South Dakota voters did not pass a constitutional amendment to create a campaign finance and government accountability board but passed a measure to ban out of state donations on ballot questions.

Amendment W would have had the power to regulate campaign finance and lobbying laws and create a government accountability board. The measure failed by a margin of 45 percent in favor with 55 percent against.

Initiated Measure 24 bans out of state campaign donations for ballot question committees by nonresidents, out of state political committees and other groups not filed with the Secretary of State. The measure passed by a margin of 56 percent in favor and 44 percent against.

South Dakota Attorney General Marty Jackley predicts that passage of Initiated Measure 24 may be challenged as an unconstitutional violation of free speech and ultimately a financial burden to tax payers.

Colorado voters defeated Amendment 75, keeping campaign spending limits in place.

Amendment 75 would have allowed candidates to accept five times the level of individual contributions to their campaign as is normally allowed ($1,150 for statewide offices and $400 for local races) if another candidate submitted $1 million or more to his or her own campaign or to a third-party committee.

Only about 33 percent of voters supported the measure. The amendment needed 55 percent of votes to pass.

On Election Day, Massachusetts voters passed Question 2, paving the way for campaign finance reform.

The ballot measure establishes a citizen commission tasked with producing a report on the state of political spending in the Massachusetts and promoting an amendment to the United States Constitution. The commission would also report on whether the state can legally limit corporate contributions.

Proponents of the ballot question hope it will help in overturning the 2010 decision in Citizens United, while those against it argued the measure was a protest vote and created a new governmental body solely for symbolic gesture.

The measure passed 71.3 percent to 28.69 percent, with 81.8 percent of precincts reporting.

Campaign Finance

Federal: “House Dem Candidates Snag Free Office Rent” by Scott Bland for Politico

Canada: “Alberta Tables Bill Proposing Changes to Municipal Elections” by Charles Lefebvre for Chat News Today

Alaska: “As Alaska’s Elections Come Down to Wire, Ads Test Limits of Campaign Finance Laws” by Zachariah Hughes for Alaska Public Media

Elections

National: “Forget the Russians. On This Election Day, It’s Americans Peddling Disinformation and Hate Speech.” by Craig Timnberg and Tony Romm for Washington Post

Florida: “Before Going to Prison, Former Opa-locka Commissioner Worked on Political Campaigns” by Jay Weaver and Maya Kaufman for Miami Herald

Ethics

Federal: “Newly Released Emails Suggest Zinke Contradicted Ethics Pledge” by Juliet Eilperin (Washington Post) for MSN

Federal: “China Greenlights Large Batch of Ivanka Trump Trademark Applications” by Gary Shih for Washington Post

Lobbying

National: “Industries Turn Freedom of Information Requests on Their Critics” by Elizabeth Williamson for WRAL

Ethics

National: “Far-Right Internet Groups Listen for Trump’s Approval, and Often Hear It” by Kevin Roose and Ali Winston for MSN

National: “Supreme Court Allows Trial on Census Citizenship Question to Go Forward” by Robert Barnes (Washington Post) for Chicago Tribune

National: “Next-in-Line Mueller Supervisor Got White House Ethics Waiver in April” by Darren Samuelsohn for Politico

National: “Judge Denies Trump Request to Stay Emoluments Suit, Could Allow Plaintiffs to Seek Details on Hotel’s Foreign Customers” by Jonathan O’Connell, Anne Marimow, and David Fahrenthold (Washington Post) for Chicago Tribune

Missouri: “As Sanders Heads to Prison, a Political Rival Files Suit Accusing Him of Dirty Tricks” by Mike Hendricks for Kansas City Star

Legislative Issues

National: “Laws and Disorder” by Paul Kane (Washington Post) and Derek Willis for ProPublica

Lobbying

National: “Lobbyists Hit Campaign Trail to Help Old Bosses, Earn ‘a Little Bit of Currency’” by Theodoric Meyer for Politico

National: “Almost Two Years into Trump Presidency, Pentagon’s Revolving Door Still Spins” by Aaron Gregg for Washington Post

Campaign Finance

Federal: “Anyone Can Make a Super PAC – Even Prisoners and Kids Who Can’t Vote” by Kaitlin Washburn for Center for Responsive Politics

