Lobbying

California: “California Doctors’ Lobby Group Pushes Agenda with Swagger” by Christopher Cadelago for Sacramento Bee

Campaign Finance

Washington: “Seattle Council Candidate Alleges Political Shakedown by Developer” by Daniel Beekman for Seattle Times

Ethics

“While at State, Clinton Chief of Staff Held Job Negotiating with Abu Dhabi” by Rosalind Helderman for Washington Post

“Trial Begins for Veterans of 2012 Ron Paul Campaign” by David Weigel for Washington Post

New York: “A Guide to What the JCOPE Review Commission Will Be Looking At” by Bill Mahoney for Capital New York

Pennsylvania: “Pennsylvania Legislature Spent $2.8M on Criminal Lawyers over 4 Years” by Mark Scolforo (Associated Press) for Allentown Morning Call

Wisconsin: “Lawmakers clash on GOP elections, campaign finance bills as they speed toward passage” by Mark Sommerhauser for Wisconsin State Journal

Elections

“The GOP Sinks Deeper into Chaos. Can It Still Function as a Party?” by Karen Tumulty for Washington Post

“In Choreographed Campaigns, Candidates Stumble Over Choice of Music” by Ben Sisario for New York Times

Wyoming: “Wyoming’s Chief Election Officer Steps Down, Citing ‘Philosophical Differences’ with Newly Elected Secretary of State” by Trevor Brown for Wyoming Tribune

The Joint Commission on Public Ethics (JCOPE) created a six-month amnesty program to help lobbyists and clients of lobbyists comply with the New York Lobbying Act. This program will assist those who have never turned in required filings.

To be eligible to participate, the lobbyist or client cannot have previously been contacted by JCOPE for failure to comply, or been subject to criminal proceedings concerning a violation of the Lobbying Act.

The program will run from January 1 to June 30, 2016.

On Thursday, October 8^th, The Washington Area State Relations Group (WASRG), in conjunction with Women in Government, hosted a luncheon featuring Minnesota Senate President Sandy Pappas as the keynote speaker.  The luncheon was held at Carmine’s Restaurant, and is the second event as part of WASRG’s Fall State Legislator Luncheon Series .

Speaking to an audience of approximately 40 state and federal government affairs professionals, President Pappas discussed key issues involving women in the workforce, such as pay equity, family and medical leave, and the importance of having women seek careers in public office.  WASRG’s Fall State Legislator Luncheon Series will continue through December.

You’ll find more information on this and other WASRG events here.

Photo of Minnesota Senate President Sandy Pappas courtesy of Bobamnertiopsis on Wikimedia Commons.

Elizabeth Bartz, president and CEO of State and Federal Communications, Inc., was invited to close out the last session for students in a five-week public affairs class at Kent State University. Bartz led a discussion of why it is so important to understand state and federal laws when assisting clients and how it may affect decision-making. She encouraged the students to stay true to themselves and remember to remain ethical during those tough decisions.

The class is for students in The School of Journalism and Mass Communications (JMC) who have an interest in government relations. JMC Director Thor Wasbotten also had a chance to stop by.

Lobbying

Alabama: “Jarrod Massey: Looking for a second chance after prison in bingo case” by Charles Dean for AL.com

Florida: “City Council President Proposes Cellphone Ban during Meetings; Citizens Group Plans to File Lawsuit” by Christopher Hong for Florida Times Union

Campaign Finance

“The Families Funding the 2016 Presidential Election” by Nicholas Confessore, Sarah Cohen, and Karen Yourish for New York Times

“Nonprofit Masks Source of Ads Backing Rubio” by Jonathan Martin and Nicholas Confessore for New York Times

Wisconsin: “GOP Proposal Rewrites State’s Campaign Finance Laws” by Matthew DeFour for Wisconsin State Journal

Ethics

Connecticut: “In Hartford, Case of Treasurer Adam Cloud Prompts Calls to Strengthen Ethics Code” by Jeff Cohen for WNPR

