Campaign Finance

Kentucky: “Kentucky Officials Seek Changes in Campaign-Finance Laws” by Adam Beam (Associated Press) for Huntington Herald-Dispatch

Montana: “How Big Sky Country Became the Front Line in a Long Battle Over Dark Money” by Christa Case Bryant for Yahoo!News

New Jersey: “Baraka, Ex-Campaign Treasurer Still Face Campaign Finance Accusations” by Rebecca Panico for TAPinto.net

Elections

National: “‘Staying on the Sidelines Is No Longer an Option’: How Silicon Valley is trying to help Democrats capture Congress in 2018” by Tony Romm for Washington Post

Ethics

Florida: “Former City Manager Rick Fernandez Agrees to Settlement with Ethics Commission” by Jeff Burlew for Tallahassee Democrat

Legislative Issues

Wisconsin: “Last-Minute Surprises and Secretive Moves Hide Wisconsin Lawmakers’ Actions from Public View” by CV Vitolo-Haddad and Dee Hall (Wisconsin Center For Investigative Journalism) for Wisconsin Public Radio

Lobbying

Arizona: “Arizona Commissioner Andy Tobin Texted APS Lobbyists Frequently, Including About Open Rate Case” by David Pomerantz for Energy Policy Institute

Redistricting

Michigan: “Volunteer Movement Helped Carry Redistricting Proposal to the Ballot” by Lauren Gibbons for MLive.com

National:

Out-of-State Donors Pour Cash into Democrats’ State Races
Center for Public Integrity – Rui Kaneya and Joe Yerardi | Published: 10/10/2018

Nationwide, many Democrats running for state-level offices from governor to state representative are also collecting a significant amount of money from across state lines. Though Democrats still trail Republicans in the overall fundraising tally, they have so far raised at least $101 million from out of state, about $29 million more than their GOP counterparts have taken in. The influx of out-of-state contributions comes from a mix of companies with local interests, networks of contacts scattered across the country, and newly emboldened national groups that are mobilizing to influence state-level elections, mindful that the outcomes will have an impact on politics at the state and national levels lasting well into the next decade.

Federal:

FEC Guidance to Limit Impact of Dark Money Court Ruling
Associated Press – Brian Slodysko | Published: 10/5/2018

The FEC issued new guidance in response to a U.S. District Court ruling that found the agency improperly allowed “social welfare” nonprofits to skirt disclosure requirements for some donors. While the guidance answers some questions, it raises others. “A lot of people were very excited when [the case] first came out, but when you get into the weeds, one has to acknowledge that the opinion is not as broad some people had hoped,” said FEC Commissioner Ellen Weintraub.

Saluting the Trump Administration, Not So Nicely
Politico – Ben Schreckinger | Published: 10/9/2018

At the White House, the nearby Trump International Hotel, and wherever the presidential motorcade goes, Washingtonians are greeting Donald Trump’s presidency with an extended middle finger. As episodes like the separation of migrant families and the confirmation of Brett Kavanaugh to the Supreme Court continue to inflame passions in Washington, D.C., these one-fingered salutes have become a pervasive marker of an administration under siege in its own city. Tourists posing for photographs, passengers in the cars that drive by the White House, and pedestrians caught unaware by motorcades have all made increasing use of the vulgar gesture since Trump came to town. Some do it subtly; others make a show of it.

Wall Street Is Booming Under Trump. But Many of Its Donors Are Embracing Democrats.
WRAL – Shane Goldmacher (New York Times) | Published: 10/7/2018

The stock market is booming, unemployment is hitting record lows, and Republicans pushed through $1.5 trillion in tax cuts. But despite all that, for the first time in a decade, the broader financial community is on pace to give more money to Democratic congressional candidates and incumbents than their GOP counterparts. Some of the same grassroots energy coursing through the Democratic Party, House candidates from Kentucky to Montana to New York are reporting record sums of small donations, has spilled into the corporate boardrooms of American finance, even amid increasingly hostile rhetoric from Democrats in Washington and on the campaign trail toward Wall Street.

From the States and Municipalities:

California: Are Political Swamps in California and Washington Mostly Drained? This Study Says They Are.
Sacramento Bee – Andrew Sheeler | Published: 10/9/2018

California ranks second in the nation for anti-corruption laws, according to a new report from the Coalition for Integrity. California share second-place Rhode Island; both states fell behind Washington state, which claimed the best score in the 2018 States With Anti-Corruption Measures for Public Officials (S.W.A.M.P.) Index. The index looks at eight metrics when assigning a score to a state, including whether there is an ethics agency with subpoena and sanction power, and whether elected and appointed executive branch officials are prohibited from accepting expensive gifts from lobbyists. At the other end of the spectrum, the S.W.A.M.P. Index rated North Dakota as worst in the nation for ethics and transparency laws.

Colorado: Wall Street Pumping Cash Through Loophole in Anti-Corruption Rule
Capital & Main – David Sirota and Chase Woodruff | Published: 10/4/2018

If Wall Street executive look to land a lucrative contract to manage Colorado retirees’ pension money, a federal “pay-to-play” rule is designed to deter them from trying to use campaign donations to influence state officials who oversee those investment decisions. Despite that regulation, however, state Treasurer Walker Stapleton’s gubernatorial campaign is being boosted by a political group partially sponsored by financial firms that receive investments from the pension fund Stapleton helps run. If Stapleton is elected governor, he will leave the pension fund’s board but will appoint three members of the board, potentially giving him even more influence over which financial firms get pension investments.

Indiana: Former Intern Says Brian Bosma Tried to Intimidate Her Over Alleged Sexual Encounter
Indianapolis Star – Tony Cook, Kaitlin Lange, and Ryan Martin | Published: 10/10/2018

Indiana House Speaker Brian Bosma investigated groping allegations against the state attorney general and is crafting a first-ever sexual harassment policy for legislators. He is also the same man who aggressively investigated the credibility of a former statehouse intern who said she had a sexual encounter with him decades ago. Family members of the woman claim Bosma’s attorney threatened to reveal the unfavorable information about her if her account became public and to expose her name even if news organizations withheld it. The former intern, Kandy Green, did not accuse Bosma of a crime. Bosma denies the encounter took place.

Kentucky: Amy McGrath Is Avoiding Attack Ads. Can a Congressional Candidate Win Without Them?
WRAL – Michael Tackett (New York Times) | Published: 10/10/2018

The race for Kentucky’s Sixth Congressional District between U.S. Rep. Andy Barr and his Democratic challenger, Amy McGrath, has featured one of the highest concentrations of political ads in the country, almost 7,000 airings, in one of the most fiercely fought races. The contest also has one of the most lopsided ratios of negative-to-positive ads, with Barr and aligned Republican groups spending overwhelmingly on spots attacking his opponent. McGrath, so far, has not run attack ads, an approach that makes this contest a laboratory to test the proposition that while voters find negative ads distasteful, candidates use them because they work.

Missouri: Missouri Lobbying Rules Fought in Federal Court
Courthouse News Service – Joe Harris | Published: 10/8/2018

The Institute for Justice filed a lawsuit claiming an executive order that bans all gifts, including written materials, to certain government officials in Missouri violates its constitutional rights. At issue is Missouri Executive Order 17-02 which prohibits “anything of value” to be given to a member of the state’s executive branch by a lobbyist. The Institute for Justice claims that by prohibiting the distribution of two of its publications, “Bottleneckers: Gaming the Government for Power and Private Profit” and “License to Work 2,” to government employees, the executive order violates its First Amendment right to free speech and Fourteenth Amendment right to petition the government for redress of grievances.

New Mexico: New Mexico Legislators Eat, Lobbyists Treat, but Public Left Guessing Who
Santa Fe New Mexican – Andrew Oxford | Published: 10/8/2018

Because of a loophole in New Mexico law, lobbyists for the most part do not have to disclose which officials they have been attempting to influence. Although the latest round of filings by lobbyists points to tens of thousands of dollars spent on entertaining policymakers, the representatives of companies and special interests remain largely free to conceal the issues they are advocating for and the policymakers they are trying to sway. The Legislature has shown little appetite for requiring more disclosure from lobbyists.

Ohio: Workers Allege Campaign Donations Were Expected, Rewarded by Summit Prosecutor Sherri Bevan Walsh
WKYC – Phil Trexler and Tom Meyer | Published: 10/10/2018

Summit County Prosecutor Sherri Bevan Walsh is accused of ignoring acts of bullying, sexual harassment, and racial discrimination in her office, while allowing political campaigning to take place by favored workers, sometimes on county time, and requiring campaign donations of her workers and denying pay hikes to those who did not. Walsh’s campaign finance reports reflect the cash flow, showing her employees contributed thousands of dollars, or about half of her entire campaign funds, in the past six filing periods. Five employees have filed complaints alleging mistreatment.

Oklahoma: Attorneys Help Bankroll Campaigns of Judges Who Hear Their Cases
Oklahoma Watch – Taylor Brown | Published: 10/8/2018

Judges in Oklahoma rarely recuse themselves voluntarily or on request because they received money from attorneys arguing before them. That is despite the fact that attorneys represent the largest number of donors to district judges’ campaigns. Court filings show many of those attorneys frequently have appeared before the candidates to whom they gave money; some donated to judges while the judge was still presiding over their case. No evidence has emerged that donations from lawyers gained them or their firms more favorable rulings or treatment from judges. But campaign finance reform advocates, along with some Oklahoma judicial candidates, say the state’s system of electing district judges poses a risk to the integrity of the system.

