National:

One Person, One Algorithm, One Vote: Campaigns are doing more with data, for better or worse
Capital Times – Katelyn Farrell | Published: 1/3/2017

After an election where political campaigns were blamed or credited for relying on voter data to an unprecedented degree, Young Mie Kim, a professor and researcher at the University of Wisconsin’s School of Journalism and Mass Communication, is studying how campaigns used that data across the country. Much like how businesses market products, political campaigns are increasingly focusing on sophisticated data-driven calculations, used to persuade voters and get them to the polls. Those predictions inform campaign strategy and often dictate how a candidate interacts with the electorate.

Federal:

House Republicans, Under Fire, Back Down on Gutting Ethics Office
New York Times – Eric Lipton and Matt Flegenheimer | Published: 1/3/2017

House Republicans abruptly withdrew a proposal to weaken an ethics watchdog in a rocky start to the new Congress. The 115th session had not even formally gaveled in before House leaders held an emergency meeting to discuss blowback against the GOP’s vote to eviscerate the independent the Office of Congressional Ethics (OCE). The reversal came hours after President-elect Donald Trump issued a series of tweets questioning the timing of the changes, which would put the OCE under oversight of the House Committee on Ethics. Even before Trump weighed in, a barrage of negative headlines and public outcry made it difficult for Republicans to stand by the measure.

House Votes to Require Disclosure of Presidential Library Donations
The Hill – Megan Wilson and Cristina Marcos | Published: 1/4/2017

The U.S. House passed a bill that would give the public a better view of donations going to presidential libraries. It is the fourth time since 2002 that the House has approved the bipartisan legislation, known as the Presidential Library Donation Reform Act. The bill has died in the Senate each time it has been introduced. The bill would require quarterly disclosure of donations to presidential libraries totaling $200 or more. While lobbyists and organizations that hire them must file semi-annual reports listing all political donations, which include any financial or in-kind gifts to presidential library nonprofits, those foundations are not required to disclose their donors. Lawmakers of both parties said letting the public know who is donating to outgoing presidents’ libraries would shine light on potential “pay-to-play” attempts.

Rep. Duncan Hunter’s Team Responds to Uproar Over Rabbit Expenses
Yahoo News – Michael Walsh | Published: 1/4/2017

U.S. Rep. Duncan Hunter spent $600 of his campaign funds in “cabin rabbit transport fees.” The pet travel was part of $62,000 in personal or not properly documented campaign expenses that Hunter has reimbursed his campaign for. The Office of Congressional Ethics (OCE) conducted a review of Hunter’s campaign spending last year. According to Hunter spokesperson Joe Kasper, there was “no intent” by Hunter to misuse campaign funds on personal matters. Hunter’s team intentionally floated the rabbit story to demonstrate how, from its perspective, the OCE has misconstrued simple mistakes as unethical conduct.

Trump and Julian Assange, an Unlikely Pair, Unite to Sow Hacking Doubts
New York Times – Scott Shane | Published: 1/4/2017

President-elect Donald Trump recently tweeted praise for a man most Republicans wanted nothing to do with – Julian Assange, the founder of WikiLeaks. It was not the first time Trump had praised WikiLeaks. During his campaign for president, he highlighted emails stolen from the Democratic National Committee and Hillary Clinton’s campaign. Since then, Trump has continued praising the radical transparency group, harshly criticized by President Obama and other officials for what they describe as damaging national security leaks. And Trump has been in sync with conservative media, once critical of WikiLeaks, which increasingly embraces Assange as a hero.

Trump to Face Sworn Deposition in Coming Days
Politico – Josh Gerstein | Published: 1/5/2017

With President-elect Donald Trump’s swearing-in fast approaching, many of the high-profile lawsuits that entangled him during the campaign are all but certain to carry on through his inauguration and into his tenure at the White House, and he will even inherit some new ones. Trump and his companies face scores of pending lawsuits, including cases claiming skimming of tips at his New York SoHo hotel, seeking refunds of millions of dollars in membership fees charged by his country club in Jupiter, Florida, and alleging his security personnel assaulted protesters outside Trump Tower. And in a bizarre twist, Trump’s Justice Department will find itself defending against a slew of lawsuits relating to Hillary Clinton’s use of a private email server while she was secretary of state.

From the States and Municipalities:

Alabama – Governor Bentley Has Former Rep. Terry Spicer Removed from State Job
Dothan Eagle; Staff –   | Published: 1/4/2017

Alabama Gov. Robert Bentley says a former state representative, who pleaded guilty to bribing a lobbyist, will no longer work at a state liquor store. Bentley said he told his chief of staff to advise the Alcohol Beverage Control Board that former Rep. Terry Spicer will not be employed. Spicer pleaded guilty in 2011 to taking cash and a ski vacation from a lobbyist. Spicer, a former school superintendent and community college employee, needs more time in state employment to draw his pension.

