Lobbying

“State Legislatures Tweak Lobbying Rules as Influence Industry Targets Their Capitols” by Catherine Ho for Washington Post

California: “A Lobbying Rule to Catch Up with the Times” by Laurel Rosenhall for CALmatters

Florida: “Hillsborough Commissioners Must Now Carry 2 Cell Phones” by Mike Salinero for Tampa Tribune

Massachusetts: “Walsh Reverses Course, to Back Lobbying Rules” by Andrew Ryan and Mark Arsenault for Boston Globe

New Mexico: “New Mexico Election Officials Unveil Lobbyist Training Guide” by Susan Montoya Bryan (Associated Press) for Fresno Bee

Ohio: “Ginther Proposes New Ethics Regulations” by Lucas Sullivan for Columbus Dispatch

Campaign Finance

“Federal Election Commission May Vacate Headquarters” by Dave Levinthal for Center for Public Integrity

“You Want to Give to Ted Cruz’s Super PAC? First Figure Out Which One.” by Matea Gold and Katie Zezima for Washington Post

Montana: “New Campaign Finance Rules Take Effect in Montana” by The Associated Press for Billings Gazette

Pennsylvania: “City Campaign Finance Limits Increased” by Claudia Vargas for Philadelphia Inquirer

Ethics

Florida: “Gainesville Mayor Files Ethics Complaint against Himself after Daytona Strip Club Trip” by GateHouse Media Services for Daytona Beach News-Journal

Maine: “Maine Governor Blames Media for Racially Charged Language Dust-Up” by Gregory Krieg for CNN

Minnesota: “Minnesota Lawmaker Tried to Personally Sway Judge to Rethink $240,000 Judgment against Firm” by Brian Bakst (Associated Press) for Minneapolis Star Tribune

Montana: “Montana Campaign Contribution Limits to Rise for Some Candidates” by Troy Carter for Bozeman Daily Chronicle

Ohio: “City Hall Hit with another Ethics Investigation” by Lucas Sullivan for Columbus Dispatch

South Dakota: “Voters to Decide on Campaign Finance Overhaul” by Dana Ferguson for Sioux Falls Argus Leader

Utah: “Ken Ivory Was Cleared in Fraud Probe Because Utah AG Found No Victims, Records Say” by Robert Gehrke for Salt Lake Tribune

Elections

“Political GIFs Are the New Sound Bites This Campaign Season” by Nick Bilton for New York Times

On January 9, a $10 increase in contribution limits for certain candidates becomes effective in the state of Montana.

Pursuant to state statute, the Office of the Commissioner of Political Practices, adjusting contribution limitations to reflect the consumer price index, has raised the contribution limit for candidates for the governor and lieutenant governor from $650 to $660. Candidates for statewide office may now accept $330, up from $320. The contribution limit of $170 remains the same for all other public offices, including state Senate and state House. Montana’s contribution limits continue to be contested in the court challenge of Lair v. Bullock, which argues the state’s political contribution limits are unconstitutionally low.

This week, Governor Snyder signed Senate Bill 571, a bill that affects what public officials and organizations can and cannot do within 60 days of an election. The bill prohibits local officials from publicly discussing ballot proposals or millage issues in the 60 days leading up to an election.

Despite approving the bill, Snyder urged the Legislature to pass further legislation clarifying some key provisions of the bill that some say infringe on protected free political speech. The 53 page bill was originally much shorter until last minute amendments were passed with no public hearings. Senate Bill 571 also eliminates the need for February quarterly reports for political action committees.

National:

National Liberal Groups to Push ‘Record’ Number of 2016 Ballot Measures
Center for Public Integrity – Liz Essley Whyte | Published: 1/6/2016

Liberal groups working at the national level are using state ballot initiatives as their weapon of choice in 2016, but given the costs, they are carefully planning exactly where to push these measures. That top-down approach seems ironic. The initiative process was put in place at the beginning of the 20th century as a way for local citizens to band together to pass laws. And voters may not be aware that national groups are helping fuel the ballot fights in their backyards. Still, national liberal leaders see state ballot measures as their best option for winning on some issues. National conservative groups, meanwhile, seem poised to play defense, setting up a battle of outsiders on state playing fields.

