Jim Sedor, Author at State and Federal Communications

June 15, 2020 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance Arizona: “Arizona Asks Appeals Court to Block Laws That Regulate Campaign Finance” by Howard Fischer (Capitol Media Services) for KAWC Tennessee: “Audits: Glen Casada failed to report contributions, keep expense receipt” by Joel Ebert for The Tennessean Ethics […]

June 12, 2020 • Written by Jim Sedor

News You Can Use Digest – June 12, 2020

National/Federal Amid Pandemic and Upheaval, New Cyber Risks to the Presidential Election MSN – David Sanger, Nicole Perlroth, and Matthew Rosenberg (New York Times) | Published: 6/7/2020 The rush to accommodate remote voting is leading a small number of states to […]

National/Federal

Amid Pandemic and Upheaval, New Cyber Risks to the Presidential Election
MSN – David Sanger, Nicole Perlroth, and Matthew Rosenberg (New York Times) | Published: 6/7/2020

The rush to accommodate remote voting is leading a small number of states to experiment with or expand online voting, an approach the Department of Homeland Security deemed “high risk” in a recent report. It has also put renewed focus on the assortment of online state voter registration systems, which were among the chief targets of Russian hackers in 2016. Their security is central to ensuring that, come November, voters receive their mail-in ballots or can gain access to online voting. While Russian hackers stopped short of manipulating voter data in 2016, American officials determined the effort was likely a dry run for future interference.

Appeals Court Upholds Order to Restore Reporter’s White House Press Pass
Politico – Josh Gerstein | Published: 6/10/2020

A federal appeals court endorsed a judge’s order restoring a White House press pass to a reporter who wound up in a verbal altercation with one of President Trump’s most loyal and outspoken supporters in the Rose Garden last year. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit unanimously ruled the White House violated the constitutional due process rights of Playboy reporter Brian Karem by suspending his pass for 30 days after the heated exchange with talk show host and former White House aide Sebastian Gorka at the end of a social media summit.

‘Bloomberg Loophole’ Paves the Way for Rich Donors to Ignore Contribution Limits
Sludge – David Moore | Published: 6/5/2020

After suspending his presidential bid, Michael Bloomberg transferred $18 million from his campaign to the Democratic National Committee (DNC) to back its organizing push in 12 battleground states. The DNC’s windfall far exceeds the $35,500 maximum legal contribution an individual can give to a national party committee in the 2019-2020 election cycle, and watchdogs immediately flagged it as pushing the boundaries of campaign finance law. The legal justification for the transfer comes down to a quirk of FEC reporting practice, said Brendan Fischer of the Campaign Legal Center.

Coronavirus Was Paul Manafort’s Ticket Home. Many Other Old, Ill, Nonviolent Inmates Are Still in Prison.
USA Today – Kristine Phillips | Published: 6/9/2020

Attorneys and advocates say there are many old and nonviolent prisoners who are not a threat to public safety and yet remain behind bars, even as the coronavirus continues to infect hundreds of inmates and staff. The way in which the federal Bureau of Prisons has implemented Attorney General William Barr’s order to expedite moving vulnerable prisoners to home confinement has been inconsistent, confusing, and slow, attorneys and advocates say. The agency has broad discretion in determining who can spend the rest of their sentence at home, but how this gets decided is cloaked in secrecy.

Crapo Staffer Told FBI the Senator Gave Permission for $250K Campaign Investment into Get-Rich-Quick Scheme
The Post Register – Betsy Russell | Published: 6/1/2020

Newly released FBI documents say U.S. Sen. Mike Crapo’s campaign told the FBI the senator “was aware of and approved” the investment of $250,000 of his campaign donors’ funds into a risky get-rich-quick scheme “at the time of the transaction” in 2008, in which the money disappeared. Crapo, who now chairs the banking committee, has said repeatedly since 2013, when the news broke of the loss of his campaign funds in the scheme, that he knew nothing about it until late 2010, after the money was gone. Documents showed Crapo’s then-campaign manager, Jake Ball, invested the money into the scheme at a time when the campaign was between treasurers.

‘Everything about this is irregular’: Ex-judge tapped to review Flynn case blasts Trump DOJ
Politico – Josh Gerstein and Kyle Cheney | Published: 6/10/2020

A former federal judge selected to advise on a path forward in the criminal case against Michael Flynn is accusing the Justice Department of exercising a “gross abuse of prosecutorial power” to protect an ally of President Trump, distorting known facts and legal principles to shield former national security adviser from a jail sentence. Former U.S. District Court Judge John Gleeson skewered Attorney General William Barr’s handling of the case, describing it as an “irregular” effort that courts would “scoff” at were the subject anyone other than an ally of Trump. The brief featured a reconstruction of the Flynn case and accused the department of contradicting its own arguments and precedents to justify dropping the case against Flynn.

Ex-Sen. Trent Lott: Squire Patton Boggs took ‘low road’ in split
Roll Call – Kate Ackley | Published: 6/9/2020

Former U.S. Senate Majority Leader Trent Lott says his ex-firm Squire Patton Boggs “took the low road” in reportedly firing him. Lott added that another former senator, John Breaux, was also planning to leave the lobby shop. Coming amid worldwide demonstrations against killings by police against African Americans, Lott’s exit was viewed on K Street as potentially linked to comments he made that drove him from Senate GOP leadership. Speaking at an event for U.S. Sen. Strom Thurmond’s 100th birthday, Lott recalled Mississippi had supported Thurmond’s segregationist run for president in 1948. “And if the rest of the country had followed our lead, we wouldn’t have had all these problems over all these years, either,” Lott said in 2002.

Feds Press Criminal Case Against Flynn Partner
Politico – Josh Gerstein | Published: 6/7/2020

The Justice Department is pressing forward with its criminal case against Bijan Rafiekian, a onetime business partner of Michael Flynn, despite Attorney General William Barr’s decision to seek to abandon the prosecution of the former national security adviser to President Trump. The filing mentions Flynn’s integral role in the work that led to the two foreign-agent-related felony charges against Rafiekian and maintains the government’s position that Flynn was a co-conspirator in his business partner’s crimes. While the case included an admission by Flynn that he signed off on inaccurate Foreign Agent Registration Act filings about the project that led to Rafiekian’s prosecution: a $600,000 contract Flynn signed for his Flynn Intel Group at the height of the presidential campaign in 2016 to lobby on behalf of a Dutch firm.

GAO Offers Congress Steps to Protect Independence of Federal Watchdogs
Politico – Kyle Cheney | Published: 6/8/2020

Lawmakers could take steps to prevent President Trump or other executive branch leaders from undermining the independence of federal watchdogs, according to a new report from Congress’ internal audit agency. Trump, who has bristled at the independence of inspectors general, has leaned heavily on temporary appointees to fill the powerful posts, leaving them more susceptible to pressure from within the administration. In some cases, he has turned to officials who already serve in senior roles inside the agency. The Government Accountability Office says lawmakers could require those “dual-hatted” employees to recuse themselves when their independence could be called into question and to vow in writing to protect the identity of whistleblowers who normally turn to inspectors general for protection.

How the Black Lives Matter Movement Went Mainstream
MSN – Jose Del Real, Robert Samuels, and Tim Craig (Washington Post) | Published: 6/9/2020

The three words were once a controversial rallying cry against racial profiling and police violence. Now, “Black lives matter” is painted in bright yellow letters on the road to the White House. Celebrities and chief executives are embracing it. Even U.S.Sen. Mitt Romney, a Republican former presidential candidate, posted the phrase on Twitter. As consensus grows about the existence of systemic racism in American policing and other facets of American life, longtime organizers of the Black Lives Matter movement are trying to extend its momentum beyond the popularization of a phrase. Activists sense an opportunity to demand policy changes that once seemed far-fetched.

Joe Biden Let Police Groups Write His Crime Bill. Now, His Agenda Has Changed.
Laredo Morning Times – Michael Kranish (Washington Post) | Published: 6/8/2020

Joe Biden’s close relationship with police groups while crafting the landmark 1994 crime bill legislation reflected his decades-long partnership with them as he embraced a tough-on-crime persona, one that extended to his work as vice president when he served as a liaison between police and the White House. Now, as Biden runs for president amid a national reckoning over police violence and racial injustice, that long alliance is threatening to undermine a cornerstone of his candidacy. The presumptive Democratic nominee is seeking to channel the anger of African Americans, one of his party’s most important voting blocs, by calling for “real police reform” and promising to combat systemic racism. In doing so, Biden is promising to undo some of the very measures he helped enact.

Political Advertising Grows on Streaming Services, Along with Questions About Disclosure
CNN – Fredreka Schouten | Published: 6/3/2020

Campaign commercials are running more often on services like Hulu, a sign of streaming’s growing importance in the world of politics as more Americans cut the cord on cable subscriptions and independent groups, candidates, and political parties seek new ways to reach their target audiences. The coronavirus pandemic and the stay-at-home orders it triggered across the country appear to have accelerated growth for streaming services. But the migration by candidates, super PACs, and parties to streaming services has set off alarms for some campaign finance watchdogs because the advertising is not subject to the same disclosure requirements that have governed traditional media for decades.

Political Donations Dropped Off as Coronavirus Pandemic Peaked
Center for Responsive Politics – Karl Evers-Hillstrom | Published: 6/9/2020

Political fundraising took an intense dip as the coronavirus pandemic ravaged the nation in mid-March and early April, according to an analysis of campaign contributions. The pandemic forced the leading presidential candidates to cancel in-person fundraisers that would have netted their campaigns millions of dollars. High-profile congressional candidates paused their fundraising activities to assist relief efforts. And the virus’ economic damage that forced 40 million to file for unemployment may have prompted potential donors to save their money.

Rep. Steve King Toxic to K Street
Roll Call – Kate Ackley | Published: 6/3/2020

U.S. Steve King, a pariah within his own party for racist comments, would be too controversial for lobbying firms, trade associations, and corporations after losing his primary election, say lobbyists and K Street headhunters, even as many former lawmakers decamp for such jobs. Many companies and lobbying groups issued statements offering support for racial justice efforts amid protests over the death of George Floyd that have gripped the nation. King also had lost influence among his colleagues well before he lost the Republican primary in Iowa’s Fourth Congressional District.

Tech Group Files First Lawsuit Against Trump Over Executive Order Targeting Social Media
Washington Post – Tony Romm | Published: 6/2/2020

A tech group supported by Facebook, Google, and Twitter filed a lawsuit against President Trump, alleging his executive order targeting social media giants threatens to “curtail and chill constitutionally protected speech” during the presidential election. The challenge brought by the Center for Democracy and Technology marks the first major legal test of Trump’s directive, which paves the way for federal agencies to investigate and penalize some of Silicon Valley’s most popular platforms over the way they police politically oriented posts, photos, and videos across the Web.

