February 17, 2017 •
News You Can Use Digest – February 17, 2017
Federal: Flynn Departure Erupts into a Full-Blown Crisis for the Trump White House Washington Post – Karen DeYoung, Abby Phillip, and Jenna Johnson | Published: 2/14/2017 President Trump’s ouster of national security adviser Michael Flynn, and the circumstances leading up […]
Federal:
Flynn Departure Erupts into a Full-Blown Crisis for the Trump White House
Washington Post – Karen DeYoung, Abby Phillip, and Jenna Johnson | Published: 2/14/2017
President Trump’s ouster of national security adviser Michael Flynn, and the circumstances leading up to it, have become a major crisis for the fledgling administration, forcing the White House on the defensive and precipitating the first significant breach in relations between Trump and Congress. Senate Majority Leader Mitch McConnell said it was “highly likely” the events leading to Flynn’s departure would be added to a broader probe into Russian meddling in the U.S. presidential election. Intercepts showed Flynn discussed U.S. sanctions in a phone call with the Russian ambassador, a conversation topic that Flynn first denied and then later said he could not recall. McConnell’s comments followed White House revelations that Trump was aware “for weeks” that Flynn had misled Vice President Pence and others about the content of his late December talks with Russian Ambassador Sergey Kislyak.
Report Shows ‘Untapped Power’ of Constituent Advocacy
Roll Call – Bridget Bowman | Published: 2/13/2017
The Congressional Management Foundation released a report highlighting more than a decade’s worth of its surveys that show how citizens can best influence lawmakers. According to the group’s research, citizens who show up in person and are well-prepared with facts and arguments can have a sizable impact on undecided legislators. But recent flare-ups at town hall meetings across the country have also demonstrated the impact of constituents who show up and make their voices heard. Bradford Fitch, one of the report’s authors, said phone calls and emails are not necessarily the most effective ways of communicating with legislators, and neither is a confrontation. “When you’re yelling, Congress isn’t listening,” Fitch said.
Trump Campaign Aides Had Repeated Contacts with Russian Intelligence
New York Times – Michael Schmidt, Mark Mazzetti, and Matt Apuzzo | Published: 2/14/2017
Intercepted calls and phone records show several aides and allies to President Trump’s campaign were in contact with senior Russian intelligence officials. Current and former U.S. officials who spoke with The New York Times said the contacts were discovered during the same time that intelligence agencies were investigating Russia’s extensive hacking campaign, later determined to be aimed at helping Trump win the White House. The agencies sought to learn whether the Trump campaign was colluding with the Russians on the hacking or other efforts. The officials interviewed said so far, they had seen no evidence of such cooperation. But the intercepts alarmed American intelligence and law enforcement agencies, in part because of the amount of contact that was occurring while Trump was speaking glowingly about Russian President Vladimir Putin.
Who is Donald McGahn, the Fiery Lawyer at the Center of Virtually Every Trump Controversy?
Washington Post – Matt Zapotosky and Sari Horwitz | Published: 2/14/2017
As White House counsel, Donald McGahn is supposed to provide the president with legal guidance on the thorniest issues of the day, and to manage disputes between power players inside the administration and the various executive agencies. McGahn has been at the center of virtually every controversy during the Trump administration. He is a veteran campaign finance lawyer and former member of the FEC. Before taking over the role in the administration, he worked at the Jones Day law firm and as general counsel to the Trump campaign. He is a consummate Washington insider, but like the man for whom he works, he has an independent streak, those who know him say. “Don is not a buttoned-down guy,” said Bradley Smith, a law professor at Capital University and longtime professional friend of McGahn.
From the States and Municipalities:
Florida – At Miami’s Airport, There’s Economy, First Class and … Politician
Miami Herald – Douglas Hanks | Published: 2/8/2017
A new report from the Miami-Dade ethics commission chastised the county-owned Miami International Airport for offering elected officials VIP treatment, including golf-cart rides, cutting to the front of security and Customs, and other courtesies normally reserved for foreign dignitaries. Investigators concluded most of the trips by officeholders came during official government business. But there are multiple mentions of personal travel too, including trips to visit sick relatives and other unspecified vacations. The airport’s Protocol Office arranged four escorts for Rebeca Sosa, a county commissioner, and three for her sister. “These are unexplained,” the report said of the sibling’s VIP transits
Florida – These Lawmakers Are On the Payroll of Firms That Lobby the Legislature
Sarasota Herald-Tribune – Zac Anderson | Published: 2/12/2017
The Florida Bar Association once issued a formal ethics opinion effectively prohibiting state lawmakers from working at firms that lobby the Legislature. That ethics opinion was rescinded in 1999 and now at least six Florida lawmakers, including the House speaker, work for law firms that lobby the Legislature. Those who defend the practice say there are provisions in state law and legislative rules to address any conflicts-of-interest. Some also argue that restricting such employment would discourage well-qualified individuals from serving in the Legislature because they would have to give up their jobs with big firms.
Kentucky – GOP Senators Want to Cut Sex Harassment Training
Louisville Courier-Journal – Morgan Watkins | Published: 2/13/2017
A few Republican state senators want to eliminate required sexual harassment training for lawmakers and cut back on the ethics-related instruction they receive, citing concerns about the effectiveness of those initiatives. Sen. John Schickel is sponsoring a bill would repeal existing requirements for lawmakers to go through sexual harassment and workplace harassment training. It also would require Kentucky legislators to sit through only 30 minutes of ethics-related instruction each January instead of the three hours currently mandated by state law. “It’s nothing more than political correctness training,” Schickel said. “If you don’t have good manners and good values when you come to Frankfort, I can assure you Frankfort will not teach them.”
Maryland – Gov. Hogan’s Office Has Blocked 450 People from His Facebook Page in Two Years
Washington Post – Ovetta Wiggins and Fenit Nirappil | Published: 2/8/2017
After a deluge of comments asking that he denounce President Trump’s controversial travel ban, Maryland Gov. Larry Hogan’s office blocked numerous posters and deleted their messages from his Facebook page. Gubernatorial spokesperson Doug Mayer said the governor’s office has blocked 450 people since Hogan took office two years ago. The office does not have a specific policy for handling comments on Hogan’s page, which has more than 146,500 likes. Mayer said most of the removed comments were “vulgar, derogatory, hateful or racist,” but aides have also deleted those that are a part of an organized effort. Erich Sommerfeldt, a public relations professor at the University of Maryland, said deleting negative comments, rather than responding to them, can hurt a company or public figure’s brand.
Missouri – Campaign Contribution Law Bans Corporation Donations to All Candidates
Missouri Times – Benjamin Peters | Published: 2/14/2017
Constitutional Amendment 2, which was approved by Missouri voters in November, places limits and rules on how candidates and committees can accept donations, including how much can be given. A recent advisory opinion from the Missouri Ethics Commission says the new law prohibits a corporation or labor organization from making direct contributions to a campaign committee, candidate committee, exploratory committee, or political party. That means no corporation may contribute to a candidate’s campaign at the statewide level. But with the race for St. Louis mayor and a number of local and municipal elections weeks away, the question has been raised of whether these rules apply to municipal election.
New Jersey – N.J. Election Agency Could Soon Fill Key Posts
Bergen Record – Salvador Rizzo | Published: 2/14/2017
Gov. Chris Christie and Democratic senators have struck a deal to reactivate New Jersey’s election watchdog agency, which has been toothless for nearly a year, unable to hold meetings or punish candidates who violate campaign finance restrictions. Senate Democratic leaders said they expect to fill all of the vacancies by March 13 on the Election Law Enforcement Commission (ELEC). Restoring ELEC to its full power is key to ensuring the integrity of this year’s election for governor, all 120 legislative seats, and hundreds of local races, experts said. Three persistent vacancies on ELEC’s four-member board have prevented it from holding meetings since last March, an unprecedented 11-month stretch of inactivity since the agency was founded in 1972.
North Carolina – N.C. Supreme Court Blocks Law Stripping Governor of Election Oversight Powers
Winston-Salem Journal – Richard Craver | Published: 2/13/2017
The North Carolina Supreme Court blocked a state law that strips the new Democratic governor of powers to oversee elections. A lower appeals court briefly let the law to take effect, allowing a revamped state elections board to meet for the first time. It is one of the changes passed in December that shifted power over running elections away from Gov. Roy Cooper. The law ends the practice of allowing the governor’s party to hold majorities on all state and county elections boards. Elections board positions would be evenly divided between major-party partisans. Republicans would control elections during even-numbered years, typically election years. It also combines the State Board of Elections with the campaign finance, lobbying, and ethics commissions into one state agency.
South Dakota – Candy-Filled ‘Gift’ Watches to Legislators Cause Uproar
Rapid City Journal – Bob Mercer | Published: 2/14/2017
Two volunteer lobbyists put fake gold watches containing candy on the desks of South Dakota legislators recently. They mentioned it to a news reporter who later took a photograph showing four legislators wearing the watches. The reporter posted the photo on an Internet blog. The series of events sparked a backlash from supporters of Initiated Measure 22 who said the picture was offensive. The four senators in the photo voted to repeal the ballot measure. IM 22 would have created a publicly funded campaign system for candidates for the Legislature and state offices. It also would have established lobbyist gift limits, changed campaign contribution laws, and set up an ethics commission.
Tennessee – Amid Ongoing Durham Scandal, Probe Shows Problems with Law
The Tennessean – Joel Ebert and Dave Boucher | Published: 2/13/2017
A recent state audit that said former Rep. Jeremy Durham violated Tennessee’s campaign finance law is “packed with problematic stuff” that may provide fertile ground for an ongoing federal probe, said former U.S. Attorney Jerry Martin. The scrutiny on Durham shines a light on the state campaign finance law, created with light punishments by those it is intended to police. In addition, Durham’s actions outlined in the audit offer a glimpse of the criminal consequences he could face.
Texas – How Blind Is This Texas Oil Regulator’s Blind Trust, Managed by His Brother-in-Law?
Dallas News – Steve Thompson | Published: 2/7/2017
Since his election to a seat on the Texas Railroad Commission in 2014, Ryan Sitton has voted on dozens of issues involving energy companies that hire his firm, Pinnacle Advanced Reliability Technologies. Its business is helping clients ensure equipment stays reliable. Many of these issues have come before the oil and gas commission as part of its consent agenda, where items of no controversy are packaged together for approval. But a few have been contentious, and Sitton has played big roles in deciding them. Not once has Sitton disclosed a relationship or recused himself. Texas law prohibits state officials from voting on matters in which they have a “personal or private interest” and requires them to publicly disclose such conflicts. But the law does not clearly define a “personal or private interest.”
Vermont – Scott Administration Discourages Fraternizing with Lawmakers, Lobbyists
Vermont Press Bureau – Neal Goswami | Published: 2/10/2017
Vermont Gov. Phil Scott reportedly has directed staff and administrative personnel to avoid fraternizing after hours with legislators and lobbyists, but some observers say the directive is unrealistic in tiny Montpelier. Many states have codes of conduct for state employees and officials to follow regarding lobbyists, as do the federal government and the armed forces. But how realistic is Scott’s directive given the long tradition of lawmakers, lobbyists, and state officials rubbing – and bending – elbows together after hours?
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
December 30, 2016 •
News You Can Use Digest – December 30, 2016
National: When One Party Has the Governor’s Mansion and the Other Has the Statehouse New York Times – Trip Gabriel | Published: 12/26/2016 Governors outgunned by veto-proof majorities in their Legislatures have successfully used the bully pulpit of their office, going over the […]
National:
When One Party Has the Governor’s Mansion and the Other Has the Statehouse
New York Times – Trip Gabriel | Published: 12/26/2016
Governors outgunned by veto-proof majorities in their Legislatures have successfully used the bully pulpit of their office, going over the heads of part-time lawmakers to directly appeal to citizens. Other times, governors have profited from a basic law of politics: they are usually more popular than legislative bodies, whose job favorability is little higher than that of perpetrators of Ponzi schemes. And governors in control of the bureaucracy of the executive branch have found that, like President Obama in the face of congressional obstruction, they can pull the levers of executive action to advance an agenda.
Wielding Claims of ‘Fake News,’ Conservatives Take Aim at Mainstream Media
New York Times – Jeremy Peters | Published: 12/25/2016
Until now, the term “fake news” had been understood to refer to fabricated news accounts that are meant to spread virally online. But conservative cable and radio personalities, top Republicans, and President-elect Donald Trump, incredulous about suggestions that fake stories may have helped swing the election, have appropriated the term and turned it against any news they see as hostile to their agenda. In defining “fake news” so broadly and seeking to dilute its meaning, they are capitalizing on the declining credibility of all purveyors of information. And conservatives, seeing an opening to undermine the mainstream media, a longtime foe, are more than happy to dig the hole deeper.
Federal:
Donald Trump Plans to Shut Down His Charitable Foundation, Which Has Been Under Scrutiny for Months
Washington Post – Mark Berman and David Fahrenthold | Published: 12/24/2016
President-elect Donald Trump announced he intends to dissolve his charitable foundation, his latest move aimed at settling ethical conflicts that have already dogged the incoming administration. The Donald J. Trump Foundation has come under scrutiny this year after a series of news reports detailing its practices, including cases in which Trump apparently used the charity’s money to settle lawsuits involving his for-profit businesses. New York’s attorney general has been investigating the charity after some of these reports, and a spokesperson for that office said the foundation could not officially shut down until that probe is over.
Inside the Trump Organization, the Company That Has Run Trump’s Big World
New York Times – Megan Twohey, Russ Buettner, and Steve Eder | Published: 12/25/2016
With entanglements around the world, many packaged in a network of licensing agreements and limited liability companies, the Trump Organization poses a raft of potential conflicts for a president-elect who has long exerted tight control over his business. Donald Trump, owner of all but the smallest sliver of the privately held company, has said while the law does not require it, he is formulating plans to remove himself from the company’s operations. But amid rising pressure, Trump and his advisers have been debating further steps. Yet an examination of the company underscores the challenges of taking Donald Trump out of the picture. His company is a distinctly family business fortified with longtime loyalists that operates less on standardized procedures and more on a culture of its leader.
