Campaign Finance

National: “Senate Committee Advances Nomination of FEC Commissioner” by Michelle Ye Hee Lee for Washington Post

Ethics

National: “Justice Dept. Moves to Drop Case Against Michael Flynn” by Spencer Hsu, Devlin Barrett, and Matt Zapotosky for Washington Post

National: “On the Same Day Sen. Richard Burr Dumped Stock, So Did His Brother-in-Law. Then the Market Crashed.” by Robert Faturechi and Derek Willis for ProPublica

Missouri: “Effort to Send Clean Missouri Back to Voters One Step from Final Approval” by Ashlyn O’Hara (Missouri News Network) for Call Newspapers

Nevada: “Las Vegas Mayor Faces Recall Effort Over Coronavirus Response” by Shea Johnson for Las Vegas Review-Journal

New Jersey: “U.S. Supreme Court Throws Out Bridgegate Convictions, 6 Years After an Epic Traffic Jam” by Ted Sherman (NJ Advance Media) for Newark Star Ledger

Lobbying

Canada: “Former Canadian Envoy to Washington Defends Work Pitching for Palantir” by Andy Blatchford for Politico

Idaho: “Lobbying Disclosure Complaint Filed Against Ada GOP Chairman” by Thomas Plank (Idaho Press) for KPVI

National/Federal

Both Parties Wonder: How much do conventions even matter anymore?
MSN – Adam Nagourney and Matt Flegenheimer (New York Times) | Published: 5/4/2020

This year, political conventions may join the list of crowded events like concerts and baseball games forced off the stage because of the coronavirus. And it may not matter. Some Democratic leaders are discussing replacing their convention with a virtual gathering, and some Republicans are unsure about holding the big spectacle that President Trump wants. Yet even before the pandemic, a more fundamental debate was playing out: has the American political convention become a ritual holdover from another age? For all the organizing, money, time, and energy poured into an extravaganza of parties, speeches, lobbying, and networking, there is an argument they have become among the less consequential events on the political calendar.

Cash-Starved Candidates Trade Swanky Cocktail Hours for $5K Zoom Meetings
Politico – Elena Schneider and Theodoric Meyer | Published: 5/1/2020

Online fundraising events show that even with coronavirus bearing down, the money machine of electoral politics is still cranking, albeit at a distinctly lower gear and in dramatically different form. Candidates are having to adapt in real time to not only the stilted nature of online interaction but to the sensitivity of asking for money in the midst of a nosediving economy. Recreating the intimacy of big-money events is not easy, but consultants are testing strategies to come as close as they can. Many corporate PACs have preset budgets for donations to lawmakers. The venues where the money gets doled out is less important than ensuring it gets in the right hands.

Joe Biden Denies He Sexually Assaulted a Former Senate Aide, Calls on National Archives to Release Complaint If One Exists
Stamford Advocate – Matt Viser, Annie Linskey, and Sean Sullivan (Washington Post) | Published: 5/1/2020

Presumptive Democratic nominee Joe Biden denied he sexually assaulted a former Senate aide, delivering his first public comments about an allegation that has prompted a collision between the presidential race and the #MeToo movement and forced a difficult reckoning in a party determined to unseat President Trump in November. The allegation has pushed the topic of sexual assault to the forefront of the campaign after a primary cycle that featured a field with multiple female candidates and Biden’s pledge to name a woman as his running mate. Though Biden has prided himself on a long record of promoting women, his campaign also has been marked by struggles as the longtime politician has tried to keep up with cultural shifts reflected within his party.

K Street Requests Taxpayer Bailout of Corporate Lobbyists
The Intercept – Lee Fang | Published: 5/5/2020

K Street may soon have its own taxpayer-funded bailout. Industries as varied as oil refining, construction, fast food restaurants, and chemical manufacturing are seeking federal cash to support their lobbyists in Washington, D.C. Many of the largest lobbying forces are organized under the 501(c)(6) section of the tax code as trade groups. Corporations with similar concerns pool their money together to fund trade groups, which in turn employ thousands of lobbyists to shape elections and legislation. But the Paycheck Protection Program, the centerpiece of the small business rescue program, excluded such organizations. That could change in the next round of stimulus legislation, which Congress is scheduled to debate later this month.

Knock, Knock, Who’s There? No Political Canvassers, for the First Time Maybe Ever
New York Times – Shane Goldmacher | Published: 5/7/2020

For decades, showing up on a voter’s doorstep has been one of the most reliable ways to get people to the polls. Now political parties and candidates that put tens of millions of dollars into training and deploying door knockers are grappling with costly, consequential, and imminent decisions about whether they should even invest in traditional brick-and-mortar infrastructure that powers such operations. In the fall of 2020, volunteers might have to knock on a door and then sprint 10 feet away, making a pitch from a safe social distance. That is one tactic some strategists have floated as they consider a pandemic-safe update to the humble door knock.

Lawmakers Made Hundreds of Stock Transactions During Pandemic, Watchdog Finds
Politico – Alice Miranda Ollstein | Published: 4/29/2020

Republican and Democratic lawmakers have bought and sold stocks hundreds of times throughout the coronavirus pandemic, some of them lucrative moves to invest in industries buoyed by the crisis and divest from sectors like restaurants and hotels that have tanked. From February 2 to April 8 of this year, the Campaign Legal Center found, 12 senators made a combined 127 purchases or sales, while 37 House representatives made at least 1,358 transactions. In most cases, the lawmakers have not been accused of wrongdoing, but the watchdog group says the frequency of such stock trades underscores the need for more transparency and ethics protections, particularly in a time of crisis.

Push to Revive FEC Could Curb Court Action on Campaign Finance
Bloomberg Government – Kenneth Doyle | Published: 5/6/2020

Advocates of stricter campaign finance law enforcement fear a Senate Republican push to restore a quorum on the FEC could thwart their ability to pursue alleged violations in court. The Senate Rules and Administration Committee is expected to advance James Trainor to fill a GOP vacancy on the panel. With his confirmation, an equally divided FEC could resume its pattern of deadlocking on enforcement cases, leading to dismissal of alleged violations of disclosure requirements and other campaign finance laws, says a watchdog. FEC staff lawyers would also be able to defend such dismissals in court and prevent alleged violators from being sued, said Adav Noti, chief of staff at the Campaign Legal Center.

Secret Service Paid Trump’s D.C. Hotel More Than $33,000 for Lodging to Guard Mnuchin in ’17
Seattle Times – David Fahrenthold, Joshua Partlow, Josh Dawsey, and Carol Leonnig (Washington Post) | Published: 4/30/2020

The Secret Service rented a room at President Trump’s Washington, D.C. hotel for 137 consecutive nights in 2017, paying Trump’s company more than $33,000, so it could guard Treasury Secretary Steven Mnuchin while he lived in one of the hotel’s luxury suites. The Washington Post has identified dozens of instances where the Secret Service paid money to Trump’s businesses, spending taxpayer dollars, often with little or no disclosure at the time. Often, these payments were triggered by Trump’s own travel to his properties. This case is different because it was set in motion by Mnuchin, one of Trump’s top appointees. In 2017, he chose a living arrangement that produced two revenue streams for Trump’s company. One came from Mnuchin. The other came from taxpayers.

Should News Organizations Take Coronavirus Bailout Loans? While Some Fear a Conflict of Interest, Many Are Desperate for Cash
Greenwich Times – Paul Fahri (Washington Post) | Published: 4/29/2020

As advertising has collapsed, a handful of news organizations have taken the once unthinkable step of turning to the government for a lifeline. Media companies have traditionally resisted any such financial relationship, viewing it as a serious conflict-of-interest: how could they commit to independent and aggressive coverage of a government they are accepting money from? Some news companies that have snagged loans have had no such qualms amid layoffs, furloughs, and pay cuts that have slammed the industry. A coalition of newspaper and television trade groups is even lobbying Congress and President Trump to expand the program to include some of the industry’s biggest players, which have been ineligible for bailout money.

Southern Company’s Lobbying Disclosures Obscure State-Level Information from Investors, Public
Energy and Policy Institute – Daniel Tate | Published: 4/30/2020

Southern Company’s sparse disclosures have enabled lobbying activity that has conflicted with the policy objectives the utility company has espoused to investors and the public. Southern has actively lobbied against environmental regulations and action on climate change at the federal level. The company’s state-level disclosures offer almost no indications of whether its state lobbying follows its federal pattern or aligned with Southern’s stated corporate “low- to no-carbon” goals. Investors have led calls for the company to increase its lobbying disclosures, particularly at the state level, in light of its substantial federal lobbying. Southern has opposed shareholders’ calls for increased transparency.

The Bizarro Tale of a Phantom Super PAC – and Our Sleuthing to Find It
Politico – Zach Montellaro | Published: 5/5/2020

A new super PAC made a splashy entrance onto the U.S. Senate battleground scene recently, reporting millions of dollars in spending backing Democrats in key races. There is just one problem: the ads do not exist. Americans for Progressive Action USA filed reports showing more than $2.5 million in advertising and associated costs. But six ad makers and advertising platforms listed in the filings said they have never heard of the super PAC and have no records of doing business with the group. It is not unheard of for people to make false filings with the FEC. But more than a dozen political operatives and campaign finance watchdogs contacted for this story were baffled why someone would file apparently made-up spending reports.

The ‘New Normal’ Takes Shape on Capitol Hill
The Hill – Scott Wong and Mike Lillis | Published: 5/4/2020

Lawmakers hoping for a return to pre-coronavirus life on Capitol Hill might find themselves waiting awhile. The pandemic has already upended daily routines and legislative calendars during the extended recess, forcing lawmakers to adapt to Zoom hearings and cloistered campaigning. But now Congress’s leading medical authority is warning the upheaval will extend to virtually all facets of life in the Capitol complex, and those changes are likely to last years. For lawmakers and their staffs, that means life when they resume a more regular schedule in Washington will be, in many aspects, almost unrecognizable.

Trump Sparks Fight Over IRS Relief Payments
The Hill – Naomi Jagoda | Published: 5/2/2020

President Trump has sparked concerns about politicizing the IRS by putting his name on the coronavirus relief checks and letters sent to Americans informing them of their payments.  The moves are seen as a way for Trump to take credit for the pandemic aid that households are receiving just months before an election where his handling of the outbreak and the economic damage it has caused will play a prominent role. While presidents regularly tout their economic policies, critics say Trump’s actions unnecessarily inject partisanship into a government agency that should be viewed as nonpartisan. They also argue his move could backfire politically.

Virus Whistle-Blower Says Trump Administration Steered Contracts to Cronies
MSN – Sheryl Gay Stolberg (New York Times) | Published: 5/5/2020

A federal scientist who says he was ousted from his job amid a dispute over an unproven coronavirus treatment pushed by President Trump said top administration officials repeatedly pressured him to steer millions of dollars in contracts to the clients of a well-connected consultant. Rick Bright, who was director of the Department of Health and Human Services’ Biomedical Advanced Research and Development Authority until his removal in April, said in a whistleblower complaint that he had been protesting contract abuse since 2017. Questionable contracts have gone to “companies with political connections to the administration,” the complaint said, including a drug company tied to a friend of Jared Kushner’s, President Trump’s son-in-law and senior adviser.

Well-Connected Trump Alumni Benefit from Coronavirus Lobbying Rush
MSN – Michelle Ye Hee Lee, Tom Hamburger, and Anu Narayanswami (Washington Post) | Published: 4/30/2020

As businesses lobby Washington for a piece of the massive federal response to the global pandemic, a group of former Trump administration officials and campaign alumni are in the center of the action, helping private interests tap into coveted financial and regulatory relief programs. Businesses hit hard by the virus and health-care manufacturers seeking approval for their products have rushed to hire Trump alumni, who are leveraging their connections in a variety of ways. In all, at least 25 former officials who once worked for the Trump administration, campaign, or transition team are now registered as lobbyists for clients with coronavirus needs. The activity shows how, despite Trump’s repeated claim he would “drain the swamp,” his former aides and onetime administration officials have embraced Washington’s lobbying world.

