mapmakers point out their job is to implement political will, not to determine it.

Federal:

CDC Director Resigns Because of Conflicts Over Financial Interests
Washington Post – Lena Sun | Published: 1/31/2018

Centers for Disease Control and Prevention Director Brenda Fitzgerald resigned, one day after reports that she traded tobacco stocks while heading the agency. Fitzgerald has said she divested from many stock holdings. But she and her husband were legally obligated to maintain other investments in cancer detection and health information technology, according to her ethics agreement, requiring Fitzgerald to pledge to avoid government business that might affect those interests. In Congress, some lawmakers had become increasingly concerned over Fitzgerald’s ability to do her job effectively.

Trump Groups Raised Millions, Then Paid It Out to Loyalists and a Trump Hotel
Las Vegas Sun – Kenneth Vogel and Rachel Shorey (New York Times) | Published: 1/25/2018

President Trump’s close political advisers are making millions of dollars working for several different entities gearing up for Trump’s re-election campaign, raising questions about whether they are following campaign finance laws designed to keep campaigns from coordinating with big-money outside groups. Campaign finance reports shed light on a network of groups that were formed to support Trump, but have spent less than other groups bolstering his agenda, while steering money to the president’s businesses and his most ardent surrogates.

Why the Russia Probe Demolished One Lobbying Firm but Spared Another
Politico – Theodoric Meyer | Published: 2/1/2018

Paul Manafort, President Trump’s former campaign chief, once arranged the hiring of the lobbying firms Podesta Group and Mercury to work on behalf of a nonprofit that was ostensibly independent but which prosecutors say was “under the ultimate direction” of the president of Ukraine. Manfaort has been indicted on charges that include violating the Foreign Agents Registration Act. The Podesta Group collapsed within weeks of Manafort’s indictment, but Mercury just had its best year ever. There is no single explanation for why one firm imploded while the other appears to be relatively unscathed, but it is evident the Podesta Group was under pressures that Mercury did not face.

From the States and Municipalities:

Alabama – Patricia Todd Says Campaign Subpoena Was ‘Last Straw’ in Decision to Not Seek Re-election
AL.com – Roy Johnson | Published: 1/30/2018

Alabama Rep. Patricia Todd says the state’s ethics laws regarding interactions between lawmakers and non-profits made it difficult, if not impossible, for her to get a job in her profession as an advocate in the non-profit sector. But after Todd announced she will not run for re-election, she received an offer from the Consumer Financial Education Foundation of America which she accepted. Todd said potential employers were skittish about regulations that consider anyone whose job entails speaking with a legislator as a lobbyist, and rules around interactions between lawmakers and lobbyists are strict.

Florida – Proposed Change to Sexual Harassment Bill Adds Sex to Lobbying Gift Ban
Florida Politics – Ana Ceballos | Published: 1/29/2018

Sexual favors between Florida legislators and lobbyists could be illegal under a proposed amendment to a bill. Sen. Lauren Book wants to incorporate any type of sexual conduct, whether engaging in it or directing others to do it, into the state’s gift ban. The change would apply to any public official, including an “employee of an agency or local government attorney.” It would also require anyone who files a public disclosure of their financial interests to certify they have reviewed the new gift ban policy.

Illinois – IG Office: Sex harassment legislation needs teeth for lobbyists
State Journal-Register – Maximilian Kwiatkowski | Published: 1/30/2018

Sexual harassment legislation passed last year is weak when it comes to requiring lobbyists to cooperate with investigations, according to two representatives of the Illinois secretary of state’s inspector general’s office. Deputy Inspector General Randy Blue said the laws do not contain strong enough penalties or ways to enforce the rules on lobbyists working in the Capitol. Prior to the legislation, the secretary of state’s jurisdiction involving lobbyists was solely with their registration and expenditure reports. Now, it oversees sexual harassment allegations, too.

Kansas – Kansas Intern Confidentiality Rule: What happens in a lawmaker’s office stays there
Kansas City Star – Lindsay Wise (McClatchy) and Hunter Woodall | Published: 1/29/2018

The Kansas Legislature requires interns to sign agreements to keep anything that takes place or is said in a lawmaker’s office confidential, or the interns could be fired. Employment law experts who reviewed the agreement say it is written so broadly it could deter interns from reporting harassment or illegal activity, and might violate the First Amendment. Legislative leaders say the agreement is intended to remind interns that private political discussions should stay private, although they acknowledge the intention is not clear.

New York – 2 Donors Plead Guilty, but the Mayor Is Not Charged. Why?
New York Times – William Rashbaum and William Neuman | Published: 1/26/2018

A major donor to New York City Mayor Bill de Blasio testified he made donations to an elected official that sources identify as the mayor to win favorable treatment from City Hall. Harendra Singh made the “pay-to-play” assertion during a plea proceeding in October 2016, but his statement remained hidden from public view until now. The mayor’s ties to Singh and several other campaign donors for whom he did favors were investigated by federal prosecutors. They decided not to bring charges against de Blasio or his aides, but in doing so, they issued a cutting statement raising questions about the mayor’s ethics and making it clear he had done favors for donors.

North Carolina – In Power Struggle with GOP Lawmakers, Cooper Wins Election Board Revamp Lawsuit
Raleigh News and Observer – Anne Blythe | Published: 1/26/2018

The North Carolina Supreme Court limited the Republican-dominated Legislature’s efforts to minimize Democratic Gov. Roy Cooper’s ability to pursue his goals, declaring unconstitutional a law devising a state elections board that hinted at deadlock. The justices ruled Cooper could not be forced to pick a politically divided, eight-member elections board from names the two major political parties selected. The law prevented the governor from removing members with whom he disagreed unless there was wrongdoing. The law makes Cooper unable to fulfill his duties to ensure election laws are followed because half of the board will be people who will probably oppose the governor’s policy preferences, the majority opinion said.

South Dakota – Ex-SD Lawmaker Returns Lobbyist Credentials Amid Concerns
Rapid City Journal – Bob Mercer | Published: 1/29/2018

Former South Dakota Sen. Corey Brown said he has given back the lobbyist badge he received to represent Sanford Health at the 2018 legislative session amid a concern he might be breaking a state law. The Legislature decided last year that many former state government officials must wait two years before starting work as private lobbyists in South Dakota. Brown retired from the Legislature at the end of 2016. He began work January 8 for Sanford Health as senior legislative specialist for South Dakota. “The confusion comes because there are different interpretations of the law,” Brown said.

Tennessee – Nashville Mayor Megan Barry Admits to Extramarital Relationship with Top Police Security Officer
The Tennessean – Joey Garrison, Nate Rau, and Dave Boucher | Published: 1/31/2018

Nashville Mayor Megan Barry apologized for having an affair with the head of her security detail, Sgt. Robert Forrest Jr. of the Metropolitan Nashville Police Department. The affair has drawn scrutiny to the overtime that Forrest accrued while managing her detail. Forrest accompanied Barry on trips to Paris, Athens, Washington, New York, and other cities in the past year. He racked up around $33,000 in expenses for the trips and more than $50,000 in overtime in 2017 on top of an $84,500 salary. Nine of the trips were only Barry and Forrest, including a trip to Greece in September.

Wisconsin – Wisconsin Ethics Commission Hits Pause Button after Senate Rejects Director
Milwaukee Journal Sentinel – Patrick Marley | Published: 1/25/2018

Wisconsin Ethics Commission Administrator Brian Bell returned to his old job at the state Department of Safety and Professional Services as a policy analyst, two days after Senate Republicans refused to confirm his appointment to the commission. Ethics Commission Chairperson David Halbrooks said he hoped to eventually bring back Bell as its director but wanted to wait to see what happens on the legal and legislative front in the coming weeks.

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.

