October 9, 2015 •
News You Can Use Digest – October 9, 2015
National: Corporations Improve Reporting of Political Activity – with Exceptions Center for Public Integrity – Dave Levinthal and Cady Zuvich | Published: 10/8/2015 A new study asserts that most of the nation’s largest corporations are showing “sustained, concrete progress” toward volunteering […]
National:
Corporations Improve Reporting of Political Activity – with Exceptions
Center for Public Integrity – Dave Levinthal and Cady Zuvich | Published: 10/8/2015
A new study asserts that most of the nation’s largest corporations are showing “sustained, concrete progress” toward volunteering more information about how they interact with governments, politicians, and campaigns. The study awarded points in 24 categories to companies that, for example, voluntarily disclose contributions to certain nonprofit groups, publish policies that govern political expenditures from its corporate treasury, and reveal money spent to influence state-level ballot initiatives. Such disclosures generally exceed what is required of corporations, such as regularly filing disclosure reports about congressional lobbying activity.
Federal:
Donald Trump’s Candidacy Raises Novel Ethics Questions
USA Today – Fredreka Schouten | Published: 10/6/2015
Experts say federal law would not explicitly prohibit Donald Trump from continuing to run his sprawling gambling, real-estate, and brand-marketing empire if he is elected president. And the conflict-of-interest rules that bar Cabinet secretaries and other high-ranking executive branch officials from overseeing matters that boost their personal bottom lines do not apply to the president. As president, Trump would appoint members to the Federal Reserve Board, which sets interest rates that could affect mortgages on his real estate. His pick for the Interior Department would make decisions affecting Indian tribes with gambling interests that compete with Trump’s casinos. “[Trump] stands out because he’s not just a businessman – he’s the Flo Ziegfeld or the P.T. Barnum of politics. He’s genuinely unique”” said Barbara Perry, director of presidential studies at the University of Virginia’s Miller Center.
Experts: John Kasich political ads chart new territory
USA Today – Fredreka Schouten | Published: 10/7/2015
A television ad promoting Ohio Gov. John Kasich’s presidential campaign opens with images of Islamic State fighters and Russia’s Vladimir Putin, and touts Kasich as the one candidate with the experience to deal with a dangerous world. The video does not come from the Republican’s campaign, however. Instead, it is produced and funded by an outside group that can raise unlimited amounts to back Kasich’s candidacy. And in a test of rules that bar candidates from coordinating with independent groups, Kasich shot footage for this and other ads in concert with the outside group. Kasich’s camp and his allies argue that is permissible because he was not officially a candidate when he taped material for the commercials.
Gallup Gives Up the Horse Race
Politico – Steven Shepard | Published: 10/6/2015
After a bruising 2012 cycle, in which its polls were farther off than most of its competitors, Gallup said it is not planning any polls for the presidential primaries this cycle. And, even following an internal probe into what went wrong last time around, Gallup would not commit to tracking the general election next year. The move comes at a time of unusual tumult in the polling world. Some have expressed concern about the accuracy of polling at a time when fewer people are reachable or willing to talk to pollsters.
House Majority Leader Kevin McCarthy Drops Out of Race for House Speaker
Washington Post – Mike DeBonis | Published: 10/8/2015
U.S. House Majority Leader Kevin McCarthy abruptly took himself out of the race to succeed John Boehner as speaker, apparently undone by the same forces that drove Boehner to resign. McCarthy’s candidacy was damaged when he suggested in an interview that the House committee investigating Benghazi had the political aim of damaging Hillary Clinton’s presidential campaign. He acknowledged his remarks about Benghazi had factored into his decision. McCarthy’s hopes of uniting Republicans took a blow when a close-knit group of roughly 40 hardline conservatives, the House Freedom Caucus, said it would back U.S. Rep. Daniel Webster.
Pithy, Mean and Powerful: How Donald Trump mastered Twitter for 2016
New York Times – Michael Barbaro | Published: 10/5/2015
Donald Trump has mastered Twitter in a way no candidate for president ever has, redefining its power as a tool of political promotion, distraction, and attack – and turning a 140-character task that other candidates farm out to staff members into a centerpiece of his campaign. In the process, he has managed to fulfill a vision sketched out a decade ago by a handful of digital campaign strategists: a White House candidacy that forgoes costly, conventional methods of communication and relies instead on the free and visceral platforms of social media. As Trump enters an uncertain period, even rival campaigns acknowledge Twitter is providing a bulwark against a slide in his poll numbers by allowing millions of supporters to make his case for him and deflect the controversies he touches off.
From the States and Municipalities:
California – More Transparency Coming for Referendums
San Diego Union-Tribune – David Garrick | Published: 10/6/2015
The San Diego City Council approved stricter reporting rules for groups supporting or opposing referendum campaigns. The changes make disclosures regarding referendums and initiatives the same as the city now requires of candidates seeking elective office. The rules will require committees formed to support or oppose an initiative or referendum to file disclosures within 10 days of receiving $100 contributions and within 24 hours of receiving $1,000 contributions. In addition, committees that make independent expenditures to support or oppose an initiative or referendum must file disclosures of all expenditures and funding sources within 24 hours during the signature gathering phase.
Kansas – Lobbyists Spend $500,000 on Food, Drink for Kansas Lawmakers
Wichita Eagle – Bryan Lowry | Published: 10/2/2015
Lobbyists in 2015 spent more than $500,000 entertaining Kansas lawmakers during the longest legislative session in the state’s history. State law prohibits lobbyists from making campaign donations during the session and limits them to spending $100 on gifts for a lawmaker. But unlike some other states, Kansas has no cap on the amount of food and drink a lobbyist can buy a legislator. Data from the state ethics commission give a partial picture of which organizations were most active in lobbying and which lawmakers they focused on during the session. But more than half the spending is not itemized, meaning it is not linked to a specific lawmaker.
Kentucky – Kentucky Lawmakers, Lobbyists May Already Be Violating New State Ethics Laws
Insider Louisville – Jonathan Meador | Published: 10/6/2015
An advisory from the Kentucky Legislative Ethics Commission expressed concern that lawmakers may be directly soliciting campaign contributions from lobbyists, potentially violating new laws specifically prohibiting them from doing so. Commission Executive Director John Schaaf says legislators might be sending fundraising appeals to lobbyists – including dollar amounts required for attendance at fundraisers, and to whom the payment should be made – which may then be passed on to the lobbyists’ employers. This, Schaaf said, likely would constitute a direct solicitation of a contribution.
New Mexico – New Corruption Fine Could Be Applied to Duran Case
Albuquerque Journal – Deborah Baker | Published: 10/5/2015
New Mexico Secretary of State Dianna Duran is facing 65 criminal charges including fraud, embezzlement, and money laundering for allegedly misusing campaign contributions to cover personal spending, including at casinos. Twenty-six of the charges are felonies. Under a 2012 law, if Duran were convicted of a felony, a judge could increase her sentence by imposing a fine “not to exceed the value of the salary and fringe benefits paid to the offender” since the commission of the first felony for which she was convicted. It would be the first time the law has been used against a statewide official, and it is not clear how it would work. It does not use the word “pension,” and it does not technically provide for pension forfeiture. But losing pensions is precisely what legislators had in mind when they passed it.
North Carolina – Advisory Letter Could Permit Bigger Role for Outside Groups in NC Elections
WRAL – Mark Binker | Published: 10/3/2015
An advisory letter from State Board of Elections Director Kim Strach says her agency has no ability to regulate organizations that mail, publish, or broadcast issue ads, which often look like, and for all practical purposes are, campaign ads. Groups that avoid “express advocacy” and do not trip certain thresholds on the election calendar may remain unregulated and are free to exchange certain types of information with candidates. Strach’s letter lays out how policy organizations or groups formed to bolster a particular candidate for governor, such as the Renew North Carolina Foundation that has aired ads featuring Gov. Pat McCrory, may communicate with their favored candidates.
North Carolina – Legislature’s Last-Minute Rush Prompts Criticism
Raleigh News & Observer – Colin Campbell | Published: 10/3/2015
Lack of transparency and time for public input was a common theme in the General Assembly’s final days in Raleigh, with lawmakers using a variety of maneuvers to move proposals that had not previously been made public. Longtime observers of the legislature say unexamined proposals tend to surface in the final days of every session, regardless of which party is in charge. Also drawing criticism was the decision to extend the final session to four a.m., rather than adjourning and finishing the year’s business in daylight hours later. As dawn approached, some lawmakers fell asleep in their seats. Others played music or passed a football to stay awake. And 37 House members and seven Senate members were already gone before the final vote.
Ohio – Redlight Camera Lobbyist Agrees to Plead to Extortion, Releases Statement
Columbus Dispatch – Lucas Sullivan | Published: 10/2/2015
Lobbyist John Raphael agreed to plead guilty extortion for pressuring a traffic-camera company to make more than $70,000 in campaign contributions to officials in Columbus and Cincinnati. He told federal officials he warned Redflex Traffic Systems that it would lose out on contracts with the cities if it did not make the donations. Raphael then made the contributions to the unnamed officials through himself, family members, friends, and business associates. Former Redflex Chief Executive Officer Karen Finley has pleaded guilty to funneling campaign contributions to officials in the two cities between 2005 and 2013. Finley’s plea agreement said contributions intended for Columbus officials were given to the Franklin County Democratic Party and Ohio Democratic Party.
Pennsylvania – House Passes Legislation to Increase Lobbying Fines
Pennsylvania Business Daily; Staff – | Published: 10/7/2015
The Pennsylvania House passed legislation to increase fines for lobbying violations. House Bill 1348 would increase the maximum penalty from $2,000 to $4,000. It also increases the maximum penalty under current law for negligent failure to report, in varying increments over time. The bill also would require all disclosure filings to be posted on the Department of State’s website within seven days of receipt. It now goes to the state Senate.
Wisconsin – GOP Bills Would Hike Contribution Limits, Split GAB into Two Agencies
Milwaukee Journal Sentinel – Patrick Marley | Published: 10/7/2015
Republican lawmakers formally unveiled a plan to disband the Wisconsin Government Accountability Board (GAB), calling it a well-intentioned experiment that failed. The bill would split the GAB into two separate commissions, one regulating ethics laws and the other covering elections. It would be similar to the system the GAB replaced in 2007. Members would be partisan appointees, evenly split between Republicans and Democrats. GOP lawmakers also introduced a campaign finance bill that would double how much donors can give to candidates. It would also rewrite laws that are out of step with a host of state and federal court rulings that have loosened campaign finance restrictions.
State and Federal Communications produces a weekly summary of national news, offering more than 60 articles per week focused on ethics, lobbying, and campaign finance.
October 2, 2015 •
News You Can Use Digest – October 2, 2015
National: Outside Groups Playing Bigger Role in 2015 State Elections Center for Public Integrity – Liz Essley Whyte and Ashley Balcerzak | Published: 10/1/2015 Independent groups are playing a much larger role in state elections than a year ago, shows a Center for […]
National:
Outside Groups Playing Bigger Role in 2015 State Elections
Center for Public Integrity – Liz Essley Whyte and Ashley Balcerzak | Published: 10/1/2015
Independent groups are playing a much larger role in state elections than a year ago, shows a Center for Public Integrity analysis of television advertising data. Though this year’s races are often drowned out by the hyperbole surrounding the 2016 presidential candidates, the growing role of independent political groups in state races tells a broader tale of their influence up and down the ballot, from governors’ races to state senate elections. With outside organizations playing a larger role in state elections, voters may not know who is behind the most vitriolic ads they see. Some of the groups do not have to disclose their donors, and some use alternate names that obscure their identities.
When Lobbyists Collide
Politico – James Panichi | Published: 9/25/2015
There is the perception that European lobbyists are as subtle and sophisticated as their American counterparts are brash and willing to step on toes to achieve their goals. But some experts say any real differences in the approaches are overstated and often easily overcome. What has long been billed as a clash of civilizations may simply be the result of smart professional adapting to different institutional ecosystems.
Federal:
Big Donors Seek Larger Roles in Presidential Campaigns
New York Times – Ashley Parker | Published: 9/29/2015
In an election cycle that is already on track to break spending records, and with few limits on contributions to super PACs and other outside groups, wealthy donors have never been more important. No longer satisfied with sitting on the sidelines and writing big checks, many of them are eager to play larger roles in the campaigns. They expect their views to be heard quickly and their concerns taken seriously, sometimes creating headaches and potential awkwardness for the campaigns and super PACs, which must tend to the contributors and their seemingly endless suggestions and questions.
FEC Employees: A bedraggled lot
Center for Public Integrity – Dave Levinthal | Published: 9/28/2015
A survey showed FEC employees, a generally unhappy lot for years, are even more unsatisfied with their jobs than before. The Federal Employee Viewpoint Survey’s satisfaction index places the agency near the bottom of 41 small agencies ranked. Three rank-and-file FEC employees interviewed told a similar story about agency morale: that it is bad and getting worse. The staffers’ primary complaint is that FEC employees often do not feel as if their work is valued by agency leaders, if it is acknowledged at all. Just 32 percent of employees responding to the survey said they were satisfied with the agency as an organization. Even fewer, 30 percent, said they would recommend people work there. The FEC fared marginally better in terms of employee pay satisfaction and personal job satisfaction.
House Speaker John Boehner to Resign at End of October
Washington Post – Mike DeBonis and Paul Kane | Published: 9/25/2015
House Speaker John Boehner will resign from Congress at the end of October. He has struggled from almost the moment he took the speaker’s gavel in 2011 to manage the challenges of divided government and to hold together his fractious and increasingly conservative Republican members. Most recently, Boehner was trying to craft a solution to keep the government open through the rest of the year, but was under pressure from a growing base of conservatives who told him that they would not vote for a bill that did not defund Planned Parenthood. Several of those members were on a path to remove Boehner as speaker, though their ability to do so was far from certain.
From the States and Municipalities:
California – Gun Discounts for LAPD Unit May Have Violated Ethics Rules
Los Angeles Times – Kate Mather | Published: 9/25/2015
Los Angeles police officers in a unit that evaluated Smith & Wesson handguns for a new department contract used their relationship with the company to privately purchase discounted pistols for members of the unit, a possible violation of city ethics rules. Although the unit’s officers were allowed to purchase various pistol models and calibers, the report found that the average discount for Smith & Wesson M&P 9-millimeter handguns was about $125 to $130 off the already reduced price of $455 usually offered to law enforcement officers. Ethics rules prohibit city employees from trying “to create or attempt to create a private advantage or disadvantage, financial or otherwise, for any person.” In addition, employees who are required to file statements of economic interest are not allowed to solicit gifts or accept gifts of more than $100 from a “restricted source.”
Indiana – Indiana Rep. Jud McMillin Resigns after Sex Video Emerges
USA Today – Tony Cook and Chelsea Schneider (Indianapolis Star) | Published: 9/30/2015
House Majority Leader Jud McMillin abruptly resigned after a sexually explicit video was sent via text message from his cellphone. It is unclear who sent the text or how broadly it was distributed. McMillin had texted multiple people stating that his cellphone had been stolen and apologizing for messages they may have received from his number. It is the second sex-related scandal to rock the Indiana House this year. Rep. Justin Moed apologized earlier this year after a website exposed his sexting activities with Sydney Leathers, the woman at the center of the Anthony Weiner scandal.
Iowa – Judge Upholds Iowa Rule on Corporate Spending in Campaigns
Quad City Times; Associated Press – | Published: 9/29/2015
U.S. District Court Judge Robert Pratt upheld an Iowa law that requires the boards of corporations and labor unions to approve any money they spend to influence elections. Pratt ruled the requirement does not violate the right to free association or illegally restrain speech. He said it ensures the integrity of the political system by letting the public know the spending is backed by the group and not “just an individual with access” to its bank account.
Massachusetts – Massachusetts Public Official Financial Records Obscured by State Law
MassLive – Dan Glaun | Published: 9/25/2015
While Massachusetts lawmakers, state officials, and other policy-makers are required to report the details of their property and financial holdings each year, the public does not have ready access to those disclosures. The state’s ethics law includes a quirk that can deter access to what are records designed to inform the public: all requests must be accompanied by personal identification and are forwarded to the official whose finances are being inspected. In practice, this means sending the State Ethics Commission individual forms for each statement, along with a copy of the requester’s license. It also means no online access to the statements, and no access whatsoever for residents unwilling to alert their representatives to their curiosity into those officials’ personal finances.
Michigan – Are State Lawmakers Running on Your Dime? Courser, Gamrat Staffs Weren’t the Only Ones Blurring That Line
MLive – Emily Lawler | Published: 9/29/2015
State law, supervisors, and Michigan House rules ask staffers to walk a fine line between official and political business. But it is a line that sometimes blurs. It is not unusual for staff members to serve an official, state-paid role while doing campaign work like knocking doors after hours, or clocking out for a few minutes to do a political task during normal House business hours, according to interviews with former employees. There are also House staffers who run substantial side businesses, collecting a state salary but doing thousands or hundreds of thousands of dollars’ worth of political business.
