The New Jersey Election Law Enforcement Commission has approved the publication of a proposal amending lobbyist registration and reporting obligations. The proposal would require governmental affairs agents and represented entities to file all lobbying forms and reports electronically. A registration number and PIN supplied by the Commission would act as an electronic signature and acknowledgement for forms and reports submitted electronically.

Furthermore, when a group of individuals, each registered as a governmental affairs agent, together represents more than one entity, the group will be able to file a notice of representation for a represented entity on behalf of the group. Notice of termination filed by such a group would need to indicate whether termination applies the entire group or to a specific governmental affairs agent.

Additionally, the proposal would require any changes to the notice of representation to be made by electronically filing an amendment. Lastly, the proposal would also require an individual registering as a governmental affairs agent for the first time to personally appear in Commission offices to submit the annual fee and required photographs.

The proposed amendments were published in the New Jersey Register on October 19, 2015, and will be the subject of a public hearing on December 15. If approved following the public hearing, the amendments are expected to go into effect in early February.

Federal:

Even with Rising Debt and Sinking Polls, Candidates Find Dropping Out Is Hard to Do
Los Angeles Times – Noah Bierman | Published: 10/19/2015

Over time, several presidential hopefuls with dwindling bank accounts and bottom-scraping poll numbers may be recapping the experience of Scott Walker and Rick Perry, the first candidates to quit the race. They will have to weigh the risks to their reputations, finances, and political futures of staying in the race versus getting out. History shows candidates are likely to push against the odds for as long as they can resist sober political facts. Some may prolong time in the campaign to advance a single issue, enhance a career in television, or set themselves up for a job in the next administration. They may time their withdrawal to raise the leverage of their endorsement or preserve their standing at home.

How Time Ran Out on Joe Biden’s Presidential Dream
Washington Post – Dan Balz and Paul Kane | Published: 10/21/2015

Vice President Joe Biden said he will not be a candidate for president. The announcement closes the door on one of the biggest potential challenges to Hillary Clinton’s second attempt at capturing the Democratic nomination. As the 2016 campaign took shape, Biden played coy about his intentions, never signaling clearly an interest in running but never saying he would not. With the Iowa caucuses on the horizon, Biden acknowledged the result of his protracted deliberations, saying a “window” had closed on “mounting a realistic campaign.”

‘Outsider’ Presidential Candidates Prove Competitive in Fund-Raising
New York Times – Nicholas Confessore and Eric Lichtblau | Published: 10/15/2015

In both the Republican and Democratic primaries, upstart presidential candidates shunned by their parties’ major donors are now financially competitive with – and, in some cases, vastly outraising – opponents who have spent months or years courting the big-name donors and fundraisers who have traditionally dominated the money race. The steady fundraising of outsider candidates, who have tapped into a network of smaller donors, suggests a financial paradigm shift in both parties, but particularly on the right, where candidates beloved by the Republicans’ socially conservative base have sometimes struggled to muster the financial resources to sustain a long-term campaign for the nomination.

‘Supermajority’ of House Freedom Caucus to Back Paul Ryan’s Speaker Bid
Washington Post – Mike DeBonis and Robert Costa | Published: 10/21/2015

A strong majority of anti-establishment conservatives in the Freedom Caucus voted to support U.S. Rep. Paul Ryan for House speaker, assuring he will have the votes to secure the post and averting a leadership crisis for Republicans. Ryan indicated he was prepared to seize the gavel and try to bring unity to his party, which has been riven over how House leaders exert authority over members. That fight had become so bitter that it forced the resignation of Speaker John Boehner and derailed the candidacy of Majority Leader Kevin McCarthy to replace him.

From the States and Municipalities:

Arizona – Public Disservice: Few punished in Arizona discrimination cases
Arizona Republic – Rob O’Dell and Craig Harris | Published: 10/15/2015

The Arizona Republic uncovered dozens of cases of sexual, racial, and age discrimination claims by state workers. More than half the employees said they were penalized by retaliation, the investigation found, while those accused of discrimination went virtually unpunished. More than one-third were actually promoted after their alleged actions, and more than 40 percent received pay raises following the settlements. Taxpayers shelled out more than $6 million from 2009 to 2014 to settle discrimination, harassment, or other workplace claims by 57 public employees from state agencies, universities, and courts.

Arkansas – Ex-Arkansas Senate Head Got $120K from Group
Arkansas Business – Claudia Lauer (Associated Press) | Published: 10/21/2015

The Arkansas Faith and Freedom Coalition paid Michael Lamoureux’s law firm $120,000 for “consulting” services in 2013, when Lamoureux was the Arkansas Senate president pro tempore. He left the Senate in 2014 to become chief of staff for Gov. Asa Hutchinson. The coalition’s website says it favors such things as “legislation that strengthens families … protects the dignity of life and marriage,” and lowers taxes on small businesses and families. It was unclear what type of consulting work Lamoureux’s former law firm did for the coalition. The Senate’s rules of conduct in 2013 explicitly prohibited senators from discussing or voting on issues that “will specifically relate to a business which employs the senator or in which he or she receives compensation as an attorney or consultant.”

