The Senate has voted down a bill to overhaul ethics laws. Senate Bill 1 failed by a 19 to 24 vote on Wednesday, February 11.

The main issue Senators could not agree on was whether lawmakers should be involved in the process of investigating themselves. The majority of senators believed an independent panel to investigate senators’ conduct solves a problem that does not exist.

The Senate still has a chance to consider a similar version of the bill passed unanimously by the House.

Lobbying

New Mexico: “Lobbyist Disclosure Bill Hits Snag in House Committee” by Steve Terrell (Santa Fe New Mexican) for Las Cruces Sun-News

Campaign Finance

Arizona: “State Office Working to Close Campaign Finance Loophole” by Howard Fischer (Capitol Media Services) for Arizona Daily Star

Nevada: “Nevada Supreme Court Rules against Conservative Group Citizen Outreach in Campaign Flyer Case” by Riley Snider and Michelle Rindels (Associated Press) for Greenfield Daily Reporter

Rhode Island: “Rhode Island Lawmaker Arrested for Alleged Misuse of Campaign Money Resigns Leadership Post” by Jennifer McDermott and Michelle Smith (Associated Press) for Greenfield Daily Reporter

Ethics

New Jersey: “Wisniewski Seeks to End Christie’s Paid-for Travel” by Matt Friedman for Newark Star-Ledger

New York: “Political Corruption in Albany a Very Old Story” by Paul Grondahl for Albany Times Union

Indiana: “Indiana Lawmakers’ Panel Passes Ethics Reform Package” by Tony Cook for Indianapolis Star

Virginia: “Va. House and Senate Unhappily Pass Ethics Bills; Governor Awaits Deal” by Jenna Portnoy and Rachel Weiner for Washington Post

Procurement

Texas: “Ethics Bill Would Shed Light on Contracts” by Jay Root for Texas Tribune

Prompted by Secretary of State Kate Brown, a bill in the Oregon Senate would impose campaign contribution limits in a state where contributions are currently unlimited.

Senate Bill 75, now in committee, sets the individual and entity contribution limit at $2,600 per calendar year and the political committee limit at $5,000 per calendar year. These limits are aggregate limits, so total yearly contributions to any state, county, or city candidate or committee cannot exceed the stated limit.

The bill is an amendment to the state constitution, so it would have to be approved by voters before becoming law.

Photo of Oregon Secretary of State Kate Brown by Josh.Goldberg on Wikimedia Commons.

The House of Delegates and Senate each passed versions of ethics reform bills targeting gifts to lawmakers. Both chambers and the governor have agreed on a $100 limit, including meals and travel, as well as the creation of a bipartisan commission to advise members and issue waivers for travel exceeding the limit.

The governor, however, proposed the commission be given subpoena and audit power while the Senate favors the power to inspect records and issue civil penalties. The House version does not include either provision.

Certain lawmakers are concerned the commission, if given too much power, will only serve as a vehicle for political retribution. The House and Senate, in the coming weeks, will work towards a compromise to send to Gov. McAuliffe.

Photo of the Virginia State Capitol by Varmin on Wikimedia Commons.

Lobbying

California: “Legal Clinic Immerses Aspiring Lawyers in the Political Process” by Maura Dolan for Los Angeles Times

Florida: “Mayor’s Ball Draws Influential Donors” by Andy Reid for South Florida Sun Sentinel

Missouri: “Ethics Bills Move Ahead in Senate, House Committee” by Rudi Keller for Columbia Daily Tribune

New Mexico: “New Mexico Lobbyists Spend on Lawmakers but Disclosure Lacks” by Sandra Fish for Las Cruces Sun-News

Campaign Finance

Arizona: “Committee: Lobbyists still can’t donate during sessions” by Julia Shumway for Arizona Republic

Illinois: “Illinois Governor Acts to Curb Power of Public Sector Unions” by Monica Davey and Mitch Smith for New York Times

Oregon: “Secretary of State Wants to Limit Campaign Spending” by Hannah Hoffman for Salem Statesman Journal

