March 13, 2015 • Written by Jonathan Spontarelli

News You Can Use Digest – March 13, 2015

Federal: Clinton: It ‘might have been smarter’ to use a State Dept. e-mail account Washington Post – Anne Gearan and Philip Rucker | Published: 3/10/2015 Hillary Clinton revealed she had deleted about half her emails from her years as secretary of […]

Federal:

Clinton: It ‘might have been smarter’ to use a State Dept. e-mail account
Washington Post – Anne Gearan and Philip Rucker | Published: 3/10/2015

Hillary Clinton revealed she had deleted about half her emails from her years as secretary of state, saying she had turned over to the Obama administration all correspondence about government business but had erased records of communications about private matters, like yoga routines and her daughter’s wedding. In a news conference about her exclusive use of a private email account while secretary, Clinton sought to squelch the furor about those communications. She acknowledged it would have been wiser to use a government email for official business, but said she had “fully complied with every rule” and was going “above and beyond” what was required of her in asking the State Department to make public much of her email correspondence. Clinton said she had only convenience in mind in choosing to use just a personal email account.

K Street Aims for Global Expansion
The Hill – Megan Wilson | Published: 3/12/2015

After dropping the word “lobbyist” from its name in 2013, the Association for Government Relations Professionals (AGRP) has added hundreds of new members as the group looks to boost its clout and extend its reach, both geographically and in terms of the professionals it represents. Leading the makeover of the organization formerly known as the American League of Lobbyists is Jim Hickey, who was elected as AGRP’s president in December. Hickey wants to break out of Washington and establish an industrywide database that would connect government affairs professionals at the state, federal, and international levels. If a corporation or grassroots firm, for example, needs to find an advocate with a certain policy expertise within a specific state capital, Hickey wants to be able to provide that resource.

Lindsey Graham One of Several in Senate Luddite Caucus
Politico – Lauren French | Published: 3/10/2015

U.S. Sen. Lindsey Graham (R-S.C.) said on “Meet the Press” that he has never sent a single email in his life. Graham’s complete aversion to email might be an extreme case even in the technologically antiquated Senate, where lawmakers still file their campaign finance reports on paper, but he certainly has plenty of company in the Luddite Caucus. The email habits of lawmakers are suddenly in the spotlight after it was reported that Hillary Clinton used a personal email account as her official correspondence while serving as secretary of state and stored the emails on a private server in her home.

Menendez Is to Face Corruption Charges, U.S. Official Says
New York Times – Kate Zernike and Matt Apuzzo | Published: 3/6/2015

The Justice Department is likely to file criminal charges against U.S. Sen. Robert Menendez (D-N.J.) for allegedly accepting gifts and lavish vacations in exchange for political favors for a longtime friend and political benefactor. Menendez has been the subject of an investigation for two years centering on his relationship with Dr. Salomon Melgen, a South Florida ophthalmologist. According to court papers that were mistakenly and briefly unsealed, prosecutors have been examining whether Menendez improperly tried to persuade Medicare officials in recent years to change reimbursement policies in a way that would make millions of dollars for Melgen, one of the country’s biggest recipients of Medicare funds.

Pope Weighs in on Campaign Finance, but Will He Go Before the FEC?
Washington Post – Al Kamen and Colby Itkowitz | Published: 3/11/2015

Pope Francis warned that campaign donations lead elected officials to act against the interests of the people. “In the financing of electoral campaigns, many interests get into the mix, and then they send you the bill,” said .Francis. He also called for transparency in fundraising for political campaigns. His comments caught the attention of Ellen Weintraub of the FEC, who mentioned it before the panel’s most recent meeting. They joked that maybe the pope would like to testify at an FEC hearing when he visits Washington this fall. “I am happy for anyone to recognize campaign finance; this might be even better than Stephen Colbert,” said Weintraub.

From the States and Municipalities:

Idaho – Chastened, IACI Now Looks Inward
Idaho Statesman – Bill Dentzer | Published: 3/5/2015

The head of Idaho’s pro-business lobby has been placed on temporary leave after sending a profanity-laden email criticizing a state senator and suggesting the group introduce retaliation legislation. The board of the Idaho Association of Commerce and Industry made the decision regarding President Alex LaBeau. “The president of the organization said some very inappropriate things about impacting the process over here just to spite a specific senator, which is completely and absolutely inappropriate,” said Sen. John Tippets.

