September 17, 2015 •
Thursday News Roundup
Lobbying Kansas: “Lobbyist Lunches Rankle KanCare Critics” by Andy Marso for KCUR South Carolina: “Ethics Board: It’s legal for Haley to get season tickets” by Seanna Adcox (Associated Press) for Kitsap Sun Campaign Finance “Can Anything Be Done About All […]
Lobbying
Kansas: “Lobbyist Lunches Rankle KanCare Critics” by Andy Marso for KCUR
South Carolina: “Ethics Board: It’s legal for Haley to get season tickets” by Seanna Adcox (Associated Press) for Kitsap Sun
Campaign Finance
“Can Anything Be Done About All the Money in Politics?” by Thomas Edsall for New York Times
“Why Clinton’s Big Campaign Finance Proposal Could Lead to More Partisan Gridlock” by Max Ehrenfreund for Washington Post
“Donald Trump Is Target of Conservative Ad Campaign” by Nicholas Confessore and Alan Rappeport for New York Times
Ethics
“Across the Globe, a Growing Disillusionment with Democracy” by Roberto Foa and Yascha Mounk for New York Times
Alabama: “Legal Defense Bill Draws Alabama Ethics Commission Fire” by Brian Lyman for Montgomery Advertiser
California: “Sacramento City Council Approves Ethics Package” by Cathy Locke for Sacramento Bee
Maryland: “County Ethics Commission to Grow, Get More Power under Proposed Bill” by Jen Fifield for Frederick News Post
Pennsylvania: “‘This Is Just Aggressive Government,’ Lawyer Says as Ex-Mayor Reed’s Corruption Case Goes to County Court” by Matt Miller for Harrisburg Patriot-News
September 16, 2015 •
Wednesday Government Relations News
Lobbying Arizona: “Second Arizona Corporation Commissioner Regulator Found to Be Lobbyist” by Ryan Randazzo for Arizona Republic California: “San Diego Lobbyist Fee Nearly Quadruples” by David Garrick for San Diego Union-Tribune Campaign Finance “Twitter Offers New Cash Stream for Presidential […]
Lobbying
Arizona: “Second Arizona Corporation Commissioner Regulator Found to Be Lobbyist” by Ryan Randazzo for Arizona Republic
California: “San Diego Lobbyist Fee Nearly Quadruples” by David Garrick for San Diego Union-Tribune
Campaign Finance
“Twitter Offers New Cash Stream for Presidential Candidates” by Julie Bykowicz (Associated Press) for Philadelphia Inquirer
“Democrats Seek to Expand Use of ‘Super PACs’” by Nicholas Confessore for New York Times
Ethics
“Statehouse Sex Scandals Carry Public Costs, Consequences” by David Lieb (Associated Press) for Charlotte Observer
Florida: “Florida Ethics Commission Balks at Forcing Spouses of Elected Officials to Reveal Finances” by Steve Bousquet for Tampa Bay Times
Minnesota:”Lawmakers Accused of ‘Making Out’ in Park Apologize for Calling Ranger a Liar” by David Montgomery and Rachel Stassen-Berger for St. Paul Pioneer Press
New York: “Leaders of Moreland Commission Panel Felt Cuomo Intervened, Prosecutors Say” by Benjamin Weiser, Thomas Kaplan, and Susanne Craig for New York Times
New York: “William Scarborough, Ex-New York Assemblyman, Is Sentenced to 13 Months” by The Associated Press for New York Times
Wisconsin: “Knudson on GAB: ‘We need to take this thing apart’” by M.D. Kittle for Wisconsin Watchdog
September 11, 2015 •
News You Can Use Digest – September 11, 2015
National: Data Scientists Create a Tool That Tracks the Influence of Lobbying Groups on Legislation Chicago Inno – Karis Hustad | Published: 9/8/2015 Though it is common practice, it is hard to track how often the language used in laws – […]
National:
Data Scientists Create a Tool That Tracks the Influence of Lobbying Groups on Legislation
Chicago Inno – Karis Hustad | Published: 9/8/2015
Though it is common practice, it is hard to track how often the language used in laws – particularly controversial ones – can come from lobbying groups, given the vast amounts of information that would need to be analyzed across 50 states. Now, the University of Chicago’s Data Science For Social Good created a tool that will launch later this year that can match legislation across state lines, offering journalists, researchers, and watchdogs an efficient way to track lobbyists’ influence. “I don’t think people are aware of when [lawmakers] do this and why,” said Matt Burgess, a doctoral student and one of the fellows on the project. “No one has been able to study at large scale how this copying happens. Legislators … know the process but no one from the outside can look in at how this diffusion happens in states over time.”
Food Industry Enlisted Academics in G.M.O. Lobbying War, Emails Show
New York Times – Eric Lipton | Published: 9/5/2015
Monsanto executives were worried about attacks on the safety of their genetically modified seeds. So Monsanto and its industry partners retooled their lobbying and public relations strategy to spotlight a rarefied group of advocates: academics, brought in for the gloss of impartiality and weight of authority that come with a professor’s pedigree. Emails obtained by The New York Times provide a rare view into the strategy and tactics of a lobbying campaign that has transformed ivory tower elites into powerful players. The use of third-party scientists, and their supposedly unbiased research, helps explain why the American public is often confused as it processes the conflicting information over genetically modified food.
Federal:
17 Democrats Ran for President in 1976. Can Today’s GOP Learn Anything from What Happened?
Politico – Julian Zelizer | Published: 9/7/2015
Conservatives worry the unruly competition for the Republican presidential nomination will undermine the capacity of any person to unite the party and win the general election. “What we’ve got is a confederation of a lot of candidates who aren’t standing out,” said one GOP establishment figure. Yet Republicans can find solace in the history the 1976 election, when approximately 17 Democrats, most current and former elected officials, competed to succeed President Gerald Ford. Despite a fractious and crowded primary battle filled with unexpected twists and turns, one candidate was eventually able to unite the party, and the Democrats took the White House in November.
