October 16, 2020 •
News You Can Use Digest – October 16, 2020
National/Federal As U.S. Politics Heats Up, Companies Seek to Avoid Controversy Reuters – Jessica DiNapoli | Published: 10/13/2020 A record number of U.S. companies are either banning political spending or making sure they disclose it, as they seek to steer clear […]
National/Federal
As U.S. Politics Heats Up, Companies Seek to Avoid Controversy
Reuters – Jessica DiNapoli | Published: 10/13/2020
A record number of U.S. companies are either banning political spending or making sure they disclose it, as they seek to steer clear of controversy ahead of the November 3 election, a new study found. While many American corporations donate to candidates and campaigns, some do not disclose it. This can put them in the crosshairs of customers and suppliers who can accuse them of a lack of transparency. The Center for Political Accountability found 332 companies in the S&P 500 prohibited some kind of political spending, like funding political committees, or disclosed some or all of their election-related spending in 2020, up roughly nine percent from 2016.
As Virus Spread, Reports of Trump Administration’s Private Briefings Fueled Sell-Off
New York Times – Kate Kelly and Mark Mazzetti | Published: 10/14/2020
On the day President Trump declared the coronavirus was “very much under control,” senior members of the president’s economic team, privately addressing board members of the Hoover Institution, were less confident. Tomas Philipson, an economic adviser to the president, told the group he could not yet estimate the effects of the virus on the American economy. To some in the group, the implication was that an outbreak could prove worse than administration advisers were signaling in public. A hedge fund consultant’s assessment of the meeting spread through parts of the investment world and traders spotted the immediate significance: the president’s aides appeared to be giving wealthy party donors an early warning of a potentially impactful contagion at a time when Trump was publicly insisting the threat was nonexistent.
Court Tells FEC to Take Action on Complaint Against Dark Money Group Tied to Joni Ernst
The Gazete – James Lynch | Published: 10/14/2020
A U.S. District Court judge entered a default judgment against the FEC, ordering it to act on a complaint involving a so-called dark money group tied to U.S. Sen. Joni Ernst’s campaign. The complaint was brought by the Campaign Legal Center, which told the court the FEC had failed to take action on its complaint that Ernst’s campaign had illegally coordinated with Iowa Values, a political nonprofit backing the senator. Candidates and outside groups are prohibited from coordinating their political activities. The FEC generally has not enforced coordination rules, allowing for the proliferation of super PACs and nonprofit groups tied to party leaders and individual candidates, according to the Center for Responsive Politics.
Facebook to Temporarily Halt Political Ads in U.S. After Polls Close Nov. 3, Broadening Earlier Restrictions
Washington Post – Elizabeth Dwoskin | Published: 10/7/2020
Facebook said it plans to temporarily suspend all political and issue-based advertising after polls close November 3, a move the company said was intended to limit confusion, misinformation, and abuse of its services in the days after the presidential election. Facebook also said it would remove calls for people to watch the polls when those posts use militaristic or intimidating language. Executives said the policy applies to anyone, including President Trump and other officials. Trump has made calls for people to engage in poll-watching, and Donald Trump Jr. appeared in an ad urging people to “defend your ballot” and join an “army” to protect the polls.
Fake Twitter Accounts Posing as Black Trump Supporters Appear, Reach Thousands, Then Vanish
Washington Post – Craig Timberg and Isaac Stanley-Becker | Published: 10/13/2020
An account featuring the image of a Black police officer, President Trump, and the words “VOTE REPUBLICAN” had a brief but spectacular run on Twitter. In six days after it became active, it tweeted just eight times but garnered 24,000 followers, with its most popular tweet being liked 75,000 times. Then, on days later, the account was suspended by Twitter for breaking its rules against platform manipulation. The reach of @CopJrCliff and other fake accounts from supposed Black Trump supporters highlights how an account can be effective at pushing misleading narratives in just a few days – faster than Twitter can take it down.
Longtime GOP Fundraiser Elliott Broidy Charged with Acting as a Foreign Agent, Is Likely to Plead Guilty
Seattle Times – Matt Zapotosky (Washington Post) | Published: 10/8/2020
Republican fundraiser Elliott Broidy was charged in a criminal information with conspiring to act as a foreign agent as he lobbied the Trump administration on behalf of Malaysian and Chinese interests, an indication he is likely to soon plead guilty in the case to resolve the allegations against him. Prosecutors outlined how they believe he took millions of dollars in undisclosed money to end a U.S. investigation into Malaysian corruption and, separately, to return outspoken Chinese exile Guo Wengui to his home country. Prosecutors said Broidy and others orchestrated “back-channel, unregistered campaigns” to influence the administration, though their efforts were ultimately unsuccessful.
New Justice Dept. Election Fraud Guidance Could Allow Boosting of Trump’s Exaggerated Claims, Legal Observers Say
MSN – Matt Zapotosky (Washington Post) | Published: 10/7/2020
The Justice Department issued guidance giving federal prosecutors more leeway to take public action on suspected election fraud before ballots are in, a move some legal analysts worry could foreshadow an effort to bolster President Trump’s exaggerated claims of fraud via mail-in voting. The guidance detailed what it called an “exception to the general non-interference with elections policy,” which discourages prosecutors from taking overt steps in fraud investigations until all ballots are counted and certified. Critics say Trump and Attorney General William Barr seem to be working in concert to undermine public confidence in the election result, and the newly issued guidance could aid in that effort – allowing prosecutors to publicize cases of suspected fraud they previously would have been barred from discussing.
NYT: Vegas connections helped Trump engineer $21M windfall during 2016 race
The Hill – Naomi Jagoda | Published: 10/9/2020
Donald Trump’s tax records reveal he engineered a windfall of more than $21 million during his 2016 presidential run, The New York Times reported. A hotel Trump owns with casino mogul Phil Ruffin in Las Vegas made payments to several companies Trump controlled, and that money then flowed to the president himself. The hotel wrote off the payments as a business expense, The Times said. The newspaper reported that the payments came at a time when Trump’s 2016 presidential campaign needed funds and many of his businesses were losing money. The tax records do not indicate whether the payments helped Trump’s campaign, his businesses, or both, the newspaper said.
Sonny Perdue Faces Ethics Questions Over His Business Holdings
Politico – Ryan McCrimmon | Published: 10/15/2020
Agriculture Secretary Sonny Perdue pledged in 2017 to separate himself from his multimillion-dollar business holdings that could pose conflicts-of-interest in his public duties. But last year, he disclosed he had become trustee of a newly formed fund that includes many of the same assets as his original family trust. Watchdog organizations are now calling for the Agriculture Department’s inspector general to investigate whether Perdue has run afoul of the ethics agreement he signed as a nominee for the job early in the Trump administration. The commitments entailed moving his holdings into a new trust and agreeing not to serve as a trustee or beneficiary of the fund.
Supreme Court Halts Census in Latest Twist of 2020 Count
Associated Press News – Mike Schneider | Published: 10/14/2020
The U.S. Supreme Court ruled the Trump administration can end census field operations early, in a blow to efforts to make sure minorities and hard-to-enumerate communities are properly counted in the crucial once-a-decade tally. Plaintiffs in a lawsuit managed to get nearly two extra weeks of counting people as the case made its way through the courts. But the ruling increased the chances of the administration retaining control of the process that decides how many congressional seats each state gets, and by extension how much voting power each state has.
Supreme Court Won’t Revive Congressional Emoluments Case Against Trump
Washington Post – Robert Barnes and Ann Marimow | Published: 10/13/2020
The U.S. Supreme Court refused to revive an attempt by Democratic members of Congress to sue President Trump over his private businesses accepting payments from foreign governments. Without comment, the justices let stand a decision by a panel of the U.S. Court of Appeals for the District of Columbia Circuit to dismiss the lawsuit filed by 215 members of Congress. Their novel lawsuit sought to enforce the Constitution’s anti-corruption emoluments provision. A unanimous panel of the appeals court said the individual members did not have legal standing to take the president to court.
The Mystery of a GOP Congressman’s Seemingly Rent-Free Campaign Office
Politico – Daniel Newhauser | Published: 10/9/2020
For at least seven years, U.S. Rep. Jim Hagedorn appears to have enjoyed rent-free use of a campaign office supplied by a political donor, which would be a clear violation of federal election law that comes amid mounting scrutiny of his finances. In dozens of filings with the FEC, Hagedorn has listed a basement suite in a downtown Mankato, Minnesota, building as his campaign’s headquarters. But election spending records show Hagedorn has reported no payments for the use of that space over the course of the past four elections he has run to represent Minnesota’s First Congressional District, including his current race. Ethics experts expressed skepticism with Hagedorn’s actions.
Trump Taps U.S. Marine Band for White House Event and Raises Questions About Employing the Military for Political Purposes
Washington Post – Paul Sonne | Published: 10/11/2020
When President Trump, recovering from COVID-19, welcomed hundreds of people to what resembled a campaign rally on the White House grounds, the guests filed onto the South Lawn past a military band in resplendent red, its horns blasting the tune “America” from “West Side Story.” The use of the United States Marine Band for a de facto political rally marked another instance of the president pushing the boundaries of U.S. law and the military tradition of political neutrality. Federal regulations bar the use of government resources for, and the coercion of federal employees into, political activities aimed at a candidate’s reelection, and taxpayer-funded military bands cannot be used for campaign events.
Trump’s Children Brought Secret Service Money to the Family Business with Their Visits, Records Show
MSN – David Fahrenthold, Joshua Partlow, and Carol Leonnig (Washington Post) | Published: 10/12/2020
President Trump’s adult children and their families have caused the U.S. government to spend at least $238,000 at Trump properties so far, according to Secret Service records. Government ethics experts say nothing is wrong with Trump’s children seeking protection from the Secret Service. But, they said, the Trump Organization’s decision to charge for the agents’ rooms created a situation in which, just by traveling, Trump’s children could bring taxpayer money to their family’s business. That, ethics experts said, could create the appearance that Trump family members were exploiting their publicly funded protection for private financial gain.
‘Unmasking’ Probe Commissioned by Barr Concludes Without Charges or Any Public Report
MSN – Matt Zapotosky and Shane Harris (Washington Post) | Published: 10/13/2020
The federal prosecutor appointed by Attorney General William Barr to review whether Obama-era officials improperly requested the identities of individuals whose names were redacted in intelligence documents has completed his work without finding any substantive wrongdoing. The Justice Department has so far declined to release the results of U.S. Attorney John Bash’s work, though people familiar with his findings say they would likely disappoint conservatives who have tried to paint the “unmasking” of names, a common practice in government to help understand classified documents, as a political conspiracy.