Indiana – Ethical Dilemma? House Speaker Brian Bosma Has Ties to Indy Eleven
Indianapolis Star – Tony Cook and Mark Alesia | Published: 3/5/2015

Indiana House Speaker Brian Bosma revealed he has done legal work for the Indy Eleven soccer team for the past two years. But he did not publicly disclose that work until after the House voted in favor of the $82 million stadium funding proposal for the team, and even then, he did so only after being pressed by reporters to comment on the measure. House Ethics Committee Chairperson Greg Steuerwald said he has done legal work for Keystone Construction Corp., which is owned by Ersal Ozdemir, who also owns Indy Eleven. The revelations come as Bosma and Steuerwald lead a push for ethics reforms in the wake of several high-profile scandals involving state officials.

Kentucky – Anthony Wilhoit to Retire as Head of the Kentucky Legislative Ethics Commission
Lexington Herald-Leader – Jack Brammer | Published: 3/10/2015

Anthony Wilhoit is stepping down as executive director of the Kentucky Legislative Ethics Commission, a post he has held since November 1997. Wilhoit, who will turn 80 this year, said “it’s time for new blood” for the agency that enforces ethics laws and regulates conduct by legislators, lobbyists, and employers of lobbyists. He will remain on the job until the commission finds a replacement. It is taking applications for the job until April 1.

New Jersey – N.J. lobbyists may soon have to pay more to lobby: The Auditor
Newark Star-Ledger – NJ Advance Media | Published: 3/5/2015

The New Jersey Election Law Enforcement Commission (ELEC), which oversees the state’s 984 registered lobbyists, is proposing to increase the fee they have to pay to register each year from $425 to $575. The fee for lobbyists has not been increased since 2004. The proposed amendment was published in the latest New Jersey Register. The 60-day comment period now begins, and ELEC will hold a public hearing on May 19.

Pennsylvania – 3 More Philly Pols Charged in Revived Sting Probe
Philadelphia Inquirer – Craig McCoy | Published: 3/10/2015

Two state lawmakers from Philadelphia and an ex-legislator have been charged with pocketing cash in an influence-peddling case taken up by District Attorney Seth Williams after being dropped by Pennsylvania Attorney General Kathleen Kane. Reps. Louise Williams Bishop and Michelle Brownlee, and former Rep. Harold James, who last served in 2012, face conspiracy, bribery, and other counts. The arrests raised to six the number charged in the case. They are all accused of improperly accepting cash or gifts from informant Tyrone Ali, a lobbyist working undercover for prosecutors. Kane rejected the case in 2013, saying it was flawed by witness credibility problems, entrapment issues, and allegations of racial targeting.

Rhode Island – New Task Force Formed by the Secretary of State Seeks to Overhaul Rhode Island’s Lobbying Laws
Greenfield Daily Reporter – Jennifer McDermott (Associated Press) | Published: 3/5/2015

A task force formed by Secretary of State Nellie Gorbea working to clarify and strengthen Rhode Island’s lobbying laws met for the first time recently. Gorbea said the executive and legislative lobbying statutes are unnecessarily complicated. Her transition committee recommended raising registration fees for lobbyists and increasing fines for those who do not register. Although the Department of State oversees lobbyists, it cannot independently oversee and enforce the laws and charge offenders, said Gorbea. The secretary of state is not granted subpoena powers for administrative hearings, and the penalties for breaking the lobbying laws are minimal. “Stronger laws discourage bad behavior and penalize those who willfully break the law, and renew people’s faith and trust in government,” said Gorbea.

Virginia – McDonnell Appeal Gains High-Profile Supporters
Washington Post – Matt Zapotosky and Laura Vozzella | Published: 3/9/2015

A group of 44 former state attorneys general filed an amicus brief supporting ex-Virginia Gov. Bob McDonnell’s appeal of his conviction on federal corruption charges. The brief argues the charges filed against McDonnell set dangerous precedents surrounding corruption law. In particular, the attorneys general argued the case federalized what should be state public corruption charges and sought to criminalize what they believe should be considered innocuous behavior. A jury determined McDonnell and his wife, Maureen, used the governor’s office to help businessperson Jonnie Williams Sr. promote his dietary supplement company in exchange for $177,000 in loans, personal gifts, and luxury goods. McDonnell was sentenced to two years in prison, his wife to a year and a day.

