A special legislative session, multiple resignations and a new educational video on lobbying and gift laws, all in less than 2 minutes in this week’s News You Can Use Video Digest.

Gov. Greg Abbott called a special election this week to fill a vacancy after the surprise resignation of state senator Carlos Uresti.

Uresti, a democrat representing Texas Senate District 19, was convicted on 11 felony counts of fraud and money laundering earlier this year but refused to resign until the appeals process was complete.

Uresti urged the governor to hold the election in November to coincide with the regularly scheduled election to save taxpayer money but Gov. Abbott scheduled the emergency special election for July 31, 2018, noting Uresti’s district has been “without effective representation” for over a year as a result of legal troubles.

Pictured: Former state senator Carlos Uresti

Federal:

In Trump’s America, the Conversation Turns Ugly and Angry, Starting at the Top
WRAL – Peter Baker and Katie Rogers | Published: 6/20/2018

The politics of rage that animated President Trump’s rise now dominate the national conversation, as demonstrated during the debate over his immigration policy that separated children from parents apprehended at the border. Harsh discourse in American politics is not new, but rarely has the president himself set the tone from the top in the way Trump does. Christine Porath, a Georgetown University professor and author of “Mastering Civility,” said the current harsh climate was affecting people beyond politics, injecting itself into everyday life at home and work. “It seems like people are not only reciprocating, but we tend to stoop lower rather than higher – it’s really putting us in an unfortunate place,” said Porath.

Pence Turns VP’s Office into Gateway for Lobbyists to Influence the Trump Administration
Seattle Times – Michael Scherer, Josh Dawsey, and Anu Narayanswami (Washington Post) | Published: 6/15/2018

About twice as many companies and other interests hired lobbyists to contact the vice president’s office in Mike Pence’s first year than in any single year during the tenures of Vice Presidents Joe Biden and Richard Cheney. The approach has allowed Pence to emerge as a key ally for corporations inside the Trump White House even as the president vows to “drain the swamp.” Pence’s inner circle includes friends, donors, and former staffers who are among the lobbyists in regular contact with the vice president’s office. In several cases, the relationships are mutually beneficial, with lobbyists who have charged clients millions of dollars to access his office donating money to Pence-backed political causes.

Women Speak of Pervasive Harassment in DC Lobbying Culture
The Hill – Megan Wilson | Published: 6/19/2018

For K Street denizens, deals are often done over dinner or drinks, on business travel, or retreats. Much like Capitol Hill, the lobbying industry remains dominated by men, creating an environment where women say they are often subject to harassment and worse. Unlike in other industries, few women have been willing to come forward to talk about it. The Hill reached out to women on K Street, asking whether they had similar stories to those surfacing as part of the “Me Too” movement. More than a dozen women spoke about instances of sexual harassment or assault they say they have faced while working as lobbyists and political operatives, and in public relations.

Zinke Linked to Real Estate Deal with Halliburton Chairman
Politico – Ben Lefebvre and Nick Juliano | Published: 6/18/2018

U.S. Interior Secretary Ryan Zinke’s family is involved in a land deal with Halliburton Chairperson David Lesar, whose company does business with the Interior Department. A charitable foundation created by Zinke and run by his wife, Lola, is allowing a company co-owned by Lesar and his family to use a portion of its land in Whitefish, Montana, as a parking lot for the development. The Zinkes also own land on the other side of the development, and have long sparred with neighbors about their various plans for it. If the new hotel, retail stores, and microbrewery go through, real estate agents say, the Zinke-owned land next door would stand to increase substantially in value.

From the States and Municipalities:

Arkansas: Legislator-Graft Case Spotlights Arkansas Ethics-Law Flaws
Arkansas Online – Doug Thompson | Published: 6/18/2018

A lobbyist whose firm spent $3.5 million in Arkansas reported total legislator-related expenses of only $12,170 from 2010 to 2017, a comparison of his federal guilty plea and state ethics records show. Milton “Rusty” Cranford could spend up to 10 years in federal prison after pleading guilty to one count of federal program bribery. What changes the state Ethics Commission will recommend in light of events uncovered by federal investigators have not been determined, Executive Director Graham Sloan said. He said ethics laws leave reporting of lobbying and campaign expenses up to the entities involved, and the system relies on voluntary compliance, and people reporting noncompliance to the commission. Any change in that system would require new law, Sloan said.