South Dakota: “Democrats Plan New Push for Ethics Commission over GEAR UP” by James Nord (Associated Press) for Sioux Falls Argus Leader

Elections

“How Can an Introvert Like Jeb Bush Get Elected President?” by Amber Phillips for Washington Post

Procurement

“Through Executive Orders, Obama Tests Power as Purchaser-in-Chief” by Gregory Korte for USA Today

Redistricting

Florida: “Judge Rejects House, Senate Redistricting Map, Recommends Challengers’ Plan” by Mary Ellen Klas for Miami Herald

Today Peggy Nighswonger, the Elections Director with the Wyoming Secretary of State’s Office, resigned from her position. Nighswonger, who oversaw elections, campaign finance disclosure and election laws, and ethics for the state, “stepped down amid ‘differences in philosophy’ with Secretary of State Ed Murray, who was elected last year,” according to a report in the Wyoming Tribune Eagle.

Columbus mayoral candidate Andrew Ginther recently proposed a plan for new ethics rules for lobbyists and elected officials. His plan would amend the definition of lobbyist and expand lobbyist reporting requirements. Elected officials would be required to report all gifts received as well as participate in annual ethics training. The plan would also require additional disclosure in city campaign finance filings beyond the requirements already set by state law.

Ginther, president of Columbus City Council, faces Franklin County Sheriff Zach Scott in the November election; Scott also has a plan for tightening restrictions on lobbyists and proposing gift rules.

Lobbying

Florida: “Hillsborough to Post Paid Lobbyists’ Visits Online” by Mike Salinero for Tampa Tribune

Pennsylvania: “House Passes Legislation to Increase Lobbying Fines” by Staff for Pennsylvania Business Daily

Campaign Finance

“Experts: John Kasich political ads chart new territory” by Fredreka Schouten for USA Today

New York: “Advance Group Fined $26k by Schneiderman, Campaign Finance Board” by Chris Bragg for Albany Times Union

Pennsylvania: “Allentown Council Passes Anti-Pay-to-Play Bill in Wake of FBI Probe” by Emily Opilo for Allentown Morning Call

Ethics

“Corporations Improve Reporting of Political Activity – with Exceptions” by Dave Levinthal and Cady Zuvich for Center for Public Integrity

Illinois: “Former Chicago Public Schools Chief to Plead Guilty to Bribery Scheme” by Jason Meisner and Juan Perez, Jr. for Chicago Tribune

New York: “Three Cuomo-Tied Hires Spark JCOPE Board Unrest” by Chris Bragg for Albany Times Union

Ohio: “Ginther among Those Being Investigated Over Trip to Big Ten Title Game” by Lucas Sullivan for Columbus Dispatch

Legislative Issues

“House Majority Leader Kevin McCarthy Drops Out of Race for House Speaker” by Mike DeBonis for Washington Post

“Group Tries to Teach Lawmakers How to Talk about Pot” by Evan Halper for Los Angeles Times

California: “California’s High Court Appears Ready to Allow Voters to Weigh in on Citizens United” by Maura Dolan for Los Angeles Times

On November 19, the California Fair Political Practices Commission (FPPC) will consider a proposed regulation concerning the procedures for notification of enforcement complaints. The proposals to be heard at the public hearing will include a revised policy for media and public record inquiries. The FPPC is accepting written comments submitted to the Commission offices no later than 5:00 p.m. on November 17, 2015. The notice for the proposed regulatory changes can be accessed here.

National:

Corporations Improve Reporting of Political Activity – with Exceptions
Center for Public Integrity – Dave Levinthal and Cady Zuvich | Published: 10/8/2015

A new study asserts that most of the nation’s largest corporations are showing “sustained, concrete progress” toward volunteering more information about how they interact with governments, politicians, and campaigns. The study awarded points in 24 categories to companies that, for example, voluntarily disclose contributions to certain nonprofit groups, publish policies that govern political expenditures from its corporate treasury, and reveal money spent to influence state-level ballot initiatives. Such disclosures generally exceed what is required of corporations, such as regularly filing disclosure reports about congressional lobbying activity.

