National/Federal

6 Lawmakers in 5 Days: New COVID-19 infections put spotlight on Congress’ loose guidelines
USA Today – Christal Hayes | Published: 11/18/2020

As rampant nationwide coronavirus spikes force states to reexamine reopening efforts, Congress is still struggling to maneuver around the pandemic as it encroaches on legislative business and endangers its members. COVID-19 has loomed over Congress for much of the year, yet lawmakers are still bickering over wearing face masks and not social distancing. Congressional leaders have refused to make coronavirus testing mandatory for lawmakers traveling back and forth to their home states. A rash of recent cases has infected a handful of lawmakers and sent several others into quarantine all while the U.S. Capitol welcomed back more than 500 legislators in the House and Senate.

Biden’s IRS Could Finally Give Trump’s Tax Returns to Democrats
Politico – Brian Faler | Published: 11/16/2020

President Trump’s defeat will make it easier for Democrats to get his tax returns, and some prominent lawmakers plan to keep the heat on the incoming Biden administration and House leaders to deliver. Once Biden controls the Treasury Department, his administration could simply hand over the records to its allies in Congress, who have been fighting in court to force Trump to turn them over. But Biden is casting himself as a uniter and releasing the returns risks looking like a vindictive investigation of his predecessor. Yet, if Democrats were to suddenly say “never mind,” it would not only be an embarrassing about-face, it would also infuriate people such as U.S. Rep. Bill Pascrell, head of the Ways and Means Oversight Subcommittee.

Corporations and Foreign Nations Pivot to Lobby Biden
New York Times – Kenneth Vogel and Eric Lipton | Published: 11/17/2020

While Joe Biden has taken steps to demonstrate his distance from lobbyists, his presidency is being welcomed on K Street. Lobbyists and other advisers who help clients navigate Washington are highlighting ties to Biden and his team in pitches to prospective clients, while firms and interest groups that lack such ties are scrambling to secure them. Such connections are plentiful because aides and colleagues of Biden’s have been cycling between government and the influence industry going back to his 36 years in the Senate and his eight years as vice president. It is a far cry from four years ago, when Donald Trump swept into town with few connections to established gatekeepers and lobbyists.

Fewer Opportunities and a Changed Political Environment in the U.S. May Have Curbed Moscow’s Election Interference This Year, Analysts Say
MSN – Ellen Nakashima (Washington Post) | Published: 11/17/2020

Russia failed to mount any major hacking or disinformation operations to interfere in the presidential election, and the Kremlin’s hackers did not even attempt to target elections systems in the way they did in 2016, according to U.S. officials. Analysts said it is too early to know why, but they point to a variety of possible reasons. Those include cyber and other operations that helped keep the Russians at bay, harder targets at the state and local level, and a political climate in which Americans themselves were the largest purveyors if disinformation, dwarfing Moscow’s efforts to influence the campaign through social media and its propaganda channels.

GOP Shows Limited Appetite for Pursuing Biden Probes
The Hill – Alexander Bolton | Published: 11/15/2020

Republicans are showing little appetite for aggressively pursuing investigations into President-elect Joe Biden and his son Hunter Biden if they keep their U.S. Senate majority in 2021. Sens. Charles Grassley and Ron Johnson, who led a joint investigation of Hunter Biden this year, are signaling they will take a tough stance on the incoming administration. But other GOP senators are taking a wait-and-see approach. One of the considerations among Republicans is a desire by some to lower the partisan temperature and possibly explore common ground with Democrats.

NASA Official Asked Boeing If It Would Protest a Major Contract It Lost. Instead, Boeing Resubmitted Its Bid
MSN – Christian Davenport (Washington Post) | Published: 11/17/2020

Boeing’s bid to build a spacecraft capable of flying astronauts to the moon did not meet NASA’s requirements, and the company was going to lose out on a contract worth hundreds of millions of dollars. But NASA was worried Boeing would protest the contract award, potentially holding it up for months at a time when the space agency was trying to meet a White House mandate to get astronauts to the lunar surface by 2024. in February, Doug Loverro, then the head of NASA’s human exploration directorate, called Jim Chilton, the senior vice president of Boeing’s space and launch division, to explain the company was going to lose the contract and to inquire whether it would file a challenge. That call occurred during a period when the agency was to have no contact with any of the bidders.

Palazzo’s Campaign Spending Under Investigation. ‘What We Saw Was Outrageous,’ Rival Says
Biloxi Sun Herald – Margaret Baker and Anita Lee | Published: 11/13/2020

U.S. Rep. Steven Palazzo is being investigated by the Office of Congressional Ethics (OCE) for allegedly using campaign funds to pay expenses associated with a farm he used to own. The Campaign Legal Center filed a complaint asking the OCE to investigate Palazzo’s campaign spending. It centered on campaign expenditures to rent a farm and to pay an accounting firm Palazzo founded and is now run by his former wife. Palazzo’s campaign spent $60,000 to rent a farm he owned from 2018 to 2019, the complaint said. The farm is located more than 30 miles from his campaign committee.

Pelosi, Democrats Renew Push to Overhaul Election, Campaign Finance Laws
Roll Call – Kate Ackley | Published: 11/16/2020

House Speaker Nancy Pelosi said she would press ahead early next year with a campaign finance and elections overhaul, even as the measure may face the same Senate fate it did this Congress: doom. Even though the Senate majority for the 117th Congress hinges on two runoff elections in Georgia, Democrats and their outside allies said they would still push for the measure, spotlighting Senate Majority Leader Mitch McConnell’s resistance.

Senior Justice Dept. Official Stalled Probe Against Former Interior Secretary Ryan Zinke, Sources Say
MSN – Juliet Eilperin and Matt Zapotosky (Washington Post) | Published: 11/12/2020

Deputy Attorney General Jeffrey Rosen deferred a bid from line prosecutors to move forward with possible criminal charges against former Interior Department Secretary Ryan Zinke, saying they needed to gather more evidence and refine the case, according to people familiar with the matter. The move last year by Rosen, an appointee of President Trump, angered some career prosecutors and has delayed for months the release of an Interior Department inspector general’s report. At issue is whether Zinke made false statements to investigators who were looking into his decision not to grant a petition by two Indian tribes to operate a commercial casino off reservation land in East Windsor, Connecticut.

Trump Fires Top DHS Official Who Refuted His Claims That the Election Was Rigged
MSN – Ellen Nakashima and Nick Miroff (Washington Post) | Published: 11/17/2020

President Trump fired a top Department of Homeland Security official who led the agency’s efforts to help secure the election and was vocal about tamping down unfounded claims of ballot fraud. Trump fired Christopher Krebs, who headed the Cybersecurity and Infrastructure Security Agency and led successful efforts to help state and local election offices protect their systems and to rebut misinformation. Krebs in a tweet refuted allegations that election systems were manipulated, saying “59 election security experts all agree, ‘in every case of which we are aware, these claims either have been unsubstantiated or are technically incoherent.'” Krebs’s statement amounted to a debunking of Trump’s central claim that the November election was stolen.

Watchdogs Urge Transparency as Executives from Powerful DC Firm Floated for Biden Administration
ABC News – Matthew Mosk and Mike Devine | Published: 11/12/2020

As speculation swirls over who President-elect Joe Biden will tap for top posts at intelligence and national security agencies, a number of names being publicly floated come from a Washington, D.C.-based firm packed with Obama-era powerbrokers. The company, WestExec Advisors, describes itself as a “strategic advisory firm” that helps private businesses navigate potential challenges around the world, including international laws, “geopolitical trends,” and “changes in Washington and in other capitals.” Unlike lobbying firms, which are usually required to disclose to the names of clients and government agencies they contact, WestExec falls into a different category of company, allowing it to operate with far less transparency.

With Trench Warfare Deepening, Parties Face Unsettled Electoral Map
New York Times – Jonathan Martin and Alexander Burns | Published: 11/15/2020

America’s two major parties had hoped the 2020 presidential election would render a decisive judgment on the country’s political trajectory. But after a race that broke records for voter turnout and campaign spending, neither Democrats nor Republicans have achieved a dominant upper hand. Instead, the election delivered a split decision, ousting President Trump but narrowing the Democratic majority in the House and perhaps preserving the Republican majority in the Senate. As Joe Biden prepares to take office and preside over a closely divided government, leaders in both camps are acknowledging voters seem to have issued not a mandate for the left or the right but a muddled plea to move on from Trump-style chaos.

Canada

Canada – Fitzgibbon Is the First Cabinet Minister to Be Reprimanded by National Assembly
Montreal Gazette – Jocelyne Richer | Published: 11/12/2020

Quebec Economy Minister Pierre Fitzgibbon became the first provincial minister to be reprimanded by the National Assembly. While he maintains he did nothing wrong, Fitzgibbon will have to live with the unanimous vote for the rest of his political career. An investigation by concluded Fitzgibbon placed himself in a situation where his personal interest could influence his independence and judgment as a cabinet minister because of his close friendship with businessperson and lobbyist Luc Laperrière. The report criticized Fitzgibbon for allowing Laperrière privileged access to him while the latter was promoting three business dossiers being handled by Fitzgibbon’s ministry.

From the States and Municipalities

Alaska – Voters Approve Alaska Ballot Measure 2 Which Adopts Top-Four Primaries, Ranked-Choice General Elections
Ballotpedia News – Ryan Byrne | Published: 11/18/2020

Ballot Measure 2 was approved by Alaska voters. It makes several changes to election policies, including: replacing partisan primaries with open top-four primaries for state executive, state legislative, and congressional offices; establishing ranked-choice voting for general elections, including the presidential election, in which voters can rank the candidates; and requiring persons and entities that contribute more than $2,000 that were derived from donations, contributions, dues, or gifts to disclose the true sources of the money.

California – California Lawmakers Head to Maui with Lobbyists Despite Pandemic, Travel Warnings
Politico – Katy Murphy | Published: 11/16/2020

The coronavirus pandemic did not derail an annual gathering of lobbyists and California lawmakers on the shores of Maui that brought people from across the country to a luxury resort. Roughly 100 people from four states converged at the Fairmont Kea Lani for a four-day legislative conference organized by the Independent Voter Project, said the group’s executive director, Dan Howle. The 18th annual event was a third of its regular size, Howle said, but it still drew nearly 20 lawmakers from California, Texas, and Washington state. The theme was how to reopen states’ economies amid the public health crisis.

California – Former Consultant for California High-Speed Rail Project Is Cleared of Ethics Violations
Yahoo News – Ralph Vartabedian | Published: 11/12/2020

The Fair Political Practices Commission investigation into the top consultant working on the California bullet train last year found he did not violate state law, following allegations he was among those who approved a contract modification for a company in which he held stock. The probe found Roy Hill, formerly the top official at the state’s main consulting firm, WSP, did not violate state laws for conflicts-of-interest. Hill was deputy chief operating officer for the project. The matter involved allegations Hill signed a $51-million change order for the construction team led by the Spanish firm Dragados. It happened in the same year he may have owned more than $100,000 of stock in Jacobs Engineering, which is part of the Dragados team.

California – Newsom’s Cozy Ties with Top Lobbyist Showcased by French Laundry Dinner Party
Politico – Jeremy White and Debra Kahn | Published: 11/16/2020

California Gov. Gavin Newsom is being criticized for his decision to attend a celebration for political operative Jason Kinney at the French Laundry in Napa County. After the private dinner was reported, Newsom said while the outdoor meal did not violate coronavirus restrictions, he showed poor judgment in attending. The meal also cast a brighter spotlight on Kinney and the dual clout he wields in the insular world of California politics. Kinney is not the first operative to blur the line between politics and policy. The doors between campaigns, administrations, and Sacramento’s lobbying corps have long swung open for people with contacts and experience to leverage.

Florida – State Investigating Mysterious Candidate Who Swayed Tight Florida Senate Race
Tampa Bay Times – Samantha Gross and Ana Ceballos | Published: 11/17/2020

The razor-thin victory that delivered Ileana Garcia to the Florida Senate and ousted Democrat José Javier Rodríguez continues to raise eyebrows for one reason: a mysterious third candidate named Alex Rodriguez. A one-time mechanic with no history in local politics, Alex Rodriguez never started a campaign website, attended no candidate forums, and received no donations, save for a $2,000 loan from himself. Mailers pitching his name sent to voters in the Coral Gables area were sent by a shadowy political group that, so far, has been untraceable. When a television reporter recently tracked Alex Rodriguez down, he pretended to be someone else.