California: ACLU Suit Targets Law That Bars Horn Honking at Protests
San Diego Union Tribune – Teri Figueroa | Published: 6/14/2018

When Susan Porter beeped her car horn in support of a political protest in San Diego last year, she quickly found herself pulled over and ticketed. According to the state vehicle code, horns are to be honked only for safety reasons or as part of a car alarm. Now, the American Civil Liberties Union of San Diego and Imperial Counties is asking a federal judge to find that state law unconstitutional, arguing in a newly filed lawsuit that preventing such honking chills free speech. The suit argues Porter is “censoring herself by refraining from using her vehicle horn for expressive purposes,” including supporting political rallies.

Colorado: Colorado Enacts Replacement Campaign Finance Enforcement System
National Law Review – Andrew Garrahan | Published: 6/19/2018

A federal court recently held that Colorado’s system for enforcing its campaign finance laws was unconstitutional. The secretary of state’s office has now enacted temporary enforcement rules, effective immediately. Under the new rules, any person may file a complaint, just like under the old system. But the rules now include three protections that attempt to prevent abuse of the system for political purposes. In addition to the enforcement changes, the new rules also establish a formal system for seeking advisory opinions on campaign finance issues.

Florida: A Persistent Gadfly Wins Again in the Supreme Court
WRAL – Adam Liptak (New York Times) | Published: 6/18/2018

The U.S. Supreme Court gave a civic activist in Florda another shot at proving his arrest at a city council meeting was in retaliation for his criticism of public officials. The court said it was ruling narrowly for Fane Lozman, whose battles with the Riviera Beach City Council had become legendary. It said a lower court had been wrong to stop his retaliation lawsuit. The case grew from an attempt to cut Logan off at a council meeting into a major free-speech showdown that carried nationwide implications for citizens arrested, as Lozman was, by government officials whom they criticize.

Georgia: Candidate for Georgia Governor Bought Condo from Lobbyist
New York Times – Kevin Sack | Published: 6/14/2018

A Republican candidate for Georgia governor reportedly bought an Atlanta condominium from a lobbyist at what appeared to be a discount. The New York Times, citing real estate records, says Lt. Gov. Casey Cagle purchased the condo 10 years ago at 24 percent less than its appraised value. It was bought from Terry Hobbs, a lobbyist who represents natural gas marketer SCANA. Cagle sold the condo last year at a 29 percent profit. As lieutenant governor, Cagle presides over the Senate and controls the flow of legislation there. Cagle said the sale was “a legitimate transaction” and Hobbs had not lobbied him on any issue around the time of the sale.

Kansas: Judge Slams Kobach for Flouting Court Rules
Politico – Josh Gerstein | Published: 6/18/2018

A federal judge permanently struck down Kansas’s proof-of-citizenship voter registration law, rebuking Kansas Secretary of State Kris Kobach, one of the country’s most vocal advocates of voter-ID laws. U.S. District Court Judge Julie Robinson said the state’s requirement that voters show proof of citizenship during registration violated both the Constitution and the National Voter Registration Act. Robinson struck down the law and ordered Kobach to take six additional hours of continuing legal education that “pertain to federal or Kansas civil rules of procedure or evidence.” In an earlier ruling, Robinson held Kobach in contempt for skirting court orders related to the law and failing to send postcards confirming registration for thousands of voters.

Kentucky: Kentucky Man Gets 30-Day Sentence in Attack on Senator Rand Paul
Reuters – Suzannah Gonzales | Published: 6/19/2018

U.S. Sen. Rand Paul’s neighbor was sentenced to 30 days in prison for tackling the lawmaker while he was out doing yard work at his Kentucky home. Paul, who suffered broken ribs, had hoped for a harsher penalty. He said in a statement that the 21 months in prison sought by prosecutors “would have been the appropriate punishment.” Rene Boucher pleaded guilty to assaulting a member of Congress in the attack. Boucher said he was triggered by Paul repeatedly stacking debris near their property line in Bowling Green and “lost his temper.” Boucher must serve a year of supervised release after the prison time, stay away from the Paul family, and pay a $10,000 fine.

