See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!

Federal:

DOJ Renews Promise of Action on Lobbying Law Compliance
Bloomberg BNA – Kenneth Doyle | Published: 4/5/2017

The Government Accountability Office’s (GAO) annual report on Lobbyist Disclosure Act (LDA) compliance noted the Justice Department expects to take action on four “chronic offenders” of the law. The report said House and Senate officials in charge of administering the LDA have referred thousands of cases of noncompliance, but the U.S. attorney’s office has been able to resolve only about half of these cases through letters and other contacts seeking compliance. The GAO said officials believe many of those who fail to file disclosure reports are no longer lobbying. But more than 1,300 referrals regarding failure to file lobbying reports remained unresolved last year. Meanwhile, another 700 referrals for failing to file required reports on lobbyists’ political contributions also remained unresolved.

Ethics Panel Opens Investigation into Nunes
The Hill – Cristina Marcos and Katie Bo Williams | Published: 4/6/2017

House Intelligence Committee Chairperson Devin Nunes (R-Calif.) temporarily recused himself from all matters related to the panel’s ongoing probe into Russia’s interference in the presidential election. The House ethics committee released a statement saying it would investigate allegations that “Nunes may have made unauthorized disclosures of classified information, in violation of House rules, law, regulations, or other standards of conduct.” Nunes has come under fire for going to the White House grounds to meet with a secret source and view documents he said suggest President Trump and his transition team members’ identities may have been improperly revealed in reports on surveillance of foreign targets.

Former Trump Staffers Hunt for Foreign Lobbying Work
Politico – Theodoric Mayer, Kenneth Vogel, and Josh Dawsey | Published: 4/3/2017

Some of President Donald Trump’s former campaign hands are rushing to sign lucrative deals with foreign clients, shrugging off their own pledges to avoid foreign lobbying and the president’s vow to “drain the swamp.” Former Trump campaign manager Corey Lewandowski’s firm is one a handful of upstarts looking to undercut the lobbying giants that for years dominated the market for foreign lobbying work in Washington. They are betting their experience on Trump’s campaign and relationships with former colleagues now in his administration can woo foreign governments away from more established rivals.

Trump Can Quietly Draw Money from Trust Whenever He Wants, New Documents Show
Washington Post – Drew Harwell | Published: 4/3/2017

The trust agreement that Donald Trump used to put his adult sons in charge of his company allows him to draw money from it upon his request, illustrating the thin divide between the president and his private fortune. Trump and his attorneys have pointed to the Donald J. Trump Revocable Trust as a response to widespread worries from ethics lawyers, who have said the president’s refusal to divest ownership of his company creates the potential that he can derive personal profit from his public office. Trump’s trust is not “blind” because he knows how his assets are performing, has close relationships with both trustees, can make money off the trust’s financial interests, and can revoke the trust at any time.

From the States and Municipalities:

Alabama – Ethics Commission Finds Probable Cause Against Gov. Robert Bentley
AL.com – Mike Cason | Published: 4/5/2017

Gov. Robert Bentley could face criminal prosecution after the Alabama Ethics Commission found probable cause he broke ethics and campaign finance laws in a sex-tinged scandal that has engulfed him for over a year. The commission voted to refer four issues to the Montgomery County district attorney’s office, which will decide whether to pursue charges. The commission found probable cause to believe Bentley had misused state resources and campaign funds, improperly accepted a campaign donation outside of an allowed fundraising window, and lent himself campaign money when he was not a candidate. Bentley has been under scrutiny since recordings surfaced last year of him making suggestive remarks to a female aide before his divorce.

Arizona – Arizona Secretary of State’s Website to Track Political Spending Triples in Cost
Arizona Republic – Mary Jo Pitzl | Published: 3/29/2017

It was a key talking point of her 2014 campaign for secretary of state: Michele Reagan would build a website to allow the public to track the money spent in political campaigns, from the governor’s office down to the smallest town-council race. But the much-touted See the Money website has yet to materialize, despite a nearly $500,000 investment, a now-completed contract with an outside firm, and a string of promised due dates. Reagan said she is moving the project in-house and is determined to have it online by January.

