July 7, 2016 •
Ask the Experts – 2016 Party Conventions
Q. In what ways are my company and I allowed to get involved in the 2016 national party conventions? A. The opportunities for individuals and companies to involve themselves in this year’s party conventions are legion, but caution must be […]
Q. In what ways are my company and I allowed to get involved in the 2016 national party conventions?
A. The opportunities for individuals and companies to involve themselves in this year’s party conventions are legion, but caution must be exercised to avoid running afoul of the many intersecting laws governing your interaction with the delegates and other officials in attendance as well as the committees putting on the conventions.
Convention delegates and those seeking selection as delegates are subject to the federal contribution rules, which means corporations, labor organizations, foreign nationals and businesses, and federal contractors are not permitted to make contributions. However, those permitted to contribute may do so without limits. Delegates who are public officials are subject to the gifts laws governing the office they hold. In other words, federal officials are subject to federal gift laws, state officials are subject to state gift laws, and local officials are subject to any state and local laws applicable to their office.
Individuals and organizations seeking to become involved with the conventions may contribute to the convention host committees. The host committees are nonprofit organizations set up to encourage commerce in and project a favorable image of the convention city. Organizations and individuals may donate money and make in-kind donations to the host committee to defray the costs of the convention, including costs related to promoting the city and welcoming attendees, providing information and samples to attendees, administrative expenses, providing the use of convention facilities, transportation, law enforcement, hotel rooms, accommodations and hospitality for party site selection groups, and for other convention-related facilities and services.
Convention committees are related to the national party organizations and therefore federal campaign finance laws apply. As a result, direct and in-kind contributions using funds from a corporation, labor organization, foreign nations and businesses, and federal contractors are prohibited. Goods and services may be provided to the national committee in the ordinary course of business. Obviously, it’s quite important to distinguish the host committees from the convention committees. Thankfully, both host committees, the Cleveland 2016 Host Committee and the Philadelphia 2016 Host Committee, use the word “host” in their official names.
The national party conventions represent high profile ways to gain exposure both personally and for your organization. This high profile is also why compliance with the rules governing your dealings with committees, delegates, and attendees is so important.
You can directly submit questions for this feature, and we will select those most appropriate and answer them here. Send your questions to: experts@stateandfed.com.
(We are always available to answer questions from clients that are specific to your needs, and we encourage you to continue to call or e-mail us with questions about your particular company or organization. As always, we will confidentially and directly provide answers or information you need.) Our replies to your questions are not legal advice. Instead, these replies represent our analysis of laws, rules, and regulations.
July 7, 2016 •
Thursday News Roundup
Lobbying “Gov2Gov: The lobbying that falls under the radar” by Mike Maciag for Governing Rhode Island: “Raimondo: Lobbying law makes rules ‘clear, simple, consistent and transparent’” by Jennifer Bogdan for Providence Journal Campaign Finance Alabama: “Koch Brothers’ Plight Likened to […]
Lobbying
“Gov2Gov: The lobbying that falls under the radar” by Mike Maciag for Governing
Rhode Island: “Raimondo: Lobbying law makes rules ‘clear, simple, consistent and transparent’” by Jennifer Bogdan for Providence Journal
Campaign Finance
Alabama: “Koch Brothers’ Plight Likened to That of Civil Rights Workers in the 1950s” by John Dunbar for Center for Public Integrity
Arizona: “Possible Hack Shuts Down Online Portal to Public Campaign Financing” by Howard Fischer (Capitol Media Services) for East Valley Tribune
Minnesota: “Minnesota Campaign Watchdog Agency Director to Retire” by Rachel Stassen-Berger for St. Paul Pioneer Press
Ethics
“Is the Supreme Court Clueless About Corruption? Ask Jack Abramoff” by Carl Hulse for New York Times
Kentucky: “Lexington’s Ethics Act to Add Domestic Partners to Nepotism Ban” by Beth Musgrave for Lexington Herald-Leader
New York: “In Inquiry into Ex-Cuomo Aide, Disclosure Form Only Adds Mystery” by Vivian Yee for New York Times
South Carolina: “S.C. Ethics Commission Chief to Retire” by Avery Wilks for The State
Elections
“Nate Silver Is Happy to Be Wrong” by Glenn Thrush for Politico
July 6, 2016 •
Rhode Island Lobby Reform Act Takes Effect in 2017
Today, the 2016 Rhode Island Lobby Reform Act was celebrated at a ceremonial signing during a State House Library ceremony. “This legislation provides the public with the means to easily discern who is lobbying for what, as well as, giving […]
Today, the 2016 Rhode Island Lobby Reform Act was celebrated at a ceremonial signing during a State House Library ceremony.
“This legislation provides the public with the means to easily discern who is lobbying for what, as well as, giving the Secretary of the State the means to root out those who are undermining the democratic process through unethical lobbying behavior,” said Sen. Lynch Prata, one of the bill’s sponsors, according to a State House press release.