Maryland: Candidate’s Relationship with Talk Radio Station Raises Questions About Campaign Finance
Baltimore Sun – Libby Solomon | Published: 6/18/2018

Nino Mangione’s family owns talk radio station WCBM 680. He is the station’s web manager. Until April, he even hosted a weekly, hourlong talk show. But Mangione is also running to be a state delegate, a situation one of his opponents said is problematic. “… He’s using his family-owned media platform to promote his own candidacy, and doesn’t seem to understand the conflict of interest involved,” said Justin Kinsey. Mangione said when the WCBM website posts stories about his campaign, it is just reporting the news, not advertising his campaign. Attorney Andy Levy said the relationship could potentially be considered an in-kind campaign contribution, subject to reporting requirements and limits.

Massachusetts: City Council Offers Own Lobbying Bill, Straying from Marty Walsh’s Proposal
Boston Globe – Milton Valencia | Published: 6/19/2018

Boston City Council members Michelle Wu and Michael Flaherty introduced a new lobbying ordinance. The proposal would require lobbyists and their clients to file notices with the city and pay an annual fee: $1,000 for a lobbyist and $500 for a client. They would have to file quarterly reports. A plan to reform the city’s lobbying law was proposed by Mayor Martin Walsh two years ago with a home rule petition that needed the state Legislature’s approval. Wu and Flaherty are proposing a local ordinance, which needs approval from only the council and mayor. But the versions are different enough to raise questions whether a deal can be reached on any changes to the city’s minimal lobbyist registration and disclosure requirements.

Ohio: Convicted Ohio Republican Businessman’s Company Targets Democrats
Philadelphia Inquirer – Julie Carr Smyth (Associated Press) | Published: 6/20/2018

Ben Suarez, an Ohio direct-marketer who was convicted of witness tampering in a campaign finance investigation, is organizing an operation to retaliate against the prominent Democrats he blames for putting him in prison. A memorandum lays out The Justice Association’s strategy for a lawsuit and ad campaign targeting U.S. Sen. Sherrod Brown, who is running for re-election this year, and former U.S. Attorney Steven Dettelbach, the Democratic nominee for state attorney general. It calls them “chief culprits” in a vast effort by Democrats to unjustly prosecute Republican-owned companies under former President Obama.

West Virginia: West Virginia Supreme Court Justice Indicted in Investigation He Initiated
Governing – Lacie Pierson (Tribune News Service) | Published: 6/21/2018

West Virginia Supreme Court Justice Allen Loughry, who wrote a book on political corruption in the state, was arrested by FBI agents and faces 22 charges alleging fraud, witness tampering, and lying to investigators. The indictment says Loughry used a state vehicle and credit card for personal use, including trips to visit family. It says Loughry also sought mileage reimbursements for trips even though he drove a state vehicle and used a government credit card for gas. He was accused of moving a leather couch and a valuable desk from the Supreme Court office to his home, and of lying to federal agents about his actions and trying to influence an employee’s testimony. Loughry has been suspended without pay.

Federal:

Meet the Guys Who Tape Trump’s Papers Back Together
Politico – Annie Karni | Published: 6/10/2018

Under the Presidential Records Act, the White House must preserve all memos, letters, emails, and papers the president touches, sending them to the National Archives for safekeeping as historical records. But President Trump has an odd and enduring habit of ripping up papers when he is done with them – what some people described as his unofficial “filing system.” White House aides realized early on they were unable to stop Trump. Instead, staffers have the fragments of paper collected from the Oval Office, as well as the private residence, and send it to the records management office to reassemble. “We got Scotch tape, the clear kind,” said Solomon Lartey, a records management analyst. “You found pieces and taped them back together and then you gave it back to the supervisor.”

US Lifts Secrecy on Foreign Lobbying Opinions
Talking Points Memo – Chad Day and Eric Tucker (Associated Press) | Published: 6/8/2018

For the first time, the U.S. Justice Department began releasing advisory opinions about the Foreign Agents Registration Act. The law requires lobbyists to detail their involvement in advocating for foreign governments. The release included memos issued since 2010. The department had kept the opinions secret for decades, a point of contention for transparency advocates and lawyers who specialize in advising clients on complying with the law. The opinions provide an unprecedented view into the thinking of a specialized Justice Department unit whose influence has grown in recent years, propelled by more aggressive enforcement and a special counsel investigation focused on foreign influence operations inside the U.S.

