![](http://stateandfed.com/wp-content/uploads/2010/06/Jim-Sedor.jpg)
![](http://stateandfed.com/wp-content/uploads/2010/06/Jim-Sedor.jpg)
April 9, 2018 •
The Kansas Legislature adjourned its legislative session on Sunday, April 8, 2018. During the late hours of the session, lawmakers approved an increase in spending for education in response to a court order. The bill has been publicly supported by […]
The Kansas Legislature adjourned its legislative session on Sunday, April 8, 2018.
During the late hours of the session, lawmakers approved an increase in spending for education in response to a court order.
The bill has been publicly supported by Gov. Jeff Colyer. The Legislature will reconvene on April 26.
April 9, 2018 •
Campaign Finance National: “Facebook’s New Rules Aim to Thwart the Kind of Ads Bought by Russian Trolls During the Election” by Tony Romm for Washington Post Arizona: “Ducey Signs Bill Overriding Local Laws on Certain Campaign-Finance Disclosures” by Howard Fischer […]
Campaign Finance
National: “Facebook’s New Rules Aim to Thwart the Kind of Ads Bought by Russian Trolls During the Election” by Tony Romm for Washington Post
Arizona: “Ducey Signs Bill Overriding Local Laws on Certain Campaign-Finance Disclosures” by Howard Fischer (Capitol Media Services) for Arizona Daily Star
Ohio: “Critics Say Rep. Jim Renacci May Have Used ‘Straw Donor’ Scheme to Fund State Campaign Account” by Deirdre Shesgreen (USA Today) for Cincinnati Enquirer
Ethics
National: “Mueller Probe Tracking Down Trump Business Partners, with Cohen a Focus of Queries” by Kevin Hall, Ben Wieder, and Greg Gordon for McClatchy DC
Colorado: “Sexual Harassment, Misconduct Prevalent but Largely Unreported at Colorado Capitol, New Report Finds” by John Frank and Jesse Paul for Denver Post
West Virginia: “WV Ethics Commission Takes Issue with New Public Service Volunteer Law” by Phil Kabler for Charleston Gazette-Mail
Legislative Issues
Hawaii: “What’s Up with All the Gut-And-Replace Trickery at The Legislature This Year?” by Nathan Eagle for Honolulu Civil Beat
Lobbying
National: “Lobbyist Tied to Pruitt’s Condo Had Roster of Clients Facing EPA” by Jennifer Dlouhy and Jennifer Jacobs for Bloomberg.com
Canada: “Facebook Claims Its Very Busy Man in Ottawa Is Not a Lobbyist” by Murad Hemmadi for Macleans.ca
April 6, 2018 •
Lots of legislatures adjourning this past week. Find out what they did to finish out their 2018 sessions in this weeks News You Can Use Video Digest.
Lots of legislatures adjourning this past week. Find out what they did to finish out their 2018 sessions in this weeks News You Can Use Video Digest.
April 6, 2018 •
National: Young Women Help Lead Campaigns to Success at the Polls New York Times – Michael Tackett | Published: 4/2/2018 Hillary Clinton’s loss in the presidential election prompted a surge of Democratic women running for office this year, and right […]
National:
Young Women Help Lead Campaigns to Success at the Polls
New York Times – Michael Tackett | Published: 4/2/2018
Hillary Clinton’s loss in the presidential election prompted a surge of Democratic women running for office this year, and right behind them, a new legion of young women managing campaigns. With a seat at the head of the table, they will be responsible for strategy, message, staff, and creating networks for future campaigns. This year, 40 percent of the campaign managers for Democratic congressional candidates are women. In contrast, Kelly Dittmar, a political scientist at Rutgers University’s Center for American Women and Politics, recalled excising data on female campaign consultants from a book she wrote in 2010 because the numbers were too small to be statistically reliable.
Federal:
Pruitt Had a $50-a-Day Condo Linked to Lobbyists. Their Client’s Project Got Approved.
Anchorage Daily News – Eric Lipton (New York Times) | Published: 4/2/2018
Williams & Jensen, the lobbying firm at the center of the controversy surrounding Environmental Protection Agency (EPA) Administrator Scott Pruitt’s $50-a-night Washington, D.C. apartment, has assisted oil and gas companies in navigating the agency’s environmental regulations. The wife of J. Steven Hart, chairperson of the lobbying firm, had allowed Pruitt to use her apartment in a pricey neighborhood as he needed it, for $50 a night last year. The EPA signed off last March on a Canadian energy company’s pipeline-expansion plan, even though the agency, at the end of the Obama administration, had moved to fine Calgary-based Enbridge $61 million in for an oil spill. Williams & Jensen was registered to lobby for Enbridge at the time of the EPA action.
Top Government Ethics Chief Walter Shaub and Staff Used Headspace Meditation App to Deal with Stress of Working Under Trump
CNBC – Dan Mangan | Published: 3/29/2018
To help staff members deal with stress from working under President Trump, former Office of Government Ethics Director Walter Shaub said he started holding daily group meditation sessions. Shaub, who resigned in July, said at least six of about 70 staffers regularly attended the 10-minute meditation breaks he held with the Headspace app, which guides users through breathing and relaxing imagination exercises. “The problem is the direct assault on the ethics program which is the thing that every person in that room had committed their lives to,” Shaub said.
From the States and Municipalities:
Alabama – Controversial Economic Developer Bill Goes to Gov. Kay Ivey
Montgomery Advertiser – Brian Lyman | Published: 3/29/2018
Alabama legislators passed a bill that opponents said would carve a loophole in the state’s ethics law. House Bill 317 exempts economic developers from having to register as lobbyists. Supporters said it would help Alabama recruit employers who value confidentiality in their search for project sites. Lobbyists must file public reports that list their clients, file quarterly activity reports, and meet other requirements. Rep. Chris England said the bill would weaken the law. “It creates a set of people who are lobbying but don’t have to register as lobbyists,” England said.
Alabama – State Rep, Former AL GOP Chairman Arrested on Bribery Charges
Montgomery Advertiser – Melissa Brown | Published: 4/2/2018
State Rep. Jack Williams and Marty Connors, a lobbyist who once chaired the Alabama Republican Party, were arrested on conspiracy charges related to payments made to another lawmaker to advance a bill. The owner of Triana Health diabetes treatment centers, G. Ford Gilbert, was also arrested. Prosecutors said Gilbert paid then-House Majority Leader Rep. Micky Hammon to push legislation that would require Alabama’s dominant insurance company to cover treatments at Triana clinics. Prosecutors said Connors, who was lobbying for the bill, knew about the payments to Hammon and recruited Williams to use his position as a committee chair to hold a hearing on the bill. Williams also knew of the payments and acted to help Hammon, “who, as everyone in the scheme knew, was experiencing grave financial problems,” prosecutors said.
Arizona – ‘Dark Money’ in the States: Arizona GOP Blocks Cities from Implementing Transparent Elections
Newsweek – Josh Keefe | Published: 4/2/2018
The Arizona Legislature passed a bill to protect anonymous political spending, less than a month after Tempe residents voted overwhelmingly to increase transparency on that type of spending in local elections. The battle between city and state opens a new front in the national debate over so-called dark money in politics; it is also the first time a state has banned local governments from shining light on secret spending. Under House Bill 2153, non-profits in “good standing” with the IRS would not have to register as a PAC, and would not have to respond to audits, subpoenas, or produce evidence regarding a “potential political campaign finance violation, among other provisions.
Hawaii – Super PAC’s Attack Reveals Gaps in Hawaii Campaign Finance Law
Honolulu Civil Beat – Nathan Eagle | Published: 4/3/2018
Megan Kau launched a super PAC and website attacking former Hawaii Sen. Clayton Hee, who is running for governor this fall. But voters will not know the source of the money behind the committee or how much she is spending trying to tarnish the candidate over 30-year-old domestic violence allegations before absentee ballots go out for the Democratic primary. Three years ago, lawmakers added a reporting deadline for non-candidate committees, such as super PACs, to help improve transparency between the primary and general elections. But they did not address filing deadlines for reports before the primary.
