The second session of the 106^th Nebraska Legislature adjourned sine die on August 13 after 60 legislative days of a session interrupted by COVID-19.

Speaker Jim Scheer suspended the session in mid-March in response to growing safety concerns regarding the global pandemic. After calling lawmakers back into session for three days in late March for the limited purpose of approving emergency funding to combat the pandemic, he suspended the session again.

Senators reconvened July 20 and finished the final 17 days of session in a changed physical environment of plastic barriers and physical distancing guidelines to limit contact between senators, staff, and the media.

The delaying of the session affected lobbyist reporting due dates. Any lobbyists or principals who received or expended more than $5,000 for lobbying purposes during the session must file special reports on September 15, 2020. Additionally, the lobbyist statement of activity is due on September 27, which signifies 45 days after adjournment sine die of the session.

Lawmakers passed 285 bills during the session, including measures to expand access to broadband Internet in rural areas, improve oversight of the state’s Youth Rehabilitation and Treatment Centers and provide a tax exclusion for military retirement benefit pay.

Scheer is among six senators who are leaving the Legislature due to term limits. The others are Lincoln Sen. Kate Bolz, Omaha Sen. Ernie Chambers, Bellevue Sen. Sue Crawford, Omaha Sen. Sara Howard and Omaha Sen. Rick Kolowski.

Chambers, whose legislative career will stand as the longest in state history, was first elected to the Legislature in 1970. He left office in 2008 due to term limits but returned in 2012.

The first session of the 107^th Legislature is scheduled to convene on January 6, 2021.

Out of six applicants, three names were forwarded to Gov. Mike Dunleavy to fill the District 30 seat until a new legislator is sworn in in January.

The district currently lacks representation since the untimely passing of Rep. Gary Knopp in a July midair plane collision.

The three chosen by the District 30 committee are Ron Gillham, Derek Leichliter, and Charlene Tautfest.

Gillham is a candidate for the seat and his name is already on the ballot for the primary election.

When a vacancy occurs, the governor typically will choose from the three names the district leaders of the party offer.

In this case, the governor may not appoint a fill-in person, but would need to appoint one if he calls a special session for the purpose of legislative confirmation of his boards and commissions picks.

His choice would have to be ratified by Republicans in the House.

On August 11, a bipartisan bill to amend the federal lobbying law was introduced in the U.S. House of Representatives.

Submitted by Republican Rep. Ben Cline and Democratic Rep. Dean Phillips, the Lobbying Disclosure Reform Act would require registration with both the Clerk of the House of Representatives and the Secretary of the Senate, move enforcement of the lobbying laws to the U.S. Office of the Attorney General, amend registration and reporting thresholds, and assign a unique identification number to each individual registering as a federal lobbyist and to each client of that lobbyist.

H.R. 8022 would also require the disclosure of any persons providing strategic lobbying services in support of a registered lobbyist, who would then also be assigned unique identification numbers.

The Clerk of the House of Representatives and the Secretary of the Senate would have the responsibility of assigning the unique identification numbers.

Rep. Jim Durkin introduced House Resolution 885 declaring the members of the House of Representatives have no confidence House Speaker Michael J. Madigan can continue in his role as speaker.

The effort to remove Madigan comes in the wake of the federal charges and conduct outlined in testimony and in the Deferred Prosecution Agreement entered into between Commonwealth Edison Company and the United States Attorney’s Office for the Northern District of Illinois.

In a virtual news conference on August 13, a group of Democratic lawmakers proposed a package of ethics reform bills.

The group’s goal is for the General Assembly to take the bills up during the veto session scheduled to begin on November 17.

Proposals include banning current state legislators from also serving as lobbyists; banning former lawmakers from immediately becoming lobbyists after they leave office; amending the definition of what activities are considered lobbying; and creating official procedures for investigation, censure, and temporary removal of leadership positions for members facing criminal charges.

Republicans asked Gov. J.B. Pritzker to call a special session now to focus on ethics reform, but Pritzker issued a statement indicating he believes these important objectives should be accomplished during this fall’s veto session.

Campaign Finance

National: “Biden Aides Headline DNC Fundraisers with Lobbyists” by Theodoric Meyer for Politico

Elections

National: “Postal Service Warns 46 States Their Voters Could Be Disenfranchised by Delayed Mail-In Ballots” by Erin Cox, Elise Viebeck, Jacob Bogage, and Christopher Ingraham for Washington Post

National: “‘Gosh, I Basically Cover the Campaign from My Couch’” by Eli Okun and John Harris for Politico

Ethics

Florida: “A Florida GOP Sheriff Allegedly Ordered the Arrest of His Mistress. Now He’s the One Facing Charges.” by Teo Armus for Washington Post

Illinois: “Democratic State Lawmakers Propose Series of Ethics Changes” by Jamie Munks for Chicago Tribune

New York: “Trump Is Not Entitled to Details of Tax Returns Inquiry, D.A. Says” by Nicole Hong and William Rashbaum for New York Times

Ohio: “Indicted Former Ohio House Speaker Will Remain on Ethics Panel” by Laura Bischoff for Dayton Daily News