Navy Repeatedly Dismissed Evidence That ‘Fat Leonard’ Was Cheating the 7th Fleet
Washington Post – Craig Whitlock | Published: 12/27/2016
The Navy allowed the worst corruption scandal in its history to fester for several years by dismissing evidence that a Singapore-based contractor, Leonard Francis, was cheating the service out of millions of dollars and bribing officers with alcohol, prostitutes, and lavish dinners. Staffers at U.S. Pacific Fleet headquarters were so worried about the potential for trouble that they drafted a new ethics policy to discourage Navy personnel from accepting favors from Francis. But their effort was blocked for more than two years by admirals who were friendly with the contractor. It took officials years to gather enough evidence to charge Francis and arrest him. He has pleaded guilty to defrauding the Navy of $35 million.
U.S. Punishes Russia for Election Hacking, Ejecting Operatives
New York Times – David Sanger | Published: 12/29/2016
The Obama administration announced new measures in retaliation for what officials have characterized as Russian interference in American elections, ordering the removal of 35 Russian government officials from the U.S. and sanctioning agencies and individuals tied to the hacks. The announcement culminates a debate over whether and how to respond to Russia’s unprecedented election-year provocations, ranging from the hacks of the Democratic National Committee to the targeting of state electoral systems. President-elect Donald Trump suggested the U.S. should drop its effort to retaliate against Russia, and cast doubt on intelligence agencies’ conclusion that Russia was behind the hacks.
From the States and Municipalities:
California
How to Influence the California Legislature? New Spending Details Revealed
Sacramento Bee – Taryn Luna and Jim Miller | Published: 12/28/2016
The third quarter of 2016, which included the end of the legislative session, was so important that companies, unions, trade associations, and other groups paid $84.4 million to lobby California officials on bills and regulations during the three-month period. Much as campaigns for candidates seek to win over voters, the disclosure filings underline the extent to which special-interest groups employ some of the same resources to make their cases to lawmakers and state officials. They also for the first time provide details about which political consultants, public-relations experts, advertising firms, and other non-lobbyist advocates are being paid to influence policy.
California
Santa Clara County Bosses Let Workers Take Toys Meant for Needy Kids
San Jose Mercury News – Ramona Girwagis | Published: 12/23/2016
Expensive toys intended as Christmas presents for poor children were handed out instead to dozens of Santa Clara County employees, and the county executive’s office says they do not need to return them. County employees walking to their cars from work saw the items being unloaded from trucks at the Santa Clara County building as part of a toy drive. County Executive Jeff Smith insisted that county employees who took the toys understood they needed to donate them to a nonprofit or church. But he could provide no documentation that workers were told to donate them. Smith acknowledged the county has no way of knowing whether the employees donated the gifts or kept them for themselves. “Had we realized that this was going on we probably would have organized it differently,” said Steve Preminger, a special assistant to Smith.
Florida
Shining a Light on Lobbyists, New Efforts to Curb Their Influence
Tallahassee Democrat – James Call | Published: 12/18/2016
It is a new era in Washington, D.C. and Tallahassee, and the winners of the November election are imposing new realities on how lobbyists can operate. New lobbyist-disclosure requirements approved by the Florida House aim to reveal how paid advocates and lawmakers interact behind the scenes. The rules place the lobbying corps in a delicate situation. They clearly target their product – influence – yet opposition would alienate House Speaker Richard Corcoran, the official with the ability to see that their bill, amendment, or request never gets heard. Lobbyists said they are figuring out how to navigate the new working conditions.
Missouri
With Greitens’ Blessing, Lawmakers Aim for Lobbyist-Gift Ban
Springfield News-Leader – Summer Ballentine (Associated Press) | Published: 12/25/2016
Maybe this year, with support from Gov.-elect Eric Greitens, Missouri lawmakers will be able to keep lobbyists from giving officeholders expensive dinners or concert tickets. If lawmakers fail to deliver in the 2017 session, it would break a campaign promise from Greitens, who largely focused on how he would tackle corruption in the Capitol, which in recent years has been marred by ethics scandals, and said such a ban is his first goal. It is also among the top priorities for House Speaker Todd Richardson, who said he was personally disappointed when an ethics bills did not pass last session.
New York
De Blasio Signs Measures Limiting Political Contributions
Newsday – Matthew Chayes | Published: 12/22/2016
New York City Mayor Bill de Blasio signed campaign finance reform legislation recently. Included in the bills are limits on contributions by donors with business before the city to elected officials’ political nonprofits, ostensibly aimed at a group like the mayor’s now-defunct Campaign for One New York. Other legislation eliminates public matching funds for contributions bundled by people doing business with the city, limits amounts donated for transition and inauguration activities, and changes eligibility requirements for certain activities like debates.
New York
JCOPE Settles with Firms Caught Up in Skelos, Silver Cases
Albany Times Union – Casey Seiler | Published: 12/28/2016
The New York Joint Commission on Public Ethics reached settlements over lobbying violations with companies involved in the corruption cases of former Senate Majority Leader Dean Skelos and ex-Assembly Speaker Sheldon Silver. Glenwood Management will pay a $200,000 fine and Administrators for the Professions will pay $70,000. Glenwood failed to disclose meetings and other lobbying activities before Skelos, and recommended to a company that it hire his son as a consultant. Glenwood also retained a law firm knowing a portion of the fees it paid would be shared with Silver. Administrators for the Professions admitted in the course of lobbying Skelos, it employed his son in an arrangement designed to curry favor with the senator.
New York
NYCLU, ACLU Sue New York Over Ethics Law
Albany Times Union – Chris Bragg | Published: 12/22/2016
A civil liberties group has joined in the call for a federal judge to strike down new donor-disclosure provisions in New York that allegedly stray from their anticorruption goals, hurting the protected speech rights of both nonprofits and donors. The new law mandates the public disclosure of all donors and contributions to a 501(c)(3) in excess of $2,500 whenever that organization makes an “in-kind donation” of over $2,500 to certain 501(c)(4)s engaged in lobbying activity. For 501(c)4 disclosure, the law lowers the threshold from $50,000 to $15,000 in annual lobbying spending. Unless the lawsuits succeed in getting an injunction, the first lobbying reports with the new disclosure requirements are due at the end of January.
Oklahoma
An Oklahoma Newspaper Endorsed Clinton. It Hasn’t Been Forgiven.
New York Times – Manny Fernandez | Published: 12/26/2016
The Enid News & Eagle, a red newspaper in a red county in what is arguably the reddest of states went blue this campaign season and endorsed Hillary Clinton for president. The editorial board wrote that Donald Trump lacked “the skills, experience or temperament to hold office.” It was the first Democratic endorsement for president in the modern history of the newspaper, which was founded in 1893. Enid was stunned, and this slow-paced agricultural town of 52,000 near the Kansas state line has not been the same since. Around the country, as newspapers big and small are struggling to keep subscribers, a handful of papers with conservative editorial boards made news by either endorsing Clinton or urging readers to back anybody but Trump.
South Carolina
Possibility of More S.C. Lawmakers Charged with Corruption Looms
Aiken Standard – Seanna Adcox (Associated Press) | Published: 12/24/2016
Following the 30-count indictment of a former state House majority leader, questions over who else may face corruption charges will loom over South Carolina’s 2017 legislative session. The misconduct and ethics charges against Rep. Jim Merrill, the first since former Speaker Bobby Harrell pleaded guilty and resigned more than two years ago, ended all speculation that lawmakers could breathe easy. And prosecutor David Pascoe made clear he is not done. “This is still an ongoing investigation,” Pascoe said in a recent statement.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
December 2, 2016 •
NYCU Video Digest – December 2, 2016
See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!
See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!
December 2, 2016 •
News You Can Use Digest – December 2, 2016
National: Donald Trump’s Early Backers in State Government May See Rewards New York Times – Monica Davey | Published: 11/23/2016 In every race for the White House, there are early and fierce endorsers of the winning candidate who are […]
National:
Donald Trump’s Early Backers in State Government May See Rewards
New York Times – Monica Davey | Published: 11/23/2016
In every race for the White House, there are early and fierce endorsers of the winning candidate who are then viewed, post-election, as having greater influence. Some are courted for cabinet spots, but more seek the president’s ear on state policies, federal funds, and infrastructure projects. Rarely, though, are the lines as stark as in this election, largely because some Republican leaders took the unusual step of not endorsing Donald Trump – early or ever. And what this means now for the ones who did is far from clear.
How Stable Are Democracies? ‘Warning Signs Are Flashing Red’
New York Times – Amanda Taub | Published: 11/29/2016
Political scientists have a theory called “democratic consolidation,” which holds that once countries develop democratic institutions, a robust civil society, and a certain level of wealth, their democracy is secure. Yascha Mounk, a lecturer in government at Harvard, has spent the past few years challenging that assumption. His research suggests that liberal democracies around the world may be at serious risk of decline.
News Outlets Rethink Usage of the Term ‘Alt-Right’
New York Times – Sydney Ember | Published: 11/28/2016
With the election of Donald Trump – and his subsequent appointment of Stephen Bannon, a former chairperson of the right-wing website Breitbart News, as his chief White House strategist – the term alt-right has emerged as a linguistic flash point. Generally deployed by news organizations to describe a far-right, white nationalist movement known for its aggressive online expression, the term has attracted widespread criticism among those, particularly on the left, who say it euphemizes and legitimizes the ideologies of racism, anti-Semitism, Islamophobia, and white supremacy.
Federal:
Trump Announces He Will Leave Business ‘in Total’ – Leaving Open How He Will Avoid Conflicts of Interest
Washington Post – Drew Harwell | Published: 11/30/2016
Donald Trump said he would take steps to separate himself from his global business empire in the hopes of preventing the appearance of a conflict-of-interest as he becomes president. But Trump’s announcement, delivered in a series of early-morning posts on Twitter, drew an immediate rebuke from legal and ethics experts, who said the posts suggest Trump is not planning to take sufficient steps to eliminate the conflicts. It remains unclear what the president-elect’s plan will look like, but simply removing Trump from operational, day-to-day control of business decisions still could allow him to benefit financially from payments made to his companies by foreign governments, which may be prohibited by the so-called emoluments clause of the Constitution.
Trump to Accept Inauguration Funds from Corporations and Big Donors
New York Times – Nicholas Fandos | Published: 11/23/2016
President-elect Donald Trump is hoping to raise $65 million to $75 million to fund the activities planned for his inauguration. Trump plans to ban money from registered lobbyists, whom he barred from working for his administration. But the restrictions will be lighter on corporations and individuals, the groups that have traditionally provided a vast majority of funding for the festivities surrounding the transfer of power. Trump will seek corporate contributions of up to $1 million and even allow donations from PACs on a case-by-case basis. The restrictions, which members of the inaugural committee cautioned have yet to be finalized, represent a continued march back from standards set in 2009 by Barack Obama.
Trump’s Twitter Addiction Could Reshape the Presidency
Politico – Eli Stokols | Published: 11/29/2016
President-elect Donald Trump has recently proposed a reversal in American diplomatic relations with Cuba, boasted about negotiations with a major manufacturer, trumpeted false claims about millions of illegal votes, and hinted that he might upend current free speech laws by banning flag burning. All in 140 characters or less. As news organizations grapple with covering a commander in chief unlike any other, Trump’s Twitter account – a bully pulpit, propaganda weapon, and attention magnet all rolled into one – has as quickly emerged as a journalistic challenge and a source of lively debate.
From the States and Municipalities:
District of Columbia – D.C. Council to Debate Emergency Legislation on Campaign Finance Reform
Washington Post – Jasper Scherer | Published: 11/23/2016
District of Columbia Councilperson Kenyan McDuffie said he will introduce emergency legislation to bar contributions to PACs during non-election years in an effort to close what some view as a major campaign finance loophole before the start of 2017. McDuffie chairs the council’s Judiciary Committee, which is considering five related campaign finance reform bills, some of which include a closure of the loophole. Those bills are unlikely to pass before the legislative period closes at the end of the year, but McDuffie’s emergency bill would bypass many of the steps ordinarily required.
Maine – Maine Lawmakers Say Trips at Taxpayer Expense Are Vital
Portland Press Herald – Scott Thistle | Published: 11/27/2016
Five Maine lawmakers traveled to northern Labrador to learn more about a growing hydropower industry that some hope could lower electricity costs in Maine. Reps. Mark Dion and Ken Fredette said the nearly $1,500 cost to taxpayers was justified by what they and their colleagues learned. Both said that getting into the field and away from the meeting rooms in Augusta was important in helping policymakers understand how their state might benefit from shifting regional energy markets. The trip is one highlight in dozens of taxpayer-funded excursions reviewed as part of a Freedom of Access Act request for records of out-of-state travel by lawmakers in 2015 and 2016. The Maine Sunday Telegram sought the expense records after Democratic state senators accused two of their Republican colleagues of “double dipping” on expense reimbursements, including for out-of-state travel.
Minnesota – Obscure Party Funds Become Minnesota Campaign Cash Magnets
Minnesota Public Radio – Brian Bakst | Published: 11/30/2016
While Minnesota law limits how much individual candidates can take from lobbyists and PACs, the rules are looser for local party units. Interest groups have channeled hundreds of thousands of dollars to Republican and Democratic causes the past few years by moving the money through the local political units of some of the state’s most powerful lawmakers. The money flies mostly under the public radar but buys lobbyists visibility and possibly influence with the Capitol’s power brokers.
Missouri – Could 2017 Be The Year That Ethics Reform Takes Hold in Missouri?
