May 25, 2018 •
Lobbying Disclosure and Congressional Revolving Door Bills Introduced
Legislation affecting lobbying was introduced this week in both the Senate and House. Senate Bill 2896 would require lobbyists to disclose any conviction for bribery, extortion, embezzlement, illegal kickbacks, tax evasion, fraud, conflicts of interest, making false statements, perjury, or […]
Legislation affecting lobbying was introduced this week in both the Senate and House.
Senate Bill 2896 would require lobbyists to disclose any conviction for bribery, extortion, embezzlement, illegal kickbacks, tax evasion, fraud, conflicts of interest, making false statements, perjury, or money laundering.
A rather ambitious House bill aimed at restoring trust in Congress would impose a lifetime ban on lobbying for members.
House Bill 5946 would also prohibit members of Congress from being paid if Congress has not approved a budget on a timely basis; eliminate automatic pay adjustments; prohibit first-class airline accommodations; and prohibit House consideration of measures lacking demonstrable bipartisan support.
May 25, 2018 •
News You Can Use Digest – May 25, 2018
Federal: The Princes, the President and the Fortune Seekers Seattle Times – Desmond Butler and Tom LoBianco (Associated Press) | Published: 5/21/2018 Two Americans sought to leverage access to President Trump while angling for lucrative contracts from two Gulf countries […]
Federal:
The Princes, the President and the Fortune Seekers
Seattle Times – Desmond Butler and Tom LoBianco (Associated Press) | Published: 5/21/2018
Two Americans sought to leverage access to President Trump while angling for lucrative contracts from two Gulf countries wanting to shift U.S. foreign policy against Qatar. Republican fundraiser Elliott Broidy and businessperson George Nader reportedly worked to catch the president’s ear by passing along praise from the princes of the United Arab Emirates and Saudi Arabia. Broidy and Nader, who marketed themselves as having a back channel to the Oval Office, sought million-dollar contracts with the two Gulf countries for their efforts, according to the Associated Press investigation. The AP previously reported that Broidy and Nader sought to pass an anti-Qatar bill through Congress, while trying to hide their money trail related to such efforts. Nader is now reportedly cooperating with special counsel Robert Mueller’s team of investigators, who are said to be examining foreign influence inside the Trump White House.
Trump Violated the Constitution When He Blocked His Critics on Twitter, a Federal Judge Rules
Tampa Bay Times – Brian Fung and Hamza Shaban (Washington Post) | Published: 5/23/2018
U.S. District Court Judge Naomi Reice Buchwald ruled President Trump cannot block people from viewing his Twitter feed over their political views. Buchwald said the president’s Twitter account is a public forum and blocking people who reply to his tweets with differing opinions constitutes viewpoint discrimination, which violates the First Amendment. The government does not dispute that Trump blocked the Twitter users for political reasons, but the Justice Department had argued the president was largely acting in a personal capacity. Buchwald did not order Trump to unblock his followers, saying clarification of the law is sufficient to resolve the dispute. Should the president ignore the ruling, analysts say, future litigation could force Twitter to unblock Trump’s followers unilaterally.
Washington Lobbyists Put on Notice Over Foreign Agent Law
Associated Press – Chad Day and Eric Tucker | Published: 5/22/2018
The prosecution of a Pakistani man in Maryland reflects what current and former U.S. Justice Department officials say is an aggressive enforcement strategy against unregistered foreign agents that began even before special counsel Robert Mueller’s investigation exposed a shadowy world of international influence peddling. Officials say they are not interpreting any differently the little-known law called the Foreign Agents Registration Act, which requires people to disclose when they lobby in the U.S. on behalf of foreign governments or political entities. But they have been taking a more aggressive approach, asking more probing questions of people and firms they suspect need to register, requesting more documents, and conducting investigations with an eye toward bringing criminal charges when appropriate.
