National:

Groups Decrying ‘Dark Money’ Use Shadowy Money Themselves
Center for Public Integrity – Liz Essley Whyte | Published: 1/14/2016

A number of groups that advocate against anonymous donations in politics are themselves responsible for putting money into elections that cannot be traced, often hidden under layers of opaque networks. The organizations either gave to ballot measure campaigns, paid for messages about candidates, or gave to PACs. But many of the groups identified by the Center for Public Integrity said they already exceed what the law requires by disclosing at least some of their donors. Some relied on an argument that opponents of disclosure raise regularly: their donors could face hostility or mistreatment if the public knew the donors’ identities.

State Legislatures Tweak Lobbying Rules as Influence Industry Targets Their Capitols
Washington Post – Catherine Ho | Published: 1/7/2016

Legislatures around the country are enacting new rules to regulate lobbying. Many focus on disclosure as states seek to better define who lobbyists are and what they are allowed to do. The new rules are not expected to dramatically change the lobbying landscape in any of the states, but they do signify a movement by governments to tweak, improve, and clarify rules for lobbyists at a time that many hotly contested lobbying fights, such as those over gun laws, are progressing more quickly in state capitals than they are in Congress.

Federal:

Carson Campaign in Turmoil as Finance Chair Quits
Politico – Kyle Cheney | Published: 1/14/2016

Ben Carson’s presidential campaign was shaken by another high-profile resignation, with finance Chairperson Dean Parker leaving amid scrutiny over his grip on the campaign’s fundraising operation and the perception he has benefited improperly from campaign spending. From chartered flights to investments in ineffective paper mailers in early voting states, decisions made by staff have raised questions in recent months about whether the campaign is spending its money wisely. The resignation comes after it was reported that Parker was paying himself a salary of $20,000 per month, which is unusually high for such a position.

From the States and Municipalities:

Florida – Miami Beach Commissioners Unanimously Pass Stricter Campaign Finance Laws
Miami Herald – Joey Flechas | Published: 1/13/2016

Miami Beach commissioners approved more stringent campaign finance laws after last year’s controversy about the role of special-interest money in local politics. Commissioners and candidates will no longer be able to solicit PAC contributions from lobbyists and vendors who have city contracts. The law also prohibits indirect solicitations, such as a third party asking lobbyists and vendors on behalf of candidates and elected officials.

Florida – Perry Violated Ethics Laws in Lobbying Scott on Medicaid Dental Provider
PoliticoFlorida – Marc Caputo | Published: 1/14/2016

Though Florida law says “a person may not lobby an agency [of state government] until such person has registered as a lobbyist,” Rick Perry did not do that when he met with Gov. Rick Scott, a top staffer, and the head of the Agency for Health Care Administration. The meeting was left off of Scott’s official daily schedule, which was updated hours later after a reporter inquired about it. It took Perry a few more hours to register as a lobbyist for MCNA Dental as questions were raised about whether he was following the law. The meeting was set up by Southern Strategy Group, a lobbying firm that represents MCNA Dental, to discuss legislation that would eliminate dental services from the list of health care services that managed care plans are required to offer beneficiaries.

Maine – Maine Governor Blames Media for Racially Charged Language Dust-Up
CNN – Gregory Krieg | Published: 1/8/2016

Maine Gov. Paul LePage apologized for his remark about out-of-state drug dealers impregnating “young white” girls, calling it a slip of the tongue and saying he did not mean to inject race into discussion of Maine’s heroin epidemic. LePage blamed reporters for unfairly focusing on the slip-up in which he described the drug dealers as “guys with the name D-Money, Smoothie, Shifty” and added, “Half the time they impregnate a young white girl before they leave.”

Massachusetts – Dispute Over State Senator’s Dirty Laundry Raises Questions
Boston Globe – Andrea Estes | Published: 1/12/2016

The former owner of Woodlawn Cleaners said Massachusetts Sen. Brian Joyce received tens of thousands of dollars in free dry cleaning services over the course of a decade. Jerry Richman said he offered to clean Joyce’s clothes for free when Joyce was running for state Senate in 1997, but there was no formal or written agreement. Joyce’s attorneys say the free dry cleaning was in exchange for legal services provided by the Joyce over the years. Ethics experts said public officials in Massachusetts should not accept any services worth more than $50. Even if he traded legal services for the dry cleaning, he would have to keep records to show he did not receive a net benefit of $50 or more. Joyce has acknowledged there is no written record of the dry-cleaning-for-legal services arrangement and he cannot remember when it began.

Massachusetts – Walsh Reverses Course, to Back Lobbying Rules
Boston Globe – Andrew Ryan and Mark Arsenault | Published: 1/9/2016

Boston Mayor Martin Walsh said he will propose regulations for municipal lobbyists that could for the first time require public disclosure of their efforts to influence development, contracts, and permits. Walsh’s announcement comes after The Boston Globe reported how a childhood friend and former law partner of the city’s top lawyer leveraged his personal relationships for introductions and access to key administration officials. Walsh said the reform will be modeled on state lobbying laws, which require lobbyists to disclose their clients, the matters on which they are lobbying, and their compensation.

Missouri – House Approves Ethics Package Including Rowden Proposal Limiting Lobbying
Columbia Tribune – Rudi Keller | Published: 1/14/2016

The Missouri House passed four ethics bills despite objections that the bills were too weak and too narrowly drafted. The package limits officials’ ability to lobby after leaving office, ban work as a political consultant while in office, and require more frequent reporting of personal finance and out-of-state trips. Under one bill, lawmakers and statewide officials elected this year and appointed officials confirmed by the Senate would have to wait one year after leaving office before working as a lobbyist. Officials who leave office before the end of their term would have to wait until the end of the term before the one-year waiting period begins. Another bill would require a report within one month when an official accepts a trip paid by a third party.