Elections

Federal: “In Email to Trump’s Campaign Strategist, Roger Stone Implied He Knew of WikiLeaks’s Plans” by Sharon LaFraniere, Michael Schmidt, Maggie Haberman, and Danny Hakim (New York Times) for MSN

Ethics

Connecticut: “Judge Rules UConn Did Not Violate Ethics Law in Hiring Football Coach Randy Edsall’s Son” by Dave Altimeri for Hartford Courant

Nebraska: “UNL Professor Files Ethics Complaint, Alleging Fortenberry’s Chief of Staff Threatened Him Over Facebook Post” by Joseph Morton for Omaha World-Herald

Lobbying

Canada: “Senators Are Being Lobbied More Than Ever – And Some Are Feeling Overwhelmed” by John Paul Tasker for CBC

New York: “Lobbyist Arrested, Accused of Bribing State Legislator” by Gary Craig for Rochester Democrat and Chronicle

The city of Long Beach, California has a measure to amend the city’s charter on Tuesday’s ballot.

Measure CCC seeks to create an independent ethics commission charged with administering and implementing rules concerning campaign finance, lobbying, conflicts of interest and governmental ethics.

Critics of the measure argue that the mayor and auditor’s appointment privilege signifies that the commission would not be sufficiently independent.

Got a minute?! (and a 1/2) Here are four stories from this week in campaign finance and advocacy that you don’t want to miss.

Earlier this year, the New Hampshire Attorney General Gordon MacDonald issued a letter to the Office of Secretary of State advising on his interpretation of some aspects of the state’s campaign finance laws.

Most notably, a footnote in the letter indicated MacDonald could require corporations making contributions in the state to register and report as political committees.

Under current state law, political committee registration is required for organizations making expenditures of $5,000 or more annually, even if the organization does not have as its major purpose to promote the success or defeat of candidates or measures. This regulation has been in place for several years during which corporate registration has not been the practice.

There is an exception to registration for organizations registered as business entities, but additional guidance on who qualifies as a business entity has not yet been made available.

Though there has been no change in the law to trigger a change in enforcement, MacDonald has indicated he is ramping up enforcement of campaign finance violations.

National:

‘My Comrades Will Kill You’: Pipe bombs sent in year of many death threats against politicians
Governing – Alan Greenblatt | Published: 10/25/2018

Political violence has dominated the news recently, with pipe bombs mailed to CNN’s New York office and prominent Democrats, as well as liberal donor George Soros and actor Robert De Niro. Threats of violence have become commonplace in American politics. New Jersey Rep. Jay Webber, a Republican candidate for Congress, received a note calling him a liar and a “scumbag” and threatening him and his children. “You BETTER hope that you don’t win! Or else,” the note read. “How many kids do you have…7? Unlucky 7. This is what we think of you. Time to get out of politics!” In a year when record numbers of women are running for office, many have been harassed or become targets of sexist or threatening remarks.

Voters Could Clamp Down on Ethics, Campaign Finance at The Ballot Box
National Public Radio – Peter Overby | Published: 10/30/2018

Voters in more than a dozen states will consider ballot measures on November 6 that would affect ethics and campaign finance reform. Some of the initiatives would exceed federal standards, which have been steadily relaxed by the U.S. Supreme Court. Congress last passed a major campaign finance bill in 2001. “It’s telling that we have so many challengers for Congress that are running on this issue,” said Larry Norden of New York University’s Brennan Center for Justice. “But to get real change now, the only way to do that is at the local and the state level.”

Federal:

How ActBlue Is Trying to Turn Small Donations into a Blue Wave
Center for Public Integrity – Carrie Levine and Chris Zubak-Skees | Published: 10/25/2018

ActBlue, a nonprofit whose online fundraising tools have been used to varying degrees by nearly every Democrat running for Congress, says it has raised more than $2.9 billion for Democrats and progressive organizations since its founding in 2004. September 2018 was the biggest month in its history. Donors are using the platform to reshape the map of competitive races this year, becoming a powerful force that could sway Democratic politics beyond November’s election.