National:

Inside Facebook’s Year of Reckoning
Washington Post – Elizabeth Dwoskin | Published: 1/22/2018

Mark Zuckerberg said Facebook would step back from its role in choosing the news that 2 billion users see on its site every month. The move was one result of an 18-month struggle by Facebook to come to grips with its dark side. As outsiders criticized the social network’s harmful side effects, such as the spread of disinformation and violent imagery, internal debates played out over how forthcoming to be about Russian meddling on its platform during the 2016 election and how to fight the perception that Facebook is politically biased. Right now, the company is not confident it can prevent the problems that roiled Facebook during the 2016 presidential campaign.

Federal:

Big Pharma Greets Hundreds of Ex-Federal Workers at the ‘Revolving Door’
CaliforniaHealthline.org – Sydney Lupkin (Kaiser Health News) | Published: 1/25/2018

A Kaiser Health News analysis shows hundreds of people have moved through the “revolving door” that connects the drug industry to Capitol Hill and the U.S. Department of Health and Human Services. Nearly 340 former congressional staffers now work for pharmaceutical companies or their lobbying firms. The analysis also showed more than a dozen former drug industry employees now have jobs on Capitol Hill, often on committees that handle health care policy. In many cases, former congressional staffers who now work for drug companies return to the Hill to lobby former co-workers or employees. It raises concerns that pharmaceutical companies could wield undue influence over drug-related legislation or government policy.

FBI Investigating Whether Russian Money Went to NRA to Help Trump
McClatchy DC – Peter Stone and Greg Gordon | Published: 1/18/2018

The FBI is investigating Russian banker Alexander Torshin for allegedly funneling money to Donald Trump’s 2016 presidential campaign through contributions made to the National Rifle Association (NRA). As special counsel Robert Mueller’s probe continues, investigators are now looking into Torshin, the deputy governor of Russia’s central bank who is known for his close relationships with both Vladimir Putin and the NRA, two sources familiar with the inquiry said. It is illegal to use foreign money to influence federal elections.

Fewer Than 16,000 Donors Accounted for Half the Federal Campaign Contributions in 2016
Washington Post – Michelle Ye Hee Lee | Published: 1/19/2018

More than 3.2 million Americans contributed to federal candidates in the 2016 elections, but fewer than 16,000 of them provided half the donations, a sign of the increasing concentration of donor activity in the U.S., according to a new report. The Bipartisan Policy Center’s analysis mapped the growing influence of wealthy political contributors and independent political groups in the seven years since federal court decisions unleashed a new era of big-money spending. Super PACs spent $1.1 billion in the 2016 elections, nearly 17 times more than such independent political committees put into federal races in 2010, the first year they came into existence, the report found.

The Mueller Effect: FARA filings soar in shadow of Manafort, Flynn probes
NBC News – Julia Ainsley, Andrew Lehren, and Anna Schecter | Published: 1/18/2018

Hundreds of new and supplemental Foreign Agents Registration Act (FARA) filings by U.S. lobbyists and public relations firms since Special Counsel Robert Mueller charged two of President Trump’s aides with failing to disclose their lobbying work on behalf of foreign countries. The flood of new filings provides a window into the opaque industry of foreign lobbying in Washington, D.C. The uptick, legal experts say, comes from a new awareness that a failure to disclose overseas political work could lead to federal charges.

From the States and Municipalities:

California – San Francisco Ousts a Mayor in a Clash of Tech, Politics and Race
New York Times – Thomas Fuller and Conor Dougherty | Published: 1/24/2018

The appointment of venture capitalist Mark Farrell as San Francisco’s interim mayor, and the ouster of London Breed from that position, in some ways exemplified a larger battle for the soul of the city. In seven years, the median price of a home has nearly doubled to $1.3 million – a transformation, driven by the riches of the technology industry, that continues to push out longtime residents, many of them nonwhites. Amid the debate over the tech industry’s influence, there was the powerful imagery of a black woman being thrown out of office, albeit an interim one, in a city that has a long history of discrimination against blacks.

Colorado – Puffy Jackets and Poinsettias: Gifts to Denver council members from DIA and other city offices draw ethics scrutiny
Denver Post – Jon Murray | Published: 1/22/2018

A recent advisory opinion by the Denver Board of Ethics argued the prohibition on elected officials accepting or soliciting most items worth more than $25 – from givers with a city interest – could apply to gifts from city offices the same way it does to those from outside contractors. The opinion has drawn formal pushback from the city attorney’s office and has sparked debate among council members, who may have the last word by passing an explicit exclusion for city-provided gifts to the ethics code.

Georgia – Former Atlanta City Official Gets 2 Years in Bribery Probe
Los Angeles Times – Kate Brumback (Associated Press) | Published: 1/18/2018

Atlanta’s former chief procurement officer was sentenced to serve more than two years in prison for accepting bribes in exchange for lucrative city contracts. U.S. District Court Judge Steve Jones also ordered Adam Smith to pay $44,000 restitution and a $25,000 fine. He was charged as part of an ongoing federal investigation into corruption at City Hall. Prosecutors have not publicly identified the vendor they say gave Smith envelopes of cash at meetings at restaurants every other week for nearly two years, a total of more than 40 payments.

Maine – A ‘Pro-White’ Town Manager Who Wants Races to Separate Refused to Quit. So Town Officials Fired Him.
Washington Post – Marwa Eltagouri and Kristine Phillips | Published: 1/24/2018

Tom Kawczynski put Jackman, Maine on the map when media outlets across the country began publishing stories about the town manager’s seemingly unequivocal views that Islam has no place in the Western world, and Americans would be better off if people of different races “voluntarily separate.” Officials in Jackman – a town of fewer than 1,000 people, where nearly all residents are white – remained mostly quiet about the incident until selectmen decided to fire Kawczynski. His termination could raise questions about whether towns and corporations can dismiss employees for offensive speech, which is protected by the Constitution.

New Jersey – Phil Murphy Executive Order Tightens Gift Rules for Governor
Bergen Record – Dustin Racioppi | Published: 1/18/2018

New Jersey Gov. Phil Murphy signed an executive order tightening rules on gift disclosures. The order requires the governor to disclose gifts from anyone he has met since January 16, 2015, three years before his inauguration. Anyone he met before then, Murphy said, would be considered a “pre-existing relationship.” Murphy’s predecessor, Chris Christie, came under criticism during his tenure for his use of an exemption that allowed him not to disclose gifts from people he claimed as friends.

New York – Vance Bans Donations from Lawyers with Pending Cases
New York Times – James McKinley Jr. | Published: 1/22/2018

Manhattan’s district attorney said he will no longer accept campaign contributions from lawyers with business before his office, including those representing people being investigated or prosecuted. The announcement by Cyrus Vance Jr. came after he faced heavy criticism for taking money from attorneys who represented movie mogul Harvey Weinstein and a lawyer who represented the Trump Organization in a fraud investigation. In response, Vance had asked the Center for the Advancement of Public Integrity at Columbia Law School to make recommendations for how to vet donors to eliminate potential bias.

North Carolina – Supreme Court Temporarily Blocks North Carolina Gerrymandering Ruling
New York Times – Adam Liptak and Alan Blinder | Published: 1/18/2018

The U.S. Supreme Court said North Carolina does not immediately have to redraw its congressional district maps, meaning the 2018 elections will likely be held in districts that a lower court found unconstitutional. The decision was not unexpected, because the Supreme Court generally is reluctant to require the drawing of new districts before it has had a chance to review a lower court’s ruling that such an action is warranted, especially in an election year.

Pennsylvania – Pa. Supreme Court Strikes Down Congressional Map as Unconstitutional, Orders Change Before May Primary
Philadelphia Inquirer – Jonathan Lai, Liz Navratil, and Angela Couloumbis | Published: 1/22/2018

The Pennsylvania Supreme Court threw out the state’s congressional map as unconstitutionally gerrymandered and gave lawmakers until February 9 to redraw the boundaries. Under a new map, Democrats, who hold only five of the state’s 18 congressional districts despite its status as a closely divided swing state, would likely have a much better opportunity to pick up several seats in their quest to retake control of the U.S. House. Experts have long held up Pennsylvania as one of the most extreme examples of partisan gerrymandering, in which district lines are precisely drawn to favor one political party over another.

