October 4, 2018 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance Alabama: “‘Beach House Sheriff’ Used Pistol Permit Fees to Pay for TV Commercials During Campaign” by Connor Sheets for AL.com New Mexico: “Patrick Lyons Fundraising for Land Commissioner Campaign Raises Legal and Ethical Questions” by Elizabeth Miller for […]

October 3, 2018 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance Massachusetts: “After Baker Tasked Eversource with Merrimack Valley Response, Executives Cut Checks to His Campaign” by Matt Stout for Boston Globe Washington: “Pursuit of Campaign-Spending Violations Breaks the Budget” by Jerry Cornfield for Everett Daily Herald Elections National: […]

October 2, 2018 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance California: “Inglewood Mayor’s Campaign Loaned Nearly $160,000 to a Political Ally. None of It Has Been Paid Back” by Benjamin Oreskes for Los Angeles Times Massachusetts: “State Police Union President Pullman Resigns Amid New Federal Probe” by Andrea […]

October 1, 2018 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance National: “Former Congressman Claims Vindication after Miami Judge Dismisses Ringer Lawsuit” by David Smiley for Miami Herald Canada: “B.C. to Review Campaign Finance Laws After Civic Elections” by Ian Bailey and Wendy Steuk for The Globe and Mail […]

September 28, 2018 • Written by Jonathan Spontarelli

News You Can Use – September 28, 2018

National: For Women on the 2018 Campaign Trail, ‘Sexism’ Is No Longer a Forbidden Word Connecticut Post – Avi Selk (Washington Post) | Published: 9/21/2018 Several women in high-profile national races this year have broken from decades-old conventional wisdom that […]

National:

For Women on the 2018 Campaign Trail, ‘Sexism’ Is No Longer a Forbidden Word
Connecticut Post – Avi Selk (Washington Post) | Published: 9/21/2018

Several women in high-profile national races this year have broken from decades-old conventional wisdom that cautioned female candidates against complaining of sexism, lest they be painted as weak or angry or to being accused of playing what Donald Trump called “the woman card” during his presidential campaign. Celinda Lake, a Democratic pollster, conducted a survey in 2012 that found fears of a backlash against speaking up were unfounded. But not until this cycle – after Trump’s win and the subsequent #MeToo movement to out powerful men accused of sexual assault – has she seen female candidates do so in numbers.

Federal:

‘Can You Do This?’: Russia probe conflicts rampant among Rosenstein replacements
Politico – Darren Samuelsohn and Josh Gerstein | Published: 9/27/2018

President Trump may think he is getting rid of a problem if he pushes Deputy Attorney General Rod Rosenstein out of the Justice Department. But cleaning house will hardly end the president’s headaches from special counsel Robert Mueller’s investigation into Russian election meddling and whether the Trump campaign coordinated with Moscow on its efforts. Several administration appointees in line for Rosenstein’s role overseeing Mueller’s probe come with their own baggage, from direct involvement in the investigation to recent work at law firms with clients mired in the inquiry.

Obama White House Counsel Gregory Craig Under Scrutiny by Prosecutors in Offshoot of Mueller Probe
Washington Post – Tom Hamburger | Published: 9/23/2018

Federal prosecutors have stepped up their investigation of prominent Washington, D.C. attorney Gregory Craig for work he conducted at his former law firm on behalf of the Ukrainian government in 2012, an effort coordinated by Paul Manafort. Craig’s case, and that of two Washington lobbyists who worked with Manafort on Ukrainian matters, were referred to federal prosecutors in New York, who appear to be focused on whether the three failed to register as foreign agents while working with Manafort’s Ukrainian clients. The investigation of Craig, along with lobbyists Vin Weber and Tony Podesta, has shaken K Street’s lobbying and legal community, which until recently had faced little scrutiny of its representation of foreign clients.

