Lobbying

California: “California Watchdog Considers Rule Narrowing Secret Lobbying” by Alison Noon (Associated Press) for Los Angeles Daily News

Florida: “Broward Commissioners Reject ‘Gift’ from Boys & Girls Club” by Brittany Wallman for South Florida Sun Sentinel

New Jersey: “Sweeney’s Office and Horizon Swapped Notes before Key Speech” by Susan Livio (NJ Advance media) for Newark Star-Ledger

North Carolina: “Group Attacks NC House Member Justin Burr for Dating a Lobbyist” by Colin Campbell for Raleigh News & Observer

Vermont: “Lawmakers Switch Tack on Lobbyist Donations” by Jasper Craven and Anne Galloway for VTDigger.org

Virgina: “Virginia Legislative Session Ends with Agreements and Bickering” by Travis Fain for The Daily Press

Campaign Finance

New Mexico: “Questions Raised about Martinez’s Inaugural Spending” by Justin Horwath for Las Cruces Sun-News

Virgina: “Lawmakers Switch Tack on Lobbyist Donations” by Jasper Craven and Anne Galloway for VTDigger.org

Washington: “Judge Finds Grocery Group Violated Campaign Laws in 2013” by Donna Gordon Blankenship (Associated Press) for Tacoma News-Tribune

Ethics

New York: “Heastie Outlines Assembly Ethics Plan” by David Howard King for Gotham Gazette

South Carolina: “Group Sends SC House Members $2 Each, Asking for their Vote” by Jamie Self for The State

Elections

“Donald Trump’s Presidential Run Began in an Effort to Gain Stature” by Maggie Haberman and Alexander Burns for New York Times

Legislative Issues

Alabama: “Momentum to Remove Confederate Symbols Slows or Stops” by Alan Blinder for New York Times

The West Virginia Legislature reached the end of its 60-day session on March 12, 2016, without an agreement on the state’s budget. As required by the state’s constitution, Gov. Earl Ray Tomblin has issued a proclamation of a three-day extended session where lawmakers will work to finalize the budget. The extended session will begin on March 14, 2016.

If unsuccessful, the governor has indicated he will call for a special session.

The Virginia General Assembly adjourned sine die on March 11, 2016, a day earlier than scheduled. Among its accomplishments is a new, two-year $105 billion budget and some adjustments to the new ethics rules passed last year.

If approved by the governor, lobbyists will file reports annually on July 1 for the preceding 12-month period, rather than the current semi-annual reporting, and items under $20 would be excluded from the definition of a gift.

Other, more extensive changes were proposed but were defeated in the House.

Photo of the Virginia State Capitol by Varmin on Wikimedia Commons.

The Florida Legislature adjourned its regular session sine die as scheduled on March 11, 2016.

The session was a display of bipartisan cooperation, netting an $82 billion budget, and stood in stark contrast to last year where a bitter fight over the budget led to multiple special sessions. The new budget was passed by a vote of 159 to 1.

Campaign Finance

“K Street Money Set Looks to Contain Trump Damage” by Anna Palmer and Jake Sherman for Politico

California: “Citizens United Is Only 15% of the Political Cash Problem” by Nick Penniman and Wendell Potter for Los Angeles Times

Ethics   

Florida: “Bill Aimed at Cutting Public Corruption Goes to Gov. Scott” by The Associated Press for WINK

New York: “New York Assemblywoman Sexually Harassed Aide, Ethics Panel Says” by Vivian Yee for New York Times

Elections

“Can Labor Still Turn Out the Vote?” by Steven Greenhouse for New York Times

“Soros and Other Liberal Donors to Fund Bid to Spur Latino Voters” by Nicholas Confessore and Julia Preston for New York Times

“The Convention the GOP Doesn’t Want” by Julian Zelizer for The Atlantic

The Washington State Legislature adjourned its regular 2016 session on March 10.

Gov. Jay Inslee immediately called a special 30-day session. The special session is needed to pass a supplemental budget.

