National/Federal

Beltway ‘Inundated’ with Fundraisers as Deadline Nears
Roll Call – Kate Ackley | Published: 6/25/2019

The subject line of a recent email solicitation from U.S. Rep. Elissa Slotkin’s campaign captures the upcoming fundraising scene in Washington perfectly: “You’re about to be inundated. Sorry in advance.” With the second quarter fundraising deadline looming, lawmakers are sounding the alarms for their donors – making pleas to far-flung, small-dollar givers online and reliable contributors from K Street’s lobbying community to help them boost their numbers. Even though lawmakers and their challengers still have 17 months before the 2020 elections, the second quarter of this year can be pivotal for incumbents looking to scare away potential opponents in primaries or even the general election with impressive cash-in-hand totals.

Biden’s Ties to Segregationist Senator Spark Campaign Tension
Boston Globe – Matt Viser and Annie Linskey (Washington Post) | Published: 6/20/2019

When Joe Biden was a freshman in the U.S. Senate, he reached out to an older colleague for help on one of his early legislative proposals: the courts were ordering racially segregated school districts to bus children to create more integrated classrooms, a practice Biden opposed and wanted to change. The recipient of Biden’s entreaty was Sen. James Eastland, at the time a well-known segregationist who had called blacks “an inferior race” and once vowed to prevent blacks and whites from eating together in Washington. The exchange, revealed in a series of letters, offers a new glimpse into an old relationship that erupted as a major controversy for Biden’s presidential campaign.

Candidates Hunt Desperately for Viral Moments
MSN – Amy Wang (Washington Post) | Published: 6/24/2019

As the crowded field of Democratic candidates jostle for the presidential nomination, the hunt for elusive breakout opportunities is increasingly urgent. But while viral moments are presented as spontaneous – and uniquely revealing about the candidates — the process can be anything but random, and the campaigns are devoting significant resources to spotting, cultivating, and publicizing them. Or in some cases, creating them outright. A good viral moment can help a candidate stand out in the sprawling field. A great one can telegraph positive qualities – humor, intelligence, compassion – in ways that reverberate far beyond the reach of a coffee shop in New Hampshire. In the best-case scenario, a single episode pushes interested voters over the fence to become full-fledged supporters.

Claiming to Be Cherokee, Contractors with White Ancestry Got $300 Million
Los Angeles Times – Adam Elmahrek and Paul Pringle | Published: 6/26/2019

An investigation by The Los Angeles Times demonstrates a failure in the efforts to help disadvantaged Americans by steering municipal, state, and federal contracts to qualified minority-owned companies. Since 2000, the federal government and authorities in 18 states have awarded more than $300 million under minority contracting programs to companies whose owners made unsubstantiated claims of being Native American. The vetting process for Native American applicants appears weak in many cases, government records show, and officials often accept flimsy documentation or unverified claims of discrimination based on ethnicity. The process is often opaque, with little independent oversight.

Duncan Hunter Had Affairs with Women He Worked With, Including His Own Aide
Roll Call – Katherine Tully-McManus | Published: 6/25/2019

U.S. Rep. Duncan Hunter illegally used campaign donations to finance extramarital romantic relationships with women he worked alongside, including one of his own aides, according to federal prosecutors. Hunter pursued five “intimate relationships” in total, and tapped donor funds to finance his liaisons, including ski trips, nights out in Washington, D.C., and Uber rides between his office to their homes. Government attorneys argued information about the relationships should be heard during the trial because they are central to his case, not “prurient.” Hunter’s infidelities have been alluded to in public court documents before, but the affairs were only described as “personal relationships.” Hunter faces trial in September for allegedly using his campaign committee as a personal bank account.

EPA’s Top Air Policy Official Steps Down Amid Scrutiny Over Possible Ethics Violations
Brainard Dispatch – Juliet Eilperin and Brady Dennis (Washington Post) | Published: 6/26/2019

Bill Wehrum spent only a year and a half as the Environmental Protection Agency’s (EPA) top air official before announcing plans to resign amid scrutiny over possible violations of federal ethics rules. EPA Administrator Andrew Wheeler did not cite a specific reason for the departure of Wehrum, who as an attorney represented power companies seeking to scale back air pollution rules. But Wehrum has privately expressed concern about how an ongoing House Energy and Commerce Committee probe was affecting his former law firm, Hunton Andrews Kurth. The committee launched an inquiry of Wehrum after it was reported that questions had been raised about his compliance with President Trump’s ethics pledge, which requires political appointees to recuse themselves from specific matters involving their former employers and clients for two years.

FEC Fines Florida-Based Company for Illegal Contribution to Support Rick Scott’s 2018 Campaign
Roll Call – Stephanie Aiken | Published: 6/25/2019

The FEC fined a Florida company for making an illegal campaign contribution to support Rick Scott’s 2018 campaign for the U.S, Senate. The $9,500 fine levied against Ring Power Corp., which sells and leases industrial machinery, represents a rare penalty for a company found to have violated a 75-year-old ban on campaign contributions from federal contractors. Ring Power has received federal contracts and grants since 2007. The New Republican PAC, a Super PAC supporting Scott’s campaign, returned the $50,000 contribution in August, shortly after the Campaign Legal Center filed a complaint.

GOP to Launch New Fundraising Site as Dems Crush the Online Money Game
Politico – Alex Isenstadt | Published: 6/23/2019

Republicans are set to launch a long-awaited, much-delayed online fundraising platform, a move aimed at closing Democrats’ small-donor money advantage ahead of the 2020 election.  WinRed is being billed as the GOP’s answer to the Democratic Party’s ActBlue, which has already amassed over &174 million this year. The new tool is intended to reshape the GOP’s fundraising apparatus by creating a centralized, one-stop shop for online Republican giving, which the party has lacked to this point. Republicans until now have had a factionalized ecosystem of vendors that stymied efforts to unify behind a single fundraising vehicle.