With Election Day Looming, Twitter Imposes New Limits on U.S. Politicians – and Ordinary Users, Too
Seattle Times – Elizabeth Dwoskin and Craig Timberg (Washington Post) | Published: 10/9/2020
Twitter will impose new warnings on politicians’ lies, restrict premature declarations of victory, and block calls for polling violence or other disruptions, the company announced as it rolled out wide-ranging changes designed to harden the platform against abuse related to the U.S. election on November 3. The moves also will temporarily alter the look and feel of Twitter. Retweeting others, for example, will require an extra step designed to encourage users to add their own thoughts before posting. Recommendations and trends will get new curbs intended to prevent abuse. The policy changes are the culmination of years of revisions intended to prevent a repeat of 2016’s electoral debacle on social media, when disinformation, false news reports, and Russian interference rampaged virtually unchecked across all major platforms.
From the States and Municipalities
Alaska – Alaska Absentee Witness Requirements Scrapped for Election
Associated Press News – Becky Bohrer | Published: 10/13/2020
The Alaska Supreme Court affirmed a lower court ruling eliminating witness requirements for absentee ballots for the general election. Superior Court Judge Dani Crosby had ruled enforcement of the witness requirements during the coronavirus pandemic “impermissibly burdens the right to vote.” She waited to put the order into effect, to allow the Supreme Court to weigh in. The case was brought by the Arctic Village Council, League of Women Voters of Alaska, and two individuals. Their attorneys have argued the witness requirement is unconstitutional during the pandemic and a bar to voting for those who do not live with someone who is at least 18 and able to serve as a witness.
California – Arcadia Subsidiary of Chinese Company to Pay $1 Million Fine in LA City Hall Bribery Scandal
Los Angeles Daily Breeze – City News Service | Published: 10/7/2020
The subsidiary of a China-based real estate company agreed to pay $1.05 million to resolve a probe into its involvement in the Los Angeles City Hall corruption scandal. Jia Yuan USA Co. will pay the penalty and continue cooperating with the federal government in its probe of city Councilperson Jose Huizar and other figures. A Jia Yuan employee provided Huizar with Katy Perry concert tickets after he and former Deputy Mayor Ray Chan helped resolve an issue involving compliance with the Americans With Disabilities Act. Jia Yuan also admitted providing in-kind campaign contributions to several U.S. political candidates by hosting reduced-cost fundraising events. Some of those events took place at the direction of a foreign national barred from participating in American elections, investigators said.
California – California Officials Say GOP’s Ballot Boxes Are Illegal. Republicans May Expand the Practice
Los Angeles Times – Stephanie Lai and Sarah Parvini | Published: 10/13/2020
In recent weeks, gray metal containers labeled as ballot drop boxes have been placed at various locations – including gun shops, shooting ranges, churches, and Republican Party offices – in several California counties. State GOP officials acknowledged responsibility for the boxes and have rejected allegations of wrongdoing, in defiance of what the state’s top election official and attorney general say is an illegal practice. At the center of the battle are questions of whether it is legal to collect ballots through third party boxes and what constitutes an “official” ballot drop box.
California – Ex-Director of Coliseum Authority Takes Plea Deal in Stadium Naming Rights Case; Avoids Jail Time
San Jose Mercury News – David Debolt | Published: 10/13/2020
Former Oakland-Alameda County Coliseum Authority Executive Director Scott McKibben, who was criminally charged with violating state law by seeking payment from RingCentral for negotiating a stadium naming rights contract, took a plea deal and by doing so avoided trial and possible jail time. Prosecutors alleged McKibben violated the law because he sought a $50,000 payment from RingCentral as part of a $3 million deal to rename the ballpark “RingCentral Coliseum.” The law prohibits public officials from having a financial interest in contracts made by them in their official capacity. McKibben will serve three years’ probation and take an ethics course. Judge Kevin Murphy will decide how much McKibben should pay the stadium authority.
Colorado – Colorado Voters to Decide Whether to Pull Out of National Popular Vote Effort
Denver Post – John Aguilar | Published: 10/11/2020
State lawmakers decided last year that Colorado should join 14 other state and Washington, D.C. in the National Popular Vote Interstate Compact, which pledges their Electoral College votes to the presidential candidate who gets the most raw votes nationwide. On November 3, Coloradans will get the chance to affirm or reject that decision when they vote on Proposition 113, which was put on the ballot by opponents of the movement. A “yes” vote keeps the state in the compact, while a “no” vote maintains the system Colorado has used for decades to choose a president, in which the candidate with the most statewide support gets its nine Electoral College votes.
Florida – Federal Judge Denies Request to Extend Florida Voter Registration Deadline
Tampa Bay Times – Allison Ross | Published: 10/9/2020
A federal judge rejected calls by several voting rights groups that Florida should further extend its voter registration deadline following repeated outages to the state’s online on the last day people could sign up to vote in the November 3 election. U.S. District Court Judge Mark Walker said “Florida’s interest in preventing chaos in its already precarious and perennially chaotic election” outweighed the concern of potentially thousands of Floridians being unable to cast ballots in the general election. The state had argued reopening the voter registration deadline could mean Floridians who registered during that later time may have to cast provisional ballots if counties cannot update their voter rolls in time, and extending the deadline could cause voter confusion and other issues.
Florida – Prominent Lobbyist Didn’t Disclose Calls to Orlando Airport Board Members, Violating Policy
Orlando Sentinel – Jason Garcia | Published: 10/14/2020
Under the Greater Orlando Aviation Authority’s policies, lobbyists are supposed to publicly disclose meetings with board members within seven days. But Christina Daly Brodeur, a lobbyist at Ballard Partners, did not reveal she called four members of the board that runs Orlando International Airport on behalf of a client until nearly three months later, after The Orlando Sentinel requested records related to the firm’s work at the airport. Authority leaders, however, say they do not plan to act. “… She self-reported and became compliant and … there’s nothing further we can do,” said Dan Gerber, the authority’s general counsel. Some government-transparency advocates criticized the lack of consequences.
Georgia – Common Cause Calls for Investigation of Georgia Ethics Commission’s Conflict of Interest Policies
WAGA – Dale Russell | Published: 10/9/2020
A good government group is calling on Georgia’s ethics commission to investigate its own policies regarding how commission members handle potential conflicts-of-interest. The rules for deciding when a member should recuse themselves are confusing. Commission Chairperson Jake Evans says a commission policy gives him the authority to order a member to recuse themselves. But he follows a state attorney general’s opinion from 1989 to let members decide for themselves whether they have a conflict.
Hawaii – Ballot Questions Could Bolster Ethics Watchdog’s Staffing and Spending
Honolulu Civil Beat – Chad Blair | Published: 10/11/2020
The Honolulu Ethics Commission could enjoy greater autonomy over its budget should voters grant them that ability in November. Voters are also being asked whether the commission should also be granted more flexibility to hire and retain staff. Commission Chairperson Victoria Marks said passage of the charter amendments would give the agency greater flexibility to describe positions, and hire and retain the specialized staff that she said it needs “to grow and strengthen the city’s ethics and lobbyist programs.” Marks said the amendments would provide the commission “with budget flexibility and greater autonomy” from the city administration.
Illinois – Aldermen Reject Lightfoot’s Proposal to Ease Ban on Lobbying by Elected Officials
WTTW – Heather Cherone | Published: 10/13/2020
Aldermen rejected Mayor Lori Lightfoot’s ordinance that would have rolled back part of tougher City Hall lobbying rules for elected officials the city council passed last year. It would have once again allowed elected officials from outside Chicago to lobby the mayor, aldermen, and other city government agencies on behalf of private clients, as long as the public body they represent does not have pending or recurring legislative or contractual matters involving Chicago. With federal investigators probing lobbying practices in Springfield and past City Hall scandals tied to lobbying infractions, aldermen said it was not the time to walk back the stricter requirements.
Minnesota – Federal Judge Upholds Minnesota’s Deadline Extension for Counting Ballots
National Public Radio – Jason Slotkin | Published: 10/12/2020
A federal judge upheld Minnesota’s seven-day deadline extension for counting mail-in ballots after it was challenged by a pair of Republicans. Minnesota extended its deadline for receiving mail-in ballots after voting rights groups raised concerns the state’s previous deadline could disenfranchise voters as the state receives an unprecedented amount of absentee ballots. In past elections, absentee ballots would only be counted if received by eight p.m. on Election Day. A state court agreement reached with Minnesota Secretary of State Steve Simon allowed ballots postmarked by Election Day to be counted if received within seven days.
New York – Trump Again Asks Supreme Court to Block Subpoena for His Tax Records
New York Times – Charlie Savage | Published: 10/13/2020
Personal lawyers for President Trump, seeking to appeal their case to the U.S. Supreme Court for the second time in less than a year, asked the justices to delay a ruling that would allow Manhattan District Attorney Cyrus Vance Jr. To obtain Trump’s financial records. In an “emergency” application, Trump’s legal team told the court that a U.S. District Court judge was wrong to rule Vance had a legal right to subpoena the materials and an appeals court panel in New York was wrong to uphold that decision. The request for intervention marks a return for the case. In July, the high court ruled the fact that Trump was the sitting president did not make him absolutely immune from criminal investigation, as his legal team had argued.
New York – Trump Got a $21 Million Tax Break for Saving the Forest Outside His N.Y. Mansion. Now the Deal Is Under Investigation.
MSN – Joshua Partlow, Jonathan O’Connell, and David Fahrenthold (Washington Post) | Published: 10/9/2020
Donald Trump received a tax break of $21.1 million five years ago after promising to preserve 150 acres of woodlands in New York state. The amount of the tax break was set by a 2016 appraisal that valued Seven Springs at $56.6 million, more than double the value assessed by the three Westchester County towns that each contained a piece of the property. New York Attorney General Letitia James is investigating whether the Trump Organization improperly inflated the value of the land. The appraisal appears to have relied on unsupported assertions and misleading conclusions that boosted the value of Trump’s charitable gift and his tax break. The appraisal was written by Cushman & Wakefield, a real estate firm that has worked with Trump over many years and whose headquarters are in a building co-owned by Trump.
North Carolina – A Legal Fight Over How to Fix Ballot Errors in North Carolina Has Left Thousands of Voters in Limbo – Nearly Half People of Color
Washington Post – Elise Viebeck | Published: 10/12/2020
A dispute over how North Carolina voters should correct problems with their mail ballots remains unresolved, leaving at least 6,800 votes – including more than 3,300 ballots from people of color – in limbo across a key presidential battleground state. The legal fight intensified after the state Board of Elections said in September it would allow voters to “cure,” or fix, deficiencies in their mail ballots by completing and returning an affidavit to county election officials. The affidavit would neutralize a range of voter errors that could lead to ballots being tossed, including failure to provide a witness signature. ballots being tossed, including failure to provide a witness signature. But a federal judge put the plan on hold October 3, arguing it changed the rules too close to Election Day.
