Gov. Mike Parson announced a special session of the General Assembly.

The session begins November 5 to focus on getting federal CARES Act funding distributed to the state.

This session is the second special session Parson has called this year.

The session does not affect lobbyist reporting.

The Ohio Joint Legislative Ethics Committee published a reminder they will not accept cash, money orders, or physical checks for payment of 2021 lobbying registration fees.

The online payment portal, accessible via the lobbyist’s OLAC account was established in 2019.

Registrations fees for 2021 must be paid electronically by VISA, MasterCard, or ACH.

Lobbyists may begin renewing registrations for legislative, executive, and retirement system engagements in OLAC on December 1.

The renewal option closes January 15, 2021.

Any lobbyist who does not complete the renewal process by January 15 must file a new initial registration statement.

The registration statement requires a signature page.

Campaign Finance

California: “SLO County Board Wants to Cap Campaign Conations at $25,000 – More Than 5 Times State Limit” by Lindsay Holden for San Luis Obispo Tribune

Elections

National: “Politicization of State Supreme Courts Looms Over Possibility of Contested Vote” by Olivia Rubin and Lucian Bruggeman for ABC News

National: “International Election Observers in the U.S. Consider This Year the Most Challenging Ever” by Carol Morello for Washington Post

Alabama: “Supreme Court Restores Ban on Curbside Voting in Alabama” by Josh Gerstein for Politico

Pennsylvania: “Ballots Can’t Be Tossed Out Over Voter Signature, Court Says” by Marc Levy for Associated Press News

Ethics

Connecticut: “FBI Probes New Haven City Contract; Harp Wiretapped, Says Fraudster Tried to Set Her Up” by Paul Bass (News Haven Independent) for Connecticut Mirror

Lobbying

National: “COVID-19 Legislation, Postelection Prep Keep K Street Busy” by Kate Ackley for Roll Call

Illinois: “Flossmoor Trustee Resigns So He Can Keep Lobbying Chicago City Hall” by Heather Cherone for WTTW

Oregon: “Kate Brown Struck Secret Deal with Oregon Homebuilders Over Wildfire Codes, Lobbyists Say on Tape” by Chris May for Street Roots

National/Federal

Back from the Supreme Court, House Pushes DC Circuit for Trump Financials
Courthouse News Service – Megan Mineiro | Published: 10/20/2020

A three-judge panel on the District of Columbia Circuit Court of Appeals indicated there is little need for a swift ruling in the legal battle over access to President Trump’s financial records The panel previously upheld the subpoena brought by the House but considered the case for the second time after the U.S. Supreme Court instructed it to reevaluate the House’s subpoena power. Democrats had hoped to have Trump’s past financial statements for campaign leverage. For Judge David Tatel, however, the more prudent move would be to wait until after the next Congress convenes on January 3. The case is one of several ongoing legal battles over the president’s refusal to comply with congressional oversight.

Ex-Interior Official Violated Trump Ethics Pledge by Meeting with Former Associates: Watchdog
The Hill – Rebecca Bietsch | Published: 10/21/2020

A former top Interior Department political appointee violated his ethics pledge by taking a meeting with an organization he previously volunteered for, according to a report from the department’s watchdog. Sources said the employee in question is Todd Wynn, the former head of the department’s Office of Intergovernmental and External Affairs. Wynn, now a lobbyist for a major Arizona utility, took a meeting with Rich Lindsey, an energy committee policy consultant from the Council of State Governments. Wynn previously was on the board of trustees for the Council of State Governments 21st Century Foundation.

Former Top Trump Fundraiser Elliott Broidy Pleads Guilty to Foreign Lobbying Charge
Miami Herald – Ben Wieder | Published: 10/20/2020

Elliott Broidy, a top fundraiser for Donald Trump’s 2016 presidential campaign and, at the time, the Republican National Committee, pleaded guilty to a charge of conspiring to serve as an unregistered foreign agent. He faces a maximum penalty of five years in prison and a $250,000 fine and has agreed to forfeit $6.6 million he was paid for his work. The charge is related to his efforts to arrange meetings with top American officials to help quash a U.S. investigation into the 1MDB Malaysian embezzlement scheme and to push for the deportation of Chinese dissident Guo Wengui. Broidy agreed he acted as a foreign agent in his efforts.

Full Federal Appeals Court in D.C. to Weigh House Subpoena to Ex-White House Counsel Donald McGahn
Washington Post – Spencer Hsu | Published: 10/15/2020

The full U.S. Court of Appeals for the District of Columbia Circuit revived the House of Representatives’ attempt to enforce a subpoena to former White House counsel Don McGahn but cautioned the case could go unresolved once this Congress’s term ends in January. The appeals court said it will revisit a three-judge panel decision to dismiss the House lawsuit, which came after the White House claimed key presidential aides are “absolutely immune” from compelled testimony to Congress. The panel found Congress has not passed a law expressly authorizing it to sue to enforce its subpoenas.

How Trump Plowed Through $1 Billion, Losing Cash Advantage
Associated Press News – Brian Slodysko and Zeke Miller | Published: 10/20/2020

Some campaign aides for President Trump privately acknowledge they are facing difficult spending decisions at a time when Joe Biden has flooded the airwaves with advertising, even though Trump’s political operation has raised well over $1 billion since he took the White House in 2017. That has put Trump in the position of needing to do more of his signature rallies as a substitute during the coronavirus pandemic while relying on an unproven theory that he can turn out supporters who are infrequent voters at historic levels. “You could literally have 10 monkeys with flamethrowers go after the money, and they wouldn’t have burned through it as stupidly,” said Republican consultant Mike Murphy.

Lobbyists Face Challenges Meeting Newly Elected Lawmakers in November
The Hill – Alex Gangitano | Published: 10/15/2020

Lobbyists are preparing for the difficulty of virtually getting to know newly elected members of Congress when they come to Washington, D.C. for orientation in November. A victory by Joe Biden would make that task even harder given the influx of new aides and administration officials. In all, lobbyists could find themselves navigating the challenges of trying to meet new leadership, committee, agency, and administration staffers in a pandemic without in-person meetings or the fundraisers that typically populate K Street’s calendar shortly after a general election.

On the Job and On the Stump, Cabinet Officials Flout Hatch Act
Bloomberg Law – Stephen Lee, Megan Boyanton, Andrew Kreigbaum, Shaun Courtney, and Alex Ruoff | Published: 10/14/2020

Under President Trump, allegations of violations of the Hatch Act, which clamps down on political activities of government employees while they are on the job, have come at a rate not seen in previous administrations, but there have been few consequences. Two agencies have a role in enforcing Hatch Act violations: the Justice Department, which handles criminal cases, and the Office of Special Counsel (OSC), which takes on civil violations. But while the OSC sometimes makes Hatch Act findings, the Justice Department rarely does, said David Gergen, a professor of public service at the Harvard Kennedy School.

Supreme Court Tees Up Census Case Over Whether Trump Can Exclude Undocumented Immigrants
Politico – Steven Shepard | Published: 10/16/2020

The U.S. Supreme Court will hear arguments over whether President Trump can exclude undocumented immigrants from the census count used to apportion congressional districts to the 50 states. The court’s announcement teed up oral arguments in the case for November 30, an accelerated timeline that paves the way for a potential decision before the Census Bureau is set to deliver the population counts to Trump’s desk at the end of the year. In July, Trump issued a memorandum in July, asking the Census Bureau to subtract undocumented immigrants from the count for the purposes of congressional apportionment, the reallocation of the nation’s 435 House districts every 10 years.

The Big Role That Big Donors Still Play, Quietly, for Joe Biden
New York Times – Shane Goldmacher | Published: 10/20/2020

While Joe Biden’s campaign has trumpeted the small donations flooding in at record rates, the elite world of billionaires and multimillionaires has remained a critical cog in the Biden money machine. As the size of checks has grown, the campaign has become less transparent, declining so far to disclose the names of its most influential bundlers. From Hollywood to Silicon Valley to Wall Street, Biden’s campaign has aggressively courted the megadonor class. It has raised almost $200 million from donors who gave at least $100,000 to his joint operations with the Democratic Party in the last six months, about twice as much as President Trump raised from six-figure donors in that time.

Trump Records Shed New Light on Chinese Business Pursuits
New York Times – Mike McIntire, Russ Buettner, and Susanne Craig | Published: 10/20/2020

President Trump and his allies have tried to paint Joe Biden as soft on China, in part by pointing to his son’s business dealings there. But Trump’s own business history is filled with overseas financial deals, and some have involved the Chinese state. It turns out China is one of only three foreign nations where Trump maintains a bank account. The foreign accounts do not show up on Trump’s public financial disclosures, where he must list personal assets, because they are held under corporate names. The Chinese account is controlled by Trump International Hotels Management LLC, which records show paid $188,561 in taxes in China while pursuing licensing deals there from 2013 to 2015.

