National:

Coke and Pepsi Give Millions to Public Health, Then Lobby Against It
New York Times – Anahad O’Connor | Published: 10/10/2016

Despite the fact that America has an obesity problem, fueled in part by the overconsumption of sugar, several prominent public health groups (including some that are government-run) have accepted money from soda companies in recent years. In a new study, researchers at Boston University School of Medicine report that between 2011 to 2015, 96 national health organizations accepted money from Coca-Cola, PepsiCo, or both companies. There has been increasing scrutiny in recent years of the soda industry’s influence over the public health debate, especially over soda’s link to obesity, and legislative efforts such as soda taxes and bans meant to curb its influence. The researchers looked at lobbying efforts by the companies and found both actively oppose legislation that targets soda and is designed to prevent obesity.

Gerrymandering Helped Republicans Take Control of Congress, but Now It’s Tearing Them Apart Over Trump
Los Angeles Times – Lisa Mascaro | Published: 10/11/2016

Across the country, Republicans in contested races face a terrible bind: they have to run from Donald Trump to hold onto swing votes, even if that angers some core supporters. But in secure, heavily conservative GOP districts, Republicans face the opposite pressure: to cleave fast to Trump, who remains popular despite statements that have alienated many voters. The crisis sparked by the Trump campaign has split the Republican Party in two, and ironically, the gerrymandering of districts that helped build the GOP congressional majority is now working to make that fracture worse.

Federal:

Donald Trump Finds Improbable Ally in WikiLeaks
New York Times – Patrick Healy, David Sanger, and Maggie Haberman | Published: 10/12/2016

Donald Trump, his advisers, and many of his supporters are increasingly seizing on a trove of embarrassing emails from Hillary Clinton’s campaign that WikiLeaks has been publishing – and that U.S. intelligence agencies said came largely from Russian intelligence agencies, with the authorization of “Russia’s senior-most officials.” The Trump campaign’s willingness to use WikiLeaks is a turnabout after years of bipartisan criticism of the organization for past disclosures of American national security intelligence and other confidential information. The accusation that Russian agents are now playing an almost-daily role in helping fuel Trump’s latest political attacks on Clinton raises far greater concerns, though, about foreign interference in a presidential election.

Filmmaker Says Lobbying Firm Tried to ‘Thwart’ Screening of Documentary Critical of Herbalife
Washington Post – Emily Heil | Published: 10/10/2016

The Washington, D.C. screening of a documentary scrutinizing controversial multilevel marketing company Herbalife had 173 empty seats because Herbalife’s lobbying firm bought them out. The documentary, Ted Braun’s “Betting on Zero,” focuses on activist investor Bill Ackman’s quest to portray Herbalife as a pyramid scheme and profit from shorting its stock. Ten staffers of Heather Podesta + Partners, which lobbies for Herbalife, bought half the tickets and never picked them up, according to organizers of the film festival. At $15 a seat, the ruse cost more than $2,500. The company paid the firm $70,000 last quarter, lobbying disclosures show.

Trump Reels as More Accusers Emerge
Politico – Louis Nelson | Published: 10/13/2016

Multiple women have come forward to accuse Donald Trump of uninvited kissing or groping. The stories, which have been told to different news organizations, come after Trump denied during the most recent presidential debate that he had ever sexually assaulted a woman. He has also denied the latest reports in The New York Times, The Palm Beach Post, and People, calling them fabrications and threatening lawsuits. The women who spoke to The Times, who are both supporters of Hillary Clinton, said they felt compelled to speak out after Trump said he had never done the things he was caught boasting about on a 2005 videotape.

WikiLeaks Hack Reveals Cozy Relationship between Clinton Campaign, Super PAC
The Hill – Jonathan Swan | Published: 10/10/2016

A top attorney for Hillary Clinton’s presidential campaign sent a memorandum to campaign aides teaching them how to legally communicate with a pro-Clinton super PAC, emails released by WikiLeaks show. While Clinton has claimed her campaign has nothing to do with the super PAC Priorities USA, a leaked email from the personal account of Clinton’s campaign chairperson, John Podesta, suggests differently. In the email, Clinton attorney Marc Elias outlined what is basically a strategy for steering large campaign donors to the super PAC without breaking the law.

From the States and Municipalities:

Alaska – Lobbyist Bankrolled PAC Run by State Lawmaker Is Legal, APOC Staff Says
KTUU – Austin Baird | Published: 10/10/2016

Lobbyists bankrolling a PAC run by a sitting state lawmaker, an unconventional approach to financing campaigns that started happening this year, is not a violation of state law, according to an Alaska Public Offices Commission staff opinion. The source of the cash is at the core of the complaint against the group run by Rep. Gabrielle LeDoux, which alleges wrongdoing on three fronts centered around the fact that several lobbyists who live outside of LeDoux’s district contributed $500 apiece. Alaska law allows paid lobbyists to contribute to legislative campaigns but only to candidates running in their own district.