Texas – Austin Lobbyists Agree to Disclose How Much They’re Paid
Austin American-Statesman – Elizabeth Findell | Published: 1/24/2018

Seventeen Austin lobbyist-lawyers who initially declined to cooperate with city rules requiring them to tell how much their clients pay them have changed their minds. A day before the Ethics Review Commission was set to hear ethics complaints, the city said all the lawyers had agreed to provide the information. Austin began requiring registered lobbyists last year to give a ballpark figure for what clients pay them to influence city officials, as they must disclose on the state and federal level. But at least 17 lobbyists who are also lawyers refused to do so, saying the disclosure would violate attorney-client privilege.

Wisconsin – Senate Votes to Force Out State Ethics and Elections Leaders
Wisconsin State Journal – Mark Sommerhauser | Published: 1/23/2018

The Wisconsin Senate refused to confirm the leaders of the state elections and ethics commissions, despite unanimous bipartisan support from the boards that hired them. The Senate voted against confirming elections Administrator Michael Haas and ethics Administrator Brian Bell. Majority Leader Scott Fitzgerald says he has lost confidence in both men’s ability to be nonpartisan. Both previously worked for the Government Accountability Board, which Republicans disbanded in 2015 after it investigated Gov. Scott Walker and other conservative groups. Watchdog groups have threatened to sue to keep Bell and Haas in their jobs.

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.

National:

One Year After Women’s March, More Activism but Less Unity
New York Times – Farah Stockman | Published: 1/15/2018

The Women’s March a year ago aimed to start a movement of women from all walks of life who would continue their activism long after they had gone home. In many ways, that goal has been realized. Thousands of women threw themselves into activism for the first time in their lives, especially in red states where the events provided a rare chance to build a network of like-minded people. But as the movement evolves, differing priorities and tactics have emerged among the women, nearly all of them unpaid and spread across the country. Now, on the eve of the anniversary, a rift is emerging between two groups. The split has raised questions about who can claim the mantle of the Women’s March, and the funding and press attention that goes with it.

Federal:

House Judiciary Advances Foreign Lobby Overhaul
Roll Call – Kate Ackley | Published: 1/17/2018

The House Judiciary Committee approved a bill that would tighten oversight of lobbyists who work for foreign governments or companies. The committee voted to give the Department of Justice additional powers to enforce rules requiring lobbyists to register under the Foreign Agents Registration Act (FARA). The bill would also close loopholes in FARA and require the Justice Department to develop a strategy for enforcing the law. Critics have argued that FARA reporting requirements are unclear and contain loopholes that allow American lobbyists to avoid disclosure of their foreign clients.

Trump’s Inauguration Money Is Still Missing One Year After His Administration Took Control of the White House
Newsweek – Linley Sanders | Published: 1/18/2018

Almost one year after President Trump took the oath of office, millions of dollars from his leftover inauguration funds have still not been donated to the charities they were promised to. Trump’s inauguration committee raised a record-breaking $107 million as his administration prepared to assume the White House last year, but very little has been disclosed about where the remaining money was allocated. A watchdog group is questioning why the funds disappeared, and a member of Congress is proposing legislation to keep future administrations from obscuring their own inaugural donations.

From the States and Municipalities:

California – Lavish Bash for California Politicians and Lobbyists Gets a #MeToo Makeover
CALmatters.org – Laurel Rosenhall | Published: 1/17/2018

For more than a decade, California’s extravagant Back to Session Bash was a place to let loose. Debauchery at the party, insiders joked, ended at least one career annually. But with the Capitol reeling from accusations of sexual harassment and assault that have caused two legislators to resign and a third to take a leave of absence, the mood at the party this month was more subdued. Many wore black, a statement inspired by Hollywood actresses to highlight efforts to stop sexual misconduct.

Delaware – Lobbyists Given a Space of Their Own in Legislative Hall
Wilmington News Journal – Scott Gross | Published: 1/10/2018

Lobbyists have been offered a dedicated room at Delaware’s Legislative Hall on a trial basis. Senate President Pro Tempore David McBride announced that the state’s more than 300 registered lobbyists could use a conference room on the second floor of the statehouse, in an effort to clear out public space. McBride says lobbyists have long “camped out in the hallways, taking up couches and space” designed for citizens’ use. Senate Republicans expressed frustration, with Minority Leader Greg Lavelle questioning the need for a “comfort station” for lobbyists.

Maine – Maine Republican Party Promoting ‘Fake News’ Sites That Target Democrats
Portland Press Herald – Brian MacQuarrie (Boston Globe) | Published: 1/15/2018

Fake news – misleading stories that have mushroomed in the age of social media and that became Internet fodder during the 2016 presidential election – has found a way into Maine politics, Democrats say. Of even more concern to some Democrats: it appeared the GOP was working directly with an anonymous conservative website called the Maine Examiner, which ran a series of negative stories against Democrat Ben Chin in the runoff election for Lewiston mayor.

Minnesota – Minnesota GOP Leader Seeks Cut of Big Donations
Federal News Radio – Kyle Potter (Associated Press) | Published: 1/17/2018

Jennifer Carnahan, the new chairperson of Minnesota’s Republican Party, is seeking a 10 percent commission from large donations to the party. Campaign finance experts said they have never heard of such an arrangement. And it risks upsetting major GOP donors and activists by diverting critical resources from a party that has struggled with debt for much of the last decade, even as it prepares for two U.S. Senate elections, a wide-open race for governor, and four or more competitive congressional elections.

Missouri – Lobbyist Gift Restriction Launched from Missouri House to Senate
St. Louis Post-Dispatch – Jack Suntrup | Published: 1/17/2018

The Missouri House passed a bill that restricts lobbyist gifts to lawmakers. It now goes to the Senate, which has defeated such legislation in the past. House Bill 1303 would ban lobbyist expenditures on individuals save for customary gifts such as flowers. It would also exempt events in which every member of the Legislature is invited.

Montana – Montana Secretary of State Sends Email Criticizing Mainstream Media to 130,000 People
Helena Independent Record – Holly Michels | Published: 1/17/2018

An email sent to thousands of Montanans by Secretary of State Corey Stapleton stirred up discussion over how state resources were used to disseminate the message. The email, sent to 130,000 business owners and subscribers through an e-blast system using state funds and resources, has a subject line that reads “Be Careful What Gets Your Attention” and says there “is one huge problem with mainstream media in America.” Stapleton said the email was not in response to any specific news coverage or event, either nationally or in Montana.

New Mexico – Lobbyist Transparency Takes a Nosedive
New Mexico In Depth – Marjorie Childress and Melorie Bagey | Published: 1/13/2018

What money buys in Santa Fe is a pressing question these days in New Mexico, where in the past three years, a former secretary of state has pleaded guilty to embezzlement and a former state senator has been convicted of bribery. Over the last seven or eight years, due to public pressure following an earlier series of scandals, the New Mexico Legislature seemed to be opening the doors slightly on how decisions are made. So, it was a bit of a surprise when during the 2016 legislative session state lawmakers reduced the amount of money spent by lobbyists and their employers that has to be publicly disclosed.

South Carolina – South Carolina Lawmakers Overseeing Regulators Were Also Wined and Dined by Utility Companies
Charleston Post and Courier – Andrew Brown | Published: 1/13/2018

Years before South Carolina was saddled with two failed nuclear reactors, utility companies hosted “appreciation dinners” for the lawmakers who pick the state’s seven utility regulators.  The social affairs were held at top-end restaurants in cities across the country, with the state’s largest utilities lavishing some of the Legislature’s most influential lawmakers. All of these lawmakers were on the Public Utilities Review Committee. That little-known panel selects and oversees the commissioners who decide how much residents pay for water, gas, and electricity.