California – ‘Behested Payments’ Let Private Groups Curry Favor with Politicians – New Law Will Limit Disclosure
KQED – Marisa Lagos | Published: 10/16/2015

Once they are in office, elected officials in California can use their clout to help raise cash for pet projects outside of state government. Gov. Jerry Brown has directed the bulk of his $30 million in behested payments to charter schools in Oakland. The amount they can raise for these private groups is unlimited, but officials must report when the donations top $5,000 from a single source in one year. In all, politicians have directed more than $120 million to private groups since regulators started requiring disclosure in 1997. Critics say the payments may go to good causes, but are simply another way for special interest groups – including corporations with business before state government – to curry favor.

California
New California Rules Meant to Deter Coordination in Campaigns
Sacramento Bee – Jim Miller | Published: 10/15/2015

Regulations approved by the California Fair Political Practices Commission (FPPC) effectively shifts the burden of proof in cases of suspected coordination in campaigns from the government to the candidate or outside spending committee. It puts them on notice if former aides or immediate family members go to work for an outside spending group involved in a candidate’s race, for instance, or a candidate raises money for an outside organization. It also would restrict the sharing of candidate-produced video and data. FPPC Chairperson Jodi Remke said the new rules address the growth in outside spending groups since voters approved contribution limits in 2000. Though donations directly to candidates are limited, the independent expenditure committees are allowed to raise as much as they want, as long as there is no coordination between them and the candidates who benefit.

Connecticut – Political Campaigns Rake in Cash despite Ban
The Day – Ken Dixon (Hearst Connecticut Media) | Published: 10/19/2015

Connecticut law prohibits those who do business with the state from contributing to the campaigns of politicians who could award or influence state contracts. But that has not stopped the flow of money from state contractors. An investigation into the Democratic State Central Committee’s federal account, which has no restrictions on who can contribute, shows it is filled with money from those on Connecticut’s banned contractor list. Watchdogs say the use of the federal account is simply a backdoor system of “pay-to-play.”

Missouri – A Few Hold the Political Purse Strings in Missouri
Kansas City Star – Jason Hancock | Published: 10/20/2015

More than 25 percent of all large campaign contributions in Missouri, defined by state law as any donation greater than $5,000, over the last five years were made by only 10 individuals and groups. Rex Sinquefield, a retired financier, has given $22.1 million since 2011 in large contributions. That is three times as much as the second largest donor. The cost of campaigning in Missouri has risen dramatically since the Legislature voted to abolish contribution limits in 2008. Republicans are benefiting the most, but Democrats are not shy about taking their share of five- and six-figure checks from donors.

New Mexico – Duran Proposes New Rules for Campaign Finance
Albuquerque Journal – Deborah Baker | Published: 10/17/2015

New Mexico Secretary of State Dianna Duran is moving ahead with new rules governing campaign finance, even as she faces criminal charges for allegedly misusing her own campaign money. The advocacy group ProgressNow New Mexico said that Duran removing herself from the process is the only way voters will be confident the rules changes “are being made honestly and with the best intentions.” Some of the proposed rules were prompted by an elections bill passed in this year’s legislative session. Other rules have been in the works at Duran’s office for a couple of years in an effort to clarify existing law and get New Mexico in sync with federal court decisions.

Pennsylvania – Ethics Missteps Don’t Deter Pennsylvania Ex-LCB Officials
Pittsburgh Tribune-Review – Kari Andren | Published: 10/21/2015

Four former Pennsylvania Liquor Control Board officials who violated state ethics laws by accepting gifts from vendors now make regular appearances at the agency as employees and lobbyists for the industry they once regulated. State officials and lawmakers who leave government are required by law to wait a year before conducting business with former colleagues. Terry Madonna, a professor at Franklin & Marshall College, said the waiting period does not go far enough to curb the appearance that the former officials bring unfair influence gained in the public sector to their private work. “You and I know that doesn’t change the culture, doesn’t change relationships,” Madonna said.

Pennsylvania – Pittsburgh City Council Passes New Campaign-Finance Rules
Pittsburgh Post-Gazette – Robert Zullo | Published: 10/20/2015

The Pittsburgh City Council gave final approval to a series of campaign finance reforms. The bill makes the city’s contribution limits conform to the FEC standards, which are $2,700 for individuals and $5,000 for political committees per election. For the purposes of the limits, primaries and general elections are considered separate elections. The ordinance also bans “stacking” contributions, when candidates accept donations for the primary and general elections at the same time.

Wisconsin – Assembly Approves Splitting GAB into Elections and Ethics Agencies
Milwaukee Journal Sentinel – Patrick Marley and Jason Stein | Published: 10/21/2015

Two controversial bills that would alter Wisconsin’s elections landscape faced an uncertain future in the Senate, even as Assembly Republicans put them on a fast track to passage. The Assembly for a bill to replace the Government Accountability Board with two separate boards with partisan appointees, as opposed to the current board, a panel of former judges. The other bill that would give state campaign finance law its most substantial overhaul in decades passed unanimously after Assembly Democrats recused themselves from voting. The campaign finance legislation would double contribution limits, allow corporations and unions to give money to political parties and key campaign committees, and permit candidates to work closely with advocacy groups that do not have to disclose where they get their money.