Federal:

For Hillary Clinton, Old News or New Troubles?
Washington Post – Karen Tumulty and Frances Stead Sellers | Published: 1/6/2016

Donald Trump’s focus on the scandal that almost derailed Bill Clinton’s presidency is something Hillary Clinton’s campaign long expected. What remains to be seen is whether a reminder of allegations of sexual impropriety against President Clinton, which were deemed to have varying levels of credibility when they were first aired, can gain new traction in a different context. The fresher case being made is that Hillary Clinton has been, at a minimum, hypocritical about her husband’s treatment of women, and possibly even complicit in discrediting his accusers. And it is being pressed at a time when there is a new sensitivity toward victims of unwanted sexual contact.

How Obama Failed to Shut Washington’s Revolving Door
Politico – Josh Gerstein | Published: 12/31/2015

Barack Obama’s vow to end the “revolving door” in Washington was central to the narrative animating his 2008 campaign: a promise of wholesale change to business as usual. But seven years into Obama’s presidency, the “revolving door” shuttling officials out of his administration is spinning at a rapid clip, and he has seen his campaign promise founder against the deeply ingrained culture of selling government expertise in the nation’s capital. “They were overpromising on something they could never deliver – it’s worse than doing nothing,” said Melanie Sloan, former executive director of Citizens for Responsibility and Ethics in Washington.

Marco Rubio’s Shiny Boots Stir Up the Presidential Race
New York Times – Vanessa Friedman | Published: 1/7/2016

Are they a surprisingly fashionable choice of footwear (One Direction’s Harry Styles is said to have a similar pair) or a less generously termed set of “men’s high-heeled booties?” The political and fashion world have been set atwitter since New York Times reporter Michael Barbaro spotted U.S. Sen. Marco Rubio “rocking some seriously fashionable black boots” in New Hampshire. The fashion choice had become a target of ribbing from his rivals for the Republican presidential nomination. “We’ve seen Rubio has those cute new boots and I don’t want to be outdone,” U.S. Sen. Rand Paul said, while surrounded by shelves of shoes in Whoopi Goldberg’s dressing room before an appearance on “The View.”

From the States and Municipalities:

Colorado – Colorado Ethics Commission Has No Investigators, Little Authority
Denver Post – Joey Bunch | Published: 1/4/2016

The Colorado Independent Ethics Commission is struggling to do its work for lack of authority, resources, and money, say critics who include former administrators. The commission has declined to hear about 87 percent of the complaints it has received since it was created in 2006. Unless a public official or government employee received a gift worth more than $53 or seeks a job as a lobbyist, there is little else the commission concerns itself with. Nonetheless, there is a proposed ballot question for next year to extend the commission’s narrow authority over public employees to the judicial system.

Florida – Painful Lessons for a Troubled Florida Legislature
Tampa Bay Times – Steve Bousquet | Published: 1/5/2016

In a year that was defined by dysfunction at the Florida Capitol, the House violated the state constitution by shutting its doors prematurely. Senators later admitted they defied the will of the people by drawing districts to save their own careers at the expense of fair districts that the constitution demands. Sharply divided over whether to expand health care, lawmakers nearly failed to execute their one prescribed duty, passing a budget. Three special sessions later, as unresolved legal skirmishes over redistricting still reverberated in the courts, lawmakers were vilified as arrogant and out of touch, and some said they deserved it. Lawmakers, lobbyists, and observers see systemic problems that are bad for democracy.

Kentucky – Prosecutor Urges Vigilance against Legislative Corruption
Fresno Bee – Bruce Schreiner (Associated Press) | Published: 1/6/2016

Preet Bharara, the U.S. attorney in Manhattan who recently secured the convictions of two top New York lawmakers, said the blame for corruption lies not only with bad actors but also with the “good people” who do not try to stop it. Bharara’s speech at the Kentucky General Assembly’s annual ethics training was his first before a full state Legislature. It came at the request of Kentucky officials. During an address that lasted about 45 minutes, Bharara drew occasional laughter, nodding approval, and gasps of disbelief, particularly when he quoted wiretapped phone conversations and other evidence from recent public corruption trials.

