July 3, 2015 •
News You Can Use Digest – July 3, 2015
Federal: As Donald Trump Surges in Polls, Democrats Cheer Washington Post – Philip Rucker | Published: 7/1/2015 With the Republican Party on a mission to woo Latino voters, one of its presidential candidates has been enmeshed for two weeks in a […]
Federal:
As Donald Trump Surges in Polls, Democrats Cheer
Washington Post – Philip Rucker | Published: 7/1/2015
With the Republican Party on a mission to woo Latino voters, one of its presidential candidates has been enmeshed for two weeks in a feud over his inflammatory comments about Mexican immigrants. “They’re bringing drugs, they’re bringing crime, they’re rapists,” Donald Trump said in his campaign announcement speech. The comments, and many more since, have prompted an uproar among Latino groups and a series of nasty break-ups between Trump and various corporate partners. His outlandish rhetoric and skill at occupying the national spotlight is also proving to be dangerously toxic for the GOP brand, which remains in the rehabilitation stage after losing the 2012 presidential race.
Bernie Sanders Doesn’t Follow the Money
Politico – Tarini Parti and Jonathan Topaz | Published: 6/28/2015
Working almost exclusively from his website, U.S. Sen. Bernie Sanders has raised about $8 million so far for his presidential campaign with an average donation of around $40. But Sanders, who has been rising fast in recent early-state polls, is missing an opportunity to capitalize on his momentum with a progressive base that has been without a standard-bearer since U.S. Sen. Elizabeth Warren declined to run. “I frankly don’t get the restraint ….,” said Harvard University professor Lawrence Lessig, adding that some think Sanders is ruining his presidential chances by not having a super PAC. Sanders faces the daunting task of finding a way to stay competitive in the Democratic primaries against one of the most potent pair of fundraisers in party history, Bill and Hillary Clinton, who are expected to count their receipts on Hillary’s behalf in the billions of dollars.
From the States and Municipalities:
Arizona – Justices Rule 5-4 That Independent Panels Can Draw Election District Lines
Washington Post – Robert Barnes | Published: 6/29/2015
The U.S. Supreme Court upheld Arizona’s congressional map, declaring the use of an independent redistricting commission that drew House district lines in the 2012 cycle did not violate the Constitution. About a dozen states have experimented with redistricting commissions that have varying degrees of independence from the state Legislatures, which ordinarily draw election maps. Justice Ruth Bader Ginsburg rejected the Arizona Legislature’s contention that it alone has power over redistricting. She said the decision by voters to turn reapportionment over to an independent commission “was in full harmony with the Constitution’s conception of the people as the font of governmental power.”
California – Ex-State Sen. Leland Yee Pleads Guilty to Racketeering in Corruption Case
Los Angeles Times – Lee Romney | Published: 7/1/2015
Former California Sen. Leland Yee pleaded guilty to a racketeering charge in an organized crime and public corruption case. He could face a maximum of 20 years in prison when he is sentenced in October. The FBI arrested Yee and 19 others in 2014 during a series of raids targeting a Bay Area organized crime ring. Yee was accused of soliciting and accepting bribes in exchange for providing help from Sacramento. The FBI also alleged that Yee, who was running for secretary of state at the time, conspired to connect an undercover agent with an international arms dealer in exchange for campaign contributions.
Florida – How Marco Rubio Turned Political Star Power into a Soaring Personal Income
Washington Post – Tom Hamburger and Sean Sullivan | Published: 6/29/2015
During his nine years in Tallahassee, as U.S. Sen. Marco Rubio rose in prominence and ascended to the state House speakership, he became increasingly well-compensated as he walked a narrow line between his work as a lawmaker and an employee of outside firms with interests before the state government. An analysis shows about 80 percent of his total income during his House tenure came from Florida law firms that lobby state and local governments. Rubio’s annual income grew from about $72,000 when he was elected to the state House in 2000 to $414,000 in 2008, when his two-year speakership ended.
Maine – Combative Maine Governor Becomes a Party of One
New York Times – Katherine Seelye | Published: 6/28/2015
In the last few weeks, Maine Gov. Paul LePage’s belligerence has surprised even his critics, and prompted some to raise the specter of impeachment. In a standoff that began with differences over tax policy, LePage has alienated just about the entire Legislature, including his fellow Republicans and onetime allies.
New York – Ex-N.Y. State Senator Gets Seven Years in Prison for Bribery
Albany Times Union – Tom Hays (Associated Press) | Published: 7/1/2015
Former New York Sen. Malcolm Smith will spend seven years in prison for a scheme to bribe his way onto the ballot for the 2013 New York City mayoral election. Smith wanted to be mayor but sought to avoid a Democratic primary. He instead decided to obtain the backing of GOP leaders in three boroughs so he could run as a Republican. Prosecutors said he authorized bribes totaling about $200,000. The five other politicians who were arrested with Smith were convicted or pleaded guilty.
New York – IG: State vendor lavished OMIG director with gifts, booze
Albany Times Union – Brendan Lyons | Published: 6/25/2015
A new report accused Joseph Flora, the former director of the New York Office of Medical Inspector General (OMIG), of improperly accepting gifts – including meals, alcohol, and a $130,000-a-year job offer – from a company that has a multimillion-dollar contract with the state. Health Management Systems (HMS) has had multiple contracts with OMIG since 2006. Flora was forced to retire from his state job in 2014 after a probe of his ties to the company. Separately, as a client of a registered lobbyist throughout the entire time period, HMS was subject to certain prohibitions on giving gifts to public officials. The Joint Commission on Public Ethics announced it had reached a settlement under which HMS would pay a $75,000 penalty.
Ohio – Lobbyist a Constant in Columbus’ Politics
Columbus Dispatch – Mark Ferenchik and Lucas Sullivan | Published: 6/28/2015
Lobbyist John Raphael has been a presence in Columbus, Ohio for almost 40 years. He has been an aide to a state senator and a member of the Columbus City Council, helped run a restaurant that was frequented by politicians, and currently represents eight clients at City Hall. And now he is at the center of a political and legal firestorm. In a plea agreement, former Redflex Chief Executive Officer Karen Finley said she passed money through Raphael and the Ohio Democratic Party to elected officials in Columbus to obtain contracts for red-light cameras. Council President Andrew Ginther, running this year to succeed Mayor Michael Coleman, has been subpoenaed in the matter, as has Coleman.
Oregon – How Much Pot Can Lawmakers Receive as a Gift? Oregon Democrat Has Some Advice
Portland Oregonian – Denis Theriault | Published: 6/30/2015
The Oregon Government Ethics Commission’s handbook for elected officials spells out a lot of rules in its section on gifts, especially when the people giving the gift have a financial interest in that official’s work. But none of those rules cover marijuana, which is legal in Oregon but not nationally. Rep. Ann Liniger offered some advice in an email to colleagues, recommending they know the value of the quantity of marijuana they are offered so as not to violate the $50 limit on gifts. But Lininger also sought to clarify her advice when asked about it by reporters. “My recommendation is that elected officials not accept gifts of cannabis,” said Linder.
Oregon – Kate Brown Signs Final Ethics Reforms, Mentions ‘Chaos and Confusion’ of Kitzhaber’s Last Days
Portland Oregonian – Denis Theriault | Published: 7/1/2015
Oregon Gov. Kate Brown signed the last of three ethics-related bills she requested after Gov. John Kitzhaber resigned amid an influence-peddling scandal. House Bill 2019 expands the Oregon Government Ethics Commission from seven members to nine, while speeding up its timelines for investigating complaints and giving legislative leaders a larger role in appointing its members. House Bill 2020 clarifies that the governor’s partner is a public officials who must join file conflict-of-interest forms. It also raises bans the governor and first partner, and all other statewide elected officials, from accepting speaking fees.
Pennsylvania – Lack of Funding for State Ethics Commission Invites Corruption, Experts Worry
Pittsburgh Tribune-Review – Kari Andren | Published: 6/27/2015
The number of staff members at the Pennsylvania Ethics Commission now stands at 17, down 30 percent from the 24 who once worked there. The commission’s funding topped 2009 levels for the first time this year at just more than $2 million. But this year’s $222,000 increase went to the bare essentials: upgrading outdated computers and software and hiring one investigator, the first hire in six years. Executive Director Rob Caruso said with its funding and staffing levels, the commission cannot fully investigate all of the 400 to 500 sworn complaints filed each year. One expert said Pennsylvania’s lack of funding for its watchdog office invites corruption.
Texas – John Wiley Price Associates Enter Guilty Pleas, Agree to Testify
Dallas Morning News – Kevin Krause and Ed Timms | Published: 6/30/2015
Two people have pleaded guilty in a federal corruption probe of Dallas County Commissioner John Wiley Price, who is accused of accepting nearly $1 million in bribes. Christian Lloyd Campbell was a consultant for Price. Campbell pleaded guilty to conspiracy to commit bribery. Price, who awaits trial on conspiracy and fraud-related counts, allegedly accepted bribes to leak confidential information to help Campbell’s clients win contracts. Gallery owner Karen Manning pleaded guilty to subscribing to a fraudulent income tax return. Prosecutors say Manning sold African art for Price in a scheme to hide his illicit profits.
Virginia – With McAuliffe in Office, Old Friends Find New Opportunities
Lexington Herald-Leader – Alan Suderman (Associated Press) | Published: 6/26/2015
After Gov. Terry McAuliffe took office in early 2014, some of his friends – who had never lobbied in Virginia before – started registering as lobbyists with several companies interested in contracting with the state. Among the companies are technology and health care businesses, including some Medicaid-related firms. McAuliffe has made expanding Medicaid a top priority for his administration. He has so far been blocked by the Republican-controlled General Assembly.
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.
June 26, 2015 •
News You Can Use Digest – June 26, 2015
National: Calls to Drop Confederate Emblems Spread Nationwide New York Times – Campbell Robertson, Monica Davey, and Julie Bosman | Published: 6/23/2015 After decades of bitter debate over whether the Confederate battle flag is a proud symbol of regional heritage or […]
National:
Calls to Drop Confederate Emblems Spread Nationwide
New York Times – Campbell Robertson, Monica Davey, and Julie Bosman | Published: 6/23/2015
After decades of bitter debate over whether the Confederate battle flag is a proud symbol of regional heritage or a shameful emblem of the nation’s most grievous sins, the argument may finally be moving toward an end. South Carolina is leading the way for other states as it considers removing the flag from its Capitol grounds after nine parishioners were shot to death in a black church in Charleston. Photographs that have since surfaced of the accused killer, Dylann Roof, show him posing with the Confederate flag. The banner was long considered politically sacrosanct in the South, at least among conservative whites. It now appears that a rush is on to banish it, along with other images that evoke the Confederacy and sow racial divisiveness.
Can Unlimited Contributions to Political Parties Really Reduce Polarization?
Washington Post – Lee Drutman | Published: 6/23/2015
Ideological polarization has many causes, most of which cannot be altered. But over the past few years, a growing crowd of scholars has explored the possibility that stronger parties could reduce the division. Because different states have different rules on how much money parties can raise, the proposition that making it easier for parties to raise more money reduces polarization can be empirically tested.
Federal:
Lobbyists: Easy target, easy touch
Politico – Tarini Parti | Published: 6/21/2015
In his speech announcing his intention to run for president, Jeb Bush singled out the lobbying industry for criticism, saying, “We will also challenge the culture that has made lobbying the premier growth industry in the nation’s capital – the rest of the country struggles under big government, while comfortable, complacent interest groups in Washington have been thriving on it.” Bush is not alone in calling out the industry. As presidential candidates look to portray themselves as Washington outsiders, lobbyists have emerged as a common, easy target. But lobbying firms still rank high on the list of fundraising stops for presidential hopefuls.
From the States and Municipalities:
Arkansas – Ethics Panel Issues Opinion on Lobbyist Gifts
Arkansas News – John Lyon | Published: 6/19/2015
The Arkansas Ethics Commission issued an advisory opinion stating that state agency directors, agency deputy directors, agency employees, and most local elected officials and their staffs and the staff members of constitutional officers are not barred from accepting gifts from lobbyists under Amendment 94. Gifts that fall outside of the scope of the amendment would still be subject to analysis, the commission said in the opinion, noting the law excludes gifts with a value of $100 or less.
California – Lawmakers’ Calendars List Meetings with Undercover Agents
San Diego Union Tribune – Judy Lin (Associated Press) | Published: 6/23/2015
Providing a rare glimpse at politicians’ lives outside the Capitol, the California Senate released about 300 pages from the calendars of former Sens. Ron Calderon and Leland Yee, who have been indicted on separate corruption charges. The appointment books appear to corroborate allegations that they met with undercover FBI agents at steakhouses and a lobbyist’s office. A judge found in the first ruling of its kind in California that the public’s interest outweighed the Senate’s interest in keeping the records private after news organizations sued to get the lawmakers’ records.
Florida – How Some of Florida’s Top Lobbyists Produce Blockbuster Budget Results
SaintPetersBlog – Peter Schorsch | Published: 6/16/2015
Speculation is part of the budget-making process in Florida as lobbyists and advocates seek funding for projects and programs. Then desperation hangs in the air during the final week of a 60-day session while they wait to see whether a year’s worth of work will result in a line item in the $77 billion state budget. “It’s a different type of animal than any other part of the legislative session, for sure,” said lobbyist Travis Blanton. “You can’t ever relax or take time off with the budget. You’ve got to play through the whole process [because] you don’t know until the moment when they hit the print button that you are in the budget or not.”
Idaho – Lobbying at the Capitol: Should Idaho state employees have to register under the law?
Idaho Statesman – Bill Dentzer | Published: 6/19/2015
State employees who lobby the Idaho Legislature or government officials as part of their jobs – for example, the lobbyists for the state’s universities – always used to register and disclose their spending. But after an attorney general’s opinion found they did not need to, the university lobbyists and other state workers whose jobs entail lobbying stopped filing. Now, Idaho Secretary of State Lawerence Denney wants to propose legislation to make them register and disclose again. He also obtained a new opinion stating that gifts to lawmakers or executive branch officials must be disclosed, even if they come from state employees in the course of doing their jobs.
Kentucky – Florida Group Challenges Kentucky Law That Bans Corporations from Making Political Contributions
Lexington Herald-Leader – Jack Brammer | Published: 6/18/2015
Kentucky’s ban on corporate contributions to political parties and state and local candidates was challenged in a federal lawsuit filed by a group promoting a right-to-work agenda opposed by organized labor. The Florida-based group, Protect My Check Inc., claims the prohibition violates equal protection and free-speech rights. It said the ban is discriminatory because unions and limited liability companies are allowed to donate to candidates and political parties in Kentucky.
Missouri – Police Report Reveals Past Diehl Affair with Nixon Staffer
St. Louis Post-Dispatch – Virginia Young | Published: 6/19/2015
Former Missouri House Speaker John Diehl, who resigned after exchanging sexually suggestive text messages with a Capitol intern, also had affair with a former aide to Gov. Jay Nixon. While announcing his resignation, Diehl said he had not had any other inappropriate relationships with other women. But a Jefferson City police report notes Diehl and former Nixon aide Brittany Burke acknowledged to police they had an affair last year. At the time, Burke was lobbying the Legislature for the administration.
New Mexico – Transparency-Pushing Nonprofit Discloses Donors
NMPolitics – Heath Haussamen | Published: 6/19/2015
The IRS does not require most nonprofits to disclose their donors publicly even if they engage in lobbying or issue advocacy. But Common Cause’s national policy requires that it release information about donors of $250 or more when requested, which is how NMPolitics.net obtained the list of New Mexico donors. Common Cause New Mexico Executive Director Viki Harrison said her organization believes “it is very important to have full transparency in any efforts to influence policy.” She said she hopes additional nonprofit groups will voluntarily disclose their funding, “just like we hope elected officials, parties, lobbyists, and PACs go above and beyond what is simply the law when they disclose information.”
Ohio – Former Traffic Camera Exec Admits to Bribing Officials in Columbus, Cincinnati
Cleveland Plain Dealer – Jeremy Pelzer (Northeast Ohio Media Group) | Published: 6/19/2015
Karen Finley, a former chief executive officer of Redflex Traffic Systems, pleaded guilty to bribery in an eight-year scheme involving elected city officials from both Cincinnati and Columbus to win or keep traffic-camera contracts. Court records show campaign contributions were funneled to the officials through a political consultant, and the money intended for Columbus officials was given to the Franklin County Democratic Party and Ohio Democratic Party, according to the plea agreement. Finley left the company in 2013 following a similar scandal in Chicago.
