This month, Texas Gov. Greg Abbott signed House Bill 2677 prohibiting persons required to register as a lobbyist from knowingly making or authorizing certain political contributions or political expenditures.

Prohibited contributions include those to another candidate, officeholder, or political committee from political contributions accepted by the person as a candidate or officeholder or by a specific-purpose committee for the purpose of supporting the person as a candidate or assisting the person as an officeholder.

Under House Bill 2677, making a contribution described above requires a person to refrain from lobbying for a two-year period following the date the person makes or authorizes the contribution.

An exception is created for persons seeking to influence legislation or administrative action on behalf of nonprofit organizations, low income individuals, and a group of individuals with disabilities, and those not receiving compensation for their communications with members of the legislative and executive branches.

House Bill 2677 will go into effect on September 27, 2019.

Campaign Finance

National: “Why the Trump Campaign Won’t Pay Police Bills” by Dave Levinthal for Center for Public Integrity

National: “Legal Fight Tougher for Congressman as Wife Pleads Guilty” by Julie Watson for AP News

New York: “Council Passes Campaign Finance Bill Roiling Early Mayoral Race” by Noah Berman for Gotham Gazette

Oregon: “Judge Strikes Down Portland Campaign Finance Limits” by Gordon Friedman for Portland Oregonian

Ethics

National: “Federal Watchdog Agency Recommends Removal of Kellyanne Conway from Federal Office for Violating the Hatch Act” by Michelle Ye Hee Lee, Lisa Rein, and Josh Dawsey for Washington Post

New Jersey: “Phil Murphy’s Office Was Warned About Improper Hiring at SDA, Ethics Official Says” by Dustin Racioppi for Bergen Record

Lobbying

Canada: “Democracy Watchdog Calls for Investigation into Lobbyists Selling Tickets for Ford Fundraiser” by Jill Mahoney for The Globe and Mail

Massachusetts: “Does Sal DiMasi Have to Register as a Lobbyist? The State Says He Already Lobbied – Illegally” by Matt Stout for Boston Globe

Multnomah County Circuit Judge Eric Bloch struck down voter-approved limits on campaign donations to candidates running for county offices.

Judge Bloch’s ruling stated the $500 limit on donations violates Oregon’s expansive free expression guarantees in the Oregon Constitution.

The decision mirrors one the judge issued in March 2018 striking down limits for Multnomah County races, citing a 1997 Oregon Supreme Court decision.

Judge Bloch upheld portions of the voter-approved campaign rules that require Portland political advertisements to prominently disclose their top five financial backers.

Supporters of the law say they will appeal the decision.

National/Federal

A Wealthy Iraqi Sheikh Who Urges a Hard-Line U.S. Approach to Iran Spent 26 Nights at Trump’s D.C. Hotel
MSN – Joshua Partlow, David Fahrenthold, and Taylor Luck (Washington Post) | Published: 6/6/2019

In July, a wealthy Iraqi sheikh named Nahro al-Kasnazan wrote letters to national security adviser John Bolton and Secretary of State Mike Pompeo urging them to forge closer ties with those seeking to overthrow the government of Iran. Four months later, he checked into the Trump International Hotel in Washington, D.C. and spent 26 nights in a suite, a visit estimated to have cost tens of thousands of dollars. Kasnazan said his choice of the Trump hotel was not part of a lobbying effort. His long visit is an example of how Trump’s Washington hotel, a popular gathering place for Republican politicians and people with government business, has become a favorite stopover for influential foreigners who have an agenda to pursue with the administration.

As 2020 Candidates Struggle to Be Heard, Their Grumbling Gets Louder
New York Times – Lisa Lerer and Reid Epstein | Published: 6/11/2019

Of the 23 Democratic candidates for president, only eight routinely break one percent in national polls. Most have not yet qualified for the fall debates. And cable news channels, which have emerged as an early driving force in the race, have only so many hours of programming each day. That has moved the campaign into a new, yet familiar, phase: the ritual airing of grievances. Weeks’ worth of pent-up frustration is beginning to trickle into the public arena, as a way for candidates to explain their lowly positions, both to themselves and to the voters.  The rules around participation in the primary debates are a sore spot for second- and third-tier candidates, who fear getting shut out of the biggest stage in the race.

Bipartisan Senators Push New Bill to Improve Foreign Lobbying Disclosures
The Hill – Alex Gangitano | Published: 6/10/2019

U.S. Sen. Charles Grassley introduced legislation that would give the Department of Justice more tools to investigate possible violations of the Foreign Agents Registration Act, a 1938 statute that lawmakers on both sides of the aisle have characterized as outdated and weak. The bill would allow the Justice Department to increase the penalties for people who fail to properly register as a foreign agent. It also would require the Government Accountability Office to study whether and to what extent the Lobbying Disclosure Act exemption is being abused to conceal foreign lobbying activity.

Chao Created Special Path for McConnell’s Favored Projects
Politico – Tucker Doherty and Tanya Snider | Published: 6/10/2019

The Transportation Department under Secretary Elaine Chao designated a special liaison to help with grant applications and other priorities from her husband Mitch McConnell’s home state of Kentucky, paving the way for grants totaling at least $78 million for favored projects as McConnell prepared to campaign for re-election. Chao’s aide Todd Inman, who stated in an email to McConnell’s Senate office that Chao had personally asked him to serve as an intermediary, helped advise the senator and local Kentucky officials on grants with special significance for McConnell, including a highway-improvement project in a McConnell political stronghold that had been twice rejected for previous grant applications. The circumstances highlight the ethical conflicts in having a powerful Cabinet secretary married to the Senate’s leader and in a position to help him politically.

