After state lawmakers voiced concerns about problems with the state’s lobbyist reporting system, Secretary of State Mary Quintana intends to clarify campaign finance and lobbying rules.

Members of the Legislature became concerned after reports exposed confusion about what is required under the reporting system.

Quintana admitted to shortcomings in the law, and vowed to work with lawmakers and others to create new, less ambiguous rules.

The Joint Commission on Public Ethics is seeking public comment on a proposed advisory opinion. The advisory opinion is in regards to the applicability of New York’s Lobbying Act to the activities of consultants when they are taking part in direct and grassroots lobbying, and whether they are subject to registration and reporting requirements.

The advisory opinion seeks to articulate when the Lobbying Act covers the services of consultants, and to clarify the test used to determine when grassroots advocacy constitutes reportable activity.

Comments will be taken by the Committee until December 4, 2015.

Lobbying

“Refugee Groups Scramble to Defend Syrian Resettlement” by Simone Pathe for Roll Call

California: “California Ethics Panel Targets Vague Lobbying Payments” by Jeremy White for Sacramento Bee

New Mexico: “Acting SOS Plans to Clarify Lobbyist Contributions” by Sandra Fish for New Mexico in Depth

Campaign Finance

“New Tax Documents Show Crossroads GPS Poured Millions into 2014 Senate Race” by Carrie Levine for Center for Public Integrity

Montana: “Committee Fails to Block New Campaign Rules” by Matt Volz (Associated Press) for Flathead Beacon

New York: “Statewide Officials Seek to Narrow Draft Opinion Curbing Own Fundraising” by Chris Bragg for Albany Times Union

New York: “Schneiderman, Sugarman Charge Ex-Assembly Candidate for Not Filing Reports” by Chris Bragg for Albany Times Union

Elections

“The Koch Intelligence Agency” by Kenneth Vogel for Politico

“Bobby Jindal Quits Republican Presidential Race” by Jonathan Martin for New York Times

The Fair Political Practices Commission (FPPC) has proposed rules amending reporting requirements for “other payments to influence legislative or administrative action”, as provided in California Government Code section 86116. The proposed regulations require such payments to be itemized on periodic disclosure reports.

According to the FPPC, these payments encompass a range of expenditures and lump sum reporting does not provide the type of transparency imagined by the drafters of the statute. The amended regulations affect lobbyist employers and persons spending $5,000 or more to influence legislative or administrative action.

The FPPC will hold an interested persons meeting on December 3, 2015 at 10 a.m. to solicit public comment regarding the proposed rules. The rules will be considered for adoption at the FPPC’s January 21, 2016, meeting.

Lobbying

Texas: “Lobby Reform Rules Move Forward” by Jo Clifton for Austin Monitor

Campaign Finance

“What Are the Benefits of Campaign Finance Reform?” by Sam Power for Washington Post

California: “Vacations, Groceries, Hotels: Supervisor Todd Spitzer’s spending from obscure fund raises questions” by Meghann Cuniff for Orange County Register

Connecticut: “Dems Would Scrap Clean Election Program to Balance Budget” by Christine Stuart for CTNewsJunkie.com

Ethics

“Chris Christie, Taking Law-and-Order Stance, Sidesteps Bridge Scandal in ’16 Race” by Alexander Burns for New York Times

North Carolina: “NC Rep. Lewis Took Last-Minute Action to Protect Friend’s State Contract” by Patrick Gannon for Raleigh News & Observer

Wisconsin: “Assembly GOP Approves Rewritten Campaign Finance Laws, GAB Overhaul” by Patrick Marley for Milwaukee Journal Sentinel

Redistricting

“Supreme Court Takes Up Virginia Redistricting Case” by Jenna Portnoy for Washington Post

Lobbying

Arizona: “Lobbying Records Only Disclose Recipient for $1 Out of Every $8 Spent” by Justin Price for Arizona Center for Investigative Reporting

Texas: “Travis County Has No Rules for Registering Lobbyists” by Sean Collins Walsh for Austin American-Statesman

Campaign Finance

“Clinton, Bush Lawyers Square Off in FEC Proxy War” by Isaac Arnsdorf and Theodoric Meyer for Politico

Alaska: “Group Files Federal Lawsuit Challenging Alaska Campaign Contribution Limits” by Austin Baird for KTUU

Wisconsin: “Assembly GOP Approves Rewritten Campaign Finance Laws” by Patrick Marley for Milwaukee Journal Sentinel

