Campaign Finance

“U.S. Top Court Rejects Challenge to Political Ad Disclosure Rules” by Andrew Chung (Reuters) for U.S. News & World Report

West Virginia: “WV House Bill Requires Fundraiser Reports During 60-Day Session” by Eric Eyre for Charleston Gazette

Wisconsin: “Wisconsin Ethics Commission Records Taken in John Doe Leak Probe” by Patrick Marley for Milwaukee Journal Sentinel

Elections

“Democrats Elect Thomas Perez, Establishment Favorite, as Party Chairman” by Jonathan Martin for New York Times

Ethics

“Trump Inspires Encryption Boom in Leaky D.C.” by Andrew Restuccia and Nancy Cook for Politico

Minnesota: “For Local Officials with Family Ties, Transparency Counts” by Brandt Williams for Minnesota Public Radio

Washington: “Ethics Board Fines Puyallup Lawmaker $5,000 over Facebook Posts” by Melissa Santos for The News Tribune

Lobbying

Florida: “Senator Seeks Probe into Whether Lobbyist Lisa Miller Posed as ‘Concerned Citizen’ During Call” by Michael Malone for Florida Today

Illinois: “Six More Lobbyists Face Fines for Using Emanuel’s Private Emails” by Fran Spielman for Chicago Sun-Times

New York: “Reform Groups Call on Wright to Drop Dual Role” by Chris Bragg for Albany Times Union

Campaign Finance

“Billionaires and Corporations Helped Fund Donald Trump’s Transition” by Carrie Levine for Center for Public Integrity

Canada: “Lobbying Commissioner Probing Fundraiser Hosted by Apotex Chair: Democracy Watch” by The Canadian Press for The Globe and Mail

New Hampshire: “NH Senate Votes to Require Political Advocacy Groups to Register, Report Expenditures” by John DiStaso  for WMUR

Elections

“David Brock, Donors Wade into State Fights” by Kenneth Vogel for Politico

Arizona: “Arizona House Passes Bills to Restrict Citizen Initiatives” by Mary Jo Pitzl  for Arizona Republic

Ethics

“White House Selectively Blocks Media Outlets from Briefing with Spicer” by Hadas Gold for Politico

“Priebus Call to FBI Violated Norms, If Not Rules” by Isaac Arnsdorf for Politico

“Law Professors File Misconduct Complaint Against Kellyanne Conway” by Sari Horwitz for Washington Post

“Bobbleheads, Yes. Official Tweets, No. Federal Workers Wonder Where the Lines Are in the Trump Era.” by Lisa Rein for Washington Post

“Republican Lawmakers Introduce Bills to Curb Protesting in at Least 17 States” by Christopher Ingraham for Washington Post

Kentucky: “Auditors Find Shoddy Management, Conflicts of Interest at Kentucky Horse Park” by Linda Blackford for Lexington Herald-Leader

Missouri: “Missouri Governor Shuns State Plane, Flies at Private Costs” by David Lieb (Associated Press) for Springfield News-Leader

South Dakota: “Flood of Bills Addresses IM22 Provisions” by Bob Mercer for Rapid City Journal

Lobbying

California: “Regulators Investigating SDG&E for Potential Lobbying Violations” by Joshua Emerson Smith in San Diego Union-Tribune

EU: “New Lobbying Rules Face Uncertain Future” by Harry Cooper for Politico

Illinois: “Former Obama Aide Fined $90,000 for Illegally Lobbying Emanuel on Uber’s Behalf” by Bill Ruthhart and Hal Dardick for Chicago Tribune

See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!

Federal:

Flynn Departure Erupts into a Full-Blown Crisis for the Trump White House
Washington Post – Karen DeYoung, Abby Phillip, and Jenna Johnson | Published: 2/14/2017

President Trump’s ouster of national security adviser Michael Flynn, and the circumstances leading up to it, have become a major crisis for the fledgling administration, forcing the White House on the defensive and precipitating the first significant breach in relations between Trump and Congress. Senate Majority Leader Mitch McConnell said it was “highly likely” the events leading to Flynn’s departure would be added to a broader probe into Russian meddling in the U.S. presidential election. Intercepts showed Flynn discussed U.S. sanctions in a phone call with the Russian ambassador, a conversation topic that Flynn first denied and then later said he could not recall. McConnell’s comments followed White House revelations that Trump was aware “for weeks” that Flynn had misled Vice President Pence and others about the content of his late December talks with Russian Ambassador Sergey Kislyak.