DeVos’ Student Aid Chief Quits Foundation Board Following Questions on Conflict of Interest
Politico – Michael Stratford | Published: 6/11/2019

The Education Department appointee who oversees the government’s $1.5 trillion student loan being asked about a potential conflict-of-interest. Mark Brown, a retired major general in the U.S. Air Force, was selected by Education Secretary Betsy DeVos to be the new head of the department’s Office of Federal Student Aid. Until recently, he also served as an unpaid member of the board of directors of KnowledgeWorks, a non-profit foundation that holds about $30 million in federally guaranteed student loans. Several ethics experts said that arrangement raised concerns about a potential conflict because Brown’s unit is responsible for regulating and overseeing student loans backed by the government, including those that are owned by KnowledgeWorks.

Echoes of Biden’s 1987 Plagiarism Scandal Continue to Reverberate
Anchorage Daily News – Neena Satija (Washington Post) | Published: 6/5/2019

Joe Biden ended his first presidential campaign in 1987 amid questions about a value he had worked hard to convince voters he had: authenticity. The collapse had begun with news that Biden had lifted phrases and mannerisms from a British Labour Party politician while making closing remarks at a debate. Examples soon surfaced of Biden using material from other politicians without attribution, and he acknowledged he had been accused of plagiarism in law school. Now, those events are back in the spotlight for the former vice president, who is one of the most visible Democrats in a crowded field vying to run against President Trump. Biden’s campaign acknowledged it had lifted phrases, without attribution, from various nonprofit publications in its climate and education plans.

Election Rules Are an Obstacle to Cybersecurity of Presidential Campaigns
New York Times – Nicole Perlroth and Matthew Rosenberg | Published: 6/6/2019

One year out from the 2020 elections, presidential candidates face legal roadblocks to acquiring the tools and assistance necessary to defend against the cyberattacks and disinformation campaigns that plagued the 2016 campaign. Federal laws prohibit corporations from offering free or discounted cybersecurity services to federal candidates. The same law also blocks political parties from offering candidates cybersecurity assistance because it is considered an in-kind donation. The issue took on added urgency after lawyers for the FEC advised the agency to block a request by Area 1 Security, asked the company to refile the request with a simpler explanation of how it would determine what campaigns qualified for discounted services.

NRA Money Flowed to Board Members Amid Allegedly Lavish Spending by Top Officials and Vendors
MSN – Beth Reinhard, Katie Zezima, Tom Hamburger, and Carol Leonnig (Washington Post) | Published: 6/9/2019

The National Rifle Association (NRA), which has been rocked by allegations of exorbitant spending by top executives, also directed money in recent years that went to board members, the very people tasked with overseeing the organization’s finances. Eighteen members of the NRA’s 76-member board, who are not paid as directors, collected money from the group during the past three years. The payments deepen questions about the rigor of the board’s oversight as it steered the country’s largest and most powerful gun rights group, according to tax experts and some longtime members. The payments, coupled with multimillion-dollar shortfalls in recent years and an ongoing investigation by the New York attorney general, threaten the potency of the NRA, long a political juggernaut and a close ally of President Trump.

Rep. Greg Pence Amends Filing That Showed Lodging Charge at Trump Hotel
USA Today – Maureen Groppe | Published: 6/11/2019

U.S. Rep. Greg Pence, brother of Vice President Mike Pence, reported spending more than $7,600 in campaign funds on lodging at the Trump International Hotel in the first few months after his election in November, although lawmakers are supposed to pay for their own housing in Washington, D.C. Hours after USA Today pressed for details on the nature of the lodging expenses, Rep. Pence’s campaign filed an amended FEC report that changed the designation of the expenses to “fundraising event costs.” Federal election rules allow campaign funds to be spent on hotels for fundraising events. And Greg Pence separately reported more than $15,000 in catering and reception costs at Trump’s hotel in December and January.

Top AI Researchers Race to Detect ‘Deepfake’ Videos: ‘We are outgunned’
San Francisco Chronicle – Drew Harwell (Washington Post) | Published: 6/12/2019

Artificial-intelligence (AI) researchers warn that computer-generated fake videos could undermine candidates and mislead voters during the 2020 presidential campaign. Powerful new AI software has effectively democratized the creation of convincing “deepfake” videos, making it easier than ever to fabricate someone appearing to say or do something they did not really do. And researchers fear it is only a matter of time before the videos are deployed for maximum damage – to sow confusion, fuel doubt, or undermine an opponent, potentially on the eve of a White House vote. Even simple tweaks to existing videos can create turmoil, as happened with the recent viral spread of a video of House Speaker Nancy Pelosi, distorted to make her speech stunted and slurred. That video was viewed more than 3 million times.

Trump 2020 Campaign Ad Payments Hidden by Layers of Shell Companies
Center for Responsive Politics – Anna Massoglia | Published: 6/13/2019

The Trump 2020 campaign funneled money to a shell company tied to ad buyers at the center of an alleged illegal coordination scheme with the National Rifle Association (NRA) as recently as May 2019. The previously unreported ad buys for Trump’s re-election campaign routed through a secretive limited-liability company known as Harris Sikes Media LLC were revealed in Federal Communications Commission records. The Trump campaign stopped reporting payments to ad buyers at American Media & Advocacy Group following allegations the company facilitated illegal coordination between the campaign and the NRA through American Media’s affiliates National Media Research, Planning & Placement and Red Eagle Media Group. Trump’s reelection campaign quietly continued to funnel money to the same individuals through payments to Harris Sikes Media.

Trump Lawyer’s Message Was a Clue for Mueller, Who Set It Aside
MSN – Michael Schmidt and Charle Savage (New York Times) | Published: 6/9/2019

As the special counsel’s investigators pursued the question of whether President Trump tried to impede their work, they uncovered compelling evidence – a voice mail recording and statements from a trusted witness – that might have led to him. An attorney for Trump, John Dowd, reached out to a lawyer for a key witness who had just decided to cooperate with the government, Michael Flynn. Dowd fished in his message for a heads-up if Flynn was telling investigators negative information about Trump, while also appearing to say that if Flynn was just cutting a deal without also flipping on the president, then he should know Trump still liked him. Dowd never said whether Trump directed him to make the overture. And investigators for Robert Mueller declined to question Dowd about his message. Legal experts were divided on whether Mueller’s team should have sought to question Dowd.

