Gov. Mary Fallin has called a special election to fill the seat of state Sen. Rick Brinkley.

A primary election for the District 34 seat will be held on November 10, 2015 and a general election on January 12, 2016.

Sen. Brinkley announced his resignation, effective at the end of the year, amid allegations of embezzling more than $1 million.

Lobbying

California: “Anaheim Councilwoman Criticized for Trip with Disneyland Lobbyist” by Adam Elmahrek for Voice of OC

Campaign Finance

“New Challenge Filed to Party ‘Soft-Money’ Limits” by Kenneth Doyle for Bloomberg BNA

Alabama: “Federal Court Upholds Alabama PAC-to-PAC Transfer Ban Law” by Shaun Zinck for Legal Newsline

Montana: “Campaign Finance Rules Released, Upcoming Public Hearings” by Alexander Deedy for Helena Independent Record

Ethics

Pennsylvania: “Corruption Accusations Paint Troubling Picture of Politics in Philadelphia Region” by Jonathan Tamari and Chris Palmer for Philadelphia Inquirer

Michigan: “Recordings: State rep asked aide to hide relationship” by Chad Livengood for MLive.com

South Carolina: “S.C. Statehouse Corruption Probe Continues, but Where Will it Lead?” by Schuyler Kropf for Charleston Post and Courier

Texas: “Texas Watchdog Group Calls another Political Titan to Account” by Manny Fernandez for New York Times

Elections

Arkansas: “Arkansas Attorney General Approves Wording of Term Limits Amendment” by The Associated Press for Arkansas Business

Procurement

Mississippi: “Gov. Bryant Orders Contracting Reform” by Geoff Pender for Jackson Clarion-Ledger

Gov. Mike Pence has cancelled a contract between the state Bureau of Motor Vehicles (BMV) and Express MVA and requested an investigation due to possible ethics violations.

Shawn Walters, formerly the BMV chief of staff, had approved Express MVA’s opening of a private license branch in 2010. However, when Walters moved from state employment to become the chief operating officer of Express MVA in 2014, he did not ask the state Ethics Commission if such a move would violate the state’s law requiring a one-year cooling-off period.

In addition to ending the contract, Pence has asked the inspector general to determine if Walters violated any ethics law by accepting a job with Express MVA.

A runoff election for mayor will be held next month due to such close voting results in the August 6 Nashville municipal election.

Megan Barry and David Fox came in first and second, respectively, in a field of seven candidates. Barry, an at-large member of Metro Council, earned about 1,500 more votes than Fox, former chair of the Metropolitan Nashville Public Schools Board.

The runoff election will be held on September 10.

On August 3, Gov. Rick Snyder called for a special election to fill the House District 75 seat, vacated by State Rep. Brando Dillon on the same day. The special election will be held on March 8, 2016, with the primary election to be held on November 3, 2015.

On August 6, the Maine Supreme Judicial Court issued an opinion finding 65 bills from the 2015 legislative session were vetoed by Gov. Paul LePage too late to prevent the legislation from taking effect.

Last month, the governor had returned the 65 bills to the Legislature on July 16, the last day of the session. However, the bills were returned beyond the 10 days, excluding Sundays, a governor has to veto legislation once he or she receives the bills.The court found the bills were beyond the ten days provided for gubernatorial objection and became law effective ninety days after the adjournment sine die of the Legislature, except where enacted as emergency legislation.

The opinion was made at the request of the governor.

