National:

Political Polarization? It’s Not Just in Washington
Boston Globe – Jill Ramos | Published: 2/19/2016

Political scientists at the Massachusetts Institute of Technology have measured for the first time the relative liberalism or conservatism of all 50 states by examining a host of policies from the past eight decades. The study shows state policies across the country became more liberal between the 1930s and 1970s, and then stopped. In more recent years, overall economic policies have been constant, but social policies have become more liberal. The findings also confirmed what might have been suspected for some time: that over the past 20 years, states have become more politically polarized, not just in voting for president or members of Congress but also in state-level policies.

Univision Aims to Make Hispanic Voting Bloc Even More Formidable
New York Times – Nick Corasaniti | Published: 2/22/2016

Univision, including its top-rated Spanish-language network and many subsidiaries, is making an ambitious nationwide effort aimed at registering about three million new Latino voters this year, roughly the same number who have come of voting age since 2012. The initiative will entail an aggressive schedule of advertisements on all of Univision’s video and digital platforms. Station managers will exhort their audiences in old-fashioned editorials, a comprehensive online voter guide will be updated throughout the election season, and the media company will use the kinds of grassroots organizing events usually staged by candidates to try to turn its viewers into even more of a powerhouse voting bloc than it already is.

Federal:

Bernie Sanders, as Secular Jew, Leaves Religion in Background
New York Times – Joseph Berger | Published: 2/24/2016

The secular image that Bernie Sanders casts is complicating the way American Jews regard the historic nature of his candidacy. When Joseph Lieberman, an Orthodox Jew who spurned campaigning on the Sabbath, was Al Gore’s vice-presidential running mate in 2000, many Jewish voters saw it as a breakthrough. While Sanders’ surprising run for even higher office is eliciting many strong emotions, religious pride is usually not the main one.

Democratic Party Fundraising Effort Helps Clinton Find New Donors, Too
Washington Post – Matea Gold and Tom Hamburger | Published: 2/20/2016

Campaign officials for Hillary Clinton last summer urged state officials to sign on to an ambitious fundraising endeavor that would allow Clinton’s presidential bid, the Democratic National Committee, and the state parties to collect and share contributions from wealthy donors. A record 32 state parties signed on to the fund, allowing the committee to solicit donations 130 times greater than what a supporter can give to Clinton’s campaign for the primary. But the states have yet to see a financial windfall. Meanwhile, Clinton’s campaign has been a major beneficiary, getting an infusion of low-dollar contributions through the committee. The early, expansive use of a jumbo-size joint fundraising committee shows how the Clinton campaign has worked to maximize donations from wealthy supporters, seizing on rules loosened by the U.S. Supreme Court.

Fall of the House of Bush: How last name and Donald Trump doomed Jeb
Washington Post – Ed O’Keefe, Dan Balz, and Matea Gold | Published: 2/21/2016

Jeb Bush dropped out of the presidential race, ending a quest for the White House that started with a war chest of $100 million, a famous name, and a promise of political civility but concluded with a humbling recognition: in 2016, none of it mattered. No single candidacy this year fell so short of its original expectations. It began with an aura of inevitability that masked deep problems. The campaign had rested on a set of assumptions that, one by one, turned out to be incorrect: that the Republican primaries would turn on a record of accomplishment in government; Bush’s cerebral and reserved style would be an asset; and a country wary of dynasties would evaluate this member of the Bush family on his own merits.

Shuster Lounges Poolside with Airline Lobbyists as He Pursues FAA Bill
Politico – Anna Palmer, Jake Sherman, and John Bresnahan | Published: 2/23/2016

Nick Calio, head of the nation’s top airline trade group, Airlines for America, testified before U.S. Rep. Bill Shuster’s House Transportation and Infrastructure Committee recently. The topic was a top priority for both men: a bill to overhaul the Federal Aviation Administration, most controversially by putting air traffic control in the hands of an entity favorable to the airlines. Two days later, Shuster’s committee approved the measure. The week after that, he and Calio traveled to Miami Beach with Shelley Rubino, an Airlines for America vice president who is Shuster’s girlfriend. The three lounged by the pool and dined together during festivities tied to U.S. Rep. Mario Diaz-Balart’s annual weekend fundraising trip. It is the most recent example of Shuster’s cozy relationship with the powerful airline association. His panel has jurisdiction over the $160 billion U.S. airline industry.

From the States and Municipalities:

California – Former State Sen. Leland Yee Sentenced to Prison
San Jose Mercury News – Howard Mintz | Published: 2/24/2016

Former California Sen. Leland Yee was sentenced to five years in prison after admitting he accepted bribes from undercover agents posing as campaign donors. He pleaded guilty to one count of conspiracy to engage in racketeering, which was filed as part of an organized crime investigation in San Francisco’s Chinatown that led to charges against more than two dozen people. Yee acknowledged accepting $11,000 in exchange for setting up a meeting with another state senator and $10,000 for recommending someone for a grant. He also discussed helping an undercover FBI agent buy automatic weapons from the Philippines that were intended to be brought to the U.S. for distribution.

Kansas – Want to Vote in This State? You Have to Have a Passport or Dig Up a Birth Certificate.
Washington Post – Sari Horwitz | Published: 2/19/2016

National attention on voting rights has mostly focused on whether new voter-identification laws in states such as North Carolina and Texas will disenfranchise minority voters. But there is a battle unfolding in Kansas over who can register to vote in the first place. Election-law experts say what happens here could have ramifications for voting throughout the country during a pivotal presidential election year. The American Civil Liberties Union sued Kansas, saying thousands of state residents are “trapped in limbo” because of the requirement that Kansans who register to vote have to show documents, such as a birth certificate or a passport, proving they are citizens.

Maine – After Legislative Raids and Funding Delays, Maine’s Public Campaign-Finance Money Could Run Out
Portland Press Herald – Steve Mistler | Published: 2/23/2016

Maine’s public campaign finance system could run out of money as state lawmakers have repeatedly raided the fund for other purposes. Jonathan Wayne, the executive director of the state ethics commission, told the Legislature’s budget writing committee that lawmakers have withdrawn around $12 million from the clean elections fund since 2002. Wayne also said the Legislature had returned $5.6 million to the voter-approved program, but that was not enough to offset the decline in funds. Supporters of the program also blame Gov. Paul LePage for withholding $1 million that was supposed to go the fund. The additional funding was included in the 2015 referendum that boosted the annual allocation to the program.

Massachusetts – Walsh Files Municipal Lobbying Legislation
Boston Globe – Mark Arsenault | Published: 2/25/2016

Boston Mayor Martin Walsh filed a home rule petition that would force city lobbyists to register and publicly report their efforts to influence public policy. It requires approval by the city council and then the Massachusetts Legislature. The proposal is based on existing lobbying rules for state government, Walsh said. He wants to get it through the Legislature this session. If the plan wins approval, municipal lobbyists in Boston would be required to file reports twice a year declaring their campaign contributions, the names of their clients, the legislation or policy decisions they had tried to influence, and the political positions for which they advocated. Lobbyists would also be required to report the pay they received from each lobbying client, as well as the dates of “lobbying communications” with public officials.

Mississippi – Elected Officials Use Campaign Finds for Private Gain in Mississippi
The Sun-Herald – Geoff Pender, Mollie Bryant, and Katie Royals (Jackson Clarion-Ledger) | Published: 2/22/2016

For many Mississippi politicians, campaign funds have become personal expense accounts or a second income, potentially tax free. The spending is largely paid for by lobbyists and special interests doing business with state government. They otherwise would not be allowed to lavish cash, gifts, or a second income on politicians. Campaign funds are shielded from taxes, ethics, and other laws because they are ostensibly to be used only for campaigning and records of them are ostensibly open to the public. Most states and the federal government, in efforts to reduce the corrosive influence of money in politics, have stringent reporting requirements. Mississippi does not. Most states also have prohibitions against personal spending of campaign money. In Mississippi, the practice is common.

Missouri – Some Question the Limits to Legislating the Missouri Legislature
St. Louis Public Radio – Jason Rosenbaum | Published: 2/24/2016

The Missouri House this year embarked on an ethics overhaul buoyed by the resignations of Reps. John Diehl and Paul LeVota, who stepped down amid accusations of inappropriate behavior toward female interns. Once the session began, the House quickly passed bills that would curb lobbyist gifts and slow down the transition between legislating and lobbying. But some lawmakers have questions about whether these reform initiatives will change a Legislature whose reputation has increasingly declined. They point out the scandals in question involved male lawmakers sexually harassing female interns, conscious choices that do not have much to do directly with lobbyist gifts or influence.

New Hampshire – N.H. Campaign Finance Lapses Go Unnoticed
Concord Monitor – Allie Morris | Published: 2/20/2016

A bill in New Hampshire would bar lawmakers from accepting campaign donations from lobbyists and block legislators from becoming registered lobbyists immediately after leaving office. It is not yet clear what lawmakers will do with the bill. But before they seek to put more regulations in place, a recent report shows they could be better served focusing on enforcing the ones that already exist. The Center for Public Integrity found campaign finance violations in New Hampshire can go largely unnoticed. The center cited a 2013 report that showed the state attorney general’s office regularly reviewed complaints regarding election violations and voter fraud, but investigated just one complaint out of 40 that dealt with campaign finance.

New Jersey – Birdsall CEO Pleads Guilty in Huge N.J. Pay-to-Play Scheme
Newark Star Ledger – S.P. Sullivan (NJ Advance Media) | Published: 2/18/2016

The former chief executive of a politically connected engineering firm has admitted to his role in a $1 million scheme to get around New Jersey’s “pay-to-play” laws. Howard Birdsall pleaded guilty to corporate misconduct. He ran Birdsall Services Group before investigators found the company disguised illegal corporate political contributions as personal donations from employees. The firm would have been disqualified from public contracts if made contributions to campaigns and political organizations in its own name. The state will recommend that Birdsall be sentenced to four years in state prison. He must also pay nearly $50,000. That is the amount of political donations he made that were reimbursed by the firm.

Virginia – No Rules Means No Accountability for Virginia Campaign Funds
ABC News – Alan Suderman (Associated Press) | Published: 2/19/2016

Records show the businesses that lobby Virginia politicians are also subsidizing meals at fancy restaurants, stays in the finest hotels, and personal expenses like gas and cellphone bills through campaign donations. Compounding the issue is the fact that lawmakers seldom face serious challenges; only a handful of races were seriously contested in 2015, and not a single incumbent lost in the general election. That means politicians who run up huge fundraising accounts to scare off challengers do not have to spend the money on campaigning.

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:

Sanders Supporters Like Chipotle, While Trump Fans Prefer Sonic
Bloomberg.com – Tim Higgins | Published: 2/18/2016

Consumer data have traditionally been used by campaigns to better understand where they should invest their ad dollars, or which potential voters and donors they should have volunteers call. Now, candidates are increasingly using the sentiment to figure out how to present themselves to voters. A survey by Resonate shows Bernie Sanders supporters are 82 percent more likely than the average American to eat at Chipotle, while Donald Trump fans are 111 percent more likely to grab a bite at Sonic. Marco Rubio’s backers are 141 percent more likely to have stayed at a Ritz-Carlton.

Snapchat Bets Big on Quick-Fire Approach to Campaign Coverage
New York Times – Nick Corasaniti | Published: 2/12/2016

Best known for photo and video messages that disappear soon after they are delivered, Snapchat is making a big bet by trying to break into the news business at a time when the industry is in turmoil. Developing a strategy for news coverage at a time when established newsrooms are struggling with the digital transition could be seen as a risky move, even for a booming technology company. But Snapchat has something that every other news organization is after: a loyal and active audience of more than 100 million users. Snapchat’s mission is to reinvent mobile storytelling through the most compelling and important story of the year – the presidential election – and it is already finding an audience, with more than one million viewers on every political story it has produced.

The Year of ‘Enormous Rage’: Number of hate groups rose by 14 percent in 2015
Washington Post – Niraj Chokshi | Published: 2/17/2016

For the first time in five years, the number of hate groups in the U.S. rose in 2015, according to a report from the Southern Poverty Law Center. Swelling numbers of Ku Klux Klan chapters and black separatist groups drove last year’s surge, though organizations classified as anti-gay, anti-immigrant, and anti-Muslim saw small increases, too. A creeping rhetoric of intolerance among politicians helped to normalize hate, the center argued. And while it singled out other presidential contenders, the center, which conservatives criticize for casting too wide a net, stated Donald Trump had “electrified the radical right.”

Federal:

Battle over Scalia’s Replacement Already Spilling into Senate Races
Washington Post – Steven Mufson and Juliet Eilperin | Published: 2/15/2016

Advocacy groups are gearing up for a fierce political fight over President Obama’s pick to fill the U.S. Supreme Court vacancy created by the death of Justice Antonin Scalia, and already the battle is spilling from the presidential campaign into some of the nation’s most hotly contested Senate races. Republicans have argued Obama should allow his successor to make the pick and they would block any attempt to confirm a new justice this year. One consideration that may force Republicans to recalibrate their strategy is the prospect of political damage to some of the embattled Senate incumbents up for re-election this fall. Democrats see a potential confirmation battle as an opportunity to put Republicans on the defensive and as a wedge issue that could help them retake control of the Senate.

Campaigns Secretly Prep for Brokered GOP Convention
Politico – Brett Schreckinger | Published: 2/15/2016

As Donald Trump and Ted Cruz divide up the first primaries and center-right candidates hammer one another in a race to be the mainstream alternative, Republicans are waging a shadow primary for control of delegates in anticipation of what one senior party official called “the white whale of politics”: a contested national convention. Should the first ballot fail to produce a nominee, the outcome of the convention will depend on results of the parallel primary now underway for the hearts and minds of delegates. Each state party has its own rules governing delegate selection, a process so steeped in nuance and legal ambiguity that there are multiple blogs dedicated to wading through it all.

DNC Rolls Back Restrictions on Lobbyist Donation
Washington Post – Tom Hamburger and Paul Kane | Published: 2/12/2016

The Democratic National Committee (DNC) has dismantled the last of its prohibitions on receiving contributions from lobbyists and PACs. The DNC opened the door to K Street donations earlier this summer, when it announced that lobbyists and corporate PACs would once again be allowed to contribute to the annual nominating conventions. With the DNC now accepting all lobbyist and PAC donations, it has reversed the policies that were adopted in 2008, when Barack Obama vowed to curb the influence of special interests in Washington.

Pope Francis Suggests Donald Trump Is ‘Not Christian’
New York Times – Jim Yardley | Published: 2/18/2016

Pope Francis suggested Donald Trump “is not Christian” because of the harshness of his campaign promises to deport more immigrants and force Mexico to pay for a wall along the border. Trump has also made inflammatory comments accusing Mexican immigrants of being rapists and criminals. Asked whether he would try to influence Catholics in how they vote in the presidential election, Francis said he “was not going to get involved in that” but then repeated his criticism of Trump, with a caveat. “I say only that this man is not Christian if he has said things like that,” Francis said.

From the States and Municipalities:

California – Coastal Chief’s Ouster Prompts Bill to Require Transparency between Lobbyists and Panel
Los Angeles Times – Dan Weikel and Tony Barboza | Published: 2/12/2016

Assembly members said they plan to introduce legislation to require people who lobby the California Coastal Commission to register with the state and disclose their clients with business pending before the land-use agency. Lawmakers contend the measure would close a loophole that exempts lobbyists on the commission level from reporting details of their activities to the public. They say their bill also would require lobbyists to report to the public the payments they receive from clients and how much they spend on lobbying for specific matters that come before the commission. Lawmakers said they are motivated by what they consider a lack of transparency surrounding the firing of commission Executive Director Charles Lester.

California – L.A. Ethics Commission OKs $47,000 in Fines for Lobbying Violations
Los Angeles Times – Emily Alpert Reyes | Published: 2/16/2016

The Los Angeles City Ethics Commission voted to fine two nonprofits more than $47,000 for failing to accurately report how much they had spent on lobbying. Both the Los Angeles Alliance for a New Economy and the Hospital Association of Southern California had registered employees with the city as lobbyists. Yet the two groups reported spending nothing on lobbying by those employees for years, even as they spoke up on a laundry list of issues at City Hall. The steeper fine imposed on LAANE – $30,000 for a dozen violations over three years – appears to be the highest for a lobbying violation that the Ethics Commission has ever imposed. The hospital group will pay $17,500.

Florida – Apopka’s Hired Lobbyist Not Registered to Lobby for City in 2014, 2015
Orlando Sentinel – Bethany Rodgers | Published: 2/11/2016

The city of Apopka paid $165,000 to Richard Anderson to lobby the state and federal governments on behalf of the city from late 2014 through 2015. But state records show there was no registered lobbyist for Apopka during that time period, either in Tallahassee or Washington, D.C. Anderson said he has not done any state or federal lobbying for Apopka because city officials never requested it. Dave Mica, chairperson of the Florida Association of Professional Lobbyists, said Anderson is not a member of his organization and declined to comment on Apopka’s situation. Mica said there are industry standards for lobbyists. “It’s stated in our code of ethics that all members should diligently and vigorously advance the interests of their client and employer,” Mica said.