Colorado – A Dark Money Lawsuit, a Colorful Cast of Characters, and Colorado’s Citizen Campaign Finance Cop
Colorado Independent – Corey Hutchins | Published: 4/4/2017

The best drama in Colorado politics is not occurring at the Capitol, but in a courtroom.  The characters in the dispute are half the intrigue. At issue is the question of whether it is legal for someone to set up a nonprofit to shield donors from disclosure even when that nonprofit works almost exclusively, through an affiliated entity, on campaigns for or against candidates. In Colorado, anyone who lodges a complaint about a suspected campaign finance violation has to prove his or her own case against an alleged violator in a courtroom setting. It is a system its critics say discourages average citizens from bringing complaints against powerful people or well-funded groups.

Florida – Hillsborough Commissioners Add Themselves to New Lobbying Ordinance
SaintPetersBlog.com – Mitch Perry (Florida Politics) | Published: 4/5/2017

Registered lobbyists can no longer text or email Hillsborough County commissioners during meetings. Lobbyists who violate the new ordinance can be punished with a ban of up to a year, though it would take four violations to reach that. Commissioners that violate the ban and do not report communications sent to them during meeting will be punished with a $250 fine on the first offense and $500 on the second. If a third violation occurs, the Florida Commission on Ethics will be notified.

Kansas – These High School Journalists Investigated a New Principal’s Credentials. Days Later, She Resigned.
Washington Post – Samantha Schmidt | Published: 4/5/2017

A group of reporters and editors from the student newspaper, the Booster Redux at Pittsburg High School in Kansas, had gathered to talk about Amy Robertson, who was hired as the high school’s head principal on March 6. The student journalists had begun researching Robertson, and quickly found some discrepancies in her education credentials. When they researched Corllins University, the private university where Robertson said she got her master’s and doctorate degrees, the website did not work. They found no evidence it was an accredited university. The students began digging into a weeks-long investigation that would result in an article questioning the legitimacy of the principal’s degrees and of her work as an education consultant. Robertson resigned four days later.

Maine – Lying-to-Legislature Bill Narrowed to Apply to Lobbyists Only
Portland Press Herald – Kevin Miller | Published: 4/3/2017

A legislative committee voted in favor of a bill to make it a crime for lobbyists to lie to Maine lawmakers after narrowing a bill to exclude the public, and themselves. Maine is one of nine states that have no laws against providing false information in committee. Fifteen states plus the District of Columbia prohibit lobbyists from providing false testimony, and some states require speakers to take an oath before testifying in committee.

North Carolina – Lawmakers Revive Plan for Combined State Elections, Ethics Board
WRAL – Matthew Burns | Published: 4/4/2017

House Republicans would prefer changing a law struck down by a three-judge panel related to overseeing North Carolina elections instead of extending a court fight with new Gov. Roy Cooper. A new measure approved by the Elections Committee would rework an eight-member state panel overseeing both elections and ethics rules the judges threw out as unconstitutional and give more control over the board to Cooper. The revised bill would still merge the elections and ethics boards, but the governor would be able to appoint all members from nominations made by the state Republican and Democratic parties. The board would be split evenly between the two parties.

Pennsylvania – Have Bribery, Fraud and Abuse of Power Become Synonymous with ‘Pennsylvania’?
PennLive.com – Jan Murphy | Published: 3/30/2017

Pennsylvanians have witnessed scores of corruption cases involving state officials from both sides of the political aisle and all three state governmental branches. Whether it is on a per-capita basis or simply the sheer number of high-profile corruption cases in recent years, Muhlenberg College political scientist Chris Borick said it is obvious that “something is pretty wrong in our political system in terms of corruption.” Some blame it on lax rules that do not hold government officials accountable or lawmakers’ failure to enact reform laws such as a ban on gifts or limits on campaign contributions. Though watchdogs continue to seek such reforms, little progress has been made in the Legislature.