Oregon – Cannabis Industry Flexes Its New Political Muscle
Oregon Public Broadcasting – Conrad Wilson | Published: 6/21/2015
The 300 attendees at a recent fundraiser in Portland for U.S. Rep. Earl Blumenauer represented a newly energized group – members of the cannabis industry, now in an era where their product is legal for recreational use in Oregon. The Oregon Cannabis PAC hosted the event, which raised $100,000. Its leaders say that is the largest sum ever contributed by the industry to a politician during a single event. As the marijuana industry grows around the county, its political clout is growing, too. For members of Congress who are constantly fundraising, the industry offers new, high-yield donors. But it also raises questions about where the money came from and what those donors expect in return.
Oregon – Kate Brown Gets Her Wish: Last of her ethics reforms win approval
Portland Oregonian – Denis Theriault | Published: 6/18/2015
Oregon lawmakers approved the last of Gov. Kate Brown’s ethics reform bills. House Bill 2019 speeds up investigations by the state Government Ethics Commission and sharply limits the governor’s role in appointing its members. House Bill 2020 affirms that the governor’s partner is subject to state ethics rules and bans statewide officers from accepting speaking fees. Both join Senate Bill 9, which Brown has signed. It orders an audit of state agencies’ handling of public records, with its findings expected to serve as the basis of reforms as soon as next year.
Texas – Abbott Vetoes Spousal Loophole
Texas Tribune – Jay Root | Published: 6/20/2015
Texas Gov. Greg Abbott vetoed two ethics reform bills that would have given lawmakers cover to hide their spouses’ financial dealings. The vetoes capped Abbott’s inability in his first year to strengthen ethics laws as promised. He even named it one of five legislative priorities. Lawmakers fought for months over allowing more transparency about their personal wealth and curbing conflicts-of-interest. Although the vetoed bills would have tightened some disclosure rules, even ethics watchdogs considered what became known as the “spousal loophole” amendment far too toxic.
Washington – Vaping Giveaways Raise Eyebrows at State Capitol
The Olympian – Melissa Santos (Tacoma News Tribune) | Published: 6/24/2015
In a contest promoted by a group that supports stores that sell electronic cigarettes, customers who emailed Washington legislators to oppose new taxes on vapor products were entered into a drawing for prizes. Other shops told customers that if they emailed or called their lawmakers from inside a participating store, they would get a discount on their purchases. It is an unusual type of lobbying that has frustrated some state lawmakers who are looking to regulate the vaping industry. A spokesperson for state Public Disclosure Commission said providing discounts or giveaways in exchange for people contacting their lawmakers is not against the law, it is just something the agency has not seen before.
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.
June 19, 2015 •
News You Can Use Digest – June 19, 2015
Federal: Jeb Bush Announces Presidential Bid: ‘We will take command of our future once again’ Washington Post – Ed O’Keefe | Published: 6/15/2015 Jeb Bush announced he is running for president, promising to remove Washington as an obstacle to effective government […]
Federal:
Jeb Bush Announces Presidential Bid: ‘We will take command of our future once again’
Washington Post – Ed O’Keefe | Published: 6/15/2015
Jeb Bush announced he is running for president, promising to remove Washington as an obstacle to effective government and economic prosperity. Bush is declaring his White House ambitions nearly 27 years after his father was elected president, molding a political dynasty that would propel one son into a governor’s office and another into the White House. But Bush will enter a presidential contest that is unlike any faced by his father, who won the office in 1988, or his brother, who claimed it in 2000.
Neil Young Message to Donald Trump: Stop rockin’
Christian Science Monitor – Jessica Mendoza | Published: 6/17/2015
Donald Trump announced his presidential candidacy to the sound of Neil Young’s “Rockin’ in the Free World,” but Trump did not have permission to use the song, said Elliot Roberts, Young’s manager. The incident makes the real estate developer the latest candidate to butt heads with a musician about song copyright in a campaign. A spokesperson said Trump, a fan of Young’s music despite their differing views, used the song legally through a licensing deal with the American Society of Composers, Authors, and Publishers. But even when a campaign does get copyright permission, artists can still object to the use of their music under other laws that protect their brand or image, or ban implications of endorsement.
Republican Operative Sentenced to 2 Years in Landmark Election Case
Washington Post – Matt Zapotosky and Matea Gold | Published: 6/12/2015
A Republican political operative was sentenced to two years in prison after becoming the first person convicted of illegally coordinating campaign donations between a super PAC and a congressional campaign. Tyler Harber said he knew what he was doing was wrong, but he did it anyway because of his desire to win elections and his belief that the law banning such coordination is routinely ignored. “This shows [the U.S. Justice Department is] willing to venture into areas of criminal enforcement in the 2016 election, beyond what they had done previously,” said Kenneth Gross, a former associate general counsel at the FEC.
Russ Feingold’s PAC Funded Fees, Salaries for Former Staffers, Himself
Milwaukee Journal-Sentinel – Daniel Bice | Published: 6/15/2015
Former U.S. Sen. Russ Feingold, co-author of the Bipartisan Campaign Reform Act, founded a PAC that has given only five percent of its funds to candidates and political parties. Instead, nearly half of the $7.1 million that Progressives United PAC has spent since 2011 has gone to raising more money for itself. The data also show the group has paid another sizable portion of money on salaries or consulting fees for Feingold, his top aide, and former staffers. Feingold is taking on U.S. Sen. Ron Johnson in 2016 to try to win back his old seat.
From the States and Municipalities:
Illinois – $2M Rauner Donor’s Company Does Business with State, Has Exceeded $50K Limit Past 4 Years
State Journal-Register – Bernard Schoenburg | Published: 6/13/2015
Richard Uihlein, chief executive officer of Uline, a packaging supply company, gave $2 million to Illinois Gov. Bruce Rauner’s campaign fund in December. Uihlein’s wife, Elizabeth, is president of the firm, and she donated $25,000 to Rauner in October. The company has done more than $50,000 in business with the state in each of the last four years, which means the contributions may have violated state campaign finance law.
Kentucky – John Schaaf to Head Kentucky Legislative Ethics Commission
Connecticut Post; Associated Press – | Published: 6/16/2015
The Kentucky Legislative Ethics Commission named current general counsel John Schaaf as its new executive director effective August 1. Schaaf has worked as the commission’s lawyer since 2004, following 16 years as general counsel of the Legislative Research Commission. He helped craft legislation in 1992 that paved the way for ethics reform in the state.
Massachusetts – Lobbyists Were Quick to Donate to Both Baker, Coakley
WCVB; Associated Press – | Published: 6/13/2015
Lobbyists hedged their bets during the 2014 Massachusetts gubernatorial race, often giving to both Charlie Baker and Martha Coakley. The strategy of contributing to multiple candidates in the same race is not new, according to Pam Wilmot, executive director of Massachusetts Common Cause. “Lobbyists give because they want access – that means access to whoever is elected and the best way to ensure that is to give to both candidates,” Wilmot said.
New York – Education Reforms Spur N.Y. Lobbying ‘Arms Race’
USA Today – Jon Campbell (Gannett Newspapers) | Published: 6/14/2015
Various education interests have spent at least $124 million trying to influence New York lawmakers, officials, and the general public at the state and local level since the start of 2006, including a record of at least $16 million last year. That is in addition to $45.3 million in lobbying expenses reported by the New York State United Teachers union and its New York City affiliate over the past nine years. They are tallied as labor organizations, not education groups, by the state’s lobbying regulator. Add in political spending and the numbers are starker: Education interests and teachers unions have spent $285.5 million on lobbying, campaign contributions, and independent political expenditures over the past decade.
Pennsylvania – Fifth Former LCB Official Accused of Violating State Ethics Laws
Pittsbugh Tribune-Review – Kari Andren | Published: 6/12/2015
A former state Liquor Control Board (LCB) executive was fined for illegally accepting gifts. The Pennsylvania Ethics Commission ordered Timothy Fringer to pay $7,200. The commission said Fringer, the board’s former chief of product management and pricing, accepted gifts from vendors such as meals, golf outings, and tickets to sporting events. Fringer told investigators he was instructed to accept the gifts by Jim Short, the LCB’s former marketing director, and as long as no one complained, “it’s like it never happened.” Short and three other officials in 2014 were fined for a variety of violations stemming from gifts they received from vendors.
Pennsylvania – Some Critical That Officials Caught in Sting Keep State Pensions
Philadelphia Inquirer – Craig McCoy and Angela Couloumbis | Published: 6/13/2015
By pleading guilty to violating the state’s conflict-of-interest law, four defendants in a Pennsylvania corruption case are now disgraced. The two legislators in office at the time of their plea had to resign immediately, as required by the state constitution. But former Philadelphia Traffic Court President Judge Thomasine Tynes and the former lawmakers – Michelle Brownlee, Harold James, and Ronald Waters – did not get hit with prison time or have to forfeit their annual government pensions, estimated at $54,000 to $85,000. To critics, the deals seem unduly lenient, especially the failure to go after their taxpayer-financed retirement checks.
Utah – Ex-A.G. Mark Shurtleff Defers Evidence Hearing; Prosecutors Amend Charges
Deseret News – Dennis Romboy | Published: 6/15/2015
Prosecutors amended charges against former Utah Attorney General Mark Shurtleff, dropping three bribery counts his lawyer insists were the foundation of allegations that the state’s former top lawyer had operated a “pay-to-play” scheme while in office. Prosecutors say Shurtleff accepted money and gifts like beach vacations and the use of luxury homes and boats while he was attorney general. Seven charges remain against Shurtleff, including accepting improper gifts, obstruction of justice, and a count alleging he tried to bribe a victim to derail an investigation. It appears that prosecutors are tailoring the charges to the evidence, not necessarily scaling back the case, said former prosecutor Kent Morgan. The charge of accepting improper gifts is generally simpler to prove at trial than bribery.
Washington – Lawmakers’ Watchdog Asks for Money
Tacoma News Tribune – Jerry Cornfield | Published: 6/15/2015
The interim executive director of the Washington Public Disclosure Commission (PDC) has been asking lawmakers for more money in the next state budget to help deal with a backlog of enforcement cases. Under the Senate budget proposal, the job of general counsel would be eliminated and a portion of the savings used to hire a contract lawyer. Also, the Senate approach would axe one position handling requests from the public and another one dealing with the agency’s website and campaign finance database. “This work is important; it is part of that entire ecosystem of good government,” said Fred Kiga, who took over at PDC on June 1.
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.
June 12, 2015 •
News You Can Use Digest – June 12, 2015
National: Eyeing 2016, G.O.P Embraces Digital Strategies, but Doubts Persist New York Times – Ashley Parker | Published: 6/10/2015 With the 2016 campaign already underway, Republicans are eager to show they have learned the lessons of past election cycles and are […]
National:
Eyeing 2016, G.O.P Embraces Digital Strategies, but Doubts Persist
New York Times – Ashley Parker | Published: 6/10/2015
With the 2016 campaign already underway, Republicans are eager to show they have learned the lessons of past election cycles and are placing a premium on hiring top people to handle digital strategy and tactics. This type of work – often described in political circles as digital, data, and analytics – encompasses many areas, from building email systems for small-dollar fundraising to generating buzz on social media to analyzing data to help direct ads at specific groups of voters. But their immediate problem is slightly more low-tech: the basics of supply and demand. “Shopping around for a digital data firm was already difficult, and when you’re one of 20 possible candidates in a party that has yet to establish its own expertise in this area, it’s even harder,” said Sasha Issenberg, the author of “The Victory lab: The Secret Science of Winning Campaigns.”
Federal:
Kevin McCarthy’s Flair for Fundraising Fuels His Swift Rise to Power in House
Los Angeles Times – Noah Bierman and Evan Halper | Published: 6/5/2015
U.S. Rep. Kevin McCarthy, the new House majority leader, commands a multimillion-dollar political operation featuring lavish meals, opulent getaways with lobbyists, and privately chartered aircraft. In the two years leading up to last fall’s election, McCarthy, through his re-election campaign and leadership PAC, spent $140,000 on steakhouses alone. He paid $426,000 to companies that charter private jets, covering 46 trips. And he raised at least $10.5 million for his own and party political committees. That spending and fundraising have fueled one of the fastest rises to power in congressional history.
Senator Would Limit Lobbyist Money That Fueled Liberal Allies
Center for Public Integrity – Carrie Levine and Michael Beckel | Published: 6/4/2015
U.S. Sen. Michael Bennet introduced the Lobbying and Campaign Finance Reform Act, a bill that would, among other things, change the way registered lobbyists can support campaigns and also tweak the requirements for who must register as a lobbyist. This latter change would be accomplished by nixing the 20 percent rule, which says that only people who spend more than 20 percent of their time on lobbying activities must register as lobbyists. This has allowed many lobbyists to avoid registration, which can obscure lobbying activity from the public. The bill would also ban registered lobbyists from bundling campaign contributions and keep members of Congress from asking lobbyists for financial support while Congress is in session. Bennet introduced the same bill in 2014, but it never got out of committee.
Shaun McCutcheon Blew Up Campaign-Finance Law and Became a GOP Hero. Then He Set His Sights on Paris Hilton.
Washingtonian Magazine – Luke Mullins | Published: 6/7/2015
A few years ago, Scott McCutcheon was running his own engineering firm near Birmingham, Alabama, and leading a fairly anonymous life. He had, however, begun writing checks to benefit Republican candidates across the country. Before long, his ambitions for a more conservative America collided with the complex world of campaign finance, including the law that capped how much money an individual can donate. The Supreme Court in McCutcheon v. FEC ruled the limits were unconstitutional restrictions on free speech. McCutcheon now travels the country telling his story and has been on television programs such as Meet the Press. And his victory has gotten him invited to a lot of parties, hobnobbing with Republican politicians, as well as celebrities like Paris Hilton.
Two FEC Officials Implore Agency to Curb 2016 Election Abuse
USA Today – Fredreka Schouten | Published: 6/8/2015
FEC Chairperson Ann Ravel and Commissioner Ellen Weintraub are filing a formal petition, urging their own agency to write rules to clamp down on political spending and unmask the anonymous money in elections. FEC petitions of this kind typically are made by outsiders – organizations or individuals trying to spur the nation’s election regulators take up some matter. Ravel said no sitting commissioner has ever filed such a petition in the agency’s 40-year history. The six-member commission is locked in partisan gridlock, however, often deadlocking on major cases. The action will not force the FEC to start writing rules, but such petitions typically trigger an opportunity for public comment.
Why So Many Women Are Raising Money for Hillary Clinton
Washington Post – Matea Gold | Published: 6/7/2015
Energized by the prospect of helping Hillary Clinton make history, many women are activating their personal networks for the first time to pool contributions for her presidential campaign, helping Clinton tap into new sources of cash as she assembles what is expected to be a more-than-$1 billion operation. Their efforts come ahead of the public launch of a formal program by the campaign to organize female fundraisers. Analea Patterson, a lawyer in Sacramento, said she decided to take on the project after her eight-year-old daughter asked her why there has never been a female president. “I didn’t have a good answer – I have two daughters, and I want them to grow up in a world where they don’t see barriers for women,” said Patterson.
From the States and Municipalities:
Alabama – Legislation Puts More Enforcement in Campaign Finance Reporting Laws
Decatur Daily – Mary Sell | Published: 6/9/2015
Senate Bill 241, which was sent to Alabama Gov. Robert Bentley for his signature, amends current law to clarify when campaign contributions are received and expenditures are made. Under the legislation, a donation must be reported either within 10 days after a check is received or at the time of deposit, whichever is earlier. Expenditures are made the day they are authorized. The bill also gives the state Ethics Commission the power to interpret and enforce campaign finance laws, issue advisory opinions, issue penalties for inaccurate reports, and hear appeals of penalties levied by the secretary of state or local probate office.
California – Businesses with Stake in California Politics Utilize Capitol Grounds
Sacramento Bee – Jeremy White | Published: 6/7/2015
Advocacy outside the Capitol building is part of the daily rhythm of California politics. On any given day, interest groups organize rallies on the steps or lawn to promote or condemn bills, often with legislators urging participants on. By contrast, corporate-sponsored events are often free of any explicit legislative focus. But the vents do offer increased visibility and exposure to policymakers and their staff. Any such occasion serves a dual purpose, said political consultant Steven Maviglio. “It’s always the carrot-and-stick approach: the lobbyists do the heavy lifting inside the building, and the soft and cuddly stuff is on the outside,” Maviglio said.