Federal:

Donald Trump’s Candidacy Raises Novel Ethics Questions
USA Today – Fredreka Schouten | Published: 10/6/2015

Experts say federal law would not explicitly prohibit Donald Trump from continuing to run his sprawling gambling, real-estate, and brand-marketing empire if he is elected president. And the conflict-of-interest rules that bar Cabinet secretaries and other high-ranking executive branch officials from overseeing matters that boost their personal bottom lines do not apply to the president. As president, Trump would appoint members to the Federal Reserve Board, which sets interest rates that could affect mortgages on his real estate. His pick for the Interior Department would make decisions affecting Indian tribes with gambling interests that compete with Trump’s casinos. “[Trump] stands out because he’s not just a businessman – he’s the Flo Ziegfeld or the P.T. Barnum of politics. He’s genuinely unique”” said Barbara Perry, director of presidential studies at the University of Virginia’s Miller Center.

Experts: John Kasich political ads chart new territory
USA Today – Fredreka Schouten | Published: 10/7/2015

A television ad promoting Ohio Gov. John Kasich’s presidential campaign opens with images of Islamic State fighters and Russia’s Vladimir Putin, and touts Kasich as the one candidate with the experience to deal with a dangerous world. The video does not come from the Republican’s campaign, however. Instead, it is produced and funded by an outside group that can raise unlimited amounts to back Kasich’s candidacy. And in a test of rules that bar candidates from coordinating with independent groups, Kasich shot footage for this and other ads in concert with the outside group. Kasich’s camp and his allies argue that is permissible because he was not officially a candidate when he taped material for the commercials.

Gallup Gives Up the Horse Race
Politico – Steven Shepard | Published: 10/6/2015

After a bruising 2012 cycle, in which its polls were farther off than most of its competitors, Gallup said it is not planning any polls for the presidential primaries this cycle. And, even following an internal probe into what went wrong last time around, Gallup would not commit to tracking the general election next year. The move comes at a time of unusual tumult in the polling world. Some have expressed concern about the accuracy of polling at a time when fewer people are reachable or willing to talk to pollsters.

House Majority Leader Kevin McCarthy Drops Out of Race for House Speaker
Washington Post – Mike DeBonis | Published: 10/8/2015

U.S. House Majority Leader Kevin McCarthy abruptly took himself out of the race to succeed John Boehner as speaker, apparently undone by the same forces that drove Boehner to resign. McCarthy’s candidacy was damaged when he suggested in an interview that the House committee investigating Benghazi had the political aim of damaging Hillary Clinton’s presidential campaign. He acknowledged his remarks about Benghazi had factored into his decision. McCarthy’s hopes of uniting Republicans took a blow when a close-knit group of roughly 40 hardline conservatives, the House Freedom Caucus, said it would back U.S. Rep. Daniel Webster.

Pithy, Mean and Powerful: How Donald Trump mastered Twitter for 2016
New York Times – Michael Barbaro | Published: 10/5/2015

Donald Trump has mastered Twitter in a way no candidate for president ever has, redefining its power as a tool of political promotion, distraction, and attack – and turning a 140-character task that other candidates farm out to staff members into a centerpiece of his campaign. In the process, he has managed to fulfill a vision sketched out a decade ago by a handful of digital campaign strategists: a White House candidacy that forgoes costly, conventional methods of communication and relies instead on the free and visceral platforms of social media. As Trump enters an uncertain period, even rival campaigns acknowledge Twitter is providing a bulwark against a slide in his poll numbers by allowing millions of supporters to make his case for him and deflect the controversies he touches off.