California – State Lawmakers Got about $873,000 in Freebies Last Year, but the Gifts Can Be Difficult to Track
San Louis Obispo Tribune – Matt Fountain | Published: 10/8/2016

California lawmakers reported receiving about $873,000 in meals, entertainment, travel, and other gifts last year. Public officials across the state are required to file financial disclosure forms that are the public’s way of ensuring officials are making decisions based on the public interest and not their own financial gain. But the primarily paper-based system is inherently messy, with little consistency in how gifts are reported, making it cumbersome to verify some vague and incorrectly reported gifts. Legal loopholes regarding what constitutes free travel and degrees of separation between lobbyists and gift-giving render key aspects of the laws essentially toothless.

Hawaii – How Hawaii Companies Pay to Party It Up with Public Officials
Honolulu Civil Beat – Chad Blair | Published: 10/11/2016

Those attending and sponsoring the Hawaii Congress of Planning Officials included some of the most powerful business interests in the state who had the chance to hobnob with the kind of government officials who have influence on issues that affect them. State and county laws have strict rules about government officials receiving gifts, particularly if it appears those gifts could have an influence on their actions. But conferences like the recent three-day planning retreat on Kauai show how special interests are still able help pay to entertain an array of public officials.

Illinois – Chicago Politicians Warned on Use of Coveted Face-Value Cubs Playoff Tickets
Chicago Tribune – Hal Dardick | Published: 10/9/2016

Aldermen and city officials who take advantage of the Chicago Cubs’ offer to purchase playoff tickets at face value must accompany their guests to all games at Wrigley Field and be publicly announced to the crowd or risk violating the city’s ethics ordinance. Chicago Ethics Board Executive Director Steve Berlin noted the law prohibits city employees and elected officials from accepting gifts worth more than $50 and the difference between the face value of Cubs playoff tickets and the “commonly understood fair market value” exceeds that limit. But the ordinance does allow officials to attend events “in their official capacity,” he added. “It could be construed as a prohibited gift to the city official if they are not announced or if they give away or resell all tickets they purchased at this special price,” Berlin wrote.

Michigan – Secretive Funds Allow Michigan Lawmakers to Accept Corporate Cash
MLive.com – Craig Mauger (Michigan Campaign Finance Network) and Emily Lawler | Published: 10/11/2016

It is illegal for a corporation to give directly to a candidate’s campaign account in Michigan. But there is a difficult-to-trace and rarely discussed form of legal fundraising where many donations do not have to be disclosed. An investigation found at least 50 of Michigan’s House and Senate members, about one in three, are connected or have been connected to a nonprofit or administrative account. From 2013 to 2015, about $12.8 million flowed to more than 100 accounts connected to political parties, elected officeholders, and their consultants. Finding who runs these lawmaker-connected organizations, who gives to them, and what the contributions are used for can be extremely difficult.

Missouri – Aldermen Pass Legislation Limiting Campaign Contributions to $10,000 in St. Louis Elections
St. Louis Post-Dispatch – Koran Addo | Published: 10/7/2016

Members of the St. Louis Board of Aldermen passed a pair of reform bills, one intended to keep wealthy donors from unduly influencing local elections and the other meant to keep elected officials honest about the gifts they receive. The first bill would limit campaign contributions in city elections to $10,000 per election cycle. It also would the Municipal Officials and Officers Ethics Commission to investigate campaign finance violations. The board also passed a bill requiring elected officials to report within 30 days any gift or travel expense valued at $375 or more given to them or an immediate family member. Violating the reporting requirement would result in docked pay.

New York – At Graft Scandal’s Center, a Lobbyist with a Long History in the Cuomo Orbit
New York Times – Vivian Yee | Published: 10/7/2016

For New York Gov. Andrew Cuomo, the corruption scandal that threatens to inflict lasting harm on his political career and his family’s legacy is a betrayal of multiple dimensions. It is a betrayal of his plans to revitalize the economies in western and central New York, and of the Cuomos’ political self-image, built by his father, former Gov. Mario Cuomo, on clean, competent, accountable government. And if anyone made it all possible, it seemed to be one of their own: Todd Howe, who has implicated himself and helped federal prosecutors charge eight other Cuomo advisers and donors in a wide-ranging bribery scheme surrounding the governor’s office.

New York – Disclosure Law for Outside Income Often Ignored, Rarely Enforced
Albany Times Union – Chris Bragg | Published: 10/11/2016

The recent spate of corruption charges in New York has sparked calls for closer scrutiny of state officials’ outside jobs. But a law already on the books that addresses the issue does not appear to be rigorously enforced. A 2011 law requires lobbyists or their clients who pay a state employee more than $1,000 in a year to submit a form detailing the exact amount every six months. It also requires a description of the nature of the state employee’s outside work. Since the law was passed, only 24 lobbying clients and 11 lobbyists have submitted paperwork detailing the hiring of state officials. Joint Commission on Public Ethics spokesperson Walter McClure said he did not know of someone ever been fined for failing to file this kind of report.

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.

