The Pennsylvania Ethics Commission is increasing its enforcement efforts against those who fail to report lobbying expenditures. This year, 31 groups were cited for failing to file expense reports with fines totaling $90,300. In comparison, last year, only 15 citations were issued with fines reaching $44,000.

At the same time, the General Assembly is working on legislation to increase the penalty for noncompliance. House Bill 1348’s proposed increase is from $50 per day to a tiered system where the fine increases the later the report becomes. The bill passed the House unanimously in October and is awaiting action in the Senate.

Two bills passed the Wisconsin Senate early this month, likely changing the state’s future political landscape. One bill eliminates the Government Accountability Board and creates two bipartisan commissions to oversee ethics and elections.

The other bill overhauls state campaign finance laws. It doubles campaign contribution limits and defines express advocacy. Critics argue it creates a potentially dangerous loophole for candidates to loosely coordinate with outside advocacy groups.

The Assembly passed both bills in October but must vote on the revised versions with Senate amendments. It will consider both bills on November 16 in an extraordinary session. The bills are expected to pass and be delivered to Gov. Scott Walker by the end of the month.

Photo of the interior of the Wisconsin State Capitol by Dori on Wikimedia Commons.

The Ethics Review Commission has given its support to Council Member Leslie Pool’s proposed lobbying law changes. These changes include broadening the definition of lobbyist, increasing disclosure requirements, and removing a loophole allowing part-time lobbyists to avoid registering.

Pool’s proposal has been met with opposition from those involved in the design and building industries. They claim the ordinance is too broad and would require architects, engineers, and others involved in the building industries to register as lobbyists. Also, many of these professionals currently serve on city boards and commissions. If they are required to register, they will have to resign from those seats because city law prohibits registered lobbyists from serving on city boards and commissions. The group representing the developers feels such a move would result in the city being robbed of valuable expertise.

This opposition has resulted in Pool making some changes to the ordinance, but the group representing developers is still not satisfied.

So far, registered lobbyists have not opposed the new changes even though the proposal would increase their reporting requirements. If passed, the ordinance would require lobbyists to provide greater detail about who they are representing, how much money is being spent on a lobbying efforts, and how much they receive in payments from clients.

The ordinance will now be presented to the Audit and Finance Committee. From there is will proceed through City Council, with a possible final vote coming early next year.

Photo of the Austin, Texas skyline by Erik A. Ellison on Wikimedia Commons.

Gov. Mark Dayton has requested state lawmakers to return to work in a special legislative session.

Dayton penned a letter to members of the Minnesota Legislature asking them to address the need to help out-of-work miners in the state.

In Minnesota, special sessions can be called by the governor.

Following the death of Rep. Lesley Vance, a special election will be held to fill a vacant seat for Alabama House District 80.

A special primary election will be held on January 19, with a special general election to be held on April 12, 2016.

New legislation was introduced impacting the city’s campaign finance regulations.  One bill would eliminate the possibility of matching, with public funds, any contribution to a candidate for local office that is bundled by a lobbyist or person who has, or may have, business dealings with the City.

A second bill would extend the prohibition on the acceptance of contributions from non-registered political committees to candidates who are not participating in the public money matching program.  Currently, the prohibition only applies to candidates who are participating in the public matching program.

Photo of the New York City skyline by AngMoKio on Wikimedia Commons.

Lobbying

“Ethics Commission Recommends Controversial Lobbying Ordinance” by Jack Craver for Austin Monitor

Campaign Finance

“FEC: Notable conservatives tied to nonprofit scofflaw” by Cady Zuvich for Center for Public Integrity

Alaska: “Campaign Finance Commission Says Group Tied to Gov. Walker Aide Broke Law” by Nathaniel Herz for Alaska Dispatch

District of Columbia: “D.C. Mayor’s Allies Reluctantly Shut down Controversial PAC” by Aaron Davis for Washington Post

Utah: “Pricey Mayoral Race Prompts Salt Lake City Council to Consider Campaign Finance Reform” by Katie McKellar for Deseret News

Ethics

Georgia: “Ethics Group Gives Georgia a D- for Ethics, Openness” by Walter Jones (Morris News Service) for Southern Political Report

Maryland: “Annapolis Commission Member Removed after Failure to Sign Ethics Compliance Form” by Chase Cook for Capital Gazette

North Carolina: “North Carolina Gets Mixed Marks on Integrity Report” by Mark Binker for WRAL

Elections

“Obama Legacy in State Offices: A shrinking Democratic share” by Sheryl Gay Stolberg, Michael Shear, and Alan Blinder for New York Times

“Time for GOP Panic? Establishment Worried Carson or Trump Might Win” by Philip Rucker and Robert Costa for Washington Post

