A record five citizen’s initiatives are set to hit the November ballot.

If all five initiatives pass, ranked-choice voting would replace the current election system (IB 2), a tax surcharge would be imposed on certain households to increase funding for public schools (IB 3), minimum wage would be raised to $12 an hour by 2020, background checks would be required for private gun sales (IB 5), and marijuana use would be legal (IB 6).

Ranked-choice voting ensures the winning candidate, in a multi-candidate race, receives the majority vote because voters rank candidates in order of preference. If a candidate does not receive 50 percent of first-choice votes, then the lowest scoring candidate is eliminated and votes are retabulated.

Despite the Legislature’s intention to kill the bill version of IB 2 in March, voters have the opportunity to pass the initiative this November, much like the passage of IB 1 in November 2015, which revamped campaign finance laws.

If successful, Maine would be the first state to institute ranked-choice voting.

Campaign Finance

“FEC Republicans Explain Dropping Gingrich, Murray Cases” by Kenneth Doyle for Bloomberg BNA

California: “Ex-California Lawmaker Tom Calderon Pleads Guilty to Money Laundering” by David Siders and Alexei Koseff for Sacramento Bee

Florida: “Florida AG Asked Trump for Donation before Nixing Fraud Case” by Jeff Horwitz, Gary Fineout, and Michael Biesecker for The Associated Press

Missouri: “On the Trail: St. Louis aldermen will take another look at campaign contribution limits” by Jason Rosenbaum for St. Louis Public Radio

Ethics

Pennsylvania: “Kathleen Kane’s Administration Hit with Discrimination Complaint from Her Twin Sister” by Steve Esack for Allentown Morning Call

Elections

“Exclusive: Trump’s 3,500 lawsuits unprecedented for a presidential nominee” by Nick Penzenstadler and Susan Page for USA Today

“Clinton Celebrates Victory, Declaring: ‘We’ve reached a milestone’” by Anne Gearan, Robert Costa, and John Wagner for Washington Post

Virginia: “Supreme Court Will Weigh in On Whether Va. Districts Are Racially Gerrymandered” by Robert Barnes and Laura Vozzella for Washington Post

Legislative Issues

Rhode Island: “RI Assembly Reworks ‘Community-Service’ Grants Program” by Katherine Gregg for Providence Journal

The number of municipalities and regional governments our research associates track continues to grow. We now cover almost 300 municipalities and local governments. This is part of a continuous effort to better serve the needs of our clients.

In that effort, we have added abridged jurisdictions to our website. These entries, condensed due to the limited number of relevant local laws, provide the core information our clients need for their government relations work.

The new jurisdiction is: Kauai County, Hawaii

Lobbying

Florida: “Bryant Miller Olive Appeals $50 Fine – and Loses” by Jim Rosica for Florida Politics

Campaign Finance

“Study: Ordinary people struggle to use many state campaign finance websites” by Alex Koma for StateScoop

Missouri: “Four Years Later, an Ex-Politician Is Still Benefiting from His Campaign Fund” by Kevin McDermott for St. Louis Post-Dispatch

North Dakota: “Feds Dismiss Foreign Campaign Contribution Allegations against ND Politicians” by John Hageman for Grand Forks Herald

Ethics

California: “Former CalPERS Chief Sentenced to Prison in Bribery Scandal” by Dale Kasler for Sacramento Bee

Florida: “Hialeah Restaurant Owner Tried to Bribe Commissioner, State Says” by David Ovalle for Miami Herald

South Carolina: “SC Ethics Reforms Stalled after 4 Years of Debate” by Jamie Self for The State

Elections

“The Seven Broken Guardrails of Democracy” by David Frum for The Atlantic

Virginia: “Virginia at Center of Racially Charged Fight Over the Right of Felons to Vote” by Sheryl Gay Stolberg for New York Times

Q. When I talk to state officials, I’m always with my registered contract lobbyists. That means I’m exempt from registering, correct?

A. The kind of exemption you are referring to is commonly called an umbrella exception. In most instances, being with a registered lobbyist does not exempt an individual from having to register as a lobbyist.