Tennessee: “Tennessee Governor to Sign Tougher Penalties for Some Protests” by Jonathan Mattise (Associated Press) for Memphis Commercial Appeal

Lobbying

Colorado: “Marlboro’s Owners Negotiated Colorado’s Proposed Tobacco Tax Hike – and It Could Help Them Dominate the Cigarette Market” by Jesse Paul for Colorado Sun

National/Federal

Abrupt Change to Census Deadline Could Result in an Undercount of Latino and Black Communities
Philadelphia Inquirer – Jose Del Real and Fredrick Kunkle (Washington Post) | Published: 8/9/2020

Census experts and advocates warn the Trump administration’s decision to end the decennial count a month earlier than expected will result in a dramatic undercount of Black and Latino communities across the country, which could have grave effects on federal funding and political representation in their neighborhoods. The census represents an important fault line in the battle over structural racism and equity, with high stakes. It dictates the allocation of federal dollars and influences everything from infrastructure investments to education programs like free and reduced lunch to public health-care spending. The data is also used when deciding the boundaries of legislative districts.

Appeals Court Rejects Key Argument Against McGahn Subpoena
Politico – Josh Gerstein and Kyle Cheney | Published: 8/10/2020

A federal appeals court dealt a setback to President Trump’s bid to prevent his former White House counsel Don McGahn from being forced to testify to a House committee. The U.S. Court of Appeals for the District of Columbia Circuit ruled the House has legal standing to use the courts to compel McGahn to appear in response to a Judiciary Committee subpoena. But the appeals court left open other legal arguments against the subpoena to McGahn, leaving it unclear when or if the former White House lawyer will appear before the panel. The ruling also left open the issue of what questions McGahn would have to answer.

Disinformation for Profit: How a Florida ‘dealmaker’ turns conservative outrage into cash
Washington Post – Isaac Stanley Becker | Published: 8/11/2020

The reality curated by “The Bearded Patriot” and “The Wolf of Washington” is dismal. The websites tell of nonstop riots and “crazed leftists.” They warn of online censorship and the wiles of an “anarchist billionaire,” a reference to George Soros, the liberal investor and Holocaust survivor. The material is tailor-made to inflame right-wing passions. But its underlying purpose is to collect email addresses and other personal information from impassioned readers, whose inboxes then fill up with narrowly targeted ads. The effect is to monetize the anger stoked by misleading political content, for as much as $2,500 per list of contacts.

Drawing Lessons from Chaotic Primaries, Election Officials Scrambled to Head Off Voting Problems in Tuesday’s Contests
Washington Post – Amy Gardner and Dan Simmons | Published: 8/11/2020

If election officials in Georgia and Wisconsin wanted to prove one thing during primary and runoff elections on August 11, it was that they could do a better job managing lines, operating equipment, and counting mail ballots than they did in earlier contests this year. They appeared to succeed, with voters trickling into the polls with virtually no wait times and election workers processing a crush of absentee ballots with no major difficulties. The contests in both states, as well as in Connecticut, Minnesota, and Vermont, drew much lower turnout than previous elections this year, a contributor to the relative quiet. But state and local officials said the bigger factor was what they learned from their earlier stumbles and how they used the intervening weeks to avoid them this time.

Federal Appeals Court Skeptical of Michael Flynn’s Effort to Immediately Dismiss Criminal Charge
Politico – Josh Gerstein and Kyle Cheney | Published: 8/11/2020

A federal appeals court appears poised to block an effort by former national security adviser Michael Flynn to immediately dismiss the criminal charge against him, raising the specter that the politically explosive case could continue to make headlines in the lead-up to the November 3 election. The court sounded sharply skeptical about arguments by Flynn’s attorney and the Justice Department that U.S. District Court Judge Emmet Sullivan abused his authority by scheduling a hearing on efforts to drop the case, which came despite Flynn’s pleading guilty to lying to the FBI and later reaffirming his plea.

Former Clients of Acting Homeland Security Chief Chad Wolf Received Millions in Department Contracts
CNBC – Brian Schwartz | Published: 8/5/2020

Several former lobbying clients of Chad Wolf, now the acting secretary of Homeland Security, have received millions of dollars’ worth of government contracts while he has held senior positions within the department. Wolf was a lobbyist for over a decade at Wexler & Walker before he took leadership roles with the department under President Trump. Wolf served as the acting chief of staff at the Transportation Security Administration in 2017 and later became the chief of staff for former Homeland Security Secretary Kirstjen Nielsen. Since then, several of Wolf’s former clients reaped a total of at least $160 million in contracts, according to a CNBC analysis of the public filings.

How Hotel Chains Got a Slice of Government Aid for Small Businesses
ProPublica – Isaac Arnsdorf | Published: 8/6/2020

In March, as lawmakers raced to put together a stimulus package to cope with the pandemic-related shutdowns sweeping the country, a company that invests in hotels deployed a Washington lobbyist for the first time. The lobbyist’s mission was to secure an exception in the emerging relief program for small businesses so hotel chains would become eligible. EOS Investors had more than 500 employees, putting it above the limit in the original proposal by U.S. Sen. Susan Collins. The lobbyist whom EOS called on for help was Michael Bopp, a former longtime aide to Collins. One of the main criticisms of the relief been it ended up favoring well-connected businesses over mom-and-pop concerns with scarce access to other resources.