Tennessee – Tennessee Legislature’s New Home Is Less ‘Middle School,’ More ‘Corporate’
Chattanooga Times Free Press – Andy Sher | Published: 1/15/2018

In December, Tennessee lawmakers left their home in the Legislative Plaza complex to take up residence in the Cordell Hull State Building, newly renovated at a cost of $126 million. Legislative Plaza, and adjoining space in the War Memorial Building, was where lawmakers had offices and where committees did much of their work, shaping legislation that later was passed in the actual House and Senate chambers, located in the Capitol. But for all of its faults, including leaks from water fountains on the park-like plaza above, the old Legislative Plaza had more of an intimate feel, according to some lawmakers, staffers, and lobbyists.

Wisconsin – As Senate Vote Nears, State Ethics Chief Blasts Former Government Accountability Board as Partisan, Inconsistent
Wisconsin State Journal – Mark Sommerhauser | Published: 1/18/2018

Brian Bell, the administrator of the Wisconsin Ethics Commission, said he left the Government Accountability Board in 2015 because it enforced the law unevenly and one of its top attorneys, Democrat Shane Falk, “displayed open partisanship.” The denunciation comes as the state Senate is poised to vote on the confirmations of Bell and the state Elections Administrator, Mike Haas. Watchdogs signaled they may go to court over whether legislators can forcibly remove the administrators.

Wisconsin – State Report: Nearly 15 percent of Wisconsin lobbyists lobbied without authorization
Wisconsin State Journal – Mark Sommerhauser | Published: 1/10/2018

A Wisconsin Ethics Commission audit has determined that more than 14 percent of the state’s lobbyists may be engaging in unauthorized lobbying. The commission released its report without naming any of the potential violators. It planned to contact the 78 lobbyists identified for an explanation. Attorney Mike Wittenwyler who represents lobbyists told the commission before the report was released that the problems may be due to paperwork and process, not ill intent. The report also found that of the 691 registered interest groups that employ lobbyists, 74 appeared to have engaged in unauthorized lobbying.

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.

National:

These Are the Only Two States That Don’t Require Lawmakers to Disclose Finances
Center for Public Integrity – Kristian Hernandez | Published: 1/8/2018

Despite ongoing efforts to bring about reform, Michigan and Idaho are the last remaining holdouts among states that do not require lawmakers to disclose anything about their personal finances. While watchdogs say this sort of personal financial disclosure is a crucial tool for holding lawmakers accountable to the public, the prospects for change in Boise and Lansing are uncertain at best.

Federal:

Lobbyists Have a New Secret Weapon
Bloomberg.com – Alexandra Stratton | Published: 1/10/2018

While the face of lobbying is often a government relations executive trekking the halls of Capitol Hill armed with talking points, attending luncheons, and writing op-eds, the hidden side of the business entails hours of research and grunt work. And despite the billions of dollars that corporations pour into lobbying efforts each year, the work has remained relatively low-tech. Part of the problem is knowing how to sift through reams of information. Alex Wirth co-founded Quorum Analytics in his Harvard dorm room. The idea was to give lobbyists the tools to automate some of the more rote, labor-intensive parts of their work. Wirth claims Quorum has built the world’s most comprehensive database of legislative information.

Obstruction Inquiry Shows Trump’s Struggle to Keep Grip on Russia Investigation
MSN – Michael Schmidt (New York Times) | Published: 1/4/2018

Special Counsel Robert Mueller is aware of an unsuccessful attempt by President Trump to lobby Attorney General Jeff Sessions not to recuse himself from the Justice Department’s Russia inquiry. The New York Times reported Trump had ordered White House Counsel Don McGahn to stop Sessions from recusing himself from oversight of the probe into Russian interference in the 2016 election. The reported attempt to have a political ally maintain control of an investigation into his associates would add to a list of possible examples of Trump seeking to influence the Justice Department, and opening himself up to potential obstruction of justice claims.

From the States and Municipalities:

Arizona – A Sexist Culture Endures at Arizona Capitol, Insiders Say
Arizona Republic – Yvonne Wingett Sanchez and Dustin Gardiner | Published: 1/7/2018

The Arizona Republic interviewed more than 40 women and men – including lobbyists, lawmakers, and policy advisers – about their experiences working at the Arizona Legislature. The interviews elicited anger, tears, or dispassionate frustration with what has long been the status quo. From those interviews, a portrait emerged of a coarse, male-dominated and often sexist culture that permeates the workdays and the social gatherings that define a legislative session. The stories they told, independently of each other, showed an often unhealthy workplace – one where women and men are conditioned to try to capitalize on the physical appearances of women to advance a cause.

Illinois – Investigation Details Secretive Contacts with Lobbyist on $2 Billion Illinois Lottery Contract
Chicago Tribune – Joe Mahr and Matthew Walberg | Published: 1/4/2018

A top staffer for the Illinois Lottery failed to disclose her relationships and contact with lobbyists for a firm that was bidding for a contract to manage the lottery, a state investigation found. The lack of disclosure led the state’s top contract officer to suspend the contract with the British lottery firm Camelot, potentially worth at least $2 billion. Illinois reinstated the contract recently after an investigation by an outside law firm determined the lapses were not significant enough to affect the fairness of the bidding process.

Iowa – A Lobbyist Got Married in the Iowa House, and a Portrait of Donald Trump Was Removed Before the Ceremony
Des Moines Register – Jason Noble | Published: 1/4/2018

The marriage ceremony of a prominent statehouse lobbyist in the Iowa House chamber last year has ruffled feathers at the Capitol. The ceremony was not approved in advance by House Speaker Linda Upmeyer, and photographs later revealed a portrait of President Trump that hangs behind the chamber dais had been removed while the vows were exchanged. “We’ve had a conversation about what’s appropriate for the chamber and what is not, and that falls into the what-is-not category,” Upmeyer said.

Kansas – Awkward: Brownback said he was leaving as Kansas governor. He hasn’t
New York Times – Julie Bosman | Published: 1/8/2018

Kansas Gov. Sam Brownback appointment as the Trump administration’s as ambassador at large for international religious freedom was announced in July. Lt. Gov. Jeff Colyer was widely expected to succeed Brownback and kick off the 2018 legislative session. But as lawmakers began meeting in the Capitol for the start of the session, Brownback was still the governor. And there is no certainty about when he might actually depart this stage. Some Kansans said it was not entirely clear who was truly in charge of the state, and for how long.

Kentucky – Kentucky House Speaker Lashes Out in Resignation Speech after Sexual Harassment Settlement
Washington Post – Derek Hawkins | Published: 1/9/2018

In an emotional speech, Rep. Jeff Hoover resigned as Kentucky House speaker following weeks of turmoil over a sexual harassment scandal. Hoover had promised to step down in November after it was reported he had secretly settled a sexual harassment claim with a woman on his staff. In remarks lasting more than 20 minutes, Hoover portrayed himself as the victim of a wide-ranging conspiracy to oust him from power, accusing the governor and fellow lawmakers of lying about his actions. With his wife watching from the balcony, he acknowledged trading inappropriate texts with the staffer, but denied any misconduct, saying while the messages were ill-advised, they were consensual.

Maryland – Feds: Indicted Baltimore state senator confessed to taking cash payments
Baltimore Sun – Justin Fenton | Published: 1/5/2018

Federal prosecutors revealed in new court documents that indicted Maryland Sen. Nathaniel Oaks confessed to taking cash payments in exchange for official business before cooperating with the FBI and upending another bribery investigation. While the U.S. attorney’s office says Oaks confessed both to taking cash payments and to interfering with an investigation, he has pleaded not guilty and has a trial scheduled for April, right after the legislative session concludes.

Missouri – Greitens Admits Affair but Denies Related Blackmail Allegation
St. Louis Post-Dispatch – Kevin McDermott, Jack Suntrup, and Celest Bott | Published: 1/11/2018

Missouri Gov. Eric Greitens admitted he had an extramarital affair in 2015, when he was considering a run for governor. But he denied allegations he tried to blackmail the woman into silence. A report on a St. Louis television station featured an interview with the ex-husband of Greitens’ mistress, who had secretly recorded his then-wife confessing the affair to him before they divorced. A lawyer for the governor denied the sensational allegations that Greitens threatened to distribute naked photos he took of the woman if she ever disclosed the affair.

