Former Assembly Speaker Sheldon Silver was expelled from the legislature on November 30, 2015, after being found guilty of abusing his power to collect over four million dollars in illegal bribes and kickbacks.  Silver’s conviction triggered the automatic expulsion from the Assembly, and Silver faces a maximum of 130 years in prison.

Silver, who is currently free on bail, vowed to appeal the conviction.

An updated Lobbyists’ Code of Conduct, which had not been revised since 1997, goes into effect today.

The new Code prohibits lobbyists from lobbying a public official if the lobbyist has campaigned for or has a business interest with the public official. Lobbyists will now be held responsible for giving prohibited gifts to public officials.

The revised rules are aimed at increasing transparency and public trust in officeholders.

Lobbying

“Penalty against lobbying firm sends message to an industry unfamiliar with prosecution” by Marcus Howard in the Los Angeles Times

New York: “Corruption trial: Adam Skelos laid out lobbyists’ views of upstate, downstate” by Chris Bragg in the Albany Times Union

Campaign Finance

“GOP rider would boost party spending” by Kenneth Vogel and Seung Min Kim in Politico

“Campaign Spending’s Gray Areas Are Getting Politicians Into Trouble” by Alan Greenblatt in Governing

California: “California campaign law’s loopholes allow donors to skirt limits” by The Associated Press in the San Jose Mercury News

Hawaii: “High Court Rejects Challenge to Hawaii Campaign Finance Laws” by The Associated Press on ABC News

New Mexico: “New Mexico lawmakers to discuss campaign finance reform” by The Associated Press in the San Francisco Chronicle

Ethics

“Funding for lawmakers’ portraits under fire” by Megan Wilson in The Hill

New Mexico: “Will 2016 be the year for ethics reform in New Mexico?” by Steve Terrell in The New Mexican

Elections

“5 takes on 2016 as the campaign kicks into high gear” by Glenn Thrush in Politico

“The 2016 ballot wars begin” by Shane Goldmacher in Politico

Congress

“Congress Has a List of Deadlines, Is Checking It Twice” by Emma Dumain in Roll Call

“Dems go digital with whip operation” by Scott Wong in The Hill

Beginning January 2016, LeeAnn Pelham will be the new executive director of the San Francisco Ethics Commission.

Pelham previously served as the director of the Los Angeles Ethics Commission and is expected to use her prior experience to shape ethics and enforcement policy in the city.

On November 24, Montana Political Practices Commissioner Jonathan Motl formally filed new campaign finance rules with the secretary of state. The 50 plus pages of new rules do not take effect until published, which is expected to be in early 2016. The State Administration Committee is conducting a poll among all state legislators to determine whether lawmakers consider the rules consistent with the intent of recent legislation. Motl has agreed to delay the rules until the lawmakers’ poll is concluded.

Among the changes in the new rules, electronic filing of reports will be required and will then be immediately available to the public online. “It’s going to increase transparency in a way that this state has never seen,” Motl said, according to Montana Public Radio.

State House Democrats announced their plan to introduce a package of bills aimed at creating an independent ethics commission, overhauling the state’s lobbyist and campaign finance reporting systems, and strengthening forfeiture penalties for corrupt officials.

Following the scandal of former Secretary of State Dianna Duran involving fraud and embezzlement, the state lawmakers plan on introducing the bills in the upcoming legislative session as a way to promote trust and transparency.

Pre-filing of proposed legislation can begin on December 15, and the 2016 legislative session will open on January 19.

Lobbying

“Twilio, TaskRabbit hire first lobbyists” by Mario Trujillo in The Hill

Campaign Finance

“Ben Carson’s Book Tour Draws Campaign Finance Complaint” by Trip Gabriel in The New York Times

Montana: “Political Practices boss adopts new campaign finance rules” by The Associated Press in the Independent Record

New Mexico: “House Democrats push campaign finance reform, ethics board” by Susan Montoya Bryan (Associated Press) in the Sun Herald

Ethics

California: “S.F. Ethics Commission hires director with long experience in L.A.” by Lizzie Johnson and Heather Knight in the San Francisco Chronicle

New York: “Thomas Libous, Ex-New York State Senator, Gets Probation and Home Confinement in Corruption Case” by Vivan Yee in The New York Times

Elections

“Forget the 2016 Polls: Nobody Knows Anything Yet” by S.V. Dáte (National Journal) in Government Executive

Government Transparency

Missouri: “Auditor finds Sunshine Law violations in closed meetings” by Summer Ballentine (Associated Press) in the Columbia Daily Tribune

Social Media and Tech

“Top Ten Presidential Campaign Facebook Posts (11/13 to 11/19/2015)” by Colin Delany in Epolitics.com

Councilwoman Maria Carmen del Arroyo has announced her plans to resign from the position effective December 31, 2015. Arroyo released a statement citing “pressing family needs” as her reason for stepping down, but it has been reported that the move has been made for a potential jump to the private sector.