South Carolina: SC Attorney General Tried to Impede Statehouse Corruption Probe, Grand Jury Says
Charleston Post and Courier – Glenn Smith and Thad Moore | Published: 10/9/2018

South Carolina Attorney General Alan Wilson’s inaction impeded a probe into statehouse corruption, according to a grand jury report. Wilson’s conduct after former House Speaker Bobby Harrell pleaded guilty and named two other lawmakers cost investigators 13 months and meant the statute of limitations on potential federal crimes like money laundering ran out, the grand jurors said. The report notes Wilson’s close relationship with political consultant Richard Quinn. The corruption inquiry focused mainly on Quinn’s consulting business, his clients, and whether he acted like a lobbyist without registering. The report gives a behind the curtain look at the blurry line between political consultants, lobbyists, and powerful businesses in the state.

Tennessee: Taylor Swift’s Stunning Statement: Famously apolitical star slams Tennessee Republican, endorses Democrats
Washington Post – Emily Yahr | Published: 10/7/2018

Taylor Swift, the pop music star who has been notably apolitical in turbulent political times, endorsed two Democratic candidates running for election in Tennessee. In a post on Instagram, Swift said she planned to vote for Phil Bredesen, who is competing in a close U.S. Senate race against a Republican candidate backed by President Trump, and U.S. Rep. Jim Cooper, an incumbent who represents the Nashville area. Swift’s political views had previously been left up to interpretation, and at times her silence was viewed as support for Trump as well as the alt-right movement.

West Virginia: As 1 Supreme Court Justice Survives Impeachment in West Virginia, Others Face Trial
Governing – Phil Kabler (Charleston Gazette) | Published: 10/3/2018

One West Virginia Supreme Court justice has survived an impeachment scare. Beth Walker will remain in office after state senators rejected an impeachment article against her after a two-day trial. Senators later adopted a resolution by voice vote to issue a public reprimand of Walker. She was accused of abusing her authority. The impeachment charge stated Walker and other justices failed to control office expenses and maintain policies over matters such as working lunches and the use of state vehicles and office computers at home.

National:

For Women on the 2018 Campaign Trail, ‘Sexism’ Is No Longer a Forbidden Word
Connecticut Post – Avi Selk (Washington Post) | Published: 9/21/2018

Several women in high-profile national races this year have broken from decades-old conventional wisdom that cautioned female candidates against complaining of sexism, lest they be painted as weak or angry or to being accused of playing what Donald Trump called “the woman card” during his presidential campaign. Celinda Lake, a Democratic pollster, conducted a survey in 2012 that found fears of a backlash against speaking up were unfounded. But not until this cycle – after Trump’s win and the subsequent #MeToo movement to out powerful men accused of sexual assault – has she seen female candidates do so in numbers.

Federal:

‘Can You Do This?’: Russia probe conflicts rampant among Rosenstein replacements
Politico – Darren Samuelsohn and Josh Gerstein | Published: 9/27/2018

President Trump may think he is getting rid of a problem if he pushes Deputy Attorney General Rod Rosenstein out of the Justice Department. But cleaning house will hardly end the president’s headaches from special counsel Robert Mueller’s investigation into Russian election meddling and whether the Trump campaign coordinated with Moscow on its efforts. Several administration appointees in line for Rosenstein’s role overseeing Mueller’s probe come with their own baggage, from direct involvement in the investigation to recent work at law firms with clients mired in the inquiry.

Obama White House Counsel Gregory Craig Under Scrutiny by Prosecutors in Offshoot of Mueller Probe
Washington Post – Tom Hamburger | Published: 9/23/2018

Federal prosecutors have stepped up their investigation of prominent Washington, D.C. attorney Gregory Craig for work he conducted at his former law firm on behalf of the Ukrainian government in 2012, an effort coordinated by Paul Manafort. Craig’s case, and that of two Washington lobbyists who worked with Manafort on Ukrainian matters, were referred to federal prosecutors in New York, who appear to be focused on whether the three failed to register as foreign agents while working with Manafort’s Ukrainian clients. The investigation of Craig, along with lobbyists Vin Weber and Tony Podesta, has shaken K Street’s lobbying and legal community, which until recently had faced little scrutiny of its representation of foreign clients.

Political Nonprofits Seek Answers After Court Decision Targeting ‘Dark Money’
Washington Post – Michelle Ye Hee Lee | Published: 9/21/2018

Nonprofit advocacy groups historically have not been required to publicly disclose their donors, as political committees must. But a federal judge threw out a rule that allowed the groups to withhold donors’ identities, broadening the type of donors who would now be subject to disclosure. The U.S. Supreme Court declined to intervene in the case. The decision will no doubt shed more light on the contributors to politically active nonprofits, although exactly how much is uncertain as groups and federal officials take stock of the decision. In the absence of new regulation, nonprofit groups are left in a gray area, which could lead to new methods of avoiding disclosure and maintaining donor privacy.

From the States and Municipalities:

Alabama: Reform Panel to Vote on Changes to Alabama Ethics Law
AL.com – Mike Cason | Published: 9/20/2018

The Alabama Code of Ethics Clarification and Reform Commission will vote on proposals to amend the state ethics law at its next meeting in October, which will be sent to lawmakers. The Alabama Court of Criminal Appeals recommended the Legislature clarify the definition of a lobbying “principal” in its ruling upholding ethics convictions against former House Speaker Mike Hubbard. The court said it believed the law was applied correctly in Hubbard’s case but could envision other cases where the definition was problematic. The definition is important because the law places restrictions on principals like it does on lobbyists, such as prohibitions on giving money or gifts to public officials.

Florida: NRA Sway: For Florida officials, it’s always Hammer time
Tampa Bay Times – Steve Contorno | Published: 9/21/2018

Those who work in the Florida agency that oversees gun permits never know when National Rifle Association (NRA) lobbyist Marion Hammer will command their attention, or what about. Nights, weekends, and even holidays, she sends messages to senior department officials with complaints and demands. They often respond within minutes. Hammer’s singular power over Florida lawmakers, especially Republicans, is the stuff of Tallahassee legend. Yet according to a review of hundreds of Hammer’s emails with the state Department of Agriculture, her sphere of influence stretches far beyond gun legislation. Emails from 2014 to 2017 show the lobbyist involves herself in a wide array of day-to-day tasks of an agency that was accused five years ago in a lawsuit of being run by the NRA.

Illinois: Cook County OK to Restrict Campaign Cash from Lawyers, Others Seeking ‘Official Action,’ Appeals Court Says
Cook County Report – Jason Bilyk | Published: 9/25/2018

A state appellate court ruled Cook County has the power to make ethics rules that apply to county officers, finding the board of commissioners did not overstep in prohibiting real estate lawyers and others from contributing to the campaigns of county officials when they are seeking “official action” from the county.  While the county has for decades used its ethics ordinance to place limits on who can give money to county officials, and how much they can donate to their campaigns, the ordinance was amended in 2016 to extend restrictions which had been applied previously to lobbyists and contractors, now to reach “persons seeking official action from the county.”

Missouri: Clean Missouri Will Be on November Ballot After High Court Refuses to Hear Challenge
Kansas City Star – Alison Kite | Published: 9/24/2018

The Missouri Supreme Court will not reconsider a ruling allowing voters to decide on a ballot measure that would reform the state’s ethics laws. The decision reaffirms a state appeals court ruling letting the so-called Clean Missouri initiative appear on the November ballot as Constitutional Amendment 1. Opponents had claimed the initiative violates the state constitution by addressing too many topics. The measure would lower campaign contribution limits, eliminate nearly all lobbyist gifts, require a waiting period before lawmakers and their staffers can become lobbyists, and open legislative records. It also would turn the task of drawing legislative district maps over to a nonpartisan expert and reviewed by a citizen commission.

New York: Crystal Run Did Raise a Red Flag
WRAL – Chris Bragg (Albany Times Union) | Published: 9/25/2018

In a meeting with The Albany Times Union editorial board, New York Gov. Andrew Cuomo emphatically stated that Crystal Run Healthcare, had never warned his campaign of potential problems with its $400,000 in donations. Moreover, the governor said if the company had done so, Crystal Run would have effectively “admitted to a crime.” But in response to the newspaper’s questions about Cuomo’s statement, his campaign acknowledged what the governor said that day was not true: Crystal Run had indeed approached the campaign with concerns about its contributions. The FBI and the U.S. attorney’s office in Manhattan have been investigating whether 10 separate $25,000 checks from Crystal Run officials to Cuomo in October 2013 were reimbursed by the company through bonuses. If that occurred, it could violate state election law.

New York: Percoco Sentenced to Six Years for Corruption
Albany Times Union – Robert Gavin | Published: 9/20/2018

A judge sentenced Joseph Percoco, a former top aide to New York Gov. Andrew Cuomo, to six years in federal prison for accepting more than $320,000 in bribes from businesspeople looking to buy influence with state. The bulk of the bribes came in the form of a “low-show” job given to Percoco’s wife by an energy company that wanted to build a power plant in the Hudson Valley. While prosecutors did not accuse Cuomo of any wrongdoing, the trial cast a shadow over his administration, especially in light of early campaign promises when he was first elected to clean up Albany.

