National:

For Women on the 2018 Campaign Trail, ‘Sexism’ Is No Longer a Forbidden Word
Connecticut Post – Avi Selk (Washington Post) | Published: 9/21/2018

Several women in high-profile national races this year have broken from decades-old conventional wisdom that cautioned female candidates against complaining of sexism, lest they be painted as weak or angry or to being accused of playing what Donald Trump called “the woman card” during his presidential campaign. Celinda Lake, a Democratic pollster, conducted a survey in 2012 that found fears of a backlash against speaking up were unfounded. But not until this cycle – after Trump’s win and the subsequent #MeToo movement to out powerful men accused of sexual assault – has she seen female candidates do so in numbers.

Federal:

‘Can You Do This?’: Russia probe conflicts rampant among Rosenstein replacements
Politico – Darren Samuelsohn and Josh Gerstein | Published: 9/27/2018

President Trump may think he is getting rid of a problem if he pushes Deputy Attorney General Rod Rosenstein out of the Justice Department. But cleaning house will hardly end the president’s headaches from special counsel Robert Mueller’s investigation into Russian election meddling and whether the Trump campaign coordinated with Moscow on its efforts. Several administration appointees in line for Rosenstein’s role overseeing Mueller’s probe come with their own baggage, from direct involvement in the investigation to recent work at law firms with clients mired in the inquiry.

Obama White House Counsel Gregory Craig Under Scrutiny by Prosecutors in Offshoot of Mueller Probe
Washington Post – Tom Hamburger | Published: 9/23/2018

Federal prosecutors have stepped up their investigation of prominent Washington, D.C. attorney Gregory Craig for work he conducted at his former law firm on behalf of the Ukrainian government in 2012, an effort coordinated by Paul Manafort. Craig’s case, and that of two Washington lobbyists who worked with Manafort on Ukrainian matters, were referred to federal prosecutors in New York, who appear to be focused on whether the three failed to register as foreign agents while working with Manafort’s Ukrainian clients. The investigation of Craig, along with lobbyists Vin Weber and Tony Podesta, has shaken K Street’s lobbying and legal community, which until recently had faced little scrutiny of its representation of foreign clients.

Political Nonprofits Seek Answers After Court Decision Targeting ‘Dark Money’
Washington Post – Michelle Ye Hee Lee | Published: 9/21/2018

Nonprofit advocacy groups historically have not been required to publicly disclose their donors, as political committees must. But a federal judge threw out a rule that allowed the groups to withhold donors’ identities, broadening the type of donors who would now be subject to disclosure. The U.S. Supreme Court declined to intervene in the case. The decision will no doubt shed more light on the contributors to politically active nonprofits, although exactly how much is uncertain as groups and federal officials take stock of the decision. In the absence of new regulation, nonprofit groups are left in a gray area, which could lead to new methods of avoiding disclosure and maintaining donor privacy.

From the States and Municipalities:

Alabama: Reform Panel to Vote on Changes to Alabama Ethics Law
AL.com – Mike Cason | Published: 9/20/2018

The Alabama Code of Ethics Clarification and Reform Commission will vote on proposals to amend the state ethics law at its next meeting in October, which will be sent to lawmakers. The Alabama Court of Criminal Appeals recommended the Legislature clarify the definition of a lobbying “principal” in its ruling upholding ethics convictions against former House Speaker Mike Hubbard. The court said it believed the law was applied correctly in Hubbard’s case but could envision other cases where the definition was problematic. The definition is important because the law places restrictions on principals like it does on lobbyists, such as prohibitions on giving money or gifts to public officials.

Florida: NRA Sway: For Florida officials, it’s always Hammer time
Tampa Bay Times – Steve Contorno | Published: 9/21/2018

Those who work in the Florida agency that oversees gun permits never know when National Rifle Association (NRA) lobbyist Marion Hammer will command their attention, or what about. Nights, weekends, and even holidays, she sends messages to senior department officials with complaints and demands. They often respond within minutes. Hammer’s singular power over Florida lawmakers, especially Republicans, is the stuff of Tallahassee legend. Yet according to a review of hundreds of Hammer’s emails with the state Department of Agriculture, her sphere of influence stretches far beyond gun legislation. Emails from 2014 to 2017 show the lobbyist involves herself in a wide array of day-to-day tasks of an agency that was accused five years ago in a lawsuit of being run by the NRA.

Illinois: Cook County OK to Restrict Campaign Cash from Lawyers, Others Seeking ‘Official Action,’ Appeals Court Says
Cook County Report – Jason Bilyk | Published: 9/25/2018

A state appellate court ruled Cook County has the power to make ethics rules that apply to county officers, finding the board of commissioners did not overstep in prohibiting real estate lawyers and others from contributing to the campaigns of county officials when they are seeking “official action” from the county.  While the county has for decades used its ethics ordinance to place limits on who can give money to county officials, and how much they can donate to their campaigns, the ordinance was amended in 2016 to extend restrictions which had been applied previously to lobbyists and contractors, now to reach “persons seeking official action from the county.”

Missouri: Clean Missouri Will Be on November Ballot After High Court Refuses to Hear Challenge
Kansas City Star – Alison Kite | Published: 9/24/2018

The Missouri Supreme Court will not reconsider a ruling allowing voters to decide on a ballot measure that would reform the state’s ethics laws. The decision reaffirms a state appeals court ruling letting the so-called Clean Missouri initiative appear on the November ballot as Constitutional Amendment 1. Opponents had claimed the initiative violates the state constitution by addressing too many topics. The measure would lower campaign contribution limits, eliminate nearly all lobbyist gifts, require a waiting period before lawmakers and their staffers can become lobbyists, and open legislative records. It also would turn the task of drawing legislative district maps over to a nonpartisan expert and reviewed by a citizen commission.

New York: Crystal Run Did Raise a Red Flag
WRAL – Chris Bragg (Albany Times Union) | Published: 9/25/2018

In a meeting with The Albany Times Union editorial board, New York Gov. Andrew Cuomo emphatically stated that Crystal Run Healthcare, had never warned his campaign of potential problems with its $400,000 in donations. Moreover, the governor said if the company had done so, Crystal Run would have effectively “admitted to a crime.” But in response to the newspaper’s questions about Cuomo’s statement, his campaign acknowledged what the governor said that day was not true: Crystal Run had indeed approached the campaign with concerns about its contributions. The FBI and the U.S. attorney’s office in Manhattan have been investigating whether 10 separate $25,000 checks from Crystal Run officials to Cuomo in October 2013 were reimbursed by the company through bonuses. If that occurred, it could violate state election law.

New York: Percoco Sentenced to Six Years for Corruption
Albany Times Union – Robert Gavin | Published: 9/20/2018

A judge sentenced Joseph Percoco, a former top aide to New York Gov. Andrew Cuomo, to six years in federal prison for accepting more than $320,000 in bribes from businesspeople looking to buy influence with state. The bulk of the bribes came in the form of a “low-show” job given to Percoco’s wife by an energy company that wanted to build a power plant in the Hudson Valley. While prosecutors did not accuse Cuomo of any wrongdoing, the trial cast a shadow over his administration, especially in light of early campaign promises when he was first elected to clean up Albany.

North Carolina: NC House Speaker Tim Moore’s Legal Contract with Start-Up Raises Questions
Raleigh News and Observer – Dan Kane | Published: 9/25/2018

A short time into Anne Whitaker’s tenure as chief executive officer of KNOW Bio, a pharmaceutical start-up, she learned of a legal services contract given to an attorney she had never heard of for services she felt were of questionable value for a company that was barely a year old. The lawyer was North Carolina House Speaker Tim Moore. When she learned the details of his contract and his work, which struck her as federal lobbying, Whitaker said she terminated it with the support of company board members. Whitaker said KNOW Bio’s co-founder, Neal Hunter, had given Moore the contract. What Whitaker said she did not know is that Moore, as the powerful Rules Committee chairperson, had earlier helped Hunter with a controversial development that was in danger of failing.

Oklahoma: Oklahoma Ethics Commission Hit with Federal Lawsuit Over Gift Rules
The Oklahoman – Nolan Clay | Published: 9/26/2018

The Institute for Justice is asking a federal judge to find Oklahoma’s gift-giving restrictions do not apply to informational materials. Over the last few years, the state Ethics Commission has imposed stricter rules on what lobbyists and the organizations they represent can give to lawmakers and other state officials. Under the current rules, the institute could give a book to a state government official in recognition of a special occasion like election to office if the book costs $100 or less. It also could give a state official a $10 book once a year. In light of those limitations, it is “effectively impossible” for the organization to distribute a copy of the book “Bottleneckers: Gaming the Government for Power and Private Profit,” which is valued at $15, to educate lawmakers, the institute’s attorneys said.

Oklahoma: Oklahoma Supreme Court Rejects Ethics Commission Request for More Money
The Oklahoman – Nolan Clay | Published: 9/25/2018

The Oklahoma Supreme Court rejected the state Ethics Commission’s request for more funding. The commission chairperson has accused legislators of cutting the agency’s appropriation because stricter rules had been imposed on their conduct. The commission asked the justices to take action to get it enough money to perform at least its basic duties. It complained lawmakers have underfunded it for years in violation of the Oklahoma Constitution. To avoid running out of money, the commission is now charging candidates, lobbyists, PACs, and others more to register.

Tennessee: Nashville Judge Rules Against State in Lawsuit Over ‘Blackout Period’ for PACs
The Tennessean – Joey Garrison | Published: 9/27/2018

Davidson County Chancellor Ellen Hobbs Lyle struck down a Tennessee law that prohibits nonpartisan PACs from giving campaign contributions within 10 days of an election. Under the law, only committees controlled by a political party have been able to donate to candidates 10 days out from an election. “Elected officials and political parties cannot lawfully censor disfavored political speakers while reserving special treatment in the political process for themselves,” said Daniel Horwitz, an attorney for Tennesseans for Sensible Election Laws. Deputy Attorney General Janet Kleinfelter said the state intends to appeal the decision.

National:

These State Lawmakers Are Running Unopposed, but Still Rake in Campaign Cash
Center for Public Integrity – Sanya Mansoor, Liz Essley Whyte, and Joe Yerardi | Published: 9/19/2018

There are at least 26 legislative leaders in statehouses across America who are collecting campaign donations despite running unopposed this year. The safe lawmakers represent an attractive prospect for lobbyists and power-seekers: the sure bet. Contributions to these influential politicians can buy face time and favor with those who set state legislative agendas, experts say. The money also compounds their power. Legislative leaders use their accounts to buy presents to thank supporters, for example, or give to fellow lawmakers’ campaigns to reward them for voting with their party.

Federal:

Foreign Lobbying Overhaul Loses Steam in Congress
Politico – Marianne Levine and Josh Gerstein | Published: 9/17/2018

Amid partisan clashes and pushback from foreign-owned companies, the push to strengthen the Foreign Agents Registration Act (FARA) appears to be going nowhere as multiple bills have stalled. Foreign companies with American subsidiaries feared the changes would force their lobbyists to register as foreign agents, which would require them to disclose every meeting and phone call they made on behalf of overseas clients rather than under the less-restrictive disclosure rules for domestic lobbyists. “There’s these very fierce efforts to maintain the status quo,” said U.S. Rep. Mike Johnson, one of the lawmakers pushing to overhaul FARA.

Manafort Plea Deal Casts New Scrutiny on Lobbyists He Recruited
WRAL – Kenneth Vogel (New York Times) | Published: 9/14/2018

Paul Manafort recruited the Podesta Group and Mercury Public Affairs to aide a pro-Russian nonprofit in Ukraine, an arrangement intended to obscure the identity of the ultimate beneficiary of the lobbying, Ukrainian President Viktor Yanukovych. Relying on the word of the Ukrainian group, the firms initially registered their representation under congressional lobbying disclosure rules. Now, that work, and the decision not to disclose it under the Foreign Agents Registration Act, has turned the Podesta Group and Mercury, along with Skadden, Arps, Slate, Meagher & Flom, into subjects of interest in a series of probes. The new evidence was included in updated charges filed against Manafort in connection with his guilty plea. The evidence Robert Mueller’s team unveiled could help prosecutors in New York build cases against the firms.

Political Nonprofits Must Now Name Many of Their Donors Under Federal Court Ruling after Supreme Court Declines to Intervene
Chicago Tribune – Michelle Ye Hee Lee and Robert Barnes (Washington Post) | Published: 9/18/2018

The U.S. Supreme Court denied a request from a conservative political group to temporarily block a lower court ruling which would force it to disclose its donors. The request for a stay had initially been entered by Chief Justice John Roberts after Crossroads GPS disputed an earlier ruling that invalidated an FEC regulation allowing donors to remain anonymous. In the order from the full court, the justices refused to further delay the U.S. District Court for the District of Columbia’s decision to invalidate the regulation. The original decision required “dark-money” groups that spend at least $250 in independent expenditures to report every donor who gave at least $200 in the past year.

Senate Candidates to Start Electronically Filing Campaign Finance Reports, Pending President Approval
Center for Responsive Politics – Kaitlin Washburn | Published: 9/19/2018

Federal lawmakers passed a bill that would require U.S. Senate candidates to file their campaign finance disclosures directly to the FEC, rather than on paper with the secretary of the Senate. The provision is part of a larger appropriations bill that now awaits President Trump’s signature. House of Representatives and presidential candidates have been electronically filing their disclosure reports since 2001. The Center for Public Integrity found numerous mistakes produced by the Senate’s archaic system. The investigation found errors in more than 5,900 candidate disclosures and were all traced back to the conversion of paper filings to electronic data.

