Campaign Finance

National: Supreme Court Defeat for Unions Upends a Liberal Money Base  by Noam Scheiber (New York Times) for Seattle Times

Arizona: Clean Elections Commission to Sue, Says Arizona Lawmakers Are Misleading Voters by Howard Fischer (Capitol Media Services) for Arizona Daily Star

Indiana: New Pay-to-Play Ban Approved by Rosa Salter Rodriguez for Fort Wayne Journal Gazette

Ethics

National: Emails Reveal Close Rapport Between Top EPA Officials, Those They Regulate by Juliet Eilperin (Washington Post) for Chicago Tribune

Arkansas: Arkansas Senators in New Panel on Ethics Get to Work by Michael Wickline for Arkansas Online

Missouri: Engineer Profits from City Projects and Sits on Panel to Vet Them. Is That a Problem? by Bill Turque for Kansas City Star

Ohio: Firm Hired to Investigate Lawmaker Also Donated to Him by Julie Carr Smyth (Associated Press) for Seattle Times

Lobbying

Virginia: Lobbying Firm to Va. Lawmakers: If you refuse Apco money, you won’t get any from us by Patrick Wilson for Richmond Times Dispatch

National:

Voting Machine Vendor Treated Election Officials to Trips to Vegas, Elsewhere
McClatchy DC – Greg Gordon, Amy Renee Leiker (Wichita Eagle), Jamie Self (The State), and Stanley Dunlap (Macon Telegraph) | Published: 6/21/2018

Election Systems and Software (ES&S), the nation’s largest voting equipment vendor, has sought to cement relationships with government officials, some of whom play roles in the award of millions of dollars in contracts. Ethics experts and election watchdogs say the company’s hospitality and hobnobbing with government officials is potentially corrupting. ES&S has for years invited state and local elections officials to serve on an “advisory board” that gathers twice annually for company-sponsored conferences. “It’s highly inappropriate for any election official to be accepting anything of value from a primary contractor …,” said Virginia Canter, chief ethics counsel for the Citizens for Responsibility and Ethics in Washington.

Federal:

New Emails Suggest Scott Pruitt Discussed Hiring a Friend of Lobbyist Landlord
MSN – Lisa Friedman and Hiroko Tabuchi (New York Times) | Published: 6/24/2018

The lobbyist whose wife rented Environmental Protection Agency (EPA) Administrator Scott Pruitt a room in a Capitol Hill condominium at a discounted rate lobbied Pruitt’s chief of staff to hire a family friend. The exchange is among several previously undisclosed interactions that show how J. Steven Hart, who served as chairperson of the law firm Williams & Jensen until earlier this year, sought to exert influence over decisions at the agency even as his spouse was renting Pruitt a $50-a-night room in an upscale condo blocks from the Capitol. Emails also appear to undermine initial arguments that Hart had not lobbied the EPA during Pruitt’s tenure.

The Latest Sign of Political Divide: Shaming and shunning public officials
MSN – Mary Jordan (Washington Post) | Published: 6/24/2018

Few laws expressly prohibit a business from refusing service to a customer because of political views. Civil rights lawyers said while there have been many cases in recent history involving establishments barring black people, women, or members of the LGBT community, shunning people for their political ideology or affiliation has been relatively uncommon – until now. And in a time of intense political division, social media is magnifying the confrontations. Many who disagree with the policies and tone of President Trump and his administration think silence is complicity. But others, even those who vehemently oppose the administration’s politics, do not agree with such aggressive pushback.

Who Should File as a Foreign Agent Is a Tough One to Figure Out
Bloomberg Government – Ken Doyle | Published: 6/26/2018

Until recently, advisory letters from the U.S. Department of Justice on the Foreign Agent Registration Act (FARA) were kept confidential. Now that more than 50 of them have been made public, the trove of documents shows how complicated it is to hew to the law. Is there an easy explanation of who’s a foreign agent? “The short answer is no,” said attorney Jason Abel, who specializes in lobbying and ethics law at the firm Steptoe & Johnson. Legislation in the House would end an exemption from FARA for those who register as lobbyists with the House Clerk’s Office and Secretary of the Senate. It also would give the Justice Department new subpoena power to investigate possible FARA violations.

From the States and Municipalities:

California: California Lawmakers Approve Revamp of Sex Misconduct Policy
Sacramento Bee – Kathleen Ronayne (Associated Press) | Published: 6/25/2018

A committee of California lawmakers approved a new policy for how the Senate and Assembly will investigate sexual harassment complaints. Under the new rules, an investigative unit would look at all complaints, collect evidence, and interview witnesses. A panel of outside experts would determine whether allegations are substantiated and make recommendations on potential consequences. Aspects of the policy may require formal approval from the full Legislature and Gov. Jerry Brown, which could take a vote on the matter by August, said Legislative Counsel Diane Boyer-Vine.

Colorado: Ethics Board Asks Councilman to Pull Bill That Could Allow Expensive Gifts Within City
Colorado Public Radio – Ben Markus | Published: 6/22/2018

In a letter to City Councilperson Kevin Flynn, the Denver Board of Ethics requested he withdraw an amendment designed to revise the city’s ethics code, calling it the “wrong solution.” Flynn’s amendment redefines parameters of Denver’s gift policy. It would allow exchanges of things like expensive flight tickets, jackets, and other items between city agencies and elected officials. A media investigation found Denver International Airport has provided more than $420,000 expensive international business class tickets and hotel rooms to the mayor’s office and city council for a variety of purposes, including fact finding trips before key airport contract votes. Outside ethics experts have called the practice into question.

