October 10, 2016 • Written by Jim Sedor

Monday News Roundup

Lobbying “Trump Transition Team and GOP Lobbyists Are Inching Toward Mutual Acceptance” by Catherine Ho for Washington Post “Lobbyists Test Post-Crisis Rules for Boards” by Theo Francis and Brody Mullins (Wall Street Journal) for Investor Relations Alabama: “Gifts to Teachers […]

October 7, 2016 • Written by Jonathan Spontarelli

News You Can Use Digest – October 7, 2016

National: Drinks, Dinners, Junkets and Jobs: How the insurance industry courts state commissioners Center for Public Integrity – Michael Mishak | Published: 10/2/2016 An investigation by the Center for the Public Integrity found half of the 109 state insurance commissioners who […]

National:

Drinks, Dinners, Junkets and Jobs: How the insurance industry courts state commissioners
Center for Public Integrity – Michael Mishak | Published: 10/2/2016

An investigation by the Center for the Public Integrity found half of the 109 state insurance commissioners who have left their posts in the last decade have gone on to work for the industry they used to regulate, many leaving before their terms expire. Just two moved into consumer advocacy. The “revolving door” also swings in the other direction. For almost a year, Connecticut’s insurance commissioner was overseeing a merger involving a company where she had been a lobbyist. She recused herself recently amid a state ethics review. Consumer advocates and some commissioners say the tight bond between regulators and industry – reinforced by campaign contributions, lavish dinners, and the prospect of future employment – diminishes consumers’ voices.

How Donald Trump Set Off a Civil War Within the Right-Wing Media
New York Times Magazine – Robert Draper | Published: 9/29/2016

The conservative media has always been a playground for outsize personalities with even more outsize political ambitions. Alongside the institution-builders like William F. Buckley, the landscape has also produced a class of rowdy entrepreneurs who wield their influence in more personal ways. If these figures defied the stuffy ceremony of think tanks, opinion journals, and columnists who traditionally defined the conservative intelligentsia, they rarely challenged the ideological principles of conservatism as they had existed since the Reagan era. What they mostly did was provide the Republican Party with a set of exceptionally loud megaphones, which liberals have often envied and tried unsuccessfully to emulate. Then came Donald Trump. In a sense, the divide that Trump has opened among conservative media figures is simply a function of the heartburn his ascent has caused among Republicans more generally.

Federal:

Democrats Rake in Money, Thanks to Suit by Republicans
New York Times – Nicholas Confessore and Rachel Shorey | Published: 9/30/2016

Democrats denounced it as an assault on democracy and a sop to billionaires when the U.S. Supreme Court issued a ruling two years ago that loosened limits on campaign giving. But Hillary Clinton and Democratic Party leaders are now exploiting the decision, funneling tens of millions of dollars from their wealthiest donors into a handful of presidential swing states. The money followed a legal but circuitous route turbocharged by the 2014 ruling in McCutcheon v. Federal Election Commission, which struck down limits on the combined amount one person could donate at all federal candidates and parties in an election cycle.

Donald Trump Tax Records Show He Could Have Avoided Taxes for Nearly Two Decades, The Times Found
New York Times – David Barstow, Susanne Craig, Russ Buettner, and Megan Twohey | Published: 10/1/2016

Donald Trump reported a $916 million loss on his 1995 tax returns and could therefore have avoided paying federal income taxes for 18 years. Trump’s refusal to release any tax returns has been one of the larger clouds hanging over his campaign and one that Hillary Clinton has sought to exploit. It now appears as though the GOP nominee’s failure to come clean has backfired, with The New York Times article drawing one of the same conclusions that Clinton offered as a possible explanation for Trump’s secrecy in the first presidential debate – that he has paid little or no federal income tax for some time.