National:

Gaming the Six-Week Election Day
Bloomberg.com – Sasha Issenberg and Steven Yaccino | Published: 9/19/2016

By the constitutionally mandated first Tuesday after a Monday in November, more than one-third of Americans will have already voted for president. There are still battleground states that make no provision for early voting, but in those that do it has created a new kind of electoral arms race. Early voting is a particular gift to well-organized, well-funded campaigns, which can extend their turnout operations as long as six weeks, locking down precise factions of the electorate in domino-like fashion, and sequence their persuasion efforts with a clear view of who has yet to vote.

Some Republicans Acknowledge Leveraging Voter ID Laws for Political Gain
New York Times – Michael Wines | Published: 9/16/2016

There has been a wave of voter ID laws enacted in the last six years, mostly by Republican-controlled Legislatures whose leaders claimed that cheating at the ballot box is a routine occurrence. Yet academic studies and election-law experts broadly agree that voter fraud is not a widespread problem in American elections. Rather, they say, it is a widespread political tactic used either to create doubt about an election’s validity or to keep one’s opponents – in most cases, Democratic voters – from casting ballots. In unguarded moments, some Republican supporters of the laws have been inclined to agree.

Federal:

Court Rules against FEC in Ad Case
The Hill – Jonathan Swan | Published: 9/19/2016

A federal judge ruled the FEC must revisit whether two nonprofits’ anti-Obamacare ads were meant to influence an election, which would require the groups to disclose their backers. The judge said the FEC misinterpreted the First Amendment when it dismissed a progressive group’s complaints. Federal law requires groups to register as political committees and reveal their donors when their “major purpose” is to nominate or elect candidates. But if their major purpose is to promote “social welfare” or to educate voters on issues, they are allowed to keep their donors’ identities hidden. “This should be of concern to organizations which have been very politically active while failing to report as a political committee, relying on the FEC’s refusal to enforce the law,” said former FEC general counsel Larry Noble.

Nonprofit Seeks to Crowdfund Lobbying
The Hill – Megan Wilson | Published: 9/15/2016

A new nonprofit aims to crowdfund lobbying campaigns in order to give people a voice on K Street. Lobbyists 4 Good founder Billy DeLancey, who has worked in public affairs in both government and the private sector, said he will primarily use small-dollar donations to retain high-powered lobbyists who work on public interest issues. The idea has been in development since earlier this year, and DeLancey has already developed a working relationship with well-known law and lobby firms such as K&L Gates.

Trump Used $258,000 from His Charity to Settle Legal Problems
Washington Post – David Fahrenthold | Published: 9/20/2016

Donald Trump reportedly used $258,000 from his charitable foundation to settle lawsuits involving his for-profit businesses, potentially violating laws against nonprofit leaders using charity dollars to benefit themselves or their companies. Trump also allegedly spent $5,000 from the foundation to buy advertisements for his hotel chain and $10,000 to purchase a portrait of himself at a charity fundraiser. He had previously used $20,000 in foundation dollars to buy a different portrait of himself. If the IRS were to find Trump violated self-dealing rules, it could require him to pay a penalty taxes or reimburse the foundation.

Why Campaign Finance Laws Probably Won’t Stop Hannity and Lewandowski from Helping Trump
Washington Post – Callum Borchers | Published: 9/21/2016

Sean Hannity is one of Donald Trump’s biggest media boosters, and his aid for Trump’s presidential bid does not end with promotional on-air commentary. Hannity acknowledged he is an informal adviser to the campaign, and he appeared in a recent Trump ad. Fox News said Hannity appeared without the network’s knowledge and will not do so again. After his advisory role was reported, an FEC complaint alleged that “Mr. Hannity may be using Fox News Channel resources to offer the Trump campaign ‘suggestions on strategy and messaging,’ which would be in violation of the federal prohibition on corporate campaign contributions.” It highlights a question raised repeatedly in the 2016 election by media observers: at what point do the activities of media professionals cross the line to become illegal, in-kind corporate contributions?

From the States and Municipalities:

California – Changes Coming to San Diego Ethics Commission
San Diego Union-Tribune – David Garrick | Published: 9/20/2016

San Diego will make some changes to the city’s Ethics Commission based on recent recommendations by a grand jury, but rejected some of the panel’s key suggestions. Changes approved by the city council include a new name – the City of San Diego Fair Political Practices Commission – to more accurately reflect the agency’s duties. The council also agreed to guarantee the commission’s ongoing existence by making it part of the City Charter, which will require a public vote probably in 2018.

California – State Agency Under Fire for Pressuring Open-Government Groups It Regulates to Change Position on Legislation
Los Angeles Times – Patrick McGreevy | Published: 9/20/2016

Backers of legislation that would have increased transparency on the funding of political ads criticized the California Fair Political Practices Commission (FPPC) for heavy-handed tactics they said included pushing groups the agency has the power to investigate to drop their support for the bill. Assembly Bill 700, which died near the end of the legislative session, would have required political committees that pay for print, radio, and television ads on candidates and ballot measures to clearly identify the top financial contributors to the campaigns. The FPPC objected to late amendments it felt affected its ability to prevent donors from secretly funneling money to a campaign in amounts higher than legal limits.