The Indiana General Assembly adjourned its 2016 season sine die on March 10. Gov. Mike Pence has until March 17 to take action on any bills presented to him.

In Indiana, if no action is taken within seven days of presentment, bills automatically become law.

Photo of the Indiana Statehouse by HstryQT on Wikimedia Commons.

San Luis Obispo City Council will review a proposed ordinance to create a system of democracy voucher funding for municipal elections. The voucher system provides each registered voter with a $20 voucher that can be donated to the municipal candidate of choice. Candidates opting in to receive the voucher funds would be restricted to using only those funds; the program is optional because it is unconstitutional to completely ban privately funded elections.

This ordinance would also create an ethics commission and require reporting on independent expenditures over $500. The council will review the ordinance on March 15, 2016.

The Utah Legislature adjourned its 2016 session sine die on March 10. Gov. Gary Herbert has until March 30 to veto or sign legislation. The governor does not possess a pocket veto. The normal effective date for bills passed this year, unless otherwise specified, is May 9.

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

Federal:

Ben Carson’s Small-Dollar Donors Could Keep Yielding Big Money
Center for Public Integrity – Carrie Levine | Published: 3/3/2016

Ben Carson’s database containing personal information on more than 700,000 donors to his presidential campaign could be a big money-maker if supporters’ information is rented to other candidates, political committees, and even for-profit data brokers, that may, in turn, use it to raise money. Some of the primary beneficiaries of renting Carson’s list would likely be his own campaign consultants and political operatives, who typically oversee marketing such lists and administering what remains of the campaign apparatus. A high percentage of Carson’s contributors has not previously given to candidates, which means those donors are less likely to be on other political lists already in circulation. This makes Carson’s supporter database an even more valuable commodity, to the party and to others who want to raise money.

Lobbyists Plan for Battle over Contractor Fair Pay Rule
Bloomberg BNA – Ben Penn | Published: 3/3/2016

A controversial executive order requiring federal contractors to disclose past employment law violations has trade association lobbyists, worker advocates, and attorneys gearing up for a fierce debate on Capitol Hill and in the courts. The Federal Acquisition Regulatory Council and the Labor Department are busy finalizing a regulation and guidance to implement the President Obama’s Fair Pay and Safe Workplaces Executive Order. It requires businesses to disclose any violations of 14 federal labor and employment laws, as well as comparable state laws, for the previous three years to be eligible for contracts worth more than $500,000. It allows agencies to deny contracts based on the information.

The FEC Just Made It Easier for Super PAC Donors to Hide Their Identities
Washington Post – Matea Gold | Published: 3/7/2016

Political donors hiding their super PAC contributions behind shell companies have effectively been given the green light to continue the practice after the FEC could not agree whether to open an investigation into so-called straw donations. Campaign finance law stipulates that donors cannot make political contributions in another person’s name. This law has tended to be breached by employers who privately instruct their employees to donate to political campaigns, with the assurance that they will later be reimbursed. But in the era following the U.S. Supreme Court’s Citizens United decision, the practices of disclosure have become even cloudier, and mysterious LLC groups have proliferated.

Trump Cracks Down on Protesters
Politico – Ben Schreckinger | Published: 3/8/2016

Donald Trump’s campaign appears to be ramping up efforts to prevent displays of dissent at his often unruly rallies. New tactics include extended barriers cordoning off the press and plainclothes private intelligence officers monitoring the crowd for protestors. Trump has escalated confrontations with protesters, leaving his podium to stare them down and repeatedly lamenting that his supporters cannot retaliate against them. At a rally in Nevada, he said of a dissenter, “I’d like to punch him in the face.” One member of Trump’s private security team, Eddie Deck, said his duties were now weighted towards intelligence work researching potential protesters and assisting uniformed security personnel under the direction of the candidate’s head of security.