Lobbying

“Bennet, Franken Introduce Lobbying Reform Bill – CWA Goes after Planned Parenthood Consultant – New Dems Break Fundraising Record” by Tarini Parti for Politico

Ohio: “Redflex-Funded Groups Helped Columbus Lobby for Cameras” by Lucas Sullivan for Columbus Dispatch

Campaign Finance

“IRS Mismanaged Tea Party Groups, Senate Report Finds” by Bernie Becker for The Hill

Minnesota: “Mark Dayton Drew Big Inaugural Checks after Election” by Brian Bakst (Associated Press) for St. Paul Pioneer Press

Ethics

Georgia: “Investigator: Corruption in DeKalb County ‘stunning’” by Dave Williams for Atlanta Business Chronicle

Indiana: “Pence Cancels BMV Contract, Asks for Ethics Investigation” by Tony Cook for Indianapolis Star

Oregon: “Cylvia Hayes Must Turn Over Emails to Judge for Review, Release” by Nick Budnick and Laura Gunderson for Portland Oregonian

Pennsylvania: “Montco DA Charges Attorney General Kane” by Craig McCoy, Angela Couloumbis, and Jeremy Roebuck for Philadelphia Inquirer

West Virginia: “Law Restricts WV Elected Officials’ Self-Promotion Using Taxpayer Money” by Phil Kabler for Charleston Gazette

National:

Drunk on Power: Booze distributors ply statehouses to keep profits flowing
Center for Public Integrity – Liz Essley Whyte | Published: 8/6/2015

Alcohol distribution is a $135 billion industry in the U.S. To protect the regulations that guarantee their business, wholesalers bankroll scores of lobbyists and give millions of dollars in political contributions. Because alcohol is largely regulated at the state and local level, wholesalers aim most of their political firepower at statehouses. At least 22 states had bills in 2015 seeking to allow alcohol makers to circumvent distributors and sell their products directly to customers. They faced firm opposition because alcohol wholesaler alliances had at least 315 registered lobbyists spread across 49 states and the District of Columbia. Distributors gave about $14.6 million to state candidates, parties, and ballot issue groups in 2014.

Federal:

Limits Unclear on New Political Party ‘Slush Funds’
Center for Responsive Politics – Carrie Levine | Published: 8/3/2015

A new law allows political parties to accept more than $800,000 per person per year, compared to $97,200 under the old limits. The money technically must be used only for specific purposes, such as legal expenses and improvements to party headquarters. But the limits are murkier than they seem, with some lawyers saying the money could legally pay for some election-related costs such as opposition research and data mining. And the FEC is at an impasse over whether and how to issue rules governing the new party accounts. As a result, decisions about spending the money are pretty much up to the parties and their lawyers.

Rand Paul Super PAC Head Indicted over Alleged 2012 Campaign Finance Violations
Washington Post – Sean Sullivan and Matea Gold | Published: 8/5/2015

A supporter and onetime close adviser to U.S. Sen. Rand Paul was charged with hiding secret payments to secure the endorsement of an Iowa lawmaker during the 2012 presidential campaign of his father, former U.S. Rep. Ron Paul. Jesse Benton, who had been tapped to run America’s Liberty, a super PAC that supports Rand Paul’s presidential bid, is accused of paying more than $70,000 to former Iowa Sen. Kent Sorenson to win his support ahead of the state’s caucuses in 2012. Also charged are John Tate and Dimitrios Kesari, who worked with Benton on the 2012 campaign. The three are accused of submitting false expense reports to the FEC. Benton is also accused of lying to the FBI.

Small Pool of Rich Donors Dominates Election Giving
New York Times – Nicholas Confessore, Sarah Cohen, and Karen Yourish | Published: 8/1/2015

An analysis of FEC reports and IRS records shows the fundraising arms race has made most of the presidential hopefuls dependent on a small pool of the richest Americans. Fewer than four hundred families are responsible for almost half the money raised in the 2016 campaign. The intensifying reliance on big money in politics mirrors the concentration of American wealth more broadly. In an era when a tiny fraction of the country’s population has accumulated a huge proportion of its wealth, the rich have also been empowered by the U.S. Supreme Court’s Citizens United decision and other regulatory changes to spend more on elections.

From the States and Municipalities:

Alabama – Tom Albritton, Alabama’s New Ethics Executive Director, Wants to Be Fair, Consistent
AL.com – Mike Cason | Published: 7/31/2015

Tom Albritton, the new executive director of the Alabama Ethics Commission, said consistency is the key to applying a broadly written ethics law in a way that both guards the public’s trust and encourages good people to run for office. He said parts of the ethics law are nonspecific to the extent that it requires careful interpretation for every circumstance and event. “I think having broad language is a challenge to enforce consistently, and you can’t have a rigid set of rules that don’t work in the real world,” said Albritton.