Montana – New Campaign Finance Rules Take Effect in Montana
Billings Gazette; Associated Press –   | Published: 1/8/2016

New campaign finance rules took effect in Montana recently. The regulations for a law passed last year aim to make campaigns more transparent after the Citizens United decision that allowed corporations and unions to spend unlimited amounts of money in elections. That ruling has given rise to independent expenditures made by social welfare groups that do not report their donors or spending. Now, groups registered as social welfare or issue advocacy organizations will have to make those disclosures if they produce advertisements or other electioneering communications that mention an election or a candidate, or use a candidate’s image.

New York – New York’s Ethics Rule Could Infringe on Free Speech, Experts Say
Crain’s New York Business – Rosa Goldensohn | Published: 1/13/2016

The Joint Commission on Public Ethics updated an advisory opinion to say that communication between public relations consultants and the press on public policy should count as lobbying. If a consultant has input into the content of such a message and helps to deliver it, that consultant would apparently be a lobbyist under the new rules. The advisory opinion also includes provisions that would require consultants who connect clients with lawmakers to register as lobbyists.

Pennsylvania – City Campaign Finance Limits Increased
Philadelphia Inquirer – Claudia Vargas | Published: 1/11/2016

The Philadelphia Board of Ethics announced that campaign contribution limits have increased for the next four years. Candidates for city office may now accept up to $3,000 from an individual contributor per calendar year, up from the previous $2,900 limit. They may also accept up to $11,900 from groups or businesses, up from the prior $11,500 cap.

Pennsylvania – Struggling Philadelphia Inquirer Is Donated to Nonprofit in Groundbreaking Deal
Washington Post – Fred Barbash | Published: 1/12/2016

H.F. Lenfest, the owner of The Philadelphia Inquirer, The Philadelphia Daily News, and Philly.com, announced he had donated the publications to a newly formed nonprofit journalism institute. The publications will continue to run independently. The new ownership structure comes as daily newspapers contend with falling circulation and dwindling advertising dollars, and many have sought new business models and new revenue sources to combat the decline. “My goal is to ensure that the journalism traditionally provided by the printed newspapers is given a new life and prolonged, while new media formats for its distribution are being developed,” said Lenfest.

West Virginia – Proposed Changes to State Ethics Act Divide Lawmakers
Charleston Gazette – Phil Kabler | Published: 1/11/2016

West Virginia lawmakers on the joint House and Senate Judiciary Committee were divided on two ethics reform bills. That included proposed legislation that would ban registered lobbyists from contributing to campaigns for statewide elected officials or for legislators, with some lawmakers concerned about loopholes in the proposal. Several noted the bill would ban lobbyists and their spouses from making campaign contributions, but does not prohibit the lobbyists’ employers from contributing, or bar lobbyists from hosting fundraisers.

Wisconsin – Elections Board Says Parties Must Report Corporate Donations
Milwaukee Journal-Sentinel – Patrick Marley | Published: 1/12/2016

The Government Accountability Board (GAB) shifted from its stance that Wisconsin’s new campaign finance laws do not require political parties and legislative campaign committees to disclose contributions from corporations. The board unanimously adopted a motion requiring the parties and committees to report such contributions as well as how they spend the money. GAB Director Kevin Kennedy said board staff incorrectly told people the law did not mandate such disclosures. A section of the new law allows corporations to donate up to $12,000 to political parties and campaign committees controlled by legislative leaders. The parties and the committees are limited to spending that money on administrative expenses. They cannot spend the money on expressly advocating for a candidate or pass it on to a candidate.

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

Lobbying

California: “Bill That Aimed to Shed Light on Specialty Prescription Drug Pricing Is Shelved” by Melanie Mason for Los Angeles Times

Florida: “Stricter Lobbying, Employment, Ethics Rules Advance in Senate” by Steve Bousquet for Tampa Bay Times

Campaign Finance

“Upset GOP Donors: Have we wasted our money?” by Jonathan Swan for The Hill

Oregon: “Constitutional Amendment on Campaign Finance Reform Goes to Legislature” by Gordon Friedman for Salem Statesman-Journal

Ethics

“Obama’s Plea to ‘Fix Our Politics’ Leaves Both Sides Looking Inward” by Carl Hulse and Julia Hirschfeld Davis for New York Times

New Mexico: “Papen’s Former Aide Accused of Embezzlement” by Lauren Villagran for Albuquerque Journal

New York: “Assembly Democrats Reject Republican Rules Changes, Promise Own Proposals Soon” by David Howard King for Gotham Gazette

New York: “How Sheldon Silver Became a Convicted Felon Thanks to Shady Real Estate Relationships” by Jillian Jorgensen for Commercial Observer

Legislative Issues

Ohio: “Meet the People Who Actually Write Ohio’s Laws (And They’re Not Lawmakers)” by Jeremy Pelzer for Cleveland Plain Dealer

Four ethics bills have passed out of the House Government Oversight and Accountability Committee and now move to consideration by the entire House.

These bills include banning statewide elected officials or legislators from working as political consultants while in office, creating a “cooling off” period of at least a full legislative session before elected officials or officials in jobs subject to Senate confirmation may work as lobbyists, requiring public officials to file semiannual reports detailing their personal finances, and reporting any out-of-state travel for official business when paid for by a third party.

Rep. Gina Mitten questioned the effectiveness of the revolving door bill during the committee hearing, asking if the cooling off period was long enough. She advocated having the measure cover legislative staff, requiring elected officials who leave office early to be prohibited from acting as lobbyists until the end of the term, and making the measure become effective as quickly as possible.

