August 21, 2017 •
State Government and Ethics News Will Return!
We’re taking a short break. Don’t worry, all your state government and ethics news from LobbyComply Will Return! Thank you for being a loyal reader. We’ll see you soon!
We’re taking a short break. Don’t worry, all your state government and ethics news from LobbyComply Will Return! Thank you for being a loyal reader. We’ll see you soon!
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August 18, 2017 •
Oklahoma Governor Considering Special Legislative Session
Oklahoma Gov. Mary Fallin wants a special legislative session to address a budget shortfall caused by a recent Oklahoma Supreme Court Ruling. The Court struck down a cigarette fee resulting in $215 million in lost revenue. If the budget is […]
Oklahoma Gov. Mary Fallin wants a special legislative session to address a budget shortfall caused by a recent Oklahoma Supreme Court Ruling. The Court struck down a cigarette fee resulting in $215 million in lost revenue.
If the budget is not reappropriated, the ruling will force four state agencies to restructure their budgets due to loss of funds. Money cannot be transferred to the affected agencies without a legislative directive.
Though a special session is likely inevitable, legislative leadership has suggested the governor wait to call a session because there are other revenue-related court cases still pending.
August 18, 2017 •
New FINRA Pay-to-Play Rules Effective August 20
On August 20, new pay-to-play regulations of the Financial Industry Regulatory Authority (FINRA) take effect. FINRA Rule 2030 restricts contributions made to an official of a government entity being provided investment advisory services or being engaged to provide investment advisory […]
On August 20, new pay-to-play regulations of the Financial Industry Regulatory Authority (FINRA) take effect. FINRA Rule 2030 restricts contributions made to an official of a government entity being provided investment advisory services or being engaged to provide investment advisory services by certain parties.
The rule applies to broker-dealers, placement agents, and covered associates acting on behalf of certain regulated investment advisors or soliciting a government entity to invest in certain pooled investment vehicles.
The restrictions also prohibit soliciting a political action committee to make contributions or doing anything indirectly that, if done directly, would result in a violation of the rules. Another rule effective on the same date is FINRA Rule 4580, which mandates certain record-keeping requirements concerning related contributions.
August 18, 2017 •
NYCU Video Digest – August 18, 2017
Don’t miss the weekly recap from Becky Campbell on government, elections and ethics news you can use in this weeks video digest!
Don’t miss the weekly recap from Becky Campbell on government, elections and ethics news you can use in this weeks video digest!
August 18, 2017 •
News You Can Use Digest – August 18, 2017
Federal: In Ukraine, a Malware Expert Who Could Blow the Whistle on Russian Hacking New York Times – Andrew Kramer and Andrew Higgins | Published: 8/15/2017 A hacker known as Profexer wrote computer code alone in an apartment and sold […]
Federal:
In Ukraine, a Malware Expert Who Could Blow the Whistle on Russian Hacking
New York Times – Andrew Kramer and Andrew Higgins | Published: 8/15/2017
A hacker known as Profexer wrote computer code alone in an apartment and sold his handiwork on the anonymous portion of the internet known as the Dark Web. Profexer’s posts, already accessible only to a small band of fellow hackers and cybercriminals looking for software tips, blinked out in January, just days after American intelligence agencies publicly identified a program he had written as one tool used in the hacking of the Democratic National Committee. But while Profexer’s online persona vanished, a flesh-and-blood person has emerged: a fearful man who the Ukrainian police said turned himself in early this year, and has now become a witness for the FBI.
Inside the Elizabeth Warren Merchandising Empire
Politico – Lauren Dezenski | Published: 8/13/2017
Elizabeth Warren is not just a progressive icon, she is a merchandising industry unto herself. The U.S. senator and presidential prospect is at the center of a sprawling business built around her appeal to liberals across the country, a reminder of the devotion she inspires on the left and the footprint she will cast in the 2020 Democratic primary. Warren’s campaign store has expanded beyond traditional political fare such as buttons, bumper stickers, tote bags, and T-shirts to offer a line of products that capitalize on the “Nevertheless, she persisted” meme spawned by Senate Majority Leader Mitch McConnell’s much-publicized admonishment of Warren on the Senate floor earlier this year.