Trump Draws Rebukes for Suggesting 75-Year-Old Protester Pushed to the Ground in Buffalo Was Part of a ‘Set Up’
Laredo Morning Times – John Wagner (Washington Post) | Published: 6/9/2020

President Trump put forth an unsubstantiated conspiracy theory about Martin Gugino, a 75-year-old protester in Buffalo who suffered head injuries after he was pushed to the pavement by police. A cellphone video of the encounter has now been seen by millions of people and led to assault charges against two officers. Trump tweeted that the confrontation may have been a “set up” coordinated by anti-fascist demonstrators. Trump drew a rebuke from James Martin, a Jesuit priest. “[Gugino] is a peace activist and volunteer with the Catholic Worker movement,” Martin tweeted. “Why spread rumors about someone who embodies the Beatitudes? … Jesus said, ‘Blessed are the peacemakers,’ not the rumormongers.”

From the States and Municipalities

Arizona – Attorney for Arizona Tells Federal Court Legislature Can Remove Members with Two-Thirds Vote
KAWC – Howard Fischer (Capitol Media Services) | Published: 6/3/2020

Attorneys for the state and a former Arizona House speaker told a federal court the Legislature is free to remove members for any reason at all, including political affiliation and race, as long as they can muster a two-thirds vote. Steve Tully said there was nothing wrong with the procedures used by J.D. Mesnard, who was speaker in 2018, to investigate then-Rep. Don Shooter and eventually have a vote that resulted in his ouster. The claim drew a skeptical response from Judge Marsha Berzon. She asked whether if the Democrats controlled most of the seats, they could simply decide to remove all Republicans.

California – Fundraiser Pleads Guilty in L.A. City Hall Corruption Case
Los Angeles Times – Joel Ebert | Published: 6/3/2020

A political operative pleaded guilty to bribery, admitting he helped a real estate developer pay off a Los Angeles City Council member for help with a major development project. The guilty plea by Justin Jangwoo Kim is the latest turn in an on-going investigation by the FBI and the U.S. attorney’s office into “pay-to-play” schemes and other corruption in City Hall. Many details included in the court records have identified the council member as Jose Huizar, who served on a council committee that handles real estate projects and whose offices and home were raided by FBI agents in 2018. Huizar has not been charged with a crime in the case.

California – L.A. Police Union Spent Big in Local Elections. Some Politicians Now Shun the Money
Los Angeles Times – Emily Alpert Reyes | Published: 6/10/2020

The Los Angeles Police Protective League, which represents rank-and-file officers, has been a significant force in local elections. In the past decade, the union has given more than $100,000 directly to city candidates. Its independent expenditure committees, which cannot legally be controlled by candidates and do not have the same limits on donations, have spent millions of dollars more. Now, that money is under scrutiny by city residents supporting a national movement against police brutality, and some local politicians say they will not accept it anymore.

California – ‘This Is Money Laundering 101’; More People Charged in Widening SF Public Corruption Probe
KPIX – Staff | Published: 6/8/2020

Three defendants in San Francisco’s public corruption scandal – Sandra Zuniga, Balmore Hernandez, and Florence Kong – were charged with a variety of federal crimes including money laundering, bribery, and making false statements to investigators stemming from a probe of Mohammed Nuru, the former San Francisco Public Works Chief. Nuru was charged for an alleged scheme to bribe a San Francisco Airport commissioner. The complaint against Nuru also alleged he engaged in several additional schemes, including obtaining free and discounted labor and construction equipment from contractors to help him build a personal vacation home while those contractors were also engaging in business with the city.

Colorado – Ethics Commission Concludes Hickenlooper Violated Colorado’s Gift Ban for Public Officials
Colorado Public Radio – Andrew Kennedy | Published: 6/5/2020

The Independent Ethics Commission ruled U.S. Senate candidate John Hickenlooper violated Colorado ethics law as governor by accepting a private jet flight to an official event and by receiving benefits he did not pay for at a meeting of government, business, and financial leaders in Italy. The commission dismissed four other complaints against Hickenlooper that were filed by a conservative group led by a former Colorado House speaker. It scheduled a June 12 hearing to discuss possible fines for the violations as well as for a contempt order it issued when Hickenlooper ignored a subpoena to appear at its hearing.

Florida – GOP Expects to Move Its Convention to Jacksonville After Dispute with North Carolina Over Pandemic Safeguards
MSN – Annie Linskey and Josh Dawsey (Washington Post) | Published: 6/9/2020

Seeking a city willing to allow a large-scale event amid the coronavirus pandemic, Republicans have tentatively settled on Jacksonville, Florida, as the new destination for the premier festivities of the Republican National Convention (RNC) in August. The details of the arrangement are still in flux and RNC aides are scrambling to determine whether the city has enough hotel rooms to accommodate the quadrennial event, which typically kicks off the final stretch of the presidential campaign. The highly unusual decision to seek an alternative location for the convention’s marquee events stems from President Trump’s desire to accept his party’s nomination before an enormous crowd.

Georgia – Georgia’s Election Mess: Many problems, plenty of blame, few solutions for November
New York Times – Richard Fausset and Reid Epstein | Published: 6/10/2020

As multiple investigations begin into what went wrong during with the Georgia primary elections, and as Democrats accuse the state’s Republicans of voter suppression, a picture emerged of a systematic breakdown that both revealed general incompetence and highlighted some of the thorny and specific challenges the coronavirus pandemic may pose to elections officials nationwide. As it seeks answers, Georgia is being roiled by a politically volatile debate over whether the problems were the result of mere bungling, or an intentional effort by Republican officials to inhibit voting. Georgia is expected to be a presidential battleground in November, as well as the site of two contested Senate races that could determine control of the chamber.

Hawaii – How A Major Campaign Donor Got A Million-Dollar Cleaning Contract in Honolulu
Honolulu Civil Beat – Blaze Lovell | Published: 6/8/2020

The city and county of Honolulu in March gave a $1.4 million contract to a local industrial cleaning company to clean Oahu’s buses every night so the fleet could operate through the coronavirus pandemic. But H2O Process Systems got the contract without having to go through the usual competitive bidding process because the law governing purchases for government agencies was suspended as part of Hawaii Gov. David Ige’s emergency proclamation. H2O Process System’s owner, Milton Choy, has been a prolific political donor to Hawaii’s mayors, governors, and lawmakers.

Iowa – Gov. Kim Reynolds Signs ‘Compromise’ Felon Voting Restriction Bill into Law
KGAN – Caroline Cummings | Published: 6/4/2020

Iowa Gov. Kim Reynolds signed a bill into law that will establish some restrictions if voters ratify a constitutional amendment automatically restoring felons’ voting rights at the completion of their sentence. Current law, the strictest in the nation, bans people with felony records from voting for life unless they successfully petition the governor to get those rights restored. The policy is enshrined in the state constitution and the governor has advocated for the last two years to pass an amendment to change that.

Maryland – Former Baltimore Mayor Catherine Pugh Expected to Plead Guilty to Perjury in State Case
Baltimore Sun – Tim Prudente | Published: 6/9/2020

Former Baltimore Mayor Catherine Pugh is expected to plead guilty to a misdemeanor charge of perjury in state court, Maryland State Prosecutor Charlton Howard III said, before she departs for federal prison in Alabama. Prosecutors charged her with perjury for willfully omitting her lucrative “Healthy Holly” children’s book business from the financial disclosure forms she filed as a state senator. The perjury charge carries a maximum of 10 years in state prison. Pugh’s federal prison term has been postponed pending the resolution of the state case.

Missouri – Democratic Club in North St. Louis County Fined $2,500 for Cash Withdrawal, Reporting Failures
St. Louis Post-Dispatch – Jack Suntrup | Published: 6/4/2020

A St. Louis County Democratic club faces a $2,500 fine after the Missouri Ethics Commission found the group made cash payments to 13 campaign workers and did not properly document the spending in disclosure reports. The Norwood Township Democratic Club’s will have to pay the state $1,600 if it pays within 45 days. The group will have to pay the full fine if it commits any more violations within two years.

Nevada – Judge Extends Signature-Gathering Deadline for Proposed Redistricting Commission Ballot Question
Nevada Independent – Riley Snyder | Published: 5/29/2020

An effort to place a ballot question creating an independent redistricting commission on the 2020 ballot will have a second chance at life after a federal judge agreed to extend a June deadline to turn in signatures for the petition under “unique factual circumstances” brought by the COVID-19 pandemic U.S. District Court Judge Miranda Du partially granted the request of Fair Maps Nevada to extend the deadline to collect signatures for the petition, which needs to garner 97,598 signatures by June 24 to make it on to the ballot. Attorneys for the group had said it collected around 10,000 signatures before Gov. Steve Sisolak ordered nonessential business shutdowns and other social distancing directives in mid-March.

New Jersey – N.J. Legislative Aide Accused of Rape Resigns Though Investigation Found No Proof of Wrongdoing, Sources Say
Newark Star Ledger – Susan Livio (NJ Advance Media) and Kelly Heyboer (NJ Advance Media) | Published: 6/4/2020

A staff member in the New Jersey Assembly accused of raping a female lobbyist is stepping down from his job after an internal investigation. No charges are expected to be filed against the man, however, after an internal investigation initiated by the state Legislature did not find enough evidence to prove the sexual assault claim. The alleged victim in the case has appealed the ruling and the case is ongoing.

New York – State Ethics Panel Split Over Charges of Cuomo Influence
Albany Times Union – Brendan Lyons | Published: 6/10/2020

Six members of the New York Joint Commission on Public Ethics (JCOPE) have called on the panel’s chairperson, Michael Rozen, to conduct a search for an “independent” executive director amid longstanding criticism that JCOPE’s leadership and operations have been too closely aligned with Gov. Andrew Cuomo and the state Legislature. JCOPE’s top staff position has been vacant since the departure a year ago of former Cuomo counsel Seth Agata, whose resignation left the embattled commission in search of its fourth executive director in eight years.

Ohio – Councilman Matt Zone, Chair of Police Oversight Committee, Acknowledges Son Is a Cleveland Officer
Cleveland Plain Dealer – Robert Higgs | Published: 6/9/2020

Cleveland City Councilperson Matt Zone publicly acknowledged for the first time his son is serving as an officer with the city police department that Zone oversees as chair of council’s Public Safety Committee. Zone said he checked with the Ohio Ethics Commission when his son joined the police force in December 2015 and was assured that retaining his leadership position on the committee would not pose a problem. Zone also said he chose not to make a public disclosure at the time so as not to cause a distraction for his son as he started his new job. Zone’s disclosure comes as police leaders face criticism from some members of the public about whether the department was adequately prepared for demonstrations on May 30 that evolved into looting in downtown Cleveland.

