July 21, 2016 •
Thursday News Roundup
Lobbying “Lobbyists Have Raised $7 Million for Hillary Clinton. For Trump? Zero” by Catherine Ho for Washington Post South Carolina: “Departing S.C. House Ethics Committee Chairman Accepts Government Affairs Consulting Job” by Maya Prabhu for Charleston Post and Courier Campaign […]
Lobbying
“Lobbyists Have Raised $7 Million for Hillary Clinton. For Trump? Zero” by Catherine Ho for Washington Post
South Carolina: “Departing S.C. House Ethics Committee Chairman Accepts Government Affairs Consulting Job” by Maya Prabhu for Charleston Post and Courier
Campaign Finance
“States Can Bring Political ‘Dark Money’ into the Light” by Ann Ravel for Los Angeles Times
Illinois: “Who Is Funding Group Challenging Redistricting?” by Sophia Tareen (Associated Press) for WTOP
Missouri: “Who Made the Biggest Political Donation in Missouri History? Ask After the Election” by Kevin McDermott for St. Louis Post-Dispatch
Ethics
“Accused of Sexual Harassment, Roger Ailes Is Negotiating Exit from Fox” by John Koblin and Jim Rutenberg for New York Times
Pennsylvania: “Kathleen Kane’s Staff Gives Job Interview to Son of Key Prosecution Witness Against Her” by Steve Esack for Allentown Morning Call
Elections
“‘Just Look Around’: A Hispanic delegate doesn’t see the party she’s rooting for” by Robert Samuels for Washington Post
“How Donald Trump Picked His Running Mate” by Robert Draper for New York Times
Ohio: “In Cleveland’s Public Square, Rights Are Exercised. Loudly.” by Dan Barry for New York Times
July 20, 2016 •
Wednesday Government Relations News
Lobbying “UFC’s Payday Comes at the End of an Odyssey through Statehouses” by Richard Sandomir and Ken Belson (New York Times News Service) for Las Vegas Sun New York: “De Blasio’s Nonprofits: Were they worth it?” by Samar Khurshid for […]
Lobbying
“UFC’s Payday Comes at the End of an Odyssey through Statehouses” by Richard Sandomir and Ken Belson (New York Times News Service) for Las Vegas Sun
New York: “De Blasio’s Nonprofits: Were they worth it?” by Samar Khurshid for Gotham Gazette
Campaign Finance
“In Choosing Mike Pence, Donald Trump Moves Closer to Big Donors” by Nicholas Confessore for New York Times
Colorado: “Denver Campaign Finance Reform Proposal Pulled from Ballot” by Claire Cleveland for Denver Post
Kentucky: “Corporations Can Now Make Political Donations in Kentucky” by Ryland Barton for WFPL
Ethics
Rhode Island: “Ethics Commission Adopts Moratorium on Complaints for 90 Days before General Election” by Ian Donnis for Rhode Island Public Radio
Elections
“How Melania Trump’s Speech Veered Off Course and Caused an Uproar” by Maggie Haberman and Michael Barbaro for New York Times
“Inside the GOP’s Shadow Convention” by Shane Goldmacher for Politico Magazine
Kansas: “ACLU Sues Kansas Over Voting Rule for State, Local Races” by Roxana Hegeman (Associated Press) for Philadelphia Inquirer
Virginia: “Virginia High Court Considers Whether McAuliffe Erred in Restoring Felons’ Voting Rights” by Fenit Nirappil for Washington Post
July 19, 2016 •
Tuesday Lobbying and Campaign Finance News Update
Lobbying “Reluctant Lobbyists Descend on Cleveland” by Megan Wilson for The Hill Campaign Finance “Clinton Pledges Constitutional Amendment to Overturn Citizens United Ruling” by Benjamin Oreskes for Politico “Mike Pence Used Campaign Funds to Pay His Mortgage – and it […]
Lobbying
“Reluctant Lobbyists Descend on Cleveland” by Megan Wilson for The Hill
Campaign Finance
“Clinton Pledges Constitutional Amendment to Overturn Citizens United Ruling” by Benjamin Oreskes for Politico
“Mike Pence Used Campaign Funds to Pay His Mortgage – and it Cost Him an Election” by Rosalind Helderman, Tom Hamburger, and Alice Crites for Washington Post
“Why We Don’t Know Who’s Funding the Republican Convention” by Haley Sweetland Edwards and Chris Wilson for Time
New Jersey:”Watchdogs Cheer Disclosure of $1M Donor to Super PAC Linked to Fulop” by Terrence McDonald (Jersey Journal) for NJ.com
Oklahoma: “Oklahoma Schools May Suspend Popular Fundraiser over Political Promo” by D.E. Smoot (Muskogee Phoenix) for Times Record
Ethics
Tennessee: “The Culture That Allowed Durham to Thrive” by Dave Boucher and Joel Ebert for The Tennessean
Utah: “Prosecutors Seek to Drop All Charges Against Ex-A.G. Shurtleff; Swallow Prosecution Proceeding” by Jennifer Dobner for Salt Lake Tribune