Postal Service Overhauls Leadership as Democrats Press for Investigation of Mail Delays
Anchorage Daily News – Jacob Bogage (Washington Post) | Published: 8/7/2020

The Postal Service announced a reorganization meant to increase efficiency as Democratic lawmakers demanded an inquiry into whether changes by President Trump’s officials could threaten the effective use of mail-in ballots for the November election. Analysts say the structure centralizes power around Postmaster General Louis DeJoy, a major donor to Trump’s campaigns, and de-emphasizes institutional knowledge. The reshuffling threatens to heighten tensions between postal officials and lawmakers, who are troubled by delivery delays and wary of the Trump administration’s influence on the Postal Service as the coronavirus pandemic rages and election draws near.

Rep. Tlaib Directed to Reimburse Campaign for $10,800 in Postelection Paychecks
Roll Call – Niels Lesniewski | Published: 8/7/2020

The House ethics committee directed U.S. Rep. Rashida Tlaib to repay her campaign for salary she drew after Election Day 2018. Congressional candidates are allowed to draw paychecks from their campaigns, but as the committee explained in a report, the payments are only allowed during an active candidacy. Tlaib continued to be paid after the election was over. The ethics panel said no further action was necessary.

Taking Protest to the Streets, and the Mayor’s Front Door
MSN – Mike Baker and Nicholas Bogel-Burroughs (New York Times) | Published: 8/10/2020

Public protests this year have most often featured marches and rallies through public gathering places, sometimes escalating into broken shop windows, torched cars, and clashes with the police. But as the nation navigates the triple turmoil of a pandemic, a ravaged economy, and a civil rights movement, civic activism is at times becoming more direct, more personal, and for some of its targets, more frightening. Some of these demonstrations have led to thoughtful conversations between public officials and the protesters who arrived at their doors. But others insist their front yards are inappropriate venues for boisterous public debate.

The Kamala Harris Pick: Geographic balance takes back seat to gender, race
New York Times – Shane Goldmacher, Adam Nagourney, and Jennifer Medina | Published: 8/12/2020

Joe Biden’s selection of U.S. Sen. Kamala Harris as his running mate marks the latest evidence that gender and race have now surpassed geographic balance when it comes to building a ticket for the White House. Ever since Black voters resurrected his candidacy in South Carolina, Biden and his campaign team have made the pursuit of Black voters a centerpiece of his bid for the White House. And he had said from the start of the process he would choose a woman as the Democratic nominee for vice president. If Harris does not put any particular new state into play, strategists and Biden allies were hoping her spot on the ticket could increase turnout and Biden’s margins across the map and strengthen his position in states Hillary Clinton lost, in no small part because of a drop in votes in African-American communities.

There’s Been a Big Gray Area When It Comes to Cable News Contributors Dabbling in Political Campaigns
Washington Post – Jeremy Barr | Published: 8/8/2020

So-called contributors on cable news networks are essentially paid guests who sign contracts to appear exclusively on one network, generally agreeing to go on-air as frequently as the news cycle demands. But as former politicians and political consultants, they exist in a sort of gray zone between full-time employees and unpaid interviewees, which makes discerning what they are allowed to say and do off-camera challenging. That is especially so when network contributors step on the campaign trail. Some of the most in-demand contributors are often those who are still active in the political arena or harbor future campaign aspirations, creating potential conflicts-of-interest.

Trump Antagonizes GOP Megadonor Adelson in Heated Phone Call
Politico – Alex Isenstadt | Published: 8/8/2020

When President Trump talked recently with Republican megadonor Sheldon Adelson, perhaps the only person in the party who can cut a nine-figure check to aid his reelection, the phone call unexpectedly turned contentious. Adelson reached out to Trump to talk about the coronavirus relief bill and the economy. But then Trump brought the conversation around to the campaign and confronted Adelson about why he was not doing more to bolster his reelection. A person familiar with the call said it was apparent the president had no idea how much Adelson, who has donated tens of millions of dollars to pro-Trump efforts over the years, had helped him. GOP officials were alarmed the president had antagonized one of his biggest benefactors at a precarious moment in his campaign.

Trump Long Has Relied on Nondisclosure Deals to Prevent Criticism. That Strategy May Be Unraveling
Washington Post – Michael Kranish | Published: 8/7/2020

For decades, Donald Trump has relied on broadly worded nondisclosure agreements as a powerful weapon against anyone who would say something critical of him. Among those who have signed agreements are two ex-wives, contestants on “Th Apprentice,” campaign workers, and business associates. But this key element of Trump’s corporate and political strategy has shown signs of unraveling, even as his campaign spends heavily to enforce such agreements. Now, in one of the most sweeping efforts by a former associate to undo nondisclosure agreements, the Trump campaign’s former Hispanic outreach director filed her latest effort in a class-action suit to void all such campaign contracts.