Why Biden’s Choice of Running Mate Has Momentous Implications
MSN – Jonathan Martin and Alexander Burns (New York Times) | Published: 5/3/2020

The vice-presidential selection process has usually had an air of cloak-and-dagger to it. The party’s nominees would say little about their thinking, the would-be running mates would reveal even less, and an elaborate game of subterfuge would unfold that mostly captivated political insiders and usually had little bearing on the election. But a convergence of forces has transformed Joe Biden’s search for a running mate on the Democratic ticket. His pledge to pick a woman immediately limited the pool of potential candidates and intensified the competition. Biden himself has increasingly pushed into the political foreground the overwhelming reason his choice may be the most consequential in decades: the expectation that the 77-year-old would be a one-term president.

Will Americans Lose Their Right to Vote in the Pandemic?
New York Times – Emily Bazelon | Published: 5/5/2020

The April 7 election in Wisconsin showed the coronavirus pandemic can block access to the ballot just as it has closed stores and schools and so much other civic activity. “Ultimately, there were no provisions, no accommodations in state law for the pandemic when it came to our administration of this election,” said Neil Albrecht, executive director of the Milwaukee Election Commission. If states and the federal government do not do more to help voters in November, the barriers for some of them may be insurmountable. The outcome of the presidential contest will most likely be decided in a handful of swing states. But only one swing state is already set up for most people to vote by mail.

Canada

Canada – Ontario Allowing ‘Secret Lobbying’ Amid COVID-19: Critic
National Post – Emma McIntosh | Published: 5/1/2020

The Ontario government is allowing businesses to do “secret lobbying” by inviting them to ask for temporary law changes during the coronavirus pandemic, Democracy Watch says. The Progressive Conservative government, which was elected on promises to reduce red tape, announced it would open an online portal where businesses could ask for regulation or rule changes to help them weather the pandemic. Democracy Watch, a non-profit which advocates for government accountability, said that portal is an invitation to use a loophole in Ontario’s lobbying rules, which is especially worrying given the government’s temporary rollbacks of some environmental protections.

From the States and Municipalities

California – Dem vs. Dem: Do fractures in California presage a Democratic Party crack-up?
Politico – Jeremy White | Published: 5/5/2020

In modern California politics, the critical fault line is not between Democrats and Republicans. It is between Democrats, thanks to an election system that allows two Democrats to advance out of primaries and collide in the general election. There is no other state where Democrats wield the absolute power the party enjoys in California. Before 2011, when the state replaced party primaries with a general primary after which the top two vote-getters square off in the general election, establishment-backed Democrats running in safe seats could often sail to assured victories; now, they often find themselves fighting for their political lives against a rival from their own party.

Colorado – Demoted Denver Firefighter Tried to Pass Off Hot Tub, Leather Sofa as Medical Expenses
Denver Post – Shelly Bradbury | Published: 5/5/2020

A Denver Fire Department lieutenant who fell through a floor and broke his hip while fighting a fire in 2016 subsequently tried to pass off purchases of a hot tub, stove, specialty mattress, and seven-piece leather sofa as medical expenses, according to a disciplinary action letter from the city Department of Public Safety. Lt. Demetrius Granado was demoted to the rank of firefighter first-grade and technically fired for his actions, although the firing will not take effect if he does not violate the fire department’s rules for two years.

Florida – Florida Concedes It Has No Plan on Felon Voting
Tampa Bay Times – Dara Kam | Published: 5/6/2020

U.S. District Court Judge Robert Hinkle decided more than six months ago that Florida cannot deny the right to vote to felons who have served their time behind bars and are genuinely unable to pay “legal financial obligations” as required by a controversial state law passed last year. But as a trial in a challenge to the law draws to a close, a top Florida elections official told the judge the state has not settled on a process that will carry out his ruling and permit people who cannot afford to pay their court-ordered debts to vote.

Georgia – GBI Opens Criminal Investigation into DA’s Nonprofit Funds
Lexington Herald-Leader – Associated Press | Published: 5/6/2020

The Georgia Bureau of Investigation launched a criminal probe into a district attorney accused of using at least $140,000 in city of Atlanta money paid to a nonprofit to supplement his own salary. The state ethics commission filed a complaint against The Georgia Ethics Commission filed a complaint against Fulton County District Attorney Paul Howard, accusing him of violating public disclosure laws.

Hawaii – Honolulu Ethics Commission OKs Gifts for First Responders
Honolulu Star Advertiser – Gordon Y.K. Pang | Published: 5/2/2020

The Honolulu Ethics Commission voted to allow city police officers and other first responders to accept gifts from the public that are considered :tokens of aloha and acts of kindness” for the duration of the coronavirus outbreak. The temporary change in ethics guidelines was triggered by the surge in public support for those on the front lines of the battle to stem the outbreak. The change applies only to police officers, firefighters, paramedics, and lifeguards employed by the city, since other first responders are outside the jurisdiction of the commission.

Idaho – Belated Campaign Finance Report Filed by Pro-Gun Group
Idaho Falls Post-Register – Betsy Russell (Idaho Press) | Published: 4/28/2020

After a campaign finance complaint was referred to the Idaho attorney general for investigation, Greg Pruett of the Idaho 2nd Amendment Alliance belatedly filed a campaign finance report on his television ad campaign in favor of Rep. Christy Zito, who is running for the state Senate. Pruett acknowledged that under Idaho law, he was required to file a report and disclose his donors of $50 or more when he distributed an “electioneering communication” that “unambiguously refers to any candidate,” and was sent out within 30 days before a primary election.

Iowa – Court Upholds Dismissal of Suit Over Iowa Governor’s Flight
AP News – David Pitt | Published: 5/1/2020

The Iowa Supreme Court upheld the dismissal of a lawsuit filed by an attorney who challenged a 2017 flight that Gov. Kim Reynolds and her family took on a private jet to a football game in Memphis, Tennessee Gary Dickey filed a complaint with the Iowa Ethics and Campaign Disclosure Board, alleging the $2,880 claimed for four seats on the private jet in campaign disclosure documents underestimated the flight’s value by thousands of dollars. The plane was owned by a company that has contracts with the state.

Maryland – Progressive Maryland Files Complaint Against Super PAC Backing Baltimore Mayoral Candidate Mary Miller
Baltimore Sun – Talia Richman | Published: 5/5/2020

A nonprofit advocacy group filed an ethics complaint with the Maryland elections board, alleging campaign finance violations by a super PAC that is backing Baltimore mayoral candidate Mary Miller. The Citizens for Ethical Progressive Leadership PAC was established April 30, state records show, and is supporting Miller. The group recently circulated a memo describing a poll by Garin-Hart-Yang Research Group of 500 likely Democratic primary voters, conducted April 13 to 16. Progressive Maryland’s complaint says the date of the poll signals a campaign finance violation.

Mississippi – MS Welfare Scandal Audit: Money went to cars, family, paying Brett Favre for speeches he never gave
Jackson Clarion-Ledger – Luke Ramseth | Published: 5/4/2020

Money meant to help poor Mississippians was instead used to buy expensive cars, sponsor a college baseball tournament, hire family members of a top state official, and pay Brett Favre for speeches he never gave, according to a report from State Auditor Shad White. The audit of the Mississippi Department of Human Services (DHS) shows how federal welfare grant funds flowed from DHS into two nonprofits, which then frequently spent the cash in inappropriate or suspicious ways.  More than $94 million in welfare money spending was “questioned” by auditors, according to the report, alleging either outright misspending or lack of documentation showing it was spent properly.

Nevada – Ethics Complaint ‘Credible’ Against Ex-Las Vegas Planning Official
Las Vegas Review-Journal – Shea Johnson | Published: 5/1/2020

Former Las Vegas Planning Commissioner Christina Roush voted several times on short-term rental applications presented by a City Hall lobbyist but failed to disclose that lobbyist had also reportedly been hired by her husband to secure a similar permit. Now Roush will have to attend ethics training if she returns to the public sector within two years under a proposed agreement with a state ethics panel. The panel, consisting of three members of the Nevada Commission on Ethics, recently said there was “credible evidence” for the full commission to weigh in on the accusations that Roush violated two conflict-of-interest laws by voting on short-term rental applications presented by lobbyist Nathan Taylor through much of 2018.

New Jersey – Juul Donated to New Jersey Politicians Even as They Considered Vaping Restrictions
Politico – Matt Freidman | Published: 5/4/2020

As New Jersey lawmakers considered restrictions on vaping products, a leading e-cigarette maker donated to political organizations with close ties to both state Senate President Steve Sweeney and Gov. Phil Murphy.  The donations from Juul Labs came even after Sweeney called for a ban on all vaping products and then pushed a bill that would severely restrict their sales in New Jersey. Juul’s $7,500 donation to General Majority, a Sweeney-tied super PAC, was dated less than two weeks after the Legislature passed a Sweeney-backed bill that could have banned the company’s products from store shelves, and three days after Murphy vetoed it.

New York – New York Must Hold Democratic Presidential Primary, Judge Rules
New York Times – Sean Sullivan and Nick Corasaniti | Published: 5/5/2020

A federal judge ordered elections officials in New York state to hold its Democratic primary election in June and reinstate all qualifying candidates on the ballot. The ruling came after the presidential primary was canceled over concerns about the coronavirus. Douglas Kellner, co-chairperson of the New York Board of Elections, said the board was “reviewing the decision and preparing an appeal. “The initial move to cancel the presidential primary sowed confusion around the state; though the statewide presidential primary was canceled, dozens of local elections were not, leaving some candidates and political operatives nervous that voters might presume the entire primary had been called off.

North Carolina – Should NC Politicians Be Banned from Paying Themselves Rent with Campaign Money?
Raleigh News and Observer – Will Doran | Published: 4/30/2020

The North Carolina State Board of Elections is considering whether politicians should be able to use their campaign donors’ money to pay for a home they already own after the board previously signed off on such arrangements. Specifically, the potential rule change  would ban politicians from using their campaign funds to pay the rent or mortgage of any residence owned by them or a family member. If state officials do decide to ban such practices, it would appear to be a change aimed one of the most powerful politicians in the state, Senate leader Phil Berger.

Ohio – Ohio Elections Chief Pushes for Changes Before Fall Vote
AP News – Julie Carr Smyth | Published: 5/5/2020

Ohio needs to take the application process for mail-in ballots online, agree to pay postage on return applications and ballots, and make other voting-law changes in order to assure a smooth presidential election in November, the state’s top elections official said. Secretary of State Frank LaRose said he has begun lobbying lawmakers on the need to act quickly. The state’s primary election was postponed from March 17 to April 28 due to the public health threat posed by the coronavirus. The experience spotlighted several weaknesses in Ohio’s vote-by-mail system, already criticized as cumbersome of some voting-rights groups.

Ohio – Ohio House Republicans Move to Limit Health Director Amy Acton’s Authority
Cleveland Plain Dealer – Seth Richardson | Published: 5/6/2020

The Ohio House moved to strip state Department of Health Director Dr. Amy Acton’s authority to issue lasting state orders, a direct attack on Gov. Mike DeWine and his response to the coronavirus pandemic. House Republicans amended and passed a 2019 regulatory reform bill that would limit health department orders to 14 days. Under the amended Senate Bill 1, an order could only be extended if it receives approval from the Joint Committee on Agency Rule Review. Republicans said they were trying to check the governor’s power through legislative oversight, saying Acton’s authority was too broad.

