Campaign Finance

Missouri: “St. Louis County Council Looks into the Wisdom, and Practicality, of Campaign Donation Limits” by Jason Rosenbaum for St. Louis Public Radio

New York: “Mayor Wants City Charter Revision to Tackle Campaign Finance” by William Neuman for New York Times

Texas: “County Judge Sent $63K from Campaign Account to His Beer Company Without Reporting It” by Trent Seibert for Texas Monitor

Elections

Montana: “Montana’s Ban on Robocalls Upheld as Constitutional by Federal Judge” by Holly Michels for Helena Independent Record

Ethics

Federal: “Federal Grants Meant for Clean Coal Misspent on Liquor, Spas” by Ari Natter for Bloomberg

National: “A Whirlwind Envelops the White House, and the Revolving Door Spin” by Peter Baker (New York Times) for MSN

Florida: “Miami Beach Official Accepted Stays from Hotelier. Now Both Face Corruption Charges.” by Joey Flechas and David Ovalle for Miami Herald

Kentucky: “Kentucky Bill Seeks New Ethics Rules for KFC Yum! Center Board” by Marcus Green for WDRB

Legislative Issues

National: “She Was Naming Lawmakers Who Took Oil-and-Gas Money – So They Barred Her from the Public Hearing” by Avi Selk for Washington Post

Lobbying

Hawaii: “Development Lobbyist Failed to Register with Honolulu Ethics Commission” by Anita Hofschneider for Honolulu Civil Beat

Campaign Finance

Alaska: “Group Picks Alaska to Challenge Unlimited Campaign Donations” by Becky Bohrer (Associated Press) for Bristol Herald-Courier

Connecticut: “An Unlikely Rebuke of the General Assembly Over Election Laws” by Mark Pazniokas for Connecticut Mirror

Texas: “Anti-Abortion Group Deletes State Senator’s Video After Questions of Legality Raised” by Patrick Svitek and Jay Root for Texas Tribune

Ethics

National: “First-Class Travel Distinguishes Scott Pruitt’s EPA Tenure” by Juliet Eilperin and Brady Dennis for Washington Post

National: “#MeToo Movement Lawmaker Investigated for Sexual Misconduct Allegations” by Carla Marinucci for Politico

California: “California Legislative Staff Get Whistleblower Protections” by Kathleen Ronayne (Associated Press) for KPCC

Canada: “Ethics Czar Calls for Tougher Sanctions for Breaking Conflict of Interest Laws” by Beatrice Britnoff for iPolitics.ca

Oregon: “Kruse to Resign after Finding of Groping, Unwanted Touching at Oregon Capitol” by Gordon Friedman for Portland Oregonian

South Carolina: “Former S.C. House Majority Leader Rick Quinn Gets Probation in Misconduct Case” by Andrew Knapp and Glenn Smith for Charleston Post and Courier

Tennessee: “Mayor Megan Barry Affair: Ethics complaint alleges improper influence, prompts new probe” by Dave Boucher and Nate Rau for The Tennessean

Legislative Issues

Colorado: “If You Can Pay $250, Colorado Lawmakers May Let You Skip Security at State Capitol” by John Frank for Denver Post

Lobbying

Florida: “Scott Maddox Never Registered as Waste Pro Lobbyist” by Jeff Burlew for Tallahassee Democrat

North Dakota: “Amid Backlash, Gov. Burgum Reimburses Xcel Energy $37,000 for Super Bowl Tickets” by John Hageman for Grand Forks Herald

Oklahoma: “New Lobbying Rule Gets Mixed Review from Lawmakers and Those Who Try to Influence Them” by Barbara Hoberock for Tulsa World

South Carolina: “Utility Watchdog Asks SCANA and Dominion How Much They Are Spending on Lobbying, Advertising” by Andrew Brown for Charleston Post and Courier

Redistricting

Pennsylvania: “Pa. GOP Proposes a New Congressional Map. Democrats Say It’s Still Gerrymandered” by Liz Navratil, Jonathan Tamari, and Jonathan Lai for Pittsburgh Post-Gazette

Today, the Federal Election Commission (FEC) published its price index adjustments for expenditure limitations and the federal lobbyist bundling disclosure threshold.

The lobbyist bundling disclosure threshold has increased for 2018 from $17,900 to $18,200. This threshold amount is adjusted annually.

Federal law requires authorized committees of federal candidates, leadership political action committees (PACs), and political party committees to disclose contributions bundled by lobbyists and lobbyists’ PACs.