Arroyo’s resignation will trigger a special election for the open seat. Mayor Bill de Blasio will have until three days after the vacancy to declare a date for a special election.

Lobbying

Arizona: “In Arizona, lobbyist disclose spending; you just don’t know on whom” by Justin Price in The Arizona Republic

Canada: “Lobbying: important amendments to the Lobbyists’ Code of Conduct” by Gregory Kane, V. Peter Harder and Danylo Korbabicz in Lexology

Campaign Finance

Kansas: “House-Senate panel votes to double campaign donation limits” by Tim Carpenter in The Topeka Capital-Journal

State Legislatures

Florida: “State Lawmakers Pushing To Extend Legislative Terms” by Nick Evans in WFSU.org

Vermont: “Off-session legislative activity causes concern” by Neal Goswami in the Times Argus

Washington: “Liias, Ryu selected for leadership posts in State Legislature” in My Edmonds News

Elections

“What to Know About the Presidential Race Today” in The New York Times

Redistricting

Florida: “Redistricting challengers amend filed maps, withdraw plan to cross Tampa Bay” by Mary Ellen Klas in Tampa Bay Times

The Alaska Public Offices Commission proposes to adopt regulation changes concerning mitigation criteria and penalty assessment for violations of state lobbying and campaign finance laws. Substantive changes include expanding the definition of inexperienced filer to take into account technical issues, defining self-reporting, and limiting penalties to be considered out of proportion to the alleged violation.

Written comments must be submitted to the Commission by January 29, 2016. Oral comments may be submitted at a hearing on February 11, 2016 in Anchorage. The Commission will aggregate its response to substantially similar questions and make the questions and responses available on its website.

The Oregon Government Ethics Commission has announced the date their new online filing system will go live for lobbyist registration.

Starting December 15, lobbyists should be able to register through the new online system for 2016.

The online system has been planned since 2007, and aims to increase transparency by allowing the public to view lobbying and public official financial disclosures online.

Lobbying

“Start-Up Leaders Embrace Lobbying as Part of the Job” by Cecilia Kang in The New York Times

Campaign Finance

Kansas: “Wichita City Council considers changes to campaign finance, salaries” by Kelsey Ryan in The Wichita Eagle

Washington: “Seattle provides cash for average political players” by Gene Johnson (Associated Press) in The Detroit News

Ethics

“Ethics Committee Defers to DOJ on Pittenger Probe” by Bridget Bowman in Roll Call

Oregon: “Online financial disclosure system to launch Jan. 1” by Hillary Borrud in The Daily Astorian

Elections

Maine: “Maine May Be 1st State to Eliminate ‘Winner Take All’ Elections” by Christopher Cousins (Tribune News Service) in Governing

Legislative Sessions

Indiana: “Four things to expect from the Indiana legislature” by Brian Slodysko (Associated Press) in the Courier-Journal

Kansas: “Kansas black leaders agree on legislative, election agenda” by The Associated Press in The Topeka Capital-Journal

Massachusetts: “State legislative session sputters to an end” by Frank Phillips in the Boston Globe

Government Transparency

Alaska: “Alaska’s Open Data Portal Still Dark” by Nathaniel Herz (Alaska Dispatch News) in Government Technology

National:

Inside the Clinton Donor Network
Washington Post – Matea Gold, Tom Hamburger, and Anu Narayanswamy | Published: 11/19/2015

The Washington Post identified donations from roughly 336,000 individuals, corporations, unions, and foreign governments in support of the political or philanthropic endeavors of Bill and Hillary Clinton. The investigation found many top patrons supported them in multiple ways, helping finance their political causes, their legal needs, their philanthropy, and their personal bank accounts. The Clintons’ fundraising operation – $3 billion amassed by one couple, working in tandem for more than four decades – has no equal. The donor network is now serving as both a prime asset and liability for Hillary Clinton as she seeks the Democratic presidential nomination.