Georgia – Ga. Secretary of State Says Fellow Republicans Are Pressuring Him to Find Ways to Exclude Ballots
MSN – Amy Gardner (Washington Post) | Published: 11/16/2020

Georgia Secretary of State Brad Raffensperger said he has come under increasing pressure from fellow Republicans, including U.S. Sen. Lindsey Graham, who he said questioned the validity of legally cast absentee ballots, in an effort to reverse President Trump’s narrow loss in the state. Raffensperger expressed exasperation over a string of baseless allegations coming from Trump and his allies about the integrity of the Georgia results, including claims that Dominion Voting Systems, the manufacturer of Georgia’s voting machines, is a “leftist” company with ties to Venezuela that engineered thousands of Trump votes to be left out of the count.

Illinois – City Council Divided Over Changing Naperville’s Campaign Finance Disclosure Rules
Chicago Tribune – Suzanne Baker (Naperville Sun) | Published: 11/18/2020

Proposed changes to the Naperville campaign ethics regulations to include finance disclosures for city council members raised as many questions as it did support. Council member Theresa Sullivan originally sought to amend the city’s ethics code to require council members and the mayor to recuse themselves from voting on any agenda item if the petitioner, or a representative of the petitioner, donated more than $500 to their most recent campaign. Sullivan said she has since realized a mandatory recusal opens the door to more unintended consequences than she anticipated. Instead, Sullivan said she supports an option where council members must announce any campaign donation of $500 or more before voting on any pertinent issue where a donor was either a petitioner or opponent.

Illinois – Feds Charge Former Top ComEd Executives, Lobbyists in Springfield Corruption Case
WBEZ – Dan Milhalopoulos, Dave McKinney, and Tony Arnold | Published: 11/18/2020

Federal prosecutors marched deeper into Illinois House Speaker Michael Madigan’s inner circle, charging longtime confidant Michael McClain and former Commonwealth Edison (ComEd) Chief Executive Officer Anne Pramaggiore in a bribery scheme designed to curry favor with the powerful speaker. Also charged are ex-ComEd lobbyist John Hooker and Jay Doherty, the former president of the City Club of Chicago, who was accused of helping to funnel hundreds of thousands of dollars to three people with ties to Madigan. ComEd admitted in July to an effort to win Madigan’s favor for rate increases and other legislation by funneling consulting payments to his allies for doing little or no work for the utility.

Louisiana – After IG’s Ouster, Stronger Whistleblower Laws Considered by New Orleans Ethics Review Board
Nola.com – Jeff Adelson | Published: 11/17/2020

The ouster of New Orleans’ inspector general could spark a move for more expansive whistleblower protection laws or more detailed oversight of that office, city council members were told. Following allegations of rampant absenteeism against Inspector General Derry Harper and reports he warned staff against taking their concerns over his head, Ethics Review Board Chairperson Michael Cowan said efforts were underway to tighten the reins. The potential challenge, he said, would be balancing greater oversight of the watchdog office with the need for it to remain independent of political influence.

Maine – Ethics Commission to Review Records of Maine Legislative ‘Leadership PACs’
Portland Press Herald – Kevin Miller | Published: 11/18/2020

The Maine ethics commission will review the finances of 15 so-called leadership PACs run by state lawmakers to ensure the groups are keeping accurate records and not violating state laws prohibiting personal use of PAC money. Members of the Commission on Governmental Ethics and Election Practices stressed the reviews were being conducted “without any suggestion of impropriety.” But they also acknowledged the structure of “leadership PACs” – political action committees set up by legislators to raise and spend money – means there may be fewer “checks and balances” than in larger organizations.

Michigan – Trump Coronavirus Adviser Tells Michigan to ‘Rise Up’ Against New Shutdown Orders
MSN – Katie Shepherd (Washington Post) | Published: 11/15/2020

Michigan Gov. Gretchen Whitmer closing colleges, high schools, workplaces, and in-person dining for three weeks as coronavirus cases have spiked. After she appealed to the Trump administration to intervene in the pandemic, White House coronavirus adviser Scott Atlas responded with a call to action. But instead of supporting Whitmer’s efforts to slow the spread of the virus in Michigan, he urged residents to reject the state’s public health guidelines. “The only way this stops is if people rise up,” Atlas said in a tweet, which quoted a reporter who had shared information about Whitmer’s new restrictions. Critics condemned the rhetoric, which mirrored President Trump’s statements that correlated “tyranny” with the restrictions put in place previously by Whitmer, who was the target of an alleged kidnap plot that was thwarted.

Michigan – U.S. Attorney Sought Records from Joan Jackson Johnson’s Charity; City Must Repay $234K in HUD Grants
Lansing State Journal – Sarah Lehr | Published: 11/13/2020

Federal prosecutors requested records from One Church One Family, a private charity formerly managed by Joan Jackson Johnson. Meanwhile, Lansing is preparing to repay $233,710 in federal grant money the U.S. Department of Housing and Urban Development concluded the city mismanaged during Jackson Johnson’s tenure as director of Human Relations and Community Services. Jackson Johnson retired in February after an external audit found she mismanaged city money and may have sought to “conceal” conflicts-of-interest by not properly disclosing them.

Michigan – Wayne County Republican Who Asked to ‘Rescind’ Her Vote Certifying Election Results Says Trump Called Her
MSN – Tom Hamburger, Kayla Ruble, and Tim Elfrink (Washington Post) | Published: 11/19/2020

President Trump called a Republican canvassing board member in Wayne County who announced she wanted to rescind her decision to certify the results of the presidential election. “I did receive a call from President Trump, late Tuesday evening, after the meeting,” Monica Palmer, one of two GOP members of the four-member board. “He was checking in to make sure I was safe after hearing the threats and doxing that had occurred.” The call came after an hours-long meeting in which the canvassing board voted to certify the results of the November 3 election, a key step toward finalizing President-elect Joe Biden’s victory in the state. The state said Palmer’s board has done its job and cannot retract its votes.

Missouri – Failure to Pay Ethics Fine Could Cost Bruce Franks About $75,000
St. Louis Post-Dispatch – Joe Hollerman | Published: 11/16/2020

After not making a payment in 10 months on a negotiated $14,000 fine, the Missouri Ethics Commission now contends that former state Rep. Bruce Franks Jr. owes more than $89,000. The state filed suit against Franks, saying he has not made a payment on the lower fine that was negotiated last year. The suit says Franks’ failure to make a payment on the agreed-upon amount now causes the remaining $75,000 of the fine to be restored.

Nevada – Former Tourism Exec Strikes Ethics Deal in Misuse of Gift Cards
Las Vegas Review-Journal – Jeff German | Published: 11/13/2020

Brig Lawson, a former executive with the Las Vegas Convention and Visitors Authority, agreed to pay $13,881 in state ethics fines for using agency-bought airline gift cards on personal travel. Lawson also will pay another $8,881 fine the Nevada Ethics Commission said is twice the value of the Southwest Airlines gift cards he and his domestic partner and his partner’s parents used for personal trips.

New Mexico – Modest Sunshine Still Leaves Campaign Cash in Shadow
New Mexico In Depth – Sara Swann (The Fulcrum) and Bryan Metzger | Published: 11/18/2020

What is happening in New Mexico illustrates that improving the transparency of how campaigns are financed can be done, but making progress often requires incremental steps that take a lot of time. It is an example of what states across the country must grapple with when they seek to slow the influence of money over their own politics, at a time when federal regulation of presidential and congressional elections has shriveled. Money still floats through the state’s elections while remaining out of public view because a new law did  not strengthen donor disclosure requirements for PACs.

New York – After Cuomo Book Approval, Ethics Commissioners Quash Greater Scrutiny
The Telegraph – Chris Bragg (Albany Times Union) | Published: 11/17/2020

Staff for the New York Joint Commission on Public Ethics (JCOPE) has long issued informal advisory opinions to public officials seeking advice about how to conduct themselves properly under state ethics and lobbying laws. In 2012, commissioners passed a resolution allowing staff to do that work between meetings. At the same time, state law requires JCOPE to engage in a formal process: approving or disapproving requests by state employees to earn over $5,000 in outside income. In practice, JCOPE’s informal advisory opinions have become conflated with the formal approval process. Staff has used the opinion letters to approve or disapprove the formal requests to earn income, even though nothing in the resolution passed by commissioners granted staff that authority.

New York – Despite State Law, Democrats’ Seats on Ethics Panel Remain Vacant
Albany Times Union – Chris Bragg | Published: 11/16/2020

The New York Joint Commission on Public Ethics (JCOPE) has been short two commissioners for more than a year, due to Assembly Speaker Carl Heastie and Senate Majority Leader Andrea Stewart-Cousins not following that law that a commissioner must be replaced within 30 days by the government leader responsible for making that appointment. Gov. Andrew Cuomo appoints six commissioners, three Republicans and three Democrats. Among Republican lawmakers, Senate Minority Leader Robert Ortt has three picks and Assembly Minority Leader Will Barclay has one. Senate Democratic spokesperson Mike Murphy said JCOPE has “well-documented problems which make it hard to find people that would want to serve.”

Ohio – FBI Searches Public Utilities Commission of Ohio Chairman Sam Randazzo’s Home
Cleveland Plain Dealer – Jeremy Pelzer and Andrew Tobias | Published: 11/16/2020

FBI agents searched a home owned by Sam Randazzo, chairperson of the Public Utilities Commission of Ohio (PUCO). An FBI spokesperson declined to provide details about why the home was searched. The PUCO chair is one of the most powerful positions in state government, wielding influence on matters regarding the regulation of utilities in the state to include profits and rates charged to customers. The search comes after the FBI arrested then- House Speaker Larry Householder and four others in connection to a $60 million bribery scheme allegedly funded by FirstEnergy, which was seeking a $1 billion legislative bailout for its two nuclear power plants in the state.

Ohio – How FBI Agents Posed as Cincinnati Hotel Developers to Catch Suspects in 2 Ohio Bribery Scandals
MSN – Jessie Balmert (Cincinnati Enquirer) | Published: 11/12/2020

Lobbyist Neil Clark did not realize, while chatting with hotel developer clients after a Cincinnati Reds game, that he was talking with undercover FBI agents working to uncover two bribery schemes. The first was against Cincinnati City Councilperson Jeff Pator, who is accused of accepting bribes in exchange for his vote on development projects. The second was against Clark, former Ohio House Speaker Larry Householder, and three others. They are accused of orchestrating a nearly $61 million bribery scheme to seize control of the House, pass a bailout for nuclear plants, and defend those subsidies against a ballot initiative. Those two apparently unconnected, widespread bribery investigations converged in Cincinnati.

Ohio – Sundermann, Landsman Propose Reforms After 2 Council Members Accused of Taking Bribes
MSN – Jennifer Edwards Baker (WXIX) | Published: 11/16/2020

Cincinnati City Councilmembers Greg Landsman and Betsy Sundermann separately announced a series of proposed City Hall reforms, including a charter amendment that would allow for recall of people in office and a creating a city Ethics Commission. The announcements come on the heels of two councilmembers, Tamaya Dennard and Jeff Pastor, being arrested on charges that allege “pay-to-play” schemes. Pastor was accused of taking $55,000 in bribes, allegation he has vowed to fight. Dennard, who has resigned, was arrested after she promised a developer she would vote for a development project in exchange for $15,000.

Pennsylvania – Pennsylvania Supreme Court Rejects Complaints About Philadelphia Election Observations
Politico – Zach Montellaro and Josh Gerstein | Published: 11/17/2020

The Pennsylvania Supreme Court ruled observers’ rights to watch ballot counting was sufficient in Philadelphia, rejecting a claim from President Trump’s campaign that poll observers did not get “meaningful access.” The Trump campaign argued observers were stationed too far away to see the process of counting votes, and a lower court initially agreed with them, ordering that they be allowed closer to the process. The state Supreme Court, which had previously rejected other Republican arguments, vacated that lower court order.