Hearings for bills regulating how to handle surplus campaign funds once an official leaves office and the banning of gifts from lobbyists have been delayed due to issues with the drafting of the bills. The committee will take those bills up next week.

Photo of the Missouri Capitol courtesy of RebelAt on Wikimedia Commons.

The San Francisco Ethics Commission will meet January 13, 2016, to discuss the implementation of Proposition C, the November 2015 ballot measure imposing registration and reporting requirements on expenditure lobbyists. The measure takes effect February 1, 2016.

The Ethics Commission welcomes public input on the promulgation of regulations related to the registration threshold, how to account for staff time spent on expenditure lobbying, registration fee exemptions for nonprofit organizations, and other related topics. The meeting is at noon in City Hall.

Lobbying

California: “Police Union Consultant May Still Be Lobbying for POA” by Jonah Owen Lamb for San Francisco Examiner

West Virginia: “Proposed Changes to State Ethics Act Divide Lawmakers” by Phil Kabler for Charleston Gazette

Campaign Finance

“Undisclosed Dollars Dominate Campaign Spending” by Kenneth Vogel for Politico

New Mexico: “Winter Plans New Office Unit on Campaign Finance” by Dan Boyd for Albuquerque Journal

Wisconsin: “Elections Board Says Parties Must Report Corporate Donations” by Patrick Marley for Milwaukee Journal-Sentinel

Ethics

Florida: “Public Corruption Bill Hits Snag amid Senators’ Furor” by Ryan Ray for SaintPetersBlog.com

Massachusetts: “Dispute Over State Senator’s Dirty Laundry Raises Questions” by Andrea Estes for Boston Globe

New York: “Cuomo Won’t Face Federal Charges Over Moreland Ethics Panel” by Benjamin Weiser for New York Times

Pennsylvania: “Former Allentown Finance Director Gary Strathearn Pleads Guilty to Federal Charge of Mail and Wire Fraud” by Emily Opilo and Peter Hall for Allentown Morning Call

Pennsylvania: “Struggling Philadelphia Inquirer Is Donated to Nonprofit in Groundbreaking Deal” by Fred Barbash for Washington Post

Lobbying

“State Legislatures Tweak Lobbying Rules as Influence Industry Targets Their Capitols” by Catherine Ho for Washington Post

California: “A Lobbying Rule to Catch Up with the Times” by Laurel Rosenhall for CALmatters

Florida: “Hillsborough Commissioners Must Now Carry 2 Cell Phones” by Mike Salinero for Tampa Tribune

Massachusetts: “Walsh Reverses Course, to Back Lobbying Rules” by Andrew Ryan and Mark Arsenault for Boston Globe

New Mexico: “New Mexico Election Officials Unveil Lobbyist Training Guide” by Susan Montoya Bryan (Associated Press) for Fresno Bee

Ohio: “Ginther Proposes New Ethics Regulations” by Lucas Sullivan for Columbus Dispatch

Campaign Finance

“Federal Election Commission May Vacate Headquarters” by Dave Levinthal for Center for Public Integrity

“You Want to Give to Ted Cruz’s Super PAC? First Figure Out Which One.” by Matea Gold and Katie Zezima for Washington Post

Montana: “New Campaign Finance Rules Take Effect in Montana” by The Associated Press for Billings Gazette

Pennsylvania: “City Campaign Finance Limits Increased” by Claudia Vargas for Philadelphia Inquirer

Ethics

Florida: “Gainesville Mayor Files Ethics Complaint against Himself after Daytona Strip Club Trip” by GateHouse Media Services for Daytona Beach News-Journal

Maine: “Maine Governor Blames Media for Racially Charged Language Dust-Up” by Gregory Krieg for CNN

Minnesota: “Minnesota Lawmaker Tried to Personally Sway Judge to Rethink $240,000 Judgment against Firm” by Brian Bakst (Associated Press) for Minneapolis Star Tribune

Montana: “Montana Campaign Contribution Limits to Rise for Some Candidates” by Troy Carter for Bozeman Daily Chronicle

Ohio: “City Hall Hit with another Ethics Investigation” by Lucas Sullivan for Columbus Dispatch

South Dakota: “Voters to Decide on Campaign Finance Overhaul” by Dana Ferguson for Sioux Falls Argus Leader

Utah: “Ken Ivory Was Cleared in Fraud Probe Because Utah AG Found No Victims, Records Say” by Robert Gehrke for Salt Lake Tribune

Elections

“Political GIFs Are the New Sound Bites This Campaign Season” by Nick Bilton for New York Times

National:

National Liberal Groups to Push ‘Record’ Number of 2016 Ballot Measures
Center for Public Integrity – Liz Essley Whyte | Published: 1/6/2016

Liberal groups working at the national level are using state ballot initiatives as their weapon of choice in 2016, but given the costs, they are carefully planning exactly where to push these measures. That top-down approach seems ironic. The initiative process was put in place at the beginning of the 20th century as a way for local citizens to band together to pass laws. And voters may not be aware that national groups are helping fuel the ballot fights in their backyards. Still, national liberal leaders see state ballot measures as their best option for winning on some issues. National conservative groups, meanwhile, seem poised to play defense, setting up a battle of outsiders on state playing fields.