North Carolina: NC House Speaker Tim Moore’s Legal Contract with Start-Up Raises Questions
Raleigh News and Observer – Dan Kane | Published: 9/25/2018

A short time into Anne Whitaker’s tenure as chief executive officer of KNOW Bio, a pharmaceutical start-up, she learned of a legal services contract given to an attorney she had never heard of for services she felt were of questionable value for a company that was barely a year old. The lawyer was North Carolina House Speaker Tim Moore. When she learned the details of his contract and his work, which struck her as federal lobbying, Whitaker said she terminated it with the support of company board members. Whitaker said KNOW Bio’s co-founder, Neal Hunter, had given Moore the contract. What Whitaker said she did not know is that Moore, as the powerful Rules Committee chairperson, had earlier helped Hunter with a controversial development that was in danger of failing.

Oklahoma: Oklahoma Ethics Commission Hit with Federal Lawsuit Over Gift Rules
The Oklahoman – Nolan Clay | Published: 9/26/2018

The Institute for Justice is asking a federal judge to find Oklahoma’s gift-giving restrictions do not apply to informational materials. Over the last few years, the state Ethics Commission has imposed stricter rules on what lobbyists and the organizations they represent can give to lawmakers and other state officials. Under the current rules, the institute could give a book to a state government official in recognition of a special occasion like election to office if the book costs $100 or less. It also could give a state official a $10 book once a year. In light of those limitations, it is “effectively impossible” for the organization to distribute a copy of the book “Bottleneckers: Gaming the Government for Power and Private Profit,” which is valued at $15, to educate lawmakers, the institute’s attorneys said.

Oklahoma: Oklahoma Supreme Court Rejects Ethics Commission Request for More Money
The Oklahoman – Nolan Clay | Published: 9/25/2018

The Oklahoma Supreme Court rejected the state Ethics Commission’s request for more funding. The commission chairperson has accused legislators of cutting the agency’s appropriation because stricter rules had been imposed on their conduct. The commission asked the justices to take action to get it enough money to perform at least its basic duties. It complained lawmakers have underfunded it for years in violation of the Oklahoma Constitution. To avoid running out of money, the commission is now charging candidates, lobbyists, PACs, and others more to register.

Tennessee: Nashville Judge Rules Against State in Lawsuit Over ‘Blackout Period’ for PACs
The Tennessean – Joey Garrison | Published: 9/27/2018

Davidson County Chancellor Ellen Hobbs Lyle struck down a Tennessee law that prohibits nonpartisan PACs from giving campaign contributions within 10 days of an election. Under the law, only committees controlled by a political party have been able to donate to candidates 10 days out from an election. “Elected officials and political parties cannot lawfully censor disfavored political speakers while reserving special treatment in the political process for themselves,” said Daniel Horwitz, an attorney for Tennesseans for Sensible Election Laws. Deputy Attorney General Janet Kleinfelter said the state intends to appeal the decision.

Campaign Finance

National: “Dems Offer Resolution to Force Vote to Overturn IRS Guidance Limiting Donor Disclosure” by Naomi Jagoda for The Hill

Canada: “Vancouver Shows B.C. Is Still the Wild West of Election Advertising” by Frances Bula for The Globe and Mail

Montana: “State Auditor Rosendale Dropped Fines Against Top Campaign Donor” by John Adams (Montana Free Press) for Missoula Current

Ethics

National: “Justice Department Issues Indictment for 2013 Congressional Trip to Azerbaijan” by Katharine Tully-McManus for Roll Call

Missouri: “Clean Missouri Will Be on November Ballot After High Court Refuses to Hear Challenge” by Alison Kite for Kansas City Star

North Carolina: “NC House Speaker Tim Moore’s Legal Contract with Start-Up Raises Questions” by Dan Kane for Raleigh News and Observer

Oklahoma: “Oklahoma Supreme Court Rejects Ethics Commission Request for More Money” by Nolan Clay for The Oklahoman

Legislative Issues

Missouri: “Term Limits Have Been ‘a Disaster’ for Missouri, Say Many State Leaders” by Jason Hancock for Kansas City Star

National:

These State Lawmakers Are Running Unopposed, but Still Rake in Campaign Cash
Center for Public Integrity – Sanya Mansoor, Liz Essley Whyte, and Joe Yerardi | Published: 9/19/2018

There are at least 26 legislative leaders in statehouses across America who are collecting campaign donations despite running unopposed this year. The safe lawmakers represent an attractive prospect for lobbyists and power-seekers: the sure bet. Contributions to these influential politicians can buy face time and favor with those who set state legislative agendas, experts say. The money also compounds their power. Legislative leaders use their accounts to buy presents to thank supporters, for example, or give to fellow lawmakers’ campaigns to reward them for voting with their party.

Federal:

Foreign Lobbying Overhaul Loses Steam in Congress
Politico – Marianne Levine and Josh Gerstein | Published: 9/17/2018

Amid partisan clashes and pushback from foreign-owned companies, the push to strengthen the Foreign Agents Registration Act (FARA) appears to be going nowhere as multiple bills have stalled. Foreign companies with American subsidiaries feared the changes would force their lobbyists to register as foreign agents, which would require them to disclose every meeting and phone call they made on behalf of overseas clients rather than under the less-restrictive disclosure rules for domestic lobbyists. “There’s these very fierce efforts to maintain the status quo,” said U.S. Rep. Mike Johnson, one of the lawmakers pushing to overhaul FARA.

Manafort Plea Deal Casts New Scrutiny on Lobbyists He Recruited
WRAL – Kenneth Vogel (New York Times) | Published: 9/14/2018

Paul Manafort recruited the Podesta Group and Mercury Public Affairs to aide a pro-Russian nonprofit in Ukraine, an arrangement intended to obscure the identity of the ultimate beneficiary of the lobbying, Ukrainian President Viktor Yanukovych. Relying on the word of the Ukrainian group, the firms initially registered their representation under congressional lobbying disclosure rules. Now, that work, and the decision not to disclose it under the Foreign Agents Registration Act, has turned the Podesta Group and Mercury, along with Skadden, Arps, Slate, Meagher & Flom, into subjects of interest in a series of probes. The new evidence was included in updated charges filed against Manafort in connection with his guilty plea. The evidence Robert Mueller’s team unveiled could help prosecutors in New York build cases against the firms.

Political Nonprofits Must Now Name Many of Their Donors Under Federal Court Ruling after Supreme Court Declines to Intervene
Chicago Tribune – Michelle Ye Hee Lee and Robert Barnes (Washington Post) | Published: 9/18/2018

The U.S. Supreme Court denied a request from a conservative political group to temporarily block a lower court ruling which would force it to disclose its donors. The request for a stay had initially been entered by Chief Justice John Roberts after Crossroads GPS disputed an earlier ruling that invalidated an FEC regulation allowing donors to remain anonymous. In the order from the full court, the justices refused to further delay the U.S. District Court for the District of Columbia’s decision to invalidate the regulation. The original decision required “dark-money” groups that spend at least $250 in independent expenditures to report every donor who gave at least $200 in the past year.

Senate Candidates to Start Electronically Filing Campaign Finance Reports, Pending President Approval
Center for Responsive Politics – Kaitlin Washburn | Published: 9/19/2018

Federal lawmakers passed a bill that would require U.S. Senate candidates to file their campaign finance disclosures directly to the FEC, rather than on paper with the secretary of the Senate. The provision is part of a larger appropriations bill that now awaits President Trump’s signature. House of Representatives and presidential candidates have been electronically filing their disclosure reports since 2001. The Center for Public Integrity found numerous mistakes produced by the Senate’s archaic system. The investigation found errors in more than 5,900 candidate disclosures and were all traced back to the conversion of paper filings to electronic data.

Ted Cruz’s Campaign Marked a Fund-Raising Letter an Official ‘Summons.’ It Wasn’t Against the Rules.
WRAL – Liam Stack (New York Times) | Published: 9/17/2018

The FEC said U.S. Sen. Ted Cruz’s re-election campaign did not violate any regulations when it sent out a fundraising letter designed to look like a legal summons. “SUMMONS ENCLOSED –OPEN IMMEDIATELY,” is written across the front in capital letters. The envelope does state the letter is from a campaign and includes a return address for the Cruz campaign’s Houston post office box. FEC spokesperson Myles Martin said the relevant question was whether a mailing contains a disclaimer saying it came from a political campaign. Aside from that, Martin said, “the FEC’s regulations don’t speak to how candidates may choose to word particular solicitations to potential contributors.” Cruz is locked in an unexpectedly tight race against U.S. Rep. Beto O’Rourke.

From the States and Municipalities:

Georgia: Court Declines to End Paperless Voting in Georgia Before Midterms
Politico – Eric Geller | Published: 9/18/2018

U.S. District Court Judge Amy Totenberg ruled Georgia need not replace paperless voting machines before the midterm elections, dealing a blow to security activists even as the judge acknowledged the machines are not secure and continuing to use them may infringe on voters’ constitutional right to a free and fair election. Switching to paper at this late date, state and county officials argued, would throw the election into chaos and cause voter confusion. The case will now proceed and deal with the plaintiffs’ constitutional arguments, and Totenberg warned Secretary of State Brian Kemp that his concerns about a chaotic election s will “hold much less sway in the future.”