From the States and Municipalities:
Alabama: Reform Commission Begins Work on Alabama Ethics Law
AL.com – Mike Cason | Published: 5/17/2018
A committee created to propose changes to the law governing ethics for Alabama officials, public employees, lobbyists, and others is aiming to have a proposal ready in October, allowing time to fine tune it before the 2019 legislative session starts March 5. Deputy Attorney General Mike Duffy was the main author of an ethics bill that was introduced during the 2018 legislative session. Lawmakers decided to set it aside and created the Ethics Reform Commission with the goal of passing reforms next year. Duffy said meetings with people affected by the law helped identify areas of concern that were addressed in the bill, such as more clearly defining who is considered a “principal.”
Arizona: Array of Arizona Politicians, Lobbyists Connected to Bribery Case
Arizona Capitol Times – Katie Campbell | Published: 5/18/2018
The trial of a former regulator, a utility owner, and a lobbyist has tentacles that stretch to many others in Arizona’s political universe. Eighty-two prospective witnesses may be called to testify at the trial scheduled to begin May 30. Former Arizona Corporation Commissioner Gary Pierce and his wife, Sherry, along with lobbyist Jim Norton and Johnson Utilities owner George Johnson, face charges of felony conspiracy, bribery, and fraud. Barry Aarons, who has lobbied at the Legislature for 40 years, said the public is in for a bad impression of Arizona politics no matter the outcome of the trial. “It reinforces that sense people have that the whole thing is corrupt,” said Aarons.
Florida: Florida’s Porous Campaign Finance Laws: ‘You can do almost anything’
Tampa Bay Times – Gary Fineout (Associated Press) | Published: 5/21/2018
So far, at least $13 million has been spent on television ads in the Florida governor’s race that includes six candidates vying for the job that will be vacated by Rick Scott. Television ads are poised to play a crucial role in the race since polls continue to show a majority of the state’s voters do not really know the Republican or Democratic candidates vying to replace him. Some of the ads are being paid for by groups that insist they have no legal obligation to disclose who is paying for them. Other ads are being coordinated with campaigns relying on their own legal interpretation to sidestep laws and rules intended to place limits on ad campaigns being funded by large donors. Mark Herron, an election law attorney based in Tallahassee, said: “You can do almost anything in Florida if you put it in the right bucket.”
Florida: Want to Speak at a Miami Beach Meeting? For Business Owners, That Could Cost $850
Miami Herald – Kyra Gurney | Published: 5/24/2018
Businesses owners who want to speak to public officials in Miami Beach are required to register as lobbyists under Miami-Dade County law and the city charges lobbyists a $500 registration fee plus $350 for each issue on which they plan to lobby. Most cities waive lobbying fees for business owners speaking on their own behalf. While the Miami Beach fees might not be a problem for big businesses and the lobbying firms hired to represent them, they have deterred several “mom-and-pop” business owners from speaking at a city commission meeting.
Georgia: Stacey Abrams Wins Georgia Democratic Primary for Governor, Making History
MSN – Jonathan Martin and Alexander Burns (New York Times) | Published: 5/22/2018
Georgia gubernatorial candidate Stacey Abrams won the Democratic primary, bringing her a step closer to becoming the nation’s first African-American woman governor. By defeating Stacey Evans, Abrams also became the state’s first black nominee for governor. The general election is sure to draw national attention as voters determine whether a black woman can win in the Deep South, a region that has not had an African-American governor since Reconstruction. Abrams has signaled she is unlikely to spend much time persuading rural whites to return to a Democratic Party they have largely abandoned. She has embarked instead on a strategy of energizing a coalition of young and nonwhite Georgians who represent a growing share of the state’s population.
Louisiana: New Orleans City Council to Investigate Entergy for Paying Actors to Lobby for Power Plant
New Orleans Times-Picayune – Beau Evans | Published: 5/18/2018
In the wake of Entergy’s admission of waging an “astroturf” lobbying campaign leading up to the approval of a power plant in New Orleans, the city council will change public comment cards and introduce legislation to require lobbying groups register. Entergy conducted an internal investigation that found one of its contractors, Hawthorn Group, hired Crowds on Demand, which admitted to paying actors to testify in support of the power plant. The investigation also found Entergy’s contractors coordinated to have other people paid to sit in the audience of a council meeting to show support for the plant with handmade signs.