Massachusetts – FBI, IRS Raid Canton Law Office of State Senator Brian Joyce
Boston Globe – Milton Valencia, Astead Herndon, and Andrea Estes | Published: 2/17/2016

The FBI and IRS raided the law office of Massachusetts Sen. Brian Joyce. A person familiar with the investigation said the raid stemmed from recent stories in The Boston Globe detailing several ways in which Joyce allegedly used his position as a senator to benefit himself and his law practice. He is already under investigation by the state Ethics Commission and recently settled allegations of improper use of his campaign fund with Office of Campaign and Political Finance. Jerry Richman said he gave Joyce free dry cleaning for more than a decade starting in 1997. Richman, who owned Woodlawn Cleaners until 2008, said Joyce brought in $50 to $100 worth of dry cleaning almost weekly for years and did not pay.

Michigan – Lansing Power Brokers: Law firms, others strengthen their lobbying corps
Crain’s Detroit Business – Lindsay Vanhulle | Published: 2/7/2016

Lobbying is not just the work of traditional multi-client firms in state capitals. Some law firms with offices in Michigan are hiring more in-house lobbyists or forming other partnerships to handle meetings with legislators, prepare testimony for committee meetings, and build the relationships needed to help swing the pendulum in favor of their clients. The investment in lobbying is not without its critics, but nontraditional shifts in hiring, and consultants who serve as these behind-the-scenes dealmakers and educators, are a trend as clients seek to save money on litigation or influence policy decisions. Another motivation is to educate existing staff on legislative issues of the day.

New Mexico – Ethics Bill Appears Dead after Sponsor Ends Support
Albuquerque Journal – Dan Boyd | Published: 2/16/2016

The New Mexico Legislature abandoned efforts to establish a state ethics commission this year that would oversee the conduct of public officials, lobbyists, and contractors. A proposed constitutional amendment to create an independent ethics agency died in a Senate committee after requests were made to rein in the authority of the agency. The plan was an ambitious component of reforms proposed in response to a campaign finance scandal last year that led the resignation and jailing of former Secretary of State Dianna Duran. The House had voted in favor of creating the ethics commission.

Utah – Free Lunches Becoming More Rare for Utah Legislators
Salt Lake Tribune – Lee Davidson | Published: 2/15/2016

Utah lawmakers’ schedules these days generally include fewer free-meal events sponsored by special-interest groups than they used to. Many groups hoping to lobby the Legislature en masse seem to be shifting away from time-consuming lunches and dinners to receptions where legislators can drop in briefly. A likely reason is the Legislature changed its pay structure a few years ago to eliminate what had been a financial incentive to accept free meals. With that gone, many now tend to value quick events that do not consume too much of their time. But so many free breakfasts, lunches, dinners, snack breaks, receptions, and family events still exist that questions arise about whether they allow wealthy special interests to buy extra access and, perhaps, influence.

Washington – State: Food industry lobby engaged in ‘egregious’ money laundering in 2013 vote
Seattle Post-Intelligencer – Joel Connelly | Published: 2/17/2016

Washington Attorney General Bob Ferguson alleges the Grocery Manufacturers Association (GMA) concealed the source of $11 million spent to fight a 2013 ballot initiative, and internal documents reveal how it was done. Ferguson is suing the GMA over a fund it set up to conceal food companies donating to the defeat of Initiative 522, which would have required labeling of all genetically engineered foods and seeds sold in Washington. Ferguson filed a suit against the GMA late in the campaign, after which the association agreed to register with the Public Disclosure Commission and provide information on donors, who turned out to be a “who’s who” of big food companies. The GMA decried what it called Washington’s “hopelessly vague disclosure law” and charged it “improperly burdens” the constitutional right of trade associations to participate in the state’s political process.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

National:

Amid Federal Gridlock, Lobbying Rises in the States
Center for Public Integrity – Liz Essley White and Ben Weider | Published: 2/11/2016

The number of business and interest groups lobbying in state Capitols has risen nearly 11 percent in recent years as organizations have shifted some efforts away from the stalemates in Washington, D.C. to statehouses, which are more apt to act on key policy initiatives, according to a new study. The Center for Public Integrity found 101 businesses, associations, or interest groups had lobbyists in at least two-thirds of the states between 2010 and 2014. That includes 21 entities registered to lobby in every state at some point during that period.

Michele Fiore, the Gun-Toting, Calendar-Posing Politician Who Negotiated the Ore. Occupiers’ Surrender
Washington Post – Michael Miller | Published: 2/11/2016

The remaining occupiers of Malheur National Wildlife Refuge in Oregon tentatively agreed to turn themselves in, largely thanks to Nevada Assemblyperson Michele Fiore’s intervention. Fiore acted as act as the de facto negotiator for the occupiers, at times agreeing with their radical views and at others, calming them down. If the standoff ends peacefully, Fiore will emerge as the most unlikely of saviors. The brash lawmaker is one of the most colorful, controversial political people in the country.

Federal:

IRS Grants Long-Delayed Tax Exempt Status to Crossroads GPS
Politico – Kenneth Vogel | Published: 2/9/2016

Karl Rove’s Crossroads GPS has been granted tax-exempt “social welfare” status. After deliberating for more than five years, the IRS sent a letter to Crossroads GPS in November telling the group that it qualifies under section 501(c)4 of the tax code that allows it to raise and spend unlimited amounts of money while keeping its donors’ identities secret. During the 2012 election cycle, Crossroads GPS technically abided by the social welfare requirement, reporting it spent only 39 percent of its total $189 million spending on “direct political activities.” But millions of the non-political expenditures involved issue advocacy without expressly advocating for or against a candidate. Campaign finance reformers are incensed by the decision, which they believe validates “dark money” spending on a huge scale.

Line Blurs Between PR, Lobbying
The Hill – Megan Wilson | Published: 2/9/2016

Many on K Street say that offering public relations services has become a necessity in an era when controlling the media message is just as important to clients as cultivating relationships, especially with the explosion of information online. “I think lobbying is changing,” said lobbyist Steve Elmendorf. “People realize that decision makers get their information in so many different ways than they used to, and there are more channels of information. You need to do more than just [direct] lobbying.”

The Politico 100: Billionaires dominate 2016
Politico – Kenneth Vogel and Isaac Arnsdorf | Published: 2/6/2016

The 100 biggest donors of 2016 election cycle have spent $195 million trying to influence the presidential election, more than the $155 million spent by the two million smallest donors combined. The analysis found the leading beneficiaries of checks from the top 100 donors were Jeb Bush’s floundering campaign for the Republican nomination, Democratic frontrunner Hillary Clinton, and Ted Cruz’s insurgent GOP campaign. The intensifying courtship of ultra-rich political partisans, which is occurring in private on both sides of the aisles in luxury resorts and phone calls, stands in contrast to the public discussion on the campaign trail, which is dominated by the concerns of the lower- and middle-class just struggling to get by.

From the States and Municipalities:

California – Two Nonprofits Face More Than $47,000 in Fines over L.A. Lobbying Forms
Los Angeles Times – Emily Alpert Reyes | Published: 2/10/2016

Los Angeles Ethics Commission staffers have proposed a fine of $30,000 for the Los Angeles Alliance for a New Economy (LAANE) and $17,500 for the Hospital Association of Southern California for not properly reporting their lobbying at City Hall. The Los Angeles Times reported a year ago that LAANE had failed to fill out key parts of city forms that are supposed to publicly reveal its lobbying activities. Several of its employees had registered as lobbyists, but the nonprofit did not report any payments to those employees or any related expenses for years at a time. Nor did LAANE report any issues that its employees were lobbying about. Commission investigators found similar gaps in the lobbying forms filed by the Hospital Association of Southern California.

Florida – Manatee Judge John Lakin Says Inexperience Led Him to Take Baseball Tickets
Bradenton Herald – Kate Irby | Published: 2/8/2016

Facing possible disciplinary action by the Florida Supreme Court, a Manatee County circuit judge has apologized for using Tampa Bay Rays tickets supplied by a firm with a case pending in his court. Judge John Lakin acknowledged violating canons of judicial conduct but denied baseball tickets influenced his decision in the case. A notice of formal charges says Lakin in June presided over a personal injury case in which a client of the firm Kallins Delgado & Little sued Wal-Mart. A jury found Wal-Mart was not liable, and a day later, Lakin’s judicial assistant contacted the firm about tickets for a Rays game. Lakin used two tickets and did not advise Wal-Mart’s attorneys, despite the case not being final. In August, Lakin issued an order setting aside the jury’s verdict and granting a new trial.

Hawaii – ‘Good Government’ Measures Take another Go at Hawaii Lawmakers
Honolulu Civil Beat – Nathan Eagle | Published: 2/10/2016

Watchdogs in Hawaii have championed ethics reform legislation for years, along with the state ethics and campaign spending commissions. But the Legislature often balks, and in some cases even works contrary to them. It is early yet in the 2016 session, which runs until May. Many reform measures are still alive, and a handful are moving forward. In a few instances, bills that stalled last year have been resurrected.

Maine – Why it’s Hard to Figure out Who’s Influencing Maine Lawmakers
Bangor Daily News – Darren Fishell | Published: 2/10/2016

For the 50 lobbyists in Maine who spent the most in 2015, The Bangor Daily News attempted to link together what those entities spent with the legislation they sought to influence and what has, so far in this ongoing session, happened with those bills. It is an exercise the state ethics commission also is going through as it prepares for another update to its website that Jonathan Wayne, the agency’s executive director, said will bring “significant improvements in the next year.” Maine has a relative abundance of information about lobbying activity, albeit self-reported and unaudited. The problem is presenting that information in a way that is understandable.

Michigan – Judge Puts Michigan ‘Gag Order’ Election Law on Hold
Detroit Free Press – Kathleen Gray and Lori Higgins | Published: 2/5/2016

A federal judge has put a temporary stop on a controversial part of a recently passed campaign finance bill. Senate Bill 571, which included significant changes in Michigan’s election law, contained a provision prohibiting the use of public resources by public entities such as schools and libraries in the 60 days before an election. The provision was found to be unconstitutionally vague by the judge, as it did not clarify what was permissible. While several bills to fix the provision have subsequently been introduced, it is likely none of them will be passed by the upcoming March 8 election.

New Hampshire – Sanders Defeats Clinton in Decisive New Hampshire Primary Victory
Washington Post – John Wagner and Anne Gearan | Published: 2/9/2016

U.S. Sen. Bernie Sanders notched his first win of the 2016 presidential race, defeating Hillary Clinton in the New Hampshire Democratic primary by a large margin. The win for Sanders amounted to a forceful rejection of Hillary Clinton, who has a deep history with New Hampshire voters and offered policy ideas that seemed to reflect the politics of the state. But Sanders, who has proposed an emphatically liberal agenda, drew support from a wide cross-section of voters, even edging her out among women, boosted by his appeal among the young. The outcome provides a fresh burst of momentum for Sanders in a race that will soon broaden to more challenging terrain and that is widely expected to grow more combative as Clinton tries to regain her footing.

New Hampshire – Trump Notches an Easy Victory in New Hampshire’s Republican Primary
Washington Post – Philip Rucker and Robert Costa | Published: 2/10/2016

Donald Trump won the New Hampshire Republican presidential primary by a decisive margin, claiming his first victory of the 2016 campaign and leaving the rest of the GOP field as murky as ever. Trump, whose blunt language and outsider image have electrified many Republicans, benefited from an unusually large field of candidates that split the vote among traditional politicians like Ohio Gov. John Kasich, who finished second, and Jeb Bush. Trump also galvanized voters with a visceral fixation on immigration and economic populism, affirming that even after the setback in the Iowa caucuses, his candidacy has genuine appeal with the GOP base as well as with the independent voters who were part of his winning coalition.

New York – Ethics Watchdog Clarifies Expanded Lobbying Definition
Albany Business Review – Marie French | Published: 2/5/2016

The New York Joint Commission on Public Ethics released answers to a list of frequently asked questions concerning a recent advisory opinion requiring the disclosure of more activities by political consultants that could be considered lobbying. Public relations firms are concerned about wording that could pull in activity ranging from talking with editorial boards to training sessions on how to advocate. Some have publicly declared they will not comply and questioned the rules’ clarity.

Ohio – Cleveland Council Approves Higher Caps on Campaign Donations
Cleveland Plain Dealer – Leila Atassi | Published: 2/8/2016

The Cleveland City Council voted to raise campaign contribution limits in mayoral races to $5,000 from an individual and $7,500 from PACs. Donations to council candidates will be capped at $1,500, with PACs donating up to $3,000. Council President Kevin Kelley, who sponsored the ordinance, has argued that increasing the limits could help newcomers run more robust campaigns against incumbents. But several council members said the legislation does nothing but widen the gap between incumbents and new candidates, setting up well-entrenched politicians to collect almost ten times more from their wealthiest donors.

Texas – FBI Arrests Nearly All The Top Officials of Crystal City, Tex.
Washington Post – Sarah Kaplan | Published: 2/8/2016

Federal agents arrested five current and former Crystal City officials – the mayor, city manager, mayor pro tempore, one of three current council members and a former councilperson – on bribery and kickback charges after a long-running public corruption probe in the low-income South Texas city. Long-suffering residents last year tried to recall three of those charged. How the city will function with only one city council member, Joel Barajas, not under federal indictment remains to be seen. The fifth council member, Marco Rodriguez, was charged recently with human smuggling in an unrelated case.

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:

How Bob McDonnell’s Case Might Help Others Accused of Public Corruption
Washington Post – Matt Zapotosky | Published: 1/29/2016

The U.S. Supreme Court will decide whether former Virginia Gov. Robert McDonnell was rightly convicted of corruption for his efforts on behalf of a businessperson who bestowed money and gifts on the governor and his family. Experts said if the court overturns the conviction, it could narrow what is considered criminal public corruption and halt investigations of politicians across the country. The McDonnell case strikes at the core issue of when, and to what extent, money should be allowed to influence politics. The justices are essentially being asked to clarify the line between a public official legally performing a routine courtesy for a benefactor, and a politician corruptly using government power in exchange for a bribe.

State Integrity Investigation Spurs Proposals for Reform
Center for Public Integrity – Nicholas Kusnetz | Published: 1/29/2016

Many states are proposing ethics reform this year, in part because of the State Integrity Investigation, an evaluation of state government accountability and transparency, published by the Center for Public Integrity and Global Integrity. The best score, a grade of “C,” went to Alaska, while 11 states received failing grades. The project found that in most states, ethics and open records laws are riddled with loopholes while the government agencies meant to enforce them are often toothless and underfunded. Many states that earned poor grades could see improvement if the new proposals are enacted.

Will Online Polls Revolutionize Elections?
Governing – Louis Jacobson | Published: 2/1/2016

Most public-opinion surveys are conducted by phone, with pollsters calling a large enough sample of the population to ensure a statistically valid survey. To do this, pollsters have had to expand their reach to cellphone users, which adds to the already considerable operational costs of survey work. Pollsters have also had to grapple with the reality that many Americans no longer want to pick up calls from an unfamiliar phone number, much less spend 20 minutes sharing their personal opinions with a stranger (or a computer) on the other end of the line. Because of these trends, some polling has moved online. Still, this shift brings with it a series of other challenges, notably the fact that a fraction of Americans remain offline. That is where The American Panel Survey comes in.

Federal:

Kool & the Gang Won’t Celebrate Republican National Convention
Center for Public Integrity – Carrie Levine | Published: 1/28/2016

Regardless of which presidential candidates win their parties’ nominations, partisan operatives view national conventions as prime networking opportunities. Corporate-and-lobbyist-sponsored events that happen alongside the conventions are classic venues for politicians and influencers to connect. Congress passed reform legislation that in part attempted to curb the convention-related mingling between lawmakers and the corporations and lobbyists that advocate before them. Still, there are loopholes that have allowed the parties to continue. Because of them, convention attendees, especially members of Congress, continue to have their pick of functions tailored to comply with the law.

Lobbying’s Top 50: Boeing, Amazon on the rise
The Hill – Megan Wilson | Published: 2/3/2016

An elite group of 50 companies and trade associations spent a combined $714 million to lobby Washington in 2015. The total represents a quarter of all the money spent on federal advocacy, and it includes some of the biggest names in corporate America, including Boeing, Exxon Mobil, and Blue Cross Blue Shield. The total does not purely encompass lobbying. Several groups, the U.S. Chamber of Commerce and the National Association of Realtors, notably, included campaign and political spending in their totals. Still, a look at the top 50 provides a snapshot of where lobbying dollars went in 2015, with many corporate interests significantly boosting their spending in response to legislative and regulatory battles.

N.R.A. Victories in Congress Grow with Chief Lobbyist’s Role
New York Times – Eric Lichtblau | Published: 1/28/2016

Chris Cox, the National Rifle Association’s chief lobbyist, has emerged as the group’s point man in pushing to defeat new gun control laws, expand existing gun rights measures, and gain even more lobbying clout for an organization he calls “the greatest political force in America.” He has also been instrumental in working on one of the association’s biggest political priorities this year: defeating Hillary Clinton in her bid for the White House. Cox leads the NRA’s PAC, which took in $31.3 million in the last three years to dole out on gun rights candidates and causes, and he is the ultimate arbiter of the coveted “grades” the group gives political candidates, which can make or break a campaign.

From the States and Municipalities:

California – San Jose Mayor Cancels Calls with His ‘Kitchen Cabinet’
San Jose Mercury News – Ramona Girwagis | Published: 2/3/2016

San Jose Mayor Sam Liccardo will no longer hold weekend calls with his “kitchen cabinet” after the hidden Saturday conversations with advisers and lobbyists were reported in the media. While it is not unusual for mayors to chat with a cabinet of close advisers, Liccardo’s group drew some criticism for being mostly white, male, and business-oriented and including two registered lobbyists who have lucrative projects before the city council.