Ted Cruz’s Campaign Marked a Fund-Raising Letter an Official ‘Summons.’ It Wasn’t Against the Rules.
WRAL – Liam Stack (New York Times) | Published: 9/17/2018

The FEC said U.S. Sen. Ted Cruz’s re-election campaign did not violate any regulations when it sent out a fundraising letter designed to look like a legal summons. “SUMMONS ENCLOSED –OPEN IMMEDIATELY,” is written across the front in capital letters. The envelope does state the letter is from a campaign and includes a return address for the Cruz campaign’s Houston post office box. FEC spokesperson Myles Martin said the relevant question was whether a mailing contains a disclaimer saying it came from a political campaign. Aside from that, Martin said, “the FEC’s regulations don’t speak to how candidates may choose to word particular solicitations to potential contributors.” Cruz is locked in an unexpectedly tight race against U.S. Rep. Beto O’Rourke.

From the States and Municipalities:

Georgia: Court Declines to End Paperless Voting in Georgia Before Midterms
Politico – Eric Geller | Published: 9/18/2018

U.S. District Court Judge Amy Totenberg ruled Georgia need not replace paperless voting machines before the midterm elections, dealing a blow to security activists even as the judge acknowledged the machines are not secure and continuing to use them may infringe on voters’ constitutional right to a free and fair election. Switching to paper at this late date, state and county officials argued, would throw the election into chaos and cause voter confusion. The case will now proceed and deal with the plaintiffs’ constitutional arguments, and Totenberg warned Secretary of State Brian Kemp that his concerns about a chaotic election s will “hold much less sway in the future.”

Illinois: U.S. Appeals Court Upholds Illinois Campaign Finance Limits
State Journal-Register (Associated Press) | Published: 9/13/2018

A federal appeals court upheld Illinois’ campaign contribution limits. The Seventh Circuit U.S. Court of Appeals ruled the caps set in a 2009 law do not violate First Amendment free-speech rights. Illinois Liberty PAC had argued limits on individuals’ contributions should not be lower than those for corporations or unions.

Missouri: In Latest Legal Twist, Ethics Reform Question Back on Missouri Ballot
St. Louis Post-Dispatch – Kurt Erickson | Published: 9/18/2018

A state appeals court put an ethics reform package back on the November ballot. The Missouri Western District Court of Appeals ruled that Amendment 1 can stay on the ballot pending future court decisions. The referendum asks whether voters want to tighten campaign contribution limits, ban lobbyist gifts, institute a two-year waiting period for lawmakers-turned-lobbyists, start a new redistricting system in 2020, and require lawmakers to adhere to the Sunshine Law.

Nevada: Las Vegas Judge Nullifies Results of Republican Election
Las Vegas Review-Journal – Ramona Giwargis | Published: 9/18/2018

Jason Burke defeated Mack Miller by 122 votes in the June 12 primary for a seat in the Nevada Assembly, but Clark County District Judge Jim Crockett signed an order that nullified the election, saying Burke did not file campaign finance reports on time. State law states an election may be contested if the winner was not eligible for office, illegal votes were cast, or valid votes were not counted. The secretary of state’s office said the failure to file campaign finance reports is not an automatic disqualifier.

New York: Watchdog’s Bark Silent for Cuomo
WRAL – Chris Bragg (Albany Times Union) | Published: 9/18/2018

When a sworn complaint is filed with New York Joint Commission on Public Ethics (JCOPE), the law requires the agency to send any subject of such an ethics complaint a letter outlining possible legal violations and giving them 15 days to respond. Sworn complaints have been submitted requesting that JCOPE launch investigations Joseph Percoco’s possible use of government resources while he was managing Gov. Andrew Cuomo’s 2014 campaign, as well as the governor’s potential knowledge of those activities. But the Cuomo administration and campaign have not received a 15-day letter from JCOPE. David Grandeau, the state’s former top lobbying official, said that means there is “now no doubt that JCOPE is not following the law.”

Pennsylvania: Pennsylvania’s Ban on Gambling Contributions Struck Down
PennLive.com – Marc Levy (Associated Press) | Published: 9/19/2018

U.S. District Court Judge Sylvia Rambo overturned Pennsylvania’s ban on political contributions from people involved in the gaming industry, ruling the law aimed at curbing the influence of casino interests was too broad. But the judge did not close the door on lawmakers reviving a similar prohibition that is narrower in scope and tailored to the purpose of fighting corruption. The U.S. Supreme Court, Rambo wrote, has ruled that preventing corruption, or the appearance of corruption, is the only appropriate reason to justify restrictions on political donations. The Pennsylvania Supreme Court threw out the ban in 2009, which initially outlawed large campaign contributions from key parties in the gaming industry. Lawmakers responded by banning all donations.

National:

Republicans Running for Governor Look for Success in Unlikely Places: Blue states
Washington Post – Tim Craig | Published: 9/9/2018

Democrats are becoming concerned as moderate Republican candidates are proving to be resilient in unexpected places, even as much of the GOP shifts to the right. With 36 gubernatorial races on the ballot nationwide, Democrats are still expected to make gains in statehouses this year. But recent polls suggest Republicans Larry Hogan of Maryland, Charlie Baker of Massachusetts, and Phil Scot and of Vermont, all up for re-election this fall in states carried by Hillary Clinton in 2016, remain among the most popular governors in the country and are favored to win re-election. Their success in winning and governing as moderates is serving as a model for GOP candidates elsewhere, including in Rhode Island and Oregon, where officials in both parties say the governor’s race is competitive.

Viral Videos Are Replacing Pricey Political Ads. They’re Cheaper, and They Work.
MSN – Jeremy Peters and Sapna Maheshwari (New York Times) | Published: 9/11/2018

The wave of female, minority, and outsider candidates that is breaking cultural barriers and toppling incumbents in the Democratic Party is also sweeping aside a longstanding norm in campaigns: that the public image of politicians, especially women, should be upbeat and conventional. For many of these Democrats who were running against better-financed rivals, the breakthrough moment came after they got personal in relatively low-cost videos that went viral, reaching millions of people. Using documentary-style storytelling, candidates have found a successful alternative to the traditional model of raising huge sums of money that get spent on expensive television commercials.

Federal:

Activists Raised $1 Million to Defeat Susan Collins If She Votes for Kavanaugh. She Says It’s Bribery.
Washington Post – Eli Rosenberg | Published: 9/11/2018

U.S. Sen. Susan Collins of Maine, a centrist Republican, is seen as a swing vote in Brett Kavanaugh’s nomination to the Supreme Court. She has said she would not vote to confirm a nominee who was hostile to Roe v. Wade. So, a group of liberal activists in Maine created an unusual crowdfunding campaign to influence Collins: they raised money in the form of pledges they said they would give to whoever decided to challenge her re-election in 2020. Donors’ credit cards will only be charged if she votes to confirm Kavanaugh. At least one ethics expert said it may violate federal bribery statutes, which prohibit giving or offering anything of value to government officials in exchange for any acts or votes.

Campaigns, Parties Can Accept Free Service From Microsoft, FEC Says
Roll Call – Stephanie Aiken | Published: 9/10/2018

The FEC ruled Microsoft may offer special cybersecurity assistance to candidates without violating rules against corporate contributions. One watchdog group called it an unprecedented opening for corporations looking to influence lawmakers and skirt campaign finance laws. Federal election law prohibits companies from providing free services to lawmakers. But the FEC would make an exception in this case, it ruled, because Microsoft would be acting out of business interests and not trying to curry favor. The decision also noted Microsoft has promised to offer the services “on a non-partisan basis.” Opponents of the change said the exception was too broad.

In an Increasingly Diverse House, Aides Remain Remarkably White
WRAL – Nicholas Fandos (New York Times) | Published: 9/11/2018

U.S. House aides write federal policy, oversee the administration of government, and shape the public’s view of Congress. But the top staff members of the House are far less racially diverse than the country itself, or even the lawmakers who employ them. Approximately 14 percent of top staff members in the House are people of color. That compares with 38 percent of the country and 23 percent of the House. Of the 40 top Democratic and Republican aides who lead the staffs of committees, only six are nonwhite. “The House of Representatives cannot effectively create public policy that benefits all Americans if the people making policy decisions do not look like all of America,” said Spencer Overton, the president of the Joint Center for Political and Economic Studies, which released the study.

From the States and Municipalities:

California: Banning Man Wins $220,000 from State Political Watchdog Panel
Riverside Press-Enterprise – Craig Schultz | Published: 9/7/2018

Frank Burgess was awarded more than $200,000 in legal fees after a court found the California Fair Political Practices Commission (FPPC) violated his Constitutional protections related to a fine levied against him as a member of a nonprofit hospital board. Burgess was fined $5,000 by the FPPC for trying to convince other members of the San Gorgonio Hospital board to continue doing business with his son’s moving and storage company. Burgess argued that as a nonprofit board, members did not fall under the Political Reform Act. A Superior Court judge overturned the fine, agreeing with Burgess’s contention that he had been denied due process because he had no forewarning he was considered a public official.

California: Koch-Backed Charity Must Reveal Donor List to California Officials, Appeals Panel Rules
Connecticut Post – Michelle Ye Hee Lee (Washington Post) | Published: 9/11/2018

A federal appeals court ruled the charity Americans for Prosperity (AFP) Foundation, which is linked to billionaire Charles Koch, must disclose its donors to California officials. The foundation had argued the state’s rules requiring filing of the donor list violate the First Amendment by discouraging individuals from giving and by exposing them to threats and harassment. The case could test the ability of state agencies to compel nonprofits to disclose the identities of their donors, particularly ones that are tied to “social welfare” nonprofits, commonly referred to as “dark money” groups. One such group is Americans for Prosperity, the main political arm of the influential Koch network. AFP Foundation, a sister organization, is a charity that focuses on education and research.

Colorado: Colorado’s Independent Ethics Commission on Uncertain Course
Colorado Springs Gazette – Marianne Goodland | Published: 9/10/2018

Critics say the Colorado Independent Ethics Commission’s (IEC) structure, staffing, and funding make it impossible for the public to have any confidence that ethics issues – whether it is investigations into potential violations, training for government employees, or guidance – are handled in a logical or even timely manner. The monthly commission meetings focus on complaints and advisory opinions. But most of the meetings are conducted in executive sessions behind closed doors. During those sessions, commissioners decide which complaints are frivolous and then will make public what they have decided. Between 2008 and 2017, the IEC received 196 complaints. All but 20 were dismissed as frivolous, out of the IEC’s jurisdiction, or withdrawn. Whether those complaints were truly frivolous will never be known.

Iowa: Iowa Governor Flew to Game on Vendor’s Plane
Associated Press – Ryan Foley | Published: 9/12/2018

Gov. Kim Reynolds received approval from Iowa Ethics and Campaign Disclosure Board Director Megan Tooker to fly with her family to Iowa State’s bowl game last year free of charge on the jet of a state vendor. Reynolds accepted the trip as a campaign donation from Sedgwick’s chief executive officer, who says he reimbursed his company for the plane’s use. The governor’s office said “bona fide campaign events” would take place during the half-day trip. Tooker said in December the governor could accept the flight, although Tooker now says she was unaware the airplane was owned by Sedgwick. Tooker also says she does not know what campaign activity Reynolds engaged in during the trip, which would be required for the flight to be considered an allowable campaign contribution instead of an illegal gift.

Kentucky: What’s Bevin Hiding? Worker Who Got $215K Raise Is His Old Army Buddy
Louisville Courier-Journal – Tom Loftus and Morgan Watkins | Published: 9/12/2018

When Kentucky Gov. Matt Bevin wanted a new state chief information officer, he did not do a national search – he hired an old Army buddy and longtime business associate last October at a salary that now leads the nation for similar state. Some state lawmakers were stunned when it was reported Bevin gave Charles Grindle a $215,000 pay raise, an unusual 134 percent increase after less than a year on the job. Neither Bevin nor Grindle have responded to requests for information about their relationship and any role it might have played in Grindle’s hiring and rapid increase in pay. A former official of the Commonwealth Office of Technology said Grindle spoke openly about his long friendship with Bevin and that he had worked for Bevin in an unspecified capacity before going on the state payroll.

Maryland: Baltimore Ethics Board Rejects Mayor Pugh’s Request for Sweeping Exemption from Fundraising Rules
Baltimore Sun – Ian Duncan | Published: 9/7/2018

The Baltimore Board of Ethics rejected Mayor Catherine Pugh’s request to be exempted from rules that bar city employees from raising money for charitable causes without prior approval. Pugh was seeking a waiver so she could solicit funds from private donors that would help pay for her administration’s social programs and other community initiatives. The board said it was unwilling to grant a blanket exception to Pugh, who could still seek waivers on a case-by-case basis. Pugh;’s office said she needed the new fundraising powers to bolster the city’s existing budget. Board member Stephan Fogleman said he was concerned the waiver the mayor sought would have made it difficult for the public to know what she was raising money for.

Michigan: Why This U-M Regent Just Returned Thousands in Campaign Donations
Detroit Free Press – Matthew Dolan and David Jesse | Published: 9/13/2018

Wealthy alumni who have sway over the University of Michigan’s $11billion endowment have given thousands in campaign donations to members of the university’s governing board. A review of state records shows two members of the university’s elected Board of Regents accepted in total nearly $30,000 in contributions from donors associated with funds receiving university investments. In addition, a family who helps guide the university’s investment strategy gave more than $29,000 to the board’s longest-serving member. To critics, some of the donations could pose a conflict-of-interest. Regent Andrea Fischer Newman pledged to return thousands of dollars in campaign contributions from three wealthy businesspeople who help control millions of dollars in university investments.

Missouri: Court Affirms Major Blow to Missouri Amendment Restricting Campaign Donations
St. Louis Public Radio – Jason Rosenbaum | Published: 9/10/2018

A federal appeals court upheld a lower court ruling that Missouri’s ban on donations from one PAC to another is unconstitutional. The Eighth Circuit U.S. Court of Appeals ruled the ban on PAC-to-PAC giving violates committees’ right to free speech. The appeals court ruled the Missouri Ethics Commission failed to show PAC-to-PAC contributions would breed corruption because the groups are not controlled by a candidate and operate independently from any party running for political office. The decision permanently stops the commission from enforcing the ban.