Trump Says He’d Consider Accepting Dirt from Foreign Governments on His Opponents
Keene Sentinel – Colby Itkowitz and Tom Hamburger | Published: 6/13/2019

President Trump said if a foreign power offered dirt on his 2020 opponent, he would be open to accepting it and he would have no obligation to call in the FBI. The president’s comments come as congressional investigations into Russian interference in the 2016 election continue, and they drew sharp response from his would-be Democratic rivals. Although special counsel Robert Mueller did not find enough evidence to establish a criminal conspiracy involving the Trump campaign in his probe of Russia’s role in the 2016 election, his report said the Russian government interfered in the election in a “sweeping and systemic fashion” and that Trump’s campaign was open to assistance from Russian sources.

What the Governors Feuding with Their Own Parties Have in Common
Governing – Alan Greenblatt | Published: 6/11/2019

A handful of governors presiding over one-party states are now taking serious hits from legislators and leaders in their own political parties. In New Jersey, Democratic Gov. Phil Murphy is engaged in a feud with state Senate President Stephen Sweeney that has led to threats of a primary challenge. In Kentucky, Republican Lt. Gov. Jeanne Hampton warned recently about “dark forces” operating within Gov. Matt Bevin’s administration. Craig Blair, who chairs the Senate Finance Committee in West Virginia, called on Republican Gov. Jim Justice to resign. In states with divided governments, it is almost to be expected that governors and legislators will sometimes sling arrows at each other. But most states are dominated by a single party, and their most powerful politicians are finding that it can still be difficult to get along.

With Most States Under One Party’s Control, America Grows More Divided
MSN – Timothy Williams (New York Times) | Published: 6/11/2019

It is the first time in more than a century that all but one state Legislature is dominated by a single party. Most legislative sessions have ended or are scheduled to end in a matter of days in capitals across the nation, and Republican-held states have rushed forward with conservative agendas as those controlled by Democrats have pushed through liberal ones. Any hope that single-party control in the states might ease the tone of political discourse has not borne out. Lopsided party dominance has not brought resignation; instead of minority parties conceding they lack the numbers to effectively fight back, the mood has grown more tense and vitriolic. Analysts said issues addressed by state Legislatures this year, which included gun control and health care, might have more lasting effect than anything approved in Washington, D.C., where government is divided.

From the States and Municipalities

California – Democrats Say They Don’t Take Big Tobacco Money. But JUUL Had a Sponsorship at Convention
Sacramento Bee – Andrew Sheeler | Published: 6/7/2019

JUUL Labs, maker of a line of e-cigarette products in popular use among middle and high school students, had a prominent sponsor slot on the stage of the California Democratic Party’s state convention, where politicians like U.S. House Speaker Nancy Pelosi, Gov. Gavin Newsom, and a bevy of presidential candidates and state officials spoke. State Sen. Jerry Hill, an outspoken critic of tobacco companies, said he could not believe his eyes when he saw the sponsorship. “I was baffled because it’s a long-standing policy of the Democratic Party not to take money from Big Tobacco,” Hill said. JUUL is one-third owned by Altria, which owns Philip Morris USA.

Illinois – Mayor Lori Lightfoot to Introduce Ethics Package Aimed at Fighting City Hall Corruption
Chicago Tribune – John Byrne | Published: 6/5/2019

Chicago Mayor Lori Lightfoot will seek to follow through on her campaign pledge to clean up a City Hall that for months has been rocked by an FBI investigation and racketeering charges against Ald. Edward Burke by introducing an ethics reform package. The former federal prosecutor’s proposal looks to tighten the rules for aldermen holding outside jobs and would require nonprofits lobbying City Hall to register as lobbyists. It also would give city Inspector General Joseph Ferguson the power to audit city council committees. Lightfoot is  also pushing for more modest increases to fines for ethics violations than the city Ethics Board has proposed.

Indiana – Judge Rules Against Fort Wayne’s Pay to Play Ordinance
Fort Wayne Journal Gazette – Dave Gong | Published: 6/11/2019

Superior Court Judge Jennifer DeGroote ruled against the city of Fort Wayne in a case regarding its controversial “pay-to-play” ordinance. DeGroote blocked the city from enforcing the ordinance that restricted how much money the owners of a company could give elected officials and still bid on city contracts. The ordinance prohibited 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 campaign of a person with responsibility for awarding contracts.

New Hampshire – Top N.H. Lawmaker Says No Lobbying Involved in His Union Job, But His Predecessor Was a Lobbyist
New Hampshire Public Radio – Casey McDermott | Published: 6/6/2019

House Majority Leader Doug Ley is adamant he has not broken any ethics rules by engaging in legislative advocacy as president of the New Hampshire chapter of the American Federation of Teachers while serving in the Legislature. He has also maintained his work on the union’s behalf – testifying at public hearings, rallying support or opposition for specific bills, and sending out “legislative bulletins” to union members – does not count as lobbying. But Ley’s predecessor at the union, Laura Hainey, said she did consider much of the same kind of advocacy work she did at the statehouse to constitute lobbying. And, unlike Ley, she registered as a lobbyist during her term as the union’s president.

New Jersey – Gov. Phil Murphy, Lawmakers Reach Deal on Dark Money Disclosure
Burlington County Times – Dave Levinsky | Published: 6/10/2019

Facing the likelihood that lawmakers would vote to override his earlier veto, New Jersey Gov. Phil Murphy agreed to sign a “dark money” disclosure bill originally sent to him. Lawmakers agreed to vote again on the original legislation and Murphy has agreed to sign it with no changes. The bill mandates the disclosure of donors who give more than $10,000 to nonprofit 501(c)4 groups that are not currently subject to disclosure requirements if they engage in political activities, lobbying, or campaigning. It would also mandate the disclosure of expenses of more than $3,000 and would boost contribution limits to state and county political committees. Those groups are already subject to strict reporting requirements but have been usurped by dark-money groups in recent years.