Iowa – Cruz Edges Trump in Iowa Caucuses; Rubio Finishes Strong Third
Washington Post – Philip Rucker and Jenna Johnson | Published: 2/1/2016

U.S. Sen. Ted Cruz, powered by a surge of support from evangelical Christians, dealt a humbling loss to Donald Trump in the Iowa caucuses, throwing into question the depth of support for Trump’s unconventional candidacy.  In the first contest of what so far has been more a populist revolt against the political order than a traditional Republican primary, U.S. Sen. Marco Rubio finished a strong third, bolstering his case to consolidate the support of Republicans uneasy about the two top finishers.

Iowa – Iowa Count: Clinton nudges past Sanders in photo-finish race
Washington Post – Anne Gearan and John Wagner | Published: 2/2/2016

Hillary Clinton eked out a win over U.S. Sen. Bernie Sanders in the Iowa caucuses, but the razor-thin margin suggested the Democratic contest is headed toward a protracted wrestling match between its progressive and pragmatic wings. The virtual tie between the two candidates instantly raised the stakes for their next face-off, in the New Hampshire primary. Sanders holds a solid lead in polls there and has the advantage of being from Vermont; candidates from neighboring states have won the state’s primary in recent decades. Nevada holds its Democratic caucuses on February 20 and the South Carolina Democratic primary is a week later and Clinton could fare better in those more diverse electorates.

Michigan – Amid the Flint Water Crisis, Journalists Are Calling for Changes to Michigan’s FOIA Law
Poynter.org – Annie Byrnes | Published: 2/2/2016

Under fire for his administration’s role in Flint’s lead-tainted water emergency, Michigan Gov. Rick Snyder released his government emails related to the crisis. But Snyder withheld the emails of everyone else in the 70-person executive office along with his own emails from his first three years in office. Also left out were an unknown number of messages the public sent to the governor’s office about Flint through the state website and his staff’s responses. Michigan is one of only two states that exclude the governor’s office from public records searches. In the absence of those emails, it is still unclear when and to what extent the Snyder administration was involved in and aware of the decision to switch water sources and the resulting public health emergency.

New Mexico – Report: Perceptions of cronyism hurt state’s bottom line
NMPolitics.net – Bruce Krasnow (Santa Fe New Mexico) | Published: 1/28/2016

A new report says the perception in New Mexico that moneyed interests gain more advantage through lobbying and tax subsidies is a subtle but negative factor as businesses decide where to expand or relocate. “No question that education and infrastructure and things like broadband matter, but corruption and cronyism matter as well,” said Michael Rocca, a political scientist at the University of New Mexico. To curb cronyism in the state, the report suggests three changes that are already under consideration: a statewide ethics commission, greater transparency in campaign financing and lobbying, and a more detailed review of tax breaks given to businesses.

New York – Does Lobbying Involve Social Media Activity? New York Regulators Are Looking Into It
PRWeek – Dipka Bhambhani | Published: 2/4/2016

The New York Joint Commission on Public Ethics (JCOPE) posted a solicitation for comments from the public on the extent to which social media activity could be considered lobbying. JCOPE is planning to accept feedback until February 19 when it will draft a proposal that could establish guidelines on the issue. Among the questions, JCOPE asked if communications must be made directly to a public official, such as via his or her social media pages, to be considered lobbying. JCOPE is also considering whether posts or tweets with hyperlinks to lobbying websites are reportable activity, and whether social media expenditures can be considered expenses under the lobbying law.

Tennessee – Tennessean Investigation Finds Inappropriate Text Messages
The Tennessean – Dave Boucher and Jill Cowan | Published: 1/24/2016

The Tennessean has been investigating inappropriate text messages from Tennessee House Majority Whip Jeremy Durham to three women who worked at the statehouse. Republican leaders were told of a potential sexual harassment complaint about Durham’s behavior about a week before an unprecedented GOP caucus meeting to decide the fate of his leadership role, but the specific concerns were never disclosed to his fellow legislators. The incidents point to a legislative sexual harassment policy experts have said is mired in secrecy and contributes to an environment where sexual harassment by the state’s elected leaders can go essentially unchecked.

Texas – As Ethics Panel Bars Guns in Meetings, Others Not So Lucky
Houston Chronicle – Lauren McGaughy | Published: 2/1/2016

The Texas Ethics Commission will ban guns from their meetings. State law allows those with a license to carry holstered handguns into the Capitol in Austin. The guns can be carried openly or concealed. But another state law allows governmental entities that hold certain public meetings to ban guns from their gatherings by posting signs to that effect. Texas Secretary of the Senate Patsy Spaw said the state House and Senate are also subject to these same open meetings laws, and therefore have the power to ban open and concealed carry in the gallery that overlooks the chambers and at legislative hearings. Before the open carry law went into effect on January 1, the Senate allowed concealed carry in its gallery and hearings.

Utah – Registered Lobbyists Outnumber Utah Lawmakers by More than 4 to 1
Salt Lake Tribune – Mariah Noble | Published: 2/1/2016

There are 441 lobbyist registered in Utah, more than four for every one of the 104 state legislators. While a number of the registered lobbyists never make an appearance on Capitol Hill, some represent as many as 50 client organizations. “We’re an integral part of democracy,” said lobbyist Frank Pignanelli. “Elections are obviously the first and foremost key element, but for individuals and companies and organizations to have their interests represented in the law and policy-making process is absolutely imperative.”

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:

Report Links Violence, Tyranny and Corruption
USA Today – Oren Dorell | Published: 1/26/2016

Transparency International published its annual survey measuring how much corruption is perceived to exist in the public sector. The 2015 results are in many ways predictable. Denmark came out on top for the second year running, and the other Nordic countries also did well. Somalia and North Korea were tied for last place, and war-torn states, such as Afghanistan and Sudan fared dismally. The best performing countries share a wide array of characteristics. They are open, liberal democracies with a free press. They embrace the notion of transparency, have independent judiciaries, and all support long-held assumptions about increased accountability leading to lower levels of corruption.

Trade Groups to Top Corporations: Resist political disclosure
Center for Public Integrity – Dave Levinthal | Published: 1/27/2016

The leaders of three of the nation’s leading trade associations sent a letter to their members urging them to resist demands to disclose more details about their political spending. The leaders reserved particular criticism for the Center for Political Accountability and the Zicklin Center for Business Ethics, which published an index ranking large companies on their political disclosure practices and policies. Such politically active nonprofit groups sometimes directly advocate for and against political candidates and may spend into the millions of dollars to do so.

Wounded Warrior Project Spends Lavishly on Itself, Insiders Say
New York Times – Dave Philipps | Published: 1/27/2016

The Wounded Warriors Project, the country’s largest and fastest-growing veterans charity, offers programs to help veterans readjust to society, attend school, find work, and participate in athletics. But in its swift rise, it has also embraced aggressive styles of fundraising, marketing, and personnel management that have many current and former employees questioning whether it has drifted from its mission. It has spent millions of dollars a year on travel, dinners, hotels, and conferences that often seemed more lavish than appropriate, more than four dozen current and former employees said in interviews. The organization has also spent hundreds of thousands of dollars in recent years on public relations and lobbying campaigns to deflect criticism of its spending and to fight legislative efforts to restrict how much nonprofits spend on overhead.

Federal:

Companies Worry Trump-Led Convention Could Hurt Brands
Politico – Anna Palmer | Published: 1/28/2016

Companies are starting to question whether associating with a Donald Trump-led Republican National Convention in Cleveland this summer could hurt their reputations. Company representatives and association heads have already begun meeting with their consultants about whether they should rethink their convention plans if Trump wins the GOP nomination. Several Republican lobbyists and consultants said there is concern that associating with Trump, given some of his inflammatory comments about women and minorities, could turn off customers and damage corporate brands.

Court Rejects Push for Stricter Disclosure on Super PAC Ads
Politico – Josh Gerstein | Published: 1/21/2016

A federal appeals court dealt a setback to campaign finance reform advocates in a ruling about who pays for political ads. The ruling upheld an FEC regulation that narrows disclosure requirements for corporations and labor groups paying for ads that run close to Election Day. The regulation says groups running the ads only have to reveal donors who contribute for the express purpose of paying for the ads. That means donors who choose not to say how they want their money used can remain anonymous. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit reversed a lower court decision that threw out the regulation last year. Judge Janice Rogers Brown said just because one of the purposes of campaign reform laws was broader disclosure “doesn’t mean that anything less than maximal disclosure is subversive,” the judge said.

Hillary Clinton and Bernie Sanders Battle for Party’s Future
New York Times – Patrick Healy | Published: 1/24/2016

The race between Hillary Clinton and U.S. Sen. Bernie Sanders for the Democratic presidential nomination has intensified into a battle over their vastly different visions for the party. Sanders, a New Deal-style liberal, argues that only muscular government action – Wall Street regulations, public works jobs, Medicare for all – will topple America’s “rigged” economy. Clinton, a mainstream Democrat, has started contrasting herself with Sanders by championing a “sensible, achievable agenda” and promising to build on President Obama’s legacy in health care, the economy, and national security. Many Democrats are torn about whether Sanders’ liberalism, or Clinton’s pragmatism, will be enough to win a general election.

From the States and Municipalities:

Colorado – Critics: Colorado ‘outsourced’ campaign finance enforcement
ABC News – Dan Elliot (Associated Press) | Published: 1/26/2016

Colorado’s system of enforcing campaign finance rules is under fire from all sides. In many states, a campaign practices panel decides whether to prosecute spending violations. But Colorado’s constitution requires every complaint to be referred to an administrative law judge who can convene a trial-like process. Some critics say it allows anybody with a grudge to drag someone else into a costly legal battle. Others say the state is neglecting its duty to enforce the laws and instead leaving it up to members of the public. A lawsuit was filed in federal court challenging the system as unconstitutional. The lawsuit says the system suppresses free speech by discouraging people from speaking out.

Florida – Ethics Commission Opines on Romance
Tallahassee Democrat – Jeff Burlew | Published: 1/22/2016

Leon County School Board member Alva Striplin asked the Florida Commission on Ethics for an advisory opinion involving her relationship with George Smith, whose firm, Bryant Miller Olive, has provided bond counsel to the district for many years. Specifically, Striplin asked whether she would run afoul of the gift law if she and Smith traveled together and split expenses or exchanged Christmas and birthday gifts. Florida’s gift law bars public officials from soliciting any gift from a vendor or lobbyist doing business with the official’s agency. Commission staff said Striplin may not solicit any gift from Smith or his firm and cannot accept any gift from him or his firm over $100. The couple can, however, equally split the cost of travel, meals, lodging, or entertainment. Commissioners voted unanimously to affirm the staff opinion.

Florida – Florida Legislators’ Visit to Alabama Casino Is Legal, but Perception Problem Persists
Florida Times Union – Tia Mitchell | Published: 1/23/2016

The Poarch Band of Creek Indians paid for a trip to the Wind Creek Casino & Hotel in Atmore, Alabama for five Florida lawmakers. They met with tribal leaders to discuss the tribe’s vision for a casino in rural North Florida. Beyond the debate over gambling, the trip to Alabama is an example of the legal but criticized practice of lawmakers classifying as campaign-related expenses things of value they receive from special-interest groups. They are prohibited by the state gift ban from accepting trips and gifts from lobbyists. The ability to classify trips and meals as in-kind campaign expenses is largely considered a work-around to the 2006 ethics law.

Illinois – Jury Convicts Ex-Chicago Official in Red-Light Camera Case
ABC News; Associated Press –   | Published: 1/26/2016

John Bills, the former second-in-command at Chicago’s Department of Transportation, was convicted on 20 counts of corruption for taking up to $2 million in bribes to steer $100 million in red-light camera contracts to Redflex Traffic Systems. Prosecutors detailed cash, hotels stays, golf trips, an Arizona condominium, and a Mercedes given to Bills for his efforts. Mayor Rahm Emanuel canceled Redflex’s contract in 2013 following reports of the alleged bribery scheme. Bills retired from his job as the city’s managing deputy commissioner of transportation in 2011, and he was charged in 2014.

Kansas – Senate Chairman’s Rules Block Female Witnesses in Revealing Attire
Topeka Capital-Journal – Tim Carpenter | Published: 1/21/2016

Kansas Sen. Mitch Holmes imposed a dress code for those testifying before his committee that prohibits women from wearing certain clothing while establishing no wardrobe restrictions exclusively for men. A rule of Holmes’ 11-point code of conduct says “low-cut necklines and miniskirts” are inappropriate for women. Holmes said he offered detailed guidance to women because he had observed provocatively clad women at the Capitol. He says it is a distraction to the panel during testimony. Holmes is and chairperson of the Senate Ethics and Elections Committee.

Maryland – In Md., Officials Are Notified When Someone Checks Their Financial Filings
Washington Post – Fenit Nirappil | Published: 1/23/2016

Public officials in Maryland must file reports spelling out their sources­ of income, property holdings, and business relationships. State law makes these reports available to the public as a safeguard against government officials abusing their power in an effort to enrich themselves. But unlike dozens of other states, Maryland agencies email officials every time a person looks at their disclosure forms. The notifications include the name and home address of the person conducting the search. Senate Minority Leader J.B. Jennings conceded that people may be nervous to look at ethics filings because their names will be reported to public officials. But he defended the system. “It’s a courtesy,” Jennings said. “Everyone wants to know every time someone is doing an investigation into them.”

New York – Albany Ethics Commission Adopts New Fund-Raising and Disclosure Rules
New York Times – Jesse McKinley | Published: 1/26/2016

The Joint Commission on Public Ethics (JCOPE) approved an advisory opinion that expands the definition of lobbying to include public relations consultants. At issue is the rise in public relations campaigns, often called grassroots lobbying, which seek to influence policymaking. These activities are not regulated by traditional lobbying laws because they do not include the direct interaction of a lobbyist with a government official. A consultant setting up or attending a lobbying meeting with a public official, even if they do not directly lobby themselves, is lobbying under the opinion, for example. JCOPE also approved an opinion that says no statewide elected official, including the comptroller or the attorney general, would be allowed to accept or solicit campaign contributions from any person or group that is under investigation or embroiled in a legal battle with its offices.

North Carolina – Trial to Start in Lawsuit over North Carolina’s Voter-ID Law
Washington Post – Sari Horwitz | Published: 1/24/2016

North Carolina’s photo-ID rules, part of one of the strictest voting laws in the country, will go on trial in the first battle over the ballot this presidential year. The ID requirements, set to be used in the March presidential primary, were included in a bill passed by North Carolina’s Legislature that also reduced the number of days of early voting, prohibited people from registering and voting on the same day, stopped ballots cast in the wrong precinct from being counted, and ended the practice of preregistering teenagers before they turned 18. Republican lawmakers say they imposed the new restrictions to combat voter fraud and to preserve the integrity of the voting system. The Rev. William J. Barber II, president of the North Carolina NAACP, which sued the state, called the law an “immoral and unconstitutional burden on voters.”

Virginia – Luxury Box Gifts Still Kosher for Virginia Public Officials
Connecticut Post – Alan Suderman (Associated Press) | Published: 1/21/2016

A top official of Virginia Gov. Terry McAuliffe’s administration accepted an invitation from the Washington Redskins to watch a playoff game from one of the team’s luxury boxes, the kind of gift that lawmakers said should not be allowed under a new ethics law the General Assembly passed last year. Staff from a newly empowered ethics council gave approval for members of McAuliffe’s administration to accept an invitation from the team to watch the game. The team has been in active negotiations with state officials over possibly moving out of its current stadium in Maryland and building a new one in Virginia.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

Federal:

Case Could Widen Free-Speech Gap between Unions and Corporations
New York Times – Adam Liptak | Published: 1/18/2016

Oral arguments in a major challenge to public unions illuminated a gap in the U.S. Supreme Court’s treatment of capital and labor. The court has long allowed workers to refuse to finance unions’ political activities, but shareholders have no comparable right to refuse to pay for corporate political speech. At the arguments in the case, Friedrichs v. California Teachers Association, the justices seemed poised to widen that gap by allowing government workers to refuse to support unions’ collective bargaining activities, as well. The case should prompt a new look at whether the differing treatment of unions and corporations is justified, said Benjamin Sachs, a law professor at Harvard.

High Court Rejects Challenge over Contractor Contributions
Philadelphia Inquirer; Associated Press –   | Published: 1/19/2016

The U.S. Supreme Court will not hear a challenge to a law that bans government contractors from donating money to federal candidates or political parties. The justices let stand a lower court ruling that said the ban is a reasonable way of addressing the government’s interest in preventing political corruption.

President Obama May Require Federal Contractors to List Campaign Gifts
New York Times – Julie Hirschfeld Davis | Published: 1/19/2016

President Obama is weighing whether to invoke his executive authority to force federal contractors to disclose political contributions they make to independent groups. The proposed executive order would require corporations that currently have federal contracts to disclose what they spend on political efforts, including money forwarded through trade associations. Obama has been considering the action for more than a year, but discussions have intensified in recent weeks as he moves to deliver on unfulfilled promises in his final year in office. Business groups that have opposed campaign finance restrictions argue the executive order would encroach on free speech rights.

From the States and Municipalities:

California – FPPC Cracks Down on Reporting for California Lobbyists
Sacramento Bee – Taryn Luna | Published: 1/21/2016

The California Fair Political Practices Commission voted to require interest groups and lobbyists to break out and itemize expenses in the “other payments to influence category” in quarterly filings to the state. The current rules allow groups to report the category, which includes payments as routine as money for office supplies to more influential spending on advertising campaigns, as a lump sum. “Lobbying is largely a self-regulated industry and in order to make sure people are playing by the rules, we need this type of information that shines a light on what’s going on,” said commission Chairperson Jodi Remke.