Maine: Legislative Typo Threatens to Undermine Clean Elections Campaigns
Lewiston Sun Journal – Kevin Miller (Portland Press Herald) | Published: 5/21/2018
Maine lawmakers left dozens of measures in limbo when they adjourned the 2018 legislative session. Advocates for the state’s public campaign finance system and a state ethics commission official warn that a little-noticed victim of the partisan rancor could have significant financial ramifications for the November 2018 elections. Lawmakers failed to pass a routine “errors and inconsistencies” bill to correct unintended budget language that prevents the ethics panel from disbursing additional money to clean elections candidates starting on July 1. As a result, more than 200 legislative candidates and potentially three gubernatorial campaigns will be unable to tap into at least $3 million, money that lawmakers already have budgeted for the public campaign finance system, in the final months of the election season.
Missouri: Missouri Lawmakers Can Keep Accepting Lobbyist Gifts After Failing to Pass Amendment
Kansas City Star – Allison Kite and Jason Hancock | Published: 5/18/2018
Missouri lawmakers can keep accepting free meals, drinks, and event tickets after the House defeated a proposed constitutional amendment. Sen. Jason Holsman had sought to ban lobbyist gifts and alter legislative term limits. The House brought up the proposal in the last hour of the legislative session only to move on moments later after some lawmakers tried to attach tried to attach amendments and sink the proposal. When the session ended, the proposal died.
Montana: Appeals Court Upholds Montana Campaign Finance Reform Law
Washington Times; Associated Press – | Published: 5/23/2018
A three-judge panel of the Ninth U.S. Circuit Court of Appeals said Montana’s 2015 law to increase campaign reporting and disclosure meets constitutional muster. A group called Montanans for Community Development was unwilling to register and disclose its donors and spending as required under the statute. The appeals panel called the group’s constitutional claims against the law “scattershot.” It also called the group’s argument “absurd” that the law’s requirement to file electronic campaign reports may be unconstitutional.
New York: From the E.R. to the Garden, M.T.A. Chief Holds Unusually Powerful Perch
New York Times – Brian Rosenthal | Published: 5/22/2018
New York Gov. Andrew Cuomo last June selected Joseph Lhota to head the Metropolitan Transit Authority (MTA). But Lhota would only agree to return to the position he held in 2012 on the condition that he could keep his full-time job as the chief of staff of one of the state’s biggest hospital networks, and also retain the prerogative to join any other paid board he wanted. While Lhota remains a respected official, his growing web of jobs has led to potential conflicts-of-interest and competition for his time, complicating the still-flailing effort to resuscitate a transit system used by millions of people every day. Nobody has ever led the MTA while balancing as many other leadership posts as Lhota.
Oklahoma: Many Felons Can’t Vote, But They Can Lobby at the Capitol
Oklahoma Watchdog – Paul Monies | Published: 5/16/2018
Questions have come up in recent years about who can be barred from becoming a registered lobbyist in Oklahoma and whether elected officials should be banned from accepting jobs as lobbyists shortly after leaving office. An Ethics Commission rule requiring a two-year waiting period before certain officials could become lobbyists was rejected by the Legislature this year, with some lawmakers saying it was unjust to deny people the freedom to seek private employment. The issue becomes trickier when it involves someone convicted of a felony. Nothing in state law or ethics rules prohibits lawmakers convicted of felonies from lobbying their former colleagues, but their ability to do so depends largely on prosecutors’ demands.
Pennsylvania: Pa. House GOP Leaders Planning to Impose Sanctions Against Rep. Nick Miccarelli
PennLive.com – Jan Murphy | Published: 5/17/2018
Pennsylvania House Republican leaders said they were moving to take away committee assignments from Rep. Nick Miccarelli, who is accused of abusing two women who dated him, including a fellow lawmaker who is now assigned a bodyguard while she is at the statehouse. The GOP leaders accused Miccarelli of repeatedly violating a caucus policy against retaliation, even after he was told several times about it. Rep. Tarah Toohil obtained a protective order against Miccarelli in March and House leaders provided her with a security escort when she is in the Capitol. The leaders said they also are moving Miccarelli’s desk on the chamber floor, so it will be farther from Toohil’s.
