National:

Companies Lobbying Government Keep Spending Secret from Shareholders: Report
International Business Times – David Sirota | Published: 3/1/2017

A new report finds just 12 percent of publicly traded corporations in the S&P 500 disclose their lobbying expenditures to shareholders. Investors have increasingly called for corporate disclosure of both campaign contributions and lobbying. Some 90 percent of S&P 500 companies have board level policies regarding campaign contributions, compared to the 25 percent that have policies on lobbying. But those policies largely apply to the federal government. The study found disclosure at the state level is sparse. Five percent of S&P 500 corporations reveal which states they lobby in and two percent reveal aggregate lobbying costs.

Republican Lawmakers Introduce Bills to Curb Protesting in at Least 17 States
Washington Post – Christopher Ingraham | Published: 2/24/2017

Since the election of Donald Trump as president, Republican lawmakers in at least 17 states have introduced or voted on legislation to curb mass protests in what civil liberties experts are calling “an attack on protest rights throughout the states.” From Virginia to Washington state, legislators have introduced bills that would increase punishments for blocking highways, ban the use of masks during protests, and, in at least once case, seize the assets of people involved in protests that later turn violent. The proposals come after a string of mass protest movements in the past few years, covering everything from police shootings of unarmed black men to the Dakota Access Pipeline to the inauguration of Trump.

Federal:

Barring Reporters from Briefings: Does it cross a legal line?
New York Times – Adam Liptak | Published: 2/28/2017

The White House blocked a number of media outlets from entering Press Secretary Sean Spicer’s office for a scheduled briefing, a highly unusual breach of relations between the White House and its press corps. Aides to Spicer allowed in reporters from only a handpicked group of news organizations that, the White House said, had been previously confirmed to attend. Organizations allowed in included Breitbart News, the One America News Network, and The Washington Times, all with conservative leanings. Reporters from Time magazine and The Associated Press, who were set to be allowed in to the briefing, chose not to attend in protest. The White House move came hours after Trump delivered a slashing broadside against the news media in a speech at the Conservative Political Action Conference.

Sessions Met with Russian Envoy Twice Last Year, Encounters He Later Did Not Disclose
Washington Post – Adam Entous, Ellen Nakashima, and Greg Miller | Published: 3/1/2017

U.S. Attorney General Jeff Sessions spoke twice with Russia’s ambassador to the U.S. last year, raising new questions about contact between Trump campaign officials and the Kremlin. Sessions, a former senator from Alabama, did not disclose the contact with Russian Ambassador Sergey Kislyak during his confirmation hearings, testifying under oath that he “did not have communications with the Russians.” The contacts are coming under scrutiny because Sessions endorsed Donald Trump early in his presidential bid. A spokesperson for Sessions confirmed the contact with Kislyak, saying the attorney general spoke on the phone with the ambassador in September. That conversation took place during the time when intelligence officials assert that Russia was interfering with the U.S. presidential election through a hacking and influence campaign.

Supreme Court Backs FEC Disclosure Rules
Bloomberg BNA – Kenneth Doyle | Published: 2/28/2017

The U.S. Supreme Court upheld a requirement that forces groups to say who is paying for issue advertising directed at candidates in an approaching election. The justices affirmed a lower court decision in a case involving ads that mention candidates but do not call for the election or defeat of one. The Supreme Court has generally upheld disclosure requirements even as it has struck down limits on raising and spending money in political campaigns.

Trump Inspires Encryption Boom in Leaky D.C.
Politico – Andrew Restuccia and Nancy Cook | Published: 2/27/2017

In a capital worried about leaked information, many people are scrambling to cover their digital tracks. More than 70 workers from several federal agencies are using encrypted cellphone apps to arrange nighttime and weekend meetings at homes in the Washington, D.C. area to discuss their potential resistance to President Trump, said Danielle Brian, executive director of the Project on Government Oversight. The surge in the use of scrambled-communication technology – enabled by free smartphone apps such as WhatsApp and Signal – could skirt or violate laws that require government records to be preserved and the public’s business to be conducted in official channels. Defenders of federal workers argue that interest in encryption has skyrocketed as career employees ponder how to respond to an administration they fear will break the law and punish dissent.

Who’s Watching Trump’s Ethics Watchdogs?
Politico – Darren Samuelsohn | Published: 2/25/2017

The lawyers tasked with policing Donald Trump’s potential conflicts-of-interest are grappling with an oversight system that is disjointed and ineffective. More than two dozen attorneys working inside and outside government have a part of Trump’s ethics portfolio, but no one individual has visibility into the full picture. The set up means that in some cases the lawyers are overlapping while other areas of potential conflict go uncovered entirely. Perhaps a bigger issue for the watchdog effort is that the lawyers who have the job of safeguarding either the White House or the president and his family business do not see the conflict issues as deserving the significant attention they have received since Trump’s election win last November.

From the States and Municipalities:

Arizona – Arizona House Passes Bills to Restrict Citizen Initiatives
Arizona Republic – Mary Jo Pitzl | Published: 2/23/2017

In an attempt to gain control over laws proposed by citizens, the state House approved a package of bills designed to rein in the century-old initiative process enshrined in the Arizona Constitution at statehood. Opponents say the moves would undercut the power of the people to shape laws, and run counter to the citizen initiative process, while proponents argue lawmakers need the flexibility to fix unforeseen problems that might arise from a ballot measure. The measures now move to the Senate for consideration.

