Berkeley voters approved a measure to create a voluntary system of public financing for city elections. Measure X1 does not increase taxes, but amends the City Charter and Municipal Code to allocate $4 per Berkeley resident from the General Fund to a new Fair Elections Fund.

To be eligible for public financing, a candidate must agree to only accept individual contributions of $50 or less from Berkeley residents.

Measure X1 was made possible by the recent passage of SB 1107, which allows any state or local government in California to provide for the public funding of elections.

Lobbying

“Trump Victory Could Mean Big Business for K Street” by Catherine Ho for The Washington Post

“S.F. Budget Set-Asides Mostly Pass; Noncitizens May Get a Vote” by Jenna Lyons and Emily Green for San Francisco Chronicle

Campaign Finance

“FEC Inspector General Says Top Agency Official Duped Her into Releasing Confidential Criticisms” by Dave Levinthal for The Center for Public Integrity

“Arizona AG to Investigate Spending by Minimum-Wage Advocates Yes on 206” by Alia Beard Rau for The Arizona Republic

Ethics

“Feds: Clinton Twp. trustee indicted in Rizzo scandal led us to others” by Tresa Baldas and Christina Hall for Detroit Free Press

“Donald Trump, New York Corruption, and a Loss of Faith in Institutions” by William Fowler for Gotham Gazette

Elections

“Over 70 Nations Have Been Led by Women. So Why Not the U.S.?” by Katrin Bennhold and Rick Gladstone for The New York Times

“The Electoral College Is Hated by Many. So Why Does It Endure?” by Jonathan Mahler and Steve Eder for The New York Times

“What Went Wrong with the 2016 Polls?” by Vann R. Newkirk II for The Atlantic

Campaign finance ballot measure 26-184 passed on November 8 with an 88 percent to 11 percent tally. The measure seeks to limit campaign expenditures and contributions and promote transparency by requiring heightened advertisement funding disclosures.

Measure 26-148 prohibits candidates from receiving more than $500 from any individual or political committee per election cycle and puts an independent expenditure cap at $5,000 for individuals and $10,000 for political committees per county candidate race. This ballot measure comes as a response to the recent increase in big money spending in Multnomah County elections.

Oregon is one of only six states in the country with no campaign contribution limits. The measure is set to be implemented by county ordinance no later than September 1, 2017.

Despite strong support from democrats, Washington voters did not back Initiative 1464. The measure would have required new campaign finance disclosures, limited contributions by lobbyists and government contractors, and imposed a three-year waiting period on lobbying by former public officials and senior staff.

On the other hand, Initiative 735 was approved by 63.84% of voters. The measure will urge the state congressional delegation to propose an amendment to the U.S. Constitution regarding campaign financing. The measure also requests the state to ratify the constitutional amendment once passed by Congress.

Elections

“Donald Trump Is Elected President in Stunning Repudiation of the Establishment” by Matt Flegenheimer and Michael Barbaro for The New York Times

“News Media Yet Again Misreads America’s Complex Pulse” by Jim Rutenberg for The New York Times

“Republicans Keep Control of Congress”  by Eric Bradner for CNN

“GOP Dominates Democrats in Governors’ Races” by Michael J. Mishak and Ben Wieder for The Center for Public Integrity

Missouri: “Missouri Supports Voter ID, Campaign Limits” by the Staff of St. Joseph News Press

Rhode Island: “R.I. Ethics Commission’s Jurisdiction Over Assembly Is Restored” by Alex Kuffner for Providence Journal

South Dakota: “The Latest: Voters choose to allow public campaign finance” by The Associated Press for The Sacramento Bee

Campaign Finance

“Panel Upholds ‘Soft-Money’ Ban but Sends GOP Campaign Finance Challenge to Supreme Court” by Spencer S. Hsu for The Washington Post

Alaska: “Federal Judge Rejects Lawsuit Challenging Alaska’s Limits on Campaign Donations” by Nathaniel Herz for Alaska Dispatch News

Missouri voters approved Constitutional Amendment 2 with nearly 70 percent of voter support. The ballot measure is effective December 8, 2016.