Oregon – Campaign Finance Limits Lose Twice in Oregon
Oregon Public Broadcasting – Rebecca Ellis and Jeff Mapes | Published: 5/1/2020

Backers of strict curbs on campaign money in Oregon lost twice in their attempt to quickly impose limits on donations to candidates for public office. The actions, involving limits at the statewide level and in Portland’s mayoral campaign, came after the Oregon Supreme Court ruled strict limits do not violate state constitutional protections on freedom of expression. In doing so, the court reversed a long-standing ruling barring limits on political donations.

South Carolina – SC Supreme Court Rules Against Statehouse Probe Prosecutor’s Call to Reverse Plea Deal
Charleston Post and Courier – Andy Shain | Published: 5/6/2020

The special prosecutor in South Carolina’s statehouse probe was dealt a blow when the state Supreme Court ruled against his efforts to throw out a guilty plea by a former lawmaker. The court also says it has questions about how First Circuit Solicitor David Pascoe was able to get $352,000 from businesses and state agencies to avoid prosecution in the investigation. The case led to guilty pleas and convictions of five lawmakers and effectively ended one of South Carolina’s most influential political consulting firms.

South Dakota – Ethics Board Dismisses Complaint Against Councilor After Trip to Republican Convention
Sioux Falls Argus Leader – JoeSneve | Published: 4/30/2020

The Sioux Falls Board of Ethics will not decide if a city councilor broke the rules by accepting an expense-free trip to a conference of Republican municipal and county officials. Last October, Councilor Greg Neitzert, along with Mayor Paul TenHaken, attended the group Community Leaders of America’s convention in Dallas. The trip recently became the subject of scrutiny when Sioux Falls resident John Cunningham filed an ethics complaint against Neitzert, alleging he violated the city’s ethics rules when Community Leaders of America covered expenses for airfare and hotel stays.

Tennessee – Media Groups Sue Campaign Finance Board Over Email Vote, Contend Violation of Open Meetings Law
The Tennessean – Joel Ebert | Published: 4/29/2020

A coalition of media organizations filed a lawsuit against a state panel for violating Tennessee’s open meetings law. The lawsuit stems from the Tennessee Registry of Election Finance’s decision to reduce previously issued fines against state Rep. Joe Towns. According to the suit, the email vote violated the state’s Open Meetings Act, as well as an executive order from Gov. Bill Lee seeking to allow government agencies to conduct business electronically during the ongoing coronavirus pandemic.

Texas – Texas AG Helped Donor Fight Virus Lockout
AP News – Paul Weber and Jake Bleiberg | Published: 4/29/2020

When a small county in Colorado banished everyone but locals to blunt the spread of the coronavirus, an unlikely outsider raised a fuss: Texas Attorney General Ken Paxton, who called it an affront to Texans who own property there and pressed health officials to soften the rules. A review shows Paxton’s moves stood to benefit an exclusive group of Texans, including a Dallas donor and college classmate who helped Paxton launch his run for attorney general and had spent days trying to get a waiver to remain in his $4 million lakeside home. Robert McCarter’s neighbors in the wealthy Colorado enclave of Crested Butte are also Paxton campaign contributors, including a Texas oilman who has given Paxton and his wife, state Sen. Angela Paxton, more than $252,000.

Wisconsin – Conservative Justices Appear Skeptical of ‘Safer at Home’ Extension
Madison.com – Ed Treleven | Published: 5/5/2020

The Wisconsin Supreme Court’s conservative justices expressed skepticism about the authority of a cabinet secretary to extend Gov. Tony Evers’ “safer at home” order for controlling the spread of COVID-19. “Isn’t it the very definition of tyranny for one person to order people to be imprisoned for going to work, among other ordinarily lawful activities?” asked Justice Rebecca Bradley. Republican lawmakers are seeking to suspend the Department of Health Services’ extension of the order to May 26. Opponents say it has wrecked the state’s economy. Proponents counter that Wisconsin’s infection rate would be much higher if nothing had been done. One justice likening the restrictions to the World War II Japanese internment camps.

Wisconsin – Unexpected Outcome in Wisconsin: Tens of thousands of ballots that arrived after Election Day were counted, thanks to court decisions
MSN – Amy Gardner, Dan Simmons, and Robert Barnes (Washington Post) | Published: 5/3/2020

In early April, Wisconsin voters navigated a number of rule changes governing the state’s spring elections as officials tussled over the risks of the coronavirus, prompting a backlog of absentee ballot requests and fears that many would not be able to participate. But in the end, tens of thousands of mail ballots that arrived after the April 7 presidential primaries and spring elections were counted by local officials, the unexpected result of last-minute intervention by the U.S. Supreme Court. What happened in Wisconsin has potentially far-reaching implications as the two parties square off in courtrooms across the country, hoping to notch legal victories that will shape the electorate in their favor before November.

Campaign Finance

National: “The Bizarro Tale of a Phantom Super PAC – and Our Sleuthing to Find It” by Zach Montellaro for Politico

Maryland: “Progressive Maryland Files Complaint Against Super PAC Backing Baltimore Mayoral Candidate Mary Miller” by Talia Richman for Baltimore Sun

Elections

National: “Will Americans Lose Their Right to Vote in the Pandemic?” by Emily Bazelon for New York Times

New York: “New York Must Hold Democratic Presidential Primary, Judge Rules” by Sean Sullivan and Nick Corasaniti for New York Times

Ethics

National: “Virus Whistle-Blower Says Trump Administration Steered Contracts to Cronies” by Sheryl Gay Stolberg (New York Times) for MSN

South Carolina: “SC Supreme Court Rules Against Statehouse Probe Prosecutor’s Call to Reverse Plea Deal” by Andy Shain for Charleston Post and Courier

Wisconsin: “Conservative Justices Appear Skeptical of ‘Safer at Home’ Extension” by Ed Treleven for Madison.com

Lobbying

National: “K Street Requests Taxpayer Bailout of Corporate Lobbyists” by Lee Fang for The Intercept

Canada: “Ontario Allowing ‘Secret Lobbying’ Amid COVID-19: Critic” by Emma McIntosh for National Post

Campaign Finance

National: “Cash-Starved Candidates Trade Swanky Cocktail Hours for $5K Zoom Meetings” by Elena Schneider and Theodoric Meyer for Politico

New Jersey: “Juul Donated to New Jersey Politicians Even as They Considered Vaping Restrictions” by Matt Freidman for Politico

North Carolina: “Should NC Politicians Be Banned from Paying Themselves Rent with Campaign Money?” by Will Doran for Raleigh News and Observer

Elections

National: “Both Parties Wonder: How much do conventions even matter anymore?” by Adam Nagourney and Matt Flegenheimer (New York Times) for MSN

National: “Why Biden’s Choice of Running Mate Has Momentous Implications” by Jonathan Martin and Alexander Burns (New York Times) for MSN

Ethics

National: “Trump Sparks Fight Over IRS Relief Payments” by Naomi Jagoda for The Hill

Mississippi: “MS Welfare Scandal Audit: Money went to cars, family, paying Brett Favre for speeches he never gave” by Luke Ramseth for Jackson Clarion-Ledger

Nevada: “Ethics Complaint ‘Credible’ Against Ex-Las Vegas Planning Official” by Shea Johnson for Las Vegas Review-Journal

South Dakota: “Ethics Board Dismisses Complaint Against Councilor After Trip to Republican Convention” by JoeSneve for Sioux Falls Argus Leader

Elections

Wisconsin: “Unexpected Outcome in Wisconsin: Tens of thousands of ballots that arrived after Election Day were counted, thanks to court decisions” by Amy Gardner, Dan Simmons, and Robert Barnes (Washington Post) for MSN

Ethics

National: “Lawmakers Made Hundreds of Stock Transactions During Pandemic, Watchdog Finds” by Alice Miranda Ollstein for Politico

National: “Secret Service Paid Trump’s D.C. Hotel More Than $33,000 for Lodging to Guard Mnuchin in ’17” by David Fahrenthold, Joshua Partlow, Josh Dawsey, and Carol Leonnig (Washington Post) for Seattle Times

Hawaii: “Honolulu Ethics Commission OKs Gifts for First Responders” by Gordon Y.K. Pang for Honolulu Star Advertiser

Iowa: “Court Upholds Dismissal of Suit Over Iowa Governor’s Flight” by David Pitt for AP News

Legislative Issues

National: “The ‘New Normal’ Takes Shape on Capitol Hill” by Scott Wong and Mike Lillis for The Hill

Lobbying

National: “Well-Connected Trump Alumni Benefit from Coronavirus Lobbying Rush” by Michelle Ye Hee Lee, Tom Hamburger, and Anu Narayanswami (Washington Post) for MSN

Campaign Finance

Idaho: “Belated Campaign Finance Report Filed by Pro-Gun Group” by Betsy Russell (Idaho Press) for Idaho Falls Post-Register

Oregon: “Campaign Finance Limits Lose Twice in Oregon” by Rebecca Ellis and Jeff Mapes for Oregon Public Broadcasting

Tennessee: “Media Groups Sue Campaign Finance Board Over Email Vote, Contend Violation of Open Meetings Law” by Joel Ebert for The Tennessean

Ethics

National: “Should News Organizations Take Coronavirus Bailout Loans? While Some Fear a Conflict of Interest, Many Are Desperate for Cash” by Paul Fahri (Washington Post) for Greenwich Times

National: “Joe Biden Denies He Sexually Assaulted a Former Senate Aide, Calls on National Archives to Release Complaint If One Exists” by Matt Viser, Annie Linskey, and Sean Sullivan (Washington Post) for Stamford Advocate

Texas: “Texas AG Helped Donor Fight Virus Lockout” by Paul Weber and Jake Bleiberg for AP News

Lobbying

National: “Southern Company’s Lobbying Disclosures Obscure State-Level Information from Investors, Public” by Daniel Tate for Energy and Policy Institute

National/Federal

Democrats Press General Services Administration Over Trump Hotel Payments
Greenwich Time – Jonathan O’Connell, David Fahrenthold, and Joshua Partlow (Washington Post) | Published: 4/24/2020

Congressional Democrats are pressing the General Services Administration for information about President Trump’s District of Columbia hotel lease after Trump’s company said it asked the federal government to include it in any accommodations it may make for private tenants during the coronavirus shutdown. The letter is the latest attempt by congressional Democrats to prevent Trump from using his administration to benefit his business, which he owns but which his adult sons are running while he is in office. The renewed oversight comes at a time when the Trump Organization, like virtually all hotel and golf companies in the country, has seen business plummet to a small fraction of what it was due to shutdowns from the pandemic, and has been looking to cut costs.

Donna Shalala, on Coronavirus Oversight Board, Pays Fine for Not Revealing Stock Sales
Miami Herald – Alex Daugherty | Published: 4/28/2020

U.S. Rep. Donna Shalala, who admitted she broke federal law requiring the disclosure of stock sales, will pay a $1,200 fine for six violations because she failed to report hundreds of transactions made last year by a broker setting up a blind trust. A report details 556 stock transactions made by Shalala n in 2019. She did not make any stock transactions in 2020. There is no indication Shalala engaged in insider trading, though her stock holdings on her previous financial disclosure, from 2018, led to criticism that her portfolio conflicted with her work on an oversight committee set up oversee $500 billion in taxpayer money being used for coronavirus-related payouts to large businesses.