Oregon – City of Portland Lawyers Won’t Defend Auditor in Legal Appeals of Mayor’s Campaign Violations, City Council Says
Portland Oregonian – Everton Bailey Jr. | Published: 10/14/2020
The Portland City Council refused a request from the city auditor for city lawyers to represent her in lawsuits filed by Mayor Ted Wheeler’s campaign, citing the city attorney’s assertion it would be an ethical violation and a conflict-of-interest. Auditor Mary Hull Caballero argued before the vote that Wheeler’s campaign is not a client of the city attorney’s office and she fined the campaign through her capacity as a Portland elected official who oversees the city elections process. She noted city lawyers already represent her in other elections-related lawsuits, including one filed on behalf of mayoral challenger Sarah Iannarone about Wheeler’s campaign.
Pennsylvania – Judge Throws Out Trump Campaign’s Pennsylvania Lawsuit
Associated Press News – Marc Levy | Published: 10/10/2020
A federal judge in Pennsylvania threw out a lawsuit filed by President Trump’s campaign, dismissing its challenges to the battleground state’s poll-watching law and its efforts to limit how mail-in ballots can be collected and which of them can be counted. The ruling by U.S. District Court Judge J. Nicholas Ranjan, who was appointed by Trump, also poured cold water on the president’s claims that Pennsylvania is fertile ground for election fraud. Trump’s campaign said it would appeal at least one element of the decision.
Pennsylvania – Pennsylvania House Insurance Committee Chairwoman Reaps Big Harvest of Campaign Contributions from Insurance Industry
Allentown Morning Call – Ford Turner | Published: 10/9/2020
State Rep. Tina Pickett, whose position in Harrisburg gives her enormous authority over what happens to proposed insurance laws, has more cash in her political campaign account than any of her 201 colleagues in the Pennsylvania House, thanks in large part to the insurance industry. A review of hundreds of campaign finance reports showed Pickett’s $268,546.49 cash balance in late May was inflated by a years-long influx of insurance industry cash that began when Pickett became chairperson of the House Insurance Committee in 2013. Experts say the contributions are made to curry favor.
Rhode Island – A Chaotic Campaign Helped Save Rhode Island’s House Speaker in 2016. Now It Threatens to End His Political Career
Boston Globe – Dan McGowan and Edward Fitzpatrick | Published: 10/13/2020
The criminal trial of Jeffrey Britt, a former campaign consultant to Rhode Island House Speaker Nicholas Mattiello, was meant to determine whether Britt laundered $2,000 to help pay for a postcard mailer designed to boost Mattiello during that 2016 campaign. But it also offered a rare glimpse into the win-at-all-costs culture of politics, as witnesses detailed the strategies employed to help defeat Steven Frias. Those tactics included surveillance conducted on Frias by a private investigator who was seeking a state job, a mail-ballot operation run by an operative who had previous tours of political duty with some of the state’s most corrupt politicians, and the mailer that Britt orchestrated to try to convince a handful of Republicans to back the Democrat in the race. Mattiello won the race by 85 votes, a margin where almost any maneuver could have tipped the scales in the speaker’s favor.
Texas – Appeals Court OKs Texas Governor’s Order to Limit Drop Off Locations for Absentee Ballots
NBC News – Rachel Elbaum | Published: 10/13/2020
A federal appeals court panel upheld Texas Gov. Greg Abbott’s order to shut down dozens of mail ballot drop-off sites weeks before November’s election. The ruling comes after a federal judge halted the order, which allowed for only one absentee ballot drop off location for every county, regardless of its size. The Texas secretary of state had argued Abbott’s order was part of a 40-day expansion of Texans’ absentee voting opportunities put in place because of Covid-19 that went beyond what state election rules normally permit. The United States Court of Appeals for the Fifth Circuit said it agreed with her.
Virginia – Inside the Utility Company Lobbying Blitz That Will Hike Electric Bills
ProPublica – Patrick Wilson (Richmond Times-Dispatch) | Published: 10/9/2020
When Democrats campaigned for seats in the Virginia Legislature last year, they took aim at the state’s largest power broker: Dominion Energy. The electric utility’s clout was legendary at the Capitol, where it doled out millions of dollars in campaign contributions and employed an army of lobbyists who helped write energy policy for decades. The result was soaring electricity bills and an energy grid heavily reliant on fossil fuels. Democrats vowed to change that. But Dominion fought back and ended up as a winner in a bill intended to diminish its influence. By doubling the size of its lobbying corps and tapping its long-standing relationships with legislative leaders and Gov. Ralph Northam, the utility secured the right to build its top priority – a massive offshore wind farm set to be the most expensive utility project in Virginia history.
Virginia – Men in Alleged Kidnapping Plot Also Considered Targeting Virginia Governor, FBI Says
National Public Radio – Bill Chappell and Ryan Lucas | Published: 10/13/2020
Two of the men accused of plotting to kidnap Michigan Gov. Gretchen Whitmer took part in a discussions earlier this year with members of self-styled militia groups about potentially abducting Virginia Gov. Ralph Northam, an FBI agent testified. Special Agent Richard Trask did not say whether any of the attendees ultimately took any action toward potentially targeting Northam, and no one has been charged with any threats against him. Whitmer and Northam, both Democrats, have faced resistance in their respective states to measures they’ have taken to try to curb the spread of the coronavirus.
Virginia – Va. Congressional Candidate Reported No Assets. His Amended Disclosure Shows He Holds Dozens of Stocks.
Washington Post – Meagan Flynn | Published: 10/9/2020
After previously disclosing owning zero financial assets, Virginia congressional candidate Bob Good filed an amended financial disclosure showing he holds dozens of stocks, including in two companies that had business before the Campbell County Board of Supervisors when Good served on the panel. He now reports between $213,000 and $1.65 million in assets and unearned income. Virginia law requires local and state lawmakers to disclose their personal economic interests in forms filed with the Virginia Conflict of Interest and Ethics Advisory Council.
Washington – Port of Tacoma, Others Agree to Fine in Save Tacoma Water Campaign Finance Case
MSN – Alexid Krell (Tacoma News-Tribune) | Published: 10/12/2020
The Port of Tacoma, the Tacoma-Pierce County Chamber of Commerce, and the Economic Development Board for Tacoma-Pierce County agreed to pay a civil penalty for violating campaign finance law while fighting initiatives that were trying to limit industrial development on the Tideflats. They will pay a $34,000 fine, with $17,000 suspended. The case stemmed from efforts by a group called Save Tacoma Water following citizen opposition to a proposed methanol plant. Activist Arthur West complained the three groups violated campaign finance law in their effort.
Washington – Twitter to Pay $100k to Washington State in Settlement Over Political Ad Disclosure Violations
GeekWire – Todd Bishop | Published: 10/13/2020
Washington Attorney General Bob Ferguson said Twitter agreed to pay $100,000 for failing to maintain records related to ads that ran from 2012 through 2019, when Twitter banned political advertising. Companies are required to maintain records about who paid for ads, when they ran, how much they cost, and the name of the candidate or measure supported or opposed. Twitter failed to maintain the required records for at least 38 Washington candidates and committees that reported paying $194,550 for political advertising on its platform.
Wisconsin – Federal Appeals Court Blocks Extension for Wisconsin Ballot Returns
Politico – Zach Montellaro and Josh Gerstein | Published: 10/8/2020
Federal judges blocked a lower court’s order extending the deadline for returning mail ballots in Wisconsin, requiring that absentee ballots be in the hands of election officials by the time the polls close on Election Day. A three-judge panel of the Seventh Circuit Court of Appeals ruled in favor of staying the lower court’s order, which would have allowed for ballots postmarked by Election Day to be received by November 9, six days later, in order to be counted. The stay also suspended an order extending the deadline for online and mailed-in voter registration from October 14 to October 21, and it stopped potential electronic delivery of certain ballots.