Twitter Changes Policy That Blocked a New York Post Story About Biden’s Son
Washington Post – Elizabeth Dwoskin | Published: 10/15/2020

Twitter changed a rule about hacked materials that resulted in blocking a controversial New York Post story about the alleged emails of Joe Biden’s son. The link to the New York Post story will still be blocked under a policy that prohibits sharing people’s personal information. Twitter executive Vijaya Gadde tweeted that the company made the decision after receiving “feedback” that the policy on hacked materials as written could result in undue censorship of journalists and whistleblowers. Going forward, Twitter will remove content only if it is directly posted by hackers or those acting in concert with them. It will label more questionable tweets.

U.S. Government Concludes Iran Was Behind Threatening Emails Sent to Democrats
MSN – Ellen Nakashima, Amy Gardner, Isaac Stanley-Becker, and Craig Timberg (Washington Post) | Published: 10/22/2020

U.S. officials accused Iran of targeting American voters with faked but menacing emails and warned both Iran and Russia had obtained voter data that could be used to endanger the upcoming election. The disclosure by Director of National Intelligence John Ratcliffe at a hastily called news conference marked the first time this election cycle that a foreign adversary has been accused of targeting specific voters in a bid to undermine democratic confidence. The claim that Iran was behind the email operation, which came into view as Democrats in several states reported receiving emails demanding they vote for President Trump, was leveled without specific evidence. Other U.S. officials, speaking privately, stressed that Russia still remained the major threat to the 2020 election.

White House Was Warned Giuliani Was Target of Russian Intelligence Operation to Feed Misinformation to Trump
MSN – Shane Harris, Ellen Nakashima, Greg Miller, and Josh Dawsey (Washington Post) | Published: 10/15/2020

The intelligence agencies warned the White House last year that Russian intelligence officers were using President Trump’s personal lawyer Rudolph Giuliani as a conduit for disinformation aimed at undermining Joe Biden’s presidential run. Trump and Giuliani have promoted unsubstantiated claims about Biden that have aligned with Russian disinformation efforts, and Giuliani has met with a Ukrainian lawmaker whom American officials believe is a Russian agent. When national security adviser Robert O’Brien cautioned Trump in a private conversation, Trump dismissed concern about Giuliani’s activities by saying, “That’s Rudy.”

Canada

Canada – Campaign Donation Limits in B.C. Have Levelled Playing Field, CBC Analysis Finds
CBC – Tara Carman | Published: 10/21/2020

A ban on union and corporate donations to British Columbia political parties and a cap on the amount individuals can give has hurt the provincial Liberals the most, a CBC News analysis found. The ban was introduced by the New Democratic Party (NDP) government in November 2017. Even though British Columbia’s two largest parties both used to accept tens of thousands of dollars from deep-pocketed donors – unions in the case of the NDP and businesses in the case of the Liberals, for the most part – the Liberals were more dependent on those contributions. Donations of $250 or less collectively form the biggest piece of the donation pie for all three parties. This was also true before the rule change, but the limits have made those types of contributions more important.

Canada – Lobbyists Must Now Report Their Activities
Whitehorse Daily Star – Gabrielle Plonka | Published: 10/21/2020

Lobbyists are now required to report their activities in the Yukon Territory with the implementation of the Lobbyist Registration Act. Lobbyists are responsible for registering and entering their information online. A 90-day grace period from October 15 is in effect, to allow for lobbyists to learn and adhere to the new reporting requirements. All lobbyists must register by January 13, 2021. David Jones, the Yukon’s conflict of interest commissioner, is responsible for maintaining and overseeing the Lobbyist Registry.

Canada – Supreme Court Declines to Hear Appeal in Aga Khan Lobbying Case
CTV – Jim Bronskill (Canadian Press) | Published: 10/15/2020

A new court ruling means the federal lobbying commissioner will not be taking a fresh look at whether the Aga Khan broke rules by giving Prime Minister Justin Trudeau a vacation in the Bahamas. The Supreme Court of Canada refused to hear an appeal in the matter from Democracy Watch. In September 2017, then-Commissioner Karen Shepherd said there was no basis to a complaint that the Aga Khan, a billionaire philanthropist and religious leader, had violated the code for lobbyists by allowing Trudeau and his family to stay on his private island in the Caribbean the previous Christmas.

From the States and Municipalities

California – City Clerk Sent People’s Credit Card Numbers to Jailed Husband
Patch – City News Service | Published: 10/21/2020

The Los Angeles Ethics Commission imposed a fine of $7,500 against Lorena Saucillo, a former city clerk who sent people’s credit card information to her incarcerated husband. On two occasions, Saucillo recorded credit card information provided by landlords who were paying city fees. Using her city email address, Lorena sent the credit card information to a personal email account accessible to her husband, whom she knew was intending to use the information for fraudulent purposes, the commission said.

California – Community Newspaper Backed by Former Irvine Mayor and Current Council Candidate Draws Criticism
Los Angeles Times – Ben Brazil | Published: 10/20/2020

An Irvine community newspaper backed by a former mayor and City Council candidate is drawing criticism from academics and council members who consider it misleading to residents. Some have called Irvine Community News & Views biased in favor of Larry Agran, the longstanding local politician who helped get the newspaper started. Agran said in an interview that the newspaper, which claims a circulation of 66,500, is legitimate and just like any other. Agran credited publisher and friend Frank Lunding with starting and running the paper. “I have written for it. I am proud of it. I help Frank wherever I can. I help recruit writers for him,” Agran said.

California – Loops, Slants and Crossed ‘T’s’: How election workers verify voter signatures
San Diego Union Tribune – John Wilkens | Published: 10/18/2020

Election workers eyeballing the signatures of San Diego County voters are at the heart of a screening process that happens before mail ballots for the November 3 election are counted. Workers compare scanned images of voters’ return-envelope signatures with samples already on file at the county Registrar of Voters. It is how they verify the person returning a ballot is the person it was sent to, a safeguard against fraud. Exact matches are not required. Instead, the workers are checking similarities  in characteristics such as the slant of the letters, the spacing between the first and last names, and how the “I’s” are dotted and the “t’s” crossed.

California – Main Witness in Santa Clara County Concealed-Gun Bribery Case Pleads Guilty
San Jose Mercury News – Robert Salonga | Published: 10/19/2020

Former AS Solution security manager Martin Nielsen, the primary witness who implicated a sheriff’s captain and three others in an alleged bribery scheme to trade political donations supporting Santa Clara County Sheriff Laurie Smith for concealed-carry weapons permits, pleaded guilty to misdemeanor charges for his role in the ploy. According to the indictment, Nielsen and two others conspired with the four main defendants to obtain up to a dozen concealed-carry weapons permits from the sheriff’s office in exchange for $90,000 in donations to groups that supported Smith.

Colorado – Facing a Deluge of Misinformation, Colorado Takes the Offensive Against It
New York Times – Nick Corasaniti and Davey Alba | Published: 10/20/2020

In 2019, Colorado Secretary of State Jena Griswold saw a tweet falsely claiming her state’s election system had been hacked. The flare-up was another reminder of how pervasive election misinformation had become since the 2016 presidential election. To prevent deceptive tweets, doctored videos, and other forms of misinformation from undermining Colorado’s elections, Griswold is starting a new initiative that will run ads on social media and expand digital outreach to help voters identify foreign misinformation. Griswold and other secretaries of state are bracing for a deluge of misinformation about voting as Election Day draws closer, forced to defend a decentralized election system that has shown a particular weakness to the impact of rumors and outright lies.

Florida – Appeals Court Rejects NRA Lobbyist’s Case Over Graphic Parkland Massacre Emails
South Florida Sun Sentinel – Jim Saunders (News Service of Florida) | Published: 10/21/2020

A full federal appeals court rejected a request by National Rifle Association lobbyist Marion Hammer to take up a case about graphic emails she received after the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland. Hammer asked for the full 11th U.S. Circuit Court of Appeals to hear her case against attorney Lawrence Sorensen, who emailed photos to Hammer that included photos of gunshot wounds. The request came after U.S. District Court Judge Robert Hinkle and a three-judge panel of the appeals court ruled against Hammer, who alleged Sorensen violated state laws about issues such as cyberstalking, harassment, and intentional infliction of emotional distress.