Ethics

District of Columbia: “Metro Board Chairman Cleared of Alleged Ethics Violation” by Paul Duggan for Washington Post

Illinois: “Feds Seize Computers, Files on Chicago Officials from Outgoing Inspector General” by Natasha Korecki for Politico

New York: “At Trial, Prosecutors to Detail Dean Skelos’s Favors for His Son” by William Rashbaum for New York Times

Elections

“How the Kochs Launched Joni Ernst” by Kenneth Vogel for Politico

“In Presidential Campaign, It’s Now Terrorism, Not Taxes” by Jonathan Martin for New York Times

The Pennsylvania Ethics Commission is increasing its enforcement efforts against those who fail to report lobbying expenditures. This year, 31 groups were cited for failing to file expense reports with fines totaling $90,300. In comparison, last year, only 15 citations were issued with fines reaching $44,000.

At the same time, the General Assembly is working on legislation to increase the penalty for noncompliance. House Bill 1348’s proposed increase is from $50 per day to a tiered system where the fine increases the later the report becomes. The bill passed the House unanimously in October and is awaiting action in the Senate.

The Ethics Review Commission has given its support to Council Member Leslie Pool’s proposed lobbying law changes. These changes include broadening the definition of lobbyist, increasing disclosure requirements, and removing a loophole allowing part-time lobbyists to avoid registering.

Pool’s proposal has been met with opposition from those involved in the design and building industries. They claim the ordinance is too broad and would require architects, engineers, and others involved in the building industries to register as lobbyists. Also, many of these professionals currently serve on city boards and commissions. If they are required to register, they will have to resign from those seats because city law prohibits registered lobbyists from serving on city boards and commissions. The group representing the developers feels such a move would result in the city being robbed of valuable expertise.

This opposition has resulted in Pool making some changes to the ordinance, but the group representing developers is still not satisfied.

So far, registered lobbyists have not opposed the new changes even though the proposal would increase their reporting requirements. If passed, the ordinance would require lobbyists to provide greater detail about who they are representing, how much money is being spent on a lobbying efforts, and how much they receive in payments from clients.

The ordinance will now be presented to the Audit and Finance Committee. From there is will proceed through City Council, with a possible final vote coming early next year.

Photo of the Austin, Texas skyline by Erik A. Ellison on Wikimedia Commons.

Lobbying

“Ethics Commission Recommends Controversial Lobbying Ordinance” by Jack Craver for Austin Monitor

Campaign Finance

“FEC: Notable conservatives tied to nonprofit scofflaw” by Cady Zuvich for Center for Public Integrity

Alaska: “Campaign Finance Commission Says Group Tied to Gov. Walker Aide Broke Law” by Nathaniel Herz for Alaska Dispatch

District of Columbia: “D.C. Mayor’s Allies Reluctantly Shut down Controversial PAC” by Aaron Davis for Washington Post

Utah: “Pricey Mayoral Race Prompts Salt Lake City Council to Consider Campaign Finance Reform” by Katie McKellar for Deseret News

Ethics

Georgia: “Ethics Group Gives Georgia a D- for Ethics, Openness” by Walter Jones (Morris News Service) for Southern Political Report

Maryland: “Annapolis Commission Member Removed after Failure to Sign Ethics Compliance Form” by Chase Cook for Capital Gazette

North Carolina: “North Carolina Gets Mixed Marks on Integrity Report” by Mark Binker for WRAL

Elections

“Obama Legacy in State Offices: A shrinking Democratic share” by Sheryl Gay Stolberg, Michael Shear, and Alan Blinder for New York Times

“Time for GOP Panic? Establishment Worried Carson or Trump Might Win” by Philip Rucker and Robert Costa for Washington Post

Procurement

“D.C. Lawmakers Look at How to Fix the City’s Troubled Contracting Process” by Abigail Hauslohner for Washington Post

National:

Only Three States Score Higher Than D+ in State Integrity Investigation; 11 Flunk
Center for Public Integrity – Nicholas Kusnetz | Published: 11/9/2015

A new report found that in state after state, open records statutes are filled with exemptions, and part-time legislators and agency officials engage in conflicts-of-interest and close relationships with lobbyists while regulators struggle to enforce laws. The State Integrity Investigation measured hundreds of variables to compile transparency and accountability grades for all 50 states. The best grade in the nation, which went to Alaska, is just a “C.” Only two others earned better than a “D+”; 11 states received failing grades. Aside from a few exceptions, there has been little progress on these issues since the research was first carried out in 2012.

