National:

How Donald Trump Shifted Kids-Cancer Charity Money into His Business
Forbes – Dan Alexander | Published: 6/6/2017

The Eric Trump Foundation apparently paid President Donald Trump’s businesses $1.2 million between 2007 and 2015 for expenses related to the foundation’s annual charity event at the Trump National Golf Club in Westchester County, New York, according to a report in Forbes. Eric Trump said the Trump Organization allowed his nonprofit foundation to use the golf course for free and covered most expenses for the golf tournament. But Forbes found IRS filings indicate otherwise. Forbes reported the Trump National Golf Club charged the Eric Trump Foundation tens, and later hundreds, of thousands of dollars each year for the one-day event, while donors were led to believe a much bigger portion of their money would go directly to the fundraiser’s chosen cause, children’s cancer research.

Federal:

James Comey Testifies: Former FBI director says he helped reveal details of conversations with Trump
Washington Post – Devlin Barrett and Ellen Nakashima | Published: 6/8/2017

Former FBI Director James Comey asserted that President Donald Trump fired him to interfere with his investigation of Russia’s role in the 2016 election and its ties to the Trump campaign. Comey accused the administration of spreading “lies, plain and simple” about him and the FBI in the aftermath of his abrupt firing. Comey also described intense discomfort about one-on-one conversations between him and the president, saying he decided he immediately needed to document the discussions in memos. Comey said he helped reveal details of his private conversations with Trump because he thought doing so would spur the appointment of a special counsel to investigate the administration.

Lobbyists, Industry Lawyers Were Granted Ethics Waivers to Work in Trump Administration
New York Times – Eric Lipton and Danielle Ivory | Published: 6/7/2017

New disclosures offer additional evidence that lobbyists and industry executives who can now shape policies benefitting their former clients and companies have been allowed to work in the Trump administration. The documents were released in response to a demand by the Office of Government Ethics (OGE) for details on how the Trump administration is enforcing the ethics policies. One unexpected outcome was proof the Obama administration, despite a much touted promise to make all of its ethics waivers public, stopped providing them to the OGE. The “revolving door” cases in the Trump administration generally involve individuals who had been retained by for-profit clients, and then took up matters that could benefit these former clients.

Top Intelligence Official Told Associates Trump Asked Him If He Could Intervene with Comey on FBI Russia Probe
Washington Post – Adam Entous | Published: 6/6/2017

The nation’s top intelligence official told associates in March that President Trump asked him if he could intervene with then-FBI Director James Comey to get the bureau to back off its focus on former national security adviser Michael Flynn in its Russia probe. The events involving Director of National Intelligence Daniel Coats show the president went further than just asking intelligence officials to deny publicly the existence of any evidence showing collusion during the 2016 election, as The Washington Post reported in May. The interaction with Coats indicates Trump aimed to enlist top officials to have Comey curtail the FBI’s probe.

From the States and Municipalities:

Alabama – Ethics Commission Declines to Make Site Consultants Register as Lobbyists
AL.com – Mike Cason | Published: 6/7/2017

The Alabama Ethics Commission rejected its staff’s opinion that site consultants for companies considering moving to the state are required under certain circumstances to register as lobbyists under the ethics law. Staff members said the companies who hire the consultants to scout locations and incentive opportunities from local governments would have to register as principals. The commission declined to vote on the recommendation after economic development officials said would hurt their recruiting efforts because companies place a high value on confidentiality when they are considering a new location.

Arizona – Corruption Case Snares Lobbyist at the Center of Arizona Power Politics
Arizona Republic – Yvonne Wingett Sanchez and Dan Nowicki | Published: 5/26/2017

Among the individuals named in a federal indictment was one who has touched almost every corner of Arizona power politics: lobbyist Jim Norton. A familiar figure for years at the Capitol, Norton was among Gov. Doug Ducey’s earliest political backers and a friend since college. His firm helped guide U.S. Rep. Andy Biggs to victory last November. He is also the business community’s leading voice at the statehouse. Prosecutors say Norton was “a conduit” for bribes that water-company owner George Johnson is accused of paying to former Arizona Corporation Commission Chairperson Gary Pierce. Authorities allege the money helped secure commission approval of higher rates for Johnson Utilities.

District of Columbia – D.C. Mayor Bowser Fined $13,000 for Illegal Campaign Contributions
Washington Post – Aaron Davis | Published: 6/7/2017

District of Columbia Mayor Muriel Bowser’s campaign committee was fined $13,000 for taking campaign donations over legal limits during her successful run for office three years ago. Bowser’s campaign kept over $11,000 in illegal contributions from 13 developers, contractors, and Sanford Capital, a landlord her administration has since been slow to fine for more than 1,000 housing-code violations. Some of the developers who contributed more than the legal limit to Bowser in 2014 were the same ones who went on to donate to a PAC that Bowser’s allies set up but later abandoned during her first year in office amid criticism from city council members that it was creating a perception of “pay-to-play” politics.

Florida – Someone Raised $200K from Miami Beach Bigwigs, But No One Will Say Why
Miami Herald – Nicholas Nehamas and Joey Flechas | Published: 6/5/2017

Miami Beach Commissioner Michael Grieco says he does not know a thing about a mysterious South Florida group that raised $200,000 from city bigwigs last year. But interviews with two of those donors suggest the PAC is raising money in his name, and that Grieco, who is running for mayor, solicited at least one contribution. Miami Beach lobbyists, vendors, and real-estate developers all appear on the list of donors to People for Better Leaders, exactly the type of power players whose contributions led to a public outcry during the last election cycle and, ultimately, to stricter campaign finance laws.