October 15, 2020 •
Thursday’s LobbyComply News Roundup
Campaign Finance Washington: “Port of Tacoma, Others Agree to Fine in Save Tacoma Water Campaign Finance Case” by Alexid Krell (Tacoma News-Tribune) for MSN Elections National: “Fake Twitter Accounts Posing as Black Trump Supporters Appear, Reach Thousands, Then Vanish” by […]
Campaign Finance
Washington: “Port of Tacoma, Others Agree to Fine in Save Tacoma Water Campaign Finance Case” by Alexid Krell (Tacoma News-Tribune) for MSN
Elections
National: “Fake Twitter Accounts Posing as Black Trump Supporters Appear, Reach Thousands, Then Vanish” by Craig Timberg and Isaac Stanley-Becker for Washington Post
Ethics
National: “Supreme Court Won’t Revive Congressional Emoluments Case Against Trump” by Robert Barnes and Ann Marimow for Washington Post
National: “‘Unmasking’ Probe Commissioned by Barr Concludes Without Charges or Any Public Report” by Matt Zapotosky and Shane Harris (Washington Post) for MSN
California: “Ex-Director of Coliseum Authority Takes Plea Deal in Stadium Naming Rights Case; Avoids Jail Time” by David Debolt for San Jose Mercury News
New York: “Trump Again Asks Supreme Court to Block Subpoena for His Tax Records” by Charlie Savage for New York Times
Virginia: “Men in Alleged Kidnapping Plot Also Considered Targeting Virginia Governor, FBI Says” by Bill Chappell and Ryan Lucas for National Public Radio
Lobbying
Florida: “Prominent Lobbyist Didn’t Disclose Calls to Orlando Airport Board Members, Violating Policy” by Jason Garcia for Orlando Sentinel
Illinois: “Aldermen Reject Lightfoot’s Proposal to Ease Ban on Lobbying by Elected Officials” by Heather Cherone for WTTW
October 14, 2020 •
Wednesday’s LobbyComply News Roundup
Campaign Finance National: “As U.S. Politics Heats Up, Companies Seek to Avoid Controversy” by Jessica DiNapoli for Reuters Rhode Island: “A Chaotic Campaign Helped Save Rhode Island’s House Speaker in 2016. Now It Threatens to End His Political Career” by […]
Campaign Finance
National: “As U.S. Politics Heats Up, Companies Seek to Avoid Controversy” by Jessica DiNapoli for Reuters
Rhode Island: “A Chaotic Campaign Helped Save Rhode Island’s House Speaker in 2016. Now It Threatens to End His Political Career” by Dan McGowan and Edward Fitzpatrick for Boston Globe
Washington: “Twitter to Pay $100k to Washington State in Settlement Over Political Ad Disclosure Violations” by Todd Bishop for GeekWire
Elections
Alaska: “Alaska Absentee Witness Requirements Scrapped for Election” by Becky Bohrer for Associated Press News
Minnesota: “Federal Judge Upholds Minnesota’s Deadline Extension for Counting Ballots” by Jason Slotkin for National Public Radio
Texas: “Appeals Court OKs Texas Governor’s Order to Limit Drop Off Locations for Absentee Ballots” by Rachel Elbaum for NBC News
Ethics
National: “Trump’s Children Brought Secret Service Money to the Family Business with Their Visits, Records Show” by David Fahrenthold, Joshua Partlow, and Carol Leonnig (Washington Post) for MSN
National: “Supreme Court Halts Census in Latest Twist of 2020 Count” by Mike Schneider for Associated Press News
National: “Trump Taps U.S. Marine Band for White House Event and Raises Questions About Employing the Military for Political Purposes” by Paul Sonne for Washington Post
Hawaii: “Ballot Questions Could Bolster Ethics Watchdog’s Staffing and Spending” by Chad Blair for Honolulu Civil Beat
October 13, 2020 •
Tuesday’s LobbyComply News Roundup
Campaign Finance National: “The Mystery of a GOP Congressman’s Seemingly Rent-Free Campaign Office” by Daniel Newhauser for Politico National: “Trump Engineered a Sudden Windfall in 2016 as Campaign Funds Dwindled” by Susanne Craig, Mike McIntire, and Russ Buettner for New […]
Campaign Finance
National: “The Mystery of a GOP Congressman’s Seemingly Rent-Free Campaign Office” by Daniel Newhauser for Politico
National: “Trump Engineered a Sudden Windfall in 2016 as Campaign Funds Dwindled” by Susanne Craig, Mike McIntire, and Russ Buettner for New York Times
Elections
National: “With Election Day Looming, Twitter Imposes New Limits on U.S. Politicians – and Ordinary Users, Too” by Elizabeth Dwoskin and Craig Timberg (Washington Post) for Seattle Times
California: “Unofficial Ballot Drop Boxes Popping Up Throughout the State Worry Elections Officials” by Alicia Robinson and Brooke Staggs for Orange County Register
Colorado: “Colorado Voters to Decide Whether to Pull Out of National Popular Vote Effort” by John Aguilar for Denver Post
North Carolina: “A Legal Fight Over How to Fix Ballot Errors in North Carolina Has Left Thousands of Voters in Limbo – Nearly Half People of Color” by Elise Viebeck for Washington Post
Ethics
Georgia: “Common Cause Calls for Investigation of Georgia Ethics Commission’s Conflict of Interest Policies” by Dale Russell for WAGA
New York: “Trump Got a $21 Million Tax Break for Saving the Forest Outside His N.Y. Mansion. Now the Deal Is Under Investigation.” by Joshua Partlow, Jonathan O’Connell, and David Fahrenthold (Washington Post) for MSN
Lobbying
Virginia: “Inside the Utility Company Lobbying Blitz That Will Hike Electric Bills” by Patrick Wilson (Richmond Times-Dispatch) for ProPublica
October 12, 2020 •
Texas Governor Announces Senate District 30 Runoff Date
Texas Gov. Greg Abbott named December 19 as the special election runoff for Senate District 30 to fill Sen. Pat Fallon’s seat. The special election for Texas State Senate District 30 was held on September 29 after Fallon announced his […]
Texas Gov. Greg Abbott named December 19 as the special election runoff for Senate District 30 to fill Sen. Pat Fallon’s seat.
The special election for Texas State Senate District 30 was held on September 29 after Fallon announced his plans to run for election to the U.S. House to represent the 4th Congressional District of Texas.
State Rep. Drew Springer and Dallas Salon Owner Shelley Luther are on the ballot to fill Fallon’s seat. District 30 covers a big chunk of north Texas including parts of Grayson, Denton, Collin, and Parker Counties.
October 12, 2020 •
Monday’s LobbyComply News Roundup
Campaign Finance Pennsylvania: “Pennsylvania House Insurance Committee Chairwoman Reaps Big Harvest of Campaign Contributions from Insurance Industry” by Ford Turner for Allentown Morning Call Elections National: “Facebook to Temporarily Halt Political Ads in U.S. After Polls Close Nov. 3, Broadening […]
Campaign Finance
Pennsylvania: “Pennsylvania House Insurance Committee Chairwoman Reaps Big Harvest of Campaign Contributions from Insurance Industry” by Ford Turner for Allentown Morning Call
Elections
National: “Facebook to Temporarily Halt Political Ads in U.S. After Polls Close Nov. 3, Broadening Earlier Restrictions” by Elizabeth Dwoskin for Washington Post
National: “New Justice Dept. Election Fraud Guidance Could Allow Boosting of Trump’s Exaggerated Claims, Legal Observers Say” by Matt Zapotosky (Washington Post) for MSN
Florida: “Federal Judge Denies Request to Extend Florida Voter Registration Deadline” by Allison Ross for Tampa Bay Times
Pennsylvania: “Judge Throws Out Trump Campaign’s Pennsylvania Lawsuit” by Marc Levy for Associated Press News
Wisconsin: “Federal Appeals Court Blocks Extension for Wisconsin Ballot Returns” by Zach Montellaro and Josh Gerstein for Politico
Ethics
California: “Arcadia Subsidiary of Chinese Company to Pay $1 Million Fine in LA City Hall Bribery Scandal” by City News Service for Los Angeles Daily Breeze
Virginia: “Va. Congressional Candidate Reported No Assets. His Amended Disclosure Shows He Holds Dozens of Stocks.” by Meagan Flynn for Washington Post
Lobbying
National: “Longtime GOP Fundraiser Elliott Broidy Charged with Acting as a Foreign Agent, Is Likely to Plead Guilty” by Matt Zapotosky (Washington Post) for Seattle Times
October 9, 2020 •
News You Can Use Digest – October 9, 2020
National/Federal Biden Transition Elevates Former Facebook Exec as Ethics Arbiter Politico – Alex Thompson and Theodoric Meyer | Published: 10/1/2020 Joe Biden’s transition team named Jessica Hertz, until recently a Facebook executive focused on government regulations, as its general counsel and […]
National/Federal
Biden Transition Elevates Former Facebook Exec as Ethics Arbiter
Politico – Alex Thompson and Theodoric Meyer | Published: 10/1/2020
Joe Biden’s transition team named Jessica Hertz, until recently a Facebook executive focused on government regulations, as its general counsel and charged her with navigating conflicts-of-interest and other ethical issues for the Biden administration-in-waiting, a move that drew immediate fire from the left. Hertz will oversee a team responsible for “enforcement, oversight, and compliance” of the ethics plan that Biden’s team released. In it, they promise to reestablish many of the rules President Obama instituted to limit the role of former lobbyists in the 2008 transition. Biden’s rules bar those who have worked as registered lobbyists or foreign agents in the past year from working on the transition unless Hertz signs off.
Facebook Imposes Major New Restrictions on QAnon, Stepping Up Enforcement Against the Conspiracy Theory
MSN – Craig Timberg and Isaac Stanley-Becker (Washington Post) | Published: 10/6/2020
Facebook imposed sweeping new sanctions on the QAnon conspiracy theory, expanding its policy to remove all affiliated groups and pages, and all accounts on the Facebook subsidiary Instagram, even if they do not violate other policies by inciting violence or trafficking in hate speech. The move expands an enforcement action in August that targeted more than 3,000 pages and groups but stopped short of a full ban. But the content morphed almost instantaneously, prompting the more sweeping action. This action comes after more than two years of mounting evidence that the QAnon conspiracy is rife with violent, hateful themes that regularly violated policies across Silicon Valley and also inspired numerous real-world crimes.
In a New Ruling, Judge Says Census Count Must Continue Through October
MSN – Tara Bahrampour (Washington Post) | Published: 10/2/2020
A federal judge ordered that the 2020 Census continue until October 31, blocking for now the government’s efforts to complete the survey in time to deliver apportionment data to the president by the end of the year. The ruling follows a tense week in which the government appeared to try to circumvent a preliminary injunction against ending the count early. The National Urban League and a group of counties, cities, and others said a truncated schedule would irreparably harm communities that might be undercounted.
Justice Dept. Acknowledges FBI Notes Given to Flynn Defense Contain Altered Dates
Washington Post – Spencer Hsu and Matt Zapotosky | Published: 10/7/2020
The Justice Department said it inadvertently altered dates on copies of notes from two former senior FBI officials that were turned over to Michael Flynn’s defense team and filed to the court as potentially exculpatory evidence. The dates were added to notes of former acting FBI Director Andrew McCabe and former FBI agent Peter Strzok and should have been removed before the documents were scanned by agency headquarters, the Justice Department told a judge weighing its request to dismiss the former Trump national security adviser’s prosecution. McCabe and Strzok were key figures investigating possible links between Russia and the Trump campaign in 2016.
Public Records Requests Fall Victim to the Coronavirus Pandemic
Washington Post – Nate Jones | Published: 10/1/2020
With most government employees still working from home because of the coronavirus pandemic, the disclosure of public records by many federal agencies and local government offices nationwide has worsened or even ground to a halt. When the pandemic was declared in early March, many employees at local, state, and federal agencies abandoned their offices and began working remotely. Employees tasked with answering open-records requests have been forced to rely on telework computer systems that are often incompatible with the software used to process records requests.
Several Lawmakers Disclose Opaque Financial Records
Roll Call – Chris Marquette | Published: 10/1/2020
Federal law requires members of Congress to publicly file annual financial disclosure statements and periodically report certain stock transactions exceeding $1,000. Such mandates provide the public with a view of lawmakers’ financial interests and possible conflicts-of-interest, but members are not required to file in a uniform manner. That has left some reports opaque and partially illegible. There is a stark contrast in clarity between financial disclosure reports filed in a standardized, electronic format and those that are not.
