National:

An Upbeat End to a Turbulent Year for Conservative State Legislature Group
Washington Post – Tom Hamburger | Published: 12/3/2014

Early in 2014, ALEC lost some of its most esteemed corporate partners – including Google, Microsoft, Yahoo, and Facebook – who decided not to renew their memberships following complaints that the organization questioned climate science. But then came Election Day in November, which delivered massive gains for state lawmakers backed by the group and left a record number of state legislative chambers in Republican hands. Thus ALEC is ending the year with upticks in the number of corporate members and in interest from legislators.

How Do Countries Rank on Corruption?
Los Angeles Times – Alexandra Zavis | Published: 12/2/2014

A report from Transparency International shows how levels of corruption vary around the world. The group ranked 175 countries on factors such as the prevalence of bribery, how countries prosecute corruption, and how governments respond to their population’s needs, such as guaranteeing basic human rights. North American and European countries were relatively less corrupt than countries in South America, Central Africa, and Asia. Somalia and North Korea ranked as the most corrupt countries in the world. Denmark and New Zealand were the least corrupt. The U.S. came in 17th place.

Federal:

15 Places in DC Where Lobbyists Talk Turkey
The Hill – Megan Wilson | Published: 11/28/2014

There are more than 11,000 lobbyists in Washington, D.C. and an ever-growing assortment of places for wining and dining, from the smoke-filled rooms for which the city is famous to trendy cocktail lounges and four-star restaurants. There are some venues, however, that have emerged as staples for K Street business. While each of the roughly two-dozen lobbyists that responded to The Hill’s inquiry for their favorite places to dine, drink, and do business, Washington boasts 15 places where lobbyists are almost definitely expected to be found.

Federal Judge Tosses out FEC Donor Disclosure Rule, Calling it Too Narrow
Washington Post – Matea Gold | Published: 11/25/2014

A federal judge again tossed out an FEC rule that allowed nonprofit organizations running so-called issue ads to keep their donors secret, in a setback for groups such as the U.S. Chamber of Commerce and Crossroads GPS. U.S. District Court Judge Amy Berman Jackson said the rule is “arbitrary, capricious, and contrary to law.” The case hinges on a 2007-era regulation stating organizations that run issue ads close to Election Day only have to reveal donors who give for the explicit purpose of financing those spots. Under the rule, few groups running such ads have reported their contributors.

Know Before You Go: An ethics overview for Capitol Hill holiday parties
Roll Call – Kate Ackley | Published: 12/1/2014

The same congressional ethics regulations that ban lobbyists from treating lawmakers and staff to most lunches, dinners, or other gifts also govern the December social circuit in Washington. The “reception exemption” is the top carve out to the rules that most K Street party planners employ. “If it looks like a reception, then it’s OK; members and staff are allowed to attend a reception that’s purely social and a holiday celebration,” said William Minor, a lawyer at DLA Piper who specializes in ethics and lobbying laws. But beware anything that looks like a meal, or even opulent tiny bites such as caviar or truffles.

From the States and Municipalities:

California – L.A. Voters Won’t Be Offered Cash Prizes in March City Election
Los Angeles Times – David Zahniser | Published: 12/2/2014

The idea of luring Los Angeles voters to the polls with cash prizes will not be used during next year’s March or May elections. The city Ethics Commission had suggested holding a lottery to improve voter turnout, which was 23 percent for last year’s mayoral run-off. Voters would be eligible for prizes of $25,000 or $50,000. Opponents said that was bribery and would do little to make sure voters were well-informed on issues and candidates.

Florida – Former Attorney General’s Contact with Pam Bondi’s Office Raises Questions
Miami Herald – Michael Van Sickler (Tampa Bay Times) | Published: 12/1/2014

Bill McCollum is not just Pam Bondi’s predecessor as Florida attorney general; he also leads the Republican State Leadership Committee, which has championed Bondi’s advancement. During the 19 months that McCollum served as vice chairperson of the group, it contributed $650,000 to Bondi’s re-election campaign, more than 10 percent of what she raised, and chipped in another $16,000 in gifts so she could attend conferences with other Republican attorneys general. Now specializing in public policy and regulation at Dentons, an international law firm, McCollum contacted Bondi’s office on behalf of his clients, but did not register himself or list his clients with the state, which is a requirement for anyone who lobbies the executive branch.

Maryland – New Maryland Rules Would Curb Some Uses of Campaign Funds
Baltimore Sun – Michael Dresser | Published: 11/29/2014

New rules proposed by the State Board of Elections would bar candidates in Maryland from using their campaign funds to pay for such things as foreign travel, tuition, or mounting a legal defense to charges unrelated to the campaign. In addition to the prohibition on some uses of campaign funds, the board is proposing explicit rules on what actions violate the state’s longtime ban on legislators and statewide elected officials raising money during the legislative session. Among the practices banned is one in which officials send out a notice during the 90-day session to “save the date,” code in political circles for announcing a fundraiser.

Missouri – Missouri Lawmakers Face Renewed Calls to Change Loose Ethics Laws
Kansas City Star – Jason Hancock | Published: 11/26/2014

Some Missouri lawmakers say support is building to tighten state ethics laws that are among the loosest in the nation, but they warn that any reform probably would not include campaign contribution limits. The state allows legislators to accept unlimited gifts from lobbyists, collect political donations of any size, and lets lawmakers become lobbyists the moment they leave office. For years, some lawmakers have sought to change that, and each time those efforts have run into a wall of legislative opposition. Some think the 2015 legislative session could be different, with several longtime opponents of ethics reform out of office and legislative leaders voicing support for tackling the issue.

North Carolina – Redrawn Political Lines Create Sparse Choice for Voters
Ashville Citizen-Times – Mark Barrett | Published: 12/2/2014

Results of this year’s general election have once again fueled concerns about North Carolina’s redistricting process, one in which the General Assembly draws lines for U.S. House and legislative districts once a decade. Exactly half of all 120 state Houses races in November featured only one candidate. In the Senate, 19 of 50 races had just the one candidate. Only 30 to 40 of the remaining seats in the two chambers were truly “in play,” meaning either candidate had a realistic chance of winning, according to experts. Critics say the lack of competition means officeholders cater to the extreme wings of their parties, the party in power gets a disproportionate share of the seats, and voters are less likely to take an interest in public affairs.

Virginia – Ethics Commission Recommends More Caps on Free Meals, Trips for Virginia Lawmakers
The Tribune – Alan Suderman (Associated Press) | Published: 12/1/2014

A panel examining Virginia’s ethics laws recommending that state lawmakers not be able accept meals, trips, and entertainment worth more than $250 from lobbyists and others. The Commission on Integrity and Public Confidence in State Government included the recommendation in an interim report submitted to Gov. Terry McAuliffe. The commission had outlined its recommendations at a meeting in November, but now it has formally presented them to McAuliffe. The governor is expected to use the report to form the basis of ethics legislation he will propose for the General Assembly session that begins in January.

Washington – Ethics Panel Eyes Lawmakers’ Meals
The Columbian; Staff –   | Published: 12/2/2014

The Legislative Ethics Board has limited the number of free meals that Washington lawmakers could accept to 12 meals a year, and legislators currently have to report meals costing more than $50. At a recent meeting, the board approved a motion requesting that lawmakers publicly report free meals, no matter the dollar value. The Legislature must approve the reporting requirement.

West Virginia – Report Suggests Davis Conflict in Nursing Home Case
Charleston Gazette – Kate White | Published: 12/2/2014

An ABC News report said an attorney helped raise thousands of dollars for West Virginia Supreme Court Justice Robin Davis’ 2012 re-election campaign and later purchased a private jet from Davis’ husband for more than $1 million. The attorney, Michael Fuller, would later argue a high-profile nursing home case in front of Davis. Although the justices reduced a $90 million verdict against a nursing home to about $40 million, Fuller’s law firm received more than $17 million. Davis has said she is against changing the rules justices use to determine whether they should step down from certain cases.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

National:

Governors and Oil Industry Work Hand in Hand in Offshore Drilling Group
Center for Public Integrity – Nicholas Kusnitz | Published: 11/24/2014

For the past three years, a group of eight, mostly Republican governors from coastal states has been lobbying the Obama administration to expand access to the nation’s offshore oil and gas deposits, working through an organization called the Outer Continental Shelf Governors Coalition. A review public documents obtained by the Center for Public Integrity shows much of the coalition’s work has been carried out by HBW Resources and the Consumer Energy Alliance, a group that has channeled millions of dollars in corporate funding to become a leading advocate at the state level for drilling.

Unions Rethink Strategy after Election Losses
Governing – Alan Greenblatt | Published: 11/21/2014

Some union officials want to rethink the labor movement’s approach to politics in the wake of the midterm elections. Having long tied their fortunes to Democrats, at least some union leaders are thinking about returning to the basics of providing professional services to members and emphasizing issues, rather than candidates. “Unions have to be aggressively pushing for the issues we really believe in,” said Gabe Morgan, a Service Employees International Union director in Pennsylvania, referring to the success of minimum wage increases on several state ballots.

Federal:

Meet the New Super Donors
Campaigns & Elections – Kevin Bogardus | Published: 11/24/2014

Lobbyists and other donors can give to as many candidates and groups as they want with no aggregate cap in place as a result of the U.S. Supreme Court’s McCutcheon ruling. The Center for Responsive Politics has found this campaign season that roughly 20 K federal lobbyists have exceeded the now vanquished limit with their political donations for the 2014 elections. Yet lobbyists only make up a portion of this new class of super donor. It has found nearly 500 contributors overall who have passed the old limit, donating $83.7 million to candidates and political committees, about $22.5 million over what they could give under the previous cap.

Some in G.O.P. Fear That Their Hard-Liners Will Alienate Latino Voters
New York Times – Jackie Calmes | Published: 11/21/2014

Some Republicans say their party faces a challenge in framing their opposition to President Barack Obama’s executive action on immigration in a way that does not antagonize Latinos and other minority groups like Asian-Americans, much as Republicans lost African-Americans’ support in the civil-rights era. Many GOP candidates who won in the midterm elections took stands against “amnesty” for those here illegally with little fear of political penalty because few close contests were in places with significant Latino populations.

Survey Says: Constituents lobby best
The Hill – Vickie Needham | Published: 11/20/2014

The Congressional Management Foundation, in a three-year survey of Capitol Hill staffers, found constituent visits to the Washington office (97 percent) and to the district office (94 percent) have “some” or “a lot” of influence on undecided lawmakers, more than any other strategy. The group is releasing a research-based guide for individuals and groups on how to schedule, conduct, and follow-up on meetings with lawmakers. The report explores issues such as the best time to request a meeting, what to discuss, and what are the preferred locations.

From the States and Municipalities:

Alaska – Bill Walker, Next Governor for Alaska, Traversed Unlikely Path
New York Times – Kirk Johnson | Published: 11/24/2014

Earlier this year, Bill Walker was running for governor of Alaska as an independent candidate with no party, little money, and almost no chance of victory two months before Election Day. Incumbent Gov. Sean Parnell, a Republican in a right-leaning state, was facing two opponents on the ballot – Walker and Democrat Byron Mallott – who would most likely split the state’s moderates and liberals. Mallott concluded neither he nor Walker had any hope of winning alone, but together they might have a chance. Mallott forfeited the Democratic Party nomination for governor and joined forces with Walker on the independent ballot line as the lieutenant governor candidate. Walker won the election by about 6,200 votes out of 285,000 cast, one of the closest gubernatorial elections in state history.

Arizona – Horne Pays $10,000 Settlement in Campaign-Violations Case
Arizona Republic – Julia Shumway | Published: 11/20/2014

The Citizens Clean Elections Commission (CCEC) approved a settlement with Attorney General Tom Horne over allegations he used his office staff to work on his failed re-election campaign. Horne did not admit guilt by agreeing to the settlement, but personally paid a $10,000 fine. CCEC Executive Director Thomas Collins said Horne used more than $300,000 worth of state employee time and rent in his unsuccessful race. That amount was not reported on his campaign finance forms.

Connecticut – Lawmakers Look to Close ‘Kennedy Loophole’
The News-Times – Neil Vigdor | Published: 11/20/2014

When Connecticut lawmakers reconvene for the new legislative session in January, the General Assembly is expected to discuss new limits on how much state parties can contribute to individual candidates. The push comes after Ted Kennedy, Jr. received $207,000 in aid from the Democratic State Central Committee for his victorious state Senate campaign, despite being bound by spending limits as a taxpayer-funded candidate.

District of Columbia – Marion Barry, Washington’s ‘Mayor for Life,’ Even After Prison, Dies at 78
New York Times – David Stout | Published: 11/23/2014

Former District of Columbia Mayor Marion Barry, who overcame an embarrassing public drug arrest while in office to return as mayor and city council member, died on November 23 at the age of 78. On January 18, 1990, Mayor Barry was arrested in a Washington hotel room while smoking crack cocaine. The arrest, videotaped in an undercover operation, caused a sensation. While his arrest and his public declaration that he had been set up defined Barry for the nation, his role in the city as the pre-eminent political leader and champion of the underclass continued to thrive. The former civil rights activist remained beloved as an advocate of what he called the “last, the least, and the lost” and of the city’s continuing struggle for self-determination.

New York – Text Me the Money: New form of donations coming to city campaign finance program
Gotham Gazette – Kristen Meriwether | Published: 11/24/2014

The New York City Campaign Finance Board is expected to pass new rules that will govern how campaigns accept contributions via text message. A 2013 law allows candidates running for local offices to accept contributions through what is typically a cell-phone-based format. If a text-message donor is a New York City resident, the given funds will be eligible for public matching dollars. The proposed rules will limit text message contributions to $99. There was no objection to the donation limit at a recent hearing, but there was discussion about the rules regarding the timing of texted contributions.

Rhode Island – Rhode Island Investigating Former State Attorney General
New York Times – Eric Lipton | Published: 11/21/2014

The Rhode Island secretary of state’s office said it has asked ex-state Attorney General Patrick Lynch for more information about his interactions with his former office in an attempt to determine whether he should have registered as a lobbyist. Lynch has told the Associated Press he was not lobbying and had complied with all laws. The investigation of comes in response to an article in The New York Times that examined the surge in lobbying of state attorneys general across the country, much of it by former officials like Lynch.

Virginia – Va. State Senators Propose No Gifts More Than $100 for Officials
WUSA; Staff –   | Published: 11/24/2014

Two Virginia senators have written a bill that would eliminate gifts of more than $100 for officials or employees of state government agencies. The bill would also require review of any intangible gifts, including compensated travel or event ticket, by the Conflicts of Interest and Ethics Advisory Council.