Federal:

For Hillary Clinton, Old News or New Troubles?
Washington Post – Karen Tumulty and Frances Stead Sellers | Published: 1/6/2016

Donald Trump’s focus on the scandal that almost derailed Bill Clinton’s presidency is something Hillary Clinton’s campaign long expected. What remains to be seen is whether a reminder of allegations of sexual impropriety against President Clinton, which were deemed to have varying levels of credibility when they were first aired, can gain new traction in a different context. The fresher case being made is that Hillary Clinton has been, at a minimum, hypocritical about her husband’s treatment of women, and possibly even complicit in discrediting his accusers. And it is being pressed at a time when there is a new sensitivity toward victims of unwanted sexual contact.

How Obama Failed to Shut Washington’s Revolving Door
Politico – Josh Gerstein | Published: 12/31/2015

Barack Obama’s vow to end the “revolving door” in Washington was central to the narrative animating his 2008 campaign: a promise of wholesale change to business as usual. But seven years into Obama’s presidency, the “revolving door” shuttling officials out of his administration is spinning at a rapid clip, and he has seen his campaign promise founder against the deeply ingrained culture of selling government expertise in the nation’s capital. “They were overpromising on something they could never deliver – it’s worse than doing nothing,” said Melanie Sloan, former executive director of Citizens for Responsibility and Ethics in Washington.

Marco Rubio’s Shiny Boots Stir Up the Presidential Race
New York Times – Vanessa Friedman | Published: 1/7/2016

Are they a surprisingly fashionable choice of footwear (One Direction’s Harry Styles is said to have a similar pair) or a less generously termed set of “men’s high-heeled booties?” The political and fashion world have been set atwitter since New York Times reporter Michael Barbaro spotted U.S. Sen. Marco Rubio “rocking some seriously fashionable black boots” in New Hampshire. The fashion choice had become a target of ribbing from his rivals for the Republican presidential nomination. “We’ve seen Rubio has those cute new boots and I don’t want to be outdone,” U.S. Sen. Rand Paul said, while surrounded by shelves of shoes in Whoopi Goldberg’s dressing room before an appearance on “The View.”

From the States and Municipalities:

Colorado – Colorado Ethics Commission Has No Investigators, Little Authority
Denver Post – Joey Bunch | Published: 1/4/2016

The Colorado Independent Ethics Commission is struggling to do its work for lack of authority, resources, and money, say critics who include former administrators. The commission has declined to hear about 87 percent of the complaints it has received since it was created in 2006. Unless a public official or government employee received a gift worth more than $53 or seeks a job as a lobbyist, there is little else the commission concerns itself with. Nonetheless, there is a proposed ballot question for next year to extend the commission’s narrow authority over public employees to the judicial system.

Florida – Painful Lessons for a Troubled Florida Legislature
Tampa Bay Times – Steve Bousquet | Published: 1/5/2016

In a year that was defined by dysfunction at the Florida Capitol, the House violated the state constitution by shutting its doors prematurely. Senators later admitted they defied the will of the people by drawing districts to save their own careers at the expense of fair districts that the constitution demands. Sharply divided over whether to expand health care, lawmakers nearly failed to execute their one prescribed duty, passing a budget. Three special sessions later, as unresolved legal skirmishes over redistricting still reverberated in the courts, lawmakers were vilified as arrogant and out of touch, and some said they deserved it. Lawmakers, lobbyists, and observers see systemic problems that are bad for democracy.

Kentucky – Prosecutor Urges Vigilance against Legislative Corruption
Fresno Bee – Bruce Schreiner (Associated Press) | Published: 1/6/2016

Preet Bharara, the U.S. attorney in Manhattan who recently secured the convictions of two top New York lawmakers, said the blame for corruption lies not only with bad actors but also with the “good people” who do not try to stop it. Bharara’s speech at the Kentucky General Assembly’s annual ethics training was his first before a full state Legislature. It came at the request of Kentucky officials. During an address that lasted about 45 minutes, Bharara drew occasional laughter, nodding approval, and gasps of disbelief, particularly when he quoted wiretapped phone conversations and other evidence from recent public corruption trials.

Maine – Clinton Donors Use Maine Democrats to Skirt Campaign Cash Limits
Ellsworth American – Naomi Schalit (Maine Center for Public Interest Reporting) | Published: 1/7/2016

Fourteen out-of-state donors gave $93,552 to the Maine Democratic Party since mid-September 2015. But all the contributions have not stayed in Maine, or any of the other state Democratic parties to which Hillary Victory Fund donations have been funneled. FEC reports show two transfers totaling $39,000 from the Hillary Victory Fund to the Maine Democratic Party each sat for less than 48 hours with the party before the exact same amounts were transferred to the Democratic National Committee (DNC). While individual contributions to the state and national parties are capped, transfers between state and national committees are unlimited. That means that, effectively, donors can skirt contribution limits to the DNC or state parties by giving through joint fundraising committees like the Hillary Victory Fund.

Michigan – Gov. Rick Snyder Signs Campaign Finance Bill Locals Say Amounts to a ‘Gag Order’
MLive.com – Emily Lawler | Published: 1/6/2016

Michigan Gov. Rick Snyder signed a bill that prohibits public money or resources from being used to disseminate information about local ballot measures through television and radio ads, mass mailings, or “robo-calls” in the 60 days before an election. Local officials said the law will keep voters in the dark about important issues because they no longer will receive unbiased educational materials in the two months prior to an election. Some Republicans who voted for the legislation said they did not realize its ramifications. Senate Bill 571 also bars companies from deducting union PAC contributions from employees’ paychecks while allowing deductions for corporate PACs, and requires political and independent committees to file annual reports, among other provisions.