New Jersey – Tangled Web Surrounds United’s Aborted Atlantic City Routes
New York Times; Associated Press – | Published: 9/27/2015
Desperate to draw visitors to Atlantic City, New Jersey officials gave United Airlines more than $100,000 in incentives to fly to the seaside resort for at least a year. Then, when United abruptly canceled the money-losing routes eight months later, the officials appointed by Gov. Chris Christie decided not to enforce a contract provision that required the airline to repay the money. The Atlantic City flights and the debt forgiveness are just two elements of the tangled relationships between the Christie administration, the Port Authority of New York and New Jersey, and United Airlines – New Jersey’s eighth-largest employer. For instance, it was a public agency headed by Christie’s Transportation Commissioner Jamie Fox, a former United lobbyist, that forgave the airline’s debt.
New York – Power in Money: When is lobbying in N.Y. not lobbying?
Binghamton Press and Sun-Bulletin – Joseph Spector | Published: 9/27/2015
As lobbying spending in New York increased from $144 million in 2005 to $226 million in 2015, so too has the sophistication of the campaigns. No longer is the key to success solely hiring a lobbying firm to stroll the hallways trying to drum up votes. It requires a broad media strategy to win over lawmakers in their districts and in Albany. A review of records shows public-relations firms have collected more than $3 million since 2010 from political campaigns and then worked on efforts to promote key issues before the Legislature through coordinated lobbying efforts. PR firms that can offer a cache of services to public officials and private companies are the new frontier, and state laws have yet to keep up.
New York – U.S. Investigating Contract Awards in Buffalo Turnaround Project
New York Times – Susanne Craig, William Rashbaum, and Thomas Kaplan | Published: 9/27/2015
Federal investigators subpoenaed the State University of New York Polytechnic Institute and Empire State Development in a probe of Gov. Andrew Cuomo’s program to revitalize Buffalo’s economy. U.S. Attorney Preet Bharara’s office has been examining how the government-funded projects were awarded, and whether state elected officials played a role in choosing who would benefit from the major infusion of funds. SUNY Polytechnic Institute has played a central role in administering the governor’s effort and Empire State Development, the state’s economic development agency, is providing funding for the program.
North Carolina – NC Primaries Officially on March 15 with Signing
Raleigh News & Observer – Gary Robertson (Associated Press) | Published: 9/30/2015
North Carolina will hold its primary elections on March 15 next year under a bill signed into law by Gov. Pat McCrory. The new law allows state House and Senate caucuses to create “affiliated party committees” that can raise money to support legislative candidates without going through the state party operations. Supplemental legislation approved by lawmakers makes clear the caucus committees could only spend money to support House or Senate candidates, depending on the group. The measure also allows the creation of similar affiliated committees jointly held by members of the Council of State from the same party. Council members include the governor, lieutenant governor, and other statewide elected officials. None of the groups could raise money from lobbyists during the legislative sessions.
South Carolina – Capitol Gains: SC politicians use office to pad pockets
Center for Public Integrity – Tony Bartelme and Rachel Baye | Published: 9/25/2015
An investigation found South Carolina lawmakers and candidates used campaign accounts, reimbursements from state government, and gifts from special interests to pay for car repairs, football tickets, male-enhancement pills, and other questionable items. The inner workings of this cash network typically remain hidden unless prosecutors subpoena questionable receipts and other evidence locked away from public view, as happened in the case of former House Speaker Bobby Harrell. His conviction for misusing campaign money to pay for his private plane left many in the capital wondering whether other lawmakers would be charged. At least one active criminal investigation is underway, and a handful of legislators have been mentioned in a State Law Enforcement Division 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.
September 18, 2015 •
News You Can Use Digest – September 18, 2015
National: Statehouse Sex Scandals Carry Public Costs, Consequences Charlotte Observer – David Lieb (Associated Press) | Published: 9/14/2015 Two Michigan lawmakers lost their seats after an extramarital affair between them became public. At the same time, two state legislators in Minnesota, […]
National:
Statehouse Sex Scandals Carry Public Costs, Consequences
Charlotte Observer – David Lieb (Associated Press) | Published: 9/14/2015
Two Michigan lawmakers lost their seats after an extramarital affair between them became public. At the same time, two state legislators in Minnesota, also married to other people, were forced to step down from an ethics committee after a ranger cited them for making out in a public park. These episodes follow scandals earlier in the year involving male lawmakers and their young interns in Missouri. Changing the environment inside Capitols can be a difficult task, potentially complicated by the reality that statehouses remain a largely male-dominated workplace. “This is something that goes on in any large institution, [especially when you] add a lot of power, money, and prestige, all of which are aphrodisiacs,” said Wally Siewert, director of the Center for Ethics in Public Life at the University of Missouri-St. Louis. “These are deep, kind of human psychological traits that you’re probably not going to change.”
Federal:
Democrats Seek to Expand Use of ‘Super PACs’
New York Times – Nicholas Confessore | Published: 9/14/2015
An emergency request filed with the FEC by the Democratic Party would pave the way for the creation of a host of new super PACs tailored to individual U.S. House and Senate candidates. The filing also indicates Democrats would, if allowed, seek to use tactics pioneered by Republican presidential candidates this cycle, helping prospective candidates establish and raise money for super PACs before they officially declare their intent to run. Most strikingly, the lawyers are asking the FEC to clarify how declared candidates, their campaign staff, and their volunteers can help court donors for independent super PACs.
Lobbyist Finds a Quiet Place to Work, as a Six-Figure U.S. Government Contractor
New York Times – Eric Lipton | Published: 9/14/2015
While earning more than $100,000 a year serving as executive director of the Commission for the Preservation of America’s Heritage Abroad, Jeffrey Farrow has simultaneously helped collect as much as $750,000 a year in lobbying fees, representing clients that include the governments of Puerto Rico and the Republic of Palau. At times, one agency staff member has alleged, Farrow handled some of his lobbying work while at the offices of the federal agency. Experts in government ethics and lobbying law said the different hats that Farrow has simultaneously worn – as a lobbyist, foreign agent, and executive director of a federal agency – is at minimum highly unusual.
Vet Group Hosting Trump Lost Nonprofit Status
Miami Herald – Jeff Horwitz (Associated Press) | Published: 9/16/2015
The IRS revoked the nonprofit status of the veterans benefit organization that hosted and sold tickets to a speech by Donald Trump aboard a retired U.S. battleship. Veterans for a Strong America’s endorsement of Trump at the event also could raise legal problems under campaign finance laws. The IRS cited the group’s failure to file any tax returns for three consecutive years. Under federal law, corporations are restricted to donating $2,700 either in cash or in-kind contributions to a campaign. But the event, which Veterans for a Strong America paid for, involved 850 attendees, putting the cost at roughly $11,000. The law also generally prohibits candidates from coordinating their campaign activities with outside groups, and prohibits corporations from spending more than a minimal amount announcing their endorsements.
From the States and Municipalities:
Alabama – Legal Defense Bill Draws Alabama Ethics Commission Fire
Montgomery Advertiser – Brian Lyman | Published: 9/11/2015
Alabama Ethics Commission Executive Director Tom Albritton criticized a bill that would let public officials solicit money from lobbyists and others for criminal defense funds. The legislation addresses a broad range of topics, from the definition of a widely attended event to clarifying the two-year ban on lobbying for former members of the Legislature. The bill would allow state officials to create legal defense funds within 10 days of receiving their first contributions. It also allows lobbyists and principals to contribute to legal defense funds without violating the state’s ban on giving a “thing of value” to a public employee or official. The bill does not set any limits on who can contribute to the legal defense funds, or how much.
Alabama – Mike Hubbard Says Alabama Ethics Law He Fought For Is Unconstitutionally Vague
AL.com; Associated Press – | Published: 9/12/2015
Indicted House Speaker Mike Hubbard asked a judge to dismiss the case against him, arguing the Alabama’s ethics law he once championed is unconstitutional, and prosecutors and a grand jury stretched the bounds of the law when they charged him with 23 corruption counts. Hubbard is accused of using his offices as speaker and former position as state Republican Party chairperson to benefit his businesses by soliciting investments and clients and lobbying the governor’s office. His defense lawyers argued some of the activities and payments were constitutionally protected free speech and portions of the ethics law were unclear.
California – California Initiative Would Require More Campaign Finance Disclosure
Sacramento Bee – Christopher Cadelago | Published: 9/16/2015
A proposed ballot measure in California would close “dark money” loopholes for nonprofit donors by requiring disclosure of anyone who contributes $10,000 or more when the money ends up in a political effort. It also would update the state’s electronic filing system, make disclosure of contributors more apparent on television ads, and strengthen some penalties for violators. The measure would ban lobbyists and those who employ them from giving gifts of any value to public officials and cut from $460 to $200 the maximum value of gifts an individual can give to an official each year.
California – Sacramento City Council Approves Ethics Package
Sacramento Bee – Cathy Locke | Published: 9/16/2015
The Sacramento City Council approved an ethics reform plan, including the creation of an ethics commission and an independent redistricting commission. The council also accepted the city auditor’s finding that the city’s sexual harassment policy needs to be updated. The ethics commission is to focus on complaints involving campaign finance, lobbying, conflicts-of-interest and other issues involving city ordinances or policies. The panel would receive findings from an independent, third-party investigator and determine the appropriate action, such as administrative penalties or fines. The council directed the city clerk to work with the city attorney to draft an ethics code for review and approval by late December or early next year.
California – San Diego Lobbyist Fee Nearly Quadruples
San Diego Union-Tribune – David Garrick | Published: 9/15/2015
The San Diego City Council voted to raise the annual lobbyist registration fee from $40 to $150. Annual registration fees paid by clients who hire lobbyists will double to $30. The hikes take effect in January. City Clerk Elizabeth Maland said the increases are warranted based on the time and effort her office spends tracking and analyzing the work of lobbyists, which includes traditional lobbying, campaign activity, and fundraising efforts. Maland has said she plans to begin increasing the fees every three years.
Connecticut – Former Bridgeport Mayor, Out of Prison, Declares Victory in Primary
New York Times; Associated Press – | Published: 9/16/2015
A former mayor of Connecticut’s largest city who spent seven years in prison for corruption narrowly won the Democratic primary, making him the likely favorite to win back the office in the November election. Joseph Ganim was confirmed as the victor over current Bridgeport Mayor Joseph Finch in a close election. Ganim was sentenced to prison in 2003 for steering city contracts in exchange for hundreds of thousands of dollars in expensive wine, custom clothes, cash, and home improvements.
Florida – Lobbyist Miscues Laid Out in Legislative Report
Sarasota Herald-Tribune – Brandon Larrabee (News Service of Florida) | Published: 9/11/2015
To try to gauge whether lobbying firms were leveling on reports they are required to file with the state about who is paying them to work the Florida Capitol, the Joint Legislative Auditing Committee decided to look over those statements from 2014. The panel picked 26 lobbying firms to undergo random audits. In that first batch, 16 had “findings,” meaning they got something wrong. Of the dozen firms whose lobbying of the executive branch was examined, a newly released report from the committee found that six made mistakes. And 10 of the 14 influence businesses whose legislative reports were looked over were found to have misstatements. The vast majority of the mistakes were in misreporting how much money firms made from certain clients.
Michigan – House Expels Gamrat; Courser Resigns Before Vote
Detroit News – Chad Livengood | Published: 9/11/2015
Rep. Cindy Gamrat was expelled from office and Rep. Todd Courser resigned after they rocked the Michigan Legislature with an extramarital affair and a botched attempt to conceal it with a fictional, sexually explicit email. Courser admitted sending a phony email to GOP activists and others claiming he had been caught with a male prostitute. The email was intended to make his affair with Gamrat appear less believable if it was exposed by an anonymous blackmailer who Courser said had demanded his resignation. Gamrat said she discussed the plot with Courser but did not know the email’s graphic content before it was sent. The lawmakers had based legislation on their Christian beliefs and clashed with GOP leadership even before the controversy broke.
Missouri – Man Fined for Not Registering as Lobbyist
Waynesville Daily Guide – Summer Ballentine (Associated Press) | Published: 9/13/2015
The Missouri Ethics Commission fined a man who describes himself as a “citizen lobbyist” and ordered him to officially register as a lobbyist, a move he said could discourage activists from speaking for or against legislation. The commission claims there is probable cause to believe Ron Calzone, a director of Missouri First, improperly acted as a lobbyist without registering and filing paperwork. The ethics panel fined Calzone $1,000 and ordered him to stop trying to influence potential state legislation until he registers and files expenditure reports. Calzone said he does not meet the definition of a legislative lobbyist because Missouri First never specifically designated him as its lobbyist.
Rhode Island
R.I. Elections Board Issues Warning to Director
Providence Journal – Jennifer Bogdan | Published: 9/16/2015
The Rhode Island Board of Elections will fire its executive director in January unless it agrees before then that Robert Kando’s performance has drastically improved. Some areas that Kando has been told he must improve reflect recent gaffes. He was told he must give proper notification of board matters to be heard in executive session, and he must adhere to conflict-of-interest laws, both of which appear to be in response to a decision to allow former state Sen. John Celona to appeal $178,000 in campaign finance fines behind closed doors in violation of the Open Meetings Act. He has also been told he must consult with the board’s legal counsel on legal matters. Last year, without consulting counsel or the board, Kando told a Parent Teacher Organization that holding a bake sale at a polling place on Election Day could be treated as a felony.
Wisconsin – Knudson on GAB: ‘We need to take this thing apart’
Wisconsin Watchdog – M.D. Kittle | Published: 9/15/2015
State Rep. Dean Knudson laid out his plan to dismantle the Wisconsin Government Accountability Board (GAB). Republican leaders want to break down the GAB, separating it into two entities, a campaign finance/ethics commission and an elections panel. In that way the decentralized GAB would be much like its predecessor agencies. But Knudson argues that a partisan board composed of residents and administrators with limited terms is better than a so-called nonpartisan agency that has appeared to have acted in a partisan fashion. While Knudson and others have pushed for reform since late last year, their efforts have been stalled by the state budget battle and resistance from those afraid of the bad press they might receive for supporting change. Democrats have rallied around the GAB.
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 4, 2015 •
News You Can Use Digest – September 4, 2015
Federal: Lobbying Firm Fined for Disclosure Violations Center for Public Integrity – Dave Levinthal | Published: 8/28/2015 The Carmen Group will pay a $125,000 fine to settle allegations that it repeatedly violated the Lobbying Disclosure Act by failing to disclose some […]
Federal:
Lobbying Firm Fined for Disclosure Violations
Center for Public Integrity – Dave Levinthal | Published: 8/28/2015
The Carmen Group will pay a $125,000 fine to settle allegations that it repeatedly violated the Lobbying Disclosure Act by failing to disclose some of its lobbying activities and political contributions. The Center for Public Integrity had cited vague disclosure by the Carmen Group of its work securing $45 million in Hurricane Katrina relief loan forgiveness for client Xavier University of Louisiana as a leading example of toothless federal lobbying laws in need of reform. The settlement did not specifically mention the Xavier case. Both the House and Senate referred the firm to prosecutors for failing to file some quarterly reports, and individual lobbyists registered to work on behalf of its clients were accused of failing to file semi-annual reports of campaign donations.
From the States and Municipalities:
California – FBI Raids Palm Springs City Hall in Corruption Probe
USA Today – Jesse Marx and Kia Farhang (Palm Springs Desert Sun) | Published: 9/1/2015
The FBI and local agents raided Palm Springs City Hall and went to the mayor’s home as part of a corruption probe. The Palm Springs Desert Sun has published articles detailing the more than $200,000 in consulting work that Mayor Steve Pougnet did for a company owned by a developer, Richard Meaney, at a time when the firm’s business license had been suspended. Pougnet voted to sell city-owned land to Meaney and his partner for under $200,000, not long after purchasing an adjacent lot from a private owner for $1 million. The city council later voted to rescind the deal, and the California Fair Political Practices Commission is investigating Pougnet’s vote.
California – ‘Power Search’ Offers New Tool to Follow California Campaign Money
Sacramento Bee – Jim Miller | Published: 9/2/2015
Californians will have an easier time determining who is giving money to candidates and causes when a new tool becomes available on the secretary of state’s website. The antiquated CalAccess system, which shows political donations and lobbying information on the site, is clunky and difficult to use, especially for searching and sorting the data. A new search engine has been added to help users see more fully and easily, for example, the money received by candidates and ballot-measure campaigns. It will also be easier to see where industries and other special interests are concentrating their money.
California – San Jose City Clerk Given Second Chance Following Closed-Session Review
San Jose Mercury News – Ramona Giwargis | Published: 9/1/2015
The San Jose City Council decided to give City Clerk Toni Taber a second chance after a closed-session review of her job performance. Tabor had faced dismissal after her office told council members and candidates to follow the state law on reporting late campaign contributions, even though it was contrary to the city’s election law. The misinformation led to hundreds of violations for Mayor Sam Liccardo and the majority of council members, resulting in thousands of dollars of political donations being improperly reported in the past two years.
