The Missouri Ethics Commission has fined a citizen activist for failing to register as a legislative lobbyist.

Registration is required for legislative lobbying if an individual attempts to influence official action and is designated to act as a lobbyist by any person, business entity, or other entity. Ronald Calzone was never paid to communicate with legislators and has never been formally designated to lobby on behalf of any person or entity. The commission believes Calzone, who frequently shares his opinions with state legislators, has self-designated himself as a legislative lobbyist within the meaning of state law.

Calzone filed suit last week in the U.S. District Court for the Western District of Missouri claiming the commission is violating his first amendment rights absent a legitimate state interest. He also claims the word “designate” is unconstitutionally vague, facially and as-applied in his case.

Utah Gov. Gary Herbert will likely call a special session in mid-November to remedy a flawed road funding formula based on a statewide gas price increase.

The faulty gas tax bill was passed earlier this year in the Legislature’s general session to correct a mistake in the 2015 transportation funding reform. The 2016 bill was based on differing calculations resulting in a funding deficit for some cities and counties in the state.

No other items are expected to be added to the special session agenda.

In Utah, special sessions typically take place on the monthly interim study days with November 16 being the only such day remaining this year.

Photo of the Utah State Capitol by Robert Cutts on Wikimedia Commons.

Mayor Jim Kenney signed an executive order this week making changes to the city’s ban on gifts to executive branch employees.

Executive Order 10-16 specifically mentions lobbyists as a prohibited source of gifts, whereas the previous administration’s order only mentions persons seeking business with the city or those seeking legislative or administrative action. Furthermore, gifts are now prohibited for a 12-month period from anyone seeking official action to the specific officer or employee from whom action was sought.

The new order does, however, carve out several exceptions to the prohibition, including the acceptance of food, beverage, and entertainment at a reception open to the public. These changes are effective immediately.

Photo of Mayor Jim Kenney by Jeff Meade on Wikimedia Commons.

The Philadelphia Board of Ethics has voted to approve, for public comment, proposed amendments to the city’s lobbying regulation.

The proposed changes to Regulation 9 include a substantial reorganization as well as more substantive changes such as increasing the lobbyist registration fee from $100 to $200 and clarification on what must be disclosed on quarterly reports.

A public hearing for the proposed amendments is set for November 16, 2016, at 1:00 p.m. at the Board of Ethics.

On October 26, new amendments were offered to a contentious bill moving through the Legislative Assembly of Ontario banning corporate political contributions.

Bill 2, Election Finances Statute Law Amendment Act, 2016, was introduced in the Legislative Assembly of Ontario in September to amend the current campaign finance laws. The bill prohibits corporations, unions, and unincorporated groups not affiliated with political parties from making political contributions to parties, candidates, constituency associations, and nomination and leadership contestants.

According the National Post, new amendments introduced by Ontario’s Liberal government would prohibit any members of the provincial parliament, party leaders, nomination contestants, candidates, and leadership contestants from attending fundraisers, with certain exceptions. Opponents of the bill say those exceptions provide loopholes.

Other changes in the bill are disclosure requirements for political parties concerning fundraisers.

If passed, the law would come into force on January 1, 2017.

National:

Insurers Give Big to Races Determining Their Regulators
Center for Public Integrity – Michael Mishak | Published: 10/20/2016

The insurance industry has pumped more than $6 million into political efforts to influence a dozen state races that determine who regulates the nation’s insurance companies. The giving is a critical part of a larger operation aimed at affecting the sleepy world of insurance regulation. A Center for Public Integrity investigation found a pattern of coziness between state insurance commissioners and the insurers they regulate, involving lavish dinners, corporate-backed trips to luxury resorts, and the implicit promise of industry jobs once commissioners leave office. Yet it starts with campaign contributions. Over the past decade, insurance companies and their employees were among the top political donors to commissioner candidates in at least six of the 11 states that elect regulators. And they are consistently among the top contributors to the two major political groups active in gubernatorial races.