Trump Teases a Gettysburg Convention Speech. Experts Say It’s an Ethics Breach.
New York Times – Michael Grynbaum and Annie Karni | Published: 8/10/2020

After repeatedly throwing a wrench into plans for the Republican National Convention this summer, President Trump tried to offer something tantalizing about the upcoming gathering, saying his renomination speech would take place either at the White House or the Civil War battlefield in Gettysburg. The battlefield, where Trump gave an indoor campaign speech in 2016, is federal property run by the National Park Service. This presents the same ethical conundrums his re-election team will face if the president delivers the speech from the South Lawn of the White House.

Trump’s Scottish and Irish Golf Resorts Spur a New Round of Scrutiny on His Businesses
Politico – Anita Kumar | Published: 8/11/2020

President Trump claimed his resorts in Scotland and Ireland brought in a total of about $179 million in revenue on U.S. documents where he is supposed to list his personal income. Records in the United Kingdom (UK) and Ireland indicate the revenues were millions of dollars less and they lost $77 million after accounting for expenses. Trump claimed the Scottish resorts alone were worth at least $100 million total in 2018 but the UK records indicate the resorts are not worth anywhere near that. The American Democracy Legal Fund is asking Manhattan District Attorney Cyrus Vance Jr. to probe whether Trump violated the law by filing false documents with the U.S. government to hide the financial health of himself and his company.

From the States and Municipalities

Arizona – Two PSPRS Trustees Claim Ethics Allegations Hurt Their Businesses, Seek $624,999 from State
Arizona Republic – Craig Harris | Published: 8/6/2020

Arizona Public Safety Personnel Retirement System (PSPRS) board members Will Buividas and Mike Scheidt are seeking $624,999 from the state, claiming their businesses were damaged after the pension board’s chairperson publicly questioned their ethics for making commissions on real estate deals with agency staff. The notices of claim from Buividas, a Phoenix police officer, and Scheidt, a Tempe firefighter, against the PSPRS and Chairperson Scott McCarty allege defamation, intentional infliction of emotional distress, and tortious interference with business relations.

California – CalPERS Chief’s Abrupt Resignation Preceded by Conflict of Interest Questions
Sacramento Bee – Wes Venteicher | Published: 8/6/2020

Questions regarding conflict-of-interest disclosures preceded the abrupt resignation of California Public Employees’ Retirement System (CalPERS) Chief Investment Officer Yu Ben Meng, according to the pension fund’s board members. The announcement came three days after financial blogger Susan Webber published a post alleging Meng filed incomplete and inconsistent conflict-of-interest disclosures, known as Form 700s, with the Fair Political Practices Commission. The forms show Meng has held investments in private equity firms and Chinese companies, two areas of investment in which his decisions have drawn scrutiny since his hiring in January 2019.

California – Campaign Finance Limits Coming to Riverside County
Riverside Press-Enterprise – Jeff Horseman | Published: 8/5/2020

A new California law would limit campaign contributions from individual donors to those running for supervisor or countywide offices such as sheriff and district attorney in Riverside County. Right now, there is no donation cap, although contributions of $1,000 or more must be reported online within 24 hours during election season. Assembly Bill 571 limits donors to giving a maximum of $4,700 per election to a candidate for county office. The new law allows counties to set their own limits if they do so before January 1. To that end, the board of supervisors voted to start working on county-set limits, an ordinance setting those restrictions is expected to come back to the board before December 31.

California – Huizar’s Relatives Not Expected to Face Charges in Corruption Probe, Prosecutor Says
Los Angeles Times – David Zahniser and Emily Alpert Reyes | Published: 8/5/2020

A federal prosecutor said his office does not intend to charge family members of Los Angeles City Councilperson Jose Huizar, identifying them as witnesses rather than targets of the ongoing “pay-to-play” probe. Three members of the Huizar family – his wife Richelle, hi mother Isidra, and his brother Salvador – are mentioned repeatedly in the 113-page indictment against the council member, who has pleaded not guilty to bribery, money laundering, racketeering, and other charges. Prosecutors have alleged Huizar family members laundered his bribe proceeds, receiving cash from the councilperson and then paying his bills.

California – LA Leaders Want to Bar Themselves from Voting on Matters Affecting Their Campaign Donors
Los Angeles Daily Breeze – Elizabeth Chou (Los Angeles Daily News) | Published: 8/12/2020

Los Angeles city officials would be barred from voting on any issue affecting individuals or organizations donating to their campaigns under an ethics proposal advanced by a handful of council members. Mayor Eric Garcetti recently expressed support for such a measure, which would be similar to the recusal rule he and others adhere to as board members of the Los Angeles Metropolitan Transportation Authority. The measure is being proposed as city leaders seek to restore public trust of City Hall amid an FBI probe into “pay-to-play” real estate development schemes involving public officials.

