On September 8, a 101-page sworn criminal complaint was filed against a former Texas Ethics Commissioner. Michael Quinn Sullivan filed the complaint against Tom Harrison with the Travis County District Attorney’s Office, according to The Lead.

Harrison, who resigned this year from the Ethics Commission, is alleged by Sullivan to have violated state bribery laws while he was a commissioner. Sullivan is president of Empower Texans, a nonprofit organization created to encourage governmental fiscal responsibility, according to the organization’s website.

On October 20, California’s Fair Political Practices Commission (FPPC) will consider a proposed regulation to provide further direction on how nonprofit organizations should report donor names relating to travel payments.

The proposed regulation would create Form 807 for the purpose of disclosing donor information of nonprofits that regularly organize and host travel for elected officials.

The FPPC is accepting written comments on the proposal until October 18, 2016.

The South Dakota panel assembled by Secretary of State Shantel Krebs to review campaign finance laws showed support of a proposal to allow direct contributions from individual organizations like businesses and labor unions.

The panel met Tuesday, September 6 and will meet two more times before finalizing proposals that will be requested from the Legislature in January. The panel is also expected to propose new campaign finance reporting requirements.

The first special session of 2016 adjourned sine die on September 7, 2016. Gov. Robert Bentley’s lottery proposal failed in the Senate. Instead, the Legislature approved House Bill 36 to use part of the BP oil settlement to provide funds for the Alabama Medicaid Agency.

Despite legislators attempts to use the special session to revamp the ethics laws, House Bills 10, 11, and 32 were not passed.

On September 1, 2016, the Alabama Ethics Commission unanimously approved an opinion clarifying when a state employee may seek private employment.

The opinion stated no public employee may ask a lobbyist for a job or a job interview, but may seek employment from principals without quitting their current jobs. As always, state employees must be aware of any conflicts of interest that may emerge in the pursuit of private sector employment.

The opinion will be effective following a 30-day public comment period on October 1, 2016.

A judge has ordered a campaign finance ballot measure be placed on the ballot in November. After the County Commission rejected the proposal for containing legally insufficient language, An Accountable Miami-Dade filed a petition for a writ of mandamus last week.

The political committee asked the court to force the County Commission, the Mayor, and the Supervisor of Elections to place the measure on the ballot. Circuit Court Judge William Thomas granted the petition, stating the group met all of the requirements to get a proposal on the ballot, including gathering nearly 130,000 signatures.

The County has appealed the ruling and a hearing has been set for next week before the Third District Court of Appeal.

If successfully passed, the measure will reduce the campaign contribution limit from $1,000 to $250 and ban vendors, their lobbyists, and immediate family members from contributing to county candidates.

Broward Health, the county’s hospital system, has implemented its decade-old lobbyist registration policy through a new website. The website contains information about the policy, registration procedures, and expenditure reporting.

Lobbyists engaged to lobby the North Broward Hospital District, its Board of Commissioners, or its employees must register with the Vice President for Government Relations prior to engaging in lobbying. There is a registration fee of $40 for each client represented and registrations must be renewed by July 1 each year. Registered lobbyists must also file an annual statement of expenditures by July 30, covering July 1 of the prior year through June 30.

The policy also outlines requirements for lobbyist hired to represent the Hospital District before certain state, county, and local government units.

More information regarding lobbyist policies and procedures is available on Broward Health’s website at https://app.browardhealth.org/lobbyist.

A special election will be held on November 8, the same day as the general election, to fill the state’s First Congressional District seat. Rep. Ed Whitfield, who already stated he would not seek reelection, announced his resignation last week amid concerns he granted special favors to his lobbyist wife. His resignation was effective on September 6.

Gov. Matt Bevin announced the special election will be held to fill the seat for the final two months of the term. Republican nominee James Comer, who was already running to take Whitfield’s place, is expected to be the nominee in special election as well.

A judge has ordered a special election for House District 78 after a candidate lost the Democratic primary by roughly 90 votes. Although Bruce Franks won the in-person vote, his opponent’s margin of victory came solely from absentee ballots. Franks filed suit alleging people who cast absentee ballots did not qualify to apply for them.

Circuit court judge Rex Burlison ordered a special election be held September 16 because the board of elections violated state law by failing to require all absentee votes be in the proper absentee ballot envelopes.

The Tennessee General Assembly convened a special session today, September 12. State lawmakers have been tasked with fixing the state’s drunken driving law to prevent a loss in federal highway funding. The U.S. Department of Transportation will withhold funds if the state does not change the maximum allowable blood alcohol content for drivers under 21 in order to comply with federal rules.

Gov. Bill Haslam expects the session to last up to three days.

Photo of the Tennessee House Chamber floor by Ichabod on Wikimedia Commons.

Lobbying

“Lobbyists Prepare for Clinton Win” by Megan Wilson for The Hill

Campaign Finance

“Prolific Donor Trump, Often Skirted Rules, Paid Fines” by Drew Griffin, David Fitzpatrick, and Tom LoBianco for CNN

California: “Political Paradox? Prop. 59 Asks Californians to Condemn a Big-Money System Long Used Here” by Laurel Rosenhall for CALmatters.org

Illinois: “Judge: Illinois campaign finance law constitutional” by Michael Tarm (Associated Press) for State Journal-Register

Oregon: “Portland Reconsiders Public Money for Political Campaigns” by Brad Schmidt for Portland Oregonian

South Dakota: “Panel Ponders Allowing Businesses to Open Checkbooks for Candidates” by Bob Mercer for Black Hills Pioneer

Ethics

California: “Scandal Plagues City of Commerce, but Generous Services Help Blunt Public Scrutiny” by Adam Elmahrek for Los Angeles Times

Elections

“Hillary Clinton’s ‘Invisible Guiding Hand’” by Shane Goldmacher for Politico

Minnesota: “U Launches First-of-Its-Kind Program for Elections Officials” by Kelly Smith for Minneapolis Star-Tribune

Texas: “Court Filing Accuses Texas of Misleading Voters Without IDs” by Michael Wines for New York Times

Legislative Issues

Tennessee: “Beth Harwell: Jeremy Durham expulsion vote will happen” by Joel Ebert and Dave Boucher for The Tennessean

Lobby Comply is taking a holiday break. We will be back on Monday, September 12.

Enjoy your Labor Day holiday!

The Marijuana Policy Project, a Washington, D.C. based nonprofit advocate for reforming marijuana laws, and the Institute for Justice filed a First Amendment challenge in federal court to Alabama’s training requirement for lobbyists.

The training class is mandatory and held four times a year in Montgomery.

The Marijuana Policy Project is asking the court to block the burdensome requirement as it infringes on the right to talk to government officials about matters of public policy.

Gov. Paul LePage stated he would not be resigning over his alleged racist remarks and profanity-laced voicemail to Rep. Drew Gattine. LePage has publicly apologized to the citizens of Maine and privately to Gattine for his actions.

Democratic members of the Legislature wanted a special session in order to issue an official censure of LePage’s behavior.

On August 29, 2016, Republican legislative leaders responded to the controversy by convening a closed-door meeting with LePage to discuss his future in politics.

Photo of Gov. Paul LePage by MattGagnon on Wikimedia Commons.