Campaign Finance

California: “L.A. Ethics Commission Fines Company for Campaign Finance Violations” by Staff for MyNewsLA.com

Pennsylvania: “Pennsylvania State Lawmakers Are Hiding Millions in Campaign Spending. And It’s All Legal.” by Angela Couloumbis (Spotlight PA), Mike Wereschagin, Brad Bumsted, Paula Knudson, Sam Janesch, and Alyssa Bierdeman (The Caucus) for Pittsburgh Post-Gazette

Ethics

National: “Trump’s Cabinet Meetings Have Become About Everything but the Business of His Cabinet” by Josh Dawsey (Washington Post) for Stamford Advocate

National: “U.S. Envoy Says He Was Told Release of Ukraine Aid Was Contingent on Public Declaration to Investigate Bidens, 2016 Election” by Anne Gearan, Rachael Bade, Karoun Demirjian, and John Wagner for Washington Post

California: “Former Mayor Anthony Silva Sentenced, Charges Dismissed Against Sharon Simas” by Nicholas Filipas for Stockton Record

Michigan: “Report: Duggan gave Make Your Date favor; chief of staff ordered emails deleted” by Christine Ferretti and George Hunter for Detroit News

Lobbying

National: “Lobbying Business Booms Despite Gridlock and Investigations” by Megan Wilson for Bloomberg Law

Pennsylvania: “New Oversight Committee Examines Flaws in Pennsylvania’s Lobbying Disclosures” by Dave Lemery for The Center Square

Campaign Finance

National: “Congress Has Long Sought to Bar Foreign Campaign Contributions” by Todd Ruger for Roll Call

California: “Company at Center of Insurance Commissioner’s Contributions Scandal Sold Without California Approval” by Jeff McDonald for San Diego Union-Tribune

Maine: “Candidate for Maine Governor Paid Clean Elections Money to Future Employer” by Scott Thistle for Portland Press Herald

Elections

National: “Facebook Fine-Tunes Disinformation Defenses – but Leaves Controversial Political Ad Rules Intact” by Tony Romm for Washington Post

Florida: “Being Poor Shouldn’t Stop Florida Felons from Voting, Judge Rules in Amendment 4 Case” by Lawrence Mower for Tampa Bay Times

Ethics

National: “Family Ties Have Troubled Many National Politicians” by Tom Brune for Newsday

National: “‘C’est Moi’: Mitt Romney admits to running secret Twitter account under the alias ‘Pierre Delecto’” by Allyson Chiu (Washington Post) for MSN

Wyoming: “Wyoming’s First Public Records Ombudsman Aims to Boost Transparency” by Tom Coulter (Wyoming Tribune Eagle) for Laramie Boomerang

Campaign Finance

Oklahoma: “Oklahoma PAC Accused of Repeated Violations of Campaign Finance Laws” by Nolan Clay for The Oklahoman

Rhode Island: “Ex-Mattiello Operative Charged with Money Laundering; Says He’s Been Made ‘Fall Guy’” by Katherine Gregg for Providence Journal

Ethics

National: “Why Trump Dropped His Idea to Hold the G7 at His Own Hotel” by Maggie Haberman, Eric Lipton, and Katie Rogers (New York Times) for MSN

National: “‘Get Over It’: Defiant chief of staff rides out storm over Ukraine remarks” by Michael Crowley and Maggie Haberman (New York Times) for Minneapolis Star Tribune

Michigan: “Judge Weighs Rep. Larry Inman Fundraising: Bribery or protected speech?” by John Agar for MLive.com

Texas: “House Speaker Dennis Bonnen Says, ‘No Laws Were Broken.’ Legal Hurdles Remain.” by Emma Platoff and Jolie McCullough for Texas Tribune

West Virginia: “Billionaire Governor’s Family Farms Get Subsidy” by Anthony Izaguirre for AP News

Lobbying

California: “Glendale Officials Take First Steps to Regulate Lobbying” by Lila Seidman for Los Angeles Times

National/Federal

After Arrest of Giuliani Associates, FEC Chair Says Commission Struggling to Enforce Rules
The Hill – Justin Wise | Published: 10/14/2019

FEC Chairperson Ellen Weintraub lamented the agency’s inability to enforce campaign finance law, saying in an interview there “may well be a lot of money that is slipping into our system that we just don’t know about.” Her remarks came in the wake of the campaign finance violation charges leveled against two associates of Rudolph Giuliani, President Trump’s personal attorney. Florida businesspeople Lev Parnas and Igor Fruman were arrested and accused of orchestrating a straw donor scheme that funneled money to numerous Republican committees, including a $325,000 contribution to a pro-Trump super PAC.

Appeals Court Rules Against Trump Over His Financial Data
Anchorage Daily News – Ann Marimow, Spencer Hsu, and David Fahrenthold (Washington Post) | Published: 10/11/2019

Congress can seek eight years of President Trump’s business records from his accounting firm, a federal appeals court ruled in one of several legal battles over access to the president’s financial data. The U.S. Court of Appeals for the District of Columbia Circuit upheld Congress’s broad investigative powers and rejected the president’s bid to block lawmakers from subpoenaing the documents. The case is one of several clashes between the Democrat-controlled House and the Republican president over Trump’s data that is expected to reach the U.S. Supreme Court. In this case, the judges ruled Trump’s arguments, that the subpoenas were invalid because Congress lacked a “legitimate legislative purpose” for its subpoenas, were incorrect.

Biden’s New Ethics Plan Includes Constitutional Amendment to Publicly Finance Elections
NBC News – Mike Mernoli | Published: 10/14/2019

Seeking to turn the page from what he called the most corrupt administration in American history, former Vice President Joe Biden rolled out a new comprehensive ethics plan that includes a constitutional amendment to publicly finance elections. It also calls for a ban on lobbying by foreign governments and stricter protocols to ensure a firewall between the White House and prosecutorial decisions at the Justice Department. The proposal comes as Biden is under assault from President Trump and his allies over unsubstantiated allegations that he acted as vice president to shield his son from an investigation of a Ukrainian energy company whose board he served on.

Democratic Lobbyists Bristle at Party’s Attack on K Street
The Hill – Alex Gangitano | Published: 10/16/2019

With presidential candidates like U.S. Sens. Elizabeth Warren and Bernie Sanders calling for tougher rules on how the lobbying world works, Democratic lobbyists find themselves walking a difficult tightrope. The lobbying industry has pushed back on those proposals as unconstitutional, arguing they would be a restriction on First Amendment rights. Democratic lobbyists said while those proposals may be intended to target K Street'[s biggest spenders, they could also silence voices for progressive causes. A persistent argument against tougher restrictions on lobbying is they would lead to more so-called shadow lobbyists, those who do lobbying work but do not register.

Department of Justice’s Lobbyist Registry Available, but with Technical Issues
The Weekly – Giovanna Garofalo | Published: 10/16/2019

Puerto Rico’s lobbyist registry is now available for the general public to use. The registry is essentially a table that will list lobbyists under their name, number of registrations, clients who they represent, and authorized staff. When visitors access the page now, they will realize that it does not feature a single lobbyist. The Department of Justice and the Puerto Rico Innovation and Technology Service are still ironing out technical issues with the registry.

FEC Chairwoman Says She ‘Will Not Be Silenced’ after Republican Lawmaker Requests Ethics Investigation
CNN – Kaatina Iyer | Published: 10/10/2019

FEC Chairperson Ellen Weintraub said she “will not be silenced” after a Republican member of Congress requested that she be investigated for ethics violations for her public statements. Rep. Rodney Davis, who was named an honorary state chairperson for President Trump’s reelection campaign, sent a letter to FEC Inspector General Christopher Skinner, asking him to investigate Weintraub’s “refusal … to recuse herself” from any matters involving the president. He argued that Weintraub’s public statements regarding Trump on Twitter undermines her nonpartisan position.

Fourth Defendant in Giuliani Associates’ Case Arrested at New York Airport
Stamford Advocate – Devlin Barrett (Washington Post) | Published: 10/16/2019

David Correia, the fourth defendant in a campaign finance case involving business associates of President Trump’s personal lawyer Rudolph Giuliani, was arrested at a New York City airport. Correia has been charged with participating in a scheme to use foreign money to build political support for a fledgling recreational marijuana business in Nevada and other states, according to an indictment that also charged Lev Parnas and Igor Fruman with conspiracy and making false statements to campaign finance regulators. The third defendant in the case, a California man named Andrey Kukushkin, was arrested recently, according to authorities.

