On October 4, Ontario’s campaign finance bill banning corporate contributions was referred to a standing committee. 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.

Individuals, who may now make political contributions in the amount of up to $33,250, would be limited to maximum contributions of $3,600. Specifically, an individual could give $1,200 to a party each year, $1,200 to the candidates of a party in an election period, and $1,200 to the constituency associations and nomination contestants of a party each year. Additionally, individuals would be limited to giving a maximum of $1,200 to each leadership contestant of a party per calendar year. Among the 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:

Drinks, Dinners, Junkets and Jobs: How the insurance industry courts state commissioners
Center for Public Integrity – Michael Mishak | Published: 10/2/2016

An investigation by the Center for the Public Integrity found half of the 109 state insurance commissioners who have left their posts in the last decade have gone on to work for the industry they used to regulate, many leaving before their terms expire. Just two moved into consumer advocacy. The “revolving door” also swings in the other direction. For almost a year, Connecticut’s insurance commissioner was overseeing a merger involving a company where she had been a lobbyist. She recused herself recently amid a state ethics review. Consumer advocates and some commissioners say the tight bond between regulators and industry – reinforced by campaign contributions, lavish dinners, and the prospect of future employment – diminishes consumers’ voices.

How Donald Trump Set Off a Civil War Within the Right-Wing Media
New York Times Magazine – Robert Draper | Published: 9/29/2016

The conservative media has always been a playground for outsize personalities with even more outsize political ambitions. Alongside the institution-builders like William F. Buckley, the landscape has also produced a class of rowdy entrepreneurs who wield their influence in more personal ways. If these figures defied the stuffy ceremony of think tanks, opinion journals, and columnists who traditionally defined the conservative intelligentsia, they rarely challenged the ideological principles of conservatism as they had existed since the Reagan era. What they mostly did was provide the Republican Party with a set of exceptionally loud megaphones, which liberals have often envied and tried unsuccessfully to emulate. Then came Donald Trump. In a sense, the divide that Trump has opened among conservative media figures is simply a function of the heartburn his ascent has caused among Republicans more generally.

Federal:

Democrats Rake in Money, Thanks to Suit by Republicans
New York Times – Nicholas Confessore and Rachel Shorey | Published: 9/30/2016

Democrats denounced it as an assault on democracy and a sop to billionaires when the U.S. Supreme Court issued a ruling two years ago that loosened limits on campaign giving. But Hillary Clinton and Democratic Party leaders are now exploiting the decision, funneling tens of millions of dollars from their wealthiest donors into a handful of presidential swing states. The money followed a legal but circuitous route turbocharged by the 2014 ruling in McCutcheon v. Federal Election Commission, which struck down limits on the combined amount one person could donate at all federal candidates and parties in an election cycle.

Donald Trump Tax Records Show He Could Have Avoided Taxes for Nearly Two Decades, The Times Found
New York Times – David Barstow, Susanne Craig, Russ Buettner, and Megan Twohey | Published: 10/1/2016

Donald Trump reported a $916 million loss on his 1995 tax returns and could therefore have avoided paying federal income taxes for 18 years. Trump’s refusal to release any tax returns has been one of the larger clouds hanging over his campaign and one that Hillary Clinton has sought to exploit. It now appears as though the GOP nominee’s failure to come clean has backfired, with The New York Times article drawing one of the same conclusions that Clinton offered as a possible explanation for Trump’s secrecy in the first presidential debate – that he has paid little or no federal income tax for some time.

How Hillary Clinton Grappled with Bill Clinton’s Infidelity, and His Accusers
New York Times – Megan Twohey | Published: 10/2/2016

Donald Trump has criticized Hillary Clinton over Bill Clinton’s affairs and her response to them, and said he might talk more about the issue in the final weeks before the election. That could be a treacherous strategy for Trump, given his own past infidelity and questionable treatment of women. Many voters, particularly women, might see Hillary Clinton being blamed for her husband’s conduct. It could also remind voters of a searing period in American history, and in Mrs. Clinton’s life. Outwardly, she remained stoic and defiant, defending her husband. But privately, she embraced the Clinton campaign’s aggressive strategy of counterattack: women who claimed to have had sexual encounters with Bill Clinton would become targets of investigation and discrediting, tactics that women’s rights advocates frequently denounce.

