Gov. Tom Wolf announced a special election for the 18^th U.S. House District will be held on March 13, 2018, in order to fill the remainder of Rep. Tim Murphy’s term.

There is no special primary election, so each party will select a candidate to run in the special election.

Rep. Murphy resigned last week after it was revealed he had an affair with a married woman and urged her to get an abortion.

This week the 9^th U.S. Circuit Court of Appeals reinstated Montana’s voter-approved political contribution limits effective immediately. The limits were ruled unconstitutional in 2016 by a federal district judge in Helena and replaced with contributions limits in place in mid-1990’s.

The 9^th U.S. Circuit Court found the contribution limits in question to be “both justified and adequately tailored to the state’s interest in combating quid pro quo corruption or its appearance.”

The initial lawsuit brought in 2011 claimed the campaign finance laws burdened speech and association. The plaintiffs have already announced their plan to appeal this week’s 2-judge majority decision stating there is no evidence campaign contributions have influenced voting by state lawmakers.

Individual contributions to a gubernatorial candidate have been reduced by about $600 while the limit for what a political action committee can give will now be $660 per election, down from $10,610 per election cycle.

Lobbying

“Mueller Now Investigating Democratic Lobbyist Tony Podesta” by Tom Winter and Julia Ainsley for NBC News

Campaign Finance

“Democrats Ban Some Corporate Donations While Approving Controversial New Member List” by David Weigel for Washington Post

California: “Feds Toss Jury Convictions Against Azano’s Son, Agree to Misdemeanor” by Kristina Davis and Greg Moran for San Diego Union Tribune

Montana: “Donors Once Again Much More Limited in Contributions to Montana Candidates” by Amy Beth Hanson for Helena Independent Record

Ethics

“Cub Scout Is Exiled After Pressing Legislator on Guns and Race” by Christine Hauser for New York Times

Florida: “He Paid His Ethics Fine in Pennies. Now Hialeah’s Mayor Investigates the Ethics Board.” by Douglas Hanks for Miami Herald

New York: “Former Top Assembly Ethics Official: Position a ‘waste of money’” by Chris Bragg for Albany Times Union

Pennsylvania: “Sexual Harassment Inside the Pa. Capitol? It Exists and ‘Needs to Stop,’ Lobbyist Says” by Jan Murphy for PennLive.com

Elections

“Hopes Dim for Congressional Russia Inquiries as Parties Clash” by Nicholas Fandos for New York Times

Contributions by federal contractors to federal independent expenditure-only political action committees, also known as super PACs, may violate the federal pay-to-play prohibition.

On September 25, 2017, the Federal Election Commission (FEC) entered into a Conciliation Agreement with a federal contractor after finding the contractor had violated pay-to-play prohibitions by making contributions to a federal independent expenditure-only political action committee.

The FEC fined the contractor, Suffolk Construction Company, $34,000 for making two $100,000 contributions in 2015 to Priorities USA Action, a super PAC supporting then presidential candidate Hillary Clinton. Because the matter was resolved by agreement between the FEC and the contractor, there was no challenge made to the FEC’s fine.

A special election to fill a vacancy in the American Samoa House of Representatives will be held on Tuesday October 24, 2017.

Puleleliite Tufele Liamatua Jr. resigned over the summer to become the executive director of the American Samoa Telecommunications Authority.

Voters will cast ballots to fill the District No. 5, Sua 1 seat of the 21-person body.

On Tuesday, October 31, State and Federal Communications is hosting its Eighth Annual Halloween Donut and Apple Cider Sale. All sales will go directly to the United Way of Summit County.

Drop in and say hello from 8:30 to 11:00 a.m. and enjoy a delicious treat. We’ll be in the lobby of 80 South Summit St. in Downtown Akron, across from Quaker Square.

The Krispy Kreme regular and chocolate donuts are $1.00 per donut or $7.00 per dozen. The apple cider will be $1.00 per cup or $8.00 per gallon.

To reserve your donuts, you can email Joe May at jmay@stateandfed.com, or call us at 330-761-9960.