Tennessee – Analysis: Possible double dipping at Tennessee statehouse
The Tennessean – Dave Boucher and Joel Ebert | Published: 3/31/2017

A review of campaign finance reports filed in 2016 by all 131 current Tennessee lawmakers found state representatives and senators spent $189,700 combined in campaign money on expenses that may have been paid for by state funds. But lawmakers are not required to report specific dates and locations of smaller purchases that are typically less than $100. That makes it unclear how many of those expenses also may have been reimbursed by the state, providing the opportunity to obscure double dipping or other financial abuse.

Tennessee – Nashville’s Private Club with a PAC
The Tennessean – Joel Ebert and Dave Boucher | Published: 4/2/2017

Many nights, the most powerful Tennessee lawmakers imbibe and eat at The Standard, a restaurant a few blocks from the Capitol. Often, it is at the expense of their campaign donors. An analysis found 25 Tennessee legislators and one prominent Nashville elected official, or their PACs, combined with seven other state PACs to spend $150,000 from their campaign coffers at the restaurant and club since 2009. More than $50,000 of that money was spent by elected officials to pay for their personal memberships in the club. The Standard also operates its own state PAC, which has donated almost $100,000 to state and local leaders who are members or who frequent the club.

Vermont – Vermont’s Campaign Finance Law Survives Legal Challenge
U.S. News & World Report; Associated Press –   | Published: 4/3/2017

A challenge to Vermont’s campaign finance laws has been struck down in federal court. Dean Corren, an unsuccessful candidate for lieutenant governor, sued the state for violating his First Amendment rights, alleging a restriction on fundraising for publicly financed candidates is unconstitutional.

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.

The Alabama Ethics Commission found probable cause to believe Gov. Robert Bentley committed violations of both the Alabama Ethics Act and the Fair Campaign Practices Act.

The investigation is related to Bentley’s relationship with Rebekah Mason, a former political adviser.

The matter has been referred to the Montgomery County District Attorney for further review and potential prosecution.

Q: Our company is a registered lobbyist employer in many states, and we regularly do business with universities. Can my company give gifts to university officials and employees?

A: Gifts to university officials and employees fall under the purview of state ethics laws in a majority of states.  Additionally, universities will often have more restrictive gift policies with respect to vendors. It is especially important to understand what your company can and can’t do at this level, because university employees (especially professors) are sometimes unaware of potential restrictions. Potential penalties can include loss of contracts with a university and/or state fines. Further, if your company is registered as a lobbyist employer, some gifts will need to be disclosed on appropriate reports.

The first step to determine whether a gift to a university official or employee will be permissible is to determine the scope of a state’s gift restrictions…

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Here is your chance to “Ask the Experts” at State and Federal Communications, Inc. Send your questions to experts@stateandfed.com.

We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or email us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need. Our replies are not legal advice, just our analysis of laws, rules, and regulations.

Following in the path of the state’s House of Representatives, Hillsborough County Commissioners approved a measure banning text messages and other electronic communications with lobbyists during commission meetings.

First introduced in December, the initial proposal only placed restrictions and obligations on lobbyists; however, two amendments were approved to create responsibilities for commissioners as well.

Commissioners, like lobbyists, must disclose to the lobbyist registration manager any unavoidable communications and commissioners will be subject to fines for violations. The measure passed by five votes to two.

Gov. Jim Justice signed a proclamation to extend the legislative session by one day to an adjournment date of April 9. The extension is required by the constitution since the Legislature has not yet passed a budget bill.

More time may be needed for lawmakers to pass a budget as there is little agreement among lawmakers on how to address West Virginia’s $500 million shortfall in the 2018 fiscal year budget.

Both the House and Senate advanced budget bills on Wednesday, April 5; however, Justice indicated he plans to veto either plan that reaches his desk.