How Hillary Clinton Grappled with Bill Clinton’s Infidelity, and His Accusers
New York Times – Megan Twohey | Published: 10/2/2016

Donald Trump has criticized Hillary Clinton over Bill Clinton’s affairs and her response to them, and said he might talk more about the issue in the final weeks before the election. That could be a treacherous strategy for Trump, given his own past infidelity and questionable treatment of women. Many voters, particularly women, might see Hillary Clinton being blamed for her husband’s conduct. It could also remind voters of a searing period in American history, and in Mrs. Clinton’s life. Outwardly, she remained stoic and defiant, defending her husband. But privately, she embraced the Clinton campaign’s aggressive strategy of counterattack: women who claimed to have had sexual encounters with Bill Clinton would become targets of investigation and discrediting, tactics that women’s rights advocates frequently denounce.

Want to be a ‘Foreign Agent’? Serve in US Congress First
Politico – Joseph Schatz and Benjamin Oreskes | Published: 10/2/2016

Of the 1,009 members of Congress who have left Capitol Hill since 1990, 114 of them lobbied for or otherwise represented a foreign government, foreign-owned company, or think tank. The favorable treatment these former lawmakers seek for their clients often bumps against U.S. foreign policy or the interests of the constituents they once served, and, in some cases, they are putting foreign companies over American businesses. While a former lawmaker’s relationships do not always yield concrete results, they can open doors for foreign leaders looking to burnish their country’s reputation – or their own.

From the States and Municipalities:

Florida – Two Years Later, Curbelo Still Keeps List of Past Clients Secret
Miami Herald – Patricia Mazzei | Published: 10/3/2016

U.S. Rep. Carlos Curbelo shut down his government and public affairs consulting company after he won a seat in Congress. He closed the office to comply with a rule that bans federal lawmakers from holding outside employment. That rule, however, does not require former private consultants like Curbelo to disclose who hired them in the past. A loophole in federal disclosure requirements exempted Curbelo from listing his private clients because his firm, Capitol Gains, had been registered under the name of his wife, though she had stopped working there in 2009. Curbelo was always the firm’s principal, drawing a six-figure salary.

Kentucky – Democratic Party Insider Sentenced to 70 Months in Prison for Role in Kickback Scheme
Lexington Herald-Leader – Bill Estep | Published: 9/29/2016

Rebuked for further eroding public confidence in government, a former high-ranking official in Kentucky government was sentenced to nearly six years in prison for orchestrating a kickback scheme. Tim Longmeyer’s sentencing came after he pleaded guilty to a bribery charge for using his influence as head of the Personnel Cabinet to steer contracts to a consulting firm in 2014 and 2015. He admitted to receiving more than $200,000 in kickbacks from the firm. The judge also ordered Longmeyer to pay $203,500 in restitution.

Maryland – Top Lobbyist Represents Winner of Controversial Medical Marijuana License
Baltimore Sun – Michael Dresser | Published: 10/3/2016

The top-earning lobbyist in Annapolis, Gerald Evans, represents a company that was awarded a lucrative marijuana-growing license after a state commission pulled it from the ranks of losers and gave it a winning slot. As a result of the controversial switch, Evans’ son-in-law stands to make a lot of money. Evans represents Holistic Industries LLC, which counts Evans’ son-in-law Richard Polansky among its equity investors. Polansky is married to Evans’ daughter and lobbying partner, Hayley Evans. The commission has stressed it used a process in which evaluators did not know the identities of any of the applicants. The head of the State Ethics Commission said the law does not require a lobbyist to disclose a spouse’s stake in a business the lobbyist represents.

New York – Ethics Panel Investigating de Blasio’s Nonprofit Is Said to Issue Broad Subpoena
New York Times – William Rashbaum | Published: 10/5/2016

A state ethics panel investigating New York City Mayor Bill de Blasio’s political nonprofit organization has served a sweeping subpoena on City Hall seeking communications among the mayor, his aides, the nonprofit, its donors, and consulting firms that worked for it, people with knowledge of the matter said. The scope of the subpoena suggests a widening of the investigation by the Joint Commission on Public Ethics has been focused on whether the group, the Campaign for One New York, illegally lobbied the city in 2015. At the same time, several lawyers representing donors to the group who have been contacted by the panel said the inquiry also appeared to be focused on whether some donations from lobbyists or their clients who have business before the city actually constituted undisclosed gifts to the mayor. Any such undisclosed gifts would violate state lobbying laws.

