On June 15, 2017, the New York City Campaign Finance Board approved rules to be effective on July 23, 2017.

Under the new rules, a candidate does not have to inquire whether a contributor is doing business with the city and prohibits matching public funds for contributions intermediated by individuals doing business with the city.

The final rules are available at http://www.nyccfb.info/pdf/CFB_Notice_of_Final_Rulemaking_6-15-17.pdf.

Sec. of State Maggie Toulouse is using her rulemaking authority over all persons, candidates, and committees covered by the Campaign Reporting Act by proposing a draft campaign finance rule.

Similar to Senate Bill 96, a bill vetoed by Gov. Susana Martinez after the 2017 regular session, the proposed rule requires groups spending more than $1,000 for political advertising to file a report detailing the expense and the name and address of each contributor of more than $200 in the previous 12 months earmarked or made in response to a solicitation. If passed, the rule will become effective October 3, 2017.

The notice and proposed rule are available at http://www.sos.state.nm.us/Elections_Data/notice-of-proposed-rulemaking.aspx.

Federal:

After the Shootings, Calls for Unity Amid Recriminations and Finger-Pointing
Washington Post – Dan Balz | Published: 6/14/2017

From President Trump to congressional leaders of both parties to ordinary citizens came calls for prayers for the victims of the shootings that left House Majority Whip Steve Scalise and four others wounded, praise for the Capitol Police officers who prevented an even worse tragedy and, above all, words of reconciliation and unity. But barely on the edges of those remarks was another round of recriminations and a renewed debate about what has brought the country to a point of such division, what is to blame for what happened on that baseball field, and what, if anything, can be done to lower temperatures for more than a few minutes.

D.C. and Maryland Sue President Trump, Alleging Breach of Constitutional Oath
Washington Post – Aaron Davis | Published: 6/12/2017

The attorneys general of Maryland and the District of Columbia filed a lawsuit alleging foreign payments to President Trump’s businesses violated the U.S. Constitution. Trump already faces a similar lawsuit, but the case from two state attorneys general could stand a better chance in court as the first government action over allegations Trump violated the Constitution’s so-called emoluments clause, which bars him from accepting gifts from foreign governments without congressional approval, by maintaining ownership over his business empire despite ceding day-to-day control to his sons. The complaint opens uncharted legal territory. No state has accused a president of violating the emoluments clauses of the Constitution.

Lobbyists’ Foreign Agent Filing Raises Questions
BuzzFeed.com – John Hudson | Published: 6/12/2017

Mercury Public Affairs – which was recently forced, alongside former Trump campaign manager Paul Manafort, to disclose lobbying on behalf of political interests in Ukraine – filed a disclosure in February on behalf of the Libertas Foundation. The filing lists a contract for $15,000 a month for work related to “Romania, Bulgaria, Macedonia, Serbia and Greece.” But the filing does not list a foreign agent, one of the key purposes of a Foreign Agents Registration Act disclosure. In the form’s entry for “Name of Foreign Principal” the filing only lists Libertas, which was incorporated in August, just one day before Mercury filed documents with Congress declaring the lobbying work. Normally that space would be filled by the name of a foreign government or entity, not a New York-based organization.

Special Counsel Starts Investigating Trump for Possible Obstruction of Justice, Officials Say
Washington Post – Devlin Barrett, Adam Entous, Ellen Nakashima, and Sari Horwitz | Published: 6/14/2017

What started as a probe of Russian interference of the 2016 election turned into a special counsel-led investigation of whether associated of Donald Trump colluded with Russia. Now the inquiry is reportedly examining whether Trump himself tried to obstruct justice. It was reported that the investigation led by special counsel Robert Mueller is seeking interviews with current and recently resigned top intelligence officials, including Director of National Intelligence Dan Coats and National Security Agency head Mike Rogers. Questions have been raised about whether Trump sought their help in squelching the FBI investigation led by James Comey, whom Trump fired. Coats and Rogers declined to answer questions about their interactions with the president on the Russia subject during a recent Senate hearing.

From the States and Municipalities:

Arizona – What Happens When One of Your Financial Backers Is Indicted?
Arizona Republic – Ronald Hanson and Yvonne Wingett Sanchez | Published: 6/9/2017

The recent indictment of four political figures has forced an unwelcome decision on the numerous elected officials in Arizona they have lavished with campaign contributions over the years: what to do with the cash? So far their responses vary. Gov. Doug Ducey plans to keep nearly $14,000 in donations from those charged in the federal indictment alleging bribery intended to influence the Arizona Corporation Commission. Even as the governor sees no reason to distance himself from the situation, other elected officials said they plan to unload the money to avoid any “taint” from the felony case.

