March 18, 2016 •
News You Can Use Digest – March 18, 2016
National: Even as Political Spending Explodes, Disclosure Remains Hazy CTNewsJunkie.com – Mary Spicuzza (Milwaukee Journal Sentinel) and Jeremy White (Sacramento Bee) | Published: 3/15/2016 So-called dark money spending is expected to explode during this presidential election year. Congress could require more […]
National:
Even as Political Spending Explodes, Disclosure Remains Hazy
CTNewsJunkie.com – Mary Spicuzza (Milwaukee Journal Sentinel) and Jeremy White (Sacramento Bee) | Published: 3/15/2016
So-called dark money spending is expected to explode during this presidential election year. Congress could require more disclosure about who is financing campaigns, but it has made no move to do so. Attempts to force more disclosure from outside special interest groups have succeeded in some states. But there is a limit to what states can do, since they do not have oversight of spending on federal races, which are consistently the costliest elections. While some state election agencies have moved to make more donor information public, they often struggle to win support from lawmakers, said Denise Roth Barber of the National Institute on Money in State Politics.
Federal:
Donald Trump’s Presidential Run Began in an Effort to Gain Stature
New York Times – Maggie Haberman and Alexander Burns | Published: 3/12/2016
During his remarks at the White House Correspondents’ Association Dinner in 2011, President Obama lampooned Donald Trump. After the dinner ended, Trump quickly left, appearing upset. That evening of public abasement accelerated Trump’s efforts to gain stature within the political world. And it captured the degree to which his campaign is driven by a yearning sometimes obscured by his bluster and bragging: a desire to be taken seriously. That desire has played out over the last several years within a Republican Party that placated and indulged him, and accepted his money and support, seemingly not grasping how determined he was to become a major force in American politics. In the process, the party bestowed upon Trump the kind of legitimacy that he craved, which has helped him pursue a credible bid for the presidency.
Rubio’s Demise Marks the Last Gasp of the Republican Reboot
Washington Post – Robert Costa and Philip Rucker | Published: 3/15/2016
U.S. Sen. Marco Rubio dropped out of the presidential race after losing the Florida primary to Donald Trump and failing to unite the Republican establishment against the front-runner. Since Mitt Romney’s loss in 2012, the Republican National Committee and leading voices at think tanks and editorial boards have charted a path back to the White House based on inclusive rhetoric and a focus on middle-class issues. Nobody embodied that vision better than Rubio, a standard-bearer for conservative orthodoxy who readily embraced the proposals of the right’s elite thinkers. But his once-promising candidacy, as well as the conservative reform movement’s playbook, was spectacularly undone by Trump and his defiant politics of economic and ethnic grievance. The drift toward visceral populism became an all-consuming rush, leaving Rubio and others unable to adjust.
Supreme Court Nomination Drives Groups from Left and Right to Fight
New York Times – Eric Lipton | Published: 3/16/2016
With the selection by President Obama of Merrick Garland to fill the vacancy on the U.S. Supreme Court, advocacy groups from the left and the right are now fully engaged in what both sides agree will be a highly contentious nomination fight, even if the Senate never formally considers the president’s choice. Part of the intensity is a reflection of the enormous and diverse range of special interest groups that have decided to engage in this fight, which will be the first in an age in which social media has become a dominant force. In many cases, the groups have set aside longstanding tensions that have prevented them from teaming up in a unified way.
Wild Card for Trump: Who gets to be a convention delegate?
Washington Post – Karen Tumulty and Jose DelReal | Published: 3/16/2016
With more than half the states having now held their nominating contests, Donald Trump and U.S. Sen. Ted Cruz are directing their attention to a second, shadow election campaign – one that is out of sight and little understood but critical if Republicans arrive at their national convention with Trump short of a majority of delegates. This parallel campaign is to select the individual delegates who will go to Cleveland in July for what could be the first contested convention in more than 60 years. Chosen through a byzantine process in each state, most of the delegates will become free agents if no one wins a majority on the first ballot. The mere prospect that delegates could deny Trump the nomination led him to predict that violence could erupt in such a scenario.
From the States and Municipalities:
California – FPPC Votes to Tighten California Lobbying Regulations
Sacramento Bee – Taryn Luna | Published: 3/17/2016
The California Fair Political Practices Commission (FPPC) voted to narrow a regulation that allows people to avoid identifying themselves as lobbyists by attending Capitol meetings as experts. The regulation has faced scrutiny as a way for former legislators and officials to skirt state rules requiring they wait a year after leaving office to lobby their former colleagues. The changes approved by the FPPC state that the “ride-along” participant must work for the lobbyist employer and can only act as an expert on subject matter related to the legislation under discussion.