Campaign Finance

Colorado: “A Dark Money Lawsuit, a Colorful Cast of Characters, and Colorado’s Citizen Campaign Finance Cop” by Corey Hutchins for Colorado Independent

Ethics

“It’s Plausible Trump Incited Violence, Federal Judge Rules in OK’ing Lawsuit” by Eliott McLaughlin for CNN

“How the U.S. Ethics Chief Took on Trump and Became a Reluctant Washington Hero” by David Montgomery for Washington Post

“Russian Spies Tried to Recruit Carter Page Before He Advised Trump” by Adam Goldman for New York Times

Kansas: “These High School Journalists Investigated a New Principal’s Credentials. Days Later, She Resigned.” by Samantha Schmidt for Washington Post

North Carolina: “Lawmakers Revive Plan for Combined State Elections, Ethics Board” by Matthew Burns for WRAL

Legislative Issues

Minnesota: “House DFL Leader Won’t Back Down from ‘White Male Card Game’ Remarks” by Brian Bakst for Minnesota Public Radio

Lobbying

Florida: “Hillsborough Commissioners Add Themselves to New Lobbying Ordinance” by Mitch Perry (Florida Politics) for SaintPetersBlog.com

Texas: “Jet Setting Liquor Regulators Could See Wings Clipped by Lawmakers” by Jay Root for Texas Tribune

An extended session appears likely for West Virginia’s Legislature.

Lawmakers have yet to approve a budget and the regular session is set to adjourn April 8. The state currently faces a $500 million shortfall in the 2018 fiscal year budget and there is little consensus among lawmakers on how to address the deficit.

The constitution requires the Governor to issue a proclamation extending the session if the Legislature has not passed a budget bill by the 57th day of the 60-day regular session. Wednesday, April 5, is the 57th day of the session.

Lawmakers are back to work attempting to combine state elections and ethics boards after a three-judge panel ruled that the General Assembly overstepped its state constitutional authority when it adopted Senate Bill 4 establishing a bipartisan board to oversee elections and consider ethics complaints and issues.

The House Elections Committee approved changes to Senate Bill 68 to remove the bill’s original content relating to school attendance, replacing it with a reworked proposal to create a Bipartisan State Board of Elections and Ethics Enforcement.

Senate Bill 68 would merge the elections and ethics boards, but the governor would be able to appoint all members from nominations made by North Carolina’s Republican and Democratic parties. The board would be split evenly between the two parties.

Senate Bill 68 is set for a floor vote in the House on April 5.

Lobbying

“Changing of the Guard at DC’s Top Lobby Firm” by Megan Wilson for The Hill

Maine: “Lying-to-Legislature Bill Narrowed to Apply to Lobbyists Only” by Kevin Miller for Portland Press Herald

Campaign Finance

Missouri: “Greitens’ Political Nonprofits Take Center Stage in Missouri; Common for Governors Around US” by Jo Mannies for St. Louis Public Radio

Tennessee: “Nashville’s Private Club with a PAC” by Dave Boucher and Joel Ebert for The Tennessean

Vermont: “Vermont’s Campaign Finance Law Survives Legal Challenge” by the Associated Press for U.S. News & World Report

Ethics

“Blackwater Founder Held Secret Seychelles Meeting to Establish Trump-Putin Back Channel” by Adam Entous, Greg Miller, Kevin Sieff, and Karen DeYoung for Washington Post

“Trump Aides’ Disclosures Reveal Surge in Lucrative Political Work” by Steve Eder, Eric Lipton, and Andrew Lehren for New York Times

“Trump Can Quietly Draw Money from Trust Whenever He Wants, New Documents Show” by Drew Harwell for Washington Post

Tennessee: “Lawmakers Kill Gift Transparency Bill; Senate OKs Higher Campaign Limits” by Dave Boucher and Joel Ebert for The Tennessean

State and Federal Communications is once again the sponsor of the 2017 Cherry Blossom Princess of The Ohio Society of Washington, D.C. This year, Nmahawa (Mawa) Konate is the Ohio winner of the National Conference of State Societies (NCSS) Cherry Blossom Event and will be feted with the other princesses at a number of festivities, dinners, and a parade in Washington D.C. in early April.

I have the honor of presenting Mawa at the “NCSS Cherry Blossom Premier Event – Celebration of States and Territories,” on April 3.

Did you know, since 1948, state and territorial societies, as well as the international embassy community, have selected more than 3,000 accomplished young women for their academic achievement; exceptional poise and appearance; leadership; interest in social, civic, community, and world affairs, with a strong desire to serve others through community service; maturity and responsibility to represent their respective states/territories as “Cherry Blossom Princess.”