Senate Bill 2361 and House Bill 7388, both officially signed into law on June 13, repeal the current lobbying laws in Title 22 and Title 42 in the state’s statutes and enact the Rhode Island Lobbying Reform Act. Among the changes in the bills are the simplification of lobbyists’ reporting requirements, an increase in penalties for failing to comply with lobbying requirements, and the allowance for more investigative and administrative authority for enforcing the lobbying laws, including administrative subpoena power.
The effective date for the two bills is January 1, 2017.
July 6, 2016 •
Wednesday Government Relations News
Lobbying “The Lobbying Reform That Enriched Congress” by Isaac Arnsdorf for Politico “Lockheed’s Top Government Affairs Official Not Registered as Lobbyist” by Austin Wright and Jeremy Herb for Politico Minnesota: “Lobbying in Minnesota: Spending has nearly doubled since 2002” by […]
Lobbying
“The Lobbying Reform That Enriched Congress” by Isaac Arnsdorf for Politico
“Lockheed’s Top Government Affairs Official Not Registered as Lobbyist” by Austin Wright and Jeremy Herb for Politico
Minnesota: “Lobbying in Minnesota: Spending has nearly doubled since 2002” by Rachel Stassen-Berger for St. Paul Pioneer Press
New York: “JCOPE Shut Down in Lobbying Reform” by Michelle Kraidman for Queens Chronicle
Oregon: “Ethics Watchdog Wants Tighter Lobbyist Registration Rules – Will Kate Brown Say Yes?” by Hillary Borrud for Portland Oregonian
Campaign Finance
Michigan: “Unions Win Injunction Blocking Michigan Fundraising Law” by Jonathan Oosting for Detroit News
Montana: “Call for Special Legislative Session Fails” by Troy Carter for Bozeman Daily Chronicle
Ethics
“F.B.I. Director James Comey Recommends No Charges for Hillary Clinton on Email” by Mark Lander for New York Times
Colorado: “Independent Ethics Commission Shuts Down Public Livestream of Meeting” by Marianne Goodland for Colorado Independent
Connecticut: “Anthem-Cigna Controversy Exposes Gaps in Ethics Rules” by Mark Pazniokas for Connecticut Mirror
Hawaii: “ACLU Lawyer to Be State Ethics Chief” by Rui Kaneya for Honolulu Civil Beat
Idaho: “Major Campaign Finance Reform Initiative Falls Short, Won’t Be on Ballot” by Betsy Russell for Spokane Spokesman-Review
July 5, 2016 •
Oregon Ethics Commission Seeks Tighter Lobbyist Registration Rules
The Oregon Government Ethics Commission has asked Gov. Kate Brown to introduce legislation in 2017 to strengthen lobbying registration requirements. The commission wants to crack down on the registration exception that allows persons spending less than 24 hours or $100 […]
The Oregon Government Ethics Commission has asked Gov. Kate Brown to introduce legislation in 2017 to strengthen lobbying registration requirements. The commission wants to crack down on the registration exception that allows persons spending less than 24 hours or $100 on lobbying per quarter to avoid registering as lobbyists.
Brown has until December 9, 2016 to review proposals from state agencies and file bills for the 2017 session.
July 5, 2016 •
Tuesday Lobbying and Campaign Finance News Update
Lobbying “The Lobbying Reform That Enriched Congress” by Isaac Arnsdorf for Politico Arizona: “Arizona Governor Fires State’s Contract Lobbyists” by Yvonne Wingett Sanchez for Arizona Republic Missouri: “Aldermen Vote Down Measure Banning Lobbyists on the Floor” by Rachel Lippmann for […]
Lobbying
“The Lobbying Reform That Enriched Congress” by Isaac Arnsdorf for Politico
Arizona: “Arizona Governor Fires State’s Contract Lobbyists” by Yvonne Wingett Sanchez for Arizona Republic
Missouri: “Aldermen Vote Down Measure Banning Lobbyists on the Floor” by Rachel Lippmann for St. Louis Public Radio
Campaign Finance
“‘Feel Bern’ PAC Comes Under Scrutiny” by Megan Wilson for The Hill
Arizona: “Drive to Expand Public Campaign Financing Fizzles” by Mary Jo Pitzl for Arizona Republic
Georgia: “Atlanta City Councilman Faces Hundreds of Campaign Finance Allegations” by Maggie Lee for Creative Loafing
Ethics
Hawaii: “ACLU Lawyer to Be State Ethics Chief” by Rui Kaneya for Honolulu Civil Beat
New York: “Operative Tied to Cuomo Is Accused of Bribing Judge to Get Favorable Rulings” by Vivian Yee for New York Times
July 1, 2016 •
News You Can Use Digest – July 1, 2016
National: Report: It’s harder to know who’s paying for political ads Star Tribune – Geoff Mulvilhill (Associated Press) | Published: 6/27/2016 A report by New York University’s Brennan Center finds the use of so-called dark money in several states has increased […]
National:
Report: It’s harder to know who’s paying for political ads
Star Tribune – Geoff Mulvilhill (Associated Press) | Published: 6/27/2016
A report by New York University’s Brennan Center finds the use of so-called dark money in several states has increased faster than in national elections. Across six states – Alaska, Arizona, California, Colorado, Maine, and Massachusetts – dark money expenditures rose by 38 percent between 2006 and 2014, outstripping the 34 percent rate of increase found in federal elections. And that does not include other categories of nontransparent outside money. The report defines “gray money” as expenditures by entities that do disclose their contributors, but who also list dark money organizations as donors, making it difficult or impossible to locate the original source of the money.