Illinois – Rahm Emanuel, Challengers Won’t Have Fundraising Limits in 2019 Mayoral Election
Chicago Tribune – Bill Ruthhart | Published: 4/8/2019
Willie Wilson made a $100,000 contribution to his own campaign for Chicago mayor, a donation that lifts the caps on campaign contributions for all candidates in the crowded 2019 race. Under state law, individual donors are limited to making no more than a $5,600 contribution to a single campaign. Businesses are limited to $11,100 and PACs are capped at $55,400. Those limits are lifted if a candidate gives $100,000 or more to his or her campaign fund within a year of the election, which is what Wilson said he has done.
Maryland – Maryland, ACLU Reach Settlement Over Governor Deleting Critical Comments on His Facebook Page
Washington Post – Ovetta Wiggins | Published: 4/2/2018
Maryland Gov. Larry Hogan must be more permissive of social media commenters who disagree with him under a settlement to resolve a lawsuit that accused him of censoring constituents by blocking them on Facebook. The settlement includes a $65,000 payment to the four plaintiffs and a revised social media policy for Hogan’s social media accounts. The lawsuit from the American Civil Liberties Union alleged the plaintiffs’ First Amendment rights had been violated when Hogan blocked them from his official Facebook page or deleted their comments. The lawsuit was one of several filed over the past year against high-profile elected officials across the country accusing them of blocking constituents on social media.
Maryland – Nathaniel Oaks Is the Latest Maryland Politician to Be Convicted. Is Enough Being Done to Prevent Corruption?
Baltimore Sun – Luke Broadwater | Published: 3/30/2018
Hours after resigning from the Maryland senate, Nathaniel Oaks pleaded guilty to public corruption charges. He admitted in federal court that he accepted more than $15,000 in bribes from a man he thought was a real estate developer, in exchange for help securing funds for a project. Oaks is the latest in a long line of Maryland politicians who violated laws meant to ensure ethical government. The state has seen a governor, a vice president, several county executives, and a mayor brought low after corruption probes. Some of those political players have resurfaced and now occupy prominent roles once again in state politics.
Minnesota – Tony Cornish’s Capitol Visit Might Spark Restraining Order
Minnesota Lawyer – Kevin Featherly | Published: 4/3/2018
A surprise visit to the Capitol by former Minnesota Rep. Tony Cornish has one of his sexual-harassment accusers threatening to file for a restraining order. But Cornish says the visit might be his last. He made that declaration just before being told his visit has lobbyist Sarah Walker, who has alleged he repeatedly harassed her, contemplating a restraining order against him. Walker was one of several women who accused Cornish of harassment last year. She said Cornish repeatedly propositioned her, once pushing her up against a wall and attempting to kiss her. Cornish resigned his seat.
Oregon – Commission Approves Kitzhaber Ethics Settlement
Portland Tribune – Paris Achen | Published: 3/30/2018
The Oregon Ethics Commission accepted a settlement reached with former Gov. John Kitzhaber, closing this chapter of a years-long scandal that forced him to resign. Kitzhaber will pay a civil penalty of $20,000. The maximum fine that could have been levied was $50,000. The violations stem from conflicts-of-interest involving an overlap between Kitzhaber’s role as governor and his interest in a business owned by First Lady Cylvia Hayes. She had a dual role as an unpaid adviser in the governor’s office and was privately paid to consult on the same issues. In January, the commission found Hayes committed 22 ethics violations during her time as first lady.
Oregon – The Oregonian Places Lien on Home of Kitzhaber Fiancée
Bend Bulletin – Gary Warner | Published: 3/29/2018
Oregon’s largest newspaper has placed a six-figure lien against the home of Cylvia Hayes, the fiancée of former Gov. John Kitzhaber, who resigned in February 2015 over allegations that Hayes used her position as first lady to lobby for clients of her consulting firm. The Oregonian, based in Portland, filed the lien to recoup a $124,837 judgment against Hayes. The state attorney general had agreed to release some of the 72,000 emails to and from Hayes during Kitzhaber’s time in office. Hayes filed a lawsuit seeking to block the release. A judge ruled in the Oregonian’s favor and found Hayes liable for the newspaper’s attorneys’ fees.
South Carolina – Is Vote-Trading by South Carolina Lawmakers Illegal? Question Arises from Allegation
Greenville News – Tim Smith | Published: 3/29/2018
Sen. Sandy Senn’s allegations on the floor of the Senate have spurred a request for a state attorney general’s opinion on whether vote-trading by South Carolina legislators is illegal. Senn, alleged Sen. Gerald Malloy had offered to trade votes with her over her bill on school threats when it came before the Judiciary Committee. Sen. William Timmons said federal law bans vote-trading for members of Congress but state law is murkier about the issue. He said it might be considered a violation of the state’s ethics laws if a vote was considered a thing of value.
Wisconsin – Gov. Scott Walker Calls Special Elections; Senate Chief Drops Bill to Sidestep Court Order
Milwaukee Journal Sentinel – Jason Stein | Published: 3/29/2018
Wisconsin Gov. Scott Walker called special elections to be held for two vacant legislative seats after three judges in the last week ordered him to do so. Meanwhile, Senate Republicans have dropped their effort to pass a bill that would eliminate a provision in state law that requires the governor to promptly call special elections for vacant seats. Appellate Court Judge Paul Reilly dismissed Walker’s argument that the court should allow time for the Legislature to rewrite state law that would effectively block the special elections. “Representative government and the election of our representatives are never ‘unnecessary,’ never a ‘waste of taxpayer resources,’ and the calling of the special elections are, as the Governor acknowledges, his ‘obligation’ to follow,” Reilly wrote.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
April 5, 2018 •
Campaign Finance Colorado: “Denver DA Drops Grand Jury Investigation into Colorado Secretary of State Wayne Williams” by Jesse Paul for Denver Post New Mexico: “Judge Approves Settlement Over New Mexico Campaign Cash” by Morgan Lee (Associated Press) for Virginian-Pilot Ethics […]
Campaign Finance
Colorado: “Denver DA Drops Grand Jury Investigation into Colorado Secretary of State Wayne Williams” by Jesse Paul for Denver Post
New Mexico: “Judge Approves Settlement Over New Mexico Campaign Cash” by Morgan Lee (Associated Press) for Virginian-Pilot
Ethics
National: “‘Fat Leonard’ Affected Pentagon’s Pick to Lead Joint Chiefs” by Craig Whitlock for Washington Post
Kentucky: “Sexual Harassment Case: No ethics charges for three lawmakers” by Adam Beam (Associated Press) for State-Journal
Pennsylvania: “Former Philly Sheriff John Green Beats Every Charge in Federal Bribery-Conspiracy Trial” by Craig McCoy for Philadelphia Inquirer
Pennsylvania: “In a First, Pennsylvania Supreme Court OKs Noneconomic Damages for Turnpike Whistleblower” by Peter Hall for Allentown Morning Call
Legislative Issues
Minnesota: “Tony Cornish’s Capitol Visit Might Spark Restraining Order” by Kevin Featherly for Minnesota Lawyer
Lobbying
Kansas: “Second Sunshine Bill Sent to Gov. Colyer to Fix Kansas Transparency Issue” by Hunter Woodall for Kansas City Star
April 4, 2018 •
The Massachusetts Office of Campaign and Political Finance released a draft version of updates to the agency’s regulations taking affect at the end of the month. The changes were subject to a public hearing last month and aim to make […]
The Massachusetts Office of Campaign and Political Finance released a draft version of updates to the agency’s regulations taking affect at the end of the month.
The changes were subject to a public hearing last month and aim to make the regulations consistent with changes to campaign finance law and agency practices of the last few years.
Some changes include updated due dates for electronically filed reports, clarifications on when an organization must register as a political committee, and explanations of the circumstances in which an independent expenditure political action committee (PAC) becomes a traditional PAC.
The official effective date of the updated regulations has not yet been announced, and a final copy of the changes will not be publicly available until later this month.