Judge: Democrats’ emoluments case against Trump can proceed
San Jose Mercury News – Ann Marimow, Jonathan O’Connell, and Carol Leonnig (Washington Post) | Published: 6/25/2019

Rejecting a request from President Trump, a federal judge cleared the way for nearly 200 Democrats in Congress to continue their lawsuit against him alleging his private business violates an anti-corruption provision of the Constitution. U.S. District Court Judge Emmet Sullivan declined to put the case on hold and said lawmakers could begin seeking financial information, interviews, and other records from the Trump Organization. The administration still can try to delay or block Democrats in Congress from issuing subpoenas for the president’s closely held business information by appealing directly to the U.S. Court of Appeals for the District of Columbia Circuit to intervene.

Mueller to Testify to Congress, Setting Up a Political Spectacle
New York Times – Nicholas Fandos | Published: 6/25/2019

Former special counsel Robert Mueller will testify to Congress in open session on July 17 after being subpoenaed by two committees. Coming nearly three months after the release of his report on Russia’s election interference and possible obstruction of justice by President Trump, Mueller’s testimony has the power to potentially reshape the political landscape around Trump’s re-election campaign and a possible impeachment inquiry by the House. The question is what Mueller will be willing to say. He conducted his work in absolute private, despite incessant attacks by Trump in public and from within the White House, and ultimately issued a lengthy report that raised as many questions as it answered.

Supreme Court Leaves Census Question on Citizenship in Doubt
MSN – Adam Liptak (New York Times) | Published: 6/27/2019

The U.S. Supreme Court sent back to a lower court a case on whether the census should contain a citizenship question, leaving in doubt whether the question would be on the 2020 census. Chief Justice John Roberts, writing for the majority, said the explanation offered by the Trump administration for adding the question – asking whether a person is a citizen – was inadequate. But he left open the possibility that it could provide an adequate answer. Government experts predicted that asking the question would cause many immigrants to refuse to participate in the census, leading to an undercount of about 6.5 million people. That could reduce Democratic representation when congressional districts are allocated in 2021 and affect how hundreds of billions of dollars in federal spending are distributed.

Supreme Court Says Federal Courts Don’t Have a Role in Deciding Partisan Gerrymandering Claims
MSN – Robert Barnes (Washington Post) | Published: 6/27/2019

The U.S. Supreme Court ruled federal courts have no role to play in the dispute over the practice known as partisan gerrymandering, dealing a blow to efforts to combat the drawing of electoral districts for partisan gain. The court rejected challenges to Republican-drawn congressional districts in North Carolina and a Democratic district in Maryland. Voters and elected officials should be the arbiters of what is essentially a political dispute, Chief Justice John Roberts said in his opinion for the court. The ruling puts a stop to recent decisions by federal courts across the country that have found extreme partisan gerrymandering went so far as to violate the constitutional rights of voters.

Walmart to Pay $282 Million Over Foreign Corruption Charges
AP News – Matthew Barakat | Published: 6/20/2019

Walmart agreed to pay $282 million to settle federal allegations of overseas corruption, including funneling more than $500,000 to an intermediary in Brazil who was known as a “sorceress” for her uncanny ability to make construction permit problems disappear. U.S. authorities went after Walmart under the Foreign Corrupt Practices Act, which prohibits American companies operating abroad from using bribery and other illegal methods. The company settled both civil charges brought by the Securities and Exchange Commission and a criminal case by federal prosecutors in Virginia. It said the two settlements close the books on federal investigations that sand have collectively cost the company more than $900 million.

When Trump Visits His Clubs, Government Agencies and Republicans Pay to Be Where He Is
MSN – David Fahrenthold, Josh Dawsey, Jonathan O’Connell, and Michelle Ye Hee Lee (Washington Post) | Published: 6/20/2019

Since taking office, President Trump has faced pushback about his official visits to his properties from some of his aides, including inside the White House counsel’s office. They worried about the appearance that he was using the power of the presidency to direct taxpayer money into his own pockets, but Trump has rebuffed such warnings. In all, his scores of trips have brought his private businesses at least $1.6 million in revenue, from federal officials and Republican campaigns who pay to go where Trump goes. Campaign finance records show several GOP groups paying to hold events where Trump spoke. Republican fundraisers say they do that, in part, to increase the chances Trump will attend. It has also reshaped the spending habits of the federal government, turning the president into a vendor.

Canada

Canada – Lobbying Watchdog Says Glitch in System Skewed Volume of Registrations
Hill Times – Beatrice Paez | Published: 6/26/2019

Canadian Prime Minister Justin Trudeau’s tenure in office has undoubtedly brought a surge in lobbying activity, but a glitch in the registry’s system resulted in an overrepresentation of the number of lobbyists actively registered, Lobbying Commissioner Nancy Bélanger said. “During the past year, we realized that the numbers recorded in last year’s [report] included lobbyists whose registrations were no longer active,” Bélanger said. Still, the office has seen a steady uptick in the volume of communication reports posted since Trudeau took office in 2015.

From the States and Municipalities

Arkansas – Former Arkansas Lawmaker Pleads Guilty in Corruption Cases
AP News – Andrew DeMillo | Published: 6/25/2019

A former Arkansas lawmaker who is Gov. Asa Hutchinson’s nephew pleaded guilty to accepting bribes and filing a false tax return. Former state Sen. Jeremy Hutchinson also agreed to plead guilty to one count of conspiracy in a separate federal case in Missouri where he has been charged with accepting bribes to help Preferred Family Healthcare. Hutchinson admitted he took more than $10,000 in campaign funds for his personal use and did not report $20,000-per-month payments he received from one law firm and other sources of income he knowingly concealed from his taxes. Hutchinson also pleaded guilty to conspiracy to commit bribery and admitted to accepting more than $150,000 from the co-owner of orthodontic clinics in exchange for efforts to change a dental practices law.

