A South Dakota judge has issued a preliminary injunction on Initiated Measure 22. Initiated Measure 22 was approved by the majority of South Dakota voters last month as an act to revise campaign finance and lobbying laws.

The injunction will give the courts and the Legislature time to consider the measure, which has been widely criticized as being poorly drafted and possibly unconstitutional. Supporters of Initiated Measure 22 are expected to ask the judge to re-instate portions of the law not challenged by the plaintiffs, such as the provisions dealing with lower caps on campaign contributions.

The Alabama Ethics Commission (AEC) has suspended the implementation of an advisory opinion released in September. The controversial opinion expanded the definition of lobbyist principal to include anyone in the organization with authority such as executives, officers, and members of boards of directors.

Because lobbyists and principals cannot give a thing of value to legislators, the expanded definition of principal was a concern to nonprofits. At an AEC meeting on December 7, 2016, representatives of nonprofits stated many of their chief donors had ceased contributing over concerns about the expanded definition of principal. In response to those concerns, the AEC members voted to suspend the advisory opinion.

The Philadelphia Board of Ethics passed changes to Regulation No. 1, the Board’s campaign finance rules.

Among the changes, the Board added a definition for a former candidate, clarified electronic filing requirements, and now requires political committees to file a report with the Board any time it files a statement with city commissioners or the Secretary of State disclosing debt incurred to influence a covered election.

Other clerical changes and updates to the examples provided were also made. These changes are now in effect.

Lobbying

“Gun Control Advocates Find a Deep-Pocketed Ally in Big Law” by Jessica Silver-Greenberg and Ben Protess for The New York Times

“Bob Dole Worked Behind the Scenes on Trump-Taiwan Call” by Julie Hirschfeld Davis and Eric Lipton for The New York Times

Alabama: “Ethics Commission Pulls Opinion Over Nonprofit Concerns” by Brian Lyman for Montgomery Advertiser

Florida: “Hillsborough County to Copy Richard Corcoran’s Proposal to Ban Texting by Lobbyists?” by Mitch Perry for Florida Politics

Campaign Finance

Missouri: “Lawsuit Seeks to Stop Campaign Contribution Limits Approved by Missouri Voters Last Month” by Kurt Erickson for St. Louis Post-Dispatch

Ethics

“Trump Adviser’s Son Removed from Transition after Spreading Conspiracy Theory” by Greg Miller for The Washington Post

“Trump’s Top Conflict Critics Take Over Watchdog Group” by Darren Samuelsohn for Politico

California: “Ex-LAPD Sergeant Broke City Rules by Leaking Recording of ‘Django Unchained’ Actress, Ethics Group Says” by Kate Mather for Los Angeles Times

Missouri: “Nine Face Corruption Charges, Including ESL Councilwoman, Board of Review Member” by George Pawlacyzk and Beth Hundsdorfer for Belleville News Democrat

Legislative Issues

South Carolina: “South Carolina Lawmakers Change Rules to Limit Obstructions” by Robert Kittle and John Hart for WJBF

Today, a new chapter of New Hampshire’s ethics laws came into effect.

Chapter 14-C of the New Hampshire Revised Statutes concerns gifts, honorariums, and expense reimbursements requirements for legislators and legislative employees. Legislators and legislative employees can receive gifts not having a value greater than $50 and not having an aggregate value greater than $250 from any single source during any calendar year. The law defines a legislative employee as any person employed by the legislative branch.

House Bill 458, which enacted the chapter, also amended portions of other sections of state law, including a provision requiring lobbyists to affirm having read the newly enacted chapter upon registration.

The Los Angeles County Board of Supervisors approved a plan to hold a special election March 7, 2017, for voters to consider a quarter-cent sales tax to fund efforts to reduce homelessness.

It has yet to be officially announced, but other city and district elections might be consolidated on the March 7 countywide ballot. A consolidated election would allow the county to split the election costs with the other involved jurisdictions.

County commissioners approved a motion to research and draft a proposal to ban commissioners from receiving text messages from lobbyists during board meetings.