April 3, 2018 •
Campaign Finance Arizona: “‘Dark Money’ in the States: Arizona GOP Blocks Cities from Implementing Transparent Elections” by Josh Keefe for Newsweek New York: “Appeal to End ‘LLC Loophole’ Is Rejected” by Chris Bragg for Albany Times Union Ethics National: “Rushed […]
Campaign Finance
Arizona: “‘Dark Money’ in the States: Arizona GOP Blocks Cities from Implementing Transparent Elections” by Josh Keefe for Newsweek
New York: “Appeal to End ‘LLC Loophole’ Is Rejected” by Chris Bragg for Albany Times Union
Ethics
National: “Rushed EPA Ethics Ruling on Pruitt Condo Deal ‘Problematic,’ Experts Say” by Stephanie Ebbs, Matthew Mosk, and John Santucci for ABC News
National: “Top Government Ethics Chief Walter Shaub and Staff Used Headspace Meditation App to Deal with Stress of Working Under Trump” by Dan Mangan for CNBC
National: “From Mueller to Stormy to ‘Emoluments,’ Trump’s Business Is Under Siege” by Jonathan O’Connell and David Fahrenthold (Washington Post) for MSN
Alabama: “State Rep, Former AL GOP Chairman Arrested on Bribery Charges” by Melissa Brown for Montgomery Advertiser
Maryland: “Nathaniel Oaks Is the Latest Maryland Politician to Be Convicted. Is Enough Being Done to Prevent Corruption?” by Luke Broadwater for Baltimore Sun
Oregon: “The Oregonian Places Lien on Home of Kitzhaber Fiancée” by Gary Warner for Bend Bulletin
Lobbying
National: “Congressman Files Papers Clarifying Lobby Registration Dates” by Julie Carr Smyth (Associated Press) for WRAL
April 2, 2018 •
Campaign Finance New York: “Cuomo, in Writing, Reinterprets Fund-Raising Ban on Appointees” by Shane Goldmacher and Brian Rosenthal for New York Times Elections Wisconsin: “Gov. Scott Walker Calls Special Elections; Senate Chief Drops Bill to Sidestep Court Order” by Jason […]
Campaign Finance
New York: “Cuomo, in Writing, Reinterprets Fund-Raising Ban on Appointees” by Shane Goldmacher and Brian Rosenthal for New York Times
Elections
Wisconsin: “Gov. Scott Walker Calls Special Elections; Senate Chief Drops Bill to Sidestep Court Order” by Jason Stein for Milwaukee Journal Sentinel
Ethics
National: “Conn. Congresswoman Kept Aide on Staff for 3 Months After She Learned of Threat Allegation” by Elise Viebeck for Washington Post
National: “EPA Chief Pruitt Joined by Family in Condo Tied to Lobbyist ‘Power Couple’” by John Santucci, Matthew Mosk, and Stephanie Ebbs for ABC News
Oregon: “Commission Approves Kitzhaber Ethics Settlement” by Paris Achen for Portland Tribune
Legislative Issues
South Carolina: “Is Vote-Trading by South Carolina Lawmakers Illegal? Question Arises from Allegation” by Tim Smith for Greenville News
Lobbying
National: “Inside the Lobbying Campaign That Caught Mueller’s Attention” by Theodoric Meyer and Marianne Levine for Politico
Alabama: “Controversial Economic Developer Bill Goes to Gov. Kay Ivey” by Brian Lyman for Montgomery Advertiser
March 30, 2018 •
National: Political Lobbyists Are the New Hot Thing in Pop Culture MarketWatch – Tom Teodorczuk | Published: 3/26/2018 Lobbyists have long been a fixture of movies ranging from “The American President” to “Mr. Smith Goes to Washington.” Now, the process […]
National:
Political Lobbyists Are the New Hot Thing in Pop Culture
MarketWatch – Tom Teodorczuk | Published: 3/26/2018
Lobbyists have long been a fixture of movies ranging from “The American President” to “Mr. Smith Goes to Washington.” Now, the process of influencing elected representatives is increasingly taking center stage in plays, movies, and literature. The desperate lobbyist is starting to rival the embattled politician and scoop-hungry reporter as a staple character of pop culture. Sarah Burgess said her inspiration for writing “Kings” was a newspaper story. “I happened to encounter an article about these retreats that lobbyists will attend with politicians at big resorts and that seemed funny to me and so American,” Burgess said.
Federal:
Fund-Raiser Held Out Access to Trump as a Prize for Prospective Clients
MSN – Kenneth Vogel and David Kirkpatrick (New York Times) | Published: 3/25/2018
After Donald Trump’s election, Elliot Broidy quickly capitalized, marketing his connections to Trump to politicians and governments around the world, including some with unsavory records. Broidy suggested to clients and prospective customers of his defense contracting company, Circinus, that he could broker meetings with the president, his administration, and congressional allies. Broidy’s ability to leverage his political connections to boost his business illuminates how Trump’s unorthodox approach to governing has spawned a new breed of access peddling in the swamp he vowed to drain.
Manafort Associate Had Russian Intelligence Ties During 2016 Campaign, Prosecutors Say
Washington Post – Spencer Hsu and Rosalind Helderman | Published: 3/27/2018
Court documents filed by special counsel Robert Mueller’s team reveal that Donald Trump’s former deputy campaign chairperson, Richard Gates, was knowingly working with an individual with ties to Russian intelligence during the presidential campaign. Prosecutors alleged this unnamed person worked for one of former Trump campaign chairperson Paul Manafort’s companies and was in touch with Gates in September and October 2016. The filing identifies the ex-spy only as “Person A.” The description matches that of Konstantin Kilimnik, the Russian manager of Manafort’s lobbying office in Kiev.
Rep. Didn’t Report $50K in Donations as Registered Lobbyist
Cleveland Plain Dealer – Julie Carr Smyth (Associated Press) | Published: 3/28/2018
U.S. Rep. Jim Renacci did not disclose nearly $50,000 in campaign contributions he made while registered as a federal lobbyist. Registered lobbyists are required to disclose all federal political donations of more than $200. His campaign said he was registered as a lobbyist with the consulting firm he helped launch in 2008 only as a precautionary measure. Renacci’s attorney, Laura Mills, provided the Associated Press with a form that listed Renacci’s status as “inactive” as of August 1, 2009. The campaign said only active lobbyists are required to disclose their contributions. But the AP found Mills did not file the companion form required to deactivate his registration until May 2011. Renacci continued to file and digitally sign lobbyist disclosure reports, other than the two he missed, through mid-2011, as an active lobbyist would.
Trump’s Lawyer Raised Prospect of Pardons for Flynn and Manafort as Special Counsel Closed In
MSN – Michael Schmidt, Jo Becker, Mark Mazzetti, Maggie Haberman, and Adam Goldman (New York Times) | Published: 3/28/2018
The New York Times reported that John Dowd, the former lead defense attorney in charge of managing President Trump’s communications with special counsel Robert Mueller, suggested the possibility of pardons for two of the most critical figures in the Russia investigation at the height of the inquiry. Dowd spoke to lawyers representing former national security adviser Michael Flynn and former Trump campaign chairperson Paul Manafort last year, as Mueller’s investigation was closing in on both men. The discussions raise questions about whether Dowd was offering pardons to influence their decisions about whether to plead guilty and cooperate in the investigation. Legal experts are divided about whether such offers might constitute obstruction of justice.
From the States and Municipalities:
Maryland: Supreme Court Again Weighs Voting Maps Warped by Politics
New York Times – Adam Liptak | Published: 3/28/2018
Dealing with an issue that could affect elections across the country, U.S. Supreme Court justices wrestled with how far states may go to craft electoral districts that give the majority party a huge political advantage. But even as they heard their second case on partisan redistricting in six months, the justices expressed uncertainty about the best way to deal with a problem that several said would get worse without the court’s intervention. The arguments the court heard were over an appeal by Republican voters in Maryland who object to a congressional district that Democrats drew to elect a candidate of their own. The Maryland case is a companion to one from Wisconsin in which Democrats complain about a Republican-drawn map of legislative districts. That case was argued in October and remains undecided.