California – How a State Senator – Whose Family is in the Taxi Business – Put the Brakes on Two Uber Bills
Los Angeles Times – Liam Dillon | Published: 3/11/2016
San Diego taxi company owner Alfredo Hueso is a frustrated businessperson. He believes state regulations are helping companies like Uber and Lyft rob him of business. And as he complained in a recent letter to the state Senate president, elected leaders are not doing anything to fix the problem. In that battle, though, Hueso has one advantage over the ridesharing companies: his younger brother is state Sen. Ben Hueso, an important advocate in Sacramento for the taxi industry. Since his election to the Legislature more than five years ago, Sen. Hueso has pushed for stiffer regulation of rideshare companies amid a battle playing out all over the country. At the same time, the burgeoning industry has stepped up its attempt to influence policy in Sacramento.
Florida – FBI Agents Blow Lid Off Opa-locka City Hall Corruption Probe
Miami Herald – Jay Weaver, Michael Sallah, and Katie Lepri | Published: 3/10/2016
Federal agents raided Opa-locka City Hall to gather official records, computers, and other evidence in a public corruption probe zeroing in on top public officials, including the mayor and other city commissioners. The FBI’s search follows a two-year investigation into allegations of kickback schemes between government contractors and public officials, according to law enforcement sources familiar with the case. The crackdown comes at a time when Opa-locka, one of Miami-Dade County’s poorest cities, has been struggling with a financial crisis stemming from millions of dollars in uncollected revenue and mismanagement.
Hawaii – Honolulu Ethics Director on Leave after Internal Investigation
Honolulu Civil Beat – Anita Hofschneider | Published: 3/14/2016
Chuck Totto, the Honolulu Ethics Commission’s longtime executive director, is on leave following an independent investigation by the commissioners into the management of the agency’s staff. He has been gone since March 1 and plans to return on April 4. Totto has had a contentious relationship with Mayor Kirk Caldwell and, increasingly, the commission over the last three years.
Hawaii – Passing The Buck: When Hawaii politicians give to each other
Honolulu Civil Beat – Nathan Eagle | Published: 3/15/2016
Hawaii law prohibits candidates from using their own campaign funds to support others running for office. But some state legislators and other officeholders have long gotten around the ban through a loophole that lets them buy up to two tickets to another politician’s fundraiser for an amount often equal to the maximum allowable individual campaign contribution. Now the Legislature is considering a bill that would remove the need to hold a fundraiser and simply allow direct campaign donations between candidates, something critics contend amounts to buying influence.
Michigan – Could More Government Transparency Help Prevent Another Flint?
Christian Science Monitor – Jessica Mendoza | Published: 3/17/2016
The drinking water crisis in Flint, which left about 200 children diagnosed with dangerous levels of lead in their blood, underscored not only officials’ failure to address concerns about the city’s water quality, open government advocates say. It also reflects an overall lack of transparency in Michigan’s government, which two watchdog groups characterized as the worst in the nation. As some, but not all, e-mails related to the decision to switch Flint’s water source have been released, it also has called to question loopholes in the state’s Freedom of Information Act, which some say allowed officials to function with little public oversight. More broadly, the situation has renewed national conversation about the value of the public’s right to know and the role of accountability in effective governance.
New Mexico – Questions Raised about Martinez’s Inaugural Spending
Las Cruces Sun-News – Justin Horwath | Published: 3/14/2016
How the nearly $1 million that Susana Martinez’s inaugural committee raised was spent has remained largely a mystery and was, until recently, among the subjects of a long-running FBI investigation into Jay McCleskey, the governor’s top political adviser. McCleskey’s lawyer said the FBI has dropped its inquiry and no grand jury indictment is forthcoming. Records obtained by The Santa Fe New Mexican provide details into the committee’s spending, including more than $130,000 that went to companies connected to McCleskey. The documents also provide strong evidence that, despite the committee’s promises to the contrary, some of the 2010 inaugural money was used for fundraising for Martinez’s 2014 re-election campaign. The committee had promised to donate all unspent money to charity.
New York – Suit to Close LLC Loophole Tossed
Albany Times Union – Chris Bragg | Published: 3/16/2016
A judge has dismissed a challenge to the New York Board of Elections’ treatment of limited liability companies (LLCs). The board treats LLCs as individuals for the purpose of determining campaign contribution limits, which allows those who control many of them give politicians far more than the caps that apply to other individuals. The Brennan Center for Justice brought a case challenging this interpretation. State Supreme Court Justice Lisa Fisher dismissed the case, finding the statute of limitations against the 1996 board decision had passed. She also wrote that the treatment of LLCs “has all the hallmarks of a political question best suited for resolution through legislative action.”
