Voters in Laredo approved a proposition exempting certain public officials from the prohibition on participating in political activity.

Proposition D amends the city charter to explicitly exempt the mayor, in addition to individual city council members, from the prohibition against political activity by city employees.

Proposition D took effect when passed 70% to 30% on November 3.

On March 8, the U.S. House of Representatives passed a sweeping campaign finance, lobbying, ethics, and election gerrymandering reform bill.

Introduced by Rep. John Sarbanes, House Bill 1, the For the People Act of 2019, requires any organization involved in political activity to disclose its largest donors, creates a multiple matching system for small donations for political campaigns, and amends rules governing super PACs.

Additionally, the bill restructures the Federal Election Commission, amends the federal conflict of interest law, and expands the revolving door provision by prohibiting Members of Congress from serving on corporate boards.

If enacted, the bill also requires presidential candidates to disclose their tax returns, prohibits partisan gerrymandering, increases oversight over election vendors, creates an automatic voter registration across the country, and changes registration requirements for lobbyists and foreign agents.

On September 12, California Gov. Jerry Brown was presented with a bill concerning political advertising in social media.

Assembly Bill 2188, the “Social Media DISCLOSE Act”, requires disclosure for advertisements made “via a form of electronic media that allows users to engage in discourse and post content, or any other type of social media”, and is paid for by a political party or a candidate-controlled committee. The disclosure obligations fall on both the registered political parties and committees and on the “online platforms.”

The online platform must maintain and make available for online public inspection a digital copy of a political advertisement, the number of impressions generated from the ad, information regarding the total amount spent on the advertisements, and other relevant information.

The bill defines an online platform as a “public-facing Internet Web site, web application, or digital application, including a social network, ad network, or search engine, that sells advertisements directly to advertisers. A public-facing Internet Web site, web application, or digital application is not an online platform for purposes of this [Act] to the extent that it displays advertisements that are sold directly to advertisers through another online platform.” The online platforms will be required to include with each political advertisement a disclosure of who funded the ad or a hyperlink to a website containing the required disclosures.

If signed by the governor, the bill takes effect on January 1, 2020.

Federal:

Atypical Lobbying Shop Targets Lawmakers from Poorest Districts
Roll Call – Kate Ackley | Published: 7/10/2018

A new lobbying shop, United By Interest, is so far a commercial flop, if judged solely by the number of clients it has attracted: zero. But the lobbyists behind the effort, all of whom have their own separate K Street businesses, have managed to move an infrastructure bill with support of lawmakers from the Freedom Caucus and the Congressional Black Caucus. In a time when gridlock dominates Congress, these lobbyists say they are searching for a model that can produce greater flow between left and right, and legislation that will pass. In their research about what might motivate members of Congress from the extremes of both parties, they stumbled on a common theme: the poorest congressional districts. Their idea is to push together the fringes by aligning them on economic development projects back home.

Ex-Lawmakers See Tough Job Market with Trade Groups
The Hill – Megan Wilson | Published: 7/11/2018

Retiring lawmakers could find it harder than ever to find a job at trade groups next year. Headhunters who specialize in finding candidates for high-level K Street jobs said industry groups are no longer clamoring for the cachet of hiring a former elected official. Instead, they say hiring trends have changed and high-powered groups are looking for people with management skills, policy knowledge, and industry smarts. Snagging a marquee name years ago may have been the ideal choice for some groups, but headhunters say political gridlock in Washington and the expanded work of trade associations has ushered in the need for candidates with a larger skill set.

Giuliani Works for Foreign Clients While Serving as Trump’s Attorney
Chicago Tribune – Josh Dawsey, Tom Hamburger, and Ashley Parker (Washington Post) | Published: 7/10/2018

Rudy Giuliani is reportedly still working on behalf of foreign clients at his security firm Giuliani Partners after joining President Trump’s legal team, which raises conflict-of-interest concerns and could violate federal ethics laws. Lobbying experts said Giuliani’s work at the firm more than likely requires registration under the Foreign Agent Registration Act. His decision to continue representing foreign entities also departs from standard practice for presidential attorneys, who in the past have generally sought to sever any ties that could create conflicts with their client in the White House. Giuliani told the Post that he never discusses his clients with the president and has turned away potential clients, including a Russian business.