Giuliani Is Said to Be Under Investigation for Ukraine Work
MSN – Michael Schmidt, Ben Protess, Kenneth Vogel, and William Rashbaum (New York Times) | Published: 10/11/2019

An investigation by federal prosecutors into President Trump’s personal lawyer Rudolph Giuliani is tied to the case against two of Giuliani’s associates who were arrested recently on campaign finance related charges. The associates were charged with funneling illegal contributions to a member of Congress whose help they sought in removing the American ambassador to Ukraine, Marie Yovanovitch. Giuliani has denied wrongdoing, but he acknowledged he and the associates worked with Ukrainian prosecutors to collect potentially damaging information about Yovanovitch. Federal law requires American citizens to disclose any contacts with the government or media in the U.S. at the direction or request of foreign politicians or government officials.

Giuliani Pressed for Turkish Prisoner Swap in Oval Office Meeting
MSN – Jo Becker, Maggie Haberman, and Eric Lipton (New York Times) | Published: 10/10/2019

During an Oval Office meeting with President Trump and Secretary of State Rex Tillerson in 2017, Rudolph Giuliani pressed for help in securing the release of a jailed client, an Iranian-Turkish gold trader, as part of a potential prisoner swap with Turkey. Giuliani’s request provoked an immediate objection from Tillerson, who argued it would be highly inappropriate to interfere in an open criminal case. In the end, no such prisoner swap took place. But the episode has opened a new chapter in Giuliani’s efforts to interject himself into the Trump administration’s diplomacy while at times representing clients with a direct interest in the outcome.

House Readies Bill Aimed at Stopping Foreign Election Interference
Courthouse News Service – Brandi Buchman | Published: 10/16/2019

House lawmakers are pushing for the passage of a third bill to protect the integrity of U.S. elections, with the latest piece of legislation aimed at closing loopholes that allow foreign nationals to spend money on American campaigns. The Stopping Harmful Interference in Elections for a Lasting Democracy Act proposes increasing transparency for campaigns, parties, and PACs by requiring them to report any attempt by a foreign government or individual to influence an election to the FEC and the FBI. The bill also requires U.S. campaigns to establish standards for compliance.

How Amazon.com Moved into the Business of U.S. Elections
Reuters – Nandita Bose | Published: 10/15/2019

The expansion by Amazon Web Services (AWS) into state and local elections has gathered steam since the 2016 U.S. presidential vote. More than 40 states now use one or more of Amazon’s election offering. So do the two main political parties, former Vice President Joe Biden, and the FEC. While it does not handle voting on election day, AWS, along with a network of partners, now runs state and county election websites, stores voter registration rolls and ballot data, facilitates overseas voting by military personnel, and helps provide live election-night results. The company’s efforts are welcomed by election administrators, who in interviews said they often struggle with keeping outdated systems up to date at the local level.

Never-Before-Seen Trump Tax Documents Show Major Inconsistencies
ProPublica – Heather Vogell | Published: 10/16/2019

Documents obtained by ProPublica show stark differences in how Donald Trump’s businesses reported some expenses, profits, and occupancy figures for two Manhattan buildings, giving a lender different figures than they provided to New York City tax authorities. The discrepancies made the buildings appear more profitable to the lender, and less profitable to the officials who set the buildings’ property tax. The discrepancies are “versions of fraud,” said Nancy Wallace, a professor of finance and real estate at the University of California-Berkeley. “This kind of stuff is not OK.” Two former Trump associates, Michael Cohen and Paul Manafort, are serving prison time for offenses that include falsifying tax and bank records, some of them related to real estate.

Rep. Elijah Cummings, Democratic Leader and Regular Trump Target, Dies at 68
MSN – Jenna Portnoy and Antonia Farzan (Washington Post) | Published: 10/17/2019

U.S. Rep. Elijah Cummings, who gained national attention for his principled stands on politically charged issues in the House, his calming effect on anti-police riots in Baltimore, and his forceful opposition to the presidency of Donald Trump, died on October 17. He was 68 years old. Cummings served as chairperson of the Congressional Black Caucus and then ranking member chair of what became the House Oversight and Reform Committee. He became a leading voice against the Trump administration’s efforts to add a citizenship question to the 2020 Census. He was also a forceful opponent of an immigration policy that separated thousands of children from their parents after they illegally crossed the southern U.S. border. Cummings spearheaded probes into security clearances issued by the White House and payments made during the 2016 campaign to silence women who claimed to have had affairs with Trump.

Those Foreign Business Ties? The Trump Sons Have Plenty Too
ENM News – Eric Lipton, Steve Eder, and Ben Protess (New York Times) | Published: 10/11/2019

For the children of the politically powerful, personal business and public dealings can often be indistinguishable, especially when private projects depend on foreign governments that are looking to bolster ties with Washington. As the president has become embroiled in a scandal involving his interactions with Ukraine, Donald Trump Jr. and his brother Eric have taken to attacking Hunter Biden, the son of former Vice President Joe Biden, for his business dealings in Ukraine and China. The brothers have accused him of leveraging his family name for personal gain while his father served in the Obama administration. But the high-profile attack roles being played by President Trump’s eldest sons have now thrust their own business dealings into the spotlight too. Both sons have operated and promoted the Trump family business overseas during their father’s presidency, even as he retains ownership.

Trump Emoluments Case Over His D.C. Hotel Gets Second Chance in Legal Challenge
Connecticut Post – Ann Marimow (Washington Post) | Published: 10/15/2019

A federal appeals court order revived a lawsuit claiming President Trump is illegally profiting from foreign and state government visitors at his hotel in Washington, D.C. The U.S. Court of Appeals for the Fourth Circuit agreed to rehear the lawsuit, brought by the attorneys general of Maryland and the District of Columbia, which was dismissed over the summer by a three-judge panel of the court. The brief order set oral arguments before a full panel of judges for December 12 and essentially gives the novel lawsuit, which tests the anti-corruption emoluments provisions of the Constitution, a second chance.

Trump Has Awarded Next Year’s G-7 Summit of World Leaders to His Miami-Area Resort, the White House Said
Washington Post – Toluse Olorunnipa, David Fahrenthold, and Jonathan O’Connell | Published: 10/17/2019

Next year’s G-7 gathering of the leaders of the world’s biggest economies will take place at President Trump’s Doral golf resort outside of Miami. The decision is without precedent in modern American history – the president used his public office to direct a massive contract to himself. Doral provides more revenue to Trump than any other hotel or golf club. But, in recent years, this keystone property has fallen into steep decline, with profits falling 69 percent in three years. Trump is already facing lawsuits for allegedly violating the Constitution’s ban on receiving “emoluments” from foreign governments. By doing this, he could be inviting a huge increase in the very line of business that these lawsuits are scrutinizing.

Ukraine Scandal Snags Pete Sessions’s Congressional Comeback Bid
MSN – Catie Edmondson (New York Times) | Published: 10/10/2019

Former U.S. Pete Sessions, who is seeking a return to Congress, was caught in the fallout of the Ukraine scandal when he was referred to in the indictment of two presidential allies accused of campaign finance allegations. Sessions is described as “Congressman-1” in the indictment of Lev Parnas and Igor Fruman, who were charged with illegally funneling foreign money to American candidates and campaigns. “Congressman-1” is described as having received large campaign contributions from Parnas and Fruman, and whom Parnas asked for help in removing the U.S. ambassador to Ukraine, Marie Yovanovitch.

Violent Spoof Video of Trump Killing His Critics Shows How Memes Have Reshaped Politics
Denver Post – Drew Harwell and Tony Romm (Washington Post) | Published: 10/14/2019

A meme video, a spoof derived from a bloody action film, shown at President Trump’s Miami-area golf resort drew outrage from some for its depiction of Trump shooting journalists and attacking political figures who have been critical of him, both Democrats and Republicans. Some warned the clip and others like it could incite real-world violence. But that outrage also helped ensure the video would be circulated more widely. Becca Lewis, who researches online subcultures and media manipulation for Stanford University, said the video’s sharing showed how such memes have become a potent force for political expression and propaganda. The meme creators, she said, routinely sought mainstream attention for the memes in a way that would make the shocking content seem more and more acceptable.

Warren Dares Facebook With Intentionally False Political Ad
ENM News – Cecilia Kang and Thomas Kaplan (New York Times) | Published: 10/12/2019

U.S. Sen. Elizabeth Warren is playing a game of dare with Facebook. The Democratic presidential candidate bought an ad on the social network that purposefully includes false claims about Facebook’s chief executive, Mark Zuckerberg, and President Trump to goad the social network to remove misinformation in political ads ahead of the 2020 presidential election. “We decided to see just how far it goes,” Warren wrote, calling Facebook a “disinformation-for-profit machine.” Warren’s actions follow a brouhaha over Facebook and political ads in recent weeks. Mr. Trump’s campaign recently bought ads across social media that falsely said Joe Biden offered $1 billion to Ukrainian officials to remove a prosecutor who was overseeing an investigation of a company associated with Biden’s son Hunter.

