April 12, 2019 •
News You Can Use Digest – April 11, 2019
National: You Elected Them to Write New Laws. They’re Letting Corporations Do It Instead. USA Today – Rob O’Dell (Arizona Republic) and Mark Penzenstadler | Published: 4/4/2019 A two-year investigation reveals for the first time the extent to which special […]
National:
You Elected Them to Write New Laws. They’re Letting Corporations Do It Instead.
USA Today – Rob O’Dell (Arizona Republic) and Mark Penzenstadler | Published: 4/4/2019
A two-year investigation reveals for the first time the extent to which special interests have infiltrated state Legislatures using model legislation. USA Today and The Arizona Republic found at least 10,000 bills almost entirely copied from model legislation were introduced nationwide in the past eight years, and more than 2,100 of those bills were signed into law. In all, these copycat bills amount to?the nation’s largest, unreported special-interest campaign, driving agendas in every statehouse and touching nearly every area of public policy. For lawmakers, copying model legislation is an easy way to get fully formed bills to put their names on, while building relationships with lobbyists and other potential campaign donors.
Federal:
Courts Have No Say When FEC Wants to Ignore Alleged Wrongdoing
Bloomberg Government – Kenneth Doyle | Published: 4/5/2019
A decision by two federal judges is making it impossible to challenge the way the FEC enforces campaign laws. When the agency deadlocks along party lines, that is now the end of the line, no court can second-guess letting an accused wrongdoer off the hook. Judicial review was eliminated last June by a panel of the U.S. Court of Appeals for the District of Columbia Circuit. Critics of that ruling have waited for the better part of year to find out if they would be allowed to argue before the full court on reversing that precedent. Many FEC enforcement complaints have been dismissed on party-line votes, with Democrats voting to pursue action and Republicans opposed.
Democrats Are Cozying Up to Corporate Lobbyists Despite Purity Pledges
Politico – Theodoric Meyer | Published: 4/8/2019
Some Democratic lawmakers who have promised to steer clear of campaign donations from corporate PACs are allowing the same corporations’ lobbyists to write them personal checks, and in some cases even host fundraisers for them. Democrats on K Street are frustrated by what they view as arbitrary restrictions on which kinds of money lawmakers will take and which kinds are forbidden, according to interviews. Democrats’ rush to reject corporate PAC money falls heaviest on in-house Democratic lobbyists for big corporations. Some of those lobbyists have found it harder to mingle with House Democrats when they cannot attend fundraisers by writing a corporate PAC check to get in the door.
Scant Staffing Means Few Monitoring Whether Lobbyists Obey Law
Bloomberg Government – Megan Wilson | Published: 4/9/2019
In 2016, enforcement of the Lobbying Disclosure Act (LDA) was handled by six part-time Justice Department lawyers and one full-time paralegal. Two years later, that work was being done by a much smaller staff: one part-time lawyer, one full-time paralegal, and one part-time paralegal. There has not been an enforcement action for an LDA violation in four years, and since the law was enacted in 1995, there have been a total of nine civil enforcement actions. For firms that want to stay on the right side of the law, “the lack of lawyers in the office has complicated matters when there are tricky legal issues to be resolved,” said Caleb Burns, a partner at Wiley Rein.
From the States and Municipalities:
Alabama: Ward: Bill allowing lobbyist gifts to lobbyists ‘dead’ in his committee
Montgomery Advertiser – Brian Lyman | Published: 4/10/2019
The Alabama Senate Judiciary Committee delayed a vote on a proposed bill that critics say would represent a major step back from ethics laws passed in 2010. The legislation’s sponsor, Sen. Greg Albritton, argued Senate Bill 230 would provide clarity by providing better definitions, explicit lines of enforcement and punishments for transgressions, and disclosures of gifts from lobbyists to officials. But the bill would lift any limits on what lobbyists could give to officials, provided they do not do so with corrupt intent. It also curtails the Alabama Ethics Commission’s ability to refer complaints to the attorney general’s office. “This bill is dead in my committee as far as I am concerned,” Judiciary Committee Chairperson Cam Ward wrote in a text.
California: To Block California Soda Taxes, Companies Paid for ‘Black Panther’ Tickets, Fancy Dinners
Los Angeles Times – Samantha Young (California Healthline) | Published: 4/7/2019
Dinners at an expensive restaurant in Maui, with ocean views. Tickets to professional sports games. A free screening of “Black Panther” at a Sacramento IMAX theater. And a $250,000 donation to a group that funds the governor’s travel. That is a sampling of the $11.8 million that soft drink companies and their lobbyists spent at the state and local levels in the past two years in California to block proposals such as taxing sugary beverages and imposing health warnings on their drinks, an analysis found. The beverage industry, like other interest groups, spends money to influence lawmakers in several ways. It makes financial contributions to their campaigns and lobbies them and their staffs, sometimes plying them with meals, events, and travel. It also donates to charities in lawmakers’ names.
Georgia: Georgia Ethics Chief to Issue Subpoenas in Investigation of Abrams Gubernatorial Campaign
The Hill – Zach Budryk | Published: 4/11/2019
David Emadi, the new executive secretary of the Georgia Government Transparency & Campaign Finance Commission, will subpoena bank records from 2018 Democratic gubernatorial candidate Stacey Abrams’ campaign. Emadi said he will also soon make a decision on whether to charge campaigns of Atlanta mayoral candidates for campaign finance fraud. Emadi replaced Stefan Ritter, who was accused of watching pornography at work and telling staff not to pursue potential campaign finance violations by candidates for city and statewide office. Ritter resigned in February.
Michigan: Mayor Mike Duggan Set Her Up to Succeed. That Raises Questions.
Detroit Free Press – Joe Guillen and Kat Stafford | Published: 4/4/2019
A charitable program run by a woman with close ties to Detroit Mayor Mike Duggan received $358,000 in city grants and benefited from a fundraising campaign that a top city official spearheaded at the mayor’s direction. An email request shows Duggan ordered the city’s chief development officer to raise money for Make Your Date, which is a nonprofit medical organization where Dr. Sonia Hassan serves as president and director. Hassan was seen last year arriving after hours at the same suburban residence as Duggan in a surveillance video taken by a private investigator. The city’s financial support, attempted fundraising campaign, and Duggan’s repeated promotion of Make Your Date raises ethics questions about whether the mayor used city resources to benefit Hassan’s program.
Mississippi: Other States Ban Gifts to Lawmakers. Why Doesn’t Mississippi?
Jackson Clarion-Ledger – Luke Ramseth and Geoff Pender | Published: 4/9/2019
There are no restrictions on gifts from lobbyists to Mississippi lawmakers. A newspaper’s investigation found the state’s public universities alone spent hundreds of thousands of dollars on gifts for public officials from 2015 to 2018, including more than $200,000 in free sports tickets. In the 1990s, the Legislature passed a bill that required lobbyists and their clients to regularly report expenditures to the secretary of state. The reporting requirements caused lobbyists to “reign in” their spending some, said former legislator John Reeves, but it remains hard to tell if reporting now is honest and accurate. It not clear whether anyone in state government keeps a close eye on the lobbyist reports. Some contain errors, and most provide only vague details about what gifts were purchased.
Missouri: Appeals Court Upholds Joyce Ruling – Corporations Can Create PACs, but Not Donate Directly to Them
Jefferson City News Tribune – Bob Watson | Published: 4/10/2019
Missouri corporations may not make direct contributions to their own PACs, a three-judge panel of the state’s Western District appeals court ruled. The decision upheld a similar ruling by Cole County Presiding Circuit Court Judge Pat Joyce in the Missouri Chamber of Commerce and Industry’s lawsuit against the state Ethics Commission. That lawsuit challenged the commission’s interpretation of voters’ intent, after more than two-thirds of the people who voted in November 2016 added the “Missouri Campaign Contribution Reform Initiative” to the state constitution.
New Hampshire: In Votes at N.H. State House, Lawmakers’ Personal and Public Interests Often Overlap
New Hampshire Public Radio – Casey McDermott | Published: 4/9/2019
New Hampshire lawmakers are paid $100 a year, so it is no surprise that many of them rely on other sources of income to get by. As a result, state lawmakers end up dealing with all kinds of proposals that can directly impact their family finances, the taxes they pay, the companies where they work, or the boards on which they serve. In policing these potential conflicts of interest, New Hampshire’s ethics rules tend to favor disclosure over recusal – which means that, with few exemptions, lawmakers are allowed to vote on or even sponsor legislation that has a clear benefit to their personal interests.
New York: To Get Trump’s Tax Returns, N.Y. Democrats Try a New Strategy
MSN – Jesse McKinley (New York Times) | Published: 4/8/2019
New York lawmakers introduced legislation that would make President Trump’s state income tax returns public, the latest step in a battle over details Trump has refused to release. Backers see the bill as an alternative way to Trump’s tax records, even if the president’s allies manage to stonewall efforts in the U.S. House to get his federal returns. A tax return from New York, the president’s home state and the headquarters of his business empire, could likely contain much of the same financial information as a federal return. Under the bill, the commissioner of the New York Department of Taxation and Finance would be permitted to release any state tax return requested by leaders of three congressional committees for any “specific and legitimate legislative purpose.”
Rhode Island: Rhode Island Reaches Lobbying Disclosure Agreement with Mastercard
Pensions and Investments – Hazel Bradford | Published: 4/4/2019
Mastercard Inc. reached a shareholder agreement with Rhode Island Treasurer Seth Magaziner to increase its disclosure of corporate lobbying expenses. Inadequate lobbying disclosure by publicly traded companies presents reputational risks, Magaziner said, particularly in recent cases where large companies have upset customers, investors, and other stakeholders by supporting controversial causes. Mastercard will publish an annual list of its lobbying priorities and amounts spent on lobbying and an annual list of U.S.-based trade associations receiving $25,000. It will also disclose the percentage of those payments used for lobbying and ask the trade associations for that information.
Washington: A Washington State Senator Praised the Cambodian Government Last Year. Then It Gave Him a $500,000 Lobbying Contract.
Seattle Times – Jim Brunner and Joseph O’Sullivan | Published: 4/5/2019
A company created by Washington Sen. Doug Ericksen landed a $500,000 lobbying contract from the Cambodian government he praised last year during a controversial visit as an election observer. Ericksen registered as a foreign agent for Cambodia in a recent filing with the U.S. Justice Department, along with former state Rep. Jay Rodne. Ericksen said his arrangement is “100 percent legal,” noting state legislators serve part time and are expected to have outside jobs. He also disputed characterizations of the deal as a lobbying contract, saying he is acting as a consultant. Neither Ericksen nor Rodne disclosed their ownership of PacRim Bridges in 2018 statements filed with the state Public Disclosure Commission. Ericksen said they did not have to list the business because he was not yet making money from it.
Wyoming: Wyoming’s Campaign Finance Reforms Leave Several Holes for Dark Money Influence
Casper Star Tribune – Nick Reynolds | Published: 4/5/2019
Campaign finance experts say the reforms passed by the Wyoming Legislature this year leave a number of gaps that could potentially be exploited by so-called dark money groups in the 2020 elections. While sponsors acknowledged Senate File 18 was not a perfect bill, it does make a number of changes to a system that, in the 2018 cycle, was exploited by multiple PACs of often mysterious origins. Some of these fixes include improving the reporting of late political activity, requiring PACs formed outside of Wyoming to disclose their activity, and defining “electioneering communications.”
March 29, 2019 •
News You Can Use Digest – March 29, 2019
Federal: Barr’s Declaration on Trump Puts Justice Dept. Back in Political Crucible MSN – Charlie Savage, Mark Mazzetti, and Katie Benner (New York Times) | Published: 3/25/2019 Attorney General William Barr’s decision to declare that evidence fell short of proving […]
Federal:
Barr’s Declaration on Trump Puts Justice Dept. Back in Political Crucible
MSN – Charlie Savage, Mark Mazzetti, and Katie Benner (New York Times) | Published: 3/25/2019
Attorney General William Barr’s decision to declare that evidence fell short of proving President Trump illegally obstructed the Russia inquiry was an extraordinary outcome to a narrative that spanned nearly two years. Robert Mueller was appointed as special counsel to remove the threat of political interference from an investigation involving the president, but he reached no conclusion on the key question of whether Trump committed an obstruction-of-justice offense. Barr stepped in to make the determination, bringing the specter of politics back into the case. Senior Justice Department officials defended his decision as prudent and within his purview, but it reignited a debate about the role of American law enforcement in politically charged federal investigations.
‘No PAC Money’ Pledges Leave Corporations in a Partisan Bind
Roll Call – Kate Ackley | Published: 3/21/2019
It is not just the number of members of Congress pledging not to accept money from PACs for corporations and trade groups (more than 50 so far) that is a problem, but their party affiliation – almost entirely Democratic. If the trend spreads into the 2020 campaign cycle, it could put companies and associations in a bind. Many of the top PACs connected to businesses and trade associations maintain roughly balanced giving ratios and some of them have enshrined such practices. “Most PACs pride themselves on being bipartisan and supporting candidates who are understanding of their issues, so they can engage in a policy conversation. There’s a real fear of just losing that balanced approach,” said Kristin Brackemyre of the Public Affairs Council.
From the States and Municipalities:
California: A State Lawmaker Borrowed Nearly a Half-Million Dollars to Buy a Home. You Might Have Voted for Her Lender.
CALmatters – Matt Levin | Published: 3/26/2019
To buy a house, a state legislator received a $430,000 personal loan from a former member of Congress from Orange County, an arrangement that some legal experts labeled unusual, but that both politicians said was not improper. State Assemblyperson Sharon Quirk-Silva borrowed the sum from former U.S. Rep. Loretta Sanchez, an unsuccessful 2016 U.S. Senate candidate, in the fall of 2017. Quirk-Silva and her husband repaid Sanchez with interest. While California law bans state and local elected officials from borrowing money from each other, nothing appears to prohibit the arrangement Quirk-Silva struck with Sanchez, who did not hold elected office at the time. In late 2018, Sanchez would announce her candidacy for a seat on the Orange County Board of Supervisors, going on to lose.
Colorado: Lawmakers Take Aim at Disclosure Loopholes in Colorado Lobbying Laws
Colorado Sun – Sandra Fish | Published: 3/25/2019
Colorado lawmakers have introduced a measure to eliminate loopholes in lobbying laws and require more disclosure to the public, part of an effort to address long-standing concerns about transparency. House Bill 1248 would require more frequent reporting by lobbyists what bills they were hired to follow, and the position taken by their clients. Lobbyists would need to file any changes in their positions on legislation within 48 hours during the session. Now, those updates are required only once a month. The legislation also aims to close loopholes that some lobbyists appear to use to avoid reporting income from clients.
Connecticut: Jon Lender: Lobbyists pay $13,000 in fines connected to tech schools controversy
Hartford Courant – Jon Lender | Published: 3/22/2019
The Office of State Ethics collected $13,000 in fines from the lobbying and consulting firm Kozak & Salina and one of its owners. The firm had a contract with the Connecticut Technical High School System (CTHSS) from 2014 to 2016 to provide “external relations and strategic consulting services,” and a similar contract for 2015 with the lighting fixture company Penn Globe. Kozak & Salina relayed communications between Penn Globe and CTHSS and charged both for the same services. So, when the lobbying firm submitted invoices to the state to obtain payment, it was getting paid twice, said Carol Carson, executive director of the ethics office. In addition to a $10,000 fine against his firm, David Kozak paid $3,000 for failing to file required registration and disclosure statements about his work for Penn Globe.
District of Columbia: As D.C. Leaders Tout Reforms, Latest Ethics Scandal Evokes City’s History of Corruption
Washington Post – Paul Schwartzman | Published: 3/23/2019
District of Columbia Councilperson Jack Evans admitted he violated the council’s code of conduct when he repeatedly used his government email account to offer potential clients the benefit of his political connections and the influence he amassed as a lawmaker and chairperson of the Washington Metropolitan Area Transit Authority. Civic groups chided the council as being too lenient when it reprimanded Evans rather than strip him of powerful committee posts. Reform activist Bryan Weaver said Evans’ actions, and the council’s response, evoke the worst aspects of the city’s history of official misconduct, one that has triggered periodic crises engulfing mayors, council members, government appointees, and employees.