Kansas City Star – Jason Hancock | Published: 11/28/2016
Jefferson City’s reputation has been fueled in part by the fact that Missouri is the only state with no limits on both campaign contributions and lobbyist gifts. As a result, huge donations to campaigns have become commonplace, and elected officials accept hundreds of thousands of dollars in gifts every year. Reform efforts stalled during the 2016 legislative session. But disappointment has given way to optimism over the results of the recent election. Missourians approved a constitutional amendment reinstating contribution limits, and elected candidates for governor and attorney general who made corruption the centerpiece of their campaigns. Voters gave lawmakers a mandate to finally pass meaningful ethics reform, said Assistant Senate Majority Leader Bob Onder.
New York – Emails Released by Mayor de Blasio’s Office Detail Reliance on Outside ‘Agents’
New York Times – J. David Goodman | Published: 11/23/2016
New York City Mayor Bill de Blasio’s administration released a third batch of its correspondence with outside advisers that it has designated as “agents of the city.” The emails date to the first days of de Blasio’s tenure, from early 2014 through April 2015. Watchdog groups have raised concerns that the advisers act as a “shadow government” and present concerns about conflicts-of-interest because they also represent companies that do business with the city.
North Carolina – In North Carolina, No End in Sight to Governor’s Race
New York Times – Richard Fausset | Published: 11/29/2016
The North Carolina governor’s race remains an unresolved, contested muddle. The challenger, Roy Cooper, has declared victory. But incumbent Pat McCrory, trailing by thousands of votes in the as-yet-unfinished tally, has refused to concede, as he and his allies charge the election was marred by numerous irregularities. The imbroglio is so complicated that a spokesperson for the State Board of Elections could not say when it might be resolved. It comes amid a broader wave of skepticism about the integrity of the basic mechanics of the American electoral process, including the recount of the presidential results in three states. The move enraged President-elect Donald Trump, who said on Twitter that “millions” of people had illegally voted for Hillary Clinton, a widely derided claim for which he offered no evidence.
South Dakota – Daugaard Favors Repeal of New Ethics Law
Rapid City Journal – James Nord (Associated Press) | Published: 11/23/2016
Over two dozen Republican lawmakers and others are going to court to block a government ethics overhaul approved by South Dakota voters on November 8. Their lawsuit filed in state court challenges the constitutionality of the ballot measure that took effect recently. Foes of the measure argue provisions including an ethics commission and limitations on lobbyist gifts to lawmakers run afoul of the state or federal constitutions, or both. Gov. Dennis Daugaard said he does not plan to include millions of dollars of funding in his December budget proposal for a public campaign finance system established under the new law.
Virginia – Special Interests Spend Millions to Pay Virginia Legislators’ Bills
The Daily Press – Dave Ress | Published: 11/27/2016
Virginia law does not place limits on who can give to political campaigns or on how much can be donated. Similarly, state law sets no rules for where or how candidates may spend campaign funds. That means money contributed to campaigns can, and often does, pay for expenses that have nothing to do with running for office. Large sums flow in – and keep rising, year after year, even though many legislators do not actually face opponents and only a handful represent districts where opponents can mount a serious challenge.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
November 18, 2016 •
News You Can Use Digest – November 18, 2016
National: Political Divide Splits Relationships – and Thanksgiving, Too New York Times – Sabrina Tavernise and Katharine Seely | Published: 11/15/2016 The election is over, but the repercussions in people’s lives may be just beginning as families across America contemplate uncomfortable holidays – […]
National:
Political Divide Splits Relationships – and Thanksgiving, Too
New York Times – Sabrina Tavernise and Katharine Seely | Published: 11/15/2016
The election is over, but the repercussions in people’s lives may be just beginning as families across America contemplate uncomfortable holidays – or decide to bypass them – and relationships among friends, relatives, and spouses are tested across the political divide. Democrats in some cases are refusing to sit across the table from relatives who voted for President-elect Donald Trump, a man they say stands for things they abhor. Many who voted for Trump say it is the liberals who are to blame for discord, unfairly tarring them with the odious label of “racist” just because they voted for someone else.
Rights Groups See ‘Unprecedented’ Support in Wake of Election
Washington Post – Sandhya Somashekhar | Published: 11/15/2016
Perhaps the most concrete action to follow the end of the divisive election season has been a surge in donations to various organizations whose agendas counter those proposed by President-elect Donald Trump. In recent days, groups that champion causes like civil liberties and women’s health, as well as focus on immigration rights and anti-discrimination initiatives, have seen record responses to the election in the form of contributions and volunteer applications. Left-leaning organizations say they are being forced to regroup in the wake of the election that gave Republicans control of both the White House and Congress for the first time in a decade.
Why Facebook and Google Are Struggling to Purge Fake News
Washington Post – Nick Wingfield, Mike Isaac, and Katie Benner | Published: 11/15/2016
Google and Facebook announced they would ban fake news sites from using their respective advertising platforms, a strategy aimed at cutting off some of the revenue sources for the sites, which have been under fire for stoking fears during the campaign. Facebook will bar all fake news sites from its Facebook Audience Network, while Google will ban them from using its AdSense ad-selling software. The move has raised new questions about long-standing claims by Facebook, Google, and other online platforms that they have little responsibility to exert editorial control over the news they deliver, even when it includes outright lies, falsehoods, or propaganda that could tilt elections.
Federal:
Former Illinois Congressman with ‘Downton Abbey’ Office Is Indicted
Washington Post – Matt Zapotosky | Published: 11/10/2016
Former U.S. Rep. Aaron Schock, whose taste for first-class travel and a “Downton Abbey”-themed office design led to questions about his judgement and adherence to spending rules, was indicted by a federal grand jury on 24 counts, including wire fraud and theft of government funds. Ethics questions arose after The Washington Post reported on his opulent Capitol Hill office in 2015, which prompted a government investigation into whether he had improperly accepted pro bono interior design services. Schock personally paid back $40,000 for office renovations, which included a crystal chandelier and a plume of pheasant feathers. A New York Times article described the office as being decorated like a drawing room from “Downton Abbey.”
How Federal Ethics Laws Will Apply to a Trump Presidency
New York Times – Steve Eder | Published: 11/11/2016
A theme of Donald Trump’s presidency is likely to be the clash of his duties running the country with the remnants of his decades as a businessperson. But federal rules and precedent make a couple of things clear. Trump will have no immunity from lawsuits involving his corporate ventures, thanks to a U.S. Supreme Court ruling involving Paula Jones, one of former President Bill Clinton’s accusers. And nothing will stop Trump’s family from continuing to run its vast international web of businesses. Federal ethics laws and conflict-of-interest statutes that apply to other federal employees and cabinet members do not apply to the president.
Trump Draws Sharp Rebuke, Concerns Over Newly Appointed Chief White House Strategist Stephen Bannon
Washington Post – Jose DelReal | Published: 11/13/2016
Critics denounced President-elect Donald Trump for appointing Stephen Bannon to a top White House position as chief strategist. Civil rights groups, senior Democrats, and some Republican strategists have said that Bannon, the former head of Breitbart News, will bring anti-Semitic, nationalist, and racist views to the West Wing. Bannon has said while there are fringe elements associated with the right-wing nationalist movement, his critics are painting with too broad a brush. “These people are patriots,” he said. “They love their country. They just want their country taken care of.”
Trump Team Sets Broader Limits on Lobbying by Former Staff
New York Times – Michael Shear and Eric Lipton | Published: 11/16/2016
President-elect Donald Trump’s transition team announced it will require incoming officials to terminate their lobbyist registrations and agree not to lobby again for five years after leaving the administration. The sweeping post-employment restrictions could make it difficult for Trump, whose transition team has struggled to get off the ground, to attract experienced professionals in policy circles where lobbying is a common revenue stream. The policy is in some ways far more rigid than President Barack Obama’s groundbreaking lobbyist ban.
From the States and Municipalities:
Alabama – Strange’s Office Asked Groups for Input on Ethics Law
Montgomery Advertiser – Brian Lyman | Published: 11/15/2016
A few months after securing the conviction of House Speaker Mike Hubbard under the state ethics law, Alabama Attorney General Luther Strange’s office solicited input about the law and its application to groups covered by it. The main point of unease grows from the Hubbard jury’s application of the ethics law to individuals and organizations who hire lobbyists, known as principals. The state’s ethics law forbids legislators from asking for or receiving any “thing of value” from a lobbyist or a principal. The Hubbard trial also led to questions about how state employees could find employment in the private sector without violating the ethics law.
Florida – Toll Board Lobbyist Accused of Foiling County’s Push for Transit Funds
Miami Herald – Douglas Hanks | Published: 11/11/2016
The private lobbyist Miami-Dade County hired to push transit legislation had another client on the issue that paid more: the Miami-Dade Expressway Authority. A report from the county’s ethics board criticized the lobbyist, Fausto Gomez, for not disclosing the “potential conflict” and recommended that the county commission ban his firm, Gomez Barker, from county lobbying contracts for up to three years.
Illinois – Red Light Cameras Figure Given 2 1/2 Years in Prison for Massive Bribe Scheme
Chicago Tribune – David Kidwell | Published: 11/10/2016
The former chief executive officer of Chicago’s longtime red light camera vendor was sentenced to two-and-one-half years in prison for her role in a $2 million cash-for-cameras bribery scheme with a top City Hall manager who rigged the contract for a decade. In addition to imposing the prison sentence, the judge ordered Karen Finley to pay $35,000 up front in restitution and then 10 percent of whatever net income she makes for the rest of her life. The sentence will run concurrent with the 14-month prison term given to Finley in federal court in Ohio for her role in a smaller bribes-for-contracts scheme there.
Massachusetts – Federal Prosecutors Open Criminal Grand Jury Probe of Thornton Law Firm Donations
Center for Responsive Politics – Andrea Estes (Boston Globe) and Viveca Novak | Published: 11/15/2016
Federal prosecutors have opened a grand jury investigation into potentially illegal campaign contributions from lawyers at the Thornton Law Firm, a leading donor to Democrats around the country. The U.S. attorney’s office is one of three agencies now looking into the Boston-based personal injury firm’s practice of reimbursing its partners for millions of dollars in political donations. The law firm has insisted the donations were legal, but soon after the media revealed the firm’s practice, politicians began returning hundreds of thousands of dollars in donations. Federal prosecutors, as well as state and federal campaign finance regulators, are investigating whether Thornton and its lawyers violated the law by paying “bonuses” to firm partners in the exact amount of their political donations and often on the same day. The firm’s attorney acknowledges the payments went on for a decade.
New Jersey – GWB Scandal Puts a Light on the Benefits of Lobbying
Bergen Record – John Reitmeyer | Published: 11/14/2016
Wolff & Samson is one of the top “go-to” law firms in New Jersey, continuing the tradition of others that reap benefits when a particular political party or close ally is in power. Public records show the law firm headed by David Samson, who was legal counsel for Gov. Chris Christie’s 2009 campaign and led his transition team, also has earned millions of dollars doing legal work for numerous government agencies during Christie’s tenure. Wolff & Samson also employs lobbyists who have represented major corporations seeking favorable outcomes from state government.
New York – Cuomo, Stung by a Scandal, Offers Ethics Reforms
New York Times – Vivian Yee and Jesse McKinley | Published: 11/16/2016
New York Gov. Andrew Cuomo said he is taking a number of unilateral steps designed to reduce potential conflicts-of-interest and fraud in the annual awarding of billions of dollars in state contracts. Cuomo said he will ban his political campaign and the state Democratic Party from accepting contributions from companies as they bid for state contracts. He will also create new watchdog positions to oversee the executive branch and the state’s higher-education system, among other reforms.
Tennessee – Legal Loophole Allows Donors to Obscure State Campaign Contributions
The Tennessean – Joel Ebert | Published: 11/14/2016
Andy Miller, one of the most significant Tennessee Republican Party donors in recent history, has used more than a dozen names, addresses, and job descriptions when giving as much as $550,000 in state contributions, making it difficult to track the money. The obfuscation of the donations to state PACs, incumbent state lawmakers, and legislative candidates illustrates a loophole in campaign finance law that helps wealthy donors skirt contribution limits, according to an analysis of more than a decade of campaign finance reports.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
November 4, 2016 •
News You Can Use Digest – November 4, 2016
National: Election Maps Are Telling You Big Lies About Small Things Washington Post – Lazaro Gamio | Published: 11/1/2016 November 8 is the Super Bowl for election maps, when red-and-blue geographical representations of the U.S. fill the front pages of news […]
National:
Election Maps Are Telling You Big Lies About Small Things
Washington Post – Lazaro Gamio | Published: 11/1/2016
November 8 is the Super Bowl for election maps, when red-and-blue geographical representations of the U.S. fill the front pages of news websites by night and newspapers the next morning. This kind of map is common in almost every election: 50 states (and the District of Columbia), two colors, one winner. Despite its ubiquity, it is profoundly flawed. These maps say only one thing – some states are bigger than others. In a presidential election, how much bigger the state of Wyoming is than New Jersey is not relevant to the outcome, which is based on how electoral votes are apportioned. If you chart the states by electoral votes, a more accurate picture of which states will elect Donald Trump or Hillary Clinton emerges.
Why Sexual Harassment Persists in Politics
New York Times – Sheryl Gay Stolberg | Published: 11/2/2016
It has been 25 years since Anita Hill testified against Clarence Thomas before an all-male Senate Judiciary Committee, and propelled the term sexual harassment into the national spotlight. Once again, the nation is debating gender roles, amid a presidential campaign that features a woman, Hillary Clinton, who stands a chance of becoming America’s first female president, against a man, Donald Trump, who has been caught on a recording bragging about kissing and groping women whenever he wanted. Politics and Legislatures, like many other environments, remain rife with sexual harassment – and young people, including men, are particularly at risk, and still reluctant to speak out.