This comes on the heels of the Florida House implementing, in its rules for the upcoming session, a ban on electronic communications with lobbyists while in committee or in the House Chamber.

Commissioner Sandy Murman introduced the idea; however, no penalties for a violation were included in the proposal. Though the measure for further exploration passed 5-1, support among commissioners for an actual ban seemed less decisive during the meeting.

The staff of the Maine Ethics Commission (MEC) will propose legislation to the Commission on Governmental Ethics and Election Practices at a meeting on December 8, 2016, to enhance the public’s understanding of major contributors to political committees.

The statutory proposal would require national organizations contributing more than $100,000 to Maine-based political committees to file a one-time report with MEC detailing basic contact information about the national organization, a responsible officer, the form of the organization, and a description of its purpose. The report would require the organization to provide the top five sources of funding received during the previous 12 months. Failure to file a report could result in a $50,000 penalty.

If the statutory proposal is approved by the commissioners, it would then go to the Legislature for consideration.

Lobbying

California: “EBay Faces Fines from State Ethics Watchdog after Failing to Disclose Sacramento Lobbying on Time” by Patrick McGreevy for Los Angeles Times

Campaign Finance

Maine: “Proposal Would Require PACs to Disclose Major Donors” by Steve Mistler for Maine Public Radio

Wisconsin: “After Conviction, Schmitt May Not Seek Re-election” by Adam Rodewall for Milwaukee Journal Sentinel

Ethics

“Trump Sold All Shares in Companies in June, Spokesman Says” by Drew Harwell and Rosalind Helderman for The Washington Post

California: “L.A. Ethics Commission Investigating LAPD’s Watchdog Over Handling of Special Inmate’s Jail Log” by Kate Mather for Los Angeles Times

Florida: “Broward Corruption Cop Sets Up Fight with Cities Over Ethics Reforms” by Brittany Wallman for South Florida Sun Sentinel

Minnesota: “10 U Officials Had Free Access to MSFA Suites at Vikings Stadium” by Rochelle Olson for Minneapolis Star Tribune

Elections

Colorado: “Amendment 71 Made It Harder to Get Initiatives on the Ballot – What Happens Now?” by Brian Eason for The Denver Post

Redistricting

“Justices Wrestle with Role of Race in Redistricting” by Adam Liptak for The New York Times

Campaign Finance

“FEC Asks Congress for Authority to Battle Shady PACs” by Kenneth P. Doyle for Bloomberg.com

New York: “Council Bill Could Make Campaign Fraud Easier in New York, Critics Say” by William Neuman for The New York Times

Wyoming: “Wyo. Campaign Finance Law Often Goes Unenforced” by Matt Murphy (Wyoming Tribune Eagle) for Wyoming Business Report

Ethics

“Business Since Birth: Trump’s children and the tangle that awaits” by Matt Flegenheimer, Rachel Abrams, Barry Meier, and Hiroko Tabuchi for The New York Times

“Trump Adviser Has Pushed Clinton Conspiracy Theories” by Mattew Rosenberg for The New York Times

Florida: “Turning Code Violations into Payoffs, the Opa-locka Way” by Michael Sallah and Jay Weaver for Miami Herald

Michigan: “Politician Can Evade Questions, But Not Indictment in Rizzo Scandal” by Tresa Baldas for Detroit Free Press

New Mexico: “Ethics-Related Legislation Heads to Session” by Deborah Baker for Albuquerque Journal

Elections

North Carolina: “North Carolina Gov. Pat McCrory (R) Concedes Closely Contested Governor’s Race” by Amber Phillips for The Washington Post

Lobbying

Florida: “Corcoran Offers Lobbyist ‘Training’ to Adjust to New Legislative Limitations” by Allison Nielson for Sunshine State News

West Virginia: “Ethics Panel Puts Question about WV House Speaker’s Job on Hold” by Phil Kabler for Charleston Gazette

Campaign Finance

Canada: “Ontario Overhauls Campaign Finance Rules with Sweeping Reforms” by Adrian Morrow for Toronto Globe and Mail

Arizona: “Burns Responds to APS Settlement Offer: No thanks” by Rachel Leingang for Arizona Capitol Times