New York – Inside the Stealth Campaign for ‘Responsible Rent Reform’
New York Times – Vivian Wang | Published: 6/10/2019

Confronted with a Democratic takeover of the state Legislature and emboldened progressive activists, the city’s landlords and developers, long accustomed to ruling New York through political donations and expensive lobbyists, are adopting the tactics of their activist foes. They have sent buses of electricians and boiler repair workers to Albany to protest the proposed changes, organized rallies outside public hearings, formed groups with generic names to run social media advertisements, and paid for mailers urging constituents to call their representatives. The goal is to deliver the industry’s message that too-strict rent regulations would affect not only wealthy landlords, but also the working class in a way that does not seem like it is coming from the industry.

Wisconsin – Hours Before a Trial Was Set to Start, Wisconsin Supreme Court Reinstates Most GOP Lame-Duck Laws
Milwaukee Journal Sentinel – Patrick Marley | Published: 6/11/2019

The Wisconsin Supreme Court reinstated most of the lame-duck laws Republican lawmakers approved in December to trim the powers of the state’s top Democrats. With a pair of orders, the high court canceled a trial and put back in place almost all the lame-duck laws while it considers an appeal. After the rulings, just two provisions of the lame-duck laws have been kept from going into effect. One would have limited early voting; the other would have required a public commenting period for older government documents. The status of the laws could change in the months ahead because the Supreme Court has to make more rulings in the case. A federal judge is overseeing another challenge to the lame-duck laws that is in its early stages.

Campaign Finance

Indiana: “Judge Rules Against Fort Wayne’s Pay to Play Ordinance” by Dave Gong for Fort Wayne Journal Gazette

New York: “Amid Controversy, City Council Moves Ahead with Campaign Finance Bill Extending Public Match” by Caitlyn Rosen for Gotham Gazette

Elections

National: “As 2020 Candidates Struggle to Be Heard, Their Grumbling Gets Louder” by Lisa Lerer and Reid Epstein for New York Times

Ethics

National: “Rep. Greg Pence Amends Filing That Showed Lodging Charge at Trump Hotel” by Maureen Groppe for USA Today

National: “DeVos’ Student Aid Chief Quits Foundation Board Following Questions on Conflict of Interest” by Michael Stratford for Politico

Washington: “Washington Supreme Court Weighing Legislative Records Case” by Rachel LaCorte for AP News

Legislative Issues

National: “What the Governors Feuding with Their Own Parties Have in Common” by Alan Greenblatt for Governing

Wisconsin: “Hours Before a Trial Was Set to Start, Wisconsin Supreme Court Reinstates Most GOP Lame-Duck Laws” by Patrick Marley for Milwaukee Journal Sentinel

Campaign Finance

Indiana: “Are Watchdogs Over Indiana Campaign Donations Really Watching?” by Thomas Langhorne for Evansville Courier and Press

New Jersey: “Gov. Phil Murphy, Lawmakers Reach Deal on Dark Money Disclosure” by Dave Levinsky for Burlington County Times

Ethics

National: “Trump Lawyer’s Message Was a Clue for Mueller, Who Set It Aside” by Michael Schmidt and Charle Savage (New York Times) for MSN

California: “FPPC Rejects GOP Complaint About Union Donations for California Lieutenant Governor’s Furniture” by Sophia Bollag for Sacramento Bee

Texas: “Two Years After Bribery Scandal, Sreerama Welcomed Back as Harris County Vendor” by Zach Despart and Mike Morris for Houston Chronicle

Virginia: “‘A Rare Position’: Va. Gov. Ralph Northam could wind up with great power, months after almost resigning” by Gregory Schneider for Washington Post

Legislative Issues

National: “With Most States Under One Party’s Control, America Grows More Divided” by Timothy Williams for New York Times

Lobbying

National: “Bipartisan Senators Push New Bill to Improve Foreign Lobbying Disclosures” by Alex Gangitano for The Hill

Campaign Finance

California: “Democrats Say They Don’t Take Big Tobacco Money. But JUUL Had a Sponsorship at Convention” by Andrew Sheeler for Sacramento Bee

Minnesota: “Rep. Ilhan Omar to Reimburse $3,500 in Misspent Campaign Funds” by Emily Kopp for Roll Call

Elections

National: “Election Rules Are an Obstacle to Cybersecurity of Presidential Campaigns” by Nicole Perlroth and Matthew Rosenberg for New York Times

Ethics

National: “NRA Money Flowed to Board Members Amid Allegedly Lavish Spending by Top Officials and Vendors” by Beth Reinhard, Katie Zezima, Tom Hamburger, and Carol Leonnig (Washington Post) for MSN

National: “Chao Created Special Path for McConnell’s Favored Projects” by Tucker Doherty and Tanya Snider for Politico

Florida: “State Ethics Commission Fines Gillum, Drops Most Charges” by Mary Ellen Klas and Elizabeth Koh for Miami Herald

Lobbying

New York: “Inside the Stealth Campaign for ‘Responsible Rent Reform’” by Vivian Wang for New York Times

Oklahoma: “Stitt to End $1.5 Million in State Agency Lobbying Contracts” by Tres Savage for NonDoc

National/Federal

A ‘Bridge’ to China, and Her Family’s Business, in the Trump Cabinet
MSN – Michael Forsythe, Eric Lipton, Keith Bradsher, and Sui-Lee Wee (New York Times) | Published: 6/2/2019

Transportation Secretary Elaine Chao has no formal affiliation or stake in her family’s shipping business, Foremost Group, which has deep ties to the economic and political elite in China. But she and her husband, Senate Majority Leader Mitch McConnell, have received millions of dollars in gifts from her father, who ran the company until last year. And McConnell’s re-election campaigns have received more than $1 million in contributions from Chao’s extended family. Over the years, Chao has repeatedly used her connections and celebrity status in China to boost the profile of the company. Now, Chao is the top Trump official overseeing the American shipping industry, which is overshadowed by its Chinese competitors. Her efforts on behalf of the family business have come as Foremost has interacted with the Chinese state to a remarkable degree for an American company.