Missouri: An Affair, a Photo and a Felony Charge: Missouri’s governor is waging a campaign for political survival
Washington Post – Sean Sullivan | Published: 3/22/2018
Missouri Gov. Eric Greitens, a former Navy SEAL who once volunteered with Mother Teresa, is aggressively trying to clear his name after allegations he took a naked photograph of a woman without her consent – after taping her hands to exercise rings and blindfolding her. Under indictment for felony invasion of privacy related to an extramarital affair, Greitens is seeking to discredit the Democratic prosecutor who went after him and battling back against Republicans calling on him to step down. Greitens is getting a fierce blowback from fellow Republicans already fed up with his bare-knuckle politics and broken promises of the past year.
New Mexico: New Mexico Outlines Future Limits on Federal Campaign Cash
Modesto Bee – Morgan Lee (Associated Press) | Published: 3/28/2018
Politicians returning from Washington, D.C. to run for office in New Mexico are likely to find a clear legal path in the future to bring stockpiles of campaign dollars with them under a new agreement signed by state campaign finance regulators and attorneys for U.S. Rep. Steve Pearce. A proposed settlement allows Pearce to use more than $900,000 he raised while in Congress in his campaign for governor as the lone Republican contender. Linked to the settlement are guidelines aimed to prevent federal-to-state transfers from becoming a loophole around New Mexico campaign finance law, said Joey Keefe, a spokesperson for the secretary of state’s office.
New York: Corruption Trial Bruises Powerful Law Firm
Albany Times Union – Robert Gavin | Published: 3/24/2018
Todd Howe, a onetime government insider, testified recently against Joseph Percoco, the former top aide to New York Gov. Andrew Cuomo, and his three co-defendants in a corruption trial. Howe also inflicted collateral damage to the Albany-based law and lobbying firm Whiteman Osterman & Hanna, where Howe managed to stay employed for six years even after being convicted of bank fraud. Percoco was convicted on three of the six counts against him, including honest services fraud and soliciting bribes. In the wake of the trial, people are “certainly going to connect corruption with that law firm,” said Vincent Bonventre, a law professor at Albany Law School.
New York: De Blasio Donor Says He Steered Thousands in Bribes to Mayor’s Campaigns
New York Times – Brian Rosenthal | Published: 3/22/2018
Harendra Singh testified about his efforts to use campaign contributions funneled to New York City Mayor Bill de Blasio – as much as $80,000 raised from others, and much more personally by using “straw donors” to skirt contribution limits – to gain better terms from the city during lease negotiations for one of his restaurants. Singh also suggested for the first time that de Blasio not only knew of the illegal arrangement, but the mayor encouraged it and actively helped the restaurateur. Singh was testifying in the corruption trial of Edward Mangano, the former Nassau County executive, and John Venditto, the former Town of Oyster Bay supervisor, both of whom Singh has pleaded guilty to bribing.
Oregon: John Kitzhaber Agrees to Pay $20,000 for Ethics Law Violations
Portland Oregonian – Hillary Borrud | Published: 3/28/2018
Former Oregon Gov. John Kitzhaber agreed to pay a $20,000 civil penalty to settle 10 violations of state ethics law, signaling a close to the years-long scandal that forced him to resign. The Oregon Government Ethics Commission will meet to sign off on the agreement. The maximum fine that could have levied was $50,000. The violations stem from conflicts-of-interest involving an overlap between Kitzhaber’s role as governor and his interest in a business owned by First Lady Cylvia Hayes. Hayes had a dual role as an unpaid adviser in the governor’s office and was privately paid to consult on the same issues.
Pennsylvania: Lobbyist, Lawmakers Entwined in Complex Relationship: Is it influence peddling, or essential?
StateImpact Pennsylvania – Susan Phillips | Published: 3/27/2018
There are more than 1,200 registered lobbyists in Harrisburg. Some work for firms, which take on multiple clients and represent different interests. Often, former lawmakers or regulators serve this role, using their old relationships for leverage. Some work specifically for a company or nonprofit. State Sen. Judy Schwank used to work for a nonprofit, and she says they are outgunned at the Capitol. “[Nonprofits] don’t have the dollars necessary to influence legislation the way that some other organizations that are for profit do,” said Schwank.
Washington: Inslee Signs Campaign Finance Bill
Everett Herald – Jerry Cornfield | Published: 3/29/2018
Washington Gov. Jay Inslee signed a bill transforming how the state administers and enforces its campaign finance laws. House Bill 2938 aims to make clearer for filers how to follow reporting rules and avoid mistakes that can incite a complaint against them. Under the new law, every complaint must first be filed with the Public Disclosure Commission. Staff will have greater ability to deal with minor errors and technical corrections, and authority to refer large and complex cases to Attorney General Bob Ferguson.
Wisconsin: Wisconsin GOP Will Aim to Block Judge’s Order to Gov. Scott Walker to Call Special Election
Milwaukee Journal Sentinel – Jason Stein | Published: 3/23/2018
Wisconsin Republicans refused to accept a court order to hold special elections to fill two vacant legislative seats, calling lawmakers back to Madison to rewrite election laws in an extraordinary session. Legislative leaders said the court order means special elections and regular elections for the open seats will occur simultaneously, confusing voters and wasting tax dollars. The Legislature must reconvene to revise special election statutes, they said. Senate Minority Leader Jennifer Shilling said Republicans were throwing a “temper tantrum” because they lost in court and fear the open seats could flip to Democratic control.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
March 23, 2018 •
National: There’s Never Been a Native American Congresswoman. That Could Change in 2018. New York Times – Julie Turkewitz | Published: 3/19/2018 There are at least four indigenous women running for Congress, three more are bidding for governors’ offices, and […]
National:
There’s Never Been a Native American Congresswoman. That Could Change in 2018.
New York Times – Julie Turkewitz | Published: 3/19/2018
There are at least four indigenous women running for Congress, three more are bidding for governors’ offices, and another 31 are campaigning for seats in state Legislatures, from both sides of the aisle. The numbers far outstrip past election cycles, longtime observers of native politics say, and they are only partly driven by the liberal energy and #MeToo declarations that have flourished since Donald Trump’s election. More broadly, they are part of a decades-long shift in which native communities, long marginalized by U.S. voting laws and skeptical of a government that stripped them of land and traditions, are moving into mainstream politics.
Federal:
Bye-Bye Box Seats? Tax Law May Curb Corporate Cash at Games
Pittsburgh Post-Gazette – Marcy Gordon (Associated Press) | Published: 3/18/2018
K Street lobbyists who helped craft the Republican tax legislation could now be pinched by it. American companies spend hundreds of millions of dollars annually on entertaining customers and clients at sporting events, tournaments, and arts venues, an expense that until this year they could partially deduct from their tax bill. But a provision in the new law eliminates the long-standing 50 percent deduction in an effort to curb the overall price tag of the legislation and streamline the tax code. The provision is one of the many under-the-radar consequences slowly emerging from the new tax law.
Federal Election Officials Failed to Enforce Campaign Finance Requirements on Outside Group in 2010, Judge Rules
Washington Post – Michelle Ye Hee Lee | Published: 3/20/2018
U.S. District Court Judge Christopher Cooper ruled the FEC did not properly enforce campaign finance laws in the case a “dark money” group that was active during the 2010 midterm elections. Citizens for Responsibility and Ethics in Washington alleged that certain political ads paid for by the nonprofit American Action Network should be considered “electioneering” activity and therefore subject to disclosure requirements of who paid for the messages. The FEC deadlocked along party lines and dismissed two complaints. Cooper said the dismissals ran “contrary to law” and were based on erroneous and narrow interpretations of federal statutes governing the FEC’s enforcement powers.
