On September 29, 2016, Gov. Susana Martinez called a special session for September 30, 2016. The long-awaited proclamation will focus on fixing budget shortfalls and restoring the death penalty.

The ban on fundraising during regular or special session is a major concern for New Mexico legislators as the general election is on November 8, 2016. Per New Mexico law, all legislators are prohibited from soliciting a campaign contribution beginning when a proclamation has been issued and ending when the special session adjourns.

The adjournment date has yet to be determined.

Photo of Gov. Susana Martinez by the New Mexico State Government on Wikimedia Commons.

National:

Big Business Continues Trend Toward Political Transparency
Center for Public Integrity – Dave Levinthal | Published: 9/28/2016

About one-in-10 of the nation’s largest companies volunteer almost no information about their political activity, according to a new study on corporate transparency. Across 24 categories, the study awards points to companies that, for example, voluntarily disclose contributions to certain nonprofit groups, publish policies that govern political expenditures from its corporate treasury, and reveal money spent to influence state-level ballot initiatives. The authors say there is a trend toward increased corporate political transparency, despite calls from prominent business groups for corporations to not reveal more information than what is legally required of them. But plenty of companies show little interest in revealing more about how they are attempting to influence politics.

For Cuomo and Christie, Parallel Paths to the Top, and Trouble When They Got There
New York Times – Vivian Yee | Published: 9/25/2016

New Jersey Gov. Chris Christie and New York Gov. Andrew Cuomo were once lionized for relentlessly prosecuting bad behavior in government. Cuomo is now reeling after the arrest of one of his closest friends, confidants, and former aides, as well as the arrests of several other close advisers and donors in a bribery scheme, while a former top aide and a former political ally to Christie are on trial over their roles in the scandal that elevated a traffic jam on access lanes leading to the George Washington Bridge into a symbol of political payback. Neither governor is accused of breaking the law. But for two men who once prided themselves on managing spick-and-span administrations, claiming to have been blind to alleged acts of petty revenge and bribery at the highest levels of state government seems bad enough.

Republican Lawmakers Under Fire for Racially Insensitive Comments after Charlotte Unrest
Washington Post – Elise Viebeck | Published: 9/24/2016

Republican lawmakers are under increasing fire for racially insensitive comments after the fatal police shootings of black men sparked unrest in two states. Remarks by U.S. Reps. Robert Pittenger, Tim Huelskamp, and Steve King, along with the GOP nominee for vice president, Mike Pence, underscored to some observers Republicans’ tone-deafness on issues of race in a year of unprecedented attention to police bias against African-Americans. With the November elections barely six weeks away, the responses also seemed a sign of Republicans deepening alienation from black voters. The GOP rhetoric could help mobilize African Americans to oppose Republicans in a year when Hillary Clinton is relying on heavy black turnout to win the White House.

Federal:

D.C. Circuit Decision Limiting Political Ad Disclosure Will Stand
Bloomberg BNA – Kenneth Doyle | Published: 9/28/2016

A federal appellate panel ruling that limits disclosure requirements for groups sponsoring political ads will stand, as the full U.S. Court of Appeals for the District of Columbia Circuit said it will not review the decision. The long-running litigation challenged as too lax current FEC disclosure rules for ‘electioneering communications” – targeted television and radio ads that refer to a federal candidate in the final weeks before an election. The FEC rules in most circumstances do not require disclosure of those funding such ads. A three-judge panel of the District of Columbia Circuit issued a ruling that contended a broader FEC disclosure rule would violate free speech rights. The panel acknowledged previous court decisions supporting disclosure but suggested such rulings conflicted with other precedents giving broad First Amendment protection to political speech.

New Debate Strategy for Donald Trump: Practice, practice, practice
New York Times – Patrick Healy, Ashley Parker, and Maggie Haberman | Published: 9/28/2016

Even as Donald Trump’s advisers publicly backed him after the first presidential debate and praised his performance, they were privately awash in second-guessing about why he stopped attacking Hillary Clinton on trade and character issues and instead grew erratic, impatient, and subdued as the night went on. In interviews, seven campaign aides and advisers to Trump expressed frustration and discouragement over their candidate’s performance. Advisors plan to more rigorously prepare him for the next debate; whether he is open to practicing meticulously is a major concern, however, according to some of these advisers and others close to Trump.