Pennsylvania: “A Section of City Code Has Money from Law Firms, Corporations Drying Up in Philly Politics” by Chris Hepp for Philadelphia Inquirer

Ethics

New York: “NY Senate Democrats: Ban outside income for lawmakers” by David Klepper and Michael Virtanen (Associated Press) for Seattle Times

Washington: “Lt. Governor Wants Change in How Ethics Are Policed” by Jim Brunner for Seattle Times

On February 2, 2015, the commissioners of the Joint Commission on Public Ethics (JCOPE) issued a report to the governor and the Legislature outlining requested changes to existing ethics and lobbying laws. Among their recommendations are mandatory electronic filing for lobbyists and lobbyist employers, disclosure of political consulting or fundraising activities undertaken by lobbyists, assessment of financial penalties for non-compliance with audits, and barring individuals or entities from acting as lobbyists if they have repeat violations of the Lobbying Act.

The report also notes the need for a review of the Lobbying Act to ensure all forms of government advocacy, including grassroots lobbying and strategic consulting, are being captured for reporting purposes.

According to the Times Union, Gov. Cuomo said he is willing to delay budget negotiations in exchange for an ethics reform package from the Legislature, incorporating the recommendations of the JCOPE.

The entire report is available here.

A bill to require additional disclosure of legislative lobbying has stalled after a party-line vote in the House Regulatory and Public Affairs Committee. House Bill 155, sponsored by Rep. Jeff Steinborn (D), received three pass votes from Democrats and three no votes from Republicans.

A majority vote of those present is needed to pass a bill out of a committee.

The bill would require issue disclosure, itemized gift reporting, employer expenditure reporting, and would double lobbyist registration fees to $50.

Lobbying

Hawaii: “Hawaii Lobbyists Fined for Failing to Register with State Ethics Commission” by The Associated Press for Greenfield Daily Reporter

Minnesota: “Tomassoni Quits Range Job, Citing ‘Distractions’” by Don Davis for Duluth News Tribune

Texas: “State Law Allows for Lobbying Deep in the Shadows of Texas” by James Drew for Dallas Morning News

Campaign Finance

California: “A Legal Use of Power: Parties funnel millions to California candidates” by Jim Miller for Sacramento Bee

Pennsylvania: “After Pennsylvania Treasurer Scandal, Pay-to-Play Law Still a Longshot” by The Associated Press for Lehighvalleylive.com

Ethics

New York: “Harassment Suit against Former Assemblyman Vito Lopez and Sheldon Silver Is Settled” by Jesse McKinley for New York Times

North Carolina: “City Panel Proposes Stronger Ethics Policy” by Steve Harrison for Charlotte Observer

Oregon: “Oregon Gov. John Kitzhaber Faces Call to Resign amid Scandal over Fiancée” by Maria La Ganga for Los Angeles Times

Washington: “Free U.S. Open Tickets for Lawmakers? Ethics Board to Discuss” by Melissa Santos for Tacoma News Tribune

Legislative Issues

Idaho: “Recodification Bill Would Create New Title of State Law for Ethics, Public Records, Open Meetings” by Betsy Russell for Spokane Spokesman-Review

South Carolina: “Lawmakers Hear Calls to Change the Way SC Elects Judges” by Jamie Self for The State

Political Advertising

“Drones Fly into the Political Ad Wars” by Daniel Lippman for Politico

On February 11, the Federal Election Commission (FEC) will hold a public hearing regarding proposed rules in response to the U.S. Supreme Court decision in McCutcheon v. FEC.

More than 30 witnesses have been scheduled to testify, including James Bopp, Jr. and Dan Backer, counsels for the McCutcheon case, and Shaun McCutcheon himself. A complete list of scheduled witnesses is available here.

The hearing, scheduled to begin at 8:15 a.m., is expected to last until at least 4:00 p.m.

A federal lawsuit has been filed against Gov. Andrew Cuomo in an attempt to force the governor to call a special election for the congressional vacancy left by former Rep. Michael Grimm. Grimm resigned from Congress in early 2015 after pleading guilty to felony tax fraud.