Government Watchdog Seeks Ethics Investigation of Jared Kushner’s ‘Shadow’ Coronavirus Task Force
MSN – Jerry Lambe (Law & Crime) | Published: 4/28/2020

In a letter to the Office of Government Ethics, Citizens for Responsibility and Ethics in Washington asked the agency to conduct a review of whether members of a coronavirus task force overseen by Jared Kushner have complied with the disclosure obligations and conflict-of-interest restrictions required of special government employees under federal law. Kushner in March formed his own “shadow” coronavirus task force, separate from the official effort headed by Vice President Mike Pence, composed largely of private sector advisors whose primary focus was supposed to be expanding access to testing and acquiring life-saving personal protective equipment.

How a Digital Ad Strategy That Helped Trump Is Being Used Against Him
New York Times – Nick Corasaniti | Published: 4/28/2020

In the fast-paced world of digital advertising, the availability of real-time data beyond mere engagement is fairly small, leaving campaigns with a patchwork of clicks, old polling, and hunches to assess the impact of the millions of dollars they are spending on digital platforms. Facebook, with about 220 million users in the country, remains the central digital vehicle for reaching Americans who are spending more time online during the coronavirus pandemic. The pandemic has also forced campaigns to rely on a nearly entirely digital infrastructure, from fundraising to organizing to persuasion. Having fresh data to inform campaign arguments online is essential. A real-time testing project aims to help fill that gap.

Judges Worry Trump Position on McGahn Testimony Could Force Congress into Extreme Measures
Politico – Josh Gerstein and Kyle Cheney | Published: 4/28/2020

A federal appeals court in Washington, D.C. expressed skepticism about the Trump administration’s claim that Congress can never go to court to enforce its oversight and spending powers. The discussion occurred as lawyers for the U.S. House and Justice Department sparred over efforts by Democrats to force former White House counsel Don McGahn to testify about his knowledge of alleged wrongdoing by Trump. Throughout the arguments, judges raised concerns about whether cutting off the courts to Congress would remove any incentive for future presidents to cooperate or negotiate with lawmakers trying to check executive power.

Pollo Tropical, Which Employs Florida Congresswoman’s Husband, Gets Small Biz Loan
Miami Herald – Alex Daugherty | Published: 4/23/2020

The publicly traded parent company of Miami restaurant chain Pollo Tropical, which employs the husband of U.S. Rep. Debbie Mucarsel-Powell as an executive, received a taxpayer-funded loan intended for small businesses affected by the coronavirus pandemic. Fiesta Restaurant Group, with more than 10,000 employees, was granted a $10 million Paycheck Protection Program loan, money that does not have to be paid back if it is used to keep employees on the job. Fiesta said it is “currently reviewing” the money to determine whether it is appropriate to keep it in light of new Treasury Department guidelines that will prevent most publicly-owned large companies from receiving loans.

Sen. Richard Burr Is Not Just a Friend to the Health Care Industry. He’s Also a Stockholder.
ProPublica – Robert Faturechi and Derek Willis | Published: 4/28/2020

In his 15 years in the U.S. Senate, Richard Burr has been one of the health care industry’s staunchest friends, advocated for legislation to benefit the industry. Burr also trades in and out of the industry’s stocks. Since 2013, he and his wife bought and sold between $639,500 and $1.1 million of stock in companies that make medical devices, equipment, supplies, and drugs. With weak laws and little oversight, such trading rarely trips any wires. Burr is also one of the Senate’s biggest beneficiaries of the industry’s largesse. Medical companies, trade groups, and their executives and lobbyists regularly donate to his political committees.

Spotify and Text-a-Thons: How the census is reaching out during coronavirus
Poilitico – Maya King and Danielle Muoio | Published: 4/23/2020

As the coronavirus bears down on cities and states across the nation, the Census Bureau has scrubbed in-person get-out-the-count work in favor of ad buys on Spotify, thousand-person text-a-thons, and virtual speakers series. But despite an extensive statistical database and h$500 million ad strategy to get a proper count, local officials warn millions could still slip through the cracks. The people who are not counted can lose political representation at both the state and federal levels. Legislative and congressional districts are drawn based on population, and the areas where people are hardest to count skew Democratic.

Start-Ups Pursue ‘Free Money’ with Relief Funds, Prompting Backlash
MSN – Erin Griffith and David McCabe (New York Times) | Published: 4/27/2020

Scrutiny of the Paycheck Protection Program, the $349 billion plan to save jobs at small businesses during the coronavirus outbreak, has reached technology start-ups. While many of these young companies have been hurt by the pandemic, they are not ailing in the same way that traditional small businesses are. Many mom-and-pop enterprises, which tend to employ hourly workers and operate on razor-thin margins, are shutting down immediately because of economic pain. But start-ups, which last year raised more than $130 billion in funding, have sometimes turned to the government loans not for day-to-day survival but simply to buy useful time. The start-up rush to tap the finite pool of government aid has stirred debate in Silicon Valley over whether these companies should have applied.

Supreme Court Casts Some Doubt on Whether It Should Settle Trump’s Fight with Congress Over His Finances
Washington Post – Robert Barnes | Published: 4/28/2020

The U.S. Supreme Court called for additional briefing on whether the court was authorized to settle a dispute about congressional subpoenas for President Trump’s financial records. The case is set to be argued May 12, and briefing was completed weeks ago. So the order from the court caught lawyers by surprise and raised at least the possibility the justices were looking for a way to avoid deciding the case’s merits. It may also be less dramatic than that. The request could reflect the interest of just one or a small group of the nine justices. Trump has raised sweeping arguments that the president is protected from investigation by congressional committees and, separately, a New York district attorney. The lower courts are considering the power of Congress to demand executive branch compliance with its investigations.

Thousands of Candidates Reinventing Politics on the Fly for the Age of Pandemic
MSN – Michael Scherer (Washington Post) | Published: 4/26/2020

There is a new reality for political professionals across the country as the social distancing clampdown has transformed the art and logistics of politicking. While much of the attention has focused on former Joe Biden, the presumptive Democratic nominee, hunkering down in his basement to record his podcast, or President Trump seeking to monopolize the evening television airwaves, Covid-19 has transformed all corners of the political universe. Local candidates and name-brand leaders alike have been forced to abandon rallies, community centers, and campaign offices. Volunteers, organizers and operatives have been quarantined into virtual meetings, letter-writing campaigns, and mobile-texting blitzes. Entire organizations have pivoted to meet the moment.

Trump Allies Highlight New Claims Regarding Allegations Against Biden
MSN – Matt Viser (Washington Post) | Published: 4/27/2020

Some allies of President Trump pointed to new claims by a woman who said she was told about sexual assault allegations against Joe Biden decades ago, renewing attention to questions about the past behavior of the presumptive Democratic presidential nominee. Apparent corroboration recently for elements of two accusations made by Biden’s former Senate aide Tara Reade, one involving harassment and the second a sexual assault. Biden has not commented on the allegations, but his campaign has denied them and pointed to his record on women’s rights and promotion of women in his offices.

Trump Appointees Manipulated Agency’s Payday Lending Research, Ex-Staffer Claims
New York Times – Nicholas Confessore and Stacy Cowley | Published: 4/29/2020

Last summer, on his final day of work at the nation’s consumer finance watchdog agency, a career economist sent a colleague a blunt memo. He claimed that President Trump’s appointees at the Consumer Financial Protection Bureau had manipulated the agency’s research process to justify altering a 2017 rule that would have curtailed high-interest payday loans. The departing staff member, Jonathan Lanning, detailed several maneuvers by his agency’s political overseers that he considered legally risky and scientifically indefensible, including pressuring staff economists to water down their findings on payday loans and use statistical gimmicks to downplay the harm consumers would suffer if the payday restrictions were repealed.

Under Pressure, House Leaders Scrap Plans for Speedy Return to the Capitol
New York Times – Emily Cochrane and Nicholas Fandos | Published: 4/28/2020

Democratic leaders scrapped a plan to call the U.S. House back into session in the near future, abruptly reversing themselves after some rank-and-file lawmakers complained that doing so constituted an unnecessary risk as coronavirus continues to spread in the capital and throughout the country. The delay will give House leaders more time to try to reach a bipartisan agreement on rules changes that would allow remote voting and hearings for the first time in history. Democratic leaders were hoping to build Republican support for their plan to permit lawmakers who could not or did not want to travel to Washington during the pandemic to designate another member to vote by proxy in their stead.

Canada

Canada – Alberta Premier Cleared in Ethics Probe Tied to Firing of Election Commissioner
National Post – Canadian Press | Published: 4/27/2020

Alberta’s ethics commissioner rejected accusations that Premier Jason Kenney and his United Conservative caucus broke the rules when they fired an election official investigating the party. Marguerite Trussler said there is no evidence the United Conservative Party (UCP) directly benefited when its caucus passed a bill late last year to fire Lorne Gibson as election commissioner. The New Democratic Party alleged that firing Gibson boosted the UCP’s long-term reputation and re-election prospects given that Gibson was investigating the party and had already levied more than $200,000 in fines tied to the 2017 leadership race won by Kenney.

From the States and Municipalities

Arkansas – 14 PACs Sign Settlements, Accept Fines to Resolve Ethics Complaints, State Records Show
Arkansas Democrat-Gazette – Michael Wickline | Published: 4/21/2020

Fourteen PACs represented by attorney Brenda Vassaur-Taylor signed settlements of complaints in which the committees acknowledge violations of state ethics law in 2016, according to Arkansas Ethics Commission records. They agreed to pay fines collectively totaling $1,450 and each received a public letter of caution. Kendall Bond filed about 30 ethics complaints in January against these PACs, as well as candidates in the 2016 primary election over unregistered PACs making contributions to other PACs and candidates, and unregistered PACS receiving contributions before they were registered as a PAC.

California – California Republicans Prepared to Match Democrats on ‘Ballot Harvesting.’ Then Came Coronavirus
Politico – Carla Marinucci | Published: 4/28/2020

Leaders of the embattled California Republican Party are reversing course during the coronavirus pandemic to demand Gov. Gavin Newsom ban a voting practice they until recently endorsed. The Republican leaders vowed to boost their “ballot harvesting” efforts, to allow people to pick up and deliver absentee ballots that others have cast, after a Democratic thumping in the 2018 midterms. But they are now arguing it is “an intolerable risk to public health and safety.” The practice allows party volunteers to collect mail-in ballots and submit them in groups to polling places or election offices. Republicans blame the Democrats’ ballot collecting as one factor for their 2018 midterm woes, which saw them lose seven congressional seats.

California – National City Passes Campaign Contribution Limits
San Diego Union-Tribune – Gustavo Solis | Published: 4/27/2020

National City officials adopted campaign contribution limits recently. Individuals, businesses, and labor unions can now contribute up to $1,000 to candidates while political parties can give $2,000. The take effect in January 2021. Part of the reason behind limiting campaign contributions was the significant increase in outside money pouring into local elections in National City in recent years.

California – Newsom Executive Orders Test Constitutional Bounds – and Legislative Goodwill
Politico – Debra Kahn | Published: 4/22/2020

Residents and leaders from both parties have given Gov. Gavin Newsom high marks for his handling of the coronavirus pandemic so far, especially after his early stay-at-home order was widely credited for helping control the spread of infection in California. But state lawmakers who have been on recess for more than a month are starting to bristle at the governor’s seemingly unilateral decision making. As Newsom shifts from crisis mode to managing the long-term economic fallout, his orders are coming under more scrutiny not just from lawmakers but industry groups, who are likewise re-engaging in Sacramento policymaking. The legislative branch has likewise shut down most activities for the time being. That leaves Newsom nearly alone to decide how to flex California laws in the coronavirus emergency.

