The Virginia Conflict of Interest and Ethics Advisory Council has opened up its proposed forms for public comment. The proposed forms include the lobbyist disclosure statement and instructions for fulfilling disclosure requirements.

The council was required, pursuant to the passage of Senate Bill 692, to create new forms for use by lobbyists and public officials who are required to make public disclosures. Creating the new forms must be completed by January 1, 2017.

Those wishing to comment may do so through September 18 by emailing the council at ethics@dls.virginia.gov and writing “Public Comment” in the subject line.

The Virginia Conflict of Interest and Ethics Advisory Council has a new executive director.

The General Assembly has appointed Stewart Petoe, an attorney from the state’s crime commission, to fill the position left vacant since May. Chris Piper, Petoe’s successor, left after Republican leadership stated they would not confirm Piper because he is not an attorney.

The Council issues advisory opinions and informal guidance on ethics issues and is in charge of collecting financial disclosures from public officials and lobbyists.

This week the U.S. Supreme Court vacated the conviction of former Virginia Gov. Robert McDonnell, who was convicted on ethics charges in 2014.

The Court unanimously ruled the interpretation of bribery law was overly broad and making phone calls and setting up meetings did not constitute official action. McDonnell was accused of accepting more than $175,000 in gifts from a Virginia businessman wanting to do business with the commonwealth.

Some legal experts think this ruling will make it more difficult to prosecute corruption cases in the future, while others believe it fits with past rulings where courts required more than just the appearance of impropriety.

Photo of former Virginia Gov. Robert McDonnell by Gage Skidmore on Wikimedia Commons.

A special election will be held on November 8 to fill a vacancy in the state Senate.

Sen. Kenny Alexander left the seat after being elected mayor of Norfolk on May 3. Alexander’s election, however, occurred too late to hold a primary for his replacement on the regular June 14 date. The governor, therefore, has given parties until July 15 to name their candidates.

Democrats will hold an unassembled caucus in Chesapeake and Norfolk on July 9, while it is unclear if Republicans will nominate a candidate. Del. Joe Lindsey and Del. Lionell Spruill Sr. are running to replace Alexander.

Gov. Terry is the subject of a federal investigation surrounding contributions to his gubernatorial campaign. The Department of Justice is looking into donations received while McAuliffe was a board member of the Clinton Global Initiative, a charitable foundation set up by former President Bill Clinton.

Among many contributions of interest, the FBI is focusing on $120,000 from a Chinese businessman, Wang Wenliang. Contributions from foreign nationals are illegal, though Wang holds permanent U.S. resident status. Wang has been known for his contributions in the U.S., giving to Clinton’s foundation as well as to universities and political causes in other states.

Last week, Gov. Terry McAuliffe signed Senate Bill 692, approving changes to the state’s ethics laws yet again.

Among the changes, lobbyists will only have to file one disclosure report each year, down from two, on July 1 for the preceding 12-month period. The bill also creates an exception in the definition of gifts for any item with a value of less than $20 and limits the definition of a procurement transaction, in terms of lobbying executive action, to contracts costing $5 million or more.

While most of the bill is effective January 1, 2017, an emergency clause applies to the definition change of procurement transaction, rendering it effective upon passage, and lobbyists will not be required to report until July 1, 2017.

The executive director of the newly formed ethics council in Virginia has been removed from this position. Chris Piper was fired from his post at the Virginia Conflict of Interest and Ethics Advisory Council after some legislators claimed they thought he was an attorney when he, in fact, is not. Piper was hired by the Division of Legislative Services and confirmed by the Rules Committee.

This change adds a new twist as Gov. Terry McAuliffe considers further changes to the state’s ethics laws. McAuliffe has not yet announced his intentions.

Meeting today for its annual veto-session, the Virginia General Assembly turned its attention to ethics legislation amendments recommended by Gov. Terry McAuliffe. Lawmakers recently passed identical bills, Senate Bill 692 and House Bill 1362, to roll back some of the changes made last year to restrictions on gifts from lobbyists.

McAuliffe proposed tightening the limits further and prohibiting bundling of gifts from multiple sources to avoid the threshold. The Senate, today, voted against adopting those proposals. The governor must now choose between signing or vetoing the bills as passed by both houses.

Photo of the Virginia State Capitol by Anderskev in Wikimedia Commons.

Gov. Terry McAuliffe has set the date for a special election to replace state Sen. John Miller. The election will be held on November 8, 2016.

Miller, representing Senate District 1, died earlier this month, less than a year into his four-year term. Miller was first elected to the seat in 2007.

Photo of Gov. Terry McAuliffe courtesy of Kate Wellington in Wikimedia Commons.