By law, Cuomo must call a special election to fill the seat and such election must take place 70 to 80 days after it is announced. However, the governor has no present plans of calling a special election, angering the constituents of Grimm’s former district, which encompasses Staten Island and southern Brooklyn.

The suit alleges constitutional violations and requests the court to compel Cuomo to call a special election.

Judge Jack Weinstein of the U.S. District Court for the Eastern District of New York will hear the case on February 13, 2015.

Photo of Governor Cuomo courtesy of Pat Arnow on Wikipedia.

Assemblyman Carl Heastie has been elected speaker of the New York State Assembly. The election was held due to outgoing speaker Sheldon Silver being arrested on federal corruption charges.

Heastie, a Democrat from the Bronx, has served in the Assembly since 2000. He is the first speaker from the Bronx, and also the first African-American to be speaker.

Photo of Assemblyman Carl Heastie courtesy of the New York State Assembly website.

Lobbying

New Mexico: “GOP Leaders Says Former Speaker Gave Office Space to Lobbyist” by Patrick Malone (Santa Fe New Mexican) for Las Cruces Sun-News

Campaign Finance

“Helena-Based Campaign Finance-Tracking Group Gets Prestigious $1M Grant” in The Missoulian

“Big Business Crushed Ballot Measures in 2014” by Liz Essley White for Center for Public Integrity

“The Secret World of a Well-Paid ‘Donor Adviser’ in Politics” by Nicholas Confessore for New York Times

Illinois: “Ald. Deb Mell Hit with Complaint over Free Rent Provided by Dad Dick Mell” by Ted Cox for DNAinfo.com

Montana: “Bullock, Ankney Outline Campaign Finance Reform Bill” by Charles Johnson for Montana Standard

Utah: “Politicians May Be Giving Contributions to Charity in the Future” by Amy McDonald for Provo Daily Herald

Ethics

Arkansas: “Lawmakers Favor Expanded Ethics Panel” by Michael Wickline for ArkansasOnline.com

Hawaii: “Hawaii Ethics Commission Fines Current and Former State Workers over Free Golf” by The Associated Press for Fox News

New York: “Malcolm Smith, Ex-New York Senate Chief, Is Convicted of Corruption” by Tanzina Vega for New York Times

South Dakota: “Ethics Commission Killed by House Republicans” by Bob Mercer for Rapid City Journal

U.S. District Court Judge Charles Clevert ruled several portions of Wisconsin’s campaign finance laws unconstitutional. The court permanently enjoined the state from enforcing campaign finance laws against groups discussing candidates. Those laws, however, continue to be enforceable against express advocacy.

The court also struck down attribution and disclaimer requirements as applied to radio speech 30 seconds or shorter and enjoined enforcement of limits on what organizations could spend to solicit contributions to their own political committees.

National:

National Donors Pick Winners in State Elections
Center for Public Integrity – Ben Weider | Published: 1/28/2015

National political organizations, such as the Republican Governors Association, gave significantly more money than political parties, unions, corporations, or wealthy individuals to influence state-level campaigns. The contributions went beyond races for governor. The funds made their way into lower-ballot contests such as attorney general, Supreme Court justice, and state legislator. The national groups also cropped up on the lists of the biggest donors in most states, outgiving homegrown political players in a sign that all politics may now be national. They also were more successful in backing winners than most donors, becoming the de facto kingmakers of state politics.

Federal:

Measles Prove Delicate Issue to GOP Field
New York Times – Jeremy Peters and Richard Pérez-Peña | Published: 2/2/2015

As the latest measles outbreak raises alarm, and parents who have decided not to vaccinate their children face growing pressure to do so, the national debate is forcing the Republican Party’s 2016 presidential hopefuls to confront questions about whether it is in the public’s interest to allow parents to decide for themselves. The controversy is a twist on an old problem for the GOP: how to approach matters that have largely been settled among scientists but are not widely accepted by conservatives. It is a dance Republican candidates often do when they hedge their answers about whether evolution should be taught in schools, for example.

