State Sen. John Schickel filed a federal lawsuit against the Kentucky Registry of Election Finance and the Legislative Ethics Board aimed at eliminating the state’s campaign contribution limits. The suit claims the $1,000 limit to individual candidates and the ban on corporate contributions are violations of free speech.

The suit also asks the court to strike down ethics rules prohibiting lobbyists from making contributions, prohibiting employers of lobbyists from making contributions while the Legislature is in session, and banning gifts from lobbyists to legislators.

Kentucky House candidate David Watson and Pendleton County judge candidate Ken Moellman Jr. have joined the suit. The state agencies have until October 6 to respond.

On September 28, state Assembly Speaker Carl Heastie announced Jane Feldman will be the executive director of the newly created Office of Ethics and Compliance.

A bipartisan Assembly committee recommended Feldman after conducting a nationwide search. Heastie said Feldman stood out from other applicants due to her years of experience, specifically her service as the first executive director of the Colorado Independent Ethics Commission.

In her new role in the Office of Ethics and Compliance, Feldman will be responsible for ethics training for Assembly members and staff, ensuring members are aware of the services available to them through the office, answering questions regarding ethics and disclosures, and working with the majority and minority conferences’ ethics counsel to determine legislative ethics areas to review.

Feldman, who began her career in the New York County District Attorney’s Office, said in a statement she was “excited to return to her home state to help the Assembly accomplish its ethics and policy goals.”

Photo of the New York State Capitol by UpstateNYer on Wikimedia Commons.

Campaign Finance

Mississippi: “Mississippi Campaign Finance Laws Allow Golden Parachute for Politicians” by Steve Wilson for Mississippi Watchdog

New Mexico: “AG: Office’s legal counsel off-limits to secretary of state” by Steve Terrell for Santa Fe New Mexican

Ethics

Alabama: “GOP Lawmaker Challenges Hubbard for Alabama House Speaker” by Kyle Whitmire for AL.com

Georgia: “Investigators’ Report Finds ‘Appalling Corruption’ in DeKalb, Calls on CEO to Resign” by David Allison for Atlanta Business Chronicle

Michigan: “Rep. Tinsley-Talabi Linked to Detroit Corruption Case” by Robert Snell for Detroit News

Elections

“How Bernie Sanders Would Transform the Nation” by David Fahrenthold for Washington Post

North Carolina: “NC Primaries Officially on March 15 with Signing” by Gary Robertson (Associated Press) for Raleigh News & Observer

National:

Outside Groups Playing Bigger Role in 2015 State Elections
Center for Public Integrity – Liz Essley Whyte and Ashley Balcerzak | Published: 10/1/2015

Independent groups are playing a much larger role in state elections than a year ago, shows a Center for Public Integrity analysis of television advertising data. Though this year’s races are often drowned out by the hyperbole surrounding the 2016 presidential candidates, the growing role of independent political groups in state races tells a broader tale of their influence up and down the ballot, from governors’ races to state senate elections. With outside organizations playing a larger role in state elections, voters may not know who is behind the most vitriolic ads they see. Some of the groups do not have to disclose their donors, and some use alternate names that obscure their identities.

When Lobbyists Collide
Politico – James Panichi | Published: 9/25/2015

There is the perception that European lobbyists are as subtle and sophisticated as their American counterparts are brash and willing to step on toes to achieve their goals. But some experts say any real differences in the approaches are overstated and often easily overcome. What has long been billed as a clash of civilizations may simply be the result of smart professional adapting to different institutional ecosystems.

Federal:

Big Donors Seek Larger Roles in Presidential Campaigns
New York Times – Ashley Parker | Published: 9/29/2015

In an election cycle that is already on track to break spending records, and with few limits on contributions to super PACs and other outside groups, wealthy donors have never been more important. No longer satisfied with sitting on the sidelines and writing big checks, many of them are eager to play larger roles in the campaigns. They expect their views to be heard quickly and their concerns taken seriously, sometimes creating headaches and potential awkwardness for the campaigns and super PACs, which must tend to the contributors and their seemingly endless suggestions and questions.

FEC Employees: A bedraggled lot
Center for Public Integrity – Dave Levinthal | Published: 9/28/2015

A survey showed FEC employees, a generally unhappy lot for years, are even more unsatisfied with their jobs than before. The Federal Employee Viewpoint Survey’s satisfaction index places the agency near the bottom of 41 small agencies ranked. Three rank-and-file FEC employees interviewed told a similar story about agency morale: that it is bad and getting worse. The staffers’ primary complaint is that FEC employees often do not feel as if their work is valued by agency leaders, if it is acknowledged at all. Just 32 percent of employees responding to the survey said they were satisfied with the agency as an organization. Even fewer, 30 percent, said they would recommend people work there. The FEC fared marginally better in terms of employee pay satisfaction and personal job satisfaction.