Justice Dept. Demands Data on Visitors to Anti-Trump Website, Sparking Fight
New York Times – Charlie Savage | Published: 8/15/2017
The Department of Justice has requested information on visitors to a website used to organize protests against President Trump. Dreamhost, a web hosting provider, claimed that complying with the request would amount to handing over roughly 1.3 million visitor IP addresses to the government, in addition to contact information, email content, and photos of thousands of visitors to the website, which was involved in organizing protests against Trump on Inauguration Day. “hat information could be used to identify any individuals who used this site to exercise and express political speech protected under the Constitution’ First Amendment,”DreamHost wrote in a blog post.
Revocation of Grants to Help Fight Hate Under New Scrutiny After Charlottesville
New York Times – Ron Nixon and Eileen Sullivan | Published: 8/15/2017
A grant awarded by the Obama administration to an organization dedicated to combating right-wing domestic extremists was rescinded by the Trump administration. After the violent clash in Charlottesville, the move to pull back the money from an organization dedicated to helping people leave hate groups is receiving renewed scrutiny. The decision to rescind the grant highlights the different approach between Donald Trump and Barack Obama over whether Muslim extremists or white supremacist groups pose a greater domestic threat. Organizations that received funding from the Trump administration work almost exclusively on programs to deal with terrorist threats from Islamic extremists, even as research shows white supremacist groups have been linked to most domestic terrorist attacks in recent years.
From the States and Municipalities:
Alabama: Alabama Ethics Commission Punts on Lobbyist Opinion
Montgomery Advertiser – Brian Lyman | Published: 8/16/2017
The Alabama Ethics Commission voted to table a staff opinion that would have specifically classified site consultants as lobbyists under state law. State Secretary of Commerce Greg Canfield argued the opinion could imperil what he characterized as “confidential” negotiations for various economic development projects. “If companies considering multiple states to relocate existing operations were to have to disclose themselves publicly to the state, would they … consider Alabama when they have other states to consider where their confidentiality will be protected?” Canfield asked.
California: Hundreds of Dollars in ‘Gifts’ from Contractors to Supervisor Nelson Raise Legal Questions
Voice of OC – Nick Gerda | Published: 8/16/2017
Orange County Supervisor Shawn Nelson received more than $700 worth of wine and cigars from two contractors after he voted to award them county contracts, and his handling of the items may be a way around the county’s gift ban. Nelson used campaign funds to reimburse the lobbying firm Potomac Partners for $539 worth of wine, and Kevin McCarthy for $169 worth of cigars. Nelson said his approach is legal because he repaid the contractors, and the wine and cigars are not for his personal use, but rather for “officeholder” purposes. “Nobody anticipated that some guy that was doing business with the county could bring in an unsolicited gift, and then you just pay for it [with campaign funds the contractor contributed to] and it’s no longer a gift,” said Shirley Grindle, who helped write the county’s gift ban.
District of Columbia: ACLU Sues Washington, D.C., Transit System for Removing Milo Yiannopoulos Ads
Los Angeles Times – Matt Pearce | Published: 8/10/2017
The American Civil Liberties Union (ACLU) is suing the Washington Metropolitan Area Transit Authority for pulling or rejecting controversial ads, which the organization claims violates freedom of speech. In the lawsuit, the ACLU is representing a wide range of plaintiffs, including an abortion provider, People for the Ethical Treatment of Animals, and conservative firebrand Milo Yiannopoulos. One of the rejected ads featured the text of the First Amendment in English, Spanish, and Arabic, which the group proposed after President Trump escalated his feud with the media earlier this year. The authority rejected the ad on the grounds it “intended to influence members of the public regarding an issue on which there are varying opinions” or “intended to influence public policy.”
Florida: FBI Agents Went Undercover in Florida’s Capital for the ‘Biggest Investigation in Years’
USA Today – Sean Rossman | Published: 8/14/2017
Mike Miller was a developer willing to spend millions of dollars to revitalize downtown Tallahassee as the capital city longed to rebrand itself. But Miller was not what he appeared to be. After spending nearly two years infiltrating the ranks of up-and-coming entrepreneurs and wooing the town’s politicians, he vanished – until early this summer, when a pair of FBI subpoenas were served on City Hall. Miller, it turned out, was no ordinary developer. He was an undercover FBI agent, the lynchpin in an elaborate scheme to ferret out public corruption – a multi-year investigation of local politicians, their friends, and millions of dollars in taxpayer redevelopment money.