Gov. Terry McAuliffe will soon set a special election to fill the District 1 seat of the state senate. Sen. John Miller, who passed away Monday, leaves the seat open less than a year into a four-year term.

Given the state’s rules on when special elections can be held, the November 8 general election is the date the governor will most likely choose. District 1, a historically Democratic-leaning district, encompasses several areas including Newport News, Hampton, and Suffolk.

Sen. Miller won the seat last year by more than 5,700 votes.

The Virginia General Assembly adjourned sine die on March 11, 2016, a day earlier than scheduled. Among its accomplishments is a new, two-year $105 billion budget and some adjustments to the new ethics rules passed last year.

If approved by the governor, lobbyists will file reports annually on July 1 for the preceding 12-month period, rather than the current semi-annual reporting, and items under $20 would be excluded from the definition of a gift.

Other, more extensive changes were proposed but were defeated in the House.

Photo of the Virginia State Capitol by Varmin on Wikimedia Commons.

Lobbying

New Mexico: “Senators Credit KOB As They Pass Campaign Finance System Reform” by Ryan Luby for KOB

Campaign Finance

New Mexico: “‘Dark Money’ Disclosure Bill Dies in Final Days of Session” by Trip Jennings for New Mexico In Depth

Washington: “State: Food industry lobby engaged in ‘egregious’ money laundering in 2013 vote” by Joel Connelly for Seattle Post-Intelligencer

Ethics

Alaska: “Former Juneau Lawmaker Fined $18K for Allegedly Helping Oil Companies While Seeking Oil Jobs” by Matt Miller for KTOO

Missouri: “Gutting of Lobbying Bill Clouds Ethics Agenda’s Future” by Kurt Erickson for St. Louis Post-Dispatch

Missouri: “Missouri Rep. Don Gosen Abruptly Resigns under Cloud of Suspicion” by Jason Hancock for Kansas City Star

New York: “Former Assemblyman Dennis Gabryszak Accused of Sexually Harassing Staffers Is Fined $100G by Legislative Ethics Commission” by Kenneth Lovett for New York Daily News

Ohio: “Ginther’s Ethics Proposals Get Public Hearing” by Mike Foley for WCBE

Texas: “Reports: Indicted Crystal City mayor jailed after disrupted council meeting” by Claire Cardona for Dallas Morning News

Virginia: “Virginia Taxpayers Pick Up $2,435 Food and Beer Bill for Mystery Guests in Redskins Suite” by Graham Moomaw for Richmond Times-Dispatch

Elections

“Fall of the House of Bush: How last name and Donald Trump doomed Jeb” by Ed O’Keefe, Dan Balz and Matea Gold for the Washington Post

“Sanders Supporters Like Chipotle, While Trump Fans Prefer Sonic” by Tim Higgins for Bloomberg.com

“Bernie’s Army of Coders” by Darren Samuelsohn for Politico

“Pope Francis Suggests Donald Trump Is ‘Not Christian’” by Jim Yardley for The New York Times

Nevada: “Hillary Clinton Beats Bernie Sanders in Nevada Caucuses” by Amy Chozick and Patrick Healy for The New York Times

South Carolina “The More Donald Trump Defies His Party, the More His Supporters Cheer” by Trip Gabriel for The New York Times

South Carolina: “Donald Trump’s South Carolina Victory Spurs New G.O.P. Jostling” by Maggie Haberman and Alan Rappeport for The New York Times

The Alexandria City Council enacted a resolution over the weekend to promote greater transparency and ethics guidelines for city officials. The resolution, in part, creates a nine-member committee to draft a code of conduct and ethics pledge for elected and appointed city officials as well as seeks authority from the General Assembly to enact limits, or a complete ban, on gifts to elected officials. As a Dillon Rule state, it is unclear whether the legislature will grant such lawmaking power to the city.

The city attorney’s office must finalize the language of the resolution before the text will be made available to the public.

Photo of Old Town Alexandria, Virginia by ShuminWeb on Wikimedia Commons.

Beginning November 1, the Virginia Conflict of Interest and Ethics Advisory Council assumed responsibility for all lobbyist registrations and disclosures. Created in the spring by the passage of House Bill 2070, the Council is required to review all disclosure forms filed by lobbyists, as well as state officers, employees, and legislators.

Paper and electronic versions of lobbyist registration and reporting are available through the Council’s website, however, electronic reporting will become mandatory beginning with the December 15, 2016 report.

House Bill 2070 followed an unsuccessful attempt to create the Council in 2014. In the previous instance, a battle over the state budget between the General Assembly and the governor resulted in the Council not receiving funding.