One Slogan, Many Methods: Black Lives Matter enters politics
New York Times – John Eligon | Published: 11/18/2015

Black Lives Matter began as a hashtag and grew into a protest slogan – after prominent police killings of blacks over the past year – and became an Internet-driven civil rights movement. The phrase is as much a mantra as a particular organization, with the general public lumping numerous groups under the Black Lives Matter banner, even if they are not officially connected. Yet amid the groups’ different approaches has been a swirl of political activity. Local affiliates of the Black Lives Matter organization have disrupted numerous Democratic presidential campaign events, pushing the candidates to support policies to end mass incarceration and police brutality. That organization now has 26 chapters that largely set their own direction. Yet the young and sometimes cacophonous movement is struggling to find its voice, as the activists who fly its banner wade into national politics.

Republican Governors: A winning machine
Politico – Kevin Robillard | Published: 11/18/2015

While Democrats have reshaped the federal government under President Barack Obama, Republicans have methodically taken over state after state around the country, swelling the number of GOP governors from 19 to 31 and enacting conservative priorities from budget cuts to new restrictions on unions and abortion. Behind each of those policy and political victories was the Republican Governors Association (RGA), planning, funding, and executing the GOP’s state-based resurgence. The RGA has avoided congressional Republicans’ problems, especially in hard-to-win blue states, by playing a relentless but “quiet” role in recruiting candidates that fit their states, said former RGA Director Phil Musser.

The Koch Intelligence Agency
Politico – Kenneth Vogel | Published: 11/18/2015

An operation that is part of the Koch brothers’ political network conducts surveillance and intelligence gathering to try to thwart liberal groups and activists, and to identify potential threats to the network. The intelligence team has a staff of 25, including one former CIA analyst. It sends regular emails tracking the canvassing, phone-banking, and voter-registration efforts of labor unions, environmental groups, and their allies. The team utilizes high-tech tactics to track the movements of liberal organizers, including culling geo-data embedded in their social media posts. “We were caught off guard by what the left was doing in 2012, and we’d be foolish to be caught in that position again,” said Marc Short, president of Freedom Partners Chamber of Commerce, the network’s central group.

Federal:

Clinton, Bush Lawyers Square Off in FEC Proxy War
Politico – Isaac Arnsdorf and Theodoric Meyer | Published: 11/11/2015

Requests to relax limits on coordination between candidates and super PACs left the FEC divided recently. The often-deadlocked commission only managed to agree on five of the dozen questions that were raised at a hearing. They were unable to reach a majority decision on whether a potential candidate could form a super PAC before announcing his or her campaign, or whether a potential candidate could share advance plans with a super PAC before jumping into the race. They also could not agree on whether super PACs could film footage of potential candidates with an eye toward using it in ads. Four of the six commissioners did vote to let candidates attend fundraisers with as few as two donors.

From the States and Municipalities:

Arizona – Lobbying Records Only Disclose Recipient for $1 Out of Every $8 Spent
Arizona Center for Investigative Reporting – Justin Price | Published: 11/13/2015

Lobbyists in Arizona are required to report their expenditures in quarterly reports. But loopholes and minimal regulatory oversight leave room for them to spend without reporting who benefited. Lobbying records for 2015 include a beneficiary for one dollar out of every eight dollars spent. A report by the Center for Public Integrity gave Arizona’s lobbying disclosure an “F” grade. Reporting exemptions exist for both large- and small-dollar expenditures and lobbyists face minimal threat of being audited for filing reports incorrectly or incompletely.

California – California Ethics Panel Targets Vague Lobbying Payments
Sacramento Bee – Jeremy White | Published: 11/18/2015

Under current California law, anyone who spends at least $5,000 to sway legislation or administrative rulemaking must file quarterly reports. But much of the spending falls into a nebulous category called “other payments to influence,” a designation that can include the cost of mounting advertising campaigns, paying office overhead, and retaining political consultants. Seeking more clarity, the Fair Political Practices Commission is pushing an amendment that would have lobbyist employers break down expenditures that exceed $2,500 into an array of categories that include paying employees other than lobbyists, advertising, and public affairs work. They also would have to disclose the recipients of the payments.

California – Inside California Lawmakers’ Paid Trips to Maui
Sacramento Bee – Alexei Koseff | Published: 11/18/2015

The California Independent Voter Project’s annual conference has once again arrived, bringing together 21 state lawmakers and dozens of corporate sponsors for five days in Hawaii. This type of travel is nothing new for California legislators, who have been venturing overseas for decades at the expense of business groups, labor unions, foreign governments, and their campaign donors. Yet the Independent Voter Project conference, with its luxurious setting, has become something of a lightning rod for criticisms about the cozy relationship between lawmakers and special interests. “… If the purpose of the trip were to educate lawmakers about the problems of California, they would go to Fresno,” said Jack Pitney, a professor of politics at Claremont McKenna College.