Federal:
Abedin Tells Colleagues She’s in Dark About New Email Trove
Politico – Josh Gerstein | Published: 10/31/2016
Top Hillary Clinton aide Huma Abedin has told people she is unsure how her emails could have ended up on a device she viewed as her husband’s computer, the seizure of which has reignited the Clinton email investigation. A person familiar with the inquiry said Abedin was not a regular user of the computer, and when she agreed to turn over emails to the State Department for federal records purposes, her lawyers did not search it for materials, believing none of her messages to be there. That could be a significant oversight if Abedin’s work messages were indeed on the computer of her estranged husband, Anthony Weiner, who is under investigation for allegedly exchanging lewd messages with a 15-year-old girl. So far, it is unclear what – if any – new, work-related messages were found by authorities.
Evan Bayh’s Private Schedule Details Ties with Donors, Lobbyists
CNN – Manu Raju | Published: 11/1/2016
Former U.S. Sen. Evan Bayh is running to win back his seat in one of this year’s marquee races. His internal 2009 schedule obtained by CNN shows how he maneuvered behind the scenes during one of the most consequential periods of legislating on Capitol Hill. The schedule provides a rare account of how Bayh privately engaged with fundraisers, lobbyists, and donors who had a keen interest on issues. At times, his own campaign fundraiser was sitting in on his meetings with donors in his official Senate office, the schedule says, raising potential conflict-of-interest concerns. The schedule lays bare a reality of Washington, that well-connected donors often get a private audience with a powerful member of Congress, a luxury most Americans cannot afford.
For Democrats, Anthony Weiner Makes an Unwelcome Return
New York Times – Maggie Haberman and Alexander Burns | Published: 10/30/2016
Anthony Weiner – the name became almost a curse word among Democrats over the past few days as the disgraced former congressman unexpectedly surfaced in the final stretch of the presidential contest. Weiner, who lost his seat after repeated episodes in which he sent lewd messages to women, is now under federal investigation for allegedly sending sexual messages to a 15-year-old girl. In that inquiry, the FBI seized a laptop that contained thousands of messages belonging to Huma Abedin, Weiner’s estranged wife and a top aide to Hillary Clinton. FBI Director James Comey said investigators will now review those messages. “It’s like one of those ‘Damien’ movies – it’s like every time you think he’s dead, he keeps coming again,” said the Rev. Al Sharpton.
How Politicians Hide Their Spending from the Public
Politico – Shane Goldmacher | Published: 11/2/2016
Donald Trump has leveraged an increasingly popular loophole for politicians seeking to outmaneuver the campaign finance system: routing their spending through consulting firms to obscure the ultimate destination of their dollars, keeping the public in the dark about facts as basic as who they are paying and how much they are paying them. Hillary Clinton has paid her digital firm more than $55 million through payments from her campaign and joint committee with the party, and provided no specifics on the firm’s ad-buying or other activities. At its most extreme, a candidate could theoretically hire a single firm to run their entire campaign and only disclose that one payment.
Sleeping Like the Enemy
Politico – Shane Goldmacher and Annie Karni | Published: 11/1/2016
Since the debut of her official campaign plane on Labor Day, there have been full weeks when Hillary Clinton has campaigned every day in swing states and returned to her home every night in between. In total, she has spent a little over half a dozen nights on the road. Instead of more efficient campaign trips, Clinton has prioritized ending her days in either her farmhouse in New York or her mansion in Washington. In a campaign of contrasts, it is one of the most striking similarities between Clinton and Donald Trump – two well-to-do New Yorkers who add hours of travel to their schedules, and thousands of dollars to their campaign expenses, in order to avoid sleeping in hotels.
The Residents in the Nerdiest Group House in Washington Want to Shake Up Washington’s Oldest Trade
Washingtonian Magazine – Michael Gaylord | Published: 10/30/2016
Since its debut, Quorum has cranked out the political charts and graphics that websites and blogs feast on. At the same time, the company has signed up a passel of heavy-hitter clients who pay into the six figures per year, with Covington & Burling, the United Nations Foundation, Toyota, the Podesta Group, the Club for Growth, and U.S. House Majority Leader Kevin McCarthy among them. Quorum produces political intelligence for lobbyists and companies that monitor minute changes in policy. Its platform features bill tracking, social-media alerts, a searchable Congressional Record, and tools to connect and set up meetings with staffers.
From the States and Municipalities:
California – A $72-Million Apartment Project. Top Politicians. Unlikely Donors.
Los Angeles Times – David Zahniser and Emily Alpert Reyes | Published: 10/30/2016
Dozens of donors with direct or indirect connections to real estate developer Samuel Leung gave more than $600,000 to Los Angeles-area politicians as his $72-million project was being reviewed. Of those who donated, 11 said they did not give or do not remember doing so, raising questions about whether they were the true source of the money. Several donors said they could not recall basic information about their contributions, including why they gave and to whom. One donor said she was reimbursed for at least one conrtribution, a practice that is not permitted under the city’s ethics law.
Kentucky – Lobbyist Donations Aid Candidates Despite Law
Louisville Courier-Journal – Tom Loftus | Published: 10/31/2016
Those who lobby the General Assembly are forbidden by state law from making campaign contributions to candidates for the Kentucky House or Senate. But they are allowed to donate to state political parties, which this year have no higher priority than electing their candidates in the high-stakes races that will decide control of the House. And most major lobbyists are taking advantage of the opportunity.
Massachusetts – Law Firm ‘Bonuses’ Tied to Political Donations
Boston Globe – Viveca Novak (Center for Responsive Politics) and Andrea Estes | Published: 10/30/2016
The Thornton Law Firm in Boston commonly reimbursed the firm’s partners for their campaign contributions by awarding them bonuses. From 2010 through 2014, three partners donated nearly $1.6 million to Democratic Party fundraising committees and a parade of politicians. Over the same span, the lawyers received $1.4 million listed as “bonuses” in the firm’s records. Thornton said its donation reimbursement program was reviewed by outside lawyers and complied with applicable laws. Campaign finance experts said without reviewing the firm’s records, they cannot say the payback system breaks the law, but it raises numerous red flags.
Montana – Federal Judge Upholds Montana Campaign Disclosure Law
Montana Public Radio – Matt Volz (Associated Press) | Published: 11/1/2016
A federal judge upheld Montana’s campaign finance reporting and disclosure laws, rejecting arguments it unconstitutionally interferes with the free speech of groups that want to influence elections without revealing where they get their money or how they spend it. Montanans for Community Development, which had previously sued the state over its campaign finance laws, amended its lawsuit last year to challenge the Disclose Act. U.S. District Court Judge Dana Christensen knocked down each of the group’s arguments. Besides ruling the law serves an important government interest, the judge also rejected arguments it was overly burdensome to political committees and unconstitutionally vague on what constitutes a committee, expenditure, and contribution.
New York – Behind Closed Doors, Measures to Reform City’s Campaign Laws Raise Concerns
New York Times – Jim Dwyer | Published: 11/1/2016
Three years after elections revealed flaws in New York City’s campaign finance laws, the city council may be moving to fix some of the worst problems, but not without including a few changes that would benefit individual council members. Up to a dozen new bills are being shaped behind closed doors, and although no drafts have been released yet, word coming from the council has alarmed some of the city’s advocates for better and fairer elections.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
October 28, 2016 •
News You Can Use Digest – October 28, 2016
National: Insurers Give Big to Races Determining Their Regulators Center for Public Integrity – Michael Mishak | Published: 10/20/2016 The insurance industry has pumped more than $6 million into political efforts to influence a dozen state races that determine who regulates […]
National:
Insurers Give Big to Races Determining Their Regulators
Center for Public Integrity – Michael Mishak | Published: 10/20/2016
The insurance industry has pumped more than $6 million into political efforts to influence a dozen state races that determine who regulates the nation’s insurance companies. The giving is a critical part of a larger operation aimed at affecting the sleepy world of insurance regulation. A Center for Public Integrity investigation found a pattern of coziness between state insurance commissioners and the insurers they regulate, involving lavish dinners, corporate-backed trips to luxury resorts, and the implicit promise of industry jobs once commissioners leave office. Yet it starts with campaign contributions. Over the past decade, insurance companies and their employees were among the top political donors to commissioner candidates in at least six of the 11 states that elect regulators. And they are consistently among the top contributors to the two major political groups active in gubernatorial races.
Federal:
Brand Promotions Suggest Donald Trump Is Looking Past Election Day
New York Times – Maggie Haberman and Nick Corasaniti | Published: 10/26/2016
Time is running out on Donald Trump’s presidential campaign, but his closing argument sounds as much about his business interests as his electoral ones. As Hillary Clinton and her surrogates fan out across the battleground states, Trump’s schedule has found plenty of room for self-promotion. His actions are a remarkable display of personal promotion by a presidential nominee, raising questions about whether Trump, who has lived by the mantra that “all publicity is good publicity,” is at least partly casting his eye past the 2016 race, and toward bolstering the brand that bears his name.
Clinton Sticks with Obama’s Strict Lobbying Rules – for Now
Politico – Anna Palmer and Andrew Restuccia | Published: 10/26/2016
Hillary Clinton’s campaign is limiting how federal lobbyists can work with the transition teams that are tasked with planning for the transfer of power at dozens of key agencies. The campaign’s policy operation, which is a separate entity from the transition team, continues to be the point of contact for companies, consultants, and lobbyists. It is an indication that Clinton is unlikely to abandon all of the lobbying restrictions imposed by President Obama. The transition operation’s ethics pledge mandates that transition officials recuse themselves from working on any issues on which they have lobbied in the past year. The rules also require transition staff who stay in the private sector to agree, for one year, not to appear before or seek to influence any federal agency they focused on during the transition.
For Some Conservative Female Pundits, This Election Has Been a Nightmare
Washington Post – Kelsey Snell | Published: 10/25/2016
In CNN’s green room, the conservative women saturating the cable network’s prime-time lineup this election season typically make small talk. But recently, the silence backstage can be deafening. Especially when the subject is Donald Trump and his behavior toward women. This painful debate plays out nearly every night in front of millions of viewers, and it has only gotten more graphic and personal since the release of a videotape depicting Trump boasting about groping women. For conservative women like S.E. Cupp, a Trump opponent, this election has become a nightmare. These women say they would rather be explaining why Hillary Clinton is a bad choice for president, but Trump is like an asteroid blocking out all of the sun that might shine in a normal election.
How Mega-Donors Helped Raise $1 Billion for Hillary Clinton
Washington Post – Matea Gold and Anu Narayanswamy | Published: 10/24/2016
Determined not to fall behind in raising money for her presidential bid, Hillary Clinton ramped up her appeals to rich donors and shrugged off restrictions that President Obama had imposed on his fundraising team. Even as her advisers fretted about the perception that she was too cozy with wealthy interests, they agreed to let lobbyists bundle checks for her campaign, including those representing some foreign governments, emails show. Top aides wooed major donors for super PACs, taking advantage of the leeway that campaigns have to legally collaborate with the groups on fundraising. The effort paid off. Together with the party and pro-Clinton super PACs, the Democratic nominee had amassed $1.14 billion to support her campaign by the end of September.
Judge Preserves Fattah Bribery Conviction, Overturns Other Parts of June Verdict
Philadelphia Inquirer – Jeremy Roebuck | Published: 10/21/2016
A federal judge rejected former U.S. Rep. Chaka Fattah’s bid for a new trial, spurning arguments that a recent U.S. Supreme Court decision narrowing the legal definition of bribery would have changed the outcome of his case. U.S. District Court Judge Harvey Bartle III overturned Fattah’s convictions on four counts of fraud and falsifying records, but otherwise endorsed the jury’s conclusion that he had accepted bribes from wealthy supporter Herbert Vederman in exchange for official acts. The decision was one of the first to affirm a guilty verdict in a federal bribery case since the Supreme Court vacated the conviction of former Virginia Gov. Robert McDonnell, a ruling that legal experts feared would make prosecuting public corruption cases more difficult.
Want a Presidential Appointment? Step 1: Oppo research on yourself
Politico – Sarah Wheaton, Nancy Cook, and Andrew Restuccia | Published: 10/24/2016
More than a dozen people who expect, or simply hope, to be tapped by Hillary Clinton or Donald Trump have already reached out to top lawyers for help in sifting through their finances and business dealings in anticipation of being nominated to a top post in the next administration. This need for private professional help – before an election is even over and the confirmation process has begun – has spawned a small yet influential cottage industry within big Washington, D.C law firms of professional vetters, who can charge anywhere from hundreds of dollars to as much as $1,000 per hour to sort through a potential nominee’s convoluted finances, tax returns, or even old arrest records.
What Drives Donald Trump? Fear of Losing Status, Tapes Show
New York Times – Michael Barbaro | Published: 10/25/2016
The intense ambitions and undisciplined behaviors of Donald Trump have confounded even those close to him, especially as his presidential campaign comes to a tumultuous end, and he confronts the possibility of the most stinging defeat of his life. But in the more than five hours of conversations – the last extensive biographical interviews Trump granted before running for president – powerful driving force emerges: his deep-seated fear of public embarrassment. The recordings reveal a man who is fixated on his own celebrity, anxious about losing his status, and contemptuous of those who fall from grace. They capture the visceral pleasure he derives from fighting, his willful lack of interest in history, his reluctance to reflect on his life, and his belief that most people do not deserve his respect.
From the States and Municipalities:
California – California Politician Shows Little Remorse, Gets Prison Time
Sacramento Bee – Brian Melley (Associated Press) | Published: 10/21/2016
Former California Sen. Ronald Calderon, once the most powerful member of a politically influential family, was sentenced to 42 months in prison after he pleaded guilty in a federal corruption case. Calderon admitted he had accepted tens of thousands of dollars in bribes in return for official favors. He took $12,000 worth of trips to Las Vegas from an undercover FBI agent who posed as the owner of a Los Angeles movie studio seeking his support for film tax credits, though the legislation never passed. The agent hired Calderon’s daughter for a $3,000 a month no-show job and paid $5,000 toward his son’s college tuition. Calderon also acknowledged helping a hospital owner maintain a health care fraud scheme in exchange for hiring his son each summer over three years.