From the States and Municipalities:

Alabama: John Merrill Questions Alabama Ethics Commission’s Waivers of Fines
AL.com – Mike Cason | Published: 6/8/2018

Alabama Secretary of State John Merrill is questioning the state Ethics Commission’s decision to waive fines for violations of campaign finance law. The penalties are in force for the first time with the 2018 elections. The commission voted to waive civil fines levied against 33 candidates and political committees by Merrill’s office. The fines were for late filing of campaign finance reports, which are required by the Fair Campaign Practices Act to show who contributes to campaigns and how that money is spent. The filing requirements are not new. But a 2015 law aimed to step up enforcement, giving the secretary of state the authority to levy fines and the Ethics Commission the authority to investigate campaign finance violations.

Arkansas: Former Arkansas Lobbyist Pleads Guilty in Bribery Scheme
WRAL – Kelly Kissell (Associated Press) | Published: 6/7/2018

Former lobbyist Milton “Rusty” Cranford pleaded guilty to bribing elected officials in Arkansas. Cranford admitted paying bribes to former state Sen. Jon Woods, former state Rep. Henry Wilkins IV, and a legislator identified only as “Arkansas Senator A.” According to federal prosecutors, the lawmakers diverted state funds and performed legislative favors for Cranford and companies he represented, at times holding up state agency budgets. Sen. Jeremy Hutchinson, a nephew of Gov. Asa Hutchinson, matches the description of “Senator A.”

California: Radical Plan to Split California Into Three States Earns Spot on November Ballot
Los Angeles Times – John Myers | Published: 6/12/2018

A proposal to partition California into three separate states earned enough signatures to qualify for the November ballot. The initiative calls for splitting the Golden State into northern and southern regions, as well as the central coast and Los Angeles Basin. “Three states will get us better infrastructure, better education, and lower taxes,” said Tim Draper, the Silicon Valley venture capitalist who sponsored the ballot measure. The proposal faces an uphill battle. If Californians vote for the separation, the state Legislature would have to approve it, and then Congress would still have to ratify the measure. If approved, it would be the first division of an existing U.S. state since West Virginia was formed out of a part of Virginia in 1863.

Colorado: Federal Judge Finds Portions of Colorado’s Campaign Finance Complaint Process Are Unconstitutional in Ruling Likely to Prompt Big Change
Denver Post – Jesse Paul | Published: 6/13/2018

U.S. District Court Judge Raymond Moore ruled that Colorado’s procedure for bringing campaign finance complaints is unconstitutional. The law allows anyone in the public to file a complaint that is automatically forwarded, without review for merit by the secretary of state’s office, to an administrative law judge. Moore’s ruling essentially means there now has to be some kind of screening mechanism put in place to prevent frivolous cases that can leave defendants facing high attorney fees. Colorado’s deputy secretary of state, Suzanne Staiert, said the decision now means her office has to find a way to satisfy the vetting requirements.

Florida: Ethics Commission: Fernandez misused position to get FSU tickets, catering discount
Tallahassee Democrat – Jeff Burlew | Published: 6/13/2018

The Florida Commission on Ethics said former Tallahassee City Manager Rick Fernandez violated the state’s ethics laws when he accepted Florida State University football tickets from a local lobbyist and a four-figure catering discount from the city-backed Edison restaurant. The panel said Fernandez solicited the football tickets and catering discount in violation of Florida’s gift law, and he either knew or should have known the gifts were given to influence his official action as city manager. The commission did not find probable cause on several other allegations involving a former Edison employee who was given a job at City Hall after Fernandez got the catering discount.

Florida: Lobbyists Face New Requirements at Citizens
WPEC – Jim Turner (News Service of Florida) | Published: 6/13/2018

Lobbyists who represent clients at the state-backed Citizens Property Insurance Corp. will have to comply with a new registration process. A registration website will be available August 1, with lobbyists expected to comply with the policy starting September 1, said Citizens President Barry Gilway. All lobbyists currently registered with the executive branch will receive a letter advising them of the changes, Gilway said. The rules would apply to anyone that wants to sway Citizens policy or contracting and who contacts Citizens staff or board members. The rules will not apply to attorneys, agents, adjusters, or other people representing clients in insurance claims or judicial proceedings.