Florida – Campaign-Finance Rules Won’t Be on Miami-Dade Ballot
Miami Herald – Douglas Hanks | Published: 9/20/2016

The petition drive to get new campaign finance rules before Miami-Dade voters in November officially ended when an appeals court formally overruled a judge who had ordered the package on the ballot. In reality, the legal fight ended a few days earlier when the Third District Court of Appeal declined to lift a freeze on the judge’s order, allowing Miami-Dade’s deadline for printing the ballots to pass without including the item. County commissioners had already voted against sending the measure to voters, saying the union-backed proposal had too many legal flaws to be considered. The initiative would have banned county vendors, their lobbyists, and relatives from giving to candidates for county office and lowered the contribution limit from $1,000 to $250.

Iowa – Ron Paul Aides Avoid Jail Time in Endorsement Scheme
Des Moines Register – Grant Rodgers | Published: 9/20/2016

Two top aides to former U.S. Rep. Ron Paul’s 2012 presidential bid were sentenced to probation and home confinement rather than prison for their roles in a scheme to cover up campaign payments to a former Iowa senator who agreed to endorse Paul. Although prosecutors were seeking more than two years in federal prison, Jesse Benton and John Tate were sentenced to two years’ probation and six months of home confinement, along with community service and a $10,000 fine. They were accused of conspiring to cause false campaign contribution reports to be filed with the FEC. The men have argued they broke no laws when they paid a video production company, which passed on $73,000 to former state Sen. Kent Sorenson. He dropped support for Michele Bachmann and endorsed Paul six days before the 2012 Iowa caucuses.

Missouri – Campaign Contributions Limit Amendment to Appear on Missouri Ballot
Kansas City Star – Jason Hancock | Published: 9/19/2016

A Missouri initiative to reinstate campaign contribution limits cleared its final legal hurdle to appear on the November ballot. The state Supreme Court turned down a request to hear a challenge of the proposed constitutional amendment. The proposal known as Constitutional Amendment 2 would limit contributions to candidates to $2,600 per election and cap donations to political parties at $25,000. Missouri’s previous limits were repealed in 2008. Since then, some donors routinely have given five- and six-figure checks.

New Jersey – U.S. Says for First Time That Christie Knew of Bridge Plot
Bloomberg.com – David Voreacos and Elise Young | Published: 9/19/2016

A federal prosecutor told jurors a witness will testify that New Jersey Gov. Chris Christie was told about a plan to close traffic lanes near the George Washington Bridge as the shutdown was happening, a claim he has contested for years. The trial comes three years after gridlock paralyzed a town next to the busy bridge connecting New Jersey to New York City for four days. Prosecutors said Bill Baroni and Bridget Kelly had sought political revenge against Fort Lee Mayor Mark Sokolich. Baroni was a top Christie appointee to Port Authority of New York and New Jersey. Kelly was Christie’s former chief of staff. They face counts of wire fraud, conspiracy, deprivation of civil rights, and misusing an organization receiving federal funds. Christie has denied knowing about the scheme and was not charged in the federal investigation.

Texas – Texas Ag Commissioner Sid Miller Admits to Getting ‘Jesus Shot’ but Avoids Criminal Charges
Dallas Morning News – Lauren McGaughy | Published: 9/20/2016

Texas Agriculture Commissioner Sid Miller will not face criminal charges for using taxpayer money on trips in which he competed in a rodeo and got a medical injection known as “The Jesus Shot.” The Travis County district attorney’s office decided not to prosecute Miller for abuse of power after he agreed to refund an additional $498 to the state. The decision frees him from legal trouble over the trips to Oklahoma and Mississippi in February 2015. On at least two occasions, Miller’s office withheld records about the Oklahoma trip. State law prohibits officeholders from withholding public records and from using state money or campaign funds for travel that primarily is personal in nature.

Wisconsin – An Inside Look at How Politicians Beg for Big Checks
Washington Post – Matea Gold | Published: 9/20/2016

Documents produced as part of a now-halted probe into suspected illegal campaign coordination in Wisconsin reveal in stark terms how the chase for big money by politicians has largely become a frantic pursuit of billionaires and corporate executives. Emails written in 2011 and 2012, when Gov. Scott Walker was raising funds to combat his attempted recall and that of a group of Republican state senators, expose how Walker played a leading role in securing big checks, making personal pleas to rich conservatives across the country. Among the donors Walker personally hit up was Donald Trump, who signed a check for $15,000 the day the governor visited him in April 2012.