FEC to Mitt Romney, Michele Bachmann and 48 More Zombie Campaigns: Why are you still here?
Tampa Bay Times – Christopher O’Donnell, Eli Murray, Connie Humburg, and Noah Pransky | Published: 5/31/2019

The FEC demanded explanations from about 50 politicians who are operating zombie campaigns – political committees that keep spending contributions long after the campaign has ended. The agency sent letters to the campaigns asking why their campaign accounts were still open. It flagged specific expenses by at least 17 campaigns and asked them to justify the spending. It is the first action taken by the FEC since it announced in April 2018 that it would start scrutinizing the spending of what it called “dormant” campaigns. Federal law does not allow campaign money to be spent improving politicians’ personal lives.

How Payday Lenders Spent $1 Million at a Trump Resort – and Cashed In
ProPublica – Alice Wilder (WNYC) and Anjali Tsui | Published: 6/4/2019

In March, the payday lending industry held its annual convention at the Trump National Doral hotel outside Miami. A month earlier, Kathleen Kraninger, who had just finished her second month as director of the federal Consumer Financial Protection Bureau, had delivered what the lenders consider an epochal victory: Kraninger announced a proposal to eviscerate a crucial rule that had been passed under her Obama-era predecessor. This year was the second in a row the industry’s trade group, the Community Financial Services Association of America, held its convention at the Doral. In the eight years before 2018, the organization never held an event at a Trump property.

In Need of Cash, Democratic Presidential Hopefuls Turn to Wealthy Donors
MSN – Michelle Ye Hee Lee (Washington Post) | Published: 6/2/2019

Across the Democratic field, presidential candidates are embracing the big donors they distanced themselves from early on – a sign of increasing doubt the small, online donations the campaigns have been chasing will be sufficient to sustain two-dozen primary contenders. Many of the candidates previously had held a handful of high-dollar fundraisers or avoided them altogether, seeking to tap into the populist sentiment that has animated the Democratic base. But after a disappointing fundraising haul in the first quarter of the year, and as the primary drags on with no clear front-runner, many of the candidates are turning their focus to wealthy donors, a strategy that could help keep their campaigns viable but may hamper their ability to connect with base voters.

Liberals Rip Democratic Leaders for Writing Drug Pricing Bill in Secret
The Hill – Peter Sullivan | Published: 6/6/2019

Progressive House Democrats are growing increasingly frustrated with their party’s leadership, accusing them of writing Democrats’ signature bill to lower prescription drug prices in secret and without their input. At issue is a plan Pelosi’s office has been working on for months that would allow Medicare to negotiate drug prices, a top priority for Democrats and one the party stressed in its campaign last year to win back the House. There is now an intense debate within the Democratic caucus over the details of that proposal, with the Progressive Caucus pushing for a bill that it says is stronger because it would strip a company of its monopoly on a drug if the manufacturer refuses to agree to a reasonable price in Medicare negotiations.

Meet the GOP Operatives Who Aim to Smear the 2020 Democrats – but Keep Bungling It
MSN – Manuel Roig-Franzia and Beth Reinhard (Washington Post) | Published: 6/4/2019

Like notorious dirty tricksters before them, Jack Burkman and Jacob Wohl operate in a realm where it matters little whether their outrageous claims against political opponents are proved – they hardly ever are – but only whether they somehow slip into the national consciousness. But today it is a more dangerous game: they operate in an era when notions about truth and fiction have been upended and in which many Americans get their information from self-affirming, partisan silos, making their brand of political cyberwarfare hyper-relevant.

Recent Ex-Members of Congress Head to K Street as ‘Shadow Lobbying’ Escalates
Center for Responsive Politics – Karl Evers-Hillstrom | Published: 5/30/2019

Nearly two dozen former members of the 115th Congress have already found jobs at lobbying firms.  Lobbying is a natural next step for recently departed members who spent years cultivating relationships with their colleagues and interest groups. While former members of Congress must wait two years before lobbying their respective chamber’s ex-colleagues, they often engage in so-called shadow lobbying – participating in activities that might be considered lobbying but declining to register under the Lobbying Disclosure Act (LDA). “[The] LDA is nothing more than an honor system,” said Paul Miller, president of the National Institute for Lobbying and Ethics.

Tech Giants Amass a Lobbying Army for an Epic Washington Battle
New York Times – Cecilia Kang and Kenneth Vogel | Published: 6/5/2019

Amazon, Apple, Facebook, and Google have built themselves into some of the largest players on K Street as they confront threats from the Trump administration and both parties on Capitol Hill. Amazon’s expansion has been met with unease over labor conditions and the company’s effect on small businesses. The four companies spent a combined $55 million on lobbying last year. Of the 238 people registered to lobby for the companies in the first three months of this year, both in-house employees and those on contract from lobbying and law firms, about 75 percent formerly served in the government or on political campaigns. Amazon’s Washington office is led by a former Federal Trade Commission official, Brian Huseman. Its roster of contract lobbyists includes three Democratic former members of Congress and two former Justice Department lawyers.

Ted Cruz and Alexandria Ocasio-Cortez Team Up to Ban Lawmakers from Lobbying
National Public Radio – Sasha Ingber | Published: 5/31/2019

Two lawmakers who have often been at odds found common ground in a place that often highlights polarizing opinions: Twitter. That is where U.S. Sen. Ted Cruz and U.S. Rep. Alexandria Ocasio-Cortez vowed to set aside their differences and work on new lobbying restrictions for lawmakers. Now an unlikely coalition is forming around their joint effort. Craig Holman, who lobbies on ethics, campaign finance, and lobbying on behalf of Public Citizen, said it is “heartening” that Cruz and Ocasio-Cortez moved to bridge the deep partisan divide. “I am not sure if Congress will be willing to adopt their proposed lifetime ban, but the sheer fact of a left-and-right agreement that the revolving door is a grave problem that must be addressed is going to move the ball forward,” Holman said.