Washington – Washington’s Lobbying Corps Populated By Former Lawmakers, Staffers
KUOW – Austin Jenkins | Published: 11/19/2014

Unlike 32 other states, Washington does not require a waiting period to slow the “revolving door” from state service to lobbying. The New York Times recently reported that former Washington Attorney General Rob McKenna was lobbying his former office less than a year after he left his position. There are 960 registered lobbyists and lobbying firms in Washington state; among them are several former government insiders such as lawmakers, agency directors, and key staffers. Rep. Reuven Carlyle announced his intention to introduce legislation in January to require a waiting period.

Wisconsin – John Doe Froze Conservative Speech, Targets Say
Wisconsin Reporter – M.D. Kittle | Published: 11/23/2014

Targets of Milwaukee County District Attorney’s John Chisholm’s investigation of Wisconsin conservatives say the probe effectively chilled conservative donors and volunteers during the midterm elections. “We spent, but we didn’t spend like we did in the last couple of cycles, and I believe a good part of that was related to the John Doe investigation,’ said one source, whose organization has been targeted in the politically charged inquiry.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

National:

A Citizen’s Guide to Buying Political Access
New York Times – Tara Siegel Bernard | Published: 11/18/2014

A recent study provides some confirmation of what many voters have long assumed: campaign donations buy access to politicians. Precisely how much money it takes to gain access is up for debate, and it will vary across offices, but even politicians themselves have admitted big donors get special treatment. As long as there is not an exchange of money for favors, the potential influence of large donors has been deemed acceptable by the U.S. Supreme Court, which in recent decisions relaxed rules on financing campaigns. At the state level, research has found money is more influential in some Legislatures than in others, and what is considered a meaningful donation will also differ.

Federal:

How the GOP Used Twitter to Stretch Election Laws
CNN – Chris Moody | Published: 11/15/2014

The National Republican Congressional Committee and a pair of GOP-aligned outside groups, the American Action Network and American Crossroads, used anonymous Twitter accounts to share polling information ahead of the 2014 elections, according CNN. That allowed them to skirt rules banning private sharing of information between outside groups and the national parties, rules that have been increasingly circumvented as campaign finance laws have crumbled in the wake of the U.S. Supreme Court’s Citizens United decision. There are still rules preventing direct coordination but campaigns and committees often publicly post information, messaging, and video footage in order to let super PACs and other outside groups use the information.

New Senators Tilt G.O.P. Back toward Insiders
New York Times – Jeremy Peters | Published: 11/15/2014

When Republicans take over the U.S. Senate in January, the 11 men and women of the party’s freshman class will be, with a lone exception, people whose careers blossomed inside the government bureaucracy. They are a counterintuitive fit with the anti-government, anti-establishment fervor that has energized the GOP of late. And their victories seem hard to reconcile with the strong hostility toward government institutions that dominated the recent midterm elections.

Top Spenders on Capitol Hill Pay Billions, Receive Trillions
Sunlight Foundation – Bill Allison and Sarah Harkins | Published: 11/17/2014

The Sunlight Foundation has devised a new way to gauge how much power corporations wield in Washington, D.C. The foundation took the 200 corporations most active in the capital, analyzed the years 2007 to 2012, and applied several metrics: what the companies got in federal contracts and other federal support, what they spent on lobbying, and how much their executives and PACs gave in campaign contributions. Bill Allison, the foundation’s editorial director, said the top 200 corporations accounted for nearly $6 billion in lobbying and campaign contributions; those same companies benefited from more than $4 trillion in federal contracts and assistance.

From the States and Municipalities:

Idaho – Lawyer-Lobbyists Influence Idaho Law
Idaho Statesman – Audrey Dutton | Published: 11/19/2014

Roy Eiguren, a 62-year-old Boise attorney and lobbyist, remembers a day in 2004 when Idaho lawmakers in a special session started at 8:30 a.m. and had an electric-utilities bill on the governor’s desk by 4 p.m. Eiguren was the primary draftsman on the bill. “… It was, I think, a great example where a lawyer who is a lobbyist can play a very significant role,” said Eiguren. He and other lawyers say they happened into lobbying and have witnessed a transformation in Idaho politics and Capitol culture.

Maine – Maine Ethics Commission Wants More Money to Shed Light on Campaign Spending, Lobbying
Lewiston Sun Journal – Mario Moretto (Bangor Daily News) | Published: 11/19/2014

The Maine Commission on Governmental Ethics and Election Practices is looking for additional funding to increase transparency on the financing of campaigns and lobbying. The request would divert all of the revenue from lobbyist registration fees to the commission. The agency currently receives half of all lobbying fees, and the other half goes to the state’s General Fund. “… The commission staff would like to propose that our agency receive the entire fee and use the increased revenue for [information technology] expenses to better disclose lobbying and campaign finance information to the public,” said Executive Director Jonathan Wayne.

Massachusetts – Baker Limits Corporate, Lobbyist Gifts to Inauguration Committee
Boston Globe – David Scharfenberg | Published: 11/19/2014

Massachusetts Gov.-elect Charles Baker set a $25,000 limit on corporate contributions and a $250 cap on lobbyist gifts to his inauguration committee. Donations to inaugural committees are closely watched. Gov. Deval Patrick collected donations of up to $50,000 in the run up to his first inauguration in 2007, a five-day $1 million celebration. Boston Mayor Martin Walsh solicited gifts of up to $25,000 before his swearing-in.

Michigan – Which Lobbyists Interact with Your Lawmakers?
Lansing State Journal – Justin Hinkley | Published: 11/15/2014

Critics say two decades of term limits have drained institutional knowledge from the Michigan Legislature. In response, lobbyists in Lansing have launched a series of forums to train their peers on best practices for the industry as watchdogs call for more transparency. A movement also is afoot to change term limits in the state, though that is not specifically related to lobbying. “People aren’t always up to speed on the rules, the unwritten ones and the written ones, and because of that, there’s the potential for sloppiness,” said Rob Fowler, chief executive officer of the Small Business Association of Michigan.”

Mississippi – Federal Panel Upholds Mississippi Campaign Finance Law
Biloxi Sun Herald; Associated Press –   | Published: 11/14/2014

A federal appeals panel upheld the constitutionality of a Mississippi campaign finance law that requires reporting by people or groups that spend at least $200 to support or oppose a ballot initiative. The three-judge panel of the Fifth U.S. Circuit Court of Appeals reversed a 2013 decision by U.S. District Court Judge Sharion Aycock, who found the $200 reporting threshold too burdensome for smaller groups. The appeals panel said Mississippi’s reporting requirements are similar to those of other states.

Missouri – Missouri Attorney General Puts Limit on Contributions
New York Times – Eric Lipton | Published: 11/19/2014

To repair his reputation, Missouri Attorney Chris Koster has announced self-imposed guidelines on what campaign donations he will accept as he runs his office while also running for governor in 2016. He has been hurt by reports that his office may have given preferential treatment to campaign donors and lobbyists. Under Koster’s new policy, he will no longer accept donations from individuals or companies that are the subject of an ongoing investigation or one that has been resolved in the prior three months, nor will he accept contributions from any lobbyists, attorneys, or law firms who represent them. He also announced he would no longer take gifts of any value from registered lobbyists.

Rhode Island – Patrick Lynch Lobbied Rhode Island Attorney General’s Office for Years but Never Registered
The Daily Journal – Michelle Smith (Associated Press) | Published: 11/17/2014

Since his tenure as Rhode Island’s attorney general ended, Patrick Lynch has lobbied his former office several times, but he has never registered with the state as a lobbyist. Lynch denies his communications constitute lobbying. But in emails sent by him and his assistant, Lynch pushed for actions on topics including online gambling and concerns about business practices by Google. Under state law, lobbying is defined as seeking to promote, oppose, or influence decisions or actions by the executive branch, including decisions by the attorney general’s office. Lobbyists are required  to register annually with the secretary of state’s office and file twice-yearly reports.

Virginia – McAuliffe’s Ethics Panel Recommends Changes on Gift, Disclosure, Conflict Rules
Richmond Times-Dispatch – Jim Nolan | Published: 11/14/2014

Virginia Gov. Terry McAuliffe’s government integrity commission agreed to preliminary recommendations that would limit the value of gifts lawmakers could receive but would also weaken disclosure rules. The commission proposed a ban on gifts exceeding $250, with the exception of trips cleared in advance by an independent board with the authority to investigate malfeasance and impose fines. Although lawmakers currently have to disclose gifts worth more than $50, under the commission’s proposal, that threshold would increase to $100. The commission must deliver its full recommendations to McAuliffe by December 1.

West Virginia – Ethics Commission Hires Stepto as Director
Charleston Gazette – Phil Kabler | Published: 11/13/2014

The interim executive director of the West Virginia Ethics Commission has been given the job permanently. Rebecca Stepto was chosen from among 15 applicants. Stepto became interim executive director after the commission fired Joan Parker without explanation.

Wisconsin – Did Senators’ Sendoff Violate Wisconsin Lobbying Law?
Wisconsin Reporter – M.D. Kittle | Published: 11/19/2014

The farewell reception for retiring Wisconsin Sens. Tim Cullen, Bob Jauch, and Dale Schultz was attended by a slew of prominent politicians, along with many lobbyists. The fact that the lobbyists paid the $10 entry fee appears to be a violation of state law.  The statute says “no candidate for an elective state office, elective state official, agency official, or legislative employee of the state may solicit or accept anything of pecuniary value from a lobbyist or principal.” There are exceptions to the rules, but they do not appear to apply in this case.

Wyoming – Lawmakers Punt on Campaign Disclosure Bill
Wyoming Tribune-Eagle – Trevor Brown | Published: 11/15/2014

A legislative panel has tabled a proposed bill that would tighten Wyoming’s campaign contribution laws. The proposal sought to force groups who attack or support candidates to disclose their donors. The current law says independent expenditures need to be reported to the state if it “expressly” advocates for the election or defeat of a candidate. The proposed bill said these groups would need to disclose their donors if they “directly or indirectly” advocated for the election or defeat of a candidate. But this caused worries by some that this definition would be overly broad.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

National:

Democrats Create an ALEC-Killer

Politico – Kenneth Vogel | Published: 11/9/2014

Liberal activists at the annual winter meeting of the Democracy Alliance will ask top donors to support a plan to reverse the Democratic decline in state governments. The goal of the State Innovation Exchange – SiX for short – is to compete with a well-financed network of conservative groups, including the American Legislative Exchange Council, that for years have dominated state policy battles, advancing pro-business, anti-regulation bills. SiX ultimately plans to raise as much as $10 million a year to boost progressive state lawmakers and their causes while also using tactics like opposition research and video tracking to derail Republicans and their initiatives.

Federal:

Mitch McConnell’s Triumph Strikes Worry in the Hearts of Campaign Finance Reformers

Huffington Post – Paul Blumenthal | Published: 11/8/2014

The U.S. Senate will likely be led next year by Mitch McConnell, the primary antagonist to campaign finance reformers. Over three decades, he has made it a top priority to disrupt and degrade campaign finance regulations. Believing that limits on campaign funds are a direct impediment to the First Amendment right of free speech, he has opposed past reform efforts. With McConnell’s ascendance and with Republicans increasingly unified in opposition to campaign finance reform, its advocates expect an assault on the few areas where they had hoped to enact new rules in the post-Citizens United world.

Outside Groups with Deep Pockets Lift G.O.P.

New York Times – Nicholas Confessore | Published: 11/5/2014

The midterm election was not only a major victory for the Republican Party, but a pivotal moment for the super PACs and political nonprofit groups that helped the party defeat Democrats across the country. Over the last year and a half, the conservative outside groups retooled and revamped, using lessons in how to exploit voter data, opposition research, and advertising learned from their less moneyed but more effective Democratic counterparts during 2012. As federal courts opened new avenues of influence for the wealthy and lenient enforcement effectively neutered what few legal and regulatory restraints remained on big-money politics, they took advantage of every available tool.

From the States and Municipalities:

Arizona – Ducey Seeking Donations to Gubernatorial Transition Effort

Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 11/13/2014

Arizona Gov.-elect Doug Ducey is asking for private contributions to fund his transition team. That is in addition to the donors he will be looking to tap to pay for the ceremonial parts of his inauguration. Spokesperson Daniel Scarpinato said Ducey has placed a $15,000 limit on money from any one source, at least for the transition fund. Scarpinato said there will be no limits on how much anyone can give to the separate fund to pay for the formal inaugural and any parties that might be planned for afterward.

California – California Legislators Flying to Maui to Meet with Special Interests

Los Angeles Times – Patrick McGreevy | Published: 11/12/2014

Two dozen California lawmakers will travel to Hawaii for conferences subsidized and attended by interests that lobby the Legislature, such as oil companies, public employee unions, drug and tobacco firms, and others. Conference organizers said the events, on the island of Maui, provide a relaxed setting in which elected officials and issue experts can discuss solutions to some of the state’s most vexing problems. Watchdogs say it is wrong for corporate executives to pick up the tab so they can meet with lawmakers out of public view just before the next legislative session begins. Sarah Swanbeck of Common Cause said the timing of this year’s event is especially poor because several state senators were hit with criminal charges this year, two of them involving allegations of corruption.

California – Prison Guard Union Failed to Report $24,603 in Gifts to Lawmakers

Los Angeles Times – Patrick McGreevy | Published: 11/11/2014

The state prison officers’ union agreed to a $5,500 fine for failing to disclose gifts it gave to California lawmakers from 2009 to 2011 and a corresponding failure to give gift notifications to the recipients. The gifts include lodging, meals, wine, and spa bags for legislators at the annual Governor’s Cup Foundation golf tournament in Pebble Beach. The California Correctional Peace Officers Association said the failure to report $24,603 in gifts was inadvertent.

California – Sacramento Political Consultant Richie Ross Agrees to Pay Lobbying Fines

Sacramento Bee – Laural Rosenhall | Published: 11/10/2014

Lobbyist Richie Ross agreed to pay $5,000 in fines to the Fair Political Practices Commission for not collecting campaign consulting fees from two lawmakers, thus improperly putting them under the personal obligation to a lobbyist. Ross, who agreed to write off the debt owed by the legislators, is one of a few individuals who serve in dual roles as lobbyist and campaign consultant in California. While state law allows a person to hold both positions, Ross ran into trouble because of his practice of carrying debt for successful candidates who agreed to pay him a “win bonus.”

