Federal:

Flynn Departure Erupts into a Full-Blown Crisis for the Trump White House
Washington Post – Karen DeYoung, Abby Phillip, and Jenna Johnson | Published: 2/14/2017

President Trump’s ouster of national security adviser Michael Flynn, and the circumstances leading up to it, have become a major crisis for the fledgling administration, forcing the White House on the defensive and precipitating the first significant breach in relations between Trump and Congress. Senate Majority Leader Mitch McConnell said it was “highly likely” the events leading to Flynn’s departure would be added to a broader probe into Russian meddling in the U.S. presidential election. Intercepts showed Flynn discussed U.S. sanctions in a phone call with the Russian ambassador, a conversation topic that Flynn first denied and then later said he could not recall. McConnell’s comments followed White House revelations that Trump was aware “for weeks” that Flynn had misled Vice President Pence and others about the content of his late December talks with Russian Ambassador Sergey Kislyak.

Report Shows ‘Untapped Power’ of Constituent Advocacy
Roll Call – Bridget Bowman | Published: 2/13/2017

The Congressional Management Foundation released a report highlighting more than a decade’s worth of its surveys that show how citizens can best influence lawmakers. According to the group’s research, citizens who show up in person and are well-prepared with facts and arguments can have a sizable impact on undecided legislators. But recent flare-ups at town hall meetings across the country have also demonstrated the impact of constituents who show up and make their voices heard. Bradford Fitch, one of the report’s authors, said phone calls and emails are not necessarily the most effective ways of communicating with legislators, and neither is a confrontation. “When you’re yelling, Congress isn’t listening,” Fitch said.

Trump Campaign Aides Had Repeated Contacts with Russian Intelligence
New York Times – Michael Schmidt, Mark Mazzetti, and Matt Apuzzo | Published: 2/14/2017

Intercepted calls and phone records show several aides and allies to President Trump’s campaign were in contact with senior Russian intelligence officials. Current and former U.S. officials who spoke with The New York Times said the contacts were discovered during the same time that intelligence agencies were investigating Russia’s extensive hacking campaign, later determined to be aimed at helping Trump win the White House. The agencies sought to learn whether the Trump campaign was colluding with the Russians on the hacking or other efforts. The officials interviewed said so far, they had seen no evidence of such cooperation. But the intercepts alarmed American intelligence and law enforcement agencies, in part because of the amount of contact that was occurring while Trump was speaking glowingly about Russian President Vladimir Putin.

Who is Donald McGahn, the Fiery Lawyer at the Center of Virtually Every Trump Controversy?
Washington Post – Matt Zapotosky and Sari Horwitz | Published: 2/14/2017

As White House counsel, Donald McGahn is supposed to provide the president with legal guidance on the thorniest issues of the day, and to manage disputes between power players inside the administration and the various executive agencies. McGahn has been at the center of virtually every controversy during the Trump administration. He is a veteran campaign finance lawyer and former member of the FEC. Before taking over the role in the administration, he worked at the Jones Day law firm and as general counsel to the Trump campaign. He is a consummate Washington insider, but like the man for whom he works, he has an independent streak, those who know him say. “Don is not a buttoned-down guy,” said Bradley Smith, a law professor at Capital University and longtime professional friend of McGahn.

From the States and Municipalities:

Florida – At Miami’s Airport, There’s Economy, First Class and … Politician
Miami Herald – Douglas Hanks | Published: 2/8/2017

A new report from the Miami-Dade ethics commission chastised the county-owned Miami International Airport for offering elected officials VIP treatment, including golf-cart rides, cutting to the front of security and Customs, and other courtesies normally reserved for foreign dignitaries. Investigators concluded most of the trips by officeholders came during official government business. But there are multiple mentions of personal travel too, including trips to visit sick relatives and other unspecified vacations. The airport’s Protocol Office arranged four escorts for Rebeca Sosa, a county commissioner, and three for her sister. “These are unexplained,” the report said of the sibling’s VIP transits

Florida – These Lawmakers Are On the Payroll of Firms That Lobby the Legislature
Sarasota Herald-Tribune – Zac Anderson | Published: 2/12/2017

The Florida Bar Association once issued a formal ethics opinion effectively prohibiting state lawmakers from working at firms that lobby the Legislature. That ethics opinion was rescinded in 1999 and now at least six Florida lawmakers, including the House speaker, work for law firms that lobby the Legislature. Those who defend the practice say there are provisions in state law and legislative rules to address any conflicts-of-interest. Some also argue that restricting such employment would discourage well-qualified individuals from serving in the Legislature because they would have to give up their jobs with big firms.

Kentucky – GOP Senators Want to Cut Sex Harassment Training
Louisville Courier-Journal – Morgan Watkins | Published: 2/13/2017

A few Republican state senators want to eliminate required sexual harassment training for lawmakers and cut back on the ethics-related instruction they receive, citing concerns about the effectiveness of those initiatives. Sen. John Schickel is sponsoring a bill would repeal existing requirements for lawmakers to go through sexual harassment and workplace harassment training. It also would require Kentucky legislators to sit through only 30 minutes of ethics-related instruction each January instead of the three hours currently mandated by state law. “It’s nothing more than political correctness training,” Schickel said. “If you don’t have good manners and good values when you come to Frankfort, I can assure you Frankfort will not teach them.”

Maryland – Gov. Hogan’s Office Has Blocked 450 People from His Facebook Page in Two Years
Washington Post – Ovetta Wiggins and Fenit Nirappil | Published: 2/8/2017

After a deluge of comments asking that he denounce President Trump’s controversial travel ban, Maryland Gov. Larry Hogan’s office blocked numerous posters and deleted their messages from his Facebook page. Gubernatorial spokesperson Doug Mayer said the governor’s office has blocked 450 people since Hogan took office two years ago. The office does not have a specific policy for handling comments on Hogan’s page, which has more than 146,500 likes. Mayer said most of the removed comments were “vulgar, derogatory, hateful or racist,” but aides have also deleted those that are a part of an organized effort. Erich Sommerfeldt, a public relations professor at the University of Maryland, said deleting negative comments, rather than responding to them, can hurt a company or public figure’s brand.

Missouri – Campaign Contribution Law Bans Corporation Donations to All Candidates
Missouri Times – Benjamin Peters | Published: 2/14/2017

Constitutional Amendment 2, which was approved by Missouri voters in November, places limits and rules on how candidates and committees can accept donations, including how much can be given. A recent advisory opinion from the Missouri Ethics Commission says the new law prohibits a corporation or labor organization from making direct contributions to a campaign committee, candidate committee, exploratory committee, or political party. That means no corporation may contribute to a candidate’s campaign at the statewide level. But with the race for St. Louis mayor and a number of local and municipal elections weeks away, the question has been raised of whether these rules apply to municipal election.

New Jersey – N.J. Election Agency Could Soon Fill Key Posts
Bergen Record – Salvador Rizzo | Published: 2/14/2017

Gov. Chris Christie and Democratic senators have struck a deal to reactivate New Jersey’s election watchdog agency, which has been toothless for nearly a year, unable to hold meetings or punish candidates who violate campaign finance restrictions. Senate Democratic leaders said they expect to fill all of the vacancies by March 13 on the Election Law Enforcement Commission (ELEC). Restoring ELEC to its full power is key to ensuring the integrity of this year’s election for governor, all 120 legislative seats, and hundreds of local races, experts said. Three persistent vacancies on ELEC’s four-member board have prevented it from holding meetings since last March, an unprecedented 11-month stretch of inactivity since the agency was founded in 1972.

North Carolina – N.C. Supreme Court Blocks Law Stripping Governor of Election Oversight Powers
Winston-Salem Journal – Richard Craver | Published: 2/13/2017

The North Carolina Supreme Court blocked a state law that strips the new Democratic governor of powers to oversee elections. A lower appeals court briefly let the law to take effect, allowing a revamped state elections board to meet for the first time. It is one of the changes passed in December that shifted power over running elections away from Gov. Roy Cooper. The law ends the practice of allowing the governor’s party to hold majorities on all state and county elections boards. Elections board positions would be evenly divided between major-party partisans. Republicans would control elections during even-numbered years, typically election years. It also combines the State Board of Elections with the campaign finance, lobbying, and ethics commissions into one state agency.

South Dakota – Candy-Filled ‘Gift’ Watches to Legislators Cause Uproar
Rapid City Journal – Bob Mercer | Published: 2/14/2017

Two volunteer lobbyists put fake gold watches containing candy on the desks of South Dakota legislators recently. They mentioned it to a news reporter who later took a photograph showing four legislators wearing the watches. The reporter posted the photo on an Internet blog. The series of events sparked a backlash from supporters of Initiated Measure 22 who said the picture was offensive. The four senators in the photo voted to repeal the ballot measure. IM 22 would have created a publicly funded campaign system for candidates for the Legislature and state offices. It also would have established lobbyist gift limits, changed campaign contribution laws, and set up an ethics commission.

Tennessee – Amid Ongoing Durham Scandal, Probe Shows Problems with Law
The Tennessean – Joel Ebert and Dave Boucher | Published: 2/13/2017

A recent state audit that said former Rep. Jeremy Durham violated Tennessee’s campaign finance law is “packed with problematic stuff” that may provide fertile ground for an ongoing federal probe, said former U.S. Attorney Jerry Martin. The scrutiny on Durham shines a light on the state campaign finance law, created with light punishments by those it is intended to police. In addition, Durham’s actions outlined in the audit offer a glimpse of the criminal consequences he could face.

Texas – How Blind Is This Texas Oil Regulator’s Blind Trust, Managed by His Brother-in-Law?
Dallas News – Steve Thompson | Published: 2/7/2017

Since his election to a seat on the Texas Railroad Commission in 2014, Ryan Sitton has voted on dozens of issues involving energy companies that hire his firm, Pinnacle Advanced Reliability Technologies. Its business is helping clients ensure equipment stays reliable. Many of these issues have come before the oil and gas commission as part of its consent agenda, where items of no controversy are packaged together for approval. But a few have been contentious, and Sitton has played big roles in deciding them. Not once has Sitton disclosed a relationship or recused himself. Texas law prohibits state officials from voting on matters in which they have a “personal or private interest” and requires them to publicly disclose such conflicts. But the law does not clearly define a “personal or private interest.”

Vermont – Scott Administration Discourages Fraternizing with Lawmakers, Lobbyists
Vermont Press Bureau – Neal Goswami | Published: 2/10/2017

Vermont Gov. Phil Scott reportedly has directed staff and administrative personnel to avoid fraternizing after hours with legislators and lobbyists, but some observers say the directive is unrealistic in tiny Montpelier. Many states have codes of conduct for state employees and officials to follow regarding lobbyists, as do the federal government and the armed forces. But how realistic is Scott’s directive given the long tradition of lawmakers, lobbyists, and state officials rubbing – and bending – elbows together after hours?

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:

Scores of State Lawmakers Took Trips Subsidized by Controversial Turkish Opposition Movement
Center for Public Integrity – Liz Essley Whyte | Published: 2/9/2017

Scores of state lawmakers from around the country have accepted trips subsidized by affiliates of a Turkish opposition group, which is blamed by that country’s government for a failed coup attempt. The Center for Public Integrity found some state lawmakers who went on the trips later introduced resolutions supporting Turkish opposition leader Fethullah Gulen’s controversial Hizmet movement. And some have supported charter schools that are part of a network of roughly 160 taxpayer-funded schools run by friends of the movement. Among those who went on the trips were legislators who had rarely traveled overseas. Many had little knowledge of Gulen or Turkish politics, and few of their states have trade connections to Turkey.

Federal:

Kellyanne Conway Promotes Ivanka Trump Brand, Raising Ethics Concerns
New York Times – Richard Pérez-Peña and Rachel Abrams | Published: 2/9/2017

President Trump’s official counselor, Kellyanne Conway, may have broken an ethics rule when she told television audiences to “go buy Ivanka’s stuff.”  Federal employees are banned from using their public office to endorse products. Conway, appearing on “Fox & Friends” from the White House briefing room, was responding to boycotts of Ivanka Trump merchandise and Nordstrom’s discontinuation of stocking her clothing and shoe lines, which the retailer said was in response to low sales and which the president assailed as unfair. Don Fox, former general counsel and acting director of the Office of Government Ethics, said: “Conway’s encouragement to buy Ivanka’s stuff would seem to be a clear violation of rules prohibiting misuse of public office for anyone’s private gain.”

The Silencing of Elizabeth Warren and an Old Senate Rule Prompted by a Fistfight
Washington Post – Derek Hawkins | Published: 2/8/2017

Republican senators voted to formally silence a Democratic colleague for impugning a peer, U.S. Sen. Jeff Sessions, by condemning his nomination for attorney general while reading a letter from Coretta Scott King. U.S. Sen. Elizabeth Warren had been holding forth on the chamber floor on the eve of Sessions’ expected confirmation vote, reciting a 1986 letter from King that criticized Sessions’ record on civil rights. Majority leader Mitch McConnell stepped forward with an objection, setting off an extraordinary confrontation in the Capitol and silencing a colleague, procedurally, in the throes of a contentious debate over President Trump’s cabinet nominee.

Under-the-Radar Change to Congressional Ethics Watchdog May Weaken It
Washington Post – Elise Viebeck | Published: 2/8/2017

While initial Republican efforts to weaken the Office of Government Ethics (OGE) were thought to have been rebuffed, one little-noticed change that slipped through afterward is prompting fears among watchdogs that it could undermine the OGE’s work. The change relates to how new members are chosen for the OCE’s board, which authorizes its investigations. Under the final House rules package, the speaker and minority leader no longer must agree on their respective appointments to the board – they merely have to notify each other before proceeding with their own selections. That is raising concerns it could make the OCE more vulnerable to partisanship and, in the process, weaken its investigations of misconduct by lawmakers.

From the States and Municipalities:

Alabama – Luther Strange Senate Appointment Dismays Some Alabama Republicans
U.S. News & World Report – Steven Nelson | Published: 2/9/2017

Alabama Gov. Robert Bentley appointed state Attorney General Luther Strange to fill the Senate seat left vacant by Jeff Sessions, who was just confirmed as U.S. attorney general. The appointment follows questions about what role, if any, the Alabama attorney general’s office had in probing controversies swirling around the governor. The state attorney general’s office is conducting an investigation related to Bentley, against whom Strange requested impeachment efforts be stalled in November, citing “related work” by his office. Bentley is caught in a complex web of scandals involving an alleged affair with a now-former senior aide, and the alleged retaliatory firing of a state official who cooperated in the corruption prosecution of a legislative leader later sentenced to prison.

California – California’s Top Court to Decide Whether Emails and Texts Sent on Personal Devices Are Public Record
Los Angeles Times – Maura Dolan | Published: 2/2/2017

During a December hearing, the California Supreme Court appeared ready to rule that government business conducted on private telephones and computers must be made public. The quandary expressed by justices was how to fashion a rule to protect the privacy of government employees and still ensure that public business was open to inspection. Karl Olson, representing the news media, argued many public officials are deliberately using personal computers and telephones to conceal their communications Associations of cities, counties, and school boards throughout the state say any rule that requires them to turn over communications on private devices would be a huge and costly burden.

Connecticut – State Democrats Say Federal Campaign Finance Probe Has Ended
Washington Times – Susan Haigh (Associated Press) | Published: 2/2/2017

A federal investigation into whether Connecticut Democrats illegally raised money in support of the re-election of Gov. Dannel Malloy in 2014 has ended without criminal charges. Federal investigators looked into whether the Democratic Party illegally spent $278,000 in political contributions to pay for a mailing benefiting Malloy’s campaign. The money came from state contractors and was earmarked for federal candidates. But the state party argued the mailers touting Malloy’s record were part of an overall “get-out-the-vote” effort that also helped federal candidates.

Illinois – Redflex to Pay $20 Million to Chicago to Settle Lawsuit over Bribery Scheme
Chicago Tribune – David Kidwell | Published: 2/6/2017

A red-light camera company whose former chief executive pleaded guilty to a federal bribery charge will pay $20 million to settle a lawsuit with the city of Chicago. The deal ends a lawsuit the city filed against Redflex Traffic Systems, accusing Redflex of fraud and making false statements when it contracted in 2003 to run Chicago’s red-light camera enforcement program. Former Redflex Chief Executive Officer Karen Finley and former Chicago transportation official John Bills were convicted in a $100 million kickback scheme. Finley was given a two-year prison term and Bills received a 10-year sentence. Bills was accused of accepting envelopes stuffed with cash, along with gifts to help Redflex obtain contracts in a decade-long scheme.

New Mexico – Lobbyist Loophole Fix Stalls in Senate Committee
New Mexico In Depth – Sandra Fish and Trip Jennings | Published: 2/8/2017

A New Mexico Senate committee failed to approve a bill that would close a loophole a new law that allows lobbyists to disclose much less about how they spend money on public officials than they used to. The law passed last year removed a requirement for lobbyists to report expenses spent on individual lawmakers below $100. Previously, lobbyists had to report all spending, itemizing expenses spent above $75 per lawmaker and reporting the cumulative amount of expenses below $75 per lawmaker. As of July 1, 2016, lobbyists did not have to report any spending below $100 per lawmaker. The legislation’s sponsor said he will try again to get Senate Bill 168 passed by the Rules Committee.