Illinois: U.S. Appeals Court Upholds Illinois Campaign Finance Limits
State Journal-Register (Associated Press) | Published: 9/13/2018

A federal appeals court upheld Illinois’ campaign contribution limits. The Seventh Circuit U.S. Court of Appeals ruled the caps set in a 2009 law do not violate First Amendment free-speech rights. Illinois Liberty PAC had argued limits on individuals’ contributions should not be lower than those for corporations or unions.

Missouri: In Latest Legal Twist, Ethics Reform Question Back on Missouri Ballot
St. Louis Post-Dispatch – Kurt Erickson | Published: 9/18/2018

A state appeals court put an ethics reform package back on the November ballot. The Missouri Western District Court of Appeals ruled that Amendment 1 can stay on the ballot pending future court decisions. The referendum asks whether voters want to tighten campaign contribution limits, ban lobbyist gifts, institute a two-year waiting period for lawmakers-turned-lobbyists, start a new redistricting system in 2020, and require lawmakers to adhere to the Sunshine Law.

Nevada: Las Vegas Judge Nullifies Results of Republican Election
Las Vegas Review-Journal – Ramona Giwargis | Published: 9/18/2018

Jason Burke defeated Mack Miller by 122 votes in the June 12 primary for a seat in the Nevada Assembly, but Clark County District Judge Jim Crockett signed an order that nullified the election, saying Burke did not file campaign finance reports on time. State law states an election may be contested if the winner was not eligible for office, illegal votes were cast, or valid votes were not counted. The secretary of state’s office said the failure to file campaign finance reports is not an automatic disqualifier.

New York: Watchdog’s Bark Silent for Cuomo
WRAL – Chris Bragg (Albany Times Union) | Published: 9/18/2018

When a sworn complaint is filed with New York Joint Commission on Public Ethics (JCOPE), the law requires the agency to send any subject of such an ethics complaint a letter outlining possible legal violations and giving them 15 days to respond. Sworn complaints have been submitted requesting that JCOPE launch investigations Joseph Percoco’s possible use of government resources while he was managing Gov. Andrew Cuomo’s 2014 campaign, as well as the governor’s potential knowledge of those activities. But the Cuomo administration and campaign have not received a 15-day letter from JCOPE. David Grandeau, the state’s former top lobbying official, said that means there is “now no doubt that JCOPE is not following the law.”

Pennsylvania: Pennsylvania’s Ban on Gambling Contributions Struck Down
PennLive.com – Marc Levy (Associated Press) | Published: 9/19/2018

U.S. District Court Judge Sylvia Rambo overturned Pennsylvania’s ban on political contributions from people involved in the gaming industry, ruling the law aimed at curbing the influence of casino interests was too broad. But the judge did not close the door on lawmakers reviving a similar prohibition that is narrower in scope and tailored to the purpose of fighting corruption. The U.S. Supreme Court, Rambo wrote, has ruled that preventing corruption, or the appearance of corruption, is the only appropriate reason to justify restrictions on political donations. The Pennsylvania Supreme Court threw out the ban in 2009, which initially outlawed large campaign contributions from key parties in the gaming industry. Lawmakers responded by banning all donations.

Campaign Finance

National: “Cities Take Aim at the Spiraling Costs of Local Elections” by Sarah Holder for CityLab

Kansas: “Feds: Sen. Hutchinson stole campaign funds; spent money on cruises, jewelry and Netflix fees” by Wesley Brown for talkbusiness.net

Kentucky: “Father of Alison Lundergan Grimes Indicted in Campaign Finance Conspiracy” by Daniel Desrochers and Bill Estep (Lexington Herald-Leader) for McClatchy DC

Wisconsin: “Secret Cash Aided Politicians Who Rewrote Wisconsin Law to Block Claims of Lead-Poisoned Children” by Pawan Naidu (Wisconsin Center for Investigative Journalism) for Wisconsin Public Radio

Elections

Illinois: “Chicago Mayor Rahm Emanuel Says He Won’t Run for Re-Election Next Year” by Bill Ruthhart for Chicago Tribune

Ethics

National: “Democrats, Eyeing a Majority, Prepare an Investigative Onslaught” by Nicholas Fandos (New York Times) for MSN

National: “As the Legislative Year Ends, the #MeToo Movement Shows Its Influence” by Melanie Mason for Los Angeles Times

New York: “How a Cuomo Donor Spent $25M in Public Funds It Didn’t Need” by Chris Bragg for Albany Times Union

Legislative Issues

National: “Former U.S. Sen. Jon Kyl Will be John McCain’s Successor in the U.S. Senate” by Yvonne Wingett Sanchez and Maria Polletta (Arizona Republic) for USA Today

National:

Democratic Embrace of Diverse Candidates Collides with Barbed Politics of Trump Era
WRAL – Jeremy Peters (New York Times) | Published: 8/29/2018

The diverse cast of Democratic candidates this year is setting up a striking contrast for voters at a time when some in the Republican Party, taking their cues from President Trump, are embracing messages with explicit appeals to racial anxieties and resentment. The result is making racial and ethnic issues and conflicts central in the November elections in a way that is far more explicit than the recent past. Racial discord has never been far from the surface of American politics. But any effort by Republicans in recent years to tread lightly around racially sensitive issues has been tossed aside by Trump, who has created a permission structure for other politicians to mimic his behavior, political strategists said.

Women in Politics Often Must Run a Gantlet of Vile Intimidation
WRAL – Maggie Astor (New York Times) | Published: 8/23/2018

A record number of women ran or are running in 2018 for the Senate, House, and governorships. Many more are running for state Legislatures and local offices. In the process, they are finding that harassment and threats, already common for women, can be amplified in political races – especially if the candidate is a member of a minority group. No independent organization appears to formally track incidents of harassment, and the Democratic and Republican National Committees did not respond to inquiries asking whether they did. But several groups that work with candidates said they routinely provided personal safety training.

Federal:

Candidates Say ‘I Approve This Message’ Because of John McCain
Roll Call – Kate Ackley | Published: 8/25/2018

The Bipartisan Campaign Reform Act survived a well-funded legal challenge in 2003 only to suffer subsequent and major rollbacks in court and at the FEC. While the long effort to enact the law made U.S. Sen. John McCain a pariah in some GOP circles, it remains a significant legacy of the self-declared maverick lawmaker and 2008 Republican presidential nominee. In addition to banning large corporate donations to the party committees, the law also required candidates to say they approved their campaign ads.

Microsoft Hopes to Protect Candidates Without Violating Campaign Contribution Law
Seattle Times – Tim O’Brien (Associated Press) | Published: 8/23/2018

Microsoft requested an FEC advisory opinion to make sure the company’s new free package of online security protections for “election-sensitive” customers does not count as an in-kind campaign contribution. Corporations are typically barred from donating to federal candidates and political committees under federal law. Microsoft said it is offering its AccountGuard service on a nonpartisan basis to federal, state, and local candidates, party committees, and certain nonprofit groups. The company told the commission it might also work with other tech firms on coordinated election security efforts, though no agreements have been made.

When Is an Offense Impeachable? Look to the Framers for the Answer
MSN – Adam Liptak (New York Times) | Published: 8/22/2018

The campaign finance violation President Trump’s former lawyer accused him of – arranging to pay hush money to influence an election – may be the sort of offense the drafters of the Constitution meant to cover in granting Congress the power to impeach and remove a president. Misconduct before assuming office is not typically a fit subject for impeachment, legal scholars said. But there is one important exception. “The main and possibly only form of pre-Inauguration Day conduct that would properly qualify as an impeachable offense is conduct relating directly to the acquisition of the presidential office,” said Joshua Matz, an author of “To End a Presidency: The Power of Impeachment.”

From the States and Municipalities:

Alabama: Ethics Law Changes Mulled by Revision Commission
Montgomery Advertiser – Brian Lyman | Published: 8/28/2018

The ruling that upheld former House Speaker Mike Hubbard’s conviction on 11 of 12 corruption charges underscored the need to tighten the language in Alabama’s ethics law, state Attorney General Steve Marshall said. The Alabama Code of Ethics Clarification and Reform Commission met to discuss the outlines of changes to the law, including the definition of a principal, which is defined as a company or person that hires a lobbyist; what lobbyists and elected officials can and cannot give; and the punishments for violating the law. Seven of the counts against Hubbard were for receiving money or favors from principals. The appeals court did not find fault with his convictions but said there could be “a serious constitutional issue” in other cases without more clarity in the law.

California: Booze Fuels Business – and Bad Behavior – at California Capitol
Sacramento Bee – Alexei Koseff and Taryn Luna | Published: 8/29/2018

Mixing work with alcohol has been a fundamental part of the culture in Sacramento for decades. But the blurred lines between business hours and playtime have given way to bouts of excess, from drunk driving to sexual misconduct to addiction. Fundraisers are a daily occurrence at the downtown bars and restaurants around the Capitol; there were 19 evening functions over the course of three days recently, according to the Capitol Morning Report, including a “margarita mixer” and a “tequila tasting.” Lawmakers note they are largely stuck away from home for three or four nights a week with not much else to do. Many lobbyists believe these receptions are where the real work gets done.