Florida: Ethics Board Member: Report shows top-down ethical ignorance at City Hall
Tallahassee Democrat – Jeffrey Schweers | Published: 6/23/2018

The investigative report and audiotaped interviews produced as part of the state investigation of former Tallahassee City Manager Rick Fernandez point to a top-down culture of easy ethics at City Hall, said key members of the city’s ethics board. The Florida Commission on Ethics unanimously found probable cause that Fernandez misused his position to accept gifts. Bill Hollimon of Tallahassee’s Independent Ethics Board, said the records show an environment in which it was a common practice to attend Florida State football games in the luxury skybox of a local lobbyist, rub elbows with celebrity chefs, and chat with developers about their projects and what they need from the city.

Kentucky: Kentucky Reviewing State Contract after Bribery Trial
Bowling Green Daily News – Adam Beam (Associated Press) | Published: 6/25/2018

An Illinois-based company’s million-dollar contract with Kentucky could be in trouble after one of its executives testified it paid a state lobbyist on a “success basis” during a recent federal bribery trial. Kentucky pays Cannon Cochran Management Services, Inc. (CCMSI) about $1 million a year to manage the state’s workers compensation claims. The company won the contract in 2005 and has kept it ever since. State officials recently renewed the contract for another two years. But that was before Jerry Armatis, CCMSI’s executive vice president for sales, testified during James Sullivan’s federal bribery trial. Armatis said how much money they paid Sullivan’s consulting firm depended on whether the company won a state contract.

Maine: Maine Ethics Panel Sharply Cuts Payments to Publicly Financed Candidates
Bangor Daily News – Michael Shepherd | Published: 6/27/2018

The Maine ethics commission moved to cut what could be final payments to taxpayer-funded political campaigns by nearly three-quarters if Gov. Paul LePage and Republican allies in the Legislature have their way in an ongoing dispute. The Clean Election program is in danger of being reduced to near ineffectiveness for the November election. LePage has refused to sign routine financial orders allowing the commission to increase the amount of already appropriated money that it can spend before June 30. House Republicans also have held up a bill fixing a legislative drafting error that would keep the fund from spending money as of July 1.

Minnesota: Meet the Donors Who Give to Both DFL and GOP Candidates in Minnesota
Minnesota Post – Peter Callaghan and Greta Kaul | Published: 6/26/2018

According to the most current campaign finance reports by four leading candidates for governor, five lobbying firms and/or their registered lobbyists show up on the donor lists of at least one Democratic Farmer Labor Party candidate and one Republican candidate. In addition to lobbyists and lobbying firms, at least 14 donors have given money to the campaigns of candidates from both political parties. Many of those donors, based on the information listed on disclosure reports, are associated with developers and contractors. Some lobbyists, as well as those in businesses that can be highly dependent on government regulation, need relationships with elected officials regardless of their parties. As a result, they are more likely to spread contributions across party lines than donors who are motivated by ideology.

New York: Alexandria Ocasio-Cortez: The Democrat who challenged her party’s establishment – and won
Washington Post – David Weigel | Published: 6/27/2018

U.S. Rep. Joseph Crowley, once seen as a possible successor to Nancy Pelosi as Democratic leader of the House, suffered a shocking primary defeat on June 26. Crowley was defeated by a political newcomer, Alexandria Ocasio-Cortez, a former organizer for U.S. Sen. Bernie Sanders’ presidential campaign, who had declared it was time for generational, racial, and ideological change. Ocasio-Cortez’s politics are substantially to the left of most of the party, and even Sanders. In her campaign videos and posters, she came out for universal Medicare, a federal jobs guarantee, free college tuition, and the abolition of U.S. Immigration and Customs Enforcement.

Ohio: Mike DeWine, Richard Cordray Donors Got Big Contracts from Ohio Attorney General’s Office
Cincinnati Enquier – James McNair (Ohio Center for Investigative Journalism) | Published: 6/26/2018

Ohio voters this year will choose between two candidates for governor: Attorney General Mike DeWine and his predecessor as attorney general, Richard Cordray. A review of records for the past 10 years found a strong correlation between the amount of campaign donations and the revenue received by law firms doing collection work for the attorney general’s office. Firms in the top quarter of contributors during DeWine’s tenure averaged 425 percent more revenue than those in the bottom quarter. During Cordray’s term, the top quarter of donors earned 156 percent more, on average, than the bottom quarter of contributors. Ohio does not screen and select collections contractors based on a formal scoring system. There is no competitive bidding process.

Texas: City Council Expands Campaign Disclosure Rules, Keeps Contribution Limits
Rivard Report – Iris Dimmick | Published: 6/21/2018

The San Antonio City Council approved a bill that will require anyone contributing $100 or more to a council member or mayoral campaign to disclose where they work and their title. Other measures require more frequent campaign finance reports and more contribution restrictions. The council rejected an ordinance that would have increased the donation limit for individuals.

Texas: Supreme Court Upholds Texas Voting Maps That Were Called Discriminatory
Pittsburgh Post-Gazette – Adam Liptak (New York Times) | Published: 6/25/2018

The U.S. Supreme Court handed a victory to Texas Republicans by reviving electoral districts drawn by the state Legislature that had been thrown out by a lower court for diluting the influence of black and Hispanic voters. The court’s conservative majority ruled the challengers had not done enough to show the Republican-led state Legislature acted with discriminatory intent when it adopted new electoral maps in 2013 for state legislative and congressional seats. The court did rule, however, that one of the state Legislature districts was unlawful.

