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

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.

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.

National:

Sinclair Broadcast Group Solicits Its News Directors for Its Political Fundraising Efforts
Chicago Tribune – Paul Fahri (Washington Post | Published: 2/12/2018

Sinclair Broadcast Group is asking its executives – including the news directors at its many television stations – to contribute to its PAC. Sinclair is the largest station owner in the country, with 173 outlets. Major TV news outlets such as ABC, CBS, and CNN say they prohibit their journalists from contributing to political parties, candidates, or causes, and do not ask them to chip in to the company’s PAC. By contributing money to Sinclair’s lobbying efforts, news directors would be tacitly supporting the company’s agenda, potentially raising doubts about their stations’ impartiality and independence when reporting on controversial issues, said Lewis Friedland, a journalism professor at the University of Wisconsin.

Federal:

VA Chief Shulkin, Staff Misled Ethics Officials about European Trip, Report Finds
Tampa Bay Times – Lisa Rein (Washington Post) | Published: 2/14/2018

Veterans Affairs Secretary David Shulkin, traveling on what he said was an “essential” trip to London and Copenhagen, improperly accepted tickets to the Wimbledon tennis tournament and brought his wife at taxpayer expense, according to an inspector general’s report. The scathing report says Shulkin and several top staff members made false and misleading statements both to justify the $122,334 trip and to defend it afterward. His chief of staff, Vivieca Wright Simpson, doctored an email to convince an agency ethics lawyer to approve a $4,300 flight for Shulkin’s wife, the report found.

From the States and Municipalities:

Alaska – Group Picks Alaska to Challenge Unlimited Campaign Donations
Bristol Herald-Courier – Becky Bohrer (Associated Press) | Published: 2/7/2018

A national group is focusing on Alaska in a bid to get the U.S. Supreme Court to revisit its Citizen United ruling. The decision paved the way for corporations and unions to make unlimited independent expenditures, and in Alaska, was viewed by state officials as likely rendering several provisions of state law prohibiting or limiting certain contributions unconstitutional. Equal Citizens wants to put that interpretation to the test but it could face an uphill battle. Lawrence Lessig, founder of Equal Citizens, said his group believes the Alaska Public Offices Commission sided with “what is a kind of conventional view among lawyers” that his group believes is incorrect. “What we’re trying to seek is clarification that the limits can be enforced,” Lessig said.

Arkansas – Former Arkansas Legislator Eddie Cooper Pleads Guilty to Embezzlement
KUAR – Wesley Brown | Published: 2/13/2018

Former Arkansas Rep. Eddie Wayne Cooper pleaded guilty to conspiring to embezzle more than $4 million from a nonprofit. Cooper pleaded guilty to one count of conspiracy to embezzle from Preferred Family Healthcare. Nonprofits that receive federal funds, such as Medicaid, are barred from direct lobbying efforts. From 2011 to 2017, Cooper received at least $387,501 from an Arkansas lobbying firm that received $3 million from Preferred Family. The nonprofit’s financial records show its payments were for “consulting services” when the real purpose of the payments was for lobbying and political campaign contributions, plea documents say. Cooper also received at least $63,000 in kickbacks in the conspiracy, according to his plea.

California – #MeToo Movement Lawmaker Investigated for Sexual Misconduct Allegations
Politico – Carla Marinucci | Published: 2/8/2018

A day after sexual harassment accusations against her became public, Assemblyperson Cristina Garcia said she is taking a voluntary, unpaid leave of absence while the allegations are investigated. But Garcia denied trying to grope a legislative aide and a lobbyist. Garcia is an outspoken leader of the #MeToo movement in California. She has called for male lawmakers accused of sexual harassment, assault, and misconduct to step down over the last several months and refused to work with them. She was one of 147 women who signed a letter drawing attention to problems at the Capitol in October.

Colorado – If You Can Pay $250, Colorado Lawmakers May Let You Skip Security at State Capitol
Denver Post – John Frank | Published: 2/8/2018

Legislation in Colorado would allow anyone to pay a $250 fee and submit fingerprints for a background check to obtain an identification card that allows entry to the Capitol and legislative buildings without going through a security screening. Senate President Kevin Grantham supports the measure, but it is expected to face opposition in the Democratic-led House, where leaders point to the Colorado State Patrol’s problems with the bill. A similar measure that applied only to lobbyists failed in 2010 after it became known as the “Lexus lane for lobbyists” bill. But the sponsors of the new bill dismiss questions about special access because any member of the public could apply for the card.

Maryland – Wife of 80-Year-Old State Senator Accompanies Him to Work Each Day. Some Say She Assists Him with Duties.
Washington Post – Ovetta Wiggins | Published: 2/11/2018

Since the January 10 start of Maryland’s legislative session, state Sen. Ulysses Currie’s wife has sat an arm’s length away from him in a reserved seat, Senate floor credentials dangling from a lanyard around her neck. Shirley Gravely-Currie’s presence has drawn attention not only to her husband’s diminishing health but also to the graying of the state Legislature and the delicate question of how long is too long to serve. As Americans live and work longer, it has become more common to see aging lawmakers on Capitol Hill or in statehouses across the country.

North Dakota – Amid Backlash, Gov. Burgum Reimburses Xcel Energy $37,000 for Super Bowl Tickets
Grand Forks Herald – John Hageman | Published: 2/7/2018

North Dakota Gov. Doug Burgum said he reimbursed Xcel Energy $37,000 for Super Bowl tickets in an effort to “eliminate even the perception of any conflict.” Xcel said the governor met with Chief Executive Officer Ben Fowke and Chris Clark, president of Xcel Energy-Minnesota, North Dakota, and South Dakota, along with other company leaders in a suite at US Bank Stadium. Meanwhile, Burgum’s legal counsel is crafting an ethics policy covering North Dakota’s chief executive and his staff.

Oklahoma – New Lobbying Rule Gets Mixed Review from Lawmakers and Those Who Try to Influence Them
Tulsa World – Barbara Hoberock | Published: 2/11/2018

A proposed rule that would require elected officials in Oklahoma to wait two years before working as lobbyists is getting mixed reviews. The Oklahoma Ethics Commission approved the rule. It will take effect if the Legislature does not take any action by the end of the session. The proposal comes as more lawmakers are lobbying their former colleagues as a way to make a living after their terms have ended. Ethics Commission Executive Director Ashley Kemp said the rule would prohibit policymakers from using their positions to benefit themselves.