Ohio: Ethics Panel Imposes Stricter Rules on Ohio Lawmaker Travel
WOSU – Jo Ingles | Published: 9/11/2018

The Ohio Joint Legislative Ethics Committee said lawmakers and their employees cannot accept travel expenses from lobbyists unless those result from participation in a panel, seminar, or speaking engagement or were incurred at a meeting of a national organization of which any state agency is a dues paying member. When it comes to sharing rides with lobbyists for personal travel, starting immediately, lawmakers must reimburse the cost of their travel within a week.

Washington: Washington AG to Press for $18 Million Fine Against Foodmakers
Capital Press – Don Jenkins | Published: 9/6/2018

Washington Attorney General Bob Ferguson said his office will seek to restore an $18 million fine against the Grocery Manufacturers Association (GMA), which an appeals court overturned recently. The court upheld GMA’s conviction and left in place a $6 million judgment for shielding the names of food and beverage companies that contributed to a campaign against a GMO-labeling initiative in 2013. The court ruled, however, that a lower court judge erred by finding that GMA intentionally broke the law and tripling the penalty. Even at $6 million, the fine would be the largest campaign finance penalty in U.S. history.

National:

Cities Take Aim at the Spiraling Costs of Local Elections
CityLab – Sarah Holder | Published: 9/4/2018

Several of the nation’s largest cities – including Portland, Denver, and Baltimore – are attempting to overhaul their campaign finance systems by reducing contribution limits or establishing public financing projects that make each donated dollar go further, or both. Candidates, especially those running for the first time against incumbents, are hopeful the measures will level the playing field. Jo Ann Hardesty, who is running for the Portland City Council this November, said the reforms would help her and others focus on running, not campaigning: “It will force me not to spend so much time on the phone trying to raise money, and it means that regular people can run and serve.”

Twitter Will Begin Labeling Political Ads About Issues Such as Immigration
Chicago Tribune – Tony Romm (Washington Post) | Published: 8/30/2018

Twitter announced it would begin labeling political advertisements as part of a new effort to increase transparency on its platform. The company said it will move to identify electioneering ads, which the FEC defines as ads promoting a specific candidate or a party within 30 days of a primary election and 60 days of a general election. Such labeling would include some kind of signifier, like a purple dot noting the tweet is prompted by a political account, according to a potential mockup the company included in a post announcing the changes.

Federal:

Company Using Foreign Workers Botches U.S. Senate Campaign Finance Records
Center for Public Integrity – Rosa Cima | Published: 9/5/2018

Unlike those running for the presidency and House, U.S. Senate candidates do not file campaign finance reports electronically. They file on paper, which must then be converted to electronic documents in a process that involves two government agencies, three private companies, and countless low-paid workers, many of them overseas, and some who may be hostile toward American interests. This document conversion process often spits out bogus, yet official public records that mislead the public and obscure who is funding Senate campaigns. An investigation found errors in more than 5,900 candidate disclosures representing over $70 million, all of them traceable to the U.S. government’s conversion of paper into electronic data.

Former Manafort Associate Reveals Illegal Foreign Payment to Trump’s Inauguration
Politico – Kyle Cheney and John Meyer | Published: 9/1/2018

W. Samuel Patten pleaded guilty to failing to register as a foreign agent for a Ukrainian political party. He also admitted to lying to the U.S. Senate intelligence committee during its investigation into Russian election interference and of participating in a scheme to circumvent the ban on foreign donations to President Trump’s inaugural committee by lining up a straw purchaser to pay $50,000 for tickets to the inauguration. This is the first time the Justice Department has publicly charged a person for helping a foreigner secretly funnel money into a Trump political event. The case was referred by special counsel Robert Mueller to the U.S. attorney in Washington, D.C. Patten’s plea agreement requires him to cooperate with the special counsel’s probe.

From the States and Municipalities:

Arkansas: Former Sen. Woods Sentenced to More Than 18 Years in Prison
talkbusiness.net – Jeff Della Rosa | Published: 9/5/2018

Former Arkansas Sen. Jon Woods was sentenced to more than 18 years in federal prison forhis involvement in a widespread kickback and bribery scheme. He also was ordered to pay $1.6 million in restitution. Woods was convicted in schemes involving Ecclesia College and AmeriWorks, a nonprofit company. He received kickbacks on $350,000 in state General Improvement Fund grants he directed to Ecclesia and $275,000 in grants he sent to AmeriWorks. Prosecutors did not specify how much money Woods received in kickbacks because all but a $40,000 wire transfer was paid in cash.

California: As the Legislative Year Ends, the #MeToo Movement Shows Its Influence
Los Angeles Times – Melanie Mason | Published: 9/3/2018

The #MeToo campaign launched a discussion about a culture of fear and retaliation at the Capitol in Sacramento, which women said had discouraged them from reporting pervasive harassment and allowed it to go unpunished. When the Legislature reconvened in January, two members had already resigned amid accusations of sexual misconduct and complaints had been lodged against three others. Lawmakers passed more than a dozen bills addressing workplace sexual harassment by the close of the two-year session. Experts said these measures could make California a national leader on the issue. The Legislature also spent months developing a new process for handling its own investigations of inappropriate behavior.

Illinois: State Farm Pays $250 Million, Ducks Trial Over Allegations It Tried to Rig Illinois Justice System
Chicago Tribune – Tim Bross, Margaret Cronin Fisk, and Jef Feeley (Bloomberg) | Published: 9/5/2018

State Farm reached a $250 million preliminary settlement in a class-action lawsuit claiming the insurance company funneled money to the campaign of Illinois Supreme Court Justice Lloyd Karmeier in 2004. In the 2005 case of Avery v. State Farm, Karmeier cast the deciding vote to reverse a $1 billion judgment against State Farm for its use of aftermarket car parts in repairs. The class-action lawsuit sought nearly $10 billion from State Farm. The plaintiffs alleged the company covertly supported Karmeier’s campaign to secure his win and reversal of the Avery decision. The suit claimed millions of dollars were funneled through donations to the U.S. Chamber of Commerce, which then sent the money to a PAC and the Illinois Republican Party for use in Karmeier’s campaign.

Kentucky: Father of Alison Lundergan Grimes Indicted in Campaign Finance Conspiracy
McClatchy DC – Daniel Desrochers and Bill Estep (Lexington Herald-Leader) | Published: 8/31/2018

The father of Kentucky Secretary of State Alison Lundergan Grimes was indicted for illegally funneling nearly $200,000 to his daughter’s 2014 U.S. Senate campaign to pay for various services. Gerald Lundergan used funds from his own company to pay for “audio-video production, lighting, recorded telephone calls, and campaign consulting between July 2013 and December 2015,” the Justice Department said in a press release. Lundergan and the campaign vendor to whom he made the payments, who was also indicted, concealed their arrangement from officials on the campaign, causing it to file financial records to the FEC, according to the indictment.

Massachusetts: SJC Upholds Massachusetts’ Ban on Corporate Campaign Contributions
MassLive.com – Shira Schoenberg | Published: 9/6/2018

The Supreme Judicial Court upheld Massachusetts’ ban on corporate campaign donations, finding the prohibition does not violate First Amendment rights and can help prevent actual and perceived corruption. The law bans corporations from giving directly to candidates or establishing PACs but allows them to make unlimited independent expenditures, with certain disclosure requirements. The plaintiffs argued the law violates their right to free speech and unfairly applies to corporations but not to other entities like unions and nonprofits. Chief Justice Ralph Gants wrote it would be “unrealistic for a court to require the Legislature to wait for evidence of widespread quid pro quo corruption resulting from corporate contributions before taking steps to prevent such corruption.”

New York: Mayoral Charter Revision Commission Puts Three Questions on November Ballot
Gotham Gazette – Samar Khurshid | Published: 9/5/2018

The charter revision commission created by New York City Mayor Bill de Blasio voted to put three questions on the ballot in November. If approved by voters, the proposals would significantly reduce campaign contribution limits in city elections, create a new agency to civically engage the public, and apply term limits and appointment reforms to community boards. One proposal would reduce contribution limits for public financing participants as well for those who do not join the program. It would also increase the matching ratio to eight-to-one for the first $250 raised by a citywide candidate and for the first $175 raised for all other seats.

North Carolina: Court Won’t Force North Carolina Redistricting This Year
Politico – Josh Gerstein | Published: 9/4/2018

A panel of three federal judges ruled North Carolina’s current congressional map can be used in the 2018 midterms, despite previously ruling the map is a partisan gerrymander. The judges said there was “insufficient time” for the court to approve a new map in time for the elections that are two months away. Both the plaintiffs and the defendants in the case had asked that a new map not be imposed on the state for the current election cycle.

North Carolina: Justice Dept. Demands Millions of North Carolina Voter Records, Confounding Elections Officials
New York Times – Richard Fausset and Michael Wines | Published: 9/5/2018

Federal prosecutors issued subpoenas demanding that millions of North Carolina voter records be turned over to immigration authorities by September 25. The subpoenas threatened to sow chaos in the state’s election machinery, while renewing the Trump administration’s discredited claims of widespread voting by illegal immigrants. The subpoenas were issued a week after federal officials announced that 19 noncitizens in North Carolina had been charged with casting illegal votes in the 2016 election. Critics say those arrests hardly constitute a wave of voter fraud worthy of such a broad demand for documents. And they raised concerns about privacy: among the prosecutors’ demands are millions of secret ballots cast by absentee and early voters whose identities could be easily traced.

Pennsylvania: Ex-Reading Mayor Vaughn Spencer Guilty on All Counts
Allentown Morning Call – Peter Hall | Published: 8/30/2018

A jury convicted former Reading Mayor Vaughn Spencer on 11 counts related to a “pay-to-play” scheme in which federal prosecutors said he traded public works contracts for campaign contributions and bribed the city council president to repeal a law limiting how much campaign money he could accept. The jury heard witnesses testify that Spencer and his campaign staff tied the award of public works contracts to donations from engineering firm executives to Spencer’s re-election campaign. His former chief of staff and campaign fundraiser also testified about Spencer’s role in making a “forgivable loan” to the wife of council President Francisco Acosta to ensure he followed through on legislation to repeal or suspend the city’s campaign reporting law.

Texas: Beto O’Rourke Dreams of One Texas. Ted Cruz Sees Another Clearly.
WRAL – Matt Flegenheimer (New York Times) | Published: 8/31/2018

A blue Texas has seemed both inevitable and impossible, the central political contradiction in a state defined by them. Any breakthrough, Democrats have long believed, would be borne of demographics and triangulation: focus on the cities, with their surging Hispanic populations and creeping cosmopolitanism. Edge to the middle a bit to bring in wary moderates. And impress upon voters just how extreme the incumbents had become. U.S. Rep. Beto O’Rourke has resolved to ignore basically all of this in his campaign to unseat U.S. Sen. Ted Cruz. O’Rourke has defined the philosophy with a line borrowed from Jim Hightower, a prominent activist who was once Texas agriculture commissioner: “The only thing you’ll find in the middle of the road are yellow lines and dead armadillos,” O’Rourke said.

Virginia: Citing Fraud, Judge Orders Candidate Off the Ballot in Virginia Congressional Race
Danbury News Times – Gregory Schneider (Washington Post) | Published: 9/5/2018

A judge ordered an independent candidate in a key congressional contest in Virginia removed from November’s ballot, citing invalid signatures gathered with assistance from staffers for the incumbent Republican. The effort to put Shaun Brown on the ballot as an independent candidate, which could have siphoned votes from the Democratic nominee, Elaine Luria, was boosted by U.S. Rep. Scott Taylor’s campaign staffers. Taylor had said he knew staff members were collecting signatures for Brown, but he did not direct the effort.

National:

Democratic Embrace of Diverse Candidates Collides with Barbed Politics of Trump Era
WRAL – Jeremy Peters (New York Times) | Published: 8/29/2018

The diverse cast of Democratic candidates this year is setting up a striking contrast for voters at a time when some in the Republican Party, taking their cues from President Trump, are embracing messages with explicit appeals to racial anxieties and resentment. The result is making racial and ethnic issues and conflicts central in the November elections in a way that is far more explicit than the recent past. Racial discord has never been far from the surface of American politics. But any effort by Republicans in recent years to tread lightly around racially sensitive issues has been tossed aside by Trump, who has created a permission structure for other politicians to mimic his behavior, political strategists said.

Women in Politics Often Must Run a Gantlet of Vile Intimidation
WRAL – Maggie Astor (New York Times) | Published: 8/23/2018

A record number of women ran or are running in 2018 for the Senate, House, and governorships. Many more are running for state Legislatures and local offices. In the process, they are finding that harassment and threats, already common for women, can be amplified in political races – especially if the candidate is a member of a minority group. No independent organization appears to formally track incidents of harassment, and the Democratic and Republican National Committees did not respond to inquiries asking whether they did. But several groups that work with candidates said they routinely provided personal safety training.

Federal:

Candidates Say ‘I Approve This Message’ Because of John McCain
Roll Call – Kate Ackley | Published: 8/25/2018

The Bipartisan Campaign Reform Act survived a well-funded legal challenge in 2003 only to suffer subsequent and major rollbacks in court and at the FEC. While the long effort to enact the law made U.S. Sen. John McCain a pariah in some GOP circles, it remains a significant legacy of the self-declared maverick lawmaker and 2008 Republican presidential nominee. In addition to banning large corporate donations to the party committees, the law also required candidates to say they approved their campaign ads.

Microsoft Hopes to Protect Candidates Without Violating Campaign Contribution Law
Seattle Times – Tim O’Brien (Associated Press) | Published: 8/23/2018

Microsoft requested an FEC advisory opinion to make sure the company’s new free package of online security protections for “election-sensitive” customers does not count as an in-kind campaign contribution. Corporations are typically barred from donating to federal candidates and political committees under federal law. Microsoft said it is offering its AccountGuard service on a nonpartisan basis to federal, state, and local candidates, party committees, and certain nonprofit groups. The company told the commission it might also work with other tech firms on coordinated election security efforts, though no agreements have been made.