Federal:

Brand Promotions Suggest Donald Trump Is Looking Past Election Day
New York Times – Maggie Haberman and Nick Corasaniti | Published: 10/26/2016

Time is running out on Donald Trump’s presidential campaign, but his closing argument sounds as much about his business interests as his electoral ones. As Hillary Clinton and her surrogates fan out across the battleground states, Trump’s schedule has found plenty of room for self-promotion. His actions are a remarkable display of personal promotion by a presidential nominee, raising questions about whether Trump, who has lived by the mantra that “all publicity is good publicity,” is at least partly casting his eye past the 2016 race, and toward bolstering the brand that bears his name.

Clinton Sticks with Obama’s Strict Lobbying Rules – for Now
Politico – Anna Palmer and Andrew Restuccia | Published: 10/26/2016

Hillary Clinton’s campaign is limiting how federal lobbyists can work with the transition teams that are tasked with planning for the transfer of power at dozens of key agencies. The campaign’s policy operation, which is a separate entity from the transition team, continues to be the point of contact for companies, consultants, and lobbyists. It is an indication that Clinton is unlikely to abandon all of the lobbying restrictions imposed by President Obama. The transition operation’s ethics pledge mandates that transition officials recuse themselves from working on any issues on which they have lobbied in the past year. The rules also require transition staff who stay in the private sector to agree, for one year, not to appear before or seek to influence any federal agency they focused on during the transition.

For Some Conservative Female Pundits, This Election Has Been a Nightmare
Washington Post – Kelsey Snell | Published: 10/25/2016

In CNN’s green room, the conservative women saturating the cable network’s prime-time lineup this election season typically make small talk. But recently, the silence backstage can be deafening. Especially when the subject is Donald Trump and his behavior toward women. This painful debate plays out nearly every night in front of millions of viewers, and it has only gotten more graphic and personal since the release of a videotape depicting Trump boasting about groping women. For conservative women like S.E. Cupp, a Trump opponent, this election has become a nightmare. These women say they would rather be explaining why Hillary Clinton is a bad choice for president, but Trump is like an asteroid blocking out all of the sun that might shine in a normal election.

How Mega-Donors Helped Raise $1 Billion for Hillary Clinton
Washington Post – Matea Gold and Anu Narayanswamy | Published: 10/24/2016

Determined not to fall behind in raising money for her presidential bid, Hillary Clinton ramped up her appeals to rich donors and shrugged off restrictions that President Obama had imposed on his fundraising team. Even as her advisers fretted about the perception that she was too cozy with wealthy interests, they agreed to let lobbyists bundle checks for her campaign, including those representing some foreign governments, emails show. Top aides wooed major donors for super PACs, taking advantage of the leeway that campaigns have to legally collaborate with the groups on fundraising. The effort paid off. Together with the party and pro-Clinton super PACs, the Democratic nominee had amassed $1.14 billion to support her campaign by the end of September.

Judge Preserves Fattah Bribery Conviction, Overturns Other Parts of June Verdict
Philadelphia Inquirer – Jeremy Roebuck | Published: 10/21/2016

A federal judge rejected former U.S. Rep. Chaka Fattah’s bid for a new trial, spurning arguments that a recent U.S. Supreme Court decision narrowing the legal definition of bribery would have changed the outcome of his case. U.S. District Court Judge Harvey Bartle III overturned Fattah’s convictions on four counts of fraud and falsifying records, but otherwise endorsed the jury’s conclusion that he had accepted bribes from wealthy supporter Herbert Vederman in exchange for official acts. The decision was one of the first to affirm a guilty verdict in a federal bribery case since the Supreme Court vacated the conviction of former Virginia Gov. Robert McDonnell, a ruling that legal experts feared would make prosecuting public corruption cases more difficult.