Arkansas – Arkansas State Legislator Neal Pleads Guilty in Kickbacks Scheme
Arkansas Online – Doug Thompson | Published: 1/5/2017

Arkansas Rep. Micah Neal pleaded guilty to directing state funds to two nonprofit organizations in exchange for kickbacks. As part of his plea, Neal admitted that between January 2013 and January 2015, while serving in the House, he conspired with a state senator to use their official positions to appropriate budget surplus funds, known as General Improvement Fund money, to two nonprofit organizations in exchange for bribes. The unnamed state senator involved is described in court documents as serving “in the Arkansas Senate from 2013 to the present. Prior to his service in the Arkansas Senate, Senator ‘A’ serves as a representative in the Arkansas House of Representative from 2007 to 2012.” Four members of the state Senate have political careers that fit that description.

California – Political Donations Flow as Rick Caruso Seeks Approval for a 20-Story Tower Near the Beverly Center
Los Angeles Times – David Zahniser | Published: 12/28/2016

Real estate developer Rick Caruso has been a reliable benefactor at Los Angeles City Hall, giving big donations to the city’s politicians and their pet causes. Now, Caruso wants the mayor and city council to approve a 20-story residential tower on a site where new buildings are currently limited to a height of 45 feet. Opponents of the project view Caruso’s political contributions with alarm, saying the steady stream of money has undermined their confidence in the city’s planning process.

Florida – Ron Book Is Big Winner in Local Government Lobbying Contracts
Miami Herald – Steve Bousquet | Published: 1/3/2017

The Florida House is now posting copies of contracts between lobbyists and local governments online and nearly half of the first set of contracts posted are with Ron Book, who has been a fixture in the halls of the Capitol for four decades and has built local government lobbying work into a cottage industry in the state. Lobbyists hired to represent local governments often get unparalleled access to the powerful because they make campaign contributions, which cities and counties cannot do.

Indiana – State Senator Introduces Ethics Bill to Ban All Gifts from Lobbyists
WTHR – Bob Segall | Published: 1/3/2017

Indiana Sen. Mike introduced a bill that would make it illegal for lawmakers to accept a gift from a lobbyist. Gifts prohibited by the proposed legislation would include anything that has value, such as tickets to athletic events, and anything that may be classified as entertainment. The bill would also require lobbyists to keep a public log of all communication with lawmakers, and lobbyists would have to update those logs frequently. Texts and emails between lobbyists and state lawmakers would for the first time become public records.

Missouri – Missouri Campaign Contribution Limits Remain in Place After Latest Hearing
St. Louis Post-Dispatch – Kurt Erickson | Published: 12/29/2016

In a federal court hearing, opponents of a new Missouri law limiting campaign contributions withdrew a request to block the caps. U.S. District Court Judge Catherine Perry said she wants to first hear arguments about the merits and pitfalls of the new limits before deciding whether to place a temporary hold on the caps while the lawsuit moves through the legal system. Under the change to the state constitution, Missouri voters capped donations to individual candidates at $2,600 per election. Maximum contributions to a political party would be set at $25,000.

Montana – Montana Fails to Retain Decades of Emails Despite Open Government Law
The Missoulian – Jayme Fraser | Published: 1/2/2017

The state archives are supposed to be the final destination for the most important records about Montana government and how leaders made their decisions. Experts say the fact that no emails are saved there is a sign something is wrong. They describe a two-pronged problem: agencies are deleting emails too soon and the archives do not have the storage or equipment to accept them. As a result, Montanans have lost decades of public information. Retention decisions are made by individual state agencies, and few of them have preserved emails consistently, if at all.

New York – Why Developers of Manhattan Luxury Towers Give Millions to Upstate Candidates
ProPublica.org – Cezary Podkul and Derek Kravitz (ProPublica), and Will Parker (The Real Deal) | Published: 12/30/2016

ProPublica and The Real Deal mapped contributions from limited liability companies and individuals tied to the 60 biggest developers of New York City rental properties receiving a lucrative state subsidy. While it has long been known that developers donate a lot of money to state elections, the analysis shows for the first time just how tactical the industry is about bankrolling candidates across the state that are friendly to its cause. The state oversees New York City’s system of capping rent increases, known as rent stabilization. By influencing state elections, developers have undermined rent stabilization and preserved a key tax break that saves them far more money than they spend on political campaigns.