California – Campaign Money Has MTA Board Members Missing Votes
Los Angeles Times – David Zahniser and Katie Shepherd | Published: 8/3/2015

Los Angeles Mayor Eric Garcetti recused himself from dozens of Metropolitan Transportation Authority board votes last year as he sought to comply with one of California’s most restrictive rules on campaign contributions. Politicians on the board are prohibited from participating in decisions on contracts if they have received political donations of more than $10 from the companies seeking the work. One of his appointees to the board, city Councilperson Mike Bonin, withdrew from 34 contract decisions. County Supervisor Michael Antonovich stepped aside on 19 votes. For ethics experts, the practice of missing votes poses a question: does it mean the system is working, because politicians are staying away from the decisions that affect their campaign donors? Or does it show that it is broken, because board members repeatedly miss major financial decisions?

California – Public Officials Named in New Findings from FBI Probe of ‘Shrimp Boy’ Chow
San Francisco Examiner – Jonah Owen Lamb | Published: 8/4/2015

Evidence from the prosecution of Raymond “Shrimp Boy” Chow potentially implicates a wide array of public officials in alleged bribery schemes, “pay-to-play” plots, money laundering, and bid-rigging. The federal investigation culminated in a sweeping indictment with 29 defendants. Among them was former California Sen. Leland Yee, who pleaded guilty to racketeering. Chow was charged with running a Chinese American community organization as a racketeering enterprise. A motion to dismiss the indictment included snippets of FBI reports and wiretap evidence that suggest San Francisco Mayor Ed Lee and others participated in public corruption schemes but were spared prosecution “due to their political affiliations.’

Maine – Anti-Gay Marriage Group Suffers another Loss in Bid to Conceal Donors to Maine Campaign
Portland Press Herald – Steve Mistler | Published: 8/4/2015

Maine’s highest court rejected a national group’s latest bid to shield the identities of donors who contributed to its effort to overturn the state law allowing same-sex marriage. The state ethics commission fined the National Organization for Marriage (NOM) $50,250 last year for violating campaign finance laws and ordered it to file a report revealing the names of those who supported the referendum. NOM paid the fine but asked the Supreme Judicial Court to allow it to hold off on filing the report until the court considers its appeal of the commission’s decision. The justices denied that request, saying it is unlikely the organization will be successful in its challenge of the ethics panel’s ruling.

Massachusetts – 2 Businesses Fight State Ban on Campaign Contributions
MassLive.com – Shira Schoenberg | Published: 8/4/2015

An advocacy group and two business owners asked a judge to grant a preliminary injunction temporarily halting Massachusetts’ restrictions on corporate political giving. Under the state’s current campaign finance law, businesses are not allowed to contribute directly to candidates. Unions can contribute up to $15,000 to a candidate and individuals can contribute up to $1,000. Businesses cannot establish and fund PACs that donate to candidates, even though unions can. “Government can’t pick winners and losers in the political marketplace,” Jim Manley, senior attorney at the Goldwater Institute, told reporters before the hearing.

New York – JCOPE Denies Request to Shield Abortion-Issue Donors
Capital New York – Jimmy Vielkind | Published: 8/4/2015

The Joint Commission on Public Ethics (JCOPE) rejected applications from Family Planning Advocates of New York and the state Civil Liberties Union for exemptions that would allow the groups to keep their most generous donors secret. The 2011 law that created JCOPE allows it to grant exemptions if donors to a specific group – advocacy organizations categorized as 501(c)4 groups – are likely to face “harm, threats, harassment, or reprisals” if their giving becomes known to the public. Commissioners who opposed the exemptions expressed concern that the standard of evidence in the applications, which detailed episodes of perceived threats, was insufficient.