Will ‘Saturday Night Live’ Take Down Trump?
Politico – Shane Goldmacher | Published: 9/29/2016

While Donald Trump and Hillary Clinton argue over who won the first presidential debate, inside 30 Rockefeller Plaza, the winner in the all-important satirical showdown is still being scripted. That is where the cast and crew of “Saturday Night Live” gathered to watch the debate, and it is where they are still sketching out portrayals that will shape how Americans see their presidential candidates. Historically, SNL’s political satire has penetrated the national consciousness. It was Will Ferrell as George W. Bush who coined “strategery,” and it was Tina Fey as Sarah Palin who claimed, “I can see Russia from my house.” The skewering tradition dates all the way back to Chevy Chase’s 1976 portrayal of President Gerald Ford as a klutz. In 2000, Al Gore’s own advisers made him watch Darrell Hammond’s stilted impersonation of his debate performances to show Gore how poorly he was coming off to others.

From the States and Municipalities:

Alabama – Ala. PAC-to-PAC Transfer Ban Upheld by Appeals Court
Montgomery Advertiser – Brian Lyman | Published: 9/28/2016

A federal appeals court upheld Alabama’s ban on money transfers between PACs. The three-judge panel ruled the law did not prevent the Alabama Democratic Conference (ADC), which sued to overturn it, from raising the funds to support its activities. State lawmakers passed the ban in order to restrict donors’ ability to hide contributions by shuffling them through multiple PACs. After the law passed, the ADC created two separate bank accounts, one dealing with independent expenditures and the other for political contributions. Attorneys for the state argued Alabama’s interests were promoting transparency and preventing corruption. The ADC said because it kept its expenditures in separate bank accounts, and because the U.S. Supreme Court’s Citizens United decision said independent expenditures do not create the appearance of corruption, the state had no compelling interest in its accounts tied to campaign expenditures.

California – Ex-LAPD Sergeant Defends Himself Against Ethics Charge Over Controversial Stop of ‘Django Unchained’ Actress
Los Angeles Times – Kate Mather | Published: 9/26/2016

A judge heard arguments over whether a Los Angeles police sergeant violated city ethics rules by leaking a recording of his controversial encounter with actress Daniele Watts to the media. No one questions whether Parker released the recording – he has admitted that in interviews with reporters, at a Police Commission meeting, and again while testifying in court. Instead, the case hinges on whether that recording was confidential and thus, whether Parker violated city rules by making it public. Ethics officials allege he did just that, accusing Parker of unlawfully sharing confidential information without authorization and doing so to “create a private advantage for himself.” Sergio Perez, the Ethics Commission’s director of enforcement, accused Parker of releasing the tape because he faced criticism over the encounter.

Illinois – Donation Lifts Fundraising Caps in Illinois Comptroller Race
State Journal-Register – Sophia Tareen (Associated Press) | Published: 9/26/2016

A $260,000 donation to Illinois Comptroller Leslie Munger’s campaign has lifted the caps on political contributions and guarantees a big-money race between the incumbent and challenger Susana Mendoza. The loan is from Munger’s husband, attorney John Munger. State campaign finance law limits contributions, but it also says if a candidate or family member gives more than $250,000 to his or her own race, the limits come off for all candidates.

Mississippi – Hosemann Launches ‘Searchable’ Campaign Finance Reports
Hattiesburg American – Geoff Pender (Jackson Clarion-Ledger) | Published: 9/27/2016

Mississippi is becoming the last state to allow electronic filing of campaign finance reports, a step toward easier public access to information about who is spending money to influence elections. The National Institute on Money in State Politics says all 49 other states already had either mandatory or voluntary electronic filing of finance reports. The Mississippi secretary of state’s staff has scanned candidates’ paper forms and posted them online for years. But those documents are not searchable and it is burdensome to calculate, for example, how much money a group or person gives to multiple candidates. Secretary of State Delbert Hosemann said he will ask the Legislature to make electronic filing mandatory for statewide and district candidates starting in 2020, after the current four-year term.