Florida – Federal Grand Jury Casts Wide Net for JEA Records, Communications
Jacksonville Daily Record – Mike Mendenhall | Published: 4/23/2020

A federal grand jury subpoena orders JEA to provide documents, communications, and records from top utility and Jacksonville City Hall officials related to a failed push to privatize the city-owned utility and the hiring of former Chief Executive Officer Aaron Zahn. Federal prosecutors also are looking for communications and documents from lobbyists, JEA’s contracted legal and financial firms and consultants involved in the utility’s invitation to negotiate and failed stock option style-employee bonus plan.

Georgia – Supreme Court Rules States Can’t Copyright Annotated Laws
Courthouse News Service – Tim Ryan | Published: 4/27/2020

Extending a 19th century doctrine of copyright law to legal materials created by Legislatures, the U.S. Supreme Court ruled annotated versions of state codes cannot be copyrighted. Georgia contracts with Matthew Bender & Co., which is part of LexisNexis, to publish and distribute an annotated version of its official state code. LexisNexis publishes the full code without the annotations for free online and members of the public can access annotated versions for free at places like libraries and universities. Public.Resource.Org publishes official legal codes and other government documents online, bought 186 volumes of the annotated code and posted them online. Georgia sent the nonprofit cease and desist letters, but Public Resource refused to take the code down so the state filed a copyright infringement lawsuit.

Idaho – IFF Accused of Disobeying IRS Rules by Encouraging Idahoans to Disobey Governor
Idaho Statesman – Cynthia Sewell | Published: 4/28/2020

A complaint filed with the IRS alleges Idaho Freedom Foundation, a libertarian policy group, violated nonprofit organization rules by “supporting illegal activities” and “engaging in excessive lobbying activities.” After Gov. Brad Little extended the statewide stay-home order through April 30 to combat the coronavirus pandemic, the foundation encouraged people to disobey the order. The foundation helped organized the “Disobey Idaho” protest at the Capitol, which a few hundred people attended and continued to organize, promote, or participate in several stay-at-home violations. The complaint says one way the foundation directly attempts to influence legislation is through its “Freedom Index,” which grades how each state legislator’s voting record meshes with the group’s agenda.

Illinois – Bid to Strengthen Legislative Ethics Code on Sexual Harassment Blocked by Senate
State Journal-Register – Dalton Stokes | Published: 4/24/2020

Legislation to expressly prohibit sexual harassment by legislators and lobbyists in Illinois was one of many bills that did not become law in the 2020 session that was shortened by the coronavirus pandemic. The reasons for its failure in the state Senate remain unclear. After the bill passed the House, Senate leaders assigned it to the State and Local Government Committee, chaired by Sen. Wil Schroder. He said, “There were some Senate members who had questions regarding the new definitions contained in the bill and were not comfortable handling that section this session.”

Kansas – Kansas Ethics Panel Fines Former Corrections Secretary for Taking $100K Job with CoreCivic
Topeka Capital-Journal – Sherman Smith | Published: 4/27/2020

The Kansas Governmental Ethics Commission fined former corrections secretary Joe Norwood $5,000 for taking a job with CoreCivic after authorizing a lucrative state contract for the company. The commission also recommended authorities further investigate Norwood’s dealings with CoreCivic. As corrections secretary under former Gov. Sam Brownback, Norwood helped orchestrate a 20-year agreement for CoreCivic to build and operate a new prison facility, a $362 million deal panned by lawmakers and auditors as overly costly for the state. Norwood immediately went to work for CoreCivic after Gov. Laura Kelly took office in January 2019. Norwood said he was paid $100,000 by CoreCivic for consultant work last year.

Maryland – Ex-NAACP Leader Kweisi Mfume Wins Maryland Seat in Congress
Miami Herald – Brian Witte and Julio Cortez (Associated Press) | Published: 4/28/2020

Democrat Kweisi Mfume won a special election to finish the term of the late Elijah Cummings, retaking a Maryland congressional seat he held for five terms before leaving to lead the NAACP. Mfume defeated Kimberly Klacik in the heavily Democratic Seventh Congressional District, capping a race reshaped by the coronavirus. Maryland opened just three polling stations and sent ballots weeks in advance to encourage mail voting because of the pandemic. Earlier in April, thousands of Wisconsin primary voters waited hours outside overcrowded polling stations, and Maryland’s contest could be a test for future races in a key election year.

Michigan – Michigan Senator Apologizes for Mask That Looked Like Confederate Flag
New York Times – Sandra Garcia | Published: 4/26/2020

A Republican state senator in Michigan apologized for wearing a homemade mask that resembled the Confederate battle flag on the Senate floor. Dale Zorn said he told his wife, who made the mask, that it “probably will raise some eyebrows,” but he initially told a local television station that it was not a Confederate flag. He said his wife told the mask’s pattern was “more similar to” the state flags of Kentucky or Tennessee. The mask he wore, however, appeared to have more in common with the Confederate battle flag, which is all red and features a blue “X” with white stars inside it drawn across the flag.

New Mexico – Coalition Asks for $8,000 Reimbursement from Legislator, Former Executive Director
Albuquerque Journal – T.S. Last | Published: 4/27/2020

The Regional Coalition of Los Alamos National Laboratory Communities (RCLC) is asking New Mexico Rep. Andrea Romero to pay back $8,000 in reimbursements paid to her while she served as the organization’s executive director and before her election in 2018. Romero previously reimbursed RCLC $2,200, but that was before the state auditor’s office released a report that included impermissible reimbursements for travel, meals, and alcoholic beverages and lobbying activities. The audit said more than $50,000 in improper payments were made to Romero, members of the coalition’s board, and third parties. More than half of those payments went to Andrea Romero Consulting.

New York – New York Board of Elections Cancels Democratic Presidential Primary
New York Times – Stephanie Saul and Nick Corasaniti | Published: 4/27/2020

New York officials canceled the state’s Democratic presidential primary, prompting an immediate backlash from the campaign of U.S. Sen. Bernie Sanders and his supporters who had hoped to amass convention delegates and help shape the party’s platform in August. In making the decision against holding a primary, which had been scheduled for June 23, the chairperson of the New York State Board of Elections called the primary “essentially a beauty contest” that the state could ill-afford in the face of the coronavirus pandemic. The Democratic primary will be held for other races, but because of the decision, voters in about 20 counties with no other contests will have no need to go to the polls, and no choice for president will appear on ballots in the remainder of the state’s 62 counties.

Ohio – Biden Wins Ohio Primary, but the Real Contest Was Its Attempt at Mail-In Voting
WUSA – Will Weissert and Julie Carr-Smyth (Associated Press) | Published: 4/28/2020

Joe Biden won Ohio’s presidential primary, clinching a contest that was less about the Democratic nomination and more about how states can conduct elections in the era of the coronavirus. The primary was the first major test of statewide elections via mail amid an outbreak, and the results were mixed. There were reports of confusion but no widespread disruption. It was not like Wisconsin earlier in April, when voters were forced to overlook social distancing guidelines to stand in line wearing masks to cast a ballot. Still, overall turnout appeared to be off.

Ohio – Former ODNR Chief Cited for Ethics Violation Over Free Fishing Trip
Toledo Blade – Mike Markey | Published: 4/28/2020

Former Ohio Department of Natural Resources (ODNR) Director James Zehringer is among nearly 40 current and former state employees and elected officials who the state inspector general has determined violated ethics guidelines by accepting a free charter fishing trip in July 2018. While ethics laws prohibit public officials and employees from accepting gifts of substantial value, state officials wrongly employed a “questionable” interpretation of state law that the fishing trip could be accepted as a donation to the agency to promote tourism, the report said. It instead constituted a “wrongful act” on which natural resources officials also spent public money on lodging and meals for the walleye fishing trip out of Ashtabula County.

Ohio – Ohio’s G.O.P. Governor Splits from Trump, and Rises in Popularity
MSN – Trip Gabriel (New York Times) | Published: 4/28/2020

The coronavirus crisis has made Ohio Gov. Mike DeWine something that decades in elected offices never did: a household name. A Republican, he took early and bold actions to lock down his state, even as President Trump dismissed the threat of the pandemic. DeWine’s decisiveness sent his popularity soaring. Now, DeWine is charting a way out of the shutdown, taking cautious steps while facing pressure from business leaders, conservative activists, and some GOP lawmakers who question the economic costs of a state in quarantine. DeWine is being guided by health experts while avoiding partisan fissures over stay-at-home orders that have been encouraged by Trump, who hopes a rebounding economy will carry him to re-election.

Oregon – Oregon Supreme Court Rules in Favor of Campaign Contribution Limits
Oregon Public Broadcasting – Jeff Mapes | Published: 4/23/2020

Campaign contribution limits are legal in Oregon. The state Supreme Court said limits do not violate the Oregon Constitution, a ruling that potentially signals major reform in one of the few states that does  not restrict how much donors, including corporations and labor unions, can give to the candidates. The court ruled in favor of the $500 cap adopted by Multnomah County voters in 2016. The decision sends the case back to a lower court to decide whether Multnomah County’s limits themselves are too low, while tossing out limits that county voters set on campaign expenditures.

Oregon – Portland to Begin Enforcing $500 Campaign Donation Limit Next Week, But It Won’t Apply Retroactively
Portland Oregonian – Everton Bailey Jr. | Published: 4/28/2020

In the wake of an Oregon Supreme Court ruling that campaign contribution limits do not violate the state constitution, Portland election officials say they will enforce a voter-approved $500-per-donor limit starting May 4 but would not retroactively enforce the cap. In their ruling, the justices asked lower courts to decide if $500-per-donor limits, approved first by Multnomah County voters and then by Portland voters, are too low. Portland Mayor Ted Wheeler said his campaign would limit donations going forward to $500 overall in light of the Supreme Court ruling. He also called on state lawmakers to establish uniform political contribution rules in 2021.

Rhode Island – Ethics Commission Dismisses GOP Complaint vs. Raimondo
Providence Journal – Katherine Gregg | Published: 4/28/2020

The Rhode Island Ethics Commission voted to dismiss allegations that Gov. Gina Raimondo crossed a line when she negotiated a no-bid, 20-year lottery deal with International Game Technology (IGT). The complaint the state Republican Party filed against Raimondo centers on her relationship with former IGT Chairperson Donald Sweitzer, who was both an IGT lobbyist in Rhode Island and treasurer of the Democratic Governors Association while Raimondo led the group. The complaint alleges Raimondo violated the prohibition against public officials using their public positions to benefit a “business associate,” in this case Sweitzer.

Rhode Island – Former State Representative-Elect Laufton Ascencao Charged with Felony Embezzlement
UpriseRI – Staff | Published: 4/28/2020

Former state Rep.-elect Laufton Ascencao was charged with embezzlement of funds from the Rhode Island Chapter of the Sierra Club, as well as not reporting expenditures on campaign finance filings and failing to appoint a treasurer to certify his campaign filings in 2017 and 2018. The state attorney general’s office said Ascencao, without authorization, diverted $16,379 from the checking account of the Rhode Island Chapter of the Sierra Club while he was serving as treasurer of that organization. Ascencao used the money to pay for expenses during his 2018 campaign for state representative.

South Carolina – SC Officials Troubled by Senator’s Financial Ties to Richland County Church’s Nonprofit
The State – Andrew Kaplan | Published: 4/24/2020

The revelation that a prominent South Carolina senator sent nearly $500,000 in public money to help with the construction of a private development has some lawmakers and ethics experts crying foul. The money sent to a church’s nonprofit in 2007 was approved by state lawmakers, including state Sen. Darrell Jackson, who is pastor of the church and founder of its nonprofit. It is part of a long-held practice in which legislative leaders stash millions of dollars in the state’s budget each year, then send the earmarked money to pet projects. While a majority of legislators voted in favor of sending money to the private development, several recently interviewed issue with the vote and said they would not have supported later earmarks for the nonprofit had they known about its ties to their fellow lawmaker.