California – Regulators Investigating SDG&E for Potential Lobbying Violations
San Diego Union-Tribune – Joshua Emerson Smith | Published: 2/23/2017

State regulators said they are investigating San Diego Gas & Electric’s (SDG&E) efforts to influence the local adoption of government-run electricity programs, saying the company does not have permission to do so yet. Officials with SDG&E and its parent company, Sempra Energy, said the California Public Utilities Commission cleared their specially designated marketing division to lobby on community choice aggregation (CCA), a program that would give residents and businesses an alternative to SDG&E. After publicly lobbying on CCA before the San Diego County Board of Supervisors, officials with the SDG&E marketing arm, Sempra Services Corporation, said they have been meeting with lawmakers countywide on this issue. This lobbying caught the attention of the commission’s regulators. They said they are looking into the matter and violations could be subject to fines as high as $50,000 for each offense.

Colorado – How the Charities on Your Colorado Tax Form Used Connections, Money and Legislation to Earn the Coveted ‘Godsend’
Denver Post – Brian Eason | Published: 2/27/2017

Colorado’s charitable checkoff program became the nation’s first in 1977 and the state touts itself as a national leader for tax-season giving. The donations are collected when residents offer to donate portions of their tax refund or make contributions above the amount owed by filling out a supplemental form. But the official seal of approval by appearing on the form obscures uncomfortable realities. Most of the organizations receive no state oversight and won a spot with political clout. For groups that appear on the form, Sen. Lois Court said, “frequently it’s because there is a lobbyist available to help – that kind of knocks out those who can’t afford lobbyists.”

Florida – Rubio Is Asked to Leave Tampa Office Over Disruption from Weekly Protests
Tampa Bay Times – Tony Marrero | Published: 2/28/2017

The owner of Bridgeport Center has notified U.S. Mario Rubio’s office that it will not renew its lease in the Tampa office building. The reason is that demonstrations have become too disruptive to the other tenants and a costly expense for America’s Capital Partners, the building’s owner. A variety of progressive groups who oppose President Trump’s agenda have gathered at least once a week at the building, lining up on the sidewalk to wave signs and shout messages. Rubio’s seven statewide offices have been lightning rods for demonstrations. Gatherings in front of the Tampa office have surpassed 150 people.

Florida – Senator Seeks Probe into Whether Lobbyist Lisa Miller Posed as ‘Concerned Citizen’ During Call
Florida Today – Michael Malone | Published: 2/24/2017

State Sen. Kevin Rader is asking Gov. Rick Scott to investigate whether lobbyist Lisa Miller posed as a “concerned citizen” to mislead participants in a conference call with a company that rates Florida insurers. Miller has denied posing as someone named Mary Beth Wilson to praise Demotech, Inc. during the call. Demotech held the call to explain a change in its rating system and discuss the downgrade of some Florida insurance companies. Jeff Grady, president of the Florida Association of Insurance Agents, first reported on his blog that “most industry professionals” believed the caller was Miller, of Lisa Miller & Associates. He did not name her, but posted a link to her lobbyist registration page, which identifies her as representing Demotech, among other clients.

Illinois – Six More Lobbyists Face Fines for Using Emanuel’s Private Emails
Chicago Sun-Times – Fran Spielman | Published: 2/27/2017

After hitting former Uber executive David Plouffe with a record $90,000 fine for emailing Mayor Rahm Emanuel without registering as a lobbyist, the Chicago Board of Ethics issued probable cause letters to five more unregistered lobbyists and the companies they represent. A sixth letter was issued to a registered lobbyist accused of failing to report a contact, as required by law. Ethics board Chairperson William Conlon did not identify the six lobbyists in question or their companies. He would only say the maximum fines are “substantial” and the names would be released after the accused have an opportunity to respond and exercise their right to an administrative hearing. Other sources said all six individuals had lobbied Emanuel through the private email accounts the mayor used to conduct public business.

Minnesota – For Local Officials with Family Ties, Transparency Counts
Minnesota Public Radio – Brandt Williams | Published: 2/24/2017

Minneapolis City Council member and mayoral hopeful Jacob Frey got married last July, and his wife is a lobbyist. Sarah Clarke works for Hylden Advocacy and Law, which lobbies state and local governments, including Minneapolis. governments, including Minneapolis. In March of last year, the firm represented an industry group which opposed a proposed prohibition on plastic carry-out bags. Frey was one of 10 council members who voted to approve the ban. But Frey initially neglected to note his wife’s employment on a form he and other Minneapolis elected officials have to file every January. The so-called statement of economic interest form requires city officials to disclose any outside sources of compensation, along with that of their spouses or domestic partners.

New Jersey – A $500 Contribution to Republicans Costs Paving Company $7M
NJ.com – Dave Hutchinson (NJ Advance Media) | Published: 2/27/2017

A court upheld the decisions of two New Jersey agencies to rescind two contracts totaling about $7 million to a paving business and ban the company from any state contracts through the remainder of Gov. Chris Christie’s second term because of its $500 contribution to Somerset County Republicans. The court found that the donation disqualified Della Pello Paving from receiving state contracts under the state’s “pay-to-play” law, which bars state contracts exceeding $17,500 to a business that contributed more than $300 during the preceding 18 months to the governor, a candidate for governor, or any state or county political party committee.

