Elections

South Dakota: “South Dakota a ‘Standout’ in Limiting Voters’ Ability to Bring Issues to the Ballot” by Dana Ferguson for Sioux Falls Argus Leader

Ethics

National: “F.B.I. Raids Office of Trump’s Longtime Lawyer Michael Cohen; Trump Calls It ‘Disgraceful’” by Matt Apuzzo for New York Times

National: “Lobbyist Couple Had to Change the Locks on Pruitt” by Eliana Johnson for Politico

District of Columbia: “Emails: Ousted D.C. government watchdog frustrated the mayor’s aides” by Fenit Nirappil for Washington Post

Indiana: “Senate Candidate Braun Pushed Legislation Benefiting His Industry as a State Lawmaker” by Tony Cook, Kaitlin Lange, and Robert King for Indianapolis Star

Maryland: “Former Md. Liquor Board Commissioner Sentenced in Bribery Scheme” by Lynh Bui for Washington Post

Lobbying

Alabama: “Ivey Signs Ethics Exemption for Developers into Law” by Kim Chandler for AP News

New York: “JCOPE Reaches Settlement with Top Lobbyist Over de Blasio Donation” by Chris Bragg for Albany Times Union

The Kansas Legislature adjourned its legislative session on Sunday, April 8, 2018.

During the late hours of the session, lawmakers approved an increase in spending for education in response to a court order.

The bill has been publicly supported by Gov. Jeff Colyer. The Legislature will reconvene on April 26.

Campaign Finance

National: “Facebook’s New Rules Aim to Thwart the Kind of Ads Bought by Russian Trolls During the Election” by Tony Romm for Washington Post

Arizona: “Ducey Signs Bill Overriding Local Laws on Certain Campaign-Finance Disclosures” by Howard Fischer (Capitol Media Services) for Arizona Daily Star

Ohio: “Critics Say Rep. Jim Renacci May Have Used ‘Straw Donor’ Scheme to Fund State Campaign Account” by Deirdre Shesgreen (USA Today) for Cincinnati Enquirer

Ethics

National: “Mueller Probe Tracking Down Trump Business Partners, with Cohen a Focus of Queries” by Kevin Hall, Ben Wieder, and Greg Gordon for McClatchy DC

Colorado: “Sexual Harassment, Misconduct Prevalent but Largely Unreported at Colorado Capitol, New Report Finds” by John Frank and Jesse Paul for Denver Post

West Virginia: “WV Ethics Commission Takes Issue with New Public Service Volunteer Law” by Phil Kabler for Charleston Gazette-Mail

Legislative Issues

Hawaii: “What’s Up with All the Gut-And-Replace Trickery at The Legislature This Year?” by Nathan Eagle for Honolulu Civil Beat

Lobbying

National: “Lobbyist Tied to Pruitt’s Condo Had Roster of Clients Facing EPA” by Jennifer Dlouhy and Jennifer Jacobs for Bloomberg.com

Canada: “Facebook Claims Its Very Busy Man in Ottawa Is Not a Lobbyist” by Murad Hemmadi for Macleans.ca

A bill was introduced in the National Assembly of Quebec to amend the legislature’s ethics law. The amendments to the Code of Ethics and Conduct of the Members of the National Assembly (MNA) (chapter C-23.1) would provide an Ethics Commissioner inquiry report be produced within 90 days of the date on which an inquiry began, with allowances for extensions.

The bill also entitles a lawmaker who is the subject of an inquiry report to request a review committee be established to examine the report before it is tabled in the National Assembly. The review committee, which would be composed of three persons and chaired by a Court of Appeal judge designated by that court’s chief judge, could approve or revise the inquiry report.

The private bill, which was introduced on March 21 by MNA Claude Surprenant, an Independent representing the provincial electoral district of Groulx in the Laurentides region of Quebec, also mandates the committee must hear from both the investigated member and from the ethics commissioner. The bill also establishes the procedure for tabling the review report in the National Assembly.