Warren Targets ‘Big Money’ in Campaigns, Rules Out Donations from Tech and Bank Executives
The Hill – Tal Axelrod | Published: 10/15/2019

U.S. Sen. Elizabeth Warren White House unveiled a sweeping new proposal to eliminate “big money” in politics, taking aim at donations from PACs and urging her fellow presidential contenders to be transparent in their fundraising. Warren said her plan would end the practice of federal candidates taking corporate PAC money and ban foreign corporate influence in American elections. She would also seek to require presidential campaigns to disclose their major donors, bundlers, and finance events and update campaign finance laws to address online political advertising.

From the States and Municipalities

Arizona – Group Trying to Escape Fine for Violating Arizona Campaign Finance Laws
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 10/16/2019

A group that spent $260,000 attacking a 2014 foe of Arizona Gov. Doug Ducey in his first gubernatorial race is trying again to escape paying a fine for violating state campaign finance laws. Attorneys for the Legacy Foundation Action Fund contend the Citizens Clean Elections Commission lacked the power to impose a $96,000 fine for the commercials targeting former Mesa Mayor Scott Smith. They say there was no proof the ad was done to advance the political fortunes of anyone else in the Republican gubernatorial primary. Beyond that, the lawyers contend the commission lacks the authority to enforce the campaign finance laws.

Arkansas – Speaking as Taxpayer in TV Ad, Griffin Says; His Appearance Raises Campaign Questions
Arkansas Democrat-Gazette – Alyson Hoge | Published: 10/6/2019

Lt. Gov. Tim Griffin appears in a television advertisement financed by a nonprofit issue advocacy group called Arkansas Competes. The ad will air about two months after Griffin said he will be a candidate for governor in the 2022 election to succeed Asa Hutchinson. Griffin said he is appearing in the ad “as an Arkansas taxpayer deeply concerned about issues facing our state.” Arkansas Competes Director Carl Vogelpohl said the ad would not run afoul of state law. He noted a state Ethics Commission advisory opinion that said if a non-candidate committee organized as a 501 (c) (4) runs issue ads in Arkansas not asking for votes for or against a specific candidate, the committee’s activity would not constitute a contribution or non-monetary contribution under state law.

California – FBI Investigating Whether Sacramento Pot Businesses Paid Bribes to Public Officials
Sacramento Bee – Sam Stanton and Ryan Sabalow | Published: 10/14/2019

The FBI has been investigating whether Sacramento-area marijuana businesses have made payoffs to public officials in the region in exchange for favorable treatment and license approvals. The investigation comes two months after the FBI announced in a podcast that it was “seeing a public corruption threat emerge in the expanding cannabis industry” and asked for any tips involving public corruption and the industry, which generates millions of dollars in revenue and involves licenses that can go for as much as $500,000.

Connecticut – Government for Sale? Lobbyists Spent $32M This Year to Influence Legislative Session
Manchester Journal Inquirer – Eric Bedner and Will Healy | Published: 10/12/2019

More than $32.3 million was spent this year by nearly 1,000 lobbying organizations to push their agendas and try to persuade Connecticut lawmakers into siding with them on key pieces of legislation. Most of that money was spent during the legislative session that ran from January to June. During the 2019 session, the two most lobbied areas of policy involved health care and hospitals and general government, which includes taxes and contracts Peter Lewandowski, executive director of the Office of State Ethics, said the “overwhelming majority” of lobbyists comply with the regulations as the business is mostly “reputation-based.”

Florida – $500 Ethics Fine Against Dennis McDonald Now Upped to $10,000, with Governor’s Reprimand and Censure
FlaglerLive.com; Staff –   | Published: 10/10/2019

A three-year-old ethics case against former Flagler County Commission candidate Dennis McDonald could have ended last June with a $500 fine to which he had agreed. Instead, and for lack of answering a few questions and correcting the record, McDonald now faces a $10,000 fine and a public censure and reprimand by the governor. The Florida Ethics Commission meets on October 25 to vote on the case. The commission voted unanimously at its June meeting to reject a settlement with McDonald because he had not corrected the mistakes on his financial disclosure forms, however minor, that had led to the case against him.

Illinois – Caught on Tape: Ex-Ald. Danny Solis sought money from Jerry Reinsdorf group
Chicago Sun-Times – Tim Novak | Published: 10/11/2019

With FBI agents secretly listening in, then-Chicago Ald. Danny Solis was caught on a wiretap four years ago discussing plans to solicit campaign money from a development group whose owners include sports mogul Jerry Reinsdorf, chairperson of the Chicago Bulls and White Sox, that needed his help at City Hall. Michigan Avenue Real Estate Group needed Solis’ approval for a $40 million apartment complex they later built in his ward. During a call, Solis explained, over the worries of an unidentified aide that the developers were still awaiting the alderman’s approval for the project, how he planned to solicit Reinsdorf’s business partner Thomas Meador, for campaign money. Solis wore a wire for nearly two years, secretly recording conversations at City Hall.

Maryland – ‘Maryland Is Very Corrupt’: Charges against former Del. Tawanna Gaines add to state’s corruption history
Baltimore Sun – Elliott Davis (Capital News Service) | Published: 10/17/2019

Former Maryland Del. Tawanna Gaines is scheduled to be arraigned on a federal wire fraud charge. She is charged with using an undisclosed PayPal account to accept donations to her campaign finance committee. Gaines is not alone. The arraignment adds her to the growing list of politicians in the state who have either committed crimes or ethical violations. Gaines is the third Democratic delegate from Prince George’s County alone to be charged or convicted since 2018.

Michigan – Lights Turn Green for Traffic Signal Company That Hired MDOT Director
Detroit Free Press – Paul Egan | Published: 10/14/2019

The Michigan Department of Transportation (MDOT) made a major shift in who supplies its traffic signal control equipment, just as its former director has taken an executive position with the company that benefits from the change. MDOT used to buy all its traffic signal control equipment and software from Siemens Mobility. But that changed last October, the same month Kirk Steudle, who, for the previous 12 years headed up the department, was named senior vice president of Econolite Systems, a Siemens competitor based in California. In October 2018, the state agency changed its specifications to allow the purchase of traffic signal controllers supplied by Econolite in addition to those made by Siemens.

New York – Big Questions Remain for NY’s Public Campaign Finance Plan
AP News – Marina Villeneuve | Published: 10/14/2019

A New York commission began crafting a small-donor public campaign financing system but has yet to tackle big issues such as when the program would launch and how it would be implemented. The system will provide up to $100 million in public financing to candidates for offices such as governor and Legislature who get enough small private donations. The Public Campaign Financing Commission has until December 1 to announce rules that will become law unless lawmakers hold a rare end-of-year special session to reject them.

New York – Loophole Allows People with City Business to Shower Thousands on Candidates Despite Contribution Limits
New York Daily News – Anna Sanders | Published: 10/14/2019

Contributions from people doing business with New York City were restricted in 2007 and a database was created to ensure candidates and donors complied with the law. Lobbyists pushing city policies and seeking municipal contracts for their clients are included. So are top executives and owners of companies who already have contracts and those lobbying the city.  But the law allows them to act as bundlers for other donors without the same contribution limits. Critics say the arrangement leaves the door wide open for powerful and well-connected New Yorkers to influence elections and sway politicians in their favor.

New York – New York Can Now Bring Charges Against Presidential Pardon Recipients
Politico – Bill Mahoney | Published: 10/16/2019

Gov. Andrew Cuomo signed legislation that will let New York prosecutors bring charges against individuals who have received presidential pardons for related crimes. The bill was explicitly written to address fears that President Trump might use his pardon power to interfere with criminal investigations. The U.S. Supreme Court has found the constitutional prohibition on double jeopardy does not apply to the states. It does not bar state prosecutors from bringing charges against individuals who have already been tried on similar federal crimes. But New York’s existing law included additional safeguards that prohibited these second trials.

North Carolina – Solar Group Solicits Campaign Cash for Top Lawmaker, Tied Directly to Legislative Action
WBTV – Nick Ochsner | Published: 10/16/2019

A solar industry group solicited campaign contributions for a North Carolina legislator in an email to its members and tied the request for funds directly to action he had taken days earlier on a bill opposed by the group. The request came from the North Carolina Clean Energy Business Alliance on behalf of state Rep. John Szoka, chairperson of the House Committee on Energy and Public Utilities. Chris Carmody, the executive director of alliance, asked the organization’s members to donate to Szoka up to $5,200, the maximum contribution allowed under the law. The email noted Szoka and a second lawmaker for their opposition to Senate Bill 559, which would authorize Duke Energy to set energy rates for a multi-year period with relaxed oversight from state regulators.