New Mexico – Strange Bedfellows: How four Capitol couples negotiate love, lobbying, and legislating
Santa Fe Reporter – Matt Grubbs | Published: 2/8/2017

Four couples roaming the halls of the New Mexico Capitol have a unique relationship – one is legislator and the other is a lobbyist. The relationships bring with it both a comfortable familiarity and a set of unique pitfalls. State law does not speak specifically on the issue of a lobbyist-lawmaker relationship. The Governmental Conduct Act does say disclosure of potential conflicts “shall be a guiding principle for determining appropriate conduct. At all times, reasonable efforts shall be made to avoid undue influence and abuse of office in public service.”

Oklahoma – Capitol Influence: Lobbyists need more than money to succeed at state Capitol
Tulsa World – Barbara Hoberock and Randy Krehbiel | Published: 2/5/2017

To the public, influence at the state Capitol may seem to come down to who hands out the most campaign cash and hires the most lobbyists. Former legislative leaders acknowledged the roles of money and lobbyists in Oklahoma, but they also cited individual constituents, public opinion, unexpected events, lawmakers’ own experiences, and subtle and not-so-subtle attempts to shape perceptions of government.

Tennessee – Analysis: The power of Tennessee lobbyists
The Tennessean – Dave Boucher | Published: 1/28/2017

An analysis of lobbyist compensation, expenses, campaign expenditures, and legislative registration in recent years shows millions of dollars spent by hundreds of organizations every year to become power players at the statehouse. Lobbyists routinely meet with legislators, create client strategies, and often write the actual language in a bill. A winning strategy does not always mean passing a new law. Many times a win means defeating legislation or orchestrating a public campaign to educate key lawmakers. Some say this gives a handful of people too much influence. Lobbyists, however, say they merely represent the interests of a broad swath of constituents and do much more than try to win for their client.

Texas – Citizens United Lawyer Targets Texas Campaign Finance Laws
Arizona Daily Star – David Saleh Rauf (Associated Press) | Published: 2/7/2017

A case before the Texas Supreme Court could overturn longtime state laws that require certain political committees to disclose donors and ban direct political contributions from corporations. The conservative group King Street Patriots has been the focus of a longstanding lawsuit by the state Democratic Party accusing the organization of violating campaign finance laws by engaging in political behavior when it dispatched poll watchers on behalf of the Texas Republican Party during the 2010 election. But the nonprofit, represented by James Bopp, architect of the landmark Citizens United case, has fired back with a counterclaim challenging numerous provisions of the state’s campaign finance law.

Utah – Gold Coins, Posh Trips Form Backdrop in Utah Bribery Trial
Fresno Bee – Lindsay Whitehurst (Associated Press) | Published: 2/7/2017

A corruption scandal that prosecutors say connected wealthy businesspeople and powerful politicians against a backdrop of luxury vacations, gold coins, and a surreptitiously recorded meeting at a Krispy Kreme doughnut shop is set to come to a Utah courtroom. Former Utah Attorney General John Swallow is charged with 13 counts of bribery, evidence tampering, and other crimes. He was arrested in 2014, along with his predecessor and onetime boss, Mark Shurtleff, who had been attorney general for more than a dozen years. Authorities said the two hung a virtual “for sale” sign on the door to the state’s top law enforcement office, taking campaign donations and gifts like beach vacations in exchange for favorable treatment in investigations.

Washington – Trump EPA Official Juggles Two Jobs in Two Washingtons, and It Hasn’t Gone Well.
Washington Post – Lisa Rain and Bradley Dennis | Published: 2/7/2017

Washington Sen. Doug Ericksen defended his role at the U.S. Environmental Protection Agency (EPA), saying he could handle his Senate responsibilities while also helping the Trump administration. Ericksen stressed that his federal government job was only temporary, and has not hindered the Senate or an environmental committee he chairs. Ericksen is one of 10 people on the EPA transition team and is serving as communications director in Washington, D.C. for up to 120 days. Because of the job, he has missed significant time in Olympia during the first few weeks of the legislative session. Ericksen’s absence is the linchpin to party control of the state Senate, since Republicans control the chamber by just one vote. Without him, party-line votes are tied, with the lieutenant governor in a position to break the tie in Democrats’ favor.

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:

Fatigued by the News? Experts Suggest How to Adjust Your Media Diet
New York Times – Christopher Mele | Published: 2/1/2017

Some say it feels as if we are living inside a blizzard of news, with information constantly bombarding us. The result is a fatigue about the headlines – lately about politics – that has prompted some people to withdraw from the news, or curb their consumption of it. Experts said they had not seen data to conclude that consumers had changed their habits to protect their mental health, but added that the news ecosystem had changed drastically over the past five years, accelerating the sense of information overload. “Journalists … should be more involved in managing the insane flow of information and misinformation; it would be better if we had an approach that said, ‘Calm down,'” said media professor Dan Gillmor.

Federal:

Resistance from Within: Federal workers push back against Trump
Washington Post – Juliet Eilperin, Lisa Rein, and Marc Fisher | Published: 1/31/2017

The signs of popular dissent from President Trump’s opening volley of actions have been plain to see on the nation’s streets, at airports in the aftermath of his refu­gee and visa ban, and in the outrage on social media. But there is another level of resistance to the new president that is less visible and potentially more troublesome to the administration: a growing wave of opposition from the federal workers charged with implementing any new president’s agenda. Federal workers are in regular consultation with recently departed Obama-era political appointees about what they can do to push back against the new president’s initiatives. Some federal employees have set up social media accounts to anonymously leak word of changes that Trump appointees are trying to make. And a few government workers are pushing back more openly.

Trump Ethics Rules Curtail Lobbyists, While Also Loosening Some Obama Restrictions
Washington Post – Matea Gold | Published: 1/28/2017

President Trump signed an executive order that strengthens certain restrictions on lobbying that had been adopted under President Obama, while weakening others. Executive branch employees, including those in the White House, will now be barred for five years after they leave government from lobbying the federal agency where they worked. Under Obama, they had to wait until the end of the administration, meaning a shorter ban for some departing officials. Former executive branch officials will now also be permanently banned from serving as foreign lobbyists.

Trump’s Campaign Paid His Businesses Millions Over Course of Campaign
Politico – Kenneth Vogel | Published: 2/1/2017

President Trump’s campaign spent a total of $12.7 million at businesses run by him and his family members over the course of the 2016 presidential election. The largest sums went to Trump’s airline, TAG Air, which received $8.7 million as Trump used his own jet to fly around the country. Another $2 million went to Trump Tower, the skyscraper that housed his campaign headquarters. The spending at Trump properties, which continued after he won the election, underscores how much he was willing to mingle his political and business operations, from buying meals at his own Trump Grill to renting space at his own golf clubs.

White House Says LGBT Protections for Federal Workers Will Remain
Washington Post – Juliet Eilperin and Sandhya Somashekhar | Published: 1/30/2017

An executive order protecting federal employees from anti-LGBTQ discrimination that was first signed in 2014 by President Barack Obama will continue under President Donald Trump, the White House said. Obama’s order expanded protections in federal hiring, which already barred discrimination on the basis of sexual orientation, to also include gender identity. And it required all companies doing business with the federal government to have explicit policies barring discrimination against gay and transgender workers. It applies to 24,000 companies that collectively employed about 28 million workers, representing about a fifth of the U.S. workforce.

From the States and Municipalities:

Alaska – Is It Time for a Lobbyist Union? Juneau Representative Proposes 2.5 Percent Industry Tax
Alaska Dispatch News – Nathaniel Herz | Published: 1/31/2017

Alaska Rep. Sam Kito introduced an income tax bill recently, but only for lobbyists. House Bill 91 would levy a two-and-one-half percent income tax on the annual earnings of legislative lobbyists. The measure would replace the state’s current $250 registration fee. Kito said the money raised from the tax will support the Alaska Public Offices Commission, which oversees the activity of candidates and lobbyists. He said the Legislature’s Division of Legal Services has not raised any concerns about directing the income tax at a specific group of Alaskans. The bill also calls for a $100 registration fee from anyone running for political office.

Arizona – How The Wrong Letterhead Exposed Phoenix’s Toothless Lobbying Rules
Arizona Republic – Rob O’Dell and Dustin Gardner | Published: 1/31/2017

A Phoenix law firm did not properly register as a lobbyist with the city for two years, and recently filed falsely dated documents that made it appear the firm had followed the law, according to City Attorney Brad Holm. Even though Holm determined Burch & Cracchiolo was not properly registered, he said the city cannot not take action against anyone who violates the lobbyist registration ordinance. Holm said that is because much of the lobbyist ordinance lacks an “enforcement mechanism,” a conclusion reached by the city’s law department recently.

California – Spending on Lobbying in California Tops $309 Million, the Second-Highest Amount Ever Recorded in the State
Los Angeles Times – Patrick McGreevy | Published: 2/1/2017

Interest groups spent $309 million on lobbying government officials in California last year, with the oil industry, environmental organizations, labor unions, and the health industry pouring the greatest amounts into legislative and regulatory battles. It is the second time in the state’s history that more than $300 million has been spent in a year, just short of the record $314 million paid out for lobbying in 2015. Seeing such large amounts spent by wealthy interests is a concern, public advocates say, because it reflects an effort to exert heavy influence on government officials that average citizens may not be able to match.

Massachusetts
Slots Ballot Question Backers Fines $125,000 for Campaign Finance
Boston Globe – Michael Levenson | Published: 1/27/2017

Developer Eugene McCain led the public charge to push Ballot Question 1, which would have allowed the construction of Massachusetts’ second slots parlor on property he owns near the Suffolk Downs race track in Revere. But the measure was defeated in November, and now McCain’s political committee has agreed to pay $125,000 to state campaign finance regulators for hiding the identity of the ballot measure’s backers.

Michigan – Dozens of Former State Employees Now Work for Contractors
Lansing State Journal – Justin Hinkley | Published: 1/27/2017

A Lansing State Journal investigation identified 87 former state employees in Michigan who are now working for major state contractors, consultants, or vendors, nearly half of whom started working for the contractor immediately after leaving state government. Six of those employees are now working for contractors they oversaw while employed by the state government. The investigation found no examples of quid-pro-quos, such as state employees favoring contractors to get a job. But monitoring for such problems is difficult because no one in Michigan regularly tracks where the nearly 49,000 state employees go when they leave the government workforce. Michigan is one of only nine states that do not put limits on where civil servants can work after they leave state employment.

Montana – Motl Can Remain Until Replacement Is Confirmed
Great Falls Tribune – Matt Volz (Associated Press) | Published: 2/1/2017

The Montana Supreme Court ruled that Commissioner of Political Practices Jonathan Motl’s term has expired, but he can remain in office until a successor is found. The ruling comes in a lawsuit that claimed Motl is entitled to a full six-year term ending in 2019, and not the January 1 expiration date set by Gov. Steve Bullock and confirmed by the Montana Senate. Republican legislative leaders have been seeking Motl’s removal from the office amid the dispute, and at one point tried to cut off the commissioner’s pay. Two people have submitted applications to replace Motl: his chief legal counsel, Jamie MacNaughton, and former Billings City Commissioner Michael Larson.

Oregon – Oregon Lawmakers Pay Their Businesses with Campaign Funds – It’s Legal, But Is It Ethical?
Portland Oregonian – Gordon Friedman | Published: 1/27/2017

At least 11 Oregon lawmakers have tapped campaign funds to pay their business or nonprofit in the last decade. The cash expenditures, made by Democrats and Republicans in the state House and Senate, range from a few hundred dollars to tens of thousands. All said their payments fell within the bounds of the state’s campaign finance statute. Oregon law allows candidates to buy goods and services at “fair market value” from their own businesses with campaign funds, said state Elections Director Steve Trout. Candidates are only barred from using campaign funds to buy intangibles, like “political consultancy or advising,” he said. But it appears two lawmakers may have done just that.

South Dakota – South Dakota Senate Sends Ethics Law Repeal to Governor
ABC News – James Nord (Associated Press) | Published: 2/1/2017

South Dakota lawmakers passed a bill that repeals Initiated Measure 22, a voter approved plan that instituted a public campaign finance system, created a state ethics commission, and tightened campaign finance and lobbying laws. Republican lawmakers contend those provisions are unconstitutional. They challenged the overhaul in state court, which put the initiative on hold while the case moves forward. An emergency provision means the bill would take effect immediately and could not be referred back it to the ballot. Lawmakers have filed proposals that would supplant provisions of the initiative, including similar restrictions on lobbyist gifts and more limited watchdog commissions.

Tennessee – In Tennessee, Lobbyists’ Employers Face Few Disclosure Rules
The Tennessean – Dave Boucher | Published: 1/28/2017

Tennessee law allows companies and organizations to report how much they paid lobbyists and how much they spent on other related expenditures as a range, not specific amounts. State law also does not require those companies to provide additional details about what money is spent on or who they were trying to influence. Bureau of Ethics and Campaign Finance Executive Director Drew Rawlins said companies do not need to provide any receipts or detailed accounting information on their semi-annual reports. While laws regulating lobbyists in other states vary, most require far more information from those employing lobbyists.

West Virginia – Potential Conflicts Also Issue for New WV Commerce Secretary
Charleston Gazette – Andrew Brown | Published: 1/31/2017

Woody Thrasher, West Virginia’s new secretary of the Department of Commerce, owns one of the largest engineering firms in the state and he still has to figure out what to do with his businesses now that he has joined state government. This is the first time Thrasher is serving in public office, but it is not the first time his private firm and other companies have interacted with the Department of Commerce and the state’s executive branch. Thrasher said he is removing himself from the day-to-day operations of his businesses but suggests he is not giving up his ownership.

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:

Angry Democrats Study the Tea Party’s Playbook
New York Times – Jonathan Martin | Published: 1/23/2017

Eight years after Republicans united after a stinging electoral defeat to oppose President Barack Obama, Democrats are channeling an even deeper anxiety over President Trump into a newfound burst of organizing. Party leaders, eyeing the recent huge protests and growing worries over the promised repeal of the Affordable Care Act, are hoping to recreate the mass movement that sprang up in 2009 and swept Republicans to power in the House and in governor’s races across the country – a tea party equivalent from the left.

Report Cites Growing Corruption, Sees Link with Rising Populism
Reuters – Andrea Shalal | Published: 1/25/2017

Those who turn to populist politicians that promise to upset the status quo and end corruption may only be feeding the problem, a watchdog group warned. Transparency International said in its annual Corruption Perceptions Index for 2016 that in countries with populist or autocratic leaders, “instead of tackling crony capitalism, those leaders usually install even worse forms of corrupt systems.”

Federal:

At Trump’s Mar-a-Lago, the Price for Joining the ‘Winter White House’ Has Doubled
Washington Post – Drew Harwell | Published: 1/25/2017

Mar-a-Lago, the Palm Beach resort owned by the Trump Organization, doubled its new-member fee to $200,000 following the election of Donald Trump as president. Mar-a-Lago has assumed a prized role in Trump’spresidency, rivaling Trump Tower as a focal point of his lifestyle and ambitions. The price jump was slammed by watchdogs, who have criticized Trump’ lack of separation between his private finances and public power. Asked if having Trump in the White House has meant greater interest in outsiders joining the club –  including people who might want access to the president – Bernd Lembcke, the managing director of the club, said, “t enhances it.”

Companies Drafting Emergency Plans for Trump Tweets
The Hill – Megan Wilson and Melanie Zanona | Published: 1/19/2017

President Donald Trump has used social media to criticize American businesses, often for off-shoring jobs or manufacturing facilities, and many expect him to keep up the broadsides in the Oval Office. Being attacked by Trump is not only bad publicity but also it can also cause a sudden drop in a company’s stock price. Businesses that have yet to tangle with Trump are fearful they might be next, and have turned to consultants and lobbyists in Washington, D.C. to prepare for the possibility.

Lawmakers Admonish Ethics Official Over Tweets About Trump
Business Insider – Matthew Daley (Associated Press) | Published: 1/23/2017

Lawmakers from both parties admonished a federal ethics official who sent a series of tweets commenting on President Donald Trump’s potential conflicts-of-interest. Members of the House Oversight and Government Reform Committee said the tweets by Walter Shaub Jr., director of the Office of Government Ethics (OGE), were inappropriate and could compromise the agency’s objectivity. Committee Chairperson Jason Chaffetz called Shaub’s comments “highly unethical” and summoned him to a closed-door meeting. Chaffetz and committee Democrats also met with Shaub for more than an hour, an unusual meeting prompted by Republicans’ frustration with the ethics office and its operations, rather than Trump.