Florida – It’s the End for the Miami Beach Mystery PAC – a Political Whodunit
Miami Herald – Nicholas Nehamas and Joey Flechas | Published: 6/10/2017

A political committee raising funds from special interests will shut down and return its money to donors after being linked to Miami Beach Commissioner Michael Grieco. Since January, Grieco, a candidate for mayor, has offered shifting stories to explain his connection to People for Better Leaders, a PAC that raised $200,000 from local vendors, lobbyists, and developers. Raising special-interest money for PACs is a controversial, and potentially illegal, campaign tactic in Miami Beach, which has stricter campaign finance and ethics laws than the rest of Miami-Dade County. A law passed in 2016 prevents candidates and elected officials, and those acting on their behalf, from soliciting vendors and lobbyists to donate to PACs.

Illinois – Ethics Board Finds Two More Lobbying Violations Tied to Emanuel Emails
Chicago Tribune – Bill Ruthhart | Published: 6/13/2017

The Chicago Board of Ethics found two individuals violated the law by seeking to influence City Hall action without registering as a lobbyist. The new violations come as the ethics board has seen a sharp increase in potential cases after a Chicago Tribune report found Mayor Rahm Emanuel’s personal email accounts have served as a private avenue for lobbyists, corporate executives, and campaign donors who sought action from – or access to – the mayor. The board has determined probable cause for at least 12 other possible lobbying violations, and its review of those cases is ongoing. While the ethics board will notify the two violators, it has yet to make a final determination on how much they will be fined.

Michigan – How Bingo Games Led to $500K Fine for Mich. Democratic Party
USA Today – Kathleen Gray (Detroit Free Press) | Published: 6/9/2017

The Michigan Democratic Party agreed to pay a $500,000 fine after the FEC concluded the party under-reported cash contributions at past bingo fundraisers by $4.4 million and violated several campaign finance laws. The party inaccurately reported approximately 12,500 contributions from the game-of-chance fundraisers, which it had operated over nearly 14 years but shut down three years ago. The civil fine is among the largest ever levied by the FEC.

New Mexico – Secretary of State Planning New Campaign Funding Rules
Albuquerque Journal – Dan Boyd | Published: 6/14/2017

New Mexico Secretary of State Maggie Toulouse Oliver is proposing changes to campaign finance reporting rules for candidates and committees designed to provide more detailed and accurate disclosures of political contributions. Toulouse Oliver published proposed rules that address contributions to political committees that both coordinate with candidates and operate independently. Three public hearings on the rules will be held during July at Albuquerque, Las Cruces, and Santa Fe. The draft rules follow in the footsteps of legislation vetoed by Gov. Susana Martinez that would have made more information available about unlimited independent political donations.

New York – Uber Reaches $98K Settlement Over Millions in Unreported Lobbying
Albany Times Union – Chris Bragg | Published: 6/8/2017

Uber was fined $98,000 by the New York State Joint Commission on Public Ethics for underreporting about $6.3 million in lobbying spending. The fine covers activities in 2015 and 2016 when Uber successfully battled New York City Mayor Bill de Blasio’s attempt to limit its service in the city and pushed to expand upstate. The settlement says most of the underreporting was due to an oversight by a compliance firm that Uber used. Uber has been one of the top spenders on lobbying in recent years as it fought to operate across the state.

Ohio – Ohio Lobbyists Fail to Report $55,000 in Legislative Gifts for First 4 Months of 2017
Cleveland Plain Dealer – Jane Morice | Published: 6/7/2017

Lobbyists in Ohio failed to report about $55,000 in gifts, meals, and beverages for lawmakers during the first four months of this year, said a report from the legislative inspector general. The office follows statehouse calendars, social media, reservations, and tips to keep track of lobbying activity and compares it to submitted reports, Inspector General Tony Bledsoe said. All meals and beverages of any cost and all gifts of more than $25 must be reported.

Oklahoma – Oklahoma Ethics Commission Hikes Fee $50 on All Filers
NonDoc.com – William Savage III | Published: 6/8/2017

The Oklahoma Ethics Commission has raised the fees it charges. State party committees, PACs, campaign committees, lobbyists, the principals who hire lobbyists, state agencies, and their legislative liaisons will all pay $50 more for filing annual registrations with the commission. The fee hike will take effect on July 1 and is expected to generate enough to cover the cost of new software.

Pennsylvania – Ex-Pa. Treasurer Pleads Guilty to Lying to the FBI
Philadelphia Inquirer – Angela Couloumbis | Published: 6/9/2017

Former Pennsylvania Treasurer Barbara Hafer pleaded guilty to lying to the FBI about whether an investment adviser funneled hundreds of thousands of dollars to her after she left office. The maximum possible sentence for the felony offense is five years and a $250,000 fine. Federal prosecutors said Hafer denied in 2016 that she received money from asset manager Richard Ireland shortly after her term as treasurer ended in early 2005. In fact, a company tied to him had funneled $675,000 to her new company, Hafer and Associates, between 2005 and 2007, prosecutors said. Hafer is the second ex-state treasurer in three years to plead guilty to federal charges.