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

New York:”Uber Gets Creative in Lobbying for Expansion into Upstate NY” by Patrick Lohmann for NewYorkUpstate.com

Campaign Finance

“Sheldon Adelson Focuses on Congressional Races, Despite Donald Trump’s Pleas” by Nicholas Confessore and Maggie Haberman for New York Times

“GOP Beat Fundraising Goal for Convention, New Filings Show” by Megan Wilson for The Hill

“Why Campaign Finance Laws Probably Won’t Stop Hannity and Lewandowski from Helping Trump” by Callum Borchers for Washington Post

California: “State Agency Under Fire for Pressuring Open-Government Groups It Regulates to Change Position on Legislation” by Patrick McGreevy for Los Angeles Times

Florida: “Campaign-Finance Rules Won’t Be on Miami-Dade Ballot” by Douglas Hanks for Miami Herald

Iowa: “Ron Paul Aides Avoid Jail Time in Endorsement Scheme” by Grant Rodgers for Des Moines Register

Missouri: “Campaign Contribution Limits Clear First Hurdle in the City” by Rachel Lippmann for KWMU

Ethics

California: “Changes Coming to San Diego Ethics Commission” by David Garrick for San Diego Union-Tribune

Texas: “Texas Ag Commissioner Sid Miller Admits to Getting ‘Jesus Shot’ but Avoids Criminal Charges” by Lauren McGaughy for Dallas Morning News

Elections

“Donald Trump Jr.’s Skittles Post on Twitter Fits a Pattern” by Jason Horowitz for New York Times

Lobbying

Tennessee: “Memphis Lawmaker Defends Decision to Accept Free Trip to Europe” by Jody Callaham for The Tennessean

Campaign Finance

“MLB a Little Late to the Game with FEC Filings” by Ashley Balcerzak for Center for Responsive Politics

“Trump Shatters GOP Records with Small Donors” by Shane Goldmacher for Politico

New York: “Campaign Finance Board Considers Rules Changes, Including Controversial ‘Coordination’ Proposal” by Samar Khurshid for Gotham Gazette

Ethics

California: “Former L.A. Coliseum Executive Sentenced to Jail in Corruption Case” by Joseph Serna and Rong-Gong Lin II for Los Angeles Times

Florida: “Opa-locka Lawsuit Describes Sordid World of Threats, Shakedowns” by Michael Sallah and Jay Weaver for Miami Herald

New Jersey: “U.S. Says for First Time That Christie Knew of Bridge Plot” by David Voreacos and Elise Young for Bloomberg.com

Elections

“Some Republicans Acknowledge Leveraging Voter ID Laws for Political Gain” by Michael Wines for New York Times

“Donald Trump’s Anything-Goes Campaign Sets an Alarming Political Precedent” by Jonathan Martin for New York Times

Lobbying

“Chaka Fattah’s K Street Friends Stand by Him” by Sean McMinn for Roll Call

“Nonprofit Seeks to Crowdfund Lobbying” by Megan Wilson for The Hill

Campaign Finance

“Whom to Vote for? Employees Tend to Follow Their Leader” by Andrew Ross Sorkin for New York Times

“New Records Shed Light on Donald Trump’s $25,000 Gift to Florida Official” by Kevin Sack and Steve Eder for New York Times

Florida: “Appeals Court Declines to Put Campaign-Finance Rules on Ballot” by Douglas Hanks for Miami Herald

Ethics

“White House Women Want to Be in The Room Where It Happens” by Juliet Eilperin for Washington Post

Connecticut: “Wade to Recuse Herself from Anthem-Cigna Review” by Mark Pazniokas for Connecticut Mirror

Elections

“Sowing Doubt Is Seen as Prime Danger in Hacking Voting System” by David Sanger and Charlie Savage for New York Times

“Clinton Campaign Releases Doctor’s Letter Describing ‘Mild’ Pneumonia” by Abby Phillip and Anne Gearan for Washington Post

Virginia: “Va. Supreme Court Finds McAuliffe Not in Contempt on Felon Voting Actions” by Laura Vozzella for Washington Post

Legislative Issues

“Why the U.S. Economy Lags: It’s the politics, stupid” by Paul Davidson for USA Today

National:

How the Sugar Industry Shifted Blame to Fat
New York Times – Anahad O’Connor | Published: 9/12/2016

In 1967, the Sugar Research Foundation, the precursor to the Sugar Association, paid Harvard scientists about $50,000 in today’s money to discredit a link now widely accepted among scientists, that consuming sugar can raise the risk of cardiovascular disease. Instead, the industry and the scientists pinned the blame squarely, and only, on saturated fat. Even though the influence-peddling revealed in the documents dates back nearly 50 years, more recent reports show the food industry has continued to influence nutrition science.

Real-Time Election Day Projections May Upend News Tradition
New York Times – Nick Corasaniti | Published: 9/10/2016

Television networks and newspapers have traditionally agreed not to reveal the information they gather through exit polling to their audiences until polls close. Journalists keep that information to themselves, campaigns track the outcome with their own methodologies, and voters are left without access to information about how the election is going in real time. Now, a new company called VoteCastr is seeking to upend that reporting tradition, providing detailed projections of who is winning at any given time on Election Day in key swing states, and updating the information in real time. The plan is likely to cause a stir among those involved in reporting election results, who worry about both accuracy and an adverse effect on how people vote.

Federal:

Congressman Offers Unusual Defense in Ethics Probe
Center for Public Integrity – John Dunbar | Published: 9/13/2016

U.S. Rep. Roger Williams, a Texas Republican under investigation by the House ethics committee, says he did nothing wrong when he offered an amendment that would benefit car dealers, despite the fact that he himself is a car dealer. Members of Congress may not use their positions for personal financial benefit. But Williams asserted he did not profit from his actions. Instead, Williams revealed, he offered the amendment at the behest of a lobbyist. And the lobbyist – whose employer, the national Automobile Dealers Association, one of Williams’ top donors – sent along “proposed language” for the text of the amendment. There is no timetable for when the committee will rule. But regardless of what happens, Williams’ defense offers a rare glimpse at how business is often done in the Capitol.