Oregon – Oregon Redistricting Campaign Hopes Huge Mailing Will Help Initiative Qualify for November Ballot
Portland Oregonian – Hillary Borrud | Published: 6/10/2020

Oregon voters by the hundreds of thousands are receiving letters asking them to help get an independent redistricting proposal on the November ballot, as coronavirus social distancing guidelines largely rule out traditional signature gathering strategies. Initiative Petition 57 would transfer the job of redrawing Oregon’s legislative and congressional district lines from the state Legislature to a new 12-member commission. Supporters must gather 149,360 valid signatures by July 2 to qualify the initiative for the ballot.

Oregon – The Oregonian/OregonLive’s ‘Polluted by Money’ Wins Inaugural Collier Prize
Portland Oregonian – Staff | Published: 6/10/2020

“Polluted by Money,” a four-part series by Portland Oregonian reporter Rob Davis, won the inaugural Collier Prize for State Government Accountability. The prize is administered by the University of Florida College of Journalism and Communications. The series exposed how Oregon’s lack of campaign finance limits led to an easy tolerance of polluters by state lawmakers who benefited from campaign contributions. After the series ran, lawmakers referred a long-stalled constitutional amendment to the November 2020 ballot, which will allow Oregonians to decide whether they want to make political contributions limits legal.

Pennsylvania – Pittsburgh Post-Gazette Staff Revolts Over Sidelining of 2 Black Colleagues
New York Times – Rachel Abrams and Marc Tracy | Published: 6/10/2020

Two prominent black staff members, a reporter, and a photojournalist at The Pittsburgh Post-Gazette said newsroom leaders had unfairly kept them from covering the protests against racism and police violence. The Newspaper Guild of Pittsburgh, the union that represents the paper’s staff members, called on readers to send letters demanding that reporter Alexis Johnson and photojournalist Michael Santiago be allowed to cover the protests. More than 80 Post-Gazette staff members have taken the side of their sidelined colleagues in social media posts, the guild said.

South Carolina – Judge Throws Out Upstate Lawmaker’s Suit Against SC GOP, Primary Challenger
The State – Maayan Schechter | Published: 6/5/2020

A South Carolina judge threw out a lawsuit filed by a lawmaker who sued the state Republican Party and its primary backed challenger, Vaughn Parfitt, over allegations the GOP spent beyond the legal expenditure limits. State Rep. Jonathon Hill alleged the party violated ethics laws by spending more than $5,000 on Hill’s primary challenger by way of campaign mailers on multiple dates. Hill’s complaint said the GOP is limited to spending no more than $1,000 per election cycle in support of any campaign.

Tennessee – Campaign Finance Officials Uphold $465,000 Fine Against Ex-Lawmaker Jeremy Durham
MSN – Joel Ebert (The Tennessean) | Published: 6/10/2020

The Tennessee Registry of Election Finance rejected an administrative law judge’s decision regarding a $465,000 fine levied against former state Rep. Jeremy Durham. The registry unanimously voted in favor of rejecting an opinion from Administrative Law Judge Steve Darnell, who said the panel excessively fined Durham while saying auditors failed to prove his expenditures were illegal. Darnell’s decision came after Durham, who was ousted from the Legislature after facing allegations of inappropriate sexual contact with at least 22 women, appealed the registry’s massive fine against him for violating campaign finance law hundreds of times.

Tennessee – Judge: Tennessee must allow postal voting for all amid virus
Politico – Associated Press | Published: 6/4/2020

Tennessee must give all its 4.1 million registered voters the option to cast ballots by mail during the coronavirus pandemic, Davidson County Chancellor Ellen Hobbs Lyle ruled. Lyle said the state’s limits on absentee voting during the pandemic constitute “an unreasonable burden on the fundamental right to vote guaranteed by the Tennessee Constitution.” The decision upends a determination by Secretary of State Tre Hargett’s office that fear of catching or unwittingly spreading the virus at the polls would not qualify someone to vote by mail. The state argued such an expansion would not be feasible for the 2020 elections, claiming lack of money, personnel, and equipment for increased voting by mail, among other concerns.

Texas – Federal Appeals Court Extends Block on Voting-by-Mail Expansion in Texas
Texas Tribune – Alexa Ura | Published: 6/4/2020

A three-judge panel of the U.S. Fifth Circuit Court of Appeals extended its order blocking a lower court’s sweeping ruling that would have allowed all Texas voters to qualify to vote by mail during the coronavirus pandemic. With early voting for the primary runoff elections starting later in June, and the state Supreme Court also blocking expanded voting by mail is a separate case, the ruling effectively eliminates the possibility that Texas voters will be able to legally request mail-in ballots solely because they fear a lack of immunity to the new coronavirus will put them at risk if they vote in person. The issue is likely headed to the U.S. Supreme Court.

Texas – Furor in Texas GOP After Leaders Post Racist Memes That Suggest Floyd’s Death Is a Hoax
Washington Post – Ted Armus, Meryl Kornfield, and Annie Gowan | Published: 6/6/2020

One Facebook post falsely claimed that the killing of George Floyd in police custody last month was a “staged event,” meant to rile up opposition to President Trump. Another showed a quote from Martin Luther King Jr. next to a banana, an established racist trope. A third claimed that George Soros, the liberal billionaire, paid “white cops to murder black people” and “black people to riot because race wars keep the sheep in line.” All these posts were shared in recent days by Republican county leaders in Texas, some of whom are now facing calls to resign from top officials within their own party. The posts have unleashed controversy in the state where Republicans are struggling to beat back Democratic advances in the diversifying electorate.

Washington – Judge Orders Freedom Foundation to Pay $80,000 in Attorney General’s Campaign Finance Case
Access Washington – Washington Attorney General’s Office | Published: 6/8/2020

A Thurston County Superior Court judge ordered the Freedom Foundation to pay $80,000 for violating Washington’s campaign finance law. State Attorney General Bob Ferguson’s lawsuit asserted the organization failed to properly and timely file independent expenditure reports disclosing the value of the legal services it provided to support ballot propositions in the cities of Sequim, Chelan, and Shelton, as required. In January of this year, a judge found the Freedom Foundation violated the law.

Washington DC – Trump-Connected Lobbyist Ends Coronavirus Contract with D.C. Amid Bowser, White House Feud
Washington Post – Josh Dawsey and Fenit Nirappil | Published: 6/5/2020

A lobbyist with ties to President Trump, ended his relationship with the District of Columbia as tensions grew between the president and Mayor Muriel Bowser. Brian Ballard was hired by the city to secure coronavirus funding. “We can’t be effective under the current situation,” Ballard said, about an hour after Trump lambasted Bowser on Twitter as part of a days-long feud over protests in the nation’s capital. Ballard has become one of the most profitable lobbyists in Washington during the Trump administration and he fundraises for the president’s campaign.

June 11, 2020 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance California: “L.A. Police Union Spent Big in Local Elections. Some Politicians Now Shun the Money” by Emily Alpert Reyes for Los Angeles Times Missouri: “Democratic Club in North St. Louis County Fined $2,500 for Cash Withdrawal, Reporting Failures” […]

June 10, 2020 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance Washington: “Judge Orders Freedom Foundation to Pay $80,000 in Attorney General’s Campaign Finance Case” by Washington Attorney General’s Office for Access Washington Ethics National: “Joe Biden Let Police Groups Write His Crime Bill. Now, His Agenda Has Changed.” […]

June 9, 2020 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance National: “‘Bloomberg Loophole’ Paves the Way for Rich Donors to Ignore Contribution Limits” by David Moore for Sludge South Carolina: “Judge Throws Out Upstate Lawmaker’s Suit Against SC GOP, Primary Challenger” by Maayan Schechter for The State Elections […]

June 8, 2020 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance National: “Political Advertising Grows on Streaming Services, Along with Questions About Disclosure” by Fredreka Schouten for CNN Elections Texas: “Federal Appeals Court Extends Block on Voting-by-Mail Expansion in Texas” by Alexa Ura for Texas Tribune Ethics National: “Tech […]

June 5, 2020 • Written by Jim Sedor

News You Can Use Digest – June 5, 2020

National/Federal As Trump Attacks Voting by Mail, GOP Builds 2020 Strategy Around Limiting Its Expansion MSN – Amy Gardner, Shawn Boberg, and Josh Dawsey (Washington Post) | Published: 6/1/2020 President Trump’s persistent attacks on mail-in voting have fueled an unprecedented effort […]

National/Federal

As Trump Attacks Voting by Mail, GOP Builds 2020 Strategy Around Limiting Its Expansion
MSN – Amy Gardner, Shawn Boberg, and Josh Dawsey (Washington Post) | Published: 6/1/2020

President Trump’s persistent attacks on mail-in voting have fueled an unprecedented effort by conservatives to limit expansion of the practice before the November election, with tens of millions of dollars planned for lawsuits and advertising aimed at restricting who receives ballots and who remains on the voter rolls. The strategy, embraced by Trump’s reelection campaign, the Republican National Committee, and an array of independent conservative groups, reflects the recognition by both parties that voting rules could decide the outcome of the 2020 White House race amid the electoral challenges posed by the coronavirus pandemic.

Campaign Funds for Judges Warp Criminal Justice, Study Finds
New York Times – Adam Liptak | Published: 6/1/2020

In Gideon v. Wainwright, the U.S. Supreme Court ruled poor people accused of serious crimes were entitled to lawyers paid for by the government. But the court did not say how the lawyers should be chosen, and many states settled on a system in which the judge appoints the defendant’s attorney. That system has long been criticized for promoting cronyism and dampening the zeal of lawyers who want to stay in the good graces of judges. A new study documents a more troubling objection. Elected judges, the study found, tend to appoint lawyers who contribute to their campaigns. “Campaign finance is perverting the criminal justice system,” said Neel Sukhatme, a professor at Georgetown Law and an author of the study.

Houston Rep. Dan Crenshaw’s Bestselling New Book Got Boost from Purchases by House GOP Campaign Arm
Dallas Morning News – Tom Benning | Published: 5/28/2020

U.S. Rep. Dan Crenshaw’s bestselling new book, Fortitude: American Resilience in the Era of Outrage, has been boosted by the National Republican Congressional Committee (NRCC) making a large bulk-order purchase. The House GOP’s campaign arm recently spent nearly $400,000 to buy more than 25,000 copies of the freshman Republican’s tome. The purchases were then used in a fundraising appeal that allowed donors to the NRCC to obtain a signed copy of the book. A Crenshaw aide would not answer if the lawmaker received royalties from the NRCC purchase. But the aide said the House ethics committee, signed off on Crenshaw’s book deal when he took office last year.