Elections
“Donald Trump’s Ghostwriter Tells All” by Jane Mayer for New Yorker
Legislative Issues
“Paul Ryan Blasted for Picture of Congressional Interns with Few Minorities” by Christopher Brennan for New York Daily News
July 18, 2016 •
Monday News Roundup
Lobbying New York: “Jackson Lewis Lands 39-Member Wilson Elser Lobbying Group” by Christine Simmons for New York Law Journal Campaign Finance California: “Commerce Councilwoman Faces State’s Largest-Ever Penalty Against a Local Elected Official” by Adam Elmahrek for Los Angeles Times […]
Lobbying
New York: “Jackson Lewis Lands 39-Member Wilson Elser Lobbying Group” by Christine Simmons for New York Law Journal
Campaign Finance
California: “Commerce Councilwoman Faces State’s Largest-Ever Penalty Against a Local Elected Official” by Adam Elmahrek for Los Angeles Times
District of Columbia: “Vincent Gray 2010 Campaign Chauffeur Sentenced to a Year’s Probation” by Keith Alexander for Washington Post
Indiana: “No Criminal Charges for Monarch Beverage in Campaign Contributions Investigation” by Jill Disis and Tony Cook for Indianapolis Star
Ethics
“U.S. Rep. Ed Whitfield Broke House Rules, Committee Finds” by R.G. Dunlop for Kentucky Center for Investigative Reporting
Florida: “Carrie Meek’s Daughter Involved in $5 Million Land Deal Through Mom’s Foundation” by Douglas Hanks for Miami Herald
New Jersey: “David Samson, Ally of Christie, Admits to Bribery Over Airline Route” by Patrick McGeehan for New York Times
Oregon: “Court Tosses Out Subpoena in Kitzhaber Investigation” by Andrew Selsky (Associated Press) for Everett Herald
Elections
“Donald Trump Officially Picks Mike Pence as His Running Mate” by Philip Rucker and Robert Costa for Washington Post
July 15, 2016 •
NYCU Video Digest – July 15, 2016
We are excited to debut our very first weekly News You Can Use Video Digest! NYCU Video Digest was produced by 2016 interns Brittany Anderson and Clémence Besnard for State and Federal Communications.
We are excited to debut our very first weekly News You Can Use Video Digest!
NYCU Video Digest was produced by 2016 interns Brittany Anderson and Clémence Besnard for State and Federal Communications.
July 15, 2016 •
News You Can Use Digest – July 15, 2016
National: Gay Political Power Reaching Record as U.S. Attitudes Shift Bloomberg.com – Jeff Green | Published: 7/11/2016 Opponents are planning a campaign to roll back the new rights on same-sex marriage and military service won by gay Americans this year. That […]
National:
Gay Political Power Reaching Record as U.S. Attitudes Shift
Bloomberg.com – Jeff Green | Published: 7/11/2016
Opponents are planning a campaign to roll back the new rights on same-sex marriage and military service won by gay Americans this year. That offensive, in state Legislatures and Washington, D.C., has raised the stakes in the 2016 election for the lesbian, gay, bisexual, and transgender community, which is trying to leverage its unprecedented political power to elect lawmakers who would extend federal protections at work and home to gay citizens, just as the Civil Rights Act of 1964 protected race, religion, and gender. It is difficult to put a specific dollar amount on LGBT money in politics. But there is no question the spending is much more visible than it was two decades ago, said Democratic National Committee Treasurer Andrew Tobias.
How Private Equity Found Power and Profit in State Capitols
New York Times – Ben Protess, Jessica Silver-Greenberg, and Rachel Abrams | Published: 7/14/2016
Since the 2008 financial crisis, private equity firms have expanded their influence, assuming a pervasive, if clandestine, role in American life, an investigation found. Sophisticated political maneuvering – including winning government contracts, shaping public policy, and deploying former public officials to press their case – is central to this growth. Yet even as private equity wields influence in states and in Washington, D. C., it faces little public awareness of its activities. Private equity firms often do not directly engage with lawmakers and regulators – the companies they control do. And because private equity’s interests are so diverse, the industry interacts with governments not only through lobbying, but also as contractors and partners on public projects.