Colorado – Denver Ethics Board Floats Reforms Aimed at Boosting Public Confidence
Denver Post – Jon Murray | Published: 8/27/2015
The Denver Board of Ethics is considering a series of reforms. The changes would set a maximum annual value of $250 per donor or business for gifts of meals and event tickets to an official or employee who is in a position to take direct official action that benefits the donor. Currently, the limit is four meals or tickets, without a maximum dollar value. The proposals also would expand the definition of family members who cannot benefit from contracts or official action that are directed by an official or employee.
Illinois – Chicago Sues Red Light Camera Firm for $300 Million
Chicago Tribune – David Kidwell | Published: 8/31/2015
Chicago has brought a $300 million lawsuit against Redlex Traffic Systems based on the company’s bribery scandal involving the city’s red-light camera contract. Specifically, the city has joined a whistleblower lawsuit filed against Reflex last year by the company’s former executive vice president who was allegedly involved with the scandal. The suit alleges that John Bills, a now-retired city official who was previously responsible for managing Chicago’s red-light camera system, steered $124 million in city contracts to Redflex in exchange for cash and other personal benefits. The suit notes Redflex officials had stated the firm was following the law and the city’s ethics rules while operating the cameras.
Iowa – Iowa’s Medicaid Management: A game of pay to play?
Des Moines Register – Jason Clayworth | Published: 8/30/2015
Lobbyists and PACs representing the four companies whose proposals were selected to manage Iowa’s Medicaid program donated nearly $68,000 to the campaigns of state officials since 2010. At least another $57,000 flowed in from companies that submitted bids but failed to win the contracts. The Iowa amounts pale in comparison to $4.6 million that the four winning companies and their PACs have contributed to other governors, legislative leaders, and PACs across the country over the past five years. Critics contend such donations are part of widespread private sector efforts to shape public policy.
Maryland – Maryland Receives ‘B’ Grade on Lobbying Disclosure
Carroll County Times – Wiley Hayes | Published: 8/31/2015
The Sunlight Foundation analyzed lobbyist disclosure laws for all the states and gave Maryland a grade of “B.” Only seven states received higher scores. “Maryland is doing reasonably well in a number of categories,” said Emily Shaw, the deputy policy director for the foundation. “One of the things it does … is requiring lobbyists to provide very detailed lists of expenditures. They also do well at document accessibility. They allow people to see the documents that lobbyists fill out and how much lobbyist are paid for their work.”
Missouri – Ethics Commission Rules Dinner Violated Law, Issues No Fines
Columbia Tribune – Rudi Keller | Published: 8/31/2015
The Missouri Ethics Commission found seven lobbyists likely broke state laws requiring them to name lawmakers they buy meals for. The lobbyists were among 15 who split a nearly $5,700 dinner bill for about 40 people, including five Missouri lawmakers, during last year’s American Legislative Exchange Council meeting. The commission says the Missouri lobbyists improperly reported the meal as being bought for the General Assembly but not all lawmakers were invited. The ethics panel said the lobbyists believed all legislators had been invited and later corrected their reports to list the expenses as going toward individual lawmakers.
New Mexico – Complaint: A story of casinos, campaign money and crime
Santa Fe New Mexican – Milan Simonich, Steve Terrell, and Staci Matlock | Published: 8/29/2015
New Mexico’s attorney general filed a 64-count criminal case against Secretary of State Dianna Duran, accusing her of embezzlement, money-laundering, campaign finance violations, and other offenses. The complaint said Duran misused campaign contributions for personal expenses, adding that the investigation was sparked by a tip that she deposited large amounts of money into her personal bank account that did not line up with her known income streams. The complaint said funds were then transferred between her personal and campaign-affiliated accounts, culminating in “large debits for cash expenditures occurring at casinos throughout the state of New Mexico.”
North Carolina – Influence of Lobbyists Makes Them Practically a ‘Third House’ of Legislature
WRAL – Mark Binker | Published: 8/19/2015
Although their roles are not described in many civics textbooks, and many would rather stay out of the news altogether, very little public policy makes it through the North Carolina Legislature without input from lobbyists. Two decades ago, public policy professor Alan Rosenthal described lobbyists who plied their trade around the nation’s state House and Senate chambers as the “third house” of any particular lawmaking body. Rosenthal’s observation that “legislators, like the rest of us, are more apt to do things for individuals they like and trust,” is at once an observation about human nature, a truism of the profession, and at the root of public suspicions about lobbyists.
Oregon – Lobbying Spending Is Up. Where does the money go?
Salem Statesman Journal – Gordon Freidman | Published: 8/31/2015
Lobbyist spending has increased by more than 94 percent since 2010. “Everybody has representation in Salem for almost any conceivable interest or business,” said Paul Cosgrove, head of government relations at Lindsay Hart, a Portland law firm. Gary Conkling, a lobbyist and co-founder of CFM Communications, said as time has gone on and there are more lobbyists, one thing has been central to his work: integrity. “I can tell you when I first started, things were a little more slippery than they are today,” Conkling said.
Pennsylvania – Ex-Liquor Board Official Was Living Top-Shelf Life
Philadelphia Inquirer; Associated Press – | Published: 8/31/2015
James Short, a former top Pennsylvania Liquor Control Board (LCB) executive, will plead guilty to federal charges that he solicited and concealed kickbacks from vendors doing business with the agency overseeing the state’s 500 liquor stores. The federal probe that began last year revealed a culture in which Short and other LCB officials were entertained and handed trips and gifts from vendors seeking to do business with the state agency, one of the world’s largest buyers of alcohol.
Wisconsin – Elections Board Sends Questions about Lobbyists’ Presidential Contributions to Legislature
Minneapolis Star Tribune – Todd Richmond (Associated Press) | Published: 9/1/2015
The Wisconsin Government Accountability Board voted to ask state lawmakers to decide if and when lobbyists should be permitted to donate to Gov. Scott Walker’s presidential campaign. “When the law is silent on an issue and there is nothing to interpret, it is up to the Legislature to decide,” said board spokesperson Reid Magney. Wisconsin law allows lobbyists to give to state candidates between the day they circulate nomination papers and Election Day. But major party presidential candidates do not have to file nomination papers, creating confusion about whether lobbyists can give to them at all and over what period of time.
Wisconsin – GAB Head Told Former Employee to Tone down Comments
Milwaukee Journal Sentinel – Patrick Marley | Published: 9/1/2015
Wisconsin Government Accountability (GAB) Board Director Kevin Kennedy said his agency’s employees have personal political views but they do not make any decisions, as he tries to stave off Republican lawmakers’ plans to restructure the board. Conservatives’ calls to overhaul the GAB have grown louder following a newspaper story detailing a former staff attorney’s emails. The messages offered encouragement to an investigator looking into whether Gov. Scott Walker’s recall campaign illegally coordinated with outside conservative groups.
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.
August 28, 2015 •
News You Can Use Digest – August 28, 2015
Federal: After Allegations That It Lobbied with Federal Money to Block Competition, Lockheed Martin Agrees to Pay Almost $5 Million Washington Post – Lisa Rein | Published: 8/24/2015 The managers of one of the nation’s premiere federal laboratories in New Mexico […]
Federal:
After Allegations That It Lobbied with Federal Money to Block Competition, Lockheed Martin Agrees to Pay Almost $5 Million
Washington Post – Lisa Rein | Published: 8/24/2015
The managers of one of the nation’s premiere federal laboratories in New Mexico agreed to pay nearly $4.8 million to settle allegations of improperly attempting to influence members of Congress and others to extend the lab’s $2.4 billion management contract. Over five years starting in 2009, top executives for Lockheed Martin, who were being paid by the federal government to run Sandia National Laboratories, ran a fierce campaign to lobby members of Congress and senior administration officials for a seven-year extension of their contract, according to the settlement the Justice Department. It is not surprising that a politically connected defense contractor would lobby hard to keep a lucrative slice of federal business. But this case went further. It was taxpayers, not Lockheed’s corporate lobbying arm, who paid for the lobbying.
Meet the Liberals Who Love Trump
Politico – Ben Wofford | Published: 8/26/2015
The left is generally no fan of Donald Trump, but there is a contingent of liberals who take a different view. One is Harvard Law School professor Lawrence Lessig, arguably the country’s leading proponent of campaign finance reform, who said Trump has done so much to jazz up an otherwise eye-glazing issue that he would consider running on the same ticket as a third-party candidate. As pundits search for the source of Trump’s resilient appeal, reformers say they have long known the answer: the constant emphasis on how his wealth immunizes him from insider influence. “He’s made the same points the reformers have made: that this is a ‘pay-to-play’ system, that people put their money in and expect to get results,” said former FEC Chairperson Trevor Potter.
The Net Worth of Presidential Candidates
USA Today – Thomas Frohlich, Michael Sauter, and Sam Stebbins (24/7 Wall St.) | Published: 8/26/2015
Presidential candidates can expect very little privacy in their personal life, and with their finances. While candidates are not required to make their tax returns public, the practice has become common since the 1970s. Based on tax returns and other financial disclosures, the current candidates’ assets range from Scott Walker, who is worth as little as $36,000, to Donald Trump, who has an estimated net worth of $2.9 billion. The net worth of a presidential candidate does not necessarily determine the financial strength of the campaign. Some candidates’ campaign funds are far greater than their net worth, while others are far lower.
What the ‘Deez Nuts’ Candidacy Says about the State of US Democracy
Christian Science Monitor – Sara Aridi | Published: 8/20/2015
The presidential candidate Deez Nuts was surging in a recent poll, albeit unscientific, in North Carolina. Deez Nuts was also the number one trending topic on Twitter. In registering with the FEC, Deez Nuts listed an address in rural Wallingford, Iowa. Mark Olson said Deez Nuts was his son Brady, who is a sophomore in high school. Tom Jensen, the director of Public Policy Polling, said he added Deez Nuts to statewide survey three weeks ago because “the name makes people laugh, and it’s a long presidential election.” But Jensen also drew a serious conclusion from the Deez Nuts surge. “I would say Mr. Nuts is the most ludicrous and unqualified third-party candidate you could have, but he’s still polling at seven, eight, nine percent,” Jensen said. “Right now the voters don’t like either of the people leading in the two main parties, and that creates an appetite for a third-party candidate.”
Would More Lobbying Improve America?
Politico – Kevin Hartnett | Published: 8/24/2015
Tom Holyoke, a political scientist at Fresno State University, has been studying the internal dynamics of lobbying for years and has come to believe the country would be better off if lobbyists did more effective work for their clients. The problem, he writes in a new book, is not that corporations do not get enough representation – it is that lobbyists are crafty, and do not work for their clients as much as they claim. Instead, they tell their clients what they want to hear, while chiefly acting to stay tight with their contacts in Congress. “It becomes more important to lobbyists to maintain these relationships than to accurately represent the wishes and concerns of people they’re supposed to be representing,” said Holyoke.
From the States and Municipalities:
California – L.A. Wants More Details about Business Groups That Donate to City Campaigns
Los Angeles Times – Emily Alpert Reyes | Published: 8/27/2015
Members of the Los Angeles City Ethics Commission said they wanted staffers to come up with ways to require corporations, limited liability companies, and other “non-individual” campaign donors to publicly disclose more information about who controls them. The concern, said commission President Jessica Levinson, is that “it is really difficult to follow the money.” The push for more information comes after The Los Angeles Times reported on how challenging it is to track who is behind contributions made by such groups. The newspaper found several instances in which different companies with the same chief executive, address, or both donated to a candidate, but publicly available records left it unclear whether the companies were commonly owned.
Colorado – Colorado Energy Companies Spend Top Dollar on Lobbyists; What Do They Get in Return?
Colorado Springs Gazette – Megan Schrader | Published: 8/24/2015
Stat laws in Colorado has restricted the amount of entertaining lobbyists can do. Amendment 41, a 2006 ballot initiative, strictly banned lobbyists from spending anything on lawmakers. For everyone else who is not a registered lobbyist, the limit is currently $59 per-person, per-year, with a handful of exceptions. “In Colorado the legislative process is a very clean, ethical process,” said former House Speaker Chuck Berry. But Berry said the role of lobbyists has changed dramatically since he was in office from 1985 to 1998. He said term limits have led to void of institutional knowledge and makes both lobbyists and bureaucrats more powerful.
Illinois – Ex-Redflex Exec Pleads Guilty to Helping Orchestrate $2M Bribery Scheme
Chicago Tribune – Jason Meisner and David Kidwell | Published: 8/20/2015
Karen Finley, the former chief executive of a red-light camera company, pleaded guilty in a scheme that funneled hundreds of thousands of dollars in bribes to secure contracts in Chicago worth $124 million. Finley pleaded guilty to similar charges in a federal case in Ohio. In the Chicago case, Finley acknowledged she arranged for cash and benefits to go to a city transportation official, John Bills, and his friend; the benefits included golf trip and hiring the official’s friend as a Redflex contractor. Bills, who retired in 2012, has pleaded not guilty to extortion, bribery, and other charges.
Maine – Group Turns over Donor List from Gay Marriage Fight in Maine
St. Louis Post-Dispatch – David Sharp (Associated Press) | Published: 8/24/2015
The National Organization for Marriage (NOM) filed details of its financial activities related to a 2009 effort to repeal Maine’s same-sex marriage law following a lengthy legal battle. Jonathan Wayne, executive director of the Maine ethics commission, said the list had been filed at the agency’s website and NOM indicated it will not further fight the matter through the courts. The commission had ruled NOM violated the state’s campaign finance law and ordered the conservative group to pay a $50,250 penalty and release its donors. Although NOM paid the penalty, it continued to resist disclosure. But NOM lost that fight when the Supreme Judicial Court ordered it to hand over the list of donors.
Missouri – Missouri Lags behind Neighbors on Ethics Laws
Springfield News-Leader – John Swedien | Published: 8/23/2015
Missouri has no limits on campaign donations, no restrictions on the gifts legislators can accept from lobbyists, and no rule preventing lawmakers from immediately becoming lobbyists after leaving office. This stands in contrast to Missouri’s eight neighboring states; all limit at least one of those activities. Arkansas, Kentucky, Oklahoma, and Tennessee restrict all three. Illinois, Iowa and Kansas each limit two of the activities, and Nebraska caps lobbyists’ gifts.
Ohio – Former Ohio Deputy Treasurer Extradited from Pakistan to Serve 15 Years for Bribery, Money Laundering
Cleveland Plain Dealer – Jane Morice (Northeast Ohio Media Group) | Published: 8/26/2015
Former Ohio Deputy Treasurer Amer Ahmad has been extradited from Pakistan to serve a 15-year prison sentence for a kickback scheme. He pleaded guilty in 2013 to bribery and conspiracy charges, though he fled to Pakistan to avoid punishment. Ahmad admitted he funneled business to Douglas Hampton, a securities broker, in exchange for bribes. Ahmad was able to conceal the bribery payments by passing them through accounts of a landscaping business he owned. Over the two-year period, Hampton paid Ahmad more than $500,000. In return, Hampton received about $3.2 million in commissions for more than 350 securities trades on behalf of the treasurer’s office.
Oregon – Mystery Money: Oregon lets officials keep income details in shadows
Portland Oregon – Denis Theriault | Published: 8/22/2015
Voters might have known years sooner how much Cylvia Hayes was paid to push a private agenda while she was Oregon’s first lady if John Kitzhaber had been governor of California or 16 other states. Ethics filings in those states require officials to disclose where they and those in their households get their money, and roughly how much. But Kitzhaber had no obligation to report Hayes’ income from private clean-energy clients, income she accepted while also advising the state on energy issues. Oregon’s rules for income disclosure have not changed much since 1974. The rules allow officials from the statehouse down to local school boards hold back key information.
Tennessee – Lawmakers Spent 30K of Campaign Funds on Pro Sports Tickets
The Tennessean – Dave Boucher | Published: 8/22/2015
A recent analysis of state campaign finance records show at least seven Tennessee lawmakers collectively spent more than $30,000 in campaign money on tickets to professional sporting events since 2003. Although state law bans the use of campaign funds for tickets to sporting events, concerts, or other similar activities, there is an exemption that allows essentially all ticket purchases to go unchecked. Buying such tickets with campaign funds is largely banned for federal candidates, but the campaign finance laws in Tennessee and a slew of other states either allow or do not clearly ban such purchases.
Texas – Pool Proposes Changes to Rules for Lobbyists
Austin Monitor – Jo Clifton | Published: 8/26/2015
The Austin City Council is weighing reforms to the city’s lobbying law. The law currently requires lobbyists to register and disclose who their clients are. But the code is murky in its definition of who must register, and those who register do not always comply with all the reporting requirements. Under the proposed reforms, the registration fee would increase to $350; lobbyists for nonprofits would only have to pay $50 a year. The city auditor would be charged with reviewing lobbying registration for compliance, and violators could face individual fines for failing to register or disclose information. A person could be barred from lobbying after multiple violations.
Utah – It’s American Legion Versus Lobbyists in Fight for Space at Capitol
Salt Lake Tribune – Lee Davidson | Published: 8/24/2015
The American Legion has enjoyed free office space in the basement of the Utah Capitol since World War I. But the Capitol Preservation Board voted recently to try to get the organization to move so it can rent more space to lobbyists. The clash arose when the Capitol Hill Association of lobbyists sought to expand its current 1,800 square feet of space, located across the hall from the American Legion. Jodi Hart, the association’s president, told the board her group “has run out of space” for its current 35-member lobbying groups, who pay $4,500 per organization to join, and about $1,000 per person in annual dues, and has a waiting list of six organizations that want to join. The association proposed expanding into storage space next to its suite to add a few more conference rooms.