South Carolina – South Carolina’s Pending Ethics Commission Isn’t All That Independent, Experts Say
Charleston Post and Courier – Maya Prabhu | Published: 1/3/2017

South Carolina lawmakers voted last year to create an eight-member Ethics Commission that will be appointed by April 1. While outside groups applauded the move in the wake of scandals in the state, others cautioned there is still room for politics to creep in. Many give South Carolina credit for taking a step, however small, toward having its suspect lawmakers investigated by a separate entity when accused of wrongdoing.

Tennessee – Attorney General Says Political Fundraisers at TN Governor’s Mansion, State Property Legal
Chattanooga Times Free Press – Andy Sher | Published: 1/5/2017

Holding campaign fundraisers at the governor’s mansion and other state property is legal, said an opinion issued by Tennessee Attorney General Herbert Slatery. In an unrelated opinion, Slatery said social media accounts that are created and maintained by a municipality can be a matter of public record.

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.

Denver City Council approved a bill this week amending the city’s lobbying ordinance. Council Bill No. CB16-0920 narrows the definition of lobbying and changes registration and reporting requirements.

Lobbying no longer includes appearances to give public testimony at council hearings or at the request of public officials or employees. Additionally, instead of renewing a registration each year on the registrant’s anniversary date, every lobbyist will be required to renew his or her registration annually by January 15.

Lobbyists are also now required to file bi-monthly reports. Such reports must include an itemized list and the estimated value of all gifts, entertainment, and direct or indirect expenditures to, on behalf of, or benefiting a covered official for lobbying purposes. The changes are effective immediately.

Procurement Lobbying Compliance Laws for Government Relations Professionals, focuses solely on corporate compliance related to procurement lobbying, and is of particular importance as federal, state, and local governments purchase trillions of dollars of goods and services.

This online publication presents all procurement lobbying laws in the 50 states, the federal government, and more than 300 municipal jurisdictions, along with common-language descriptions of these same ordinances and statutes. It is a must-have reference for any and every company doing business with states and municipal governments.

Learn more about all of the Online Publications for Government Relations Professionals from State and Federal Communications, or try a free demo today to see all the ways this online publication can help you in your procurement efforts.

Sen. Mike Delph introduced a bill prohibiting Indiana legislators from accepting gifts from lobbyists. The gift ban would include any property with value, including sporting event tickets and anything classified as entertainment.

Along with the gift ban, the bill would require lobbyists to keep a log of all communication between a lobbyist and legislator, or employees of the general assembly, about a legislative matter. The log would be public record and filed weekly. If passed, the bill would be effective January 1, 2018.

Lobbying

Florida: “Ron Book Is Big Winner in Local Government Lobbying Contracts” by Steve Bousquet for Miami Herald

Indiana: “State Senator Introduces Ethics Bill to Ban All Gifts from Lobbyists” by Bob Segall for WTHR

Campaign Finance

“Rep. Duncan Hunter’s Team Responds to Uproar Over Rabbit Expenses” by Michael Walsh for Yahoo News

Ethics

“Trump’s Agenda Would Boost His Bottom Line” by Darren Samuelsohn for Politico

Montana: “Montana Fails to Retain Decades of Emails Despite Open Government Law” by Jayme Fraser for The Missoulian

Oregon: “Two of Kate Brown’s Staffers Resign Following Conflict of Interest Questions” by Hillary Borrud for The Oregonian

South Carolina: “South Carolina’s Pending Ethics Commission Isn’t All That Independent, Experts Say” by Maya Prabhu for The Post and Courier

Elections

“It Started with a Retiree. Now the Women’s March Could Be the Biggest Inauguration Demonstration.” by Ben Stein and Sandhya Somashekhar for The Washington Post

Virginia: “The GOP Race for Lieutenant Governor Is Getting Ugly in Virginia” by Laura Vozzella for The Washington Post

Wisconsin: “One Person, One Algorithm, One Vote: Campaigns are doing more with data, for better or worse” by Katelyn Farrell for The Capital Times

Legislative Issues

Pennsylvania: “Pennsylvania House Revises Rules for Expelling Members” by Karen Langley for Pittsburgh Post-Gazette

On January 3, U.S. Sen. Ted Cruz and U.S. Rep. Ron DeSantis proposed an amendment to the U.S. Constitution to impose term limits on members of Congress. The amendment would limit Senators to two six-year terms and House members to three two-year terms.

In a press release, Cruz states, “The time is now for Congress, with the overwhelming support of the American people, to submit this constitutional amendment to the states for speedy ratification.”

The election of a person filling a vacancy in the House would be counted as one term if the person fills the vacancy for more than one year. In the Senate, the vacancy would have to be filled for more than three years to be counted.