North Carolina – NC Congressional Districts Struck Down as Unconstitutional Partisan Gerrymanders
Raleigh News and Observer – Anne Blythe | Published: 1/9/2018

A three-judge federal panel struck down North Carolina’s congressional map as an unconstitutional partisan gerrymander, giving the state Legislature until January 24 to adopt a new map and potentially throwing this year’s elections into chaos. The panel said if the General Assembly fails to enact a new map, a special master will be appointed to draw the districts. The judges ruled the remedial map violated the equal protection clause when GOP legislative leaders drew the maps with an explicit conservative bias in an effort to favor Republican candidates.

Oregon – Oregon Ethics Commission Rebukes Cylvia Hayes for ‘Blatant Disregard of Ethics Laws
Portland Oregonian – Hillary Borrud | Published: 1/5/2018

Former First Lady Cylvia Hayes committed 22 ethics violations stemming from the misuse of her public position for financial gain, the Oregon Government Ethics Commission decided. Each violation could carry a maximum fine of $5,000. The commission also could require Hayes to forfeit up to twice the amount she earned from contracts received because of her access to top government officials. While the findings of this inquiry focused on Hayes, commissioners said they should also be considered in the ongoing case against former Gov. John Kitzhaber since the violations often involved his actions. The commission rejected a proposed settlement with Kitzhaber because they wanted a more detailed investigation and the proposed fine of $1,000 was too small.

Washington – Spokane City Council Overrides Condon Veto of Campaign Finance Reporting Law
Spokane Spokesman-Review – Kip Hill | Published: 1/8/2018

The Spokane City Council overrode Mayor David Condon’s veto of a campaign finance ordinance. The new law requires political committees spending on behalf of candidates to reveal their top five donors. The measure also halves the amount any person or entity can give a political candidate in Spokane compared to the rest of the state. Councilperson Mike Fagan took issue with what he said were elements of the law that disadvantaged conservative politicians, chief among them the prohibition for firms that do business with the city for greater than $50,000 to give to local candidates, while public bargaining units may continue to give freely though they must disclose those donations on contracts.

Wisconsin – State Ethics Commission Finalizing Audit of Possible Lobbying Violations
Wisconsin State Journal – Mark Sommerhauser | Published: 1/5/2018

The Wisconsin Ethics Commission is finalizing an audit of whether lobbyists and principals violated disclosure requirements, the findings of which may be released at its next public meeting. Commission staff began the audit after noticing a trend of lobbyists and lobbying groups that had not complied with registration or authorization requirements. Commission Administrator Brian Bell said types of potential violations examined in the audit generally fall into two groups: lobbyists and principals that inadvertently failed to follow requirements, and those who may have engaged in so-called shadow lobbying, in which someone knowingly lobbies public officials without registering.

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.

National:

‘Fake News’: Wide reach but little impact, study suggests
New York Times – Benedict Carey | Published: 1/2/2018

Fake news evolved from Internet sideshow to serious electoral threat so quickly that behavioral scientists had little time to answer basic questions about it. But now the first hard data on fake-news consumption has arrived. Researchers posted an analysis of the browsing histories of thousands of adults during the run-up to the 2016 election, a real-time picture of who viewed which fake stories, and what real news those people were seeing at the same time. The reach of fake news was wide indeed, the study found, yet also shallow.

Partisans, Wielding Money, Begin Seeking to Exploit Harassment Claims
New York Times – Kenneth Vogel | Published: 12/31/2017

As the #MeToo movement to expose sexual harassment roils the nation’s capital, political partisans are exploiting the moment, raising hundreds of thousands of dollars to support accusers who come forward with charges against President Trump and members of Congress, even amid questions about their motivation. As accusations take on a partisan tint, activists and lawyers fear such an evolution could damage a movement that has shaken Hollywood, Silicon Valley, and Congress – and has taken down both a Democratic fundraiser, Harvey Weinstein, and a conservative stalwart, Bill O’Reilly.

The Modern Campaign-Finance Loophole: Governors Associations
MSN – Susan Pulliam and Brody Mullins (Wall Street Journal) | Published: 1/2/2018

Companies have found a loophole in state campaign finance rules by funneling donations through the Republican Governors Association (RGA) and its Democratic counterpart. Donors cannot earmark money for a candidate. Instead, they can simply – and legally – tell the groups they have “an interest” in a race or are contributing “at the request” of a candidate. Companies can give unlimited sums to outside groups that support candidates, but those contributions are generally disclosed. Corporate donations to the governors’ associations are also disclosed, but once the money is given to campaigns or organizations supporting them, it is labeled as coming from the RGA or the Democratic Governors Association.

Federal:

How the Russia Inquiry Began: A campaign aide, drinks and talk of political dirt
New York Times – Sharon LaFraniere, Mark Mazzetti, and Mat Apuzzo | Published: 12/30/2017

The hacking of Democratic emails and the revelation that a member of Donald Trump’s campaign, George Papadopoulos, may have had inside information about it were driving factors that led the FBI to open an investigation into Russia’s attempts to disrupt the election and whether any of Trump’s associates conspired. If Papadopoulos, who pleaded guilty to lying to the FBI, was the improbable match that set off a blaze that has consumed the first year of the Trump administration, his saga is also a tale of the Trump campaign in miniature. He was brash, boastful, and underqualified, yet he exceeded expectations. And, like the campaign itself, he proved to be a tantalizing target for a Russian influence operation.

Trump Disbands Commission on Voter Fraud
New York Times – Michael Tackett and Michael Wines | Published: 1/3/2018

President Trump announced he is disbanding a controversial panel studying alleged voter fraud that became mired in multiple federal lawsuits and faced resistance from states accusing it of overreach. The decision is a major setback for Trump, who created the commission last year in response to his claim, for which he provided no proof, that he lost the popular vote to Hillary Clinton in 2016 because of millions of illegally cast ballots. The commission met only twice amid the series of lawsuits seeking to curb its authority and claims by Democrats that it was stacked to recommend voting restrictions favorable to the president’s party.

From the States and Municipalities:

California – L.A. Could Exempt Many Nonprofits from Revealing Lobbying
Los Angeles Times – Emily Alpert Reyes | Published: 12/31/2017

Los Angeles requires people who are paid to try to influence city officials on municipal legislation to register and turn in regular reports on their spending. But it currently exempts some nonprofits from having to register and report their lobbying. The Ethics Commission recommended the city expand its current exemption, allowing any 501(c)(3) organization that gets less than $2 million in total income annually to avoid registering. The commission also recommended exempting any 501(c)(3) nonprofits that were formed primarily to provide assistance to disadvantaged people at reduced rates, no matter how much money they took in.

Florida – Tallahassee Commission Approves Separation Package for City Manager
Tallahassee Democrat – Jeffrey Schweers | Published: 1/3/2018

The Tallahassee City Commission accepted the resignation of City Manager Rick Fernandez. He was on paid administrative leave since November following an investigation by the Florida Commission on Ethics. He was accused of accepting football tickets to a Florida State University football game and receiving a $5,000 catering discount from the city-backed restaurant, The Edison. The tickets were arranged by a lobbying firm owned by Adam Corey, who also owns The Edison. Corey is one of several individuals named in federal subpoenas exploring dealings between the city Community Redevelopment Agency and several high-profile businesspeople.

Massachusetts – Pro-Charter School Group Fined for Hiding 2016 Campaign Donors including Mitt Romney’s Campaign
MassLive – Shira Schoenberg | Published: 1/2/2018

Massachusetts campaign finance officials have required a group that funneled large donations to 2016 ballot questions regarding charter schools and marijuana legalization to disclose the identity of their donors. Officials said Strong Economy for Growth raised and spent $1,168,000 to support the ballot questions. The Office of Campaign and Political Finance required Strong Economy for Growth to form a ballot question committee, disclose its donors, and pay $31,000 to the state for violating campaign finance laws – all the money left in its bank account. The group also agreed not to engage in any election-related activity in Massachusetts through 2018.