Additionally, the FEC published its adjusted Coordinated Party Expenditure Limits for political parties for 2018.

On February 8, Rep. Bennie G. Thompson introduced a bill to establish a contractor review process with respect to disaster relief contracts valued at over $1 million.

The covered contracts are defined in the bill as contracts for goods and services awarded in response to a major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act and valued in an amount equal to or exceeding $1 million.

The reviews would be conducted by the administrator of the Federal Emergency Management Agency. After being introduced, the bill, House Resolution 4995, was referred to the House Committee on Transportation and Infrastructure.

Campaign Finance

Alaska: Group Picks Alaska to Challenge Unlimited Campaign Donations by Becky Bohrer (Associated Press) for Bristol Herald-Courier

Texas: Anti-Abortion Group Deletes State Senator’s Video After Questions of Legality Raised by Patrick Svitek and Jay Root for Texas Tribune

Ethics

California: California Legislative Staff Get Whistleblower Protections by Kathleen Ronayne (Associated Press) for KPCC

Canada: Ethics Czar Calls for Tougher Sanctions for Breaking Conflict of Interest Laws by Beatrice Britnoff for iPolitics.ca

Legislative Issues

Colorado: If You Can Pay $250, Colorado Lawmakers May Let You Skip Security at State Capitol by John Frank for Denver Post

Lobbying

Florida: Scott Maddox Never Registered as Waste Pro Lobbyist by Jeff Burlew for Tallahassee Democrat

North Dakota: Amid Backlash, Gov. Burgum Reimburses Xcel Energy $37,000 for Super Bowl Tickets by John Hageman for Grand Forks Herald

South Carolina: Utility Watchdog Asks SCANA and Dominion How Much They Are Spending on Lobbying, Advertising by Andrew Brown for Charleston Post and Courier

The Missouri Senate made changes to the lobbyist gift ban passed by the House last month. The bill must pass the Senate before returning to the House for debate.

The original version banned most gifts from lobbyists, while the Senate’s version allows officeholders to accept up to $40 of gifts per day. The amended bill would also allow officials to reimburse lobbyists for gifts exceeding $40 and permit lobbyists to cover a legislator’s constituent expenditures.

If a lawmaker accepts an event ticket from a lobbyist, however, the bill requires the lobbyist to attend the event with the lawmaker.

While the Senate’s version of the bill is less stringent than the House version, it is still considered a step towards ethics reform.

Current law permits elected officials to receive unlimited gifts of any value.

The fastest 2 and half minutes in campaign finance, ethics and lobbying news you’ll see this week!

The Seattle Ethics and Election Commission accused Facebook of not complying with a city political advertisement disclosure law.

The law requires companies selling political ads to disclose information about advertisement buys, including information on the exact nature and extent of such advertisements and names and addresses of purchasers.

Facebook provided records at the request of the Ethics and Election Commission, but those records were inadequate, according to the Ethics and Election Commission.

Facebook could be liable for up to $5,000 per violation.

2018 will bring lobbying laws to Prince Edward Island, the only remaining province in Canada without them.

Bill No. 24, the Lobbyist Registration Act, was passed during the Third Session of the 65th General Assembly of the Prince Edward Island Legislative Assembly and has already received Royal Assent. This Act will come into force on a date fixed by proclamation of the Lieutenant Governor in Council, which historically takes several months in order for the province to set up an Office of the Lobbyist Registrar.

Upon the Act coming into force, consultant lobbyists, in-house lobbyists, and employers of in-house lobbyists will be required to register with the Registrar when communicating with a public office holder, directly or through grassroots communications, in an attempt to influence them on a variety of issues.

Additionally, a consultant lobbyist will be required to register when communicating with a public-office holder to influence the awarding of any contract by or on behalf of the Crown or arrange a meeting between a public-office holder and any other person. Registrants will be required to file returns with this Registrar every six months detailing any relevant subject matters lobbied, including legislative and regulatory proposals, the techniques of communication the lobbyist has used or expects to use to lobby, the employer or client for which the registrant is lobbying, and the identification of entities or persons paying more than $750 per fiscal year to the registrant to lobby.

Lobbying on a contingency fee basis is prohibited for consultant lobbyists and former public office holders are prohibited from lobbying for a period of six months after leaving office. Penalties for violations of the Act include fines up to $25,000.

Canada’s three territories still do not have laws regulating lobbying.