California and Utah are two states with an umbrella exception, but there are limits to those exceptions. In Utah, an individual is not considered a lobbyist (and thus does not have to register) if he or she:

Interacts with a public official in that official’s capacity as a public official while accompanied by a registered lobbyist who is lobbying in relation to the subject of the interaction or while presenting at a legislative committee meeting at the same time the registered lobbyist is attending another legislative committee meeting; and

Does not make an expenditure for, or on behalf of, a public official in relation to the interaction or during the period of interaction.

California’s umbrella exception is the most well-known, but it was narrowed in March. Now, the umbrella exception will only apply if the individual:

Is an employee of a lobbyist employer;

Meets or speaks with a state official in the company of a registered lobbyist retained by the individual’s lobbyist employer; and

Participates as a subject matter expert regarding a legislative or administrative action at issue.

California’s exception was narrowed to prevent contract lobbyists from being able to utilize the exception and avoid registration and reporting requirements.

As you can see, there are very few umbrella exceptions allowing you to avoid registration. And even when a state has an umbrella exception, there are limits on who can take advantage of them. If you will be attempting to influence a state official, be sure to give us a call prior to your meeting to make sure lobbyist registration will not be required.

You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: marketing@stateandfed.com.

(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.

Mountain View City Council approved the introduction of new campaign finance rules aimed at increasing transparency.

The ordinance establishes an electronic filing system for campaign finance documents and creates new rules for independent expenditures and disclosures on political advertisements.

The ordinance is set for a second reading on June 14, 2016. If passed, the measure will become effective 30 days after adoption.

Federal:

Are Members of Congress Overpaid?
The Atlantic – Nora Kelly | Published: 6/2/2016

Seventy-eight percent of the American public disapproves of lawmakers’ job performances. Thus, like any other group of poorly performing American workers, Congress probably will not get a raise next year. Lawmakers already make a hefty six figures and more than three times the U.S. median household income. But although their pay might look rich at first glance, deciding what salary the members of Congress merit is complicated by the political climate, and the potential for legislators to make a whole lot more if they were to work almost anywhere else.

Can Donald Trump Win? These Battleground Regions Will Decide
New York Times – Jonathan Martin, Alexander Burns, Trip Gabriel, and Fernanda Santos | Published: 5/29/2016

In the Republican primaries, Donald Trump proved a master of nationalizing the political debate, appealing to voters across regional lines with harangues about immigration and crime that captivated an almost uniformly white primary electorate. At the outset of the general election, Trump has dominated the day-to-day news on national television and social media. In the general election, however, his fate will be determined not by his Twitter followers or a relatively homogeneous GOP electorate, but by a set of interlocking and increasingly diverse regions that hold many of the 270 electoral votes he needs to win. And in the four regions likely to decide the presidency – Florida, the upper Southeast, the Rust Belt, and the interior West – Trump faces daunting obstacles.

Clinton’s Challenge: Become a change agent in a year shaped by voter fury
Washington Post – Philip Rucker | Published: 5/31/2016

Hillary Clinton has promised that if elected, her presidency would bring better-paying jobs, renovated schools, and repaired bridges and highways. Labor laws would toughen, student debt would decline, and health care would be more accessible. But many people do not see Clinton in that light. Her advisers are grappling with how to convince swing voters that a former secretary of state, U.S. senator, and first lady who owns a home in Washington, has cultivated deep ties to Wall Street, and has played a starring role in the political scene for a quarter-century will usher in change.

‘I Can Watch It on TV’: Excuses for Republicans skipping a Donald Trump
New York Times – Jeremy Peters | Published: 6/1/2016

Prominent Republicans have announced their intention to skip the party’s national convention in Cleveland this summer, the latest sign that Donald Trump continues to struggle in his effort to unite the party behind his candidacy. The list of those who have sent regrets includes governors and U.S. senators, almost all facing tough re-election fights this year, and lifelong party devotees who have attended every convention for decades. The coolness toward Trump amounts to a remarkable rebuke. A broad range of party leaders are openly rejecting the man who will be their nominee. And the July convention, usually a moment of public catharsis for political parties after contentious primaries, is shaping up to be another reminder of the disarray and disunity that is still rocking the GOP after a bitter fight for the nomination.