Florida – In Last-Minute Push, DeSantis Administration Urges Florida Election Officials to Remove Felons Who Owe Fines from Voting Rolls
Washington Post – Beth Reinhard and Lori Rozsa | Published: 10/20/2020

Florida Gov. Ron DeSantis’s administration delivered last-minute guidance to local election officials recommending measures that voting-rights advocates say could intimidate or confuse voters, the latest salvo in a pitched battle over who is able to cast ballots in a state crucial to President Trump’s reelection. In a notice sent to local election officials, Division of Elections Director Maria Matthews urged them to remove from the voter rolls people with felony convictions who still owe court fines and fees, a move that local officials said is impossible to accomplish before Election Day. A second memo from Secretary of State Laurel M. Lee’s general counsel recommended that election staff or law enforcement guard all mail ballot drop boxes, a step that local election officials say is not required under the law.

Florida – Orlando Airport Leaders Will Review Their Lobbying Rules Following Sentinel Report
Orlando Sentinel – Jason Garcia | Published: 10/21/2020

The agency that runs Orlando International Airport will reexamine its lobbying rules after The Orlando Sentinel reported that a prominent lobbyist broke those rules over the summer but did not face any consequences. Christina Daly Brodeur, a lobbyist at Ballard Partners, called four board members in July on behalf of a client. The rules require lobbyists to report their contacts with board members within one week. Brodeur did not disclose her calls until nearly three months later.

Illinois – Chicago Mayor Exchanged Emails with Lobbyist as City Ethics Board Declined to Enforce Lobbying Ban
MSN – John Byrne and Gregory Pratt (Chicago Tribune) | Published: 10/20/2020

Mayor Lori Lightfoot exchanged emails with lobbyist and Flossmoor Trustee Gyata Kimmons months after a law took effect banning elected public officials from lobbying Chicago City Hall. Kimmons emailed Lightfoot on behalf of a real estate company with tenants at O’Hare International Airport. The back-and-forth occurred after Lightfoot introduced a proposal that would have rolled back part of the ordinance that prohibited elected officials such as Kimmons from lobbying city officials while keeping his elected post. Alderman rejected Lightfoot’s plan but while it was pending, Kimmons continued to lobby the city. During that time, the Chicago Board of Ethics declined to enforce the restrictions against lobbying by elected officials on the grounds that if Lightfoot’s proposal passed, it would nullify them.

Illinois – Cook County Commissioner Is Part Owner of and Worked for a Cannabis License Applicant, Which Critics Say She Should Have Disclosed Sooner
Chicago Tribune – Robert McCoppin | Published: 10/15/2020

Cook County Commissioner Bridget Degnen, who is a former Illinois cannabis regulator, said she is part owner of a company that is applying for cannabis licenses and she was paid to write the applications. The state’s “revolving door” law, meant to keep state workers from immediately switching from regulating an industry to participating in it, prohibits any regulatory worker from accepting compensation from any entity which that person “substantially” regulated, within one year of their state employment. Effective next year, the law will prohibit any state workers who participated substantially in awarding cannabis licenses from holding ownership in any cannabis license for two years after they leave their state jobs. Degnen said she was out of her state job for two years before she joined AmeriCanna Dream late last year.

Illinois – Illinois Dems Slam GOP Candidate for Taking Donations from Red-Light Camera Biz – but Madigan’s Ties to Industry Run Deep
Chicago Sun-Times – Robert Herguth | Published: 10/18/2020

The Illinois Democratic Party has been deluging potential voters in the general election with campaign mailers taking aim at Republican state Rep. Bradley Stephens for taking donations from one of the new bogeymen of Illinois politics: the red-light camera industry. But records also reveal House Speaker Michael Madigan, who runs the state Democratic Party and has been bankrolling the campaign of Stephens’ opponent, has accepted generous campaign checks from red-light camera companies and people affiliated with them for many years. Madigan’s campaign funds have also accepted donations from officials tied to SafeSpeed, which has been swept up in an ongoing federal corruption investigation.

Kansas – Wichita Man Arrested for Allegedly Threatening to Kidnap and Kill Mayor Over City’s Mask Mandate, Police Say
Washington Post – Timothy Bella | Published: 10/19/2020

When Wichita Mayor Brandon Whipple was told about the series of text messages sent to another city official, the mayor said he noticed the man, frustrated by the city’s mask mandate to help prevent the spread of the coronavirus, had spelled out a graphic, specific threat to kidnap and kill him. The Wichita Police Department confirmed that Meredith Dowty was arrested on a charge of criminal threat for allegedly sending the frightening texts directed at Whipple. The arrest in Kansas’s largest city follows a disturbing trend of alleged abduction plots involving elected officials nationwide.

Kentucky – Ethics Problems in Kentucky County Government? Many Have No Ethics Boards to Look.
MSN – Bill Estep (Lexington Herald-Leader) | Published: 10/14/2020

Dozens of Kentucky counties are failing to fully follow a law requiring financial disclosure by officials and having local boards to handle ethics issues, according to state Auditor Mike Harmon’s office. Harmon said his office surveyed counties on the issue because it has referred findings about potential problems to county ethics boards, only to find there was no active board. In addition to violating the law, the widespread county shortcomings could undermine confidence in government, Harmon said.

Maryland – Maryland Lawmakers Issue Subpoena to Hogan’s Former Chief of Staff Over Six-Figure Payout
Baltimore Sun – Pamela Wood | Published: 10/15/2020

State lawmakers issued subpoenas for Maryland Gov. Larry Hogan’s former chief of staff, Roy McGrath, and Matthew Sherring, who worked for McGrath at the Maryland Environmental Service (MES), to appear before a committee investigating McGrath’s six-figure payout from his prior job at a state agency. McGrath left his position as Hogan’s top aide four days after The Baltimore Sun reported he negotiated a payout worth more than $238,000 when he left the MES. It was also reported The Sun subsequently reported that McGrath and other executives earned tens of thousands of dollars in annual bonuses, and he was paid more than $55,000 in expense reimbursements for travel, meetings, and meals after he left the agency.

Michigan – Michigan Appeals Court Reinstates Election Day Mail-In Ballot Deadline as Early Voting Surge Continues
Washington Post – Elise Viebeck, John Glionna, and Douglas Moser | Published: 10/17/2020

A state appeals court in Michigan moved up the deadline for voters to return mail-in ballots, reimposing a cutoff favored by Republicans during a continuing surge in early and mail-in voting around the country. A panel from the Michigan Court of Appeals reversed a lower court’s ruling that said ballots could be counted if they were postmarked before Election Day and received within 14 days. The extension would have made Michigan’s deadline one of the most generous in the country. Voters in the state now must return their mail-in ballots by eight p.m. on November 3.

Montana – Montana’s Political Cop Finds Cooney Violated Campaign Finance Rules
Bozeman Daily Chronicle – Perrin Stein | Published: 10/19/2020

Montana Commissioner of Political Practices Jeff Mangan found Lt. Gov. Mike Cooney, who is running for governor against U.S. Rep. Greg Gianforte, failed to properly report in-kind contributions from the Democratic Governors Association (DGA) and also accepted donations beyond the state limit from the group. The Cooney campaign and the DGA worked on a statewide advertising campaign criticizing Gianforte for his alleged support of a sales tax. Mangan said the Cooney campaign failed to disclose the costs associated with a website that was a component of the advertising campaign as an in-kind contribution from the DGA.

New Mexico – NM Investment Scandal Winds Down
Albuquerque Journal – Mike Gallagher | Published: 10/17/2020

The New Mexico Supreme Court effectively closed the books on state investment scandals involving “pay-to-play” schemes beginning in 2004 that cost taxpayers hundreds of millions of dollars in investments that went south. The court upheld earlier rulings that rejected a challenge to a $24.5 million settlement reached between lawyers for the Educational Retirement Board (ERB) and State Investment Council with Vanderbilt Capital Advisors. The state lost more than $100 million on its Vanderbilt investments, and the settlement had been challenged as inadequate by Frank Foy, former chief investment officer at the ERB.

North Carolina – Federal Appeals Court Won’t Lift North Carolina Ballot-Receipt Extension
Politico – Josh Gerstein | Published: 10/21/2020

A divided federal appeals court denied an attempt by Republicans to block an agreement by North Carolina officials allowing absentee ballots in the November election to be counted if they are postmarked by Election Day and received up to nine days later. North Caolina typically counts absentee ballots that arrive up to three days after the election, but the State Board of Elections agreed to extend that window to nine days due to the increased ballot requests related to the coronavirus pandemic, as well concerns about mail delays due to recent Postal Service changes.

Ohio – Ex-House Speaker Runs for Reelection Despite Federal Charges
Associated Press News – Farnoush Amiri | Published: 10/17/2020

Ohio Rep. Larry Householder is likely to win reelection this year despite being indicted on racketeering charges in the alleged bribery scheme to pass a bailout of two nuclear power plants. House members considered removing Householder from the chamber immediately but, if they did so before November 3, voters would be able to reelect him and a lawmaker cannot be expelled twice. The only option now for both parties is to wait until the legislative session begins in January to consider expelling or impeaching him. If reelected, Householder would be automatically removed from office if he is convicted as state law prohibits anyone convicted of a felony or bribery charges from holding public office.