Ohio – Ohio, Long a Bellwether, Is Fading on the Electoral Map
New York Times – Jonathan Martin | Published: 9/29/2016

After decades as one of America’s most reliable political bellwethers, an inevitable presidential battleground that closely mirrored the mood and makeup of the country, Ohio is suddenly fading in importance this year. Ohio has failed to keep up with the demographic changes transforming the U.S., growing older, whiter, and less educated than the nation at large. And the two parties have made different wagers about how to win the White House in this election: Donald Trump is relying on a demographic coalition that, while well-tailored for Ohio even in the state’s Democratic strongholds, leaves him vulnerable in the more diverse parts of the country where Hillary Clinton is spending most of her time.

Pennsylvania – State Rep. Sims’ Travel, Speaking Fees Raise Questions
City & State Pennsylvania – Ryan Briggs | Published: 10/3/2016

An investigation found Pennsylvania Rep. Brian Sims failed to properly report thousands of dollars in travel reimbursements last year while collecting more than $53,000 in speaking fees since his election in 2012. State lawmakers are banned from collecting speaking fees or other honoraria. In some cases, Sims appears to have belatedly compensated for free trips by paying for his excursions with campaign funds well after the fact, which experts say also skirts an ethical gray area. A spokesperson for Sims, Dan Siegel, defended the numerous paid speaking engagements, asserting they do not violate the state’s honorarium ban because Sims’ “speeches do not address his legislative role.”

Tennessee – Ex-Lobbyist Paid for Private Plane for Beth Harwell, Karl Dean
WBIR – Dave Boucher and Joel Ebert (The Tennessean) | Published: 9/29/2016

On the heels of news that voucher advocate Mark Gill took a group of Tennessee lawmakers on a beach trip, a different voucher advocate, attorney and former lobbyist Lee Barfield, flew legislators and politicians – including House Speaker Beth Harwell, former Nashville Mayor Karl Dean, and House Majority Leader Gerald McCormick – to North Carolina on a private plane in 2015. Barfield is on the board of directors for the American Federation for Children, a pro-voucher advocacy group. He has registered as a lobbyist in the past, but he was not registered at the time he paid for Harwell and Dean to go on the trip. “My understanding of the law, and the rules at the time, is that as a citizen, I am permitted to take these officials if they want to go on a fact-finding trip,” Barfield said.

Wisconsin – U.S. Supreme Court Won’t Take Up Walker Case
Milwaukee Journal Sentinel – Patrick Marley | Published: 10/3/2016

The U.S. Supreme Court turned away without comment an appeal in a case arising from an investigation into campaign spending in Wisconsin. Last year, the Wisconsin Supreme Court shut down a secret probe into spending to oppose an effort to recall Gov. Scott Walker. The Guardian recently disclosed about 1,500 pages of the documents which seemed to show substantial coordination between candidates and ostensibly independent groups. The public version of the prosecutors’ request for a U.S. Supreme Court review was redacted but appeared to address two main questions: whether the Wisconsin Supreme Court had been too lax in policing coordination between candidates and independent groups, and whether two state Supreme Court justices who had benefited from campaign spending should have recused themselves.

Jim Sedor 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.

