Cleveland City Council President Kevin Kelley wants to raise the limits on political contributions in order to offer challengers a fair fight against incumbent candidates with established war chests. Individual and PAC contributions to mayoral candidates would be capped at $10,000 per calendar year. The current city ordinance permits just $1,000 from individuals and $2,000 from PACs. The proposed legislation would also increase contribution limits for council candidates up to $1,500 from individuals and $3,000 from PACs.

Critics argue the proposal would allow special interests to buy influence at City Hall. Kelley, however, believes $10,000 is not enough money to make a mayor feel beholden to a donor. Considering most Ohio cities have no campaign contribution limits, Kelley suggests a higher limit is still better than no limit at all.

The legislation will be discussed at the Finance Committee meeting on Wednesday, January 27, and will likely be up for passage the same night.

Photo of Cleveland City Hall by Stu Spivack on Wikimedia Commons.

Lobbying

Florida: “Ethics Commission Opines on Romance” by Jeff Burlew for Tallahassee Democrat

Campaign Finance

California: “3 Former Fundraisers for Mayor Ed Lee Charged With Bribery, Money Laundering” by John Shutt and Rebecca Bowe for KQED

California: “Federal Investigators Focus on Small Campaign Donations to L.A. Councilwoman Nury Martinez” by David Zahniser for Los Angeles Times

New Jersey: “Firm Withdraws Contract with Jersey City amid Pay-to-Play Allegations” by Terence McDonald (Jersey Journal) for Newark Star-Ledger

New York: “Schneiderman: JCOPE rule would unfairly target AG, comptroller” by Colby Hamilton for Capital New York

Vermont: “Investigator Clears Sorrell of Campaign Finance Allegations” by Mark Johnson for VTDigger.org

Ethics

Maryland: “In Md., Officials Are Notified When Someone Checks Their Financial Filings” by Fenit Nirappil for Washington Post

Virginia: “Luxury Box Gifts Still Kosher for Virginia Public Officials” by Alan Suderman (Associated Press) for Connecticut Post

Elections

“Hillary Clinton and Bernie Sanders Battle for Party’s Future” by Patrick Healy for New York Times

North Carolina: “Trial to Start in Lawsuit over North Carolina’s Voter-ID Law” by Sari Horwitz for Washington Post

State Attorney General Eric Schneiderman has announced the release of a new website which will contain information regarding lobbyist disclosures, and will match them up with specific pieces of proposed and passed legislation. The website, designed to promote the public’s right to know about decision making within the state government, will also link with the Joint Commission on Public Ethics lobbyist filings.

Data included on the website will relate to campaign financing, lobbying, charities, state contracts, legislator grants, corporate registrations, and elected officials. The website is available at http://www.NYOpenGovernment.com.

Lobbying

“Lobby Firms Reap Benefits of an Active Congress” by Catherine Ho for Washington Post

Campaign Finance

“Court Rejects Push for Stricter Disclosure on Super PAC Ads” by Josh Gerstein for Politico

“Corruption’s Not the Problem, It’s Inequality” by Richard Hasen for BillMoyers.com

Massachusetts: “Sen. Joyce to Pay Nearly $5,000 to Resolve Campaign Finance Issues” by Andrea Estes for Boston Globe

Ethics

Pennsylvania: “Allentown Council Unanimous in No Confidence Vote on Mayor Ed Pawlowski” by Emily Opilo for Allentown Morning Call

Elections

“Donald Trump or Ted Cruz? Republicans Argue Over Who Is Greater Threat” by Jonathan Martin for New York Times

Legislative Issues

Kansas: “Senate Chairman’s Rules Block Female Witnesses in Revealing Attire” by Tim Carpenter for Topeka Capital-Journal

Mississippi: “Republicans Gain Edge with Vote to Unseat Mississippi Democrat” by Richard Fausset and Alan Blinder for New York Times

At its January 21, 2016, meeting, the Fair Political Practices Commission (FPPC) adopted rules amending reporting requirements for “other payments to influence legislative or administrative action”, as provided in California Government Code section 86116. The adopted regulations require such payments to be itemized on periodic disclosure reports.