Lots of legislatures adjourning this past week. Find out what they did to finish out their 2018 sessions in this weeks News You Can Use Video Digest.

National:

Young Women Help Lead Campaigns to Success at the Polls
New York Times – Michael Tackett | Published: 4/2/2018

Hillary Clinton’s loss in the presidential election prompted a surge of Democratic women running for office this year, and right behind them, a new legion of young women managing campaigns. With a seat at the head of the table, they will be responsible for strategy, message, staff, and creating networks for future campaigns. This year, 40 percent of the campaign managers for Democratic congressional candidates are women. In contrast, Kelly Dittmar, a political scientist at Rutgers University’s Center for American Women and Politics, recalled excising data on female campaign consultants from a book she wrote in 2010 because the numbers were too small to be statistically reliable.

Federal:

Pruitt Had a $50-a-Day Condo Linked to Lobbyists. Their Client’s Project Got Approved.
Anchorage Daily News – Eric Lipton (New York Times) | Published: 4/2/2018

Williams & Jensen, the lobbying firm at the center of the controversy surrounding Environmental Protection Agency (EPA) Administrator Scott Pruitt’s $50-a-night Washington, D.C. apartment, has assisted oil and gas companies in navigating the agency’s environmental regulations. The wife of J. Steven Hart, chairperson of the lobbying firm, had allowed Pruitt to use her apartment in a pricey neighborhood as he needed it, for $50 a night last year. The EPA signed off last March on a Canadian energy company’s pipeline-expansion plan, even though the agency, at the end of the Obama administration, had moved to fine Calgary-based Enbridge $61 million in for an oil spill. Williams & Jensen was registered to lobby for Enbridge at the time of the EPA action.

Top Government Ethics Chief Walter Shaub and Staff Used Headspace Meditation App to Deal with Stress of Working Under Trump
CNBC – Dan Mangan | Published: 3/29/2018

To help staff members deal with stress from working under President Trump, former Office of Government Ethics Director Walter Shaub said he started holding daily group meditation sessions. Shaub, who resigned in July, said at least six of about 70 staffers regularly attended the 10-minute meditation breaks he held with the Headspace app, which guides users through breathing and relaxing imagination exercises. “The problem is the direct assault on the ethics program which is the thing that every person in that room had committed their lives to,” Shaub said.

From the States and Municipalities:

Alabama – Controversial Economic Developer Bill Goes to Gov. Kay Ivey
Montgomery Advertiser – Brian Lyman | Published: 3/29/2018

Alabama legislators passed a bill that opponents said would carve a loophole in the state’s ethics law. House Bill 317 exempts economic developers from having to register as lobbyists. Supporters said it would help Alabama recruit employers who value confidentiality in their search for project sites. Lobbyists must file public reports that list their clients, file quarterly activity reports, and meet other requirements. Rep. Chris England said the bill would weaken the law. “It creates a set of people who are lobbying but don’t have to register as lobbyists,” England said.

Alabama – State Rep, Former AL GOP Chairman Arrested on Bribery Charges
Montgomery Advertiser – Melissa Brown | Published: 4/2/2018

State Rep. Jack Williams and Marty Connors, a lobbyist who once chaired the Alabama Republican Party, were arrested on conspiracy charges related to payments made to another lawmaker to advance a bill. The owner of Triana Health diabetes treatment centers, G. Ford Gilbert, was also arrested. Prosecutors said Gilbert paid then-House Majority Leader Rep. Micky Hammon to push legislation that would require Alabama’s dominant insurance company to cover treatments at Triana clinics. Prosecutors said Connors, who was lobbying for the bill, knew about the payments to Hammon and recruited Williams to use his position as a committee chair to hold a hearing on the bill. Williams also knew of the payments and acted to help Hammon, “who, as everyone in the scheme knew, was experiencing grave financial problems,” prosecutors said.