Federal:
Donald Trump and Hillary Clinton Struggle to Be Unifying Voice for Nation
New York Times – Patrick Healy | Published: 7/9/2016
Traumatic events have at times become opportunities for presidential candidates to step up and grow in the eyes of the American public, such as when Bill Clinton went to Los Angeles in 1992 in the aftermath of the riots there, or when Barack Obama pushed for aggressive, bipartisan action from the federal government to stem the banking crisis and protect taxpayers. No moment in the 2016 presidential campaign has cried out more for a unifying candidate than the police shootings of two black men and the ensuing national uproar, followed by the sniper ambush that killed five police officers in Dallas. And no other moment has revealed more starkly how hard it is for Donald Trump and Hillary Clinton to become that candidate. Never have two presidential nominees been as unpopular as Trump and Clinton, and they are not fully trusted by their own parties nor showing significant crossover appeal in the polls.
Koch-Backed ‘Dark Money’ Groups Fined for Failing to Disclose Donors
Center for Public Integrity – John Dunbar | Published: 7/13/2016
The FEC fined three nonprofit groups formerly connected with the political network of Charles and David Koch a total of $233,000, a rare intervention by the agency into the world of outside spending. Each of the groups ran political advertisements to support U.S. House candidates during the 2010 election. The FEC’s investigation provides a look into the interlocking networks of political nonprofits on the right, through which vast sums of money flow each election cycle with little disclosure. Such groups are not required to report their donors and typically trade large amounts of cash during each election cycle, making it difficult to judge which dollar from which donor is used for any particular activity.
US Rep. Corrine Brown Indicted After Fraud Investigation
ABC News – Jason Dearen and Curt Anderson (Associated Press) | Published: 7/8/2016
U.S. Rep. Corrine Brown of Florida and her chief of staff, Elias Simmons, were charged with 24 counts of fraud and other crimes that prosecutors said allowed them to use an education nonprofit as a “personal slush fund.” The indictment alleges Brown and Simmons used the One Door for Education-Amy Anderson Scholarship Fund to solicit $800,000 in charitable donations between 2012 and 2016. The money was used for Brown’s personal benefit, among other things, including “tens of thousands of dollars in cash deposits” sent to her personal bank accounts, according to prosecutors. Carla Wiley, former head of the Virginia-based One Door for Education, pleaded guilty to conspiracy to commit wire fraud earlier this year and was cooperating with investigators.
From the States and Municipalities:
Alabama – Mike Hubbard Sentenced to Four Years in Prison
Tuscaloosa News – Kim Chandler (Associated Press) | Published: 7/8/2016
Former Alabama House Speaker Mike Hubbard was sentenced to four years in prison for violating the state’s ethics law. He also faces $210,000 in fines. A jury convicted him of using his office to secure consulting contracts and investments from lobbyists or those who employ them. He was also found guilty of using staff members to do work for his private clients, voting for a budget that would have benefitted a client, and lobbying Gov. Robert Bentley on behalf of a client. At trial, Hubbard’s defense team argued that many of the charges he faced fell under an exemption in the law that allows public officials to exchange things of value with those they have long-standing friendships with.
California – Lyft Agrees to $6,000 FPPC Fine for Not Reporting Lobbying Costs
Sacramento Bee – Taryn Luna | Published: 7/11/2016
The ride-hailing firm Lyft agreed to pay $6,000 in fines for repeatedly being late in disclosing its use of lobbyists to influence California officials. An investigation by Fair Political Practices Commission staff alleged Lyft failed to file in a timely manner five lobbyist employer reports. During the 2013–2014 legislative session, Lyft spent more than $271,000 on lobbying related to four transportation-regulating bills. One report was filed 530 days late, although Lyft did not conduct any lobbying during the quarter. Other reports, during which there was activity, were filed from 11 to 165 days late. “According to Lyft, the late filing was an oversight caused by Lyft’s reliance on its lobbying firms to file its reports and its lack of experience as a lobbyist employer,” the staff report said.
Louisiana – Good Idea Gone Awry? How Term Limits Impact Sessions of Louisiana Legislature
New Orleans Advocate – Mark Ballard | Published: 7/9/2016
Term limits in Louisiana, which require state representatives and senators to step down after 12 years to make way for new lawmakers, were billed by supporters as a way to create a Legislature that would be more responsive to voters and allow for thinking “outside the box” to solve persistent governmental problems. But term limits also sapped legislators of historical knowledge, hardened political positions, and undermined the relationships that are essential ingredients to actually operating the machinery of government, some lawmakers, lobbyists, and political operatives say.
Missouri – Andy Blunt Came to Washington – Was It Lobbying?
St. Louis Post-Dispatch – Chuck Raasch | Published: 7/7/2016
When it was announced last year that Andy Blunt would manage the re-election campaign of his father, U.S. Sen. Roy Blunt, Missouri Democrats accused the younger Blunt of a conflict-of-interest. In December, Andy Blunt said that “I lobby in the state of Missouri, not the United States Congress, and there is a clear distinction.” But in April, Andy Blunt helped lead a delegation of Missouri cable television executives in meetings with members of the Missouri congressional delegation or their staffs. The younger Blount said he did not consider the meetings to be lobbying. Rather, he said, they were part of an annual “meet-and-greet” trip to Washington. The revelations rekindle questions about where Andy Blunt’s lobbying for clients ends and his advocacy for his father’s re-election campaign begins.