Report Shows ‘Untapped Power’ of Constituent Advocacy
Roll Call – Bridget Bowman | Published: 2/13/2017

The Congressional Management Foundation released a report highlighting more than a decade’s worth of its surveys that show how citizens can best influence lawmakers. According to the group’s research, citizens who show up in person and are well-prepared with facts and arguments can have a sizable impact on undecided legislators. But recent flare-ups at town hall meetings across the country have also demonstrated the impact of constituents who show up and make their voices heard. Bradford Fitch, one of the report’s authors, said phone calls and emails are not necessarily the most effective ways of communicating with legislators, and neither is a confrontation. “When you’re yelling, Congress isn’t listening,” Fitch said.

Trump Campaign Aides Had Repeated Contacts with Russian Intelligence
New York Times – Michael Schmidt, Mark Mazzetti, and Matt Apuzzo | Published: 2/14/2017

Intercepted calls and phone records show several aides and allies to President Trump’s campaign were in contact with senior Russian intelligence officials. Current and former U.S. officials who spoke with The New York Times said the contacts were discovered during the same time that intelligence agencies were investigating Russia’s extensive hacking campaign, later determined to be aimed at helping Trump win the White House. The agencies sought to learn whether the Trump campaign was colluding with the Russians on the hacking or other efforts. The officials interviewed said so far, they had seen no evidence of such cooperation. But the intercepts alarmed American intelligence and law enforcement agencies, in part because of the amount of contact that was occurring while Trump was speaking glowingly about Russian President Vladimir Putin.

Who is Donald McGahn, the Fiery Lawyer at the Center of Virtually Every Trump Controversy?
Washington Post – Matt Zapotosky and Sari Horwitz | Published: 2/14/2017

As White House counsel, Donald McGahn is supposed to provide the president with legal guidance on the thorniest issues of the day, and to manage disputes between power players inside the administration and the various executive agencies. McGahn has been at the center of virtually every controversy during the Trump administration. He is a veteran campaign finance lawyer and former member of the FEC. Before taking over the role in the administration, he worked at the Jones Day law firm and as general counsel to the Trump campaign. He is a consummate Washington insider, but like the man for whom he works, he has an independent streak, those who know him say. “Don is not a buttoned-down guy,” said Bradley Smith, a law professor at Capital University and longtime professional friend of McGahn.

From the States and Municipalities:

Florida – At Miami’s Airport, There’s Economy, First Class and … Politician
Miami Herald – Douglas Hanks | Published: 2/8/2017

A new report from the Miami-Dade ethics commission chastised the county-owned Miami International Airport for offering elected officials VIP treatment, including golf-cart rides, cutting to the front of security and Customs, and other courtesies normally reserved for foreign dignitaries. Investigators concluded most of the trips by officeholders came during official government business. But there are multiple mentions of personal travel too, including trips to visit sick relatives and other unspecified vacations. The airport’s Protocol Office arranged four escorts for Rebeca Sosa, a county commissioner, and three for her sister. “These are unexplained,” the report said of the sibling’s VIP transits.

Florida
These Lawmakers Are On the Payroll of Firms That Lobby the Legislature
Sarasota Herald-Tribune – Zac Anderson | Published: 2/12/2017

The Florida Bar Association once issued a formal ethics opinion effectively prohibiting state lawmakers from working at firms that lobby the Legislature. That ethics opinion was rescinded in 1999 and now at least six Florida lawmakers, including the House speaker, work for law firms that lobby the Legislature. Those who defend the practice say there are provisions in state law and legislative rules to address any conflicts-of-interest. Some also argue that restricting such employment would discourage well-qualified individuals from serving in the Legislature because they would have to give up their jobs with big firms.