The amendment establishes the Missouri Campaign Contribution Reform Initiative, reinstating campaign contribution limits for individuals or entities contributing to political parties, political committees, or committees to elect candidates for state or judicial office. The initiative also prohibits individuals and entities from intentionally concealing the source of such contributions, and bans direct corporation and labor union contributions to candidates.

State contribution limits, originally approved by voters in 1994, were repealed by the General Assembly in 2008. Constitutional Amendment 2 limits contributions to statewide candidates to $2,600 per election. Contributions to political parties are capped at $25,000 in the aggregate per election at the state, county, municipal, district, ward, and township levels combined.

Citizens of South Dakota voted in favor of lobbying and campaign finance reform. Initiated Measure 22 (IM 22), known as the South Dakota Government Accountability and Anti-Corruption Act, passed by a tally of 52% to 48%.

IM 22 creates a publicly funded campaign finance system and lowers contribution limits as well as new gift limits and revolving door restrictions for former state officials.

Though approved by the voters, the measure may face constitutional challenges in court.

Lobbying

“Ex-PMO Aide Bruce Carson Fined $50,000 for Illegal Lobbying” by Marco Vigliotti for The Hill Times

“Incoming Florida House Speaker Bans ‘Texting While Legislating’” by Mary Ellen Klas for Miami Herald

Campaign Finance

“Court Challenge Seeks to Outlaw Super PACs” by Kenneth Doyle for Bloomberg BNA

“California Ethics Watchdog Proposes $57,000 Fine Against Sen. Tony Mendoza” by Taryn Luna for Sacramento Bee

Ethics

“These Officials Help Write Ballot Questions. Companies Write Them Checks.” by Eric Lipton and Robert Faturechi for The New York Times

“2 Ex-Christie Allies Are Convicted in George Washington Bridge Case” by Kate Zernike for The New York Times

“Former Gov. Bob McDonnell Hosts Party to Celebrate Overturned Corruption Conviction” by Alissa Skelton for The Virginian-Pilot

Elections

“Memes, Myself and I: The Internet lets us all run the campaign” by Amanda Hess for The New York Times

“Donald Trump’s Extremist Supporters Feel Like Winners Either Way” by Jonathan Mahler and Julie Turkewitz for The New York Times

“Inside Donald Trump’s Last Stand: An anxious nominee seeks assurance” by Maggie Haberman, Ashley Parker, Jeremy Peters and Michael Barbaro for The New York Times

A federal judge has upheld the constitutionality of Montana’s campaign finance disclosure law.

The 2015 Disclose Act, aimed at combating an increase in dark money spending, faced a constitutional challenge asserting the law interfered with the free speech of groups wanting to influence elections without revealing the source of their money or how it is spent. The law requires political committees in Montana to report spending and donors within 60 days of an election if the committee’s advertisements mention a political candidate.

In his opinion, Judge Dana Christensen, Chief Judge of the U.S. District Court for the District of Montana, cited to the ruling in Citizens United. He referenced the notion that while disclosure requirements may burden the ability to speak, they do not prevent anyone from speaking.

There are still two legal challenges to the Disclose Act pending, one at the state level and one in federal court.

Lobbying

“Lobbying Commissioner Karen Shepherd Won’t Seek Another Term” by Marco Vigliotti for The Hill Times

“K Street Says Social Media Is Growing Faster Than Traditional Lobbying as Way to Influence Washington” by Catherine Ho for Washington Post

“Top Lobbyists 2016: Grassroots” by The Hill Staff for The Hill

“Top Lobbyists 2016: Associations” by The Hill Staff for The Hill

“JCOPE Hits Lobbyist with $180K Fine for Failure to File, Repeatedly” by Rick Karlin for Albany Times Union

Campaign Finance

“Washington Judge Fines Food Group $18M in 2013 GMO Fight” by Phuong Lee and Rachel LaCorte (Associated Press) for Fresno Bee

Ethics

“Lobbyist for State Aids Pence Campaign” by Brian Slodysko (Associated Press) for Fort Wayne Journal-Gazette

Elections

“Who Are You Writing In? The Overwhelming Allure of Voting for Someone Who Won’t Win.” by Amy Argetsinger for Washington Post