Wisconsin – Lawmakers Approve Bill Ending John Doe Probes of Political Crimes
Milwaukee Journal Sentinel – Patrick Marley and Jason Stein | Published: 10/20/2015

The Wisconsin General Assembly passed legislation that prohibits prosecutors from using secret inquiries known as John Doe investigations to probe allegations of political crimes such as campaign finance violations or misconduct in public office, a method used twice by prosecutors to investigate Gov. Scott Walker’s campaign and his aides. Republicans supporting the legislation said it would provide a more transparent process of investigating and prosecuting political wrongdoing, while Democrats said the bills shield politicians from scrutiny and opens the door to corruption.

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

Missouri: “On the Trail: Lawmakers struggle to close General Assembly’s ‘revolving door’” by Jason Rosenbaum for KRCU

New York: “Education, Real Estate Tax Breaks Drove $131 Million Lobbying Spending” by Casey Seiler for Albany Times Union

Campaign Finance

“The Inside Story of Trump Campaign’s Connections to a Big-Money Super PAC” by Matea Gold, Tom Hamburger, and Jenna Johnson for Washington Post

New Mexico: “Duran Proposes New Rules for Campaign Finance” by Deborah Baker for Albuquerque Journal

Ethics

California: “‘Behested Payments’ Let Private Groups Curry Favor with Politicians – New Law Will Limit Disclosure” by Marisa Lagos for KQED

Virginia: “State Ethics Commission Recommends $15,000 Pay Raise for General Assembly Members” by Graham Moomaw for Roanoke Times

Elections

“Even with Rising Debt and Sinking Polls, Candidates Find Dropping Out Is Hard to Do” by Noah Bierman for Los Angeles Times

“The Women in the Van” by Hadas Gold for Politico

Legislative Issues

“The Obsession of the House Freedom Caucus” by Jake Sherman for Politico

Lobbying

“Illegal Lobbying Practice Got Scant Pentagon Attention” by Austin Wright for Politico

Campaign Finance

“How Trump Blurs the Line” by Katy O’Donnell for Politico

“‘Outsider’ Presidential Candidates Prove Competitive in Fund-Raising” by Nicholas Confessore and Eric Lichtblau for New York Times

California: “New California Rules Meant to Deter Coordination in Campaigns” by Jim Miller for Sacramento Bee

Ethics

Arizona: “Public Disservice: Few punished in Arizona discrimination cases” by Rob O’Dell and Craig Harris for Arizona Republic

California: “In Sacramento, Limits Are Few on Revolving Door between Government and Private Jobs” by John Myers for KQED

Hawaii: “Kirk Caldwell’s Many ‘Tokens of Aloha’ Came from Influential Parties” by Nick Grube for Honolulu Civil Beat

New York: “Reform Proposals Fly as Panel Evaluates Ethics Watchdog” by Samar Khurshid for Gotham Gazette

Ohio: “Court Documents: A second Redflex executive pleaded guilty in bribery conspiracy” by Doug Caruso for Columbus Dispatch

Pennsylvania: “Ethics, Campaign Finance Bills Advance in Pittsburgh City Council” by Robert Zullo for Pittsburgh Post-Gazette

The Office of the City Clerk has published new rules to the city’s lobbying law following a public comment period and summerlong review by the Law Department. The rules require a lobbyist or client to designate a principal officer to electronically file the registration and reports by enrollment in the city’s online e-Lobbyist system.

While the rules allow for a designee or compliance officer to assist the principal officer in completing reports, they prohibit a principal officer from sharing his or her e-Lobbyist password. The rules also detail the procedure for enrolling in e-Lobbyist; provide requirements for retainers and authorization letters; indicate when filing extensions may be obtained; provide procedures for obtaining a waiver of late filing penalties; establish enforcement procedures; and create an amnesty program. The amnesty program would allow certain violators of the lobby law to come into compliance without penalty if meeting the eligibility criteria.

The rules are effective November 4, 2015.

National:

The Gender Gap in Political Giving
New York Times – Jeremy Merrill | Published: 10/14/2015

Only about 30 percent of big donors to campaigns are women. The estimated gap in overall fundraising is even larger, because the average contribution from a man is much larger than the average for a woman. It is impossible to know from the way contributions are recorded by campaigns whether a political donation that officially comes from one person actually comes from a married couple. But the name on a political contribution still matters, for access to political figures and influence with them. In an era when big donors demand ever more access to potential future leaders, the gender gap in contributions contributes to a gender gap in political power as well.

Federal:

Dennis Hastert Reaches Plea Deal in Bank Withdrawals
New York Times – Julie Bosman | Published: 10/15/2015

Former U.S. House Speaker Dennis Hastert will plead guilty to charges he lied to the FBI about making illegally structured bank transactions as part of an effort to pay hush money to someone he wronged in the past. With the plea agreement, Hastert may be able to keep embarrassing details about his past out of the public eye but it could mean serving time in prison. Hastert was indicted in a scheme in which he paid more than $1.7 million to conceal unspecified past misconduct to someone only identified as “Individual A.” While the indictment does not detail the wrongdoing, law enforcement officials have said the money was meant to conceal sexual misconduct committed against a male student when Hastert was a high-school teacher and coach.