Jim Sedor State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

March 12, 2015 • Written by Jim Sedor

Thursday News Roundup

Lobbying New York: “Emails Reveal Lobbyist Had Undisclosed Role in Cuomo Financial Crisis Investigation” by Justin Elliot for ProPublica Campaign Finance “Likely 2016 Presidential Candidates Put Money to Work Through Their PACs” by Kurtis Lee for Los Angeles Times West […]

February 26, 2015 • Written by Jim Sedor

Thursday News Roundup

Lobbying Hawaii: “Hawaii Monitor: Is a weak lobbying law getting weaker?” by Ian Lind for Honolulu Civil Beat Campaign Finance Utah: “Bill Setting Campaign Contribution Limits Passes Committee” by Lisa Riley Roche for Deseret News West Virginia: “Bill to Remove […]

February 2, 2015 • Written by Jim Sedor

Monday News Roundup

Lobbying Missouri: “Missouri House to Halt Committee Meetings at Country Clubs and Restaurants” by Kevin McDermott for St. Louis Post-Dispatch Washington: “Lawmakers Grouse about Free Meals Rule” by Jordan Schrader for Tacoma News Tribune Campaign Finance “National Donors Pick Winners […]

January 19, 2015 • Written by Jim Sedor

Monday News Roundup

Campaign Finance “Two PACs Fined over Disclosure Failures” by Anita Wadhwani for The Tennessean Ethics California: “Alfred Villalobos, Fixture in CalPERS Corruption Scandal, Apparently Commits Suicide” by Dale Kasler for Sacramento Bee Florida: “Court Hears Case Challenging Constitutionality of Florida’s […]

January 16, 2015 • Written by Jonathan Spontarelli

News You Can Use Digest – January 16, 2015

National: How Campaigns Are Courting 16-Year-Olds Politico – Darren Samuelsohn | Published: 1/11/2015 Presidential campaigns are looking to target teenagers who are not yet 18 but will be by Election Day 2016. More than eight million people will become legal adults […]

National:

How Campaigns Are Courting 16-Year-Olds
Politico – Darren Samuelsohn | Published: 1/11/2015

Presidential campaigns are looking to target teenagers who are not yet 18 but will be by Election Day 2016. More than eight million people will become legal adults eligible to vote for the first time by the next general election. Campaigns are eager to find ways to get through to these 16- and 17-year-olds who are still minors and, in most cases, more likely to be concerned with making it to class on time than who should be elected president. Indeed, both Democrats and Republicans are desperate for any edge at the polls, and they say they will be employing data mining techniques in search of supporters from this ripe demographic that has little or no track record in politics.

Federal:

Rating 2016 Candidates by Donors Busts Conventional Wisdom
CNN – Chris Moody | Published: 1/14/2015

Crowdpac uses public campaign finance records, along with other data, to plot where potential White House contenders fall on the political spectrum. Crowdpac’s algorithm displays the contenders on a liberal–conservative spectrum, and rates each person on 15 issues. The third piece of the algorithm, which includes the ideology of donors and examines how the politicians spend their own money, makes Crowdpac’s analysis unusual, and helps provide a clearer picture of how those seeking the White House compare to their peers. The results can confound commonly held perceptions.

Who Needs Lobbyists? See What Big Business Spends to Win American Minds
The Center for Public Integrity – Erin Quinn | Published: 1/15/2015

When Washington, D.C.’s biggest trade associations want to wield influence, they often put more of their money into advertising and public relations. The Center for Public Integrity attempted to review spending by the nation’s most “politically active” trade groups, ones that spent more than $1 million on lobbying in 2012. The IRS requires the groups to report their top five contractors. Of $3.4 billion in contracts reported by trade groups from 2008 through 2012, more than $1.2 billion, or 37 percent, went toward advertising, public relations, and marketing services, more than any other category.

From the States and Municipalities:

California – L.A. Alliance for a New Economy Confirms Failure to Report Lobbying
Los Angeles Times – Emily Alpert Reyes | Published: 1/9/2015

The Los Angeles Alliance for a New Economy (LAANE), an influential group that successfully advocated for hiking the minimum wage for hotel workers, confirmed it left off information on reports filed with the city about how much it had paid to employees who act as lobbyists. Between 2009 and 2014, LAANE did not report any payments to its registered in-house lobbyists or any related expenses, despite the fact that emails and calendars for city officials show those lobbyists met regularly with lawmakers and their aides and helped suggest wording to city lawyers for the hotel wage ordinance. The group also did not list any matters its representatives lobbied on.