On February 8, President Donald J. Trump announced his nomination of Emory A. Rounds III to be Director of the Office of Government Ethics (OGE). The position has been vacant since July 2017 when then Director Walter Shaub resigned after repeatedly questioning various possible conflicts of interests of President Trump and of members of the president’s White House staff.

Rounds is currently an associate counsel with the OGE and has been with the agency since 2009. Rounds was previously an ethics counsel on the White House Counsel’s staff for George W. Bush’s administration, served in the ethics office at the U.S. Department of Commerce, and served in the U.S. Navy Judge Advocate General’s Corps, according to the White House press release.

Rounds earned his J.D. at the University of Akron School of Law. The term of the appointment is five years.

On February 7, Commissioner Lee E. Goodman submitted his resignation from the Federal Election Commission (FEC) to the White House.

The effective date of his resignation is February 16.

Goodman, who joined the FEC in 2013 and was chairman in 2014, intends to practice law with the law firm Wiley Rein LLP in Washington, DC, according to an FEC press release.

On January 30, the Joint Commission on Public Ethics (JCOPE) submitted a Notice of Revised Rulemaking for Part 943, commonly referred to as Comprehensive Lobbying Regulations, to the New York Department of State. The revised rules include an online ethics training requirement for lobbyists.

Additionally, the revised rules provide further clarification regarding reportable expenses attributable to social media activities and grassroots lobbying.

New York’s rule making process requires an additional comment period once a Notice of Revised Rulemaking is filed and published in the New York State Register.

The new comment period expires on March 16, and the revised rules are available at http://www.jcope.ny.gov/advice/complobbyregulations.html.

Federal:

Hero or Hired Gun? How a British Former Spy Became a Flash Point in the Russia Investigation.
Washington Post – Tom Hamburger and Rosalind Helderman | Published: 2/6/2018

Former British spy Christopher Steele wrote memos that came to be known as the dossier and has become the central point of contention in the political brawl raging around the Russia inquiry by special counsel Robert Mueller. Some consider Steele to be a hero, a latter-day Paul Revere who, at personal risk, tried to provide an early warning about the Kremlin’s unprecedented meddling in a U.S. campaign. Those who distrust him say he is merely a hired gun leading a political attack on President Trump.  Steele himself struggled to navigate dual obligations – to his private clients, who were paying him to help Clinton win, and to a sense of public duty born of his previous life.

Trump Picks New Federal Ethics Chief
Politico – Josh Gerstein | Published: 2/7/2018

President Trump nominated a new director for the Office of Government Ethics (OGE), several months after the previous director, Walter Shaub, resigned over frustration with the administration. Trump nominated Emory Rounds, a current associate counsel at the OGE, to head the independent agency. Rounds previously served as an ethics attorney at the Commerce Department and in the Judge Advocate General’s Corps of the U.S. Navy.

White House Officials Knew About Porter’s Abuse Allegations and Scrambled to Protect Him
CNN – Kaitlin Collins, Kevin Liptak, and Dan Merica | Published: 2/8/2018

President Trump’s staff secretary, Rob Porter, resigned after his two ex-wives accused him of physical and emotional abuse, with one presenting pictures of her blackened eye. Porter was the gatekeeper to the Oval Office, determining which policy proposals reached the president’s hands and screening the briefing materials his visitors shared with him. Sources said the allegations against Porter had contributed to a delay in granting him a permanent security clearance. Aides had been aware generally of accusations against Porter since late last year, White House advisers said.

From the States and Municipalities:

Arizona – Arizona House Expels Yuma Rep. Don Shooter After Sexual-Harassment Findings
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 2/1/2018

The Arizona House voted to expel a Republican lawmaker after a report ordered by legislative leaders of his own party showed he engaged in a pattern of sexual harassment toward women. Rep. Don Shooter is believed to be the first state lawmaker in the U.S. to be voted out of his seat since the #MeToo movement against sexual misconduct began in the fall. Shooter was facing censure, House Speaker changed his mind after Shooter sent a letter to his colleagues asking that they delay the vote to consider whether there also are credible charges against Rep. Michelle Ugenti-Rita, who was the first to level harassment charges against Shooter.

California – Oakland Asks District Attorney to Investigate Alleged Bribes by Cannabis Lobbyist
East Bay Times – Darwin BondGraham | Published: 2/2/2018

A man who Oakland City Council President Larry Reid says tried to bribe him to help obtain a cannabis dispensary permit also allegedly offered two businessmen assistance in getting a dispensary license in exchange for bags of cash. Developer Dorian Gray tried in January to give Reid an envelope he said had $10,000 in it, Reid said. Gray then approached the city official who oversees Oakland’s cannabis permit office and offered him a free trip to Spain to tour cannabis lounges there. The matter has been referred to the to the Alameda County district attorney’s office. The city’s Public Ethics Commission has opened its own investigation.