Political Nonprofits Seek Answers After Court Decision Targeting ‘Dark Money’
Washington Post – Michelle Ye Hee Lee | Published: 9/21/2018

Nonprofit advocacy groups historically have not been required to publicly disclose their donors, as political committees must. But a federal judge threw out a rule that allowed the groups to withhold donors’ identities, broadening the type of donors who would now be subject to disclosure. The U.S. Supreme Court declined to intervene in the case. The decision will no doubt shed more light on the contributors to politically active nonprofits, although exactly how much is uncertain as groups and federal officials take stock of the decision. In the absence of new regulation, nonprofit groups are left in a gray area, which could lead to new methods of avoiding disclosure and maintaining donor privacy.

From the States and Municipalities:

Alabama: Reform Panel to Vote on Changes to Alabama Ethics Law
AL.com – Mike Cason | Published: 9/20/2018

The Alabama Code of Ethics Clarification and Reform Commission will vote on proposals to amend the state ethics law at its next meeting in October, which will be sent to lawmakers. The Alabama Court of Criminal Appeals recommended the Legislature clarify the definition of a lobbying “principal” in its ruling upholding ethics convictions against former House Speaker Mike Hubbard. The court said it believed the law was applied correctly in Hubbard’s case but could envision other cases where the definition was problematic. The definition is important because the law places restrictions on principals like it does on lobbyists, such as prohibitions on giving money or gifts to public officials.

Florida: NRA Sway: For Florida officials, it’s always Hammer time
Tampa Bay Times – Steve Contorno | Published: 9/21/2018

Those who work in the Florida agency that oversees gun permits never know when National Rifle Association (NRA) lobbyist Marion Hammer will command their attention, or what about. Nights, weekends, and even holidays, she sends messages to senior department officials with complaints and demands. They often respond within minutes. Hammer’s singular power over Florida lawmakers, especially Republicans, is the stuff of Tallahassee legend. Yet according to a review of hundreds of Hammer’s emails with the state Department of Agriculture, her sphere of influence stretches far beyond gun legislation. Emails from 2014 to 2017 show the lobbyist involves herself in a wide array of day-to-day tasks of an agency that was accused five years ago in a lawsuit of being run by the NRA.

Illinois: Cook County OK to Restrict Campaign Cash from Lawyers, Others Seeking ‘Official Action,’ Appeals Court Says
Cook County Report – Jason Bilyk | Published: 9/25/2018

A state appellate court ruled Cook County has the power to make ethics rules that apply to county officers, finding the board of commissioners did not overstep in prohibiting real estate lawyers and others from contributing to the campaigns of county officials when they are seeking “official action” from the county. While the county has for decades used its ethics ordinance to place limits on who can give money to county officials, and how much they can donate to their campaigns, the ordinance was amended in 2016 to extend restrictions which had been applied previously to lobbyists and contractors, now to reach “persons seeking official action from the county.”

Missouri: Clean Missouri Will Be on November Ballot After High Court Refuses to Hear Challenge
Kansas City Star – Alison Kite | Published: 9/24/2018

The Missouri Supreme Court will not reconsider a ruling allowing voters to decide on a ballot measure that would reform the state’s ethics laws. The decision reaffirms a state appeals court ruling letting the so-called Clean Missouri initiative appear on the November ballot as Constitutional Amendment 1. Opponents had claimed the initiative violates the state constitution by addressing too many topics. The measure would lower campaign contribution limits, eliminate nearly all lobbyist gifts, require a waiting period before lawmakers and their staffers can become lobbyists, and open legislative records. It also would turn the task of drawing legislative district maps over to a nonpartisan expert and reviewed by a citizen commission.