October 6, 2016 • Written by Jim Sedor

Thursday News Roundup

Lobbying “Lobby Firm Hires Republican Who Resigned After Ethics Investigation” by Megan Wilson for The Hill Maryland: “Top Lobbyist Represents Winner of Controversial Medical Marijuana License” by Michael Dresser for Baltimore Sun New York: “Ethics Panel Investigating de Blasio’s Nonprofit […]

October 5, 2016 • Written by Jim Sedor

Wednesday Government Relations News

Lobbying “Want to be a ‘Foreign Agent’? Serve in US Congress First” by Joseph Schatz and Benjamin Oreskes for Politico Florida: “Two Years Later, Curbelo Still Keeps List of Past Clients Secret” by Patricia Mazzei for Miami Herald Campaign Finance […]

October 4, 2016 • Written by Jim Sedor

Tuesday Lobbying and Campaign Finance News Update

Campaign Finance Wisconsin: “U.S. Supreme Court Won’t Take Up Walker Case” by Patrick Marley for Milwaukee Journal Sentinel Ethics “Drinks, Dinners, Junkets and Jobs: How the insurance industry courts state commissioners” by Michael Mishak (Center for Public Integrity) for Washington […]

October 3, 2016 • Written by Jim Sedor

Monday News Roundup

Lobbying “Evan Bayh’s Shadow Lobbying” by Maggie Severns and Isaac Arnsdorf for Politico Tennessee: “Ex-Lobbyist Paid for Private Plane for Beth Harwell, Karl Dean” by Dave Boucher and Joel Ebert (The Tennessean) for WBIR Campaign Finance “Democrats Rake in Money, […]

September 30, 2016 • Written by Jonathan Spontarelli

News You Can Use Digest – September 30, 2016

National: Big Business Continues Trend Toward Political Transparency Center for Public Integrity – Dave Levinthal | Published: 9/28/2016 About one-in-10 of the nation’s largest companies volunteer almost no information about their political activity, according to a new study on corporate transparency. […]

National:

Big Business Continues Trend Toward Political Transparency
Center for Public Integrity – Dave Levinthal | Published: 9/28/2016

About one-in-10 of the nation’s largest companies volunteer almost no information about their political activity, according to a new study on corporate transparency. Across 24 categories, the study awards points to companies that, for example, voluntarily disclose contributions to certain nonprofit groups, publish policies that govern political expenditures from its corporate treasury, and reveal money spent to influence state-level ballot initiatives. The authors say there is a trend toward increased corporate political transparency, despite calls from prominent business groups for corporations to not reveal more information than what is legally required of them. But plenty of companies show little interest in revealing more about how they are attempting to influence politics.

For Cuomo and Christie, Parallel Paths to the Top, and Trouble When They Got There
New York Times – Vivian Yee | Published: 9/25/2016

New Jersey Gov. Chris Christie and New York Gov. Andrew Cuomo were once lionized for relentlessly prosecuting bad behavior in government. Cuomo is now reeling after the arrest of one of his closest friends, confidants, and former aides, as well as the arrests of several other close advisers and donors in a bribery scheme, while a former top aide and a former political ally to Christie are on trial over their roles in the scandal that elevated a traffic jam on access lanes leading to the George Washington Bridge into a symbol of political payback. Neither governor is accused of breaking the law. But for two men who once prided themselves on managing spick-and-span administrations, claiming to have been blind to alleged acts of petty revenge and bribery at the highest levels of state government seems bad enough.

Republican Lawmakers Under Fire for Racially Insensitive Comments after Charlotte Unrest
Washington Post – Elise Viebeck | Published: 9/24/2016

Republican lawmakers are under increasing fire for racially insensitive comments after the fatal police shootings of black men sparked unrest in two states. Remarks by U.S. Reps. Robert Pittenger, Tim Huelskamp, and Steve King, along with the GOP nominee for vice president, Mike Pence, underscored to some observers Republicans’ tone-deafness on issues of race in a year of unprecedented attention to police bias against African-Americans. With the November elections barely six weeks away, the responses also seemed a sign of Republicans deepening alienation from black voters. The GOP rhetoric could help mobilize African Americans to oppose Republicans in a year when Hillary Clinton is relying on heavy black turnout to win the White House.