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

“Companies Lobbying Government Keep Spending Secret from Shareholders: Report” by David Sirota for International Business Times

South Dakota: “Legislature Expands Lobbying Ban to More Officials and Doubles Length” by Bob Mercer for Rapid City Journal

Washington: “Washington Commission Confirms What’s Upstream Stayed Within State Law” by Don Jenkins for Capital Press

Campaign Finance

Mississippi: “House Amends, Passes Senate Campaign Finance Bill” by Geoff Pender for Jackson Clarion-Ledger

Ethics

“White House Lawyer Twice Briefed Conway on Ethics Rules Following Ivanka Product Pitch” by Josh Gerstein for Politico

“White House Power Player Jared Kushner Is Keeping Parts of His Real Estate Empire” by Justin Elliot and Al Shaw for ProPublica

Connecticut: “Watchdog Agencies Worried About Budget Cuts” by Mike Savino for Meriden Record-Journal

Florida: “Rubio Is Asked to Leave Tampa Office Over Disruption from Weekly Protests” by Tony Marrero for Tampa Bay Times

Ohio: “In Selling Bill, Ohio Senator Describes Possibly Illegal Deal” by Jim Siegel for Columbus Dispatch

Redistricting

Virginia: “Supreme Court Says Virginia Redistricting Must Be Reexamined for Racial Bias” by Robert Barnes for Washington Post

Campaign Finance

“Judge Backs Blind FEC Eye on Campaign-Finance Violations” by Tim Ryan for Courthouse News Service

New Jersey: “A $500 Contribution to Republicans Costs Paving Company $7M” by Dave Hutchinson (NJ Advance Media) for NJ.com

Elections

Texas: “Justice Department Changes Its Position in High-Profile Texas Voter-ID Case” by Sari Horwitz for Washington Post

Ethics

“From K Street to Congo: Abramoff’s new adventure” by Anna Palmer, Jake Sherman, and John Bresnahan for Politico

“Who’s Watching Trump’s Ethics Watchdogs?” by Darren Samuelsohn for Politico

New York: “The F.B.I. Questioned de Blasio. Hours Later, This Man Was Fired.” by William Rashbaum, William Neuman, and J. David Goodman for New York Times

Texas: “Political Corruption Trial Kicks off in Dallas” by David Lee for Courthouse News Service

West Virginia: “WV Lawmakers Pass Nepotism Ban” by Eric Eyre for Charleston Gazette

Legislative Issues

“The DNC Isn’t Enough: Democrats demand more leadership changes” by Gabriel Debenedetti and Edward-Isaac Dovere for Politico

Lobbying

Colorado: “How the Charities on Your Colorado Tax Form Used Connections, Money and Legislation to Earn the Coveted ‘Godsend’” by Brian Eason for Denver Post

Campaign Finance

“Billionaires and Corporations Helped Fund Donald Trump’s Transition” by Carrie Levine for Center for Public Integrity

Canada: “Lobbying Commissioner Probing Fundraiser Hosted by Apotex Chair: Democracy Watch” by The Canadian Press for The Globe and Mail

New Hampshire: “NH Senate Votes to Require Political Advocacy Groups to Register, Report Expenditures” by John DiStaso  for WMUR

Elections

“David Brock, Donors Wade into State Fights” by Kenneth Vogel for Politico

Arizona: “Arizona House Passes Bills to Restrict Citizen Initiatives” by Mary Jo Pitzl  for Arizona Republic

Ethics

“White House Selectively Blocks Media Outlets from Briefing with Spicer” by Hadas Gold for Politico

“Priebus Call to FBI Violated Norms, If Not Rules” by Isaac Arnsdorf for Politico

“Law Professors File Misconduct Complaint Against Kellyanne Conway” by Sari Horwitz for Washington Post

“Bobbleheads, Yes. Official Tweets, No. Federal Workers Wonder Where the Lines Are in the Trump Era.” by Lisa Rein for Washington Post

“Republican Lawmakers Introduce Bills to Curb Protesting in at Least 17 States” by Christopher Ingraham for Washington Post

Kentucky: “Auditors Find Shoddy Management, Conflicts of Interest at Kentucky Horse Park” by Linda Blackford for Lexington Herald-Leader

Missouri: “Missouri Governor Shuns State Plane, Flies at Private Costs” by David Lieb (Associated Press) for Springfield News-Leader

South Dakota: “Flood of Bills Addresses IM22 Provisions” by Bob Mercer for Rapid City Journal

Lobbying

California: “Regulators Investigating SDG&E for Potential Lobbying Violations” by Joshua Emerson Smith in San Diego Union-Tribune

EU: “New Lobbying Rules Face Uncertain Future” by Harry Cooper for Politico

Illinois: “Former Obama Aide Fined $90,000 for Illegally Lobbying Emanuel on Uber’s Behalf” by Bill Ruthhart and Hal Dardick for Chicago Tribune

Federal:

Flynn Departure Erupts into a Full-Blown Crisis for the Trump White House
Washington Post – Karen DeYoung, Abby Phillip, and Jenna Johnson | Published: 2/14/2017

President Trump’s ouster of national security adviser Michael Flynn, and the circumstances leading up to it, have become a major crisis for the fledgling administration, forcing the White House on the defensive and precipitating the first significant breach in relations between Trump and Congress. Senate Majority Leader Mitch McConnell said it was “highly likely” the events leading to Flynn’s departure would be added to a broader probe into Russian meddling in the U.S. presidential election. Intercepts showed Flynn discussed U.S. sanctions in a phone call with the Russian ambassador, a conversation topic that Flynn first denied and then later said he could not recall. McConnell’s comments followed White House revelations that Trump was aware “for weeks” that Flynn had misled Vice President Pence and others about the content of his late December talks with Russian Ambassador Sergey Kislyak.