Judge Rules Defamation Case Against Trump May Proceed
Washington Post – Mark Berman and Frances Stead Sellers | Published: 3/20/2018
A New York judge rejected a bid by President Trump to dismiss a lawsuit relating to his alleged groping of Summer Zervos, who was a contestant on “The Apprentice.” Lawyers for Trump argued he was immune from the suit in state court while serving as president. “Nothing in the Supremacy Clause of the United States Constitution even suggests that the President cannot be called to account before a state court for wrongful conduct that bears no relationship to any federal executive responsibility,” Judge Jennifer Schecter wrote. The ruling raises the possibility that Trump could be ordered to submit to a deposition about his conduct toward Zervos and perhaps other women, as well.
From the States and Municipalities:
Alabama – Etowah Sheriff Pockets $750k in Jail Food Funds, Buys $740K Beach House
AL.com – Connor Sheets | Published: 3/13/2018
A sheriff in Alabama took home as personal profit more than $750,000 that was budgeted to feed jail inmates and then purchased a $740,000 beach house. And it is perfectly legal in Alabama, according to state law and local officials. The state has a Depression-era law that allows sheriffs to “keep and retain” unspent money from jail food-provision accounts. Sheriffs take excess money as personal income and, in the event of a shortfall, are personally liable for covering the gap. In most cases, the public does not know how much money is involved because sheriffs do not need to report extra income of less than $250,000 a year.
Arkansas – Former Arkansas Legislator’s Name Surfaces in Graft Case
Arkansas Online – Doug Thompson | Published: 3/17/2018
An Arkansas judge admitted to accepting $100,000 in bribes from an indicted lobbyist while the judge was a state lawmaker, federal prosecutors said. Jefferson County Judge Henry Wilkins IV admitted to the FBI in February that he took the money from lobbyist Milton Cranford. Cranford, an executive for the nonprofit Preferred Family Healthcare, pleaded not guilty to charges of conspiracy and accepting bribes. Prosecutors say the nonprofit paid bribes through Cranford’s lobbying firms to win state grants and taxpayer money. Prosecutors said Wilkins received the money in the form of donations to a church where he serves as pastor. In exchange for the contributions, authorities say, Cranford counted on Wilkins’ support while he served in the state Legislature from 2011 to 2015.
California – Imperial County Is a Web of Friends and Family. Is It Too Small to Investigate Itself?
Palm Springs Desert Sun – Sammy Roth | Published: 3/15/2018
When Gilbert Otero said he would investigate the Imperial Irrigation District, he took on a case involving more than $100 million in energy contracts and some of the most powerful people in Imperial County, California, where Otero is the district attorney. But there are close ties between Otero and the individuals he is investigating. The Imperial Irrigation District and the county government wield most of the political power, and top officials at those agencies are often friends or relatives of powerful farmers. Many of them have done business together. For some legal ethics experts, the links between Otero’s office and the people he is investigating are a clear sign he should recuse himself and refer the case elsewhere. They are also a sign that Imperial County may be too small to investigate itself.
Florida – In Miami, MCM Thrives on Big County Contracts. Now It Faces the FIU Bridge Catastrophe
Miami Herald – Douglas Hanks | Published: 3/19/2018
Munilla Construction Management (MCM) has a long record of winning contracts and favors from local officials in South Florida, a legacy now facing its harshest test as the firm was behind the Florida International University pedestrian bridge that collapsed and killed six people. The catastrophe threw a spotlight not just on MCM’s large projects, but on its ties to Miami’s political circles as well. In past years, the company has hired both of Miami-Dade Mayor Carlos Gimenez’s sons – Julio as an executive and C.J. as a registered lobbyist. The mayor’s wife, Lourdes, is a cousin to the Munilla brothers, and C.J. Gimenez has offered the firm pro bono communications advice after the bridge collapse.
Illinois – Denounced by His Party as a Nazi, Arthur Jones Wins Illinois G.O.P. Congressional Primary
New York Times – Liam Stack | Published: 3/21/2018
A Holocaust denier and neo-Nazi has officially become the Republican nominee for a congressional seat in Illinois. Arthur Jones won the nomination after running uncontested in the GOP primary for the Third Congressional District, which includes part of Chicago and its suburbs. Jones’s campaign website contains a page devoted to the Holocaust, which he said in an interview was “a greatly overblown nonevent” and “an international extortion racket.” The state Republican Party has sought to distance itself from Jones in recent weeks, blanketing the district with campaign fliers and robocalls urging voters to “stop Illinois Nazis.” GOP leaders are in talks with several potential candidates to run as an independent in November.
Nevada – Lack of Transparency Questioned in Campaign Theft by DA’s Aide
Las Vegas Review-Journal – Jeff German and David Ferrara | Published: 3/19/2018
Clark County District Attorney Steve Wolfson was not obligated under Nevada law to publicly disclose the theft of nearly $42,000from his campaign account, the secretary of state’s office said. “Money stolen from a campaign account and then returned within a few weeks does not qualify as a reportable contribution or expense,” said Jennifer Russell, a spokesperson for Secretary of State Barbara Cegavske. But some are questioning that interpretation of the statute, saying it goes against the law’s intent to maintain transparency in the election process.
New Mexico – Avenue for Lobbyist Harassment Complaints Unclear
Albuquerque Journal – Marie Baca and Dan Boyd | Published: 3/20/2018
Lobbyists in New Mexico are regulated by the secretary of state’s office, which oversees their registration and financial disclosures and can refer individuals to law enforcement when they are not in compliance with regulations. But the office does not have the authority to investigate harassment or sexual misconduct complaints that involve lobbyists as either alleged perpetrators or victims. Sexual harassment is illegal under the New Mexico Human Rights Act, which defines it as a subset of sexual discrimination and often forms the basis of harassment-related civil lawsuits. But the avenue for state investigation and discipline as it relates to harassment is unclear when one of the parties is a lobbyist.
North Carolina – Cooper Names 8 to North Carolina Elections and Ethics Board
Durham Herald-Sun – Gary Robertson (Associated Press) | Published: 3/16/2018
North Carolina Gov. Roy Cooper announced his initial choices for a new state board that administers both elections and ethics laws, even as he presses his latest legal challenge against the law that created the combined panel. Cooper, a Democrat, appointed eight people – four Democrats and four Republicans, as the law requires. The law took effect March 16 because Cooper decided to let it become law without his signature. There has not been a board seated since last June, the result of extended litigation between Cooper and GOP leaders. That has led to difficulties for the state board and county boards to carry out their responsibilities.
Pennsylvania – Supreme Court Refuses to Stop New Congressional Maps in Pennsylvania
Washington Post – Robert Barnes | Published: 3/19/2018
The U.S. Supreme Court refused an emergency appeal by Pennsylvania Republicans to block the implementation of a new court-ordered congressional map, a decision that all but assures that new district lines making several races more competitive for Democrats will be in place for this year’s midterm elections. The Pennsylvania Supreme Court had ruled the state’s congressional map had been warped by partisan gerrymandering and then imposed one of its own. Republican lawmakers said the state Supreme Court had usurped the Legislature’s role in violation of federal law. Generally, the justices stay out of the way when a state’s highest court is interpreting its own state constitution.
South Dakota – ‘Pay to Play’ Questions Emerge in South Dakota Governor’s Race
Sioux Falls Argus Leader – John Hult | Published: 3/18/2018
South Dakota’s campaign finance laws do little to stop companies and citizens who contract with the state from donating to the candidates who might hire them after the election. Individual donors who own or work for state-contracted companies commonly give to candidates, but state law does not require them to disclose their employer or industry. The FEC requires disclosure of occupation and employer for individual donors giving $200 or more to a candidate committee, and 32 states have similar rules. Attempts in Pierre to tighten the laws have fallen short, however. Lawmakers also overturned a voter-backed ethics law called Initiated Measure 22 last year after a judge issued an injunction against it.
Washington – Wash. Gov Signs Universal Voter Registration Law
The Hill – Reid Wilson | Published: 3/20/2018
Washington Gov. Jay Inslee signed a package of bills aimed at increasing voter access in the state, including a measure to preregister 16- and 17-year-olds and another that allows in-person voter registration to occur the same day of an election. Inslee also signed a bill that requires nonprofit organizations, who are not defined as political committees, to file statements with the Public Disclosure Commission if they make contributions or expenditures on campaigns above a specified threshold and to disclose certain contributors, starting January 1, 2019.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
March 16, 2018 •
The fastest 2 & 1/2 minutes in government ethics, campaign finance, legislative sessions and elections news from this week is here!