Showdown on a Trump Subpoena Could Overshadow Brett Kavanaugh’s Confirmation
WRAL – Adam Liptak (New York Times) | Published: 7/10/2018

President Trump’s nominee for the U.S. Supreme Court, Brett Kavanaugh, has expressed strong support for executive power and gun rights, and hostility to administrative agencies. Those are conventional positions among conservative lawyers and judges. But there is one stance that sets Kavanaugh apart, and it could not be timelier: his deep skepticism of the wisdom of forcing a sitting president to answer questions in criminal cases. Robert Mueller, the special counsel investigating Trump and his associates, raised the prospect of subpoenaing the president during a meeting with one of his lawyers. If Mueller goes down that road, the dispute could quickly reach the Supreme Court. And if Kavanaugh is on the court by then, it could thrust him into the middle of an issue he has been wrestling with for most of his professional life.

From the States and Municipalities:

Colorado: Denver Council Approves Ethics Exemption After Debate Over City-Provided Air Travel, Freebies
Denver Post – Jon Murray | Published: 7/9/2018

The Denver City Council adopted new rules that will allow council members and the mayor to continue receiving gifts from other city employees. The council approved an amendment that exempts city officials and departments from being considered “donors” of gifts under restrictions in the ethics code. It also requires city officials to file new semi-annual public reports listing items received from city government that are worth more than $50. Council members acted after the Board of Ethics issued an advisory opinion that questioned the providing of gifts by agencies or departments when they are seeking contract approvals or other favorable decisions.

Florida: Mayors Push to Strengthen Lobbying Laws in Broward
South Florida Sun Sentinel – Meryl Kornfield | Published: 7/9/2018

Fort Lauderdale Mayor Dean Trantalis and Coconut Creek Mayor Josh Rydell want to strengthen their cities’ lobbying rules, saying Broward County’s ethics laws do not go far enough. By changing the laws in 2016, the county left it up to cities to craft penalties for any lobbyist who fails to submit logs of their exchanges with elected officials. Under the county’s ethics laws, it used to be up to the government officials to log their calls, meetings, and emails. But after April 2016, the responsibility of documenting those meetings shifted to lobbyists. County officials say no lobbyists have been investigated for failing to log meetings.

Indiana: Attorney General Curtis Hill Under Investigation Following Calls by Top Indiana Republicans
Indianapolis Star – Tony Cook and Ryan Martin | Published: 7/5/2018

Indiana Gov. Eric Holcomb and legislative leaders called for state Attorney General Curtis Hill to resign amid what they say are credible claims that Hill drunkenly groped four women, including a lawmaker, at an Indianapolis bar. They also called for an investigation by Inspector General Lori Torres, which Torres would occur. Hill has denied the groping allegations and said he had no plans to step down. Criminal investigations into statewide office holders are not unprecedented for the inspector general’s office.

Kentucky: Andy Beshear’s ‘Tainted’ Donations May Be More Than What’s in His Fund
Louisville Courier-Journal – Tom Loftus | Published: 7/11/2018

When Kentucky Attorney General Andy Beshear’s top deputy was arrested for using kickbacks and bribes for political contributions, Beshear vowed to donate all the tainted money from his 2015 campaign account to charity. That was two years ago and the money is still there. But now Beshear is running for governor, bringing more scrutiny to his campaign. He has cooperated with authorities, and federal officials have said he had no knowledge of the scheme. Beshear again vowed to donate any tainted contributions to Common Cause, a government watchdog group, but only after the Registry of Election Finance completes an audit of his 2015 account.

Missouri: KC Mayoral Candidate Proposes Limiting Gifts to $5: Ethical move or political ploy?
Kansas City Star – Bill Turque | Published: 7/9/2018

A proposed ordinance sponsored by Kansas City Councilperson Scott Taylor would cut the maximum permissible value of gifts from $1,000 to five dollars. It would also restrict city-funded council travel and extend from one to two years the period ex-officials must stay away from city government before lobbying or working as a contractor. The measure was drafted to mirror portions of “Clean Missouri,” the November ballot issue aimed at reforming state government. Taylor’s council colleagues dismiss the idea that their vote can be bought for a meal or a ticket. They describe the ordinance as election-season pandering.