Connecticut – Connecticut’s Search for a New Ethics Watchdog
Connecticut Mirror – Mark Pazniokas | Published: 6/20/2019

The Citizens’ Ethics Advisory Board is seeking a successor to Carol Carson as executive director of the Office of State Ethics, an agency that was new and struggling to find its way when she was hired. Carson, who is retiring on August 1, is credited with returning stability and credibility to the role of ethics watchdog, enforcing the ethics code for state officials, and overseeing the lobbying industry at the Capitol. “Let’s be clear about something: there is no replacing Carol Carson,” said Dena Castricone, the board’s chairperson.

Florida – When It Comes to Holding NRA Lobbyist Marion Hammer Accountable, Florida Senate Ignores Own Rules
Florida Bulldog – Dan Christensen | Published: 6/20/2019

The Florida Senate is apparently not going to ask longtime National Rifle Association (NRA) lobbyist Marion Hammer why she has not reported income from the group for more than a decade. Sen. Perry Thurston and Rep. Anna Eskamani filed complaints demanding the Legislature investigate Hammer for failing to disclose annual lobbying payments since 2007 as required by Florida law. It has been reported that records show the NRA paid Hammer more than a $750,000 between 2014 and 2018, yet none of it appears on quarterly compensation reports. But Senate Rules Committee Chairperson Lizbeth Benacquisto sent the complaint back to the Office of Legislative Services, which operates within the Senate president’s office, for “review” and “appropriate action.”

Indiana – Council Lawyer: Mayor unlikely to appeal campaign contribution ordinance
Fort Wayne Journal Gazette – Dave Gong | Published: 6/25/2019

Fort Wayne Mayor Tom Henry’s administration is unlikely to appeal a court ruling that struck down a controversial ordinance limiting campaign contributions from city contractors, city council attorney Joe Bonahoom wrote in a memorandum to the council president. Allen Superior Court Judge Jennifer DeGroote blocked the city from enforcing the ordinance recently after Kyle and Kimberly Witwer of Witwer Construction challenged the ordinance in a lawsuit. The ordinance forbade any company from bidding on a city contract if any owner, partner, or principal who owns more than 10% of that company gave more than $2,000 to the political campaign of a person with responsibility for awarding contracts.

Maryland – Baltimore’s Budget for Ethics Enforcement: $0
Baltimore Sun – Ian Duncan | Published: 6/25/2019

In the midst of multiple investigations into former Baltimore Mayor Catherine Pugh’s financial dealings, the city did not budget any money for ethics oversight. No city staff are dedicated to enforcing ethics rules and the word “ethics” appears nowhere in the city’s 1,035-page budget proposal for the coming year. Instead, the six-member staff of the Department of Legislative Reference must spend part of their time assisting the city’s volunteer ethics board, processing disclosure forms, answering questions from city employees, and investigating complaints.

New Jersey – NJ ‘Dark Money’ Law Faces First Lawsuit Challenging Requirement to Name Secret Donors
Bergen Record; Staff –   | Published: 6/26/2019

A libertarian advocacy group filed a federal lawsuit challenging New Jersey’s newly signed “dark money” law that requires political groups to reveal their big-spending funders, legislation Gov. Phil Murphy signed despite earlier vetoing the bill and calling it “unconstitutional.” Americans for Prosperity asked a federal judge to prevent New Jersey officials from enforcing the law until the suit is decided and to declare the law unconstitutional. The law requires 501(c)(4) political nonprofits and 527 political organizations to report all funders that give more than $10,000 or spend more than $3,000. Americans for Prosperity says the law goes beyond typical campaign finance rules that cover only election-related ads. New Jersey will now also make groups report funders for ads on ballot measures, legislation, and policymaking, which grassroots groups say will prevent people from donating to them.

Oregon – Oregon Republicans Not Making Clear Whether They’ll Return to Salem, What They Want to Get Them Back
Portland Oregonian – Hillary Borrud and Mike Rogoway | Published: 6/26/2019

As the Oregon Senate Republicans’ walkout continues, there are no signs at the Capitol or elsewhere that members of the minority caucus will return soon. And publicly, they seem to be sending mixed messages about what they want if they agree to do so. Senate Republicans have drawn national attention since they fled the state to deny Democrats quorum for a vote on a bill to cap emissions. It turns out, however, that Democrats were one vote short of the 16 senators needed to pass the bill, so it would have been stopped from passage anyway.

Wyoming – A Mystery Group Has Been Pushing to Stop Gambling Regulation in Wyoming
Casper Star-Tribune – Nick Reynolds | Published: 6/25/2019

Over the past several months, a grassroots organization of obscure origin called the Wyoming Public Policy Center has been fighting to defeat gambling regulations proposed in the state Legislature, employing experienced lobbyists and anonymously authored policy papers in efforts to influence decision making. But the group was not registered with the state until after The Casper Star-Tribune began asking questions. In Wyoming, lobbyists and lobbying groups are required to register with the state. Despite that, there is little anyone can do about it: a combination of weak state laws and few mechanisms for law enforcement make it difficult to hold such groups accountable.

Last week, New jersey Gov. Phil Murphy signed legislation requiring dark money groups spending money to influence elections in New Jersey to disclose their large donors.

Senate Bill 1500, carried over from last year’s session, requires certain groups, like 501(c)(4) political nonprofits to disclose the identities of donors who give more than $10,000.

Additionally, the groups are required to report expenditures in excess of $3,000.

Gov. Murphy previously conditionally vetoed the bill.

However, the Governor signed an identical version when faced with a veto override because the bill’s sponsors agreed to tweak the legislation before it takes effect.

Since signed, the bill has faced opposition from citizen-based organizations and advocacy groups.

Those groups are arguing the new disclosure requirements will prevent people from donating to them.

On Tuesday, a federal lawsuit challenging the legislation was filed by Americans for Prosperity, a libertarian advocacy nonprofit founded by the Koch brothers.