Kentucky – Judge Tosses Ethics Rules for Kentucky Lobbyists, Lawmakers
U.S. News & World Report – Adam Beam (Associated Press) | Published: 6/7/2017

A federal judge ruled Kentucky lawmakers can accept gifts from lobbyists and that lobbyists can make campaign contributions to candidates for the Legislature. The state law banning lobbyists giving gifts to lawmakers includes “anything of value,” which U.S. District Court Judge William Bertelsman said was too vague. State regulators said the laws were meant to prevent bribery at the Capitol. Most of the rules were enacted after “Operation BOPTROT,” a 1992 FBI probe that exposed 15 current or former legislators who sold their votes. Officials with the Legislative Ethics Commission and the Registry of Election Finance said they were reviewing the order and were considering an appeal.

Missouri – What You Need to Know about Missouri’s Evolving Campaign Finance Laws
Missouri Times – Travis Zimpfer | Published: 6/6/2017

On June 20, Missouri’s campaign finance laws will once again experience changes for the second time in roughly six months. The Missouri Ethics Commission updated their own primer on the constitutional amendment and how a recent decision by a federal judge that found many provisions of the law unconstitutional affected it. Commission Director James Klahr issued an advisory opinion that political party committees in the House and Senate are not bound to the $25,000 aggregate limit in accordance with the ruling.

North Carolina – US Supreme Court Affirms NC Legislative Districts as Racial Gerrymanders
Raleigh News and Observer – Anne Blythe | Published: 6/5/2017

The U.S. Supreme Court upheld a lower court ruling that struck down 28 state House and Senate districts in North Carolina because they violated the rights of black voters. But the justices rejected the court’s order to redraw the districts and hold a special election. The action by the justices sends the matter back to the lower court, which could order new districts in time for the regular cycle of elections in 2018.

Pennsylvania – A Philly Teacher’s Stunts Draw Interest from The Board of Ethics
Philadelphia Inquirer – Chris Brennan | Published: 6/5/2017

It looks as if George Bezanis, a Central High School social studies teacher who has used a billboard and a banner plane to protest the lack of a new union contract for the Philadelphia Federation of Teachers, will be butting heads with the city Board of Ethics. An attorney for the ethics board told Beznis the billboard and banner plane were “reportable lobbying under the city’s lobbying law.” Bezanis needed to register as a lobbyist, the attorney said in the message, or face a financial penalty.

South Carolina – Firms Named in SC Corruption Probe Have Hundreds of Millions at Stake
The State – Jamie Self and Avery Wilks | Published: 6/4/2017

South Carolina’s largest special interests know the time they spend working the state’s lawmakers at the Capitol is well spent. But was the help they got from one of the state’s most influential political families legal? Indicted Rep. Rick Quinn, whose father operates a political consulting empire, stands accused of voting and lobbying in the Legislature on behalf of special interests that, prosecutors allege, paid him through his direct-mail business and his father’s firm. He also is charged with failing to disclose accepting nearly $4.6 million he received from special interests that lobby the Legislature.  The companies that Quinn is charged with illegally helping are big fish in the pool of special interests vying for influence in Columbia.

Tennessee – Record $465,000 Fine Issued Against Jeremy Durham for ‘Egregious’ Campaign Finance Violations
The Tennessean – Dave Boucher and Joel Ebert | Published: 6/7/2017

The Tennessee Registry of Election Finance levied the largest fine it has ever imposed against former state Rep. Jeremy Durham for hundreds of campaign finance law violations. Among the findings in an audit were allegations Durham used campaign funds to improperly buy sunglasses, suits, and spa products, and inappropriately loaned thousands of dollars to his wife, a prominent Republican fundraiser and professional gambler. Registry members occasionally haggled over the individual amounts for each violation, trying to determine how egregious Durham’s actions were while also expressing a desire to use the penalties to prevent future wrongdoing. In total, the registry fined Durham $465,500 for more than 300 violations.

Wisconsin – Critics Deride Secrecy, Limits on Investigations by State Ethics Commission as It Nears 1-Year Mark
Wisconsin State Journal – Mark Sommerhauser | Published: 6/4/2017

Critics say it is difficult to assess the work of Wisconsin’s new ethics commission because much of what it does is kept secret. Current and former commissioners and other observers say they have seen some heartening signs from the six-member panel, which acts as the state’s watchdog of political campaigns and candidates, public officials, and those who seek to influence them. But critics say the commission is handcuffed by legal limits on what it can disclose about its efforts to enforce campaign finance, ethics, and lobbying laws. It also is much more limited than its predecessor, the Government Accountability Board, in its ability to investigate alleged violations of those laws.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

Lobbying

Kentucky: “Judge Tosses Ethics Rules for Kentucky Lobbyists, Lawmakers” by Adam Beam (Associated Press) for U.S. News & World Report

Campaign Finance

Maryland: “Montgomery County Candidates Line Up for Taxpayer-Funded Contributions” by Bill Turque for Washington Post

Missouri: “What You Need to Know about Missouri’s Evolving Campaign Finance Laws” by Travis Zimpfer for Missouri Times

Tennessee: “Record $465,000 Fine Issued Against Jeremy Durham for ‘Egregious’ Campaign Finance Violations” by Dave Boucher and Joel Ebert for The Tennessean