House Speaker John Boehner to Resign at End of October
Washington Post – Mike DeBonis and Paul Kane | Published: 9/25/2015

House Speaker John Boehner will resign from Congress at the end of October. He has struggled from almost the moment he took the speaker’s gavel in 2011 to manage the challenges of divided government and to hold together his fractious and increasingly conservative Republican members. Most recently, Boehner was trying to craft a solution to keep the government open through the rest of the year, but was under pressure from a growing base of conservatives who told him that they would not vote for a bill that did not defund Planned Parenthood. Several of those members were on a path to remove Boehner as speaker, though their ability to do so was far from certain.

From the States and Municipalities:

California – Gun Discounts for LAPD Unit May Have Violated Ethics Rules
Los Angeles Times – Kate Mather | Published: 9/25/2015

Los Angeles police officers in a unit that evaluated Smith & Wesson handguns for a new department contract used their relationship with the company to privately purchase discounted pistols for members of the unit, a possible violation of city ethics rules. Although the unit’s officers were allowed to purchase various pistol models and calibers, the report found that the average discount for Smith & Wesson M&P 9-millimeter handguns was about $125 to $130 off the already reduced price of $455 usually offered to law enforcement officers. Ethics rules prohibit city employees from trying “to create or attempt to create a private advantage or disadvantage, financial or otherwise, for any person.” In addition, employees who are required to file statements of economic interest are not allowed to solicit gifts or accept gifts of more than $100 from a “restricted source.”

Indiana – Indiana Rep. Jud McMillin Resigns after Sex Video Emerges
USA Today – Tony Cook and Chelsea Schneider (Indianapolis Star) | Published: 9/30/2015

House Majority Leader Jud McMillin abruptly resigned after a sexually explicit video was sent via text message from his cellphone. It is unclear who sent the text or how broadly it was distributed. McMillin had texted multiple people stating that his cellphone had been stolen and apologizing for messages they may have received from his number. It is the second sex-related scandal to rock the Indiana House this year. Rep. Justin Moed apologized earlier this year after a website exposed his sexting activities with Sydney Leathers, the woman at the center of the Anthony Weiner scandal.

Iowa – Judge Upholds Iowa Rule on Corporate Spending in Campaigns
Quad City Times; Associated Press –   | Published: 9/29/2015

U.S. District Court Judge Robert Pratt upheld an Iowa law that requires the boards of corporations and labor unions to approve any money they spend to influence elections. Pratt ruled the requirement does not violate the right to free association or illegally restrain speech. He said it ensures the integrity of the political system by letting the public know the spending is backed by the group and not “just an individual with access” to its bank account.

Massachusetts – Massachusetts Public Official Financial Records Obscured by State Law
MassLive – Dan Glaun | Published: 9/25/2015

While Massachusetts lawmakers, state officials, and other policy-makers are required to report the details of their property and financial holdings each year, the public does not have ready access to those disclosures. The state’s ethics law includes a quirk that can deter access to what are records designed to inform the public: all requests must be accompanied by personal identification and are forwarded to the official whose finances are being inspected. In practice, this means sending the State Ethics Commission individual forms for each statement, along with a copy of the requester’s license. It also means no online access to the statements, and no access whatsoever for residents unwilling to alert their representatives to their curiosity into those officials’ personal finances.

Michigan – Are State Lawmakers Running on Your Dime? Courser, Gamrat Staffs Weren’t the Only Ones Blurring That Line
MLive – Emily Lawler | Published: 9/29/2015

State law, supervisors, and Michigan House rules ask staffers to walk a fine line between official and political business. But it is a line that sometimes blurs. It is not unusual for staff members to serve an official, state-paid role while doing campaign work like knocking doors after hours, or clocking out for a few minutes to do a political task during normal House business hours, according to interviews with former employees. There are also House staffers who run substantial side businesses, collecting a state salary but doing thousands or hundreds of thousands of dollars’ worth of political business.