Want to be a ‘Foreign Agent’? Serve in US Congress First
Politico – Joseph Schatz and Benjamin Oreskes | Published: 10/2/2016

Of the 1,009 members of Congress who have left Capitol Hill since 1990, 114 of them lobbied for or otherwise represented a foreign government, foreign-owned company, or think tank. The favorable treatment these former lawmakers seek for their clients often bumps against U.S. foreign policy or the interests of the constituents they once served, and, in some cases, they are putting foreign companies over American businesses. While a former lawmaker’s relationships do not always yield concrete results, they can open doors for foreign leaders looking to burnish their country’s reputation – or their own.

From the States and Municipalities:

Florida – Two Years Later, Curbelo Still Keeps List of Past Clients Secret
Miami Herald – Patricia Mazzei | Published: 10/3/2016

U.S. Rep. Carlos Curbelo shut down his government and public affairs consulting company after he won a seat in Congress. He closed the office to comply with a rule that bans federal lawmakers from holding outside employment. That rule, however, does not require former private consultants like Curbelo to disclose who hired them in the past. A loophole in federal disclosure requirements exempted Curbelo from listing his private clients because his firm, Capitol Gains, had been registered under the name of his wife, though she had stopped working there in 2009. Curbelo was always the firm’s principal, drawing a six-figure salary.

Kentucky – Democratic Party Insider Sentenced to 70 Months in Prison for Role in Kickback Scheme
Lexington Herald-Leader – Bill Estep | Published: 9/29/2016

Rebuked for further eroding public confidence in government, a former high-ranking official in Kentucky government was sentenced to nearly six years in prison for orchestrating a kickback scheme. Tim Longmeyer’s sentencing came after he pleaded guilty to a bribery charge for using his influence as head of the Personnel Cabinet to steer contracts to a consulting firm in 2014 and 2015. He admitted to receiving more than $200,000 in kickbacks from the firm. The judge also ordered Longmeyer to pay $203,500 in restitution.

Maryland – Top Lobbyist Represents Winner of Controversial Medical Marijuana License
Baltimore Sun – Michael Dresser | Published: 10/3/2016

The top-earning lobbyist in Annapolis, Gerald Evans, represents a company that was awarded a lucrative marijuana-growing license after a state commission pulled it from the ranks of losers and gave it a winning slot. As a result of the controversial switch, Evans’ son-in-law stands to make a lot of money. Evans represents Holistic Industries LLC, which counts Evans’ son-in-law Richard Polansky among its equity investors. Polansky is married to Evans’ daughter and lobbying partner, Hayley Evans. The commission has stressed it used a process in which evaluators did not know the identities of any of the applicants. The head of the State Ethics Commission said the law does not require a lobbyist to disclose a spouse’s stake in a business the lobbyist represents.

New York – Ethics Panel Investigating de Blasio’s Nonprofit Is Said to Issue Broad Subpoena
New York Times – William Rashbaum | Published: 10/5/2016

A state ethics panel investigating New York City Mayor Bill de Blasio’s political nonprofit organization has served a sweeping subpoena on City Hall seeking communications among the mayor, his aides, the nonprofit, its donors, and consulting firms that worked for it, people with knowledge of the matter said. The scope of the subpoena suggests a widening of the investigation by the Joint Commission on Public Ethics has been focused on whether the group, the Campaign for One New York, illegally lobbied the city in 2015. At the same time, several lawyers representing donors to the group who have been contacted by the panel said the inquiry also appeared to be focused on whether some donations from lobbyists or their clients who have business before the city actually constituted undisclosed gifts to the mayor. Any such undisclosed gifts would violate state lobbying laws.

Ohio – Ohio, Long a Bellwether, Is Fading on the Electoral Map
New York Times – Jonathan Martin | Published: 9/29/2016

After decades as one of America’s most reliable political bellwethers, an inevitable presidential battleground that closely mirrored the mood and makeup of the country, Ohio is suddenly fading in importance this year. Ohio has failed to keep up with the demographic changes transforming the U.S., growing older, whiter, and less educated than the nation at large. And the two parties have made different wagers about how to win the White House in this election: Donald Trump is relying on a demographic coalition that, while well-tailored for Ohio even in the state’s Democratic strongholds, leaves him vulnerable in the more diverse parts of the country where Hillary Clinton is spending most of her time.