Ethics

“How Donald Trump Shifted Kids-Cancer Charity Money into His Business” by Dan Alexander for Forbes

“Lobbyists, Industry Lawyers Were Granted Ethics Waivers to Work in Trump Administration” by Eric Lipton and Danielle Ivory for New York Times

“Top Intelligence Official Told Associates Trump Asked Him If He Could Intervene with Comey on FBI Russia Probe” by Adam Entous for Washington Post

“Inside the Heaving, Jostling Capitol Media Mob: ‘We are one tripped senator away’ from disaster.” by Elise Viebeck and Ben Terris for Washington Post

Kentucky: “In Appeal, Gov. Matt Bevin Argues He Paid Fair Price for Anchorage Mansion” by Tom Loftus for Louisville Courier-Journal

New Mexico: “‘Enforcement Gap’ Persists in NM Ethics Laws” by Laura Paskus for NM Political Report

South Carolina: “Senate Approves New South Carolina Ethics Commission Members” by Maya Prabhu for Charleston Post and Courier

Lobbying

Texas: “City Officials Question Oversight of Visit Austin” by Shonda Novak for Austin American-Statesman

Utah: “Utah Bars Fighting the State’s Strict New DUI Law with Fundraising and Petition Drive” by Kathy Stephenson for Salt Lake Tribune

Campaign Finance

“Amid Trump’s Unpopularity, Democrats Face Criticism for Not Investing More in Special Elections” by Mike DeBonis and David Weigel for Washington Post

Florida: “Someone Raised $200K from Miami Beach Bigwigs, But No One Will Say Why” by Nicholas Nehamas and Joey Flechas for Miami Herald

South Carolina: “South Carolina Lt. Gov. Kevin Bryant’s New Campaign Account Under State Ethics Review” by Andy Shain for The State

Ethics

“Top Intelligence Official Told Associates Trump Asked Him If He Could Intervene with Comey on FBI Russia Probe” by Adam Entous for Washington Post

“Comey Told Sessions: Don’t leave me alone with Trump” by Michael Schmidt and Matt Apuzzo for New York Times

“Trump Organization to Go Budget Friendly With ‘American Idea’ Hotel Chain” by Steve Eder and Ben Protess for New York Times

“Intelligence Contractor Is Charged in First Leak Case Under Trump” by Charlie Savage for New York Times

Florida: “City Councilman Tried to Sell His Vote to Fill Council Seat for $15,000, Witnesses Testify” by Brett Kelman, Jesse Marx, ands Rosalie Murphy (Palm Beach Desert Sun) for USA Today

Redistricting

“US Supreme Court Affirms NC Legislative Districts as Racial Gerrymanders” by Anne Blythe for Raleigh News and Observer

On June 1, the 2nd Session of The Legislative Assembly of Manitoba, which began on November 21, 2016, adjourned until October 4, 2017.

Bill 26, the Election Financing Amendment Act received Royal Assent on June 1. The new law increases the annual contribution limit for individuals from $3,000 to $5,000, and is indexed for inflation. Other changes to the law include limiting cash contributions to $25 or less, allowing self-employed persons to volunteer services for which they normally charge without the services being considered a contribution, and expanding the definition of “election communication” as applied to third parties to include communications about issues associated with a political party or a candidate. The law takes effect on September 1.

Lawmakers plan to adjourn the Assembly again on November 3, and then reconvene on November 15, with a final scheduled adjournment of the 2nd Session to be on December 1.

Campaign Finance

District of Columbia: “Council Member Todd Gets Minor Fine for Many Campaign Finance Infractions” by Aaron Davis for Washington Post

Maine: “Ethics Commission Staff Calls for Probe of Casino Referendum Campaign” by Kevin Miller for Portland Press Herald

New Jersey: “2 Birdsall Execs Get Jail Time in $1M Pay-to-Play Scheme” by S.P. Sullivan (NJ Advance Media) for Newark Star-Ledger

Ethics

“How G.O.P. Leaders Came to View Climate Change as Fake Science” by Coral Davenport and Eric Lipton for New York Times

Michigan: “Ex-Detroit Principal Uses Robin Hood Defense at Corruption Sentencing” by Gus Burns for MLive.com

Tennessee: “Tennessee Watchdogs Owed More Than $1 Million in Unpaid Fines” by Joel Ebert and Dave Boucher for The Tennessean

Wisconsin: “Critics Deride Secrecy, Limits on Investigations by State Ethics Commission as It Nears 1-Year Mark” by Mark Sommerhauser for Wisconsin State Journal

Lobbying

Pennsylvania: “A Philly Teacher’s Stunts Draw Interest from The Board of Ethics” by Chris Brennan for Philadelphia Inquirer

South Carolina: “Firms Named in SC Corruption Probe Have Hundreds of Millions at Stake” by Jamie Self and Avery Wilks for The State

West Virginia: “DHHR Head Owns Part of Health Care Lobbying Firm, Documents Show” by Jake Zucherman for Charleston Gazette

Lobbying

“Lobbyists Don’t Get Business Boom with Trump” by Sean McMinn and Kate Ackley for Roll Call

“Special Counsel Mueller to Probe Ex-Trump Aide Flynn’s Turkey Ties” by Nathan Layne, Mark Hosenball, and Julia Edwards Ainsley for Reuters

Arizona: “Corruption Case Snares Lobbyist at the Center of Arizona Power Politics” by Yvonne Wingett Sanchez for Arizona Republic