Two Transgender Candidates – Both Named Misty – Just Made History by Winning Primaries
Washington Post – Amber Phillips | Published: 6/29/2016
Primary voters in Utah and Colorado selected transgender women to run for spots in Congress next fall, a first in major-party American political history. Misty Snow will run against U.S. Sen. Mike Lee in Utah this November, while Misty Plowright will challenge U.S. Rep. Doug Lamborn in Colorado. Neither Snow nor Plowright sought to make their gender identities a campaign issue, instead focusing on progressive issues like getting money out of politics. Their wins come as transgender rights have been thrust into the national spotlight after contentious debates in states like North Carolina. “This is even more breathtaking considering the political climate today, the uphill curve to educate people about who transgender people are,” said Bob Witeck, a Washington, D.C.-based LGBT advocate.
Federal:
Bernie Sanders Campaign Showed How to Turn Viral Moments into Money
New York Times – Nick Corasaniti | Published: 6/24/2016
Like most modern campaigns, U.S. Sen. Bernie Sanders and his team relied on widely used digital fundraising tactics, like sending email solicitations and advertising online. They raised more than $61 million and acquired more than three million email addresses directly from digital ads. But the campaign was also able to harness social media networks – which, until recently, most candidates had used primarily for messaging purposes – and turn them into fundraising engines, allowing Sanders’ team to raise money almost exclusively online. The campaign raised roughly $216 million of its nearly $230 million total online.
Donald Trump and R.N.C. Crack Down on Rebelling Delegates
New York Times – Jeremy Peters | Published: 6/26/2016
Donald Trump’s campaign and the Republican National Committee (RNC) are moving quickly and aggressively to head off the fledgling effort to stage a revolt at their July convention in Cleveland, hoping to spare the party an embarrassing spectacle that could deeply wound the presumptive nominee. They are employing hard-nosed tactics, warning delegates that attempting to undermine Trump’s claim to the nomination violates party rules, and threatening to deny speaking slots to Republicans they deem disloyal for not backing him. The RNC and the campaign are also installing loyal party stalwarts in key party positions to help ensure they maintain control of the convention if rogue delegates attempt a disruption. And they are trying to discredit Republicans who are advocating an interpretation of party rules that would allow delegates to vote for anyone they want on the first ballot.
Trump Fundraising Emails Overseas Prompt Complaints Here and Abroad
Washington Post – Sean Sullivan and Max Bearak | Published: 6/29/2016
Donald Trump’s campaign sent a wave of fundraising emails in recent days to lawmakers in the United Kingdom, Iceland, Australia, and elsewhere. The solicitations prompted watchdog groups to file two separate complaints with the FEC alleging the campaign was violating federal law by soliciting funds from foreign nationals. The episode is only the latest fundraising stumble by Trump’s presidential campaign, which has been scrambling to put together a financial operation to take on the well-funded campaign of likely Democratic nominee Hillary Clinton. Whether the snags prove to be growing pains for a campaign that until recently eschewed traditional fundraising or a sign of more serious stumbles to come is a key question facing Trump and the Republican Party as the general election comes into focus.
From the States and Municipalities:
California – At the Corner of Power and Poverty
CALmatters – Laurel Rosenhall | Published: 6/28/2016
The Capitol in Sacramento serves as a magnet for money and power. Nearby shops sell fine cigars and custom suits. A bar serves $16 martinis. But the streets that surround the building also are home to some of the city’s most destitute residents, many suffering from mental illness or drug addiction in addition to extreme poverty. It is not uncommon to see them rifling through trash cans, shouting incoherently, or sleeping barefoot in the shade on the Capitol’s manicured grounds. Bridging these two worlds is Debbie Bartley, who stands across the street selling Homeward, a newspaper produced by homeless people. She chats with the political staffers and lobbyists who give her a few dollars as they pass by. Then she buys food for people who sleep on these streets.