Michigan – FBI Wiretaps Reveal How Towing Titan Fiore Built His Empire
Detroit Free Press – Tresa Baldas and Keith Matheny | Published: 12/29/2017

Towing company owner Gasper Fiore was so politically connected that his daughter last year helped write an amendment to the Michigan Department of Transportation budget that ensured his company would win a multimillion-dollar contract, federal documents show. In wiretap evidence, the FBI offers a glimpse into how the Fiore built his towing empire by currying favor with high ranking officials across southeast Michigan. While Fiore has admitted to bribing just one Macomb County official, the FBI says he was in cahoots for years with many, from state lawmakers to police officials to a Detroit councilperson who was dating his daughter.

Missouri – Ethics Complaint Against Big Missouri Campaign Donor is Dismissed
Kansas City Star – Jason Hancock | Published: 1/2/2018

The Missouri Ethics Commission said it “finds no reasonable grounds” to believe businessperson David Humphreys violated state law governing lobbyists and the principals who employ them. State Rep. Mark Ellebracht filed the complaint against Humphreys, who along with his family donated more than $14 million to mostly Republican candidates and campaigns in 2016. At the center of the complaint was Paul Mouton, who was fined last year for illegally lobbying lawmakers on Humphreys behalf without registering.

New York – Howe Emailed Cuomo Officials on Private Accounts
Albany Times Union – Chris Bragg | Published: 12/30/2017

In the years before he pleaded guilty to federal corruption charges, lobbyist Todd Howe regularly emailed top officials in New York Gov. Andrew Cuomo’s administration about government business using their personal email accounts. The use of private email for public business would violate official state policy, and is contrary to Cuomo administration directives to conduct state business on state email accounts, to avoid the perception of an intent to hide communication from the public.

Oregon – Oregon Ethics Report Reveals New Details of How Cylvia Hayes Used Her Position to Profit
Portland Oregonian – Hillary Borrud | Published: 1/4/2018

Former Oregon First Lady Cylvia Hayes violated state ethics laws by using her position for the financial benefit of herself and her business, failing to avoid conflicts-of-interest, and receiving a gift of greater than $50, according to an investigation. Her fiancé, former Gov. John Kitzhaber, resigned in 2015 amid influence peddling allegations related to her contracting. He faces an ongoing inquiry by the state’s ethics watchdog agency. The Oregon Government Ethics Commission will vote whether to agree with the recommendation that violations took place. If so, Hayes will have the opportunity to appeal the ruling.

South Carolina – Golf, Beaches and Power: How utilities wine and dine the public officials that set your rates
Charleston Post and Courier – Andrew Brown | Published: 12/30/2017

Travel and other records reveal how South Carolina’s public service commissioners frequently eat, drink, and play golf with the people they regulate. They also show how on trip after trip, commissioners failed to properly report these as gifts as required under state ethics laws. Selected by state lawmakers, these regulators serve four-year terms and earn more than $100,000. They are supposed to be impartial, balancing the needs of utilities to make fair returns on investments with the rights of customers to pay fair rates. But the analysis of state travel records paints a picture of cozy gatherings and opportunities for influence-peddling.

Virginia – A Random Drawing Out of a Bowl Helped Republicans Win a Tied Virginia Election.
Washington Post – Laura Vozella | Published: 1/4/2018

An official of the Virginia State Board of Elections pulled out the name of Republican David Yancey from a bowl, breaking a tied race that is pivotal to control of the House of Delegates. The outcome means the House remains narrowly in the GOP hands, 51 seats to 49. The spectacle drew national attention as an odd way to decide a highly consequential contest. But it might not be the last word in the saga.

Washington – With Veto of City Council Ordinance, Condon Says Campaign Finance Better Left to the State
Spokane Spokesman-Review – Chad Sokol | Published: 12/29/2017

Spokane Mayor David Condon said he would veto a campaign finance ordinance passed by the city council that would impose new reporting requirements and halve the maximum amount a candidate can receive from any single donor. The mayor said he supports certain efforts to curb the role of “dark money” in politics. But he said the issue is better managed at the state level and predicted the proposed ordinance would not stand up to constitutional challenges.

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.

National:

‘Fake News,’ Trump’s Obsession, Is Now a Cudgel for Strongmen
New York Times – Steven Erlanger | Published: 12/12/2017

Around the world, authoritarians, populists, and other political leaders have seized on the phrase “fake news,” and the legitimacy conferred upon it by an American president, as a tool for attacking their critics and, in some cases, deliberately undermining the institutions of democracy. Though the term has been around at least since the 1890s, Donald Trump is most responsible for making it a part of the current global conversation. Social media, with its huge reach and its vulnerability to manipulation, has helped to amplify criticism from political leaders and undermine trust in traditional journalism.

For Female Lobbyists, Harassment Often Accompanies Access
New York Times – Trip Gabriel and Julie Bosman | Published: 12/8/2017

Charges of harassment are cascading through statehouses across the country, leading to investigations, resignations of powerful men, and anguish over hostile workplaces for women that for years went unacknowledged. Amid this reckoning, one group of victims has stood apart: lobbyists. Part of a frequently disparaged profession, female lobbyists have emerged as especially vulnerable in Legislatures and in Congress because, unlike government employees, they often have no avenue to report complaints and receive due process. Lobbyists who have been harassed are essentially powerless in their workplaces, all-dependent on access to mostly male lawmakers for meetings and influence to advance legislation and earn their living.

State Lawmakers Blur Line Between Public, Personal Interests
Center for Public Integrity – Ryan Foley (Associated Press) and Liz Essley Whyte | Published: 12/6/2017

State lawmakers around the country have introduced and supported policies that directly and indirectly help their own businesses, their employers, and sometimes their personal finances. The Associated Press and the Center for Public Integrity and found numerous examples in which lawmakers’ votes had the effect of promoting their private interests. Even then, the votes did not necessarily represent a conflict-of-interest as defined by the state. That is because Legislatures set their own rules for when lawmakers should recuse themselves. In some states, lawmakers are required to vote despite any ethical dilemmas. Many legislators defend votes that benefit their businesses or industries, saying they bring important expertise to the debate.

Federal:

‘Journalism for Rent’: Inside the secretive firm behind the Trump dossier
Washington Post – Jack Gillum and Shawn Boburg | Published: 12/11/2017

Fusion GPS bills itself as a corporate research firm, but in many ways, it operates with the secrecy of a spy agency. The small firm has been under public scrutiny for producing the document known as the Trump dossier. Senior executives summoned to testify before Congress invoked their right against self-incrimination, and the firm is resisting a congressional subpoena for bank records that would reveal who has paid for its services. But hundreds of internal company documents reveal how Fusion has used investigative reporting techniques and media connections to advance the interests of a range of clients on Wall Street, in Silicon Valley, and in the nation’s capital. The firm has played an unseen role in stories that dominated headlines in recent years.

Doubting the Intelligence, Trump Pursues Putin and Leaves a Russian Threat Unchecked
Washington Post – Greg Miller, Greg Jaffe, and Philip Rucker | Published: 12/14/2017

Nearly a year into his presidency, Donald Trump continues to reject the evidence that Russia waged an assault on a pillar of American democracy and supported his run for the White House. The result is without obvious parallel in U.S. history, a situation in which the personal insecurities of the president – and his refusal to accept what even many in his administration regard as objective reality – have impaired the government’s response to a national security threat. Rather than search for ways to deter Kremlin attacks or safeguard U.S. elections, Trump has waged his own campaign to discredit the case that Russia poses any threat and has resisted or attempted to roll back efforts to hold Moscow to account.