Florida – Hillsborough Commissioners OK Measure to Require Lobbyists’ Fees
Tampa Tribune – Mike Salinero | Published: 1/21/2016

Hillsborough County commissioners passed an ordinance that requires lobbyists to register and pay a $50 yearly fee. Under the new law, everyone who comes to meet with commissioners must fill out a form saying who they represent, what they want to discuss, and which commissioners they are visiting. The commission also increased penalties for non-compliance that were in a draft ordinance. For a first violation, the lobbyist is given a warning, followed by a $250 fine for a second violation.

Florida – Special Interests Flood Florida Legislative Campaigns with $28 Million in 6 Months
Miami Herald – Mary Ellen Klas | Published: 1/17/2016

At least $28.5 million has been funneled into legislative political committees in Florida during the past six months. The influx of cash is the result of a shift in state campaign finance laws that allowed for unfettered donations to such committees in the wake of the Citizens United ruling. Stronger disclosure laws opened the door to more frequent reporting, but there is no requirement for donors to disclose what issues or bills they are attempting to impact. Many of the wealthy special interests are getting preferential treatment as their priority bills have been moving early in the session. Many ideas that are opposed by influential special interests are getting blocked. Industry fights are emerging over medical marijuana, gambling, solar power, hospital regulation, and dental care, among others.

Michigan – As Water Problems Grew, Officials Belittled Complaints from Flint
New York Times – Julie Bosman, Monica Davey, and Mitch Smith | Published: 1/20/2016

Michigan Gov. Rick Snyder released more than 270 pages of emails surrounding the toxic water crisis in Flint. One email reveals Snyder’s chief of staff believed Flint’s poisoned water was not the state’s responsibility. That aide also mentioned state health officials who worried the issue could turn into a “political football.” It was not until late in 2015 – after months of complaints – that state officials finally conceded what critics had been contending: Flint was in the midst of a major public health emergency as tap water pouring into families’ homes contained enough lead to show up in the blood of dozens of people in the city. Even small amounts of lead could cause lasting health and developmental problems in children.

Nebraska – Ernie Chambers Resolution Takes Aim at Free Meals Provided by Lobbyists
Omaha World-Herald – Joe Duggan | Published: 1/19/2016

State law caps the gifts that senators or their immediate family members may accept from lobbyists at $50 per month. But the law places no limits on free meals or beverages, said Frank Daley, executive director of the Nebraska Accountability and Disclosure Commission. Many lobbyists, groups, and associations host breakfasts, lunches, and dinners throughout the session. Defenders say the meals are convenient, sociable ways for lawmakers to get to know the issues and each other. But a resolution drafted by Sen. Ernie Chambers would seek to end lobbyist-provided meals inside the Capitol while the Legislature is in session.

New Mexico – New Mexico Lobbyist Spending Tops $818,000 in 2015
New Mexico In Depth – Sandra Fish | Published: 1/18/2016

Lobbyists and their employers spent about $818,000 on meals, receptions, and gifts for New Mexico lawmakers and other officials in 2015. Individual lobbyists – 148 of them – spent more $474,000, while 23 businesses spent more than $344,000, reports show. While the secretary of state’s office recently issued guidelines suggesting lobbyists report their expenses in greater detail, not all lobbyists did. Some 19 lobbyists listed aggregate expenses of more than $1,000 after April 2015, failing to specify lawmakers they hosted or dates they spent the money.

New Mexico – Scandals Raise Profile of an Unpopular Idea among Lawmakers: An ethics commission
New Mexico In Depth – Marjorie Childress | Published: 1/18/2016

A proposal to create an independent ethics commission in New Mexico focused on the executive and legislative branches first gained prominence in 2006, almost a year after then-state Treasurer Robert Vigil resigned to avoid facing possible impeachment. A task force recommended its creation. Subsequent ethics committee legislation passed the House four times, but has withered in the state Senate. Several questions need to be resolved before an independent ethics commission gets traction at the Legislature, including the need for sufficient funding; the question of jurisdictional oversight; the makeup and size, along with who appoints the positions; and satisfactory due process provisions to guard against “politically motivated witch hunts,” said Sen. Peter Wirth.

New York – In Albany, Those Who Might Address Ethics Meet Rarely and Offer Less
New York Times – Vivian Yee | Published: 1/19/2016

Like other committees in the New York Legislature, the ethics panels have chairpersons and several members each. Unlike the others, they have not considered a single bill on the subject of ethics – or anything else – that anyone can remember. For reformers, the committees’ paralysis is yet another symptom of a willful ignorance that allows the Capitol to make much of minor improvements while circumventing real change. “It is a body bent on self-protection,” said Common Cause New York Executive Director Susan Lerner, referring to the Legislature.

Ohio – State Street Settles Pay-to-Play Charges for $12 Million
New York Times – Liz Moyer | Published: 1/14/2016

State Street Corp. agreed to pay $12 million to settle charges that a senior vice president and a company lobbyist offered an Ohio deputy treasurer payoffs in order to win contracts servicing state pension funds. The Securities and Exchange Commission (SEC) found former State Street Vice President Vincent DeBaggis entered into an agreement with Amer Ahmad, then Ohio deputy treasurer, to make illegal cash payments and political contributions. In exchange, Ahmad helped the Boston-based bank obtain three lucrative contracts. Ahmad pleaded guilty before fleeing to Pakistan. He was eventually returned to the U.S. to serve a 15-year sentence. The SEC alleged Robert Crowe, a lawyer hired as a fundraiser and lobbyist by State Street, also took part in the kickback scheme.

South Carolina – Bill Would Require South Carolina Journalists to Register
Denver Post – Meg Kinnard (Associated Press) | Published: 1/19/2016

South Carolina Rep. Mike Pitts said it is time to register journalists in the state. His bill would create requirements for people wanting to work as a journalist for a media outlet, and also before that outlet could hire anyone for a reporting position. The secretary of state’s office would be tasked with keeping a “responsible journalism registry” and creating the criteria, with the help of a panel, on what qualifies a person as a journalist–similar to doctors and lawyers, Pitts said. He said the bill is not a reaction to any particular news story but was intended to stimulate discussion over how he sees gun issues being reported.

Virginia – Lawmakers Go on Fundraising Frenzy before Session
Deseret News – Alan Suderman (Associated Press) | Published: 1/19/2016

Like they do every year, Virginia legislators kept busy raising money from the businesses and trade associations that try to influence the laws they pass, donations that will not be made public until long after the 2016 session is over. State law forbids lawmakers from fundraising during the session, a restriction that leads to a flurry of receptions and fundraisers in the run up to it. This year there were nearly 50 fundraisers scheduled for the first two weeks in January, including 20 on the two days before the session started. Only large donations to certain campaign committees have to be reported shortly after they are given. Most campaign finance reports will not be due until this summer, meaning large sums of cash raised in the lead up to session will not be made public for months.

Washington – State Lawmaker in Olympia Asks Visiting Teens If They’re Virgins
Seattle Times – James O’Sullivan | Published: 1/18/2016

Washington Rep. Mary Dye startled a group of teen visitors by asking which ones were virgins and even suggesting one was not. The high school students had met with Dye to advocate for expanded insurance coverage for birth control as part of Planned Parenthood’s Teen Lobbying Day when she asked the intrusive question. “After she made the statement about virginity, all of my teens looked at me,” Rachel Todd, a Planned Parenthood worker accompanying the kids. “And I said, ‘You don’t have to answer that.'” Dye later said she was trying to talk about empowerment and good choices.

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:

Groups Decrying ‘Dark Money’ Use Shadowy Money Themselves
Center for Public Integrity – Liz Essley Whyte | Published: 1/14/2016

A number of groups that advocate against anonymous donations in politics are themselves responsible for putting money into elections that cannot be traced, often hidden under layers of opaque networks. The organizations either gave to ballot measure campaigns, paid for messages about candidates, or gave to PACs. But many of the groups identified by the Center for Public Integrity said they already exceed what the law requires by disclosing at least some of their donors. Some relied on an argument that opponents of disclosure raise regularly: their donors could face hostility or mistreatment if the public knew the donors’ identities.

State Legislatures Tweak Lobbying Rules as Influence Industry Targets Their Capitols
Washington Post – Catherine Ho | Published: 1/7/2016

Legislatures around the country are enacting new rules to regulate lobbying. Many focus on disclosure as states seek to better define who lobbyists are and what they are allowed to do. The new rules are not expected to dramatically change the lobbying landscape in any of the states, but they do signify a movement by governments to tweak, improve, and clarify rules for lobbyists at a time that many hotly contested lobbying fights, such as those over gun laws, are progressing more quickly in state capitals than they are in Congress.

Federal:

Carson Campaign in Turmoil as Finance Chair Quits
Politico – Kyle Cheney | Published: 1/14/2016

Ben Carson’s presidential campaign was shaken by another high-profile resignation, with finance Chairperson Dean Parker leaving amid scrutiny over his grip on the campaign’s fundraising operation and the perception he has benefited improperly from campaign spending. From chartered flights to investments in ineffective paper mailers in early voting states, decisions made by staff have raised questions in recent months about whether the campaign is spending its money wisely. The resignation comes after it was reported that Parker was paying himself a salary of $20,000 per month, which is unusually high for such a position.

From the States and Municipalities:

Florida – Miami Beach Commissioners Unanimously Pass Stricter Campaign Finance Laws
Miami Herald – Joey Flechas | Published: 1/13/2016

Miami Beach commissioners approved more stringent campaign finance laws after last year’s controversy about the role of special-interest money in local politics. Commissioners and candidates will no longer be able to solicit PAC contributions from lobbyists and vendors who have city contracts. The law also prohibits indirect solicitations, such as a third party asking lobbyists and vendors on behalf of candidates and elected officials.

Florida – Perry Violated Ethics Laws in Lobbying Scott on Medicaid Dental Provider
PoliticoFlorida – Marc Caputo | Published: 1/14/2016

Though Florida law says “a person may not lobby an agency [of state government] until such person has registered as a lobbyist,” Rick Perry did not do that when he met with Gov. Rick Scott, a top staffer, and the head of the Agency for Health Care Administration. The meeting was left off of Scott’s official daily schedule, which was updated hours later after a reporter inquired about it. It took Perry a few more hours to register as a lobbyist for MCNA Dental as questions were raised about whether he was following the law. The meeting was set up by Southern Strategy Group, a lobbying firm that represents MCNA Dental, to discuss legislation that would eliminate dental services from the list of health care services that managed care plans are required to offer beneficiaries.

Maine – Maine Governor Blames Media for Racially Charged Language Dust-Up
CNN – Gregory Krieg | Published: 1/8/2016

Maine Gov. Paul LePage apologized for his remark about out-of-state drug dealers impregnating “young white” girls, calling it a slip of the tongue and saying he did not mean to inject race into discussion of Maine’s heroin epidemic. LePage blamed reporters for unfairly focusing on the slip-up in which he described the drug dealers as “guys with the name D-Money, Smoothie, Shifty” and added, “Half the time they impregnate a young white girl before they leave.”

Massachusetts – Dispute Over State Senator’s Dirty Laundry Raises Questions
Boston Globe – Andrea Estes | Published: 1/12/2016

The former owner of Woodlawn Cleaners said Massachusetts Sen. Brian Joyce received tens of thousands of dollars in free dry cleaning services over the course of a decade. Jerry Richman said he offered to clean Joyce’s clothes for free when Joyce was running for state Senate in 1997, but there was no formal or written agreement. Joyce’s attorneys say the free dry cleaning was in exchange for legal services provided by the Joyce over the years. Ethics experts said public officials in Massachusetts should not accept any services worth more than $50. Even if he traded legal services for the dry cleaning, he would have to keep records to show he did not receive a net benefit of $50 or more. Joyce has acknowledged there is no written record of the dry-cleaning-for-legal services arrangement and he cannot remember when it began.

Massachusetts – Walsh Reverses Course, to Back Lobbying Rules
Boston Globe – Andrew Ryan and Mark Arsenault | Published: 1/9/2016

Boston Mayor Martin Walsh said he will propose regulations for municipal lobbyists that could for the first time require public disclosure of their efforts to influence development, contracts, and permits. Walsh’s announcement comes after The Boston Globe reported how a childhood friend and former law partner of the city’s top lawyer leveraged his personal relationships for introductions and access to key administration officials. Walsh said the reform will be modeled on state lobbying laws, which require lobbyists to disclose their clients, the matters on which they are lobbying, and their compensation.

Missouri – House Approves Ethics Package Including Rowden Proposal Limiting Lobbying
Columbia Tribune – Rudi Keller | Published: 1/14/2016

The Missouri House passed four ethics bills despite objections that the bills were too weak and too narrowly drafted. The package limits officials’ ability to lobby after leaving office, ban work as a political consultant while in office, and require more frequent reporting of personal finance and out-of-state trips. Under one bill, lawmakers and statewide officials elected this year and appointed officials confirmed by the Senate would have to wait one year after leaving office before working as a lobbyist. Officials who leave office before the end of their term would have to wait until the end of the term before the one-year waiting period begins. Another bill would require a report within one month when an official accepts a trip paid by a third party.

Montana – New Campaign Finance Rules Take Effect in Montana
Billings Gazette; Associated Press –   | Published: 1/8/2016

New campaign finance rules took effect in Montana recently. The regulations for a law passed last year aim to make campaigns more transparent after the Citizens United decision that allowed corporations and unions to spend unlimited amounts of money in elections. That ruling has given rise to independent expenditures made by social welfare groups that do not report their donors or spending. Now, groups registered as social welfare or issue advocacy organizations will have to make those disclosures if they produce advertisements or other electioneering communications that mention an election or a candidate, or use a candidate’s image.

New York – New York’s Ethics Rule Could Infringe on Free Speech, Experts Say
Crain’s New York Business – Rosa Goldensohn | Published: 1/13/2016

The Joint Commission on Public Ethics updated an advisory opinion to say that communication between public relations consultants and the press on public policy should count as lobbying. If a consultant has input into the content of such a message and helps to deliver it, that consultant would apparently be a lobbyist under the new rules. The advisory opinion also includes provisions that would require consultants who connect clients with lawmakers to register as lobbyists.

Pennsylvania – City Campaign Finance Limits Increased
Philadelphia Inquirer – Claudia Vargas | Published: 1/11/2016

The Philadelphia Board of Ethics announced that campaign contribution limits have increased for the next four years. Candidates for city office may now accept up to $3,000 from an individual contributor per calendar year, up from the previous $2,900 limit. They may also accept up to $11,900 from groups or businesses, up from the prior $11,500 cap.

Pennsylvania – Struggling Philadelphia Inquirer Is Donated to Nonprofit in Groundbreaking Deal
Washington Post – Fred Barbash | Published: 1/12/2016

H.F. Lenfest, the owner of The Philadelphia Inquirer, The Philadelphia Daily News, and Philly.com, announced he had donated the publications to a newly formed nonprofit journalism institute. The publications will continue to run independently. The new ownership structure comes as daily newspapers contend with falling circulation and dwindling advertising dollars, and many have sought new business models and new revenue sources to combat the decline. “My goal is to ensure that the journalism traditionally provided by the printed newspapers is given a new life and prolonged, while new media formats for its distribution are being developed,” said Lenfest.

West Virginia – Proposed Changes to State Ethics Act Divide Lawmakers
Charleston Gazette – Phil Kabler | Published: 1/11/2016

West Virginia lawmakers on the joint House and Senate Judiciary Committee were divided on two ethics reform bills. That included proposed legislation that would ban registered lobbyists from contributing to campaigns for statewide elected officials or for legislators, with some lawmakers concerned about loopholes in the proposal. Several noted the bill would ban lobbyists and their spouses from making campaign contributions, but does not prohibit the lobbyists’ employers from contributing, or bar lobbyists from hosting fundraisers.

Wisconsin – Elections Board Says Parties Must Report Corporate Donations
Milwaukee Journal-Sentinel – Patrick Marley | Published: 1/12/2016

The Government Accountability Board (GAB) shifted from its stance that Wisconsin’s new campaign finance laws do not require political parties and legislative campaign committees to disclose contributions from corporations. The board unanimously adopted a motion requiring the parties and committees to report such contributions as well as how they spend the money. GAB Director Kevin Kennedy said board staff incorrectly told people the law did not mandate such disclosures. A section of the new law allows corporations to donate up to $12,000 to political parties and campaign committees controlled by legislative leaders. The parties and the committees are limited to spending that money on administrative expenses. They cannot spend the money on expressly advocating for a candidate or pass it on to a candidate.

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:

National Liberal Groups to Push ‘Record’ Number of 2016 Ballot Measures
Center for Public Integrity – Liz Essley Whyte | Published: 1/6/2016

Liberal groups working at the national level are using state ballot initiatives as their weapon of choice in 2016, but given the costs, they are carefully planning exactly where to push these measures. That top-down approach seems ironic. The initiative process was put in place at the beginning of the 20th century as a way for local citizens to band together to pass laws. And voters may not be aware that national groups are helping fuel the ballot fights in their backyards. Still, national liberal leaders see state ballot measures as their best option for winning on some issues. National conservative groups, meanwhile, seem poised to play defense, setting up a battle of outsiders on state playing fields.

