The Brennan Center regularly compiles the latest news concerning
the corrosive nature of money in New York State politics—and the ongoing need
for public financing and robust campaign finance reform. This week’s links were
contributed by Eric Petry.
NEW YORK
Despite Federal Indictments, State Senators Win Primaries
Three New
York Senators – Thomas Libous, John Sampson, and Malcolm Smith – entered the
primary election on Tuesday facing
federal criminal charges. Despite these legal troubles, both Libous and
Sampson managed to win their races by safe margins – 28
points and 25
points respectively. Smith, on the other hand, lost by more than 50
percentage points in a landslide. While it remains to be seen whether
Libous and Sampson will win in the general election this November, the primary
this week showed that the presence of pending criminal charges can be is not necessarily
a death knell for New York legislators seeking reelection. Gubernatorial
hopeful Zephyr Teachout made Albany corruption a primary
campaign issue and garnered 34 percent of the vote, the highest
of any primary challenge to a sitting governor since primaries were instituted
in 1970.
Consultants Avoid Regulation as Lobbyists
New York
politics is starting to see the emergence of a new group of political actors:
non-lobbyist strategic consultants. These consultants function like lobbyists
in terms of access and ties to politicians, but they are able to avoid registering
as official lobbyists. Their unofficial status allows them to avoid disclosure
requirements, as long as they do not “attempt
to influence politicians.” While this practice technically falls within the
law, it raises suspicions because of the inherent influence strategic
consultants can possess. Jennifer Cunningham, for example, worked closely with
Attorney General Eric Schneiderman and Governor Andrew Cuomo throughout her
political career, helping to get them both elected in 2010. After they were
elected, Ms. Cunningham deregistered as a lobbyist to “avoid
even the appearance of a conflict” of interest and resigned her job at a
top lobbying firm. In the role as a strategic consultant, which she has kept since
2010, however, Cunningham has continued to represent clients before the state
government, working closely with Schneiderman on a consistent basis. So close,
in fact, that the Attorney General’s office initially refused an open records request
to provide communications between Schneiderman and Cunningham, claiming that
the conversations fell under an exception for “intra-agency records” between
state employees.
JCOPE Holds First-Ever Hearings
For the
first time in its 20-month history, the Joint Commission on Public Ethics held
a hearing to discuss specific allegations of lobbying law violations. While
JCOPE has engaged in enforcement actions previously, none had ever proceeded
far enough to reach a hearing. The hearing officer, former federal Judge George
Pratt, recommended that the three entities found in violation of disclosure
requirements – Blackboard, Inc., Community Redemption Center, and YL
Management, L.L.C. – each receive fines between $4,000 and $10,000.
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