Nonprofit Masks Source of Ads Backing Rubio
New York Times – Jonathan Martin and Nicholas Confessore | Published: 10/11/2015

Voters in states like New Hampshire and Iowa have been left largely in the dark about who is putting the most money behind U.S. Sen. Marco Rubio’s campaign for president. Of all the television advertisements aired in support of the senator so far this year, $5.5 million worth, none have been paid for by Rubio’s own campaign. Instead, the money has flowed through a nonprofit group called the Conservative Solutions Project, formed by a former Rubio aide and now overseen in part by a Republican strategist who is close to Rubio’s campaign manager. Unlike candidates and super PACs, the nonprofit, which has raised more than $18 million, will never be required to disclose anything about its donors. While all of Rubio’s competitors are supported by a super PAC, no one is relying on a secretive nonprofit for the bulk of its advertising.

The Families Funding the 2016 Presidential Election
New York Times – Nicholas Confessore, Sarah Cohen, and Karen Yourish | Published: 10/10/2015

Just 158 families, along with companies they own or control, contributed $176 million in the first phase of the presidential campaign. Not since before Watergate have so few people and businesses provided so much early money in a campaign, most of it through channels legalized by the U.S. Supreme Court’s Citizens United decision. In marshaling their financial resources chiefly behind Republican candidates, the donors are serving as a kind of financial check on demographic forces that have been nudging the electorate toward support for the Democratic Party and its economic policies. Interviews and public documents reveal the donors are a class apart, distant from much of America while geographically, socially, and economically intermingling among themselves.

The GOP Sinks Deeper into Chaos. Can It Still Function as a Party?
Washington Post – Karen Tumulty | Published: 10/8/2015

Republicans are in an historic state of chaos. The most powerful force at work in the ­once-hierarchical GOP is anger, directed as much at its own leaders as anywhere else. First, a contingent of conservative House members effectively forced Speaker John Boehner to resign rather than face a possibly losing battle to hold on to his job. They also claimed House Majority Leader Kevin McCarthy, who had been considered the favorite to replace Boehner until he announced he is dropping out of the race. With no obvious replacement for Boehner in sight, “it is total confusion – a banana republic,” said U.S. Rep. Peter King. Parallel currents of rage have been roiling the 2016 presidential race, diminishing hopes that an eventual nominee can bring order and direction to the increasingly dysfunctional party.

Through Executive Orders, Obama Tests Power as Purchaser-in-Chief
USA Today – Gregory Korte | Published: 10/11/2015

If there is one industry that has been disproportionately impacted by President Barack Obama’s executive orders, it is federal government contractors. Since becoming president, Obama has signed at least 15 executive orders and presidential memoranda aimed at contractors, dictating their hiring and firing practices, compensation policies, and working conditions. The White House is hoping that the orders send a message to the economy at large, and have an effect far beyond the public sector. But critics of Obama’s aggressive use of the executive order say the actions will kill off small businesses and may be unconstitutional.

From the States and Municipalities:

Alabama – Jarrod Massey: Looking for a second chance after prison in bingo case
AL.com – Charles Dean | Published: 10/11/2015

Former lobbyist Jerrod Massey recently completed a prison sentence for conspiracy and bribery stemming from the role he played in attempting to buy the votes of Alabama senators. He is now telling the cautionary tale of how big money and a bigger ego to join the relatively small club of the best lobbyists in Montgomery led him to do things that ultimately put him behind bars. Massey said he justified what he was doing because of the environment he saw around him. “I was aware legally I had crossed a line,” said Massey. “I’ve gone back and trust me, I spent many nights in a prison bunk examining really, where did I go wrong, where did that start?”

Illinois – Former Chicago Public Schools Chief to Plead Guilty to Bribery Scheme
Chicago Tribune – Jason Meisner and Juan Perez, Jr. | Published: 10/8/2015

Former Chicago Public Schools Chief Executive Officer Barbara Byrd-Bennett will plead guilty to charges she gave a no-bid $20.5 million contract to a former employer in exchange for future employment and a $250,000 kickback for two relatives. According to the indictment, Byrd-Bennett steered the contract to SUPES Academy, where she once worked as a consultant. Much of the indictment centers on emails sent between SUPES Academy co-owner Gary Solomon and Byrd-Bennett that seem to make no effort to conceal the alleged scheme. In one message, which she finished with a smiley-face emoticon, Byrd-Bennett implied she needed cash because she had “tuition to pay and casinos to visit.”

Iowa – Trial Begins for Veterans of 2012 Ron Paul Campaign
Washington Post – David Weigel | Published: 10/13/2015

A federal trial is set to begin in Iowa for two aides to Ron Paul’s 2012 presidential campaign, Jesse Benton and Dimitri Kesari, accused of secretly paying a state lawmaker for his endorsement. Prosecutors say they concealed payments to former Iowa Sen. Kent Sorenson after he jumped from the Michele Bachmann campaign to the Paul campaign a few days before the January 2012 Iowa caucuses. Benton had to step away from the super PAC of U.S. Sen. Rand Paul in the wake of the indictment. Kesari, is simultaneously a suspect in a 2014 burglary at the home of a deceased Ron Paul campaign worker.