Federal:

D.C. Circuit Decision Limiting Political Ad Disclosure Will Stand
Bloomberg BNA – Kenneth Doyle | Published: 9/28/2016

A federal appellate panel ruling that limits disclosure requirements for groups sponsoring political ads will stand, as the full U.S. Court of Appeals for the District of Columbia Circuit said it will not review the decision. The long-running litigation challenged as too lax current FEC disclosure rules for ‘electioneering communications” – targeted television and radio ads that refer to a federal candidate in the final weeks before an election. The FEC rules in most circumstances do not require disclosure of those funding such ads. A three-judge panel of the District of Columbia Circuit issued a ruling that contended a broader FEC disclosure rule would violate free speech rights. The panel acknowledged previous court decisions supporting disclosure but suggested such rulings conflicted with other precedents giving broad First Amendment protection to political speech.

New Debate Strategy for Donald Trump: Practice, practice, practice
New York Times – Patrick Healy, Ashley Parker, and Maggie Haberman | Published: 9/28/2016

Even as Donald Trump’s advisers publicly backed him after the first presidential debate and praised his performance, they were privately awash in second-guessing about why he stopped attacking Hillary Clinton on trade and character issues and instead grew erratic, impatient, and subdued as the night went on. In interviews, seven campaign aides and advisers to Trump expressed frustration and discouragement over their candidate’s performance. Advisors plan to more rigorously prepare him for the next debate; whether he is open to practicing meticulously is a major concern, however, according to some of these advisers and others close to Trump.

Will ‘Saturday Night Live’ Take Down Trump?
Politico – Shane Goldmacher | Published: 9/29/2016

While Donald Trump and Hillary Clinton argue over who won the first presidential debate, inside 30 Rockefeller Plaza, the winner in the all-important satirical showdown is still being scripted. That is where the cast and crew of “Saturday Night Live” gathered to watch the debate, and it is where they are still sketching out portrayals that will shape how Americans see their presidential candidates. Historically, SNL’s political satire has penetrated the national consciousness. It was Will Ferrell as George W. Bush who coined “strategery,” and it was Tina Fey as Sarah Palin who claimed, “I can see Russia from my house.” The skewering tradition dates all the way back to Chevy Chase’s 1976 portrayal of President Gerald Ford as a klutz. In 2000, Al Gore’s own advisers made him watch Darrell Hammond’s stilted impersonation of his debate performances to show Gore how poorly he was coming off to others.

From the States and Municipalities:

Alabama – Ala. PAC-to-PAC Transfer Ban Upheld by Appeals Court
Montgomery Advertiser – Brian Lyman | Published: 9/28/2016

A federal appeals court upheld Alabama’s ban on money transfers between PACs. The three-judge panel ruled the law did not prevent the Alabama Democratic Conference (ADC), which sued to overturn it, from raising the funds to support its activities. State lawmakers passed the ban in order to restrict donors’ ability to hide contributions by shuffling them through multiple PACs. After the law passed, the ADC created two separate bank accounts, one dealing with independent expenditures and the other for political contributions. Attorneys for the state argued Alabama’s interests were promoting transparency and preventing corruption. The ADC said because it kept its expenditures in separate bank accounts, and because the U.S. Supreme Court’s Citizens United decision said independent expenditures do not create the appearance of corruption, the state had no compelling interest in its accounts tied to campaign expenditures.

California – Ex-LAPD Sergeant Defends Himself Against Ethics Charge Over Controversial Stop of ‘Django Unchained’ Actress
Los Angeles Times – Kate Mather | Published: 9/26/2016

A judge heard arguments over whether a Los Angeles police sergeant violated city ethics rules by leaking a recording of his controversial encounter with actress Daniele Watts to the media. No one questions whether Parker released the recording – he has admitted that in interviews with reporters, at a Police Commission meeting, and again while testifying in court. Instead, the case hinges on whether that recording was confidential and thus, whether Parker violated city rules by making it public. Ethics officials allege he did just that, accusing Parker of unlawfully sharing confidential information without authorization and doing so to “create a private advantage for himself.” Sergio Perez, the Ethics Commission’s director of enforcement, accused Parker of releasing the tape because he faced criticism over the encounter.