Oregon – Oregon Ethics Watchdog Says John Kitzhaber Misused His Office for Personal Gain
Portland Oregonian – Hillary Borrud | Published: 2/14/2018

Former Oregon Gov. John Kitzhaber allegedly violated state ethics laws 11 times during his third and fourth terms, with the violations potentially carrying fines up to $55,000. An investigative report by the Oregon Government Ethics Commission staff outlines a suite of alleged violations. The commission is poised to vote on whether it agrees with its staff’s findings. According to the report, Kitzhaber used his office for financial gain, or to avoid financial problems, for former First Lady Cylvia Hayes and her consulting firm, 3EStrategies. Kitzhaber failed to follow laws to handle “potential conflicts-of-interest” when he took actions that may have impacted the consulting firm’s interests, ethics officials said.

Pennsylvania – Lobbyists Trying to Influence PA. State Government Will Have to Pay More If They Break the Rules
PennLive.com – Jan Murphy | Published: 2/14/2018

Pennsylvania Gov. Tom Wolf signed House Bill 1175, which requires lobbying disclosure reports to be filed electronically with the Pennsylvania Department of State. The new law also increases the daily maximum penalty for not filing reports by the quarterly deadline; doubles the maximum fine for not filing by the deadline; and requires the department to post all lobbying disclosure reports online within seven days of receiving the filing. The new penalties take effect immediately and the electronic filing requirement takes effect in 60 days.

South Carolina – Former S.C. House Majority Leader Rick Quinn Gets Probation in Misconduct Case
Charleston Post and Courier – Andrew Knapp and Glenn Smith | Published: 2/12/2018

Former South Carolina Rep. Rick Quinn will serve two years on probation instead of prison time after he pleaded guilty to misconduct in office. Circuit Court Judge Carmen Mullen also ordered Quinn to pay a $1,000 fine and perform 500 hours of community service. He is the third Republican lawmaker convicted in a statehouse corruption investigation. Mullen handed down the penalty over the objections of special prosecutor David Pascoe, who had questioned the validity of Quinn’s guilty plea while pushing for the former House majority leader to serve a year behind bars. Prosecutors accused Quinn of taking $4 million in unreported money from lobbyists. Quinn insisted his only crime was failing to report a lobbyist’s payments to his father’s political consulting firm.

Texas – Anti-Abortion Group Deletes State Senator’s Video After Questions of Legality Raised
Texas Tribune – Patrick Svitek and Jay Root | Published: 2/7/2018

An influential anti-abortion group abruptly deleted a Twitter video ad featuring Texas Sen. Bob Hall’s voice after reporters began asking if its paid messages adhered to laws restricting the use of corporate “dark money.” Texas Right to Life Committee also filed last-minute corrections to its December campaign finance reports indicating it had “inadvertently” attributed about $38,000 in radio ads to its corporate entity instead of its PAC. Texas Right to Life Committee is a politically active non-profit corporation that does not have to disclose its donors.

Utah – Taxpayers Reimbursed Former Lawmaker for Rooms Linked to Prostitution Allegations
St. George Daily Spectrum – David DeMille | Published: 2/12/2018

Taxpayer funds were used to pay for at least two hotel rooms that a former state lawmaker is alleged to have used to meet a prostitute last year, according to records found by a Utah House official. Rep. Jon Stanard resigned two days before British tabloid The Daily Mail published an article accusing him of meeting with the prostitute, and included screen shots of what appear to be text exchanges between the two setting up appointments and naming a price. Receipts from expense reports show Stanard was reimbursed about $225 for hotel room stays in Salt Lake City at two separate hotels in June and August of last year while he was attending legislative meetings, at locations and on dates that correspond with the text messages included in the article.

West Virginia – Democratic Candidate Turns House of Delegates Eviction Into $45k Fundraising Haul
Charleston Gazette-Mail – Jake Zuckerman | Published: 2/13/2018

A candidate for the West Virginia House of Delegates was cut off and removed from a hearing on oil and gas drilling on private land. Lissa Lucas spoke about her opposition to the bill, and listed donations that state lawmakers have received from oil and gas companies. She was told during her testimony that she should not be making “personal comments” regarding members of the House Judiciary Committee. “I have to keep this short because the public only gets a minute and 45 seconds while lobbyists can throw a gala at the Marriott with whiskey and wine and talk for hours to the delegates,” Lucas added. In a twist of fate, rallying against corporate money in politics might have made Lucas the most effective fundraiser in the House this election cycle.

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.

Campaign Finance

National: “Sinclair Broadcast Group Solicits Its News Directors for Its Political Fundraising Efforts” by Paul Fahri (Washington Post) for Chicago Tribune

National: “I Approved This Facebook Message – But You Don’t Know That” by Jennifer Valentino-DeVries for ProPublica

Arizona: “House Passes Measure to Keep Cities From Banning ‘Dark Money’” by Howard Fischer (Capitol Media Services) for Arizona Capitol Times

Massachusetts: “OCPF Transparency Rules Could Discourage Donations, Critics Say” by Katie Lannan (State House News Service) for MassLive.com

Missouri: “Former Missouri State Senator Accused of Campaign Irregularities Loses Fight to Avoid $229K Fine” by Jack Suntrup for St. Louis Post-Dispatch

West Virginia: “Democratic Candidate Turns House of Delegates Eviction Into $45k Fundraising Haul” by Jake Zuckerman for Charleston Gazette-Mail

Ethics

Utah: “Taxpayers Reimbursed Former Lawmaker for Rooms Linked to Prostitution Allegations” by David DeMille for St. George Daily Spectrum

Legislative Issues

National: “Judges Say Throw Out the Map. Lawmakers Say Throw Out the Judges.” by Michael Wines for New York Times

Maryland: “Wife of 80-Year-Old State Senator Accompanies Him to Work Each Day. Some Say She Assists Him with Duties.” by Ovetta Wiggins for Washington Post