Florida – Ethics Deadbeats: Debt collectors seek $500K in outstanding fines from Florida public servants
Miami Herald – Christina Veiga | Published: 1/12/2015

The Florida Commission on Ethics has hired debt collectors to chase $487,549.96 in late fees from public officials and employees that have accumulated, in some cases, for more than a decade. Financial disclosure forms, which list net worth, sources of income, real estate holdings, and debts have been the repeated source of trouble or controversy for politicians over the years. Scofflaws are fined $25 a day until they file or they hit the cap of $1,500 per year. After 60 days, unpaid debts get sent to collections. If the person is still in public office, and receives a salary, then the commission can garnish paychecks, a new power that was given to the agency last year.

Illinois – Illinois Inauguration Raises Questions of Corporate Influence
Reuters – Mark Guarino | Published: 1/11/2015

Watchdog groups say activities surrounding Illinois Gov. Bruce Rauner’s inauguration are among the priciest of any incoming governor and take advantage of a loophole in campaign finance that allows wealthy special interests to gain access to those who hold political power. These groups say Rauner’s inauguration festival, with a total tab estimated to reach $10 million, is emblematic of a trend in other states. Critics say the costly celebrations, funded by private donors, skirt ethics laws and open conflicts-of-interest for elected officials.

Illinois – Rauner Spends 1st Full Day as Governor on Ethics, Reversal of Quinn Actions
Chicago Tribune – Monique Garcia, Rick Pearson, and Ray Long | Published: 1/13/2015

Illinois Gov. Bruce Rauner issued an executive order banning some state employees from negotiating for a lobbying job while working for the state. The order also prohibits employees in state agencies and the executive branch from taking lobbying positions for one year after they leave their public sector job. The new rules prevent state employees from receiving any free meals, beverages, or gifts from lobbyists and government business interests, or have travel expenses covered to discuss state business. State workers could still receive food and beverages served at business meetings or receptions in the course of their official duties, subject to approval from the governor’s office or agency.

Kansas – Grand Jury Investigates Loans to the Re-Election Campaign of Gov. Sam Brownback
Kansas City Star – Roxana Hegeman (Associated Press) | Published: 1/8/2015

Federal grand jurors are scheduled to hear testimony about loans made to the re-election campaign of Kansas Gov. Sam Brownback. Lt. Gov. Jeff Colyer made three $500,000 loans to the campaign in 2013 and 2014 and was repaid for two of them in days. Such large loans by candidates to campaigns are uncommon in Kansas, and the pattern of repaying one within days is a highly unusual move that has generated unanswered questions about where Colyer obtained such a large amount of cash. Brownback and his wife also lent the campaign $200,000 last year. No other loans are listed in public reports.

Kentucky – Draft of Report on Kentucky Legislature Remains Untouched, Unreleased after Nine Months
Lexington Herald-Leader – John Cheves | Published: 1/14/2015

In October 2013, the Kentucky Legislature faced a scandal: a lawmaker who resigned over accusations he sexually harassed women at the Legislative Research Commission (LRC); allegations that sexual misconduct and favoritism made the LRC a hostile workplace; and the abrupt departure of longtime Director Bobby Sherman, whom police investigated for shredding documents days after he quit. The Legislature gave a $42,410 contract to the National Conference of State Legislatures (NCSL) to perform a performance audit of the LRC, the bureaucracy that runs the legislative branch of state government. NCSL submitted a draft report in April to Senate President Robert Stivers and House Speaker Greg Stumbo. But the leaders never responded, and rank-and-file lawmakers said they have not seen the report.

Minnesota – Minnesota Sen. Tomassoni Takes Job with Group That Lobbies Legislature
Minneapolis Star Tribune – J. Patrick Coolican | Published: 1/12/2015

Minnesota Sen. David Tomassoni was hired as executive director of the Range Association of Municipalities and Schools, an organization funded in part by public money that lobbies for those interests at the Capitol. His hiring immediately raised questions about whether the two roles would clash. Tomassoni said his role will be administrative, so he will not be lobbying his fellow lawmakers; the group will hire an independent lobbyist if it feels it needs to. He also promised to recuse himself from any votes where the association stands to benefit. Tomassoni’s work will not start until after the 2015 legislative session ends in late May, and he will take an unpaid leave of absence during every session.

