It’s the fastest 2 minutes in lobbying, elections, ethics and legislative sessions news in this weeks video digest!

National:

AP Finds Legislatures Lack Public Records on Harassment
Arizona Daily Star – David Lieb (Associated Press) | Published: 4/11/2018

In the past 15 months, dozens of state lawmakers have been forced from office, removed from their leadership roles, reprimanded. or publicly accused of sexual misconduct in a mounting backlash against misbehavior by those in power. Yet the majority of state legislative chambers across the country have no publicly available records of any sexual misconduct claims over the past 10 years. They say no complaints were made, no tally was kept, or they do not legally have to disclose it. Some lawmakers and experts on sexual wrongdoing in the workplace say that suggests legislators are not taking the problem seriously.

Facebook Fallout Deals Blow to Mercers’ Political Clout
MSN – Nicholas Confessore and David Gelles (New York Times) | Published: 4/10/2018

The revelation that Cambridge Analytica improperly acquired the private Facebook data of millions of users has set off government inquiries, plunging Facebook into crisis. But it has also battered the nascent political network overseen by wealthy conservative donor Rebekah Mercer and financed by her father, Robert Mercer. Cambridge Analytica was co-founded by Robert Mercer. An advocacy group backing President Trump and controlled by Rebekah Mercer has gone silent following strategic disputes between her and other top donors. And no American candidate or super PAC has reported payments to Cambridge Analytica since the 2016 campaign.

Facebook’s New Rules Aim to Thwart the Kind of Ads Bought by Russian Trolls During the Election
Washington Post – Tony Romm | Published: 4/6/2018

Facebook announced a series of moves meant to improve the transparency of political ads and pages on its social media service. Facebook Chief Executive Officer Mark Zuckerberg said in a post that the company has started requiring advertisers to verify their identity and location before they can run political ads. That verification is meant to prevent foreign interference in U.S. elections. Facebook will also soon start verifying the identify and location of people who run large Facebook pages. Officials say Russian agents used pages to pose as Americans on different sides of the political spectrum in an attempt to spread misinformation before the election.

Federal:

Investigators Focus on Another Trump Ally: The National Enquirer
WRAL – Jim Rutenberg, Emily Steel, and Mike McIntire (New York Times) | Published: 4/11/2018

President Trump has deep connections with the country’s largest tabloid publisher, American Media Inc (AMI), which publishes The National Enquirer. The company’s chairperson, David Pecker, is a close friend of the president’s. Since the early stages of his campaign, Trump, his lawyer Michael Cohen, and Pecker have strategized about protecting him and lashing out at his political enemies. Now AMI has been drawn into an investigation of Cohen’s activities, including efforts to head off potentially damaging stories about Trump during his run for the White House. The inquiry presents thorny questions about AMI’s First Amendment protections, and whether its record in supporting Trump somehow opens the door to scrutiny usually reserved for political organizations.

From the States and Municipalities:

Alabama – Ivey Signs Ethics Exemption for Developers into Law
AP News – Kim Chandler | Published: 4/6/2018

Alabama Gov. Kay Ivey signed into law a bill that will exempt economic developers from the state ethics law. Economic developers would not be considered lobbyists and would not register with the state and disclose their employers and activity as lobbyists do, under the legislation. Supporters said developers do not currently register, but the law needed to be clarified because of recent questions over whether they should. Critics had argued that anyone seeking deals with the state should not be exempted, and such exemptions could be exploited.

Arizona – Ducey Signs Bill Overriding Local Laws on Certain Campaign-Finance Disclosures
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 4/5/2018

Arizona cities are losing their right to demand that nonprofit groups seeking to sway local elections divulge who is financing the effort. Gov. Doug Ducey signed legislation that pre-empts local ordinances requiring these groups to register as PACs. The measure, which takes effect this summer, also makes any effort to identify contributions off limits. It is not known whether Tempe will challenge the new law as an unconstitutional infringement on local powers. Tempe residents voted earlier this year to mandate disclosure of spending on local races.

Georgia – Man Gets Prison for Obstruction in Atlanta Bribery Probe
Washington Times – Kate Brumback (Associated Press) | Published: 4/9/2018

An Atlanta man who threw a concrete block through a city contractor’s window to discourage him from talking to federal investigators was sentenced to prison for obstructing their bribery probe. Shandarrick Barnes had pleaded guilty to obstructing justice. He is the fourth person to receive a prison sentence after entering a guilty plea in the ongoing federal investigation into a “pay-to-play” scheme for city contracts. U.S. Attorney Kurt Erskine said Barnes used “mob-like tactics” to try to keep construction contractor Elvin Mitchell Jr. from cooperating with investigators.