Ohio – Indicted Lobbyist Caims Jay Edwards Is ‘Representative 8’ in HB6 Affidavit, Report Says
Athens News – Ben Peters | Published: 10/16/2020

Neil Clark, a longtime Columbus lobbyist who was indicted in a corruption probe, said Ohio Rep. Jay Edwards is “Representative 8” in the federal affidavit connected to the House Bill 6 scandal. Clark said he, Edwards, then-House Speaker Larry Householder, an aide, and two clients – who Clark reportedly believed to be working undercover with the FBI – met in September 2019 at the Aubergine Club, where they discussed the importance of defeating the ballot initiative campaign that aimed to repeal House Bill 6. Edwards, who served as majority whip, said he does not recall attending the meeting, but he never explicitly denied it occurred.

Oregon – Oregon Public Employee Unions, Interest Groups Launch Neutral-Looking Election Website to Sway Voters
Portland Oregonian – Hillary Borrud | Published: 10/15/2020

Oregon voters who go online to search for information about the election are likely to find a website called the “2020 Oregon voter guide” at the top of their search results. Thanks to paid search engine ads, that website shows up before the state’s official voters’ guide. It looks neutral and informational, but it endorses only Democrats and urges a “yes” vote on all four statewide ballot measures. Campaign finance data shows at least one candidate and some state and local ballot measures endorsed by the guide are paying the PAC that produced it. That information is not listed on the website, nor on political mailers.

Pennsylvania – Supreme Court Allows Pennsylvania to Count Ballots Received Up to 3 Days After Election Day
USA Today – Richard Wolf | Published: 10/19/2020

The U.S. Supreme Court ruled absentee ballots in Pennsylvania can be received up to three days beyond Election Day, setting a precedent that could apply to some other states as well. The justices’ order establishes the ground rules for mail-in voting in one of the nation’s key battleground states. The ruling could have an impact in other states where the deadline for mail-in ballots has been the subject of court battles. Those include Michigan, North Carolina, Wisconsin, Minnesota, Georgia, Indiana, and Montana.

Rhode Island – What’s in a Semicolon? Punctuation Is Key as Lawyers Offer Last Arguments in Political Operative Jeffrey Britt’s Case
MSN – Kate Mulvaney (Providence Journal) | Published: 10/19/2020

Final written arguments were submitted in the trial of Jeremy Britt, a campaign operative for Rhode Island House Speaker Nicholas Mattiello. The arguments did not focus solely on Britt’s guilt or innocence on the most serious charge he faces – allegedly funneling money through a once-rival Republican’s campaign to hide his own role in arranging and financing a mailer endorsing Mattiello. At the judge’s request, they also addressed the significance of the punctuation in the state’s money-laundering law. More specifically, whether placement of commas and semicolons should determine Britt’s fate.

Wyoming – Secretary of State Will Require Gun Rights Group to Disclose Donors
Casper Star Tribune – Nick Reynolds | Published: 10/20/2020

The Wyoming Secretary of State’s Office ordered a pro-gun lobbying organization to reveal its donors after a summer in which the group flooded Wyoming with dozens of ads disparaging a number of sitting lawmakers in competitive races. The office said Wyoming Gun Owners failed to comply with state campaign finance law by not reporting the electioneering communications. The gun owners group now has until November 4 to release the names of its donors or face a $500 fine. If the group refuses to comply, the case will then go to the state attorney general.

Campaign Finance

Canada: “Campaign Donation Limits in B.C. Have Levelled Playing Field, CBC Analysis Finds” by Tara Carman for CBC

Elections

National: “Threatening Emails Reportedly Sent to Democratic Voters in Three Swing States, Sparking Investigations” by Craig Timberg and Isaac Stanley-Becker (Washington Post) for Seattle Times

North Carolina: “Federal Appeals Court Won’t Lift North Carolina Ballot-Receipt Extension” by Josh Gerstein for Politico

Ethics

National: “Trump Records Shed New Light on Chinese Business Pursuits” by Mike McIntire, Russ Buettner, and Susanne Craig for New York Times

California: “Community Newspaper Backed by Former Irvine Mayor and Current Council Candidate Draws Criticism” by Ben Brazil for Los Angeles Times

California: “City Clerk Sent People’s Credit Card Numbers to Jailed Husband” by City News Service for Patch

Lobbying

National: “Former Top Trump Fundraiser Elliott Broidy Pleads Guilty to Foreign Lobbying Charge” by Ben Wieder for Miami Herald

Illinois: “Chicago Mayor Exchanged Emails with Lobbyist as City Ethics Board Declined to Enforce Lobbying Ban” by John Byrne and Gregory Pratt (Chicago Tribune) for MSN

Wyoming: “Secretary of State Will Require Gun Rights Group to Disclose Donors” by Nick Reynolds for Casper Star Tribune

The Bureau of Elections posted the Lobby Registration Act 2021 Reporting Thresholds.

This changes every year in January to reflect the change in the consumer price index for Detroit.

The threshold for a lobbyist compensating a lobbyist agent or other employee increased from $2,525 to $2,575 for any 12-month period.

The financial transaction threshold between a registered lobbyist or lobbyist agent and a public official increased from $1,275 to $1,300.

Travel and lodging reimbursements increased from $825 to $850.

Food and beverage expenditures for a public official increased from $63 to $64 in any month.

Meanwhile, the $400 threshold for food and beverages purchased between January 1 and the end of the reporting period remains the same as last year.

Employee reimbursements increased from $25 to $26, and the general gift threshold also increased from $63 to $64.

Late filing fees increased from $25 a day up to a maximum of $750, to $26 and a $780 maximum.

The registration threshold of $650 for a lobbyist agent or a lobbyist’s expenditure on one public official during a 12-month period and exempt expenditures at $13, remain the same as last year.

Campaign Finance

National: “How Trump Plowed Through $1 Billion, Losing Cash Advantage” by Brian Slodysko and Zeke Miller for Associated Press News

National: “The Big Role That Big Donors Still Play, Quietly, for Joe Biden” by Shane Goldmacher for New York Times

Montana: “Montana’s Political Cop Finds Cooney Violated Campaign Finance Rules” by Perrin Stein for Bozeman Daily Chronicle

Rhode Island: “What’s in a Semicolon? Punctuation Is Key as Lawyers Offer Last Arguments in Political Operative Jeffrey Britt’s Case” by Kate Mulvaney for Providence Journal

Elections

Colorado: “Facing a Deluge of Misinformation, Colorado Takes the Offensive Against It” by Nick Corasaniti and Davey Alba for New York Times

Ohio: “Ex-House Speaker Runs for Reelection Despite Federal Charges” by Farnoush Amiri for Associated Press News

Pennsylvania: “Supreme Court Allows Pennsylvania to Count Ballots Received Up to 3 Days After Election Day” by Richard Wolf for USA Today

Ethics

National: “Back from the Supreme Court, House Pushes DC Circuit for Trump Financials” by Megan Mineiro for Courthouse News Service

California: “Main Witness in Santa Clara County Concealed-Gun Bribery Case Pleads Guilty” by Robert Salonga for San Jose Mercury News

Campaign Finance

Illinois: “Illinois Dems Slam GOP Candidate for Taking Donations from Red-Light Camera Biz – but Madigan’s Ties to Industry Run Deep” by Robert Herguth for Chicago Sun-Times

Elections

California: “Loops, Slants and Crossed ‘T’s’: How election workers verify voter signatures” by John Wilkens for San Diego Union Tribune

Michigan: “Michigan Appeals Court Reinstates Election Day Mail-In Ballot Deadline as Early Voting Surge Continues” by Elise Viebeck, John Glionna, and Douglas Moser for Washington Post

Ethics

National: “Full Federal Appeals Court in D.C. to Weigh House Subpoena to Ex-White House Counsel Donald McGahn” by Spencer Hsu for Washington Post

National: “Supreme Court Tees Up Census Case Over Whether Trump Can Exclude Undocumented Immigrants” by Steven Shepard for Politico

National: “On the Job and On the Stump, Cabinet Officials Flout Hatch Act” by Stephen Lee, Megan Boyanton, Andrew Kreigbaum, Shaun Courtney, and Alex Ruoff for Bloomberg Law

Kansas: “Wichita Man Arrested for Allegedly Threatening to Kidnap and Kill Mayor Over City’s Mask Mandate, Police Say” by Timothy Bella for Washington Post

New Mexico: “NM Investment Scandal Winds Down” by Mike Gallagher for Albuquerque Journal

Ohio: “Indicted Lobbyist Caims Jay Edwards Is ‘Representative 8’ in HB6 Affidavit, Report Says” by Ben Peters for Athens News

Lawmakers adjourned the fifth special session of the Legislature on October 15 after passing four bills.

