Campaign Finance

New York: Lawmaker’s business boosted by aide’s public campaign funds by Chris Bragg for The Albany Times Union

Ohio: Columbus City Council May Clear Up Campaign Finance Disclosure Requirements by Adora Namigadde for WOSU

Elections

Georgia: More elections scheduled for January to fill state Senate and House seats by Mark Niesse for The Atlanta Journal Constitution

Minnesota: Special elections set to replace departed Minnesota lawmakers accused of sexual harassment by Erin Golden for The Minneapolis Star Tribune

Ethics

Obama’s Ethics Chief: Trump Lawyer’s Claim The President Can’t Face Obstruction Charge is “Baloney” by Harriet Sinclair for Newsweek

Conyers Won’t Seek Re-election in Wake of Harassment Claims, Relative Says by Yamiche Alcindor for The New York Times

Manafort Associate Has Russian Intelligence Ties, Court Document Says by Kenneth Vogel for The New York Times

Massachusetts: Rosenberg steps down as ethics probe begins by Christian Wade for The Salem News

Lobbying

Former Podesta, BGR lobbyists start new firm by Theodoric Meyer for Politico

Procurement

Govt flags new IT hardware procurement marketplace by Leon Spencer for ARN

On December 1, Gov. Jim Justice called a special session to convene on December 4 to consider legislation to authorize the sale of state road bonds.

The special session coincides with the Legislature’s monthly interim meetings scheduled to begin on December 3 and conclude on December 5.

Pictured: West Virginia Governor Jim Justice

Campaign Finance

Trump Gives Rich Donors Massive Tax Cuts, Then Asks Them for Campaign Donations by Summer Meza for Newsweek

Wisconsin: Southern Door County joins push for campaign finance reform by Liz Welter for Green Bay Press-Gazette

Ethics

Bush ethics lawyer: Trump lawyer should be disbarred if he wrote Flynn firing tweet by Jacqueline Thomsen for The Hill

Ethics panel asks for details of past harassment cases against serving lawmakers by Cristina Marcos for The Hill

Georgia: Atlanta ethics office investigates airport conflict of interest issue by Kelly Yamanouchi for The Atlanta Journal-Constitution

Texas: Denton City Council to meet with ethics attorney by Peggy Heinkel-Wolfe for Denton Record-Chronicle

Texas: Laredo politicians undergo ethics training at TAMIU by Maria Salas for LMT Online

Lobbying

New Excise Tax Targets Big-Money Nonprofit Executives by Kate Ackley for Roll Call

Analysis: More than 6,000 lobbyists have worked on taxes in 2017 by Megan Wilson for The Hill

Becky recaps a CRAZY week in government and ethics news around the country!

On November 30, Prime Minister Justin Trudeau announced the nomination of Nancy Bélanger as the next Commissioner of Lobbying.

Bélanger, if approved by the House of Commons and the Senate, will replace Karen Shepherd as the head of The Office of the Commissioner of Lobbying. Shepard currently occupies the position through term extensions following the expiration of Shepard’s seven-year term in June 2016.

Bélanger’s has previously held the position of General Counsel for the Office of the Conflict of Interest and Ethics Commissioner.

In Louisiana, a pair of legislators and members of the Board of Ethics are leading an advisory committee to review and revise the state’s ethics laws.

The overarching goal is not to tighten requirements, but to address clarity and the ease of ethics reporting. On the list of things to be considered for revision are lobbyist reporting which is now done monthly but could be reduced to quarterly, and rules about accepting and reporting sponsored travel and gifts.

Gov. Bobby Jindal overhauled Louisiana’s ethics laws a decade ago, but the sentiment among lawmakers is that those changes were made not to promote transparency and enforcement, but rather to rate high on an ethics ranking system.

The advisory committee plans to make recommendations to the Legislature ahead of the 2018 regular session scheduled to convene in March.