Connecticut – Election Highlights Flaws In Campaign Finance System

CTNewsJunkie.com – Christine Stuart and Hugh McQuaid | Published: 11/10/2014

On one hand, 2014 was a banner year for Connecticut’s public campaign finance system. Both candidates for governor, all the candidates for constitutional office, and more than 80 percent of the candidates for General Assembly seats participated. On the other hand, outside groups spent $15.9 million on the governor’s race, outpacing the $13 million the two candidates received from the clean election program. The public financing program has been on the books since 2005, but the midterm election was the first test of the law as it was reshaped by the state Legislature last year.

Florida – Link Shows How Lobby Firm Cultivates Influence

New York Times – Eric Lipton | Published: 11/9/2014

Florida Attorney General Pam Bondi invited Lori Kalani, a lobbyist and lawyer from Dickstein Shapiro, to stay at Bondi’s Tampa home while Kalani recovered from surgery. Dickstein Shapiro, a Washington, D.C.-based firm that specializes in building personal relationships with state attorneys general to help corporate clients avoid becoming targets of investigation, paid for Bondi’s travel to a resort island in Michigan in 2013. The Florida Commission on Ethics is reviewing a complaint asking it to investigate whether Dickstein Shapiro violated state law by not registering as a lobbying firm.

Georgia – Audit Reveals Systemic Problems at Ethics Commission

Gainesville Times – Joshua Silavent | Published: 11/6/2014

A review of the operations of the Georgia ethics commission by state auditors found inconsistent treatment of complaints, lack of formal procedures that results in unequal application of the law, and questionable expenditures. The report lists management problems, such as underqualified staff, poor documentation, and inadequate data controls. The commission requested the review in hopes of ending a string of scandals stemming from agency operations, according to Chairperson Hillary Stringfellow. There have been four executive secretaries heading the commission staff since 2006 and a 46 percent employee turnover rate in the last two years.

Louisiana – Feds Investigating Arson Attack on Political Operative’s Uptown Home

New Orleans Times-Picayune – Ken Daley | Published: 11/8/2014

The home and two cars of a campaign finance director for a pro-solar energy candidate running for the Louisiana Public Service Commission were firebombed on November 6. No one was injured in the explosions, and authorities have yet to establish a direct link between the apparent attacks and the campaign’s efforts to promote solar energy. The finance director targeted, Mario Zervigon, is a well-known political operative in the state. Zervignon worked for Forest Bradley-Wright, who is campaigning on a program that allows solar-panel users to continue to sell their excess electricity to utility companies. He is facing incumbent Eric Skrmetta in the December 6 run-off election.

Louisiana – Louisiana Politicians Spent Lavishly on Meals, Golfing, Gifts, Other Perks in 2013

New Orleans Times-Picayune – Lee Zurdik (WVUE) and Manuel Torres | Published: 11/6/2014

Records show Louisiana politicians spent millions of dollars in 2013 on meals, golf rounds and club dues; gifts to unnamed recipients; tickets to Louisiana State University and New Orleans Saints football games; and other events. State law prohibits using campaign money for personal expenses, according to the Board of Ethics, but allows expenses “related to a political campaign or the holding of a public office or party position.” Lawmakers last year failed to clearly define what that means, despite calls by watchdogs and the ethics board for stricter rules.

Mississippi – Christopher Epps, Former Chief of Prisons in Mississippi, Is Arraigned

New York Times – Timothy Williams | Published: 11/6/2014

Mississippi’s former prisons chief pleaded not guilty to federal charges that he accepted cash and mortgage payments in exchange for awarding prison contracts to companies tied to a local businessperson. Christopher Epps, who resigned as commissioner of the Mississippi Department of Corrections on November 5, was indicted on charges he and co-defendant Cecil McCrory were involved in a kickback scheme that started in 2007 and continued for seven years.

Nevada – With a $10,000 Cap on Political Contributions, How Did Caesars Give Gov. Brian Sandoval $215,000?

Las Vegas Sun – Conor Shine | Published: 11/12/2014

In more than a dozen cases, one company or person used multiple companies to donate to a single candidate in excess of Nevada’s standard limit, according to a Las Vegas Sun analysis. The practice stems from the way the law is written. Political contributions are capped at $10,000 per donor, whether it is an individual or a business. But for businesses that operate subsidiaries, each subsidiary or affiliate is eligible to make a $10,000 contribution, even if they are all controlled by the same person or group of people. The result is a gap in the law that allows mostly large companies in Nevada’s gaming, mining, and taxi industries to direct tens of thousands of dollars to their preferred candidates.

Pennsylvania – Sending Signals: Gov.-elect Tom Wolf bans gifts, limits no-bid legal work

Philadelphia Inquirer – Tom Fitzgerald and Amy Worden | Published: 11/12/2014

A code of conduct for Pennsylvania Gov.-elect Tom Wolf’s transition team foreshadows something he plans to impose on his first day on office: a gift ban on his appointees and executive branch employees. Wolf plans to sign an executive order to prohibit gifts, even though state law allows officials to accept gifts worth up to $250 without reporting them, or gifts worth more than that amount if disclosed. Wolf also said he would curb the practice of giving no-bid contracts to private law firms when he takes office.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

National:

Cell Phones, Social Media and Campaign 2014

Pew Research Center – Aaron Smith | Published: 11/3/2014

The Pew Research Center found social media platforms and cell phones are playing an increasingly prominent role in how voters get political information and follow election news. Republicans and Democrats use social media in this way at similar rates. When asked about some reasons why they might follow political figures on social media, Republicans and conservative-leaning independents express a greater desire to be the first to find out about breaking political news, and to get political information that has not passed through the traditional media “filter.” Voters from both parties place a similar emphasis on the deeper connections that social media allows them to form with the candidates they support.

Hard-Nosed Advice from Veteran Lobbyist: ‘Win Ugly or Lose Pretty’

New York Times – Eric Lipton | Published: 10/30/2014

A veteran lobbyist told the oil and gas industry that, if it wants to continually expand drilling operations, it must be ready to “win ugly or lose pretty,” according to a secretly taped recording of the comments. Consultant Richard Berman, founder and chief executive of the Washington D.C.-based firm Berman and Co., made the comments during a speech to industry executives in June. He said executives must be willing to get dirty and dig up embarrassing information about environmentalists and liberal celebrities. And if the oil and gas executives solicit help from Berman’s firm, he said he would be able to hide their role in funding certain campaigns. One executive took issue with Berman’s comments and secretly recorded the speech, which he then gave to The New York Times.

How Political Donors Are Changing Statehouse News Reporting

Governing – Daniel Vock | Published: 11/1/2014

The Franklin Center for Government and Public Integrity is deploying reporters to cover state and local governments around the country. Its ultimate ambition is to have bureaus in every state. But they are not news bureaus in the way many traditional journalists understand them. They are being paid to cover government from an unabashedly ideological perspective. In a study of statehouse reporters released this summer, the Pew Research Center found 33 ideological outlets with state Capitol reporters across the country. Some who are affiliated with such groups wonder why citizen journalists, including those who are advocates of one cause or another, should be treated differently than traditional journalists who see themselves as objective.

In States Seen to Be Tilting Left, Voters Defy Democrats’ Forecast

New York Times – Jonathan Martin | Published: 11/5/2014

More striking than any Republican gains in red-state America on November 4 were the party’s U.S. Senate victories in Colorado and North Carolina and the near miss in Virginia. All are states that both parties believed were trending Democratic, and that Democrats boasted would before long be out of reach to Republicans. But demographic shifts that are gradually reshaping the American electorate, making it more racially diverse and younger, cannot overcome a difficult political environment and a weak message in a nonpresidential year. And the Democratic edge in sophisticated technological voter mobilization and targeting is eroding, as Republicans adopt similar techniques and catch up.

Federal:

Capitol Book Club, with a Bonus

New York Times – Ben Protess and Eric Lipton | Published: 11/2/2014

A book club gathers every month for lunch inside a private room at the National Republican Club of Capitol Hill. Unlike a local library’s book club, this event doubles as a political fundraiser. For the book club’s members – an A-list of lobbyists from banks and insurance companies – the main attraction is access to the U.S. House Financial Services Committee. The cost of admission is a campaign donation to whichever committee member is playing host. Each month, attendees say, the lobbyists typically donate $1,000 to $5,000. “It is a $50,000 fundraiser, without a sweat,” said one lobbyist.

Election 2014: A new level of collaboration between candidates and big-money allies

Washington Post – Matea Gold | Published: 11/3/2014

Just a decade ago, candidates shied away from being too closely associated with money raised by independent groups for reasons of appearance and for fear of running afoul of election laws. But the rapid spread of super PACs and politically active nonprofit organizations that followed the U.S. Supreme Court’s Citizens United decision has dramatically altered the climate. Political operatives are also taking advantage of the hands-off approach of a divided FEC, which has not re-examined coordination rules in the wake of the 2010 ruling. In that void, candidates and independent groups have sought to bring their operations in alignment as much as possible this year.

How to Waste 10 Million Dollars

Politico – Kenneth Vogel and Byron Tau | Published: 11/6/2014

Mayday PAC burst onto the political scene in the spring of 2014 with grandiose designs to elect a pro-campaign finance reform majority to the U.S. Congress by 2016. The 2014 cycle was a test run of sorts, with the group spending more than $10 million on a slate of candidates ostensibly united only in their belief in curbing the influence of big donors, lobbyists, and money in the political system. But voters cast their ballots for business as usual, leaving Mayday and its founders facing questions about the contrast between its bold predictions and results.

Republicans First Step was to Handle Extremists in Party

New York Times – Jeremy Peters and Thomas Hulse | Published: 11/5/2014

Republicans’ impressive showing on November 4 – marking the first time the GOP will have a majority in both the U.S. House and Senate since 2006 – was in large part the result of methodical plotting, careful candidate vetting, and abundant preparation to ensure the party’s candidates would avoid repeating the same devastating mistakes that cost them dearly in 2010 and 2012. In the end, the disciplined approach worked: no Republican imploded with the kind of fatal campaign gaffe that crushed the party’s hopes in the last two elections, and every established candidate prevailed in the primaries.

From the States and Municipalities:

Alabama – Firebrand Alabama Republican Collides With Ethics Law He Espoused

New York Times – Campbell Robertson and Alan Blinder | Published: 10/31/2014

State Rep. Michael Hubbard was arrested after a grand jury returned a 23-count indictment, partly on the basis of an ethics law he had championed, accusing him of using his positions as Alabama GOP chairperson and House speaker to steer thousands of dollars’ worth of business to companies in which he had a financial interest. Hubbard has denied the charges. Though they have not been accused of wrongdoing, some of Alabama’s most prominent executives appeared in the indictment, as did Bob Riley, a former two-term governor. This was unexpected, though perhaps it should not have been: Hubbard has been as strong a center of political gravity as the state has had in decades.

Arkansas – Arkansas Voters Approve Extended Term Limits

Governing – J.B. Wogan | Published: 11/5/2014

A ballot measure that would tighten ethics laws and change term limits passed in Arkansas. Issue 3 prohibits legislators and constitutional officers from taking gifts from lobbyists, with some exceptions; bans candidates from accepting campaign donations from corporations; increases the period that a former legislator must wait before registering as a lobbyist; and allows a lawmaker to serve up to 16 years in either chamber instead of the current limit of three two-year terms in the House and two four-year terms in the Senate.

California – California Lawmakers’ Campaign Credit-Card Spending Often Lacks Disclosure, Sacramento Bee Review Finds

Sacramento Bee – Jim Miller | Published: 11/2/2014

A review of California lawmakers’ credit-card spending by The Sacramento Bee found many provided only the barest of descriptions of their expenses on state-required campaign reports, despite a 2008 rule meant to improve disclosure. The lack of detail makes it difficult to determine whether legislators are using their campaign accounts to help them win re-election or do their jobs, or whether some have found an easy way to live a more luxurious lifestyle. Overall, lawmakers racked up more than $4 million in campaign credit-card charges during the first 18 months of this election cycle.

Florida – City Ethics Amendment Passes by Wide Margin

Tallahassee Democrat – Jeff Burlew | Published: 11/5/2014

Tallahassee voters overwhelmingly approved a charter amendment beefing up the city’s ethics program. It will create a seven-member ethics board with the power to investigate complaints and levy civil penalties; lower the maximum contribution that can be given to candidates from $1,000 to $250; and allow donors to receive rebates from the city of up to $25 if they give that much or more to candidates. The city commission has six months to enact an ethics code with jurisdiction over all officers and employees, including elected and appointed officials.

New York – 4 Indicted N.Y. Pols Win Re-election

Politico – Lucy McCalmont | Published: 11/5/2014

New York voters overwhelmingly re-elected four lawmakers – one to Congress and three to the state Legislature – who are under federal criminal indictments. U.S. Rep. Michael Grimm was re-elected to his House seat despite a 20–count indictment on tax related and other charges. Assemblyperson William Scarborough has been accused of misusing campaign funds for personal expenses. Sen. John Sampson could be sentenced to prison on charges including obstruction of justice, and witness and evidence tampering. Sen. Thomas Libous faces trial in 2015 following an indictment on charges of lying to federal agents.

Ohio – State Rep. Sandra Williams Found Guilty of Profiting from Ohio State Football Tickets

Columbus Dispatch – Jim Siegel | Published: 10/31/2014

State Rep. Sandra Williams pleaded no contest to charges she illegally sold Ohio State football season tickets purchased with campaign funds and did not report it to the state. She faces a maximum sentence of one year in jail and a $2,000 fine. The four 2010 tickets, worth a total of $2,255, were sold to lobbyist Ed Hogan. But Hogan made a money order out to Williams herself instead of to the campaign. Williams then deposited the money in her personal account and did not reimburse her campaign until FBI investigators discovered the error.

Pennsylvania – Harrisburg Lobbying Costs on the Rise

Citizens Voice – Robert Swift | Published: 11/2/2014

Lobbyists spent $116 million to influence Pennsylvania lawmakers last year, a 10 percent increase over 2012, with the top areas of lobbying interest in energy, the state budget, and healthcare issues. The lobbyist disclosure law requires corporations and trade associations that spent more than $2,500 in any quarter to register, broadly categorize how the money is spent, and identify general issues on which they lobby. Revelations that four House members allegedly accepted cash gifts from a confidential informant during a sting operation led the House and Senate to adopt rules banning lawmakers from accepting cash gifts. But bills to enact a total ban on gifts from lobbyists to lawmakers and public officials did not make much headway.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

National:

In Democratic Election Ads in South, a Focus on Racial Scars

New York Times – Jeremy Peters | Published: 10/29/2014

Democrats in the closest U.S. Senate races across the South are turning to racially charged messages jolt African-Americans into voting and stop a Republican takeover in Washington. The images and words they are using are striking for how overtly they play on fears of intimidation and repression. And their source is surprising. The effort is being led by national Democrats and their state party organizations – not, in most instances, by the shadowy and often untraceable PACs that typically employ such provocative messages.