This included the bonding bill, which requires a three-fifths supermajority in each house to pass.

Gov. Tim Walz called the session to extend the COVID-19 peacetime emergency by 30 days.

Walz is obligated by law to call a special session for lawmakers to approve the emergency declaration.

Campaign Finance

Oregon: “Oregon Public Employee Unions, Interest Groups Launch Neutral-Looking Election Website to Sway Voters” by Hillary Borrud for Portland Oregonian

Elections

Florida: “Florida Acts to Remove Felons from Voter Rolls as Election Looms” by Gary Fineout for Politico

Ethics

National: “Twitter Changes Policy That Blocked a New York Post Story About Biden’s Son” by Elizabeth Dwoskin for Washington Post

National: “White House Was Warned Giuliani Was Target of Russian Intelligence Operation to Feed Misinformation to Trump” by Shane Harris, Ellen Nakashima, Greg Miller, and Josh Dawsey (Washington Post) for MSN

Illinois: “Cook County Commissioner Is Part Owner of and Worked for a Cannabis License Applicant, Which Critics Say She Should Have Disclosed Sooner” by Robert McCoppin for Chicago Tribune

Kentucky: “Ethics Problems in Kentucky County Government? Many Have No Ethics Boards to Look.” by Bill Estep (Lexington Herald-Leader) for MSN

Maryland: “Maryland Lawmakers Issue Subpoena to Hogan’s Former Chief of Staff Over Six-Figure Payout” by Pamela Wood for Baltimore Sun

Lobbying

National: “Lobbyists Face Challenges Meeting Newly Elected Lawmakers in November” by Alex Gangitano for The Hill

Canada: “Supreme Court Declines to Hear Appeal in Aga Khan Lobbying Case” by Jim Bronskill (Canadian Press) for CTV

On October 15, the Canadian territory of Yukon’s new and first lobbying law came into force with the online Yukon Lobbyist Registry becoming live. Bill No. 23, the Lobbyists Registration Act, received Royal Assent on November 22, 2018, but only came into effect this year.

Consultant lobbyists and in-house lobbyists are required to register. Registration is required for individuals communicating with a public office holder, directly or through grassroots communications, in attempts to lobby. Additionally, a consultant lobbyist is required to register when arranging a meeting between a public office holder and any other person for the purposes covered by the Act.

There are two revolving door provisions in the Act. For the six-month period after ceasing to be in office, a former public office-holder is prohibited from lobbying as a consultant lobbyist, but he or she is not prohibited from immediately lobbying as an in-house lobbyist. Additionally, a consultant lobbyist is prohibited from becoming an employee of Yukon’s public service for six months after terminating her or her lobbyist registration. Penalties for violations of the Lobbyists Registration Act include fines up to $25,000 for the first violation and up to $100,000 for each subsequent violation.

As of October 16, the lobbyist registry does not have any registered lobbyists.

National/Federal

As U.S. Politics Heats Up, Companies Seek to Avoid Controversy
Reuters – Jessica DiNapoli | Published: 10/13/2020

A record number of U.S. companies are either banning political spending or making sure they disclose it, as they seek to steer clear of controversy ahead of the November 3 election, a new study found. While many American corporations donate to candidates and campaigns, some do not disclose it. This can put them in the crosshairs of customers and suppliers who can accuse them of a lack of transparency. The Center for Political Accountability found 332 companies in the S&P 500 prohibited some kind of political spending, like funding political committees, or disclosed some or all of their election-related spending in 2020, up roughly nine percent from 2016.

As Virus Spread, Reports of Trump Administration’s Private Briefings Fueled Sell-Off
New York Times – Kate Kelly and Mark Mazzetti | Published: 10/14/2020

On the day President Trump declared the coronavirus was “very much under control,” senior members of the president’s economic team, privately addressing board members of the Hoover Institution, were less confident. Tomas Philipson, an economic adviser to the president, told the group he could not yet estimate the effects of the virus on the American economy. To some in the group, the implication was that an outbreak could prove worse than administration advisers were signaling in public. A hedge fund consultant’s assessment of the meeting spread through parts of the investment world and traders spotted the immediate significance: the president’s aides appeared to be giving wealthy party donors an early warning of a potentially impactful contagion at a time when Trump was publicly insisting the threat was nonexistent.

Court Tells FEC to Take Action on Complaint Against Dark Money Group Tied to Joni Ernst
The Gazete – James Lynch | Published: 10/14/2020

A U.S. District Court judge entered a default judgment against the FEC, ordering it to act on a complaint involving a so-called dark money group tied to U.S. Sen. Joni Ernst’s campaign. The complaint was brought by the Campaign Legal Center, which told the court the FEC had failed to take action on its complaint that Ernst’s campaign had illegally coordinated with Iowa Values, a political nonprofit backing the senator. Candidates and outside groups are prohibited from coordinating their political activities. The FEC generally has not enforced coordination rules, allowing for the proliferation of super PACs and nonprofit groups tied to party leaders and individual candidates, according to the Center for Responsive Politics.

Facebook to Temporarily Halt Political Ads in U.S. After Polls Close Nov. 3, Broadening Earlier Restrictions
Washington Post – Elizabeth Dwoskin | Published: 10/7/2020

Facebook said it plans to temporarily suspend all political and issue-based advertising after polls close November 3, a move the company said was intended to limit confusion, misinformation, and abuse of its services in the days after the presidential election. Facebook also said it would remove calls for people to watch the polls when those posts use militaristic or intimidating language. Executives said the policy applies to anyone, including President Trump and other officials. Trump has made calls for people to engage in poll-watching, and Donald Trump Jr. appeared in an ad urging people to “defend your ballot” and join an “army” to protect the polls.

Fake Twitter Accounts Posing as Black Trump Supporters Appear, Reach Thousands, Then Vanish
Washington Post – Craig Timberg and Isaac Stanley-Becker | Published: 10/13/2020

An account featuring the image of a Black police officer, President Trump, and the words “VOTE REPUBLICAN” had a brief but spectacular run on Twitter. In six days after it became active, it tweeted just eight times but garnered 24,000 followers, with its most popular tweet being liked 75,000 times. Then, on days later, the account was suspended by Twitter for breaking its rules against platform manipulation. The reach of @CopJrCliff and other fake accounts from supposed Black Trump supporters highlights how an account can be effective at pushing misleading narratives in just a few days – faster than Twitter can take it down.

Longtime GOP Fundraiser Elliott Broidy Charged with Acting as a Foreign Agent, Is Likely to Plead Guilty
Seattle Times – Matt Zapotosky (Washington Post) | Published: 10/8/2020

Republican fundraiser Elliott Broidy was charged in a criminal information with conspiring to act as a foreign agent as he lobbied the Trump administration on behalf of Malaysian and Chinese interests, an indication he is likely to soon plead guilty in the case to resolve the allegations against him. Prosecutors outlined how they believe he took millions of dollars in undisclosed money to end a U.S. investigation into Malaysian corruption and, separately, to return outspoken Chinese exile Guo Wengui to his home country. Prosecutors said Broidy and others orchestrated “back-channel, unregistered campaigns” to influence the administration, though their efforts were ultimately unsuccessful.

New Justice Dept. Election Fraud Guidance Could Allow Boosting of Trump’s Exaggerated Claims, Legal Observers Say
MSN – Matt Zapotosky (Washington Post) | Published: 10/7/2020

The Justice Department issued guidance giving federal prosecutors more leeway to take public action on suspected election fraud before ballots are in, a move some legal analysts worry could foreshadow an effort to bolster President Trump’s exaggerated claims of fraud via mail-in voting. The guidance detailed what it called an “exception to the general non-interference with elections policy,” which discourages prosecutors from taking overt steps in fraud investigations until all ballots are counted and certified. Critics say Trump and Attorney General William Barr seem to be working in concert to undermine public confidence in the election result, and the newly issued guidance could aid in that effort – allowing prosecutors to publicize cases of suspected fraud they previously would have been barred from discussing.

NYT: Vegas connections helped Trump engineer $21M windfall during 2016 race
The Hill – Naomi Jagoda | Published: 10/9/2020

Donald Trump’s tax records reveal he engineered a windfall of more than $21 million during his 2016 presidential run, The New York Times reported. A hotel Trump owns with casino mogul Phil Ruffin in Las Vegas made payments to several companies Trump controlled, and that money then flowed to the president himself. The hotel wrote off the payments as a business expense, The Times said. The newspaper reported that the payments came at a time when Trump’s 2016 presidential campaign needed funds and many of his businesses were losing money. The tax records do not indicate whether the payments helped Trump’s campaign, his businesses, or both, the newspaper said.