Pennsylvania – State Rep. Sims’ Travel, Speaking Fees Raise Questions
City & State Pennsylvania – Ryan Briggs | Published: 10/3/2016

An investigation found Pennsylvania Rep. Brian Sims failed to properly report thousands of dollars in travel reimbursements last year while collecting more than $53,000 in speaking fees since his election in 2012. State lawmakers are banned from collecting speaking fees or other honoraria. In some cases, Sims appears to have belatedly compensated for free trips by paying for his excursions with campaign funds well after the fact, which experts say also skirts an ethical gray area. A spokesperson for Sims, Dan Siegel, defended the numerous paid speaking engagements, asserting they do not violate the state’s honorarium ban because Sims’ “speeches do not address his legislative role.”

Tennessee – Ex-Lobbyist Paid for Private Plane for Beth Harwell, Karl Dean
WBIR – Dave Boucher and Joel Ebert (The Tennessean) | Published: 9/29/2016

On the heels of news that voucher advocate Mark Gill took a group of Tennessee lawmakers on a beach trip, a different voucher advocate, attorney and former lobbyist Lee Barfield, flew legislators and politicians – including House Speaker Beth Harwell, former Nashville Mayor Karl Dean, and House Majority Leader Gerald McCormick – to North Carolina on a private plane in 2015. Barfield is on the board of directors for the American Federation for Children, a pro-voucher advocacy group. He has registered as a lobbyist in the past, but he was not registered at the time he paid for Harwell and Dean to go on the trip. “My understanding of the law, and the rules at the time, is that as a citizen, I am permitted to take these officials if they want to go on a fact-finding trip,” Barfield said.

Wisconsin – U.S. Supreme Court Won’t Take Up Walker Case
Milwaukee Journal Sentinel – Patrick Marley | Published: 10/3/2016

The U.S. Supreme Court turned away without comment an appeal in a case arising from an investigation into campaign spending in Wisconsin. Last year, the Wisconsin Supreme Court shut down a secret probe into spending to oppose an effort to recall Gov. Scott Walker. The Guardian recently disclosed about 1,500 pages of the documents which seemed to show substantial coordination between candidates and ostensibly independent groups. The public version of the prosecutors’ request for a U.S. Supreme Court review was redacted but appeared to address two main questions: whether the Wisconsin Supreme Court had been too lax in policing coordination between candidates and independent groups, and whether two state Supreme Court justices who had benefited from campaign spending should have recused themselves.

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.

On November 17, the Fair Political Practices Commission (FPPC) will consider proposed regulations to make biennial cost of living adjustments to campaign contribution and gift limits that will apply from January 1, 2017 through December 31, 2018.

The proposed regulations would change the gift limit from $460 to $470 and make increases to campaign contribution limits.

The FPPC is accepting written comments on the proposals until November 15, 2016.

Gov. Brian Sandoval has called a special legislative session beginning October 10 to discuss the proposed Las Vegas football stadium for the NFL’s Oakland Raiders.

The session is expected to also address education funding for the upcoming biennium, expansion of the Clark County convention center, and a sales tax increase for additional police in southern Nevada.

Photo of the Nevada Legislative Building by Dave Parker on Wikimedia Commons.

Lobbying

“Lobby Firm Hires Republican Who Resigned After Ethics Investigation” by Megan Wilson for The Hill

Maryland: “Top Lobbyist Represents Winner of Controversial Medical Marijuana License” by Michael Dresser for Baltimore Sun

New York: “Ethics Panel Investigating de Blasio’s Nonprofit Is Said to Issue Broad Subpoena” by William Rashbaum for New York Times

Campaign Finance

Washington: “AG’s Office Files Election-Finance Complaint against Kim Wyman” by David Gutman for Seattle Times

Ethics

“Donald Trump Would Have Trouble Winning a Suit Over the Times’s Tax Article” by Adam Liptak for New York Times

Kentucky: “Democratic Party Insider Sentenced to 70 Months in Prison for Role in Kickback Scheme” by Bill Estep for Lexington Herald-Leader

Michigan: “11th Detroit Principal Gets 15 Months in Prison for Corruption” by Tresa Baldas for Detroit Free Press

Missouri: “Rowden Aims to Strengthen Ethics in Missouri Legislature” by Janie Matthews for Columbia Missourian

Tennessee: “New Calls for Probe over Staffer Firing in Jeremy Durham Report” by Dave Boucher and Joel Ebert for The Tennessean

