Jim Sedor, Author at State and Federal Communications

January 29, 2020 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance Arkansas: “Panel Affirms Block of Arkansas Campaign-Finance Law” by Joe Harris for Courthouse News Service Missouri: “Missouri Donation Limits Rise for Legislative Candidates” by Staff for AP News Elections California: “Shenanigans? Under California’s Primary Rules, Some Campaigns Boggle […]

January 28, 2020 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance Indiana: “Spectacle Entertainment’s Vigo County Casino in Jeopardy Due to Federal Probe” by Kaitlin Lange and Crystal Hill for Indianapolis Star Missouri: “Alvin Parks Still Banned from Ballot. Here’s His Plan to Get Elected in East St. Louis.” […]

January 27, 2020 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance National: “House Candidate Asks FEC to Let Her Use Campaign Funds for Health Insurance” by Rebecca Klar for The Hill Elections National: “Trumpworld Has Converted the Nation’s Regional Talk Radio Hosts into a Loyal Army” by Sarah Ellison […]

January 24, 2020 • Written by Jim Sedor

News You Can Use Digest – January 24, 2020

National/Federal A Campaign Finance Rule Makes Life Much Harder for Working-Class Challengers The Intercept – Rachel Cohen | Published: 1/16/2020 Though some organizations have been started over the last few years to help working-class candidates more effectively compete, the path to […]

National/Federal

A Campaign Finance Rule Makes Life Much Harder for Working-Class Challengers
The Intercept – Rachel Cohen | Published: 1/16/2020

Though some organizations have been started over the last few years to help working-class candidates more effectively compete, the path to victory can still be difficult for those who cannot afford to dedicate all their time to campaigning. Under federal guidelines, candidates running in a general election are permitted to use some of their campaign contributions to pay themselves salaries. But FEC members worried candidates would just game the system. A compromise was reached whereby candidates can pay themselves at a per-diem rate equal to the salary of the job they had before entering the race, or the salary of the office they are seeking, whichever is less. Another FEC restriction on candidates who draw salaries makes campaigning particularly tough for primary challengers.

Bloomberg’s Billions Stay Veiled While Funding 2020 Campaign
Politico – Maggie Severns | Published: 1/22/2020

Michael Bloomberg has bought his way into the 2020 presidential race with hundreds of millions of dollars from his personal fortune. But he may not provide any details about where that money comes from until more than half of the Democratic primary is over. While his rivals have disclosed years of financial details on everything from book deals to vacation homes, Bloomberg has not released any financial information since launching a late campaign fueled entirely by his $60 billion in wealth. The former New York City mayor was granted an extension on filing mandatory financial disclosure forms until March 20, more than halfway through the delegate race and after Super Tuesday, when Bloomberg hopes to make his first splash in delegate-rich states like California and Texas.

Bloomberg’s Massive Ad Campaign Hikes TV Prices for Other Candidates
Politico – Maya King | Published: 1/21/2020

Michael Bloomberg’s big television ad campaign has made politicking more expensive for everyone from his 2020 rivals to Senate, House, and state legislative candidates around the country. Eight weeks into his presidential campaign, Bloomberg has already spent more money on advertising, $248 million, than most candidates could spend in years. That amount has squeezed TV ad inventory in nearly every state, lowering supply and causing stations to raise ad prices at a time of high demand, as candidates around the country gear up for their primaries. On average in markets around the country, prices for political TV ads have risen by 20 percent since Bloomberg began his campaign. Meanwhile, some local politicians have already found difficulty trying to reach their own constituencies.

Courts Urged to Enforce Campaign Finance Law as Regulator Idles
Bloomberg Government – Kenneth Doyle | Published: 1/17/2020

Hoping to bypass the paralyzed FEC, Citizens for Responsibility and Ethics in Washington (CREW) filed a lawsuit after the agency lost a quorum of at least four commissioners needed to vote on enforcement matters. It targets the FEC’s failure to act on alleged disclosure violations by two federal super PACs that funneled almost $6.4 million to aid the 2016 election of Eric Greitens as Missouri governor. If successful, the legal strategy could help CREW and other groups press for more transparency and enforcement of other rules in an election year expected to see record campaign spending, even if the FEC continues to be hobbled.

Dem Debates Are Magnet for Lobbyists
The Hill – Alex Gangitano | Published: 1/20/2020

Many of those flocking to the Democratic presidential debates are lobbyists with campaign experience, allowing them the chance to relieve their glory days on the trail and catch up with old friends. But it is also an opportunity to make connections and learn from the insiders working with each campaign. Clients want information about the primary including the inside scoop on who is gaining or losing steam, one Democratic consultant noted. “Clients care about how political the atmosphere is going to affect their business or their issue sets,” the consultant said. But attending the debates can also be a complicated decision for lobbyists as the industry face attacks from Democrats and progressive groups. With lobbyists and donations from special interest groups under scrutiny, campaigns also are careful to not appear too cozy with lobbyists.

Democrats Plan $50M Campaign to Flip State Legislatures Before Redistricting
Politico – Maggie Severns | Published: 1/15/2020

Unprepared Democrats got bulldozed in 2010 by a $30 million Republican campaign to win state Legislatures, and the right to draw political maps that would help them hold power for the next decade. Now, Democrats are readying a massive $50 million effort of their own to shape the next 10 years of elections by flipping state legislative chambers in places as red as Texas and West Virginia. The plan represents a sea change for the Democratic Legislative Campaign Committee, a former backwater in Democratic politics that has transformed as the party grappled with the importance of redistricting. In 2020, the last election before states redraw their political boundaries using new Census data, the winners of many state Legislatures get the power to draw congressional lines that will last an entire decade.

Ethics Expert: GOP ‘crosses the line’ with House hallway ambushes
Roll Call – Chris Marquette | Published: 1/17/2020

Having video trackers shadow candidates to get campaign dirt has become a common tactic, but the National Republican Congressional Committee (NRCC) went too far if it directed aides to ambush Democrats in House office buildings, experts on congressional ethics said. The experts said there was merit to a complaint filed by the Democratic Congressional Campaign Committee against the chairperson of the NRCC, U.S. Rep. Tom Emmer. It could lead to Emmer facing an investigation by the House ethics committee. A complaint sent to the Office of Congressional Ethics alleges Emmer violated House rules when the NRCC repeatedly filmed Democrats in the halls of Congress, which are considered official resources, for campaign or political purposes and in violation of chamber rules and federal law.

Former Rep. Chris Collins Sentenced to Just Over Two Years in Federal Prison
Roll Call – Chris Marquette | Published: 1/17/2020

Former U.S. Rep. Chris Collins was sentenced to two years and two months in federal prison for insider trading crimes he committed, ending a legal process that evolved from the New York Republican calling the charges “meritless” shortly after he was indicted to him pleading guilty and proclaiming embarrassment for his actions. Collins pleaded guilty to participating in a scheme to commit insider trading and lying to the FBI to conceal his illegal activity. He resigned from Congress the day before his guilty plea. The former lawmaker also must pay a $200,000 fine and will be under one year of supervised release.

High Court to Rule on ‘Faithless Electors’ in Presidential Vote
Yahoo News – Greg Stohr (Bloomberg) | Published: 1/17/2020

The U.S. Supreme Court will decide whether presidential electors are bound to support the popular vote winner in their states or can opt for someone else. Advocates for the court’s intervention say the issue needs urgent resolution in an era of intense political polarization and the prospect of a close margin in a presidential election, although so-called faithless electors have been a footnote so far in American history. About 30 states require presidential electors to vote for the popular vote winner, and electors almost always do so anyway. The Supreme Court accepted cases from Washington and Colorado in time to hold oral arguments this spring and decide the outcome by June.

K Street Firms Post Big Earnings Gains for 2019
Roll Call – Kate Ackley | Published: 1/21/2020

K Street’s top-tier firms posted sizable gains last year, fueled by technology, pharmaceutical, and big-business interests concerned with such policy matters as trade, health care, taxation, and government spending. Lobbyists say impeachment proceedings and the 2020 campaigns have not yet derailed the influence industry’s agenda this year.

Lev Is Talking. So Where Is Igor?
Washington Post – Paul Sonne, Rosalind Helderman, and Natalie Gryvnyak | Published: 1/21/2020

Lev Parnas, Rudolph Giuliani’s fixer in the Ukraine saga, has dominated the airwaves on the eve of President Trump’s impeachment trial, turning over text messages to House lawmakers and pointing the finger at the president in prime-time cable interviews. Meanwhile, his onetime sidekick and fellow Giuliani associate, Igor Fruman, is nowhere to be seen. Under house arrest in Miami and facing federal campaign finance charges, Fruman has split with Parnas, retained counsel from Trump’s world, and stayed true to his reputation as the quiet partner in the duo who stumbled into a presidential impeachment scandal. Behind Fruman’s silence are many of the answers to how the two business executives cracked elite GOP donor circles, and possessed the right connections in Ukraine to connect Giuliani with high-level officials who offered to aid Trump and damage Democrats.

Park Strategies Execs Draw Ire of OFAC in Settlement
Compliance Week – Kyle Brassuer | Published: 1/22/2020

The lobbying firm Park Strategies paid $12,150 to settle its potential civil liability for apparent violations of the Global Terrorism Sanctions Regulations. While the settlement amount is relatively minor compared to most enforcement actions, the penalty could have been much larger given the way in which the alleged violations were carried out. According to the Office of Foreign Assets Control, Park Strategies entered a contract with Al-Barakaat Group of Companies Somalia in August 2017. Al-Barakaat was added to OFAC’s Specially Designated Nationals List in 2001 and characterized as a global terrorist organization.

Political Fundraiser Gets 3-Year Prison Sentence for Fraud
Politico – Maggie Severns | Published: 1/17/2020

A PAC operator whose company raised more than $20 million in recent years but spent almost no money on political activity was sentenced to three years in prison. Kelley Rogers, former president of the consulting firm Strategic Campaign Group, pleaded guilty to wire fraud in one of the first cases of its kind, a sign federal authorities are beginning to crack down on “scam PACs” that raise money from donors in the name of political causes but keep most of those funds for profit. Often, Rogers and others at Strategic Campaign Group reinvested the money they raised into finding more donors, with the help of a circle of preferred vendors that received large sums for their services.

Sanders, a Critic of Secret Money in Politics, Declines to Call on a Group Supporting Him to Disclose Its Donors
MSN – Sean Sullivan and Michelle Ye Hee Lee (Washington Post) | Published: 1/20/2020

Our Revolution is a nonprofit founded by U.S. Sen. Bernie Sanders that has caused some awkwardness for him in his second run for president. While the group is supporting Sanders’ candidacy, it accepts large donations without fully disclosing who made them, a practice at odds with his calls for greater transparency and stated desire to curtail the power of the wealthy in elections. Sanders said he would “have no problem” with the group opting to provide more information about its donors. But he suggested he would not call on its leaders to do so while his opponents continue to rely on similar organizations. Though barred by federal laws from coordinating with his campaign, the group has emerged as a potent part of Sanders’ grassroots army, with hundreds of thousands of members and activists working across the country to promote his presidential bid.

