January 9, 2015 •
News You Can Use Digest – January 9, 2015
National: Governors’ Inaugurals Fueled by Political Donors Raleigh News & Observer – Paul Weber (Associated Press) | Published: 1/3/2015 Eleven new governors are taking office in January, and nearly two dozen others are renewing their oaths for second, third, or – […]
National:
Governors’ Inaugurals Fueled by Political Donors
Raleigh News & Observer – Paul Weber (Associated Press) | Published: 1/3/2015
Eleven new governors are taking office in January, and nearly two dozen others are renewing their oaths for second, third, or – in the case of Iowa Gov. Terry Branstad – sixth terms. Many will celebrate with bands and blowout balls, with much of the bill footed by the same supporters who bankrolled their victorious campaigns. In many states, corporate money that was banned before Election Day is allowed to cover the tab for inaugural parties. Critics see the events as another means for corporations and wealthy individuals to curry political favor with the state’s highest office, and in many cases without the transparency required by usual campaign finance laws.
Jeb Bush Education Foundation Played Leading Role in Mixing Politics, Policy
Washington Post – Lindsey Layton | Published: 1/6/2015
Jeb Bush’s Foundation for Excellence in Education has played a leading role in many states since its creation in 2008, following his two terms as governor of Florida. It has forged an unusual role mixing politics and policy – drafting legislation and paying travel expenses for state officials, lobbying lawmakers, and connecting public officials with industry executives seeking government contracts. The foundation, from which Bush resigned as chairperson as part of his preparations for a possible White House bid, has been criticized as a backdoor vehicle for major corporations to urge state officials to adopt policies that would enrich the companies.
Federal:
All Cooled Off: As Congress convenes, former colleagues will soon be calling from K Street
Center for Responsive Politics – Staff | Published: 1/5/2015
A key provision of the Honest Leadership and Open Government Act reined in lobbying by members of Congress, their top staffers, and other key government officials who move from their federal posts directly into the influence industry. The idea was to limit their ability to benefit immediately on their insider knowledge by lobbying their former colleagues. The restrictions, which vary depending on an individual’s government position, are lifted after a set period of time. But of the 104 former members and staff whose waiting period ends during the first session of the 114th Congress, 29 are already in government relations, “public affairs,” or serve as counsel at a firm that lobbies. And 13 of those are even registered as lobbyists, working to shape policy in Congress or the executive branch on behalf of paying clients.
Judge Candidates’ Free-Speech Rights at Issue before the Supreme Court
Washington Post – Rober Barnes | Published: 1/4/2015
Voters failed to find Lanell Williams-Yulee’s candidacy for Hillsborough County judge compelling, but the U.S. Supreme Court has a greater interest. The justices will consider whether the action that resulted in a rebuke by the Florida Bar Association and a fine of more than $1,800 – violating Florida’s restriction against directly soliciting contributions to judge campaigns – is instead an unreasonable constraint on Williams-Yulee’s right to free speech. Thirty states prohibit judicial candidates from directly asking for campaign contributions, in most cases leaving that work to a committee the candidate establishes. The Florida Supreme Court, found the restriction is constitutional.
From the States and Municipalities:
Arizona – Glendale Officials Take Free Tickets to Concerts, Sports
Arizona Republic – Pete Corbett | Published: 1/7/2015
City administrators, Glendale City Council members, and their guests received 90 free tickets for seats in a suite at 13 concerts at the city-owned Gila River Arena the past two years, including shows by Taylor Swift, Katy Perry, Justin Timberlake, and the Who. Some watchdogs said the practice raises ethical, and possibly legal, issues for city officials. “We’re all cognizant at how the public looks at this, how this looks for us to get free tickets in a taxpayer-funded facility,” said former Vice Mayor Yvonne Knaack.
Maine – LD 1750: A study in how special interests get their way in the Maine Legislature
St. John Valley Times – Naomi Schalit (Maine Center for Public Interest Reporting) | Published: 1/6/2015
During the summer of 2013, the Maine Department of Environmental Protection made things harder for wind developers by putting more requirements into permit applications. The wind lobby saw the new requirements as illegal and obstructionist, and they believed the red tape would slow down or even halt the expansion plans of their multi-million-dollar industry. They needed help and by the summer of 2014, they knew where to go: to their friend and supporter Justin Alfond, the president of the state Senate. Critics say the story of how the wind industry’s problem was taken up by Alfond and his staff demonstrates a deep level of coordination between special interests and legislative leaders that often leaves citizens on the sidelines of the democratic process.