Liberal Watchdog Group Sues Trump, Alleging He Violated Constitutional Ban
Washington Post – David Fahrenthold and Jonathan O’Connell | Published: 1/23/2017

To fight what it called a “grave threat” to the country, a watchdog group filed a lawsuit alleging President Donald Trump is violating the Constitution by allowing his business to accept payments from foreign governments. The lawsuit claims Trump is violating a clause in the Constitution that prohibits him from receiving money from diplomats for stays at his hotels or foreign governments for leases of office space in his buildings. The language in the clause is disputed by legal experts, and some think the suit will fail, but it signaled the start of a legal assault by Trump critics on what they see as unprecedented conflicts between his business and the presidency.

Trump’s Flashy Executive Actions Could Run Aground
Politico – Isaac Arnsdorf, Josh Dawsey, and Seung Min Kim | Published: 1/25/2017

The breakneck pace of President Donald Trump’s executive orders might please his supporters, but critics are questioning whether the documents are being rushed through without the necessary review from agency experts and lawmakers who will bear the burden of actually carrying them out. People familiar with Trump’s planning say he wanted daily events to show supporters he would follow through on his campaign agenda, but the process is playing out chaotically. Inside the West Wing, it is almost impossible for some aides to know what is in the executive orders, staffers say. They have been written by Stephen Miller, the senior adviser for policy, and Steve Bannon, Trump’s chief strategist, according to people familiar with the matter. By contrast, the Obama White House ran executive orders through a painstaking process of soliciting feedback from agencies and briefing lawmakers.

We Rely on the Government for Lots of Data. What Happens to That in the Era of ‘Alternative Facts’?
Washington Post – Mark Berman | Published: 1/23/2017

For wary journalists, it seemed only a matter of time before Donald Trump’s presidency would lead to a standoff between his administration and the news media. On the first weekend of the administration, Trump declared himself in “a running war with the media” and the president’s press secretary, Sean Spicer, used his first appearance on the White House podium to deliver a fiery jeremiad against the press. Worse, many journalists said, were the falsehoods that sprang from the lips of both Trump and Spicer. False statements, lies, and evasions are not unique to any one politician or political operative, nor are they the province solely of those who work in politics. But they take on an unmistakably different tenor when delivered with the imprimatur of the federal government, something that remains true even given the times government agencies and officials have been dishonest with the American people.

From the States and Municipalities:

Alaska – As Clock Ticked Toward Session, Alaska Lawmakers Turned to Lobbyists for Cash
Alaska Dispatch News – Nathaniel Herz | Published: 1/22/2017

While state law prohibits Alaska lawmakers from collecting campaign money during the legislative session, fundraisers held on the eve of the session have long been a tradition in Juneau. Lobbyists are banned from donating directly to legislative candidates, except those seeking to represent the lobbyist’s own House or Senate district. But they can give thousands of dollars at the pre-session events, which technically raise money for party committees, not lawmakers’ campaigns, though the parties often distribute cash to the campaigns of individual legislators.

Colorado – Colorado Ethics Commission Tells Aurora Councilwoman to Follow State Ethics Rules Because of Job
Denver Post – Jon Murray | Published: 1/23/2017

The Colorado Independent Ethics Commission said a state employee who also serves as an Aurora City Council member should follow Amendment 41 rather than her city’s less-stringent gift rules. Councilperson Angela Lawson works by day as the lobbyist program manager in the secretary of state’s office. She has been waiting more than a year for an advisory opinion following her election in November 2015. The request was delayed after the commission decided first to sort out how to approach home-rule cities that have their own ethics codes and do not follow the state’s Amendment 41, passed by voters in 2006. The ethics panel issued a recent position statement on the issue sparking outcry from the Colorado Municipal League and local government attorneys.

Florida – Lee Clerk Wants Audit of County Lobby Logs
The News-Press – Patricia Borns | Published: 1/24/2017

Clerk of Court Linda Doggett plans to audit Lee County commissioners’ logs to find out if they and their staff are being transparent about their conversations with lobbyists. A media investigation of Commissioner Larry Kiker’s lobby logs found discrepancies between his calendars, emails, and text messages showing meetings and phone calls with paid and unpaid lobbyists were not always noted. A second investigation, after Kiker cleaned up the lobby log, showed the problem persisted.

New Mexico – Loophole Cuts Lobbyist Spending Reporting
New Mexico In Depth – Sandra Fish | Published: 1/19/2017

New Mexico Lobbyists and their employers spent more than $595,000 on gifts, meals, and more for lawmakers and other public officials in 2016. But that number is likely tens of thousands of dollars too low because of a loophole created during the last legislative session. That loophole removed a requirement for lobbyists to report any expenses spent on individual lawmakers below a certain threshold. Previously, lobbyists had to report all spending, itemizing expenses spent above $75 per lawmaker and aggregating expenses below $75 per lawmaker. Now lobbyists do not have to report any spending below $100 per lawmaker. That took effect July 1, 2016.

South Dakota – South Dakota Legislators Seek Hasty Repeal of Ethics Law Voters Passed
New York Times – Monica Davey and Nicholas Confessore | Published: 1/25/2017

South Dakota voters approved a ballot measure last November that would create an independent state ethics commission, impose tougher limits on campaign contributions and lobbyists’ gifts to lawmakers, increase disclosure by independent political groups, and set up a system to publicly finance elections. But the state’s Republican Legislature is racing to set aside that new law by using its emergency powers, prompting cries of protest from voters and critics, who are calling the hasty efforts an antidemocratic power grab. In effect, they say, the state’s residents are being told their votes do not matter. Lawmakers demanding repeal say the ethics regulations are irretrievably flawed and include provisions that may be unconstitutional.

Texas – Once-Dead Ethics Reforms Could Curb Lobbying Tricks, Increase Disclosures and Punish Criminal Lawmakers
Dallas News – J. David McSwane | Published: 1/25/2017

Ethics reform bills have been introduced in the Texas Legislature. Sen. Van Taylor and Rep. Charlie Geren are each filing substantial bills in their chambers, along with smaller measures dedicated to specific ethics reforms outlined in the larger bills. That scattershot approach increases the likelihood that at least some of the new regulations will reach the governor’s desk. The reforms include lowering the dollar threshold for when lobbyists must report paying for meals or transportation for officials. Lobbyists would also be required to itemize the total bill paid on behalf of elected officials or their families. This closes a loophole that allows lobbyists to split large bar and restaurant tabs, among several lobbyists to avoid reporting thresholds.

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:

There Are Huge Holes in How the U.S. States Investigate Politicians’ Conflicts of Interest
Washington Post – John Wihbey, Mike Beaudet, and Pedro Miguel Cruz | Published: 1/11/2017

Ethics and disclosure issues have been in the headlines lately as Donald Trump’s choices for Cabinet positions face Senate scrutiny. But what about state and local officials’ conflicts-of-interest? Researchers looked at what states require on their personal financial disclosure forms. Public officials and candidates for office must file these forms annually with ethics commissions or agencies in 47 states. The investigation found state requirements vary widely. When the forms were scored on fixed criteria, the researchers found that about 80 percent of states required little transparency, and few require enough to inform the public.

Federal:

After Trump Rebuke, Federal Ethics Chief Called to Testify Before House Lawmakers
Washington Post – Lisa Rein, Tom Hamburger, and Mike DeBonis | Published: 1/13/2017

A letter from U.S. Rep. Jason Chaffetz, chairperson of the House Oversight and Government Reform Committee, to Office of Government Ethics (OGE) Director Walter Shaub Jr. was viewed by many as a veiled threat to the OGE’s budget unless Shaub changes his rhetoric and approach. Shaub has questioned Donald Trump’s commitment to confront his potential conflicts-of-interest. In his letter, Chaffetz accused Shaub of “blurring the line between public relations and official ethics guidance,” and asked him to appear before lawmakers in a closed-door, transcribed interview. Ethics lawyers from both parties said the OGE plays an important role, and dismantling it or reducing its authority would be a blow to avoiding conflicts in a new administration and enforcing basic standards of ethics and transparency.

‘Kompromat’ and the Danger of Doubt and Confusion in a Democracy
New York Times – Amanda Taub | Published: 1/15/2017

Since the emergence of an unverified, salacious claims about Donald Trump, Americans have debated the ramifications of the arrival of “kompromat” as a feature of U.S. politics. The debates have often framed this practice as little more than a political form of blackmail, and one particular to Russia. In fact, kompromat is more than an individual piece of damaging information; it is a broader attempt to manufacture public cynicism and confusion in ways that target not just one individual but an entire society. And although this practice tends to be associated with Russia – the word kompromat is a portmanteau of the Russian words for “compromising” and “information” – it is a common feature of authoritarian and semi-authoritarian nations around the world.

The Trump Lobbying Purge That Wasn’t
Politico – Maggie Severns and Isaac Arnsdorf | Published: 1/18/2017

Despite Donald Trump’s efforts to keep lobbyists out of his administration, they have continued to offer policy advice, recommend job candidates, and contribute money to his transition team. And while they are barred from donating to the inaugural festivities, lobbyists have been collecting checks on Trump’s behalf. The loopholes in Trump’s restrictions are so widespread that many lobbyists said they have concluded his ethics rules are not really meant to change how business is done in Washington.

Trump’s Administration Will Regulate Trump’s Businesses, Raising Prospect of Conflicts
Washington Post – Rosalind Helderman, Drew Harwell, and Tom Hamburger | Published: 1/15/2017

When Donald Trump takes office, he will assume control of a federal bureaucracy with enormous power to bolster nearly every corner of his real estate, licensing, and merchandising empire, and enhance his personal fortune. Trump announced steps he and his lawyers said would provide adequate safeguards to separate his business from government. He said he will shift assets into a trust that will be managed by his sons. Providing few specifics, he promised no new foreign deals and said the company would adopt new internal systems to scrutinize potentially problematic domestic transactions. But Trump and his lawyers did not address how his administration will approach the range of regulatory actions and other decisions that could directly touch the business.

From the States and Municipalities:

California – State Watchdog Agency Investigating after Times Report on Political Donations
Los Angeles Times – Emily Alpert Reyes and David Zahniser | Published: 1/12/2017

The California Fair Political Practices Commission (FPPC) has launched an investigation into political contributions connected to the developer of a Harbor Gateway apartment project. The FPPC opened its probe after receiving a letter from a Los Angeles Times reader, who pointed to the newspaper’s investigation into donors with ties to Samuel Leung, developer of the Sea Breeze project. The Times reported that donors linked directly or indirectly to Leung gave more than $600,000 to support 11 Los Angeles-area politicians as Sea Breeze was being reviewed at City Hall. Several people who are listed as campaign contributors said they could not remember making those donations or denied doing so. Campaign finance experts said those responses raised questions about whether someone else had provided the money, a practice that would violate the law.

Colorado – Colorado Ethics Commission Puts Denver, Aurora and Other Cities on Notice in Turf Battle Over Gift Rules
Denver Post – Jon Murray | Published: 1/14/2017

The Colorado Independent Ethics Commission said it will consider hearing complaints against officials and employees if the panel finds their local ethics codes to be less restrictive than Amendment 41, which set a $50 gift limit (now $59) and banned even free drinks from lobbyists. That posture could affect Denver and more than 70 other home-rule cities and towns that were established by charters and have local ethics rules they view as sufficient to opt out of Amendment 41. Many of those lack similarly firm catch-all gift bans and set higher maximum values on allowed meals, event tickets and other things considered gifts – or do not set dollar limits at all.

Massachusetts – Could Lobbying Rules Have Saved Boston from Ill-Fated Grand Prix?
Boston Globe – Andrew Ryan | Published: 1/18/2017

After a year of no action and revelations about well-connected lobbyists pushing the Boston Grand Prix project forward, lobbying reform in the city is advancing. A member of Mayor Martin Walsh’s staff described the plan during a hearing of the city council committee hearing. For the first time, it would require lobbyists working to register and disclose where their payments come from, among other provisions. Failing to register could lead to daily fines.

Missouri – House Passes HB 60 to Limit Lobbyist Gifts
Missouri Times – Benjamin Peters | Published: 1/17/2017

The Missouri House passed a bill that sets a limit on lobbyist gifts to elected officials. House Bill 60 was approved by a vote of 149 to five. There are exceptions in the legislation. Lobbyists would be able to provide paid dinners to the entire General Assembly, providing they give a 72-hour notice and the meal is in Missouri. The bill now moves to the state Senate.

New Mexico – Leadership Shift Sparks Hope for Supporters of Campaign Finance Reform
New Mexio In Depth – Sandra Fish | Published: 1/15/2017

Critics say some provisions of New Mexico’s campaign finance law are unconstitutional and therefore unenforceable. Inconsistencies and loopholes in the statute make following the trail of money in politics difficult. And the law fails to acknowledge the recent rise of money flowing into campaigns from independent groups. But following years of attempting to update the campaign finance law, 2017 could be the year for reform, with a new secretary of state and new legislative leaders.

New Mexico – Will Independent Ethics Oversight Catch On in 2017?
New Mexico In Depth – Trip Jennings | Published: 1/16/2017

New Mexico lawmakers over the last decade have balked at creating an independent ethics commission even as a parade of elected and appointed public officials stood accused of corruption and, in some cases, were convicted of crimes. Viki Harrison, executive director of Common Cause New Mexico and a perennial supporter of ethics legislation, came up with an analogy: “Groundhog Day,” a movie in which the main character is forced to repeat the same day over and over again. Harrison hopes the 2017 legislative session will break the cycle, and on the surface the odds in Santa Fe appear favorable.

North Dakota – How a Mother-in-Law Inspired a Bill to Protect Drivers
Washington Post – Cleve Wootson Jr. | Published: 1/17/2017

Proposed legislation in North Dakota would protect some drivers from the legal consequences of running over a pedestrian protester. Rep. Keith Kempenich said his bill is a response to demonstrators blocking a highway as part of a protest over the proposed North Dakota Access pipeline. It is part of a slew of legislative measures that Republican lawmakers have written to combat the protests they say have disrupted life in and around the Standing Rock Sioux Indian Reservation. “This bill puts the onus on somebody who’s made a conscious decision to put themselves in harm’s way; you can protest all you want, but you can’t protest up on a roadway – it’s dangerous for everybody,” said Kempenich.

Pennsylvania – DA Williams Fined $62,0000 for Ethics Violations
Philadelphia Inquirer – Claudia Vargas | Published: 1/17/2017

Philadelphia District Attorney Seth Williams must pay $62,000 in fines for failing to disclose gifts and source of income, according to a settlement approved by the city’s Board of Ethics. The penalty is the largest imposed by the board in its 10-year history. The agreement also requires Williams to pay another $2,840, the value of the prohibited gifts he accepted. In August, Williams amended his statements of financial interests for 2010 to 2015, listing $160,050 in previously unreported gifts, including home repairs, airfare, and lodgings for vacations, cash, and gift cards, and Philadelphia Eagles sideline passes.

Tennessee – House Lawmakers Must Disclose Political Junkets
The Tennessean – Joel Ebert | Published: 1/12/2017

The Tennessee House adopted a new ethics rule that requires lawmakers to disclose any expense-paid travel out of the state that is valued at more than $100. The Legislature has long posted the costs of state-paid travel on its website, but trips paid for by private parties did not have to be publicly disclosed. The change follows reports by The Tennessean about a five-day “”act finding” mission to Europe paid by a Republican donor about what he calls the dangers of radical Islam, and two trips for lawmakers paid for by school voucher advocates. Those trips did not have to be reported because they were not paid for by lobbyists.

Virginia – Lengthy New Ethics Bill Targets Redskin Tickets Loophole
The Daily Press – Travis Fain | Published: 1/16/2017

The General Assembly will tinker with Virginia’s ethics laws for the fourth year in a row, zeroing in, among other things, on a loophole that lets officials accept free football tickets. The bills also include a long list of other tweaks, many meant to simplify the implementation of reforms that lawmakers first passed in 2014 as a response to former Gov. Bob McDonnell’s gift scandal. One change would exempt meals provided by non-profits at conferences from the state’s $100 gift limit. Another would clarify that legitimate birthday gifts from personal friends do not violate the cap, even if that friend is a lobbyist.

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:

Russian Hackers Find Ready Bullhorns in the Media
New York Times – Max Fisher | Published: 1/8/2017

Reporters have always relied on sources who provide critical information for self-interested reasons. The duty is to publicize information that serves the public interest without falling prey to the source’s agenda. But in 2016, the source was Russia’s military intelligence agency – operating through shadowy fronts who worked to mask that fact – and its agenda was to undermine the American presidential election. By releasing documents that would tarnish Hillary Clinton and other U.S. political figures, but whose news value compelled coverage, Moscow exploited the very openness that is the basis of a free press.