Washington – Judge Finds Grocery Group Violated Campaign Laws in 2013
Tacoma News-Tribune – Donna Gordon Blankinship (Associated Press) | Published: 3/11/2016
A judged ruled the Grocery Manufacturer’s Association (GMA) violated Washington’s campaign finance disclosure laws by hiding the identities of corporate donors that were funding efforts to defeat a food labeling initiative in the state. But Superior Court Judge Anne Hirsch said the case has to go to trial to determine what fine the group will pay; the amount depends on whether the violation was intentional. The GMA raised $14 million from corporations to fight Initiative 522 and then donated $11 million in the organization’s name. State Attorney General Bob Ferguson sued the association in October 2013.
Washington – Voters Could Get $150 to Give to Candidates under Proposed Initiative
Seattle Times – Jim Brunner | Published: 3/14/2016
Washington voters would be allowed to make $150 in taxpayer-funded donations to legislative candidates every two years under a ballot initiative proposal. Backers of the measure, aimed at the November 2016 ballot, say it would curb the influence of moneyed special interests by creating the new public campaign financing system, modeled in part on a “Democracy vouchers” initiative approved by Seattle voters last year. It also would make a host of changes to state campaign finance and lobbying laws, including a $100 limit on campaign donations by government contractors and lobbyists to candidates for offices with power to benefit them.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
March 17, 2016 •
Thursday News Roundup
Campaign Finance “Even as Political Spending Explodes, Disclosure Remains Hazy” by Mary Spicuzza (Milwaukee Journal Sentinel) and Jeremy White (Sacramento Bee) for CTNewsJunkie.com Arizona: “House Panel OKs Significant Changes to Campaign Finance Laws” by Howard Fischer (Capitol Media Services) for […]
Campaign Finance
“Even as Political Spending Explodes, Disclosure Remains Hazy” by Mary Spicuzza (Milwaukee Journal Sentinel) and Jeremy White (Sacramento Bee) for CTNewsJunkie.com
Arizona: “House Panel OKs Significant Changes to Campaign Finance Laws” by Howard Fischer (Capitol Media Services) for Arizona Daily Star
Hawaii: “Honolulu Ethics Director on Leave after Internal Investigation” by Anita Hofschneider for Honolulu Civil Beat
Hawaii: “Passing The Buck: When Hawaii politicians give to each other” by Nathan Eagle for Honolulu Civil Beat
Washington: “Voters Could Get $150 to Give to Candidates under Proposed Initiative” by Jim Brunner for Seattle Times
Ethics
“Supreme Court Nomination Drives Groups from Left and Right to Fight” by Eric Lipton for New York Times
California: “‘Dark Money’ Measure Pulled by California Campaign Reform Backers” by Taryn Luna for Sacramento Bee
California: “How a State Senator – Whose Family is in the Taxi Business – Put the Brakes on Two Uber Bills” by Liam Dillon for Los Angeles Times
Florida: “FBI Agents Blow Lid Off Opa-locka City Hall Corruption Probe” by Jay Weaver, Michael Sallah, and Katie Lepri for Miami Herald
West Virginia:”Lawmakers Killed Ethics Bills on Session’s Last Day” by Eric Eyre for Charleston Gazette
Elections
“Hillary Clinton Wins 4 Races, Rebounding From Michigan Loss” by Patrick Healy and Amy Chozick for New York Times
“Donald Trump Takes 3 States; John Kasich Wins Ohio” by Jonathan Martin and Alexander Burns for New York Times
“Rubio’s Demise Marks the Last Gasp of the Republican Reboot” by Robert Costa and Philip Rucker for Washington Post
Legislative Issues
“Capitol Benches That Provided Comfort to Lobbyists Have Been Ordered Removed” by Nathaniel Herz for Alaska Dispatch News
March 15, 2016 •
Tuesday Lobbying and Campaign Finance News Update
Lobbying California: “California Watchdog Considers Rule Narrowing Secret Lobbying” by Alison Noon (Associated Press) for Los Angeles Daily News Florida: “Broward Commissioners Reject ‘Gift’ from Boys & Girls Club” by Brittany Wallman for South Florida Sun Sentinel New Jersey: “Sweeney’s […]
Lobbying
California: “California Watchdog Considers Rule Narrowing Secret Lobbying” by Alison Noon (Associated Press) for Los Angeles Daily News
Florida: “Broward Commissioners Reject ‘Gift’ from Boys & Girls Club” by Brittany Wallman for South Florida Sun Sentinel
New Jersey: “Sweeney’s Office and Horizon Swapped Notes before Key Speech” by Susan Livio (NJ Advance media) for Newark Star-Ledger
North Carolina: “Group Attacks NC House Member Justin Burr for Dating a Lobbyist” by Colin Campbell for Raleigh News & Observer
Vermont: “Lawmakers Switch Tack on Lobbyist Donations” by Jasper Craven and Anne Galloway for VTDigger.org