On November 28, a court upheld the federal contribution limits set for primary and general elections. In Holmes v. Federal Election Commission, the U.S. Court of Appeals for the District of Columbia Circuit held the per-election structure of the Federal Election Campaign Act’s base contribution ceilings for individuals is constitutional.

Federal law allows individuals to contribute to a federal candidate in the amount of $2,600 per primary election and $2,600 per general election. The plaintiffs had argued individuals should be permitted to give $5,200 to candidates for a general election campaign by not making any contributions at all in a primary election and by carrying over the $2,600 they could have donated for that candidate’s primary election.

In its decision, the court wrote, “The question before us is whether Congress could choose a per-election format consistent with the First Amendment, not whether it had to do so. Congress’s choice in that regard was a constitutionally permissible one.”

The San Jose City Council voted unanimously to amend the city’s gift ordinance.

The new law struck the city’s exceptions for allowable gifts and incorporated the exceptions for allowable gifts under the state’s Political Reform Act while maintaining a $50 gift limit.

Under the new ordinance, tickets to certain events are no longer considered an exception to the gift rule. Instead, San Jose will follow a framework similar to the Political Reform Act.

San Jose will consider tickets to civic, cultural, or community functions as permissible gifts, so long as they do not exceed the $50 limit.

The ordinance is effective on December 8, 2017.

National:

Gerrymandering Opponents Turn to Ballot Initiatives to Redraw Lines
The Hill – Reid Wilson | Published: 11/28/2017

Advocates of radically overhauling partisan gerrymandering are increasingly looking to ballot initiatives to reform the redistricting process, in hopes of circumventing recalcitrant state Legislatures. Each initiative is unique to its own state, but all would strip the power to draw favorable district lines, the practice known as gerrymandering, from partisan lawmakers who zealously guard their ability to craft preferred terrain. Several national redistricting measures have been proposed in Congress, though none have gained traction.

Federal:

Foreign Lobbying Law Open to Exploitation
The Hill – Megan Wilson | Published: 11/28/2017

People who work for foreign government clients are subject to the Foreign Agents Registration Act (FARA), a World War II-era law. Requirements for FARA registration are broad, covering anyone who engages in lobbying or public relations for a foreign government-connected client. Communications with media, government officials and staff, and think tank experts must be disclosed every six months. But to a large extent, the foreign agent disclosure rules operate on what essentially amounts to an honor system. The FARA Unit in the National Security Division of the Justice Department is notoriously understaffed and underfunded despite being tasked with policing the hundreds of registrants who file, and those who do not.

Nevada Senator Wants to Close Tax Deduction Loophole for Lobbyists
Las Vegas Review-Journal – Gary Martin | Published: 11/28/2017

U.S. Sen. Catherine Cortez Masto plans to file legislation that would close a loophole used by corporate lobbyists influencing policy on the local level. Under the current tax code, lobbyists and businesses are prohibited from deducting their expenses when they try to sway federal and local lawmakers. But those expenses are deductible when lobbying tribal, county, or local governments. Cortez Masto said her bill would end taxpayer subsidies for special interests “and closes a loophole that gives unnecessary tax breaks for lobbyists.”

Voters Lose Protest of Campaign-Contribution Ceilings
Courthouse News Service – Daniel Staples | Published: 11/29/2017

In a case brought by a Florida couple, a federal appeals court rejected a challenge to a campaign finance law that places limits on contributions in primary and general elections. In a lawsuit against the FEC, Laura Holmes and Paul Jost did not challenge the overall $5,200 contribution limit, but said they should have been able to write $5,200 checks to their candidates for the general election instead of splitting the amount between contributions for the primary and general elections. But the U.S. Court of Appeals for the District of Columbia Circuit rejected the arguments.

