Gov. Terry McAuliffe approved changes to Virginia’s gift rules this week, marking the fourth consecutive year lawmakers have adjusted ethics provisions. Among other changes, House Bill 1854, and identical Senate Bill 1312, requires lobbyists to send legislators and executive officials a summary of gifts provided from January 1 through adjournment sine die of the regular session of the General Assembly. The summary must be provided within three weeks of adjournment and does not include the reconvened session.

The bill also eliminates the “common interest” exception to the $100 gift limit on lobbyists for widely attended events. This exception was used to justify luxury suite tickets to football games. An exception is added, however, for attendance at a reception where hors d’oeuvres and beverages are provided and can be consumed while standing or walking.

These changes are effective July 1, 2017, except the gift notification requirement is effective immediately.

Lobbying

“Spending on Lobbying Approached $1 Billion in First Quarter, Highest in 5 Years” by Kimberly Kindy for Washington Post

New York: “NYCLU’s Request for Donor Exemption Is Denied” by Chris Bragg for Albany Times Union

Oregon: “Ethics Commission: Gov. Brown’s budget adviser may lobby on her behalf” by Anna Marum for Portland Oregonian

Campaign Finance

“Trump Inauguration Admits Errors, Vows to Correct Numerous Faulty Donor Records” by Christina Wilkie for HuffPost

Montana: “State Campaign Finance Reform Bill Hits Snag in Senate” by Corin Cates-Carney for Montana Public Radio

Ethics

“Some Public Pensions Help Trump, Report Shows” by Julia Harte (Reuters) for U.S. News & World Report

Rhode Island: “Panel: Probable cause that R.I. Supreme Court justice Flaherty violated ethics code” by Katie Mulvaney for Providence Journal

Vermont: “Ethics Commission Bill Gains Steam in House” by Mark Johnson for VTDigger.org

Elections

“Slow Pace of Trump Nominations Leaves Cabinet Agencies ‘Stuck’ in Staffing Limbo” by Lisa Rein for Washington Post

Legislative Issues

Alabama: “House Judiciary Committee Releases Final Report on Bentley Impeachment” by Mike Cason for AL.com

Procurement

California: “Blacklist of Border-Wall Contractors Advanced in California Senate” by Nick Cahill for Courthouse News Service

On April 25, lawmakers finalized efforts to combine state elections and ethics boards with both the House and Senate voting to override Gov. Roy Cooper’s veto of Senate Bill 68.

The bill merges the elections and ethics boards into a single board split evenly between political parties.

The merger of the boards under Senate Bill 68 comes after a three-judge panel ruled that the General Assembly overstepped its state constitutional authority when it adopted Senate Bill 4 to establish a similar bipartisan board to oversee elections and consider ethics complaints and issues.

Lobbying

“Trump, Pence Allies Rake in Millions as New Washington Lobbyists” by Fredreka Schouten and Maureen Groppe for USA Today

Missouri: “Lawmakers Say Lobbyist Gift Ban Will Likely Fail Again This Year” by Austin Huguelet for St. Louis Post-Dispatch

Missouri: “Fewer Missouri Lawmakers Are Bunking with Lobbyists” by Kurt Erickson for St. Louis Post-Dispatch

Pennsylvania: “Phila. Board of Ethics Fines Teamsters Local 830” by Layla Jones for Philadelphia Tribune

Texas: “Ethics Reform Now Includes Keeping Revolving Door to Lobby Wide Open” by Jay Root for Texas Tribune

Campaign Finance

Alabama: “Justices Decline to Hear Alabama Campaign Finance Case” by Dan McCue for Courthouse News Service

New York: “City Council Members Opt Out of Campaign Finance Program” by Samar Khurshid for Gotham Gazette

Ethics

“‘Everyone Tunes In’: Inside Trump’s obsession with cable TV” by Ashley Parker and Robert Costa for Washington Post

Rhode Island: “Council President Aponte Sues to Freeze Ethics Probe” by Dan McGowan for WPRI