The Campaign Finance of Women’s Suffrage
WHYY – Kimberly Adams | Published: 6/4/2019

Women’s suffrage took more than seven decades of political struggle and included marches, hunger strikes, and arrests. And, like political campaigns of today, it required a lot of money. While women like Susan B. Anthony and Elizabeth Cady Stanton were on the front lines of the movement, there were other women working behind the scenes to fund it. “We don’t tend to teach about the suffrage movement as a major lobbying force, a major well-funded organization in American political history, but it was,” said Corrine McConnaughy, an associate professor of political science at George Washington University and author of “The Woman Suffrage Movement in America: A Reassessment.”

Trump Resort Revenue Has Gone Up After Presidential Visits
Politico – Anita Kumar | Published: 6/6/2019

President Trump’s week-long trip to Europe included a tour of his own businesses. Trump traveled to his luxury resort on Ireland’s west coast for a visit that brought world-wide publicity and increased security to the location, and, if past trends hold, more revenue. The president’s trip to Trump International Golf Links in Doonbeg, Ireland has once again led to criticisms that he is using his office to make money for his own business. It marks the second time he has visited one of his properties outside the United States since he was sworn into office. “U.S. foreign relations should never rise and fall on the financial interests of the president and the ability to promote his own property,” said Noah Bookbinder, executive director of Citizens for Responsibility and Ethics in Washington, which examined his financial disclosures.

Trump Urges Customers to Drop AT&T to Punish CNN Over Its Coverage of Him
Portland Press Herald – Craig Timberg, Taylor Telford, and Josh Dawsey (Washington Post) | Published: 6/3/2019

President Trump called for a boycott of AT&T, the corporate owner of CNN, saying the network paints a “false picture” of the U.S. The comment, which Trump tweeted in response to seeing CNN coverage while traveling during a European tour, fueled criticisms the president was using his power inappropriately to intimidate critics. Historians struggled to cite an equivalent threat even from presidents such as Richard Nixon renowned for their hostility toward the press. Less democratic nations with more tenuous press freedoms often use government regulatory power, criminal investigations or tax audits to punish news organizations seen as providing unflattering coverage, but past U.S. presidents rarely have taken such public shots at the businesses of the owners of major American news organizations, historians said.

From the States and Municipalities

Alabama – Dunkin’ Donuts Owner Accuses Ethics Commission Investigator of Abuse of Power
Montgomery Advertiser – Kirsten Fiscus | Published: 5/31/2019

When Damon Dunn received notification of a discrimination complaint against his Dunkin’ Donuts store, he was concerned at first, then confused, and then angry. It is corporate policy that customer complaints are reviewed and handled in a timely manner, but the majority of those are disgruntled customers upset about a long wait time or food prepared incorrectly. Byron Butler, a man Dunn would learn is an investigator with the Alabama Ethics Commission, accused the store of charging black customers more for extra pumps of coffee flavoring known as “swirl” at the restaurant, a claim that Dunn says is unfounded. Butler told an employee he was an investigator and took a verbal statement from her about the charging practices. The employee, who is 18, thought she would face legal trouble if she did not talk with him.

Florida – Lawmakers Call for Probe of NRA Lobbyist Marion Hammer’s Failure to Disclose Payments
Miami Herald – Samantha Gross | Published: 5/30/2019

Some Democratic lawmakers in Florida are calling for an investigation into whether prominent National Rifle Association (NRA) lobbyist Marion Hammer violated state law by failing to disclose payments from her organization while lobbying on NRA priorities like banning the sale of bump stocks. According to Florida law, non-employee lobbyists for both legislative and executive branches are required to register and disclose their total compensation. Hammer is not an in-house lobbyist for the NRA, and therefore is required under law to submit a compensation report for each quarter during which she was registered to lobby. The Florida Bulldog reported Hammer failed to file any compensation reports with state since at least 2007.

Florida – Top City Law Firm Broke County Lobbying Rules
Fort Myers News-Press – Bill Smith | Published: 5/31/2019

One of the region’s biggest law firms is among several business interests that did not meet required deadlines for registering as lobbyists, Lee County’s inspector general said in an investigative report. Henderson, Franklin, Starnes & Holt, a Fort Myers based law firm; John Gucciardi, a consultant to Fort Myers Beach developer TPI Hospitality; and Waldrop Engineering each missed filing deadline. Waldrop went seven years without filing the statement. It has since filed registrations for its employees.

Georgia – Abrams Probe Highlights Wide Reach of State Ethics Commission
Georgia Public Broadcasting – Stephan Fowler | Published: 6/5/2019

Lawyers for former gubernatorial candidate Stacey Abrams say the Georgia Government Transparency and Campaign Finance Commission did not follow its own rules in an investigation of her 2018 campaign. The commission alleges illegal coordination between the Abrams campaign and four outside organizations. The campaign argued the ethics panel failed to follow its rules for opening an inquiry and sharing probable cause for the allegations. But according to state law, the commission is following the rules. Rick Thompson, a former executive secretary of the commission, said in terms of procedure, the subpoenas are above board. The full scope of the probe will not be made clear until it is put before a meeting of the full commission.