Foreign Lobbyists Contributed More Than $4.5 Million to Candidates in 2016 Elections
MapLight – Andrew Perez, David Sirota, and Jay Cassano | Published: 12/4/2017

During the last election, lobbyists for foreign governments gave more than $4.5 million to federal lawmakers and candidates. Foreign lobbyists and their firms’ PACs were also responsible for bundling $5.9 million in donations for candidates and party committees. Because the contributions come from foreign governments’ U.S.-based lobbyists, they effectively circumvent American laws designed to bar direct foreign donations. Under federal law, foreign nationals are banned from donating to any federal, state, or local campaigns, or political parties. But foreign governments frequently hire U.S. citizens to represent their interests, and those people face no such contribution ban.

From the States and Municipalities:

Colorado: Taxpayer Groups File Suit Against Denver to Prevent Disclosure of Nonprofits’ Donors in Election Spending
Denver Post – Jon Murray | Published: 12/13/2017

A lawsuit filed by the Goldwater Institute on behalf of two conservative groups says changes to the campaign finance law approved by the Denver City Council in September violate free speech provisions. The ordinance requires clubs, associations, corporations, and groups that advocate for or against local ballot measures to meet the disclosure requirements of issue committees once they raise and spend at least $500. Once it passes that threshold, an issue committee must identify by name and address each donor who gave $50 or more within that calendar year. The legal challenge, in targeting disclosure requirements’ impact on nonprofit groups, raises an issue that goes back more than a decade in Colorado, pitting donor privacy against the interest of campaign transparency.

Florida: Women in Florida Politics Fear #MeToo Moments Will Backfire
Miami Herald – Mary Ellen Klas | Published: 12/11/2017

Female staffers and lobbyists who returned to the Florida Capitol for pre-session meetings, discovered many male legislators will no longer meet with them privately. Accustomed to Tallahassee’s Southern culture, where men and women casually and routinely greet each other with hugs, legislators are doing an awkward dance to replace a hug with a handshake. And the fear of retaliation, against women who brought forward allegations or those who may in the future, is as raw as the fear that lawmakers’ political enemies could turn sexual harassment claims into new weapons.

Indiana: Council Defeats Pay-to-Play Veto
Fort Wayne Journal Gazette – Dave Gong | Published: 12/13/2017

The Fort Wayne City Council overrode Mayor Tom Henry’s veto of a “pay-to-play” ordinance that city officials say likely runs afoul of state and federal law. The ordinance limits corporate campaign contributions to elected city officials to $2,000 per calendar year. Donations from any employee who owns more than seven-and-one-half percent of a firm, as well as contributions from that employee’s spouse or live-in children, would count toward that limit. Any firm that exceeds that limit would be barred from bidding on city contracts.

Kentucky: Law Which Prohibits Legislators Accepting ‘Anything of Value’ from Lobbyists Has Been Ruled Unconstitutional by U.S. District Court Judge
Spectrum News – Don Weber | Published: 12/7/2017

U.S. District Court Judge William Bertelsman issued a final order on his June ruling that found Kentucky’s legislative ethics prohibition on gifts and campaign contributions from lobbyists is unconstitutional. Bertelsman, who ruled the laws were too vague to be enforced and violated lobbyists’ freedom of speech, issued a final order which included an injunction telling the Legislative Ethics Commission that it could not enforce the unconstitutional rules. In response to the final order, the Kentucky Chamber announced plans to file an amicus brief along with other business groups urging the appeal of the ruling.

Maryland: Supreme Court Will Take Up a Second Gerrymandering Case This Term
Washington Post – Robert Barnes | Published: 12/8/2017

The U.S. Supreme Court added a second partisan gerrymandering case to its docket, suggesting the justices are seriously considering whether voting maps warped by politics may sometimes cross a constitutional line. The court has never struck down a voting district as an unconstitutional partisan gerrymander. A ruling allowing such challenges could reshape American politics. The earlier case, from Wisconsin, was argued in October. The new case, a challenge to a Maryland congressional district, differs from the first case in several ways. It was brought by Republican voters rather than Democratic ones; it is focused on a single district rather than a statewide map; and it relies solely on the First Amendment rather than a legal theory that includes equal protection principles.

Minnesota: Smith to Take Franken’s Senate Seat, Run in 2018
Minnesota Public Radio – Brian Bakst and Tim Pugmire | Published: 12/13/2017

Minnesota Gov. Mark Dayton chose Lt. Gov. Tina Smith to take over Al Franken’s seat in the U.S.  Senate, keeping a Democrat in the seat for now but setting the stage for a freewheeling 2018 election that could shift the balance of power in Minnesota and in Washington. Franken had announced he would resign after being accused by women of sexual misconduct. Smith will serve as senator until at least next fall, when voters are expected to choose a candidate to fill the remaining two years of Franken’s term. Smith also said she plans to run for the office in that 2018 election.

Missouri: Lobbyist Play Part, Spend Cash in Jefferson City
Kirksville Daily Express – Jason Hunsicker | Published: 12/11/2017

The role of lobbyists in the Missouri Legislature has grown over the last two decades from advocating for businesses, organizations, and causes to include the education of elected officials because of term limits. Their role also includes spending money on lawmakers. Some argue the expenditures lead to undue influence, or at least that perception, which has led in recent years to the introduction of various measures that would reform how lobbyists interact with lawmakers. Lobbyist Michael Gibbons estimated 80 percent of the work lobbyists do is educating lawmakers on issues, from the history of a proposal to how it impacts and relates to various groups across the state.

South Carolina: Rep. Rick Quinn Pleads Guilty in S.C. Corruption Case in Deal That Drops Charges for Kingpin Father
Charleston Post and Courier – Seanna Adcox and Glenn Smith | Published: 12/13/2017

State Rep. Rick Quinn resigned from the South Carolina House and entered a guilty plea to one count of misconduct in office. His plea is part of a deal in which charges against his father, political consultant Richard Quinn, were dropped. But Richard Quinn’s firm will pay a $3,000 fine for failing to register as a lobbyist. The elder Quinn also agreed to testify before a grand jury. Prosecutors alleged Richard Quinn & Associates was paid millions of dollars by some of South Carolina’s most prominent companies and institutions to illegally push bills in the General Assembly. Rick Quinn was secretly and illegally paid some of that money to use his position as a lawmaker to advocate for the proposals, prosecutors said.

Washington: PDC Complaints Becoming Weapons in Political Wars
Spokane Spokesman Review – Jim Camden | Published: 12/10/2017

Some 45 years ago, Washington voters got so tired of hidden money in questionable campaigns that they overwhelmingly approved an initiative with rules on campaign giving and spending. They also set up a commission to make sure the rules were followed. Now those rules are being used by citizen activists and political parties as weapons against their adversaries. Complaints are flooding both the Public Disclosure Commission and the Washington attorney general’s office, which can also investigate and sanction candidates or campaigns for violations.

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.

National:

Gerrymandering Opponents Turn to Ballot Initiatives to Redraw Lines
The Hill – Reid Wilson | Published: 11/28/2017

Advocates of radically overhauling partisan gerrymandering are increasingly looking to ballot initiatives to reform the redistricting process, in hopes of circumventing recalcitrant state Legislatures. Each initiative is unique to its own state, but all would strip the power to draw favorable district lines, the practice known as gerrymandering, from partisan lawmakers who zealously guard their ability to craft preferred terrain. Several national redistricting measures have been proposed in Congress, though none have gained traction.

Federal:

Foreign Lobbying Law Open to Exploitation
The Hill – Megan Wilson | Published: 11/28/2017

People who work for foreign government clients are subject to the Foreign Agents Registration Act (FARA), a World War II-era law. Requirements for FARA registration are broad, covering anyone who engages in lobbying or public relations for a foreign government-connected client. Communications with media, government officials and staff, and think tank experts must be disclosed every six months. But to a large extent, the foreign agent disclosure rules operate on what essentially amounts to an honor system. The FARA Unit in the National Security Division of the Justice Department is notoriously understaffed and underfunded despite being tasked with policing the hundreds of registrants who file, and those who do not.