The fastest 2 & 1/2 minutes in government ethics, campaign finance, legislative sessions and elections news from this week is here!
March 15, 2018 •
Campaign Finance National: “Despite Pledge to ‘Drain the Swamp,’ Trump Has Shown Little Interest in Beefing Up the Federal Election Commission” by Michelle Ye Hee Lee for Washington Post District of Columbia: “D.C. Mayor, Reversing Course, Signs Law Creating Publicly […]
Campaign Finance
National: “Despite Pledge to ‘Drain the Swamp,’ Trump Has Shown Little Interest in Beefing Up the Federal Election Commission” by Michelle Ye Hee Lee for Washington Post
District of Columbia: “D.C. Mayor, Reversing Course, Signs Law Creating Publicly Financed Campaigns” by Peter Jamison for Washington Post
Illinois: “Assessor Berrios Loses Court Fight to Overturn Cook County’s Limits on Campaign Donations” by Ray Long and Hal Dardick for Chicago Tribune
Missouri: “Heavyweight D.C. Law Firm Represented Hawley for Free in 2016” by Jason Hancock (Kansas City Star) and Lindsey Wise for McClatchy DC
Wyoming: “An Effort to Crackdown on ‘Dark Money’ in Wyoming Quietly Died at the Legislature. Nobody Is Quite Sure Why.” by Arno Rosenfeld for Casper Star-Tribune
Elections
National: “Strong Performance by Democrat Conor Lamb in Pennsylvania Shakes Trump and G.O.P.” by Peter Baker and Michael Shear for New York Times
Ethics
National: “Feds: Ex-aide to U.S. Rep. Bob Brady Targeted in Murder-for-Hire Plot” by Jeremy Roebuck for Philadelphia Inquirer
National: “Trump Jr. and Texas Donor Have Longtime Undisclosed Ties” by Jake Pearson (Associated Press) for Chicago Tribune
Missouri: “‘Potential for Corruption Here Is Unbelievable’: Who’s paying Greitens’ legal bills?” by Lindsey Wise (McClatchy DC) and Jason Hancock for Kansas City Star
North Carolina: “Duke Energy Threatens Advocacy Group with Legal Action Over Financial Claims” by John Murawski for Raleigh News and Observer
Legislative Issues
North Carolina: “Cooper Sues Again While Court Rejects Elections Board Motion” by Gary Robertson (Associated Press) for Raleigh News and Observer
March 2, 2018 •
National: The True Source of the N.R.A.’s Clout: Mobilization, not donations MSN – Eric Lipton and Alexander Burns (New York Times) | Published: 2/24/2018 To many of its opponents, a long string of victories is proof the National Rifle Association […]
National:
The True Source of the N.R.A.’s Clout: Mobilization, not donations
MSN – Eric Lipton and Alexander Burns (New York Times) | Published: 2/24/2018
To many of its opponents, a long string of victories is proof the National Rifle Association (NRA) has bought its political support through campaign contributions. But the numbers tell a more complicated story. In states across the country, as well as on Capitol Hill, the NRA derives its political influence instead from a powerful electioneering machine, fueled by tens of millions of dollars’ worth of campaign ads and voter-guide mailings, that scrutinizes candidates for their views on guns and propels members to the polls. The NRA’s impact comes, in large part, from the simplicity of the incentives it presents to candidates: letter grades, based on their record on the Second Amendment, that guide the NRA’s involvement in elections.
Federal:
How Skadden, the Giant Law Firm, Got Entangled in the Mueller Investigation
New York Times – Kenneth Vogel and Matthew Goldstein | Published: 2/24/2018
When one of its former lawyers, Alex van der Zwaan, admitted lying to the special counsel investigating Russian election interference, it exposed a profitable line of business that Skadden, Arps, Slate, Meagher & Flom mostly keeps quiet: its work for unsavory foreign figures and their Washington, D.C. lobbyists. Robert Mueller’s team has scrutinized Skadden for its own work for the former president of Ukraine, Viktor Yanukovych, and its role advising two other K Street firms paid to bolster his government, Mercury Public Affairs and the Podesta Group. Rick Gates, the onetime deputy campaign chairperson for Donald Trump, has admitted he knowingly misled Skadden in a scheme to avoid complying with the Foreign Agents Registration Act over his work for Ukraine.
Kushner’s Business Got Loans After White House Meetings
MSN – Jesse Drucker, Kate Kelly, and Ben Protess (New York Times) | Published: 2/28/2018
Two companies made loans worth more than $500 million to Jared Kushner’s family real estate firm after executives met with Kushner at the White House. Kushner is a White House senior adviser and the son-in-law of President Donald Trump. The New York Times reported that private equity firm Apollo Global Management lent $184 million to Kushner Cos., and Citigroup lent Kushner Cos. and one of its partners $325 million. There is little precedent for a top White House official meeting with executives of companies as they contemplate sizable loans to his business, say ethics experts. “This is exactly why senior government officials, for as long back as I have any experience, don’t maintain any active outside business interests,” said Don Fox, a former acting director of the Office of Government Ethics.
From the States and Municipalities:
Alabama – Ethics Reforms on Hold; Panel Will Study Issues for Next Year
AL.com – Mike Cason | Published: 3/1/2018
A bill introduced recently would make dozens of changes to Alabama’s ethics law. But legislators will not vote on that bill this year. Instead, it will provide a framework for a newly created Ethics Clarification and Reform Commission. State Attorney General Steve Marshall said individuals and businesses affected by the ethics law have asked that certain parts of it be made clearer, and there is also an effort to tighten the law. “We’ve identified, along with the Ethics Commission, certain areas that may be loopholes or holes in the law that we need to be able to close,” Marshall said.
Arizona – Debbie Lesko Accused of Moving $50K from Campaign to a PAC That Backs … Lesko
Arizona Republic – Ronald Hanson | Published: 2/21/2018
Congressional candidate Debbie Lesko steered $50,000 from her Arizona Senate campaign to a federal PAC that has supported her, a move one of Lesko’s opponents claimed is illegal. Lesko’s campaign committee, Re-elect Debbie Lesko for Senate, gave $50,000 to Conservative Leadership for Arizona, a federal PAC authorized to spend independently of other campaigns. It was created eight days before taking the money from Lesko’s state campaign committee. The new PAC raised almost no other cash, records show. And the PAC used the money to support Lesko with yard signs, while her congressional campaign spent heavily on television ads.
California – A Tiny City with Huge Problems, Maywood Faces Its Biggest Scandal Yet
Los Angeles Times – Ruben Vives and Adam Elmahrek | Published: 2/26/2018
A Los Angeles County investigation into possible corruption in Maywood has set its sights on a broad swath that includes four current and former council members, 13 companies, five current and former city administrators, and one activist who dresses up as a clown. A search warrant suggests the wide-ranging investigation dovetails with the suspicion many Maywood residents have had about politics in the city for years. Maywood is one of Southern California’s smallest and most densely packed cities. But for its tiny size, it has suffered oversized problems for more than a decade.
Illinois – Cook County Assessor Berrios Goes to Court to Keep Property Tax Lawyers’ Campaign Contributions Flowing
Chicago Tribune – Hal Dardick and Jason Grotto | Published: 2/28/2018
Cook County Assessor Joe Berrios asked a judge to void county ethics rules that place limits on campaign contributions to elected officials and candidates from those who seek “official action” from the county. Lawyers for Berrios’ argued the county rules violate the state constitution because only the Illinois Legislature has authority to set campaign contribution limits. The county, however, maintained it has the power to set its own, more-restrictive limits on campaign money to avoid quid pro quo politics. Since October, Berrios has collected more than $276,000 from those attorneys, about four-fifths of what he has received in individual contributions during that time.