Hillary Clinton Announces Campaign Finance Overhaul Plan
New York Times – Amy Chozick and Nicholas Confessore | Published: 9/8/2015
Hillary Clinton’s presidential campaign unveiled its campaign finance reform plan, pledging to push for more significant disclosure of political contributions, establish a small-donor matching system for congressional and presidential candidates, and support a Securities and Exchange Commission rule requiring publicly traded companies to disclose political spending to shareholders. Clinton also said she would sign an executive order requiring federal contractors to fully disclose all political spending. The announcement was hailed by supporters of tighter financial rules for candidates, who have struggled to make political money a burning campaign issue despite surveys showing widespread disgust with current rules. But each proposal has run into resistance from Republicans and business groups.
Talk in G.O.P. Turns to a Stop Donald Trump Campaign
New York Times – Nicholas Confessore | Published: 9/4/2015
Although there is acute anxiety in the GOP about Donald Trump’s rise, no organized effort to undercut him has emerged. Republican strategists and donors have assembled focus groups to test negative messages about Trump. They have amassed dossiers on his previous support for universal health care and higher taxes. They have even discussed the creation of a super PAC to convince conservatives that Trump is not one of them. But the mammoth big-money network assembled by Republicans in recent years is torn about how best to defuse the threat Trump holds for their party, and haunted by the worry that any concerted attack will backfire.
From the States and Municipalities:
California – San Jose Commission Will Investigate Nearly the Entire City Council
San Jose Mercury News – Ramona Giwargis | Published: 9/9/2015
The San Jose Ethics Commission will investigate nearly 40 city council members and candidates who violated the law by failing to properly report late campaign contributions. Council members blamed City Clerk Toni Taber for doling out bad advice that led to confusion about filing deadlines. The commission determined the unprecedented broad investigation was the only way to stop people from filing individual complaints against each violator.
Hawaii – Lawsuit Exposes Blind Spot in Hawaii Lobbyist Law
Honolulu Civil Beat – Ian Lind | Published: 9/9/2015
Hawaii has filed suit against Ciber, accusing it of misrepresenting its capabilities when competing for a contract to design and implement a new accounting system for the Department of Transportation (DOT), and then fraudulently billing the state even as the new system failed test after test, and fell behind schedule. The state is seeking to recover the $8 million it paid Ciber, plus millions more in damages. The lawsuit alleges Ciber hired Capital Consultants and one of its principals, John Radcliffe, to lobby within Gov. Neil Abercrombie’s administration. The state alleges Ciber’s lobbying succeeded in getting the governor’s office to intervene and insulate the company from DOT’s increasing demands. Hawaii law does not regulate the kind of lobbying alleged in the lawsuit, because it was aimed at influencing the governor’s office and the state administration rather than members of the Legislature.
Maine – Maine Voters Hope To Restore Their Revolutionary Election System
Huffington Post – Paul Blumenthal | Published: 9/4/2015
Maine was the first state to enact a public financing system for statewide elections. This year, it hopes to become the first state to fix the damage inflicted on clean elections by multiple U.S. Supreme Court decisions. Deb Simpson, who served in the state Legislature from 2000 to 2010, was a single mother working as a waitress when she first ran for office using public funds. She said the system gave her “the resources without having to figure out how to ask for money from donors when I really didn’t live in that world.” But after the Supreme Court expanded the ability of corporations and unions to influence elections, participation in Maine’s system dropped as the state was inundated with spending by outside groups and public funding participants were left with no backstop of matching funds.
Missouri – Report: Lobbyist goodies for Missouri lawmakers topped $10M over past decade
St. Louis Post-Dispatch – Kevin McDermott | Published: 9/9/2015
Progress Missouri analyzed lobbyist-disclosure reports of the state Ethics Commission going back to 2004 and found lawmakers accepted an average of nearly $1 million a year in gifts from lobbyists. The bulk of that spending fell under a provision in the law that allows lobbyists to report their expenditures as going to groups, such as certain committees or caucuses, without specifying which lawmakers were the actual recipients. Among the top recipients was former Sen. Paul LeVota, who recently resigned following sexual harassment allegations from two of his legislative interns.
Missouri – When It Comes to Behavior, Legislators Aren’t Expected to Change When They Return to Jeff City
St. Louis Public Radio – Jo Mannies and Marshall Griffin | Published: 9/8/2015
When legislators return to the Missouri capital for their annual veto session, they will also be gathering for the first time since the furor over sexual misconduct allegations involving interns sent two top lawmakers packing. The alcohol will be flowing at J. Pfenny’s sports bar as several lawmakers, or hopefuls, hold simultaneous fundraisers at the popular bar situated just a couple blocks from the Capitol. Sean Nicholson, executive director of watchdog group Progress Missouri recalls someone else’s description of the General Assembly’s ambience that he says rings true: “It’s like freshman year in college: lots of free booze, lots of 19-year-old girls, and nobody’s done their homework.”
New Jersey – United C.E.O. Is Out Amid Inquiry at Port Authority
New York Times – Kate Zernike and Jad Mouawad | Published: 9/8/2015
United ousted Chief Executive Officer Jeff Smisek and two of his lieutenants while federal investigators probe the airline’s ties to David Samson, the former chairperson of the Port Authority of New York and New Jersey. Smisek’s abrupt exit added a new element to the inquiry into whether Samson got United to restart a money-losing route to his weekend home in South Carolina in exchange for political favors. A longtime ally of New Jersey Gov. Chris Christie, Samson resigned in the wake of “Bridgegate,” a scandal in which Christie staffers and appointees appeared to collude to create traffic jams, allegedly to hurt the mayor of Fort Lee, who had not endorsed Christie in that year’s gubernatorial campaign. The probe initially centered on the lane closures, but it has expanded into other behavior at the authority.