Pennsylvania – City Adopts New Reporting Requirements for Campaign Financing
Philadelphia Daily News – Wendy Ruderman | Published: 7/31/2015

Mayor Michael Nutter signed legislation that requires non-candidate groups that fundraise for the purpose of influencing elections to submit campaign finance reports every two weeks, beginning six weeks before an election. Non-candidate groups include nonprofit organizations, corporations, partnerships, and PACs. Disclosures regarding electioneering communications, such TV ads purchased by non-candidate parties, are also required within 50 days of an election. The bill followed a Democratic mayoral primary in which a significant amount of so-called dark money was spent by independent groups to influence the race.

Pennsylvania – City’s Campaign Contribution Limits at Heart of Fattah Case
Philadelphia Inquirer – Chris Brennan | Published: 7/30/2015

U.S. Rep. Chaka Fattah had a plan as he prepared for Philadelphia’s 2007 mayoral race: raise six-figure contributions from wealthy donors and, if challenged, use the courts to overturn the city’s donation limits. The conventional wisdom in political and legal circles at the time was that those caps would not survive a legal challenge. A Philadelphia judge, as expected, overturned the limits in December 2006. Commonwealth Court put them back in a ruling that landed just six weeks before the mayoral primary. The ruling set Fattah on a course that ultimately led to his recent indictment on corruption charges as he tried to circumvent the local law.

Pennsylvania – Reading Councilman Pleads Guilty in Corruption Case
Philadelphia Inquirer – Jeremy Roebuck | Published: 8/5/2015

Reading City Council President Francisco Acosta pleaded guilty to accepting a bribe of $1,800 in return for his effort to repeal the city’s campaign finance law. Court documents do not identify the public official who offered the bribe, but said the official had the power to sign city council legislation into law. The only person with that power is Mayor Vaughn Spencer, whose home was raided in July by the FBI. “Public Official No. 1,” as court documents described the person offering the bribe, had taken campaign donations that violated city law. The official believed “his best chance of winning re-election would require keeping these contributions and raising additional funds which would be prohibited by the code of ethics,” according to the documents.

Texas – Appellate Panel Says Texas ID Law Broke U.S. Voting Rights Act
New York Times – Erik Eckholm | Published: 8/5/2015

A federal appeals court struck down Texas’s voter-identification law, ruling it violates the Voting Rights Act. Texas was allowed to use the law during the 2014 elections, thereby requiring an estimated 13.6 million registered voters to have a photo ID to cast a ballot. The ruling was a victory, although not a sweeping one, for Democrats and minority rights groups. Last year, a federal judge called the law the equivalent of a poll tax, but the three-judge panel of the Fifth U.S. Circuit Court of Appeals disagreed. Instead, it sent the law back to the lower court to consider how to fix the discriminatory effects. The state can appeal the unanimous decision to the full appeals court, or ask for a U.S. Supreme Court review.

Texas – Paxton Surrenders in Securities Fraud Indictment
Texas Tribune – Patrick Svitek | Published: 8/3/2015

Facing three felony counts of securities law violations, Texas Attorney General Ken Paxton was booked on felony securities fraud charges. The grand jury indictments show that two first-degree fraud charges were based on Paxton’s efforts in July 2011, when he was a member of the state House, to sell stock on behalf of Servergy. According to the indictments, Paxton failed to tell stock buyers that he had been compensated with 100,000 shares of Servergy stock. Paxton also said he was an investor in Servergy when he was not, the charges indicated. A third count accused Paxton of acting as an investment adviser representative without registering with the State Securities Board. Paxton is not required to leave office while he fights the charges.

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.

A new bill entered in the U.S. Senate would permanently ban members of both houses of Congress from ever becoming lobbyists. The legislation was introduced on August 5 by Sens. Michael Bennet and Al Franken.