Tech Giants Led by Amazon, Facebook and Google Spent Nearly $500 Million on Lobbying in 10 Years, Data Show
San Francisco Chronicle – Tony Romm (Washington Post) | Published: 1/22/2020

Ten years ago, Google executives rarely spoke to Congress, Amazon employed just two of its own registered lobbyists in Washington, D.C., and Facebook had only recently graduated to a real office after running its Washington operation out of an employee’s living room. Since then, these companies have evolved into some of the most potent political forces in the nation’s capital, with just seven technology giants accounting for nearly $500 million in lobbying over the past decade. The data tell the story of a sector that increasingly has tapped its wealth to beat back regulatory threats and boost its bottom line. Despite scandals that exposed users’ personal information and left democratic elections in digital disarray, Congress has failed to adopt new laws to limit the industry, a reality some critics attribute in part to the Silicon Valley’s evolving lobbying prowess.

Trump Hotel’s Mix of GOP Insiders and Hangers-on Helped Give Rise to Impeachment Episodes
Anchorage Daily News – David Fahrenthold, Josh Dawsey, and Jonathan O’Connell (Washington Post) | Published: 1/16/2020

For three years, President Trump’s hotel near the White House has been a relaxed hangout for Republicans. Candidates raise money in the ballrooms and members of Congress and lobbyists dine in the steakhouse. Hangers-on wait at the bar, taking selfies in “#americaslivingroom.” That arrangement worked for Republicans because it compressed a city’s worth of networking into one room. It worked for Trump because he converted political allies into private customers. But the hotel’s atmosphere of blurred lines – mixing the public interest with Trump’s private interests and mixing the GOP’s leaders and its wannabe fringes – helped give rise to a scandal that threatens to overshadow Trump’s presidency.

From the States and Municipalities

Arizona – Agriculture Group Puts Arizona Lobbyist on Leave as Lawmaker Denies Romantic Relationship
Arizona Republic – Andrew Oxford and Yvonne Wingett Sanchez | Published: 1/22/2020

A lobbyist was put on leave from her job with the Western Growers Association after questions were raised about a possible romantic relationship with an Arizona lawmaker. State Rep. David Cook and lobbyist AnnaMarie Knorr said in separate interviews that they are friends and their relationship did not cross ethical lines. The Arizona Republic received a batch of handwritten letters that portray a close relationship between Cook, a married rancher representing a rural Pinal County district, and Knorr, who works on legislation backed by the agricultural industry and is the daughter of an influential lobbyist.

Colorado – Hickenlooper Faces Renewed Pressure and Questions About His Administration’s Spending in Final Months
Colorado Sun – John Frank | Published: 1/17/2020

A little-noticed government account that is paying ongoing legal bills related to an ethics complaint against U.S. Senate candidate John Hickenlooper is facing renewed scrutiny even as his allies continue to block requests for an audit of the spending. In its final months, the former Colorado governor’s administration used federal funds from a 2003 account to cover a prominent attorney $525-an-hour fee and spent $13,385 for a legacy website designed to tell the story of how Hickenlooper and his team “paved the way for Colorado’s journey and growth.” Hickenlooper’s top rival in the Democratic primary is joining the call for the audit. And now a state lawmaker is pursuing legislation to get better answers about the off-budget spending by the executive branch.

Florida – Florida Lawmakers Want Same Privacy as Cops and Judges, But Why?
Tampa Bay Times – Lawrence Mower | Published: 1/22/2020

Senate Bill 832 would give Florida lawmakers and Cabinet members the same level of secrecy granted to police officers and judges, making their home addresses, telephone numbers and dates of birth private. But while threats made against police and judges are an occupational hazard, lawmakers supporting the bill offered no evidence they needed the same protections. Regardless, a Senate committee approved the bill along party lines that would make secret the most basic details about state lawmakers. Under the bill, the personal information and places of employment of their spouses and children would be exempt. So, too, would be information that lawmakers do not disclose when they run for office, such as the names and locations of the schools their children attend.

Florida – Florida Supreme Court Issues Setback for Amendment 4 Supporters
Tampa Bay Times – Lawrence Mower | Published: 1/16/2020

The Florida Supreme Court sided with Republican lawmakers who have argued that felons must pay back all court-ordered fees, fines, and restitution before registering to vote. In a narrow opinion requested by Gov. Ron DeSantis, justices gave their answer on one of the questions at the heart of the historic ballot measure voters passed in 2018. Celebrated as one of the greatest expansions of voting rights in decades, it restored the right to vote to most non-violent felons who completed “all terms of sentence.” But the phrase “all terms of sentence” became a flash point in the GOP-controlled Legislature. Lawmakers lined up behind Senate Bill 7066, which defined “all terms” to include all financial obligations.

Florida – Hillsborough’s Lobbying Rules Get Tweaked
Tampa Bay Times – Anastasia Dawson | Published: 1/19/2020

Hillsborough County was one of the first local governments in the nation to create its own lobbying ordinance, a measure meant to protect the public’s right to know when elected officials interact with people paid to influence them. But county officials say a loophole in the ordinance afforded prominent operative Ed Turanchik access to county commissioners that fell outside rules requiring public oversight – and later, got him an official warning from the county attorney’s office. Going forward, parties that contract with the county will be required to provide written justification for why retaining the services of a lobbyist is essential to the project. And lobbyists looking to work as consultants with the county will be scrutinized for possible or perceived conflicts of interest, Lobbyist Registration Manager Dave Couvertier said.

Florida – What’s a ‘Lobbyist’? Tallahassee Ethics Board May Recommend Broader Definition
Tallahassee Democrat – Karl Etters | Published: 1/22/2020

The Tallahassee Independent Ethics Board is likely to make recommendations to ensure public officials are being transparent about who they are meeting with and what effect those meetings have on official action. Although the board does not have the power to regulate lobbyists, it could ask city officials to expand who falls under the definition. The board could also make recommendations on the calendars that elected officials keep and expand who needs to register to include developers, and public relations and communications firms. City commissioners ultimately would have to approve any changes to the ethics ordinance.

Iowa – Chaos Feared Despite Iowa Democrats’ Caucus Fixes
Fairfield Citizen – Isaac Stanley-Becker (Washington Post) | Published: 1/18/2020

With at least four Democratic candidates seemingly in contention to win Iowa’s presidential caucus, some in the party fear reforms put in place to prevent the disarray of 2016 may create an entirely new set of problems in 2020. It has been the tradition that voting plays out in school gyms and church basements, with multiple vote tabulations as supporters of candidates who do not reach a threshold on the initial vote scramble to make a second choice among the remaining contenders. This year, for the first time, the state party will release the initial raw vote totals as well as the final delegate allocation. The change will mean more transparency, but it also raises the possibility that multiple campaigns could claim a victory of sorts, with supporters of one candidate seeing another’s triumph as illegitimate.

Maryland – Former Baltimore Delegate Cheryl Glenn Pleads Guilty to Federal Corruption Charges. Then She Hugs FBI Agents.
Baltimore Sun – Justin Fenton | Published: 1/22/2020

Seven months after reaching a secret deal with federal prosecutors, and a month after suddenly resigning from the Maryland Legislature, former Del. Cheryl Glenn admitted taking bribes in exchange for political favors in court. In her plea, Glenn admitted she solicited and accepted $33,750 in cash payments through an associate to help an out-of-state marijuana dispensing company. She later accepted money from a local business owner in exchange for introducing legislation that would give local businesses priority for medical marijuana licenses, and later to introduce a bill to get that businessperson a liquor license.

Michigan – Ballot Plan Bans Lobbyists from Buying Food for Michigan Lawmakers
Detroit News – Craig Mauger | Published: 1/23/2020

Lobbyists in Michigan would no longer be able to buy meals or provide anything of value for state lawmakers under a ballot proposal by Progress Michigan. The initiative, which aims to amend the state constitution, would also create a two-year waiting period before former elected officials could become lobbyists and would require lobbyists to publicly log what topics they are discussing with lawmakers. In addition to buying food for lawmakers, lobbyists can now provide them with gifts as long as the gifts do not cost more than $63 and fund trips for them.

Missouri – Proposed Measures Tackle Initiative Petitions
Jefferson City News Tribune – Brendan Crowley | Published: 1/23/2020

Two years after Missouri voters approved two constitutional amendments that began as initiative petitions, some state lawmakers are trying to make it harder to pass more in the future. Sen. David Sater proposed a constitutional amendment that would make it harder to pass constitutional amendments by petition, and a bill that would change several parts of the initiative process, including adding a $500 fee to file a petition, among other provisions. Missouri is one of 16 states that allow voters to put proposed constitutional amendments directly on the ballot by initiative petition. Sater said he wants to keep that process intact but wants to make it harder to change the state constitution.

New Jersey – He Raised $21K But Never Ran for Office. Nobody Knows Where the Money Went.
Newark Star Ledger – Karen Yi | Published: 1/20/2020

A former member of the New Jersey Assembly named in two federal search warrants related to a corruption investigation in Orange, once collected more than $21,000 in campaign funds for a race he never ran for, and what happened with the money is unclear, records show. An NJ Advance Media review of campaign finance records show Willis Edwards III created an election fund more than 10 years ago in a bid for East Orange mayor. But Edwards never ran in the June 2009 primary or any other East Orange race. It is unknown what happened to the thousands of dollars in his campaign coffers. No expenditure reports were filed, as is required by law.

New Mexico – Report Flags ‘Outsized Influence’ of Lobbyists
Albuquerque Journal – Dan McKay | Published: 1/17/2020

A report by New Mexico Ethics Watch describes a culture in which the lobbying ranks in the state are filled with relatives of legislators and even former lawmakers themselves. In the report, Ethics Watch recommended many measures to increase transparency and limit the influence of lobbyists. “Personal relationships and family ties between legislators and lobbyists are an important part of NM’s legislative culture,” the report says. “They are backed up by a formidable arsenal of campaign contributions, meals at fancy restaurants, and special events in Santa Fe and out-of-state cities where legislators gather for national conferences.”

New York – After Court Rulings, Unclear Future for Push to Restrict State Legislators’ Outside Income
Gotham Gazette – Ethan Geringer-Sameth | Published: 1/21/2020

After two years of legislative negotiations, commission reports, and lawsuits, parts of a planned salary increase for state officials in New York remain up in the air, and the fate of long-sought restrictions on legislators’ outside income sits entirely with lawmakers themselves. With rulings in the second half of 2019 striking down the outside income limits before they could go into effect, and other pending court decisions throwing the pay hikes into uncertainty, good government advocates and others are calling on the Legislature to take up the restrictions through statute in the 2020 legislative session.

New York – Sheldon Silver’s Corruption Conviction Largely Upheld
Newsday – Yancey Roy | Published: 1/21/2020

A federal court dismissed some corruption counts against former state Assembly Speaker Sheldon Silver, but upheld most of his 2018 conviction, meaning one of the most powerful New York lawmakers of the last generation is likely to serve prison time. The U.S. Second Circuit Court of Appeals affirmed the conviction of Silver on four counts of seven counts associated with allegations he pocketed money for doing political favors for people who had interests in Albany. The appeals court sent the case back to a lower court for resentencing, giving Silver a chance to reduce the seven-year prison sentence a judge ordered two years ago. But the court’s affirmation of four charges means Silver would have to get the U.S. Supreme Court to overturn the rest of the charges for him to go free altogether.

North Carolina – State Lawmaker’s Failure to Disclose Business Ties Highlights Broader Ethics Enforcement Problem
NC Policy Watch – Joe Killian | Published: 1/15/2020

State Rep. Holly Grange failed to disclose a business owned and operated by her husband on Statement of Economic Interest (SEI) forms for several years. In North Carolina, public officials are required to disclose connections to all non-publicly owned companies by which they or their immediate family members are employed or in which they have an interest. Kathleen Edwards, interim director of the State Ethics Commission, said cases like Grange’s and others point to a larger problem. “We only have eight employees now, the entire commission,” said Edwards. She said the SEI unit will investigate complaints of non-disclosure, Edwards said. But beyond executive branch officials, which it is statutorily required to evaluate, it does not perform audits.