Report Shows ‘Untapped Power’ of Constituent Advocacy
Roll Call – Bridget Bowman | Published: 2/13/2017

The Congressional Management Foundation released a report highlighting more than a decade’s worth of its surveys that show how citizens can best influence lawmakers. According to the group’s research, citizens who show up in person and are well-prepared with facts and arguments can have a sizable impact on undecided legislators. But recent flare-ups at town hall meetings across the country have also demonstrated the impact of constituents who show up and make their voices heard. Bradford Fitch, one of the report’s authors, said phone calls and emails are not necessarily the most effective ways of communicating with legislators, and neither is a confrontation. “When you’re yelling, Congress isn’t listening,” Fitch said.

Trump Campaign Aides Had Repeated Contacts with Russian Intelligence
New York Times – Michael Schmidt, Mark Mazzetti, and Matt Apuzzo | Published: 2/14/2017

Intercepted calls and phone records show several aides and allies to President Trump’s campaign were in contact with senior Russian intelligence officials. Current and former U.S. officials who spoke with The New York Times said the contacts were discovered during the same time that intelligence agencies were investigating Russia’s extensive hacking campaign, later determined to be aimed at helping Trump win the White House. The agencies sought to learn whether the Trump campaign was colluding with the Russians on the hacking or other efforts. The officials interviewed said so far, they had seen no evidence of such cooperation. But the intercepts alarmed American intelligence and law enforcement agencies, in part because of the amount of contact that was occurring while Trump was speaking glowingly about Russian President Vladimir Putin.

Who is Donald McGahn, the Fiery Lawyer at the Center of Virtually Every Trump Controversy?
Washington Post – Matt Zapotosky and Sari Horwitz | Published: 2/14/2017

As White House counsel, Donald McGahn is supposed to provide the president with legal guidance on the thorniest issues of the day, and to manage disputes between power players inside the administration and the various executive agencies. McGahn has been at the center of virtually every controversy during the Trump administration. He is a veteran campaign finance lawyer and former member of the FEC. Before taking over the role in the administration, he worked at the Jones Day law firm and as general counsel to the Trump campaign. He is a consummate Washington insider, but like the man for whom he works, he has an independent streak, those who know him say. “Don is not a buttoned-down guy,” said Bradley Smith, a law professor at Capital University and longtime professional friend of McGahn.

From the States and Municipalities:

Florida – At Miami’s Airport, There’s Economy, First Class and … Politician
Miami Herald – Douglas Hanks | Published: 2/8/2017

A new report from the Miami-Dade ethics commission chastised the county-owned Miami International Airport for offering elected officials VIP treatment, including golf-cart rides, cutting to the front of security and Customs, and other courtesies normally reserved for foreign dignitaries. Investigators concluded most of the trips by officeholders came during official government business. But there are multiple mentions of personal travel too, including trips to visit sick relatives and other unspecified vacations. The airport’s Protocol Office arranged four escorts for Rebeca Sosa, a county commissioner, and three for her sister. “These are unexplained,” the report said of the sibling’s VIP transits.

Florida
These Lawmakers Are On the Payroll of Firms That Lobby the Legislature
Sarasota Herald-Tribune – Zac Anderson | Published: 2/12/2017

The Florida Bar Association once issued a formal ethics opinion effectively prohibiting state lawmakers from working at firms that lobby the Legislature. That ethics opinion was rescinded in 1999 and now at least six Florida lawmakers, including the House speaker, work for law firms that lobby the Legislature. Those who defend the practice say there are provisions in state law and legislative rules to address any conflicts-of-interest. Some also argue that restricting such employment would discourage well-qualified individuals from serving in the Legislature because they would have to give up their jobs with big firms.

Kentucky – GOP Senators Want to Cut Sex Harassment Training
Louisville Courier-Journal – Morgan Watkins | Published: 2/13/2017

A few Republican state senators want to eliminate required sexual harassment training for lawmakers and cut back on the ethics-related instruction they receive, citing concerns about the effectiveness of those initiatives. Sen. John Schickel is sponsoring a bill would repeal existing requirements for lawmakers to go through sexual harassment and workplace harassment training. It also would require Kentucky legislators to sit through only 30 minutes of ethics-related instruction each January instead of the three hours currently mandated by state law. “It’s nothing more than political correctness training,” Schickel said. “If you don’t have good manners and good values when you come to Frankfort, I can assure you Frankfort will not teach them.”

Maryland – Gov. Hogan’s Office Has Blocked 450 People from His Facebook Page in Two Years
Washington Post – Ovetta Wiggins and Fenit Nirappil | Published: 2/8/2017

After a deluge of comments asking that he denounce President Trump’s controversial travel ban, Maryland Gov. Larry Hogan’s office blocked numerous posters and deleted their messages from his Facebook page. Gubernatorial spokesperson Doug Mayer said the governor’s office has blocked 450 people since Hogan took office two years ago. The office does not have a specific policy for handling comments on Hogan’s page, which has more than 146,500 likes. Mayer said most of the removed comments were “vulgar, derogatory, hateful or racist,” but aides have also deleted those that are a part of an organized effort. Erich Sommerfeldt, a public relations professor at the University of Maryland, said deleting negative comments, rather than responding to them, can hurt a company or public figure’s brand.

