On May 6, a by-election will be held for the electoral district of Nanaimo–Ladysmith (British Columbia) to fill a vacancy in the Canadian House of Commons.

On January 7, the Chief Electoral Officer of Canada, Stéphane Perrault, had received official notice from the Speaker of the House of Commons that the seat became vacant following the resignation of Sheila Malcolmson, who resigned on January 2 to run in a provincial byelection.

On March 24, Elections Canada declared the May election date and announced the opening of its local office in Nanaimo-Ladysmith.

Campaign Finance

Idaho: “Campaign Finance Overhaul Passes House” by Nathan Brown for Idaho Falls Post Register

Massachusetts: “House Proposal for Caucus Funding Left Out of Budget Bill – but Caucuses May Still Fundraise” by Shira Schoenberg for MassLive.com

Massachusetts: “Mayor Walsh Has an Effective Fund-Raising Firm; It Employs His Girlfriend” by Matt Stout for Boston Globe

New Jersey: “Dark Money Disclosure Bill Advanced to Gov. Phil Murphy’s Desk” by David Levinsky for Burlington County Times

Oregon: “Oregon Campaign Finance Reformers Focus On ‘Dark Money’” by Jeff Mapes for Oregon Public Broadcasting

Elections

Florida: “Florida Agreed to Let Felons Vote. Now Republicans Are Trying to Limit Who Is Eligible” by Amy Gardner for Washington Post

Ethics

National: “Barr’s Declaration on Trump Puts Justice Dept. Back in Political Crucible” by Charlie Savage, Mark Mazzetti, and Katie Benner (New York Times) for MSN

Maryland: “Ethics Committee Recommends Reprimand of Baltimore County Del. Jay Jalisi Over ‘Toxic’ Work Environment” by Pamela Wood and Luke Broadwater for Baltimore Sun

Redistricting

National: “High Court Questions Courts’ Role in Partisan Redistricting” by Mark Sherman for AP News

Kentucky Governor Matt Bevin signed Senate Bill 6 on March 25.

The bill requires executive agency lobbyists to disclose compensation and prohibits compensation contingent on awarding of a government contract or based on a percentage of a government contract awarded.

Senate Bill 6 also extends the length of time a public servant must wait to have certain government contracts from six months to one year.

The bill becomes effective 90 days after the General Assembly is scheduled to adjourn sine die on March 30.

Senate Bill 1500 has made it Gov. Phil Murphy’s desk after being introduced in early 2018.

The bill requires committees to report contributions in excess of $10,000 and expenditures in excess of $3,000 to the Election Law Enforcement Commission.

Additionally, when the contributor is an individual giving more than $10,000, the committee must disclose the occupation of the individual and the name and mailing address of the individual’s employer.

If signed by the governor, the bill will impact the January 15, 2020, independent expenditure report.

Ethics

National: “Trump’s Legal Troubles Are Far from Over Even as Mueller Probe Ends” by Rosalind Helderman and David Fahrenthold for San Jose Mercury News

National: “Prosecutors No Longer Pursuing 188 Inauguration Protest Cases” by Keith Alexander (Washington Post) for MSN

Connecticut: “State Ethics Board Drops Appeal of Edsall Nepotism Ruling” by Paul Doyle for Connecticut Post

Florida: “Ethics Board Aims to Put Teeth in Code, Seeks Greater Oversight of Tallahassee City Hall” by Jeff Burlew for Tallahassee Democrat

Washington D.C.: “As D.C. Leaders Tout Reforms, Latest Ethics Scandal Evokes City’s History of Corruption” by Paul Schwartzman for Washington Post

Lobbying

Colorado: “Lawmakers Take Aim at Disclosure Loopholes in Colorado Lobbying Laws” by Sandra Fish for Colorado Sun

Florida: “Fisher Island Residents Needed a Lobbyist. They Hired Miami’s Mayor.” by Douglas Hanks and Joey Flechas for Miami Herald

Nevada: “After Kelvin Atkinson’s Downfall, Will There Be Strong Anti-Corruption Reforms in Nevada?” by James DeHaven for Reno Gazette-Journal

We know there’s a story that’s going to be dominating the headlines for awhile, but here are a few stories on new campaign finance laws, ethics commissions and revolving door restrictions you don’t want to miss!

Gov. Ned Lamont announced a special election for May 7, to fill a state representative vacancy in House District 130.

The seat became vacant following the passing of State Rep. Ezequiel Santiago on March 15.

The winner of the special election will serve the remainder of Santiago’s term through 2020.

