The Hawaii Senate convened a two-day special legislative session on Monday, September 25, to confirm two judicial appointments.

Choosing from a list of candidates selected by the Judicial Selection Committee, Gov. Ige had appointed former Third District Family Court Judge Henry T. Nakamoto and attorney Robert D.S. Kim to the Third Circuit Court.

Each judge will serve a 10-year term.

Today, the Office of Government Ethics (OGE) issued a Legal Advisory memo explicitly stating the OGE’s view anonymous contributions to legal defense funds of federal employees are prohibited.

Legal Advisory LA-17-10 specifically refers to OGE Informal Advisory Opinion 93×21 (1993), which found employees who received anonymous donations would “be unable to favor the anonymous donors.” The new Legal Advisory memo acknowledges that shortly after the Informal Advisory Opinion was issued, the agency began “advising, and is continuing to advise, that the instruments establishing legal defense funds include a clause stating that ‘contributions shall not be accepted from anonymous sources.’”

The new memo reiterates the OGE’s position given in an interview by the head of the OGE with Politico earlier this month. The interview was made in reaction to an OGE note on the 1993 opinion that had been changed earlier this year to say the opinion’s original applicability had not changed.

Critics of the note change had said it opened the door up to lobbyists and other prohibited sources funding legal defenses for employees currently working in the White House.

Gov. Jerry Brown signed Senate Bill 568 on September 27, moving up the state’s presidential primary to March 3, 2020.

The date of the 2016 primary was in June, but the Legislature pushed for an earlier primary in an attempt to have more of an impact on the national level.

The bill does not change the date of the 2018 primary.

Lobbying

Illinois: “Lobbying Is All in the Zalewski Family” by W.J. Kennedy for Chicago City Wire

Missouri: “Ethics Panel Fines Adviser to Missouri Mega Donor at Center of Pay-to-Play Allegations” by Jason Hancock for Kansas City Star

Campaign Finance

“Your Favorite Companies May Be Political Black Boxes” by Lateshia Beachum for Center for Public Integrity

Alabama: “Former House Majority Leader Micky Hammon Pleads Guilty to Mail Fraud” by Brian Lyman for Montgomery Advertiser

Maryland: “Rawlings-Blake to Repay More Than $5K in Expenses to Campaign” by Luke Broadwater for Baltimore Sun

New York: “NY Senator Wants to Make It Illegal for Powerful Interests to Hide Behind LLCs” by Emma Whitford for Gothamist

Ethics

“Trump’s Health Secretary May Not Be Leaving Just Yet” by Jennifer Epstein, Justin Sink and Anna Edney for Bloomberg.com

“Bills to Protect Mueller Are Bipartisan, but the Path Forward Is Uncertain” by Nicholas Fandos for New York Times

Legislative Issues

California: “What a Difference Three Days Makes: How voters shook up California’s Legislature” by Laurel Rosenhall for CALmatters

Lobbying

California: “Anaheim’s Lobbyist Sunshine Ordinance Will Be Largely Self-Enforced” by Thy Vo for Voice of OC

Campaign Finance

Connecticut: “UConn Researchers Find Business, Labor Unions Aren’t Driving Super PACs” by Jack Kramer for CTNewsJunkie.com

Maine: “Lawmakers Make Case That Maine’s Initiative Process Is Being Gamed” by Scott Thistle for Portland Press Herald

Ohio: “BlackRock Executive’s Kasich Donation May Cost $37 Million” by Miles Weiss for Bloomberg.com

Ethics

“Congressional Aides Risk Conflicts with Stock Trades” by Maggie Severns for Politico

“Exclusive: OGE crafting a new advisory on legal defense funds” by Cristina Alesci for CNN

Maryland: “State Prosecutor Investigating Former Baltimore County School Supt. Dallas Dance” by Liz Bowie, Doug Donovan and Alison Knezevich for Baltimore Sun

New Jersey: “Paterson Mayor Joey Torres Pleads Guilty to Corruption Charges” by Joe Malinconico (Paterson Times) for Bergen Record

New York: “Dean Skelos Has Conviction Overturned; Prosecutors Will Pursue Retrial” Staff Report for Albany Times Union

Elections

“GOP Governors Launch a ‘News’ Website with a Mission to Get Themselves Elected” by Bill Barrow (Associated Press) for Business Insider

Alabama: “Moore Wins Republican Senate Primary, Dealing Blow to GOP Establishment” by Michael Scherer for Washington Post

Wisconsin: “Wisconsin Strict ID Law Discouraged Voters, Study Finds” by Michael Wines for New York Times

Lobbying

“Skadden, Big New York Law Firm, Faces Questions on Work with Manafort” by Kenneth Vogel and Andrew Kramer for New York Times