Campaign Finance

Wisconsin: Wisconsin Supreme Court Rejects Recusal Changes When Campaign Donors Are Litigants by Patrick Marley for Milwaukee Journal Sentinel

Elections

Trump Adviser’s Visit to Moscow Got the F.B.I.’s Attention by Scott Shane, Mark Mazzetti, and Adam Goldman for New York Times

Can Elections Like Georgia’s Help Predict Future Races? By Jonah Engel Bromwich for New York Times

Ethics

Alabama: Drug Store Owner Pushes Legislation Helping Out Drug Stores, and That’s OK in Alabama by John Sharp for AL.com

Florida: Ethics Panel Pushes Back Against Legislative Oversight by Jim Turner (News Service of Florida) for Lakeland Ledger

Montana: MT Ethics Chief Ducks Bulk of Lawmaker’s Suit by Eve Byron for Courthouse News Service

Washington: 1995 Tweak to Law Exempts State Lawmakers from Disclosure by Rachel LaCorte (Associated Press) for The Columbian

Lobbying

Tennessee: Tennessee Legislators Vote to Require Disclosure of Trips Funded by Lobbyists by Andy Sher for Chattanooga Times Free Press

The bill prohibits former lobbyists from participating in a case, contract, or other specific matter as a public official or employee for one calendar year after the termination of their registration if the former regulated lobbyist previously assisted or represented another party in the matter.

Additionally, the governor, lieutenant governor, attorney general, comptroller and treasurer are prohibited from lobbying legislative matters for one calendar year after leaving office.

The bill requires a regulated lobbyist who serves on a board or commission and is disqualified from participating in a specific matter to file a statement of recusal with the board or commission describing the circumstances of the conflict.

The bill will become effective October 1, 2017.

Lobbying

Maine: “Maine Ethics Watchdog: Tighten lobbying limits for ex-legislators” by Michael Shepherd for Bangor Daily News

Campaign Finance

“It Was Huge: Trump inaugural drew slew of top-dollar checks” by Julie Bykowicz and Nancy Benac (Associated Press) for ABC News

“Ivanka Trump’s Global Reach, Undeterred by a White House Job” by Danny Hakim and Rachel Abrams for New York Times

California: “Real Estate Investor Fined $17,000 Over Excess L.A. City Council Campaign Donations” by Emily Alpert Reyes for Los Angeles Times

Montana: “Montana House Rejects Bill to Raise Campaign Contributions” by Associated Press for U.S. News & World Report

Ethics

Illinois: “Independent Contractor Exemption Suffers Surprise Council Defeat” by Fran Spielman for Chicago Sun-Times

New Jersey: “Ex-Passaic Mayor Alex Blanco Gets 27 Months in Prison” by Richard Cowan and Kaitlin Kanzler for Bergen Record

Texas: “TABC Chief Will Resign after Agency Used Your Tax Dollars to Travel to Booze Industry Conferences” by Dagney Pruner for Dallas News

Elections

Georgia: “Jon Ossoff, a Democrat, Narrowly Misses Outright Win in Georgia House Race” by Jonathan Martin and Richard Fausset for New York Times

Legislative Issues

Florida: “Miami Lawmaker Apologizes on Senate Floor for Using Racial Slur” by Patricia Mazzei, Steve Bousquet, and Kristin Clark for Miami Herald

According to the memorandum filed in the U.S. District Court for the Middle District of Alabama, the Alabama Ethics Commission has agreed existing Alabama law permits lobbyists to satisfy the ethics training requirement if they participate in live training sessions on their computer, even if not physically present.

Additionally, reasonable accommodations will be made for those persons with a legitimate conflict during the time and date that live streaming is made available.

The commission will begin live streaming by May of 2017.

The commission has yet to publicly release a statement.