South Dakota – 2 South Dakota Lawmakers Reprimanded for Intoxication at Capitol
Dickinson Press – Shannon Marvel | Published: 4/24/2020

State Sens. Brock Greenfield and Kris Langer apologized during an investigative committee meeting for drinking and returning to the South Dakota Capitol drunk in the early morning hours of April 1. March 31 was the scheduled Veto Day, and the actual legislative session ended at about 3 a.m. on April 1. House Speaker Steve Haugaard testified he witnessed Langer and Greenfield slur their words during a meeting with Lt. Gov. Larry Rhoden. Rep. Fred Deutsch tweeted that the lawmakers should apologize to all of South Dakota. “We are elected to do the people’s work, not to booze it up – the tradition of lobbyist-provided all-you-can-drink free booze needs to stop,” Deutsch tweeted.

Virginia – Va. Gun Range Wins First Victory Against Order Requiring Businesses to Close
Laredo Morning Times – Justin Jouvenal (Washington Post) | Published: 4/27/2020

A Virginia Circuit Court judge ruled Gov. Ralph Northam exceeded his authority by forcing an indoor gun range in Lynchburg to close as part of his order shuttering some nonessential businesses. The decision to grant a temporary injunction allowing Safeside Tactical to reopen marks the first victory by a business challenging the restrictions to stem the spread of the coronavirus. The judge ruled the state law that allowed Northam to declare a state of emergency gives him broad powers, but it specifically prohibits him from limiting the right to keep and bear arms, and found accessing indoor gun ranges falls under that right. Legal experts said the case could spur others as businesses begin to chafe under restrictive shutdown orders in Virginia and across the country.

Wisconsin – Justice Daniel Kelly Rejoins Voter Purge Case After Losing Election
Milwaukee Journal Sentinel – Patrick Marley | Published: 4/29/2020

Wisconsin Supreme Court Justice Daniel Kelly rejoined a lawsuit over the state’s voter rolls after earlier keeping away from the case.  Kelly recused himself from the case last year because he was on the April 7 ballot. The justice lost the election but will stay on the bench until the end of July, when his term ends. Days after the election results were announced, Kelly asked parties involved in the case to say what they thought he should do and on April 29 he issued an order saying he would participate in the case. His decision to participate in the case means the court will not deadlock on it, as it did in December.

Wisconsin – Wisconsin Health Department: 36 people positive for coronavirus after primary vote
Politico – Noland McCaskill | Published: 4/27/2020

The state health department said at least three dozen Wisconsin voters and poll workers have tested positive for Covid-19, the disease caused by the coronavirus. Shortly after the state held an in-person election on April 7, the Wisconsin Department of Health Services announced “new tracing mechanisms” to help local officials track residents who might have been exposed to the virus while working the polls or casting a ballot. Health department spokesperson Jennifer Miller said “several” people within that group reported additional possible exposures, making it unclear whether the election itself is responsible for their contraction of the disease. If those people contracted the virus prior to the election, they could have also spread it to others who went to the polls that day.

Campaign Finance

Oregon: “Portland to Begin Enforcing $500 Campaign Donation Limit Next Week, But It Won’t Apply Retroactively” by Everton Bailey Jr. for Portland Oregonian

Elections

New York: “New York Board of Elections Cancels Democratic Presidential Primary” by Stephanie Saul and Nick Corasaniti for New York Times

Ethics

National: “Supreme Court Casts Some Doubt on Whether It Should Settle Trump’s Fight with Congress Over His Finances” by Robert Barnes for Washington Post

National: “Judges Worry Trump Position on McGahn Testimony Could Force Congress into Extreme Measures” by Josh Gerstein and Kyle Cheney for Politico

National: “Sen. Richard Burr Is Not Just a Friend to the Health Care Industry. He’s Also a Stockholder.” by Robert Faturechi and Derek Willis for ProPublica

New Mexico: “Coalition Asks for $8,000 Reimbursement from Legislator, Former Executive Director” by T.S. Last for Albuquerque Journal

Ohio: “Former ODNR Chief Cited for Ethics Violation Over Free Fishing Trip” by Mike Markey for Toledo Blade

Ohio: “Ohio’s G.O.P. Governor Splits from Trump, and Rises in Popularity” by Trip Gabriel (New York Times) for MSN

Lobbying

Idaho: “IFF Accused of Disobeying IRS Rules by Encouraging Idahoans to Disobey Governor” by Cynthia Sewell for Idaho Statesman

Elections

National: “How a Digital Ad Strategy That Helped Trump Is Being Used Against Him” by Nick Corasaniti for New York Times

Wisconsin: “Wisconsin Health Department: 36 people positive for coronavirus after primary vote” by Noland McCaskill for Politico

Ethics

National: “Trump Allies Highlight New Claims Regarding Allegations Against Biden” by Matt Viser (Washington Post) for MSN

Kansas: “Kansas Ethics Panel Fines Former Corrections Secretary for Taking $100K Job with CoreCivic” by Sherman Smith for Topeka Capital-Journal

Michigan: “Michigan Senator Apologizes for Mask That Looked Like Confederate Flag” by Sandra Garcia for New York Times

Rhode Island: “Ethics Commission Dismisses GOP Complaint vs. Raimondo” by Katherine Gregg for Providence Journal

Virginia: “Va. Gun Range Wins First Victory Against Order Requiring Businesses to Close” by Justin Jouvenal (Washington Post) for Laredo Morning Times

Legislative Issues

Georgia: “Supreme Court Rules States Can’t Copyright Annotated Laws” by Tim Ryan for Courthouse News Service

Elections

National: “Thousands of Candidates Reinventing Politics on the Fly for the Age of Pandemic” by Michael Scherer (Washington Post) for MSN

National: “Ballot Scramble: Maryland, Ohio test rapid shift to all-mail voting” by Stephanie Akin and Jessica Wehrman for Roll Call

Ethics

National: “Start-Ups Pursue ‘Free Money’ with Relief Funds, Prompting Backlash” by Erin Griffith and David McCabe (New York Times) for MSN

California: “Newsom Executive Orders Test Constitutional Bounds – and Legislative Goodwill” by Debra Kahn for Politico

South Dakota: “2 South Dakota Lawmakers Reprimanded for Intoxication at Capitol” by Shannon Marvel for Dickinson Press

Lobbying

Illinois: “Bid to Strengthen Legislative Ethics Code on Sexual Harassment Blocked by Senate” by Dalton Stokes for State Journal-Register

Campaign Finance

Oregon: “Oregon Supreme Court Rules in Favor of Campaign Contribution Limits” by Jeff Mapes for Oregon Public Broadcasting

Ethics

National: “Spotify and Text-a-Thons: How the census is reaching out during coronavirus” by Maya King and Danielle Muoio for Poilitico

National: “Pollo Tropical, Which Employs Florida Congresswoman’s Husband, Gets Small Biz Loan” by Alex Daugherty for Miami Herald

National: “Democrats Press General Services Administration Over Trump Hotel Payments” by Jonathan O’Connell, David Fahrenthold, and Joshua Partlow (Washington Post) for Greenwich Time

National: “Biden Sexual Assault Allegation Roils #MeToo Movement” by Molly Otterbein and Marc Caputo for Politico

South Carolina: “SC Officials Troubled by Senator’s Financial Ties to Richland County Church’s Nonprofit” by Andrew Kaplan for The State

Lobbying

Florida: “Federal Grand Jury Casts Wide Net for JEA Records, Communications” by Mike Mendenhall for Jacksonville Daily Record

National/Federal

A Watchdog Out of Trump’s Grasp Unleashes Wave of Coronavirus Audits
Politico – Kyle Cheney | Published: 4/20/2020

Lawmakers handed President Trump $2 trillion in coronavirus relief and then left town without activating any of the powerful new oversight tools meant to hold his administration accountable. But with little fanfare, Congress’ independent, in-house watchdog is preparing audits that will become the first wide-ranging check on Trump’s handling of the national rescue effort. Even as Trump has gone to war against internal watchdogs in his administration, the Government Accountability Office remains largely out of the president’s grasp because of its home in the legislative branch.

‘All of It Is Happening All at Once’: When Congress works from home
New York Times – Nicholas Fandos and Sheryl Gay Stolberg | Published: 4/18/2020

With the Capitol shuttered until at least early May and the House now considering instituting remote voting to facilitate a more prolonged absence from Washington, D.C, members of Congress are sequestered at home like the rest of America, forced to reimagine how to do their jobs virtually. It is a singular challenge for lawmakers, whose tasks typically revolve around human contact with a rotating cast of constituents, staff, lobbyists, and fellow lawmakers. They have come up with creative (some more than others) solutions.

Biden Campaign’s Selection of Preferred Super PAC Stokes Strife in Democratic Party
Washington Post – Michelle Ye Hee Lee, Michael Scherer, and Matt Viser | Published: 4/16/2020

Joe Biden’s campaign signaled to donors that Priorities USA would be its main big-money partner for the general election, a move that has alarmed some of Biden’s ardent backers, who fear the campaign has given outsize influence to a super PAC that many donors associate with the party’s loss in 2016. At stake are hundreds of millions of dollars in independent spending for Biden by super PACs and politically active nonprofits that can raise and spend unlimited sums to try to influence elections. Democrats are scrambling to build an operation to compete with President Trump, who has been fundraising for his reelection since 2017. But as they seek to put up a unified front, Democrats have been dogged by internal battles over how to avoid the mistakes of 2016.

Biden Makes End Run Around Trump as the President Dominates the National Stage
MSN – Annie Linsky (Washington Post) | Published: 4/22/2020

Homebound at his estate in Wilmington, Delaware, Joe Biden’s quarantined campaign is adjusting to a new reality in which the prime-time television slots that would carry his rallies and speeches under normal conditions are now largely dedicated to subjects other than the 2020 presidential campaign. Making matters worse for Biden, President Trump dominates each evening with his coronavirus task force briefings, which mostly are carried live by cable and can have the feel of a daily campaign rally. That has left Biden with little choice but to spread his message around – bracketing the president by offering himself to local newscasts in battleground states that run his interviews. Biden’s appearances aim at groups of voters that he must attract to win in November, including suburbanites, younger voters, and nonwhite voters.

City Leaders to Trump: Help us fight the coronavirus by paying your bill
Center for Public Integrity – Dave Leventhal | Published: 4/16/2020

Fourteen municipal governments want President Trump’s campaign committee to clear a combined $1.82 million worth of public safety-related debt connected to Trump’s “Make America Great Again” campaign rallies. Cities are girding for a coronavirus-induced financial disaster, with a new study indicating more than 2,100 U.S. cities are anticipating significant budget shortfalls and widespread cuts to local government programs and staff. These cuts are likely to fall hardest on low-income residents, people of color, the homeless, and the disabled, who are suffering disproportionately from the pandemic. “… During this [Covid-19] crisis, that loss is even more pronounced – $150,000, for instance, could pay for emergency rental assistance for 100 Minneapolis families,” said Minneapolis Mayor Jacob Frey.

Cory Gardner Attended Pricey Champagne Party in Palm Beach. A Colorado Lawmaker Wants an Investigation.
Denver Post – Jason Wingerter | Published: 4/19/2020

A February party in Palm Beach, whose gust list included U.S. Sen. Cory Gardner of Colorado, was put on by Krug Champagne, a French company owned by a multinational conglomerate of luxury brands called LVMH. For the past 20 years, LVMH has lobbied the Senate on a range of issues related to its brands, such as Louis Vuitton, Hennessy, and Krug Champagne. State Sen. Tom Sullivan says Gardner’s appearance at the party is an ethics violation. Sullivan claimed in a complaint to the Senate Ethics Committee that Gardner violated a ban on gifts of more than $50, as well as a ban on gifts from companies that hire lobbyists.