New York – LLC Loophole Penalty Could Hinder NY Donors
Albany Times Union – Chris Bragg | Published: 9/8/2015
A settlement agreement was reached in a lawsuit filed by the state Board of Elections’ independent enforcement counsel Risa Sugarman targeting the “LLC loophole.” Sugarman filed the suit against former New York Assembly candidate Shirley Patterson and her campaign treasurer. It challenged the idea that coordinated donations to Patterson’s campaign made through various limited liability companies allegedly controlled by the same person count separately under contribution limits. The suit contended several donors exceeded the $4,100 cap for an individual in the race. Patterson’s campaign committee will pay $10,000 to end the lawsuit. Legal experts said the payment and the precedent of the settlement could act as a near-term deterrent to LLC giving.
New York – Serpico, Seeking Seat on Town Board, Sees Corruption and Pledges to Fight It
New York Times – Corey Kilgannon | Published: 9/5/2015
Frank Serpico is running for a seat on the five-member town board in Stuyvesant, New York, a town of about 2,200 people. Serpico’s whistle-blowing as a New York City police officer made him a household name, led to the formation of the Knapp Commission to investigate corruption, and resulted in a best-selling book and critically acclaimed film starring Al Pacino. For Serpico, who is constantly complaining about a lack of integrity among politicians, it is the first time he has stepped into the political arena.
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.
September 9, 2015 •
Wednesday Government Relations News
Campaign Finance California: “‘Power Search’ Offers New Tool to Follow California Campaign Money” by Jim Miller for Sacramento Bee Florida: “Miami Beach Commissioner Closing Controversial Relentless for Progress PAC” by Joey Flechas for Miami Herald Iowa: “Iowa’s Medicaid Management: A […]
Campaign Finance
California: “‘Power Search’ Offers New Tool to Follow California Campaign Money” by Jim Miller for Sacramento Bee
Florida: “Miami Beach Commissioner Closing Controversial Relentless for Progress PAC” by Joey Flechas for Miami Herald
Iowa: “Iowa’s Medicaid Management: A game of pay to play?” by Jason Clayworth for Des Moines Register
Maine: “Maine Voters Hope To Restore Their Revolutionary Election System” by Paul Blumenthal for Huffington Post
Montana: “Rules Aimed at Cracking down on Campaign ‘Dark Money’ Come in for Criticism” by Mike Dennison for KPAX
Ethics
“Sanders to Introduce Bill Targeting High Drug Prices” by Peter Sullivan for The Hill
“Report Finds ‘Reason to Believe’ Rep. Honda’s Campaign Blurred Ethics Lines” by Noah Bierman for Los Angeles Times
Elections
California: “California Is Trying Everything to Get More People to Vote” by Alice Ollstein for ThinkProgress
September 4, 2015 •
News You Can Use Digest – September 4, 2015
Federal: Lobbying Firm Fined for Disclosure Violations Center for Public Integrity – Dave Levinthal | Published: 8/28/2015 The Carmen Group will pay a $125,000 fine to settle allegations that it repeatedly violated the Lobbying Disclosure Act by failing to disclose some […]
Federal:
Lobbying Firm Fined for Disclosure Violations
Center for Public Integrity – Dave Levinthal | Published: 8/28/2015
The Carmen Group will pay a $125,000 fine to settle allegations that it repeatedly violated the Lobbying Disclosure Act by failing to disclose some of its lobbying activities and political contributions. The Center for Public Integrity had cited vague disclosure by the Carmen Group of its work securing $45 million in Hurricane Katrina relief loan forgiveness for client Xavier University of Louisiana as a leading example of toothless federal lobbying laws in need of reform. The settlement did not specifically mention the Xavier case. Both the House and Senate referred the firm to prosecutors for failing to file some quarterly reports, and individual lobbyists registered to work on behalf of its clients were accused of failing to file semi-annual reports of campaign donations.
From the States and Municipalities:
California – FBI Raids Palm Springs City Hall in Corruption Probe
USA Today – Jesse Marx and Kia Farhang (Palm Springs Desert Sun) | Published: 9/1/2015
The FBI and local agents raided Palm Springs City Hall and went to the mayor’s home as part of a corruption probe. The Palm Springs Desert Sun has published articles detailing the more than $200,000 in consulting work that Mayor Steve Pougnet did for a company owned by a developer, Richard Meaney, at a time when the firm’s business license had been suspended. Pougnet voted to sell city-owned land to Meaney and his partner for under $200,000, not long after purchasing an adjacent lot from a private owner for $1 million. The city council later voted to rescind the deal, and the California Fair Political Practices Commission is investigating Pougnet’s vote.
California – ‘Power Search’ Offers New Tool to Follow California Campaign Money
Sacramento Bee – Jim Miller | Published: 9/2/2015
Californians will have an easier time determining who is giving money to candidates and causes when a new tool becomes available on the secretary of state’s website. The antiquated CalAccess system, which shows political donations and lobbying information on the site, is clunky and difficult to use, especially for searching and sorting the data. A new search engine has been added to help users see more fully and easily, for example, the money received by candidates and ballot-measure campaigns. It will also be easier to see where industries and other special interests are concentrating their money.
California – San Jose City Clerk Given Second Chance Following Closed-Session Review
San Jose Mercury News – Ramona Giwargis | Published: 9/1/2015
The San Jose City Council decided to give City Clerk Toni Taber a second chance after a closed-session review of her job performance. Tabor had faced dismissal after her office told council members and candidates to follow the state law on reporting late campaign contributions, even though it was contrary to the city’s election law. The misinformation led to hundreds of violations for Mayor Sam Liccardo and the majority of council members, resulting in thousands of dollars of political donations being improperly reported in the past two years.