Federal:

Donald Trump Advertises Rising Value of Free Political Publicity
New York Times – Ashley Parker | Published: 11/9/2015

Thirty-second television commercials were once signs of a confident, well-financed candidacy for the White House. Now they are seen as a last resort of struggling campaigns that have not mastered the art of attracting the free media coverage that has lifted the political fortunes of insurgent campaigns. Donald Trump’s ability to command media attention and reach voters without depleting his campaign funds is just the latest example of the way his campaign has upended the conventional approach candidates have used to communicate with voters. In addition to having done countless interviews, Trump, who recently hosted “Saturday Night Live,” has been effective in using social media to attack his rivals, and many of his controversial quips on Twitter are rebroadcast by traditional news media outlets.

Even as House Speaker, Paul Ryan Sleeps in His Office
New York Times – Jennifer Steinhauer | Published: 11/10/2015

Like scores of other members of Congress, most of them Republican, Speaker Paul Ryan chooses to bed down in a cot in his office every night the House is in session. He chooses this over the speaker’s official palatial suite in the Capitol, which Ryan has pointed out stinks thanks to smoke from its prior inhabitant, John Boehner. For the lawmakers, the choice is fiscal, practical, and political. Many say they find Washington rental prices too high. Others say it allows them to work longer hours. Still others, like Ryan, say Washington is simply not their home. Some groups and other members have criticized the arrangement as essentially taxpayer-subsidized housing.

G.O.P. Fight Now a Battle over What Defines a Conservative
New York Times – Jonathan Martin | Published: 11/11/2015

For months, the Republican presidential race has been animated by the party’s anger about the state of the country and an equally undefined hope that a candidate would emerge who could usher in an era of renewal. But the most recent debate and its aftermath marked an abrupt transition from vague promises about making America “great again,” in Donald Trump’s phrase, to a new season of the campaign shaped more by the policy fissures that are dividing Republicans over what exactly to do about the nation’s problems. It exposed a contentious dispute over what it means to be a conservative and offered a preview of the contours of the battle for the Republican nomination.

From the States and Municipalities:

California – Conflict Concerns Won’t Keep Ethics Panel Out of Race
San Diego Union-Tribune – David Garrick | Published: 11/10/2015

The San Diego Ethics Commission will continue enforcing local campaign laws in the race to succeed City Attorney Jan Goldsmith, denying a candidate request that the commission recuse itself based on a potential conflict-of-interest. Rafael Castellanos asked for the recusal because one of his opponents in the race, Gil Cabrera, was a commission member from 2005 to 2010 and worked as special counsel for the commission in 2012 and 2013. The agency’s general counsel downplayed the potential conflict, noting only one of the commission’s seven members remains from when Cabrera served and only two members were there when he worked as a special counsel.

California – Follow the Money: Shining a light on political nonprofits
Capitol Weekly – John Howard | Published: 11/11/2015

California’s Political Reform Act has been largely untouchable for more than 40 years, but now it may get a rewrite. The catalyst for change comes from a tangled trail of some $15 million in so-called dark money that flowed via nonprofits into the state’s 2012 elections final stages. Ultimately, the spending resulted in a $1 million fine. The proposed changes would create, for the first time, a constitutional right to regulate political money and force disclosure. It would require the disclosure of the source of donations of $10,000 or more to nonprofits, when the money is used for political purposes, make explicit who is paying for political ads, and it double the “revolving door” waiting period to two years. The proposal outlaws lobbyists’ gifts to elected officials, and cuts the maximum value of a gift from a member of the public, now $460 annually, to $200 a year.

California – Lobbyist Meetings Missing from San Jose Council Calendars
San Jose Mercury News – Ramona Giwargis | Published: 11/8/2015

Elected officials in San Jose are falling short when it comes to disclosing meetings with lobbyists. A review found the mayor and every city council member had contacts with lobbyists this year that were not disclosed on the officials’ public calendar. Local law requires lobbyists to file quarterly reports on their contacts with elected officials. The San Jose Mercury News said lobbyists reported 105 more such contacts this year than city officials did. Council members defended themselves by saying the undisclosed contacts were human error, they did not realize they were chatting with a lobbyist, or the contacts were unexpected run-ins or email communications the policy does not require them to report. Watchdogs say the discrepancy undermines the goals of transparency and deceives the public.