Illinois: Lobbyist Registrations Surge After Fines Tied to Emanuel Emails
Chicago Sun-Times – Fran Spielman | Published: 8/16/2017
An “all-time record” of 759 lobbyists are now registered with the Chicago Board of Ethics, a 27 percent increase over the last year, according to Steve Berlin, the board’s executive director. Board of Ethics Chairperson William Conlon noted the registration surge coincided with the agency’s decision to come down hard on those who lobby Mayor Rahm Emanuel through the mayor’s private emails, but fail either to register as lobbyists or report the activity. “So much is being made public that it is now very hard to hide in the gray area,” said Cindi Canary, founder of the Illinois Campaign for Political Reform.
Louisiana: Conflict of Interest or Educational Opportunity? La. Legislators Have Benefited from $73K-Worth of Free Travel Since 2016
New Orleans Advocate – Elizabeth Crisp | Published: 8/12/2017
State lawmakers in Louisiana accepted complimentary hotel stays, travel, and conference admissions valued at more than $73,000 combined since January 2016. The trips, which do not face the same caps that limit gifts from lobbyists, are reflected in signed affidavits that lawmakers must file with the state Board of Ethics within 60 days of traveling for free to conferences and seminars or to give speeches to sponsoring groups. Some watchdogs question whether special interests use the trips as a way to win face time and curry favor with lawmakers often at beach-side locales or in major cities; legislators generally defend them as taxpayer-money saving educational opportunities.
Oklahoma: State Ethics Rules Often Hide Sources of Lobbyists’ Gifts, Meals
Oklahoma Watch – Trevor Brown | Published: 8/13/2017
A review of thousands of gifts and meal purchases made during the first six months of 2017 found it is impossible to confirm through records who was bankrolling efforts to influence policymakers for a quarter of the record-setting $485,000 that lobbyists spent on state officials and legislators. That is because Oklahoma, unlike dozens of other states, does not require lobbyists to reveal what bill or topic they are discussing when they buy a meal for a state official. Lobbyists also do not have to list what client they are representing when they buy a meal or a gift.
Oregon: Oregon Judge to Decide If Political Spending Limits Are Legal
Portland Oregonian – Gordon Friedman | Published: 8/15/2017
Oregon is one of six states with no limits on campaign donations and spending. State law also allows individuals and groups to pay for political ads without disclosing they are the source. Multnomah County voters overwhelmingly approved new limits on political contributions last year. Now Multnomah County Circuit Judge Eric Bloch will begin the process of determining whether the measure is constitutional. Bloch promised to provide as a ruling “as quickly as I possibly can.” That is expected to be before September 1, when the new campaign spending limits take effect. Bloch said his decision will likely not be the final one, given that both sides have indicated their openness to appeals.
South Carolina: Emails: South Carolina AG coordinated with key figure in statehouse probe on letter booting special prosecutor off case
Charleston Post and Courier – Glenn Smith | Published: 8/5/2017
Legal observers criticized South Carolina Attorney General Alan Wilson for sharing confidential information and for seeking advice concerning a potential criminal investigation with one of the subjects of that probe. They said Wilson should not have asked his longtime political consultant and friend Richard Quinn Sr. in October 2014 to help edit a letter that would have informed independent prosecutor David Pascoe that he would play no further role in any future prosecutions stemming from an investigation into statehouse corruption. The exchange came as Pascoe prepared to dig deeper into a State Law Enforcement Division report detailing alleged misdeeds by sitting lawmakers. Named in that document were Quinn and his son, state Rep. Rick Quinn, who was also identified as a potential target of the probe.
Texas: Federal Court Invalidates Part of Texas Congressional Map
Texas Tribune – Alexa Ura and Jim Malewitz | Published: 8/15/2017
A federal court invalidated two congressional districts in Texas, ruling they violated racial discrimination prohibitions. The three-judge panel’s unanimous decision could lead to a battle to redraw the districts in time for the 2018 elections. The court ordered the Texas attorney general’s office to indicate whether the state Legislature would take up redistricting to fix those violations. Otherwise, the state and its legal foes will head back to court on September 5 to begin re-drawing the congressional map.
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.
August 17, 2017 •
FPPC Votes to Change Recall Election Campaign Finance Rule
On August 17, the Fair Political Practices Commission (FPPC) voted to reverse a longstanding rule that limited how much money politicians and their committees can give to a candidate-controlled recall committee. The 2002 FPPC opinion that was reversed by today’s […]
On August 17, the Fair Political Practices Commission (FPPC) voted to reverse a longstanding rule that limited how much money politicians and their committees can give to a candidate-controlled recall committee.
The 2002 FPPC opinion that was reversed by today’s vote limited politician contributions to candidate-controlled recall committees to $4,400.
The rule change now allows politicians to give unlimited amounts of money to help fight the recall of Democratic Senator Josh Newman.