From the States and Municipalities:

Alabama – Former Ethics Director Says He Advised Hubbard of Law
Montgomery Advertiser – Brian Lyman | Published: 5/31/2016

During testimony at Alabama House Speaker Mike Hubbard’s trial on corruption charges, the retired director of the state Ethics Commission said he often cautioned Hubbard about actions that would violate state law. Prosecutors called Jim Sumner to give jurors a tutorial on the law and to try to show Hubbard willfully ignored his advice. Hubbard faces 23 felony ethics charges accusing him of using his political positions to make money and solicit work, investments, and clients from people with business before the Legislature. Prosecutors say Hubbard improperly used the “mantle of his office” to benefit his businesses and clients. Hubbard has maintained the transactions were legal and permitted under the exceptions the state ethics law provides for normal business dealings and longstanding friendships.

California – In California, Varied Election Filing Practices Reveal a System Struggling to Catch Up
Los Angeles Times – Kaitlyn Landgraf and Ana Santos | Published: 5/31/2016

California accepted the first electronic filing of a campaign statement in U.S. history in 1998. Little has changed since then. More than half of the state’s counties, most of them small and rural, do not provide online access to campaign finance records, and they say they are not likely to change any time soon. Some counties say shifting online would be too expensive given tight budgets. Others have implemented electronic filing systems, but have not made them mandatory for candidates and committees. That means it is more difficult to determine whom local donors are, how much money they raised, and for which campaigns. Counties operate independently because there is no state law requiring online filing.

California – Quizzing the Candidates Leaves a Secret Paper Trail
CALmatters – Laurel Rosenhall | Published: 5/25/2016

The document from the Service Employees International Union reads like a contract, asking candidates seeking a seat in the California Legislature to pledge support for workers organizing unions. It lists priority issues and asks if the candidate will be a “supporter,” “champion,” or “partner” as the union pursues its agenda in Sacramento. Such questionnaires are a staple of electoral politics. The surveys can help sift a field of contestants as decisions are made about how to spend campaign money. By locking potential legislators into a position before they are even elected, questionnaires may also influence policy-making in a way that excludes the public and raises ethical questions. Out of view from voters, they can create private covenants between soon-to-be public officials and the groups that will lobby them. “It’s the smoke-filled backroom of politics,” said Sen. Steve Glazer.

Colorado – Councilman Says He Will Start Drafting Changes to Denver Code of Ethics
Denver Post – Jon Murray | Published: 5/29/2016

City Councilperson Kevin Flynn said he will draft a bill to reform Denver’s ethics law. Flynn said he likely would include a proposed gift limit. It would set a maximum annual value of $250 per donor or business on gifts of meals and event tickets to officials or employees who are in a position to take action that benefits the donor. It is still unclear how strong the council’s appetite for stronger ethics rules will be. Previous councils have been resistant, but Flynn says his sense is the current council is more likely to support most of the changes under discussion.

Florida – Prison Inspectors Detail Alleged Interference in Their Investigations
Miami Herald – Mary Ellen Klas | Published: 6/1/2016

Two investigators filed a lawsuit accusing the Florida Department of Corrections of retaliating against them for alleging cover-ups, inmate abuse, and political interference on behalf of a company whose lead lobbyist became Gov. Rick Scott’s general counsel. Doug Glisson and John Ulm allege their bosses systematically tried to discredit them and set them up for demotions by concocting charges, violating agency procedures, and even forging signatures. They claim the governor’s office has wielded influence over agency investigations and point to both the governor’s former top lawyer, Pete Antonacci, and his chief inspector general, Melinda Miguel, as being involved.

Kentucky – Governor Gets 237 Derby tickets. Who Uses Them?
Louisville Courier-Journal – Tom Loftus | Published: 5/27/2016

Lobbyists, campaign donors, and state officials continued to buy prime tickets to the Kentucky Derby and Kentucky Oaks this year from the batch that Churchill Downs sets aside for sale to the governor’s group. For years, governors and Churchill Downs say the sale of so many tickets to the governor’s group is intended as an economic development tool for the state. And the list of those who got the tickets this year from the governor’s allocation shows 62 of the Millionaires’ Row seats went to guests of the state Economic Development and Tourism cabinets. But lobbying firms McCarthy Strategic Solutions and McBrayer, McGinnis, Leslie, and Kirkland each bought batches of tickets through the governor’s allotment.