Pennsylvania – Top Pa. Senator’s Campaign Revives Lawsuit Against Journalists Over Public Records Fees
PennLive – Mike Wereschagin (The Caucus) | Published: 11/12/2020

The campaign of Senate President Pro Tempore Joe Scarnati renewed its lawsuit against a Spotlight PA journalist and others, asking the Jefferson County Court of Common Pleas to overturn a lower court’s dismissal of the case. Scarnati’s campaign sued The Caucus, Caucus Bureau Chief Brad Bumsted, and Spotlight PA reporter Angela Couloumbis for $5,070. The suit claims they owe an accounting firm the money for producing public records that documented questionable spending by Scarnati’s campaign. The campaign also wants $1,000 for attorney fees and court costs.  A judge ruled Scarnati’s campaign should pay the accounting firm.

Tennessee – Nashville Council Members Call for Ethics Review of Actions by Colleague Robert Swope
The Tennessean – Yihyng Jeong | Published: 11/16/2020

Council members are calling for an ethics review of Metro Council member Robert Swope’s conduct after recent reports say he tried to steer government contracts to his company. A letter has circulated gauging interest among council members in asking Swope to seek an advisory opinion from the Metro Board of Ethical Conduct. The concerns follow news reports that uncovered emails showing Swopes last year tried to get city contracts Intelligent Transit and also attempted to initiate a loan proposal to lend Metro $500 million from a company he is affiliated with, in exchange for ownership of some future city infrastructure.

Texas – FBI Is Investigating Texas Attorney General Ken Paxton, AP Report Says
Texas Tribune – Emma Platoff | Published: 11/17/2020

The FBI is investigating Texas Attorney General Ken Paxton, the Associated Press reported, vetting allegations made by eight of Paxton’s former top aides that he illegally used the power of his office to benefit a political donor. Sources said the bureau was examining claims made by the whistleblowers that Paxton broke the law by intervening several times in legal matters involving Nate Paul, a real estate investor and friend who donated $25,000 to Paxton’s campaign in 2018. Aides told authorities they believed Paxton had committed crimes as part of his relationship with Paul, citing bribery and abuse of office. Since then, four aides have been fired, three have resigned, and one has been placed on leave, sparking a whistleblower lawsuit.

Virginia – Charges Dismissed Against State Sen. Louise Lucas in Vandalism of Portsmouth’s Confederate Monument
Virginian-Pilot – Margaret Matray | Published: 11/16/2020

A judge dismissed charges against Virginia Sen. Louise Lucas and all others charged in a June protest at Portsmouth’s Confederate monument at the request of the city’s top prosecutor, who said the elements of the charges were not properly met. The felony charges against Lucas and 18 others – including local NAACP leaders, several public defenders, and a school board member –stem from a protest and vandalism at the city’s Confederate monument. Activists and Democrats questioned the timing of the charges, which came a day before a General Assembly special session. Lucas, a veteran Democratic legislator, has been an outspoken advocate for police reform.

Washington – After Years of Preamble, Tim Eyman’s Trial Begins. Could It Mean the End of His Initiatives?
Wenatchee World – David Gutman (Seattle Times) | Published: 11/16/2020

Tim Eyman has spent decades running initiatives to lower taxes and advance conservative policies in Washington. He now stands accused of laundering political donations to enrich himself, accepting kickbacks from a signature-gathering firm, and a years-long refusal to comply with campaign finance laws. State Attorney General Bob Ferguson, whose 2017 lawsuit precipitated the civil trial, seeks millions of dollars in damages and hopes to permanently bar Eyman from accepting money on behalf of any political committee or handling their finances. Eyman has personally received and concealed more than $1 million, Ferguson says.

West Virginia – W.Va. Lobbyist Puccio Crosses Political Streams to Advise Democrat Manchin, Republican Justice
West Virginia MetroNews – Brad McElhinny | Published: 11/15/2020

Larry Puccio has been walking a political tightrope. His path crosses influence, access, politics, loyalty, friendship, and no small degree of personal finance against the backdrop of a West Virginia that is transitioning from longtime Democratic dominance toward Republican power. He is a lobbyist, former state Democratic Party chairperson, and ex-chief of staff for U.S. Sen. Joe Manchin when he was governor. But this political season, Puccio pushed for the re-election of Gov. Jim Justice, a Republican who first won office as a Democrat.

Campaign Finance

New Mexico: “Modest Sunshine Still Leaves Campaign Cash in Shadow” by Sara Swann (The Fulcrum) and Bryan Metzger for New Mexico In Depth

Elections

National: “Trump Fires Top DHS Official Who Refuted His Claims That the Election Was Rigged” by Ellen Nakashima and Nick Miroff (Washington Post) for MSN

Florida: “State Investigating Mysterious Candidate Who Swayed Tight Florida Senate Race” by Samantha Gross and Ana Ceballos for Tampa Bay Times

Pennsylvania: “Pennsylvania Supreme Court Rejects Complaints About Philadelphia Election Observations” by Zach Montellaro and Josh Gerstein for Politico

Ethics

Louisiana: “After IG’s Ouster, Stronger Whistleblower Laws Considered by New Orleans Ethics Review Board” by Jeff Adelson for Nola.com

New York: “After Cuomo Book Approval, Ethics Commissioners Quash Greater Scrutiny” by Chris Bragg for Albany Times Union

Legislative Issues

National: “6 Lawmakers in 5 Days: New COVID-19 infections put spotlight on Congress’ loose guidelines” by Christal Hayes for USA Today

Lobbying

National: “Corporations and Foreign Nations Pivot to Lobby Biden” by Kenneth Vogel and Eric Lipton for New York Times

California: “Newsom’s Cozy Ties with Top Lobbyist Showcased by French Laundry Dinner Party” by Jeremy White and Debra Kahn for Politico

Campaign Finance

National: “Pelosi, Democrats Renew Push to Overhaul Election, Campaign Finance Laws” by Kate Ackley for Roll Call

Missouri: “Failure to Pay Ethics Fine Could Cost Bruce Franks About $75,000” by Joe Hollerman for St. Louis Post-Dispatch

Elections

National: “Fewer Opportunities and a Changed Political Environment in the U.S. May Have Curbed Moscow’s Election Interference This Year, Analysts Say” by Ellen Nakashima (Washington Post) for MSN

Georgia: “Ga. Secretary of State Says Fellow Republicans Are Pressuring Him to Find Ways to Exclude Ballots” by Amy Gardner (Washington Post) for MSN

Ethics

New York: “Despite State Law, Democrats’ Seats on Ethics Panel Remain Vacant” by Chris Bragg for Albany Times Union

Ohio: “FBI Searches Public Utilities Commission of Ohio Chairman Sam Randazzo’s Home” by Jeremy Pelzer and Andrew Tobias for Cleveland Plain Dealer

Tennessee: “Nashville Council Members Call for Ethics Review of Actions by Colleague Robert Swope” by Yihyng Jeong for The Tennessean

Lobbying

California: “California Lawmakers Head to Maui with Lobbyists Despite Pandemic, Travel Warnings” by Katy Murphy for Politico

Procurement

National: “NASA Official Asked Boeing If It Would Protest a Major Contract It Lost. Instead, Boeing Resubmitted Its Bid” by Christian Davenport (Washington Post) for MSN

Campaign Finance

Washington: “After Years of Preamble, Tim Eyman’s Trial Begins. Could It Mean the End of His Initiatives?” by David Gutman for Seattle Times

Ethics

National: “Biden’s IRS Could Finally Give Trump’s Tax Returns to Democrats” by Brian Faler for Politico

National: “Palazzo’s Campaign Spending Under Investigation. ‘What We Saw Was Outrageous,’ Rival Says” by Margaret Baker and Anita Lee for Biloxi Sun Herald

National: “GOP Shows Limited Appetite for Pursuing Biden Probes” by Alexander Bolton for The Hill

Michigan: “U.S. Attorney Sought Records from Joan Jackson Johnson’s Charity; City Must Repay $234K in HUD Grants” by Sarah Lehr for Lansing State Journal

Michigan: “Trump Coronavirus Adviser Tells Michigan to ‘Rise Up’ Against New Shutdown Orders” by Katie Shepherd (Washington Post) for MSN

Ohio: “Sundermann, Landsman Propose Reforms After 2 Council Members Accused of Taking Bribes” by Jennifer Edwards Baker (WXIX) for MSN

Pennsylvania: “Top Pa. Senator’s Campaign Revives Lawsuit Against Journalists Over Public Records Fees” by Mike Wereschagin (The Caucus) for PennLive

Virginia: “Charges Dismissed Against State Sen. Louise Lucas in Vandalism of Portsmouth’s Confederate Monument” by Margaret Matray for Virginian-Pilot

National/Federal

Biden’s DOJ Must Determine Whether Trump Should Be Prosecuted
Bloomberg Law – David Yaffe-Bellany and Billy House | Published: 11/9/2020

Joe Biden won the presidency promising to bring Americans together. But now his administration is sure to come under pressure from some Democrats to risk exacerbating divisions by investigating and prosecuting President Trump. Although Biden has said prosecuting a former president would be a “very unusual thing and probably not very good for democracy,” he also vowed in an NPR interview in August that he would not “interfere with the Justice Department’s judgment of whether or not they think they should pursue the prosecution of anyone that they think has violated the law.”

Bipartisan Super PAC Protest Gives Up the Ghost at High Court
Courthouse News Service – Jack Rodgers | Published: 11/9/2020

The U.S. Supreme Court declined to hear a lawsuit from congressional Democrats challenging the legality of super PACs, which can raise and spend unlimited amounts of money in support of candidates. The lawmakers’ case challenged an appeals court decision from 2010 that eliminated any financial contribution limits to PACs that are not affiliated with a candidate or party. They argued there is little sense in capping individual contributions to candidates while allowing independent groups to raise as much as they want in support of candidates.

Echoing Trump, Congressional Candidates Refuse to Concede, Make Unproven Fraud Claims
MSN – Teo Armus (Washington Post) | Published: 11/10/2020

Errol Webber was never expected to have much of a chance at winning his race for Congress. The Republican had challenged a popular incumbent, U.S. Rep. Karen Bass in a deep-blue swath of Los Angeles, so it was no surprise returns showed him losing by more than 72 percentage points. But that did not stop Webber from questioning the results in California’s 37th Congressional District. “I’m going to the Los Angeles County Registrar’s Office in Norwalk today to audit the vote counting procedures,” Webber wrote. As President Trump makes unfounded allegations of voting fraud and demands a recount in the presidential election, his rhetoric and unwillingness to concede appear to be trickling down the ballot.

Fighting Election Results, Trump Employs a New Weapon: The government
New York Times – Peter Baker and Lara Jakes | Published: 11/10/2020

President Trump, facing the prospect of leaving the White House in defeat, is harnessing the power of the federal government to resist the results of an election he lost, something that no sitting president has done in American history. The standoff left the U.S. in the position of the kind of country whose weak democratic processes it often criticizes. Rather than congratulating Biden and inviting him to the White House, as his predecessors traditionally have done after an election changed party control, Trump has been marshaling his administration and pressuring his Republican allies into acting as if the outcome were still uncertain, either out of faint hope of actually overturning the results or at least creating a narrative to explain his loss.

Growing Discomfort at Law Firms Representing Trump in Election Lawsuits
New York Times – Jessica Silver-Greenberg, Rachel Abrams, and David Enrich | Published: 11/9/2020

Jones Day is the most prominent firm representing President Trump and the Republican Party as they prepare to wage a legal war challenging the results of the election. The work is intensifying concerns inside the firm about the propriety and wisdom of working for Trump, according to lawyers at the firm. Some senior lawyers at Jones Day are worried it is advancing arguments that lack evidence and may be helping Trump and his allies undermine the integrity of American elections. At another large firm, Porter Wright Morris & Arthur, lawyers have held internal meetings to voice similar concerns about their firm’s election-related work for Trump and the GOP. At least one lawyer quit in protest.

Harris’ Husband, Doug Emhoff, Poised to Break Stereotypes
Associated Press News – Kathleen Roynane | Published: 11/11/2020

Doug Emhoff, the husband of Vice President-elect Kamala Harris, will leave his private law practice by Inauguration Day to focus on his role at the White House. “We’ve been waiting for this sort of gender switch for decades now,” said Kim Nalder, a political science professor who has focused on women and gender. Emhoff’s decision to cut ties with DLA Piper also offered an early test of how a Biden administration would avoid potential ethical issues. While Emhoff is not a lobbyist, the firm has a large presence lobbying the federal government on behalf of clients including Comcast, Raytheon, and the government of Puerto Rico. He took a leave of absence from the firm in August when Biden chose Harris as his running mate.