Lobbying

National: “Exiting Lawmakers Put in Calls to K Street” by Megan Wilson for The Hill

Arkansas: “Former Arkansas Legislator Eddie Cooper Pleads Guilty to Embezzlement” by Wesley Brown for KUAR

Campaign Finance

Missouri: “St. Louis County Council Looks into the Wisdom, and Practicality, of Campaign Donation Limits” by Jason Rosenbaum for St. Louis Public Radio

New York: “Mayor Wants City Charter Revision to Tackle Campaign Finance” by William Neuman for New York Times

Texas: “County Judge Sent $63K from Campaign Account to His Beer Company Without Reporting It” by Trent Seibert for Texas Monitor

Elections

Montana: “Montana’s Ban on Robocalls Upheld as Constitutional by Federal Judge” by Holly Michels for Helena Independent Record

Ethics

Federal: “Federal Grants Meant for Clean Coal Misspent on Liquor, Spas” by Ari Natter for Bloomberg

National: “A Whirlwind Envelops the White House, and the Revolving Door Spin” by Peter Baker (New York Times) for MSN

Florida: “Miami Beach Official Accepted Stays from Hotelier. Now Both Face Corruption Charges.” by Joey Flechas and David Ovalle for Miami Herald

Kentucky: “Kentucky Bill Seeks New Ethics Rules for KFC Yum! Center Board” by Marcus Green for WDRB

Legislative Issues

National: “She Was Naming Lawmakers Who Took Oil-and-Gas Money – So They Barred Her from the Public Hearing” by Avi Selk for Washington Post

Lobbying

Hawaii: “Development Lobbyist Failed to Register with Honolulu Ethics Commission” by Anita Hofschneider for Honolulu Civil Beat

Campaign Finance

Alaska: “Group Picks Alaska to Challenge Unlimited Campaign Donations” by Becky Bohrer (Associated Press) for Bristol Herald-Courier

Connecticut: “An Unlikely Rebuke of the General Assembly Over Election Laws” by Mark Pazniokas for Connecticut Mirror

Texas: “Anti-Abortion Group Deletes State Senator’s Video After Questions of Legality Raised” by Patrick Svitek and Jay Root for Texas Tribune

Ethics

National: “First-Class Travel Distinguishes Scott Pruitt’s EPA Tenure” by Juliet Eilperin and Brady Dennis for Washington Post

National: “#MeToo Movement Lawmaker Investigated for Sexual Misconduct Allegations” by Carla Marinucci for Politico

California: “California Legislative Staff Get Whistleblower Protections” by Kathleen Ronayne (Associated Press) for KPCC

Canada: “Ethics Czar Calls for Tougher Sanctions for Breaking Conflict of Interest Laws” by Beatrice Britnoff for iPolitics.ca

Oregon: “Kruse to Resign after Finding of Groping, Unwanted Touching at Oregon Capitol” by Gordon Friedman for Portland Oregonian

South Carolina: “Former S.C. House Majority Leader Rick Quinn Gets Probation in Misconduct Case” by Andrew Knapp and Glenn Smith for Charleston Post and Courier

Tennessee: “Mayor Megan Barry Affair: Ethics complaint alleges improper influence, prompts new probe” by Dave Boucher and Nate Rau for The Tennessean

Legislative Issues

Colorado: “If You Can Pay $250, Colorado Lawmakers May Let You Skip Security at State Capitol” by John Frank for Denver Post

Lobbying

Florida: “Scott Maddox Never Registered as Waste Pro Lobbyist” by Jeff Burlew for Tallahassee Democrat

North Dakota: “Amid Backlash, Gov. Burgum Reimburses Xcel Energy $37,000 for Super Bowl Tickets” by John Hageman for Grand Forks Herald

Oklahoma: “New Lobbying Rule Gets Mixed Review from Lawmakers and Those Who Try to Influence Them” by Barbara Hoberock for Tulsa World

South Carolina: “Utility Watchdog Asks SCANA and Dominion How Much They Are Spending on Lobbying, Advertising” by Andrew Brown for Charleston Post and Courier

Redistricting

Pennsylvania: “Pa. GOP Proposes a New Congressional Map. Democrats Say It’s Still Gerrymandered” by Liz Navratil, Jonathan Tamari, and Jonathan Lai for Pittsburgh Post-Gazette

Campaign Finance

Alaska: Group Picks Alaska to Challenge Unlimited Campaign Donations by Becky Bohrer (Associated Press) for Bristol Herald-Courier

Texas: Anti-Abortion Group Deletes State Senator’s Video After Questions of Legality Raised by Patrick Svitek and Jay Root for Texas Tribune

Ethics

California: California Legislative Staff Get Whistleblower Protections by Kathleen Ronayne (Associated Press) for KPCC

Canada: Ethics Czar Calls for Tougher Sanctions for Breaking Conflict of Interest Laws by Beatrice Britnoff for iPolitics.ca

Legislative Issues

Colorado: If You Can Pay $250, Colorado Lawmakers May Let You Skip Security at State Capitol by John Frank for Denver Post

Lobbying

Florida: Scott Maddox Never Registered as Waste Pro Lobbyist by Jeff Burlew for Tallahassee Democrat

North Dakota: Amid Backlash, Gov. Burgum Reimburses Xcel Energy $37,000 for Super Bowl Tickets by John Hageman for Grand Forks Herald

South Carolina: Utility Watchdog Asks SCANA and Dominion How Much They Are Spending on Lobbying, Advertising by Andrew Brown for Charleston Post and Courier

Federal:

Hero or Hired Gun? How a British Former Spy Became a Flash Point in the Russia Investigation.
Washington Post – Tom Hamburger and Rosalind Helderman | Published: 2/6/2018

Former British spy Christopher Steele wrote memos that came to be known as the dossier and has become the central point of contention in the political brawl raging around the Russia inquiry by special counsel Robert Mueller. Some consider Steele to be a hero, a latter-day Paul Revere who, at personal risk, tried to provide an early warning about the Kremlin’s unprecedented meddling in a U.S. campaign. Those who distrust him say he is merely a hired gun leading a political attack on President Trump.  Steele himself struggled to navigate dual obligations – to his private clients, who were paying him to help Clinton win, and to a sense of public duty born of his previous life.