Maryland – Official Says He Was Wrong to Ask That His Name Not Be Used
New York Times – Associated Press | Published: 1/7/2015
Frederick County Council member Kirby Delauter apologized for threatening to sue a local newspaper if it used his name without permission, an ultimatum that earned him a two-day skewering in the blogosphere. Delauter said he had acted abruptly and out of frustration. Delauter supporter Tom Caulfield, owner of Chubby’s BBQ, said Delauter is a selfless public servant under constant attack by liberals and The Frederick News-Post. He likened him to Howard Beale, the angry television anchorman in the 1976 film, “Network,” who shouted, “I’m as mad as hell and I’m not going to take this anymore!” Former county board member Kai Hagen said the scorn heaped on Delauter online was well-deserved. “His behavior is crude. He is completely, it seems, incapable of empathy and sympathy and understanding,” said Hagen.
Massachusetts – Inaugural’s Top Donors Mingle with Key Officials
Boston Globe – Stephanie Ebbert | Published: 1/8/2015
The night before he was to be sworn in as governor of Massachusetts, Charlie Baker invited the top private sponsors of his inaugural celebration to a dinner at Alden Castle, where they could meet his incoming Cabinet members. About 100 people were invited to join the governor-elect at the “candlelight dinner.” State employees and Cabinet secretaries are not allowed to be named in fundraising material or featured at fundraising events. Baker senior adviser Jim Conroy distinguished the inaugural-eve gathering from campaign events, saying the presence of incoming Cabinet members was not advertised to donors. He said those who gave $25,000 received two tickets.
Missouri – Publisher’s Parties Highlight Reporting Issues in Missouri Ethics Laws
Columbia Daily Tribune – Rudi Keller | Published: 1/4/2015
The offices of the Missouri Times was the venue last year for legislators and their staffs to enjoy parties with lobbyist-paid liquor and snacks that went largely unreported to the state Ethics Commission. Publisher Scott Faughn called each party an “unveiling,” honoring a particular lawmaker. He text-messaged invitations with the names of sponsoring lobbyists or organizations. Faughn recalled that as many as six were held. A review of reports from individual lobbyists and the registered representatives of organizations named in text messages showed only one was reported. Faughn said he checked with the commission and believes lobbyists are not required to report the money spent for refreshments at the parties.
New Jersey – Christie’s Ties to Cowboys Owner Raise Ethics Questions
USA Today – Bob Jordan (Asbury Park Press) | Published: 1/6/2014
New Jersey Gov. Chris Christie has now attended three games at the invitation of Dallas Cowboys owner Jerry Jones, who picked up the tab for the tickets and travel. Video of a clumsy hug between Christie and Jones in the owner’s luxury box during a key moment of a playoff game has gone viral. It also has focused fresh attention on the relationship between the potential Republican presidential hopeful and Jones. Christie in 2013 vouched for a Jones group in bidding for a Port Authority of New York and New Jersey contract worth millions of dollars.
South Carolina – McMaster Facing State Ethics Charges
The State – Andrew Shain | Published: 1/6/2015
South Carolina Lt. Gov.-Elect Henry McMaster faces 51 counts of campaign finance violations dating to his 2010 campaign for governor. A closed-door hearing in the case has been scheduled for March 18. McMaster, the state’s former attorney general, lost the Republican gubernatorial primary in 2010 to Gov. Nikki Haley. After the loss, McMaster continued to accept donations in excess of maximum contribution limits, alleges the complaint. “His campaign created a phantom general election in which he was not participating and solicited additional donations for that election in an effort to circumvent the law,” says the complaint.
Virginia – Bob McDonnell, Ex-Governor of Virginia, Sentenced to 2 Years for Corruption
New York Times – Jennifer Steinhauer | Published: 1/6/2015
Former Virginia Gov. Bob McDonnell was sentenced to two years in prison for public corruption. He was accused of selling the influence of his office to the chief executive of a dietary supplements company. A jury found McDonnell and his wife were guilty of accepting more than $165,000 in loans and gifts, including a Rolex watch, in exchange for promoting a nutritional supplement marketed by Star Scientific. McDonnell, who was once considered a possible contender for the White House, initially faced the prospect of up to 20 years in prison, but the judge lowered that range to six-and-a-half to eight years. McDonnell’s lawyers, citing what they described as years of good work and commitment to public service, had argued a sentence of community service should suffice.
Wisconsin – Republicans Eye Rewrite of Campaign Finance Laws, Other Election Changes
Chippewa Herald – Matthew DeFour | Published: 1/4/2015
Republicans are poised to make the most sweeping revisions to Wisconsin’s campaign finance law in decades. Many of those changes are already in effect after a series of federal court decisions made many current laws unenforceable. But a more comprehensive rewrite is in the works, and the overhaul is getting a thumbs up from the Government Accountability Board, a frequent target of GOP ire that is itself in line for a possible makeover. Among other things, lawmakers are considering increasing campaign contribution limits and clarifying the coordination restrictions at the heart of a recent investigation into Gov. Scott Walker’s recall campaign.
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.