Missouri: “Politicians Fatten Coffers before Missouri’s New Campaign-Donation Limits Kick In” by Jo Mannies for St. Louis Public Radio

New York: “Anthony Weiner Fined $65,000 for Campaign Finance Violations” by J. David Goodman for The New York Times

Ethics

“Trump’s Complex Stock Portfolio Could Create Yet More Conflicts” by Rosalind Helderman and Drew Harwell for The Washington Post

South Dakota: “Hearing Set on Move to Repeal New Anti-Corruption Measure” by Bob Mercer for Rapid City Journal

Elections

“‘Rigged’ or Not, Election Positions Trump to Shape Rules on How You Vote” by Michael Wines for The New York Times

National:

Donald Trump’s Early Backers in State Government May See Rewards
New York Times – Monica Davey | Published: 11/23/2016

In every race for the White House, there are early and fierce endorsers of the winning candidate who are then viewed, post-election, as having greater influence. Some are courted for cabinet spots, but more seek the president’s ear on state policies, federal funds, and infrastructure projects. Rarely, though, are the lines as stark as in this election, largely because some Republican leaders took the unusual step of not endorsing Donald Trump – early or ever. And what this means now for the ones who did is far from clear.

How Stable Are Democracies? ‘Warning Signs Are Flashing Red’
New York Times – Amanda Taub | Published: 11/29/2016

Political scientists have a theory called “democratic consolidation,” which holds that once countries develop democratic institutions, a robust civil society, and a certain level of wealth, their democracy is secure. Yascha Mounk, a lecturer in government at Harvard, has spent the past few years challenging that assumption. His research suggests that liberal democracies around the world may be at serious risk of decline.

News Outlets Rethink Usage of the Term ‘Alt-Right’
New York Times – Sydney Ember | Published: 11/28/2016

With the election of Donald Trump – and his subsequent appointment of Stephen Bannon, a former chairperson of the right-wing website Breitbart News, as his chief White House strategist – the term alt-right has emerged as a linguistic flash point. Generally deployed by news organizations to describe a far-right, white nationalist movement known for its aggressive online expression, the term has attracted widespread criticism among those, particularly on the left, who say it euphemizes and legitimizes the ideologies of racism, anti-Semitism, Islamophobia, and white supremacy.

Federal:

Trump Announces He Will Leave Business ‘in Total’ – Leaving Open How He Will Avoid Conflicts of Interest
Washington Post – Drew Harwell | Published: 11/30/2016

Donald Trump said he would take steps to separate himself from his global business empire in the hopes of preventing the appearance of a conflict-of-interest as he becomes president. But Trump’s announcement, delivered in a series of early-morning posts on Twitter, drew an immediate rebuke from legal and ethics experts, who said the posts suggest Trump is not planning to take sufficient steps to eliminate the conflicts. It remains unclear what the president-elect’s plan will look like, but simply removing Trump from operational, day-to-day control of business decisions still could allow him to benefit financially from payments made to his companies by foreign governments, which may be prohibited by the so-called emoluments clause of the Constitution.

Trump to Accept Inauguration Funds from Corporations and Big Donors
New York Times – Nicholas Fandos | Published: 11/23/2016

President-elect Donald Trump is hoping to raise $65 million to $75 million to fund the activities planned for his inauguration. Trump plans to ban money from registered lobbyists, whom he barred from working for his administration. But the restrictions will be lighter on corporations and individuals, the groups that have traditionally provided a vast majority of funding for the festivities surrounding the transfer of power. Trump will seek corporate contributions of up to $1 million and even allow donations from PACs on a case-by-case basis. The restrictions, which members of the inaugural committee cautioned have yet to be finalized, represent a continued march back from standards set in 2009 by Barack Obama.

Trump’s Twitter Addiction Could Reshape the Presidency
Politico – Eli Stokols | Published: 11/29/2016

President-elect Donald Trump has recently proposed a reversal in American diplomatic relations with Cuba, boasted about negotiations with a major manufacturer, trumpeted false claims about millions of illegal votes, and hinted that he might upend current free speech laws by banning flag burning. All in 140 characters or less. As news organizations grapple with covering a commander in chief unlike any other, Trump’s Twitter account – a bully pulpit, propaganda weapon, and attention magnet all rolled into one – has as quickly emerged as a journalistic challenge and a source of lively debate.