New York: Cuomo Campaign Amends ‘All-You-Can-Drink’ Fundraiser Invite
Albany Times Union – Casey Seiler | Published: 7/9/2018

New York Gov. Andrew Cuomo’s campaign amended the language of a fundraiser invitation that initially offered an “all-you-can-drink happy hour” – a pitch that appears to violate state law. The invitation to the fundraiser now touts “happy hour drinks.” State Alcohol Beverage Control law prohibits “selling, serving, delivering or offering to patrons an unlimited number of drinks during any set period of time for a fixed price.”

Oklahoma: Rule Change Conceals Statewide Candidates’ Personal Finances
Oklahoma Watch – Trevor Brown | Published: 7/6/2018

Unlike the federal government and nearly three dozen states, Oklahoma does not require candidates to reveal even the most basic details of their finances before Election Day. The Oklahoma Ethics Commission, citing privacy concerns and the burden of added paperwork, stopped requiring candidates to file a financial disclosure statement before the 2016 elections. State ethics rules now require only elected officials to file those statements months after taking office and then annually. The form contains less information than what is required for disclosure by the federal government and many other states.

Virginia: Dominion Claims Lobbying Costs Soared to Fight ‘Fake News’
The News-Leader – Alan Sunderman (Associated Press) | Published: 7/11/2018

Dominion Energy’s tenfold increase in spending to influence Virginia politicians was prompted by the spread of “fake news and propaganda perpetuated by anti-energy groups,” a company spokesperson said. Disclosure forms show the state’s biggest electric utility and most politically powerful company spent more than $1 million on lobbyists, entertainment, meals, and communications from May 2017 to the end of April 2018. Most of the increase in reported spending was due to a boost in communications spending, which the company said totaled nearly $700,000.

West Virginia: Justice Ketchum Steps Away from the Supreme Court
West Virginia MetroNews – Brad McElhinny | Published: 7/11/2018

Menis Ketchum, one of two justices of the West Virginia Supreme Court of Appeals under fire for spending practices, resigned less than 24 hours before House members consider articles of impeachment against one or more justices. Ketchum, along with Justice Allen Loughry, were singled out by a legislative audit for possibly violating the Ethics Act by using vehicles owned by the court for their personal use. The report specifically criticizes Ketchum for using the court’s vehicles for golf outings. When brought to his attention, he reimbursed the state and amended his tax forms. Ketchum also received criticism for the cost of office renovations and for taking a $2,500 grandfather clock owned by the court.

Wisconsin: Wisconsin Treasurer Candidate Says He Was Fired from Banking Job After Mounting Campaign
Milwaukee Journal Sentinel – Molly Beck and Max Bayer | Published: 7/9/2018

Travis Hartwig, who is running for state treasurer in Wisconsin, said he was fired from his job as a mutual fund administrator at U.S. Bank because he would not drop out of the race. Hartwig’s campaign was considered by bank officials to be a conflict-of-interest because the bank does work with state agencies and it is currently seeking a $10 million contract with Wisconsin. According to emails, the bank determined “there is substantial risk to [U.S. Bank] if you are allowed to continue in your campaign … while employed at [the bank].”

On March 20, a federal court found the Federal Election Commission (FEC) failed to interpret campaign finance laws correctly as applied to an outside group’s political activity during the 2010 federal elections.

In 2012, Citizens for Responsibility and Ethics in Washington (CREW) had brought a complaint to the FEC alleging American Action Network (AAN), an outside nonprofit entity that ran nearly $18 million in television advertisements just before the 2010 federal midterm elections, was a “political committee” and subject to federal disclosure requirements.

A majority of the commissioners did not find “reason to believe” that AAN violated any law and the complaint was dismissed. Crew appealed the FEC decision to the United States District Court for The District of Columbia.

Yesterday, U.S. District Judge Christopher R. Cooper found the FEC’s analysis used to determine whether AAN was a political committee “was inconsistent with the governing statutes,” granted summary judgment in favor of CREW, and remanded the matter back to FEC to address CREW’s initial complaint again.