North Dakota – North Dakota Ethics Commission Receives First Complaint
Bismarck Tribune – Jack Dura | Published: 10/10/2019

North Dakota’s new Ethics Commission has received its first complaint, but its details are not immediately available. The commission, which has met only twice, does not yet have investigative procedures for handling complaints. The panel’s next meeting agenda includes items such as establishing a website and office space and writing job descriptions for hiring staff. The commission may write and adopt rules related to transparency, elections, lobbying, and corruption, but it has yet to begin or even broach a rule-making process.

Ohio – The Right Way for a State to Purge Voters Might Be to Show How Wrong It Is
ENM News – Nicholas Casey (New York Times) | Published: 10/14/2019

Ohio is a battleground state and the site of some of the country’s strictest voting laws, from voter ID requirements to a “use-it-or-lose-it” provision that lets officials drop voters seen as inactive. That has led critics to contend parts of the state are regularly disenfranchised, largely in purges aimed at those who have died or moved away, but which also hit real voters who do not learn they cannot vote until Election Day. Rather than purge the voter rolls behind closed doors as had been done in the past, the state released the full list and gave it to advocacy groups to check. The groups said they found the list was riddled with errors. Around 40,000 people should not have been on it, the state determined. One of the names to be purged as an inactive voter was Jen Miller, director of the League of Women Voters of Ohio.

Rhode Island – Facing Penalties, IGT Discloses $776K More Was Spent in Push for New Contract
Providence Journal – Katherine Gregg | Published: 10/16/2019

Facing potential penalties of up to $5,000 and revocation of its right to lobby in Rhode Island, lottery giant IGT and an affiliate have now publicly disclosed a total of $1.2 million in spending in July, August, and September on the company’s campaign for a no-bid, 20-year contract extension to provide the technology and machines for the Rhode Island Lottery, a state-run entity that produced $397 million in revenue last year. While the company disclosed the $129,000 it paid a dozen lobbyists between July 1 and September 30, it had not disclosed how much it paid its public-relations consultants, advertisers, and affiliates to try to win public and legislative support for the contract extension.

South Carolina – SC Supreme Court Justices Grill Special Prosecutor in Quinn Public Corruption Case
The State – John Monk | Published: 10/15/2019

South Carolina’s five Supreme Court justices fired question after question at special prosecutor David Pascoe about why he wanted to undo the conviction and no-prison sentence of ex-state Rep. Rick Quinn Jr. in a high-profile public corruption case. At the heart of Pascoe’s argument was his claim that the judge who sentenced Quinn erred in allowing Quinn to plead guilty to what Pascoe asserted was a non-crime. The Supreme Court overturning the conviction could allow either a new trial or a guilty plea to a lawful charge, Pascoe has said in briefs on the case.

Texas – Dallas Council Member Violated City Code with VisitDallas Tickets, Ethics Commission Says
Dallas News – Hayat Norimine | Published: 10/15/2019

Dallas City Councilperson Casey Thomas violated the ethics code by failing to disclose over $1,600 worth of event tickets he received from VisitDallas, the city Ethics Advisory Commission said. Ahead of the commission’s vote, Thomas promised to recuse himself from any votes related to VisitDallas, the city’s tourism bureau, for the remainder of his term. He also said he fixed procedures with his staff to ensure the mistake would not happen again. The code of ethics on gifts states that city officials should not accept an item that “is intended to influence or reward” decisions and must file financial disclosure forms for any gift that exceeds $250 within a month of accepting it.

Texas – Texas GOP Speaker Tape: Lawmaker ‘vile,’ Trump ‘killing us’
AP News – Paul Weber and Clarice Silber | Published: 10/15/2019

A secretly recorded audio tape of Texas House Speaker Dennis Bonnen seeking help to oust members of his own Republican Party and profanely disparaging a Democratic House member, along with and other political scheming, has thrown the GOP-controlled Legislature into disarray at a fragile moment when their majority is at stake. The tape has uncorked the biggest political scandal in the state in years. Democrats filed a lawsuit accusing Bonnen of breaking campaign finance laws during the meeting with the head of a conservative group called Empower Texans, which has spent lavishly in pursuit of pulling the Legislature far to the right on issues such as abortion and guns. State investigators responsible for looking into allegations of corruption by public officials have also opened a case.

Virginia – A Virginia Beach Republican Says Democrats Gave His Campaign $44,000. Here’s What’s Going On.
The Virginian-Pilot – Marie Albiges | Published: 10/16/2019

A Republican delegate trying to hold onto his Virginia House seat says his Democratic opponent’s attack mailers have actually benefited his campaign, so much so that he is reporting them as a $44,000 in-kind contribution in official records submitted to the state. Davis said he feels a “legal obligation” to report the donation. The stunt in reality is a creative way to frame what is shaping up to be a close race as Democrats try to flip enough seats to seize control of the General Assembly, said Robin Cooperman, a political science professor at the University of Mary Washington. “It’s political theater, to be sure,” Cooperman said.

Wyoming – Wyoming Utility Regulator Copied, Sent Coal Lobby Letter
WyoFile.com – Andrew Graham | Published: 10/15/2019

The Wyoming Public Service Commission (PSC), in concert with five equivalent bodies from other states, recently asked the Federal Energy Regulatory Commission (FERC) to accelerate an inquiry that could subsidize coal plants in the name of electrical grid reliability. The letter of request appears to have been drafted, in part, by a coal industry lobbying group and passed through by the PSC. Emails obtained by the Energy and Policy Institute through a public records request show three paragraphs of PSC Chairperson Karen Forstrom’s letter match a model letter a representative of the American Coalition for Clean Coal Electricity provided to West Virginia public service commissioners on July 30.

Campaign Finance

National: “Fourth Defendant in Giuliani Associates’ Case Arrested at New York Airport” by Devlin Barrett (Washington Post) for Stamford Advocate

North Carolina: “Solar Group Solicits Campaign Cash for Top Lawmaker, Tied Directly to Legislative Action” by Nick Ochsner for WBTV

Ethics

National: “Trump Emoluments Case Over His D.C. Hotel Gets Second Chance in Legal Challenge” by Ann Marimow (Washington Post) for Connecticut Post

South Carolina: “SC Supreme Court Justices Grill Special Prosecutor in Quinn Public Corruption Case” by John Monk for The State

Texas: “Dallas Council Member Violated City Code with VisitDallas Tickets, Ethics Commission Says” by Hayat Norimine for Dallas News

Lobbying

National: “Department of Justice’s Lobbyist Registry Available, but with Technical Issues” by Giovanna Garofalo for The Weekly

National: “Democratic Lobbyists Bristle at Party’s Attack on K Street” by Alex Gangitano for The Hill

Rhode Island: “Facing Penalties, IGT Pledges to Comply with Disclosure Requirement” by Katherine Gregg for Providence Journal

Wyoming: “Wyoming Utility Regulator Copied, Sent Coal Lobby Letter” by Andrew Graham for WyoFile.com

The Fair Political Practices Commission (FPPC) has revised the Campaign Disclosure Manuals.

Revisions were made to incorporate Disclose Act legislation, including updated ad disclosure charts.

There were also revisions made to reflect the new contribution limits that became effective on January 1, 2019, along with other non-substantive changes.

FPPC staff plans to present the updated manuals for approval at the November 21, 2019 meeting.

Interested persons may submit comments and suggestions by November 12.

Campaign Finance

National: “After Arrest of Giuliani Associates, FEC Chair Says Commission Struggling to Enforce Rules” by Justin Wise for The Hill

National: “Warren Targets ‘Big Money’ in Campaigns, Rules Out Donations from Tech and Bank Executives” by Tal Axelrod for The Hill

New York: “Big Questions Remain for NY’s Public Campaign Finance Plan” by Marina Villeneuve for AP News

Elections

National: “How Amazon.com Moved into the Business of U.S. Elections” by Nandita Bose for Reuters

Ohio: “The Right Way for a State to Purge Voters Might Be to Show How Wrong It Is” by Nicholas Casey (New York Times) for ENM News

Ethics

California: “FBI Investigating Whether Sacramento Pot Businesses Paid Bribes to Public Officials” by Sam Stanton and Ryan Sabalow for Sacramento Bee

Texas: “Texas House Speaker Dennis Bonnen Offered Media Access to Empower Texans, Suggested It Target Certain Republicans, Recording Shows” by Casandra Pollock, Emma Platoff, and Patrick Svitek for Texas Tribune

Campaign Finance

New York: “Loophole Allows People with City Business to Shower Thousands on Candidates Despite Contribution Limits” by Anna Sanders for New York Daily News

Elections

National: “Warren Dares Facebook With Intentionally False Political Ad” by Cecilia Kang and Thomas Kaplan (New York Times) for ENM News

Ethics

National: “Those Foreign Business Ties? The Trump Sons Have Plenty Too” by Eric Lipton, Steve Eder, and Ben Protess (New York Times) for ENM News

National: “Violent Spoof Video of Trump Killing His Critics Shows How Memes Have Reshaped Politics” by Drew Harwell and Tony Romm for Washington Post

National: “Biden’s New Ethics Plan Includes Constitutional Amendment to Publicly Finance Elections” by Mike Mernoli for NBC News

Lobbying

National: “Giuliani Is Said to Be Under Investigation for Ukraine Work” by Michael Schmidt, Ben Protess, Kenneth Vogel, and William Rashbaum (New York Times) for MSN

Connecticut: “Government for Sale? Lobbyists Spent $32M This Year to Influence Legislative Session” by Eric Bedner and Will Healy for Manchester Journal Inquirer

Procurement

Michigan: “Lights Turn Green for Traffic Signal Company That Hired MDOT Director” by Paul Egan for Detroit Free Press

Gov. Gavin Newsom signed a series of bills addressing lobbying and campaign finance transparency.

