The Washington Attorney General’s Office has been asked to give an informal opinion as to whether initiative campaigns need to disclose top five donors on signature gathering petitions. This request comes from Senator Pam Roach, who is taking issue with the Public Disclosure Commission’s advice for initiative campaigns to disclose top donors on petitions.

State law requires political committees to include their five top contributors on political ads about ballot measures that cost $1,000 or more. The issue is whether initiative petitions are advertisements and thus subject to the disclosure requirement. Because this issue arose during an election cycle, the Secretary of State’s Office will accept all valid petition signatures regardless of whether the donors are disclosed.

The second regular session of the 127th Legislature adjourned sine die April 29, 2016.

The statutory adjournment date was April 20, 2016; however, the Legislature spent an additional nine days in session.

Legislators successfully overturned 20 of the 30 vetoes by Gov. Paul LePage.

Photo of the Maine State House by Albany NY on Wikimedia Commons.

With scheduled renovations to begin May 1 at the Alaska Capitol, lawmakers are moving to a new location before continuing to work to fix the state’s multi-billion dollar budget deficit. Constitutionally, the legislature can remain in session for up to 121 days, despite a 90-day limit written into state law after voters passed a ballot initiative in 2008.

Senate President Kevin Meyer wants to remain in Juneau as long as the legislature remains in regular session. Last year, lawmakers moved to Anchorage following Gov. Bill Walker’s call for a special session.

On Wednesday, Walker announced he is prepared to call a special session in Juneau if the budget issue, including his plan for a broad-based tax, cannot be addressed before the 121-day deadline.

David Stewart, the head of a Pennsylvania construction business, pleaded guilty last week, on behalf of one of his businesses, for making illegal campaign contributions. The scheme involved executives at The Stewart Companies being reimbursed by the business for making contributions.

Direct corporate contributions are illegal in Pennsylvania, as are so-called straw donations.

Stewart’s company has been ordered to pay $100,000 in restitution, and Stewart has entered a first-time-offender deferral program but has not admitted any wrongdoing. Among the recipients of these contributions is U.S. Sen. Pat Toomey, who is facing a very close race for re-election this fall.

Redondo Beach City Council will consider adopting an ordinance to reform local campaign finance rules. The proposed ordinance will include new campaign contribution limits and a prohibition on nonelection cycle contributions.

The details of the ordinance, including contribution limit amounts, have yet to be narrowed down and will be a topic of consideration at the July 19, 2016 city council meeting. The city currently does not have any campaign contribution limits.

Rep. Ed Henry has collected enough signatures to formally begin an impeachment investigation against Gov. Robert Bentley.

Bentley has declined to step down amid a political scandal involving allegations of misuse of state funds and an affair with a former political adviser.

A judiciary committee will be established within the next few weeks to examine the merits for impeachment.

Photo of Gov. Robert Bentley by Sutherland Boswell on Wikimedia Commons.

Campaign Finance

“Sanders Is Biggest Spender of 2016 So Far – Generating Millions for Consultants” by Matea Gold and Anu Narayanswamy for Washington Post

Colorado: “House Votes for Disclosure of Independent Spending on Ads Touting Political Parties” by Jeff Roberts (Colorado Freedom of Information Coalition) for Colorado Independent

Colorado: “Groups May Take Aim at Denver Campaign Finance, Ethics Rules” by Jon Murray for Denver Post

New York: “De Blasio’s Office Gets Subpoenas as Inquiries into Fund-Raising Continue” by J. David Goodman for New York Times

North Carolina: “FEC Resets Campaign Donation Limits for NC Congressional Races” by Colin Campbell for Raleigh News & Observer

Ethics

Alabama: “Henry to File New Impeachment Articles against Bentley” by Brian Lyman for Montgomery Advertiser

Connecticut: “Questions Raised About Sale of Famous Political Collection” by Edmund Mahony for Hartford Courant

South Carolina: “Senate Passes Bills Aimed at Reforming State Ethics Laws” by Maya Prabhu for Charleston Post & Courier