West Virginia: House Votes to Consider Impeachment of Loughry, Possibly Other Supreme Court Justices
West Virginia Record – Chris Dickerson | Published: 6/26/2018

The West Virginia House of Delegates voted to begin an impeachment investigation into members of the state Supreme Court. The investigation will target Supreme Court Justice Allen Loughry, who was indicted on federal corruption charges, but may also involve other justices. House Resolution 201 empowers the Judiciary Committee to investigate the court and draw up proposed articles of impeachment if committee members decide that path is warranted. But how long the investigation may take is up in the air.

Campaign Finance

National: “Kicking and Screaming Toward Senate 2.0” by Kate Ackley for Roll Call

Maine: “Maine Ethics Panel Sharply Cuts Payments to Publicly Financed Candidates” by Michael Shepherd for Bangor Daily News

Maine: “Major Political Donors Must Disclose Sources Under New Maine Law” by The Associated Press for Maine Public Radio

Minnesota: “Meet the Donors Who Give to Both DFL and GOP Candidates in Minnesota” by Peter Callaghan and Greta Kaul for Minnesota Post

Ohio: “Mike DeWine, Richard Cordray Donors Got Big Contracts from Ohio Attorney General’s Office” by James McNair (Ohio Center for Investigative Journalism) for Cincinnati Enquier

Ohio: “Appeals Court Says Ohio’s Rules on Judicial Campaigns Are Constitutional” by Eric Heisig for Cleveland Plain Dealer

Elections

National: “Alexandria Ocasio-Cortez: The Democrat who challenged her party’s establishment – and won” by David Weigel for Washington Post

Ethics

New Hampshire: “Hassan Intern Caught on Video Swearing at Trump Won’t Be Fired” by Paul Feely and David Solomon for Manchester Union Leader

Missouri: “Klahr Leaving Ethics for Veterans Commission” by Bob Watson for News Tribune

Oklahoma: “Oklahoma Watchdog Agency Accuses Legislators of Starving It” by Nolan Clay for The Oklahoman

Lobbying

National: “Who Should File as a Foreign Agent Is a Tough One to Figure Out” by Ken Doyle for Bloomberg Government

Redistricting

Virginia: “Court Rules Virginia Legislative Districts Unconstitutional” by Denise Lavoie and Alan Suderman (Associated Press) for Seattle Times

Campaign Finance

Maryland: “Baltimore City Council Backs Public Financing of Campaigns” by Luke Broadwater for Baltimore Sun

Elections

National: “Special Counsel Obtains Trump Ally Erik Prince’s Phones, Computer” by James Gordon Meek for ABC News

Ethics

National: “The Latest Sign of Political Divide: Shaming and shunning public officials” by Mary Jordan (Washington Post) for MSN

National: “Trump Business Dealings Raise ‘Serious Concerns,’ Ethics Office Says” by Jonathan O’Connell (Washington Post) for Denton Chronicle

California: “California Lawmakers Approve Revamp of Sex Misconduct Policy” by Kathleen Ronayne (Associated Press) for Sacramento Bee

Florida: “Opa-locka Fixer Dante Starks Pleads Guilty, May Implicate Top Politicians” by Jay Weaver for Miami Herald

West Virginia: “House Votes to Consider Impeachment of Loughry, Possibly Other Supreme Court Justices” by Chris Dickerson for West Virginia Record

Lobbying

National: “Money-Laundering Charge Against Manafort Advances” by Britain Eakin for Courthouse News Service

National: “New Emails Suggest Scott Pruitt Discussed Hiring a Friend of Lobbyist Landlord” by Lisa Friedman and Hiroko Tabuchi (New York Times) for MSN

Kentucky: “Kentucky Reviewing State Contract after Bribery Trial” by Adam Beam (Associated Press) for Bowling Green Daily News

Redistricting

North Carolina: “Supreme Court Sends NC Partisan Gerrymander Case Back for More Arguments” by Anne Blythe for Raleigh News and Observer

Gov. Asa Hutchinson has schedule a special election for November 6, to fill the state House District 45 seat vacated by Jeremy Gillam.

There will be no special primary and political parties must choose their nominees by party convention.

Gillam resigned in order to become the director of governmental relations and external affairs at the University of Central Arkansas.

Campaign Finance

National: “Rep. Kaniela Ing Fined $15,000 For Campaign Spending Violations” by Courtney Teague for Roll Call

Texas: “City Council Expands Campaign Disclosure Rules, Keeps Contribution Limits” by Iris Dimmick for Rivard Report

Ethics

National: “Voting Machine Vendor Treated Election Officials to Trips to Vegas, Elsewhere” by Greg Gordon, Amy Renee Leiker (Wichita Eagle), Jamie Self (The State), and Stanley Dunlap (Macon Telegraph) for McClatchy DC

National: “New Pruitt Question: Where are his emails?” by Emily Holden for Politico

National: “National Enquirer Sent Stories About Trump to His Attorney Michael Cohen Before Publication, People Familiar with the Practice Say” by Sarah Ellison (Washington Post) for MSN

Michigan: “‘Shakedown Artist’ Dean Reynolds Guilty in Macomb Corruption Probe” by Christina Hall for Detroit Free Press