Federal:

In Ukraine, a Malware Expert Who Could Blow the Whistle on Russian Hacking
New York Times – Andrew Kramer and Andrew Higgins | Published: 8/15/2017

A hacker known as Profexer wrote computer code alone in an apartment and sold his handiwork on the anonymous portion of the internet known as the Dark Web. Profexer’s posts, already accessible only to a small band of fellow hackers and cybercriminals looking for software tips, blinked out in January, just days after American intelligence agencies publicly identified a program he had written as one tool used in the hacking of the Democratic National Committee. But while Profexer’s online persona vanished, a flesh-and-blood person has emerged: a fearful man who the Ukrainian police said turned himself in early this year, and has now become a witness for the FBI.

Inside the Elizabeth Warren Merchandising Empire
Politico – Lauren Dezenski | Published: 8/13/2017

Elizabeth Warren is not just a progressive icon, she is a merchandising industry unto herself. The U.S. senator and presidential prospect is at the center of a sprawling business built around her appeal to liberals across the country, a reminder of the devotion she inspires on the left and the footprint she will cast in the 2020 Democratic primary. Warren’s campaign store has expanded beyond traditional political fare such as buttons, bumper stickers, tote bags, and T-shirts to offer a line of products that capitalize on the “Nevertheless, she persisted” meme spawned by Senate Majority Leader Mitch McConnell’s much-publicized admonishment of Warren on the Senate floor earlier this year.

Justice Dept. Demands Data on Visitors to Anti-Trump Website, Sparking Fight
New York Times – Charlie Savage | Published: 8/15/2017

The Department of Justice has requested information on visitors to a website used to organize protests against President Trump. Dreamhost, a web hosting provider, claimed that complying with the request would amount to handing over roughly 1.3 million visitor IP addresses to the government, in addition to contact information, email content, and photos of thousands of visitors to the website, which was involved in organizing protests against Trump on Inauguration Day. “hat information could be used to identify any individuals who used this site to exercise and express political speech protected under the Constitution’ First Amendment,”DreamHost wrote in a blog post.

Revocation of Grants to Help Fight Hate Under New Scrutiny After Charlottesville
New York Times – Ron Nixon and Eileen Sullivan | Published: 8/15/2017

A grant awarded by the Obama administration to an organization dedicated to combating right-wing domestic extremists was rescinded by the Trump administration. After the violent clash in Charlottesville, the move to pull back the money from an organization dedicated to helping people leave hate groups is receiving renewed scrutiny. The decision to rescind the grant highlights the different approach between Donald Trump and Barack Obama over whether Muslim extremists or white supremacist groups pose a greater domestic threat. Organizations that received funding from the Trump administration work almost exclusively on programs to deal with terrorist threats from Islamic extremists, even as research shows white supremacist groups have been linked to most domestic terrorist attacks in recent years.

From the States and Municipalities:

Alabama: Alabama Ethics Commission Punts on Lobbyist Opinion
Montgomery Advertiser – Brian Lyman | Published: 8/16/2017

The Alabama Ethics Commission voted to table a staff opinion that would have specifically classified site consultants as lobbyists under state law. State Secretary of Commerce Greg Canfield argued the opinion could imperil what he characterized as “confidential” negotiations for various economic development projects. “If companies considering multiple states to relocate existing operations were to have to disclose themselves publicly to the state, would they … consider Alabama when they have other states to consider where their confidentiality will be protected?” Canfield asked.

California: Hundreds of Dollars in ‘Gifts’ from Contractors to Supervisor Nelson Raise Legal Questions
Voice of OC – Nick Gerda | Published: 8/16/2017

Orange County Supervisor Shawn Nelson received more than $700 worth of wine and cigars from two contractors after he voted to award them county contracts, and his handling of the items may be a way around the county’s gift ban. Nelson used campaign funds to reimburse the lobbying firm Potomac Partners for $539 worth of wine, and Kevin McCarthy for $169 worth of cigars. Nelson said his approach is legal because he repaid the contractors, and the wine and cigars are not for his personal use, but rather for “officeholder” purposes. “Nobody anticipated that some guy that was doing business with the county could bring in an unsolicited gift, and then you just pay for it [with campaign funds the contractor contributed to] and it’s no longer a gift,” said Shirley Grindle, who helped write the county’s gift ban.