New York – Fight Over Emails Yields New Details on Role of Outside ‘Agents’ for de Blasio
New York Times – J. David Goodman | Published: 7/7/2016
After the rocky conclusion to his first year in office, New York City Mayor Bill de Blasio sought counsel at the start of 2015 from his most trusted advisers. The mayor’s office and a few outside consultants discussed internal opinion surveys and formulated strategy on some of de Blasio’s most pressing concerns. These internal discussions about public matters are now part of a court battle as lawyers for a nonprofit aligned with the mayor are fighting to keep those emails confidential, resisting subpoenas for that information by the Joint Commission on Public Ethics. The legal strategy appeared to clarify what had been one of the more puzzling moments of the de Blasio era: the description of five outside consultants as “agents of the city.”
Ohio – Dallas Shooting and Open-Carry Laws Loom Over Cleveland Convention Plans
New York Times – Yamiche Alcindor | Published: 7/11/2016
The recent violence in Dallas is intensifying worries in Cleveland about visitors and protesters taking firearms downtown during the Republican National Convention, where thousands of people plan to demonstrate. Ohio’s open-carry laws mean that those who legally own guns can take them into the two-square-mile area where many of the events and protests connected to the convention will be held. Cleveland’s police chief said that after the Dallas shootings, the city would be changing its security plans but did not go into detail. Meanwhile, some are planning to take their own security forces to Cleveland.
Pennsylvania – Consulting Business Owned by Mike Fleck Fined $11,850 by State
Allentown Morning Call – Emily Opilo | Published: 7/11/2016
Hamilton Development Partners, a former Allentown business at the center of an FBI investigation in the city, was cited by the Pennsylvania Ethics Commission. The firm failed to file a quarterly expense report with the Department of State for the third quarter of 2015 as required by the state lobbying law. It owes an $11,850 fine – $50 per day for each of the 237 days that the report has been considered late. The firm has been ordered to file an expense report in the next 30 days or face “appropriate enforcement action.” Failure to report under the law is considered a misdemeanor punishable with an up to five-year ban on lobbying in Pennsylvania.
Tennessee – Jeremy Durham Had Sexual ‘Interactions’ with 22 Women, Report Says
The Tennessean – Dave Bouchard and Joel Ebert | Published: 7/13/2016
State Rep. Jeremy Durham engaged in inappropriate conduct with women that constitutes disorderly behavior and warrants expulsion, said a report from the Tennessee attorney general, but a special legislative committee is leaving up to voters to decide whether the embattled lawmaker will continue serving in the Legislature. The investigation found Durham had sexually engaged with current and former female legislative staff, interns, lobbyists, and others between 2012, when he first took office, and the 2016 legislative session. The main findings of the attorney general’s report mirror the office released in April, when it found Durham had engaged in inappropriate physical contact and potentially posed a “continuing risk to unsuspecting women.” That determination led to Durham’s office being moved out of Legislative Plaza and his access to staff limited.
Washington – Supporters of Campaign Finance Measure Submit Signatures
Yakima Herald – Rachel LaCorte (Associated Press) | Published: 7/8/2016
More than 326,000 signatures have been turned in to the Washington secretary of state’s office in support of a proposed ballot measure that would make a series of campaign finance changes. Initiative 1464 seeks to do several things, including creating a voucher system that would give voters three $50 “democracy credits” that they can use in state races every two years. It would also impose tougher disclosure requirements on political advertisements and limit the amount of money that contractors and lobbyists can give to candidates. The ballot measure also would impose a three-year waiting period before former elected officials and senior staff can lobby their previous employers and colleagues. An initiative requires at least 246,372 valid signatures of registered state voters to be certified.
Wisconsin – Ex-AG Lautenschlager Named to Lead New Ethics Commission
Milwaukee Journal Sentinel – Patrick Marley | Published: 7/11/2016
Former Wisconsin Attorney General Peg Lautenschlager was selected as chairperson of the state’s new Ethics Commission, and the job of administrator was given to a former analyst of the nonpartisan board the panel was created to replace. Lautenschlager had to pay a fine to the previous ethics agency following her arrest for drunken driving in 2004. Brian Bell accepted the offer to be the administrator of the commission. He is a budget and policy analyst for the Wisconsin Department of Safety and Professional Services. He also previously worked for the Government Accountability Board as an ethics and accountability specialist.
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.