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.
August 21, 2015 •
News You Can Use Digest – August 21, 2015
Federal: Facing Money Gap, Hillary Clinton Slowly Warms to ‘Super PAC’ Gifts New York Times – Amy Chozik and Eric Lichtblau | Published: 8/17/2015 Republican presidential candidates have gained a near monopoly on donors of $1 million or more: 56 donors […]
Federal:
Facing Money Gap, Hillary Clinton Slowly Warms to ‘Super PAC’ Gifts
New York Times – Amy Chozik and Eric Lichtblau | Published: 8/17/2015
Republican presidential candidates have gained a near monopoly on donors of $1 million or more: 56 donors gave at least that much for a total of $124.2 million, outgiving Democrats’ biggest donors by about 12 to one. A single GOP contributor, Robert Mercer, a hedge fund magnate who gave $11.3 million, surpassed all of the million-dollar donors supporting Hillary Clinton, combined. Clinton’s allied super PACs, mindful that to resist the tide is to drown, are soliciting giant donations in earnest now, with her blessing. But the disparity, which has worried many Democrats, also has to do with the ambivalence, or outright disdain, that Clinton’s donors say they feel, and that some say they have picked up from her, about the role that super PACs should play.
Hillary Clinton 2016: Campaign wants donors to pay for their own food, parking
Politico – Kenneth Vogel | Published: 8/18/2015
Hillary Clinton’s campaign wants donors to pay for their own food and valet parking at fundraising events. The request filed with the FEC sketches out a novel plan under which the campaign would shift some fundraising costs to donors, without counting against their contribution limits. Campaigns usually either pay such costs directly or, in the case of smaller events in donors’ homes, allow hosts to contribute food, drink, and parking costs. But when hosts provide services and the tally exceeds $1,000, the FEC interprets those costs as in-kind donations because they are considered “necessary expenses incurred to provide an inducement for the making of a contribution.” And those in-kind contributions count against donors’ $2,700 limit for the primary election.
K Street Betting on Hillary
The Hill – Megan Wilson | Published: 8/20/2015
While many lobbyists are holding their pocketbooks in the early stages of the 2016 election cycle, Hillary Clinton received at least $625,703 from 316 registered lobbyists and corporate PACs during the first half of the year. Former Florida Gov. Jeb Bush ranks as a distant second in the influence industry, collecting $444,500 from 140 lobbyists. The donations are a shift from the last couple election cycles, especially on the Democratic side. Barack Obama made campaign promises in 2008 and 2012 not to take money from registered lobbyists, in addition to vowing to ban them from the administration, so the early donations signal K Street hopes to be back in good graces when the next administration takes over the White House.
From the States and Municipalities:
California – $240 Million Education Contract Illustrates State Lobbying Loopholes
KQED – Marisa Lagos | Published: 8/13/2015
Critics say California’s murky disclosure laws make it nearly impossible to know exactly what kinds of work private companies do to influence how thousands of state government contracts are awarded, including whether those same companies seek advantages with behind-the-scenes lobbying. A bill moving through the Legislature would force disclosure around lobbying for state contracts and put California in a group of just 18 states that require disclosure of procurement lobbying.
Florida – Florida Prison Problem Complicates Redistricting
Bradenton Herald – Jeremy Wallace | Published: 8/18/2015
Florida’s prison population is becoming a point of contention in the state Legislature’s attempt to redraw congressional districts. The last Census counted more than 160,000 people in correctional facilities, and they cannot vote. But they can skew how districts are drawn, and ultimately who represents the state in the U.S. House. The federal government has required states to count prisoners as residents of the towns where they are held, not where they are from. Peter Wagner, executive director of the Prison Policy Initiative, said counting prisoners where they are incarcerated means states are giving people living in communities with prisons more voting power and representation than they should have when it is clear inmates are not part of the town and counties they are counted in.
Indiana – Waivers from State Ethics Laws on the Decline
Indianapolis Star – Chelsea Schneider | Published: 8/17/2015
State records show Indiana officials have been issuing fewer waivers that would let state employees take related jobs in the private sector before a yearlong wait. Data show about 10 were granted each year over the past decade, but just one has been allowed so far this year. They could continue to decline because the General Assembly tightened the process by requiring all waivers to go before the Indiana State Ethics Commission. Before the law changed, department heads had wide discretion in determining whether to lift restrictions.
Missouri – Missouri House Is Developing New Intern Rules to Prevent Sexual Harassment
Kansas City Star – Jason Hancock | Published: 8/17/2015
The Missouri House is working on new intern rules aimed at preventing sexual harassment after recent scandals led two legislators to resign. Tighter rules for administering internships are part of an early draft of the policy, which also calls for the establishment of an ombudsman so interns could report problems. The scandals also have brought renewed attention to legislative ethics reform. To many lawmakers, Missouri’s status as the only state with no campaign contribution limits, no caps on lobbyist gifts, and no restrictions on lawmakers becoming lobbyists contributes to an anything-goes atmosphere underlying the sexual harassment of interns.
North Carolina – Deeper Probe of NC Video Sweepstakes Money Sought
Raleigh News & Observer – Craig Jarvis and Anne Blythe | Published: 8/20/2015
Millions of dollars was spent recent elections in a futile attempt to keep the video sweepstakes industry legal in North Carolina, with much of the spending directed by a man later charged in Florida with racketeering. The free-wheeling spending on politicians, lawyers, and lobbyists has raised suspicions, although one probe by the state elections board found no campaign finance violations. Democracy North Carolina, whose complaint prompted the two-year elections board inquiry, now wants the U.S. attorney and the Wake County district attorney to determine whether laws against corruption, bribery, or other offenses were broken, and for authorities to take another look at potential election law violations.
Ohio – Was Council Members’ Football Trip Worth More Than $250?
Columbus Dispatch – Lucas Sullivan | Published: 8/14/2015
The trip that four Columbus City Council members took with a lobbyist to watch the Big Ten Championship football game would have cost about three times the $250 they paid, a travel expert and stadium officials say. Ohio ethics laws state that if the difference between the cost paid for the trip and the actual fair market value exceeds $75, officials must pay the difference or disclose it as a gift on their financial-disclosure forms. The four council members who went –Andrew Ginther, Shannon Hardin, Michelle Mills, and Eileen Paley – all eventually paid $250 to watch Ohio State beat Wisconsin. Paley and Hardin disclosed the trip on their ethics forms, but Ginther and Mills did not.
Oklahoma – Ethics Commission Votes to Suspend Rules after Lawsuit
Albany Times Union; Associated Press – | Published: 8/14/2015
Some state property can be used again for political fundraising and distribution of campaign materials after the Oklahoma Ethics Commission decided to suspend rules against these activities. The action came after the state Democratic Party filed a federal free speech lawsuit against the panel.
Oklahoma – Oklahoma Sen. Rick Brinkley Pleads Guilty to Fraud Charges after Stealing More than $1.8M from BBB
The Oklahoman – Nolan Clay and Rick Green | Published: 8/20/2015
State Sen. Rick Brinkley pleaded guilty to federal fraud charges and resigned from the Oklahoma Legislature. He was accused of embezzling $1.8 million as head of the Better Business Bureau of Tulsa and failing to report about $148,390 in income on his 2013 tax return. A civil lawsuit filed by the Better Business Bureau alleged Brinkley used its money to pay “his mortgage, pool cleaner, personal credit card invoices, and to support a hidden gambling habit.” Brinkley was on track to become the president pro tem of the Senate in two years. His future began to unravel after questions were raised about a $49,693 check he had written from his campaign account to the Better Business Bureau.
Pennsylvania – Lobbyist Spending in Harrisburg Trending Upward
Pittsburgh Post-Gazette – Chris Potter | Published: 8/16/2015
In 2007, when Pennsylvania lobbyists began reporting their activity, they spent $84,175,726. By 2014, the total was $106,283,183. The Marcellus Shale Coalition is the state’s most active lobbying concern. It reports spending just under $14.1 million since 2010. A handful of individual companies reported their own million-dollar expenditures. Six of Pennsylvania’s top 10 lobbying interests work in health care or insurance. “The ideal situation would be if representatives were hearing from citizens, rather than people paid to influence them,” said Mark Singel, a former Pennsylvania lieutenant governor who now works as a lobbyist for the Winter Group.
Wisconsin – Audit of Wisconsin Elections Board Finds No Major Problems with Handling of Investigations
Minneapolis Star Tribune – Scott Bauer (Associated Press) | Published: 8/20/2015
A Legislative Audit Bureau report found no major problems with the way the Wisconsin Government Accountability Board (GAB) handles complaints. “It puts to rest any questions as to whether the six board members exercise independent judgment when they make decisions about complaints, investigations, and penalties,” said GAB Director Kevin Kennedy. As much as Kennedy may wish that to be the case, Republicans who control the Legislature, along with Gov. Scott Walker, have said for months they plan to make significant changes to the board, including possibly doing away with it and starting over. The audit follows a more comprehensive one released in December that looked at the GAB’s entire operation, not just investigations. In that report, the bureau did not recommend that the GAB be overhauled or dismantled.
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.
August 14, 2015 •
News You Can Use Digest – August 14, 2015
National: Corruption Accusations Paint Troubling Picture of Politics in Philadelphia Region Philadelphia Inquirer – Jonathan Tamari and Chris Palmer | Published: 8/9/2015 The recent indictments of public officials on corruption charges paint a damning picture of politics in Pennsylvania and New […]
National:
Corruption Accusations Paint Troubling Picture of Politics in Philadelphia Region
Philadelphia Inquirer – Jonathan Tamari and Chris Palmer | Published: 8/9/2015
The recent indictments of public officials on corruption charges paint a damning picture of politics in Pennsylvania and New Jersey, one that has dominated front pages with stories of wealthy campaign donors, officials using their posts for their own ends, and the alleged abuse of taxpayer dollars. Pennsylvania Attorney General Kathleen Kane, U.S. Rep. Chaka Fattah, and U.S. Sen. Robert Menendez, along with two people charged in the George Washington Bridge scandal, have all insisted they have done nothing wrong. Still, the stream of charges adds a dark chapter to two states already widely regarded as among the most corrupt in the county.
How Transparent Is Your State’s Lobbying Disclosure?
Sunlight Foundation – Jonah Hahn | Published: 8/12/2015
A review by the Sunlight Foundation of lobbyist disclosure requirements found many states fail to address the legislative flaws that create loopholes, do not provide citizens with easily accessible information, and lack stringent transparency policies. For example, the foundation said that in many states, trying to locate and view a lobbyist’s registration form is either impossible or logistically complex. In 33 states, lobbyists are not mandated to disclose their expenditures in a comprehensive fashion. The foundation ranked the states on how well each one performed on criteria such as reporting thresholds, document availability, and transparency on expenditures.
Federal:
Donors Descend on Schumer and Others in Debate on Iran
New York Times – Jonathan Weisman and Nicholas Confessore | Published: 8/12/2015
Approaching a vote on the Iran nuclear accord, tens of millions of dollars are flowing into ad campaigns and contributors leveraging access to undecided Democrats in the U.S. Senate. Donors said they did not believe any senator would vote based on threats to give or withhold money, and none admitted to giving such ultimatums. But with super PACs poised to dump tens of millions of dollars into Senate races next year, the passions of big contributors – and their ability to change a candidate’s fortunes – are a keenly felt undercurrent to the debate. Some of the biggest donors to super PACs also have strong opinions about the Iran deal and Israel’s security.
Lawrence Lessig Wants to Run for President – in a Most Unconventional Way
Washington Post – Philip Rucker | Published: 8/11/2015
Harvard professor Lawrence Lessig is launching an exploratory committee for the Democratic presidential nomination focused on his signature issue – reforming the nation’s campaign finance laws. “Jefferson’s truth, that all are created equal, has become Orwell’s meme, that some are more equal than others,” said Lessig. He said campaign finance reform is the first step toward addressing every other major issue in American politics. Lessig envisions a president that will serve with the singular goal of campaign finance reform, and step down once it is achieved to let the vice president serve out the remainder of the term. He hopes to crowd-fund $1 million by Labor Day.
New Challenge Filed to Party ‘Soft-Money’ Limits
Bloomberg BNA – Kenneth Doyle | Published: 8/4/2015
James Bopp renewed his attack on federal campaign finance law by filing suit on behalf of the Louisiana Republican Party that challenges restrictions on soft money contributions to political parties. BCRA bans soft money donations to national parties and restricts its use in federal elections by state and local parties. The limits are among the last BCRA provisions left intact following a series of court challenges to other campaign finance regulations. Last November, the Republican National Committee refused to provide an explanation when a similar case was abruptly dropped. But the move came shortly after the GOP won electoral victories that gave them majority control of both the House and Senate, and appeared to reflect a strategic shift away from such court challenges by at least some in the party.
From the States and Municipalities:
Alabama – Federal Court Upholds Alabama PAC-to-PAC Transfer Ban Law
Legal Newsline – Shaun Zinck | Published: 8/6/2015
A federal court upheld the constitutionality of Alabama’s law that bans transferring money from one PAC to another. The court found the state has a sufficiently important issue in preventing corruption or the appearance of corruption and the ban supports this interest, and the law was narrowly drawn so as to protect the state’s interest without being in violation of the First Amendment.
Florida – Trump, Gimenez Let Off Easy after Breaking Lobbying Law, Critics Say
FloridaBulldog.org – Francisco Alvarado | Published: 8/10/2015
Michael Muraswski is the advocate for the Miami-Dade Commission on Ethics and Public Trust, whose role is to prosecute people who break the county’s conflict-of-interest and ethics laws. Critics accuse Muraswski of giving a free pass to rich, powerful, and politically connected individuals who break the rules, including Donald Trump and county Mayor Carlos Gimenez.
Illinois – Illinois’ Corrupt Women
WUIS – Maureen Foertsch McKinney | Published: 8/1/2015
The term “Old Boys Network” is shorthand for the culture that breeds political corruption. A new study from the Paul Simon Public Policy Institute contends the term is gender-inaccurate. “Unsupervised, Ensnared, Relational, and Private: A Topology of Illinois’ Corrupt Women” takes a look at the women of the state who have been convicted for abusing their office. It challenges the notion that “female public officials have a deterrent effect on corruption” and examines the methods and motivations most common among female officials who have been convicted.
Michigan – Recordings: State rep asked aide to hide relationship
MLive.com – Chad Livengood | Published: 8/7/2015
Michigan Rep. Todd Courser distributed a fake e-mail that suggested he had sex with a male prostitute so he could hide his relationship with another state representative. Both lawmakers are Christian conservatives who frequently refer to their faith. Courser, a married father of four, said in an audio recording that the e-mail was intended to create a “complete smear campaign” of false claims so a public revelation about his relationship with state Rep. Cindy Gamrat would seem “mild by comparison.” The Detroit News interviews suggested the representatives used their taxpayer-funded offices to maintain and cover up their relationship.
Missouri – MEC Dismisses Complaint against Redmon
Missouri Times – Travis Zimpfer | Published: 8/11/2015
The Missouri Ethics Commission dismissed a complaint against state Rep. Craig Redmon over allegations he allowed lobbyist gifts for others to be reported as his. The commission said it found no inaccuracies in lobbyist expenditures for the past three years. The agency said it also did not find any expenditures that should have been reported to other public officials. Redmon at first was paraphrased by The Kirksville Daily Express and later told The Associated Press that he sometimes has told people to put under his name expenses that actually were made for others. He has since denied any such action. Redmon says he misspoke and was not paying attention to questions.
Montana – Campaign Finance Rules Released, Upcoming Public Hearings
Helena Independent Record – Alexander Deedy | Published: 8/6/2015
Montana Commissioner of Political Practices Jonathan Motl is putting his proposed campaign finance regulations out for public comment. A public hearing on the proposed rules will be held in Helena on September 2 and 3. Comments may also be submitted to the commissioner’s office. Motl has said the rules would allow corporate groups to spend money in campaigns, but they must say how much they are spending, where the money came from, and what it is being spent on. Motl must approve the final regulations before October 1.
Oklahoma – Democratic Party Sues Oklahoma Ethics Commission
The Oklahoman – Rick Green | Published: 8/11/2015
Oklahoma Democratic Party is suing the state Ethics Commission over new agency rules that prohibit any fundraising or distribution of election materials on state-owned property. Party officials argued the new rules are an improper restraint on free speech. The party had to call off a fund-raising activity planned for Oklahoma City Community College on July 25 after the commission “informally indicated an intention to enforce its rules,” the lawsuit said.
Pennsylvania – Montco DA Charges Attorney General Kane
Philadelphia Inquirer – Craig McCoy, Angela Couloumbis, and Jeremy Roebuck | Published: 8/6/2015
The Montgomery County district attorney filed criminal charges against Pennsylvania Attorney General Kathleen Kane in a convoluted tale of political maneuvering and retribution that threatens the career of an official who was seen until recently as one of her state’s rising stars. Kane has been accused of illegally giving grand jury documents to a newspaper in order to embarrass a critic, and then trying to cover up her actions with false testimony to a different grand jury. Kane has admitted to leaking material, but insisted it was not covered by grand jury secrecy requirements.