Trump Picks New Federal Ethics Chief
Politico – Josh Gerstein | Published: 2/7/2018

President Trump nominated a new director for the Office of Government Ethics (OGE), several months after the previous director, Walter Shaub, resigned over frustration with the administration. Trump nominated Emory Rounds, a current associate counsel at the OGE, to head the independent agency. Rounds previously served as an ethics attorney at the Commerce Department and in the Judge Advocate General’s Corps of the U.S. Navy.

White House Officials Knew About Porter’s Abuse Allegations and Scrambled to Protect Him
CNN – Kaitlin Collins, Kevin Liptak, and Dan Merica | Published: 2/8/2018

President Trump’s staff secretary, Rob Porter, resigned after his two ex-wives accused him of physical and emotional abuse, with one presenting pictures of her blackened eye. Porter was the gatekeeper to the Oval Office, determining which policy proposals reached the president’s hands and screening the briefing materials his visitors shared with him. Sources said the allegations against Porter had contributed to a delay in granting him a permanent security clearance. Aides had been aware generally of accusations against Porter since late last year, White House advisers said.

From the States and Municipalities:

Arizona – Arizona House Expels Yuma Rep. Don Shooter After Sexual-Harassment Findings
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 2/1/2018

The Arizona House voted to expel a Republican lawmaker after a report ordered by legislative leaders of his own party showed he engaged in a pattern of sexual harassment toward women. Rep. Don Shooter is believed to be the first state lawmaker in the U.S. to be voted out of his seat since the #MeToo movement against sexual misconduct began in the fall. Shooter was facing censure, House Speaker changed his mind after Shooter sent a letter to his colleagues asking that they delay the vote to consider whether there also are credible charges against Rep. Michelle Ugenti-Rita, who was the first to level harassment charges against Shooter.

California – Oakland Asks District Attorney to Investigate Alleged Bribes by Cannabis Lobbyist
East Bay Times – Darwin BondGraham | Published: 2/2/2018

A man who Oakland City Council President Larry Reid says tried to bribe him to help obtain a cannabis dispensary permit also allegedly offered two businessmen assistance in getting a dispensary license in exchange for bags of cash. Developer Dorian Gray tried in January to give Reid an envelope he said had $10,000 in it, Reid said. Gray then approached the city official who oversees Oakland’s cannabis permit office and offered him a free trip to Spain to tour cannabis lounges there. The matter has been referred to the to the Alameda County district attorney’s office. The city’s Public Ethics Commission has opened its own investigation.

District of Columbia – D.C. Council Approves Fair Elections Act
Washington Times – Julia Airey | Published: 2/6/2018

The District of Columbia Council gave final approval to legislation authorizing publicly financed campaigns, clashing with Mayor Muriel Bowser, who vowed she would not fund the program. The voluntary system would allow qualified candidates to receive a base sum that varies by office, with a maximum of $160,000 for the mayoral contest as well as a five-to-one match on small donations. Supporters say the program will open local politics to new candidates, increase the power of small donors, and reduce the influence of wealthy campaign contributors. But critics including Bowser say the program, estimated to cost city taxpayers $5?million a year, will waste precious funds.

Florida – FBI Lays Out Case for Bribery, Mail Fraud in Search Warrant
Tallahassee Democrat – Jeff Burlew | Published: 2/5/2018

An FBI search warrant lays out a “pay-to-play” scheme where Tallahassee City Commissioner Scott Maddox allegedly received tens of thousands of dollars in payments from clients seeking to do business with the city through his friend and business associate Paige Carter-Smith, owner of the lobbying firm Governance Services. Among the firm’s clients were Uber and FBI undercover agents posing as developers and a medical marijuana entrepreneur. The warrant says Maddox sold Governance Services to Carter-Smith between 2010 and 2012. After the sale, Maddox denied keeping an interest in the company, but continued his control of the firm and profited from its work.

Florida – Tallahassee Commission Adopts Broad New Ethics Rules
Tallahassee Democrat – Jeffrey Schweers | Published: 2/3/2018

The Tallahassee City Commission adopted an ethics reform ordinance that includes a ban on elected or appointed officials soliciting gifts from vendors, lobbyists, or tenants of city property, prohibits elected or appointed officials from accepting any gifts totaling over $100 in any calendar year, and a requires elected officials to file their financial disclosure forms and quarterly gift forms with the city treasurer-clerk. An ethics complaint filed at the same time with any law enforcement agency or the Florida Commission on Ethics will be put on hold until the other agency concludes its investigation.

North Carolina – Lobbyist Charged with Felonies After Investigation of Bail Bonds Advocacy
Raleigh News and Observer – Colin Campbell | Published: 2/7/2018

Raleigh attorney and lobbyist Mark Bibbs was indicted on 10 charges, including obstruction of justice, perjury, and lobbying without registering. Prosecutors said Bibbs lobbied legislators on behalf of a bail bonds company without properly registering and then lied under oath about his actions to the North Carolina secretary of state’s lobbying compliance investigators. Investigators spent months looking into Bibbs’ work in 2016 on behalf of NC Bail Academy, Rockford-Cohen Group, All American Bail Bonds, and Cannon Surety. A complaint about Bibbs’ activities was filed by Robert Brawley, a former state lawmaker who was a partner in the Cannon Surety business.

North Carolina – Supreme Court Temporarily Blocks Stanford Professor’s Election Districts for Wake and Mecklenburg
Raleigh News and Observer – Anne Blythe | Published: 2/6/2018

The U.S. Supreme Court partly granted a request from North Carolina Republicans to block a voting map drawn by a federal court. That court had interceded after finding a map drawn by state lawmakers for the General Assembly had relied too heavily on race and had violated state laws. The Supreme Court’s order, which was brief and gave no reasons, partly blocked that decision while the justices consider whether to hear an appeal in the case.