California – The GOP Dead Zone: You won’t find any Republicans to vote for in L.A. County
Los Angeles Times – Javier Panzar | Published: 10/26/2016
When 818,000 voters in Los Angeles County fill out their ballots this election, they will find themselves in strange political territory: the only Republican names they will see will be presidential nominee Donald Trump and his running mate Mike Pence. In this GOP “dead zone” – spanning parts of five congressional districts, five state Assembly districts, and one state Senate district – not a single Republican candidate made it on to the November ballot. This scenario is the result of California’s relatively new, voter-approved primary system in which the two candidates who finish with the most votes in the June election go on to the general election, even if they are from the same party.
New Jersey – Bridgegate Offers Peek at Trenton’s ‘Political Shop’
MyCentralJersey.com – Dustin Racioppi | Published: 10/24/2016
Since the lane closings on the George Washington Bridge in 2013, New Jersey Gov. Chris Christie, and the private investigators his office hired, have maintained the Intergovernmental Affairs department led by Bill Stepien did not become politicized until after he left and turned over duties to Bridget Anne Kelly, who is accused of working with other officials to block access to the bridge as political retribution. But testimony and evidence in Kelly’s trial have contradicted those assertions and showed Stepien and his staff regularly mixing politics with policy, raising questions of ethics violations in the governor’s office and suggesting instances of quid pro quo.
North Carolina – Protests and Storms Make North Carolina’s Election Year ‘a Bizarre Experience’
New York Times – Richard Fausset | Published: 10/25/2016
There may be no other state with as much to sort through, or as much at stake on November 8, as North Carolina. Hillary Clinton and Donald Trump are in a tight battle there, one of the most contested swing states. The governor’s race between Pat McCrory and his Democratic challenger, state Attorney General Roy Cooper, may be the closest in the country, as well as being a sort of referendum on the state’s sharp right turn in recent years. And control of the U.S. Senate could be determined by an equally close race between U.S. Sen. Richard Burr, an incumbent Republican, and his Democratic challenger, Deborah Ross.
Pennsylvania – Kathleen Kane, Former Pennsylvania Attorney General, Is Sentenced to Prison
New York Times – Jon Hurdle and Richard Pérez-Peña | Published: 10/24/2016
Former Pennsylvania Attorney General Kathleen Kane was sentenced to 10 to 23 months in jail for illegally disclosing details from a grand jury investigation to embarrass a rival and lying about it under oath. She was also sentenced to eight years of probation by a Montgomery County judge who said Kane’s ego drove her to take down enemies and break the law. Kane feuded with Frank Fina, a former top state prosecutor. Seeking to undercut Fina, Kane leaked to The Philadelphia Daily News information about a grand jury investigation he had been involved in, a leak that would lead to the criminal investigation of her actions.
Pennsylvania – Kenney Amends Gifts Rules for His Staff
Philadelphia Inquirer – Claudia Vargas | Published: 10/27/2016
Philadelphia Mayor Jim Kenney signed an executive order that expands restrictions on gifts to city employees working in the executive branch. His action updated the Executive Order on Gifts to specifically prohibit executive branch employees from receiving gifts from registered lobbyists. The new executive order creates some specific exemptions, including that employees can accept food, beverages, or entertainment at a reception open to the public for which no ticket or invitation is required. Another change is that a city employee may not receive a gift from a person who sought some action from that employee within the preceding 12 months. The order takes effect immediately.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
October 21, 2016 •
News You Can Use Digest – October 21, 2016
Federal: Companies Used Clinton Fundraisers to Lobby State Department USA Today – Kevin McCoy | Published: 10/18/2016 While it is widely known that some companies and foreign governments gave money to the Clinton family’s foundations, perhaps in an effort to gain […]
Federal:
Companies Used Clinton Fundraisers to Lobby State Department
USA Today – Kevin McCoy | Published: 10/18/2016
While it is widely known that some companies and foreign governments gave money to the Clinton family’s foundations, perhaps in an effort to gain favor, one of the key parts of the puzzle has not been reported: at least a dozen of those same companies lobbied the State Department using lobbyists who doubled as major Clinton campaign fundraisers, according to a USA Today analysis. Those companies gave as much as $16 million to the Clinton charities. At least four of the lobbyists they hired are “Hillblazers,” the campaign’s name for supporters who have raised $100,000 or more for her current White House race.
Dems Use Loophole to Pump Millions into Fight for the House
Politico – Scott Bland | Published: 10/18/2016
The Democratic Party is directing millions of extra dollars to its House candidates this fall by way of a legal loophole that has helped them bypass the typical limits on coordinated spending between parties and candidates, all while linking some vulnerable Republicans to Donald Trump. Typically, FEC regulations limit parties to just $48,100 of spending in direct coordination with most House candidates. But under a decade-old precedent, candidates who word their television ads a certain way can split the cost of those ads with their party, even if that means blowing past the normal coordinated spending caps.
Do Campaign Ads Matter? Donald Trump Gives a Rare Chance to Find Out
New York Times – Lynn Vavreck | Published: 10/19/2016
Since June, there have been roughly 300,000 television commercials on behalf of presidential candidates. Most of them have been in Florida, Ohio, and North Carolina, but a small number have been on national networks. Eighty percent of the ads to date were run by or on behalf of Hillary Clinton, while only 18 percent were shown by or on behalf of Donald Trump. Nearly everywhere the race is competitive, Clinton has run far more ads. Trump prefers a different style of campaigning, with rallies and the free media coverage of them, along with his frequent Twitter posts. Fundraising has taken a back seat. This year is a chance to find out whether Trump’s method is a good substitute for a conventional ad campaign.
Ripples from the ‘How Low Can They Go’ Campaign
New York Times – Patrick Healy and Farah Stockman | Published: 10/16/2016
For voters across party lines, the presidential race was already considered ugly and exhausting, dominated by two candidates many voters find deplorable. And yet it somehow managed to tip into something worse in recent days: a twilight zone of politics where sexual assault accusations have become consuming issues in the final weeks of the campaign. Among many Democrats, despair is setting in that the next president could be, in their minds, a sexual predator. Among many Republicans, disgust is widespread that the next president could be married to a man who was, as they see it, a serial adulterer at best. The election result now seems guaranteed to feel like a violation of the body politic for one half of the country or the other.
From the States and Municipalities:
California – How the Federal Government’s Bribery Case Against 2 Brothers Unraveled
Los Angeles Times – Joel Rubin | Published: 10/17/2016
Last October, FBI agents arrested Sukhbir Singh and his brother Jimmy Sandhu, the owners of a tow truck company. The men were charged with bribing a member of the Huntington Park City Council in an effort to buy his support for higher towing fees. The lead agent in the case laid out in court papers seemingly irrefutable evidence against the men: for more than a year, the council member had been working as an informant and secretly recorded his conversations with the brothers. The recordings appeared to show the men offering money in exchange for the councilperson’s vote. The case, however, was anything but open and shut. Since the arrests, the government’s case against Singh and Sandhu has all but unraveled.
Massachusetts
Federal Judge Asks: Is DiMasi benefiting from political connections?
Boston Globe – Milton Valencia and John Ellement | Published: 10/17/2016
The federal judge tasked with deciding whether to grant former Massachusetts House Speaker Salvatore DiMasi early release from prison demanded to know if DiMasi is benefiting from political connections that have survived his corruption conviction. U.S. District Court Judge Mark Wolf ordered federal prosecutors and attorneys for DiMasi to provide him with more information justifying his early release from prison on compassionate grounds. Wolf expressed concern that releasing a state official convicted of corruption could be seen as prosecutors assisting a politically-connected individual, while lesser-known prisoners with similar health issues do not get the same relief.
Massachusetts
Lawmakers Weigh Call for Special Panel to Review Ethics Laws
Boston Herald; Associated Press | Published: 10/18/2016
A legislative committee held a public hearing on Massachusetts House Speaker Robert DeLeo’s resolution to create an 11-member Task Force on Integrity in State and Local Government. If approved, the task force would review the state’s conflict-of-interest and ethics rules, and campaign finance and lobbying laws. It would also look at the feasibility of extending state lobbying laws to cities and towns. DeLeo began floating the idea of the ethics panel after reports surfaced of a federal investigation into whether state Sen. Brian Joyce had used his official position to boost his private law practice.
Missouri
Amendment 2 Could Bring Campaign Donation Limits Back to Missouri
KWMU – Jason Rosenbaum | Published: 10/14/2016
There is a good chance that Missouri’s system of unlimited campaign contributions may be coming to an end. The ballot measure that would make the change, Amendment 2, has little organized opposition. And a prior ballot initiative in the 1990s that capped political donations passed without much trouble. But even if the measure passes and survives an expected court fight, opponents of the proposal say it may not actually stem the flow of money into Missouri politics. Instead, they contend it may steer a deluge of cash into other types of committees that would not be affected by the amendment.
New York – JCOPE Releases Draft Lobbying, Funding Regulations
Albany Times Union – Chris Bragg | Published: 10/13/2016
The Joint Commission on Public Ethics (JCOPE) proposed new regulations for lobbying in New York. JCOPE is seeking public comments and plans to hold a hearing before it formally considers the proposal drafted by its staff. Changes that follow legislation enacted this year call for lowering the filing threshold for total lobbying expenditures from $50,000 to $15,000 and reducing the minimum contribution amount that requires source disclosure from $5,000 to $2,500. The draft rules would formally expand lobbying to include efforts such as setting up a meeting between a lawmaker and lobbyist, not just directly lobbying a lawmaker. They also clarify the definitions of “grassroots lobbying.”
New York – Lobbyist Todd Howe: $85,000 from Cor Development was a bribe, not a loan
Syracuse.com – Tim Knauss | Published: 10/17/2016
A lobbyist with ties to New York Gov. Andrew Cuomo has a novel argument why he should not be forced to repay a company $85,000: it was meant to be a bribe, not a loan. Cor Development is suing its former lobbyist Todd Howe for the money. Howe has already pleaded guilty for his role in a massive “pay-to-play” scandal involving a number of the governor’s upstate economic development initiatives that led to the arrest of nine Cuomo associates or donors. Among those arrested were two top Cor executives.
Ohio – Former Red-Light Camera Exec Sentenced for Role in Bribery Scheme
Columbus Dispatch – Rick Rouan | Published: 10/19/2016
Karen Finley, the former chief executive officer of Redflex Traffic Systems, was sentenced to 14 months in federal prison for her role in a bribes-for-contracts scheme in Ohio. Investigators said Finley was part of a scheme to funnel $70,000 in bribes through campaign contributions to elected officials in Columbus and Cincinnati to bring red-light cameras to the cities. Lobbyist John Raphael was the middleman in the scheme, according to investigators. Finley and others provided the campaign contributions to Raphael by paying him false invoices for “consulting services,” they said, and Raphael then made personal contributions to the campaigns of elected officials or to the state and local Democratic parties.
South Dakota – National Groups Spar over South Dakota Ballot Measure
Center for Public Integrity – Liz Essley Whyte | Published: 10/13/2016
South Dakotans in November will be asked to vote on a measure that would initiate public financing of campaigns, expand disclosure of political donors, and creating an ethics commission to police legislators’ behavior. Both sides in the debate are planning to spend hundreds of thousands of dollars to get what they want. But neither side hails from South Dakota. It is a twist on the notion that all politics is local. When it comes to statewide ballot measures, most politics is actually national.
Tennessee – Mark Cate, Former Bill Haslam Top Aide, Registers as Lobbyist
The Tennessean – Dave Boucher and Nate Rau | Published: 10/15/2016
The day after The Tennessean published an August investigation into the activities of Mark Cate, Gov. Bill Haslam’s former chief of staff, Cate registered with the state as a lobbyist. The investigation noted Cate’s relationship with several prominent entities and the services he provided during a one-year waiting period, during which elected officials and high-ranking staff members are not allowed to serve as lobbyists. Cate denied lobbying for those companies. In one case, the Nashville Convention & Visitors Corp. (CVC) said Cate was helping with legislation, then later clarified he was not lobbying. Cate has since registered as a lobbyist for the CVC and eight other companies.
Texas – Plagued by Corruption Allegations, Dallas County Now Has Formal Purchasing Rules
Dallas Morning News – Naomi Martin | Published: 10/18/2016
Dallas County commissioners approved a new purchasing manual that leaders hope will strengthen the county’s contracting process, which has long been plagued by allegations of political meddling. Overhauling the troubled purchasing department has taken years. A 2009 outside report first identified 25 shortcomings in the county’s process for managing its hundreds of millions of dollars’ worth of contracts. Commissioner John Wiley Price was indicted in 2014 on federal charges of rigging bids and taking kickbacks, charges he denies, but that highlighted the lack of official oversight.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
October 14, 2016 •
NYCU Video Digest – October 14, 2016
See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!
See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!
October 14, 2016 •
News You Can Use Digest – October 14, 2016
National: Coke and Pepsi Give Millions to Public Health, Then Lobby Against It New York Times – Anahad O’Connor | Published: 10/10/2016 Despite the fact that America has an obesity problem, fueled in part by the overconsumption of sugar, several prominent […]
National:
Coke and Pepsi Give Millions to Public Health, Then Lobby Against It
New York Times – Anahad O’Connor | Published: 10/10/2016
Despite the fact that America has an obesity problem, fueled in part by the overconsumption of sugar, several prominent public health groups (including some that are government-run) have accepted money from soda companies in recent years. In a new study, researchers at Boston University School of Medicine report that between 2011 to 2015, 96 national health organizations accepted money from Coca-Cola, PepsiCo, or both companies. There has been increasing scrutiny in recent years of the soda industry’s influence over the public health debate, especially over soda’s link to obesity, and legislative efforts such as soda taxes and bans meant to curb its influence. The researchers looked at lobbying efforts by the companies and found both actively oppose legislation that targets soda and is designed to prevent obesity.