Campaign Finance

“Bipartisan Bill Would Restructure FEC to End Gridlock” by Kenneth Doyle for Bloomberg BNA

District of Columbia: “More Contributions to D.C. Council Member Cannot Be Tracked to Source” by Aaron Davis for Washington Post

Ethics

“With Trump Appointees, a Raft of Potential Conflicts and ‘No Transparency’” by Eric Lipton, Ben Protess, and Andrew Lehren for New York Times

Alabama: “Judicial Ethics Complaint Filed Against Judge Who Ordered Halt to Bentley Impeachment Hearing” by Kent Faulk for AL.com

California: “Oakland Ethics Panel Slams Lax Oversight of Free Warriors, Raiders and A’s Tickets” by Mark Hedin for East Bay Times

Legislative Issues

Nevada: “Republican Lawmaker Spent Two Weeks as ‘Legislative Advocate’ for Business Group” by Riley Snyder for Nevada Independent

Lobbying

Illinois: “Emanuel Still Fielding Emails on City Matters Via Private Account” by Fran Spielman for Chicago Sun-Times

Missouri: “Decrease in Lobbyists’ Gifts Hasn’t Limited Influence at the Missouri Capitol” by Sky Chadd for Columbia Missourian

Tech and Social Media

“Social Media Is Not Contributing Significantly to Political Polarization, Paper Says” by Jonah Engel Bromwich for New York Times

Federal:

Can Democrats Cuss Their Way Back to the White House?
McClatchy DC – Alex Roarty | Published: 4/11/2017

After voters rewarded Donald Trump despite – or perhaps because of – his plain, often expletive-prone rhetoric, Democrats are suddenly quite eager to adopt the language of America’s president. From the party’s new chairperson to a senator many believe will run for the White House in 2020, Democrats are letting loose four-letter words in public speeches and interviews, causing a small stir, at least in political circles, where swearing in public is usually off limits.

FBI Obtained FISA Warrant to Monitor Trump Adviser Carter Page
Washington Post – Ellen Nakashima, Devlin Barrett, and Adam Entous | Published: 4/11/2017

The FBI obtained a warrant to secretly surveil former Donald Trump aide Carter Page last summer under the Foreign Intelligence Surveillance Act. The FBI and Justice Department demonstrated probable cause that Page is acting on behalf of a foreign state to be granted the warrant. This is the clearest evidence so far the FBI had reason to believe during the 2016 presidential campaign that a Trump campaign adviser was in touch with Russian agents. Such contacts are now at the center of a probe into whether the campaign coordinated with the Russian government to swing the election in Trump’s favor. Page has not been accused of any crimes, and it is unclear whether the Justice Department might later seek charges against him or others.

Foreign Influence in the U.S. Cloaked in Unnecessary Obscurity, Watchdog Groups Say
Roll Call – Stephanie Akin | Published: 4/12/2017

The U.S. has required American citizens who lobby on behalf of foreign governments to register with the Department of Justice since 1938. Registrants are supposed to periodically update the government about their activities, including the materials they have distributed, meetings they have attended, and the payments they have received. The result is a large volume of paperwork that, if properly collected and maintained, could provide a window into the attempts of foreign governments to influence American lawmakers. But the technology the government uses to catalogue and store the data is so outdated that it is next to impossible to quickly find the answers to many basic questions, according to nonprofit groups familiar with the database.

Trump’s Trademark Continues Its March Across the Globe, Raising Eyebrows
New York Times – Sharon LaFraniere and Danny Hakim | Published: 4/11/2017

For most of last year, Donald Trump’s application to register trademarks for his brand of home accessories languished in a government office in Lima, Peru. But since he was elected in November, the pace has picked up. Peruvian officials say they are treating Trump’s trademark applications like anyone else’s and are acting on them now simply because his business representatives have answered outstanding questions. But to a team of constitutional lawyers, the pending Peruvian petitions are emblematic of the legal and moral perils in Trump’s continued ownership of his business empire. In a federal lawsuit that has set up a high-stakes legal battle with the administration, they argue the Constitution prohibits the president from accepting any economic benefit, including trademark approvals, from foreign governments.