Missouri – Missouri Gov. Eric Greitens Indicted for Felony Invasion of Privacy
St. Louis Post-Dispatch – Kevin McDermott and Robert Patrick | Published: 2/23/2018
Missouri Gov. Eric Greitens was indicted on a felony invasion of privacy charge. He was accused of photographing a nude or partially nude person without the person’s knowledge or consent. The indictment said Greitens then transmitted the photo in a way that allowed it to be viewed on a computer, which prosecutors said made the crime a felony rather than a misdemeanor. The charge comes weeks after the governor acknowledged having an extramarital affair in 2015, but denied reports he blackmailed the woman or took a nude photo of her without permission. Greitens, who has been governor for just over a year, has resisted calls to resign, insisting he did nothing illegal.
New York – In Spite of Executive Order, Cuomo Takes Campaign Money from State Appointees
New York Times – Shane Goldmacher, Brian Rosenthal, and Augustin Armendariz | Published: 2/24/2018
New York Gov. Andrew Cuomo has accepted donations for his re-election campaign from his own political appointees. The New York Times reports Cuomo has taken nearly $900,000 from two dozen of his appointees since taking office, as well as at least $1.3 million from spouses, children, and businesses of the appointees. The contributions come despite an executive order signed by former Gov. Eliot Spitzer banning campaign donations from most political appointees in the state. Cuomo renewed that order when he entered office. But Cuomo has reinterpreted the directive to only apply to contributions from appointees who could be fired at any time by the governor, as opposed to those appointed to set terms in office.
Oklahoma – Step Up Campaign Highlights Gap in State Disclosure Laws
Ada News – Paul Monies and Trevor Browen (Oklahoma Watch) | Published: 2/25/2018
The plan by Step Up Oklahoma to raise taxes on cigarettes, fuel, and energy failed to pass, but it highlighted a gap in state law that keeps much of the funding and spending on both sides of the issue a secret. Step Up Oklahoma, which billed itself as a grassroots coalition of business and civic groups, bought or enabled television and radio ads, robo-calls, mailers, endorsements, one-to-one outreach, and the deployment of registered lobbyists of supporting companies. Although disclosure of sources and amounts of money spent are typically required when groups directly try to influence the election of candidates and votes on ballot questions, little must be disclosed when a group or business tries to influence legislation.
Oregon – Receiving a Blanket Posed Ethical Quandary for Oregon Senator
Portland Oregonian – Andrew Selsky (Associated Press) | Published: 2/27/2018
Ted Ferrioli, the Senate Republican leader in Oregon until he stepped down in January, was presented with a beautiful wool blanket by leaders of Indian tribes as a parting gift, causing an ethical dilemma. Struggling over what to do with a blanket with a price tag of $249 shows how many public servants try to walk a fine line on gift laws. And it illustrates the scope of issues the Oregon Government Ethics Commission and its staff are tasked with dealing with.
Rhode Island – Facing Threat of Expulsion, Sen. Kettle Quits
Providence Journal – Katherine Gregg and Patrick Anderson | Published: 2/22/2018
A Rhode Island senator facing charges that accuse him of extorting a teenage page for sex has resigned. The move comes a day after Senate leaders took the extraordinary step of introducing a resolution to expel Nicholas Kettle, the Senate’s minority whip. No Rhode Island lawmaker has been expelled since the state constitution went into effect in 1843. Kettle was arrested and charged with extorting a male page for sex on two occasions in 2011 and with video voyeurism that involved trading nude photographs of his ex-girlfriend and a New Hampshire woman taken without their consent. The page would have been 16 or 17 years old at the time of the alleged extortion.
West Virginia – Coal Country Divides Over an Unrepentant Boss’s Senate Bid
New York Times – Trip Gabriel | Published: 2/26/2018
When mining company owner Don Blankenship finished his one-year prison sentence for conspiracy to violate safety laws, rather than express remorse or contrition over the explosion in the Upper Big Branch coal mine that killed 29 men in 2010, he announced a run for the U.S. Senate. His return to the public eye has reawakened painful memories in West Virginia, especially for relatives of the disaster’s victims. At one of Blankenship’s meet-and-greet events with voters, protesters held signs saying: “You must be joking.” But in the coal fields, many people do not think his candidacy is a joke. Blankenship has found support there for his claim to be a victim himself, pursued unfairly by federal prosecutors and mine safety inspectors.
West Virginia – Justice Company Rep Has Unique Access to Capitol Among Lobbyists
Charleston Gazette-Mail – Jake Zuckerman | Published: 2/24/2018
Among the more than 100 registered lobbyists in West Virginia, only Larry Puccio has an electronic access card to the Capitol. Puccio represents The Greenbrier resort and Southern Coal Corp., both of which are owned by Gov. Jim Justice. The card grants access to doors not open to the general public and can be used to avoid sometimes-lengthy security lines at the public entrances. House Bill 2965 would allow any person to apply for an electronic access card to the Capitol complex, which would cost $250 for people who are not state employees.
Wisconsin – State Elections Commission Chief Stepping Down Amid Criticism from Republicans
Milwaukee Journal Sentinel – Jason Stein | Published: 2/27/2018
Wisconsin’s top elections official, Michael Haas, says he will not continue in that role, ending a showdown between the state Elections Commission, which backed Haas, and Senate Republicans who demanded his ouster. Haas said he plans to keep working temporarily at the commission as an attorney, but intends to eventually leave to pursue other opportunities. The Wisconsin Ethics Commission voted to name ethics specialist Colette Reinke as the interim replacement for former Administrator Brian Bell, who also resigned after the Senate rejected his confirmation. Reinke will serve for 90 days and not apply for the permanent job.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
February 23, 2018 •
National: Sexual Misconduct Spurs New Elections: The #MeToo race New York Times – Trip Gabriel and Jess Bidgood | Published: 2/20/2018 Allegations of sexual misconduct led to resignations by nearly a dozen state and federal lawmakers in recent months, setting […]
National:
Sexual Misconduct Spurs New Elections: The #MeToo race
New York Times – Trip Gabriel and Jess Bidgood | Published: 2/20/2018
Allegations of sexual misconduct led to resignations by nearly a dozen state and federal lawmakers in recent months, setting off a flurry of special elections around the country to fill seats suddenly left open by the #MeToo reckoning. Yet the candidates running to replace these disgraced men, many of whom are women, are hesitating to put sexual harassment front and center as an issue in their campaigns. In at least eight state legislative and two congressional races, including special elections in Minnesota and Oklahoma that were held recently, the subject has rarely been mentioned in advertisements, rallies, or when knocking on doors.
State Officials Say They Are Told Too Little About Election Threats
New York Times – Michael Wines | Published: 2/19/2018
State elections officials said they want more information from federal officials to ensure they are protected from cybersecurity threats in light of evidence that foreign operatives plan to try to interfere in the midterm elections. At a conference of secretaries of state, several officials said the government was slow to share information about specific threats faced by states during the 2016 election. According to the Department of Homeland Security, Russian government hackers tried to gain access to voter registration files or public election sites in 21 states. Although the hackers are not believed to have manipulated or removed data from state systems, experts worry that the attackers might be more successful this year.
With Grief and Hope, Florida Students Take Gun Control Fight on the Road
New York Times – Brendan Farrington, Josh Replogle, and Tamara Lush (Associated Press) | Published: 2/21/2018
Students in the vanguard of protests are giving gun-safety advocates fresh hope that the violence at Marjory Stoneman Douglas High School, and the widespread response to it among youths, could create new momentum across the country to enact restrictions on firearms. But these students are also attracting political attacks from advocates for gun rights. And established groups, demoralized after a string of shootings that have prompted no political response, are aware of how quickly such a moment can fade. For now, however, there is momentum on the issue.