Federal:

For Hillary Clinton, Old News or New Troubles?
Washington Post – Karen Tumulty and Frances Stead Sellers | Published: 1/6/2016

Donald Trump’s focus on the scandal that almost derailed Bill Clinton’s presidency is something Hillary Clinton’s campaign long expected. What remains to be seen is whether a reminder of allegations of sexual impropriety against President Clinton, which were deemed to have varying levels of credibility when they were first aired, can gain new traction in a different context. The fresher case being made is that Hillary Clinton has been, at a minimum, hypocritical about her husband’s treatment of women, and possibly even complicit in discrediting his accusers. And it is being pressed at a time when there is a new sensitivity toward victims of unwanted sexual contact.

How Obama Failed to Shut Washington’s Revolving Door
Politico – Josh Gerstein | Published: 12/31/2015

Barack Obama’s vow to end the “revolving door” in Washington was central to the narrative animating his 2008 campaign: a promise of wholesale change to business as usual. But seven years into Obama’s presidency, the “revolving door” shuttling officials out of his administration is spinning at a rapid clip, and he has seen his campaign promise founder against the deeply ingrained culture of selling government expertise in the nation’s capital. “They were overpromising on something they could never deliver – it’s worse than doing nothing,” said Melanie Sloan, former executive director of Citizens for Responsibility and Ethics in Washington.

Marco Rubio’s Shiny Boots Stir Up the Presidential Race
New York Times – Vanessa Friedman | Published: 1/7/2016

Are they a surprisingly fashionable choice of footwear (One Direction’s Harry Styles is said to have a similar pair) or a less generously termed set of “men’s high-heeled booties?” The political and fashion world have been set atwitter since New York Times reporter Michael Barbaro spotted U.S. Sen. Marco Rubio “rocking some seriously fashionable black boots” in New Hampshire. The fashion choice had become a target of ribbing from his rivals for the Republican presidential nomination. “We’ve seen Rubio has those cute new boots and I don’t want to be outdone,” U.S. Sen. Rand Paul said, while surrounded by shelves of shoes in Whoopi Goldberg’s dressing room before an appearance on “The View.”

From the States and Municipalities:

Colorado – Colorado Ethics Commission Has No Investigators, Little Authority
Denver Post – Joey Bunch | Published: 1/4/2016

The Colorado Independent Ethics Commission is struggling to do its work for lack of authority, resources, and money, say critics who include former administrators. The commission has declined to hear about 87 percent of the complaints it has received since it was created in 2006. Unless a public official or government employee received a gift worth more than $53 or seeks a job as a lobbyist, there is little else the commission concerns itself with. Nonetheless, there is a proposed ballot question for next year to extend the commission’s narrow authority over public employees to the judicial system.

Florida – Painful Lessons for a Troubled Florida Legislature
Tampa Bay Times – Steve Bousquet | Published: 1/5/2016

In a year that was defined by dysfunction at the Florida Capitol, the House violated the state constitution by shutting its doors prematurely. Senators later admitted they defied the will of the people by drawing districts to save their own careers at the expense of fair districts that the constitution demands. Sharply divided over whether to expand health care, lawmakers nearly failed to execute their one prescribed duty, passing a budget. Three special sessions later, as unresolved legal skirmishes over redistricting still reverberated in the courts, lawmakers were vilified as arrogant and out of touch, and some said they deserved it. Lawmakers, lobbyists, and observers see systemic problems that are bad for democracy.

Kentucky – Prosecutor Urges Vigilance against Legislative Corruption
Fresno Bee – Bruce Schreiner (Associated Press) | Published: 1/6/2016

Preet Bharara, the U.S. attorney in Manhattan who recently secured the convictions of two top New York lawmakers, said the blame for corruption lies not only with bad actors but also with the “good people” who do not try to stop it. Bharara’s speech at the Kentucky General Assembly’s annual ethics training was his first before a full state Legislature. It came at the request of Kentucky officials. During an address that lasted about 45 minutes, Bharara drew occasional laughter, nodding approval, and gasps of disbelief, particularly when he quoted wiretapped phone conversations and other evidence from recent public corruption trials.

Maine – Clinton Donors Use Maine Democrats to Skirt Campaign Cash Limits
Ellsworth American – Naomi Schalit (Maine Center for Public Interest Reporting) | Published: 1/7/2016

Fourteen out-of-state donors gave $93,552 to the Maine Democratic Party since mid-September 2015. But all the contributions have not stayed in Maine, or any of the other state Democratic parties to which Hillary Victory Fund donations have been funneled. FEC reports show two transfers totaling $39,000 from the Hillary Victory Fund to the Maine Democratic Party each sat for less than 48 hours with the party before the exact same amounts were transferred to the Democratic National Committee (DNC). While individual contributions to the state and national parties are capped, transfers between state and national committees are unlimited. That means that, effectively, donors can skirt contribution limits to the DNC or state parties by giving through joint fundraising committees like the Hillary Victory Fund.

Michigan – Gov. Rick Snyder Signs Campaign Finance Bill Locals Say Amounts to a ‘Gag Order’
MLive.com – Emily Lawler | Published: 1/6/2016

Michigan Gov. Rick Snyder signed a bill that prohibits public money or resources from being used to disseminate information about local ballot measures through television and radio ads, mass mailings, or “robo-calls” in the 60 days before an election. Local officials said the law will keep voters in the dark about important issues because they no longer will receive unbiased educational materials in the two months prior to an election. Some Republicans who voted for the legislation said they did not realize its ramifications. Senate Bill 571 also bars companies from deducting union PAC contributions from employees’ paychecks while allowing deductions for corporate PACs, and requires political and independent committees to file annual reports, among other provisions.

Missouri – Bill Requires Reporting Sex between Lawmakers and Lobbyists on Ethics Forms
Columbia Tribune – Rudi Keller | Published: 1/6/2016

Lobbyists who have sex with a state lawmaker or their staff members would have to disclose it to the Missouri Ethics Commission under a new bill. House Bill 2059 defines sex between lobbyists and legislators as a gift. As such, sexual relations would have to be included on monthly lobbyist gift disclosure forms. The proposal excludes sex in marriage or a relationship that began before either party’s registration as a lobbyist, election to the Legislature, or employment on a legislative staff.

New Jersey – AG: Former Birdsall exec McFadden pleads guilty to misconduct
PolitickerNJ; Staff –   | Published: 1/6/2016

Scott McFadden, former chief administrative officer of Birdsall Services Group, pleaded guilty to corporate misconduct in the criminal “pay-to-play” case. Under terms of a plea bargain, the state will recommend a sentence of up to 364 days in jail. McFadden also will be required to forfeit $30,000 to the state. The amount represents political contributions he made on behalf of Birdsall that were later reimbursed to him by the firm. The company pleaded guilty in 2013 to money laundering and making false representations for government contracts and was fined $1 million. The company was essentially crippled when the state froze its assets in the wake of the indictment, forcing Birdsall to file for bankruptcy. The company and its executives were accused of masking corporate political contributions to campaigns and political organizations that otherwise would disqualify it from receiving public contracts.

New York – Albany’s Businessman-Legislators Scoff at a Call to Make Lawmaking Full-Time
New York Times – Vivian Yee | Published: 1/5/2016

The list of lawyers, insurers, and full-time politicians in the New York Legislature is long, and outside income, as the money earned from non-legislative work is known, is at the crux of the corruption scandal that toppled the former speaker of the Assembly in November. Reformers say to clean up Albany, outside income must be capped or done away with. Some have gone even further, suggesting the Legislature, a part-time institution that pays its members $79,500 a year, should become full time with a commensurate salary. But legislators see no conflict between their business activities and lawmaking, and their contempt for Albany makes a full-time Legislature seem nonsensical.

New York – Setting Precedent, Conflict of Interest Board Settle with Mark-Viverito
Capital New York – Gloria Pazmino | Published: 1/6/2016

New York City Council Speaker Melissa Mark-Viverito will pay a $7,000 fine for breaking laws on taking gifts from lobbyists under a settlement with the Conflicts of Interest Board. Mark-Viverito admitted she ran afoul of the rules by taking free help from Scott Levenson and his consulting firm the Advance Group when she was running for speaker two years ago. Levenson, a registered lobbyist, and two staffers spent months working on Mark-Viverito’s bid for the top job, attending “kitchen cabinet” meetings to prepare her for debates with other speaker candidates and networking events. They also redesigned a flyer for a reception hosted in her honor and spent $1,796.44 to have 3,000 copies of it printed. Mark-Viverito was never billed for the work. Rules bar public officials from taking gifts worth more than $50 from people who do business with the city. And lobbyists are barred from giving any gifts to politicians.

Oregon – Uber Fined $2,000 for Violating Portland Lobbying Rules
Portland Oregonian – Brad Schmidt | Published: 1/5/2016

Portland City Auditor Mary Hull Caballero fined the Uber ride-hailing service $2,000 for violating lobbying regulations by not disclosing its ties to political consultant Mark Wiener. The city auditor’s office had sent warning letters to Mayor Charlie Hales and city Commissioner Steve Novick for meeting with Wiener and Uber officials without disclosing the contact, as required by the law. The meeting took place at Wiener’s home as the city council was considering whether to allow such companies to operate in Portland. Hull Caballero issued the maximum fine because she found Uber showed a pattern of noncompliance, noncooperation, and incomplete disclosures.

Pennsylvania – Pennsylvania Legislature Aims at Lobbying Overhaul; Reaction Mixed
Pittsburgh Post-Gazette – Kate Giammarise and Chris Potter | Published: 1/4/2016

As proposed by five Senate Republicans in Pennsylvania, a “Lobbyist Reform Package” includes six measures, among them: stricter reporting of gifts to state officials, increasing fines on lobbyists who violate such requirements, and requiring state officials to disclose when a spouse or other family member is a lobbyist. Another proposal would prohibit lobbyists from being paid to work on political campaigns or having financial ties to a consultant who does. Even some lobbyists say an overhaul is needed. But several insiders say elements of the package appear to be targeted at one firm, Long Nyquist and Associates, and two of its clients: United Food and Commercial Workers Local 1776, which represents state store workers, and the Pennsylvania State Education Association.

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:

‘Dark Money’ Biggest Campaign Finance Challenge Facing States
Denver Post – Geoff Mullvihill (Associated Press) | Published: 12/21/2015

With the presidency at stake in 2016 – as well as a dozen gubernatorial races, 34 U.S. Senate contests, all seats in the U.S. House, and scores of mayoral races, state legislative seats, and ballot initiatives – dark-money spending is expected to grow, and handling it has become the biggest campaign finance challenge for states nationwide. Some Legislatures are trying to collect and publish the sources of these donations, but most states allow independent groups to spend unlimited cash on political ads with little transparency. At least one state, Wisconsin, is moving away from disclosure: Gov. Scott Walker signed laws that blur the lines between the activity of candidate campaigns and groups that in almost all other states are supposed to act independently.

Sanders Data Controversy Spotlights Powerful Gatekeeper
Politico – Nancy Scola | Published: 12/20/2015

While Bernie Sanders may have calmed a controversy by apologizing to Hillary Clinton for his campaign’s viewing and downloading of her voter data information, the extent of the damage done to both campaigns is not yet clear. If nothing else, it has reminded Democrats of the risks of leaning so heavily on one private company to provide its technology infrastructure. At the heart of the matter is a firm that functions as the digital plumbing of the Democratic Party: NGP VAN. Democrats are nearly wholly dependent on it, which is why the breach and the Sanders campaign’s subsequent cutoff from the system is so rattling the party.

Trump Played a Clever Trick When He Called Clinton’s Bathroom Visit ‘Disgusting’
Washington Post – Zachary Goldfarb | Published: 12/22/2015

Donald Trump made another polarizing comment when he said it was “too disgusting” to talk about Hillary Clinton’s use of the bathroom during the last Democratic debate and she had got “schlonged” by Barack Obama when she lost to him in the 2008 Democratic primary. Trump was surely talking off-the-cuff in his usual style, and the comments were criticized as offensive and sexist, but it was another example of his mastery in exploiting the psychological biases of conservatives who see much to dislike in today’s society and express support for Trump in the polls. In fact, academic research has shown conservatives have a particular revulsion to “disgusting” images. The research – still debated – suggests psychological and even biological traits divide people politically. These are attributes that may help explain why Trump has been so popular among a segment of the electorate, confounding political and media elites.

Federal:

As TV Ad Rates Soar, ‘Super PACs’ Pivot to Core Campaign Work
New York Times – Nick Corasaniti and Matt Flegenheimer | Published: 12/22/2015

Soaring advertising costs in early primary states are compelling major super PACs to realign their tactics, de-emphasizing the costly broadcast television buys that had been their main role in past presidential campaigns in favor of the kind of nuts-and-bolts work that candidates used to handle themselves. They are overseeing extensive field operations, data-collection programs, digital advertising, email lists, opposition research, and voter registration efforts. No one yet knows whether field and data efforts spearheaded by outside groups will be as effective as they are in the hands of a candidate.

Hospitality and Gambling Interests Delay Closing of Billion-Dollar Tax Loophole
New York Times – Eric Lipton and Liz Moyer | Published: 12/20/2015

As congressional leaders were hastily braiding together a tax and spending bill of more than 2,000 pages, lobbyists swooped in to add 54 words that temporarily preserved a loophole sought by the hotel, restaurant, and gambling industries, along with billionaire Wall Street investors, that allowed them to put real estate in trusts and avoid taxes. They won support from Senate Minority leader Harry Reid, who responded to appeals from executives of casino companies, politically powerful players and huge employers in his home state. And the lobbyists even helped draft the crucial language. The small changes, and the enormous windfall they generated, show the power of connected corporate lobbyists to alter a huge bill that is being put together with little time for lawmakers to consider. Throughout the legislation, there were thousands of other add-ons.

How America’s Dying White Supremacist Movement Is Seizing on Donald Trump’s Appeal
Washington Post – Peter Holley and Sarah Larimer | Published: 12/21/2015

For large numbers of Americans, Donald Trump’s blunt rhetoric surrounding immigration, minority groups, and crime may sound like finely tuned retrograde vitriol. But for a growing number of white nationalists flocking to the campaign’s circus-like tent, the billionaire sounds familiar, like a man fluent in the native tongue of disaffected whites. It is a language they never thought they would hear a mainstream politician in either party use in public. And they are desperately hoping Trump’s rise from reality-show figure to Republican front-runner may be the beginning of something that transcends the campaign trail.

New FEC Chairman Aims to Calm Agency at War with Itself
Center for Public Integrity – Dave Levinthal | Published: 12/21/2015

Matthew Petersen was appointed FEC chairperson for 2016. The Republican Petersen says his tenure at the agency’s helm will prove decidedly different than that of Democrat Ann Ravel, the current chair who has used her office’s meager power – a bully pulpit, mainly – to its maximum. Personal and ideological rifts have meant commissioners have largely been unwilling to tackle the nation’s thorniest election law issues this year, such as the degree to which super PACs may work with the political candidates they support. Even if the FEC in 2016 is kinder and gentler, reform activists worry it will be no more functional, and possibly less.

From the States and Municipalities:

California – Critics Decry Contributions to Councilman Englander from Taser Execs Seeking LAPD Camera Contract
Los Angeles Times – David Zahniser | Published: 12/21/2015

As voters went to the polls in 2011 to crack down on what some referred to as “pay-to-play” practices at Los Angeles City Hall, passing a measure to limit the political influence of companies that seek government business. Measure H prohibits firms seeking lucrative city contracts from making campaign contributions to the politicians who have final say over those agreements. But that law may prove to be toothless in the case of Taser International, the company currently up for a $31.2-million contract to provide thousands of body cameras to the Los Angeles Police Department. Last year, a dozen donors affiliated with Taser, half of them company executives, put $8,400 into the re-election bid of Councilperson Mitch Englander, who heads the council’s Public Safety Committee, which recently reviewed the effort to buy 6,140 cameras and 4,400 Tasers. Englander says the campaign money is not covered by the ballot measure’s restrictions.

Missouri – Andrew Blunt’s Lobbying Work Faces Scrutiny as He Manages Father’s Re-Election Bid
Springfield News-Leader – Deirdre Shesgreen (USA Today) | Published: 12/18/2015

In the past nine months, lobbyist Andy Blunt has added seven new clients to his already packed roster, including the University of Missouri, which is paying him $10,000 a month, and the Missouri Cable Telecommunications Association, which hired him to serve as its executive director. In all, Blunt now has 36 clients, according to a review of Missouri Ethics Commission filings. Blunt’s allies say his long client list is a product of his hard work and political savvy. The 39-year-old Springfield native says he never lobbies his father, U.S. Sen. Roy Blunt, or any other federal official – establishing a “bright line” between his clients’ priorities in Jefferson City and his father’s political pull in Washington. But critics say Andy Blunt has used his last name and family connections to build a lobbying empire. And they argue his dual roles as a Missouri lobbyist and the senator’s campaign manager are rife with possible conflicts-of-interest.

Missouri – Missouri Legislative Staffers Earn Big Money as Political Consultants
Kansas City Star – Jason Hancock | Published: 12/20/2015

Statehouse staff members doing campaign work has long been a way of life at the Missouri Capitol. It is legal, as long as political work is not done on taxpayer time. Many see no harm in the practice, since it typically involves low-level legislative aides. Senior staff, who earn much bigger checks from campaigns, say they go to great strides to keep the two worlds separate. To critics, the scenario represents a potential conflict-of-interest, with the integrity of the legislative process compromised when staff members who earn taxpayer-funded salaries are also getting paid by outside interests with a stake in policy outcomes. Since most staff are not mandated to file the same sort of financial disclosures required of lawmakers, the flow of money can be difficult to track.