Campaign Finance

Canada: “Feds Introduce Legislation to Shine Light on Cash-for-Access Fundraisers” by Joan Bryden (Canadian Press) for Winnipeg Free Press

New Mexico: “Secretary of State’s Office Lacks Funds to Fix Campaign Finance Website” by Andrew Oxford for Santa Fe New Mexican

Tennessee: “Expert: Money trail shows possible misconduct by state Sen. Brian Kelsey” by Dave Boucher and Joel Ebert for The Tennessean

Ethics

“Less Tweeting, Lawyers Beg. ‘Covfefe,’ the President Says.” By Peter Baker and Glenn Thrush for New York Times

“Explanations for Kushner’s Meeting with Head of Kremlin-Linked Bank Don’t Match Up” by David Filipov, Amy Brittain, Rosalind Helderman, and Tom Hamburger for Washington Post

“White House Waivers May Have Violated Ethics Rules” by Steve Eder and Eric Lipton for New York Times

Michigan: “Rizzo Star Witness Sours on Feds, Gets Indicted” by Robert Snell for Detroit News

North Carolina: “Legislative Leaders Win This Round in Court in Power Struggle with Governor” by Anne Blythe for Raleigh News & Observer

Becky Campbell is back to deliver any government relations and ethics news you might have missed in this weeks News You Can Use Video Digest. Enjoy!

National:

The GOP Inherits What Trump Has Wrought
Washington Post – Karen Tumulty and Robert Costa | Published: 5/26/2017

President Trump – and specifically, his character and conduct – now dominate the national political conversation. The dynamic is shaping the contours of this year’s special congressional elections and contests for governor, as well as the jockeying ahead the 2018 midterm elections. When U.S. House candidate Greg Gianforte assaulted a reporter who had attempted to ask him a question, many saw not an isolated outburst by an individual, but the obvious, violent result of Trump’s charge that journalists are “the enemy of the people.” Nonetheless, Gianforte won Montana’s special election to fill a safe Republican seat.

Federal:

A Vocal Defender of Ethics Has Fans – and Foes
New York Times – Nicholas Fandos | Published: 5/30/2017

Ethics have been thrust to the forefront in President Trump’s Washington, where his own vast holdings and those of his asset-rich cabinet and advisers from businesses and lobbying firms have raised accusations of conflicts-of-interest. Office of Government Ethics Director Walter Shaub has emerged as one of the few voices from within the government willing to second-guess the president and his advisers. The confrontations have given Shaub, a self-effacing career bureaucrat, the reputation of a fighter. Admiring fans have put his face on T-shirts. He even has a Facebook fan group, with more than 1,000 likes.

Jared Kushner Now a Focus in Russia Investigation
New York Times – Matthew Rosenberg, Mark Mazzetti, and Maggie Haberman | Published: 5/29/2017

Jared Kushner, President Trump’s son-in-law and senior adviser, was looking for a direct line to Vladimir Putin, a search that in mid-December found him in a room with a Russian banker whose financial institution was deeply intertwined with Russian intelligence, and remains under sanction by the U.S. Federal and congressional investigators are now examining what exactly Kushner and the Russian banker, Sergey Gorkov, wanted from each other. The banker is a close associate of Putin, but he has not been known to play a diplomatic role for the Russian leader. That has raised questions about why he was meeting with Kushner at a crucial moment in the presidential transition.

White House Details Ethics Waivers for Ex-Lobbyists and Corporate Lawyers
New York Times – Eric Lipton and Steve Eder | Published: 5/31/2017

The White House disclosed the ethics waivers given to appointees who work for President Trump and Vice President Pence, including four former lobbyists. The waivers exempt the appointees from certain portions of ethics rules aimed at barring potential conflicts-of-interest. Among the high-profile figures who received waivers: White House Chief of Staff Reince Priebus and counselor to the president Kellyanne Conway, who were both permitted to engage with their former employers or clients. The details were made public after a dispute between the White House and the Office of Government Ethics, which had been pushing the Trump administration to stop granting such waivers in secret.

From the States and Municipalities:

Arizona – Arizona Attorney General Investigating Phoenix Law Firm’s Falsified Lobbying Documents
Arizona Republic – Dustin Gardiner and Rob O’Dell | Published: 5/31/2017

The Arizona attorney general’s office is conducting a criminal investigation into a law firm that filed falsified documents with the city of Phoenix. Burch & Cracchiolo violated the city’s lobbying ordinance and filed falsified documents to make it appear it had complied, The Arizona Republic reported in January. The firm later withdrew those documents and said they were prepared by a non-attorney staffer. Although Phoenix did not prosecute anyone at Burch & Cracchiolo for not complying with lobbyist regulations, the issue of falsified documents is a separate legal matter. Filing false documents with a government agency can be a felony offense.

Arizona – Ex-Corporation Commissioner Gary Pierce, Lobbyist Jim Norton Indicted
Arizona Republic – Ryan Randazzo | Published: 5/25/2017

Former Arizona Corporation Commissioner Gary Pierce and Johnson Utilities owner George Johnson were indicted in federal court on bribery, conspiracy, and other charges. The indictment alleges Johnson and Pierce developed an elaborate scheme that paid Pierce over $30,000 and provided employment for his wife, who was also charged. In return, Pierce pushed through a rate increase for Johnson Utilities to pay for a personal tax debt that Johnson owed. Johnson allegedly used a lobbying firm to funnel money to Pierce. He also reportedly offered Pierce and the lobbyist, Jim Norton, “the opportunity to purchase land valued at approximately $350,000.”