Virgina: “Virginia Legislative Session Ends with Agreements and Bickering” by Travis Fain for The Daily Press
Campaign Finance
New Mexico: “Questions Raised about Martinez’s Inaugural Spending” by Justin Horwath for Las Cruces Sun-News
Virgina: “Lawmakers Switch Tack on Lobbyist Donations” by Jasper Craven and Anne Galloway for VTDigger.org
Washington: “Judge Finds Grocery Group Violated Campaign Laws in 2013” by Donna Gordon Blankenship (Associated Press) for Tacoma News-Tribune
Ethics
New York: “Heastie Outlines Assembly Ethics Plan” by David Howard King for Gotham Gazette
South Carolina: “Group Sends SC House Members $2 Each, Asking for their Vote” by Jamie Self for The State
Elections
“Donald Trump’s Presidential Run Began in an Effort to Gain Stature” by Maggie Haberman and Alexander Burns for New York Times
Legislative Issues
Alabama: “Momentum to Remove Confederate Symbols Slows or Stops” by Alan Blinder for New York Times
March 11, 2016 •
News You Can Use Digest – March 11, 2016
Federal: Ben Carson’s Small-Dollar Donors Could Keep Yielding Big Money Center for Public Integrity – Carrie Levine | Published: 3/3/2016 Ben Carson’s database containing personal information on more than 700,000 donors to his presidential campaign could be a big money-maker if […]
Federal:
Ben Carson’s Small-Dollar Donors Could Keep Yielding Big Money
Center for Public Integrity – Carrie Levine | Published: 3/3/2016
Ben Carson’s database containing personal information on more than 700,000 donors to his presidential campaign could be a big money-maker if supporters’ information is rented to other candidates, political committees, and even for-profit data brokers, that may, in turn, use it to raise money. Some of the primary beneficiaries of renting Carson’s list would likely be his own campaign consultants and political operatives, who typically oversee marketing such lists and administering what remains of the campaign apparatus. A high percentage of Carson’s contributors has not previously given to candidates, which means those donors are less likely to be on other political lists already in circulation. This makes Carson’s supporter database an even more valuable commodity, to the party and to others who want to raise money.
Lobbyists Plan for Battle over Contractor Fair Pay Rule
Bloomberg BNA – Ben Penn | Published: 3/3/2016
A controversial executive order requiring federal contractors to disclose past employment law violations has trade association lobbyists, worker advocates, and attorneys gearing up for a fierce debate on Capitol Hill and in the courts. The Federal Acquisition Regulatory Council and the Labor Department are busy finalizing a regulation and guidance to implement the President Obama’s Fair Pay and Safe Workplaces Executive Order. It requires businesses to disclose any violations of 14 federal labor and employment laws, as well as comparable state laws, for the previous three years to be eligible for contracts worth more than $500,000. It allows agencies to deny contracts based on the information.
The FEC Just Made It Easier for Super PAC Donors to Hide Their Identities
Washington Post – Matea Gold | Published: 3/7/2016
Political donors hiding their super PAC contributions behind shell companies have effectively been given the green light to continue the practice after the FEC could not agree whether to open an investigation into so-called straw donations. Campaign finance law stipulates that donors cannot make political contributions in another person’s name. This law has tended to be breached by employers who privately instruct their employees to donate to political campaigns, with the assurance that they will later be reimbursed. But in the era following the U.S. Supreme Court’s Citizens United decision, the practices of disclosure have become even cloudier, and mysterious LLC groups have proliferated.
Trump Cracks Down on Protesters
Politico – Ben Schreckinger | Published: 3/8/2016
Donald Trump’s campaign appears to be ramping up efforts to prevent displays of dissent at his often unruly rallies. New tactics include extended barriers cordoning off the press and plainclothes private intelligence officers monitoring the crowd for protestors. Trump has escalated confrontations with protesters, leaving his podium to stare them down and repeatedly lamenting that his supporters cannot retaliate against them. At a rally in Nevada, he said of a dissenter, “I’d like to punch him in the face.” One member of Trump’s private security team, Eddie Deck, said his duties were now weighted towards intelligence work researching potential protesters and assisting uniformed security personnel under the direction of the candidate’s head of security.