According to the FPPC, these payments encompass a range of expenditures and lump sum reporting does not provide the type of transparency imagined by the drafters of the statute. The amended regulations affect lobbyist employers and persons spending $5,000 or more to influence legislative or administrative action.

The rules become effective 30 days after they are filed with the Secretary of State.

State and Federal Communications is hiring for the position of Research Associate. Reporting to the Research Manager, Research Associates use independent judgment and discretion to maintain and expand online publications in the areas of lobbying, campaign finance, and procurement law. There are excellent opportunities for advancement to assist corporate clients with lobbying compliance in states and municipalities. A clear understanding of the importance of deadlines and absolute accuracy are required. This is a great opportunity to join a distinctive organization offering professional growth opportunities. Applicants must possess a JD academic degree and have exceptional written and verbal communication skills.

State and Federal Communications offers a competitive salary and benefit package including company-paid medical, dental, and vision insurance, 401(k), short and long-term disability insurance, life insurance, FSA plan, a generous annual PTO benefit, company-paid parking, and professional development. To be considered, email cover letter, resume, references, and salary requirements to hr@stateandfed.com.

Federal:

Case Could Widen Free-Speech Gap between Unions and Corporations
New York Times – Adam Liptak | Published: 1/18/2016

Oral arguments in a major challenge to public unions illuminated a gap in the U.S. Supreme Court’s treatment of capital and labor. The court has long allowed workers to refuse to finance unions’ political activities, but shareholders have no comparable right to refuse to pay for corporate political speech. At the arguments in the case, Friedrichs v. California Teachers Association, the justices seemed poised to widen that gap by allowing government workers to refuse to support unions’ collective bargaining activities, as well. The case should prompt a new look at whether the differing treatment of unions and corporations is justified, said Benjamin Sachs, a law professor at Harvard.

High Court Rejects Challenge over Contractor Contributions
Philadelphia Inquirer; Associated Press –   | Published: 1/19/2016

The U.S. Supreme Court will not hear a challenge to a law that bans government contractors from donating money to federal candidates or political parties. The justices let stand a lower court ruling that said the ban is a reasonable way of addressing the government’s interest in preventing political corruption.

President Obama May Require Federal Contractors to List Campaign Gifts
New York Times – Julie Hirschfeld Davis | Published: 1/19/2016

President Obama is weighing whether to invoke his executive authority to force federal contractors to disclose political contributions they make to independent groups. The proposed executive order would require corporations that currently have federal contracts to disclose what they spend on political efforts, including money forwarded through trade associations. Obama has been considering the action for more than a year, but discussions have intensified in recent weeks as he moves to deliver on unfulfilled promises in his final year in office. Business groups that have opposed campaign finance restrictions argue the executive order would encroach on free speech rights.

From the States and Municipalities:

California – FPPC Cracks Down on Reporting for California Lobbyists
Sacramento Bee – Taryn Luna | Published: 1/21/2016

The California Fair Political Practices Commission voted to require interest groups and lobbyists to break out and itemize expenses in the “other payments to influence category” in quarterly filings to the state. The current rules allow groups to report the category, which includes payments as routine as money for office supplies to more influential spending on advertising campaigns, as a lump sum. “Lobbying is largely a self-regulated industry and in order to make sure people are playing by the rules, we need this type of information that shines a light on what’s going on,” said commission Chairperson Jodi Remke.

Florida – Hillsborough Commissioners OK Measure to Require Lobbyists’ Fees
Tampa Tribune – Mike Salinero | Published: 1/21/2016

Hillsborough County commissioners passed an ordinance that requires lobbyists to register and pay a $50 yearly fee. Under the new law, everyone who comes to meet with commissioners must fill out a form saying who they represent, what they want to discuss, and which commissioners they are visiting. The commission also increased penalties for non-compliance that were in a draft ordinance. For a first violation, the lobbyist is given a warning, followed by a $250 fine for a second violation.