January 2, 2015 •
News You Can Use Digest – January 2, 2015
National: A Bipartisan Push to Limit Lobbyists’ Sway over Attorneys General New York Times – Eric Lipton | Published: 12/26/2014 A series of articles in The New York Times examined how lawyers and lobbyists – from major corporations, energy companies, and […]
National:
A Bipartisan Push to Limit Lobbyists’ Sway over Attorneys General
New York Times – Eric Lipton | Published: 12/26/2014
A series of articles in The New York Times examined how lawyers and lobbyists – from major corporations, energy companies, and even plaintiffs’ law firms – have increasingly tried to influence state attorneys general. These outside players have tried to shut down investigations, enlist the attorneys general as partners in litigation, or use their clout to try to block or strengthen regulations emerging from Washington, found the investigation. A debate has started among state attorneys general, even those who believe the problem is more about the perception of a possible conflict-of-interest, over steps that could be taken to insulate them from outside influence.
Cuomo and Christie, Defying Legislatures, Reject Bill to Overhaul Port Authority
New York Times – Jesse McKinley | Published: 12/27/2014
Governors Chris Christie and Andrew Cuomo vetoed legislation passed unanimously in both of their state Legislatures that would change the management structure at the Port Authority of New York and New Jersey. Instead, Christie and Cuomo said they accepted revisions recommended by a special panel to reorganize the agency. The veto came as prosecutors continue to investigate the politically motivated lane closings at the bridge last year, a scandal that marred Christie’s reputation. The bi-state agency has also faced ethical questions over its reputation for rewarding politically connected officials with patronage jobs and allies with lucrative contracts.
What We Learned about the American Voter in 2014
Politico – Jonathan Topaz | Published: 12/31/2014
The Republican landslide in the midterm elections has both parties poring over voting data, hoping to glean insights about the current state of the electorate before the 2016 election. But it might take until the next presidential cycle to answer the most pressing question of whether the GOP’s success in 2014 is the result of significant changes in how voters view the two parties, or the structural difference between the electorates in presidential and midterm years so great that Democrats still maintain a strong demographic advantage going into 2016.
Federal:
Big Money Breaks Out
Politico – Kenneth Vogel | Published: 12/29/2014
Billionaires Michael Bloomberg, Sheldon Adelson, and David Koch were among the top 10 largest contributors to federal political campaigns in the 2014 midterm elections, according to Politico. The 100 biggest campaign donors gave $323 million in 2014, almost as much as the $356 million given by the estimated 4.75 million people who gave $200 or less. The trajectory is pointing to a heyday of mega-donors, asserted political consultant Mark McKinnon. “When 100 big donors give as much almost 5 million small donors, with whom do we expect candidates to spend their time, and whose interests do we think they will represent?” asked McKinnon.
Republicans Try to Fix Damage Scalise’s 2002 Speech Could Do in 2016
New York Times – Jonathan Martin and Jackie Calmes | Published: 12/30/2014
U.S. Rep. Steve Scalise, the House majority whip, acknowledged he spoke to a white supremacy group in 2002, though he said he did not realize what kind of organization it was, is not affiliated with it, and does not agree with its beliefs. The group was the European-American Unity and Rights Organization, founded by David Duke, a former grand wizard of the Ku Klux Klan. The controversy erupted as Republicans were making a renewed effort to reach out to black voters. It threatened to cloud their agenda after capturing control of the Senate and adding to their House majority in the midterm election.
From the States and Municipalities:
Arizona – Firing of VA Clinic Chief Upheld over Gifts, Not Wait Times
USA Today – John Wagner (Arizona Republic) | Published: 12/24/2014
An administrative judge upheld the dismissal of the director of the Veterans Affairs (VA) health care system in Phoenix for accepting more than $13,000 in airline tickets and other gifts from a consultant for the health care industry and for failing to disclose some of the gifts. The former director, Sharon Helman, had also been implicated in the falsification of the hospital’s waiting lists for care, a problem at Phoenix and other veterans’ hospitals that roiled the VA. But the administrative judge, Stephen Mish, concluded the department had not provided sufficient evidence to justify firing Helman for the manipulation of waiting lists, which concealed delays in providing care to veterans.
California – New FPPC Chair Takes Low-Profile Approach
Sacramento Bee – Laurel Rosenhall | Published: 12/24/2014
As Jodi Remke takes the mantle as chairperson of the California Fair Political Practices Commission, she said she is mainly focused on beating bureaucracy at the agency. Her predecessor, Ann Ravel, brought national attention to the sometimes-obscure commission that polices California’s lobbying and campaign finance laws. Remke said she wants to continue Ravel’s work going after serious violations of the state’s Political Reform Act. But she has her own vision for the position, too, one that involves increasing the FPPC’s use of technology and streamlining the requirements involved for officials to follow the law.