North Dakota – New Director Aims to Help North Dakota Ethics Commission Make Rules
Fargo Forum – Jason Turley | Published: 1/22/2020

The North Dakota Ethics Commission has a new executive director who says he will try to help navigate the board through the choppy waters ahead. David Thiele once worked as a judge advocate for the U.S. Army before returning to his home state and joining the North Dakota National Guard, where he served as a lawyer and top administrator. Thiel said he will use his background as an attorney and ethics counselor for the National Guard to help the commission create rules and procedures for handling complaints of ethical misconduct. The rules could also establish if certain topics, like campaign finance disclosures, fall under the commission’s jurisdiction. The commission does not yet have a detailed process for handling complaints or punishing those deemed guilty of violations.

Oklahoma – Oklahoma Senators Want MAGA License Plates, Which Might Violate Campaign Finance Rules
Seattle Times – Katie Mettler (Washington Post) | Published: 1/18/2020

Oklahoma Sens. Nathan Dahm and Marty Quinn proposed specialty license plates that, if approved by the Legislature, would display two of President Trump’s campaign slogans, “Make America Great Again” and “Keep America Great.” The plates would be added to a list of 98 other specialty designs that Oklahoma drivers can choose to purchase for $35. Of that amount, $20 goes to the designated organization that matches the theme of the vanity plate. Although the money collected from purchases of the plates would go to veteran groups and not Trump’s reelection campaign, the proposal could still violate campaign finance laws if the state uses taxpayer dollars or resources to make the plates.

Oregon – Big Out-Of-State Donations Have Oregon Lawmakers Mulling ‘Pay-To-Play’ Law
Oregon Public Broadcasting – Dirk VanderHart | Published: 1/22/2020

State lawmakers looking into campaign finance regulations say Oregon should consider limiting how much public officials can accept from people or firms seeking state contracts. Such “pay-to-play” laws are designed to limit influence companies or individuals seeking work with a public agency can wield over officials with a say on who gets that work. Oregon is one of a handful of states that currently have no campaign finance limits whatsoever. That has created a situation in which out-of-state law firms are pouring cash into campaigns of incumbent of incumbent state treasurers and attorneys general, the two officials whose departments choose which firms receive potentially lucrative contracts representing the state in class-action suits.

Oregon – Campaign Donation Limits? Not This Year, Oregon Governor Says
Portland Oregonian – Hillary Borrud | Published: 1/20/2020

State lawmakers should not pass campaign contribution limits this year, Oregon Gov. Kate Brown said during a briefing on the upcoming short legislative session. As a result, voters will likely have to decide in November on a state constitutional amendment that would allow donation limits without knowing what those caps might be. Last year, the Oregon House passed a bill that would have capped contributions to legislative candidates at $1,000 and $1,500, and statewide candidates at $2,800. It died in the Senate and there was talk that lawmakers might pass a similar plan this year, to give voters a clear idea of the impact they could have if they pass a constitutional amendment to allow the limits.

Oregon – Complaints from Portland Campaign Finance Reform Advocates Dismissed
Oregon Public Broadcasting – Rebecca Ellis | Published: 1/21/2020

Portland’s elections office will not be penalizing candidates in upcoming races for defying local campaign finance limits, which remain in legal limbo until the Oregon Supreme Court weighs in. The decision closes the first chapter on a push by Honest Elections, a local campaign finance reform group, to force candidates to cap the individual contributions they receive at $500. The group had filed three complaints with the city auditor accusing Mayor Ted Wheeler, city council candidate Jack Kerfoot, and mayoral candidate Ozzie Gonzalez of flouting the contribution limits passed by voters last year.

Texas – Texas Lobbyists and Politicians Dodged $800k in Fines, Thanks to Weak Campaign Finance Laws
Houston Chronicle – Taylor Goldenstein and Allie Morris | Published: 1/23/2020

There are about a hundred candidates, lobbyists, and PAC treasurers in Texas each year who fail to file mandatory disclosures of their donors and expenses, racking up thousands of dollars in fines as a result. Candidates with unpaid fines can continue to run for office and the committees can go on operating, thanks to a weak enforcement system that allows them to dodge their responsibility to the state. The state attorney general’s office, which handles collections for the Texas Ethics Commission, since 2005 has won the right in court to collect $1.1 million from late filers, but the office has then written off $800,000 as uncollectible, effectively ending attempts to financially penalize candidates and political committees.

Utah – Special Interests Provided 93.5% of Donations to Utah Legislators Last Year
Salt Lake Tribune – Lee Davidson | Published: 1/20/2020

Utah lawmakers did not need to raise much campaign money in 2019, since it was not an election year for them. They still amassed plenty, and special interest groups supplied 93.5% of it. Academics say that is unusual because in most states, studies say lawmakers raise about half of their money from individual voters and half from special interests. Utah’s big disparity raises questions about what those special interests receive for their money. Some academics and donors say it purchases better access to the political process. Meanwhile, legislative leaders and other donors say it buys nothing and merely shows how some donors support politicians who tend to vote in ways they like.

Vermont – Vermont’s ‘Fishin’ Politician’ Faults the Ethics Panel That Let Him Off the Hook
Seven Days – Kevin McCallum | Published: 1/22/2020

Vermont’s House Ethics Panel had to wrestle with some unusual questions last year as it considered a wide-ranging complaint against state Rep. Chris Bates. Is it unethical for a Vermont lawmaker to have an outstanding felony arrest warrant from another state, or to misstate one’s criminal background during a radio call-in show? Critics of the first-term lawmaker and outdoor enthusiast, aka “The Fishin’ Politician,” paint Bates as a felon who won election in 2018 only after eluding justice and concealing his criminal past from voters. Bates admits he has made mistakes but says he started a new life in Vermont only to find himself the victim of a smear campaign by some of the same online trolls who harassed former Rep. Kiah Morris out of office.

Washington DC – D.C. Attorney General Sues Trump Inaugural Committee Over $1 Million Booking at President’s Hotel
Anchorage Daily News – Jonathan O’Connell (Washington Post) | Published: 1/22/2020

The District of Columbia is suing President Trump’s inaugural committee and two companies that control the Trump International Hotel in the nation’s capital, accusing them of throwing parties for the Trump family with nonprofit funds, and overpaying for event space at the hotel. The committee has maintained its finances were independently audited and all money was spent in accordance with the law. It is the latest allegation that Trump and his family have used public and nonprofit funds spent at Trump-owned properties to enrich themselves, part of the peril of Trump not fully withdrawing from his businesses while he is president. District of Columbia law requires that nonprofit organizations not operate for the purpose of generating profits for private individuals.

Wisconsin – After Rejection, Conservatives Try Again to Get Voter Purge Case to Supreme Court
Milwaukee Journal Sentinel – Patrick Marley | Published: 1/20/2020

Conservatives suing over Wisconsin’s voter rolls tried to get their case before the state Supreme Court, even though the justices told them recently they would not take it. Those bringing the lawsuit effectively asked the justices to change their minds after they declined the case because of a deadlock. To gain footing, they would need at least one of the three justices who opposed taking up the matter to take a new view. That puts renewed attention on Justice Brian Hagedorn, a conservative who sided with two liberal justices in saying the court should not consider the case. At issue is whether more than 200,000 people should be taken off the voter rolls because they have been identified as having likely moved. Both sides see the case as important because Wisconsin was so closely decided in the 2016 election.

January 23, 2020 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance National: “Bloomberg’s Massive Ad Campaign Hikes TV Prices for Other Candidates” by Maya King for Politico Oregon: “Complaints from Portland Campaign Finance Reform Advocates Dismissed” by Rebecca Ellis for Oregon Public Broadcasting Elections Vermont: “Vermont’s ‘Fishin’ Politician’ Faults […]

January 22, 2020 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “Political Fundraiser Gets 3-Year Prison Sentence for Fraud” by Maggie Severns for Politico National: “Sanders, a Critic of Secret Money in Politics, Declines to Call on a Group Supporting Him to Disclose Its Donors” by Sean Sullivan […]

January 21, 2020 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance New Jersey: “He Raised $21K But Never Ran for Office. Nobody Knows Where the Money Went.” by Karen Yi for Newark Star Ledger Oklahoma: “Oklahoma Senators Want MAGA License Plates, Which Might Violate Campaign Finance Rules” by Katie […]

January 20, 2020 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance National: “Democrats Plan $50M Campaign to Flip State Legislatures Before Redistricting” by Maggie Severns for Politico National: “Courts Urged to Enforce Campaign Finance Law as Regulator Idles” by Kenneth Doyle for Bloomberg Government Elections Florida: “Florida Supreme Court […]

January 17, 2020 • Written by Jim Sedor

News You Can Use Digest – January 17, 2020

National/Federal Court Debates Using Shell Companies to Mask Political Donations Bloomberg Law – Kenneth Doyle | Published: 1/10/2020 A federal appeals court panel heard arguments over the use of shell companies to hide donations in a case that could affect super […]

National/Federal

Court Debates Using Shell Companies to Mask Political Donations
Bloomberg Law – Kenneth Doyle | Published: 1/10/2020

A federal appeals court panel heard arguments over the use of shell companies to hide donations in a case that could affect super PAC disclosure in the 2020 election. Utah businessperson Steven Lund is helping the FEC defend the dismissal of allegations that Lund and other wealthy donors used shell companies to illegally hide their donations to super PACs. Lund was among several donors accused of violating campaign finance laws by funneling millions of dollars to super PACs that supported Mitt Romney and Barack Obama in the 2012 presidential race. Obscure corporations were listed as the donors in reports filed with the FEC, prompting watchdog groups to complain the true donors were being hidden.

Did You Get a Text from an Unknown Number? It Might Be Bernie Sanders’ Campaign
McClatchyDC – Emily Cadei | Published: 1/8/2020

Democrats and Republicans alike are spending millions of dollars and deploying thousands of staffers and volunteers focused on texting with committed and potential supporters in the 2020 election. Bernie Sanders’ presidential campaign, an early adopter of the tactic, has already sent nearly nine times as many text messages to voters as it did during the entire 2016 primary. Political candidates’ and groups’ use of text messaging has skyrocketed over the past several years thanks to new software and the ease and efficiency of reaching voters across the country. “Everyone reads their text messages,” said Daniel Souweine, who ran Sanders’ text message program in 2016. “It’s quickly moved from, ‘hey, what is this thing?’, to the point where you can’t run a modern political campaign without it.”

Doctored Images Have Become a Fact of Life for Political Campaigns. When They’re Disproved, Believers ‘Just Don’t Care.’
Washington Post – Drew Harwell | Published: 1/14/2020

For ginning up political resentment and accentuating a rivals’ flaws, nothing quite compares to a doctored image. It can help anyone turn a political opponent into a caricature – inventing gaffes, undercutting wins, and erasing nuance – leaving only the emotion behind. Sharing doctored images of an electoral rival is a timeworn strategy of modern politics: in campaign mailers and television ads, shadowy lighting, sinister music, and unflattering facial expressions are so expected as to be cliché. But those tactics are increasingly playing out on the Internet, the most powerful visual medium in history, where they do not require a campaign’s backing or resources to get attention.