District of Columbia – D.C. Council Approves Fair Elections Act
Washington Times – Julia Airey | Published: 2/6/2018

The District of Columbia Council gave final approval to legislation authorizing publicly financed campaigns, clashing with Mayor Muriel Bowser, who vowed she would not fund the program. The voluntary system would allow qualified candidates to receive a base sum that varies by office, with a maximum of $160,000 for the mayoral contest as well as a five-to-one match on small donations. Supporters say the program will open local politics to new candidates, increase the power of small donors, and reduce the influence of wealthy campaign contributors. But critics including Bowser say the program, estimated to cost city taxpayers $5?million a year, will waste precious funds.

Florida – FBI Lays Out Case for Bribery, Mail Fraud in Search Warrant
Tallahassee Democrat – Jeff Burlew | Published: 2/5/2018

An FBI search warrant lays out a “pay-to-play” scheme where Tallahassee City Commissioner Scott Maddox allegedly received tens of thousands of dollars in payments from clients seeking to do business with the city through his friend and business associate Paige Carter-Smith, owner of the lobbying firm Governance Services. Among the firm’s clients were Uber and FBI undercover agents posing as developers and a medical marijuana entrepreneur. The warrant says Maddox sold Governance Services to Carter-Smith between 2010 and 2012. After the sale, Maddox denied keeping an interest in the company, but continued his control of the firm and profited from its work.

Florida – Tallahassee Commission Adopts Broad New Ethics Rules
Tallahassee Democrat – Jeffrey Schweers | Published: 2/3/2018

The Tallahassee City Commission adopted an ethics reform ordinance that includes a ban on elected or appointed officials soliciting gifts from vendors, lobbyists, or tenants of city property, prohibits elected or appointed officials from accepting any gifts totaling over $100 in any calendar year, and a requires elected officials to file their financial disclosure forms and quarterly gift forms with the city treasurer-clerk. An ethics complaint filed at the same time with any law enforcement agency or the Florida Commission on Ethics will be put on hold until the other agency concludes its investigation.

North Carolina – Lobbyist Charged with Felonies After Investigation of Bail Bonds Advocacy
Raleigh News and Observer – Colin Campbell | Published: 2/7/2018

Raleigh attorney and lobbyist Mark Bibbs was indicted on 10 charges, including obstruction of justice, perjury, and lobbying without registering. Prosecutors said Bibbs lobbied legislators on behalf of a bail bonds company without properly registering and then lied under oath about his actions to the North Carolina secretary of state’s lobbying compliance investigators. Investigators spent months looking into Bibbs’ work in 2016 on behalf of NC Bail Academy, Rockford-Cohen Group, All American Bail Bonds, and Cannon Surety. A complaint about Bibbs’ activities was filed by Robert Brawley, a former state lawmaker who was a partner in the Cannon Surety business.

North Carolina – Supreme Court Temporarily Blocks Stanford Professor’s Election Districts for Wake and Mecklenburg
Raleigh News and Observer – Anne Blythe | Published: 2/6/2018

The U.S. Supreme Court partly granted a request from North Carolina Republicans to block a voting map drawn by a federal court. That court had interceded after finding a map drawn by state lawmakers for the General Assembly had relied too heavily on race and had violated state laws. The Supreme Court’s order, which was brief and gave no reasons, partly blocked that decision while the justices consider whether to hear an appeal in the case.

South Carolina – SC Special Prosecutor Wants to Toss Out Quinn’s Guilty Plea If He Won’t Admit Crime
The State – John Monk | Published: 2/5/2018

Special prosecutor David Pascoe said when former South Carolina Rep. Rick Quinn pleaded guilty to misconduct in office in December, he did so without actually admitting to any crime. Therefore, Pascoe in said in court filings, Quinn should revise his guilty plea. Pascoe wants him to make it clear he intended to commit a crime when he failed to report that a business he was associated with received nearly $30,000 from the University of South Carolina. Quinn’s crime was failure to disclose that payment, Pascoe says, adding it was legal for the business to take the university’s money.