Lobbyists, Bearing Gifts, Pursue Attorneys General

New York Times – Eric Lipton | Published: 10/28/2014

State attorneys general are now the object of aggressive pursuit by lobbyists and lawyers who use campaign contributions, personal appeals at lavish corporate-sponsored conferences, and other means to push them to drop investigations, change policies, negotiate favorable settlements, or pressure federal regulators, found an investigation by The New York Times. A robust industry of lobbyists and lawyers has blossomed as attorneys general have joined to conduct multistate investigations and pushed into areas as diverse as securities fraud and Internet crimes. But unlike the lobbying rules covering other elected officials, there are few “revolving-door” restrictions or disclosure requirements governing state attorneys general.

Federal:

FEC Deadlock Keeps Internet Free from Broadcast Campaign Ad Regulations

Washington Times – Stephan Dineen | Published: 10/26/2014

Democrats on the FEC want to extend the agency’s reach to online political ads, a change in policy that critics fear could lead to tough new limits on speech. The FEC deadlocked on whether to investigate Checks and Balances for Economic Growth, a group that ran a pair of online advertisements attacking President Barack Obama and U.S. Sen. Sherrod Brown. While the organization may have spent close to a million dollars on the ads, it did not file any disclosure reports with the FEC, as it would have if the ads were run on television or radio. The carve-out for online-only communications has existed for more than eight years, but FEC Vice Chairperson Ann Ravel said the rules have not kept pace with the changing times.

From the States and Municipalities:

Arizona – Lobbyists Aid Campaigns of Doug Ducey, Fred DuVal

Arizona Republic – Yvonne Wingett Sanchez and Rob O’Dell | Published: 10/26/2014

Arizona gubernatorial candidates Fred DuVal and Doug Ducey have each relied heavily on the state’s lobbying corps for advice and to finance their campaigns. Combined, the candidates have collected at least $435,000 from donors who have registered as lobbyists and many of whom hope to have access to the next governor and his administration. “Lobbyists are premier players on both sides, and these lobbyists represent big interests that have large stakes in the outcome of the election; they do what comes naturally – they try to influence the results,” said Larry Sabato, director of the University of Virginia’s Center for Politics.

District of Columbia – Ethics Reforms Shepherded by Bowser Look Better in Hindsight, Some Say

Washington Post – Mike DeBonis | Published: 10/28/2014

When the District of Columbia Council passed an ethics reform bill more than two years ago, Councilperson Tommy Wells said the bill’s lack of teeth was “embarrassing.” Now, Wells supports the legislation, which was shepherded through the council by Muriel Bowser, who is running for mayor. It is an indication of how Bowser’s much-criticized ethics package looks considerably better in hindsight. Observers say they have seen a marked improvement in the city government’s handling of ethics matters, even if there is more room for improvement.

Georgia – Five Questions the Georgia State Ethics Investigation of Governor Nathan Deal’s 2010 Campaign Never Answered

Atlanta Magazine – Jim Walls | Published: 10/23/2014

During this year’s election season, questions about ethics allegations filed against Georgia Gov. Nathan Deal four years ago have grown stronger. His opponent, Jason Carter, returns to them almost daily. Technically speaking, all the complaints against Deal were resolved in 2012, when he paid $3,350 in administrative fees for filing defective campaign and personal finance disclosures. But a review of the state ethics commission’s files shows the investigation leading to that settlement was never really completed. Commission staffers abandoned inquiries into tens of thousands of dollars spent on air travel and credit card charges, and questioned no one but lawyers for the campaign accused of wrongdoing.

Kentucky – State Rep. Keith Hall Indicted on Bribery Charge

Lexington Herald-Leader – John Cheves | Published: 10/23/2014

A federal grand jury indicted Kentucky Rep. Keith Hall on bribery charges, alleging he paid a state inspector more than $46,000 to ignore environmental violations at his Pike County coal mines. The indictment also charged the inspector, Kelly Shortridge, who resigned in February from his job in the Kentucky Division of Mine Reclamation and Enforcement. The indictment alleges Hall paid bribes to Shortridge as bogus consulting fees, most of them from a company owned by Hall through a shell corporation.

New York – Mayor’s Old Pal Wins New Biz as Lobbyist

Crain’s New York Business – Chris Bragg | Published: 10/26/2014

Soon after vetting administration hires as a member of New York City Mayor Bill de Blasio’s transition team, Harold Ickes opened a New York branch of his K Street lobbying firm, the Ickes & Enright Group. He and his employees have since lobbied a dozen de Blasio administration officials for a rapidly growing number of clients. In recent months, the Ickes & Enright Group has signed a number of clients seeking to influence local government. At the same time, Ickes remains a key de Blasio political adviser.

Ohio – State Rep. Mallory Pleads Guilty to Improperly Accepting, Disclosing Gifts from Lobbyists

Columbus Dispatch – Jim Siegel | Published: 10/29/2014

Ohio Rep. Dale Mallory pleaded guilty to two misdemeanor ethics law violations related to taking Cincinnati Bengals tickets from lobbyists then failing to properly report them on required disclosure forms. The Joint Legislative Ethics Committee referred Mallory for prosecution after finding he improperly accepted tickets from payday lending industry lobbyists in 2009 and 2013 that exceeded the $75 gift limit. Lawmakers also must disclose any gift valued at over $25. A pair of lobbyists connected to the matter have already pleaded guilty to misdemeanor charges.

Oklahoma – Rule Change Will Allow Lobbyists to Spend More on Oklahoma Lawmakers

The Oklahoman – Rick Green | Published: 10/27/2014

Current rules limit to $100 the amount a lobbyist can spend on an Oklahoma lawmaker, but that amount can be multiplied by the number of clients the lobbyist represents. Under new rules that take effect next year, lobbyists will be limited to spending $500 on a particular lawmaker, no matter how many clients they represent. The net effect will be that some lobbyists, particularly those with fewer clients, could see an increase in the amount of money they can spend per legislator, and some, particularly those with numerous clients, could see a decrease.

Pennsylvania – Pa. Lobbyist Fees Increased to Pay for Public Disclosure Database

Harrisburg Patriot-News – Christian Alexandersen | Published: 10/23/2014

The Independent Regulatory Review Committee voted to increase Pennsylvania’s lobbyist registration fee from $200 to $300. The increase will go to offset the cost of maintaining the department of state’s online disclosure database. The state attorney general’s office must review the committee’s decision in the next 30 days before the fee increase can be implemented for the 2015-2016 legislative session. The attorney general is expected to approve the increase.

Pennsylvania – Pennsylvania Justice in Porn Email Scandal Retires

Greenfield Reporter – Mark Scolforo and Marc Levy (Associated Press) | Published: 10/27/2014

Pennsylvania Supreme Court Justice Seamus McCaffery, embroiled in an email pornography scandal and accused of other workplace misconduct, retired days after he was suspended from his job. McCaffery, who served for nearly seven years, was named in a review by the court’s chief justice as exchanging hundreds of pornographic emails with lawyers in the Pennsylvania attorney general’s office. McCaffery also was accused of authorizing hundreds of thousands of dollars in referral payments by personal injury law firms to his wife, helping fix a traffic ticket she received, and improperly attempting to influence the assignment of judges in the Philadelphia Court of Common Pleas.

South Carolina – Bobby Harrell: A quick rise to power, and a quicker fall

Charleston Post & Courier – Jeremy Borden and Schuyler Knopf | Published: 10/24/2014

When Bobby Harrell first entered the South Carolina Legislature in 1993, he quickly proved adept at moving up the ranks. When he became House speaker in 2005, some members expected the gregarious leader with an open-door policy would usher in a new era of inclusion. Harrell’s charm remained as strong as ever, but he did not shy away from flexing the considerable power of the speaker’s office when he felt he needed to. Harrell’s resignation due to ethics violations has generated sympathy in Columbia, but observers also see a cautionary tale. His critics have said Harrell had begun to feel “bulletproof,” becoming more focused on the trappings of his leadership position than legislative agendas and policy.

Texas – Ethics Commission Approves Dark Money Regulation

Austin American-Statesman – David Saleh Rauf (San Antonio Express-News) | Published: 10/29/2014

The Texas Ethics Commission approved a new rule that requires so-called dark money groups to reveal their donors. At the heart of the commission’s regulation is an attempt to determine when a nonprofit’s political activity crosses the line to qualify it as a bona fide PAC that is required under state law to disclose donors. Under the new rule, a nonprofit would have to start disclosing donors if 25 percent or more of its expenditures can be classified as politically motivated. It also would require disclosure if political contributions account for more than 25 percent of the group’s total donations in a calendar year.

Virginia – McAuliffe’s New Virginia Ethics Panel Meets for First Time

Washington Post – Laura Vozzella | Published: 10/27/2014

Virginia Gov. Terry McAuliffe’s ethics reform commission is poised to recommend a tightening of gift and travel rules for state leaders, but consensus proved more difficult on other points during the panel’s first meeting. The Commission on Integrity and Public Confidence in State Government plans to have recommendations ready by December 1. It will be up to the General Assembly to write the actual rules. The commission also decided to move redistricting reform to the front burner after a federal judicial panel ruled the state’s Third Congressional District lines are unconstitutional.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

National:

Corporations, Advocacy Groups Spend Big on Ballot Measures

The Center for Public Integrity – Liz Whyte | Published: 10/23/2014

Voters may not know it, but the millions of dollars paying for ads on ballot measures they will consider on November 4 come from large companies and national advocacy groups. Many of the messages are tailored to defend or expand the business interests of companies such as Coca-Cola and Monsanto, yet few have their names in the ads. Through October 20, television ad spending on ballot issues totaled roughly $119 million. Four of the five most expensive ballot initiatives feature at least one corporate patron.

How Judicial Campaign Ads May Be Affecting Legal Decisions

Washington Post – Niraj Chokshi | Published: 10/22/2014

A new study found that the more ads aired during state Supreme Court campaigns, the more likely justices are to rule against criminal defendants, potentially from fear of appearing “soft on crime.” That finding is the result of an analysis of 3,000 state Supreme Court criminal appeals from 2008 to 2013 and is the latest in a string of recent research that suggests increased campaign spending, by pro-business groups in many cases, may be distorting judicial rulings. The report also shows outside spending in judicial races has been on the rise in recent years and such groups tend to buy more attack ads than candidates or parties.

Federal:

How Billionaire Oligarchs Are Becoming Their Own Political Parties

New York Times – Jim Rutenberg | Published: 10/17/2014

The U.S. Supreme Court’s Citizens United ruling in 2010 effectively blew apart the Bipartisan Campaign Reform Act’s (BCRA) restrictions on outside groups and their use of corporate and union money in elections. That same year, a related ruling from a lower court made it easier for wealthy individuals to finance those organizations. The result was a power shift, from the party bosses to the rich individuals who ran super PACs. Individuals with the wherewithal can start what are in essence their own political parties, built around pet causes or industries and backing politicians uniquely answerable to them. “Suddenly, we privatized politics,” said Trevor Potter, an election lawyer who helped draft BCRA.

Why House Republicans Alienate Hispanics: They don’t need them

New York Times – Nate Cohn | Published: 10/21/2014

Republicans would stand little, if any, chance of winning the presidency in 2016 if they do not do more to appeal to Hispanic voters. Yet the party’s congressional leaders show little sign of doing so, blocking an immigration overhaul and criticizing President Barack Obama for his plan to defer deportation for undocumented migrants. There is a simple reason that congressional Republicans are willing to risk alienating Hispanics: they do not need their votes, at least not this year. The GOP would probably hold the House, and still have a real chance to retake the Senate, if they lost every single Hispanic voter in the country.

From the States and Municipalities:

Alabama – Alabama House Speaker Mike Hubbard Indicted

USA Today – Brian Lyman (Montgomery Advertiser) | Published: 10/20/2014

Alabama House Speaker Mike Hubbard was indicted on 23 felony counts in a months-long investigation into allegations of political corruption. According to the indictment, Hubbard used his position as chairperson of the state Republican Party and as a House member to secure business for his companies. He is also accused of soliciting help with his business from some of the most prominent names in the state, including former Gov. Bob Riley, who is now a lobbyist. As part of the wider probe, Rep. Greg Wren pleaded guilty to a misdemeanor charge of using his office for personal gain and resigned his seat. Rep. Barry Moore pleaded not guilty to perjury and giving false statements, and his trial is scheduled to start soon.

California – Campaign Cash Crackdown OK’d

San Diego Union Tribune – David Garrick | Published: 10/21/2014

San Diego City Council members unanimously adopted a series of new campaign finance regulations. The rules would force PACs to disclose their largest contributors earlier in a campaign. They would also make it harder for a political committee to reproduce and distribute the exact same advertisements and campaign literature used by a candidate the committee supports.

Illinois – Reporter Resigns Following Rauner Complaint

Belleville News Democrat – Sara Burnett (Associated Press) | Published: 10/22/2014

Dave McKinney quit his job at The Chicago Sun-Times and accused the newspaper of bowing to pressure from gubernatorial candidate Bruce Rauner by removing him from the campaign beat. McKinney, a 19-year veteran of the newspaper who covered the state capital, said The Sun-Times reassigned him after the Rauner campaign accused him of a conflict-of-interest, which he denies. McKinney said the paper stopped assigning him to cover the gubernatorial campaign after publishing an article by him and two other reporters that alleged Rauner made bullying statements to a person who had threatened to sue one of his companies. The newspaper recently reversed a three-year policy of not endorsing political candidates; its lone endorsement of the 2014 campaign was of Rauner for governor.

North Carolina – Charter School Power Broker Turns Public Education into Private Profits

ProPublica – Marian Wang | Published: 10/15/2014

Businessperson Baker Mitchel has started four charter schools in North Carolina. His model for success embraces decreased government regulation, increased privatization, and, if all goes well, healthy profits. Every year, millions of public education dollars flow through his chain of four nonprofit charter schools to for-profit companies he controls. Over six years, Mitchell’s companies have taken in close to $20 million in fees and rent, some of the schools’ biggest expenses. The schools buy or lease nearly everything from companies owned by Mitchell. Unlike traditional school districts, at Mitchell’s charter schools there is no competitive bidding.