South Carolina – SC Special Prosecutor Wants to Toss Out Quinn’s Guilty Plea If He Won’t Admit Crime
The State – John Monk | Published: 2/5/2018

Special prosecutor David Pascoe said when former South Carolina Rep. Rick Quinn pleaded guilty to misconduct in office in December, he did so without actually admitting to any crime. Therefore, Pascoe in said in court filings, Quinn should revise his guilty plea. Pascoe wants him to make it clear he intended to commit a crime when he failed to report that a business he was associated with received nearly $30,000 from the University of South Carolina. Quinn’s crime was failure to disclose that payment, Pascoe says, adding it was legal for the business to take the university’s money.

Tennessee – Mayor Barry Recommended City Job for Daughter of Officer with Whom She Had Affair
The Tennessean – Anita Wadhwani | Published: 2/6/2018

Within months of taking office, Nashville Mayor Megan Barry recommended the adult daughter of the head of her security detail – the man with whom she later admitted to having an affair – be hired for a job in the city’s legal department. The daughter got the job. The position as an entry-level city attorney was the first newly created job in Nashville’s legal department in two years. It was not part of the existing budget. Barry approved the new job opening and no other candidate was considered. Ethics experts say that whether the mayor made the recommendation to hire the woman during her romantic relationship, or in its prelude, her involvement in a hiring decision may constitute a misuse of her office.

Virginia – Dozens of Virginia Churches Have Been Donating Cash to Campaigns for Years, Despite Law
The Virginian-Pilot – Bill Bartell | Published: 2/1/2018

For years, national Christian conservative activists have argued churches and other houses of worship should be allowed to endorse or donate money to candidates. Such support is prohibited if a religious organization wants to keep its tax-exempt status. But in Virginia, dozens of churches have been donating cash to campaigns for several years. Sen. Lionell Spruill Sr. received almost two-thirds of the $31,500 that churches have given to Virginia candidates in the past two decades. Spruill argues the checks were not campaign contributions – the churches were buying tickets for their members at a reduced price to his annual campaign fundraising dinner.

Washington – Seattle Says Facebook Is Violating City Campaign Finance Law
Reuters – David Ingram | Published: 2/6/2018

The Seattle Ethics and Elections Commission said Facebook has violated the city’s election advertising laws. It is the first attempt at regulatory action on internet companies over political ads on their platforms. The company could pay as much as $5,000 per ad in fines if it does not disclose information about campaign spending on its platform during last year’s city elections. The company has provided partial spending numbers, but not copies of ads or data about whom they targeted. The commission’s executive director, Wayne Barnett, said Facebook’s response “doesn’t come close to meeting their public obligation.”

West Virginia – Ethics Commission OKs Tourism Contract with Justice’s Greenbrier Resort
Charleston Gazette-Mail – Phil Kabler | Published: 2/1/2018

West Virginia Division of Tourism officials can partner with The Greenbrier resort in an advertising campaign after the state Ethics Commission granted the division a contract exemption. Tourism officials argued it would be an undue hardship if the state could not enter into an agreement with The Greenbrier as part of their new centralized advertising campaign. The contract exemption was needed to avoid potential conflicts-of-interest, since Gov. Jim Justice is primary owner of the resort, and as governor, has authority to hire or fire the state Secretary of Commerce and the Tourism commissioner. That effectively gives Justice direct authority over the proposed state contract with The Greenbrier, in violation of the ethics law.

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.

A bill was introduced in Utah restricting funds from a campaign account owned by a lobbyist.

House Bill 213 prohibits a lobbyist from using his or her own campaign account money for political purposes, unless the expenditure is in support of the candidacy of that lobbyist.

The bill passed the first reading and is currently in the House Business and Labor Committee.

National:

Just How Bad is Partisan Gerrymandering? Ask the Mapmakers.
New York Times – Michael Wines | Published: 1/29/2018

Eric Hawkins, an analyst for the political consulting firm NCEC Services, is part of a cottage industry of statisticians, computer jockeys, and political sages whose business is to turn demographic data into electoral maps. His firm works exclusively with Democrats; others – like Geographic Strategies, run by the former Republican Party redistricting expert Thomas Hofeller – are loyal to Republicans. If most mapmakers are partisan, their work goes well beyond back-room politics. A good map meets constitutional requirements, such as allotting an equal number of people to every district, and respecting racial and ethnic populations. For their part, mapmakers point out their job is to implement political will, not to determine it.

Federal:

CDC Director Resigns Because of Conflicts Over Financial Interests
Washington Post – Lena Sun | Published: 1/31/2018

Centers for Disease Control and Prevention Director Brenda Fitzgerald resigned, one day after reports that she traded tobacco stocks while heading the agency. Fitzgerald has said she divested from many stock holdings. But she and her husband were legally obligated to maintain other investments in cancer detection and health information technology, according to her ethics agreement, requiring Fitzgerald to pledge to avoid government business that might affect those interests. In Congress, some lawmakers had become increasingly concerned over Fitzgerald’s ability to do her job effectively.

Trump Groups Raised Millions, Then Paid It Out to Loyalists and a Trump Hotel
Las Vegas Sun – Kenneth Vogel and Rachel Shorey (New York Times) | Published: 1/25/2018

President Trump’s close political advisers are making millions of dollars working for several different entities gearing up for Trump’s re-election campaign, raising questions about whether they are following campaign finance laws designed to keep campaigns from coordinating with big-money outside groups. Campaign finance reports shed light on a network of groups that were formed to support Trump, but have spent less than other groups bolstering his agenda, while steering money to the president’s businesses and his most ardent surrogates.

Why the Russia Probe Demolished One Lobbying Firm but Spared Another
Politico – Theodoric Meyer | Published: 2/1/2018

Paul Manafort, President Trump’s former campaign chief, once arranged the hiring of the lobbying firms Podesta Group and Mercury to work on behalf of a nonprofit that was ostensibly independent but which prosecutors say was “under the ultimate direction” of the president of Ukraine. Manfaort has been indicted on charges that include violating the Foreign Agents Registration Act. The Podesta Group collapsed within weeks of Manafort’s indictment, but Mercury just had its best year ever. There is no single explanation for why one firm imploded while the other appears to be relatively unscathed, but it is evident the Podesta Group was under pressures that Mercury did not face.