The week-long National Cherry Blossom Festival allows the ladies to participate in a number of activities, community service, and cultural exchange events. The week culminates by selecting one Cherry Blossom Queen, who is then invited by the Japan Cherry Blossom Association (JCBA) to visit Japan.

The Cherry Blossom Princess program is a wonderful event, which State and Federal Communications is so proud to sponsor. These young women have outstanding backgrounds and have already achieved much in their early careers. Our support empowers them to fuel their dreams of future leadership positions. We look forward to Mawa representing The Ohio Society of Washington, D.C., at many events this season.

Mawa is a 2013 graduate of Independence High School in Columbus and a current student at The Ohio State University. She is majoring in public affairs and is currently interning with the Peace Corps as a fellow in the John Glenn Washington Academic Internship Program.

Prior to moving to Columbus, she spent her childhood in Conakry, the capital and largest city in the West African country of Guinea. She has a passion for public service and working to eliminate poverty, hunger, and illiteracy around the world. In her current position, she is working on the Let Girls Learn initiative, which seeks to create equal opportunities for girls in more than 35 developing countries by helping them overcome traditional barriers to education. She previously interned with Unchained, a Columbus, Ohio non-profit organization helping to raise awareness and combat human trafficking.

While at The Ohio State University, she has served as treasurer and vice president for the African Youth League, was a national delegate on the Social Matters Committee for the Model African Union, and has volunteered with the Columbus Metropolitan Library.

With Mawa’s strong background and interest in making a difference in this world, we think she would be an excellent choice for the Cherry Blossom Queen award. We hope she is chosen for this unique honor!

Since George Washington took his oath as president of the U.S. in 1789, there have been 47 vice presidents of the United States. All have been men.

In looking at the modern Republican and Democratic parties as we know them, there have been 13 Republican and 10 Democratic vice presidents since 1900.

Fourteen vice presidents have become president of the United States; eight because of death.

Richard M. Nixon is the only vice president to become president, but not go directly from one office to the next. In 1961, Nixon left the office of vice president, and in 1969 he was inaugurated as president.

Two men have not been elected to the office of vice president: Gerald Ford in 1973 and Nelson Rockefeller in 1974.

Two men have resigned from the office of vice president: John Calhoun in 1832 and Spiro Agnew in 1973.

There have been three times that the 25^th Amendment, Section III of the U.S. Constitution has been invoked, where the vice president actually became the acting president. This occurred when President Ronald Reagan had surgery in 1985 and when President George W. Bush was sedated for medical procedures in both 2002 and 2007.

The Nobel Peace Prize has been won by vice presidents three times: Theodore Roosevelt in 1906, Charles Dawes in 1925, and Al Gore in 2007.

Lastly, there has been one vice president accused of murder. In 1804, Vice President Aaron Burr shot and killed Alexander Hamilton.

Lobbying

“Former Trump Staffers Hunt for Foreign Lobbying Work” by Theodoric Mayer, Kenneth Vogel, and Josh Dawsey for Politico

Tennessee: “Tennessee Bill to Limit State-Paid Legislative Travel Falters” by Joel Ebert and Dave Boucher for The Tennessean

Campaign Finance

New York: “In a Bind, de Blasio May Explore Legal Defense Fund Legislation” by Samar Khurshid for Gotham Gazette

Tennessee: “Analysis: Possible double dipping at Tennessee statehouse” by Dave Boucher and Joel Ebert for The Tennessean

Washington: “State Sues Tim Eyman, Alleging Campaign-Finance Violations” by Jerry Cornfield for Everett Herald

Ethics

“Flynn Made $1.3 Million for Lobbying, Speeches, Other Work” by Stephen Braun and Chad Day (Associated Press) for PBS

“Trump Couple, Now White House Employees, Can’t Escape Conflict Laws” by Eric Lipton and Jesse Drucker for New York Times

“Hands Raised, Trump Aides Rush to Try to Testify on Russia” by the Associated Press for New York Times

Pennsylvania: “Controller: Nutter and former chairwoman of Mayor’s Fund should pay back thousands spent on trips, hotels and restaurants” by Claudia Vargas and David Gambacorta for Philadelphia Inquirer