California – Politicians Use ‘Ghost’ Campaigns to Fight Specter of Lost Funds
San Francisco Chronicle – John Wildermuth | Published: 12/25/2014
California election law requires candidates to close their campaign accounts and disburse the money within two years after losing an election or being termed out of office, unless they are planning to run for another office. Plenty of out-of-work politicians want to hang on to their campaign cash for as long as they can, however, and the rule has forced some veteran officeholders into some unusual political contortions. At age 82, former state Sen. John Burton is head of the California Democratic Party, but he has opened a not-especially-active campaign for state superintendent of public instruction four years from now.
Georgia – University System of Georgia Spent More Than $48,000 on Perks for State Lawmakers
Columbus Republic; Associated Press – | Published: 12/28/2014
A state law passed in 2013 prohibits Georgia legislators from receiving gifts worth more than $75. But that law also excludes public employees from being considered lobbyists. University System of Georgia officials spent tens of thousands of dollars in 2014 on football tickets, meals, and events for state lawmakers. Some lawmakers say University System officials acting in a lobbying capacity should have to register as such and report their spending to the state.
Massachusetts – State Campaign Contributions Set to Double
Boston Globe – Joshua Miller | Published: 12/27/2014
Candidates for all municipal, county, and state elected offices in Massachusetts can now raise $1,000 per year from individuals, double the old limit of $500. The change, part of a multifaceted campaign finance package signed into law this summer, is certain to be a boon to campaign accounts. Beyond that, there is dispute about what the increase might mean. Some believe the increase will simply make campaigns more expensive. Others think it might allow politicians to raise the money they need in less time, and spend their newly free hours with regular voters, building support.
Missouri – With Lobbyists, Missouri Lawmakers Golf and Dine Far from Jefferson City
PoliticMo.com – Eli Yokely | Published: 12/30/2014
In Jefferson City, where the statehouse is governed by no limits on personal gifts and campaign contributions to lawmakers from lobbyists, it is common practice for legislators to get their meals, lodging, and drinks paid for by lobbyists, according to records maintained by the Missouri Ethics Commission. But on a recent trip to Las Vegas trip attended by three lobbyists and eight lawmakers, the only thing that was reported to the commission was an $8.50 expense from Noranda Aluminum executive Charles Skoda to Rep. Don Gosen. Though no exchange of gifts was reported, the episode reveals the close ties lobbyists form with state lawmakers and the extent to which they can legally go to push their agenda.
New York – U.S. Said to Investigate Sheldon Silver, New York Assembly Speaker, Over Payments
New York Times – William Rashbaum, Thomas, Kaplan, and Susanne Craig | Published: 12/29/2014
Federal authorities are investigating the sources of income of New York Assembly Speaker Sheldon Silver. The probe stems from an inquiry U.S. Attorney Preet Bharara began in April after Gov. Andrew Cuomo disbanded a panel examining corruption in the state Legislature. Among the areas the panel looked into was lawmakers’ sources of income, which must be disclosed. In addition to his $121,000 salary from the state, Silver has for years listed income from acting as “of counsel” to Weitz & Luxenberg, though he has declined to say what he does for the law firm. In 2013, Silver said he made from $650,000 to $750,000 from outside work including, though not limited to, Weitz & Luxenberg.
North Carolina – Opinion Says Lawmakers Can Raise Money for Political Nonprofits
WRAL – Mark Binker | Published: 12/29/2014
The Legislative Ethics Committee issued an opinion saying North Carolina lawmakers are allowed to raise money for political nonprofits that collect cash to lobby or elect members to the General Assembly. Raising money for political nonprofits is frequently easier than gathering cash into campaign accounts because the same fundraising limits do not apply and nonprofits are often not required to disclose the names of donors. Nonprofits also can raise money from interested groups when an important legislative decision is approaching, rather than having to wait like lawmakers until after the session ends.
Oklahoma – Ethics Agency Fails To Collect Most Fees
KGOU – M. Scott Carter (Oklahoma Watch) | Published: 12/29/2014
As of early 2014, candidates, their campaigns, and other organizations owed the Oklahoma Ethics Commission more than $200,000 in unpaid fees for late or no filing of statements of income and spending. The commission’s executive director said many fees probably will never be collected because of a lack of resources. The agency decided to stop assessing late fees this year partly because it needed to establish new rules for imposing fees. Dozens of political groups and campaigns in the 2014 election failed to meet deadlines for filing their statements.
Washington – PDC Finding It Hard to Get Money to Make Upgrades to Its Campaign-Finance Web Site
Tacoma News Tribune – Brad Shannon (The Olympian) | Published: 12/26/2014
The budget for the Public Disclosure Commission is cut by two percent in Washington Gov. Jay Inslee’s proposed spending plan for 2015-17, including elimination of three employees that would leave staffing at fewer than 17 full-time equivalent positions. The agency had suggested the staffing cuts, including elimination of a vacant in-house legal counsel position. But it also wanted to invest potentially $200,000 into upgrades making it easier for candidates and lobbyists to file reports and for the public to find and understand them.