From the States and Municipalities:

Alabama – Patricia Todd Says Campaign Subpoena Was ‘Last Straw’ in Decision to Not Seek Re-election
AL.com – Roy Johnson | Published: 1/30/2018

Alabama Rep. Patricia Todd says the state’s ethics laws regarding interactions between lawmakers and non-profits made it difficult, if not impossible, for her to get a job in her profession as an advocate in the non-profit sector. But after Todd announced she will not run for re-election, she received an offer from the Consumer Financial Education Foundation of America which she accepted. Todd said potential employers were skittish about regulations that consider anyone whose job entails speaking with a legislator as a lobbyist, and rules around interactions between lawmakers and lobbyists are strict.

Florida – Proposed Change to Sexual Harassment Bill Adds Sex to Lobbying Gift Ban
Florida Politics – Ana Ceballos | Published: 1/29/2018

Sexual favors between Florida legislators and lobbyists could be illegal under a proposed amendment to a bill. Sen. Lauren Book wants to incorporate any type of sexual conduct, whether engaging in it or directing others to do it, into the state’s gift ban. The change would apply to any public official, including an “employee of an agency or local government attorney.” It would also require anyone who files a public disclosure of their financial interests to certify they have reviewed the new gift ban policy.

Illinois – IG Office: Sex harassment legislation needs teeth for lobbyists
State Journal-Register – Maximilian Kwiatkowski | Published: 1/30/2018

Sexual harassment legislation passed last year is weak when it comes to requiring lobbyists to cooperate with investigations, according to two representatives of the Illinois secretary of state’s inspector general’s office. Deputy Inspector General Randy Blue said the laws do not contain strong enough penalties or ways to enforce the rules on lobbyists working in the Capitol. Prior to the legislation, the secretary of state’s jurisdiction involving lobbyists was solely with their registration and expenditure reports. Now, it oversees sexual harassment allegations, too.

Kansas – Kansas Intern Confidentiality Rule: What happens in a lawmaker’s office stays there
Kansas City Star – Lindsay Wise (McClatchy) and Hunter Woodall | Published: 1/29/2018

The Kansas Legislature requires interns to sign agreements to keep anything that takes place or is said in a lawmaker’s office confidential, or the interns could be fired. Employment law experts who reviewed the agreement say it is written so broadly it could deter interns from reporting harassment or illegal activity, and might violate the First Amendment. Legislative leaders say the agreement is intended to remind interns that private political discussions should stay private, although they acknowledge the intention is not clear.

New York – 2 Donors Plead Guilty, but the Mayor Is Not Charged. Why?
New York Times – William Rashbaum and William Neuman | Published: 1/26/2018

A major donor to New York City Mayor Bill de Blasio testified he made donations to an elected official that sources identify as the mayor to win favorable treatment from City Hall. Harendra Singh made the “pay-to-play” assertion during a plea proceeding in October 2016, but his statement remained hidden from public view until now. The mayor’s ties to Singh and several other campaign donors for whom he did favors were investigated by federal prosecutors. They decided not to bring charges against de Blasio or his aides, but in doing so, they issued a cutting statement raising questions about the mayor’s ethics and making it clear he had done favors for donors.

North Carolina – In Power Struggle with GOP Lawmakers, Cooper Wins Election Board Revamp Lawsuit
Raleigh News and Observer – Anne Blythe | Published: 1/26/2018

The North Carolina Supreme Court limited the Republican-dominated Legislature’s efforts to minimize Democratic Gov. Roy Cooper’s ability to pursue his goals, declaring unconstitutional a law devising a state elections board that hinted at deadlock. The justices ruled Cooper could not be forced to pick a politically divided, eight-member elections board from names the two major political parties selected. The law prevented the governor from removing members with whom he disagreed unless there was wrongdoing. The law makes Cooper unable to fulfill his duties to ensure election laws are followed because half of the board will be people who will probably oppose the governor’s policy preferences, the majority opinion said.

South Dakota – Ex-SD Lawmaker Returns Lobbyist Credentials Amid Concerns
Rapid City Journal – Bob Mercer | Published: 1/29/2018

Former South Dakota Sen. Corey Brown said he has given back the lobbyist badge he received to represent Sanford Health at the 2018 legislative session amid a concern he might be breaking a state law. The Legislature decided last year that many former state government officials must wait two years before starting work as private lobbyists in South Dakota. Brown retired from the Legislature at the end of 2016. He began work January 8 for Sanford Health as senior legislative specialist for South Dakota. “The confusion comes because there are different interpretations of the law,” Brown said.

Tennessee – Nashville Mayor Megan Barry Admits to Extramarital Relationship with Top Police Security Officer
The Tennessean – Joey Garrison, Nate Rau, and Dave Boucher | Published: 1/31/2018

Nashville Mayor Megan Barry apologized for having an affair with the head of her security detail, Sgt. Robert Forrest Jr. of the Metropolitan Nashville Police Department. The affair has drawn scrutiny to the overtime that Forrest accrued while managing her detail. Forrest accompanied Barry on trips to Paris, Athens, Washington, New York, and other cities in the past year. He racked up around $33,000 in expenses for the trips and more than $50,000 in overtime in 2017 on top of an $84,500 salary. Nine of the trips were only Barry and Forrest, including a trip to Greece in September.

Wisconsin – Wisconsin Ethics Commission Hits Pause Button after Senate Rejects Director
Milwaukee Journal Sentinel – Patrick Marley | Published: 1/25/2018

Wisconsin Ethics Commission Administrator Brian Bell returned to his old job at the state Department of Safety and Professional Services as a policy analyst, two days after Senate Republicans refused to confirm his appointment to the commission. Ethics Commission Chairperson David Halbrooks said he hoped to eventually bring back Bell as its director but wanted to wait to see what happens on the legal and legislative front in the coming weeks.

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.