California – Sweeping Public Utilities Commission Changes Announced
Sacramento Bee – Jeremy White | Published: 6/27/2016
A deal between Gov. Jerry Brown and state lawmakers will bring major changes to the California Public Utilities Commission. When commissioners engage in ex-parte conversations around rate-setting rules, they would need to disclose them online under the agreement. The state attorney general could bring enforcement actions against people who violate the rules. The deal also clarifies that people who lobby the PUC would need to register as lobbyists. Through March of this year, more than 50 utilities and other lobbyist employers reported more than $6.3 million in PUC-connected lobbying activities.
Connecticut – Cigna-Anthem Merger: Gov. Malloy’s Insurance Regulator Told Ethics Officials She Was Not Involved in Cigna Issues, even as Her Agency Was
International Business Times – David Sirota | Published: 6/27/2016
Connecticut ethics officials are now investigating whether it is legally permissible for the state’s insurance commissioner to oversee the government’s review of her former company’s proposed merger. In regulators’ probe of conflict-of-interest issues in the Cigna-Anthem transaction, one question they may ask is whether the commissioner in question, former Cigna lobbyist Katharine Wade, deliberately misled them. Emails show that in February, Wade told ethics officials she had no Cigna business before her, even though her agency was then leading the national multistate review of the company’s merger plan, and even though Wade had repeatedly met with the company’s representatives. Wade’s letter to ethics officials did tell them that her staff was reviewing the merger, but did not disclose any information about her own contacts with the companies and their lobbyists.
Delaware – Supreme Court Rejects Challenge to Delaware Election Law
Wilmington News Journal – Jessica Masulli Reyes | Published: 6/28/2016
The U.S. Supreme Court rejected a conservative group’s challenge to Delaware’s campaign finance law. The justices left in place a lower court ruling allowing the 2012 law to be enforced. It requires third-party groups and individuals to disclose their donors to the state elections commissioner if they publish advertisements or other communications, including Internet postings, that refer to a candidate in the 60 days before an election. Previously, only groups that directly advocated for or against a candidate were required to disclose their donors.
Kentucky – Bevin Asserts Control of All Ethics Board Appointments
Lexington Herald-Leader – Jack Brammer | Published: 6/28/2016
Kentucky’s attorney general and state auditor will no longer be able to nominate members of the Executive Branch Ethics Commission under a new executive order from Gov. Matt Bevin. The governor appoints the members of the commission, which investigates allegations of state ethics code violations in the state’s executive branch. But in 2008, then-Gov. Steve Beshear issued an executive order requiring the governor to appoint two members of the commission that had been recommended by the attorney general and the state auditor. Bevin repealed that order, effectively allowing him to control all of the appointments to the board assigned to hold his administration accountable. Bevin spokesperson Jessica Ditto said the order simply returns the appointment process to the system state lawmakers intended.
New York – Bill Would Expand Disclosure for Donors to Lobbying Groups
Albany Times Union – Chris Bragg | Published: 6/29/2016
Under a 2011 law, charitable tax-exempt nonprofits in New York are not required to report their donors, even if the organizations have financially supported lobbying efforts meant to influence state government. Based on comments from state lobbying officials, a bill that Gov. Andrew Cuomo is expected to sign appears to require any charitable organization making a contribution over $2,500 to a substantial New York lobbying campaign to publicly disclose every one of its donors, even those unrelated to the lobbying effort. That would include both donations of staff and other resources for a charity to a lobbying nonprofit, or a monetary contribution.
Ohio – As Activists Prepare to Protest the RNC, the FBI Comes Knocking
Los Angeles Times – Matt Pearce | Published: 6/27/2016
In July, Donald Trump will come to Cleveland to claim the Republican presidential nomination. Given how turbulent some protests outside Trump rallies have been, and that the convention comes just weeks after the worst mass shooting in recent U.S. history, finding the right balance between security and First Amendment rights will be a challenge. Shivers have gone through the Cleveland activist community since law enforcement officials began knocking on their doors as tens of thousands of visitors prepare to come to town. The FBI office in Cleveland said the visits were part of their plans with state and local law enforcement to prepare for the convention by “working collaboratively with members of the community.”
Virginia – Supreme Court Vacates Ex-Virginia Governor’s Graft Conviction
New York Times – Adam Liptak | Published: 6/27/2016
The U.S. Supreme Court unanimously vacated the conviction of former Virginia Gov. Robert McDonnell. He was charged with using his office to help Jonnie Williams Sr., who had provided McDonnell and his wife with gifts worth more than $175,000 when McDonnell was governor. The gifts themselves were legal; the question was whether they were part of a corrupt bargain in which McDonnell reciprocated by using the power of his office to help Williams. The Supreme Court ruled prosecutors defined too broadly the kind of conduct that qualifies as an “official act.” Chief Justice John Roberts said the law cannot punish politicians for giving their constituents access to public officials who are willing to listen, but do not actually exercise government power.