Arizona: “116 Arizona Lobbyists Could Face Attorney General Investigation” by Alia Beard Rau for Arizona Republic

Maryland: “Maryland Lobbyist Pleads Guilty to Bribing Lawmaker to Help with Prince George’s Liquor Licenses” by Drew Gerber for Washington Post

Campaign Finance

“Fate Is Uncertain for House GOP’s Campaign Finance Riders” by Kenneth Doyle for Bloomberg BNA

New Mexico: “Did Gov. Susana Martinez Break SEC Rules in New Mexico Pension Deals?” by David Sirota, Josh Keefe, and Andrew Perez for International Business Times

Ethics

“Kushner Used Private Email to Conduct White House Business” by Josh Dawsey for Politico

“Anthony Weiner Gets 21 Months in Prison for Sexting with Teenager” by Benjamin Weiser for New York Times

Georgia: “Atlanta Ethics Board: No free Falcons tickets, suites for city workers” by Jaclyn Schultz for WAGA

New York: “Ethics Watchdog Gives Thumbs-Up to Cuomo Plane Trip, Scrutinizes Others” by Chris Bragg for Albany Times Union

Oklahoma: “Oklahoma Senator Defends Drug Companies Against Lawsuit Filed by State” by Randy Ellis for The Oklahoman

Pennsylvania: “Corruption Case Against Pa. Lawmaker Delayed for Years” by Angela Couloumbis and Craig McCoy for Philadelphia Inquirer

Elections

“Facebook to Turn Over Thousands of Russian Ads to Congress, Reversing Decision” by Craig Timberg, Carol Leonnig, and Elizabeth Dwoskin for Washington Post

State Delegate Tony Lewis of Preston died of cancer on Sunday, September 24, 2017.

In a statement, Speaker Tim Armstead said, “He was a devoted family man, and a faithful and hard-working public servant. Tony’s dedication and work ethic left a lasting impression on all of us who worked with him. His strong character was never more apparent than during the recent special session, as Tony continued to come to Charleston and speak up for his district while receiving treatment for his cancer.”

Preston County’s Republican executive committee will nominate three possible replacements for Gov. Jim Justice to choose to replace Lewis.

Today, the writ for the October 30 general election for all 22 Legislative Assembly Members’ seats is being issued after the Legislative Assembly of Nunavut was dissolved on September 24.

The order for the writ and the dissolution of the 4th Legislative Assembly of Nunavut was made pursuant to a Proclamation issued by the Commissioner of Nunavut. The 5th Legislative Assembly will convene on a future date not yet determined.

The pre-election period for prospective candidates began on June 27 and ended on September 25. This election will be the first time Nunavummiut born after the creation of Nunavut, on April 1, 1999, and who are 18 will be eligible to vote.

Gov. Bill Walker issued a proclamation to convene the Legislature’s fourth special session on October 23 to address revenue and public safety issues.

The governor has proposed a payroll tax of 1.5 percent that is expected to generate between $300 million and $325 million. Under this proposal, Alaskans would pay the lowest taxes in the country.

Senate Bill 54, which addresses Class-C felonies, will also be under consideration.

Campaign Finance

Connecticut: SEEC asks Malloy to keep campaign finance law out of future budget negotiations by Mike Savino for Record-Journal

Pennsylvania: Former candidate hopefuls face action from revamped Pittsburgh ethics board by Chris Potter for Pittsburgh Post-Gazette

Elections

Trump Pledges to Campaign for Moore if Strange Loses by Bridget Bowman for Roll Call

Ethics

Ethics experts say Trump administration far from normal by Rachael Seeley Flores for The Center for Public Integrity

Georgia: Georgia ethics panel will audit candidates in governor’s, mayor’s races by James Salzer for The Atlanta Journal-Constitution

Lobbying

Corey Lewandowski appears to be working with another lobbying firm by Theodoric Meyer and Daniel Lippman for Politico

Sprint hired Trump-connected lobbyist amid deal talks by Ginger Gibson and Diane Bartz for Reuters

New York: Keith Wright might have to give up job at lobbying firm by  Carl Campanile for New York Post

Utah: Former Utah House speaker named chief lobbyist for Mormon church by Lee Davidson for The Salt Lake Tribune

Coming to you this week from the Greek Festival in Akron, Ohio is Becky Campbell with News You Can Use Video Digest!

National:

Request Denied: States try to block access to public records
San Jose Mercury News – Andrew DeMillo and Ryan Foley (Associated Press) | Published: 9/17/2017

State lawmakers across the country introduced and debated dozens of bills during this year’s legislative sessions that would close or limit public access to a wide range of government records and meetings. Most of those proposals did not become law, but freedom-of-information advocates in some states said they were struck by the number of bills they believed would harm the public interest, and they are bracing for more fights next year.