Campaign Finance

National: “How the Koch Network Learned to Thrive in the Trump Era” by James Hohmann and Michelle Ye Hee Lee for Washington Post

Illinois: “Cook County Cook County Assessor Berrios Sues Over Ordinance Limiting Campaign Contributions” by Ray Long for Chicago Tribune

Maine: “Maine GOP Director’s Links to Anonymous Website Add Fuel to Ethics Complaint” by Michael Shepherd for Bangor Daily News

Texas: “Does Business Group’s Use of ‘Dark Money’ for Its Political Action Committee Follow State Ethics Rules?” by Jay Root and Ryan Murphy for Texas Tribune

Ethics

National: “Andrew McCabe, FBI Deputy Director, Steps Down Amid Trump and Republican Criticism” by Kevin Johnson and David Jackson for USA Today

Kansas: “Kansas Intern Confidentiality Rule: What happens in a lawmaker’s office stays there” by Lindsay Wise (McClatchy) and Hunter Woodall for Kansas City Star

Legislative Issues

Maryland: “Ethics Panel Finds Baltimore Del. McCray Breached Legislature’s Conduct Standards” by Staff for Baltimore Sun

North Carolina: “In Power Struggle with GOP Lawmakers, Cooper Wins Election Board Revamp Lawsuit” by Annew Blythe for Raleigh News and Observer

Lobbying

United Kingdom: “New Lobbying Rules for Business to Come into Force” by Staff for Insider.co.uk

National:

Inside Facebook’s Year of Reckoning
Washington Post – Elizabeth Dwoskin | Published: 1/22/2018

Mark Zuckerberg said Facebook would step back from its role in choosing the news that 2 billion users see on its site every month. The move was one result of an 18-month struggle by Facebook to come to grips with its dark side. As outsiders criticized the social network’s harmful side effects, such as the spread of disinformation and violent imagery, internal debates played out over how forthcoming to be about Russian meddling on its platform during the 2016 election and how to fight the perception that Facebook is politically biased. Right now, the company is not confident it can prevent the problems that roiled Facebook during the 2016 presidential campaign.

Federal:

Big Pharma Greets Hundreds of Ex-Federal Workers at the ‘Revolving Door’
CaliforniaHealthline.org – Sydney Lupkin (Kaiser Health News) | Published: 1/25/2018

A Kaiser Health News analysis shows hundreds of people have moved through the “revolving door” that connects the drug industry to Capitol Hill and the U.S. Department of Health and Human Services. Nearly 340 former congressional staffers now work for pharmaceutical companies or their lobbying firms. The analysis also showed more than a dozen former drug industry employees now have jobs on Capitol Hill, often on committees that handle health care policy. In many cases, former congressional staffers who now work for drug companies return to the Hill to lobby former co-workers or employees. It raises concerns that pharmaceutical companies could wield undue influence over drug-related legislation or government policy.

FBI Investigating Whether Russian Money Went to NRA to Help Trump
McClatchy DC – Peter Stone and Greg Gordon | Published: 1/18/2018

The FBI is investigating Russian banker Alexander Torshin for allegedly funneling money to Donald Trump’s 2016 presidential campaign through contributions made to the National Rifle Association (NRA). As special counsel Robert Mueller’s probe continues, investigators are now looking into Torshin, the deputy governor of Russia’s central bank who is known for his close relationships with both Vladimir Putin and the NRA, two sources familiar with the inquiry said. It is illegal to use foreign money to influence federal elections.

Fewer Than 16,000 Donors Accounted for Half the Federal Campaign Contributions in 2016
Washington Post – Michelle Ye Hee Lee | Published: 1/19/2018

More than 3.2 million Americans contributed to federal candidates in the 2016 elections, but fewer than 16,000 of them provided half the donations, a sign of the increasing concentration of donor activity in the U.S., according to a new report. The Bipartisan Policy Center’s analysis mapped the growing influence of wealthy political contributors and independent political groups in the seven years since federal court decisions unleashed a new era of big-money spending. Super PACs spent $1.1 billion in the 2016 elections, nearly 17 times more than such independent political committees put into federal races in 2010, the first year they came into existence, the report found.

The Mueller Effect: FARA filings soar in shadow of Manafort, Flynn probes
NBC News – Julia Ainsley, Andrew Lehren, and Anna Schecter | Published: 1/18/2018

Hundreds of new and supplemental Foreign Agents Registration Act (FARA) filings by U.S. lobbyists and public relations firms since Special Counsel Robert Mueller charged two of President Trump’s aides with failing to disclose their lobbying work on behalf of foreign countries. The flood of new filings provides a window into the opaque industry of foreign lobbying in Washington, D.C. The uptick, legal experts say, comes from a new awareness that a failure to disclose overseas political work could lead to federal charges.

From the States and Municipalities:

California – San Francisco Ousts a Mayor in a Clash of Tech, Politics and Race
New York Times – Thomas Fuller and Conor Dougherty | Published: 1/24/2018

The appointment of venture capitalist Mark Farrell as San Francisco’s interim mayor, and the ouster of London Breed from that position, in some ways exemplified a larger battle for the soul of the city. In seven years, the median price of a home has nearly doubled to $1.3 million – a transformation, driven by the riches of the technology industry, that continues to push out longtime residents, many of them nonwhites. Amid the debate over the tech industry’s influence, there was the powerful imagery of a black woman being thrown out of office, albeit an interim one, in a city that has a long history of discrimination against blacks.

Colorado – Puffy Jackets and Poinsettias: Gifts to Denver council members from DIA and other city offices draw ethics scrutiny
Denver Post – Jon Murray | Published: 1/22/2018

A recent advisory opinion by the Denver Board of Ethics argued the prohibition on elected officials accepting or soliciting most items worth more than $25 – from givers with a city interest – could apply to gifts from city offices the same way it does to those from outside contractors. The opinion has drawn formal pushback from the city attorney’s office and has sparked debate among council members, who may have the last word by passing an explicit exclusion for city-provided gifts to the ethics code.

Georgia – Former Atlanta City Official Gets 2 Years in Bribery Probe
Los Angeles Times – Kate Brumback (Associated Press) | Published: 1/18/2018

Atlanta’s former chief procurement officer was sentenced to serve more than two years in prison for accepting bribes in exchange for lucrative city contracts. U.S. District Court Judge Steve Jones also ordered Adam Smith to pay $44,000 restitution and a $25,000 fine. He was charged as part of an ongoing federal investigation into corruption at City Hall. Prosecutors have not publicly identified the vendor they say gave Smith envelopes of cash at meetings at restaurants every other week for nearly two years, a total of more than 40 payments.