Hawaii – Contractor Campaign Contributions Raise Concerns of Corruption
Honolulu Civil Beat – Nick Grube | Published: 6/10/2015
The Ninth U.S. Circuit Court of Appeals upheld the Hawaii law that bans government contractors from donating to candidates. But the state cannot block individuals from contributing to campaigns, even if they own a company that has ongoing contracts with state and local governments. The same rule applies to top executives, employees, and family members of government contractors. Hawaii Campaign Spending Commission Executive Director Kristin Izumi-Nitao said such contributions are lawful as long as they are within legal limits and the money does not come directly from the company’s treasury, such as through a reimbursement or end-of-year bonus. “That’s why you see a lot of these business owners giving from their own pocket,” Izumi-Nitao said.
Hawaii – Ethics Director Survives Political Challenge
Honolulu Civil Beat – Ian Lind | Published: 6/10/2015
The Hawaii Ethics Commission took no action against Les Kondo, the panel’s executive director, after completing an evaluation of his job performance stemming from recent criticism that his office has overstepped its bounds in enforcing ethics rules. After three-and-a-half hours behind closed doors in executive session, the commission emerged to announce it had completed its evaluation and that further reviews would be conducted in the future as situations arise.
Massachusetts – Baker, State GOP’s Use of Federal Funds Questioned
Boston Globe – Frank Phillips | Published: 5/8/2015
Since Massachusetts Gov. Charlie Baker took office in January, his campaign committee has used the state Republican Party’s staff and its headquarters to solicit, collect, and organize donations at events to bulk up his depleted political account, according to several party officials and others involved in the fundraising for the governor. This is despite a 1998 Massachusetts law banning the use of federal funds for state political activities. Watchdogs say the practice of using federal funds is contrary to the statute’s purpose of ensuring only money raised and disclosed according to state laws is used to influence state elections.
New York – Carl Heastie’s Campaign Spending Blurs Line between Political and Personal
New York Times – Russ Buettner | Published: 6/8/2015
New York Assemblyperson Carl Heastie’s campaign spending received little attention during his first 14 years in office. But in February, he became speaker, one of the most powerful positions in state government. Heastie pledged to enact ethics reform, but a review of his campaign disclosure records suggests he has frequently used political donations to burnish his lifestyle. In addition to keeping his car in good repair, his campaign money has been used to cover expensive restaurant and nightclub bills, evenings in a karaoke bar with his staff, and tickets to football games. State law prohibits the use of campaign funds for personal purposes. A Heastie spokesperson said the speaker had always followed the applicable laws and all of the spending in question was for legitimate political purposes.
Pennsylvania – Fourth Defendant in Sting Case Pleads Guilty
Philadelphia Inquirer – Angela Couloumbis and Craig McCoy | Published: 6/8/2015
Pennsylvania Rep. Michelle Brownlee pleaded guilty to accepting money from an undercover informant who videotaped the conversations in a bribery-related probe. Brownlee, of Philadelphia, became the fourth official to admit to taking money or gifts in return for official acts in the investigation. She pleaded guilty to a conflict-of-interest charge, was sentenced to 18 months of probation, and agreed to resign her House seat. Brownlee admitted to accepting $2,000 wrapped in a napkin while providing the informant posing as a lobbyist special access to her office.
Rhode Island – Ex-RI House Speaker Fox Gets 3 Years in Prison
Providence Journal – Katie Mulvaney | Published: 6/11/2015
Former Rhode Island House Speaker Gordon Fox was sentenced to three years in federal prison on charges of bribery, wire fraud, and filing a false tax return. The judge also ordered him to pay $109,000 in restitution. Fox was accused of taking $52,000 bribe to help grant a liquor license to Shark Sushi Bar and Grill while he a member of the Providence Board of Licenses. He was also accused of using campaign funds to pay for personal expenses such as his mortgage, car loan payments, and American Express payments for purchases at stores such as Tiffany’s and Urban Outfitters.
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.
June 5, 2015 •
News You Can Use Digest – June 5, 2015
National: Poll Shows Americans Favor an Overhaul of Campaign Financing New York Times – Nicholas Confessore and Megan Thee-Brenan | Published: 6/2/2015 A new poll showed both Democrats and Republicans favor an overhaul of campaign finance laws, including limiting the amount […]
National:
Poll Shows Americans Favor an Overhaul of Campaign Financing
New York Times – Nicholas Confessore and Megan Thee-Brenan | Published: 6/2/2015
A new poll showed both Democrats and Republicans favor an overhaul of campaign finance laws, including limiting the amount of money that can be spent by super PACs and forcing more public disclosure on organizations now permitted to intervene in elections without disclosing the names of their donors. A majority also reject the argument that political money is a form of speech protected by the First Amendment. More than four in five Americans say money plays too great a role in campaigns, while two-thirds say the wealthy have more of a chance to influence the elections process than the average citizen.
The Murky (and Apparently Widespread) Use of License Plates as Political Favors
Washington Post – Amber Phillips | Published: 6/2/2015
In several states, low-number license plates – the less numerals, the better – are a way to show off someone’s political connections. That is because you cannot just walk into a Departments of Motor Vehicles and request one; you have to know someone to give you the plate. Then-New Hampshire Gov. John Sununu credits his distribution of the desirable license plates with helping George H.W. Bush win the state in a competitive 1988 Republican primary.
Federal:
Dennis Hastert’s Lobbying Firm Reeling after Indictment
Politico – Tarini Parti and Anna Palmer | Published: 6/4/2015
Former U.S. House Speaker J. Dennis Hastert resigned his job as co-leader of Dickstein Shapiro’s public policy and political law practice in the wake of his indictment for lying to federal investigators about structured cash withdrawals to an individual “in order to compensate for and conceal his prior misconduct.” Dickstein Shapiro is already scrambling to rebuild amid a client exodus, tumbling lobbying revenue, and high-profile departures. Some expressed doubts about the firm’s ability to right the ship. “It is going to make clients scratch their heads how does this kind of stuff, particularly at a law firm, go unnoticed and unchecked,” said a managing partner at a Washington law firm. “They’ve already lost a significant number of partners, and now they have a failing management structure allowing allegedly criminal activity under its nose ….”
Payments by Hastert Linked to Report of Sexual Abuse
New York Times – Michael Shear and Michael Schmidt | Published: 5/28/2015
Former U.S. House Speaker J. Dennis Hastert was paying a man to not say publicly that Hastert had sexually abused him, according to sources briefed on the evidence uncovered in an FBI investigation into the payments. Federal prosecutors indicted Hastert on allegations he made cash withdrawals designed to hide those payments and for lying to federal authorities about the purpose of the withdrawals. The man, who was not identified in court papers, told the FBI he had been molested by Hastert when Hastert was a high school teacher and wrestling coach.
From the States and Municipalities:
Alaska – Juneau APOC Office Skeletal after Cuts
Peninsula Chronicle – Katie Moritz (Morris News Service) | Published: 6/1/2015
The Juneau office of the Alaska Public Offices Commission (APOC), which is responsible for holding the state’s approximately 135 lobbyists financially accountable, took a crippling budget hit from lawmakers when it was dealt a cut that eliminated both existing full-time positions. When the new fiscal year begins, the current part-time assistant will become the one full-time employee in the office. Leslie Ridle, deputy commissioner of the Department of Administration, said she does not think one staff member in Juneau and seven staff statewide is enough to handle APOC’s workload or uphold its mission.
California – Law Students Propose Bill to Close Lucrative Capitol Lobbying Loophole
Los Angeles Times – Melanie Mason | Published: 6/2/2015
Three law students have sponsored a bill that would designate as lobbying the act of communicating with government officials in hopes of influencing how they spend taxpayers’ money on goods and services, and require lobbyists to publicly disclose that activity. Assembly Bill 1200 would cast sunlight into an opaque and lucrative corner of lobbying. The students did research, drafted bill language, and shopped for a legislator to carry their proposal.California Assemblyperson Richard Gordon became its official author. “When the students came to me and said, ‘do you realize there is this loophole that allows folks to lobby relative to contracting?’ I said you’ve got to be kidding me,” Gordon said.
Colorado – High-Powered Attorneys, Lobbyists Give Big to Denver Candidates
Denver Post – Jon Murray | Published: 5/31/2015
A Denver Post analysis of $4.1 million given to candidates in the run-up to Denver’s municipal elections found at least $290,000 came from attorneys and lobbyists. Another $159,000 was donated by individuals involved in development or real estate. That industry is booming in Denver but has been at the center of one of the election’s biggest issues – the pace of development. Unions, city contractors, and business associations also contributed heavily to candidates. Watchdogs say such hefty direct donations from big interests point to a need for tighter contribution limits in Denver, or some kind of public financing that might amplify the impact of contributions from small donors.
Connecticut – Senate Democrats Reject Campaign Finance Overhaul
Hartford Courant – Jenny Wilson | Published: 6/2/2015
The Connecticut Senate rejected a House-approved bill that would have imposed limits on how much state parties can spend to support a publicly funded campaign. The legislation also would have reduced the maximum contribution that individuals could give to state parties to $5,000. The measure was a direct response to the state Democratic Party spending over $1 million last year to support the campaigns of Sen. Ted Kennedy, Jr. and Gov. Dannel Malloy, who were both participating in the Citizen’s Election Program.
Hawaii – Antiquated Law Spares Lobbyists in Honolulu Ethics Scandal
Honolulu Civil Beat – Nick Grube | Published: 6/1/2015
Nestor Garcia, a former Honolulu City Council member, agreed to pay an $8,100 fine after the Ethics Commission found evidence he illegally accepted free meals and golf from lobbyists. The commission said Garcia failed to disclose a conflict-of-interest on a number of bills and resolutions that affected the lobbyists’ interests. But amid the growing scandal, lobbyists have come out relatively unscathed. There has been little scrutiny of their actions, and it is doubtful there will be any punitive action taken against them. Honolulu Ethics Commission Executive Director Chuck Totto would like to update the ethics code on lobbyist gift-giving, but does not have the staff to the handle that extra workload.
New York – How Lobbying in Albany Works
New Yorker – Chris Smith | Published: 5/28/2015
With the recent indictments of the leaders of the New York Assembly and Senate, lobbyists could have even more influence in shaping public policy. But lobbyists usually try to stay under the radar, so their day-to-day activities are often unclear. In an interview, a prominent lobbyist in Albany gave an inside view of his profession.
Pennsylvania – City Council Gives Initial Thumbs Up to New Rules on Independent PACs
KYW – Mike Dunn | Published: 5/29/2015
A Philadelphia City Council committee approved a bill authored by the city’s Board of Ethics that would impose new reporting requirements on independent PACs and non-profits that spend money in support of a candidate. The legislation would affect any person, political committee, or non-profit that spends more than $5,000 within 50 days of an election. They would face four reporting deadlines within the 50 day pre-election period, and they would have to list all funding received and expenditures made, not just the spending that triggered the filing.
Pennsylvania – Two More Dems Plead Guilty in Sting Case
Philadelphia Inquirer – Angela Couloumbis and Craig McCoy | Published: 6/1/2015
A state lawmaker and an ex-representative, both Philadelphia Democrats, pleaded guilty to criminal charges stemming from a bribery scandal. Rep. Ron Waters pleaded guilty to nine conflict-of-interest counts. He resigned his seat and will serve 23 months on probation. Former Rep. Harold James pleaded guilty to a single count of conflict-of-interest and received 12 months of probation. The cases were built on secret recordings by an informant posing as a lobbyist, who offered cash or gifts in exchange for promises of official favors. The investigation had been a secret until it was reported that Pennsylvania Attorney General Kathleen Kane had decided against pursuing it. Kane inherited the case from her predecessors and she attacked it as too fatally flawed to win convictions.
Texas – Overhaul of Scandal-Torn State-Contracting System Wins Final Approval
Fort Worth Star-Telegram – Dave Montgomery | Published: 6/1/2015
Texas lawmakers approved a bill aimed at increasing transparency and accountability in state contracts. The legislation prohibits conflicts-of-interest between agency heads and vendors, strengthens top-level supervision in the awarding of contracts, and increases scrutiny of vendor performance in carrying out the contracts. Agencies would also be required to post on their websites any noncompetitively bid contract along with the statutory justification for why it was awarded. The bill would require an agency board to approve any contract over $1 million.
Vermont – Condos Pitches Ethics Commission in Wake of Impropriety Allegations
VTDigger.org – Anne Galloway | Published: 6/3/2015
Vermont Secretary of State Jim Condos is calling for the establishment of a state ethics commission. The Center for Public Integrity in 2012 gave Vermont an overall grade of “D+” for its ethics laws. It was “in large part because we do not have an authoritative ethics commission or the required financial disclosures existing in nearly every other state,” Condos wrote in his proposal. He said his office has no authority to investigate or enforce against such problems, and the people complaining often ended up feeling frustrated and increasingly cynical.
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.
May 29, 2015 •
News You Can Use Digest – May 29, 2015
National: Meet the ‘Dark Money’ Phantom Center for Public Integrity – Carrie Levine | Published: 5/26/2015 David Langdon is a behind-the-scenes player among the small army of lawyers working to keep secret the origins of millions of dollars flowing to candidates. […]
National:
Meet the ‘Dark Money’ Phantom
Center for Public Integrity – Carrie Levine | Published: 5/26/2015
David Langdon is a behind-the-scenes player among the small army of lawyers working to keep secret the origins of millions of dollars flowing to candidates. Langdon is also a legal soldier for conservative, often Christian, nonprofit organizations that together spend millions more to influence public policy and wield great influence among evangelical voters. Since the 2010 election cycle, at least 11 groups connected to Langdon or his firm have collectively spent at least $22 million on federal and state elections and ballot initiatives around the country.
Should We Pay Politicians More?
Politico – Kevin Hartnett | Published: 5/27/2015
The prime minister of Singapore, Lee Hsien Loong, makes $1.7 million a year, more than four times as much as the next highest paid national executive – Barack Obama, who earns $400,000 a year. In Singapore, the salaries are seen as an anti-corruption measure. In the U.S., the idea of paying elected officials like corporate chief executives is politically unthinkable. But Renee Bowen, an economist at Stanford, and Cecilia Mo, a political scientist at Vanderbilt, used a game-theory model to argue that when elected representatives are paid more, they are more invested in keeping their jobs, and more likely to pursue citizen-friendly policies.
Federal:
FEC Deadlocks on Wealthy Donor Giving Limits
Washington Times – Tom Howell, Jr. | Published: 5/21/2015
The FEC deadlocked on a proposal to write new rules in the wake of the U.S. Supreme Court’s McCutcheon decision last year that struck down aggregate campaign finance limits, freeing wealthy Americans to contribute money to as many candidates and political parties as they want. Democrats on the FEC signaled they had been chastened by another effort last year to impose campaign finance rules on Internet videos, after 5,000 comments poured in to commissioners telling them to lay off Internet speech as they considered post-McCutcheon rules.
K Street’s Gains Felt at Boutique Firms, Too
The Hill – Megan Wilson | Published: 5/27/2015
The surge in business on K Street during the first months of 2015 was not limited to Washington’s biggest lobby shops as many smaller lobby and law firms also saw gains. Smaller firms have long decried the standard practice of evaluating Washington’s top shops by earnings alone, arguing it puts them at a disadvantage by appearing to not keep up with their much larger counterparts. When looking at the figures posted by K Street for the first three months of the year, analysts instead ranked industry players on year-over-year increases in total and average per-client revenue, fees per lobbyist, and client retention rates.
Supreme Court to Weigh Meaning of ‘One Person One Vote’
New York Times – Adam Liptak | Published: 5/26/2015
The U.S. Supreme Court said it will decide an important “one person, one vote” case next term to determine whether states should consider total population – or only eligible voters – when drawing roughly equal legislative districts. A shift from using total population would have an enormous impact in states with large immigrant populations, where greater numbers are children or noncitizens. It would shift power from urban areas to more rural districts. The Supreme Court in 1964 ruled states must divide electoral districts population-wise so that political power is equally shared. But it did not specify whether total population or eligible voters was the standard to use.
From the States and Municipalities:
Arizona – Phone Records Show Close Contact between Regulator, APS and ‘Dark Money’
Arizona Republic – Ryan Randazzo | Published: 5/21/2015
Debates over solar energy, and a flood of money from non-profit groups into the campaigns for those who sought to regulate utilities, marked the 2014 Arizona Corporation Commission election. During that time, commission Chairperson Bob Stump sent more than 50 private text messages to an Arizona Public Service Co. (APS) executive and 46 to a political “dark money” organizer, according to a non-profit investigating the commission. Critics say regulators should not have such close contact with the utilities they oversee, and the utilities should not be participating in political campaigns, which could violate election laws and rules that prevent elected officials from campaigning with public resources. APS is widely believed to have contributed to groups that supported two Republicans in the Corporation Commission race, but utility officials will neither confirm nor deny such contributions.