House Votes to Send Trump Impeachment to Senate for Trial
AP News – Linda Mascaro | Published: 1/15/2020

The U.S. House voted to send two articles of impeachment against President Trump to the Senate and approve House prosecutors for only the third impeachment trial in American history. The nearly party-line vote moved Trump’s impeachment from the Democratic-run House to the Republican-majority Senate, where Trump expects acquittal, even as new evidence is raising fresh questions about his Ukraine dealings. The president is charged with abuse of power over his pressure on Ukraine to investigate Joe Biden, using military aid to the country as leverage. Trump was also charged with obstructing Congress’ ensuing probe.

IRS May Be Unaware of 9,774 Political Nonprofits, Watchdog Says
Los Angeles Times – Bloomberg | Published: 1/9/2020

The IRS has not done enough to identify noncompliant political organizations, despite having various sources of data that would enable it to do so, the Treasury Inspector General for Tax Administration said. There are 9,774 politically active tax-exempt organizations that may have failed to notify the IRS of their existence or submit the paperwork to operate tax-free. The groups are required to notify the IRS within 60 days of forming that they intend to operate as a “social welfare” group organized under tax code Section 501(c)4. The IRS could also be failing to collect millions of dollars in penalties and fees owed by these social welfare groups, the report said. The revelation comes as the IRS is seeking to finish regulations that would allow the groups to keep their donor lists secret unless they are requested by the agency.

Lev Parnas: Trump ‘knew exactly what was going on’ in Ukraine
Politico – Matthew Choi, Kyle Cheney, and Darren Samuelsohn | Published: 1/15/2020

Lev Parnas said President Trump and Rudy Giuliani directed him to urge Ukrainian officials to publicly open an investigation into former Vice President Joe Biden. Parnas asserted that the ouster of Marie Yovanovitch as U.S. ambassador to Ukraine was entirely motivated by her interference in their efforts to start a Biden investigation. Parnas said Trump was fully aware of his actions and added that Vice President Mike Pence, Attorney General William Barr, and former national security adviser John Bolton were all aware of or involved in parts of the scheme. Elements of his story are backed up by a trove of contemporaneous documents he provided to lawmakers in recent days, files that were initially seized by law enforcement officials following his indictment on campaign finance charges and released to him only recently.

More Money, Less Transparency: A decade under Citizens United
Center for Responsive Politics – Karl Evers-Hillstrom | Published: 1/14/2020

In 2010, the U.S. Supreme Court ruled the longstanding prohibition on independent expenditures by corporations violated the First Amendment. With its decision, the court allowed corporations and labor unions to spend unlimited sums to support or oppose candidates. The majority made the case that political spending from independent actors, even from powerful companies, was not a corrupting influence on those in office. The decade that followed was by far the most expensive in the history of American elections. The explosion of big money and secret spending was not spurred on by Citizens United alone. It was enabled by a number of court decisions that surgically removed several restrictions in campaign finance law and emboldened by inaction from Congress and gridlock within the FEC.

Ocasio-Cortez Creates PAC to Push Back on the Democratic Party’s ‘Blacklisting’ Rule
MSN – Kayla Epstein (Washington Post) | Published: 1/12/2020

U.S. Rep. Alexandria Ocasio-Cortez announced she had formed a PAC to help raise funds for progressive primary candidates. She has been a vocal opponent of the Democratic Congressional Campaign Committee’s policy to “blacklist” vendors and firms that work with candidates mounting primary challenges against Democratic incumbents. Ocasio-Cortez was one such candidate, having run a successful primary campaign against U.S. Rep. Joseph Crowley in 2018. Democratic leadership sees the rule as necessary to protect seats and win elections, but critics say it prevents fresh voices from reaching Congress and could encumber efforts to increase diversity at the Capitol.

Robert Hyde, Erratic Ex-Landscaper, Is Unlikely New Impeachment Figure
TheWorldNews.net – Michael Rothfeld, William Rashbaum, and Ben Protess (New York Times) | Published: 1/15/2020

Even in an impeachment drama brimming with improbable characters, Robert Hyde stands out. Hyde, an obscure Republican candidate for Congress in Connecticut, was thrust into the proceedings to remove President Trump from office when the House released a series of encrypted messages that he exchanged last year with an associate of Rudolph Giuliani. The messages suggest Hyde had been secretly tracking the movements of Marie Yovanovitch, the U.S. ambassador to Ukraine at the time. The conversations drew alarm from Yovanovitch, who was removed from her post on Trump’s orders, and calls from a member of Congress for an investigation. It was only the latest in a series of erratic episodes for Hyde, whose congressional campaign has been marked by inflammatory comments.

Russians Hacked Ukrainian Gas Company at Center of Impeachment
MSN – Nicole Perlroth and Matthew Rosenberg (New York Times) | Published: 1/13/2020

Russian hackers targeted the Ukrainian gas company that is a major focus of impeachment proceedings against President Trump, according to a cybersecurity firm that says it discovered the attacks on Burisma Holdings. The Russian military hackers began an attack in November on the firm, where Democratic presidential hopeful Joe Biden’s son had served on the board. It is not yet clear what the hackers found, or precisely what they were searching for. But the experts say the timing and scale of the attacks suggest the Russians could be searching for potentially embarrassing material on the Bidens, the same kind of information that Trump wanted from Ukraine when he pressed for an investigation of the Bidens and Burisma, setting off a chain of events that led to his impeachment.

Sen. Cory Booker Exits the Democratic Presidential Primary, Making the Field Less Diverse
MSN – Amy Wang and David Weigel (Washington Post) | Published: 1/13/2020

U.S. Sen. Cory Booker announced he is dropping out of the Democratic presidential race. Booker said his operation would not have the money “to scale up and continue building a campaign that can win,” particularly with a Senate impeachment trial looming and because he would be absent from the most recent debate. As a presidential candidate, Booker was often stuck, unable to convince left-wing voters that he was on their side while turning down donations and initially rejecting super PAC support that could have helped him. Democrats who watched the candidates were often surprised by Booker’s lack of traction.

Supreme Court Won’t Hear Fight Over SEC’s Pay-To-Play Rule
law360.com – Reenat Sinay | Published: 1/13/2020

The U.S. Supreme Court declined to review a state Republican Party’s challenge to the Securities and Exchange Commission’s (SEC) power to implement a rule preventing “pay-to-play” practices by investment advisers who make political contributions, leaving in place a lower court ruling in the SEC’s favor. The rule at issue, approved by the SEC in 2016, prevents brokers from seeking government business within two years of a campaign donation. It was intended to complement the SEC’s existing rule covering investment advisers, given concerns that investment advisers might sidestep the rule by relying on brokers acting as placement agents to make the political contributions instead.

These Emails Show a Trump Official Helping Her Former Chemical Industry Colleagues
ProPublica – Derek Kravitz | Published: 1/14/2020

In 2017, Dow Chemical scored a long-sought-after victory: after a push from the U.S. government, China approved the import of the company’s genetically modified herbicide-resistant corn seeds. A grateful Dow lobbyist emailed a senior Agriculture Department official whose support had been critical: “Thank you for your efforts in support of U.S. agriculture.” That official, Rebeckah Adcock, was no stranger to Dow. Before joining the Trump administration, Adcock was the chief lobbyist for the herbicide industry’s trade group, of which Dow was a prominent member. Adcock had helped her former industry colleagues in a variety of ways. At Dow’s request, for example, she had arranged a meeting between a top company official and Secretary of Agriculture Sonny Perdue about the seed issue.

Trump Labor Agencies Ease Up on Recusals
Politico – Ian Kullgren and Rebecca Rainey | Published: 1/15/2020

President Trump promised to drain the swamp in Washington, but under his administration several high-level Labor Department and National Labor Relations Board (NLRB) officials are dealing directly with cases they touched in the private sector, raising questions about conflicts-of-interest. Labor Secretary Eugene Scalia, in his previous capacity as a private attorney, won a Chamber of Commerce lawsuit two years ago against an Obama-era regulation governing retirement advice. But in October, the department’s ethics lawyers cleared Scalia to participate in crafting a new version of the rule. The NLRB issued a new recusal policy in November that, barring unlikely intervention by a president or an appellate court ruling, leaves all decisions about conflict of interest to the NLRB member in question.

Voting Machine Makers Face Questions from House Lawmakers – But More Remain
NBC News – Ben Popkin | Published: 1/9/2020

For decades, the companies that dominated the U.S. voting machine industry operated in relative anonymity. Now, lawmakers want answers and transparency. The chief executive officers of the three companies that make more than 80 percent of the country’s voting machines testified before Congress for the first time, marking a new and bipartisan effort to ensure the security of the 2020 election. Election Systems & Software, Dominion Voting Systems, and Hart InterCivic, are almost entirely unregulated. But in recent years, policymakers and election advocates have begun to question who owns the companies, how they make their machines, and whether they could be susceptible to remote hacking.

Wealthy Donors Now Allowed to Give Over Half a Million Dollars Each to Support Trump’s Reelection
San Francisco Chronicle – Michelle Ye Hee Lee (Washington Post) | Published: 1/15/2020

Donors to President Trump’s reelection are now permitted to give nearly $600,000 per year, boosting the president’s ability to raise money from wealthy supporters. Under an agreement announced by Trump Victory, a joint fundraising committee for the Trump campaign and the Republican National Committee (RNC), a single donor can give as much as $580,600 this year to support Trump’s reelection – higher than the committee’s previous caps on contributions. That means the RNC’s biggest contributors could end up having shelled out as much as $1.6 million to support Trump’s reelection over the course of the four-year election cycle. It is the latest example of the expanding fundraising power of national party committees, made possible through pivotal legal changes in 2014 that loosened restrictions on individual donations.

White House Hold on Ukraine Aid Violated Federal Law, Congressional Watchdog Says
MSN – Jeff Stein, Ellen Nakashima, and Erica Werner (Washington Post) | Published: 1/16/2020

The White House violated federal law in its hold on security aid to Ukraine last year, according to a decision by The Government Accountability Office (GAO), a nonpartisan agency that reports to Congress The GAO found the Trump administration violated a law that governs how the White House disburses money approved by Congress. White House budget officials have defended their power to stop the money from being given to the Defense Department, arguing both congressional lawmakers and executive branch officials routinely demand delays on funding already signed into law.

From the States and Municipalities

Arizona – APS Boss Promises No More Campaign Cash for Regulators
Arizona Capitol Times – Dillon Rosenblatt | Published: 1/14/2020

The new chief executive officer of Arizona Public Service Co. (APS) vowed the company, its parent company, Pinnacle West, and other known affiliates would not spend money on campaigns for utility regulators while he is in charge. Jeff Guldner’s statement came at a meeting of the Arizona Corporation Commission in which he fielded questions, giving them what they waited months to hear: a promise to no longer allow the utility to contribute to the elections of the regulators who will have to regulate them. Three of the current commissioners, Lea Marques Peterson, Boyd Dunn, and Bob Burns, have all accepted contributions from APS and other utilities and now have to disclose it before any vote relating to those companies under a new code of ethics.

California – Slugfest at a California Conference Has Inspired a Politician to Propose a New Law
Los Angeles Times – Ruben Vives | Published: 1/13/2020

In May, two council members got into an argument at a conference in Indian Wells that turned into a brawl. The slugfest ended up involving four of the politicians from the city of Commerce and left one councilperson, Leonard Mendoza, lying on the ground unconscious. There were ripple effects: the California Contract Cities Association, the nonprofit advocacy group that hosted the conference, suspended Commerce’s membership and a local criminal investigation was launched, though no charges have been filed. Now, Assemblyperson Cristina Garcia, whose district includes Commerce, plans to introduce legislation aimed at giving the California auditor the authority to examine the finances of government lobbying organizations such as Contract Cities.