Donna Shalala, Lone Democrat Overseeing $500B Virus Fund, Didn’t Disclose 2019 Stock Sales
Tampa Bay Times – Alex Daugherty | Published: 4/22/2020

Rep. Donna Shalala, the lone U.S. House Democrat on the committee set up to oversee $500 billion in taxpayer money being used for coronavirus-related payouts to large businesses, violated federal law when she failed to disclose stock sales while serving in Congress. Shalala said she sold a variety of stocks throughout 2019 to eliminate any potential conflicts-of-interest after she was elected to Congress in November 2018. But the transactions were not publicly reported as required by the STOCK Act, which prohibits members of Congress and their employees from using private information gleaned from their official positions for personal benefit and requires them to report stock sales and purchases within 45 days. Shalala’s office said the she and her financial adviser made a mistake.

Ethics Guidance on Coronavirus Relief Package: Lawmakers may be able to apply for some loans
Roll Call – Chris Marquette | Published: 4/21/2020

The U.S. House ethics committee is recommending that lawmakers and their families exercise “caution” before applying for economic relief through the massive relief packages passed into law to quell the financial ruin caused by the coronavirus pandemic. Companies in which members of Congress or family members, such as a spouse or child own at least 20 percent equity interest cannot get any loans or other investments from the pool of funds to be disbursed by Treasury Secretary Steven Mnuchin. But those conflict-of-interest prohibitions do not apply to other components of the law, including the Paycheck Protection Program.

House Democrats Retreat on Remote Voting as Republicans Clamor to Reopen
New York Times – Catie Edmonson and Emily Cochrane | Published: 4/22/2020

Democratic leaders backed away from a plan to change the rules of the U.S. House to allow lawmakers to cast votes remotely for the first time in history, after Republicans who are clamoring to reopen Congress registered their opposition. Speaker Nancy Pelosi said the House would no longer vote on a proposal to allow members to designate another lawmaker to cast votes for them by proxy. Instead, she said she and Minority Leader Kevin McCarthy would have a bipartisan group of lawmakers consider remote voting proposals and plans to reopen the House.

K Street Is Booming. But There’s a Creeping Sense of Dread.
Politico – Theodoric Meyer and Elena Schneider | Published: 4/19/2020

Business is booming on K Street due to the $2.2 trillion coronavirus relief bill, but lobbyists are also dreading what might be on the horizon if the economy slumps into a protracted recession, according to interviews with more than a dozen lobbyists. Several privately expressed worry that business could dry up if the companies with falling revenue move to cut expenses. Some lobbying firms could even go under. But for now, the chaos has been unmistakably good for business. Hospitals, casinos, Indian tribes, pharmaceutical interests, and private equity firms have all hired lobbyists for help, along with companies from 3M to Ticketmaster to Six Flags. with companies from 3M to Ticketmaster to Six Flags.

Matt Gaetz Rents Office Space from Longtime Friend and Donor – at Taxpayer Expense
Politico – Jake Sherman and John Bresnahan | Published: 4/17/2020

U.S. Rep. Matt Gaetz has spent nearly $200,000 in taxpayer funds renting an office from a longtime friend, adviser, campaign donor, and legal client. Both men said Gaetz paid below market rent for the space, although Gaetz later shifted, saying the rent was “at or below market rate.” House rules explicitly state such arrangements are not allowed. The agreement between Gaetz and Collier Merrill highlights how a decades-long relationship can become intertwined with a lawmaker’s congressional duties. On top of being Merrill’s tenant, Gaetz attended fundraisers at Merrill’s restaurants and sought his counsel on policy matters.

Shell Companies Hide Trump Campaign’s Financial Dealings as Super PAC Coordination Rules Kick In
Center for Responsive Politics – Anna Massoglia | Published: 4/17/2020

President Trump’s official super PAC, America First Action, recently unveiled its first independent expenditures in the 2020 presidential election attacking presumptive Democratic nominee Joe Biden on his response to the coronavirus pandemic. But critical information about financial dealings of Trump’s re-election campaign remains hidden by shell companies, obscuring details critical to determine if the campaign is coordinating with his official super PAC. The FEC considers shared vendors when determining if communications constitute illegal coordination between a campaign and an outside group supporting it. The Trump campaign’s disclosure of payments through shell companies keeps the identities of sub-vendors it might share with its super PAC hidden.

Small Business Rescue Cash Isn’t for Lobbyists, Judge Rules
Washington Post – Erik Larson (Bloomberg) | Published: 4/23/2020

Political consulting and lobbying firms were rebuffed in an effort to tap coronavirus rescue money, as a federal judge ruled the funds for small businesses are essentially subsidies that lobbyists cannot receive from the government. The firms cannot tap Paycheck Protection Program loans disbursed by the Small Business Administration because a decades-old regulation bars the agency from subsidizing political speech, U.S. District Court Judge Royce Lamberth said.

The Quiet Hand of Conservative Groups in the Anti-Lockdown Protests
MSN – Kenneth Vogel, Jim Rutenberg, and Lisa Lerer (New York Times) | Published: 4/21/2020

Among those fighting the state and local orders intended to stop the spread of the coronavirus are FreedomWorks and Tea Party Patriots. Also involved are a law firm led partly by former Trump White House officials, a network of state-based conservative policy groups, and a coalition of conservative leaders known as Save Our Country that has advised the White House on strategies for a tiered reopening of the economy. The fight has emerged as a galvanizing cause for a vocal element of President Trump’s base and others on the political right. Organizers see it as unifying social conservatives, who view the orders as targeting religious groups; fiscal conservatives who chafe at the economic devastation wrought by the restrictions on businesses; and civil libertarians who contend the restrictions infringe on constitutional rights.

Trips to Ski Slopes, Beaches and Golf Courses Popular with House Leadership PACs
Roll Call – Chris Marquette | Published: 4/20/2020

U.S. Rep. K. Michael Conaway has spent $285,000 since 2011 from his leadership PAC, Conservative Opportunities for a New America PAC, on things such as golf, spring training tickets and meals in Florida, and stays at the Condado Vanderbilt Hotel in San Juan, Puerto Rico. Conaway is not alone in using leadership PAC money for luxuries that ethics experts consider questionable. Added together, he and six House colleagues spent nearly $800,000 over the past 11 years on elaborate expenditures. Ski trips to mountain resorts were popular. So were fishing, golf, whitewater rafting, and plenty of food and drink.

Trump Interior Official Helped Clear Way for Payments to Ex-Employer
Politico – Adam Cancryn | Published: 4/16/2020

An Interior Department official is under fire over her role in securing access to billions of dollars in coronavirus aid for a handful of wealthy Alaska corporations, including one that previously employed her as a lobbyist and top executive. Assistant Secretary for Indian Affairs Tara Sweeney is among a group of Interior officials advising the Treasury Department on how to distribute $8 billion in rescue funding Congress earmarked for Native American tribes, an allocation that some lawmakers now say they intended solely for the 574 federally recognized tribes hit hard by the economic shutdown. But the Trump administration indicated it also plans to include more than 200 for-profit Alaska Native corporations among the eligible recipients.

Trump Team’s Use of Big Insurer to Dispense Recovery Funds Comes Under Scrutiny
Politico – Maggie Severns and Daniel Lippman | Published: 4/18/2020

A senior economist for the White House Council of Economic Advisers, whose nomination to a post overseeing health insurance floundered in the wake of revelations of his financial ties to UnitedHealth Group, is now playing a key role overseeing a $30 billion recovery program being administered by UnitedHealth. The choice of UnitedHealth, a leading health insurer, to serve as a conduit in funneling billions of dollars to hospitals and other providers, surprised many in health care, including employees at the Department of Health and Human Services who had assumed their department would administer the program itself. Though UnitedHealth says it will make no profit off of the deal, its role in handing the money to hospitals could boost its relationships with the White House and the public during a tumultuous year and possibly provide it with valuable health care data, experts say.

Trump-Backed Online Donor Platform Launches at State Level Ahead of Redistricting
Politico – Scott Bland | Published: 4/17/2020

The GOP online donation platform endorsed by President Trump is opening up to state legislative candidates and others outside federal office, hoping to drive a financial boost for Republicans in the states ahead of the 2020 elections and next year’s redistricting. WinRed, which launched last year, is partnering with the Republican State Leadership Committee to make the platform available to state-level candidates, another step in the group’s drive to get the entire Republican Party using one system for digital fundraising. While the presidential race will command the most attention in 2020, this election is also particularly consequential because state Legislatures will play a key role in the decennial redistricting process that starts next year, with the potential in some states to enact maps that favor one party for the next decade.

From the States and Municipalities

California – Here’s Why L.A. County Plans In-Person Voting During Coronavirus Crisis While Riverside, Orange Went All-Mail
Los Angeles Daily News – Ryan Carter | Published: 4/22/2020

On May 12, Los Angeles County voters will decide who replaces former U.S. Rep. Katie Hill for her remaining term in Congress. Despite countywide “stay at home” orders spurred by the coronavirus outbreak, nine polling places will be available for residents to register and cast their ballots in person. Meanwhile, Riverside County plans its own May 12 special election in the 28th Senate District, but it will be mail-only with no in-person balloting. Orange County will stage a May 19 city council recall election in Santa Ana by mail only. In Los Angeles County, elections officials say it is one of 15 counties in California mandated under the Voter’s Choice Act to offer early-voting options by mail and by polling place. Those options include enabling voters to cast ballots in person at the voting center of their choice.

California – San Diego Mayor’s Nonprofit a Prime Beneficiary of Political Donors’ Largesse
San Diego Union Tribune – Jeff McDonald | Published: 4/19/2020

San Diego Mayor Kevin Faulconer solicited $35,000 in so-called behested payments so far this year for One San Diego, the tax-exempt organization he set up after he was elected mayor in 2014. In total he has raised more than $3 million in donations, with $1.6 million earmarked for One San Diego. State law requires they be disclosed so the public can see who is donating money to a public official’s favored cause. Many of the contributions have been made by people and companies with direct business interests before the city. Lani Lutar, a registered lobbyist who regularly meets with the mayor’s senior aides on behalf of her clients, has served as the One San Diego board chairperson for several years.

Connecticut – Connecticut Presidential Primary Pushed Back Two More Months to Aug. 11 Due to Coronavirus Concerns
Hartford Courant – Christopher Keating | Published: 4/17/2020

In a second delay caused by the coronavirus pandemic, Connecticut’s presidential primary will be pushed back to August 11. Gov. Ned Lamont made the announcement that he was acting in concert with Secretary of the State Denise Merrill to postpone the date by an additional two months. The state has already set aside August 11 as the day for Republican and Democratic primaries for Congress, state Legislature, and local offices. As a result, towns will save money by opening polling places once, instead of twice. Since local conventions have not yet been held, the candidates for those primaries will not be settled until the coming weeks and months.

Illinois – Mayor Lori Lightfoot Introduces Plan to Change Chicago’s City Ethics Rules, Again Allowing Some Elected Officials to Lobby City Government
Chicago Tribune – John Byrne | Published: 4/22/2020

Chicago Mayor Lori Lightfoot introduced a proposal to weaken rules against elected officials lobbying the city that was passed last year. Lightfoot’s amendment to the lobbying ordinance would allow elected officials from outside Chicago to lobby the city council, the mayor’s office, and other city government offices, as long as the public body they represent does not have pending or recurring legislative or contractual matters involving Chicago. That change would partially walk back the stricter standards the council passed following an impassioned debate in December, which barred all elected officials in Illinois from lobbying the city.

