Campaign Finance

Missouri: “Greitens Charged with Second Felony After AG Investigation into Veterans Charity” by Jason Hancock, Allison Kite, and Bryan Lowry for Kansas City Star

Ohio: “Questions Raised About Campaign Contributions and Influence at Columbus City Hall” by Doug Caruso and Rick Rouan for Columbus Dispatch

Pennsylvania: “Philadelphia Tries Again on Campaign Finance Reforms” by Ryan Briggs for City & State Pennsylvania

Elections

National: “Democratic Party Sues Russia, Trump Campaign and WikiLeaks Alleging 2016 Campaign Conspiracy” by Tom Hamburger, Rosalind Helderman, and Ellen Nakashima for Washington Post

New Mexico: “Past Gubernatorial Candidate Insists He Wasn’t Paid to Leave Race” by Dan McKay for Albuquerque Journal

Ethics

National: “For Politicians Scraping Bottom, a Scarce Resource: Impeachment Lawyers” by Alan Blinder for New York Times

Washington: “Washington’s Lottery Deputy Director Ousted After Ethics Investigation” by Rachel LaCorte (Associated Press) for Seattle Times

Lobbying

National: “Lobbyist Whose Wife Rented to Pruitt Lobbied EPA Despite Denials” by Theodoric Meyer and Eliana Johnson for Politico

Canada: “Facebook Agrees to Join Federal Lobbyist Registry” by Bill Curry for The Globe and Mail

Maryland: “Baltimore City Council Bill Would Tighten Restrictions on Lobbyists, Require Forms Go Online” by Luke Broadwater for Baltimore Sun

City Councilman Zeke Cohen introduced an ordinance amending the Baltimore City Ethics Code.

Ordinance No. 18-0230 requires lobbyists to file reports quarterly instead of annually. Additionally, the ordinance obligates lobbyists to affirmatively identify themselves as a lobbyist and the person on whose behalf they are lobbying to a public servant.

If passed, the ordinance will become effective 30 days after it is enacted.

Gov. Eric Holcomb called a special session for May 14, 2018.

On the top of Holcomb’s list is a school safety spending bill and a bill needed to harmonize state tax code with federal tax code.

The special session is expected to last one day.

Campaign Finance

National: Pruitt’s Capitol Hill Condo Fallout Hits a Republican Senator by Ari Natter for Bloomberg.com

Elections

National: Manafort Suspected as ‘Back Channel’ to Russia, U.S. Says by David Voreacos for Bloomberg.com

Ethics

National: EPA Inspector General to Probe Pruitt’s Use of Security Detail on Personal Trips by Brady Dennis for Washington Post

Michigan: Ex-Detroit Deputy Police Chief Celia Washington Gets 1 Year in Prison for Bribery by Tresa Baldas for Detroit Free Press

Missouri: Judge Refuses to Dismiss Criminal Case Against Greitens by Robert Patrick and Joel Currier for St. Louis Post-Dispatch

New York: Former de Blasio Fundraiser Facing Criminal Charges for Straw Donations in 2013 Mayoral Election by Molly Newman, Shayna Jacobs, and James Fanelli for New York Daily News

Lobbying

Canada: Democracy Watch to File Lobbying Complaint About Facebook Exec by Beatrice Britneff for iPolitics.ca

Florida: Citizens Decry City of Tallahassee’s In-House Football Ticket Probe as a ‘Whitewash’ by Jeff Burlew for Tallahassee Democrat

On April 26, among the items the Federal Election Commission (FEC) is scheduled to consider will be a directive concerning FEC rules when the commission has fewer than four members.

On April 19, Chair Caroline C. Hunter submitted a memo to the FEC stating her intent to ask the Office of the General Counsel to prepare a pubic memorandum analyzing the current laws and rules applicable when the commission has fewer than four members, the number needed for a quorum. Hunter also wants the commission to seek public comment on this issue after the Office of General Counsel’s memorandum is submitted to the FEC.

Additionally, the commission is scheduled to consider examples of internet communication disclaimers, which will be circulated at the meeting.