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.
December 26, 2014 •
News You Can Use Digest – December 26, 2014
National: Here’s Where Campaign Finance Reform May Move Ahead As Congress Dithers Huffington Post – Paul Blumenthal | Published: 12/21/2014 While campaign finance reform is unlikely in Congress, it is possible in some states, where extreme polarization on the issue of […]
National:
Here’s Where Campaign Finance Reform May Move Ahead As Congress Dithers
Huffington Post – Paul Blumenthal | Published: 12/21/2014
While campaign finance reform is unlikely in Congress, it is possible in some states, where extreme polarization on the issue of money in politics is less evident than in Washington, D.C. Many states and municipalities have already enacted new disclosure laws and rules governing candidates’ coordination with independent groups. Still others have pushed for small-donor matching fund systems to dilute the power of big money, or have passed conflict-of-interest restrictions on gifts from lobbyists and contractors.
Lawyers Create Big Paydays by Coaxing Attorneys General to Sue
New York Times – Eric Lipton | Published: 12/18/2014
There is a flourishing industry that pairs plaintiffs’ lawyers with state attorneys general to sue companies, a collaboration that has set off a furious competition between trial lawyers and corporate lobbyists to influence these officials. While prospecting for contracts, the private lawyers have also donated tens of thousands of dollars to campaigns of individual attorneys general, as well as party-backed organizations that they run. The donations often come in large chunks just before or after the firms sign contracts to represent the state, show campaign finance records and more than 240 contracts examined by The New York Times.
Federal:
National Parties, Donors Embrace Higher Campaign Limits
USA Today – Fredreka Schouten | Published: 12/22/2014
The national political parties and some of their biggest donors are embracing a new law that dramatically increases contribution limits, saying it could help the parties stage a financial comeback in an era of unlimited spending by super PACs. Some third-party groups on the left and the right of the political spectrum, however, are not as pleased, warning the national parties will have more power to drown out upstart politicians challenging the establishment’s favored candidates., Everyone agrees on one point: more campaign money will start to slosh through federal elections, just as the 2016 presidential campaign heats up.
Rep. Michael Grimm Pleads Guilty in Tax Case, Refuses to Resign
Los Angeles Times – Christine Mai-Duc | Published: 12/23/2014
U.S. Rep. Michael Grimm will not resign despite pleading guilty to one felony charge of filing false tax returns for a restaurant he owned, raising a challenge for Republican leaders if they seek to force him from office. He could be expelled from following a vote by the full House, but those proceedings could take weeks or even months. Grimm, a former FBI agent, was hit with 20-count indictment in April. Initially, federal investigators looked into allegations of campaign finance violations, but no charges were ever filed as part of that probe. Prosecutors accused Grimm of under-reporting his employees’ wages to the IRS, paying them in envelopes full of cash, and said he had lied under oath when he claimed he was not responsible for handling payroll.
Waning Influence? Part 3: Ups and Downs, by Industry
Center for Responsive Politics – Dan Auble | Published: 12/22/2014
Overall spending on lobbying has been on a downward trajectory since 2010 and the number of active lobbyists has seen an even longer-term and more drastic drop. The Center for Responsive Politics attempted to identify whether particular industries have contributed more than their fair share to the decrease. Lobbying spending may have dropped by 15 percent since 2009, but not all industries have cut their spending. Fifty-six industries outperformed the overall trend, and 24 actually increased spending since 2009. About 33 fell at a more drastic rate than the average, suggesting they may have contributed more to the overall decline than could be made up by those on the rise.
From the States and Municipalities:
Maine – Maine Public in the Dark on Local-Issue Lobbying
Portland Press Herald – Steve Mistler | Published: 12/22/2014
Advocates for transparency in government say the failure to require lobbying disclosures at the local level makes it hard for citizens to know who is trying to influence elected officials, at a time when well-funded national groups are pouring millions of dollars into state and local politics. No Maine community has a lobbying disclosure rule, and the only time the state imposes a reporting requirement on cities and towns is when a community with more than 15,000 residents takes up a local referendum question.
Massachusetts – Boston-to-D.C. Flights Showcase Region’s Power Players
Boston Globe – Matt Viser | Published: 12/23/2014
The hourly shuttle flights between Boston and Reagan National Airport are a vital connection between the nation’s capital and The Hub in more ways than one. The shuttle provides an airborne showcase of the region’s power players as they travel to private dinners, fundraisers, and congressional hearings. For members of Congress, it can be like office hours, where they are forced to confront constituents who happen to be seat mates. Gate agents report passengers frequently request a new seat assignment so they can be next to a person with whom they are hoping to conduct business.