Elections

“Tim Kaine and Mike Pence Clash Sharply Over Their Running Mates” by Jonathan Martin and Patrick Healy for New York Times

Legislative Issues

North Carolina: “Indicted Senator Retains Role Running Committees” by Craig Jarvis for Raleigh News & Observer

Lobbying

“Want to be a ‘Foreign Agent’? Serve in US Congress First” by Joseph Schatz and Benjamin Oreskes for Politico

Florida: “Two Years Later, Curbelo Still Keeps List of Past Clients Secret” by Patricia Mazzei for Miami Herald

Campaign Finance

“They Gave to Trump’s GOP Rivals. Now 95% Are Sitting Out the General Election” by Seema Metha, Anthony Pesce, and Maloy Moore for Los Angeles Times

Maryland: “Company Run by David Trone Broke Campaign Contribution Limits, State Prosecutors Say” by Bill Turque for Washington Post

Ethics

Alabama: “Bentley Says Impeachment Committee’s Tactics ‘Frightening’” by Mike Cason for AL.com

Hawaii: “Caldwell Aide Works Campaign for Free but Gets City Contracts” by Nick Grube for Honolulu Civil Beat

Pennsylvania: “State Rep. Sims’ Travel, Speaking Fees Raise Questions” by Ryan Briggs for City & State Pennsylvania

Elections

“In Bruce Springsteen’s America, Many Turn Toward Donald Trump” by Nick Corasaniti and Giovanni Russonello for New York Times

California: “Ballot Selfie Bill by Assemblyman Levine Signed into Law” by Richard Halstead for Marin Independent Journal

The New Mexico Secretary of State released new contribution limits for non-statewide candidates, statewide candidates, and PACs.

Contributions from a person to a statewide candidate or to a PAC will increase to $5,500. Also, contributions from a PAC to a non-statewide candidate, statewide candidate, or to another PAC will increase to $5,500.

Contribution limits are adjusted every election cycle and the current adjustments will be effective on November 9, 2016.

Campaign Finance

Wisconsin: “U.S. Supreme Court Won’t Take Up Walker Case” by Patrick Marley for Milwaukee Journal Sentinel

Ethics

“Drinks, Dinners, Junkets and Jobs: How the insurance industry courts state commissioners” by Michael Mishak (Center for Public Integrity) for Washington Post

California: “Brown Signs Bills to Reform CPUC, Urges Administrative Fixes Too” by Jeff McDonald for San Diego Union-Tribune

District of Columbia: “Ethics Opinion: D.C.’s Vincent Orange didn’t break rules by seeking chamber job” by Fenit Nirappil for Washington Post

New York: “State Attorney General Orders Trump Foundation to Cease Raising Money in New York” by Steve Eder for New York Times

Elections

“How Hillary Clinton Grappled with Bill Clinton’s Infidelity, and His Accusers” by Megan Twohey for New York Times

Ohio: “Ohio, Long a Bellwether, Is Fading on the Electoral Map” by Jonathan Martin for New York Times

Wisconsin: “Federal Judge Orders Investigation into Wisconsin’s Voter ID System” by Matt Zapotosky for Washington Post

Legislative Issues

Hawaii: “Hawaii Candidates Are Getting Flooded with Surveys This Year” by Nathan Eagle for Honolulu Civil Beat

Here is our October/November calendar. If you are attending any of these events, please say hello!

October 3   Akron Roundtable 40th Anniversary Celebration Dinner, Akron, Ohio

October 19-21   Public Affairs Council Fall Board Meeting, Laguna Beach, California

October 20   Akron Roundtable, Akron, Ohio

November 10   Professional Women in Advocacy Conference, Washington, DC

November 16-18   NABPAC Biennial Post-Election Conference, Breakers Palm Beach, Florida

November 19-22   SGAC Leaders’ Policy Conference, Dana Point, California

Here is what has happened so far…And what will happen.