Assembly Bill 902 codifies current regulations into law, including regulations regarding filing deadlines, bookkeeping, and lobbyist registration.

Assembly Bill 201 broadens the definition of mass mailing to include campaign-related mass texting. Mass text messages are required to include the name or image of a candidate, or refer to a ballot measure.

Additional bills passed address campaign spending by candidate committees.

Senate Bill 71 prohibits the expenditure of funds in a legal defense fund campaign account to pay or reimburse a candidate or elected officer for attorney’s fees or other legal costs.

The bill also prohibits the use of campaign funds to pay for fines, penalties, judgments, or settlements, except as specified.

The bills become effective on January 1, 2020.

Campaign Finance

National: “FEC Chairwoman Says She ‘Will Not Be Silenced’ after Republican Lawmaker Requests Ethics Investigation” by Kaatina Iyer for CNN

National: “Ukraine Scandal Snags Pete Sessions’s Congressional Comeback Bid” by Catie Edmondson (New York Times) for MSN

Arkansas: “Speaking as Taxpayer in TV Ad, Griffin Says; His Appearance Raises Campaign Questions” by Alyson Hoge for Arkansas Democrat-Gazette

Illinois: “Caught on Tape: Ex-Ald. Danny Solis sought money from Jerry Reinsdorf group” by Tim Novak for Chicago Sun-Times

Ethics

National: “Giuliani Pressed for Turkish Prisoner Swap in Oval Office Meeting” by Jo Becker, Maggie Haberman, and Eric Lipton (New York Times) for MSN

National: “Appeals Court Rules Against Trump in Fight with Congress Over President’s Accounting Firm Records” by Ann Marimow, Spencer Hsu, and David Fahrenthold (Washington Post) for Washington Post

Florida: “$500 Ethics Fine Against Dennis McDonald Now Upped to $10,000, with Governor’s Reprimand and Censure” by   for FlaglerLive.com; Staff

North Dakota: “North Dakota Ethics Commission Receives First Complaint” by Jack Dura for Bismarck Tribune

National/Federal

Bernie Sanders Says He Will Slow His Campaign Pace After Heart Attack
ENM News – Sydney Ember and Jonathan Martin (New York Times) | Published: 10/8/2019

U.S. Sen. Bernie Sanders, in a striking concession for a leading presidential candidate, said he planned to slow down his pace on the campaign trail after suffering a heart attack, and acknowledged voters would likely consider his health when deciding whether to support him. Sanders’ remarks stood in contrast with comments in recent days from his campaign advisers, who have insisted the senator was neither changing course nor easing his trademark intensity as a result of the heart attack. Given Sanders’ influential role in the Democratic race, not only as a top candidate but also as a driving force in policy debates, his decision to pull back campaigning injects new uncertainty into the contest.

Bernie Sanders, Resting at Home, Announces Plan to Curtail Money in Politics
San Francisco Chronicle – Chelsea Janes (Washington Post) | Published: 10/7/2019

As U.S. Sen. Bernie Sanders recovers at his home from a heart attack, his presidential campaign is pushing ahead without his typical frequent campaign appearances and trying to foster a sense of business as usual. The campaign released a plan to “get corporate money out of politics,” a proposal that would eliminate big-dollar fundraising for all federal elections, enact a constitutional amendment to declare campaign contributions are not speech, and take aim at the Democratic National Convention. The changes would undermine the fundraising approach of not only President Trump and the Republicans, but almost all of Sanders’s fellow Democratic candidates, too.

Bipartisan Senate Report Calls for Sweeping Effort to Prevent Russian Interference in 2020 Election
MSN – Craig Timberg and Tony Romm (Washington Post) | Published: 10/8/2019

A bipartisan panel of U.S. senators called for sweeping action by Congress, the White House, and Silicon Valley to ensure social media sites are not used to interfere in the coming presidential election, delivering a sobering assessment about the weaknesses that Russian operatives exploited in the 2016 campaign. The Senate Intelligence Committee, a Republican-led panel that has been investigating foreign electoral interference for more than two-and-a-half years, said in blunt language that Russians worked to damage Hillary Clinton while bolstering Donald Trump, and made clear that fresh rounds of interference are likely ahead of the 2020 vote.

DC Court Refuses to Overturn Campaign Finance Law
Courthouse News Service – Megan Mineiro | Published: 10/3/2019

A panel of the U.S. Court of Appeals for the District of Columbia Circuit rejected a bipartisan appeal from lawmakers to upend precedent on campaign finance law, upholding an earlier decision. The 2010 SpeechNow v. Federal Election Commission ruling held that certain PACs can collect unlimited contributions from both individuals and corporations with the caveat being that PAC activities are not made “‘in cooperation, consultation, or concert, with, or at the request or suggestion of” a candidate, campaign, or political party. “Since the purpose of this lawsuit is to challenge the D.C. Circuit’s 2010 SpeechNow decision, we look forward to now presenting the case to a court that is authorized to overrule SpeechNow, which the three-judge panel was not empowered to do,” said Ronald Fein, an attorney with Free Speech For People.

Donald Trump’s Longtime Business Connections in Turkey Back in the Spotlight
NBC News – Heidi Przybyla and Anna Schecter | Published: 10/9/2019

President Trump’s decision to pull U.S. troops out of Northern Syria has drawn harsh rebukes from both Republicans and Democrats in Congress and raised alarm bells among America’s allies across the globe. While the president has defended the decision as part of his longtime promise to end U.S. military involvement in the region, even his staunchest supporters at home warned it has essentially given Turkey a green light for a major military offensive against the Kurdish minority there, a target of Turkish President Recep Tayyip Erdogan. The fact that Trump made his decision to remove the troops shortly after a phone call with Erdogan has raised alarm bells from policymakers, as well as government ethics watchdog groups who have long seen Trump’s extensive business interests as a potential area for conflicts-of-interest.

Elaine Chao Favored Kentuckians in Meeting with Officials Seeking Grants
Politico – Tanya Snyder, Tucker Doherty, and Arren Kimbel-Sannit | Published: 10/7/2019

In her first 14 months as Transportation secretary, Elaine Chao met with officials from Kentucky, which her husband Mitch McConnell represents in the Senate, vastly more often than those from any other state. In all, 25 percent of Chao’s scheduled meetings with local officials of any state from January 2017 to March 2018 were with Kentuckians. At least five of Chao’s 18 meetings with local Kentuckians were requested in emails from McConnell staffers, who alerted Chao’s staff members which of the officials were “friends” or “loyal supporters,” according to records. Some of the officials who met with Chao had active grant applications before the Department of Transportation through competitive programs and the emails indicate the meetings sometimes involved the exchange of information about grants and opportunities for the officials to plead their case directly before Chao.

Facebook’s Hands-Off Approach to Political Speech Gets Impeachment Test
ENM News – Cecilia Kang (New York Times) | Published: 10/9/2019

Facebook rejected a request from Joe Biden’s presidential campaign to take it down a video ad by President Trump’s campaign, even though CNN refused to air the ad, saying it made false accusations. In a letter to the Biden campaign, Facebook said the ad did not violate company policies. The social network recently announced that politicians and their campaigns had nearly free rein over content they post there. Even false statements and misleading content in ads, the company has said, are an important part of the political conversation. Facebook’s decision illustrates its executives’ resolve to stay out of the moderation of political speech, despite the use of the social network to spread disinformation in the 2016 presidential campaign.

He Was Trump’s First Fan in Congress. Now He’s a Felon.
ENM News – Vivian Wang (New York Times) | Published: 10/8/2019

The story of former U.S. Rep. Christopher Collins’s rise and fall – businessperson to congressional backbencher, then presidential cheerleader to felon – is a tale of money, politics, family ties and murky ethics. It is also the story of a man who rose to prominence by hitching himself to Donald Trump, and whose star then plummeted as quickly as it rose. Collins resigned his seat and agreed to plead guilty to conspiracy to commit securities fraud and lying to federal investigators. He faces up to 10 years in prison, but prosecutors and defense lawyers have agreed to seek a sentence between 46 months and 57 months.