Want a Presidential Appointment? Step 1: Oppo research on yourself
Politico – Sarah Wheaton, Nancy Cook, and Andrew Restuccia | Published: 10/24/2016

More than a dozen people who expect, or simply hope, to be tapped by Hillary Clinton or Donald Trump have already reached out to top lawyers for help in sifting through their finances and business dealings in anticipation of being nominated to a top post in the next administration. This need for private professional help – before an election is even over and the confirmation process has begun – has spawned a small yet influential cottage industry within big Washington, D.C law firms of professional vetters, who can charge anywhere from hundreds of dollars to as much as $1,000 per hour to sort through a potential nominee’s convoluted finances, tax returns, or even old arrest records.

What Drives Donald Trump? Fear of Losing Status, Tapes Show
New York Times – Michael Barbaro | Published: 10/25/2016

The intense ambitions and undisciplined behaviors of Donald Trump have confounded even those close to him, especially as his presidential campaign comes to a tumultuous end, and he confronts the possibility of the most stinging defeat of his life. But in the more than five hours of conversations – the last extensive biographical interviews Trump granted before running for president – powerful driving force emerges: his deep-seated fear of public embarrassment. The recordings reveal a man who is fixated on his own celebrity, anxious about losing his status, and contemptuous of those who fall from grace. They capture the visceral pleasure he derives from fighting, his willful lack of interest in history, his reluctance to reflect on his life, and his belief that most people do not deserve his respect.

From the States and Municipalities:

California – California Politician Shows Little Remorse, Gets Prison Time
Sacramento Bee – Brian Melley (Associated Press) | Published: 10/21/2016

Former California Sen. Ronald Calderon, once the most powerful member of a politically influential family, was sentenced to 42 months in prison after he pleaded guilty in a federal corruption case. Calderon admitted he had accepted tens of thousands of dollars in bribes in return for official favors. He took $12,000 worth of trips to Las Vegas from an undercover FBI agent who posed as the owner of a Los Angeles movie studio seeking his support for film tax credits, though the legislation never passed. The agent hired Calderon’s daughter for a $3,000 a month no-show job and paid $5,000 toward his son’s college tuition. Calderon also acknowledged helping a hospital owner maintain a health care fraud scheme in exchange for hiring his son each summer over three years.

California – The GOP Dead Zone: You won’t find any Republicans to vote for in L.A. County
Los Angeles Times – Javier Panzar | Published: 10/26/2016

When 818,000 voters in Los Angeles County fill out their ballots this election, they will find themselves in strange political territory: the only Republican names they will see will be presidential nominee Donald Trump and his running mate Mike Pence. In this GOP “dead zone” – spanning parts of five congressional districts, five state Assembly districts, and one state Senate district – not a single Republican candidate made it on to the November ballot. This scenario is the result of California’s relatively new, voter-approved primary system in which the two candidates who finish with the most votes in the June election go on to the general election, even if they are from the same party.

New Jersey – Bridgegate Offers Peek at Trenton’s ‘Political Shop’
MyCentralJersey.com – Dustin Racioppi | Published: 10/24/2016

Since the lane closings on the George Washington Bridge in 2013, New Jersey Gov. Chris Christie, and the private investigators his office hired, have maintained the Intergovernmental Affairs department led by Bill Stepien did not become politicized until after he left and turned over duties to Bridget Anne Kelly, who is accused of working with other officials to block access to the bridge as political retribution. But testimony and evidence in Kelly’s trial have contradicted those assertions and showed Stepien and his staff regularly mixing politics with policy, raising questions of ethics violations in the governor’s office and suggesting instances of quid pro quo.

North Carolina – Protests and Storms Make North Carolina’s Election Year ‘a Bizarre Experience’
New York Times – Richard Fausset | Published: 10/25/2016

There may be no other state with as much to sort through, or as much at stake on November 8, as North Carolina. Hillary Clinton and Donald Trump are in a tight battle there, one of the most contested swing states. The governor’s race between Pat McCrory and his Democratic challenger, state Attorney General Roy Cooper, may be the closest in the country, as well as being a sort of referendum on the state’s sharp right turn in recent years. And control of the U.S. Senate could be determined by an equally close race between U.S. Sen. Richard Burr, an incumbent Republican, and his Democratic challenger, Deborah Ross.