Job-Seeking Trump Officials Likely to Get Chilly Reception on K Street
The Hill – Alex Gangitano | Published: 11/9/2020

White House aides and other administration officials looking to pivot to lobbying following President Trump’s defeat are likely to get a cool reception on K Street. Most lobbying firms are not eager to snatch up Trump staffers, since in the eyes of employers they carry more risk than reward, several veteran lobbyists said. The job market will be even more difficult for younger aides with little previous experience. One lobbyist said Trump aides need something other than the 45th president on their resumes.

K Street Not Waiting for Trump to Concede the Presidential Race
Roll Call – Kate Ackley | Published: 11/10/2020

Even as President Trump balked at conceding the election, lobbying interests that span the political and policy spectrum began to publicly congratulate President-elect Joe Biden and Vice President-elect Kamala Harris as soon as The Associated Press and television networks projected their victory.  Not only that, business groups and other K Street interests have begun to reach out to the incoming Biden administration on policy and personnel matters, seeking to shape the agenda of the coming years. Still, even as the nation’s lobbying sector works to influence the incoming Biden administration, it is not clear how receptive the transition, or the new administration, might be to the perspectives of K Street.

Kamala Harris, Daughter of Jamaican and Indian Immigrants, Elected Nation’s First Female Vice President
MSN – Chelsea Janes (Washington Post) | Published: 11/7/2020

A vice president-elect stepped forward and, for the first time in American history, it was not a man. Kamala Harris, a daughter of Indian and Jamaican immigrants, is set to become the highest-ranking woman in the nation’s 244-year existence, as well as a high-profile representation of the country’s increasingly diverse composition. Harris’s victory comes 55 years after the Voting Rights Act abolished laws that disenfranchised Black Americans, 36 years after the first woman ran on a presidential ticket and four years after Democrats were devastated by the defeat of Hillary Clinton, the only woman to win the presidential nomination of a major party. Harris emerged in all white, a nod to the uniform of the suffragists who fought to enfranchise women 100 years ago, an embodiment of what was once just a dream for so many.

Less Travel, More Zoom: Some COVID-19 campaign changes may endure
Roll Call – Kate Ackley | Published: 11/9/2020

COVID-19 upended campaigning as we knew it: candidates, realizing it was taboo to cuddle babies or shake hands during a pandemic, moved to Zoom events to woo voters. Donors shifted from mingling at the hors d’oeuvres buffet to getting takeout and sipping cocktails in front of their screens. The rapid explosion in digital donating and get-out-the-vote efforts are likely to remain, particularly among Democratic candidates.  The ease of traversing the country from the comforts of home will be hard to give up entirely, even though candidates and consultants from both parties say they do still crave and will again embrace the in-person, human interaction of retail politics on the trail.

‘My Faith Is Shaken’: The QAnon conspiracy theory faces a post-Trump identity crisis
MSN – Drew Harwell and Craig Timberg (Washington Post) | Published: 11/10/2020

The “Q” of the infamous QAnon conspiracy theory has gone quiet before. But the abrupt lack of posts from Q since Election Day, which the anonymous figure had touted for months as a key moment of reckoning, has sparked speculation and alarm among the movement’s most ardent followers. President Trump’s election loss and the week-long disappearance of their unnamed prophet have wrenched some QAnon believers into a crisis of faith, with factions voicing unease about their future or rallying others to stay calm and “trust the plan.” Some QAnon proponents have begun to publicly grapple with reality and question whether the conspiracy theory is a hoax. “Have we all been conned?” one user wrote on 8kun.

Pressure Mounts on State Republicans as Lawsuits Challenging Election Results Founder
Washington Post – Elise Viebeck, Tom Hamburger, John Swain, and Emma Brown | Published: 11/11/2020

Pressure mounted on state and local officials in battleground states to accept claims of ballot-counting irregularities and voter fraud in the election despite a lack of evidence, as Republicans sought new ways to block certification of Joe Biden’s clear victory in the presidential race. The efforts in Michigan, Pennsylvania, and Georgia these states – where Biden has won or is leading in the count – come as the Trump campaign struggles to amass genuine evidence of fraud that will pass muster in court. Republican lawsuits seeking to challenge the election results so far have foundered, and affidavits cited as proof of election fraud in cities such as Detroit have failed to substantiate serious claims that votes were counted illegally.

QAnon Goes to Washington: Two supporters win seats in Congress
Roll Call – Katherine Tully-McManus | Published: 11/5/2020

QAnon is heading to Congress, as Marjorie Taylor Greene, a supporter of the baseless and complicated pro-President Trump conspiracy theory, won a House seat in Georgia, and Lauren Boebert claimed a House seat in Colorado. While those wins are the first by Republican candidates who publicly backed the wide-ranging delusion centered on allegations of a “deep state’ undermining Trump and liberals trafficking children, they will join a GOP conference that may already host some “Q-curious” members.

Record Number of House GOP Women Just One of Many ‘Firsts’ for 117th Congress
Roll Call – Katherine Tully-McManus | Published: 11/12/2020

Republicans will have at least 26 women in the House, the most they have ever had and more than double what they have now, when the 117th Congress convenes in January. That figure, which grew by two when races in California and Texas were called for Michelle Steel and Beth Van Duyne, could still grow further, with GOP women leading in four of the 15 races still uncalled. The change to the gender composition of the House GOP is just one of many coming to the next Congress, which will also blaze trails on race, sexual orientation, and age.

‘Stop the Steal’ Supporters, Restrained by Facebook, Turn to Parler to Peddle False Election Claims
Boston Globe – Elizabeth Dwoskin and Rachel Lerman (Washington Post) | Published: 11/10/2020

As President Trump and his allies continue to contest Joe Biden’s victory, social media has become central to sustaining efforts to delegitimize the results. Yet those campaigns are resulting in the most high-stakes cat-and-mouse game for Facebook and other social media companies to date. The companies are banning groups and hashtags, altering search results, labeling posts, down-ranking problematic content, and implementing a host of measures to ward off misinformation. One sign of the impact of these actions is the renewed interest in Parler. The app has a free-speech doctrine and has become a haven for groups and individuals kicked off Facebook. Parlor now boasts 7.6 million user accounts compared with 4.5 million about a week ago, said Chief Operating Officer Jeffrey Wernick.

Trump Solicits ‘Election Defense’ Donations That Also Finance His New Leadership PAC
MSN – Michelle Ye Hee Lee (Washington Post) | Published: 11/11/2020

President Trump’s supporters have been peppered with texts and emails asking for donations to support legal battles contesting his loss to Joe Biden. But details in the fine print show a small portion of the contributions would go toward these “election defense” funds to support recounts and lawsuits in several swing states. The majority of each donation goes to a PAC called Save America, which Trump set up in recent days and will allow him to support candidates and maintain political influence in Washington even after leaving office. The so-called leadership PAC is a loosely regulated fundraising vehicle that allows current and former elected officials to raise and spend money to maintain relationships with donor and help their political allies.

Canada

Canada – Chrystia Freeland’s Policy Adviser Agrees to Ethics Screen Related to Lobbyist Spouse
Globe and Mail – Bill Curry | Published: 11/10/2020

Canadian Finance Minister Chrystia Freeland’s policy director, Leslie Church, has agreed to an ethics screen to manage potential conflicts-of-interest involving Sheamus Murphy, her lobbyist husband, who regularly meets with senior federal officials on behalf of corporate clients. Murphy is a partner with the lobbying firm Counsel Public Affairs. Opposition Members of Parliament say they question why a screen is being applied only now, even though Church has worked for Liberal cabinet ministers since 2015. A spokesperson for Freeland said Church has been in regular contact with the ethics commissioner’s office since 2015 and has followed its advice.

From the States and Municipalities

Alabama – Alabama Prosecutor Indicted on Ethics Charges, Free on Bond
Associated Press News – Staff | Published: 11/9/2020

An Alabama prosecutor was indicted on five felony charges of using his office for personal gain by allegedly using his position to benefit his family and conspiring to steal a pickup truck. Lee County District Attorney Brandon Hughes was charged with illegally hiring his three children to work for his office and paying private lawyers with public funds to settle a matter that helped him and his wife. He was also charged with issuing a subpoena to a company to gather evidence for his own potential defense. The state said Hughes allegedly tried to steal a 1985 Ford Ranger pickup truck from a business in neighboring Chambers County by hatching a plan to use a search warrant to make a business give up the vehicle.

Arizona – Arizona’s Political Transformation Began Long Before Biden Was on the Ballot
MSN – Jose Del Real and Hannah Knowles (Washington Post) | Published: 11/7/2020

Arizona’s transformation from a onetime conservative stronghold to a swing state capable of deciding this year’s presidential election is the result of a decade of work by Mexican American activists, soaring demographic change, and the consolidation of independent voters behind Joe Biden. He was also buoyed by President Trump’s repeated attacks on the state’s late U.S. senator, John McCain, whose wife endorsed Biden, and by the strong and well-funded campaign of former astronaut Mark Kelly, a Democrat who won McCain’s old seat.

California – Biden Win Sets Off Rush for Harris’ Senate Seat in California
Politico – Carla Marinucci | Published: 11/7/2020

Launching Kamala Harris into the White House as vice president come January has officially kicked off one of Gov. Gavin Newsom’s biggest political decisions: appointing California’s next U.S. senator. Many Newsom insiders insist the governor wants to make a historic choice, making Secretary of State Alex Padilla a leading contender. If picked, Padilla, a longtime Newsom supporter, would become the first Latino senator in the state’s 170-year history. The governor also has to contend with women’s groups who have also pressured him to fill Harris’ seat with another woman of color, putting U.S. Rep. Karen Bass, the head of the Congressional Black Caucus, high on the list.

California – California Campaign Finance Complaints Rose Sharply in 2020
Los Angeles Times – Patrick McGreevy | Published: 11/6/2020

The California Fair Political Practices Commission saw a big jump in the number of complaints alleging campaign finance violations for the November election, even in comparison to the tumultuous 2016 presidential election year, and dozens of investigations are ongoing, officials say. The complaints allege violations of campaign laws regarding state and local elections, including whether campaigns properly reported contributions and how they were spent, as well as whether political ads included required disclosures, such as who paid for them. The turmoil over the contest between President Trump and Joe Biden has raised the political temperature for other contests as well, experts say.

California – Man Who Conspired to Make Illegal Contributions to 2012 Mayoral Candidates Gets 1 Year in Prison
KSWB – City News Service | Published: 11/9/2020

A self-proclaimed “campaign guru,” who was previously convicted and sentenced for conspiring with a Mexican billionaire to make nearly $600,000 in illegal campaign contributions to a pair of 2012 San Diego mayoral candidates, was re-sentenced to one year in federal prison, after an appeals court invalidated one of his convictions. Ravneet Singh was convicted in 2016 of conspiring with Jose Susumo Azano and others to inject hundreds of thousands of dollars into the campaigns of Bonnie Dumanis and Bob Filner, even though Azano’s status as a foreign national made such contributions illegal. Singh was also fined $10,000.

Florida – Plantation Mayor Was Hiding Public Records, Inspector General Says
South Florida Sun Sentinel – Wells Dusenbery | Published: 11/5/2020

Broward County’s inspector general concluded the mayor of one of Broward’s biggest cities broke the law with a range of violations from hiding public records to falsifying campaign finance documents. Plantation Mayor Lynn Stoner could face serious recourse, and potential charges, after an investigation uncovered numerous violations of open government and campaign finance laws. The inspector general said Stoner unlawfully overdrew her campaign account and then made an illegal, post-election loan to cover the overdraft. She later filed false campaign treasurer reports to cover up the overdraft and illegal contribution, according to the report.

Georgia – How Stacey Abrams and Her Band of Believers Turned Georgia Blue
Politico – Maya King | Published: 11/8/2020

Those leading the effort to flip Georgia from red to blue – a group composed of Black female elected officials, voting rights advocates, and community organizers – understood why Democrats had often fallen short in the South the past decade. Topping the list of reasons: the region’s conservative bent, voter suppression tactics by the right, and the failure by Democrats to mount a sustained voter outreach program. Stacey Abrams’ close loss in Georgia’s gubernatorial election made clear to her and other liberals that demographic shifts had reached a tipping point. They argued Democrats could win more races by expanding their coalition to include disengaged voters of color, as opposed to continuing the focus on persuading undecided, moderate, often white voters.