Federal:

DOJ Watchdog Opens Review of Comey’s Clinton Email Investigation
Politico – Josh Gerstein | Published: 1/12/2017

The Justice Department’s internal watchdog will investigate FBI Director James Comey’s decision to publicly release information about the bureau’s investigation into Hillary Clinton’s handling of classified material. The inquiry by the department’s inspector general will focus on whether “policies or procedures were not followed” when Comey held a July 5 news conference to discuss the case, and when he sent letters to Congress just before the election that disclosed his agents were reviewing newly discovered emails pertinent to the Clinton case. Some in Clinton’s campaign blamed Comey’s actions for halting her momentum shortly before the election and helping in Donald Trump’s presidential victory.

How a Sensational, Unverified Dossier Became a Crisis for Donald Trump
New York Times – Scott Shane, Nicholas Confessore, and Matthew Rosenberg | Published: 1/11/2017

As they prepared to brief President Obama and President-elect Donald Trump on Russian interference in the 2016 election, U.S. intelligence officials decided to mention the salacious allegations that Moscow had compromising information on the incoming president. That triggered coverage of allegations that news organizations had tried to run down for months but could find no basis for publishing until they were summarized and included alongside a classified report assembled by the nation’s intelligence services. Parts of the story remain out of reach – most critically the basic question of how much, if anything, in the dossier is true. But it is possible to piece together a rough narrative of what led to the current crisis, including lingering questions about the ties binding Trump and his team to Russia.

Trump Won’t Drop Business Ties
Politico – Josh Dawsey and Darren Samuelsohn | Published: 1/11/2017

Donald Trump, insisting he will not divest himself of his vast business empire as he prepares to assume the presidency, plans instead to turn over all of his business operations to a trust controlled by his two oldest sons and a longtime associate. He will donate to the U.S. government all profits from foreign government payments to his hotels. The Trump Organization will also refrain from entering into any new deals with foreign partners, backing off from an earlier claim by Trump that his company would have “no new deals” of any kind during his presidency. The business will have to clear any new transactions with an ethics adviser. The moves fell short of the recommendations of ethics experts who have said the only way for Trump to genuinely eliminate potential conflicts is to place all his real estate holdings and other ventures in a blind trust over which neither he nor his family has any control.

From the States and Municipalities:

California – How This Former Aspiring Screenwriter Became One of California’s Campaign Finance Experts After Losing His Day Job
Los Angeles Times – Christine Mai-Duc | Published: 1/9/2017

Three years ago, Rob Pyers was as far away from politics as one could imagine: a college dropout who had been laid off from his job, binge-watching Netflix to pass the time. Today, from his one-bedroom apartment in West Hollywood, Pyers anchors one of the most trusted compendiums on state politics and is becoming the ultimate insider in the often-opaque world of campaign finance. His passion for organizing massive amounts of data has transformed the California Target Book and made his Twitter feed a go-to resource for some of Sacramento’s top operatives.

California – L.A. Politicians Propose Banning Campaign Contributions from Developers
Los Angeles Times – David Zahniser and Emily Alpert Reyes | Published: 1/10/2017

A group of Los Angeles City Council members proposed banning contributions to council campaigns from developers with projects currently or recently before the city. The motion also would consider whether to expand the city’s definition of developer to include building contractors and subcontractors, and whether to increase the enforcement staff at the city Ethics Commission to ensure more frequent audits and inspections. With the council approval of the motion, it is now up to the ethics panel and other city staff to craft implementing ordinances to bring back to the council in coming months.

Colorado – Denver Council Approves Gift-Report Rules That Require More Frequency, Better Access
Denver Post – Jon Murray | Published: 1/9/2017

The Denver City Council voted in favor of requiring more frequent reporting, more detail, and easier-to-access records of the meals, tickets, and most other gifts they receive from donors with a city interest. The new rules replace a system of annual reporting in which those gifts and other financial disclosures were not viewable by the public until seven months after the end of the reporting period, and could be obtained only by visiting the clerk’s office and paying for copies. The ordinance was one of three ethics measures considered by the council in recent months. It approved another proposal that will make lobbyists’ registrations and bimonthly reports of spending on city lobbying activities available online.

Connecticut – CT’s Largest Lobbying Firms Led by Women
HartfordBusiness.com – Patricia Daddona | Published: 1/9/2017

Paddi LeShane is an equal partner with Patrick Sullivan running Connecticut’s third largest lobbying firm – Sullivan & LeShane Inc. – with 47 registered clients. But she is not the only high-profile woman lobbyist running her own shop. In a profession long-dominated by men, women operate three of the five largest lobbying firms in Connecticut, based on number of registered clients, and their presence at the Capitol is growing. In fact, women lobbyists are far from an anomaly in the government relations field these days, industry experts say.

Kentucky – Report: Beshear officials shook down 16 workers
Louisville Courier-Journal – Tom Loftus | Published: 1/11/2017

Kentucky Gov. Matt Bevin’s investigation of former Gov. Steve Beshear’s administration has found state employees were solicited for campaign contributions both during and after working hours. The investigators interviewed 16 non-merit employees from six departments in the Beshear administration. Witnesses said “virtually all non-merit employees” in the executive branch were expected to make a financial contribution, according to the report. Kentucky law forbids specifically targeting state employees for campaign donations, unless the solicitation is part of a larger plan that includes non-state employees.

Maryland – Federal Bribery Charges Filed over Prince George’s County Liquor Licenses
Washington Post – Lynh Bui, Ann Marimow, and Arelis Hernandez | Published: 1/5/2017

Federal investigators disclosed that two Maryland lawmakers, one now out of office, are targets of a public corruption probe and expected to be charged in a bribery scheme that already has resulted in charges against two Prince George’s County liquor board officials and two business owners. The two lawmakers were unnamed in federal affidavits that outlined a bribery conspiracy in which officials were paid for favorable liquor license actions. Among those charged were David Dae Sok Son, the liquor agency’s administrator. Son solicited and facilitated bribes ranging from $1,000 to $5,000 from lobbyists and business owners, according to prosecutors. It is alleged that Son facilitated payments to an elected official for help moving a business to the county and grants the official controlled.

Massachusetts – City Hall Promised Lobbying Reform. Nothing Happened.
Boston Globe – Mark Arsenault and Andrew Ryan | Published: 1/9/2017

A year after Boston Mayor Martin Walsh promised that regulations governing municipal lobbyists would be a priority, no plan has been approved. Since February, the initiative has sat untouched in a city council committee without a hearing. Wash and council leaders may have said they supported new lobbying rules, but it appears none of them made an effective effort to follow through. That means corporations and interest groups continue to employ lobbyists to quietly influence city government with practically no public scrutiny.

Missouri – Missouri Attorney General Josh Hawley Announces New Ethics Policy
Kansas City Star – Jason Hancock | Published: 1/10/2017

Missouri Attorney General Josh Hawley banned his employees from accepting gifts from lobbyists. Hawley also will not accept campaign contributions from anyone who has a pending bid or application for state contract on which the attorney general’s office has decision-making authority. The new ethics policy comes one day after Gov. Eric Greitens signed an executive order banning state workers in the executive branch from accepting lobbyist gifts. It is unclear whether Greitens’ order is actually enforceable.

New York – AG Will Hold Off on Enforcing Parts of Lobbying Disclosure Law
Albany Times Union – Chris Bragg | Published: 1/12/2017

New York Attorney General Eric Schneiderman will not enforce certain parts of a new state ethics law requiring charitable organizations that give money to lobbying campaigns to disclose more of their donors while a federal lawsuit moves through the courts. One provision that is affected would require 501(C)3 charities to report their sources of funding when the group makes an in kind contribution or donation in excess of $2,500 to a 501(c)(4). The other provision mandates 501(c)(4) groups that spend more than $10,000 a year on any public policy communications report the name and address of donors who give $1,000 or more.

Pennsylvania – Calls Turn Developers into Donors for Peduto
Pittsburgh Post-Gazette – Rich Lord | Published: 1/8/2017

Pittsburgh Mayor Bill Peduto is making a bid for a second term, with no announced challenger. Like incumbents past, he has filled a campaign account in part by collecting from people who do business with the city. Pittsburgh’s top development official has asked developers to contribute to Peduto’s campaign, in a series of calls the administration contends were devoid of deal-making, but which others said are at odds with the spirit of reform the mayor once championed.

South Carolina – Merrill Indictment Casts Pall Over Opening of SC Legislature
The State – Avery Wilks | Published: 1/9/2017

As the South Carolina Legislature reconvenes, the top issues will include fixing the state’s roads and addressing an underfunded pension system. But a corruption investigation will cast a pall over the proceedings, raising a host of other issues. Two indictments during the past month mean the Republican-controlled Legislature will start its session without a pair of GOP legislators. Rep. Chris Corley was suspended after he was indicted on criminal domestic abuse charges. Rep. Jim Merrill was suspended after he was indicted on charges of using his public office to pocket at least $1.3 million from outside interest groups. Watchdogs say the behavior alleged in Merrill’s indictment is not all that unique at the statehouse and more indictments could be on the way.

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 Person, One Algorithm, One Vote: Campaigns are doing more with data, for better or worse
Capital Times – Katelyn Farrell | Published: 1/3/2017

After an election where political campaigns were blamed or credited for relying on voter data to an unprecedented degree, Young Mie Kim, a professor and researcher at the University of Wisconsin’s School of Journalism and Mass Communication, is studying how campaigns used that data across the country. Much like how businesses market products, political campaigns are increasingly focusing on sophisticated data-driven calculations, used to persuade voters and get them to the polls. Those predictions inform campaign strategy and often dictate how a candidate interacts with the electorate.

Federal:

House Republicans, Under Fire, Back Down on Gutting Ethics Office
New York Times – Eric Lipton and Matt Flegenheimer | Published: 1/3/2017

House Republicans abruptly withdrew a proposal to weaken an ethics watchdog in a rocky start to the new Congress. The 115th session had not even formally gaveled in before House leaders held an emergency meeting to discuss blowback against the GOP’s vote to eviscerate the independent the Office of Congressional Ethics (OCE). The reversal came hours after President-elect Donald Trump issued a series of tweets questioning the timing of the changes, which would put the OCE under oversight of the House Committee on Ethics. Even before Trump weighed in, a barrage of negative headlines and public outcry made it difficult for Republicans to stand by the measure.

House Votes to Require Disclosure of Presidential Library Donations
The Hill – Megan Wilson and Cristina Marcos | Published: 1/4/2017

The U.S. House passed a bill that would give the public a better view of donations going to presidential libraries. It is the fourth time since 2002 that the House has approved the bipartisan legislation, known as the Presidential Library Donation Reform Act. The bill has died in the Senate each time it has been introduced. The bill would require quarterly disclosure of donations to presidential libraries totaling $200 or more. While lobbyists and organizations that hire them must file semi-annual reports listing all political donations, which include any financial or in-kind gifts to presidential library nonprofits, those foundations are not required to disclose their donors. Lawmakers of both parties said letting the public know who is donating to outgoing presidents’ libraries would shine light on potential “pay-to-play” attempts.

Rep. Duncan Hunter’s Team Responds to Uproar Over Rabbit Expenses
Yahoo News – Michael Walsh | Published: 1/4/2017

U.S. Rep. Duncan Hunter spent $600 of his campaign funds in “cabin rabbit transport fees.” The pet travel was part of $62,000 in personal or not properly documented campaign expenses that Hunter has reimbursed his campaign for. The Office of Congressional Ethics (OCE) conducted a review of Hunter’s campaign spending last year. According to Hunter spokesperson Joe Kasper, there was “no intent” by Hunter to misuse campaign funds on personal matters. Hunter’s team intentionally floated the rabbit story to demonstrate how, from its perspective, the OCE has misconstrued simple mistakes as unethical conduct.

Trump and Julian Assange, an Unlikely Pair, Unite to Sow Hacking Doubts
New York Times – Scott Shane | Published: 1/4/2017

President-elect Donald Trump recently tweeted praise for a man most Republicans wanted nothing to do with – Julian Assange, the founder of WikiLeaks. It was not the first time Trump had praised WikiLeaks. During his campaign for president, he highlighted emails stolen from the Democratic National Committee and Hillary Clinton’s campaign. Since then, Trump has continued praising the radical transparency group, harshly criticized by President Obama and other officials for what they describe as damaging national security leaks. And Trump has been in sync with conservative media, once critical of WikiLeaks, which increasingly embraces Assange as a hero.

Trump to Face Sworn Deposition in Coming Days
Politico – Josh Gerstein | Published: 1/5/2017

With President-elect Donald Trump’s swearing-in fast approaching, many of the high-profile lawsuits that entangled him during the campaign are all but certain to carry on through his inauguration and into his tenure at the White House, and he will even inherit some new ones. Trump and his companies face scores of pending lawsuits, including cases claiming skimming of tips at his New York SoHo hotel, seeking refunds of millions of dollars in membership fees charged by his country club in Jupiter, Florida, and alleging his security personnel assaulted protesters outside Trump Tower. And in a bizarre twist, Trump’s Justice Department will find itself defending against a slew of lawsuits relating to Hillary Clinton’s use of a private email server while she was secretary of state.

From the States and Municipalities:

Alabama – Governor Bentley Has Former Rep. Terry Spicer Removed from State Job
Dothan Eagle; Staff –   | Published: 1/4/2017

Alabama Gov. Robert Bentley says a former state representative, who pleaded guilty to bribing a lobbyist, will no longer work at a state liquor store. Bentley said he told his chief of staff to advise the Alcohol Beverage Control Board that former Rep. Terry Spicer will not be employed. Spicer pleaded guilty in 2011 to taking cash and a ski vacation from a lobbyist. Spicer, a former school superintendent and community college employee, needs more time in state employment to draw his pension.

Arkansas – Arkansas State Legislator Neal Pleads Guilty in Kickbacks Scheme
Arkansas Online – Doug Thompson | Published: 1/5/2017

Arkansas Rep. Micah Neal pleaded guilty to directing state funds to two nonprofit organizations in exchange for kickbacks. As part of his plea, Neal admitted that between January 2013 and January 2015, while serving in the House, he conspired with a state senator to use their official positions to appropriate budget surplus funds, known as General Improvement Fund money, to two nonprofit organizations in exchange for bribes. The unnamed state senator involved is described in court documents as serving “in the Arkansas Senate from 2013 to the present. Prior to his service in the Arkansas Senate, Senator ‘A’ serves as a representative in the Arkansas House of Representative from 2007 to 2012.” Four members of the state Senate have political careers that fit that description.

California – Political Donations Flow as Rick Caruso Seeks Approval for a 20-Story Tower Near the Beverly Center
Los Angeles Times – David Zahniser | Published: 12/28/2016

Real estate developer Rick Caruso has been a reliable benefactor at Los Angeles City Hall, giving big donations to the city’s politicians and their pet causes. Now, Caruso wants the mayor and city council to approve a 20-story residential tower on a site where new buildings are currently limited to a height of 45 feet. Opponents of the project view Caruso’s political contributions with alarm, saying the steady stream of money has undermined their confidence in the city’s planning process.

Florida – Ron Book Is Big Winner in Local Government Lobbying Contracts
Miami Herald – Steve Bousquet | Published: 1/3/2017

The Florida House is now posting copies of contracts between lobbyists and local governments online and nearly half of the first set of contracts posted are with Ron Book, who has been a fixture in the halls of the Capitol for four decades and has built local government lobbying work into a cottage industry in the state. Lobbyists hired to represent local governments often get unparalleled access to the powerful because they make campaign contributions, which cities and counties cannot do.

Indiana – State Senator Introduces Ethics Bill to Ban All Gifts from Lobbyists
WTHR – Bob Segall | Published: 1/3/2017

Indiana Sen. Mike introduced a bill that would make it illegal for lawmakers to accept a gift from a lobbyist. Gifts prohibited by the proposed legislation would include anything that has value, such as tickets to athletic events, and anything that may be classified as entertainment. The bill would also require lobbyists to keep a public log of all communication with lawmakers, and lobbyists would have to update those logs frequently. Texts and emails between lobbyists and state lawmakers would for the first time become public records.

Missouri – Missouri Campaign Contribution Limits Remain in Place After Latest Hearing
St. Louis Post-Dispatch – Kurt Erickson | Published: 12/29/2016

In a federal court hearing, opponents of a new Missouri law limiting campaign contributions withdrew a request to block the caps. U.S. District Court Judge Catherine Perry said she wants to first hear arguments about the merits and pitfalls of the new limits before deciding whether to place a temporary hold on the caps while the lawsuit moves through the legal system. Under the change to the state constitution, Missouri voters capped donations to individual candidates at $2,600 per election. Maximum contributions to a political party would be set at $25,000.

Montana – Montana Fails to Retain Decades of Emails Despite Open Government Law
The Missoulian – Jayme Fraser | Published: 1/2/2017

The state archives are supposed to be the final destination for the most important records about Montana government and how leaders made their decisions. Experts say the fact that no emails are saved there is a sign something is wrong. They describe a two-pronged problem: agencies are deleting emails too soon and the archives do not have the storage or equipment to accept them. As a result, Montanans have lost decades of public information. Retention decisions are made by individual state agencies, and few of them have preserved emails consistently, if at all.