Campaign Finance

National: “Following Citizens United, Foreign-Owned Corporations Funnel Millions into US Elections” by Karl Evers-Hillstrom and Raymod Arke for Center for Responsive Politics

National: “‘No PAC Money’ Pledges Leave Corporations in a Partisan Bind” by Kate Ackley for Roll Call

Ethics

National: Mueller Finds No Trump-Russia Conspiracy, but Stops Short of Exonerating President on Obstruction by Mark Mazzetti and Katie Benner (New York Times) for MSN

National: “Cummings Demands Docs on Kushner’s Alleged Use of Encrypted App for Official Business” by Andrwew Desiderio and Kyle Cheney for Politico

Illinois: “Ald. Willie Cochran Pleads Guilty — Finally — to Federal Fraud Charge for Misusing Campaign Funds” by Jason Meisner for Chicago Tribune

Maryland: “University of Maryland Medical System CEO Placed on Leave Amid Review of Contracting Practices” by Luke Broadwater and Pamela Wood for Baltimore Sun

New Jersey: “‘Dark Money’ Groups Pour Tens of Millions of Dollars into N.J. elections. Lawmakers Want to Know Their Donors.” by Jonathan Lai for Philadelphia Inquirer

Legislative Issues

Wisconsin: “Judge Bocks GOP Lame-Duck Laws Limiting Tony Evers’ Powers; Evers Seeks to Remove Wisconsin from Obamacare Challenge” by Mark Sommerhauser for madison.com

Lobbying

Connecticut: “Jon Lender: Lobbyists pay $13,000 in fines connected to tech schools controversy” by Jon Lender for Hartford Courant

On March 21, a federal court ruled an unconnected committee is not restricted from using candidates’ names in the titles of their websites and social media pages.

In Pursuing America’s Greatness v. FEC, the United States District Court for the District of Columbia granted the plaintiff’s motion for summary judgment and denied the motion for summary judgment from the Federal Election Commission (FEC).

The court ruled 11 C.F.R. § 102.14(a) unconstitutional and permanently enjoined the FEC from enforcing the application of 11 C.F.R. § 102.14(a).

Federal law requires a candidate’s committee to include the name of the candidate in the committee’s title and requires an unauthorized political committee to not use a candidate’s name in its title. The purpose of the law is to avoid confusion.

Through the regulation, the FEC had extended the naming prohibition to other committee activities, solicitations, and communications, including special project names for websites or social media pages.

The court found the regulation violates the First Amendment and the FEC had not shown the regulation is the least restrictive means of achieving the government’s interest.

National:

AT&T Peels Off Layer of Political Spending Secrecy – Thanks to Pushy Investors and the Michael Cohen Fiasco
Dallas News – David Saleh Rauf | Published: 3/20/2019

AT&T is bowing to activist shareholders calling for more transparency about the company’s political spending, agreeing to disclose millions of dollars in previously untraceable contributions after last year’s embarrassment over payments to President Trump’s former lawyer, Michael Cohen. For the first time, AT&T is divulging some contributions to outside groups that keep their donors secret, providing a fuller, if still incomplete, picture of the company’s vast spending on state and federal politics. A new report released by AT&T details payments totaling about $4.2 million to industry groups and think tanks that was used for lobbying during a portion of last year.

Federal:

Analysis: Devin Nunes is suing Twitter and a satirical cow over mean tweets. Does he have a case?
MSN – Deanna Paul (Washington Post) | Published: 3/20/2019

U.S. Rep. Devin Nunes filed a lawsuit claiming Twitter, two parody Twitter accounts, and a Republican political consultant violated the First Amendment and defamed him. In addition to $250 million in damages, Nunes is demanding Twitter disclose the identities behind the anonymous accounts that have caused him suffering, according to the suit: “Devin Nunes’ Mom” and “Devin Nunes’ Cow.” The suit, filed in state court, alleged violations of Virginia’s law against insults. It also brought claims against Twitter for conspiracy and negligence. Nunes has been ridiculed for the suit, and the case has been labeled by most experts as doomed to fail. But others believe there is more to the lawsuit than any desire by Nunes to create a spectacle. According to First Amendment attorney Floyd Abrams, the speech involved is protected for several reasons.