Hawaii – Ethics Complaint Filed After Honolulu Lobbyist Fails (Again) To Register
Honolulu Civil Beat – Anita Hofschneider | Published: 11/10/2020

David Arakawa is the executive director of the Land Use Research Foundation, a group that lobbies on behalf of landowners and developers in Hawaii. He has not registered to lobby City Hall despite advocating against recent legislative proposals to reshape Honolulu’s parking and urban-planning policies. Marti Townsend, who leads the Hawaii chapter of the environmental group Sierra Club, filed a complaint with the city ethics commission highlighting Arakawa’s failure to register to lobby. It was reported in 2018 that Arakawa failed to register as a lobbyist. After the story, he registered, but Arakawa’s name is also missing from Honolulu’s 2019 list of registered lobbyists. Despite registering in 2018, he does not appear to have filed a required annual report detailing his spending that year.

Illinois – Election Fraud Allegations from 2016 Heard in Appellate Court as Federal Probe Swirls Around Democratic Boss Michael Madigan
Yahoo News – Jason Meisner (Chicago Tribune) | Published: 11/10/2020

The corruption investigation swirling around Illinois House Speaker Michael Madigan bled into arguments before a federal appeals panel over a lawsuit alleging Madigan conspired to put up two “sham” candidates with Hispanic names to confuse voters in the 2016 Democratic primary. Lawyers for plaintiff Jason Gonzales were in court to argue the appeals court should overturn a lower court ruling which tossed out allegations of election fraud by Madigan’s political operation. The lead attorney for Gonzales, Anthony Peraica, used the ongoing criminal investigation to try to make his point, even though the alleged misconduct in the case before the panel took place years before the federal criminal probe came to light. The investigation is illustrative of how Madigan exercises control over the state’s politics to his own personal gain, Peraica argued.

Illinois – Ethics Board Investigating Ald. Brookins’ Decision to Represent Former Ald. Moreno
WTTW – Heather Cherone | Published: 11/9/2020

Former Ald. Proco Joe Moreno, facing felony charges of obstruction of justice and insurance fraud, has a new lawyer – Ald. Howard Brookins, who is now under investigation himself. Brookins’ decision to represent his former colleague on the city council appears to have violated a ruling from the Chicago Board of Ethics that banned aldermen who are attorneys from defending clients in criminal cases involving the Police Department. Cook County prosecutors allege Moreno falsely claimed both to police and his insurance agency that his Audi A6 had been stolen out of his garage. But Moreno allegedly turned the vehicle and its keys over willingly only hours earlier to a woman he had previously dated.

Kansas – ‘Hit’ Tweet Against Kansas Governor Has Dems Seeking Ouster
Associated Press News – John Hanna | Published: 11/5/2020

Aaron Coleman, a Democratic candidate who admitted to circulating revenge porn and was charged at the age of 14 with threatening to shoot a high school student, won a state House seat in Kansas, and party leaders promised to try to oust him after what they saw as a threat against the governor. A political operative provided The Associated Press with a screen shot of a tweet in which Coleman predicted Gov. Laura Kelly would face an “extremely bloody” Democratic primary in two years. “I’m not playing around,” Coleman wrote in the tweet. “People will realize one day when I call a hit out on you it’s real.”

Maryland – Lobbyists Prepare for Challenges with Md. General Assembly as COVID-19 Pandemic Continues
WTOP – Josh Kurtz (Maryland Matters) | Published: 11/9/2020

For decades, legislative advocacy in Annapolis has looked largely the same: well-resourced entities sign up a plugged-in lobbyist – often an ex-legislator or top-ranking former government staffer – to plead their case, while nonprofits and activist groups rely as much on grassroots organizing or in-house lobbyists as on high-paid hired guns. But with the General Assembly’s presiding officers making public declarations in recent days about what the first full legislative session in the age of COVID-19 is going to look like when lawmakers return, advocates for corporate interests and activist groups alike are coming to grips with the idea their daily routines are going to change drastically, at least for the three-month session that will begin in January.

Massachusetts – Quincy Firm Pays $250,000 to Settle Allegations of Illegal Campaign Donations
MSN – Shelley Murphy (Boston Globe) | Published: 11/9/2020

A real estate development firm was fined $250,000 after Massachusetts officials discovered it funneled company funds to employees and instructed them to make more than $57,000 in illegal contributions to the campaign finance accounts of city and state officials, including $10,000 to Gov. Charlie Baker. Since 2017, Boston Property Ventures President Richard McDonald padded the personal bank accounts of 16 employees with company funds and instructed them to make contributions to designated candidates, an investigation by the Office of Campaign and Political Finance found. It is the second-largest fine for campaign finance violations in state history and the second violation of this nature for Boston Property Ventures.

Missouri – Former Missouri Lawmaker Admits Misusing Campaign Funds
St. Louis Post-Dispatch – Robert Patrick | Published: 11/6/2020

Former Missouri Rep. Courtney Curtis could face at least a year in prison after admitting in court he used more than $47,000 in campaign funds for personal expenses. Curtis in 2016 and 2017 defrauded campaign donors by using their contributions for personal expenses, including for apartment rent, utilities, hotel, airfare, and travel expenses and to cover bills at restaurants and bars, Assistant U.S. Attorney Hal Goldsmith said. Curtis also made cash withdrawals and deposited campaign money into his personal bank account.

New Jersey – Birdsall Exec Convicted in High-Profile Pay-to-Play Scheme Loses Professional Licenses
Newark Star Ledger – Samantha Marcus (NJ Advance Media) | Published: 11/10/2020

Two New Jersey professional boards stripped a former Birdsall Group executive of his professional licenses more than three years after he pleaded guilty and was sentenced to 270 days in jail for funneling illegal campaign contributions to politicians. James Johnston was one of eight former executives, shareholders, and managers at the now-defunct firm who pleaded guilty. The firm, which received millions of dollars in government engineering contracts, went out of business after admitting it flouted state campaign finance laws. It was accused of funneling more than $1 million in corporate political contributions through employees to get around New Jersey’s “pay-to-play” law, which would have disqualified it from winning government contracts.

New York – After Cuomo Book Approval, Rancor and Rebuke at Ethics Agency
Alton Telegraph – Chris Bragg (Albany Times Union) | Published: 11/11/2020

Before a deal was struck to publish “American Crisis,” New York Gov. Andrew Cuomo’s new best-selling book, the governor had to gain approval for the venture from the Joint Commission on Public Ethics (JCOPE). Cuomo’s office has provided little information about that approval process but has noted on several occasions that JCOPE did approve the publishing deal. Yet two weeks after the book’s October release, a JCOPE member publicly questioned how much weight the agency’s opinions on such matters really carry, sparking an extraordinary response from Cuomo’s appointees on the panel.

New York – N.Y.’s Green and Libertarian Political Parties in Peril as Working Families Party Avoids Disaster
New York Daily News – Denis Slattery | Published: 11/9/2020

The Green Party of New York is feeling blue but vowing to fight on after failing to get enough votes in the presidential election to remain on the ballot in the Empire State. An election law overhaul related to New York’s soon-to-be-implemented public matching funds program significantly increased the threshold needed for parties to retain their line on the state ballot, a blow to third parties. According to the new rules, a party must garner either 130,000 votes or two percent of the total votes cast, whichever is higher, to maintain its status. The Working Families Party and the Conservative Party were able to garner enough votes to retain their status by endorsing and running major party candidates on their lines.

Ohio – FBI Arrests Cincinnati Councilman After Undercover Agents Reveal ‘Brazen’ Bribery Scheme, Feds Say
USA Today – Sharon Coolidge and Dan Horn (Cincinnati Enquirer) | Published: 11/10/2020

FBI agents arrested Cincinnati City Councilperson Jeff Pastor in what authorities describe as a brazen bribery scheme involving payoffs for help with city development projects. Federal prosecutors say Pastor, who joined the council in January 2018, began soliciting money from developers within months of taking office and, in some instances, accepted bags of cash in return for his vote or other favorable treatment. A friend of Pastor’s, Tyran Marshall, also faces federal charges and is accused of setting up a charitable nonprofit through which Pastor funneled bribes. U.S. Attorney David DeVillers said Pastor, who is accused of collecting $55,000 in bribes, at one point told undercover agents he should be paid $200,000 for his help.

Oklahoma – Government Bodies to Resume In-Person Meetings, Spurring Coronavirus Concerns
The Oklahoman – Carmen Forman | Published: 11/10/2020

Government bodies in Oklahoma will return to meeting in person after a temporary law that allows for virtual meetings expires on November 15. Legislative leaders have no plans to call a special session to extend the deadline of a law that allows government bodies to meet entirely over videoconferencing or teleconferencing platforms. As COVID-19 started to take hold in Oklahoma, state lawmakers in March temporarily amended the state’s Open Meeting Act so elected officials and residents could virtually attend public meetings. But the law that will sunset, raising concerns about how in-person meetings could contribute to the spread of COVID-19.

South Dakota – Noem’s Pitch to Aid Trump Seems to Benefit Own Campaign Fund
Associated Press News – Stephen Groves | Published: 11/10/2020

South Dakota Gov. Kristi Noem has enthusiastically taken up President Trump’s efforts to contest the results of the presidential election, asking for online donations to “help us bring it home for the president,” but it appears the money is set to flow into her own reelection account. The website soliciting money allows donors to check the amount of their contribution and includes a box to cover a processing “so 100% of my donation goes to Kristi for Governor.” It is unlikely that much, if any, of the money will end up going to Trump, said Paul S. Ryan, vice president of policy and litigation at Common Cause. Ryan noted the governor can give a maximum of $2,800 to Trump’s campaign under federal law. If she wanted more to flow to Trump, she could have directed donors to the president’s own donation site.

Texas – AP Sources: Texas AG’s affair tied to criminal allegations
Associated Press News – Jake Bleiberg | Published: 11/5/2020

Texas Attorney General Ken Paxton had an extramarital affair with a woman whom he later recommended for a job with the wealthy donor now at the center of criminal allegations against him, according to two people who said Paxton told them about the relationship. They said Paxton acknowledged the affair in 2018 to senior members of his office and political staff. Developer Nate Paul said in a deposition that Paxton recommended the woman for her job with Paul’s real estate company. The attorney general’s top deputies reported their boss to the FBI in September for alleged bribery, abuse of office, and other crimes Those allegations stem in part from Paxton’s decision to investigate Paul’s claims that a judge and the FBI broke the law in searches of his home and offices last year.

Texas – Texas’ Patrick Offers Reward as Trump Makes Unfounded Claims
Associated Press News – Paul Weber | Published: 11/10/2020

Texas Lt. Gov Dan Patrick offered up to $1 million in defense of President Trump’s unsupported claims of irregularities in the presidential election, saying he would pay out rewards for information that leads to voter fraud arrests and convictions. The money put up by the lieutenant governor appeared to be a first among Republican officeholders who are backing Trump as he refuses to concede. A former chief Texas ethics regulator said paying out reward money, which would come from Patrick’s political campaign, could run afoul of federal campaign finance laws.

Washington – Appeals Court Upholds $18M Campaign Finance Fine
Associated Press News – Staff | Published: 11/11/2020

The Washington State Court of Appeals affirmed $18 million penalty imposed against the Grocery Manufacturers Association (GMA) for violating campaign finance laws during a 2013 battle over a ballot initiative that would have required labeling ingredients with genetically modified organisms on all packaged food products. The court found the GMA violations “represented an intentional attempt to conceal the identity of companies donating millions of dollars in a contentious ballot campaign.” The GMA spent more than $11?million to defeat the initiative. But its contributions were disclosed only as coming from the association, not the companies that bankrolled the effort, such as PepsiCo, Coca-Cola, Nestle, and General Mills.