Illinois – Donation Lifts Fundraising Caps in Illinois Comptroller Race
State Journal-Register – Sophia Tareen (Associated Press) | Published: 9/26/2016

A $260,000 donation to Illinois Comptroller Leslie Munger’s campaign has lifted the caps on political contributions and guarantees a big-money race between the incumbent and challenger Susana Mendoza. The loan is from Munger’s husband, attorney John Munger. State campaign finance law limits contributions, but it also says if a candidate or family member gives more than $250,000 to his or her own race, the limits come off for all candidates.

Mississippi – Hosemann Launches ‘Searchable’ Campaign Finance Reports
Hattiesburg American – Geoff Pender (Jackson Clarion-Ledger) | Published: 9/27/2016

Mississippi is becoming the last state to allow electronic filing of campaign finance reports, a step toward easier public access to information about who is spending money to influence elections. The National Institute on Money in State Politics says all 49 other states already had either mandatory or voluntary electronic filing of finance reports. The Mississippi secretary of state’s staff has scanned candidates’ paper forms and posted them online for years. But those documents are not searchable and it is burdensome to calculate, for example, how much money a group or person gives to multiple candidates. Secretary of State Delbert Hosemann said he will ask the Legislature to make electronic filing mandatory for statewide and district candidates starting in 2020, after the current four-year term.

New York – Preet Bharara Wields Ax in Albany Corruption Scandal
Albany Times-Union – Chris Bragg and Mathhew Hamilton | Published: 9/22/2016

Federal corruption charges were levied against two former close aides to New York Gov. Andrew Cuomo, a senior state official, and six other people, in a blow to the governor’s innermost circle and a repudiation of the way his prized upstate economic development programs were managed. The charges against the former aides, Joseph Percoco and Todd Howe, and the state official, Alain Kaloyeros, were the culmination of a long-running federal investigation into the Cuomo administration’s efforts to lure jobs and businesses to upstate New York’s limping economy by furnishing billions of dollars in state funds to developers from Buffalo to Albany.

North Carolina – Sen. Fletcher Hartsell Accused of Money Laundering, Mail Fraud and Wire Fraud
Raleigh News & Observer – Anne Blythe | Published: 9/27/2016

North Carolina Sen. Fletcher Hartsell was indicted on multiple counts related to fraudulent campaign fundraising and expenditures. The charges in federal court escalate the legal woes for Hartsell nearly three months after a county grand jury indicted him in state court on allegations he certified three campaign finance documents as correct, while knowing they were not. The federal indictment alleges he spent campaign money on a trip to South Carolina with his wife’s choir, on haircuts, tickets to the musical “Jersey Boys,” his granddaughter’s birthday party, and getting his driver’s license renewed, among other things.

Rhode Island – Councilman’s Proposal to Reform Providence Lobbying Ordinance Hits Roadblock
WPRI – Dan McGowan | Published: 9/26/2016

Providence Councilperson Sam Zurier wants to amend the city’s existing lobbying ordinance to force members of what he considers “financially active” organizations to register as lobbyists, a plan he acknowledges is designed to force members of the Providence Apartment Association to wear badges in City Hall and file quarterly reports with the clerk’s office. But several members of the Ordinance Committee said they are concerned the proposal would deter other community groups from participating in city government, even though the policy focuses on organizations whose members make campaign contributions to the mayor or city council.