Arizona – ‘Dark Money’ in the States: Arizona GOP Blocks Cities from Implementing Transparent Elections
Newsweek – Josh Keefe | Published: 4/2/2018

The Arizona Legislature passed a bill to protect anonymous political spending, less than a month after Tempe residents voted overwhelmingly to increase transparency on that type of spending in local elections. The battle between city and state opens a new front in the national debate over so-called dark money in politics; it is also the first time a state has banned local governments from shining light on secret spending. Under House Bill 2153, non-profits in “good standing” with the IRS would not have to register as a PAC, and would not have to respond to audits, subpoenas, or produce evidence regarding a “potential political campaign finance violation, among other provisions.

Hawaii – Super PAC’s Attack Reveals Gaps in Hawaii Campaign Finance Law
Honolulu Civil Beat – Nathan Eagle | Published: 4/3/2018

Megan Kau launched a super PAC and website attacking former Hawaii Sen. Clayton Hee, who is running for governor this fall. But voters will not know the source of the money behind the committee or how much she is spending trying to tarnish the candidate over 30-year-old domestic violence allegations before absentee ballots go out for the Democratic primary. Three years ago, lawmakers added a reporting deadline for non-candidate committees, such as super PACs, to help improve transparency between the primary and general elections. But they did not address filing deadlines for reports before the primary.

Illinois – Rahm Emanuel, Challengers Won’t Have Fundraising Limits in 2019 Mayoral Election
Chicago Tribune – Bill Ruthhart | Published: 4/8/2019

Willie Wilson made a $100,000 contribution to his own campaign for Chicago mayor, a donation that lifts the caps on campaign contributions for all candidates in the crowded 2019 race. Under state law, individual donors are limited to making no more than a $5,600 contribution to a single campaign. Businesses are limited to $11,100 and PACs are capped at $55,400. Those limits are lifted if a candidate gives $100,000 or more to his or her campaign fund within a year of the election, which is what Wilson said he has done.

Maryland – Maryland, ACLU Reach Settlement Over Governor Deleting Critical Comments on His Facebook Page
Washington Post – Ovetta Wiggins | Published: 4/2/2018

Maryland Gov. Larry Hogan must be more permissive of social media commenters who disagree with him under a settlement to resolve a lawsuit that accused him of censoring constituents by blocking them on Facebook. The settlement includes a $65,000 payment to the four plaintiffs and a revised social media policy for Hogan’s social media accounts. The lawsuit from the American Civil Liberties Union alleged the plaintiffs’ First Amendment rights had been violated when Hogan blocked them from his official Facebook page or deleted their comments. The lawsuit was one of several filed over the past year against high-profile elected officials across the country accusing them of blocking constituents on social media.

Maryland – Nathaniel Oaks Is the Latest Maryland Politician to Be Convicted. Is Enough Being Done to Prevent Corruption?
Baltimore Sun – Luke Broadwater | Published: 3/30/2018

Hours after resigning from the Maryland senate, Nathaniel Oaks pleaded guilty to public corruption charges. He admitted in federal court that he accepted more than $15,000 in bribes from a man he thought was a real estate developer, in exchange for help securing funds for a project. Oaks is the latest in a long line of Maryland politicians who violated laws meant to ensure ethical government. The state has seen a governor, a vice president, several county executives, and a mayor brought low after corruption probes. Some of those political players have resurfaced and now occupy prominent roles once again in state politics.

Minnesota – Tony Cornish’s Capitol Visit Might Spark Restraining Order
Minnesota Lawyer – Kevin Featherly | Published: 4/3/2018

A surprise visit to the Capitol by former Minnesota Rep. Tony Cornish has one of his sexual-harassment accusers threatening to file for a restraining order. But Cornish says the visit might be his last. He made that declaration just before being told his visit has lobbyist Sarah Walker, who has alleged he repeatedly harassed her, contemplating a restraining order against him. Walker was one of several women who accused Cornish of harassment last year. She said Cornish repeatedly propositioned her, once pushing her up against a wall and attempting to kiss her. Cornish resigned his seat.