Missouri – Bill Requires Reporting Sex between Lawmakers and Lobbyists on Ethics Forms
Columbia Tribune – Rudi Keller | Published: 1/6/2016

Lobbyists who have sex with a state lawmaker or their staff members would have to disclose it to the Missouri Ethics Commission under a new bill. House Bill 2059 defines sex between lobbyists and legislators as a gift. As such, sexual relations would have to be included on monthly lobbyist gift disclosure forms. The proposal excludes sex in marriage or a relationship that began before either party’s registration as a lobbyist, election to the Legislature, or employment on a legislative staff.

New Jersey – AG: Former Birdsall exec McFadden pleads guilty to misconduct
PolitickerNJ; Staff –   | Published: 1/6/2016

Scott McFadden, former chief administrative officer of Birdsall Services Group, pleaded guilty to corporate misconduct in the criminal “pay-to-play” case. Under terms of a plea bargain, the state will recommend a sentence of up to 364 days in jail. McFadden also will be required to forfeit $30,000 to the state. The amount represents political contributions he made on behalf of Birdsall that were later reimbursed to him by the firm. The company pleaded guilty in 2013 to money laundering and making false representations for government contracts and was fined $1 million. The company was essentially crippled when the state froze its assets in the wake of the indictment, forcing Birdsall to file for bankruptcy. The company and its executives were accused of masking corporate political contributions to campaigns and political organizations that otherwise would disqualify it from receiving public contracts.

New York – Albany’s Businessman-Legislators Scoff at a Call to Make Lawmaking Full-Time
New York Times – Vivian Yee | Published: 1/5/2016

The list of lawyers, insurers, and full-time politicians in the New York Legislature is long, and outside income, as the money earned from non-legislative work is known, is at the crux of the corruption scandal that toppled the former speaker of the Assembly in November. Reformers say to clean up Albany, outside income must be capped or done away with. Some have gone even further, suggesting the Legislature, a part-time institution that pays its members $79,500 a year, should become full time with a commensurate salary. But legislators see no conflict between their business activities and lawmaking, and their contempt for Albany makes a full-time Legislature seem nonsensical.

New York – Setting Precedent, Conflict of Interest Board Settle with Mark-Viverito
Capital New York – Gloria Pazmino | Published: 1/6/2016

New York City Council Speaker Melissa Mark-Viverito will pay a $7,000 fine for breaking laws on taking gifts from lobbyists under a settlement with the Conflicts of Interest Board. Mark-Viverito admitted she ran afoul of the rules by taking free help from Scott Levenson and his consulting firm the Advance Group when she was running for speaker two years ago. Levenson, a registered lobbyist, and two staffers spent months working on Mark-Viverito’s bid for the top job, attending “kitchen cabinet” meetings to prepare her for debates with other speaker candidates and networking events. They also redesigned a flyer for a reception hosted in her honor and spent $1,796.44 to have 3,000 copies of it printed. Mark-Viverito was never billed for the work. Rules bar public officials from taking gifts worth more than $50 from people who do business with the city. And lobbyists are barred from giving any gifts to politicians.

Oregon – Uber Fined $2,000 for Violating Portland Lobbying Rules
Portland Oregonian – Brad Schmidt | Published: 1/5/2016

Portland City Auditor Mary Hull Caballero fined the Uber ride-hailing service $2,000 for violating lobbying regulations by not disclosing its ties to political consultant Mark Wiener. The city auditor’s office had sent warning letters to Mayor Charlie Hales and city Commissioner Steve Novick for meeting with Wiener and Uber officials without disclosing the contact, as required by the law. The meeting took place at Wiener’s home as the city council was considering whether to allow such companies to operate in Portland. Hull Caballero issued the maximum fine because she found Uber showed a pattern of noncompliance, noncooperation, and incomplete disclosures.

Pennsylvania – Pennsylvania Legislature Aims at Lobbying Overhaul; Reaction Mixed
Pittsburgh Post-Gazette – Kate Giammarise and Chris Potter | Published: 1/4/2016

As proposed by five Senate Republicans in Pennsylvania, a “Lobbyist Reform Package” includes six measures, among them: stricter reporting of gifts to state officials, increasing fines on lobbyists who violate such requirements, and requiring state officials to disclose when a spouse or other family member is a lobbyist. Another proposal would prohibit lobbyists from being paid to work on political campaigns or having financial ties to a consultant who does. Even some lobbyists say an overhaul is needed. But several insiders say elements of the package appear to be targeted at one firm, Long Nyquist and Associates, and two of its clients: United Food and Commercial Workers Local 1776, which represents state store workers, and the Pennsylvania State Education Association.

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.

Columbus Mayor Andrew Ginther has proposed three new ordinances providing for an increase in lobbying oversight and gift disclosure, additional campaign finance disclosure, and the hiring of an inspector general. Columbus City Council is expected to hold a public hearing on the proposals in the coming weeks and to vote on them by late February.

With the lobbying proposal, Ginther wants the city to establish a new lobbyist registry to track the activity of lobbyist vendors seeking contracts with the city. Additionally, lobbyists would be required to disclose expenditures made on elected officials and department directors.

Photo of Mayor Ginther by David Paul on Wikimedia Commons.