Florida – County Ethics Commission Sues Hialeah Mayor for Trying to Pay $4K Fine with Pennies
Miami Herald – Brenda Medina | Published: 11/18/2015

The Miami-Dade Commission on Ethics and Public Trust sued Hialeah Mayor Carlos Hernandez for trying to pay a $4,000 fine with 28 buckets of pennies and nickels. The commission also doubled the fine imposed on Hernandez, saying he intentionally broke its regulations by sending the 360,000 coins even though he knew the panel accepts only checks.

Illinois – Feds Seize Computers, Files on Chicago Officials from Outgoing Inspector General
Politico – Natasha Korecki | Published: 11/16/2015

The FBI seized documents and computers from legislative Inspector General Faisal Khan’s office on his last day overseeing Chicago elected officials. Kahn said the office was working on several investigations. In the past four years, the inspector general’s office has had a tumultuous relationship with City Hall. While the office had jurisdiction over aldermen and support staff, it could not launch investigations based on anonymous complaints, and required the notification of any subject under investigation. Khan spoke about his disbelief both with the mayor’s office and with the city council over their resistance to oversight. “Thirty aldermen over 40 years have gone to jail. … I would describe to you that the oversight in Chicago is comparable to the Wild West – anything goes,” Kahn said.

Montana – Committee Fails to Block New Campaign Rules
Flathead Beacon – Matt Volz (Associated Press) | Published: 11/17/2015

New rules affecting Montana’s campaign finance law will take effect after a legislative committee failed to delay the changes. The regulations will be adopted by Commissioner of Political Practices Jonathan Motl in the coming days after a final review. They will become effective once they are published by the Montana secretary of state, which will likely happen in February, and will apply to the 2016 primary elections in June. The guidelines will require more reporting by candidates and organizations, tighten restrictions on candidate coordination, and require same-day electronic reporting of contributions.

New Mexico – Acting SOS Plans to Clarify Lobbyist Contributions
New Mexico in Depth – Sandra Fish | Published: 11/18/2015

Acting Secretary of State Mary Quintana intends to clarify rules on how lobbyists report campaign contributions to candidates in New Mexico. Lobbyists often contribute on behalf of their clients. But some list the clients as the donors in their reports and others do not. Some of those listings are also unclear about who the recipient is – a candidate or a candidate’s PAC.

Ohio – Ohio Probes Whether Wright University Violated Lobbying Laws
Washington Times; Associated Press –   | Published: 11/19/2015

Ohio Attorney General Mike DeWine is investigating whether Wright State University and its consultant, Ron Wine, violated lobbying laws when the university paid him nearly $2 million without prior approval from the state Controlling Board. State law since 2011 has mandated that public universities get Controlling Board approval for any lobbying contracts that exceed $50,000 in a calendar year. Employees paid to advocate for their clients’ interest are required to register as lobbyists if that part of their job exceeds five percent of their workload for legislative lobbying or 25 percent for executive branch lobbying. Ohio Legislative Inspector General Tony Bledsoe gave the university 15 days to register Wine as a lobbyist or explain why he is not one.

Texas – Travis County Has No Rules for Registering Lobbyists
Austin American-Statesman – Sean Collins Walsh | Published: 11/15/2015

Lobbyists are not required to register with Travis County, and firms do not have to disclose who is being paid to advocate for them. The city of Austin’s and the state of Texas’ lobbying disclosure systems are often criticized for loopholes and poor enforcement, but they still provide a level of transparency that Travis County’s procedures do not address. Advocates for lobbyist registration say it enables the public to monitor who is influencing government decisions and reduces the likelihood that insider deals will go undetected, or at least makes it easier to figure out what happened if a transaction is later scrutinized.

Wisconsin – Assembly GOP Approves Rewritten Campaign Finance Laws, GAB Overhaul
Milwaukee Journal Sentinel – Patrick Marley | Published: 11/16/2015

The Wisconsin Assembly gave final approval to a pair of bills that would alter the flow of money to campaigns and change oversight of ethics laws. Gov. Scott Walker is expected to sign them into law. One bill would replace the Government Accountability Board, which is comprised of retired judges, with two separate panels consisting of partisan appointees. The other bill would make clear that candidates can coordinate political activity with issue advocacy groups that do not have to disclose their donors. It would also double allowable individual campaign contribution limits, do away with a requirement that donors giving more than $100 to campaigns disclose who they work for, and allow corporate contributions to political parties and legislative campaign committees for the first time.

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.