District of Columbia: ACLU Sues Washington, D.C., Transit System for Removing Milo Yiannopoulos Ads
Los Angeles Times – Matt Pearce | Published: 8/10/2017

The American Civil Liberties Union (ACLU) is suing the Washington Metropolitan Area Transit Authority for pulling or rejecting controversial ads, which the organization claims violates freedom of speech. In the lawsuit, the ACLU is representing a wide range of plaintiffs, including an abortion provider, People for the Ethical Treatment of Animals, and conservative firebrand Milo Yiannopoulos. One of the rejected ads featured the text of the First Amendment in English, Spanish, and Arabic, which the group proposed after President Trump escalated his feud with the media earlier this year. The authority rejected the ad on the grounds it “intended to influence members of the public regarding an issue on which there are varying opinions” or “intended to influence public policy.”

Florida: FBI Agents Went Undercover in Florida’s Capital for the ‘Biggest Investigation in Years’
USA Today – Sean Rossman | Published: 8/14/2017

Mike Miller was a developer willing to spend millions of dollars to revitalize downtown Tallahassee as the capital city longed to rebrand itself. But Miller was not what he appeared to be. After spending nearly two years infiltrating the ranks of up-and-coming entrepreneurs and wooing the town’s politicians, he vanished – until early this summer, when a pair of FBI subpoenas were served on City Hall. Miller, it turned out, was no ordinary developer. He was an undercover FBI agent, the lynchpin in an elaborate scheme to ferret out public corruption – a multi-year investigation of local politicians, their friends, and millions of dollars in taxpayer redevelopment money.

Illinois: Lobbyist Registrations Surge After Fines Tied to Emanuel Emails
Chicago Sun-Times – Fran Spielman | Published: 8/16/2017

An “all-time record” of 759 lobbyists are now registered with the Chicago Board of Ethics, a 27 percent increase over the last year, according to Steve Berlin, the board’s executive director. Board of Ethics Chairperson William Conlon noted the registration surge coincided with the agency’s decision to come down hard on those who lobby Mayor Rahm Emanuel through the mayor’s private emails, but fail either to register as lobbyists or report the activity. “So much is being made public that it is now very hard to hide in the gray area,” said Cindi Canary, founder of the Illinois Campaign for Political Reform.

Louisiana: Conflict of Interest or Educational Opportunity? La. Legislators Have Benefited from $73K-Worth of Free Travel Since 2016
New Orleans Advocate – Elizabeth Crisp | Published: 8/12/2017

State lawmakers in Louisiana accepted complimentary hotel stays, travel, and conference admissions valued at more than $73,000 combined since January 2016. The trips, which do not face the same caps that limit gifts from lobbyists, are reflected in signed affidavits that lawmakers must file with the state Board of Ethics within 60 days of traveling for free to conferences and seminars or to give speeches to sponsoring groups. Some watchdogs question whether special interests use the trips as a way to win face time and curry favor with lawmakers often at beach-side locales or in major cities; legislators generally defend them as taxpayer-money saving educational opportunities.

Oklahoma: State Ethics Rules Often Hide Sources of Lobbyists’ Gifts, Meals
Oklahoma Watch – Trevor Brown | Published: 8/13/2017

A review of thousands of gifts and meal purchases made during the first six months of 2017 found it is impossible to confirm through records who was bankrolling efforts to influence policymakers for a quarter of the record-setting $485,000 that lobbyists spent on state officials and legislators. That is because Oklahoma, unlike dozens of other states, does not require lobbyists to reveal what bill or topic they are discussing when they buy a meal for a state official. Lobbyists also do not have to list what client they are representing when they buy a meal or a gift.

Oregon: Oregon Judge to Decide If Political Spending Limits Are Legal
Portland Oregonian – Gordon Friedman | Published: 8/15/2017

Oregon is one of six states with no limits on campaign donations and spending. State law also allows individuals and groups to pay for political ads without disclosing they are the source. Multnomah County voters overwhelmingly approved new limits on political contributions last year. Now Multnomah County Circuit Judge Eric Bloch will begin the process of determining whether the measure is constitutional. Bloch promised to provide as a ruling “as quickly as I possibly can.” That is expected to be before September 1, when the new campaign spending limits take effect. Bloch said his decision will likely not be the final one, given that both sides have indicated their openness to appeals.