How Donald Trump Retooled His Charity to Spend Other People’s Money
Washington Post – David Fahrenthold | Published: 9/10/2016

An investigation of the Donald J. Trump Foundation found it collects and spends money in a very unusual manner. For one thing, nearly all of its money comes from people other than Trump. In tax records, the last gift from Trump was in 2008. Since then, all of the donations have been other people’s money, an arrangement that experts say is almost unheard of for a family foundation. Trump then takes that money and generally does with it as he pleases. In many cases, he passes it on to other charities, which often are under the impression it is Trump’s own money. Foundation money has also been used for political purposes, which is against the law. Trump paid a penalty this year to the IRS for a 2013 donation in which the foundation gave $25,000 to a campaign group affiliated with Florida Attorney General Pamela Bondi.

How These Powerful Women Learned to Love Fundraising
Washington Post – Elise Viebeck | Published: 9/12/2016

Lawmakers frequently think fundraising is the worst part of their job, but it has become critical to their success as the cost of campaigns skyrockets. According to interviews with more than a dozen women in Congress, raising campaign funds poses unique challenges for women entering politics and seeking to rise through the ranks. Building a war chest is essential to female politicians as they work to get elected and to secure a seat at the leadership table, which involves both campaigning and fundraising for colleagues. Scholars have found women exhibit more negative attitudes toward fundraising and express more concern about attracting donors, to the point that it can deter some from running for office.

Lobbying Registrations Are Down, But The Influence Industry Is Flourishing
Washington Post – Catherine Ho | Published: 9/12/2016

This year, for the ninth consecutive time, the number of registered lobbyists in Washington, D.C. has fallen. The figure has dropped from about 14,800 in 2007 to 10,500 today. But ask virtually any member of K Street’s booming influence industry and they will tell you there are not fewer lobbyists, there are just fewer people labeling themselves as such. Eschewing the lobbyist label in favor of more palatable designations such as policy adviser, strategic counsel, or government relations adviser is not new. But it appears to have grown more prevalent during the two terms of President Obama, who put greater restrictions on lobbyists working in the executive branch than any other president.

From the States and Municipalities:

California – Jury Finds Azano Guilty on 36 Counts in Foreign Money Case
San Diego Union-Tribune – Dana Littlefield and Greg Moran | Published: 9/9/2016

A Mexican businessperson accused of making illegal campaign donations to candidates in San Diego’s 2012 mayoral race was convicted of 36 counts, including conspiracy to make political contributions by a foreign national. José Susumo Azano Matsura also was found guilty in federal court of making contributions in other people’s names and falsifying records.  As a foreign citizen without legal status in the U.S., Azano was prohibited by law from donating to domestic campaigns. Although he lived in a Coronado Cays and both his wife and son were U.S. citizens, Azano did not have a green card or any immigration status that would allow him to financially support political campaigns in this country.

Florida – Judge Orders Campaign-Finance Question Put on Miami-Dade Ballot
Miami Herald – Douglas Hanks | Published: 9/9/2016

Circuit Court Judge William Thomas ordered that Miami-Dade voters get a chance to decide on new rules for campaign contributions, reversing a decision by county commissioners to keep the measure off the November ballot because of alleged legal flaws. The judge ruled the union-backed group behind the proposal to ban county contractors and their lobbyists from donating to county candidates followed all the required steps to secure a ballot slot. County lawyers appealed Thomas’ decision.

Michigan – House Candidate Steve Marino Retracts Claims from Secret Recordings
Detroit Free Press – Paul Egan | Published: 9/11/2016

Michigan House candidate Steve Marino disavowed ever picking up bar tabs for state lawmakers as a lobbyist after Democrats released audio recordings showing him making the claims. Marino, a Macomb County commissioner who was a registered lobbyist from 2013 to 2015, said that despite the way he described the events, they did not involve him personally. Instead, he said the stories were composites patched together from events he had witnessed or heard about over the years.

Missouri – Court: Missouri voters can decide if they want to bring back limits on campaign contributions
St. Louis Post-Dispatch – Kurt Erickson | Published: 9/13/2016

A state appeals court ruled that a measure re-imposing campaign contribution limits in Missouri can be placed on the November ballot. The initiative would ask voters whether they want to cap donations to individual candidates to $2,600 and limit contributions to a political party to $25,000. The referendum would ban the current practice of funneling money through different committees to hide the source of the money. Opponents say the initiative unfairly limits some classes of businesses and associations from giving money to campaigns. They vowed to appeal the ruling to the state Supreme Court.