From the States and Municipalities:

Alabama – Alabama Governor Resigns, Pleads Guilty to Charges Tied to Allegations He Tried to Cover Up Affair with a Top Aide
Washington Post – Amber Phillips | Published: 4/10/2017

Alabama Gov. Robert Bentley resigned rather than face impeachment and pleaded guilty to two misdemeanor campaign violations that arose during an investigation of his alleged affair with a top aide. The plea agreement specified he must surrender campaign funds totaling nearly $37,000 and perform 100 hours of community service as a physician. Bentley also cannot seek public office again. Bentley was first engulfed in scandal last year after recordings surfaced of him making sexually charged comments to Rebekah Mason. A House Judiciary Committee report said Bentley encouraged an “atmosphere of intimidation” to keep the story under wraps and directed law enforcement officers to track down and seize the recordings.

Massachusetts – Massachusetts Judge Upholds Ban on Corporate Contributions to Politicians
MassLive.com – Shira Schoenberg | Published: 4/6/2017

A Massachusetts law banning corporations from making political donations survived a legal challenge on when a judge ruled against two local business owners seeking to overturn the restriction. Superior Court Judge Paul Wilson found the law does not unconstitutionally discriminate against a business’s right to free speech or equal protection. He also ruled the Office of Campaign and Political Finance successfully showed the law treating unions and corporations differently “serves the anti-corruption interest” used by the state as justification for the law.

Mississippi – Bryant Signs Campaign Finance Reform into Law
Jackson Clarion-Ledger – Geoff Pender | Published: 4/11/2017

Legislation that would prohibit politicians from using their campaign finance funds for personal use was signed into law by Mississippi Gov. Phil Bryant. The new law comes after an ongoing investigative report by The Jackson Clarion-Ledger that illustrated how the state’s lax campaign finance laws and nearly nonexistent enforcement had created a tax-free second income for many Mississippi politicians, mostly funded by special interests.

Missouri – Ferguson Re-Elects White Mayor 2 Years After Mike Brown Incident
New York Times – John Eligon | Published: 4/5/2017

Although much of the activism for racial justice today stems from the killing of Michael Brown by a white police officer in Ferguson, Missouri, voters in the town re-elected James Knowles III, a white Republican who has been the object of much scorn among those who believe the city has discriminated against black people. About 67 percent of the city’s 21,000 residents are black, and 29 percent are white. Some activists are now assessing what is happening politically for black people and whether there needs to be a complete rethinking of how they engage with mainstream politics.

Nevada – What Is a Conflict of Interest? Lawsuit against Reno Lawmaker Might Decide.
Reno Gazette-Journal – Seth Richardson | Published: 4/8/2017

State Sen. Heidi Gansert works for the University of Nevada, Reno as executive director of external relations, Gansert’s focus is on economic development for the university. The Nevada Policy Research Institute (NPRI) filed a lawsuit that argues her job presents a conflict-of-interest to her role as a state senator. As a university employee, Gansert is a part of the Nevada System of Higher Education in the executive branch. As an elected lawmaker, she is serving in the legislative branch and votes will come up on a variety of higher education bills. Gansert’s case is not isolated and illustrates the sometimes precarious positions of lawmakers professional careers and public service. With Nevada’s citizen legislature, lawmakers almost always have an outside job. Sometimes, those two lives can seem at odds with each other.

New Jersey – N.J. Election Watchdog: State needs pay-to-play reform
Bergen Record – Nicholas Pugliese | Published: 4/6/2017

Political contributions made by New Jersey’s public contractors declined in 2016 for the third year in a row, but the Election Law Enforcement Commission (ELEC) remains concerned about the rise of PACs and issue-advocacy groups that are not subject to “pay-to-play” restrictions and disclosure requirements. New Jersey law generally bars any company with a contract worth more than $17,500 from giving more than $300 to gubernatorial candidates and party fundraising committees. Any contractor that gives money must disclose that to the ELEC.