From the States and Municipalities:

Alaska – Legislature Pursues More Big Cuts to Campaign Finance Regulators
Alaska Dispatch News – Alex DeMarban | Published: 3/9/2016

The Legislature last year cut funding to the Alaska Public Offices Commission (APOC) by 43 percent. Now, lawmakers are moving ahead with plans to strike another $200,000, reducing the agency’s budget to $591,000, a 57 percent drop from two years earlier. Heather Hebdon, APOC’s campaign disclosure coordinator, said if the latest round of cuts is accepted by lawmakers, it will be harder for her agency to regulate fundraising and spending during busy state elections this summer and fall. APOC also enforces disclosure requirements for lobbyists, a job handled by one employee in Juneau, as well as disclosure requirements for public officials.

California – California GOP Leader Wants to Reinvent Party
The Desert Sun – Laurel Rosenhall (CALmatters) | Published: 3/9/2016

Chad Mayes, the California Assembly’s Republican leader, takes over as the GOP is fracturing at the national level over the presidential nomination, and dwindling in California, where less than 28 percent of voters are now registered Republican. Mayes believes he can make his party relevant in this blue state by moving away from social issues like gay marriage and abortion, and focusing instead on quality of life issues like housing affordability and the need for middle-class jobs. Fueled by his Christian faith and a pragmatic style, Mayes is trying to make poverty alleviation a key focus for Republicans.

Colorado – Audit: Colorado’s ethics commission rarely helps those filing complaints
Denver Post – Joey Bunch | Published: 3/8/2016

A state audit revealed that the Colorado Independent Ethics Commission does a poor job telling people how to file a complaint, what complaints the commission can review, and what the public can reasonably expect to happen to those who commit a violation. Those failings are among the reasons that 50 of the 57 complaints the commission reviewed from 2012 through 2015 were dismissed because the commission did not have authority or jurisdiction over the case, auditors suggested. The commission, which has a one-person staff and no investigators, found just four violations in four years. The agency’s few powers include oversight of gifts to state and some local officials exceeding $59 a year.

Connecticut – Connecticut Election, Information and Ethics Watchdog Agencies Fear Results of Deep Cuts
New Haven Register – Mary O’Leary | Published: 3/3/2016

Connecticut’s watchdog agencies say any additional budget cuts will leave them unable to function. The state is trying to close a $900 million deficit. The executive directors of the Freedom of Information Commission, the State Election Enforcement Commission, and the Office of State Ethics said their collective mission to keep government honest is being threatened. The directors said a big part of each of their jobs is training people to keep them out of trouble. Carol Carson, executive director of the Office of State Ethics, said if they hold fewer training sessions, they will have fewer people seeking advice and there will be more expensive enforcement action against state employees, public officials, and lobbyists. “I’d rather give advice to 1,000 people than enforce against 100,” Carson said.

Indiana – State to Locals: You can’t do that. Or that.
Indianapolis Star – Brian Eason | Published: 3/6/2016

Lately, it seems, whenever an Indiana city even thinks about passing an ordinance the General Assembly disagrees with, state lawmakers strip local officials of the authority to do so. To some, the erosion of local authority is nothing short of an attack on local democracy. To others, the practice known as pre-emption is a necessary protection. The recent proliferation of pre-emption bills can be explained in part by Indiana’s political culture and in part by a national conservative movement.

Massachusetts – Mass. Campaign Finance Regulators’ Office Gets Hip to Memes
Boston Globe – Steve Annear | Published: 3/3/2016

Regulators in Massachusetts are using a social media campaign to educate the public about the state’s campaign finance law. An image posted on the Office of Campaign and Political Finance’s Twitter account explained how much money candidates running for office are allowed to collect from donors. “An individual can contribute up to $50 a year in cash to a candidate,” read the message, which used a picture of an enthusiastic man in a business suit being showered with money to accentuate the point. The goal is to make the complex rules and regulations of running for political office more engaging. It is a dramatic change of tactics from the usually staid office.