July 13, 2016 •
Wednesday Government Relations News
Lobbying “Lyft Agrees to $6,000 FPPC Fine for Not Reporting Lobbying Costs” by Taryn Luna for Sacramento Bee Campaign Finance Florida: “Raising Money for the Mayor, and Making Money from His Administration” by Douglas Hanks for Miami Herald New Jersey: […]
Lobbying
“Lyft Agrees to $6,000 FPPC Fine for Not Reporting Lobbying Costs” by Taryn Luna for Sacramento Bee
Campaign Finance
Florida: “Raising Money for the Mayor, and Making Money from His Administration” by Douglas Hanks for Miami Herald
New Jersey: “Jersey City Mayor, Councilman at Odds Over Planned Pay-to-Play Changes” by Terrence McDonald (Jersey Journal) for NJ.com
Washington: “Public Disclosure Commission Recommends Action Against Eyman” by Chris Winters for Everett Herald
Ethics
Pennsylvania: “A.G. Office: Philly lobbyist misused welfare grants to pay for line dancing lessons, other expenses” by Claudia Vargas and Jeremy Roebuck for Philadelphia Inquirer
Wisconsin: “Ex-AG Lautenschlager Named to Lead New Ethics Commission” by Patrick Marley for Milwaukee Journal Sentinel
Elections
“Gay Political Power Reaching Record as U.S. Attitudes Shift” by Jeff Green for Bloomberg.com
“Bernie Sanders Endorses Hillary Clinton” by MJ Lee, Dan Merica, and Jeff Zeleny for CNN
“Dallas Shooting and Open-Carry Laws Loom Over Cleveland Convention Plans” by Yamiche Alcindor for New York Times
Legislative Issues
Louisiana: “Good Idea Gone Awry? How Term Limits Impact Sessions of Louisiana Legislature” by Mark Ballard for New Orleans Advocate
July 8, 2016 •
News You Can Use Digest – July 8, 2016
Federal: Can Super PACs Be Put Back in the Box? Washington Post – Matea Gold | Published: 7/6/2016 A powerhouse legal team representing a bipartisan group of members of Congress and candidates is unleashing a new effort to overturn the case […]
Federal:
Can Super PACs Be Put Back in the Box?
Washington Post – Matea Gold | Published: 7/6/2016
A powerhouse legal team representing a bipartisan group of members of Congress and candidates is unleashing a new effort to overturn the case that gave rise to super PACs, part of a new strategy to rein in the big money that has poured into campaigns since 2010. They are targeting a case decided by U.S. Court of Appeals for the District of Columbia Circuit in 2010: SpeechNow.org v. FEC. That decision permitted a conservative group to raise money beyond the contribution limits placed on traditional PACs because it planned to spend its funds independently of a candidate or party. In doing so, the appellate court paved the way for new political vehicles, later dubbed super PACs for their ability to accept unlimited amounts from individuals and corporations.
F.B.I. Director James Comey Recommends No Charges for Hillary Clinton on Email
New York Times – Mark Landler and Eric Lichtblau | Published: 7/5/2016
FBI Director James Comey said his agency is recommending that no charges be brought against Hillary Clinton in connection with her email use while secretary of State. “No reasonable prosecutor” would bring such a case, Comey said. But although the FBI is not recommending charges, Comey did strongly criticize Clinton’s handling of classified information in her email, calling is “extremely careless.” The announcement comes three days after FBI agents and Justice Department officials interviewed Clinton. The FBI has been seeking to determine whether Clinton or any of her aides had mishandled classified information in connection with her email. The inspector general of the intelligence agencies had said the emails contained information that was classified at the time they were sent but were not marked classified, and the information should never have been sent on an unclassified system.
Koch Brothers’ Plight Likened to That of Civil Rights Workers in the 1950s
Center for Public Integrity – John Dunbar | Published: 7/5/2016
Charles and David Koch and civil rights pioneers have faced threats and harassment from those who disagree with their views, and each is entitled to privacy when it comes to disclosing certain kinds of information to the government, a federal judge ruled. But the decision has been controversial; comparing the travails of billionaires to the violent threats endured by civil rights workers in the 1950s is more than a stretch, say some of those familiar with the case – it is offensive. The case represents just the latest front in an ongoing battle being waged by a range of mostly conservative groups attempting to keep donors to political nonprofits hidden from view. Many of the legal battles revolve around interpretation of a crucial civil rights case from 1958: NAACP v. Alabama.
Lockheed’s Top Government Affairs Official Not Registered as Lobbyist
Politico – Austin Wright and Jeremy Herb | Published: 7/3/2016
The top government affairs official at Lockheed Martin, the world’s largest defense contractor, has not registered as a lobbyist. The company maintains that Robert Rangel, its senior vice president for government affairs since early last year, is not required to disclose his efforts to influence Congress and the executive branch. He does not meet all the legal requirements outlined in the law that governs lobbying disclosures, Lockheed says, including the percentage of his time he actually spends trying to influence government officials. His decision not to register, however, goes against both company precedent and the practices of other top defense firms.