Colorado: Campaign Financing in Denver Could Look Different Come 2020 – It’s Up to Voters Now
Denverite – Estaben Hernandez | Published: 8/27/2018

The Denver City Council approved a campaign finance reform measure for the November ballot. The proposal would establish a public financing system, with eligible candidates receiving a nine-to-one match of donations up to $50. It would lower donation limits for individuals to candidates seeking city offices, and prohibit direct campaign contributions from corporations, limited liability companies, and labor groups.

Georgia: Georgia County Rejects Plan to Close 7 Polling Places in Majority-Black Area
New York Times – Richard Fausset | Published: 8/23/2018

Election officials in a majority black Georgia county voted to scrap a widely condemned proposal to eliminate most of their polling places in the runup to the November election. An independent consultant recommended the consolidation said the seven polling places in question do not comply with the Americans with Disabilities Act (ADA). The polling places in question had all been used for the primary election in May and the primary runoff election in July, and critics said officials should have been aware of the compliance issues. Civil Rights and Voting groups applauded the decision but said the episode demonstrates the need to restore Voting Rights Act protections that were tossed out by the U.S. Supreme Court in 2013.

Maine: Ethics Commission Says Slashing Casino Campaign Fine Was in State’s Best Interests
Lewiston Sun Journal – Scott Thistle (Portland Press Herald) | Published: 8/30/2018

Maine’s ethics commission voted to settle penalties for campaign finance violations with two backers of a failed 2017 casino referendum, making them pay $100,000 of the $500,000 in fines the state assessed last year. The referendum would have given rights to the casino to a company run by developer Shawn Scott, but the commission levied penalties for late financial filings against four committees run by his sister, Lisa Scott of Saint Kitts and Nevis. The commission said her offshore residence would make it hard to recoup the full $500,000. Under the agreement, Lisa Scott’s committees will have to pay $50,000, and Cheryl Timberlake, a lobbyist who served as treasurer for one of the committees, will have to pay the rest.

Missouri: Buying Influence: Do dark money, lobbyist gifts affect Missouri legislators’ policy?
Kansas City Star – Alison Kite and Jason Hancock | Published: 8/27/2018

Whether lobbyists should be able to provide Missouri lawmakers with expensive gifts and meals is being debated in Jefferson City. Asked what they wanted to know about political corruption and transparency in Missouri, Kansas City Star readers wanted to know whether gifts and campaign contributions, including those made by “dark-money” organizations, could influence legislators to the detriment of the state. The newspaper’s panel of dozens of leaders from across Missouri expressed concern about the potential for lobbyist gifts to influence legislators, but some argued they were not significant enough to affect policy solutions.

North Carolina: CEOs Gave Heavily During Legislative Session, Exposing Loophole in NC’s Fundraising Ban
WRAL – Travis Fain and Tyler Dukes | Published: 8/29/2018

North Carolina law lets top corporate executives donate to campaigns during General Assembly sessions even as it bans contributions from the companies themselves year-round and forbids anyone who contracts directly with a lobbyist from giving during a session. During this year’s six-week regular session, more than $1.1 million flowed into state legislators’ campaign accounts. The total increases if the week before the session is counted, which is traditionally a time for fundraisers, as PACs with lobbyists deliver checks just under the wire. Marshall Hurley, a former general counsel for the state Republican Party, said even the concept of an in-session ban is problematic. “All it’s really done is change the date of the check – does that really alter behavior?” Hurley said.

North Carolina: Judges’ Ruling on Election Map Plunges North Carolina Politics into Disarray
WRAL – David Zucchino and Richard Fausset (New York Times) | Published: 8/28/2018

A three-judge panel struck down North Carolina’s congressional redistricting map as an unconstitutional partisan gerrymander. Among the court’s proposed remedies are redrawing the districts before November and holding a general election without a primary election, or redrawing the districts, holding a primary election in November and holding a general election sometime before Congress is seated in January 2019. The court also said it might allow the General Assembly another chance at redrawing the districts. The state’s political experts and power brokers had already been expecting a political brawl this year. With the rule book now in tatters, they essentially threw up their hands. “We’re wandering in the political pines, searching for directions,” said Michael Bitzer, a political science professor at Catawba College.

Ohio: FBI Investigation: Ex-Ohio Speaker Cliff Rosenberger suspected of bribery, extortion
Cincinnati Enquirer – Jessie Balmert and James Pitcher | Published: 8/27/2018

Documents show former Ohio House Speaker Cliff Rosenberger is under federal investigation for possible extortion and bribery. While it was known since he resigned in April that the FBI was investigating Rosenberger’s overseas trips with lobbyists for the payday-lending industry, the release of search warrants and other documents painted a clearer picture of what investigators are targeting. Officials were looking for “communications or information concerning: payday lending legislation; evidence of payments, kickbacks, bribes, or other benefits (such as payment of travel-related expenses),” according to the records provided by the Ohio House. A federal grand jury has been meeting in Cincinnati to review the matter.

Texas: Ethics Commission Finds Lobbyist Innocent
El Paso Inc. – David Crowder | Published: 8/27/2018

When he received a letter from a lobbyist containing an apology and offer of five baseball tickets, El Paso Rep. Henry Rivera said the first thing that came to his mind was: “He is trying to bribe me.” Rivera filed a police report and ethics complaint accusing Jeremy Jordan of violating the city’s ethics code, lobbyist regulations, and possibly state law against attempted bribery over the letter. The El Paso Ethics Review Commission chastised Jordan but found him innocent of the ethics code violation that Rivera lodged against him in May.

Campaign Finance

National: “Independents Uneasy About Taking Cash, Even from Indie Group” by Marina Villeneuve (Associated Press) for St. Louis Post-Dispatch

California: “It’s an Election Year, and California’s Campaign Watchdogs Are Busy Fighting Among Themselves” by Taryn Luna for Sacramento Bee

Elections

National: “Voting Rights Advocates Used to Have an Ally in the Government. That’s Changing.” by Michael Wines (New York Times) for MSN

Michigan: “Michigan Senate Winner Still Shrouded in Mystery Following Primary Shocker” by Jonathan Oosting for Detroit News

Ethics

National: “Representative Chris Collins Suspends Bid for Re-election After Insider Trading Charges” by Shane Goldmacher (New York Times) for WRAL

California: “Ethics Commission Levies Hefty Fine for ‘Egregious’ Conflict-of-Interest Violations” by David Garrick for San Diego Union Tribune

Hawaii: “Maui Ethics Board Warns Against Accepting Tournament Gifts” by Associated Press for Sacramento Bee

Lobbying

National: “Lax State Ethics Rules Leave Health Agencies Vulnerable to Conflicts” by Brianna Ehley, Sarah Karlin-Smith, Rachana Pradhan, and Jennifer Haberkorn for Politico

State and Federal Intern Greta Conley delivers the fastest 2 minutes in government relations news in this weeks NYCU Video Digest!

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.

Federal:

Alleged Russian Agent Ordered to Remain in Custody After Prosecutors Argue She Has Ties to Intel Agency
MSN – Tom Jackman and Rosalind Helderman (Washington Post) | Published: 7/18/2018

A Russian national arrested on charges of acting as an illegal foreign agent was in contact with Russian intelligence services, federal prosecutors argued, offering details about what they say was a wide-ranging influence campaign in the U.S. The court filings add to the portrait of Maria Butina, who the Justice Department says worked covertly to establish back-channel lines of communication to the Kremlin and infiltrate American political organizations, including the National Rifle Association, and gather intelligence for a senior Russian official. Prosecutors also alleged she had a personal relationship with an American political operative and offered sex to another person in exchange for a position with a special interest organization.

From the Start, Trump Has Muddied a Clear Message: Putin interfered
MSN – David Sanger and Matthew Rosenberg (New York Times) | Published: 7/18/2018

Before his inauguration, Donald Trump was shown highly classified intelligence indicating Russian President Vladimir Putin had personally ordered cyberattacks to sway the 2016 American election. The evidence included texts and emails from Russian military officers and information gleaned from a top-secret source close to Putin, who had described to the CIA how the Kremlin decided to execute its campaign of hacking and disinformation. Trump sounded grudgingly convinced, according to several people who attended the briefing. But ever since, Trump has tried to cloud the clear findings he received on January 6, 2017, which his own intelligence leaders have unanimously endorsed.

IRS Will No Longer Require Certain Nonprofits to Disclose Large Donors
WRAL – Patricia Cohen, Kenneth Vogel, and Jim Tankersley (New York Times) | Published: 7/17/2018

The U.S. Treasury Department will no longer force some tax-exempt organizations to identify their donors. The new rule will affect labor unions, social clubs, trade organizations, and politically active advocacy groups. The names of donors to these nonprofit groups have not been publicly available, but the organizations were required to disclose the information to the IRS. These groups generally do not operate as charities, however, and their donors do not receive tax deductions in exchange for their contributions. As a result, Treasury Secretary Steven Mnuchin said the IRS does not need their donor information to police tax laws.

From the States and Municipalities:

Arizona: Arizona Rep. Paul Mosley Accused of Inappropriate Comments Involving Women, Religion
Arizona Republic – Rachel Leingang and Yvonne Winget Sanchez | Published: 7/16/2018

Arizona Rep. Paul Mosley made inappropriate comments about marital status, working mothers, and religion to several people at the Capitol while they were working, lawmakers and lobbyists said. Mosley, who has come under fire after reports of excessive speeding, has asked whether people are married, why they do not have children, and why working mothers are not, instead, home with their children. The recollections of encounters with Mosley come as the statehouse continues to grapple with a culture that some have deemed sexist and demeaning toward women. And some lawmakers have said they are uncomfortable with Mosley’s aggressive manner in pushing for legislation, some of which could personally benefit him.