Maine – Clinton Donors Use Maine Democrats to Skirt Campaign Cash Limits
Ellsworth American – Naomi Schalit (Maine Center for Public Interest Reporting) | Published: 1/7/2016

Fourteen out-of-state donors gave $93,552 to the Maine Democratic Party since mid-September 2015. But all the contributions have not stayed in Maine, or any of the other state Democratic parties to which Hillary Victory Fund donations have been funneled. FEC reports show two transfers totaling $39,000 from the Hillary Victory Fund to the Maine Democratic Party each sat for less than 48 hours with the party before the exact same amounts were transferred to the Democratic National Committee (DNC). While individual contributions to the state and national parties are capped, transfers between state and national committees are unlimited. That means that, effectively, donors can skirt contribution limits to the DNC or state parties by giving through joint fundraising committees like the Hillary Victory Fund.

Michigan – Gov. Rick Snyder Signs Campaign Finance Bill Locals Say Amounts to a ‘Gag Order’
MLive.com – Emily Lawler | Published: 1/6/2016

Michigan Gov. Rick Snyder signed a bill that prohibits public money or resources from being used to disseminate information about local ballot measures through television and radio ads, mass mailings, or “robo-calls” in the 60 days before an election. Local officials said the law will keep voters in the dark about important issues because they no longer will receive unbiased educational materials in the two months prior to an election. Some Republicans who voted for the legislation said they did not realize its ramifications. Senate Bill 571 also bars companies from deducting union PAC contributions from employees’ paychecks while allowing deductions for corporate PACs, and requires political and independent committees to file annual reports, among other provisions.

Missouri – Bill Requires Reporting Sex between Lawmakers and Lobbyists on Ethics Forms
Columbia Tribune – Rudi Keller | Published: 1/6/2016

Lobbyists who have sex with a state lawmaker or their staff members would have to disclose it to the Missouri Ethics Commission under a new bill. House Bill 2059 defines sex between lobbyists and legislators as a gift. As such, sexual relations would have to be included on monthly lobbyist gift disclosure forms. The proposal excludes sex in marriage or a relationship that began before either party’s registration as a lobbyist, election to the Legislature, or employment on a legislative staff.

New Jersey – AG: Former Birdsall exec McFadden pleads guilty to misconduct
PolitickerNJ; Staff –   | Published: 1/6/2016

Scott McFadden, former chief administrative officer of Birdsall Services Group, pleaded guilty to corporate misconduct in the criminal “pay-to-play” case. Under terms of a plea bargain, the state will recommend a sentence of up to 364 days in jail. McFadden also will be required to forfeit $30,000 to the state. The amount represents political contributions he made on behalf of Birdsall that were later reimbursed to him by the firm. The company pleaded guilty in 2013 to money laundering and making false representations for government contracts and was fined $1 million. The company was essentially crippled when the state froze its assets in the wake of the indictment, forcing Birdsall to file for bankruptcy. The company and its executives were accused of masking corporate political contributions to campaigns and political organizations that otherwise would disqualify it from receiving public contracts.

New York – Albany’s Businessman-Legislators Scoff at a Call to Make Lawmaking Full-Time
New York Times – Vivian Yee | Published: 1/5/2016

The list of lawyers, insurers, and full-time politicians in the New York Legislature is long, and outside income, as the money earned from non-legislative work is known, is at the crux of the corruption scandal that toppled the former speaker of the Assembly in November. Reformers say to clean up Albany, outside income must be capped or done away with. Some have gone even further, suggesting the Legislature, a part-time institution that pays its members $79,500 a year, should become full time with a commensurate salary. But legislators see no conflict between their business activities and lawmaking, and their contempt for Albany makes a full-time Legislature seem nonsensical.

New York – Setting Precedent, Conflict of Interest Board Settle with Mark-Viverito
Capital New York – Gloria Pazmino | Published: 1/6/2016

New York City Council Speaker Melissa Mark-Viverito will pay a $7,000 fine for breaking laws on taking gifts from lobbyists under a settlement with the Conflicts of Interest Board. Mark-Viverito admitted she ran afoul of the rules by taking free help from Scott Levenson and his consulting firm the Advance Group when she was running for speaker two years ago. Levenson, a registered lobbyist, and two staffers spent months working on Mark-Viverito’s bid for the top job, attending “kitchen cabinet” meetings to prepare her for debates with other speaker candidates and networking events. They also redesigned a flyer for a reception hosted in her honor and spent $1,796.44 to have 3,000 copies of it printed. Mark-Viverito was never billed for the work. Rules bar public officials from taking gifts worth more than $50 from people who do business with the city. And lobbyists are barred from giving any gifts to politicians.