New York – Why Developers of Manhattan Luxury Towers Give Millions to Upstate Candidates
ProPublica.org – Cezary Podkul and Derek Kravitz (ProPublica), and Will Parker (The Real Deal) | Published: 12/30/2016

ProPublica and The Real Deal mapped contributions from limited liability companies and individuals tied to the 60 biggest developers of New York City rental properties receiving a lucrative state subsidy. While it has long been known that developers donate a lot of money to state elections, the analysis shows for the first time just how tactical the industry is about bankrolling candidates across the state that are friendly to its cause. The state oversees New York City’s system of capping rent increases, known as rent stabilization. By influencing state elections, developers have undermined rent stabilization and preserved a key tax break that saves them far more money than they spend on political campaigns.

South Carolina – South Carolina’s Pending Ethics Commission Isn’t All That Independent, Experts Say
Charleston Post and Courier – Maya Prabhu | Published: 1/3/2017

South Carolina lawmakers voted last year to create an eight-member Ethics Commission that will be appointed by April 1. While outside groups applauded the move in the wake of scandals in the state, others cautioned there is still room for politics to creep in. Many give South Carolina credit for taking a step, however small, toward having its suspect lawmakers investigated by a separate entity when accused of wrongdoing.

Tennessee – Attorney General Says Political Fundraisers at TN Governor’s Mansion, State Property Legal
Chattanooga Times Free Press – Andy Sher | Published: 1/5/2017

Holding campaign fundraisers at the governor’s mansion and other state property is legal, said an opinion issued by Tennessee Attorney General Herbert Slatery. In an unrelated opinion, Slatery said social media accounts that are created and maintained by a municipality can be a matter of public record.

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:

When One Party Has the Governor’s Mansion and the Other Has the Statehouse
New York Times – Trip Gabriel | Published: 12/26/2016

Governors outgunned by veto-proof majorities in their Legislatures have successfully used the bully pulpit of their office, going over the heads of part-time lawmakers to directly appeal to citizens. Other times, governors have profited from a basic law of politics: they are usually more popular than legislative bodies, whose job favorability is little higher than that of perpetrators of Ponzi schemes. And governors in control of the bureaucracy of the executive branch have found that, like President Obama in the face of congressional obstruction, they can pull the levers of executive action to advance an agenda.

Wielding Claims of ‘Fake News,’ Conservatives Take Aim at Mainstream Media
New York Times – Jeremy Peters | Published: 12/25/2016

Until now, the term “fake news” had been understood to refer to fabricated news accounts that are meant to spread virally online. But conservative cable and radio personalities, top Republicans, and President-elect Donald Trump, incredulous about suggestions that fake stories may have helped swing the election, have appropriated the term and turned it against any news they see as hostile to their agenda. In defining “fake news” so broadly and seeking to dilute its meaning, they are capitalizing on the declining credibility of all purveyors of information. And conservatives, seeing an opening to undermine the mainstream media, a longtime foe, are more than happy to dig the hole deeper.

Federal:

Donald Trump Plans to Shut Down His Charitable Foundation, Which Has Been Under Scrutiny for Months
Washington Post – Mark Berman and David Fahrenthold | Published: 12/24/2016

President-elect Donald Trump announced he intends to dissolve his charitable foundation, his latest move aimed at settling ethical conflicts that have already dogged the incoming administration. The Donald J. Trump Foundation has come under scrutiny this year after a series of news reports detailing its practices, including cases in which Trump apparently used the charity’s money to settle lawsuits involving his for-profit businesses. New York’s attorney general has been investigating the charity after some of these reports, and a spokesperson for that office said the foundation could not officially shut down until that probe is over.

Inside the Trump Organization, the Company That Has Run Trump’s Big World
New York Times – Megan Twohey, Russ Buettner, and Steve Eder | Published: 12/25/2016

With entanglements around the world, many packaged in a network of licensing agreements and limited liability companies, the Trump Organization poses a raft of potential conflicts for a president-elect who has long exerted tight control over his business. Donald Trump, owner of all but the smallest sliver of the privately held company, has said while the law does not require it, he is formulating plans to remove himself from the company’s operations. But amid rising pressure, Trump and his advisers have been debating further steps. Yet an examination of the company underscores the challenges of taking Donald Trump out of the picture. His company is a distinctly family business fortified with longtime loyalists that operates less on standardized procedures and more on a culture of its leader.

Navy Repeatedly Dismissed Evidence That ‘Fat Leonard’ Was Cheating the 7th Fleet
Washington Post – Craig Whitlock | Published: 12/27/2016

The Navy allowed the worst corruption scandal in its history to fester for several years by dismissing evidence that a Singapore-based contractor, Leonard Francis, was cheating the service out of millions of dollars and bribing officers with alcohol, prostitutes, and lavish dinners. Staffers at U.S. Pacific Fleet headquarters were so worried about the potential for trouble that they drafted a new ethics policy to discourage Navy personnel from accepting favors from Francis. But their effort was blocked for more than two years by admirals who were friendly with the contractor. It took officials years to gather enough evidence to charge Francis and arrest him. He has pleaded guilty to defrauding the Navy of $35 million.

U.S. Punishes Russia for Election Hacking, Ejecting Operatives
New York Times – David Sanger | Published: 12/29/2016

The Obama administration announced new measures in retaliation for what officials have characterized as Russian interference in American elections, ordering the removal of 35 Russian government officials from the U.S. and sanctioning agencies and individuals tied to the hacks. The announcement culminates a debate over whether and how to respond to Russia’s unprecedented election-year provocations, ranging from the hacks of the Democratic National Committee to the targeting of state electoral systems. President-elect Donald Trump suggested the U.S. should drop its effort to retaliate against Russia, and cast doubt on intelligence agencies’ conclusion that Russia was behind the hacks.

From the States and Municipalities:

California
How to Influence the California Legislature? New Spending Details Revealed
Sacramento Bee – Taryn Luna and Jim Miller | Published: 12/28/2016

The third quarter of 2016, which included the end of the legislative session, was so important that companies, unions, trade associations, and other groups paid $84.4 million to lobby California officials on bills and regulations during the three-month period. Much as campaigns for candidates seek to win over voters, the disclosure filings underline the extent to which special-interest groups employ some of the same resources to make their cases to lawmakers and state officials. They also for the first time provide details about which political consultants, public-relations experts, advertising firms, and other non-lobbyist advocates are being paid to influence policy.

California
Santa Clara County Bosses Let Workers Take Toys Meant for Needy Kids
San Jose Mercury News – Ramona Girwagis | Published: 12/23/2016

Expensive toys intended as Christmas presents for poor children were handed out instead to dozens of Santa Clara County employees, and the county executive’s office says they do not need to return them. County employees walking to their cars from work saw the items being unloaded from trucks at the Santa Clara County building as part of a toy drive. County Executive Jeff Smith insisted that county employees who took the toys understood they needed to donate them to a nonprofit or church. But he could provide no documentation that workers were told to donate them. Smith acknowledged the county has no way of knowing whether the employees donated the gifts or kept them for themselves. “Had we realized that this was going on we probably would have organized it differently,” said Steve Preminger, a special assistant to Smith.

Florida
Shining a Light on Lobbyists, New Efforts to Curb Their Influence
Tallahassee Democrat – James Call | Published: 12/18/2016

It is a new era in Washington, D.C. and Tallahassee, and the winners of the November election are imposing new realities on how lobbyists can operate. New lobbyist-disclosure requirements approved by the Florida House aim to reveal how paid advocates and lawmakers interact behind the scenes. The rules place the lobbying corps in a delicate situation. They clearly target their product – influence – yet opposition would alienate House Speaker Richard Corcoran, the official with the ability to see that their bill, amendment, or request never gets heard. Lobbyists said they are figuring out how to navigate the new working conditions.

Missouri
With Greitens’ Blessing, Lawmakers Aim for Lobbyist-Gift Ban
Springfield News-Leader – Summer Ballentine (Associated Press) | Published: 12/25/2016

Maybe this year, with support from Gov.-elect Eric Greitens, Missouri lawmakers will be able to keep lobbyists from giving officeholders expensive dinners or concert tickets. If lawmakers fail to deliver in the 2017 session, it would break a campaign promise from Greitens, who largely focused on how he would tackle corruption in the Capitol, which in recent years has been marred by ethics scandals, and said such a ban is his first goal. It is also among the top priorities for House Speaker Todd Richardson, who said he was personally disappointed when an ethics bills did not pass last session.

New York
De Blasio Signs Measures Limiting Political Contributions
Newsday – Matthew Chayes | Published: 12/22/2016

New York City Mayor Bill de Blasio signed campaign finance reform legislation recently. Included in the bills are limits on contributions by donors with business before the city to elected officials’ political nonprofits, ostensibly aimed at a group like the mayor’s now-defunct Campaign for One New York. Other legislation eliminates public matching funds for contributions bundled by people doing business with the city, limits amounts donated for transition and inauguration activities, and changes eligibility requirements for certain activities like debates.

New York
JCOPE Settles with Firms Caught Up in Skelos, Silver Cases
Albany Times Union – Casey Seiler | Published: 12/28/2016

The New York Joint Commission on Public Ethics reached settlements over lobbying violations with companies involved in the corruption cases of former Senate Majority Leader Dean Skelos and ex-Assembly Speaker Sheldon Silver. Glenwood Management will pay a $200,000 fine and Administrators for the Professions will pay $70,000. Glenwood failed to disclose meetings and other lobbying activities before Skelos, and recommended to a company that it hire his son as a consultant. Glenwood also retained a law firm knowing a portion of the fees it paid would be shared with Silver. Administrators for the Professions admitted in the course of lobbying Skelos, it employed his son in an arrangement designed to curry favor with the senator.

New York
NYCLU, ACLU Sue New York Over Ethics Law
Albany Times Union – Chris Bragg | Published: 12/22/2016

A civil liberties group has joined in the call for a federal judge to strike down new donor-disclosure provisions in New York that allegedly stray from their anticorruption goals, hurting the protected speech rights of both nonprofits and donors. The new law mandates the public disclosure of all donors and contributions to a 501(c)(3) in excess of $2,500 whenever that organization makes an “in-kind donation” of over $2,500 to certain 501(c)(4)s engaged in lobbying activity. For 501(c)4 disclosure, the law lowers the threshold from $50,000 to $15,000 in annual lobbying spending. Unless the lawsuits succeed in getting an injunction, the first lobbying reports with the new disclosure requirements are due at the end of January.

Oklahoma
An Oklahoma Newspaper Endorsed Clinton. It Hasn’t Been Forgiven.
New York Times – Manny Fernandez | Published: 12/26/2016

The Enid News & Eagle, a red newspaper in a red county in what is arguably the reddest of states went blue this campaign season and endorsed Hillary Clinton for president. The editorial board wrote that Donald Trump lacked “the skills, experience or temperament to hold office.” It was the first Democratic endorsement for president in the modern history of the newspaper, which was founded in 1893. Enid was stunned, and this slow-paced agricultural town of 52,000 near the Kansas state line has not been the same since. Around the country, as newspapers big and small are struggling to keep subscribers, a handful of papers with conservative editorial boards made news by either endorsing Clinton or urging readers to back anybody but Trump.

South Carolina
Possibility of More S.C. Lawmakers Charged with Corruption Looms
Aiken Standard – Seanna Adcox (Associated Press) | Published: 12/24/2016

Following the 30-count indictment of a former state House majority leader, questions over who else may face corruption charges will loom over South Carolina’s 2017 legislative session. The misconduct and ethics charges against Rep. Jim Merrill, the first since former Speaker Bobby Harrell pleaded guilty and resigned more than two years ago, ended all speculation that lawmakers could breathe easy. And prosecutor David Pascoe made clear he is not done. “This is still an ongoing investigation,” Pascoe said in a recent statement.

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:

Suspected of Corruption at Home, Powerful Foreigners Find Refuge in U.S.
Miami Herald – Kyra Gurney, Analji Tsui, David Iaconangelo, and Selena Cheng | Published: 12/9/2016

Wealthy politicians and businesspeople suspected of corruption in their native lands are fleeing to a safe haven where their wealth and influence shield them from arrest. They have entered this country on a variety of visas, including one designed to encourage investment. Some have applied for asylum, which is intended to protect people fleeing oppression and political persecution. The increasingly popular destination for people avoiding criminal charges is no pariah nation. It is the United States.

The Future of Campaign Finance Reform Is at The State and Local Level
Huffington Post – Paul Blumenthal | Published: 12/20/2016

Portland’s passage of an ordinance establishing public funding for campaigns came on the heels of similar victories in South Dakota and Missouri, as well as in Berkeley, California, and Howard County, Maryland. These successes showcase the broad bipartisan support across the country for campaign finance reform that boosts the power of small donors to counter the dominance of big money. These wins, while big in their own right, were supposed to be overshadowed by changes at the U.S. Supreme Court level. Donald Trump is likely to appoint someone whose thought process lines up with that of late Justice Antonin Scalia, meaning the five-vote majority that wrote Citizens United would maintain its power and campaign finance laws would continue to fall. So reformers rest their hopes where they can: at the state and local levels.

Federal:

Access to Donald Trump, for $500,000: Pitfalls for Presidents’ Families
New York Times – Eric Lipton | Published: 12/20/2016

The initial invitation from Donald Trump Jr. and Eric Trump dangled a rare opportunity for donors willing to give $500,000 and more: a private reception with the new president the day after his inauguration and a hunting or fishing excursion with one of the brothers. But after the details about the “camouflage & cufflinks”-themed fundraiser first leaked, a spokesperson for President-elect Donald Trump said neither he nor his adult sons were involved in plans for the event. The confusion over the family’s connection to the fundraiser showed the degree to which Trump has failed to set rules that would protect his family from allegations of influence-peddling or draw clear lines between himself and the interests of his children, who will take over management of his business empire, watchdog groups said.

Donald Trump Is Holding a Government Casting Call. He’s Seeking ‘The Look.’
Washington Post – Philip Rucker and Karen Tumulty | Published: 12/21/2016

The parade of potential job-seekers passing the media cameras at Trump Tower has the feel of a casting call. It is no coincidence that a disproportionate share of the names most mentioned for jobs at the upper echelon of the new administration are familiar faces to viewers of cable news. Given Donald Trump’s own background as a master brander who ran beauty pageants as a sideline, it was probably inevitable he would be looking beyond their résumés for a certain aesthetic in his supporting players. “You can come with somebody who is very much qualified for the job, but if they don’t look the part, they’re not going anywhere,” said a person familiar with the transition team’s deliberations.

Former Philadelphia Congressman Chaka Fattah Sentenced to 10 Years in Prison
Philadelphia Inquirer – Jeremy Roebuck | Published: 12/13/2016

Former U.S. Rep. Chaka Fattah, who was convicted in June of more than 20 counts corruption, was sentenced to 10 years in prison. Fattah repeatedly bribed others and stole campaign contributions, charitable donations, and federal grant money, prosecutors said. He will pay $614,000 in damages and will be supervised for three years after his release. Fattah’s son is serving a five-year prison sentence for defrauding Philadelphia banks and the IRS to cover gambling debts and other personal expenses.

From the States and Municipalities:

Alaska
New Alaska House Leaders Embrace Loophole to raise Campaign Cash from Lobbyists
Alaska Dispatch News – Nathaniel Herz | Published: 12/18/2016

Republican leaders of Alaska’s incoming House majority coalition are embracing a fundraising loophole that allows them to collect money from lobbyists, who are otherwise restricted from donating to legislators and candidates. House Democrats, who joined with the Republicans to form the majority coalition, have been some of the most vocal supporters of legislation to limit the flow of special-interest money into the state’s campaigns. But they are now collaborating with the fundraising efforts of their new GOP colleagues, Reps. Gabrielle LeDoux and Paul Seaton.

Colorado
Denver Officials Move Closer to Listing Their Gifts Online and Tightening Ethics Rules
Denver Post – Jon Murray | Published: 12/20/2016

Denver is moving closer to adopting ethics code reforms and revamping lobbyist and gift disclosure rules that will make it easier for citizens to see who is wooing officials with meals and tickets. Besides discussing a new dollar limit on event tickets from each donor with a city interest, the most significant proposed changes also may be the simplest: make elected and appointed officials’ gift disclosures available online, and do it more often, every six months instead of annually.

Louisiana
Lobbyists Spent Nearly Half a Million Dollars to Woo Louisiana Legislators in 2016
New Orleans Advocate – Elizabeth Crisp | Published: 12/18/2016

Nearly $500,000 has been spent entertaining state legislators this year, roughly $3,300 in lobbyist spending per lawmaker, as the Louisiana Legislature spent a record-setting 19 weeks in session sorting through the state’s fiscal woes. A review of disclosure data shows the $476,019.20 tab that lobbyists have run up in 2016 far outpaced the amount spent in any of the eight years since the state began requiring more detailed expenditure reporting. At least 593 registered lobbyists pushed for or against legislation as it made its way through the Capitol this year. “Every interest pretty much has a lobbyist in Baton Rouge,” said Pearson Cross, a political science professor at the University of Louisiana at Lafayette.