Tennessee – Mayor Barry Recommended City Job for Daughter of Officer with Whom She Had Affair
The Tennessean – Anita Wadhwani | Published: 2/6/2018

Within months of taking office, Nashville Mayor Megan Barry recommended the adult daughter of the head of her security detail – the man with whom she later admitted to having an affair – be hired for a job in the city’s legal department. The daughter got the job. The position as an entry-level city attorney was the first newly created job in Nashville’s legal department in two years. It was not part of the existing budget. Barry approved the new job opening and no other candidate was considered. Ethics experts say that whether the mayor made the recommendation to hire the woman during her romantic relationship, or in its prelude, her involvement in a hiring decision may constitute a misuse of her office.

Virginia – Dozens of Virginia Churches Have Been Donating Cash to Campaigns for Years, Despite Law
The Virginian-Pilot – Bill Bartell | Published: 2/1/2018

For years, national Christian conservative activists have argued churches and other houses of worship should be allowed to endorse or donate money to candidates. Such support is prohibited if a religious organization wants to keep its tax-exempt status. But in Virginia, dozens of churches have been donating cash to campaigns for several years. Sen. Lionell Spruill Sr. received almost two-thirds of the $31,500 that churches have given to Virginia candidates in the past two decades. Spruill argues the checks were not campaign contributions – the churches were buying tickets for their members at a reduced price to his annual campaign fundraising dinner.

Washington – Seattle Says Facebook Is Violating City Campaign Finance Law
Reuters – David Ingram | Published: 2/6/2018

The Seattle Ethics and Elections Commission said Facebook has violated the city’s election advertising laws. It is the first attempt at regulatory action on internet companies over political ads on their platforms. The company could pay as much as $5,000 per ad in fines if it does not disclose information about campaign spending on its platform during last year’s city elections. The company has provided partial spending numbers, but not copies of ads or data about whom they targeted. The commission’s executive director, Wayne Barnett, said Facebook’s response “doesn’t come close to meeting their public obligation.”

West Virginia – Ethics Commission OKs Tourism Contract with Justice’s Greenbrier Resort
Charleston Gazette-Mail – Phil Kabler | Published: 2/1/2018

West Virginia Division of Tourism officials can partner with The Greenbrier resort in an advertising campaign after the state Ethics Commission granted the division a contract exemption. Tourism officials argued it would be an undue hardship if the state could not enter into an agreement with The Greenbrier as part of their new centralized advertising campaign. The contract exemption was needed to avoid potential conflicts-of-interest, since Gov. Jim Justice is primary owner of the resort, and as governor, has authority to hire or fire the state Secretary of Commerce and the Tourism commissioner. That effectively gives Justice direct authority over the proposed state contract with The Greenbrier, in violation of the ethics law.

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.

Campaign Finance

California: “Peskin Wants Big Political Donors to Disclose Investments” by Joshua Sabatini for San Francisco Examiner

District of Columbia: “D.C. Council Approves Fair Elections Act” by Julia Airey for Washington Times

Elections

National: “Hero or Hired Gun? How a British Former Spy Became a Flash Point in the Russia Investigation.” by Tom Hamburger and Rosalind Helderman for Washington Post

Ethics

Nebraska: “Is the Time Right for an Ethics Board in the Nebraska Legislature?” by Jo Anne Young for Lincoln Journal Star

New York: “State Senate’s New Sexual Harassment Policy Draws Criticism” by Rachel Silberstein for Gotham Gazette

Oregon: “Report Finds Kruse Groped Women at Oregon Capitol, Misbehavior Escalated after Warnings” by Gordon Friedman for Portland Oregonian

South Carolina: “S.C. House Ethics Committee Warns Legislators Don’t Use Campaign Cash to Defend Misconduct Allegations” by Seanna Adcox for Charleston Post and Courier

Tennessee: “Mayor Barry Recommended City Job for Daughter of Officer with Whom She Had Affair” by Anita Wadhwani for The Tennessean

Lobbying

California: “California Lobbyists Could Receive a Four-Year Ban for Sexual Harassment Under New Legislation” by John Myers for Los Angeles Times

Missouri: “Senators Propose Limiting Gifts from Lobbyists to $40 a Day” by Marshall Griffin for St. Louis Public Radio

Canada: “Democracy Watch Asks Court to Force Lobbying Commissioner to Investigate Aga Khan” by Elizabeth Thompson for CBC

Redistricting

North Carolina: “Supreme Court Temporarily Blocks Stanford Professor’s Election Districts for Wake and Mecklenburg” by Anne Blythe for Raleigh News and Observer