How Trump’s Idea for a Photo Op Led to Havoc in a Park
MSN – Peter Baker, Maggie Haberman, Katie Rogers, Zona Kanno-Youngs, and Katie Benner (New York Times) | Published: 6/2/2020

After a day in which President Trump berated “weak” governors and lectured them to “dominate” demonstrators that were protesting the death of George Floyd, the president emerged from the White House and made his way to St. John’s Episcopal Church, where he posed stern-faced, holding up a Bible. The resulting photographs of Trump striding purposefully across Lafayette Square satisfied his desire to project strength. The scene of mayhem that preceded the walk evoked images more commonly associated with authoritarian countries. Trump and his inner circle considered it a triumph that would resonate with many Americans turned off by scenes of urban riots and looting that have accompanied nonviolent protests. But critics were aghast at the use of force against Americans who posed no visible threat at the time.

Interior Watchdog: Agency official pressed EPA to hire relative
Politico – Ben Lefebvre | Published: 5/29/2020

The Interior Department’s internal watchdog said a senior appointed official violated federal laws by using his official email to push the Environmental Protection Agency to hire his son-in-law. The report General is the second time in six months the inspector general has found that Assistant Secretary of the Interior for Insular Areas Doug Domenech broke federal ethics statutes. Domenech was earlier found to have met in 2017 with attorneys for his former employer, the Texas Public Policy Foundation, while the conservative think tank and the Interior Department were battling over a lawsuit, creating the appearance of a conflict-of-interest.

Judge Asks Court Not to ‘Short Circuit’ His Review of Flynn Case
New York Times – Charlie Savage | Published: 6/1/2020

The Justice Department’s conduct in abruptly deciding to end the case against President Trump’s former national security adviser Michael Flynn was so unusual it raised a “plausible question” about the legitimacy of the move, a lawyer for the trial judge overseeing that case told a federal appeals court. In a court filing, the lawyer for U.S. District Court Judge Emmet Sullivan asked a three-judge panel not to cut short his review of the factual and legal issues surrounding the case. A defense lawyer for Flynn had asked the appellate panel to issue a so-called writ of mandamus ordering the judge to immediately dismiss it without letting him complete an assessment.

Lawmakers Have Been Sleeping in Their Capitol Offices for Years, Coronavirus Is Reviving a Push to End It
USA Today – Cristal Hayes | Published: 5/28/2020

Dozens of lawmakers on Capitol Hill have made their offices a second home, sleeping on couches, makeshift mattresses, or fold-out beds at night and getting ready for work before their staffs arrive the next morning. An estimated 100 lawmakers sleep in their offices, including House Minority Leader Kevin McCarthy. But the coronavirus outbreak has reignited a years-old fight to stop what has become known as the “couch caucus,” with some lawmakers arguing that their colleagues sleeping in their offices is not only improper, it also increases the chances of spreading COVID-19 to colleagues and staff at the Capitol.

Pence Chief of Staff Owns Stocks That Could Conflict with Coronavirus Response
National Public Radio – Tim Mak | Published: 5/28/2020

Marc Short, the chief of staff to Vice President Mike Pence, owns between $506,043 and $1.64 million worth of individual stocks in companies doing work related to the Trump administration’s pandemic response, holdings that could run afoul of conflict-of-interest laws. Many of the medical, pharmaceutical, and manufacturing companies in which Short and his wife hold stock have been directly affected by or involved in the work of the Coronavirus Task Force, chaired by Pence. Other companies have been publicly touted by the White House for their work with the federal government on the coronavirus response.

Steve King Ousted on Historic Primary Night
Politico – Allie Mutnick, James Arkin, and Zach Montellaro | Published: 6/2/2020

Rep. Steve King will leave Congress after this year, ending a nearly two-decade-long career that included numerous inflammatory comments on race and immigration. The Iowa Republican lost his bid for a 10th term when GOP voters in his Iowa district awarded state Sen. Randy Feenstra with the nomination after a fierce primary battle. Feenstra’s decisive victory is a boon to leaders in both parties, including Republican leaders who stripped King of his committee assignments last year and had long felt his offensive and racist rhetoric cast a shadow on the party.

This Treasury Official Is Running the Bailout. It’s Been Great for His Family.
ProPublica – Justin Elliott, Lydia DePillis, and Robert Faturechi | Published: 6/2/2020

Federal Reserve Chairperson Jerome Powell and Treasury Secretary Steven Mnuchin have become the public faces of the $3 trillion federal coronavirus bailout. Behind the scenes, however, the Treasury’s responsibilities have fallen largely to the deputy secretary, Justin Muzinich. A major beneficiary of that bailout so far: Muzinich & Co., the asset manager founded by his father where Justin served as president before joining the administration. He reported owning a stake worth at least $60 million when he entered government in 2017.

Trump Signs Order That Could Punish Social Media Companies for How They Police Content, Drawing Criticism and Doubts of Legality
Seattle Times – Elizabeth Dwoskin and Tony Romm (Washington Post) | Published: 5/28/2020

President Trump signed an executive order aimed at increasing the ability of the government to regulate social media platforms. The new directive seeks to change a federal law that has spared tech companies from being sued or held liable for most content shared by users on their sites. Trump has argued these protections allow Facebook, Google, and Twitter to censor conservatives. The order seeks to channel complaints about political bias to the Federal Trade Commission, which the White House asked to probe whether the companies’ content-moderation policies adhere to their pledges of neutrality. It also created a council in cooperation with state attorneys general to probe allegations of censorship based on political views.

Veteran Lobbyists Flex Muscles in K Street’s New Normal
The Hill – Alex Gangitano | Published: 5/28/2020

K Street lobbyists are trying to deliver coronavirus relief funds for their clients while also learning to navigate the new digitally focused landscape, a change from their routine of attending fundraisers and meeting with lawmakers and their staffs in person on Capitol Hill. The difficulty in establishing new connections means many are relying on existing ties, making it harder for newcomers and those who desperately need to expand their networks. “The Zoom lobbying period had made it particularly difficult for starting a relationship with a member or staff and building the level of trust necessary to do our job,” said Ivan Zapien, a partner at Hogan Lovells. That has also put veteran lobbyists at an advantage.

From the States and Municipalities

California – Corruption Probe Takes Down Another at LA City Hall
Courthouse News Service – Nathan Solis | Published: 5/27/2020

George Esparza, a former aide to Los Angeles City Council member Jose Huizar, agreed to plead guilty in the ongoing corruption investigation at City Hall, becoming the closest associate of the councilperson so far to be snared in the federal “pay-to-play” probe. Esparza’s indictment details bribes paid to an unnamed councilperson to move ahead development projects in their district, to help a relative’s political aspirations, and settle a sexual harassment lawsuit. The corruption probe has resulted in multiple arrests All previous indictments corroborate evidence that the unnamed council member in the money-making scheme is Huizar and Esparza’s cooperation and indictment furthers that theory.

California – DAs Demand Ban on Endorsements and Donations to Prosecutors by Police
Courthouse News Service – Maria Dinzeo | Published: 6/1/2020

A coalition of current and former district attorneys called on the American Bar Association and the California State Bar to pass an ethics rule prohibiting prosecutors from accepting political donations and endorsements from law enforcement agencies and police unions. The request follows a weekend of mass demonstrations against police brutality following the killing of George Floyd at the hands of Derek Chauvin, a Minneapolis police officer who has since been fired and charged with third-degree murder. The district attorneys, who review use of force incidents and make charging decisions against police officers, said they must cut money and politics out of the equation to help build the public’s trust in the judicial system.

California – Lawyer at Center of Tax-Sharing Deals Being Probed on Ethics Law
Bloomberg Tax – Laura Mahoney | Published: 5/28/2020

Robert Cendejas, a lawyer who has brokered sales-tax incentive deals between cities and major e-commerce companies that included multimillion-dollar payouts for himself, is being investigated by the California Fair Political Practices Commission for possible conflict-of-interest violations. In the case of the city of Ontario, Cendejas has represented or consulted for the city on tax policy. He has also represented a number of California cities in tax disputes with the state’s Board of Equalization. The deals typically last for decades and, in deals he helped negotiate, Cendejas has reached separate agreements to get a percentage of the additional tax collections for himself.

California – Legislative Inquiry Finds Assemblyman Committed Sexual Harassment
Politico – Carla Marinucci | Published: 5/27/2020

A Legislative Counsel investigation determined California Assemblyperson Bill Brough engaged in sexual misconduct on multiple occasions, including an offer of political help in exchange for going to his apartment. Assembly Speaker Anthony Rendon removed him from all of his committee assignments and suggested Brough would face additional punishment. In the meantime, Brough is required to take “additional harassment, discrimination, and retaliation prevention training.”

California – More Costly Campaigns During COVID? Councilwoman Asks About Raising Contribution Limits
Long Beach Post – Jason Ruiz | Published: 5/27/2020

A changing election landscape and a global pandemic has some Long Beach politicians asking how the city can raise its cap on political contributions to help fuel campaigns through a longer election cycle and, presently, one where volunteers may be hesitant about knocking on doors. Councilperson Mary Zendejas, who chairs the Elections Oversight Committee, asked the city attorney’s office to start looking at the issue. Zendejas said the city should look at increasing the $400 limit from individual donors to help those campaigning through the pandemic and beyond.

Colorado – John Hickenlooper Must Testify in Ethics Complaint, Denver Judge Rules Hours Before Hearing
Colorado Sun – John Frank | Published: 6/3/2020

John Hickenlooper, the former Colorado governor who is running for the U.S. Senate, must testify at a hearing about whether his travel on private planes amounts to a violation of the state’s gift ban. Denver District Court Judge Christopher Baumann issued a ruling that declined Hickenlooper’s request to block a subpoena and delay the remote hearing before the Independent Ethics Commission. The judge dismissed Hickenlooper’s concerns about the format of the hearing and questioned the last-minute lawsuit given the remote hearing was initially scheduled in early May.

Connecticut – Jon Lender: Despite COVID-19, legislators and PACs still put the touch on lobbyists, others for contributions; but now the touch is virtual
Hartford Courant – Jon Lender | Published: 5/29/2020

While the coronavirus pandemic has shut down nations and states, it cannot stop the machinery of campaign fundraising whether in the presidential campaign or down at the level of Connecticut General Assembly candidates. And, just as experts now say that viruses adapt during a pandemic, so do political fundraising methods. Under the subject “Virtual Fundraiser” from Connecticut Deputy House Majority Leader Jeff Currey, read: “CURREY PAC was hoping to host a summer fundraiser, but in light of our social distancing efforts, I’d like to offer some 1-on-1 time, via Zoom. To donate, click the link below. If you would also like to schedule a 1:1 virtual chat, please reply to this email with the preferred time ….” The email recipients included past donors and lobbyists.