New York: Crystal Run Did Raise a Red Flag
WRAL – Chris Bragg (Albany Times Union) | Published: 9/25/2018

In a meeting with The Albany Times Union editorial board, New York Gov. Andrew Cuomo emphatically stated that Crystal Run Healthcare, had never warned his campaign of potential problems with its $400,000 in donations. Moreover, the governor said if the company had done so, Crystal Run would have effectively “admitted to a crime.” But in response to the newspaper’s questions about Cuomo’s statement, his campaign acknowledged what the governor said that day was not true: Crystal Run had indeed approached the campaign with concerns about its contributions. The FBI and the U.S. attorney’s office in Manhattan have been investigating whether 10 separate $25,000 checks from Crystal Run officials to Cuomo in October 2013 were reimbursed by the company through bonuses. If that occurred, it could violate state election law.

New York: Percoco Sentenced to Six Years for Corruption
Albany Times Union – Robert Gavin | Published: 9/20/2018

A judge sentenced Joseph Percoco, a former top aide to New York Gov. Andrew Cuomo, to six years in federal prison for accepting more than $320,000 in bribes from businesspeople looking to buy influence with state. The bulk of the bribes came in the form of a “low-show” job given to Percoco’s wife by an energy company that wanted to build a power plant in the Hudson Valley. While prosecutors did not accuse Cuomo of any wrongdoing, the trial cast a shadow over his administration, especially in light of early campaign promises when he was first elected to clean up Albany.

North Carolina: NC House Speaker Tim Moore’s Legal Contract with Start-Up Raises Questions
Raleigh News and Observer – Dan Kane | Published: 9/25/2018

A short time into Anne Whitaker’s tenure as chief executive officer of KNOW Bio, a pharmaceutical start-up, she learned of a legal services contract given to an attorney she had never heard of for services she felt were of questionable value for a company that was barely a year old. The lawyer was North Carolina House Speaker Tim Moore. When she learned the details of his contract and his work, which struck her as federal lobbying, Whitaker said she terminated it with the support of company board members. Whitaker said KNOW Bio’s co-founder, Neal Hunter, had given Moore the contract. What Whitaker said she did not know is that Moore, as the powerful Rules Committee chairperson, had earlier helped Hunter with a controversial development that was in danger of failing.

Oklahoma: Oklahoma Ethics Commission Hit with Federal Lawsuit Over Gift Rules
The Oklahoman – Nolan Clay | Published: 9/26/2018

The Institute for Justice is asking a federal judge to find Oklahoma’s gift-giving restrictions do not apply to informational materials. Over the last few years, the state Ethics Commission has imposed stricter rules on what lobbyists and the organizations they represent can give to lawmakers and other state officials. Under the current rules, the institute could give a book to a state government official in recognition of a special occasion like election to office if the book costs $100 or less. It also could give a state official a $10 book once a year. In light of those limitations, it is “effectively impossible” for the organization to distribute a copy of the book “Bottleneckers: Gaming the Government for Power and Private Profit,” which is valued at $15, to educate lawmakers, the institute’s attorneys said.

Oklahoma: Oklahoma Supreme Court Rejects Ethics Commission Request for More Money
The Oklahoman – Nolan Clay | Published: 9/25/2018

The Oklahoma Supreme Court rejected the state Ethics Commission’s request for more funding. The commission chairperson has accused legislators of cutting the agency’s appropriation because stricter rules had been imposed on their conduct. The commission asked the justices to take action to get it enough money to perform at least its basic duties. It complained lawmakers have underfunded it for years in violation of the Oklahoma Constitution. To avoid running out of money, the commission is now charging candidates, lobbyists, PACs, and others more to register.

Tennessee: Nashville Judge Rules Against State in Lawsuit Over ‘Blackout Period’ for PACs
The Tennessean – Joey Garrison | Published: 9/27/2018

Davidson County Chancellor Ellen Hobbs Lyle struck down a Tennessee law that prohibits nonpartisan PACs from giving campaign contributions within 10 days of an election. Under the law, only committees controlled by a political party have been able to donate to candidates 10 days out from an election. “Elected officials and political parties cannot lawfully censor disfavored political speakers while reserving special treatment in the political process for themselves,” said Daniel Horwitz, an attorney for Tennesseans for Sensible Election Laws. Deputy Attorney General Janet Kleinfelter said the state intends to appeal the decision.