Louisiana – Louisiana’s Presidential Primary, Local Elections to Be Delayed Again Amid Coronavirus Pandemic
New Orleans Advocate – Sam Karlin | Published: 4/14/2020

Louisiana’s presidential primary and other local elections have been delayed again until late summer as state leaders offer up a plan that includes expanded access to early voting and mail-in ballots but is expected to still feature in-person voting for most people. Secretary of State Kyle Ardoin and Gov. John Bel Edwards agreed to delay the presidential primary election originally set for April 4th until July 11th to give Ardoin’s office more time to prepare. The subsequent general election for some local races was delayed until August 15th.

Michigan – Brenda Jones Took Illegal Campaign Cash from Donors Doing Business with the City of Detroit
The Intercept – Matthew Cunningham-Cook | Published: 4/21/2020

Detroit City Council President Brenda Jones accepted campaign contributions that violate Michigan’s “pay-to-play rules, according to a review of campaign finance records and interviews with ethics experts. During her 2017 bid for reelection to city council, Jones accepted $5,500 in campaign contributions from then-First Independence Bank Chief Executive Officer Barry Clay, and an additional $4,000 in political donations from First Independence Bank board member Douglas Diggs. The donations occurred as First Independence had a contract with the Detroit police and fire pension fund, of which Jones, as president of the council, is a trustee. First Independence runs a loan program for the pension fund.

Michigan – Michigan Cancels Contract with Two Democratic-Linked Firms That Had Been Tapped to Track Coronavirus
Connecticut Post – Matt Viser and Josh Dawsey (Washington Post) | Published: 4/21/2020

Gov. Gretchen Whitmer’s administration canceled a no-bid contract to help track the spread of the coronavirus in Michigan, a day after announcing the hiring of a state Democratic consultant and a national firm that has worked for prominent Democratic causes. The reversal comes amid complaints the governor tapped politically connected firms to collect health data on state residents and monitor sensitive medical information. The episode illustrates the political and ethical pitfalls involved in the large amounts of money suddenly being spent across the country to curb the pandemic and boost the economy. Companies receiving aid and contracts have been criticized in recent weeks for ties to one party or the other, and Democrats and Republicans have wrangled over the best way to oversee the process.

New Mexico – Ex-Rio Arriba Official Faces Allegations
Albuquerque Journal – Edmund Carrillo | Published: 4/19/2020

Former Rio Arriba County Commissioner Barney Trujillo made over $100,000 from three contracts with Española Public Schools, yet did so without the proper business licenses, the New Mexico Attorney General’s Office says. As a contract holder with the school district, he also never disclosed he contributed to the campaigns of two school board members, which is a violation of governmental conduct laws, according to the attorney general’s office. Trujillo faces three counts of unlawful interest in a public contract and one count of failing to disclose campaign contributions. He could face up to six years in prison.

North Carolina – Voting Rights Advocates File Lawsuit Over Allegedly Insecure North Carolina Voting Machines
The Hill – Maggie Miller | Published: 4/15/2020

A group of voting rights advocates filed a lawsuit alleging that voting machines used in almost two dozen North Carolina counties are not secure and could lead to voter disenfranchisement in the midst of the COVID-19 pandemic. The lawsuit alleges the use of the ExpressVote XL voting machine violates the constitutional right of individuals in the state to free and fair elections and has cyber vulnerabilities that could lead to election interference. The machines involve the voter inputting their choices digitally, with the machine then printing out a paper sheet with a barcode embedded with the voter’s choices. The voting rights advocates point to this system as making it impossible for the average voter to ensure their vote was not changed and was accurate.

Ohio – Appeals Court Entertains Arguments on Whether Jimmy Dimora Should Receive New Trial
Cleveland Plain Dealer – Eric Heisig | Published: 4/16/2020

Federal appeals court judges grilled a prosecutor and a defense lawyer on whether former Cuyahoga County Commissioner Jimmy Dimora should get another chance to prove his innocence. Dimora has argued that errors in the instructions a judge gave to the jury that convicted him in 2012, as well as the judge’s decision to disallow the former commissioner to present his Ohio ethics reports, means he should get a new trial. Dimora is serving a 28-year prison sentence for corruption-related convictions.

Oregon – Portland Mayor Ted Wheeler Violated Campaign Finance Disclosure Rules, City Elections Official Says
Portland Oregonian – Everton Bailey Jr. | Published: 4/21/2020

Portland Mayor Ted Wheeler broke new city election rules by not properly disclosing his largest campaign contributors on his reelection website or two campaign social media accounts, the city auditor’s office ruled. Rules that took effect with this election cycle require candidates to prominently list the top five donors who have given more than $1,000 on campaign communications, said Elections Officer Deborah Scroggin. Wheeler announces “Paid for by Friends of Ted Wheeler” on his campaign website, but the top contributors are not identified there or on his re-election Facebook page or Twitter account.

Texas – More Than Half of Gov. Greg Abbott’s Coronavirus Panel on Reopening Texas Are Campaign Donors
Dallas Morning News – Allie Morris, Ariana Giorgi, and Robert Garrett | Published: 4/18/2020

Gov. Greg Abbott named 39 prominent Texans, most business and industry leaders, to a panel that will help guide a reopening of the state’s economy after the coronavirus. Many of them are also campaign donors. Thirty-one of the counci’’s 39 members have contributed to Abbott’s past runs for governor and attorney general, and since 2015, 25 have given Abbott’s gubernatorial campaign at least $5.8 million combined. The choices are drawing fire from government-transparency advocates, union officials, and Democratic leaders who fear that public health could be subordinated to profit motives as tough judgment calls are made in the coming weeks and months about easing isolation edicts.

Texas – Top Travis County Official Returns $5,000 After Campaign Ethics Violation
Austin American-Statesman – Ryan Autullo | Published: 4/16/2020

State Senate candidate Sarah Eckhardt, the acting county judge in Travis County, acknowledged accepting political contributions in violation of finance law. Candidates in statewide races are prohibited by the Texas Ethics Commission from knowingly accepting a contribution at a time when a campaign treasurer is not in place. The person who filed the complaint is University of Texas student Blake Beatty, who said he discovered Eckhardt’s impermissible fundraising, because “I’ve had a lot of free time on my hands during the quarantine.”

Washington – Justices: $18M campaign finance penalty to be reconsidered
AP News – Gene Johnson | Published: 4/16/2020

A record fine levied against the Grocery Manufacturers Association for concealing the identities of the food and beverage companies that spent $11 million to defeat a GMO-labeling initiative in 2013 was upheld by the Washington Supreme Court. In a five-to-four decision, justices overruled an appeals court and reinstated an $18 million fine against the trade group, now known as the Consumer Brands Association. The decision does not fully settle whether the penalty will stand. The court did not rule on whether the penalty violates the Eighth Amendment’s prohibition on excessive punishment. The justices sent the case back to the appeals court to “scrutinize carefully” whether the fine is constitutional.

Wisconsin – After Losing Election, State Supreme Court Justice Daniel Kelly Signals He Will Participate in Voter Rolls Case
Milwaukee Journal Sentinel – Patrick Marley | Published: 4/16/2020

Days after learning he was losing his seat on the state Supreme Court, Justice Daniel Kelly signaled he would participate in a case over who should remain on Wisconsin’s voter rolls after earlier stepping away from the lawsuit. The case is expected to determine whether tens of thousands of voters who are suspected of having moved can stay on the state’s voter rolls. Kelly issued a court order saying it appears he no longer has a conflict in the case. He asked those involved in the case to file briefs on what they think he should do before he makes a final decision. Kelly had stayed away from the case because it could have affected who was a registered voter for the April 7 election, when he was on the ballot.

Wisconsin – At Least Seven in Wisconsin Contract Coronavirus During Voting
MSN – Nick Corasaniti and Reid Epstein (New York Times) | Published: 4/21/2020

Milwaukee health officials said they had identified at least seven people who contracted the coronavirus from participating in Election Day on April 7, which was held despite a stay-at-home order issued throughout the state. The officials say the number may be higher as they are still conducting testing. Other cities have not reported any cases tied to voting yet. The Wisconsin Department of Health Services said it would also be studying any voters or election workers who contracted the virus from voting.

Wisconsin – Vote by Mail in Wisconsin Helped a Liberal Candidate, Upending Old Theories
New York Times – Reid Epstein | Published: 4/21/2020

The liberal candidate in the April 7 Wisconsin Supreme Court race prevailed in voting by mail by a significant margin, upending years of study showing little advantage to either party when a state transitions from in-person to mail voting. The gap suggests Democrats were more organized and proactive in their vote-by-mail efforts in an election conducted under extraordinary circumstances, with voters forced to weigh the health risks of voting in person against the sometimes unreliable option of requesting and mailing in their ballots. Still, it is likely to add to the skepticism President Trump and Republicans have expressed bout mail voting, which they worry would increase Democratic turnout at Republicans’ expense.

Campaign Finance

Oregon: “Portland Mayor Ted Wheeler Violated Campaign Finance Disclosure Rules, City Elections Official Says” by Everton Bailey Jr. for Portland Oregonian

Elections

Wisconsin: “Vote by Mail in Wisconsin Helped a Liberal Candidate, Upending Old Theories” by Reid Epstein for New York Times

Ethics

National: “The Quiet Hand of Conservative Groups in the Anti-Lockdown Protests” by Kenneth Vogel, Jim Rutenberg, and Lisa Lerer (New York Times) for MSN

National: “Ethics Guidance on Coronavirus Relief Package: Lawmakers may be able to apply for some loans” by Chris Marquette for Roll Call

National: “Donna Shalala, Lone Democrat Overseeing $500B Virus Fund, Didn’t Disclose 2019 Stock Sales” by Alex Daugherty for Tampa Bay Times

Michigan: “Michigan Cancels Contract with Two Democratic-Linked Firms That Had Been Tapped to Track Coronavirus” by Matt Viser and Josh Dawsey (Washington Post) for Connecticut Post

Lobbying

National: “Cory Gardner Attended Pricey Champagne Party in Palm Beach. A Colorado Lawmaker Wants an Investigation.” by Jason Wingerter for Denver Post

National: “Small Business Rescue Cash Isn’t for Lobbyists, Judge Rules” by Erik Larson (Bloomberg) for Washington Post

Illinois: “Mayor Lori Lightfoot Introduces Plan to Change Chicago’s City Ethics Rules, Again Allowing Some Elected Officials to Lobby City Government” by John Byrne for Chicago Tribune

Campaign Finance

National: “Trump-Backed Online Donor Platform Launches at State Level Ahead of Redistricting” by Scott Bland for Politico

California: “San Diego Mayor’s Nonprofit a Prime Beneficiary of Political Donors’ Largesse” by Jeff McDonald for San Diego Union Tribune

Elections

Wisconsin: “At Least Seven in Wisconsin Contract Coronavirus During Voting” by Nick Corasaniti and Reid Epstein (New York Times) for MSN

Ethics

National: “Trump Team’s Use of Big Insurer to Dispense Recovery Funds Comes Under Scrutiny” by Maggie Severns and Daniel Lippman for Politico

New Mexico: “Ex-Rio Arriba Official Faces Allegations” by Edmund Carrillo for Albuquerque Journal

Texas: “More Than Half of Gov. Greg Abbott’s Coronavirus Panel on Reopening Texas Are Campaign Donors” by Allie Morris, Ariana Giorgi, and Robert Garrett for Dallas Morning News

Legislative Issues

National: “‘All of It Is Happening All at Once’: When Congress works from home” by Nicholas Fandos and Sheryl Gay Stolberg for New York Times