From the States and Municipalities:
Alaska – Legislature Pursues More Big Cuts to Campaign Finance Regulators
Alaska Dispatch News – Alex DeMarban | Published: 3/9/2016
The Legislature last year cut funding to the Alaska Public Offices Commission (APOC) by 43 percent. Now, lawmakers are moving ahead with plans to strike another $200,000, reducing the agency’s budget to $591,000, a 57 percent drop from two years earlier. Heather Hebdon, APOC’s campaign disclosure coordinator, said if the latest round of cuts is accepted by lawmakers, it will be harder for her agency to regulate fundraising and spending during busy state elections this summer and fall. APOC also enforces disclosure requirements for lobbyists, a job handled by one employee in Juneau, as well as disclosure requirements for public officials.
California – California GOP Leader Wants to Reinvent Party
The Desert Sun – Laurel Rosenhall (CALmatters) | Published: 3/9/2016
Chad Mayes, the California Assembly’s Republican leader, takes over as the GOP is fracturing at the national level over the presidential nomination, and dwindling in California, where less than 28 percent of voters are now registered Republican. Mayes believes he can make his party relevant in this blue state by moving away from social issues like gay marriage and abortion, and focusing instead on quality of life issues like housing affordability and the need for middle-class jobs. Fueled by his Christian faith and a pragmatic style, Mayes is trying to make poverty alleviation a key focus for Republicans.
Colorado – Audit: Colorado’s ethics commission rarely helps those filing complaints
Denver Post – Joey Bunch | Published: 3/8/2016
A state audit revealed that the Colorado Independent Ethics Commission does a poor job telling people how to file a complaint, what complaints the commission can review, and what the public can reasonably expect to happen to those who commit a violation. Those failings are among the reasons that 50 of the 57 complaints the commission reviewed from 2012 through 2015 were dismissed because the commission did not have authority or jurisdiction over the case, auditors suggested. The commission, which has a one-person staff and no investigators, found just four violations in four years. The agency’s few powers include oversight of gifts to state and some local officials exceeding $59 a year.
Connecticut – Connecticut Election, Information and Ethics Watchdog Agencies Fear Results of Deep Cuts
New Haven Register – Mary O’Leary | Published: 3/3/2016
Connecticut’s watchdog agencies say any additional budget cuts will leave them unable to function. The state is trying to close a $900 million deficit. The executive directors of the Freedom of Information Commission, the State Election Enforcement Commission, and the Office of State Ethics said their collective mission to keep government honest is being threatened. The directors said a big part of each of their jobs is training people to keep them out of trouble. Carol Carson, executive director of the Office of State Ethics, said if they hold fewer training sessions, they will have fewer people seeking advice and there will be more expensive enforcement action against state employees, public officials, and lobbyists. “I’d rather give advice to 1,000 people than enforce against 100,” Carson said.
Indiana – State to Locals: You can’t do that. Or that.
Indianapolis Star – Brian Eason | Published: 3/6/2016
Lately, it seems, whenever an Indiana city even thinks about passing an ordinance the General Assembly disagrees with, state lawmakers strip local officials of the authority to do so. To some, the erosion of local authority is nothing short of an attack on local democracy. To others, the practice known as pre-emption is a necessary protection. The recent proliferation of pre-emption bills can be explained in part by Indiana’s political culture and in part by a national conservative movement.
Massachusetts – Mass. Campaign Finance Regulators’ Office Gets Hip to Memes
Boston Globe – Steve Annear | Published: 3/3/2016
Regulators in Massachusetts are using a social media campaign to educate the public about the state’s campaign finance law. An image posted on the Office of Campaign and Political Finance’s Twitter account explained how much money candidates running for office are allowed to collect from donors. “An individual can contribute up to $50 a year in cash to a candidate,” read the message, which used a picture of an enthusiastic man in a business suit being showered with money to accentuate the point. The goal is to make the complex rules and regulations of running for political office more engaging. It is a dramatic change of tactics from the usually staid office.
Mississippi – No State Officials Enforce Campaign Finance Laws
Jackson Clarion-Ledger – Mollie Bryant, Geoff Pender, and Katie Royals | Published: 3/5/2016
No government agency claims responsibility for ensuring candidates and officials in Mississippi follow the state’s campaign finance laws. Secretary of State Delbert Hosemann said no one reviews campaign finance reports filed with his office, and his office does not have the authority or resources to do so. The only campaign finance enforcement under Mississippi law involves disclosure. State law requires the secretary of state to report the names of candidates and elected officials who have not filed campaign finance reports and to fine them. If candidates and elected officials do not pay what they owe within 120 days, the secretary of state is required to notify the attorney general, who can file a suit.
New Mexico – Transparency Legislation Isn’t Quite as Transparent as Billed
New Mexico In Depth – Sandra Fish | Published: 3/4/2016
House Bill 105, which was signed into law by Gov. Susana Martinez, aims to make it easier for the public to access information about campaign contributions and lobbyists’ reporting. But the bill also ends a requirement that lobbyists report cumulative spending on lawmakers, and increases the limit for reporting from $75 to $100 per event. If the law had been in effect during 2015, nearly one-fourth of the 4818,000 spent by lobbyists would have gone unreported. The section on lobbyist reporting takes effect July 1, and would apply to lobbyists reports filed in October and January 2017.