Utah: “Donor Speed-Dating with Guv Doesn’t Sit Well with Some” by Robert Gehrke for Salt Lake Tribune

Elections

“Voters in Eastern Seaboard Primaries Embrace Trump” by Philip Rucker and Jose DelReal for Washington Post

“Clinton Decisively Wins Democratic Primaries in 4 States” by Abby Phillip, John Wagner, and Anne Gearan for Washington Post

“How the Other Fifth Lives” by Thomas Edsall for New York Times

Texas: “Justices Leave Texas Voter ID Law Intact, with a Warning” by Adam Liptak for New York Times

The South Carolina Senate passed ethics reform legislation yesterday related to investigations of lawmakers and financial disclosure requirements. One bill gives the State Ethics Commission the authority to investigate legislators accused of ethics violations. The bill also puts eight seats on the commission with four picked by the governor and two picked by each party’s legislative leadership.

Another bill requires lawmakers to disclose the sources of their private income, but falls short of requiring them to disclose the amount of the income. Together, the bills represent the Senate’s first real steps towards ethics reform, despite pushing from the House and the governor for the last four years.

Both houses now need to agree on versions of both bills.

State Sen. Terrence Murphy introduced a bill aiming to better prohibit unlawful campaign contributions and increase penalties for state election law violations. Senate Bill 7381 forbids any person acting on behalf of a public officer, candidate, or political committee from soliciting a contribution to a county or town committee for the benefit of the candidate when a direct contribution to the candidate or committee is unlawful.

The bill also increases the penalty for violations to a felony punishable by one to seven years of incarceration. The legislation responds to public concern following Mayor Bill de Blasio’s 2014 fundraising activities.

If the bill is adopted, it will become effective immediately.

The Legislature sent a bill to Gov. Robert Bentley creating an exception to the current revolving door provision of the ethics law. Senate Bill 141 grants an exception to the two-year ban on lobbying for former government officials or employees who retire from public office.

The bill clarifies the ban does apply to former government officials or employees who worked pursuant to a consulting agreement or agency transfer while on loan.

The bill will be effective immediately following approval by Bentley.

National:

Dennis Hastert Sentenced to 15 Months, and Apologizes for Sex Abuse
New York Times – Monica Davey, Julie Bosman, and Mitch Smith | Published: 4/27/2016

A judge sentenced former U.S. House Speaker Dennis Hastert to 15 months in federal prison for paying $1.7 million in hush money to cover up sexual abuse from decades ago. He also must undergo sex offender treatment, two years of supervised release after his time behind bars, and a $250,000 fine to go to a fund for crime victims. Shortly before learning his sentence, Hastert admitted for the first time that he sexually abused boys decades ago when he was the wrestling coach for Yorkville High School. U.S. District Court Judge Thomas Durkin took Hastert to task, saying, “Nothing is more stunning than having the words serial child molester and speaker of the House in the same sentence.”

With Uncertainty at Top of Ticket, Republicans Back Off in Some States
New York Times – Jonathan Martin | Published: 4/21/2016

The Republican National Committee is scaling back its financial commitments to some of the most hotly contested states because of flagging fundraising, the most concrete evidence yet of how the party’s divisive and protracted presidential race is threatening the entire GOP ticket in November. The party is also taking steps to create a separate fundraising entity dedicated to U.S. Senate races, an acknowledgment that many of the wealthiest contributors are increasingly focused on protecting Republican control of Congress rather than a presidential campaign they fear is lost.

Federal:

Congressmen Challenge ‘Bipartisan Shakedown’ Pressuring Members to Raise $18,000 Every Day
WCMH – Chance Seales | Published: 4/24/2016

When U.S. Rep. David Jolley came to Capitol Hill after winning a special election in 2014, he was surprised to discover what his leading priority was expected to be – fundraising. In an interview with “60 Minutes,” Jolley said he met behind closed doors with party leadership, where he was told he had six months to raise $2 million. “Your job, new member of Congress, is to raise $18,000 a day …,” Jolley said he was told. To do so, he said, members are given lists of names and scripts. Because members are not allowed to fundraise on Capitol grounds, the campaign arms of the parties have setup call bank headquarters where members can duck in to spend a few hours on the phone.