Florida – Florida NRA Lobbyist Loses in Latest Court Fight over Emails
Tampa Bay Times – Jim Saunders | Published: 8/11/2020

A federal appeals court rejected arguments by prominent National Rifle Association lobbyist Marion Hammer in a lawsuit centered on graphic emails she received from an attorney after the 2018 mass shooting at Marjory Stoneman Douglas High School in Broward County. A three-judge panel of the 11th U.S. Circuit Court of Appeals upheld a District Court judge’s decision to dismiss Hammer’s lawsuit against Lawrence Sorensen, who sent two emails to the lobbyist that included photos of gunshot wounds. Hammer raised a series of arguments in the case, including that Sorensen had violated Florida laws about cyberstalking, harassment, and intentional infliction of emotional distress.

Florida – Payments to Florida Lobbyist Flagged in Lawsuit Against NRA
Politico – Gary Fineout | Published: 8/6/2020

Marion Hammer, one of Tallahassee’s most well-known lobbyists, received payments from the National Rifle Association under contracts that were improperly handled, according to a civil lawsuit filed by New York Attorney General Letitia James. James is seeking to dissolve the gun rights group, which has been a major political force nationally and in Florida, where it successfully swayed the state Legislature to pass the state’s “stand your ground” law. without trying to retreat. The complaint describes payments made to “Board Member No. 5,” a person identified as the executive director of the Unified Sportsmen of Florida. Records list Hammer as executive director of the group.

Georgia – QAnon Supporter, with Georgia Primary Victory, Is Poised to Bring Far-Right Conspiracy Theory to Congress
MSN – Isaac Stanley-Becker and Rachael Bade (Washington Post) | Published: 8/12/2020

Republicans came a step closer to welcoming into their ranks a promoter of the QAnon conspiracy theory, whose adherents believe President Trump is battling a cabal of “deep state” saboteurs who worship Satan and traffic children for sex. Marjorie Taylor Greene, who has endorsed the baseless theory and made a slew of other racist remarks on video, won a Republican primary runoff in Georgia’s 14th Congressional District. Her victory, in a swath of the state that has favored Republicans by wide margins, sets her up to become QAnon’s first devotee in Congress.

Illinois – Former City Official Signals He Will Plead Guilty in Bribery Case as Federal Corruption Probe Widens
Chicago Tribune – David Heinzmann | Published: 8/9/2020

A longtime Chicago political operative who was charged in March with bribing a state lawmaker in the ongoing federal probe of Illinois political corruption signaled he may make a plea deal in the case, according to papers filed in U.S. District Court. Prosecutors have alleged William Helm, a former deputy commissioner of the Chicago Department of Aviation, paid at least $5,000 to former state Sen. Martin Sandoval in 2018 to influence the development of a road project near land owned by a construction company who employed him as a lobbyist. At the time, Sandoval was head of the Senate Transportation Committee and held significant influence over the approval of state road projects and the Illinois Department of Transportation.

Illinois – South Suburban Mayor Charged in Red-Light Camera Bribery Scheme
Chicago Tribune – Joe Mahr | Published: 8/7/2020

According to federal prosecutors, Crestwood Mayor Lou Presta was caught on a March 2018 recording accepting an envelope with $5,000 cash from a representative of the red-light camera firm SafeSpeed, and then lied to the FBI and IRS when asked about it that September. Prosecutors say Presta sought and received benefits from SafeSpeed representatives while company sought to expand its services in the Chicago suburb.  SafeSpeed has denied doing anything wrong and portrayed any misdeeds as the work of a rogue partner, Omar Maani, who is now believed to be cooperating with federal authorities.

Iowa – Iowa Gov. Kim Reynolds Signs Executive Order Restoring Felon Voting Rights, Removing State’s Last-in-the-Nation Status
USA Today – Stephen Gruber-Miller and Ian Richardson (Des Moines Register) | Published: 8/6/2020

Thousands of Iowans with felony convictions who have served their sentences can now participate in November’s presidential election after Gov. Kim Reynolds signed an executive order restoring their voting rights. Iowa was the last state in the nation that still banned all people with felony convictions from voting, even after the completion of their sentences, unless they applied individually to the governor’s office to have their rights restored. The issue received heightened attention this summer as protests for racial justice swept across the country after the death of George Floyd. Activists with Des Moines Black Lives Matter made the voting rights issue one of their top demands for the governor.

Maryland – Maryland Gov. Hogan OKs Plan for Just 360 Voting Centers Statewide for November Election Amid Lack of Poll Workers
Baltimore Sun – Emily Opilo and Pamela Wood | Published: 8/10/2020

Gov. Larry Hogan has approved a plan to offer just 360 voting centers across Maryland for the November election despite what he said were “serious concerns” about the proposal. Hogan’s decision gives the State Board of Elections authority to proceed with the voting center plan as an alternative to opening about 1,600 polling places this fall. The voting centers, unlike polling places, could be used by any voter in a county, and would be placed primarily at public high schools across the state. The board voted to recommend the plan in response to lobbying from local election directors, who said they would not be able to staff a full complement of polling places in the midst of the COVID-19 pandemic.