South Carolina: “Despite SC Corruption Probe, Ethics Reform Goes Nowhere in Statehouse” by Jamie Lovegrove for The State

Federal:

In Trump’s America, the Conversation Turns Ugly and Angry, Starting at the Top
WRAL – Peter Baker and Katie Rogers | Published: 6/20/2018

The politics of rage that animated President Trump’s rise now dominate the national conversation, as demonstrated during the debate over his immigration policy that separated children from parents apprehended at the border. Harsh discourse in American politics is not new, but rarely has the president himself set the tone from the top in the way Trump does. Christine Porath, a Georgetown University professor and author of “Mastering Civility,” said the current harsh climate was affecting people beyond politics, injecting itself into everyday life at home and work. “It seems like people are not only reciprocating, but we tend to stoop lower rather than higher – it’s really putting us in an unfortunate place,” said Porath.

Pence Turns VP’s Office into Gateway for Lobbyists to Influence the Trump Administration
Seattle Times – Michael Scherer, Josh Dawsey, and Anu Narayanswami (Washington Post) | Published: 6/15/2018

About twice as many companies and other interests hired lobbyists to contact the vice president’s office in Mike Pence’s first year than in any single year during the tenures of Vice Presidents Joe Biden and Richard Cheney. The approach has allowed Pence to emerge as a key ally for corporations inside the Trump White House even as the president vows to “drain the swamp.” Pence’s inner circle includes friends, donors, and former staffers who are among the lobbyists in regular contact with the vice president’s office. In several cases, the relationships are mutually beneficial, with lobbyists who have charged clients millions of dollars to access his office donating money to Pence-backed political causes.

Women Speak of Pervasive Harassment in DC Lobbying Culture
The Hill – Megan Wilson | Published: 6/19/2018

For K Street denizens, deals are often done over dinner or drinks, on business travel, or retreats. Much like Capitol Hill, the lobbying industry remains dominated by men, creating an environment where women say they are often subject to harassment and worse. Unlike in other industries, few women have been willing to come forward to talk about it. The Hill reached out to women on K Street, asking whether they had similar stories to those surfacing as part of the “Me Too” movement. More than a dozen women spoke about instances of sexual harassment or assault they say they have faced while working as lobbyists and political operatives, and in public relations.

Zinke Linked to Real Estate Deal with Halliburton Chairman
Politico – Ben Lefebvre and Nick Juliano | Published: 6/18/2018

U.S. Interior Secretary Ryan Zinke’s family is involved in a land deal with Halliburton Chairperson David Lesar, whose company does business with the Interior Department. A charitable foundation created by Zinke and run by his wife, Lola, is allowing a company co-owned by Lesar and his family to use a portion of its land in Whitefish, Montana, as a parking lot for the development. The Zinkes also own land on the other side of the development, and have long sparred with neighbors about their various plans for it. If the new hotel, retail stores, and microbrewery go through, real estate agents say, the Zinke-owned land next door would stand to increase substantially in value.

From the States and Municipalities:

Arkansas: Legislator-Graft Case Spotlights Arkansas Ethics-Law Flaws
Arkansas Online – Doug Thompson | Published: 6/18/2018

A lobbyist whose firm spent $3.5 million in Arkansas reported total legislator-related expenses of only $12,170 from 2010 to 2017, a comparison of his federal guilty plea and state ethics records show. Milton “Rusty” Cranford could spend up to 10 years in federal prison after pleading guilty to one count of federal program bribery. What changes the state Ethics Commission will recommend in light of events uncovered by federal investigators have not been determined, Executive Director Graham Sloan said. He said ethics laws leave reporting of lobbying and campaign expenses up to the entities involved, and the system relies on voluntary compliance, and people reporting noncompliance to the commission. Any change in that system would require new law, Sloan said.

California: ACLU Suit Targets Law That Bars Horn Honking at Protests
San Diego Union Tribune – Teri Figueroa | Published: 6/14/2018

When Susan Porter beeped her car horn in support of a political protest in San Diego last year, she quickly found herself pulled over and ticketed. According to the state vehicle code, horns are to be honked only for safety reasons or as part of a car alarm. Now, the American Civil Liberties Union of San Diego and Imperial Counties is asking a federal judge to find that state law unconstitutional, arguing in a newly filed lawsuit that preventing such honking chills free speech. The suit argues Porter is “censoring herself by refraining from using her vehicle horn for expressive purposes,” including supporting political rallies.

Colorado: Colorado Enacts Replacement Campaign Finance Enforcement System
National Law Review – Andrew Garrahan | Published: 6/19/2018

A federal court recently held that Colorado’s system for enforcing its campaign finance laws was unconstitutional. The secretary of state’s office has now enacted temporary enforcement rules, effective immediately. Under the new rules, any person may file a complaint, just like under the old system. But the rules now include three protections that attempt to prevent abuse of the system for political purposes. In addition to the enforcement changes, the new rules also establish a formal system for seeking advisory opinions on campaign finance issues.

Florida: A Persistent Gadfly Wins Again in the Supreme Court
WRAL – Adam Liptak (New York Times) | Published: 6/18/2018

The U.S. Supreme Court gave a civic activist in Florda another shot at proving his arrest at a city council meeting was in retaliation for his criticism of public officials. The court said it was ruling narrowly for Fane Lozman, whose battles with the Riviera Beach City Council had become legendary. It said a lower court had been wrong to stop his retaliation lawsuit. The case grew from an attempt to cut Logan off at a council meeting into a major free-speech showdown that carried nationwide implications for citizens arrested, as Lozman was, by government officials whom they criticize.