May 24, 2018 •
Court Upholds Montana’s Dark Money Disclosure Laws
The 9th U.S. Circuit Court of Appeals upheld Montana’s campaign spending disclosure laws this week. The three-judge panel ruled the law is not unconstitutionally vague and requiring groups spending money on electioneering communications to report their donors is proper. The […]
The 9th U.S. Circuit Court of Appeals upheld Montana’s campaign spending disclosure laws this week.
The three-judge panel ruled the law is not unconstitutionally vague and requiring groups spending money on electioneering communications to report their donors is proper.
The law, proposed by Gov. Steve Bullock and passed by the Legislature in 2015, still has wide bipartisan support.
Montanans for Community Development, the group challenging the disclosure laws, asserted the requirements were vague and overly broad, giving too much enforcement discretion to the commissioner of political practices. They also argued being required to file electronic campaign reports may be unconstitutional, a point the 9th Circuit Court of Appeals called absurd.
The current commissioner, Jeff Mangan, said he and his office are pleased with the ruling.
May 24, 2018 •
Thursday’s LobbyComply News Roundup
Elections Alabama: “Competition Sparse in Many Alabama Legislative Districts” by Mike Cason for AL.com Georgia: “Stacey Abrams Wins Georgia Democratic Primary for Governor, Making History” by Jonathan Martin and Alexander Burns (New York Times) for MSN Ethics National: “Senate Anti-Harassment […]
Elections
Alabama: “Competition Sparse in Many Alabama Legislative Districts” by Mike Cason for AL.com
Georgia: “Stacey Abrams Wins Georgia Democratic Primary for Governor, Making History” by Jonathan Martin and Alexander Burns (New York Times) for MSN
Ethics
National: “Senate Anti-Harassment Bill Could See Fast Action” by Katherine Tull-McManus for Roll Call
National: “Michael Cohen’s Business Partner Agrees to Cooperate as Part of Plea Deal” by Danny Hakim, William Rashbaum, and Vivian Wang for MSN
Massachusetts: “Galvin Disciplines Employees for Performing Political Tasks on Government Time” by Matt Stout for Boston Globe
Ohio: “Cincinnati Councilman Jeff Pastor’s Campaign: Unusual donations, loans, gifts to churches” by Sharon Coolidge for Cincinnati Enquirer
Texas: “Democratic State Rep. Ron Reynolds Likely Headed to Jail after Texas Court of Criminal Appeals Refuses to Review His Case” by Jolie McCullough for Texas Tribune
Lobbying
National: “Lobbying Firm Shuttered, but Tony Podesta’s Fate in Mueller Probe Still a Mystery” by Trish Turner for ABC News
May 23, 2018 •
Third Request for FEC to Consider Rulemaking Concerning Foreign Interference in Elections
At the May 24 meeting of the Federal Election Commission, Vice Chair Ellen L. Weintraub resubmitted proposals for the commission to reconsider concerning whether to engage in a rulemaking to protect future U.S. elections from foreign interference. As stated in […]
At the May 24 meeting of the Federal Election Commission, Vice Chair Ellen L. Weintraub resubmitted proposals for the commission to reconsider concerning whether to engage in a rulemaking to protect future U.S. elections from foreign interference.
As stated in her May 17 memorandum to the commission, the proposals were initially brought in both September 2016 and June 2017. The impetus for her new request was a bipartisan joint statement released by Senators Richard Burr and Mark Warner, in which they both call for better efforts to combat foreign interference in federal elections.
This request to be considered at the commission’s meeting can be found here.
May 23, 2018 •
Vermont Lawmakers Reconvene for Special Session
Lawmakers reconvene today in Montpelier for a special session called by Gov. Phil Scott. The focus of the special session will be on the state budget and property tax bills passed by the General Assembly during the regular session. Gov. […]
Lawmakers reconvene today in Montpelier for a special session called by Gov. Phil Scott.
