On September 12, President Donald J. Trump nominated Trey Trainor to serve as a commissioner on the Federal Election Commission (FEC). Trainor is a lawyer licensed in Texas who specializes in election law, campaign finance, and ethics. Trainor previously served in the president’s administration as a Special Assistant to the Secretary of Defense, James Mattis, in the Department of Defense, Office of General Counsel.

Last week it was announced Commissioner Matthew Spencer Petersen would be stepping down after being nominated by the president to serve as a District Judge on the U.S. District Court for the District of Columbia.

With the appointment of Trainor, and with Petersen’s absence, there will be three registered members of the Republican Party, one registered member of the Democratic Party, and one Independent, Chairman Steven T. Walther. One seat still remains vacant. The FEC requires at least four commissioners to agree for any official action.

To become a commissioner, Trainor must now be confirmed by the U.S. Senate.

Seattle Mayor Ed Murray resigned after his cousin stepped forward as the fifth man to accuse Murray publicly of sexually abusing him as a minor.

After the accusations of sexual abuse earlier this year, Murray denied wrongdoing but announced he would not seek reelection.

City Councilman Bruce Harrell will become mayor and has five days to decide whether to fill out the remainder of Murray’s term.

Photo of Seattle City Hall By SounderBruce via Wikimedia Commons

The New York Joint Commission on Public Ethics (JCOPE) issued a call to concerned individuals for comments regarding the Notice of Proposed Rulemakings for Comprehensive Lobbying regulations and Source of Funding Disclosure Regulations.

The comprehensive regulations expand the definition of lobbying to include indirect lobbying, like setting up a meeting between a legislator and a lobbyist. According to JCOPE, the purpose of the proposed regulations is to fully incorporate existing guidelines and decades of advisory opinions.

The hearing will be held on Monday, October 30, 2017 in Hearing Room A of the Legislative Office Building. All public comments must be submitted by 5 p.m. on October 6, 2017, to Carol Quinn, Deputy Director of Lobbying Disclosure, at carol.quinn@jcope.ny.gov.

Additional details are available on the JCOPE website.

Lobbying

“How Anna Nicole Smith’s Billionaire In Laws Secretly Lobbied the Courts” by Zachary Mider for Bloomberg.com

“Russian Network RT Must Register as Foreign Agent in US” by Megan Wilson for The Hill

Campaign Finance

“Trump FEC Pick’s Twitter Goes Dark After Users Spot Anti-Protestant Links” by Tierny Sneed for TPM

New York: “Loophole Allows Public Officials to Shield Legal Expenses” by Chris Bragg for Albany Times Union

Ethics

Michigan: “Engineer Pleads Guilty to Bribery in Macomb County Public Corruption Probe” by Tresa Baldas for Detroit Free Press

Minnesota: “Scott County Attorney Declines Charges in Dai Thao Bribery-Solicitation Case” by Frederick Melo for St. Paul Pioneer Press

Mississippi: “Court: Governments can’t evade open meetings in small groups” by Jeff Amy (Associated Press) for Biloxi Sun Herald

Washington: “Seattle Mayor Ed Murray Resigns After Fifth Child Sex-Abuse Allegation” by Jim Brunner, Daniel Beekman, and Lewis Kamb for Seattle Times

Redistricting

Texas: “Supreme Court Puts Redrawing of Texas Political Maps on Hold” by Alexa Ura and Jim Malewitz for Texas Tribune

Lobbying

California: “California May Slow Revolving Door of Legislators Becoming Lobbyists” by Patrick McGreevy for Los Angeles Times

Tennessee: “Lobbyists Courted Lawmakers with Free Food, Baseball Tickets at Conferences” by Joel Ebert for The Tennessean

Campaign Finance

Colorado: “Denver City Council Approves New Rules Requiring Reports of Dark-Money Spending in Elections” by Jon Murray for Denver Post