New York – Preet Bharara Wields Ax in Albany Corruption Scandal
Albany Times-Union – Chris Bragg and Mathhew Hamilton | Published: 9/22/2016

Federal corruption charges were levied against two former close aides to New York Gov. Andrew Cuomo, a senior state official, and six other people, in a blow to the governor’s innermost circle and a repudiation of the way his prized upstate economic development programs were managed. The charges against the former aides, Joseph Percoco and Todd Howe, and the state official, Alain Kaloyeros, were the culmination of a long-running federal investigation into the Cuomo administration’s efforts to lure jobs and businesses to upstate New York’s limping economy by furnishing billions of dollars in state funds to developers from Buffalo to Albany.

North Carolina – Sen. Fletcher Hartsell Accused of Money Laundering, Mail Fraud and Wire Fraud
Raleigh News & Observer – Anne Blythe | Published: 9/27/2016

North Carolina Sen. Fletcher Hartsell was indicted on multiple counts related to fraudulent campaign fundraising and expenditures. The charges in federal court escalate the legal woes for Hartsell nearly three months after a county grand jury indicted him in state court on allegations he certified three campaign finance documents as correct, while knowing they were not. The federal indictment alleges he spent campaign money on a trip to South Carolina with his wife’s choir, on haircuts, tickets to the musical “Jersey Boys,” his granddaughter’s birthday party, and getting his driver’s license renewed, among other things.

Rhode Island – Councilman’s Proposal to Reform Providence Lobbying Ordinance Hits Roadblock
WPRI – Dan McGowan | Published: 9/26/2016

Providence Councilperson Sam Zurier wants to amend the city’s existing lobbying ordinance to force members of what he considers “financially active” organizations to register as lobbyists, a plan he acknowledges is designed to force members of the Providence Apartment Association to wear badges in City Hall and file quarterly reports with the clerk’s office. But several members of the Ordinance Committee said they are concerned the proposal would deter other community groups from participating in city government, even though the policy focuses on organizations whose members make campaign contributions to the mayor or city council.

Tennessee – Voucher Advocate Hosted Tennessee Lawmakers at Seaside Condo
The Tennessean – Joel Ebert and Dave Boucher | Published: 9/26/2016

In 2014, five state legislators went on an undisclosed vacation with Mark Gill, one of the leaders of the pro-voucher Tennessee Federation for Children. In 2016, all five lawmakers who went to Gill’s condominium co-sponsored legislation to allow vouchers in Tennessee. As Gill is not a registered lobbyist, he is legally allowed to host in this manner due to a loophole in the law. House Speaker Beth Harwell said such trips need to be disclosed, but she is likely to face pushback from legislators like Rep. Andy Holt, who attended the event, “There’s a time and a place for transparency, but my rights as a U.S. citizen didn’t end when I became a lawmaker,” said Holt.

Virginia – In Virginia’s Capital, a Political ‘Bad Boy’ Upends Race for Mayor
Washingtpn Post – Paul Schwartzman | Published: 9/28/2016

Everyone in Richmond knows about Joe Morrissey Myrna Watson, as do many across Virginia, having read salacious stories three years ago about the then-55-year-old state lawmaker who went to jail for cavorting with his 17-year-old receptionist. Warren is now Morrissey’s wife, and she has become a centerpiece of his unlikely quest to become Richmond’s next mayor. Morrissey’s career includes more than a few headline-grabbing stories, including an eight-year disbarment that prevented him from practicing law until 2011, two fistfights that resulted in jail time, and brandishing an unloaded AK-47 during a gun debate in the House of Delegates. Yet polls show Morrissey with an imposing lead over six opponents. One candidate dropped out recently, citing concern that the size of the field would split the vote and ensure Morrissey’s victory.

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.

Gov. Jerry Brown signed into law a bill requiring persons submitting bids or proposals of $100,000 or more to state agencies to certify they are in compliance with the Unruh Civil Rights Act and the California Fair Employment and Housing Act.

The law is aimed at preventing state agencies from contracting with businesses that boycott Israel.

This law becomes effective January 1, 2017.