Americans for Prosperity asked for the new law not to be enforced until the suit challenging the constitutionality of the law is decided.

New Jersey’s Election Law Enforcement Commission and Attorney General Lee Moore declined to comment on the pending legislation.

Campaign Finance

National: “FEC Fines Florida-Based Company for Illegal Contribution to Support Rick Scott’s 2018 Campaign” by Stephanie Aiken for Roll Call

Indiana: “Council Lawyer: Mayor unlikely to appeal campaign contribution ordinance” by Dave Gong for Fort Wayne Journal Gazette

Ethics

National: “Mueller to Testify to Congress, Setting Up a Political Spectacle” by Nicholas Fandos for New York Times

Arkansas: “Former Arkansas Lawmaker Pleads Guilty in Corruption Cases” by Andrew DeMillo for AP News

California: “Former L.A. Building Inspector Fined $100,000 for Double Dipping on City Project” by Dakota Smith for Los Angeles Times

South Carolina: “Denied Top State Job Amid Ethics Questions, Former SC Lawmaker Named Magistrate Instead” by Avery Wilks for The State

Lobbying

Canada: “Lobbying Watchdog Says Glitch in System Skewed Volume of Registrations” by Beatrice Paez for Hill Times

Wyoming: “A Mystery Group Has Been Pushing to Stop Gambling Regulation in Wyoming” by Nick Reynolds for Casper Star-Tribune

Campaign Finance

National: “GOP to Launch New Fundraising Site as Dems Crush the Online Money Game” by Alex Isenstadt for Politico

National: “Beltway ‘Inundated’ with Fundraisers as Deadline Nears” by Kate Ackley for Roll Call

National: “Duncan Hunter Had Affairs with Women He Worked With, Including His Own Aide” by Katherine Tully-McManus for Roll Call

Connecticut: “Tensions Continue Between CT Lawmakers, Election Watchdog” by Ken Dixon for Middletown Press

Elections

National: “Candidates Hunt Desperately for Viral Moments” by Amy Wang (Washington Post) for MSN

Ethics

National: “Judge: Democrats’ emoluments case against Trump can proceed” by Ann Maromow, Jonathan O’Connell, and Carol Leonnig (Washington Post) for San Jose Mercury News

Illinois: “Defiant Ex-Ald. Willie Cochran Given 1 Year in Prison, Accuses Prosecutors of Misconduct: ‘There’s no justice in this’” by Jason Meisner for Chicago Tribune

Maryland: “Baltimore’s Budget for Ethics Enforcement: $0” by Ian Duncan for Baltimore Sun

Washington DC: “D.C. Council Will Hire Law Firm to Investigate Jack Evans” by Fenit Nirappil for Washington Post

Campaign Finance

Colorado: “Colorado Dems Have a Plan to Shine A Light on Dark Money. Could It Work?” by Sam Brasch for Colorado Public Radio

Elections

Pennsylvania: “Voting Rights and Election Reform Are Hot Topics with Pa. Lawmakers. It’s a Moment Three Decades in the Making.” by Jonathan Lai for Philadelphia Inquirer

Utah: “Lt. Gov. Spencer Cox Will Distance Himself from Making Calls on Election Complaints in the Governor’s Race in Which He’s a Candidate” by Dan Harrie for Salt Lake Tribune

Ethics

Illinois: “Ex-Lincoln-Way Superintendent Has Amassed Nearly $600K in Pension Income Since Being Indicted, Records Show” by Zak Koeske for Chicago Tribune

Minnesota: “New Documents Revisit Questions about Rep. Ilhan Omar’s Marriage History” by J. Patrick Coolican and Stephen Montemayor for Mineapolis Star Tribune

Legislative Issues

New York: “A Profound Democratic Shift in New York: ‘We seized the moment’” by Vivian Wang and Jesse McKinley for New York Times

Lobbying

Connecticut: “Life Gets Harder Minus Gavel for Brendan Sharkey, the House Speaker-Turned-Lobbyist Who Sued Dissatisfied Client That Fired Him” by Jon Lender for Hartford Courant

Florida: “When It Comes to Holding NRA Lobbyist Marion Hammer Accountable, Florida Senate Ignores Own Rules” by Dan Christensen for Florida Bulldog

The New York State Legislature adjourned on June 21.

During the legislative session lawmakers passed a bill closing a limited liability company loophole regarding contribution limits.

The bill limits annual political spending by an LLC to $5,000, the same limit as corporations.

The Legislature also passed election reforms relating to early voting, creating a unified June primary for federal and local elections, and upgrading election technology.

The 129th Legislature adjourned sine die just after 6:45 a.m. on June 20 after six months in session.

During the session, Gov. Janet Mills signed amendments to the Maine Clean Election Act, clarifying disclosure requirements for political communications.

Legislative Document 1721 provides automated, pre-recorded telephone calls and scripted live telephone communications that name a clearly identified candidate must clearly state the name of the person who made or financed the expenditure for the communication and whether the communication was authorized by a candidate.

Disclosure must be made during the 28 days, including election day, before a primary election or the 35 days, including election day, before a special election or between Labor Day and the date of a general election.

The bill further provides whenever a person makes an expenditure exceeding $500 expressly advocating through prerecorded automated telephone calls or scripted live telephone calls for or against an initiative or referendum appearing on a ballot, the telephone calls must clearly state only the name of the person who made or financed the expenditure for the communication.

The amendments will take effect on September 19, 2019.