“Emails Warrant No New Action Against Hillary Clinton, F.B.I. Director Says.” by Matt Apuzzo, Michael S. Schmidt and Adam Goldman for New York Times

National:

Election Maps Are Telling You Big Lies About Small Things
Washington Post – Lazaro Gamio | Published: 11/1/2016

November 8 is the Super Bowl for election maps, when red-and-blue geographical representations of the U.S. fill the front pages of news websites by night and newspapers the next morning. This kind of map is common in almost every election: 50 states (and the District of Columbia), two colors, one winner. Despite its ubiquity, it is profoundly flawed. These maps say only one thing – some states are bigger than others. In a presidential election, how much bigger the state of Wyoming is than New Jersey is not relevant to the outcome, which is based on how electoral votes are apportioned. If you chart the states by electoral votes, a more accurate picture of which states will elect Donald Trump or Hillary Clinton emerges.

Why Sexual Harassment Persists in Politics
New York Times – Sheryl Gay Stolberg | Published: 11/2/2016

It has been 25 years since Anita Hill testified against Clarence Thomas before an all-male Senate Judiciary Committee, and propelled the term sexual harassment into the national spotlight. Once again, the nation is debating gender roles, amid a presidential campaign that features a woman, Hillary Clinton, who stands a chance of becoming America’s first female president, against a man, Donald Trump, who has been caught on a recording bragging about kissing and groping women whenever he wanted. Politics and Legislatures, like many other environments, remain rife with sexual harassment – and young people, including men, are particularly at risk, and still reluctant to speak out.

Federal:

Abedin Tells Colleagues She’s in Dark About New Email Trove
Politico – Josh Gerstein | Published: 10/31/2016

Top Hillary Clinton aide Huma Abedin has told people she is unsure how her emails could have ended up on a device she viewed as her husband’s computer, the seizure of which has reignited the Clinton email investigation. A person familiar with the inquiry said Abedin was not a regular user of the computer, and when she agreed to turn over emails to the State Department for federal records purposes, her lawyers did not search it for materials, believing none of her messages to be there. That could be a significant oversight if Abedin’s work messages were indeed on the computer of her estranged husband, Anthony Weiner, who is under investigation for allegedly exchanging lewd messages with a 15-year-old girl. So far, it is unclear what – if any – new, work-related messages were found by authorities.

Evan Bayh’s Private Schedule Details Ties with Donors, Lobbyists
CNN – Manu Raju | Published: 11/1/2016

Former U.S. Sen. Evan Bayh is running to win back his seat in one of this year’s marquee races. His internal 2009 schedule obtained by CNN shows how he maneuvered behind the scenes during one of the most consequential periods of legislating on Capitol Hill. The schedule provides a rare account of how Bayh privately engaged with fundraisers, lobbyists, and donors who had a keen interest on issues. At times, his own campaign fundraiser was sitting in on his meetings with donors in his official Senate office, the schedule says, raising potential conflict-of-interest concerns. The schedule lays bare a reality of Washington, that well-connected donors often get a private audience with a powerful member of Congress, a luxury most Americans cannot afford.

For Democrats, Anthony Weiner Makes an Unwelcome Return
New York Times – Maggie Haberman and Alexander Burns | Published: 10/30/2016

Anthony Weiner – the name became almost a curse word among Democrats over the past few days as the disgraced former congressman unexpectedly surfaced in the final stretch of the presidential contest. Weiner, who lost his seat after repeated episodes in which he sent lewd messages to women, is now under federal investigation for allegedly sending sexual messages to a 15-year-old girl. In that inquiry, the FBI seized a laptop that contained thousands of messages belonging to Huma Abedin, Weiner’s estranged wife and a top aide to Hillary Clinton. FBI Director James Comey said investigators will now review those messages. “It’s like one of those ‘Damien’ movies – it’s like every time you think he’s dead, he keeps coming again,” said the Rev. Al Sharpton.

How Politicians Hide Their Spending from the Public
Politico – Shane Goldmacher | Published: 11/2/2016

Donald Trump has leveraged an increasingly popular loophole for politicians seeking to outmaneuver the campaign finance system: routing their spending through consulting firms to obscure the ultimate destination of their dollars, keeping the public in the dark about facts as basic as who they are paying and how much they are paying them. Hillary Clinton has paid her digital firm more than $55 million through payments from her campaign and joint committee with the party, and provided no specifics on the firm’s ad-buying or other activities. At its most extreme, a candidate could theoretically hire a single firm to run their entire campaign and only disclose that one payment.

