October 4, 2016 •
Tuesday Lobbying and Campaign Finance News Update
Campaign Finance Wisconsin: “U.S. Supreme Court Won’t Take Up Walker Case” by Patrick Marley for Milwaukee Journal Sentinel Ethics “Drinks, Dinners, Junkets and Jobs: How the insurance industry courts state commissioners” by Michael Mishak (Center for Public Integrity) for Washington […]
Campaign Finance
Wisconsin: “U.S. Supreme Court Won’t Take Up Walker Case” by Patrick Marley for Milwaukee Journal Sentinel
Ethics
“Drinks, Dinners, Junkets and Jobs: How the insurance industry courts state commissioners” by Michael Mishak (Center for Public Integrity) for Washington Post
California: “Brown Signs Bills to Reform CPUC, Urges Administrative Fixes Too” by Jeff McDonald for San Diego Union-Tribune
District of Columbia: “Ethics Opinion: D.C.’s Vincent Orange didn’t break rules by seeking chamber job” by Fenit Nirappil for Washington Post
New York: “State Attorney General Orders Trump Foundation to Cease Raising Money in New York” by Steve Eder for New York Times
Elections
“How Hillary Clinton Grappled with Bill Clinton’s Infidelity, and His Accusers” by Megan Twohey for New York Times
Ohio: “Ohio, Long a Bellwether, Is Fading on the Electoral Map” by Jonathan Martin for New York Times
Wisconsin: “Federal Judge Orders Investigation into Wisconsin’s Voter ID System” by Matt Zapotosky for Washington Post
Legislative Issues
Hawaii: “Hawaii Candidates Are Getting Flooded with Surveys This Year” by Nathan Eagle for Honolulu Civil Beat
October 3, 2016 •
California Governor Signs Bills Affecting Campaign Finance and Lobbying Rules
Last week, Gov. Jerry Brown approved a series of bills affecting campaign finance and lobbying requirements. Senate Bill 215 will require any entity or person seeking to influence actions taken by the Public Utilities Commission to register as a lobbyist […]
Last week, Gov. Jerry Brown approved a series of bills affecting campaign finance and lobbying requirements.
Senate Bill 215 will require any entity or person seeking to influence actions taken by the Public Utilities Commission to register as a lobbyist under the Political Reform Act of 1974.
Senate Bill 1349 will overhaul Cal-Access, California’s outdated online campaign contribution and lobbying database.
And Senate Bill 1107 establishes citizen-funded elections reforms, enabling the creation of small donor matching programs where candidates who voluntarily opt in and agree to turn down large contributions receive limited public matching funds for each small contribution they secure.
October 3, 2016 •
Monday News Roundup
Lobbying “Evan Bayh’s Shadow Lobbying” by Maggie Severns and Isaac Arnsdorf for Politico Tennessee: “Ex-Lobbyist Paid for Private Plane for Beth Harwell, Karl Dean” by Dave Boucher and Joel Ebert (The Tennessean) for WBIR Campaign Finance “Democrats Rake in Money, […]
Lobbying
“Evan Bayh’s Shadow Lobbying” by Maggie Severns and Isaac Arnsdorf for Politico
Tennessee: “Ex-Lobbyist Paid for Private Plane for Beth Harwell, Karl Dean” by Dave Boucher and Joel Ebert (The Tennessean) for WBIR
Campaign Finance
“Democrats Rake in Money, Thanks to Suit by Republicans” by Nicholas Confessore and Rachel Shorey for New York Times
California: “More California Cities Can Have Publicly Financed Election Campaigns” by Jeremy White for Sacramento Bee
Maine: “Maine Lawmakers Could No Longer Pay Themselves from PACs” by Marina Villeneuve (Associated Press) for Washington Times
Ethics
Alabama: “Roy Moore, Alabama Chief Justice, Suspended Over Gay Marriage Order” by Campbell Robertson for New York Times
California: “Upgrade to Campaign and Lobbying Database Approved” by Samantha Young for Techwire.net
Kentucky: “Political Consultant Is Second to Plead Guilty in State Corruption Probe” by Bill Estep for Lexington Herald-Leader
Nevada: “Political Firm Tied to Corruption Investigation of Las Vegas Councilman Ricki Barlow” by Jeff German for Las Vegas Review-Journal
Elections
“Memo to Obama Aides: Don’t prank Trump or Clinton on your way out” by Elise Viebeck for Washington Post
“How Donald Trump Set Off a Civil War Within the Right-Wing Media” by Robert Draper for New York Times Magazine
“Donald Trump Tax Records Show He Could Have Avoided Taxes for Nearly Two Decades, The Times Found” by David Barstow, Susanne Craig, Russ Buettner, and Megan Twohey for New York Times
September 30, 2016 •
NYCU Video Digest – September 30, 2016
See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!