September 27, 2018 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance Illinois: “Cook County OK to Restrict Campaign Cash from Lawyers, Others Seeking ‘Official Action,’ Appeals Court Says” by Jason Bilyk for Cook County Report Elections Florida: “Will Florida’s Ex-Felons Finally Regain the Right to Vote?” by Emily Bazelon […]

September 26, 2018 • Written by Jonathan Spontarelli

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “Dems Offer Resolution to Force Vote to Overturn IRS Guidance Limiting Donor Disclosure” by Naomi Jagoda for The Hill Canada: “Vancouver Shows B.C. Is Still the Wild West of Election Advertising” by Frances Bula for The Globe […]

September 25, 2018 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance National: “Why Are Corporations Pouring Millions into Shoo-In Governor Races?” by Sanya Mansoor, Liz Essley Whyte, and Joe Yerardi for Center for Public Integrity Elections National: “For Women on the 2018 Campaign Trail, ‘Sexism’ Is No Longer a […]

September 24, 2018 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance National: Political Nonprofits Seek Answers After Court Decision Targeting ‘Dark Money’ by Michelle Ye Hee Lee for Washington Post Ethics National: Senate Judiciary Panel’s Top Democrat Calls for Delay in Kavanaugh Hearing After New Allegation by Karoun Demirjian, […]

September 21, 2018 • Written by Jonathan Spontarelli

News You Can Use – September 21, 2018

National: These State Lawmakers Are Running Unopposed, but Still Rake in Campaign Cash Center for Public Integrity – Sanya Mansoor, Liz Essley Whyte, and Joe Yerardi | Published: 9/19/2018 There are at least 26 legislative leaders in statehouses across America […]

National:

These State Lawmakers Are Running Unopposed, but Still Rake in Campaign Cash
Center for Public Integrity – Sanya Mansoor, Liz Essley Whyte, and Joe Yerardi | Published: 9/19/2018

There are at least 26 legislative leaders in statehouses across America who are collecting campaign donations despite running unopposed this year. The safe lawmakers represent an attractive prospect for lobbyists and power-seekers: the sure bet. Contributions to these influential politicians can buy face time and favor with those who set state legislative agendas, experts say. The money also compounds their power. Legislative leaders use their accounts to buy presents to thank supporters, for example, or give to fellow lawmakers’ campaigns to reward them for voting with their party.

Federal:

Foreign Lobbying Overhaul Loses Steam in Congress
Politico – Marianne Levine and Josh Gerstein | Published: 9/17/2018

Amid partisan clashes and pushback from foreign-owned companies, the push to strengthen the Foreign Agents Registration Act (FARA) appears to be going nowhere as multiple bills have stalled. Foreign companies with American subsidiaries feared the changes would force their lobbyists to register as foreign agents, which would require them to disclose every meeting and phone call they made on behalf of overseas clients rather than under the less-restrictive disclosure rules for domestic lobbyists. “There’s these very fierce efforts to maintain the status quo,” said U.S. Rep. Mike Johnson, one of the lawmakers pushing to overhaul FARA.

Manafort Plea Deal Casts New Scrutiny on Lobbyists He Recruited
WRAL – Kenneth Vogel (New York Times) | Published: 9/14/2018

Paul Manafort recruited the Podesta Group and Mercury Public Affairs to aide a pro-Russian nonprofit in Ukraine, an arrangement intended to obscure the identity of the ultimate beneficiary of the lobbying, Ukrainian President Viktor Yanukovych. Relying on the word of the Ukrainian group, the firms initially registered their representation under congressional lobbying disclosure rules. Now, that work, and the decision not to disclose it under the Foreign Agents Registration Act, has turned the Podesta Group and Mercury, along with Skadden, Arps, Slate, Meagher & Flom, into subjects of interest in a series of probes. The new evidence was included in updated charges filed against Manafort in connection with his guilty plea. The evidence Robert Mueller’s team unveiled could help prosecutors in New York build cases against the firms.