Hawaii – Under Fire: Hawaii ethics director defends his strict ethical views
Honolulu Civil Beat – Ian Lind | Published: 5/27/2015
The Hawaii Ethics Commission is evaluating its executive director, Les Kondo, following complaints that he was going too far with ethics rules. House Speaker Joseph Souki sent a letter to the commission complaining about its “recent attempts to prohibit common and regular practices,” including receiving gifts, meals, and charitable fundraiser tickets of a certain value. Teachers also have been upset about a recommendation that educators who organize and chaperone educational trips should not get a free ride from tour companies. “It’s not my job to tell people what they want to hear or let them do what they want to do; it’s my job to do what’s right, not what’s popular,” Kondo told his colleagues.
Missouri – Lawmakers Fail to Ramp up Ethics Laws for Missouri Officials
Columbia Missourian – Summer Ballentine (Associated Press) | Published: 5/24/2015
Despite months of discussions and assurances from legislative leaders who said this year would be different, ethics reform fell apart in the last few weeks of the session. That means Missouri for at least another year will remain the only state with the trio of unlimited campaign contributions, uncapped lobbyist gifts, and no laws preventing legislators from leaving office and immediately becoming lobbyists. Lawmakers’ failure to pass ethics bills comes as the Capitol is under increased scrutiny after the House ended the legislative session in scandal. Former House Speaker John Diehl admitted to exchanging sexually suggestive text messages with a 19-year-old Capitol intern and resigned the last day of the session.
Montana – Court Reverses Ruling on Montana Campaign Contribution Limits
The Missoulian – Matt Volz (Associated Press) | Published: 5/26/2015
The Ninth U.S. Circuit Court of Appeals invoked the Supreme Court’s Citizen United decision to raise the bar for states to justify limiting campaign donations. States can limit contributions if they have a legitimate interest in doing so. But proving that interest has changed since the Citizens United decision that said corporations can spend unlimited amounts in elections, said the three-judge panel. Before Citizens United, states only had to show they aimed to curb the influence of big money on politicians. After Citizens United, states must show more specifically that their laws are stopping an exchange of money for political favors, according to the opinion. The ruling by the Ninth Circuit was made in a case that challenged Montana’s contribution limits as violating donors’ rights to free speech.
New York – JCOPE’s New Guidance, or: You might be a lobbyist if …
Albany Times Union – Chris Bragg | Published: 5/27/2015
Proposed rules issued by the Joint Commission on Public Ethics said political consultants who take certain actions related to lobbying efforts must register, even if they do not directly ask lawmakers or agencies to act on bills or regulations. That could force firms that currently enjoy close relationships with New York lawmakers, and which simultaneously have clients with interests before those legislators, to start disclosing more interactions with them. Another provision directs firms who control the message and content of grassroots lobbying campaigns to register as lobbyists.
Oregon – Forget Fines – Oregon Prefers Warnings for Public Officials Guilty of Ethics Violations
Portland Oregonian – Nick Budnick and Laura Gunderson | Published: 5/26/2015
The Portland Oregonian found the state ethics commission has deliberately lightened up on those accused of abusing their public positions. The Oregon Government Ethics Commission has negotiated reduced penalties for every case it has handled involving a public official since 2008. “The commission is not one where we stand there looking to punish someone,” said Chairperson Kenny Montoya. Ron Bersin, the agency’s executive director, said the commission relies on education and training to keep public officials honest, but the panel hammers errant public officials when it is justified.
Tennessee – Ethics Panel Fading to Obscurity 10 Years after Tenn. Waltz
Albany Times Union – Erik Schelzig (Associated Press) | Published: 5/25/2015
May 26 marked the 10th anniversary of the arrest of five former lawmakers in the FBI’s sting operation called “Tennessee Waltz.” The case involved a scheme by state lawmakers to collect money in exchange for shepherding through bills on behalf of E-Cycle Management, which was an FBI front company. Following the scandal, lawmakers were spurred into trying to improve transparency and ethics in the statehouse. A decade later, most of those efforts have faded.
Texas – House Passes Ethics Bill, Senate Showdown Likely
Texas Tribune – Jay Root | Published: 5/26/2015
The Texas House approved an ethics bill that would force disclosure of “dark money” in campaigns. The legislation would also lower the amount lobbyists can spend to entertain state officials without disclosing the names of the politicians. But the House turned down an amendment to close a loophole that allows lobbyists to easily evade that disclosure by teaming up with other lobbyists to spend far more than the current $114, lowered to $50 in the House bill. The measure faces a showdown with the Senate over the details of their competing versions.
Vermont – Legislative Wrap: Lobbyist disclosure tops transparency effort
VTDigger.org – Erin Mansfield | Published: 5/22/2015
Vermont Gov. Peter Shumlin is expected to sign Senate Bill 93, which increases the number of times per year that lobbyists and their employers must file expenditure reports from three to seven. Lobbyists are already required to register with the secretary of state’s office, but they only need to report spending once during the legislative session – April 25, when the session is almost over. The new law would require monthly reporting while lawmakers are in Montpelier. The bill also requires lobbying groups to disclose the name of the organization in ads and file a report within 48 hours of running an advertising campaign worth $1,000 or more.
Virginia – Conservative Group Paying Ken Cuccinelli’s Campaign
Washington Post – Rachel Weiner | Published: 5/26/2015
Former Virginia Attorney General Ken Cuccinelli won a legal victory against a conservative PAC he accused of duping campaign donors. Cuccinelli and the Conservative StrikeForce PAC reached a settlement that will prohibit the PAC from using a candidate’s name for future fundraising efforts against the candidate’s wishes. The PAC also agreed to pay Cuccinelli’s failed gubernatorial campaign $85,000 and give it exclusive rights to the PAC’s direct mail and email donor lists. Cuccinelli said the PAC used his name without his permission to mislead “thousands of innocent Americans” who thought they were helping his campaign.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
May 22, 2015 •
News You Can Use Digest – May 22,2015
National: Albany Corruption Inquiry Hurts Arizona Company That Hired Dean Skelos’s Son New York Times – Susanne Craig | Published: 5/18/2015 Dean Skelos, then the leader of the New York Senate, and his son, Adam, were arrested on extortion, fraud, and […]
National:
Albany Corruption Inquiry Hurts Arizona Company That Hired Dean Skelos’s Son
New York Times – Susanne Craig | Published: 5/18/2015
Dean Skelos, then the leader of the New York Senate, and his son, Adam, were arrested on extortion, fraud, and bribe solicitation charges recently. The company at the center of the scandal is AbTech Industries, a small environmental firm based in Arizona. Prosecutors say AbTech hired Adam Skelos to gain influence in its attempt to win government work. The company’s stock has fallen more than 70 percent since the scandal was first reported. In recent weeks it has seen work suspended on a big contract in Nassau County. Separately, AbTech says the Corvais Group, a property management firm, canceled a partnership it had with it. In addition, the Securities and Exchange Commission has begun to scrutinize AbTech.
Federal:
‘Campaigns’ Aren’t Necessarily Campaigns in the Age of ‘Super PACs’
New York Times – Nicholas Confessore and Eric Lichtblau | Published: 5/17/2015
The 2016 contenders are exploiting loopholes and regulatory gray areas to transform the way presidential campaigns are organized and paid for. Their campaigns are intricate constellations of political committees, super PACs, and tax-exempt groups, engineered to avoid fundraising restrictions imposed on candidates and their parties after the Watergate scandal. Major costs of each candidate’s bid, from television advertising to policy development, are now being shifted to legally independent organizations that can accept unlimited contributions from wealthy individuals, corporations, and labor unions.
Critics Hear E.P.A.’s Voice in ‘Public Comments’
New York Times – Eric Lipton and Coral Davenport | Published: 5/18/2015
Environmental Protection Agency (EPA) Administrator Gina McCarthy told a Senate committee in March that the agency had received more than one million comments about its proposed rule intended to protect the nation’s drinking water, and nearly 90 percent favored the agency’s plan. McCarthy is expected to cite those comments to justify the final rule. But critics say there is a reason for the overwhelming result: the EPA had a hand in manufacturing it. In a campaign that tests the limits of federal lobbying law, the agency orchestrated a drive to counter political opposition from Republicans and enlist public support in concert with liberal environmental groups and a grassroots organization aligned with President Barack Obama.
Hillary’s Speech Disclosures Come Under Fire
Politico – Josh Gerstein | Published: 5/20/2015
The Clinton Foundation said it will release details on nearly 100 speeches made by Hillary Clinton, her husband, Bill, and daughter Chelsea that ended up in the account of the global charity. Aides to the Clintons contend that when they delivered such speeches, the former president and former secretary of state were acting as officials of the Clinton Foundation, so the disclosure requirement for payments directed to charity by a government official, presidential candidate, or spouse do not apply. Several ethics lawyers told said they believe the Clintons’ speeches do not fall within the cited exception because there is little indication the addresses delivered across the U.S. and overseas had anything to do with the foundation.
From the States and Municipalities:
Arizona – Clean Elections Panel Advances New Dark-Money Spending Rules
Arizona Daily Sun – Bob Christie (Associated Press) | Published: 5/14/2015
The Arizona Clean Elections Commission voted to open up nearly a dozen proposed rule changes for public comment, including a contentious proposed rule change that would impose new criteria in determining whether a group’s primary purpose is electioneering. One rule would require outside groups to file reports if they spend more than $500 to advocate for or against a candidate or voter initiative. The reports would disclose spending and donors.
Arkansas – Fiscal 2016 Budget Cut Vexes Ethics Panel Chief
Arkansas Online – Spencer Willems | Published: 5/19/2015
During a monthly meeting of the Arkansas Ethics Commission, Director Graham Sloan said his staff will have less money than was budgeted this year and nearly a quarter less than was earmarked by legislators this past session. The cut, which Sloan said he learned of recently, would drop funding for the next fiscal year from about $900,000 to about $705,000, which is just under the commission’s current authorization for this year. Sloan said the cut comes at a point when the commission has never been busier and will cause his office to reduce staff and services.
California – Details Hidden On Legislative Lawyers Drafting Bills for Influential Groups
Capital Public Radio – John Meyers (CaliforniaReport.org) | Published: 5/20/2015
In California, so-called unbacked bills are draft laws with no guarantee of being introduced in either house of the Legislature. Capitol insiders portray the system as one with very few limits and in which legislative staffers sometimes submit proposals for vetting that their elected bosses would never publicly endorse. The process is also accessed by lobbyists, who seek the help of the government’s bill writing experts at the Office of Legislative Counsel. Insiders say these unpublicized bills may be held on to for any possible opening a lobbyist or interest group might see, including eleventh hour maneuvers before the Legislature adjourns.
Hawaii – Ban Upheld on Political Donations by Government Contractors
Honolulu Civil Beat – Nick Grube | Published: 5/20/2015
A federal appeals court panel on upheld Hawaii’s ban on political donations by state and county contractors. The three-judge panel of the Ninth U.S. Circuit Court of Appeals also upheld the state law requiring PACs to register after spending more than $1,000 to influence an election, something officials said is necessary to follow the money during campaign season.
Louisiana – Lobbyists Pay for Louisiana Officials’ Trip, Recipients Don’t Disclose It
New Orleans Times-Picayune – Lee Zurik (WVUE) and Ben Myers | Published: 5/18/2015
Two lobbyists with the Black Alliance for Educational Options reported to the Louisiana Board of Ethics in 2011 that they had spent $1,400 apiece on the same 15 individuals. They included nine state and local elected officials, an executive-branch member, and a few staffers and spouses. None of the officials disclosed the expenses to the state. Public officials, like the lobbyists seeking to influence them, are subject to disclosure laws.
Maine – Senator Accepted Flight from J.D. Irving While Promoting Looser Mining Laws
The Sun Journal – Lance Tapley (Maine Center for Public Interest Reporting) | Published: 5/20/2015
Maine Sen. Thomas Saviello, who has worked to pass legislation allowing J.D. Irving to develop an open-pit mine in the state, accepted a free plane ride from the company’s lobbyists and did not report it to the state ethics commission. Saviello said he did not have to report the 2013 trip ride because its value was not more than $300, the threshold for reporting gifts from lobbyists, and because the purpose was fact-finding. The lobbyists involved also did not report the trip, as required by the ethics commission.
Missouri – Missouri House Speaker Resigns; Intern Breaks Silence
St. Louis Post-Dispatch – Virginia Young | Published: 5/14/2015
Missouri House Speaker John Diehl resigned one day after the revelation of sexually suggestive text messages he exchanged with a 19-year-old legislative intern. The college student with whom Diehl had exchanged messages had been an intern for another House member. She no longer works at the Capitol, and Missouri Southern State University also removed its three other interns from Jefferson City. Republicans chose Rep. Todd Richardson as the next speaker.
Rhode Island – R.I. Secretary of State Gorbea Seeks Lobbying Changes
Providence Journal – Jennifer Bogdan | Published: 5/19/2015
Rhode Island Secretary of State Nellie Gorbea’s lobbying reform proposal was the subject of a recent hearing before the House Judiciary Committee. The proposal would increase the fines for violating the law from $2,000 to $5,000. Violators could also see their lobbying privileges suspended for up to three years. The bill also would reduced the frequency with which lobbyists have to file reports during the legislative session from monthly to quarterly.
Texas – Analysis: Ethics at center stage, hurting for attention
Texas Tribune – Ross Ramsey | Published: 5/18/2015
In his State of the State speech, Texas Gov. Gregg Abbott tried to put ethics reform high on the agenda for state lawmakers He added it to his list of five so-called emergency items that could get expedited treatment by lawmakers. But not a lot has changed. Reform is still possible, but the most significant changes being proposed still have not been considered by the House, much less by a committee that would have to reconcile the Senate and House versions of reform.
Wisconsin – Records Indicate Scott Walker Was Copied on Letter Promising Loan to Donor
Milwaukee Journal Sentinel – Jason Stein and Patrick Marley | Published: 5/18/2015
Wisconsin Gov. Scott Walker’s office was copied on a letter acknowledging his job creation agency would give a $500,000 loan to a campaign donor’s construction company, raising questions about his statements that he was not aware of the deal. It was reported that the Wisconsin Economic Development Corp. gave Building Committee Inc. (BCI) the unsecured, taxpayer-backed loan in 2011. The now-defunct company’s owner, William Minahan, gave Walker’s 2010 gubernatorial campaign $10,000, the maximum individual contribution allowed under state law. BCI never repaid the loan and did not use the money to create any jobs, according to The Wisconsin State Journal.
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.
May 15, 2015 •
News You Can Use Digest – May 15, 2015
National: Amid Gridlock in D.C., Influence Industry Expands Rapidly in the States Washington Post – Reid Wilson | Published: 5/11/2015 A Washington Post review shows lobbyists reported spending at least $2.2 billion on activity aimed at influencing legislators in 28 states […]
National:
Amid Gridlock in D.C., Influence Industry Expands Rapidly in the States
Washington Post – Reid Wilson | Published: 5/11/2015
A Washington Post review shows lobbyists reported spending at least $2.2 billion on activity aimed at influencing legislators in 28 states where data was available during the 2013-2014 biennium, with virtually every state seeing dramatic growth over the last decade. At the same time, total spending on federal lobbying activities has fallen. Watchdog groups say state ethics laws have not kept up to date with the explosion in new spending. While most states make lobbying activity reports available online, some do not, and even some that do are not listed by subject area or sponsor. For practical purposes, that means citizens in many states would not be able to find just who is lobbying in support of or opposition to any given measure without combing through thousands of records.
The Great Democratic Crack-Up of 2016
New York Times – Robert Draper | Published: 5/12/2015
In many states, progressive groups have moved to promote what they hope will be populist candidates in the Elizabeth Warren mold while weeding out those judged to be ideologically tepid. Progressives believe Democrats lost their way by obsessing over what President Bill Clinton once termed “the vital center.” That fixation, they say, has rendered the party brand incomprehensible and raised the question as to what exactly Democrats stand for. Moderates believe the only remedy is for Democrats to refashion themselves as pragmatists who care more about achieving results than ideological purity. Observers say the problem is that neither wing can muster an entirely airtight case that theirs is the road map to electoral success.
Federal:
10 Members of Congress Took Trip Secretly Funded by Foreign Government
Washington Post – Scott Higham, Steven Rich, and Alice Crites | Published: 5/13/2015
Ten members of Congress and their aides accepted gifts and airfare to Azerbaijan that were secretly paid for by that country’s state-owned oil company, according to a report from the Office of Congressional Ethics given to The Washington Post. Expenses totaled more than $125,000, including airfare. The lawmakers were lavished with gifts ranging from crystal tea sets, silk scarves, and Azerbaijani rugs that were valued at between $2,500 and $10,000 each. The funding for the airfare and gifts was hidden through Texas-based nonprofits, which filed false statements saying they were paying for the trip.