Missouri – Campaign Contribution Law Bans Corporation Donations to All Candidates
Missouri Times – Benjamin Peters | Published: 2/14/2017

Constitutional Amendment 2, which was approved by Missouri voters in November, places limits and rules on how candidates and committees can accept donations, including how much can be given. A recent advisory opinion from the Missouri Ethics Commission says the new law prohibits a corporation or labor organization from making direct contributions to a campaign committee, candidate committee, exploratory committee, or political party. That means no corporation may contribute to a candidate’s campaign at the statewide level. But with the race for St. Louis mayor and a number of local and municipal elections weeks away, the question has been raised of whether these rules apply to municipal election.

New Jersey – N.J. Election Agency Could Soon Fill Key Posts
Bergen Record – Salvador Rizzo | Published: 2/14/2017

Gov. Chris Christie and Democratic senators have struck a deal to reactivate New Jersey’s election watchdog agency, which has been toothless for nearly a year, unable to hold meetings or punish candidates who violate campaign finance restrictions. Senate Democratic leaders said they expect to fill all of the vacancies by March 13 on the Election Law Enforcement Commission (ELEC). Restoring ELEC to its full power is key to ensuring the integrity of this year’s election for governor, all 120 legislative seats, and hundreds of local races, experts said. Three persistent vacancies on ELEC’s four-member board have prevented it from holding meetings since last March, an unprecedented 11-month stretch of inactivity since the agency was founded in 1972.

North Carolina – N.C. Supreme Court Blocks Law Stripping Governor of Election Oversight Powers
Winston-Salem Journal – Richard Craver | Published: 2/13/2017

The North Carolina Supreme Court blocked a state law that strips the new Democratic governor of powers to oversee elections. A lower appeals court briefly let the law to take effect, allowing a revamped state elections board to meet for the first time. It is one of the changes passed in December that shifted power over running elections away from Gov. Roy Cooper. The law ends the practice of allowing the governor’s party to hold majorities on all state and county elections boards. Elections board positions would be evenly divided between major-party partisans. Republicans would control elections during even-numbered years, typically election years. It also combines the State Board of Elections with the campaign finance, lobbying, and ethics commissions into one state agency.

Tennessee – Amid Ongoing Durham Scandal, Probe Shows Problems with Law
The Tennessean – Joel Ebert and Dave Boucher | Published: 2/13/2017

A recent state audit that said former Rep. Jeremy Durham violated Tennessee’s campaign finance law is “packed with problematic stuff” that may provide fertile ground for an ongoing federal probe, said former U.S. Attorney Jerry Martin. The scrutiny on Durham shines a light on the state campaign finance law, created with light punishments by those it is intended to police. In addition, Durham’s actions outlined in the audit offer a glimpse of the criminal consequences he could face.

Texas – How Blind Is This Texas Oil Regulator’s Blind Trust, Managed by His Brother-in-Law?
Dallas News – Steve Thompson | Published: 2/7/2017

Since his election to a seat on the Texas Railroad Commission in 2014, Ryan Sitton has voted on dozens of issues involving energy companies that hire his firm, Pinnacle Advanced Reliability Technologies. Its business is helping clients ensure equipment stays reliable. Many of these issues have come before the oil and gas commission as part of its consent agenda, where items of no controversy are packaged together for approval. But a few have been contentious, and Sitton has played big roles in deciding them. Not once has Sitton disclosed a relationship or recused himself. Texas law prohibits state officials from voting on matters in which they have a “personal or private interest” and requires them to publicly disclose such conflicts. But the law does not clearly define a “personal or private interest.”

Vermont – Scott Administration Discourages Fraternizing with Lawmakers, Lobbyists
Vermont Press Bureau – Neal Goswami | Published: 2/10/2017

Vermont Gov. Phil Scott reportedly has directed staff and administrative personnel to avoid fraternizing after hours with legislators and lobbyists, but some observers say the directive is unrealistic in tiny Montpelier. Many states have codes of conduct for state employees and officials to follow regarding lobbyists, as do the federal government and the armed forces. But how realistic is Scott’s directive given the long tradition of lawmakers, lobbyists, and state officials rubbing – and bending – elbows together after hours?

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.

See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!

Lobbying

“Report Shows ‘Untapped Power’ of Constituent Advocacy” by Bridget Bowman for Roll Call

Florida: “These Lawmakers Are On the Payroll of Firms That Lobby the Legislature” by Zac Anderson for Sarasota Herald-Tribune

Campaign Finance

“Business Roundtable Softening Stance on Political Transparency?” by Dave Levinthal for Center for Public Integrity

“Supreme Court Set to Eye Challenge to FEC Disclosure Rules” by Kenneth Doyle for Bloomberg BNA

Oregon: “Legislation Would Prohibit Campaign Contributions by State Contractors” by Paris Achen for Portland Tribune

Tennessee: “Amid Ongoing Durham Scandal, Probe Shows Problems with Law” by Joel Ebert and Dave Boucher for The Tennessean