South Carolina – Donors Use Loophole to Pour Money into Governor’s Race

Charleston Post & Courier – Jeremy Borden | Published: 10/17/2014

Chowdary Yalamanchili, a Houston real-estate investor, has maxed out campaign contributions to South Carolina Gov. Nikki Haley for himself and at least 16 business entities. Haley’s opponent, state Sen. Vincent Sheheen, has received tens of thousands in donations from several different entities affiliated with the South Carolina Association for Justice, a trial lawyer’s trade group. In both cases, the organizations and people involved were within the state’s $3,500 maximum contribution limit but were able to give more by creating separate but similar business entities. Under South Carolina law, each business or corporate entity is considered a separate person, able to contribute the personal maximum of $3,500.

South Carolina – SC House Speaker Harrell Pleads to 6 Misdemeanor Finance Violations; Gets No Jail Time

The Daily Journal – Meg Kinnard (Associated Press) | Published: 10/23/2014

South Carolina House Speaker Bobby Harrell pleaded guilty to six counts of misconduct in office and will immediately resign his seat. Harrell was sentenced to six years in prison, which will be suspended as long as he completes three years of probation as part of the plea agreement. He also agreed to help prosecutors in any other investigations into wrongdoing involving the Legislature. He must pay a $30,000 fine and reimburse the state $93,958, and cannot to seek or hold public office for three years. Harrell was indicted in September on ethics and misconduct-related charges, including illegally using campaign money for personal expenses and filing false disclosure reports.

Vermont – Court Finds Republican Governors Association Violated Vermont Campaign Finance Law

Columbus Republic – Dave Gram (Associated Press) | Published: 10/22/2014

A Vermont judge ruled the Republican Governors Association (RGA) violated campaign finance law when it set up a PAC – Green Mountain Prosperity – that the state said was designed to get around a $2,000 campaign contribution limit. Green Mountain Prosperity was active during the close 2010 gubernatorial race won by Peter Shumlin over Republican Lt. Gov. Brian Dubie. The RGA argued Green Mountain Prosperity was an independent expenditure PAC, not coordinating with a party or campaign. The court found the RGA and Green Mountain Prosperity had no separate board, no separate staff, and no separate fundraising apparatus.

Washington – Some Lobbyists Play Key Role in Washington Campaign Finance

KUOW – Austin Jenkins | Published: 10/20/2014

Unions and business interests may be among the top political spenders in Washington this election year, but there is an influential group that does not necessarily show up in the campaign finance reports – lobbyists. So far in 2014, lobbyists have reported nearly $6 million in political donations. But that does not capture the whole picture. Lobbyists only have to report their clients’ contributions if they deliver the checks themselves, or if they are the ones who make the decisions about political giving. Simply advising clients on where to give and how much to give does not trigger the reporting requirement. That means this aspect of the lobbying business happens largely behind-the-scenes.

Wisconsin – Campaign Coordination Suit Filed in a Way to Get Favorable Judge

Milwaukee Journal Sentinel – Patrick Marley | Published: 10/17/2014

When a conservative organizations filed a lawsuit over Wisconsin’s campaign finance laws, its attorneys filled out court paperwork in a way that all but guaranteed they got a judge who has already ruled groups and candidates can work closely together. Two weeks after Citizens for Responsible Government Advocates filed its suit, U.S. District Court Judge Rudolph Randa issued an order limiting how the campaign finance law could be enforced, opening the door for groups and candidates to team up in the weeks before the November 4 election.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

Federal:

Campaign Finance Forty Years Later

New York Times; Staff –   | Published: 10/13/2014

Forty years after Congress passed the Federal Election Campaign Act, many of the provisions have been struck down as unconstitutional and U.S. Supreme Court rulings have paved the way for outside groups to raise and spend more money. The New York Times, in its “Room for Debate” feature, asked seven experts on the issue to give their opinions on the state of campaign finance reform today.

FEC Votes Suggest Gridlock Is Easing

Politico – Byron Tau and Kyle Cheney | Published: 10/9/2014

After some five years of ties and gridlock, the FEC approved several measures as part of a compromise brokered between its two newest members: Republican Chairperson Lee Goodman and Democratic Vice Chairperson Ann Ravel. Goodman and Ravel were both appointed at the same time by President Barack Obama in 2013, and they have forged a bipartisan alliance to help the commission function better. The FEC has long been a bastion of gridlock, and the recent votes have no practical impact on campaign finance laws. But the FEC’s action suggests further movement is possible on what has been seen as a hopelessly dysfunctional panel.

Secret Money Fueling a Flood of Political Ads

New York Times – Nicholas Confessore | Published: 10/10/2014

Fifty-five percent of broadcast advertising in the midterm elections has been paid for by groups that do not fully disclose their donors, compared with 45 percent from super PACs, which are required to file regular financial disclosures, according to an analysis by The New York Times. The preponderance of secretly funded advertising defies one of the assumptions of the U.S. Supreme Court’s Citizens United decision, which allowed outside groups to raise and spend more money, so long as they did not coordinate with candidates and parties. In the majority opinion, Justice Anthony Kennedy envisioned campaigns in which unlimited independent spending by unions and corporations would be paired with robust real-time disclosure.

From the States and Municipalities:

California – Kevin de León Becomes State Senate Leader in $50,000 Event

Los Angeles Times – Seema Metha and Patrick McGreevy | Published: 10/15/2014

Kevin de Leon was sworn in as the first Latino to head the California Senate in more than a century with an expensive soiree. The event at Walt Disney Concert Hall with an estimated price tag of $50,000 resembled a presidential inaugural more than the low-key affairs at the Capitol held by past Senate leaders. The California Latino Legislative Caucus Foundation, which receives donations from special interests seeking influence in the Legislature, picked up the tab for the event. Some suggested it was an inappropriate extravagance at a time when the state Senate is struggling to shake off the taint of corruption scandals and regain public trust.

Colorado – Citizens United Can Make Movie without Disclosing Donors, Court Says

Denver Post – Joey Bunch | Published: 10/14/2014

The 10th U.S. Circuit Court of Appeals ruled Citizens United can air a movie it has produced about Colorado politics without identifying its donors. Citizens United sued after Secretary of State Scott Gessler said the movie fell under Colorado’s campaign finance laws. A federal judge agreed the movie was electioneering that required disclosure. But Citizens United argued the film deserved the same free-speech protections as traditional media. The appeals court said while the movie is exempt from disclosure, the secretary of state’s office could require it for ads if the ads name a candidate and make a case for support or defeat.

Georgia – Once Again, a Carter Aims to Govern in Georgia

New York Times – Richard Fausset | Published: 10/15/2014

The most famous name in Georgia gubernatorial race belongs to state Sen. Jason Carter, grandson of former President Jimmy Carter. But rather than a referendum on the Carter legacy, the contest remains focused to a large extent on the record of incumbent Nathan Deal. One hurdle for Deal, said Merle Black, a political science professor at Emory University, is the possibility that conservative voters, soured by continuing ethics controversies tied to Deal’s 2010 campaign, may see him as “a candidate that they cannot get really excited about,” and sit out the election.

Illinois – Campaign Contribution Limits Off in Chicago Mayor’s Race

Chicago Tribune – John Byrne | Published: 10/14/2014

William Kelly gave $100,000 of his own money to his Chicago mayoral campaign. In doing so, he has also lifted the cap for campaign donations in the race. State law mandates that the $5,300 individual campaign contribution limit be lifted in a municipal race in one of two instances: a candidate donates at $100,000 or more to their campaign fund or an outside organization puts that much into a race to support or attack a candidate in the race.

Kentucky – Top Lobbyists Make More than Governor – a LOT More

Louisville Courier Journal – Tom Loftus | Published: 10/16/2014

Through the first eight months of 2014, Kentucky’s top lobbyists have made more money in fees than Steve Beshear will make in salary all year as governor. Lobbyist Bob Babbage, for example, has been paid $562,433 through August 31. Beshear is paid an annual salary of $138,012.

Missouri – Ethics Complaint Filed over Lobbyist Gifts to Missouri Lawmakers

Kansas City Star – Jason Hancock | Published: 10/15/2014

A complaint was filed with the Missouri Ethics Commission over a $3,000 dinner held at a Dallas steakhouse in August for five state legislators during the American Legislative Exchange Council’s annual convention. While five lobbyists reported the gifts to the commission as going to the individual lawmakers who attended, seven other lobbyists reported the gifts to “the entire General Assembly.” Missouri law states that a gift can be reported to a group – such as a committee, legislative chamber, or the entire Legislature – if all of the members of that group are “invited in writing.”

North Carolina – Former Charlotte Mayor Patrick Cannon Sentenced to 44 Months in Federal Prison

Charlotte Observer – Mark Washburn, Michael Gordon, Ames Alexander, and Rick Rothacker | Published: 10/14/2014

Former Charlotte Mayor Patrick Cannon was sentenced to 44 months in prison after admitting to using his public positions in North Carolina’s largest city for personal financial gain, including taking at least $50,000 in bribes. A nearly four-year investigation resulted in his arrest and resignation in March. Prosecutors said Cannon accepted bribes from a strip club owner and two undercover federal agents posing as investors in exchange for helping them navigate city government and zoning issues through his elected positions. Prosecutors said he took cash, paid travel to Las Vegas, and use of a luxury apartment from the undercover agents.

Oregon – Oregon’s Embattled First Lady Faces Ethics Probe over Business Activity

Washington Post – Jose DelReal | Published: 10/14/2014

After admitting to a sham marriage to help an immigrant remain in the U.S., Oregon Gov. John Kitzhaber’s fiancée said she lived on a property in 1997 that was intended to be used for a marijuana growing operation. Cylvia Hayes issued a statement saying the plan “never materialized” on the remote property. She is also under fire for earning money as a consultant from organizations seeking to influence state policy. Kitzhaber asked the Oregon Government Ethics Commission for a formal opinion on whether Hayes is subject to state ethics laws and, if so, whether she has broken them in the consulting matter. It is not clear how much damage the reports about Hayes could do to Kitzhaber’s re-election campaign.

Pennsylvania – Phila. Ethics Board Tightens Campaign-Finance Rules

Philadelphia Inquirer – Chris Hepp | Published: 10/15/2014

The Philadelphia Board of Ethics approved a series of amendments to the city’s campaign finance law, the most significant aimed at tightening restrictions on what constitutes a third party’s support of a candidate. The board approved an amendment to address the reuse of campaign materials produced by a candidate, but then picked up and distributed by an individual or PAC independent of the candidate. Under the new rule, such reuse would be considered an in-kind campaign contribution and would fall under the city’s donation limits.

Texas – An Ad with a Wheelchair Shakes up the Texas Governor’s Race

New York Times – David Montgomery | Published: 10/13/2014

Texas gubernatorial candidate Wendy Davis defended her campaign television ad that highlights opponent Greg Abbott’s use of a wheelchair, denying it exploits his disability while attacking his record. The 30-second ad begins with a shot of an empty wheelchair. It criticizes Abbot, the state’s attorney general, for receiving millions from a 1984 lawsuit after a falling tree injured his spine, then working to limit the legal rights of other victims. The spot has provoked a nationwide debate over its tone and the boundaries of political attack ads.

Washington – Ethics Panel Votes to Limit Number of Free Meals Lawmakers Can Accept from Lobbyists

Columbus Republic – Rachel LaCorte (Associated Press) | Published: 10/14/2014

Beginning January 1, Washington lawmakers could accept as many as a dozen free meals from lobbyists each year under a new rule adopted by the Legislative Ethics Board. The rule also defines a meal as a sit-down meal such as breakfast or lunch, even if the meal is served at a private residence. Receptions hosted by lobbyists would not count as a meal. The board planned to meet again before the end of the year to consider draft legislation to change the current law that only requires meals worth $50 or more to be reported to the state Public Disclosure Commission.

Wisconsin – Federal Judge Orders State to Stop Enforcing Anti-‘Coordination’ Law

WiscNews.com – Dee Hall | Published: 10/14/2014

U.S. District Court Judge Rudolph Randa blocked enforcement of a Wisconsin election law that is at the center of an investigation into Gov. Scott Walker’s 2012 recall campaign and more than two dozen conservative organizations. The ruling allows candidates to coordinate and work closely with independent groups that do not explicitly tell people how to vote. State prosecutors cited the coordination law in launching a so-called John Doe investigation into Walker’s campaign. A federal appeals court overturned a ruling from Randa in May that stopped the probe, but also said the issue needs to be resolved in state courts.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

National:

Wave of Ethics Complaints Hits Top Races

National Journal – Sarah Mimms | Published: 10/8/2014

With Election Day approaching, the closest races in the country have become magnets for ethics complaints. Watchdog groups and political parties have filed dozens of complaints against Republicans and Democrats in tough contests, questioning fundraising tactics and accusing campaigns of improper coordination, among other allegations, just as voters begin to tune in to the election-year fight. Regardless of their merits, the likelihood that any of these ethics complaints will be acted on before Election Day is slim. But for many of these groups, the result of a complaint is not nearly as important as filing the complaint itself.

Who is Donating to Political Campaigns Now? Big Pot.

Raleigh News & Observer – Kristen Wyatt (Associated Press) | Published: 10/6/2014

The U.S. marijuana industry is making campaign contributions to support cannabis-friendly candidates and ballot questions that could bring legal pot to more states. Medical marijuana businesses have been giving to candidates since the late 1990s. With the arrival of recreational pot in Colorado and Washington, the industry and its political influence are expanding rapidly. Marijuana measures will be on the November ballot in Oregon, Florida, Alaska, and Washington, D.C, so many donations are being funneled into those campaigns and the candidates who support them.

Federal:

A Campaign Dollar’s Power Is More Valuable to a Challenger

New York Times – Lynn Vavreck | Published: 10/7/2014

Political scientists have found the relationship between campaign spending and election results is problematic. The difficulty stems from a general pattern in U.S. House and Senate elections. In congressional elections from 1992 to 2012, challengers who spent more money won more often than those who spent less. The opposite was true for incumbents, but correlation does not always imply causation. The question is not just whether spending affects election outcomes, but how spending might affect different kinds of candidates differently.

FEC Votes to Relax Campaign Finance Rules

The Hill – Benjamin Goad | Published: 10/9/2014

The FEC moved to formally relax campaign finance restrictions in response to a pair of U.S. Supreme Court decisions. The commission agreed on language that will amend its rules to conform to the Citizens United ruling, which struck down restrictions that previously barred corporations and unions from spending money from their general treasury funds to support or oppose candidates. The agency also approved of a second set of regulations in the form of an interim final rule responding to the ruling in McCutcheon v. FEC. The decision eliminated aggregate contribution limits for individual donors in a single election cycle.