Vermont – Scott Calls New Ethics Law a Step to Restore Trust in Government
VTDigger.org – Dan Schwartz | Published: 6/14/2017

Vermont Gov. Phil Scott has signed into law a bill establishing a state ethics commission. The measure creates a five-member panel that reviews cases of unethical behavior. The commission would then have the power to send cases to the state attorney general’s office. The law also requires lawmakers to disclose sources of income above $5,000. Before the bill became law, Vermont was among five states without an ethics commission or code of conduct in state law for public officials.

Wisconsin – Supreme Court Could Tackle Partisan Gerrymandering in Watershed Case
Washington Post – Robert Barnes | Published: 6/11/2017

The U.S. Supreme Court is being asked to uphold a lower court’s finding that the Wisconsin redistricting effort in 2011 was more than just extraordinary, it was unconstitutional. Such a conclusion would mark a watershed moment for the way American elections are conducted. The Supreme Court has regularly tossed out state electoral maps because they have been gerrymandered to reduce the influence of racial minorities by depressing the impact of their votes. But the justices have never found a plan unconstitutional because of partisan gerrymandering – when a majority party draws the state’s electoral districts to give such an advantage to its candidates that it dilutes the votes of those supporting the other party.

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.

Orange County’s Office of Campaign Finance and Ethics Commission is now open. In 2016, voters approved a measure to create the Campaign Finance and Ethics Commission to provide oversight of the county’s campaign finance, lobbyist, and ethics ordinances.

Denah Hoard was named as the Executive Director of the commission and the county is currently in the process of seeking commissioners.

All lobbyist registrations and updates must now be conducted through the commission. A new lobbyist registration portal is scheduled to go live June 16, 2017. The commission will send emails to current lobbyists with the link to the new website and directions to activate their accounts.

Further information can be found at www.ocgov.com/gov/ocethics/.

Gov. Phil Scott signed Senate Bill 8 today, approving the creation of a state code of ethics and a state ethics commission.

The five-member commission will review cases of unethical behavior and, if necessary, send the case to the attorney general. The bill also prohibits former lawmakers and executive officers from lobbying for one year after leaving office and prohibits businesses from entering into certain contracts with state offices where they have made campaign contributions.

The new revolving door provision takes effect on July 1, 2017 and the contractor contribution restrictions take effect on December 16, 2018.

Gov. Mary Fallin ordered a special election for Oklahoma Senate District 37.

Sen. Dan Newberry resigned in June to seek a promotion in his professional career; his resignation is effective January 31, 2018.

A special primary election is scheduled for September 12 with a general election to follow on November 14.

If a special primary is not necessary, the special general will be held on September 12.

Campaign Finance

Missouri: “Questions Mount on List of Charity Donors at Center of Greitens Ethics Fine” by Jason Hancock for Kansas City Star

New Mexico: “Secretary of State Planning New Campaign Funding Rules” by Dan Boyd for Albuquerque Journal

Elections

Virginia: “Northam Wins Democratic Gubernatorial Primary in Virginia” by Gregory Schneider for Washington Post

Ethics

“Special Counsel Starts Investigating Trump for Possible Obstruction of Justice, Officials Say” by Devlin Barrett, Adam Entous, Ellen Nakashima, and Sari Horwitz for Washington Post

“After the Shootings, Calls for Unity Amid Recriminations and Finger-Pointing” by Dan Balz for Washington Post

“Democrats in Congress to Sue Trump Over Foreign Business Dealings” by Sharon LaFraniere for New York Times

Maryland: “Baltimore County Council Bills Target Public Meetings, Ethics, Developer Contributions” by Pamela Wood for Baltimore Sun

Vermont: “Scott Calls New Ethics Law a Step to Restore Trust in Government” by Dan Schwartz for VTDigger.org

West Virginia: “Union’s Organizing Restricted Days After Calling for WV DHHR Chief’s Ouster” by Jake Zuckerman for Charleston Gazette

Lobbying

“Seizing on Opioid Crisis, a Drug Maker Lobbies Hard for Its Product” by Abby Goodnough and Kate Zernike for New York Times

Illinois: “Ethics Board Finds Two More Lobbying Violations Tied to Emanuel Emails” by Bill Ruthhart for Chicago Tribune

Kentucky: “State Senator Says Judges Ruling Against Kentucky’s Strict Legislative Ethics Code a Victory for Free Speech” by Don Weber for Spectrum News

Ethics

“Jeff Sessions Testifies: Refuses to say whether he spoke to Trump about Comey’s handling of Russia investigation” by Sari Horwitz, Devlin Barrett, and Matt Zapotosky for Washington Post

“Religious Liberals Sat Out of Politics for 40 Years. Now They Want in the Game.” by Laurie Goodstein for New York Times