Oregon – Uber Fined $2,000 for Violating Portland Lobbying Rules
Portland Oregonian – Brad Schmidt | Published: 1/5/2016

Portland City Auditor Mary Hull Caballero fined the Uber ride-hailing service $2,000 for violating lobbying regulations by not disclosing its ties to political consultant Mark Wiener. The city auditor’s office had sent warning letters to Mayor Charlie Hales and city Commissioner Steve Novick for meeting with Wiener and Uber officials without disclosing the contact, as required by the law. The meeting took place at Wiener’s home as the city council was considering whether to allow such companies to operate in Portland. Hull Caballero issued the maximum fine because she found Uber showed a pattern of noncompliance, noncooperation, and incomplete disclosures.

Pennsylvania – Pennsylvania Legislature Aims at Lobbying Overhaul; Reaction Mixed
Pittsburgh Post-Gazette – Kate Giammarise and Chris Potter | Published: 1/4/2016

As proposed by five Senate Republicans in Pennsylvania, a “Lobbyist Reform Package” includes six measures, among them: stricter reporting of gifts to state officials, increasing fines on lobbyists who violate such requirements, and requiring state officials to disclose when a spouse or other family member is a lobbyist. Another proposal would prohibit lobbyists from being paid to work on political campaigns or having financial ties to a consultant who does. Even some lobbyists say an overhaul is needed. But several insiders say elements of the package appear to be targeted at one firm, Long Nyquist and Associates, and two of its clients: United Food and Commercial Workers Local 1776, which represents state store workers, and the Pennsylvania State Education Association.

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 City and Borough of Juneau Assembly voted to call for a special election to elect a mayor for the remainder of the current term. Deputy Mayor Mary Becker stepped in to the role in November following the passing of Mayor Greg Fisk. The special election will be held Tuesday, March 15. Because Becker was serving as Assemblymember for District 1 when she became mayor, there is now a vacant seat on the Assembly.

Interested applicants for the seat will be interviewed during a Special Assembly meeting on Monday, January 11. On Tuesday, January 12, the Assembly will hold a Special Assembly Meeting with the Juneau Legislative Delegation and will conduct a public hearing followed by Assembly action regarding appointment to the vacant District 1 seat.

South Dakota Rep. Jim Bolin believes ballot initiatives should require support from voters across the state prior to being added to a ballot. He plans to introduce a bill limiting the number of signatures from the state’s three largest counties by population to no more than 50 percent of the signatures obtained. According to U.S. Census data, those three counties account for nearly 40 percent of the state’s population.

Bolin claims the signatures gathered in the three counties do not always represent the interest of the entire state. Ballot measure sponsors, however, do not want to restrict a voter’s right to be considered qualified based on his or her county of residence.

State Rep. Bart Korman filed a bill on Wednesday to add sex between lawmakers and lobbyists to the gifts required to be reported on ethics forms. The bill defines a reportable sexual gift as “sexual relations between a registered lobbyist and a member of the general assembly or his or her staff.” It excludes sex in a marriage or in a relationship in existence prior to either party’s lobbyist registration or legislative employment.

State Rep. Caleb Rowden has proposed a gift ban barring lobbyists from giving any tangible or intangible service or thing of value to an elected official or to the official’s staff, spouse, or dependent children. Korman says he has no objections to such a gift ban, but stresses there should be no easy ways around it.

While Korman’s bill covers sex as a defined gift, the reporting of sexual relations would not require a dollar valuation.

Columbus Mayor Andrew Ginther has proposed three new ordinances providing for an increase in lobbying oversight and gift disclosure, additional campaign finance disclosure, and the hiring of an inspector general. Columbus City Council is expected to hold a public hearing on the proposals in the coming weeks and to vote on them by late February.