Sonny Perdue Fuels Ethics Scrutiny as Trump’s Rural Envoy
Politico – Ryan McCrimmon | Published: 10/5/2020
On top of his overt appeal to reelect President Trump, Agriculture Secretary Sonny Perdue has kept many farmers in Trump’s corner by doling out unprecedented sums of taxpayer aid to offset the industry’s losses after years of trade turmoil and painful biofuel policies. Democrats have questioned the practice but have made almost no effort to attach any strings to the payments. Now, Perdue is facing a fresh round of criticism for requiring federal contractors to stuff promotional letters from Trump into millions of Agriculture Department food boxes distributed to needy families, over the objections of lawmakers and many food banks. The department says these activities are not political and rejects the allegation the signed letters are a violation of the Hatch Act.
Trump Returns to Oval Office as Aides Refuse to Say When He Last Tested Negative for the Coronavirus
Washington Post – Toluse Olorunnipa, Josh Dawsey, and Ashley Parker | Published: 10/7/2020
The White House again refused to say when President Trump last tested negative for the coronavirus, leaving open the possibility he potentially exposed dozens of people to the deadly virus before the announcement of his positive test on October 2. Trump attended several events, including a presidential debate against Joe Biden, a campaign rally, and an in-person fundraiser, where he could have potentially exposed people to the coronavirus if he was infectious at that time. Two officials familiar with the situation said Trump has not been tested daily in recent months. Only rarely has Trump been tested on a machine other than the one produced by Abbott Laboratories, which provides rapid results, but are not always accurate.
Trump’s Call for Poll-Watching Volunteers Sparks Fear of Chaos and Violence on Election Day
MSN – Amy Gardner, Joshua Partlow, Isaac Stanley-Becker, and Josh Dawsey (Washington Post) | Published: 9/30/2020
President Trump’s debate-stage call for volunteers to stand watch at voting locations has prompted an enthusiastic response from known neo-Nazis and right-wing activists, leading many state election and law enforcement officials to prepare for voter intimidation, arrests, and even violence on Election Day. The Trump campaign and Republican National Committee for months have promised to recruit as many as 50,000 poll watchers to monitor voting locations on Election Day. The campaign’s “Army for Trump” website has contributed to that effort, urging supporters to join the “army of supporters fighting to re-elect him in 2020.”
From the States and Municipalities
Alaska – An Initiative Proposes to Overhaul Alaska’s Elections. But Not Everyone Thinks They’re Broken.
Anchorage Daily News – Nat Herz (Alaska Public Media) | Published: 9/29/2020
Political activists proposed a citizen’s initiative to change Alaska’s entire election system. Ballot Measure 2 would mandate more transparency about who is funding the super PAC-like independent spending groups that operate in Alaska’s elections. But its two most ambitious provisions target the election process itself: the initiative would do away with Alaska’s partisan primary altogether, replacing it with a single ballot open to all voters, and the top four candidates would advance to the general election. Then, in the general election, Alaskans would choose winners using a new system called ranked choice voting. They have never been combined for statewide elections in the way the Alaska initiative proposes, leaving a measure of uncertainty about how it could transform the state’s politics and government.
California – Was City of Industry Tricked into Hiring a Negotiator with a Major Conflict of Interest on Failed $20 Million Solar Project?
San Gabriel Valley News – Jason Henry | Published: 9/29/2020
An attorney who negotiated the terms of a $20 million solar project on behalf of the city of Industry, California, did not disclose to the city the proposed developer owed him $1.5 million from a prior business relationship. Industry now alleges the developer, William Barkett, orchestrated the hiring of attorney Anthony Bouza to limit oversight on the project. The city sued Barkett in 2019, alleging he siphoned off the $20 million and could not provide evidence that work occurred.
Delaware – Fittingly, Supreme Court Term Starts with Test of Political Affiliations for Judges
Washington Post – Robert Barnes | Published: 10/5/2020
Delaware requires its major courts be roughly balanced, so that no more than a bare majority of a court is made up of members of one political party. It requires the minority be made up of the other political party. The result, Stanford law professor Michael McConnell told the U.S. Supreme Court, is “Delaware’s courts are widely regarded as the least partisan and most professional in the nation.” Attorney David Finger said the plan denies the chance for his client, lawyer James Adams, to serve on the courts because he is neither a Democrat nor Republican but a political independent, and that violates his First Amendment rights of political association. It seemed a fitting beginning for the court’s new term, as the Senate is torn along partisan lines about whether to confirm just before the election Judge Amy Coney Barrett.
Florida – In Florida, the Gutting of a Landmark Law Leaves Few Felons Likely to Vote
ProPublica – Lawrence Mower and Langston Taylor (Tampa Bay Times) | Published: 10/7/2020
What was expected to be the nation’s largest voter re-enfranchisement in more than 50 years resulted in less than a quarter of an estimated 1.4 million felons in Florida signing up to vote. Officials have not removed any felons from the rolls for owing fines or fees, and they are unlikely to do so before Election Day, Secretary of State Laurel Lee said. It is unclear whether those whom the state fails to prune are entitled to vote or may face prosecution if they do. Amid the confusion, the one certainty is Florida’s governor and Legislature have tamped down the felon vote, according to an analysis of state records. In a presidential election marred by voter suppression tactics, the weakening of Florida’s Amendment 4 may constitute the biggest single instance of voter disenfranchisement.
Florida – Palm Bay Developer Brian West Arrested on Bribery Charges Involving Palm Bay City Council
Florida Today – Alessandro Marazzi Sassoon, Jim Waymer, and Dave Berman | Published: 10/2/2020
Developer Brian West was arrested on felony charges of bribery over an alleged scheme to buy votes on the Palm Bay City Council to rezone land for a project. The alleged bribery appears to have been directed at Councilperson Brian Anderson, who appears to have acted as the confidential informant with the Florida Department of Law Enforcement. The circumstances that led to West’s arrest revolved around allegations of an attempted deal brokered by local hotelier Puneet Kapur to buy votes to approve the rezoning of a subdivision to commercial use. That is land that one of West’s companies was trying to develop.
Illinois – Berrios Son-in-Law Indicted in Bribery Scheme Involving Ex-State Rep. Luis Arroyo
Chicago Tribune – Jason Meisner | Published: 10/2/2020
The son-in-law of onetime Cook County Democratic boss Joseph Berrios was indicted for his alleged role in a bribery scheme that brought down former Illinois Rep. Luis Arroyo and exposed a shadowy lobbying effort to expand sweepstakes gaming machines. James Weiss was charged with bribery, wire fraud, mail fraud, and lying to the FBI. The indictment also added new wire and mail fraud charges against Arroyo, who was originally charged with one count of federal program bribery and had been on track to plead guilty. According to the charges, Arroyo agreed to pay a state senator $2,500 a month in kickbacks in exchange for the senator’s support on legislation involving video gambling sweepstakes games that would benefit Weiss, who was in the sweepstakes business and was one of Arroyo’s lobbying clients.
Illinois – Chicago Aldermen to Consider Rolling Back Part of City’s Elected Official Lobbying Ban
MSN – John Byrne (Chicago Tribune) | Published: 9/30/2020
Chicago aldermen now appear likely to consider a proposal introduced by Mayor Lori Lightfoot that would roll back part of the tougher rules they passed to prevent elected officials from lobbying City Hall. Ald. Jason Ervin used a parliamentary rule to threaten an up-or-down city council floor vote on Lightfoot’s ordinance that would again let elected officials from outside Chicago lobby aldermen, the mayor’s office, and other city government departments. Ervin’s move prompted Ethics Committee Chairperson Michele Smith to instead agree to hold a hearing on the proposal in her committee.
Maryland – Can Public Campaign Financing Improve Government? Baltimore County Executive, Activists Start Campaign to Convince Voters.
Baltimore Sun – Alison Knezevich | Published: 10/6/2020
Saying it is time to reduce the influence of big money on Baltimore County politics, activists kicked off an effort to convince voters to approve public financing for local campaigns. Last year, a bill to put public campaign financing on the ballot was the Democratic county executive’s first major legislative initiative. It is now up to voters whether to approve the charter amendment in November. If they do, the county will create a “citizen’s election fund” that candidates for the Baltimore County Council and county executive would have the option to use starting in 2026. The details of the program, including the specific funding source, would be worked out later if voters approve the amendment.
Michigan – F.B.I. Says a Michigan Militia Plotted to Kidnap Gov. Gretchen Whitmer
New York Times – Nicholas Bogel-Burroughs, Shaila Dewan, and Kathleen Gray | Published: 10/8/2020
The FBI revealed it thwarted a plot to kidnap Michigan Gov. Gretchen Whitmer, unsealing charges against six people who the agency said contemplated a violent overthrow of the government. The FBI said it had learned so much about the plot by intercepting encrypted messages and because it had undercover agents and confidential informants working with the group. Whitmer has been the subject of attack from right-wing protesters for measures she imposed to control the coronavirus. Thousands of people gathered in Lansing to protest executive orders she issued shutting down most of the state to help stop the spread of the virus. In April, President Trump openly encouraged such protests, tweeting, “LIBERATE MICHIGAN.”
Michigan – Michigan AG Dana Nessel Files Charges Against GOP Operatives Over Robocalls
Detroit News – Craig Mauger | Published: 10/1/2020
Michigan Attorney General Dana Nessel filed felony charges against two well-known out-of-state Republican operatives for allegedly orchestrating robocalls aimed at suppressing the vote in the Detroit area. Nessel charged Jack Burkman and Jacob Wohl with election law and conspiracy crimes that would bring up to 24 years in prison for each of them if convicted. The charges stem from a false robocall that discouraged mail-in voting by telling people their personal information will be part of a public database that will then be used by police if they vote by mail.
Missouri – Amid Accusations of Insider Politics, Parson Campaign Rents Space from Lobbyists
St. Louis Post-Dispatch – Kurt Erickson | Published: 10/7/2020
At the same time Missouri Gov. Mike Parson’s campaign is criticizing his opponent’s husband for having served as a lobbyist, the governor’s team is sharing office space with lobbyists. The campaign is renting space in the Missouri Chamber of Commerce and Industry’s headquarters in Jefferson City, as well as using space in a suite of offices owned by lobbyist Brent Hemphill, who represents Ameren, AT&T, and a number of casinos. Parson campaign manager Steele Shippy said Hemphill contributed the space in his building as an in-kind donation. The offices used by the campaign are on a different floor from Hemphill’s lobbying organization, Shippy said.
Missouri – St. Louis Husband and Wife Who Pointed Guns at Protesters Indicted on Firearms Charges
NBC News – Tim Stelloh | Published: 10/7/2020
The St. Louis husband and wife who were captured on video brandishing guns at protesters over the summer were indicted on firearm and evidence tampering charges. The indictment comes nearly four months after Mark and Patricia McCloskey, who have been embraced by conservatives and appeared at the Republican National Convention, were filmed and photographed outside their affluent home pointing a semi-automatic rifle and a handgun at the demonstrators.