Hawaii – What’s Up with All the Gut-And-Replace Trickery at The Legislature This Year?
Honolulu Civil Beat – Nathan Eagle | Published: 4/5/2018

Watchdog groups have called on the Hawaii Legislature for years to end “misleading practices which keep the public in the dark,” as their 2013 petition to the House and Senate put it. There is the “gut-and-replace” tactic, which involves removing the entire contents of a bill and inserting the contents of another in its place without any notice. And there are the so-called Frankenstein bills that keep the original contents of one bill and add the contents of another that had died earlier in the session. A common practice this session combines both tactics while giving a couple of days’ notice.

Kansas – Kansas AG Wants Court to Bar Out-of-State Residents from Running for Governor
Kansas City Star – Hunter Woodall | Published: 4/10/2018

Kansas Attorney General Derek Schmidt filed a lawsuit to put the brakes on out-of-state gubernatorial candidates after 10 people living outside the state’s borders took initial steps to run. State law makes no express statement about candidates’ age or residency. News coverage about the lack of requirements has led to a slew of teenagers and non-Kansans forming campaign committees for a gubernatorial run. A man tried, and failed, to get his dog on the ballot.

Missouri – Woman: Sexual encounter with Greitens was not consensual. Lawmakers find her credible
Kansas City Star – Lindsay Wise (McClatchy) and Jason Hancock | Published: 4/11/2018

The crisis confronting Missouri Gov. Eric Greitens deepened with the release of a legislative report that outlines in detail new allegations about the governor’s behavior toward a woman who was his hair dresser. While Greitens has described the extramarital relations as “consensual,” the woman said it included unwanted and potentially coerced sexual acts that she felt afraid to say no to and physical violence, in addition to the threat of blackmail. The governor is facing a felony charge that he invaded the woman’s privacy by taking a nude photograh of her without her consent. The report raised the specter of impeachment for Greitens and prompted another round of calls for him to step down.

New Mexico – Biggest Donors Get Around Contribution Limits
New Mexico Political Report – Marjorie Childress (New Mexico In Depth) | Published: 4/9/2018

Even though New Mexico passed campaign contribution limits in 2009 after several high-profile elected officials went to jail for corruption, people still have the potential to contribute more than the limits by giving through companies they own, or combining with family members to give. A debate over contribution limits since then has often included arguments that limits just push money into political committees or “dark money” groups that spend money independently, making it more difficult for the public to know who is paying for political ads and other activities designed to influence elections. But good government advocates disagree.

New York – JCOPE Reaches Settlement with Top Lobbyist Over de Blasio Donation
Albany Times Union – Chris Bragg | Published: 4/9/2018

Lobbyist James Capalino agreed to pay $40,000 to settle an investigation by the Joint Commission on Public Ethics (JCOPE). The commission has been investigating Capalino’s fundraising for New York City Mayor Bill de Blasio’s now-defunct nonprofit Campaign for One New York. The probe relied on JCOPE’s re-interpretation of the state gift ban law. The law disallows public officials from accepting “valuable gifts” from people with business before state government if such a gift appears intended to influence the official. JCOPE in 2014 said donations to an official’s nonprofit are covered under the law.

Ohio – Amid FBI Investigation, Ohio House Speaker Cliff Rosenberger Resigns
Cincinnati Enquirer – Chrissie Thompson and Jessie Balmert | Published: 4/10/2018

Facing an FBI investigation into his spending and overseas travel, Ohio House Speaker Cliff Rosenberger said he will resign from office on May 1. Rosenberger has been criticized for his lavish lifestyle, which includes traveling around the world and staying in a luxury Columbus condominium owned by a wealthy Republican campaign donor. In August, Rosenberger took a four-day trip to London with GOP leaders from other states for an event paid for by the GOPAC Education Fund’s Institute for Leadership Development. Steve Dimon, a registered lobbyist for title lender LoanMax, also was on the trip. Title and payday lenders have been lobbying against proposed legislation in Ohio that would place restrictions on their industry. Dimon declined to say whether the two discussed any legislation or if he has been questioned by the FBI.

South Dakota – South Dakota a ‘Standout’ in Limiting Voters’ Ability to Bring Issues to the Ballot
Sioux Falls Argus Leader – Dana Ferguson | Published: 4/6/2018

South Dakota voters in 2016 passed a sweeping ethics reform initiative, which state legislators then struck down. A year after Initiated Measure 22’s demise, lawmakers passed a dozen bills tightening the reins on the initiative and referendum process. The onslaught of bills puts South Dakota in a league of its own in terms of restricting direct democracy. Now, advocates are scrambling to undo the laws that do the most damage before they are left fighting under the new constraints imposed on the process.