Florida: ‘As American as Apple Pie’: How Miami commissioner’s aunt became a high-priced lobbyist
Miami Herald – David Smiley and Joey Flechas | Published: 3/26/2019
Some companies have chosen not to hire Barbara Hardemon as a lobbyist due to concerns about the perception of undue influence as she is the aunt of Miami City Commissioner Keon Hardemon. But in the years since his 2013 election, the commissioner’s aunt has emerged as a closer for some of Miami’s biggest businesses. Barbara Hardemon’s lobbying shop is allowed under state and local laws, which prohibit elected officials and their immediate family from profiting personally off the contracts they oversee but say nothing about their extended family. Her lucrative rise from occasional City Hall lobbyist to 11th-hour power broker has blurred the lines between negotiations and nepotism.
Florida: Ethics Board Aims to Put Teeth in Code, Seeks Greater Oversight of Tallahassee City Hall
Tallahassee Democrat – Jeff Burlew | Published: 3/23/2019
The Tallahassee Independent Ethics Board is finalizing proposals that could expand its oversight of City Hall and strengthen an ethics code that has long been seen as weak and toothless. The board currently has jurisdiction over only nine people. But proposed changes would extend its jurisdiction to cover all employees who work in procurement or are required by state law to file financial disclosures. The proposals include giving the board the power to issue subpoenas and take sworn testimony, a ban on all gifts no matter their value, and higher fines for lobbyists who try to influence city officials without registering and disclosing their clients.
Iowa: Iowa Treasurers End Scholarships Amid Ethics Law Inquiries
AP News – Ryan Foley | Published: 3/27/2019
County treasurers in Iowa canceled a scholarship program that benefited their relatives and employees amid criticism the vendor-funded awards were illegal gifts under state ethics law. The program consisted of four, $500 scholarships that were awarded each year to the college-bound children and grandchildren of county treasurers and their staffs. The money came from two companies that do extensive business with treasurers: GovTech Services, which runs the website that 88 counties use to collect property and motor vehicle taxes, and SRI Inc., which operates tax auctions for dozens of counties. Since the program’s inception, critics have worried the scholarships violated the gift law, which bars public employees and their immediate relatives from accepting money from contractors.
Maryland: Maryland House of Delegates Votes Unanimously to Reprimand Jalisi Over ‘Abusive’ Treatment of His Staff
Baltimore Sun – Luke Broadwater | Published: 3/27/2019
The Maryland House voted unanimously to publicly reprimand Del. Jay Jalisi for “an ongoing pattern of bullying and abusive workplace behavior.” The delegates voted after receiving a report outlining the investigation from the Joint Committee on Legislative Ethics that alleged Jalisi forced his staff to work overtime without pay, bullied others, got kicked out of a hotel, and made a staffer stand in the delegate’s office and repeat: “I am incompetent. I am incompetent.” This is not the first time Jalisi’s actions have been scrutinized. In 2015, a Baltimore County judge issued a protective order barring Jalisi from contact with his then-teenage daughter.
Massachusetts: House Proposal for Caucus Funding Left Out of Budget Bill – but Caucuses May Still Fundraise
MassLive.com – Shira Schoenberg | Published: 3/25/2019
A controversial Massachusetts House proposal to let caucuses raise private money did not make it into the final version of a budget bill. But House leaders say that under their internal rules, caucuses will still be able to raise private money as long as they comply with ethics rules, which bar lobbyists from giving and require any gift of over $50 to be approved by House counsel to avoid conflicts-of-interest. When the House passed its rules in January, members approved a rule that would let caucuses raise money from public or private sources. But some advocates for open government worried this could create a legislative “slush fund” where special interests with business before the Legislature could donate to lawmakers with no transparency.
New Jersey: Dark Money Disclosure Bill Advanced to Gov. Phil Murphy’s Desk
Burlington County Times – David Levinsky | Published: 3/26/2019
Legislation to require so-called dark money groups operating in New Jersey to reveal their donors was sent to Gov. Phil Murphy. The bill has undergone several changes after being approved by the Senate, but it would still mandate the disclosure of donors who give more than $10,000 to nonprofit 501(c)4 groups that are not currently subject to disclosure requirements if they engage in political activities, lobbying, or campaigning. It would also mandate the disclosure of expenses of more than $3,000 and would also boost contribution limits to state and county political committees. Those groups are already subject to strict reporting requirements but have been usurped by “dark-money” groups in recent years.
Pennsylvania: GOP Legislator Prays to Jesus for Forgiveness Before State’s First Muslim Woman Swears In
MSN – Reis Thebault (Washington Post) | Published: 3/26/2019
Movita Johnson-Harrell brought 55 guests to her swearing in as the Pennsylvania Legislature’s first Muslim woman. Thirty-two of them were Muslim. She later for the General Assembly to censure State Rep. Stephanie Borowicz, who delivered the opening prayer to begin the legislative session day. By the time she said “Amen,” Borowicz had invoked Jesus 13 times. She mentioned “Lord” and “God” another six times each and referenced “The Great I Am” and “the one who’s coming back again, the one who came, died, and rose again on the third day.” As the prayer reached a crescendo, at least one member shouted objections. Afterward, the protests only grew louder.
West Virginia: Governor Signs Bills Raising Campaign Contribution Limits, Cutting Coal Tax
Beckley Register-Herald – Erin Beck | Published: 3/27/2019
West Virginia Gov. Jim Justice signed into law a bill that increases the limits on campaign contributions by individuals. Senate Bill 622 increases the limits to $2,800 for candidates, $5,000 for PACs, and up to $10,000 per year for party committees. Current limits for each category are set at $1,000. Julie Archer of the West Virginia Citizen Action Group said bill does nothing about “dark money.” She said Democrats attempted to amend the bill at least twice to require disclosures by donors that “funnel” money through groups.
Wisconsin: Judge Bocks GOP Lame-Duck Laws Limiting Tony Evers’ Powers; Evers Seeks to Remove Wisconsin from Obamacare Challenge
madison.com – Mark Sommerhauser | Published: 3/21/2019
A judge blocked several actions by Wisconsin’s Republican-controlled Legislature to limit the power of its incoming governor, Democrat Tony Evers, and preserve policies implemented by his predecessor, Scott Walker. The Legislature acted in what is known as an “extraordinary session,” called with little notice. It lasted two days and one night and sparked heated protests. The three bills enacted during the sessions were extraordinary in breadth. One of them gave the Legislature powers usually and exclusively reserved for the attorney general, such as approving legal actions by the state. At the time of the session, Assembly Speaker Robin Vos stated its purpose plainly: “We are going to have a very liberal governor who is going to enact policies that are in direct contrast to what many of us believe in,” Vos said.
March 22, 2019 •
News You Can Use Digest – March 22, 2019
National: AT&T Peels Off Layer of Political Spending Secrecy – Thanks to Pushy Investors and the Michael Cohen Fiasco Dallas News – David Saleh Rauf | Published: 3/20/2019 AT&T is bowing to activist shareholders calling for more transparency about the […]
National:
AT&T Peels Off Layer of Political Spending Secrecy – Thanks to Pushy Investors and the Michael Cohen Fiasco
Dallas News – David Saleh Rauf | Published: 3/20/2019
AT&T is bowing to activist shareholders calling for more transparency about the company’s political spending, agreeing to disclose millions of dollars in previously untraceable contributions after last year’s embarrassment over payments to President Trump’s former lawyer, Michael Cohen. For the first time, AT&T is divulging some contributions to outside groups that keep their donors secret, providing a fuller, if still incomplete, picture of the company’s vast spending on state and federal politics. A new report released by AT&T details payments totaling about $4.2 million to industry groups and think tanks that was used for lobbying during a portion of last year.
Federal:
Analysis: Devin Nunes is suing Twitter and a satirical cow over mean tweets. Does he have a case?
MSN – Deanna Paul (Washington Post) | Published: 3/20/2019
U.S. Rep. Devin Nunes filed a lawsuit claiming Twitter, two parody Twitter accounts, and a Republican political consultant violated the First Amendment and defamed him. In addition to $250 million in damages, Nunes is demanding Twitter disclose the identities behind the anonymous accounts that have caused him suffering, according to the suit: “Devin Nunes’ Mom” and “Devin Nunes’ Cow.” The suit, filed in state court, alleged violations of Virginia’s law against insults. It also brought claims against Twitter for conspiracy and negligence. Nunes has been ridiculed for the suit, and the case has been labeled by most experts as doomed to fail. But others believe there is more to the lawsuit than any desire by Nunes to create a spectacle. According to First Amendment attorney Floyd Abrams, the speech involved is protected for several reasons.
Former Spa Owner and Frequent Mar-a-Lago Guest Sparks Concerns About ‘Porous’ Environment at President’s Club
MSN – Michelle Ye Hee Lee, Emily Rauhala, Lori Rozsa, and Josh Dawsey (Washington Post) | Published: 3/15/2019
Li “Cindy” Yang’s activities at President Trump’s Mar-a-Lago resort have attracted attention after a spa she once owned was the target of a sex-trafficking sting involving the owner of the New England Patriots. Scrutiny has also centered on a company Yang ran offering foreign visitors access to the president and other GOP officials. Experts in Chinese influence say groups to which Yang has been tied have links to Communist Party’s efforts to spread influence in the West. Yang has not been accused of any wrongdoing, but because she attended so many events at Mar-a-Lago and had such ready access to high-ranking U.S. officials, it has renewed questions about security at the resort and about who can gain the ear of the president for the price of a ticket to an event.
Lobbying Case Against Democrat with Ties to Manafort Reaches Key Stage
MSN – Kenneth Vogel and Katie Benner (New York Times) | Published: 3/18/2019
A federal investigation into a former White House counsel in the Obama administration is reaching a critical stage, presenting the Justice Department with a decision about whether to charge a prominent Democrat as part of a more aggressive crackdown on illegal foreign lobbying. The case involving Gregory Craig was transferred in January from federal prosecutors in New York to those in Washington. The move reflects an eagerness within the department to prosecute violations of lobbying laws after special counsel Robert Mueller focused on foreign influence in his investigations. The probe centers on whether Craig should have disclosed work he did in 2012 while he was a partner at Skadden, Arps, Slate, Meagher & Flom on behalf of the Russia-aligned government of Viktor Yanukovych, then the president of Ukraine.
From the States and Municipalities:
California: California Is Awash in Cannabis Cash, Which Some Use to Bribe Public Officials
MSN – Patrick McGreevy (Los Angeles Times) | Published: 3/17/2019
In the more than two years since California voters approved the licensed growing and sale of recreational marijuana, the state has seen a half-dozen government corruption cases as black-market operators try to game the system, through bribery and other means. Proposition 64, approved in 2016, allowed the state to license businesses to grow and sell pot but required the firms to also get approval from the cities and counties, most of which have outlawed marijuana operations. Experts say that local resistance explains why many of the corruption allegations center on illegal attempts to buy help from city and county officials.
California: Donors to D.A. Jackie Lacey Included a Murder Suspect’s Parents and a Convicted Felon
Los Angeles Times – Matt Hamilton and Harriet Myers | Published: 3/18/2019
Los Angeles County District Attorney Jackie Lacey collected more than $125,000 in campaign contributions last year despite not holding any public fundraising events. Many giving to Lacey are longtime donors to local politicians, but others include people accused of serious crimes or misconduct, or relatives and associates of the accused. Among Lacey’s donors were the parents of a man awaiting trial for murder, a felon convicted of trying to smuggle missile parts to Iran, and a used car dealer previously sanctioned for an illegal campaign contribution. Campaign donations to prosecutors have come under national scrutiny in recent years. Experts said a district attorney is well advised to have a system in place to vet every donor.
District of Columbia: D.C. Council Votes to Reprimand Jack Evans Over Ethics Issues
Washington Post – Fenit Nirappil | Published: 3/19/2019
The District of Columbia Council reprimanded its longest serving member, Jack Evans, and announced plans to dilute the power of his committee after he repeatedly used his government staff and email to solicit business from law firms that lobby the city, offering to tap his influence and connections to help their clients. The unanimous vote comes as the veteran lawmaker is the target of a federal investigation into his business dealings and faces the threat of a recall election. The reprimand says Evans violated council rules but does not address the ties between Evans and private companies that are part of a federal probe. Multiple lawmakers say they want to reserve judgement on that until the federal investigation wraps up.
Indiana: Complaint Could Cost Attorney General Curtis Hill His Law License – and Elected Position
Indianapolis Star – Tony Cook, Ryan Martin, and Kaitlin Lange | Published: 3/19/2019
Indiana Attorney General Curtis Hill could lose his law license and his elected position after a little-known state body revived allegations that Hill inappropriately touched four women at an Indianapolis bar last year. The state Supreme Court’s Disciplinary Commission filed a complaint against Hill that says he engaged in acts of battery or sexual battery against the women. In doing so, the commission says, Hill broke the Indiana Rules of Professional Conduct. The accusations are administrative in nature and are not considered criminal charges. Hill, who has denied wrongdoing, will have the opportunity to defend himself and ultimately the state Supreme Court would decide Hill’s fate. Discipline, if any, could range from public reprimand to disbarment. Disbarment would amount to a worst-case scenario for Hill because the law requires the state attorney general to hold a law license.
Kentucky: Former Lobbyist to Pay $15,000 Ethics Fine. He Was Already Convicted in Bribery Case.
Lexington Herald Leader – Bill Estep | Published: 3/18/2019
The Kentucky Executive Branch Ethics Commission fined ex-lobbyist Jim Sullivan and one of his former clients for multiple lobbying violations. Sullivan agreed to pay $15,000 for failing to register from 2005 through 2014 and setting up a deal to represent a company with his pay contingent on an agency making a decision for his client. The commission also announced a $50,000 penalty against Cannon Cochran Management Services, an insurance provider. Sullivan lobbied for the firm. The company did not contest 14 counts of violating the ethics code, some for not registering after hiring an individual to lobby. Sullivan was convicted of giving a $1,000 bribe to Tim Longmeyer, the former head of the Personnel Cabinet, to get state work for company called MC Squared.
Kentucky: Kentucky Legislature Passes Bill Stripping Grimes of Authority Over State Board of Elections
ProPublica – Jessica Huseman | Published: 3/15/2019
The Kentucky Legislature passed a bill that strips Secretary of State Alison Lundergan Grimes of her authority over the State Board of Elections (SBE), restructures the board, and makes misusing the voter registration system a misdemeanor crime. The bill takes multiple steps to scale back the level of control Grimes has asserted over the SBE in recent years, including removing the secretary of state as the chairperson of the board. New reports detailed the secretary of state’s use of the voter registration system to look up information on political rivals, as well as the range of misconduct allegations against Grimes being explored by state investigators. Records confirmed that staff in her office had looked up those named in the reports by ProPublica and The Lexington Herald-Leader, including members of a state ethics agency currently investigating Grimes’ conduct.
Maryland: Baltimore Mayor Pugh Didn’t Disclose Seat on Maryland Medical System Board, as Required on City Ethics Forms
Baltimore Sun – Doug Donovan and Luke Broadwater | Published: 3/14/2019
Baltimore Mayor Catherine Pugh has not reported on disclosure forms filed with the city’s ethics office that she sits on the board of directors for the University of Maryland Medical System, according to a review of records. Instructions on the form tell public officials to report any “office, directorship, salaried employment, or similar position with any business entity that was doing business with the city.” Also, the University of Maryland Medical System did not disclose on its federal tax form for the year ending June 30, 2017, that it had entered into a contract with Pugh to buy 20,000 copies of her book, “Healthy Holly: Exercising is Fun,” the form shows. Ethics officials confirmed Pugh should have disclosed the position. To avoid action against her by the city ethics board, she would need to file an amended form.
Missouri: Voters Approved Clean Missouri, but Lawmakers Want Them to Reconsider
Columbia Missourian – Galen Barcharier | Published: 3/19/2019
Last November, 62 percent of voters approved Amendment 1, the “Clean Missouri” proposal that included measures to limit the power of lobbyists, reduce campaign contributions, and create a new redistricting process. Now, lawmakers are moving to change or completely roll back parts of the ballot measure, with a focus on redistricting. Five resolutions were proposed between the House and the Senate, all of which relate to changing or repealing the redistricting measures enacted from Amendment 1, as well as lobbying and open records measures. All of them propose new constitutional amendments, which would send the issue back to voters to decide. Supporters of Amendment 1 issued a statement in response to the resolutions’ filing, condemning them and asserting the decision of the voters should remain in place.