Pennsylvania – Kathleen Kane, Former Pennsylvania Attorney General, Is Sentenced to Prison
New York Times – Jon Hurdle and Richard Pérez-Peña | Published: 10/24/2016

Former Pennsylvania Attorney General Kathleen Kane was sentenced to 10 to 23 months in jail for illegally disclosing details from a grand jury investigation to embarrass a rival and lying about it under oath. She was also sentenced to eight years of probation by a Montgomery County judge who said Kane’s ego drove her to take down enemies and break the law. Kane feuded with Frank Fina, a former top state prosecutor. Seeking to undercut Fina, Kane leaked to The Philadelphia Daily News information about a grand jury investigation he had been involved in, a leak that would lead to the criminal investigation of her actions.

Pennsylvania – Kenney Amends Gifts Rules for His Staff
Philadelphia Inquirer – Claudia Vargas | Published: 10/27/2016

Philadelphia Mayor Jim Kenney signed an executive order that expands restrictions on gifts to city employees working in the executive branch. His action updated the Executive Order on Gifts to specifically prohibit executive branch employees from receiving gifts from registered lobbyists. The new executive order creates some specific exemptions, including that employees can accept food, beverages, or entertainment at a reception open to the public for which no ticket or invitation is required. Another change is that a city employee may not receive a gift from a person who sought some action from that employee within the preceding 12 months. The order takes effect immediately.

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.

Lobby Comply is pleased to announce the celebration of our 5,000^th blog post! We will continue to be your expert source, providing the latest news and analysis on campaign finance, lobbying, procurement, and ethics laws.

Thank you to all of our loyal readers!

Lobbying

“Clinton Sticks with Obama’s Strict Lobbying Rules – for Now” by Anna Palmer and Andrew Restuccia for Politico

“Top Lobbyists 2016: Hired guns” by Staff for The Hill

“Top Lobbyists 2016: Corporate” by Staff for The Hill

Campaign Finance

“Trump Stops Holding High-Dollar Fundraisers That Were Raising Big Cash for the GOP” by Matea Gold for Washington Post

Pennsylvania: “City Council Staffers Scolded, Fined for Helping Boss Fund-Raise on City Time” by Tricia Nadolny for Philadelphia Inquirer

Ethics

Michigan: “Trash Hauler Rizzo Tied to More Corruption Charges in Macomb County” by Tresa Baldas and Christina Hall for Detroit Free Press

Pennsylvania: “Kenney Amends Gifts Rules for His Staff” by Claudia Vargas for Philadelphia Inquirer

Elections

“Brand Promotions Suggest Donald Trump Is Looking Past Election Day” by Maggie Haberman and Nick Corasaniti for New York Times

“For Some Conservative Female Pundits, This Election Has Been a Nightmare” by Kelsey Snell for Washington Post

California: “The GOP Dead Zone: You won’t find any Republicans to vote for in L.A. County” by Javier Panzar for Los Angeles Times

North Carolina: “Protests and Storms Make North Carolina’s Election Year ‘a Bizarre Experience’” by Richard Fausset for New York Times

Lobbying

“K Street Gearing Up for Peak Busy Season” by Catherine Ho for Washington Post

“AT&T Set to Lobby for Merger with Deep Pockets and a Big Network” by Cecilia Kang and Eric Lipton for New York Times

Campaign Finance

“Republican Aaron Schock Fined for Excessively Soliciting Super PAC Funds” by Michael Beckel for Center for Public Integrity

Ethics

“Want a Presidential Appointment? Step 1: Oppo research on yourself” by Sarah Wheaton, Nancy Cook, and Andrew Restuccia for Politico

Massachusetts: “Federal Judge Questions DiMasi Codefendant’s Upcoming Release” by Milton Valencia for Boston Globe