Florida – Hialeah Mayor Tries to Pay County’s $4K Ethics Fine in Pennies
Miami Herald – Brenda Medina | Published: 11/6/2015

Hialeah Mayor Carlos Hernandez finally decided pay the $4,000 fine the Miami-Dade County ethics commission imposed earlier this year on his business dealings. Hernandez sent the commission a truck stacked with 28 buckets filled with pennies to cover the fine. But his payment was not accepted. Apparently, the commission accepts only checks. “I paid it with American money, of the United States, and I have the right to do that,” said Hernandez.

New Hampshire – G.O.P. Candidates, Lagging, Rely on New Hampshire to Get Close
New York Times – Jonathan Martin | Published: 11/8/2015

Some Republican candidates are staking their presidential bids on an idea that seems increasingly quaint: that campaigning one on one in this small state can set you on the path to becoming president. It is a notion that is facing a rigorous test this election cycle, as the large Republican field, social media, and televised debates that attract massive audiences have reshaped the race like never before. The outcome in New Hampshire will echo beyond this election and reveal much about how the country chooses presidents, and whether the tradition of direct voting in the first-in-the-nation primary matters anymore. Its possible diminishment is already unsettling residents, who view their role of scrutinizing and winnowing the field of candidates as a solemn duty.

New York – Legislation Introduced to Tighten New York City Campaign Finance Rules
New York Daily News – Erin Durkin | Published: 11/9/2015

A package of bills to tighten New York City’s campaign finance rules was introduced in the city council. One bill would ban candidates from getting matching funds for donations raised by fundraisers who do business with the city. The legislation would also ban all candidates, including those who are not taking matching funds, from accepting contribution from political committees that are not registered with the city. Another bill would restrict contributions from businesses with numerous limited liability companies.

Pennsylvania – Pennsylvania Ethics Officials Crack Down on Lobbyists
Pittsburgh Tribune-Review – Kari Andren | Published: 11/11/2015

The Pennsylvania Ethics Commission is ramping up enforcement against groups that fail to file mandated quarterly expense reports, and the state House has approved a bill to up the ante for non-compliance by lobbyists and the groups they represent by dramatically increasing penalties for not abiding by disclosure rules. Thirty-one groups were cited for failing to file expense reports this year; fines and penalties total about $90,300. In 2014, the commission issued just 15 citations. The House bill would hike the maximum penalty imposed from $50 per day to a tiered system of $50 for the first 10 days, $100 for each of the next 10 days, and $200 for each late day after 20 days.

Texas – Ethics Commission Recommends Controversial Lobbying Ordinance
Austin Monitor – Jack Craver | Published: 11/12/2015

The Ethics Review Commission recommend to the Austin City Council a resolution aimed at overhauling city lobbying rules.  A revised draft crafted by a commission working group incorporated some of the concerns expressed by developers. Stuart Sampley, president of the Austin chapter of the American Institute of Architects, said the ordinance unfairly targeted development, design, and architectural professionals and misrepresented their day-to-day interactions with city officials as lobbying. The recommendations from the working group urged city staff to explore a number of potential negative effects of stricter lobbying requirements. Backers of the reform hope the measure will be on the agenda for council at its last meeting of the year on December 17.

Washington – Seattle’s Experiment with Campaign Funding
The Atlantic – Russell Berman | Published: 11/9/2015

Starting in 2017, Seattle residents will be able to contribute to local candidates without spending a dime of their own money. Instead, the government will send each registered voter four $25 vouchers that they can give to candidates of their choice. Candidates can opt out, but those who participate will have to abide by strict limits on spending and on receiving private donations. “The promise of vouchers is turning every single voter in the city into a donor,” said Alan Durning, the executive director of the Sightline Institute, a think tank and advocacy group that pushed for the new program. Critics have said the measure’s design will benefit incumbents and entrenched political organizations who do not need any extra boost.

Wisconsin – Senate GOP Votes to Overhaul Campaign Finance, Revamp Board
Albany Times Union – Todd Richmond (Associated Press) | Published: 11/7/2015

The Wisconsin Senate approved, with changes, a pair of bills altering the state’s campaign finance and election oversight rules. They will now return to the Assembly, which must approve the changes before sending the bills to Gov. Scott Walker. Republicans backing the proposals say they are necessary to bring the state’s statutes in line with court rulings and to protect First Amendment rights to free speech. Democrats argue the bills, along with one limiting the scope of crimes that can be investigated in so-called John Doe probes, would open the door for corruption and expand the influence of money in politics.

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.