Nevada: Municipal Election Voters Blind to Campaign Donors
Las Vegas Revierw-Journal – Shea Johnson | Published: 3/13/2019
A glitch in a two-year-old bill meant to strengthen campaign finance reporting has actually weakened transparency in eight Nevada cities, an investigation found, ensuring voters in Las Vegas and elsewhere will be blind to political donors when casting a ballot this spring. That is because reporting deadlines that formerly required reports linked to elections now require candidates to file quarterly. Instead of disclosing contributions and expenses 21 days and four days before an election, candidates now only need to submit paperwork 15 days after a quarter concludes. The first reporting period of 2019 is April 15, which is 13 days after the April 2 primary election.
New Mexico: Legislature Seals Deal on Independent Ethics Commission
New Mexico In Depth – Trip Jennings | Published: 3/16/2019
With just hours left in the session, New Mexico lawmakers reached agreement on legislation that would outline how a new voter-approved state ethics commission would operate. Lawmakers passed the legislation this session after seventy five percent of voters approved adding an independent ethics panel with subpoena power to the state constitution. The bill establishes a commission that would oversee public officials, including state lawmakers, state employees, and constitutionally elected officials like the governor. The seven-member commission could fine officials if they are found to have violated civil provisions of several state laws. People who file complaints would have to in the presence of a notary public attesting to the truth of their allegations under penalty of perjury.
New York: 9 Fund-Raisers in 1 Night: Democrats vow reform in N.Y., but money still flows
New York Times – J. David Goodman | Published: 3/20/2019
State officials have long talked about the need to revamp New York’s campaign finance laws and limit the influence of lobbyists, but little has changed. A bill has been introduced repeatedly for nearly two decades to ban fundraisers in Albany when the Legislature is in session, but it has gone nowhere. In at least 29 states, it is against the law for lobbyists or principals to make campaign contributions while the state Legislature is in session. The goal is to avoid what is commonplace in New York: elected officials spend their day meeting with lobbyists to discuss pending legislation, and then spend their night collecting checks from many of the same people. Yet that two-step is part of the culture in Albany, especially in the weeks before a new state budget is officially ironed out, when opportunities to win influence are abundant.
March 8, 2019 •
News You Can Use Digest – March 8, 2019
Federal: Justice Department Taps Mueller Prosecutor to Enforce Foreign Lobbying Disclosure Reuters – Karen Freifeld and Suzanne Barlyn | Published: 3/6/2019 Assistant U.S. Attorney Brandon Van Grack was chosen to lead a team at the Justice Department that will make […]
Federal:
Justice Department Taps Mueller Prosecutor to Enforce Foreign Lobbying Disclosure
Reuters – Karen Freifeld and Suzanne Barlyn | Published: 3/6/2019
Assistant U.S. Attorney Brandon Van Grack was chosen to lead a team at the Justice Department that will make sure the Foreign Agent Registration Act (FARA), which requires disclosure of lobbying on behalf of foreign interests, is more aggressively enforced. One focal point may be Russia, which U.S. intelligence agencies say waged a disinformation campaign to sway the 2016 presidential election for Donald Trump. Assistant Attorney General John Demers also warned that law firms should take FARA registration seriously, citing the example of Skadden, Arps, Slate, Meagher & Flom, which agreed to pay $4.6 million and admitted it should have registered for a report aimed at discrediting a former Ukrainian prime minister.
From the States and Municipalities:
Connecticut: Election Officials: State contractor ban on political donations applies to marijuana producers, but not dispensaries
Hartford Courant – Neil Vigdor | Published: 3/7/2019
The State Elections Enforcement Commission ruled that a prohibition on campaign donations from state contractors extends to marijuana producers – but not dispensaries – because the value of licensing agreements they have with the state exceed $50,000. Medical marijuana has been legal in Connecticut since 2012. In anticipation of the legislative debate over recreational marijuana, the industry asked for guidance from last year about whether political contributions to legislators and statewide office holders comply with Connecticut’s 2005 clean elections law. A ban on state contractor contributions is a hallmark of the program.
District of Columbia: D.C. Council Member Jack Evans’ Use of Government Office for Personal Gain Inappropriate, Chair Says
Washington Post – Steve Thompson and Peter Jamison | Published: 3/4/2019
District of Columbia Council Chairperson Phil Mendelson said council member Jack Evans acted inappropriately when he emailed business proposals to potential employers and offered them his influence and connections as an elected official. Evans faces growing scrutiny after The Washington Post reported he sent solicitations on his government email to law firms that lobby city government, offering his contacts and sway as the council’s longest serving lawmaker and as chair of the Washington Metropolitan Area Transit Authority. The authority’s board of directors directed its ethics officer to investigate Evans. The Post reported a federal grand jury has also been investigating Evans and issued a subpoena to officials for documents related to legislation that Evans promoted in 2016 that would have benefited a digital sign company.
Kentucky: Kentucky Secretary of State Staff Searched Voting Records for Investigators and Rivals, Records Show
ProPublica – Daniel Desrochers (Lexington Herald Leader) and Jessica Huseman | Published: 3/6/2019
Kentucky officials released records that show employees in the secretary of state’s office used the voter registration system to look up political rivals, state investigators, and a range of political operatives. It is not clear in many instances why Secretary of State Alison Lundergan Grimes’ office was looking up people and their personal information such as political affiliation, and some Social Security numbers but it has led critics to conclude her office abused its access to the system to gain information about her political opponents and those involved in multiple investigations of her conduct while in office. Grimes had maintained her office had done no inappropriate searches.
Louisiana: Entergy Fined $5M, Can Move Forward with New Power Plant
Louisiana Weekly – Michael Issac Stein (The Lens) | Published: 3/4/2019
The New Orleans City Council approved a new Entergy power plant in city limits while imposing a $5 million fine against the company for using paid actors to influence its decision during the approval process. The council concluded Entergy “knew or should have known” that one if its subcontractors was paying people to fill seats and speak in favor of the project at public hearings. Entergy agreeing to the fine was contingent on the council not revoking its prior approval of the plant. Critics of the vote noted most council members have either worked for Entergy or received campaign donations from their PAC. Councilperson Cyndi Nguyen’s non-profit received at least $27,625 from Entergy. Councilperson Jay Banks revealed he once worked for the company as a government relations consultant.
Maryland: Maryland Delegate Says She Won’t Resign after House Censures Her for ‘Racist and Hateful Slur’
MSN – Luke Broadwater and Pamela Wood (Baltimore Sun) | Published: 2/28/2019
The House of Delegates censured Del. Mary Ann Lisanti for her use of a racial slur, which members said, “brought dishonor to the entire General Assembly of Maryland.” After the vote, Lisanti said she would not resign, despite calls for her to do so. She also said she did not believe she had used an offensive term to describe African-Americans, although she acknowledged earlier in the week that she had done so. Lisanti came under fire after it was reported she used the racial slur during an after-hours gathering in January at an Annapolis bar. Lisanti told a fellow lawmaker that when he helped a candidate in Prince George’s County, he was knocking on doors in a “n—– district,” according to the report.
Nevada: Nevada Senate Majority Leader Kelvin Atkinson Resigns
Las Vegas Review-Journal – Colton Lochhead and Bill Dentzer | Published: 3/5/2019
Nevada Senate Majority Leader Kelvin Atkinson resigned after admitting to using campaign funds for personal use and said he will plead guilty to federal charges. Sen. Nicole Cannizzaro was elected by Senate Democrats as the new leader of the majority. Cannizzaro becomes the first woman to serve as Senate majority leader in the state’s history. Details of the investigation, including how much money was misappropriated and what exactly Atkinson used the money for, remain unclear. Atkinson’s resignation marks the first time a lawmaker has left mid-session since 2013. But it is far from the first time a state lawmaker has recently found themselves on the wrong side of campaign finance laws.
New Hampshire: GOP Lawmakers in N.H. Wore Pearls While Gun Violence Victims Testified. Activists Were Outraged.
Boston Globe – Reis Thebault (Washington Post) | Published: 3/5/2019
Republican members of the New Hampshire House are drawing scrutiny for wearing pearl necklaces while activists with Moms Demand Action for Gun Sense in America shared their experiences with gun violence at a recent hearing on a bill that would make it easier to take weapons away from potentially dangerous people. Critics who posted the images on social media said the implication was clear: the politicians thought gun-control activists were “clutching their pearls” in overwrought and self-righteous outrage – and, specifically, female outrage. Some pro-gun advocates argued the legislators’ intent was to represent opposition to the bill. Kimberly Morin, president of the Women’s Defense League of New Hampshire, said opponents of gun control measures have been wearing pearls at gun-related hearings since 2016.
New Mexico: Former Public Servants Lobby Ex-Colleagues
Albuquerque Journal – Dan McKay | Published: 2/28/2019
Former Rep. Debbie Rodella Rodella is one of a few former officials who were public servants during the last legislative session and lobbyists this year, including Keith Gardner, the chief of staff under then-Gov. Susana Martinez. Also making the immediate transition are former Reps. Bealquin Gomez and Jim Smith. New Mexico law does not prohibit ex-lawmakers from lobbying once their terms end. Some legislators have tried repeatedly to change that, with proposals to impose a one- or two-year waiting period. Senate Majority Leader Peter Wirth said a “cooling-off” period would be appropriate. “It just doesn’t feel right to immediately be in a position where you’re coming back to your colleagues, who you were an equal with, and the next day you’re lobbying them on behalf of a client,” said Wirth.
North Carolina: Why a Judge Ruled That the Entire North Carolina Legislature Is Illegitimate
Governing – Alan Greenblatt | Published: 2/27/2019
Wake County Superior Court Judge G. Bryan Collins struck down two constitutional amendments that had been approved by North Carolina voters in November. One regarded voter ID requirements and the other a cap on state income taxes. The amendments had been placed on the ballot by the Republican-controlled Legislature. Collins ruled the lawmakers had no standing to approve constitutional amendments because they were elected using maps that federal courts, up to the U.S. Supreme Court, found to be unconstitutional racial gerrymanders. “An illegally constituted General Assembly does not represent the people of North Carolina and is therefore not empowered to pass legislation that would amend the state’s constitution,” Collins wrote.
Oregon: Lawmakers Come and Go, but the Lobby Remains a Powerful Constant in Oregon Legislature
Portland Tribune – Claire Withycombe, Aubrey Wieber, and Paris Achen | Published: 3/1/2019
Interest groups in Oregon spent $12 million more on lobbying in 2017 than they did a decade earlier. That spending is only part of the cost of doing business in Salem. Donating to campaigns and other political operations is routine – interest groups sank $25 million into last year’s state elections. Now that the legislative session is underway, the focus is on trying to shape the laws and spending that will affect every Oregonian. The lobbyists return year after year, some decade after decade. In contrast, some legislators last only one term. “In a Legislature that has extremely high turnover, there are different institutional forces that have impact on the outcomes of legislation … but the one constant in Salem is gonna be the lobby,” said state Rep. Dan Rayfield.
Oregon: Oregon Legislature Reaches $1.3M Settlement Over Sexual Harassment
Portland Oregonian – Hillary Borrud | Published: 3/5/2019
Oregon legislative leaders announced they have signed a $1.3 million settlement with state labor regulators and nine women who experienced sexual harassment at the Capitol. The women will receive $1.1 million and the Legislature will pay the Bureau of Labor and Industries $200,000 to cover the agency’s legal costs. As part of the deal, the women agreed not to pursue legal action against the Legislature and other named defendants. For its part, the Legislature agreed to implement a list of reforms to make the Capitol a safer place to work, including adopting a definition of harassment with specific examples and using an independent lawyer to handle any discrimination and harassment complaints until it creates a new Equity Office.
South Carolina: SC Politicians, Lobbyists and More 0we $2.4M in Ethics Fines, But Many Will Never Pay
The State – Lucas Deprile | Published: 3/6/2019
There are 337 candidates, political parties, and lobbyists who owe the South Carolina Ethics Commission a total of $2.4 million in fines, many of which will likely never be collected. More than half of those who owed fines eight years ago still have not paid them, even though many large penalties have been reduced. The law says those who fail to file the appropriate forms must pay $10 per report every day after they are notified that they owe money. But after 10 days, that increases to $100 per missing report per day. The maximum fine is capped at $5,000, but until 2011, there was no ceiling to how much someone would owe.
West Virginia: Poster Linking Rep. Ilhan Omar to 9/11 Sparks Outrage at West Virginia Capitol
Los Angeles Times – Eli Rosenberg (Washington Post) | Published: 3/2/2019
The chairperson of the West Virginia Republican Party said the GOP does not condone an anti-Muslim poster displayed at the Capitol during a Republican event that linked U.S. Rep. Ilhan Omar to the September 11 terrorist attacks. The poster featured a picture of planes flying into the World Trade Center with the phrase “never forget, you said” and then under it, a picture of Omar with the words “I am proof you have forgotten.” Del. Michael Angelucci said he heard Sergeant at Arms Anne Lieberman, the chamber’s principal law enforcement official, call all Muslims terrorists. Lieberman disputed that accusation yet submitted a resignation letter. Del. Mike Caputo admitted to kicking open the chamber doors out of anger, an act that reportedly injured a doorkeeper.
March 1, 2019 •
News You Can Use – March 1, 2019
Federal: Cohen Tells Congress Trump Knew About WikiLeaks’ Plans, Directed Hush-Money Payments MSN – Matt Zapotosky, Rosalind Helderman, Karoun Demirjian, and Rachael Bade (Washington Post) | Published: 2/27/2019 Michael Cohen, President Trump’s longtime lawyer and fixer, laid out for Congress […]
Federal:
Cohen Tells Congress Trump Knew About WikiLeaks’ Plans, Directed Hush-Money Payments
MSN – Matt Zapotosky, Rosalind Helderman, Karoun Demirjian, and Rachael Bade (Washington Post) | Published: 2/27/2019
Michael Cohen, President Trump’s longtime lawyer and fixer, laid out for Congress for the first time a series of deceptions by the president. He charged that Trump lied to the public about business interests in Russia, lied to reporters about stolen Democratic emails, and told Cohen to lie about hush payments to cover up sexual misconduct. The accusations, aired at a daylong hearing before the House Oversight and Reform Committee, exposed a dark underside of Trump’s business and political worlds in the voice of one of the ultimate insiders. Perhaps no close associate has turned on a president in front of Congress in such dramatic fashion and with such high stakes since John Dean testified against President Richard Nixon during the Watergate scandal.
From the States and Municipalities:
Arkansas: Arkansas Grapples with Ethics Cleanup Amid Federal Probes
4029tv – Andrew DeMillo (Associated Press) | Published: 2/24/2019
A flurry of corruption cases in the past two years has been eye-popping, even for the most jaded veterans of Arkansas politics. Among those who have been charged are a nephew of the current governor, a champion of campaign finance reform, and a top county official who admitted to taking bribes funneled through the church where he was a pastor. The recent cases have stirred fears the Capitol is becoming better known as a hotbed of corruption than for any policy achievements, and legislative leaders are scrambling to repair that image and find ways of deterring future misdeeds.
California: The Political Playbook of a Bankrupt California Utility
MSN – Thomas Fuller and Ivan Penn (New York Times) | Published: 2/23/2019
Despite evidence Pacific Gas & Electric (PG&E) was responsible for repeated safety violations and involved in deadly wildfires, lawmakers in California continued to benefit from political donations from the company. Investigators are now determining whether PG&E equipment was responsible for the state’s deadliest wildfire, the inferno in and around Paradise that killed 85 people and destroyed more than 13,000 homes. With the state’s tech giants focused on their influence in Washington, D.C., perhaps no company in California is more entangled with local Democratic politics than PG&E, which in January filed for bankruptcy. PG&E’s restructuring will test whether Gov. Gavin Newsom and other Democratic leaders can push to create a company free from what critics say has been a culture of cronyism between regulators and the regulated.
Florida: The SWAT Team Showed Up at a Florida Mayor’s Door. Then He Started Shooting, Police Say.
Washington Post – Reis Thebault and Eli Rosenberg | Published: 2/21/2019
The mayor of a small Gulf Coast town in Florida was arrested after shooting at a SWAT team that had come to arrest him on charges of illegally practicing medicine. Dale Glen Massad, mayor of Port Richey, a town of around 2,600 north of Tampa, fired two shots at officers who raided his home in the early hours of the morning. The Florida Department of Law Enforcement was investigating Massad, a former doctor who gave up his license in 1992, after being tipped off that Massad was still practicing medicine. No officers were injured and Massad was arrested without further incident. He is charged with two counts of attempted homicide, according to the complaint.