Nationals are Champs for Fundraisers

Politico – Byron Tau and Kevin Robillard | Published: 10/3/2014

Candidates, parties, and PACs have spent at least $245,000 on Washington Nationals tickets, gear, and seats during this election cycle. Most of that money went to hosting fundraising events at Nationals Park or buying tickets for donors, constituents, and lobbyists. Even more political cash goes to the Major League Baseball team in the form of corporate skybox rentals that often used to host members of Congress for fundraising events, money that is not always identified in campaign finance reports. The Nationals are in a league of their own when it comes to collecting political dollars; according to CQ Moneyline, the other seven teams in this year’s playoffs barely merit a mention as venues to collect political money or host wealthy donors.

From the States and Municipalities:

Alaska – As Energy Boom Ends, a Political Identity Crisis in Alaska

New York Times – Kirk Johnson | Published: 10/8/2014

Economic anxiety in Alaska is roiling an already sharp-edged political season, focused on one of the most competitive U.S. Senate races in the country: an endangered Democratic incumbent, Mark Begich, against Republican challenger, Dan Sullivan, a former state attorney general and natural resources commissioner. Alaska might appear politically conservative, and measured by election results, especially on the presidential level, it is. But many Alaskans say ideology is in fact a shallow measure of the political climate, and hard-nosed practicality – what does Alaska need from Washington and who is best at getting it – can often hold as much sway.

Colorado – Republicans Win Super PAC Lawsuit

Law Week Colorado – Hannah Garcia | Published: 10/2/2014

A District Court judge sided with the Colorado Republican Party in its efforts to establish its own Super PAC, while a local watchdog group is decrying the ruling as an erasure of state law surrounding political contributions. The GOP argued it was entitled to form the PAC because independent expenditures made by any person is permissible under the state constitution, and those expenditures are not subject to contribution limits and are permissible as long as there is no coordination with the party. Colorado Ethics Watch argued the committee is controlled and coordinates with the Republican Party, and because of that, is subject to the same contribution limits as political parties.

Illinois – When Interests Overlap for Durbin, Lobbyist Wife

Insurance News Net – Katherine Skiba and Kim Geiger (Chicago Tribune) | Published: 10/5/2014

A Chicago Tribune investigation found instances in which Loretta Durbin’s lobbying clients have received federal funding promoted by her husband, U.S. Sen. Richard Durbin, raising questions about whether the power couple have done enough to avoid inherent conflicts-of-interest as they go about their jobs. Sen. Durbin acknowledged occasional “overlap” in which his wife’s clients received his help, but both insisted she limited her lobbying to Illinois and never sought federal funds. The couple said once the decision had been made not to lobby the federal government, Sen. Durbin was not consulted when she considered new clients.

Missouri – Gifts to Missouri Lawmakers Are Not Always Easy to Track

Kansas City Star – Jason Hancock | Published: 10/6/2014

Seven lobbyists, representing businesses ranging from Hallmark to Peabody Energy, paid the lion’s share of the $3,000 cost of an evening for Missouri lawmakers at an expensive Dallas steakhouse this summer and reported the gifts as going to “the entire General Assembly.” The dinner was part of the American Legislative Exchange Council’s annual convention. Critics of Missouri’s ethics laws have long complained that reporting gifts to groups instead of individuals violates the spirit of the disclosure requirements by making it difficult, and in some cases impossible, to tell who is getting gifts from whom.

Nevada – Judicial Candidate Resigns from Nevada Ethics Commission

Reno Gazette-Journal – Emerson Marcus | Published: 10/6/2014

The executive director of the Nevada Commission on Ethics has resigned amid a complaint that she used her office to advance her campaign to become a Washoe County Family Court judge. Caren Cafferata-Jenkins stepped down on October 9. Former commission investigator Michael Lawrence filed a complaint against her in June, saying she turned the commission office “into her own personal Kinko’s” for her campaign. Cafferata-Jenkins has denied the allegations and said Lawrence is bitter after losing his job in April. She said she is resigning because the complaint is bringing negative attention on the commission.

New Jersey – N.J. Lawmaker Tries to Limit New Bills … by Introducing a New Bill

Newark Star Ledger – Matt Friedman | Published: 10/6/2014

New Jersey Assemblyperson Anthony Bucco, who has looked on as his colleagues have introduced thousands of bills, sometimes on seemingly frivolous subjects and usually with little chance of passage, says he has had enough. And to come up with a solution, Bucco introduced a bill. Bucco, proposed legislation that would limit state senators to being the top prime sponsor on just 25 bills or resolutions per two-year session, and keep Assembly members to just 15 bills. At the end of the term, each bill would have to include an estimate by the Office of Legislative Services of how much it cost to draft it, process it, and consider it.

Pennsylvania – Fattah Nonprofits Paid Millions to Ex-Staffers

Philadelphia Daily News – William Bender | Published: 10/7/2014

Between 2001 and 2012, nonprofits founded or supported by U.S. Rep. Chaka Fattah have paid out at least $5.8 million to his associates, including political operatives, ex-staffers, and their relatives, according to The Philadelphia Daily News. Three people who had ties to the organizations were later convicted of federal crimes. For the past seven years, criminal investigators have been looking at Fattah and the cottage industry of mostly taxpayer-funded nonprofits run by his political allies.

Pennsylvania – Pittsburgh’s Campaign Finance Law Called Flawed

Pittsburgh Post-Gazette – Chris Potter | Published: 10/5/2014

One of the key enforcement mechanisms of Pittsburgh’s campaign finance ordinance is defunct; other provisions are contradictory. In an apparent oversight, the law omits mayoral and city controller races from the definition of races it covers. “The law is completely meaningless; this is what you tend to get when you approach public policy from the position of public relations,” said city Controller Michael Lamb. Across the state, efforts to rein in political spending appear to have met with more success.

South Carolina – State and Federal Investigation Focuses on Political Action Committee Money, State Contracts

Charleston Post & Courier – Jeremy Borden | Published: 10/8/2014

Investigators from the State Law Enforcement Division and federal agencies have launched a broad inquiry into the actions of several members of the South Carolina House, focused at least in part on some members of the Ways and Means Committee. Sources in a position to know about the investigation said the probe revolves around allegations that lawmakers sold their votes, funneled money from the state budget into their own pockets, and misused money from a PAC.

Virginia – McAuliffe Aide Suggested Job for Senator’s Daughter If He Remained in His Seat

Washington Post – Laura Vozzella | Published: 10/2/2014

Virginia Sen. Phillip Puckett abrupt exit from the Legislature, which flipped control of the chamber to the GOP and thwarted Gov. Terry McAuliffe’s goal of expanding health coverage, came amid accusations that Republicans had enticed him to leave with job offers for himself and his daughter, triggering an ongoing federal investigation. Now, a voice-mail message suggests Puckett fielded a similar overture from Paul Reagan, McAuliffe’s chief of staff, if he stayed in the Senate.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

National:

Mostly Black Cities, Mostly White City Halls

New York Times – Richard Fausset | Published: 9/28/2014

Disparities between the percentage of black residents and the number of black elected officials are facts of life in scores of American cities, particularly in the South. The unrest that followed the shooting death of 18-year-old Michael Brown in Ferguson, Missouri has emphasized how much local elections can matter, and prompted a push there for increased black voter participation. The disparities result from many factors, but Ferguson has become a vivid example of the way a history of political disengagement and underrepresentation can finally turn toxic.

Federal:

Court Reviews Contractor Political Donations

BusinessWeek – Pete Yost (Associated Press) | Published: 9/30/2014

In a dispute over a ban on political contributions by individual federal contractors, U.S. Court of Appeals for the District of Columbia Circuit grappled with reconciling the restrictions and their purpose of preventing corruption with the First Amendment and the various ways contractors could get around the ban. There is no such prohibition for corporate federal contractors that set up political committees or individuals who serve as corporate officers. The challengers filing the lawsuit say the different treatment violates the equal protection clause of the Constitution because similarly situated groups of people are not subject to the ban.

Left Embraces Boycott Politics

The Hill – Julian Hattem | Published: 10/2/2014

From gun control to climate change to same-sex marriage, a number of Fortune 500 companies are succumbing to pressure campaigns and boycotts and are falling in line with liberal positions on issues that Democrats have been unable to move through Congress. The Internet has made corporations a more alluring target to Web-fluent activists trying to change the country’s culture. It has also made companies more responsive. Conservative activists have mounted pressure efforts of their own, but their campaigns are often reacting, staged in support of businesses that are under fire from the left.

U.S. Judge Dismisses Republican Challenge to SEC Pay-to-Play Rule

Reuters – Sarah Lynch and Jonathan Stempel | Published: 9/30/2014

The U.S. Securities and Exchange Commission won dismissal of a lawsuit by state Republican parties in New York and Tennessee claiming its limits on some investment firm campaign contributions violate free-speech rights. U.S. District Court Judge Beryl Howell said her court lacks jurisdiction over the matter and ordered her clerk to close the case. The SEC’s rule bars an investment firm from managing a state’s assets for two years if the company, or certain of its executives, make more than a nominal campaign donation to a state official with power over state contracts with investment advisers.

From the States and Municipalities:

California – Jerry Brown Vetoes California Political Ethics Bills

Fresno Bee – David Siders (Sacramento Bee) | Published: 10/1/2014

California Gov. Jerry Brown vetoed key bills that were passed in response to a series of scandals at the Capitol, saying they would further complicate gift and campaign rules without sufficient benefit to the public. Senate Bill 1443 would have reduced to $200 the value of gifts an official can receive from a single source each year, and banned all gifts from lobbyists. Senate Bill 1442 would have required campaign committees to file finance reports four times a year, doubling the current requirement of twice a year. One measure Brown signed was Senate Bill 1441, which bans campaign fundraisers at lobbyists’ homes.

Florida – U.S. Supreme Court to Hear Former Hillsborough Judicial Candidate’s Fundraising Issue

Tampa Bay Times – Jim Saunders (News Service of Florida) | Published: 10/2/2014

The U.S. Supreme Court will take up a Florida case that focuses on whether judicial candidates should be allowed to personally solicit campaign contributions. The Florida Supreme Court this year upheld a ban on such solicitations, reiterating an earlier position that the prohibition helps in “preserving the integrity of the judiciary and maintaining the public’s confidence in an impartial judiciary.” But attorneys for a former Hillsborough County judicial candidate, Lanell Williams-Yulee, asked the U.S. Supreme Court to take up the issue, contending the ban violates First Amendment rights.

Hawaii – Cachola Fined a Record $50,000 for City Ethics Violations

Hawaii Reporter – Malia Zimmerman | Published: 9/27/2014

The Honolulu Ethics Commission fined state Rep. Romy Cachola, a former member of the city council, $50,000 for multiple alleged violations of city ethics laws, including accepting expensive meals and golf outings from lobbyists. The penalty is the largest civil fine ever approved by the commission, which said it was influenced by persistent violations occurring monthly during several years, as well as Cachola’s repeated disregard of a 2003 directive ordering him to not accept gifts from lobbyists in excess of $200.

Missouri – Ferguson Demands High Fees to Turn over City Files

Philadelphia Inquirer – Jack Gillum (Associated Press) | Published: 9/29/2014

The city of Ferguson has demanded high fees to produce copies of records related to the fatal shooting of 18-year-old Michael Brown that, under Missouri law, it could give away free if it determined the material was in the public’s interest to see. Instead, in some cases, the city has demanded high fees with little explanation or cost breakdown. It billed The Associated Press $135 an hour – for nearly a day’s work – merely to retrieve a handful of email accounts since the shooting. Price-gouging for government files is one way that local, state, and federal agencies have responded to requests for potentially embarrassing information they may not want released.

New York – Lobbyist Ethics Training Is Up and Running

Albany Times Union – Rick Karlin | Published: 9/27/2014

Lobbyists in New York are now able to take an online ethics training course that was mandated in a 2011 law. Registered lobbyists are supposed to complete the course by the end of December. While there is not a clear-cut penalty for failing to do so, the Joint Committee on Public Ethics said it will monitor compliance.

Ohio – Panel Refers Rep. Mallory for Ethics Prosecution

Columbus Dispatch – Jim Siegel | Published: 10/1/2014

The Ohio Joint Legislative Ethics Commission recommended state Rep. Dale Mallory face charges for accepting Cincinnati Bengals tickets from lobbyists and failing to disclose the gifts. The commission found Mallory wrongfully accepted a $77 ticket in 2009 and nearly $284 worth of tickets in 2013. Two lobbyists have already pleaded guilty to not reporting that they gave Mallory the tickets. John Rabenold was fined $2,000 for not disclosing gifts to state lawmakers, including a ticket he gave Mallory for a Bengals game in December 2009. George Glover was fined $500 after he did not disclose or keep receipts for a 2013 Bengals ticket he gave to Mallory.

Pennsylvania – Allegheny Authority Bends Limits on Free Tickets for Pro Sporting Events

Pittsburgh Tribune-Review – Aaron Aupperlee | Published: 9/29/2014

The Pittsburgh Tribune-Tribune said the municipal authority that oversees public sports and entertainment venues in Allegheny County routinely violates its policy to limit the number of free tickets it gives to public officials, and it often does not record who uses its seats or luxury suites at games. “People call and they need them for goodwill; I’ll get them and give them to them,” state Sen. Wayne Fontana, board chairperson of the Sports & Exhibition Authority.

Texas – DeLay’s Decade-Long Legal Fight Comes to an End

Houston Chronicle – Lauren McGaughy | Published: 10/1/2014

Texas’ highest criminal court upheld a lower court’s ruling overturning former U.S. House Majority Leader Tom DeLay’s 2010 conviction for money laundering. DeLay had been found guilty of channeling $190,000 in corporate political donations to Republicans running for the Texas Legislature in 2002 as part of a push to redraw congressional district lines in the state. Texas election law prohibits corporate campaign contributions to state candidates. The Court of Criminal Appeals ruled DeLay was not guilty because Travis County prosecutors could not prove he believed the corporate funds he was funneling to state candidates were “criminal proceeds.”