Oregon – Commission Approves Kitzhaber Ethics Settlement
Portland Tribune – Paris Achen | Published: 3/30/2018

The Oregon Ethics Commission accepted a settlement reached with former Gov. John Kitzhaber, closing this chapter of a years-long scandal that forced him to resign. Kitzhaber will pay a civil penalty of $20,000. The maximum fine that could have been levied was $50,000. The violations stem from conflicts-of-interest involving an overlap between Kitzhaber’s role as governor and his interest in a business owned by First Lady Cylvia Hayes. She had a dual role as an unpaid adviser in the governor’s office and was privately paid to consult on the same issues. In January, the commission found Hayes committed 22 ethics violations during her time as first lady.

Oregon – The Oregonian Places Lien on Home of Kitzhaber Fiancée
Bend Bulletin – Gary Warner | Published: 3/29/2018

Oregon’s largest newspaper has placed a six-figure lien against the home of Cylvia Hayes, the fiancée of former Gov. John Kitzhaber, who resigned in February 2015 over allegations that Hayes used her position as first lady to lobby for clients of her consulting firm. The Oregonian, based in Portland, filed the lien to recoup a $124,837 judgment against Hayes. The state attorney general had agreed to release some of the 72,000 emails to and from Hayes during Kitzhaber’s time in office. Hayes filed a lawsuit seeking to block the release. A judge ruled in the Oregonian’s favor and found Hayes liable for the newspaper’s attorneys’ fees.

South Carolina – Is Vote-Trading by South Carolina Lawmakers Illegal? Question Arises from Allegation
Greenville News – Tim Smith | Published: 3/29/2018

Sen. Sandy Senn’s allegations on the floor of the Senate have spurred a request for a state attorney general’s opinion on whether vote-trading by South Carolina legislators is illegal. Senn, alleged Sen. Gerald Malloy had offered to trade votes with her over her bill on school threats when it came before the Judiciary Committee. Sen. William Timmons said federal law bans vote-trading for members of Congress but state law is murkier about the issue. He said it might be considered a violation of the state’s ethics laws if a vote was considered a thing of value.

Wisconsin – Gov. Scott Walker Calls Special Elections; Senate Chief Drops Bill to Sidestep Court Order
Milwaukee Journal Sentinel – Jason Stein | Published: 3/29/2018

Wisconsin Gov. Scott Walker called special elections to be held for two vacant legislative seats after three judges in the last week ordered him to do so. Meanwhile, Senate Republicans have dropped their effort to pass a bill that would eliminate a provision in state law that requires the governor to promptly call special elections for vacant seats. Appellate Court Judge Paul Reilly dismissed Walker’s argument that the court should allow time for the Legislature to rewrite state law that would effectively block the special elections. “Representative government and the election of our representatives are never ‘unnecessary,’ never a ‘waste of taxpayer resources,’ and the calling of the special elections are, as the Governor acknowledges, his ‘obligation’ to follow,” Reilly wrote.

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.

Contribution limits have been lifted for individuals running in the 2019 Chicago mayoral race.

Per state law, the limits are lifted for all candidates in a local race once a candidate contributes $100,000 to his or her own campaign within a year of the election.

Mayor Rahm Emmanuel has a major fundraising advantage; he raised over $24 million in the 2015 race.

Businessman Willie Wilson says he made a $100,000 contribution on Wednesday in an effort to level the playing field for other candidates.

Kansas lawmakers passed a bill expanding the definition of lobbying to increase transparency in government contracts.

Senate Bill 394 requires lobbyist registration for attempting to influence members of the executive or judicial branch regarding any covered action, including contracts and agreements.

The final version of the bill removed a provision that would have raised the gift-giving threshold for purposes of goodwill lobbying to $100 from $40 annually.

If Gov. Jeff Coyler approves, the bill will take effect July 1.