Georgia: Nine Lawyers in Running to Head State Ethics Commission
Yahoo Finance – R. Robin McDonald (Law.com) | Published: 2/28/2019
Nine lawyers are in contention to become the new head of Georgia’s ethics commission, which has moved to replace former Executive Secretary Stefan Ritter. He resigned following an internal investigation, which stemmed from the discovery of hundreds of pornographic images on his state-issued computer. Complaints also accused Ritter of squelching ethics inquiries of several Atlanta mayoral candidates and possible campaign violations by a gubernatorial campaign. Finalists for the job include Robert Lane, deputy executive secretary of the Government Transparency and Campaign Finance Commission, and Michael Sullivan, director of the Massachusetts Office of Campaign and Political Finance.
Illinois: At Chicago City Hall, the Legislative Branch Rarely Does Much Legislating
ProPublica – Mick Dumke | Published: 2/25/2019
From 2011 through 2018, Chicago Ald. Pat Dowell was the chief sponsor of more than 900 separate ordinances in the city council, most of them pertaining to such hyperlocal issues as business sign permits, driveway alley access, and parking meter hours for single addresses. That volume of ward-specific legislation is typical for aldermen. Except in rare instances, the council signs off on the mayor’s agenda, even letting the city’s executive pick its legislative leaders. In return, aldermen are allowed to reign over matters large and small in their wards, which some openly describe as “fiefdoms.” The structure of the council has received new attention over the last several months, as the city’s political establishment has been rocked by scandals involving aldermen.
Louisiana: Louisiana Cap on Legislative Wining and Dining Grows to $62
Tacoma News Tribune; Associated Press – | Published: 2/24/2019
When the new budget year begins in a few months, lobbyists can spend $62 per occasion on food and drink for a public official in Louisiana. The current cap is $61. The 2008 law that sets the limit allows annual adjustments tied to increases in the federal Consumer Price Index for food and beverages.
Maryland: Maryland Del. Mary Ann Lisanti Stripped of Leadership Post Over Use of Racial Slur
Washington Post – Ovetta Wiggins | Published: 2/26/2019
A Maryland lawmaker who witnesses say used a racial slur to describe a legislative district in Prince George’s County has been stripped of her leadership position and will undergo sensitivity training. Del. Mary Ann Lisanti issued a public apology after addressing the executive committee of the Legislative Black Caucus of Maryland. Lisanti used the slur in front of several colleagues at an Annapolis cigar bar in January. She told another white lawmaker that when he campaigned in Prince George’s on behalf of a candidate last fall, he was door-knocking in a “n—– district,” said Del. Jay Walker, who witnessed the comment and represents the district in question.
New Hampshire: NH Lobbyists Paid Record Fees in 2018 But Info Hard to Track
Manchester Union Leader – Kevin Landrigan | Published: 2/23/2019
Unofficially, the nearly 500 private or public interests that hired lobbyists in New Hampshire last year paid out nearly $10.7 million in fees. The Manchester Union Leader constructed a database of the fees paid to these lobbyists from information available on the secretary of state’s website. But the state’s website is not searchable. State officials scan all the forms and post them online. This means anyone trying to aggregate all the fees paid to any firm has to total up all the individual forms. In 2018, more than 1,000 lobbying firms filed these reports because several firms have more than one associate working for them. For example, the Sheehan Phinney Capitol Group has five registered lobbyists who represent 40 clients. To find out what the firm got paid in total requires looking at more than 120 forms.
North Carolina: In N.C., a Surprise: In the end, everyone agreed it was election fraud
Chicago Tribune – Amy Gardner (Washington Post) | Published: 2/23/2019
North Carolina will hold a new election in the Ninth Congressional District following a hearing that outlined how a political operative had orchestrated an absentee ballot scheme to try to sway the race in favor of Mark Harris, the Republican candidate. Harris was under scrutiny for hiring Leslie McCrae Dowless, who allegedly assembled a crew to illegally collect, fill out, and forge mail-in ballots in two rural counties in the district. Mark Harris’s son, John, testified before the State Board of Elections that he warned his father he believed Dowless had broken the law in a previous election and should not be hired for the 2018 campaign. The elder Harris had maintained in interviews with reporters that he was unaware of red flags about the operative’s alleged tactics.
Ohio: Even After FBI Probe of Ohio Speaker, Tracking Lawmakers’ Travel Remains Challenging
Cincinnati Enquirer – Jessie Balmert | Published: 2/24/2019
Each year, several Ohio lawmakers spend hundreds or even thousands of dollars on out-of-state travel. They meet legislators from other states, learn about how foreign countries tackle problems, and make connections that could help them professionally and politically. But figuring out how much each lawmaker travels and who pays for those trips is far from easy. Legislators must report some travel for official business on annual ethics forms but not all. Some lawmakers use campaign contributions to pay for travel and document trips there. But lawmakers can also receive free trips from national groups or pay for the trips themselves – it is impossible to tell.
Oregon: Polluted by Money
Portland Oregonian – Rob Davis | Published: 2/22/2019
Over the last few years, Oregon’s most powerful industries have defeated, weakened, or stalled efforts to deal with climate change, air pollution, and other environmental matters. An investigation by The Portland Oregonian found the failure to regulate campaign finance has made Oregon one of the biggest money states in American politics, and the ready cash creates an easy regulatory climate where industry gets what it wants. A company might give as little as a few thousand dollars per lawmaker. But taken together, legislators receive millions from industries with a shared interest in weak environmental regulation. Some state lawmakers said the campaign finance system works by showing voters who is giving money and letting them judge whether it is significant.
Pennsylvania: How Philly’s Electricians Union and Johnny Doc Converted Payroll Deductions into Political Influence
Philadelphia Inquirer – Chris Brennan and Dylan Purcell | Published: 2/25/2019
From 2002 through 2018, small-dollar donations withdrawn from the paychecks of members of Local 98 of the International Brotherhood of Electrical Workers produced just under $41 million to invest in helping elect allies to local, state, and national offices. The yearly haul has increased six-fold over the last decade. The recent indictment on corruption charges of the union’s leader, Johnny “Doc” Dougherty, entangled only one elected official – Philadelphia City Councilperson Bobby Henon – and did not charge anyone with making or receiving improper campaign donations. For a probe that took at least two years, it also gave barely a nod to the breadth of the influence and impact that Local 98 and its leader have amassed.
Texas: Most Dallas City Council Members’ Campaign-Finance Reports Show Violations – But No One Enforces Rules
Dallas News – Corbett Smith | Published: 2/26/2019
Despite a limit on how much individuals and groups can donate to mayoral and council candidates, oversight by Dallas officials is essentially nonexistent. The Dallas News reviewed the past four years of campaign finance filings, finding more than 30 questionable donations reported by 10 of the 14 city council members. A dozen more issues showed up on reports of former council members and losing candidates, but no one is in charge of combing over the forms, raising questions or scrutinizing irregularities. And no one is filing official complaints that would prompt an investigation, city officials said. Even if someone filed a complaint about campaign finance violations, there’s disagreement whether the city’s own ethics panel can even investigate the matter.
February 25, 2019 •
NYCU Video Digest – February 25, 2019
New Gift Laws, Campaign Finance, Elections and Ethics; four stories from around the country you don’t want to miss!
New Gift Laws, Campaign Finance, Elections and Ethics; four stories from around the country you don’t want to miss!
February 22, 2019 •
News You Can Use Digest – February 22, 2019
National: The Growing Need for Opposition Research – on Yourself – in Today’s Political World Governing – Alan Greenblatt | Published: 2/15/2019 The series of recent scandals in Virginia was kicked off by the emergence of a 35-year-old yearbook page […]
National:
The Growing Need for Opposition Research – on Yourself – in Today’s Political World
Governing – Alan Greenblatt | Published: 2/15/2019
The series of recent scandals in Virginia was kicked off by the emergence of a 35-year-old yearbook page from Gov. Ralph Northam’s medical school days. In September, members of the U.S. Senate Judiciary Committee grilled then-Supreme Court nominee Brett Kavanaugh about entries in his high school yearbook and the calendar he kept as a student. Now reporters all over the country are scouring old yearbooks, looking for more examples of racist or otherwise disturbing images or language from the past of politicians. All this suggests that opposition research – as well as self-research, which refers to candidates hiring investigators to look into their own closets – will be a growing field in the years ahead.
Federal:
Elections Commission Chief Uses the ‘Nuclear Option’ to Rescue the Agency from Gridlock
Mother Jones – Nihal Krishan | Published: 2/20/2019
Ellen Weintraub, who has been on the FEC since 2002 and became chairperson in January, has become increasingly frustrated by the agency’s lack of enforcement, which has led to less disclosure, less transparency, and more “dark money” within the campaign finance system. Weintraub now says she will not allow FEC lawyers to defend the government when the commission has been sued for not enforcing the law. This drastic step, which one former FEC lawyer called the “nuclear option,” is effectively an effort to sabotage her own agency in order to enforce the law and create more campaign finance disclosure.
Intimidation, Pressure and Humiliation: Inside Trump’s two-year war on the investigations encircling him
MSN – Mark Mazzetti, Maggie Haberman, Nicholas Fandos, and Michael Schmidt (New York Times) | Published: 2/19/2019
President Trump’s public war on special counsel Robert Mueller’s investigation has gone on long enough that it is no longer shocking. Trump rages almost daily to his 58 million Twitter followers that Muller is on a “witch hunt.” The president’s lawyer talks openly about a strategy to smear and discredit the special counsel investigation. Trump’s allies in Congress and the conservative media warn of an insidious plot inside the Justice Department and the FBI to subvert a democratically elected president. An examination by The New York Times reveals the extent of an even more sustained, more secretive assault by Trump on the machinery of federal law enforcement. Interviews with current and former government officials and others close to Trump, as well as a review of confidential White House documents, reveal numerous unreported episodes in a two-year drama.
From the States and Municipalities:
California: L.A. Ethics Commission Backs New Restrictions on Developer Donations
Los Angeles Times – Emily Alpert Reyes and David Zahniser | Published: 2/19/2019
Faced with complaints about a “pay-to-play” culture at City Hall, the Los Angeles Ethics Commission backed new restrictions on political donations from real estate developers seeking city approval for their building plans. The proposed ban would cover a broad array of people “substantially involved” in a proposed development project, including real estate executives, architects, engineers, and others. Such donors would also be barred from fundraising or gathering political donations for city officials. The commission also backed new restrictions on “behested payments” – donations solicited by politicians for charitable or governmental causes.
California: Nation’s First All-LGBTQ City Council Tests Modern Meaning of Diversity
San Francisco Chronicle – Scott Wilson (Washington Post) | Published: 2/18/2019
Palm Springs achieved a measure of fame a little more than a year ago when voters elected the nation’s first city council consisting entirely of members of the LGBTQ community. The gay and lesbian community, a majority of the electorate in this city of 45,000 people, cheered the milestone as an affirmation of the community’s model tolerance. The happy moment did not last long. The council elected in November 2017 also happened to be all white. What was viewed by many as a broad step toward greater diversity instead turned Palm Springs into a forum for a debate about what diversity means – and who, exactly, is best suited to represent whom in a state shaped for decades by identity politics.
California: Why Cities, Counties May Turn to the State Political Watchdog to Enforce Local Campaign Finance Issues
San Bernardino Sun – Joe Nelson and Sandra Emerson | Published: 2/20/2019
A law that took effect on January 1 in California essentially allows local agencies to draw on the state’s experience and expertise in dealing with campaign finance and ethics laws – for a price. Under its contract with the Fair Political Practices Commission (FPPC), San Bernardino County pays the agency a flat fee of $55,000 annually and is billed at hourly rates for any work exceeding the flat amount. In return, the FPPC audits the campaign accounts of all county elected officials each election cycle, investigates complaints, provides written and verbal guidance to elected officials and their donors regarding the county’s campaign finance and ethics ordinance.
Florida: ‘Who Gave It, Who Got It?’ How Political Influence in Miami Is Bought – and Concealed
Miami Herald – Joey Flechas and Sandra Emerson | Published: 2/21/2019
Whether it is candidates or ballot measures, moneyed interests use political groups that can receive and spend unlimited, untraceable “dark money” to influence elections in Miami and pay for attack ads. Florida’s lax campaign finance laws allow donors to seed thousands of dollars into committees that can give to one or more other committees. The money that pays for the ads can be difficult to trace back to the original donor. Because state authorities do not aggressively police campaign finance reports, political committees can easily get away with concealing their donors while flouting election laws. But political groups do not necessarily need to break campaign laws to hide the sources of their money. It is allowed to be moved through a byzantine web of political committees that mask its origins.
Montana: US Supreme Court Won’t Take Challenge to Montana Campaign Finance Law
Montana Public Radio – Corin Cates-Carney | Published: 2/19/2018
The U.S. Supreme Court, without comment, declined to take up a case challenging Montana’s campaign finance disclosure law. The justices left in place a lower court’s ruling that the state’s so-called Disclose Act is constitutional. The law requires groups that engage in last-minute advertising in elections to make public how they spend money to influence the state’s elections.
New Jersey: This N.J. Mayor Is Getting Paid to Fight Legal Weed. Here’s Why That’s Causing Trouble.
Bergen Record – Payton Guion (NJ Advance Media) | Published: 2/15/2019
The mayor of the first town in New Jersey to ban legal marijuana sales has also spent most of the past year on the payroll as a lobbyist for a prominent anti-marijuana group in the state. But Point Pleasant Beach Mayor Stephen Reid has not always been upfront about that connection, raising questions about ethics and conflicts-of-interest. More than 60 towns in New Jersey have taken some step to prohibit marijuana businesses from their borders. Reid has traveled around the state, offering his hand to other towns considering a ban as the mayor of a town that’ has already done it. Since May 2018, Reid has been a paid lobbyist for New Jersey Responsible Approaches to Marijuana, and his potential conflict is the subject of lawsuit against the town.
Oregon: ‘Give Me the Money, and I’ll Give It to Her.’ Former Oregon Lawmaker Describes Participating in Dubious Campaign Practice
Portland Oregonian – Rob Davis | Published: 2/17/2019
On paper, two contributions to candidates last year came from former Oregon Rep. Deborah Boone. She wrote the checks and her name is listed as the donor. In reality, Boone said, the money came from donors who asked her to pass it on under her name, creating a set of transactions and reports that may have violated state law. Boone described the practice as commonplace among legislators. State records show millions of dollars have moved between Oregon politicians in the past decade in what look like straightforward gestures of support. Lawmakers also routinely give money to committees run by legislative leaders, who then redistribute it to candidates in tough races. According to Boone, the transactions are not always what they seem.
Rhode Island: Political Donations by Strip-club Industry Made in Lobbying Firm’s Name
Providence Journal – Brian Amaral | Published: 2/15/2019
Mysterious errors in campaign finance records concealed the source of thousands of dollars in donations from the Providence strip-club industry to Rhode Island Gov. Gina Raimondo and House Speaker Nicholas Mattiello. Instead of listing their actual employers, the series of contributions listed a lobbying firm, the Goldberg Law Offices. A lobbyist at that firm, Robert Goldberg, also worked on behalf of the strip-club industry. Goldberg said he did not know why donations from people involved in the strip-club industry – and not, in fact, employed by his firm – listed his firm as their employer. The errors raise questions about the working relationship between a high-powered lobbyist and an industry he represented and illuminate the many connections between the strip-club industry and the halls of power in the state.
Texas: Sen. Angela Paxton Files Bill That Would Allow Her Husband, Texas Attorney General Ken Paxton, to Issue Exemptions from Securities Regulations
Texas Tribune – Emma Platoff | Published: 2/16/2019
In what state Sen. Angela Paxton describes as an effort to safely expand Texas’ burgeoning financial tech industry, she filed a bill that would empower the office of her husband, state Attorney General Ken Paxton to exempt entrepreneurs from certain state regulations so they can market “innovative financial products or services.” One of those exemptions would be working as an “investment advisor” without registering. Currently, doing so is a felony in Texas, one for which Ken Paxton was issued a civil penalty in 2014 and criminally charged in 2015.