Lobbying

New York: “Setting Precedent, Conflict of Interest Board Settle with Mark-Viverito” by Gloria Pazmino for Capital New York

Campaign Finance

“Court Declines Role in Campaign Finance Case” by Cameron Langford for Courthouse News Service

“How Secretary of State Hillary Clinton Cared for Democratic Donors” by Isaac Arnsdorf for Politico

New Jersey: “AG: Former Birdsall exec McFadden pleads guilty to misconduct” by Staff for PolitickerNJ

Pennsylvania: “Allentown Controller Mary Ellen Koval Resigns amid FBI Probe” by Emily Opilo for Allentown Morning Call

Ethics

Arizona: “High Court Closes Case against Ex-Utility Regulator” by Bob Christie (Associated Press) for Arizona Daily Sun

California: “Ethics Commission Defying Mayor Ed Lee on Requested Budget Cuts” by Joshua Sabatini for San Francisco Examiner

Elections

“National Liberal Groups to Push ‘Record’ Number of 2016 Ballot Measures” by Liz Essley Whyte for Center for Public Integrity

“Racial Identity, and Its Hostilities, Return to American Politics” by Eduardo Porter for New York Times

Lobbying

“State Focus and Infusion of Funding Buoy Gun Control Advocates” by Eric Lichtblau for New York Times

Michigan: “Top Snyder Aide to Register as Lobbyist” by Paul Egan for Detroit Free Press

Oregon: “Uber Fined $2,000 for Violating Portland Lobbying Rules” by Brad Schmidt for Portland Oregonian

Campaign Finance

California: “California Supreme Court Allows Campaign Finance Measure on Ballot” by Alexei Koseff for Sacramento Bee

New Mexico: “New Test for Campaign Financing” by T.S. Last for Albuquerque Journal

Elections

“How the Koch Network Rivals the GOP” by Kenneth Vogel for Politico

“The Political Consultant Racket” by Adam Sheingate for New York Times

Legislative Issues

Florida: “Painful Lessons for a Troubled Florida Legislature” by Steve Bousquet for Tampa Bay Times

New York: “Albany’s Businessman-Legislators Scoff at a Call to Make Lawmaking Full-Time” by Vivian Yee for New York Times

Lobbying

“How Obama Failed to Shut Washington’s Revolving Door” by Josh Gerstein for Politico

Pennsylvania: “Pennsylvania Legislature Aims at Lobbying Overhaul; Reaction Mixed” by Kate Giammarise and Chris Potter for Pittsburgh Post-Gazette

Campaign Finance

Arizona: “APS Refuses Request to Disclose Political Contributions” by Ryan Randazzo for Arizona Republic

California: “Super Bowl Committee Raising Millions, with Little Transparency” by Joe Garofoli for San Francisco Chronicle

Illinois: “Madigan Uses Quirk in Law to Stockpile 2016 Campaign Cash against Rauner” by Rick Pearson for Chicago Tribune

Ethics

California: “Farmers Try Political Force to Twist Open California’s Taps” by Michael Wines and Jennifer Medina for New York Times

Colorado: “Colorado Ethics Commission Has No Investigators, Little Authority” by Joey Bunch for Denver Post

Missouri: “Missouri Lawmakers Vow Once Again to Tackle Ethics Reform” by Jason Hancock for Kansas City Star

New York: “JCOPE Finds Gabryszak Violated State Law, Faces Fines” by Jimmy Vielkind for Capital New York

Redistricting

Florida: “Judge Sides with Voters Groups in Senate Redistricting Case” by Gray Rohrer for Orlando Sentinel

Campaign Finance

“Now it’s Even Easier for Candidates and Their Aides to Help Super PACs” by Matea Gold for Washington Post

“The 10 Best 2015 Investigative Reports on Political Money” by Robert Faturechi for ProPublica

“Campaign Cash in State Judicial Elections Grows” by Christina Cassidy (Associated Press) for Philadelphia Inquirer

New Mexico: “Campaign Finance Scandal Leads to Calls for Closing Loopholes in New Mexico’s System” by Susan Montoya Bryan (Associated Press) for Minneapolis Star Tribune

New York: “Legislature Passes Law Requiring Donation Disclosures from Contractors” by Joe Nikic for The Island Now

Wisconsin: “DAs Tap In for Wisconsin Campaign-Finance Probe” by Molly Willms for Courthouse News Service

Ethics

Alabama: “Ethics Commission Vice Chair Resigns after Late Filing of Disclosure Statement” by Mike Cason for AL.com

Arizona: “Regulators Hire Lawyer to Serve as ‘Ethics Officer’” by Ryan Randazzo for Arizona Republic

Colorado: “CU Nutrition Expert Accepts $550,000 from Coca-Cola for Obesity Campaign” by David Olinger for Denver Post

Missouri: “Missouri State Lawmakers to Take another Swing at Ethics Reform” by Alex Stuckey for St. Louis Post-Dispatch

New Mexico: “Police Sgt. Says Governor Was ‘Inebriated’” by Edmundo Carrillo for Albuquerque Journal

New York: “Preet Bharara: The man behind NY corruption busting” by Joseph Spector for Rochester Democrat and Chronicle

New York: “Dean Skelos Files Pension Papers” by Jimmy Vielkind for Capital New York

Pennsylvania: “Colwyn, Pennsylvania: The town that can’t seem to govern itself” by Daniel Vock for Governing

South Carolina: “Clock Ticking for Ethics Reform in South Carolina” by Maya Prabhu for Charleston Post and Courier

Tennessee: “TN House Ethics Committee Hasn’t Met in at Least 5 Years” by Dave Boucher for The Tennessean

Elections

“An Effort to Give Women a Voice in the Republican Party” by Carl Hulse for New York Times

“Kids and Candidates a Potent Combination” by Ben Schreckinger for Politico

“Carson’s Many Faces: Doctor, author, speaker – and candidate” by Eileen Sullivan (Associated Press) for Philadelphia Inquirer

Legislative Issues

North Carolina: “Questions Raised about Rules Chairman David Lewis’ Actions Related to Printing Contract” by Patrick Gannon for Charlotte Observer

Lobby Comply is taking a holiday break. We’ll be back on Monday, January 4.

Enjoy your holidays!