Federal:

Government Ethics Office Says It Will Stick with Ban on Anonymous Gifts
Politico – Darren Samuelsohn | Published: 9/15/2017

David Apol, the acting director of the Office of Government Ethics, said the agency is sticking with its long-standing stance prohibiting anonymous donations to White House legal defense funds, despite recently putting forward language that appeared to undercut that position. The OGE has been under fire in the wake of a report detailing a potentially critical change to the agency’s official guidance document that the OGE’s recently departed director said could give a green light to President Trump’s aides to accept anonymous donations to pay their attorney bills. But Apol said there has been no change, and he has been giving advice to outside groups that are coming forward to set up legal defense funds for Trump aides as the Russia probe intensifies that they should have their donors disclose their identities.

Trump Lawyers Clash Over How Much to Cooperate with Russia Inquiry
New York Times – Peter Baker and Kenneth Vogel | Published: 9/17/2017

President Trump’s lawyers are clashing over how much to cooperate with special counsel Robert Mueller. At the heart of the conflict is an issue that has challenged multiple presidents during inquiries: how to handle the demands of investigators without surrendering the institutional prerogatives of the office of the presidency. The debate in the West Wing has pitted Donald McGahn, the White House counsel, against Ty Cobb, a lawyer brought in to manage the response to the investigation. The friction escalated in recent days after Cobb was overheard by a reporter for The New York Times discussing the dispute during a lunchtime conversation at a popular Washington restaurant.

With a Picked Lock and a Threatened Indictment, Mueller’s Inquiry Sets a Tone
New York Times – Sharon LaFraniere, Matt Apuzzo, and Adam Goldman | Published: 9/18/2017

The raid on the home of Paul Manafort, President Trump’s former campaign chairperson, is an example of the aggressive tactics used by special counsel Robert Mueller and his team of prosecutors in the four months since taking over the Justice Department’s investigation into Russia’s attempts to disrupt last year’s election. Dispensing with the plodding pace typical of many white-collar investigations, Mueller’s team has used what some describe as shock-and-awe tactics to intimidate witnesses and potential targets of the inquiry.

From the States and Municipalities:

California
California Passes Bill to Track ‘Dark Money’ in Political Ads and Campaigns
StateScoop – Jason Shueh | Published: 9/18/2017

California lawmakers passed Assembly Bill 249, which its advocates say will spotlight “dark money” fueling political advertising. If signed by Gov. Jerry Brown, the state’s swarms of online ads, mass emails, and other media will be required to reveal the names of previously hidden donors within advertisements. The bill is designed to further state transparency efforts by eliminating common campaign funding tactics that use the names of political committees and groups to camouflage corporations, wealthy individuals, and political organizations.

California
Why Didn’t School Board President Ref Rodriguez Just Write Himself a Big Check?
Los Angeles Times – David Zahniser, Anna Phillips, and Howard Blume | Published: 9/17/2017

Los Angeles school board president Refugio Rodriguez, who won his school board seat in 2015, legally could have poured as much of his own money as he liked into his campaign. So why would he, as prosecutors claim, have arranged for others to donate and then use his funds to illegally pay them back? That question looms large as Rodriguez faces three felony charges in what investigators call a campaign money laundering scheme. Bob Stern, co-author of the California Political Reform Act, said he could not recall another case over the past 40 years of a sitting politician being accused of illegally paying back his own contributors. In campaigns, such violations are typically committed by donors or fundraisers, he said, not the politicians themselves.

Colorado
Big Bucks Flow to Colorado Lobbyist Offices Steps from The Capitol
KUNC – Sandra Fish | Published: 9/13/2017

The nearly 600 lobbyists and lobbying firms in Colorado reported earning a total of $30 million in fiscal year 2017. Nearly half of the total is concentrated among the top 20 firms and individuals. Lobbyists’ busiest time of the year are the four months of the legislative session. Income reported to the secretary of state’s office bears that out. Lobbyist Julie McKenna said the hours are long during the legislative session. The four lobbyists in her firm reported tracking more than 300 bills earlier this year.

Kentucky
Millions Go to Board Members of Lexington’s Farmland Conservation Program
Lexington Herald-Leader – Beth Musgrave | Published: 9/18/2017

Six current or former members of a board that oversees a Fayette County farmland preservation program have received millions of dollars from the program.  In total, past and current members of the Rural Land Management Board have received $6.2 million in payments for conservation easements on their farms as part of the Fayette County Purchase of Development Rights program. Farms that are owned or partially owned by three of those former or current board members received more than $1 million each from the program. None of the members were on the board at the time the program purchased conservation easements for their respective farms. But several have rotated on and off the board for years. They received payment for their conservation easements in between stints on the board.