See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!
September 30, 2016 •
News You Can Use Digest – September 30, 2016
National: Big Business Continues Trend Toward Political Transparency Center for Public Integrity – Dave Levinthal | Published: 9/28/2016 About one-in-10 of the nation’s largest companies volunteer almost no information about their political activity, according to a new study on corporate transparency. […]
National:
Big Business Continues Trend Toward Political Transparency
Center for Public Integrity – Dave Levinthal | Published: 9/28/2016
About one-in-10 of the nation’s largest companies volunteer almost no information about their political activity, according to a new study on corporate transparency. Across 24 categories, the study awards points 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. The authors say there is a trend toward increased corporate political transparency, despite calls from prominent business groups for corporations to not reveal more information than what is legally required of them. But plenty of companies show little interest in revealing more about how they are attempting to influence politics.
For Cuomo and Christie, Parallel Paths to the Top, and Trouble When They Got There
New York Times – Vivian Yee | Published: 9/25/2016
New Jersey Gov. Chris Christie and New York Gov. Andrew Cuomo were once lionized for relentlessly prosecuting bad behavior in government. Cuomo is now reeling after the arrest of one of his closest friends, confidants, and former aides, as well as the arrests of several other close advisers and donors in a bribery scheme, while a former top aide and a former political ally to Christie are on trial over their roles in the scandal that elevated a traffic jam on access lanes leading to the George Washington Bridge into a symbol of political payback. Neither governor is accused of breaking the law. But for two men who once prided themselves on managing spick-and-span administrations, claiming to have been blind to alleged acts of petty revenge and bribery at the highest levels of state government seems bad enough.
Republican Lawmakers Under Fire for Racially Insensitive Comments after Charlotte Unrest
Washington Post – Elise Viebeck | Published: 9/24/2016
Republican lawmakers are under increasing fire for racially insensitive comments after the fatal police shootings of black men sparked unrest in two states. Remarks by U.S. Reps. Robert Pittenger, Tim Huelskamp, and Steve King, along with the GOP nominee for vice president, Mike Pence, underscored to some observers Republicans’ tone-deafness on issues of race in a year of unprecedented attention to police bias against African-Americans. With the November elections barely six weeks away, the responses also seemed a sign of Republicans deepening alienation from black voters. The GOP rhetoric could help mobilize African Americans to oppose Republicans in a year when Hillary Clinton is relying on heavy black turnout to win the White House.
Federal:
D.C. Circuit Decision Limiting Political Ad Disclosure Will Stand
Bloomberg BNA – Kenneth Doyle | Published: 9/28/2016
A federal appellate panel ruling that limits disclosure requirements for groups sponsoring political ads will stand, as the full U.S. Court of Appeals for the District of Columbia Circuit said it will not review the decision. The long-running litigation challenged as too lax current FEC disclosure rules for ‘electioneering communications” – targeted television and radio ads that refer to a federal candidate in the final weeks before an election. The FEC rules in most circumstances do not require disclosure of those funding such ads. A three-judge panel of the District of Columbia Circuit issued a ruling that contended a broader FEC disclosure rule would violate free speech rights. The panel acknowledged previous court decisions supporting disclosure but suggested such rulings conflicted with other precedents giving broad First Amendment protection to political speech.
New Debate Strategy for Donald Trump: Practice, practice, practice
New York Times – Patrick Healy, Ashley Parker, and Maggie Haberman | Published: 9/28/2016
Even as Donald Trump’s advisers publicly backed him after the first presidential debate and praised his performance, they were privately awash in second-guessing about why he stopped attacking Hillary Clinton on trade and character issues and instead grew erratic, impatient, and subdued as the night went on. In interviews, seven campaign aides and advisers to Trump expressed frustration and discouragement over their candidate’s performance. Advisors plan to more rigorously prepare him for the next debate; whether he is open to practicing meticulously is a major concern, however, according to some of these advisers and others close to Trump.
Will ‘Saturday Night Live’ Take Down Trump?