Arizona – Phoenix: Tougher rules for paid lobbyists to take effect July 1
Arizona Republic – Dustin Gardiner | Published: 5/31/2017

The Phoenix City Council gave approval to an overhaul of the lobbying ordinance so it can prosecute paid lobbyists who flout rules requiring them to register, list their clients, and disclose gifts to officials. The existing law was adopted more than two decades ago but lacked language that explicitly said the city could prosecute those who do not comply. Under the new rules, which take effect July 1, lobbyists who do not file the required registration or expense-disclosure forms can face sanctions, including fines of up to $2,500, suspension from lobbying, and possible jail time for repeated offenses.

Kentucky – Bevin, Facing Ethics Complaint, Blasts Journalist Over Reporting About His Mansion
Lexington Herald-Leader – Allison Ross (Louisville Courier-Journal) | Published: 5/28/2017

Kentucky Gov. Matt Bevin, facing an ethics complaint about the unusually low purchase price of the mansion he Is living in, took to Twitter to personally attack a journalist who has been reporting about the controversy. Bevin called Louisville Courier-Journal reporter Tom Loftus a “sick man” for allegedly being “caught sneaking” around Bevin’s home and property. The Courier-Journal rejected the claim that Loftus was “caught sneaking” around or that he was removed from the property. At the time Loftus visited the home, Bevin would not say whether he and his family lived there, nor had he responded to requests for details about the $1.6 million sale of the home to Anchorage Place, a limited-liability corporation whose ownership is unknown.

Massachusetts – Former Top Mass. Lawmaker Often Helped His Business, Family
Boston Globe – Andrea Estes | Published: 5/30/2017

Massachusetts Rep. Garrett Bradley has shown a pattern in his 16-year legislative career of taking actions in his official capacity that advanced his business interests, state records and interviews with other officials show. E-mails to and from Bradley show he helped his law firm get millions of dollars in legal work from the state retirement system in 2004, something Bradley’s own legal advisers later warned him against. Bradley also tapped his connections to help his sister and father-in-law get jobs, and two members of the Governor’s Council accused him of using political donations to help his wife get a judgeship. Ethics experts said Bradley’s conduct, at a minimum, looks bad, and some of it raises thorny legal questions.

Missouri – Missouri Pay-to-Play Allegations Heat Up Over New Links Between Lawmaker, Megadonor
Kansas City Star – Jason Hancock | Published: 5/25/2017

The relationship between the Missouri Senate President Ron Richard and an emissary for one of the state’s most prolific political donors is raising eyebrows in the statehouse. Richard has been dogged by “pay-to-play” allegations over a bill he sponsored that would benefit a company owned by Republican donor David Humphreys. Now, new details about Richard’s association with Paul Mouton, widely considered to be Humphreys’ eyes and ears in the Capitol, are rekindling the long-simmering accusations.

New York – Ex-Sterne Agee Executive Admits to N.Y. Pension Fund Bribes
Bloomberg.com – Christian Berthelson | Published: 5/30/2017

A former managing director at broker-dealer Sterne Agee & Leach pleaded guilty to bribing a former portfolio manager at New York state’s retirement fund in exchange for tens of millions of dollars’ worth of business. Deborah Kelley admitted that between 2014 and 2016, she paid bribes including entertainment, travel, and lavish meals to Navnoor Kang, former director of fixed income and head of portfolio strategy at the New York State Common Retirement Fund. She expensed the costs to Sterne Agee, while omitting that the money was spent entertaining Kang.

Pennsylvania – Lack of Gift Ban for Pa.’s Legislators Continues to Miff Critics
Pittsburgh Post-Gazette – Angela Couloumbis (Philadelphia Inquirer) and Karen Langley | Published: 5/28/2017

Critics often cite Pennsylvania as having the weakest gift regulations in the nation. Former legislators say lawmakers resist changes because they enjoy the perks of the job, including being entertained by lobbyists and others with an interest in state government. The gift-ban issue gained traction and urgency after a 2014 scandal that revealed some House members had accepted envelopes stuffed with cash from an undercover informant posing as a lobbyist for law enforcement. Both chambers clamored to change their rules to prohibit cash gifts, but the fervor to pass stronger bans dulled, and the issue got pushed to the legislative back-burner.

Texas – Ethics Reform Not Swept Under Rug, But Not Sweeping Either
Texas Tribune – Jay Root | Published: 6/1/2017

Texas Gov. Greg Abbott praised lawmakers for enacting a “very meaningful” ethics package that broadens transparency on public officials’ outside business dealings, and strips convicted legislators of their offices and retirement benefits. A compromise bill passed by the House and Senate gave Abbott legislative approval on three of the six major ethics bills he championed at the outset of the session. Three other Abbott-backed bills, as well as other ethics measures outside the governor’s reform agenda, died as the Legislature ended its regular session.

Texas – Texas Lawmaker Threatens to Shoot Colleague After Reporting Protesters to ICE
New York Times – Matthew Haag | Published: 5/29/2017

A chaotic scene erupted. on the last day of the legislative session in Texas when demonstrators in the House gallery began chanting in opposition to a new law that bans sanctuary cities. On the floor, Rep. Matt Rinaldi turned to several Democratic lawmakers and told them he had reported the protesters to the U.S. Immigration and Customs Enforcement agency. Rep. César Blanco said Rinaldi told him and others, “We are going to have them deported,” and then used an obscenity. The exchange led to a confrontation among lawmakers, with some pushing and pointing at one another. Rinaldi got into a face-to-face argument with Rep. Poncho Nevárez and threatened to shoot him. Legislators with licenses may carry concealed firearms in the Capitol, but it was not clear if Rinaldi was armed.