Ethics

“With Michael Flynn’s Resignation, a New Focus on the Logan Act” by Charlie Savage for New York Times

Connecticut: “Commission: Hinchey, Bilda and other NPU officials violated ethics” by Ryan Blessing for Norwich Bulletin

Kentucky: “GOP Senators Want to Cut Sex Harassment Training” by Morgan Watkins for Louisville Courier-Journal

Montana: “House Endorses Cutting Office That Oversees Campaign Rules” by Matt Volz (Associated Press) for The Missoulian

Elections

New Hampshire: “NH Prosecutor: State can’t investigate all voter fraud claims” by Kathleen Ronayne (Associated Press) for Boston.com

North Carolina: “N.C. Supreme Court Blocks Law Stripping Governor of Election Oversight Powers” by Richard Craver for Winston-Salem Journal

Texas ethics overhaul, Senate Bill 14, passed unanimously in the Senate this week and is headed to the House.

Gov. Greg Abbott released a statement praising the Senate’s swift movement, stating his confidence the comprehensive reforms will be passed.

An identical bill, House bill 1238, as well as six separate back-up bills duplicating each of the six articles in the reform package, were filed to avoid replicating the failure of a large ethics reform package during the 2015 legislative session.

Lobbying

“Records Show How Air Force Nominee Skirted Lobbying Restrictions” by Patrick Malone (Center for Public Integrity) for Politico

“Nations Turn to Lobbyists Amid Trump Upheaval” by Megan Wilson for The Hill

New Mexico: “Strange Bedfellows: How four Capitol couples negotiate love, lobbying, and legislating” by Matt Grubbs for Santa Fe Reporter

Campaign Finance

Alaska: “After Alaska Lawmaker’s Fundraising Controversy, Senate Considers Tighter Rules” by Caroline Halter for Alaska Public Radio

Arizona: “Citizens United Lawyer Targets Texas Campaign Finance Laws” by David Saleh Rauf (Associated Press) for Arizona Daily Star

Ethics

“Department of Defense Looks to Rent Space in Trump Tower” by Drew Harwell for Washington Post

Arizona: “On Third Try, Will Phoenix Create Commission to Enforce Ethics Rules?” by Dustin Gardner for Arizona Republic

South Dakota: “Regulations on Lobbyists, Officials Advance at State Capitol” by James Nord (Associated Press) for McClatchyDC.com

Legislative Issues

“The Silencing of Elizabeth Warren and an Old Senate Rule Prompted by a Fistfight” by Derek Hawkins for Washington Post

North Carolina: “North Carolina Judges Suspend Limit on Governor’s Powers” by Mitch Smith for New York Times

A bill was filed this week seeking to eliminate the Office of the Commissioner of Political Practices and split the duties between the attorney general and the secretary of state. Under House Bill 340, the secretary of state would be responsible for duties related to the filing of ethics, lobbying, and campaign finance reports while the attorney general would assume control of investigative and enforcement duties.

The Office of the Commissioner of Political Practices, which was established in 1975, monitors, enforces, and investigates lobbying, ethics, and campaign finance and is appointed by the governor.

This comes as the current commissioner, Jonathon Motl, is preparing to exit his position pending confirmation of a successor. Motl was appointed three years into a six-year term expiring on January 1 but remained in office awaiting a court decision on the ending date of his term, much to the chagrin of Republican lawmakers who have accused Motl of partisan bias.

The bill’s sponsor believes the office holds too much power for a single person and splitting the authority between agencies will benefit the State’s ethics supervision.

See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!

National:

Fatigued by the News? Experts Suggest How to Adjust Your Media Diet
New York Times – Christopher Mele | Published: 2/1/2017

Some say it feels as if we are living inside a blizzard of news, with information constantly bombarding us. The result is a fatigue about the headlines – lately about politics – that has prompted some people to withdraw from the news, or curb their consumption of it. Experts said they had not seen data to conclude that consumers had changed their habits to protect their mental health, but added that the news ecosystem had changed drastically over the past five years, accelerating the sense of information overload. “Journalists … should be more involved in managing the insane flow of information and misinformation; it would be better if we had an approach that said, ‘Calm down,'” said media professor Dan Gillmor.

Federal:

Resistance from Within: Federal workers push back against Trump
Washington Post – Juliet Eilperin, Lisa Rein, and Marc Fisher | Published: 1/31/2017

The signs of popular dissent from President Trump’s opening volley of actions have been plain to see on the nation’s streets, at airports in the aftermath of his refu­gee and visa ban, and in the outrage on social media. But there is another level of resistance to the new president that is less visible and potentially more troublesome to the administration: a growing wave of opposition from the federal workers charged with implementing any new president’s agenda. Federal workers are in regular consultation with recently departed Obama-era political appointees about what they can do to push back against the new president’s initiatives. Some federal employees have set up social media accounts to anonymously leak word of changes that Trump appointees are trying to make. And a few government workers are pushing back more openly.

Trump Ethics Rules Curtail Lobbyists, While Also Loosening Some Obama Restrictions
Washington Post – Matea Gold | Published: 1/28/2017

President Trump signed an executive order that strengthens certain restrictions on lobbying that had been adopted under President Obama, while weakening others. Executive branch employees, including those in the White House, will now be barred for five years after they leave government from lobbying the federal agency where they worked. Under Obama, they had to wait until the end of the administration, meaning a shorter ban for some departing officials. Former executive branch officials will now also be permanently banned from serving as foreign lobbyists.