When Is an Offense Impeachable? Look to the Framers for the Answer
MSN – Adam Liptak (New York Times) | Published: 8/22/2018

The campaign finance violation President Trump’s former lawyer accused him of – arranging to pay hush money to influence an election – may be the sort of offense the drafters of the Constitution meant to cover in granting Congress the power to impeach and remove a president. Misconduct before assuming office is not typically a fit subject for impeachment, legal scholars said. But there is one important exception. “The main and possibly only form of pre-Inauguration Day conduct that would properly qualify as an impeachable offense is conduct relating directly to the acquisition of the presidential office,” said Joshua Matz, an author of “To End a Presidency: The Power of Impeachment.”

From the States and Municipalities:

Alabama: Ethics Law Changes Mulled by Revision Commission
Montgomery Advertiser – Brian Lyman | Published: 8/28/2018

The ruling that upheld former House Speaker Mike Hubbard’s conviction on 11 of 12 corruption charges underscored the need to tighten the language in Alabama’s ethics law, state Attorney General Steve Marshall said. The Alabama Code of Ethics Clarification and Reform Commission met to discuss the outlines of changes to the law, including the definition of a principal, which is defined as a company or person that hires a lobbyist; what lobbyists and elected officials can and cannot give; and the punishments for violating the law. Seven of the counts against Hubbard were for receiving money or favors from principals. The appeals court did not find fault with his convictions but said there could be “a serious constitutional issue” in other cases without more clarity in the law.

California: Booze Fuels Business – and Bad Behavior – at California Capitol
Sacramento Bee – Alexei Koseff and Taryn Luna | Published: 8/29/2018

Mixing work with alcohol has been a fundamental part of the culture in Sacramento for decades. But the blurred lines between business hours and playtime have given way to bouts of excess, from drunk driving to sexual misconduct to addiction. Fundraisers are a daily occurrence at the downtown bars and restaurants around the Capitol; there were 19 evening functions over the course of three days recently, according to the Capitol Morning Report, including a “margarita mixer” and a “tequila tasting.” Lawmakers note they are largely stuck away from home for three or four nights a week with not much else to do. Many lobbyists believe these receptions are where the real work gets done.

Colorado: Campaign Financing in Denver Could Look Different Come 2020 – It’s Up to Voters Now
Denverite – Estaben Hernandez | Published: 8/27/2018

The Denver City Council approved a campaign finance reform measure for the November ballot. The proposal would establish a public financing system, with eligible candidates receiving a nine-to-one match of donations up to $50. It would lower donation limits for individuals to candidates seeking city offices, and prohibit direct campaign contributions from corporations, limited liability companies, and labor groups.

Georgia: Georgia County Rejects Plan to Close 7 Polling Places in Majority-Black Area
New York Times – Richard Fausset | Published: 8/23/2018

Election officials in a majority black Georgia county voted to scrap a widely condemned proposal to eliminate most of their polling places in the runup to the November election. An independent consultant recommended the consolidation said the seven polling places in question do not comply with the Americans with Disabilities Act (ADA). The polling places in question had all been used for the primary election in May and the primary runoff election in July, and critics said officials should have been aware of the compliance issues. Civil Rights and Voting groups applauded the decision but said the episode demonstrates the need to restore Voting Rights Act protections that were tossed out by the U.S. Supreme Court in 2013.

Maine: Ethics Commission Says Slashing Casino Campaign Fine Was in State’s Best Interests
Lewiston Sun Journal – Scott Thistle (Portland Press Herald) | Published: 8/30/2018

Maine’s ethics commission voted to settle penalties for campaign finance violations with two backers of a failed 2017 casino referendum, making them pay $100,000 of the $500,000 in fines the state assessed last year. The referendum would have given rights to the casino to a company run by developer Shawn Scott, but the commission levied penalties for late financial filings against four committees run by his sister, Lisa Scott of Saint Kitts and Nevis. The commission said her offshore residence would make it hard to recoup the full $500,000. Under the agreement, Lisa Scott’s committees will have to pay $50,000, and Cheryl Timberlake, a lobbyist who served as treasurer for one of the committees, will have to pay the rest.

Missouri: Buying Influence: Do dark money, lobbyist gifts affect Missouri legislators’ policy?
Kansas City Star – Alison Kite and Jason Hancock | Published: 8/27/2018

Whether lobbyists should be able to provide Missouri lawmakers with expensive gifts and meals is being debated in Jefferson City. Asked what they wanted to know about political corruption and transparency in Missouri, Kansas City Star readers wanted to know whether gifts and campaign contributions, including those made by “dark-money” organizations, could influence legislators to the detriment of the state. The newspaper’s panel of dozens of leaders from across Missouri expressed concern about the potential for lobbyist gifts to influence legislators, but some argued they were not significant enough to affect policy solutions.

North Carolina: CEOs Gave Heavily During Legislative Session, Exposing Loophole in NC’s Fundraising Ban
WRAL – Travis Fain and Tyler Dukes | Published: 8/29/2018

North Carolina law lets top corporate executives donate to campaigns during General Assembly sessions even as it bans contributions from the companies themselves year-round and forbids anyone who contracts directly with a lobbyist from giving during a session. During this year’s six-week regular session, more than $1.1 million flowed into state legislators’ campaign accounts. The total increases if the week before the session is counted, which is traditionally a time for fundraisers, as PACs with lobbyists deliver checks just under the wire. Marshall Hurley, a former general counsel for the state Republican Party, said even the concept of an in-session ban is problematic. “All it’s really done is change the date of the check – does that really alter behavior?” Hurley said.

North Carolina: Judges’ Ruling on Election Map Plunges North Carolina Politics into Disarray
WRAL – David Zucchino and Richard Fausset (New York Times) | Published: 8/28/2018

A three-judge panel struck down North Carolina’s congressional redistricting map as an unconstitutional partisan gerrymander. Among the court’s proposed remedies are redrawing the districts before November and holding a general election without a primary election, or redrawing the districts, holding a primary election in November and holding a general election sometime before Congress is seated in January 2019. The court also said it might allow the General Assembly another chance at redrawing the districts. The state’s political experts and power brokers had already been expecting a political brawl this year. With the rule book now in tatters, they essentially threw up their hands. “We’re wandering in the political pines, searching for directions,” said Michael Bitzer, a political science professor at Catawba College.

Ohio: FBI Investigation: Ex-Ohio Speaker Cliff Rosenberger suspected of bribery, extortion
Cincinnati Enquirer – Jessie Balmert and James Pitcher | Published: 8/27/2018

Documents show former Ohio House Speaker Cliff Rosenberger is under federal investigation for possible extortion and bribery. While it was known since he resigned in April that the FBI was investigating Rosenberger’s overseas trips with lobbyists for the payday-lending industry, the release of search warrants and other documents painted a clearer picture of what investigators are targeting. Officials were looking for “communications or information concerning: payday lending legislation; evidence of payments, kickbacks, bribes, or other benefits (such as payment of travel-related expenses),” according to the records provided by the Ohio House. A federal grand jury has been meeting in Cincinnati to review the matter.

Texas: Ethics Commission Finds Lobbyist Innocent
El Paso Inc. – David Crowder | Published: 8/27/2018

When he received a letter from a lobbyist containing an apology and offer of five baseball tickets, El Paso Rep. Henry Rivera said the first thing that came to his mind was: “He is trying to bribe me.” Rivera filed a police report and ethics complaint accusing Jeremy Jordan of violating the city’s ethics code, lobbyist regulations, and possibly state law against attempted bribery over the letter. The El Paso Ethics Review Commission chastised Jordan but found him innocent of the ethics code violation that Rivera lodged against him in May.

National:

Despite Year-of-the-Woman Buzz, Female Candidates Lag Behind Men in Pulling in Campaign Cash
The News-Times – Michelle Ye Hee Lee and Anu Narayanswamy (Washington Post) | Published: 8/16/2018

Even as a record number of women run for office this year, female congressional candidates trail their male counterparts when it comes to fundraising. Of candidates who showed viability by raising at least $50,000, men running for the House had collected almost 17 percent more on average than their female counterparts by the end of June. One key factor is many female candidates lack relationships with longtime donors who work in traditionally male-dominated industries such as finance. That is a particular challenge for women this cycle, because the majority are newcomers to politics and, like any non-incumbent, must build donor networks from scratch. But their task is often more difficult, some female candidates said, because of skepticism about their potential, based on their gender.

Federal:

Elizabeth Warren Unveils Plans to Root Out Corruption in Washington, Ensure Federal Government Works for Americans
MassLive.com – Shannon Young | Published: 8/21/2018

U.S. Sen. Elizabeth Warren introduced the Anti-Corruption and Public Integrity Act, which lays out a multi-step approach to ending corruption and increasing public integrity. It calls for permanently banning elected and appointed officials from becoming lobbyists after they leave office, barring presidents and federal lawmakers from owning companies while in office, and ending “legalized lobbyist bribery” by preventing them from writing campaign checks or giving personal gifts to candidates or lawmakers. The bill would also create an independent anti-corruption agency dedicated to enforcing federal ethics laws and requiring elected officials and candidates to disclose more financial and tax information, among other provisions.

Hunter Indictment Could Jeopardize GOP Seat
Politico – John Bresnahan and Rachel Bade | Published: 8/21/2018

U.S. Rep. Duncan Hunter and his wife were indicted on allegations of using more than $250,000 of campaign funds for personal expenses, including family vacations, private school tuition for their children, dental work, and an airline ticket for a pet rabbit. The indictment portrays the Hunters as a couple with serious financial problems. They allegedly overdrew their joint checking account more than 1,100 times during a seven-year period, leading to more than $37,000 in overdraft charges. Hunter’s indictment endangers a traditionally conservative southern California seat long held by Republicans. Hunter cannot take his name off the November ballot and California does not allow write-in candidates.

Michael Cohen Says He Arranged Payments to Women at Trump’s Direction
MSN – William Rashbaum, Maggie Haberman, Ben Protess, and Jim Rutenberg (New York Times) | Published: 8/21/2018

Michael Cohen, President Trump’s former personal lawyer, pleaded guilty to campaign finance violations and other charges, saying Trump directed him to arrange the payment of hush money to adult film actress Stormy Daniels and former Playboy model Karen McDougal to fend off damage to his White House bid. Cohen’s admission marks the first time any Trump associate has gone into open court and implicated Trump himself in a crime. Under federal law, expenditures to protect a candidate’s political fortunes can be construed to be campaign contributions, subject to laws that bar donations from corporations and set limits on how much can be given. Trump denied to reporters in April that he knew anything about Cohen’s payments to Daniels.

From the States and Municipalities:

California: Developer Whose Wife Sat on Ethics Commission Faces $15,000 Fine Over Political Donations
Los Angeles Times – Emily Alpert Reyes and David Zahniser | Published: 8/20/2018

Six years ago, city council President Herb Wesson drew criticism for putting the wife of a campaign fundraiser on the Los Angeles Ethics Commission, a panel that votes on fines for people who violate political contribution rules. Wesson had selected nonprofit executive Erin Pak, who was also the wife of architect and real estate developer Chris Pak, host of fundraising events for Mayor Eric Garcetti and other local politicians. Erin Pak left the commission three years ago. Now, Chris Pak is facing $15,000 in proposed fines from the commission for giving contributions that exceeded the city limit. All but one of the violations took place during the period when Erin Pak was on the commission.

Florida: After a Florida Democrat Said She’d Take Donations from the Marijuana Industry, Wells Fargo Closed Her Bank Account
Washington Post – Christopher Ingraham | Published: 8/20/2018

Nikki Fried, who is running for agriculture commissioner in Florida, said Wells Fargo terminated her campaign’s account because of her links to the medical marijuana businesses. Fried said the action came after the bank questioned her about her campaign platform and donations she had taken, as well as her stance on medical marijuana. Wells Fargo spokesperson Jennifer Dunn said the bank’s policy is to not provide services for businesses related to marijuana businesses. Fried has accepted campaign contributions from lobbyists connected to medical marijuana. If such a policy were applied nationwide it could potentially jeopardize the banking access of dozens of state and national politicians.

Georgia: Georgia Voting Rights Activists Move to Block a Plan to Close Two-Thirds of Polling Places in a Majority Black County
Chicago Tribune – Vanessa Williams (Washington Post) | Published: 8/18/2018

Randolph County in rural Georgia wants to eliminate all but two of the county’s polling locations just months before the midterm elections because they are not in compliance with disabilities laws. Some residents and progressive groups allege the move was aimed at suppressing turnout in the county, in which more than 55 percent of the voters are black and have backed Democratic candidates in statewide elections. Activists noted many residents have low incomes and the county, which covers 431 square miles, has no public transportation system. All nine of the polling places were used for the May primaries and less than a month ago for statewide run-offs.

Kentucky: Loophole Allows Organizations to Pay for Legislators’ Out-of-State Travel Without Disclosing Amounts
Insider Louisville – Joe Sonka | Published: 8/22/2018

Due to a loophole in Kentucky’s ethics law, a large majority of travel expenditures for state lawmakers covered by private organizations are not required to be disclosed by lawmakers to the Legislative Research Commission or the Kentucky Legislative Ethics Commission. John Schaaf, executive director of the ethics panel, said this reporting loophole occurs when those groups pay in advance for legislators’ travel, as “there is no disclosure required of expenses prepaid for transportation, food and lodging.” Events organized by outside groups are sometimes funded by businesses and interests that lobby the Legislature.

Louisiana: Louisiana Senate President Sank Ride-Sharing Bill. His Close Pal Sells Insurance to Cabs.
ProPublica – Rebekah Allen | Published: 8/23/2018

Ride-sharing companies are not coming to many parts of Louisiana anytime soon because the state does not have legislation in place allowing them to operate. It is one of only five states that lacks such a law, instead requiring the companies to go through the costly and time-intensive process of getting approval in each locality. A bill to change that has garnered widespread and bipartisan support among politicians and was favored by many economic development groups. But the legislation has been blocked by Senate President John Alario. Many observers noted Alario’s close personal, professional, and political alliance with former Sen. Francis Heitmeier, who makes a living selling insurance to cab companies and lobbied against the ride-sharing bill. The cab industry was one of the few opponents of the measure.