Massachusetts
Appeals Court Overturns Convictions in Probation Department Scandal
Boston Globe – Milton Valencia | Published: 12/19/2016

A U.S. appeals court judge overturned the convictions of three former Massachusetts Probation Department officials accused of running a rigged hiring scheme. Probation Commissioner John O’Brien and his deputies, Elizabeth Tavares and William Burke, were convicted in July 2014. Prosecutors said they hired employees based on political connections, not merit, then lied when they certified the hires were done correctly. Judge Juan Torruella in his ruling said O’Brien and others misran the department and made efforts to conceal the patronage hiring system. “But not all unappealing conduct is criminal,” Torruella wrote. He said the government did not adequately prove O’Brien accepted a gratuity since there was not sufficient linkage between O’Brien’s offering favored candidates a job and him getting a specific item of value in return.

New Jersey
Lawmakers’ Revolt Sinks Book Deal, Newspaper Bill
Bergen Record – Salvador Rizzo | Published: 12/19/2016

A book deal for New Jersey Gov. Chris Christie will have to wait. State lawmakers said they would not vote on a measure changing an ethics law that barred Christie from cashing in on a book deal while in office, at the same time giving millions of dollars in pay raises to lawmakers’ staff, judges, and other officials. The measure had buy-in from leaders in the Democrat-led Legislature and was on a fast track to the governor’s desk at the same time as a measure viewed by some as a vendetta by Christie against the state’s newspapers. But rank-and-file members all but revolted in closed-door meetings when faced with the book-deal legislation, and Assembly Speaker Vincent Prieto said a separate bill that would end the requirement that government legal notices be published in newspapers will be postponed until next year.

New York
De Blasio Is Fined $48,000 for Campaign Finance Violations
New York Times – J. David Goodman | Published: 12/15/2016

New York City Mayor Bill de Blasio has been fined almost $48,000 for violating spending rules during his 2013 mayoral campaign. The city council also passed a bill to limit the activities of outside nonprofit political groups, a measure aimed squarely at the Campaign for One New York, a nonprofit political group created by de Blasio and his aides that is at the center of state and federal inquiries into his fundraising.

New York
N.Y. Pay-to-Play Plot Fueled by Bribes, U.S. Says
Bloomberg.com – Bob Van Voris and Chris Dolmetsch | Published: 12/21/2016

A former official at the country’s third-largest pension fund and two broker-dealers were charged in what a federal prosecutor described as a classic bribery scheme. Navnoor King, the former head of the New York State Common Retirement Fund’s fixed income trades, received more than $100,000 worth of bribes from broker-dealers Deborah Kelley and Gregg Sconhorn, prosecutors said. Regulators found Kang steered about $2 billion in fixed-income trades to firms represented by Kelley and Schonhorn, resulting in millions of dollars in commissions. Prosecutors said in exchange, Kang received a $10,000 all-expenses-paid trip to Montreal, tickets to a Paul McCartney concert, a $17,420 Panerai wristwatch, dinners at upscale restaurants, prostitutes, and cocaine.

North Carolina
North Carolina Governor Signs Bill Limiting His Successor’s Power
Governing – Pat Jarvis (Raleigh News & Observer) | Published: 12/19/2016

North Carolina Gov. Pat McCrory signed bills that will limit the authority of his successors and reduce Democrats’ power over election regulation in the wake of two contentious special sessions. Senate Bill 4 would create a commission merging the current State Board of Elections, State Ethics Commission, and the lobbying-regulation functions of the secretary of state’s office. Protesters disrupted a House debate about the changes to election law, chanting and prompting House Speaker Tim Moore to order police to clear the public gallery.

South Carolina
Rep. Jim Merrill Indicted in S.C. Statehouse Probe; Suspended from Office
Charleston Post & Courier – Schuyler Kropf and Glenn Smith | Published: 12/15/2016

South Carolina Rep. Jim Merrill was indicted on 30 charges that accuse him of misconduct in office as far back as 2002 as well as a series of ethics violations. The indictment says Merrill illegally used his office to pocket at least $1.3 million, either directly or through his business, Geechie Communications. He also failed to disclose receiving payments of more $673,000 from trade, advocacy, and political groups in violation of state ethics law, according to the indictment. Crangle, head of South Carolina Common Cause, said he suspects as many as three or four more people are facing indictments.

South Carolina
Smarter Corruption: How Lost Trust evolved into ‘Capitol Gains’
Charleston Post & Courier – Tony Bartelme and Doug Pardue | Published: 12/17/2016

“Operation Lost Trust” in 1990 ended much of the overt vote selling that went on at the South Carolina Legislature. But the recent indictment of a powerful state lawmaker showed, prosecutors believe other forms of graft and influence-peddling have taken its place, schemes that are more difficult to pierce. Where cash once was transferred in brown bags and envelopes, prosecutors now say money moves through a murky system of legislative caucuses, PACs, campaign accounts, and private businesses – and enormous sums are at stake.

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:

Gun Control Advocates Find a Deep-Pocketed Ally in Big Law
New York Times – Jessica Silver-Greenberg and Ben Protess | Published: 12/7/2016

On the defensive, gun control advocates are now quietly developing a plan to chip away at the gun lobby’s growing clout: team up with corporate law firms. Together, the firms are committing tens of millions of dollars in free legal services from top corporate lawyers who typically bill clients $1,000 an hour or more. Although law firms often donate time to individual causes, and some firms have worked on gun control on a piecemeal basis, the number and the prominence of the firms involved in the new coalition are unheard-of for modern-day big law. Rather than fighting the political headwinds, the coalition is focusing on courts and state regulatory agencies, among the few places where they might still gain some traction.

Ontario Overhauls Campaign Finance Rules with Sweeping Reforms
Toronto Globe and Mail – Adrian Morrow | Published: 12/1/2016

Legislation that alters the political fundraising landscape in Ontario was approved recently. The new law takes effect on January 1, 2017. It will prohibit all provincial politicians, candidates, and senior political staff from attending fundraising events, ban corporations and unions from giving, and cap donations from individuals at $3,600 per political party annually, among other provisions. The reforms were introduced following revelations that corporate leaders and lobbyists seeking government contracts or favorable policy decisions had spent up to $10,000 to buy exclusive face-time with Premier Kathleen Wynne and members of her cabinet over cocktails and dinner.

Federal:

Business Since Birth: Trump’s children and the tangle that awaits
New York Times – Matt Flegenheimer, Rachel Abrams, Barry Meier, and Hiroko Tabuchi | Published: 12/4/2016

Since his election, Donald Trump has chafed at the suggestion that keeping his business in the family could create problems, despite several episodes during his transition that seemed to mix business and diplomacy. While he has insisted he faces no legal requirement to turn over the company, the Trump Organization said it is preparing an “immediate transfer of management” to Trump’s three eldest children, along with a team of executives. An examination of the professional histories of the three children shows how deeply the family, business, and politics are interwoven, raising doubts about how a meaningful wall can ever be erected between the president-elect and his heirs.

Justices Wrestle with Role of Race in Redistricting
New York Times – Adam Liptak | Published: 12/5/2016

Race and politics divided the U.S. Supreme Court along ideological lines in two cases that could affect the way state Legislatures draw election districts in the future. The court’s more liberal justices criticized maps drawn after the 2010 Census by Republican Legislatures in North Carolina and Virginia for focusing predominantly on the percentage of African Americans in various districts. The more conservative justices mostly defended the maps, either because race did not dictate the contours of the districts or because the motivator was political advantage, something the high court has not ruled against. Several justices expressed frustration that unless they define clearly what is allowed and what is not, they could be left with what Justice Stephen Breyer called “a set of standards that district courts can’t apply, which will try to separate sheep from goats.”

Trump Adviser Has Pushed Clinton Conspiracy Theories
Politico – Bryan Bender and Andrew Hanna | Published: 12/5/2016

Before the election, Lt. Gen. Michael Flynn, who is Donald Trump’s choice for national security adviser, tweeted a fake news story that claimed police and prosecutors had found evidence linking Hillary Clinton and much of her senior campaign staff to money laundering, perjury, and other felonies. Flynn’s tweet is attracting renewed attention after a man fired a rifle inside a Washington, D.C. restaurant that was the subject of false stories tying it and the Clinton campaign to a child sex trafficking ring. Some say Flynn’s fondness for spreading fake news casts doubt on his fitness to serve as national security adviser, suggesting he either cannot spot a blatant falsehood or is just ideologically bent to believe the worst of his perceived enemies.

Trump Sold All Shares in Companies in June, Spokesman Says
Washington Post – Drew Harwell and Rodsalind Helderman | Published: 12/6/2016

Donald Trump sold all his stock back in June, a transition team spokesperson said, showing the president-elect has begun to address concerns about complicated entanglements between his business and new government life. Questions about Trump’s stock holdings came back into view after he criticized the costs of Boeing to build a new Air Force One. Trump’s portfolio included shares in a number of banks, oil giants, and other companies with business pending before the U.S. government and whose value could rise due to Trump’s decisions in office. Those stock holdings, ethics advisers said, offered a potentially troublesome facet of Trump’s private finances that could entangle his public decision-making.

From the States and Municipalities:

Alabama
Ethics Commission Pulls Opinion Over Nonprofit Concerns
Montgomery Advertiser – Brian Lyman | Published: 12/7/2016

The Alabama Ethics Commission withdrew an opinion that said the state ethics law’s definition of a principal – an individual or organization that hires a lobbyist – included not only a firm that hired the lobbyist but anyone in the organization with authority, including executives, officers, and members of boards of directors. Lobbyists and principals cannot provide legislators with things of value. The jury that convicted former House Speaker Mike Hubbard on corruption charges accepted a broad definition of principal favored by prosecutors. That stirred unease in the business community and among nonprofits. Representatives of nonprofits who spoke at a recent commission hearing said many of their chief donors had cut off funds over concerns about the principal definition.

California
EBay Faces Fines from State Ethics Watchdog after Failing to Disclose Sacramento Lobbying on Time
Los Angeles Times – Patrick McGreevy | Published: 12/6/2016

The California Fair Political Practices Commission proposed a $6,500 fine for eBay after the company missed deadlines for filing lobbying spending reports and failed to properly disclose campaign contributions. The commission will vote on December 15 whether to approve the deal. EBay representatives told investigators the failure to file the reports on time was “inadvertent” and caused by a transfer of responsibility for filing during a “corporate transition.” The firm also was late in filing statements required of major donors that disclose their contributions.

Colorado
Amendment 71 Made It Harder to Get Initiatives on the Ballot – What Happens Now?
Denver Post – Brian Eason | Published: 12/5/2016

Anyone able to raise enough money and signatures can propose an amendment to the Colorado Constitution through a ballot initiative, sidestepping the legislative process. But Amendment 71, approved by voters November 8, made that harder to do, so much harder, critics say, that amending the constitution is no longer an option for all but the most well-funded organizations. Statutory ballot measures that fall short of amending the constitution are still on the table, but there are downsides to that approach too.

Florida
Corcoran Offers Lobbyist ‘Training’ to Adjust to New Legislative Limitations
Sunshine State News – Allison Nielson | Published: 12/1/2016

The Florida House passed a sweeping set of rule changes during its organization session, with several of those changes directly affecting lobbyists. To help lobbyists transition to the new guidelines, the House will be holding training sessions on December 13 and December 14 in Tallahassee. The lobbyist training will cover disclosure requirements for lobbyists, as well as other rules.

Massachusetts
Businesses Seek to Overturn Massachusetts Ban on Political Contributions
MassLive.com – Shira Schoenberg | Published: 12/7/2016

Under Massachusetts campaign finance law, businesses are not allowed to contribute to candidates. Individuals can donate up to $1,000 per year and unions can give up to $15,000. Republican lawmakers have tried, unsuccessfully, to bring the amount unions can donate down to $1,000. The law has typically benefited Democrats, who get the bulk of union campaign contributions. Attorneys for two businesses recently tried to convince a Superior Court judge to allow businesses to make the same political donations as labor unions.

Missouri
Lawsuit Seeks to Stop Campaign Contribution Limits Approved by Missouri Voters Last Month
St. Louis Post-Dispatch – Kurt Erickson | Published: 12/7/2016

A lawsuit filed in federal court challenges the voter-approved referendum that reinstated campaign contribution limits in Missouri. The same group that unsuccessfully sought to block the ballot measure before the November election argues the change in the state constitution unfairly limits some businesses and associations from giving money to campaigns. In particular, the change would stop the Association of Missouri Electrical Cooperatives from donating to campaigns and PACs, violating the free speech rights of its members, the lawsuit notes. The legal action comes one day before the new limits are set to take effect.

New York
Anthony Weiner Fined $65,000 for Campaign Finance Violations
New York Times – J. David Goodman | Published: 12/1/2016

The New York City Campaign Finance Board ordered Anthony Weiner’s campaign to repay more than $195,000 in public matching funds he received as part of his failed 2013 mayoral bid.  The board also ordered the campaign to pay a $64,956 fine for spending irregularities, including personal expenses not allowed under the current law.  The campaign committed multiple infractions, the board found, including accepting 21 contributions that exceeded the legal limit, accepting contributions in excess of the limit for donors who have business with the city, and failing to demonstrate how some expenses were made in furtherance of the campaign. New revelations of sexually explicit text messages and photographs, sent to women after he had left Congress, came to light and derailed Weiner’s bid for mayor.

North Carolina
North Carolina Gov. Pat McCrory (R) Concedes Closely Contested Governor’s Race
Washington Post – Amber Phillips | Published: 12/5/2016

Ending an acrimonious stalemate that dragged on for nearly a month, North Carolina Gov. Pat McCrory conceded in his bid for re-election, clearing the way for the ascension of his challenger, Roy Cooper, and giving the national Democratic Party a rare cause for celebration. Cooper, the current state attorney general, declared victory on election night, but McCrory’s allies lodged election challenges in dozens of counties. Most of the challenges proved to be of little consequence, however. As partial results of a recount of more than 90,000 votes that Republicans had demanded in Durham County showed no significant change in the results, McCrory had little choice but to admit defeat.

Washington
EPA, Tribe: State commission not venue for complaint
The Olympian – Don Jenkins (Capital Press) | Published: 12/7/2016

The Environmental Protection Agency (EPA) and a Puget Sound tribe say the Washington Public Disclosure Commission (PDC) should step away from an investigation into whether the What’s Upstream advocacy campaign violated state law. The EPA said a federal audit will answer whether What’s Upstream organizers misspent public funds. The tribe said the PDC has no jurisdiction over how a tribe spends money. Save Family Farming alleges What’s Upstream lead organizer Larry Wasserman, the tribe’s environmental policy director, failed to register his group as a political committee or grassroots lobbying organization. The complaint also named EPA Northwest Administrator Dennis McLerran and Seattle lobbying firm Strategies 360.

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:

Donald Trump’s Early Backers in State Government May See Rewards
New York Times – Monica Davey | Published: 11/23/2016

In every race for the White House, there are early and fierce endorsers of the winning candidate who are then viewed, post-election, as having greater influence. Some are courted for cabinet spots, but more seek the president’s ear on state policies, federal funds, and infrastructure projects. Rarely, though, are the lines as stark as in this election, largely because some Republican leaders took the unusual step of not endorsing Donald Trump – early or ever. And what this means now for the ones who did is far from clear.

How Stable Are Democracies? ‘Warning Signs Are Flashing Red’
New York Times – Amanda Taub | Published: 11/29/2016

Political scientists have a theory called “democratic consolidation,” which holds that once countries develop democratic institutions, a robust civil society, and a certain level of wealth, their democracy is secure. Yascha Mounk, a lecturer in government at Harvard, has spent the past few years challenging that assumption. His research suggests that liberal democracies around the world may be at serious risk of decline.

News Outlets Rethink Usage of the Term ‘Alt-Right’
New York Times – Sydney Ember | Published: 11/28/2016

With the election of Donald Trump – and his subsequent appointment of Stephen Bannon, a former chairperson of the right-wing website Breitbart News, as his chief White House strategist – the term alt-right has emerged as a linguistic flash point. Generally deployed by news organizations to describe a far-right, white nationalist movement known for its aggressive online expression, the term has attracted widespread criticism among those, particularly on the left, who say it euphemizes and legitimizes the ideologies of racism, anti-Semitism, Islamophobia, and white supremacy.

Federal:

Trump Announces He Will Leave Business ‘in Total’ – Leaving Open How He Will Avoid Conflicts of Interest
Washington Post – Drew Harwell | Published: 11/30/2016

Donald Trump said he would take steps to separate himself from his global business empire in the hopes of preventing the appearance of a conflict-of-interest as he becomes president. But Trump’s announcement, delivered in a series of early-morning posts on Twitter, drew an immediate rebuke from legal and ethics experts, who said the posts suggest Trump is not planning to take sufficient steps to eliminate the conflicts. It remains unclear what the president-elect’s plan will look like, but simply removing Trump from operational, day-to-day control of business decisions still could allow him to benefit financially from payments made to his companies by foreign governments, which may be prohibited by the so-called emoluments clause of the Constitution.