Rhode Island – Secretary of State Seeks Overhaul of RI Lobbying Statutes
The Associated Press – Jennifer McDermott | Published: 8/12/2015
Secretary of State Nellie Gorbea said she has questioned whether there are people and organizations lobbying in Rhode Island without registering to do so, either because they are ignoring the law or do not know about it. Because she does not have power to investigate, Gorbea now sends educational letters to people she thinks may be lobbying based on media reports. “Without proper legal investigative processes, you’re left with trying to be fairly broad in terms of outreach,” said Gorbea. She has suggested a new lobbying statute to provide a framework for investigations and hearings, and to grant her subpoena power. Lawmakers did not pass the bill during the 2015 session.
Texas – Texas Watchdog Group Calls another Political Titan to Account
New York Times – Manny Fernandez | Published: 8/6/2015
State Attorney General Ken Paxton, former Gov. Rick Perry, and ex-U.S. House Majority Leader Tom DeLay are all Texas officials who have been indicted while in office over the past decade. They also have one other thing in common: the complaints leading to their indictments were initiated by Texans for Public Justice, the low-budget, nonprofit watchdog group that Craig McDonald runs out of a basement office in Austin. Critics dispute McDonald’s claim that Texans for Public Justice is nonpartisan, saying it has used the courts to serve as a political attack machine against Republicans.
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.
August 7, 2015 •
News You Can Use Digest – August 7, 2015
National: Drunk on Power: Booze distributors ply statehouses to keep profits flowing Center for Public Integrity – Liz Essley Whyte | Published: 8/6/2015 Alcohol distribution is a $135 billion industry in the U.S. To protect the regulations that guarantee their business, […]
National:
Drunk on Power: Booze distributors ply statehouses to keep profits flowing
Center for Public Integrity – Liz Essley Whyte | Published: 8/6/2015
Alcohol distribution is a $135 billion industry in the U.S. To protect the regulations that guarantee their business, wholesalers bankroll scores of lobbyists and give millions of dollars in political contributions. Because alcohol is largely regulated at the state and local level, wholesalers aim most of their political firepower at statehouses. At least 22 states had bills in 2015 seeking to allow alcohol makers to circumvent distributors and sell their products directly to customers. They faced firm opposition because alcohol wholesaler alliances had at least 315 registered lobbyists spread across 49 states and the District of Columbia. Distributors gave about $14.6 million to state candidates, parties, and ballot issue groups in 2014.
Federal:
Limits Unclear on New Political Party ‘Slush Funds’
Center for Responsive Politics – Carrie Levine | Published: 8/3/2015
A new law allows political parties to accept more than $800,000 per person per year, compared to $97,200 under the old limits. The money technically must be used only for specific purposes, such as legal expenses and improvements to party headquarters. But the limits are murkier than they seem, with some lawyers saying the money could legally pay for some election-related costs such as opposition research and data mining. And the FEC is at an impasse over whether and how to issue rules governing the new party accounts. As a result, decisions about spending the money are pretty much up to the parties and their lawyers.
Rand Paul Super PAC Head Indicted over Alleged 2012 Campaign Finance Violations
Washington Post – Sean Sullivan and Matea Gold | Published: 8/5/2015
A supporter and onetime close adviser to U.S. Sen. Rand Paul was charged with hiding secret payments to secure the endorsement of an Iowa lawmaker during the 2012 presidential campaign of his father, former U.S. Rep. Ron Paul. Jesse Benton, who had been tapped to run America’s Liberty, a super PAC that supports Rand Paul’s presidential bid, is accused of paying more than $70,000 to former Iowa Sen. Kent Sorenson to win his support ahead of the state’s caucuses in 2012. Also charged are John Tate and Dimitrios Kesari, who worked with Benton on the 2012 campaign. The three are accused of submitting false expense reports to the FEC. Benton is also accused of lying to the FBI.
Small Pool of Rich Donors Dominates Election Giving
New York Times – Nicholas Confessore, Sarah Cohen, and Karen Yourish | Published: 8/1/2015
An analysis of FEC reports and IRS records shows the fundraising arms race has made most of the presidential hopefuls dependent on a small pool of the richest Americans. Fewer than four hundred families are responsible for almost half the money raised in the 2016 campaign. The intensifying reliance on big money in politics mirrors the concentration of American wealth more broadly. In an era when a tiny fraction of the country’s population has accumulated a huge proportion of its wealth, the rich have also been empowered by the U.S. Supreme Court’s Citizens United decision and other regulatory changes to spend more on elections.
From the States and Municipalities:
Alabama – Tom Albritton, Alabama’s New Ethics Executive Director, Wants to Be Fair, Consistent
AL.com – Mike Cason | Published: 7/31/2015
Tom Albritton, the new executive director of the Alabama Ethics Commission, said consistency is the key to applying a broadly written ethics law in a way that both guards the public’s trust and encourages good people to run for office. He said parts of the ethics law are nonspecific to the extent that it requires careful interpretation for every circumstance and event. “I think having broad language is a challenge to enforce consistently, and you can’t have a rigid set of rules that don’t work in the real world,” said Albritton.
California – Campaign Money Has MTA Board Members Missing Votes
Los Angeles Times – David Zahniser and Katie Shepherd | Published: 8/3/2015
Los Angeles Mayor Eric Garcetti recused himself from dozens of Metropolitan Transportation Authority board votes last year as he sought to comply with one of California’s most restrictive rules on campaign contributions. Politicians on the board are prohibited from participating in decisions on contracts if they have received political donations of more than $10 from the companies seeking the work. One of his appointees to the board, city Councilperson Mike Bonin, withdrew from 34 contract decisions. County Supervisor Michael Antonovich stepped aside on 19 votes. For ethics experts, the practice of missing votes poses a question: does it mean the system is working, because politicians are staying away from the decisions that affect their campaign donors? Or does it show that it is broken, because board members repeatedly miss major financial decisions?
California – Public Officials Named in New Findings from FBI Probe of ‘Shrimp Boy’ Chow
San Francisco Examiner – Jonah Owen Lamb | Published: 8/4/2015
Evidence from the prosecution of Raymond “Shrimp Boy” Chow potentially implicates a wide array of public officials in alleged bribery schemes, “pay-to-play” plots, money laundering, and bid-rigging. The federal investigation culminated in a sweeping indictment with 29 defendants. Among them was former California Sen. Leland Yee, who pleaded guilty to racketeering. Chow was charged with running a Chinese American community organization as a racketeering enterprise. A motion to dismiss the indictment included snippets of FBI reports and wiretap evidence that suggest San Francisco Mayor Ed Lee and others participated in public corruption schemes but were spared prosecution “due to their political affiliations.’
Maine – Anti-Gay Marriage Group Suffers another Loss in Bid to Conceal Donors to Maine Campaign
Portland Press Herald – Steve Mistler | Published: 8/4/2015
Maine’s highest court rejected a national group’s latest bid to shield the identities of donors who contributed to its effort to overturn the state law allowing same-sex marriage. The state ethics commission fined the National Organization for Marriage (NOM) $50,250 last year for violating campaign finance laws and ordered it to file a report revealing the names of those who supported the referendum. NOM paid the fine but asked the Supreme Judicial Court to allow it to hold off on filing the report until the court considers its appeal of the commission’s decision. The justices denied that request, saying it is unlikely the organization will be successful in its challenge of the ethics panel’s ruling.
Massachusetts – 2 Businesses Fight State Ban on Campaign Contributions
MassLive.com – Shira Schoenberg | Published: 8/4/2015
An advocacy group and two business owners asked a judge to grant a preliminary injunction temporarily halting Massachusetts’ restrictions on corporate political giving. Under the state’s current campaign finance law, businesses are not allowed to contribute directly to candidates. Unions can contribute up to $15,000 to a candidate and individuals can contribute up to $1,000. Businesses cannot establish and fund PACs that donate to candidates, even though unions can. “Government can’t pick winners and losers in the political marketplace,” Jim Manley, senior attorney at the Goldwater Institute, told reporters before the hearing.
New York – JCOPE Denies Request to Shield Abortion-Issue Donors
Capital New York – Jimmy Vielkind | Published: 8/4/2015
The Joint Commission on Public Ethics (JCOPE) rejected applications from Family Planning Advocates of New York and the state Civil Liberties Union for exemptions that would allow the groups to keep their most generous donors secret. The 2011 law that created JCOPE allows it to grant exemptions if donors to a specific group – advocacy organizations categorized as 501(c)4 groups – are likely to face “harm, threats, harassment, or reprisals” if their giving becomes known to the public. Commissioners who opposed the exemptions expressed concern that the standard of evidence in the applications, which detailed episodes of perceived threats, was insufficient.
Pennsylvania – City Adopts New Reporting Requirements for Campaign Financing
Philadelphia Daily News – Wendy Ruderman | Published: 7/31/2015
Mayor Michael Nutter signed legislation that requires non-candidate groups that fundraise for the purpose of influencing elections to submit campaign finance reports every two weeks, beginning six weeks before an election. Non-candidate groups include nonprofit organizations, corporations, partnerships, and PACs. Disclosures regarding electioneering communications, such TV ads purchased by non-candidate parties, are also required within 50 days of an election. The bill followed a Democratic mayoral primary in which a significant amount of so-called dark money was spent by independent groups to influence the race.
Pennsylvania – City’s Campaign Contribution Limits at Heart of Fattah Case
Philadelphia Inquirer – Chris Brennan | Published: 7/30/2015
U.S. Rep. Chaka Fattah had a plan as he prepared for Philadelphia’s 2007 mayoral race: raise six-figure contributions from wealthy donors and, if challenged, use the courts to overturn the city’s donation limits. The conventional wisdom in political and legal circles at the time was that those caps would not survive a legal challenge. A Philadelphia judge, as expected, overturned the limits in December 2006. Commonwealth Court put them back in a ruling that landed just six weeks before the mayoral primary. The ruling set Fattah on a course that ultimately led to his recent indictment on corruption charges as he tried to circumvent the local law.
Pennsylvania – Reading Councilman Pleads Guilty in Corruption Case
Philadelphia Inquirer – Jeremy Roebuck | Published: 8/5/2015
Reading City Council President Francisco Acosta pleaded guilty to accepting a bribe of $1,800 in return for his effort to repeal the city’s campaign finance law. Court documents do not identify the public official who offered the bribe, but said the official had the power to sign city council legislation into law. The only person with that power is Mayor Vaughn Spencer, whose home was raided in July by the FBI. “Public Official No. 1,” as court documents described the person offering the bribe, had taken campaign donations that violated city law. The official believed “his best chance of winning re-election would require keeping these contributions and raising additional funds which would be prohibited by the code of ethics,” according to the documents.
Texas – Appellate Panel Says Texas ID Law Broke U.S. Voting Rights Act
New York Times – Erik Eckholm | Published: 8/5/2015
A federal appeals court struck down Texas’s voter-identification law, ruling it violates the Voting Rights Act. Texas was allowed to use the law during the 2014 elections, thereby requiring an estimated 13.6 million registered voters to have a photo ID to cast a ballot. The ruling was a victory, although not a sweeping one, for Democrats and minority rights groups. Last year, a federal judge called the law the equivalent of a poll tax, but the three-judge panel of the Fifth U.S. Circuit Court of Appeals disagreed. Instead, it sent the law back to the lower court to consider how to fix the discriminatory effects. The state can appeal the unanimous decision to the full appeals court, or ask for a U.S. Supreme Court review.
Texas – Paxton Surrenders in Securities Fraud Indictment
Texas Tribune – Patrick Svitek | Published: 8/3/2015
Facing three felony counts of securities law violations, Texas Attorney General Ken Paxton was booked on felony securities fraud charges. The grand jury indictments show that two first-degree fraud charges were based on Paxton’s efforts in July 2011, when he was a member of the state House, to sell stock on behalf of Servergy. According to the indictments, Paxton failed to tell stock buyers that he had been compensated with 100,000 shares of Servergy stock. Paxton also said he was an investor in Servergy when he was not, the charges indicated. A third count accused Paxton of acting as an investment adviser representative without registering with the State Securities Board. Paxton is not required to leave office while he fights the charges.
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.
July 31, 2015 •
News You Can Use Digest – July 31, 2015
National: A Dream Undone New York Times – Jim Rutenberg | Published: 7/29/2015 August 6 is the 50th anniversary of the signing of the Voting Rights Act. It eliminated literacy tests and other Jim Crow tactics, and in a key provision […]
National:
A Dream Undone
New York Times – Jim Rutenberg | Published: 7/29/2015
August 6 is the 50th anniversary of the signing of the Voting Rights Act. It eliminated literacy tests and other Jim Crow tactics, and in a key provision called Section 5 required seven states with histories of black disenfranchisement to submit any future change in statewide voting law for approval by federal authorities. In 2008, for the first time, black turnout was nearly equal to white turnout, and Barack Obama was elected the nation’s first black president. Since then, however, the legal trend has abruptly reversed. The rollback of the law was the result of a little-known part of the civil rights story. It involves a largely Republican countermovement of ideologues and partisan operatives who methodically set out to undercut or dismantle its most important requirements.
Facebook Expands in Politics, and Campaigns Find Much to Like
New York Times – Ashley Parker | Published: 7/29/2015
While it is no surprise that campaigns are devoting a greater share of their budget and energy on digital initiatives, Facebook, already a major player in past cycles, has been working to expand its digital dominance in the political realm. Facebook, which has 189 million monthly users in the U.S., has pitched its tools and services to every presidential campaign in the 2016 race, not to mention down-ballot races, to showcase new features as candidates seek to reach and recruit new supporters and potential donors. Some estimate that 2016 will usher in roughly $1 billion in online political advertising, and Facebook says it is on track to increase its revenue from previous cycles.
Federal:
Billionaire Donors Bypass K Street
Roll Call – Kate Ackley | Published: 7/29/2015
The most politically generous billionaires invest almost unlimited personal resources in supporting federal candidates and super PACs. But the hedge funds and other companies that fuel their bank accounts put up a relatively small amount of cash toward disclosed federal lobbying, according to a Roll Call survey of the top 25 donors. Some of the firms founded or owned by the biggest donors leave no paper trail revealing any history of lobbying work. But even when they do not list a roster of pricey hired help from K Street, these top donors and their companies still exert influence.
D.N.C. Lifts Ban on Convention Fundraising
New York Times – Maggie Haberman | Published: 7/23/2015
The Democratic National Committee (DNC) lifted its ban on contributions from PACs and lobbyists for its convention fundraising and for the accounts it shares with presidential campaigns. Both limitations were put in place by Barack Obama, who was seeking to change the influence of money in Washington. The DNC will continue its policy of not accepting donations from PACs and lobbyists for its general fundraising operations. Allowing such contributions to the joint fundraising committee was something that Hillary Clinton’s campaign encouraged, and Congress last year eliminated public funding for the national conventions.
From the States and Municipalities:
Arkansas – Ethics Panel Reaffirms Past Ruling on Ticket Sales to Legislators
Arkansas News – John Lyon (Arkansas News Bureau) | Published: 7/24/2015
Regardless of whether the preferential treatment comes from the University of Arkansas itself or from the Razorback Foundation, lawmakers cannot get access to Razorback tickets unless they pay the same fees as everyone else, the state Ethics Commission ruled. University officials had argued the school and its athletic booster club are separate entities and restrictions on gifts from lobbyists do not apply to the foundation. The commission disagreed.
Missouri – McCaskill Calls for Advocacy Group to Give Missouri Capital Interns ‘Someone to Talk to’
KCUR – Jo Mannies | Published: 7/29/2015
State Sen. Paul LeVota resigned recently after being accused of sexually harassing an intern, but U.S. Sen. Claire McCaskill contends the real issue is that little has changed. She was an intern at the Missouri Capitol 41 years ago. “I am bitterly disappointed that the climate has not changed significantly since 1974,” McCaskill said, recalling her own experiences with off-color jokes and unsolicited sexual comments. And she remembers the self-doubt of what she should do. That is why McCaskill is suggesting that a special advocacy organization be set up to simply give interns a non-threatening source to talk to, where they could get constructive information about how to file a formal complaint and even hire a lawyer.
Missouri – Missouri’s ‘Wild West’ Campaign-Finance Rules Are Making Candidates Look Terrible
National Journal – Karyn Bruggeman | Published: 7/23/2015
A handful of states have no limits on who can donate to candidates or how much, but Missouri is the only one with the combination of no limits on campaign donations or lobbyist gifts, and no laws on the books to prevent elected officials from immediately becoming lobbyists after leaving office. For candidates looking to raise money, the laissez-faire approach is a boon. But when it comes time to explain to voters where that cash came from and what it was for, candidates are often left without good answers. That has been particularly true of the start of the state’s 2016 governor’s race.