Former Spa Owner and Frequent Mar-a-Lago Guest Sparks Concerns About ‘Porous’ Environment at President’s Club
MSN – Michelle Ye Hee Lee, Emily Rauhala, Lori Rozsa, and Josh Dawsey (Washington Post) | Published: 3/15/2019

Li “Cindy” Yang’s activities at President Trump’s Mar-a-Lago resort have attracted attention after a spa she once owned was the target of a sex-trafficking sting involving the owner of the New England Patriots. Scrutiny has also centered on a company Yang ran offering foreign visitors access to the president and other GOP officials. Experts in Chinese influence say groups to which Yang has been tied have links to Communist Party’s efforts to spread influence in the West. Yang has not been accused of any wrongdoing, but because she attended so many events at Mar-a-Lago and had such ready access to high-ranking U.S. officials, it has renewed questions about security at the resort and about who can gain the ear of the president for the price of a ticket to an event.

Lobbying Case Against Democrat with Ties to Manafort Reaches Key Stage
MSN – Kenneth Vogel and Katie Benner (New York Times) | Published: 3/18/2019

A federal investigation into a former White House counsel in the Obama administration is reaching a critical stage, presenting the Justice Department with a decision about whether to charge a prominent Democrat as part of a more aggressive crackdown on illegal foreign lobbying. The case involving Gregory Craig was transferred in January from federal prosecutors in New York to those in Washington. The move reflects an eagerness within the department to prosecute violations of lobbying laws after special counsel Robert Mueller focused on foreign influence in his investigations. The probe centers on whether Craig should have disclosed work he did in 2012 while he was a partner at Skadden, Arps, Slate, Meagher & Flom on behalf of the Russia-aligned government of Viktor Yanukovych, then the president of Ukraine.

From the States and Municipalities:

California: California Is Awash in Cannabis Cash, Which Some Use to Bribe Public Officials
MSN – Patrick McGreevy (Los Angeles Times) | Published: 3/17/2019

In the more than two years since California voters approved the licensed growing and sale of recreational marijuana, the state has seen a half-dozen government corruption cases as black-market operators try to game the system, through bribery and other means. Proposition 64, approved in 2016, allowed the state to license businesses to grow and sell pot but required the firms to also get approval from the cities and counties, most of which have outlawed marijuana operations. Experts say that local resistance explains why many of the corruption allegations center on illegal attempts to buy help from city and county officials.

California: Donors to D.A. Jackie Lacey Included a Murder Suspect’s Parents and a Convicted Felon
Los Angeles Times – Matt Hamilton and Harriet Myers | Published: 3/18/2019

Los Angeles County District Attorney Jackie Lacey collected more than $125,000 in campaign contributions last year despite not holding any public fundraising events. Many giving to Lacey are longtime donors to local politicians, but others include people accused of serious crimes or misconduct, or relatives and associates of the accused. Among Lacey’s donors were the parents of a man awaiting trial for murder, a felon convicted of trying to smuggle missile parts to Iran, and a used car dealer previously sanctioned for an illegal campaign contribution. Campaign donations to prosecutors have come under national scrutiny in recent years. Experts said a district attorney is well advised to have a system in place to vet every donor.

District of Columbia: D.C. Council Votes to Reprimand Jack Evans Over Ethics Issues
Washington Post – Fenit Nirappil | Published: 3/19/2019

The District of Columbia Council reprimanded its longest serving member, Jack Evans, and announced plans to dilute the power of his committee after he repeatedly used his government staff and email to solicit business from law firms that lobby the city, offering to tap his influence and connections to help their clients. The unanimous vote comes as the veteran lawmaker is the target of a federal investigation into his business dealings and faces the threat of a recall election. The reprimand says Evans violated council rules but does not address the ties between Evans and private companies that are part of a federal probe. Multiple lawmakers say they want to reserve judgement on that until the federal investigation wraps up.

Indiana: Complaint Could Cost Attorney General Curtis Hill His Law License – and Elected Position
Indianapolis Star – Tony Cook, Ryan Martin, and Kaitlin Lange | Published: 3/19/2019

Indiana Attorney General Curtis Hill could lose his law license and his elected position after a little-known state body revived allegations that Hill inappropriately touched four women at an Indianapolis bar last year. The state Supreme Court’s Disciplinary Commission filed a complaint against Hill that says he engaged in acts of battery or sexual battery against the women. In doing so, the commission says, Hill broke the Indiana Rules of Professional Conduct. The accusations are administrative in nature and are not considered criminal charges. Hill, who has denied wrongdoing, will have the opportunity to defend himself and ultimately the state Supreme Court would decide Hill’s fate. Discipline, if any, could range from public reprimand to disbarment. Disbarment would amount to a worst-case scenario for Hill because the law requires the state attorney general to hold a law license.