Tennessee – Voucher Advocate Hosted Tennessee Lawmakers at Seaside Condo
The Tennessean – Joel Ebert and Dave Boucher | Published: 9/26/2016

In 2014, five state legislators went on an undisclosed vacation with Mark Gill, one of the leaders of the pro-voucher Tennessee Federation for Children. In 2016, all five lawmakers who went to Gill’s condominium co-sponsored legislation to allow vouchers in Tennessee. As Gill is not a registered lobbyist, he is legally allowed to host in this manner due to a loophole in the law. House Speaker Beth Harwell said such trips need to be disclosed, but she is likely to face pushback from legislators like Rep. Andy Holt, who attended the event, “There’s a time and a place for transparency, but my rights as a U.S. citizen didn’t end when I became a lawmaker,” said Holt.

Virginia – In Virginia’s Capital, a Political ‘Bad Boy’ Upends Race for Mayor
Washingtpn Post – Paul Schwartzman | Published: 9/28/2016

Everyone in Richmond knows about Joe Morrissey Myrna Watson, as do many across Virginia, having read salacious stories three years ago about the then-55-year-old state lawmaker who went to jail for cavorting with his 17-year-old receptionist. Warren is now Morrissey’s wife, and she has become a centerpiece of his unlikely quest to become Richmond’s next mayor. Morrissey’s career includes more than a few headline-grabbing stories, including an eight-year disbarment that prevented him from practicing law until 2011, two fistfights that resulted in jail time, and brandishing an unloaded AK-47 during a gun debate in the House of Delegates. Yet polls show Morrissey with an imposing lead over six opponents. One candidate dropped out recently, citing concern that the size of the field would split the vote and ensure Morrissey’s victory.

Jim Sedor State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

September 29, 2016 • Written by Jim Sedor

Thursday News Roundup

Lobbying EU: “Lobbying to Face Greater Scrutiny in European Commission Proposals” by Jennnifer Rankin for The Guardian Campaign Finance “Democratic Convention Committee Obliterated Fundraising Goal” by Carrie Levine for Center for Public Integrity “D.C. Circuit Decision Limiting Political Ad Disclosure […]

September 28, 2016 • Written by Jim Sedor

Wednesday Government Relations News

Lobbying Rhode Island: “Councilman’s Proposal to Reform Providence Lobbying Ordinance Hits Roadblock” by Dan McGowan for WPRI Campaign Finance Delaware: “Judge: Christine O’Donnell violated campaign finance laws” by Randall Chase (Associated Press) for Philadelphia Inquirer Illinois: “Donation Lifts Fundraising Caps […]

September 26, 2016 • Written by Jim Sedor

Monday News Roundup

Campaign Finance “Former Ohio Lawmaker’s Case Shows Flaws in Campaign Finance Law Enforcement” by Deirdre Shesgreen for USA Today California: “Political Watchdog Launches Probe into California Democratic Party over Jerry Brown Donations” by Taryn Luna for Sacramento Bee Missouri: “Candidates […]

September 23, 2016 • Written by Jonathan Spontarelli

FEC Names New Acting General Counsel

On September 22, Lisa J. Stevenson was named acting general counsel for the Federal Election Commission (FEC). Stevenson is replacing Daniel A. Petalas, who is leaving the FEC join the Washington, D.C., law firm Garvey Schubert Barer. Because the FEC […]

September 23, 2016 • Written by Jonathan Spontarelli

News You Can Use Digest – September 23, 2016

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 […]

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.

Jim Sedor State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.

September 22, 2016 • Written by Jim Sedor

Thursday News Roundup

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 […]

September 21, 2016 • Written by Jim Sedor

Wednesday Government Relations News

Lobbying “Boehner Joins Influential K Street Firm” by Kate Ackley for Roll Call Massachusetts: “Business Lobby Holds New Sway on Beacon Hill” by Frank Phillips for Boston Globe Campaign Finance “Court Rules against FEC in Ad Case” by Jonathan Swan […]

Monday News Roundup

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Tuesday Lobbying and Campaign Finance News Update

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News You Can Use Digest – September 30, 2016

Thursday News Roundup

Wednesday Government Relations News

Monday News Roundup

FEC Names New Acting General Counsel

News You Can Use Digest – September 23, 2016

Thursday News Roundup

Wednesday Government Relations News

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