New Jersey: “Bridgegate Offers Peek at Trenton’s ‘Political Shop’” by Dustin Racioppi for MyCentralJersey.com

Pennsylvania: “Is City Soda Tax Contract a Returned Political Favor?” by Claudia Vargas for Philadelphia Inquirer

Elections

“Why Struck-Down Voter ID Laws Trouble Would-Be Voters” by Michael Wines for New York Times

“Why the Justice Dept. Will Have Far Fewer Watchdogs in Polling Places” by Eric Lichtblau for New York Times

“What Drives Donald Trump? Fear of Losing Status, Tapes Show” by Michael Barbaro for New York Times

On October 19, 2016, two bills were introduced to the Michigan Legislature regarding campaign finance and ethics regulation.

House Bill 6007 prohibits, for 18 months after leaving office, a former member of the Michigan Legislature from making expenditures or receiving compensation or reimbursement for actual expenses for lobbying that equal or exceed the limit established to require registration as a lobbyist agent.

House Bill 5959 prohibits campaign contributions except during a year there is a primary, general, or special election for the office the candidate is seeking to be elected.

The Legislature has 11 scheduled days to approve bills for the 2016 legislative session.

On Election Day, Berkeley voters will consider a measure to create a voluntary system of public financing for city elections.

Measure X1 seeks to allow candidates agreeing to limit their acceptance of contributions to $50 or less to qualify for matching funds from the city in the amount of $6 for every $1 raised from Berkeley residents.

Measure X1 was made possible by the recent passage of SB 1107, which allows any state or local government in California to provide for the public funding of elections.

Lobbying

“Lobbyist-Bashing Trump Was Once a Lobbyist” by Ben Schreckinger for Politico

Florida: “Lobbyist Watch: Broward tourism prez Ritter and her lobbyist spouse” by Brittany Wallman for South Florida Sun Sentinel

Campaign Finance

“How Mega-Donors Helped Raise $1 Billion for Hillary Clinton” by Matea Gold and Anu Narayanswamy for Washington Post

New Mexico: “Official: $1M needed for campaign finance info system” by Morgan Lee (Associated Press) for Albuquerque Journal

Ethics

“Judge Preserves Fattah Bribery Conviction, Overturns Other Parts of June Verdict” by Jeremy Roebuck for Philadelphia Inquirer

California: “California Politician Shows Little Remorse, Gets Prison Time” by Brian Melley (Associated Press) for Sacramento Bee

Illinois: “Cubs Yank World Series Ticket Offer to Chicago Aldermen” by Hal Dardick for Chicago Tribune

Mississippi: “Epps Painted as Aggressor in Miss. Prison Bribery Case” by Jeff Amy (Associated Press) for Hattiesburg American

New York: “Nassau County Executive Is Arrested in Bribery Scheme” by Vivian Yee, William Rashbaum, and Arielle Dollinger for New York Times

Pennsylvania: “Kathleen Kane, Former Pennsylvania Attorney General, Is Sentenced to Prison” by Jon Hurdle and Richard Pérez-Peña for New York Times

Two special elections will take place on the same day as the general election, November 8, 2016, to fill vacancies due to resignations.

Del. Monty Mason resigned his House District 93 seat to run to replace the late Sen. John Miller in the First Senate District.

Del. Lionell Spruill also resigned to run for state Senate. Spruill left his House District 77 seat to run for Senate District 5, vacated by the now mayor of Norfolk, Kenny Alexander.

Both resignations are effective November 21, and the winners of the special elections will be sworn in on November 22.

A special election will be held on November 8, 2016, to fill the state’s 90th House District seat. Rep. Mary Fritz, who held the seat for three decades, died in July.

The winner of the special election will finish Fritz’s term, and the winner of the general election, held the same day, will serve the next term beginning in January.

Photo of Rep. Mary Fritz courtesy of the Connecticut House Democrats website.