Campaign Finance

New York: “Council Hears Campaign Finance Bills to Enhance Low-Dollar Impact, Limit Criminals, Curb Conflicts” by Noah Berman for Gotham Gazette

Elections

National: “Biden’s Ties to Segregationist Senator Spark Campaign Tension” by Matt Viser and Annie Linskey (Washington Post) for San Francisco Chronicle

California: “A Million Independent Voters Risk Being Irrelevant in California’s Presidential Primary” by Ben Christopher for CALmatters

Ethics

National: “When Trump Visits His Clubs, Government Agencies and Republicans Pay to Be Where He Is” by David Fahrenthold, Josh Dawsey, Jonathan O’Connell, and Michelle Ye Hee Lee (Washington Post) for MSN

Alabama: “Roy Moore Running for Senate Despite Discouragement from GOP” by Kim Chandler and Alan Fram for AP News

Connecticut: “Connecticut’s Search for a New Ethics Watchdog” by Mark Pazniokas for Connecticut Mirror

Tennessee: “House Speaker Candidate’s Christian Magic Supply Business Is Not Registered with the State” by Joel Ebert and Natalie Allison for The Tennessean

Washington DC: “Federal Agents Search Georgetown Home of D.C. Council Member Jack Evans” by Peter Jamison, Peter Hermann, Spencer Hsu, and Fenit Nirappil for Washington Post

National/Federal

A Foreigner Paid $200,000 for Tickets to Trump’s Inaugural. Now He Says He Was Duped.
MSN – Kenneth Vogel (New York Times) | Published: 6/18/2019

Pavel Fuks, a Ukrainian-Russian developer, said he paid $200,000 for VIP tickets to Donald Trump’s inauguration at the direction of Yuri Vanetik, a Republican fundraiser and sometime lobbyist. Fuks now alleges in a lawsuit that his money did not buy the promised access to Trump and other influential politicians. He never received the tickets he said he was promised to an official inaugural ball, to a dinner with incoming cabinet members, or to other exclusive events. Fuks is seeking a refund from Vanetik, plus damages. The lawsuit sheds new light on efforts to accommodate foreign politicians and business executives who sought to attend Trump’s inauguration to press their agendas, curry favor, or make influential connections with the incoming administration.

DC Circuit Rejects NY State GOP-Led Challenge to Anti-‘Pay-to-Play’ Rule
Law.com – Tom McPartland | Published: 6/18/2019

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld a “pay-to-play” rule that bars brokers from soliciting government contracts for two years after making campaign donations to public officials. The judges said the U.S. Securities and Exchange Commission (SEC) had acted within its authority. The ruling rejected a challenge by state Republican Party organizations in New York and Tennessee, who had claimed the rule was “arbitrary and capricious” and had hurt their ability to raise funds. Judge Cornelia Pillard said the SEC had provided sufficient evidence that the law was needed to combat corruption, following specific instances of quid-pro-quo arrangements between elected officials and donors who had been awarded contracts to advise public pension funds.

Democrats and Some Republicans Question Trump’s Vetting Process after Shanahan Withdrawal
Washington Post – Karoun Demirjian | Published: 6/18/2019

Senators from both parties are asking why they did not have advance notice of the domestic violence incidents in Patrick Shanahan’s family that ended his bid to become President Trump’s permanent defense secretary, calling his nomination’s collapse the latest example of shoddy White House vetting. With his withdrawal and resignation, Shanahan joins several other former candidates for prominent Cabinet and military leadership positions in the Trump administration who bowed out after compromising details came to light. There was particular consternation among some senators that Congress was not apprised of the incidents by the administration, the FBI, or Shanahan himself. As some noted, a background check would have accompanied Shanahan’s nomination in 2017 to become the deputy defense secretary.

Drugmakers’ Lawsuit Ramps Up Fight with Trump
The Hill – Nathaniel Weixel | Published: 6/18/2019

The pharmaceutical and advertising industries are taking their fight with the Trump administration over drug price disclosures to court. Three drug companies – Amgen, Merck, and Eli Lilly – and the nation’s largest advertising group announced they were suing the administration over its new policy of requiring prescription drug manufacturers to disclose list prices in television ads. The plaintiffs argue the rule violates their First Amendment rights, and the lawsuit seeks to overturn the administration’s latest effort to bring transparency to the medication pricing system. The rule is set to take effect July 9, and the industry groups are asking for it to be put on hold before that time.

Ex-Hassan Aide Sentenced to 4 Years for Doxing Senators
Politico – Josh Gerstein | Published: 6/19/2019

A former aide to U.S. Sen. Maggie Hassan was sentenced to four years in prison for hacking Senate computers and releasing personal information online about five Republican senators out of anger spurred by their roles in the confirmation hearings for Justice Brett Kavanaugh. U.S. District Court Judge Thomas Hogan said the sentence for Jackson Cosko was needed to send a signal that criminal harassment driven by political motives would be punished severely in an era marked by extreme political polarization. Cosko said he had been struggling with substance abuse and mental health issues. Hogan said he was puzzled at how Cosko kept up work in congressional offices given the cocaine, psychedelics, and alcohol he was consuming daily.

FEC Chair Makes Another Go at Regulating Online Political Ads
Center for Responsive Politics – Karl Evers-Hillstrom | Published: 6/17/2019

FEC Chairperson Ellen Weintraub is proposing rules that would require some online political ads to attach a disclaimer describing who is paying for them.  The proposed guideline, similar to measures introduced by the FEC last year, would subject paid online ads to similar disclaimer rules as print, television, and radio ads. Increasingly popular social media ads, including those engaging in electioneering communications that mention a candidate shortly before an election, are currently exempt from including disclaimers under federal law. Amid ideological deadlock, the FEC has struggled to agree on how to regulate online ads since it was revealed that Russian actors purchased Facebook ads under fake accounts to influence the 2016 election.

Federal Judge Says Census Citizenship Question Merits More Consideration in Light of New Evidence
MSN – Tara Bahrampour (Washington Post) | Published: 6/19/2019

U.S. District Court Judge George Hazel ruled that new evidence in the case of a census citizenship question merits more consideration, opening the possibility the question could come before the Supreme Court again even after it rules as expected this month. Civil rights groups who had sued the government over its addition of a citizenship question to the 2020 Census had asked Hazel to reconsider his ruling on whether the government was guilty of conspiracy and intent to discriminate after new evidence in the case emerged in May. Files discovered on hard drives belonging to a deceased Republican redistricting strategist suggested he had communicated with the Trump administration about how to get the citizenship question onto the survey and the strategist had determined that adding the question would create an electoral advantage for Republicans and non-Hispanic whites.