Florida – Florida Demands State Vendors Identify Links with China
The Center Square – John Haughey | Published: 5/28/2020

The Florida Department of Financial Services has requested 100,000 private companies registered as vendors authorized to bid on state contracts to verify within 30 days whether they are “majority-owned by United States interests.” Florida Chief Financial Officer Jimmy Patronis said the goal of the query is to “better identify businesses that are majority Communist Party of China-owned that do business with the state of Florida.”

Idaho – Ada Co. GOP Chair Used Party Funds on Private Expense, Allowed Questionable Audit
Boise State Public Radio – James Dawson | Published: 5/27/2020

Ryan Davidson, chairperson of the Ada County Republican Central Committee, used his own party’s money to pay for advice related to his private lobbying business in 2018. A review of the organization’s finances under Davidson’s watch has also been conducted by an insider who pleaded guilty to misusing public money in the past. Facebook messages show Davidson admitting he “inadvertently’ paid $100 from county GOP funds to Holly Cook, a public relations professional and political consultant.

Kansas – Kansas Agencies Say Senate Candidate’s Raffle of Signed Chiefs Jersey Violates Law
McClatchy DC – Bryan Lowry | Published: 5/27/2020

Dave Lindstrom’s campaign for the U.S. Senate may be violating Kansas law by raffling a Kansas City Chiefs jersey signed by Patrick Mahomes, according to two state agencies. Lindstrom, a former Chiefs player, is running the Republican nomination to replace retiring U.S. Sen. Pat Roberts. The campaign began selling $20 tickets recently for a June 23 raffle of the Super Bowl MVP’s jersey. Kansas law only permits charities to conduct raffles. All other entities are restricted, including political campaigns, according to Zach Fletcher, spokesperson for the state Department of Revenue.

Kentucky – Beshear Makes Appointments to Executive Ethics Commission
AP News – Staff | Published: 5/28/2020

Kentucky Gov. Andy Beshear is reorganizing a state commission that promotes ethical conduct by elected officials in the executive branch. The governor said he wanted to “restore the Executive Branch Ethics Commission to what it should be.” Beshear, a Democrat, made three appointments to the five-member board and said he would take recommendations from the state attorney general and state auditor for two more positions. Both the attorney general and the auditor are Republicans.

Michigan – Bucci Pleads Guilty in Macomb Extortion Scandal
Detroit News – Robert Snell | Published: 5/28/2020

Former Macomb Township Trustee Dino Bucci pleaded guilty to embezzling money, extorting contractors, and serving as the bagman for ex-county public works Commissioner Anthony Marrocco during a decades-long extortion conspiracy. The allegations were outlined in a new criminal case that accused Bucci of stealing public tax dollars and extorting businesspeople during a crime spree that spanned his tenure as a Republican politician and his county job working for Marrocco. The criminal case was filed hours after Marrocco was indicted and accused of orchestrating a conspiracy that extorted money from country contractors that prosecutors say was spent on personal luxuries.

Michigan – Gov. Whitmer: I didn’t OK Dem firm for coronavirus project, despite emails
Bridge Michigan – Jonathan Oosting | Published: 5/28/2020

Michigan Gov. Gretchen Whitmer disputed a health official’s characterization that her office gave a “green light” for the state to hire a Democratic campaign consultant’s firm to lead a volunteer COVID-19 contact tracing program. Whitmer said she did not personally learn about the contract until after it was signed on April 20, despite an email that showed her communications director discussing the “arrangement” days before the $194,250 deal was finalized. Her denial follows a news report about emails that appear to show Michigan officials tried to avoid controversy over the contact tracing contract by shifting planned work to apolitical subsidiaries of firms with known partisan leanings.

Mississippi – Lt. Governor Withdraws Request for Ethics Decision Over Small Business Grants for Lawmakers
Jackson Clarion-Ledger – Luke Ramseth | Published: 5/27/2020

Lt. Gov. Delbert Hosemann withdrew a request to the Mississippi Ethics Commission asking whether lawmakers could apply for coronavirus small business relief funding the Legislature approved. The panel discussed the issue at a special meeting and was expected to make a decision soon. Ethics Commission Executive Director Tom Hood said no explanation was given for why the request was withdrawn. Sente Bill 2772 specified that lobbyists, businesses that hired a lobbyist, or ones involved in partisan political activities could not receive the grants. But the bill did not say anything about the people who passed the bill.

Montana – U.S. Supreme Court Won’t Hear Challenge to Montana Campaign Finance Law
Bozeman Daily Chronicle – Holly Michels | Published: 6/1/2020

The U.S. Supreme Court declined to hear a case that challenged Montana’s law on disclosing the spending for political ads within 60 days of an election. The Ninth U.S. Circuit Court of Appeals upheld the state law that nonprofit groups running ads that mention candidates, political parties, or ballot issues in the 60-day window before an election have to report any spending of $250 or more and say who funded their efforts.

Nevada – Nev. Elections Office Reviewing MedMen Donation Allegations
AP News – Michelle Price | Published: 5/27/2020

The Nevada secretary of state’s office is reviewing allegations made by a former executive of the cannabis company MedMen Enterprises that the company’s co-founders made illegal campaign donations to Gov. Steve Sioslak. In a lawsuit, MedMen Chief Financial Officer James Parker alleged board member Adam Bierman, the company’s co-founder, gave the maximum $10,000 campaign donation allowed by law to a Nevada politician. The lawsuit alleges Bierman illegally forced Parker to make a similar contribution and company funds were illegally used to buy furniture for co-founder and executive Andrew Modlin in order to reimburse Modlin for a similar campaign donation made in his name.

New Mexico – Mixed Ruling on State’s Ethics Law
Albuquerque Journal – Dan McKay | Published: 6/2/2020

The state Court of Appeals has ruled that part, but not all, of New Mexico’s anti-corruption law is too vague to be enforced. In a complex ruling, the court ordered the reinstatement of at least one ethics charge against three defendants: former Doña Ana County Treasurer David Gutierrez, Sixth Judicial District Attorney Francesca Estevez, and former San Juan County Magistrate Judge Connie Lee Johnston. The judges did not rule on the defendants’ guilt or innocence, just that charges could proceed. By contrast, the court dismissed a series of other charges against them and against former Taxation and Revenue Secretary Demesia Padilla.

New York – New Round of Subpoenas Issued in Investigation into Mayor Warren Campaign Funds
Rochester Democrat and Chronicle – Gary Craig | Published: 5/29/2020

The investigation into whether there were irregularities with Rochester Mayor Lovely Warren’s 2017 re-election campaign is not over. The Monroe County district attorney’s office subpoenaed businesses and other entities that assisted the campaign. The Rochester Democrat and Chronicle reported in December 2018 that vendors who were contracted by the Warren campaign or political committees had been subpoenaed for campaign-related records. But, afterward, there was no public word on how the investigation was progressing, or whether it had or had not unearthed evidence of campaign financing fraud. However, the investigation was a joint probe with the state Board of Elections, which last year was locked in an internal struggle over whether it was sluggish or unwilling to aggressively pursue political investigations.

North Carolina – A Confrontation Between NC Senators, a Police Report, and a Secretive Ethics Process
MSN – Jessica Huseman (ProPublica) and Dawn Baumgartner Vaughan (Raleigh News and Observer) | Published: 5/27/2020

North Carolina Sen. Erica Smith filed a complaint accusing other state lawmakers of bullying and making sexual comments and verbal insults to her and asked for expulsion from the Senate for two of them. The Legislative Ethics Assembly recently dismissed parts of her complaint. Documents show a conclusion by police that state Sen. Paul Lowe assaulted Smith during an altercation at a Democratic caucus meeting last September 11. He has not been charged. The records also reveal infighting between Senate Democrats and allegations against multiple senators that include sexually harassing comments.

North Carolina – Raleigh Mayor Now Working for Company That Got $6M City Contract. No Conflict, She Says.
Raleigh News and Observer – Anna Johnson | Published: 5/28/2020

Raleigh Mayor Mary-Ann Baldwin began interviewing for her new job with a construction company nine days after the company received a $6.3 million city contract. The job and its timing have some of the mayor’s frequent critics calling it a conflict-of-interest. Baldwin says she was not yet in touch with the company when the Raleigh City Council unanimously voted on the contract. A former five-term council member who was elected mayor in 2019, Baldwin is now director of Business Development for Barnhill Contracting’s Triangle and Streamline Divisions. She was formerly vice president at Holt Brothers Construction and executive director of the Holt Brothers Foundation, which supports children who have a parent with cancer.

North Carolina – Republicans Will Move Trump Convention Speech Out of Charlotte
New York Times – Annie Karni | Published: 6/2/2020

Republicans said they were moving President Trump’s convention speech out of Charlotte, North Carolina, and to another city, after coming to a stalemate with Democratic officials in the state about safety and crowd size restrictions because of the coronavirus. But Republican officials also said they could still hold other convention business in Charlotte, so as not to break a formal contract they signed with the city more than two years ago. Party officials are planning a visit to Nashville to assess its suitability for the convention. Other cities under consideration are Las Vegas, Orlando, and Jacksonville, as well as sites in Georgia.

Pennsylvania – A Congressman Caught in the 1970s Abscam Sting Is Now at the Heart of a Philly Election Fraud Probe, Sources Say
Philadelphia Inquirer – Jeremy Roebuck, Chris Brennan, and Andrew Seidman | Published: 5/27/2020

A central question lingered after federal recently disclosed a Philadelphia poll worker had admitted taking bribes to stuff ballot boxes in local elections: who was the unnamed “Campaign Consultant #1” described in court filings as the man who paid Domenick DeMuro to inflate vote totals on behalf of favored candidates between 2014 and 2016? Prosecutors have declined to say. But two sources briefed on the matter and an analysis of campaign finance data and court filings in DeMuro’s case point to one man: former U.S. Rep. Michael Myers, who was a key figure in the Abscam scandal of the 1970s.

Pennsylvania – Pa. Can’t Ban Everyone Involved in the Gaming Industry from Donating to Political Campaigns: U.S. court
PennLive.com – Matt Miller | Published: 6/1/2020

A federal appeals court agreed that a provision of Pennsylvania law barring campaign contributions from individuals holding ownership stakes in businesses with gaming licenses ran violated constitutional free speech protections. That is so even though the prohibition included in the Race Horse Development and Gaming Act adopted in 2004 is aimed at preventing corruption in state politics, Judge Richard Nygaard wrote in the opinion by the U.S. Court of Appeals for the Third Circuit. Pennsylvania officials have not proven their total ban is justified when those other states impose lesser restrictions that do not severely infringe free speech rights, Nygaard wrote.