New Jersey – Tangled Web Surrounds United’s Aborted Atlantic City Routes
New York Times; Associated Press –   | Published: 9/27/2015

Desperate to draw visitors to Atlantic City, New Jersey officials gave United Airlines more than $100,000 in incentives to fly to the seaside resort for at least a year. Then, when United abruptly canceled the money-losing routes eight months later, the officials appointed by Gov. Chris Christie decided not to enforce a contract provision that required the airline to repay the money. The Atlantic City flights and the debt forgiveness are just two elements of the tangled relationships between the Christie administration, the Port Authority of New York and New Jersey, and United Airlines – New Jersey’s eighth-largest employer. For instance, it was a public agency headed by Christie’s Transportation Commissioner Jamie Fox, a former United lobbyist, that forgave the airline’s debt.

New York – Power in Money: When is lobbying in N.Y. not lobbying?
Binghamton Press and Sun-Bulletin – Joseph Spector | Published: 9/27/2015

As lobbying spending in New York increased from $144 million in 2005 to $226 million in 2015, so too has the sophistication of the campaigns. No longer is the key to success solely hiring a lobbying firm to stroll the hallways trying to drum up votes. It requires a broad media strategy to win over lawmakers in their districts and in Albany. A review of records shows public-relations firms have collected more than $3 million since 2010 from political campaigns and then worked on efforts to promote key issues before the Legislature through coordinated lobbying efforts. PR firms that can offer a cache of services to public officials and private companies are the new frontier, and state laws have yet to keep up.

New York – U.S. Investigating Contract Awards in Buffalo Turnaround Project
New York Times – Susanne Craig, William Rashbaum, and Thomas Kaplan | Published: 9/27/2015

Federal investigators subpoenaed the State University of New York Polytechnic Institute and Empire State Development in a probe of Gov. Andrew Cuomo’s program to revitalize Buffalo’s economy. U.S. Attorney Preet Bharara’s office has been examining how the government-funded projects were awarded, and whether state elected officials played a role in choosing who would benefit from the major infusion of funds. SUNY Polytechnic Institute has played a central role in administering the governor’s effort and Empire State Development, the state’s economic development agency, is providing funding for the program.

North Carolina – NC Primaries Officially on March 15 with Signing

Raleigh News & Observer – Gary Robertson (Associated Press) | Published: 9/30/2015

North Carolina will hold its primary elections on March 15 next year under a bill signed into law by Gov. Pat McCrory. The new law allows state House and Senate caucuses to create “affiliated party committees” that can raise money to support legislative candidates without going through the state party operations. Supplemental legislation approved by lawmakers makes clear the caucus committees could only spend money to support House or Senate candidates, depending on the group. The measure also allows the creation of similar affiliated committees jointly held by members of the Council of State from the same party. Council members include the governor, lieutenant governor, and other statewide elected officials. None of the groups could raise money from lobbyists during the legislative sessions.

South Carolina – Capitol Gains: SC politicians use office to pad pockets
Center for Public Integrity – Tony Bartelme and Rachel Baye | Published: 9/25/2015

An investigation found South Carolina lawmakers and candidates used campaign accounts, reimbursements from state government, and gifts from special interests to pay for car repairs, football tickets, male-enhancement pills, and other questionable items. The inner workings of this cash network typically remain hidden unless prosecutors subpoena questionable receipts and other evidence locked away from public view, as happened in the case of former House Speaker Bobby Harrell. His conviction for misusing campaign money to pay for his private plane left many in the capital wondering whether other lawmakers would be charged. At least one active criminal investigation is underway, and a handful of legislators have been mentioned in a State Law Enforcement Division report.

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.

Lobbying

New Mexico: “Lobbyist Contributions Helped GOP Win House In 2014” by Sandra Fish (New Mexico in Depth) for KRWG

Texas: “Building Professionals Distraught Over Proposed City Lobbying Changes” by Jack Craver for Austin Monitor

Campaign Finance

New York: “Carly Fiorina’s ‘Super PAC’ Aids Her Campaign, in Plain Sight” by Nick Corasaniti for New York Times

Iowa: “Judge Upholds Iowa Rule on Corporate Spending in Campaigns” by Quad City Times; Associated Press

Ethics

New York: “Some Counts Dismissed in Indictment of Robert Menendez” by Alexander Burns for New York Times

California “California Lawmaker Turns ‘Juice’ into Campaign Cash” by Laurel Rosenhall (CALmatters) for San Francisco Chronicle

Connecticut: “Treasurer’s Soliciting Donations from Contractors Questioned” by Jon Lender for Hartford Courant

Indiana: “Indiana Rep. Jud McMillin Resigns after Sex Video Emerges” by Tony Cook and Chelsea Schneider (Indianapolis Star) for USA Today