New Mexico – Governor Vetoes Campaign Finance Reform
New Mexico In Depth – Trip Jennings | Published: 4/7/2017

New Mexico Gov. Susana Martinez vetoed legislation that would have required greater public disclosure by those who spend big money in campaigns. Senate Bill 96 would have updated the law to address the proliferation of unlimited election fundraising and spending by independent groups since a 2010 U.S. Supreme Court decision. It would have required any groups making independent campaign expenditures before primary or general elections to report the source of their money. The bill also would have doubled campaign contribution limits for lawmakers.

New Mexico – Martinez Vetoes Bill to Close Lobbyist Loophole
New Mexico In Depth – Sandra Fish | Published: 4/6/2017

New Mexico Gov. Susana Martinez vetoed legislation that aimed to close a loophole in the state’s lobbying law that was created last year. Because of the veto, lobbyists will not need to report expenses on lawmakers and other public officials under $100, as they did prior to the current law taking effect. The bill’s sponsor, Sen. Daniel Ivey-Soto, said Martinez told him it was unclear if Senate Bill 393 required aggregate reporting of all expenses less than $100 or specific reporting of every expense once a $100 threshold was reached.

New York – On Ethics, Cuomo Budget Entered Like a Lion and Emerged Like a Lamb
New York Times – Lisa Foderaro | Published: 4/11/2017

Despite the recent convictions of the leaders of both the Assembly and the Senate, and indictments against some of New York Gov. Andrew Cuomo’s own associates, state lawmakers failed to take up a raft of ethics proposals included in the governor’s executive budget. Their absence in a $153 billion budget, which included a roster of contentious items, left watchdog organizations, academics who study Albany, and even some legislators doing a collective tsk-tsk. Some blamed the Senate for putting up the most resistance to reforms; others criticized Cuomo for not making them a priority.

Oklahoma – LGBTQ Group’s Capitol Visit Prompts Mass Email About ‘Cross-Dressers in the Building’
Tulsa World – Randy Krehbiel | Published: 4/10/2017

An email telling teenage pages that “there are cross-dressers in the building” caused a furor in the Oklahoma Capitol. The email, by a House staffer who oversees the page program, was apparently prompted by the visit of about 70 LGBTQ students from the Tulsa area who were lobbying mostly on behalf of HIV awareness and education funding and support. Their presence prompted Karen Kipgen, supervisor of the page program, to arrange for pages to use private staff and member restrooms. Kipgen also sent a mass email saying “As per the Speaker’s office, Pages are being allowed access to the ladies restroom across from 401, for today. Again, there are cross-dressers in the building.”

Oklahoma – State Officials Disclosing Fewer Facts Than Ever About Their Personal Finances
Oklahoma Watchdog – Molly Bryant | Published: 4/8/2017

Each year, Oklahoma legislators and statewide elected officials must report details about their personal finances to alert the public to potential conflicts-of-interest. This year, however, they generally will be asked to report fewer facts than ever – that is, since the disclosure rules were approved in 1994. The Oklahoma Ethics Commission has revised the disclosure form and slashed the number of state employees required to file it, from nearly 6,000 to 362. Those who must file do not have to reveal as many potential sources of income outside of their state jobs. Unlike before, they also do not have to disclose all contracts they have with a state agency or all income-producing relationships with registered lobbyists.

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

Connecticut: “Bridgeport Mayor Joe Ganim, A Felon, Says He Deserves Public Funding for Campaign” by Christopher Keating for Hartford Courant

Mississippi: “Bryant Signs Campaign Finance Reform into Law” by Geoff Pender for Jackson Clarion-Ledger

Missouri: “Pay to Play? Missouri Senate Leader Faces Questions About Consumer Protection Bill” by Jason Hancock for Kansas City Star

Elections

“Can Democrats Cuss Their Way Back to the White House?” by Alex Roarty for McClatchy DC

“FBI Obtained FISA Warrant to Monitor Trump Adviser Carter Page” by Ellen Nakashima, Devlin Barrett, and Adam Entous for Washington Post