Federal:
K Street Reinvents Itself in the Era of Trump
Roll Call – Kate Ackley | Published: 2/15/2018
Political upheaval, partisan stalemate on Capitol Hill, and technological innovations have all disrupted and transformed the $4 billion-a-year federal lobbying business. But the Donald Trump presidency, the GOP-controlled Congress, and a resulting surge of grassroots resistance have catapulted the lobbying sector into uncertain, though still lucrative, terrain. Lobbyists increasingly are adapting their methods to harness the power of social media campaigns amid the president’s atypical style of governing, which often includes policy proclamations via tweet. Trump’s administration has intensified changes to the lobbying industry that were underway well before he launched his run for office.
From the States and Municipalities:
Arizona – Kelli Ward Touts Endorsement from Fake-News Site
Politico – Jason Schwartz and Shawn Musgrave | Published: 2/15/2018
Kelli Ward posted a link on her campaign website and blasted out a Facebook post, quoting extensively from a column in the Arizona Monitor that endorsed her to replace U.S. Sen. Jeff Flake. But despite its reputable sounding name, the Arizona Monitor is not a real news site. It is an anonymous, pro-Ward blog. The site launched just a few weeks before publishing the endorsement. It seems to be part of a growing trend of conservative political-messaging sites with names that mimic those of mainstream news organizations, and whose favored candidates then tout their stories and endorsements as if they were from independent journalists.
Delaware – Lobbyists No Longer Have a Dedicated Room in Legislative Hall
Wilmington News Journal – Scott Gross | Published: 2/15/2018
State Senate President Pro Tempore David McBride said he has given up on his hope that Delaware’s 300-plus registered lobbyists would hang out in a conference room rather than the hallways of the Capitol. The door to the second-floor room was closed and locked for the first time since McBride first invited lobbyists to use the space in January. At the time, he dismissed questions about the optics of providing a dedicated space for professional lobbyists, noting reporters have long used a room in the basement of Legislative Hall.
District of Columbia – D.C. Public Schools Leader to Resign After Skirting School Assignment Rules
Washington Post – Perry Stein, Peter Jamison, and Fenit Nirappil | Published: 2/20/2018
Antwan Wilson, chancellor of the District of Columbia’s public schools, resigned after it was revealed he skirted the city’s competitive lottery system so his daughter could transfer to a high-performing school. Wilson had overhauled lottery system rules months before he broke them to benefit his daughter. Parents and politicians said Wilson had forfeited the public’s trust. His departure delivers a political blow to Mayor Muriel Bowser, whose selection of Wilson was one of the most important and high-profile appointments of her tenure.
New York – Citizens United Can’t Hide Donor Lists from NY
Courthouse News Service – Nick Rummell | Published: 2/15/2018
New York may require the public disclosure of donors who give more than $5,000 to nonprofits in the state, an appeals court said. Citizens United sued New York in 2014, saying the rule infringed upon its First Amendment rights and its donors could face public backlash if their support was disclosed. The appeals court upheld a lower-court ruling saying the regulations are “substantially related to the important interest in keeping non-profit organizations honest” and do not wrongly “chill the speech” of Citizens United or its donors.
New York – How Albany Really Works: Cuomo loyalist exposes pay-to-play culture
New York Times – Shane Goldmacher | Published: 2/16/2018
Former lobbyist Todd Howe testified for two weeks in a corruption trail that has rocked Albany. The story that Howe has unfurled included tales of six-figure campaign contributions to New York Gov. Andrew Cuomo, made from a company with business before the state, that were purposefully divided up to hide their origin. There were private plane trips, courtesy of Howe’s clients, for Cuomo days before his first election – as well as a deep-sea fishing expedition for his campaign manager. Joseph Percoco, formerly one of Cuomo’s most-trusted aides, is on trial, along with three co-conspirators in two bribery and corruption schemes. Cuomo has not been accused of any wrongdoing, but the courtroom drama has served as a stinging indictment of Albany as a city where money talks and Cuomo administration officials have listened.
North Carolina – Conspiracy Theories, Criminal Investigations Plentiful in NC Bail Bonds World
WRAL – Travis Fain | Published: 2/17/2018
Attorney Mark Bibbs and a pair of clients in the bail industry have been indicted, accused of lobbying the North Carolina Legislature without filing the proper paperwork and covering it up. The secretary of state’s office and the Wake County district attorney say Bibbs falsified records to make lobbying payments look like legal fees and the clients cooperated in the scheme. Some Democrats have suggested House Speaker Tim Moore tried to interfere in Secretary of State Elaine Marshal’s investigation of Bibbs; Moore and Bibbs are close friends. Republicans also passed legislation to move lobbying enforcement out of Marshall’s office as part of broader reforms. The secretary of state’s office sent legislative leadership a letter, pointing to the indictments as a reason to leave lobbying enforcement with the office instead of shifting it to the state’s new Board of Elections & Ethics Enforcement as planned.
Oregon – John Kitzhaber Could Face Up to $50,000 in Fines for Ethics Violations
Portland Oregonian – Hillary Borrud | Published: 2/17/2018
The Oregon Government Ethics Commission said former Gov. John Kitzhaber violated state laws against conflicts-of-interest, misused his office for financial gain, and improperly received a gift. The scandal ended Kitzhaber’s long political career. He resigned in 2015 just over a month into his fourth term amid accusations of influence peddling involving his fiancée, Cylvia Hayes. In January, the commission found Hayes violated a law against public officials misusing their public positions for personal financial gain. Kitzhaber has 21 days after being formally notified of the vote to say whether he will contest the ruling. The maximum fine for each violation is $5,000, meaning the commission could penalize Kitzhaber up to a total of $50,000.
Pennsylvania – Pa. Supreme Court Releases New Congressional Map
Pittsburghh Post-Gazette – Jonathan Lai and Liz Navratil | Published: 2/19/2018
The Pennsylvania Supreme Court released a new congressional map after the previous district lines were found to be a result of unconstitutional gerrymandering from Republicans. The new map is set to go into effect in time for the state’s May 15 primaries. It leaves voters, current representatives, and potential candidates with little time to figure out their districting before the deadline hits for those running in elections to declare their candidacy. Republicans are expected to challenge the decision from the Supreme Court, saying only lawmakers and governors hold the authority to redraw congressional maps, rather than the courts.
South Carolina – After Quinn’s Probation, Shock, Dismay, Joy and Wondering: What’s next?
The State – John Monk | Published: 2/16/2018
Watchdogs say it is sad that years of accusations against South Carolina Rep. Rick Quinn and his father’s consulting business ended with such a whimper. Beyond two years of probation, Rick Quinn was sentenced to community service and a fine of $1,000 after pleading guilty to one misdemeanor count of misconduct in office. Under a package deal, all charges were dropped against his father, Richard Quinn. His consulting firm instead pleaded guilty to failing to register as a lobbyist. “This slap is near the wrist but not even on it,” said John Freeman, the University of South Carolina law school’s professor emeritus on professional ethics.
South Carolina – S.C. Lawmakers Call for Law Enforcement Probe of Bogus Pro-Utility Emails
Charleston Post and Courier – Andrew Brown | Published: 2/19/2018
South Carolina lawmakers have received a barrage of form emails from constituents in recent days urging them to avoid passing laws they say could defeat a proposed sale of SCANA Corp. to Dominion Energy. But some of the people who supposedly sent the emails say they were impersonated. It is unclear who is behind the fraudulent emails as Dominion, SCANA, and the outside group that crafted the messages say they do not know why they are being sent from South Carolina residents without their knowledge. Law enforcement officials are likely to open an investigation into the matter.
Tennessee – How $225,000 Can Help Secure a Pollution Loophole at Trump’s E.P.A.
New York Times – Eric Lipton | Published: 2/15/2018
The big rigs sold by the Fitzgerald family’s truck dealership in central Tennessee are equipped with rebuilt diesel engines that do not need to comply with rules on modern emissions controls. That makes them cheaper to operate, but means they emit up to 55 times the air pollution of other new trucks. The special treatment is made possible by a loophole in federal law that the Obama administration tried to close, and the Trump administration is now championing. The survival of this loophole is a story of money, politics, and suspected academic misconduct, and has been facilitated by Scott Pruitt, the administrator of the Environmental Protection Agency, who has staked out positions in environmental fights that benefit the Trump administration’s corporate backers.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.