Politico – Shane Goldmacher | Published: 9/29/2016
While Donald Trump and Hillary Clinton argue over who won the first presidential debate, inside 30 Rockefeller Plaza, the winner in the all-important satirical showdown is still being scripted. That is where the cast and crew of “Saturday Night Live” gathered to watch the debate, and it is where they are still sketching out portrayals that will shape how Americans see their presidential candidates. Historically, SNL’s political satire has penetrated the national consciousness. It was Will Ferrell as George W. Bush who coined “strategery,” and it was Tina Fey as Sarah Palin who claimed, “I can see Russia from my house.” The skewering tradition dates all the way back to Chevy Chase’s 1976 portrayal of President Gerald Ford as a klutz. In 2000, Al Gore’s own advisers made him watch Darrell Hammond’s stilted impersonation of his debate performances to show Gore how poorly he was coming off to others.
From the States and Municipalities:
Alabama – Ala. PAC-to-PAC Transfer Ban Upheld by Appeals Court
Montgomery Advertiser – Brian Lyman | Published: 9/28/2016
A federal appeals court upheld Alabama’s ban on money transfers between PACs. The three-judge panel ruled the law did not prevent the Alabama Democratic Conference (ADC), which sued to overturn it, from raising the funds to support its activities. State lawmakers passed the ban in order to restrict donors’ ability to hide contributions by shuffling them through multiple PACs. After the law passed, the ADC created two separate bank accounts, one dealing with independent expenditures and the other for political contributions. Attorneys for the state argued Alabama’s interests were promoting transparency and preventing corruption. The ADC said because it kept its expenditures in separate bank accounts, and because the U.S. Supreme Court’s Citizens United decision said independent expenditures do not create the appearance of corruption, the state had no compelling interest in its accounts tied to campaign expenditures.
California – Ex-LAPD Sergeant Defends Himself Against Ethics Charge Over Controversial Stop of ‘Django Unchained’ Actress
Los Angeles Times – Kate Mather | Published: 9/26/2016
A judge heard arguments over whether a Los Angeles police sergeant violated city ethics rules by leaking a recording of his controversial encounter with actress Daniele Watts to the media. No one questions whether Parker released the recording – he has admitted that in interviews with reporters, at a Police Commission meeting, and again while testifying in court. Instead, the case hinges on whether that recording was confidential and thus, whether Parker violated city rules by making it public. Ethics officials allege he did just that, accusing Parker of unlawfully sharing confidential information without authorization and doing so to “create a private advantage for himself.” Sergio Perez, the Ethics Commission’s director of enforcement, accused Parker of releasing the tape because he faced criticism over the encounter.
Illinois – Donation Lifts Fundraising Caps in Illinois Comptroller Race
State Journal-Register – Sophia Tareen (Associated Press) | Published: 9/26/2016
A $260,000 donation to Illinois Comptroller Leslie Munger’s campaign has lifted the caps on political contributions and guarantees a big-money race between the incumbent and challenger Susana Mendoza. The loan is from Munger’s husband, attorney John Munger. State campaign finance law limits contributions, but it also says if a candidate or family member gives more than $250,000 to his or her own race, the limits come off for all candidates.
Mississippi – Hosemann Launches ‘Searchable’ Campaign Finance Reports
Hattiesburg American – Geoff Pender (Jackson Clarion-Ledger) | Published: 9/27/2016
Mississippi is becoming the last state to allow electronic filing of campaign finance reports, a step toward easier public access to information about who is spending money to influence elections. The National Institute on Money in State Politics says all 49 other states already had either mandatory or voluntary electronic filing of finance reports. The Mississippi secretary of state’s staff has scanned candidates’ paper forms and posted them online for years. But those documents are not searchable and it is burdensome to calculate, for example, how much money a group or person gives to multiple candidates. Secretary of State Delbert Hosemann said he will ask the Legislature to make electronic filing mandatory for statewide and district candidates starting in 2020, after the current four-year term.
New York – Preet Bharara Wields Ax in Albany Corruption Scandal
Albany Times-Union – Chris Bragg and Mathhew Hamilton | Published: 9/22/2016
Federal corruption charges were levied against two former close aides to New York Gov. Andrew Cuomo, a senior state official, and six other people, in a blow to the governor’s innermost circle and a repudiation of the way his prized upstate economic development programs were managed. The charges against the former aides, Joseph Percoco and Todd Howe, and the state official, Alain Kaloyeros, were the culmination of a long-running federal investigation into the Cuomo administration’s efforts to lure jobs and businesses to upstate New York’s limping economy by furnishing billions of dollars in state funds to developers from Buffalo to Albany.