Political Nonprofits Must Now Name Many of Their Donors Under Federal Court Ruling after Supreme Court Declines to Intervene
Chicago Tribune – Michelle Ye Hee Lee and Robert Barnes (Washington Post) | Published: 9/18/2018

The U.S. Supreme Court denied a request from a conservative political group to temporarily block a lower court ruling which would force it to disclose its donors. The request for a stay had initially been entered by Chief Justice John Roberts after Crossroads GPS disputed an earlier ruling that invalidated an FEC regulation allowing donors to remain anonymous. In the order from the full court, the justices refused to further delay the U.S. District Court for the District of Columbia’s decision to invalidate the regulation. The original decision required “dark-money” groups that spend at least $250 in independent expenditures to report every donor who gave at least $200 in the past year.

Senate Candidates to Start Electronically Filing Campaign Finance Reports, Pending President Approval
Center for Responsive Politics – Kaitlin Washburn | Published: 9/19/2018

Federal lawmakers passed a bill that would require U.S. Senate candidates to file their campaign finance disclosures directly to the FEC, rather than on paper with the secretary of the Senate. The provision is part of a larger appropriations bill that now awaits President Trump’s signature. House of Representatives and presidential candidates have been electronically filing their disclosure reports since 2001. The Center for Public Integrity found numerous mistakes produced by the Senate’s archaic system. The investigation found errors in more than 5,900 candidate disclosures and were all traced back to the conversion of paper filings to electronic data.

Ted Cruz’s Campaign Marked a Fund-Raising Letter an Official ‘Summons.’ It Wasn’t Against the Rules.
WRAL – Liam Stack (New York Times) | Published: 9/17/2018

The FEC said U.S. Sen. Ted Cruz’s re-election campaign did not violate any regulations when it sent out a fundraising letter designed to look like a legal summons. “SUMMONS ENCLOSED –OPEN IMMEDIATELY,” is written across the front in capital letters. The envelope does state the letter is from a campaign and includes a return address for the Cruz campaign’s Houston post office box. FEC spokesperson Myles Martin said the relevant question was whether a mailing contains a disclaimer saying it came from a political campaign. Aside from that, Martin said, “the FEC’s regulations don’t speak to how candidates may choose to word particular solicitations to potential contributors.” Cruz is locked in an unexpectedly tight race against U.S. Rep. Beto O’Rourke.

From the States and Municipalities:

Georgia: Court Declines to End Paperless Voting in Georgia Before Midterms
Politico – Eric Geller | Published: 9/18/2018

U.S. District Court Judge Amy Totenberg ruled Georgia need not replace paperless voting machines before the midterm elections, dealing a blow to security activists even as the judge acknowledged the machines are not secure and continuing to use them may infringe on voters’ constitutional right to a free and fair election. Switching to paper at this late date, state and county officials argued, would throw the election into chaos and cause voter confusion. The case will now proceed and deal with the plaintiffs’ constitutional arguments, and Totenberg warned Secretary of State Brian Kemp that his concerns about a chaotic election s will “hold much less sway in the future.”

Illinois: U.S. Appeals Court Upholds Illinois Campaign Finance Limits
State Journal-Register (Associated Press) | Published: 9/13/2018

A federal appeals court upheld Illinois’ campaign contribution limits. The Seventh Circuit U.S. Court of Appeals ruled the caps set in a 2009 law do not violate First Amendment free-speech rights. Illinois Liberty PAC had argued limits on individuals’ contributions should not be lower than those for corporations or unions.