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.
June 30, 2016 •
Florida’s Broward Health System Implementing Lobbyist Registration Policy
Broward Health, the county’s hospital system, is currently creating an online lobbyist registration system to coincide with its recently discovered registration policy. The policy, created 12 years ago, was never implemented and came to light only after months of discussions […]
Broward Health, the county’s hospital system, is currently creating an online lobbyist registration system to coincide with its recently discovered registration policy.
The policy, created 12 years ago, was never implemented and came to light only after months of discussions by the board of commissioners on how to create such a policy.
The policy requires lobbyists to identify their clients, disclose the nature of their business activities, and report any business or financial relationships with Broward Health board members. The online system will be modeled after those of Broward County and Broward Public Schools.
June 30, 2016 •
Thursday News Roundup
Lobbying Massachusetts: “Uber Proves Profitable for at Least One Group – Lobbyists” by Jim O’Sullivan for Boston Globe Campaign Finance “Pro-Hillary Group Takes $200K in Banned Donations” by Harper Neidig and Jonathan Swan for The Hill Maine: “Maine Ethics Panel Aims […]
Lobbying
Massachusetts: “Uber Proves Profitable for at Least One Group – Lobbyists” by Jim O’Sullivan for Boston Globe
Campaign Finance
“Pro-Hillary Group Takes $200K in Banned Donations” by Harper Neidig and Jonathan Swan for The Hill
Maine: “Maine Ethics Panel Aims to Close Loophole ‘You Could Drive a Truck Through’” by Darren Fishell for Bangor Daily News
New Jersey: “Proposed Pay-to-Play Reforms Pit Fulop Against Longtime Foes” by Terrence McDonald (Jersey Journal) for Newark Star-Ledger
Ethics
California: “Supervisors Approve Budget and Staffing Plan for Ethics Commission” by Nick Gerda for Voice of OC
California: “At the Corner of Power and Poverty” by Laurel Rosenhall for CALmatters
Massachusetts: “Grand Jury Indicts Second Official in Boston Mayor Marty Walsh’s Administration” by Gintautas Dumcius for MassLive.com
New York: “Ethics Reform Brings Less Information About JCOPE Probes” by Chris Bragg for Albany Times Union
Oregon: “Lawmaker’s Actions Questioned by Portland Police Officer” by Gordon Friedman for Salem Statesman-Journal
Elections
Utah: “Two Transgender Candidates – Both Named Misty – Just Made History by Winning Primaries” by Amber Phillips for Washington Post
June 28, 2016 •
CA Governor to Support PUC Ethics Reforms
Gov. Jerry Brown has announced his support of sweeping reforms to the California Public Utilities Commission (PUC). The overhaul comes as the PUC faces accusations of back-channel dealings and calls for change to create more transparency and independence from utility […]
Gov. Jerry Brown has announced his support of sweeping reforms to the California Public Utilities Commission (PUC). The overhaul comes as the PUC faces accusations of back-channel dealings and calls for change to create more transparency and independence from utility companies. The reform package will require people lobbying the PUC to register as lobbyists and ban former utility executives from serving on the PUC for two years post-employment.
Photo of the Edmund G. Brown State Office Building by Coolcaesar on Wikimedia Commons.
June 28, 2016 •
Tuesday Lobbying and Campaign Finance News Update
Lobbying California: “Sweeping Public Utilities Commission Changes Announced” by Jeremy White for Sacramento Bee Campaign Finance “Report: It’s harder to know who’s paying for political ads” by Geoff Mulvihill (Associated Press) for Las Vegas Sun Kentucky: “Ethics Commission OKs Crowdfunding […]
Lobbying
California: “Sweeping Public Utilities Commission Changes Announced” by Jeremy White for Sacramento Bee
Campaign Finance
“Report: It’s harder to know who’s paying for political ads” by Geoff Mulvihill (Associated Press) for Las Vegas Sun
Kentucky: “Ethics Commission OKs Crowdfunding for Legislative Campaigns” by Ryland Barton for WFPL
Massachusetts: “State’s Chief Campaign Official Seeks Heftier Fines for PACs” by Matt Stout for Boston Herald
Ethics
Connecticut: “Cigna-Anthem Merger: Gov. Malloy’s Insurance Regulator Told Ethics Officials She Was Not Involved in Cigna Issues, even as Her Agency Was” by David Sirota for International Business Times
Florida: “Opa-locka’s Ethics Switcheroo Draws Laughs amid FBI Corruption Probe” by Jay Weaver for Miami Herald
South Carolina: “Gov. Nikki Haley Signs Ethics Reform into Law, Endorses Sen. Larry Martin” by Maya Prabhu for Charleston Post & Courier
Virginia: “Supreme Court Vacates Ex-Virginia Governor’s Graft Conviction” by Adam Liptak for New York Times
Elections
“Donald Trump and R.N.C. Crack Down on Rebelling Delegates” by Jeremy Peters for New York Times
Redistricting