Montana – Record Penalties Levied in Dark Money Lawsuit
Montana Free Press – John Adams | Published: 10/2/2020
A judge entered a $1.76 million judgement against two now-defunct corporations that were found to have made illegal contributions to Republican candidates in Montana. The judgment is likely the final chapter in a case that spanned more than a decade, led to the largest-ever fine against a sitting politician in Montana, and was featured in the documentary film “Dark Money.” Western Tradition Partnership and Direct Mail and Communications will pay $881,955 in penalties for violating laws prohibiting corporations from giving directly to campaigns. They will pay an additional $881,955 fine for failing to report the illegal contributions. The two groups were fined $500 each for not maintaining and producing records of their campaign activities.
New Jersey – NJ Investigating Bergen Health Broker Records in Criminal Probe of Political Donations
Bergen Record – Terence McDonald | Published: 9/29/2020
New Jersey’s attorney general launched an investigation into public health brokerage contracts and potential “pay-to-play” violations in Bergen County. The investigation has resulted in at least one subpoena to the county seeking contracts and related documents to be reviewed by a grand jury. The subpoena demands the county hand over. Since 2016, the county’s health broker has been Acrisure. In Bergen County, contributions to all county-level elected officials and both political parties must be disclosed. The county’s pay-to-play law also restricts donations from a vendor’s subsidiaries. The insurance industry is a lucrative one, attracting power brokers who build close relationships with elected officials and reward them with a steady stream of donations.
New Mexico – New Mexico State Ethics Commission Urged to Reform Candidate Finance Reports
Santa Fe New Mexican – Robert Knott | Published: 10/2/2020
A watchdog group says New Mexico’s law on financial disclosure reporting is lax and confusing and leads to a lack of transparency that makes it difficult to accurately track the financial activities of candidates. New Mexico Ethics Watch Executive Director Kathleen Sabo said financial disclosure forms for 12 state Senate candidates and 24 candidates for the House are missing or cannot be viewed on the secretary of state’s website. Guidelines for filling out those forms are so vague, she said, they allow legislators to avoid disclosing how much they earn and with whom they do business.
New York – Andrew Cuomo Holds Webinar with Firm That Promised His Book to Employees
Rochester Democrat and Chronicle – Jon Campbell | Published: 10/2/2020
Skadden, Arps, Slate, Meagher & Flom hosted a closed-to-the-public webinar with New York Gov. Andrew Cuomo, sending an email invitation to employees that prominently featured the cover of “American Crisis,” Cuomo’s upcoming account of leading the state during the coronavirus pandemic. Each person who registered for the webinar is due to receive a copy of the book, which carries a hardcover list price of $30. Crown Publishing Group confirmed it is not providing copies to Skadden free of charge. Skadden is a registered lobbyist in New York, though the firm lists only one lobbying client in the state: The Shed, a performing and visual arts center. Most of the lobbying work appears centered on New York City, not the state.
New York – Appeals Court Rejects Trump Effort to Shield Financial Records
Politico – Josh Gerstein and Kyle Cheney | Published: 10/7/2020
A federal appeals court rejected President Trump’s efforts to keep his financial records from a Manhattan prosecutor, putting the president on track for a second date at the U.S. Supreme Court in his campaign to keep those documents private. A three-judge panel of the Second U.S. Circuit Court of Appeals rejected arguments from Trump’s legal team that the subpoena issued to Trump’s accounting firm at the request of Manhattan District Attorney Cyrus Vance was too broad and the subpoena amounted to retaliation for the refusal of Trump’s businesses to cooperate with Vance’s office.
New York – NYC Council Expels Andy King Over Latest Harassment, Ethics Violations
MSN – Stephen Rex Brown and Shant Shahrigian (New York Daily News) | Published: 10/5/2020
The New York City Council expelled Andy King over charges he harassed and discriminated against a female employee, took a kickback from another staffer, and failed to pay a fine for previous misconduct. The vote to expel King resulted from the third investigation into his conduct in less than three years. In the latest case, the council’s Ethics Committee found he forced a female staffer to go on unpaid leave after she complained of menstrual bleeding. King gave a different employee a $9,500 one-time payment with council funds and demanded a $2,000 kickback in return. The panel found King refused to accept part of the punishment he received last year for separate violations.
New York – Rochester, New York, Mayor Indicted on 2 Felony Campaign Finance Charges
USA Today – Gary Craig and Tony Sharp (Rochester Democrat and Chronicle) | Published: 10/2/2020
Rochester Mayor Lovely Warren was indicted on two felony campaign finance charges. The first charge is for first-degree scheme to defraud; the second is an election law offense for illegally coordinating activities and expenditures. The grand jury indictment is connected to Warren’s 2017 mayoral re-election campaign. Warren has refuted any wrongdoing in the matter. If convicted, Warren would be removed from office under state law. While Warren would be unlikely to be incarcerated, her pension could be forfeited if the matter is determined to be a crime related to public office, and she also could lose her law license.
North Carolina – Democrat’s Personal Scandal Roils N. Carolina Senate Race
Associated Press News – Brian Slodysko and Gary Robertson | Published: 10/7/2020
A race in North Carolina critical to control of the U.S. Senate has been thrown into turmoil over allegations of personal misconduct by Democrat Cal Cunningham, a married man who had an extramarital relationship this summer with a consultant. Previously undisclosed text messages and interviews show the relationship extended beyond suggestive texts, as was previously reported, to an intimate encounter as recent as July. Republicans hold a 53-to-47 majority in the Senate, and the contest between Cunningham and U.S. Sen. Thom Tillis has been among the most watched in the country, with polls showing a tight race and both parties investing heavily in the outcome.
Ohio – Federal Judge Thinks LaRose Has Permitted Off-Site Ballot Collection Sites in Ohio, Dismisses Drop Box Lawsuit. But Is He Right?
Cleveland Plain Dealer – Andrew Tobias | Published: 10/6/2020
A federal judge determined Ohio Secretary of State Frank LaRose has permitted county boards of elections to offer off-site ballot collection sites and dismissed a lawsuit from voting-rights activists seeking an expansion of ballot drop boxes. But parties in the case, elections officials, and observers said they are confused by U.S. District Court Judge Dan Polster’s order and what it will mean for state elections. Officials in LaRose’s office have said they have not actually said that extra ballot drop boxes are allowed, and local elections officials say they are waiting on guidance. Polster declined to clarify his ruling, while LaRose’s office issued a statement that did not clearly address what their next step is.
Ohio – FirstEnergy, Energy Harbor Can Still Donate to Legislative Candidates During HB6 Repeal Debate, Judge Rules
Cleveland Plain Dealer – Jeremy Pelzer | Published: 10/2/2020
A judge ruled FirstEnergy Corp. and the owner of Ohio’s two nuclear power plants can still make political donations to state lawmakers as the Legislature considers whether to repeal a controversial law benefiting the companies. Franklin County Common Pleas Judge Chris Brown reluctantly denied an injunction request by Attorney General Dave Yost to restrict FirstEnergy, Energy Harbor, ex-House Speaker Larry Householder, and others involved in the House Bill 6 scandal from donating to any state legislative candidate through the end of the year, nor lobby any legislator about repealing or changing the legislation.
Oregon – After Wheeler’s $150,000 Loan, Iannarone Campaign Takes City Auditor to Court to Enforce Self-Funding Limits
OPB – Rebecca Ellis | Published: 10/6/2020
Portland mayoral candidate Sarah Iannarone’s campaign asked a court to make the city auditor enforce a strict cap on the money that candidates can lend themselves to fund their election efforts. The request comes after Mayor Ted Wheeler loaned his campaign $150,000. Voters approved strict campaign finance limits in 2018, including a $5,000 cap on how much candidates can loan themselves. After a series of court challenges, the city auditor announced in May she would begin enforcing most of the campaign finance changes, except for the limits on self-funding. The city has taken the position that the self-funding portion of the charter conflicts with U.S. Supreme Court precedent and would not hold up in court.
Oregon – Election 2020: Oregon’s Measure 107 would allow laws to limit campaign contributions
Salem Statesman Journal – Capi Lynn | Published: 10/6/2020
Measure 107 on the November ballot would amend the Oregon Constitution, allowing not just the state but local governments to enact laws that limit campaign contributions and expenditures and require their disclosure. The measure also would require campaign advertisements to identify who paid for them. Oregon is one of five states with no limits on political campaign donations and ranks first in per-capita corporate political donations. State lawmakers approved sending Measure 107 to voters. If it passes, it will be up to them to come to a consensus on what limits and disclosure look like.
Pennsylvania – Chester County District Judge Siphoned $4K From His Campaign Fund to Feed a Gambling Habit, AG Says
Philadelphia Inquirer – Vinny Vella | Published: 10/7/2020
Chester County Magisterial District Judge Michael Cabry III diverted nearly $4,000 in campaign donations for personal expenses, using the funds to prop up his “six-figure gambling habit,” at casinos in Pennsylvania, Delaware, and New Jersey, state prosecutors said. In the run-up to the 2017 election, Cabry created Citizens for Cabry, a PAC overseen by his niece, the grand jury said. Its reports reflected personal reimbursements to Cabry through debit cards linked to the PAC’s bank account. Those reimbursements included ATM withdrawals at Delaware Park Casino, Dover Downs Casino, and Bally’s Resort and Casino, as well as stays at hotels near those casinos, the grand jury said.
Pennsylvania – Courtright: ‘I should have known better.’
Citizen’s Voice – Joseph Kohut | Published: 10/2/2020
The former mayor of Scranton, Pennsylvania, has been sentenced to seven years in federal prison on charges he shook down businesses for bribes and campaign contributions. Bill Courtright resigned last year as mayor of the city of 78,000 and pleaded guilty to bribery, extortion, and conspiracy. Prosecutors say Courtright took bribes from a company that had a contract with the city to collect delinquent taxes and garbage fees.
Pennsylvania – Judge Dismisses Suit by Top Pa. Senator’s Campaign Against Spotlight PA Journalist, Others
Philadelphia Inquirer – Mike Wereschagin (The Caucus) | Published: 10/7/2020
A judge dismissed a lawsuit filed by Pennsylvania Senate President Pro Tempore Joseph Scarnati’s campaign against a Spotlight PA reporter and The Caucus and one of its journalists. Scarnati’s campaign wanted The Caucus, and reporters Brad Bumsted, and Angela Couloumbis to pay its accounting firm $5,070 for producing and copying public records that documented questionable campaign spending by Scarati. It also wanted the trio to pay $1,000 in attorneys’ fees and court costs. But Magisterial District Court Judge Jacqueline Mizerock ruled Scarnati’s campaign, not the journalists, should be on the hook for the costs the accounting firm incurred.