Georgia: Candidate for Georgia Governor Bought Condo from Lobbyist
New York Times – Kevin Sack | Published: 6/14/2018

A Republican candidate for Georgia governor reportedly bought an Atlanta condominium from a lobbyist at what appeared to be a discount. The New York Times, citing real estate records, says Lt. Gov. Casey Cagle purchased the condo 10 years ago at 24 percent less than its appraised value. It was bought from Terry Hobbs, a lobbyist who represents natural gas marketer SCANA. Cagle sold the condo last year at a 29 percent profit. As lieutenant governor, Cagle presides over the Senate and controls the flow of legislation there. Cagle said the sale was “a legitimate transaction” and Hobbs had not lobbied him on any issue around the time of the sale.

Kansas: Judge Slams Kobach for Flouting Court Rules
Politico – Josh Gerstein | Published: 6/18/2018

A federal judge permanently struck down Kansas’s proof-of-citizenship voter registration law, rebuking Kansas Secretary of State Kris Kobach, one of the country’s most vocal advocates of voter-ID laws. U.S. District Court Judge Julie Robinson said the state’s requirement that voters show proof of citizenship during registration violated both the Constitution and the National Voter Registration Act. Robinson struck down the law and ordered Kobach to take six additional hours of continuing legal education that “pertain to federal or Kansas civil rules of procedure or evidence.” In an earlier ruling, Robinson held Kobach in contempt for skirting court orders related to the law and failing to send postcards confirming registration for thousands of voters.

Kentucky: Kentucky Man Gets 30-Day Sentence in Attack on Senator Rand Paul
Reuters – Suzannah Gonzales | Published: 6/19/2018

U.S. Sen. Rand Paul’s neighbor was sentenced to 30 days in prison for tackling the lawmaker while he was out doing yard work at his Kentucky home. Paul, who suffered broken ribs, had hoped for a harsher penalty. He said in a statement that the 21 months in prison sought by prosecutors “would have been the appropriate punishment.” Rene Boucher pleaded guilty to assaulting a member of Congress in the attack. Boucher said he was triggered by Paul repeatedly stacking debris near their property line in Bowling Green and “lost his temper.” Boucher must serve a year of supervised release after the prison time, stay away from the Paul family, and pay a $10,000 fine.

Maryland: Candidate’s Relationship with Talk Radio Station Raises Questions About Campaign Finance
Baltimore Sun – Libby Solomon | Published: 6/18/2018

Nino Mangione’s family owns talk radio station WCBM 680. He is the station’s web manager. Until April, he even hosted a weekly, hourlong talk show. But Mangione is also running to be a state delegate, a situation one of his opponents said is problematic. “… He’s using his family-owned media platform to promote his own candidacy, and doesn’t seem to understand the conflict of interest involved,” said Justin Kinsey. Mangione said when the WCBM website posts stories about his campaign, it is just reporting the news, not advertising his campaign. Attorney Andy Levy said the relationship could potentially be considered an in-kind campaign contribution, subject to reporting requirements and limits.

Massachusetts: City Council Offers Own Lobbying Bill, Straying from Marty Walsh’s Proposal
Boston Globe – Milton Valencia | Published: 6/19/2018

Boston City Council members Michelle Wu and Michael Flaherty introduced a new lobbying ordinance. The proposal would require lobbyists and their clients to file notices with the city and pay an annual fee: $1,000 for a lobbyist and $500 for a client. They would have to file quarterly reports. A plan to reform the city’s lobbying law was proposed by Mayor Martin Walsh two years ago with a home rule petition that needed the state Legislature’s approval. Wu and Flaherty are proposing a local ordinance, which needs approval from only the council and mayor. But the versions are different enough to raise questions whether a deal can be reached on any changes to the city’s minimal lobbyist registration and disclosure requirements.

Ohio: Convicted Ohio Republican Businessman’s Company Targets Democrats
Philadelphia Inquirer – Julie Carr Smyth (Associated Press) | Published: 6/20/2018

Ben Suarez, an Ohio direct-marketer who was convicted of witness tampering in a campaign finance investigation, is organizing an operation to retaliate against the prominent Democrats he blames for putting him in prison. A memorandum lays out The Justice Association’s strategy for a lawsuit and ad campaign targeting U.S. Sen. Sherrod Brown, who is running for re-election this year, and former U.S. Attorney Steven Dettelbach, the Democratic nominee for state attorney general. It calls them “chief culprits” in a vast effort by Democrats to unjustly prosecute Republican-owned companies under former President Obama.

West Virginia: West Virginia Supreme Court Justice Indicted in Investigation He Initiated
Governing – Lacie Pierson (Tribune News Service) | Published: 6/21/2018

West Virginia Supreme Court Justice Allen Loughry, who wrote a book on political corruption in the state, was arrested by FBI agents and faces 22 charges alleging fraud, witness tampering, and lying to investigators. The indictment says Loughry used a state vehicle and credit card for personal use, including trips to visit family. It says Loughry also sought mileage reimbursements for trips even though he drove a state vehicle and used a government credit card for gas. He was accused of moving a leather couch and a valuable desk from the Supreme Court office to his home, and of lying to federal agents about his actions and trying to influence an employee’s testimony. Loughry has been suspended without pay.