Maryland – Top Montgomery County Aide Resigns After Being Cited for Ethics Violations
Washington Post – Rebecca Tan | Published: 8/12/2020

Montgomery County’s chief administrative officer, Andrew Kleine, resigned after being cited for ethics violations. Kleine admitted in July to promoting his book while attending conferences paid for by the county and to having relationships with two private companies that landed county contracts after he assumed his role. Kleine did not receive financial compensation for connecting the companies with the county, but his actions still violated ethics law. He agreed to pay the county $5,000 for the ethics violations, but lawmakers said the punishment was insufficient. At least five county council members questioned whether Kleine should be allowed to continue in his position.

Michigan – Michigan Official to Resign After Defending Racist Slur
Associated Press News – John Flesher | Published: 8/9/2020

An elected official in northern Michigan who used a racist slur prior to a public meeting will resign. Tom Eckerle, a member of the Leelanau County road commission, will step down after receiving criticism from across the U.S. A local road commission meeting started with one commissioner asking Eckerle why he was not wearing a mask amid the coronavirus pandemic. “Well, this whole thing is because of them n—–s in Detroit,” Eckerle said. Despite the backlash, Eckerle later doubled down on his comments, defending his position in an interview with the local public radio station. “I don’t regret calling it a n—-r,” Eckerle said. “A n—-r is a n—-r is a n—-r. That’s not a person whatsoever.”

Montana – Helena Judge Again Takes Green Party Off Ballot
Helena Independent Record – Holly Michels | Published: 8/7/2020

The Montana Green Party will not be on the ballot this year after an order from Helena District Court Judge James Reynolds. Enough people asked for their signatures to be removed from petitions qualifying the Green Party for the ballot that the effort no longer met the necessary threshold, Reynolds found. More than 560 people submitted signature withdrawal requests following news reports the state Republican Party paid for the petitioning that qualified the Green Party. In a separate matter, the state Commissioner of Political Practices has found the Montana GOP’s actions broke state campaign finance laws.

New Mexico – Ethics Complaint Alleges Group Failed to Disclose Donors, and Suggests Connection to Prominent Lobbyist
New Mexico Political Report – Brian Metzger (New Mexico In Depth) | Published: 8/8/2020

Over the course of May and early June this year, a new group called the Council for a Competitive New Mexico (CCNM) spent over $130,000 on a media campaign supporting a group of incumbent state senators, most of whom would go on to lose as part of a progressive wave in June’s Democratic primary. The media campaign included several negative mailers and automated phone calls against candidates opposing the incumbents while the public was left in the dark about who organized the group and who funded the media campaign. Now, an ethics complaint filed with the secretary of state’s office alleges CCNM broke New Mexico’s election code by not disclosing its donors.

New York – JCOPE Commissioner: Non-Cuomo appointees left out of loop
Albany Times Union – Chris Bragg | Published: 8/11/2020

State ethics commissioners appointed by New York Gov. Andrew Cuomo are privy to information not available to others on the Joint Commission on Public Ethics (JCOPE), a commissioner charged. The allegation was made by Commissioner Gary Lavine, a Senate Republican appointee to JCOPE. From 2011 through 2018, Lavine had served on the ethics panel as an appointee of the governor. There are six Cuomo appointees on the commission and eight legislative appointees. Lavine said there was a “super commission” made up of the Cuomo appointees, a “two-tier hierarchy” of JCOPE. Lavine said he was echoing remarks to that effect made years ago by Ravi Batra, a former Senate Democratic appointee to the panel who resigned in 2012. But Batra’s sentiment is still true, Lavine said.

New York – New York Attorney General Seeks to Dissolve NRA
Associated Press News – Michael Sisak, Larry Neumeister, and Lisa Marie Payne | Published: 8/6/2020

New York Attorney General Letitia James took action to dissolve the National Rifle Association (NRA) following an 18-month investigation that found evidence the gun rights organization is “fraught with fraud and abuse.” The lawsuit alleges top NRA executives misused charitable funds for personal gain, awarded contracts to friends and family members, and provided contracts to former employees to ensure loyalty. Simultaneously, the Washington, D.C. attorney general sued the NRA Foundation, a charitable arm of the organization, accusing it of diverting funds to the NRA to help pay for lavish spending by its top executives.

New York – Trump Moves to Force Manhattan D.A. to Reveal Details of Inquiry
New York Times – Nicole Hong, William Rashbaum, and Benjamin Weiser | Published: 8/10/2020

President Trump, seeking to block a subpoena for his tax returns, plans to ask a federal judge to order the Manhattan district attorney, Cyrus Vance Jr., to disclose details about his investigation into the president’s business practices. The letter, which Trump’s lawyers wrote to the federal judge in Manhattan, was in response to a filing from prosecutors in Vance’s office, who argued they had wide legal basis to subpoena eight years of the president’s tax records and other financial documents. The office suggested it was investigating the president and his company for possible bank and insurance fraud, a significantly broader inquiry than prosecutors had acknowledged in the past.

North Carolina – New N.C. Campaign Spending Rule Ends Practice Berger Used
MSN – Gary Robertson (Associated Press) | Published: 8/11/2020

North Carolina legislators can no longer spend campaign committee money toward buying or renting homes or condominiums that they or family members own, a practice that powerful state Senate leader Phil Berger used for years. An administrative rule from the State Board of Elections that took effect recently bars such transactions for all state candidates or their campaign committees. The prohibition applies even if the residence is used as the result of holding office or if the payments are made to a business that the politician or officeholder owns. The Legislative Ethics Committee also approved new guidance in May that makes it “unethical” for a legislator to receive a daily expense check to cover lodging expenses while serving in Raleigh if the lawmaker gets them covered through another source.