Chair Jodi Remke was the only dissenting commissioner in the 3-1 final vote.
August 17, 2017 •
Thursday’s Government and Ethics News
Lobbying Alabama: “Alabama Ethics Commission Punts on Lobbyist Opinion” by Brian Lyman for Montgomery Advertiser Maine: “State Employees Union Could Drop ‘Fair Share’ Fees in Exchange For 6 Percent Raise” by Mal Leary for Maine Public Radio Campaign Finance Montana: […]
Lobbying
Alabama: “Alabama Ethics Commission Punts on Lobbyist Opinion” by Brian Lyman for Montgomery Advertiser
Maine: “State Employees Union Could Drop ‘Fair Share’ Fees in Exchange For 6 Percent Raise” by Mal Leary for Maine Public Radio
Campaign Finance
Montana: “Former State Legislator Jailed After Refusing to Pay Fine in Political Corruption Case” by Tom Lutey for Billings Gazette
Oregon: “Oregon Judge to Decide If Political Spending Limits Are Legal” by Gordon Friedman for Portland Oregonian
Ethics
“Revocation of Grants to Help Fight Hate Under New Scrutiny After Charlottesville” by Ron Nixon and Eileen Sullivan for New York Times
California: “Hundreds of Dollars in ‘Gifts’ from Contractors to Supervisor Nelson Raise Legal Questions” by Nick Gerda for Voice of OC
Pennsylvania: “State Rep. Marc Gergely Pleads Guilty to Corruption Charges” by Kate Giammarise and Liz Navratil for Pittsburgh Post-Gazette
Elections
“In Ukraine, a Malware Expert Who Could Blow the Whistle on Russian Hacking” by Andrew Kramer and Andrew Higgins for New York Times
“Roy Moore and Luther Strange Head for G.O.P. Runoff in Alabama Senate Race” by Jonathan Martin and Alan Blinder for New York Times
Redistricting
Texas: “Federal Court Invalidates Part of Texas Congressional Map” by Alexa Ura and Jim Malewitz for Texas Tribune
August 16, 2017 •
Anaheim, CA Adopts Lobbyist Registration and Reporting Ordinance
On August 15, the Anaheim City Council adopted an ethics and lobbying ordinance. The ordinance imposes a two-year revolving door restriction and requires lobbyist registration and quarterly reporting. The ordinance will go into effect 30 days after passage on September […]
On August 15, the Anaheim City Council adopted an ethics and lobbying ordinance.
The ordinance imposes a two-year revolving door restriction and requires lobbyist registration and quarterly reporting. The ordinance will go into effect 30 days after passage on September 14.
City Council is also expected to consider additional amendments to broaden the new ordinance in 90 days.
August 16, 2017 •
Texas Special Session Adjourns Sine Die
The Texas Legislature ended its special legislative session abruptly Tuesday night without a resolution on Gov. Greg Abbott’s top priority of property tax reform. The House adjourned earlier in the day leaving the Senate to accept their version of the […]
The Texas Legislature ended its special legislative session abruptly Tuesday night without a resolution on Gov. Greg Abbott’s top priority of property tax reform.
The House adjourned earlier in the day leaving the Senate to accept their version of the property tax reform bill or not pass one. The Senate did not accept the House version and the session ended without fanfare.
Some Senators are calling for Gov. Abbott to call a second special session solely for the issue.
About half of the session’s 20-item agenda was accomplished, including the passage of several sunset bills.
August 16, 2017 •
Republicans to Hold Runoff Election in Alabama
Appointed U.S. Senator Luther Strange and former Alabama Supreme Court Chief Justice Roy Moore will be going head-to-head on September 26 because neither candidate received more than 50 percent of the vote in the first round of the Republican primary […]
Appointed U.S. Senator Luther Strange and former Alabama Supreme Court Chief Justice Roy Moore will be going head-to-head on September 26 because neither candidate received more than 50 percent of the vote in the first round of the Republican primary election.
President Trump and establishment Republicans have lined up behind Strange, but Moore has wide appeal among religious conservatives across the Yellowhammer State.
The winner of the runoff election will face Democrat Doug Jones, a former U.S. Attorney who coasted to victory in the first round, on December 12.