New York – Assembly Democrats Introduce Bill to Increase Public Disclosure Requirements for Groups Who Lobby in New York
New York Daily News – Kenneth Lovett | Published: 3/10/2016
A bill introduced in the New York Assembly would amend lobbying disclosure rules. It would also specifically exempt from the definition of lobbying any communications with news outlets, including editorial boards. The legislation would require organizations registered to lobby in New York and that spend more than $5,000 to disclose the names of all donors who gave them more than $1,000. They would also have to disclose the exact amount donated and how the funding was used.
New York – PR Firms File Suit over ‘Hopelessly Vague’ JCOPE Lobbying Definition
Capital New York – Bill Mahoney | Published: 3/8/2016
A group of public relations firms filed suit in federal court against the New York Joint Commission on Public Ethics (JCOPE) to stop it from putting into effect a rule requiring disclosure of efforts to get editorial columns written for causes. The suit claims JCOPE overstepped its mandate when it adopted an advisory opinion that reinterpreted the definition of the lobbying. The new standard caused an uproar among many public relations professionals, who argued such disclosure would limit their right to free speech as well as the ability of editorial board members and other journalists to talk with such sources about issues and possible articles.
Pennsylvania – Former LCB Chairman Who Took Gifts Drops Out of Ethics Panel
Pittsburgh Tribune-Review – Kari Andren | Published: 3/8/2016
Patrick Stapleton, a former chairperson of the Pennsylvania Liquor Control Board, backed out of a National Alcohol Beverage Control Association meeting on the same day a reporter inquired about his appearance. Stapleton was implicated in a 2014 investigation for accepting gifts from vendors. He and was on the agenda of the meeting as a panelist instructing alcohol regulators about ethical behavior. Stapleton was fined more than $7,250 for accepting gifts ranging from golf outings and meals to Philadelphia Phillies tickets and wine and spirits donations for an annual event he and his then-wife operated. A report painted a picture of officials regularly taking advantage of liquor vendors looking for their piece of the Pennsylvania agency’s $2.1 billion in annual sales.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
March 4, 2016 •
News You Can Use Digest – March 4, 2016
National: Meet the ‘Nones,’ the Democratic Party’s Biggest Faith Constituency Washington Post – Michelle Boorstein | Published: 2/29/2016 A large group of Americans reject any label or affiliation to describe their faith. At 23 percent of the population, this left-leaning group […]
National:
Meet the ‘Nones,’ the Democratic Party’s Biggest Faith Constituency
Washington Post – Michelle Boorstein | Published: 2/29/2016
A large group of Americans reject any label or affiliation to describe their faith. At 23 percent of the population, this left-leaning group called “Nones” are the Democratic parallel to the Republican Party’s white evangelicals – except without organization, PACs, and a clear agenda. They do, however, have one big expectation of political candidates: be ethical, and go light on the God talk. A group that skews under 40, is white, and non-immigrant, the Nones want politicians to tone it down because they are fed up with religious institutions they see as corrupt and discriminatory. In the process, they are rewriting the country’s political discourse on morality.
Federal:
As Presidential Campaign Unfolds, So Do Inquiries into Clinton’s Emails
New York Times – Steven Lee Myers and Matt Apuzzo | Published: 3/2/2016
Hillary Clinton faces legal hurdles from her use of a private computer server as secretary of state. Foremost among a half-dozen inquiries and legal proceedings into whether classified information was sent through Clinton’s server is an investigation by the FBI, whose agents could seek to question Clinton’s closest aides and possibly the candidate herself within weeks. A federal law enforcement official said barring any unforeseen changes, the investigation could conclude by early May. Then the Justice Department will decide whether to file criminal charges and, if so, against whom. Federal law makes it a crime to mishandle classified information outside secure government channels when someone does so “knowingly” or, more seriously, permits it through “gross negligence.” Clinton has correctly pointed out that none of the emails on her server were marked as classified at the time.
Inside the Clinton Team’s Plan to Defeat Donald Trump
New York Times – Amy Chozick and Patrick Healy | Published: 2/29/2016
Hillary Clinton and her allies are shifting their attention to a likely general-election contest against Donald Trump that they expect to be strongly negative. Clinton is still waging a nomination battle against Bernie Sanders, but increasingly sure that Trump will win the Republican nomination, she appears to be running a two-pronged campaign. Several Democrats argued Clinton would easily beat Trump. They were confident his incendiary remarks would make him unacceptable to many Americans. But others, including former President Bill Clinton, dismissed those conclusions as denial. They said Trump clearly had a keen sense of the electorate’s mood and only a concerted campaign portraying him as dangerous and bigoted would win what both Clintons believe will be a close November election.