Florida – Despite ‘Cone-of-Silence’ Over JEA Sale, Top Mayoral Official Spoke to Florida Power and Light CEO During Private Party at Jaguars Game
Florida Times Union – Christopher Hong | Published: 1/9/2020

Brian Hughes, Tallahassee Mayor Lenny Curry’s top administrator, denied having a substantive conversation with Florida Power and Light Chief Executive Officer Eric Silagy during a party the company hosted at the October 27 Jacksonville Jaguars game. Silagy recalled speaking with Hughes about several issues related to economic development but not about JEA, a community owned electric, water, and sewer utility that Florida Power and Light was competing to buy. City Hall attorneys told city officials that state law prohibited them from discussing JEA privatization efforts with any representatives of the entities who submitted bids to purchase the utility. while city officials and the bidders were allowed to discuss matters unrelated to JEA, city attorneys cautioned them to “consider the appearance of impropriety” before doing so.

Florida – Lobbyist or Neighborhood Advocate? ‘Strange’ Events at Zoning Meeting Puzzles County
Palm Beach Post – Hannah Morse | Published: 1/10/2020

Supporters of a RaceTrac gas station at a Palm Beach County zoning meeting are being examined. One Palm Beach County commissioner thought it was odd that a hearing on a gas station proposal drew supporters who made curious, sometimes repetitive arguments, like preferring RaceTrac’s food offerings to fast food and enjoying the service station’s access to Wi-Fi connections. Those who made the peculiar comments are being examined closer after an allegation that they may have been paid to speak in favor of the project. “Where do you view them from someone who’s advocating versus someone who is a flat-out lobbyist?” Assistant County Administrator Patrick Rutter said.

Florida – Public Policy, Secret Sway and ‘Schmoozing’ in Tallahassee, Leon County
Tallahassee Democrat – Jeff Burlew | Published: 1/9/2020

A review of Tallahassee and Lee County commissioner calendars from 2018 and the first half of 2019 found elected officials interacted with more than 30 lobbyists who were not registered with the respective local governments during some 60 meetings. The investigation illuminated how public business is conducted in a government town brimming with lobbyists, lawyers, and consultants, where friendships, personal business, and public policy often are intertwined. While many of the lobbyist interactions may have been perfectly legal, watchdogs say they fall in a grey area of the law. In some cases, unregistered lobbyists and elected officials talked public business behind closed doors or otherwise out of the sunshine, making it impossible for constituents to know exactly what was discussed.

Illinois – City Hall Lobbyists Rewrite Their Playbook
Crain’s Chicago Business – A.D. Quig | Published: 1/10/2020

In Chicago Mayor Lori Lightfoot’s reforming crusade against aldermanic prerogative and a culture of “give to get” in City Hall, her first months have included changes that doubled fines for ethics violations and broadened the definition of lobbyist to include nonprofits. Her administration has also banned aldermen from lobbying other governments and banned other politicians from lobbying City Hall for private interests. Despite those changes – or perhaps because of them – the local lobbying business is on the upswing. Those who can navigate the changing landscape and guide their clients through it stand to benefit.

Illinois – Ethics Board Imposes Max $2,000 Fine Against Chicago Ald. Edward Burke Over Letter He Wrote in Matter Involving a Client
Chicago Tribune – Gregory Pratt | Published: 1/15/2020

The Chicago Board of Ethics fined Ald. Edward Burke $2,000 after determining the embattled alderman wrote a letter to another city official “in a matter involving a client of his law firm within 12 months of when the alderman’s law firm represented this client.” The board fined Burke the maximum it could for the violation, which was $2,000. Federal prosecutors filed a racketeering indictment against Burke in May. The 59-indictment outlined a series of alleged schemes in which prosecutors say Burke abused his City Hall clout to extort private legal work from companies and individuals doing business with the city.

Illinois – Illinois Ag Director Resigns Over Response to Rape Email
AP News – John O’Connor | Published: 1/14/2020

Illinois Gov. J.B. Pritzker’s agriculture director has resigned after acknowledging he received, but did not act on, a lobbyist’s email seven years ago that referenced an alleged rape cover-up and illegal hiring practices. John Sullivan said he did not read the email thoroughly at the time but that “I accept responsibility for what was truly an unintentional oversight and the subsequent inaction.” The email from Michael McClain, formerly a powerful lobbyist and confidante of House Speaker Michael Madigan, was sent to aides of then-Gov. Pat Quinn. It sought leniency for a “loyal” state employee who “has kept his mouth shut on Jones’ ghost workers, the rape in Champaign and other items.” Pritzker referred the matter to the Office of the Executive Inspector General for review and the Illinois State Police have opened an investigation.

Illinois – Who’s a Lobbyist? Lawmakers Grapple with the Question as Gov. J.B. Pritzker and Others Push for Ban on Public Officials Working in That Role
Chicago Tribune – Dan Petrella | Published: 1/15/2020

With federal investigators scrutinizing the activities of lobbyists at Chicago City Hall and the Capitol, Illinois Gov. J.B. Pritzker wants the General Assembly to pass legislation banning public officials from working as lobbyists at other levels of government. But to do that, lawmakers will have to decide what, exactly, counts as lobbying and who would be required to register as a lobbyist. The difficulty lawmakers face in answering those questions became apparent at the second meeting of a state ethics commission created late last year in response to the issues raised during the ongoing federal investigation. Aside from state government, only a handful of Illinois’ nearly 7,000 units of government have any kind of disclosure requirements for those seeking to influence decision-making by public officials.

Indiana – Former Lawmaker Won’t Face Lobbying Charges. Marion County Prosecutor Won’t Detail Why.
Indianapolis Star Tribune – Chris Sikich | Published: 1/13/2020

The Marion County Prosecutor’s Office has declined to say specifically why former state Sen. Allen Paul will not face criminal charges that he violated Indiana’s lobbying law, leaving veterans advocates puzzled and frustrated. A media investigation revealed a secretive employment deal with a temporary agency, in which Paul had been paid more than $150,000 to push the agenda of the state Department of Veterans’ Affairs among legislators. He did so without registering as a lobbyist, as seemingly required by law, or tracking his hours and work product, as required by his contract. Michael Leffler, a spokesperson for the prosecutor’s office, has repeatedly declined to answer specific questions about why the prosecutor’s office reached a different conclusion than the Indiana Lobby Registration Commission. The office also will not make Prosecutor Ryan Mears, or any of his deputies or investigators, available for an interview about the matter.

Maine – Indirect Lobbying Can Fly Under the Radar. A Maine Ethics Commission Proposal Could Change That
Maine Public – Steve Mistler | Published: 1/9/2020

The agency overseeing Maine’s lobbying regulations wants to update a state law that has allowed some interest groups to influence legislation by spending big without having to disclose it to the public. The proposal deals with what is known as grassroots lobbying. Jonathan Wayne, director of the Commission on Governmental Ethics and Election Practices, says it is inspired by an increase in advertising and “influence campaigns” that often do not get reported through traditional lobbying disclosures, and influenced by a shadowy group that is seeking to derail a controversial transmission line proposed by Central Maine Power. Wayne told the Legislature’s Veterans and Legal Affairs Committee his agency’s bill is designed to modernize grassroots lobbying requirements.

Maryland – After Corruption Scandal, Baltimore City Council Committee Will Consider Government Reform Measures
Baltimore Sun – Talia Richman | Published: 1/13/2020

Less than two months after former Baltimore Mayor Catherine Pugh pleaded guilty to conspiracy and tax evasion charges, the city council is pushing forward on a slate of government reform measures that include giving itself the power to oust a mayor for misconduct. Council members introduced a number of charter amendments in the wake of the wide-ranging “Healthy Holly” scandal, in which Pugh sold hundreds of thousands of dollars’ worth of self-published children’s books to companies that did business with the city. The amendments also would create a city administrator position and reduce the number of votes needed to overturn a mayor’s veto.

Massachusetts – In Novel Move, DiMasi Sues Secretary of State After Lobbyist Bid Denied
Boston Globe – Matt Stout | Published: 1/10/2020

Former Massachusetts House Speaker Salvatore DiMasi sued Secretary of State William Galvin as part of DiMasi’s bid to register as a state lobbyist, a novel legal move that could have wide ramifications for how Massachusetts lobbying and ethics laws are interpreted. DiMasi has said intended to challenge Galvin’s decision to reject his lobbying application after a state hearing officer denied DiMasi’s appeal. It is nevertheless unprecedented. First elected in 1994, Galvin has never been sued for denying a lobbyist application, and depending on how a judge rules, it could reshape how he enforces state law.

Michigan – Michigan Senator to Female Reporter: High school boys could ‘have a lot of fun’ with you
Detroit Free Press – Paul Egan and Kathleen Gray | Published: 1/15/2020

A state senator is facing widespread criticism and an investigation in the Michigan Legislature after telling a female reporter she should stick around at the Capitol because a group of high school students from an all-boys school, touring the building, could “have a lot of fun” with her. Sen. Peter Lucido made the comments outside the Senate chamber to Allison Donahue, a reporter from the Michigan Advance, while surrounded by a group of male high school students from De La Salle Collegiate. The Republican and Democratic leaders of the Senate announced they have asked the Senate Business Office to investigate whether the incident violated Senate rules related to sexual harassment.

New Jersey – No Hard Alcohol Will Be Allowed on ‘Chamber Train’ Following NJ.com Report on Sexual Harassment
Newark Star Ledger – Susan Livio and Kelly Heyboer (NJ Advance Media) | Published: 1/9/2020

The New Jersey Chamber of Commerce has banned “hard alcohol” aboard its annual “Walk to Washington” lobbying event in response to a recent report that quoted women saying they do not feel safe attending the important affair for politicians and lobbyists. The Chamber also said it will hire more security officers and establish a direct phone line that would “immediately and discreetly” report an incident of harassment directly to security personnel and the organizers. A story published in The Newark Star Ledger included interviews with women who said they were groped, assaulted, or sexually propositioned over the years on the job in state politics. The women also identified the problems with the Chamber of Commerce’s annual train trip, which includes crowded cars of people drinking and networking from Newark to Washington D.C.

New Jersey – Supreme Court Hears Arguments in Bridgegate Scandal
Northwest Indiana Times – Matt Zapotosky (Washington Post) | Published: 1/14/2020

The U.S. Supreme Court heard arguments on whether to overturn the convictions against two of former Gov. Chris Christie’s ex-political allies in the “Bridgegate” case, and the decision could have implications for how federal prosecutors pursue allegations of public corruption. The two former allies, Bridget Kelly and William Baroni Jr., argue the Justice Department reached too far in charging them with fraud for their roles in an alleged plot to back up traffic on the George Washington Bridge as retaliation against a local mayor who declined to endorse Christie’s reelection bid. They say while the conduct alleged might have been uncouth, it was not illegal, and declaring it so would criminalize routine political dealings. The Justice Department counters that Kelly and Baroni are misstating what occurred, and the evidence was sufficient to support their convictions.

New York – SAM Party Sues State Over Changes to Third Party Ballot Access
Albany Times Union – Amanda Fries | Published: 1/14/2020

A new state law in New York requiring political parties to offer a presidential candidate and garner nearly three times as many votes than previously needed to maintain their statewide ballot line is facing a legal challenge by the newest political party. The Serve America Movement (SAM) Party, which gained state ballot access in the 2018 gubernatorial race, is suing Gov. Andrew Cuomo, state legislators, and the state Board of Elections alleging the requirements are unconstitutional. The SAM Party complaint alleges that forcing the minor party to nominate a presidential candidate or otherwise lose party status is a “severe burden” and violates the First and Fourteenth amendments allowing citizens to create and develop new political parties.