North Carolina – Sen. Fletcher Hartsell Accused of Money Laundering, Mail Fraud and Wire Fraud
Raleigh News & Observer – Anne Blythe | Published: 9/27/2016
North Carolina Sen. Fletcher Hartsell was indicted on multiple counts related to fraudulent campaign fundraising and expenditures. The charges in federal court escalate the legal woes for Hartsell nearly three months after a county grand jury indicted him in state court on allegations he certified three campaign finance documents as correct, while knowing they were not. The federal indictment alleges he spent campaign money on a trip to South Carolina with his wife’s choir, on haircuts, tickets to the musical “Jersey Boys,” his granddaughter’s birthday party, and getting his driver’s license renewed, among other things.
Rhode Island – Councilman’s Proposal to Reform Providence Lobbying Ordinance Hits Roadblock
WPRI – Dan McGowan | Published: 9/26/2016
Providence Councilperson Sam Zurier wants to amend the city’s existing lobbying ordinance to force members of what he considers “financially active” organizations to register as lobbyists, a plan he acknowledges is designed to force members of the Providence Apartment Association to wear badges in City Hall and file quarterly reports with the clerk’s office. But several members of the Ordinance Committee said they are concerned the proposal would deter other community groups from participating in city government, even though the policy focuses on organizations whose members make campaign contributions to the mayor or city council.
Tennessee – Voucher Advocate Hosted Tennessee Lawmakers at Seaside Condo
The Tennessean – Joel Ebert and Dave Boucher | Published: 9/26/2016
In 2014, five state legislators went on an undisclosed vacation with Mark Gill, one of the leaders of the pro-voucher Tennessee Federation for Children. In 2016, all five lawmakers who went to Gill’s condominium co-sponsored legislation to allow vouchers in Tennessee. As Gill is not a registered lobbyist, he is legally allowed to host in this manner due to a loophole in the law. House Speaker Beth Harwell said such trips need to be disclosed, but she is likely to face pushback from legislators like Rep. Andy Holt, who attended the event, “There’s a time and a place for transparency, but my rights as a U.S. citizen didn’t end when I became a lawmaker,” said Holt.
Virginia – In Virginia’s Capital, a Political ‘Bad Boy’ Upends Race for Mayor
Washingtpn Post – Paul Schwartzman | Published: 9/28/2016
Everyone in Richmond knows about Joe Morrissey Myrna Watson, as do many across Virginia, having read salacious stories three years ago about the then-55-year-old state lawmaker who went to jail for cavorting with his 17-year-old receptionist. Warren is now Morrissey’s wife, and she has become a centerpiece of his unlikely quest to become Richmond’s next mayor. Morrissey’s career includes more than a few headline-grabbing stories, including an eight-year disbarment that prevented him from practicing law until 2011, two fistfights that resulted in jail time, and brandishing an unloaded AK-47 during a gun debate in the House of Delegates. Yet polls show Morrissey with an imposing lead over six opponents. One candidate dropped out recently, citing concern that the size of the field would split the vote and ensure Morrissey’s victory.
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.
September 29, 2016 •
Reno Set to Pass Lobbying Law
On September 28, the Reno, Nevada, City Council moved one step closer to creating a lobbying law for the city. The council unanimously agreed to put the proposed ordinance over to October 12 for a second reading and adoption. The […]
On September 28, the Reno, Nevada, City Council moved one step closer to creating a lobbying law for the city. The council unanimously agreed to put the proposed ordinance over to October 12 for a second reading and adoption.
The “Registration and Regulation of Lobbyists” ordinance would require lobbyists to register with the city clerk, to inform the city of their clients, and to wear lobbyist badges when in city hall. The ordinance also includes civil and criminal penalties.
If passed, the code change will take effect on January 1, 2017.