Kentucky – GOP Senators Want to Cut Sex Harassment Training
Louisville Courier-Journal – Morgan Watkins | Published: 2/13/2017

A few Republican state senators want to eliminate required sexual harassment training for lawmakers and cut back on the ethics-related instruction they receive, citing concerns about the effectiveness of those initiatives. Sen. John Schickel is sponsoring a bill would repeal existing requirements for lawmakers to go through sexual harassment and workplace harassment training. It also would require Kentucky legislators to sit through only 30 minutes of ethics-related instruction each January instead of the three hours currently mandated by state law. “It’s nothing more than political correctness training,” Schickel said. “If you don’t have good manners and good values when you come to Frankfort, I can assure you Frankfort will not teach them.”

Maryland – Gov. Hogan’s Office Has Blocked 450 People from His Facebook Page in Two Years
Washington Post – Ovetta Wiggins and Fenit Nirappil | Published: 2/8/2017

After a deluge of comments asking that he denounce President Trump’s controversial travel ban, Maryland Gov. Larry Hogan’s office blocked numerous posters and deleted their messages from his Facebook page. Gubernatorial spokesperson Doug Mayer said the governor’s office has blocked 450 people since Hogan took office two years ago. The office does not have a specific policy for handling comments on Hogan’s page, which has more than 146,500 likes. Mayer said most of the removed comments were “vulgar, derogatory, hateful or racist,” but aides have also deleted those that are a part of an organized effort. Erich Sommerfeldt, a public relations professor at the University of Maryland, said deleting negative comments, rather than responding to them, can hurt a company or public figure’s brand.

Missouri – Campaign Contribution Law Bans Corporation Donations to All Candidates
Missouri Times – Benjamin Peters | Published: 2/14/2017

Constitutional Amendment 2, which was approved by Missouri voters in November, places limits and rules on how candidates and committees can accept donations, including how much can be given. A recent advisory opinion from the Missouri Ethics Commission says the new law prohibits a corporation or labor organization from making direct contributions to a campaign committee, candidate committee, exploratory committee, or political party. That means no corporation may contribute to a candidate’s campaign at the statewide level. But with the race for St. Louis mayor and a number of local and municipal elections weeks away, the question has been raised of whether these rules apply to municipal election.

New Jersey – N.J. Election Agency Could Soon Fill Key Posts
Bergen Record – Salvador Rizzo | Published: 2/14/2017

Gov. Chris Christie and Democratic senators have struck a deal to reactivate New Jersey’s election watchdog agency, which has been toothless for nearly a year, unable to hold meetings or punish candidates who violate campaign finance restrictions. Senate Democratic leaders said they expect to fill all of the vacancies by March 13 on the Election Law Enforcement Commission (ELEC). Restoring ELEC to its full power is key to ensuring the integrity of this year’s election for governor, all 120 legislative seats, and hundreds of local races, experts said. Three persistent vacancies on ELEC’s four-member board have prevented it from holding meetings since last March, an unprecedented 11-month stretch of inactivity since the agency was founded in 1972.

North Carolina – N.C. Supreme Court Blocks Law Stripping Governor of Election Oversight Powers
Winston-Salem Journal – Richard Craver | Published: 2/13/2017

The North Carolina Supreme Court blocked a state law that strips the new Democratic governor of powers to oversee elections. A lower appeals court briefly let the law to take effect, allowing a revamped state elections board to meet for the first time. It is one of the changes passed in December that shifted power over running elections away from Gov. Roy Cooper. The law ends the practice of allowing the governor’s party to hold majorities on all state and county elections boards. Elections board positions would be evenly divided between major-party partisans. Republicans would control elections during even-numbered years, typically election years. It also combines the State Board of Elections with the campaign finance, lobbying, and ethics commissions into one state agency.