Montana – Group of Republicans Call for Special Session on Campaign Finance
Helena Independent Record – Holly Michels | Published: 5/31/2016

Ten Montana lawmakers filed paperwork to ask for a special session of the Legislature to fix what the group calls “defects” in state law governing campaign contributions and close a loophole that allows for cash from PACs to flow to candidates without limit. Contribution limits put in place by Commissioner of Political Practices Jonathan Motl recently are disproportionately low to that of surrounding states, the Republican lawmakers argue in the filing. The secretary of state will send legislators a ballot to vote on if they favor a special session. If a majority of the reply affirmatively to the poll, the secretary of state will let each lawmaker know the time and day the special session will convene.

New York – De Blasio Doled Out City Appointments from Shady Spreadsheet of Big Campaign Donors
New York Daily News – Jennifer Fermino and Greg Smith | Published: 5/31/2016

Campaign donors, lobbyists doubling as bundlers, lawyers, and real estate developers were listed on a spreadsheet of 97 names from which top officials in the administration of New York City Mayor Bill de Blasio were said to have selected key appointments during his first months in office. Ultimately, at least 43 of the 97 individuals appearing on the spreadsheet accepted at least one appointment. “Confidential notes” on the list reveal the prospective candidate’s business ties, but do not highlight actual qualifications for specific appointments. They do, however, reference support for the mayor, sometimes in financial terms.

Oregon – Lobbying, Campaign Contributions Give Special Interests Clout
Hillsboro Tribune – Hillary Borrud | Published: 5/30/2016

The combination of spending on lobbying and campaign contributions is common practice for many companies and interest groups in Oregon, which has no limits on the size of political donations and expenditures. But it is difficult for the public to track the connection because the state uses separate systems to record campaign and lobbying spending. The state also does not require lobbyists to disclose if they play a role in raising campaign money. Dan Meek, co-chairperson of the Independent Party of Oregon, said he is more concerned about the lack of campaign contribution limits than lobbyist spending. “Lobbying expenses and reporting is overshadowed by campaign contributions,” Meek said. “I also think lobbyists are only as effective as the campaign contributions they can deliver.”

Pennsylvania – Investigation Puts Scrutiny on Lobbyists, Political Ties
Pittsburgh Tribune-Review – Brad Bumsted and Mike Wereschagin | Published: 5/28/2016

Approximately 900 lobbyists spent more than $500 million last year to influence lawmakers in the Pennsylvania General Assembly. Those same lawmakers pay some lobbyists, many of them their former aides, to run their election campaigns, meaning each relies on the other for millions of dollars every election cycle. Pennsylvania’s lobbying industry is under increased scrutiny as a result of a federal investigation; the probe resulted in the guilty plea of lobbyist John Estey to wire fraud. It occurs as those seeking to reform the industry push for full spending disclosure, a gift ban, and an end to lobbyists running legislative campaigns.

Texas – Texas Ethics Commission Tightens Rules on Trips Paid by Lobbyists
Austin American-Statesman – Sean Collins Walsh | Published: 6/1/2016

The Texas Ethics Commission voted to make it more difficult for lobbyists and lawmakers to take advantage of an exemption in state law that allows special interests to fund educational trips. Under the new rule, lobbyists can only pay for trips that are necessary for the official to obtain information relevant to state business; a trip must be the only way the official can obtain the information; and the outing must not be for a “merely ceremonial event or pleasure trip.” Commissioner Paul Hobby had said lobbyists asked for the increased regulation because they were being asked to pay for so many trips.