Legal Team Says It Represents a Second Whistle-Blower Over Trump and Ukraine
MSN – Annie Karni and Nicholas Fandos (New York Times) | Published: 10/4/2019

An intelligence official with “firsthand knowledge” has provided information related to President Trump’s dealings with Ukraine and is now protected from retaliation as a whistle-blower, lawyers representing the official said, confirming a second individual has come forward in the matter. Much is unknown about the official, who has been interviewed by the intelligence community’s inspector general but has not filed a formal complaint. But the individual has hired the same legal team as the first whistle-blower. That, and the claim of “firsthand knowledge,” suggests testimony that might bolster the impeachment case against Trump and further undermine one of his main defense claims: that the accusations against him are based on inaccurate, secondhand information.

Officials’ Texts Reveal Belief That Trump Wanted Probes as Condition of Ukraine Meeting
MSN – Karoun Demirjian, Rachael Bade, Josh Dawsey, and John Hudson (Washington Post) | Published: 10/4/2019

House investigators released numerous text messages illustrating how senior State Department officials coordinated with the Ukrainian president’s top aide and President Trump’s personal lawyer to leverage a potential summit between the heads of state on a promise from the Ukrainians to investigate the 2016 U.S. election and an energy company that employed Joe Biden’s son. The texts, which former special U.S. envoy to Ukraine Kurt Volker provided investigators, reveal officials felt Trump would not agree to meet with Ukrainian President Volodymyr Zelensky unless Zelensky promised to launch the investigations, and did so publicly.

Rick Perry’s Focus on Gas Company Entangles Him in Ukraine Case
ENM News – Kenneth Vogel, Matina Stevis-Gridneff, and Andrew Kramer (New York Times) | Published: 10/7/2019

When Energy Secretary Rick Perry led an American delegation to the inauguration Ukraine President Volodymyr Zelensky, he suggested the names of Americans the new government might want to advise and oversee the country’s state-owned gas company. Perry’s focus during the trip on Ukraine’s energy industry was in keeping with a push he had begun months earlier and was consistent with U.S. policy of promoting anti-corruption efforts in Ukraine and greater energy independence. But his actions during the trip have entangled him in a controversy about a pressure campaign waged by President Trump and his allies directed at the new Zelensky that is at the center of the impeachment inquiry into Trump. That effort sought to pressure Zelensky’s government to investigate Trump’s rivals, including former Vice President Joe Biden.

‘Shadow Lobbying’ in Trump’s Washington
Center for Responsive Politics – Karl Evers-Hillstrom and Dan Auble | Published: 10/3/2019

The Center for Responsive Politics investigated several aspects of unreported lobbying and advocacy in Washington, D.C. The analysis indicated that undisclosed lobbying activities are common. When an individual engages in advocacy to influence public policy but does not register as a lobbyist, it is typically referred to as “shadow lobbying.” It is common, for example, that a top government affairs employee oversees lobbying activity but never actually registers under the Lobbying Disclosure Act by exploiting its various loopholes.

Silence on Big-Money Bundlers Bedevils Watchdog Groups
The Fulcrom; Staff –   | Published: 10/9/2019

Some of the most prominent political reform groups have been pressing the presidential candidates for months to be transparent about who is helping them fill their campaign coffers. But they are getting hardly anywhere. The group put out another plea recently, urging all 19 Democrats remaining in the race, plus President Trump and his three Republican challengers, to “implement a system to regularly and meaningfully disclose information” about their so-called bundlers. Since the first request was sent, only one candidate has come close to meeting the coalition’s demands: Pete Buttigieg. He released a list of his two dozen bundlers in April, but it did not include how much money each had collected on his behalf.

Trump’s 2016 Campaign Was Run on a Shoestring. His Reelection Machine Is Huge – and Armed with Consultants.
Philadelphia Inquirer – Michelle Ye Hee Lee and Anu Narayanswamy (Washington Post) | Published: 10/8/2019

Donald Trump’s presidential campaign in 2015 had no pollster, rapid-response team, or fundraiser. A bare-bones staff toiled in a makeshift office at Trump Tower. His opponents vastly outspent him – and lost. But as president, Trump’s campaign machine has dramatically escalated, powered by a historically large fund of donations large and small that has given him a head start over the eventual Democratic nominee. The spending has also created a financial boon for a political-consulting class he once shunned. Beneficiaries of that money include a mix of experienced hands who have long been part of the GOP establishment and a newer crop of strategists who rode Trump’s coattails to a potentially lucrative career in presidential politics.

Two Business Associates of Trump’s Personal Attorney Giuliani Have Been Arrested on Campaign Finance Charges
MSN – Devlin Barrett and John Wagner (Washington Post) | Published: 10/10/2019

Two Florida businesspeople tied to President Trump’s personal lawyer Rudolph Giuliani were arrested on campaign finance violations resulting from a $325,000 donation to a PAC supporting Trump’s reelection. Lev Parnas and Igor Fruman were arrested on a four-count indictment that includes charges of conspiracy, making false statements to the FEC, and falsification of records. Parnas and Fruman were central to Giuliani’s efforts to get government officials in Ukraine to investigate business dealings by former Vice President Joe Biden and his son. The indictment, filled with allegations of political donations being made in secret for the benefit of foreign interests, only adds to the growing legal and political pressure on Trump and Giuliani as they try to fend off Democrats’ impeachment efforts.

US-Based Foreign Agent Bankrolled Ukraine President Zelensky’s DC Lobbying in Hopes of Ukrainian Government Job
Center for Responsive Politics – Anna Massoglia and Yue Stella Yu | Published: 10/7/2019

A little-known U.S.-based attorney, Marcus Cohen, quietly poured six figures into foreign influence operations for Ukraine President Volodymyr Zelensky, hoping to be rewarded with a job in his administration. The new Foreign Agent Registration Act (FARA) records reveal previously unreported meetings with Trump administration officials and details of a six-figure lobbying campaign promoting Zelensky’s interests in the U.S. during the leadup to his election and now-infamous phone call with President Trump. Cohen’s FARA registration follows a request by the Justice Department. He has previously operated under the radar with little paper trail.

Warren Swears Off High-Dollar Fundraisers in Potential General Election
Politico – Alex Thompson and Elena Schneider | Published: 10/9/2019

U.S. Sen. Elizabeth Warren said she will continue to swear off high-dollar campaign fundraisers in the general election if she becomes the Democratic presidential nominee, extending her self-imposed ban on the events beyond the primary and reversing an earlier statement. Warren had said earlier this year that she could do high-dollar fundraisers as the Democratic nominee in 2020 after swearing them off in the primary, to avoid “unilateral disarmament” against President Trump and the GOP. Campaign spokesperson Kristen Orthman clarified that Warren’s pledge would apply only to her presidential campaign, not to raising money for the Democratic Party or other candidates.

White House Declares War on Impeachment Inquiry, Claiming Effort to Undo Trump’s Election
MSN – Nicholas Fandos, Peter Baker, Michael Schmidt, and Maggie Haberman (New York Times) | Published: 10/8/2019

The White House declared it will halt all cooperation with the impeachment probe by House Democrats. In an eight-page letter, the White House said the inquiry into the Ukraine scandal was without merit, complained that President Trump has been denied his due process rights, and argued Democrats were intent on overturning the results of the 2016 election and influencing the 2020 contest. Trump’s decision to resist across the board is itself a potentially precedent setting move that could have far-reaching implications for the inquiry. Democrats believe it bolsters their list of impeachable offenses, adding the stonewalling of Congress to the tally, but it could also deprive them of crucial witnesses and evidence they might need to lodge credible charges against the president.

From the States and Municipalities

Alabama – Montgomery, Ala., Elects Its First African American Mayor After 200 Years
MSN – Meagan Flynn (Washington Pot) | Published: 10/9/2019

Making history, voters in Montgomery, Alabama, elected Steven Reed as the first African American mayor in the 200 years since the city’s founding. His victory reverberated well beyond Montgomery as many celebrated the milestone in a city remembered as both the cradle of the Confederacy and the birthplace of the civil rights movement. Montgomery, where about 60 percent of residents are black, was the first capital of the Confederate States of America, becoming a bastion of racial violence and discrimination in the Jim Crow era but also of protests and resistance in the civil rights era.