Rhode Island – Speaker Mattiello Isn’t the One on Trial for Money Laundering Today. But His Reputation Could Be.
Boston Globe – Edward Fitzpatrick | Published: 10/4/2020
Little-known Democratic political operative Jeffrey Britt is on trial for money laundering and making an illegal campaign contribution, but much of the focus will be on someone who is not on trial: House Speaker Nicholas Mattiello. Britt’s lawyer says Leo Skenyon, Mattiello’s chief of staff, told Britt to persuade a defeated Republican candidate to endorse Mattiello instead of the candidate from her own party who was seeking to unseat the speaker in 2016. Britt has pleaded not guilty to the charge he illegally funneled money to her to pay for a mailer that carried her endorsement. If Skenyon knew what he was doing, Britt maintains, then so did the Mattiello campaign. Of the three men, only Britt is charged. But Britt’s attorney is determined to put Mattiello on trial.
South Carolina – High Court Reinstates S. Carolina Ballot Witness Requirement
Associated Press News – Jessica Gresko | Published: 10/6/2020
The U.S. Supreme Court reinstated a requirement that South Carolina residents voting by mail in November’s election get a witness to sign their ballots. Democrats had sought to have the requirement put on hold because of the coronavirus pandemic, but Republicans had defended it as deterring fraud. While the high court reinstated the requirement as a lawsuit over it proceeds, voters have already started returning ballots. More than 200,000 absentee ballots have been mailed and 18,000 returned, according to the state’s election commission. The court said any ballots cast before the court’s action on October 5 “and received within two days of this order may not be rejected for failing to comply with the witness requirement.”
Texas – Gov. Greg Abbott Limits Counties to One Absentee Ballot Drop-Off Location, Bolstering GOP Efforts to Restrict Voting
Texas Tribune – Emma Platoff | Published: 10/1/2020
Gov. Greg Abbott threw the weight of his office behind Republican efforts to limit options for Texas voters who want to hand-deliver their completed absentee ballots for the November election, a rebuke to some large, Democratic counties that have set up multiple drop-off locations in what they call an effort to maximize voter convenience. The governor issued a proclamation directing counties to designate just one location for ballot drop-offs and allowing political parties to install poll watchers to observe the process. With the U.S. Postal Service warning of potential delays, many Texans are eager to deliver their completed absentee ballots in person.
Texas – Texas Supreme Court Rules Harris County Cannot Mail Out Ballot Applications to All Registered Voters
CNN – Ashley Killough and Veronica Stracqualursi | Published: 10/7/2020
The Texas Supreme Court ruled Harris County, one of the largest in the country, cannot mail out applications for absentee ballots to all of its 2.4 million registered voters. The ruling is the latest blow for Democrats and voting rights groups who have pushed for Texas to expand vote-by-mail access amid the coronavirus pandemic. Republicans have blocked their efforts in favor of stricter measures that they argue ensure the integrity of the electoral process. The decision blocks Harris County Clerk Chris Hollins from sending out applications for mail-in ballots to every registered voter in the county even if they may be ineligible for absentee voting, including in Houston, the state’s largest city and a Democratic stronghold.
Washington DC – Mayor Bowser Has $219,000 in Her Fund for Needy Residents. During the Pandemic, She Has Given $0.
Washington Post – Fenit Nirappil | Published: 10/5/2020
District of Columbia Mayor Muriel Bowser and city council Chairperson Phil Mendelson have not made a single donation this year from the special charitable funds they control, even as the coronavirus pandemic has left thousands of city residents jobless and businesses scrambling to stay afloat. Bowser has $219,000 in her constituent services fund, while Mendelson has nearly $136,000, mostly from leftover campaign money. Six other council members have accumulated a total of $39,000 but spent only $7,000 since the virus arrived in the region in March. Watchdogs, who have long criticized the constituent service program because it allows individuals and special-interest groups to give money to politicians outside of campaign season, say there is no shortage of organizations and residents in need of financial assistance, and elected officials should be more proactive.
West Virginia – WV State Ed Official Urged SAT Seller to Hire Former GOP Chairman to ‘Neutralize’ ACT Lobbyist
Charleston Gazette-Mail – Ryan Quinn | Published: 10/2/2020
West Virginia’s assistant schools superintendent for testing successfully urged the seller of the SAT test to hire the state Republican Party’s former chairperson as a lobbyist. Assistant Superintendent Jan Barth said Conrad Lucas would, as she put it in an email, “neutralize” a lobbyist for the competing ACT test. This means Barth, who oversees statewide learning standards, in addition to standardized testing, recommended the hiring of a legislative representative for an organization, the College Board, that is paid roughly $1 million annually by Barth’s agency. The College Board might seek to extend that contract in the future.
October 8, 2020 •
Mayor de Blasio Announces Special Election for City Council
New York City Mayor Bill de Blasio announced a special election to be held on December 22 for City Council District 12. The seat is vacant after the expulsion of Bronx Councilman Andy King for accusations of sexual harassment, misuse […]
New York City Mayor Bill de Blasio announced a special election to be held on December 22 for City Council District 12.
The seat is vacant after the expulsion of Bronx Councilman Andy King for accusations of sexual harassment, misuse of city resources, and other ethics violations.
The winner of the special election will serve the remainder of King’s term through 2021.
October 8, 2020 •
Thursday’s LobbyComply News Roundup
Campaign Finance Maryland: “Can Public Campaign Financing Improve Government? Baltimore County Executive, Activists Start Campaign to Convince Voters.” by Alison Knezevich for Baltimore Sun New York: “Rochester, New York, Mayor Indicted on 2 Felony Campaign Finance Charges” by Gary Craig […]
Campaign Finance
Maryland: “Can Public Campaign Financing Improve Government? Baltimore County Executive, Activists Start Campaign to Convince Voters.” by Alison Knezevich for Baltimore Sun
New York: “Rochester, New York, Mayor Indicted on 2 Felony Campaign Finance Charges” by Gary Craig and Tony Sharp (Rochester Democrat and Chronicle) for USA Today
Oregon: “After Wheeler’s $150,000 Loan, Iannarone Campaign Takes City Auditor to Court to Enforce Self-Funding Limits” by Rebecca Ellis for OPB
Pennsylvania: “Chester County District Judge Siphoned $4K From His Campaign Fund to Feed a Gambling Habit, AG Says” by Vinny Vella for Philadelphia Inquirer
Elections
Ohio: “Federal Judge Thinks LaRose Has Permitted Off-Site Ballot Collection Sites in Ohio, Dismisses Drop Box Lawsuit. But Is He Right?” by Andrew Tobias for Cleveland Plain Dealer
Ethics
Missouri: “St. Louis Husband and Wife Who Pointed Guns at Protesters Indicted on Firearms Charges” by Tim Stelloh for NBC News
New York: “Appeals Court Rejects Trump Effort to Shield Financial Records” by Josh Gerstein and Kyle Cheney for Politico
Pennsylvania: “Judge Dismisses Suit by Top Pa. Senator’s Campaign Against Spotlight PA Journalist, Others” by Mike Wereschagin (The Caucus) for Philadelphia Inquirer
Washington DC: “Mayor Bowser Has $219,000 in Her Fund for Needy Residents. During the Pandemic, She Has Given $0.” by Fenit Nirappil for Washington Post
Lobbying
Missouri: “Amid Accusations of Insider Politics, Parson Campaign Rents Space from Lobbyists” by Kurt Erickson for St. Louis Post-Dispatch
October 7, 2020 •
Wednesday’s LobbyComply News Roundup
Campaign Finance New Jersey: “NJ Investigating Bergen Health Broker Records in Criminal Probe of Political Donations” by Terence McDonald for Bergen Record Oregon: “Election 2020: Oregon’s Measure 107 would allow laws to limit campaign contributions” by Capi Lynn for Salem […]
Campaign Finance
New Jersey: “NJ Investigating Bergen Health Broker Records in Criminal Probe of Political Donations” by Terence McDonald for Bergen Record
Oregon: “Election 2020: Oregon’s Measure 107 would allow laws to limit campaign contributions” by Capi Lynn for Salem Statesman Journal
Elections
Florida: “Most Florida Felons Kept from Registering to Vote by Fines, Fees or Fears, Activists Say” by Lori Rozsa for Washington Post
North Carolina: “U.S. Senate Candidate Cal Cunningham Admits to Sexting with California Strategist” by Brian Murphy, Tara Copp, and Ames Alexander for Raleigh News and Observer
Ethics
National: “Facebook Imposes Major New Restrictions on QAnon, Stepping Up Enforcement Against the Conspiracy Theory” by Craig Timberg and Isaac Stanley-Becker (Washington Post) for MSN
Delaware: “Fittingly, Supreme Court Term Starts with Test of Political Affiliations for Judges” by Robert Barnes for Washington Post
New Mexico: “New Mexico State Ethics Commission Urged to Reform Candidate Finance Reports” by Robert Knott for Santa Fe New Mexican
New York: “NYC Council Expels Andy King Over Latest Harassment, Ethics Violations” by Stephen Rex Brown and Shant Shahrigian (New York Daily News) for MSN
Lobbying
West Virginia: “WV State Ed Official Urged SAT Seller to Hire Former GOP Chairman to ‘Neutralize’ ACT Lobbyist” by Ryan Quinn for Charleston Gazette-Mail
October 6, 2020 •
Tuesday’s LobbyComply News Roundup
Campaign Finance Montana: “Record Penalties Levied in Dark Money Lawsuit” by John Adams for Montana Free Press Elections South Carolina: “High Court Reinstates S. Carolina Ballot Witness Requirement” by Jessica Gresko for Associated Press News Ethics National: “Public Records Requests […]
Campaign Finance
Montana: “Record Penalties Levied in Dark Money Lawsuit” by John Adams for Montana Free Press
Elections
South Carolina: “High Court Reinstates S. Carolina Ballot Witness Requirement” by Jessica Gresko for Associated Press News
Ethics
National: “Public Records Requests Fall Victim to the Coronavirus Pandemic” by Nate Jones for Washington Post
National: “In a New Ruling, Judge Says Census Count Must Continue Through October” by Tara Bahrampour (Washington Post) for MSN
National: “Sonny Perdue Fuels Ethics Scrutiny as Trump’s Rural Envoy” by Ryan McCrimmon for Politico
Illinois: “Berrios Son-in-Law Indicted in Bribery Scheme Involving Ex-State Rep. Luis Arroyo” by Jason Meisner for Chicago Tribune
New York: “Andrew Cuomo Holds Webinar with Firm That Promised His Book to Employees” by Jon Campbell for Rochester Democrat and Chronicle
Rhode Island: “Speaker Mattiello Isn’t the One on Trial for Money Laundering Today. But His Reputation Could Be.” by Edward Fitzpatrick for Boston Globe