North Carolina: “Supreme Court to Review NC’s Use of Race in Redistricting” by Jonathan Drew (Associated Press) for ABC News
June 27, 2016 •
Monday News Roundup
Lobbying Rhode Island: “Raimondo Signs Bills on Lobbying, Insurance for Off-Label Drug Use, Teaching of Holocaust” by Jennifer Bogdan for Providence Journal Campaign Finance “RNC Fundraisers Hedge on Trump” by Kenneth Vogel and Alex Isenstadt for Politico Massachusetts: “House Passes Campaign […]
Lobbying
Rhode Island: “Raimondo Signs Bills on Lobbying, Insurance for Off-Label Drug Use, Teaching of Holocaust” by Jennifer Bogdan for Providence Journal
Campaign Finance
“RNC Fundraisers Hedge on Trump” by Kenneth Vogel and Alex Isenstadt for Politico
Massachusetts: “House Passes Campaign Finance Changes Aimed at Transparency, Special Elections” by Shira Schoenberg for MassLive.com
Ethics
“Justices Disclose Privately Paid Trips and Gifts” by Adam Liptak for New York Times
Arizona: “How Nearly $1 Million Disappeared from Surprise Coffers” by Jessica Boehm for Arizona Republic
California: “Orange County Finally Has an Ethics Commission – Now What?” by Jordan Graham for Orange County Register
Florida: “Audit Finds City Improperly Paid Lobbying Firm More Than $317,000” by Christopher Hong for Florida Times Union
Elections
“Who Does Donald Trump Listen to? Other Trumps.” by Mary Jordan and Jose DelReal for Washington Post
“Will Trump Swallow the GOP Whole?” by Mark Leibovich for New York Times
June 24, 2016 •
News You Can Use Digest – June 24, 2016
National: Courts, Judges Become Top Political Targets in 2016 Elections Kansas City Star – Dave Helling | Published: 6/17/2016 Experts say that while complaints about legal rulings are as old as the republic, politicians have started turning virtually every race into […]
National:
Courts, Judges Become Top Political Targets in 2016 Elections
Kansas City Star – Dave Helling | Published: 6/17/2016
Experts say that while complaints about legal rulings are as old as the republic, politicians have started turning virtually every race into a referendum on the courts, threatening public confidence in an independent, apolitical judiciary. Not everyone is equally concerned. In a polarized, dysfunctional political climate, some say, making judges more accountable to voters and taxpayers is healthy and inevitable.
The Kochs’ Powerful Operation Isn’t Aimed at Helping Trump – But It Might Anyway
Washington Post – Matea Gold | Published: 6/20/2016
Americans for Prosperity (AFP) launched ground operations on behalf of Republican incumbents in Pennsylvania, Ohio and Wisconsin, the earliest the Koch brothers-affiliated group has ever begun making explicit political appeals in the field. But AFP and other groups in the brothers’ political network are mute when it comes to Donald Trump. It is an odd situation for the powerful conservative operation, which was expected to harness its sprawling machinery on behalf of this year’s Republican nominee. But Trump’s incendiary rhetoric and inconsistent policy stances have dismayed Charles Koch, the billionaire industrialist who leads the network. Koch-backed groups are now training their resources on boosting vulnerable GOP Senate candidates.
Federal:
Democrats End Sit-In on House Floor While Promising to Continue to Press for Gun Votes
Washington Post – Karoun Demirjian, Kelsey Snell, and Ed O’Keefe | Published: 6/23/2016
U.S. House Democrats ended their sit-in protest after occupying the chamber’s floor for more than 25 hours, vowing to take the push for new gun curbs to their congressional districts. Even after Republicans had departed for a week-long recess, roughly a dozen Democrats held the floor, with more trickling in, after a night of loud confrontations with the chamber’s GOP leaders. The Democrats had demanded votes on legislation to expand background checks to all commercial sales and to prevent suspected terrorists from being able to buy guns. Republicans dismissed Democrats’ demands, saying they would not reward the minority party for trampling over the chamber’s rules.
Donald Trump Starts Summer Push with Crippling Money Deficit
New York Times – Nicholas Confesore and Rachel Storey | Published: 6/20/2016
Donald Trump enters the general election campaign laboring under the worst financial and organizational disadvantage of any major party nominee in recent history, placing both his candidacy and his party in political peril. Trump loaned his campaign $2.2 million in May and collected $3.1 million in donations, ending the month with less than $1.3 million in bank, a figure more typical for a campaign for the U.S. House than the White House. Hillary Clinton raised more than $28 million in May and started June with $42 million in cash. Trump has a staff of around 70 people, compared with nearly 700 for Clinton, suggesting only the barest effort toward preparing to contest swing states this fall. And he fired his campaign manager after concerns among allies and donors about his ability to run a competitive race.