Sonny Perdue Faces Ethics Questions Over His Business Holdings
Politico – Ryan McCrimmon | Published: 10/15/2020

Agriculture Secretary Sonny Perdue pledged in 2017 to separate himself from his multimillion-dollar business holdings that could pose conflicts-of-interest in his public duties. But last year, he disclosed he had become trustee of a newly formed fund that includes many of the same assets as his original family trust. Watchdog organizations are now calling for the Agriculture Department’s inspector general to investigate whether Perdue has run afoul of the ethics agreement he signed as a nominee for the job early in the Trump administration. The commitments entailed moving his holdings into a new trust and agreeing not to serve as a trustee or beneficiary of the fund.

Supreme Court Halts Census in Latest Twist of 2020 Count
Associated Press News – Mike Schneider | Published: 10/14/2020

The U.S. Supreme Court ruled the Trump administration can end census field operations early, in a blow to efforts to make sure minorities and hard-to-enumerate communities are properly counted in the crucial once-a-decade tally. Plaintiffs in a lawsuit managed to get nearly two extra weeks of counting people as the case made its way through the courts. But the ruling increased the chances of the administration retaining control of the process that decides how many congressional seats each state gets, and by extension how much voting power each state has.

Supreme Court Won’t Revive Congressional Emoluments Case Against Trump
Washington Post – Robert Barnes and Ann Marimow | Published: 10/13/2020

The U.S. Supreme Court refused to revive an attempt by Democratic members of Congress to sue President Trump over his private businesses accepting payments from foreign governments. Without comment, the justices let stand a decision by a panel of the U.S. Court of Appeals for the District of Columbia Circuit to dismiss the lawsuit filed by 215 members of Congress. Their novel lawsuit sought to enforce the Constitution’s anti-corruption emoluments provision. A unanimous panel of the appeals court said the individual members did not have legal standing to take the president to court.

The Mystery of a GOP Congressman’s Seemingly Rent-Free Campaign Office
Politico – Daniel Newhauser | Published: 10/9/2020

For at least seven years, U.S. Rep. Jim Hagedorn appears to have enjoyed rent-free use of a campaign office supplied by a political donor, which would be a clear violation of federal election law that comes amid mounting scrutiny of his finances. In dozens of filings with the FEC, Hagedorn has listed a basement suite in a downtown Mankato, Minnesota, building as his campaign’s headquarters. But election spending records show Hagedorn has reported no payments for the use of that space over the course of the past four elections he has run to represent Minnesota’s First Congressional District, including his current race. Ethics experts expressed skepticism with Hagedorn’s actions.

Trump Taps U.S. Marine Band for White House Event and Raises Questions About Employing the Military for Political Purposes
Washington Post – Paul Sonne | Published: 10/11/2020

When President Trump, recovering from COVID-19, welcomed hundreds of people to what resembled a campaign rally on the White House grounds, the guests filed onto the South Lawn past a military band in resplendent red, its horns blasting the tune “America” from “West Side Story.” The use of the United States Marine Band for a de facto political rally marked another instance of the president pushing the boundaries of U.S. law and the military tradition of political neutrality. Federal regulations bar the use of government resources for, and the coercion of federal employees into, political activities aimed at a candidate’s reelection, and taxpayer-funded military bands cannot be used for campaign events.

Trump’s Children Brought Secret Service Money to the Family Business with Their Visits, Records Show
MSN – David Fahrenthold, Joshua Partlow, and Carol Leonnig (Washington Post) | Published: 10/12/2020

President Trump’s adult children and their families have caused the U.S. government to spend at least $238,000 at Trump properties so far, according to Secret Service records. Government ethics experts say nothing is wrong with Trump’s children seeking protection from the Secret Service. But, they said, the Trump Organization’s decision to charge for the agents’ rooms created a situation in which, just by traveling, Trump’s children could bring taxpayer money to their family’s business. That, ethics experts said, could create the appearance that Trump family members were exploiting their publicly funded protection for private financial gain.

‘Unmasking’ Probe Commissioned by Barr Concludes Without Charges or Any Public Report
MSN – Matt Zapotosky and Shane Harris (Washington Post) | Published: 10/13/2020

The federal prosecutor appointed by Attorney General William Barr to review whether Obama-era officials improperly requested the identities of individuals whose names were redacted in intelligence documents has completed his work without finding any substantive wrongdoing. The Justice Department has so far declined to release the results of U.S. Attorney John Bash’s work, though people familiar with his findings say they would likely disappoint conservatives who have tried to paint the “unmasking” of names, a common practice in government to help understand classified documents, as a political conspiracy.

With Election Day Looming, Twitter Imposes New Limits on U.S. Politicians – and Ordinary Users, Too
Seattle Times – Elizabeth Dwoskin and Craig Timberg (Washington Post) | Published: 10/9/2020

Twitter will impose new warnings on politicians’ lies, restrict premature declarations of victory, and block calls for polling violence or other disruptions, the company announced as it rolled out wide-ranging changes designed to harden the platform against abuse related to the U.S. election on November 3. The moves also will temporarily alter the look and feel of Twitter. Retweeting others, for example, will require an extra step designed to encourage users to add their own thoughts before posting. Recommendations and trends will get new curbs intended to prevent abuse. The policy changes are the culmination of years of revisions intended to prevent a repeat of 2016’s electoral debacle on social media, when disinformation, false news reports, and Russian interference rampaged virtually unchecked across all major platforms.

From the States and Municipalities

Alaska – Alaska Absentee Witness Requirements Scrapped for Election
Associated Press News – Becky Bohrer | Published: 10/13/2020

The Alaska Supreme Court affirmed a lower court ruling eliminating witness requirements for absentee ballots for the general election. Superior Court Judge Dani Crosby had ruled enforcement of the witness requirements during the coronavirus pandemic “impermissibly burdens the right to vote.” She waited to put the order into effect, to allow the Supreme Court to weigh in. The case was brought by the Arctic Village Council, League of Women Voters of Alaska, and two individuals. Their attorneys have argued the witness requirement is unconstitutional during the pandemic and a bar to voting for those who do not live with someone who is at least 18 and able to serve as a witness.

California – Arcadia Subsidiary of Chinese Company to Pay $1 Million Fine in LA City Hall Bribery Scandal
Los Angeles Daily Breeze – City News Service | Published: 10/7/2020

The subsidiary of a China-based real estate company agreed to pay $1.05 million to resolve a probe into its involvement in the Los Angeles City Hall corruption scandal. Jia Yuan USA Co. will pay the penalty and continue cooperating with the federal government in its probe of city Councilperson Jose Huizar and other figures. A Jia Yuan employee provided Huizar with Katy Perry concert tickets after he and former Deputy Mayor Ray Chan helped resolve an issue involving compliance with the Americans With Disabilities Act. Jia Yuan also admitted providing in-kind campaign contributions to several U.S. political candidates by hosting reduced-cost fundraising events. Some of those events took place at the direction of a foreign national barred from participating in American elections, investigators said.

California – California Officials Say GOP’s Ballot Boxes Are Illegal. Republicans May Expand the Practice
Los Angeles Times – Stephanie Lai and Sarah Parvini | Published: 10/13/2020

In recent weeks, gray metal containers labeled as ballot drop boxes have been placed at various locations – including gun shops, shooting ranges, churches, and Republican Party offices – in several California counties. State GOP officials acknowledged responsibility for the boxes and have rejected allegations of wrongdoing, in defiance of what the state’s top election official and attorney general say is an illegal practice. At the center of the battle are questions of whether it is legal to collect ballots through third party boxes and what constitutes an “official” ballot drop box.

California – Ex-Director of Coliseum Authority Takes Plea Deal in Stadium Naming Rights Case; Avoids Jail Time
San Jose Mercury News – David Debolt | Published: 10/13/2020

Former Oakland-Alameda County Coliseum Authority Executive Director Scott McKibben, who was criminally charged with violating state law by seeking payment from RingCentral for negotiating a stadium naming rights contract, took a plea deal and by doing so avoided trial and possible jail time. Prosecutors alleged McKibben violated the law because he sought a $50,000 payment from RingCentral as part of a $3 million deal to rename the ballpark “RingCentral Coliseum.” The law prohibits public officials from having a financial interest in contracts made by them in their official capacity. McKibben will serve three years’ probation and take an ethics course. Judge Kevin Murphy will decide how much McKibben should pay the stadium authority.