Lobbying

“RT Bucks DOJ Request to Register as a Foreign Agent” by Hadas Gold for CNN Money

Virginia: “Ed Gillespie’s Lobbying Career Included Work for Firms with Vast Interests in Virginia” by Beth Reinhardt for Washington Post

Campaign Finance

“Lawmakers Unveil Bill to Thwart Russian Election Ads on Social Media” by Ashley Gold and Nancy Scola for Politico

New York: “No Public Financing, but ‘Comp Time’ Gives Public Help for Campaigns: Tax Watch” by David McKay Wilson for The Journal News

Texas: “Lawmakers Accept $1.5 Million While Passing Governor’s Agenda” by Andrew McLemore for Texas Monitor

Ethics

Alabama: “Charity’s Promised Back Pay to Roy Moore Was Not Reported to IRS As Income” by Robert O’Harrow Jr. and Shawn Boburg for Washington Post

California: “Campaign Grows Against Sexual Harassment at California Capitol” by Taryn Luna and Alexei Koseff for Sacramento Bee

South Carolina: “Clients Leaving South Carolina Political Consultant Indicted in Statehouse Corruption Probe” by Andy Shain for Charleston Post and Courier

Wisconsin: “Wisconsin Lawmaker’s Tweets About Roofing Company Raise Ethics Questions” by Keegan Kyle for Appleton Post-Crescent

On October 19, two bipartisan bills allowing increased monitoring of online political advertising were introduced in the U.S. Congress. Companion bills House Resolution 4077, The Honest Ads Act, and Senate Bill 1989 direct the Federal Election Commission to enact rules for online advertisements similar to currents rules for television and radio. Larger digital platforms would be required to make available to the public requests to run political advertisements costing more than $500.

The bills were introduced by U.S. Representatives Derek Kilmer and Mike Coffman and Senators Amy Klobuchar, Mark Warner, and John McCain in response to “revelations that a Russian company purchased upwards of 3,000 political advertisements on Facebook in an effort to influence the 2016 Presidential election,” according to a press release by Kilmer.

“Our bipartisan bill makes sure our laws are as up to date as the latest technology, and makes it harder for foreign actors to use the internet to attack our democracy,” Kilmer said in his press release.

Time for your weekly recap of the government and ethics news you can use in this week’s video digest!

The Austin Financial Services Department is proposing drastic changes to the city’s anti-lobbying and procurement ordinance.

The proposed changes shorten the no contact period during a bid solicitation and allow the purchasing officer to consider mitigating factors when determining if a violation has occurred. The recommendations also abbreviate, clarify, and consolidate what communications and representations are permitted and prohibited during the solicitation process.

Comments and suggestions for additional proposed changes are still being accepted.

This comes after city council voted to suspend the anti-lobbying and procurement ordinance for individuals seeking waste management contracts after they struggled to find and agree upon suitable contractors.

City Council met this week to discuss the proposed changes and postponed taking action until November 9, 2017.

Gov. Jerry Brown has signed four bills into law – three amending the Political Reform Act and one amending post employment restrictions.

Assembly Bill 867 states behested payments are not contributions and recasts the provisions defining the term “contribution.”

Senate Bill 45 prohibits sending mass mailings within the 60 days before an election by or on behalf of a candidate on the ballot.

Senate Bill 226 requires slate mailer organizations to disclose on any mailing whether the organization represents public safety personnel.

Assembly Bill 1620 extends the time frame a member of the Legislature can lobby after resignation from one year after leaving office to one year after the adjournment sine die of the session in which the resignation occurred.

National:

Wary of Hackers, States Move to Upgrade Voting Systems
New York Times – Michael Wines | Published: 10/14/2017

State election officials, worried about the integrity of their voting systems, are pressing to make them more secure ahead of next year’s midterm elections. Reacting in large part to Russian efforts to hack the presidential election last year, a growing number of states are upgrading electoral databases and voting machines, and even adding cybersecurity experts to their election teams. The efforts amount to the largest overhaul of the nation’s voting infrastructure since the contested presidential election in 2000 spelled an end to punch-card ballots and voting machines with mechanical levers.

Federal:

Republican Lawmakers’ Posh Hideaway Bankrolled by Secret Corporate Cash
Center for Public Integrity – Carrie Levine | Published: 10/18/2017

Behind the scenes at the Republican National Convention in Cleveland, several major corporations and trade groups secretly bankrolled a plush hideaway for lawmakers. The companies funded Friends of the House 2016 LLC, which in turn paid for the design and outfitting of an exclusive office, lounge, and gathering space for legislators, and controlled access to the so-called cloakroom. That effectively hid the corporations’ donations from public view. National political conventions are legendary opportunities for access to lawmakers, despite ethics reforms passed in the wake of influence peddling scandals. Complex rules govern even the details of events, such as food menus, but often turn on technical points, forcing lawyers to double-check legal advice every four years.

From the States and Municipalities:

California: Female Lawmakers, Staffers and Lobbyists Speak Out on ‘Pervasive’ Harassment in California’s Capitol
Los Angeles Times – Melanie Mason | Published: 10/17/2017

More than 140 women – including state legislators, staff, political consultants, and lobbyists – are signing a letter calling out the “pervasive” culture of sexual harassment and mistreatment that plagues California politics. Their goal is to prompt changes in how harassment is handled and to force some soul-searching among those at the Capitol. Sexism is not exclusive to politics, but it can be particularly potent, many of the letter’s participants said, because of an imbalanced dynamic in which lawmakers and top lobbyists – predominantly men – hold much of the decision-making power.