Fattah Convicted of Federal Corruption Charges
Philadelphia Inquirer – Jeremy Roebuck | Published: 6/21/2016
U.S. Rep. Chaka Fattah was found guilty of all charges in a federal corruption trial. He and several associates had been charged with 29 counts related to bribery, money laundering, fraud, and racketeering. Fattah borrowed $1 million from a donor during his unsuccessful campaign for Philadelphia mayor and later repaid part of the loan by using funds from charitable and federal grants received by his nonprofit. Prosecutors said he also used funds from his mayoral and congressional campaigns to help pay off his son’s student loan debt. In addition, the indictment said Fattah accepted bribes while trying to secure an ambassadorship or appointment to the U.S. Trade Commission for former Philadelphia Deputy Mayor Herbert Vederman.
The Next ‘Citizens United’ Is Coming
Center for Public Integrity – Carrie Levine | Published: 6/22/2016
James Bopp, who successfully argued the Citizens United case before the U.S. Supreme Court, is now the lead lawyer in the most prominent of a series of lawsuits attempting to further rescind campaign contribution limits. The case brought by the Louisiana Republican Party addresses restrictions on how state and local political parties use soft money to influence federal elections. Bopp’s clients argue if independent outside groups such as super PACs are permitted to raise and spend unlimited amounts of such money, there is no reason why state political parties, acting independently of federal candidates, should be treated differently. Bopp says he will not rest until there are as few election rules as possible since he believes too many rules lead to more opportunities to game the system.
From the States and Municipalities:
California – California Political Watchdog Targets ‘Shadow Lobbyists’
Sacramento Bee – Taryn Luna | Published: 6/21/2016
The California Fair Political Practices Commission (FPPC) is considering a regulatory change to draw “shadow lobbyists,” consultants paid to influence legislation, into the public eye. Loopholes in the law can allow consultants to act as lobbyists without officially registering with the secretary of state’s office, disclosing their clients, or their attempts to sway lawmakers. The FPPC hopes the change increases the incentive for consultants and others working in and around the state’s lobbying industry to keep better records of their activities, while giving the agency more freedom to press cases against shadow lobbyists. The commission is expected to vote on the change at its regularly scheduled hearing on July 21.
Colorado – Colorado Supreme Court to Hear Case Challenging State Ethics Commission’s Role
Denver Post – Joey Bunch | Published: 6/21/2016
The Colorado Supreme Court agreed to hear issues in a case involving then-Secretary of State Scott Gessler, marking the first time the justices have looked at how the Independent Ethics Commission operates since it was created in 2006. The ethics panel found Gessler violated the public trust when he used money from his office discretionary fund to attend a GOP lawyer’s event in Florida. He extended the trip to attend the Republican National Convention (RNC). Gessler paid for his lodging and meals at the RNC with campaign funds. The Supreme Court will look at whether the commission exceeded its jurisdiction to ban gifts of more than $53 a year to public officials and bar them from becoming lobbyists for two years after leaving office.
District of Columbia – Close Council Vote Rejects Campaign Contribution Reform
DCist.com – Rachel Kurzius | Published: 6/21/2016
The District of Columbia Council struck down a proposal to ban campaign contributions from city contractors. Council Chairperson Phil Mendelson had included a provision in a bill to reform the city’s procurement process that would have banned donations from people or businesses that have or are seeking city contracts. He argued that doing so would improve the public perception of the city’s elected officials. But Councilperson Vincent Orange introduced an amendment to strike that language, saying it would lead to “dark money” flooding into city campaigns.
Florida – Florida Lawmaker Wants to Give Away an AR-15
New York Times – Mike McPhate | Published: 6/21/2016
Florida Sen. Greg Evers, a Republican who is running for Congress, said he would hold a drawing whose prize would be an AR-15, a gun similar to the one used by Omar Mateen to kill 49 people at a gay nightclub in Orlando on June 12. Evers said he was considering the giveaway since before the mass shooting, intending to burnish his pro-gun credentials in Florida’s conservative western Panhandle, where he is running to fill the seat being vacated by U.S. Rep. Jeff Miller. But the timing of the announcement, even as funerals for the shooting victims continued, led many commenters on Evers’s campaign site and his Twitter account to express disgust.
Maryland – Here Are the Top Lobbyists in Maryland for the 2016 Legislative Session
Washington Post – Ovetta Wiggins | Published: 6/22/2016
The return of divided government to Maryland has brought about much change in Annapolis. But one thing that has remained the same since the election of Republican Gov. Larry Hogan is Gerard Evans’ upper hand in state lobbying. Evans, a longtime fixture in Annapolis, was the top earner among Maryland lobbyists during the recent legislative session. He reported billing his clients nearly $2 million between November and April, which is about $168,000 more than last year, when he was also the top earner. Bruce Bereano came in second both last year and this year, with reported billings of $1.4 million.