Tennessee – Amid Ongoing Durham Scandal, Probe Shows Problems with Law
The Tennessean – Joel Ebert and Dave Boucher | Published: 2/13/2017

A recent state audit that said former Rep. Jeremy Durham violated Tennessee’s campaign finance law is “packed with problematic stuff” that may provide fertile ground for an ongoing federal probe, said former U.S. Attorney Jerry Martin. The scrutiny on Durham shines a light on the state campaign finance law, created with light punishments by those it is intended to police. In addition, Durham’s actions outlined in the audit offer a glimpse of the criminal consequences he could face.

Texas – How Blind Is This Texas Oil Regulator’s Blind Trust, Managed by His Brother-in-Law?
Dallas News – Steve Thompson | Published: 2/7/2017

Since his election to a seat on the Texas Railroad Commission in 2014, Ryan Sitton has voted on dozens of issues involving energy companies that hire his firm, Pinnacle Advanced Reliability Technologies. Its business is helping clients ensure equipment stays reliable. Many of these issues have come before the oil and gas commission as part of its consent agenda, where items of no controversy are packaged together for approval. But a few have been contentious, and Sitton has played big roles in deciding them. Not once has Sitton disclosed a relationship or recused himself. Texas law prohibits state officials from voting on matters in which they have a “personal or private interest” and requires them to publicly disclose such conflicts. But the law does not clearly define a “personal or private interest.”

Vermont – Scott Administration Discourages Fraternizing with Lawmakers, Lobbyists
Vermont Press Bureau – Neal Goswami | Published: 2/10/2017

Vermont Gov. Phil Scott reportedly has directed staff and administrative personnel to avoid fraternizing after hours with legislators and lobbyists, but some observers say the directive is unrealistic in tiny Montpelier. Many states have codes of conduct for state employees and officials to follow regarding lobbyists, as do the federal government and the armed forces. But how realistic is Scott’s directive given the long tradition of lawmakers, lobbyists, and state officials rubbing – and bending – elbows together after hours?

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 creating an independent ethics commission is advancing through the New Mexico legislature.

House Joint Resolution 8 (HJR 8) seeks to amend the state constitution and establish a state ethics commission. The ethics commission would oversee complaints against public officials, both in the legislative and executive branches, as well as lobbyist and government contractors.

If passed, the proposed amendment would be placed on the 2018 general election ballot for voter approval.

HJR 8 unanimously passed the House Local Government, Elections, Land Grants and Cultural Affairs Committee and will be heard by the House Judiciary Committee next.

Lobbying

California: “Penalty for Lobbyist – But Not Politicians – After $51,000 Birthday Party” by Emily Alpert Reyes for Los Angeles Times

Utah: “Utah Lobbyists Treat Lawmakers with No Scrutiny” by Michelle Price (Associated Press) for Deseret News

Campaign Finance

“FEC Member: I have the right to demand Trump prove voter fraud claims” by Eli Watkins for CNN

Kansas: “Kansas Rejects Higher Limits on Donations to Candidates” by John Hanna (Associated Press) for McClatchyDC.com

Texas: “House Member Marks One-Year Anniversary of Filing Zero Campaign Finance Reports” by Jackie Wang for Texas Tribune

Ethics

“Trump’s ‘Winter White House’: A peek at the exclusive members’ list at Mar-a-Lago” by Nicholas Confessore, Maggie Haberman, and Eric Lipton for New York Times

“From Trump the Nationalist, a Trail of Global Trademarks” by Danny Hakim and Sui-Lee Wee for New York Times

Colorado: “Denver City Council Panel Advances New Ethics Rules” by Jon Murray for Denver Post

Florida: “Brevard County Commissioners Put Forth Ethics Reform Plan” by Dave Berman for Florida Today

Kentucky: “Liquor Dealer in Kentucky House Getting Action on His Liquor Bills” by John Cheves for Lexington Herald-Leader

Legislative Issues

“Tennessee, Texas Stand Out for Strengthened Hill Sway” by David Hawkins for Roll Call

Virginia: “Some Hope to Increase Diversity Among Va. Legislative Aides” by Patrick Wilson for Richmond Times-Dispatch

Thursday, February 23, is South Dakota’s crossover day, which is the final day for lawmakers to pass bills out of their chamber of origin.