The Surprising Power of Blue-State Republicans
New York Times – Nate Cohn | Published: 1/30/2015

How does the Republican Party, seemingly dominated by the South, energized by the tea party, and elected by conservative voters also consistently support relatively moderate presidential nominees such as John McCain and Mitt Romney? The answer is the blue-state Republicans. They make it far harder for a very conservative candidate to win the GOP nomination than the party’s reputation suggests. They also give a candidate who might seem somewhat out of touch with today’s Republican Party, like Jeb Bush, a larger base of potential support than is commonly thought.

From the States and Municipalities:

California – Oil Industry Doubled Spending on Lobbying in California Last Year
Sacramento Bee – Laurel Rosenhall | Published: 2/4/2015

The oil industry nearly doubled its spending on lobbying in California last year as the January 1, 2015, date approached for gasoline to be included in the state’s cap-and-trade program. That increase in expenditures was part of a larger trend in 2014 that saw interest groups spend more on lobbying in California than ever before. Overall, spending on lobbying was up four percent, with interest groups pouring a combined $293.7 million into lobbying state government.

Massachusetts – State Senator’s Lavish Gift Raises Concerns on Ethics
Boston Globe – Andrea Estes | Published: 1/30/2015

Massachusetts Sen. Brian Joyce is under scrutiny for the expensive sunglasses he gave out as gifts to his colleagues during the holidays. Joyce gave everyone in the 40-member state Senate gold-plated designer sunglasses, customized with each senator’s name engraved on the side. But the glasses that retail for more than $200 may violate state ethics rules for the cut-rate price Joyce paid for them. He originally negotiated a price of just $50 per pair from the manufacturer. Politicians, according to state ethics rules, are not supposed to receive discounts not available to others.

Missouri – Ethics Amendment Sponsor Sees Little Chance for Effective Action by Lawmakers
Columbia Daily Tribune – Rudi Keller | Published: 2/3/2015

Debates over lobbying and campaign finance rules have a much higher profile this year in Missouri. Leaders in both chambers have said the issue is a top priority, but they differ on how far lawmakers must go. Some members want to ban lobbyist gifts, some want limits, and others want faster, more precise reporting. Sen. Rob Schaaf said a proposed constitutional amendment to ban lobbyist gifts and impose limits on political contributions will serve as the template for an initiative petition drive if lawmakers do not put it on the ballot themselves.

Missouri – Missouri Lawmakers’ Steady Shift to Lobbying Raises Concerns with Critics
Kansas City Star – Jason Hancock | Published: 2/1/2015

Registered lobbyists outnumber lawmakers in Jefferson City by almost five-to-one. Over the last decade, as voter-imposed term limits began driving elected officials out of office, lobbyists’ ranks have swelled with former legislators and staff cashing in on their expertise and connections. To critics, that erodes public trust and runs the risk of corrupting policy. It fuels a perception that lawmakers are casting votes to curry favor with potential future employers. Congress and at least 32 states have laws in place limiting when legislators can return to lobby their former colleagues; Missouri is not among them.

Nevada – When Do Lawmakers’ Day Jobs Become Conflicts of Interest?
Las Vegas Sun – Kyle Roerink | Published: 2/3/2015

Nevada’s citizen Legislature will inherently pose potential conflicts in a state where just a few industries – gaming, mining, insurance, and construction – have hefty influence. Nevada is one of 16 part-time Legislatures that offer low pay and small staffs, forcing most lawmakers to have full-time employment. Those day jobs, for many elected to office, are in fields overlapping with politics. State law requires lawmakers to recuse themselves from participating in debates if they have significant financial interests or received substantial gifts that could be perceived as swaying their judgment. Nevada’s ethics commission does not have jurisdiction in such matters. Only lawmakers can choose to address those issues within the Legislature’s ethics committees.

New Jersey – Christie’s Overseas Travel Funded by Firms That Do Business with N.J.
Bergen Record – Shawn Boburg and Hugh Morley | Published: 1/31/2015

Created at the behest of Gov. Chris Christie in 2010 to promote business and job growth in the state, Choose New Jersey funded Christie’s recent trip to England with backing from public utilities, labor unions, law firms, and contractors, some that have received multimillion-dollar contracts and tax breaks from the state. The donors also regularly send lobbyists to Trenton to advance their business interests in front of key lawmakers, including the governor. The arrangement is legal, but watchdog groups say it raises questions about whether Christie is benefiting politically from the largesse of firms that have a financial stake in decisions made at the Capitol.