North Carolina – NC Supreme Court Upholds GOP-Drawn Legislative and Congressional Districts
Raleigh News & Observer – Ann Blythe | Published: 12/19/2014
The North Carolina Supreme Court upheld the Republican-led redrawing of congressional and legislative districts in 2011. Democratic voters and others challenging the boundaries argue that 30 legislative and congressional districts were designed to weaken the overall influence of black voters in North Carolina. The challengers contend the shepherds of the redistricting packed black voters into districts where they had already been successful in electing their candidates of choice despite being in the minority. Republicans have argued they followed the law when creating districts.
Pennsylvania – Kane’s Account of Sting Draws Increasing Fire
Philadelphia Inquirer – Craig McCoy and Angela Couloumbis | Published: 12/21/2014
Pennsylvania Attorney General Kathleen Kane has said an undercover sting investigation that implicated five Philadelphia officials was marred by possible racial targeting, among many other flaws. At a news conference where Philadelphia District Attorney Seth Williams announced the arrests of two state representatives who he said took cash from a lobbyist who was working with law enforcement officials in the sting, Williams used the subpoena power of an investigative grand jury to dig into Kane’s statements on why she shuttered the sting and test them for accuracy. He ended up launching a broadside against Kane, saying she had made repeated false statements to justify her decision to end the probe, cited documents that did not exist, and irresponsibly jettisoned a strong criminal case.
Pennsylvania – Pennsylvania Lawmakers Will Be Challenged to Ban Themselves from Taking Lobbyists’ Gifts
Columbus Republic – Marc Levy (Associated Press) | Published: 12/18/2014
Sen. Lloyd Smucker said he will introduce a sweeping bill to ban nearly all gifts to public officials and employees in Pennsylvania, including state and local government employees. Such bills have been introduced before, and seen no action, and Smucker said he has no commitment to pass it by House or Senate leadership. But this measure has the added weight of testimony collected by Smucker’s State Government Committee, a pledge by Gov.-elect Tom Wolf to ban gifts to executive branch employees and officials, and a fresh corruption scandal that produced bribery charges against two lawmakers.
Pennsylvania – Who’s Minding the Store for Legislative Ethics?
Pittsburgh Post-Gazette – Joe Smydo | Published: 12/22/2014
In the past 15 years, more than a dozen legislators in Pennsylvania have been convicted of, or pleaded guilty to, crimes ranging from misusing taxpayer resources to hiding income from a second job to leaving the scene of a fatal accident. Philadelphia District Attorney Seth Williams recently announced bribery and other charges against Reps. Ronald Waters and Vanessa Lowery Brown. Policing lawmakers is a task the state Ethics Commission shares with committees in the House and Senate. Commission Executive Director Robert Caruso said his agency’s work has been challenged in recent years by staffing shortages, budget cuts, and weaknesses in the state ethics law.
Rhode Island – Mollis Concludes Former R.I. Attorney General Lynch Did Not Violate Lobbying Rules
Providence Journal – Katie Mulvaney | Published: 12/18/2014
Secretary of State A. Ralph Mollis concluded former Attorney General Patrick Lynch did not violate Rhode Island’s lobbying law in his interactions with his successor’s office about federal regulation of Internet gambling and other topics. Lynch has claimed his interactions with Attorney General Peter Kilmartin’s office were as a lawyer representing clients and, thus, he was exempt from registering as a lobbyist.
Utah – Tea Partier Braces for Primary Challenge from the Establishment
Politico – Manu Raju | Published: 12/22/2014
What is happening in Utah marks a new chapter in the tea-party-vs.-establishment wars that have defined Republican politics since 2010. At that time, U.S. Sen. Mike Lee seized on conservatives’ frustration with a veteran GOP senator, Bob Bennett, to win the party’s nomination and emerge as one of the country’s most prominent tea party senators. But after four years in Washington, where he has aligned himself with the most conservative wing of the party, some Republicans are weighing whether there is an opening to challenge Lee.
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.
December 19, 2014 •
News You Can Use Digest – December 19, 2014
National: A State Guide to Political Corruption, According to the Reporters Who Cover It Washington Post – Niraj Chokshi | Published: 12/8/2014 With Congress stuck in the least productive rut in American history, the bulk of important legislative action is taking […]
National:
A State Guide to Political Corruption, According to the Reporters Who Cover It
Washington Post – Niraj Chokshi | Published: 12/8/2014
With Congress stuck in the least productive rut in American history, the bulk of important legislative action is taking place in the states. But according to one study, all that power might not be in the best hands. Harvard University’s Edmond J. Safra Center for Ethics published a study looking at state-level corruption throughout the U.S. But instead of relying on conviction data, researchers surveyed some 280 regional reporters and asked them to grade each of the three branches of government in their state on legal and illegal corruption.