Virginia: Richmond’s Donor Class and the VMI Brotherhood Stand Behind Embattled Virginia Governor
Washington Post – Gregory Schneider | Published: 2/16/2019
Gil Minor, a local corporate titan and major donor to both political parties, and Tom Slater, a prominent lawyer, met with Virginia Gov. Ralph Northam soon after the shocking news broke that a racist photograph had been unearthed from Northam’s medical school yearbook page. Minor and Slater are part of a political donor class in Richmond that has rallied behind the embattled governor. Perhaps more significant, they are part of a Virginia Military Institute (VMI) brotherhood, an elite alumni corps that includes several of the state’s power brokers. They did not want Northam, the first VMI graduate to become governor, to go down in disgrace. That support is a major reason Northam has clung to office when most of the political world has called for his resignation, leaving the state locked in a limbo of dysfunction that shows no sign of changing soon.
Washington: SEIU State Council to Pay $128,000 in Civil Fines Over Campaign-Finance Lawsuit
Seattle Times – Joseph O’Sullivan | Published: 2/19/2019
The Service Employees International Union (SEIU) Washington State Council 14 has agreed to pay a six-figure settlement over a campaign finance lawsuit. The settlement requires SEIU to pay $128,262.75 in civil fines, as well as $18,300.85 in costs and fees. Another $104,942.25 in civil fines is suspended, provided the organization has no violations over the next four years. The Freedom Foundation alleged the SEIU state council had been operating as a political committee without filing as such with the Washington Public Disclosure Commission. The state attorney general’s office determined that SEIU had made significant campaign contributions but failed to register and report as a political committee in for at least the years 2014 and 2016.
Wyoming: Legislature Reforms Campaign Finance
Staff – Sundance Times | Published: 2/20/2019
Wyoming Gov. Mark Gordon signed Senate Bill 18 into law. It is intended to enhance transparency by requiring that candidates report their expenditures and contributions simultaneously and up to two weeks before the election. It also raises the threshold for reporting from $25 to $100 to account for inflation. The law also clarifies campaign advertising provisions to now include online advertising and defines “electioneering communications,” while requiring that campaign activity be subject to the disclosure of donors and expenditures whether or not that activity was done in coordination with a candidate. A disclosure must now explicitly state, “Paid for by ….”
February 15, 2019 •
News You Can Use Digest – February 16, 2019
Federal: Ex-Lawmakers Face New Scrutiny Over Lobbying The Hill – Alex Gangitano | Published: 2/12/2019 Critics say former federal lawmakers have been the biggest offenders when it comes to working as lobbyists without formally registering. Forty-eight former senators and 295 […]
Federal:
Ex-Lawmakers Face New Scrutiny Over Lobbying
The Hill – Alex Gangitano | Published: 2/12/2019
Critics say former federal lawmakers have been the biggest offenders when it comes to working as lobbyists without formally registering. Forty-eight former senators and 295 former representatives were registered lobbyists in the last Congress, and that number is growing as the latest exiting class of lawmakers join firms. Some note the law has loopholes for determining when someone must register. The Lobbying Disclosure Act states that a person must register to lobby if lobbying activities constitute at least 20 percent of their time working for a client. That allows many former members who work for lobbying shops and big firms to handle policy issues but avoid crossing the line to require registering as a lobbyist.
FEC Raises Contribution Limits for 2020
The Hill – Reid Wilson | Published: 2/7/2019
The FEC announced new higher campaign contribution limits. Donors would be able to give up to $2,800 per election, including both the primary and the general election contests, in the new cycle, a $100 increase over the 2018 cycle. Individuals will be allowed to contribute up to $35,500 to party accounts like the Democratic National Committee and the Republican National Committee every year. The commission raises the cap every two years under a provision in the 2002 Bipartisan Campaign Reform Act.
National Enquirer’s Parent Firm Asked U.S. If It Should Register as Foreign Agent for Saudis
NBC News – Josh Lederman | Published: 2/11/2019
The company that publishes the National Enquirer was concerned enough that it may have acted as an agent of Saudi Arabia that it asked the Department of Justice last year whether it needed to register as a foreign lobbyist. Communications between the Justice Department and American Media Inc. offer the fullest picture to date of interactions between the tabloid publisher and the Saudis ahead of AMI’s release last year of flattering magazine about Saudi Arabia’s young leader. Under the Foreign Agents Registration Act, people or entities that work to advance a foreign country’s political interests in the U.S. must disclose their specific activities and register as foreign lobbyists.
Ocasio-Cortez Learned Lobbyists Pay People to Avoid Waiting in Lines in D.C. She’s Not Pleased.
MSN – Eli Rosenberg (Washington Post) | Published: 2/13/2019
Paying people to wait in line to get prime seats at Capitol Hill hearings is a once-controversial maneuver that has now become accepted practice. Critics say line-standing or line-waiting is a small but visible example of how money affects politics in Washington – how people with resources buy access to lawmakers as they deliberate legislation. The practice, which is expensive but not illegal, has long been a popular one for lobbyists. U.S. Rep. Alexandria Ocasio-Cortez, who is experiencing life as a legislator in Washington for the first time, tweeted her reaction to seeing a line of people waiting for a committee hearing: “Shock doesn’t begin to cover it. Apparently this is a normal practice, and people don’t bat an eye.”
From the States and Municipalities:
California: To Do Business with L.A., City Contractors Now Must Disclose Ties with the NRA
Los Angeles Times – Dakota Smith | Published: 2/12/2019
The Los Angeles City Council passed an ordinance that requires companies seeking contracts with the city to disclose any ties to the National Rifle Association (NRA). Prospective contractors now must disclose under affidavit any contracts or sponsorships they or their subsidiaries have with the NRA. The city has similar policies about companies involved in the construction of President Trump’s proposed border wall. The NRA disclosure law contains more than a dozen exemptions, including contracts involving the city’s pension funds and other investment agreements. Still, attorneys for the NRA said they would file a lawsuit if the ordinance passed, according to a letter sent to the city.
Colorado: High Cost of Influence: $33 million spent last year lobbying Colorado lawmakers
Denver Post – Nic Garcia | Published: 2/7/2019
More than $33 million was spent lobbying Colorado lawmakers in 2018. Lawmakers sometimes rely on lobbyists for expertise and resources the politicians do not have. They fill a knowledge gap for state lawmakers, who have slim staffs to help research and write legislation. Also, because lawmakers can only serve eight years in each chamber, they are limited in the institutional knowledge they can build. Critics say that gives lobbyists access and influence the general public does not always have. “They obviously provide information that is favorable to their clients and not the whole picture,” said Paul Teske, dean of the School of Public Affairs at the University of Colorado at Denver.
Florida: The Lawmaker Who Dressed in Blackface Is Pushing an Ethics Bill Today. Does It Matter?
Tampa Bay Times – Lawrence Mower | Published: 2/12/2019
Florida Rep. Anthony Sabatini has been making national headlines for wearing blackface in a high school prank 14 years ago. It has not stopped him from pushing numerous bills in Tallahassee, including a sweeping bill that would strengthen the state’s ethics laws. It includes provisions that would ban officials from getting investment advice from lobbyists, require lobbyists who influence the executive branch to register online, and make it illegal for officials to seek jobs that conflict with their lawmaking duties. Sabatini he initially felt terrible for anyone who saw the photograph and did not understand the context. But as the story grew, he felt some news reports were using the incident to be sensational, and he has since refused to apologize.
Georgia: State Ethics Commissioners Move to Fill Executive Secretary’s Post After Resignation
Yahoo Finance – R. Robin McDonald (ALM Media) | Published: 2/11/2019
Stefan Ritter resigned as executive secretary of the Georgia Government Transparency & Campaign Finance Commission after being placed on paid leave amid accusations he misused his state-issued computer. Three formal complaints revealed Ritter’s departure stemmed from the discovery by commission staff of “hundreds of pornographic images” on his computer that at least one staff member observed Ritter viewing in the office. The complaints accused him of instructing staff not to open inquiries of multiple candidates in the 2017 Atlanta mayoral race who staffers believed may have violated state campaign finance laws. Ritter also was accused of making a similar call regarding possible campaign violations by Stacey Abrams’ gubernatorial campaign.
Indiana: Veteran Agency’s Secretive Deal with Former State Senator Possibly Violated Lobbying Laws
Indianapolis Star – Tony Cook and Chris Sikich | Published: 2/14/2019
After a state lawmaker pushed to expand the reach of the Indiana Department of Veterans Affairs (IDVA), the agency awarded him a secretive, and possibly illegal, lobbying contract that has paid him more than $150,000. The deal, signed nine months after former state Sen. Allen Paul left office, appears to run afoul of Indiana’s “revolving door” law meant to curb politicians from cashing in on government service. Paul also failed to register as a lobbyist. While the contract was in effect, Paul rarely showed up at the office, interacted little with key lawmakers, and did not maintain an account of the hours he worked. Paul continued to be paid even after the IDVA hired a full-time employee to do essentially the same job.
Michigan: Benson: Pro-Whitmer group broke campaign finance law, will pay fine
Detroit News – Jonathan Oosting | Published: 2/8/2019
A group that ran television ads last year featuring Gov. Gretchen Whitmer violated the Michigan Campaign Finance Act and has agreed to pay a $37,500 settlement, Secretary of State Jocelyn Benson said. Build a Better Michigan spent more than $2.4 million in 2018 and ran a series of pro-Whitmer ads it described as a form of “issue advocacy” traditionally exempt from the law. But some of those ads violated the statute by identifying Whitmer as a “candidate for governor,” Benson said. Benson also ruled the group’s spending could not be considered an “independent expenditure” because of apparent coordination between the group and Whitmer’s campaign.
New York: Claiming Attempt to Silence Them, Advocacy Groups Oppose Cuomo Lobbying Proposal
Gotham Gazette – Lysette Voytko | Published: 2/10/2019
One provision of New York Gov. Andrew Cuomo’s reform agenda would require any individual or organization spending over $500 in a year on lobbying to be required to register as a lobbyist, lowering the threshold from $5,000. The proposal is sparking outcry from nonprofit leaders and others, who say the proposal would harm smaller organizations and activist groups that do little formal lobbying and cannot afford the labor or time to navigate the state’s complex lobbying regulations. “Perversely, while this might increase the number of filings, it will effectively silence small groups while increasing the influence of big money in government,” states a letter from 15 nonprofits.
Texas: In Texas, More Than a Million Dollars in Ethics Fines Have Gone Unpaid
Texas Monitor – Johnny Kampis | Published: 2/7/2019
Data from the Texas Ethics Commission shows state Rep. Ron Reynolds owes $52,500 in fines for failing to file timely personal finance statements required for all candidates. Reynolds is one of the worst offenders in terms of unpaid ethics fines, but he is far from alone in thumbing his nose at the commission. As of the most recent updating on February 4, the ethics agency’s delinquent filer list shows that Texas officeholders and candidates owe more than $1.3 million in fines for being lax on those financial statements.
Virginia: Virginia Democrats Looking for a Clear Path Forward from Scandals
San Francisco Chronicle – Amy Gardner and Jenna Portnoy (Washington Post) | Published: 2/10/2019
Gov. Ralph Northam and Attorney General Mark Herring are staying, Lt. Gov. Justin Fairfax is fighting, and Virginia Democrats are grappling with how to proceed in a situation with no precedent and no one leading the way out of one of the party’s most disastrous periods in history. More than a week has passed since images emerged of Northam’s medical school yearbook page depicting a man in blackface and another in a Ku Klux Klan robe. Since then, two women have accused Fairfax of sexual assault and Herring has admitted he wore blackface as a young man. As a group, Democrats in the state publicly embraced their party’s zero tolerance for racism and sexual violence. But privately, Democrats are divided, particularly about whether ousting Northam is best for their party.
Washington: Seattle Ethics Commission May Shine Light on Political Work, City Hall Lobbying
Seattle Times – Daniel Beekman | Published: 2/12/2019
The Seattle Ethics and Elections Commission may require lobbyists to report the work they do for political campaigns. The debate follows a Seattle Times story about partners at Sound View Strategies who helped elect Mayor Jenny Durkan and have given her informal political advice. They have also been paid by corporate clients to lobby Durkan’s administration on legislation and advocate at City Hall on regulatory matters. Though Seattle already requires candidates to disclose their payments to consultants and mandates lobbyists list their payments from clients, those activities are reported separately and differently, so it can be hard to connect the dots.
January 28, 2019 •
Monday’s LobbyComply News Roundup
Campaign Finance Missouri: “St. Louis County’s Campaign Contribution Limit Is in Effect. Probably. Maybe. Who Knows.” by Jeremy Kohler for St. Louis Post-Dispatch Oregon: “Oregon Supreme Court Could Beat Gov. Brown to Campaign Finance Change” by Dirk Vanderhart for Oregon […]
Campaign Finance
Missouri: “St. Louis County’s Campaign Contribution Limit Is in Effect. Probably. Maybe. Who Knows.” by Jeremy Kohler for St. Louis Post-Dispatch
Oregon: “Oregon Supreme Court Could Beat Gov. Brown to Campaign Finance Change” by Dirk Vanderhart for Oregon Public Broadcasting
Elections
National: “Longtime Trump Adviser Roger Stone Indicted by Special Counsel in Russia Investigation” by Devlin Barrett, Rosalind Helderman, John Wagner, and Manuel Roig-Franzia (Washington Post) for Seattle Times
Ethics
California: “State Controller Betty Yee Disputes Claim That City of Industry Audit Was ‘Politically Motivated’” by Melody Gutierrez and Adam Elmahrek for Los Angeles Times
Florida: “Florida Secretary of State Michael Ertel Resigns After Halloween Blackface Photos Emerge” by Jeffrey Schweers for Tallahassee Democrat
Florida: “Andrew Gillum’s Ethics Case Continues after Florida Commission Finds Cause” by Elizabeth Koh for Tampa Bay Times
Indiana: “Indiana Lawmakers Must Now Aide by Sexual Harassment Policy. Expert Calls It ‘Very 1980s.’” by Kaitlin Lange for Indianapolis Star
Tennessee: “Lee Signs 3 Executive Orders on Ethics, Transparency” by Kimberlee Kruesi and Jonathan Mattise for apnews.com
January 18, 2019 •
News You Can Use Digest – January 18th, 2019
Federal: At Trump’s Inauguration, $10,000 for Makeup and Lots of Room Service MSN – Maggie Haberman, Sharon LaFraniere, and Benn Protess (New York Times) | Published: 1/14/2019 President Trump’s inaugural committee spent roughly $100 million for an abundance of expenses, […]
Federal:
At Trump’s Inauguration, $10,000 for Makeup and Lots of Room Service
MSN – Maggie Haberman, Sharon LaFraniere, and Benn Protess (New York Times) | Published: 1/14/2019
President Trump’s inaugural committee spent roughly $100 million for an abundance of expenses, including more than $1.5 million at the Trump International Hotel in Washington, D.C. The expansive spending reflected Trump’s desire to make a grand entrance, with roughly 20 events around Washington. Disclosure of the spending details comes at a time when the inaugural committee is facing legal scrutiny over the donations that funded it. There is no indication of any investigation into the inaugural committee’s spending. For the most part, inaugural committees are free to spend the money they raise from private donations as they wish. But millions of dollars for Trump’s inauguration were written off in lost revenue.
New Members, Meet the ‘Slush Fund’
Roll Call – Stephanie Aikin | Published: 1/14/2019
More than two dozen new members of the U.S. House and Senate, many of whom campaigned against corruption and corporate money in politics, have established so-called leadership PACs. They are fundraising committees that allow lawmakers to collect money for their colleagues and candidates. The vast majority of members have one, and many say they can be helpful tools to support other politicians and the issues they care about. But the PACs are not subject to the same restrictions on personal spending as individual campaign committees, leading to numerous examples of alleged misuse. Critics say they also allow politicians to evade campaign contribution limits and obscure donations from corporations and other powerful groups.
T-Mobile Execs Seeking Trump Approval for Deal Stayed Repeatedly at His D.C. Hotel
Chicago Tribune – Jonathan O’Connell and David Fahrenthold (Washington Post) | Published: 1/16/2019
Top executives from T-Mobile booked reservations at Trump International Hotel in Washington, D.C. one day after it was announced that T-Mobile’s merger with Sprint would require the administration’s approval. T-Mobile executives stayed at the hotel for at least 38 nights during 2018. The Washington Post obtained about a dozen 2018 VIP Arrivals lists which are provided to hotel staff when foreign officials, executives, and Trump family friends are customers at the hotel. Countries, interest groups, and companies like T-Mobile – whose future will be shaped by the administration’s choices – are free to stop at both and pay the president’s company while also meeting with officials in his government. Such visits raise questions about whether patronizing Trump’s private business is viewed as a way to influence public policy.