“COVFEFE Act Would Make Social Media a Presidential Record” by Joe Uchill for The Hill

Arizona: “Now Under Indictment, Gary Pierce Was Known for Unpopular Decisions as Utility Regulator” by Ryan Randazzo for Arizona Republic

Florida: “No Charges Filed in Mysterious Autism Charity Case” by Monique Madan for Miami Herald

Montana: “Anger Management but No Jail in Gianforte Body-Slam Saga” by Bobby Caina Calvan and Amy Beth Hanson (Associated Press) for KWWL

Oregon: “Oregon Bill Will Set Public Records Deadlines” by Hillary Borrud for Portland Oregonian

Elections

“Russian Cyber Hacks on U.S. Electoral System Far Wider Than Previously Known” by Michael Riley and Jordan Robertson for Bloomberg.com

Legislative Issues

“Senate Republicans Back Off Proposed Restrictions on Media” by Alexander Bolton for The Hill

South Carolina: “Lack of Guidance from South Carolina Lawmakers on Lieutenant Governor’s Role Clouds Start of 2018 Elections” by Maya Prabhu for Charleston Post and Courier

The Hawaii Campaign Spending Commission’s electronic filing systems will be offline for system maintenance from June 20, 2017, to June 22, 2017.

During this time, new candidate and noncandidate committees will not be able to register electronically. Existing committees will not be able to enter campaign spending data or electronically file disclosure reports.

Currently registered noncandidate committees will also not be able to import contribution and expenditure data into the NCFS Import System.

Lobbying

“Lobbyists’ Foreign Agent Filing Raises Questions” by John Hudson for BuzzFeed.com

Campaign Finance

Arizona: “What Happens When One of Your Financial Backers Is Indicted?” by Ronald Hansen and Yvonne Wingett Sanchez for Arizona Republic

Florida: “It’s the End for the Miami Beach Mystery PAC – a Political Whodunit” by Nicholas Nehamas and Joey Flechas for Miami Herald

Michigan: “How Bingo Games Led to $500K Fine for Mich. Democratic Party” by Kathleen Gray (Detroit Free Press) for USA Today

New Mexico: “Audit Reveals Questionable Campaign Spending” by Dan Boyd for Albuquerque Journal

Ethics

“Role of Trump’s Personal Lawyer Blurs Public and Private Lines” by Rebecca Ruiz and Sharon LaFraniere for New York Times

“D.C. and Maryland Sue President Trump, Alleging Breach of Constitutional Oath” by Aaron Davis for Washington Post

Idaho: “Idaho Legislature to Re-Examine Ethics, Campaign Finance Laws” by Betsy Russell for Spokane Spokesman-Review

Oklahoma: “Oklahoma Ethics Commission Hikes Fee $50 on All Filers” by William Savage III for NonDoc.com

Redistricting

“Supreme Court Could Tackle Partisan Gerrymandering in Watershed Case” by Robert Barnes for Washington Post

The Kansas Legislature adjourned the 2017 regular session on June 10, 2017. The session went 13 days beyond the scheduled 100 days, but lawmakers finally approved a two-year budget.

Lead by a group of moderate Republicans and Democrats, a $1.2 billion tax increase will reverse spending cuts spearheaded by Gov. Sam Brownback in 2012. Many on both sides of the aisle believe these cuts failed to kick-start the state’s economy as promised.

Lawmakers could be called into a special session in July, however, if a funding formula for public schools does not satisfy the state’s supreme court.

On June 8, the Legislative Assembly of Nunavut adjourned for the summer.

Legislation considered by lawmakers this session included amendments to the Legal Profession Act, the Access to Information and Protection of Privacy Act, and the Inuit Language Protection Act.

The Assembly is scheduled to reconvene on September 12 and to adjourn on September 19.

Puerto Ricans went to the polls Sunday to vote on whether Puerto Rico should become America’s 51^st state. Voters chose between remaining a commonwealth, becoming a state, or gaining sovereignty with an official affiliation with the United States.

Critics viewed the election as flawed, arguing the ballot language was skewed to favor the pro-statehood New Progressive Party. Ninety-seven percent of ballots cast were in favor of statehood.

However, on an island averaging roughly 80 percent voter turnout, only 23 percent of registered voters participated in Sunday’s election.

Nevertheless, Gov. Ricardo Rosselló plans to take the referendum results to Washington, D.C. and speak with Congress, the White House, and various agencies regarding admitting Puerto Rico to the union.

James Yates and Marvin Ray Raskin have been appointed to the Joint Commission of Public Ethics (JCOPE).

Yates previously served the state Supreme Court and served as counsel to ex-Assembly Speaker Sheldon Silver. Raskin has served as the president of the Bronx County Bar Association and is a former assistant district attorney.

There are 14 members of JCOPE and each member serves a five-year term.