September 29, 2016 •
Thursday News Roundup
Lobbying EU: “Lobbying to Face Greater Scrutiny in European Commission Proposals” by Jennnifer Rankin for The Guardian Campaign Finance “Democratic Convention Committee Obliterated Fundraising Goal” by Carrie Levine for Center for Public Integrity “D.C. Circuit Decision Limiting Political Ad Disclosure […]
Lobbying
EU: “Lobbying to Face Greater Scrutiny in European Commission Proposals” by Jennnifer Rankin for The Guardian
Campaign Finance
“Democratic Convention Committee Obliterated Fundraising Goal” by Carrie Levine for Center for Public Integrity
“D.C. Circuit Decision Limiting Political Ad Disclosure Will Stand” by Kenneth Doyle for Bloomberg BNA
Alabama: “Ala. PAC-to-PAC Transfer Ban Upheld by Appeals Court” by Brian Lyman for Montgomery Advertiser
Mississippi: “Hosemann Launches ‘Searchable’ Campaign Finance Reports” by Geoff Pender (Jackson Clarion-Ledger) for Hattiesburg American
North Carolina: “Sen. Fletcher Hartsell Accused of Money Laundering, Mail Fraud and Wire Fraud” by Anne Blythe for Raleigh News & Observer
Ethics
New York: “JCOPE Chief: Staff to pay ‘closer attention’ to disclosures in wake of scandal” by Chris Bragg for Albany Times-Union
Elections
“New Debate Strategy for Donald Trump: Practice, practice, practice” by Patrick Healy, Ashley Parker, and Maggie Haberman for New York Times
Virginia: “In Virginia’s Capital, a Political ‘Bad Boy’ Upends Race for Mayor” by Paul Schwartzman for Washington Post
September 28, 2016 •
Wednesday Government Relations News
Lobbying Rhode Island: “Councilman’s Proposal to Reform Providence Lobbying Ordinance Hits Roadblock” by Dan McGowan for WPRI Campaign Finance Delaware: “Judge: Christine O’Donnell violated campaign finance laws” by Randall Chase (Associated Press) for Philadelphia Inquirer Illinois: “Donation Lifts Fundraising Caps […]
Lobbying
Rhode Island: “Councilman’s Proposal to Reform Providence Lobbying Ordinance Hits Roadblock” by Dan McGowan for WPRI
Campaign Finance
Delaware: “Judge: Christine O’Donnell violated campaign finance laws” by Randall Chase (Associated Press) for Philadelphia Inquirer
Illinois: “Donation Lifts Fundraising Caps in Illinois Comptroller Race” by Sophia Tareen (Associated Press) for State Journal-Register
Washington: “Ferguson: ‘Shoddy’ accounting, ‘improper disclosure’ by Eyman” by Joel Connelly for Seattle Post-Intelligencer
Ethics
“Trump Directed $2.3 Million Owed to Him to His Tax-Exempt Foundation Instead” by David Fahrenthold for Washington Post
“2008 Crisis Deepened the Ties Between Clintons and Goldman Sachs” by Nicholas Confessore and Susanne Craig for New York Times
California: “Ex-LAPD Sergeant Defends Himself Against Ethics Charge Over Controversial Stop of ‘Django Unchained’ Actress” by Kate Mather for Los Angeles Times
California: “State Auditor Calls for CPUC Reforms” by Jeff McDonald for San Diego Union-Tribune
New York: “Physicist in Albany Corruption Case Was a Geek with Big Goals” by Vivian Yee for New York Times
September 27, 2016 •
Tuesday Lobbying and Campaign Finance News Update
Lobbying Florida: “Homestead Developer Off the Hook for Accepting Illegal Contingency Fee” by Monique Madan for Miami Herald Tennessee: “Voucher Advocate Hosted Tennessee Lawmakers at Seaside Condo” by Joel Ebert and Dave Boucher for The Tennessean Campaign Finance New York: […]
Lobbying
Florida: “Homestead Developer Off the Hook for Accepting Illegal Contingency Fee” by Monique Madan for Miami Herald
Tennessee: “Voucher Advocate Hosted Tennessee Lawmakers at Seaside Condo” by Joel Ebert and Dave Boucher for The Tennessean
Campaign Finance
New York: “City Council Drafting Bills to Regulate Political Nonprofits Like Campaign for One New York” by Samar Khurshid for Gotham Gazette
Ethics
“For Cuomo and Christie, Parallel Paths to the Top, and Trouble When They Got There” by Vivian Yee for New York Times
“Sunlight Foundation Scales Down, May Merge” by Josh Gerstein for Politico
Colorado: “Denver Ethics Chairman Resigns, Cites Potential Conflict” by Jon Murray for Denver Post
Indiana: “Ethics Office Reflects Shift for Indiana Lawmakers” by Niki Kelly for Ft. Wayne Journal-Gazette
Maryland: “Del. Dan Morhaim Faces Ethics Probe Inquiry Over Dual Medical Marijuana Roles” by Fenit Nirappil for Washington Post
New York: “Preet Bharara Wields Ax in Albany Corruption Scandal” by Chris Bragg and Mathhew Hamilton for Albany Times-Union
Rhode Island: “Approval of Question 2 Would Restore Ethics Panel Oversight of R.I. Assembly” by Alisha Pina for Providence Journal
Elections
“Trump vs. Clinton: Her jabs put him on the defensive in first debate” by Philip Rucker and Anne Gearan for Washington Post
September 26, 2016 •
Changes to Austin, Texas, Lobbying Law Effective June 1, 2017
On September 22, an ordinance revising the lobbying law for the city of Austin, Texas, was approved by the City Council. The new law repeals and replaces Chapter 4-8 of the city’s code relating to the regulation of lobbyists. The […]
On September 22, an ordinance revising the lobbying law for the city of Austin, Texas, was approved by the City Council.