Trump’s Campaign Paid His Businesses Millions Over Course of Campaign
Politico – Kenneth Vogel | Published: 2/1/2017

President Trump’s campaign spent a total of $12.7 million at businesses run by him and his family members over the course of the 2016 presidential election. The largest sums went to Trump’s airline, TAG Air, which received $8.7 million as Trump used his own jet to fly around the country. Another $2 million went to Trump Tower, the skyscraper that housed his campaign headquarters. The spending at Trump properties, which continued after he won the election, underscores how much he was willing to mingle his political and business operations, from buying meals at his own Trump Grill to renting space at his own golf clubs.

White House Says LGBT Protections for Federal Workers Will Remain
Washington Post – Juliet Eilperin and Sandhya Somashekhar | Published: 1/30/2017

An executive order protecting federal employees from anti-LGBTQ discrimination that was first signed in 2014 by President Barack Obama will continue under President Donald Trump, the White House said. Obama’s order expanded protections in federal hiring, which already barred discrimination on the basis of sexual orientation, to also include gender identity. And it required all companies doing business with the federal government to have explicit policies barring discrimination against gay and transgender workers. It applies to 24,000 companies that collectively employed about 28 million workers, representing about a fifth of the U.S. workforce.

From the States and Municipalities:

Alaska – Is It Time for a Lobbyist Union? Juneau Representative Proposes 2.5 Percent Industry Tax
Alaska Dispatch News – Nathaniel Herz | Published: 1/31/2017

Alaska Rep. Sam Kito introduced an income tax bill recently, but only for lobbyists. House Bill 91 would levy a two-and-one-half percent income tax on the annual earnings of legislative lobbyists. The measure would replace the state’s current $250 registration fee. Kito said the money raised from the tax will support the Alaska Public Offices Commission, which oversees the activity of candidates and lobbyists. He said the Legislature’s Division of Legal Services has not raised any concerns about directing the income tax at a specific group of Alaskans. The bill also calls for a $100 registration fee from anyone running for political office.

Arizona – How The Wrong Letterhead Exposed Phoenix’s Toothless Lobbying Rules
Arizona Republic – Rob O’Dell and Dustin Gardner | Published: 1/31/2017

A Phoenix law firm did not properly register as a lobbyist with the city for two years, and recently filed falsely dated documents that made it appear the firm had followed the law, according to City Attorney Brad Holm. Even though Holm determined Burch & Cracchiolo was not properly registered, he said the city cannot not take action against anyone who violates the lobbyist registration ordinance. Holm said that is because much of the lobbyist ordinance lacks an “enforcement mechanism,” a conclusion reached by the city’s law department recently.

California – Spending on Lobbying in California Tops $309 Million, the Second-Highest Amount Ever Recorded in the State
Los Angeles Times – Patrick McGreevy | Published: 2/1/2017

Interest groups spent $309 million on lobbying government officials in California last year, with the oil industry, environmental organizations, labor unions, and the health industry pouring the greatest amounts into legislative and regulatory battles. It is the second time in the state’s history that more than $300 million has been spent in a year, just short of the record $314 million paid out for lobbying in 2015. Seeing such large amounts spent by wealthy interests is a concern, public advocates say, because it reflects an effort to exert heavy influence on government officials that average citizens may not be able to match.

Massachusetts
Slots Ballot Question Backers Fines $125,000 for Campaign Finance
Boston Globe – Michael Levenson | Published: 1/27/2017

Developer Eugene McCain led the public charge to push Ballot Question 1, which would have allowed the construction of Massachusetts’ second slots parlor on property he owns near the Suffolk Downs race track in Revere. But the measure was defeated in November, and now McCain’s political committee has agreed to pay $125,000 to state campaign finance regulators for hiding the identity of the ballot measure’s backers.

Michigan – Dozens of Former State Employees Now Work for Contractors
Lansing State Journal – Justin Hinkley | Published: 1/27/2017

A Lansing State Journal investigation identified 87 former state employees in Michigan who are now working for major state contractors, consultants, or vendors, nearly half of whom started working for the contractor immediately after leaving state government. Six of those employees are now working for contractors they oversaw while employed by the state government. The investigation found no examples of quid-pro-quos, such as state employees favoring contractors to get a job. But monitoring for such problems is difficult because no one in Michigan regularly tracks where the nearly 49,000 state employees go when they leave the government workforce. Michigan is one of only nine states that do not put limits on where civil servants can work after they leave state employment.

Montana – Motl Can Remain Until Replacement Is Confirmed
Great Falls Tribune – Matt Volz (Associated Press) | Published: 2/1/2017

The Montana Supreme Court ruled that Commissioner of Political Practices Jonathan Motl’s term has expired, but he can remain in office until a successor is found. The ruling comes in a lawsuit that claimed Motl is entitled to a full six-year term ending in 2019, and not the January 1 expiration date set by Gov. Steve Bullock and confirmed by the Montana Senate. Republican legislative leaders have been seeking Motl’s removal from the office amid the dispute, and at one point tried to cut off the commissioner’s pay. Two people have submitted applications to replace Motl: his chief legal counsel, Jamie MacNaughton, and former Billings City Commissioner Michael Larson.