Jeb Bush’s Ambitions Paid Dividends for GOP Admaker Over the Years
Washington Post – Matea Gold | Published: 2/28/2016
Since 1998, when Mike Murphy helped Jeb Bush remake his image and win the Florida governor’s office, the strategist’s firms have received nearly $36 million from Bush’s campaigns, allied political committees, and educational foundation. While the vast majority of the money went to purchase advertising, Murphy got a significant cut as the media consultant. In this year’s presidential contest, Murphy helmed the big-money super PAC that Bush and his allies believed would give him a key edge in the race. By the time Bush dropped out, Right to Rise USA had raced through more than $101 million, to little effect. Murphy’s work for Bush over the years underscores how a long-term relationship with a politician can pay dividends for a political consultant, even in defeat. Right to Rise’s approach will be studied as a test of the kind of fiscal accountability that donors demanded after the 2012 election.
Lobbyists Could Make a Comeback after Obama
The Hill – Megan Wilson | Published: 3/2/2016
None of the candidates running for the White House has vowed to keep President Obama’s restrictions on lobbyists in place, and Democrats have already abandoned his ban on lobbyist contributions to the party committee and nominating convention. Obama came into office vowing to “change how Washington works” by curbing the influence of lobbyists and special interest groups. The measures have been widely panned by K Street over the past seven years. Lobbyists say the attempt to curb Washington’s “revolving door” has succeeded only in keeping qualified people out of important jobs and impeding the flow of information to the administration. Critics say Obama’s policies drove more of the influence industry underground.
Seeing Chris Christie with Donald Trump, New Jersey and Internet Cringe
New York Times – Michael Barbaro | Published: 3/2/2016
New Jersey Gov. Chris Christie’s seemingly shell-shocked gaze as he stood behind Donald Trump on Super Tuesday is generating befuddlement and mockery in his home state and beyond. Conservatives and liberals alike have piled on. His introductory remarks were so subdued and his appearance was so grave that the joke making the rounds on the Internet was that he was a hostage reading a coerced statement. “Gov. Christie, blink twice if you’re in trouble!” one person tweeted. Some newspaper editorials in New Jersey said he is not even fit to be governor any more. They called him a political opportunist who has neglected his duties in the Garden State, and urged him to resign.
From the States and Municipalities:
California – Budding Marijuana Lobby Gains Influence at California Capitol
Sacramento Bee – Taryn Luna | Published: 2/25/2016
When Amy Jenkins signed on to represent the California Cannabis Industry Association, veteran lobbyists told her the move could ruin her career. Bit in Sacramento, cannabis now is a welcome topic in many legislative offices and given rise to a budding micro-economy: marijuana lobbying. More than two dozen groups from the Recreational Boaters of California to the Wine Institute in San Francisco employed lobbyists to influence marijuana issues in the state last year. As the public becomes more accepting of pot, the industry is drawing well-funded business interests that want a piece of California’s billion-dollar market.
California – Female Lobbying Firm Thrives in Male-Dominated Capitol
Bakersfield Californian – Laurel Rosenhall (CALmatters.org) | Published: 2/27/2016
Women have become more prominent in Sacramento’s political scene than they were a generation ago, but they remain in the minority. Just 26 percent of California’s 120 legislators are female, two of the eight state officers elected statewide are women, and women are more likely to be employees than partners at Sacramento’s biggest lobbying firms. Roughly 300 firms are registered to lobby in California. Among the top 20 that brought in the most money last year, Political Solutions is the only one owned entirely by women. Its rare position shows both how far women have come in being able to succeed in the business of politics, and how much they remain outsiders in an old-school industry.
Colorado – Colorado Lobbying Law Offers Murky Picture of Influence on Politics
Denver Post – Joey Bunch | Published: 2/28/2016
The Center for Public Integrity last year deemed Colorado “largely sleaze-free” but criticized the state for its lack of transparency on lobbyists. Attempts to strengthen disclosure at the Legislature have not been effective, and state officials say there is not enough money to make improvements. Meanwhile, the lobbying firms that rank at the top of the income scale are viewed by insiders as those most diligent in reporting because loopholes and a lack of oversight allow for many firms to allow untold amounts of income paid to them to go unreported to the public.