Pennsylvania – Gas-Dealing Pa. Game Commission Official Ordered to Pay $75K Fine
Philadelphia Inquirer – Andrew Maykuth | Published: 9/13/2016

William Capouillez, a retired Pennsylvania Game Commission official, will pay a $75,000 fine over his side business. While he was director of the Bureau of Wildlife Habitat Management, Capouillez negotiated gas leases with drilling companies on behalf of private landowners while overseeing Game Commission leases with the same companies. He agreed to the fine in exchange for no further action by the state Ethics Commission, but the head of the ethics panel said Capouillez still faced possible criminal charges. The Ethics Commission said the $75,000 penalty represented just a portion of the amount Capouillez earned since 1996, when he began operating his business. But it said most of the alleged violations occurred before the agency’s five-year statute of limitations expired.

Tennessee – Jeremy Durham Expelled from Tennessee House in 70-2 Vote
The Tennessean – Joel Ebert and Dave Boucher | Published: 9/13/2016

The Tennessee House voted to expel state Rep. Jeremy Durham following allegations of widespread sexual harassment. The vote followed an attorney general’s investigation that detailed allegations of improper sexual contact with at least 22 women over the course of his four years in office. House Speaker Beth Harwell effectively quarantined Durham from other lawmakers, staff, and lobbyists in April, moving his office across the street and barring him from entering the main legislative area other than for official business. The move came after state Attorney General Herbert Slatery said Durham could pose a risk to “unsuspecting women” at the Capitol complex.

Virginia – Prosecutors Will Drop Case Against Former Va. Governor Robert McDonnell
Washington Post – Rachel Weiner and Matt Zapotosky | Published: 9/8/2016

The Justice Department decided to drop all charges against former Virginia Gov. Bob McDonnell following a U.S. Supreme Court ruling that vacated his original conviction on corruption charges. As a result, McDonnell’s legal ordeal effectively ends. The justices ruled McDonnell, convicted in 2014 and sentenced to two years in prison for helping a personal donor navigate the state bureaucracy, had not performed any official acts on the donor’s behalf. For federal prosecutors, the case carries grave implications. It likely will make it more difficult for them to use federal bribery, extortion, and fraud statutes against public officials.

Wisconsin – Report: Lead paint makers helped Gov. Walker
Milwaukee Journal Sentinel – Jason Stein and Patrick Marley | Published: 9/14/2016

A new report sheds new light on the relationships between Gov. Scott Walker and donors to the Wisconsin Club for Growth during the governor’s 2012 recall election. The Guardian U.S. sifted through 1,500 leaked documents from a probe into Walker’s campaign. The documents show $750,000 in donations to Wisconsin Club for Growth from Harold Simmons, the owner of one of the leading producers of lead used in paint until it was banned. Walked signed into law changes passed by the Republican-led Legislature that would have made companies like NL Industries effectively immune from compensation claims for lead paint poisoning. One document shows a lobbyist for NL Industries suggested the language that should be used to make the effective immunity retroactive. The phrase suggested by the lobbyist is the one that was added to an amendment, which was signed into law but later blocked by a federal court.

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

“How the Sugar Industry Shifted Blame to Fat” by Anahad O’Connor for New York Times

“Lobbying Registrations Are Down, But The Influence Industry Is Flourishing” by Catherine Ho for Washington Post

“Congressman Offers Unusual Defense in Ethics Probe” by John Dunbar for Center for Public Integrity

Campaign Finance

“How These Powerful Women Learned to Love Fundraising” by Elise Viebeck for Washington Post

Ethics

California: “Ex-Assemblyman Tom Calderon Is Sentenced to a Year in Federal Custody in Bribery Case” by Joel Rubin for Los Angeles Times

Connecticut: “Wade Faces Subpoena in Cigna Conflict of Interest Question” by Mark Pazniokas for Connecticut Mirror

Florida: “Former Opa-locka City Manager Pleads Guilty in Corruption Probe” by Jay Weaver and Michael Sallah for Miami Herald

New York: “Bill Nojay, Upstate Assemblyman, Dies After Shooting Himself at a Cemetery” by Vivian Yee for New York Times

Elections

“Appeals Court Overrules Federal Election Official on Proof of Citizenship for Voting” by Josh Gerstein for Politico

Legislative Issues

Tennessee: “Jeremy Durham Expelled from Tennessee House in 70-2 Vote” by Joel Ebert and Dave Boucher for The Tennessean

Lobbying

Michigan: “House Candidate Steve Marino Retracts Claims from Secret Recordings” by Paul Egan for Detroit Free Press

New York: “De Blasio’s Nonprofit Must Comply with Ethics Panel’s Subpoena, Judge Says” by J. David Goodman for New York Times

Campaign Finance

California: “Jury Finds Azano Guilty on 36 Counts in Foreign Money Case” by Dana Littlefield and Greg Moran for San Diego Union-Tribune

Colorado: “Colorado Supreme Court Set to Hear Appeal Over Legal Services Being Treated Like Campaign Contributions” by Tom McGhee for Denver Post

Florida: “Judge Orders Campaign-Finance Question Put on Miami-Dade Ballot” by Douglas Hanks for Miami Herald

Washington: “I-1464 Seeks Big Changes to Washington State Campaign-Finance System” by Rachel LaCorte (Associated Press) for Seattle Times