Mississippi – No State Officials Enforce Campaign Finance Laws
Jackson Clarion-Ledger – Mollie Bryant, Geoff Pender, and Katie Royals | Published: 3/5/2016

No government agency claims responsibility for ensuring candidates and officials in Mississippi follow the state’s campaign finance laws. Secretary of State Delbert Hosemann said no one reviews campaign finance reports filed with his office, and his office does not have the authority or resources to do so. The only campaign finance enforcement under Mississippi law involves disclosure. State law requires the secretary of state to report the names of candidates and elected officials who have not filed campaign finance reports and to fine them. If candidates and elected officials do not pay what they owe within 120 days, the secretary of state is required to notify the attorney general, who can file a suit.

New Mexico – Transparency Legislation Isn’t Quite as Transparent as Billed
New Mexico In Depth – Sandra Fish | Published: 3/4/2016

House Bill 105, which was signed into law by Gov. Susana Martinez, aims to make it easier for the public to access information about campaign contributions and lobbyists’ reporting. But the bill also ends a requirement that lobbyists report cumulative spending on lawmakers, and increases the limit for reporting from $75 to $100 per event. If the law had been in effect during 2015, nearly one-fourth of the 4818,000 spent by lobbyists would have gone unreported. The section on lobbyist reporting takes effect July 1, and would apply to lobbyists reports filed in October and January 2017.

New York – Assembly Democrats Introduce Bill to Increase Public Disclosure Requirements for Groups Who Lobby in New York
New York Daily News – Kenneth Lovett | Published: 3/10/2016

A bill introduced in the New York Assembly would amend lobbying disclosure rules. It would also specifically exempt from the definition of lobbying any communications with news outlets, including editorial boards. The legislation would require organizations registered to lobby in New York and that spend more than $5,000 to disclose the names of all donors who gave them more than $1,000. They would also have to disclose the exact amount donated and how the funding was used.

New York – PR Firms File Suit over ‘Hopelessly Vague’ JCOPE Lobbying Definition
Capital New York – Bill Mahoney | Published: 3/8/2016

A group of public relations firms filed suit in federal court against the New York Joint Commission on Public Ethics (JCOPE) to stop it from putting into effect a rule requiring disclosure of efforts to get editorial columns written for causes. The suit claims JCOPE overstepped its mandate when it adopted an advisory opinion that reinterpreted the definition of the lobbying. The new standard caused an uproar among many public relations professionals, who argued such disclosure would limit their right to free speech as well as the ability of editorial board members and other journalists to talk with such sources about issues and possible articles.

Pennsylvania – Former LCB Chairman Who Took Gifts Drops Out of Ethics Panel
Pittsburgh Tribune-Review – Kari Andren | Published: 3/8/2016

Patrick Stapleton, a former chairperson of the Pennsylvania Liquor Control Board, backed out of a National Alcohol Beverage Control Association meeting on the same day a reporter inquired about his appearance. Stapleton was implicated in a 2014 investigation for accepting gifts from vendors. He and was on the agenda of the meeting as a panelist instructing alcohol regulators about ethical behavior. Stapleton was fined more than $7,250 for accepting gifts ranging from golf outings and meals to Philadelphia Phillies tickets and wine and spirits donations for an annual event he and his then-wife operated. A report painted a picture of officials regularly taking advantage of liquor vendors looking for their piece of the Pennsylvania agency’s $2.1 billion in annual sales.

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.

In Coalition for Secular Government v. Williams, the United States Court of Appeals for the 10th Circuit affirmed a lower court’s ruling declaring the state’s issue committee regulatory framework unconstitutional as applied to the plaintiff, but declined to address the facial validity of the Colorado Constitution’s $200 threshold for issue committee reporting. However, the appeals court did emphasize there must be a legitimate public interest in requiring financial disclosure from issue committees. Moreover, the strength of the public’s interest in issue committee disclosure depends, in part, on how much money the issue committee has raised or spent.