Procurement

“D.C. Lawmakers Look at How to Fix the City’s Troubled Contracting Process” by Abigail Hauslohner for Washington Post

National:

Only Three States Score Higher Than D+ in State Integrity Investigation; 11 Flunk
Center for Public Integrity – Nicholas Kusnetz | Published: 11/9/2015

A new report found that in state after state, open records statutes are filled with exemptions, and part-time legislators and agency officials engage in conflicts-of-interest and close relationships with lobbyists while regulators struggle to enforce laws. The State Integrity Investigation measured hundreds of variables to compile transparency and accountability grades for all 50 states. The best grade in the nation, which went to Alaska, is just a “C.” Only two others earned better than a “D+”; 11 states received failing grades. Aside from a few exceptions, there has been little progress on these issues since the research was first carried out in 2012.

Federal:

Donald Trump Advertises Rising Value of Free Political Publicity
New York Times – Ashley Parker | Published: 11/9/2015

Thirty-second television commercials were once signs of a confident, well-financed candidacy for the White House. Now they are seen as a last resort of struggling campaigns that have not mastered the art of attracting the free media coverage that has lifted the political fortunes of insurgent campaigns. Donald Trump’s ability to command media attention and reach voters without depleting his campaign funds is just the latest example of the way his campaign has upended the conventional approach candidates have used to communicate with voters. In addition to having done countless interviews, Trump, who recently hosted “Saturday Night Live,” has been effective in using social media to attack his rivals, and many of his controversial quips on Twitter are rebroadcast by traditional news media outlets.

Even as House Speaker, Paul Ryan Sleeps in His Office
New York Times – Jennifer Steinhauer | Published: 11/10/2015

Like scores of other members of Congress, most of them Republican, Speaker Paul Ryan chooses to bed down in a cot in his office every night the House is in session. He chooses this over the speaker’s official palatial suite in the Capitol, which Ryan has pointed out stinks thanks to smoke from its prior inhabitant, John Boehner. For the lawmakers, the choice is fiscal, practical, and political. Many say they find Washington rental prices too high. Others say it allows them to work longer hours. Still others, like Ryan, say Washington is simply not their home. Some groups and other members have criticized the arrangement as essentially taxpayer-subsidized housing.

G.O.P. Fight Now a Battle over What Defines a Conservative
New York Times – Jonathan Martin | Published: 11/11/2015

For months, the Republican presidential race has been animated by the party’s anger about the state of the country and an equally undefined hope that a candidate would emerge who could usher in an era of renewal. But the most recent debate and its aftermath marked an abrupt transition from vague promises about making America “great again,” in Donald Trump’s phrase, to a new season of the campaign shaped more by the policy fissures that are dividing Republicans over what exactly to do about the nation’s problems. It exposed a contentious dispute over what it means to be a conservative and offered a preview of the contours of the battle for the Republican nomination.

From the States and Municipalities:

California – Conflict Concerns Won’t Keep Ethics Panel Out of Race
San Diego Union-Tribune – David Garrick | Published: 11/10/2015

The San Diego Ethics Commission will continue enforcing local campaign laws in the race to succeed City Attorney Jan Goldsmith, denying a candidate request that the commission recuse itself based on a potential conflict-of-interest. Rafael Castellanos asked for the recusal because one of his opponents in the race, Gil Cabrera, was a commission member from 2005 to 2010 and worked as special counsel for the commission in 2012 and 2013. The agency’s general counsel downplayed the potential conflict, noting only one of the commission’s seven members remains from when Cabrera served and only two members were there when he worked as a special counsel.

California – Follow the Money: Shining a light on political nonprofits
Capitol Weekly – John Howard | Published: 11/11/2015

California’s Political Reform Act has been largely untouchable for more than 40 years, but now it may get a rewrite. The catalyst for change comes from a tangled trail of some $15 million in so-called dark money that flowed via nonprofits into the state’s 2012 elections final stages. Ultimately, the spending resulted in a $1 million fine. The proposed changes would create, for the first time, a constitutional right to regulate political money and force disclosure. It would require the disclosure of the source of donations of $10,000 or more to nonprofits, when the money is used for political purposes, make explicit who is paying for political ads, and it double the “revolving door” waiting period to two years. The proposal outlaws lobbyists’ gifts to elected officials, and cuts the maximum value of a gift from a member of the public, now $460 annually, to $200 a year.