Campaign Finance

New Jersey: “Birdsall Exec Convicted in High-Profile Pay-to-Play Scheme Loses Professional Licenses” by Samantha Marcus (NJ Advance Media) for Newark Star Ledger

South Dakota: “Noem’s Pitch to Aid Trump Seems to Benefit Own Campaign Fund” by Stephen Groves for Associated Press News

Washington: “Appeals Court Upholds $18 Million Fine Against Grocery Industry Group for Violating Washington Campaign Law” by Jim Brunner for Seattle Times

Elections

National: “‘Stop the Steal’ Supporters, Restrained by Facebook, Turn to Parler to Peddle False Election Claims” by Elizabeth Dwoskin and Rachel Lerman for Washington Post

National: “Harris’ Husband, Doug Emhoff, Poised to Break Stereotypes” by Kathleen Roynane for Associated Press News

Texas: “Texas’ Patrick Offers Reward as Trump Makes Unfounded Claims” by Paul Weber for Associated Press News

Ethics

National: “Growing Discomfort at Law Firms Representing Trump in Election Lawsuits” by Jessica Silver-Greenberg, Rachel Abrams, and David Enrich for New York Times

Illinois: “Election Fraud Allegations from 2016 Heard in Appellate Court as Federal Probe Swirls Around Democratic Boss Michael Madigan” by Jason Meisner (Chicago Tribune) for Yahoo News

New York: “After Cuomo Book Approval, Rancor and Rebuke at Ethics Agency” by Chris Bragg (Albany Times Union) for Alton Telegraph

Oklahoma: “Government Bodies to Resume In-Person Meetings, Spurring Coronavirus Concerns” by Carmen Forman for The Oklahoman

Campaign Finance

California: “Man Who Conspired to Make Illegal Contributions to 2012 Mayoral Candidates Gets 1 Year in Prison” by City News Service for KSWB

Massachusetts: “Quincy Firm Pays $250,000 to Settle Allegations of Illegal Campaign Donations” by Shelley Murphy (Boston Globe) for MSN

Elections

National: “Echoing Trump, Congressional Candidates Refuse to Concede, Make Unproven Fraud Claims” by Teo Armus (Washington Post) for MSN

Ethics

National: “‘My Faith Is Shaken’: The QAnon conspiracy theory faces a post-Trump identity crisis” by Drew Harwell and Craig Timberg for Washington Post

National: “Biden’s DOJ Must Determine Whether Trump Should Be Prosecuted” by David Yaffe-Bellany and Billy House for Bloomberg Law

Illinois: “Ethics Board Investigating Ald. Brookins’ Decision to Represent Former Ald. Moreno” by Heather Cherone for WTTW

Ohio: “Cincinnati Councilman Jeff Pastor Traded votes for Cash, Bribes, a Trip to Miami, Feds Say” by Sharon Coolidge and Dan Horn for Cincinnati Enquirer

Lobbying

National: “K Street Not Waiting for Trump to Concede the Presidential Race” by Kate Ackley for Roll Call

Hawaii: “Ethics Complaint Filed After Honolulu Lobbyist Fails (Again) To Register” by Anita Hofschneider for Honolulu Civil Beat

Campaign Finance

National: “Bipartisan Super PAC Protest Gives Up the Ghost at High Court” by Jack Rodgers for Courthouse News Service

Elections

National: “Less Travel, More Zoom: Some COVID-19 campaign changes may endure” by Kate Ackley for Roll Call

National: “Kamala Harris, Daughter of Jamaican and Indian Immigrants, Elected Nation’s First Female Vice President” by Chelsea Janes (Washington Post) for MSN

Arizona: “Arizona’s Political Transformation Began Long Before Biden Was on the Ballot” by Jose Del Real and Hannah Knowles (Washington Post) for MSN

Kansas: “‘Hit’ Tweet Against Kansas Governor Has Dems Seeking Ouster” by John Hanna for Associated Press News

New York: “N.Y.’s Green and Libertarian Political Parties in Peril as Working Families Party Avoids Disaster” by Denis Slattery for New York Daily News

Ethics

Alabama: “Alabama Prosecutor Indicted on Ethics Charges, Free on Bond” by Staff for Associated Press News

Lobbying

National: “Job-Seeking Trump Officials Likely to Get Chilly Reception on K Street” by Alex Gangitano for The Hill

Maryland: “Lobbyists Prepare for Challenges with Md. General Assembly as COVID-19 Pandemic Continues” by Josh Kurtz (Maryland Matters) for WTOP

Campaign Finance

California: “California Campaign Finance Complaints Rose Sharply in 2020” by Patrick McGreevy for Los Angeles Times

Missouri: “Former Missouri Lawmaker Admits Misusing Campaign Funds” by Robert Patrick for St. Louis Post-Dispatch

Elections

National: “QAnon Goes to Washington: Two supporters win seats in Congress” by Katherine Tully-McManus for Roll Call

National: “A Little-Known Trump Appointee Is in Charge of Handing Transition Resources to Biden – and She Isn’t Budging” by Lisa Rein, Jonathan O’Connell, and Josh Dawsey (Washington Post) for MSN

California: “Biden Win Sets Off Rush for Harris’ Senate Seat in California” by Carla Marinucci for Politico

Georgia: “How Stacey Abrams and Her Band of Believers Turned Georgia Blue” by Maya King for Politico

Ethics

National: “Harris’s Lawyer Husband Faces Ethics Quandary as Second Spouse” by Chris Opfer for Bloomberg Law

Florida: “Plantation Mayor Was Hiding Public Records, Inspector General Says” by Wells Dusenbery for South Florida Sun Sentinel

Texas: “AP Sources: Texas AG’s affair tied to criminal allegations” by Jake Bleiberg for Associated Press News

National/Federal

A Government Watchdog Says White House Chief of Staff Mark Meadows Spent Campaign Funds on Personal Expenditures
Business Insider – Yelena Dzhanova | Published: 10/31/2020

Citizens for Responsibility and Ethics in Washington (CREW) is calling for an investigation into White House Chief of Staff Mark Meadows after accusing him of misusing thousands of dollars in campaign funds. CREW identified personal expenditures made by Meadows’ campaign after he resigned from Congress. On the same day as Meadows’ official resignation from Congress, his campaign spent $2,650 on jewelry in Washington, the complaint says. The campaign continued to use its funds after the former representative announced his retirement from Congress, spending over $6,500 at various restaurants and establishments, including at the Trump International Hotel.

Congressional Democrats’ High Hopes Dashed as GOP Clings to Senate Majority, Scores Unexpected Gains in the House
Washington Post – Paul Kane, Rachael Bade, and Seung Min Kim | Published: 11/4/2020

Congressional Democrats began a period of reckoning after another political debacle left them suffering losses to their House majority and clinging to a narrow path to Senate control, a stark contrast to the strong optimism of a “blue wave” that would repudiate President Trump and his allies on Capitol Hill.  In the highly anticipated ¬Senate matchups, Republicans scored easier-than-expected victories in Iowa, Kansas, Texas, Maine, Montana, and South Carolina while establishing narrow but steady leads in Georgia and North Carolina. House Democrats struggled to come to grips with how they managed to lose seats after Speaker Nancy Pelosi and party strategists predicted gains of 10 or more that would give them commanding control over the chamber. Instead, they appear to be headed to the smallest House majority in 18 years.

Cruz Fights to Get Back Money He Loaned Campaign
Courthouse News Service – Megan Mineiro | Published: 10/28/2020

U.S. Sen. Ted Cruz is calling on a federal court panel to strike down an FEC rule limiting post-election contributions to pay back money he loaned his 2018 campaign. Cruz gave two loans to his campaign in the last run for reelection. The donations totaled $260,000, $5,000 from his personal bank accounts and $255,000 originating from a loan on personal assets. But a campaign finance law caps the amount of money a campaign committee can repay a candidate for personal loans at $250,000. Cruz sued, accusing the FEC of limiting the First Amendment right to political speech for candidates, their campaign committees, and donors by setting a time limit on donations and on a candidate’s ability to spend personal funds for campaign speech.

Florida Businessman Pleads Guilty in Fraud Case Involving Giuliani Associates
Politico – Josh Gerstein | Published: 10/29/2020

A Florida entrepreneur is the first defendant to plead guilty in a campaign finance and business fraud case involving associates of Rudy Giuliani. David Correia pleaded guilty to two felony counts: one of making false statements to the FEC and one of conspiracy to commit wire fraud. The case against Correia and three other men – Lev Parnas, Igor Fruman, and David Kukushkin – has drawn widespread attention because Parnas and Fruman worked closely with Giuliani on various issues related to Ukraine. The indictment says the men used foreign money to influence American political campaigns to benefit their business ventures and to encourage then-U.S. Ambassador to Ukraine Marie Yovanovitch’s ouster.

GOP Holds Line in State Legislatures, Dealing Blow to Democrats
The Hill – Reid Wilson | Published: 11/4/2020

Democratic hopes of claiming control of state legislative chambers across the nation crashed into an immovable Republican wall in key states, a substantial blow to the party’s chances of wielding more influence in the decennial redistricting process ahead.  Election results appear to show Republicans picked up enough seats to win control of at least two legislative chambers, the New Hampshire Senate and the Alaska House, where Republicans appear to be in a position to break a bipartisan coalition that ran the House for the last two years. Thousands of ballots are left to be counted, and Democrats still have a chance in Arizona, Pennsylvania, and Michigan.

How ActBlue Has Transformed Democratic Politics
Politico – Elena Schneider | Published: 10/30/2020

Democrats have buried Republican opponents under an avalanche of campaign ads, fueled by billions of dollars donated this year through ActBlue, the online fundraising processor for Democratic campaigns. Their wild success in 2020 has reshaped the way candidates not only raise money but campaign for office, building a culture of contributions as civic engagement that has grown into an overwhelming force. Republicans have tried to match it, but they still lag behind. Amid all the once-in-a-lifetime features of this election, the explosion of online fundraising may be the one that truly transforms politics over time.

How the NFL’s Gridiron PAC Uses Influence in Washington
ESPN – Michael Rothstein | Published: 10/29/2020

In 2007, National Football League Commissioner Roger Goodell, the son of a former U.S. senator, sought to strengthen the league’s political influence. He boosted lobbying efforts, increasing NFL expenditures to more than $1 million that year for the first time. He opened a Washington, D.C.-based office and hired Jeff Miller to be its first in-house lobbyist. A year later, with a $5,000 donation from Goodell and $2,500 from league employee Joe Browne, the NFL borrowed a play from Major League Baseball by starting its own PAC. Since then, the league has maintained the office, continued its work with lobbying firms and has exceeded seven figures in lobbying efforts every year except for 2017. It is on pace to do so again this year.

Mueller Investigated Julian Assange, WikiLeaks, and Roger Stone for DNC Hacks
BuzzFeed News – Jason Leopold and Ken Bensinger | Published: 11/2/2020

Prosecutors investigated Julian Assange, WikiLeaks, and Roger Stone for the hacking of Democratic National Committee (DNC) servers as well as for possible campaign finance violations, but ultimately chose not to charge them, newly released portions of special counsel Robert Mueller’s report reveal. Although Wikileaks published emails stolen from the DNC in 2016 and Stone, a close associate to Donald Trump, appeared to know in advance the materials were coming, investigators “did not have sufficient evidence” to prove active participation in the hacks or knowledge the electronic thefts were continuing. Prosecutors could not establish the hacked emails amounted to campaign contributions benefitting Trump’s election chances and felt their publication might have been protected by the First Amendment.

The FEC Says Jill Stein, Who Raised $7.3 Million to Recount the 2016 Election, Owes Them More Than $66,000 for Campaign Finance Violations
Business Insider – Charles Davis | Published: 10/29/2020

The Green Party’s Jill Stein raised millions of dollars to recount the 2016 presidential election, promising her donors, mostly liberals grappling with Donald Trump’s shock win in the Electoral College, transparency and direct democracy. But instead of verifying the outcome of the election, a majority of the $7.3 million that Stein raised for counting votes went to salaries for her core campaign staff, who were kept on for another three years, lawyers for Stein’s personal legal defense in the U.S. Senate’s Russia investigation, and tens of thousands of dollars in fines levied by the FEC. The Stein campaign is now out of money, still owing tens of thousands of dollars to the FEC for failing to disclose how it was spending donations.

Top FEC Official’s Undisclosed Ties to Trump Raise Concerns Over Agency Neutrality
ProPublica – Mike Spies and Jake Pearson | Published: 10/28/2020

Debbie Chacona oversees the division of the FEC that serves as the first line of defense against illegal flows of cash in political campaigns. Its dozens of analysts sift through billions of dollars of reported contributions and expenditures, searching for any that violate the law. The work of Chacona, a civil servant, is guided by a strict ethics code and long-standing norms that employees avoid any public actions that might suggest partisan leanings. But Chacona’s open support of President Trump and her close ties to former FEC member Donald McGahn, who went on to become the 2016 Trump campaign’s top lawyer, have raised questions among agency employees and prompted at least one formal complaint.