Ethics

“Trump’s Trademark Continues Its March Across the Globe, Raising Eyebrows” by Sharon LaFraniere and Danny Hakim for New York Times

New York: “On Ethics, Cuomo Budget Entered Like a Lion and Emerged Like a Lamb” by Lisa Foderaro for New York Times

Oklahoma: “State Officials Disclosing Fewer Facts Than Ever About Their Personal Finances” by Mollie Bryant for Oklahoma Watchdog

Lobbying

“Foreign Influence in the U.S. Cloaked in Unnecessary Obscurity, Watchdog Groups Say” by Stephanie Akin for Roll Call

Lobbying

Missouri: “Limit on Lobbyist Gifts Clears Missouri Senate Committee” by Jason Hancock for Kansas City Star

Campaign Finance

California: “Anti-Pot Group Faces Campaign Finance Violations from Its Work Opposing Marijuana Legalization in California” by Patrick McGreevy for Los Angeles Times

New York: “Investigations into De Blasio Spurred City Reform, Renewed Calls for State Changes” by Samar Khurshid for Gotham Gazette

Ethics

“Secret A.T.F. Account Paid for $21,000 Nascar Suite and Las Vegas Trip” by Matt Apuzzo for New York Times

Michigan: “Michigan Sen. Bert Johnson Indicted by Grand Jury” by Paul Egan and Kathleen Gray for Detroit Free Press

South Carolina: “New SC Ethics Law Does Not Go Far Enough, Critics Say” by Avery Wilks for The State

Elections

Texas: “Federal Judge Says Texas Voter ID Law Intentionally Discriminates” by Manny Fernandez for New York Times

Legislative Issues

Oklahoma: “LGBTQ Group’s Capitol Visit Prompts Mass Email About ‘Cross-Dressers in the Building’” by Randy Krehbiel for Tulsa World

Procurement

California: “Feds: Well-known Oakland contractors conspired to cheat government” by Malaika Fraley for East Bay Times

On April 10, 2017, Gov. Robert Bentley resigned as the 53rd governor of Alabama.

The resignation follows the Alabama Ethics Commission finding probable cause he violated state ethics laws.

Kay Ivey was sworn in as the 54th governor of Alabama immediately following Bentley’s resignation. Ivey is the second woman to serve as governor of Alabama.

Campaign Finance

Montana: “Montana Considers Raising Political Campaign Donation Limits” by Matt Volz (Associated Press) for Washington Times

New Mexico: “Governor Vetoes Campaign Finance Reform” by Trip Jennings  for New Mexico In Depth

Ethics

“Who’s Visiting the White House? Watchdog Groups Are Suing to Find Out” By John Wagner for Washington Post

“How Bannon’s Multimedia Machine Drove a Movement and Paid Him Millions” by Shawn Boburg and Robert O’Hara Jr. for Washington Post

Alabama: “Alabama Governor Resigns, Pleads Guilty to Charges Tied to Allegations He Tried to Cover Up Affair with a Top Aide” by Amber Phillips for Washington Post

California: “Los Angeles County D.A.’s Office Sees a Big Drop in the Number of Public Corruption Prosecutions” by Ben Poston and Kim Christensen for Los Angeles Times

Maryland: “In Session Bookended by Corruption, Maryland Lawmakers Re-Write Ethics Laws” by Erin Cox for Baltimore Sun

Nevada: “What Is a Conflict of Interest? Lawsuit against Reno Lawmaker Might Decide” by Seth Richardson for Reno Gazette-Journal

Lobbying

Oregon: “Aiming for Openness, Oregon House Passes Bill to Make Lobbyists Say What They Influence” by Gordon Friedman for Portland Oregonian

South Carolina: “South Carolina Statehouse Corruption Probe Investigating Whether Richard Quinn & Associates’ Campaign Work ‘Bled into’ Lobbying” by Andrew Brown for Charleston Post and Courier