Idaho: Idaho Lawmakers Reject Removal of Campaign Donation Limits; Call for More Reporting, Disclosure
Spokane Spokesman-Review – Betsy Russell | Published: 10/18/2017

A bipartisan working group of Idaho lawmakers rejected a proposal to eliminate all the state’s limits on campaign contributions, and instead endorsed changes to require more frequent and more detailed disclosures, including adding new reporting in local races and requiring information about who is behind shadowy outside groups that run independent expenditure campaigns. The panel also received a draft bill to give Idaho its first-ever financial disclosure requirements for officeholders and candidates; Idaho is one of just two states with no such requirements.

Kansas: Olathe GOP Lawmaker Takes on Additional Job: Senior government strategist with Cerner
Kansas City Star – Hunter Woodall | Published: 10/18/2017

Kansas Rep. Erin Davis has taken a job with the Cerner Corp. as a senior government strategist while still holding elected office. She said she did not see her Cerner job as a conflict-of-interest. “My territory is [the] Northwest United States. … Kansas is not part of my territory,” Davis said. The Kansas Department of Health and Environment currently has a contract with Cerner that runs through the end of 2019 to administer the state employee health plan wellness program.

Louisiana: As Quatrevaux Leaves New Orleans IG’s Office, Turmoil and Infighting Abound: ‘It’s vindictive’
New Orleans Advocate – Jessica Williams | Published: 10/17/2017

New Orleans; inspector general for the past eight years, Ed Quatrevaux, is retiring under duress after the board that oversees his work announced a national search for a replacement and after a report written by Howard Schwartz, a top deputy, alleged mismanagement and even corruption within the office. A second top deputy who was targeted in the report, Nadiene Van Dyke, is also expected to retire. On his way out, Quatrevaux fired Schwartz, accusing him of bias and a conflict-of-interest, essentially saying Schwartz had written the report to line up the top job for himself. Given the bitterness of the infighting, there is a range of opinions about how to restore the luster to an office whose efficacy largely depends on its reputation for integrity.

Maine: Lawmakers Call York County Casino Campaign a ‘Case Study’ in Abuse of Initiative Process
Portland Press Herald – Scott Thistle | Published: 10/18/2017

The ballot question that asks Maine voters to allow a developer to build a casino in the state is the “poster child” for a citizen’s referendum process run amok, members of the Legislature’s Government Oversight Committee said. Sen. Roger Katz said the casino campaign violates the intent of the referendum process, a part of the Maine Constitution meant to give citizens a way to enact laws through a statewide vote if their elected representatives fail to respond to public concerns. He said the committee would explore ideas at its next meeting for reforming the initiative process.

Maryland: Ex-Liquor Board Director Admits Tipping Off Those in Bribery Scheme to FBI Probe
Washington Post – Lynh Bui | Published: 10/18/2017

A former Prince George’s County liquor board official pleaded guilty to conspiracy, bribery, and obstruction of justice. Prosecutors say David Dae Sok Son acted as a middle man between liquor store owners and elected officials to influence state legislation related to Sunday liquor sales. When the FBI questioned Son in December, he then tried to tip off people being investigated about the probe, prosecutors said. Son also told a restaurant manager in Beltsville who had agreed to pay a $50,000 bribe for a liquor license that the authorities were investigating the manager. That manager subsequently left the country.

Massachusetts: Massachusetts’ Top Court to Rule on Union Campaign Donation Loophole
New Boston Post – Evan Lips | Published: 10/12/2017

A conservative fiscal watchdog that has spent the last several years trying to overturn Massachusetts’ ban on campaign donations from business owners announced its case will be decided by the state’s top court. The Massachusetts Fiscal Alliance began challenging the state’s union donation loophole in court in 2015. State campaign finance law allows labor groups, even those based out of state, to flood Massachusetts political campaigns with donations of up to $15,000. In-state businesses, however, are barred from paying anything to prop up candidates. Donations from individuals, meanwhile, are capped at $1,000.

New Jersey: N.J. Elections: Political fundraising laws must be updated, watchdog commission says
Bergen Record – Catherine Carrera | Published: 10/18/2017

In what the state Election Law Enforcement Commission (ELEC) says is an indication that campaign donors are sidestepping New Jersey’s “pay-to-play” laws, fundraising by party-based committees is down for the 2017 election cycle when compared with 2013, the last time the governor’s seat and full Legislature were up for grabs. That has led to calls from the ELEC to update the laws regarding political donations, particularly those that apply to special-interest groups that are loosely affiliated with a party. Those PACs are not subject to current laws that require full disclosure.