From the States and Municipalities:

District of Columbia – D.C. Council to Debate Emergency Legislation on Campaign Finance Reform
Washington Post – Jasper Scherer | Published: 11/23/2016

District of Columbia Councilperson Kenyan McDuffie said he will introduce emergency legislation to bar contributions to PACs during non-election years in an effort to close what some view as a major campaign finance loophole before the start of 2017. McDuffie chairs the council’s Judiciary Committee, which is considering five related campaign finance reform bills, some of which include a closure of the loophole. Those bills are unlikely to pass before the legislative period closes at the end of the year, but McDuffie’s emergency bill would bypass many of the steps ordinarily required.

Maine – Maine Lawmakers Say Trips at Taxpayer Expense Are Vital
Portland Press Herald – Scott Thistle | Published: 11/27/2016

Five Maine lawmakers traveled to northern Labrador to learn more about a growing hydropower industry that some hope could lower electricity costs in Maine. Reps. Mark Dion and Ken Fredette said the nearly $1,500 cost to taxpayers was justified by what they and their colleagues learned. Both said that getting into the field and away from the meeting rooms in Augusta was important in helping policymakers understand how their state might benefit from shifting regional energy markets. The trip is one highlight in dozens of taxpayer-funded excursions reviewed as part of a Freedom of Access Act request for records of out-of-state travel by lawmakers in 2015 and 2016. The Maine Sunday Telegram sought the expense records after Democratic state senators accused two of their Republican colleagues of “double dipping” on expense reimbursements, including for out-of-state travel.

Minnesota – Obscure Party Funds Become Minnesota Campaign Cash Magnets
Minnesota Public Radio – Brian Bakst | Published: 11/30/2016

While Minnesota law limits how much individual candidates can take from lobbyists and PACs, the rules are looser for local party units. Interest groups have channeled hundreds of thousands of dollars to Republican and Democratic causes the past few years by moving the money through the local political units of some of the state’s most powerful lawmakers. The money flies mostly under the public radar but buys lobbyists visibility and possibly influence with the Capitol’s power brokers.

Missouri – Could 2017 Be The Year That Ethics Reform Takes Hold in Missouri?
Kansas City Star – Jason Hancock | Published: 11/28/2016

Jefferson City’s reputation has been fueled in part by the fact that Missouri is the only state with no limits on both campaign contributions and lobbyist gifts. As a result, huge donations to campaigns have become commonplace, and elected officials accept hundreds of thousands of dollars in gifts every year. Reform efforts stalled during the 2016 legislative session. But disappointment has given way to optimism over the results of the recent election. Missourians approved a constitutional amendment reinstating contribution limits, and elected candidates for governor and attorney general who made corruption the centerpiece of their campaigns. Voters gave lawmakers a mandate to finally pass meaningful ethics reform, said Assistant Senate Majority Leader Bob Onder.

New York – Emails Released by Mayor de Blasio’s Office Detail Reliance on Outside ‘Agents’
New York Times – J. David Goodman | Published: 11/23/2016

New York City Mayor Bill de Blasio’s administration released a third batch of its correspondence with outside advisers that it has designated as “agents of the city.” The emails date to the first days of de Blasio’s tenure, from early 2014 through April 2015. Watchdog groups have raised concerns that the advisers act as a “shadow government” and present concerns about conflicts-of-interest because they also represent companies that do business with the city.

North Carolina – In North Carolina, No End in Sight to Governor’s Race
New York Times – Richard Fausset | Published: 11/29/2016

The North Carolina governor’s race remains an unresolved, contested muddle. The challenger, Roy Cooper, has declared victory. But incumbent Pat McCrory, trailing by thousands of votes in the as-yet-unfinished tally, has refused to concede, as he and his allies charge the election was marred by numerous irregularities. The imbroglio is so complicated that a spokesperson for the State Board of Elections could not say when it might be resolved. It comes amid a broader wave of skepticism about the integrity of the basic mechanics of the American electoral process, including the recount of the presidential results in three states. The move enraged President-elect Donald Trump, who said on Twitter that “millions” of people had illegally voted for Hillary Clinton, a widely derided claim for which he offered no evidence.