Mississippi: Inside a Super PAC That Spends on Everything but Winning
Associated Press – Brian Slodysko | Published: 8/16/2018

Two billionaire political donors poured $1.25 million into a super PAC that was supposed to supercharge Chris McDaniel’s insurgent bid to be Mississippi’s next Republican senator. A year later, much of the money from Richard Uihlein and Robert Mercer is gone. Only a fraction was spent reaching voters who could boost the former state lawmaker’s uphill battle against Cindy Hyde-Smith in a November special election that will determine who finishes out Sen. Thad Cochran’s term. What the Remember Mississippi super PAC has provided, however, is a generous payday for at least 18 campaign consultants who received the lion’s share of the money.

Montana: Montana’s Campaign-Contribution Limits Appealed to U.S. Supreme Court
KXLH – Mike Dennison | Published: 8/17/2018

James Bopp Jr. asked the U.S. Supreme Court to overrule a 2017 lower-court ruling that upheld Montana’s limits on campaign contributions for state candidates. Bopp has been an attorney in many cases challenging limits on campaign spending and contributions, including Citizens United. His appeal in the Montana case is the latest development in a seven-year-old lawsuit challenging the state’s contribution limits, which were enacted by initiative in 1994.

New York: A Corrupt Lobbyist’s Influence in the Cuomo Administration Is Revealed in Newly Disclosed Emails
New York Times – Jesse McKinley | Published: 8/20/2018

New York Gov. Andrew Cuomo has repeatedly downplayed his relationship with his former aide Todd Howe, who became key figure in a pair of federal corruption cases after pleading guilty and reaching a deal with prosecutors. Howe’s cooperation in those cases helped convict two other former top aides: Joseph Percoco, once one of Cuomo’s closest friends and trusted advisers, and Alain Kaloyeros, the economic expert who the governor praised as a genius. But in nearly 350 pages of emails, it was clear Howe had entree to the top levels of Cuomo’s administration, a period that included the time leading up to the news of the federal probe.

New York: Cuomo Signs Bill Banning Use of Paid Intermediaries to Win State Pension Fund Business
New York Daily News – Kenneth Lovett | Published: 8/21/2018

New York Gov. Andrew Gov. Cuomo signed legislation that bars firms from using placement agents, paid intermediaries, and registered lobbyists in obtaining investments from the state pension fund. Assembly Bill 3137 puts into law a policy adopted by Controller Thomas DiNapoli nearly a decade ago amid a “pay-to-play” scandal. The probe resulted in eight people being charged criminally, including two, former state Controller Alan Hevesi and his political consultant Hank Morris, who went to prison.

West Virginia: How One West Virginia Supreme Court Justice Gave Natural Gas a Big Victory and Shortchanged Residents
ProPublica – Ken Ward Jr. | Published: 8/20/2018

The West Virginia House impeached the four sitting justices on the state Supreme Court for extravagant spending, among other charges. Justice Beth Walker was impeached over allegations of irresponsible spending and poorly managing the court’s administrative affairs. Left unmentioned in the debate has been a peculiar vote by Walker that benefited the natural gas industry. She made an unusual decision to reopen a case and then reverse a Supreme Court ruling that would have forced drillers to pay more in profits to residents. Walker made the decision around the time her husband owned stock in a variety of energy companies, including those participating in West Virginia’s growing gas boom.

State and Federal Communications Intern Sam Waller is here with the fastest two minutes in this week’s government news!

National:

Independents Uneasy About Taking Cash, Even from Indie Group
St. Louis Post-Dispatch – Marina Villeneuve (Associated Press) | Published: 8/9/2018

Hoping to capitalize on voter frustration over growing polarization in politics, a group fueled partly by what critics call “dark money” plans to spend $3 million this year to support and elect independents. But some lawmakers are declining their help. Unite America is endorsing and providing polling for independent gubernatorial and legislative candidates across the country. Some independents, however, are reluctant to accept the support because they distrust influence by any outside, special interest group. They are also wary of any link to so-called dark money, contributions from groups such as nonprofits that do not have to disclose their donors under federal law.

Lax State Ethics Rules Leave Health Agencies Vulnerable to Conflicts
Politico – Brianna Ehley, Sarah Karlin-Smith, Rachana Pradhan, and Jennifer Haberkorn | Published: 8/12/2018

A lack of transparency in state ethics laws prevents the public from having visibility into conflicts by officials who may oversee millions of dollars in spending and make decisions that affect thousands of people. A review of ethics rules found that in one out of five states, top public health officials are not subject to any disclosure for financial holdings. Even when states do have rules on the books, they vary widely, and loopholes abound. Watchdogs and ethics experts say the uneven rules, and ill-defined consequences if problems are identified, make it virtually impossible to know whether officials might have conflicts that skew their decision-making, or to hold them accountable if lapses do occur.

Federal:

Charges Against Rep. Chris Collins Highlight Lack of Trading Limits for Congress
Chicago Tribune – Bill Allison and Erik Wasson (Bloomberg) | Published: 8/9/2018

The indictment of U.S. Rep. Christopher Collins on insider trading charges, along with his colleagues’ holdings in the biotechnology company at the center of the case, highlight how members of Congress face few restrictions on their investments and service on corporate boards, creating the potential for conflicts-of-interest. Unlike executive branch officials, who must resign from outside positions and divest assets that could pose conflicts, Congress relies on public disclosure as the main mechanism for keeping lawmakers honest. In the past, that has led to a number of scandals involving investment decisions that resulted in charges of self-enrichment and insider trading.

Trump Offers White House Staffers a Special Perk at His Golf Club
Politico – Annie Karni and Eliana Johnson | Published: 8/13/2018

White House staffers who displayed proof of their administration job are getting discounted merchandise from the pro shop at President Trump’s Bedminster, New Jersey, golf club. The administration officials get discounts ranging from 15 percent on regular merchandise to 70 percent off clearance items. The discount amounts to the same perk given to Bedminster members who pay a reported $350,000 annually. Watchdogs raised concerns about the practice, noting it amounts to a conflict-of-interest and is considered a gift if the discount is not available to all government employees.

Voting Rights Advocates Used to Have an Ally in the Government. That’s Changing.
MSN – Michael Wines (New York Times) | Published: 8/12/2018

During the Obama administration, the U.S. Justice Department would often go to court to stop states from taking steps to suppress voter rights. But 18 months into President Trump’s term, there are signs of change: the department has launched no new efforts to roll back state restrictions on the ability to vote, and instead often sides with them. In the national battle over voting rights, the fighting is done in court, state by state, over rules that can seem arcane but have the potential to sway the outcome of elections. The Justice Department’s recent actions point to a decided shift in policy at the federal level toward an agenda embraced by conservatives who say they want to prevent voter fraud.

From the States and Municipalities:

California – Ex-Assemblyman Matt Dababneh, Under Legislative Investigation on Sexual Misconduct Allegations, Sues Lobbyist for Defamation
Los Angeles Times – Melanie Mason | Published: 8/14/2018

Former California Assemblyperson Matt Dababneh, who resigned amid allegations of sexual harassment and assault, is suing the lobbyist who accused him of pushing her into a hotel bathroom and masturbating in front of her. Dababneh sued Pamela Lopez for defamation and intentional infliction of emotional distress. He is seeking unspecified damages. A letter from the Assembly Rules Committee said an investigator determined Lopez’s allegation was “substantiated” and in violation of Assembly policy.

California – It’s an Election Year, and California’s Campaign Watchdogs Are Busy Fighting Among Themselves
Sacramento Bee – Taryn Luna | Published: 8/13/2018

After years of limiting commissioners to $200 per month, members of the California Fair Political Practices Commission (FPPC) moved in February to pay themselves on an hourly basis. They have debated whether to loosen campaign finance restrictions on lawmakers and argued over how much power to give their chairperson. As the FPPC focuses on internal issues, they are missing an opportunity to become one of the leading campaign finance agencies in the country, said Jessica Levinson, a political ethics expert at the Loyola Law School in Los Angeles. “They are not only missing that opportunity, they watched it go by, they waved at it and they kept arguing about how much they were going to charge per diem,” Levinson said.

Colorado – Backers of Denver Campaign Finance Ballot Measure Agree to Deal That Would Delay Public Financing, Lower Limits
Denver Post – Jon Murray | Published: 8/14/2018

Backers of a Denver campaign finance initiative have agreed to a deal with city officials that would replace the measure on the November ballot with a revised version that delays the changes until after next year’s municipal election. Voter approval for the new proposal this fall would bring about drastically lower contribution limits for candidates seeking city offices and would ban direct corporate and union contributions. It also would institute a voluntary public financing system. While the gist of those elements is unchanged, the city council is set to begin the process of referring a replacement measure to the ballot that would make several changes to dates and details such as how quickly the city must issue public funds.

Georgia – Atlanta City Council Seeks to Require Lobbyists to Register with the City
Staff, Atlanta Daily World –   | Published: 8/13/2018

A pair of ordinances were introduced in the Atlanta City Council that would require individuals and principles to register as lobbyists if they seek to influence legislative or administrative actions and encourage council members to report any violations of Georgia’s lobbying law. Atlanta currently doe not have any rules on lobbying in the city.

Illinois – Mayoral Hopeful Who Gave Thousands in Cash, Checks: ‘I’m just tired of white people telling me what to do.’
Chicago Tribune – Gregory Pratt | Published: 8/9/2018

Responding to what his Chicago mayoral campaign called an investigation by Illinois Attorney General Lisa Madigan, a defiant Willie Wilson defended his recent cash giveaways and said there is “nothing wrong” with his charitable foundation’s paperwork. The controversy stems from a church event in July, where Wilson handed out more than $200,000 in cash and checks. Gov. Bruce Rauner was at the event and later criticized the giveaway, but the state election board said Wilson apparently did not violate any election laws. Noting he was raised in the Jim Crow South, Wilson, who is black, said, “I’m just tired of white people telling me what to do.”

Maine – Maine Ethics Regulators Vote to Re-Open Taxpayer Campaign Funding for 2018
Bangor Daily News – Michael Shepherd | Published: 8/16/2018

Maine’s ethics commission said it will release about $3 million in public campaign funds for one gubernatorial candidate and over 200 legislative candidates. The commission voted to release the money held up by a typo in a budget law. Gov. Paul LePage’s administration recently agreed to comply with a judge’s order to release over $1 million in public campaign funding that LePage held up by refusing to sign routine financial orders. Several commissioners said that same logic should apply to more money held up because lawmakers did not fix the error.

Michigan – Michigan Senate Winner Still Shrouded in Mystery Following Primary Shocker
Detroit News – Jonathan Oosting | Published: 8/10/2018

Betty Jean Alexander of Detroit remains shrouded in mystery after scoring a shocking win over state Sen. David Knezek in a Democratic primary race that few thought would be competitive. Alexander, whom several local party leaders say they had never heard of, did not report spending any money on her campaign and has not granted any media interviews since her surprise victory. Lamar Lemmons III, a former state lawmaker and current Detroit school board member, is under scrutiny for his role in electing Alexander, whom he describes as a 53-year-old single mother with two children who works in an administrative job.

Pennsylvania – Could Abuse Report Lead to Laws Extending Rights to Sue the Church?
Pittsburgh Post-Gazette – Liz Navratil and Angela Couloumbis | Published: 8/15/2018

In its report detailing a coverup of child sex abuse by Catholic bishops across Pennsylvania, a grand jury recommended giving older adults the right to file lawsuits for abuse they suffered as children. Political disagreements and lobbying have repeatedly stalled bills that would have retroactively loosened the statute of limitations for claims against the Catholic Church, leading to questions of whether the new findings would lead to change. While victims say the ability to sue could help them access services to cope with the trauma, lobbyists for the church and the insurance industry have opposed such legislation, saying a flood of lawsuits would deliver a crushing financial blow.

Vermont – Christine Hallquist Wins Vermont Primary, Becoming First Openly Transgender Major Party Nominee for Governor
Washington Post – Samantha Schmidt and Kayla Epstein | Published: 8/15/2018

Christine Hallquist won the Democratic gubernatorial primary in Vermont, becoming the first openly transgender candidate to be nominated for governor by a major party in the U.S. Hallquist, a first-time candidate, won in a crowded field of four Democrats. She is part of a progressive wave of political novices, women, and LGBTQ candidates running in this year’s midterm elections, many of them galvanized by the election and behavior of President Trump. But from here, her path to the governor’s office could be a narrow one, even though she is a Democrat running in a progressive state.

West Virginia – Lawmakers Impeach All 4 W.Va. Court Justices Over Spending
MSN, Associated Press – | Published: 8/14/2018

The West Virginia House voted to impeach all the justices on the state Supreme Court, a decision prompted by reports of extravagant spending on office renovations. If the justices are convicted in the Senate and removed, replacements will be named by Gov. Jim Justice. Most of the articles involved Chief Justice Allen Loughry, who has been suspended since June and is facing a federal indictment on charges of fraud and false statements. The court as a whole was impeached for not creating policies to rein in the wasteful spending. Two justices were charged with overpaying retired judges who fill in to hear cases, and Justice Robin Davis was charged with wasteful spending on her office remodeling. A fifth justice, Menis Ketchum, resigned in July before pleading guilty to fraud, having taken a state car for personal use.

State and Federal Intern Greta Conley delivers the fastest 2 minutes in government relations news in this weeks NYCU Video Digest!

Federal:

In Ruling Against Trump, Judge Defines Anticorruption Clauses in Constitution for First Time
WRAL – Sharon LaFraniere (New York Times) | Published: 7/25/2018

A federal judge rejected President Trump’s effort to block a lawsuit that alleges he is violating the Constitution by continuing to do business with foreign governments. The state of Maryland and the District of Columbia claim Trump is violating the Emoluments Clause of the Constitution, which prohibits elected officials from receiving gifts or benefits from foreign governments without congressional approval. In the first judicial opinion to define how the meaning of the Constitution’s anticorruption clauses should apply to a president, U.S. District Court Judge Peter Messitte said the framers’ language should be broadly construed as an effort to protect against influence-peddling by state and foreign governments.