From the States and Municipalities:
California: Downtown L.A. Development Is a Focus of FBI Corruption Probe
Los Angeles Times – Emily Alpert Reyes and David Zahniser | Published: 1/14/2019
The rapid transformation of downtown Los Angeles’ skyline is being fueled in good measure by huge investments from Chinese companies eager to burnish their global brands and capitalize on the city’s real estate boom. Now, some of those projects have become a focus of federal agents seeking evidence of possible bribery, extortion, money laundering, and other crimes as part of a corruption investigation at City Hall. Federal investigators have cast a wide net for information about foreign investment in Los Angeles real estate development, according to a search warrant that names an array of political and business figures. The investigation became public in November, when FBI agents raided the home and offices and offices of city Councilperson Jose Huizar.
Colorado: Judge: State ethics panel has no jurisdiction over many Colorado cities
Colorado Politics – Marianne Goodland | Published: 1/10/2019
A judge said the Colorado Independent Ethics Commission (IEC) no longer has jurisdiction over the ethics rules of home-rule cities such as Denver and Colorado Springs. Part of Amendment 41, the voter-approved ethics law, deals with ethics codes set up by home-rule cities and counties. It says Amendment 41 does not apply to “home rule cities or counties that have adopted charters, ordinance or resolutions that address the matters covered” under the amendment. Shortly after the passage of Amendment 41, the city of Glendale adopted its own code of ethics. But the IEC, in deciding it had jurisdiction over Glendale, decided the city’s code did not contain every provision laid out in Amendment 41.
Kentucky: How Much Is Spent Lobbying Kentucky’s Executive Branch? This Bill Demands an Answer.
Lexington Herald-Leader – Jack Brammer | Published: 1/15/2019
Kentucky Senate President Robert Stivers introduced legislation to give the public more information about those lobbying the state’s executive branch. Businesses often spend more than $20 million-a-year lobbying Kentucky lawmakers, but no similar number is counted for executive branch lobbyists, who are far more numerous. Under Senate Bill 6, executive branch lobbyists would have to file with the Executive Branch Ethics Commission their payment and could not work for any type of contingency fee.
Montana: U.S. Supreme Court Declines to Take Up Montana Campaign Finance Case
Montana Standard; Associated Press – | Published: 1/14/2019
The U.S. Supreme Court declined to hear a case challenging Montana’s campaign contribution limits, likely ending a legal challenge that has lasted more than seven years. Opponents of the caps, which are among the lowest in the country, said they are unconstitutional under the First Amendment and prevent candidates from waging effective campaigns. In declining to take up the case, the high court upheld the Ninth U.S. Circuit Court of Appeals’ ruling that the limits are a reasonable way to prevent corruption and still allow candidates to raise enough money. Since the lawsuit was filed, a federal judge has ruled twice that those limits are unconstitutional, only to be reversed upon appeal.
New York: Legislature Passes Sweeping Electoral Reforms
Albany Times Union – Rachel Silberstein | Published: 1/14/2019
New York lawmakers passed several bills that would allow early voting, preregistration of minors, voting by mail, and limits on the influence of money in elections. The reforms make state primary elections the same day as federal primary elections. One bill amends the law to hold limited liability companies (LLCs) to the same aggregate contribution limit of $5,000 that applies to corporations. The legislation includes a constitutional amendment that requires the disclosure of the identity and proportion of ownership of all direct and indirect owners of the membership interests in the LLC and may go into effect as soon as 2021.
Ohio: Columbus Council Appoints Shayla Favor, Approves Campaign Finance Reforms
WOSU – Gabe Rosenberg | Published: 1/15/2019
The Columbus City Council approved the city’s first ever campaign finance reforms. The measures set requirements for disclosing the sources of campaign advertisements and include a tax credit for small donations. But the most-discussed part of the reforms are the campaign contribution limits: $12,707.79 per year. The limit is higher than any other city in Ohio. Because the provision applies annually rather than by campaign period, city officials could raise more money than state officeholders serving for the same amount of time. It applies to all municipal candidates including mayor, council member, auditor, and city attorney. The contribution limits will take effect in time for this year’s elections.
Oklahoma: Stitt Inauguration Donors May Not Be Revealed Until Summer
Oklahoma Watch – Trevor Brown | Published: 1/10/2019
Hundreds of donors and supporters will welcome Kevin Stitt as Oklahoma’s new governor during four days of events. The pre-inaugural events are a lavish and at times controversial tradition shared by newly elected presidents and governors across the country. The events will be entirely funded by private money from Stitt’s backers or those looking to gain good will with the administration. If past inaugurations are a guide, Stitt will likely raise more than $1 million from wealthy individuals, companies, and special-interest groups that are allowed to contribute without limits. But those donors can be kept secret for up to six months, until well after this year’s legislative session is over.
South Carolina: SC Ethics Advocate Creates Ethics Dilemma by Gifting Corruption Book to Lawmakers
The State – Avery Wilkes | Published: 1/10/2019
Lobbyist John Crangle, a longtime ethics reform advocate, gave the South Carolina House and Senate more than 180 copies of his book on a corruption scandal to remind legislators of “Operation Lost Trust,” the 1990 investigation that found widespread vote-selling in the General Assembly and led to criminal charges against 18 lawmakers. The books were delivered to individual lawmakers as they returned to Columbia to begin the legislative session. House Ethics Committee Chairperson Murrell Smith said staffers contacted Crangle and the publisher to verify the book was worth less than the $25 and, thus, would not need to be reported as a gift. State Rep. Kirkman Finlay said Crangle’s gift highlights the awkward spot that legislators regularly find themselves in when a gift reaches their door.
Texas: Texas Republicans Rally Behind Muslim Official as Some Try to Oust Him Over Religion
MSN – Adeel Hassan (New York Times) | Published: 1/10/2019
Shahid Shafi will retain his role as vice-chairperson of the Tarrant County Republican Party despite a push to remove him from his post because he is Muslim. Those who were in favor of Shafi’s removal said he is unequipped to be vice-chair because he does not represent all Tarrant County Republicans due to his religion. They have also said Islamic ideologies run counter to the U.S. Constitution, an assertion many Texas GOP officials have called bigoted.
Vermont: A White Nationalist’s Harassment Helped Force a Black Female Lawmaker to Resign. He Won’t Face Charges.
MSN – Meagan Flynn (Washington Post) | Published: 1/15/2019
Vermont Attorney General T.J. Donovan said he will not file charges in the reported racial harassment of former state Rep. Kiah Morris, though he believes Morris and her family were victims. Donovan said he would not pursue a criminal case because the First Amendment protects free speech. Morris was the only black female lawmaker in the Legislature and she won the Democratic nomination this summer but withdrew, citing racially motivated threats and online harassment. The messages Max Misch, a self-described white nationalist, sent to Morris over a two-year period disrupted her life to the point that she sought, and was granted, a protective order against him. To Misch, the incidents were little more than a joke. “I like trolling people – it’s fun,” Misch said.
Washington: Split Court: Local initiatives subject to disclosure rule
KOMO – Gene Johnson (Associated Press) | Published: 1/10/2019
The Washington Supreme Court ruled the state attorney general’s office can pursue a campaign finance disclosure case against the conservative Evergreen Freedom Foundation. The majority rejected the group’s assertion that the disclosure requirements did not apply to local initiatives before they are placed on the ballot. State law explicitly says that after a measure has been submitted to an elections official, donations to that campaign must be reported. That applies to statewide initiative measures, which must be reviewed by the secretary of state’s office before proponents can gather signatures. But for some local initiatives, supporters do not turn them in until after they have collected signatures.
January 4, 2019 •
News You Can Use Digest – January 4, 2019
Federal: Mueller Fuels Foreign Lobbying Crackdown The Hill – Morgan Chalfont and Alex Gangitano | Published: 12/31/2018 The Federal Agents Registration Act dates to 1938, when it was passed to ensure transparency of foreign influence in the American political process […]
Federal:
Mueller Fuels Foreign Lobbying Crackdown
The Hill – Morgan Chalfont and Alex Gangitano | Published: 12/31/2018
The Federal Agents Registration Act dates to 1938, when it was passed to ensure transparency of foreign influence in the American political process as a result of fears over Nazi and communist propaganda. It has been amended twice since then but is essentially the same law. It requires that “agents of foreign principals,” typically lobbyists or consultants who work for foreign governments or political parties, register and file regular reports with the Justice Department on their activities. They also must file copies of materials they distribute for any foreign entities and keep a record of their activities. Criminal prosecutions under the law have been few and far between, but special counsel Robert Mueller’s investigation has changed that, at least for the time being.
Sexism Claims from Bernie Sanders’s 2016 Run: Paid less, treated worse
MSN – Sydney Ember and Katie Benner (New York Times) | Published: 1/2/2019
Accounts of sexual harassment and demeaning treatment, as well as pay disparity, in U.S. Sen. Bernie Sanders’s 2016 presidential campaign have circulated in recently in emails, online comments, and private discussions among former supporters. As Sanders tries to build support for a second run at the White House, his perceived failure to address this issue has damaged his progressive bona fides, nearly a dozen former state and national staff members said. It also has raised questions among them about whether the senator can adequately fight for the interests of women, who have increasingly defined the Democratic Party, if he runs again for the presidential nomination. The former staff members said complaints about mistreatment and pay disparity during and just after the campaign reached some senior leaders of the operation.
Trump Effect: How out-of-state money fueled Democratic House wins in 2018
USA Today – Maureen Groppe and Christopher Schnaars | Published: 12/29/2018
The Democrats who captured the U.S. House by flipping 43 districts from red to blue in the November election received on average more than half of their large-dollar campaign funds from outside their states. By contrast, defeated Republicans in those districts collected only about one-third of their itemized funds from outside their states. The money that poured into House races from out-of-state donors was another example of the nationalization of the 2018 midterm elections that were partly a referendum on President Trump’s first two years in office. Analysts said the data reinforced other signs that opposition to Trump helped to motivate Democratic donors.
From the States and Municipalities:
Alabama: Ethics Revision Commission Could Give Legislators Multiple Choices
Montgomery Advertiser – Brian Lyman | Published: 12/27/2018
A commission working on proposed changes to the state’s ethics law might deliver multiple options to legislators next year. Tom Albritton, executive director of the Alabama Ethics Commission, said the final proposals will likely include a range of options on different issues for lawmakers to take up, should they decide to revise ethics laws in the legislative session that begins next March. The Code of Ethics Clarification and Reform Commission has taken up a number of issues, though it has spent a great deal of time on the definition of “principal,” or a person or entity who hires a lobbyist.
Delaware: Former Delaware Lawmaker Melanie George Smith’s New Career Draws Complaints of Self-Dealing
Wilmington News Journal – Scott Goss | Published: 1/2/2019
Former Rep. Melanie George Smith has launched a consulting firm that critics say is benefiting from a Delaware “sustainability” industry that she helped create during her final months in office. Her business, Sustainable World Strategies, is prompting questions about the rules that are supposed to stop state lawmakers from crafting legislation that benefits them personally. Smith rejects the notion that her business has anything to do with the legislation she sponsored. “They are completely separate,” she said. “And when you introduce legislation in Dover that is broadly beneficial to everybody, there is no conflict whatsoever.”
Florida: Lauren Book Proposes ‘Swearing In’ Legislative Speakers
Florida Politics – Jim Rosica | Published: 1/2/2019
Florida Sen. Lauren Book filed the Truth in Government Act for the 2019 legislative session that would require people appearing at legislative committees to be sworn in before speaking. Those making a “false statement that he or she does not believe to be true, … in regard to any material matter, commits a felony of the third degree,” Senate Bill 58 says. But the legislation exempts lawmakers themselves, staff members, and children. The majority of speakers before legislative panels are paid lobbyists. “I don’t think it’s necessary because it confuses 1st Amendment-right advocacy with investigatory or legal proceedings that require testimony under oath,” one lobbyist said.
Idaho: Why Does This Charity Golf Event Hosted by Idaho’s Governor Cost More Than It Gives Out?
Idaho Statesman – Audrey Dutton | Published: 1/3/2019
The annual Governor’s Cup tournament is a multiday golf and sporting affair that raises money for college and trade-school scholarships in Idaho. The event is hosted by the governor and first lady and is attended by the state’s political and business movers and shakers. Almost every year of the past decade, the nonprofit that runs the tournament has spent at least twice as much money on throwing the annual event than it has awarded in financial aid. Marcus Owens, a former director of the IRS’s division for tax-exempt organizations, said the event’s cost calls into question its primary purpose. “It sure sounds like this is an opportunity for lobbyists to do what lobbyists do outside the eyes of reporters or the general public,” said Owens.
Illinois: Feds Charge Powerful Ald. Edward Burke with Corruption
Chicago Tribune – Jason Meisner | Published: 1/3/2019
Chicago Ald. Edward Burke was charged with attempted extortion in a federal criminal complaint. It alleges Burke tried to extort a company that owns fast-food restaurants in the Chicago area and needed help with permits for a remodeling job. The complaint also alleged Burke illegally solicited a campaign donation from an executive with the restaurant company for another politician, who is not named in the charges. The criminal charge was stunning even for a city with a long history of public corruption. While dozens of his city council colleagues have been convicted and sent to prison over the decades, Burke was largely seen as too clever or sophisticated to be caught. He had faced federal scrutiny several times before but always escaped charges.
Missouri: No More Free Lunch for Missouri Lawmakers. Literally.
St. Louis Post-Dispatch – Kurt Erickson | Published: 1/3/2019
Although it could face a test in court, a possible repeal by frustrated lawmakers, and varied legal opinions from ethics regulators, the so-called Clean Missouri ballot measure approved by voters in November places a five-dollar cap on gifts lawmakers can receive from lobbyists. That means fewer lobbying groups offering free food to lawmakers and legislative staffers during the busy crush of the legislative session that begins January 9 and runs through May 17. It means no more dinners being purchased by lobbyists for lawmakers at local restaurants, nor free tickets to baseball games, concerts, or golf tournaments. For lobbyists, lawmakers, and restaurateurs in Jefferson City, the changes are significant.
Missouri: State Seeks Dismissal of Lobbyist Gift Ban Lawsuit
St. Louis Post-Dispatch – Kurt Erickson | Published: 12/26/2018
Missouri Attorney General Josh Hawley is asking a federal judge to dismiss a lawsuit that sought to overturn a ban on workers in the governor’s office receiving gifts from lobbyists. Gov. Mike Parson in November rewrote an order issued by his predecessor, Eric Greitens, that had prohibited all gifts from lobbyists. The change was aimed at allowing groups to distribute informational booklets to employees of the state’s chief executive. In October, the Institute for Justice said the ban on gift-giving violated the organization’s First Amendment rights to free speech because it prohibits them from giving workers in Parson’s office two books. Hawley’s office said the change makes the lawsuit unnecessary.
New Jersey: New Jersey Is the Latest Battleground in National Redistricting Fight
Politico – Matt Freidman | Published: 12/28/2018
Democrats who control the New Jersey Legislature attempted to fast track a constitutional amendment to change the way the state draws its legislative districts. The plan would have inserted a formula into the state constitution almost certainly cementing Democratic majorities for decades to come. But to a new wave of liberal activists, it reeked of an attempted power grab. Their party’s redistricting amendment gave them a new target and joined by good government groups and Republican state lawmakers who stood to see their already diminished clout reduced further, they held rallies in front of the Statehouse to oppose it. Redistricting is drawing more and more mainstream attention, with New Jersey the latest state to battle over the drawing of district lines in the run-up to 2020.
New York: N.Y.’s New Attorney General Is Targeting Trump. Will Judges See a ‘Political Vendetta?’
MSN – Jeffery Mays (New York Times) | Published: 12/31/2018
Letitia James, the incoming New York attorney general, has suggested that President Trump could be charged with obstruction of justice, and implied that foreign governments channeled money to his family’s real estate holdings, which she characterized as a “pattern and practice of money laundering.” Democratic attorneys general across the country have used their offices to confront Trump. But since her election, James has opened herself up to criticism that she has gone too far in allowing politics to shape her agenda. Her strident attacks on the president could potentially threaten the legal standing of cases that her office brings against Trump, his family members or their business interests, legal experts said.