Check out the new News You Can Use Video Digest to catch up on any ethics, lobbying and legislative sessions news you might have missed from this week!

Federal:

Patrick Kennedy Profits from Opioid-Addiction Firms
Politico – Adam Cancryn | Published: 4/17/2018

Patrick Kennedy, who stepped down from Congress amid his battles with addiction and mental illness, is a high-profile mental health advocate who sat on President Trump’s opioid commission. At the same time, he has served as chief executive officer of the Kennedy Forum, which is funded in part by major drug makers and addiction-treatment companies. He received more than $1.1 million from the organization between 2014 and 2016. Kennedy also sits on the boards of eight corporations invested in Washington’s response to the opioid crisis, from which he collects director fees and holds an equity stake in the firms. The many entanglements make Kennedy a one-man nexus of government, private-sector, and patient-advocacy work. Despite his extensive advocacy work, Kennedy said he has not registered as a lobbyist because his activities do not meet the legal specifications of lobbying.

From the States and Municipalities:

Arizona: Woman at Center of Phoenix Lobbyist Forgery Scandal Convicted, Sentenced
Arizona Republic – Dustin Gardner and Rick O’Dell | Published: 4/13/2018

Beth Briggs, a legal assistant with the firm Burch & Cracchiolo, pleaded guilty to filing fraudulent lobbying documents with the city of Phoenix. She must pay a $1,000 fine and complete 200 hours of community service. Investigators said Briggs falsely backdated documents, forged a former attorney’s signature, and signed an affidavit falsely claiming she had mailed the forms. The forged documents made it appear as if Burch & Cracchiolo had complied with an ordinance that requires lobbyists at regular intervals to register, list their clients, and disclose contributions or gifts to elected officials. The firm, however, had not filed the required forms for about two years, even as one of its top attorneys lobbied the city.

Florida: Fernandez Gave Football Tickets to City Officials; Investigation Finds ‘No Rule Violation’
Tallahassee Democrat – Jeff Burlew | Published: 4/16/2018

Two high-ranking city officials accepted Florida State University football tickets in 2016 from former Tallahassee City Manager Rick Fernandez, who was ousted this year for accepting football tickets from a local lobbying firm under FBI scrutiny. The city, in an internal inquiry, determined the employees did not violate Florida law by accepting the tickets or not reporting them as gifts because they did not exceed a $100 threshold. However, the city found, had the tickets cost a penny more, they would have exceeded the statutory threshold.

Florida: Stymied in Effort to Fill Empty Seats, North Miami Beach Commission Can’t Take a Vote
Miami Herald – Kyra Gurney | Published: 4/18/2018

A week after Mayor George Vallejo resigned and pleaded guilty to violating campaign finance laws, North Miami Beach scrambled to fill a vacancy on the city commission so the elected body had enough members to function. Only four of the commission’s seven seats were filled and it needed at least five members present to take any action. The city secured a last-minute order from a judge allowing recently ousted Commissioner Frantz Pierre to return for an emergency meeting so the commission could appoint a new member. Then, Commissioner Anthony DeFillipo announced he could not participate in the meeting. With that, the commissioner marched out of the meeting, leaving the panel where it started, one vote shy of the number needed to fill a vacant seat.

Illinois: Cook County Tax Officials Take Excess Campaign Donations from Appeals Firms, Ethics Panel Says
Chicago Tribune – Ray Long and Hal Dardick | Published: 4/13/2018

Records show Cook County officials who decide the outcome of property tax appeals accepted more than $500,000 in campaign donations from law firms and other businesses that help challenge tax bills, far more than permitted under a county ethics ordinance. Assessor Joseph Berrios and Board of Review members Larry Rogers Jr., Dan Patlak, and Michael Cabonargi were told to return about $440,000 of about $600,000 given by the law firms or other companies involved in the property tax appeals business. Hoping to prevent “pay-to-play,” the county board set caps on contributions from people or businesses that have “sought official action by the county within the preceding four years.” Donations are limited to $750 in a non-election year and $1,500 in an election year.