Gerrymandering Helped Republicans Take Control of Congress, but Now It’s Tearing Them Apart Over Trump
Los Angeles Times – Lisa Mascaro | Published: 10/11/2016
Across the country, Republicans in contested races face a terrible bind: they have to run from Donald Trump to hold onto swing votes, even if that angers some core supporters. But in secure, heavily conservative GOP districts, Republicans face the opposite pressure: to cleave fast to Trump, who remains popular despite statements that have alienated many voters. The crisis sparked by the Trump campaign has split the Republican Party in two, and ironically, the gerrymandering of districts that helped build the GOP congressional majority is now working to make that fracture worse.
Federal:
Donald Trump Finds Improbable Ally in WikiLeaks
New York Times – Patrick Healy, David Sanger, and Maggie Haberman | Published: 10/12/2016
Donald Trump, his advisers, and many of his supporters are increasingly seizing on a trove of embarrassing emails from Hillary Clinton’s campaign that WikiLeaks has been publishing – and that U.S. intelligence agencies said came largely from Russian intelligence agencies, with the authorization of “Russia’s senior-most officials.” The Trump campaign’s willingness to use WikiLeaks is a turnabout after years of bipartisan criticism of the organization for past disclosures of American national security intelligence and other confidential information. The accusation that Russian agents are now playing an almost-daily role in helping fuel Trump’s latest political attacks on Clinton raises far greater concerns, though, about foreign interference in a presidential election.
Filmmaker Says Lobbying Firm Tried to ‘Thwart’ Screening of Documentary Critical of Herbalife
Washington Post – Emily Heil | Published: 10/10/2016
The Washington, D.C. screening of a documentary scrutinizing controversial multilevel marketing company Herbalife had 173 empty seats because Herbalife’s lobbying firm bought them out. The documentary, Ted Braun’s “Betting on Zero,” focuses on activist investor Bill Ackman’s quest to portray Herbalife as a pyramid scheme and profit from shorting its stock. Ten staffers of Heather Podesta + Partners, which lobbies for Herbalife, bought half the tickets and never picked them up, according to organizers of the film festival. At $15 a seat, the ruse cost more than $2,500. The company paid the firm $70,000 last quarter, lobbying disclosures show.
Trump Reels as More Accusers Emerge
Politico – Louis Nelson | Published: 10/13/2016
Multiple women have come forward to accuse Donald Trump of uninvited kissing or groping. The stories, which have been told to different news organizations, come after Trump denied during the most recent presidential debate that he had ever sexually assaulted a woman. He has also denied the latest reports in The New York Times, The Palm Beach Post, and People, calling them fabrications and threatening lawsuits. The women who spoke to The Times, who are both supporters of Hillary Clinton, said they felt compelled to speak out after Trump said he had never done the things he was caught boasting about on a 2005 videotape.
WikiLeaks Hack Reveals Cozy Relationship between Clinton Campaign, Super PAC
The Hill – Jonathan Swan | Published: 10/10/2016
A top attorney for Hillary Clinton’s presidential campaign sent a memorandum to campaign aides teaching them how to legally communicate with a pro-Clinton super PAC, emails released by WikiLeaks show. While Clinton has claimed her campaign has nothing to do with the super PAC Priorities USA, a leaked email from the personal account of Clinton’s campaign chairperson, John Podesta, suggests differently. In the email, Clinton attorney Marc Elias outlined what is basically a strategy for steering large campaign donors to the super PAC without breaking the law.
From the States and Municipalities:
Alaska – Lobbyist Bankrolled PAC Run by State Lawmaker Is Legal, APOC Staff Says
KTUU – Austin Baird | Published: 10/10/2016
Lobbyists bankrolling a PAC run by a sitting state lawmaker, an unconventional approach to financing campaigns that started happening this year, is not a violation of state law, according to an Alaska Public Offices Commission staff opinion. The source of the cash is at the core of the complaint against the group run by Rep. Gabrielle LeDoux, which alleges wrongdoing on three fronts centered around the fact that several lobbyists who live outside of LeDoux’s district contributed $500 apiece. Alaska law allows paid lobbyists to contribute to legislative campaigns but only to candidates running in their own district.
California – State Lawmakers Got about $873,000 in Freebies Last Year, but the Gifts Can Be Difficult to Track
San Louis Obispo Tribune – Matt Fountain | Published: 10/8/2016
California lawmakers reported receiving about $873,000 in meals, entertainment, travel, and other gifts last year. Public officials across the state are required to file financial disclosure forms that are the public’s way of ensuring officials are making decisions based on the public interest and not their own financial gain. But the primarily paper-based system is inherently messy, with little consistency in how gifts are reported, making it cumbersome to verify some vague and incorrectly reported gifts. Legal loopholes regarding what constitutes free travel and degrees of separation between lobbyists and gift-giving render key aspects of the laws essentially toothless.
Hawaii – How Hawaii Companies Pay to Party It Up with Public Officials
Honolulu Civil Beat – Chad Blair | Published: 10/11/2016
Those attending and sponsoring the Hawaii Congress of Planning Officials included some of the most powerful business interests in the state who had the chance to hobnob with the kind of government officials who have influence on issues that affect them. State and county laws have strict rules about government officials receiving gifts, particularly if it appears those gifts could have an influence on their actions. But conferences like the recent three-day planning retreat on Kauai show how special interests are still able help pay to entertain an array of public officials.
Illinois – Chicago Politicians Warned on Use of Coveted Face-Value Cubs Playoff Tickets
Chicago Tribune – Hal Dardick | Published: 10/9/2016
Aldermen and city officials who take advantage of the Chicago Cubs’ offer to purchase playoff tickets at face value must accompany their guests to all games at Wrigley Field and be publicly announced to the crowd or risk violating the city’s ethics ordinance. Chicago Ethics Board Executive Director Steve Berlin noted the law prohibits city employees and elected officials from accepting gifts worth more than $50 and the difference between the face value of Cubs playoff tickets and the “commonly understood fair market value” exceeds that limit. But the ordinance does allow officials to attend events “in their official capacity,” he added. “It could be construed as a prohibited gift to the city official if they are not announced or if they give away or resell all tickets they purchased at this special price,” Berlin wrote.
Michigan – Secretive Funds Allow Michigan Lawmakers to Accept Corporate Cash
MLive.com – Craig Mauger (Michigan Campaign Finance Network) and Emily Lawler | Published: 10/11/2016
It is illegal for a corporation to give directly to a candidate’s campaign account in Michigan. But there is a difficult-to-trace and rarely discussed form of legal fundraising where many donations do not have to be disclosed. An investigation found at least 50 of Michigan’s House and Senate members, about one in three, are connected or have been connected to a nonprofit or administrative account. From 2013 to 2015, about $12.8 million flowed to more than 100 accounts connected to political parties, elected officeholders, and their consultants. Finding who runs these lawmaker-connected organizations, who gives to them, and what the contributions are used for can be extremely difficult.
Missouri – Aldermen Pass Legislation Limiting Campaign Contributions to $10,000 in St. Louis Elections
St. Louis Post-Dispatch – Koran Addo | Published: 10/7/2016
Members of the St. Louis Board of Aldermen passed a pair of reform bills, one intended to keep wealthy donors from unduly influencing local elections and the other meant to keep elected officials honest about the gifts they receive. The first bill would limit campaign contributions in city elections to $10,000 per election cycle. It also would the Municipal Officials and Officers Ethics Commission to investigate campaign finance violations. The board also passed a bill requiring elected officials to report within 30 days any gift or travel expense valued at $375 or more given to them or an immediate family member. Violating the reporting requirement would result in docked pay.
New York – At Graft Scandal’s Center, a Lobbyist with a Long History in the Cuomo Orbit
New York Times – Vivian Yee | Published: 10/7/2016
For New York Gov. Andrew Cuomo, the corruption scandal that threatens to inflict lasting harm on his political career and his family’s legacy is a betrayal of multiple dimensions. It is a betrayal of his plans to revitalize the economies in western and central New York, and of the Cuomos’ political self-image, built by his father, former Gov. Mario Cuomo, on clean, competent, accountable government. And if anyone made it all possible, it seemed to be one of their own: Todd Howe, who has implicated himself and helped federal prosecutors charge eight other Cuomo advisers and donors in a wide-ranging bribery scheme surrounding the governor’s office.
New York – Disclosure Law for Outside Income Often Ignored, Rarely Enforced
Albany Times Union – Chris Bragg | Published: 10/11/2016
The recent spate of corruption charges in New York has sparked calls for closer scrutiny of state officials’ outside jobs. But a law already on the books that addresses the issue does not appear to be rigorously enforced. A 2011 law requires lobbyists or their clients who pay a state employee more than $1,000 in a year to submit a form detailing the exact amount every six months. It also requires a description of the nature of the state employee’s outside work. Since the law was passed, only 24 lobbying clients and 11 lobbyists have submitted paperwork detailing the hiring of state officials. Joint Commission on Public Ethics spokesperson Walter McClure said he did not know of someone ever been fined for failing to file this kind of report.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
October 7, 2016 •
NYCU Video Digest – October 7, 2016
See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!
See what’s happening in government relations this week in our News You Can Use Video Digest. Enjoy!
October 7, 2016 •
News You Can Use Digest – October 7, 2016
National: Drinks, Dinners, Junkets and Jobs: How the insurance industry courts state commissioners Center for Public Integrity – Michael Mishak | Published: 10/2/2016 An investigation by the Center for the Public Integrity found half of the 109 state insurance commissioners who […]
National:
Drinks, Dinners, Junkets and Jobs: How the insurance industry courts state commissioners
Center for Public Integrity – Michael Mishak | Published: 10/2/2016
An investigation by the Center for the Public Integrity found half of the 109 state insurance commissioners who have left their posts in the last decade have gone on to work for the industry they used to regulate, many leaving before their terms expire. Just two moved into consumer advocacy. The “revolving door” also swings in the other direction. For almost a year, Connecticut’s insurance commissioner was overseeing a merger involving a company where she had been a lobbyist. She recused herself recently amid a state ethics review. Consumer advocates and some commissioners say the tight bond between regulators and industry – reinforced by campaign contributions, lavish dinners, and the prospect of future employment – diminishes consumers’ voices.
How Donald Trump Set Off a Civil War Within the Right-Wing Media
New York Times Magazine – Robert Draper | Published: 9/29/2016
The conservative media has always been a playground for outsize personalities with even more outsize political ambitions. Alongside the institution-builders like William F. Buckley, the landscape has also produced a class of rowdy entrepreneurs who wield their influence in more personal ways. If these figures defied the stuffy ceremony of think tanks, opinion journals, and columnists who traditionally defined the conservative intelligentsia, they rarely challenged the ideological principles of conservatism as they had existed since the Reagan era. What they mostly did was provide the Republican Party with a set of exceptionally loud megaphones, which liberals have often envied and tried unsuccessfully to emulate. Then came Donald Trump. In a sense, the divide that Trump has opened among conservative media figures is simply a function of the heartburn his ascent has caused among Republicans more generally.
Federal:
Democrats Rake in Money, Thanks to Suit by Republicans
New York Times – Nicholas Confessore and Rachel Shorey | Published: 9/30/2016
Democrats denounced it as an assault on democracy and a sop to billionaires when the U.S. Supreme Court issued a ruling two years ago that loosened limits on campaign giving. But Hillary Clinton and Democratic Party leaders are now exploiting the decision, funneling tens of millions of dollars from their wealthiest donors into a handful of presidential swing states. The money followed a legal but circuitous route turbocharged by the 2014 ruling in McCutcheon v. Federal Election Commission, which struck down limits on the combined amount one person could donate at all federal candidates and parties in an election cycle.
Donald Trump Tax Records Show He Could Have Avoided Taxes for Nearly Two Decades, The Times Found
New York Times – David Barstow, Susanne Craig, Russ Buettner, and Megan Twohey | Published: 10/1/2016
Donald Trump reported a $916 million loss on his 1995 tax returns and could therefore have avoided paying federal income taxes for 18 years. Trump’s refusal to release any tax returns has been one of the larger clouds hanging over his campaign and one that Hillary Clinton has sought to exploit. It now appears as though the GOP nominee’s failure to come clean has backfired, with The New York Times article drawing one of the same conclusions that Clinton offered as a possible explanation for Trump’s secrecy in the first presidential debate – that he has paid little or no federal income tax for some time.
How Hillary Clinton Grappled with Bill Clinton’s Infidelity, and His Accusers
New York Times – Megan Twohey | Published: 10/2/2016
Donald Trump has criticized Hillary Clinton over Bill Clinton’s affairs and her response to them, and said he might talk more about the issue in the final weeks before the election. That could be a treacherous strategy for Trump, given his own past infidelity and questionable treatment of women. Many voters, particularly women, might see Hillary Clinton being blamed for her husband’s conduct. It could also remind voters of a searing period in American history, and in Mrs. Clinton’s life. Outwardly, she remained stoic and defiant, defending her husband. But privately, she embraced the Clinton campaign’s aggressive strategy of counterattack: women who claimed to have had sexual encounters with Bill Clinton would become targets of investigation and discrediting, tactics that women’s rights advocates frequently denounce.