The Rise of Trump Studies
Politico – Darren Samuelsohn | Published: 4/24/2016

As Donald Trump’s surprise presidential candidacy disrupts everything it touches, it has now entered the academic realm, launching a new wave of what might be called Trump Studies. From philosophy to law to computer science and history, researchers are finding they cannot look away from Trump. For some, the popularity of the celebrity real estate developer is the perfect tent pole to hang their existing research on. For others, his candidacy is like an experiment on a national scale, blowing up conventional wisdom about how American politics and society work.

Trump’s ‘Woman’s Card’ Comment Escalates the Campaign’s Gender Wars
Washington Post – Anne Gearan and Katie Zezima | Published: 4/27/2016

While celebrating his sweeping victories in five recent primaries, Donald Trump mocked Hillary Clinton’s qualifications, saying she would be a bad president who lacks “strength.” The remarks seemed like a preview of a general-election strategy to use Clinton’s potential to be the first female president against her. It also crystallized the question of how the nation will reckon with its first presidential election between a man and a woman. What was once subtext – latent sexism in American life and the question of what is off-limits when contemplating a woman as commander in chief – is now a full part of the political debate.

From the States and Municipalities:

Alaska – Lobbyists Bought $100 Meal for Alaska Senate President before Vote on Building
Alaska Dispatch News – Nathaniel Herz | Published: 4/27/2016

Alaska Senate President Kevin Meyer accepted a $100 meal from two lobbyists for one of the developers of state lawmakers’ Anchorage offices a week before voting to buy those offices for $32.5 million. Under the state’s ethics laws, lawmakers and legislative employees are barred from accepting gifts from lobbyists, though there are exceptions for tickets to charity events and food and drinks “for immediate consumption.” Meyer said the idea that lawmakers should pay for their own meals when they dine with lobbyists is an issue that should be debated. But the very idea seemed to perplex him. “We could pay for our own way; I’m just trying to think how that would work,” said Meyer.

California – Here Are All the Sports Events California State Lawmakers Attended for Free
Los Angeles Times – Javier Panzar | Published: 4/26/2016

California lawmakers passed a measure two years ago to tighten restrictions on gift-giving. The bill would have outlawed entertainment-related gifts and any gift over $200 in value. It was vetoed by Gov. Jerry Brown, who said the bill would further complicate gift rules “without commensurate benefit” to the public. The Los Angeles Times tallied the free baseball, football, basketball, and golf games that state lawmakers attended in 2015 and who paid for them. “There are always ways to get money to politicians and essentially treat politicians to nice events; the gift limits, they do some work, but there are loopholes,” said Jessica Levinson, a Loyola Law School professor and president of the Los Angeles City Ethics Commission.

California – The Most Influential Person on the Coastal Commission May Be This Lobbyist
Los Angeles Times – Kim Christensen | Published: 4/23/2016

Lobbyist, political insider, and owner of a consulting firm, Susan McCabe enjoys a close relationship and prominent standing with a state agency that regulates development along California’s 1,100-mile coast. Unlike other regulatory agencies in the state, the California Coastal Commission may be lobbied directly. Although legislation is pending to change it, state law allows members to communicate or meet privately with interested parties, as long as they disclose those contacts and what was discussed. In the last 15 months, commissioners have reported more than 100 ex-parte exchanges with McCabe, far more than with anyone else who represents business interests or environmental causes.

Maryland – Fundraising Ban Loophole Allows Some Maryland Lawmakers to Take Lobbyist Cash
Washington Post – Fenit Nirappil | Published: 4/22/2016

State lawmakers in Maryland who are running for Congress and local office are exempt from the ban on campaign fundraising during the annual legislative session, enabling them to take money from lobbyists and others with business before them. State lawmakers competing in those races took at least $33,000 from lobbyists and executives of groups trying to sway government officials during the session. The donations are legal and just a sliver of a multimillion-dollar haul, but they raise concerns from good government advocates who say they violate the spirit of the fundraising ban, which aims to insulate legislators from undue influence.