Mueller Refers Sex Misconduct Scheme Targeting Him to FBI for Investigation
NBC News – Brandy Zadrozny, Ben Collins, and Tom Winter | Published: 10/30/2018

Special counsel Robert Mueller has asked the FBI to investigate an alleged scheme to manufacture sexual assault stories about him. At issue is an email widely circulated among journalists from someone who claimed she had been approached with an offer to pay her tens of thousands of dollars if she would answer questions about Mueller and then sign a sworn affidavit accusing him of sexual misconduct and workplace harassment. The plot appeared to be the latest, and one of the more bizarre, in a string of attempts by supporters of President Trump to discredit Mueller’s investigation as a hoax and a witch hunt.

From the States and Municipalities:

Alaska: Begich Spent Four Years as a Consultant. As Governor, He Could Sign Bills Affecting Former Clients.
KTOO – Nathaniel Herz | Published: 10/30/2018

For nearly four years, Mark Begich has owned a public affairs and consulting firm, Northern Compass Group, which has worked with clients that intersect with both state and federal government. If Begich is elected as Alaska’s governor on November 6, he will likely be faced with decisions that will directly affect the businesses, unions, and Native organizations that have been paying his business for advice. Alaska politicians often emerge from the worlds of public policy and business, and Begich is far from the first with potential for conflicts. Begich’s work is significant, though, because of the number of clients he has had, as well as the recentness of his work, said state Rep. Jason Grenn, who helped lead a successful push for legislative ethics reforms this year.

Arizona: Arizona Commissioner Andy Tobin Texted APS Lobbyists Frequently, Including About Open Rate Case
Energy Policy Institute – David Pomerantz | Published: 10/29/2018

Arizona Corporation Commission (ACC) member Andy Tobin exchanged text messages throughout 2018 with lobbyists from Arizona Public Service (APS), often to complain about negative media coverage of APS’ rate increase requests before the commission. On one occasion, Tobin asked an APS lobbyist whether the utility had a “public information strategy planned” to combat negative media coverage of a rate increase request while the case was still pending before Tobin and the commission. The ACC, which is supposed to regulate APS in the public’s interest, has been embattled by scandals for the past four years, ever since two non-profit “dark money” organizations spent $3 million on the ACC elections in 2014. APS never confirmed nor denied being the source of that money.

Maine: Pro-Offshore Oil Group Chaired by LePage Is Run by Energy Lobbyists
Biddeford Journal Tribune – Colin Woodward (Portland Press Herald) | Published: 10/28/2018

A coalition of governors headed by Maine Gov. Paul LePage that seeks to open most federal waters to oil and gas exploration is staffed by employees of an oil industry lobbying firm. The Outer Continental Shelf Governors Coalition, which LePage joined in 2015 and has chaired for the past two years, outsources its day-to-day staffing, research, and communications tasks to an advocacy group purporting to represent energy consumers. But a closer look at the group, the Consumer Energy Alliance, reveals it is funded by energy producers and staffed and run by senior officials of HBW Resources, an energy-focused lobbying and consulting firm.

Maryland: Question G Would Undercut Independence of Baltimore Ethics Board, Chairwoman Says
Baltimore Brew – Mark Ruettner | Published: 10/31/2018

Question G on the November ballot in Baltimore would tether the director of Legislative Reference to the mayor and city council president. The director of Legislative Reference is also the chief advisor to the city Board of Ethics. By making the director an “at will” employee of Mayor Catherine Pugh and Council President Bernard Young, as Question G does, that same employee is placed in a very awkward position on the ethics board. “Our director may be faced with having to handle an ethics complaint against one of the two people who appointed him,” said board Chairperson Linda Pierson.

Montana: How Big Sky Country Became the Front Line in a Long Battle Over Dark Money
Yahoo! News – Christa Case Bryant | Published: 10/29/2018

Two women are central figures in a fight in Montana over money in politics, one that may well set the tone for the rest of the nation. Jamie MacNaughton is the sole lawyer at the office of the Commissioner of Political Practices, which is tasked with enforcing Montana’s strict campaign finance laws. She is helping to prepare two cases under consideration by the U.S. Supreme Court. Anita Milanovich serves as the Montana outpost for the Bopp Law Firm, which is led by the preeminent lawyer fighting campaign finance regulations across the country. Now the firm is pursuing the legal cases against MacNaughton’s office.