New York – Advance Group Fined $26k by Schneiderman, Campaign Finance Board
Albany Times Union – Chris Bragg | Published: 10/8/2015

A Manhattan lobbying firm was fined nearly $26,000 for improperly coordinating elements of the campaigns of two New York City Council candidates and expenditures by an animal rights group. The penalties stemmed from consulting work done by the Advance Group for Laurie Cumbo and Mark Levine, who were both elected to the council in 2013, and work done simultaneously for NYClass, an advocacy group that has pushed for a ban on the Central Park horse-carriage industry. The state attorney general’s office found NYClass used office space and staff members from the Advance Group and made expenditures on behalf of the campaigns of Levine and Cumbo. In August 2013, the New York City Campaign Finance Board warned that NYClass’s expenditures could not be considered independent.

New York – JCOPE Announces Amnesty Program for Some Lobbyists
Albany Times Union – Casey Seiler | Published: 10/13/2015

The Joint Commission on Public Ethics (JCOPE) approved a plan for a six-month amnesty and compliance program to encourage lobbyists and clients of lobbyists who have failed to submit any required filings with the agency. To qualify for the program, applicants must not have previously been contacted by JCOPE for failure to comply with filing requirements and cannot have been the subject of a criminal proceeding related to a violation of the lobbying law. Among the requirements are that applicants would be required to file their reports going back from January 1, 2013 and to submit all applicable filing fees. This amnesty would not apply to “professional” lobbyists or established clients of lobbyists.

Ohio – Court Documents: A second Redflex executive pleaded guilty in bribery conspiracy
Columbus Dispatch – Doug Caruso | Published: 10/15/2015

Federal court documents outline how Redflex Traffic Systems Vice President Aaron Rosenberg worked with lobbyist John Raphael to get the company a contract in Columbus. Rosenberg pleaded guilty to making, and hiding, campaign donations to influence city officials from 2005, when the original red-light camera contract started, through 2013. He served a year on probation as part of a deal to help federal prosecutors. Raphael will plead guilty to one count of extortion. His plea agreement says he shook down Redflex officials for campaign contributions by threatening company officials with the loss of influence and contracts.

Ohio – Ginther among Those Being Investigated Over Trip to Big Ten Title Game
Columbus Dispatch – Lucas Sullivan | Published: 10/9/2015

The Ohio Ethics Commission is investigating Columbus City Council President Andy Ginther and three other current or former council members for a lobbyist-funded trip they took to the Big Ten Championship football game last December. Ginther, Eileen Paley, Shannon Hardin, and former council member Michelle Mills have been asked to submit records. Mills resigned earlier this year for failing to report the trip on financial disclosure forms. It was paid for by lobbyist John Raphael, who has agreed to plead guilty to extortion in the federal investigation of money that Redflex Traffic Systems funneled through Raphael to some Columbus elected officials. The council members paid $250 for the trip, but the fair-market value may have been $750. State law requires elected officials to disclose the difference in the cost paid compared with the fair market value, if the difference in the value is greater than $75.

Washington – Seattle Council Candidate Alleges Political Shakedown by Developer
Seattle Times – Daniel Beekman | Published: 10/12/2015

Seattle City Council candidate Jon Grant claims the developer of a project across from City Hall tried to shake him down, and a text message sent to former Mayor Mike McGinn reveals some of what went on. Grant claims Brett Allen, a senior vice president at Triad Capital Partners, approached him at a campaign event and asked for help settling a lawsuit brought by Grant’s former employer. Grant says he was told the payoff could be that a new political committee gearing up to spend heavily against him would go away. Then Allen sought to have McGinn broker a meeting with Grant, sending the former mayor a text message that spelled out the proposed quid pro quo. McGinn endorsed Grant recently.

Wisconsin – GAB Director to GOP Lawmaker Questioning His Relationship with Ex-IRS Administrator: ‘Have You No Decency?’
Wisconsin State Journal – Mark Sommerhauser | Published: 10/13/2015

State Sen. Chris Kapenga pressed the director of the Wisconsin Government Accountability Board (GAB), Kevin Kennedy, about his relationship with former IRS administrator Lois Lerner during a hearing on a bill to revamp the board. Lerner became a frequent target of conservatives after reports indicated the IRS targeted nonprofit tea party groups for additional scrutiny under her watch. A visibly angered Kennedy responded by accusing Kapenga of using McCarthy-like tactics in the effort by Republicans to dismantle the GAB. “Have you no decency?” Kennedy asked Kapenga. “I owe you no explanation about my friendships.” Democrats assailed the bill, saying the move could lead to the same sorts of legislative scandals that triggered the GAB’s creation eight years ago.

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: “California Doctors’ Lobby Group Pushes Agenda with Swagger” by Christopher Cadelago for Sacramento Bee

Campaign Finance

Washington: “Seattle Council Candidate Alleges Political Shakedown by Developer” by Daniel Beekman for Seattle Times

Ethics

“While at State, Clinton Chief of Staff Held Job Negotiating with Abu Dhabi” by Rosalind Helderman for Washington Post

“Trial Begins for Veterans of 2012 Ron Paul Campaign” by David Weigel for Washington Post

New York: “A Guide to What the JCOPE Review Commission Will Be Looking At” by Bill Mahoney for Capital New York

Pennsylvania: “Pennsylvania Legislature Spent $2.8M on Criminal Lawyers over 4 Years” by Mark Scolforo (Associated Press) for Allentown Morning Call

Wisconsin: “Lawmakers clash on GOP elections, campaign finance bills as they speed toward passage” by Mark Sommerhauser for Wisconsin State Journal

Elections

“The GOP Sinks Deeper into Chaos. Can It Still Function as a Party?” by Karen Tumulty for Washington Post

“In Choreographed Campaigns, Candidates Stumble Over Choice of Music” by Ben Sisario for New York Times

Wyoming: “Wyoming’s Chief Election Officer Steps Down, Citing ‘Philosophical Differences’ with Newly Elected Secretary of State” by Trevor Brown for Wyoming Tribune

The Joint Commission on Public Ethics (JCOPE) created a six-month amnesty program to help lobbyists and clients of lobbyists comply with the New York Lobbying Act. This program will assist those who have never turned in required filings.