North Carolina – Lobbyists, Not Just Lawmakers, Descend on Raleigh as New Session Begins
Raleigh News & Observer – Lynn Bonner | Published: 1/14/2015

North Carolina lawmakers filled the chambers of the Legislative Building for the start of a new session. But the day also launched the intense work of lobbyists. With 443 registered so far, lobbyists outnumber lawmakers by a ratio of more than two-to-one. While the state’s part-time legislators get much of the attention and cast the deciding votes, many ideas for new laws come from the lobbyists and their employers, which cover all sorts of interests. With permission from lawmakers, lobbyists can submit suggested bill language to legislative staffers.

Texas – House Panel Recommends Texas Legislature Take Action on Dark Money
Houston Chronicle – David Saleh Rauf | Published: 1/8/2015

Labeling “dark money” spending a corrupting force in the democratic process, the House Committee on State Affairs released a series of recommendations in a report that suggests the Texas Legislature take action to require disclosure of contributors to 501(c)(4) nonprofits. 501(c)(4)s are allowed to make independent expenditures to influence elections without having to disclose donors and have become a hot topic for state lawmakers after Gov. Rick Perry vetoed a dark money disclosure measure last session. The state Ethics Commission passed new rules intended to define when a 501(c)(4)’s political activity crosses the line and should have to disclose donors like a traditional PAC. The regulation is currently being challenged in court.

Texas – Judge Blocks City Campaign Fundraising Rule
Houston Chronicle – Theodore Schleifer | Published: 1/9/2015

A federal judge temporarily blocked a law limiting when candidates in Houston municipal elections can raise money. An ordinance prevented city candidates from raising money prior to February 1. The lawsuit against the city, filed by candidate Trebor Gordon, argued his First Amendment right to political expression authorized him to raise money for his campaigns whenever his contributors wished to donate.

Virginia – Jailed Lawmaker’s Return Brings Virginia Capitol More Unwanted Attention
Washington Post – Jenna Portnoy and Laura Vozzella | Published: 1/14/2015

A newly re-elected Virginia lawmaker hitched a ride from the jailhouse to the statehouse to be sworn in, even as legislative leaders discussed how to throw him out. Del. Joseph Morrissey, who spends his nights in jail because of a conviction for contributing to the delinquency of a minor, resigned his seat when he was convicted but won it back in a January 13 special election. He was back in his familiar legislative arena as the session convened, but with a whole new set of circumstances: colleagues ignored him, he was stripped of committee assignments, he had to give up his old office, and his desk on the House floor was put in a far corner.

West Virginia – In Unusual Arrangement, W.Va. Party Chairmen Double as Lobbyists
Charleston Gazette – David Gutman | Published: 1/11/2015

Larry Puccio left then-West Virginia Gov. Joe Manchin’s staff in early 2010 and became a lobbyist a week later. He was elected as state Democratic Party chairperson five months after that. Now, he is not alone in serving in the dual roles. West Virginia GOP Chairperson Conrad Lucas registered as a lobbyist with the state Ethics Commission in early December. While this might not be unusual in West Virginia – former Democratic Party Chairpersons Nick Casey, Chuck Smith, and Steve White all lobbied while they were leading the party – it is very unusual nationwide. Other than Puccio and Lucas, there are only two other party chairs anywhere in the country who are active registered lobbyists.

Jim Sedor State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

January 15, 2015 • Written by Jim Sedor

Thursday News Roundup

Campaign Finance Federal: “In 2014, Outside Groups Spent More Than the Candidates in Most Top Races” by Jamie Fuller for Washington Post Federal: “Rating 2016 Candidates by Donors Busts Conventional Wisdom” by Chris Moody for CNN Wisconsin: “Wisconsin Elections Board […]

January 14, 2015 • Written by Jim Sedor

Wednesday Government Relations News

Lobbying “New Rules Target House Witnesses” by Megan Wilson for The Hill “Minnesota Sen. Tomassoni Takes Job with Group That Lobbies Legislature” by J. Patrick Coolican for Minneapolis Star Tribune “W.Va. Ethics Commission to Hold Lobbyist Training Course” by The […]