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

National:

Non-Candidate Spending Increases in State Elections

The Center for Public Integrity – Rachel Baye, Reity O’Brien, Kytja Weir, and Ben Wieder | Published: 9/24/2014

More than 90 non-candidate organizations have spent $55 million to shape races in 30 states, accounting for roughly 19 percent of state-level political ad dollars. Four years ago, such groups spent $50 million and made up only 12 percent of spending. That translates to about 30,000 more ads this cycle from the groups. The increase in spending by non-candidate committees can be traced, in part, to the U.S. Supreme Court’s Citizen United decision, which gave the green light to unions and corporations to spend unlimited funds on ads supporting or opposing candidates.

Secret G.O.P. Records Reveal Corporate Donors Paying for Access to Governors

New York Times – Jonathan Weisman | Published: 9/24/2014

A recent error by the Republican Governors Association (RGA) resulted in the disclosure of exactly the kind of information that political committees given tax-exempt status normally keep secret, namely their corporate donors and the size of their checks. The documents showed many of America’s most prominent companies had poured millions of dollars into the campaigns of GOP governors since 2008. One document listed 17 corporate members of the RGA’s secretive 501(c)(4), the Republican Governors Public Policy Committee, which is allowed to shield its supporters from the public.

Study: Major companies are increasingly disclosing their political spending

Washington Post – Tom Hamburger | Published: 9/24/2014

Top U.S. companies are reporting more details about their political contributions, according to a survey by the Center for Political Accountability. It scored 191 companies on a complex scale that tracked whether they disclose corporate donations to candidates, parties, or trade associations. The center has been leading efforts to require companies to disclose more about their spending. But the push has drawn criticism from business groups, who say more disclosures offer little of value to shareholders.

From the States and Municipalities:

Colorado – Federal Judge Rejects Citizens United Push to Avoid Disclosure Laws

Denver Post – John Frank | Published: 9/22/2014

A federal judge refused to issue an injunction that would have allowed Citizens United to air and advertise a documentary on Colorado politics ahead of the November elections without disclosing funding behind any advertising related to the movie. Citizens United argued it fell under protections for media and its “Rocky Mountain Heist” film did not constitute electioneering communications. Citizens United President David Bossie said his organization would appeal to the 10th U.S. Circuit Court of Appeals.

Connecticut – Rowland, Ex-Connecticut Governor, Is Convicted in Campaign Finance Case

New York Times – Alison Leigh Cowan | Published: 9/19/2014

Former Connecticut Gov. John Rowland, who resigned from office a decade ago in a corruption scandal, was convicted of federal charges that he conspired to hide payment for work on two congressional campaigns. Rowland served 10 months in prison for taking illegal gifts while in office, and now as a repeat offender faces the possibility of a much stiffer sentence. Rowland could have legally worked for a candidate’s campaign and received payment, had it been properly reported. But Rowland’s problem, as U.S. Attorney Christopher Mattei told the jury, was that candidates valued his experience but his criminal history made the association too risky to be revealed.

Georgia – New Ga. Lobbying Rules Still Allow State Legislators to Accept Lavish Summer Travel

The Tribune; Associated Press – | Published: 9/21/2014

An analysis by The Atlanta Journal-Constitution shows lobbyists spent more than $100,000 hosting lawmakers and state officials at roughly two-dozen summertime conferences. Many were held on the coast of Georgia, Florida, and South Carolina during June and July. That spending increased by about 35 percent from 2012, the year before state lawmakers adopted some limits on lobbyist expenditures. But the new law left open a loophole that still allows lobbyists to pay generously when lawmakers travel for work purposes.

Kentucky – Kentucky Election Finance Leader Retiring

WFPL – Phillip Bailey | Published: 9/19/2014

The Kentucky Registry of Election Finance announced that Sarah Jackson will retire as executive director on November 1. The registry appointed budget analyst Rebecca Feland as the interim executive director. Registry Chairperson Craig Dilger said a search for Jackson’s replacement will take several months. “Sarah has been a tremendous asset to the agency and a true professional as executive director; the agency is stronger for it,” said Dilger.

Maine – Gay Donors Missing History in Maine

Politico – Alexander Burns | Published: 9/22/2014

U.S. Rep. Michael Michaud, who is leading Maine’s gubernatorial race six weeks before Election Day, would be the first openly gay candidate ever to become governor of a state. Michaud has gotten to this point with little help from the wealthiest and most influential gay donors in Democratic politics. Some say it is an illustration of the short shrift progressive donors typically give to state-level elections, as well as Michaud’s own status as a new arrival within the gay political community.

North Carolina – North Carolina, in Political Flux, Battles for Its Identity

New York Times – Richard Fausset | Published: 9/22/2014

Unlike other Southern states, which have shifted decidedly rightward in recent years, North Carolina often seems like it is moving in both directions at once. Barack Obama shocked the political world by winning the state in 2008. Two years later, Republicans wrested control of both legislative houses for the first time in more than a century. In a tight race that could decide control of the U.S. Senate, it is Democrats who hold the advantage in registered voters. “It’s a place on the cusp – there’s really a battle going on for the soul of North Carolina,” said Marc Farinella, who was Obama’s 2008 campaign director in the state.

Rhode Island – Groups Challenge Proposed Changes for Those Lobbying Providence City Council

Providence Journal – John Hill | Published: 9/20/2014

Nonprofit groups criticized as burdensome a proposed lobbying ordinance in Providence that would expand disclosure requirements. They focused on one new rule that would define a lobbyist as someone who advocates for an organization or cause for 10 or more hours a year and is paid $2,500 or more for that work. The current standard is 25 hours a year and $2,500. Councilperson Samuel Zurier said a public hearing on the changes will be scheduled.

Rhode Island – Hearing Officer Rules That Corso Lobbied for 38 Studios Deal

Providence Journal – Katherine Gregg | Published: 9/19/2014

A hearing officer hired by the Rhode Island secretary of state’s office ruled attorney Michael Corso should have registered as a lobbyist on behalf of 38 Studios. Secretary of State Ralph Mollis launched the probe in the wake media reports that revealed no one from 38 Studios registered to lobby when a controversial deal to provide the company with state funds was being put together in the Legislature. A contract showed the company pledged to pay Corso $300,000 to interact with government officials, among other duties. The hearing officer set a deadline for Corso to file lobbyist disclosure reports for 2010, or pay a $2,000 fine.

Virginia – McAuliffe Unveils Ethics Panel to Restore Public Trust after McDonnell Convictions

Washington Post – Laura Vozzella | Published: 9/25/2014

Virginia Gov. Terry McAuliffe laid out an ambitious agenda for ethical and political reform in the state, saying it is essential to restore the public’s trust in its government. McAuliffe appointed a bipartisan commission charged with recommending sweeping changes in the laws regarding gifts, campaign contributions, and public disclosure by state officials. The announcement comes less than a month after former Gov. Robert McDonnell and his wife, Maureen, were convicted of corruption.

Wisconsin – Federal Court Overturns Doe Ruling, Sends it Back to State Judges

Milwaukee Journal Sentinel – Jason Stein, Daniel Bice, and Patrick Marley | Published: 9/24/2014

A federal appeals court removed an injunction halting an investigation into whether Wisconsin Gov. Scott Walker’s campaign illegally coordinated with conservative groups on fundraising and spending as he sought to overcome a recall effort. The decision by a panel of the U.S. Court of Appeals for the Seventh Circuit raised the prospect that prosecutors could eventually resume the investigation even as Walker is engaged in a tight battle for re-election. But now the matter returns to Wisconsin’s courts, where a state judge had in effect stopped the inquiry in an earlier ruling, saying he had found no basis for pursuing an inquiry into campaign finance violations.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

National:

Wealthy Citizens Have More Clout in State Government, but Stricter Lobbying Rules Can Help Close the Gap, Baylor Study Finds

Baylor University – Terry Goodrich | Published: 9/16/2014

Baylor University political science professor Patrick Flavin found state lawmakers are more attentive to the political opinions of the wealthy than those of poor people when making policy decisions, but stricter regulations on professional lobbyists can help curb this trend and promote more equal representation. “… Disadvantaged citizens do not enjoy the same level of representation among professional lobbyists [as the wealthy], and correspondingly exert less influence over the policy decisions made by elected officials,” said Flavin.

Federal:

Judge Mulls SEC Limits on Political Donations

Politico – Josh Gerstein | Published: 9/12/2014

A federal judge questioned whether two state Republican parties have legal standing to challenge a Securities and Exchange Commission (SEC) rule that puts some restrictions on asset managers when they make campaign contributions. The New York and Tennessee Republican parties filed a lawsuit against the SEC in August over the 2010 rule, arguing it impedes free speech. They are seeking a preliminary injunction against the rule. Howell also said the SEC’s rule, aimed at reining in donations intended to help investment advisers win business from state-controlled endowments or pension funds, was vague, especially when it comes to preventing indirect contributions.

Tommy Boggs Helped Create Modern World of D.C. Lobbying

Politico – Byron Tau and Anna Palmer | Published: 9/15/2014

Thomas H. Boggs, Jr., who was a pioneer in melding the practice of law and lobbying and led the prominent lobbying shop Patton Boggs for many years, has died at age 73. Few people were as acquainted with power and influence as Boggs, whose father was Democratic majority leader in the U.S. House and whose mother served nine terms in Congress. Starting in the 1960s, when lobbying was often a one-man operation or done by a trade association, Boggs helped transform the profession into a multibillion-dollar enterprise that seeks a vast array of public policy goals.

From the States and Municipalities:

Arizona – State Supreme Court to Rule on Campaign Finance Disclosure Requirements

East Valley Tribune – Howard Fischer (Capitol Media Services) | Published: 9/15/2014

The Committee for Justice and Fairness is asking the Arizona Supreme Court to decide when groups running attack ads against candidates have to disclose who is financing the effort. The committee wants the justices to rule that only groups which run commercials specifically asking viewers to vote for or against someone must spell out the source of the money. What the court ultimately decides will govern what voters know about who is behind the attack ads they will see for years to come.

Arkansas – Why Some Say Arkansas’ Ethics Reform Is a Trojan Horse

Governing Magazine – J.B. Wogan | Published: 9/11/2014

Issue 3 on the November ballot in Arkansas would ban lobbyist gifts to state officials, prohibit direct corporate contributions to candidates, and lengthen the time period before former lawmakers can become lobbyists. But those lobbying and campaign finance reforms have received little attention in the campaign, mostly because another provision would extend term limits for state lawmakers. Because the measure would make several changes at once, it has a long, complicated ballot title and the bill itself is 22 pages, with the term-limits portion tucked away on the 16th page. The length and complexity of the measure has invited speculation that its authors intended to obfuscate its impact on term limits.

Colorado – Ted Olson Argues Citizens United Case in Denver Court

Denver Post – John Frank | Published: 9/16/2014

The conservative organization credited – or blamed – with bringing a flood of money into politics argued in federal court it should be allowed to produce and advertise a film that criticizes Colorado Gov. John Hickenlooper without disclosing who paid for it. Attorneys for Citizens United argued “Rocky Mountain Heist” is a news product and the organization itself should be considered a media outlet with the same protections as members of the press. The urgency of the ruling is heightened with the election seven weeks away.

Connecticut – Panel Condemns NU Exec’s Pro-Malloy Solicitation as ‘Offensive’ – But Finds No Violation

Hartford Courant – Jon Lender | Published: 9/16/2014

The State Elections Enforcement Commission dismissed a complaint against Northeast Utilities Chief Executive Officer Thomas May, but not before offering some harsh criticism of the solicitation the state contractor sent to his employees. Connecticut law prohibits state contractors from contributing to state party accounts or the campaigns of statewide candidates. Even though the email solicitation mentioned Malloy’s accomplishments at length, the commission was unable to find May violated the law because the money went to the party’s federal account.

New York – Former Assemblyman Turned Informer Avoids Prison

New York Times – Benjamin Weiser | Published: 9/11/2014

Former New York Assemblyperson Nelson Castro will not serve any time in prison for making false statements because he “helped clean house” in state politics by cooperating in a lengthy corruption probe that resulted in the conviction of another state Assembly member and five others, said a federal judge. Castro began cooperating in 2009 while still a candidate almost immediately after he was told he was facing a perjury charge in a corruption investigation. For two terms in the Assembly, he wore a wire at times as part of his undercover work. He resigned office after his cooperation was revealed last year.

North Carolina – NC’s Political Watchdogs: The State Ethics Commission’s strengths and weaknesses

Carolina Public Press – John Ellston | Published: 9/17/2014

The Carolina Public Press said its review of the North Carolina Ethics Commission’s first seven years of operation found a bipartisan and vigorous effort to enforce ethics laws that is constrained by a lack of resources, strict confidentiality rules, and limited enforcement powers, and burdened by an ever-expanding mandate. The Public Press profiled the commission’s members, detailed the agency’s duties, and assessed what outside observers say are its strengths and weaknesses.

Ohio – Judge: Ohio politicians allowed to lie

USA Today – Chrissie Thompson (Cincinnati Enquirer) | Published: 9/11/2014

A federal judge struck down as unconstitutional an Ohio election law that banned candidates or independent organizations from lying in campaigns. U.S. District Court Judge Timothy Black ruled the law and its enforcement by the state Elections Commission are “inherently flawed” because the statute requires a government agency to decide whether a candidate or organization had lied in a commercial or billboard. “The answer to false statements in politics is not to force silence, but to encourage truthful speech in response, and to let the voters, not the government, decide what the political truth is,” wrote Black.

Texas – Campaigns, Consultants Disregard Ethics Commission Resolution

Houston Chronicle – David Saleh Rauf | Published: 9/11/2014

The Texas Ethics Commission adopted a resolution last year saying that campaigns should not use the agency’s sworn complaint process as a tool to smear an opposing candidate. But the resolution is a nonbinding decree that carries no enforcement muscle. So it appears that strategists from both parties have decided to disregard the sentiment of the commission in favor of trying to drum up headlines against their political rivals.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

Federal:

FEC Strikes Deal to Revise Campaign Finance Regulations

The Hill – Benjamin Goad | Published: 9/11/2014

The FEC agreed to amend its campaign spending regulations in response to a pair of U.S. Supreme Court rulings. Commissioners plan to formally approve the new guidelines during an October 9 meeting. One rule would further clarify the parameters of the court’s Citizens United decision and codify them into law. A second rule is meant to reconcile the agency’s regulations with the ruling in McCutcheon v. FEC, which scrapped aggregate contribution limits for individual donors in an election cycle. The FEC will also solicit public comment on various implications of the McCutcheon ruling.