Oklahoma: Legislators Act As ‘Super Donors,’ Sending Their Own Donors’ Cash to Other Candidates
KGOU – Trevor Brown (Oklahoma Watch) | Published: 10/30/2018

A review of contributions in Oklahoma found sitting lawmakers and legislative candidates’ campaigns have given more than $746,000 to other legislative candidates since January 1, 2016. About 75 percent of the money came from about a dozen Republican and Democratic legislators, almost all of whom hold or have held leadership positions. The sharing of contributions means these lawmakers act as de facto “super donors,” or at least bundlers, who dole out thousands of dollars to candidates running in a wide range of races. The large amounts of circulating cash have raised concerns at the Oklahoma Ethics Commission, which is examining a possible rule change, still being drafted, that would block candidates from transferring campaign funds to other candidates.

Pennsylvania: State Rep. Vanessa Brown Guilty on All Counts; Took $4,000 Bribe in Sting
Philadelphia Inquirer – Craig McCoy | Published: 10/31/2018

A jury convicted Pennsylvania Rep. Vanessa Lowery Brown of charges she accepted $4,000 in cash from an undercover informant. Brown was the last defendant in an ambitious and controversial sting investigation launched by state prosecutors nearly a decade ago but secretly ended by then-state Attorney General Kathleen Kane. The guilty verdict represented the most dramatic repudiation yet of Kane’s criticism of the sting, which she had contended could not produce winnable cases in court. Under the law, Brown, who is running unopposed in the November 6 election, will also be barred from her House post upon her sentencing.

South Carolina: SC Rep. Harrison Found Guilty in Public Corruption Case, Gets Prison Sentence
Greenville News – John Monk (The State) | Published: 10/27/2018

A jury found former South Carolina Rep. Jim Harrison guilty of perjury and misconduct in office, marking the fifth conviction of a legislator in the past four years and capping off the first trial to come out of the high-profile probe into corruption in the statehouse. Prosecutors accused Harrison of secretly profiting from an influential consulting firm that pleaded guilty to illegal lobbying earlier this year. That firm, Richard Quinn & Associates, has been at the center of the five-year corruption investigation because of its once sprawling network of lawmakers, lobbying interests, and corporate clients. Harrison, the former chairperson of the House Judiciary Committee, was sentenced to 18 months in prison.

West Virginia: For a Groundbreaking Candidate in West Virginia, Big Money and Attention Come with Downsides
Washington Post – Greg Jaffe | Published: 11/1/2018

Back when his campaign had raised just $7,000, when just about anyone who knew anything about politics gave him zero chance of winning, West Virginia Sen. Richard Ojeda decided to make a campaign video for his run for Congress. The pivotal moment for Ojeda came near the end of the shoot when he gave out his personal cell phone number. Ten months later, Ojeda was driving past burned-out houses and abandoned storefronts in the coal town where he had spent his childhood and still lived. The polls had him neck and neck with his Republican opponent. It was 21 days until the election and his cellphone was now ringing 100 times a day with calls from all over the United States and the world. At a moment in American politics when authenticity is everything, Ojeda is being hailed as an unpolished, authentic voice.

Wisconsin: Last-Minute Surprises and Secretive Moves Hide Wisconsin Lawmakers’ Actions from Public View
Wisconsin Public Radio – CV Vitolo-Haddad and Dee Hall (Wisconsin Center For Investigative Journalism) | Published: 10/29/2018

Since voters swept Republicans into power in 2010, Wisconsin lawmakers have increasingly used secretive maneuvers to keep the public in the dark about major spending and policy changes. An investigation found the Legislature systematically diminishes the voices of the public by Introducing budget amendments at the end of the approval process with no public notice or debate; approving anonymous, last-minute budget motions containing changes, including major policy items that have nothing to do with state spending; and altering the scope and impact of a bill after its public hearing has been held, which excludes citizens from having influence on legislation before it is enacted. When Democrats controlled the Legislature and governor’s office they played that game, too, notably with their own end-of-the-session wrap-up budget bills of anonymously authored items.