Arizona: Mistrial Declared in Bribery Case Involving Arizona Corporation Commission
Arizona Republic – Michael Kiefer and Ryan Randazzo | Published: 7/17/2018

The influence-peddling trial of former Arizona Corporation Commissioner Gary Pierce ended in a mistrial after jurors deadlocked on charges he accepted bribes from a water company owner in exchange for favorable regulatory decisions. A mistrial also was declared for Pierce’s wife, Sherry, water company owner George Johnson, and lobbyist Jim Norton. Prosecutors alleged Gary Pierce helped pass a rate increase and a beneficial tax policy for Johnson Utilities in exchange for $31,500 paid to his wife. The payments were made under the guise of consulting work and were funneled through the office of Norton’s wife. The indictment also alleged Johnson was going to fund the purchase of real estate worth $350,000 for Gary Pierce. Norton, who lobbied on Johnson’s behalf, was accused of facilitating the bribery scheme.

California: State Supreme Court Removes Measure to Split California into Three States from November Ballot
Los Angeles Times – Maura Dolan | Published: 7/18/2018

The California Supreme Court blocked a proposal to split California into three states from appearing as a ballot measure in November. The proposal, championed by venture capitalist Tim Draper, had gathered at least 600,000 signatures which was enough to earn a spot on the ballot. “We conclude that the potential harm in permitting the measure to remain on the ballot outweighs the potential harm in delaying the proposition to a future election,” the court wrote. The justices also agreed to rule eventually on the measure’s constitutionality, a ruling that is likely to go against the initiative.

Florida: ‘Look Right into My Soul,’ Michael Grieco Said. But He Was Lying, Ethics Board Alleges
Miami Herald – Nicholas Nehamas | Published: 7/18/2018

The Miami-Dade Commission on Ethics and Public Trust found probable cause to charge Michael Grieco with two counts of violating a county charter provision that prohibits municipal officials from “knowingly furnish[ing] false information on any public matter.” The commission also said Grieco broke a Miami Beach ordinance against soliciting city vendors for campaign funds. The ethics panel claims Grieco, a former Miami Beach commissioner, was lying to the public when he denied involvement in a campaign fundraising operation last year and asked Miami Herald reporters to “look right into [his] soul” for the truth, which is a violation of the charter’s “truth in government” provision.

Maryland: As Governor, Larry Hogan’s Real Estate Business Continues to Thrive – Prompting Questions
Baltimore Sun – Luke Broadwater | Published: 7/12/2018

While Maryland Gov. Larry Hogan stepped aside from his firm, Hogan Companies, and turned his assets over to be managed by a trust when he took office, the governor has continued to profit. Hogan released tax returns that show he has made about $2.4 million in corporate earnings while governor. According to a review of financial disclosure forms, his corporate holdings include stakes in commercial real estate deals as well as residential and retail developments around Maryland. As Hogan seeks a second term, this arrangement has drawn criticism from Democrats, and renewed a debate about the lengths to which businesspeople-turned-politicians should wall themselves off from their private enterprises.

Massachusetts: Walsh Vetoes City Lobbying Rules, Calling Proposal ‘Inadequate’
Boston Globe – Milton Valencia | Published: 7/12/2018

Boston Mayor Martin Walsh vetoed an ordinance that would have amended the city’s lobbying law. The mayor said the reforms failed to properly define and regulate lobbying, as well as create a proper enforcement mechanism. He sent back his own versions of both the local ordinance, with revised enforcement provisions, and a home rule petition, with what he called clearer definitions of lobbying. In his veto, Walsh scrapped the council’s attempts to provide exemptions for lawyers representing residents on routine matters before a city board. The mayor called for having anyone who does any lobbying work to register, which has already caused pause among council members.

Montana: Report: Rosendale uses accounting to skirt contribution limits
Helena Independent Record – Holly Michels | Published: 7/12/2018

U.S. Senate candidate Matt Rosendale used excess donations from wealthy Republican donors to pay himself back for personal loans from a previous congressional run, then he turned around and loaned that money right back to his Senate campaign, according to campaign records. That accounting shuffle has given Rosendale a way to fund his campaign against incumbent U.S. Sen. Jon Tester with money given by donors above the individual campaign contribution limits. Campaign finance watchdogs said Thursday that what Rosendale is doing is unusual but legal, and effectively raises contribution limits from $5,400 to $8,000 for some donors.

New York: Architect of Cuomo’s Buffalo Billion Project Is Convicted in Bid-Rigging Scheme
WRAL – Benjamin Weiser and Jesse McKinley (New York Times) | Published: 7/12/2018

A federal jury convicted key players on charges related to Gov. Andrew Cuomo’s “Buffalo Billion” economic redevelopment program. The trial put a spotlight on how lucrative contracts worth hundreds of millions of dollars were awarded for redevelopment projects aimed at revitalizing upstate New York. Alain Kaloyeros, the former president of the State University of New York’s Polytechnic Institute, and his co-defendants were accused of working together to rig the open-bidding process for lucrative contracts to make sure they went to LPCiminelli and COR Development. The convictions were the latest in a string of guilty verdicts in federal corruption trials focused on state officials.

New York: Guilty, Again: Dean Skelos, former Senate leader, is convicted of corruption in retrial
WRAL – Vivian Wang (New York Times) | Published: 7/17/2018

Former New York Senate Majority Leader Dean Skelos was found guilty of using his influence to get his son jobs and payments worth hundreds of thousands of dollars. Skelos and his son, Adam, were convicted on eight counts of corruption. Dean Skelos was accused of using his influence to steer hundreds of thousands of dollars to his son through payments and low-show jobs from AbTech Industries and another company. The elder Skelos later leaned on Nassau County officials to award AbTech a $12 million contract. Dean and Adam Skelos were convicted in 2015, but those verdicts were overturned after the U.S. Supreme Court limited the definition of public corruption. Prosecutors were allowed to retry the pair under the narrowed definition.

North Carolina: Top State Leaders Fined for Illegal Campaign Contributions from Drug Company
Raleigh News and Observer – Colin Campbell | Published: 7/13/2018

Thirty-seven candidates in North Carolina were fined for accepting illegal campaign contributions from Pfizer’s PAC. The donations totaled $53,500 and were dated during the legislative session, when PACs are prohibited from giving to state office holders or candidates seeking those offices. Most of the illegal Pfizer contributions occurred in June 2016 and October 2017, when the Legislature held a special session. Each campaign must forfeit the amount of the donation, and Pfizer must pay a $53,500 fine. House Speaker Tim Moore’s treasurer wrote in a letter to the state elections board that the campaign was unaware the Pfizer checks were dated during the session because they were received after it ended.

Virginia: New Virginia Business Aims to Be Kickstarter for Political Influence
The Virginian-Pilot – Katherine Hafner | Published: 7/12/2018

A startup aims to be a sort of Kickstarter for political influence. Crowdlobby, the brainchild of University of Richmond law school graduates, recently raised $35,000 and plans to launch within the next few months. Citizens will be able to log on and contribute to an issue they care about. It has to be a specific legislative fix, not an overarching topic like education reform. Once a minimum is reached – $50,000 at the state level, $200,000 in Washington, D.C. – Crowdlobby hires a lobbyist on the donors’ behalf. Heidi Drauschak got the idea after working at a prominent Richmond lobbying firm. “I was incredibly impressed with the tool that lobbying was … but because of the price tag, the average person never considers it as an option,” Drauschak said.

Wisconsin: Questions Raised About Payment Made by Lawyer to Randy Bryce’s Ex-Girlfriend
Milwaukee Journal Sentinel – Mary Spicuzza | Published: 7/16/2018

Congressional candidate Randy Bryce owed money to his ex-girlfriend for more than a decade. That debt, which totaled about $4,200 by late last year, has since been paid. What is unclear is exactly who paid it. Bryce’s former girlfriend said last November that she was surprised when she received the check for $4,245.73. But it turns out the check was not from Bryce – it came from the law firm Halling & Cayo. The donation limit for congressional candidates is $2,700 per election, and candidates are prohibited from using campaign funds for personal use. Corporations are prohibited from making contributions to federal candidates.

National:

Ethics Charges Could Hurt Fight Against Legionnaires’ Disease
Detroit Free Press – John Wisley | Published: 7/5/2018

Conflict-of-interest charges could derail a nationwide effort to curb outbreaks of deadly Legionnaires’ disease. The U.S. Centers for Disease Control and Prevention, Department of Veterans Affairs, the New York City Department of Health and Mental Hygiene, and representatives of the Mayo Clinic have withdrawn from a scientific committee that has been working on the topic for years. At issue is NSF International, a nonprofit research company that has been coordinating an effort to develop new plumbing standards to reduce the growth of legionella bacteria inside buildings. NSF has said one of its for-profit ventures was partnering with Homeyer Consulting Services to help companies meet the new standard once it is approved.