With the lobbying proposal, Ginther wants the city to establish a new lobbyist registry to track the activity of lobbyist vendors seeking contracts with the city. Additionally, lobbyists would be required to disclose expenditures made on elected officials and department directors.

Photo of Mayor Ginther by David Paul on Wikimedia Commons.

Lobbying

New York: “Setting Precedent, Conflict of Interest Board Settle with Mark-Viverito” by Gloria Pazmino for Capital New York

Campaign Finance

“Court Declines Role in Campaign Finance Case” by Cameron Langford for Courthouse News Service

“How Secretary of State Hillary Clinton Cared for Democratic Donors” by Isaac Arnsdorf for Politico

New Jersey: “AG: Former Birdsall exec McFadden pleads guilty to misconduct” by Staff for PolitickerNJ

Pennsylvania: “Allentown Controller Mary Ellen Koval Resigns amid FBI Probe” by Emily Opilo for Allentown Morning Call

Ethics

Arizona: “High Court Closes Case against Ex-Utility Regulator” by Bob Christie (Associated Press) for Arizona Daily Sun

California: “Ethics Commission Defying Mayor Ed Lee on Requested Budget Cuts” by Joshua Sabatini for San Francisco Examiner

Elections

“National Liberal Groups to Push ‘Record’ Number of 2016 Ballot Measures” by Liz Essley Whyte for Center for Public Integrity

“Racial Identity, and Its Hostilities, Return to American Politics” by Eduardo Porter for New York Times

City Council Speaker Melissa Mark-Viverito has agreed to pay $7,000 to settle charges of campaign finance violations. Mark-Viverito was accused of accepting free consulting advice from a lobbyist in her efforts to land her position in 2013. In addition to the $7,000 fine, Mark-Viverito must pay over $3,700 to the Advance Group, who was the consulting organization giving her free advice.

Along with Mark-Viverito, Scott Levenson, the Advance Group’s president and a registered lobbyist, was also fined $4,000 for his role in the matter. The Advance Group was previously fined $15,000 by the New York City Campaign Finance Board and $10,800 by the state of New York for other violations in the 2013 elections.

Photo of City Council Speaker Melissa Mark-Viverito by wiscDennis on Wikimedia Commons.

On January 5, California legislators introduced a bill with pay-to-play implications. Sen. Jerry Hill introduced a bill forbidding members of the state Board of Equalization from acting on any tax matters involving donors who had given any amount of money to their political campaigns in the previous 12 months.

Hill and his fellow lawmakers are concerned about a loophole that currently exists allowing companies with an interest in board decisions to skirt the limit.

The bill is now being considered in committee.

Photo of Sen. Jerry Hill by Dave on Wikimedia Commons.

Lobbying

“State Focus and Infusion of Funding Buoy Gun Control Advocates” by Eric Lichtblau for New York Times

Michigan: “Top Snyder Aide to Register as Lobbyist” by Paul Egan for Detroit Free Press

Oregon: “Uber Fined $2,000 for Violating Portland Lobbying Rules” by Brad Schmidt for Portland Oregonian

Campaign Finance

California: “California Supreme Court Allows Campaign Finance Measure on Ballot” by Alexei Koseff for Sacramento Bee

New Mexico: “New Test for Campaign Financing” by T.S. Last for Albuquerque Journal

Elections

“How the Koch Network Rivals the GOP” by Kenneth Vogel for Politico

“The Political Consultant Racket” by Adam Sheingate for New York Times

Legislative Issues

Florida: “Painful Lessons for a Troubled Florida Legislature” by Steve Bousquet for Tampa Bay Times

New York: “Albany’s Businessman-Legislators Scoff at a Call to Make Lawmaking Full-Time” by Vivian Yee for New York Times

The New Hampshire Legislature begins the New Year addressing campaign finance issues stemming from the U.S. Supreme Court Citizens United decision. On Wednesday, January 6, the House will review Senate Bill 136, a bill first introduced in the 2015 legislative session. The bill, which passed the Senate last year, establishes a committee to review constitutional amendments pending in Congress regarding the Citizens United decision and related cases having been introduced in the United States Supreme Court.

Photo of the New Hampshire State House by AlexiusHoratius on Wikipedia.

Enjoy these fun photos from recent events: