Salem attorney Steve Elzinga has proposed changes to the state administrative rules to prevent manipulation of a mechanism allowing citizens to stop new laws passed by legislators.

Our Oregon, a union backed political group, is alarmed about the proposed changes to the state’s election rules.

The group says the rules give special interests excessive influence.

The opposing sides argue they are defending the ability of voters to directly access the state’s political system.

The Office of the Secretary of State held a hearing on the rule changes earlier this week. Secretary of State Bev Clarno could decide on the rule changes as soon as next month.

In Oregon, if citizens want to challenge a new law passed by the Legislature they can put it to a statewide vote by using the state’s referendum process.

Citizens have 90 days after the Legislature adjourns to petition for a referendum, unless a new law is written to take effect right away.

The number of signatures required to trigger a referendum is based on turnout in previous elections

The number of signatures required is currently 74,680.

However, signatures can’t be gathered until the governor signs the legislation into law.

The proposed change would permit collecting signatures for a referendum as soon as the targeted legislation passes both the House and the Senate.

Governors have 30 business days after the Legislature adjourns to sign a bill into law.

The change would prevent governors delaying the signing of a bill to chew up some of the 90 days set aside for petition work.

Three lobbying bills have been introduced in New Mexico.

House Bill 131 would require a post-session lobbying report due after the Legislature adjourns.

House Bill 140 would require periodic reports with estimated upcoming lobbying expenses for the year as well as actual previous expenses incurred.

Senate Bill 191 amends the current expenditure reporting threshold to include individual expenditures of less than $100 by lobbyists or the employer.

Federal:

Feds’ GoFundMe Campaigns Open a ‘Minefield’ of Ethical Questions During Shutdown
Federal News Network – Nicole Ogrysko | Published: 1/8/2019

The Office of Government Ethics said employees on unpaid furlough due to the government shutdown remain covered by federal ethics policies. Many of those on furlough are exploring taking outside jobs or applying for unemployment benefits. Some are soliciting donations on “GoFundMe” pages to ease the financial uncertainty of likely missed paychecks. But existing rules open a “minefield” of questions about how the employees can ask for contributions during shutdown furloughs, if at all, said Virginia Canter, an attorney for Citizens for Responsibility and Ethics in Washington. Typically, federal employees cannot accept gifts from “prohibited sources,” or organizations that do business with the employee’s agency. With that in mind, federal employees soliciting shutdown donations would need to ensure the source of every contribution.

How a Little-Known Democratic Firm Cashed in On the Wave of Midterm Money
Washington Post – Michelle Ye Hee Lee and Anu Narayanswamy | Published: 1/8/2019

Mothership Strategies, a little-known and relatively new digital consulting firm, collected tens of millions of dollars from a tide of small donations that flowed to Democrats during the 2018 midterm elections. The firm’s rapid ascendancy as one of the highest-paid vendors of the election since its launch speaks to how lucrative the explosion of small-dollar contributions has been for a group of political consultants who saw the wave of cash coming and built a business model to capitalize. But Mothership Strategies’ rise also has sparked consternation in Democratic circles because of its aggressive and sometimes misleading tactics. Some call its approach unethical, saying the company profits off stoking fear of Donald Trump and making the sort of exaggerated claims they associate with the president.

Manafort Intended for Polling Data to Go to 2 Ukrainian Oligarchs, a Source Says
Pittsburgh Post-Gazette – Katelyn Polantz and Evan Perez (CNN) | Published: 1/9/2019

Serhiy Lyovochkin and Rinat Akhmetov, two Ukrainian oligarchs who had paid Paul Manafort for years for his political work in their country, were the intended recipients of American polling data that Manafort shared with Konstantin Kilimnik during the 2016 presidential campaign, a person familiar with the matter said. Special counsel Robert Mueller’s team has been circling Lyovochkin and Akhmetov’s dealings with Manafort, as they were both generous backers of Manafort’s Ukrainian lobbying work. Manafort spokesperson Jason Maloni confirmed Manafort expected to receive the $2.4 million in income from his Ukrainian political backers, including Lyovochkin and Akhmetov. But the money was meant to reimburse old debts that predated the Trump campaign, spokesman Maloni added, and it was not a quid pro quo for the polling data.

Supreme Court to Hear Cases on Partisan Gerrymandering in Maryland, N. Carolina
Salt Lake Tribune – Robert Barnes (Washington Post) | Published: 1/4/2019

The U.S. Supreme Court once again will take up unresolved constitutional questions about partisan gerrymandering, agreeing to consider rulings from two lower courts that found congressional maps in North Carolina and Maryland so extreme they violated the rights of voters. The North Carolina map was drawn by Republicans, the Maryland districts by the state’s dominant Democrats. The Supreme Court has never found a state’s redistricting map so infected with politics that it violates the Constitution. It passed up the chance last term to settle the issue of whether courts have a role in policing partisan gerrymandering, sending back on technical rulings challenges to a Republican-drawn plan in Wisconsin, and the challenged Maryland map. But there will be a new set of justices considering the issue.

From the States and Municipalities:

Alabama: Secret Campaign to Use Russian-Inspired Tactics in 2017 Ala. Election Stirs Anxiety for Democrats
Denver Post – Craig Timberg, Tony Romm, Aaron Davis, and Elizabeth Dwoskin (Washington Post) | Published: 1/6/2019

A secret effort to influence the 2017 U.S. Senate election in Alabama used tactics inspired by Russian disinformation teams, including the creation of fake accounts to deliver misleading messages on Facebook to help elect Democrat Doug Jones in the deeply red state. But unlike the 2016 presidential campaign when Russians worked to help elect Donald Trump, the people behind the Alabama effort, dubbed Project Birmingham, were Americans. Now Democratic operatives and a research firm known to have had roles in Project Birmingham are distancing themselves from its most controversial tactics. Jones’s upset victory over Roy Moore in all likelihood resulted from other factors, political analysts say. But news of the effort has underscored the warnings of disinformation experts who have said threats to transparent political discourse in the age of social media are as likely to be domestic as foreign.

California: As Fires Ravaged California, Utilities Lobbied Lawmakers for Protection
MSN – Ivan Penn (New York Times) | Published: 1/5/2019

As more wildfires are traced to equipment owned by California’s investor-owned utilities, the largest, Pacific Gas and Electric, could ultimately have to pay homeowners and others an estimated $30 billion for causing fires over the last two years. Realizing their potential fire liability is large enough to bankrupt them, the utility companies are spending tens of millions of dollars on lobbying and campaign contributions. Their goal is a law that would allow them to pass on the cost of wildfires to their customers in the form of higher electricity rates. After an earlier lobbying push, legislators have already voted to protect the companies from having to bear the cost of fires in 2017, and utilities are seeking the same for 2018.

California: Irvine City Council Strengthens Lobbyist Policy
Voice of OC – Spencer Custodio | Published: 1/10/2019

The Irvine City Council strengthened its conflict-of-interest policy by adding a provision to its contracts which says if a council member or employee lobbied on behalf of a city contractor, the contract can be voided with cause and the city will get reimbursed. While there was a similar contract provision preventing employment of a city official by a city contractor, it did not address lobbying services – paid or unpaid.

Connecticut: Under the Influence: Marijuana industry seeks ruling on legality of political contributions in Connecticut
Hartford Courant – Neil Vigdor | Published: 1/8/2019

The pioneers of Connecticut’s growing medical marijuana industry say they should be allowed to donate to lawmakers who could make the state the next lucrative frontier for recreational cannabis. State election regulators came to the opposite conclusion on an informal basis early last year, finding medical marijuana growers and dispensaries are subject to the same ban on campaign contributions by state contractors under state law. But those business owners are disputing that “licensing arrangements” between the state and 18 dispensaries are contracts. They petitioned the State Elections Enforcement Commission for a formal ruling on their status.

Georgia: State Ethics Director Put on Paid Leave Over Porn, Misconduct Allegations
WSB – Richard Belcher | Published: 1/8/2019

The Georgia Government Transparency and Campaign Finance Commission voted to put Executive Director Stefan Ritter on paid leave and conduct an investigation after allegations he had pornography on his work computer. There also were complaints about his job performance, including irregular work hours. Ritter, who worked for over a decade as an assistant attorney general before taking over the commission, has been credited with cleaning up the troubled agency, reducing backlogs, and helping get raises for staff.

Maryland: Federal Judge Stops Enforcement of Maryland Election Law
Courthouse News Service – Edward Ericson Jr. | Published: 1/4/2019

A federal judge enjoined Maryland from enforcing a law aimed at preventing foreign interference in state elections while a challenge by a group of newspapers plays out in court. The Online Electioneering Transparency and Accountability Act requires platforms with more than 100,000 monthly visitors to publish the names and contact information for any purchaser of a “qualifying paid digital communication,” along with the price paid, among other provisions. Some of the information the law demands is proprietary, such as how many people the ads reached. Much of the rest, U.S. District Court Judge Paul Grimm found, is duplicative.

Michigan: Whitmer Choice Raises Questions About State’s Conflicts of Interest Laws
Detroit Free Press – Paul Egan | Published: 1/7/2019

Michigan Gov. Gretchen Whitmer named Orlene Hawks as director of the Department of Licensing and Regulatory Affairs (LARA), an agency with responsibilities that include oversight of Michigan’s new marijuana industry, liquor licensing, the regulation of utilities, and licensing of doctors and hospitals. Hawks is married to Michael Hawks, an owner and principal of Government Consultant Services Inc., which represents many clients affected by the policies and rulings of LARA and its sub-agencies. An ethics expert said the potential issues raised by the situation underline a need for stronger financial disclosure and conflict-of-interest laws in Michigan.

Montana: Montana’s Dark Money Detective
Pacific Standard – Jimmy Tobias | Published: 1/9/2019

With a history of ant-corporate populism and intimate electoral campaigns, Montana is the sort of place where someone can run for office without a lot of money and still stand a chance. It is a state with just a million people and little tolerance for big money meddling in elections. As the former commissioner of political practices, Jonathan Motl set an example for other states that are also contending with the influence of unaccountable election spending. A ruling by the state Supreme Court upholding a conviction against former Sen. Art Wittich for corruption and violating campaign finance laws was a vindication and a climactic moment in Montana’s anti-corruption efforts.

Oklahoma: Stitt Unveils Plan to Address Potential Business Conflicts
Oklahoma Watch – Paul Monies | Published: 1/7/2019

Incoming Oklahoma Gov. Kevin Stitt is asking the state attorney general to review his plan to step away from his mortgage company as it becomes a bank and to approve a conflict-of-interest policy for his family investments. Stitt is facing potential conflicts-of-interest related to Gateway Mortgage Group, which he founded, and possibly some real estate and other personal investments. The first step in this shift from private businessperson to public official has to do with the state banking commission. Stitt pledged to have no contact with the state banking commissioner on Gateway-related matters, as it is converting to a bank. The governor appoints the banking commissioner and members of the state banking board.

Oregon: BOLI Finds ‘Substantial Evidence’ of Sexual Harassment at Oregon Capitol
Portland Oregonian – Ted Sickinger and Hillary Borrud | Published: 1/3/2019

Oregon labor regulators found “substantial evidence” of sexual harassment at the Capitol, concluding that lawmakers and administrators have known about it for years and did little to stop it. The Bureau of Labor and Industries released its findings after a five-month investigation, as well as a laundry list of allegations gleaned from witness interviews conducted by agency investigators, legislative analysts, and an attorney hired by the Legislature to investigate the harassment claims. The report concludes the most powerful lawmakers and administrators in the Capitol mishandled, downplayed and ignored allegations of sexual harassment, including inappropriate touching, sexually suggestive language, and the lopsided power dynamics that enabled the behavior.

Washington: From Campaign Consultant to Lobbyist and Adviser: The firm that has Seattle Mayor Jenny Durkan’s ear
Seattle Times – Daniel Beekman and Lewis Kamb | Published: 1/6/2019

Political operatives Sandeep Kaushik and Kelly Evans helped Jenny Durkan win Seattle’s mayoral race in 2017. As Durkin embarks on her second year, they and their company, Sound View Strategies, have emerged as key players at City Hall. They successfully ran the mayor’s campaign for a $600 million education levy. Durkan’s major-initiatives director, office administrator, and chief of staff all are former Sound View employees. Kaushik describes himself and Evans as members of Durkan’s informal “kitchen cabinet,” even as they lobby her administration and advocate for corporate clients such as Comcast and Airnub. The mayor downplayed Sound View’s clout. Her ties to the company are known, and the city’s requirements are adequate to protect against real and perceived conflicts, Durkin said.

Ethics

National: “Six White House Officials Reprimanded for Violating the Hatch Act” by Michelle Ye Hee Lee for Pittsburgh Tribune-Review

National: “Democrats Go Into 2019 With Ethics Blazing” by Kate Ackley for Roll Call

National: “EPA IG: Pruitt’s resignation left ethics probes inconclusive” by Michael Biesecker (Associated Press) for Fresno Bee

Florida: “Appeals Court Dismisses Lawsuit Against Gov. Scott in Underreported Income Case” by John Kennedy (GateHouse Capital Bureau) for Florida Times Union

Illinois: “Federal Agents Raid Powerful Chicago Ald. Ed Burke’s City Hall and Ward Offices” by Bill Ruthhart, John Byrne, and Jason Meisner for Chicago Tribune

Pennsylvania: “Pa. State Lawmaker Sentenced in Bribery Case” by Charles Thompson for PennLive

Tennessee: “Bill Lee Prepares to ‘Step Away from Lee Company,’ Though Specifics of Transition Unclear” by Natalie Allison for The Tennessean

Legislative Issues

Minnesota: “You Know You Want to Read This Sexy Story about Legislative Process Reform” by Peter Callaghan for Minnesota Post

Federal:

In Ruling Against Trump, Judge Defines Anticorruption Clauses in Constitution for First Time
WRAL – Sharon LaFraniere (New York Times) | Published: 7/25/2018

A federal judge rejected President Trump’s effort to block a lawsuit that alleges he is violating the Constitution by continuing to do business with foreign governments. The state of Maryland and the District of Columbia claim Trump is violating the Emoluments Clause of the Constitution, which prohibits elected officials from receiving gifts or benefits from foreign governments without congressional approval. In the first judicial opinion to define how the meaning of the Constitution’s anticorruption clauses should apply to a president, U.S. District Court Judge Peter Messitte said the framers’ language should be broadly construed as an effort to protect against influence-peddling by state and foreign governments.

Mueller Examining Trump’s Tweets in Wide-Ranging Obstruction Inquiry
MSN – Michael Schmidt and Maggie Haberman (New York Times) | Published: 7/26/2018

Special Counsel Robert Mueller is scrutinizing tweets and negative statements from President Trump about Attorney General Jeff Sessions and former FBI Director James Comey, according to people briefed on the matter. Several of the remarks came as Trump was also privately pressuring the men – both key witnesses in the inquiry – about the probe, and Mueller is examining whether the actions add up to attempts to obstruct the investigation by both intimidating witnesses and pressuring senior law enforcement officials to tamp down the inquiry. Mueller’s interest in them is the latest addition to a range of presidential actions he is investigating as a possible obstruction case, like misleading White House statements, public attacks, and possible pardon offers to potential witnesses.

From the States and Municipalities:

Alabama: Rep. Randy Davis Indicted on Bribery Charges
Montgomery Advertiser – Brian Lyman | Published: 7/25/2018

Alabama Rep. Randy Davis was indicted on charges of conspiracy and bribery over what prosecutors describe as an attempt to pressure Blue Cross Blue Shield (BCBS) to cover insulin therapies offered in health clinics in which he had a financial interest. The indictment accuses Davis of working with former Rep. Micky Hammon, an investor in the clinics, to recruit investors, from which he received finders’ fees. Prosecutors also accused Davis of trying to lobby BCBS on behalf of Trina Health, which operated the clinics. Later, the indictment alleges, Davis and Hammon worked together to push a bill through the 2016 legislative session that would have forced coverage of the insulin treatment offered at the clinics.

California: New Head of California Political Watchdog Agency Says It Is Moving on After Period of Tumult
Los Angeles Times – Patrick McGreevy | Published: 7/22/2018

Alice Germond is taking over an agency that has been mired in turmoil for months following a dispute between commissioners over the sharing of power. But the new chairperson of the California Fair Political Practices Commission said she has talked to the other commissioners and believes the panel can put the past behind them to focus on enforcing campaign finance laws ahead of the midterm elections in November. A power struggle in recent months pitted some part-time commissioners against the chairperson at the time, Jodi Remke, who they felt left them out of key decisions on budgets, personnel, legal issues, and policy changes.

Colorado: Colorado Campaign Finance Loophole Allows Dark Money Flyers
Colorado Independent – Sandra Fish | Published: 7/23/2018

Colorado’s campaign finance law has a loophole that allows printed literature, mailers, or other materials about candidates to be distributed without disclosing who paid for them if they do not include so-called magic words such as “vote for” or “vote against.” Colorado was one of only 10 states that did not require disclosure of an ad’s sponsor in the 2016 election cycle. It is a form of “dark money” that prevents voters from tracing who is behind a campaign message.

Florida: South Miami’s Mayor Shut Down an Opponent at Meetings. Now He Faces an Investigation.
Miami Herald – Aaron Leibowitz | Published: 7/18/2018

When Stephen Cody approached the podium at a South Miami commission meeting, Mayor Philip Stoddard had a good idea of what he might say. A few days earlier, a group that Cody created criticized Stoddard for the city’s firing of its former police chief and a resulting lawsuit. Stoddard refused to let Cody speak and demanded he first register as a lobbyist. When Cody returned to the commission the next month, without having registered, Stoddard again cut him off when he began to discuss the police chief’s firing. The county ethics commission ruled there was probable cause Stoddard had violated Cody’s “right to be heard” under the county’s Citizens’ Bill of Rights.

Georgia: Georgia State Rep. Jason Spencer to Resign in Wake of Sacha Baron Cohen Pants-Dropping Debacle
MSN – Meagan Flynn (Washington Post) | Published: 7/24/2018

Georgia Rep. Jason Spencer, who was fooled into repeatedly yelling a racial epithet on comedian Sacha Baron Cohen’s television show, intends to resign effective July 31. “Who Is America?” has pranked a long list of sitting and former lawmakers. In this segment, Cohen played an Israeli antiterrorism expert and Spencer was seen on camera dropping his pants, mocking a stereotypical Asian accent, and seemingly not requiring much coaxing to yell the racial epithet, spurring immediate outrage. Spencer lost in the primary in his bid for a fifth term and initially said he would serve out his final months, but calls for him to resign became too loud.

Illinois: Rauner Blasts Chicago Mayoral Candidate Willie Wilson’s Cash Giveaway, State Says He Didn’t Violate Campaign Rules
Chicago Tribune – John Byrne and Rick Pearson | Published: 7/23/2018

The Illinois State Board of Elections said Chicago mayoral candidate Willie Wilson’s handing out of nearly $200,000 in checks at a recent church event did not break campaign finance laws. A campaign spokesperson said Wilson gave the money to people to help them cover the cost of their property taxes and other expenses as part of his philanthropic work through the Dr. Willie Wilson Foundation, a registered nonprofit. “As far as we can see, it looks like he didn’t use campaign funds for this and there doesn’t appear to have been any quid pro quo, like, ‘Here’s some money, vote for me,'” said elections board spokesperson Matt Dietrich. “So, from our perspective, it doesn’t look like there was anything illegal about this.”

Indiana: Secret Donations to Fuel Hill’s Defense Against Groping Allegations
Indianapolis Star Tribune – Tony Cook, Kaitlin Lange, and Ryan Martin | Published: 7/23/2018

Supporters of Indiana Attorney General Curtis Hill have set up a legal fund to defend him against accusations that he inappropriately touched four women. Attorney Jim Bopp announced the creation of Fairness for Curtis Hill, a nonprofit 501(c)(3) organization formed to collect tax deductible funds for Hill’s defense. Some tax and campaign finance experts questioned whether the new fund could even operate as a charitable nonprofit under the law. Lloyd Hitoshi Mayer, a law professor at Notre Dame, said a 501(c)(3) charity cannot benefit one person. Usually defending public officials from allegations also is not considered charitable, he said. “The name alone should have been a red flag for the IRS,” Mayer said.

Maine: Ethics Commission to Delay Clean Elections Funding Until Court Ruling
Lewiston Sun Journal – Colin Ellis | Published: 7/25/2018

The Maine Commission on Governmental Ethics and Election Practices delayed action on Clean Elections in the hope that a court ruling on the matter might be issued soon but did not rule out the possibility of calling a special meeting should the money continue to be held back. Commissioners agreed it was unfair that certain candidates have not received funding ahead of the November election but said they were not in a position to release funding at this point. Gov. Paul LePage has refused to release $1.4 million in public funding for Clean Election candidates, and Republican House members have refused to fix a typographical error in the law that provides additional funds to be used this year.

Montana: Gov. Bullock Sues IRS Over Decision to Stop Requiring Some Tax-Exempt Groups to Identify Donors
Helena Independent Record – Amy Beth Hanson (Associated Press) | Published: 7/24/2018

Montana Gov. Steve Bullock sued the Internal Revenue Service and U.S. Treasury Department to stop them from removing requirements that politically active nonprofits disclose their donors’ identities. Bullock said the Trump administration failed to give proper notice of or seek public comment on changes to the decades-old rule requiring such disclosure. He is asking a federal judge to find the rollback illegal and set it aside. This is the third time in recent months that Bullock has inserted himself and Montana into national issues and continues his efforts in support of transparent elections.

New York: Who Needs Small Donors When You Have Friends? Ask Gov. Cuomo.
WRAL – Shane Goldmacher (New York Times) | Published: 7/17/2018

New York Gov. Andrew Cuomo has always relied on large donations to accumulate a $31.1 million campaign account. But even as he emerged as one of the Democratic Party’s most prolific fundraisers, he has all but ignored grassroots contributors. Now, mindful of the party’s insurgency, and facing a primary challenge from Cynthia Nixon, the governor has raced to find small donors. But disclosures revealed the extent to which Cuomo remains dependent on big donors, and some of the maneuvers undertaken to obscure that fact. One donor gave 69 times to Cuomo in the final days before the deadline – 67 of them one-dollar donations, driving down his average contribution size.

North Dakota: Anti-Corruption Measure Headed for North Dakota Ballot
West Fargo Pioneer – John Hageman | Published: 7/23/2018

North Dakota voters will decide whether to add anti-corruption language to the state’s constitution this fall. A ballot measure would prevent lobbyists from giving gifts to public officials and would establish an ethics commission that could investigate officials, candidates, and lobbyists. It would also prevent public officials from being a lobbyist while holding office and for two years after leaving their post. State lawmakers would be required to pass legislation mandating “public disclosure of the ultimate and true source of funds” spent to influence elections and government actions.

Ohio: Cincinnati Firm Lobbies for Taxpayers – and Companies That Want Their Money
Cincinnati Enquirer – Dan Horn | Published: 7/23/2018

Anne Sesler once acted as spokesperson for both FC Cincinnati and Hamilton County simultaneously. That is because Government Strategies Group, a firm for which Sesler is a consultant, is paid by both the county and the new Major League Soccer team to handle their lobbying and communications work. The county hired her in 2017 and the team hired her in January. Some say that is a conflict because the interests of FC Cincinnati and Hamilton County are not the same: FC Cincinnati needed $15 million last year for a stadium parking garage and taxpayers picked up the tab. And those are not the only Government Strategies clients with interests that sometimes overlap.

Pennsylvania: Board of Ethics Says Pro-Soda Tax Coalition Violated Lobbying Law
Philadelphia Business Journal – Alison Burdo | Published: 7/20/2018

The leading group that pushed for passage of Philadelphia’s controversial soda tax agreed to pay $8,000 in civil penalties after the Board of Ethics cited it for violations of the city’s lobbying law. Philadelphians for a Fair Future (PFF) formed in 2016 and raised more than $2 million to promote the tax, which was proposed by Mayor Jim Kenney. The board found the group gave incomplete information in required reports on its spending. In addition, four companies and individuals PFF employed to lobby failed to register as required.

Lobbying

Alaska: “As Clock Ticked Toward Session, Alaska Lawmakers Turned to Lobbyists for Cash” by Nathaniel Herz for Alaska Dispatch News

New Mexico: “Loophole Cuts Lobbyist Spending Reporting” by Sandra Fish for New Mexico In Depth

Ethics

“After Ethics Review, Senate Postpones Committee Vote for Betsy DeVos” by Danielle Douglas-Gabriel for Washington Post

“We Rely on the Government for Lots of Data. What Happens to That in the Era of ‘Alternative Facts’?” by Mark Berman for Washington Post

“Liberal Watchdog Group Sues Trump, Alleging He Violated Constitutional Ban” by David Fahrenthold and Jonathan O’Connell for Washington Post

Pennsylvania: “Ex-Mayor Reed Admits Carelessness, Not Criminality, in Pleading Guilty to Stealing City Artifacts” by Matt Miller for Harrisburg Patriot-News

Rhode Island: “Gallison to Admit Stealing from a Friend, the Poor and a Disabled Client” by Tom Mooney for Providence Journal

Redistricting

“Supreme Court Won’t Review Texas Voter Law Found to Discriminate Against Minorities” by Robert Barnes for Washington Post

National:

When One Party Has the Governor’s Mansion and the Other Has the Statehouse
New York Times – Trip Gabriel | Published: 12/26/2016

Governors outgunned by veto-proof majorities in their Legislatures have successfully used the bully pulpit of their office, going over the heads of part-time lawmakers to directly appeal to citizens. Other times, governors have profited from a basic law of politics: they are usually more popular than legislative bodies, whose job favorability is little higher than that of perpetrators of Ponzi schemes. And governors in control of the bureaucracy of the executive branch have found that, like President Obama in the face of congressional obstruction, they can pull the levers of executive action to advance an agenda.

Wielding Claims of ‘Fake News,’ Conservatives Take Aim at Mainstream Media
New York Times – Jeremy Peters | Published: 12/25/2016

Until now, the term “fake news” had been understood to refer to fabricated news accounts that are meant to spread virally online. But conservative cable and radio personalities, top Republicans, and President-elect Donald Trump, incredulous about suggestions that fake stories may have helped swing the election, have appropriated the term and turned it against any news they see as hostile to their agenda. In defining “fake news” so broadly and seeking to dilute its meaning, they are capitalizing on the declining credibility of all purveyors of information. And conservatives, seeing an opening to undermine the mainstream media, a longtime foe, are more than happy to dig the hole deeper.

Federal:

Donald Trump Plans to Shut Down His Charitable Foundation, Which Has Been Under Scrutiny for Months
Washington Post – Mark Berman and David Fahrenthold | Published: 12/24/2016

President-elect Donald Trump announced he intends to dissolve his charitable foundation, his latest move aimed at settling ethical conflicts that have already dogged the incoming administration. The Donald J. Trump Foundation has come under scrutiny this year after a series of news reports detailing its practices, including cases in which Trump apparently used the charity’s money to settle lawsuits involving his for-profit businesses. New York’s attorney general has been investigating the charity after some of these reports, and a spokesperson for that office said the foundation could not officially shut down until that probe is over.

Inside the Trump Organization, the Company That Has Run Trump’s Big World
New York Times – Megan Twohey, Russ Buettner, and Steve Eder | Published: 12/25/2016

With entanglements around the world, many packaged in a network of licensing agreements and limited liability companies, the Trump Organization poses a raft of potential conflicts for a president-elect who has long exerted tight control over his business. Donald Trump, owner of all but the smallest sliver of the privately held company, has said while the law does not require it, he is formulating plans to remove himself from the company’s operations. But amid rising pressure, Trump and his advisers have been debating further steps. Yet an examination of the company underscores the challenges of taking Donald Trump out of the picture. His company is a distinctly family business fortified with longtime loyalists that operates less on standardized procedures and more on a culture of its leader.

Navy Repeatedly Dismissed Evidence That ‘Fat Leonard’ Was Cheating the 7th Fleet
Washington Post – Craig Whitlock | Published: 12/27/2016

The Navy allowed the worst corruption scandal in its history to fester for several years by dismissing evidence that a Singapore-based contractor, Leonard Francis, was cheating the service out of millions of dollars and bribing officers with alcohol, prostitutes, and lavish dinners. Staffers at U.S. Pacific Fleet headquarters were so worried about the potential for trouble that they drafted a new ethics policy to discourage Navy personnel from accepting favors from Francis. But their effort was blocked for more than two years by admirals who were friendly with the contractor. It took officials years to gather enough evidence to charge Francis and arrest him. He has pleaded guilty to defrauding the Navy of $35 million.

U.S. Punishes Russia for Election Hacking, Ejecting Operatives
New York Times – David Sanger | Published: 12/29/2016

The Obama administration announced new measures in retaliation for what officials have characterized as Russian interference in American elections, ordering the removal of 35 Russian government officials from the U.S. and sanctioning agencies and individuals tied to the hacks. The announcement culminates a debate over whether and how to respond to Russia’s unprecedented election-year provocations, ranging from the hacks of the Democratic National Committee to the targeting of state electoral systems. President-elect Donald Trump suggested the U.S. should drop its effort to retaliate against Russia, and cast doubt on intelligence agencies’ conclusion that Russia was behind the hacks.

From the States and Municipalities:

California
How to Influence the California Legislature? New Spending Details Revealed
Sacramento Bee – Taryn Luna and Jim Miller | Published: 12/28/2016

The third quarter of 2016, which included the end of the legislative session, was so important that companies, unions, trade associations, and other groups paid $84.4 million to lobby California officials on bills and regulations during the three-month period. Much as campaigns for candidates seek to win over voters, the disclosure filings underline the extent to which special-interest groups employ some of the same resources to make their cases to lawmakers and state officials. They also for the first time provide details about which political consultants, public-relations experts, advertising firms, and other non-lobbyist advocates are being paid to influence policy.

California
Santa Clara County Bosses Let Workers Take Toys Meant for Needy Kids
San Jose Mercury News – Ramona Girwagis | Published: 12/23/2016

Expensive toys intended as Christmas presents for poor children were handed out instead to dozens of Santa Clara County employees, and the county executive’s office says they do not need to return them. County employees walking to their cars from work saw the items being unloaded from trucks at the Santa Clara County building as part of a toy drive. County Executive Jeff Smith insisted that county employees who took the toys understood they needed to donate them to a nonprofit or church. But he could provide no documentation that workers were told to donate them. Smith acknowledged the county has no way of knowing whether the employees donated the gifts or kept them for themselves. “Had we realized that this was going on we probably would have organized it differently,” said Steve Preminger, a special assistant to Smith.

Florida
Shining a Light on Lobbyists, New Efforts to Curb Their Influence
Tallahassee Democrat – James Call | Published: 12/18/2016

It is a new era in Washington, D.C. and Tallahassee, and the winners of the November election are imposing new realities on how lobbyists can operate. New lobbyist-disclosure requirements approved by the Florida House aim to reveal how paid advocates and lawmakers interact behind the scenes. The rules place the lobbying corps in a delicate situation. They clearly target their product – influence – yet opposition would alienate House Speaker Richard Corcoran, the official with the ability to see that their bill, amendment, or request never gets heard. Lobbyists said they are figuring out how to navigate the new working conditions.

Missouri
With Greitens’ Blessing, Lawmakers Aim for Lobbyist-Gift Ban
Springfield News-Leader – Summer Ballentine (Associated Press) | Published: 12/25/2016

Maybe this year, with support from Gov.-elect Eric Greitens, Missouri lawmakers will be able to keep lobbyists from giving officeholders expensive dinners or concert tickets. If lawmakers fail to deliver in the 2017 session, it would break a campaign promise from Greitens, who largely focused on how he would tackle corruption in the Capitol, which in recent years has been marred by ethics scandals, and said such a ban is his first goal. It is also among the top priorities for House Speaker Todd Richardson, who said he was personally disappointed when an ethics bills did not pass last session.

New York
De Blasio Signs Measures Limiting Political Contributions
Newsday – Matthew Chayes | Published: 12/22/2016

New York City Mayor Bill de Blasio signed campaign finance reform legislation recently. Included in the bills are limits on contributions by donors with business before the city to elected officials’ political nonprofits, ostensibly aimed at a group like the mayor’s now-defunct Campaign for One New York. Other legislation eliminates public matching funds for contributions bundled by people doing business with the city, limits amounts donated for transition and inauguration activities, and changes eligibility requirements for certain activities like debates.

New York
JCOPE Settles with Firms Caught Up in Skelos, Silver Cases
Albany Times Union – Casey Seiler | Published: 12/28/2016

The New York Joint Commission on Public Ethics reached settlements over lobbying violations with companies involved in the corruption cases of former Senate Majority Leader Dean Skelos and ex-Assembly Speaker Sheldon Silver. Glenwood Management will pay a $200,000 fine and Administrators for the Professions will pay $70,000. Glenwood failed to disclose meetings and other lobbying activities before Skelos, and recommended to a company that it hire his son as a consultant. Glenwood also retained a law firm knowing a portion of the fees it paid would be shared with Silver. Administrators for the Professions admitted in the course of lobbying Skelos, it employed his son in an arrangement designed to curry favor with the senator.

New York
NYCLU, ACLU Sue New York Over Ethics Law
Albany Times Union – Chris Bragg | Published: 12/22/2016

A civil liberties group has joined in the call for a federal judge to strike down new donor-disclosure provisions in New York that allegedly stray from their anticorruption goals, hurting the protected speech rights of both nonprofits and donors. The new law mandates the public disclosure of all donors and contributions to a 501(c)(3) in excess of $2,500 whenever that organization makes an “in-kind donation” of over $2,500 to certain 501(c)(4)s engaged in lobbying activity. For 501(c)4 disclosure, the law lowers the threshold from $50,000 to $15,000 in annual lobbying spending. Unless the lawsuits succeed in getting an injunction, the first lobbying reports with the new disclosure requirements are due at the end of January.

Oklahoma
An Oklahoma Newspaper Endorsed Clinton. It Hasn’t Been Forgiven.
New York Times – Manny Fernandez | Published: 12/26/2016

The Enid News & Eagle, a red newspaper in a red county in what is arguably the reddest of states went blue this campaign season and endorsed Hillary Clinton for president. The editorial board wrote that Donald Trump lacked “the skills, experience or temperament to hold office.” It was the first Democratic endorsement for president in the modern history of the newspaper, which was founded in 1893. Enid was stunned, and this slow-paced agricultural town of 52,000 near the Kansas state line has not been the same since. Around the country, as newspapers big and small are struggling to keep subscribers, a handful of papers with conservative editorial boards made news by either endorsing Clinton or urging readers to back anybody but Trump.

South Carolina
Possibility of More S.C. Lawmakers Charged with Corruption Looms
Aiken Standard – Seanna Adcox (Associated Press) | Published: 12/24/2016

Following the 30-count indictment of a former state House majority leader, questions over who else may face corruption charges will loom over South Carolina’s 2017 legislative session. The misconduct and ethics charges against Rep. Jim Merrill, the first since former Speaker Bobby Harrell pleaded guilty and resigned more than two years ago, ended all speculation that lawmakers could breathe easy. And prosecutor David Pascoe made clear he is not done. “This is still an ongoing investigation,” Pascoe said in a recent statement.

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.

Circuit Judge Mark Barnett ruled yesterday that Initiated Measure 22 cannot be separated into different parts, issuing an order blocking the entire law from taking effect. Initiated Measure 22 was approved by the majority of South Dakota voters last month as an act to revise campaign finance and lobbying laws.

There was an existing preliminary injunction on the law’s implementation; however, supporters of Initiated Measure 22 wanted to reinstate portions of the law not challenged by the plaintiffs, such as the provisions dealing with lower caps on campaign contributions.

Several bills related to campaign finance were recently passed by the New York City Council.

Int. No. 1345-A will prohibit donations above $400 per year from people who are lobbyists, have city contracts, do business with the city, or non-governmental entities controlled by a local elected official or their agents. Int. No. 1352 will require a notice regarding the contribution limits for persons doing business with the city be provided to contributors. Additionally, Int. No. 1361-A will require contributions in a special election be counted towards the threshold for eligibility and matching for public funds candidates.

Some of the more technical bills will require public funds candidates to deposit contributions by a certain date (Int. No. 1351-A), mandate the Campaign Finance Board to prepare electronic disclosure reports to meet state disclosure requirements (Int. No. 1349-A), allow candidates to return campaign contributions to protect their reputational interest (Int. No. 1353-A), and require the doing business database to display the date a person is considered doing business with the city (Int. No. 1361).

The bills are awaiting the mayor’s signature and are effective as listed in the respective bills.

Minutes before midnight on December 12, 2016, Citizens Union (CU) filed a complaint against the State of New York alleging a violation of the First Amendment of the United States Constitution. CU seeks declaratory and injunctive relief from disclosure laws passed in June.

The new laws lowered the annual lobbying spending threshold from $50,000 to $15,000 for 501(c)4 organizations. Additionally, the new laws require 501(c)4 organizations to disclose donors who give more than $2,500. The complaint was filed in the United States District Court for the Southern District of New York.

On May 18, Arizona Gov. Doug Ducey signed campaign finance legislation advancing the effective date of implementation of some of the changes to June of this year. House bills 2296 and 2297 complement Senate Bill 1516, another campaign finance bill signed into law in March. The legislation also includes criminal penalties left out of the earlier Senate bill.

The package of legislation is controversial among many because of the relaxation of disclosure by some entities involved in political activity.

On May 10, 2016, legislation was introduced in both the Rhode Island House and Senate calling for a voter-approved amendment to the state’s constitution granting more power to the Ethics Commission.

House Joint Resolution 8189, introduced by House Speaker Nicholas Mattiello, and Senate Joint Resolution 2953, introduced by Senate President M. Teresa Paiva Weed, grant the Ethics Commission power to prosecute ethics violations by lawmakers. Currently they are exempt from the Ethics Commission’s authority. The matching resolutions also prohibit the acceptance of complaints and initiation of investigations alleging a violation of the code of ethics by a candidate during the period beginning on the first day of declarations of candidacy for the office sought by the candidate and ending the day after the election for that office during the same year.

If approved by voters, the law would take effect on January 3, 2017.

Campaign Finance

“First on CNN: Ted Cruz to release the names of his bundlers” by Theodore Schleifer for CNN

“Jeb Bush Super PAC Donors Also Spend Big To Influence Washington” by Paul Blumenthal for Huffington Post

Ohio: “State Rep. Ron Gerberry Resigns amid Investigation of Campaign Funds” by Jim Siegel for Columbus Dispatch

Oklahoma: “Democratic Party Sues Oklahoma Ethics Commission” by Rick Green for The Oklahoman

Ethics

“Will Common Cause Still Be Georgia’s Watchdog?” by Max Blau for Atlanta Magazine

Illinois: “Illinois’ Corrupt Women” by Maureen Foertsch McKinney for WUIS

Pennsylvania: “Pennsylvania Top Prosecutor Says Charges Tied to Porn Emails” by Peter Jackson (Associated Press) for Philadelphia Inquirer

Elections

“‘Little House on the Prairie’ Actress Melissa Gilbert Just Became Another Celebrity Turned Politician” by Lindsey Bever for Washington Post

“Hillary Clinton Agrees to Provide Private E-mail Server to FBI” by Carol Leonnig, Tom Hamburger, and Rosalind Helderman for Washington Post

Legislative Issues

Maine: “Maine Court: 65 bills are law after LePage misses deadline” by Alanna Durkin (Associated Press) for Lexington Herald-Leader

On August 6, the Maine Supreme Judicial Court issued an opinion finding 65 bills from the 2015 legislative session were vetoed by Gov. Paul LePage too late to prevent the legislation from taking effect.

Last month, the governor had returned the 65 bills to the Legislature on July 16, the last day of the session. However, the bills were returned beyond the 10 days, excluding Sundays, a governor has to veto legislation once he or she receives the bills.The court found the bills were beyond the ten days provided for gubernatorial objection and became law effective ninety days after the adjournment sine die of the Legislature, except where enacted as emergency legislation.

The opinion was made at the request of the governor.