Maine – A ‘Pro-White’ Town Manager Who Wants Races to Separate Refused to Quit. So Town Officials Fired Him.
Washington Post – Marwa Eltagouri and Kristine Phillips | Published: 1/24/2018

Tom Kawczynski put Jackman, Maine on the map when media outlets across the country began publishing stories about the town manager’s seemingly unequivocal views that Islam has no place in the Western world, and Americans would be better off if people of different races “voluntarily separate.” Officials in Jackman – a town of fewer than 1,000 people, where nearly all residents are white – remained mostly quiet about the incident until selectmen decided to fire Kawczynski. His termination could raise questions about whether towns and corporations can dismiss employees for offensive speech, which is protected by the Constitution.

New Jersey – Phil Murphy Executive Order Tightens Gift Rules for Governor
Bergen Record – Dustin Racioppi | Published: 1/18/2018

New Jersey Gov. Phil Murphy signed an executive order tightening rules on gift disclosures. The order requires the governor to disclose gifts from anyone he has met since January 16, 2015, three years before his inauguration. Anyone he met before then, Murphy said, would be considered a “pre-existing relationship.” Murphy’s predecessor, Chris Christie, came under criticism during his tenure for his use of an exemption that allowed him not to disclose gifts from people he claimed as friends.

New York – Vance Bans Donations from Lawyers with Pending Cases
New York Times – James McKinley Jr. | Published: 1/22/2018

Manhattan’s district attorney said he will no longer accept campaign contributions from lawyers with business before his office, including those representing people being investigated or prosecuted. The announcement by Cyrus Vance Jr. came after he faced heavy criticism for taking money from attorneys who represented movie mogul Harvey Weinstein and a lawyer who represented the Trump Organization in a fraud investigation. In response, Vance had asked the Center for the Advancement of Public Integrity at Columbia Law School to make recommendations for how to vet donors to eliminate potential bias.

North Carolina – Supreme Court Temporarily Blocks North Carolina Gerrymandering Ruling
New York Times – Adam Liptak and Alan Blinder | Published: 1/18/2018

The U.S. Supreme Court said North Carolina does not immediately have to redraw its congressional district maps, meaning the 2018 elections will likely be held in districts that a lower court found unconstitutional. The decision was not unexpected, because the Supreme Court generally is reluctant to require the drawing of new districts before it has had a chance to review a lower court’s ruling that such an action is warranted, especially in an election year.

Pennsylvania – Pa. Supreme Court Strikes Down Congressional Map as Unconstitutional, Orders Change Before May Primary
Philadelphia Inquirer – Jonathan Lai, Liz Navratil, and Angela Couloumbis | Published: 1/22/2018

The Pennsylvania Supreme Court threw out the state’s congressional map as unconstitutionally gerrymandered and gave lawmakers until February 9 to redraw the boundaries. Under a new map, Democrats, who hold only five of the state’s 18 congressional districts despite its status as a closely divided swing state, would likely have a much better opportunity to pick up several seats in their quest to retake control of the U.S. House. Experts have long held up Pennsylvania as one of the most extreme examples of partisan gerrymandering, in which district lines are precisely drawn to favor one political party over another.

Texas – Austin Lobbyists Agree to Disclose How Much They’re Paid
Austin American-Statesman – Elizabeth Findell | Published: 1/24/2018

Seventeen Austin lobbyist-lawyers who initially declined to cooperate with city rules requiring them to tell how much their clients pay them have changed their minds. A day before the Ethics Review Commission was set to hear ethics complaints, the city said all the lawyers had agreed to provide the information. Austin began requiring registered lobbyists last year to give a ballpark figure for what clients pay them to influence city officials, as they must disclose on the state and federal level. But at least 17 lobbyists who are also lawyers refused to do so, saying the disclosure would violate attorney-client privilege.

Wisconsin – Senate Votes to Force Out State Ethics and Elections Leaders
Wisconsin State Journal – Mark Sommerhauser | Published: 1/23/2018

The Wisconsin Senate refused to confirm the leaders of the state elections and ethics commissions, despite unanimous bipartisan support from the boards that hired them. The Senate voted against confirming elections Administrator Michael Haas and ethics Administrator Brian Bell. Majority Leader Scott Fitzgerald says he has lost confidence in both men’s ability to be nonpartisan. Both previously worked for the Government Accountability Board, which Republicans disbanded in 2015 after it investigated Gov. Scott Walker and other conservative groups. Watchdog groups have threatened to sue to keep Bell and Haas in their jobs.

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.

Campaign Finance

Canada: “Coalition of Unions Challenging Ontario’s Campaign Finance Law as Unconstitutional” by Robert Benzie for Toronto Star

Utah: “Special Interests Gave Utah Lawmakers $9 of Every $10 in Campaign Funds They Raised” by Lee Davidson for Salt Lake Tribune

Elections

National: “Inside Facebook’s Year of Reckoning” by Elizabeth Dwoskin for Washington Post

Ethics

Idaho: “High School Page Says 2 Idaho Lawmakers, Lobbyist Harassed Her Last Year” by Ruth Brown for Idaho Statesman

Maine: “A ‘Pro-White’ Town Manager Who Wants Races to Separate Refused to Quit. So Town Officials Fired Him.” by Marwa Eltagouri and Kristine Phillips for Washington Post

Maryland: “Former Baltimore County Schools Superintendent Dallas Dance Indicted on 4 Counts of Perjury” by Liz Bowie and Doug Donovan for Baltimore Sun

Nevada: “Barlow to Plead Guilty to Fraud, Resigns from Las Vegas City Council” by Jamie Munks for Las Vegas Review-Journal

Legislative Issues

Kansas: “No More Secret Votes, ‘Gut-and-Go’ Maneuvers in Kansas Legislature, Democrats Propose” by Judy Thomas, Hunter Woodall, and Laura Bauer for Kansas City Star

Lobbying

National: “Tax Law Showers Cash on Lobby Firms” by Megan Wilson for The Hill

Texas: “Austin Lobbyists Agree to Disclose How Much They’re Paid” by Elizabeth Findell for Austin American-Statesman