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.

The Colorado Secretary of State will host a rulemaking hearing on April 16 regarding proposed changes to lobbyist regulations. A copy of the revised draft is available online at the Secretary of State’s website.

Proposed changes include, but are not limited to, amending and adding lobbying definitions, clarification of professional lobbyist and lobbyist firm registration and disclosure requirements, and recodification to ensure uniform and proper administration and implementation of state law.

Written comments regarding the proposed draft may be submitted any time before and during the hearing.

On April 11, a bill was introduced in the Alberta Legislative Assembly to amend the providence’s lobbying laws. Bill 11, Lobbyists Amendment Act, 2018, lowers the threshold required for lobbyist registration from 100 hours per year spent lobbying to 50 hours. The proposed amendments also ban contingency lobbying but allow a consultant lobbyist who has entered into a contingency agreement before the law takes effect to received contingency payments until either the agreement expires or 24 months after the bill takes effect, whichever is earlier.

The legislation would also prohibit a consultant lobbyist or organizational lobbyist, during lobbying activities, to give any gift to a public office holder, being or intended to be lobbied, that would place the public office holder in a conflict of interest under the office holder’s own ethics rules.

Authority for additional administrative financial penalties for contraventions of the lobbying laws are included in the bill. The amount of an administrative penalty is determined by the registrar, who considers factors such as the severity of the contravention, the degree of willfulness or negligence in the contravention, any history of non-compliance, and whether the person who received the notice of administrative penalty has received an economic benefit because of the contravention.

Additionally, the bill creates new definitions for “public office holder” and “former public officer holder.”

The bill is being sponsored by MLA Christina Gray, who represents the provincial election district for Edmonton-Mill Woods.

Campaign Finance

National: “Facebook Fallout Deals Blow to Mercers’ Political Clout” by Nicholas Confessore and David Gelles for New York Times

National: “NRA Discloses Two Dozen Additional Contributions from Russian Donors” by Pete Madden and Matthew Mosk for ABC News

National: “Ex-Candidates May Face Restrictions on Campaign Cash” by Ken Doyle for Bloomberg Government

Missouri: “Missouri Defends Campaign Donation Limits in Eighth Circuit” by Joe Harris for Courthouse News Service

Elections

Kansas: “Kansas AG Wants Court to Bar Out-of-State Residents from Running for Governor” by Hunter Woodall for Kansas City Star

Ethics

Kentucky: “Kentucky Lawmaker Fined for ‘Inappropriate Text Messages’” by Adam Beam (Associated Press) for Miami Herald

Ohio: “Amid FBI Investigation, Ohio House Speaker Cliff Rosenberger Resigns” by Chrissie Thompson and Jessie Balmert for Cincinnati Enquirer

Legislative Issues

National: “AP Finds Legislatures Lack Public Records on Harassment” by David Lieb (Associated Press) for Arizona Daily Star

Natoinal: “Speaker Paul Ryan Will Not Seek Re-election in November” by Jonathan Martin and Nicholas Fandos for New York Times

National: “Bipartisan Senators Unveil Compromise Special Counsel Bill Amid Hopes to Break Political Logjam” by Karoun Demirjian for Washington Post

Lobbying

Missouri: “Records Show Drop in Number of Lawmakers Bunking with Lobbyist” by Kurt Erickson for St. Louis Post-Dispatch

The Maryland General Assembly adjourned sine die at midnight on April 9, 2018. Lawmakers passed legislation involving sexual harassment.

House Bill 1342, bans lobbyists from sexually harassing a member, employee, intern, or page of the General Assembly, an employee of the Department of Legal Services, an official or employee of the Maryland Executive Branch, or an individual regulated lobbyist.

Additionally, a lobbyist may report a violation of antiharassment policy and procedures by a member of the General Assembly to the State Ethics Commission.

If Gov. Hogan signs the bill into law, it will be effective immediately, however, the section involving lobbyists will not be effective until July 1, 2019.

Gov. Kay Ivey signed House Bill 317 into law on April 6, 2018.

House Bill 317, exempts economic development professionals from registering as a lobbyist.

Under the bill, the economic development professional lobbyist registration exemption does not apply if a person seeks incentives or funds through legislative action outside of incentives already available.

The provision has a sunset of one year as the Legislature is expected to revise the Alabama Ethics Code during the next legislative session.