Colorado – Denver Ethics Board Floats Reforms Aimed at Boosting Public Confidence
Denver Post – Jon Murray | Published: 8/27/2015
The Denver Board of Ethics is considering a series of reforms. The changes would set a maximum annual value of $250 per donor or business for gifts of meals and event tickets to an official or employee who is in a position to take direct official action that benefits the donor. Currently, the limit is four meals or tickets, without a maximum dollar value. The proposals also would expand the definition of family members who cannot benefit from contracts or official action that are directed by an official or employee.
Illinois – Chicago Sues Red Light Camera Firm for $300 Million
Chicago Tribune – David Kidwell | Published: 8/31/2015
Chicago has brought a $300 million lawsuit against Redlex Traffic Systems based on the company’s bribery scandal involving the city’s red-light camera contract. Specifically, the city has joined a whistleblower lawsuit filed against Reflex last year by the company’s former executive vice president who was allegedly involved with the scandal. The suit alleges that John Bills, a now-retired city official who was previously responsible for managing Chicago’s red-light camera system, steered $124 million in city contracts to Redflex in exchange for cash and other personal benefits. The suit notes Redflex officials had stated the firm was following the law and the city’s ethics rules while operating the cameras.
Iowa – Iowa’s Medicaid Management: A game of pay to play?
Des Moines Register – Jason Clayworth | Published: 8/30/2015
Lobbyists and PACs representing the four companies whose proposals were selected to manage Iowa’s Medicaid program donated nearly $68,000 to the campaigns of state officials since 2010. At least another $57,000 flowed in from companies that submitted bids but failed to win the contracts. The Iowa amounts pale in comparison to $4.6 million that the four winning companies and their PACs have contributed to other governors, legislative leaders, and PACs across the country over the past five years. Critics contend such donations are part of widespread private sector efforts to shape public policy.
Maryland – Maryland Receives ‘B’ Grade on Lobbying Disclosure
Carroll County Times – Wiley Hayes | Published: 8/31/2015
The Sunlight Foundation analyzed lobbyist disclosure laws for all the states and gave Maryland a grade of “B.” Only seven states received higher scores. “Maryland is doing reasonably well in a number of categories,” said Emily Shaw, the deputy policy director for the foundation. “One of the things it does … is requiring lobbyists to provide very detailed lists of expenditures. They also do well at document accessibility. They allow people to see the documents that lobbyists fill out and how much lobbyist are paid for their work.”
Missouri – Ethics Commission Rules Dinner Violated Law, Issues No Fines
Columbia Tribune – Rudi Keller | Published: 8/31/2015
The Missouri Ethics Commission found seven lobbyists likely broke state laws requiring them to name lawmakers they buy meals for. The lobbyists were among 15 who split a nearly $5,700 dinner bill for about 40 people, including five Missouri lawmakers, during last year’s American Legislative Exchange Council meeting. The commission says the Missouri lobbyists improperly reported the meal as being bought for the General Assembly but not all lawmakers were invited. The ethics panel said the lobbyists believed all legislators had been invited and later corrected their reports to list the expenses as going toward individual lawmakers.
New Mexico – Complaint: A story of casinos, campaign money and crime
Santa Fe New Mexican – Milan Simonich, Steve Terrell, and Staci Matlock | Published: 8/29/2015
New Mexico’s attorney general filed a 64-count criminal case against Secretary of State Dianna Duran, accusing her of embezzlement, money-laundering, campaign finance violations, and other offenses. The complaint said Duran misused campaign contributions for personal expenses, adding that the investigation was sparked by a tip that she deposited large amounts of money into her personal bank account that did not line up with her known income streams. The complaint said funds were then transferred between her personal and campaign-affiliated accounts, culminating in “large debits for cash expenditures occurring at casinos throughout the state of New Mexico.”
North Carolina – Influence of Lobbyists Makes Them Practically a ‘Third House’ of Legislature
WRAL – Mark Binker | Published: 8/19/2015
Although their roles are not described in many civics textbooks, and many would rather stay out of the news altogether, very little public policy makes it through the North Carolina Legislature without input from lobbyists. Two decades ago, public policy professor Alan Rosenthal described lobbyists who plied their trade around the nation’s state House and Senate chambers as the “third house” of any particular lawmaking body. Rosenthal’s observation that “legislators, like the rest of us, are more apt to do things for individuals they like and trust,” is at once an observation about human nature, a truism of the profession, and at the root of public suspicions about lobbyists.
Oregon – Lobbying Spending Is Up. Where does the money go?
Salem Statesman Journal – Gordon Freidman | Published: 8/31/2015
Lobbyist spending has increased by more than 94 percent since 2010. “Everybody has representation in Salem for almost any conceivable interest or business,” said Paul Cosgrove, head of government relations at Lindsay Hart, a Portland law firm. Gary Conkling, a lobbyist and co-founder of CFM Communications, said as time has gone on and there are more lobbyists, one thing has been central to his work: integrity. “I can tell you when I first started, things were a little more slippery than they are today,” Conkling said.
Pennsylvania – Ex-Liquor Board Official Was Living Top-Shelf Life
Philadelphia Inquirer; Associated Press – | Published: 8/31/2015
James Short, a former top Pennsylvania Liquor Control Board (LCB) executive, will plead guilty to federal charges that he solicited and concealed kickbacks from vendors doing business with the agency overseeing the state’s 500 liquor stores. The federal probe that began last year revealed a culture in which Short and other LCB officials were entertained and handed trips and gifts from vendors seeking to do business with the state agency, one of the world’s largest buyers of alcohol.