On September 28, the Reno, Nevada, City Council moved one step closer to creating a lobbying law for the city. The council unanimously agreed to put the proposed ordinance over to October 12 for a second reading and adoption.

The “Registration and Regulation of Lobbyists” ordinance would require 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.

If passed, the code change will take effect on January 1, 2017.

The 1st U.S. Circuit Court of Appeals struck down a New Hampshire law banning “ballot selfies.” The 2014 law imposing fines of up to $1,000 for anyone who took a picture of their marked ballot was passed to combat vote buying or voter coercion.

The three-judge panel unanimously decided the ban was overbroad and a violation of voters’ right to free speech. In overturning the law, the court cited insufficient and uncorroborated evidence connecting ballot selfies and voter coercion.

The suit was filed by the ACLU on behalf of three voters including state Rep. Leon Rideout (R) and a man who wrote in his dog’s name on the ballot and posted the photo on Facebook, only to later have it censored.

California recently repealed a state law making ballot selfies a felony. However, more than 20 states still have laws against photographing marked ballots or using a camera inside a polling place.

Lobbying

EU: “Lobbying to Face Greater Scrutiny in European Commission Proposals” by Jennnifer Rankin for The Guardian

Campaign Finance

“Democratic Convention Committee Obliterated Fundraising Goal” by Carrie Levine for Center for Public Integrity

“D.C. Circuit Decision Limiting Political Ad Disclosure Will Stand” by Kenneth Doyle for Bloomberg BNA

Alabama: “Ala. PAC-to-PAC Transfer Ban Upheld by Appeals Court” by Brian Lyman for Montgomery Advertiser

Mississippi: “Hosemann Launches ‘Searchable’ Campaign Finance Reports” by Geoff Pender (Jackson Clarion-Ledger) for Hattiesburg American

North Carolina: “Sen. Fletcher Hartsell Accused of Money Laundering, Mail Fraud and Wire Fraud” by Anne Blythe for Raleigh News & Observer

Ethics

New York: “JCOPE Chief: Staff to pay ‘closer attention’ to disclosures in wake of scandal” by Chris Bragg for Albany Times-Union

Elections

“New Debate Strategy for Donald Trump: Practice, practice, practice” by Patrick Healy, Ashley Parker, and Maggie Haberman for New York Times

Virginia: “In Virginia’s Capital, a Political ‘Bad Boy’ Upends Race for Mayor” by Paul Schwartzman for Washington Post

Nassau County Legislator Judith Jacobs passed away on September 13, 2016.

Jacobs, the presiding officer of the county Legislature, was serving her 11^th term as the District 16 representative.

With more than one year left in her term, Nassau County Executive Edward Mangano has set a special election to fill the Jacob’s seat on November 8, 2016.

On September 27, 2016, a federal appeals court upheld the ban on transfers between political action committees, or PAC-to-PAC transfers.

The Alabama Democratic Conference (ADC) sued to overturn the ban arguing the prohibition of PAC-to-PAC transfers was a violation of freedom of speech and due process.

In the opinion, written by U.S. Circuit Judge Beverly Martin, the court found the ban to be closely drawn “to meet Alabama’s interest in preventing quid pro quo corruption (or its appearance) as applied to the ADC here.” In turn, the ban survives constitutional scrutiny.

On September 26, the U.S. Court of Appeals for the District of Columbia Circuit let stand a previous decision upholding a Federal Election Commission (FEC) rule concerning contributor disclosure for certain political advertisements. Specifically, the court denied a petition for a rehearing en banc of a previous ruling.

In January, the appellate court had reversed a lower court ruling and rejected the challenge from Maryland Rep. Chris Van Hollen (D) concerning the FEC rule about reporting of electioneering communications or advertisements picturing or naming candidates within 60 days of an election. In doing so, the federal appeals court upheld the FEC rule requiring public reporting only of donors who earmark contributions for the ads. Van Hollen and other campaign finance disclosure advocates argued the rule was too narrow and did not conform to a 2002 law prohibiting “soft money” in federal elections.

Fred Wertheimer, who backed Van Hollen’s lawsuit, said the ruling would not be appealed, according to Bloomberg BNA.