South Carolina: Emails: South Carolina AG coordinated with key figure in statehouse probe on letter booting special prosecutor off case
Charleston Post and Courier – Glenn Smith | Published: 8/5/2017

Legal observers criticized South Carolina Attorney General Alan Wilson for sharing confidential information and for seeking advice concerning a potential criminal investigation with one of the subjects of that probe. They said Wilson should not have asked his longtime political consultant and friend Richard Quinn Sr. in October 2014 to help edit a letter that would have informed independent prosecutor David Pascoe that he would play no further role in any future prosecutions stemming from an investigation into statehouse corruption. The exchange came as Pascoe prepared to dig deeper into a State Law Enforcement Division report detailing alleged misdeeds by sitting lawmakers. Named in that document were Quinn and his son, state Rep. Rick Quinn, who was also identified as a potential target of the probe.

Texas: Federal Court Invalidates Part of Texas Congressional Map
Texas Tribune – Alexa Ura and Jim Malewitz | Published: 8/15/2017

A federal court invalidated two congressional districts in Texas, ruling they violated racial discrimination prohibitions. The three-judge panel’s unanimous decision could lead to a battle to redraw the districts in time for the 2018 elections. The court ordered the Texas attorney general’s office to indicate whether the state Legislature would take up redistricting to fix those violations. Otherwise, the state and its legal foes will head back to court on September 5 to begin re-drawing the congressional map.

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.

Lobbying

Alabama: “Alabama Ethics Commission Punts on Lobbyist Opinion” by Brian Lyman for Montgomery Advertiser

Maine: “State Employees Union Could Drop ‘Fair Share’ Fees in Exchange For 6 Percent Raise” by Mal Leary for Maine Public Radio

Campaign Finance

Montana: “Former State Legislator Jailed After Refusing to Pay Fine in Political Corruption Case” by Tom Lutey for Billings Gazette

Oregon: “Oregon Judge to Decide If Political Spending Limits Are Legal” by Gordon Friedman for Portland Oregonian

Ethics

“Revocation of Grants to Help Fight Hate Under New Scrutiny After Charlottesville” by Ron Nixon and Eileen Sullivan for New York Times

California: “Hundreds of Dollars in ‘Gifts’ from Contractors to Supervisor Nelson Raise Legal Questions” by Nick Gerda for Voice of OC

Pennsylvania: “State Rep. Marc Gergely Pleads Guilty to Corruption Charges” by Kate Giammarise and Liz Navratil for Pittsburgh Post-Gazette

Elections

“In Ukraine, a Malware Expert Who Could Blow the Whistle on Russian Hacking” by Andrew Kramer and Andrew Higgins for New York Times

“Roy Moore and Luther Strange Head for G.O.P. Runoff in Alabama Senate Race” by Jonathan Martin and Alan Blinder for New York Times

Redistricting

Texas: “Federal Court Invalidates Part of Texas Congressional Map” by Alexa Ura and Jim Malewitz for Texas Tribune

Campaign Finance

California: “John Chiang Helped Award Millions in Tax Breaks to His Developer Donors” by Christopher Cadelago for Sacramento Bee

Ethics

“Trump Defends Initial Remarks on Charlottesville; Again Blames ‘Both Sides’” by Michael Shear and Maggie Haberman for New York Times

“After Charlottesville, Trump Retweets – Then Deletes – Image of Train Running Over CNN Reporter” by David Nakamura and Aaron Davis for Washington Post

“New on This Fall’s Law School Syllabus: Trump” by Adam Liptak for New York Times

“Tech Firm Is Fighting a Federal Order for Data on Visitors to an Anti-Trump Website” by Ellen Nakashima for Washington Post

“FBI Agents Went Undercover in Florida’s Capital for the ‘Biggest Investigation in Years’” by Sean Rossman for USA Today

Oregon: “Campaign to Taint Courtroom Foe Costs Saxton Post at OHA” by Jeff Manning for Portland Oregonian

Elections

“Trump Campaign Emails Show Aide’s Repeated Efforts to Set Up Russia Meetings” by Tom Hamburger, Carol Leonnig, and Rosalind Helderman for Washington Post

Redistricting

North Carolina: “Redistricting Criteria Call for Partisan Maps, No Consideration of Race” by Travis Fain and Laura Leslie for WRAL