Wisconsin – Elections Board Sends Questions about Lobbyists’ Presidential Contributions to Legislature
Minneapolis Star Tribune – Todd Richmond (Associated Press) | Published: 9/1/2015
The Wisconsin Government Accountability Board voted to ask state lawmakers to decide if and when lobbyists should be permitted to donate to Gov. Scott Walker’s presidential campaign. “When the law is silent on an issue and there is nothing to interpret, it is up to the Legislature to decide,” said board spokesperson Reid Magney. Wisconsin law allows lobbyists to give to state candidates between the day they circulate nomination papers and Election Day. But major party presidential candidates do not have to file nomination papers, creating confusion about whether lobbyists can give to them at all and over what period of time.
Wisconsin – GAB Head Told Former Employee to Tone down Comments
Milwaukee Journal Sentinel – Patrick Marley | Published: 9/1/2015
Wisconsin Government Accountability (GAB) Board Director Kevin Kennedy said his agency’s employees have personal political views but they do not make any decisions, as he tries to stave off Republican lawmakers’ plans to restructure the board. Conservatives’ calls to overhaul the GAB have grown louder following a newspaper story detailing a former staff attorney’s emails. The messages offered encouragement to an investigator looking into whether Gov. Scott Walker’s recall campaign illegally coordinated with outside conservative groups.
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.
September 3, 2015 •
New Jurisdiction Added to Our Website!
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 […]
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 recently 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: Yuma, Arizona.
September 2, 2015 •
Wednesday Government Relations News
Lobbying “Hillary Clinton Sides with Liberals on Anti-Lobbying Bill” by Sam Frizell for Time Missouri: “Ethics Commission Rules Dinner Violated Law, Issues No Fines” by Rudi Keller for Columbia Tribune Missouri: “Missouri Lawmakers Ranked by How Many Lobbyist Gifts They […]
Lobbying
“Hillary Clinton Sides with Liberals on Anti-Lobbying Bill” by Sam Frizell for Time
Missouri: “Ethics Commission Rules Dinner Violated Law, Issues No Fines” by Rudi Keller for Columbia Tribune
Missouri: “Missouri Lawmakers Ranked by How Many Lobbyist Gifts They Received” by Jason Hancock for Kansas City Star
Campaign Finance
South Carolina: “Bobby Harrell Ordered to Pay $113,475 Used for Legal Fees” by Andrew Shain for The State
Ethics
Illinois: “Chicago Sues Red Light Camera Firm for $300 Million” by David Kidwell for Chicago Tribune
Michigan: “House Report Accuses Michigan Reps. Courser, Gamrat of ‘Deceptive, Deceitful’ Misconduct” by Jonathan Oosting for Mlive.com
Pennsylvania: “Ex-Liquor Board Official Was Living Top-Shelf Life” by The Associated Press for Philadelphia Inquirer
Virginia: “McDonnell Can Remain Free While Supreme Court Decides on Review” by Robert Barnes and Matt Zapotosky for Washington Post
Elections
“Donald Trump and the Decline of the White Voter” by Janelle Ross for Washington Post
September 1, 2015 •
Ask the Experts – Political Contributions from State Vendor Employees
Q. I would like to contribute to political candidates in my state, but my company is a state vendor. Are there laws prohibiting me from making personal contributions? A. Whether an employee of a state vendor may contribute to political […]
Q. I would like to contribute to political candidates in my state, but my company is a state vendor. Are there laws prohibiting me from making personal contributions?
A. Whether an employee of a state vendor may contribute to political candidates varies widely based on jurisdiction. The answer may depend on the employee’s role in his or her company, as well as the position held by the candidate receiving the contribution.
Ohio, for example, prohibits a partner, shareholder, administrator, executor, or trustee of a state vendor from making personal contributions exceeding $1,000 to the public official with ultimate responsibility for awarding a contract during the contribution blackout period if the contract is not competitively bid. In this instance, the prohibition depends both on the title of the employee, as well as the position of the public officer receiving the contribution.
Other states prohibit contributions for contracts in certain industries. Florida prohibits individuals or firms providing legal or financial advisory assistance to the Division of Bond Finance of the State Board of Administration from making contributions to any candidate for governor or for a Cabinet position in Florida, during the contribution blackout period.
Connecticut goes so far as to prohibit certain state vendor employees from contributing to candidates, even if the employees are located out of state. For example, employees of a state vendor with the title of treasurer or executive vice president may not contribute to restricted Connecticut candidates, even if they work in another state for their company. Spouses and dependent children over age 18 of restricted employees are also prohibited from contributing.
Each jurisdiction structures its pay-to-play restrictions differently. Be sure to review the campaign finance law for the state in which you plan to contribute to determine if there are restrictions on state vendor employees or their family members.
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You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: experts@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.