Federal Watchdog Agency Recommends Removal of Kellyanne Conway from Federal Office for Violating the Hatch Act
Washington Post – Michelle Ye Hee Lee, Lisa Rein, and Josh Dawsey | Published: 6/13/2019

The Office of Special Counsel recommended the removal of White House counselor Kellyanne Conway from federal office for violating the Hatch Act, which bars federal employees from found Conway violated the law on numerous occasions by “disparaging Democratic presidential candidates while speaking in her official capacity during television interviews and on social media.” The agency described her as a “repeat offender.” A senior White House official said the president is unlikely to punish Conway and instead will defend her. In an interview, Special Counsel Henry Kerner called his recommendation that a political appointee of Conway’s stature be fired “unprecedented.”

‘I Hate David and I Hate This Job’: Ex-Schweikert staffers describe unrest in ethics report
Arizona Republic – Ronald Hanson | Published: 6/12/2019

U.S. Rep. David Schweikert presided over a slipshod office operation with financial oversight so weak that his former chief of staff managed to take home improper, extra pay that violated House ethics rules for years, an investigation found. Oliver Schwab may have collected $60,000 in outside pay over three years above what House rules permitted and attended the 2015 Super Bowl with Schweikert as part of a taxpayer-paid trip that was reported as official business, the report said. There were other possible sources of income Schwab had that investigators could not examine. Apart from the alleged wrongful spending, the 424-page report paints the image of a congressional office simmering with discontent as Schweikert pondered a Senate run and as Schwab took out his frustrations with Schweikert on other staffers.

Legal Fight Tougher for Congressman as Wife Pleads Guilty
AP News – Julie Watson | Published: 6/13/2019

Indicted U.S. Rep. Duncan Hunter has held steadfast to his contention that a corruption case against him is the result of a political witch hunt. But that argument got tougher after his wife, who worked as his campaign manager, pleaded guilty to a single corruption count and acknowledged being a co-conspirator with her husband in spending more than $200,000 in campaign funds on personal expenses. Margaret Hunter accepted a plea deal that calls for 59 charges to be dismissed in exchange for her testimony, full cooperation with prosecutors, and other concessions. The conspiracy charge to which she pleaded includes all the allegations contained in the 60-count indictment.

Supreme Court Rules in Case Watched for Impact on Trump Pardons
Politico – Josh Gerstein and Natasha Bertrand | Published: 6/17/2019

The U.S. Supreme Court ruled in a closely watched “double jeopardy” case, issuing a decision that preserves states’ power to limit the impact of future pardons by President Trump or his successors. The justices declined to disturb a longstanding legal principle known as dual sovereignty, which allows state governments to bring their own charges against defendants already tried or convicted in federal court, or vice versa. Democrats and others bracing for potential pardons by Trump of individuals convicted in former special counsel Robert Mueller’s investigation were tracking the case because a decision overturning the dual sovereigns rule could have complicated efforts by state prosecutors to blunt the impact of any attempt Trump may make to grant clemency to those targeted by Mueller’s team.

The Political Donor Class Is Mostly White and Male. Some Women of Color Are Trying to Change That.
Washington Post – Michelle Ye Hee Lee | Published: 6/19/2019

No longer content to simply be the Democratic Party’s most loyal voters, some women of color are seeking to break into the influential but overwhelmingly white and male world of political donors. The efforts are part of a broader campaign to elevate the voices of this group within the Democratic Party, which has had some success. But the efforts also reflect a worry that, without robust giving by minority women, the party will move on in the general election to focus on white Midwestern Trump voters at the expense of communities of color. The absence of women of color is particularly acute among the super-rich givers, billionaires and multimillionaires who give seven figures or more per election. The power of these donors has grown in recent years as courts have opened the floodgates to unlimited spending to try to sway elections.

‘Who’s Taking Care of the Kids?’ Is Finally a Question for Dads on the Trail, Too
MSN – Lisa Lerer (New York Times) | Published: 6/12/2019

For decades, mothers running for office have faced skepticism: “Who’s taking care of the kids?” wondered voters. As American families evolve, a number of fathers of young children are slowly being forced to grapple with the same politically loaded question. That has left them making a calculation that women have made for decades – how to pursue public life and parenthood at the same time. And at least a few of the 15 fathers who are running for president in 2020 are eager to talk about it, including the day-to-day caregiving tasks that most politician moms generally consider just business as usual. While research and surveys show female candidates still confront a steeper double standard when it comes to their family life, male politicians with young children suddenly find themselves facing something totally new – a standard.

Why the Trump Campaign Won’t Pay Police Bills
Center for Public Integrity – Dave Levinthal | Published: 6/13/2019

At least 10 city governments – from Mesa, Arizona, to Erie, Pennsylvania – are still waiting for Trump to pay public safety-related invoices they have sent his presidential campaign committee in connection with his political rallies. Some invoices are three years old. In all, city governments say Trump’s campaign owes them at least $841,219. The cities are adamant Trump should pay up. But in many of these cases, there are no signed contracts between the municipal governments and the Trump campaign. The cities dispatched police officers to secure Trump’s events because they believe public safety required it, and the U.S. Secret Service asked for it. Presidential candidates should consider paying cities’ police bills even if they do not believe they are legally required to do so, some police advocates said.