Oregon – Oregon Lawmakers Pay Their Businesses with Campaign Funds – It’s Legal, But Is It Ethical?
Portland Oregonian – Gordon Friedman | Published: 1/27/2017

At least 11 Oregon lawmakers have tapped campaign funds to pay their business or nonprofit in the last decade. The cash expenditures, made by Democrats and Republicans in the state House and Senate, range from a few hundred dollars to tens of thousands. All said their payments fell within the bounds of the state’s campaign finance statute. Oregon law allows candidates to buy goods and services at “fair market value” from their own businesses with campaign funds, said state Elections Director Steve Trout. Candidates are only barred from using campaign funds to buy intangibles, like “political consultancy or advising,” he said. But it appears two lawmakers may have done just that.

South Dakota – South Dakota Senate Sends Ethics Law Repeal to Governor
ABC News – James Nord (Associated Press) | Published: 2/1/2017

South Dakota lawmakers passed a bill that repeals Initiated Measure 22, a voter approved plan that instituted a public campaign finance system, created a state ethics commission, and tightened campaign finance and lobbying laws. Republican lawmakers contend those provisions are unconstitutional. They challenged the overhaul in state court, which put the initiative on hold while the case moves forward. An emergency provision means the bill would take effect immediately and could not be referred back it to the ballot. Lawmakers have filed proposals that would supplant provisions of the initiative, including similar restrictions on lobbyist gifts and more limited watchdog commissions.

Tennessee – In Tennessee, Lobbyists’ Employers Face Few Disclosure Rules
The Tennessean – Dave Boucher | Published: 1/28/2017

Tennessee law allows companies and organizations to report how much they paid lobbyists and how much they spent on other related expenditures as a range, not specific amounts. State law also does not require those companies to provide additional details about what money is spent on or who they were trying to influence. Bureau of Ethics and Campaign Finance Executive Director Drew Rawlins said companies do not need to provide any receipts or detailed accounting information on their semi-annual reports. While laws regulating lobbyists in other states vary, most require far more information from those employing lobbyists.

West Virginia – Potential Conflicts Also Issue for New WV Commerce Secretary
Charleston Gazette – Andrew Brown | Published: 1/31/2017

Woody Thrasher, West Virginia’s new secretary of the Department of Commerce, owns one of the largest engineering firms in the state and he still has to figure out what to do with his businesses now that he has joined state government. This is the first time Thrasher is serving in public office, but it is not the first time his private firm and other companies have interacted with the Department of Commerce and the state’s executive branch. Thrasher said he is removing himself from the day-to-day operations of his businesses but suggests he is not giving up his ownership.

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

“Is It Time for a Lobbyist Union? Juneau Representative Proposes 2.5 Percent Industry Tax” by Nathaniel Herz for Alaska Dispatch News

“Richard Corcoran: Rick Scott’s ethics proposals not personal” by Jim Rusica for Florida Politics

“Senate Committee Compares House and Senate Bills on Lobbyist Gift Restrictions” by Benjamin Peters for Missouri Times

Ethics

“Trump Fires Acting Attorney General Who Defied Him” by Michael Shear, Mark Landler, Matt Apuzzo, and Eric Lichtblau for New York Times

“Two Applicants Seek to Replace Jon Motl as Commissioner of Political Practices” by Troy Carter for Bozeman Daily Chronicle

“Voters to Decide If Crooked State Pols Lose Pensions” by Matthew Hamilton for Albany Times Union

“In Letter, Justice Again Tries to Address Conflicts of Interest” by Andrew Brown for Charleston Gazette

Legislative Issues

“Don’t Like the Ballot Measure Voters Approved? Just Ignore It, Some Lawmakers Say.” by Alan Greenblatt for Governing

Redistricting

“Court to Wisconsin Republicans: Redraw election maps” by Jason Stein for Milwaukee Journal Sentinel

Lobbying

Florida: “Lee Clerk Wants Audit of County Lobby Logs” by Patricia Borns for The News-Press

Pennsylvania: “Governor Fires Head of State Drug and Alcohol Office” by Angela Couloumbis and Karen Langley for Pittsburgh Post-Gazette

Texas: “Once-Dead Ethics Reforms Could Curb Lobbying Tricks, Increase Disclosures and Punish Criminal Lawmakers” by J. David McSwane for Dallas News

Campaign Finance

California: “Contra Costa DA Slapped with $45,000 Fine as Criticism Builds” by Nate Gartrell for East Bay Times

Ethics

“An Early Test of Trump’s Ethics Pledge Is a Glittering New Foreign Tower” by Drew Harwell, Alan Freeman, and Jenny Peng for Washington Post

“White House, Trump Organization Name Ethics Advisers” by Bernard Condon and Chad Day (Associated Press) for WRAL

Utah: “Utah House Speaker Greg Hughes’ Name Dragged into the Criminal Case of Former A.G. John Swallow” by Jennifer Dobner and Tom Harvey for Salt Lake Tribune

Elections

“Trump Seeks ‘Major Investigation’ into Unsupported Claims of Voter Fraud” by Jenna Johnson and Matt Zapotosky for Washington Post

Legislative Issues

Nebraska: “Nebraska Lawmaker Quits After Unsavory Women’s March Tweet” by Grant Schulte (Associated Press) for ABC News

South Carolina: “South Carolina Lawmaker Accused of Beating His Wife Resigns” by Seanna Adcox (Associated Press) for ABC News