Michigan: “Ex-Cop Gets Almost 5 Years in Prison in Pension Scandal” by Robert Snell for Detroit News

Minnesota: “State Grants for Bus Firms Raise Conflict-of-Interest Questions for MnDOT Commissioner” by Ricardo Lopez for Minneapolis Star Tribune

Campaign Finance

New York: “Big Donors Seek Larger Roles in Presidential Campaigns” by Ashley Parker for New York Times

“FEC Employees: A bedraggled lot” by Dave Levinthal for Center for Public Integrity

“Shop on Amazon.com, Help Elect Bernie Sanders?” by Michael Beckel for Center for Public Integrity

North Carolina: “Concerns Raised About Special Funds to Be Controlled by Top NC Lawmakers” by Taylor Knopf for Raleigh News & Observer

Pennsylvania: “Bill Would Place New Financial Limits on Pittsburgh Candidate Campaigns” by Bob Bauder for Pittsburgh Tribune-Review

Ethics

“Secret Service Officials Allowed to Participate in Probe of Leak by Agency” by Jerry Markon for Washington Post

Michigan: “Are State Lawmakers Running on Your Dime? Courser, Gamrat Staffs Weren’t the Only Ones Blurring That Line” by Emily Lawler for MLive

New York: “Tangled Web Surrounds United’s Aborted Atlantic City Routes” New York Times; Associated Press

New York: “Heastie Names Chief of New Assembly Ethics Compliance Office” by Casey Seiler for Albany Times Union

Elections

New York: “Donald Trump Is Not Going Anywhere” by Mark Leibovich for New York Times

Ethics:

Massachusetts: “Suffolk Sheriff Fined for ‘Coercive Use’ of His Position” by Michael Norton State House News Service for Fitchburg Sentinel & Enterprise

California: “County Supervisors Appear Ready to Support an Ethics Commission” by Nick Gerda for Voice of OC

Colorado: “Denver Gives Red Light to Inspectors Consulting for Marijuana Industry” by Jon Murray for Denver Post

Florida: “Meggs among Supporters of Anti-Corruption Bill” by Jeff Burlew for Tallahassee Democrat

Massachusetts: “Massachusetts Public Official Financial Records Obscured by State Law” by Dan Glaun for MassLive

Lobbying:

“‘Lobbying’ Firm Raises More Questions than Answers” by Megan Wilson for The Hill

 “When Lobbyists Collide” by James Panichi for Politico

Campaign Finance:

Washington: “Tim Eyman Investigation Referred to AG’s Office” by Joseph O’Sullivan for Seattle Times

Pennsylvania: “Allentown Council to Vote on Anti-Pay-to-Play Bill” by Emily Opilo for Allentown Morning Call

Elections:

North Carolina: “2016 N.C. Primary Set for March” by Bertrand Gutiérrez for Winston-Salem Journal

Legislative Issues:

“House Speaker John Boehner to Resign at End of October” by Mike DeBonis and Paul Kane for Washington Post

Ethics

New York: “Amid Federal Probe, Port Authority Adopts New Ethics Rules” Albany Times Union; Associated Press

California: “Gun Discounts for LAPD Unit May Have Violated Ethics Rules” by Kate Mather for Los Angeles Times

Connecticut: “Amid Questions, Commissioner Won’t Recuse Herself from Anthem-Cigna Proposal” by Arielle Levin Becker for Connecticut Mirror

D.C.: “Metro Board Chair Violated Conflict Rules, D.C. Inspector General Says” by Paul Duggan for Washington Post

New York: “U.S. Investigating Contract Awards in Buffalo Turnaround Project” by Susanne Craig, William Rashbaum, and Thomas Kaplan for New York Times

South Carolina: “Capitol Gains: SC politicians use office to pad pockets” by Tony Bartelme and Rachel Baye for Center for Public Integrity

Lobbying:

New York: “Power in Money: When is lobbying in N.Y. not lobbying?” by Joseph Spector for Binghamton Press and Sun-Bulletin

Campaign Finance

Maine: “Ethics Commission Staff Wants Organizations to Disclose Campaign Donors” by Kevin Miller for Portland Press Herald

New Jersey: “N.J. Senate Moves to Ban Campaign Cash from Businesses Getting Subsidies” by Samantha Marcus for Newark Star-Ledger

Washington: “State AG’s Office Sues SEIU 775 over Political Contributions” by Jim Brunner for Seattle Times

On September 24, the North Carolina Legislature passed a bill changing next year’s presidential and state primary election dates. House Bill 373, submitted to Gov. Pat McCrory today, moves the primary dates up from May 3 to March 15, 2016. The legislation also makes other changes to election law, including adjusting the filing dates for campaign finance reporting, allowing, if required, a second primary date to be held on May 24, 2016 for the presidential primary and May 3 for the state primary, and permitting the leader of each political party caucus of the House of Representatives and the Senate to establish a separate affiliated party committee to support the election of candidates of that leader’s political party.