Iowa: Regulator: Iowa official won’t have to ID outside businesses
WRAL – Ryan Foley (Associated Press) | Published: 4/18/2018

Secretary of State Paul Pate will not be required to identify his private businesses in a conflict-of-interest disclosure form because other state officials have kept similar information secret without consequence, said Iowa Ethics and Campaign Disclosure Board Director Megan Tooker. Pate owns a strip mall and two rental storage businesses that he did not list on a recent ethics filing. As mandated by state law, the form asked Pate to identify “each business, occupation, or profession” in which he was engaged during 2017 and warned of criminal and civil penalties for failing to do so.

Kansas: Gov. Colyer Signs Sweeping Executive Branch Transparency Measure
Kansas City Star – Hunter Woodall | Published: 4/16/2018

Kansas Gov. Jeff Colyer signed a bill that will require people trying to influence an executive branch official on contracts to register as a lobbyist. “Senate Bill 394 will equalize the treatment of lobbying within all branches of state government,” Colyer said in a statement. An investigation last year by The Kansas City Star found the state has one of the most secretive governments in the nation.

Kansas: Kobach Helped Lead Trump’s Election Panel. A Judge Just Found Him in Contempt in a Voter ID Case
Denver Post – Eli Rosenberg (Washington Post) | Published: 4/18/2018

One of President Trump’s leading voter-fraud investigators was ruled in contempt of court for flouting a judge’s orders to ensure voters in his home state were not misled ahead of the 2016 general election. Kansas Secretary of State Kris Kobach, who was vice chairperson of the election integrity commission the the Trump administration disbanded, was cited by U.S. District Court Judge Julie Robinson for a “history of noncompliance and disrespect” for the court’s decisions. In 2016, Kobach lost a challenge to the Kansas Documentary Proof of Citizenship law. He then failed to comply with the court’s directive that he inform affected voters they would be deemed registered and qualified to vote, according to the ruling .

Massachusetts: Thornton Law Firm Didn’t Break State Campaign Finance Laws, Prosecutor Says
Boston Globe – Andrea Estes | Published: 4/18/2018

A probe of the Thornton Law Firm found “no conclusive evidence of a crime,” despite an initial review from Massachusetts regulators saying there may have been campaign finance violations, Essex District Attorney Jonathan Blodgett said. The Office of Campaign and Political Finance had asked Attorney General Maura Healey to investigate contributions from the firm’s partners and spouses. The agency raised questions over whether partners sought to disguise where the money came from and whether the contributions were with personal funds and were not paid or not reimbursed by the law firm. State law bans corporations from contributing to campaigns and prohibits a person from reimbursing someone else for a political donation.

Missouri: Hawley Says Probe into Greitens, Charity Indicates Potential Felony by Governor
Kansas City Star – Lindsay Wise (McClatchy), Jason Hancock, and Bryan Lowry | Published: 4/17/2018

Missouri Gov. Eric Greitens, already facing a felony charge related to an extramarital affair, could soon face another after the state’s attorney general cited evidence that suggests Greitens’ use of a charity donor list for political purposes may have broken state law. Attorney General Josh Hawley said an investigation by his office shows Greitens took computer data listing the top donors to The Mission Continues without the consent of the veterans’ charity he had founded and used it to raise money for his gubernatorial campaign. Hawley said he referred the matter to St. Louis Circuit Attorney Kim Gardner, who has jurisdiction to decide whether to charge Greitens with a crime. He also referred his findings to a special House committee that is considering whether to recommend impeachment proceedings against the governor.

Montana: Dark Money Group Pays $30K Fine for Breaking Montana Campaign Finance Law
Montana Current – John Adams (Montana Free Press) | Published: 4/14/2018

A political group has agreed to pay a $30,000 fine for violating Montana’s campaign finance laws in the 2012 elections. The Montana Growth Network claimed to be an incidental political committee that did not have the primary purpose of supporting or opposing candidates or ballot issues and therefore did not have to disclose its donors. The commissioner of political practices concluded the group should have registered as an independent political committee and reveal donors.