South Dakota – Daugaard Favors Repeal of New Ethics Law
Rapid City Journal – James Nord (Associated Press) | Published: 11/23/2016

Over two dozen Republican lawmakers and others are going to court to block a government ethics overhaul approved by South Dakota voters on November 8. Their lawsuit filed in state court challenges the constitutionality of the ballot measure that took effect recently. Foes of the measure argue provisions including an ethics commission and limitations on lobbyist gifts to lawmakers run afoul of the state or federal constitutions, or both. Gov. Dennis Daugaard said he does not plan to include millions of dollars of funding in his December budget proposal for a public campaign finance system established under the new law.

Virginia – Special Interests Spend Millions to Pay Virginia Legislators’ Bills
The Daily Press – Dave Ress | Published: 11/27/2016

Virginia law does not place limits on who can give to political campaigns or on how much can be donated. Similarly, state law sets no rules for where or how candidates may spend campaign funds. That means money contributed to campaigns can, and often does, pay for expenses that have nothing to do with running for office. Large sums flow in – and keep rising, year after year, even though many legislators do not actually face opponents and only a handful represent districts where opponents can mount a serious challenge.

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

“Wave of Lobbyist Deregistrations in Trump Orbit After Announcement of New Policy” by Catherine Ho for The Washington Post

Campaign Finance

“Ackman’s Fund Asks SEC for Exemption After Campaign Donation” by Svea Herbst-Bayliss for Reuters

“Trump to Accept Inauguration Funds from Corporations and Big Donors” by Nicholas Fandos for The New York Times

Michigan: “Rizzo Expands Empire After Pumping Cash into Campaigns” by Robert Snell and Michael Gerstein for Detroit News

Minnesota: “Obscure Party Funds Become Minnesota Campaign Cash Magnets” by Brian Bakst for Minnesota Public Radio

Ethics

“Trump’s Twitter Addiction Could Reshape the Presidency” by Eli Stokols for Politico

“Trump Announces He Will Leave Business ‘in Total’ – Leaving Open How He Will Avoid Conflicts of Interest” by Drew Harwell for The Washington Post

Elections

“Anti-Trump Forces Launch Attack on Electoral College” by Kyle Cheney for Politico

North Carolina: “In North Carolina, No End in Sight to Governor’s Race” by Richard Fausset for The New York Times

Legislative Issues

“Nancy Pelosi Chosen Again as House Democratic Leader – But Tally Suggests Deep Division” by Paul Kane and Ed O’Keefe for The Washington Post

Lobbying

“How Exactly Do You ‘Drain the Swamp’? Here Are 4 Ways It Could Be Done.” by Catherine Ho for The Washington Post

Campaign Finance

“Justin Trudeau Faces Criticism Over Fund-Raisers in Canada” by Ian Austen for The New York Times

Ethics

“News Outlets Rethink Usage of the Term ‘Alt-Right’” by Sydney Ember for The New York Times

“The Controversial Legal Theory That Could Get Trump Sued” by Josh Gerstein for Politico

“Trump Names White House Counsel as Potential Conflicts Loom” by Jennifer Jacobs and Toluse Olorunippa for Bloomberg.com

Alabama: “Bodyguard: Alabama governor spent anti-terror funds on staff” by Tim Lockette for The Anniston Star

Missouri: “Could 2017 Be The Year That Ethics Reform Takes Hold in Missouri?” by Jason Hancock for Kansas City Star

Elections

“How Stable Are Democracies? ‘Warning Signs Are Flashing Red’” by Amanda Taub for The New York Times

“Trump’s Baseless Assertions of Voter Fraud Called ‘Stunning’” by Andrew Restuccia for Politico

“For Trump Son-in-Law and Confidant Jared Kushner, a Long History of Fierce Loyalty” by Shawn Boberg for The Washington Post