North Carolina: NC Lawmakers Override Veto of Bill That Makes Allegations of Campaign Finance Violations Secret
Raleigh News and Observer – Craig Jarvis | Published: 12/27/2018
Republican lawmakers held off North Carolina Gov. Roy Cooper’s attempt to muster enough Democrats to thwart an override of his veto of an elections law bill. A large majority of Democrats had voted to approve the bill, as it reflected changes in state election law that Cooper achieved in a lawsuit. But despite negotiations with legislative leaders over how to accomplish those changes, Cooper focused the argument on keeping accusations of campaign finance violations secret. Cooper opposed a provision in the bill that will require allegations of campaign finance wrongdoing to be probed by the State Ethics Commission and its findings to be referred to the State Board of Elections. The elections board could then refer the matter to local prosecutors to consider bringing criminal charges, all in confidence.
South Dakota: Undisclosed Donors Gave $95K in SD Governor Race
Rapid City Journal – Seth Tupper | Published: 12/30/2018
An out-of-state PAC that ran advertisements supporting Kristi Noem and opposing Billie Sutton in the race for South Dakota governor received $95,000 from undisclosed sources during the final week of the campaign. The money was raised by a corporation, apparently a 501(c)4 nonprofit, that does not disclose its donors. The corporation then gave the money to a super PAC, which appears to have spent most or all the money on independent expenditures in the race. The contributions from the corporation to the super PAC occurred late enough in the campaign that they did not show up on the super PAC’s campaign finance reports until a post-election report, which was filed on December 6.
November 16, 2018 •
News You Can Use Digest – November 16, 2018
Federal: Banner Year for Female Candidates Doesn’t Extend to Republican Women MSN – Susan Chira (New York Times) | Published: 11/15/2018 The number of Republican women in Congress next year will drop, even as the ranks of Democratic women swell […]
Federal:
Banner Year for Female Candidates Doesn’t Extend to Republican Women
MSN – Susan Chira (New York Times) | Published: 11/15/2018
The number of Republican women in Congress next year will drop, even as the ranks of Democratic women swell to record heights. With a few races still undecided, the new Congress will have at least 105 Democratic women and 19 Republican women. From Congress to governor to state Legislatures, far more Democratic women ran in this cycle than Republican women. And that means fewer Republican women on the bench, gathering experience and credentials to move up to the next level. With fewer women as candidates and officeholders, Republicans risk further widening a gender gap already at historic levels, since far more women vote Democratic than Republican, said Mirya Holman of Tulane University.
Delay, Deny and Deflect: How Facebook’s leaders fought through crisis
MSN – Sheera Frenkel, Nicholas Confessore, Cecilia Kang, Matthew Rosenberg, and Jack Nicas (New York Times) | Published: 11/14/2018
Facebook has reshaped political campaigns, the advertising business, and daily life around the world. But as evidence mounted that Facebook’s power could also be exploited to disrupt elections, broadcast viral propaganda, and inspire campaigns of hate, founder Mark Zuckerberg and Chief Operating Officer Sheryl Sandberg stumbled. Bent on growth, the pair ignored warning signs and then sought to conceal them from public view. Sandberg has overseen a lobbying campaign to combat Facebook’s critics and ward off regulation. Allies of Facebook in Washington, D.C. intervened on its behalf. But trust in the company has sunk, while its growth has slowed. Regulators and law enforcement officials are investigating Facebook’s conduct with Cambridge Analytica, a political data firm that worked with Donald Trump’s 2016 campaign.
House Democrats’ Win Fuels K Street Hiring
Politico – Theodoric Meyer and Marianne Levine | Published: 11/7/2018
The Democratic takeover of the U.S. House, even as Republicans expanded their majority in the Senate, ends two years of unified GOP control of Washington in which corporate America and its lobbyists saw major victories, including a tax bill that slashed the corporate rate and extensive deregulation. Washington offices of major corporations now are grappling with how to work a Democratic House full of newly elected members, many of whom ran on promises to resist special interests and who are generally younger and more diverse than the denizens of K Street. Some lobbying firms, the biggest of which are typically bipartisan and pride themselves on their ability to thrive no matter which party is in power, and companies have already hired new Democratic lobbyists in anticipation the party might take back the House.
Trump Involved in ‘Nearly Every Step’ of Hush-Money Payments to Stormy Daniels and Karen McDougal: WSJ
CNBC – Kevin Brueniger and Dan Mangan | Published: 11/9/2018
President Trump was heavily involved during his presidential campaign in silencing the stories of women who claimed to have extramarital affairs with him, according to a report from The Wall Street Journal that contradicts repeated denials from Trump. Federal prosecutors have gathered evidence that Trump worked with his friend and media executive David Pecker to use the National Enquirer tabloid to buy the silence of adult-film star Stormy Daniels and former Playboy model Karen McDougal. Trump was allegedly involved in nearly every step of the process to prevent Daniels and McDougal from publicizing their stories and worked with his longtime lawyer and fixer Michael Cohen to coordinate the deals.
Trump Seeks to Land Blow Against Media in Court Fight with CNN
Politico – Jason Schwartz and Michael Calderone | Published: 11/14/2018
Trump administration lawyers asserted in court that the president could bar “all reporters” from the White House complex for any reason he sees fit. The sweeping claim, which came in the first public hearing over CNN’s lawsuit to restore correspondent Jim Acosta’s White House credentials, could have a dramatic impact on news organizations’ access to government officials if it is upheld in court. CNN argued in its lawsuit that the White House infringed on Acosta’s First Amendment rights by revoking his access in response to a dispute at a recent press conference. The arguments represented an escalation in Trump’s fight against the media, with more than a dozen news organizations weighing in on CNN’s side.
From the States and Municipalities:
Alabama: How a Top Official Landed in Criminal Trouble
E&E News – Sean Reilly | Published: 11/14/2018
An Environmental Protection Agency (EPA) official in the Trump administration was indicted on charges stemming from a previous job. Trey Glenn, director for the agency’s southeast region, helped a law firm fight potential EPA actions to clean up contaminated sites in Alabama on behalf of Drummond Co., which could be responsible for the cleanups. A grand jury indicted Glenn and former Alabama Environmental Management Commissioner Scott Phillips for their roles in the controversial efforts. A federal jury earlier this year convicted Balch partner Joel Gilbert and Drummond vice president David Roberson for bribing an Alabama lawmaker as part of the effort to stop the cleanup effort. Glenn and Phillips were both called as witnesses in that trial, and evidence showed they were closely with Balch on the effort to stop the cleanups.
California: SoccerCity Document Leak by San Diego Councilman Prompts Tougher Restrictions
San Diego Union Tribune – David Garrick | Published: 11/13/2018
Prompted by Councilperson Chris Cate’s sharing of confidential documents with SoccerCity investors last year, the San Diego City Council approved tighter restrictions on the handling of such documents. The tougher guidelines aim to prevent future disclosures and make it easier to prosecute leakers. In case a leak still occurs despite the new rules, the council also voted to make it illegal for lobbyists who may receive confidential documents from “using, accepting, or disclosing” them in any way. To avoid potential loopholes, the council added language saying a lobbyist also cannot disseminate a confidential document and cannot use intermediaries to disseminate it, such as a relative.
Florida: Inside the Republican Strategy to Discredit the Florida Recount
MSN – Jeremy Peters and Maggie Haberman (New York Times) | Published: 11/13/2018
Republicans’ strategy in Florida this year to discredit the recount in the close U.S. Senate race reflects their experience in the 2000 presidential election in the state. GOP strategists say they prevailed then largely because they approached the recount as they did the race itself, with legal, political, and public relations components that allowed them to outmaneuver Democrats. The effort Gov. Rick Scott and allies are waging today is similar to that multifront war in 2000 led by the George W. Bush campaign and an army of party consultants. Lawyers are filing complaints in Tallahassee; surrogates for Scott are holding news conference calls with journalists and sitting for interviews on television, blaming Democrats for tarnishing the integrity of the electoral process; and party officials are encouraging demonstrators to gather at sites where the recounts are taking place.
Missouri: Despite Election Night Victory, Fight Over Ethics Overhaul in Missouri May Not Be Over
St. Louis Post-Dispatch – Kurt Erickson | Published: 11/11/2018
Missouri voters approved a constitutional amendment to change ethics laws and overhaul the way the state’s political maps are drawn. But with the changes scheduled to start going into effect December 6, the initiative could face another round of scrutiny in a courtroom and at the Capitol. The same groups of opponents who tried to keep the “Clean Missouri” initiative off the ballot say they are mulling further legal action aimed at stopping the reforms. “We fully intend to oppose Clean Missouri any way we can,” said Dan Mehan, executive director of the Missouri Chamber of Commerce and Industry. Senate President Pro Tem-elect Dave Schatz said the Legislature may want to tinker with certain parts of the initiative.
New Jersey: Bankers’ Group Seeks End to Ban on Gifts to Local Candidates
Yahoo! Finance – Charles Toutant (Law.com) | Published: 11/11/2018
A century-old law barring banks from making contributions to candidates in local and state elections is being challenged by the New Jersey Bankers Association. The bankers filed suit seeking a declaration that the ban is unconstitutional, and asking for an order enjoining enforcement. The lawsuit claims banks’ First Amendment rights are violated by the inability to make campaign contributions. Banks are banned from making contributions of any kind or amount to, or in support of, political parties or candidates for any state or local office under the New Jersey statute. But nonbank corporations are not subject to any such prohibition, with a few exceptions, according to the plaintiff.
North Dakota: Victorious North Dakota Measure 1 Supporters Expect More Work, Lawsuits
Bismarck Tribune – Tru-Uyen Tran (Forum News Service) | Published: 11/8/2018
Voters may have approved North Dakota’s Measure 1 aimed at combating corruption but the group behind it has no plans to break up anytime soon. Being a constitutional amendment, the measure relies on lawmakers to implement it, which creates opportunities for supporters and opponents to influence that process. Ellen Chaffee, one of the founders of North Dakotans for Public Integrity, said her group will also stay together because it is anticipating legal challenges by opponents. Passage means that, among other things, the “ultimate and true source” of money spent on media to influence politics must be disclosed, lobbyists can no longer give gifts to public officials, and a state ethics commission must be formed to investigate violations.
Oregon: Oregon Lawmaker Under Scrutiny for Posting Home Addresses of Ballot Measure Petitioners
Governing – Maxine Bernstein (Portland Oregonian) | Published: 11/15/2018
A gun control advocacy group called on the Oregon House to investigate state Rep. Bill Post for putting online the phone numbers and home addresses of the chief petitioners of a ballot measure to ban assault weapons. In a Facebook post, Post encouraged gun rights supporters to personally contact three Portland clergy leading the initiative campaign to ban assault weapons and high capacity magazines in Oregon. He posted the message on the Facebook page of a group called “The Heirs of Patrick Henry, Northwest.” The post led to harassing emails and phone calls to the petitioners, and it has had a chilling effect on others challenging the gun rights lobby, said Ceasefire Oregon Executive Director Penny Okamoto.
Virginia: U.S. Supreme Court to Take Up Virginia Redistricting Case on Racial Gerrymandering
Washington Post – Gregory Schneider and Robert Barnes | Published: 11/13/2018
The U.S. Supreme Court will take up the issue of redistricting in Virginia, agreeing to hear an appeal filed by Republican legislators after a lower court’s ruling that 11 House of Delegates districts must be redrawn to correct racial gerrymandering. The action does not appear to halt the redistricting process, though, which is underway at the hands of a special master. It will be the second time the high court has heard the case. It sided with challengers in demanding further review of the districts, drawn by Virginia Republicans to ensure that 55 percent of eligible voters were black. What remains to be seen is whether the Supreme Court will again take up the issue of partisan gerrymandering, which it has never found to be unconstitutional.
October 26, 2018 •
News You Can Use Digest – October 26, 2018
National: How a Billionaire from Another State Could Influence Your Elections Center for Public Integrity – Liz Essley Whyte | Published: 10/18/2018 Twenty-five American billionaires have invested more than $70.7 million for initiative campaigns this year in 19 states where […]
National:
How a Billionaire from Another State Could Influence Your Elections
Center for Public Integrity – Liz Essley Whyte | Published: 10/18/2018
Twenty-five American billionaires have invested more than $70.7 million for initiative campaigns this year in 19 states where they do not reside. Meanwhile, as little as $7.2 million has gone from their wallets and those of other billionaires to campaigns in their home states. In total, the $78 million tally from all 34 billionaires may be pocket change to them, but it is more than 10 percent of the $648 million disclosed so far this year for statewide ballot measure campaigns. The contributions from the wealthy to campaigns across state lines rankle some local opponents, even though no one questions their legality. Just who should decide issues in their states, they ask – the people who live there or some rich folks from out-of-state?
Three Secretaries of State Are Refereeing the Election While Running in the Field
McClatchy DC – Tim Johnson | Published: 10/18/2018
In three states, the referee for the midterm elections is also on the field as a player. Elected secretaries of state in Georgia and Kansas, who in their official capacities oversee the elections in their states, are running for governor. Ohio’s secretary of state is running for lieutenant governor. They have faced scattered calls to resign but have refused to do so. Election reformers say the situation underscores the conflict-of-interest when an official has responsibilities for an election while also running as a candidate. While the three secretaries of state are Republican, concerns about inappropriate actions by partisans who hold the office transcend parties.
Federal:
Inside the Saudis’ Washington Influence Machine: How the kingdom gained power through fierce lobbying and charm offensives
MSN – Tom Hamburger, Justin Reinhard, and Justin Moyer (Washington Post) | Published: 10/21/2018
A sophisticated influence machine has shaped policy and perceptions of Saudi Arabia in Washington, D.C. for decades, batting back critiques of the kingdom by doling out millions of dollars to lobbyists, law firms, prominent think tanks, and large defense contractors. In 2017, Saudi payments to lobbyists and consultants in Washington more than tripled over the previous year. Beyond their spending, the Saudis have enjoyed a priceless advantage: a warm relationship with President Trump, who has done business its wealthy citizens, and his son-in-law, Jared Kushner, who developed a close bond with the crown prince as he crafted the administration’s Middle East policy.
U.S. Begins First Cyberoperation Against Russia Aimed at Protecting Elections
MSN – Julian Barnes (New York Times) | Published: 10/23/2018
The United States Cyber Command is targeting individual Russian operatives to try to deter them from spreading disinformation to interfere in elections, telling them that American operatives have identified them and are tracking their work. The campaign, which includes missions undertaken in recent days, is the first known overseas cyberoperation to protect U.S. elections, including the November midterms. The operations come as the Justice Department recently outlined a campaign of “information warfare” by Russians aimed at influencing the midterm elections, highlighting the broad threat the American government sees from Moscow’s influence campaign.
From the States and Municipalities:
Alaska: State Regulators to Alaska Lobbyist: Stop helping candidates raise money
Alaska Public Media – Nathaniel Hertz | Published: 10/18/2018
Alaska lobbyists have been breaking an anti-corruption law by promoting fundraising events on behalf of candidates, according to a preliminary opinion from the state’s campaign finance watchdog. Lobbyist Ashley Reed asked for the formal opinion from the Alaska Public Offices Commission. He wanted to know whether state law allows for lobbyists to email copies of invitations to fundraisers for political candidates. The Legislature banned lobbyists from engaging in fundraising activity more than two decades ago. But despite the ban, Reed and lobbyist Jerry Mackie have been sending copies of fundraiser invitations to their clients and friends.
Florida: Text Messages Raise New Questions Over Andrew Gillum’s Lobbyist Connections
WRAL – Patricia Mazzei (New York Times) | Published: 10/23/2018
Undercover FBI agents paid for Tallahassee Mayor Andrew Gillum’s hotel room and his ticket to the Broadway musical “Hamilton” during a 2016 trip to New York City, according to newly released documents that raise questions just before Florida’s gubernatorial election, in which Gillum is locked in a close race with former U.S. Rep. Ron DeSantis. Text messages between Gillum and former lobbyist Adam Corey, who set up meetings with the agents, show Gillum knew the tickets came from men he believed to be businesspeople looking to develop property in Tallahassee, but were undercover FBI agents investigating public corruption in the city. The records contradicted Gillum’s past statements on the state ethics probe.