Nevada Senator Wants to Close Tax Deduction Loophole for Lobbyists
Las Vegas Review-Journal – Gary Martin | Published: 11/28/2017

U.S. Sen. Catherine Cortez Masto plans to file legislation that would close a loophole used by corporate lobbyists influencing policy on the local level. Under the current tax code, lobbyists and businesses are prohibited from deducting their expenses when they try to sway federal and local lawmakers. But those expenses are deductible when lobbying tribal, county, or local governments. Cortez Masto said her bill would end taxpayer subsidies for special interests “and closes a loophole that gives unnecessary tax breaks for lobbyists.”

Voters Lose Protest of Campaign-Contribution Ceilings
Courthouse News Service – Daniel Staples | Published: 11/29/2017

In a case brought by a Florida couple, a federal appeals court rejected a challenge to a campaign finance law that places limits on contributions in primary and general elections. In a lawsuit against the FEC, Laura Holmes and Paul Jost did not challenge the overall $5,200 contribution limit, but said they should have been able to write $5,200 checks to their candidates for the general election instead of splitting the amount between contributions for the primary and general elections. But the U.S. Court of Appeals for the District of Columbia Circuit rejected the arguments.

From the States and Municipalities:

Alabama: A Woman Approached The Post with Dramatic – and False – Tale About Roy Moore. She Appears to Be Part of Undercover Sting Operation.
Washington Post – Shawn Boburg, Aaron Davis, and Alice Crites | Published: 11/27/2017

The conservative organization Project Veritas, appears to have been get caught trying to pass false sexual misconduct allegations against Senate candidate Roy Moore to The Washington Post, extending its history of deploying deceptive tactics to try to ensnare news organizations in controversy. The Post reported that a woman who falsely told its reporters she had been impregnated by Moore as a teenager was seen entering the offices of Project Veritas in New York, seemingly tipping the group’s hand in its efforts to bait the newspaper into publishing uncorroborated accusations against Moore.

California: Adelanto Councilman’s Bribery Case Latest in Long History of City Corruption
San Bernardino Sun – Joe Nelson | Published: 11/24/2017

The city of Adelanto has dealt with scandals involving elected officials, members of its police force, and even an animal control supervisor. The U.S. Justice Department recently indicted Councilperson Jermaine Wright on charges of receiving a $10,000 bribe and attempting to burn down his restaurant to collect on a $300,000 insurance policy. The city’s remoteness, high poverty rate, and lack of government oversight all likely factor into its checkered past, said Jack Pitney, a professor of government at Claremont McKenna College.

Connecticut: Campaign Finance Laws Changed in New Budget
Connectict Post – Ken Dixon | Published: 11/21/2017

Two provisions in the new state budget signed by Gov. Dannell Malloy may make it easier for those in wealthier districts to run for the Connecticut General Assembly while putting time constraints on election regulators whose staffs in recent years have been targeted for reductions. One new law raises individual contributions for legislative and top-of-the-ticket candidates to $250, instead of the $100 limit approved in the 2005 campaign finance law. Another change puts a one-year limit on State Election Enforcement Commission investigations.

Connecticut: Federal Judge Upholds Law Barring Ganim from Public Financing
Connecticut Mirror – Mark Pazniokas | Published: 11/29/2017

A federal judge dismissed Bridgeport Mayor Joseph Ganim’s challenge to a Connecticut law that prevents him, as a politician convicted of corruption while in office, of obtaining public campaign financing. U.S. District Court Judge Michael Shea rejected Ganim’s claim that the restriction violated his constitutional right to free speech by putting him at a disadvantage against gubernatorial opponents who qualify for millions of dollars in taxpayer money. Ganim was convicted in 2003 for his role in a scheme in which businesspeople paid millions of dollars for city contracts. He served more than seven years in prison. Upon his release, Ganim won a sixth term as Bridgeport’s mayor, a term he is still serving.

Idaho: Bill Would Revise Campaign-Finance Regulations
Idaho Mountain Express – Peter Jensen | Published: 11/29/2017

Idaho lawmakers will reconvene in January, and they will hear a proposal to increase the state’s disclosure requirements for candidates. It would require elected officials and candidates for state, county, and city offices to file disclosure forms that identify sources of income, investments, and properties. There are provisions that would include internet and social-media websites in the definition of electioneering communication. Donations in support of campaigns for lawmakers, judges, and city and county offices are capped at $1,000 for a primary election, and $1,000 for a general election. For statewide offices, that cap is raised to $5,000. A plan to extend lobbying disclosure requirements to local governments was rebuffed.

Indiana: Council OKs Bill Limiting Contributions
Fort Wayne Journal Gazette – Dave Gong | Published: 11/29/2017

The Fort Wayne City Council approved an ordinance that bars contractors from bidding on city projects if they contribute more than $2,000 a year to an elected official’s campaign. The proposal would inhibit any company or company employee who owns more than a seven-and-a-half percent stake, as well as their spouses and live-in children, from donating more than an aggregate $2,000 per calendar year to an elected city official’s re-election campaign. That means the limit during a typical four-year election cycle is $8,000. Mayor Tom Henry has expressed opposition to the proposal.

Massachusetts: Ethics Commission Investigating Altered State Police Report
Boston Globe – Andrea Estes | Published: 11/24/2017

The Massachusetts Ethics Commission is investigating why the former State Police colonel allowed the arrest report of a judge’s daughter to be altered. That scrubbed report led to the early retirements for the top two commanders of the State Police, as well as lawsuits filed by the two troopers who were asked to redact comments from the document. Anyone involved in changing the police report could face charges of violating the state conflict-of-interest law, which bars anyone from using an official position to get something for themselves or others that an ordinary person could not get.

New Mexico: Pearce Wins Court Order on Campaign Cash
Albuquerque Journal – Dan Boyd and Dan McKay | Published: 11/28/2017

U.S. Rep. Rep. Steve Pearce won access to $1 million he raised while in Congress to use in his run for New Mexico governor. A federal judge blocked enforcement of limitations on campaign transfers from Pearce’s federal campaign account to a state one. The preliminary injunction gave Pearce access to the campaign funds while underlying issues are litigated. The secretary of state’s office has said only $11,000 can be transferred by Pearce, based on a New Mexico law that limits campaign contributions to $5,500 in a primary election and again in the general election. Attorneys for Pearce contend Secretary of State Maggie Toulouse Oliver misinterpreted state law, effectively violating Pearce’s constitutional rights to free speech under the First Amendment.

New York: JCOPE Chair: Lobbying regulations will carry force of law
Albany Times Union – Chris Bragg | Published: 11/28/2017

The acting chairperson of the Joint Commission on Public Ethics (JCOPE) said “comprehensive lobbying regulations” crafted by its staff would indeed have the force and effect of law. The statement by Michael Rozen came after a hearing several weeks ago when JCOPE’s executive director, Seth Agata, had said a violation of the regulations “would not create a separate actionable violation of the law,” and were meant to “maximize guidance.”

Texas: What Do Clients Pay to Sway Austin City Council? Lobbyists Won’t Say.
Austin American-Statesman – Elizabeth Findell | Published: 11/29/2017

Regulations that took effect in June require lobbyists to disclose how much their clients are paying them to sway Austin officials, as they must report on the state and federal level. But at least 18 lobbyists who are also lawyers refused to complete the form on the grounds that their compensation is privileged attorney-client communication. The lobbyist reporting form asks for a ballpark range of payment. Their refusal to disclose compensation to City Hall appears to have been coordinated.

West Virginia: WV Chief Justice Has Court Employees Remove Missing Couch from His House
Charleston Gazette – Phil Kabler | Published: 11/28/2017

A day after The Charleston Gazette inquired about the whereabouts of a couch missing from West Virginia Supreme Court offices, Chief Justice Allen Loughry had court employees remove a leather couch from his home. Loughry said the couch was not state property and was purchased by late Justice Joe Albright, whose office Loughry took over when he was sworn in as a justice in December 2012. Loughry has been under fire for news reports regarding the Supreme Court spending $3.7 million to renovate offices, with expenses including a $32,000 couch and $7,500 floor medallion outlining the counties of the state in Loughry’s office.

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.