Maryland
Council Candidate Wants to Tie Disaster Relief to Campaign Contributions
Bethesda Magazine – Andrew Metcalf | Published: 9/19/2017

A plan to direct campaign donations to charities could test Montgomery County’s new public financing law. At-large county council candidate Brandy Brooks will hold a fundraiser in which she has promising to donate half of the campaign contributions to help victims of natural disasters. The state election board’s guide for candidates notes they may use campaign funds to attend a charitable event to raise their profile and network with potential voters and donors. The guide, however, says giving campaign funds as charitable donations is not permitted primarily because donors give to a candidate to support their platform and “when campaigns are spent for a non-campaign related purpose, it frustrates the intent of the contributor.”

Michigan
Snyder Approves Unlimited Super PAC Cash
Detroit News – Michael Gerstein | Published: 9/20/2017

Less than 24 hours after the state Senate moved to send two campaign finance bills that expand on the U.S. Supreme Court’s Citizens United ruling, Michigan Gov. Rick Snyder signed the legislation into law. Senate Bill 335 and Senate Bill 336 define and allow for independent expenditure committees like super PACs. Under the new law, candidates could solicit unlimited contributions to super PACs, which could then use the money to support the aspirations of the candidate. The super PACs could not coordinate directly with campaigns but they could share attorneys, consultants, and vendors with candidates they support.

New Mexico
Reform Laws Spurred by Treasurer Scandals Full of Loopholes
Santa Fe New Mexican – Andrew Oxford | Published: 9/16/2017

Federal investigators in 2005 accused then-state Treasurer Robert Vigil of demanding kickbacks from private financial advisers hired by the government to manage New Mexico’s investments. His predecessor, Michael Montoya, pleaded guilty to a similar extortion scheme, saying campaign debt drove him to solicit kickbacks from contractors. FBI agents quoted Montoya as saying kickbacks were merely “the way we do business in New Mexico.” Lawmakers approved reform measures that bar contractors from plying politicians with campaign donations or other gifts while vying for government business. And the changes required contractors to report donations they have made to public officials. But a decade later, those laws are full of loopholes.

New York
How Party Bosses, Not Voters, Pick Politicians in New York
New York Times – Shane Goldmacher | Published: 9/18/2017

For decades, legislative seats in New York have traded hands in what amounts to one of the last, most powerful vestiges of Tammany Hall-style politics in the state. Election laws grant politicians and local political power brokers vast sway in picking candidates when legislators leave office in the middle of their term – whether they retire early, pass away, depart for another job, or are arrested. The rules are a crucial part of what empowers party bosses in a state that regularly outpaces the nation in corruption.

New York
JCOPE Commissioners Again Rule Civil Liberties Group Must Disclose Donors
Albany Times Union – Chris Bragg | Published: 9/19/2017

The Joint Commission on Public Ethics (JCOPE) decided the New York Civil Liberties Union (NYCLU) must disclose donors to its state lobbying efforts. JCOPE has ruled in the past that the NYCLU must reveal its donors, despite arguments from the group that such disclosure could potentially lead to reprisals against people who fund the organization. The NYCLU has received a number of threatening letters, but JCOPE has found there has not been a “substantial likelihood” of harm to donors whose names are listed on the agency’s website in lobbying disclosures.

Oregon
Nepotism Runs Rampant in Oregon Legislature. Here’s How
Portland Oregonian – Gordon Friedman | Published: 9/16/2017

Oregon is one of the few states that allows lawmakers to hire family members; one in four legislators currently pays a family member to be on their staff. Legislators defend the practice, noting it has been something of a time-honored tradition to hire family members. Yet the practice of lawmakers hiring their family members as staff can be problematic. Lawmakers have a fiduciary duty to be good stewards of taxpayer funds, and spending state money on family members can hurt public trust in government, said Hana Callaghan, who runs the government ethics program at Santa Clara University.

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.

This week, Montana Gov. Steve Bullock discussed calling a special session of the Legislature to address how to pay the costs of the summer’s wildfires.

The Governor’s budget director recommended the state reduce spending by $229.3 million to balance a reduction in tax revenue and an unforeseen increase in spending to fight extensive wildfires this year.

The Legislature passed a bill in the spring allowing the state to cut the fire fund if the revenue was lower than expected, causing the state to be an estimated $25 to $40 million short in covering this year’s costs.

Gov. Bullock stated a special session will be necessary at some point before 2019 to consider raising taxes to offset budget cuts and the high firefighting bill.

The Wyoming House Agriculture, State and Public Lands and Water Source Committee Chairman has resigned from the state Legislature due to health reasons.

Speaker Steve Harshman announced Rep. Robert McKim will be replaced by Hans Hunt on the committee.

Lincoln County commissioners are now tasked with appointing a replacement to represent House District 21.