California – Lobbyist Meetings Missing from San Jose Council Calendars
San Jose Mercury News – Ramona Giwargis | Published: 11/8/2015

Elected officials in San Jose are falling short when it comes to disclosing meetings with lobbyists. A review found the mayor and every city council member had contacts with lobbyists this year that were not disclosed on the officials’ public calendar. Local law requires lobbyists to file quarterly reports on their contacts with elected officials. The San Jose Mercury News said lobbyists reported 105 more such contacts this year than city officials did. Council members defended themselves by saying the undisclosed contacts were human error, they did not realize they were chatting with a lobbyist, or the contacts were unexpected run-ins or email communications the policy does not require them to report. Watchdogs say the discrepancy undermines the goals of transparency and deceives the public.

Florida – Hialeah Mayor Tries to Pay County’s $4K Ethics Fine in Pennies
Miami Herald – Brenda Medina | Published: 11/6/2015

Hialeah Mayor Carlos Hernandez finally decided pay the $4,000 fine the Miami-Dade County ethics commission imposed earlier this year on his business dealings. Hernandez sent the commission a truck stacked with 28 buckets filled with pennies to cover the fine. But his payment was not accepted. Apparently, the commission accepts only checks. “I paid it with American money, of the United States, and I have the right to do that,” said Hernandez.

New Hampshire – G.O.P. Candidates, Lagging, Rely on New Hampshire to Get Close
New York Times – Jonathan Martin | Published: 11/8/2015

Some Republican candidates are staking their presidential bids on an idea that seems increasingly quaint: that campaigning one on one in this small state can set you on the path to becoming president. It is a notion that is facing a rigorous test this election cycle, as the large Republican field, social media, and televised debates that attract massive audiences have reshaped the race like never before. The outcome in New Hampshire will echo beyond this election and reveal much about how the country chooses presidents, and whether the tradition of direct voting in the first-in-the-nation primary matters anymore. Its possible diminishment is already unsettling residents, who view their role of scrutinizing and winnowing the field of candidates as a solemn duty.

New York – Legislation Introduced to Tighten New York City Campaign Finance Rules
New York Daily News – Erin Durkin | Published: 11/9/2015

A package of bills to tighten New York City’s campaign finance rules was introduced in the city council. One bill would ban candidates from getting matching funds for donations raised by fundraisers who do business with the city. The legislation would also ban all candidates, including those who are not taking matching funds, from accepting contribution from political committees that are not registered with the city. Another bill would restrict contributions from businesses with numerous limited liability companies.

Pennsylvania – Pennsylvania Ethics Officials Crack Down on Lobbyists
Pittsburgh Tribune-Review – Kari Andren | Published: 11/11/2015

The Pennsylvania Ethics Commission is ramping up enforcement against groups that fail to file mandated quarterly expense reports, and the state House has approved a bill to up the ante for non-compliance by lobbyists and the groups they represent by dramatically increasing penalties for not abiding by disclosure rules. Thirty-one groups were cited for failing to file expense reports this year; fines and penalties total about $90,300. In 2014, the commission issued just 15 citations. The House bill would hike the maximum penalty imposed from $50 per day to a tiered system of $50 for the first 10 days, $100 for each of the next 10 days, and $200 for each late day after 20 days.

Texas – Ethics Commission Recommends Controversial Lobbying Ordinance
Austin Monitor – Jack Craver | Published: 11/12/2015

The Ethics Review Commission recommend to the Austin City Council a resolution aimed at overhauling city lobbying rules.  A revised draft crafted by a commission working group incorporated some of the concerns expressed by developers. Stuart Sampley, president of the Austin chapter of the American Institute of Architects, said the ordinance unfairly targeted development, design, and architectural professionals and misrepresented their day-to-day interactions with city officials as lobbying. The recommendations from the working group urged city staff to explore a number of potential negative effects of stricter lobbying requirements. Backers of the reform hope the measure will be on the agenda for council at its last meeting of the year on December 17.

Washington – Seattle’s Experiment with Campaign Funding
The Atlantic – Russell Berman | Published: 11/9/2015

Starting in 2017, Seattle residents will be able to contribute to local candidates without spending a dime of their own money. Instead, the government will send each registered voter four $25 vouchers that they can give to candidates of their choice. Candidates can opt out, but those who participate will have to abide by strict limits on spending and on receiving private donations. “The promise of vouchers is turning every single voter in the city into a donor,” said Alan Durning, the executive director of the Sightline Institute, a think tank and advocacy group that pushed for the new program. Critics have said the measure’s design will benefit incumbents and entrenched political organizations who do not need any extra boost.

Wisconsin – Senate GOP Votes to Overhaul Campaign Finance, Revamp Board
Albany Times Union – Todd Richmond (Associated Press) | Published: 11/7/2015

The Wisconsin Senate approved, with changes, a pair of bills altering the state’s campaign finance and election oversight rules. They will now return to the Assembly, which must approve the changes before sending the bills to Gov. Scott Walker. Republicans backing the proposals say they are necessary to bring the state’s statutes in line with court rulings and to protect First Amendment rights to free speech. Democrats argue the bills, along with one limiting the scope of crimes that can be investigated in so-called John Doe probes, would open the door for corruption and expand the influence of money in politics.