Washington – Citizen Watchdog Peppers Washington State with Campaign-Finance Complaints Against Dems
Seattle Times – Joseph O’Sullivan | Published: 5/30/2017

From his home office in Tenino, a small town about 15 miles south of Olympia – and the occasional coffee shop – Glen Morgan has launched a volley of campaign finance complaints against Democratic candidates and groups. As of May 23, the attorney general’s office has recorded 79 complaints for this year; Morgan filed 75 of those. Morgan argues his efforts keep government honest and highlight quirks in Washington’s disclosure laws he believes need changing.

State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

Lobbying

Arizona: “Arizona Attorney General Investigating Phoenix Law Firm’s Falsified Lobbying Documents” by Dustin Gardiner and Rob O’Dell for Arizona Republic

Campaign Finance

“Why the High Court Sidestepped a Soft Money Case” by Joseph Williams for U.S. News & World Report

Maryland: “Mayor Pugh Calls Gary Brown ‘a Good Employee,’ Stands by Him Following Guilty Finding” by Yvonne Wagner for Baltimore Sun

Missouri: “Campaign Finance Decision Being Appealed” by Kurt Erickson for St. Louis Post-Dispatch

Pennsylvania: “Claiming ‘Taco Bell’ Tastes, Philly DA Williams Drew Questions Early on with Elaborate Campaign Spending” by Jeremy Roebuck for Philadelphia Inquirer

Ethics

“A Vocal Defender of Ethics Has Fans – and Foes” by Nicholas Fandos for New York Times

Massachusetts: “Former Top Mass. Lawmaker Often Helped His Business, Family” by Andrea Estes for Boston Globe

New York: “Ex-Sterne Agee Executive Admits to N.Y. Pension Fund Bribes” by Christian Berthelson for Bloomberg.com

New York: “Appeals Court Vacates Former State Senator’s Conviction and Fine” by Benjamin Weiser for New York Times

Oregon: “Republican Confirmed to State Ethics Panel Despite Democrats’ Outcry” by Gordon Friedman for Portland Oregonian

Elections

Ohio: “High Court to Review Ohio’s Method for Removing Voters from Registration Rolls” by Robert Barnes for Washington Post

Lobbying

“White House Backs Down on Keeping Ethics Waivers Secret” by Eric Lipton for New York Times

Pennsylvania: “Lack of Gift Ban for Pa.’s Legislators Continues to Miff Critics” by Angela Couloumbis (Philadelphia Inquirer) and Karen Langley for Pittsburgh Post-Gazette

Campaign Finance

Arizona: “Court: Former Attorney General Tom Horne’s rights violated in campaign case” by Yvonne Wingett Sanchez for Arizona Republic

Missouri: “Candidate Spending Gets Little Scrutiny under Missouri Ethics Laws” by Ellen Cagle for Southeast Missourian

Washington: “Citizen Watchdog Peppers Washington State with Campaign-Finance Complaints Against Dems” by Joseph O’Sullivan for Seattle Times

Ethics

“A Constitutional Puzzle: Can the president be indicted?” by Adam Liptak for New York Times

“Congress Expands Russia Investigation to Include Trump’s Personal Attorney” by Brian Ross and Matthew Mosk for ABC News

“How Michael Flynn May Have Run Afoul of the Law” by Charlie Savage for New York Times

Kentucky: “Bevin, Facing Ethics Complaint, Blasts Journalist Over Reporting About His Mansion” by Allison Ross (Louisville Courier-Journal) for Lexington Herald-Leader

Michigan: “Lawyer Is 7th Person Charged in Macomb County Corruption Probe” by Tresa Baldas for Detroit Free Press

Legislative Issues

Texas: “Texas Lawmaker Threatens to Shoot Colleague After Reporting Protesters to ICE” by Matthew Haag for New York Times

Campaign Finance

Connecticut: “Divided House Forwards Campaign Bill to Senate” by Christine Stuart for CTNewsJunkie.com

Missouri: “Missouri Pay-to-Play Allegations Heat Up Over New Links Between Lawmaker, Megadonor” by Jason Hancock for Kansas City Star

Ohio: “Dayton Mayor Using Uncapped Mayoral Campaign Fund for Gubernatorial Bid, AP Reports” by Associated Press for Cleveland Plain Dealer

Ethics

“Jared Kushner Now a Focus in Russia Investigation” by Matt Zapotosky, Sari Horwitz, Devlin Barrett, and Adam Entous for Washington Post

Alabama: “Mike Hubbard Appeals Ethics Convictions; Says Prosecutors Misinterpreted Law” by Brian Lyman for Montgomery Advertiser

Arizona: “Ex-Corporation Commissioner Gary Pierce, Lobbyist Jim Norton Indicted” by Rachel Leingang and Hank Stephenson for Arizona Capitol Times

California: “Taxpayer Money Wasted on Bar Tabs, Trips to Las Vegas and Expensive Electronics in South El Monte, Audit Shows” by Adam Elmahrek for Los Angeles Times

South Carolina: “More Than 50 Accusations Against Public Officials Await Stalled South Carolina Ethics Commission” by Maya Prabhu for Charleston Post and Courier

Texas: “Bills Aimed at Restricting Lobbyists Die in Texas House” by Sean Collins Walsh for Austin American-Statesman

Elections

“The GOP Inherits What Trump Has Wrought” by Karen Tumulty and Robert Costa for Washington Post

“‘Anyone … with a Pulse’: How a Russia-friendly adviser found his way into the Trump campaign” by Tom Hamburger and Rosalind Helderman for Washington Post

Lobbying

Missouri: “Greitens Nonprofit Lobbies for Legislation, But Isn’t Registered to Lobby” by Kurt Erickson for St. Louis Post Dispatch

See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!