Jeb Bush Leans on Nonprofit Group as He Prepares Likely Presidential Run
Washington Post – Ed O’Keefe and Matea Gold | Published: 5/12/2015
At least four people with expertise on energy issues, foreign affairs, and communications are working with Right to Rise Policy Solutions, a nonprofit advocacy group allied with Jeb Bush that can accept secret, unlimited donations from individuals and corporations. Bush’s reliance on the nonprofit as he prepares for a likely presidential bid puts him on untested legal ground, cloaking who is paying the salaries of his expected advisers. But a polarized FEC is unlikely to scrutinize the maneuver.
The New Office Politics: Funding boss’s political causes
The Times Record – Michelle Conlin and Lucas Iberico Lozada (Reuters) | Published: 5/11/2015
Employers are increasingly approaching workers to fundraise, lobby, and campaign in ways they never have before, according to a Reuters analysis of FEC filings and data compiled by the Business Industry Political Action Committee (BIPAC). For years it was unions and trade associations that were the politically powerful workplace players, operating PACs. But since the 2010 U.S. Supreme Court decision that allowed for unlimited political spending by corporations, the number of companies engaged in this sort of activity – be it nudging employees to write letters, donate, campaign, or vote – has risen 45 percent to 7,317, according to BIPAC’s internal research.
From the States and Municipalities:
Indiana – Lawmakers Flock to Downtown Gambling Parlor for Fundraisers
Indianapolis Star – Tony Cook | Published: 5/13/2015
The Winner’s Circle in Indianapolis, an off-track betting facility, has hosted more than 30 fundraisers over the past two years for state lawmakers, helping them to rake in several thousand dollars over the course of a single afternoon. But the practice is raising questions about whether the events comply with a state ban on campaign contributions from casinos. Questions about the fundraisers are particularly relevant because the owner of the Winner’s Circle, Centaur Gaming, has lobbied intensely at the Capitol during the past two years for permission to have card games with live dealers at its two horse-track casinos in the state.
Louisiana – Lobbyists Spent $3 Million on Louisiana Officials, but Seldom Named Them
New Orleans Times-Picayune – Lee Zurik (WVUE) and Ben Myers | Published: 5/13/2015
Registered lobbyists in Louisiana reported a total of $2.9 million in expenditures between 2009 and 2014, which included nearly 30,000 disclosures. Almost 80 percent of expenses reported did not name which public official benefited, according to a review by The New Orleans Times-Picayune. Lobbyists are required to file monthly reports listing how much they spend on individuals, but they are free to pay for receptions and other group gatherings without disclosing the names of officials who attend. In some cases, those tabs were in the tens of thousands of dollars. The administrator for the Louisiana Board of Ethics, Kathleen Allen, said state laws do not provide a way to randomly audit the disclosures.
Massachusetts – Brian Joyce Thrives at the Edge of a Fuzzy Boundary
Boston Globe – Andrea Estes | Published: 5/3/2015
A review by The Boston Globe shows Brian Joyce, the assistant majority leader in the Massachusetts Senate, has frequently blurred the lines between his public duties and his private business. While other lawyer-legislators take pains to separate their two jobs, Joyce seems to freely mix the two. He aggressively seeks legal work from cities and towns that rely on the Legislature for funding, and he rarely discloses clients to the state Ethics Commission, which is required if a lawmaker sees potential for conflicts-of-interest in his votes.
Missouri – Free Food Fills Missouri Capitol’s Hallways as Ethics Bill Dies
St. Louis Post-Dispatch – Virginia Young | Published: 5/13/2015
Missouri imposes no limits on lobbyist-provided meals or gifts, and that appears unlikely to change when the legislative session ends on May 15. An ethics bill has languished in a conference committee since early April. The sticking point is whether to impose a $25 cap on individual meals, tickets, and trips that legislators receive from lobbyists. The bill’s sponsor, Senate Majority Leader Ron Richard, opposes the cap, saying it could be easily circumvented. The committee appointed to iron out the differences has never met, though negotiators have traded drafts. They say they have resolved all issues in the bill except the gift limit.
Missouri – Missouri House Speaker John Diehl Admits Sexually Charged Relationship with Intern
Kansas City Star – Jason Hancock | Published: 5/13/2015
Missouri House Speaker John Diehl exchanged sexually charged text messages with a freshman college intern. He is married with three sons. Richard Miller, dean of the School of Arts and Sciences at Missouri Southern State University, said the school pulled its four interns out of the Capitol this spring after an unspecified incident.
Missouri – Republican Legislator Faces Ethics Complaint over Comments to Reporter about Gifts
PoliticMo – Eli Yokley | Published: 5/12/2015
An ethics complaint has been filed against Missouri Rep. Craig Redmon, who says he has helped other lawmakers hide lobbyist gifts from required public reporting. Redmon said he sometimes has told people to put under his name expenses that actually were made for others. He says that shields other legislators, particularly those concerned with reporting any lobbyist gifts. Progress Missouri said that practice would be deceptive and wrong. It is unclear whether lobbyists actually have reported expenses made on behalf of other lawmakers as if they were for Redmon.
New York – Dean Skelos, New York Senate Leader, Vacates Post
New York Times – Thomas Kaplan and Susanne Craig | Published: 5/11/2015
Dean Skelos resigned his leadership post in the New York Senate after his arrest on federal corruption charges and was quickly replaced by Sen. John Flanagan. Skelos, who intends to keep his legislative seat, became the latest leader to lose his grip on power in a state government marred by corruption. Assembly Speaker Sheldon Silver stepped down from his leadership position early this year. Skelos is fighting charges he used his position to extort payments for his son, who is also charged in the case. Both men say they are innocent.
New York – Scarborough Pleads Guilty Twice
Albany Times Union – Brendan Lyons | Published: 5/7/2015
New York Assemblyperson William Scarborough pleaded guilty to federal theft and fraud charges, admitting he submitted at least $40,000 in false expense vouchers for days he did not actually travel to Albany. In state court, Scarborough later pleaded guilty to grand larceny, admitting he took $38,000 in unauthorized cash withdrawals from his campaign fund for personal use. The felony convictions automatically remove Scarborough from the Assembly.
Rhode Island – State of R.I. Drops 38 Studios Lobbying Cases
Providence Journal – Jennifer Bogdan | Published: 5/13/2015
Rhode Island Secretary of State Nellie Gorbea is dismissing cases against three people accused of lobbying violations in the 38 Studios deal, including ex-Boston Red Sox pitcher Curt Schilling. Former 38 Studios Director Thomas Zaccagnino and attorney Michael Corso had been ordered to file retroactive reports or face a fine. Corrente says both orders would likely be overturned in court because of procedural deficiencies in existing lobbying statutes. In the wake of the dismissal, Gorbea has proposed a new lobbying reform bill.
Virginia – Lobbyists Take Changes to Gifts Law in Stride
The Virginian-Pilot – Patrick Wilson | Published: 5/11/2015
Virginia Gov. Terry McAuliffe signed a new law in April that caps gifts to public officials, including travel or meals, at $100. It also forbids officials from accepting more than $100 in a calendar year from any one lobbyist or company, although gifts valued at less than $20 do not count toward the limit. Getting comfortable with the new law will be an “evolving process” for many lobbyists, said Whitt Clement, a former delegate and state transportation secretary who lobbies for the firm Hunton & Williams.
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.
May 8, 2015 •
News You Can Use Digest – May 8, 2015
Federal: Campaign Coverage via Snapchat Could Shake Up the 2016 Elections New York Times – Jonathan Mahler | Published: 5/3/2015 Snapchat, America’s fastest-growing smartphone application, hired Peter Hamby, a political reporter for CNN, to lead its nascent news division. Snapchat has […]
Federal:
Campaign Coverage via Snapchat Could Shake Up the 2016 Elections
New York Times – Jonathan Mahler | Published: 5/3/2015
Snapchat, America’s fastest-growing smartphone application, hired Peter Hamby, a political reporter for CNN, to lead its nascent news division. Snapchat has said little about its plans, but with well over 100 million users, a huge swath of whom are in the U.S. and between the ages of 18 and 31, its potential to shake up the next election is considerable. “There is no harder riddle to solve in politics than reaching young Americans who are very interested in the future of their country but don’t engage with traditional news,” said Dan Pfeiffer, a former senior adviser to President Barack Obama. “Snapchat may have just made it a whole lot easier to solve this riddle.”
F.E.C. Can’t Curb 2016 Election Abuse, Commission Chief Says
New York Times – Eric Lichtblau | Published: 5/2/2015
FEC Chairperson Ann Revel has given up on trying to stop abuses in the 2016 elections and will focus on transparency. “People think the FEC is dysfunctional – it’s worse than dysfunctional,” said Ravel. There are six members on the FEC, and any decision requires that at least four vote in favor. By law, however, there can be only three people from each political party in the group. While the requirement was meant to encourage nonpartisan action, it has recently caused a deadlock in decision-making. Ravel said the party divisions have made it nearly impossible for members to agree on new measures to enforce spending rules, and instead she plans to simply make the spending information public.
Hillary Clinton Embraces a ‘Super PAC,’ Trying to Erode a Republican Edge
New York Times – Maggie Haberman and Nicholas Confessore | Published: 5/6/2015
Hillary Clinton, who has emphasized campaign finance reform in the early stage of her latest White House bid, has apparently already decided the modest approach alone will not be enough. Clinton will be pushing the boundaries of campaign finance law further than any Democratic presidential contender ever has by directly asking donors to give to a friendly super PAC that can raise unlimited amounts of money from donors. Candidates avoided such activity in the 2012 race, adhering to a law that says they cannot coordinate directly with the groups. But the increasingly permissive nature of the FEC is leading the candidates to take ever bolder approaches.
From the States and Municipalities:
Florida – Politicians Send Millions to Charity of Lobbyist’s Daughter
Miami Herald – Francisco Alvarado (BrowardBulldog.org) | Published: 5/6/2015
Lauren’s Kids, a non-profit whose mission is to raise awareness about child sexual abuse, has become one the Florida Legislature’s favorite charities, collecting nearly $7 million in taxpayer funds. It was founded Lauren Book, the daughter of Tallahassee lobbyist Ron Book. Critics say Ron Book’s political clout gives Lauren’s Kids an unfair advantage over hundreds of applicants vying for state discretionary funds. Lauren Book said her non-profit is on the same playing field as others seeking state funds.
Georgia – For Ga. Board, Common Cause’s ‘Different Path’ Leads to Protest
WABE – Jonathan Shapiro | Published: 5/5/2015
Common Cause ousted two members from the Georgia chapter’s board. Two more board members resigned in protest. Nationally, Common Cause has long been nonpartisan in name but left-leaning in practice. The state chapter, however, for years had more independence. Common Cause Georgia’s board, balanced among Republicans, Democrats, and independents, worked with the group’s mission of “holding power accountable” but did not endorse everything the national organization did.
Minnesota – Gov. Mark Dayton Vows to Veto GOP Campaign Cash Changes
St. Paul Pioneer Press – Rachel Stassen-Berger | Published: 5/4/2015
Minnesota Gov. Mark Dayton said he would veto a budget bill if it includes several provisions he and Democratic lawmakers see as undermining the disclosure of special interest spending to influence elections. The state government finance omnibus bill, which the Republican-controlled House passed in late April, would effectively end campaign spending limits for statewide candidates and in legislative races. It would remove limits on the number of total donations that could be received by lobbyists and PACs, and end public subsidies for campaigns. It also would cut state funding for the Minnesota Campaign Finance and Public Disclosure Board in the next two years. The move would reduce the board’s budget by about 10 percent.
Minnesota – Minnesota House Floor Can Be a Theater of The Absurd
Minneapolis Star Tribune – Patrick Coolican | Published: 5/5/2015
The chaotic Minnesota House stands in stark contrast to the staid Senate, with its strict dress code and a rule prohibiting eye contact between senators during floor debates. Sen. Dick Cohen was elected to the House in 1976 before moving to the upper chamber. “When I was in the House, I would come over to the Senate floor and I thought I was walking into a church, it was so quiet,” said Cohen. “Now I walk onto the House floor, I think I’m walking into a circus.”
New Jersey – Key Christie Ally Pleads Guilty to Role in Bridgegate, Two Others Indicted
Washington Post – Rosalind Helderman and Robert Costa | Published: 5/1/2015
A judge unsealed indictments against two people close to New Jersey Gov. Chris Christie, outlining a conspiracy made with a third confidant to exact political vengeance against Fort Lee Mayor Mark Sokolich. Bill Baroni, the former deputy executive director of the Port Authority of New York and New Jersey, and Bridget Anne Kelly, a former deputy chief of staff to Christie, were charged with nine counts, including conspiracy to commit fraud by “knowingly converting and intentionally misapplying property of an organization receiving federal benefits.” David Wildstein, who as an official at the Port Authority had ordered the closure of two of George Washington Bridge’s toll lanes to snarl traffic in Fort Lee, said he did so to punish Sokolich, who declined to endorse Christie’s re-election bid.
New York – Big Names in New York Real Estate Figure into Skelos and Silver Cases
New York Times – Charles Bagli | Published: 5/6/2015
Senate Majority Leader Dean Skelos and his son are facing charges of fraud, extortion, and solicitation of bribes. Taken together with the charges filed earlier this year against former Assembly Speaker Sheldon Silver, the two cases provide a glimpse into the seamier side of politics, power, and real estate in New York. Real estate executives have long said they contribute heavily to state and New York City legislators’ election campaigns in the hopes of gaining access to those who make policy in a state where tenants hold considerable voting power. But the criminal cases describe behavior that goes beyond mere campaign donations and lobbying and involve some of the biggest names in real estate.
New York – Dean Skelos, New York Senate Leader, and Son Are Arrested on Corruption Charges
New York Times – William Rashbaum, Thomas Kaplan, and Susanne Craig | Published: 5/4/2015
New York Senate Majority Leader Dean Skelos and his son, Adam, were arrested on charges of conspiracy, extortion, wire fraud, and bribe solicitation. The accusations stem from a federal investigation focused on Adam Skelos’ business dealings, including payments to him by an environmental company, AbTech Industries. The senator was accused of taking official actions to benefit AbTech and a prominent real estate firm, Glenwood Management, a politically influential developer that had financial ties to AbTech. Dean Skelos agreed to do so, according to the complaint, as long as the companies paid his son. In one taped conversation, Adam Skelos acknowledged he got the job with AbTech even though he “literally knew nothing about water or, you know, any of that stuff.”
Tennessee – Out-of-State Groups Seek Influence in Tennessee
The Tennessean – Tom Humphrey (Knoxville News Sentinel) | Published: 5/4/2015
Outside interests are trying to influence public policy in Tennessee, engaged on such controversial issues as Gov. Bill Haslam’s Insure Tennessee proposal and gun laws, all the way down to less-noticed matters such as experimental drugs and state subsidies to parents of children with specified disabilities. These groups set up shop in Tennessee fairly recently and started building a grassroots network of residents, although much of their funding still comes from outside the state.
Texas – Antagonist-in-Chief Stickland Faces His Foes
Texas Tribune – Morgan Smith | Published: 5/3/2015
A legislative ethics panel said it planned to investigate “possible irregularities” in the registering of supporters and opponents of bills at committee hearings after allegations that Texas Rep. Jonathan Strickland had falsely filled out registration forms, a violation of House rules. Colleagues say Stickland’s tactics – tying up floor debates with questions and delaying legislation with parliamentary maneuvers – are doing nothing more than holding up the House’s business while rubbing Democrats and Republicans alike the wrong way.
Vermont – House Oks Bill Limiting Lobbyist Contributions during Session
VTDigger.org – Erin Mansfield | Published: 5/6/2015
The Vermont House agreed to prohibit lobbyists from contributing to leadership PACs until after the Legislature adjourns at the end of each state biennium. The restriction was added as an amendment to Senate Bill 93, a bill expanding lobbyist disclosure requirements. The bill would require lobbyists to make monthly expenditure reports while the Legislature is in session. Lobbyists also would have to file reports within 48 hours of running mass media campaigns and disclose themselves as funders in a conspicuous place within each advertisement.
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.