The new law repeals and replaces Chapter 4-8 of the city’s code relating to the regulation of lobbyists.
The ordinance, which was to have taken take effect on January 1, 2017, was amended before passing and will now take effect on June 1, 2017.
September 26, 2016 •
Monday News Roundup
Campaign Finance “Former Ohio Lawmaker’s Case Shows Flaws in Campaign Finance Law Enforcement” by Deirdre Shesgreen for USA Today California: “Political Watchdog Launches Probe into California Democratic Party over Jerry Brown Donations” by Taryn Luna for Sacramento Bee Missouri: “Candidates […]
Campaign Finance
“Former Ohio Lawmaker’s Case Shows Flaws in Campaign Finance Law Enforcement” by Deirdre Shesgreen for USA Today
California: “Political Watchdog Launches Probe into California Democratic Party over Jerry Brown Donations” by Taryn Luna for Sacramento Bee
Missouri: “Candidates and Donated Campaign Cars – Practical or Unethical?” by Jason Hancock for Kansas City Star
Washington: “Labor Council to Pay $16,000 for Alleged Public-Disclosure Violations” by Joseph O’Sullivan for Seattle Times
Ethics
New York: “Ex-Cuomo Aides Charged in Federal Corruption Inquiry” by Benjamin Weiser, William Rashbaum, and Vivian Yee for New York Times
Texas: “Analysis: ‘Smitty,’ a Texas lobbyist for the small fry, retiring after 31 years” by Ross Ramsey for Texas Tribune
Elections
“Republican Lawmakers Under Fire for Racially Insensitive Comments after Charlotte Unrest” by Elise Viebeck for Washington Post
Ohio: “Federal Appeals Court Rules against Ohio Voter-Roll Purges” by Sean Sullivan and Sari Horwitz for Washington Post
September 23, 2016 •
NYCU Video Digest – September 23, 2016
See what’s happening in government relations this week with our Video Digest. Enjoy!
See what’s happening in government relations this week with our Video Digest. Enjoy!
September 23, 2016 •
News You Can Use Digest – September 23, 2016
National: Gaming the Six-Week Election Day Bloomberg.com – Sasha Issenberg and Steven Yaccino | Published: 9/19/2016 By the constitutionally mandated first Tuesday after a Monday in November, more than one-third of Americans will have already voted for president. There are still […]
National:
Gaming the Six-Week Election Day
Bloomberg.com – Sasha Issenberg and Steven Yaccino | Published: 9/19/2016
By the constitutionally mandated first Tuesday after a Monday in November, more than one-third of Americans will have already voted for president. There are still battleground states that make no provision for early voting, but in those that do it has created a new kind of electoral arms race. Early voting is a particular gift to well-organized, well-funded campaigns, which can extend their turnout operations as long as six weeks, locking down precise factions of the electorate in domino-like fashion, and sequence their persuasion efforts with a clear view of who has yet to vote.
Some Republicans Acknowledge Leveraging Voter ID Laws for Political Gain
New York Times – Michael Wines | Published: 9/16/2016
There has been a wave of voter ID laws enacted in the last six years, mostly by Republican-controlled Legislatures whose leaders claimed that cheating at the ballot box is a routine occurrence. Yet academic studies and election-law experts broadly agree that voter fraud is not a widespread problem in American elections. Rather, they say, it is a widespread political tactic used either to create doubt about an election’s validity or to keep one’s opponents – in most cases, Democratic voters – from casting ballots. In unguarded moments, some Republican supporters of the laws have been inclined to agree.