Ahead of the deadline, lawmakers are set to consider campaign finance and ethics bills that were proposed in the wake of the repeal of Initiated Measure 22.

A bill to create a state government accountability board is scheduled to be heard by the House on Wednesday, February 22, and another bill to increase the revolving door restriction to three years was scheduled to be heard by the House on Tuesday, February 21.

A bill to raise the limit on what individuals may contribute to campaigns has passed the Kentucky Senate.

Senate Bill 75, sponsored by Sen. Damon Thayer, doubles the limit for individuals giving to candidates, caucus committees, and political parties.

The bill, similar to a measure introduced by Thayer in the past, also creates an additional disclosure report 60 days prior to an election. The bill has been transmitted to the House for consideration.

Lobbying

Arizona: “Lobbyist Pushes Arizona School-Choice Bill That Could Benefit His Family” by Yvonne Wingett and Rob O’Dell for Arizona Republic

Florida: “Document Suggests Former State Sen. Thrasher Violated Lobbying Ban as FSU Chief” by Arek Sarkissian for Naples Daily News

Massachusetts: “Online Lottery Could Yield Windfall for Private Companies” by Sean Murphy for Boston Globe

Campaign Finance

“Democratic Member to Quit Election Commission, Setting Up Political Fight” by 2017 Eric Lichtblau for New York Times

North Carolina: “Fletcher Hartsell, a Former NC Senator, Pleads Guilty in Misuse of Campaign Funds” by Anne Blythe and Craig Jarvis for Raleigh News & Observer

Ethics

“Flynn in FBI Interview Denied Discussing Sanctions with Russian Ambassador” by Sari Horwitz and Adam Entous for Washington Post

California: “Ex-Palm Springs Mayor and 2 Developers Charged with Corruption Involving $375,000 in Bribes” by Richard Winton for Los Angeles Times

Georgia: “Unease Spreads in Atlanta as a City Contracting Scandal Brews” by Richard Fausset for New York Times

Minnesota: “Mondale, Kelm-Helgen Leave U.S. Bank Stadium Panel in Wake of Luxury Suite Flap” by Rochelle Olson for Minneapolis Star Tribune

Ohio: “Former Councilwoman Mills Pleads Guilty, Fined $250 for Ethics Misdemeanor” by Rick Rouan for Columbus Dispatch

Oregon: “Two Years after Kitzhaber Resignation, Ethics Reform a Political Challenge for Oregon Lawmakers” by Gordon Friedman for Portland Oregonian

Tennessee: “Schmoozing, Boozing and a Quiet Resignation: Mark Lovell’s 100 days on Capitol Hill” by Joel Ebert and Mark Boucher for The Tennessean

With this issue of LobbyComply, State and Federal Communications would like to introduce a new guest columnist, Washington D.C.-based Gabrielle Woodard, a student from Kent State University (KSU). She will be writing articles looking at the history of lobbying and political contribution, the emergence of the compliance laws and regulations governing these activities, and other interesting topics. Look for these articles to appear every few weeks. We look forward to her research and insightful writing.

Gabrielle is a senior public relations major at KSU with a minor in political science. She served as president of Kent State’s chapter of the Public Relations Student Society of America during 2015-2016. Gabrielle spent the spring of 2015 participating in the Washington Program in National Issues and interned in the Office of Legislative Affairs within the Federal Communications Commission. She then spent her last two summers in Baltimore as a communications intern for Northrop Grumman, an international defense contractor. Gabrielle is spending this semester in Washington, D.C. and pursuing a career in government relations.

It is believed that lobbying began in the 1640s when political discussions and bargaining were held in the lobbies of the chambers of the British Parliament. The term “lobbyist” came from “lobby member” (who worked in a lobby where public officials were meeting.) The term “Lobbying” was first mentioned in print.