State of Political Consulting: Rapid growth, long hours, new approaches

Politico – Tarini Parti | Published: 9/10/2014

Whether it is polling, media relations, fundraising, direct mail, or digital outreach, political consultants said the permanent nature of campaigns, the growing number of outside groups involved in races, and the different ways voters are now consuming information have transformed the industry, making it not just more profitable than ever but also more challenging. There is a survival-of-the-fittest mind-set within the industry, where consultants are quickly adapting to the evolving political landscape – expanding their staff and capabilities at a rapid pace to stay competitive.

From the States and Municipalities:

Arizona – Clean Elections Commission Determines Horne Used $300,000 Worth of State Employee Time for Campaign

East Valley Tribune – Howard Fischer (Capitol Media Services) | Published: 9/9/2014

Citizens Clean Elections Commission Executive Officer Thomas Collins recommended the commission officially rule that Arizona Attorney General Tom Horne violated campaign finance laws by failing to report more than $300,000 worth of state employee time and office space he used for his re-election as contributions to his campaign. If the commission adopts the recommendation, Horne has the chance to explain why Collins was wrong, repay the money, or negotiate a settlement. The commission may initiate enforcement action if the case is not settled. That could include civil penalties and, at worst, the removal of Horne from office.

Connecticut – Case Dismissed, Even Though It’s Likely You’re Guilty – Ethics Agency Played It Both Ways

Hartford Courant – Jon Lender | Published: 9/7/2014

The Connecticut Office of State Ethics has at times sent a letter to some suspected of violating the ethics law saying the case is being dismissed even though the official likely violated the code, a practice known as a “loud dismissal.” Though the process at this level is confidential, the letter goes into the individual’s personnel file and could reappear in a background check. But now, that action has been curtailed. A lawyer representing an unnamed state employee who received a ‘loud dismissal” sent a letter earlier this year to the Citizen’s Ethics Advisory Board, which advises the ethics office, questioning whether the agency had the statutory authority to issue such a penalty.

Florida – Was Miami-Dade Lobbyist a ‘Patriot’ or ‘Snitch’ in FBI Sting of Local Politicians?

Miami Herald – Jay Weaver | Published: 9/6/2014

When the FBI mounted a sting operation targeting corruption in South Florida – dubbed “Miami Hustle” – it recruited lobbyist Michael Kesti as a key player. Kesti was willing to break ranks with his lobbying brethren, unheard of in Miami-Dade County, which has a long history of insider deals and graft. Kesti said he agreed to play the part as his “patriotic duty” to root out what he sees as systemic corruption in local government. Others, including one of the mayors he helped get indicted last year, describe him in less flattering terms, starting with “paid snitch.”

Georgia – Georgia Ethics Commission Fires Director

Rome News-Tribune – Kate Brumback (Associated Press) | Published: 9/8/2014

Holly LaBerge, the head of the Georgia ethics commission, has been fired. A Superior Court judge had fined LaBerge and the state attorney general’s office $10,000 each for not disclosing documents as part of a lawsuit filed by former commission Executive Secretary Stacey Kalberman, who said she was forced out of her job for investigating complaints against Gov. Nathan Deal. Commission Chairperson Hillary Stringfellow said the judge’s order shows LaBerge’s conduct “fundamentally conflicts with the specific mission and purpose of this commission and therefore with her own duties and responsibilities as executive secretary.”

Georgia – Rule Changes Proposed From State Ethics Commission

Peach Pundit; Staff –   | Published: 9/9/2014

The Georgia ethics commission proposed new rules that would affect the state’s campaign finance and lobbying laws. Commissioners will discuss those possible changes at a September 30 meeting. The rules would, among other provisions, clarify that contributions to political parties and PACs do not count towards the $25,000 annual threshold that triggers registration and reporting. They also would allow one or more lobbyists to split an expenditure provided a single lobbyist does not exceed the limit of $75.

Montana – Nonprofit Wants Montana Campaign Finance Laws Ruled Unconstitutional

Greenfield Daily Reporter – Matt Volz (Associated Press) | Published: 9/5/2014

Montanans for Community Development filed a lawsuit asked a federal judge to strike down as unconstitutional major provisions of the state’s campaign finance law. The nonprofit group also wants to prevent the state from enforcing those laws before this year’s elections. The lawsuit argues the definitions of campaign contributions and expenditures are too vague, and the definition of a political committee is overly broad.

Nebraska – Lt. Gov. Lavon L. Heidemann of Nebraska Steps Down

New York Times – Mitch Smith | Published: 9/9/2014

Nebraska Lt. Gov. Lavon Heidemann resigned from office and ended his candidacy, one day after a judge granted a protection order to keep him away from his sister, who accused him of assault. But because the deadline for being dropped from the ballot has passed, his name might still be listed on the November ballot. Heidemann’s sister, Lois Bohling, said in a sworn statement her brother grabbed her wrists and pushed her out of their mother’s bedroom during a dispute involving farmland and their 84-year-old mother’s care.

New Jersey – ELEC Analysis: Top 25 NJ special interest groups spent $311 million on campaign contributions, lobbying and independent spending over 15 years

PolitickerNJ; Staff –   | Published: 9/10/2014

Labor unions, trade associations, political committees, and other special-interest groups have spent a combined $311 million over the last 15 years in New Jersey trying to influence elections and lawmaking, according to a report released by the state Election Law Enforcement Commission. Labor unions, with $171 million in expenditures, were responsible for much of the overall spending since 1999, the year the state started maintaining the records online. The New Jersey Education Association, the state’s largest teachers union, spent a combined $57 million.

New York – Just Don’t Call These Consultants Lobbyists

Crain’s New York Business – Chris Bragg | Published: 9/7/2014

There is a growing industry of strategic consultants who do not register as lobbyists yet nonetheless have close ties with New York politicians and represent clients with interests before government. These non-lobbyists get many of the lucrative paychecks accorded their registered peers without the scrutiny that comes with mandatory disclosure reports, and it is legal. “It’s a very fine line to walk; you end up having to trust that person, and you put your trust in how they are representing themselves,” said Viveca Novak of the Center for Responsive Politics.

North Carolina – Ethics Disclosure Statements Offline after Privacy Complaints

WRAL – Mark Binker | Published: 9/9/2014

A North Carolina law requires both elected officials and certain appointed policymakers to file forms with the state disclosing their financial interest as a way of avoiding, or at least exposing, potential conflicts between private and public actions. Paper and electronic copies of those forms have long been available upon request, but the state ethics commission’s staff began making them available online July 1. But now, the commission has temporarily shut down the Internet portal due largely to complaints from some of those who have to file the disclosures.

South Carolina – House Speaker Bobby Harrell Indicted on Nine Counts in Corruption Probe

Charleston Post & Courier – Jeremy Borden and Schuyler Kropf | Published: 9/10/2014

South Carolina House Speaker Bobby Harrell was indicted on a slate of campaign finance violations, including allegedly claiming reimbursement for private flights he did not take and using campaign donations to hire an employee for his private insurance business. Harrell faces nine counts, including misconduct in office, false reporting on campaign disclosures, and using campaign funds for personal expenses. The charges endanger Harrell’s reign as speaker, which is among the most powerful roles in a state like South Carolina, where the legislative branch has more power to spend money and set the agenda than the executive branch.

Wisconsin – Judge Orders State Not to Enforce PAC Limits Law

Wisconsin Law Journal – Scott Bauer (Associated Press) | Published: 9/8/2014

U.S. District Court Judge Rudolph Randa ordered the Wisconsin Government Accountability Board not enforce the law limiting how much money candidates can collect from PACs. The ruling came in a lawsuit brought by the CRG Network, a PAC that works to elect conservative candidates. The group argued the limits were a violation of its free speech rights. Randa, in issuing the preliminary injunction, said the group was likely to succeed on that claim.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

National:

Voting Restrictions Are Key Variable in Midterm Elections

New York Times – John Harwood | Published: 9/3/2014

After decades of expansion in American voting methods, an estimated one-third of all ballots this year will be cast before the traditional Election Day on November 4. Yet this year, the trend collides with a Republican-led pushback in some states – for reasons of cost-cutting and election integrity or, as the Obama administration and civil rights groups suggest, crimping turnout by Democrats. Various new restrictions on voting, which range from more stringent identification requirements to fewer registration opportunities to curbs on early voting, have been put in place. A critical election variable is whether the new limits will tilt close races.

Federal:

Wealthy Political Donors Seize on New Latitude to Give to Unlimited Candidates

Washington Post – Matea Gold | Published: 9/2/2014

Wealthy political donors have more access than ever to candidates since the ruling in McCutcheon v. Federal Election Commission, which did away with the aggregate contribution limit for congressional candidates. More than 300 donors have seized the opportunity, writing checks at such a furious pace that they have exceeded the old limit of $123,200 for this election cycle, according to data from the Center for Responsive Politics. Together, 310 donors gave a combined $11.6 million more by this summer than would have been allowed before the ruling.

From the States and Municipalities:

Alabama – John Carroll Appointed Acting Ethics Commission Director

Montgomery Advertiser – Brian Lyman | Published: 9/2/2014

John Carroll, a retired federal judge and former law school dean, will serve as acting director of the Alabama Ethics Commission beginning October 1, succeeding Jim Sumner. The commission is still seeking a permanent director for the position, and plans to accept applications until September 30. Any individual selected for the position will have to be confirmed by the state Senate, which is not expected to reconvene until next March.

California – California Lawmakers Send Governor New Gift Rules after Scandals

Los Angeles Times – Patrick McGreevy | Published: 8/29/2014

California lawmakers gave final approval to a bill that reduces to $200 from $440 the value of gifts officials can receive from a single source each year. Senate Bill 1443, which was sent to Gov. Jerry Brown, also bans all gifts from lobbyists. The legislation prohibits officials from accepting certain kinds of gifts from anyone, including tickets to concerts, sports events, and amusement parks; spa services and rounds of golf; and cash and gift cards.

California – Legislative Session Ends with Campaign-Finance Bills Growing out of Senate Corruption Cases

Columbus Republic – Fenit Nirappel (Associated Press) | Published: 8/30/2014

California lawmakers approved two bills aimed at addressing a string of recent scandals. Senate Bill 1442 would increase the frequency of detailed campaign spending reports from twice a year to quarterly. Senate Bill 831 would ban elected officials from requesting payments on their behalf to nonprofit organizations run by family members, a tactic sometimes used in place of campaign contributions. It would also require nonprofit groups that pay for politicians to go on trips to disclose the donors who fund the travel. Both bills now head to the governor’s desk.

Colorado – Federal Lawsuit Challenges McCain-Feingold Disclosure Law

Legal Newsline – David Yates | Published: 9/4/2014

The Center for Competitive Politics filed two lawsuits on behalf of a Colorado think tank, asserting that similar state and federal campaign finance disclosure laws are unconstitutional. The Independence Institute wants to run two ads, one asking U.S. Sens. Mark Udall and Michael Bennett to support a federal sentencing reform bill, and one asking citizens to urge Colorado Gov. John Hickenlooper to initiate an audit of the state Health Benefit Exchange. But the institute claims the Bipartisan Campaign Reform Act, along with a similar Colorado law, effectively prevents the group from raising money for the ads.

Florida – Tallahassee Voters Will Decide Ethics Proposal

Tallahassee Democrat – Jeff Burlew | Published: 9/3/2014

Tallahassee voters will get to decide whether to add an ethics code to the city’s charter in November. The city commission approved the ballot measure after a judge ruled the amendment complied with state law. If approved by voters, the charter amendment would create an ethics and anti-corruption policy, require enactment of an ethics code, establish an ethics board, lower the cap on campaign donations, and allow for limited public financing of campaigns.

Georgia – Judge Issues $20,000 in Sanctions against AG, Ethics Commission Director over Trial Documents

Greenfield Daily Reporter – Christina Cassidy (Associated Press) | Published: 9/3/2014

A judge fined the Georgia attorney general’s office and the executive secretary of the state ethics commission for neglecting to hand over key documents in a whistleblower lawsuit against the commission. Fulton County Superior Court Judge Ural Glanville ordered Holly LaBerge and the attorney general’s office to each pay $10,000 to cover the litigation expenses of the plaintiff, former ethics commission Executive Secretary Stacy Kalberman. “The court is extremely troubled by the behavior of … LaBerge, who has been dishonest and non-transparent throughout these proceedings,” wrote Glanville.

Illinois – Emanuel Signing Order to Boost Contractors’ Minimum Wage Rate

Chicago Tribune – John Byrne | Published: 9/3/2014

Chicago Mayor Rahm Emanuel signed an executive order that requires city contractors and subcontractors to pay employees a $13-an-hour minimum wage. It will apply to city contractors advertised after October 1 and will affect about 1,000 contracted employees, typically landscapers, maintenance workers, security officers, concessionaires, and custodians.

Mississippi – Appeal May Revive Campaign-Spending Law

Courthouse News Service – Sabrina Canfield | Published: 9/4/2014

The state of Mississippi is asking the Fifth U.S. Circuit Court of Appeals to reverse a lower court ruling that found part of a campaign finance law unconstitutional. Under the state law, groups seeking to support or oppose statewide ballot measures must register as a political committee if they receive contributions of more than $200 or spend more than $200 during a calendar year. Opponents argue the $200 threshold is so low it would be impossible for a group of people to run a quarter-page ad in their local newspaper without having to become a political committee.

Rhode Island – Convicted R.I. Hospital Executive Urciuoli Seeks $3.6M in Severance, Trial Costs

Providence Journal – Katie Mulvaney | Published: 9/3/2014

Robert Urciuoli, a former executive at Roger Williams Medical Center who was convicted on corruption charges, is seeking nearly $3.6 million in severance pay and legal costs from the Providence hospital. Urciuoli says in federal court papers he could only be terminated for “cause” under his contract as the hospital’s chief executive. He also said evidence shows his lawyers told him a deal to promote the hospital and a nursing home with former state Sen. John Celona was legal. Urciuoli served a three-year prison sentence for buying Celona’s influence. Celona pleaded guilty and also served prison time.

Virginia – Ex-Governor McDonnell and Wife Convicted After Corruption Trial

New York Times – Trip Gabriel | Published: 9/4/2014

A federal jury found former Virginia Gov. Robert McDonnell and his wife, Maureen, guilty of public corruption. Robert McDonnell was convicted of 11 corruption-related counts, though acquitted of lying on loan documents. The former first lady was convicted of eight corruption-related charges, along with obstruction of justice. Maureen McDonnell was acquitted of lying on a loan document. The jury found the McDonnells lent the prestige of the governor’s office to businessperson Jonnie Williams Sr. in exchange for $177,000 in gifts and loans. The five-week trial at times resembled a soap opera, as the McDonnells endured an embarrassing dissection of their relationship.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.