New York – 3 New York Police Commanders Are Arrested on Corruption Charges
New York Times – William Rashbaum and Joseph Goldstein | Published: 6/20/2016
Three New York City police commanders and a business consultant were arrested as part of a wide-ranging federal corruption probe that has also been examining Mayor Bill de Blasio’s campaign fundraising. The latest arrests mark an escalation of an investigation that has led to discipline for nearly a dozen police officers and forced de Blasio to answer questions about whether he engaged in inappropriate fundraising. A criminal complaint accused businessperson Jeremy Reichberg of plying Deputy Chief Michael Harrington, Deputy Inspector James Grant, and others with gifts including prostitutes, sports tickets and expensive trips. As a result, Reichberg was able to secure official favors. De Blasio has said he and his administration have acted legally in all respects. He has not been accused of wrongdoing, and the charges thus far are unrelated to his fundraising efforts.
New York – New York Lawmakers Leave Albany Without Big Ethics Reforms
Albany Times Union – David Klepper (Associated Press) | Published: 6/18/2016
New York Gov. Andrew Cuomo and legislative leaders agreed to an ethics package that aims to strip pensions from public officers convicted of a felony and add disclosure requirements for political consultants who advise elected officials. The session started in January with some bold proposals to fix the state’s porous campaign finance laws, beef up ethics enforcement, and put limits on the pay lawmakers can make from side jobs. But none passed during the six-month session. For good-government groups and officials long bewildered by Albany’s inaction, the resolution was as disappointing as it was unsurprising.
Oregon – Portland Auditor Says Revolving-Door Lobbying Rules ‘All but Unenforceable’
Portland Oregonian – Brad Schmidt | Published: 6/22/2016
A proposed ordinance in Portland would ban elected officials from lobbying the city and bureau directors from lobbying their agencies for two years after they leave office. It would impose a one-year lobbying ban on other city employees. The ordinance is a compromise. City commissioners expressed reservations about a more restrictive version of the bill that was introduced in April. City Auditor Mary Hull Caballero also wants to raise the fine for violating the city’s lobbying rules to $3,000. The new rules would require any group that spends more than $1,000 lobbying in a quarter to disclose a detailed list of each contact with city officials. Right now, that level of transparency is required only for groups that spend at least eight hours lobbying in a quarter, a provision that would continue.
Wisconsin – As the Government Accountability Board Ends, What’s the Future for Wisconsin Campaign Finance Regulation?
Capital Times – Katelyn Ferral | Published: 6/19/2016
Wisconsin’s Government Accountability Board, born in bipartisanship from a legislative scandal in 2001, was the only nonpartisan model of its kind in the country with six former judges appointed by the governor and confirmed by the Senate. It was armed with a budget unfettered by Legislative oversight to investigate campaign finance, ethics, and lobbying complaints. Its dissolution, which came with a rewrite of the state’s campaign finance rules, is a necessary reform to some but step backwards for others who question whether violations of campaign finance law will be aggressively policed.
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.
June 23, 2016 •
Thursday News Roundup
Lobbying California: “California Political Watchdog Targets ‘Shadow Lobbyists’” by Taryn Luna for Sacramento Bee Maryland: “Here Are the Top Lobbyists in Maryland for the 2016 Legislative Session” by Ovetta Wiggins for Washington Post Oregon: “Post Uber, Portland Leaders Look to […]
Lobbying
California: “California Political Watchdog Targets ‘Shadow Lobbyists’” by Taryn Luna for Sacramento Bee
Maryland: “Here Are the Top Lobbyists in Maryland for the 2016 Legislative Session” by Ovetta Wiggins for Washington Post
Oregon: “Post Uber, Portland Leaders Look to Strengthen Lobbying Rules” by Amelia Templeton for Oregon Public Radio
Campaign Finance
“The Next ‘Citizens United’ Is Coming” by Carrie Levine for Center for Public Integrity
District of Columbia: “Close Council Vote Rejects Campaign Contribution Reform” by Rachel Kurzius for DCist.com
Ethics
Colorado: “Colorado Supreme Court to Hear Case Challenging State Ethics Commission’s Role” by Joey Bunch for Denver Post
Elections
“Will Dominant Images of Conventions Be of Unity or Protest?” by Trip Gabriel for New York Times
Florida: “Marco Rubio Will Seek Senate Reelection, Reversing Pledge Not to Run” by Mike DeBonis, Ed O’Keefe, and Sean Sullivan for Washington Post
Florida: “Florida Lawmaker Wants to Give Away an AR-15” by Mike McPhate for New York Times
Legislative Issues
“House Democrats’ Gun-Control Sit-In Turns into Chaotic Showdown with Republicans” by David Herszenhorn and Emmarie Huetteman for New York Times
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