From the States and Municipalities:

Alabama: A Woman Approached The Post with Dramatic – and False – Tale About Roy Moore. She Appears to Be Part of Undercover Sting Operation.
Washington Post – Shawn Boburg, Aaron Davis, and Alice Crites | Published: 11/27/2017

The conservative organization Project Veritas, appears to have been get caught trying to pass false sexual misconduct allegations against Senate candidate Roy Moore to The Washington Post, extending its history of deploying deceptive tactics to try to ensnare news organizations in controversy. The Post reported that a woman who falsely told its reporters she had been impregnated by Moore as a teenager was seen entering the offices of Project Veritas in New York, seemingly tipping the group’s hand in its efforts to bait the newspaper into publishing uncorroborated accusations against Moore.

California: Adelanto Councilman’s Bribery Case Latest in Long History of City Corruption
San Bernardino Sun – Joe Nelson | Published: 11/24/2017

The city of Adelanto has dealt with scandals involving elected officials, members of its police force, and even an animal control supervisor. The U.S. Justice Department recently indicted Councilperson Jermaine Wright on charges of receiving a $10,000 bribe and attempting to burn down his restaurant to collect on a $300,000 insurance policy. The city’s remoteness, high poverty rate, and lack of government oversight all likely factor into its checkered past, said Jack Pitney, a professor of government at Claremont McKenna College.

Connecticut: Campaign Finance Laws Changed in New Budget
Connectict Post – Ken Dixon | Published: 11/21/2017

Two provisions in the new state budget signed by Gov. Dannell Malloy may make it easier for those in wealthier districts to run for the Connecticut General Assembly while putting time constraints on election regulators whose staffs in recent years have been targeted for reductions. One new law raises individual contributions for legislative and top-of-the-ticket candidates to $250, instead of the $100 limit approved in the 2005 campaign finance law. Another change puts a one-year limit on State Election Enforcement Commission investigations.

Connecticut: Federal Judge Upholds Law Barring Ganim from Public Financing
Connecticut Mirror – Mark Pazniokas | Published: 11/29/2017

A federal judge dismissed Bridgeport Mayor Joseph Ganim’s challenge to a Connecticut law that prevents him, as a politician convicted of corruption while in office, of obtaining public campaign financing. U.S. District Court Judge Michael Shea rejected Ganim’s claim that the restriction violated his constitutional right to free speech by putting him at a disadvantage against gubernatorial opponents who qualify for millions of dollars in taxpayer money. Ganim was convicted in 2003 for his role in a scheme in which businesspeople paid millions of dollars for city contracts. He served more than seven years in prison. Upon his release, Ganim won a sixth term as Bridgeport’s mayor, a term he is still serving.

Idaho: Bill Would Revise Campaign-Finance Regulations
Idaho Mountain Express – Peter Jensen | Published: 11/29/2017

Idaho lawmakers will reconvene in January, and they will hear a proposal to increase the state’s disclosure requirements for candidates. It would require elected officials and candidates for state, county, and city offices to file disclosure forms that identify sources of income, investments, and properties. There are provisions that would include internet and social-media websites in the definition of electioneering communication. Donations in support of campaigns for lawmakers, judges, and city and county offices are capped at $1,000 for a primary election, and $1,000 for a general election. For statewide offices, that cap is raised to $5,000. A plan to extend lobbying disclosure requirements to local governments was rebuffed.

Indiana: Council OKs Bill Limiting Contributions
Fort Wayne Journal Gazette – Dave Gong | Published: 11/29/2017

The Fort Wayne City Council approved an ordinance that bars contractors from bidding on city projects if they contribute more than $2,000 a year to an elected official’s campaign. The proposal would inhibit any company or company employee who owns more than a seven-and-a-half percent stake, as well as their spouses and live-in children, from donating more than an aggregate $2,000 per calendar year to an elected city official’s re-election campaign. That means the limit during a typical four-year election cycle is $8,000. Mayor Tom Henry has expressed opposition to the proposal.