Special Interests Look to Influence Political Conventions – Discreetly
Center for Public Integrity – Carrie Levine | Published: 7/7/2016
Corporations, unions, and other special interests will spend tens of millions of dollars to bankroll festivities at the Democratic and Republican national conventions. Some high-profile companies and individual donors are scaling back on giving to the host committees as they want to distance themselves from controversies surrounding Donald Trump. Meanwhile, many special interests will participate in convention-related activities, but they have become more creative in how they influence conventioneers, or are refusing to discuss their convention plans. “They want to show up, they want to rub elbows with everyone at the conventions, they just don’t want the corporate name out there,” said Craig Holman, a lobbyist for Public Citizen who has tracked influence efforts at the conventions.
The Lobbying Reform That Enriched Congress
Politico – Isaac Arnsdorf | Published: 7/3/2016
In the wake of the Jack Abramoff scandal, Democrats seized on the chaos to retake both chambers of Congress, promising voters they would change what they called a “culture of corruption.” Their attempt to make good on that promise, the Honest Leadership and Open Government Act of 2007, was embraced by both parties as a historic breakthrough. But critics say the result of the law is very nearly the opposite of what the American public was told it was getting at the time. Not only did the lobbying reform bill fail to slow the “revolving door,” it created an entire class of professional influencers who operate in the shadows.
From the States and Municipalities:
Connecticut – Anthem-Cigna Controversy Exposes Gaps in Ethics Rules
Connecticut Mirror – Mark Pazniokas | Published: 7/5/2016
Connecticut Insurance Commissioner Katharine Wade’s refusal to recuse herself from ruling on the Anthem-Cigna merger has provoked a reappraisal of state ethics regulators, who heavily rely on the self-reporting of public officials, and an ethics code that may be clearer to lawyers than lovers of English. Wade, a former Cigna vice president of government affairs, in February did not try to hide the fact that her staff was reviewing Anthem’s application to acquire Cigna for $54 billion. “On behalf of the Department, I signed a contract with an independent economist to assist Department staff in their review of the Anthem Form A application. Presently, there are no Cigna matters before me,” Wade wrote to the Office of State Ethics. Wade declined recently to say what basis she concluded there were no Cigna matters before her under the meaning the state ethics code, given that she already has asserted her intention to rule on the merger.
Massachusetts – Senate Slow to Embrace DeLeo Ethics Panel
Lowell Sun – Matt Murphy (State House News Service) | Published: 7/7/2016
Massachusetts House Speaker Robert DeLeo’s efforts to jumpstart a review of the state’s ethics, campaign finance, and lobbying laws has hit a roadblock in the Senate, where leaders so far have refused to go along out of concern the broad scope of the speaker’s proposed review would lead to a dead end. DeLeo had offered a resolve that would have created a joint task force of the House, Senate, and Gov. Charlie Baker’s administration to review the state’s complex ethics laws. The House referred the speaker’s proposal to a joint committee, but so far the Senate has refused to admit the bill, leaving open the possibility that the House could choose to work with the governor alone on the review.
Michigan – Unions Win Injunction Blocking Michigan Fundraising Law
Detroit News – Jonathan Oosting | Published: 7/1/2016
A U.S. District Court Judge granted a preliminary injunction against a law passed by the Michigan Legislature last year that would make it easier for corporations to deduct money from employees’ paychecks for their own PACs while forbidding them from making similar deductions on behalf of labor unions. It is the second preliminary injunction from a federal judge against a provision of the law, which also prohibited local government officials from distributing information about ballot proposals, a restriction dubbed a “gag order” by critics.
Minnesota – Lobbying in Minnesota: Spending has nearly doubled since 2002
St. Paul Pioneer Press – Rachel Stassen-Berger | Published: 7/4/2016
Special interest groups have spent $800 million lobbying government officials in Minnesota over the last 13 years. The St. Paul Pioneer Press review also found the amount of annual spending has doubled and the number of lobbying clients has tripled. Business interests have dominated the spending annually, making up about half of the lobbying expenditures every year since 2002. Utilities have spent the most, followed by the health industry. Spending or the lack thereof does not always translate to influence, however. Good lobbyists, say lobbyists and lawmakers alike, know that. “Lobbyists don’t write laws … lobbyists write ideas. Lobbyists write suggestions,” said Tom Lehman, who has been a lobbyist for 26 years.