New York: Cuomo Touts Political Ad Transparency Law as Other Reforms
Gotham Gazette – Samar Khurshid | Published: 4/19/2018

New York Gov. Andrew Cuomo signed a bill that prohibits foreign entities from creating independent expenditure committees or buying political ads, requires anyone who purchases an online political ad to register as an independent expenditure committee, and requires online ads to include information about who paid for them, as is currently required of traditional media platforms. The state Board of Elections will also now create a public archive of those online ads and retain them for five years. The bill was a component of Cuomo’s larger Democracy Agenda that otherwise fell by the wayside during budget negotiations and seem unlikely to pass in the remaining months of the legislative session.

New York: New York Attorney General Seeks Power to Bypass Presidential Pardons
New York Times – Danny Hakim and William Rashbaum | Published: 4/18/2018

New York Attorney General Eric Schneiderman asked legislators to amend state law so prosecutors can charge individuals who have benefitted from a presidential pardon. Right now, New York law prevents people from being prosecuted more than once for crimes related to the same act, even if the original prosecution was in federal court. In explaining the need for the change, Schneiderman cited recent reports that President Trump may be considering pardons that could impede criminal investigations. Schneiderman argued that due to the current statute, a “strategically-timed pardon” could protect individuals who have violated New York laws.

Washington: Many of the State’s Powerful Lobbyists Work from One Olympia Neighborhood
The Olympian – Joseph O’Sullivan (Seattle Times) | Published: 4/16/2018

Nearly one-third of the 62 homes found immediately south of the Capitol in Olympia are owned or used by lobbyists, corporations, or unions, according to a review of public records. Those homes, some just across the street from the Capitol campus, are a physical manifestation of the close relationship between Washington’s nearly 800 registered lobbyists and the state’s elected officials. Last year, seven of the state’s 10 highest-earning lobbying firms had a presence in the neighborhood. Some lobbyists say they use their Olympia homes only for sleep or light work before and after the long days of the legislative session. With sessions in recent years lasting between two and seven months, the homes can remain vacant for long stretches in between.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

The Utah Legislature adjourned a veto session sine die on Wednesday after overriding a pair of vetoes from Gov. Gary Herbert.

The Legislature resurrected and passed Senate Bill 171, allowing legislators to defend laws they pass in court instead of relying on the Attorney General’s office, and House Bill 198, requiring the Attorney General to give written legal opinions to the Legislature when requested.

A spokesperson for the Governor said he hopes for an opportunity to test the constitutionality of the new laws in court.

The Nebraska Legislature adjourned sine die April 18.

Lawmakers took no action on Legislative Bill 1099 to adopt the Legislative Ethics Act after Sen. Bill Kintner’s resignation last session for retweeting offensive comments and using a state-issued computer to engage in cybersex.

The bill would have created an ethics board to receive and investigate complaints against any member or employee of the Legislature.

Campaign Finance

Canada: “B.C. Ponders More Changes to Election-Financing Rules” by Matt Robinson for Vancouver Sun

Ethics

Florida: “Fernandez Gave Football Tickets to City Officials; Investigation Finds ‘No Rule Violation’” by Jeff Burlew for Tallahassee Democrat

Georgia: “Former Atlanta Mayor Named in Federal Subpoena” by Dale Russell for WAGA

Iowa: “Iowa Elections Official Did Not Disclose Side Business” by Ryan Foley (Associated Press) for Daily Nonpareil

Missouri: “Missouri Ethics Nominees: No promises made to Greitens” by Blake Nelson (Associated Press) for Columbia Missourian

New Mexico: “Financial Disclosures Tripping Up New Mexico Legislators” by Andrew Oxford (Santa Fe New Mexican) for Las Cruces Sun-News

New York: “New York Attorney General Seeks Power to Bypass Presidential Pardons” by Danny Hakim and William Rashbaum for New York Times