Sleeping Like the Enemy
Politico – Shane Goldmacher and Annie Karni | Published: 11/1/2016

Since the debut of her official campaign plane on Labor Day, there have been full weeks when Hillary Clinton has campaigned every day in swing states and returned to her home every night in between. In total, she has spent a little over half a dozen nights on the road. Instead of more efficient campaign trips, Clinton has prioritized ending her days in either her farmhouse in New York or her mansion in Washington. In a campaign of contrasts, it is one of the most striking similarities between Clinton and Donald Trump – two well-to-do New Yorkers who add hours of travel to their schedules, and thousands of dollars to their campaign expenses, in order to avoid sleeping in hotels.

The Residents in the Nerdiest Group House in Washington Want to Shake Up Washington’s Oldest Trade
Washingtonian Magazine – Michael Gaylord | Published: 10/30/2016

Since its debut, Quorum has cranked out the political charts and graphics that websites and blogs feast on. At the same time, the company has signed up a passel of heavy-hitter clients who pay into the six figures per year, with Covington & Burling, the United Nations Foundation, Toyota, the Podesta Group, the Club for Growth, and U.S. House Majority Leader Kevin McCarthy among them. Quorum produces political intelligence for lobbyists and companies that monitor minute changes in policy. Its platform features bill tracking, social-media alerts, a searchable Congressional Record, and tools to connect and set up meetings with staffers.

From the States and Municipalities:

California – A $72-Million Apartment Project. Top Politicians. Unlikely Donors.
Los Angeles Times – David Zahniser and Emily Alpert Reyes | Published: 10/30/2016

Dozens of donors with direct or indirect connections to real estate developer Samuel Leung gave more than $600,000 to Los Angeles-area politicians as his $72-million project was being reviewed. Of those who donated, 11 said they did not give or do not remember doing so, raising questions about whether they were the true source of the money. Several donors said they could not recall basic information about their contributions, including why they gave and to whom. One donor said she was reimbursed for at least one conrtribution, a practice that is not permitted under the city’s ethics law.

Kentucky – Lobbyist Donations Aid Candidates Despite Law
Louisville Courier-Journal – Tom Loftus | Published: 10/31/2016

Those who lobby the General Assembly are forbidden by state law from making campaign contributions to candidates for the Kentucky House or Senate. But they are allowed to donate to state political parties, which this year have no higher priority than electing their candidates in the high-stakes races that will decide control of the House. And most major lobbyists are taking advantage of the opportunity.

Massachusetts – Law Firm ‘Bonuses’ Tied to Political Donations
Boston Globe – Viveca Novak (Center for Responsive Politics) and Andrea Estes | Published: 10/30/2016

The Thornton Law Firm in Boston commonly reimbursed the firm’s partners for their campaign contributions by awarding them bonuses. From 2010 through 2014, three partners donated nearly $1.6 million to Democratic Party fundraising committees and a parade of politicians. Over the same span, the lawyers received $1.4 million listed as “bonuses” in the firm’s records. Thornton said its donation reimbursement program was reviewed by outside lawyers and complied with applicable laws. Campaign finance experts said without reviewing the firm’s records, they cannot say the payback system breaks the law, but it raises numerous red flags.

Montana – Federal Judge Upholds Montana Campaign Disclosure Law
Montana Public Radio – Matt Volz (Associated Press) | Published: 11/1/2016

A federal judge upheld Montana’s campaign finance reporting and disclosure laws, rejecting arguments it unconstitutionally interferes with the free speech of groups that want to influence elections without revealing where they get their money or how they spend it. Montanans for Community Development, which had previously sued the state over its campaign finance laws, amended its lawsuit last year to challenge the Disclose Act. U.S. District Court Judge Dana Christensen knocked down each of the group’s arguments. Besides ruling the law serves an important government interest, the judge also rejected arguments it was overly burdensome to political committees and unconstitutionally vague on what constitutes a committee, expenditure, and contribution.