Pennsylvania – Pa. House Democrats Say They Were in the Dark for a Week About Republican’s Positive Coronavirus
Spotlight PA – Julia Terruso (Philadelphia Inquirer) and Angela Couloumbis | Published: 5/28/2020

Republican Rep. Andrew Lewis confirmed he tested positive for the coronavirus in May, leading at least one of his Pennsylvania House colleagues, Russ Diamond, to self-quarantine. Diamond has been one of the Legislature’s most vocal opponents of mask-wearing, boasting on social media that he goes shopping without one. The admission immediately ignited outrage among Democrats in the chamber who said they were recklessly left in the dark for nearly a week about Lewis’s condition.

Rhode Island – Ethics Commission Rejects Staff Advice: Opens door for Sen. Lynch Prata to potentially get Supreme Court seat
Providence Journal – Katherine Gregg | Published: 6/2/2020

The Rhode Island Ethics Commission ignored its own staff advice and opened the door for Sen. Erin Lynch Prata to seek a seat on the state Supreme Court. The “revolving door” ban requires a year out of office before a legislator can take a state job, including a judgeship. A 1991 Providence Journal investigation found 49 of the 311 people who had served in the General Assembly the previous decade had gotten state jobs, many of which had never been advertised, while in office or within a year of leaving.

South Carolina – SC Republican House Member Sues His Own Party, Claiming It Helped Primary Opponent
Charleston Post and Courier – Andrew Brown | Published: 6/3/2020

A Republican member of the South Carolina House is suing his own party after it allegedly paid for campaign ads assisting his political opponent in the leadup to the state’s primary election. Rep. Jonathon Hill filed the lawsuit, arguing the state GOP should not be allowed to contribute more than $5,000 to assist his primary opponent’s campaign. Hill has often clashed with the House’s Republican leadership. That animosity grew to the point that other members of the Legislature voted last year to kick him out of the Republican Caucus. Hill believes the spending shows the GOP is illegally influencing the election.

Tennessee – Tennessee House Approves Measure Reducing Campaign Finance Disclosures in Election Years
The Tennessean – Joel Ebert | Published: 6/3/2020

The Tennessee House approved a measure that would claw back campaign finance disclosures during election years. This year, like other election years, lawmakers are required to file five disclosures outlining how they raised and spend campaign money. An additional disclosure is required early next year outlining activity in the final months of 2020.In non-election years, lawmakers are required to file two disclosures. The bill would remove the requirement to file disclosures before the primary and general elections. Those reports currently must be filed no later than seven days before the elections.

Washington DC – Brandon Todd Loses His D.C. Council Seat, and Voters Soundly Reject Jack Evans
Washington Post – Julie Zauzmer and Fenit Nirappil | Published: 6/3/2020

Former District of Columbia Councilperson Jack Evans, who was trying to reclaim the seat he relinquished in January while facing expulsion for ethics violations, finished near the bottom of a crowded field in the Democratic primary, with about 300 votes of nearly 8,000 ballots cast. Evans had asked voters to forgive his transgressions and return him to the office he held for nearly three decades. But two years of scandal, including an FBI search of his home and investigations finding he violated ethics rules at the council and the Washington Metropolitan Area Transit Authority where he served as board chairperson, proved too much to overcome.

West Virginia – This Billionaire Governor’s Been Sued Over Unpaid Bills. A Judge Just Ordered Him to Pay More.
ProPublica – Ken Ward Jr, and Alex Mierjeski | Published: 5/28/2020

The billionaire governor of West Virginia, whose business empire has amassed more than $128 million in judgments and settlements against it for unpaid bills, lost another court case recently that adds millions more to that tally. Gov. Jim Justice’s Bluestone Resources was ordered to pay nearly $2.8 million to a financing company after it stopped making payments on a lease for a bulldozer used in coal mining. The ruling comes as Justice campaigns for a second term as governor, touting his experience as a longtime businessperson. But in advance of the state’s June 9 primary, opponents in both political parties are branding the Republican incumbent as a billionaire scofflaw.

Wisconsin – Wisconsin Supreme Court Agrees to Hear Voter Purge Case
AP News – Scott Bauer | Published: 6/2/2020

The Wisconsin Supreme Court agreed to hear a case seeking to purge about 129,000 voter registrations from the rolls ahead of the November presidential election after previously deadlocking on whether to get involved. Democrats oppose the voter purge, arguing it is intended to make it more difficult for their voters to cast ballots. Conservatives who brought the lawsuit argue the integrity of the vote is at stake, saying when records indicate voters may have moved, their registrations should be deactivated.

June 4, 2020 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance California: “DAs Demand Ban on Endorsements and Donations to Prosecutors by Police” by Maria Dinzeo for Courthouse News Service Kansas: “Kansas Agencies Say Senate Candidate’s Raffle of Signed Chiefs Jersey Violates Law” by Bryan Lowry for McClatchy DC […]

June 3, 2020 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance Montana: “U.S. Supreme Court Won’t Hear Challenge to Montana Campaign Finance Law” by Holly Michels for Bozeman Daily Chronicle Pennsylvania: “Pa. Can’t Ban Everyone Involved in the Gaming Industry from Donating to Political Campaigns: U.S. court” by Matt […]

June 2, 2020 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance National: “Campaign Funds for Judges Warp Criminal Justice, Study Finds” by Adam Liptak for New York Times California: “More Costly Campaigns During COVID? Councilwoman Asks About Raising Contribution Limits” by Jason Ruiz for Long Beach Post Connecticut: “Jon […]

June 1, 2020 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Ethics National: “Pence Chief of Staff Owns Stocks That Could Conflict with Coronavirus Response” by Tim Mak for National Public Radio National: “Trump Signs Order That Could Punish Social Media Companies for How They Police Content, Drawing Criticism and Doubts […]

May 29, 2020 • Written by Jim Sedor

News You Can Use Digest – May 29, 2020

National/Federal ‘A Game-Changer’: Pandemic forces shift in black voter outreach Roll Call – Bridgett Bowman | Published: 5/21/2020 Success in November for Democrats may depend on turning out black voters, but a history of facing voter suppression has fueled skepticism among […]

National/Federal

‘A Game-Changer’: Pandemic forces shift in black voter outreach
Roll Call – Bridgett Bowman | Published: 5/21/2020

Success in November for Democrats may depend on turning out black voters, but a history of facing voter suppression has fueled skepticism among African Americans about voting by mail and a preference to vote in person. Strategies to ensure black turnout are being redrawn as Democratic groups and grassroots organizations test messages in real time to determine how best to educate African American voters reluctant about casting mail-in ballots and reassure them it is safe and secure. It is a three-front battle, playing out in the courts, in federal and state Legislatures, and on the campaign trail.

America’s Economic Pain Arrives on K Street
Politico – Theodoric Meyer and Daniel Lippman | Published: 5/23/2020

A recent survey conducted by the American Society of Association Executives – essentially a trade group for people who lead trade groups – found 35 percent of trade groups estimated they would lose at least a quarter of their revenue because of canceled events and conferences. The cuts have hit trade groups even as many of their lobbyists have been busier than ever, hustling to secure a piece of the trillions of dollars in coronavirus aid for their members. The cuts show Washington’s influence industry is not immune to the economic pain afflicting much of the rest of the country. While much of K Street has experienced a boom as companies have rushed to hire lobbyists to help them secure relief loans, others are hurting.

Appeals Court Denies Lobbyists’ Efforts to Access Small-Business Loan Program
The Hill – Harper Neidig | Published: 5/26/2020

A federal appeals court rejected an effort by a group of lobbyists and political consultants to obtain access to the Paycheck Protection Program and its emergency loans for small businesses hit by the coronavirus pandemic. A three-judge panel on the District of Columbia Circuit Court of Appeals upheld a federal judge’s decision not to grant a request by the American Association of Political Consultants for a preliminary injunction. The panel rejected the group’s argument that excluding lobbyists and political consultants from the loans violated the First Amendment.

Appeals Court Ruling Suggests Little Legal Traction for Trump’s Anti-Twitter Campaign
Politico – Josh Gerstein | Published: 5/27/2020

A ruling that emerged from a federal appeals court recently is strong evidence the courts are unlikely to be receptive to President Trump’s claims that he and his political supporters are being silenced by social media platforms like Twitter. The U.S. Court of Appeals for the District of Columbia Circuit rejected a lawsuit the conservative legal organization Freedom Watch and right-wing provocateur Laura Loomer filed against four major technology companies: Google, Facebook, Twitter, and Apple. Platforms have banned Loomer, citing anti-Muslim statements. The appeals court judges said despite the companies’ power, they cannot violate the First Amendment because it regulates only governments, not the private sector.

As Residents Perish, Nursing Homes Fight for Protection from Lawsuits
Politico – Maggie Severns and Rachel Roubien | Published: 5/26/2020

As an unprecedented catastrophe unfolds in which more than 28,000 people have died of Covid-19 in care facilities, the nursing home industry is responding with an unprecedented action of its own: using its multi-million dollar lobbying machine to secure protections from liability in lawsuits. The industry is one of the lobbying world’s quiet powerhouses. The state actions came after it spent tens of millions of dollars in lobbying and other advocacy per year. At the federal level, the industry has spent more than $4 million on lobbying over the past year, employing more than a dozen full-time lobbyists and drawing on an army of contract lobbyists.

As Trump Removes Federal Watchdogs, Some Loyalists Replacing Them Have ‘Preposterous’ Conflicts
MSN – Lisa Rein and Tom Hamburger (Washington Post) | Published: 5/24/2020

For the first time since the system was created in the aftermath of the Watergate scandal, inspectors general find themselves under systematic attack from the president, putting independent oversight of federal spending and operations at risk. Inspectors general, some in acting roles to begin with, have been fired and demoted with no notice, leaving their staffs in disarray, multiple inspectors general said. Adding to their alarm, several White House nominees awaiting Senate vetting for permanent roles do not meet traditional qualifications for the job. Some say the 40-year era of independent oversight of the executive branch is under threat more than ever.

‘Dark Money’ Groups Dodge Reporting Requirement in New Regulations
Politico – Toby Eckert | Published: 5/26/2020

The Treasury Department and IRS released final regulations under which certain tax-exempt groups will no longer be required to provide the names and addresses of major donors on annual returns filed with the IRS. The rules will affect groups organized under 501(c)(4) of the tax code. Those organizations have no legal obligation to publicly disclose their donors’ identities, but they previously had to give the IRS the names and addresses of donors who gave them more than $5,000. Under the new regulations, the groups will not have to provide the information to the IRS at all.