The focus of the special session will be on the state budget and property tax bills passed by the General Assembly during the regular session.
Gov. Scott has signaled to the Legislature his plan to veto both bills in their present form.
May 23, 2018 •
West Virginia Legislature Adjourns Special Legislative Session
The West Virginia Legislature adjourned a two-day special legislative session on May 21, 2018. Lawmakers passed eight bills, including a bill creating the Department of Arts, Culture, and History. Gov. Jim Justice signed a bill in March eliminating the Department […]
The West Virginia Legislature adjourned a two-day special legislative session on May 21, 2018.
Lawmakers passed eight bills, including a bill creating the Department of Arts, Culture, and History.
Gov. Jim Justice signed a bill in March eliminating the Department of Education and the Arts.
Under the new bill, the commissioner of culture and history will become the curator of arts, culture, and history and report directly to the governor.
May 23, 2018 •
Wednesday’s LobbyComply News Roundup
Campaign Finance Florida: “Florida’s Porous Campaign Finance Laws: ‘You can do almost anything’” by Gary Fineout (Associated Press) for Tampa Bay Times Oregon: “Legislative Typo Threatens to Undermine Clean Elections Campaigns” by Kevin Miller (Portland Press Herald) for Lewiston Sun […]
Campaign Finance
Florida: “Florida’s Porous Campaign Finance Laws: ‘You can do almost anything’” by Gary Fineout (Associated Press) for Tampa Bay Times
Oregon: “Legislative Typo Threatens to Undermine Clean Elections Campaigns” by Kevin Miller (Portland Press Herald) for Lewiston Sun Journal
Nevada: “Sen. Dean Heller Paid Son at Least $52,500 in Campaign Cash for Social Media Consulting” by James DeHaven for Reno Gazette Journal
Ethics
Colorado: “Denver Airport Provided $400,000 in Travel to City Officials for 4 Years” by Ben Marcus (Colorado Public Radio) for Denver Post
New York: “N.Y. Developer Pleads Guilty Ahead of ‘Buffalo Billion’ Corruption Trial” by Brendan Pierson for Reuters
Texas: “Disgraced Ex-Rep. Blake Farenthold Illegally Hired to New Lobbying Job, Lawsuit Claims” by William Cummings for USA Today
Lobbying
National: “Professor Convicted of Vandalizing NRA Lobbyist’s Home with Fake Blood” by Rachel Weiner (Washington Post) for Syracuse Post-Standard
National: “Washington Lobbyists Put on Notice Over Foreign Agent Law” by Chad Day and Eric Tucker for Associated Press
National: “The Princes, the President and the Fortune Seekers” by Desmond Butler and Tom LoBianco (Associated Press) for Seattle Times
May 22, 2018 •
Oregon Legislature Adjourns One-day Special Session
The Oregon Legislature adjourned a one-day special session on May 21, 2018. The special session was called by Gov. Kate Brown to address tax breaks for small businesses. The tax plan passed 51-8 in the House and 18-12 in the […]
The Oregon Legislature adjourned a one-day special session on May 21, 2018.
The special session was called by Gov. Kate Brown to address tax breaks for small businesses. The tax plan passed 51-8 in the House and 18-12 in the Senate.
Both votes included Democrats who broke from their party to vote against the measure.