Lobbying

National: “Patrick Kennedy Profits from Opioid-Addiction Firms” by Adam Cancryn for Politico

Procurement

Maryland: “Hogan Administration Delays Consideration of Fast-Tracked Transportation Contract” by Michael Laris for Washington Post

Campaign Finance

Indiana: Indiana GOP Locked Senate Candidate Todd Rokita Out of Donor Database Over Likely Ethics Violation by Brian Slodysko (Associated Press) for Indianapolis Star

Missouri: Hawley Says Probe into Greitens, Charity Indicates Potential Felony by Governor by Lindsay Wise (McClatchy), Jason Hancock, and Bryan Lowry for Kansas City Star

Montana: Dark Money Group Pays $30K Fine for Breaking Montana Campaign Finance Law by John Adams (Montana Free Press) for Montana Current

Ethics

National: Watchdog: EPA broke law building Pruitt’s secure phone booth by Alex Guillén and Anthony Adragna for Politico

Arizona: Don Shooter Seeks $1.3 Million from House Speaker, Ducey’s Chief of Staff Following Removal by Yvonne Wingett Sanchez and Dustin Gardner for Arizona Republic

Illinois: U.S. Supreme Court Again Rejects Hearing Rod Blagojevich’s Appeal by Jason Meisner for Chicago Tribune

Lobbying

Florida: Proposal on November Ballot Would Toughen Lobbying Rules by Lloyd Dunkelberger (News Service of Florida) for Bradenton Herald

Kansas: Gov. Colyer Signs Sweeping Executive Branch Transparency Measure by Hunter Woodall for Kansas City Star

The Kentucky Legislature adjourned sine die April 14.

Lawmakers passed House Bill 97 establishing a new filing deadline for elections of city officers.

Before it was amended, the bill would have moved the date for filing a supplemental annual report from December 1 to December 31.

The Florida Constitution Revision Commission voted to place a six-year revolving door restriction directly on the November general election ballot.

Proposal 6007 would also ban state and local officials from lobbying the Legislature, executive branch, and the federal government while in office.  If approved by 60 percent of voters, the lobbying ban will take effect December 31, 2022.

The proposal would also prohibit public officials from abusing their position to obtain a disproportionate benefit.

The Commission on Ethics will be responsible for defining the term disproportionate benefit, prescribing the requisite intent for finding a violation, and enforcing the prohibition against the abuse of a public position.

The new ethics rule will take effect December 31, 2020, if passed by 60 percent of voters.

Campaign Finance

Illinois: “Cook County Tax Officials Take Excess Campaign Donations from Appeals Firms, Ethics Panel Says” by Ray Long and Hal Dardick for Chicago Tribune

Elections

National: “Sources: Mueller has evidence Cohen was in Prague in 2016, confirming part of dossier” by Peter Stone and Greg Gordon for McClatchy DC

National: “R.N.C. Official Who Agreed to Pay Playboy Model $1.6 Million Resigns” by Rebecca Ruiz and Jim Rutenberg (New York Times) for MSN

Ethics

National: “Trump Grants Pardon to Former Bush Official; Some Say He Is Using the Law as a Political Tool” by Philip Rucker, Josh Dawsey, and Matt Zapotosky for Washington Post

National: “Trump Attorney Michael Cohen’s Mystery Legal Client: Fox News commentator Sean Hannity” by Philip Bump, Devlin Barrett, and Beth Reinhard for Washington Post

West Virginia: “Legislative Auditors Recommend Ethics Investigation of Justice Loughry” by Phil Kabler for Charleston Gazette-Mail

Lobbying

Arizona: “Woman at Center of Phoenix Lobbyist Forgery Scandal Convicted, Sentenced” by Dustin Gardner and Rick O’Dell for Arizona Republic

Michigan: “Mich. Speaker ‘Not Lobbied’ on Trip with Lobbyists” by Jonathan Oosting for Detroit News

Washington: “Many of the State’s Powerful Lobbyists Work from One Olympia Neighborhood” by Joseph O’Sullivan (Seattle Times) for The Olympian