Massachusetts: “Pro-Charter School Group Pays State’s Largest Campaign Finance Penalty” by Michael Levenson for Boston Globe

Ethics

“Trump Promised Not to Work with Foreign Entities. His Company Just Did” by Anita Kumar for McClatchy DC

“Interior Faulted for Subsidy to Firm Once Tied to David Bernhardt, Now the Deputy Secretary” by Juliet Eilperin and Jack Gillum for Washington Post

“Guam Delegate May Have Violated Emoluments Clause with Lease, Ethics Office Says” by Elise Viebeck for Washington Post

“Trump’s Legal Team Debated Whether Kushner Should Leave White House” by Carol Leonnig for Washington Post

Lobbying

Pennsylvania: “Elect Them, Then Lobby Them: Two firms blur the worlds of policy and politics in Harrisburg” by Angela Couloumbis and Liz Navratil for Philadelphia Inquirer

Campaign Finance

“Will Donald Trump Let the Federal Election Commission Rot?” by Dave Levinthal for Center for Public Integrity

Arizona: “Commissioner Bob Burns Can’t Force Political Funding Disclosure, Utility Argues” by Howard Fischer (Capitol Media Services) for Arizona Daily Star

Illinois: “Weighing Third Term, Emanuel Relies on Campaign Donors Who Get City Hall Benefits” by Jeff Coen and Bill Ruthhart for Chicago Tribune

Maine: “Network of Companies with Ties to York County Casino Bid Stretches Far and Wide” by Scott Thistle for Portland Press Herald

New Jersey: “Court Revives Campaign Complaint Against Essex County Executive” by Nicholas Pugliese for Bergen Record

Oregon: “Legislators Consolidate Power, Cash, in Partially Invisible Cycle of Giving to Each Other” by Cooper Green for Salem Statesman-Journal

Elections

New York: “Monserrate, Ex-Senator and Ex-Convict, Seeks Votes Amid Disdain” by J. David Goodman for New York Times

Gov. Rick Scott has announced a special election to fill an opening in the House of Representatives.

Rep. Alexandra Miller resigned her House District 72 seat to focus on her family and business.

A special primary will be held on December 5, 2017, with the special election to follow on February 13, 2018.

Miller, who was elected this past November, submitted her resignation on August 24.

On September 8, 2017, Sec. of State Maggie Toulouse Oliver adopted campaign finance rules after three months of public hearings and reviews.

Oliver introduced the rules to clarify New Mexico’s Campaign Reporting Act (CRA) and bring the CRA into constitutional compliance.

Under the new rules, independent expenditure groups will be required to disclose their significant donors if they expend on any single political advertisement more than $2,500 for a statewide race or more than $1,000 on any non-statewide race.

The rules will be effective October 10, 2017, and are available at the secretary of state’s website.

Several provisions added last week to the House Financial Services appropriations bill would alter some federal campaign laws.

The legislation would prevent some charitable 501(c)(3) organizations such as churches from losing their tax-exempt status for making contributions to candidates. The bill would also allow corporations greater latitude in soliciting employees to contribute to political action committees.

The riders to the bill also include provisions prohibiting the IRS from enacting rules governing political activity and prohibiting the SEC from implementing rules requiring corporations to report to its shareholders a corporation’s political campaign activities.

A further change to campaign finance law in the appropriation bill would bar the use of funds to recommend or require any entity submitting an offer for a federal contract to disclose specified political contributions as a condition of submitting the offer.

The appropriations and other finance bills are expected to be debated this and next week in the House.

Several special elections have been called in Georgia to fill vacancies in the state legislature. The openings are in the following districts: House Districts 42, 89, and 119; and Senate Districts 6 and 39.

The general elections will take place on November 7, 2017. A special election, already set last month, for House District 117 will take place on the same day.

Reps. Stacey Evans (House District 42), Stacey Abrams (House District 89), and Sen. Hunter Hill (Senate District 6) resigned their seats to focus on their gubernatorial campaigns.

