On September 7, President Donald J. Trump nominated Matthew Spencer Petersen, a commissioner with the Federal Election Commission (FEC), to serve as a District Judge on the U.S. District Court for the District of Columbia. Petersen, a Republican, is one of the five remaining FEC commissioners.

Without Peterson, the FEC will have only four of the six required commissioners serving, all with expired terms. With Petersen’s absence from the FEC there will remain two registered members of the Republican Party, one registered member of the Democratic Party, and one Independent, Chairman Steven T. Walther.

The FEC requires at least four commissioners to agree for any official action. A replacement for Petersen will be selected by the president and then confirmed by the U.S. Senate. No more than three members of the FEC may be registered with the same political party.

Check out these photos from a busy August at State and Federal Communications!

Lobbying

“A Two-Decade Crusade by Conservative Charities Fueled Trump’s Exit from Paris Climate Accord” by Robert O’Harrow Jr. for Washington Post

Florida: “Hernando Commission to Debate Ordinance Requiring Lobbyists to Register” by Barbara Behrendt for Tampa Bay Times

Campaign Finance

“Facebook Says It Sold Political Ads to Russian Company During 2016 Election” by Carol Leonnig, Tom Hamburger, and Rosalind Helderman for Washington Post

Montana: “Gov. Bullock Settles Campaign Violation Over State Airplane for $3,000” by Tom Lutey for Billings Gazette

New Mexico: “New Mexico Candidate Seeks Court Injunction to Access Cash” by Morgan Lee (Associated Press) for U.S. News & World Report

Ethics

“Trump Gets Millions from Golf Members. CEOs and Lobbyists Get Access to President” by Brad Heath, Fredreka Schouten, Steve Reilly, Nick Pezenstadler, and Aamer Madhani for USA Today

California: “Prosecution Freezes Assets of Fired Centinela Superintendent Facing Embezzlement Charges” by Larry Altman for Los Angeles Daily Breeze

Connecticut: “Ex-Hartford Mayor Eddie Perez Pleads Guilty to Bribe Receiving, Attempted Larceny; Spared Prison” by David Owens and Jenna Carlesso for Hartford Courant

Florida: “Prosecutors Had 5 Years to Charge ex-U.S. Rep. David Rivera. Now Time Has Run Out.” by Patricia Mazzei for Miami Herald

Georgia: “Reed to Ethics Board: ‘I don’t have an ax to grind’” by Nicole Carr for WSB

Elections

“Software Glitch or Russian Hackers? Election Problems Draw Little Scrutiny” by Nicole Pearlroth, Michael Wines, and Matthew Rosenberg for New York Times

Texas: “Court: Texas Can Enforce New Voter ID Law in November” by Allie Morris for Governing

On September 5, the Libertarian National Committee (LNC) filed a lawsuit arguing federal contribution limits of bequests are unconstitutional.

In Libertarian National Committee v. Federal Election Commission, filed in the U.S. District Court for the District of Columbia, the LNC argues federal political contribution limits applied to bequests, in the absence of any evidence of corruption, violate the First Amendment of the U.S. Constitution. The LNC also claims Congress cannot regulate “the content of a political party’s expression under the guise of combating corruption.”

In 2014, the LNC was bequeathed $235,575 by a party contributor when he died. The Federal Election Commission’s position is the money must be dispersed in the amount of $33,900 a year. The LNC is asking its proposed facts and questions be certified to the en banc D.C. Circuit.

Gov. Jerry Brown signed Assembly Bill 187 and Assembly Bill 551 into law on September 1, amending both lobbying and campaign finance laws.

Assembly Bill 187 requires a committee to file a report within 10 business days of making a contribution or independent expenditure aggregating $5,000 or more to support or oppose the qualification of a single local initiative or referendum ballot measure.

Assembly Bill 551 extends revolving door restrictions to independent contractors of a local government agency or a public agency who are appearing or communicating on behalf of that agency.

Both bills are effective January 1, 2018.

On September 25, the writ for the October 30 general election for all 22 Legislative Assembly Members’ seats will be issued.

The pre-election period for prospective candidates began on June 27 and will end 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.

Alaska Governor Bill Walker asked his legislative director to notify legislators he will be calling a special session to convene on October 23.

The focus of this special session will be on finding alternative forms of revenue that are vital in stabilizing the state’s economy, but the exact bills to be discussed will be announced in the official special session proclamation issued on or before September 22.

Denver City Council is attempting to close a loophole allowing campaign spending to go unreported if not coordinated directly with a candidate’s campaign.