From the States and Municipalities

Arkansas – Judge Blocks Law on Timing of Donations
Arkansas Democrat-Gazette – Linda Satter | Published: 6/18/2019

An Arkansas law that bars candidates for state office from accepting campaign contributions more than two years before an election was blocked by a federal judge, prompting an immediate appeal from the state. Peggy Jones sued over the law, contending it infringes on her right of political expression by preventing her from donating money now to people she wants to support as candidates in the 2022 election cycle. U.S. District Judge James Moody Jr. had enjoined the state from enforcing the law as his ruling is appealed, but later reversed that part of the ruling.

Colorado – Outside Groups Spent More Than $1 Million to Influence Denver’s Election, and It Took a Lot of Work to Figure That Out
Denver Post – Andrew Kenney | Published: 6/17/2019

Outside spending is mutating faster than the city can keep pace, and it threatens to undermine the campaign finance reforms that were recently approved by Denver voters. In 2011, independent groups spent more than $700,000 on Denver’s elections, but much of that earlier spending came through PACs, which must report their finances through the city’s standard forms. In 2019, more than $1 million was spent through a different outlet. The biggest donors embraced nonprofit groups that disclose less information about their supporters during the election. It is part of a national trend that accelerated with the Citizens United case decided by the U.S. Supreme Court in 2010.

Massachusetts – After Being Rejected by the State, DiMasi Is Now a Registered Lobbyist at City Hall
Boston Globe – Matt Stout | Published: 6/20/2019

Former Massachusetts House Speaker Salvatore DiMasi registered to lobby in Boston a day after he appealed the secretary of state’s rejection of his attempt to register as a lobbyist at the state level. Boston’s process, which operates separately from the state, was launched amid concerns the city had no effective way to regulate who was lobbying at City Hall. DiMasi’s registration could cast a spotlight on the fledgling rules, which proponents say are still a work in progress. The city ordinance includes a mechanism to automatically disqualify anyone from lobbying for 10 years if they have been convicted of a felony that violates certain state lobbying and ethics laws. The language closely mirrors the statute under which the secretary of state’s office rejected DiMasi from registering with the state.

Montana – Montana Lobbyist Spending Reports Now Harder to Access
Montana Public Radio – Corin Cates-Carney | Published: 6/18/2019

At least $6.5 million was spent on lobbying during Montana’s 2019 legislative session. In the past, commissioners of political practices have devoted staff time to translating the paper forms lobbyists are required to file into a single electronic document, which the public or the press could then search and sort. But this year, Political Practices Commissioner Jeff Mangan, who was appointed in 2017, chose to not require his staff to do that. “It’s not their jobs to input, or data input, information for the lobbyists,” Mangan said. Both lobbyists and watchdog groups say Montana’s lobbying disclosure laws are better than most other states. But Denise Roth Barber, managing director at the National Institute on Money in State Politics, says the lack of consistent electronic filing is a weakness.

New Jersey – Gov Signs Dark-Money Bill, Expects Lawmakers to Roll Back Problem Parts
NJ Spotlight – Colleen O’Dea | Published: 6/18/2019

New Jersey Gov. Phil Murphy signed a bill that requires, at least for the moment, politically active nonprofits or 501(c)(4) groups to disclose their high-dollar contributors – those giving at least $10,000 – when these groups spend at least $3,000 to influence an election, legislation, or regulations. The law also increases the maximum amounts of all campaign contributions. It raises the amount that an individual candidate can receive from $2,600 to $3,000 per election and increases the amounts that political committees and party committees can receive, as well. Assemblyperson Andrew Zwicker said he introduced a “cleanup” bill to address Murphy’s concerns over the impact the new law would have on some nonprofit advocacy groups.

Oklahoma – Ethics Commission Says Money Is Tight
The Oklahoman – Nolan Clay | Published: 6/15/2019

A year after the state’s watchdog panel sued unsuccessfully for more funding, its financial situation remains dire, officials say. “It will be a very tight year,” Oklahoma Ethics Commission Executive Director Ashley Kemp said at the agency’s regular monthly meeting. Legislators budgeted the commission $716,621 for the 2020 fiscal year, an increase of about $6,000 from its current appropriations. That “doesn’t even cover the personnel costs,” Kemp said. Lawmakers also voted to remove $550,000 from the commission’s revolving fund and to cap how much it can spend in the future from that fund at $150,000 a year.

Oregon – Limits on Oregon Campaign Money Are Dead. But Voters May Still Get to Weigh In.
Portland Oregonian – Rob Davis | Published: 6/14/2019

Limits on campaign donations will have to wait for another legislative session in Oregon. A bill that cleared the House with several loopholes intact is not advancing in the state Senate. Meanwhile, lawmakers are moving ahead with a measure asking voters to amend Oregon’s constitution by authorizing the creation of campaign finance restrictions. The death of House Bill 2714, which would set specific dollar caps in anticipation of the constitutional measure’s passage, gives lawmakers more time to find agreement before Senate Joint Resolution 18 would go to voters in November 2020.

Virginia – Supreme Court Dismisses Challenge to Findings of Racial Gerrymandering in Virginia Districts
Philadelphia Inquirer – Robert Barnes (Washington Post) | Published: 6/17/2019

The U.S. Supreme Court dismissed the challenge to a lower court’s findings that some of Virginia’s legislative districts were racially gerrymandered, saying House Republicans did not have legal standing to challenge the decision. The decision could give an advantage to the state’s Democrats. All 140 seats in the Legislature are on the ballot this fall, and the GOP holds two-seat majorities in both the House and the Senate. The case concerned 11 voting districts drawn after the 2010 census, each with at least a 55 percent population of black residents of voting age. Democratic voters in those districts sued, saying lawmakers had run afoul of the Constitution by packing too many black voters into the districts, diminishing their voting power.