Campaign Finance

Federal: “Purina Drops Campaign Contributions to Steve King, Citing ‘Recent Statements’” by Michael Burke for The Hill

Canada: “Province Moves to Ban Big Money from Recall Campaigns” by Rattan Mall for Voiceonline.com

Elections

Federal: “Mueller Probes Roger Stone’s Interactions with Trump Campaign and Timing of WikiLeaks Release of Podesta Emails” by Robert Costa, Carol Leonnig, Rosalind Helderman, and Manuel Roig-Franzia (Washington Post) for Stamford Advocate

Ethics

Federal: “Zinke’s Own Agency Watchdog Just Referred Him to the Justice Department” by Juliet Eilperin and Josh Dawsey (Washington Post) for Seattle Times

Federal: “Mueller Refers Sex Misconduct Scheme Targeting Him to FBI for Investigation” by Brandy Zadrozny, Ben Collins, and Tom Winter for NBC News

National: “Voters Could Clamp Down on Ethics, Campaign Finance at The Ballot Box” by Peter Overby for National Public Radio

Alaska: “Begich Spent Four Years as a Consultant. As Governor, He Could Sign Bills Affecting Former Clients.” by Nathaniel Herz for KTOO

Florida: “Sex for Speed Bumps: Ethics panel finds probable cause that Florida mayor misused his position” by Antonia Noori Farzan for Washington Post

Maryland: “Question G Would Undercut Independence of Baltimore Ethics Board, Chairwoman Says” by Mark Ruettner for Baltimore Brew

Pennsylvania: “State Rep. Vanessa Brown Guilty on All Counts; Took $4,000 Bribe in Sting” by Craig McCoy for Philadelphia Inquirer

Campaign Finance

National: “Female Candidates Break Barriers, Except When It Comes to Money” by Kate Zernike (New York Times) for WRAL

Oklahoma: “Legislators Act As ‘Super Donors,’ Sending Their Own Donors’ Cash to Other Candidates” by Trevor Brown (Oklahoma Watch) for KGOU

Elections

National: “2 State Ballots with Felons’ Rights, 2 Different Directions” by J. Brian Charles for Governing

National: “Paper Is Big Again, at Least for Elections. These States Don’t Have It” by Gopal Ratnam for Roll Call

Maryland: “Maryland Voters to Decide Whether to Adopt Election Day Registration” by Rachel Chason for Washington Post

Ethics

New Jersey: “Phil Murphy Investigation: NJ lawmakers get subpoena power after sex assault claims” by Nicholas Pugliese for Bergen Record

Lobbying

National: “A Donald Trump Appointee – Also a Saudi Government Lobbyist – Is Reassessing His Roles” by Sarah Kleiner and Lateshia Beachum for Center for Public Integrity

Canada: “Province Tables Amendments to Lobbyist Legislation” by Rattan Mall for Voiceonline.com

The Washington D.C. Council Committee on the Judiciary and Public Safety unanimously passed a bill that aims to restrict political contributions by government contractors doing business with the district.

The bill also addresses improper coordination between campaigns, political action committees and independent expenditure committees.

The pay-to-play component of the bill would ban campaign contributions by businesses seeking contracts of $250,000 or more.

If passed by the full council, the bill is subject to appropriation and, if funded, would take effect on October 1, 2019.

Pay-to-play provisions would take effect after the November 2020 general election.

Campaign Finance

Kentucky: “Kentucky Officials Seek Changes in Campaign-Finance Laws” by Adam Beam (Associated Press) for Huntington Herald-Dispatch

Montana: “How Big Sky Country Became the Front Line in a Long Battle Over Dark Money” by Christa Case Bryant for Yahoo!News

New Jersey: “Baraka, Ex-Campaign Treasurer Still Face Campaign Finance Accusations” by Rebecca Panico for TAPinto.net

Elections

National: “‘Staying on the Sidelines Is No Longer an Option’: How Silicon Valley is trying to help Democrats capture Congress in 2018” by Tony Romm for Washington Post

Ethics

Florida: “Former City Manager Rick Fernandez Agrees to Settlement with Ethics Commission” by Jeff Burlew for Tallahassee Democrat

Legislative Issues

Wisconsin: “Last-Minute Surprises and Secretive Moves Hide Wisconsin Lawmakers’ Actions from Public View” by CV Vitolo-Haddad and Dee Hall (Wisconsin Center For Investigative Journalism) for Wisconsin Public Radio

Lobbying

Arizona: “Arizona Commissioner Andy Tobin Texted APS Lobbyists Frequently, Including About Open Rate Case” by David Pomerantz for Energy Policy Institute

Redistricting

Michigan: “Volunteer Movement Helped Carry Redistricting Proposal to the Ballot” by Lauren Gibbons for MLive.com