Columbus Mayor Andrew Ginther signed emergency legislation yesterday creating a City Council Ethics Policy. The ethics policy aligns with state ethics law as well as with an executive order signed by Ginther in May 2016.

Ginther’s executive order was immediately effective for executive branch public officials and employees. The new City Council policy has nearly identical provisions on prohibited conduct and financial disclosure, but is applicable to all public officials and city employees.

Effective immediately, public officials and employees may not solicit or accept gifts or employment from anyone doing business with the city. They also must wait at least one year after leaving public service before representing any person or entity before any city department or division with respect to a matter they personally participated in while serving with the city.

Designated officials and employees must also file financial disclosure statements each year. The statements must include a description of each gift, or aggregate of gifts, exceeding $75 from certain sources during the previous calendar year.

Photo of Mayor Andrew Ginther by David Paul on Wikimedia Commons.

Lobbying

Rhode Island: “Councilman’s Proposal to Reform Providence Lobbying Ordinance Hits Roadblock” by Dan McGowan for WPRI

Campaign Finance

Delaware: “Judge: Christine O’Donnell violated campaign finance laws” by Randall Chase (Associated Press) for Philadelphia Inquirer

Illinois: “Donation Lifts Fundraising Caps in Illinois Comptroller Race” by Sophia Tareen (Associated Press) for State Journal-Register

Washington: “Ferguson: ‘Shoddy’ accounting, ‘improper disclosure’ by Eyman” by Joel Connelly for Seattle Post-Intelligencer

Ethics

“Trump Directed $2.3 Million Owed to Him to His Tax-Exempt Foundation Instead” by David Fahrenthold for Washington Post

“2008 Crisis Deepened the Ties Between Clintons and Goldman Sachs” by Nicholas Confessore and Susanne Craig for New York Times

California: “Ex-LAPD Sergeant Defends Himself Against Ethics Charge Over Controversial Stop of ‘Django Unchained’ Actress” by Kate Mather for Los Angeles Times

California: “State Auditor Calls for CPUC Reforms” by Jeff McDonald for San Diego Union-Tribune

New York: “Physicist in Albany Corruption Case Was a Geek with Big Goals” by Vivian Yee for New York Times

Contribution limits have been lifted in the Illinois comptroller race between incumbent Leslie Munger and Democratic challenger Susana Mendoza after Munger’s husband loaned $260,000 to her campaign.

State law stipulates any contribution exceeding $250,000 to a candidate’s own race abolishes the limits for all candidates in the race.

Gov. Bruce Rauner appointed Munger last year following Judy Baar Topinka’s death. The winner of the November election will finish the remainder of the four-year term.

Lobbying

Florida: “Homestead Developer Off the Hook for Accepting Illegal Contingency Fee” by Monique Madan for Miami Herald

Tennessee: “Voucher Advocate Hosted Tennessee Lawmakers at Seaside Condo” by Joel Ebert and Dave Boucher for The Tennessean

Campaign Finance

New York: “City Council Drafting Bills to Regulate Political Nonprofits Like Campaign for One New York” by Samar Khurshid for Gotham Gazette

Ethics

“For Cuomo and Christie, Parallel Paths to the Top, and Trouble When They Got There” by Vivian Yee for New York Times

“Sunlight Foundation Scales Down, May Merge” by Josh Gerstein for Politico

Colorado: “Denver Ethics Chairman Resigns, Cites Potential Conflict” by Jon Murray for Denver Post

Indiana: “Ethics Office Reflects Shift for Indiana Lawmakers” by Niki Kelly for Ft. Wayne Journal-Gazette

Maryland: “Del. Dan Morhaim Faces Ethics Probe Inquiry Over Dual Medical Marijuana Roles” by Fenit Nirappil for Washington Post

New York: “Preet Bharara Wields Ax in Albany Corruption Scandal” by Chris Bragg and Mathhew Hamilton for Albany Times-Union

Rhode Island: “Approval of Question 2 Would Restore Ethics Panel Oversight of R.I. Assembly” by Alisha Pina for Providence Journal

Elections

“Trump vs. Clinton: Her jabs put him on the defensive in first debate” by Philip Rucker and Anne Gearan for Washington Post