Trump to Accept Inauguration Funds from Corporations and Big Donors
New York Times – Nicholas Fandos | Published: 11/23/2016

President-elect Donald Trump is hoping to raise $65 million to $75 million to fund the activities planned for his inauguration. Trump plans to ban money from registered lobbyists, whom he barred from working for his administration. But the restrictions will be lighter on corporations and individuals, the groups that have traditionally provided a vast majority of funding for the festivities surrounding the transfer of power. Trump will seek corporate contributions of up to $1 million and even allow donations from PACs on a case-by-case basis. The restrictions, which members of the inaugural committee cautioned have yet to be finalized, represent a continued march back from standards set in 2009 by Barack Obama.

Trump’s Twitter Addiction Could Reshape the Presidency
Politico – Eli Stokols | Published: 11/29/2016

President-elect Donald Trump has recently proposed a reversal in American diplomatic relations with Cuba, boasted about negotiations with a major manufacturer, trumpeted false claims about millions of illegal votes, and hinted that he might upend current free speech laws by banning flag burning. All in 140 characters or less. As news organizations grapple with covering a commander in chief unlike any other, Trump’s Twitter account – a bully pulpit, propaganda weapon, and attention magnet all rolled into one – has as quickly emerged as a journalistic challenge and a source of lively debate.

From the States and Municipalities:

District of Columbia – D.C. Council to Debate Emergency Legislation on Campaign Finance Reform
Washington Post – Jasper Scherer | Published: 11/23/2016

District of Columbia Councilperson Kenyan McDuffie said he will introduce emergency legislation to bar contributions to PACs during non-election years in an effort to close what some view as a major campaign finance loophole before the start of 2017. McDuffie chairs the council’s Judiciary Committee, which is considering five related campaign finance reform bills, some of which include a closure of the loophole. Those bills are unlikely to pass before the legislative period closes at the end of the year, but McDuffie’s emergency bill would bypass many of the steps ordinarily required.

Maine – Maine Lawmakers Say Trips at Taxpayer Expense Are Vital
Portland Press Herald – Scott Thistle | Published: 11/27/2016

Five Maine lawmakers traveled to northern Labrador to learn more about a growing hydropower industry that some hope could lower electricity costs in Maine. Reps. Mark Dion and Ken Fredette said the nearly $1,500 cost to taxpayers was justified by what they and their colleagues learned. Both said that getting into the field and away from the meeting rooms in Augusta was important in helping policymakers understand how their state might benefit from shifting regional energy markets. The trip is one highlight in dozens of taxpayer-funded excursions reviewed as part of a Freedom of Access Act request for records of out-of-state travel by lawmakers in 2015 and 2016. The Maine Sunday Telegram sought the expense records after Democratic state senators accused two of their Republican colleagues of “double dipping” on expense reimbursements, including for out-of-state travel.

Minnesota – Obscure Party Funds Become Minnesota Campaign Cash Magnets
Minnesota Public Radio – Brian Bakst | Published: 11/30/2016

While Minnesota law limits how much individual candidates can take from lobbyists and PACs, the rules are looser for local party units. Interest groups have channeled hundreds of thousands of dollars to Republican and Democratic causes the past few years by moving the money through the local political units of some of the state’s most powerful lawmakers. The money flies mostly under the public radar but buys lobbyists visibility and possibly influence with the Capitol’s power brokers.

Missouri – Could 2017 Be The Year That Ethics Reform Takes Hold in Missouri?
Kansas City Star – Jason Hancock | Published: 11/28/2016

Jefferson City’s reputation has been fueled in part by the fact that Missouri is the only state with no limits on both campaign contributions and lobbyist gifts. As a result, huge donations to campaigns have become commonplace, and elected officials accept hundreds of thousands of dollars in gifts every year. Reform efforts stalled during the 2016 legislative session. But disappointment has given way to optimism over the results of the recent election. Missourians approved a constitutional amendment reinstating contribution limits, and elected candidates for governor and attorney general who made corruption the centerpiece of their campaigns. Voters gave lawmakers a mandate to finally pass meaningful ethics reform, said Assistant Senate Majority Leader Bob Onder.

New York – Emails Released by Mayor de Blasio’s Office Detail Reliance on Outside ‘Agents’
New York Times – J. David Goodman | Published: 11/23/2016

New York City Mayor Bill de Blasio’s administration released a third batch of its correspondence with outside advisers that it has designated as “agents of the city.” The emails date to the first days of de Blasio’s tenure, from early 2014 through April 2015. Watchdog groups have raised concerns that the advisers act as a “shadow government” and present concerns about conflicts-of-interest because they also represent companies that do business with the city.

North Carolina – In North Carolina, No End in Sight to Governor’s Race
New York Times – Richard Fausset | Published: 11/29/2016

The North Carolina governor’s race remains an unresolved, contested muddle. The challenger, Roy Cooper, has declared victory. But incumbent Pat McCrory, trailing by thousands of votes in the as-yet-unfinished tally, has refused to concede, as he and his allies charge the election was marred by numerous irregularities. The imbroglio is so complicated that a spokesperson for the State Board of Elections could not say when it might be resolved. It comes amid a broader wave of skepticism about the integrity of the basic mechanics of the American electoral process, including the recount of the presidential results in three states. The move enraged President-elect Donald Trump, who said on Twitter that “millions” of people had illegally voted for Hillary Clinton, a widely derided claim for which he offered no evidence.

South Dakota – Daugaard Favors Repeal of New Ethics Law
Rapid City Journal – James Nord (Associated Press) | Published: 11/23/2016

Over two dozen Republican lawmakers and others are going to court to block a government ethics overhaul approved by South Dakota voters on November 8. Their lawsuit filed in state court challenges the constitutionality of the ballot measure that took effect recently. Foes of the measure argue provisions including an ethics commission and limitations on lobbyist gifts to lawmakers run afoul of the state or federal constitutions, or both. Gov. Dennis Daugaard said he does not plan to include millions of dollars of funding in his December budget proposal for a public campaign finance system established under the new law.

Virginia – Special Interests Spend Millions to Pay Virginia Legislators’ Bills
The Daily Press – Dave Ress | Published: 11/27/2016

Virginia law does not place limits on who can give to political campaigns or on how much can be donated. Similarly, state law sets no rules for where or how candidates may spend campaign funds. That means money contributed to campaigns can, and often does, pay for expenses that have nothing to do with running for office. Large sums flow in – and keep rising, year after year, even though many legislators do not actually face opponents and only a handful represent districts where opponents can mount a serious challenge.

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:

Political Divide Splits Relationships – and Thanksgiving, Too
New York Times – Sabrina Tavernise and Katharine Seely | Published: 11/15/2016

The election is over, but the repercussions in people’s lives may be just beginning as families across America contemplate uncomfortable holidays – or decide to bypass them – and relationships among friends, relatives, and spouses are tested across the political divide. Democrats in some cases are refusing to sit across the table from relatives who voted for President-elect Donald Trump, a man they say stands for things they abhor. Many who voted for Trump say it is the liberals who are to blame for discord, unfairly tarring them with the odious label of “racist” just because they voted for someone else.

Rights Groups See ‘Unprecedented’ Support in Wake of Election
Washington Post – Sandhya Somashekhar | Published: 11/15/2016

Perhaps the most concrete action to follow the end of the divisive election season has been a surge in donations to various organizations whose agendas counter those proposed by President-elect Donald Trump. In recent days, groups that champion causes like civil liberties and women’s health, as well as focus on immigration rights and anti-discrimination initiatives, have seen record responses to the election in the form of contributions and volunteer applications. Left-leaning organizations say they are being forced to regroup in the wake of the election that gave Republicans control of both the White House and Congress for the first time in a decade.

Why Facebook and Google Are Struggling to Purge Fake News
Washington Post – Nick Wingfield, Mike Isaac, and Katie Benner | Published: 11/15/2016

Google and Facebook announced they would ban fake news sites from using their respective advertising platforms, a strategy aimed at cutting off some of the revenue sources for the sites, which have been under fire for stoking fears during the campaign. Facebook will bar all fake news sites from its Facebook Audience Network, while Google will ban them from using its AdSense ad-selling software. The move has raised new questions about long-standing claims by Facebook, Google, and other online platforms that they have little responsibility to exert editorial control over the news they deliver, even when it includes outright lies, falsehoods, or propaganda that could tilt elections.

Federal:

Former Illinois Congressman with ‘Downton Abbey’ Office Is Indicted
Washington Post – Matt Zapotosky | Published: 11/10/2016

Former U.S. Rep. Aaron Schock, whose taste for first-class travel and a “Downton Abbey”-themed office design led to questions about his judgement and adherence to spending rules, was indicted by a federal grand jury on 24 counts, including wire fraud and theft of government funds. Ethics questions arose after The Washington Post reported on his opulent Capitol Hill office in 2015, which prompted a government investigation into whether he had improperly accepted pro bono interior design services. Schock personally paid back $40,000 for office renovations, which included a crystal chandelier and a plume of pheasant feathers. A New York Times article described the office as being decorated like a drawing room from “Downton Abbey.”

How Federal Ethics Laws Will Apply to a Trump Presidency
New York Times – Steve Eder | Published: 11/11/2016

A theme of Donald Trump’s presidency is likely to be the clash of his duties running the country with the remnants of his decades as a businessperson. But federal rules and precedent make a couple of things clear. Trump will have no immunity from lawsuits involving his corporate ventures, thanks to a U.S. Supreme Court ruling involving Paula Jones, one of former President Bill Clinton’s accusers. And nothing will stop Trump’s family from continuing to run its vast international web of businesses. Federal ethics laws and conflict-of-interest statutes that apply to other federal employees and cabinet members do not apply to the president.

Trump Draws Sharp Rebuke, Concerns Over Newly Appointed Chief White House Strategist Stephen Bannon
Washington Post – Jose DelReal | Published: 11/13/2016

Critics denounced President-elect Donald Trump for appointing Stephen Bannon to a top White House position as chief strategist. Civil rights groups, senior Democrats, and some Republican strategists have said that Bannon, the former head of Breitbart News, will bring anti-Semitic, nationalist, and racist views to the West Wing. Bannon has said while there are fringe elements associated with the right-wing nationalist movement, his critics are painting with too broad a brush. “These people are patriots,” he said. “They love their country. They just want their country taken care of.”

Trump Team Sets Broader Limits on Lobbying by Former Staff
New York Times – Michael Shear and Eric Lipton | Published: 11/16/2016

President-elect Donald Trump’s transition team announced it will require incoming officials to terminate their lobbyist registrations and agree not to lobby again for five years after leaving the administration. The sweeping post-employment restrictions could make it difficult for Trump, whose transition team has struggled to get off the ground, to attract experienced professionals in policy circles where lobbying is a common revenue stream. The policy is in some ways far more rigid than President Barack Obama’s groundbreaking lobbyist ban.

From the States and Municipalities:

Alabama – Strange’s Office Asked Groups for Input on Ethics Law
Montgomery Advertiser – Brian Lyman | Published: 11/15/2016

A few months after securing the conviction of House Speaker Mike Hubbard under the state ethics law, Alabama Attorney General Luther Strange’s office solicited input about the law and its application to groups covered by it. The main point of unease grows from the Hubbard jury’s application of the ethics law to individuals and organizations who hire lobbyists, known as principals. The state’s ethics law forbids legislators from asking for or receiving any “thing of value” from a lobbyist or a principal. The Hubbard trial also led to questions about how state employees could find employment in the private sector without violating the ethics law.

Florida – Toll Board Lobbyist Accused of Foiling County’s Push for Transit Funds
Miami Herald – Douglas Hanks | Published: 11/11/2016

The private lobbyist Miami-Dade County hired to push transit legislation had another client on the issue that paid more: the Miami-Dade Expressway Authority. A report from the county’s ethics board criticized the lobbyist, Fausto Gomez, for not disclosing the “potential conflict” and recommended that the county commission ban his firm, Gomez Barker, from county lobbying contracts for up to three years.

Illinois – Red Light Cameras Figure Given 2 1/2 Years in Prison for Massive Bribe Scheme
Chicago Tribune – David Kidwell | Published: 11/10/2016

The former chief executive officer of Chicago’s longtime red light camera vendor was sentenced to two-and-one-half years in prison for her role in a $2 million cash-for-cameras bribery scheme with a top City Hall manager who rigged the contract for a decade. In addition to imposing the prison sentence, the judge ordered Karen Finley to pay $35,000 up front in restitution and then 10 percent of whatever net income she makes for the rest of her life. The sentence will run concurrent with the 14-month prison term given to Finley in federal court in Ohio for her role in a smaller bribes-for-contracts scheme there.

Massachusetts – Federal Prosecutors Open Criminal Grand Jury Probe of Thornton Law Firm Donations
Center for Responsive Politics – Andrea Estes (Boston Globe) and Viveca Novak | Published: 11/15/2016

Federal prosecutors have opened a grand jury investigation into potentially illegal campaign contributions from lawyers at the Thornton Law Firm, a leading donor to Democrats around the country. The U.S. attorney’s office is one of three agencies now looking into the Boston-based personal injury firm’s practice of reimbursing its partners for millions of dollars in political donations. The law firm has insisted the donations were legal, but soon after the media revealed the firm’s practice, politicians began returning hundreds of thousands of dollars in donations. Federal prosecutors, as well as state and federal campaign finance regulators, are investigating whether Thornton and its lawyers violated the law by paying “bonuses” to firm partners in the exact amount of their political donations and often on the same day. The firm’s attorney acknowledges the payments went on for a decade.

New Jersey – GWB Scandal Puts a Light on the Benefits of Lobbying
Bergen Record – John Reitmeyer | Published: 11/14/2016

Wolff & Samson is one of the top “go-to” law firms in New Jersey, continuing the tradition of others that reap benefits when a particular political party or close ally is in power. Public records show the law firm headed by David Samson, who was legal counsel for Gov. Chris Christie’s 2009 campaign and led his transition team, also has earned millions of dollars doing legal work for numerous government agencies during Christie’s tenure. Wolff & Samson also employs lobbyists who have represented major corporations seeking favorable outcomes from state government.

New York – Cuomo, Stung by a Scandal, Offers Ethics Reforms
New York Times – Vivian Yee and Jesse McKinley | Published: 11/16/2016

New York Gov. Andrew Cuomo said he is taking a number of unilateral steps designed to reduce potential conflicts-of-interest and fraud in the annual awarding of billions of dollars in state contracts. Cuomo said he will ban his political campaign and the state Democratic Party from accepting contributions from companies as they bid for state contracts. He will also create new watchdog positions to oversee the executive branch and the state’s higher-education system, among other reforms.

Tennessee – Legal Loophole Allows Donors to Obscure State Campaign Contributions
The Tennessean – Joel Ebert | Published: 11/14/2016

Andy Miller, one of the most significant Tennessee Republican Party donors in recent history, has used more than a dozen names, addresses, and job descriptions when giving as much as $550,000 in state contributions, making it difficult to track the money. The obfuscation of the donations to state PACs, incumbent state lawmakers, and legislative candidates illustrates a loophole in campaign finance law that helps wealthy donors skirt contribution limits, according to an analysis of more than a decade of campaign finance reports.

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:

Election Maps Are Telling You Big Lies About Small Things
Washington Post – Lazaro Gamio | Published: 11/1/2016

November 8 is the Super Bowl for election maps, when red-and-blue geographical representations of the U.S. fill the front pages of news websites by night and newspapers the next morning. This kind of map is common in almost every election: 50 states (and the District of Columbia), two colors, one winner. Despite its ubiquity, it is profoundly flawed. These maps say only one thing – some states are bigger than others. In a presidential election, how much bigger the state of Wyoming is than New Jersey is not relevant to the outcome, which is based on how electoral votes are apportioned. If you chart the states by electoral votes, a more accurate picture of which states will elect Donald Trump or Hillary Clinton emerges.

Why Sexual Harassment Persists in Politics
New York Times – Sheryl Gay Stolberg | Published: 11/2/2016

It has been 25 years since Anita Hill testified against Clarence Thomas before an all-male Senate Judiciary Committee, and propelled the term sexual harassment into the national spotlight. Once again, the nation is debating gender roles, amid a presidential campaign that features a woman, Hillary Clinton, who stands a chance of becoming America’s first female president, against a man, Donald Trump, who has been caught on a recording bragging about kissing and groping women whenever he wanted. Politics and Legislatures, like many other environments, remain rife with sexual harassment – and young people, including men, are particularly at risk, and still reluctant to speak out.