Rep. Chuck Williams resigned his House District 119 seat to become the director of the Georgia Forestry Commission.

Sen. Vincent Fort resigned from his Senate District 39 seat to run for mayor of Atlanta.

Special runoff elections, if necessary, will be held on December 5.

Campaign Finance

New Mexico: New Campaign Spending Rules to Take Effect by Dan Boyd for Albuquerque Journal

New York: Firm Uses Loophole to Secretly Donate $60G to de Blasio Campaign, Lobbying Records Show by James Fanelli for New York Daily News

Ethics

Mueller Gives White House Names of 6 Aides He Expects to Question in Russia Probe by Carol Leonnig, Rosalind Helderman, and Ashley Parker for Washington Post

Kentucky: Legislative Sex Harassment Case Spurs Call for Change in Kentucky’s Ethics Law by Jack Brammer for Lexington Herald-Leader

Elections

On Facebook and Twitter, a Hunt for Russia’s Meddling Hand by Scott Shane for New York Times

In Free-Range Trump, Many See Potential for a Third Party by Jeremy Peters for New York Times

Lobbying

Canada: Quebec’s Lobbyist Registry Best in Canada, Though All Struggle in Key Transparency Metrics: Study by Marco Vigliotti for The Hill Times

Virginia: Virginia Lawmakers Attend Fewest Lobbyist-Paid Entertainment Events Since McDonnell Case by Will Houp for Virginian-Pilot

Procurement

Illinois: Aldermen Take Another Stab at Relaxing Ethics Rules for Contractors by Fran Spielman for Chicago Sun-Times

 Becky is coming to you from the Content Marketing World 2017 conference in Cleveland, Ohio with this week’s News You Can Use Video Digest!

Q: I have been out of the office on an extended vacation.  I just noticed a reminder e-mail that I have a lobbying report due today that cannot be filed electronically.  What are my options?

A: You still have the ability to submit the report in a timely manner.  Your first step should be to confirm the reportable activity for your report.  If it is your lobbyist report, check your calendar or records to see whether you lobbied during the reporting period.  If the report is for your employer, you must review not only your activity, but possibly information for a contract lobbyist as well…

Click here to read the full article…

National:

Software Glitch or Russian Hackers? Election Problems Draw Little Scrutiny
New York Times – Nicole Pearlroth, Michael Wines, and Matthew Rosenberg | Published: 9/1/2017

After a presidential campaign scarred by Russian meddling, local, state, and federal agencies have conducted little of the type of digital forensic investigation required to assess the impact, if any, on voting in at least 21 states whose election systems were targeted by Russian hackers. The assaults on the vast back-end election apparatus – voter-registration operations, state and local election databases, e-poll books, and other equipment – have received far less attention than other aspects of the Russian interference, such as the hacking of Democratic emails and spreading of false or damaging information about Hillary Clinton. Yet the hacking of electoral systems was more extensive than previously disclosed.

Statehouses, Not Congress, Hosting Biggest Political Money Fights
Center for Public Integrity – Ashley Balcerzak | Published: 8/31/2017

Lawmakers in at least 18 states have introduced legislation this year to change the amount of money people can give to politicians. Half of the bills aim to increase contribution limits in attempts to keep pace with the rising number of outside forces that can spend unlimited amounts of cash. The other half try to decrease the limits to blunt the amount of money in politics. Meanwhile, national coalitions have swarmed statehouses and city halls. They are targeting disclosure laws, pay-to-play and lobbying rules, and the role corporations, unions, and nonprofits may play in elections, in addition to fundraising limits.