Montana: Governor Signs Executive Order Targeting Dark Money
Montana Public Radio – Corine Cates-Carney | Published: 6/8/2018

Montana Gov. Steve Bullock signed an executive order that aims to shine more light on political donations. Contractors will have to disclose if they have made campaign contributions in excess of $2,500 in the last two years to so-called dark money organizations. Those are groups that are not legally required to make their donor lists public. Any state contractor selling more than $25,000 in services, or $50,000 worth of goods to the state will have to report dark money contributions. According to the governor’s office, there are roughly 500 to 600 state contractors who would fall under the new disclosure requirements.

New York
IDC-Independence Party Campaign Finance Deal Declared Illegal
Albany Times Union – David Lombardo | Published: 6/7/2018

A fundraising agreement between a statewide third party and the New York Senate’s now-defunct Independent Democratic Conference has been deemed invalid by a state Supreme Court justice. The arrangement with the Independence Party boosted then-party leader Jeff Klein’s ability to raise and spend campaign money, as the new account was able to accept six-figure donations and transfer unlimited amounts to candidates. The increased fundraising muscle was flexed in 2016 and had been expected to play a pivotal role in September, when the eight former members of the conference may face Democratic primaries.

New York: New York Files Suit Against President Trump, Alleging His Charity Engaged in ‘Illegal Conduct’
Chicago Tribune – David Fahrenthold (Washington Post) | Published: 6/14/2018

New York Attorney General Barbara Underwood filed a lawsuit against President Trump, the Donald J. Trump Foundation, and members of the Trump family, alleging the charity violated federal and state law. The complaint alleges the foundation provided illegal support to Trump’s 2016 presidential bid by using public funding to promote his candidacy, and raised more than $2.8 million to support the campaign. The lawsuit also says Trump used the foundation to cover legal fees and to promote his properties and businesses. Underwood asked a state judge to dissolve the foundation and sent referral letters to the IRS and FEC for possible further action.

Ohio: Court: States can purge voters who don’t vote or respond to warnings
USA Today – Richard Wolf | Published: 6/11/2018

The U.S. Supreme Court ruled states can clean up their voting rolls by targeting people who have not cast ballots in a while. The justices rejected arguments in a case from Ohio that the practice violates a federal law intended to increase the ranks of registered voters. A handful of other states also use voters’ inactivity to trigger a process that could lead to their removal from the voting rolls. Ohio asks people who have not voted in two years to confirm their eligibility. If they do, or if they show up to vote over the next four years, voters remain registered. If they do nothing, their names eventually fall off the list of registered voters. Justice Stephen Breyer, writing in dissent, said the 1993 law prohibits removing someone from the voting rolls “by reason of the person’s failure to vote. In my view, Ohio’s program does just that.”

Oklahoma: Oklahoma Ethics Commission Raises Fees to Stay in Operation
The Oklahoman – Nolan Clay | Published: 6/9/2018

The Oklahoma Ethics Commission voted to raise its registration fees from $150 to $250. The change goes into effect July 1. Commissioners acted after they learned the agency could run out of money next fiscal year. They already voted in May to sue over the lack of funding the commission got from the state Legislature. Lawmakers are making the ethics agency use its revolving fund to operate. The fund is made up of the fees collected from lobbyists, candidates, political parties, and PACs.

Washington: Why Google Won’t Run Political Ads in Washington State for Now
Seattle Times – Jim Brunner and Christine Clarridge | Published: 6/7/2018

Google stopped accepting political ads in Washington, the same day that changes to the state’s campaign finance reporting requirements and enforcement procedures took effect. Google acted days after Washington Attorney General Bob Ferguson sued the company, along with Facebook, saying the firms are not obeying state law on political ad transparency. The Public Disclosure Commission issued guidelines related to the new law and passed an emergency rule that clarified that digital ad companies like Google are subject to state law requiring them to maintain publicly available information about political ads, just like television stations and other media.

The Guam Election Commission approved a special election for August 25.

The special election will fill the seat vacated by Public Auditor Doris Brooks. Brooks resigned her position, effective June 22, to run as a candidate for congressional delegate.

The winner of the special election will complete the remaining two years of Brooks’ term.