September 1, 2015 •
Tuesday Lobbying and Campaign Finance News Update
Lobbying “Lobbying Firm Fined for Disclosure Violations” by Dave Levinthal for Center for Public Integrity Maryland: “Maryland Receives ‘B’ Grade on Lobbying Disclosure” by Wiley Hayes for Carroll County Times North Carolina: “Influence of Lobbyists Makes Them Practically a ‘Third […]
Lobbying
“Lobbying Firm Fined for Disclosure Violations” by Dave Levinthal for Center for Public Integrity
Maryland: “Maryland Receives ‘B’ Grade on Lobbying Disclosure” by Wiley Hayes for Carroll County Times
North Carolina: “Influence of Lobbyists Makes Them Practically a ‘Third House’ of Legislature” by Mark Binker for WRAL
Oregon: “Lobbying Spending Is Up. Where does the money go?” by Gordon Friedman for Salem Statesman Journal
Campaign Finance
New Mexico: “Complaint: A story of casinos, campaign money and crime” by Milan Simonich, Steve Terrell, and Staci Matlock for Santa Fe New Mexican
Ethics
Colorado: “Denver Officials’ Gift Disclosures Require Little Detail about Giving” by Jon Murray for Denver Post
Indiana: “Who’s Paying Pence’s Travel Tab?” by Chelsea Schneider and Tony Cook for Indianapolis Star
Maryland: “State Ethics Board Examining Martin O’Malley’s Purchase of Mansion Furniture” by Doug Donovan for Baltimore Sun
Vermont: “Pollina Calls for Stringent Ethics Rules” by Anne Galloway for VTDigger.org
August 31, 2015 •
Monday News Roundup
Campaign Finance “Hillary Clinton Reaches Deal with Democratic Party on Fundraising” by Nicholas Confessore for New York Times California: “L.A. Wants More Details about Business Groups That Donate to City Campaigns” by Emily Alpert Reyes for Los Angeles Times Connecticut: […]
Campaign Finance
“Hillary Clinton Reaches Deal with Democratic Party on Fundraising” by Nicholas Confessore for New York Times
California: “L.A. Wants More Details about Business Groups That Donate to City Campaigns” by Emily Alpert Reyes for Los Angeles Times
Connecticut: “GOP Strategist George Gallo Sentenced To Year in Prison in Political Kickback Scheme” by Edmund Mahoney for Hartford Courant
Ethics
“Ethics Battle Still Brewing Over Azerbaijan Travel” by Hannah Hess for Roll Call
Arizona: “Top Arizona Utility Regulator Faces Conflict Complaints” by Ryan Randazzo for Arizona Republic
Colorado: “Denver Ethics Board Floats Reforms Aimed at Boosting Public Confidence” by Jon Murray for Denver Post
Pennsylvania: “Bethlehem Mayor Issues Policy That Bans Gifts” by Nicole Radzievich for Allentown Morning Call
Procurement
“Business Leaders Mount Effort to Beat Back Contractor ‘Blacklisting’ Rule” by Lydia Wheeler for The Hill
Elections
“Since President Obama Took Office, 85 of 98 State Legislative Bodies Got More Republican” by Philip Bump for Washington Post
August 28, 2015 •
San Francisco Ethics Commission Releases New Tracking Tool for November Election
The Ethics Commission has launched a new online tool to track financial activity for the November 3, 2015, election. These interactive campaign finance dashboards will provide visual summaries of the contributions and expenditures of candidate and ballot measure committees, lobbyists, […]
The Ethics Commission has launched a new online tool to track financial activity for the November 3, 2015, election.
These interactive campaign finance dashboards will provide visual summaries of the contributions and expenditures of candidate and ballot measure committees, lobbyists, contributors, and third parties. It will also provide information on expenditure ceilings and any public funds dispersed through the city’s public financing program.
The dashboards can be found here. The data utilized by the dashboards can be downloaded from the Ethics Commission website or the SF OpenData website.
August 28, 2015 •
News You Can Use Digest – August 28, 2015
Federal: After Allegations That It Lobbied with Federal Money to Block Competition, Lockheed Martin Agrees to Pay Almost $5 Million Washington Post – Lisa Rein | Published: 8/24/2015 The managers of one of the nation’s premiere federal laboratories in New Mexico […]
Federal:
After Allegations That It Lobbied with Federal Money to Block Competition, Lockheed Martin Agrees to Pay Almost $5 Million
Washington Post – Lisa Rein | Published: 8/24/2015
The managers of one of the nation’s premiere federal laboratories in New Mexico agreed to pay nearly $4.8 million to settle allegations of improperly attempting to influence members of Congress and others to extend the lab’s $2.4 billion management contract. Over five years starting in 2009, top executives for Lockheed Martin, who were being paid by the federal government to run Sandia National Laboratories, ran a fierce campaign to lobby members of Congress and senior administration officials for a seven-year extension of their contract, according to the settlement the Justice Department. It is not surprising that a politically connected defense contractor would lobby hard to keep a lucrative slice of federal business. But this case went further. It was taxpayers, not Lockheed’s corporate lobbying arm, who paid for the lobbying.
Meet the Liberals Who Love Trump
Politico – Ben Wofford | Published: 8/26/2015
The left is generally no fan of Donald Trump, but there is a contingent of liberals who take a different view. One is Harvard Law School professor Lawrence Lessig, arguably the country’s leading proponent of campaign finance reform, who said Trump has done so much to jazz up an otherwise eye-glazing issue that he would consider running on the same ticket as a third-party candidate. As pundits search for the source of Trump’s resilient appeal, reformers say they have long known the answer: the constant emphasis on how his wealth immunizes him from insider influence. “He’s made the same points the reformers have made: that this is a ‘pay-to-play’ system, that people put their money in and expect to get results,” said former FEC Chairperson Trevor Potter.
The Net Worth of Presidential Candidates
USA Today – Thomas Frohlich, Michael Sauter, and Sam Stebbins (24/7 Wall St.) | Published: 8/26/2015
Presidential candidates can expect very little privacy in their personal life, and with their finances. While candidates are not required to make their tax returns public, the practice has become common since the 1970s. Based on tax returns and other financial disclosures, the current candidates’ assets range from Scott Walker, who is worth as little as $36,000, to Donald Trump, who has an estimated net worth of $2.9 billion. The net worth of a presidential candidate does not necessarily determine the financial strength of the campaign. Some candidates’ campaign funds are far greater than their net worth, while others are far lower.
What the ‘Deez Nuts’ Candidacy Says about the State of US Democracy
Christian Science Monitor – Sara Aridi | Published: 8/20/2015
The presidential candidate Deez Nuts was surging in a recent poll, albeit unscientific, in North Carolina. Deez Nuts was also the number one trending topic on Twitter. In registering with the FEC, Deez Nuts listed an address in rural Wallingford, Iowa. Mark Olson said Deez Nuts was his son Brady, who is a sophomore in high school. Tom Jensen, the director of Public Policy Polling, said he added Deez Nuts to statewide survey three weeks ago because “the name makes people laugh, and it’s a long presidential election.” But Jensen also drew a serious conclusion from the Deez Nuts surge. “I would say Mr. Nuts is the most ludicrous and unqualified third-party candidate you could have, but he’s still polling at seven, eight, nine percent,” Jensen said. “Right now the voters don’t like either of the people leading in the two main parties, and that creates an appetite for a third-party candidate.”