New Mexico – Can New Mexico Break Its Cycle of Corruption?
Governing – Alan Greenblatt | Published: 12/21/2015

The recent resignation, conviction, and incarceration of former Secretary of State Dianna Duran for embezzlement and money laundering has already prompted calls for major changes to New Mexico’s ethics and campaign finance laws. But watchdogs are skeptical that change will come. That is because for one, the Legislature is scheduled to meet for only 30 days in 2016. And although House Democrats introduced an ethics package, it is not certain how much momentum it will get, partially because many advocates worry the public has already grown too skeptical to think it is worthwhile to demand systemic change.

New Mexico – SOS Updates Guidelines for New Mexico Lobbyists
New Mexico In Depth – Sandra Fish | Published: 12/22/2015

The New Mexico secretary of state’s office published an updated set of guidelines for lobbyists. New Mexico in Depth reviewed lobbyists’ campaign contributions between 2013 and 2015. It noted it often was unclear if the lobbyist or an employer made donations reported by lobbyists. KOB-TV ran a series of stories about inconsistencies in campaign accounts, most of which occurred because of lax lobbyist reporting. The online reporting system is being updated to allow lobbyists to include the employer who makes a contribution. Lobbyists are asked to avoid reporting campaign donations cumulatively, instead listing individual contributions so they can be more easily compared to candidate reports. The rules also clarify that cumulative reporting of spending on lawmakers for meals and drinks of less than $75 per person should be more detailed than a single entry of all expenses for “various legislators.”

New York – Albany Trials Exposed the Power of a Real Estate Firm
New York Times – William Rashbaum | Published: 12/18/2015

One man who was a key player in the corruption cases against former New York lawmakers Dean Skelos and Sheldon Silver never appeared in the courtroom: Leonard Litwin, the 101-year-old owner of Glenwood Management, an influential developer that is among the state’s most prodigious political donors. The two trials revealed how entwined the interests of Glenwood and other developers are with the business of the state. Testimony, documents, emails, and other evidence provided the most detailed look to date at the ways in which Glenwood and others worked the levers of power to marshal tens of millions of dollars in campaign contributions through a maze of limited liability companies, trade associations, and political groups.

Pennsylvania – Scandal’s Web Trips Pennsylvania Attorney General Kathleen Kane
New York Times – Michael Wines | Published: 12/18/2015

By themselves, the emails were arresting enough: videos, photographs, cartoons, and jokes, some depicting sex acts; others mocking or demeaning blacks, gays, Muslims, and even the poor and uneducated. But just as disturbing is where they were found: on Pennsylvania government computers, in email accounts whose owners included some of the state’s most powerful figures. Since Kathleen Kane, Pennsylvania’s attorney general, released the first of the messages last year, a cabinet officer and a state Supreme Court justice have resigned, another justice is clinging to his job, and scores more have been censured or fired. It is the sort of scandal that an ambitious politician could easily ride to public acclaim and higher office. But for Kane, the email scandal has become a last-ditch weapon in a struggle to keep her job, and perhaps her freedom.

Texas – Austin Officials to Create New Lobbying Registration, Reporting Rules
Austin American-Statesman – Lilly Rockwell | Published: 12/17/2015

After easing concerns from the city’s development-oriented industries, the Austin City Council approved a proposal to strengthen lobbying registration requirements. The proposal would require more people engaged in advocacy at City Hall to register, and it bolsters the city’s ability to enforce its lobbying laws. The council’s vote directed the city manager to craft this ordinance, which will return to the council for final approval next year.

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:

State Integrity Investigation Brings Calls for Reform as Legislative Sessions Approach
Center for Public Integrity – Nicholas Kusnetz | Published: 12/16/2015

The State Integrity Investigation is yielding calls for change from lawmakers, good-government advocates, and editorial boards across the country. The investigation, published in November, is a data-driven ranking and assessment of each state’s transparency and anti-corruption measures conducted by the Center for Public Integrity and Global Integrity. No state earned better than a “C” grade. In several states, publication of poor grades coincided with ethics scandals that have prompted a growing number of political leaders to call for a transformation in how business is done in state capitals.

Why State Legislatures Are Still Pretty White
Governing – Teresa Wiltz | Published: 12/9/2015

The nation’s growing diversity is not reflected in state Legislatures. Nationwide, African-Americans, who make up 13 percent of the U.S. population, account for nine percent of state lawmakers. Latinos, who are 17 percent of the population, only account for five percent of legislators. Asian-Americans account for five percent of the population but only one percent of lawmakers. Research shows in local elections, voters tend to vote for candidates who look like them. That is a problem when a large proportion of minority voters are lumped together in a handful of districts. Such clustering increases the chances of there being at least a few minority lawmakers, but makes it less likely there will be very many of them. Another factor is few first- and second-generation immigrants can afford to get by on a part-time legislator’s salary, or have the kind of careers that will afford them the flexibility to serve in office.

Federal:

E.P.A. Broke Law with Social Media Push for Water Rule, Auditor Finds
New York Times – Eric Lipton and Michael Shea | Published: 12/14/2015

Congressional auditors say the Environmental Protection Agency (EPA) broke the law on multiple occasions with “covert propaganda” in support of a controversial regulation that gives the agency power over smaller streams of water. The Government Accountability Office (GAO) said a pair of social media campaigns by the EPA in support of its “waters of the United States” rule broke laws that prohibit federal agencies from promoting or lobbying for their own actions. GAO faulted the EPA for using Thunderclap, a social media amplification tool, to recruit hundreds of Twitter users to tweet in support of the rule. It also said the EPA broke the law with a blog post that linked to two environmental groups’ pages urging readers to contact members of Congress to oppose legislation.

Spending Bill Bars IRS and Others from Forcing Political Disclosure
USA Today – Fredreka Schouten | Published: 12/16/2015

The omnibus spending bill passed by Congress would bar the IRS from completing regulations to define and potentially crack down on the political activities of nonprofit groups. The bill also would prohibit the Securities and Exchange Commission from trying to force public companies to disclose their political activities to shareholders and the public. If the spending measure becomes law, any new disclosure rules from either the IRS or federal securities regulators probably could not be completed before the end of President Obama’s term in office. As a practical matter, that appears to bar any new agency rules from taking effect before either the 2016 presidential election or the 2018 midterm elections.

From the States and Municipalities:

California – San Jose Council Votes to Tighten Lobbying Rules
San Jose Mercury News – Ramona Giwargis | Published: 12/15/2015

The San Jose City Council voted to approve a host of changes to strengthen the lobbying ordinance. San Jose nearly a decade ago adopted transparency laws amid public scrutiny over costly backroom deals at City Hall. The rules required lobbyists to register with the city, pay fees, and file quarterly reports showing who they are meeting with and why. Another policy required elected officials to publish their calendars online to show how they spend their time. But a review found hundreds of contacts reported by lobbyists did not show up on the politicians’ calendars. Mayor Sam Liccardo recommended that lobbyists file online weekly reports and specify whether an interaction with an elected official is in-person, by phone, or email.

Florida – Broward Commission Rewrites its Ethics Code, Allows $5 Gifts
South Florida Sun Sentinel – Brittany Wallman | Published: 12/9/2015

Broward County commissioners loosening a zero-tolerance gift ban to allow a five-dollar limit. The no gift rule had been criticized by city and county officials as too strict, a rule that kept them from accepting a free bottle of water at an event. Under the changes, gifts from lobbyists or vendors of non-alcoholic beverages are allowed. And gifts of any type from those sources are legal, if they are not worth more than five dollars. In addition, loopholes were added to allow elected officials to accept gifts given to express sympathy, offers of free training, and tickets to charitable events, if the official pays for any meal served there.

Missouri – How This Missouri Mega-Donor Is Making His Pet Projects Part of the 2016 Elections
Huffington Post – Paul Blumenthal | Published: 12/16/2015

Taking advantage of a campaign finance system that greatly empowers wealth, Rex Sinquefield has been able to become the most dominant single political force in the state. Since 2008, he has contributed at least $35 million to candidates, political parties, PACs, and ballot initiative campaigns. The contributions have helped to create an unprecedented Republican Party supermajority in the Legislature. Sinquefield’s donations to ballot initiative campaigns have succeeded in putting significant restrictions on taxes at the local level. But with Democrat Jay Nixon in control of the governor’s mansion, Sinquefield’s main agenda items of eliminating the state’s income tax, expanding charter schools and private school vouchers, and crushing labor union power by passing so-called right-to-work legislation have remained just out of reach.

Nevada – Sheldon Adelson Said to Be Buyer of Las Vegas Review-Journal
New York Times – Ravi Somaiya and Sydney Ember | Published: 12/16/2015

Sheldon Adelson, a billionaire casino magnate and Republican power broker, is behind the secret purchase of The Las Vegas Review-Journal, according to the newspaper.  Speculation has mounted for days that Adelson was the primary backer of News + Media Capital Group, a secret group that acquired The Review-Journal and several local papers for $140 million. In the last presidential campaign, Adelson and his wife spent about $100 million, and the couple are expected to generously help whomever they endorse for president in 2016. Speculation turned to the political influence that Adelson could exert in his home state, a major presidential battleground in November 2016, and host to early Democratic and Republican nominating contests as well as a highly competitive U.S. Senate race.

New Mexico – Former New Mexico Secretary of State Prepares for Jail
Minneapolis Star Tribune – Morgan Lee (Associated Press) | Published: 12/16/2015

Former New Mexico Secretary of State Dianna Duran greed to a 30-day jail sentence after pleading guilty to charges involving the siphoning of money from her election account to fuel a gambling addiction. Under a plea agreement, Duran had the choice to withdraw her pleas but did not. She must pay a $14,000 fine, make restitution of nearly $14,000 to campaign donors, serve five years of probation, and perform 2,000 hours of community service. The sentence also involves in-person apologies to campaign donors and appearances before school children across the state.

New York – Cash Flows Freely in Albany: Laws lax on political fundraising
Poughkeepsie Journal – Jon Campbell | Published: 12/15/2015

Critics contend New York’s wealthy political donors pour money into the campaign accounts of high-powered government officials and are rewarded with access and influence in Albany. As part of a yearlong series, Gannett’s Albany Bureau has explored the intersection of politics and money in New York, examining its impact on public policy, from the $285.5 million spent on education lobbying since 2006 to the rise of public-relations firms working on elections and advocacy campaigns. But it is the state’s laws and limits on political fundraising that critics have long characterized as lax and insufficient. And reformers are hoping the back-to-back convictions of former Dean Skelos and Sheldon Silver may finally force Albany to act.

New York – Dean Skelos, Ex-New York Senate Leader, and His Son Are Convicted of Corruption
New York Times – William Rashbaum and Susanne Craig | Published: 12/11/2015

Former New York Sen. Dean Skelos and his son were convicted of charges they used the father’s position as majority leader to pressure companies to provide Adam Skelos with roughly $300,000 via consulting work, a no-show job, and a direct payment of $20,000. Dean Skelos had been one of the most powerful men in state government until his arrest this year, and his conviction – along with that of Assembly Speaker Sheldon Silver – will have repercussions beyond the courtroom. As in Silver’s case, the verdict resulted in Dean Skelos’s expulsion from the Legislature, where both men had served for more than three decades.

South Carolina – S.C. Attorney General’s Office Weighs in on Ethics Law, Possible Window into Prosecutors’ Public Corruption Probe
Charleston Post & Courier – David Slade, Doug Pardue, and Tony Bartelme | Published: 12/16/2015

Amid an ongoing public corruption probe, South Carolina Attorney General Alan Wilson’s office issued an opinion that may hinder prosecutors’ efforts to crack down on ethics violators. The document argued courts would likely rule it is legal under the state’s ethics laws for lawmakers to steer lucrative campaign work to their own companies or those run by family members. The nonbinding opinion delves into the often ethical gray areas of how lawmakers spend campaign money and wield influence, a system that dispensed nearly $100 million since 2009, according to a recent investigation.

Utah – SLC Council Slashes Campaign Contribution Limits
Salt Lake Tribune – Christopher Smart | Published: 12/9/2015

The Salt Lake City Council cut the maximum contribution to a mayoral candidate from $7,500 to $3,500. It also reduced maximum donations to council candidates from $1,500 to $750. Those limits apply to individuals, corporations, nonprofits, and unions. The caps apply only to Salt Lake City. Utah state law contains no limits on campaign contributions.

Washington – Ethics Board Looks at Lawmakers’ Meal Limit
Seattle Times – Joseph O’Sullivan | Published: 12/3/2015

The Legislative Ethics Board (LEB) discussed how to proceed on the trickier elements of a rule that imposed a hard limit on how many free meals that state lawmakers may take from lobbyists. LEB members approved a motion stating there is no special exemption for industry groups such as the Washington Bankers Association, which may feed lawmakers attending functions such as a luncheon or forum. But that motion also stressed such forums likely fall within an existing exemption for lawmakers, and so probably would not count as one of the 12 meals. The rules and discussion follow a review by The Associated Press that found the state’s most active lobbyists had lavished hundreds of meals upon lawmakers, estimated at more than $65,000 in value, in the first four months of 2013.

Wisconsin – Scott Walker Signs Bills on Splitting GAB, Campaign Finance
Milwaukee Journal Sentinel – Patrick Marley and Jason Stein | Published: 12/16/2015

Gov. Scott Walker signed into law a bill that rewrites Wisconsin’s campaign finance statutes. He also approved legislation that eliminates the state Government Accountability Board and hands its duties over to two new agencies, the Elections Commission and the Ethics Commission. Those new bodies will take over July 1. The campaign finance changes include doubling the limit for individual contributions and eliminating a requirement that donors giving more than $100 identify their employer. It also allows, for the first time, corporate donations to political parties and legislative campaign committees.

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:

Where do Ads Shaping State Politics Come From? Increasingly, These Outside Players
Time – Ashley Balcerzak (Center for Public Integrity) | Published: 12/2/2015

Groups independent from candidates or parties are taking a larger role in shaping political campaigns. Thirty-three outside groups spent more than $32 million on their own political ads this year, accounting for more than one-third of the estimated $86 million in broadcast television ad spending in seven states with major races. That represents more than one in four political spots aired, compared with less than one in five ads in both 2011 when the same states had comparable races and in 2014 when major races occurred in 45 states. “People who want to make change in policy are looking increasingly at state and local politics, and there is an increased capacity of these national organizations to raise money and distribute it,” said Campaign Finance Institute Executive Director Michael Malbin.

Federal:

A Mole in the Koch Machine?
The Hill – Jonathan Swan | Published: 12/2/2015

Hillary Clinton’s well-financed ally David Brock has a team that claims to be coordinating with moles inside the corporate and political empire of the billionaire brothers Charles and David Koch. The anti-Koch unit within the Bridge Project told The Hill it has covert channels feeding information from within the private world of the Kochs, the most influential campaign donors in conservative politics. The claim is a new indication the left may be countering what Politico recently reported was a Koch operation that “conducts surveillance and intelligence gathering on its liberal opponents,” partly with help from a former CIA analyst.

Campaigns Turn to a Cheaper Medium to Get Voters’ Ears: Radio
New York Times – Nick Corasaniti | Published: 12/3/2015

Radio listeners, stuck in their cars for long stretches, may be the closest thing to a captive audience for political commercials. And in Iowa and New Hampshire, at least, they are already being pummeled with appeals, both positive and negative, by the presidential contenders and their allies. Television advertising is still king, both in terms of total spending and number of times that ads run, and will continue to eat up the bulk of campaign budgets. But if radio spending is still minuscule by comparison, that is partly because it is so inexpensive.

GOP Rider Would Boost Party Spending
Politico – Kenneth Vogel and Seung Min Kim | Published: 11/25/2015

U.S. Senate Republicans plan to insert a provision into a government-funding bill that would expand the amount of money that political parties could spend on candidates. The provision, which sources say is one of a few campaign finance related riders being discussed in closed-door negotiations over a $1.15 trillion omnibus spending package, would eliminate caps on the amount of cash that parties may spend in coordination with their candidates. Watchdogs argue it would allow wealthy donors to exercise even more influence with members of Congress. And they cried foul over the possibility that the provision could be slipped into the spending bill that Congress is working to pass before a December 11 deadline to avoid a government shutdown.

From the States and Municipalities:

California – California Campaign Law’s Loopholes Allow Donors to Skirt Limits
San Jose Mercury News; Associated Press –   | Published: 11/30/2015

Two days after California’s elected tax board gave SpaceX exemptions worth millions of dollars last year, the rocket company donated $7,500, at the request of board President Jerome Horton, to a nonprofit group founded by his wife. SpaceX made the contribution as a sponsor of a public conference headlined by Horton as he was running for re-election. Such donations are among the ways that businesses and others with matters before the Board of Equalization have benefited its members despite a law to prevent conflicts-of-interest. Other ways to bypass the contribution caps include giving through PACs, donating just below the legal limit, and contributing to board members’ outside projects.

California – Fast Times at Rancho Santiago: Official’s passion for golf pays dividends for contractors
Voice of OC – Adam Elmahrek | Published: 12/2/2015

Peter Hardash’s job is vice chancellor of business operations for the Rancho Santiago Community College District, which makes him the gatekeeper of millions of taxpayer dollars that end up being spent on construction-related contracts. But his passion is golf. Luckily for Hardash, his passion and his job often intersect. Companies that do business with the district have lavished nearly $3,500 in gifts, primarily golf-related, on Hardash over a span of two years. Meanwhile, they have reaped almost $12 million in contracts. Oftentimes Hardash has submitted contracts to the district’s Board of Trustees within days of the vendors buying him rounds of golf, or, in one instance, just a week after offering him tickets to the Toshiba Classic golf tournament.