Campaign Finance

National: “Democrats Dodge Campaign Finance Law” by James Arkin for Politico

Colorado: “Colorado Enacts Replacement Campaign Finance Enforcement System” by Andrew Garrahan for National Law Review

New Mexico: “Secretary of State Loses Bid for Emergency Funds” by Dan Boyd for Albuquerque Journal

Ethics

National: “Commerce Secretary Shorted Stock as Negative Coverage Loomed” by Mike McIntire for New York Times

Arkansas: “Arkansas Senate OKs Overhaul of Ethics Rules” by Andrew DeMillo (Associated Press) for The Times-Record

Colorado: “Denver City Council Committee Votes to Allow Expensive Business Class Trips as Gifts” by Ben Markus for Colorado Public Radio

Kentucky: “Kentucky Man Gets 30-Day Sentence in Attack on Senator Rand Paul” by Suzannah Gonzales for Reuters

New York: “Corruption Retrial Begins for Ex-New York Senate Leader, Son” by Associated Press for Tampa Bay Times

Procurement

National: “Korean Firm Tied to Trump Lawyer Got U.S. Contract Despite Corruption Probe” by Shawn Boburg and Aaron Davis for Washington Post

Why should you be aware of best practices and recent trends regarding lobbying and gifts? Reputation is your company’s most valued asset. Perception is everything. This short educational video is a must-see for all government relations professionals involved in advocacy and lobbying compliance at the state and local level.

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Click here to view this video on best practices and recent trends for lobbying and gift-giving – and ensure you and your team can say “I Comply!”

Campaign Finance

Maryland: “Candidate’s Relationship with Talk Radio Station Raises Questions About Campaign Finance” by Libby Solomon for Baltimore Sun

Elections

Kansas: “Judge Slams Kobach for Flouting Court Rules” by Josh Gerstein for Politico

Ethics

National: “Financial Reporting, Conflict of Interest Rules for Federal Employees Apply to Virtual Money, Ethics Office Says” by Eric Yoder (Washington Post) for San Francisco Chronicle

Canada: “Morneau Cleared by Ethics Commissioner” by Rachel Aiello for CTV News

Arkansas: “Former Arkansas Sen. Jake Files Sentenced to 18 Months in Jail” by Staff for Arkansas Business

Kentucky: “Lobbyist Convicted of Kentucky Deputy Attorney General Bribe” by Adam Beam (Associated Press) for Sacramento Bee

North Dakota: “ND Anti-Corruption Petition Gathers Enough Signatures” by Barry Amundson for Grand Forks Herald

Lobbying

National: “Women Speak of Pervasive Harassment in DC Lobbying Culture” by Megan Wilson for The Hill

Massachusetts: “Boston City Council to Take Up Lobbying Rules – Two Years After Walsh Made His Proposal” by Milton Valencia for Boston Globe

Elections

National: “Trump Associate Roger Stone Reveals New Contact with Russian National during 2016 Campaign” by Manuel Roig-Franzia and Rosalind Helderman (Washington Post) for Chicago Tribune

Ethics

National: “Facebook’s New Political Algorithms Increase Tension with Publishers” by Ben Sisario (New York Times) for WRAL

National: “For Pruitt Aides, the Boss’s Personal Life Was Part of the Job” by Eric Lipton, Steve Eder, Lisa Friedman, and Hiroko Tabuchi (New York Times) for WRAL

California: “ACLU Suit Targets Law That Bars Horn Honking at Protests” by Teri Figueroa for San Diego Union Tribune

New York: “SUNY Poly Chief’s Corruption Trial Will Shine Harsh Light on Cuomo Upstate Development Efforts” by Stephen Rex Brown for New York Daily News

South Carolina: “An Unintentional Facebook ‘Like’ Shakes the South Carolina Governor’s Race” by Andy Shain for Charleston Post and Courier

Lobbying

National: “Pence Turns VP’s Office into Gateway for Lobbyists to Influence the Trump Administration” by Michael Scherer, Josh Dawsey, and Anu Narayanswami (Washington Post) for San Francisco Chronicle

Arkansas: “Legislator-Graft Case Spotlights Arkansas Ethics-Law Flaws” by Doug Thompson for Arkansas Online

Florida: “Skybox Hopping, Connections with Adam Corey Draw Elected Officials into Ethics Report” by Jeffrey Schweers for Tallahassee Democrat

Texas: “Council Approves Changes to Anti-Lobbying Ordinance” by Jack Craver for Austin Monitor

Redistricting

National: “Supreme Court Punts on Two Cases Regarding Partisan Election Districts” by Richard Wolf for USA Today

Elections

Maine: Election Reformers Cheer as Maine Again Approves Ranked-Choice Voting by Allegra Kirkland for Talking Points Memo

Minnesota: Supreme Court Strikes Down Political Dress Code at Polls in Latest Decision Involving Voting by Richard Wolf for USA Today

Ethics

National: Customs and Border Protection Agent Faces Inquiry After Questioning Reporter About Her Sources by Shane Harris, Matt Zapotosky, and Jack Gillum for Washington Post

California: ACLU Suit Targets Law That Bars Horn Honking at Protests by Teri Figueroa for San Diego Union Tribune

Florida: Skybox Hopping, Connections with Adam Corey Draw Elected Officials Into Ethics Report by Jeffrey Schweers for Tallahassee Democrat