Energy Firms in Secretive Alliance with Attorneys General
New York Times – Eric Lipton | Published: 12/6/2104
An investigation by The New York Times found attorneys general in at least a dozen states are working with energy companies and other corporate interests to push back against the Obama administration’s regulatory agenda. The companies in turn are providing them with record amounts of money for their political campaigns, including at least $16 million this year. They share a common philosophy about the reach of the federal government, but the companies also have billions of dollars at stake. And the collaboration is likely to grow: for the first time in modern American history, Republicans in January will control a majority of attorneys general’s offices.
Payouts to McCrory, Sanford from Mortgage Broker Raise Ethical Questions
Charlotte Observer – Michael Biesecker and Mitch Weiss (Associated Press) | Published: 12/16/2014
Soon after taking office, North Carolina Gov. Pat McCrory and U.S. Rep. Mark Sanford accepted six-figure stock payouts from an online mortgage broker, a move that experts say raises ethical if not legal concerns. They were directors at Tree.com, the corporate parent of the website LendingTree. As board members, they were entitled to restricted company stock if they held their positions long enough. Both resigned after their election victories, which would have rendered their unvested stock worthless had the board not taken special action to provide them early payouts. McCrory and Sanford deny they did anything improper by accepting the payments from Tree.com, which were not fully described in their ethics statements.
Federal:
Every Election Is the Most Expensive Election. Or Not.
New York Times – Derek Willis | Published: 12/16/2014
Despite the efforts of the FEC, which has been faithfully disseminating campaign finance data since 1975, there are limitations in the ways that data is collected and summarized that make generating totals and comparisons very difficult. In a paper presented at the American Political Science Association conference this year, Temple University professor Robin Kolodny challenged the idea that we know each election is more expensive than previous ones, or that we even know how much campaigns really cost. Kolodny concludes this lack of knowledge fuels our perceptions of money in politics as an issue.
G.O.P. Angst Over 2016 Led to Provision on Funding
New York Times – Nicholas Confessore | Published: 12/13/2014
A campaign finance provision in the federal omnibus spending bill that will significantly raise certain contribution limits began with what Republican leaders regarded as an urgent problem: how would they pay for their presidential nominating convention in Cleveland in 2016? The talks ended with a bipartisan agreement that would allow wealthy donors to begin giving more than $1 million every election cycle to each party’s national committees.
Jeb Bush’s Decision to Explore Presidential Bid Scrambles the 2016 GOP Field
Washington Post – Matea Gold and Philip Rucker | Published: 12/16/2014
Former Florida Gov. Jeb Bush said he would “actively explore” a presidential run, immediately sending reverberations through the potential GOP field, tying up donors whom other candidates are courting, and forcing contenders to accelerate their own considerations for 2016. Bush became the first Republican to take an overt step toward a White House bid. He announced he would create a PAC, allowing him to raise money and travel the country ahead of an eventual decision.
From the States and Municipalities:
Arizona – Registration Rule for Political Groups Ruled Too Vague
Arizona Daily Sun – Howard Fischer (Capitol Media Services) | Published: 12/6/2014
A federal judge ruled an Arizona law defining a political committee is unconstitutionally vague. Deputy Secretary of State Jim Drake said at the very least, the judge’s order eliminates the requirements for disclosure of funding by groups pushing or opposing ballot measures. It is not unusual for these campaigns to cost millions of dollars. But attorney Paul Avelar of the Institute for Justice said he reads the ruling to apply to all the independent groups pushing to elect or defeat candidates. The order does not bar the state from requiring political committees to register. But legislators will have to redo the law in a fashion that courts find to be constitutional.
Arkansas – Questions Surround Constitutional Amendment on Ethics, Term Limits
Arkansas News – John Lyon (Arkansas News Bureau) | Published: 12/8/2014
Rep. Warwick Sabin and Sen. Jon Woods are aiming to end the confusion surrounding their co-authored and recently passed constitutional amendment, Issue No. 3. But the head of the Arkansas Chamber of Commerce said he expects the amendment to face multiple court challenges. The measure enacts significant ethics reforms for state legislators, such as restricting gifts, eliminating corporate campaign contributions, and extending the lobbying period for former legislators once their service is complete. The amendment also extends term limits to 16 years in either chamber of the state Legislature or a combination of both.
Georgia – State Ethics Agency Faces More Changes
Gainesville Sun – Christina Cassidy (Associated Press) | Published: 12/7/2014
It has been a tumultuous year at Georgia’s ethics commission, which has been hamstrung by a number of lawsuits filed by former employees, personnel issues, and allegations of outside influence with questions raised about its ability to ensure candidates, campaign committees, lobbyists, and others are disclosing their financial activities. Meanwhile, the agency has had 216 open complaints that have been pending an average of three years. A recent audit issued 42 recommendations that state lawmakers might consider to improve the effectiveness and independence of the commission.