National:

Sean Hannity Done Talking About Seth Rich and WikiLeaks ‘for Now’ as Fox News Retracts Story
Washinton Post – Kristine Phillips and Peter Holley | Published: 5/24/2017

Fox News retracted a story linking the murder of a Democratic National Committee staff member with the email hacks that aided Donald Trump’s campaign, effectively quashing a conspiracy theory that had taken hold across the right-wing news media. The story of the murdered aide, Seth Rich, who was 27 when he was shot near his Washington, D.C. home in July, has been seized on by conservative pundits as an alternative narrative to the cascade of damaging revelations about the Trump administration’s ties to Russian officials who meddled in the presidential election. No evidence to support that theory has emerged, and the Washington Metropolitan Police Department is still investigating the case.

Work and Politics: What rights do employees have?
USA Today – Charisse Jones and Michael Izzo | Published: 5/16/2017

A U.S. House member’s letter that helped push a New Jersey attorney to resign after her boss was told she was a grassroots “ringleader,” sparked questions about how much an employer can clamp down on an employee’s activism. In an era of heightened political tensions, when many Americans are marching and boycotting for perhaps the first time, the case is showing how politics and the workplace can collide.

Federal:

‘Soft Money’ Rules Upheld by Supreme Court
Bloomberg BNA – Kenneth Doyle | Published: 5/23/2017

The U.S. Supreme Court turned away a Republican challenge to a federal campaign finance restriction that prevents political parties from raising unlimited amounts of cash to spend on supporting candidates. The Republican Party of Louisiana had argued a provision of the 2002 Bipartisan Campaign Reform Act (BCRA) violates its free speech rights. But the justices let stand a lower court’s ruling that rejected the challenge. BCRA barred state and local parties from taking unlimited donations for any activities concerning federal elections. Such contributions are often called soft money because they are unregulated.

Trump Asked Intelligence Chiefs to Push Back against FBI Collusion Probe after Comey Revealed Its Existence
Washington Post – Adam Entous and Ellen Nakashima | Published: 5/22/2017

President Trump called two of the nation’s top intelligence officials – Dan Coats, the director of National Intelligence, and Admiral Michael Rogers, director of the National Security Agency – and urged them to publicly deny there is any evidence of collusion between his campaign and the Russians. The requests came in the days after then-FBI Director James Comey publicly confirmed the FBI was probing the Trump-Russia connection in his testimony before the House Intelligence Committee on March 20. Coats and Rogers refused to comply with the requests, which they both deemed to be inappropriate.

White House Moves to Block Ethics Inquiry into Ex-Lobbyists on Payroll
New York Times – Eric Lipton | Published: 5/22/2017

The Trump administration is trying to block an effort from the Office of Government Ethics (OGE) to find out the names of lobbyists who have been granted waivers to work in the federal government. The White House sent a letter to OGE Director Walter Shaub, challenging the agency’s authority to see the waivers. President Trump in January signed an executive order that banned lobbyists hired in his administration from working with former clients or on issues they had been involved with for two years unless they received a waiver. Dozens of former lobbyists and industry lawyers are now working in the administration. Keeping the waivers confidential would make it impossible to know whether those officials are violating ethics rules or have been given a pass to ignore them.

From the States and Municipalities:

Arizona – Phoenix Moves to Implement New Rules for Lobbyists Following Republic Report
Arizona Republic – Rob O’Dell and Dustin Gardiner | Published: 5/23/2017

The city council gave preliminary approval to amending Phoenix’s lobbying ordinance so those who do not comply with its registration or expense disclosure rules can face sanctions, including fines of up to $2,500, suspension from lobbying, and possible jail time for repeated offenses. The new law also would apply rules to lobbyists’ communication with far more officials at the city. The council also approved a news definition of “lobbyist.” The council will hold one more vote to finalize the changes.

Arkansas – Panel: Dallas Cowboys owner violated Arkansas ethics law
Arkansas Online – John Lyon (Arkansas News Bureau) | Published: 5/20/2017

Dallas Cowboys owner Jerry Jones, who grew up in North Little Rock, paid for the city’s police officers and their families to attend a Cowboys home game of their choice late last season, with travel and lodging accommodations included. The gifts were in recognition of police service and volunteer work in the community. The Arkansas Ethics Commission ruled Jones had committed “an unintentional violation” by making the gift. Jones will receive a warning letter. No sanction was imposed because of his reliance on “the erroneous conclusion” in a North Little Rock City Council resolution. Through that resolution, the council accepted the gifts and subsequently passed them along to the officers as an employee benefit.

Iowa – Ethics Complaint Against Iowa Gun Owners Leader Dismissed
Des Moines Register – Brianne Pfannenstiel | Published: 5/22/2017

A man who has sometimes registered as a statehouse lobbyist was called a “liar” and “immoral,” but the House Ethics Committee dismissed a complaint against Iowa Gun Owners Executive Director Aaron Dorr. The complaint alleged Dorr was telling members of his group that he was lobbying lawmakers, but while Dorr has registered as a lobbyist in the past, he did not this year. Dorr gave documents to the committee saying he had not been designated as a lobbyist for Iowa Gun Owners and was not being paid to be its executive director. Committee Chairperson Rob Taylor said unless the panel decided to issue a subpeona for Dorr’s tax returns and bank records, they would have to accept that explanation.