Want to be a ‘Foreign Agent’? Serve in US Congress First
Politico – Joseph Schatz and Benjamin Oreskes | Published: 10/2/2016
Of the 1,009 members of Congress who have left Capitol Hill since 1990, 114 of them lobbied for or otherwise represented a foreign government, foreign-owned company, or think tank. The favorable treatment these former lawmakers seek for their clients often bumps against U.S. foreign policy or the interests of the constituents they once served, and, in some cases, they are putting foreign companies over American businesses. While a former lawmaker’s relationships do not always yield concrete results, they can open doors for foreign leaders looking to burnish their country’s reputation – or their own.
From the States and Municipalities:
Florida – Two Years Later, Curbelo Still Keeps List of Past Clients Secret
Miami Herald – Patricia Mazzei | Published: 10/3/2016
U.S. Rep. Carlos Curbelo shut down his government and public affairs consulting company after he won a seat in Congress. He closed the office to comply with a rule that bans federal lawmakers from holding outside employment. That rule, however, does not require former private consultants like Curbelo to disclose who hired them in the past. A loophole in federal disclosure requirements exempted Curbelo from listing his private clients because his firm, Capitol Gains, had been registered under the name of his wife, though she had stopped working there in 2009. Curbelo was always the firm’s principal, drawing a six-figure salary.
Kentucky – Democratic Party Insider Sentenced to 70 Months in Prison for Role in Kickback Scheme
Lexington Herald-Leader – Bill Estep | Published: 9/29/2016
Rebuked for further eroding public confidence in government, a former high-ranking official in Kentucky government was sentenced to nearly six years in prison for orchestrating a kickback scheme. Tim Longmeyer’s sentencing came after he pleaded guilty to a bribery charge for using his influence as head of the Personnel Cabinet to steer contracts to a consulting firm in 2014 and 2015. He admitted to receiving more than $200,000 in kickbacks from the firm. The judge also ordered Longmeyer to pay $203,500 in restitution.
Maryland – Top Lobbyist Represents Winner of Controversial Medical Marijuana License
Baltimore Sun – Michael Dresser | Published: 10/3/2016
The top-earning lobbyist in Annapolis, Gerald Evans, represents a company that was awarded a lucrative marijuana-growing license after a state commission pulled it from the ranks of losers and gave it a winning slot. As a result of the controversial switch, Evans’ son-in-law stands to make a lot of money. Evans represents Holistic Industries LLC, which counts Evans’ son-in-law Richard Polansky among its equity investors. Polansky is married to Evans’ daughter and lobbying partner, Hayley Evans. The commission has stressed it used a process in which evaluators did not know the identities of any of the applicants. The head of the State Ethics Commission said the law does not require a lobbyist to disclose a spouse’s stake in a business the lobbyist represents.
New York – Ethics Panel Investigating de Blasio’s Nonprofit Is Said to Issue Broad Subpoena
New York Times – William Rashbaum | Published: 10/5/2016
A state ethics panel investigating New York City Mayor Bill de Blasio’s political nonprofit organization has served a sweeping subpoena on City Hall seeking communications among the mayor, his aides, the nonprofit, its donors, and consulting firms that worked for it, people with knowledge of the matter said. The scope of the subpoena suggests a widening of the investigation by the Joint Commission on Public Ethics has been focused on whether the group, the Campaign for One New York, illegally lobbied the city in 2015. At the same time, several lawyers representing donors to the group who have been contacted by the panel said the inquiry also appeared to be focused on whether some donations from lobbyists or their clients who have business before the city actually constituted undisclosed gifts to the mayor. Any such undisclosed gifts would violate state lobbying laws.
Ohio – Ohio, Long a Bellwether, Is Fading on the Electoral Map
New York Times – Jonathan Martin | Published: 9/29/2016
After decades as one of America’s most reliable political bellwethers, an inevitable presidential battleground that closely mirrored the mood and makeup of the country, Ohio is suddenly fading in importance this year. Ohio has failed to keep up with the demographic changes transforming the U.S., growing older, whiter, and less educated than the nation at large. And the two parties have made different wagers about how to win the White House in this election: Donald Trump is relying on a demographic coalition that, while well-tailored for Ohio even in the state’s Democratic strongholds, leaves him vulnerable in the more diverse parts of the country where Hillary Clinton is spending most of her time.
Pennsylvania – State Rep. Sims’ Travel, Speaking Fees Raise Questions
City & State Pennsylvania – Ryan Briggs | Published: 10/3/2016
An investigation found Pennsylvania Rep. Brian Sims failed to properly report thousands of dollars in travel reimbursements last year while collecting more than $53,000 in speaking fees since his election in 2012. State lawmakers are banned from collecting speaking fees or other honoraria. In some cases, Sims appears to have belatedly compensated for free trips by paying for his excursions with campaign funds well after the fact, which experts say also skirts an ethical gray area. A spokesperson for Sims, Dan Siegel, defended the numerous paid speaking engagements, asserting they do not violate the state’s honorarium ban because Sims’ “speeches do not address his legislative role.”
Tennessee – Ex-Lobbyist Paid for Private Plane for Beth Harwell, Karl Dean
WBIR – Dave Boucher and Joel Ebert (The Tennessean) | Published: 9/29/2016
On the heels of news that voucher advocate Mark Gill took a group of Tennessee lawmakers on a beach trip, a different voucher advocate, attorney and former lobbyist Lee Barfield, flew legislators and politicians – including House Speaker Beth Harwell, former Nashville Mayor Karl Dean, and House Majority Leader Gerald McCormick – to North Carolina on a private plane in 2015. Barfield is on the board of directors for the American Federation for Children, a pro-voucher advocacy group. He has registered as a lobbyist in the past, but he was not registered at the time he paid for Harwell and Dean to go on the trip. “My understanding of the law, and the rules at the time, is that as a citizen, I am permitted to take these officials if they want to go on a fact-finding trip,” Barfield said.
Wisconsin – U.S. Supreme Court Won’t Take Up Walker Case
Milwaukee Journal Sentinel – Patrick Marley | Published: 10/3/2016
The U.S. Supreme Court turned away without comment an appeal in a case arising from an investigation into campaign spending in Wisconsin. Last year, the Wisconsin Supreme Court shut down a secret probe into spending to oppose an effort to recall Gov. Scott Walker. The Guardian recently disclosed about 1,500 pages of the documents which seemed to show substantial coordination between candidates and ostensibly independent groups. The public version of the prosecutors’ request for a U.S. Supreme Court review was redacted but appeared to address two main questions: whether the Wisconsin Supreme Court had been too lax in policing coordination between candidates and independent groups, and whether two state Supreme Court justices who had benefited from campaign spending should have recused themselves.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
September 30, 2016 •
News You Can Use Digest – September 30, 2016
National: Big Business Continues Trend Toward Political Transparency Center for Public Integrity – Dave Levinthal | Published: 9/28/2016 About one-in-10 of the nation’s largest companies volunteer almost no information about their political activity, according to a new study on corporate transparency. […]
National:
Big Business Continues Trend Toward Political Transparency
Center for Public Integrity – Dave Levinthal | Published: 9/28/2016
About one-in-10 of the nation’s largest companies volunteer almost no information about their political activity, according to a new study on corporate transparency. Across 24 categories, the study awards points to companies that, for example, voluntarily disclose contributions to certain nonprofit groups, publish policies that govern political expenditures from its corporate treasury, and reveal money spent to influence state-level ballot initiatives. The authors say there is a trend toward increased corporate political transparency, despite calls from prominent business groups for corporations to not reveal more information than what is legally required of them. But plenty of companies show little interest in revealing more about how they are attempting to influence politics.
For Cuomo and Christie, Parallel Paths to the Top, and Trouble When They Got There
New York Times – Vivian Yee | Published: 9/25/2016
New Jersey Gov. Chris Christie and New York Gov. Andrew Cuomo were once lionized for relentlessly prosecuting bad behavior in government. Cuomo is now reeling after the arrest of one of his closest friends, confidants, and former aides, as well as the arrests of several other close advisers and donors in a bribery scheme, while a former top aide and a former political ally to Christie are on trial over their roles in the scandal that elevated a traffic jam on access lanes leading to the George Washington Bridge into a symbol of political payback. Neither governor is accused of breaking the law. But for two men who once prided themselves on managing spick-and-span administrations, claiming to have been blind to alleged acts of petty revenge and bribery at the highest levels of state government seems bad enough.
Republican Lawmakers Under Fire for Racially Insensitive Comments after Charlotte Unrest
Washington Post – Elise Viebeck | Published: 9/24/2016
Republican lawmakers are under increasing fire for racially insensitive comments after the fatal police shootings of black men sparked unrest in two states. Remarks by U.S. Reps. Robert Pittenger, Tim Huelskamp, and Steve King, along with the GOP nominee for vice president, Mike Pence, underscored to some observers Republicans’ tone-deafness on issues of race in a year of unprecedented attention to police bias against African-Americans. With the November elections barely six weeks away, the responses also seemed a sign of Republicans deepening alienation from black voters. The GOP rhetoric could help mobilize African Americans to oppose Republicans in a year when Hillary Clinton is relying on heavy black turnout to win the White House.
Federal:
D.C. Circuit Decision Limiting Political Ad Disclosure Will Stand
Bloomberg BNA – Kenneth Doyle | Published: 9/28/2016
A federal appellate panel ruling that limits disclosure requirements for groups sponsoring political ads will stand, as the full U.S. Court of Appeals for the District of Columbia Circuit said it will not review the decision. The long-running litigation challenged as too lax current FEC disclosure rules for ‘electioneering communications” – targeted television and radio ads that refer to a federal candidate in the final weeks before an election. The FEC rules in most circumstances do not require disclosure of those funding such ads. A three-judge panel of the District of Columbia Circuit issued a ruling that contended a broader FEC disclosure rule would violate free speech rights. The panel acknowledged previous court decisions supporting disclosure but suggested such rulings conflicted with other precedents giving broad First Amendment protection to political speech.
New Debate Strategy for Donald Trump: Practice, practice, practice
New York Times – Patrick Healy, Ashley Parker, and Maggie Haberman | Published: 9/28/2016
Even as Donald Trump’s advisers publicly backed him after the first presidential debate and praised his performance, they were privately awash in second-guessing about why he stopped attacking Hillary Clinton on trade and character issues and instead grew erratic, impatient, and subdued as the night went on. In interviews, seven campaign aides and advisers to Trump expressed frustration and discouragement over their candidate’s performance. Advisors plan to more rigorously prepare him for the next debate; whether he is open to practicing meticulously is a major concern, however, according to some of these advisers and others close to Trump.
Will ‘Saturday Night Live’ Take Down Trump?
Politico – Shane Goldmacher | Published: 9/29/2016
While Donald Trump and Hillary Clinton argue over who won the first presidential debate, inside 30 Rockefeller Plaza, the winner in the all-important satirical showdown is still being scripted. That is where the cast and crew of “Saturday Night Live” gathered to watch the debate, and it is where they are still sketching out portrayals that will shape how Americans see their presidential candidates. Historically, SNL’s political satire has penetrated the national consciousness. It was Will Ferrell as George W. Bush who coined “strategery,” and it was Tina Fey as Sarah Palin who claimed, “I can see Russia from my house.” The skewering tradition dates all the way back to Chevy Chase’s 1976 portrayal of President Gerald Ford as a klutz. In 2000, Al Gore’s own advisers made him watch Darrell Hammond’s stilted impersonation of his debate performances to show Gore how poorly he was coming off to others.
From the States and Municipalities:
Alabama – Ala. PAC-to-PAC Transfer Ban Upheld by Appeals Court
Montgomery Advertiser – Brian Lyman | Published: 9/28/2016
A federal appeals court upheld Alabama’s ban on money transfers between PACs. The three-judge panel ruled the law did not prevent the Alabama Democratic Conference (ADC), which sued to overturn it, from raising the funds to support its activities. State lawmakers passed the ban in order to restrict donors’ ability to hide contributions by shuffling them through multiple PACs. After the law passed, the ADC created two separate bank accounts, one dealing with independent expenditures and the other for political contributions. Attorneys for the state argued Alabama’s interests were promoting transparency and preventing corruption. The ADC said because it kept its expenditures in separate bank accounts, and because the U.S. Supreme Court’s Citizens United decision said independent expenditures do not create the appearance of corruption, the state had no compelling interest in its accounts tied to campaign expenditures.
California – Ex-LAPD Sergeant Defends Himself Against Ethics Charge Over Controversial Stop of ‘Django Unchained’ Actress
Los Angeles Times – Kate Mather | Published: 9/26/2016
A judge heard arguments over whether a Los Angeles police sergeant violated city ethics rules by leaking a recording of his controversial encounter with actress Daniele Watts to the media. No one questions whether Parker released the recording – he has admitted that in interviews with reporters, at a Police Commission meeting, and again while testifying in court. Instead, the case hinges on whether that recording was confidential and thus, whether Parker violated city rules by making it public. Ethics officials allege he did just that, accusing Parker of unlawfully sharing confidential information without authorization and doing so to “create a private advantage for himself.” Sergio Perez, the Ethics Commission’s director of enforcement, accused Parker of releasing the tape because he faced criticism over the encounter.
Illinois – Donation Lifts Fundraising Caps in Illinois Comptroller Race
State Journal-Register – Sophia Tareen (Associated Press) | Published: 9/26/2016
A $260,000 donation to Illinois Comptroller Leslie Munger’s campaign has lifted the caps on political contributions and guarantees a big-money race between the incumbent and challenger Susana Mendoza. The loan is from Munger’s husband, attorney John Munger. State campaign finance law limits contributions, but it also says if a candidate or family member gives more than $250,000 to his or her own race, the limits come off for all candidates.