Missouri – Ethics Bills Filed to Open Debate on Lobbying and Campaign Finance Rules
Columbia Daily Tribune – Rudi Keller | Published: 12/15/2014
Missouri Rep. Caleb Rowden filed a bill that would ban lobbyists’ gifts to individual lawmakers, their staff members, and families. It also would require subcontracting lobbyists hired by principal lobbyists to disclose the actual client being served. Rowden addresses campaign finance issues by requiring that legislators and statewide elected officials disclose donations greater than $500 within 48 hours during legislative sessions.
New York – After Ethics Panel’s Shutdown, Loopholes Live On in Albany
New York Times – Thomas Kaplan, William Rashbaum, and Susanne Craig | Published: 12/8/2014
Investigators for the Moreland Commission, an anti-corruption panel that New York Gov. Andrew Cuomo created last year, found a slew of questionable activity. But Cuomo abruptly shut down the commission as part of a deal with the Legislature. In Albany, some of the most questionable conduct by elected officials has long been perfectly legal, safeguarded by the only people who can outlaw it: the lawmakers themselves. Before it was disbanded, the commission urged elected officials to close loopholes, toughen criminal statutes, increase disclosure requirements, and restrict how campaign funds could be spent. Now, eight months after its work was cut short, little in Albany has changed.
Ohio – Work of FBI Squad Evident in Columbus Payday Probe
Marietta Times; Associated Press – | Published: 12/11/2014
Columbus, Ohio’s growing population and increasing sophistication as a metropolis helped drive the FBI’s decision to dedicate a public corruption unit to the city. State Rep. Dale Mallory was fined for accepting Cincinnati Bengals tickets from lobbyists, Sen.-elect Sandra Williams was fined and sentenced to a suspended six-month jail term for selling Ohio State tickets her campaign purchased to a lobbyist and pocketing the proceeds. Two more state lawmakers, then- Reps. W. Carlton Weddington and Clayton Luckie, received prison time in the long-running investigation of payday-lending lobbyists. Two lobbyists also were convicted.
Pennsylvania – Two Philadelphia Lawmakers Charged in Sting Probe
Philadelphia Inquirer – Craig McCoy and Angela Couloumbis | Published: 12/16/2014
In a case that Pennsylvania Attorney General Kathleen Kane said was “not prosecutable,” the Philadelphia district attorney’s office announced felony corruption charges against two state legislators accused of accepting cash from an undercover lobbyist who videotaped the exchanges. Reps. Ronald Waters and Vanessa Brown are charged with criminal conspiracy, bribery, conflict-of-interest, and failure to report on their financial interest disclosure forms – all stemming from allegedly accepting money in exchange for promised political actions. Kane dismissed the case in 2013, citing legal flaws, poor supervision, and a taint of racism to the investigation. District Attorney Seth Williams then took up the inquiry.
Rhode Island – Mollis Adopts Hearing Officer’s Decision that Corso Engaged in Unregistered Lobbying Related to 38 Studios
Providence Journal – Jennifer Bogdon | Published: 12/5/2014
Rhode island Secretary of State A. Ralph Mollis has adopted the decision by a hearing officer that attorney Michael Corso engaged in unregistered lobbying relating to 38 Studios. Corso, whose friendship with former House Speaker Gordon Fox helped bring the now bankrupt video-game company to the state, will face a $2,000 fine if he does not file the required reports. Mollis convened the administrative hearing process after media stories shed light on Corso’s role in advocating for $75 million in state-backed loan guarantees in a jobs-creation bill. The funding eventually went to 38 Studios.
Wisconsin – Republicans Seize on Audit Critical of State Elections Board
Milwaukee Journal Sentinel – Patrick Marley | Published: 12/12/2014
An audit critical of the nonpartisan board that oversees ethics and elections in Wisconsin fueled calls for change from Republicans who control the Legislature. The long-awaited report detailed a number of problems with the Government Accountability Board, which began in 2008. The audit said board staff did not consistently follow a penalty schedule for enforcing campaign finance, lobbying, and code of ethics laws; did not conduct 16 required reviews over a four-year period to identify felons who may have voted illegally; and did not put in place written procedures for considering complaints.
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.
December 5, 2014 •
News You Can Use Digest – December 5, 2014
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 – […]
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.
November 26, 2014 •
News You Can Use Digest – November 26, 2014
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 […]
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.
November 21, 2014 •
News You Can Use Digest – November 21, 2014
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 […]
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.
November 14, 2014 •
News You Can Use Digest – November 14, 2014
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. […]
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.
November 7, 2014 •
News You Can Use Digest – November 7, 2014
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 […]
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.
October 31, 2014 •
News You Can Use Digest – October 31, 2014
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 […]
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.
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.
October 24, 2014 •
News You Can Use Digest – October 24, 2014
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 […]
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.
October 17, 2014 •
News You Can Use Digest – October 17, 2014
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 […]
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.
October 10, 2014 •
News You Can Use Digest – October 10, 2014
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 […]
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.
October 3, 2014 •
News You Can Use Digest – October 3, 2014
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 […]
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.”
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