Nebraska – Number of Groups Hiring Nebraska Lobbyists Reaches New High
Seattle Post-Intelligencer – Grant Schulte (Associated Press) | Published: 7/28/2015
Common Cause Nebraska said the number of groups hiring lobbyists rose to a record 527 this year, from 506 in 2014. The groups spent nearly $14.1 million last year to influence lawmakers, most of which went to lobbyists. The report calls for more specific disclosure requirements, including a breakdown of lobbyist expenses per elected official and creating a separate reporting category for food and beverages. Nebraska should prohibit lobbyists from bundling campaign contributions and ban all in-session fundraisers.
Nevada – Nevada Lobbyists Spend Record Amount on Legislators
Las Vegas Review-Journal – Sandra Chereb | Published: 7/24/2015
Lobbyists in Nevada spent $153,079 to entertain and influence state lawmakers during this year’s legislative session. The record amount is up nearly 26 percent over the $121,594 reported by lobbyists two years ago. Lobbyists are required to report how much they spend on gifts, group events, and entertainment provided to lawmakers for each month of the session. The entertainment category includes cost of meals and beverages when a lobbyist picks up the tab. The cost of group events – receptions, luncheons, dinners, or other events where every legislator is invited – totaled $149,777. Individual entertainment expenses were $2,176.
Ohio – City Council Officials Got Box Seats at Ohio State Game
Columbus Dispatch – Lucas Sullivan | Published: 7/26/2015
Days after John Raphael abstained from voting on a food-and-beverage contract for the Greater Columbus Convention Center because of a conflict-of-interest, he escorted four Columbus City Council members to the Big Ten Conference Championship football game. Raphael said he removed himself from the convention authority’s food-vendor selection process because he represented Centerplate, the company that was then bidding for and now holds the contract, as a statewide lobbyist. Raphael and his relationships with elected officials have come under scrutiny after he was implicated in the bribery scheme involving Redflex, the company that had the contract for red-light cameras in Columbus.
Oregon – Ethics Reforms after Kitzhaber: Going slow means getting it right, Oregon lawmakers argue
Portland Oregonian – Denis Theriault | Published: 7/29/2015
The day before Gov. John Kitzhaber quit amid influence-peddling allegations, Republicans in the Oregon Legislature seized on the scandal to introduce sweeping ethics reforms. They wanted to set strict rules for the governor’s partner, allow lawmakers to impeach statewide officials, and increase access to public records, among other changes. But when lawmakers adjourned in July, none of those ideas had advanced. Only three milder bills drafted by Gov. Kate Brown became law. Some Republicans say Democratic leaders played politics to keep the state’s minority party from scoring points. But other officials, including Brown, say they are intentionally taking it slow, especially in the absence of criminal charges spelling out whether Kitzhaber and former first lady Cylvia Hayes broke any laws.
Pennsylvania – Pa. Congressman Fattah Indicted on Corruption Charges from 2007 Mayor’s Race
Washington Post – Paul Kane and Mike DeBonis | Published: 7/29/2015
U.S. Rep. Chaka Fattah and four associates were indicted on racketeering conspiracy charges, accused of misusing hundreds of thousands of dollars in taxpayer, charity, and campaign funds. Fattah is accused of misusing money from his unsuccessful 2007 bid for mayor of Philadelphia. Prosecutors allege Fattah used federal grants and donations to his educational foundation to pay back part of a campaign supporter’s $1 million loan and helped arrange a $15 million federal grant for a nonexistent nonprofit in lieu of a $130,000 payment to a political consultant after his failed mayoral run.
Texas – Appeals Court Rejects One Count in Perry Indictment
Texas Tribune – Patrick Svitek | Published: 7/24/2015
A state appeals court dropped one of the two felony charges that former Texas Gov. Rick Perry is facing. He was indicted last summer on criminal charges of abuse of power and coercion of a public servant. The case surrounds an episode during which Perry was accused of trying to use his powers as governor to make an elected official step down after being charged with drunken driving. The court dismissed the coercion of a public servant charge against Perry on the grounds that it violates his right to free speech under the First Amendment. He still faces the abuse of official capacity charge, which carries a prison sentence of five to 99 years.
Virginia – Clinton Donors Also Pumped Millions into McAuliffe’s Coffers
Washington Post – Laura Vozzella | Published: 7/29/2015
More than 175 contributors to the Clinton Foundation and to Hillary Clinton’s 2016 presidential campaign have dug deep into their wallets for Virginia Gov. Terry McAuliffe, often giving prolifically despite little or no connection to the state. Of the $60 million that McAuliffe has raised for his two gubernatorial bids, inauguration, PAC, and the Virginia Democratic Party, nearly $18 million has come from contributors to the Clinton Foundation or to Hillary Clinton’s current campaign. The substantial overlap highlights how intimately McAuliffe’s political universe is intertwined with that of Bill and Hillary Clinton, for whom McAuliffe has been a fundraiser and close friend.
Wisconsin – Emails Show Contact between GAB Head and IRS Mostly Personal in Nature
Wisconsin Radio Network – Andrew Beckett | Published: 7/27/2015
An opinion piece in The Wall Street Journal raised the possibility of a coordinated effort by Wisconsin Government Accountability Board Director Kevin Kennedy and former IRS Director of Exempt Organizations Lois Lerner to target conservative political groups for investigation. Wisconsin officials have now released 138 pages of emails between Kennedy and Lerner. Most of the messages discuss dinner and travel plans, or updates about family. A handful of include IRS policy updates or repost articles about campaign finance debates. Lerner also included Kennedy on several lengthy email forwards featuring humorous photo collections about friendship and other jokes.
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.
July 24, 2015 •
News You Can Use Digest – July 24, 2015
Federal: ‘Influencers’ Poll Gives Grades to Lobby Groups The Hill – Megan Wilson | Published: 7/22/2015 The consulting firm APCO Worldwide interviewed 301 people from the public and private sectors, including lobbyists and top aides on Capitol Hill, to find out […]
Federal:
‘Influencers’ Poll Gives Grades to Lobby Groups
The Hill – Megan Wilson | Published: 7/22/2015
The consulting firm APCO Worldwide interviewed 301 people from the public and private sectors, including lobbyists and top aides on Capitol Hill, to find out which trade groups are the most effective at influencing decision-makers. Of the 50 associations evaluated by participants, PhRMA came out on top of seven of the 15 categories – including lobbying, coalition building, social media, having a unified voice, and possessing the ability to work within the legislative, executive, and regulatory arenas. Overall, the financial services industry ranked number one out of the eight sectors listed as part of the survey. “Having a unified voice as an industry and having a positive perception in the media are now considered more important to a trade association’s effectiveness than lobbying or member mobilization,” said Bill Dalbec of APCO.
Rick Perry Finance Chairman Does Super PAC Two-Step
Center for Public Integrity – Carrie Levine | Published: 7/22/2015
Rick Perry’s presidential campaign raised $1.14 million between the former Texas governor’s announcement on June 4 and the end of that month, about one-tenth of what Jeb Bush reported raising in about half that time. But the underwhelming fundraising total is not threatening Kelcy Warren’s job as Perry’s presidential campaign chairperson. Warren is helping the candidate in a major way and is navigating a legal minefield to do it. The billionaire gave $6 million to a coalition of super PACs that are supporting Perry’s bid. Warren’s contribution illustrates how closely some presidential campaigns and advisers are working with the theoretically independent groups that exist to promote their candidate of choice.
Seeing Crowd, G.O.P. Donors Holding Back
New York Times – Nicholas Confessore and Sarah Cohen | Published: 7/18/2015
Only about a fifth of the 1,000 or so fundraisers and their spouses who rallied around Mitt Romney in 2012 have given money to any of the 2016 Republican presidential candidates. Those who remain uncommitted – hundreds of volunteer bundlers who could collect contributions from their friends and business associates – represent a huge pool of untapped campaign cash, potentially hundreds of millions of dollars that could remake the primary campaign. Some of the bundlers and donors said they had held back, in part, because the field was the strongest they had seen in years, with several viable contenders representing the party’s different generational and ideological segments.
Who Advises Candidate Trump? (Hint: His Name Is Donald)
New York Times – Maggie Haberman and Michael Barbaro | Published: 7/20/2015
At a candidate forum in Iowa, Donald Trump said U.S. Sen. John McCain “is not a war hero” because he was captured. It was an improvised fit of pique, denounced by his rivals, which exposed the biggest vulnerability of Trump’s campaign for president: it is built entirely around the instincts and grievances of its unpredictable candidate, and does not rely on a conventional political operation that protects presidential hopefuls from themselves. Even as Trump insisted no one was troubled by his comments, his small group of aides emailed one another about how to respond to the growing criticism. If nothing else, the incident reaffirmed that Trump is running a presidential campaign on his own unique terms.
From the States and Municipalities:
California – Cleaning Up Politics or ‘Vindictive’ Nosy Neighbor? Shirley Grindle Is Making Last Stand as a Watchdog
Orange County Register – Martin Wisckol | Published: 7/19/2015
There are plenty of people who wish 80-year-old Shirley Grindle, Orange County’s best-known government watchdog, would just go away. “The community would be better off if Shirley Grindle focused her attention on 53 cats,” said Susan Kang Schroeder, chief of staff for District Attorney Tony Rackauckas. But Grindle is gearing up for one final battle, a 2016 ballot measure establishing an ethics commission that would keep officials looking over their shoulders long after she is gone.
California – Lobbyist Fee Set to Increase
San Diego Union-Tribune – David Garrick | Published: 7/17/2015
The annual lobbyist registration fee in San Diego would climb from $40 to $150 under a proposal approved by a city council committee. Annual registration fees paid by clients who hire lobbyists would double, from $15 to $30. City Clerk Elizabeth Maland said the increase is warranted based on the time and effort her office spends tracking and analyzing the work of lobbyists, which includes traditional lobbying, campaign activity, and fundraising efforts. The hike, which would take effect in January, still must be approved by the full council, probably in September.
Delaware – Delaware Wins Appeal, Can Enforce Law on Election Ads
Reuters – Jonathan Stempel | Published: 7/16/2015
A Delaware law requiring advocacy groups to disclose the donors behind political advertisements was deemed constitutional by a panel of three judges of the Third U.S. Circuit Court of Appeals. Delaware Strong Families contended that forcing it to comply with the law would improperly damage the organization’s right to free speech. The act requires third-party groups and individuals to disclose their donors if they publish advertisements or other communications that refer to a candidate in an upcoming election. Previously, only groups that directly advocated for or against a candidate were required to disclose their donors.
Illinois – Court Overturns Some Blagojevich Senate-Seat Convictions
ABC News – Michael Tarm (Associated Press) | Published: 7/21/2015
An appeals court overturned four of Rod Blagojevich’s corruption convictions, a ruling that may not result in less prison time for the former Illinois governor. He was convicted in 2011 on 18 counts, including trying to sell the U.S. Senate seat of President Barack Obama, and was sentenced to 14 years in prison. Judges with the Seventh U.S. Circuit Court of Appeals overturned four of those convictions, saying Blagojevich’s attempt to appoint Valerie Jarrett to the Senate seat in exchange for a position on Obama’s cabinet was “a common exercise in logrolling.” The judges said trading one official act for another is unlike trading official acts for a private benefit and cannot be considered bribery or extortion.
Kansas – Brownback Campaign Sought Cash from Westar Official amid Ongoing Rate Case
Topeka Capital-Journal – Jonathan Shorman | Published: 7/20/2015
Documents show a campaign operative for Kansas Gov. Sam Brownback contacted Mark Schreiber, a government affairs vice president at Westar Energy, seeking help retiring debt left over from the governor’s re-election campaign last year. The contact with Schreiber took place amid the company’s request to the Kansas Corporation Commission for hike rates to pay for environmental upgrades, repairs at the company’s nuclear plant, and efforts to reduce storm-related outages.
Missouri – Missouri Capitol Intern Says She Declined Sexual Advances
St. Louis Post-Dispatch – Alex Stuckey | Published: 7/23/2015
A Missouri Senate report details an intern’s claims that state Sen. Paul LeVota harassed her, asked her explicitly for sex, and retaliated when she refused. LeVota denied the account and said he never acted inappropriately with her or other interns. The investigation came after two University of Central Missouri students abruptly left an internship with LeVota partway through the last legislative session, which ended in May. That same day, former House Speaker John Diehl resigned after admitting to exchanging sexually suggestive text messages with a Capitol intern.
New York – Dean Skelos and His Son Face New Bribery Charges
New York Times – Susanne Craig | Published: 7/21/2015
Former New York Senate Majority Leader Dean Skelos and his son, Adam, were arrested in May on charges the Republican lawmaker performed legislative favors for companies with business before the state in an attempt to enrich his son. A superseding indictment adds two new charges of extortion and solicitation of bribes related to Adam Skelos’ employment by a medical malpractice insurance company, allegedly at the request of his father. The new indictment says Adam Skelos allegedly threatened to “smash in” the head of a supervisor who failed to grasp that he was a no-show employee.
New York – New York Ethics Panel Chief Taking State Tax Job
Albany Times Union – Casey Seiler | Published: 7/21/2015
New York Joint Commission on Public Ethics Executive Director Letizia Tagliafierro is resigning to take a new job as deputy commissioner at the state Department of Taxation and Finance, where she will lead the criminal investigations division. The ethics commission, scheduled to meet August 4, are expected to mount a national search for a new executive director. The change comes as the commission prepares to take on expanded duties as a result of the ethics changes included in this spring’s state budget agreement. Under the new rules, groups spending over $5,000 lobbying municipalities with populations of more than 5,000 must register that activity; the cutoff had been populations of 50,000 or more.
New York – Thomas Libous, New York State Senator, Is Convicted of Lying to F.B.I.
New York Times – Thomas Kaplan | Published: 7/22/2015
Thomas Libous, deputy majority leader of the New York Senate, was convicted of lying to federal agents, becoming the latest lawmaker to lose his seat amid a criminal investigation. The conviction triggers his automatic expulsion from the Legislature, where he has served since 1989. He was charged last year with lying to FBI agents who came to his Albany office to ask about his alleged efforts to get his son a job at a politically connected law firm. The trial offered a glimpse of the close dealings between legislators and the lobbyists seeking to influence them.
Vermont – Shumlin Backs Independent Ethics Commission
VTDigger.org – Erin Mansfield | Published: 7/23/2015
Amid conflict-of-interest allegations among Vermont public officials, Gov. Peter Shumlin said he supports the creation of a state ethics commission. Secretary of State Jim Condos is already drafting legislation that would create an independent panel to oversee the executive and legislative branches. “This is not about any individual person; this was always a bigger picture item about how we could improve the trust that Vermonters deserve to have about their government,” said Condos.
Washington – Seattle’s Richest, Whitest Areas Dominate Campaign Giving, Say Reform
Seattle Times – Daniel Beekman | Published: 7/21/2015
The Sightline Institute mapped contributions to candidates for mayor, city council, and city attorney in Seattle for the 2013 election and found a small number of donors from certain neighborhoods dominate the giving. Roughly half the money came from 1,683 donors, or 0.3 percent of the city’s adults. The institute is supporting Honest Elections Seattle, an initiative that that will be on the November ballot. It would lower the contribution limit, ban donations to candidates from entities with city contracts of $250,000 or more and from people spending at least $5,000 to lobby the city. The measure would also establish a public campaign finance system for Seattle.
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.
July 17, 2015 •
News You Can Use Digest – July 17, 2015
Federal: A Year after Rocky Merger, Patton Boggs Aims to Re-Establish K Street Dominance Washington Post – Catherine Ho | Published: 7/13/2015 For decades, the name Patton Boggs was synonymous with K Street lobbying shops. But in 2014, the once dominant […]
Federal:
A Year after Rocky Merger, Patton Boggs Aims to Re-Establish K Street Dominance
Washington Post – Catherine Ho | Published: 7/13/2015
For decades, the name Patton Boggs was synonymous with K Street lobbying shops. But in 2014, the once dominant firm was acquired by Squire Sanders. Now, after a year of challenges – including the death of the firm’s renowned leader, Thomas Boggs, Jr., who helped define the modern-day lobbying industry – Patton Boggs is looking to re-establish itself with new leadership. That rebuilding is being led by Senate veterans Trent Lott and John Breaux.
From the States and Municipalities:
California – Director Concerned over Ethics Pick
San Diego Union-Tribune – Greg Moran | Published: 7/15/2015
Attorney Robert Ottilie was nominated for a seat on the San Diego Ethics Commission. In response, longtime commission Executive Director Stacey Fulhorst said she would resign her post if Ottilie is selected, adding that staff members and possibly other commissioners would also leave. She said Ottilie, who has represented city council members and campaign committees in front of the commission, is a “uniquely disruptive individual” whose presence on the panel would undercut its mission of enforcing campaign finance and ethics rules.
Colorado – Colorado Lobbying Income Likely to Set a Record This Year
Colorado Watchdog – Arthur Kane | Published: 7/15/2015
Lobbyists in Colorado are likely to make as much as $40 million in 2015, which would be a new record. Lobbyists have gone from making about $5.5 million in 1995 to nearly eight times as much with some years showing double-digit increases over the previous year, show disclosure filings. Colorado State University political science professor John Straayer said the state used to have individual lobbyists, but recently they have formed into organized corporations that provide lobbying, political fundraising, public relations, and other services. “They’re full-service operations,” said Straayer.