May 1, 2015 •
News You Can Use Digest – May 1, 2015
Federal: Collapse of Comcast-Time Warner Cable Merger Shows Limits of Lobbying Politico – Tony Romm and Alex Byers | Published: 4/24/2015 Comcast spends more than any other company lobbying Washington, D.C. Its chief executive officer has golfed with President Barack Obama, […]
Federal:
Collapse of Comcast-Time Warner Cable Merger Shows Limits of Lobbying
Politico – Tony Romm and Alex Byers | Published: 4/24/2015
Comcast spends more than any other company lobbying Washington, D.C. Its chief executive officer has golfed with President Barack Obama, and its executives raise cash for Democrats. But the strategy did not work as the largest U.S. cable company dropped its merger with Time Warner Cable over continued opposition from Congress and federal regulators. Two agencies had balked at the $45.2 billion proposed merger in a twist of the narrative that says deep connections guarantee big results in Washington. “It’s nice to see that even an effective, very well-funded, pervasive lobbying campaign cannot win when it was wrong,” said Ed Black, president of the Computer and Communications Industry Association.
Never Before Have So Many People with So Much Money Run for President
Washington Post – Matea Gold and Ed O’Keefe | Published: 4/27/2015
Some political operatives say 2016 could be the first presidential race in the modern era in which a candidate does not need to win Iowa or New Hampshire to prevail. Strong showings in those early states historically translated into much-needed financial momentum. But this time, wealthy patrons might keep their favorite picks aloft through independent spending. The political money boom is being driven largely by super PACs, which can collect unlimited donations from individuals and corporations. The groups are supposed to operate independently from the candidates they support, but in this race, they are functioning as de facto arms of the campaigns.
States Can Ban Elected Judges from Asking for Campaign Money, Supreme Court Says
Los Angeles Times – David Savage | Published: 4/29/2015
A divided U.S. Supreme Court ruled states can limit judicial candidates’ ability to personally appeal for donations, a rare victory for supporters of campaign finance limits. Chief Justice John Roberts joined the court’s four liberal justices in the decision to uphold a Florida prohibition on such personal solicitations, saying states have a compelling interest in “preserving the public confidence in the integrity of its judiciary.” The ruling was an outlier for the high court and for Roberts himself, who supported decisions over the past six years that have opened the floodgates on political spending and given rise to super PACs.
From the States and Municipalities:
California – For Statewide Change, Advocates Are Making Their Battles Local
Los Angeles Times – Melanie Mason | Published: 4/24/2015
Whether the subject is plastic grocery bags or soda taxes, some of California’s most compelling policy battles are occurring not in the Capitol but in City Halls and county seats. Local governments are increasingly a staging ground for issues such as the regulation of electronic cigarettes, limits on payday lenders, and fracking moratoriums. The local efforts can prod the state Legislature to act. Political operatives who bypass Sacramento are waging their local campaigns with data-driven sophistication.
Florida – Florida House Abruptly Adjourns Session Early, Saying Impasse Is Insurmountable
Tampa Bay Times – Mary Ellen Klas and Steve Bousquet | Published: 4/28/2015
The Florida House abruptly and unilaterally adjourned on April 28, ending the legislative session before the scheduled date and leaving dozens of major bills dead and escalating tensions between the House and Senate over their health care stalemate. It marked the first time in Florida’s modern history that one chamber shut down and went home on a different day than the other in a regular session. The presiding officers of each chamber must now agree to come back in special session in order to complete the state budget, the only bill they are required to pass each year by the June 30 deadline, or Gov. Rick Scott could order them back together.
Georgia – Ethics Commission Picks Veteran State Attorney as Chief Exec
Columbus Ledger-Enquirer – Kathleen Foody (Associated Press) | Published: 4/28/2015
Stefan Ritter was chosen as the new head of the Georgia Government Transparency and Campaign Finance Commission. He is currently a senior assistant attorney general and for several years has served as the ethics commission’s legal counsel. The agency’s previous executive secretary was fired after a judge fined her for allegedly withholding documents in a lawsuit against the state. The agency enforces Georgia’s campaign finance and ethics laws but has been troubled by employee lawsuits and a backlog of cases.
Indiana – Gov. Pence to Sign Ethics Reform Bill
Indianapolis Star – Tony Cook | Published: 4/27/2015
The Indiana General Assembly approved an ethics overhaul that requires greater financial disclosure by lawmakers and expressly prohibits elected officials from using state resources for political purposes. The bill follows an investigation into former state schools Superintendent Tony Bennett’s use of state staff and resources during his 2012 re-election campaign. In another case, a privately lobbied last year to defeat legislation that could have cost his family’s business millions of dollars. The bill now goes to Gov. Mike Pence for consideration.
Kentucky – Gov. Gets 360 Derby Tickets, Who Uses Them?
Louisville Courier-Journal – Tom Loftus | Published: 4/29/2015
Churchill Downs sets aside 360 tickets to the Kentucky Derby and Kentucky Oaks every year for sale to the governor’s entourage. Many of those seats are prime – 160 of them are coveted spots on Millionaires Row. Gov. Steve Beshear says the purpose for the large number of tickets, and all of his official Derby activities, is to show off Kentucky to official economic-development and tourism guests who might bring jobs to the state. But records of previous years’ ticket assignments from the governor’s allotment show only about 60 of the 360 tickets are used by the official guests of the state Economic Development Cabinet or Tourism, Arts and Heritage Cabinets. Ticket holders also include family of the governor, top administration officials, Democratic Party activists, and some big contributors to the governor’s political causes.
Massachusetts – Baker Inaugural Committee Returning Donations That Exceeded Limit
Boston Globe – Sara Morrison | Published: 4/28/2015
Massachusetts Gov. Charlie Baker’s inauguration committee will return donations from two lobbying firms that exceeded a limit he imposed for lobbyist contributions. Baker said lobbyists could only give a maximum of $250. But at least five firms registered as lobbyists with the state gave well over that limit. The inaugural committee pledged to return $2,500 to Beacon Strategies Group and $10,000 to Bay State Strategies Group.
Montana – Senate Confirms Motl as Political Practices Commissioner
Helena Independent Record – Charles Johnson | Published: 4/24/2015
Montana senators confirmed Jonathan Motl as the state’s commissioner of political practices. Motl has come under fire during his tenure for what opponents call a bias against Republican candidates. Senators supporting Motl called attention to the work he did on a major campaign finance bill that was signed into law this session. Senate Bill 289 will require more disclosure for “dark money” in campaigns.
New Jersey – The Dinner Proposal That Led United into Corruption Probe
Bloomberg Business – David Kocieniewski and David Voreacos | Published: 4/28/2015
Federal prosecutors are investigating whether United Airlines made improper attempts to influence David Samson at the Port Authority of New York and New Jersey, according to sources. The authority oversees Newark Liberty International Airport. United was seeking hundreds of millions of dollars in public investment for the airport when its chief executive dined with New Jersey Gov. Chris Christie’s top Port Authority official in September 2011. Investigators are looking into whether Samson abused his public position for private gain. According to people close to the case, prosecutors want to know if Samson gave United preferential treatment on Port Authority business in return for the airline reviving a route that he and his wife had used but had been cancelled.
North Carolina – Not Just Photo-Ops: Businesses gain from political visits
Asheville Times-Citizen – Caitlin Byrd | Published: 4/27/2015
Chris Champlin, vice president of Thermo Fisher Scientific, estimates at least six politicians have accepted invitations to visit the Asheville, North Carolina plant in the last 12 months. For politicians, visiting and speaking at businesses gives them a chance to learn more about an employer in the region. But these events are not one-sided affairs; sometimes the businesses have the most to gain. When it comes time to call on legislators for some help, a special visit to the business can help cement a company and its interests in the mind of a politician. “… Once they walk in the door, put on the steel-toe boot covers and the safety glasses, it’s just a much more meaningful interaction than I could ever hope to accomplish in Washington, D.C. in a business suit,” said Tim Fenton, senior director of global government relations for Thermo Fisher Scientific.
Pennsylvania – Council Moves to Illuminate Super PAC Money
Philadelphia Inquirer – Tricia Nadolny | Published: 4/23/2015
Independent groups would face additional reporting requirements under a bill introduced in the Philadelphia City Council. Those groups, which are not permitted to coordinate with candidates they support, are not required to file finance reports until days before an election. The bill would change that by requiring super PACs to disclose their donors six weeks before an election or primary and every two weeks thereafter. It would apply to donations of $5,000 or more spent on communications, including television, print, and radio ads, that make reference a candidate in any way.
Rhode Island – Raimondo Signs into Law New Campaign Finance Measures
Providence Journal – Jennifer Bogdan | Published: 4/23/2015
Gov. Gina Raimondo signed four bills aimed at strengthening Rhode Island’s campaign finance reporting laws. One bill requires candidates and PACs to file bank statements from their campaign finance accounts following their final quarterly report to the Board of Elections. Another measure requires that candidates and PACs maintain a campaign finance account separate from personal bank account. Lawmakers reviewed the system after ex-House Speaker Gordon Fox acknowledged taking a $52,500 bribe and making dozens of interbank transfers totaling $108,000, using money from his campaign account for personal expenses.
Texas – Senate Strengthens and Passes Ethics Bill
Texas Tribune – Jay Root | Published: 4/28/2015
The Texas Senate strengthened and approved an ethics reform bill with provisions that call for drug testing of elected officials, convicted felons to leave office, tougher financial disclosures, and more transparent dealings with lobbyists. Sen. Kirk Watson got his amendment added on that requires disclosure of lobbyists paying for lawmakers meals if over $50 even when splitting the checks between multiple lobbyists, a loophole many use now. Senate Bill 19 now goes to the House.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
April 24, 2015 •
News You Can Use Digest – April 24, 2015
Federal: Bill Shuster Admits ‘Private and Personal Relationship’ with Airline Lobbyist Politico – John Bresnahan, Anna Palmer, and Jake Sherman | Published: 4/16/2015 U.S. Rep. Bill Shuster (R-Pa.), chairperson of the House Transportation Committee, admitted he has a “close private and […]
Federal:
Bill Shuster Admits ‘Private and Personal Relationship’ with Airline Lobbyist
Politico – John Bresnahan, Anna Palmer, and Jake Sherman | Published: 4/16/2015
U.S. Rep. Bill Shuster (R-Pa.), chairperson of the House Transportation Committee, admitted he has a “close private and personal relationship” with a female lobbyist for an airline association whose job is to influence his panel. Shuster acknowledged he has been dating Shelley Rubino, vice president of government affairs for Airlines for America, while the committee he leads has been working to overhaul the Federal Aviation Administration. The House Ethics Manual does not address lobbying by romantic partners but does urge “special caution” when a spouse or other immediate family member is a lobbyist. Shuster said his office consulted with legal counsel to establish its own internal policy on personal relationships that “goes further than required by law.”
House Quietly Passes Tax Exemption for Megadonors
Politico – Kenneth Vogel and Hillary Flynn | Published: 4/16/2015
The U.S. House passed legislation that would protect major campaign donors from having to pay gift taxes on huge contributions to secretive political groups. The bill, which now heads to the Senate, is seen by fundraising operatives as removing one of the few remaining potential obstacles to unfettered big-money spending by nonprofit groups registered under a section of the tax code that allows them to shield their donors’ identities. While fundraising operatives say most donors do not pay taxes on their contributions to 501(c) groups, the law is somewhat ambiguous on whether gift taxes could be assessed. That has left donors fearing such gifts could bring scrutiny from the IRS.
Jeb Bush Prepares to Give Traditional Campaign a Makeover
AP.org – Thomas Beaumont | Published: 4/21/2015
A report that Jeb Bush will delegate much of his presidential campaign’s work to a super PAC is prompting criticism from reform advocates and the threat of legal action. Bush has spent months developing a plan to give Right to Rise the authority to run activities such as advertising, phone banking, and data analysis for his campaign. Such groups can raise unlimited money to participate in campaigns but legally are not supposed to coordinate with a candidate’s operations. While super PACs have played major roles in campaigns before, supporting candidates who have fallen out of favor with voters, they have never served as the overt drivers of a candidate’s campaign operations, said Bill Allison, a senior fellow at the Sunlight Foundation.
From the States and Municipalities:
Arizona – Ariz. Court: Groups can’t conceal attack-ad funding sources
East Valley Tribune – Howard Fischer (Capitol Media Services) | Published: 4/21/2015
The Arizona Supreme Court refused to overturn an appeals court ruling against a political group that spent about $1.5 million during the state’s 2010 attorney general race. The high court left in place the ruling that found a television commercial by the Committee for Justice and Fairness advocated for the defeat of then-candidate Tom Horne and was not exempt issue advocacy. The association claimed its ad confronted issues of child safety. But the appellate court said – and now the state Supreme Court has agreed – that any commercial or mailer must be examined in its entirety, including its timing, to determine its real purpose.
Arkansas – 30-Day Grace Vexes State’s Ethics Panel
Arkansas Online – Michael Wickline | Published: 4/18/2015
The Arkansas Ethics Commission discussed new laws that came out of this year’s legislative session, including one that gives elected officials a 30-day grace period to return improper gifts from lobbyists and correct reporting errors. Commissioners asked Executive Director Graham Sloan a number of questions about Act 1280, which allows a state elected official to avoid sanctions if the official unwittingly receives an improper gift from a lobbyist and returns it, or pays the donor an amount equal to or greater than the value of the gift, within 30 days of the discovery of the violation.
California – Drinks, Dinners, Favors Helped PG&E Lobbyist Build PUC Ties, Emails Show
Los Angeles Times – Marc Lifsher | Published: 4/21/2015
After many complaints about ties between the California Public Utilities Commission (PUC) and Pacific Gas & Electric (PG&E), the state’s largest utility fired its chief lobbyist, Brian Cherry, his boss, and another vice president. PG&E also released a flood of documents that has sparked the biggest investigation of a state agency in the last decade. The documents, including emails between the utility and regulators, portrayed questionably cozy relations between then-PUC President Michael Peevey and top PG&E executives. “Cherry’s job was to know everybody and be on good terms with everybody,” said John Geesman, former executive director of the California Energy Commission. “You make friends so that your friends could help you.”
Florida – Even after the Gift Ban and Reform, Freebies Flow to Florida Lawmakers
Tampa Bay Times – Michael Van Sickler | Published: 4/17/2015
Powerful Florida lawmakers in both parties still get special interests to cover personal expenses, even after the gift ban and a subsequent reform in 2013. Committees set up by some legislators are legally allowed to reimburse their host lawmakers for expenses, as long as they can show it is related to the political mission of their committees. But a review of 84 committees operated by 75 state legislators show a handful of politicians routinely used their committees for reimbursements that could not easily be explained.
Kansas – Kobach PAC Embroiled in Naming-Law Issue; ‘Stupid’ PAC Gets Letter from Ethics Panel
Wichita Eagle – Dion Lefler | Published: 4/22/2015
A new PAC in Kansas filed to organize under the name “It’s Time to Fix Stupid.” They got a letter from the state Governmental Ethics Commission saying: “The name of your political action committee, It’s time to fix stupid, must be changed or expanded upon to more clearly reflect your interest.” KCTU news director R.J. Dickens, chairperson and treasurer of the PAC, said the name is directly reflective of what the group wants to do. It bought a website, itstimetofixstupid.com, and plans to use it to hold a “Stupid Tuesday” primary in August to identify what are deemed to be the stupidest state legislators and to direct campaign donations to those lawmakers’ opponents.
Kentucky – Head of State Ethics Agency to Take Top Post at Kentucky Registry of Election Finance
Lexington Herald-Leader – Jack Brammer | Published: 4/20/2015
John Steffen, executive director of the Kentucky Executive Branch Ethics Commission, is leaving the post to become head of the state Registry of Election Finance. Steffen will replace Sarah Jackson, who retired from the registry last fall. During his seven years as executive director, Steffen has been involved in several widely publicized cases, including investigations of former Agriculture Commissioner Richie Farmer, the state Fish and Wildlife Department, nepotism involving property valuation administrators, and the state merit hiring system.
Missouri – Resignations after Election of Black Mayor Put Missouri Hamlet in Spotlight
New York Times – John Eligon | Published: 4/23/2015
Before being sworn in to office on April 14, Tyus Byrd never could have imagined the national headlines she would grab as the first black mayor of Parma, Missouri. Upon her taking office, several employees of the rural hamlet, including the chief of police and two full-time police officers, resigned. All are white. Adding to the intrigue was that the man whom Byrd defeated, Randall Ramsey, mayor for more than three and a half decades during two separate stints, offered a cryptic reason for the resignations: “safety concerns.” With the nation roiled in a debate over law enforcement in minority communities, many Internet commenters wondered whether this was all about race. Many residents seem to believe what happened was because of tensions between an old government and the new one, not between the races.