The Senate bill, entitled the Close the Revolving Door Act of 2015, additionally increases certain lobbying bans for senior Senate and House staff members from one year to six years after leaving the job. Another change the bill would implement is requiring lobbying firms to disclose paid consultant services by any employee who is a former senator or representative and certain former congressional staffers who made at least $100,000 in any one year, worked for four or more years as a staff member, or held a senior staff position in Congress. The bill also increases the maximum penalty for violating the Lobbying Disclosure Act, bans lobbyists from joining congressional staffs or committee staffs that they lobbied for six years, and creates a website to provide searchable disclosures on lobbying activities.

“The revolving door between Congress and the lobbying industry is a problem that needs fixing, because our democracy can’t function the way it’s supposed to when big interests have more power than the American people,” Franken said in a press release.

Campaign Finance

“Rand Paul Super PAC Head Indicted over Alleged 2012 Campaign Finance Violations” by Sean Sullivan and Matea Gold for Washington Post

Connecticut: “CT Democrats Seek New Ruling to Resolve Malloy Campaign Investigation” by Mark Pazniokas and Keith Phaneuf for Connecticut Mirror

Massachusetts: “2 Businesses Fight State Ban on Campaign Contributions” by Shira Schoenberg for MassLive.com

Minneapolis: “MN Campaign Finance Board Gets Report about Holes in Disclosure Law” by J. Patrick Coolican for Minneapolis Star Tribune

Pennsylvania: “Reading Councilman Pleads Guilty in Corruption Case” by Jeremy Roebuck for Philadelphia Inquirer

Wisconsin: “Scott Walker, GOP Lawmakers Want to Change Elections Board by 2016” by Patrick Marley for Milwaukee Journal Sentinel

Ethics

California: “Public Officials Named in New Findings from FBI Probe of ‘Shrimp Boy’ Chow” by Jonah Owen Lamb for San Francisco Examiner

Hawaii: “Ian Lind: Ex-Legislator May Make a Good Ethics Commissioner” by Ian Lind for Honolulu Civil Beat

New York: “New York State Ethics Watchdog Panel Divided on Choice for New Top Administrator” by Casey Seiler for Albany Times Union

Legislative Issues

Kansas: “The Kansas Experiment” by Chris Suellentrop for New York Times Magazine

Federal contractors may be required to provide “paid leave to employees who are sick, are seeking medical attention or need to care for a sick relative,” according to an article published in today’s New York Times.

The paper says it obtained a confidential draft of a presidential executive order, marked “pre-decisional and deliberative,” requiring all federal contractors and subcontractors to provide leave for illnesses and for care of “a child, parent, spouse, domestic partner ‘or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.’” The White House has refused to comment on the draft document.

Voters will decide whether to increase the city’s minimum wage on November 3.

If passed, the initiative would increase the city’s minimum wage to $15 per hour by 2020.

Opponents of the measure say such a change could cause businesses to leave the city. There is currently a group working to put a veto referendum on the November ballot.

Photo of the JC Nichols Fountain in Kansas City by Henri-Léon Gréber on Wikimedia Commons.

Lobbying

“Jon Stewart’s Next Act: Lobbyist?” by Darren Samuelsohn for Politico

California: “Measure Seeks to Reveal Names, Funding behind Indirect Lobbying” by Emily Green for San Francisco Chronicle

New York: “JCOPE Denies Request to Shield Abortion-Issue Donors” by Jimmy Vielkind for Capital New York

Campaign Finance

“Super PAC Doppelgangers Eclipse Candidates in Campaign Money Chase” by Michael Beckel for Center for Public Integrity

California: “Campaign Money Has MTA Board Members Missing Votes” by David Zahniser and Katie Shepherd for Los Angeles Times

Maine: “Anti-Gay Marriage Group Suffers another Loss in Bid to Conceal Donors to Maine Campaign” by Steve Mistler for Portland Press Herald

New York: “New York State Lawmakers Spend Millions in Campaign Funds on Legal Fees” by Susanne Craig and Thomas Kaplan for New York Times

Ethics

Massachusetts: “Voters May Have a Say on Boosting Public Records Access” by Todd Wallack for Boston Globe

Redistricting

New York: “Democrats Unveil a Plan to Fight Gerrymandering” by Jonathan Martin for New York Times