Colorado – Colorado Voters to Decide Whether to Pull Out of National Popular Vote Effort
Denver Post – John Aguilar | Published: 10/11/2020

State lawmakers decided last year that Colorado should join 14 other state and Washington, D.C. in the National Popular Vote Interstate Compact, which pledges their Electoral College votes to the presidential candidate who gets the most raw votes nationwide. On November 3, Coloradans will get the chance to affirm or reject that decision when they vote on Proposition 113, which was put on the ballot by opponents of the movement. A “yes” vote keeps the state in the compact, while a “no” vote maintains the system Colorado has used for decades to choose a president, in which the candidate with the most statewide support gets its nine Electoral College votes.

Florida – Federal Judge Denies Request to Extend Florida Voter Registration Deadline
Tampa Bay Times – Allison Ross | Published: 10/9/2020

A federal judge rejected calls by several voting rights groups that Florida should further extend its voter registration deadline following repeated outages to the state’s online on the last day people could sign up to vote in the November 3 election. U.S. District Court Judge Mark Walker said “Florida’s interest in preventing chaos in its already precarious and perennially chaotic election” outweighed the concern of potentially thousands of Floridians being unable to cast ballots in the general election. The state had argued reopening the voter registration deadline could mean Floridians who registered during that later time may have to cast provisional ballots if counties cannot update their voter rolls in time, and extending the deadline could cause voter confusion and other issues.

Florida – Prominent Lobbyist Didn’t Disclose Calls to Orlando Airport Board Members, Violating Policy
Orlando Sentinel – Jason Garcia | Published: 10/14/2020

Under the Greater Orlando Aviation Authority’s policies, lobbyists are supposed to publicly disclose meetings with board members within seven days. But Christina Daly Brodeur, a lobbyist at Ballard Partners, did not reveal she called four members of the board that runs Orlando International Airport on behalf of a client until nearly three months later, after The Orlando Sentinel requested records related to the firm’s work at the airport. Authority leaders, however, say they do not plan to act. “… She self-reported and became compliant and … there’s nothing further we can do,” said Dan Gerber, the authority’s general counsel. Some government-transparency advocates criticized the lack of consequences.

Georgia – Common Cause Calls for Investigation of Georgia Ethics Commission’s Conflict of Interest Policies
WAGA – Dale Russell | Published: 10/9/2020

A good government group is calling on Georgia’s ethics commission to investigate its own policies regarding how commission members handle potential conflicts-of-interest. The rules for deciding when a member should recuse themselves are confusing. Commission Chairperson Jake Evans says a commission policy gives him the authority to order a member to recuse themselves. But he follows a state attorney general’s opinion from 1989 to let members decide for themselves whether they have a conflict.

Hawaii – Ballot Questions Could Bolster Ethics Watchdog’s Staffing and Spending
Honolulu Civil Beat – Chad Blair | Published: 10/11/2020

The Honolulu Ethics Commission could enjoy greater autonomy over its budget should voters grant them that ability in November. Voters are also being asked whether the commission should also be granted more flexibility to hire and retain staff. Commission Chairperson Victoria Marks said passage of the charter amendments would give the agency greater flexibility to describe positions, and hire and retain the specialized staff that she said it needs “to grow and strengthen the city’s ethics and lobbyist programs.” Marks said the amendments would provide the commission “with budget flexibility and greater autonomy” from the city administration.

Illinois – Aldermen Reject Lightfoot’s Proposal to Ease Ban on Lobbying by Elected Officials
WTTW – Heather Cherone | Published: 10/13/2020

Aldermen rejected Mayor Lori Lightfoot’s ordinance that would have rolled back part of tougher City Hall lobbying rules for elected officials the city council passed last year. It would have once again allowed elected officials from outside Chicago to lobby the mayor, aldermen, and other city government agencies on behalf of private clients, as long as the public body they represent does not have pending or recurring legislative or contractual matters involving Chicago. With federal investigators probing lobbying practices in Springfield and past City Hall scandals tied to lobbying infractions, aldermen said it was not the time to walk back the stricter requirements.

Minnesota – Federal Judge Upholds Minnesota’s Deadline Extension for Counting Ballots
National Public Radio – Jason Slotkin | Published: 10/12/2020

A federal judge upheld Minnesota’s seven-day deadline extension for counting mail-in ballots after it was challenged by a pair of Republicans. Minnesota extended its deadline for receiving mail-in ballots after voting rights groups raised concerns the state’s previous deadline could disenfranchise voters as the state receives an unprecedented amount of absentee ballots. In past elections, absentee ballots would only be counted if received by eight p.m. on Election Day. A state court agreement reached with Minnesota Secretary of State Steve Simon allowed ballots postmarked by Election Day to be counted if received within seven days.

New York – Trump Again Asks Supreme Court to Block Subpoena for His Tax Records
New York Times – Charlie Savage | Published: 10/13/2020

Personal lawyers for President Trump, seeking to appeal their case to the U.S. Supreme Court for the second time in less than a year, asked the justices to delay a ruling that would allow Manhattan District Attorney Cyrus Vance Jr. To obtain Trump’s financial records. In an “emergency” application, Trump’s legal team told the court that a U.S. District Court judge was wrong to rule Vance had a legal right to subpoena the materials and an appeals court panel in New York was wrong to uphold that decision. The request for intervention marks a return for the case. In July, the high court ruled the fact that Trump was the sitting president did not make him absolutely immune from criminal investigation, as his legal team had argued.

New York – Trump Got a $21 Million Tax Break for Saving the Forest Outside His N.Y. Mansion. Now the Deal Is Under Investigation.
MSN – Joshua Partlow, Jonathan O’Connell, and David Fahrenthold (Washington Post) | Published: 10/9/2020

Donald Trump received a tax break of $21.1 million five years ago after promising to preserve 150 acres of woodlands in New York state. The amount of the tax break was set by a 2016 appraisal that valued Seven Springs at $56.6 million, more than double the value assessed by the three Westchester County towns that each contained a piece of the property. New York Attorney General Letitia James is investigating whether the Trump Organization improperly inflated the value of the land. The appraisal appears to have relied on unsupported assertions and misleading conclusions that boosted the value of Trump’s charitable gift and his tax break. The appraisal was written by Cushman & Wakefield, a real estate firm that has worked with Trump over many years and whose headquarters are in a building co-owned by Trump.

North Carolina – A Legal Fight Over How to Fix Ballot Errors in North Carolina Has Left Thousands of Voters in Limbo – Nearly Half People of Color
Washington Post – Elise Viebeck | Published: 10/12/2020

A dispute over how North Carolina voters should correct problems with their mail ballots remains unresolved, leaving at least 6,800 votes – including more than 3,300 ballots from people of color – in limbo across a key presidential battleground state. The legal fight intensified after the state Board of Elections said in September it would allow voters to “cure,” or fix, deficiencies in their mail ballots by completing and returning an affidavit to county election officials. The affidavit would neutralize a range of voter errors that could lead to ballots being tossed, including failure to provide a witness signature. ballots being tossed, including failure to provide a witness signature. But a federal judge put the plan on hold October 3, arguing it changed the rules too close to Election Day.

Oregon – City of Portland Lawyers Won’t Defend Auditor in Legal Appeals of Mayor’s Campaign Violations, City Council Says
Portland Oregonian – Everton Bailey Jr. | Published: 10/14/2020

The Portland City Council refused a request from the city auditor for city lawyers to represent her in lawsuits filed by Mayor Ted Wheeler’s campaign, citing the city attorney’s assertion it would be an ethical violation and a conflict-of-interest. Auditor Mary Hull Caballero argued before the vote that Wheeler’s campaign is not a client of the city attorney’s office and she fined the campaign through her capacity as a Portland elected official who oversees the city elections process. She noted city lawyers already represent her in other elections-related lawsuits, including one filed on behalf of mayoral challenger Sarah Iannarone about Wheeler’s campaign.

Pennsylvania – Judge Throws Out Trump Campaign’s Pennsylvania Lawsuit
Associated Press News – Marc Levy | Published: 10/10/2020

A federal judge in Pennsylvania threw out a lawsuit filed by President Trump’s campaign, dismissing its challenges to the battleground state’s poll-watching law and its efforts to limit how mail-in ballots can be collected and which of them can be counted. The ruling by U.S. District Court Judge J. Nicholas Ranjan, who was appointed by Trump, also poured cold water on the president’s claims that Pennsylvania is fertile ground for election fraud. Trump’s campaign said it would appeal at least one element of the decision.