Federal:
Court Rules against FEC in Ad Case
The Hill – Jonathan Swan | Published: 9/19/2016
A federal judge ruled the FEC must revisit whether two nonprofits’ anti-Obamacare ads were meant to influence an election, which would require the groups to disclose their backers. The judge said the FEC misinterpreted the First Amendment when it dismissed a progressive group’s complaints. Federal law requires groups to register as political committees and reveal their donors when their “major purpose” is to nominate or elect candidates. But if their major purpose is to promote “social welfare” or to educate voters on issues, they are allowed to keep their donors’ identities hidden. “This should be of concern to organizations which have been very politically active while failing to report as a political committee, relying on the FEC’s refusal to enforce the law,” said former FEC general counsel Larry Noble.
Nonprofit Seeks to Crowdfund Lobbying
The Hill – Megan Wilson | Published: 9/15/2016
A new nonprofit aims to crowdfund lobbying campaigns in order to give people a voice on K Street. Lobbyists 4 Good founder Billy DeLancey, who has worked in public affairs in both government and the private sector, said he will primarily use small-dollar donations to retain high-powered lobbyists who work on public interest issues. The idea has been in development since earlier this year, and DeLancey has already developed a working relationship with well-known law and lobby firms such as K&L Gates.
Trump Used $258,000 from His Charity to Settle Legal Problems
Washington Post – David Fahrenthold | Published: 9/20/2016
Donald Trump reportedly used $258,000 from his charitable foundation to settle lawsuits involving his for-profit businesses, potentially violating laws against nonprofit leaders using charity dollars to benefit themselves or their companies. Trump also allegedly spent $5,000 from the foundation to buy advertisements for his hotel chain and $10,000 to purchase a portrait of himself at a charity fundraiser. He had previously used $20,000 in foundation dollars to buy a different portrait of himself. If the IRS were to find Trump violated self-dealing rules, it could require him to pay a penalty taxes or reimburse the foundation.
Why Campaign Finance Laws Probably Won’t Stop Hannity and Lewandowski from Helping Trump
Washington Post – Callum Borchers | Published: 9/21/2016
Sean Hannity is one of Donald Trump’s biggest media boosters, and his aid for Trump’s presidential bid does not end with promotional on-air commentary. Hannity acknowledged he is an informal adviser to the campaign, and he appeared in a recent Trump ad. Fox News said Hannity appeared without the network’s knowledge and will not do so again. After his advisory role was reported, an FEC complaint alleged that “Mr. Hannity may be using Fox News Channel resources to offer the Trump campaign ‘suggestions on strategy and messaging,’ which would be in violation of the federal prohibition on corporate campaign contributions.” It highlights a question raised repeatedly in the 2016 election by media observers: at what point do the activities of media professionals cross the line to become illegal, in-kind corporate contributions?
From the States and Municipalities:
California – Changes Coming to San Diego Ethics Commission
San Diego Union-Tribune – David Garrick | Published: 9/20/2016
San Diego will make some changes to the city’s Ethics Commission based on recent recommendations by a grand jury, but rejected some of the panel’s key suggestions. Changes approved by the city council include a new name – the City of San Diego Fair Political Practices Commission – to more accurately reflect the agency’s duties. The council also agreed to guarantee the commission’s ongoing existence by making it part of the City Charter, which will require a public vote probably in 2018.
California – State Agency Under Fire for Pressuring Open-Government Groups It Regulates to Change Position on Legislation
Los Angeles Times – Patrick McGreevy | Published: 9/20/2016
Backers of legislation that would have increased transparency on the funding of political ads criticized the California Fair Political Practices Commission (FPPC) for heavy-handed tactics they said included pushing groups the agency has the power to investigate to drop their support for the bill. Assembly Bill 700, which died near the end of the legislative session, would have required political committees that pay for print, radio, and television ads on candidates and ballot measures to clearly identify the top financial contributors to the campaigns. The FPPC objected to late amendments it felt affected its ability to prevent donors from secretly funneling money to a campaign in amounts higher than legal limits.
Florida – Campaign-Finance Rules Won’t Be on Miami-Dade Ballot
Miami Herald – Douglas Hanks | Published: 9/20/2016
The petition drive to get new campaign finance rules before Miami-Dade voters in November officially ended when an appeals court formally overruled a judge who had ordered the package on the ballot. In reality, the legal fight ended a few days earlier when the Third District Court of Appeal declined to lift a freeze on the judge’s order, allowing Miami-Dade’s deadline for printing the ballots to pass without including the item. County commissioners had already voted against sending the measure to voters, saying the union-backed proposal had too many legal flaws to be considered. The initiative would have banned county vendors, their lobbyists, and relatives from giving to candidates for county office and lowered the contribution limit from $1,000 to $250.