Missouri – New Campaign Finance Rules Ignore Missouri Voters’ Decision
Governing – Kurt Erickson (Tribune News Service) | Published: 5/23/2017

The Missouri Ethics Commission issued an opinion saying campaign committees formed by party leaders in the House and Senate are no longer limited to contributions totaling $25,000 annually. Commission Executive Director James Klahr said those committees can once again receive unlimited donations. Under a November change to the state constitution, Missouri voters overwhelmingly capped contributions to individual candidates for office at $2,600 per election. Donations to a political party were capped at $25,000.

Montana – Bullock Vetoes Bill to Raise Allowable Campaign Contributions
Billings Gazette – Holly Michels | Published: 5/19/2017

Montana Gov. Steve Bullock vetoed a bill that would have revised campaign finance laws in the state and made changes to the commissioner of political practices office. Bullock said Senate Bill 368 would undermine the agency’s effectiveness and raise contribution limits far above what residents think is acceptable. The legislation would have increased the filing fees for legislative candidates, changed laws related to investigation of campaign practices, created an appeal procedure for certain complaints, and prohibit the commissioner from filing criminal action against a candidate for some violations.

New Mexico – Loophole and Vague Laws Create Ambiguity in Lobbyist Reporting
New Mexico In Depth – Sandra Fish | Published: 5/19/2017

New Mexico’s lobbyist reporting law has been criticized as lacking transparency. A loophole in a 2016 reform effort changed the reporting requirements for organizations and people they hire who spend money to influence public officials in New Mexico. Critics also say the law’s vagueness results in a situation in which lobbyists are now free to report some expenses, or not. And how they report them depends on a lobbyist’s interpretation of the rules.

New York – JCOPE Settlement Expected to Reveal Glenwood Behind $690K
Albany Times Union – Chris Bragg | Published: 5/23/2017

The Joint Commission on Public Ethics reached a settlement with nonprofit lobbying group Pledge 2 Protect that is expected to require the group to disclose that real estate giant Glenwood was intended to force groups like Pledge 2 Protect, issue-oriented nonprofits with lobbying operations, to disclose their donors. But in a series of six transactions in 2013, nearly $700,000 was funneled from previously unknown donors to a newly founded boutique law firm, Marquart & Small, which then passed the funds on to Pledge 2 Protect. Only the name of Marquart & Small showed up on subsequent lobbying disclosure filings, not the names of the original donors.

North Carolina – Supreme Court Ruling Wipes Out Republican-Drawn House Districts in N.C.
USA Today – Richard Wolff | Published: 5/22/2017

The U.S. Supreme Court ruled North Carolina’s Republican-controlled Legislature unlawfully relied on race when drawing two of the state’s congressional districts. The decision continued a trend at the court, where justices have found racial considerations improperly predominated in redistricting decisions by GOP Legislatures in Virginia, Alabama, and North Carolina. Some involved congressional districts, others state legislative districts. The states had contended their efforts were partisan attempts to protect their majorities, which the Supreme Court in the past has allowed, rather than attempts to diminish the impact of minority voters, which is forbidden. But the justices declared North Carolina had relied too heavily on race in their efforts to “reshuffle,” voters from one district to another.

South Carolina – How South Carolina Lawmakers Are Re-examining Their Rule Book after Statehouse Probe Indictments
Charleston Post and Courier – Andy Shain | Published: 5/21/2017

The House and Senate ethics committees are reviewing their advisory opinions to determine if alterations or updates are needed to ensure state lawmakers get the proper guidance to stay within the boundaries of South Carolina’s ethics law. The law does not cover every potential personal conflict in a legislator’s campaign or legislative duties. So, lawmakers receive opinions from their ethics panels to fill the gaps and create a more complete rulebook for them to follow. Since 2014, four legislators have been indicted in an ongoing probe of statehouse corruption.

Virginia – A ‘Personal Friend’ Exemption on Gifts to Virginia’s Elected Officials Leaves Open an Unlimited Loophole
The Virginian-Pilot – Bill Bartel | Published: 5/23/2017

Changes to Virginia’s ethics laws that went into effect last year place a $100 annual limit on gifts from a lobbyist, his or her clients, or someone seeking business with the state. The reform ended a common practice of lobbyists providing lawmakers with unlimited gifts, such as expensive sports tickets or pricey dinners. A new ethics council was set up advise officials and to approve acceptance of specific gifts or travel costing more than $100. But there remained a large exception: there is no limit on gifts to an officeholder or immediate family members from a “personal friend” who is not a lobbyist, a lobbyist’s client, or someone seeking state business.

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.

The Missouri Ethics Commission recently issued a campaign finance advisory opinion differentiating between political parties and political party committees for the application and enforcement of voter approved contribution limits.

The $25,000 aggregate limit on contributions to a political party does not apply to contributions to a political party committee unless the committee is, by definition, organized to influence voters on behalf of the affiliated political party.

The aggregate limit will, therefore, not apply to the state House and state Senate committees for each political party because, while they have historically served such a purpose, they do not actually indicate they are acting on behalf of a political party; rather, it is possible they could choose to support or oppose non-party candidates or even ballot issues.