Facebook Ran Multi-Year Charm Offensive to Woo State Prosecutors
Bloomberg Law – Naomi Nix | Published: 5/27/2020

Facebook went to great lengths to develop friendly relationships with powerful state prosecutors who could use their investigative and enforcement powers in ways that could harm the company’s revenue growth. While state attorneys general are law enforcement officials, they are also politicians, and many see the post as a stepping-stone to higher office. Corporate lobbyists often donate to their campaigns and meet with them at legal conferences, while also pressing their case on state regulatory issues. In the end, the company’s charm offensive met with mixed results: most of those state attorneys general are now investigating Facebook for possible antitrust violations.

Horsford’s Extramarital Affair with Former Senate Staffer Shows How Narrow House Rules Are
Roll Call – Chris Marquette | Published: 5/21/2020

U.S. Rep. Steven Horsford had an extramarital affair with a former Senate intern spanning several years, an example that highlights how narrow the House prohibition against lawmakers sleeping with congressional staffers is. Gabriela Linder said the affair began in 2009 and continued sporadically until 2019. When they met, Horsford was a state senator in Nevada; Linder worked as an intern for former Senate Majority Leader Harry Reid. Horsford did not begin his first stint representing Nevada’s 4th Congressional District until 2013, after Linder stopped working for Reid. If Horsford were to have had a sexual relationship with Linder while he was a member of Congress and she was working in the Senate, although there is no indication he did, it would have been permissible under House rules.

Justice Dept. Ends Inquiries Into 3 Senators’ Stock Trades
New York Times – Katie Benner and Nicholas Fandos | Published: 5/26/2020

The Justice Department notified U.S. Sens. Kelly Loeffler, James Inhofe, and Dianne Feinstein it will not pursue insider trading charges against them after an investigation into stock transactions from the early days of the coronavirus pandemic did not find sufficient evidence that they had broken the law. All three had sold substantial amounts of stock when lawmakers were being briefed on the coronavirus threat but before the pandemic began roiling financial markets or was fully understood by the public. Law enforcement officials appear to still be investigating Sen. Richard Burr, whose own stock sales have drawn scrutiny from the Justice Department and Securities and Exchange Commission.

Lawmakers Press GSA on Trump Hotel’s Request for Financial Relief During Pandemic
Government Executive – Ccourtney Buble | Published: 5/19/2020

House Democrats are pressing the General Services Administration (GSA) for information on the Trump Organization’s request for rent relief during the pandemic for its hotel in a federally leased building. The Trump Organization, for which President Trump’s sons run the daily operations, asked the GSA to treat it like other federal tenants and provide financial relief during the pandemic. Following the news about the request for financial relief, two House committees pressed the GSA for information on the potential conflict-of-interest. The lawmakers said the president is “serving as both tenant and landlord” for the hotel. They also pointed out the hotel is banned from receiving relief loans from the CARES Act under a conflict-of-interest provision.

Lobbyist Register to Be Tightened After Monsanto Case
EU Observer – Nikolaj Nielson | Published: 5/27/2020

Updated European Union (EU) transparency rules set for the end of this year means lobbyists will have to declare much more accurate, and thus likely larger, figures on what they spend to influence decision-making. The EU’s joint transparency register is shared between the European Commission and the European Parliament and lists thousands of entities that work to influence EU legislation. The authority that oversees the register recently announced in a letter it would impose clearer rules to make sure lobbyists do not skirt their reporting obligations.

Republicans Sue Pelosi to Block House Proxy Voting During Pandemic
New York Times – Nicholas Fandos and Michael Schmidt | Published: 5/26/2020

Republican leaders sued Speaker Nancy Pelosi and top congressional officials to block the U.S. House from using a proxy voting system set up by Democrats to allow for remote legislating during the coronavirus pandemic, calling it unconstitutional. Republicans argued new rules allowing lawmakers to vote from afar during the coronavirus outbreak would be the end of Congress as it was envisioned by the nation’s founders. The lawsuit will face an uphill battle in the courts, where judges have been reluctant to second-guess Congress’s ability to set its own rules. But it fits into a broader push by Republicans to put a cloud of suspicion over Democratic efforts to find alternative ways to vote during the pandemic, both in the House and in elections across the country.

Trump Pushes a Conspiracy Theory That Falsely Accuses a TV Host of Murder
MSN – Peter Baker and Maggie Astor (New York Times) | Published: 5/26/2020

President Trump smeared a prominent television host from the Rose Garden with an unfounded allegation of murder. Trump all but accused Joe Scarborough, a former Republican member of Congress who now hosts the MSNBC show “Morning Joe,” of killing a staff member in 2001 even though he was 800 miles away at the time and the police ruled her death an accident. The president’s charge amplified a series of Twitter messages in recent days that have anguished the family of Lori Klausutis, who died when she suffered a heart condition that caused her to fall and hit her head on a desk. Trump doubled down on the false accusation even after Timothy Klausutis pleaded unsuccessfully for Twitter to take down the posts about his late wife because they were causing her family such pain.

Twitter Labels Trump’s Tweets with a Fact Check for the First Time
MSN – Elizabeth Dwoskin (Washington Post) | Published: 5/26/2020

For the first time, Twitter called tweets from Donald Trump “potentially misleading,” a decision that prompted the president to accuse the company of election meddling. Twitter highlighted two of Trump’s tweets that falsely claimed mail-in ballots would lead to widespread voter fraud, appending a message the company introduced to combat misinformation and disputed or unverified claims. It linked to a fact-check page filled with further links and summaries of news articles debunking the assertion. Twitter, which has long grappled with how to address Trump’s tweets, may now find itself under even greater pressure than before to act in a consistent and transparent manner.

Wealthiest Hospitals Got Billions in Bailout for Struggling Health Providers
MSN – Jesse Drucker, Jessica Silver-Greenberg, and Sara Kliff (New York Times) | Published: 5/24/2020

The Providence Health System, one of the country’s largest and richest hospital chains, received at least $509 million in government funds, one of many wealthy beneficiaries of a federal program that is supposed to prevent health care providers from capsizing during the coronavirus pandemic. The Department of Health and Human Services has disbursed $72 billion in grants since April to hospitals and other health care providers through the bailout program. So far, the riches are flowing in large part to hospitals that had already built up deep financial reserves to help them withstand an economic storm. Smaller, poorer hospitals are receiving tiny amounts of federal aid by comparison.

From the States and Municipalities

Arizona – NoDDC PAC Violated Campaign Laws, Lawyer Rules
Scottsdale Progress – Wayne Schutsky | Published: 5/27/2020

The NoDDC PAC and its co-founder Jason Alexander committed multiple campaign finance law violations, according to a report by Phoenix City Attorney Cris Meyer, who proposed 1 $3,000 fine. Meyer found Alexander and NoDDC failed to report some payments over $250 and legal expenses, including a $5,000 city fine for a previous campaign violation that was paid for by Alexander’s personal account and then reimbursed through the PAC.

Arkansas – Ruling Ends Wait for Political Donors
Arkansas Democrat-Gazette – Linda Satter | Published: 5/21/2020

A federal judge made his temporary injunction permanent in allowing Arkansas candidates for statewide office to accept campaign donations more than two years before an election. U.S. District Court Judge James Moody Jr.’s move reinforced his initial ruling that it is unconstitutional for the state to bar those contributions. In January, a three-judge panel of the Eighth U.S. Circuit Court of Appeals upheld Moody’s decision to grant a preliminary injunction against the state’s “blackout period” for accepting political donations

California – Blind Spot: Lobbying behind California coronavirus contracts can stay secret
CalMatters – Laurel Rosenhall | Published: 5/26/2020

California law, despite all the disclosures it demands from lobbyists, does not require they report procurement work – including the $3 billion committed so far to masks, ventilators, and other supplies related to the coronavirus pandemic. As the state has signed hundreds of no-bid procurement contracts over the last two months, the public has very little information about the players involved in landing these deals and how much they are being paid. No lobbyist has been publicly accused of wrongdoing in connection with these contracts. A bill to require lobbyists to disclose procurement clients was vetoed by then-Gov. Jerry Brown in 2016.

Colorado – Hickenlooper Says He Won’t Appear Before Colorado Ethics Body for Video Trial in June
Denver Post – Alex Burness | Published: 5/22/2020

Former Colorado Gov. John Hickenlooper, who is running for the U.S. Senate, says he will not appear for his own ethics trial if it proceeds by video, as currently scheduled. Hickenlooper’s attorney, Marc Grueskin, said their camp is prepared to sue in District Court if the state Independent Ethics Commission does not delay the hearing and allow for a new one at which Hickenlooper can consult in real time with his attorney. Hickenlooper was accused in 2018 of violating Amendment 41 of the Colorado Constitution, which bars state employees and officials from accepting gifts worth more than $53 per year.

Connecticut – Dalios Pull Out of State Education Partnership, Attack GOP Reps
Connecticut Post – Kaitlyn Krasselt | Published: 5/20/2020

Barbara and Ray Dalio are exiting the Partnership for Connecticut, ending the arrangement that was touted in 2019 as a unique way to reach troubled youths, although they will maintain their commitment to the cause with at least $100 million. The partnership was plagued by problems almost from the start including criticism that Gov. Ned Lamont and the General Assembly made it exempt from Freedom of Information and state ethics laws.

Florida – Federal Judge Guts Florida Law Requiring Felons to Pay Fines Before They Can Vote
MSN – Amy Gardner (Washington Post) | Published: 5/24/2020

A federal judge eviscerated a Florida law requiring felons to pay all court fines and fees before they can register to vote, clearing the way for thousands of Floridians to register in time for the November presidential election. Republican lawmakers and Gov. Ron DeSantis pushed the measure after voters approved a constitutional amendment in 2018 to expand voting rights to felons who have completed “all terms of their sentence including probation and parole.” The law’s backers said it was necessary to clarify the amendment, while critics said Republicans were trying to limit the effects of what would have been the largest expansion of the state’s electorate since poll taxes and literacy tests were outlawed during the civil rights era.

Florida – Lobbyist Tied to Curry, JEA Bidder Paid City Hall’s Bar Tab at Jaguars Games
Florida Times Union – Staff | Published: 5/22/2020

Jacksonville Mayor Lenny Curry’s administration allowed a company owned by his political strategist Tim Baker, who lobbied for companies seeking money from the city and was contracted by a company that tried to purchase JEA, to cover the bar tab at City Hall’s private suite at TIAA Bank Field during the last two football seasons. Taxpayers purchased more than $13,000 in food that was ordered for city officials and their guests during the last two seasons, but they did not pay for the $4,642 worth of alcohol ordered. Instead, the stadium’s concession vendor discounted 50 percent of the alcohol purchases, and the remaining $2,300 was paid for by Bold City Strategic Partners, a firm owned by Baker.