January 13, 2015 • Written by Jim Sedor

Tuesday Lobbying and Campaign Finance News Update

Lobbying “L.A. Alliance for a New Economy Confirms Failure to Report Lobbying” by Emily Alpert Reyes for Los Angeles Times “In Unusual Arrangement, W.Va. Party Chairmen Double as Lobbyists” by David Gutman for Charleston Gazette Campaign Finance “Brian Foley Gets […]

January 7, 2015 • Written by Jim Sedor

Wednesday Government Relations News

Lobbying “All Cooled Off: As Congress convenes, former colleagues will soon be calling from K Street” in the Center for Responsive Politics Vermont: “Lobbyists Can Now Register Online in Vermont, Condos Says System Gives Public Immediate Access” by The Associated […]

January 6, 2015 • Written by Jonathan Spontarelli

Ask the Experts – Goodwill Lobbying and Registration

Q. I will be having meetings with state legislators to introduce myself and my employer. I do not have any legislation of interest yet, though I anticipate that I will. Will this require lobbyist registration? A. Goodwill lobbying is covered […]

Q. I will be having meetings with state legislators to introduce myself and my employer. I do not have any legislation of interest yet, though I anticipate that I will. Will this require lobbyist registration?

A. Goodwill lobbying is covered in many jurisdictions. The following 19 states may require lobbyist registration for goodwill activities: Alaska, Connecticut, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Kansas, Maryland, Minnesota, Missouri, New York, North Carolina, Oregon, Pennsylvania, Tennessee, Texas, and Vermont. Some jurisdictions have specifically addressed goodwill lobbying. Connecticut covers “door opening,” including such things as telephone calls that you make to set up informational meetings with officials. The Maryland State Ethics Commission has indicated generating goodwill or engaging in educational discussions with officials or employees is considered lobbying.

Some states consider additional activities in determining whether an activity is goodwill lobbying. In Pennsylvania, lobbying includes providing hospitality to a state official or employee for the purpose of advancing the interest of the lobbyist or principal. Kansas also includes entertaining or providing a gift to a state officer or employee in its definition of lobbying in certain circumstances.

Any time you interact with a state official or employee, you must consider whether your activities constitute lobbying, even if you are not engaging in lobbying in a traditional manner. Your activities may count toward the threshold requiring lobbyist registration.

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.

January 6, 2015 • Written by Jim Sedor

Tuesday Lobbying and Campaign Finance News Update

Lobbying Arizona: “Lobbyist Tied to Phoenix VA Executive Fired over Gifts” by Dennis Wagner (Arizona Republic) for USA Today California: “Foes and Fans of L.A. Economic-Justice Group Agree It Gets Things Done” by Emily Alpert Reyes for Los Angeles Times […]

January 2, 2015 • Written by Jonathan Spontarelli

News You Can Use Digest – January 2, 2015

National: A Bipartisan Push to Limit Lobbyists’ Sway over Attorneys General New York Times – Eric Lipton | Published: 12/26/2014 A series of articles in The New York Times examined how lawyers and lobbyists – from major corporations, energy companies, and […]

National:

A Bipartisan Push to Limit Lobbyists’ Sway over Attorneys General
New York Times – Eric Lipton | Published: 12/26/2014

A series of articles in The New York Times examined how lawyers and lobbyists – from major corporations, energy companies, and even plaintiffs’ law firms – have increasingly tried to influence state attorneys general. These outside players have tried to shut down investigations, enlist the attorneys general as partners in litigation, or use their clout to try to block or strengthen regulations emerging from Washington, found the investigation. A debate has started among state attorneys general, even those who believe the problem is more about the perception of a possible conflict-of-interest, over steps that could be taken to insulate them from outside influence.

Cuomo and Christie, Defying Legislatures, Reject Bill to Overhaul Port Authority
New York Times – Jesse McKinley | Published: 12/27/2014

Governors Chris Christie and Andrew Cuomo vetoed legislation passed unanimously in both of their state Legislatures that would change the management structure at the Port Authority of New York and New Jersey. Instead, Christie and Cuomo said they accepted revisions recommended by a special panel to reorganize the agency. The veto came as prosecutors continue to investigate the politically motivated lane closings at the bridge last year, a scandal that marred Christie’s reputation. The bi-state agency has also faced ethical questions over its reputation for rewarding politically connected officials with patronage jobs and allies with lucrative contracts.