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.

Campaign Finance

Florida: “Dade Medical College’s Ernesto Perez Pleads Guilty in Criminal Cases” by Michael Vasquez and David Ovalle for Miami Herald

“Seattle’s Experiment with Campaign Funding” by Russell Berman for The Atlantic

Ethics

California: “California Gets C-Minus in Government Integrity Survey; 47 States Score D-Plus or Lower” by Thomas Peele for San Jose Mercury News

Michigan: “Integrity Report Ranks Michigan Worst in Nation for Government Transparency, Accountability” by Jonathan Oosting for MLive.com

Missouri “Unlimited Cash, Lavish Meals, Revolving Doors: How Missouri got a D-minus in national ethics report” by Kevin McDermott for St. Louis Post-Dispatch

Nevada: “Auditing, lobbying disclosure among trouble spots for Nevada” by Sean Whaley for Las Vegas Review-Journal

New York: “Report: New York has 30th best anti-corruption laws” by Bill Mahoney for Capital New York

Elections

“G.O.P. Candidates, Lagging, Rely on New Hampshire to Get Close” by Jonathan Martin for New York Times

“Scott Walker Is a Diminished Figure – Except in the State He Governs” by David Weigel for Washington Post

Legislative Issues

“Even as House Speaker, Paul Ryan Sleeps in His Office” by Jennifer Steinhauer for New York Times

Eleventh hour, of the Eleventh day, of the Eleventh month

State and Federal Communications, Inc. wants to take the time out to celebrate the service of U.S. military veterans.

On Nov. 11, 1918, the Allied nations and Germany came together to sign an armistice to end World War I. President Wilson was the first to declare November 11^th as “Armistice Day” to honor those who died in the WWI.

After the casualties of World War II, the day was extended to celebrate all veterans. In 1954, Congress approved the bill to officially change it to “Veteran’s Day.”

In the words of President Wilson, “To us in America, the reflections of Armistice Day will be filled with solemn pride in the heroism of those who died in the country’s service and with gratitude for the victory, both because of the thing from which it has freed us and because of the opportunity it has given America to show her sympathy with peace and justice in the councils of the nations…”

To observe the holiday, State and Federal Communications will be closed Wednesday, Nov. 11^th and will resume Thursday, Nov. 12.

On December 1, 2015, new revisions to Canada’s Lobbyists’ Code of Conduct will take effect.  The updates to the Code of Conduct, which has not been updated since 1997, are designed to clarify the rules and restrictions on lobbying in the country.

New rules will prohibit a lobbyist from lobbying a public official if the lobbyist has campaigned for or has business interests with the public official.  New regulations addressing gifts will hold a lobbyist responsible for giving a gift the public official is not allowed to accept.

Lobbying

California: “Lobbyist Meetings Missing from San Jose Council Calendars” by Ramona Giwargis for San Jose Mercury News

Campaign Finance

Indiana: “Legislative War Chests: Purse or puppet strings?” by Marc Chase for Northwest Indiana Times

New York: “Backed by Nail Salon Owners, a New York Legislator Now Fights Reforms” by Sarah Maslin Nir for New York Times

Ethics

“Only Three States Score Higher Than D+ in State Integrity Investigation; 11 Flunk” by Nicholas Kusnetz for Center for Public Integrity

Arizona: “Survey: Arizona gets a ‘D’ for public access” by Joe Ferguson for Arizona Daily Star

New Jersey: “Advocacy Group’s Ranking of N.J. on Access, Integrity Falls Sharply” by Dustin Racioppi for Bergen Record

Ohio: “Ohio Graded D+ in Report on Integrity” by Jim Siegel for Columbus Dispatch

Wisconsin: “Senate GOP Votes to Overhaul Campaign Finance, Revamp Board” by Todd Richmond (Associated Press) for Albany Times Union

Wyoming: “Wyoming Second to Last in Transparency” by Laura Hancock for Billings Gazette

Elections

“Donald Trump Advertises Rising Value of Free Political Publicity” by Ashley Parker for New York Times

A special election will be held to fill a vacant seat for Iowa House District 21.

The special election is slated for December 8, 2015, following the death of Representative Jack Drake earlier in the year.

Governor Dayton ordered a special election to be held for Senate District 35 on February 9, 2016.  The election is being held to fill State Senator Branden Petersen’s seat after he announced his resignation in September.

If necessary, a special primary election will be held on January 12, 2016.