From the States and Municipalities:

California – More Transparency Coming for Referendums
San Diego Union-Tribune – David Garrick | Published: 10/6/2015

The San Diego City Council approved stricter reporting rules for groups supporting or opposing referendum campaigns. The changes make disclosures regarding referendums and initiatives the same as the city now requires of candidates seeking elective office. The rules will require committees formed to support or oppose an initiative or referendum to file disclosures within 10 days of receiving $100 contributions and within 24 hours of receiving $1,000 contributions. In addition, committees that make independent expenditures to support or oppose an initiative or referendum must file disclosures of all expenditures and funding sources within 24 hours during the signature gathering phase.

Kansas – Lobbyists Spend $500,000 on Food, Drink for Kansas Lawmakers
Wichita Eagle – Bryan Lowry | Published: 10/2/2015

Lobbyists in 2015 spent more than $500,000 entertaining Kansas lawmakers during the longest legislative session in the state’s history. State law prohibits lobbyists from making campaign donations during the session and limits them to spending $100 on gifts for a lawmaker. But unlike some other states, Kansas has no cap on the amount of food and drink a lobbyist can buy a legislator. Data from the state ethics commission give a partial picture of which organizations were most active in lobbying and which lawmakers they focused on during the session. But more than half the spending is not itemized, meaning it is not linked to a specific lawmaker.

Kentucky – Kentucky Lawmakers, Lobbyists May Already Be Violating New State Ethics Laws
Insider Louisville – Jonathan Meador | Published: 10/6/2015

An advisory from the Kentucky Legislative Ethics Commission expressed concern that lawmakers may be directly soliciting campaign contributions from lobbyists, potentially violating new laws specifically prohibiting them from doing so. Commission Executive Director John Schaaf says legislators might be sending fundraising appeals to lobbyists – including dollar amounts required for attendance at fundraisers, and to whom the payment should be made – which may then be passed on to the lobbyists’ employers. This, Schaaf said, likely would constitute a direct solicitation of a contribution.

New Mexico – New Corruption Fine Could Be Applied to Duran Case
Albuquerque Journal – Deborah Baker | Published: 10/5/2015

New Mexico Secretary of State Dianna Duran is facing 65 criminal charges including fraud, embezzlement, and money laundering for allegedly misusing campaign contributions to cover personal spending, including at casinos. Twenty-six of the charges are felonies. Under a 2012 law, if Duran were convicted of a felony, a judge could increase her sentence by imposing a fine “not to exceed the value of the salary and fringe benefits paid to the offender” since the commission of the first felony for which she was convicted. It would be the first time the law has been used against a statewide official, and it is not clear how it would work. It does not use the word “pension,” and it does not technically provide for pension forfeiture. But losing pensions is precisely what legislators had in mind when they passed it.

North Carolina – Advisory Letter Could Permit Bigger Role for Outside Groups in NC Elections
WRAL – Mark Binker | Published: 10/3/2015

An advisory letter from State Board of Elections Director Kim Strach says her agency has no ability to regulate organizations that mail, publish, or broadcast issue ads, which often look like, and for all practical purposes are, campaign ads. Groups that avoid “express advocacy” and do not trip certain thresholds on the election calendar may remain unregulated and are free to exchange certain types of information with candidates. Strach’s letter lays out how policy organizations or groups formed to bolster a particular candidate for governor, such as the Renew North Carolina Foundation that has aired ads featuring Gov. Pat McCrory, may communicate with their favored candidates.

North Carolina – Legislature’s Last-Minute Rush Prompts Criticism
Raleigh News & Observer – Colin Campbell | Published: 10/3/2015

Lack of transparency and time for public input was a common theme in the General Assembly’s final days in Raleigh, with lawmakers using a variety of maneuvers to move proposals that had not previously been made public. Longtime observers of the legislature say unexamined proposals tend to surface in the final days of every session, regardless of which party is in charge. Also drawing criticism was the decision to extend the final session to four a.m., rather than adjourning and finishing the year’s business in daylight hours later. As dawn approached, some lawmakers fell asleep in their seats. Others played music or passed a football to stay awake. And 37 House members and seven Senate members were already gone before the final vote.