Kentucky: Former Lobbyist to Pay $15,000 Ethics Fine. He Was Already Convicted in Bribery Case.
Lexington Herald Leader – Bill Estep | Published: 3/18/2019

The Kentucky Executive Branch Ethics Commission fined ex-lobbyist Jim Sullivan and one of his former clients for multiple lobbying violations. Sullivan agreed to pay $15,000 for failing to register from 2005 through 2014 and setting up a deal to represent a company with his pay contingent on an agency making a decision for his client. The commission also announced a $50,000 penalty against Cannon Cochran Management Services, an insurance provider. Sullivan lobbied for the firm. The company did not contest 14 counts of violating the ethics code, some for not registering after hiring an individual to lobby. Sullivan was convicted of giving a $1,000 bribe to Tim Longmeyer, the former head of the Personnel Cabinet, to get state work for company called MC Squared.

Kentucky: Kentucky Legislature Passes Bill Stripping Grimes of Authority Over State Board of Elections
ProPublica – Jessica Huseman | Published: 3/15/2019

The Kentucky Legislature passed a bill that strips Secretary of State Alison Lundergan Grimes of her authority over the State Board of Elections (SBE), restructures the board, and makes misusing the voter registration system a misdemeanor crime. The bill takes multiple steps to scale back the level of control Grimes has asserted over the SBE in recent years, including removing the secretary of state as the chairperson of the board. New reports detailed the secretary of state’s use of the voter registration system to look up information on political rivals, as well as the range of misconduct allegations against Grimes being explored by state investigators. Records confirmed that staff in her office had looked up those named in the reports by ProPublica and The Lexington Herald-Leader, including members of a state ethics agency currently investigating Grimes’ conduct.

Maryland: Baltimore Mayor Pugh Didn’t Disclose Seat on Maryland Medical System Board, as Required on City Ethics Forms
Baltimore Sun – Doug Donovan and Luke Broadwater | Published: 3/14/2019

Baltimore Mayor Catherine Pugh has not reported on disclosure forms filed with the city’s ethics office that she sits on the board of directors for the University of Maryland Medical System, according to a review of records. Instructions on the form tell public officials to report any “office, directorship, salaried employment, or similar position with any business entity that was doing business with the city.” Also, the University of Maryland Medical System did not disclose on its federal tax form for the year ending June 30, 2017, that it had entered into a contract with Pugh to buy 20,000 copies of her book, “Healthy Holly: Exercising is Fun,” the form shows. Ethics officials confirmed Pugh should have disclosed the position. To avoid action against her by the city ethics board, she would need to file an amended form.

Missouri: Voters Approved Clean Missouri, but Lawmakers Want Them to Reconsider
Columbia Missourian – Galen Barcharier | Published: 3/19/2019

Last November, 62 percent of voters approved Amendment 1, the “Clean Missouri” proposal that included measures to limit the power of lobbyists, reduce campaign contributions, and create a new redistricting process. Now, lawmakers are moving to change or completely roll back parts of the ballot measure, with a focus on redistricting. Five resolutions were proposed between the House and the Senate, all of which relate to changing or repealing the redistricting measures enacted from Amendment 1, as well as lobbying and open records measures. All of them propose new constitutional amendments, which would send the issue back to voters to decide. Supporters of Amendment 1 issued a statement in response to the resolutions’ filing, condemning them and asserting the decision of the voters should remain in place.

Nevada: Municipal Election Voters Blind to Campaign Donors
Las Vegas Revierw-Journal – Shea Johnson | Published: 3/13/2019

A glitch in a two-year-old bill meant to strengthen campaign finance reporting has actually weakened transparency in eight Nevada cities, an investigation found, ensuring voters in Las Vegas and elsewhere will be blind to political donors when casting a ballot this spring. That is because reporting deadlines that formerly required reports linked to elections now require candidates to file quarterly. Instead of disclosing contributions and expenses 21 days and four days before an election, candidates now only need to submit paperwork 15 days after a quarter concludes. The first reporting period of 2019 is April 15, which is 13 days after the April 2 primary election.

New Mexico: Legislature Seals Deal on Independent Ethics Commission
New Mexico In Depth – Trip Jennings | Published: 3/16/2019

With just hours left in the session, New Mexico lawmakers reached agreement on legislation that would outline how a new voter-approved state ethics commission would operate. Lawmakers passed the legislation this session after seventy five percent of voters approved adding an independent ethics panel with subpoena power to the state constitution. The bill establishes a commission that would oversee public officials, including state lawmakers, state employees, and constitutionally elected officials like the governor. The seven-member commission could fine officials if they are found to have violated civil provisions of several state laws. People who file complaints would have to in the presence of a notary public attesting to the truth of their allegations under penalty of perjury.