Ohio – Householder Case: ‘Company C’ CEO Wayne Boich gave cash to HB 6 ‘dark money’ groups
MSN – Randy Ludlow (Columbus Dispatch) | Published: 8/5/2020

The leader of a Columbus-based firm that made its family fortune in Ohio coal provided $25,000 of the money used to open bank accounts for the “dark-money” nonprofit at the center of the House Bill 6 scandal. Wayne Boich, chief executive officer of Boich Companies, also later gave $100,000 to a for-profit company that spent nearly $1.5 million to support former House Speaker Larry Householder’s Republican candidates in the 2018 general election. Boich is the chief executive of “Company C,” listed in a federal court criminal complaint charging Householder and four others with racketeering, The Columbus Dispatch confirmed with a source close to the investigation.

Ohio – New Ohio Speaker Has His Own Ethics Issues Involving FirstEnergy
Sludge – David Moore | Published: 8/10/2020

After the House speaker was indicted for taking bribes from energy companies in what a U.S. Attorney called “likely the largest bribery scheme ever perpetrated against the state of Ohio,” a new speaker with deep financial ties to the same energy companies has been appointed. Republicans elected Rep. Bob Cupp to replace indicted Larry Householder as the House leader. The energy companies accused of bribing Householder and funneling “dark money” to Generation Now, a Householder-controlled 501(c)(4) group, have been major donors to Cupp over his career. Cupp has faced his share of ethics allegations stemming from his energy industry contributions.

Ohio – Ohio Secretary of State Frank LaRose: No extra ballot drop boxes for November election
Cleveland Plain Dealer – Andrew Tobias | Published: 8/12/2020

Ohio Secretary of State Frank LaRose said Wednesday he is banning county boards of elections from offering more than one drop box for completed absentee ballots this November, saying it is grown too late to make changes to how the state will administer this year’s presidential election. LaRose, a Republican, more than three weeks ago formally asked state Attorney General Dave Yost, also a Republican, for a legal opinion on whether the extra drop boxes were allowed under Ohio law. Democrats accused LaRose of voter suppression, saying the request of Yost was just a charade that would allow LaRose to eventually run out the clock.

Oregon – Supreme Court Puts a Halt to Oregon Redistricting Ballot Measure
OPB News – Dirk VanderHart and Jeff Mapes | Published: 8/11/2020

The U.S. Supreme Court stopped an effort to alter how Oregon draws its legislative and congressional districts. The court granted an emergency stay that will halt, for now, a push to land a measure on the November ballot placing authority for those districts in the hands of a nonpartisan commission. In July, a coalition successfully argued that due to the coronavirus pandemic, it faced an undue burden in collecting enough signatures to place its redistricting measure on the ballot. Even though it had too few signatures to qualify, U.S. District Court Judge Michael McShane ruled the group should face a lower standard. But the Supreme Court reversed that ruling.

North Dakota Secretary of State Al Jaeger confirmed a third measure to be on the November ballot.

Measure 3, a constitutional amendment put forth by Fargo-based North Dakota Voters First, makes several changes to election procedures.

This amendment creates paper record and audit requirements for ballots; requires ballots to be sent to military and overseas voters at least 61 days before an election; and makes the Ethics Commission responsible for state legislative redistricting procedures.

The amendment would also introduce an open primary system in which all candidates, regardless of party, would appear on a single ballot.

This would also have the top four candidates advancing to the general election.

A ranked-choice vote would decide the winner.

Additionally, if implemented, North Dakota would become only the second state in the country, after Maine, to employ a statewide ranked-choice system.

A North Dakota-based 501(c)(4) called Brighter Future Alliance is challenging the measure’s eligibility for the ballot.

The alliance is seeking a writ of injunction from the North Dakota Supreme Court prohibiting Jaeger from placing Measure 3 on the November 2020, general election ballot.

Campaign Finance

North Carolina: “New N.C. Campaign Spending Rule Ends Practice Berger Used” by Gary Robertson (Associated Press) for MSN

Elections

National: “Drawing Lessons from Chaotic Primaries, Election Officials Scrambled to Head Off Voting Problems in Tuesday’s Contests” by Amy Gardner and Dan Simmons for Washington Post

Georgia: “QAnon Supporter, with Georgia Primary Victory, Is Poised to Bring Far-Right Conspiracy Theory to Congress” by Isaac Stanley-Becker and Rachael Bade (Washington Post) for MSN

Oregon: “Supreme Court Puts a Halt to Oregon Redistricting Ballot Measure” by Dirk VanderHart and Jeff Mapes for OPB News

Ethics

National: “Trump’s Scottish and Irish Golf Resorts Spur a New Round of Scrutiny on His Businesses” by Anita Kumar for Politico