Colorado – The Colorado Soap Opera That Could Be a Major 2016 Headache for the GOP
Washington Post – Ben Terris | Published: 7/15/2015
In Colorado, allegations of an extramarital affair involving state Republican Party Chairperson Steve House have elevated a seemingly mundane political power struggle into a statewide soap opera that has left the GOP in disarray, a situation that could have national implications as one of the most unpredictable swing states prepares for the 2016 presidential race. If House, who denied the affair allegations, has been bruised, so too has state Attorney General Julie Coffman. The wife of U.S. Rep. Mike Coffman (R-Colo.), she had been widely viewed as a likely contender for governor in 2018. Now commentators across Colorado are wondering aloud if the attorney general committed blackmail.
Georgia – Gift Rules for State Employees Mostly Ignored, Observers Say
Savannah Morning News – Walter Jones (Morris News Service) | Published: 7/11/2015
Georgia Gov. Nathan Deal issued an executive order the day he was sworn into office prohibiting state employees or their families from accepting anything of value worth more than $25 from lobbyists or vendors. Existing state law requires anyone doing business with city, county, or state government that spends more than $250 in a year on gifts to file an annual report. Of the thousands of companies providing services to government agencies, only about two-dozen filed a gift report for 2014 activity. Some say the information reported by the few companies that do file raises questions about the exploitation of the law.
Louisiana – Ethics Report on New Orleans: Lots of progress since Katrina, but long way to go
New Orleans Times-Picayune – Richard Rainey | Published: 7/9/2015
Recovery from Hurricane spurred New Orleans to establish the Office of Inspector General, the Office of the Independent Police Monitor, and the Ethics Review Board, each watchdogs focused on rooting out corruption, wasteful spending, and generally bad behavior among the city’s elected officials and public employees. New Orleans voters approved their creation in 1995, but it took disaster in 2005 to spark some follow-through. But for one longtime ethics reform champion, that spark has not ignited enough improvement. David Marcello, executive director of the Public Law Center at Tulane University, praised the work of the inspector general and the police monitor, but came down hard on the ethics board in a new report.
New York – Bipartisan Group Sues to Close New York’s Corporate Donation Loophole
New York Times – Jesse McKinley | Published: 7/14/2015
A coalition of good-government advocates and state lawmakers has filed a lawsuit challenging New York’s so-called LLC loophole, which allows political donors to flout contribution limits by opening multiple limited liability companies. The lawsuit challenges the state Board of Elections deadlock in April when it was petitioned to reconsider how LLCs are viewed by the board, which counts each LLC as an individual. That allows each LLC to give up to $60,800 to a statewide candidate per election cycle. Critics contend the loophole allows donors, like real estate developers, to use multiple LLCs to make huge contributions to candidates.
North Carolina – Elections Board Finds No Violations in Sweepstakes Campaign Donations
Raleigh News & Observer – Craig Jarvis | Published: 7/15/2015
An investigation into more than $270,000 in questionable donations to the campaigns of top North Carolina officials from Chase Burns, an Internet sweepstakes magnate, has found no violations of state campaign finance law. Burns and his wife were among the top donors to North Carolina candidates in 2012, as the industry was lobbying lawmakers to overturn the state’s ban on the games. A watchdog group filed a complaint alleging Burns violated state laws against using corporate money for donations. Members of the elections board expressed frustration with ambiguities in North Carolina’s campaign finance laws.
North Carolina – NC Election Board Member’s Firm Worked for Target of Probe
WRAL – Michael Biesecker and Mitch Weiss (Associated Press) | Published: 7/10/2015
Paul Foley, a member of the North Carolina Board of Elections, demanded regular updates about an investigation into donations to the campaigns of Gov. Pat McCrory and dozens of other elected officials. Foley failed to disclose that his law firm had represented the target of the investigation, sweepstakes executive Chase Burns. Despite a law that demands officials remove themselves from proceedings if they have a financial relationship with a participant, Foley did not step aside for nearly a year-and-a-half, until State Elections Director Kim Strach learned of nearly $1.3 million in prior payments from Burns’ company to Foley’s law firm.
Oklahoma – Oklahoma Lobbying Disclosures Lag Behind Other States
Oklahoma Watchdog – Arthur Kane | Published: 7/9/2015
Important information about lobbying activity is not required in Oklahoma when most other states have adopted rules or laws mandating the disclosures. Unlike most states, Oklahoma does not require lobbyists to disclose what legislation they are supporting or opposing. The rules also do not require lobbyists to report how much they received from the organizations and businesses that hired them, a practice required by at least 14 other states.
Pennsylvania – Ex-Mayor of Pennsylvania’s Capital Charged with Corruption
Albany Times Union – Marc Levy and Mark Scolforo (Associated Press) | Published: 7/15/2015
Former Harrisburg Mayor Stephen Reed, who ended his 28-year tenure in 2010 with the city near financial ruin, was arrested and faces 499 criminal counts for theft, bribery, evidence tampering, and other charges. Reed and unnamed associates issued municipal bonds for legitimate purposes but allegedly used some of the proceeds to buy a bizarre list of artifacts for what Reed claimed was a plan to open a museum. The purchases included a life-size sarcophagus, a suit of armor, a “vampire hunter’s set,” and a $14,900 playbill from Ford’s Theatre on the night of the Lincoln assassination. Pennsylvania Attorney General Kathleen Kane said investigators are looking into allegations of misconduct by others, and she expects more charges to be filed.
Virginia – Plastic Tumblers, a Night at Dad’s House Top Gifts in Post-McDonnell Richmond
Washington Post – Laura Vozzella | Published: 7/13/2015
After Virginia Gov. Robert McDonnell was convicted on corruption charges, political gift-giving in the state has become such a modest and open affair that Matthew Ogburn would not spend the night in his boyhood bedroom without erring on the side of caution by making a public disclosure. Ogburn is a legislative assistant to a state senator and the son of David Ogburn, Jr., a Verizon lobbyist who lives in the Richmond suburbs. Lobbyists do not have to disclose gifts they make to their dependent children, but since Matthew Ogburn is 24 and living on his own, his father reports every time he comes for a visit.
Washington – Taxpayer Financed Campaign Proposal, with ‘Democracy Vouchers,’ Wins a Place Seattle’s Fall Ballot
Seattle Post-Intelligencer – Joel Connelly | Published: 7/13/2015
An initiative that qualified for the ballot would impose a property tax levy that would pay for publicly financed elections in Seattle. Initiative 122 would ban contributions from corporations with medium-sized and large city contracts, as well as corporations that spend money lobbying the city. It would also lower the donation limit for city races, and boost fines and penalties for election law violations.
Wisconsin – Vos: Time to ‘double down’ on GAB reform in wake of reported IRS links
Wisconsin Watchdog – M.D. Kittle | Published: 7/10/2015
Key legislative Republicans renewed their call to reform the Wisconsin Government Accountability Board (GAB) after The Wall Street Journal reported the agency and the IRS may have shared information about the state’s so-called John Doe investigation, the secret probe that targeted dozens of conservative groups and the campaign of Gov. Scott Walker. The newspaper ran an editorial noting GAB Director Kevin Kennedy has had a professional relationship for 20 years with Lois Lerner, the former IRS official who was involved in reviewing the tax exempt status of conservative political organizations. Kennedy knows Lerner from their involvement over the years with the Council on Governmental Ethics Laws.
Wisconsin – Wisconsin Supreme Court Ends John Doe Probe into Scott Walker’s Campaign
Milwaukee Journal Sentinel – Patrick Marley | Published: 7/16/2015
The Wisconsin Supreme Court ruled that a criminal investigation into coordination between conservative groups and Gov. Scott Walker’s 2012 campaign cannot continue. The decision ends the specter of an inquiry as Walker pursues the Republican nomination for president. The investigation began after the governor survived a recall election brought by voters who opposed limits he made to collective bargaining rights and union power. The probe looked at whether Walker’s advisers directed interactions with at least a dozen outside conservative groups, and whether that violated disclosure rules and donation limits.
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.
July 10, 2015 •
News You Can Use Digest – July 10, 2015
National: Is This Cold, Rural State Home to the Nation’s Healthiest Democracy? Washington Post – Niraj Chokshi | Published: 7/7/2015 After taking 22 factors into account – including broad access to voting, equal representation in state government, and a limited concentration […]
National:
Is This Cold, Rural State Home to the Nation’s Healthiest Democracy?
Washington Post – Niraj Chokshi | Published: 7/7/2015
After taking 22 factors into account – including broad access to voting, equal representation in state government, and a limited concentration of influence over the political system – Maine’s democracy ranks healthiest in the nation, according to the Center for American Progress Action Fund. Alabama’s was weakest, though all states are far from perfect. “One of the messages throughout this report is that every state has room to improve,” said Lauren Harmon, the report’s author. The study noted that restricting influence over the political system is a particularly weak area. A dozen states have no limits on campaign contributions. Just 15 states offer public campaign financing, while 37 require some waiting period between leaving office and taking a lobbying job.
The Most Liberal and Conservative CEOs
Yahoo Finance – Rick Newman | Published: 7/8/2015
Many chief executive officers of major corporations donate money across the political spectrum for pragmatic business reasons rather than personal ideological ones. Crowdpac analyzed campaign contributions from CEOs of the 100 largest public U.S. companies to find out just how liberal or conservative these executives really are.
Washington Gridlock Drives Lobby Shops to Focus on State Policy Battles
Washington Post – Catherine Ho | Published: 7/7/2015
As getting anything done in Washington, D.C. has become increasingly difficult, K Street-based lobbying firms are trying their luck representing clients seeking changes on a state rather than federal level. The idea of pivoting to capture state-level work is not new. But some lobbyists say it is taking on increased importance now that policy fights over some of the biggest issues are moving more quickly at the local level.
Federal:
Court Upholds Ban on Contractor Political Contributions
New York Times; Associated Press – | Published: 7/7/2015
A federal court upheld a longstanding prohibition on contractors making political contributions, handing a rare win to proponents of stronger campaign finance restrictions. The ban applies to individuals, corporations, and firms that are negotiating or working under federal contracts. While doing do, they cannot give money to federal candidates, parties, or committees. Chief Judge Merrick Garland of the U.S. Court of Appeals for the District of Columbia Circuit said recent corruption scandals involving members of Congress point to the continuing danger of “quid pro quo” corruption. He agreed with the FEC that the law protects the integrity of merit-based government contracting.
GOP Leaders Fear Damage to Party’s Image as Donald Trump Doubles Down
Washington Post – Karen Tumulty, Philip Rucker, and Robert Costa | Published: 7/8/2015
Republican National Committee Chairperson Reince Priebus, faced with growing pressure from inside the party to quiet Donald Trump, called the provocative presidential candidate recently and asked him to speak in more measured tones. Days of round-the-clock cable news coverage of Trump’s incendiary claims about criminals coming across the border from Mexico forced Priebus to show alarmed Republicans that he was taking action. But the call also highlighted the limits of what could be done to rein in Trump.
Here Are the Secret Ways Super PACs and Campaigns Can Work Together
Washington Post – Matea Gold | Published: 7/6/2015
For the first time, nearly every top presidential hopeful has a personalized super PAC that can raise unlimited sums and is run by close associates or former aides. The widespread cooperation, which many campaign finance experts say stretches the legal boundaries, indicates that candidates and their advisers have little fear they will face serious scrutiny from law enforcement, despite the Justice Department’s successful prosecution this year of a campaign operative for illegal coordination. One main reason is that under FEC rules, there is no wall dividing candidates and independent groups. In practice, it is more like a one-way mirror, with a telephone on each side for occasional calls.
I.R.S. Expected to Stand Aside as Nonprofits Increase Role in 2016 Race
New York Times – Eric Lichtblau | Published: 7/5/2015
Regulators at the IRS appear certain to delay trying to curb campaign finance abuses at nonprofits until after the 2016 election. Agency officials concede the rules for nonprofit groups are vague and difficult to enforce. Audits for excessive campaign work are extremely rare, even for groups spending huge chunks of their budgets to support candidates. The IRS remains wounded by the scandal that began two years ago over its scrutiny of nonprofits tied to the tea party and other political causes, both conservative and liberal. “It’s anything goes for the next couple of years …,” said Paul Streckfus, a former nonprofit specialist at the IRS.
From the States and Municipalities:
California – Aide to California Senate Leader Accepted Pot Gifts from Marijuana Lobbyist
BuzzFeed News – Amanda Lewis | Published: 7/8/2015
Ethics experts said a California Democratic Party staffer did not violate disclosure laws by accepting edible marijuana and an e-cigarette filled with hash oil from a lobbyist for the marijuana industry. The aide, Josh Drayton, works for the party’s Senate Democrats on political campaigns. BuzzFeed News reported that after accepting the gifts, Drayton said Senate President Pro Tem Kevin de Leon needed to learn more about marijuana. Lawmakers and employees of the Senate are subject to gift reporting and limits. Drayton, however, is exempt because he is not employed by the Senate but by the party, said Gary Winuk, a former enforcement chief at the Fair Political Practices Commission.
Hawaii – How Hawaii Lawmakers Spend Up to $13,000 a Year – Each
Honolulu Civil Beat – Nathan Eagle | Published: 7/8/2015
Many Hawaii lawmakers have been less than thrilled with state Ethics Commission Executive Director Les Kondo’s strict opinions on what gifts they are allowed to accept from lobbyists, or what events they can attend with complimentary tickets. Legislative allowances have been another sore point. But a review of nearly $4 million in state lawmakers’ expenses over the past four years shows they are changing their habits based on the commission’s advice even if they do not like it, including not billing taxpayers for their dry cleaning or charitable donations.
Missouri – More Questions than Answers in Intern Investigation at Mo. Capitol
St. Louis Post-Dispatch – Alex Stuckey | Published: 7/6/2015
In March, two interns abruptly left Missouri Sen. Paul LeVota’s office. But since then, the University of Central Missouri launched a Title IX investigation and the Senate began its own investigation and hired an attorney to assist with a “workplace harassment complaint.” Meanwhile, it appears unlikely the university, or even the Senate, could inflict punishment if wrongdoing has taken place. History has shown that harassment in the Capitol is rarely reported and difficult to prove.
New Hampshire – New Hampshire Voters Bemoan Size of G.O.P. Field
New York Times – Patrick Healy and Maggie Haberman | Published: 7/4/2015
The likely field of 16 Republican candidates is stirring frustration in New Hampshire, particularly among voters who say they feel more overwhelmed, even ambivalent, than ever before about their long-cherished responsibilities in holding the nation’s first primary. Some voters said they were already dreading the weeks of political fliers stuffed in their mailboxes, of campaign volunteers at their doors during the day, and of television ads and automated phone calls all through the night. Others said they already had candidate fatigue.
Oklahoma – Ethics Commission to Crack Down on Late Campaign Filers
Tulsa World – Curtis Killman | Published: 7/3/2015
The Oklahoma Ethics Commission approved a series of new and increased fees designed to help the agency go after late filers. The new fees, coupled with a boost in state funding, should provide enough revenue to permit the agency to hire two new staff members dedicated to compliance, said commission Executive Director Lee Slater. The new staff will assist with the collection of late filing fees assessed to candidate committees, PACs, and other entities charged with disclosing campaign finance activities.
Oklahoma – House Freshmen, Senate Leadership Accept Thousands in Lobbyist Meals, Gifts
Oklahoma Watchdogs – Arthur Kane | Published: 7/8/2015
Lobbyists in Oklahoma lobbyists spent more than $300,000 this year on meals, gifts, and receptions for state lawmakers. Lobbyists spent the most on mass events for large groups of legislators. Those parties and caucus meals cost nearly $170,000. Rep. Casey Murdock received nearly $2,900 in meals and gifts, the most of any member of the Legislature. Murdock said being courted by lobbyists is not as glamorous as some may assume. “I’m looking forward to next year when I won’t be a freshman and won’t have to go to many dinners,” Murdock said. “It gets old. Often you’re not the least bit interested in what they’re selling and you’re going through the motions.”
South Carolina – South Carolina House Votes to Remove Confederate Flag from Statehouse Grounds
Washington Post – Elahe Izade and Abby Phillip | Published: 7/9/2015
The Confederate battle flag that has flown at the South Carolina Statehouse for more than 50 years will soon be gone after lawmakers capped a tension-filled session and voted to remove it from the Capitol grounds. The final vote in the House of Representatives was well above the two-thirds majority that was required to move the bill toward the desk of Gov. Nikki Haley, who called for the flag to come down after the massacre at the Emanuel African Methodist Episcopal Church in Charleston. Photographs emerged of the now-indicted shooter, an avowed white supremacist, posing with the emblem. Advocates for the flag’s removal say it represents a racist legacy and a dark chapter in the nation’s history, while defenders insist it symbolizes Southern heritage and honors fallen soldiers.
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.