Mueller Examining Trump’s Tweets in Wide-Ranging Obstruction Inquiry
MSN – Michael Schmidt and Maggie Haberman (New York Times) | Published: 7/26/2018

Special Counsel Robert Mueller is scrutinizing tweets and negative statements from President Trump about Attorney General Jeff Sessions and former FBI Director James Comey, according to people briefed on the matter. Several of the remarks came as Trump was also privately pressuring the men – both key witnesses in the inquiry – about the probe, and Mueller is examining whether the actions add up to attempts to obstruct the investigation by both intimidating witnesses and pressuring senior law enforcement officials to tamp down the inquiry. Mueller’s interest in them is the latest addition to a range of presidential actions he is investigating as a possible obstruction case, like misleading White House statements, public attacks, and possible pardon offers to potential witnesses.

From the States and Municipalities:

Alabama: Rep. Randy Davis Indicted on Bribery Charges
Montgomery Advertiser – Brian Lyman | Published: 7/25/2018

Alabama Rep. Randy Davis was indicted on charges of conspiracy and bribery over what prosecutors describe as an attempt to pressure Blue Cross Blue Shield (BCBS) to cover insulin therapies offered in health clinics in which he had a financial interest. The indictment accuses Davis of working with former Rep. Micky Hammon, an investor in the clinics, to recruit investors, from which he received finders’ fees. Prosecutors also accused Davis of trying to lobby BCBS on behalf of Trina Health, which operated the clinics. Later, the indictment alleges, Davis and Hammon worked together to push a bill through the 2016 legislative session that would have forced coverage of the insulin treatment offered at the clinics.

California: New Head of California Political Watchdog Agency Says It Is Moving on After Period of Tumult
Los Angeles Times – Patrick McGreevy | Published: 7/22/2018

Alice Germond is taking over an agency that has been mired in turmoil for months following a dispute between commissioners over the sharing of power. But the new chairperson of the California Fair Political Practices Commission said she has talked to the other commissioners and believes the panel can put the past behind them to focus on enforcing campaign finance laws ahead of the midterm elections in November. A power struggle in recent months pitted some part-time commissioners against the chairperson at the time, Jodi Remke, who they felt left them out of key decisions on budgets, personnel, legal issues, and policy changes.

Colorado: Colorado Campaign Finance Loophole Allows Dark Money Flyers
Colorado Independent – Sandra Fish | Published: 7/23/2018

Colorado’s campaign finance law has a loophole that allows printed literature, mailers, or other materials about candidates to be distributed without disclosing who paid for them if they do not include so-called magic words such as “vote for” or “vote against.” Colorado was one of only 10 states that did not require disclosure of an ad’s sponsor in the 2016 election cycle. It is a form of “dark money” that prevents voters from tracing who is behind a campaign message.

Florida: South Miami’s Mayor Shut Down an Opponent at Meetings. Now He Faces an Investigation.
Miami Herald – Aaron Leibowitz | Published: 7/18/2018

When Stephen Cody approached the podium at a South Miami commission meeting, Mayor Philip Stoddard had a good idea of what he might say. A few days earlier, a group that Cody created criticized Stoddard for the city’s firing of its former police chief and a resulting lawsuit. Stoddard refused to let Cody speak and demanded he first register as a lobbyist. When Cody returned to the commission the next month, without having registered, Stoddard again cut him off when he began to discuss the police chief’s firing. The county ethics commission ruled there was probable cause Stoddard had violated Cody’s “right to be heard” under the county’s Citizens’ Bill of Rights.

Georgia: Georgia State Rep. Jason Spencer to Resign in Wake of Sacha Baron Cohen Pants-Dropping Debacle
MSN – Meagan Flynn (Washington Post) | Published: 7/24/2018

Georgia Rep. Jason Spencer, who was fooled into repeatedly yelling a racial epithet on comedian Sacha Baron Cohen’s television show, intends to resign effective July 31. “Who Is America?” has pranked a long list of sitting and former lawmakers. In this segment, Cohen played an Israeli antiterrorism expert and Spencer was seen on camera dropping his pants, mocking a stereotypical Asian accent, and seemingly not requiring much coaxing to yell the racial epithet, spurring immediate outrage. Spencer lost in the primary in his bid for a fifth term and initially said he would serve out his final months, but calls for him to resign became too loud.

Illinois: Rauner Blasts Chicago Mayoral Candidate Willie Wilson’s Cash Giveaway, State Says He Didn’t Violate Campaign Rules
Chicago Tribune – John Byrne and Rick Pearson | Published: 7/23/2018

The Illinois State Board of Elections said Chicago mayoral candidate Willie Wilson’s handing out of nearly $200,000 in checks at a recent church event did not break campaign finance laws. A campaign spokesperson said Wilson gave the money to people to help them cover the cost of their property taxes and other expenses as part of his philanthropic work through the Dr. Willie Wilson Foundation, a registered nonprofit. “As far as we can see, it looks like he didn’t use campaign funds for this and there doesn’t appear to have been any quid pro quo, like, ‘Here’s some money, vote for me,'” said elections board spokesperson Matt Dietrich. “So, from our perspective, it doesn’t look like there was anything illegal about this.”

Indiana: Secret Donations to Fuel Hill’s Defense Against Groping Allegations
Indianapolis Star Tribune – Tony Cook, Kaitlin Lange, and Ryan Martin | Published: 7/23/2018

Supporters of Indiana Attorney General Curtis Hill have set up a legal fund to defend him against accusations that he inappropriately touched four women. Attorney Jim Bopp announced the creation of Fairness for Curtis Hill, a nonprofit 501(c)(3) organization formed to collect tax deductible funds for Hill’s defense. Some tax and campaign finance experts questioned whether the new fund could even operate as a charitable nonprofit under the law. Lloyd Hitoshi Mayer, a law professor at Notre Dame, said a 501(c)(3) charity cannot benefit one person. Usually defending public officials from allegations also is not considered charitable, he said. “The name alone should have been a red flag for the IRS,” Mayer said.

Maine: Ethics Commission to Delay Clean Elections Funding Until Court Ruling
Lewiston Sun Journal – Colin Ellis | Published: 7/25/2018

The Maine Commission on Governmental Ethics and Election Practices delayed action on Clean Elections in the hope that a court ruling on the matter might be issued soon but did not rule out the possibility of calling a special meeting should the money continue to be held back. Commissioners agreed it was unfair that certain candidates have not received funding ahead of the November election but said they were not in a position to release funding at this point. Gov. Paul LePage has refused to release $1.4 million in public funding for Clean Election candidates, and Republican House members have refused to fix a typographical error in the law that provides additional funds to be used this year.

Montana: Gov. Bullock Sues IRS Over Decision to Stop Requiring Some Tax-Exempt Groups to Identify Donors
Helena Independent Record – Amy Beth Hanson (Associated Press) | Published: 7/24/2018

Montana Gov. Steve Bullock sued the Internal Revenue Service and U.S. Treasury Department to stop them from removing requirements that politically active nonprofits disclose their donors’ identities. Bullock said the Trump administration failed to give proper notice of or seek public comment on changes to the decades-old rule requiring such disclosure. He is asking a federal judge to find the rollback illegal and set it aside. This is the third time in recent months that Bullock has inserted himself and Montana into national issues and continues his efforts in support of transparent elections.

New York: Who Needs Small Donors When You Have Friends? Ask Gov. Cuomo.
WRAL – Shane Goldmacher (New York Times) | Published: 7/17/2018

New York Gov. Andrew Cuomo has always relied on large donations to accumulate a $31.1 million campaign account. But even as he emerged as one of the Democratic Party’s most prolific fundraisers, he has all but ignored grassroots contributors. Now, mindful of the party’s insurgency, and facing a primary challenge from Cynthia Nixon, the governor has raced to find small donors. But disclosures revealed the extent to which Cuomo remains dependent on big donors, and some of the maneuvers undertaken to obscure that fact. One donor gave 69 times to Cuomo in the final days before the deadline – 67 of them one-dollar donations, driving down his average contribution size.

North Dakota: Anti-Corruption Measure Headed for North Dakota Ballot
West Fargo Pioneer – John Hageman | Published: 7/23/2018

North Dakota voters will decide whether to add anti-corruption language to the state’s constitution this fall. A ballot measure would prevent lobbyists from giving gifts to public officials and would establish an ethics commission that could investigate officials, candidates, and lobbyists. It would also prevent public officials from being a lobbyist while holding office and for two years after leaving their post. State lawmakers would be required to pass legislation mandating “public disclosure of the ultimate and true source of funds” spent to influence elections and government actions.

Ohio: Cincinnati Firm Lobbies for Taxpayers – and Companies That Want Their Money
Cincinnati Enquirer – Dan Horn | Published: 7/23/2018

Anne Sesler once acted as spokesperson for both FC Cincinnati and Hamilton County simultaneously. That is because Government Strategies Group, a firm for which Sesler is a consultant, is paid by both the county and the new Major League Soccer team to handle their lobbying and communications work. The county hired her in 2017 and the team hired her in January. Some say that is a conflict because the interests of FC Cincinnati and Hamilton County are not the same: FC Cincinnati needed $15 million last year for a stadium parking garage and taxpayers picked up the tab. And those are not the only Government Strategies clients with interests that sometimes overlap.

Pennsylvania: Board of Ethics Says Pro-Soda Tax Coalition Violated Lobbying Law
Philadelphia Business Journal – Alison Burdo | Published: 7/20/2018

The leading group that pushed for passage of Philadelphia’s controversial soda tax agreed to pay $8,000 in civil penalties after the Board of Ethics cited it for violations of the city’s lobbying law. Philadelphians for a Fair Future (PFF) formed in 2016 and raised more than $2 million to promote the tax, which was proposed by Mayor Jim Kenney. The board found the group gave incomplete information in required reports on its spending. In addition, four companies and individuals PFF employed to lobby failed to register as required.

Federal:

Alleged Russian Agent Ordered to Remain in Custody After Prosecutors Argue She Has Ties to Intel Agency
MSN – Tom Jackman and Rosalind Helderman (Washington Post) | Published: 7/18/2018

A Russian national arrested on charges of acting as an illegal foreign agent was in contact with Russian intelligence services, federal prosecutors argued, offering details about what they say was a wide-ranging influence campaign in the U.S. The court filings add to the portrait of Maria Butina, who the Justice Department says worked covertly to establish back-channel lines of communication to the Kremlin and infiltrate American political organizations, including the National Rifle Association, and gather intelligence for a senior Russian official. Prosecutors also alleged she had a personal relationship with an American political operative and offered sex to another person in exchange for a position with a special interest organization.

From the Start, Trump Has Muddied a Clear Message: Putin interfered
MSN – David Sanger and Matthew Rosenberg (New York Times) | Published: 7/18/2018

Before his inauguration, Donald Trump was shown highly classified intelligence indicating Russian President Vladimir Putin had personally ordered cyberattacks to sway the 2016 American election. The evidence included texts and emails from Russian military officers and information gleaned from a top-secret source close to Putin, who had described to the CIA how the Kremlin decided to execute its campaign of hacking and disinformation. Trump sounded grudgingly convinced, according to several people who attended the briefing. But ever since, Trump has tried to cloud the clear findings he received on January 6, 2017, which his own intelligence leaders have unanimously endorsed.

IRS Will No Longer Require Certain Nonprofits to Disclose Large Donors
WRAL – Patricia Cohen, Kenneth Vogel, and Jim Tankersley (New York Times) | Published: 7/17/2018

The U.S. Treasury Department will no longer force some tax-exempt organizations to identify their donors. The new rule will affect labor unions, social clubs, trade organizations, and politically active advocacy groups. The names of donors to these nonprofit groups have not been publicly available, but the organizations were required to disclose the information to the IRS. These groups generally do not operate as charities, however, and their donors do not receive tax deductions in exchange for their contributions. As a result, Treasury Secretary Steven Mnuchin said the IRS does not need their donor information to police tax laws.

From the States and Municipalities:

Arizona: Arizona Rep. Paul Mosley Accused of Inappropriate Comments Involving Women, Religion
Arizona Republic – Rachel Leingang and Yvonne Winget Sanchez | Published: 7/16/2018

Arizona Rep. Paul Mosley made inappropriate comments about marital status, working mothers, and religion to several people at the Capitol while they were working, lawmakers and lobbyists said. Mosley, who has come under fire after reports of excessive speeding, has asked whether people are married, why they do not have children, and why working mothers are not, instead, home with their children. The recollections of encounters with Mosley come as the statehouse continues to grapple with a culture that some have deemed sexist and demeaning toward women. And some lawmakers have said they are uncomfortable with Mosley’s aggressive manner in pushing for legislation, some of which could personally benefit him.

Arizona: Mistrial Declared in Bribery Case Involving Arizona Corporation Commission
Arizona Republic – Michael Kiefer and Ryan Randazzo | Published: 7/17/2018

The influence-peddling trial of former Arizona Corporation Commissioner Gary Pierce ended in a mistrial after jurors deadlocked on charges he accepted bribes from a water company owner in exchange for favorable regulatory decisions. A mistrial also was declared for Pierce’s wife, Sherry, water company owner George Johnson, and lobbyist Jim Norton. Prosecutors alleged Gary Pierce helped pass a rate increase and a beneficial tax policy for Johnson Utilities in exchange for $31,500 paid to his wife. The payments were made under the guise of consulting work and were funneled through the office of Norton’s wife. The indictment also alleged Johnson was going to fund the purchase of real estate worth $350,000 for Gary Pierce. Norton, who lobbied on Johnson’s behalf, was accused of facilitating the bribery scheme.