Indiana: No Charges Against Hill, But Investigation Reveals Searing New Details
Indianapolis Star – Tony Cook, Ryan Martin, and Kaitlin Lange | Published: 10/23/2018
Indiana Attorney General Curtis Hill will not be charged over allegations he groped a state lawmaker and several staffers at a party celebrating the end of the legislative session. He also was cleared of any ethical breaches by the inspector general’s office. Special Prosecutor Daniel Sigler, who said he believed the women’s stories to be “true and credible,” announced that bringing charges would be difficult due to the time that elapsed between the alleged incident in March and the filing of the claims against Hill. But the fallout from Hill’s alleged behavior that night is likely to continue as his accusers prepare a civil lawsuit and Republican leaders continue to call for his resignation.
Kentucky: Kentucky AG Defends Campaign Finance Reform in Sixth Circuit
Courthouse News Service – Kevin Koeninger | Published: 10/18/2018
The constitutionality of several Kentucky ethics laws was debated before a panel of the U.S. Court of Appeals for the Sixth Circuit, with the state’s attorney general arguing they are necessary to maintain citizens’ confidence in the government. Plaintiffs alleged numerous restrictions on campaign financing and lobbying were unconstitutional, including contribution limits and a prohibition on gifts to legislators and their spouses. Kentucky made sweeping changes to its campaign finance laws in 2017, which mooted several of the plaintiffs’ claims. But U.S. District Court Judge William Bertelsman sided with the plaintiffs on several issues last year. Bertelsman struck down the law that prevents legislators and their spouses from receiving “anything of value,” ruling the statute was unconstitutionally vague and overbroad.
Maine: Crowdfunding of Collins Opponent in 2020 Likely Faces Legal Challenge
Lewiston Sun Journal – Kevin Collins (Portland Press Herald) | Published: 10/22/2018
In an effort to pressure U.S. Sen. Susan Collins on the confirmation of Brett Kavanaugh to the Supreme Court, organizers pledged to collect contributions nationwide and give them to a hypothetical Democratic challenger in 2020 if Collins voted to confirm the nominee. If she opposed Kavanaugh, whose nomination nearly collapsed amid allegations of sexual misconduct, no money would be collected. The unprecedented campaign, which Collins has labeled a bribe, is a testament to the power of small-dollar “crowdfunding” at a time when corporations, interest groups, and wealthy donors can dump unlimited money into elections. Yet the tactics used by the three organizations behind the campaign to pressure Collins are raising sticky legal questions that could end up in court, with national implications.
Missouri: Clean Missouri Proposition Puts Redistricting Front and Center, Limits Lobbyist Influence
St. Louis Public Radio – Jason Rosenbaum | Published: 10/23/2018
Amendment 1 on the November ballot in Missouri would limit the meals, entertainment, and travel a lobbyist can give a lawmaker, and place a two-year waiting period on lawmakers and their staff to become lobbyists. It would also lower contributions limits for state House and Senate candidates, as well as alter how state legislative districts are drawn. Supporters believe the measure will make lawmakers more responsive to people instead of special interest groups or lobbyists. Detractors believe the initiative is not about improving ethics, and instead is about giving Democrats a leg up on the state legislative redistricting process.
New Hampshire: N.H. Legislators Look to Lobbyists for Reliable Source of Re-Election Cash
New Hampshire Public Radio – Casey McDermott | Published: 10/19/2018
A review of fundraising reports in New Hampshire over the most recent legislative session shows donations from lobbying interests with a direct stake in the decisions made by state senators accounted for roughly half of all the money raised by those same senators’ re-election campaigns. The rate of reliance on lobbying money varied from as little as 16 percent to 75 percent or more. In many cases, senators’ fundraising reports reflected the intersection of money and influence inherent to statehouse lobbying. Candidates can, and often do, accept separate contributions from lobbying firms, the lobbyists they employ, and the clients they represent, magnifying their impact in legislative races.
New York: Dean Skelos, Ex-New York Senate Leader, Gets 4 Years and 3 Months in Prison
WRAL – Benjamin Weiser and Vivian Wang (New York Times) | Published: 10/24/2018
Former New York Senate Majority Leader Dean Skelos was sentenced to four years and three months in prison on federal corruption charges, including soliciting bribes and defrauding the public. The sentence was lighter than the five years that the same judge imposed in 2016 when he was convicted on the same charges. That conviction was overturned. Skelos’ son, Adam, who was convicted along with his father, was sentenced to four years in prison. Prosecutors accused Dean Skelos of using his position to pressure three companies to provide his son with consulting work, a “no-show” job, and a $20,000 payment.
North Dakota: All of the Above? The Ancient Voting Method One City Might Adopt
Governing – Alan Greenblatt | Published: 10/19/2018
In November, voters in Fargo, North Dakota, will decide whether to adopt a ballot measure that would create a system known as “approval voting” for local elections. Under the system, everybody can vote for as many candidates as they would like. If there are four candidates for the city commission, for example, you could choose to vote for one of them, or for two, or for the whole lot. Unlike the other multiple-choice method known as ranked-choice voting, which is gaining favor in some places, each vote would count the same. The person with the highest total would win. Supporters say voters would not have to worry about wasting votes on spoilers with little chance of winning since they can also select candidates expected to be more popular. In theory, however, candidates with extreme viewpoints would have a harder time since the winner would have to be broadly acceptable to most voters.
Pennsylvania: Ex-Allentown Mayor Gets 15 Years in Prison on Corruption Charges
Philadelphia Inquirer – Associated Press | Published: 10/23/2018
Former Allentown Mayor Ed Pawlowski was sentenced to 15 years in prison on corruption charges. He was convicted of trading city contracts for campaign donations to fund his bids for mayor, governor, and U.S. Senate. Jurors found him guilty on 47 counts in connection to eight schemes, including those involving contracts for a city pool, tax collection service, cybersecurity, and streetlight installation. Pawlowski must also pay more than $93,000 in restitution in restitution to the city and to vendors that prosecutors say were cheated out of a fair and open bidding process.
South Carolina: Should SC Roads Be Named After Lawmakers Who Have Pleaded Guilty to Corruption?
The State – Avery Wilks | Published: 10/22/2018
A few days after he resigned from the South Carolina Senate and pleaded guilty to misconduct in office, John Courson asked the Department of Transportation to remove the signs bearing his name from a state road. But another former state senator, Robert Ford, who pleaded guilty to corruption in 2015, says he earned the right to have a Charleston road named after him and would not give up the honor. Unseemly exits from the South Carolina General Assembly can create a host of awkward circumstances. Among them: what to do with the state roads or buildings named after politicians who have admitted to corruption?
October 5, 2018 •
News You Can Use – October 5, 2018
National: Missing in the G.O.P.: Black and Hispanic Nominees for Governor New York Times – Astead Herndon | Published: 10/3/2018 In the first midterm elections under Donald Trump, whose campaign and presidency included strong appeals to white voters, Republicans have […]
National:
Missing in the G.O.P.: Black and Hispanic Nominees for Governor
New York Times – Astead Herndon | Published: 10/3/2018
In the first midterm elections under Donald Trump, whose campaign and presidency included strong appeals to white voters, Republicans have no black or Hispanic nominees for governor in 2018, and few from other racial minorities, in the 36 states holding elections for the position. The overwhelming majority are white men. Democrats this year have nominated black, Hispanic, and Native American candidates for governor in Arizona, Florida, Georgia, Idaho, Maryland, and elsewhere. The Republican falloff is striking after past election seasons when party leaders attempted to identify and then rally behind minority candidates for governor in major states, like Ohio and Pennsylvania.
Federal:
Trump Engaged in Suspect Tax Schemes as He Reaped Riches from His Father
MSN – David Barstow, Susanne Craig, and Russ Buettner (New York Times) | Published: 10/2/2018
Donald Trump won the presidency proclaiming himself a self-made billionaire, and he has insisted his father provided almost no financial help. But an investigation reveals Trump received the equivalent today of at least $413 million from his father’s real estate empire, starting when he was a toddler and continuing to this day. Much of this money came to Trump because he helped his parents dodge taxes. He and his siblings set up a sham corporation to disguise millions of dollars in gifts from their parents. Records indicate Trump helped his father take improper tax deductions worth millions of dollars more. He also helped formulate a strategy to undervalue his parents’ real estate holdings by hundreds of millions of dollars on tax returns, reducing the tax bill when those properties were transferred to him and his siblings.
From the States and Municipalities:
Alabama: ‘Beach House Sheriff’ Used Pistol Permit Fees to Pay for TV Commercials During Campaign
AL.com – Connor Sheets | Published: 10/3/2018
Between October 31, 2017, and July, Etowah County Sheriff Todd Entrekin paid Venture Marketing Group more than $29,000 for work related to television ads. Venture created multiple commercials that only aired during the eight months prior to the June primary election. Even though the ads feature Entrekin speaking about the sheriff’s office and promoting programs he oversees as sheriff, his campaign committee did not pay Venture for the work. Entrekin instead paid the company out of an official sheriff’s office account he alone controls called the Sheriff’s Law Enforcement Fund. Nearly half of the money in the fund is generated by selling pistol permits.
Arizona: This Lawmaker Stands to Earn at Least $11M on His Own Charter Schools. His Votes Helped Lay the Groundwork.
Arizona Republic – Craig Harris | Published: 10/2/2018
Arizona House Speaker J.D. Mesnard and Rep. Eddie Farnsworth amended the state budget to exempt charter schools from procurement and conflict-of-interest laws, and from a requirement to disclose their entire annual spending plans on school websites. Farnsworth was not just a lawmaker interested in the details of the bill. He also runs a four-campus charter chain that because of the amendment would remain free of state oversight of its spending. Farnsworth’s involvement in the last-minute maneuver highlights how his roles as a state lawmaker and charter-school operator have for years mingled at the Capitol, almost always to the benefit of Farnsworth and the state’s other charter school operators.
California: Gov. Brown Signs Bill Requiring Lobbyists to Receive Sexual Harassment Prevention Training
San Francisco Chronicle – Bay City News Service | Published: 10/1/2018
California Gov. Jerry Brown signed a bill that requires lobbyists to receive sexual harassment prevention training. Assembly Bill 2055 requires lobbyists’ ethics courses to include information on Assembly and Senate policies against harassment, including sexual harassment, in connection with lobbying activities. “We need to make sure that everyone who does business in the Capitol understands what we mean by our zero-tolerance policy. Mandated training is an effective method to get that message across,” Assemblyperson Marc Levine said.
California: New State Law Requires More Transparency from Social Media Political Ads
Voice of OC – Brandon Pho | Published: 10/3/2018
California Gov. Jerry Brown signed a social media disclosure bill into law. A separate bill had bolstered the requirements for disclosing the names of the top three funders of ballot measures and independent expenditures on television, radio, and print ads. Assembly Bill 2188 now extends those same requirements to online platforms. Social media platforms that sell ads directly to advertisers will be required to keep a database of any political ad disseminated on the platform by a committee that purchased $500 or more in ads within a year.
Florida:Lobbyists Paid to Pressure County Officials Skip Filing Required Disclosures, Audit Says
Fort Myers News-Press – Bill Smith | Published: 9/29/2018
An audit found nearly 60 percent of registered lobbyists in Lee County, Florida have missed the required filing of annual or quarterly statements on their activities. The county ordinance covers contact with county commissioners and employees at the director level and above to report contacts with anyone who is paid to “influence the passage, defeat, modification or repeal,” of any matter requiring a commission vote. It also includes non-secretarial employees in the purchasing division and contracts office. Companies that employee lobbyists are required to file an annual registration statement and quarterly statements about lobbying activities.
Kentucky: Ethics Bill Seeks to Close Reporting Loophole on Groups Paying for Legislators’ Travel
Insider Louisville – Joe Sonka | Published: 9/27/2018
An ethics bill pre-filed in Kentucky could close a reporting loophole that allowed groups, including partisan advocacy organizations, to prepay for the out-of-state travel and lodging expenses of state legislators. A recent investigation estimated that up to $100,000 was spent by outside groups on lawmakers’ approved travel outside of the state last year; that spending did not have to be reported to any state agency. While public funds spent on such travel and reimbursements from private groups must be reported, there is no requirement for legislators to disclose how much those organizations spend to send them to conferences and events, so long as such groups pay for the airfare, lodging, and meals in advance.
Mississippi: In Mississippi Senate Race, an African American Democrat Faces a Republican Using a Confederate Symbol
Washington Post – Cleve Wootson Jr. | Published: 9/30/2018
U.S. Senate candidate Mike Espy has tried to remind Mississippians how he has served them in the past, with three terms in the U.S. House who spent time as President Clinton’s agriculture secretary. But even his most ardent supporters worry that when many voters go to the polls in November, what Espy has done will matter much less than what he is: a black man running for one of the highest elected offices in a state with a Confederate emblem on its flag. One of his opponents is hearkening to another version of the past: Republican Chris McDaniel, a conservative fond of provocative statements whose yard signs feature the flag of the Confederate States of America.
New Jersey: Murphy Still Defends Hiring Ex-Official Jailed for Corruption (Even Though He Was Forced to Resign)
Newark Star Ledger – Brent Johnson (NJ Advance Media) | Published: 10/2/2018
Gov. Phil Murphy continued to defend his administration’s decision to hire a former Passaic City Council member who served prison time for accepting bribes, even after the hiring was deemed unlawful and Marcellus Jackson was forced to resign. Murphy hired Jackson in July for a $70,000-a-year position as a special assistant in the state Department of Education’s Office of Civic and Social Engagement. Murphy said his administration conducted a legal review that cleared Jackson’s hiring. But Attorney General Gurbir Grewal said state law should have prevented the hire because former public officials convicted of corruption are disqualified from ever holding a public job again in New Jersey.
Pennsylvania: Alex Trebek Moderated a Gubernatorial Debate in Pennsylvania. It Didn’t Go Well.
Chicago Tribune – Antonia Noori Farzan (Washington Post) | Published: 10/2/2018
Pennsylvania Gov. Tom Wolf and his Republican challenger, Scott Wagner, met recently in their only debate prior to the November election with “Jeopardy” host Alex Trebek serving as moderator. While moderators typically ask questions and let the candidates talk, Trebek spoke at length – at times sharing his own policy opinions – during the 45-minute debate, frustrating viewers. At one point, Trebek joked that the only thing with a lower approval rating than the Pennsylvania Legislature was the Catholic Church. Polite laughter from the audience turned to boos. On Twitter, the consensus was that Trebek should stick to his day job.
Tennessee: In Tennessee Senate Race, Financial Missteps Linger in the Background
New York Times – Danny Hakim | Published: 10/3/2018
U.S. Rep. Marsha Blackburn, the Republican candidate for an open Senate seat in Tennessee, has faced questions about her spending practices. In her years as a member of Congress, she has paid out more than $370,000 from her campaign funds to her daughter and son-in-law or firms they control. Her campaigns have received 54 requests for additional information from the FEC since 2002, and in a 2008 audit, the campaign admitted receiving nearly $400,000 in unreported contributions and expenditures. Her opponent, Phil Bredesen, has had his own financial misstep. A longtime booster of the solar industry as governor, he started a solar company with two of his aides during his last year in office. After he left office, the business went on to reap some of the tax breaks the Bredesen administration had put in place.
Vermont: Governor’s Business Ties Violate State Ethics Code, Commission Finds
VTDigger.org – Mark Johnson | Published: 10/2/2018
Vermont Gov. Phil Scott violated the ethics code by maintaining an ongoing financial relationship with a company doing business with the state, according to the Vermont State Ethics Commission. Under political pressure, Scott sold his interest in Dubois Construction back to the company after he took office in 2017. Scott received no cash at the time of the transaction and is still owed $2.5 million by the company. The commission said the conflict arose when Dubois won a two-year contract for $250,000 in 2017, which the panel said “provides significant income to the company, and directly assists the company in meeting its financial obligation to the public official.”
Washington: Washington Court Upholds Fine Against Anti-GMO Group
Capital Press – Don Jenkins | Published: 10/3/2018
An appeals court affirmed that Food Democracy Now must pay a $319,281 fine for not reporting the names of more than 7,000 donors who supported a food labeling initiative in 2013. The court rejected the group’s argument that it should not have been convicted because it did not intentionally hide the donations. Judge Rich Melnick said the law does not make an exception for unintentionally concealing the source of campaign contributions. The fine stemmed from Initiative 522, which would have required food and beverage makers to label products with genetically modified ingredients.
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