National:

‘Dark Money’ Biggest Campaign Finance Challenge Facing States
Denver Post – Geoff Mullvihill (Associated Press) | Published: 12/21/2015

With the presidency at stake in 2016 – as well as a dozen gubernatorial races, 34 U.S. Senate contests, all seats in the U.S. House, and scores of mayoral races, state legislative seats, and ballot initiatives – dark-money spending is expected to grow, and handling it has become the biggest campaign finance challenge for states nationwide. Some Legislatures are trying to collect and publish the sources of these donations, but most states allow independent groups to spend unlimited cash on political ads with little transparency. At least one state, Wisconsin, is moving away from disclosure: Gov. Scott Walker signed laws that blur the lines between the activity of candidate campaigns and groups that in almost all other states are supposed to act independently.

Sanders Data Controversy Spotlights Powerful Gatekeeper
Politico – Nancy Scola | Published: 12/20/2015

While Bernie Sanders may have calmed a controversy by apologizing to Hillary Clinton for his campaign’s viewing and downloading of her voter data information, the extent of the damage done to both campaigns is not yet clear. If nothing else, it has reminded Democrats of the risks of leaning so heavily on one private company to provide its technology infrastructure. At the heart of the matter is a firm that functions as the digital plumbing of the Democratic Party: NGP VAN. Democrats are nearly wholly dependent on it, which is why the breach and the Sanders campaign’s subsequent cutoff from the system is so rattling the party.

Trump Played a Clever Trick When He Called Clinton’s Bathroom Visit ‘Disgusting’
Washington Post – Zachary Goldfarb | Published: 12/22/2015

Donald Trump made another polarizing comment when he said it was “too disgusting” to talk about Hillary Clinton’s use of the bathroom during the last Democratic debate and she had got “schlonged” by Barack Obama when she lost to him in the 2008 Democratic primary. Trump was surely talking off-the-cuff in his usual style, and the comments were criticized as offensive and sexist, but it was another example of his mastery in exploiting the psychological biases of conservatives who see much to dislike in today’s society and express support for Trump in the polls. In fact, academic research has shown conservatives have a particular revulsion to “disgusting” images. The research – still debated – suggests psychological and even biological traits divide people politically. These are attributes that may help explain why Trump has been so popular among a segment of the electorate, confounding political and media elites.

Federal:

As TV Ad Rates Soar, ‘Super PACs’ Pivot to Core Campaign Work
New York Times – Nick Corasaniti and Matt Flegenheimer | Published: 12/22/2015

Soaring advertising costs in early primary states are compelling major super PACs to realign their tactics, de-emphasizing the costly broadcast television buys that had been their main role in past presidential campaigns in favor of the kind of nuts-and-bolts work that candidates used to handle themselves. They are overseeing extensive field operations, data-collection programs, digital advertising, email lists, opposition research, and voter registration efforts. No one yet knows whether field and data efforts spearheaded by outside groups will be as effective as they are in the hands of a candidate.

Hospitality and Gambling Interests Delay Closing of Billion-Dollar Tax Loophole
New York Times – Eric Lipton and Liz Moyer | Published: 12/20/2015

As congressional leaders were hastily braiding together a tax and spending bill of more than 2,000 pages, lobbyists swooped in to add 54 words that temporarily preserved a loophole sought by the hotel, restaurant, and gambling industries, along with billionaire Wall Street investors, that allowed them to put real estate in trusts and avoid taxes. They won support from Senate Minority leader Harry Reid, who responded to appeals from executives of casino companies, politically powerful players and huge employers in his home state. And the lobbyists even helped draft the crucial language. The small changes, and the enormous windfall they generated, show the power of connected corporate lobbyists to alter a huge bill that is being put together with little time for lawmakers to consider. Throughout the legislation, there were thousands of other add-ons.

How America’s Dying White Supremacist Movement Is Seizing on Donald Trump’s Appeal
Washington Post – Peter Holley and Sarah Larimer | Published: 12/21/2015

For large numbers of Americans, Donald Trump’s blunt rhetoric surrounding immigration, minority groups, and crime may sound like finely tuned retrograde vitriol. But for a growing number of white nationalists flocking to the campaign’s circus-like tent, the billionaire sounds familiar, like a man fluent in the native tongue of disaffected whites. It is a language they never thought they would hear a mainstream politician in either party use in public. And they are desperately hoping Trump’s rise from reality-show figure to Republican front-runner may be the beginning of something that transcends the campaign trail.

New FEC Chairman Aims to Calm Agency at War with Itself
Center for Public Integrity – Dave Levinthal | Published: 12/21/2015

Matthew Petersen was appointed FEC chairperson for 2016. The Republican Petersen says his tenure at the agency’s helm will prove decidedly different than that of Democrat Ann Ravel, the current chair who has used her office’s meager power – a bully pulpit, mainly – to its maximum. Personal and ideological rifts have meant commissioners have largely been unwilling to tackle the nation’s thorniest election law issues this year, such as the degree to which super PACs may work with the political candidates they support. Even if the FEC in 2016 is kinder and gentler, reform activists worry it will be no more functional, and possibly less.

From the States and Municipalities:

California – Critics Decry Contributions to Councilman Englander from Taser Execs Seeking LAPD Camera Contract
Los Angeles Times – David Zahniser | Published: 12/21/2015

As voters went to the polls in 2011 to crack down on what some referred to as “pay-to-play” practices at Los Angeles City Hall, passing a measure to limit the political influence of companies that seek government business. Measure H prohibits firms seeking lucrative city contracts from making campaign contributions to the politicians who have final say over those agreements. But that law may prove to be toothless in the case of Taser International, the company currently up for a $31.2-million contract to provide thousands of body cameras to the Los Angeles Police Department. Last year, a dozen donors affiliated with Taser, half of them company executives, put $8,400 into the re-election bid of Councilperson Mitch Englander, who heads the council’s Public Safety Committee, which recently reviewed the effort to buy 6,140 cameras and 4,400 Tasers. Englander says the campaign money is not covered by the ballot measure’s restrictions.