Photo of the North Carolina Legislature by Yassie on Wikimedia Commons.

A proposed constitutional amendment has been submitted to appear on the November 2016 ballot.

This measure, titled The Voters’ Right to Know Act, would increase campaign finance disclosure requirements and eliminate gifts to public officials from certain entities.

The act is designed to remove the “dark money” loopholes of nonprofit contributors by requiring anyone contributing $10,000 or more to be identified if that money winds up supporting a political effort. It also calls for updating and improving the electronic reporting system, clearer disclosure of contributors on television ads, and stronger penalties for violators.

The act also would ban gifts to public officials from lobbyists and lobbyist employers. The monetary limit on gifts to public officials from individuals would be lowered to $200 from the current amount of $460.

Backers of this proposition hope it will lead to greater transparency and encourage greater engagement from all voters.

A special primary election has been scheduled for November 3, 2015, to fill the seats in state House Districts 80 and 82.

These seats were previously held by Rep. Cindy Gamrat and Rep. Todd Courser, respectively. Gamrat was expelled by the House on September 11, 2015, and Courser resigned the same day following allegations of misconduct and misuse of taxpayer resources in an attempt to hide their extramarital affair.

Now, despite opposition from the House, both are running in the special election to fill these seats. If either or both of them win, there is speculation the House could refuse to seat them; however, most representatives seem reluctant to commit to such action at this point.

The special general election will be held on March 8, 2016.

The Fair Political Practices Commission (FPPC) has come out in opposition to Assembly Bill 1544. This bill, currently awaiting Gov. Jerry Brown’s signature or veto, would change disclosure requirements for certain types of behested payments.

Currently, elected officials must disclose if an entity provides funding to a charity or government program based on the official’s request, including any funding coming from government agencies. Should the governor sign AB 1544, elected officials would no longer have to report payments provided by government agencies to nonprofit or for-profit groups when the purpose of the funding is primarily for a governmental or legislative purpose.

Assemblyman Ken Cooley, the bill’s sponsor, said disclosure should not be required when payments are sought from government agencies, as it is part of a legislator’s job to advocate for such grants and opportunities on behalf of his or her district.

The FPPC opposes the bill because eliminating these types of behested payments from disclosure requirements could result in the public not being informed of millions of dollars in behested payments to nonprofit and for-profit groups.

City Councilman David Ryu is working to keep his campaign promise of shaking up the status quo at city hall.

He has sent a letter to the city Ethics Commission requesting they look into the possibility of banning contributions to candidates by businesses, labor unions, and other groups.

He had planned to introduce legislation to accomplish this change; however, when no other council member would sign onto the legislation, Ryu turned to the Ethics Commission, asking them to explore ways to achieve such a ban.

While reform groups support such a ban, critics of the proposal fear it will lead to legal challenges and drive more money to independent expenditure groups.

The Sixth Circuit Court of Appeals denied Ohio Supreme Court candidate Colleen O’Toole’s motion for a preliminary injunction to enjoin enforcement of an Ohio Code of Judicial Conduct Rule 4.4(E). This rule imposes restrictions on when a judicial campaign committee may solicit and receive campaign contributions. Judicial candidate committees for 2016 may begin soliciting and receiving contributions no earlier than 120 days before the first Tuesday after the first Monday in March and may continue to accept contributions until 120 days after the general election.

O’Toole’s campaign committee claims the rule violates the First Amendment by restricting political speech and it violates the Fourteenth Amendment by treating judicial campaign committees differently than other political organizations. The committee failed to demonstrate a likelihood of success on the merits of any claim.

While the contribution restrictions may not be the least restrictive means of maintaining public confidence in judicial integrity, the court found the regulation need only be narrowly tailored, not perfectly tailored. Moreover, perfect tailoring would be impossible given the intangible nature of public confidence.

The court also found it permissible to treat judicial campaign committees differently than political action committees and other political organizations because of the unique nature of judicial elections. Interests in maintaining the integrity, impartiality, and independence of the judiciary are inherently different from those implicated by other political campaigns. More simply, judicial elections may be regulated differently than political elections because the role of judges differs from that of politicians.