August 16, 2017 •
Wednesday’s Government and Ethics News
Campaign Finance California: “John Chiang Helped Award Millions in Tax Breaks to His Developer Donors” by Christopher Cadelago for Sacramento Bee Ethics “Trump Defends Initial Remarks on Charlottesville; Again Blames ‘Both Sides’” by Michael Shear and Maggie Haberman for New […]
Campaign Finance
California: “John Chiang Helped Award Millions in Tax Breaks to His Developer Donors” by Christopher Cadelago for Sacramento Bee
Ethics
“Trump Defends Initial Remarks on Charlottesville; Again Blames ‘Both Sides’” by Michael Shear and Maggie Haberman for New York Times
“After Charlottesville, Trump Retweets – Then Deletes – Image of Train Running Over CNN Reporter” by David Nakamura and Aaron Davis for Washington Post
“New on This Fall’s Law School Syllabus: Trump” by Adam Liptak for New York Times
“Tech Firm Is Fighting a Federal Order for Data on Visitors to an Anti-Trump Website” by Ellen Nakashima for Washington Post
“FBI Agents Went Undercover in Florida’s Capital for the ‘Biggest Investigation in Years’” by Sean Rossman for USA Today
Oregon: “Campaign to Taint Courtroom Foe Costs Saxton Post at OHA” by Jeff Manning for Portland Oregonian
Elections
“Trump Campaign Emails Show Aide’s Repeated Efforts to Set Up Russia Meetings” by Tom Hamburger, Carol Leonnig, and Rosalind Helderman for Washington Post
Redistricting
North Carolina: “Redistricting Criteria Call for Partisan Maps, No Consideration of Race” by Travis Fain and Laura Leslie for WRAL
August 15, 2017 •
Saskatchewan September Special Election to Fill Vacant MLA Seat
On August 11, Saskatchewan Premier Brad Wall called a special election to fill the vacancy left by the resignation of Member of the Legislative Assembly (MLA) Jennifer Campeau. MLA Campeau resigned in June from the Legislative Assembly to work for […]
On August 11, Saskatchewan Premier Brad Wall called a special election to fill the vacancy left by the resignation of Member of the Legislative Assembly (MLA) Jennifer Campeau.
MLA Campeau resigned in June from the Legislative Assembly to work for Rio Tinto, a mining company in British Columbia.
The riding of Saskatoon Fairview will be held on September 7.
August 15, 2017 •
Tuesday’s State Government and Ethics News
Lobbying Louisiana: “Conflict of Interest or Educational Opportunity? La. Legislators Have Benefited from $73K-Worth of Free Travel Since 2016” by Elizabeth Crisp for New Orleans Advocate Oklahoma: “State Ethics Rules Often Hide Sources of Lobbyists’ Gifts, Meals” by Trevor Brown […]
Lobbying
Louisiana: “Conflict of Interest or Educational Opportunity? La. Legislators Have Benefited from $73K-Worth of Free Travel Since 2016” by Elizabeth Crisp for New Orleans Advocate
Oklahoma: “State Ethics Rules Often Hide Sources of Lobbyists’ Gifts, Meals” by Trevor Brown for Oklahoma Watch
Campaign Finance
California: “Voting Rights Group Fined for Not Disclosing Union Support for Ballot Measures” by David Garrick for San Diego Union Tribune
Tennessee: “Election Registry Advises Tennessee Lawmakers Not to Use Campaign Funds for Living Expenses” by Jordan Buie for The Tennessean
Ethics
“How a Conservative TV Giant Is Ridding Itself of Regulation” by Cecilia Kang, Eric Lipton, and Sydney Ember for New York Times
“Mueller Is Said to Seek Interviews with West Wing in Russia Case” by Michael Schmidt, Matt Apuzzo, and Maggie Haberman for New York Times
New York: “Dan Squadron Fought the LLC Loophole and the Loophole Won” by Rachel Silberstein for Gotham Gazette
Elections
“Inside the Elizabeth Warren Merchandising Empire” by Lauren Dezenski for Politico
August 14, 2017 •
Saskatchewan Premier Brad Wall to Leave Politics
In a video posted on YouTube, Saskatchewan Premier Brad Wall announced he is retiring from politics. Wall will be leaving his office once the conservative Saskatchewan party, which controls the Legislative Assembly, selects a new leader. In the video, posted […]
In a video posted on YouTube, Saskatchewan Premier Brad Wall announced he is retiring from politics.
Wall will be leaving his office once the conservative Saskatchewan party, which controls the Legislative Assembly, selects a new leader.
In the video, posted on August 10 and entitled “Thank you, Saskatchewan,” Wall said, “Saskatchewan needs renewal: a fresh perspective in leadership.”
View the video below:
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