Oregon – Pay to Play? Out-Of-State Law Firms Reap Rewards of Oregon Campaign Contributions
Oregon Public Broadcasting – Dirk VanderHart | Published: 1/15/2020

Almost half of the money that Oregon Treasurer Tobias Read reported raising in 2019 came from big law firms headquartered in places like New York City and Washington, D.C. Nearly all are being made by lawyers who seek work from the state. A 2008 law gave firms a chance to make millions of dollars if they are picked to work one of the potentially lucrative lawsuits that Oregon files against powerful corporations. The result is a torrent of outside money to state candidates, much of it solicited by Oregon treasurers and attorneys general, the same elected officials whose offices decide which firms get the work. “Whether this corrupts their decision or not, they ought to be sensitive to the fact that it stinks,” said James Cox, a professor at Duke University School of Law.

Rhode Island – R.I. Ethics Commission, Known for Transparency, Talks About Keeping Complaints Secret Until Investigations Done
Boston Globe – Edward Fitzpatrick | Published: 1/10/2020

Rhode Island has one of the most transparent ethics agencies in the nation, but a member of the state Ethics Commission floated an idea that would limit transparency by keeping ethics complaints under wraps until investigations are complete. Ethics complaints can be used as a “political tool,” said Dr. Robert Salk, who has been on the commission since 2012. “The problem is that the way we do it is hurting people that did nothing wrong.” When it began in 1986, the ethics panel used a “secret process,” the commission’s executive director, Jason Gramitt, said, but after court cases, hearings, and workshops, the commission opened up the complaint process.

South Dakota – Federal Judge Blocks South Dakota Petition Law
Courthouse News Service – Maria Dinzeo | Published: 1/9/2020

A federal judge struck down as unconstitutional a South Dakota law imposing burdensome regulations that would have made it much harder for the average citizen to get an initiative on the ballot. Gov. Kristi Noem signed House Bill 1094 into law in 2019, requiring petition circulators to wear name tags and register with the secretary of state. The law further mandates that circulators provide the state with their personal information, such as their home address and phone number to be included in a public directory, potentially exposing people to harassment. Aside from the unduly onerous disclosure requirements, political activist Cory Heidelberger said the law discriminates based on viewpoint, since it only applies to petition proponents.

Tennessee – Rep. Matthew Hill Facing Questions Over Last-Minute Legislation, Contributions
The Tennessean – Joel Ebert | Published: 1/16/2020

Tennessee Rep. Matthew Hill, who faced scrutiny for comments he made last year related to a little-known $4 million grant, sponsored another bill during the 2019 legislative session that will benefit several business owners who later gave him $45,000. The law would let the local government use a portion of sales tax revenue to provide incentives in the development of a taxpayer funded development district. The legislation was approved on the final day of the 2019 session. Less than a month later, the owners and employees of Face Amusement, a Johnson City-based company with land in the proposed development district, donated to a PAC used by Hill for his race for speaker.

Washington – Seattle City Council Bans ‘Foreign-Influenced’ Companies from Most Political Spending
Seattle Times – Daniel Beekman | Published: 1/13/2020

The Seattle City Council banned most political spending by “foreign-influenced corporations” to prevent international influence in city elections. The legislation would prevent corporations with a single non-U.S. investor holding at least one percent ownership, or two or more holding at least five percent ownership from contributing to directly to Seattle candidates or through PACs. Companies that have a non-U.S. investor making decisions on its American political activities will also be prevented from political spending. The council also passed a bill that requires commercial advertisers maintain public records on political ads related to legislative decisions, in addition to ads related to elections.

Wisconsin – Appeals Court Blocks Purge of Wisconsin Voter Rolls for the Time Being
Milwaukee Journal Sentinel – Patrick Marley | Published: 1/14/2020

An appeals court ordered the state to keep more than 200,000 people on its voter rolls, a day after an Ozaukee County judge found Wisconsin election officials in contempt of court for not following his December decision to suspend voter registrations. In a separate order, one of the judges on the appeals court blocked the contempt finding, relieving the commission and three of its members of $800 in fines. The rulings are not final and were put in place temporarily while the appeals court considers whether anyone should be taken off the rolls. But for now, the decision is a victory for Democrats who hoped to prevent thousands of people from losing their voter registrations.

January 16, 2020 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance National: “Ocasio-Cortez Creates PAC to Push Back on the Democratic Party’s ‘Blacklisting’ Rule” by Kayla Epstein (Washington Post) for MSN Oregon: “Pay to Play? Out-Of-State Law Firms Reap Rewards of Oregon Campaign Contributions” by Dirk VanderHart for Oregon […]

January 15, 2020 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “Supreme Court Won’t Hear Fight Over SEC’s Pay-To-Play Rule” by Reenat Sinay for law360.com National: “More Money, Less Transparency: A decade under Citizens United” by Karl Evers-Hillstrom for Center for Responsive Politics Washington: “Seattle City Council Bans […]

January 14, 2020 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance National: “Court Debates Using Shell Companies to Mask Political Donations” by Kenneth Doyle for Bloomberg Law National: “Did You Get a Text from an Unknown Number? It Might Be Bernie Sanders’ Campaign” by Emily Cadei for McClatchyDC Elections […]

January 13, 2020 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance National: “IRS May Be Unaware of 9,774 Political Nonprofits, Watchdog Says” by Bloomberg for Los Angeles Times Elections National: “Voting Machine Makers Face Questions from House Lawmakers – But More Remain” by Ben Popkin for NBC News Ethics […]

January 10, 2020 • Written by Jim Sedor

News You Can Use Digest – January 10, 2020

National/Federal 6 Million Democratic Donors Gave $1 Billion in 2019 Through ActBlue, Officials Say Washington Post – Michelle Ye Hee Lee | Published: 1/9/2020 Democratic small-dollar donors gave $1 billion through the online fundraising platform ActBlue in 2019, highlighting the explosion […]

National/Federal

6 Million Democratic Donors Gave $1 Billion in 2019 Through ActBlue, Officials Say
Washington Post – Michelle Ye Hee Lee | Published: 1/9/2020

Democratic small-dollar donors gave $1 billion through the online fundraising platform ActBlue in 2019, highlighting the explosion of online giving on the left heading into the presidential election year. Of the 6 million donors who gave to Democratic candidates and organizations in 2019, half were first-time donors, pointing to the growing base of contributors who are giving online. Forty percent of the new donors gave multiple times, according to ActBlue, in a sign of the new donors’ sustained political interest and engagement. Donors contributing in low increments online gave $343 million in the final three months of 2019.

Bipartisan Group of Campaign Finance Lawyers Urge Leaders to ‘Immediately’ Restore Quorum at Federal Election Commission
MSN – Michelle Ye Hee Lee (Washington Post) | Published: 1/6/2020

A bipartisan group of campaign finance lawyers urged the White House and congressional leaders to “work together and immediately” to restore a voting quorum on the FEC, which cannot monitor compliance with election laws even as presidential primaries begin in February. The agency tasked with regulating federal campaign finance laws has long faced ideological divisions and polarization. But it lost its ability to do its official job after the August 2019 resignation of a commissioner left it to operate for the first time in 11 years without its necessary four-person quorum. While routine administrative work continues, the agency cannot enforce the law, vote on investigations, provide guidance, or conduct audits – activities that are especially crucial and timely for a presidential election.

Bolton Is Willing to Testify in Trump Impeachment Trial, Raising Pressure for Witnesses
MSN – Nicholas Fandos and Michael Schmidt (New York Times) | Published: 1/6/2020

John Bolton, the former White House national security adviser, said he was willing to testify at President Trump’s impeachment trial, putting new pressure on Republicans to call witnesses and raising the possibility of revelations as the Senate weighs Trump’s removal. Bolton’s surprise declaration was a dramatic turn that could alter the political dynamic of the impeachment process in the Senate and raise the risks for Trump of Republican defections. The former national security adviser is a potentially vital witness, with direct knowledge of presidential actions and conversations regarding Ukraine that could fill in blanks in the narrative of the impeachment case.

Duncan Hunter Resigns from Congress
Roll Call – Chris Marquette | Published: 1/7/2020

U.S. Rep. Duncan Hunter submitted his resignation from Congress, marking the end of an 11-year stint in the House marred by his misuse of campaign funds for a variety of endeavors, including spending money on Lego sets, movie tickets, a $14,000 family vacation to Italy, and flights for his family’s pet rabbit. Hunter said his resignation would be effective January 13. He pleaded guilty to using hundreds of thousands of dollars in campaign funds for his own enrichment. Hunter and his wife, Margaret, who also pleaded guilty, illegally converted over $150,000 in campaign funds from 2010 through 2016 to buy goods and services for their own interests, according to the plea agreement. Hunter’s sentencing is scheduled for March 17.

Ex-Tea Party Lawmakers Turn Heads on K Street
The Hill – Alex Gangitano | Published: 1/8/2020

A number of prominent former lawmakers associated with the Tea Party Caucus have joined the ranks of K Street in the last year, bringing their small government agendas to the lobbying world. K Street has always been a favored perch for ex-lawmakers, but the recent moves from conservatives are attracting controversy. Tea Party groups and Trump have long run on reining in the influence of special interests and Tea Party lawmakers often clashed with the influence world and a number of prominent industries in high-profile fights. In the Trump era, though, K Street has seen business grow as the Republican president’s agenda has sparked major battles over trade, health care, and taxes. Despite Trump’s vows to challenge Washington, the “revolving door” between K Street and his administration has been busy. For critics, that is a sign that it is business as usual in the nation’s capital.

Facebook Bans Deepfakes, but New Policy May Not Cover Controversial Pelosi Video
MSN – Tony Romm, Drew Harwell, and Isaac Stanley-Becker (Washington Post) | Published: 1/6/2020

Facebook banned users from posting computer-generated, highly manipulated videos, known as deepfakes, seeking to stop the spread of a novel form of misinformation months before the 2020 presidential election. But the policy does not prohibit all doctored videos: Facebook’s new guidelines do not appear to address a deceptively edited clip of House Speaker Nancy Pelosi that went viral on the social network last year. Monika Bickert, the company’s vice president for global policy management, will testify at a congressional hearing on “manipulation and deception in the digital age.” The inquiry marks the latest effort by House lawmakers to probe Facebook’s digital defenses after Russian agents weaponized the site to stoke social unrest during the 2016 race.

Facebook Says It Won’t Back Down from Allowing Lies in Political Ads
Seattle Times – Tony Romm, Isaac Stanley-Becker, and Craig Timberg (Washington Post) | Published: 1/9/2020

Facebook decided not to limit how political ads can be targeted to specific groups of people, as Google did to fight misinformation. Neither will it ban political ads outright, as Twitter did. And Facebook still will not fact check them, as it has faced pressure to do. Instead, Facebook announced much more limited “transparency features” that aim to give users slightly more control over how many political ads they see and to make its online library of political ads easier to use. These steps appear unlikely to assuage critics who say Facebook has too much power and not enough limits when it comes to its effects on elections and democracy itself.