Would More Lobbying Improve America?
Politico – Kevin Hartnett | Published: 8/24/2015
Tom Holyoke, a political scientist at Fresno State University, has been studying the internal dynamics of lobbying for years and has come to believe the country would be better off if lobbyists did more effective work for their clients. The problem, he writes in a new book, is not that corporations do not get enough representation – it is that lobbyists are crafty, and do not work for their clients as much as they claim. Instead, they tell their clients what they want to hear, while chiefly acting to stay tight with their contacts in Congress. “It becomes more important to lobbyists to maintain these relationships than to accurately represent the wishes and concerns of people they’re supposed to be representing,” said Holyoke.
From the States and Municipalities:
California – L.A. Wants More Details about Business Groups That Donate to City Campaigns
Los Angeles Times – Emily Alpert Reyes | Published: 8/27/2015
Members of the Los Angeles City Ethics Commission said they wanted staffers to come up with ways to require corporations, limited liability companies, and other “non-individual” campaign donors to publicly disclose more information about who controls them. The concern, said commission President Jessica Levinson, is that “it is really difficult to follow the money.” The push for more information comes after The Los Angeles Times reported on how challenging it is to track who is behind contributions made by such groups. The newspaper found several instances in which different companies with the same chief executive, address, or both donated to a candidate, but publicly available records left it unclear whether the companies were commonly owned.
Colorado – Colorado Energy Companies Spend Top Dollar on Lobbyists; What Do They Get in Return?
Colorado Springs Gazette – Megan Schrader | Published: 8/24/2015
Stat laws in Colorado has restricted the amount of entertaining lobbyists can do. Amendment 41, a 2006 ballot initiative, strictly banned lobbyists from spending anything on lawmakers. For everyone else who is not a registered lobbyist, the limit is currently $59 per-person, per-year, with a handful of exceptions. “In Colorado the legislative process is a very clean, ethical process,” said former House Speaker Chuck Berry. But Berry said the role of lobbyists has changed dramatically since he was in office from 1985 to 1998. He said term limits have led to void of institutional knowledge and makes both lobbyists and bureaucrats more powerful.
Illinois – Ex-Redflex Exec Pleads Guilty to Helping Orchestrate $2M Bribery Scheme
Chicago Tribune – Jason Meisner and David Kidwell | Published: 8/20/2015
Karen Finley, the former chief executive of a red-light camera company, pleaded guilty in a scheme that funneled hundreds of thousands of dollars in bribes to secure contracts in Chicago worth $124 million. Finley pleaded guilty to similar charges in a federal case in Ohio. In the Chicago case, Finley acknowledged she arranged for cash and benefits to go to a city transportation official, John Bills, and his friend; the benefits included golf trip and hiring the official’s friend as a Redflex contractor. Bills, who retired in 2012, has pleaded not guilty to extortion, bribery, and other charges.
Maine – Group Turns over Donor List from Gay Marriage Fight in Maine
St. Louis Post-Dispatch – David Sharp (Associated Press) | Published: 8/24/2015
The National Organization for Marriage (NOM) filed details of its financial activities related to a 2009 effort to repeal Maine’s same-sex marriage law following a lengthy legal battle. Jonathan Wayne, executive director of the Maine ethics commission, said the list had been filed at the agency’s website and NOM indicated it will not further fight the matter through the courts. The commission had ruled NOM violated the state’s campaign finance law and ordered the conservative group to pay a $50,250 penalty and release its donors. Although NOM paid the penalty, it continued to resist disclosure. But NOM lost that fight when the Supreme Judicial Court ordered it to hand over the list of donors.
Missouri – Missouri Lags behind Neighbors on Ethics Laws
Springfield News-Leader – John Swedien | Published: 8/23/2015
Missouri has no limits on campaign donations, no restrictions on the gifts legislators can accept from lobbyists, and no rule preventing lawmakers from immediately becoming lobbyists after leaving office. This stands in contrast to Missouri’s eight neighboring states; all limit at least one of those activities. Arkansas, Kentucky, Oklahoma, and Tennessee restrict all three. Illinois, Iowa and Kansas each limit two of the activities, and Nebraska caps lobbyists’ gifts.
Ohio – Former Ohio Deputy Treasurer Extradited from Pakistan to Serve 15 Years for Bribery, Money Laundering
Cleveland Plain Dealer – Jane Morice (Northeast Ohio Media Group) | Published: 8/26/2015
Former Ohio Deputy Treasurer Amer Ahmad has been extradited from Pakistan to serve a 15-year prison sentence for a kickback scheme. He pleaded guilty in 2013 to bribery and conspiracy charges, though he fled to Pakistan to avoid punishment. Ahmad admitted he funneled business to Douglas Hampton, a securities broker, in exchange for bribes. Ahmad was able to conceal the bribery payments by passing them through accounts of a landscaping business he owned. Over the two-year period, Hampton paid Ahmad more than $500,000. In return, Hampton received about $3.2 million in commissions for more than 350 securities trades on behalf of the treasurer’s office.
Oregon – Mystery Money: Oregon lets officials keep income details in shadows
Portland Oregon – Denis Theriault | Published: 8/22/2015
Voters might have known years sooner how much Cylvia Hayes was paid to push a private agenda while she was Oregon’s first lady if John Kitzhaber had been governor of California or 16 other states. Ethics filings in those states require officials to disclose where they and those in their households get their money, and roughly how much. But Kitzhaber had no obligation to report Hayes’ income from private clean-energy clients, income she accepted while also advising the state on energy issues. Oregon’s rules for income disclosure have not changed much since 1974. The rules allow officials from the statehouse down to local school boards hold back key information.