New York: 9 Fund-Raisers in 1 Night: Democrats vow reform in N.Y., but money still flows
New York Times – J. David Goodman | Published: 3/20/2019

State officials have long talked about the need to revamp New York’s campaign finance laws and limit the influence of lobbyists, but little has changed. A bill has been introduced repeatedly for nearly two decades to ban fundraisers in Albany when the Legislature is in session, but it has gone nowhere. In at least 29 states, it is against the law for lobbyists or principals to make campaign contributions while the state Legislature is in session. The goal is to avoid what is commonplace in New York: elected officials spend their day meeting with lobbyists to discuss pending legislation, and then spend their night collecting checks from many of the same people. Yet that two-step is part of the culture in Albany, especially in the weeks before a new state budget is officially ironed out, when opportunities to win influence are abundant.

The Minnesota Legislature recently introduced several ethics-related bills during the 91st legislative session.

Senate File 2041 requires public officials to disclose a lobbyist, principal, or other interested person by whom the individual is compensated in excess of $50 in any month for providing services as an independent contractor or consultant.

Additionally, the bill requires both lobbyists and principals to disclose political contributions. If passed, Senate File 2041 will become effective the day following enactment.

Senate File 2039 seeks to prohibit legislators, constitutional officers, commissioners, deputy commissions, assistant commissioners, or heads of any state department or agency from lobbying for seven years after leaving the aforementioned offices or positions.

House File 2391 seeks to prohibit former legislators and certain legislative employees from lobbying the legislature for two years after leaving legislative office or separation from employment.

Senate File 2035 creates a conflict of interest when a legislator or constitutional officer accepts a contribution of more than $500 from a lobbyist, principal, political committee, or political fund with regard to an action coming before the officer when the contributing individual or association has a greater financial interest of greater consequence to the contributor than the general interest of other residents or taxpayers of the state.

If a conflict arises, the covered official must disclose the conflict.

Arizona Attorney General Mark Brnovich will soon rule on whether cities can impose restrictions on dark money in local campaigns.

Sen. Vince Leach alleged Tempe violated a state law prohibiting local governments from requiring tax-exempt organizations from registering as political committees in 2017 by passing a voter approved ordinance banning dark money contributions.

The law allowing a legislator to demand an attorney general to investigate complaints applies only to ordinances, regulations or other official action adopted or taken by the governing board of a county, city or town.

It is unclear if the authority extends to this voter-approved measure referred to the ballot by Tempe City Council.

Tempe’s dark money ordinance was signed by Gov. Doug Ducey in 2017, as constitutionally required, but he noted it may soon be superseded by state law.

The ordinance in question requires any group spending more than $1,000 during an election cycle to disclose the original source of contributions.

The Office of the Attorney General has 30 days to decide if the complaint has merit.

House Speaker Mike Turzai announced a special election for House District 11 on May 21. The special election will be held on the same day as the state primary.

The seat is vacant after Rep. Brian Ellis resigned on Monday amid allegations of sexually assaulting another state government employee in October 2015.

The winner of the special election will serve the remainder of the term through 2020.

Campaign Finance

Massachusetts: “New Proposal for Massachusetts House Caucus Funding Raises Fears of Legislative ‘Slush Fund’” by Shira Schoenberg for MassLive.com

Elections

California: “L.A. City Council Candidate Sues to Stop Former Ethics Commissioner from Running” by Emily Alpert Reyes for Los Angeles Times

Ethics

National: “Appeals Court Judges Appear Skeptical of Emoluments Case Against Trump” by Sharon LaFraniere (New York Times) for MSN

Indiana: “Complaint Could Cost Attorney General Curtis Hill His Law License – and Elected Position” by Tony Cook, Ryan Martin, and Kaitlin Lange for Indianapolis Star

Missouri: “Voters Approved Clean Missouri, but Lawmakers Want Them to Reconsider” by Galen Barcharier for Columbia Missourian

Oregon: “Cylvia Hayes Settles with Oregonian Over Legal Fees” by Ted Sickinger for Portland Oregonian

Washington D.C.: “D.C. Council Votes to Reprimand Jack Evans Over Ethics Issues” by Fenit Nirappil for Washington Post

Lobbying

New York: “9 Fund-Raisers in 1 Night: Democrats vow reform in N.Y., but money still flows” by J. David Goodman for New York Times

Oklahoma: “Do You Hire Lobbyists? Agencies Face Deadline from Stitt” by Tres Savage for NonDoc