Trump Campaign Mounts Challenges in Four States as Narrow Margins Raise Stakes for Battles Over Which Ballots Will Count
MSN – Elise Viebeck, Robert Barnes, Tom Hamburger, and Rosalind Helderman (Washington Post) | Published: 11/4/2020

President Trump’s reelection campaign said it would launch a legal blitz to try to halt vote-counting in Pennsylvania and Michigan, would seek a recount in Wisconsin, and challenged the handling of ballots in Georgia, threatening to draw out the final results of the White House contest. The campaign’s aggressive legal posture while the presidential race remains unresolved underscored how the close margins in key states have raised the stakes for litigation over which ballots will count. It comes after Trump, who has repeatedly made unsubstantiated claims of fraud in the election, pledged to get the courts to determine its outcome. Democrats said they were unfazed by what they said was legal posturing by the president’s campaign.

U.S. Supreme Court Hands Narrow Win to Black Lives Matter Activist Over Protest Incident
Reuters – Lawrence Hurley | Published: 11/2/2020

The U.S. Supreme Court sided with Black Lives Matter activist DeRay McKesson in his ongoing effort to avoid a lawsuit filed by a police officer injured during a 2016 protest in Louisiana triggered by the police killing of a Black man. The justices threw out a lower court ruling that had allowed the lawsuit to proceed and said more analysis was needed on whether state law allows for such a claim. The officer sued the Black Lives Matter organization and McKesson seeking monetary damages over an incident at protest in Baton Rouge. The negligence lawsuit argued McKesson should have known violence would result from his actions leading the protest, which was one of many around the country that year.

Canada

Canada – Ethics Commissioner Clears Morneau of Accepting Gift from WE Charity
CTV – Joan Bryden (Canadian Press) | Published: 10/29/2020

Canada’s ethics watchdog cleared former Finance Minister Bill Morneau of failing to disclose a gift from WE Charity. In a letter to Morneau, ethics Commissioner Mario Dion said he accepts that the former minister “genuinely believed” he had paid for the entire cost of two trips he and family members took in 2017 to view WE’s humanitarian projects in Ecuador and Kenya. As soon as Morneau became aware last summer that WE had covered $41,000 worth of expenses for the trips, Dion says he reimbursed the charity. Morneau reimbursed the money shortly before testifying on the matter at the House of Commons Finance Committee in July.

Canada – Ethics Committee Debates New Motion That Could Relaunch Study into WE Charity Scandal
MSN – Christopher Nardi (National Post) | Published: 11/2/2020

The House of Commons ethics committee is making a third attempt at examining conflicts of interest in the government’s response to the COVID-19 pandemic, after two tries to probe Prime Minister Justin Trudeau’s relationship with WE Charity each failed by one vote. The committee began debating a motion to study possible conflicts-of-interest and lobbying violations in relation to pandemic spending, and specifically the deal with WE Charity to manage a student volunteering program worth hundreds of millions of dollars.

From the States and Municipalities

Arizona – After Waymo Moved Business to State, Ducey Pressed for Its Google Affiliate to Get a $24M, No-Bid Contract
USA Today – Craig Harris (Arizona Republic) | Published: 11/2/2020

Alphabet, best known as the parent company of Google, brought its Waymo subsidiary to Arizona to take advantage of Gov. Doug Ducey’s executive order that allowed self-driving cars to operate on public roadways in the state. When Arizona was looking for a new email and communication system, the Department of Administration, at the urging of the governor’s office, awarded a no-bid contract to Google. The deals follow a pattern. The Arizona Republic has found that either Ducey or his staff have been involved in at least a half dozen transactions in which the administration distributed contracts or financial rewards to businesses and nonprofit groups friendly to the governor. In turn, Ducey received campaign contributions from their employees or positive media coverage tied to the organizations’ actions.

Arizona – Judge Won’t Delay Appointments to Arizona’s Redistricting Panel Despite Lawsuit
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 10/29/2020

A judge declined to delay appointment of more members to Arizona’s Independent Redistricting Commission while she hears arguments about whether two of the nominees are legally qualified to serve. Maricopa County Superior Court Judge Janice Crawford said the Commission on Appellate Court Appointments, which made the nominations, had a chance to investigate the backgrounds of all the applicants, including the two that top Democratic lawmakers contend are ineligible. Crawford said the Democrats are belatedly asking her to bring the process to a temporary halt and set aside constitutionally set deadlines for making appointments, which she is unwilling to do.

Arkansas – 2 Issues on State Ballot Approved by Voters
Arkansas Democrat-Gazette – Michael Wickline | Published: 11/4/2020

Arkansas voters approved a constitutional amendment that will end lifetime term limits for state lawmakers. But they rejected a proposed constitutional amendment that would have made it more difficult for citizen groups to qualify ballot measures for general election ballots and increased the voting threshold for the state Legislature to refer proposed constitutional amendments to voters.

California – FBI Raids Compton Councilman’s Home, Baldwin Park City Attorney’s Office in Pot Inquiry
Los Angeles Times – Adam Elmahrek and Ruben Vives | Published: 11/3/2020

FBI agents served search warrants at the home of Compton City Councilperson Isaac Galvan and the law offices of Baldwin Park City Attorney Robert Tafoya, part of a federal investigation examining Baldwin Park’s dealings with cannabis businesses, according to sources. The raids come amid controversy over Baldwin Park’s approval of licenses for cultivation, distribution, manufacturing, and testing cannabis. In September, a former Baldwin Park police officer said in a sworn declaration he had received complaints from three cannabis operations alleging “questionable business practices, which included paying as much as $250,000 cash in a brown paper bag to city officials.”

Colorado – Aurora City Council Passes Sweeping Campaign Finance Reform
Denver Gazette – Hannah Metzger | Published: 11/4/2020

The Aurora City Council passed a campaign finance reform ordinance, increasing transparency and limiting money in the city’s local elections. The ordinance limits donations from individuals and committees to $1,000 in at-large and mayor races and $400 for city council wards. It also bans contributions from “artificial persons” and increases transparency of donations and enforcement of regulations. The ordinance goes into effect on January 1.

Colorado – Judge Denies Advocacy Group’s Attempt to Suspend Colo. Campaign Finance Enforcement
Colorado Politics – Michael Karlick | Published: 10/29/2020

A federal judge denied a conservative advocacy group’s request to halt campaign finance investigations against committees that advocate for or against ballot initiatives. Colorado law requires organizations whose major purpose is campaigning on ballot initiatives to register an issue committee if they have accepted or expended more than $200. Committees that accept or spend more than $5,000 in an election cycle must also disclose their donors and the nature of their spending. The Colorado Union of Taxpayers and the Colorado Stop the Wolf Coalition filed a complaint claiming the registration requirement was unconstitutional, and the First Amendment “gives all Americans the right to speak freely on matters of public concern without obtaining government blessing or fearing government penalty.”

Georgia – DeKalb County Voters Overwhelmingly Vote to Empower County Ethics Board
Decaterish.com – Dan Wisenhunt | Published: 11/5/2020

DeKalb County voters on November 3 approved a reform measure affecting the appointment process for the county’s Ethics Board, giving an agency that had been hobbled for the last two years new life. The measure voters approved does not give the county chief executive officer an appointment to the board or give the CEO power to review the board’s policies and procedures. County employees can still take concerns directly to the board. The position of ethics officer remains intact with the power to investigate violations. The biggest change is the appointment process that undermined the board in 2018.

Hawaii – Retired Hawaii Official Fined $5K for Accepting Free Meals
Associated Press News – Staff | Published: 10/29/2020

Tian Xiao, a former top examiner for the Hawaii Department of Commerce and Consumer Affairs, was fined $5,000 by the state Ethics Commission for accepting free meals from a vendor he oversaw. Xiao accepted about $654 worth of meals, including dinner for himself and his wife at the upscale Nobu Honolulu restaurant. Xiao allegedly violated the state’s gift law by accepting four meals from vendor Risk & Regulatory Consulting in August and October 2018 and July and September 2019, the commission said.

Indiana – Indiana’s Speaker of the House Is Registered as a Lobbyist in New York City
Indianapolis Monthly – Adam Wren | Published: 10/30/2020

Indiana Speaker of the House Todd Huston is registered as a lobbyist for the College Board in New York City and has been since 2015, according to a review of public records, though Huston claims to have never actually lobbied on behalf of his employer. Huston was not aware of his registration status until within the last several weeks, and so did not disclose it to the Indiana House Ethics Committee. “I have not and do not lobby,” Huston said in a statement. “Additionally, at my request, there is an organizational firewall in place to ensure I am not involved in any of my employer’s matters involving the state of Indiana.”

Kansas – Kansas State Parties Didn’t Disclose Which Candidates They’re Backing and Attacking
Wichita Eagle – Chance Swaim | Published: 10/30/2020

The Kansas Democratic and Republican party committees likely violated state campaign finance law by failing to disclose which candidates they are backing and attacking with more than $1.7 million in mailers this election cycle. Neither party has correctly reported its spending since 2010, when both parties clearly identified which candidates that they were boosting with campaign mail, a Wichita Eagle analysis found. In the past decade, both major state parties stopped reporting information that is required by state law.

Maryland – Baltimore County Voters Move Toward Public Matching Fund for Candidates
Maryland Matters – Bennett Leckrone | Published: 11/5/2020

Preliminary election results showed voters signed off on creating an election fund that would match small donations for local candidates in Baltimore County, a measure advocates say would create fairer elections. The charter amendment would create a Citizens’ Election Fund system in the county, establishing a public trust that, starting in 2026, would match small donations for county council and county executive candidates. It also would establish a commission within the county that would determine details and provide for funding of the program. Participation would be voluntary for candidates.

Maryland – Following Pugh Scandal, UMMS Seeks a ‘Fresh Start’ in Implementing Auditor-Recommended Ethics Changes
Yahoo News – Ben Leonard (Baltimore Sun) | Published: 10/29/2020

The University of Maryland Medical System (UMMS) implemented dozens of recommendations from auditors relating to board governance and conflicts-of-interest a year after a high-profile scandal involving ex-Baltimore City Mayor and former system board member Catherine Pugh. Lawmakers asked the Office of Legislative Audits to investigate UMMS after it was reported that one-third of the 30-member board had contracts with the system, including Pugh. The system paid Pugh $500,000 for 100,000 copies of her “Healthy Holly” children’s books. Pugh later pleaded guilty to conspiracy and tax evasion charges related to the deal.

Mississippi – Mississippi Approves Flag with Magnolia, ‘In God We Trust’
Associated Press News – Emily Wagster Pettus | Published: 11/4/2020

Mississippi will fly a new state flag with a magnolia and the phrase “In God We Trust,” with voters approving the design on November 3. It replaces a Confederate-themed flag that state lawmakers retired months ago as part of the national reckoning over racial injustice. Mississippi has been without a flag since late June, when legislators surrendered the last state banner in the U.S. that included the Confederate battle emblem. The rebel flag is widely condemned as racist.

Missouri – Amendment 3: Effort to overturn Clean Missouri redistricting poised to pass narrowly
Springfield News-Leader – Austin Huguelet | Published: 11/4/2020

Missouri voters reversed changes they made to the redistricting process two years ago by approving Amendment 3. The 2018 reform created a new demographer position to draft districts aimed at producing more competitive elections and a Legislature better reflecting the statewide vote. Now, the old bipartisan commissions will be back in charge with appellate judges backing them up if they deadlock. Amendment 3 also bans all gifts to lawmakers from most paid lobbyists and reduces the amount an individual ccan donate to a Missouri Senate candidate’s personal campaign committee.

New Jersey – Former Jersey City School Board President and Head of Re-Entry Organization Indicted by Feds
Newark Star Ledger – Patrick Villanova | Published: 11/2/2020

Sudhan Thomas, the former president of the Jersey City Board of Education and the ex-head of the city’s Employment and Training Program, was indicted on charges of embezzlement, money laundering, and fraud. Thomas is accused of embezzling $45,000 from JCETP, an organization receiving federal funds, as well as wire fraud and money laundering in connection with the JCETP theft. Thomas was also charged with wire fraud for embezzling money from his 2016 Jersey City school board campaign; wire fraud for embezzling money from his 2019 campaign; and bank fraud for stealing checks issued by and to another school board candidate’s campaign in 2018.