Montana – Bullock Signs Campaign Finance Bill into Law
The Missoulian – Lisa Baumann (Associated Press) | Published: 4/23/2015
Montana Gov. Steve Bullock signed a bill into law that is meant to expose “dark money” in elections. Senate Bill 289 will require groups that spend money on elections at the state level to disclose their donors, including those that have been previously exempt from the practice. Organizations have been able to skirt laws requiring disclosure if their purpose and federal tax designation categorizes the group as dedicated to education or advocacy.
New York – Carl Heastie, New York Assembly Speaker, Benefited from Mother’s Embezzling
New York Times – Russ Buettner and David Chen | Published: 4/20/2015
The New York Times reported that Assembly Speaker Carl Heastie appears to have benefited from his mother’s past embezzlement. Heastie’s mother in 1998 pleaded guilty to writing checks from the nonprofit where she worked, using some of the money to buy a family home. As part of her restitution, she and her son, who also lived in the home, were to sell it and pay back the former employer. Heastie’s mother died shortly after her plea. Heastie did not sell the apartment until six years later, and pocketed a $200,000 profit, according to the report.
New York – New York State Elections Board Retains a Corporate Donation Loophole
New York Times – Jesse McKinley | Published: 4/16/2015
New York’s State Board of Elections split along party lines on closing the so-called LLC loophole in campaign finance rules, leaving it intact. Two commissioners proposed treating limited liability companies like partnerships, subject to more complete disclosures and donation restrictions. That would reverse the board’s 1996 decision. The board now treats LLCs as individuals, who can give up to $60,800 to a statewide candidate. Corporations, meanwhile, have much lower limits. Reform advocates say certain wealthy individuals use LLCs to hide their identities and donate large amounts to politicians in support of particular causes or interests.
Rhode Island – Campaign Finance Measures Sent to Governor
Providence Journal – Jennifer Bogdan | Published: 4/16/2015
The Rhode Island General Assembly approved a series of bills to tighten campaign finance reporting. If signed into law, the measures will require candidates and PACs to create a separate bank account for campaign funds and file bank statements for it with the state elections board. Candidates also could not serve as their own campaign treasurers if their accounts reach or expend $10,000 or more annually.
Virginia – Legislature Approves Ethics Bill with $100 Aggregate Gift Cap
Richmond Times-Dispatch – Jim Nolan and Markus Schmidt | Published: 4/17/2015
Virginia lawmakers gave final approval to an ethics reform package that includes an aggregate $100 annual cap on gifts. Legislation that passed at the close of the regular session would have meant officials could receive an unlimited number of gifts from the same source as long as none exceeded $100. Gov. Terry McAuliffe sought to close the loophole and put in place an aggregate $100 annual cap on gifts from a single source. But it got bogged down when it was discovered the language of the governor’s amendment could be interpreted to be a lifetime limit, rather than an annual one. Lawmakers returned to Richmond for an abbreviated session to resolve the issues with the bill.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
April 17, 2015 •
News You Can Use Digest – April 17, 2015
National: Europe at Risk of Corruption from Lobbying – Report BBC – Damian Grammaticas | Published: 4/14/2015 Lack of control over lobbyists threatens to undermine European democracies, said Transparency International, which is calling for new regulations. In a report assessing legal […]
National:
Europe at Risk of Corruption from Lobbying – Report
BBC – Damian Grammaticas | Published: 4/14/2015
Lack of control over lobbyists threatens to undermine European democracies, said Transparency International, which is calling for new regulations. In a report assessing legal and other safeguards against opaque lobbying practices in 19 of the 28 European Union (EU) states and three EU institutions, it found only two countries – Slovenia and Lithuania – had even half the level of protection that the organization thought was necessary to protect against “undue influence” by vested interests. Among Transparency International’s concerns were lack of public documentation of who is lobbying whom, with what resources, and for what purpose. Others included failure to control the “revolving door” of staff moving between government institutions and private enterprises.
Federal:
Florida Mailman Lands a Gyrocopter on Capitol Lawn, Hoping to Send a Message
Washington Post – Mike DeBonis and Marc Fisher | Published: 4/15/2015
A postal worker from Florida delivering a protest message to Congress landed a lightweight gyrocopter on the West Lawn of the Capitol. Doug Hughes was taken into custody, with possible charges pending. He guided his aircraft at low speed through protected airspace and landed it on Congress’s front lawn to raise awareness about the amount of money spent on elections. “I have no intention of hurting anyone,” Hughes wrote on his website. The U.S. Secret Service denied anyone had tipped off its Tampa field office to Hughes’s intentions. Air defense systems did not detect the copter as it entered restricted airspace above Washington, D.C. No one tried to stop the gyrocopter.
Hillary Clinton’s Goal: Keep Bill Clinton happy, involved
Politico – Annie Karni | Published: 4/13/2015
When Hillary Clinton ran for president in 2008, her campaign staff was intimidated by her husband’s star power, concerned that she would be seen only in relation to him. Bill Clinton’s role during that campaign was an ongoing frustration for him and his team. The feeling within his inner circle, sources said, was that if he had been allowed to have a bigger say in strategy from the beginning, the campaign would not have ended up where it did. Now, after four years as secretary of state, Hillary Clinton is more firmly established as independent figure. Her new team has more confidence that she will be seen by voters as her own woman, with an identity separate from her husband. Thus they will not be afraid to place him in the spotlight when the time is right, while taking full advantage of his skills as a strategist behind the scenes.
In Accepting Bitcoin, Rand Paul Raises Money and Questions
New York Times – Eric Lichtblau | Published: 4/9/2015
In announcing his candidacy for president, U.S. Sen. Rand Paul waded into new waters when he said he would accept campaign contributions in Bitcoins, a largely untraceable virtual currency, in amounts up to $100. While some state and federal candidates in California, Colorado, New Hampshire, and elsewhere have started accepting Bitcoins, Paul is the first presidential candidate to do so. The novelty of the payment method is likely to help Paul highlight his edgy appeal to other libertarians, tech-savvy voters, young people, and others who favor Bitcoin. But it also raises questions about whether illegal contributions could make their way into campaigns more easily.
From the States and Municipalities:
Arizona – Gov. Doug Ducey Signs Elections-Related Measures
Arizona Capitol Times – Bob Christie (Associated Press) | Published: 4/14/2015
Arizona Gov. Doug Ducey signed a series of bills into law that address campaign finance, voter initiatives, third parties, and political committees. House Bill 2415 allows candidates to take up to $6,250 from an individual donor per election cycle, up from $5,000. House Bill 2649 modifies the definition of “political committee.” State Elections Director Eric Spencer said he crafted the legislation to specify that groups only need register as a political committee if they are organized for the purpose of affecting elections.
Missouri – Though Petition Seeks His Ouster, Ferguson Mayor Says He Is Best Leader for City
New York Times – John Eligon | Published: 4/12/2015
Ever since a white Ferguson police officer fatally shot an unarmed black teenager eight months ago, the city’s mayor, James Knowles, has been thrust into the spotlight in a national debate over race, class, and law enforcement. Among some activists who have taken to the streets, Knowles is viewed as a tone-deaf public official who allowed a racist and corrupt government to operate under his nose. Knowles has defended himself by saying that concerns about racial bias had not been raised on his watch as a public servant, and now that big problems had been laid bare, he was the person best qualified to help the city usher in vital reforms. But that is not enough for a handful of residents who, with support from outside groups, are trying to have Knowles recalled.
Montana – Legislature Clears Campaign Finance Bill; Headed to Governor
The Missoulian; Associated Press – | Published: 4/15/2015
Montana lawmakers gave final approval to a bill requiring more disclosure for so-called dark money spending. Under Senate Bill 289, certain groups would be required to publicize reports on political donations and expenditures if they spend money supporting or opposing candidates or ballot issues. The measure aims to shed light on anonymous money that began flowing into elections after the U.S. Supreme Court’s Citizens United ruling.
Nevada – Bill to Toughen Nevada Campaign Finance Rules Clears Senate
Las Vegas Review-Journal – Sandra Chereb | Published: 4/9/2015
The Nevada Senate passed legislation that would bar lawmakers from accepting gifts from lobbyists and would require candidates file more frequent campaign finance reports. Senate Bill 307, which now goes to the Assembly, also would require lobbyists to report any expenditures made to lawmakers for educational trips, informational meetings, or events, though they would not constitute a gift or political contribution. The bill would require candidates to file campaign finance reports more than twice as often as they do now.
New York – Dean Skelos, New York Senate Leader, and His Son Are Said to Be Focus of Corruption Inquiry
New York Times – William Rashbaum, Susanne Craig, and Thomas Kaplan | Published: 4/15/2015
The New York Times reported a federal grand jury is considering evidence in a possible case against New York Senate Majority Leader Dean Skelos and his son. The focus is on the business dealings of Adam Skelos, including his hiring by an Arizona company that won a local government contract in New York although it was not the low bidder, and a $20,000 signing bonus he received from a title insurance company that never employed him. Investigators are trying to determine whether the elder Skelos used his political influence to help the company, AbTech Industries, which won a $12 million storm-water treatment contract from Nassau County, the senator’s home district.
Rhode Island – Lawmaker McKiernan Allowed to Work with Lobbyists under R.I. Ethics Code, Commission Says
Providence Journal – Katherine Gregg | Published: 4/14/2015
The Rhode Island Ethics Commission said ethics rules do not prohibit state Rep. Daniel McKiernan from forming a law partnership with two other attorneys who are registered lobbyists. The commission noted the code generally allows public officials to enter into most private business associations. It then limits their ability to use their office to benefit themselves or their partners by requiring them to not participate in matters that would financially affect the business. The ethics panel lost its jurisdiction over the General Assembly following a 2009 state Supreme Court decision.
Tennessee – Tennessee House Votes Bible as Official State Book
The Tennessean – Dave Boucher | Published: 4/15/2015
The state House passed a bill to make the Bible the official book of Tennessee, despite opposition from Republican leaders and an attorney general’s opinion that the measure would violate the state and federal constitutions. Rep. Jerry Sexton, a former pastor, argued his proposal reflects the Bible’s historical, cultural, and economic impact in Tennessee. But several opponents raised concerns about putting the Bible on par with other more innocuous state symbols like the official salamander, tree, and beverage. The measure would need to be approved by the Senate before heading to the desk of Gov. Bill Haslam, who opposes it.
Texas – Lawmakers in No Rush to Disclose Wining and Dining
Texas Tribune – Jay Root | Published: 4/15/2015
Two bills aimed at requiring disclosure of lobbyist spending on Texas lawmakers and officials are on the verge of expiring in the Senate State Affairs Committee, according to the sponsor of the measures. Sen. Kirk Watson said he has been told not to expect even a public hearing on the bills, let alone a committee vote. Technically, under current law, a lobbyist who spends more than $114 on any one state official has to report the name of the person who is being entertained with food and drink. But that almost never happens. Watson wants to reduce the reporting threshold to $50, and he would require a detailed disclosure even if multiple lobbyists banded together to get around that lower limit.
Utah – Gay Rights, Religious Rights and a Compromise in an Unlikely Place: Utah
Washington Post – Niraj Chokshi | Published: 4/12/2015
A federal judge in 2013 struck down Utah’s ban on same-sex marriage, giving a lift to activists who had been pushing the state to adopt legislation protecting gay men and lesbians against discrimination in areas such as housing and employment. And as the question of same-sex marriage worked its way through the courts, ultimately winning a date before the U.S. Supreme Court, the Church of Jesus Christ of Latter-day Saints grew eager to reach an amicable compromise on gay and religious rights. It was determined to avoid what church officials saw as a polarized debate in several other states. Eight days after a compromise bill on the issue was introduced, it was signed into law with support from the gay rights group Equality Utah, the American Civil Liberties Union of Utah, and the church, uniquely influential in a state where about three in five residents are Mormon.
Virginia – Virginia General Assembly Vote on Gifts Must Wait until Friday
Roanoke Times – Markus Schmidt and Jim Nolan (Richmond Times-Dispatch) | Published: 4/15/2015
Virginia lawmakers delayed a vote on ethics reform legislation over concerns the measure could be interpreted as putting a $100 lifetime limit on gifts to public officials from lobbyists and others who have financial interests with the state. The General Assembly instead decided to reconvene on April 17 to clarify that the $100 gift limit was per year. Legislators were expected to go along with that change as well as one intended to make it clear they cannot accept trips to widely attended events.
West Virginia – Ethics Commission Grapples with Trinkets Ban
Charleston Gazette – Eric Eyre | Published: 4/9/2015
The West Virginia Ethics Commission will refine its guidance for a soon-to-be enacted law that prohibits elected officials from using public funds to feature their name or likeness on specific items. House Bill 2457 prevents “public officials, their agents or anyone on public payroll” from using their name or likeness on any publicly owned vehicles, in advertising, or on trinkets – small items such as magnets and cups. Commissioners said there needs to be clarification on are what exactly a trinket is and what type of advertising is prohibited.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
April 10, 2015 •
News You Can Use Digest – April 10, 2015
National: This Conservative Group is Tired of Being Accused of Climate Denial – and Is Fighting Back Washington Post – Tom Hamburger, Joby Warrick, and Chris Mooney | Published: 4/5/2015 The American Legislative Exchange Council (ALEC), the conservative partnership of state […]
National:
This Conservative Group is Tired of Being Accused of Climate Denial – and Is Fighting Back
Washington Post – Tom Hamburger, Joby Warrick, and Chris Mooney | Published: 4/5/2015
The American Legislative Exchange Council (ALEC), the conservative partnership of state lawmakers and corporations, is threatening defamation lawsuits against activists who say or suggest the group denies global warming. ALEC recently sent letters to Common Cause and the League of Conservation Voters, asking them to “cease making false statements” and “remove all false or misleading material.” Both organizations have said ALEC, through the policies it lobbies for in states, denies the scientific consensus that humans are significantly changing the climate. They said they would not follow ALEC’s demands. ALEC, among other policies, encourages states to fight regulations and laws meant to combat climate change, like the Environmental Protection Agency’s carbon rules for power.
Federal:
Comcast Recruits Its Beneficiaries to Lobby for Time Warner Deal
New York Times – Eric Lipton | Published: 4/5/2015
Comcast, the media conglomerate long known for its aggressive lobbying operation, has enlisted a vast network of allies to press federal regulators to approve its proposed $45 billion takeover of Time Warner Cable. Letters to Congress supporting the transaction and praising Comcast have come from the Houston Area Urban League and the Dan Marino Foundation in Florida, among others. The argument for the merger has been reinforced by academic papers from groups like the International Center for Law and Economics. More endorsements have come in from elected officials like Mississippi Gov. Phil Bryant. But there is a common element to dozens of these appeals: the senders received money from Comcast in recent years, either as a charitable donation, corporate support, or a political contribution.
K St. Firms on Edge about Hacking Threat
The Hill – Elise Viebeck | Published: 4/8/2015
Fearing a data breach, public policy shops on K Street are scrambling to lock down their networks against intrusions by hackers, cyber criminals, and foreign governments. Some firms have begun to encrypt their emails and undergo annual security audits in hopes of avoiding an attack that could tarnish their reputations and send clients fleeing to competitors. The pursuit of better data security is intensifying at a time when Chinese and Russian hackers are targeting Washington with increasingly sophisticated online attacks. Law, lobby, and consulting firms are often privy to sensitive information from their corporate clients, making them appealing targets. But while some firms are focused on strengthening their cyber defenses, experts say progress across the industry is uneven.
Menendez Indictment Marks First Big Corruption Case Involving a Super PAC
Washington Post – Matea Gold | Published: 4/2/2015
The case against U.S. Sen. Robert Menendez is the first time that super PAC donations have figured prominently as evidence of a political corruption scheme, renewing questions about how independently such groups operate. The indictment. The indictment against Menendez and Dr. Salomon Melgen hinges in part on $600,000 that Melgen gave to the Senate Majority PAC, a Democratic super PAC, earmarked to support Menendez’s 2012 re-election bid. The Justice Department argues the donations were among the things of value Melgen offered Menendez so the senator would use his position to help Melgen’s businesses. The case illustrates how super PACs, which can accept unlimited contributions and are supposed to be walled-off from the candidates they support, are viewed by donors as vehicles to ingratiate themselves with politicians.
Network of ‘Super PACs’ Says That It Has Raised $31 Million for Ted Cruz Bid
New York Times – Nicholas Confessore | Published: 4/8/2015
A set of newly formed super PACs backing U.S. Sen. Ted Cruz for president expects to collect more than $31 million in contributions in one week. Although super-PACs have radically changed the pace at which committees backing presidential candidates can raise money, the Cruz haul is remarkable. There are no known cases in which an operation backing a White House hopeful has collected this much money in such a short period of time.