California: State Supreme Court Removes Measure to Split California into Three States from November Ballot
Los Angeles Times – Maura Dolan | Published: 7/18/2018

The California Supreme Court blocked a proposal to split California into three states from appearing as a ballot measure in November. The proposal, championed by venture capitalist Tim Draper, had gathered at least 600,000 signatures which was enough to earn a spot on the ballot. “We conclude that the potential harm in permitting the measure to remain on the ballot outweighs the potential harm in delaying the proposition to a future election,” the court wrote. The justices also agreed to rule eventually on the measure’s constitutionality, a ruling that is likely to go against the initiative.

Florida: ‘Look Right into My Soul,’ Michael Grieco Said. But He Was Lying, Ethics Board Alleges
Miami Herald – Nicholas Nehamas | Published: 7/18/2018

The Miami-Dade Commission on Ethics and Public Trust found probable cause to charge Michael Grieco with two counts of violating a county charter provision that prohibits municipal officials from “knowingly furnish[ing] false information on any public matter.” The commission also said Grieco broke a Miami Beach ordinance against soliciting city vendors for campaign funds. The ethics panel claims Grieco, a former Miami Beach commissioner, was lying to the public when he denied involvement in a campaign fundraising operation last year and asked Miami Herald reporters to “look right into [his] soul” for the truth, which is a violation of the charter’s “truth in government” provision.

Maryland: As Governor, Larry Hogan’s Real Estate Business Continues to Thrive – Prompting Questions
Baltimore Sun – Luke Broadwater | Published: 7/12/2018

While Maryland Gov. Larry Hogan stepped aside from his firm, Hogan Companies, and turned his assets over to be managed by a trust when he took office, the governor has continued to profit. Hogan released tax returns that show he has made about $2.4 million in corporate earnings while governor. According to a review of financial disclosure forms, his corporate holdings include stakes in commercial real estate deals as well as residential and retail developments around Maryland. As Hogan seeks a second term, this arrangement has drawn criticism from Democrats, and renewed a debate about the lengths to which businesspeople-turned-politicians should wall themselves off from their private enterprises.

Massachusetts: Walsh Vetoes City Lobbying Rules, Calling Proposal ‘Inadequate’
Boston Globe – Milton Valencia | Published: 7/12/2018

Boston Mayor Martin Walsh vetoed an ordinance that would have amended the city’s lobbying law. The mayor said the reforms failed to properly define and regulate lobbying, as well as create a proper enforcement mechanism. He sent back his own versions of both the local ordinance, with revised enforcement provisions, and a home rule petition, with what he called clearer definitions of lobbying. In his veto, Walsh scrapped the council’s attempts to provide exemptions for lawyers representing residents on routine matters before a city board. The mayor called for having anyone who does any lobbying work to register, which has already caused pause among council members.

Montana: Report: Rosendale uses accounting to skirt contribution limits
Helena Independent Record – Holly Michels | Published: 7/12/2018

U.S. Senate candidate Matt Rosendale used excess donations from wealthy Republican donors to pay himself back for personal loans from a previous congressional run, then he turned around and loaned that money right back to his Senate campaign, according to campaign records. That accounting shuffle has given Rosendale a way to fund his campaign against incumbent U.S. Sen. Jon Tester with money given by donors above the individual campaign contribution limits. Campaign finance watchdogs said Thursday that what Rosendale is doing is unusual but legal, and effectively raises contribution limits from $5,400 to $8,000 for some donors.

New York: Architect of Cuomo’s Buffalo Billion Project Is Convicted in Bid-Rigging Scheme
WRAL – Benjamin Weiser and Jesse McKinley (New York Times) | Published: 7/12/2018

A federal jury convicted key players on charges related to Gov. Andrew Cuomo’s “Buffalo Billion” economic redevelopment program. The trial put a spotlight on how lucrative contracts worth hundreds of millions of dollars were awarded for redevelopment projects aimed at revitalizing upstate New York. Alain Kaloyeros, the former president of the State University of New York’s Polytechnic Institute, and his co-defendants were accused of working together to rig the open-bidding process for lucrative contracts to make sure they went to LPCiminelli and COR Development. The convictions were the latest in a string of guilty verdicts in federal corruption trials focused on state officials.

New York: Guilty, Again: Dean Skelos, former Senate leader, is convicted of corruption in retrial
WRAL – Vivian Wang (New York Times) | Published: 7/17/2018

Former New York Senate Majority Leader Dean Skelos was found guilty of using his influence to get his son jobs and payments worth hundreds of thousands of dollars. Skelos and his son, Adam, were convicted on eight counts of corruption. Dean Skelos was accused of using his influence to steer hundreds of thousands of dollars to his son through payments and low-show jobs from AbTech Industries and another company. The elder Skelos later leaned on Nassau County officials to award AbTech a $12 million contract. Dean and Adam Skelos were convicted in 2015, but those verdicts were overturned after the U.S. Supreme Court limited the definition of public corruption. Prosecutors were allowed to retry the pair under the narrowed definition.

North Carolina: Top State Leaders Fined for Illegal Campaign Contributions from Drug Company
Raleigh News and Observer – Colin Campbell | Published: 7/13/2018

Thirty-seven candidates in North Carolina were fined for accepting illegal campaign contributions from Pfizer’s PAC. The donations totaled $53,500 and were dated during the legislative session, when PACs are prohibited from giving to state office holders or candidates seeking those offices. Most of the illegal Pfizer contributions occurred in June 2016 and October 2017, when the Legislature held a special session. Each campaign must forfeit the amount of the donation, and Pfizer must pay a $53,500 fine. House Speaker Tim Moore’s treasurer wrote in a letter to the state elections board that the campaign was unaware the Pfizer checks were dated during the session because they were received after it ended.

Virginia: New Virginia Business Aims to Be Kickstarter for Political Influence
The Virginian-Pilot – Katherine Hafner | Published: 7/12/2018

A startup aims to be a sort of Kickstarter for political influence. Crowdlobby, the brainchild of University of Richmond law school graduates, recently raised $35,000 and plans to launch within the next few months. Citizens will be able to log on and contribute to an issue they care about. It has to be a specific legislative fix, not an overarching topic like education reform. Once a minimum is reached – $50,000 at the state level, $200,000 in Washington, D.C. – Crowdlobby hires a lobbyist on the donors’ behalf. Heidi Drauschak got the idea after working at a prominent Richmond lobbying firm. “I was incredibly impressed with the tool that lobbying was … but because of the price tag, the average person never considers it as an option,” Drauschak said.

Wisconsin: Questions Raised About Payment Made by Lawyer to Randy Bryce’s Ex-Girlfriend
Milwaukee Journal Sentinel – Mary Spicuzza | Published: 7/16/2018

Congressional candidate Randy Bryce owed money to his ex-girlfriend for more than a decade. That debt, which totaled about $4,200 by late last year, has since been paid. What is unclear is exactly who paid it. Bryce’s former girlfriend said last November that she was surprised when she received the check for $4,245.73. But it turns out the check was not from Bryce – it came from the law firm Halling & Cayo. The donation limit for congressional candidates is $2,700 per election, and candidates are prohibited from using campaign funds for personal use. Corporations are prohibited from making contributions to federal candidates.

National:

Ethics Charges Could Hurt Fight Against Legionnaires’ Disease
Detroit Free Press – John Wisley | Published: 7/5/2018

Conflict-of-interest charges could derail a nationwide effort to curb outbreaks of deadly Legionnaires’ disease. The U.S. Centers for Disease Control and Prevention, Department of Veterans Affairs, the New York City Department of Health and Mental Hygiene, and representatives of the Mayo Clinic have withdrawn from a scientific committee that has been working on the topic for years. At issue is NSF International, a nonprofit research company that has been coordinating an effort to develop new plumbing standards to reduce the growth of legionella bacteria inside buildings. NSF has said one of its for-profit ventures was partnering with Homeyer Consulting Services to help companies meet the new standard once it is approved.

Is This the Year Women Break the Rules and Win?
New York Times – Kate Zernike | Published: 6/29/2018

This year’s midterm elections have produced a surge of women like Alexandria Ocasio-Cortez, who defeated U.S. Rep. Joseph Crowley, across the country: progressive candidates running outsider campaigns powered by strong personal narratives and women’s activism that began with massive marches the day after President Trump’s inauguration and has grown through protests against gun violence and immigration policies that divide families. Whether other women become overnight stars like Ocasio-Cortez –or Stacey Abrams, whose win in the Democratic primary for Georgia governor – in Georgia sparked similar excitement – depends on the dynamics of each state or district.

Federal:

EPA Leader Scott Pruitt Out After Numerous Scandals
CNBC – Tom DiChristopher | Published: 7/5/2018

Environmental Protection Agency Administrator Scott Pruitt resigned after months of controversies over his lavish spending, ethical lapses, and contentious management decisions eroded President Trump’s confidence in one of his most ardent Cabinet members. Pruitt’s litany of ethics scandals included questions about taxpayer-funded first-class travel, a discounted condominium rental from a lobbyist, the installation of a $43,000 soundproof phone booth in his office, and asking staff to help search for a six-figure job for his wife. In recent weeks, an exodus of trusted staffers left Pruitt increasingly isolated, and some once-loyal Republican lawmakers wearied of defending him. There are more than a dozen federal inquiries into Pruitt’s spending and management of the agency.

News Media Paid Melania Trump Thousands for Use of Photos in ‘Positive Stories Only’
NBC News – Andrew Lehren, Emily Siegel, and Merritt Enright | Published: 7/2/2018

First lady Melania Trump reportedly earned between $100,000 and $1 million in royalties from Getty Images in 2017 for the use of photographs that under a licensing could only be used in “positive coverage.” At least 12 news organizations last year used some of the photos. Several said they were not aware the images were part of a licensing deal that profited the first lady. While it is not unusual for celebrities to sign deals governing the use of their images, it is unusual for the first lady to be party to such an agreement. Getty’s licensing agreement does not offer any hint that money is also paid to the Trumps, and the arrangement did not appear to have become public until the income was listed in President Trump’s May financial filing.

Supreme Court Defeat for Unions Upends a Liberal Money Base
Seattle Times – Noam Schreiber (New York Times) | Published: 7/1/2018

The U.S. Supreme Court ruled that requiring nonmembers to make union payments violated their First Amendment rights, since much of what unions do could be considered political activity at odds with their beliefs. In addition to unions, the decision will impact a network of groups dedicated to advancing liberal policies and candidates. Together, they have benefited from tens of millions of dollars a year from public-sector unions, funding now in jeopardy because of the prospective decline in union revenue. Liberal activists argue that closing that pipeline was a crucial goal of the conservative groups that helped bring the case. “If the progressive movement is a navy, they’re trying to take out our aircraft carriers,” said Ben Wikler, Washington director of MoveOn.org.

Trump Docket: New justice could sway court on president’s personal cases
Politico – Josh Gerstein | Published: 7/5/2018

Lawsuits pending over Donald Trump’s personal and business conduct could put his nominee to the U.S. Supreme Court in an awkward position: deciding whether to cast potentially pivotal votes on legal matters of keen importance to the president. Virtually all justices wind up ruling on policy issues affecting the president who appointed them. But Trump is enmeshed in more than half a dozen significant court cases involving everything from his alleged sexual behavior before taking office to claims his businesses are profiting from his presidency and allegations he misused funds through his charitable foundation. The justices also could be asked to rule on whether Robert Mueller’s probe of Russian interference in the 2016 election was legally authorized or whether Trump has the authority to dismiss the special prosecutor.

From the States and Municipalities:

Florida: Where Does She Live? A Miami Lawmaker’s Bizarre Attempt to Reside in Her District
Miami Herald – Sarah Blaskey and David Smiley | Published: 7/3/2018

State Sen. Daphne Campbell, longtime owner of a home inconveniently located outside the community she has represented as a member of the Florida House and Senate, has been difficult to find at home over the last 30 months. More accurately, her home has been difficult to find. That is until late June, when she switched her voter registration to a house in North Miami Beach. It is one of at least four addresses she has listed over the last six years after a statewide redrawing of House districts placed her own home outside the boundaries and forced her into a series of temporary residences. The extent to which she has actually lived at any of them is questionable.

Georgia: Campaign Contributions to Top Candidates Raise Questions
Washington Times; Associated Press –   | Published: 6/29/2018

The Atlanta Journal-Constitution found donations of more than $325,000 to Secretary of State Brian Kemp’s campaign from people tied to licensees and companies regulated by his office. The newspaper found contributions of more than $240,000 to Lt. Gov. Casey Cagle’s campaign before the beginning of the 2018 legislative session from lobbyists, members of their family, or their firms, as well as another $40,000 donated after the session ended. Kemp and Cagle are locked in a runoff for the Republican nomination for governor. Critics say donations to Kemp by people with ties to businesses under the oversight of his licensing or securities divisions could undermine the credibility of one of the state’s top regulators.

Illinois: ‘I Snookered Them’: Illinois Nazi candidate creates GOP dumpster fire
Politico – Natasha Korecki | Published: 6/29/2018

Illinois Republicans botched four opportunities to stop an avowed Nazi from representing their party in a Chicago-area congressional district. Now they are paying the price. Arthur Jones, a Holocaust denier who will appear on the November ballot as the GOP candidate against U.S. Rep. Dan Lipinski, has become campaign fodder for Democrats as they seek to defeat Gov. Bruce Rauner. And some Republicans even fear the taint from Jones‘s extremist views poses a threat to the party up and down the ticket.

Indiana: New Pay-to-Play Ban Approved
Fort Wayne Journal Gazette – Rosa Salter Rodriguez | Published: 6/28/2018

The Fort Wayne City Council overrode a veto to approve a bill that aims to prevent the appearance of “pay-to-play” practices in the awarding of certain city contracts. The ordinance prohibits “business entities” from bidding on city contracts if any officer, partner, or principal with more than a 10 percent ownership share in the entity and subsidiaries controlled by it contributes more than $2,000 a year to a political campaign of someone with ultimate responsibility for awarding city contracts.