June 26, 2015 •
News You Can Use Digest – June 26, 2015
National: Calls to Drop Confederate Emblems Spread Nationwide New York Times – Campbell Robertson, Monica Davey, and Julie Bosman | Published: 6/23/2015 After decades of bitter debate over whether the Confederate battle flag is a proud symbol of regional heritage or […]
National:
Calls to Drop Confederate Emblems Spread Nationwide
New York Times – Campbell Robertson, Monica Davey, and Julie Bosman | Published: 6/23/2015
After decades of bitter debate over whether the Confederate battle flag is a proud symbol of regional heritage or a shameful emblem of the nation’s most grievous sins, the argument may finally be moving toward an end. South Carolina is leading the way for other states as it considers removing the flag from its Capitol grounds after nine parishioners were shot to death in a black church in Charleston. Photographs that have since surfaced of the accused killer, Dylann Roof, show him posing with the Confederate flag. The banner was long considered politically sacrosanct in the South, at least among conservative whites. It now appears that a rush is on to banish it, along with other images that evoke the Confederacy and sow racial divisiveness.
Can Unlimited Contributions to Political Parties Really Reduce Polarization?
Washington Post – Lee Drutman | Published: 6/23/2015
Ideological polarization has many causes, most of which cannot be altered. But over the past few years, a growing crowd of scholars has explored the possibility that stronger parties could reduce the division. Because different states have different rules on how much money parties can raise, the proposition that making it easier for parties to raise more money reduces polarization can be empirically tested.
Federal:
Lobbyists: Easy target, easy touch
Politico – Tarini Parti | Published: 6/21/2015
In his speech announcing his intention to run for president, Jeb Bush singled out the lobbying industry for criticism, saying, “We will also challenge the culture that has made lobbying the premier growth industry in the nation’s capital – the rest of the country struggles under big government, while comfortable, complacent interest groups in Washington have been thriving on it.” Bush is not alone in calling out the industry. As presidential candidates look to portray themselves as Washington outsiders, lobbyists have emerged as a common, easy target. But lobbying firms still rank high on the list of fundraising stops for presidential hopefuls.
From the States and Municipalities:
Arkansas – Ethics Panel Issues Opinion on Lobbyist Gifts
Arkansas News – John Lyon | Published: 6/19/2015
The Arkansas Ethics Commission issued an advisory opinion stating that state agency directors, agency deputy directors, agency employees, and most local elected officials and their staffs and the staff members of constitutional officers are not barred from accepting gifts from lobbyists under Amendment 94. Gifts that fall outside of the scope of the amendment would still be subject to analysis, the commission said in the opinion, noting the law excludes gifts with a value of $100 or less.
California – Lawmakers’ Calendars List Meetings with Undercover Agents
San Diego Union Tribune – Judy Lin (Associated Press) | Published: 6/23/2015
Providing a rare glimpse at politicians’ lives outside the Capitol, the California Senate released about 300 pages from the calendars of former Sens. Ron Calderon and Leland Yee, who have been indicted on separate corruption charges. The appointment books appear to corroborate allegations that they met with undercover FBI agents at steakhouses and a lobbyist’s office. A judge found in the first ruling of its kind in California that the public’s interest outweighed the Senate’s interest in keeping the records private after news organizations sued to get the lawmakers’ records.
Florida – How Some of Florida’s Top Lobbyists Produce Blockbuster Budget Results
SaintPetersBlog – Peter Schorsch | Published: 6/16/2015
Speculation is part of the budget-making process in Florida as lobbyists and advocates seek funding for projects and programs. Then desperation hangs in the air during the final week of a 60-day session while they wait to see whether a year’s worth of work will result in a line item in the $77 billion state budget. “It’s a different type of animal than any other part of the legislative session, for sure,” said lobbyist Travis Blanton. “You can’t ever relax or take time off with the budget. You’ve got to play through the whole process [because] you don’t know until the moment when they hit the print button that you are in the budget or not.”
Idaho – Lobbying at the Capitol: Should Idaho state employees have to register under the law?
Idaho Statesman – Bill Dentzer | Published: 6/19/2015
State employees who lobby the Idaho Legislature or government officials as part of their jobs – for example, the lobbyists for the state’s universities – always used to register and disclose their spending. But after an attorney general’s opinion found they did not need to, the university lobbyists and other state workers whose jobs entail lobbying stopped filing. Now, Idaho Secretary of State Lawerence Denney wants to propose legislation to make them register and disclose again. He also obtained a new opinion stating that gifts to lawmakers or executive branch officials must be disclosed, even if they come from state employees in the course of doing their jobs.
Kentucky – Florida Group Challenges Kentucky Law That Bans Corporations from Making Political Contributions
Lexington Herald-Leader – Jack Brammer | Published: 6/18/2015
Kentucky’s ban on corporate contributions to political parties and state and local candidates was challenged in a federal lawsuit filed by a group promoting a right-to-work agenda opposed by organized labor. The Florida-based group, Protect My Check Inc., claims the prohibition violates equal protection and free-speech rights. It said the ban is discriminatory because unions and limited liability companies are allowed to donate to candidates and political parties in Kentucky.
Missouri – Police Report Reveals Past Diehl Affair with Nixon Staffer
St. Louis Post-Dispatch – Virginia Young | Published: 6/19/2015
Former Missouri House Speaker John Diehl, who resigned after exchanging sexually suggestive text messages with a Capitol intern, also had affair with a former aide to Gov. Jay Nixon. While announcing his resignation, Diehl said he had not had any other inappropriate relationships with other women. But a Jefferson City police report notes Diehl and former Nixon aide Brittany Burke acknowledged to police they had an affair last year. At the time, Burke was lobbying the Legislature for the administration.
New Mexico – Transparency-Pushing Nonprofit Discloses Donors
NMPolitics – Heath Haussamen | Published: 6/19/2015
The IRS does not require most nonprofits to disclose their donors publicly even if they engage in lobbying or issue advocacy. But Common Cause’s national policy requires that it release information about donors of $250 or more when requested, which is how NMPolitics.net obtained the list of New Mexico donors. Common Cause New Mexico Executive Director Viki Harrison said her organization believes “it is very important to have full transparency in any efforts to influence policy.” She said she hopes additional nonprofit groups will voluntarily disclose their funding, “just like we hope elected officials, parties, lobbyists, and PACs go above and beyond what is simply the law when they disclose information.”
Ohio – Former Traffic Camera Exec Admits to Bribing Officials in Columbus, Cincinnati
Cleveland Plain Dealer – Jeremy Pelzer (Northeast Ohio Media Group) | Published: 6/19/2015
Karen Finley, a former chief executive officer of Redflex Traffic Systems, pleaded guilty to bribery in an eight-year scheme involving elected city officials from both Cincinnati and Columbus to win or keep traffic-camera contracts. Court records show campaign contributions were funneled to the officials through a political consultant, and the money intended for Columbus officials was given to the Franklin County Democratic Party and Ohio Democratic Party, according to the plea agreement. Finley left the company in 2013 following a similar scandal in Chicago.
Oregon – Cannabis Industry Flexes Its New Political Muscle
Oregon Public Broadcasting – Conrad Wilson | Published: 6/21/2015
The 300 attendees at a recent fundraiser in Portland for U.S. Rep. Earl Blumenauer represented a newly energized group – members of the cannabis industry, now in an era where their product is legal for recreational use in Oregon. The Oregon Cannabis PAC hosted the event, which raised $100,000. Its leaders say that is the largest sum ever contributed by the industry to a politician during a single event. As the marijuana industry grows around the county, its political clout is growing, too. For members of Congress who are constantly fundraising, the industry offers new, high-yield donors. But it also raises questions about where the money came from and what those donors expect in return.
Oregon – Kate Brown Gets Her Wish: Last of her ethics reforms win approval
Portland Oregonian – Denis Theriault | Published: 6/18/2015
Oregon lawmakers approved the last of Gov. Kate Brown’s ethics reform bills. House Bill 2019 speeds up investigations by the state Government Ethics Commission and sharply limits the governor’s role in appointing its members. House Bill 2020 affirms that the governor’s partner is subject to state ethics rules and bans statewide officers from accepting speaking fees. Both join Senate Bill 9, which Brown has signed. It orders an audit of state agencies’ handling of public records, with its findings expected to serve as the basis of reforms as soon as next year.
Texas – Abbott Vetoes Spousal Loophole
Texas Tribune – Jay Root | Published: 6/20/2015
Texas Gov. Greg Abbott vetoed two ethics reform bills that would have given lawmakers cover to hide their spouses’ financial dealings. The vetoes capped Abbott’s inability in his first year to strengthen ethics laws as promised. He even named it one of five legislative priorities. Lawmakers fought for months over allowing more transparency about their personal wealth and curbing conflicts-of-interest. Although the vetoed bills would have tightened some disclosure rules, even ethics watchdogs considered what became known as the “spousal loophole” amendment far too toxic.
Washington – Vaping Giveaways Raise Eyebrows at State Capitol
The Olympian – Melissa Santos (Tacoma News Tribune) | Published: 6/24/2015
In a contest promoted by a group that supports stores that sell electronic cigarettes, customers who emailed Washington legislators to oppose new taxes on vapor products were entered into a drawing for prizes. Other shops told customers that if they emailed or called their lawmakers from inside a participating store, they would get a discount on their purchases. It is an unusual type of lobbying that has frustrated some state lawmakers who are looking to regulate the vaping industry. A spokesperson for state Public Disclosure Commission said providing discounts or giveaways in exchange for people contacting their lawmakers is not against the law, it is just something the agency has not seen before.
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.
June 19, 2015 •
News You Can Use Digest – June 19, 2015
Federal: Jeb Bush Announces Presidential Bid: ‘We will take command of our future once again’ Washington Post – Ed O’Keefe | Published: 6/15/2015 Jeb Bush announced he is running for president, promising to remove Washington as an obstacle to effective government […]
Federal:
Jeb Bush Announces Presidential Bid: ‘We will take command of our future once again’
Washington Post – Ed O’Keefe | Published: 6/15/2015
Jeb Bush announced he is running for president, promising to remove Washington as an obstacle to effective government and economic prosperity. Bush is declaring his White House ambitions nearly 27 years after his father was elected president, molding a political dynasty that would propel one son into a governor’s office and another into the White House. But Bush will enter a presidential contest that is unlike any faced by his father, who won the office in 1988, or his brother, who claimed it in 2000.
Neil Young Message to Donald Trump: Stop rockin’
Christian Science Monitor – Jessica Mendoza | Published: 6/17/2015
Donald Trump announced his presidential candidacy to the sound of Neil Young’s “Rockin’ in the Free World,” but Trump did not have permission to use the song, said Elliot Roberts, Young’s manager. The incident makes the real estate developer the latest candidate to butt heads with a musician about song copyright in a campaign. A spokesperson said Trump, a fan of Young’s music despite their differing views, used the song legally through a licensing deal with the American Society of Composers, Authors, and Publishers. But even when a campaign does get copyright permission, artists can still object to the use of their music under other laws that protect their brand or image, or ban implications of endorsement.
Republican Operative Sentenced to 2 Years in Landmark Election Case
Washington Post – Matt Zapotosky and Matea Gold | Published: 6/12/2015
A Republican political operative was sentenced to two years in prison after becoming the first person convicted of illegally coordinating campaign donations between a super PAC and a congressional campaign. Tyler Harber said he knew what he was doing was wrong, but he did it anyway because of his desire to win elections and his belief that the law banning such coordination is routinely ignored. “This shows [the U.S. Justice Department is] willing to venture into areas of criminal enforcement in the 2016 election, beyond what they had done previously,” said Kenneth Gross, a former associate general counsel at the FEC.
Russ Feingold’s PAC Funded Fees, Salaries for Former Staffers, Himself
Milwaukee Journal-Sentinel – Daniel Bice | Published: 6/15/2015
Former U.S. Sen. Russ Feingold, co-author of the Bipartisan Campaign Reform Act, founded a PAC that has given only five percent of its funds to candidates and political parties. Instead, nearly half of the $7.1 million that Progressives United PAC has spent since 2011 has gone to raising more money for itself. The data also show the group has paid another sizable portion of money on salaries or consulting fees for Feingold, his top aide, and former staffers. Feingold is taking on U.S. Sen. Ron Johnson in 2016 to try to win back his old seat.
From the States and Municipalities:
Illinois – $2M Rauner Donor’s Company Does Business with State, Has Exceeded $50K Limit Past 4 Years
State Journal-Register – Bernard Schoenburg | Published: 6/13/2015
Richard Uihlein, chief executive officer of Uline, a packaging supply company, gave $2 million to Illinois Gov. Bruce Rauner’s campaign fund in December. Uihlein’s wife, Elizabeth, is president of the firm, and she donated $25,000 to Rauner in October. The company has done more than $50,000 in business with the state in each of the last four years, which means the contributions may have violated state campaign finance law.
Kentucky – John Schaaf to Head Kentucky Legislative Ethics Commission
Connecticut Post; Associated Press – | Published: 6/16/2015
The Kentucky Legislative Ethics Commission named current general counsel John Schaaf as its new executive director effective August 1. Schaaf has worked as the commission’s lawyer since 2004, following 16 years as general counsel of the Legislative Research Commission. He helped craft legislation in 1992 that paved the way for ethics reform in the state.
Massachusetts – Lobbyists Were Quick to Donate to Both Baker, Coakley
WCVB; Associated Press – | Published: 6/13/2015
Lobbyists hedged their bets during the 2014 Massachusetts gubernatorial race, often giving to both Charlie Baker and Martha Coakley. The strategy of contributing to multiple candidates in the same race is not new, according to Pam Wilmot, executive director of Massachusetts Common Cause. “Lobbyists give because they want access – that means access to whoever is elected and the best way to ensure that is to give to both candidates,” Wilmot said.
New York – Education Reforms Spur N.Y. Lobbying ‘Arms Race’
USA Today – Jon Campbell (Gannett Newspapers) | Published: 6/14/2015
Various education interests have spent at least $124 million trying to influence New York lawmakers, officials, and the general public at the state and local level since the start of 2006, including a record of at least $16 million last year. That is in addition to $45.3 million in lobbying expenses reported by the New York State United Teachers union and its New York City affiliate over the past nine years. They are tallied as labor organizations, not education groups, by the state’s lobbying regulator. Add in political spending and the numbers are starker: Education interests and teachers unions have spent $285.5 million on lobbying, campaign contributions, and independent political expenditures over the past decade.
Pennsylvania – Fifth Former LCB Official Accused of Violating State Ethics Laws
Pittsbugh Tribune-Review – Kari Andren | Published: 6/12/2015
A former state Liquor Control Board (LCB) executive was fined for illegally accepting gifts. The Pennsylvania Ethics Commission ordered Timothy Fringer to pay $7,200. The commission said Fringer, the board’s former chief of product management and pricing, accepted gifts from vendors such as meals, golf outings, and tickets to sporting events. Fringer told investigators he was instructed to accept the gifts by Jim Short, the LCB’s former marketing director, and as long as no one complained, “it’s like it never happened.” Short and three other officials in 2014 were fined for a variety of violations stemming from gifts they received from vendors.
Pennsylvania – Some Critical That Officials Caught in Sting Keep State Pensions
Philadelphia Inquirer – Craig McCoy and Angela Couloumbis | Published: 6/13/2015
By pleading guilty to violating the state’s conflict-of-interest law, four defendants in a Pennsylvania corruption case are now disgraced. The two legislators in office at the time of their plea had to resign immediately, as required by the state constitution. But former Philadelphia Traffic Court President Judge Thomasine Tynes and the former lawmakers – Michelle Brownlee, Harold James, and Ronald Waters – did not get hit with prison time or have to forfeit their annual government pensions, estimated at $54,000 to $85,000. To critics, the deals seem unduly lenient, especially the failure to go after their taxpayer-financed retirement checks.
Utah – Ex-A.G. Mark Shurtleff Defers Evidence Hearing; Prosecutors Amend Charges
Deseret News – Dennis Romboy | Published: 6/15/2015
Prosecutors amended charges against former Utah Attorney General Mark Shurtleff, dropping three bribery counts his lawyer insists were the foundation of allegations that the state’s former top lawyer had operated a “pay-to-play” scheme while in office. Prosecutors say Shurtleff accepted money and gifts like beach vacations and the use of luxury homes and boats while he was attorney general. Seven charges remain against Shurtleff, including accepting improper gifts, obstruction of justice, and a count alleging he tried to bribe a victim to derail an investigation. It appears that prosecutors are tailoring the charges to the evidence, not necessarily scaling back the case, said former prosecutor Kent Morgan. The charge of accepting improper gifts is generally simpler to prove at trial than bribery.
Washington – Lawmakers’ Watchdog Asks for Money
Tacoma News Tribune – Jerry Cornfield | Published: 6/15/2015
The interim executive director of the Washington Public Disclosure Commission (PDC) has been asking lawmakers for more money in the next state budget to help deal with a backlog of enforcement cases. Under the Senate budget proposal, the job of general counsel would be eliminated and a portion of the savings used to hire a contract lawyer. Also, the Senate approach would axe one position handling requests from the public and another one dealing with the agency’s website and campaign finance database. “This work is important; it is part of that entire ecosystem of good government,” said Fred Kiga, who took over at PDC on June 1.
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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