Illinois – Ald. Edward Burke Indicted on Expanded Federal Racketeering, Bribery Charges
Chicago Tribune – Jason Meisner, Todd Lighty, and Gregory Pratt | Published: 5/30/2019

Chicago Ald. Edward Burke was meeting with a fellow alderman in October 2017 when he allegedly expressed his displeasure over the way developers of the old main Chicago post office had so far failed to throw any business to Burke’s private law firm. “As far as I’m concerned, they can go f— themselves,” Burke told Ald. Daniel Solis, who was secretly recording the conversation. The conversation is at the center of a 14-count indictment outlining a series of alleged schemes in which prosecutors say Burke abused his City Hall clout to extort private legal work from companies and individuals doing business with the city. Also charge Burke in attempting to shake down two businesspeople seeking to renovate a Burger King restaurant in the ward.

Kentucky – Appellate Court Upholds State Ban of Gifts, Money to Kentucky Lawmakers
Lexington Herald-Leader – Jack Brammer | Published: 5/30/2019

A federal appeals court upheld a Kentucky law that prohibit lobbyists from giving gifts to state legislators or donating to their campaigns. The ruling by the U.S. Sixth Circuit Court of Appeals reversed a ruling by U.S. District Court Judge William Bertelsman, who struck down the bans, ruling Kentucky’s laws burdened “core political speech” and curtailed freedom of association. The appeals court reversed the ruling and said the measures “enacted to prevent corruption and protect citizens’ trust in their elected officials, comport with the Constitution.”

Massachusetts – Convicted of Corruption, DiMasi Now Wants to Be a Lobbyist. The State Has Other Ideas
Boston Globe – Matt Sout and Andrea Estes | Published: 6/5/2019

Massachusetts Secretary of State William Galvin’s office rejected former state House Speaker Salvatore DiMasi’s application to become a lobbyist just days after he registered to lobby both the Legislature and executive branch. DiMasi appealed and is due to appear before an administrative hearing officer. His attempt at entering the lucrative industry came after he completed his supervised release following his conviction on corruption charges. DiMasi argued that because lawmakers did not include any of the specific federal statutes on which he was convicted into the state law, he should not be prohibited from registering. Laurie Flynn, Galvin’s chief legal counsel, argued DiMasi’s criminal record includes “conduct in violation” of state lobbying and ethics laws, which automatically bars him from lobbying for 10 years after his conviction, or until June 2021.

Michigan – Emails Show MDOT Let Lobbyist Steer Report on Gravel Shortage for Michigan Roads
Detroit Free Press – Paul Egan | Published: 6/6/2019

When Michigan gravel companies wanting to open or expand a mine are opposed by neighbors objecting to the noise and dust, they point to a 2016 consultant’s study, commissioned by the Michigan Department of Transportation (MDOT), that says the state is running out of gravel to rebuild its busted roads. But in fact, the Michigan Aggregates Association (MAA) – the lobbying organization for the sand and gravel industry, which is pushing for legislation that would severely restrict the ability of local governments to deny permits for new or expanded gravel mines – was behind the study, records show. The MAA recommended the consultant MDOT hired, set out the scope of work and how to price the study, and even spelled out the expected findings. The group also had a role in initiating the study.

Missouri – Free Acupuncture and Eye Exams for Lawmakers Are No-Nos, Missouri Ethics Commission Says
St. Louis Post-Dispatch – Jack Suntrup | Published: 6/3/2019

Two opinions from the Missouri Ethics Commission, which read as lists of dos-and-don’ts for lawmakers and their employees, were issued in response to questions following the passage of Amendment 1 last year. One of the provisions of what is known as “Clean Missouri” limits lobbyist gifts to five dollars. Accepting engraved plaques worth more than five dollars from lobbyists or organizations that lobby is prohibited, the commission said. It also said lawmakers should avoid free use of conference rooms owned by organizations that retain lobbyists. The opinion outlines a number of other scenarios in which lawmakers or their staffs may face ethical dilemmas.

New Jersey – Murphy Officials ‘Seriously Mishandled’ Katie Brennan Assault Allegation, Inquiry Finds
Bergen Record – Dustin Racioppi | Published: 6/5/2019

New Jersey Gov. Phil Murphy’s staff “seriously mishandled” a sexual assault claim by not investigating it and not telling Murphy before the hiring of the alleged assailant – details of which remain a mystery – for a top position, a legislative inquiry has found. The report by the Select Oversight Committee chronicles a series of missteps made by some of the highest-ranking officials in Murphy’s orbit in response to the allegation, made by former campaign volunteer Katie Brennan, and calls into question the “competence and culture of state government as a whole.” Brennan, now a housing official in the administration, had accused Al Alvarez, a former Murphy aide, of sexually assaulting her during the 2017 campaign. Alvarez was not charged and has denied the allegation.

New York – Nassau County Implements New Ethics Rules
Newsday – Candice Ferrette | Published: 6/5/2019

Nassau County Executive Laura Curran signed new rules for county vendors, including a ban on gifts to county procurement officials, aimed at stemming contracting abuses that were central to federal corruption cases involving prominent local officials. Under the new Vendor Code of Ethics, county employees involved with contracting cannot accept gifts “of any kind” from vendors, “no matter how small.” Contractors also cannot discuss or offer jobs to county employees involved with procurement or to their family members. Under the new rules, vendors will be required to certify they have read and accepted the terms of the ethics code and have distributed it to all subcontractors and suppliers.

Rhode Island – The Providence Mayor Raised Thousands of Dollars for a Nonprofit with Ties to His Campaign, Then He Reimbursed Himself from Its Coffers
Boston Globe – Dan McGowan | Published: 6/6/2019

Providence Mayor Jorge Elorza raised hundreds of thousands of dollars for a nonprofit organization with close ties to his political campaign and one that later reimbursed him and other high-ranking city employees for travel expenses to conferences all over the country. Now, the practice of soliciting donations for the Providence Tourism Fund – often from law firms and other companies that have contracts with the city – has come under fire from watchdogs who say Elorza is sidestepping Rhode Island’s strict campaign finance laws so he can collect unlimited amounts of money from corporations. Elorza did not create the fund. It was established in 2009 to raise money for a national conference that was held in Providence, but he has been far more aggressive about using it for travel than his predecessors.