To be eligible to participate, the lobbyist or client cannot have previously been contacted by JCOPE for failure to comply, or been subject to criminal proceedings concerning a violation of the Lobbying Act.

The program will run from January 1 to June 30, 2016.

Lobbying

Alabama: “Jarrod Massey: Looking for a second chance after prison in bingo case” by Charles Dean for AL.com

Florida: “City Council President Proposes Cellphone Ban during Meetings; Citizens Group Plans to File Lawsuit” by Christopher Hong for Florida Times Union

Campaign Finance

“The Families Funding the 2016 Presidential Election” by Nicholas Confessore, Sarah Cohen, and Karen Yourish for New York Times

“Nonprofit Masks Source of Ads Backing Rubio” by Jonathan Martin and Nicholas Confessore for New York Times

Wisconsin: “GOP Proposal Rewrites State’s Campaign Finance Laws” by Matthew DeFour for Wisconsin State Journal

Ethics

Connecticut: “In Hartford, Case of Treasurer Adam Cloud Prompts Calls to Strengthen Ethics Code” by Jeff Cohen for WNPR

South Dakota: “Democrats Plan New Push for Ethics Commission over GEAR UP” by James Nord (Associated Press) for Sioux Falls Argus Leader

Elections

“How Can an Introvert Like Jeb Bush Get Elected President?” by Amber Phillips for Washington Post

Procurement

“Through Executive Orders, Obama Tests Power as Purchaser-in-Chief” by Gregory Korte for USA Today

Redistricting

Florida: “Judge Rejects House, Senate Redistricting Map, Recommends Challengers’ Plan” by Mary Ellen Klas for Miami Herald

Columbus mayoral candidate Andrew Ginther recently proposed a plan for new ethics rules for lobbyists and elected officials. His plan would amend the definition of lobbyist and expand lobbyist reporting requirements. Elected officials would be required to report all gifts received as well as participate in annual ethics training. The plan would also require additional disclosure in city campaign finance filings beyond the requirements already set by state law.

Ginther, president of Columbus City Council, faces Franklin County Sheriff Zach Scott in the November election; Scott also has a plan for tightening restrictions on lobbyists and proposing gift rules.

Lobbying

Florida: “Hillsborough to Post Paid Lobbyists’ Visits Online” by Mike Salinero for Tampa Tribune

Pennsylvania: “House Passes Legislation to Increase Lobbying Fines” by Staff for Pennsylvania Business Daily

Campaign Finance

“Experts: John Kasich political ads chart new territory” by Fredreka Schouten for USA Today

New York: “Advance Group Fined $26k by Schneiderman, Campaign Finance Board” by Chris Bragg for Albany Times Union

Pennsylvania: “Allentown Council Passes Anti-Pay-to-Play Bill in Wake of FBI Probe” by Emily Opilo for Allentown Morning Call

Ethics

“Corporations Improve Reporting of Political Activity – with Exceptions” by Dave Levinthal and Cady Zuvich for Center for Public Integrity

Illinois: “Former Chicago Public Schools Chief to Plead Guilty to Bribery Scheme” by Jason Meisner and Juan Perez, Jr. for Chicago Tribune

New York: “Three Cuomo-Tied Hires Spark JCOPE Board Unrest” by Chris Bragg for Albany Times Union

Ohio: “Ginther among Those Being Investigated Over Trip to Big Ten Title Game” by Lucas Sullivan for Columbus Dispatch

Legislative Issues

“House Majority Leader Kevin McCarthy Drops Out of Race for House Speaker” by Mike DeBonis for Washington Post

“Group Tries to Teach Lawmakers How to Talk about Pot” by Evan Halper for Los Angeles Times

California: “California’s High Court Appears Ready to Allow Voters to Weigh in on Citizens United” by Maura Dolan for Los Angeles Times

On November 19, the California Fair Political Practices Commission (FPPC) will consider a proposed regulation concerning the procedures for notification of enforcement complaints. The proposals to be heard at the public hearing will include a revised policy for media and public record inquiries. The FPPC is accepting written comments submitted to the Commission offices no later than 5:00 p.m. on November 17, 2015. The notice for the proposed regulatory changes can be accessed here.

National:

Corporations Improve Reporting of Political Activity – with Exceptions
Center for Public Integrity – Dave Levinthal and Cady Zuvich | Published: 10/8/2015

A new study asserts that most of the nation’s largest corporations are showing “sustained, concrete progress” toward volunteering more information about how they interact with governments, politicians, and campaigns. The study awarded points in 24 categories to companies that, for example, voluntarily disclose contributions to certain nonprofit groups, publish policies that govern political expenditures from its corporate treasury, and reveal money spent to influence state-level ballot initiatives. Such disclosures generally exceed what is required of corporations, such as regularly filing disclosure reports about congressional lobbying activity.