Kentucky: Kentucky Broke Law by Blocking Poor People’s Campaign from Capitol, Beshear Says
Lexington Herald-Leader – Jack Brammer | Published: 7/2/2018

Anti-poverty demonstrators were illegally restricted from entering the Capitol in June under a policy that is not an official state regulation, Kentucky Attorney General Andy Beshear said. The opinion deferred constitutional questions raised by the policy, suggesting those could be addressed if Gov. Matt Bevin’s administration completes the process for establishing regulations on access to the Capitol. The Kentucky Poor People’s Campaign staged a series of seven demonstrations. During each standoff at the Capitol’s front door, scores of demonstrators asked if they could enter as a group. But they were blocked by a large state police presence and told of a new policy that allowed two members of the group to be in the building at a time.

New Jersey: New Jersey to Spend $5 Million on Reviving Local Journalism
WPG Talk Radio – Michael Symons | Published: 7/3/2018

New Jersey’s new state budget includes $5 million for a first-of-its-kind nonprofit effort to help finance local journalism in cities and towns where it has been decimated. Some of the money could be used to strengthen traditional media sources, such as newspapers and radio stations, and existing local websites. Funds might be used for seed investments in startups in areas without local news, or even media literacy programs. “Studies have shown what happens when local news coverage dries up or disappears. Fewer people vote. Fewer people volunteer. Fewer people run for public office. Corruption increases,” said Mike Rispoli of the media reform advocacy group Free Press.

New York: Upcoming SCOTUS Case Could Complicate NY Effort to Close Double Jeopardy ‘Loophole’
New York Law Journal – Colby Hamilton and Dan Clark | Published: 7/2/2018

The U.S. Supreme Court agreed to hear a case a case challenging the legal principle that the federal government and those of the states represent “separate sovereigns,” a long-held doctrine that has provided a work-around for state and federal prosecutors faced with constitutional double jeopardy concerns. It comes at a critical moment for supporters of changes to New York’s double jeopardy protections. Under certain circumstances, individuals close to President Trump, facing federal prosecution, could see a pardon absolve them of not only federal charges, but bar state prosecutors from bringing a similar case under New York law.

Oregon: Black Oregon Legislator Says Campaigning in Own District Triggered 911 Call
Portland Oregonian – Everton Bailey Jr. | Published: 7/3/2018

A black state representative in Oregon said one of her constituents called the police on her while she was canvassing a neighborhood in her district. Rep. Janelle Bynum said someone called the police on her to report that she “was going door to door and spending a lot of time typing on my cell phone after each house.” Bynum is up for re-election in November and said she was taking notes on her phone from conversations with constituents. A number of incidents in which police were called on people of color doing normal activities have gained widespread attention in recent months.

Virginia: Lobbying Firm to Va. Lawmakers: If you refuse Apco money, you won’t get any from us
Richmond Times-Dispatch – Patrick Wilson | Published: 6/25/2018

The law and lobbying firm Hunton Andrews Kurth said it would no longer make campaign contributions to Virginia lawmakers unless they also accept donations from one of the firm’s clients, Appalachian Power Co. The move affects legislators who signed a pledge saying they will not accept political money from the state’s regulated energy companies – Dominion Energy and Appalachian – to avoid the appearance of the companies’ undue influence on lawmakers. Whitt Clement, who heads the state government relations practice group at Hunton Andrews Kurth, said the lawmakers who do not accept contributions from Appalachian are being shortsighted because the company is an important corporate citizen in Virginia.

A special legislative session, multiple resignations and a new educational video on lobbying and gift laws, all in less than 2 minutes in this week’s News You Can Use Video Digest.

Federal:

In Trump’s America, the Conversation Turns Ugly and Angry, Starting at the Top
WRAL – Peter Baker and Katie Rogers | Published: 6/20/2018

The politics of rage that animated President Trump’s rise now dominate the national conversation, as demonstrated during the debate over his immigration policy that separated children from parents apprehended at the border. Harsh discourse in American politics is not new, but rarely has the president himself set the tone from the top in the way Trump does. Christine Porath, a Georgetown University professor and author of “Mastering Civility,” said the current harsh climate was affecting people beyond politics, injecting itself into everyday life at home and work. “It seems like people are not only reciprocating, but we tend to stoop lower rather than higher – it’s really putting us in an unfortunate place,” said Porath.

Pence Turns VP’s Office into Gateway for Lobbyists to Influence the Trump Administration
Seattle Times – Michael Scherer, Josh Dawsey, and Anu Narayanswami (Washington Post) | Published: 6/15/2018

About twice as many companies and other interests hired lobbyists to contact the vice president’s office in Mike Pence’s first year than in any single year during the tenures of Vice Presidents Joe Biden and Richard Cheney. The approach has allowed Pence to emerge as a key ally for corporations inside the Trump White House even as the president vows to “drain the swamp.” Pence’s inner circle includes friends, donors, and former staffers who are among the lobbyists in regular contact with the vice president’s office. In several cases, the relationships are mutually beneficial, with lobbyists who have charged clients millions of dollars to access his office donating money to Pence-backed political causes.

Women Speak of Pervasive Harassment in DC Lobbying Culture
The Hill – Megan Wilson | Published: 6/19/2018

For K Street denizens, deals are often done over dinner or drinks, on business travel, or retreats. Much like Capitol Hill, the lobbying industry remains dominated by men, creating an environment where women say they are often subject to harassment and worse. Unlike in other industries, few women have been willing to come forward to talk about it. The Hill reached out to women on K Street, asking whether they had similar stories to those surfacing as part of the “Me Too” movement. More than a dozen women spoke about instances of sexual harassment or assault they say they have faced while working as lobbyists and political operatives, and in public relations.

Zinke Linked to Real Estate Deal with Halliburton Chairman
Politico – Ben Lefebvre and Nick Juliano | Published: 6/18/2018

U.S. Interior Secretary Ryan Zinke’s family is involved in a land deal with Halliburton Chairperson David Lesar, whose company does business with the Interior Department. A charitable foundation created by Zinke and run by his wife, Lola, is allowing a company co-owned by Lesar and his family to use a portion of its land in Whitefish, Montana, as a parking lot for the development. The Zinkes also own land on the other side of the development, and have long sparred with neighbors about their various plans for it. If the new hotel, retail stores, and microbrewery go through, real estate agents say, the Zinke-owned land next door would stand to increase substantially in value.

From the States and Municipalities:

Arkansas: Legislator-Graft Case Spotlights Arkansas Ethics-Law Flaws
Arkansas Online – Doug Thompson | Published: 6/18/2018

A lobbyist whose firm spent $3.5 million in Arkansas reported total legislator-related expenses of only $12,170 from 2010 to 2017, a comparison of his federal guilty plea and state ethics records show. Milton “Rusty” Cranford could spend up to 10 years in federal prison after pleading guilty to one count of federal program bribery. What changes the state Ethics Commission will recommend in light of events uncovered by federal investigators have not been determined, Executive Director Graham Sloan said. He said ethics laws leave reporting of lobbying and campaign expenses up to the entities involved, and the system relies on voluntary compliance, and people reporting noncompliance to the commission. Any change in that system would require new law, Sloan said.

California: ACLU Suit Targets Law That Bars Horn Honking at Protests
San Diego Union Tribune – Teri Figueroa | Published: 6/14/2018

When Susan Porter beeped her car horn in support of a political protest in San Diego last year, she quickly found herself pulled over and ticketed. According to the state vehicle code, horns are to be honked only for safety reasons or as part of a car alarm. Now, the American Civil Liberties Union of San Diego and Imperial Counties is asking a federal judge to find that state law unconstitutional, arguing in a newly filed lawsuit that preventing such honking chills free speech. The suit argues Porter is “censoring herself by refraining from using her vehicle horn for expressive purposes,” including supporting political rallies.

Colorado: Colorado Enacts Replacement Campaign Finance Enforcement System
National Law Review – Andrew Garrahan | Published: 6/19/2018

A federal court recently held that Colorado’s system for enforcing its campaign finance laws was unconstitutional. The secretary of state’s office has now enacted temporary enforcement rules, effective immediately. Under the new rules, any person may file a complaint, just like under the old system. But the rules now include three protections that attempt to prevent abuse of the system for political purposes. In addition to the enforcement changes, the new rules also establish a formal system for seeking advisory opinions on campaign finance issues.

Florida: A Persistent Gadfly Wins Again in the Supreme Court
WRAL – Adam Liptak (New York Times) | Published: 6/18/2018

The U.S. Supreme Court gave a civic activist in Florda another shot at proving his arrest at a city council meeting was in retaliation for his criticism of public officials. The court said it was ruling narrowly for Fane Lozman, whose battles with the Riviera Beach City Council had become legendary. It said a lower court had been wrong to stop his retaliation lawsuit. The case grew from an attempt to cut Logan off at a council meeting into a major free-speech showdown that carried nationwide implications for citizens arrested, as Lozman was, by government officials whom they criticize.

Georgia: Candidate for Georgia Governor Bought Condo from Lobbyist
New York Times – Kevin Sack | Published: 6/14/2018

A Republican candidate for Georgia governor reportedly bought an Atlanta condominium from a lobbyist at what appeared to be a discount. The New York Times, citing real estate records, says Lt. Gov. Casey Cagle purchased the condo 10 years ago at 24 percent less than its appraised value. It was bought from Terry Hobbs, a lobbyist who represents natural gas marketer SCANA. Cagle sold the condo last year at a 29 percent profit. As lieutenant governor, Cagle presides over the Senate and controls the flow of legislation there. Cagle said the sale was “a legitimate transaction” and Hobbs had not lobbied him on any issue around the time of the sale.

Kansas: Judge Slams Kobach for Flouting Court Rules
Politico – Josh Gerstein | Published: 6/18/2018

A federal judge permanently struck down Kansas’s proof-of-citizenship voter registration law, rebuking Kansas Secretary of State Kris Kobach, one of the country’s most vocal advocates of voter-ID laws. U.S. District Court Judge Julie Robinson said the state’s requirement that voters show proof of citizenship during registration violated both the Constitution and the National Voter Registration Act. Robinson struck down the law and ordered Kobach to take six additional hours of continuing legal education that “pertain to federal or Kansas civil rules of procedure or evidence.” In an earlier ruling, Robinson held Kobach in contempt for skirting court orders related to the law and failing to send postcards confirming registration for thousands of voters.

Kentucky: Kentucky Man Gets 30-Day Sentence in Attack on Senator Rand Paul
Reuters – Suzannah Gonzales | Published: 6/19/2018

U.S. Sen. Rand Paul’s neighbor was sentenced to 30 days in prison for tackling the lawmaker while he was out doing yard work at his Kentucky home. Paul, who suffered broken ribs, had hoped for a harsher penalty. He said in a statement that the 21 months in prison sought by prosecutors “would have been the appropriate punishment.” Rene Boucher pleaded guilty to assaulting a member of Congress in the attack. Boucher said he was triggered by Paul repeatedly stacking debris near their property line in Bowling Green and “lost his temper.” Boucher must serve a year of supervised release after the prison time, stay away from the Paul family, and pay a $10,000 fine.

Maryland: Candidate’s Relationship with Talk Radio Station Raises Questions About Campaign Finance
Baltimore Sun – Libby Solomon | Published: 6/18/2018

Nino Mangione’s family owns talk radio station WCBM 680. He is the station’s web manager. Until April, he even hosted a weekly, hourlong talk show. But Mangione is also running to be a state delegate, a situation one of his opponents said is problematic. “… He’s using his family-owned media platform to promote his own candidacy, and doesn’t seem to understand the conflict of interest involved,” said Justin Kinsey. Mangione said when the WCBM website posts stories about his campaign, it is just reporting the news, not advertising his campaign. Attorney Andy Levy said the relationship could potentially be considered an in-kind campaign contribution, subject to reporting requirements and limits.

Massachusetts: City Council Offers Own Lobbying Bill, Straying from Marty Walsh’s Proposal
Boston Globe – Milton Valencia | Published: 6/19/2018

Boston City Council members Michelle Wu and Michael Flaherty introduced a new lobbying ordinance. The proposal would require lobbyists and their clients to file notices with the city and pay an annual fee: $1,000 for a lobbyist and $500 for a client. They would have to file quarterly reports. A plan to reform the city’s lobbying law was proposed by Mayor Martin Walsh two years ago with a home rule petition that needed the state Legislature’s approval. Wu and Flaherty are proposing a local ordinance, which needs approval from only the council and mayor. But the versions are different enough to raise questions whether a deal can be reached on any changes to the city’s minimal lobbyist registration and disclosure requirements.

Ohio: Convicted Ohio Republican Businessman’s Company Targets Democrats
Philadelphia Inquirer – Julie Carr Smyth (Associated Press) | Published: 6/20/2018

Ben Suarez, an Ohio direct-marketer who was convicted of witness tampering in a campaign finance investigation, is organizing an operation to retaliate against the prominent Democrats he blames for putting him in prison. A memorandum lays out The Justice Association’s strategy for a lawsuit and ad campaign targeting U.S. Sen. Sherrod Brown, who is running for re-election this year, and former U.S. Attorney Steven Dettelbach, the Democratic nominee for state attorney general. It calls them “chief culprits” in a vast effort by Democrats to unjustly prosecute Republican-owned companies under former President Obama.

West Virginia: West Virginia Supreme Court Justice Indicted in Investigation He Initiated
Governing – Lacie Pierson (Tribune News Service) | Published: 6/21/2018

West Virginia Supreme Court Justice Allen Loughry, who wrote a book on political corruption in the state, was arrested by FBI agents and faces 22 charges alleging fraud, witness tampering, and lying to investigators. The indictment says Loughry used a state vehicle and credit card for personal use, including trips to visit family. It says Loughry also sought mileage reimbursements for trips even though he drove a state vehicle and used a government credit card for gas. He was accused of moving a leather couch and a valuable desk from the Supreme Court office to his home, and of lying to federal agents about his actions and trying to influence an employee’s testimony. Loughry has been suspended without pay.