Campaign Finance

New Mexico: Biggest Donors Get Around Contribution Limits by Marjorie Childress (New Mexico In Depth) for New Mexico Political Report

New York: State BOE Moves to Curb Autonomy of Enforcement Counsel by Rachel Silberstein for Albany Times Union

Ethics

National: Top Government Ethics Official Demands EPA Probe Pruitt’s Ethics Controversies by Brady Dennis (Washington Post) for Denver Post

National: Trump Advised to Stay Away from Fund for Staff in Russia Probe by Shannon Pettypiece for Bloomberg.com

National: Mueller Investigating Ukrainian’s $150,000 Payment for a Trump Appearance by Michael Schmidt and Maggie Haberman for New York Times

Colorado: Colorado State Sen. Vicki Marble Violated Ethics Rules Through Her Role in Oil and Gas Forum Last Year, Commission Rules by Jesse Paul for Denver Post

Florida: Hialeah’s ‘Junkyard Millionaire’ and His Son Charged in Opa-locka Corruption Case by Jay Weaver for Miami Herald

Georgia: Man Gets Prison for Obstruction in Atlanta Bribery Probe by Kate Brumback (Associated Press) for Washington Times

Elections

South Dakota: “South Dakota a ‘Standout’ in Limiting Voters’ Ability to Bring Issues to the Ballot” by Dana Ferguson for Sioux Falls Argus Leader

Ethics

National: “F.B.I. Raids Office of Trump’s Longtime Lawyer Michael Cohen; Trump Calls It ‘Disgraceful’” by Matt Apuzzo for New York Times

National: “Lobbyist Couple Had to Change the Locks on Pruitt” by Eliana Johnson for Politico

District of Columbia: “Emails: Ousted D.C. government watchdog frustrated the mayor’s aides” by Fenit Nirappil for Washington Post

Indiana: “Senate Candidate Braun Pushed Legislation Benefiting His Industry as a State Lawmaker” by Tony Cook, Kaitlin Lange, and Robert King for Indianapolis Star

Maryland: “Former Md. Liquor Board Commissioner Sentenced in Bribery Scheme” by Lynh Bui for Washington Post

Lobbying

Alabama: “Ivey Signs Ethics Exemption for Developers into Law” by Kim Chandler for AP News

New York: “JCOPE Reaches Settlement with Top Lobbyist Over de Blasio Donation” by Chris Bragg for Albany Times Union

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

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.

Kansas lawmakers passed a bill expanding the definition of lobbying to increase transparency in government contracts.

Senate Bill 394 requires lobbyist registration for attempting to influence members of the executive or judicial branch regarding any covered action, including contracts and agreements.

The final version of the bill removed a provision that would have raised the gift-giving threshold for purposes of goodwill lobbying to $100 from $40 annually.

If Gov. Jeff Coyler approves, the bill will take effect July 1.

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

Last month I went into detail on what was done in 2017 for our website. Today I am going to list out what we are doing in 2018 to make our website even more valuable.

My conversation a couple of months ago with Research Manager Michael Beckett continued with what he said would be added to our site. Our #1 goal is to continue support to our clients when there are questions and special projects.

1. Our work with our European Compliance is growing. Scotland will be completed and on our site in April. Other countries for 2018 include France, Germany, Austria, and Greece. We are giving our clients a great introductory offer to add European Compliance to the guides you are currently receiving.

2. We like to produce Tip Sheets—one pagers that help you answer quick questions. This year we will publish three of them:

• Social media lobbying (we weren’t talking about that 25 years ago);

• Gift splitting and reimbursement; and

• Restrictions on lobbyist contributions.

3. In addition, we are going to clarify the following in all our jurisdictions:

• Placement agents in our Procurement Lobbying Publication;

• Grass tops lobbying in our Lobbying Laws Publication;

• Procurement lobbying (contracts) vs. executive branch lobbying (rules and regulations) in our Procurement Lobbying Publication;

• Timing of contributions for purposes of aggregation in our Political Contributions Publication; Q&A regarding state contribution limits applicability to local candidates in our Political Contributions Publication;

• PAC contribution match by corporate employer rules in our Political Contributions Publication.

You will also see our familiar Executive’s Checklists in our Municipal Lobbying entries and we are always ready to add more municipalities.

Our team works all year long to make sure the State and Federal Communications website is always up-to-date on the work you need. This isn’t a side business for the company… it is the foundation of our overall business.

If you have any questions about our website, please do not hesitate to give me a call. It has been part of my DNA for a long, long time.