Alaska – New Rule Could Put State on Defense When an Alaska Governor Is Accused of an Ethics Violation
Anchorage Daily News – James Brooks | Published: 10/5/2019

Ten years ago, Sarah Palin announced she would resign as governor of Alaska. Explaining her decision, Palin gave a variety of reasons, including she felt financially and personally embattled by a host of ethics complaints. Under state law, she had to pay for her own legal defense. Under a proposed regulation now out for public comment, the state attorney general could direct the Department of Law to defend the governor or lieutenant governor if an ethics complaint is filed against them. The attorney general would have to state in writing that the defense is in the state’s best interest.

California – California Makes ‘Deepfake’ Videos Illegal, but Law May Be Hard to Enforce
The Guardian – Kari Paul | Published: 10/7/2019

California made it illegal to create or distribute “deepfakes” in a move meant to protect voters from misinformation but may be difficult to enforce. Gov. Gavin Newsom signed legislation that makes it illegal to create or distribute videos, images, or audio of politicians doctored to resemble real footage within 60 days of an election. Deepfakes are videos manipulated by artificial intelligence to overlay images of celebrity faces on others’ bodies and are meant to make viewers think they are real. But the new law will face a number of roadblocks, said Jane Kirtley, a professor of media ethics and law, as political speech enjoys more protections in print and online than in broadcast.

California – Judge in Insurance Case Refuses to Change Ruling in Favor of Lara Donor
San Diego Union Tribune – Jeff McDonald | Published: 10/4/2019

For the second time in three months, a judge for the California Department of Insurance refused to change or reconsider his ruling in a workers compensation case, despite direction from Commissioner Ricardo Lara or his special counsel. The case involves a subsidiary of a company whose executives gave thousands of dollars to Lara’s campaign. It is at least the fifth time the department took positions in cases that benefited Applied Underwriters, an Oklahoma insurer whose California subsidiary sold what are called EquityComp policies, which have generated dozens of complaints to state regulators.

Connecticut – Partnership for CT Opens First Meeting to Public, but Transparency Questions Persist
Connecticut Mirror – Kathleen Megan | Published: 10/8/2019

The Partnership for Connecticut has invited the public to the first “organizational meeting” of its governing board, but it is unclear what portion of that meeting, or subsequent meeting, will be open, or what the board will be discussing. The new partnership and its board, a private, nonprofit organization created to carry out a public-private collaboration between the state and Dalio Philanthropies, has been the subject of controversy since lawmakers exempted it from state disclosure and ethics rules even though taxpayer money is being used in the endeavor.

Florida – Rosen Gonzalez Cleared in Ethics Probe After Accusation She Lobbied for Contractors
Miami Herald – Martin Vassolo | Published: 10/5/2019

The most recent ethics complaint lodged against Miami Beach Commission candidate Kristen Rosen Gonzalez was dismissed about four months ago, according to an investigative report. At issue was whether Rosen Gonzalez violated the county’s ethics code, which prohibits former city officials from lobbying the city within two years after leaving their position. The Miami-Dade Commission on Ethics & Public Trust concluded there was insufficient evidence that Rosen Gonzalez, a former city commissioner, had lobbied senior city staff on behalf of three businesses contracted to do flooding-related work for the city.

Kansas – Wichita Council Members Can Take Unlimited Gifts. It’s Not Like That Everywhere
Wichita Eagle – Jonathan Shorman and Chance Swaim | Published: 10/6/2019

A Wichita Eagle review of cities across the region found ethics codes that prohibit specific behavior by elected officials that would leave them open to improper influence. Some states even require local officials to receive ethics training. In Wichita, city employees can be fired for accepting gifts, travel, or meals from anyone doing business with the city. But those rules do not apply to the mayor and city council. Instead, council members are supposed to follow an ethics ordinance that forbids them from doing business with friends and clients, with enforcement left up to the council itself.

Maryland – Del. Tawanna Gaines, Longtime Md. Lawmaker, Charged with Federal Wire Fraud
Washington Post – Ovetta Wiggins and Erin Cox | Published: 10/7/2019

Maryland Del. Tawanna Gaines was charged with federal wire fraud, accused of using $22,000 in campaign funds for personal expenses. She abruptly resigned from the General Assembly. She is accused of defrauding her campaign account, Friends of Tawanna P. Gaines, by soliciting donations that were directed to a PayPal account that was not disclosed in state campaign finance filings. Court documents allege Gaines told donors the money would go to her reelection campaign and to help her maintain her leadership positions. Instead, she is accused of using the money for herself.

Minnesota – Minneapolis Arena Backs Off on Rally Security Costs after Trump Campaign Cries Extortion, Threatens to Sue
Washington Post – Colby Itkowitz | Published: 10/8/2019

After the Trump campaign threatened to sue a Minneapolis arena for passing along a large security bill from the city to cover costs of the president’s political rally there later this week, the venue withdrew the request. Minneapolis officials told the Target Center, where Trump is slated to appear, that it would be responsible for the $530,000 the city says it will need to beef up security for the visit. The Target Center planned to pass that bill along to the Trump campaign and said the campaign would have to pay or it could not use the arena. But after a day of angry tweets from the president, the campaign announced the arena will not be canceling the contract and the campaign will not be paying any additional fees.

Mississippi – 4 Louisiana Men Plead Guilty in Mississippi Bribe Scheme
AP News – Jeff Amy | Published: 10/3/2019

Four Louisiana men have pleaded guilty to conspiring to bribe Mississippi’s former corrections commissioner and trying to bribe a Mississippi sheriff. Michael LeBlanc Sr., Michael LeBlanc Jr., Tawasky Ventroy, and Jacque Jones each entered a guilty plea in federal court to one count of conspiracy. All four men say they paid former Mississippi Corrections Commissioner Christopher Epps a $2,000 bribe in 2014 and promised him future bribes to secure his help in influencing sheriffs, especially those with regional jails overseen by the state, to let them sell phone service and commissary goods to inmates. They also admit to giving Kemper County Sheriff James Moore $2,000 in casino chips in an unsuccessful attempt to bribe him.

Missouri – Mystery Money Tied to McKee Slips into Missouri Attorney General Race
St. Louis Post-Dispatch – Jack Suntrup | Published: 10/3/2019

A St. Louis-based company that contributed to a committee supporting Missouri Attorney General Eric Schmitt’s election will not disclose anything about itself. The EC I Fund donated $10,000 to the MO Opportunity PAC, which was formed in support of Schmitt’s 2020 election bid. The contribution represents a fraction of the more than $670,000 the MO Opportunity PAC has secured this year, but it raises questions about whether the attorney general’s office can, or should, wall off Schmitt from cases that may involve EC I Fund officials, especially if the identities of those officials are unknown.

Nevada – LVCVA Board Bans Gifts as Part of Ethics Overhaul
Las Vegas Review-Journal – Jeff German | Published: 10/8/2019

Las Vegas Convention and Visitors Authority (LVCVA) board members approved new ethics rules that ban members from accepting gifts and tighten controls over travel. The changes have come amid a media investigation that found excessive spending at the tax funded LVCVA and lax board oversight of gifts and traveling expenses. The move also came after prosecutors filed felony theft charges against three former LVCVA executives over the mishandling of $90,000 in Southwest Airlines gift cards bought by the agency between 2012 and 2017. The new policies remove a $400 limit on accepting gifts and no longer encourage board members to travel abroad on LVCVA business unless they have expertise that can assist staff on a trip.

Nevada – State Republican Party Chair Did Little Work for Second Job as Dental Board Lobbyist, Records Show
Nevada Independent – Riley Snider | Published: 10/6/2019

Michael McDonald in September won re-election to a fifth term leading Nevada’s Republican Party. But leading the state GOP is not the only job on McDonald’s plate. For the past year, he has worked as the lobbyist for the Nevada State Board of Dental Examiners, the seventh-largest occupational licensing board in the state, although public records raise questions about his work for the board. Since he was hired in May 2018 (beating out two established lobbying firms led by former lawmakers), records indicate McDonald has spoken at just one board meeting in that 16 months. Public records requests reveal his only written correspondence with the board since he was hired has been monthly invoices, a request for $3,428.57 every month. Lobbyists and lawmakers reported not interacting or seeing him during the legislative session.

New York – Federal Judge Rules Trump Must Turn Over His Tax Returns to Manhattan DA, but Trump Has Appealed
MSN – David Fahrenthold and Ann Marimow (Washington Post) | Published: 10/7/2019

A federal judge dismissed President Trump’s lawsuit seeking to block the Manhattan district attorney from obtaining the president’s tax returns as part of an investigation into hush-money payments during the 2016 campaign. That decision does not mean the tax returns will be handed over immediately. Trump appealed within minutes, and an appeals court put the case on hold until it can hear the president’s challenge. But the ruling by U.S. District Court Judge Victor Marrero was still a broad rejection of Trump’s precedent-shattering argument in this case. The president argued that, as long as he is president, he cannot be investigated by any prosecutor, anywhere, for any reason. Marrero said that was “repugnant” to an American ideal as old as the Constitution: that no person, even a president, is above the law.