1. The states in these United States held primaries and caucuses. We had months and months of elections around the country. And, we had a lot of debates…Maybe more than we needed. In the end we also had a lot of candidates “suspend” their respective campaigns.
2. Both the Republican National Convention and Democratic National Conventions were held and we have two candidates running on these platforms. There are others who will be on the ballot, but of other parties.
3. We had one debate already…WOWOWOWOW!!! I happened to be there…but I was sitting on my hands because it was 63 degrees in the room.
4. Plan on watching the Vice Presidential Debate on October 4, the second Presidential Debate on October 9, and the final Presidential Debate on October 19.
5. Check out the ballot for your county. Trust me, there is more on the ballot than our Presidential candidates…These folks also need your vote.
6. Early voting is very helpful for people who want to avoid the lines on Election Day, which is November 8. Do it and proudly wear your I VOTED sticker.
7. November 8…Stock up on your snacks and beverages and make sure your gadgets are charged. You can follow me on Twitter @elizabethbartz and @stateandfederal to see what is going on with the candidates and ballot issues.
8. One other thing to do on November 8, take a break every hour to tune into the Cleveland Cavaliers vs. Atlanta Hawks game.
9. Go to work the next day prepared to share with your organization how your contributions and candidates fared the night before.
10. Plan to attend State and Federal Inauguration activities in 2017. We will keep you up-to-date on how you can participate…And, as it relates to the President’s Inauguration Day…It is Friday, January 20, 2017, at noon. Again, snacks and beverages should be ready and gadgets charged. There will be a lot to watch.

In the meantime, think about how lovely November and December will be with only holiday movies to watch…And 2017/2018 elections to ponder.

Elizabeth Z. Bartz

President and CEO
@elizabethbartz

Last week, Gov. Jerry Brown approved a series of bills affecting campaign finance and lobbying requirements.

Senate Bill 215 will require any entity or person seeking to influence actions taken by the Public Utilities Commission to register as a lobbyist under the Political Reform Act of 1974.

Senate Bill 1349 will overhaul Cal-Access, California’s outdated online campaign contribution and lobbying database.

And Senate Bill 1107 establishes citizen-funded elections reforms, enabling the creation of small donor matching programs where candidates who voluntarily opt in and agree to turn down large contributions receive limited public matching funds for each small contribution they secure.

On September 22, 2016, Secretary of State John Merrill certified Republican Joe Lovvorn as the winner of House District 79. As a result, the special general election scheduled for November 29 has been canceled.

Originally, Lovvorn was supposed to face Libertarian Gage Fenwick, but Merrill’s office stated Fenwick failed to get enough signatures to qualify for ballot access.

Lobbying

“Evan Bayh’s Shadow Lobbying” by Maggie Severns and Isaac Arnsdorf for Politico

Tennessee: “Ex-Lobbyist Paid for Private Plane for Beth Harwell, Karl Dean” by Dave Boucher and Joel Ebert (The Tennessean) for WBIR

Campaign Finance

“Democrats Rake in Money, Thanks to Suit by Republicans” by Nicholas Confessore and Rachel Shorey for New York Times

California: “More California Cities Can Have Publicly Financed Election Campaigns” by Jeremy White for Sacramento Bee

Maine: “Maine Lawmakers Could No Longer Pay Themselves from PACs” by Marina Villeneuve (Associated Press) for Washington Times

Ethics

Alabama: “Roy Moore, Alabama Chief Justice, Suspended Over Gay Marriage Order” by Campbell Robertson for New York Times

California: “Upgrade to Campaign and Lobbying Database Approved” by Samantha Young for Techwire.net

Kentucky: “Political Consultant Is Second to Plead Guilty in State Corruption Probe” by Bill Estep for Lexington Herald-Leader

Nevada: “Political Firm Tied to Corruption Investigation of Las Vegas Councilman Ricki Barlow” by Jeff German for Las Vegas Review-Journal

Elections

“Memo to Obama Aides: Don’t prank Trump or Clinton on your way out” by Elise Viebeck for Washington Post

“How Donald Trump Set Off a Civil War Within the Right-Wing Media” by Robert Draper for New York Times Magazine

“Donald Trump Tax Records Show He Could Have Avoided Taxes for Nearly Two Decades, The Times Found” by David Barstow, Susanne Craig, Russ Buettner, and Megan Twohey for New York Times

Brian Spano, chairman of the Denver Board of Ethics, has resigned due to a potential conflict of interest.

Spano is a law partner with Kristin Bronson, the newly appointed city attorney. Mayor Michael Hancock appointed Bronson in mid-August, and she will begin her position with the city on October 17.

Because the city attorney occasionally appears before the Board of Ethics, Spano is stepping down to avoid any questions about future conflicts of interest, real or perceived. His term was set to end in April. His resignation is effective October 19.