Missouri – Some Progress on Missouri Ethics Reform, But Does It Go Far Enough?
Kansas City Star – Jason Hancock | Published: 4/26/2016

Cleaning up Missouri’s ethics laws was a top priority of Republican leaders entering the 2016 session. With time running out on this year’s legislative session, how much progress they have made toward that goal is in the eye of the beholder. Missouri is the only state in the nation with the trio of no caps on campaign contributions, no limits on lobbyist gifts to legislators, and no waiting period after leaving office before lawmakers can return to the Capitol as lobbyists. As a result, six-figure campaign donations have become a normal part of politics, lawmakers collectively accept $900,000 a year in lobbyist-provided meals, alcohol, trips, and event tickets, and lobbyists’ ranks have swelled with former legislators and staff cashing in on their expertise and connections. Changing that dynamic took on new urgency after a series of controversies rocked the General Assembly in 2015.

New Jersey – Birdsall CEO Gets 4 Years in Huge N.J. Pay-to-Play Scheme
Newark Star-Ledger – S.P. Sullivan (NJ Advance Media) | Published: 4/22/2016

Howard Birdsall, the former head of one of New Jersey’s most prestigious engineering firms, was sentenced to four years in prison in a “pay-to-play” corruption case that brought about the demise of the company that bore his family’s name. The judge also ordered Birdsall to forfeit $49,808 that represented illegal campaign contributions he made. Birdsall and six other of the firm’s executives, as well as the firm itself, were indicted in 2013 on charges they masked corporate campaign contributions as individual political donations in order to skirt the state’s “pay-to-play” laws and get contracts it otherwise would have been disqualified from.

New York – De Blasio Team Violated Campaign Finance Laws, Report Says
New York Times – William Neuman and Jesse McKinley | Published: 4/22/2016

The state Board of Elections found New York City Mayor Bill de Blasio and his political team committed “willful and flagrant violations” of campaign finance laws in efforts to oust Republican senators and referred the matter for criminal prosecution. The board’s investigation, and a subsequent continuing inquiry by local prosecutors, is looking at whether there was an effort to illegally circumvent limits on campaign contributions to individual candidates by directing money instead through Democratic Party county committees and a statewide party campaign committee. The county and statewide committees can receive contributions of up to $102,300, which is much greater than the general election limit of $11,000 per donor on contributions to candidates’ campaigns.

North Carolina – Federal Judge Upholds North Carolina Voter Rules
New York Times – Alan Blinder and Richard Fausett | Published: 4/25/2016

A federal judge upheld North Carolina’s controversial new voting law, dealing a blow to critics who said the state’s rules will discourage minorities from casting ballots during this fall’s presidential election. The law reduces the number of days of early voting, prohibits people from registering and voting on the same day, stops ballots cast in the wrong precinct from being counted, and requires a photo ID to vote. The U.S. Court of Appeals for the Fourth Circuit will be the first to consider an appeal, which the law’s opponents said they would pursue. The ruling is an early signal of how federal judges might regard changes and challenges to voting laws in the aftermath of a Supreme Court decision that effectively eliminated a portion of the Voting Rights Act that had forced nine states, mostly in the South, to obtain advance federal approval before changing their election laws.

Virginia – McDonnell Trial: Supreme Court justices express skepticism of former Virginia governor’s conviction
Washington Post – Robert Barnes and Laura Vozzella | Published: 4/27/2016

The U.S. Supreme Court appeared likely to rule that federal bribery and corruption laws are unfairly ensnaring public officials. A clear majority of justices during oral arguments sided with lawyers for former Virginia Gov. Robert McDonnell, who is appealing his conviction for accepting more than $175,000 in gifts and loans from a wealthy executive in exchange for government favors. The problem, many justices agreed, is that the laws characterize common favors as criminal acts. “Officials routinely arrange meetings for donors, take their calls, politely listen to their ideas, and refer them to aides,” McDonnell’s attorneys argued in legal papers. “In criminalizing those everyday acts, the government has put every federal, state, and local official nationwide in its prosecutorial crosshairs.”