May 22, 2018 •
Tuesday’s LobbyComply News Roundup
Elections National: “Trump Jr. and Other Aides Met with Gulf Emissary Offering Help to Win Election” by Mark Mazzetti, Ronen Bergman, and David Kilpatrick (New York Times) for MSN National: “Justice Department Calls for Inquiry after Trump Demands Probe into […]
Elections
National: “Trump Jr. and Other Aides Met with Gulf Emissary Offering Help to Win Election” by Mark Mazzetti, Ronen Bergman, and David Kilpatrick (New York Times) for MSN
National: “Justice Department Calls for Inquiry after Trump Demands Probe into Whether FBI ‘Infiltrated or Surveilled’ His Campaign” by Matt Zapotosky, Robert Costa, and David Nakamura (Washington Post) for MSN
National: “Blankenship to Run Third-Party Senate Campaign after Losing GOP Primary” by Ben Kamisar for The Hill
Ethics
National: “#MeToo Leader, also a California Lawmaker, Disciplined for Sexual Harassment” by John Myers (Tribune News Service) for Governing
Missouri: “Now What? Greitens Special Session Underway as House Intensifies Investigation” by Jack Suntrup for St. Louis Post-Dispatch
Tennessee: “Diane Black Took Flight on Private Plane Linked to Company That Benefited from Her Politicking” by Joel Ebert and Dave Boucher for The Tennessean
Lobbying
Louisiana: “New Orleans City Council to Investigate Entergy for Paying Actors to Lobby for Power Plant” by Beau Evans for New Orleans Times-Picayune
Missouri: “Missouri Lawmakers Can Keep Accepting Lobbyist Gifts After Failing to Pass Amendment” by Allison Kite and Jason Hancock for Kansas City Star
May 21, 2018 •
South Carolina Legislature to Reconvene This Week for Two-Day Session
South Carolina lawmakers will return to the State House this week to deal with unfinished legislative business after legislators extended the 2018 sine die adjournment date for the General Assembly. Each house stands adjourned to meet in a two-day statewide […]
South Carolina lawmakers will return to the State House this week to deal with unfinished legislative business after legislators extended the 2018 sine die adjournment date for the General Assembly.
Each house stands adjourned to meet in a two-day statewide session beginning May 23 and another two-day session on June 27.
Following the June session, the General Assembly will stand in recess subject to the call of the speaker and president pro tempore.
Unless otherwise adjourned sine die at an earlier date, the 2018 session will adjourn sine not later than November 11, 2018.
May 21, 2018 •
Colorado Secretary of State Considering Amendments to Campaign Finance Rules
Colorado Secretary of State Wayne Williams is considering amendments to the state’s campaign finance rules. A new rule would allow committees to accept contributions in the form of cryptocurrency up to the limits for cash or coin contributions. The value […]
Colorado Secretary of State Wayne Williams is considering amendments to the state’s campaign finance rules.
A new rule would allow committees to accept contributions in the form of cryptocurrency up to the limits for cash or coin contributions.
The value of such contributions would be the value of the cryptocurrency at the time the contributions are made.
Prior to issuing the proposed draft, the Secretary of State’s office is seeking public comments to identify potential revisions and additional guidance. Comments must be submitted by May 23.
May 21, 2018 •
West Virginia Governor Calls for Special Legislative Session
On May 18, West Virginia Gov. Jim Justice issued a call for the West Virginia Legislature to meet in special session beginning at 6 p.m. on Sunday, May 20, 2018. The special session will be held during the Legislature’s regularly […]
On May 18, West Virginia Gov. Jim Justice issued a call for the West Virginia Legislature to meet in special session beginning at 6 p.m. on Sunday, May 20, 2018.
The special session will be held during the Legislature’s regularly scheduled interim meetings that also began Sunday. The governor’s call included eight bills for the Legislature to address.
Several are meant to clarify some pieces of recently-passed legislation while others are supplemental appropriations.
May 21, 2018 •
Minnesota Legislature Adjourns Sine Die
The Minnesota Legislature adjourned sine die on May 20, 2018. The Legislature passed bills relating to misrepresenting service animals, prohibiting local governments from disarming police officers, and funding for the state’s vehicle license and registration system. Tensions between the Republican-controlled […]
The Minnesota Legislature adjourned sine die on May 20, 2018.
The Legislature passed bills relating to misrepresenting service animals, prohibiting local governments from disarming police officers, and funding for the state’s vehicle license and registration system.
Tensions between the Republican-controlled House and Democrat Gov. Mark Dayton were apparent during the final day of the session as Republicans sent a series of bills to Dayton similar to previously vetoed bills.
Dayton has reiterated he will not call a special session for any unfinished business.
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