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

Nebraska: “Money Spent on Lobbying Nebraska Legislature Hit Record $15.6 Million in 2015” by Joe Duggan (Omaha World-Herald) for Kearney Hub

Texas: “Texas Ethics Commission Tightens Rules on Trips Paid by Lobbyists” by Sean Collins Walsh for Austin American-Statesman

Campaign Finance

“The Price of Public Money” by Marilyn Thompson for The Atlantic

California: “In California, Varied Election Filing Practices Reveal a System Struggling to Catch Up” by Kaitlyn Landgraf and Ana Santos for Los Angeles Times

Minnesota: “DFL Rep. Joe Atkins, GOP Rep. Joe Hoppe Hit for Campaign Violations” by Rachel Stassen-Berger and David Montgomery for St. Paul Pioneer Press

Oregon: “Another Strikeout for Limiting Big Money in Oregon Politics” by Taylor Anderson for Bend Bulletin

Ethics

Alabama: “Former Ethics Director Says He Advised Hubbard of Law” by Brian Lyman for Montgomery Advertiser

Arizona: “Judge Tosses Last Bid to Get Arizona Regulator Stump’s Texts” by Howard Fischer (Capitol Media Services) for Arizona Daily Star

Florida: “Prison Inspectors Detail Alleged Interference in Their Investigations” by Mary Ellen Klas for Miami Herald

New York: “De Blasio Doled Out City Appointments from Shady Spreadsheet of Big Campaign Donors” by Jennifer Fermino and Greg Smith for New York Daily News

Elections

“I Can Watch It on TV’: Excuses for Republicans skipping a Donald Trump” by Jeremy Peters for New York Times

“Can Donald Trump Win? These Battleground Regions Will Decide” by Jonathan Martin, Alexander Burns, Trip Gabriel, and Fernanda Santos for New York Times

Lobbying

Florida: “Broward Health Will Start Lobbyist Registration in June” by Dan Christensen and Karla Bowsher for FloridaBulldog.org

Illinois: “Daily Fantasy Sports Betting Bill Shelved amid Lobbying Accusation” by Ivan Moreno (Associated Press) for State Journal-Register

Oregon: “Lobbying, Campaign Contributions Give Special Interests Clout” by Hillary Borrud for Hillsboro Tribune

Pennsylvania: “Investigation Puts Scrutiny on Lobbyists, Political Ties” by Brad Bumsted and Mike Wereschagin for Pittsburgh Tribune-Review

Rhode Island: “Rhode Island Senate Passes Lobby Reform” by Matt O’Brien (Associated Press) for WJAR

Campaign Finance

Minnesota: “Campaign Regulatory Board Stymied by Legislature” by Brian Bakst for Minnesota Public Radio

Montana: “Group of Republicans Calls for Special Session on Campaign Finance” by Holly Michels for Helena Independent Record

Ethics

Colorado: “Councilman Says He Will Start Drafting Changes to Denver Code of Ethics” by Jon Murray for Denver Post

Kentucky: “Governor Gets 237 Derby Tickets. Who Uses Them?” by Tom Loftus for Louisville Courier-Journal

New York: “SUNY Polytechnic Office Scoured for Evidence of Bid Rigging” by Jesse McKinley for New York Times

Elections

“Clinton’s Challenge: Become a change agent in a year shaped by voter” by Philip Rucker for Washington Post

Lobbying

Illinois: “Rauner Board Asked Builders to Lobby Lawmakers” by The Associated Press for Crain’s Chicago Business

Nevada: “Council Votes to Delay Passing Lobbyist Registration Ordinance” by Anjeanette Damon for Reno Gazette-Journal

Oregon: “As Spending on Lobbying Increases, Transparency Remains Murky” by Hillary Borrud for East Oregonian

Campaign Finance

Kansas: “Amid Criticism, Kansas Launches New Campaign Finance Website” by Peter Hancock for Lawrence Journal World

Montana: “Judge Issues Stay Reinstating Campaign Contribution Limits from Political Parties” by Holly Michels for Helena Independent Record

Ethics

Rhode Island: “Ethics Commission Considers Election-Season Blackout” by Matt O’Brien (Associated Press) for WJAR

Elections

“Do Sanders Supporters Favor His Policies?” by Christopher Achen and Larry Bartels for New York Times

“Obama Can’t Endorse During the Democratic Primary, So He’s Just Pointing Out How Hard the Job Is Instead” by Christi Parsons and Michael Memoli for Los Angeles Times

“Trump Reaches the Magic Number to Clinch Nomination” by The Associated Press for Yahoo!News

National:

Getting a Photo ID So You Can Vote Is Easy. Unless You’re Poor, Black, Latino or Elderly.
Washington Post – Suzi Horwitz | Published: 5/23/2016

In November, 17 states will have voting restrictions in place for the first time in a presidential election. Supporters say everyone should easily be able to get a photo ID and the requirement is needed to combat voter fraud. But many election experts say the process for obtaining a photo ID can be far more difficult than it looks for hundreds of thousands of people across the country who do not have the required photo identification cards. Those most likely to be affected are elderly citizens, African Americans, Hispanics, and low-income residents.