Virginia – Virginia Governor Restores Voting Rights to Felons
New York Times – Sheryl Gay Solberg and Erik Eckholm | Published: 4/22/2016

Gov. Terry McAuliffe issued an executive order that will allow more than 200,000 ex-cons in Virginia to register to vote in the upcoming presidential election, one of the biggest actions taken by a state to instantly restore voting rights. The change applies to all felons who have completed their sentences and been released from supervised probation or parole. The governor’s decision particularly affects black residents of Virginia: one in four African-Americans in the state has been permanently banned from voting because of laws restricting the rights of those with convictions. The move led to accusations that McAuliffe was playing politics; he is a longtime friend of, and fundraiser for, Hillary Clinton, the likely Democratic nominee for president, and former President Bill Clinton.

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.

Lobbying

California: “Here Are All the Sports Events California State Lawmakers Attended for Free” by Javier Panzar for Los Angeles Times

Campaign Finance

Maine: “LePage Vetoes Proposed Fix to Maine Clean Election Fund” by A.J. Higgins for Maine Public Broadcasting

Ethics

“Dennis Hastert Sentenced to 15 Months, and Apologizes for Sex Abuse” by Monica Davey, Julie Bosman, and Mitch Smith for New York Times

Arkansas: “Leslie Rutledge Rejects Wording of Campaign Finance Measure” by Associated Press for Arkansas Business Journal

Rhode Island: “R.I.’s Sen. Sheehan Buys Ads to Promote His Ethics Bill” by Katherine Gregg for Providence Journal

Virgina: “McDonnell Trial: Supreme Court justices express skepticism of former Virginia governor’s conviction” by Robert Barnes and Laura Vozzella for Washington Post

Elections

“Is the U.S. Ready for Post-Middle-Class Politics?” by Charles Homans for New York Times

“Ted Cruz Names Carly Fiorina as His Running Mate, Seeking a Jolt” by Jonathan Martin, Matt Flegenheimer, and Alexander Burns for New York Times

“Rep. Fattah Becomes First Lawmaker to Lose Primary” by Cristina Marcos for The Hill

The executive director of the newly formed ethics council in Virginia has been removed from this position. Chris Piper was fired from his post at the Virginia Conflict of Interest and Ethics Advisory Council after some legislators claimed they thought he was an attorney when he, in fact, is not. Piper was hired by the Division of Legislative Services and confirmed by the Rules Committee.

This change adds a new twist as Gov. Terry McAuliffe considers further changes to the state’s ethics laws. McAuliffe has not yet announced his intentions.

Elections

“Clinton Decisively Wins Democratic Primaries in 4 States” by Abby Phillip, John Wagner, and Anne Gearan for Washington Post

“Voters in Eastern Seaboard Primaries Embrace Trump” by Philip Rucker and Jose DelReal for Washington Post

North Carolina: “Federal Judge Upholds North Carolina Voter Rules” by Alan Blinder and Richard Fausett for New York Times

Ethics

Colorado: “Court: Ethics Commission’s Frivolous Complaint Rulings are Final” by Marianne Goodland for Colorado Independent

Kentucky: “AG Asks for Ethics Probe of Bevin Allegations” by Deborah Yetter for Louisville Courier-Journal

Missouri: “Some Progress on Missouri Ethics Reform, But Does It Go Far Enough?” by Jason Hancock for Kansas City Star

New Jersey: “Questions Raised on New N.J. Supreme Court Justice’s Role in Campaign Case” by Salvador Rizzo for Bergen Record

Virginia: “Ethics Lawyer: ‘Common Interest’ in Sports Clears Va. Officials to Accept Free Tickets” by Graham Moomaw for Richmond Times-Dispatch

Lobbying

New Hampshire: “Ethics Panel Calls for Broader Conflict Disclosure for State Lawmakers” by Dave Solomon for Manchester Union-Leader

Campaign Finance

“Checks: Political Money and Democracy” by Justin Miller for American Prospect