Mississippi – Hosemann Launches ‘Searchable’ Campaign Finance Reports
Hattiesburg American – Geoff Pender (Jackson Clarion-Ledger) | Published: 9/27/2016
Mississippi is becoming the last state to allow electronic filing of campaign finance reports, a step toward easier public access to information about who is spending money to influence elections. The National Institute on Money in State Politics says all 49 other states already had either mandatory or voluntary electronic filing of finance reports. The Mississippi secretary of state’s staff has scanned candidates’ paper forms and posted them online for years. But those documents are not searchable and it is burdensome to calculate, for example, how much money a group or person gives to multiple candidates. Secretary of State Delbert Hosemann said he will ask the Legislature to make electronic filing mandatory for statewide and district candidates starting in 2020, after the current four-year term.
New York – Preet Bharara Wields Ax in Albany Corruption Scandal
Albany Times-Union – Chris Bragg and Mathhew Hamilton | Published: 9/22/2016
Federal corruption charges were levied against two former close aides to New York Gov. Andrew Cuomo, a senior state official, and six other people, in a blow to the governor’s innermost circle and a repudiation of the way his prized upstate economic development programs were managed. The charges against the former aides, Joseph Percoco and Todd Howe, and the state official, Alain Kaloyeros, were the culmination of a long-running federal investigation into the Cuomo administration’s efforts to lure jobs and businesses to upstate New York’s limping economy by furnishing billions of dollars in state funds to developers from Buffalo to Albany.
North Carolina – Sen. Fletcher Hartsell Accused of Money Laundering, Mail Fraud and Wire Fraud
Raleigh News & Observer – Anne Blythe | Published: 9/27/2016
North Carolina Sen. Fletcher Hartsell was indicted on multiple counts related to fraudulent campaign fundraising and expenditures. The charges in federal court escalate the legal woes for Hartsell nearly three months after a county grand jury indicted him in state court on allegations he certified three campaign finance documents as correct, while knowing they were not. The federal indictment alleges he spent campaign money on a trip to South Carolina with his wife’s choir, on haircuts, tickets to the musical “Jersey Boys,” his granddaughter’s birthday party, and getting his driver’s license renewed, among other things.
Rhode Island – Councilman’s Proposal to Reform Providence Lobbying Ordinance Hits Roadblock
WPRI – Dan McGowan | Published: 9/26/2016
Providence Councilperson Sam Zurier wants to amend the city’s existing lobbying ordinance to force members of what he considers “financially active” organizations to register as lobbyists, a plan he acknowledges is designed to force members of the Providence Apartment Association to wear badges in City Hall and file quarterly reports with the clerk’s office. But several members of the Ordinance Committee said they are concerned the proposal would deter other community groups from participating in city government, even though the policy focuses on organizations whose members make campaign contributions to the mayor or city council.
Tennessee – Voucher Advocate Hosted Tennessee Lawmakers at Seaside Condo
The Tennessean – Joel Ebert and Dave Boucher | Published: 9/26/2016
In 2014, five state legislators went on an undisclosed vacation with Mark Gill, one of the leaders of the pro-voucher Tennessee Federation for Children. In 2016, all five lawmakers who went to Gill’s condominium co-sponsored legislation to allow vouchers in Tennessee. As Gill is not a registered lobbyist, he is legally allowed to host in this manner due to a loophole in the law. House Speaker Beth Harwell said such trips need to be disclosed, but she is likely to face pushback from legislators like Rep. Andy Holt, who attended the event, “There’s a time and a place for transparency, but my rights as a U.S. citizen didn’t end when I became a lawmaker,” said Holt.
Virginia – In Virginia’s Capital, a Political ‘Bad Boy’ Upends Race for Mayor
Washingtpn Post – Paul Schwartzman | Published: 9/28/2016
Everyone in Richmond knows about Joe Morrissey Myrna Watson, as do many across Virginia, having read salacious stories three years ago about the then-55-year-old state lawmaker who went to jail for cavorting with his 17-year-old receptionist. Warren is now Morrissey’s wife, and she has become a centerpiece of his unlikely quest to become Richmond’s next mayor. Morrissey’s career includes more than a few headline-grabbing stories, including an eight-year disbarment that prevented him from practicing law until 2011, two fistfights that resulted in jail time, and brandishing an unloaded AK-47 during a gun debate in the House of Delegates. Yet polls show Morrissey with an imposing lead over six opponents. One candidate dropped out recently, citing concern that the size of the field would split the vote and ensure Morrissey’s victory.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
September 23, 2016 •
News You Can Use Digest – September 23, 2016
National: Gaming the Six-Week Election Day Bloomberg.com – Sasha Issenberg and Steven Yaccino | Published: 9/19/2016 By the constitutionally mandated first Tuesday after a Monday in November, more than one-third of Americans will have already voted for president. There are still […]
National:
Gaming the Six-Week Election Day
Bloomberg.com – Sasha Issenberg and Steven Yaccino | Published: 9/19/2016
By the constitutionally mandated first Tuesday after a Monday in November, more than one-third of Americans will have already voted for president. There are still battleground states that make no provision for early voting, but in those that do it has created a new kind of electoral arms race. Early voting is a particular gift to well-organized, well-funded campaigns, which can extend their turnout operations as long as six weeks, locking down precise factions of the electorate in domino-like fashion, and sequence their persuasion efforts with a clear view of who has yet to vote.
Some Republicans Acknowledge Leveraging Voter ID Laws for Political Gain
New York Times – Michael Wines | Published: 9/16/2016
There has been a wave of voter ID laws enacted in the last six years, mostly by Republican-controlled Legislatures whose leaders claimed that cheating at the ballot box is a routine occurrence. Yet academic studies and election-law experts broadly agree that voter fraud is not a widespread problem in American elections. Rather, they say, it is a widespread political tactic used either to create doubt about an election’s validity or to keep one’s opponents – in most cases, Democratic voters – from casting ballots. In unguarded moments, some Republican supporters of the laws have been inclined to agree.
Federal:
Court Rules against FEC in Ad Case
The Hill – Jonathan Swan | Published: 9/19/2016
A federal judge ruled the FEC must revisit whether two nonprofits’ anti-Obamacare ads were meant to influence an election, which would require the groups to disclose their backers. The judge said the FEC misinterpreted the First Amendment when it dismissed a progressive group’s complaints. Federal law requires groups to register as political committees and reveal their donors when their “major purpose” is to nominate or elect candidates. But if their major purpose is to promote “social welfare” or to educate voters on issues, they are allowed to keep their donors’ identities hidden. “This should be of concern to organizations which have been very politically active while failing to report as a political committee, relying on the FEC’s refusal to enforce the law,” said former FEC general counsel Larry Noble.
Nonprofit Seeks to Crowdfund Lobbying
The Hill – Megan Wilson | Published: 9/15/2016
A new nonprofit aims to crowdfund lobbying campaigns in order to give people a voice on K Street. Lobbyists 4 Good founder Billy DeLancey, who has worked in public affairs in both government and the private sector, said he will primarily use small-dollar donations to retain high-powered lobbyists who work on public interest issues. The idea has been in development since earlier this year, and DeLancey has already developed a working relationship with well-known law and lobby firms such as K&L Gates.
Trump Used $258,000 from His Charity to Settle Legal Problems
Washington Post – David Fahrenthold | Published: 9/20/2016
Donald Trump reportedly used $258,000 from his charitable foundation to settle lawsuits involving his for-profit businesses, potentially violating laws against nonprofit leaders using charity dollars to benefit themselves or their companies. Trump also allegedly spent $5,000 from the foundation to buy advertisements for his hotel chain and $10,000 to purchase a portrait of himself at a charity fundraiser. He had previously used $20,000 in foundation dollars to buy a different portrait of himself. If the IRS were to find Trump violated self-dealing rules, it could require him to pay a penalty taxes or reimburse the foundation.
Why Campaign Finance Laws Probably Won’t Stop Hannity and Lewandowski from Helping Trump
Washington Post – Callum Borchers | Published: 9/21/2016
Sean Hannity is one of Donald Trump’s biggest media boosters, and his aid for Trump’s presidential bid does not end with promotional on-air commentary. Hannity acknowledged he is an informal adviser to the campaign, and he appeared in a recent Trump ad. Fox News said Hannity appeared without the network’s knowledge and will not do so again. After his advisory role was reported, an FEC complaint alleged that “Mr. Hannity may be using Fox News Channel resources to offer the Trump campaign ‘suggestions on strategy and messaging,’ which would be in violation of the federal prohibition on corporate campaign contributions.” It highlights a question raised repeatedly in the 2016 election by media observers: at what point do the activities of media professionals cross the line to become illegal, in-kind corporate contributions?
From the States and Municipalities:
California – Changes Coming to San Diego Ethics Commission
San Diego Union-Tribune – David Garrick | Published: 9/20/2016
San Diego will make some changes to the city’s Ethics Commission based on recent recommendations by a grand jury, but rejected some of the panel’s key suggestions. Changes approved by the city council include a new name – the City of San Diego Fair Political Practices Commission – to more accurately reflect the agency’s duties. The council also agreed to guarantee the commission’s ongoing existence by making it part of the City Charter, which will require a public vote probably in 2018.
California – State Agency Under Fire for Pressuring Open-Government Groups It Regulates to Change Position on Legislation
Los Angeles Times – Patrick McGreevy | Published: 9/20/2016
Backers of legislation that would have increased transparency on the funding of political ads criticized the California Fair Political Practices Commission (FPPC) for heavy-handed tactics they said included pushing groups the agency has the power to investigate to drop their support for the bill. Assembly Bill 700, which died near the end of the legislative session, would have required political committees that pay for print, radio, and television ads on candidates and ballot measures to clearly identify the top financial contributors to the campaigns. The FPPC objected to late amendments it felt affected its ability to prevent donors from secretly funneling money to a campaign in amounts higher than legal limits.
Florida – Campaign-Finance Rules Won’t Be on Miami-Dade Ballot
Miami Herald – Douglas Hanks | Published: 9/20/2016
The petition drive to get new campaign finance rules before Miami-Dade voters in November officially ended when an appeals court formally overruled a judge who had ordered the package on the ballot. In reality, the legal fight ended a few days earlier when the Third District Court of Appeal declined to lift a freeze on the judge’s order, allowing Miami-Dade’s deadline for printing the ballots to pass without including the item. County commissioners had already voted against sending the measure to voters, saying the union-backed proposal had too many legal flaws to be considered. The initiative would have banned county vendors, their lobbyists, and relatives from giving to candidates for county office and lowered the contribution limit from $1,000 to $250.
Iowa – Ron Paul Aides Avoid Jail Time in Endorsement Scheme
Des Moines Register – Grant Rodgers | Published: 9/20/2016
Two top aides to former U.S. Rep. Ron Paul’s 2012 presidential bid were sentenced to probation and home confinement rather than prison for their roles in a scheme to cover up campaign payments to a former Iowa senator who agreed to endorse Paul. Although prosecutors were seeking more than two years in federal prison, Jesse Benton and John Tate were sentenced to two years’ probation and six months of home confinement, along with community service and a $10,000 fine. They were accused of conspiring to cause false campaign contribution reports to be filed with the FEC. The men have argued they broke no laws when they paid a video production company, which passed on $73,000 to former state Sen. Kent Sorenson. He dropped support for Michele Bachmann and endorsed Paul six days before the 2012 Iowa caucuses.
Missouri – Campaign Contributions Limit Amendment to Appear on Missouri Ballot
Kansas City Star – Jason Hancock | Published: 9/19/2016
A Missouri initiative to reinstate campaign contribution limits cleared its final legal hurdle to appear on the November ballot. The state Supreme Court turned down a request to hear a challenge of the proposed constitutional amendment. The proposal known as Constitutional Amendment 2 would limit contributions to candidates to $2,600 per election and cap donations to political parties at $25,000. Missouri’s previous limits were repealed in 2008. Since then, some donors routinely have given five- and six-figure checks.
New Jersey – U.S. Says for First Time That Christie Knew of Bridge Plot
Bloomberg.com – David Voreacos and Elise Young | Published: 9/19/2016
A federal prosecutor told jurors a witness will testify that New Jersey Gov. Chris Christie was told about a plan to close traffic lanes near the George Washington Bridge as the shutdown was happening, a claim he has contested for years. The trial comes three years after gridlock paralyzed a town next to the busy bridge connecting New Jersey to New York City for four days. Prosecutors said Bill Baroni and Bridget Kelly had sought political revenge against Fort Lee Mayor Mark Sokolich. Baroni was a top Christie appointee to Port Authority of New York and New Jersey. Kelly was Christie’s former chief of staff. They face counts of wire fraud, conspiracy, deprivation of civil rights, and misusing an organization receiving federal funds. Christie has denied knowing about the scheme and was not charged in the federal investigation.
Texas – Texas Ag Commissioner Sid Miller Admits to Getting ‘Jesus Shot’ but Avoids Criminal Charges
Dallas Morning News – Lauren McGaughy | Published: 9/20/2016
Texas Agriculture Commissioner Sid Miller will not face criminal charges for using taxpayer money on trips in which he competed in a rodeo and got a medical injection known as “The Jesus Shot.” The Travis County district attorney’s office decided not to prosecute Miller for abuse of power after he agreed to refund an additional $498 to the state. The decision frees him from legal trouble over the trips to Oklahoma and Mississippi in February 2015. On at least two occasions, Miller’s office withheld records about the Oklahoma trip. State law prohibits officeholders from withholding public records and from using state money or campaign funds for travel that primarily is personal in nature.
Wisconsin – An Inside Look at How Politicians Beg for Big Checks
Washington Post – Matea Gold | Published: 9/20/2016
Documents produced as part of a now-halted probe into suspected illegal campaign coordination in Wisconsin reveal in stark terms how the chase for big money by politicians has largely become a frantic pursuit of billionaires and corporate executives. Emails written in 2011 and 2012, when Gov. Scott Walker was raising funds to combat his attempted recall and that of a group of Republican state senators, expose how Walker played a leading role in securing big checks, making personal pleas to rich conservatives across the country. Among the donors Walker personally hit up was Donald Trump, who signed a check for $15,000 the day the governor visited him in April 2012.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
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