What We Learned about the American Voter in 2014
Politico – Jonathan Topaz | Published: 12/31/2014

The Republican landslide in the midterm elections has both parties poring over voting data, hoping to glean insights about the current state of the electorate before the 2016 election. But it might take until the next presidential cycle to answer the most pressing question of whether the GOP’s success in 2014 is the result of significant changes in how voters view the two parties, or the structural difference between the electorates in presidential and midterm years so great that Democrats still maintain a strong demographic advantage going into 2016.

Federal:

Big Money Breaks Out
Politico – Kenneth Vogel | Published: 12/29/2014

Billionaires Michael Bloomberg, Sheldon Adelson, and David Koch were among the top 10 largest contributors to federal political campaigns in the 2014 midterm elections, according to Politico. The 100 biggest campaign donors gave $323 million in 2014, almost as much as the $356 million given by the estimated 4.75 million people who gave $200 or less. The trajectory is pointing to a heyday of mega-donors, asserted political consultant Mark McKinnon. “When 100 big donors give as much almost 5 million small donors, with whom do we expect candidates to spend their time, and whose interests do we think they will represent?” asked McKinnon.

Republicans Try to Fix Damage Scalise’s 2002 Speech Could Do in 2016
New York Times – Jonathan Martin and Jackie Calmes | Published: 12/30/2014

U.S. Rep. Steve Scalise, the House majority whip, acknowledged he spoke to a white supremacy group in 2002, though he said he did not realize what kind of organization it was, is not affiliated with it, and does not agree with its beliefs. The group was the European-American Unity and Rights Organization, founded by David Duke, a former grand wizard of the Ku Klux Klan. The controversy erupted as Republicans were making a renewed effort to reach out to black voters. It threatened to cloud their agenda after capturing control of the Senate and adding to their House majority in the midterm election.

From the States and Municipalities:

Arizona – Firing of VA Clinic Chief Upheld over Gifts, Not Wait Times
USA Today – John Wagner (Arizona Republic) | Published: 12/24/2014

An administrative judge upheld the dismissal of the director of the Veterans Affairs (VA) health care system in Phoenix for accepting more than $13,000 in airline tickets and other gifts from a consultant for the health care industry and for failing to disclose some of the gifts. The former director, Sharon Helman, had also been implicated in the falsification of the hospital’s waiting lists for care, a problem at Phoenix and other veterans’ hospitals that roiled the VA. But the administrative judge, Stephen Mish, concluded the department had not provided sufficient evidence to justify firing Helman for the manipulation of waiting lists, which concealed delays in providing care to veterans.

California – New FPPC Chair Takes Low-Profile Approach
Sacramento Bee – Laurel Rosenhall | Published: 12/24/2014

As Jodi Remke takes the mantle as chairperson of the California Fair Political Practices Commission, she said she is mainly focused on beating bureaucracy at the agency. Her predecessor, Ann Ravel, brought national attention to the sometimes-obscure commission that polices California’s lobbying and campaign finance laws. Remke said she wants to continue Ravel’s work going after serious violations of the state’s Political Reform Act. But she has her own vision for the position, too, one that involves increasing the FPPC’s use of technology and streamlining the requirements involved for officials to follow the law.

California – Politicians Use ‘Ghost’ Campaigns to Fight Specter of Lost Funds
San Francisco Chronicle – John Wildermuth | Published: 12/25/2014

California election law requires candidates to close their campaign accounts and disburse the money within two years after losing an election or being termed out of office, unless they are planning to run for another office. Plenty of out-of-work politicians want to hang on to their campaign cash for as long as they can, however, and the rule has forced some veteran officeholders into some unusual political contortions. At age 82, former state Sen. John Burton is head of the California Democratic Party, but he has opened a not-especially-active campaign for state superintendent of public instruction four years from now.

Georgia – University System of Georgia Spent More Than $48,000 on Perks for State Lawmakers
Columbus Republic; Associated Press – | Published: 12/28/2014

A state law passed in 2013 prohibits Georgia legislators from receiving gifts worth more than $75. But that law also excludes public employees from being considered lobbyists. University System of Georgia officials spent tens of thousands of dollars in 2014 on football tickets, meals, and events for state lawmakers. Some lawmakers say University System officials acting in a lobbying capacity should have to register as such and report their spending to the state.