Federal:

Donald Trump’s Candidacy Raises Novel Ethics Questions
USA Today – Fredreka Schouten | Published: 10/6/2015

Experts say federal law would not explicitly prohibit Donald Trump from continuing to run his sprawling gambling, real-estate, and brand-marketing empire if he is elected president. And the conflict-of-interest rules that bar Cabinet secretaries and other high-ranking executive branch officials from overseeing matters that boost their personal bottom lines do not apply to the president. As president, Trump would appoint members to the Federal Reserve Board, which sets interest rates that could affect mortgages on his real estate. His pick for the Interior Department would make decisions affecting Indian tribes with gambling interests that compete with Trump’s casinos. “[Trump] stands out because he’s not just a businessman – he’s the Flo Ziegfeld or the P.T. Barnum of politics. He’s genuinely unique”” said Barbara Perry, director of presidential studies at the University of Virginia’s Miller Center.

Experts: John Kasich political ads chart new territory
USA Today – Fredreka Schouten | Published: 10/7/2015

A television ad promoting Ohio Gov. John Kasich’s presidential campaign opens with images of Islamic State fighters and Russia’s Vladimir Putin, and touts Kasich as the one candidate with the experience to deal with a dangerous world. The video does not come from the Republican’s campaign, however. Instead, it is produced and funded by an outside group that can raise unlimited amounts to back Kasich’s candidacy. And in a test of rules that bar candidates from coordinating with independent groups, Kasich shot footage for this and other ads in concert with the outside group. Kasich’s camp and his allies argue that is permissible because he was not officially a candidate when he taped material for the commercials.

Gallup Gives Up the Horse Race
Politico – Steven Shepard | Published: 10/6/2015

After a bruising 2012 cycle, in which its polls were farther off than most of its competitors, Gallup said it is not planning any polls for the presidential primaries this cycle. And, even following an internal probe into what went wrong last time around, Gallup would not commit to tracking the general election next year. The move comes at a time of unusual tumult in the polling world. Some have expressed concern about the accuracy of polling at a time when fewer people are reachable or willing to talk to pollsters.

House Majority Leader Kevin McCarthy Drops Out of Race for House Speaker
Washington Post – Mike DeBonis | Published: 10/8/2015

U.S. House Majority Leader Kevin McCarthy abruptly took himself out of the race to succeed John Boehner as speaker, apparently undone by the same forces that drove Boehner to resign. McCarthy’s candidacy was damaged when he suggested in an interview that the House committee investigating Benghazi had the political aim of damaging Hillary Clinton’s presidential campaign. He acknowledged his remarks about Benghazi had factored into his decision. McCarthy’s hopes of uniting Republicans took a blow when a close-knit group of roughly 40 hardline conservatives, the House Freedom Caucus, said it would back U.S. Rep. Daniel Webster.

Pithy, Mean and Powerful: How Donald Trump mastered Twitter for 2016
New York Times – Michael Barbaro | Published: 10/5/2015

Donald Trump has mastered Twitter in a way no candidate for president ever has, redefining its power as a tool of political promotion, distraction, and attack – and turning a 140-character task that other candidates farm out to staff members into a centerpiece of his campaign. In the process, he has managed to fulfill a vision sketched out a decade ago by a handful of digital campaign strategists: a White House candidacy that forgoes costly, conventional methods of communication and relies instead on the free and visceral platforms of social media. As Trump enters an uncertain period, even rival campaigns acknowledge Twitter is providing a bulwark against a slide in his poll numbers by allowing millions of supporters to make his case for him and deflect the controversies he touches off.

From the States and Municipalities:

California – More Transparency Coming for Referendums
San Diego Union-Tribune – David Garrick | Published: 10/6/2015

The San Diego City Council approved stricter reporting rules for groups supporting or opposing referendum campaigns. The changes make disclosures regarding referendums and initiatives the same as the city now requires of candidates seeking elective office. The rules will require committees formed to support or oppose an initiative or referendum to file disclosures within 10 days of receiving $100 contributions and within 24 hours of receiving $1,000 contributions. In addition, committees that make independent expenditures to support or oppose an initiative or referendum must file disclosures of all expenditures and funding sources within 24 hours during the signature gathering phase.

Kansas – Lobbyists Spend $500,000 on Food, Drink for Kansas Lawmakers
Wichita Eagle – Bryan Lowry | Published: 10/2/2015

Lobbyists in 2015 spent more than $500,000 entertaining Kansas lawmakers during the longest legislative session in the state’s history. State law prohibits lobbyists from making campaign donations during the session and limits them to spending $100 on gifts for a lawmaker. But unlike some other states, Kansas has no cap on the amount of food and drink a lobbyist can buy a legislator. Data from the state ethics commission give a partial picture of which organizations were most active in lobbying and which lawmakers they focused on during the session. But more than half the spending is not itemized, meaning it is not linked to a specific lawmaker.