New York – Behind Closed Doors, Measures to Reform City’s Campaign Laws Raise Concerns
New York Times – Jim Dwyer | Published: 11/1/2016

Three years after elections revealed flaws in New York City’s campaign finance laws, the city council may be moving to fix some of the worst problems, but not without including a few changes that would benefit individual council members. Up to a dozen new bills are being shaped behind closed doors, and although no drafts have been released yet, word coming from the council has alarmed some of the city’s advocates for better and fairer elections.

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.

Campaign Finance

“How Politicians Hide Their Spending from the Public” by Shane Goldmacher for Politico

Connecticut: “Business, Labor Bet Big on Fight for Connecticut Capitol” by Mark Pazniokas for Connecticut Mirror

Montana: “Federal Judge Upholds Montana Campaign Disclosure Law” by Matt Volz (Associated Press) for Montana Public Radio

New York: “Behind Closed Doors, Measures to Reform City’s Campaign Laws Raise Concerns” by Jim Dwyer for New York Times

Ethics

“Why Sexual Harassment Persists in Politics” by Sheryl Gay Stolberg for New York Times

“Pentagon OKs General’s Rent-Free Living Courtesy of Defense Contractor” by Tom Vanden Brook for USA Today

“Podesta Paid $7,000 a Month by Top Donor” by Kenneth Vogel and Danny Vinik for Politico

Elections

“Sleeping Like the Enemy” by Shane Goldmacher and Annie Karni for Politico

Campaign Finance

“GOP Asks 11th Circuit to Toss Contribution Limits” by Ellen Robinson for Courthouse News Service

“Pro-Hillary Clinton Super PAC Accepted Illegal Contributions” by Dave Levinthal for Center for Public Integrity

South Carolina: “State Senator Cleary Reprimanded, Fined by Ethics Committee” by Chloe Johnson for Myrtle Beach Sun News

Ethics

“Hatch Backers Hit up K Street for ‘Orrin Hatch Foundation’ Funds” by Anna Palmer and John Bresnahan for Politico

“Evan Bayh’s Private Schedule Details Ties with Donors, Lobbyists” by Manu Raju for CNN

Elections

“Election Maps Are Telling You Big Lies About Small Things” by Lazaro Gamio for Washington Post

“Donald Trump Used Legally Dubious Method to Avoid Paying Taxes” by David Barstow. Mike McIntire, Patricia Cohen, Susanne Craig, and Russ Beuttner for New York Times

“Abedin Tells Colleagues She’s in Dark About New Email Trove” by Josh Gerstein for Politico

“Investigating Donald Trump, F.B.I. Sees No Clear Link to Russia” by Eric Lichtblau and Steven Lee Myers for New York Times

Lobbying

Kentucky: “Lobbyist Donations Aid Candidates Despite Law” by Tom Loftus for Louisville Courier-Journal

Campaign Finance

California: “A $72-Million Apartment Project. Top Politicians. Unlikely Donors.” by David Zahniser and Emily Alpert Reyes for Los Angeles Times

Massachusetts: “Law Firm ‘Bonuses’ Tied to Political Donations” by Viveca Novak (Center for Responsive Politics) and Andrea Estes for Boston Globe

Ethics

“FBI Agents Pressed Justice Unsuccessfully for Probe of Clinton Foundation” by Matt Zapotosky, Rosalind Helderman, and Tom Hamburger for Washington Post

“The Residents in the Nerdiest Group House in Washington Want to Shake Up Washington’s Oldest Trade” by Michael Gaylord for Washingtonian Magazine

California: “After $38-Million Deal Collapsed, L.A. County Secretly Launched Public Corruption Probe of Retired CEO” by Adam Elmahrek for Los Angeles Times

New York: “Bridge Scandal Has Become Thorny Issue for Another Governor: Cuomo” by Vivian Yee for New York Times

Elections

“For Democrats, Anthony Weiner Makes an Unwelcome Return” by Maggie Haberman and Alexander Burns for New York Times

Legislative Issues

Minnesota: “Why Minnesota Lawmakers May Get Their First Raise Since ’97” by Alan Greenblatt for Governing