Massachusetts – State Campaign Contributions Set to Double
Boston Globe – Joshua Miller | Published: 12/27/2014

Candidates for all municipal, county, and state elected offices in Massachusetts can now raise $1,000 per year from individuals, double the old limit of $500. The change, part of a multifaceted campaign finance package signed into law this summer, is certain to be a boon to campaign accounts. Beyond that, there is dispute about what the increase might mean. Some believe the increase will simply make campaigns more expensive. Others think it might allow politicians to raise the money they need in less time, and spend their newly free hours with regular voters, building support.

Missouri – With Lobbyists, Missouri Lawmakers Golf and Dine Far from Jefferson City
PoliticMo.com – Eli Yokely | Published: 12/30/2014

In Jefferson City, where the statehouse is governed by no limits on personal gifts and campaign contributions to lawmakers from lobbyists, it is common practice for legislators to get their meals, lodging, and drinks paid for by lobbyists, according to records maintained by the Missouri Ethics Commission. But on a recent trip to Las Vegas trip attended by three lobbyists and eight lawmakers, the only thing that was reported to the commission was an $8.50 expense from Noranda Aluminum executive Charles Skoda to Rep. Don Gosen. Though no exchange of gifts was reported, the episode reveals the close ties lobbyists form with state lawmakers and the extent to which they can legally go to push their agenda.

New York – U.S. Said to Investigate Sheldon Silver, New York Assembly Speaker, Over Payments
New York Times – William Rashbaum, Thomas, Kaplan, and Susanne Craig | Published: 12/29/2014

Federal authorities are investigating the sources of income of New York Assembly Speaker Sheldon Silver. The probe stems from an inquiry U.S. Attorney Preet Bharara began in April after Gov. Andrew Cuomo disbanded a panel examining corruption in the state Legislature. Among the areas the panel looked into was lawmakers’ sources of income, which must be disclosed. In addition to his $121,000 salary from the state, Silver has for years listed income from acting as “of counsel” to Weitz & Luxenberg, though he has declined to say what he does for the law firm. In 2013, Silver said he made from $650,000 to $750,000 from outside work including, though not limited to, Weitz & Luxenberg.

North Carolina – Opinion Says Lawmakers Can Raise Money for Political Nonprofits
WRAL – Mark Binker | Published: 12/29/2014

The Legislative Ethics Committee issued an opinion saying North Carolina lawmakers are allowed to raise money for political nonprofits that collect cash to lobby or elect members to the General Assembly. Raising money for political nonprofits is frequently easier than gathering cash into campaign accounts because the same fundraising limits do not apply and nonprofits are often not required to disclose the names of donors. Nonprofits also can raise money from interested groups when an important legislative decision is approaching, rather than having to wait like lawmakers until after the session ends.

Oklahoma – Ethics Agency Fails To Collect Most Fees
KGOU – M. Scott Carter (Oklahoma Watch) | Published: 12/29/2014

As of early 2014, candidates, their campaigns, and other organizations owed the Oklahoma Ethics Commission more than $200,000 in unpaid fees for late or no filing of statements of income and spending. The commission’s executive director said many fees probably will never be collected because of a lack of resources. The agency decided to stop assessing late fees this year partly because it needed to establish new rules for imposing fees. Dozens of political groups and campaigns in the 2014 election failed to meet deadlines for filing their statements.

Washington – PDC Finding It Hard to Get Money to Make Upgrades to Its Campaign-Finance Web Site
Tacoma News Tribune – Brad Shannon (The Olympian) | Published: 12/26/2014

The budget for the Public Disclosure Commission is cut by two percent in Washington Gov. Jay Inslee’s proposed spending plan for 2015-17, including elimination of three employees that would leave staffing at fewer than 17 full-time equivalent positions. The agency had suggested the staffing cuts, including elimination of a vacant in-house legal counsel position. But it also wanted to invest potentially $200,000 into upgrades making it easier for candidates and lobbyists to file reports and for the public to find and understand them.

Jim Sedor State and Federal Communications produces a weekly summary of national news, offering more than 80 articles per week focused on ethics, lobbying, and campaign finance.

December 31, 2014 • Written by Jim Sedor

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