The filing deadline to run for the Kansas Senate seat in District 13 passed setting up unopposed elections for both the Democratic and Republican primaries on August 7.

Incumbent state Sen. Richard Hilderbrand will run against the primary winners in the special election set for November 6.

Hilderbrand was appointed last year when former Sen. Jacob LaTurner accepted the position of state treasurer.

The winner of the special election will complete the remaining two years of LaTurner’s term.

On May 13, Elections Canada announced a federal by-election will be held on June 18 in the electoral district of Chicoutimi–Le Fjord (Quebec) to fill a vacancy in the House of Commons.

MP Denis Lemieux had announced his resignation in November of last year with an effective date of December 1.

Lemieux had cited family reasons for leaving office. He had been in the office since 2015.

Gov. Dannel Malloy announced a special election for June 4.

The special election will fill the Connecticut House of Representatives District 4 seat left open by the resignation of Rep. Angel Arce, with months remaining on his term.

State Rep. Arce resigned last April due to allegations of inappropriate text messages with a teenage girl.

On May 7, Elections Canada announced a by-election for the House of Commons will be held for the seat for Leeds–Grenville–Thousand Islands and Rideau Lakes (Ontario).

The seat was held by MP Gordon Brown, who died unexpectedly of a heart attack on May 2.

On May 3, Stéphane Perrault, Acting Chief Electoral Officer of Canada, received official notice from the Speaker of the House of Commons that the seat was vacant.

Canadian law requires the date of this by-election be announced between May 14, 2018, and October 30, 2018, which will signal the start of the by-election period.

Gov. Tom Wolf announced a special election on the same day as the general election, November 6. The special election will fill the seats left open with the resignations of U.S. Rep. Patrick Meehan and U.S. Rep. Charlie Dent.

The winners of the special election would complete the terms of the departing representatives for November and December of this year. The representatives elected during the general election will start their two-year term in 2019.

U.S. Rep. Charlie Dent decided to not seek re-election last year to spend more time with family and is expected to leave office this month.

U.S. Rep. Patrick Meehan retired last Friday, after the U.S. House Ethics Committee opened an investigation earlier this year regarding the use of official congressional funds to pay a former staffer’s sexual harassment settlement.

Gov. Greg Abbott called a special election this week to replace U.S. Rep. Blake Farenthold. Farenthold resigned his seat in congress this month after an ethics investigation stemming from a 2014 sexual harassment allegation.

The special election will take place on June 30, 2018, and a runoff election is anticipated to be held this fall.

Gov. Abbott sent Farenthold a letter this week requesting he pay for the cost of the special election since he has not reimbursed the $84,000 of taxpayer money he used to settle the sexual harassment claim.

The letter asked for a response to the request by May 2.

The Tennessee Supreme Court issued an order Tuesday requiring the Davidson County Election Commission to expedite a special election for Nashville mayor.

The office was left vacant following Mayor Megan Barry’s resignation on March 6. Barry pled guilty to felony theft of property exceeding $10,000 for misappropriating city funds over the course of two years; she used the money to bankroll an affair with the head of her security detail.

A special election will be held May 24 with a potential runoff election scheduled for June 28.

A special election for Metro Council District 1 will also be held May 24. The seat was left vacant after former councilman Nick Leonardo was appointed General Sessions judge in January.

U.S. Rep. Blake Farenthold resigned his seat in congress last week following a string of ethics investigations stemming from a 2014 sexual harassment allegation.

Farenthold, under fire for using $84,000 of taxpayer money to settle a sexual harassment claim, announced his retirement in December, but said he planned to serve out the remainder of his term ending in January of 2019.

Gov. Greg Abbott is tasked with calling a special election to fill the seat for the remainder of the year. Gov. Abbott can schedule the special election on the state’s next uniform election date on November 6, or can order an emergency election on any other Tuesday or Saturday.

Special primary elections were held in California on April 4 to fill the vacant seats of Assembly Districts 39, 45, and 54.

Under California law, candidates receiving more than half the vote win outright. Otherwise the top-two finishers in each race advance to a June 5 runoff.

If unofficial returns remain unchanged, there will be a June 5 runoff in the Assembly Districts 39 and 45 races.

In the Assembly District 54 race, unofficial returns have Sydney Kamlager receiving nearly 69 percent of the vote, more than enough to win outright without a runoff election.