Massachusetts: Ethics Commission Investigating Altered State Police Report
Boston Globe – Andrea Estes | Published: 11/24/2017

The Massachusetts Ethics Commission is investigating why the former State Police colonel allowed the arrest report of a judge’s daughter to be altered. That scrubbed report led to the early retirements for the top two commanders of the State Police, as well as lawsuits filed by the two troopers who were asked to redact comments from the document. Anyone involved in changing the police report could face charges of violating the state conflict-of-interest law, which bars anyone from using an official position to get something for themselves or others that an ordinary person could not get.

New Mexico: Pearce Wins Court Order on Campaign Cash
Albuquerque Journal – Dan Boyd and Dan McKay | Published: 11/28/2017

U.S. Rep. Rep. Steve Pearce won access to $1 million he raised while in Congress to use in his run for New Mexico governor. A federal judge blocked enforcement of limitations on campaign transfers from Pearce’s federal campaign account to a state one. The preliminary injunction gave Pearce access to the campaign funds while underlying issues are litigated. The secretary of state’s office has said only $11,000 can be transferred by Pearce, based on a New Mexico law that limits campaign contributions to $5,500 in a primary election and again in the general election. Attorneys for Pearce contend Secretary of State Maggie Toulouse Oliver misinterpreted state law, effectively violating Pearce’s constitutional rights to free speech under the First Amendment.

New York: JCOPE Chair: Lobbying regulations will carry force of law
Albany Times Union – Chris Bragg | Published: 11/28/2017

The acting chairperson of the Joint Commission on Public Ethics (JCOPE) said “comprehensive lobbying regulations” crafted by its staff would indeed have the force and effect of law. The statement by Michael Rozen came after a hearing several weeks ago when JCOPE’s executive director, Seth Agata, had said a violation of the regulations “would not create a separate actionable violation of the law,” and were meant to “maximize guidance.”

Texas: What Do Clients Pay to Sway Austin City Council? Lobbyists Won’t Say.
Austin American-Statesman – Elizabeth Findell | Published: 11/29/2017

Regulations that took effect in June require lobbyists to disclose how much their clients are paying them to sway Austin officials, as they must report on the state and federal level. But at least 18 lobbyists who are also lawyers refused to complete the form on the grounds that their compensation is privileged attorney-client communication. The lobbyist reporting form asks for a ballpark range of payment. Their refusal to disclose compensation to City Hall appears to have been coordinated.

West Virginia: WV Chief Justice Has Court Employees Remove Missing Couch from His House
Charleston Gazette – Phil Kabler | Published: 11/28/2017

A day after The Charleston Gazette inquired about the whereabouts of a couch missing from West Virginia Supreme Court offices, Chief Justice Allen Loughry had court employees remove a leather couch from his home. Loughry said the couch was not state property and was purchased by late Justice Joe Albright, whose office Loughry took over when he was sworn in as a justice in December 2012. Loughry has been under fire for news reports regarding the Supreme Court spending $3.7 million to renovate offices, with expenses including a $32,000 couch and $7,500 floor medallion outlining the counties of the state in Loughry’s office.

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.

Lobbying

Nevada: “Nevada Senator Wants to Close Tax Deduction Loophole for Lobbyists” by Gary Martin for Las Vegas Review-Journal

New York: “JCOPE Chair: Lobbying regulations will carry force of law” by Chris Bragg for Albany Times Union

Campaign Finance

“Voters Lose Protest of Campaign-Contribution Ceilings” by Daniel Staples for Courthouse News Service

California: “San Francisco Eyes Stricter Reporting of Politician-Linked Donations” by Aaron Mendelson for KPCC

Indiana: “Council OKs Bill Limiting Contributions” by Dave Gong for Fort Wayne Journal Gazette

New Mexico: “Pearce Wins Court Order on Campaign Cash” by Dan Boyd and Dan McKay for Albuquerque Journal

Ethics

“Inside the White House, Michael Flynn Pushed Proposal from Company He Said He Had Advised” by Greg Jaffe, Carol Leonnig, Michael Kranish, and Tom Hamburger for Washington Post

“Conyers Scandal Highlights Divisions, Generational and Gender” by Yamiche Alcindor and Sheryl Gay Stolberg for New York Times