North Carolina – NC House Speaker Suing Duke Energy
WRAL – Travis Fain | Published: 10/8/2019

North Carolina House Speaker Tim Moore, who has power over whether bills live or die, is suing a company making one of the biggest lobbying pushes of this legislative session: Duke Energy. Moore is the lead attorney in a negligence case. A farmer was electrocuted when the sprayer boom on his tractor lifted into a power line. A lawsuit Moore filed on the family’s behalf argues that Duke’s line was too low. State Rep. David Lewis, who used to own a tractor dealership, is a paid expert witness in the case. Moore said he does not see a conflict-of-interest. He said Duke has not tried to curry favor with a settlement proposal as the company’s lobbying team works to pass Senate Bill 559, a potential major change in the way North Carolina sets electricity rates.

Oregon – Don’t Hire Your Relatives, Oregon Ethics Watchdog Tells Secretary of State
Portland Oregonian; Staff –   | Published: 10/3/2019

Oregon’s ethics watchdog says Secretary of State Bev Clarno cannot hire her son, or any other family member, to perform paid work for her office without running afoul of the state’s conflict-of-interest law. Questions of nepotism arose after Clarno appointed her son, Randy Hilderbrand, to an unpaid volunteer role when she took over the office. Gov. Kate Brown appointed Clarno to replace Dennis Richardson, who died in February. While that may be the guidance for the secretary of state, Oregon legislators follow an entirely different rule. Oregon is one of the few states in the nation that allows lawmakers to hire family members. The Legislature passed a bill a decade ago providing lawmakers an exception to state anti-nepotism laws.

Pennsylvania – How Working Families Party’s Kendra Brooks Built the Biggest Independent Fundraising Machine in Philly Council History
Philadelphia Inquirer – Jonathan Lai and Sean Collins Walsh | Published: 10/9/2019

In her bid to win a Philadelphia City Council seat that has been held by Republicans for decades, Working Families Party candidate Kendra Brooks has drawn endorsements from high-profile elected officials and some unions, anger from the city’s Democratic establishment, and the backing of Philadelphia’s progressive movement. She has also raised a record amount of money for a third-party candidate. Beyond the total amount, Brooks’ fundraising is qualitatively different than that of most candidates.

Pennsylvania – The Amish Are the Target of a Republican Campaign to Drum Up Pa. Votes for Trump
Philadelphia Inquirer – Julie Zauzmer (Washington Post) | Published: 10/9/2019

Donald Trump won Pennsylvania in 2016 by a margin of less than 45,000 votes. The state is also home to 75,000 Amish people, most of whom do not vote. Two Republican political operatives are trying to convince the Amish to come out to the polls, where their votes might be influential. Their project, which started with billboards and newspaper ads urging Amish people to vote for Donald Trump, goes by the name Amish PAC. Amish people tend to align on policy with Republicans, who share their opposition to abortion and same-sex marriage. But making voters out of the Amish, who forgo technology like television and the Internet and who believe in the separation of their religious community from government intrusion, may be a steep goal.

Rhode Island – Grand Jury Probe Shines Spotlight on R.I. Speaker’s Narrow 2016 Campaign Win
Boston Globe – Dan McGowan | Published: 10/9/2019

Three weeks before the 2016 election, with Rhode Island House Speaker Nicholas Mattiello in a close race, his campaign had one last trick up its sleeve: an endorsement from Shawna Lawton, a little-known Republican who lost a primary to Mattiello’s general election opponent Steven Frias a month earlier. The campaign would mail the endorsement to thousands of voters in the district. Mattiello squeaked past Frias by 85 votes, and then he easily retained the speakership. But the details surrounding the endorsement mailer, including who paid for it and how it was arranged, have haunted Mattiello ever since. The state Board of Elections forwarded the case to the attorney general’s office, and now a grand jury has been convened to review whether anyone from Mattiello’s campaign broke the law.

Texas – The 2019 Texas Inauguration Cost a Record $5.3 Million. Where Are the Receipts?
Texas Tribune – Jay Root and Shannon Najmabadi | Published: 10/9/2019

The Texas Tribune filed a lawsuit seeking to discover what happened to the $5.3 million raised for Gov. Greg Abbott’s inauguration through ticket sales and donations from top lobbying firms, corporations and banks, wealthy businesspeople, and trade groups. The only accounting the inaugural committee has given came in its “final report” to the secretary of state’s office. In a one-page list of cash receipts and disbursements, the report gives 11 broad categories of expenditures. The Tribune asked the offices of the governor and lieutenant governor to help get basic information about the expenditures, such as who was paid to raise the money, the names of people or entities receiving large outlays, and which charities got donations. Most of those questions went unanswered.

Washington DC – D.C. Ethics Agency Failed to Probe Prominent Whistleblower Complaint, Audit Says
Washington Post – Fenit Nirappil | Published: 10/3/2019

The District of Columbia’s ethics agency mishandled a whistleblower complaint and has repeatedly failed to respond to city workers seeking guidance regarding ethics, according to a new report by city Auditor Kathy Patterson. The report found the Board of Ethics and Governmental Accountability failed to investigate a 2018 complaint from a whistleblower alleging city officials improperly steered millions of dollars to an affordable-housing developer with political connections, despite repeated attempts by the whistleblower and referrals from others in city government. The mishandling of the case appeared to be part of a broader pattern of dysfunction at the ethics board, Patterson wrote.

West Virginia – Supreme Court Won’t Intervene Over West Virginia Justices
AP News – John Raby | Published: 10/7/2019

The U.S. Supreme Court said it will leave in place a court decision that derailed the impeachment trials of three West Virginia Supreme Court justices accused of corruption. The case the high court declined to review was a decision by five acting justices of West Virginia’s highest court who ruled last year that prosecuting then-state Supreme Court Chief Justice Margaret Workman in the Senate would violate the state constitution’s separation of powers clause. The ruling in Workman’s case was later applied to also halt impeachment proceedings against two other justices who have since left the court.

Campaign Finance

Texas: “The 2019 Texas Inauguration Cost a Record $5.3 Million. Where Are the Receipts?” by Jay Root and Shannon Najmabadi for Texas Tribune

Elections

National: “Bernie Sanders Says He Will Slow His Campaign Pace After Heart Attack” by Sydney Ember and Jonathan Martin (New York Times) for ENM News

California: “California Makes ‘Deepfake’ Videos Illegal, but Law May Be Hard to Enforce” by Kari Paul for The Guardian

Pennsylvania: “The Amish Are the Target of a Republican Campaign to Drum Up Pa. Votes for Trump” by Julie Zauzmer (Washington Post) for Philadelphia Inquirer

Ethics

National: “Donald Trump’s Longtime Business Connections in Turkey Back in the Spotlight” by Heidi Przybyla and Anna Schecter for NBC News

National: “White House Declares War on Impeachment Inquiry, Claiming Effort to Undo Trump’s Election” by Nicholas Fandos, Peter Baker, Michael Schmidt, and Maggie Haberman (New York Times) for MSN

Minnesota: “Minneapolis Arena Backs Off on Rally Security Costs after Trump Campaign Cries Extortion, Threatens to Sue” by Colby Itkowitz for Washington Post

North Carolina: “NC House Speaker Suing Duke Energy” by Travis Fain for WRAL

Lobbying

Nevada: “LVCVA Board Bans Gifts as Part of Ethics Overhaul” by Jeff German for Las Vegas Review-Journal

Gov. Gavin Newsom signed a campaign finance bill imposing limits on contributions to candidates for elective county and city offices in jurisdictions that have not independently imposed contribution limits.

Currently, a county or a city may, by ordinance or resolution, limit campaign contributions in local elections. However, many counties and cities have not imposed such limits.

Assembly Bill 571 establishes contribution limits of $4,700 per election to a candidate for elective office in a city or county in which the local government has not established a limit.

The bill also allows a local government to establish different limits that are more precisely tailored to the needs of the community.

Assembly Bill 571 becomes effective January 1, 2021.

On October 2, 2019, a U.S. District Court for the District of New Jersey issued an opinion and order issuing a preliminary injunction.

The Injunction prohibits the state of New Jersey from enforcing the changes in the law from a bill passed earlier this year concerning disclosure requirements by independent expenditure committees.

Senate Bill 150, which was to take effect on October 15, requires the committees to disclose donors giving more than $10,000 and expenditures over $3,000.

The parties filing the lawsuit, Americans for Prosperity v. Grewal, argue the disclosure requirements are unconstitutional and violate the First Amendment.

The preliminary injunction will continue while the lawsuit proceeds.