New York: Vance Controversy Spotlights Lax Campaign Finance Rules for District Attorneys
Gotham Gazette – Rachel Silberstein | Published: 10/16/2017

Manhattan District Attorney Cyrus Vance Jr. was recently dragged into an unflattering spotlight over his decision not to prosecute disgraced movie producer Harvey Weinstein for a forcible touching incident in 2015 and for dropping a fraud investigation into members of the Trump family, while apparently receiving campaign contributions from lawyers associated with both parties. While it is not illegal, or uncommon, for district attorneys to accept contributions from lawyers in any type of practice, the details of the two cases, including the relevant campaign donations, are drawing newfound scrutiny to New York’s loose campaign finance rules for prosecutors and invite a new strain of questions about whether legal immunity can be bought by the rich and powerful.

Ohio: All State Senators Will Undergo Sexual Harassment Training, Senate President Says
Cleveland Plain Dealer – Laura Hancock | Published: 10/18/2017

Ohio Senate President Larry Obhof said all senators will be required undergo sexual harassment training in the wake of Sen. Cliff Hite’s resignation for inappropriate behavior toward a woman. Hite said he talked to a female state employee in a way that was inappropriate for a married man and asked her for hugs. He said there was no physical contact beyond that. Obhof also said he does not think the Senate has a widespread problem with sexual harassment. He said the training, for both Republicans and Democrats and their staffs in the Senate, is intended to eliminate any ambiguity over what is and is not appropriate.

Pennsylvania: Philly PAC Hit with Record Fine for Failing to Report $160,000 in Campaign Spending
WHYY – Dana DiFilippo | Published: 10/16/2017

A PAC faces a $60,000 fine for failing to file required campaign finance reports for money it spent to sway voters in Philadelphia’s May 2015 primary. Three city council members paid thousands of dollars to Citizens Organizing for Pennsylvania’s Security to help influence voters. So did developer Ori Feibush, who sent the PAC more than $65,000 during his failed bid to for the council. Those payments were legal and the campaigns filed the necessary reports. But how the PAC spent the money has remained a mystery, since it did not file campaign finance reports, as city law requires.

South Carolina: Criminal Conspiracy Charges Lodged against Richard Quinn, 4 Others in S.C. Statehouse Corruption Case
Charleston Post and Courier – Glenn Smith and Andy Shain | Published: 10/18/2017

Political consultant Richard Quinn, along with former state Reps. Jim Harrison and Tracy Edge, were indicted in a corruption scheme that has now ensnared half a dozen South Carolina lawmakers. In addition, Rep. Rick Quinn, the elder Quinn’s son, was charged with criminal conspiracy. Sen. John Courson was charged with statutory misconduct in office. Both Rep. Quinn and Courson already faced other misconduct charges. Richard Quinn has been a clear target of the probe for months but the consultant had largely remained on the sidelines as others around him were indicted. The newest developments bring him front and center in the criminal case while looping in present and former lawmakers with ties to a firm with tentacles throughout state government.

Tennessee: Michael Flynn, Nicki Minaj Shared Content from This Tennessee GOP Account. But It Wasn’t Real. It Was Russian.
Washington Post – Craig Timberg, Elizabeth Dwoskin, and Adam Entous | Published: 10/18/2017

Russian internet trolls ran a popular Twitter account that claimed to belong to the Tennessee Republican Party. Twitter took nearly a year to shut down the account, @TEN_GOP, despite repeated notifications from the state’s real Republican Party pointing out the account was fake. The account had a knack for pushing incendiary content across the social media platform. The list of prominent people who tweeted out links from the account includes political figures such as Michael Flynn and Roger Stone, celebrities like Nicki Minaj and James Woods, and media personalities such as Ann Coulter and Chris Hayes. There is no evidence any of them knew the account was run by Russians.

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.

State Sen. Sean Tindell resigned earlier this week to be sworn in as a judge for the Mississippi Court of Appeals.

Gov. Phil Bryant announced a special election on December 19 to fill the vacated District 49 seat.

A runoff election will occur on January 9, 2018, if no candidate receives a majority of the vote.

Gov. Jim Justice announced Tuesday evening legislators had completed their special session and passed six bills.

The special session was called after West Virginia voters overwhelmingly voted in favor of a road bond levy.

Bills passed include increasing civil penalties for contractors who do not hire at least 75 percent of their workforce from West Virginia, allowing the sharing of certain information between the West Virginia Division of Highways and West Virginia Tax Commissioner, and exempting military pensions from the state’s personal income tax.