Is This the Year Women Break the Rules and Win?
New York Times – Kate Zernike | Published: 6/29/2018

This year’s midterm elections have produced a surge of women like Alexandria Ocasio-Cortez, who defeated U.S. Rep. Joseph Crowley, across the country: progressive candidates running outsider campaigns powered by strong personal narratives and women’s activism that began with massive marches the day after President Trump’s inauguration and has grown through protests against gun violence and immigration policies that divide families. Whether other women become overnight stars like Ocasio-Cortez –or Stacey Abrams, whose win in the Democratic primary for Georgia governor – in Georgia sparked similar excitement – depends on the dynamics of each state or district.

Federal:

EPA Leader Scott Pruitt Out After Numerous Scandals
CNBC – Tom DiChristopher | Published: 7/5/2018

Environmental Protection Agency Administrator Scott Pruitt resigned after months of controversies over his lavish spending, ethical lapses, and contentious management decisions eroded President Trump’s confidence in one of his most ardent Cabinet members. Pruitt’s litany of ethics scandals included questions about taxpayer-funded first-class travel, a discounted condominium rental from a lobbyist, the installation of a $43,000 soundproof phone booth in his office, and asking staff to help search for a six-figure job for his wife. In recent weeks, an exodus of trusted staffers left Pruitt increasingly isolated, and some once-loyal Republican lawmakers wearied of defending him. There are more than a dozen federal inquiries into Pruitt’s spending and management of the agency.

News Media Paid Melania Trump Thousands for Use of Photos in ‘Positive Stories Only’
NBC News – Andrew Lehren, Emily Siegel, and Merritt Enright | Published: 7/2/2018

First lady Melania Trump reportedly earned between $100,000 and $1 million in royalties from Getty Images in 2017 for the use of photographs that under a licensing could only be used in “positive coverage.” At least 12 news organizations last year used some of the photos. Several said they were not aware the images were part of a licensing deal that profited the first lady. While it is not unusual for celebrities to sign deals governing the use of their images, it is unusual for the first lady to be party to such an agreement. Getty’s licensing agreement does not offer any hint that money is also paid to the Trumps, and the arrangement did not appear to have become public until the income was listed in President Trump’s May financial filing.

Supreme Court Defeat for Unions Upends a Liberal Money Base
Seattle Times – Noam Schreiber (New York Times) | Published: 7/1/2018

The U.S. Supreme Court ruled that requiring nonmembers to make union payments violated their First Amendment rights, since much of what unions do could be considered political activity at odds with their beliefs. In addition to unions, the decision will impact a network of groups dedicated to advancing liberal policies and candidates. Together, they have benefited from tens of millions of dollars a year from public-sector unions, funding now in jeopardy because of the prospective decline in union revenue. Liberal activists argue that closing that pipeline was a crucial goal of the conservative groups that helped bring the case. “If the progressive movement is a navy, they’re trying to take out our aircraft carriers,” said Ben Wikler, Washington director of MoveOn.org.

Trump Docket: New justice could sway court on president’s personal cases
Politico – Josh Gerstein | Published: 7/5/2018

Lawsuits pending over Donald Trump’s personal and business conduct could put his nominee to the U.S. Supreme Court in an awkward position: deciding whether to cast potentially pivotal votes on legal matters of keen importance to the president. Virtually all justices wind up ruling on policy issues affecting the president who appointed them. But Trump is enmeshed in more than half a dozen significant court cases involving everything from his alleged sexual behavior before taking office to claims his businesses are profiting from his presidency and allegations he misused funds through his charitable foundation. The justices also could be asked to rule on whether Robert Mueller’s probe of Russian interference in the 2016 election was legally authorized or whether Trump has the authority to dismiss the special prosecutor.

From the States and Municipalities:

Florida: Where Does She Live? A Miami Lawmaker’s Bizarre Attempt to Reside in Her District
Miami Herald – Sarah Blaskey and David Smiley | Published: 7/3/2018

State Sen. Daphne Campbell, longtime owner of a home inconveniently located outside the community she has represented as a member of the Florida House and Senate, has been difficult to find at home over the last 30 months. More accurately, her home has been difficult to find. That is until late June, when she switched her voter registration to a house in North Miami Beach. It is one of at least four addresses she has listed over the last six years after a statewide redrawing of House districts placed her own home outside the boundaries and forced her into a series of temporary residences. The extent to which she has actually lived at any of them is questionable.

Georgia: Campaign Contributions to Top Candidates Raise Questions
Washington Times; Associated Press –   | Published: 6/29/2018

The Atlanta Journal-Constitution found donations of more than $325,000 to Secretary of State Brian Kemp’s campaign from people tied to licensees and companies regulated by his office. The newspaper found contributions of more than $240,000 to Lt. Gov. Casey Cagle’s campaign before the beginning of the 2018 legislative session from lobbyists, members of their family, or their firms, as well as another $40,000 donated after the session ended. Kemp and Cagle are locked in a runoff for the Republican nomination for governor. Critics say donations to Kemp by people with ties to businesses under the oversight of his licensing or securities divisions could undermine the credibility of one of the state’s top regulators.

Illinois: ‘I Snookered Them’: Illinois Nazi candidate creates GOP dumpster fire
Politico – Natasha Korecki | Published: 6/29/2018

Illinois Republicans botched four opportunities to stop an avowed Nazi from representing their party in a Chicago-area congressional district. Now they are paying the price. Arthur Jones, a Holocaust denier who will appear on the November ballot as the GOP candidate against U.S. Rep. Dan Lipinski, has become campaign fodder for Democrats as they seek to defeat Gov. Bruce Rauner. And some Republicans even fear the taint from Jones‘s extremist views poses a threat to the party up and down the ticket.

Indiana: New Pay-to-Play Ban Approved
Fort Wayne Journal Gazette – Rosa Salter Rodriguez | Published: 6/28/2018

The Fort Wayne City Council overrode a veto to approve a bill that aims to prevent the appearance of “pay-to-play” practices in the awarding of certain city contracts. The ordinance prohibits “business entities” from bidding on city contracts if any officer, partner, or principal with more than a 10 percent ownership share in the entity and subsidiaries controlled by it contributes more than $2,000 a year to a political campaign of someone with ultimate responsibility for awarding city contracts.

Kentucky: Kentucky Broke Law by Blocking Poor People’s Campaign from Capitol, Beshear Says
Lexington Herald-Leader – Jack Brammer | Published: 7/2/2018

Anti-poverty demonstrators were illegally restricted from entering the Capitol in June under a policy that is not an official state regulation, Kentucky Attorney General Andy Beshear said. The opinion deferred constitutional questions raised by the policy, suggesting those could be addressed if Gov. Matt Bevin’s administration completes the process for establishing regulations on access to the Capitol. The Kentucky Poor People’s Campaign staged a series of seven demonstrations. During each standoff at the Capitol’s front door, scores of demonstrators asked if they could enter as a group. But they were blocked by a large state police presence and told of a new policy that allowed two members of the group to be in the building at a time.

New Jersey: New Jersey to Spend $5 Million on Reviving Local Journalism
WPG Talk Radio – Michael Symons | Published: 7/3/2018

New Jersey’s new state budget includes $5 million for a first-of-its-kind nonprofit effort to help finance local journalism in cities and towns where it has been decimated. Some of the money could be used to strengthen traditional media sources, such as newspapers and radio stations, and existing local websites. Funds might be used for seed investments in startups in areas without local news, or even media literacy programs. “Studies have shown what happens when local news coverage dries up or disappears. Fewer people vote. Fewer people volunteer. Fewer people run for public office. Corruption increases,” said Mike Rispoli of the media reform advocacy group Free Press.

New York: Upcoming SCOTUS Case Could Complicate NY Effort to Close Double Jeopardy ‘Loophole’
New York Law Journal – Colby Hamilton and Dan Clark | Published: 7/2/2018

The U.S. Supreme Court agreed to hear a case a case challenging the legal principle that the federal government and those of the states represent “separate sovereigns,” a long-held doctrine that has provided a work-around for state and federal prosecutors faced with constitutional double jeopardy concerns. It comes at a critical moment for supporters of changes to New York’s double jeopardy protections. Under certain circumstances, individuals close to President Trump, facing federal prosecution, could see a pardon absolve them of not only federal charges, but bar state prosecutors from bringing a similar case under New York law.

Oregon: Black Oregon Legislator Says Campaigning in Own District Triggered 911 Call
Portland Oregonian – Everton Bailey Jr. | Published: 7/3/2018

A black state representative in Oregon said one of her constituents called the police on her while she was canvassing a neighborhood in her district. Rep. Janelle Bynum said someone called the police on her to report that she “was going door to door and spending a lot of time typing on my cell phone after each house.” Bynum is up for re-election in November and said she was taking notes on her phone from conversations with constituents. A number of incidents in which police were called on people of color doing normal activities have gained widespread attention in recent months.

Virginia: Lobbying Firm to Va. Lawmakers: If you refuse Apco money, you won’t get any from us
Richmond Times-Dispatch – Patrick Wilson | Published: 6/25/2018

The law and lobbying firm Hunton Andrews Kurth said it would no longer make campaign contributions to Virginia lawmakers unless they also accept donations from one of the firm’s clients, Appalachian Power Co. The move affects legislators who signed a pledge saying they will not accept political money from the state’s regulated energy companies – Dominion Energy and Appalachian – to avoid the appearance of the companies’ undue influence on lawmakers. Whitt Clement, who heads the state government relations practice group at Hunton Andrews Kurth, said the lawmakers who do not accept contributions from Appalachian are being shortsighted because the company is an important corporate citizen in Virginia.