FBI Raids Home, Office of Lobbyist Michael Esposito
Connecticut Post – Devlin Barrett, Jonathan O’Connell, and Beth Reinhard (Washington Post) | Published: 1/3/2020

FBI agents investigating a lobbyist who has claimed to have close ties to President Trump and his family searched the man’s home and K Street office for evidence of possible fraud, according to people familiar with the matter. Michael Esposito’s business has boomed in the Trump era, but Trump, White House officials, and senior Republicans have said he greatly exaggerated his claims of access to the president and his inner circle. Following a story on Esposito’s business, the FBI is investigating to determine whether he may have defrauded his clients or engaged in any other type of financial fraud, the people said.

Judges Struggle Over Trump Bid to Block McGahn Congressional Testimony
Reuters – Jan Wolfe and Lawrence Hurley | Published: 1/3/2020

Appeals court judges appeared skeptical about broad legal arguments by President Trump’s administration seeking to block a former White House lawyer from testifying to Congress as part of the impeachment effort against Trump, but also seemed wary about stepping into the heated political fight. Judge Thomas Griffith asked tough questions of the Justice Department lawyer who argued on the administration’s behalf and the lawyer for the U.S. House Judiciary Committee that subpoenaed former White House Counsel Don McGahn and could be the pivotal vote in deciding the case. A second case involved the administration’s appeal of a judge’s October ruling that grand jury information in special counsel Robert Mueller’s probe should be provided to lawmakers.

Mnuchin Seeks Delay of Proposed Disclosure of Secret Service Spending on Presidential Travel Until After Election
MSN – Carol Leonnig and David Fahrenthold (Washington Post) | Published: 1/8/2020

The Trump administration is seeking to delay a Democratic effort to require the Secret Service to disclose how much it spends protecting President Trump and his family when they travel until after the 2020 election. The issue has emerged as a sticking point in recent weeks as Treasury Secretary Steven Mnuchin and key senators have been negotiating draft legislation to move the Secret Service back to his department, its historic home. Mnuchin has balked at Democratic demands that the bill require the Secret Service to disclose the costs related to the travel of the president and his adult children within 120 days after it is passed.

Shadow Group Provides Sanders Super PAC Support He Scorns
AP News – Bruian Slodysko | Published: 1/8/2020

U.S. Sen. Bernie Sanders says he does not want a super PAC. Instead, he has Our Revolution, a nonprofit political organization he founded that functions much the same as one. Like a super PAC, Our Revolution can raise unlimited sums from wealthy patrons that dwarf the limits faced by candidates and conventional PACs. Unlike a super PAC, however, the group does not have to disclose its donors, a stream of revenue commonly referred to as “dark money.” Our Revolution appears to be skirting campaign finance law, which forbids groups founded by federal candidates and officeholders from using large donations to finance federal election activity, including Sanders’ presidential bid.

The Surreal Lives of 2020 Campaign Spouses: What happens when your loved one wants to be president
Greenwich Time – Jada Yuan (Washington Post) | Published: 1/8/2020

A modern presidential candidate’s significant other has the dual jobs of being an uncomplaining source of support for their partner, making sure he or she is getting fed and sleeping and has someone to vent to, plus often being the mouthpiece for your partner and attending events he or she cannot get to. Some, such as Jill Biden and Jane Sanders, have done this before, but no one could have prepared for this historically large and diverse field, with so many potential first gentlemen campaigning, or a primary season that is coinciding with the third presidential impeachment in the nation’s history.

Trump Donor Charged with Obstructing Inauguration Inquiry
AP News – Jim Mustian and Alan Suderman | Published: 1/7/2020

Federal prosecutors charged a major donor to President Trump’s inaugural committee with obstructing a federal investigation into whether foreign nationals unlawfully contributed to the inaugural celebrations. The donor, Imaad Zuberi, recently pleaded guilty in a separate case in Los Angeles to campaign finance violations, tax evasion, and failing to register as a foreign agent. A criminal information accuses Zuberi, a venture capitalist, of taking “numerous steps” to interfere with the investigation into where the inaugural committee received its funding. Prosecutors say Zuberi backdated a $50,000 check and deleted emails.

From the States and Municipalities

Alaska – Sponsor Says Alaska Elections Initiative Has Enough Signatures to Be Placed on Ballot
Alaska Public Media – Andrew Kitchenman | Published: 1/3/2020

Sponsors of an initiative to overhaul Alaska’s election laws said they have enough signatures for the measure to be placed on the ballot in November. The initiative is among several issues that are expected to be the focus of state government ahead of the start of the legislative session on January 21. The Better Elections Initiative would create an open primary that would send the top four vote-getters to the general election. Then voters would be able to rank their choices in the general election. The initiative also would increase campaign finance disclosures.

California – L.A. to Curb Developer Donations, but Some Fear Corporate Contributions Could Mask Source of Giving
Los Angeles Times – Emily Alpert Reyes | Published: 1/5/2020

A new campaign finance ordinance in Los Angeles prohibits real estate developers from contributing to city council members that vet their projects. Critics say an additional provision is needed – barring donors from giving through limited liability companies and other business entities that can make it difficult to tell who is donating. Los Angeles allows political donors to give not only as individuals, but also through companies and other groups. But some corporate entities do not have to publicly reveal who owns them, leaving it unclear to the public who is giving the money. In some cases, donors have funneled money through such companies to evade restrictions on campaign contributions.

Florida – JEA Paid $25,000 to Lobbyist with Business Ties to Then-CEO Aaron Zahn Through JaxChamber
Florida Times-Union – Christopher Hong | Published: 1/8/2020

Jacksonville Chamber of Commerce Chief Executive Officer Daniel Davis confirmed a JEA official instructed one of his staffers to hire Deno Hicks, a local lobbyist who at the time had an undisclosed business partnership with then-CEO Aaron Zahn, to raise money for an innovation conference that JEA and the chamber organized in 2018. JEA, a community owned electric, water, and sewer utility, paid the chamber $25,000. Davis said he approved the request to hire Hicks’ firm, the Southern Strategy Group. He said hiring someone to raise money for an event was not unusual, although he did not know Zahn and Hicks co-owned a piece of undeveloped property in the city, which they have tried to sell for nearly $2 million.

Florida – Nonprofit Group Criticizes Lawmakers’ Move Toward Limiting Local Power
South Florida Sun Sentinel – Jim Turner (News Service of Florida) | Published: 1/7/2020

A research group wants Florida lawmakers to temper a trend of tying the hands of city and county officials by “preempting” local regulations. Integrity Florida issued a report raising concerns that lawmakers, with the backing of powerful lobbying groups, are strategically attacking home-rule authority on issues ranging from sunscreen bans to regulating businesses. Ben Wilcox, research director for Integrity Florida, said a trend of preemption measures is growing, with 119 bills filed during the past three legislative sessions that included some form of preemption and nearly 20 filed for the 2020 session.

Georgia – Ex-Atlanta Official Gets 2-Year Sentence in Corruption Probe
AP News – Kate Brumbeck | Published: 1/7/2020

A man who was tasked with ensuring equal opportunities for those seeking contracts with the city of Atlanta was given a two-year prison sentence for failing to disclose outside consulting work and not reporting some income to tax authorities. Larry Scott was director of the city’s Office of Contract Compliance and resigned shortly before he pleaded guilty to charges of wire fraud and filing false tax returns. Scott was also ordered to pay about $124,000 in restitution. He was the sixth person to plead guilty in a long-running federal investigation into corruption at City Hall during the administration of former Mayor Kasim Reed.

Illinois – Vendor Bribed CPS Employee with Vacation Home Stay During Bid for $30M Contract, Inspector General Says
Chicago Sun-Times – Nader Issa | Published: 1/6/2020

A vendor looking to win a $30 million nursing services contract with the Chicago Public Schools (CPS) tried to sway the bidding by letting a district employee stay at her vacation home. Although CPS ended up not awarding the contract to the vendor, she eventually was given a different, much smaller contract for the nursing services just a few years later and still has that work with the school district. Those were the key findings of an investigation by CPS Inspector General Nicholas Schuler’s office, which released its 2019 year-end report detailing the office’s most significant cases of the past year.

Indiana – Former Indiana State Lawmaker Won’t Face Felony Charges Related to Violating Lobbying Laws
Indianapolis Star – Chris Sikich and Tony Cook | Published: 1/3/2020

Former state Sen. Allen Paul will not face felony charges related to violating Indiana’s lobbying laws. An Indianapolis Star investigation revealed a secretive employment deal with a temp agency, in which Paul had been paid more than $150,000 to push the agenda of the Indiana Department of Veterans’ Affairs (IDVA) among legislators. He did so without registering as a lobbyist or tracking his hours, as required by his contract. Both the temp agency, KHI Solutions, and the IDVA were sanctioned for failing to register their lobbying efforts. The state ethics commission also told Paul to register, but he refused.

Kansas – Group Resists Naming Donors After Pro-Kobach Ads in Kansas
AP News – John Hanna | Published: 1/2/2020

A group that sponsored ads promoting Republican Kris Kobach during his failed 2018 run for Kansas governor is arguing it is not legally required to disclose its donors. The Kansas Governmental Ethics Commission has given Per Aspera Policy until January 15 to file public reports on its activities during the last governor’s race. The commission warned the group it could face a potential fine of up to $300 for each missing report and intentionally failing to disclose the information is a misdemeanor. But an attorney representing the group told the commission it is not required to disclose any information under Kansas law because its ads did not “expressly advocate”{ for Kobach’s election.

Maryland – Former Maryland Delegate Sentenced to Six Months in Prison for Misusing Campaign Funds
AP News – Michael Kunzelman | Published: 1/3/2020

Former Maryland Del. Tawanna Gaines was sentenced to six months in prison followed by two months of home detention for misusing campaign funds for her personal benefit. Gaines also must pay $22,565 in restitution. Gaines pleaded guilty to one count of wire fraud. She faced a maximum sentence of 20 years in prison. Assistant U.S. Attorney Thomas Windom has said Gaines spent campaign money on personal expenses including fast food, hair styling, dental work, a cover for her swimming pool, and an Amazon Prime membership.

Maryland – Maryland Gov. Larry Hogan Announces Ethics Reform Legislation, Fends Off Questions About His Firm
Baltimore Sun – Luke Braodwater and Pamela Wood | Published: 1/7/2020

Maryland Gov. Larry Hogan said he will introduce legislation to punish corrupt state lawmakers after a recent spate of convictions. At the same time, Hogan brushed off questions from reporters and some Democratic lawmakers about his transparency and ethics as he continues to make hundreds of thousands of dollars annually from real estate deals managed by a trust, approved by the State Ethics Commission, and run by his associates. Hogan’s Ethics and Accountability in Government Act would increase state penalties for bribery of public officials to a maximum of $100,000 and authorize the ethics panel to impose civil penalties against state employees and public officials without first going to court, among other proposals.

Minnesota – Legislator’s Work as St. Paul Mayor’s Aide Raises Red Flag
Minneapolis Star Tribune – Jim Walsh | Published: 1/6/2020

Kaohly Vang Her, policy director for St. Paul Mayor Melvin Carter and a state representative, so liked the mayor’s idea to give every capital city newborn $50 for a college savings plan that Her authored a bill to help pay for it. That is a potential problem, say authorities on government ethics. Because Carter is Her’s boss, he could show her favor, or withhold it, based on what she might accomplish as a legislator, said Annastacia Belladonna-Carrera, executive director of Common Cause Minnesota. Her defended the advocacy for the savings plan as good for St. Paul children. It is no different, she said, than other legislators – farmers, teachers, doctors, and businesspeople – promoting their professional interests at the Capitol.