Lobbying

California: “Lobbyist Meetings Missing from San Jose Council Calendars” by Ramona Giwargis for San Jose Mercury News

Campaign Finance

Indiana: “Legislative War Chests: Purse or puppet strings?” by Marc Chase for Northwest Indiana Times

New York: “Backed by Nail Salon Owners, a New York Legislator Now Fights Reforms” by Sarah Maslin Nir for New York Times

Ethics

“Only Three States Score Higher Than D+ in State Integrity Investigation; 11 Flunk” by Nicholas Kusnetz for Center for Public Integrity

Arizona: “Survey: Arizona gets a ‘D’ for public access” by Joe Ferguson for Arizona Daily Star

New Jersey: “Advocacy Group’s Ranking of N.J. on Access, Integrity Falls Sharply” by Dustin Racioppi for Bergen Record

Ohio: “Ohio Graded D+ in Report on Integrity” by Jim Siegel for Columbus Dispatch

Wisconsin: “Senate GOP Votes to Overhaul Campaign Finance, Revamp Board” by Todd Richmond (Associated Press) for Albany Times Union

Wyoming: “Wyoming Second to Last in Transparency” by Laura Hancock for Billings Gazette

Elections

“Donald Trump Advertises Rising Value of Free Political Publicity” by Ashley Parker for New York Times

Lobbying

Texas: “Appeals Court Backs Ethics Commission over Activist” by Aman Batheja for Texas Tribune

Campaign Finance

“Fla. man who landed gyrocopter at Capitol to plead guilty to lesser charge” by Spencer Hsu for Washington Post

Florida: “Hialeah Mayor Tries to Pay County’s $4K Ethics Fine in Pennies” by Brenda Medina for Miami Herald

New York: “Backed by Single, Untraceable Out-of-State Donor, Reform Party Scores Win” by Chris Bragg for Albany Times Union

Ethics

“Annual Sexual-Harassment Training Required in Missouri House” by Associated Press for New York Times

Alabama: “Ethics Commission Letter Raises State Employee Concerns” by Brian Lyman for Montgomery Advertiser

Florida: “Marco Rubio Spent Lavishly on a GOP Credit Card, but Some Transactions Are Still Secret” by Alex Leary for Tampa Bay Times

Elections

“Off-Year Elections Reveal a 2016 Map with Sharper Borders” by David Weigel for Washington Post

Beginning November 1, the Virginia Conflict of Interest and Ethics Advisory Council assumed responsibility for all lobbyist registrations and disclosures. Created in the spring by the passage of House Bill 2070, the Council is required to review all disclosure forms filed by lobbyists, as well as state officers, employees, and legislators.

Paper and electronic versions of lobbyist registration and reporting are available through the Council’s website, however, electronic reporting will become mandatory beginning with the December 15, 2016 report.

House Bill 2070 followed an unsuccessful attempt to create the Council in 2014. In the previous instance, a battle over the state budget between the General Assembly and the governor resulted in the Council not receiving funding.

Lobbying

“New Generation of Trade Group CEOs Take More Aggressive – and at Times Unorthodox – Approach to Lobbying” by Catherine Ho for Washington Post

California: “Tighter Rules for Lobbying Win S.F. Voter Approval” by Kevin Fagan for San Francisco Chronicle

Rhode Island: “38 Studios: House panel chairwoman wants investigation of deal maker Michael Corso” by Katherine Gregg for Providence Journal

Campaign Finance

Florida: “Dade Medical College Owner Turns Himself In” by Michael Vasquez for Miami Herald

“Maine Backs Post-Citizens United Campaign Finance Initiative” by Paul Blumenthal for Huffington Post

South Dakota: “Council Nixes PAC Contribution Limit” by Joe Sneve for Sioux Falls Argus Leader

Washington: “‘Democracy Vouchers’ Win in Seattle; First in Country” by Bob Young for Seattle Times

Ethics

“Mayor de Blasio’s Hired Guns: Private consultants help shape City Hall” by Thomas Kaplan for New York Times

Elections

“Joseph Ganim, Disgraced Ex-Mayor of Bridgeport, Conn., Wins Back Job” by Kristin Hussey for New York Times

“Matt Bevin, Republican, Wins Governor’s Race in Kentucky” by Sheryl Gay Stolberg and Alan Blinder for New York Times

“Michigan Lawmakers Ousted Over Affair Lose Bid to Regain House Seats” by Associated Press for New York Times

Redistricting

Ohio: “Voters Approve Issue to Reform Ohio’s Redistricting Process” by Jim Siegel for Columbus Dispatch