The term lobbyist was first used in 1831 in a reference to Ohio politics. The term quickly was adopted to label anyone who discussed issues with lawmakers based on special interest. President Ulysses S. Grant (serving from 1869-1877), who often visited Washington, D.C.’s Willard Hotel to smoke and engage in deals, made further use of the word “lobbyists” complaining they were there asking for legislative favors.

The first recorded person in the United States lobbying was William Hull, who was seeking additional compensation for the Veterans of the Continental Army.

Gifting to lawmakers began in the 1850s when Samuel Colt, the gunmaker, gifted guns to legislative leaders and their families, including a firearm to a congressman’s 12-year-old son.

Sources: The Center for Responsive Politics; RedState, WELOVEDEC; Bloomberg; and The Christian Science Monitor.

NEXT ARTICLE: The origins of lobbying disclosure laws.

Campaign Finance

‘Soft Money’ Case a Test for Trump, Supreme Court by Kenneth Doyle for Bloomberg BNA

Missouri: Amid Greitens Mystery, Missouri Democrats Revive Inauguration Funding Disclosure Bill by Jason Hancock for Kansas City Star

Ethics

Americans Are Seriously Stressed Out About the Future of the Country, Survey Finds by Colby Itkowitz for The Washington Post

Democratic Party Chairs Struggle to Harness Activism Burst by Heidi Przybyla and Fredreka Schouten for USA Today

New Jersey: Judge: Bridge case complaint against Christie can proceed by David Porter (Associated Press) for ABC News

Pennsylvania: Closer Monitoring on Tap for City Council’s Ethics Training by Julia Terruso for Philadelphia Inquirer

South Carolina: SC Government Watchdog Crangle Takes New Post but Will Still Be Working General Assembly by John Monk for The State

Texas: Texas May Still Be Giving State-Funded Pension to Convicted Elected Officials by Jackie Wang for Texas Tribune

Lobbying

Hawaii: Tightening The Rules for Lobbyists by Ian Lind for Honolulu Civil Beat

Procurement

Arizona: Rival Sues Taser Over Loss of Phoenix Police Body-Cam Contract by Megan Cassidy for Arizona Republic

On February 21, Vancouver, British Columbia, City Councilmember Andrea Reimer intends to request the Council consider a city lobbyist registry.

In her notice of motion to the Council, Reimer is asking the municipal legislature to submit a request to the province to allow municipalities the ability to register lobbyists, create rules for lobbyist’s conduct in their interactions with elected officials and public servants, and the ability to enforce those rules. Reimer also wants the city to investigate the city of Surrey’s current lobbyist registry to determine the cost impact and any other information Vancouver may find helpful.

British Columbia does not permit municipalities to use the provincial lobbyist registry and has not given municipalities the legal authority to enforce lobbyist rules.

The Third Session of the 58th Legislative Assembly of New Brunswick adjourned on February 17. The legislature next meets on March 14, with an expected adjournment date of May 5.

Lawmakers continued to consider governmental ethics legislation, including bills to amend the Members’ Conflict of Interest Act, the Lobbyists’ Registration Act, and the Crown Construction Contracts Act. On February 16, the Act to Amend the Political Process Financing Act, which would have prohibited political contributions from corporations and trade unions, was defeated.

Hawaii legislators are currently considering legislation aimed at closing an existing loophole in lobbyist registration and reporting rules. Currently, a lobbyist is one who spends more than five hours in a month or $750 in a reporting period attempting to influence a ballot issue or legislative or administrative action.

The law is not clear, however, with regards to the activities and time to be included when determining if an individual meets the lobbyist threshold. As a result, it has been utilized as a way to avoid public disclosure.

House Bill 290 would close the loophole by amending the registration threshold. A lobbyist would include anyone paid or who expects to be paid more than $1,000 in a year for lobbying, anyone who spends five hours in one month or 10 hours in a calendar year on lobbying, or anyone who lobbies on three or more measures during a legislative session.

The bill is just one part of a legislative package supported by the Hawaii State Ethics Commission. The Commission is also supporting bills to increase fines for ethics and lobbying violations, to amend various definitions related to lobbying, to amend special session lobbyist reporting requirements, and to allow lobbyist employers to file notices of termination.