New York – Agency Clears Mayor de Blasio and Nonprofit of Campaign Finance Violations
New York Times – Vivian Yee | Published: 7/6/2016
The New York City Campaign Finance Board determined a nonprofit closely linked to Mayor Bill de Blasio did not spend money to bolster the mayor’s re-election bid, but the board said the group’s spending raised serious policy issues. The board said Campaign for One New York’s 2014 spending was not campaign-related, primarily because it occurred so far from the mayor’s re-election race in 2017. Yet the board appeared to find much that was troublesome, if not illegal, in the behavior of the nonprofit, which has amassed millions of dollars in donations to push for City Hall initiatives. The board also clarified rules governing nonprofit advocacy groups that are affiliated with politicians.
New York – In Inquiry into Ex-Cuomo Aide, Disclosure Form Only Adds Mystery
New York Times – Vivian Yee | Published: 7/5/2016
Two companies listed in a financial disclosure form from 2014 belonging to Joseph Percoco, who for many years was New York Gov. Andrew Cuomo’s closest aide, seem to be at the heart of a sprawling federal investigation encircling Cuomo’s administration. One firm, Chris Pitts LLC, is named for a minor Democratic activist in rural Connecticut who, until recently, lived with his sister and got around town in an aging Chevrolet. The other, COR Development Company, is one of the most prominent real estate developers in central New York. In an investigation with few signposts for those outside the U.S. attorney’s office in Manhattan, Percoco’s disclosure is the nearest thing to a map key. Yet the connection between the Percoco and COR and Chris Pitts LLC. is not as straightforward as the black and white of an official form might imply.
New York – JCOPE Shut Down in Lobbying Reform
Queens Chronicle – Michelle Kraidman | Published: 6/30/2016
The Joint Commission on Public Ethics (JCOPE) in February approved an advisory opinion that required paid consultants, who “controlled the delivery” of a message to editorial boards encouraging them to support positions that were favorable to a client, to register as lobbyists. They also would have had to report their contacts with media outlets’ opinion writers. That led to great opposition as accredited media sources, and several public relations and consulting firms sued JCOPE, arguing the new regulations were unconstitutional. Now, a statement released by the governor’s office announced that the agreed-upon legislation for an ethics reform plan does not include what JCOPE had originally recommended. “[The agreement] explicitly excludes communications with journalists, including editorial boards, from the definition of lobbying and exclude these communications from lobbying regulation,” the statement said.
Rhode Island – Raimondo: Lobbying law makes rules ‘clear, simple, consistent and transparent’
Providence Journal – Jennifer Bogdan | Published: 7/6/2016
In a ceremonial signing of lobbying legislation, Rhode Island Gov. Gina Raimondo described the changes as making the rules “clear, simple, consistent, and transparent.” The legislation, which goes into effect on January 1, clarifies who is a lobbyist and what constitutes lobbying. The penalty for failure to register is a fine of up to $50,000 and revocation of lobbyist registration for up to three years. Lobbyists will also be required to file monthly public reports of their activities from January to June and quarterly reports from July to December. The reports must include all compensation received, all expenditures made, and “all money and anything of value provided or promised to any legislative or executive branch official” in excess of $250.
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.
July 7, 2016 •
Idaho Ballot Initiative Group Fails to Collect Enough Signatures
An attempt to place an initiative on the November ballot to overhaul state campaign finance and ethics regulations has failed. The Keep Idaho Elections Accountable campaign, chaired by Democrat Holli Woodings, failed to collect the 48,000 signatures needed, coming up […]
An attempt to place an initiative on the November ballot to overhaul state campaign finance and ethics regulations has failed.
The Keep Idaho Elections Accountable campaign, chaired by Democrat Holli Woodings, failed to collect the 48,000 signatures needed, coming up roughly 6,000 short. The initiative would have changed contribution limits, created stricter penalties for violations, and prohibited lobbyists from giving gifts valued at more than $50.
The group collected 79,000 signatures, but many were disqualified due to a lack of a current address.
July 7, 2016 •
Ask the Experts – 2016 Party Conventions
Q. In what ways are my company and I allowed to get involved in the 2016 national party conventions? A. The opportunities for individuals and companies to involve themselves in this year’s party conventions are legion, but caution must be […]
Q. In what ways are my company and I allowed to get involved in the 2016 national party conventions?
A. The opportunities for individuals and companies to involve themselves in this year’s party conventions are legion, but caution must be exercised to avoid running afoul of the many intersecting laws governing your interaction with the delegates and other officials in attendance as well as the committees putting on the conventions.
Convention delegates and those seeking selection as delegates are subject to the federal contribution rules, which means corporations, labor organizations, foreign nationals and businesses, and federal contractors are not permitted to make contributions. However, those permitted to contribute may do so without limits. Delegates who are public officials are subject to the gifts laws governing the office they hold. In other words, federal officials are subject to federal gift laws, state officials are subject to state gift laws, and local officials are subject to any state and local laws applicable to their office.