Federal:

A Growing Concern in Cleveland: Chaos off the convention floor
Washington Post – Ed O’Keefe | Published: 5/25/2016

Fears of chaos inside the Republican National Convention have subsided as Donald Trump has tightened his grip on the party’s presidential nomination. But outside the arena, an assortment of planned demonstrations and marches is raising safety concerns about what happens when protesters, police, and convention participants converge on the streets of Cleveland. Many are increasingly worried the city is ill-prepared to deal with the tens of thousands of people that are expected to descend on Cleveland in July.

As Donald Trump Pushes Conspiracy Theories, Right-Wing Media Gets Its Wish
New York Times – Jonathan Martin | Published: 5/25/2016

Ever since talk radio, cable news, and the Internet emerged as potent political forces on the right, Republicans have used those media to attack their opponents. Political operatives would secretly place damaging information with friendly outlets like Fox News and with radio hosts like Rush Limbaugh, and then they would work to get the same information absorbed into the mainstream media. Candidates themselves would avoid being seen slinging mud. Yet by personally broaching topics like Bill Clinton’s marital indiscretions and the conspiracy theories surrounding the suicide of Vincent Foster, a Clinton White House aide, Donald Trump is again defying the norms of presidential politics and fashioning his own style. Trump has begun a real-life political science experiment: what happens when a major party’s nominee is more provocateur than politician?

Despite Recommendations, FEC Won’t Pursue Charges that Murray Energy Coerced Campaign Donations from Employees
Cleveland Plain Dealer – Sabrina Eaton | Published: 5/23/2016

Despite the fact that FEC staff found “reason to believe” Robert Murray and his company violated federal law by coercing employees to donate to and support Republican candidates, the agency will not pursue charges. During the 2012 election, Murray Energy workers said they were required to attend a rally for Mitt Romney. Other employees later said they were pushed to donate to Romney. An FEC report states “the record suggests Murray solicited employees for contributions to individual candidates in a manner that further elevated the pressure to contribute, including the implicit threat that potential job-related reprisals may follow for not doing so.” The FEC’s three Democratic members released a statement expressing fear the precedent would let corporations “feel they may ride roughshod over the rights of their employees.”

Hillary Clinton Is Criticized for Private Emails in State Dept. Review
New York Times – Steven Lee Myers and Eric Lichtblau | Published: 5/25/2016

The State Department’s inspector general criticized Hillary Clinton’s exclusive use of a private email server while she was secretary of state, saying she had not sought permission to use it and would not have received approval if she had. The report sent to members of Congress undermined some of Clinton’s previous statements defending her use of the server. The report, as well as an FBI investigation and other legal challenges seeking information about her emails, is certain to keep alive a controversy that has shadowed Clinton’s campaign for president.

Lawmakers’ Dues to Party: ‘Extortion’ or team effort?
USA Today – Deirdre Shesgreen and Christopher Schnaars | Published: 5/25/2016

At the start of each two-year election cycle, the Democratic and Republican campaign committees set up elaborate contribution programs, in which the U.S. House leaders, committee chairpersons, veteran lawmakers, and even relative newcomers are given fundraising goals. Lawmakers get credit for paying their so-called dues when a donor they have contacted gives to the campaign committees, or when they transfer money from their own accounts to the committees. Those who make or exceed their expected dues are considered “team players,” a label that lifts their chances of landing plum committee assignments. Senators do the same thing, although the quotas appear to be more loosely enforced. “It is clear that political party fundraising has been moved directly into Congress, at levels never imagined by the Founders,” said U.S. Rep. Marcy Kaptur.