Missouri: In Latest Legal Twist, Ethics Reform Question Back on Missouri Ballot
St. Louis Post-Dispatch – Kurt Erickson | Published: 9/18/2018

A state appeals court put an ethics reform package back on the November ballot. The Missouri Western District Court of Appeals ruled that Amendment 1 can stay on the ballot pending future court decisions. The referendum asks whether voters want to tighten campaign contribution limits, ban lobbyist gifts, institute a two-year waiting period for lawmakers-turned-lobbyists, start a new redistricting system in 2020, and require lawmakers to adhere to the Sunshine Law.

Nevada: Las Vegas Judge Nullifies Results of Republican Election
Las Vegas Review-Journal – Ramona Giwargis | Published: 9/18/2018

Jason Burke defeated Mack Miller by 122 votes in the June 12 primary for a seat in the Nevada Assembly, but Clark County District Judge Jim Crockett signed an order that nullified the election, saying Burke did not file campaign finance reports on time. State law states an election may be contested if the winner was not eligible for office, illegal votes were cast, or valid votes were not counted. The secretary of state’s office said the failure to file campaign finance reports is not an automatic disqualifier.

New York: Watchdog’s Bark Silent for Cuomo
WRAL – Chris Bragg (Albany Times Union) | Published: 9/18/2018

When a sworn complaint is filed with New York Joint Commission on Public Ethics (JCOPE), the law requires the agency to send any subject of such an ethics complaint a letter outlining possible legal violations and giving them 15 days to respond. Sworn complaints have been submitted requesting that JCOPE launch investigations Joseph Percoco’s possible use of government resources while he was managing Gov. Andrew Cuomo’s 2014 campaign, as well as the governor’s potential knowledge of those activities. But the Cuomo administration and campaign have not received a 15-day letter from JCOPE. David Grandeau, the state’s former top lobbying official, said that means there is “now no doubt that JCOPE is not following the law.”

Pennsylvania: Pennsylvania’s Ban on Gambling Contributions Struck Down
PennLive.com – Marc Levy (Associated Press) | Published: 9/19/2018

U.S. District Court Judge Sylvia Rambo overturned Pennsylvania’s ban on political contributions from people involved in the gaming industry, ruling the law aimed at curbing the influence of casino interests was too broad. But the judge did not close the door on lawmakers reviving a similar prohibition that is narrower in scope and tailored to the purpose of fighting corruption. The U.S. Supreme Court, Rambo wrote, has ruled that preventing corruption, or the appearance of corruption, is the only appropriate reason to justify restrictions on political donations. The Pennsylvania Supreme Court threw out the ban in 2009, which initially outlawed large campaign contributions from key parties in the gaming industry. Lawmakers responded by banning all donations.

September 20, 2018 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance National: “These State Lawmakers Are Running Unopposed, but Still Rake in Campaign Cash” by Sanya Mansoor, Liz Essley Whyte, and Joe Yerardi for Center for Public Integrity National: “Political Nonprofits Must Now Name Many of Their Donors Under […]

September 19, 2018 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “Ted Cruz’s Campaign Marked a Fund-Raising Letter an Official ‘Summons.’ It Wasn’t Against the Rules.” by Liam Stack (New York Times) for WRAL Elections National: “Indicted Congressman Chris Collins Reverses Himself, Will Remain on November Ballot” by […]

September 18, 2018 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance Canada: “Federal Liberals Violated Own Fundraising Rules” by Bill Curry and Tom Cardoso for The Globe and Mail Hawaii: “Following Campaign Cash in Hawaii Just Got Easier” by Nathan Eagle for Honolulu Civil Beat Illinois: “U.S. Appeals Court […]

September 17, 2018 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance National: Chief Justice Roberts Halts Campaign Finance Ruling by Quint Forgey and Josh Gerstein for Politico Elections Arizona: Forged Voter Signatures Could Cost Former State Senate Candidate Mark Syms $50,000 by Dustin Gardiner Arizona Republic Ethics National: California […]

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