National: “Federal Appeals Court Skeptical of Michael Flynn’s Effort to Immediately Dismiss Criminal Charge” by Josh Gerstein and Kyle Cheney for Politico

California: “CalPERS Chief’s Abrupt Resignation Preceded by Conflict of Interest Questions” by Wes Venteicher for Sacramento Bee

New York: “JCOPE Commissioner: Non-Cuomo appointees left out of loop” by Chris Bragg for Albany Times Union

Lobbying

Florida: “Florida NRA Lobbyist Loses in Latest Court Fight over Emails” by Jim Saunders for Tampa Bay Times

Campaign Finance

Ohio: “New Ohio Speaker Has His Own Ethics Issues Involving FirstEnergy” by David Moore for Sludge

Elections

National: “Sen. Kamala D. Harris Named as Joe Biden’s Running Mate” by Amanda Erickson for Washington Post

Maryland: “Maryland Gov. Hogan OKs Plan for Just 360 Voting Centers Statewide for November Election Amid Lack of Poll Workers” by Emily Opilo and Pamela Wood for Baltimore Sun

Ethics

National: “Taking Protest to the Streets, and the Mayor’s Front Door” by Mike Baker and Nicholas Bogel-Burroughs (New York Times) for MSN

National: “Disinformation for Profit: How a Florida ‘dealmaker’ turns conservative outrage into cash” by Isaac Stanley Becker for Washington Post

National: “Trump Teases a Gettysburg Convention Speech. Experts Say It’s an Ethics Breach.” by Michael Grynbaum and Annie Karni for New York Times

National: “Appeals Court Rejects Key Argument Against McGahn Subpoena” by Josh Gerstein and Kyle Cheney for Politico

Illinois: “Former City Official Signals He Will Plead Guilty in Bribery Case as Federal Corruption Probe Widens” by David Heinzmann for Chicago Tribune

Michigan: “Michigan Official to Resign After Defending Racist Slur” by John Flesher for Associated Press News

New York: “Trump Moves to Force Manhattan D.A. to Reveal Details of Inquiry” by Nicole Hong, William Rashbaum, and Benjamin Weiser for New York Times

Oregon Lawmakers worked past 11 p.m. Monday to conclude a special session growing tense and at times openly hostile in the Senate earlier in the evening.

Lawmakers passed a dozen bills to patch a $1 billion hole in the state budget, tighten restrictions on police and corrections officers’ use of force and help out-of-work and underemployed Oregonians.

The public was not allowed into the Capitol due to coronavirus concerns and lawmakers only accepted written testimony on the bills.

This was the second special session of the year.

Lawmakers spent three days at the Capitol in June focused on police reform laws and a handful of other proposals left over from the regular session abruptly ending when Republican lawmakers walked out.

On August 7, the Federal Election Commission’s published its civil monetary penalty amounts adjusted for inflation in the Federal Register.

The potential fine for civil violations of federal campaign finance laws now ranges from $6,069 to $70,973.

The amounts are calculated through a statutory formula applying the most recent “cost-of-living adjustment multiplier,” issued by the Office of Management and Budget, to the current amounts.

The amended civil monetary penalties took effect as of August 7, the publication date.

Campaign Finance

National: “Trump Antagonizes GOP Megadonor Adelson in Heated Phone Call” by Alex Isenstadt for Politico

California: “Campaign Finance Limits Coming to Riverside County” by Jeff Horseman for Riverside Press-Enterprise

New Mexico: “Ethics Complaint Alleges Group Failed to Disclose Donors, and Suggests Connection to Prominent Lobbyist” by Brian Metzger (New Mexico In Depth) for New Mexico Political Report

Elections

National: “Postal Service Overhauls Leadership as Democrats Press for Investigation of Mail Delays” by Jacob Bogage (Washington Post) for Anchorage Daily News

Montana: “Helena Judge Again Takes Green Party Off Ballot” by Holly Michels for Helena Independent Record

Ethics

National: “There’s Been a Big Gray Area When It Comes to Cable News Contributors Dabbling in Political Campaigns” by Jeremy Barr for Washington Post

National: “Trump Long Has Relied on Nondisclosure Deals to Prevent Criticism. That Strategy May Be Unraveling” by Michael Kranish for Washington Post

Illinois: “South Suburban Mayor Charged in Red-Light Camera Bribery Scheme” by Joe Mahr for Chicago Tribune

Lobbying

Florida: “Payments to Florida Lobbyist Flagged in Lawsuit Against NRA” by Gary Fineout for Politico

On October 5, the city of Ottawa will hold a byelection to fill the municipal council seat left vacant by Stephen Blais.

The vacant Cumberland ward seat held by Blais, who left to serve as the Member of the Provincial Parliament (MPP) for Orléans, could have been filled by an appointment made by the council itself.

While Blais was elected as MPP in February, the council held off deciding about whether to have an election or make an appointment because of the COVID-19 pandemic. In July, the Ottawa Council agreed to allow voters the choice to fill the seat.

For the first time, electors will be allowed to apply to vote by special mail-in ballot should they feel uncomfortable about voting in person or be unable to make it to a voting location.