New York – Judge Rules Sterne Agee Analyst Complicit in NY Pension Pay-to-Play Scheme
Chief Investment Officer – Michael Katz | Published: 11/3/2020

A federal judge ruled John Paulsen, a former managing director at Sterne Agee & Leach, aided and abetted a “pay-to-play” scheme involving the $216.3 billion New York State Common Retirement Fund. U.S. District Court Judge Paul Gardephe found Navnoor Kang, the pension fund’s director of fixed income, used his position to solicit and receive improper entertainment from Paulsen and Deborah Kelley, a registered representative at the firm. In exchange for the entertainment, Kang directed a “significant amount” of state business to Sterne Agee, which generated “sizable commissions,” Gardephe said.

New York – State Elections Commissioner Held Another Role: Political party official
Albany Times Union – Chris Bragg | Published: 11/1/2020

About two months before Gregory Peterson resigned as a state Board of Elections commissioner last year, questions emerged about a potential conflict-of-interest. Since 2008, Peterson had served as one of two Republican-appointed commissioners on the four-person board, influential posts responsible for setting statewide elections policy and helping regulate candidates’ campaigns. Beginning in 2011, Peterson held another title: vice-chairperson of the Nassau County Republican Party, a political organization that works to elect GOP candidates on Long Island and is regulated by the Board of Elections. A provision of the Public Officers Law bars state government officials in policymaking roles from being an “officer, director, or board member of any party or political organization.”

North Dakota – North Dakota Voters Reject Measure 2 by Wide Margin
Grand Forks Herald – Jeremy Turley | Published: 11/4/2020

North Dakota voters rejected a ballot measure that would have given the Legislature a say in the process of amending the state constitution. Currently, petitioners can gather about 27,000 signatures from North Dakota residents, place a constitutional measure on the ballot, and if it passes, a change to the constitution must be made. Under Measure 2, the Legislature would have gotten the authority to reject a voter-approved constitutional measure and send the measure back to a public vote for final approval.

Ohio – 2 Ohio Political Operatives Plead Guilty in Bribery Probe
Associated Press News – Andrew Welsh-Huggins | Published: 10/29/2020

Jeffrey Longstreth and lobbyist Juan Cespedes pleaded guilty to racketeering charges involving the House Bill 6 scandal. Longstreth served as former Ohio House Speaker Larry Householder’s political strategist. Cespedes worked as a lobbyist for FirstEnergy Solutions, the former subsidiary of FirstEnergy that owned two nuclear power plants in Ohio. Longstreth and Cespedes were among five men charged in what federal prosecutors called the largest “pay-to-play” scandal in the state’s history involving the passage of a $1.3 billion bailout of the plants. An FBI affidavit said Householder and lobbyists Neil Clark and Matthew Borges, as well as Longstreth and Cespedes, accepted more than $60 million in bribes from FirstEnergy and its subsidiaries over a course of three years to push House Bill 6 and fight off a ballot initiative.

Ohio – Embattled Former Ohio House Speaker Easily Wins Re-Election
The Center Square – J.D. Davidson | Published: 11/4/2020

An indictment, an arrest, two guilty pleas, and a $60 million bribery scandal did not stop former Ohio House Speaker Larry Householder from returning to the statehouse. Householder, who faced opposition only from four write-in candidates, easily won re-election in a wide-ranging district that covers mostly rural areas in central and eastern Ohio but also includes some affluent and growing Columbus suburbs. In July, the House voted unanimously to strip Householder of his speakership after a federal indictment that charged him with bribery and racketeering connected to House Bill 6, a nuclear energy bailout bill that provided billions of dollars for two Ohio nuclear power plants.

Oregon – Oregon Opens Door for Campaign Finance Limits
OPB – Dirk VanderHart | Published: 11/3/2020

In a historic vote that presages the demise of some of the nation’s most permissive campaign finance rules, Oregon voters approved Ballot Measure 107. It amends the state constitution to permit campaign finance reform. The measure gives state and local governments the ability to enact laws that limit campaign contributions and expenditures and require their disclosure. It also would require political campaign advertisements to identify who pays for them.

Oregon – Portland Man Files Complaint to Enforce Oregon’s 2006 Campaign Contribution Limits
Spokane Spokesman-Review – Hillary Borrud (Portland Oregonian) | Published: 10/30/2020

A Portland advocate for limits on political donations has filed a complaint with the Oregon Secretary of State’s office seeking to enforce a 2006 voter-approved campaign finance law that capped donations from any one individual at $100 for most races. Ron Buel’s complaint focuses on a recent $150 donation by May 2020 Portland City Council candidate Seth Woolley to Woolley’s own PAC, but the complaint could have vast implications.

Oregon – Portland Mayor Ted Wheeler’s $150,000 Loan to His Own Campaign Wasn’t Illegal, City Auditor Says
Portland Oregonian – Everton Bailey Jr. | Published: 11/3/2020

Portland Mayor Ted Wheeler did not violate election rules by loaning his reelection campaign $150,000, City Auditor Mary Hull Caballero announced a few hours before the ballot dropoff deadline. Hull Caballero noted while Portland voters in 2018 approved campaign finance restrictions that included a $5,000 limit on candidates making personal loans to their campaigns, the Oregon Supreme Court in April deemed expenditure limits violated the First Amendment.

Tennessee – Tennessee Sen. Joey Hensley Put on Medical Probation for Unethical Opioid Prescriptions
The Tennessean – Brett Kelman | Published: 11/4/2020

A state medical board ordered professional probation for the medical license of Tennessee Sen. Joey Hensley, a punishment described by his attorney as “the death penalty” for Hensley’s decades-long career as a small town doctor. Hensley admitted to providing medical care and prescribing opioids and other controlled substances to several family members and a second cousin who was both his employee and his romantic partner. In some cases, Hensley did not document the prescriptions or take mandatory steps to prevent addiction or misuse.

Texas – City Ethics Commission Wrestles with Access During Pandemic
Austin Monitor – Elizabeth Pagano | Published: 11/2/2020

In its previous, pre-pandemic incarnation, the Austin Ethics Review Commission met in a back room of City Hall that was often jammed full of commissioners, accusers, defenders, and occasionally, reporters. Since March, however, it has been much harder to follow the work of the body tasked with reviewing ethics violations by city employees. Unlike some other commissions, meetings have not been broadcast. And those curious about the commission’s activities were not given an option to listen in. So, anyone interested in what was going on had one choice: wait a few days, and then check for an audio recording of the meeting. It is a situation that commissioners are hoping to change.

Virginia – In Va., Gun-Control Fight Gives Rise to Movement for County-Approved Militias
MSN – Gregory Schneider (Washington Post) | Published: 10/31/2020

Earlier this year, Campbell County’s board of supervisors officially recognized a self-proclaimed militia as an organization to “enhance the safety and security” of citizens and as a “barrier against a tyrannical government.” Bedford County followed suit and a similar resolution is being debated in Halifax County. Armed militia groups have formed throughout Virginia this year, an outgrowth of the “Second Amendment sanctuary” movement that swept county courthouses a year ago as a backlash against proposed gun control laws. Supporters say the militia members are simply citizens out to help their communities and the resolutions are symbolic, meant to send a message to Democrats who control state government that rural Virginia will not abide any efforts to restr5ict access to guns.

Wisconsin – Wisconsin Republican Party Says Hackers Stole $2.3 Million
Yahoo News – Scott Bauer (Associated Press) | Published: 10/29/2020

Hackers have stolen $2.3 million from the Wisconsin Republican Party’s account that was being used to help reelect President Trump in the state. GOP Chairperson Andrew Hitt said the hackers manipulated invoices from four vendors who were being paid for direct mail for Trump’s reelection efforts as well as for pro-Trump material such as hats to be handed out to supporters. Invoices and other documents were altered so when the party paid them for the services rendered, the money went to the hackers instead of the vendors, Hitt said.

Campaign Finance

Oregon: “Portland Mayor Ted Wheeler’s $150,000 Loan to His Own Campaign Wasn’t Illegal, City Auditor Says” by Everton Bailey Jr. for Portland Oregonian

Elections

National: “Trump Campaign Mounts Challenges in Four States as Narrow Margins Raise Stakes for Battles Over Which Ballots Will Count” by Elise Viebeck, Robert Barnes, Tom Hamburger, and Rosalind Helderman (Washington Post) for MSN

National: “GOP Holds Line in State Legislatures, Dealing Blow to Democrats” by Reid Wilson for The Hill

Arkansas: “2 Issues on State Ballot Approved by Voters” by Michael Wickline for Arkansas Democrat-Gazette

Mississippi: “Mississippi Approves Flag with Magnolia, ‘In God We Trust’” by Emily Wagster Pettus for Associated Press News

North Dakota: “North Dakota Voters Reject Measure 2 by Wide Margin” by Jeremy Turley for Grand Forks Herald

Ohio: “Embattled Former Ohio House Speaker Easily Wins Re-Election” by J.D. Davidson for The Center Square

Ethics

National: “U.S. Supreme Court Hands Narrow Win to Black Lives Matter Activist Over Protest Incident” by Lawrence Hurley for Reuters

New York: “Judge Rules Sterne Agee Analyst Complicit in NY Pension Pay-to-Play Scheme” by Michael Katz for Chief Investment Officer

Voters passed a state constitutional amendment paving the way for the Oregon State Legislature and local lawmakers to limit political contributions and expenditures.

Measure 107 also allows for rules regarding disclosure of campaign activity in order to require campaigns to be transparent about who paid for political advertisements.

Currently, there are no contribution limits due to Oregon Supreme Court rulings declaring campaign finance reform to be in violation of the state constitution. Measure 107 is retroactive, but only to legislation passed on or after January 1, 2016.

Campaign Finance

National: “The FEC Says Jill Stein, Who Raised $7.3 Million to Recount the 2016 Election, Owes Them More Than $66,000 for Campaign Finance Violations” by Charles Davis for Business Insider

Oregon: “Oregon Opens Door for Campaign Finance Limits” by Dirk VanderHart for OPB

Elections

National: “As America Awaits a Winner, Trump Falsely Claims He Prevailed” by Alexander Burns and Jonathan Martin for New York Times

National: “Republicans Clinging to Senate Majority” by Seung Min Kim and Paul Kane for Washington Post

Ethics

National: “Mueller Investigated Julian Assange, WikiLeaks, and Roger Stone for DNC Hacks” by Jason Leopold and Ken Bensinger for BuzzFeed News

Canada: “Ethics Committee Debates New Motion That Could Relaunch Study into WE Charity Scandal” by Christopher Nardi (National Post) for MSN

Arizona: “After Waymo Moved Business to State, Ducey Pressed for Its Google Affiliate to Get a $24M, No-Bid Contract” by Craig Harris (Arizona Republic) for USA Today

Missouri: “Amendment 3: Effort to overturn Clean Missouri redistricting poised to pass narrowly” by Austin Huguelet for Springfield News-Leader

Virginia: “In Va., Gun-Control Fight Gives Rise to Movement for County-Approved Militias” by Gregory Schneider (Washington Post) for MSN

Campaign Finance

National: “How ActBlue Has Transformed Democratic Politics” by Elena Schneider for Politico

National: “Florida Businessman Pleads Guilty in Fraud Case Involving Giuliani Associates” by Josh Gerstein for Politico

National: “A Government Watchdog Says White House Chief of Staff Mark Meadows Spent Campaign Funds on Personal Expenditures” by Yelena Dzhanova for Business Insider

Kansas: “Kansas State Parties Didn’t Disclose Which Candidates They’re Backing and Attacking” by Chance Swaim for Wichita Eagle

Oregon: “Portland Man Files Complaint to Enforce Oregon’s 2006 Campaign Contribution Limits” by Hillary Borrud (Portland Oregonian) for Spokane Spokesman-Review

Wisconsin: “Wisconsin Republican Party Says Hackers Stole $2.3 Million” by Scott Bauer (Associated Press) for Yahoo News

Elections

National: “Supreme Court Moves in Pennsylvania and North Carolina Set Up Potential Post-Election Court Fight Over Mail-In Ballots” by Jeremy Herb for CNN

Ethics

New York: “State Elections Commissioner Held Another Role: Political party official” by Chris Bragg for Albany Times Union

Texas: “City Ethics Commission Wrestles with Access During Pandemic” by Elizabeth Pagano for Austin Monitor

Lobbying

Indiana: “Indiana’s Speaker of the House Is Registered as a Lobbyist in New York City” by Adam Wren for Indianapolis Monthly