Florida – Special Interests Flood Florida Legislative Campaigns with $28 Million in 6 Months
Miami Herald – Mary Ellen Klas | Published: 1/17/2016

At least $28.5 million has been funneled into legislative political committees in Florida during the past six months. The influx of cash is the result of a shift in state campaign finance laws that allowed for unfettered donations to such committees in the wake of the Citizens United ruling. Stronger disclosure laws opened the door to more frequent reporting, but there is no requirement for donors to disclose what issues or bills they are attempting to impact. Many of the wealthy special interests are getting preferential treatment as their priority bills have been moving early in the session. Many ideas that are opposed by influential special interests are getting blocked. Industry fights are emerging over medical marijuana, gambling, solar power, hospital regulation, and dental care, among others.

Michigan – As Water Problems Grew, Officials Belittled Complaints from Flint
New York Times – Julie Bosman, Monica Davey, and Mitch Smith | Published: 1/20/2016

Michigan Gov. Rick Snyder released more than 270 pages of emails surrounding the toxic water crisis in Flint. One email reveals Snyder’s chief of staff believed Flint’s poisoned water was not the state’s responsibility. That aide also mentioned state health officials who worried the issue could turn into a “political football.” It was not until late in 2015 – after months of complaints – that state officials finally conceded what critics had been contending: Flint was in the midst of a major public health emergency as tap water pouring into families’ homes contained enough lead to show up in the blood of dozens of people in the city. Even small amounts of lead could cause lasting health and developmental problems in children.

Nebraska – Ernie Chambers Resolution Takes Aim at Free Meals Provided by Lobbyists
Omaha World-Herald – Joe Duggan | Published: 1/19/2016

State law caps the gifts that senators or their immediate family members may accept from lobbyists at $50 per month. But the law places no limits on free meals or beverages, said Frank Daley, executive director of the Nebraska Accountability and Disclosure Commission. Many lobbyists, groups, and associations host breakfasts, lunches, and dinners throughout the session. Defenders say the meals are convenient, sociable ways for lawmakers to get to know the issues and each other. But a resolution drafted by Sen. Ernie Chambers would seek to end lobbyist-provided meals inside the Capitol while the Legislature is in session.

New Mexico – New Mexico Lobbyist Spending Tops $818,000 in 2015
New Mexico In Depth – Sandra Fish | Published: 1/18/2016

Lobbyists and their employers spent about $818,000 on meals, receptions, and gifts for New Mexico lawmakers and other officials in 2015. Individual lobbyists – 148 of them – spent more $474,000, while 23 businesses spent more than $344,000, reports show. While the secretary of state’s office recently issued guidelines suggesting lobbyists report their expenses in greater detail, not all lobbyists did. Some 19 lobbyists listed aggregate expenses of more than $1,000 after April 2015, failing to specify lawmakers they hosted or dates they spent the money.

New Mexico – Scandals Raise Profile of an Unpopular Idea among Lawmakers: An ethics commission
New Mexico In Depth – Marjorie Childress | Published: 1/18/2016

A proposal to create an independent ethics commission in New Mexico focused on the executive and legislative branches first gained prominence in 2006, almost a year after then-state Treasurer Robert Vigil resigned to avoid facing possible impeachment. A task force recommended its creation. Subsequent ethics committee legislation passed the House four times, but has withered in the state Senate. Several questions need to be resolved before an independent ethics commission gets traction at the Legislature, including the need for sufficient funding; the question of jurisdictional oversight; the makeup and size, along with who appoints the positions; and satisfactory due process provisions to guard against “politically motivated witch hunts,” said Sen. Peter Wirth.