The measure would adopt the state definitions of independent expenditure and electioneering communication. It would also require individuals or entities making independent expenditures to file a report within two days of spending more than $1,000, itemize all contributions received exceeding $25, and clearly identify the source of funding for any paid advertising.

If the bill passes, other changes to city campaign finance laws would include differentiation between issue committees and other political committees, as well as a requirement for quarterly reports in the calendar year before an election and additional reporting in the weeks leading up to an election.

Council has scheduled a final vote for Sept. 11.

State Rep. Jim Merrill resigned from the Legislature last week, just prior to appearing in court.

He has been suspended from office since December, when he was indicted on two counts of misconduct in office and 28 counts of violating state ethics laws. While many of the charges are misdemeanors, he could face up to 10 years in prison if convicted.

Merrill is the second legislator to resign amid recent corruption charges. Former state House Speaker Bobby Harrell plead guilty in October 2014 to ethics-related charges and resigned.

Similar charges are currently pending against Rep. Rick Quinn and Sen. John Courson. Both remain suspended while awaiting trial.

Lobbying

Delaware: “Politics of Persuasion: Dozens of lobbyists now work the legislature for more than 200 groups” by Matt Bittle for Delaware State News

Texas: “Fred Lewis Appointment Stirs Controversy” by Jo Clifton for Austin Monitor

Campaign Finance

“Democrats Say ‘Citizens United’ Should Die. Here’s Why That Won’t Happen.” by Sarah Kleiner for Center for Public Integrity

California: “SF’s Political Watchdog Agency Proposes Sweeping Reforms, Nonprofits Cry Foul” by Joshua Sabitini for San Francisco Examiner

Colorado: “Denver Proposal Aims to Force Disclosure of Independent Spending in Elections as ‘Dark Money’ Trickles Down” by Jon Murray for Denver Post

Maine: “Pressed to Reveal Funding Sources, Miami Real Estate Developer Withdraws from York County Casino Campaign” by Scott Thistle for Portland Press Herald

Ethics

“Mueller Examining Trump’s Draft Letter Firing FBI Director Comey” by Rosalind Helderman, Carol Leonnig, and Ashley Parker for Washington Post

“Menendez Trial Set to Begin with Tensions High and Washington Watching” by Nick Corasaniti for New York Times

Hawaii: “OHA’s Peter Apo To Pay $25,000 For Ethics Violations” by Nick Grube for Honolulu Civil Beat

Wisconsin: “Report: New Ethics Commission has conducted just 1 investigation, says compliance is up” by Mark Sommerhauser for Wisconsin State Journal

Procurement

New Mexico: “New Mexico Sues Chiefs Owner Clark Hunt, Alleging Kickbacks in $300 Million Investment” by Robert Cronkelton and Ian Cummings for Kansas City Star

Lobbying

Maine: “State Workers Drop Mandatory Union Fees in Favor of More Pay” by Scott Thistle for Portland Press Herald

Campaign Finance

“Statehouses, Not Congress, Hosting Biggest Political Money Fights” by Ashley Balcerzak for Center for Public Integrity

California: “‘Campaign Guru’ Gets Prison in Azano San Diego Mayoral Election-Funding Scheme” by Kristina Davis for San Diego Union-Tribune

Maryland: “Facing Minor Fine, Hogan Campaign Lawyer Threatens Attorney General Frosh” by Fenit Nirappil for Washington Post

Ethics

“Manafort Notes from Russian Meet Refer to Political Contributions” by Ken Dilanian and Carol Lee for NBC News

“Treasury Inspector General to Review Mnuchin’s Flight to Fort Knox” by Drew Harwell for Washington Post

Arizona: “Arizona Utility Regulators Consider Adopting Ethics Policy in Wake of Controversies” by Ryan Randazzo for Arizona Republic

Pennsylvania: “Ex-Township Supervisor Agrees to Pay $327 Monthly on $105,000 Ethics Commission’s Sanction” by John Beauge for PennLive.com

South Carolia: “Rep. Jim Merrill Pleads Guilty to Misconduct, Agrees to Assist Investigators in Statehouse Corruption Probe” by Glenn Smith and Andrew Brown for Charleston Post and Courier

We hope you enjoy some quality time with friends and family this labor day weekend. We’ll be back Tuesday, September 5, ready to assist you in meeting all your government relations compliance needs! Have a great holiday weekend!

The North Carolina General Assembly adjourned on August 31 after finishing a two-week special session.

Members voted on new legislative districts per court order and voted to override two vetoes by the governor.

The Legislature will reconvene on October 4, 2017, to consider constitutional amendments, election regulations, and to draw new judicial districts.

Becky is here to recap all the government, ethics and elections news from around the country.