Ohio – Redlight Camera Lobbyist Agrees to Plead to Extortion, Releases Statement
Columbus Dispatch – Lucas Sullivan | Published: 10/2/2015

Lobbyist John Raphael agreed to plead guilty extortion for pressuring a traffic-camera company to make more than $70,000 in campaign contributions to officials in Columbus and Cincinnati. He told federal officials he warned Redflex Traffic Systems that it would lose out on contracts with the cities if it did not make the donations. Raphael then made the contributions to the unnamed officials through himself, family members, friends, and business associates. Former Redflex Chief Executive Officer Karen Finley has pleaded guilty to funneling campaign contributions to officials in the two cities between 2005 and 2013. Finley’s plea agreement said contributions intended for Columbus officials were given to the Franklin County Democratic Party and Ohio Democratic Party.

Pennsylvania – House Passes Legislation to Increase Lobbying Fines
Pennsylvania Business Daily; Staff –   | Published: 10/7/2015

The Pennsylvania House passed legislation to increase fines for lobbying violations. House Bill 1348 would increase the maximum penalty from $2,000 to $4,000. It also increases the maximum penalty under current law for negligent failure to report, in varying increments over time. The bill also would require all disclosure filings to be posted on the Department of State’s website within seven days of receipt. It now goes to the state Senate.

Wisconsin – GOP Bills Would Hike Contribution Limits, Split GAB into Two Agencies
Milwaukee Journal Sentinel – Patrick Marley | Published: 10/7/2015

Republican lawmakers formally unveiled a plan to disband the Wisconsin Government Accountability Board (GAB), calling it a well-intentioned experiment that failed. The bill would split the GAB into two separate commissions, one regulating ethics laws and the other covering elections. It would be similar to the system the GAB replaced in 2007. Members would be partisan appointees, evenly split between Republicans and Democrats. GOP lawmakers also introduced a campaign finance bill that would double how much donors can give to candidates. It would also rewrite laws that are out of step with a host of state and federal court rulings that have loosened campaign finance restrictions.

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.

Wisconsin legislators introduced bills Wednesday to double political contribution limits, amend campaign finance rules, and divide the state’s Government Accountability Board. Critics argue the agency split is a bad idea, as it turns over control from nonpartisan judges to partisan appointees.

The specific bill would create two new agencies, the Elections Commission and the Ethics Commission, to oversee laws on ethics, campaign finance, and lobbying. Legislators intend to amend the bill to ensure the six-member commissions are split evenly between Democrats and Republicans.

Both commissions would go into effect June 30, 2016.

Lobbyists and legislators may be violating new ethics laws according to the Kentucky Legislative Ethics Commission. An advisory opinion recently published by the commission addresses the practice of lawmakers giving fundraising appeals to lobbyists who likely pass them on to their employers. These appeals typically include dollar amounts for attending the fundraiser.

Legislation passed last year prohibits lobbyists from directly soliciting contributions for legislators or legislative candidates. This practice, the opinion concludes, likely constitutes a direct solicitation of a contribution.

The commission is not conducting any investigations on this matter as there has not yet been a formal complaint.

Lobby Comply is pleased to announce the celebration of our 4,000^th blog post! We will continue to be the expert source, providing the latest news and analysis on campaign finance, lobbying, procurement, and ethics laws.

Thank you to all of our loyal readers!

County commissioners unanimously approved a motion by Chairwoman Sandy Murman to increase transparency for those who are paid to lobby the Commission. An Office of Professional Lobbyist Registration will be created within the county attorney’s office and the county attorney will draft amendments to the existing ordinance.

Currently, lobbyists must register prior to each meeting with an official, but many do not adhere to this requirement. The new ordinance will require notice of visits by lobbyists to be posted online and the registration office will be responsible for enforcement.

Chairwoman Murman stated she wants the ordinance to focus on paid lobbyists, excluding volunteers from the requirements.