NFL Tried to Influence ‘Unrestricted’ Research Gift, Congressional Report Says
Washington Post – Rick Maese | Published: 5/23/2016

When the National Football League (NFL) agreed in 2012 to donate tens of millions of dollars to concussion research overseen by the National Institutes of Health, it was widely seen as a positive turning point in football’s long history of playing down the long-term effects of brain injuries on players. At the time, the league said it would have no influence over how the money was used. But the NFL and its head, neck, and spine committee worked to improperly influence the government research, trying to steer the study toward a doctor with ties to the league, according to a congressional committee.

From the States and Municipalities:

Alabama – One-Time Rising Star Hubbard to Stand Trial on Ethics Charges
AL.com – Mike Cason | Published: 5/22/2016

Alabama House Speaker Mike Hubbard is on trial on charges he used his political position to make money and obtain financial favors from lobbyists and company executives with business before the Legislature. Hubbard faces 23 felony ethics charges accusing him of steering Republican campaign work to his media companies and using his office to obtain employment, investments, and benefits for his companies. Prosecutors have painted him as a politician consumed by greed as he climbed to the top of the state’s political hierarchy and desperate to obtain work when being laid off by his primary employer, Auburn University’s IMG Sports Network.

Florida – Facing Bribery Charges, Opa-locka Commissioner Rams SUV into Tree, Killing Himself
Miami Herald – Charles Rabin, Jay Weaver, David Ovalle, and Michael Sallah | Published: 5/24/2016

Days before Opa-locka Commissioner Terence Pinder was ordered to turn himself over to prosecutors on corruption charges, he agonized to a friend over the shame of his imminent arrest. He fretted over the ordeal of fighting bribery charges for a second time in his political career, and wondered how he would ever be able to pay the legal costs. Hours later, he revved up the engine of his city-leased Chevy Tahoe, sped across several hundred yards of a grassy field, and rammed into a towering banyan tree. The impact killed him instantly. Pinder’s suicide represents another crisis for a city on the verge of a financial takeover by the state over massive debts and a corruption scandal that has led to a sweeping FBI investigation into its most powerful leaders.

Hawaii – Hawaii Lawmakers Again Balk at Ethics, Lobbying Reform
Honolulu Civil Beat – Nathan Eagle | Published: 5/23/2016

The Hawaii Ethics Commission tracked more than 16 bills related to ethics and lobbying this past legislative session, which ended May 5. Each one died, many without a public hearing. “I think it sends a bad message to the people about the Legislature’s commitment to open and responsible government when nearly all bills related to ethics and transparency just die a non-transparent death at the end,” said Rep. Matt LoPresti, who introduced a measure to restrict lawmakers’ use of their official position for personal benefit.

Missouri – Impact of Missouri’s ‘Revolving Door’ Lobbyist Law Questioned
Kansas City Star – Jason Hancock | Published: 5/23/2016

Under a new law in Missouri, legislators must wait six months after the end of their term before they can return to the Capitol to lobby their former colleagues. That would delay a lawmaker’s lobbying career until after the next legislative session. Bu opponents of the legislation said it was just window dressing. After a year marked by scandal, including the resignations of two lawmakers over inappropriate conduct with interns, the reform that ultimately was accomplished will do little to change the culture in Jefferson City, said Sen. Jason Holsman. “We concoct these solutions that don’t do anything but make us feel good, and someone can write a story saying we’ve addressed the problem,” Holsman said.

Montana – Term Limits Have Weakened Legislature, Some Observers Say
Helena Independent Record – Jayme Fraser | Published: 5/23/2016

Term limits have weakened Montana’s Legislature, shifting power to governors and lobbyists as well as contributing to divides within parties and a decline in bipartisan collaboration, many political observers agree. Under term limits, the Legislature lost the encyclopedic knowledge of people who worked sometimes decades on environmental regulation, taxation, or other complex topics, said Bob Brown, who served 30 years in the Legislature before being elected secretary of state. He said the lost veterans frequently offered guidance to legislators from any party.

Pennsylvania – Pa. Officials, Lobbyists Split on How to Vet Business Propositions
Pittsburgh Tribune-Review – Brad Bumsted | Published: 5/22/2016

FBI agents and operatives for decades have gone undercover as developers, racetrack lobbyists, and Arab sheiks to snare dozens of elected officials and lobbyists in corrupt transactions. Pennsylvania has been no exception, but some state officials and legal scholars question whether offering bribes to legislators is an effective way of fighting public corruption and are divided over how lawmakers should vet the validity of business propositions. “How would you know a company is flimsy?” asked Stephen Miskin, spokesperson for House Republicans. “Are we at the point where lobbyists have to hire private investigators to do background checks?”