Louisiana – What Budget Crisis? Louisiana Lawmakers Raising Campaign Cash
New Orleans Times-Picayune – Julia O’Donoghue | Published: 3/2/2016
Unlike regular legislative sessions when political fundraisers are forbidden, legislators in Louisiana are free during special sessions to pull in campaign money from fundraising events on the same days they vote on tax increases, budget cuts, and other bills. And 42 of the 144 members of the Legislature have taken advantage of the exception to hold or schedule political fundraisers in Baton Rouge during the 25-day special session that must end March 9. Two more lawmakers are having political fundraisers in Baton Rouge the day after the special session ends. Legislators do not have to report their political contributions from this period until the beginning of 2017, when their 2016 campaign finance reports are due.
Massachusetts – Bill Would Have Lobbyists Disclose Clients
The Sentinel & Enterprise – Michael Norton (State House News Service) | Published: 3/1/2016
State Sen. Sen. Michael Brady introduced a bill calling for municipal lobbyists to begin disclosing their clients and compensation with clerks at city and town halls throughout Massachusetts. Brady said his legislation, which was referred to the State Administration Committee, is modeled after the state lobbying law and establishes new categories governing municipal agents and municipal lobbying. It would require agents receiving more than $2,500 per year to disclose the nature of matters they are lobbying on, officials they have lobbied, the interests paying the agent, and campaign contributions made to local officials. Municipal lobbyists would be required to register annually and pay a fee of $100 under the bill.
Massachusetts – Marty Walsh’s Friends with Benefits
Boston Globe – Mark Arsenault and Andrew Ryan | Published: 2/28/2016
Michael Goldman has set up media interviews for Boston Mayor Martin Walsh, consulted with city officials about the release of public records, orchestrated the rollout of a major municipal labor contract, and written speeches for the mayor – all for free. O’Neil, a political strategist with so much affection for Walsh he said he would “die for the guy,” said he offers his skills and experience to the mayor as a “friend.” At the same time, Goldman’s consulting firm, the O’Neil/Goldman Group, firm lobbies City Hall on behalf of corporate clients who need things from the administration like permits and administration support on development projects worth millions of dollars.
Mississippi – Lobbyists: Campaign finance system ‘disgusting’
Jackson Clarion-Ledger – Geoff Pender, Kate Royals, and Mollie Bryant | Published: 2/28/2016
For roughly the last decade, outside interests such as political parties, lobbyists, corporations, and policy advocates have pumped money into Mississippi legislative races. Typically, lawmakers go to lobbyists, who line up corporate donors for their campaigns, or corporate donors go to lobbyists who direct them to the candidates they should donate to based on their issues or desired legislation. Eight top state lobbyists did give varying opinions on legislators and campaign money. Some said they and their clients are being pressured to cough up more money for more legislative races and find politicians’ personal spending of the money distasteful. Others said they see no problems. All said they do not believe there is any direct “pay-to-play” setup between making donations and getting legislation passed.
New Mexico – Governor OKs Upgrades to State’s Campaign Finance Reporting System
New MexicoPolitics.net – Heath Haussamen | Published: 2/29/2016
New Mexico Gov. Susana Martinez signed legislation designed to standardize electronic reporting so that filings by candidates, lobbyists, and political committees can be searched, cross-referenced, or downloaded for analysis. The law also will require lobbyists to file regular reports, as candidates already do. Registration fees from lobbyists would be reinvested in maintaining the database.
Wisconsin – With Fewer Members, a Diminished Political Role for Wisconsin Unions
New York Times – Monica Davey | Published: 2/27/2016
Wisconsin Gov. Scott Walker led a push five years ago to cut collective bargaining rights for most public sector workers, saying he needed to solve a state budget gap. Since then, union membership has dropped precipitously. Long a labor stronghold, the state has lost tens of thousands of union members, leaving Wisconsin with a smaller percentage of union members than the national average. The shift has shaken the order of election-year politics. Democrats, who most often have been the beneficiaries of money and ground-level help from the unions, said they were uncertain about what the coming elections would look like, and what forces could take the place of depleted labor groups.
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.
February 26, 2016 •
News You Can Use Digest – February 26, 2016
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 […]
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.
February 19, 2016 •
News You Can Use Digest – February 19, 2016
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 […]
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.
February 12, 2016 •
News You Can Use Digest – February 12, 2016
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 […]
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.
February 5, 2016 •
News You Can Use Digest – February 5, 2016
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 […]
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.
January 29, 2016 •
News You Can Use Digest – January 29, 2016
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. […]
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.
January 22, 2016 •
News You Can Use Digest – January 22, 2016
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. […]
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.
January 15, 2016 •
News You Can Use Digest – January 15, 2016
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 […]
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.
January 8, 2016 •
News You Can Use Digest – January 8, 2016
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 […]
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.
December 23, 2015 •
News You Can Use Digest – December 23, 2015
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 […]
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.
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