Campaign Finance

Colorado: “Denver DA Drops Grand Jury Investigation into Colorado Secretary of State Wayne Williams” by Jesse Paul for Denver Post

New Mexico: “Judge Approves Settlement Over New Mexico Campaign Cash” by Morgan Lee (Associated Press) for Virginian-Pilot

Ethics

National: “‘Fat Leonard’ Affected Pentagon’s Pick to Lead Joint Chiefs” by Craig Whitlock for Washington Post

Kentucky: “Sexual Harassment Case: No ethics charges for three lawmakers” by Adam Beam (Associated Press) for State-Journal

Pennsylvania: “Former Philly Sheriff John Green Beats Every Charge in Federal Bribery-Conspiracy Trial” by Craig McCoy for Philadelphia Inquirer

Pennsylvania: “In a First, Pennsylvania Supreme Court OKs Noneconomic Damages for Turnpike Whistleblower” by Peter Hall for Allentown Morning Call

Legislative Issues

Minnesota: “Tony Cornish’s Capitol Visit Might Spark Restraining Order” by Kevin Featherly for Minnesota Lawyer

Lobbying

Kansas: “Second Sunshine Bill Sent to Gov. Colyer to Fix Kansas Transparency Issue” by Hunter Woodall for Kansas City Star

April 9 Akron Press Club, Akron, OH

April 11-13 SGAC National Summit, Salt Lake City, UT

April 14 Cherry Blossom Parade, Washington, DC

April 17 Public Affairs Council Annual Member Dinner, Washington, DC

April 19 Akron Roundtable, Akron, OH

April 20 11th Annual YouToo Social Media Conference, Kent, OH

April 20 Coffee with Congressional Candidates, Akron, OH

April 25 WPNI Closing Reception, Washington, DC

April 26 Akron Urban League — Scholarship Luncheon and Annual Meeting, Akron, OH

April 30 Heart-to-Heart–25th Annual Greater Akron Speaks Out for Values Breakfast, Akron, OH

Q. As a company, we would like to organize site visits for agency officials, so they can better understand our company and industry.  Can we cover expenditures for these visits?

A. State and local gift restrictions will apply to company expenditures associated with a site visit by a government official or employee, especially if your company is a lobbyist employer or state contractor.  Food, beverage, entertainment, travel, lodging, or other promotional/welcome gifts could be restricted or banned.  However, many jurisdictions have specific gift exceptions allowing expenditures in conjunction with site visits.  Each jurisdiction has its own requirements for gift law compliance…

Read the full article here

For more information, be sure to check out the Gift Law and Reports Required sections of the Lobbying Compliance Laws online publication for any  jurisdiction. Please feel free to contact us if you have any questions.

Click here to read ALL Ask the Experts articles in full

The Massachusetts Office of Campaign and Political Finance released a draft version of updates to the agency’s regulations taking affect at the end of the month.

The changes were subject to a public hearing last month and aim to make the regulations consistent with changes to campaign finance law and agency practices of the last few years.

Some changes include updated due dates for electronically filed reports, clarifications on when an organization must register as a political committee, and explanations of the circumstances in which an independent expenditure political action committee (PAC) becomes a traditional PAC.

The official effective date of the updated regulations has not yet been announced, and a final copy of the changes will not be publicly available until later this month.

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.

The 2018 elections are approaching quickly. Have you reviewed the restrictions on political contributions from your company’s lobbyists?

It is important to know what restrictions are placed on lobbyists, such as when, how, or how much a lobbyist may contribute.

Knowing state and federal restrictions will help your company remain compliant and could save you a lot of headaches.

State and Federal Communications is here to help you. Our newest Tip Sheet “Restrictions on Political Contributions from Lobbyists” will inform you on sessional restrictions, lobbyist contribution limits, and restrictions on activities beyond making direct contributions.

This new Tip Sheet will provide you with the key information to keep in mind as you continue your government affairs program.

Click here to get this FREE Tip Sheet today – and ensure you and your team can say “I Comply!”