New York – 6 Days That Felled Sheldon Silver, the Speaker Who Ruled Albany for Decades
New York Times – Jesse McKinley, Thomas Kaplan, Susanne Craig, and William Rashbaum | Published: 1/28/2015

The six-day, slow-motion toppling of New York Assembly Speaker Sheldon Silver began with his arrest on January 22 and culminated when Democrats said Silver would be replaced for the betterment of a chamber repeatedly buffeted by prosecutions, convictions, and sexual harassment scandals. Interviews with more than a dozen legislators indicate it was a idealistic new wave of Assembly members who helped galvanize opposition to Silver, prodded a loyal old guard, and cleared the way for an election of a new speaker and, they hoped, a new start.

Oregon – Cylvia Hayes Scandal: Kitzhaber associates helped create jobs for her that had Oregon influence in mind
Portland Oregonian – Nick Budnick and Laura Gunderson | Published: 2/3/2015

Associates of Oregon Gov. John Kitzhaber helped to create jobs for fiancée and first lady Cylvia Hayes, work that influenced state policy on energy. Hayes’ calendar shows she held the paid posts simultaneously as she served as an unpaid energy adviser inside Kitzhaber’s office. One of the jobs paid her $5,000 for five months after Kitzhaber started his third term.  The second was a fellowship that paid $118,000 over two years. The Portland Oregonian reported both jobs involved foundations and organizations with direct interest in state policy making.

Pennsylvania – Former Pennsylvania Treasurer to Plead Guilty to Extortion in Deal with Federal Prosecutors
Greenfield Daily Reporter – Marc Levy (Associated Press) | Published: 2/2/2015

Former Pennsylvania Treasurer Rob McCord could face as many as 40 years in prison and be fined up to $500,000 if he follows through on a tentative plea agreement to resolve charges he tried to extort campaign contributions. McCord is accused of using threats to squeeze contributions from a law firm and a property management company to help finance his failed 2014 campaign for governor. McCord had been midway through his second term as treasurer when he resigned on January 30.

Virginia – Ethics Reforms Advance in Virginia Legislature
Washington Post – Rachel Weiner and Jenna Portnoy | Published: 2/5/2015

A Virginia House subcommittee and a state Senate committee advanced legislation aimed at strengthening the state’s ethics laws. The bills would reduce the current $250 cap on gifts to public officials to $100 and remove the distinction between tangible and intangible gifts such as travel, meals, and entertainment. But Republicans who control the General Assembly remain at odds with Gov. Terry McAuliffe over the best way for the state to monitor the rules on conflicts-of-interest.

Washington – Lawmakers Grouse about Free Meals Rule
Tacoma News Tribune – Jordan Schrader | Published: 1/29/2015

Washington lawmakers are complaining about a new limit of 12 free meals they are allowed to take from lobbyists, saying it does not just impugn their integrity, it is also confusing. “All of us have tried to navigate the maze of what is [considered] a meal,” Sen. Marko Liias said during hearings on the subject. Sen. Brian Hatfield’s bill would apply the limit only to meals worth more than $50. Many meals that are drawing questions would fall below that standard, which is already the threshold for what lawmakers are supposed to disclose on financial forms.

Wisconsin – Federal Judge’s Judgment Takes John Doe Probe off Life Support
WisconsinReporter.com – M.D. Kittle | Published: 2/1/2015

A federal judge ordered state election officials to post links to decisions striking down swaths of Wisconsin’s campaign finance laws on its website. A federal appeals court struck down state laws banning independent political spending by corporations to support or oppose candidates and capping corporations’ political donations. The court also struck down Government Accountability Board (GAB) rules that imposed reporting requirements for groups that make independent political expenditures. U.S. District Court Judge Charles Clevert issued a permanent injunction codifying the appellate ruling. The injunction orders the GAB to post links to the court decisions and keep them active for four years.

State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.