Kentucky – Kentucky Lawmakers, Lobbyists May Already Be Violating New State Ethics Laws
Insider Louisville – Jonathan Meador | Published: 10/6/2015

An advisory from the Kentucky Legislative Ethics Commission expressed concern that lawmakers may be directly soliciting campaign contributions from lobbyists, potentially violating new laws specifically prohibiting them from doing so. Commission Executive Director John Schaaf says legislators might be sending fundraising appeals to lobbyists – including dollar amounts required for attendance at fundraisers, and to whom the payment should be made – which may then be passed on to the lobbyists’ employers. This, Schaaf said, likely would constitute a direct solicitation of a contribution.

New Mexico – New Corruption Fine Could Be Applied to Duran Case
Albuquerque Journal – Deborah Baker | Published: 10/5/2015

New Mexico Secretary of State Dianna Duran is facing 65 criminal charges including fraud, embezzlement, and money laundering for allegedly misusing campaign contributions to cover personal spending, including at casinos. Twenty-six of the charges are felonies. Under a 2012 law, if Duran were convicted of a felony, a judge could increase her sentence by imposing a fine “not to exceed the value of the salary and fringe benefits paid to the offender” since the commission of the first felony for which she was convicted. It would be the first time the law has been used against a statewide official, and it is not clear how it would work. It does not use the word “pension,” and it does not technically provide for pension forfeiture. But losing pensions is precisely what legislators had in mind when they passed it.

North Carolina – Advisory Letter Could Permit Bigger Role for Outside Groups in NC Elections
WRAL – Mark Binker | Published: 10/3/2015

An advisory letter from State Board of Elections Director Kim Strach says her agency has no ability to regulate organizations that mail, publish, or broadcast issue ads, which often look like, and for all practical purposes are, campaign ads. Groups that avoid “express advocacy” and do not trip certain thresholds on the election calendar may remain unregulated and are free to exchange certain types of information with candidates. Strach’s letter lays out how policy organizations or groups formed to bolster a particular candidate for governor, such as the Renew North Carolina Foundation that has aired ads featuring Gov. Pat McCrory, may communicate with their favored candidates.

North Carolina – Legislature’s Last-Minute Rush Prompts Criticism
Raleigh News & Observer – Colin Campbell | Published: 10/3/2015

Lack of transparency and time for public input was a common theme in the General Assembly’s final days in Raleigh, with lawmakers using a variety of maneuvers to move proposals that had not previously been made public. Longtime observers of the legislature say unexamined proposals tend to surface in the final days of every session, regardless of which party is in charge. Also drawing criticism was the decision to extend the final session to four a.m., rather than adjourning and finishing the year’s business in daylight hours later. As dawn approached, some lawmakers fell asleep in their seats. Others played music or passed a football to stay awake. And 37 House members and seven Senate members were already gone before the final vote.

Ohio – Redlight Camera Lobbyist Agrees to Plead to Extortion, Releases Statement
Columbus Dispatch – Lucas Sullivan | Published: 10/2/2015

Lobbyist John Raphael agreed to plead guilty extortion for pressuring a traffic-camera company to make more than $70,000 in campaign contributions to officials in Columbus and Cincinnati. He told federal officials he warned Redflex Traffic Systems that it would lose out on contracts with the cities if it did not make the donations. Raphael then made the contributions to the unnamed officials through himself, family members, friends, and business associates. Former Redflex Chief Executive Officer Karen Finley has pleaded guilty to funneling campaign contributions to officials in the two cities between 2005 and 2013. Finley’s plea agreement said contributions intended for Columbus officials were given to the Franklin County Democratic Party and Ohio Democratic Party.

Pennsylvania – House Passes Legislation to Increase Lobbying Fines
Pennsylvania Business Daily; Staff –   | Published: 10/7/2015

The Pennsylvania House passed legislation to increase fines for lobbying violations. House Bill 1348 would increase the maximum penalty from $2,000 to $4,000. It also increases the maximum penalty under current law for negligent failure to report, in varying increments over time. The bill also would require all disclosure filings to be posted on the Department of State’s website within seven days of receipt. It now goes to the state Senate.

Wisconsin – GOP Bills Would Hike Contribution Limits, Split GAB into Two Agencies
Milwaukee Journal Sentinel – Patrick Marley | Published: 10/7/2015

Republican lawmakers formally unveiled a plan to disband the Wisconsin Government Accountability Board (GAB), calling it a well-intentioned experiment that failed. The bill would split the GAB into two separate commissions, one regulating ethics laws and the other covering elections. It would be similar to the system the GAB replaced in 2007. Members would be partisan appointees, evenly split between Republicans and Democrats. GOP lawmakers also introduced a campaign finance bill that would double how much donors can give to candidates. It would also rewrite laws that are out of step with a host of state and federal court rulings that have loosened campaign finance restrictions.

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.

Wisconsin legislators introduced bills Wednesday to double political contribution limits, amend campaign finance rules, and divide the state’s Government Accountability Board. Critics argue the agency split is a bad idea, as it turns over control from nonpartisan judges to partisan appointees.

The specific bill would create two new agencies, the Elections Commission and the Ethics Commission, to oversee laws on ethics, campaign finance, and lobbying. Legislators intend to amend the bill to ensure the six-member commissions are split evenly between Democrats and Republicans.

Both commissions would go into effect June 30, 2016.