Washington – These Voters Are Using Democracy Vouchers to Influence Seattle’s City Council Races
Seattle Times – Daniel Beekman | Published: 6/12/2019

Across Seattle, the taxpayer-funded democracy vouchers mailed in February to registered voters and other eligible residents are changing how races are run: 42 of 55 candidates for the council’s seven district seats have signed up and together have collected nearly $1.6 million in vouchers. The program, unlike any other in the country, is meant to involve more people in the electoral process, help grassroots candidates compete, and encourage them to interact with regular voters rather than dialing for dollars from wealthy donors. Participating candidates must abide by special spending and contribution limits. More than 30 candidates have already gathered at least $20,000 in vouchers, and they are interacting with voters in various ways.

On June 18, a federal appellate court affirmed the legality of a Securities and Exchange Commission (SEC) pay-to-play rule.

In New York Republican State Committee v. SEC, the U.S. Court of Appeals for the District of Columbia Circuit found the SEC’s Financial Industry Regulatory Authority (FINRA) Rule 2030 constitutional.

The rule prohibits a placement agent from accepting compensation for soliciting government business from certain candidates and elected officials within two years of having contributed to such an official’s electoral campaign or to the transition or inaugural expenses of a successful candidate.

The New York Republican State Committee and the Tennessee Republican Party had argued the SEC did not have authority to enact the rule, the order adopting the rule was arbitrary and capricious because there was insufficient evidence it was needed, and the rule violated the First Amendment of the Constitution of the United States.

While the court found the plaintiffs had standing, it ruled against all their arguments and upheld the rule.

Campaign Finance

National: “A Foreigner Paid $200,000 for Tickets to Trump’s Inaugural. Now He Says He Was Duped.” by Kenneth Vogel (New York Times) for MSN

National: “The Political Donor Class Is Mostly White and Male. Some Women of Color Are Trying to Change That.” by Michelle Ye Hee Lee for Washington Post

National: “DC Circuit Rejects NY State GOP-Led Challenge to Anti-‘Pay-to-Play’ Rule” by Tom McPartland for Law.com

Kentucky: “Feds Allege Dad of Alison Lundergan Grimes Wrongly Funneled Money to Her State Races” by Bill Estep and Daniel Desrochers for Lexington Herald-Leader

Ethics

Indiana: “Four Women File Lawsuit Against Curtis Hill. Here’s What It Says About Indiana Lawmakers.” by Kaitlin Lange for Indianapolis Star

Nevada: “Experts Give High Marks to New Law That Will Add Teeth to Nevada’s Public Records Statute” by James DeHaven for Reno Gazette Journal

Lobbying

Maine: “Bill Would Limit Lobbyist Contributions Year-Round” by   for Middletown Press; Associated Press

Montana: “Montana Lobbyist Spending Reports Now Harder to Access” by Corin Cates-Carney for Montana Public Radio

Campaign Finance

National: “FEC Chair Makes Another Go at Regulating Online Political Ads” by Karl Evers-Hillstrom for Center for Responsive Politics

Arkansas: “Judge Blocks Law on Timing of Donations” by Linda Satter for Arkansas Democrat-Gazette

New Jersey: “Gov Signs Dark-Money Bill, Expects Lawmakers to Roll Back Problem Parts” by Colleen O’Dea for NJ Spotlight

Utah: “State’s ‘Hands Tied’ on PAC Connected to Utah Governor’s Former Campaign Manager, Lt. Gov. Spencer Cox Says” by Lisa Riley Roche for Deseret News

Ethics

National: “As Trump’s Defense Pick Withdraws, He Addresses Violent Domestic Incidents” by Aaron Davis and Shawn Boburg (Washington Post) for Boston Globe

National: “Supreme Court Rules in Case Watched for Impact on Trump Pardons” by Josh Gerstein and Natasha Bertrand for Politico

New Jersey: “NJ Tax Breaks Panel: ‘Special interests’ exerted influence, then they benefited” by Dustin Racioppi for Bergen Record

Washington DC: “Law Firm That Investigated Jack Evans for Metro Found ‘Multiple Violations’ of Ethics Code” by Robert McCartney for Washington Post

A federal judge blocked a state law that prevents candidates for public office from accepting campaign contributions more than two years before an election.

The ruling prompted an immediate appeal from the attorney general.

Plaintiff Peggy Jones of Pulaski County filed suit on April 5 over Arkansas Code 7-6-203(e).

Jones claimed the blackout period infringed on her First Amendment right of political expression by preventing her from donating money now to those she wishes to support as candidates in the 2022 election cycle.

Jones contended the blackout period is unconstitutional because it is not closely drawn to address the important governmental interest of preventing corruption.

She also claimed the law is over-broad because it bars all campaign contributions, including small contributions that do not present a potential for corruption.

U.S. District Judge James Moody Jr. granted a preliminary injunction on June 17, enjoining the state from enforcing the law during the pendency of the matter.

Campaign Finance

Colorado: “Outside Groups Spent More Than $1 Million to Influence Denver’s Election, and It Took a Lot of Work to Figure That Out” by Andrew Kenney for Denver Post

Oregon: “Limits on Oregon Campaign Money Are Dead. But Voters May Still Get to Weigh In.” by Rob Davis for Portland Oregonian

Washington: “These Voters Are Using Democracy Vouchers to Influence Seattle’s City Council Races” by Daniel Beekman for Seattle Times

Elections

National: “‘Who’s Taking Care of the Kids?’ Is Finally a Question for Dads on the Trail, Too” by Lisa Lerer (New York Times) for MSN

Ethics

National: “‘I Hate David and I Hate This Job’: Ex-Schweikert staffers describe unrest in ethics report” by Ronald Hanson for Arizona Republic

Connecticut: “A Decade After His Corruption Scandal Broke, Hartford Weighs a Second Chance for Eddie Perez” by Rebecca Lurye for Hartford Courant

Oklahoma: “Ethics Commission Says Money Is Tight” by Nolan Clay for The Oklahoman

Redistricting

Virginia: “Supreme Court Dismisses Challenge to Findings of Racial Gerrymandering in Virginia Districts” by Robert Barnes (Washington Post) for Philadelphia Inquirer