Individuals and organizations seeking to become involved with the conventions may contribute to the convention host committees. The host committees are nonprofit organizations set up to encourage commerce in and project a favorable image of the convention city. Organizations and individuals may donate money and make in-kind donations to the host committee to defray the costs of the convention, including costs related to promoting the city and welcoming attendees, providing information and samples to attendees, administrative expenses, providing the use of convention facilities, transportation, law enforcement, hotel rooms, accommodations and hospitality for party site selection groups, and for other convention-related facilities and services.
Convention committees are related to the national party organizations and therefore federal campaign finance laws apply. As a result, direct and in-kind contributions using funds from a corporation, labor organization, foreign nations and businesses, and federal contractors are prohibited. Goods and services may be provided to the national committee in the ordinary course of business. Obviously, it’s quite important to distinguish the host committees from the convention committees. Thankfully, both host committees, the Cleveland 2016 Host Committee and the Philadelphia 2016 Host Committee, use the word “host” in their official names.
The national party conventions represent high profile ways to gain exposure both personally and for your organization. This high profile is also why compliance with the rules governing your dealings with committees, delegates, and attendees is so important.
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(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.
July 5, 2016 •
Oregon Ethics Commission Seeks Tighter Lobbyist Registration Rules
The Oregon Government Ethics Commission has asked Gov. Kate Brown to introduce legislation in 2017 to strengthen lobbying registration requirements. The commission wants to crack down on the registration exception that allows persons spending less than 24 hours or $100 […]
The Oregon Government Ethics Commission has asked Gov. Kate Brown to introduce legislation in 2017 to strengthen lobbying registration requirements. The commission wants to crack down on the registration exception that allows persons spending less than 24 hours or $100 on lobbying per quarter to avoid registering as lobbyists.
Brown has until December 9, 2016 to review proposals from state agencies and file bills for the 2017 session.
June 30, 2016 •
Florida’s Broward Health System Implementing Lobbyist Registration Policy
Broward Health, the county’s hospital system, is currently creating an online lobbyist registration system to coincide with its recently discovered registration policy. The policy, created 12 years ago, was never implemented and came to light only after months of discussions […]
Broward Health, the county’s hospital system, is currently creating an online lobbyist registration system to coincide with its recently discovered registration policy.
The policy, created 12 years ago, was never implemented and came to light only after months of discussions by the board of commissioners on how to create such a policy.
The policy requires lobbyists to identify their clients, disclose the nature of their business activities, and report any business or financial relationships with Broward Health board members. The online system will be modeled after those of Broward County and Broward Public Schools.
June 29, 2016 •
D.C. Council Addresses Procurement Reforms
The D.C. Council has preliminarily approved a bill that will bring more transparency and accountability to the government procurement process. Among other structural and procedural reforms, the measure establishes the Office of the Ombudsman for Contracting and Procurement. The bill […]
The D.C. Council has preliminarily approved a bill that will bring more transparency and accountability to the government procurement process. Among other structural and procedural reforms, the measure establishes the Office of the Ombudsman for Contracting and Procurement.
The bill will need approval at a second reading before it is sent to the Mayor. A stricter reform measure that included a one year pay-to-play restriction failed to pass.
June 29, 2016 •
Wednesday Government Relations News
Campaign Finance “House Democrats Face Ethics Complaints for Fundraising Off Sit-In” by Paul Singer for USA Today “Soft Money Ban Should Be Scrapped, Skeptical Judges Urged” by Kenneth Doyle for Bloomberg BNA “Bernie Sanders Campaign Showed How to Turn Viral […]
Campaign Finance
“House Democrats Face Ethics Complaints for Fundraising Off Sit-In” by Paul Singer for USA Today
“Soft Money Ban Should Be Scrapped, Skeptical Judges Urged” by Kenneth Doyle for Bloomberg BNA
“Bernie Sanders Campaign Showed How to Turn Viral Moments into Money” by Nick Corasaniti for New York Times
Delaware: “Supreme Court Rejects Challenge to Delaware Election Law” by Jessica Masulli Reyes for Wilmington News Journal
Mississippi: “Hosemann to Start Searchable Campaign Finance System” by Geoff Pender for Jackson Clarion-Ledger
Ethics
Kentucky: “Bevin Asserts Control of All Ethics Board Appointments” by Jack Brammer for Lexington Herald-Leader
New Mexico: “Judge: Legislators must testify in Griego case” by Dan Boyd for Albuquerque Journal
North Carolina: “Sen. Fletcher Hartsell Indicted by a Wake County Grand Jury” by Anne Blythe and Lynn Bonner for Raleigh News & Observer
Wisconsin: “New Ethics Commission Names 3 Finalists for Administrator Position” by Matthew DeFour for Wisconsin State Journal
Elections
“As Activists Prepare to Protest the RNC, the FBI Comes Knocking” by Matt Pearce for Los Angeles Times
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.