Rhode Island – R.I. House Unanimously Approves Lobbying Bill with Stricter Penalties
Providence Journal – Jennifer Bogdon | Published: 5/24/2016

The Rhode Island House unanimously approved changes to the state’s lobbying law. The bill clarifies the definition of lobbying and strengthens penalties for those who fail to register, allowing for fines of up to $5,000 and a revocation of registration for up to three years. It also requires monthly reporting from January through June and quarterly reporting from July through December, among other reforms. An identical version of the legislation is scheduled for a full vote of the Senate.

Virginia – Inquiry Highlights Terry McAuliffe’s Ties to Chinese Company
New York Times – Nicholas Confessore and Stephanie Saul | Published: 5/24/2016

Virginia Gov. Terry McAuliffe is the subject of an ongoing investigation by the FBI and prosecutors from the Justice Department’s public integrity unit, officials briefed on the probe say. Investigators are examining the relationship between the Dandong Port Group’s wealthy and connected chairperson, Wang Wenliang, and the governor. A federal law enforcement official said the inquiry included $120,000 in contributions that a New Jersey construction firm controlled by Wang made to McAuliffe’s 2013 campaign and inaugural committee. The investigation also encompasses McAuliffe’s role as a board member of the Clinton Foundation, to which another company linked to Wang pledged a $2 million contribution in 2013.

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.

On May 25, U.S. District Judge Charles Lovell partially stayed his order from May 17 striking Montana’s contributions limits. On May 17, Lovell ruled the state’s current statutory campaign finance contribution limits were unconstitutionally low. The state determined the ruling reinstated the contribution limits in place before the statute was enacted.

However, the contribution limits allowed from political parties in the previously enacted law were lower than the amounts ruled unconstitutionally low. Because of this, the court issued its partial stay as to the amount political parties may contribute. All other contribution limits will remain from the reinstated law, adjusted for inflation. The partial stay will remain in effect pending the state’s appeal of the entire case to the 9th U.S. Circuit Court of Appeals.

Lobbying

California: “California Senate Votes to Ban Private Talks at Coastal Board” by Alexei Koseff for Sacramento Bee

Rhode Island: “R.I. House Unanimously Approves Lobbying Bill with Stricter Penalties” by Jennifer Bogdan for Providence Journal

Campaign Finance

New York: “Gov. Andrew Cuomo Offers Eight Options to End LLC Campaign Cash” by Casey Seiler for Albany Times-Union

Ethics

“These States Are Stepping Up to Reform Money in Politics in 2016” by Paul Blumenthal for Huffington Post

“State Dept. Inspector General Report Sharply Criticizes Clinton’s Email Practices” by Rosalind Helderman and Tom Hamburger for Washington Post

Florida: “Facing Bribery Charges, Opa-locka Commissioner Rams SUV into Tree, Killing Himself” by Charles Rabin, Jay Weaver, David Ovalle, and Michael Sallah for Miami Herald

Elections

“This Is What the Future of American Politics Looks Like” by Michael Lind for Politico

“As Donald Trump Pushes Conspiracy Theories, Right-Wing Media Gets Its Wish” by Jonathan Martin for New York Times

Ohio: “Ohio’s Limits on Early Voting Are Discriminatory, Judge Says” by Richard Pérez-Peña for New York Times

Gov. Andrew Cuomo has proposed eight bills to the state Legislature to close a controversial loophole in campaign finance law permitting limited liability companies (LLCs) to make donations up to $60,800 per statewide candidate, with an aggregate limit of $150,000.

Each bill offers different levels of control over LLC funding with one seeking to close the loophole for all candidates running for state office, another impacting only gubernatorial and state Legislature candidates, and four separate bills aiming to close the loophole for at least one state office.

All of the bills propose to bring the LLC contribution limit in line with state limits on corporate contributions to candidates and committees, which are currently set at $5,000 annually.