Missouri – Andrew Blunt’s Lobbying Work Faces Scrutiny as He Manages Father’s Re-Election Bid
Springfield News-Leader – Deirdre Shesgreen (USA Today) | Published: 12/18/2015

In the past nine months, lobbyist Andy Blunt has added seven new clients to his already packed roster, including the University of Missouri, which is paying him $10,000 a month, and the Missouri Cable Telecommunications Association, which hired him to serve as its executive director. In all, Blunt now has 36 clients, according to a review of Missouri Ethics Commission filings. Blunt’s allies say his long client list is a product of his hard work and political savvy. The 39-year-old Springfield native says he never lobbies his father, U.S. Sen. Roy Blunt, or any other federal official – establishing a “bright line” between his clients’ priorities in Jefferson City and his father’s political pull in Washington. But critics say Andy Blunt has used his last name and family connections to build a lobbying empire. And they argue his dual roles as a Missouri lobbyist and the senator’s campaign manager are rife with possible conflicts-of-interest.

Missouri – Missouri Legislative Staffers Earn Big Money as Political Consultants
Kansas City Star – Jason Hancock | Published: 12/20/2015

Statehouse staff members doing campaign work has long been a way of life at the Missouri Capitol. It is legal, as long as political work is not done on taxpayer time. Many see no harm in the practice, since it typically involves low-level legislative aides. Senior staff, who earn much bigger checks from campaigns, say they go to great strides to keep the two worlds separate. To critics, the scenario represents a potential conflict-of-interest, with the integrity of the legislative process compromised when staff members who earn taxpayer-funded salaries are also getting paid by outside interests with a stake in policy outcomes. Since most staff are not mandated to file the same sort of financial disclosures required of lawmakers, the flow of money can be difficult to track.

New Mexico – Can New Mexico Break Its Cycle of Corruption?
Governing – Alan Greenblatt | Published: 12/21/2015

The recent resignation, conviction, and incarceration of former Secretary of State Dianna Duran for embezzlement and money laundering has already prompted calls for major changes to New Mexico’s ethics and campaign finance laws. But watchdogs are skeptical that change will come. That is because for one, the Legislature is scheduled to meet for only 30 days in 2016. And although House Democrats introduced an ethics package, it is not certain how much momentum it will get, partially because many advocates worry the public has already grown too skeptical to think it is worthwhile to demand systemic change.

New Mexico – SOS Updates Guidelines for New Mexico Lobbyists
New Mexico In Depth – Sandra Fish | Published: 12/22/2015

The New Mexico secretary of state’s office published an updated set of guidelines for lobbyists. New Mexico in Depth reviewed lobbyists’ campaign contributions between 2013 and 2015. It noted it often was unclear if the lobbyist or an employer made donations reported by lobbyists. KOB-TV ran a series of stories about inconsistencies in campaign accounts, most of which occurred because of lax lobbyist reporting. The online reporting system is being updated to allow lobbyists to include the employer who makes a contribution. Lobbyists are asked to avoid reporting campaign donations cumulatively, instead listing individual contributions so they can be more easily compared to candidate reports. The rules also clarify that cumulative reporting of spending on lawmakers for meals and drinks of less than $75 per person should be more detailed than a single entry of all expenses for “various legislators.”

New York – Albany Trials Exposed the Power of a Real Estate Firm
New York Times – William Rashbaum | Published: 12/18/2015

One man who was a key player in the corruption cases against former New York lawmakers Dean Skelos and Sheldon Silver never appeared in the courtroom: Leonard Litwin, the 101-year-old owner of Glenwood Management, an influential developer that is among the state’s most prodigious political donors. The two trials revealed how entwined the interests of Glenwood and other developers are with the business of the state. Testimony, documents, emails, and other evidence provided the most detailed look to date at the ways in which Glenwood and others worked the levers of power to marshal tens of millions of dollars in campaign contributions through a maze of limited liability companies, trade associations, and political groups.

Pennsylvania – Scandal’s Web Trips Pennsylvania Attorney General Kathleen Kane
New York Times – Michael Wines | Published: 12/18/2015

By themselves, the emails were arresting enough: videos, photographs, cartoons, and jokes, some depicting sex acts; others mocking or demeaning blacks, gays, Muslims, and even the poor and uneducated. But just as disturbing is where they were found: on Pennsylvania government computers, in email accounts whose owners included some of the state’s most powerful figures. Since Kathleen Kane, Pennsylvania’s attorney general, released the first of the messages last year, a cabinet officer and a state Supreme Court justice have resigned, another justice is clinging to his job, and scores more have been censured or fired. It is the sort of scandal that an ambitious politician could easily ride to public acclaim and higher office. But for Kane, the email scandal has become a last-ditch weapon in a struggle to keep her job, and perhaps her freedom.

Texas – Austin Officials to Create New Lobbying Registration, Reporting Rules
Austin American-Statesman – Lilly Rockwell | Published: 12/17/2015

After easing concerns from the city’s development-oriented industries, the Austin City Council approved a proposal to strengthen lobbying registration requirements. The proposal would require more people engaged in advocacy at City Hall to register, and it bolsters the city’s ability to enforce its lobbying laws. The council’s vote directed the city manager to craft this ordinance, which will return to the council for final approval next year.

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