New York: While Putnam Residents Pay Full Fare at Golf Clubhouse, County Executive, Ally Get Breaks by David McKay Wilson for The Journal News

Lobbying

Georgia: Candidate for Georgia Governor Bought Condo from Lobbyist by Kevin Sack for New York Times

Federal:

Meet the Guys Who Tape Trump’s Papers Back Together
Politico – Annie Karni | Published: 6/10/2018

Under the Presidential Records Act, the White House must preserve all memos, letters, emails, and papers the president touches, sending them to the National Archives for safekeeping as historical records. But President Trump has an odd and enduring habit of ripping up papers when he is done with them – what some people described as his unofficial “filing system.” White House aides realized early on they were unable to stop Trump. Instead, staffers have the fragments of paper collected from the Oval Office, as well as the private residence, and send it to the records management office to reassemble. “We got Scotch tape, the clear kind,” said Solomon Lartey, a records management analyst. “You found pieces and taped them back together and then you gave it back to the supervisor.”

US Lifts Secrecy on Foreign Lobbying Opinions
Talking Points Memo – Chad Day and Eric Tucker (Associated Press) | Published: 6/8/2018

For the first time, the U.S. Justice Department began releasing advisory opinions about the Foreign Agents Registration Act. The law requires lobbyists to detail their involvement in advocating for foreign governments. The release included memos issued since 2010. The department had kept the opinions secret for decades, a point of contention for transparency advocates and lawyers who specialize in advising clients on complying with the law. The opinions provide an unprecedented view into the thinking of a specialized Justice Department unit whose influence has grown in recent years, propelled by more aggressive enforcement and a special counsel investigation focused on foreign influence operations inside the U.S.

From the States and Municipalities:

Alabama: John Merrill Questions Alabama Ethics Commission’s Waivers of Fines
AL.com – Mike Cason | Published: 6/8/2018

Alabama Secretary of State John Merrill is questioning the state Ethics Commission’s decision to waive fines for violations of campaign finance law. The penalties are in force for the first time with the 2018 elections. The commission voted to waive civil fines levied against 33 candidates and political committees by Merrill’s office. The fines were for late filing of campaign finance reports, which are required by the Fair Campaign Practices Act to show who contributes to campaigns and how that money is spent. The filing requirements are not new. But a 2015 law aimed to step up enforcement, giving the secretary of state the authority to levy fines and the Ethics Commission the authority to investigate campaign finance violations.

Arkansas: Former Arkansas Lobbyist Pleads Guilty in Bribery Scheme
WRAL – Kelly Kissell (Associated Press) | Published: 6/7/2018

Former lobbyist Milton “Rusty” Cranford pleaded guilty to bribing elected officials in Arkansas. Cranford admitted paying bribes to former state Sen. Jon Woods, former state Rep. Henry Wilkins IV, and a legislator identified only as “Arkansas Senator A.” According to federal prosecutors, the lawmakers diverted state funds and performed legislative favors for Cranford and companies he represented, at times holding up state agency budgets. Sen. Jeremy Hutchinson, a nephew of Gov. Asa Hutchinson, matches the description of “Senator A.”

California: Radical Plan to Split California Into Three States Earns Spot on November Ballot
Los Angeles Times – John Myers | Published: 6/12/2018

A proposal to partition California into three separate states earned enough signatures to qualify for the November ballot. The initiative calls for splitting the Golden State into northern and southern regions, as well as the central coast and Los Angeles Basin. “Three states will get us better infrastructure, better education, and lower taxes,” said Tim Draper, the Silicon Valley venture capitalist who sponsored the ballot measure. The proposal faces an uphill battle. If Californians vote for the separation, the state Legislature would have to approve it, and then Congress would still have to ratify the measure. If approved, it would be the first division of an existing U.S. state since West Virginia was formed out of a part of Virginia in 1863.

Colorado: Federal Judge Finds Portions of Colorado’s Campaign Finance Complaint Process Are Unconstitutional in Ruling Likely to Prompt Big Change
Denver Post – Jesse Paul | Published: 6/13/2018

U.S. District Court Judge Raymond Moore ruled that Colorado’s procedure for bringing campaign finance complaints is unconstitutional. The law allows anyone in the public to file a complaint that is automatically forwarded, without review for merit by the secretary of state’s office, to an administrative law judge. Moore’s ruling essentially means there now has to be some kind of screening mechanism put in place to prevent frivolous cases that can leave defendants facing high attorney fees. Colorado’s deputy secretary of state, Suzanne Staiert, said the decision now means her office has to find a way to satisfy the vetting requirements.

Florida: Ethics Commission: Fernandez misused position to get FSU tickets, catering discount
Tallahassee Democrat – Jeff Burlew | Published: 6/13/2018

The Florida Commission on Ethics said former Tallahassee City Manager Rick Fernandez violated the state’s ethics laws when he accepted Florida State University football tickets from a local lobbyist and a four-figure catering discount from the city-backed Edison restaurant. The panel said Fernandez solicited the football tickets and catering discount in violation of Florida’s gift law, and he either knew or should have known the gifts were given to influence his official action as city manager. The commission did not find probable cause on several other allegations involving a former Edison employee who was given a job at City Hall after Fernandez got the catering discount.