Iowa – Ron Paul Aides Avoid Jail Time in Endorsement Scheme
Des Moines Register – Grant Rodgers | Published: 9/20/2016
Two top aides to former U.S. Rep. Ron Paul’s 2012 presidential bid were sentenced to probation and home confinement rather than prison for their roles in a scheme to cover up campaign payments to a former Iowa senator who agreed to endorse Paul. Although prosecutors were seeking more than two years in federal prison, Jesse Benton and John Tate were sentenced to two years’ probation and six months of home confinement, along with community service and a $10,000 fine. They were accused of conspiring to cause false campaign contribution reports to be filed with the FEC. The men have argued they broke no laws when they paid a video production company, which passed on $73,000 to former state Sen. Kent Sorenson. He dropped support for Michele Bachmann and endorsed Paul six days before the 2012 Iowa caucuses.
Missouri – Campaign Contributions Limit Amendment to Appear on Missouri Ballot
Kansas City Star – Jason Hancock | Published: 9/19/2016
A Missouri initiative to reinstate campaign contribution limits cleared its final legal hurdle to appear on the November ballot. The state Supreme Court turned down a request to hear a challenge of the proposed constitutional amendment. The proposal known as Constitutional Amendment 2 would limit contributions to candidates to $2,600 per election and cap donations to political parties at $25,000. Missouri’s previous limits were repealed in 2008. Since then, some donors routinely have given five- and six-figure checks.
New Jersey – U.S. Says for First Time That Christie Knew of Bridge Plot
Bloomberg.com – David Voreacos and Elise Young | Published: 9/19/2016
A federal prosecutor told jurors a witness will testify that New Jersey Gov. Chris Christie was told about a plan to close traffic lanes near the George Washington Bridge as the shutdown was happening, a claim he has contested for years. The trial comes three years after gridlock paralyzed a town next to the busy bridge connecting New Jersey to New York City for four days. Prosecutors said Bill Baroni and Bridget Kelly had sought political revenge against Fort Lee Mayor Mark Sokolich. Baroni was a top Christie appointee to Port Authority of New York and New Jersey. Kelly was Christie’s former chief of staff. They face counts of wire fraud, conspiracy, deprivation of civil rights, and misusing an organization receiving federal funds. Christie has denied knowing about the scheme and was not charged in the federal investigation.
Texas – Texas Ag Commissioner Sid Miller Admits to Getting ‘Jesus Shot’ but Avoids Criminal Charges
Dallas Morning News – Lauren McGaughy | Published: 9/20/2016
Texas Agriculture Commissioner Sid Miller will not face criminal charges for using taxpayer money on trips in which he competed in a rodeo and got a medical injection known as “The Jesus Shot.” The Travis County district attorney’s office decided not to prosecute Miller for abuse of power after he agreed to refund an additional $498 to the state. The decision frees him from legal trouble over the trips to Oklahoma and Mississippi in February 2015. On at least two occasions, Miller’s office withheld records about the Oklahoma trip. State law prohibits officeholders from withholding public records and from using state money or campaign funds for travel that primarily is personal in nature.
Wisconsin – An Inside Look at How Politicians Beg for Big Checks
Washington Post – Matea Gold | Published: 9/20/2016
Documents produced as part of a now-halted probe into suspected illegal campaign coordination in Wisconsin reveal in stark terms how the chase for big money by politicians has largely become a frantic pursuit of billionaires and corporate executives. Emails written in 2011 and 2012, when Gov. Scott Walker was raising funds to combat his attempted recall and that of a group of Republican state senators, expose how Walker played a leading role in securing big checks, making personal pleas to rich conservatives across the country. Among the donors Walker personally hit up was Donald Trump, who signed a check for $15,000 the day the governor visited him in April 2012.
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September 22, 2016 •
First Reports Under California’s New Lobbyist Reporting Requirements Due October 31
The first reports under the Fair Political Practices Commission’s new amended reporting requirements for “other payments to influence legislative or administrative action” are due October 31. The third quarter report covers the period of July 1 to September 30, 2016. […]
The first reports under the Fair Political Practices Commission’s new amended reporting requirements for “other payments to influence legislative or administrative action” are due October 31.
The third quarter report covers the period of July 1 to September 30, 2016.
Lobbyist employers and persons spending $5,000 or more to influence legislative or administrative action will need to itemize “other payments to influence legislative or administrative action” using the new Form 640.
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