New York – In Albany, Those Who Might Address Ethics Meet Rarely and Offer Less
New York Times – Vivian Yee | Published: 1/19/2016

Like other committees in the New York Legislature, the ethics panels have chairpersons and several members each. Unlike the others, they have not considered a single bill on the subject of ethics – or anything else – that anyone can remember. For reformers, the committees’ paralysis is yet another symptom of a willful ignorance that allows the Capitol to make much of minor improvements while circumventing real change. “It is a body bent on self-protection,” said Common Cause New York Executive Director Susan Lerner, referring to the Legislature.

Ohio – State Street Settles Pay-to-Play Charges for $12 Million
New York Times – Liz Moyer | Published: 1/14/2016

State Street Corp. agreed to pay $12 million to settle charges that a senior vice president and a company lobbyist offered an Ohio deputy treasurer payoffs in order to win contracts servicing state pension funds. The Securities and Exchange Commission (SEC) found former State Street Vice President Vincent DeBaggis entered into an agreement with Amer Ahmad, then Ohio deputy treasurer, to make illegal cash payments and political contributions. In exchange, Ahmad helped the Boston-based bank obtain three lucrative contracts. Ahmad pleaded guilty before fleeing to Pakistan. He was eventually returned to the U.S. to serve a 15-year sentence. The SEC alleged Robert Crowe, a lawyer hired as a fundraiser and lobbyist by State Street, also took part in the kickback scheme.

South Carolina – Bill Would Require South Carolina Journalists to Register
Denver Post – Meg Kinnard (Associated Press) | Published: 1/19/2016

South Carolina Rep. Mike Pitts said it is time to register journalists in the state. His bill would create requirements for people wanting to work as a journalist for a media outlet, and also before that outlet could hire anyone for a reporting position. The secretary of state’s office would be tasked with keeping a “responsible journalism registry” and creating the criteria, with the help of a panel, on what qualifies a person as a journalist–similar to doctors and lawyers, Pitts said. He said the bill is not a reaction to any particular news story but was intended to stimulate discussion over how he sees gun issues being reported.

Virginia – Lawmakers Go on Fundraising Frenzy before Session
Deseret News – Alan Suderman (Associated Press) | Published: 1/19/2016

Like they do every year, Virginia legislators kept busy raising money from the businesses and trade associations that try to influence the laws they pass, donations that will not be made public until long after the 2016 session is over. State law forbids lawmakers from fundraising during the session, a restriction that leads to a flurry of receptions and fundraisers in the run up to it. This year there were nearly 50 fundraisers scheduled for the first two weeks in January, including 20 on the two days before the session started. Only large donations to certain campaign committees have to be reported shortly after they are given. Most campaign finance reports will not be due until this summer, meaning large sums of cash raised in the lead up to session will not be made public for months.

Washington – State Lawmaker in Olympia Asks Visiting Teens If They’re Virgins
Seattle Times – James O’Sullivan | Published: 1/18/2016

Washington Rep. Mary Dye startled a group of teen visitors by asking which ones were virgins and even suggesting one was not. The high school students had met with Dye to advocate for expanded insurance coverage for birth control as part of Planned Parenthood’s Teen Lobbying Day when she asked the intrusive question. “After she made the statement about virginity, all of my teens looked at me,” Rachel Todd, a Planned Parenthood worker accompanying the kids. “And I said, ‘You don’t have to answer that.'” Dye later said she was trying to talk about empowerment and good choices.

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.

The U.S. Court of Appeals for the D.C. Circuit has reversed a lower court ruling and rejected the challenge from Maryland Rep. Chris Van Hollen (D) concerning a Federal Election Commission (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.

County commissioners, by a unanimous vote, approved an ordinance requiring lobbyists to register and pay a yearly $50 fee. Under the previous law, lobbyists simply had to sign a registry each time they appeared to lobby.