Minnesota – Proposed Changes to Campaign Spending, Lobbying Laws Put on Ice
Minnesota Public Radio – Brian Bakst | Published: 1/3/2020

Sensing resistance, Minnesota’s campaign and lobbying regulatory board intends to hold back on sweeping legislative recommendations that would redefine advocacy rules and expand a program aimed at encouraging small-dollar campaign contributions. The Campaign Finance and Public Disclosure Board decided instead to write a letter to the Legislature to encourage a debate over a campaign and lobbying structure that has not changed much in recent years. Board members said they and board staffers would work to refine their suggestions in the meantime. Board Chairperson Robert Moilanen said the letter would stress to legislators that current laws are outdated but acknowledge there is “not a consensus on the solution.”

Missouri – Clean Missouri Redistricting Changes to Be Discussed by Legislators
Columbia Missourian – Lillie Hegeman | Published: 1/6/2020

From its early days of gathering signatures in the beginning of 2018 to the final week of the 2019 legislative session, Clean Missouri has been at the center of public, legislative, and judicial debate. And that is not going to change as lawmakers begin the 2020 legislative session. The ballot initiative limits lobbyist gifts to lawmakers to five dollars or less, tighten limits on campaign contributions that legislators can accept, and changed the process and criteria for drawing state legislative districts and create a “nonpartisan state demographer” position to carry out the task. When the amendment passed, however, legislators were not done with the debate. Some lawmakers in 2019 proposed resolutions to alter or repeal the portion that most troubles some of them: the redistricting changes. The issue will continue to be a focus of the 2020 session.

Missouri – Town and Country Mayor, Who Is a Registered Lobbyist, Tripped Up by Recent Ethics Law Change
St. Louis Post-Dispatch – Jack Suntrup | Published: 1/7/2020

Jon Dalton, a registered lobbyist and the mayor of Town and Country, must shut down his campaign committee in response to a 2016 state law, the Missouri Ethics Commission said. In a consent order Dalton signed, the commission cited the relatively new requirement that “any person who registers as a lobbyist shall dissolve his or her campaign committee.” Dalton, who has lobbied since 1994 and was first elected mayor in 2005, said he was caught between two different statutes when the Legislature approved the ethics bill: one requires lobbyists to register with the state and the other requires candidates to form campaign committees.

Montana – Judge Dismisses Lawsuit Against Bullock
Helena Independent Record – Holly Michels | Published: 1/2/2020

A federal judge ruled a group suing to overturn a Montana executive order requiring disclosure of contributions to dark money groups has to fix their lawsuit or it will be permanently dismissed. Gov. Steve Bullock’s order requires any company wanting to bid on state contracts in Montana worth more than $25,000 for services or $50,000 for goods to disclose donations of $2,500 or more to political groups including organizations that are not required to disclose donors. Illinois Opportunity Project sued, arguing it wanted to spend in Montana’s 2020 gubernatorial election, but it faced difficulty finding corporate donors due to the governor’s order.

Nevada – Nevada Redistricting Group Files Amended Petition
Las Vegas Review-Journal – Bill Dentzer | Published: 1/7/2020

A group seeking to change how Nevada redraws state legislative and congressional districts has resubmitted a proposed state constitutional amendment after a judicial order that found the original petition misleading. Fair Maps Nevada, a local group involved in a national effort to counter state-based gerrymandering, filed in November to put a petition on this year’s ballot establishing a commission to redraw districts based on the decennial census. Under current state law, reapportionment is done by the Legislature subject to the governor’s signoff. The change would establish a seven-member commission to handle the task. Anyone who had worked during the preceding four years in certain state jobs; as a lobbyist, campaign consultant, or party official; or had run for or held elected office, and their close relatives, would be ineligible to serve on the commission.

New Jersey – Fix the ‘Toxic Culture’ in N.J. Politics, Top Senator Demands after NJ.com Report on Sexual Harassment
Newark Star Ledger – Kelly Heyboer and Susan Livio (NJ Advance Media) | Published: 12/30/2019

State Senate Majority Leader Loretta Weinberg said she is forming an ad hoc committee to look for ways to change the “toxic culture that women face in New Jersey politics.” The committee, which will include several top female lobbyists and political operatives, will be created in response to an NJ Advance Media report detailing the sexual harassment, groping, and sexual of women working in state and local politics. The ad hoc panel will look for solutions to the climate of misogyny, harassment, and sexual assault that pervades New Jersey politics, said Weinberg.

New Jersey – N.J. Won’t Dismiss Ethics Complaint in $40M School Named After the Lt. Gov.
Newark Star Ledger – Adam Clark (NJ Advance Media) | Published: 1/3/2020

Voting to name a $40 million school after your boss might be unethical, even if your boss is New Jersey’s lieutenant governor, according to the School Ethics Commission, which found probable cause to sustain two of the eight ethics charges levied against Terry Swanson-Tucker, president of the East Orange School Board and chief of staff for Lt. Gov. Sheila Oliver. The case now moves to an investigation and hearing by the Office of Administrative Law. It will determine if Swanson-Tucker violated state ethics law when she voted in December 2018 to suspend a district naming policy and rename the George Washington Carver Institute the Sheila Y. Oliver Academy.

New Mexico – New State Watchdog Ready to Investigate Ethics Complaints
Albuquerque Journal – Dan McKay | Published: 1/3/2020

Decades in the making, New Mexico’s ethics panel is now ready to accept and investigate complaints. The agency has appointed two hearing officers, established a website, and may issue its first advisory opinion in February. It is the result of a 40-year push to establish an independent watchdog with jurisdiction over allegations against legislators, candidates, lobbyists, and others. Voters overwhelmingly approved a constitutional amendment establishing the State Ethics Commission in 2018, after several ethics scandals, including the corruption conviction of a former state senator.

North Carolina – NC Voter ID Law Written with ‘Discriminatory Intent,’ Says Judge Who Just Blocked It
Raleigh News and Observer – Wil Doran | Published: 12/31/2019

Racial discrimination was at least part of the motivation for a new voter ID law in North Carolina, a federal judge wrote, striking the law down for now. U.S. District Court Judge Loretta Biggs’ ruling means that although voters statewide approved a voter ID mandate as an amendment to the state constitution in the 2018 elections, people most likely will be able to vote without showing ID in at least the March primary election. The last time North Carolina’s Republican-led General Assembly passed a voter ID law, in 2013, it was also struck down for racial discrimination. But GOP leaders have said they believed this newer version of the law, which was passed a year ago, avoided the racial issues the previous law ran into.

Pennsylvania – Pittsburgh Campaign Rules Curb Contributions, but Punish Some Candidates
Pittsburgh Post-Gazette – Rich Lord | Published: 1/5/2020

Pittsburgh’s decade-long effort to limit the influence of money in city politics now faces both a court challenge and complaints from some candidates that it threatens to stifle democracy. The city first put limits on contributions to campaigns for mayor, controller, and council in 2009, and revised the rules in 2015. Now, outgoing Councilperson Darlene Harris is challenging the constitutionality of the limits in a lawsuit. And as the city’s Ethics Hearing Board pursues enforcement actions, candidates facing fines are speaking out.

Texas – Jerry-Rigged? Second Garcia Withdraws from Harris County Constable’s Race but Remains on Ballot
Houston Chronicle – Zach Despart | Published: 1/8/2020

One of the two candidates named Jerry Garcia who filed to run for Houston’s Precinct 2 constable – the one who did not appear to be actively campaigning – has withdrawn from the race. His short, strange trip as a candidate is not over yet, however. He will remain on the ballot for the March 3 Democratic Party primary, though votes for him will not count. Garcia, who is a cousin of Democratic incumbent Constable Chris Diaz’s wife, was one two men who had filed for the seat bearing the same name as the late Grateful Dead guitarist. The other Jerry Garcia said the turn of events is further evidence the former candidate never intended to mount a serious campaign. That Garcia, a lieutenant in a neighboring constable precinct, alleges the incumbent Diaz pushed his wife’s cousin to run solely to confuse voters, ensuring his re-election.

Vermont – Some Legislators’ Financial Disclosures Were Late, Report Says
Seven Days – Colin Flanders | Published: 1/7/2020

The 2018 election was the first for which Vermont lawmakers were required to disclose their financial interests when filing to run for office, allowing voters to see potential conflicts-of-interest before casting their ballots. But according to the House Ethics Panel, disclosure forms for “multiple” legislators were not publicized by the last election. Multiple as in about 30, or a fifth of the House members, according to panel Chairperson John Gannon. State law says House candidates must file financial disclosure forms with their town clerks when submitting petitions to run for office. The documents detail sources of income for candidates and their spouses or partners greater than $5,000, including investments. They must also disclose whether they own 10 percent of any companies, and whether such companies do business with the state.

Vermont – VPIRG Head Calls for End to ‘Worthless’ Ethics Commission
VTDigger.org – Mark Johnson | Published: 1/8/2020

The head of the organization that pushed hardest for a state Ethics Commission in Vermont says it should be disbanded. Paul Burns, executive director of the Vermont Public Interest Research Group, said the commission was “worthless” and provided lawmakers “a fig leaf of protection” that they were addressing ethics concerns. Vermont was one of the last states to establish an ethics commission in 2017. That came after years of discussion and receiving a grade of “F” from the Center for Public Integrity on ethics enforcement. The panel and part-time executive director have no powers to investigate or levy punishment. It essentially operates as a referral agency, taking in complaints about state officials and sending them to another agency. Burns said the Legislature established the commission simply to “get off the list of states without one.”

Washington – Seattle Council Advances Ban on Most Political Spending By ‘Foreign-Influenced’ Companies
Seattle Times – Daniel Beekman | Published: 1/7/2020

Seattle moved closer to banning most political spending by “foreign-influenced” corporations, as a city council committee advanced legislation that Council President M. Lorena González said could companies from using money to shape elections. But González postponed a committee vote on other legislation that would limit all contributions to the PACs that businesses, labor unions, and other interests used to bundle and spend a record $4 million in last year’s elections. She said the council needs to further vet the nationally watched proposal, which would likely be challenged in court, though she and her colleagues did narrow a loophole that could have advantaged unions and grassroots groups.

Washington DC – D.C. Council Member Jack Evans to Resign Over Ethics Violations; Was City’s Longest-Serving Lawmaker
Stamford Advocate – Fenit Nirappil and Paul Schwartzman (Washington Post) | Published: 1/7/2020

District of Columbia Councilperson Jack Evans announced he will resign on January 17. The council took a preliminary vote to expel Evans and had scheduled a hearing to summarize the case against him and offer him an opportunity to speak before a final expulsion vote. Evans’s close ties to business eventually proved to be his undoing, as his outside employment with law firms and as a consultant to prominent companies with interests before city government came under scrutiny. He stepped down from the board of the Washington Metropolitan Area Transit Authority after an investigation there found ethics violations. Federal prosecutors are investigating Evans and FBI agents searched his home, but he has not been charged with a crime.

Washington DC – Top D.C. Ethics Investigator Resigns Amid Scrutiny of His Office
Laredo Morning Times – Fenit Nirappil (Washington Post) | Published: 1/7/2020

The District of Columbia’s top ethics investigator has resigned amid criticism of the agency’s failure to promptly investigate complaints. Brent Wolfingbarger resigned as the director of government ethics at the Board of Ethics and Government Accountability effective December 31, agency officials said. Wolfingbarger’s two-year tenure at the helm of the city’s internal watchdog had come under scrutiny by lawmakers and watchdogs. Several city council members had criticized the ethics board for staying on the sidelines of an ongoing ethics issue involving another member, Jack Evans. The board was formed in 2013 after several scandals involving council members.

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