The court went on to agree with the 9th Circuit’s characterization of the sliding scale by noting “. . . the value of this financial information to the voters declines drastically as the value of the expenditure or contribution sinks to a negligible level. As the monetary value of an expenditure in support of a ballot issue approaches zero, financial sponsorship fades into support and then into mere sympathy” [Appellate Case: 14-1469; see Canyon Ferry Rd. Baptist Church of E. Helena, Inc. v. Unsworth, 556 F.3d 1021, 1033 (9th Cir. 2009)].

In its earlier holding, the lower court advised state lawmakers the secretary of state will “be on the hook for fees every time a group, like the Coalition for Secular Government, falls under the $200 trigger for issue committee status and has to sue to vindicate its First Amendment rights” [D.C. No. 1:12-CV-01708-JLK].

On March 9, the Louisiana Legislature adjourned its special session sine die. Gov. John Bel Edwards had called the special session of the Legislature to convene on February 14 for the purpose of focusing on fiscal issues concerning the state.

The regular session of the Legislature is scheduled to begin on March 14.

Lobbying

New York: “As Lobbying Money Rises, deBlasio’s Agency Disclosure Pledge Goes Unfufilled” by Laura Nahmias for Capital New York

Campaign Finance

Arizona: “‘Dark Money’ Rules Eased in AZ Senate Campaign Finance Bill” by Howard Fischer (Capitol Media Services) for Arizona Daily Star

Montana: “Montana Campaign Contribution Limit Challenge Coming to a Head” by Matt Volz (Associated Press for The Missoulian

Oregon: “Lawmakers Leave Salem without Taking up Campaign Finance Reform” by Taylor Anderson for Bend Bulletin

Ethics

Colorado: “Audit: Colorado’s ethics commission rarely helps those filing complaints” by Joey Bunch for Denver Post

Florida: “Facing Ethics Probe, Judge Lakin Decides to Retire” by Dale White for Sarasota Herald-Tribune

Minnesota: “House Speaker Daudt Sued by Debt Collectors, Was Tardy on Taxes” by Brian Bakst for MPR News

Pennsylvania: “Former LCB Chairman Who Took Gifts Drops Out of Ethics Panel” by Kari Andren for Pittsburgh Tribune-Review

Elections

“Donald Trump, the Winning Wild Card” by Thomas Edsall for New York Times

“Democrats Increase Their State House Majority in Special Elections” by Jack Brammerf and John Cheves for Lexington Herald-Leader

Lobbying

New Mexico: “Transparency Legislation Isn’t Quite as Transparent as Billed” by Sandra Fish for New Mexico In Depth

New York: “PR Firms File Suit over ‘Hopelessly Vague’ JCOPE Lobbying Definition” by Bill Mahoney for Capital New York

Campaign Finance

“The FEC Just Made It Easier for Super PAC Donors to Hide Their Identities” by Matea Gold for Washington Post

“Ben Carson’s Small-Dollar Donors Could Keep Yielding Big Money” by Carrie Levine for Center for Public Integrity

Connecticut: “A Legislative Mystery: Who changed a watchdog’s bill?” by Mark Pazniokas for CT Mirror

Mississippi: “No State Officials Enforce Campaign Finance Laws” by Mollie Bryant, Geoff Pender, and Katie Royals for Jackson Clarion-Ledger

Ethics

California: “Golfing, Tequila and Spa Treatments: These are the gifts given to California lawmakers in 2015” by Patrick McGreevy and Liam Dillon for Los Angeles Times

Wisconsin: “Politics Apparent in Appointments to New Ethics, Elections Panels” by Patrick Marley for Milwaukee Journal-Sentinel

Elections

“Michael Bloomberg Says He Won’t Run for President” by Maggie Haberman and Alexander Burns for New York Times

“Ted Cruz Keeps Up Pressure on Donald Trump; Bernie Sanders Takes 2 on ‘Super Saturday’” by Jonathan Martin for New York Times

North Carolina: “Trump Cracks Down on Protesters” by Ben Schreckinger for Politico

Legislative Issues

Indianapolis: “State to Locals: You can’t do that. Or that.” by Brian Eason for Indianapolis Star