Campaign Finance

Alabama: “John Merrill Questions Alabama Ethics Commission’s Waivers of Fines” by Mike Cason for AL.com

Arizona: “Critics Slam Michele Reagan Over Election Funding Site ‘That Doesn’t Work’” by Dustin Gardiner for Arizona Republic

Colorado: “Judge Dismisses Campaign Complaint Against Denver Council President, Saying State Law Doesn’t Apply to City” by Jon Murray for Denver Post

Elections

National: “Court: States can purge voters who don’t vote or respond to warnings” by Richard Wolf for USA Today

Ethics

National: “Meet the Guys Who Tape Trump’s Papers Back Together” by Annie Karni for Politico

Florida: “Ousted Tallahassee City Manager Rick Fernandez Slapped with State Ethics Violations” by Jeff Burlew and Jeffrey Schweers for Tallahassee Democrat

Illinois: “Rauner Signs Ethics Overhaul Amid Harassment Allegations at the Capitol” by Monique Garcia for Chicago Tribune

Missouri: “Jean Peters Baker Declines to File Charges against Eric Greitens” by Steve Vickrodt, Bryan Lowry, and Allison Kite for Kansas City Star

Oklahoma: “Oklahoma Ethics Commission Raises Fees to Stay in Operation” by Nolan Clay for The Oklahoman

Federal:

A Courtside View of Scott Pruitt’s Cozy Ties with a Billionaire Coal Baron
MSN – Steve Eder, Hiroko Tabuchi, and Eric Lipton (New York Times) | Published: 6/2/2018

Environmental Protection Agency (EPA) Administrator Scott Pruitt enjoyed special access for a University of Kentucky basketball game last December, scoring two of the best seats in the arena in a section reserved for season-ticket holders who had donated at least $1 million to the university. Pruitt and his son sat in seats belonging to Joseph Craft III, a billionaire coal executive who has engaged in an aggressive campaign to reverse the Obama administration’s environmental crackdown on the coal industry. Pruitt’s attendance at the game followed a year of regulatory victories for Craft, who maintains close ties to Pruitt even as he has lobbied the EPA on issues important to his company, Alliance Resource Partners.

Trade Groups in Turmoil in the Trump Era
Roll Call – Kate Ackley | Published: 6/7/2018

Trade associations, traditionally the backbone of K Street’s lobbying corridor, find themselves in the throes of disruption. These multimillion-dollar organizations are clamoring for ways to boost membership, and sometimes even keep their doors open, as they work to stay relevant amid the political and policy uncertainty of Washington during the era of President Trump. A number of high-profile, highly paid association chiefs have left or are on their way out, while some groups have lost significant members or are folding into other organizations, a sign that associations feel the dual storm of political turmoil and increasing pressure from their membership.

Trump Lawyer Payments Fuel AT&T Shareholders’ Push to Know More About Political Spending
Dallas Morning News – Melissa Repko | Published: 6/6/2018

Long before AT&T found itself under fire for hiring President Trump’s personal attorney Michael Cohen, some of the company’s shareholders sent up a warning: secrecy surrounding how it spends money in Washington, D.C. could put its reputation at risk. For five years, a group of shareholders has pushed AT&T to disclose how much it funds industry groups and tax-exempt organizations that engage in political activities. Companies are facing pressure from shareholders to reveal how they spend money to influence legislation on Capitol Hill. But those concerns took on new relevancy at AT&T when it became public that the company paid $600,000 to Cohen to advise on various matters.

From the States and Municipalities:

Alabama: An Alabama Sheriff Kept $750,000 Meant to Buy Food for Inmates. Voters Just Replaced Him.
Seattle Times – Eli Rosenberg (Washington Post) | Published: 6/6/2018

Etowah County Sheriff Todd Entrekin, criticized for making money from the county jail’s food program, was defeated in a primary election. Alabama gives sheriffs money to feed each prisoner, and sheriffs got to pocket anything that is left over. It was reported that Entrekin pocketed more than $750,000 over the past three years from a source he identified as “food provisions,” according to ethics disclosures. It was also reported that Entrekin and his wife purchased a home for $740,000 in September.

California: Facebook Tried to Rein in Fake Ads. It Fell Short in a California Race.
MSN – Sheera Frenkel (New York Times) | Published: 6/3/2018

Facebook has faced difficulties as the company aims to prevent manipulation of its ad system in elections, especially as the midterms loom this November. While Facebook has introduced several measures to improve the transparency of political ads on its platform, some groups and individuals appear to be finding ways to flout the new restrictions, and company has not been able to catch them. That raises questions about whether there are other gaps.

Florida: Behind Florida’s Payments to Victims, Links to Lobbyists
Gainesville Sun – Gary Fineout (Associated Press) | Published: 6/4/2018

Of the $37.5 million in claims bills – payments to victims and families harmed by government actions – approved over the past two years, $16.9 million was awarded to victims represented by a lobbyist who is the brother of Florida’s outgoing House speaker, Richard Corcoran. Lobbying records show Michael Corcoran’ firm collected at least $89,000 in fees last year for its work on claims bills and is in line to receive tens of thousands more this year. During the 2013 and 2014 sessions, legislators did not approve a single claims bill, in part due to opposition by then-Senate President Don Gaetz, who said it seemed bills were passing based not on their substance, but the effectiveness of the lobbyists behind them.

Louisiana: Louisiana Lawmakers Are Pushing Bills That Benefit Their Own Businesses. And It’s Perfectly Legal.
ProPublica – Rebekah Allen (New Orleans Advocate) | Published: 6/6/2018

Louisiana’s ethics laws allow legislators to write, advocate for, and cast votes on bills that would enrich themselves, their relatives, and their clients, as long as others in the same affected industry would benefit similarly. Regardless of the law, watchdogs say, such advocacy is troubling. If a lawmaker steps over the line while pushing a bill to benefit himself or herself, complaints can only be brought forward by other members of the Legislature, not the public at large. “Would you want someone on a jury who will gain financially depending on the outcome of a particular decision? It just shows the craziness of our system,” said Pearson Cross, a political science professor at the University of Louisiana at Lafayette.

Missouri: In About-Face, New Missouri Gov. Parson Says He Won’t Accept Lobbyist Gifts
Kansas City Star – Jason Hancock | Published: 6/6/2018

Missouri Gov. Mike Parson will abide by an executive order signed by his predecessor last year that prohibits him from accepting any gifts from lobbyists. The ban extends to his taxpayer-funded staff as well. The announcement is an about-face for Parson, who was the only statewide elected official to take any lobbyist gifts in 2017. During his six years in the state Senate, Parson and his staff accepted more than $30,000 worth of lobbyist gifts. The order also prohibits staff members from lobbying the administration upon termination of their employment.

Oregon: Former Oregon First Lady Cylvia Hayes to File for Bankruptcy, Attorney Says
Portland Oregonian – Jeff Manning and Hillary Borrud | Published: 6/6/2018

Cylvia Hayes, Oregon’s former first lady, will file for bankruptcy, in part to get out from under about $125,000 in debts and penalties she accrued in her legal battle to keep her emails secret. The Oregon Government Ethics Commission found Hayes misused her position as first lady and a policy adviser to secure consulting contracts worth more than $200,000. Her lawyers and the commission are now trying to reach a settlement on the fines, which could run as much as $110,000.

South Carolina: Longtime Richland Sen. Courson Resigns, Enters Guilty Plea in Corruption Probe
The State – John Monk | Published: 6/4/2018

South Carolina Sen. John Courson pleaded guilty to a corruption charge and resigned his seat. He also agreed to cooperate in the investigation of corruption at the statehouse that has resulted in guilty pleas and resignations from three other lawmakers. Courson’s plea came as his trial was about to begin on charges of misconduct in office and converting campaign money for his personal use. He said he sent campaign contributions to his political consultant, Richard Quinn & Associates, who would give him a portion back to cover years of unpaid personal campaign reimbursements. State law does not allow candidates to do that. Courson also failed to itemize the reimbursements on his disclosure reports.

South Carolina
S.C. Attorney General Alan Wilson Hasn’t Severed Ties to Controversial Quinn Family
Greenville News – Kirk Brown (Anderson Independent Mail) | Published: 6/4/2018

Despite years of negative publicity and withering criticism from political rivals, South Carolina Attorney General Alan Wilson has not cut his financial ties to the controversial Quinn family. As part of his bid for a third term, records show Wilson has made $117,000 in campaign expenditures since 2015 to Richard Quinn & Associates, Richard Quinn’s daughter, Rebecca Mustian, and her company, Spring Strategies. Those payments came while Richard Quinn, his firm, and his son, former state Rep. Rick Quinn, were at the center of a statehouse corruption probe. Mustian was not implicated in the investigation.

Washington: Facebook and Google Get Sued by Washington State Over Political Ads
Governing – Jim Brunner (Tribune News Service) | Published: 6/4/2018

Washington Attorney General Bob Ferguson filed campaign finance lawsuits against Google and Facebook, alleging the companies “failed to maintain legally required information on Washington state political advertising” placed online since 2013. Ferguson said companies that accept political advertising are required to keep tabs on who buys the advertising, and make that information available to the public. Collected information includes the name of the candidate or measure, dates the ads ran, who sponsored it, and the total cost spent. Once focused largely on television, campaigns have increasingly turned to online advertising in recent elections.