The new law requires the lobbyist to declare who they represent, what topics they will be discussing, and with whom they are meeting. The ordinance also increases the fines for violations and increases the time lobbying privileges are suspended for repeat offenders. The definition of lobbying is also expanded to include indirect communication through emails or text messages.

The county will hold training for lobbyists in August covering the changes.

Lobbying

“Big Names Free to Lobby in 2016” by Megan Wilson for The Hill

Nebraska: “Ernie Chambers Resolution Takes Aim at Free Meals Provided by Lobbyists” by Joe Duggan for Omaha World-Herald

New Mexico: “New Mexico Lobbyist Spending Tops $818,000 in 2015” by Sandra Fish for New Mexico In Depth

New York: “Friend Gave to de Blasio Just as Client Won Permit to Stage Festival” by Michael Grynbaum for New York Times

Campaign Finance

“President Obama May Require Federal Contractors to List Campaign Gifts” by Julie Hirschfeld Davis for New York Times

“High Court Rejects Challenge over Contractor Contributions” by The Associated Press for Philadelphia Inquirer

Ethics

South Carolina: “Bill Would Require South Carolina Journalists to Register” by Meg Kinnard (Associated Press) for Denver Post

Elections

“’90s Scandals Threaten to Erode Hillary Clinton’s Strength with Women” by Amy Chozick for New York Times

“Sarah Palin Endorses Donald Trump, Which Could Bolster Him in Iowa” by Alan Rappeport and Maggie Haberman for New York Times

Legislative Issues

West Virginia: “Court Offers Little Clarity in Arguments on Hall’s Senate Seat” by David Gutman for Charleston Gazette

Alberta’s New Democratic Party has filed a calendar for the Second Session of the 29th Legislature and announced starting dates for the spring and fall sittings. The spring sitting will commence March 8 with a throne speech and is expected to run no longer than June 2. The fall sitting will begin on October 31 and end before December 1.

The spring or fall sitting of the Assembly may be shortened or extended by passage of a motion to be decided without debate or amendment. There is no word yet on when Finance Minister Joe Ceci will table the government’s budget.

Photo of Alberta’s Legislative Building in Edmonton by Tkyle on Wikimedia Commons.

Missouri House Bill 2166, just one of many ethics bills moving through the legislature, passed the Government Oversight and Accountability Committee on Tuesday and will be sent to the full House for further debate. The bill bans most lobbyist gifts to state public officials and requires itemization of expenditures on lobbying reports for certain events unless all members of the legislature or all statewide elected officials are invited.

State Rep. Justin Alferman, the bill’s sponsor, says the proposal is designed to “alleviate some of the undue influence of lobbyists in Jefferson City.”

President Obama could soon issue an executive order requiring federal contractors to disclose political campaign contributions, according to the New York Times. On January 19, White House officials said the president is “seriously considering” the order, as reported by the paper. The order has been pushed by many outside groups and by Democratic members of congress, who have in the past, and as recently as January 7th, presented the president with letters urging executive action.

Those opposed to an executive order argue, among other things, disclosure requirements encroach on free speech and are politically motivated. “The real goal of the disclosure proponents is to harass, intimidate and silence those with whom they disagree,” Blair Latoff Holmes, a spokeswoman for the U.S. Chamber of Commerce, is quoted as saying in the Times.

State Sen. Ernie Chambers introduced a resolution to prevent lobbyist-provided meals from influencing legislators. The resolution, Legislative Resolution 414, prohibits lobbyists from providing meals to legislators inside the Capitol while the legislature is in session. Last year, catering bills, paid for by lobbyists, exceeded $10,000.

Nebraska law currently limits gifts from lobbyists at $50 per month to senators and their immediate families, but meals and beverages do not count toward the limit when the lobbyist is present at the event.

Defending the tradition of a serving line during the final weeks of the session, Speaker Galen Hadley dismisses the idea of food influencing how a senator votes. Sen. Chambers believes the practice creates the appearance of impropriety and should be ended.