Federal:

Abedin Tells Colleagues She’s in Dark About New Email Trove
Politico – Josh Gerstein | Published: 10/31/2016

Top Hillary Clinton aide Huma Abedin has told people she is unsure how her emails could have ended up on a device she viewed as her husband’s computer, the seizure of which has reignited the Clinton email investigation. A person familiar with the inquiry said Abedin was not a regular user of the computer, and when she agreed to turn over emails to the State Department for federal records purposes, her lawyers did not search it for materials, believing none of her messages to be there. That could be a significant oversight if Abedin’s work messages were indeed on the computer of her estranged husband, Anthony Weiner, who is under investigation for allegedly exchanging lewd messages with a 15-year-old girl. So far, it is unclear what – if any – new, work-related messages were found by authorities.

Evan Bayh’s Private Schedule Details Ties with Donors, Lobbyists
CNN – Manu Raju | Published: 11/1/2016

Former U.S. Sen. Evan Bayh is running to win back his seat in one of this year’s marquee races. His internal 2009 schedule obtained by CNN shows how he maneuvered behind the scenes during one of the most consequential periods of legislating on Capitol Hill. The schedule provides a rare account of how Bayh privately engaged with fundraisers, lobbyists, and donors who had a keen interest on issues. At times, his own campaign fundraiser was sitting in on his meetings with donors in his official Senate office, the schedule says, raising potential conflict-of-interest concerns. The schedule lays bare a reality of Washington, that well-connected donors often get a private audience with a powerful member of Congress, a luxury most Americans cannot afford.

For Democrats, Anthony Weiner Makes an Unwelcome Return
New York Times – Maggie Haberman and Alexander Burns | Published: 10/30/2016

Anthony Weiner – the name became almost a curse word among Democrats over the past few days as the disgraced former congressman unexpectedly surfaced in the final stretch of the presidential contest. Weiner, who lost his seat after repeated episodes in which he sent lewd messages to women, is now under federal investigation for allegedly sending sexual messages to a 15-year-old girl. In that inquiry, the FBI seized a laptop that contained thousands of messages belonging to Huma Abedin, Weiner’s estranged wife and a top aide to Hillary Clinton. FBI Director James Comey said investigators will now review those messages. “It’s like one of those ‘Damien’ movies – it’s like every time you think he’s dead, he keeps coming again,” said the Rev. Al Sharpton.

How Politicians Hide Their Spending from the Public
Politico – Shane Goldmacher | Published: 11/2/2016

Donald Trump has leveraged an increasingly popular loophole for politicians seeking to outmaneuver the campaign finance system: routing their spending through consulting firms to obscure the ultimate destination of their dollars, keeping the public in the dark about facts as basic as who they are paying and how much they are paying them. Hillary Clinton has paid her digital firm more than $55 million through payments from her campaign and joint committee with the party, and provided no specifics on the firm’s ad-buying or other activities. At its most extreme, a candidate could theoretically hire a single firm to run their entire campaign and only disclose that one payment.

Sleeping Like the Enemy
Politico – Shane Goldmacher and Annie Karni | Published: 11/1/2016

Since the debut of her official campaign plane on Labor Day, there have been full weeks when Hillary Clinton has campaigned every day in swing states and returned to her home every night in between. In total, she has spent a little over half a dozen nights on the road. Instead of more efficient campaign trips, Clinton has prioritized ending her days in either her farmhouse in New York or her mansion in Washington. In a campaign of contrasts, it is one of the most striking similarities between Clinton and Donald Trump – two well-to-do New Yorkers who add hours of travel to their schedules, and thousands of dollars to their campaign expenses, in order to avoid sleeping in hotels.

The Residents in the Nerdiest Group House in Washington Want to Shake Up Washington’s Oldest Trade
Washingtonian Magazine – Michael Gaylord | Published: 10/30/2016

Since its debut, Quorum has cranked out the political charts and graphics that websites and blogs feast on. At the same time, the company has signed up a passel of heavy-hitter clients who pay into the six figures per year, with Covington & Burling, the United Nations Foundation, Toyota, the Podesta Group, the Club for Growth, and U.S. House Majority Leader Kevin McCarthy among them. Quorum produces political intelligence for lobbyists and companies that monitor minute changes in policy. Its platform features bill tracking, social-media alerts, a searchable Congressional Record, and tools to connect and set up meetings with staffers.

From the States and Municipalities:

California – A $72-Million Apartment Project. Top Politicians. Unlikely Donors.
Los Angeles Times – David Zahniser and Emily Alpert Reyes | Published: 10/30/2016

Dozens of donors with direct or indirect connections to real estate developer Samuel Leung gave more than $600,000 to Los Angeles-area politicians as his $72-million project was being reviewed. Of those who donated, 11 said they did not give or do not remember doing so, raising questions about whether they were the true source of the money. Several donors said they could not recall basic information about their contributions, including why they gave and to whom. One donor said she was reimbursed for at least one conrtribution, a practice that is not permitted under the city’s ethics law.

Kentucky – Lobbyist Donations Aid Candidates Despite Law
Louisville Courier-Journal – Tom Loftus | Published: 10/31/2016

Those who lobby the General Assembly are forbidden by state law from making campaign contributions to candidates for the Kentucky House or Senate. But they are allowed to donate to state political parties, which this year have no higher priority than electing their candidates in the high-stakes races that will decide control of the House. And most major lobbyists are taking advantage of the opportunity.

Massachusetts – Law Firm ‘Bonuses’ Tied to Political Donations
Boston Globe – Viveca Novak (Center for Responsive Politics) and Andrea Estes | Published: 10/30/2016

The Thornton Law Firm in Boston commonly reimbursed the firm’s partners for their campaign contributions by awarding them bonuses. From 2010 through 2014, three partners donated nearly $1.6 million to Democratic Party fundraising committees and a parade of politicians. Over the same span, the lawyers received $1.4 million listed as “bonuses” in the firm’s records. Thornton said its donation reimbursement program was reviewed by outside lawyers and complied with applicable laws. Campaign finance experts said without reviewing the firm’s records, they cannot say the payback system breaks the law, but it raises numerous red flags.

Montana – Federal Judge Upholds Montana Campaign Disclosure Law
Montana Public Radio – Matt Volz (Associated Press) | Published: 11/1/2016

A federal judge upheld Montana’s campaign finance reporting and disclosure laws, rejecting arguments it unconstitutionally interferes with the free speech of groups that want to influence elections without revealing where they get their money or how they spend it. Montanans for Community Development, which had previously sued the state over its campaign finance laws, amended its lawsuit last year to challenge the Disclose Act. U.S. District Court Judge Dana Christensen knocked down each of the group’s arguments. Besides ruling the law serves an important government interest, the judge also rejected arguments it was overly burdensome to political committees and unconstitutionally vague on what constitutes a committee, expenditure, and contribution.

New York – Behind Closed Doors, Measures to Reform City’s Campaign Laws Raise Concerns
New York Times – Jim Dwyer | Published: 11/1/2016

Three years after elections revealed flaws in New York City’s campaign finance laws, the city council may be moving to fix some of the worst problems, but not without including a few changes that would benefit individual council members. Up to a dozen new bills are being shaped behind closed doors, and although no drafts have been released yet, word coming from the council has alarmed some of the city’s advocates for better and fairer elections.

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:

Insurers Give Big to Races Determining Their Regulators
Center for Public Integrity – Michael Mishak | Published: 10/20/2016

The insurance industry has pumped more than $6 million into political efforts to influence a dozen state races that determine who regulates the nation’s insurance companies. The giving is a critical part of a larger operation aimed at affecting the sleepy world of insurance regulation. A Center for Public Integrity investigation found a pattern of coziness between state insurance commissioners and the insurers they regulate, involving lavish dinners, corporate-backed trips to luxury resorts, and the implicit promise of industry jobs once commissioners leave office. Yet it starts with campaign contributions. Over the past decade, insurance companies and their employees were among the top political donors to commissioner candidates in at least six of the 11 states that elect regulators. And they are consistently among the top contributors to the two major political groups active in gubernatorial races.

Federal:

Brand Promotions Suggest Donald Trump Is Looking Past Election Day
New York Times – Maggie Haberman and Nick Corasaniti | Published: 10/26/2016

Time is running out on Donald Trump’s presidential campaign, but his closing argument sounds as much about his business interests as his electoral ones. As Hillary Clinton and her surrogates fan out across the battleground states, Trump’s schedule has found plenty of room for self-promotion. His actions are a remarkable display of personal promotion by a presidential nominee, raising questions about whether Trump, who has lived by the mantra that “all publicity is good publicity,” is at least partly casting his eye past the 2016 race, and toward bolstering the brand that bears his name.

Clinton Sticks with Obama’s Strict Lobbying Rules – for Now
Politico – Anna Palmer and Andrew Restuccia | Published: 10/26/2016

Hillary Clinton’s campaign is limiting how federal lobbyists can work with the transition teams that are tasked with planning for the transfer of power at dozens of key agencies. The campaign’s policy operation, which is a separate entity from the transition team, continues to be the point of contact for companies, consultants, and lobbyists. It is an indication that Clinton is unlikely to abandon all of the lobbying restrictions imposed by President Obama. The transition operation’s ethics pledge mandates that transition officials recuse themselves from working on any issues on which they have lobbied in the past year. The rules also require transition staff who stay in the private sector to agree, for one year, not to appear before or seek to influence any federal agency they focused on during the transition.

For Some Conservative Female Pundits, This Election Has Been a Nightmare
Washington Post – Kelsey Snell | Published: 10/25/2016

In CNN’s green room, the conservative women saturating the cable network’s prime-time lineup this election season typically make small talk. But recently, the silence backstage can be deafening. Especially when the subject is Donald Trump and his behavior toward women. This painful debate plays out nearly every night in front of millions of viewers, and it has only gotten more graphic and personal since the release of a videotape depicting Trump boasting about groping women. For conservative women like S.E. Cupp, a Trump opponent, this election has become a nightmare. These women say they would rather be explaining why Hillary Clinton is a bad choice for president, but Trump is like an asteroid blocking out all of the sun that might shine in a normal election.

How Mega-Donors Helped Raise $1 Billion for Hillary Clinton
Washington Post – Matea Gold and Anu Narayanswamy | Published: 10/24/2016

Determined not to fall behind in raising money for her presidential bid, Hillary Clinton ramped up her appeals to rich donors and shrugged off restrictions that President Obama had imposed on his fundraising team. Even as her advisers fretted about the perception that she was too cozy with wealthy interests, they agreed to let lobbyists bundle checks for her campaign, including those representing some foreign governments, emails show. Top aides wooed major donors for super PACs, taking advantage of the leeway that campaigns have to legally collaborate with the groups on fundraising. The effort paid off. Together with the party and pro-Clinton super PACs, the Democratic nominee had amassed $1.14 billion to support her campaign by the end of September.

Judge Preserves Fattah Bribery Conviction, Overturns Other Parts of June Verdict
Philadelphia Inquirer – Jeremy Roebuck | Published: 10/21/2016

A federal judge rejected former U.S. Rep. Chaka Fattah’s bid for a new trial, spurning arguments that a recent U.S. Supreme Court decision narrowing the legal definition of bribery would have changed the outcome of his case. U.S. District Court Judge Harvey Bartle III overturned Fattah’s convictions on four counts of fraud and falsifying records, but otherwise endorsed the jury’s conclusion that he had accepted bribes from wealthy supporter Herbert Vederman in exchange for official acts. The decision was one of the first to affirm a guilty verdict in a federal bribery case since the Supreme Court vacated the conviction of former Virginia Gov. Robert McDonnell, a ruling that legal experts feared would make prosecuting public corruption cases more difficult.

Want a Presidential Appointment? Step 1: Oppo research on yourself
Politico – Sarah Wheaton, Nancy Cook, and Andrew Restuccia | Published: 10/24/2016

More than a dozen people who expect, or simply hope, to be tapped by Hillary Clinton or Donald Trump have already reached out to top lawyers for help in sifting through their finances and business dealings in anticipation of being nominated to a top post in the next administration. This need for private professional help – before an election is even over and the confirmation process has begun – has spawned a small yet influential cottage industry within big Washington, D.C law firms of professional vetters, who can charge anywhere from hundreds of dollars to as much as $1,000 per hour to sort through a potential nominee’s convoluted finances, tax returns, or even old arrest records.

What Drives Donald Trump? Fear of Losing Status, Tapes Show
New York Times – Michael Barbaro | Published: 10/25/2016

The intense ambitions and undisciplined behaviors of Donald Trump have confounded even those close to him, especially as his presidential campaign comes to a tumultuous end, and he confronts the possibility of the most stinging defeat of his life. But in the more than five hours of conversations – the last extensive biographical interviews Trump granted before running for president – powerful driving force emerges: his deep-seated fear of public embarrassment. The recordings reveal a man who is fixated on his own celebrity, anxious about losing his status, and contemptuous of those who fall from grace. They capture the visceral pleasure he derives from fighting, his willful lack of interest in history, his reluctance to reflect on his life, and his belief that most people do not deserve his respect.

From the States and Municipalities:

California – California Politician Shows Little Remorse, Gets Prison Time
Sacramento Bee – Brian Melley (Associated Press) | Published: 10/21/2016

Former California Sen. Ronald Calderon, once the most powerful member of a politically influential family, was sentenced to 42 months in prison after he pleaded guilty in a federal corruption case. Calderon admitted he had accepted tens of thousands of dollars in bribes in return for official favors. He took $12,000 worth of trips to Las Vegas from an undercover FBI agent who posed as the owner of a Los Angeles movie studio seeking his support for film tax credits, though the legislation never passed. The agent hired Calderon’s daughter for a $3,000 a month no-show job and paid $5,000 toward his son’s college tuition. Calderon also acknowledged helping a hospital owner maintain a health care fraud scheme in exchange for hiring his son each summer over three years.

California – The GOP Dead Zone: You won’t find any Republicans to vote for in L.A. County
Los Angeles Times – Javier Panzar | Published: 10/26/2016

When 818,000 voters in Los Angeles County fill out their ballots this election, they will find themselves in strange political territory: the only Republican names they will see will be presidential nominee Donald Trump and his running mate Mike Pence. In this GOP “dead zone” – spanning parts of five congressional districts, five state Assembly districts, and one state Senate district – not a single Republican candidate made it on to the November ballot. This scenario is the result of California’s relatively new, voter-approved primary system in which the two candidates who finish with the most votes in the June election go on to the general election, even if they are from the same party.

New Jersey – Bridgegate Offers Peek at Trenton’s ‘Political Shop’
MyCentralJersey.com – Dustin Racioppi | Published: 10/24/2016

Since the lane closings on the George Washington Bridge in 2013, New Jersey Gov. Chris Christie, and the private investigators his office hired, have maintained the Intergovernmental Affairs department led by Bill Stepien did not become politicized until after he left and turned over duties to Bridget Anne Kelly, who is accused of working with other officials to block access to the bridge as political retribution. But testimony and evidence in Kelly’s trial have contradicted those assertions and showed Stepien and his staff regularly mixing politics with policy, raising questions of ethics violations in the governor’s office and suggesting instances of quid pro quo.

North Carolina – Protests and Storms Make North Carolina’s Election Year ‘a Bizarre Experience’
New York Times – Richard Fausset | Published: 10/25/2016

There may be no other state with as much to sort through, or as much at stake on November 8, as North Carolina. Hillary Clinton and Donald Trump are in a tight battle there, one of the most contested swing states. The governor’s race between Pat McCrory and his Democratic challenger, state Attorney General Roy Cooper, may be the closest in the country, as well as being a sort of referendum on the state’s sharp right turn in recent years. And control of the U.S. Senate could be determined by an equally close race between U.S. Sen. Richard Burr, an incumbent Republican, and his Democratic challenger, Deborah Ross.

Pennsylvania – Kathleen Kane, Former Pennsylvania Attorney General, Is Sentenced to Prison
New York Times – Jon Hurdle and Richard Pérez-Peña | Published: 10/24/2016

Former Pennsylvania Attorney General Kathleen Kane was sentenced to 10 to 23 months in jail for illegally disclosing details from a grand jury investigation to embarrass a rival and lying about it under oath. She was also sentenced to eight years of probation by a Montgomery County judge who said Kane’s ego drove her to take down enemies and break the law. Kane feuded with Frank Fina, a former top state prosecutor. Seeking to undercut Fina, Kane leaked to The Philadelphia Daily News information about a grand jury investigation he had been involved in, a leak that would lead to the criminal investigation of her actions.

Pennsylvania – Kenney Amends Gifts Rules for His Staff
Philadelphia Inquirer – Claudia Vargas | Published: 10/27/2016

Philadelphia Mayor Jim Kenney signed an executive order that expands restrictions on gifts to city employees working in the executive branch. His action updated the Executive Order on Gifts to specifically prohibit executive branch employees from receiving gifts from registered lobbyists. The new executive order creates some specific exemptions, including that employees can accept food, beverages, or entertainment at a reception open to the public for which no ticket or invitation is required. Another change is that a city employee may not receive a gift from a person who sought some action from that employee within the preceding 12 months. The order takes effect immediately.

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.