Ethics

Texas: “Empower Texans Escalates Battle with Ethics Commission” by Patrick Svitek for Texas Tribune

Virginia: “Prosecutors Will Drop Case Against Former Va. Governor Robert McDonnell” by Rachel Weiner and Matt Zapotosky for Washington Post

Elections

“Real-Time Election Day Projections May Upend News Tradition” by Nick Corasaniti for New York Times

“Hillary Clinton Is Set Back by Decision to Keep Illness Secret” by Amy Chozick and Patrick Healy for New York Times

Lobbying

“Lobbyists Prepare for Clinton Win” by Megan Wilson for The Hill

Campaign Finance

“Prolific Donor Trump, Often Skirted Rules, Paid Fines” by Drew Griffin, David Fitzpatrick, and Tom LoBianco for CNN

California: “Political Paradox? Prop. 59 Asks Californians to Condemn a Big-Money System Long Used Here” by Laurel Rosenhall for CALmatters.org

Illinois: “Judge: Illinois campaign finance law constitutional” by Michael Tarm (Associated Press) for State Journal-Register

Oregon: “Portland Reconsiders Public Money for Political Campaigns” by Brad Schmidt for Portland Oregonian

South Dakota: “Panel Ponders Allowing Businesses to Open Checkbooks for Candidates” by Bob Mercer for Black Hills Pioneer

Ethics

California: “Scandal Plagues City of Commerce, but Generous Services Help Blunt Public Scrutiny” by Adam Elmahrek for Los Angeles Times

Elections

“Hillary Clinton’s ‘Invisible Guiding Hand’” by Shane Goldmacher for Politico

Minnesota: “U Launches First-of-Its-Kind Program for Elections Officials” by Kelly Smith for Minneapolis Star-Tribune

Texas: “Court Filing Accuses Texas of Misleading Voters Without IDs” by Michael Wines for New York Times

Legislative Issues

Tennessee: “Beth Harwell: Jeremy Durham expulsion vote will happen” by Joel Ebert and Dave Boucher for The Tennessean

Lobby Comply is taking a holiday break. We will be back on Monday, September 12.

Enjoy your Labor Day holiday!

Q. My company has registered lobbyists and is a member of local and regional associations in numerous states. Are there any unique disclosure requirements due to these circumstances?

A. You should always consider a couple of different aspects of reporting with this type of relationship. First and most obvious, the dues you pay to a trade association may have to be disclosed on your lobbying disclosure report.  A trade association can engage in lobbying on behalf of its members, making a portion of your dues reportable as a lobbying expense.

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See what’s happening in government relations this week with our Video Digest. Enjoy!

Campaign Finance

“Study: Outside groups, secret money far more prominent than ever before” by Robert Maguire for Center for Responsive Politics

“Inside the Exclusive Events Helping to Fund Clinton and the Democratic Party” by Matea Gold and John Wagner for Washington Post

“Donald Trump Is Finally Raising Money. So Why Isn’t He Spending It?” by Matea Gold and Anu Narayanswamy for Washington Post

Missouri: “Campaign Limits Ballot Question Challenged” by Kurt Erickson for St. Louis Post-Dispatch

Wisconsin: “Ethics Commission Will Be Able to Make Political Donations” by Scott Bauer (Associated Press) for Minneapolis Star Tribune

Ethics

Connecticut: “Questions Raised About State Education Officials’ Roles in Their Children’s Hiring” by Jon Lender for Hartford Courant

New York: “Cuomo Signs Ethics Bill, with Few Cheers” by Chris Bragg in Albany Times Union

Pennsylvania: “Political Operative Gets Probation for Role in Chaka Fattah’s Corruption Case” by Jeff Gammage for Philadelphia Inquirer

Elections

“Federal Appeals Court Says No to Restoring Extra Days of Early Voting in Ohio” by Mark Berman for Washington Post

Lobbying

Florida: “After #StartCounting Didn’t Work, Miami-Dade Group Sues Elections Dept.” by Douglas Hanks for Miami Herald

Campaign Finance

Washington: “Judge Gives Attorney General Green Light to Follow Tim Eyman’s Money” by Joel Connelly for Seattle Post-Intelligencer

Ethics

Kentucky: “Correction: Feuding Governors Story” by Adam Beam (Associated Press) for Lexington Herald-Leader

Missouri: “Faith Leaders Go on Trial for Protesting Missouri Senate for Medicaid Expansion” by Celeste Bott for St. Louis Post-Dispatch

Pennsylvania: “Jury: A.G. Kane Guilty of Perjury, Obstruction, All Other Charges” by Craig McCoy, Angela Couloumbis, and Laura McCrystal for Philadelphia Inquirer

Philadelphia: “D.A. Williams Belatedly Reports $160,050 in Gifts” by Chris Brennan for Philadelphia Inquirer

Elections

“The Psychiatric Question: Is It Fair to Analyze Donald Trump from Afar?” by Benedict Carey for New York Times

“Transcribers’ Agony: Frustrated Not by What Trump Says but How He Says It” by Daniel Libit for CNBC