Federal:

A Two-Decade Crusade by Conservative Charities Fueled Trump’s Exit from Paris Climate Accord
Washington Post – Robert O’Harrow Jr. | Published: 9/5/2017

The story behind the Cooler Heads Coalition – an umbrella group in the vanguard of efforts to cast doubt on the gravity of climate change and thwart government efforts to address it – illuminates the influential, little-known role that tax-exempt public charities play in modern campaigns to sway lawmakers and shape policy while claiming to be nonpartisan educational organizations. It also offers insight into the forces behind a decision by President Trump that infuriated scientists and environmentalists, mystified U.S. allies, and went against the advice of some major corporations.

Democrats Say ‘Citizens United’ Should Die. Here’s Why That Won’t Happen.
Center for Public Integrity – Sarah Kleiner | Published: 8/31/2017

Seizing on the specter of Russian election influence, Democrats have ramped up their quixotic effort to blunt Citizens United v. Federal Election Commission, which unleashed a torrent of special interest spending on U.S. elections. They have introduced two dozen bills related to money in politics. Some are aimed at increasing donor transparency, others are targeting massive contributions from special interests. A couple are intent on reforming the FEC. None have had a single formal hearing, much less an up-or-down vote in either the House or Senate.

Trump Gets Millions from Golf Members. CEOs and Lobbyists Get Access to President
USA Today – Brad Heath, Fredreka Schouten, Steve Reilly, Nick Pezenstadler, and Aamer Madhani | Published: 9/6/2017

Members of clubs that Donald Trump owns and has visited most often as president include at least 50 executives whose companies hold federal contracts and 21 lobbyists and trade group officials. Two-thirds played on one of the 58 days Trump was there. A USA Today shows that for the first time in U.S. history, wealthy people with interests before the government have a chance for close and confidential access to the president as a result of payments that enrich him personally. The arrangement is legal, and members said they did not use the clubs to discuss government business. Nonetheless, ethics experts questioned whether it is appropriate for a sitting president to collect money from lobbyists and others who spend their days trying to shape federal policy or win government business.

From the States and Municipalities:

California
SF’s Political Watchdog Agency Proposes Sweeping Reforms, Nonprofits Cry Foul
San Francisco Examiner – Joshua Sabitini | Published: 9/4/2017

The San Francisco Ethics Commission is taking on the notorious “pay-to-play” culture at City Hall with proposed sweeping reforms. But some of the provisions have drawn the ire of nonprofits that warn it will deal a significant blow to their fundraising. One provision being discussed in the reform package would prohibit city commissioners from helping to raise money for candidates. Many nonprofit leaders blasted a portion of the sweeping reforms that would restrict so-called behested payments, which are contributions made to groups or causes at the request of elected officials.

Colorado
Denver Proposal Aims to Force Disclosure of Independent Spending in Elections as ‘Dark Money’ Trickles Down
Denver Post – Jon Murray | Published: 9/4/2017

A Denver City Council proposal seeks to close transparency gaps that allow “dark money” to go unreported as long as the people behind it do not coordinate directly with a candidate’s campaign. The proposal would adopt the state definitions of “independent expenditure” and “electioneering communication.” The individual, company, or other group behind the independent spending would have to file public reports within two days after more than $1,000 is spent, including disclosing anyone who gives more than $25 to the effort. They also would have to make clear on any mailers, broadcast ads, or other advertising who paid for them and the independence from the candidate’s or issue’s official campaign. The proposal also would modify the city’s campaign finance ordinance in other ways.

Maryland
Facing Minor Fine, Hogan Campaign Lawyer Threatens Attorney General Frosh
Washington Post – Fenit Nirappil | Published: 8/31/2017

Maryland Gov. Larry Hogan’s re-election campaign could be hit with a $250 fine for a minor violation of state election law, an inconvenience that has erupted into a partisan brawl. Hogan’s campaign attorney, Dirk Haire, who also chairs the Maryland Republican Party, will ask the state prosecutor’s office to launch an official misconduct investigation if state Attorney General Brian Frosh does not act to block the fine, which was proposed by staffers at the Board of Elections in response to a complaint from Maryland Democratic Party Chairperson Kathleen Matthews. Haire is also threatening to file a complaint alleging Frosh’s campaign illegally charged children for ice cream at a fundraiser.