Tennessee – Lawmakers Spent 30K of Campaign Funds on Pro Sports Tickets
The Tennessean – Dave Boucher | Published: 8/22/2015
A recent analysis of state campaign finance records show at least seven Tennessee lawmakers collectively spent more than $30,000 in campaign money on tickets to professional sporting events since 2003. Although state law bans the use of campaign funds for tickets to sporting events, concerts, or other similar activities, there is an exemption that allows essentially all ticket purchases to go unchecked. Buying such tickets with campaign funds is largely banned for federal candidates, but the campaign finance laws in Tennessee and a slew of other states either allow or do not clearly ban such purchases.
Texas – Pool Proposes Changes to Rules for Lobbyists
Austin Monitor – Jo Clifton | Published: 8/26/2015
The Austin City Council is weighing reforms to the city’s lobbying law. The law currently requires lobbyists to register and disclose who their clients are. But the code is murky in its definition of who must register, and those who register do not always comply with all the reporting requirements. Under the proposed reforms, the registration fee would increase to $350; lobbyists for nonprofits would only have to pay $50 a year. The city auditor would be charged with reviewing lobbying registration for compliance, and violators could face individual fines for failing to register or disclose information. A person could be barred from lobbying after multiple violations.
Utah – It’s American Legion Versus Lobbyists in Fight for Space at Capitol
Salt Lake Tribune – Lee Davidson | Published: 8/24/2015
The American Legion has enjoyed free office space in the basement of the Utah Capitol since World War I. But the Capitol Preservation Board voted recently to try to get the organization to move so it can rent more space to lobbyists. The clash arose when the Capitol Hill Association of lobbyists sought to expand its current 1,800 square feet of space, located across the hall from the American Legion. Jodi Hart, the association’s president, told the board her group “has run out of space” for its current 35-member lobbying groups, who pay $4,500 per organization to join, and about $1,000 per person in annual dues, and has a waiting list of six organizations that want to join. The association proposed expanding into storage space next to its suite to add a few more conference rooms.
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.
August 27, 2015 •
Thursday News Roundup
Campaign Finance “Meet the Liberals Who Love Trump” by Ben Wofford for Politico New York: “State Elections Watchdog Files Lawsuit against ‘LLC Loophole’” by Chris Bragg for Albany Times Union Ethics “Prosecutors Rebuke Menendez Over Request to Dismiss His Corruption […]
Campaign Finance
“Meet the Liberals Who Love Trump” by Ben Wofford for Politico
New York: “State Elections Watchdog Files Lawsuit against ‘LLC Loophole’” by Chris Bragg for Albany Times Union
Ethics
“Prosecutors Rebuke Menendez Over Request to Dismiss His Corruption Case” by Alexander Burns for New York Times
“The Net Worth of Presidential Candidates” by Thomas Frohlich, Michael Sauter, and Sam Stebbins (24/7 Wall St.) for USA Today
Missouri: “Missouri Lags behind Neighbors on Ethics Laws” by John Swedien for Springfield News-Leader
New York: “Reform Groups Have High Hopes for Ethics Review Panel” by Karen DeWitt for WXXI
Ohio: “Cleveland Councilman Joe Cimperman under Ethics Investigation Related to Contracts with Wife’s Employer” by Leila Atassi (Northeast Ohio Media Group) for Cleveland Plain Dealer
Virginia: “Legislators’ Names Appear in Hacked Ashley Madison Data” by Markus Schmidt and John Ramsey for Richmond Times-Dispatch
Elections
“Maybe This Time Really Is Different” by Norm Ornstein for The Atlantic
August 26, 2015 •
Wednesday Government Relations News
Lobbying “If Congress Keeps Cutting Its Staff, Who Is Writing Your Laws? You Won’t Like The Answer.” by Anthony Madonna and Ian Ostrander for Washington Post Colorado: “Colorado Energy Companies Spend Top Dollar on Lobbyists; What Do They Get in […]
Lobbying
“If Congress Keeps Cutting Its Staff, Who Is Writing Your Laws? You Won’t Like The Answer.” by Anthony Madonna and Ian Ostrander for Washington Post
Colorado: “Colorado Energy Companies Spend Top Dollar on Lobbyists; What Do They Get in Return?” by Megan Schrader for Colorado Springs Gazette
Texas: “Austin Officials Considering Overhaul of Lobbyist Rules” by Lilly Rockwell for Austin American-Statesman
Utah: “It’s American Legion Versus Lobbyists in Fight for Space at Capitol” by Lee Davidson for Salt Lake Tribune
Campaign Finance
“U.S. Court Rejects Republican Challenge to SEC Pay-to-Play Rule” by Sarah Lynch for Reuters
Ohio: “House Legislator Ron Gerberry Resigns after Guilty Plea” by The Associated Press for Columbus Dispatch
Pennsylvania: “Ethics Board Fines Oh, Cites Illegal Contribution” by Tricia Nadolny for Philadelphia Inquirer
Ethics
New Jersey: “Trenton City Council Members Chester and Muschal Fight Each Other in Council Chambers” by Sulaiman Abdur-Rahman for The Trentonian
Pennsylvania: “Kane Ordered to Stand Trial on All Charges” by Craig McCoy and Angela Couloumbis for Philadelphia Inquirer
Wisconsin: “Bill to Exempt Political Crimes from John Doe Investigations Clears Assembly Committee” by Jessie Opoien for Capital Times
Elections
“Family Issues Weigh Heaviest on Biden as He Considers a 2016 Campaign” by Dan Balz for Washington Post
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