Lobbying

Maryland: “Interim City Solicitor Pays Rent to Powerful Lobbyist’s Firm” by Doug Donovan for Baltimore Sun

Nevada: “Nevada High School Students Learn the Legislative Ropes and Pass Real Laws” by Sandra Chereb for Las Vegas Review-Journal

Campaign Finance

California: “Political Donations Flow as Rick Caruso Seeks Approval for a 20-Story Tower Near the Beverly Center” by David Zahniser for Los Angeles Times

Ethics

“House GOP Reverses Course on Gutting Ethics Panel” by Rachel Bade for Politico

Indiana: “Critics Want Tighter Restrictions on Post-Legislative Work” by Hayleigh Colombo for Indianapolis Business Journal

Montana: “Political Practices Commissioner to Remain in Office for Now” by Matt Volz (Associated Press) for The Missoulian

Oklahoma: “Oklahoma House Has Sketchy Recent History with Policing Its Own” by Barbara Hoberock for Tulsa World

Texas: “Senator Goes for Low-Hanging Fruit in Ethics Reform” by Jay Root for Texas Tribune

Elections

Minnesota: “In Minneapolis City Council Races, So Far There’s Left, and Further Left” by Adam Betz for Minneapolis Star Tribune

Legislative Issues

Maine: “1-Sentence Draft Bills Criticized for Lack of Transparency” by Marina Villeneuve (Associated Press) for Fairfield Citizen

On Friday, North Carolina filed an emergency motion with the U.S. Supreme Court to issue a stay on the federal appeals court ruling that North Carolina must hold special elections in November 2017 for General Assembly seats in unconstitutionally gerrymandered districts.

The legislature would need to redraw districts by mid-March to comply with the ruling. Supreme Court Chief Justice John Roberts set the deadline for a response in the case for January 9, 2017.

The District 20 seat will soon be vacant when Congressman-elect James Raskin (D) transfers to Washington, D.C. and Delegate Will Smith (D) fills Raskin’s position in the Maryland Senate.

Two public forums will be held by the Montgomery County Democratic Central Committee in January to recommend one of the six candidates pursuing the spot. Gov. Larry Hogan has 30 days to make the appointment based on the recommendations of the party committee.

A new lobbying law took effect on January 1, 2017, requiring lobbyists to register with the city clerk, to inform the city of their clients, and to wear lobbyist badges when in City Hall.

The ordinance also includes civil and criminal penalties for registration violations. The Registration and Regulation of Lobbyists ordinance adopted by the Reno City Council on October 12, 2016, is the first law requiring lobbyist registration in the City of Reno.

Following a rebuke in a series of tweets from President-elect Donald J. Trump and negative public reaction, the vote yesterday by the House Republican Conference to weaken the Office of Congressional Ethics has been reversed.

This morning Trump tweeted, “With all that Congress has to work on, do they really have to make the weakening of the Independent Ethics Watchdog, as unfair as it may be, their number one act and priority. Focus on tax reform, healthcare and so many other things of far greater importance! #DTS.” The hashtag #DTS is recognized to stand for the term “drain the swamp.”

House Majority Leader Kevin McCarthy offered a motion to restore the current OCE rules, which was accepted by the conference, according to Politico. Republicans planned to replace the Office of Congressional Ethics with a standing committee called the Office of Congressional Complaint Review, which would report to the House Ethics Committee. The resolution put forward by Republicans would have limited the power of investigation and the independence of the Office of Congressional Ethics.

On January 1, the Rhode Island Lobbying Reform Act took effect. The Act repeals the lobbying laws in Title 22 and Title 42 in the state’s statutes and enacts a new consolidated code section covering both the legislative and executive branches of government.

Among the changes in the new law are the simplification of lobbyists’ reporting requirements, an increase in penalties for failing to comply with lobbying requirements, and the allowance for more investigative and administrative authority for enforcing the lobbying laws, including administrative subpoena power.

On January 1, the Election Finances Statute Law Amendment Act took effect, prohibiting political contributions from corporations and labor unions and lowering the province’s contribution limits from individuals.

The new law also prohibits all provincial politicians, candidates, and senior political staffers from attending fundraising events, with certain exceptions.

Third-parties, who currently face no spending restrictions on advertising, are now limited to $100,000 per election period and $600,000 in the six months before a general election is called.

On January 1, new changes to regulations concerning gifts for federal employees took effect.

Among the changes the Office of Government Ethics (OGE) made to the federal regulations include a non-binding recommendation employees “consider declining otherwise permissible gifts if they believe that a reasonable person with knowledge of the relevant facts would question the employee’s integrity or impartiality as a result of accepting the gift.”

Additionally, federal officials who are required to be granted permission to attend “widely attended events” must now seek the permission in writing.

The $20 threshold for accepting a gift remains the same.