California: “California Legislature’s Handling of Sexual Harassment Complaints Blasted at Hearing” by Katy Murphy for San Jose Mercury News

Idaho: “Unanimous Idaho Legislative Panel Backs Financial Disclosure for All Candidates, Elected Officials” by Betsy Russell for Spokane Spokesman-Review

Michigan: “Michigan Political Culture Has a History of Sexual Harassment, Now Hopes for Change” by Emily Lawler for MLive.com

West Virginia: “WV Chief Justice Has Court Employees Remove Missing Couch from His House” by Phil Kabler for Charleston Gazette

Lobbying

Nevada: “Nevada Senator Wants to Close Tax Deduction Loophole for Lobbyists” by Gary Martin for Las Vegas Review-Journal

New York: “JCOPE Chair: Lobbying regulations will carry force of law” by Chris Bragg for Albany Times Union

Campaign Finance

“Voters Lose Protest of Campaign-Contribution Ceilings” by Daniel Staples for Courthouse News Service

California: “San Francisco Eyes Stricter Reporting of Politician-Linked Donations” by Aaron Mendelson for KPCC

Indiana: “Council OKs Bill Limiting Contributions” by Dave Gong for Fort Wayne Journal Gazette

New Mexico: “Pearce Wins Court Order on Campaign Cash” by Dan Boyd and Dan McKay for Albuquerque Journal

Ethics

“Inside the White House, Michael Flynn Pushed Proposal from Company He Said He Had Advised” by Greg Jaffe, Carol Leonnig, Michael Kranish, and Tom Hamburger for Washington Post

“Conyers Scandal Highlights Divisions, Generational and Gender” by Yamiche Alcindor and Sheryl Gay Stolberg for New York Times

California: “California Legislature’s Handling of Sexual Harassment Complaints Blasted at Hearing” by Katy Murphy for San Jose Mercury News

Idaho: “Unanimous Idaho Legislative Panel Backs Financial Disclosure for All Candidates, Elected Officials” by Betsy Russell for Spokane Spokesman-Review

Michigan: “Michigan Political Culture Has a History of Sexual Harassment, Now Hopes for Change” by Emily Lawler for MLive.com

West Virginia: “WV Chief Justice Has Court Employees Remove Missing Couch from His House” by Phil Kabler for Charleston Gazette

At its November 27 meeting, the San Francisco Ethics Commission gave final approval to recommend and transmit to the San Francisco Board of Supervisors its Anti-Corruption and Accountability Ordinance.

The ordinance would create or expand certain pay-to-play prohibitions on political contributions, institute new disclosure requirements, create local rules for reporting behested payments, and create new rules regarding conflicts of interest.

The Commission will transmit its recommendations to the Board of Supervisors, where at least eight votes will be required to adopt the proposal.

At its November 27 meeting, the San Francisco Ethics Commission gave final approval to recommend and transmit to the San Francisco Board of Supervisors its Anti-Corruption and Accountability Ordinance.

The ordinance would create or expand certain pay-to-play prohibitions on political contributions, institute new disclosure requirements, create local rules for reporting behested payments, and create new rules regarding conflicts of interest.

The Commission will transmit its recommendations to the Board of Supervisors, where at least eight votes will be required to adopt the proposal.

A bipartisan working group of lawmakers unanimously approved a proposed bill amending the state’s campaign finance laws.

Among the changes, the proposal would require year-round, monthly campaign finance reporting, prohibit PACs from accepting more than $1,000 from groups not registered and disclose the source of their funds, and increase potential fines from $250 to up to $25,000. Additionally, use of the internet and social media would be included in the definition of electioneering communications.

The bill will be introduced during the 2018 legislative session.

The group declined to take up the issue of raising the lobbyist registration fee, not wanting to jeopardize the bill’s success. Member’s stated raising the fee is a legitimate concern and should be examined during the session.

The current $10 per client fee has not increased since 1974, when the lobbying statute first became law.