Missouri
Councilwoman Repays Lobbyist, Concerned over Gifting
St. Joseph News-Press – Brendan Welch | Published: 9/6/2017

St. Joseph City Council Member Joyce Starr presented a check to a local lobbyist during a council meeting to avoid taking what she considered to be an unethical gift. Starr said council members often go out in a group after meetings to HiHo Bar and Grill, and Kenneth Reeder, a local political activist and lobbyist, is usually in attendance. She said after the August 11 council meeting, she discovered Reeder was being repaid for purchasing them dinner and drinks, and was not comfortable with it. Starr said the check was only for four dollars, “but it’s just the principle of the thing.”

South Carolina
Rep. Jim Merrill Pleads Guilty to Misconduct, Agrees to Assist Investigators in Statehouse Corruption Probe
Charleston Post and Courier – Glenn Smith and Andrew Brown | Published: 9/1/2017

South Carolina Rep. Jim Merrill pleaded guilty to using his office for personal profit, resigned his seat in the Legislature, and was sentenced to one year of probation. The plea agreement requires him to cooperate with state investigators and the FBI as they continue to probe corruption at the statehouse. Merrill was accused of using his office and his consulting firm to garner more than $1 million from trade groups and companies at a time when he was both a lawmaker and a consultant. He failed to report money he received from companies and groups that lobby legislators, did not file reports of campaign-related spending from the House Republican Caucus, and overcharged for his work.

Texas
Court: Texas Can Enforce New Voter ID Law in November
Governing – Allie Morris | Published: 9/6/2017

A federal appeals court panel ruled Texas can use its revised voter ID measure for the upcoming November elections, the latest in a series of winding legal battles on whether the state has intentionally discriminated against black and Latino voters through its original law passed in 2011 In August, U.S. District Court Judge Nelva Gonzales Ramos threw out Senate Bill 5, which the state Legislature passed earlier this year and in some ways softened the previous requirements that Texans present one of seven forms of photo ID at the polls in order to cast a ballot. Ramos said the state’s new voter ID law failed to fix the intentional discrimination against minority voters found in a 2011 law. The stay suspends that order until the appeals court can hear the merits for and against the state’s appeal.

Texas
Fred Lewis Appointment Stirs Controversy
Austin Monitor – Jo Clifton | Published: 9/1/2017

Fred Lewis, an attorney who served as the main architect of Austin’s new lobbying ordinance, surprisingly became the center of a controversy when the city council appointed him to serve on the Charter Review Commission. Lewis worked for many months on an ordinance specifically aimed at preventing lobbyists from serving on city commissions.

West Virginia
Charge Dropped Against Reporter Who Questioned Tom Price
New York Times – Matt Stevens | Published: 9/6/2017

West Virginia prosecutors dropped charges against a reporter who was arrested after peppering U.S. Health and Human Services Secretary Tom Price with healthcare policy questions while following him down a hallway at the Capitol. Prosecutors said the reporter, Dan Heyman, broke no laws. Heyman was arrested and jailed for willful disruption of state government processes. The arrest drew condemnation from civil rights and journalists’ rights groups, who said Heyman was merely performing his constitutionally protected duties.

Wisconsin
Report: New Ethics Commission has conducted just 1 investigation, says compliance is up
Wisconsin State Journal – Mark Sommerhauser | Published: 9/3/2017

A new report shows Wisconsin’s Ethics Commission investigated just one alleged violation in its first year of operation. That is a far less active pace than its predecessor, the Government Accountability Board (GAB). Republican lawmakers and Gov. Scott Walker created the Ethics Commission, saying the GAB was too partisan. Much of the new commission’s workings are shrouded by law. Hidden from public view are complaints alleging violations of ethics, campaign finance, or lobbying laws, as well as deliberations by the commission on whether to investigate complaints.

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.