From the States and Municipalities:
California – California Lawmakers’ Campaign Debt Piled High in 2014
Sacramento Bee – Jim Miller | Published: 4/7/2015
Many California lawmakers and unsuccessful candidates continue to live with reminders of costly campaigns. Lawmakers reported about $3.7 million in unpaid bills and personal loans from last November’s elections. Debt retirement fundraisers around the Capitol have been common in recent weeks. Yet such fundraising has long troubled campaign finance watchers. “When you’re raising the money for yourself, it’s going into your own pocket – you’re more grateful to the donor,” said Robert Stern, the former top attorney at the Fair Political Practices Commission who helped write the Political Reform Act.
Florida – When Leaders Became Lobbyists
InsuranceNewsNet.org – Jason Garcia | Published: 4/5/2015
Since 2006, more than two dozen former lawmakers in Florida have made the jump to lobbying, about one of every eight who have left the Legislature over the last five election cycles. The list includes two former House Speakers (Dean Cannon and Larry Cretul) and two former Senate presidents (Mike Haridopolos and Ken Pruitt). In some respects, the transition into lobbying is a logical extension of the skills that legislators need to advance into leadership positions in the first place. Once in a top spot, legislative leaders must be able to understand and work on a broad range of public policy issues and cultivate, maintain, and balance relationships with all manner of businesses and advocacy groups.
Illinois – Chicago Waiting to See if Runoff Truly Has Humbled Rahm Emanuel
New York Times – Monica Davey | Published: 4/8/2015
Mayor Rahm Emanuel defeated challenger Jesus Garcia on April 7, capturing a second term in Chicago’s first-ever runoff election. Yet the fallout for Emanuel from the past six weeks, a period of frenetic campaigning and humbling public self-examination, will be lasting. A tangible bloc of dissent has loudly made its case in a city where Emanuel and the mayors before him had often governed with little effective opposition and most council members in lock step. Even given a decisive margin of victory, the episode has raised a sense of vulnerability around Emmanuel’s political career, and an expectation from some here that his second term in City Hall may look different, in style and perhaps substance, from the first.
Missouri – Missouri House Passes Lobbyist Gift Cap, Cooling Off Period
Kansas City Star – Jason Hancock | Published: 4/2/2015
The Missouri House passed legislation that would cap lobbyist gifts at $25 and ban lawmakers from becoming lobbyists for at least one year after leaving office. Those two provisions differ from the version passed by the state Senate earlier this year, meaning differences have to be worked out before it could be sent to the governor. Missouri is currently the only state with the no caps on lobbyist gifts, no limits on campaign contributions, and no “cooling-off” period for lawmakers.
Missouri – Suicides by Missouri Politicians Raise Questions about State Ethics
KSMU – Frank Morris | Published: 4/9/2015
In February, state Auditor Tom Schweich, a leading candidate for the Republican Party’s nomination for governor, shot himself. Then in March, his press secretary, Spence Jackson, took his own life. The tragedies have sparked fresh scrutiny of Missouri’s increasingly bruising political system. Friends said Schweich was distraught over a coordinated assault from Republicans colleagues backing his chief primary opponent. With voting still more than a year away, they had already launched an attack ad, in the style of the Netflix series House of Cards. Former U.S. Sen. Jack Danforth said Missouri politics has devolved into an arena where ruthless operatives, financed by a wealthy few, battle for power.
New Jersey – Indictments May Be Near in George Washington Bridge Scandal
New York Times – Kate Zernike | Published: 4/8/2015
The New York Times reported that indictments may be coming soon in the investigation into improper lane closures at the George Washington Bridge that has also led to questions about conflicts-of-interest possibly involving Gov. Chris Christie and the Port Authority of New York and New Jersey. The probe was launched a few months after three lanes were closed to the bridge in 2013, causing gridlock in Fort Lee. Emails revealed the lanes were shut down on the orders of a Christie aide. Some believe the lane closures were retribution for the failure of Fort Lee Mayor Mark Sokolich to endorse Christie’s bid for re-election. The Times reported federal prosecutors may bring indictments under a statute that makes it a crime to use the bridge for something other than it intended purpose.
New York – Cuomo Expands Lobbying Oversight to Localities
Capital New York – Jimmy Vielkind | Published: 4/3/2015
The new ethics laws approved in New York as part of the budget deal greatly expand state oversight of municipal lobbying. New York’s lobbying law requires anyone who spends more than $5,000 in an attempt to influence any local law or ordinance, or any pending procurement action, to register its activities with the Joint Commission on Public Ethics. The law had applied to government entities with more than 50,000 people; that threshold was decreased to 5,000 people and was expanded to include school districts of any size. Experts said the onus of disclosure is on the person or company doing the lobbying.
Utah – Tribe’s Infighting Offers Glimpse into Redskins Foundation’s Tactics
Washington Post – John Woodrow Cox | Published: 4/2/2015
A Utah tribal leader was ousted from office for accepting gifts from the Washington Redskins, which council members say wrongly linked their tribe to the National Football League team’s divisive name. Members of the council of the Paiute Indian Tribe said they voted unanimously to remove Chairperson Gari Lafferty, who was accused of misconduct and ethical violations for taking an autographed football and a trip to Washington to attend a game last year. Lafferty said the tribe does not have an official position on the name, but she does not have a personal problem with it. She said the allegations are more related to her leadership style.
Virginia – Norment Won’t Discuss Lobbyist Relationship
The Daily Press – Travis Fain | Published: 4/6/2015
Virginia Senate Majority Leader Tommy Norment acknowledged seeing a lobbyist “personally” in a response to a state bar complaint lodged against him. A pair of Senate Republicans said they have no reason to believe Norment pushed legislation one way or another based on a relationship with a lobbyist. Nothing in Senate rules forbids a physical relationship with a lobbyist; neither do state ethics rules. Adultery, though, is a misdemeanor under Virginia law. During his career, Sen. John Watkins said he has heard of “maybe a dozen” relationships between legislators and lobbyists, staffers, or state agency officials. “From time to time, yeah, it happens – we’re all human beings,” said Watkins.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
April 3, 2015 •
News You Can Use Digest – April 3, 2015
National: The Political Kingmaker Nobody Knows Center for Public Integrity – Ben Wieder | Published: 3/26/2015 Manoj Bhargava and several of his Michigan-based companies have given at least $5.3 million to candidates for state office and political groups around the country […]
National:
The Political Kingmaker Nobody Knows
Center for Public Integrity – Ben Wieder | Published: 3/26/2015
Manoj Bhargava and several of his Michigan-based companies have given at least $5.3 million to candidates for state office and political groups around the country since 2009. But Bhargava remains a mystery man, even to many of the people who are benefiting from his largesse. Such donors are typically well known and aggressively courted by politicians who need their favor and funding to pay for campaigns. Yet Bhargava avoids the spotlight, both in politics and life, and he has gone to great lengths to obscure his political activity, even as his signature product – 5-hour Energy – draws more scrutiny from some of the same politicians he is supporting.
Federal:
Rapper-Backed Group Illustrates Blind Spot in Political Transparency
Center for Public Integrity – Michael Beckel | Published: 3/31/2015
Super PACs are supposed to be transparent political committees, publicly disclosing who funds them. But limited liability companies (LLCs) can serve as vehicles for large donors to contribute to the groups, many of which are aligned with specific political candidates, while hiding their identities from voters. Some states, such as Delaware and Wyoming, do not require LLCs to identify the living, breathing people who own or control them. Instead, they need to provide only the name of a “registered agent,” which is often a company that exists only to serve as the registered agents for LLCs. New rules for LLCs have not been discussed at the FEC.
Sen. Robert Menendez Indicted
Washington Post – Paul Kane and Carol Leonnig | Published: 4/1/2015
U.S. Sen. Robert Menendez (D-N.J.) was indicted on corruption charges, accused of using his office to improperly benefit a Florida ophthalmologist and political donor. Menendez faces 14 counts, including bribery and conspiracy, over his ties to Dr. Salomon Melgen, who was also was charged in the case. The senator has acknowledged taking actions that could benefit Melgen, among them contacting U.S. health agencies to ask about billing practices and policies. He has repeatedly denied any wrongdoing and suggested any gifts he received from Melgen were part of a close friendship. Melgen came under renewed scrutiny when government data last year showed he had received more in Medicare reimbursements in 2012 than any other doctor in the country.
From the States and Municipalities:
Arkansas – Senators Approve Improper-Gifts Bill
Arkansas Online – Michael Wickline ands Spencer Williams | Published: 4/2/2015
State officials who accept improper gifts from lobbyists would be able to avoid sanctions if they returned the gifts within 30 days, under legislation approved by the Arkansas Senate. If the prohibited gift were not returnable, the state official could pay the donor “consideration that is equal to or greater than the value of the gift” within those 30 days without penalty. Senate Bill 967 also would limit who can dine when an event is held for a legislative committee. Under the bill, lawmakers who do not serve on that committee would be prohibited from accepting free food and drinks. Senate Bill 967 amends state ethics laws and Amendment 94 to the Arkansas Constitution and requires a two-thirds vote for approval in both chambers.
Indiana – Indiana Law Draws Republican White House Hopefuls into the Culture Wars
Washington Post – Philip Rucker and Robert Costa | Published: 3/31/2015
Most top Republican presidential hopefuls have moved in lock step to support Indiana Gov. Mike Pence and the state’s Religious Freedom Restoration Act, which has prompted protests and national calls for boycotts by major corporations. The agreement among the likely GOP candidates illustrates the enduring power of social conservatives in early-voting states such as Iowa and South Carolina, which will help determine who emerges as the party’s nominee next year. But the position puts the field out of step with a growing national consensus on gay rights, handing Democrats a way to portray Republicans as intolerant and insensitive. Some Republicans also fear Indiana is only the first in a series of brush fires that could engulf the party as it struggles to adapt to the nation’s changing demographics and social mores.
Minnesota – Leap from Legislator to Lobbyist a Short One in Minnesota
St. Paul Pioneer Press – Rachel Stassen-Berger and Dan Bauman | Published: 3/28/2015
While many states and the federal government mandate a waiting period for departing lawmakers to become lobbyists, in Minnesota that is not the case. A St. Paul Pioneer Press analysis of registered lobbyists found since 2002 alone, at least five dozen legislators have registered to lobby their former colleagues after their terms expired. Some wait years after leaving the Legislature before becoming lobbyists; others delay only a few days. And a few, like former Sen. Dick Day, left their terms mid-session to lobby for issues on which they had previously voted.
New Mexico – How a Reform Bill Loses Its Teeth in 60 Days
KRGW – Michael Sol Warren (New Mexico In Depth) | Published: 3/27/2015
New Mexico lawmakers debated a bill this year that would have reveal to the public how lobbyists go about influencing legislators. In its original form, House Bill 155 required lobbyists to report a detailed list of expenses and which issues they are employed to work on, and organizations that employ lobbyists would have had to file a separate expense report. The version that passed only requires the secretary of state to create a searchable database of lobbyists. So how did the bill go from its original form, with so many requirements, to the watered-down proposal that now awaits Gov. Susana Martinez’s signature?
New York – Loopholes Seen in New Ethics Disclosure Rules for New York Legislators
New York Times – Susanne Craig and Thomas Kaplan | Published: 3/31/2015
New York lawmakers approved a $142 billion state budget that enacts new legislative disclosure rules intended to address corruption in Albany. But watchdogs said the fine print in the agreement suggests much will remain in the shadows. Five good-government groups, which have been pushing for broad changes to the state’s ethics laws, denounced the proposals as “incremental reform” and said it did not address a loophole that allowed corporations to give large campaign donations as smaller gifts that disguise the source of the money. They also criticized lawmakers for not releasing details of the reform until just hours before they were set to vote, leaving little time for public discussion.
Ohio – Political Strings Attached to Ohio College Scholarships?
Columbus Dispatch – Collin Binkley and Jim Siegel | Published: 3/30/2015
The Ohio Association of Career Colleges and Schools, a lobbying group that represents for-profit schools statewide, requires students to get a state lawmaker’s signature to be considered for its Legislative Scholarship program. The awards are valued at up to $44,000 each. Association leaders said the goal is to promote civic engagement by putting students in touch with elected officials. But critics see the program as a veiled lobbying effort intended to gain favor with legislators. It allows lawmakers to take credit for helping students even though the money is from the association. Others worry it could be a foothold for corruption. Two other states have banned or reformed similar programs after lawmakers awarded scholarships to family members, friends, and political backers.
Pennsylvania – AG Kane Quashed Subpoenas in Casino Investigation, Sources Say
Philadelphia Inquirer – Craig McCoy and Angela Couloumbis | Published: 4/1/2015
Pennsylvania Attorney General Kathleen Kane reportedly undermined a corruption investigation against a former state gaming official, according to a Philadelphia Inquirer story. Anonymous sources said Kane revoked several subpoenas, including one involving former casino owner Louis DeNaples, shortly after taking office in 2013. The subpoenas were reportedly part of an investigation into the actions of Douglas Shiffer, former assistant counsel to the state Gaming Control Board. Shiffer allegedly shared information with DeNaples about a review of DeNaples’ casino license bid. The Inquirer reported Shiffer was hired to serve as general counsel for DeNaples’ Mount Airy Casino and Resort after DeNaples won the license. DeNaples contributed $25,000 to Kane’s campaign several months after the subpoenas were revoked, according to the report.
Texas – Austin’s Lobbying Rules Often Unheeded, Unenforced
Austin American-Statesman – Lilly Rockwell | Published: 3/28/2015
A long-overlooked section of Austin’s city code is murky on the definition of who must register as a lobbyist, which has resulted in the law being all but dismissed by some who advocate at City Hall. Watchdogs say the problem is no that lobbyists secretly shower city council members or staff with lavish meals or gifts, but that there is a lack of transparency about the level of influence some outside groups or individuals have. And by not registering as lobbyists, people with a financial stake in setting city policy are able to sit on boards and commissions.
Texas – Pressure-Packed City Council Vote Ends with Lobbyist Charged with Assault
KTRK – Ted Oberg and Trent Seibert | Published: 3/25/2015
The Houston City Council approved the bulk of $1.6 billion in airport concession contracts despite ongoing controversy about the fairness of the bidding process, including allegations that some winning companies crossed ethical lines. Many well-connected companies have been vying for the lucrative deals in what those at City Hall have dubbed “food fights.” That metaphor turned into an actual scuffle as one lobbyist pressed simple assault charges on another for shoving him in the hallway outside council chambers.
Utah – Mormon Church Lobbying in Utah’s Capitol – Hardball or Light Touch?
Salt Lake Tribune – Lee Davidson | Published: 3/29/2015
Former Utah Rep. Carl Wimmer caused an uproar by accusing the LDS Church of bullying Mormon lawmakers on such controversial topics as illegal immigration, alcohol, and the new law to protect gay and lesbian residents from workplace and housing discrimination. A couple of former legislators back Wimmer, who recently left the LDS Church to become an evangelical Christian. A far larger group of Mormon lawmakers say they have never experienced the kind of heavy-handed tactics described by Wimmer. In a state where more than 80 percent of legislators are Mormon, LDS positions can virtually assure passage of a bill or stop it in its tracks.
Virginia – McAuliffe Vows to Amend Ethics Bills to Close Loopholes
Washington Post – Laura Vozzella and Tom Jackman | Published: 3/27/2015
Virginia Gov. Terry McAuliffe said he is amending ethics legislation passed by the General Assembly to further limit gifts lawmakers can accept from lobbyists. Lawmakers this year passed bills that would limit each gift to $100. But they came under criticism for perceived loopholes, including the lack of a cap on the number of those $100 gifts. McAuliffe said his amendments include an aggregate cap of $100 annually per lobbyist or entity seeking a contract with the state, a policy he said his administration already follows. The governor said he decided not to push for an ethics commission, independent of the Legislature, that would have powers to audit and issue subpoenas. Lawmakers opposed that idea.
Wisconsin – Campaign Money Tests Wisconsin Justices’ Impartiality
New York Times – Monica Davey | Published: 3/27/2015
The contentious 2011 elections for the Wisconsin Supreme Court wound up costing $5.7 million, including about $4.3 million in so-called issue ads paid for by outside groups. In the coming weeks, that outside campaign spending may be at issue again as the justices consider whether an investigation can proceed into claims that Gov. Scott Walker’s campaign improperly coordinated the spending by conservative groups during campaigns to recall him. Adding to the debate over judicial partisanship is a ballot measure that would allow a majority of justices to select the chief justice, who for over a century has been chosen by seniority. Under a policy approved by the state Supreme Court in 2010, judges need not recuse themselves from a case “based solely” on an endorsement, campaign contribution, independent expenditure, or issue advocacy.
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