California – S.F. Ethics Commission Hires Director with Long Experience in L.A.
San Francisco Chronicle – Lizzie Johnson and Heather Knight | Published: 11/24/2015

LeeAnn Pelham, who finished a 10-year term as head of the Los Angeles Ethics Commission in 2011, will start as executive director of the San Francisco Ethics Commission in January, replacing John St. Croix. Pelham most recently served as director of ethics and corporate governance for the Santa Clara Valley Water District. St. Croix held the post for 11 years and was criticized by some for being slow to act and going too easy on those accused of ethics breaches. Critics of St. Croix are hopeful Pelham will reinvigorate the commission and push to strengthen ethics rules.

Hawaii – High Court Rejects Challenge to Hawaii Campaign Finance Laws
WRAL; Associated Press –   | Published: 11/29/2015

The Hawaii Supreme Court rejected an appeal from a company that spent about $9,000 on newspaper advertisements during the 2010 election cycle. The ads from A-1 A-Lectrician, Inc. were critical of Blake Oshiro, a candidate for the state Legislature. Hawaii law requires any entity that spends more than $1,000 to influence elections to register as a PAC, triggering reporting and disclosure requirements. The company argues the law is too burdensome and should apply only to entities whose primary purpose is political activity.

Illinois – A Wealthy Governor and His Friends Are Remaking Illinois
New York Times – Nicholas Confessore | Published: 11/29/2015

Kenneth Griffin, the billionaire founder of one of the world’s largest hedge funds, and a small group of rich supporters from all over the country have poured tens of millions of dollars into Illinois, a concentration of political money without precedent in the state’s history. Their wealth has shifted the balance of power; they helped elect Bruce Rauner as governor last year. The rich families remaking Illinois are among a small group around the country who have channeled their wealth into political power, taking advantage of regulatory, legal, and cultural shifts that have carved new paths for infusing money into campaigns.

Kansas – Wichita City Council Votes to Change Local Campaign Finance Law, Increase Salaries
Wichita Eagle – Kelsey Ryan | Published: 12/1/2015

The Wichita City Council voted to allow campaign contributions from corporations, unions, and PACs in local elections. The majority said they did not think the move would greatly affect elections, particularly since the contributions would be limited to $500, like individual donations. But those against the measure cited concerns about opening up elections to party-affiliated groups like PACs. They said they were concerned about transparency since PACs do not have to report their individual donors.

Montana
New Campaign Reform Rules Filed with State
Great Falls Tribune – Phil Drake | Published: 11/24/2015

Montana Commissioner of Political Practices Jonathan Motl adopted new campaign finance rules that he says will improve the transparency and reporting of money spent to influence elections. They will be in effect during the 2016 campaign season. The new rules require candidates and political committees to file their reports electronically, which will make them immediately available online. The rules require candidates to file campaign finance reports at both 35 days and 12 days before elections. The 35-day reporting requirement is new. They also require third-party groups to report spending if their communication mentions a candidate or uses an image of them within 90 days of an election.

Nevada – Appointees to Key Positions in Nevada Remain Little-Known to Taxpayers
Las Vegas Review-Journal – Sean Whaley | Published: 11/30/2015

As a recent nationwide report noted, taxpayers do not know much about members of the Nevada Public Employees Retirement System, the individuals charged with managing the state retirement system for nearly all state and local government employees. The same is true for appointees to other boards and commissions. The appointed members of the Transportation Commission, who recently voted to award a $559 million highway contract, do not have to disclose potential financial conflicts. And members of the state Ethics Commission also are not required to file disclosure statements. The report found 47 states require state-level public officials to file financial disclosure forms, but few require detailed information. While Nevada’s disclosure forms are easily accessible on the secretary of state’s website, there is no budget to check for compliance.

New York – Corruption Trial: Adam Skelos laid out lobbyists’ views of upstate, downstate
Albany Times Union – Chris Bragg | Published: 11/29/2015

Adam Skelos, the son of former Senate Majority Leader Dean Skelos, believed he knew how things got done in Albany: do not hire a New York City lobbyist to influence the Senate Republican majority, which was led by his father until earlier this year. It is friendships, familiarity, and an upstate ZIP code that move the levers of power. The younger Skelos laid out those views of New York’s lobbying industry in a phone call recorded in February, recently disclosed as part of the father and son’s ongoing corruption trial, and his view of how to influence upstate lawmakers. In the call, Adam Skelos singles out one Albany lobbyist, Nick Barrella, managing partner of the Capitol Group, as especially effective in lobbying Senate Republicans. Adam Skelos said that is because Barrella and Dean Skelos have condos near one another in Florida, and their wives are “booze buddies, more or less.”

New York – Sheldon Silver, Ex-New York Assembly Speaker, Is Found Guilty on All Counts
New York Times – Benjamin Weiser and Susanne Craig | Published: 11/30/2015

Former New York Assembly Speaker Sheldon Silver was convicted of charges he traded favors in exchange for about $4 million in bribes and kickbacks disguised as legal fees and lied about it to regulators. The conviction triggers his automatic expulsion from the Legislature. Silver’s trial overlapped with the corruption trial of former Senate Majority Leader Dean Skelos on charges that Skelos badgered companies to give his son more than $300,000 in exchange for his political support. Silver is the fifth state lawmaker to be convicted by federal prosecutors in 2015. Thirty New York lawmakers have left office since 2000 because of criminal charges or allegations of misconduct.

North Carolina – 7 Legislators Failing to Detail Campaign Payments to Themselves
Raleigh News & Observer – Colin Campbell | Published: 11/27/2015

A Raleigh News & Observer review of legislators’ latest campaign reports found most meticulously detail expenses they pay with campaign donations. Meal charges list the date, amount, and the name of the restaurant. Travel expenses usually list where the lawmaker went and why. But those details are missing from seven legislators’ 2015 reports. Instead, the reports show they paid themselves thousands of dollars as reimbursement for “expenses related to holding public office,” a method of reporting that appears to skirt the requirements of campaign-finance law.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

National:

Inside the Clinton Donor Network
Washington Post – Matea Gold, Tom Hamburger, and Anu Narayanswamy | Published: 11/19/2015

The Washington Post identified donations from roughly 336,000 individuals, corporations, unions, and foreign governments in support of the political or philanthropic endeavors of Bill and Hillary Clinton. The investigation found many top patrons supported them in multiple ways, helping finance their political causes, their legal needs, their philanthropy, and their personal bank accounts. The Clintons’ fundraising operation – $3 billion amassed by one couple, working in tandem for more than four decades – has no equal. The donor network is now serving as both a prime asset and liability for Hillary Clinton as she seeks the Democratic presidential nomination.

One Slogan, Many Methods: Black Lives Matter enters politics
New York Times – John Eligon | Published: 11/18/2015

Black Lives Matter began as a hashtag and grew into a protest slogan – after prominent police killings of blacks over the past year – and became an Internet-driven civil rights movement. The phrase is as much a mantra as a particular organization, with the general public lumping numerous groups under the Black Lives Matter banner, even if they are not officially connected. Yet amid the groups’ different approaches has been a swirl of political activity. Local affiliates of the Black Lives Matter organization have disrupted numerous Democratic presidential campaign events, pushing the candidates to support policies to end mass incarceration and police brutality. That organization now has 26 chapters that largely set their own direction. Yet the young and sometimes cacophonous movement is struggling to find its voice, as the activists who fly its banner wade into national politics.

Republican Governors: A winning machine
Politico – Kevin Robillard | Published: 11/18/2015

While Democrats have reshaped the federal government under President Barack Obama, Republicans have methodically taken over state after state around the country, swelling the number of GOP governors from 19 to 31 and enacting conservative priorities from budget cuts to new restrictions on unions and abortion. Behind each of those policy and political victories was the Republican Governors Association (RGA), planning, funding, and executing the GOP’s state-based resurgence. The RGA has avoided congressional Republicans’ problems, especially in hard-to-win blue states, by playing a relentless but “quiet” role in recruiting candidates that fit their states, said former RGA Director Phil Musser.

The Koch Intelligence Agency
Politico – Kenneth Vogel | Published: 11/18/2015

An operation that is part of the Koch brothers’ political network conducts surveillance and intelligence gathering to try to thwart liberal groups and activists, and to identify potential threats to the network. The intelligence team has a staff of 25, including one former CIA analyst. It sends regular emails tracking the canvassing, phone-banking, and voter-registration efforts of labor unions, environmental groups, and their allies. The team utilizes high-tech tactics to track the movements of liberal organizers, including culling geo-data embedded in their social media posts. “We were caught off guard by what the left was doing in 2012, and we’d be foolish to be caught in that position again,” said Marc Short, president of Freedom Partners Chamber of Commerce, the network’s central group.

Federal:

Clinton, Bush Lawyers Square Off in FEC Proxy War
Politico – Isaac Arnsdorf and Theodoric Meyer | Published: 11/11/2015

Requests to relax limits on coordination between candidates and super PACs left the FEC divided recently. The often-deadlocked commission only managed to agree on five of the dozen questions that were raised at a hearing. They were unable to reach a majority decision on whether a potential candidate could form a super PAC before announcing his or her campaign, or whether a potential candidate could share advance plans with a super PAC before jumping into the race. They also could not agree on whether super PACs could film footage of potential candidates with an eye toward using it in ads. Four of the six commissioners did vote to let candidates attend fundraisers with as few as two donors.

From the States and Municipalities:

Arizona – Lobbying Records Only Disclose Recipient for $1 Out of Every $8 Spent
Arizona Center for Investigative Reporting – Justin Price | Published: 11/13/2015

Lobbyists in Arizona are required to report their expenditures in quarterly reports. But loopholes and minimal regulatory oversight leave room for them to spend without reporting who benefited. Lobbying records for 2015 include a beneficiary for one dollar out of every eight dollars spent. A report by the Center for Public Integrity gave Arizona’s lobbying disclosure an “F” grade. Reporting exemptions exist for both large- and small-dollar expenditures and lobbyists face minimal threat of being audited for filing reports incorrectly or incompletely.

California – California Ethics Panel Targets Vague Lobbying Payments
Sacramento Bee – Jeremy White | Published: 11/18/2015

Under current California law, anyone who spends at least $5,000 to sway legislation or administrative rulemaking must file quarterly reports. But much of the spending falls into a nebulous category called “other payments to influence,” a designation that can include the cost of mounting advertising campaigns, paying office overhead, and retaining political consultants. Seeking more clarity, the Fair Political Practices Commission is pushing an amendment that would have lobbyist employers break down expenditures that exceed $2,500 into an array of categories that include paying employees other than lobbyists, advertising, and public affairs work. They also would have to disclose the recipients of the payments.

California – Inside California Lawmakers’ Paid Trips to Maui
Sacramento Bee – Alexei Koseff | Published: 11/18/2015

The California Independent Voter Project’s annual conference has once again arrived, bringing together 21 state lawmakers and dozens of corporate sponsors for five days in Hawaii. This type of travel is nothing new for California legislators, who have been venturing overseas for decades at the expense of business groups, labor unions, foreign governments, and their campaign donors. Yet the Independent Voter Project conference, with its luxurious setting, has become something of a lightning rod for criticisms about the cozy relationship between lawmakers and special interests. “… If the purpose of the trip were to educate lawmakers about the problems of California, they would go to Fresno,” said Jack Pitney, a professor of politics at Claremont McKenna College.

Florida – County Ethics Commission Sues Hialeah Mayor for Trying to Pay $4K Fine with Pennies
Miami Herald – Brenda Medina | Published: 11/18/2015

The Miami-Dade Commission on Ethics and Public Trust sued Hialeah Mayor Carlos Hernandez for trying to pay a $4,000 fine with 28 buckets of pennies and nickels. The commission also doubled the fine imposed on Hernandez, saying he intentionally broke its regulations by sending the 360,000 coins even though he knew the panel accepts only checks.

Illinois – Feds Seize Computers, Files on Chicago Officials from Outgoing Inspector General
Politico – Natasha Korecki | Published: 11/16/2015

The FBI seized documents and computers from legislative Inspector General Faisal Khan’s office on his last day overseeing Chicago elected officials. Kahn said the office was working on several investigations. In the past four years, the inspector general’s office has had a tumultuous relationship with City Hall. While the office had jurisdiction over aldermen and support staff, it could not launch investigations based on anonymous complaints, and required the notification of any subject under investigation. Khan spoke about his disbelief both with the mayor’s office and with the city council over their resistance to oversight. “Thirty aldermen over 40 years have gone to jail. … I would describe to you that the oversight in Chicago is comparable to the Wild West – anything goes,” Kahn said.

Montana – Committee Fails to Block New Campaign Rules
Flathead Beacon – Matt Volz (Associated Press) | Published: 11/17/2015

New rules affecting Montana’s campaign finance law will take effect after a legislative committee failed to delay the changes. The regulations will be adopted by Commissioner of Political Practices Jonathan Motl in the coming days after a final review. They will become effective once they are published by the Montana secretary of state, which will likely happen in February, and will apply to the 2016 primary elections in June. The guidelines will require more reporting by candidates and organizations, tighten restrictions on candidate coordination, and require same-day electronic reporting of contributions.

New Mexico – Acting SOS Plans to Clarify Lobbyist Contributions
New Mexico in Depth – Sandra Fish | Published: 11/18/2015

Acting Secretary of State Mary Quintana intends to clarify rules on how lobbyists report campaign contributions to candidates in New Mexico. Lobbyists often contribute on behalf of their clients. But some list the clients as the donors in their reports and others do not. Some of those listings are also unclear about who the recipient is – a candidate or a candidate’s PAC.

Ohio – Ohio Probes Whether Wright University Violated Lobbying Laws
Washington Times; Associated Press –   | Published: 11/19/2015

Ohio Attorney General Mike DeWine is investigating whether Wright State University and its consultant, Ron Wine, violated lobbying laws when the university paid him nearly $2 million without prior approval from the state Controlling Board. State law since 2011 has mandated that public universities get Controlling Board approval for any lobbying contracts that exceed $50,000 in a calendar year. Employees paid to advocate for their clients’ interest are required to register as lobbyists if that part of their job exceeds five percent of their workload for legislative lobbying or 25 percent for executive branch lobbying. Ohio Legislative Inspector General Tony Bledsoe gave the university 15 days to register Wine as a lobbyist or explain why he is not one.

Texas – Travis County Has No Rules for Registering Lobbyists
Austin American-Statesman – Sean Collins Walsh | Published: 11/15/2015

Lobbyists are not required to register with Travis County, and firms do not have to disclose who is being paid to advocate for them. The city of Austin’s and the state of Texas’ lobbying disclosure systems are often criticized for loopholes and poor enforcement, but they still provide a level of transparency that Travis County’s procedures do not address. Advocates for lobbyist registration say it enables the public to monitor who is influencing government decisions and reduces the likelihood that insider deals will go undetected, or at least makes it easier to figure out what happened if a transaction is later scrutinized.

Wisconsin – Assembly GOP Approves Rewritten Campaign Finance Laws, GAB Overhaul
Milwaukee Journal Sentinel – Patrick Marley | Published: 11/16/2015

The Wisconsin Assembly gave final approval to a pair of bills that would alter the flow of money to campaigns and change oversight of ethics laws. Gov. Scott Walker is expected to sign them into law. One bill would replace the Government Accountability Board, which is comprised of retired judges, with two separate panels consisting of partisan appointees. The other bill would make clear that candidates can coordinate political activity with issue advocacy groups that do not have to disclose their donors. It would also double allowable individual campaign contribution limits, do away with a requirement that donors giving more than $100 to campaigns disclose who they work for, and allow corporate contributions to political parties and legislative campaign committees for the first time.

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:

Only Three States Score Higher Than D+ in State Integrity Investigation; 11 Flunk
Center for Public Integrity – Nicholas Kusnetz | Published: 11/9/2015

A new report found that in state after state, open records statutes are filled with exemptions, and part-time legislators and agency officials engage in conflicts-of-interest and close relationships with lobbyists while regulators struggle to enforce laws. The State Integrity Investigation measured hundreds of variables to compile transparency and accountability grades for all 50 states. The best grade in the nation, which went to Alaska, is just a “C.” Only two others earned better than a “D+”; 11 states received failing grades. Aside from a few exceptions, there has been little progress on these issues since the research was first carried out in 2012.

Federal:

Donald Trump Advertises Rising Value of Free Political Publicity
New York Times – Ashley Parker | Published: 11/9/2015

Thirty-second television commercials were once signs of a confident, well-financed candidacy for the White House. Now they are seen as a last resort of struggling campaigns that have not mastered the art of attracting the free media coverage that has lifted the political fortunes of insurgent campaigns. Donald Trump’s ability to command media attention and reach voters without depleting his campaign funds is just the latest example of the way his campaign has upended the conventional approach candidates have used to communicate with voters. In addition to having done countless interviews, Trump, who recently hosted “Saturday Night Live,” has been effective in using social media to attack his rivals, and many of his controversial quips on Twitter are rebroadcast by traditional news media outlets.

Even as House Speaker, Paul Ryan Sleeps in His Office
New York Times – Jennifer Steinhauer | Published: 11/10/2015

Like scores of other members of Congress, most of them Republican, Speaker Paul Ryan chooses to bed down in a cot in his office every night the House is in session. He chooses this over the speaker’s official palatial suite in the Capitol, which Ryan has pointed out stinks thanks to smoke from its prior inhabitant, John Boehner. For the lawmakers, the choice is fiscal, practical, and political. Many say they find Washington rental prices too high. Others say it allows them to work longer hours. Still others, like Ryan, say Washington is simply not their home. Some groups and other members have criticized the arrangement as essentially taxpayer-subsidized housing.