Pennsylvania – Pennsylvania House Insurance Committee Chairwoman Reaps Big Harvest of Campaign Contributions from Insurance Industry
Allentown Morning Call – Ford Turner | Published: 10/9/2020

State Rep. Tina Pickett, whose position in Harrisburg gives her enormous authority over what happens to proposed insurance laws, has more cash in her political campaign account than any of her 201 colleagues in the Pennsylvania House, thanks in large part to the insurance industry. A review of hundreds of campaign finance reports showed Pickett’s $268,546.49 cash balance in late May was inflated by a years-long influx of insurance industry cash that began when Pickett became chairperson of the House Insurance Committee in 2013. Experts say the contributions are made to curry favor.

Rhode Island – A Chaotic Campaign Helped Save Rhode Island’s House Speaker in 2016. Now It Threatens to End His Political Career
Boston Globe – Dan McGowan and Edward Fitzpatrick | Published: 10/13/2020

The criminal trial of Jeffrey Britt, a former campaign consultant to Rhode Island House Speaker Nicholas Mattiello, was meant to determine whether Britt laundered $2,000 to help pay for a postcard mailer designed to boost Mattiello during that 2016 campaign. But it also offered a rare glimpse into the win-at-all-costs culture of politics, as witnesses detailed the strategies employed to help defeat Steven Frias. Those tactics included surveillance conducted on Frias by a private investigator who was seeking a state job, a mail-ballot operation run by an operative who had previous tours of political duty with some of the state’s most corrupt politicians, and the mailer that Britt orchestrated to try to convince a handful of Republicans to back the Democrat in the race. Mattiello won the race by 85 votes, a margin where almost any maneuver could have tipped the scales in the speaker’s favor.

Texas – Appeals Court OKs Texas Governor’s Order to Limit Drop Off Locations for Absentee Ballots
NBC News – Rachel Elbaum | Published: 10/13/2020

A federal appeals court panel upheld Texas Gov. Greg Abbott’s order to shut down dozens of mail ballot drop-off sites weeks before November’s election. The ruling comes after a federal judge halted the order, which allowed for only one absentee ballot drop off location for every county, regardless of its size. The Texas secretary of state had argued Abbott’s order was part of a 40-day expansion of Texans’ absentee voting opportunities put in place because of Covid-19 that went beyond what state election rules normally permit. The United States Court of Appeals for the Fifth Circuit said it agreed with her.

Virginia – Inside the Utility Company Lobbying Blitz That Will Hike Electric Bills
ProPublica – Patrick Wilson (Richmond Times-Dispatch) | Published: 10/9/2020

When Democrats campaigned for seats in the Virginia Legislature last year, they took aim at the state’s largest power broker: Dominion Energy. The electric utility’s clout was legendary at the Capitol, where it doled out millions of dollars in campaign contributions and employed an army of lobbyists who helped write energy policy for decades. The result was soaring electricity bills and an energy grid heavily reliant on fossil fuels. Democrats vowed to change that. But Dominion fought back and ended up as a winner in a bill intended to diminish its influence. By doubling the size of its lobbying corps and tapping its long-standing relationships with legislative leaders and Gov. Ralph Northam, the utility secured the right to build its top priority – a massive offshore wind farm set to be the most expensive utility project in Virginia history.

Virginia – Men in Alleged Kidnapping Plot Also Considered Targeting Virginia Governor, FBI Says
National Public Radio – Bill Chappell and Ryan Lucas | Published: 10/13/2020

Two of the men accused of plotting to kidnap Michigan Gov. Gretchen Whitmer took part in a discussions earlier this year with members of self-styled militia groups about potentially abducting Virginia Gov. Ralph Northam, an FBI agent testified. Special Agent Richard Trask did not say whether any of the attendees ultimately took any action toward potentially targeting Northam, and no one has been charged with any threats against him. Whitmer and Northam, both Democrats, have faced resistance in their respective states to measures they’ have taken to try to curb the spread of the coronavirus.

Virginia – Va. Congressional Candidate Reported No Assets. His Amended Disclosure Shows He Holds Dozens of Stocks.
Washington Post – Meagan Flynn | Published: 10/9/2020

After previously disclosing owning zero financial assets, Virginia congressional candidate Bob Good filed an amended financial disclosure showing he holds dozens of stocks, including in two companies that had business before the Campbell County Board of Supervisors when Good served on the panel. He now reports between $213,000 and $1.65 million in assets and unearned income. Virginia law requires local and state lawmakers to disclose their personal economic interests in forms filed with the Virginia Conflict of Interest and Ethics Advisory Council.

Washington – Port of Tacoma, Others Agree to Fine in Save Tacoma Water Campaign Finance Case
MSN – Alexid Krell (Tacoma News-Tribune) | Published: 10/12/2020

The Port of Tacoma, the Tacoma-Pierce County Chamber of Commerce, and the Economic Development Board for Tacoma-Pierce County agreed to pay a civil penalty for violating campaign finance law while fighting initiatives that were trying to limit industrial development on the Tideflats. They will pay a $34,000 fine, with $17,000 suspended. The case stemmed from efforts by a group called Save Tacoma Water following citizen opposition to a proposed methanol plant. Activist Arthur West complained the three groups violated campaign finance law in their effort.

Washington – Twitter to Pay $100k to Washington State in Settlement Over Political Ad Disclosure Violations
GeekWire – Todd Bishop | Published: 10/13/2020

Washington Attorney General Bob Ferguson said Twitter agreed to pay $100,000 for failing to maintain records related to ads that ran from 2012 through 2019, when Twitter banned political advertising. Companies are required to maintain records about who paid for ads, when they ran, how much they cost, and the name of the candidate or measure supported or opposed. Twitter failed to maintain the required records for at least 38 Washington candidates and committees that reported paying $194,550 for political advertising on its platform.

Wisconsin – Federal Appeals Court Blocks Extension for Wisconsin Ballot Returns
Politico – Zach Montellaro and Josh Gerstein | Published: 10/8/2020

Federal judges blocked a lower court’s order extending the deadline for returning mail ballots in Wisconsin, requiring that absentee ballots be in the hands of election officials by the time the polls close on Election Day. A three-judge panel of the Seventh Circuit Court of Appeals ruled in favor of staying the lower court’s order, which would have allowed for ballots postmarked by Election Day to be received by November 9, six days later, in order to be counted. The stay also suspended an order extending the deadline for online and mailed-in voter registration from October 14 to October 21, and it stopped potential electronic delivery of certain ballots.

Campaign Finance

Washington: “Port of Tacoma, Others Agree to Fine in Save Tacoma Water Campaign Finance Case” by Alexid Krell (Tacoma News-Tribune) for MSN

Elections

National: “Fake Twitter Accounts Posing as Black Trump Supporters Appear, Reach Thousands, Then Vanish” by Craig Timberg and Isaac Stanley-Becker for Washington Post

Ethics

National: “Supreme Court Won’t Revive Congressional Emoluments Case Against Trump” by Robert Barnes and Ann Marimow for Washington Post

National: “‘Unmasking’ Probe Commissioned by Barr Concludes Without Charges or Any Public Report” by Matt Zapotosky and Shane Harris (Washington Post) for MSN

California: “Ex-Director of Coliseum Authority Takes Plea Deal in Stadium Naming Rights Case; Avoids Jail Time” by David Debolt for San Jose Mercury News

New York: “Trump Again Asks Supreme Court to Block Subpoena for His Tax Records” by Charlie Savage for New York Times

Virginia: “Men in Alleged Kidnapping Plot Also Considered Targeting Virginia Governor, FBI Says” by Bill Chappell and Ryan Lucas for National Public Radio

Lobbying

Florida: “Prominent Lobbyist Didn’t Disclose Calls to Orlando Airport Board Members, Violating Policy” by Jason Garcia for Orlando Sentinel

Illinois: “Aldermen Reject Lightfoot’s Proposal to Ease Ban on Lobbying by Elected Officials” by Heather Cherone for WTTW

In a recent vote, Chicago City Council’s Committee on Ethics and Government Oversight unanimously rejected an ordinance.

Introduced by Mayor Lori Lightfoot in April, this would amend a previously passed amendment.

The ordinance passed unanimously by City Council 10 months ago prohibits cross-lobbying.

This would include City Council or any city agency, department, board, or commission by elected officials from the Illinois General Assembly or any unit of local government in the state.

The proposed amendment added an exception to permit lobbying by lobbyists with no current contractual or legislative dealings with the city.

The committee voted 16-0 not to send the measure to the full council.

The BOE announced last month it would begin enforcing Ordinance 2-156-309 on October 1, as no action had been taken.

In addressing the committee today, Executive Director Steven Berlin stated the ordinance is historic.

He goes on to explain there are no other jurisdictions in the United States prohibiting both their own officials and employees from lobbying on behalf of private clients anywhere, while also prohibiting elected officials from other jurisdictions from lobbying the city on behalf of private clients.