Illinois – Illinois House Speaker Michael Madigan Wins Latest Round in Suit Alleging Sham Candidates
Chicago Tribune – Ray Long | Published: 5/23/2020

Illinois House Speaker Michael Madigan won a federal court victory as he worked on wrapping up the shortened legislative session in Springfield. U.S. District Court Judge Matthew Kennelly denied a motion asking for him to reconsider his decision to dismiss a lawsuit that contended Madigan conspired to put up two “sham” candidates with Hispanic names to confuse voters in a 2016 Democratic primary.

Kentucky – Citing Misuse of Funds, Kentucky Auditor Refers 3 County Attorney Offices to Law Enforcement
Louisville Courier Journal – Joe Sonka | Published: 5/21/2020

A report from state Auditor Mike Harmon identifies possible misuse of public funds in the offices of three county attorneys in Kentucky, including a lieutenant governor candidate in last year’s primary election. Harmon is referring his findings to the FBI and state Attorney General. The report found that of the $134,500 in bonuses Lawrence County Attorney Michael Hogan gave to his staff from delinquent tax fees from 2017 to 2019, 94 percent was paid to his wife, a secretary in the office. The audit report also found new information related to the former supervisor of the Boyd County Attorney’s Child Support Enforcement office, who was indicted on 77 charges last year relating to more than $113,000 allegedly fraudulently taken over a seven-year period.

Louisiana – Judges’ Financial Disclosure Now Easily Available to the Public
KPLC – Staff | Published: 5/26/2020

For years, the public has been able to access financial disclosures of elected officials except for judges. But after being nudged by a watchdog group, the state Supreme Court is making such information more easily available to the public. The information is now easily searchable on the high court’s web site using the judge’s name or judicial district, while other elected state officials are on the state Board of Ethics site.

Maine – Ethics Panel Wants to Look at Anti-Corridor Group’s Donors
AP News – Staff | Published: 5/23/2020

A group that opposes a hydropower transmission corridor in Maine must disclose financial information so the state ethics commission can continue investigating whether campaign finance laws were broken. Stop the Corridor spent more than $1 million on television and Facebook ads opposing the 145-mile transmission line earlier this year. But it never disclosed the source of the money.

Maryland – Extra-Long Primary Season with Baltimore Mayoral Voters Behind Closed Doors Sees Spending on Mailers, Ads
Baltimore Sun – Talia Richman | Published: 5/26/2020

Under normal circumstances, Baltimore likely would know already who its next mayor is. The deep-blue city’s Democratic primary was supposed to be a month ago. But the coronavirus pandemic delayed the election, and that left candidates seeking funding for another 35 days of expensive campaigning. While earlier finance reports were peppered with $6,000 donations, the maximum amount a donor can directly give a candidate under state law, no candidate received more than a handful of such contributions during the most recent filing period. “If you were a low-financed candidates that was really going to be grassroots, you’re really stuck in a bad position [because of the pandemic],” said Roger Hartley, dean of the University of Baltimore’s College of Public Affairs. “Now you need more money because you have to be able to able to appeal on the airwaves.”

Michigan – Feds Charge Ex-Macomb Public Works Boss Marrocco in Extortion Indictment
Detroit News – Robert Snell | Published: 5/27/2020

Federal prosecutors unsealed an indictment against former Macomb County Public Works Commissioner Anthony Marrocco, alleging he teamed with an underling to extort county contractors out of hundreds of thousands of dollars. The indictment portrays Marrocco as a tough-talking bully and a political kingmaker during a decades-long reign. He threatening to revoke municipal contracts, withhold permits and, in May 2016, removed an unidentified excavation firm from a multi-million-dollar sinkhole repair project because the company held a fundraiser for Marrocco’s political opponent, according to the government. Builders and contractors bought hundreds of thousands of dollars’ worth of tickets to fundraisers and some of the money financed Marrocco’s luxury lifestyle, prosecutors said.

Michigan – Where Coronavirus Help on Facebook Is ‘Inherently Political’
New York Times – Jennifer Medina | Published: 5/28/2020

The coronavirus pandemic has unmoored already fragile institutions across the country, forcing many Americans to turn to one another for help instead of to the government or nonprofit organizations. With the belief that the system is so broken that assistance will never come, hundreds have formed mutual aid societies, designed to allow people to find help themselves. Though the groups’ efforts vary widely, similar attempts to offer assistance have formed in dozens of states. The groups are something of a throwback; such networks were popular in the heydays of communal activity, in the early 20th century and again in the 1960s and 1970s. The newest crop has been formed largely by young progressives, and their proliferation points to a new kind of organizing that could reshape politics long after the pandemic.

Mississippi – Mississippi Lawmakers Approved $300M in Small Business Grants. Can They Apply for the Money?
Jackson Clarion-Ledger – Luke Ramseth | Published: 5/22/2020

The Mississippi Legislature passed a bipartisan bill that commits $300 million in federal coronavirus relief funds to small businesses. But can lawmakers who operate small businesses themselves apply for the money? That is the question Lt. Gov. Delbert Hosemann wants the state Ethics Commission to answer. The legislation specifically said lobbyists, businesses that hired a lobbyist, or ones involved in partisan political activities, could not apply for the program. But the bill did not say anything about the people who passed the bill.

Missouri – No Lobbyist Gifts for State Lawmakers, But Local Officials in Missouri Still Get Freebies
St. Louis Post-Dispatch – Kurt Erickson | Published: 5/21/2020

Although Missouri lawmakers are banned from accepting all but the smallest gifts from lobbyists, local officials continue to rake in freebies from companies doing business with cities and counties. A review of reports filed with state ethics regulators shows tickets to St. Louis Cardinals and Blues games remain a popular staple with lobbyists and local officials.

Missouri – Suit Against Missouri Governor Over Public Records Gets New Life
St. Louis Post-Dispatch – Kurt Erickson | Published: 5/26/2020

A state appeals court has revived a lawsuit against Missouri Gov. Mike Parson alleging his office violated the state’s public records laws. At issue is a 2018 lawsuit filed by Elad Gross, who is running for state attorney general. The suit accused Parson’s administration of breaking the Sunshine Law by requiring Gross pay more than $3,600 for a cache of records relating to former Gov. Eric Greitens, who left office under a cloud of scandal. In tossing the suit Cole County Circuit Court Judge Patricia Joyce said Parson’s administration, under Missouri law, had the discretion to charge or waive fees. But the appeals court said Joyce erred on five of the 10 points Gross made during an appeal.

Nebraska – Nebraska Sees Increase in Lobbyists, Spending on Lobbyists
AP News – Staff | Published: 5/22/2020

Lobbyists in Nebraska raked in more cash than ever last year and more people joined their ranks to try to influence public officials, according to a new report. Lobbyists collected $19.4 million in gross earnings in 2019, Common Cause Nebraska said. The watchdog group said the total is a record, up from $17.8 million in 2018.

New York – De Blasio’s NYC Campaign Account Hit with $16K Fine by Regulator
New York Post – Nolan Hicks | Published: 5/23/2020

The Campaign Finance Board hit New York City Mayor Bill de Blasio’s campaign with a $16,000 fine for violating a slew of regulations, including failing to promptly return excessive contributions from individuals with business before City Hall. It also determined de Blasio’s reelection effort broke other rules, including failing to report expenses or in-kind contributions that came from hosting 22 fundraisers, failing to disclose a dozen donations from late in the campaign cycle on required daily reports, and shelling out $6,700 in expenses it could not prove were in “furtherance of the campaign.”

Oklahoma – Bill Could Hide Donor and Lobbyist Info from the Public
The Express-News – Ben Felder (The Frontier) | Published: 5/19/2020

A bill pushed through the Oklahoma Legislature in the final days of the session could prevent the public from knowing who is donating to PACs or who lobbyists are working for, a move that would bring significant secrecy to the legislative process. House Bill 3613 could result in the state’s electronic campaign reporting system being taken offline, according to Ashley Kemp, executive director of the state Ethics Commission. The bill would prevent state agencies from collecting any information that “identifies a person as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any entity organized pursuant to Section 501(c) of the United States Internal Revenue Code.”

Rhode Island – R.I. Senate Leaders Propose Allowing Email Voting
Providence Journal – Patrhick Anderson | Published: 5/26/2020

More than two months after Rhode Island General Assembly sessions were put on hold by the coronavirus pandemic, the state Senate is moving toward allowing lawmakers to vote remotely. A resolution sponsored by Senate Democratic leaders would give lawmakers who do not feel comfortable gathering at the statehouse the option of voting by email.

Washington – Wash. Campaign Finance Watchdog Blocks Some Online Access in Wake of Unemployment Fraud
Oregon Public Broadcasting – Austin Jenkins | Published: 5/26/2020

At the request of a powerful state senator who warned of “foreign intrusion,” the Washington Public Disclosure Commission (PDC) temporarily suspended online access to the personal financial statements of elected officials, candidates, and other public officials. The F-1 statements, as they are known, include information about an individual’s income, assets, property holdings, debt, and business associations. Sen. Sam Hunt said he had both warned that the “PDC is being assaulted by international data thieves from China, Russia, and Germany.”

Washington DC – Jack Evans Fined $35,000 by Ethics Board as Voters Weigh Returning Him to Office
Washington Post – Fenit Nirappil | Published: 5/22/2020

The District of Columbia’s ethics board fined former city council member Jack Evans $35,000 for violations related to his outside employment while in office, as voting started in the primary election where Evans is attempting to reclaim his old seat. The negotiated settlement wraps up a probe that started more than two years ago scrutinizing the ties between Evans and businesses that employed him as a lawyer or consultant. The board found Evans violated the city code of conduct governing conflicts-of-interest.

Wisconsin – Wisconsin Elections Commission Votes to Send Absentee Ballot Applications to 2.7 Million Voters
Wisconsin Public Radio – Shawn Johnson | Published: 5/27/2020

The state would send about 2.7 million registered voters absentee ballot applications under a motion approved by the Wisconsin Elections Commission. The state would send absentee ballot applications to nearly all registered voters to prepare for Wisconsin’s November election. Roughly 62 percent of all votes in Wisconsin’s April election were cast by mail as voters heeded advice from both state and federal government to stay home to slow the spread of COVID-19. Turnout for the November election is expected to double that of the spring election.

May 28, 2020 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance National: “‘Dark Money’ Groups Dodge Reporting Requirement in New Regulations” by Toby Eckert for Politico Elections National: “‘A Game-Changer’: Pandemic forces shift in black voter outreach” by Bridgett Bowman for Roll Call Ethics National: “Trump Pushes a Conspiracy […]

May 27, 2020 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance New York: “De Blasio’s NYC Campaign Account Hit with $16K Fine by Regulator” by Nolan Hicks for New York Post Elections Illinois: “Illinois House Speaker Michael Madigan Wins Latest Round in Suit Alleging Sham Candidates” by Ray Long […]

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