G.O.P. Fight Now a Battle over What Defines a Conservative
New York Times – Jonathan Martin | Published: 11/11/2015

For months, the Republican presidential race has been animated by the party’s anger about the state of the country and an equally undefined hope that a candidate would emerge who could usher in an era of renewal. But the most recent debate and its aftermath marked an abrupt transition from vague promises about making America “great again,” in Donald Trump’s phrase, to a new season of the campaign shaped more by the policy fissures that are dividing Republicans over what exactly to do about the nation’s problems. It exposed a contentious dispute over what it means to be a conservative and offered a preview of the contours of the battle for the Republican nomination.

From the States and Municipalities:

California – Conflict Concerns Won’t Keep Ethics Panel Out of Race
San Diego Union-Tribune – David Garrick | Published: 11/10/2015

The San Diego Ethics Commission will continue enforcing local campaign laws in the race to succeed City Attorney Jan Goldsmith, denying a candidate request that the commission recuse itself based on a potential conflict-of-interest. Rafael Castellanos asked for the recusal because one of his opponents in the race, Gil Cabrera, was a commission member from 2005 to 2010 and worked as special counsel for the commission in 2012 and 2013. The agency’s general counsel downplayed the potential conflict, noting only one of the commission’s seven members remains from when Cabrera served and only two members were there when he worked as a special counsel.

California – Follow the Money: Shining a light on political nonprofits
Capitol Weekly – John Howard | Published: 11/11/2015

California’s Political Reform Act has been largely untouchable for more than 40 years, but now it may get a rewrite. The catalyst for change comes from a tangled trail of some $15 million in so-called dark money that flowed via nonprofits into the state’s 2012 elections final stages. Ultimately, the spending resulted in a $1 million fine. The proposed changes would create, for the first time, a constitutional right to regulate political money and force disclosure. It would require the disclosure of the source of donations of $10,000 or more to nonprofits, when the money is used for political purposes, make explicit who is paying for political ads, and it double the “revolving door” waiting period to two years. The proposal outlaws lobbyists’ gifts to elected officials, and cuts the maximum value of a gift from a member of the public, now $460 annually, to $200 a year.

California – Lobbyist Meetings Missing from San Jose Council Calendars
San Jose Mercury News – Ramona Giwargis | Published: 11/8/2015

Elected officials in San Jose are falling short when it comes to disclosing meetings with lobbyists. A review found the mayor and every city council member had contacts with lobbyists this year that were not disclosed on the officials’ public calendar. Local law requires lobbyists to file quarterly reports on their contacts with elected officials. The San Jose Mercury News said lobbyists reported 105 more such contacts this year than city officials did. Council members defended themselves by saying the undisclosed contacts were human error, they did not realize they were chatting with a lobbyist, or the contacts were unexpected run-ins or email communications the policy does not require them to report. Watchdogs say the discrepancy undermines the goals of transparency and deceives the public.

Florida – Hialeah Mayor Tries to Pay County’s $4K Ethics Fine in Pennies
Miami Herald – Brenda Medina | Published: 11/6/2015

Hialeah Mayor Carlos Hernandez finally decided pay the $4,000 fine the Miami-Dade County ethics commission imposed earlier this year on his business dealings. Hernandez sent the commission a truck stacked with 28 buckets filled with pennies to cover the fine. But his payment was not accepted. Apparently, the commission accepts only checks. “I paid it with American money, of the United States, and I have the right to do that,” said Hernandez.

New Hampshire – G.O.P. Candidates, Lagging, Rely on New Hampshire to Get Close
New York Times – Jonathan Martin | Published: 11/8/2015

Some Republican candidates are staking their presidential bids on an idea that seems increasingly quaint: that campaigning one on one in this small state can set you on the path to becoming president. It is a notion that is facing a rigorous test this election cycle, as the large Republican field, social media, and televised debates that attract massive audiences have reshaped the race like never before. The outcome in New Hampshire will echo beyond this election and reveal much about how the country chooses presidents, and whether the tradition of direct voting in the first-in-the-nation primary matters anymore. Its possible diminishment is already unsettling residents, who view their role of scrutinizing and winnowing the field of candidates as a solemn duty.

New York – Legislation Introduced to Tighten New York City Campaign Finance Rules
New York Daily News – Erin Durkin | Published: 11/9/2015

A package of bills to tighten New York City’s campaign finance rules was introduced in the city council. One bill would ban candidates from getting matching funds for donations raised by fundraisers who do business with the city. The legislation would also ban all candidates, including those who are not taking matching funds, from accepting contribution from political committees that are not registered with the city. Another bill would restrict contributions from businesses with numerous limited liability companies.

Pennsylvania – Pennsylvania Ethics Officials Crack Down on Lobbyists
Pittsburgh Tribune-Review – Kari Andren | Published: 11/11/2015

The Pennsylvania Ethics Commission is ramping up enforcement against groups that fail to file mandated quarterly expense reports, and the state House has approved a bill to up the ante for non-compliance by lobbyists and the groups they represent by dramatically increasing penalties for not abiding by disclosure rules. Thirty-one groups were cited for failing to file expense reports this year; fines and penalties total about $90,300. In 2014, the commission issued just 15 citations. The House bill would hike the maximum penalty imposed from $50 per day to a tiered system of $50 for the first 10 days, $100 for each of the next 10 days, and $200 for each late day after 20 days.

Texas – Ethics Commission Recommends Controversial Lobbying Ordinance
Austin Monitor – Jack Craver | Published: 11/12/2015

The Ethics Review Commission recommend to the Austin City Council a resolution aimed at overhauling city lobbying rules.  A revised draft crafted by a commission working group incorporated some of the concerns expressed by developers. Stuart Sampley, president of the Austin chapter of the American Institute of Architects, said the ordinance unfairly targeted development, design, and architectural professionals and misrepresented their day-to-day interactions with city officials as lobbying. The recommendations from the working group urged city staff to explore a number of potential negative effects of stricter lobbying requirements. Backers of the reform hope the measure will be on the agenda for council at its last meeting of the year on December 17.

Washington – Seattle’s Experiment with Campaign Funding
The Atlantic – Russell Berman | Published: 11/9/2015

Starting in 2017, Seattle residents will be able to contribute to local candidates without spending a dime of their own money. Instead, the government will send each registered voter four $25 vouchers that they can give to candidates of their choice. Candidates can opt out, but those who participate will have to abide by strict limits on spending and on receiving private donations. “The promise of vouchers is turning every single voter in the city into a donor,” said Alan Durning, the executive director of the Sightline Institute, a think tank and advocacy group that pushed for the new program. Critics have said the measure’s design will benefit incumbents and entrenched political organizations who do not need any extra boost.

Wisconsin – Senate GOP Votes to Overhaul Campaign Finance, Revamp Board
Albany Times Union – Todd Richmond (Associated Press) | Published: 11/7/2015

The Wisconsin Senate approved, with changes, a pair of bills altering the state’s campaign finance and election oversight rules. They will now return to the Assembly, which must approve the changes before sending the bills to Gov. Scott Walker. Republicans backing the proposals say they are necessary to bring the state’s statutes in line with court rulings and to protect First Amendment rights to free speech. Democrats argue the bills, along with one limiting the scope of crimes that can be investigated in so-called John Doe probes, would open the door for corruption and expand the influence of money in politics.

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:

Neuropolitics, Where Campaigns Try to Read Your Mind
New York Times – Kevin Randall | Published: 11/2/2015

All over the world, political campaigns are seeking voter data and insights that will propel them to victory. Now, that includes the contentious field known as neuromarketing – or in this case, neuropolitics. Technologies like facial coding, biofeedback, and brain imaging have long been used by companies in the hope of pushing the boundaries of marketing and product development. But their use by political parties and governments is a growing phenomenon. The practice has come under attack, but the skepticism has not dissuaded political parties in many parts of the world. The campaigns of presidents and prime ministers on at least three continents have hired science consultants to scan voters’ brains, bodies, and faces, all with the aim of heightening their emotional resonance with the electorate.

New Generation of Trade Group CEOs Take More Aggressive – and at Times Unorthodox – Approach to Lobbying
Washington Post – Catherine Ho | Published: 11/4/2015

A new generation of trade group leaders are deploying a wide range of unorthodox lobbying tactics, a shift reflecting the new normal of the advocacy business. Some of the new CEOs are as much as two or three decades younger than their predecessors and came to power at the same time gridlock and chaos reigned in Congress. Rather than only forging relationships with federal lawmakers, they are turning to state-level lobbying and media campaigns to shape public opinion. These younger leaders are pushing to remake the image of some trade groups as a cushy track to retirement for former elected officials.

Federal:

Bush, Clinton Benefit from Lobbying Gray Area
Politico – Isaac Arnsdorf | Published: 11/3/2015

Campaigns are required to file reports detailing registered lobbyists who round up donations, but that number is only a small slice of the fundraisers who work in some capacity in Washington’s influence industry. A quarter of those who bundled $100,000 or more for Hillary Clinton work at lobbying firms or public affairs agencies, lobby at the state level, or otherwise make their living from influencing the government, even though they are not themselves registered to lobby Congress. For Jeb Bush, 58 of the 342 people who raised at least $17,600 are advocates and operatives linked to the influence industry, although they are not reported as federal lobbyists. The reliance on these power brokers shows how much both candidates are drawing on family and party networks forged over decades in politics to bankroll their presidential bids. It also illustrates the weaknesses in the rules meant to subject lobbyists to more public scrutiny.

Paul Ryan Lands at Center of a Rivalry for the Soul of the G.O.P.
New York Times – Carl Hulse | Published: 11/2/2015

The rise of the tea party-influenced conservatives who toppled John Boehner as House speaker has driven a wedge between the party’s right flank and the corporate interests and business advocates who were the embodiment of the Republican Party in years past. Now the term Chamber of Commerce Republican has been turned into a pejorative by hard-right conservative activists who rail against “crony capitalism.” It is an extraordinary political development, one that the new speaker, Paul Ryan, will have to navigate as he takes control of the House. And those on the hard right and in the corner offices are watching closely to see which way he leans.

Twitter <3 Enhanced Political #Disclosure
Center for Public Integrity – Dave Levinthal | Published: 11/4/2015

Twitter’s nascent PAC, which is poised to make its first-ever federal campaign contributions, plans to disclose them within 48 hours. “Timely disclosure is something we could do. We figured, ‘Why not?'” said Colin Crowell, Twitter’s head of global public policy. Twitter will also publicly disclose its trade association memberships and membership costs, as well as any financial associations it has with nonprofit organizations, which are not required to reveal their donors.

From the States and Municipalities:

Arizona – Elections Panel Moves to Uncover Political ‘Dark Money’
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 10/31/2015

The Citizens Clean Elections Commission adopted a rule that spells out what will be considered to be a “political committee.” That designation is crucial because only political committees are required to report both contributions and expenditures. The new guideline says the reporting requirement applies when any organization spends at least half of its overall communications expenses on Arizona political races. Tom Collins, the commission’s executive director, said the rule is a direct result of heavy spending last election by groups that refused to disclose the source of their cash.

California – Tighter Rules for Lobbying Win S.F. Voter Approval
San Francisco Chronicle – Kevin Fagan | Published: 11/3/2015

Proposition C, which was approved by San Francisco voters on November 3, will require individuals or groups to register as lobbyists if they spend more than $2,500 in a month to encourage others to lobby city officials directly. The issue was placed on the ballot by a unanimous vote of the city Ethics Commission to try to rein in “Astroturf” lobbying, which refers to third-party influence efforts that try to disguise the real group or person behind a fake grassroots message. Many of the city’s grassroots and nonprofit organizations supported the idea behind Proposition C but said it would unfairly force them to abide by the same rules as more-moneyed traditional lobbyists. Proponents maintained that all lobbyists, big and small, should be equally accountable.

Connecticut – Joseph Ganim, Disgraced Ex-Mayor of Bridgeport, Conn., Wins Back Job
New York Times – Kristin Hussey | Published: 11/3/2015

An ex-convict who spent seven years in federal prison for corruption reclaimed the Bridgeport mayor’s office, completing a stunning comeback bid that tapped nostalgia for brighter days in Connecticut’s largest city. Joe Ganim, who was released from prison five years ago, declared victory in a race involving seven opponents. Ganim was mayor from 1991 to 2003, resigning after he was convicted of accepting hundreds of thousands of dollars from people and companies doing business with the city. Eddie Moro, a security employee in the public school system, said he has no problem with Ganim’s criminal record. “He didn’t kill nobody,” said Moro.

Maine – Maine Backs Post-Citizens United Campaign Finance Initiative
Huffington Post – Paul Blumenthal | Published: 11/3/2015

Maine voters approved a proposal to expand the state’s public campaign financing system. It will increase public funding for candidates to as much as $3 million while allowing them to collect additional five-dollar qualifying donations. The initiative will also require organizations behind political advertisements to disclose the top three donors funding the ads and increase penalties for candidates who violate the state’s campaign finance laws.

Maryland – D.C. Law Student Takes Case against Md. Gerrymandering to Supreme Court
Washington Post – Robert Barnes | Published: 11/1/2015

Steve Shapiro worked on an assignment for a class at American University’s Washington College of Law, where he is a first-semester student. He pored over his brief due at the U.S. Supreme Court, where his battle against Maryland’s often-criticized gerrymandered congressional districts will be heard in a case that bears his name. It was his decades-long fight with Maryland’s political leadership over redistricting that, in part, fueled his decision to leave his job as a career federal employee and enroll full time in law school. Before he ever took his first law class, he served as his own lawyer, filing the original complaint in what is now called Shapiro v. McManus and a subsequent appeal after losing the first round.

New York – In Two Corruption Cases, the Culture of Albany Will Go on Trial
New York Times – William Rashbaum and Susanne Craig | Published: 11/1/2015

The former leaders of New York’s two legislative chambers face simultaneous public corruption trials this month in a federal courthouse. Former New York State Assembly Speaker Sheldon Silver, long one of the state’s most powerful lawmakers, goes on trial first on charges he used his office to collect millions of dollars in kickbacks and bribes. Dean Skelos, a former Senate majority leader, faces his own criminal trial on November 16. He is charged with taking official actions on behalf of several companies in exchange for payments to his son. The trials are the highest-profile cases in a string of corruption scandals. More than 30 state lawmakers have either been indicted or forced from office in recent years.

New York – Mayor de Blasio’s Hired Guns: Private consultants help shape City Hall
New York Times – Thomas Kaplan | Published: 11/4/2015

Several consultants helped guide Bill de Blasio campaign for New York City mayor in 2013, and they have remained at his side as a kind of privately funded brain trust, offering strategic advice and helping to shape the message that comes from City Hall. Their involvement also poses conflict-of-interest concerns; some of their firms have clients that do business with the city. Most of the money for the consultants has come from a nonprofit organization, the Campaign for One New York, that was created by political professionals from his mayoral campaign as a vehicle to push de Blasio’s initiatives, and whose donors have included real estate developers and unions.

North Carolina – McCrory Brokered Meeting on Contract for Friend and Campaign Donor
Raleigh News & Observer – Joseph Neff, Craig Jarvis, and Ames Alexander | Published: 10/30/2015

Last fall, North Carolina Gov. Pat McCrory personally intervened on behalf of a friend and major political donor who wanted to renew $3 million in private prison contracts over the objections of McCrory’s top prison officials. Graeme Keith Sr., a developer and retired banker, has pursued private maintenance contracts in state prisons since 1999. Keith’s contracts at two prisons were set to expire December 31, 2014; a third would have ended four months later. The governor convened an October 2014 meeting where, according to a Department of Public Safety memorandum, Keith told prison officials and McCrory that “he had been working on this project ‘private prison maintenance’ for over ten years and during that time had given a lot of money to candidates running for public office and it was now time for him to get something in return.”

Texas – Opponents of Houston Rights Measure Focused on Bathrooms, and Won
New York Times – Manny Fernandez and Alan Blinder | Published: 11/4/2015

More than a year ago, when Houston Mayor Annise Parker and her supporters first proposed an ordinance outlawing discrimination based on factors such as race, religion, and sexual orientation and steered it through the city council, they expected it to be welcomed in a diverse city that had become, with Parker’s election in 2009, the nation’s first big city to elect an openly gay or lesbian mayor. Instead, voters rejected the ordinance overwhelmingly. Opponents zeroed in on the measure’s gender-identity protections and focused the debate on a narrow issue whose very relevance was disputed by rivals: bathrooms, and access to them. What was clear was that a months-long effort by social conservatives to repeal the ordinance and reframe the issue had paid off, through tactics likely to be used again in similar battles around the country.

Washington – ‘Democracy Vouchers’ Win in Seattle; First in Country
Seattle Times – Bob Young | Published: 11/3/2015

Seattle voters passed a ballot measure that was seen as a national model for campaign finance reform. Under Initiative 122, every city resident would receive four “democracy vouchers” each representing $25 of public funds. The vouchers could be given to any local candidate of their choice, as long as that candidate opted in to the program. The measure also prohibits candidates from receiving contributions from any person or company with at least $250,000 in city contracts or $5,000 in lobbying expenses. It also will bar elected officials and their top aides from lobbying the city for three years after leaving their government jobs.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.