Florida: Lobbyists Face New Requirements at Citizens
WPEC – Jim Turner (News Service of Florida) | Published: 6/13/2018

Lobbyists who represent clients at the state-backed Citizens Property Insurance Corp. will have to comply with a new registration process. A registration website will be available August 1, with lobbyists expected to comply with the policy starting September 1, said Citizens President Barry Gilway. All lobbyists currently registered with the executive branch will receive a letter advising them of the changes, Gilway said. The rules would apply to anyone that wants to sway Citizens policy or contracting and who contacts Citizens staff or board members. The rules will not apply to attorneys, agents, adjusters, or other people representing clients in insurance claims or judicial proceedings.

Montana: Governor Signs Executive Order Targeting Dark Money
Montana Public Radio – Corine Cates-Carney | Published: 6/8/2018

Montana Gov. Steve Bullock signed an executive order that aims to shine more light on political donations. Contractors will have to disclose if they have made campaign contributions in excess of $2,500 in the last two years to so-called dark money organizations. Those are groups that are not legally required to make their donor lists public. Any state contractor selling more than $25,000 in services, or $50,000 worth of goods to the state will have to report dark money contributions. According to the governor’s office, there are roughly 500 to 600 state contractors who would fall under the new disclosure requirements.

New York
IDC-Independence Party Campaign Finance Deal Declared Illegal
Albany Times Union – David Lombardo | Published: 6/7/2018

A fundraising agreement between a statewide third party and the New York Senate’s now-defunct Independent Democratic Conference has been deemed invalid by a state Supreme Court justice. The arrangement with the Independence Party boosted then-party leader Jeff Klein’s ability to raise and spend campaign money, as the new account was able to accept six-figure donations and transfer unlimited amounts to candidates. The increased fundraising muscle was flexed in 2016 and had been expected to play a pivotal role in September, when the eight former members of the conference may face Democratic primaries.

New York: New York Files Suit Against President Trump, Alleging His Charity Engaged in ‘Illegal Conduct’
Chicago Tribune – David Fahrenthold (Washington Post) | Published: 6/14/2018

New York Attorney General Barbara Underwood filed a lawsuit against President Trump, the Donald J. Trump Foundation, and members of the Trump family, alleging the charity violated federal and state law. The complaint alleges the foundation provided illegal support to Trump’s 2016 presidential bid by using public funding to promote his candidacy, and raised more than $2.8 million to support the campaign. The lawsuit also says Trump used the foundation to cover legal fees and to promote his properties and businesses. Underwood asked a state judge to dissolve the foundation and sent referral letters to the IRS and FEC for possible further action.

Ohio: Court: States can purge voters who don’t vote or respond to warnings
USA Today – Richard Wolf | Published: 6/11/2018

The U.S. Supreme Court ruled states can clean up their voting rolls by targeting people who have not cast ballots in a while. The justices rejected arguments in a case from Ohio that the practice violates a federal law intended to increase the ranks of registered voters. A handful of other states also use voters’ inactivity to trigger a process that could lead to their removal from the voting rolls. Ohio asks people who have not voted in two years to confirm their eligibility. If they do, or if they show up to vote over the next four years, voters remain registered. If they do nothing, their names eventually fall off the list of registered voters. Justice Stephen Breyer, writing in dissent, said the 1993 law prohibits removing someone from the voting rolls “by reason of the person’s failure to vote. In my view, Ohio’s program does just that.”

Oklahoma: Oklahoma Ethics Commission Raises Fees to Stay in Operation
The Oklahoman – Nolan Clay | Published: 6/9/2018

The Oklahoma Ethics Commission voted to raise its registration fees from $150 to $250. The change goes into effect July 1. Commissioners acted after they learned the agency could run out of money next fiscal year. They already voted in May to sue over the lack of funding the commission got from the state Legislature. Lawmakers are making the ethics agency use its revolving fund to operate. The fund is made up of the fees collected from lobbyists, candidates, political parties, and PACs.

Washington: Why Google Won’t Run Political Ads in Washington State for Now
Seattle Times – Jim Brunner and Christine Clarridge | Published: 6/7/2018

Google stopped accepting political ads in Washington, the same day that changes to the state’s campaign finance reporting requirements and enforcement procedures took effect. Google acted days after Washington Attorney General Bob Ferguson sued the company, along with Facebook, saying the firms are not obeying state law on political ad transparency. The Public Disclosure Commission issued guidelines related to the new law and passed an emergency rule that clarified that digital ad companies like Google are subject to state law requiring them to maintain publicly available information about political ads, just like television stations and other media.

On June 11, several significant amendments to Alberta’s provincial lobbying law took effect when the Lobbyists Amendment Act, 2018, came into force by Royal Assent. The most substantial change in the existing Lobbyist Act is the reduction of an organizational lobbyist’s time threshold from 100 hours annually to 50 hours annually.

For the purposes of determining whether lobbying amounts to 50 hours annually, time spent lobbying includes time spent preparing for communication and communicating with a public office holder. Contingency lobbying is now prohibited under the Act.

Another change to the law amends the definition of lobbying to statutorily include grassroots communication as a form of regulated lobbying requiring registration. Grassroots communication does not include communication between an organization and its members, officers or employees or between a person or partnership and its shareholders, partners, officers or employees.

A lobbyist gift ban has been enacted and reads as follows, “Lobbyists are prohibited from giving or promising any gift, favor or other benefit to the public office holder being, or intended to be, lobbied that the public office holder is prohibited from accepting or that, if given, would place the public office holder in a conflict of interest.”

An additional exemption to the requirement of registering as a lobbyist was added for individuals who are recognized as elders by their aboriginal community.