Campaign Finance

Connecticut: “Senate Takes Late-Night Jab at Elections Watchdog” by Mark Pazniokas for Connecticut Mirror

Vermont: “Attorney General Clears Matt Dunne Over Campaign Debt Repayment” by Colin Meyn for VTDigger.org

Elections

National: “Meet the GOP Operatives Who Aim to Smear the 2020 Democrats – but Keep Bungling It” by Manuel Roig-Franzia and Beth Reinhard (Washington Post) for MSN

North Carolina: “Federal Investigators to Examine Equipment from 2016 N.C. Election Amid Renewed Fears of Russian Hacking” by Neena Satija (Washington Post) for Laredo Morning Times

Ethics

Alabama: “At Hubbard Hearing, Alabama Supreme Court Justices Suggest Ethics Law May Be Vague” by Brian Lyman for Montgomery Advertiser

California: “Oakland Councilwoman Claims Free Warriors Tickets; Staff Error Blamed” by John Woolfolk for San Jose Mercury News

Lobbying

National: “Catholic Church Spent $10 Million on Lobbyists in Fight to Stymie Priest Sex Abuse Suits” by Corky Siemaszko for NBC News

National: “How Payday Lenders Spent $1 Million at a Trump Resort – and Cashed In” by Alice Wilder (WNYC) and Anjali Tsui for ProPublica

Missouri: “Pot Lobbyist Indicted in Federal Marijuana Conspiracy Tied to Old Hawthorne Death” by Jack Suntrup (St. Louis Post-Dispatch) for Columbia Missourian

Campaign Finance

National: “The Campaign Finance of Women’s Suffrage” by Kimberly Adams for WHYY

National: “In Need of Cash, Democratic Presidential Hopefuls Turn to Wealthy Donors” by Michelle Ye Hee Lee (Washington Post) for MSN

Ethics

National: “Trump Urges Customers to Drop AT&T to Punish CNN Over Its Coverage of Him” by Craig Timberg, Taylor Telford, and Josh Dawsey for Portland Press Herald

California: “California’s Top Bullet Train Consultant Is Suspended Amid a State Ethics Probe” by Ralph Vartabedian for Los Angeles Times

Connecticut: “Panel Overseeing Dalio’s Investment in CT Schools Would Be Exempt from Ethics, Disclosure Laws.” by Keith Phaneuf and Kathleen Megan for Connecticut Mirror

Florida: “Federal Subpoena Demands Records on Andrew Gillum and His Campaign for Governor” by Steve Contorno for Tampa Bay Times

Missouri: “Free Acupuncture and Eye Exams for Lawmakers Are No-Nos, Missouri Ethics Commission Says” by Jack Suntrup for St. Louis Post-Dispatch

Nevada: “Nevada Bill, Aimed at Embattled Storey Sheriff, Creates Path to Oust Local Officials for Harassment, Other Misconduct” by Marcella Corona for Reno Gazette Journal

The Legislature adjourned sine die in the early morning hours of June 4.

The final day of the session was spent passing a two-year state budget and multiple bills related to lobbying and campaign finance laws.

Assembly Bill 452 imposes more detailed registration requirements for lobbyists.

Additionally, the bill requires a supplemental registration to be filed for any changes to registration until the commencement of the next regular session.

The bill will become effective immediately if signed by Gov. Steve Sisolak.

The U.S. Sixth Circuit Court of Appeals upheld a state ethics law that bans Kentucky lawmakers from accepting gifts or campaign contributions from lobbyists.

Additionally, the ethics law bans lawmakers from accepting “anything of value” from a lobbyist.

The ruling reversed a June 2017 ruling by U.S. District Judge William O. Bertelsman that struck down the ethics law as too vague and overly broad.

However, the appeals court found no constitutional problem with the limits on gifts and campaign contributions.

The found the laws are closely drawn to further Kentucky’s anti-corruption interest and pass constitutional muster.

The San Francisco Ethics Commission voted to adopt amendments to the Campaign and Governmental Conduct Code.

The changes include electronic filing, filing of contribution disclosures no later than 14 days following the contribution, and updating filing forms.

The changes provide clarity regarding code sections created by the Anti-Corruption and Accountability Ordinance and update the regulations to match other recent changes to the code.

Additionally, changes provide clarity about various provisions of the Campaign Finance Reform Ordinance.

Campaign Finance

Georgia: “In State Ethics Probe, Stacey Abrams’ Former Campaign Withholds Emails, Hands Over Bank Documents” by Johnny Kauffman for WABE

New York: “Cigar Anyone? McCoy’s Campaign Coffers Pay for Plenty” by Lauren Stanforth for Albany Times Union

Ethics

National: “A ‘Bridge’ to China, and Her Family’s Business, in the Trump Cabinet” by Michael Forsythe, Eric Lipton, Keith Bradsher, and Sui-Lee Wee (New York Times) for MSN

Illinois: “Chicago Board of Ethics Calls for Reforms to Fight City Hall Corruption” by Gregory Pratt for Chicago Tribune

Maryland: “UMMS Adopts New Conflict-of-Interest Policy for Board Members, Will Bar Board Leaders from Having Contracts” by Kevin Rector for Baltimore Sun

Missouri: “Stenger Chief of Staff Bill Miller Pleads Guilty to Felony Charge in Pay-to-Play Scheme” by Robert Patrick and Jacob Barker for St. Louis Post-Dispatch

Tennessee: “Amid Scandal Involving Speaker’s Office, House Creates New Ethics Counsel Position” by Natalie Allison for The Tennessean

Utah: “A Draper Councilman Owns a Restaurant That’s Received Thousands in Catering Fees from the City, Raising Ethical Questions” by Taylor Stevens for Salt Lake Tribune

Lobbying

Florida: “Top City Law Firm Broke County Lobbying Rules” by Bill Smith for Fort Myers News-Press