Redistricting
Virginia: “Virginia Democrats Face Choice Between Idealism and Revenge in Vote on Gerrymandering” by Robert McCartney for Washington Post
October 5, 2020 •
Monday’s LobbyComply News Roundup
Campaign Finance Ohio: “FirstEnergy, Energy Harbor Can Still Donate to Legislative Candidates During HB6 Repeal Debate, Judge Rules” by Jeremy Pelzer for Cleveland Plain Dealer Elections National: “Trump’s Illness Halts Campaign Just When It Needs an October Boost” by Philip […]
Campaign Finance
Ohio: “FirstEnergy, Energy Harbor Can Still Donate to Legislative Candidates During HB6 Repeal Debate, Judge Rules” by Jeremy Pelzer for Cleveland Plain Dealer
Elections
National: “Trump’s Illness Halts Campaign Just When It Needs an October Boost” by Philip Rucker, Josh Dawsey, and Annie Linskey (Washington Post) for MSN
National: “Trump’s Call for Poll-Watching Volunteers Sparks Fear of Chaos and Violence on Election Day” by Amy Gardner, Joshua Partlow, Isaac Stanley-Becker, and Josh Dawsey (Washington Post) for MSN
Alaska: “An Initiative Proposes to Overhaul Alaska’s Elections. But Not Everyone Thinks They’re Broken.” by Nat Herz (Alaska Public Media) for Anchorage Daily News
Michigan: “Michigan AG Dana Nessel Files Charges Against GOP Operatives Over Robocalls” by Craig Mauger for Detroit News
Texas: “Gov. Greg Abbott Limits Counties to One Absentee Ballot Drop-Off Location, Bolstering GOP Efforts to Restrict Voting” by Emma Platoff for Texas Tribune
Ethics
National: “Several Lawmakers Disclose Opaque Financial Records” by Chris Marquette for Roll Call
National: “Biden Transition Elevates Former Facebook Exec as Ethics Arbiter” by Alex Thompson and Theodoric Meyer for Politico
California: “Was City of Industry Tricked into Hiring a Negotiator with a Major Conflict of Interest on Failed $20 Million Solar Project?” by Jason Henry for San Gabriel Valley News
Lobbying
Illinois: “Chicago Aldermen to Consider Rolling Back Part of City’s Elected Official Lobbying Ban” by John Byrne (Chicago Tribune) for MSN
October 2, 2020 •
News You Can Use Digest – October 2, 2020
National/Federal Amy Coney Barrett, a Disciple of Justice Scalia, Is Poised to Push the Supreme Court Further Right Washington Post – Michael Kranish, Robert Barnes, Shawn Boburg, and Ann Marimow | Published: 9/26/2020 The declarations of political war started coming fast […]
National/Federal
Amy Coney Barrett, a Disciple of Justice Scalia, Is Poised to Push the Supreme Court Further Right
Washington Post – Michael Kranish, Robert Barnes, Shawn Boburg, and Ann Marimow | Published: 9/26/2020
The declarations of political war started coming fast as President Trump announced his nomination of Judge Amy Coney Barrett to the U.S. Supreme Court. By the time she had finished her speech accepting the nomination, less than 30 minutes later, more than a dozen groups supporting and opposing her nomination had announced, or were poised to announce, advertising and grassroots advocacy campaigns that were expected to bombard airwaves, Facebook feeds, and Senate inboxes. If activists’ fervor and spending commitments hold, the battle over Barrett’s nomination could near $40 million in spending, and potentially much more, and help define the final five weeks of the presidential campaign.
Courts View GOP Fraud Claims Skeptically as Democrats Score Key Legal Victories Over Mail Voting
MSN – Elise Viebeck (Washington Post) | Published: 9/28/2020
A review by The Washington Post of nearly 90 state and federal voting lawsuits found judges have been broadly skeptical as Republicans use claims of voter fraud to argue against ensuring votes cast by mail are counted and protecting the wide distribution of mail ballots in some states. In no case did a judge back President Trump’s view, refuted by experts, that fraud is a problem significant enough to sway a presidential election. Some of the wins have been preliminary. In many cases, judges issued split decisions, granting some of the changes sought by liberal plaintiffs and otherwise maintaining the status quo as favored by Republicans. But The Post found judges appointed by Republicans and Democrats alike have been dubious of GOP arguments that lowering barriers to mail voting could lead to widespread fraud.
Ethics Watchdog Seeks Stronger Powers to Police Rules Covering Public Officials
Irish Times – Jack Horgan-Jones | Published: 9/30/2020
Ireland’s ethics watchdog said she hopes the government will strengthen its powers to police “revolving-door” rules in a review announced in the wake of controversy regarding former minister Michael D’Arcy’s move to the private sector. The new powers would include the right to seize documents and compel testimony from people suspected of breaching the rules, which stipulate a 12-month waiting period before former ministers or senior officials join the private sector. Sherry Perrault, head of ethics and regulation at the Standards in Public Office Commission, said she welcomed the announcement of a review of the post-employment provisions of the Regulation of Lobbying Act.
False G.O.P. Ad Prompts QAnon Death Threats Against a Democratic Congressman
New York Times – Catie Edmonson | Published: 9/30/2020
U.S. Rep. Tom Malinowski is facing down death threats from QAnon supporters after the House Republicans’ campaign arm falsely accused him of lobbying to protect sexual predators. QAnon supporters began targeting Malinowski after he led a bipartisan resolution condemning the movement, which spreads a baseless conspiracy theory that President Trump is battling a cabal of Democratic pedophiles. QAnon believers seized on an advertisement released by the campaign arm, the National Republican Congressional Committee, that falsely claimed Malinowski, then a lobbyist for Human Rights Watch, worked to block a provision in a 2006 crime bill that would have expanded registration requirements for sex offenders.
Florida Republican Cooperating with Campaign Finance Probe
Associated Press News – Staff | Published: 9/24/2020
The U.S. Justice Department is investigating former U.S. Rep. Ileana Ros-Lehtinen, who is accused of spending at least $50,000 in campaign money on vacations and restaurant and luxury hotel bills. The department’s Public Integrity Section is looking into the expenditures, which includes a 2017 trip to Walt Disney World with her children and grandchildren, rooms at a Ritz-Carlton resort, and a New Year’s Eve meal at a high-end seafood restaurant.
Judges Propose Making Disclosure of Their Personal Details a Crime
Politico – Josh Gerstein | Published: 9/24/2020
Judge Amy Coney Barrett, President Trump’s nominee for the U.S. Supreme Court, has drawn widespread attention for her reported membership in People of Praise, a largely Catholic, charismatic religious group. Judge Barbara Lagoa is a longtime member of the Federalist Society, a conservative legal group. Those details, easily found in numerous news stories about the potential Supreme Court nominees, could become illegal for media outlets or anyone else to publish on the internet under a proposal federal judges sent to Congress. Under the suggested legislation, lawmakers would grant judges extraordinary latitude to decide what personal information to exclude from the public eye.
Long-Concealed Records Show Trump’s Chronic Losses and Years of Tax Avoidance
New York Times – Russ Buettner, Susanne Craig, and Mike McIntire | Published: 9/27/2020
Donald Trump paid $750 in federal income taxes the year he won the presidency. In his first year in the White House, he paid another $750. He had paid no income taxes at all in 10 of the previous 15 years, largely because he reported losing much more money than he made. As the president wages a re-election campaign that polls say he is in danger of losing, his finances are under stress, beset by losses and hundreds of millions of dollars in debt coming due that he has personally guaranteed. Also hanging over him is a decade-long audit battle with the IRS over the legitimacy of a $72.9 million tax refund he claimed and received after declaring huge losses. An adverse ruling could cost him more than $100 million. The tax returns Trump has fought to keep private tell a story fundamentally different from the one he has sold to the American public.
Michael Flynn Judge Emphasizes He Is Not a ‘Rubber Stamp’ in Justice Dept. Bid to Drop Prosecution
Washington Post – Spencer Hsu and Ann Marimow | Published: 9/29/2020
U.S. District Court Judge Emmitt Sullivan began scrutinizing the Justice Department’s bid to dismiss the criminal case against Michael Flynn, the former Trump national security adviser who pleaded guilty to lying to federal investigators. Sullivan emphasized his role is not to serve as a “rubber stamp” when it comes to reviewing Attorney General William Barr’s questionable request to toss the prosecution of the highest-ranking Trump adviser charged in special counsel Robert Mueller’s Russia investigation. The climactic confrontation could help define the limits of executive- and judicial-branch powers and promises to provide legal and political drama before an election in which Flynn’s contentious prosecution has electrified Trump’s supporters and opponents.
Political Groups Begin Dueling Over Barrett in a Costly Clash
New York Times – Kenneth Vogel, Maggie Haberman, and Jeremy Peters | Published: 9/27/2020
The declarations of political war started coming fast as President Trump announced his nomination of Judge Amy Coney Barrett to the U.S. Supreme Court. By the time she had finished her speech accepting the nomination, less than 30 minutes later, more than a dozen groups supporting and opposing her nomination had announced, or were poised to announce, advertising and grassroots advocacy campaigns that were expected to bombard airwaves, Facebook feeds, and Senate inboxes. If activists’ fervor and spending commitments hold, the battle over Barrett’s nomination could near $40 million in spending, and potentially much more, and help define the final five weeks of the presidential campaign.
Ransomware Attacks Take on New Urgency Ahead of Vote
MSN – Nicole Perloth and David Sanger (New York Times) | Published: 9/27/2020
A company that sells software cities and states use to display results on election night was hit by ransomware, the latest of nearly a thousand such attacks over the past year against small towns, big cities, and the contractors who run their voting systems. Many of the attacks are conducted by Russian criminal groups, some with shady ties to President Vladimir Putin’s intelligence services. While Tyler Technologies does not tally votes, it is used by election officials to aggregate and report them in at least 20 places around the country, making it exactly the kind of soft target the Department of Homeland Security, the FBI, and United States Cyber Command worry could be struck by anyone trying to sow chaos and uncertainty on election night.
Some Democrats Worry Millions Flowing from Super PACs Prioritize White Swing Voters Over Minorities
Washington Post – Michelle Ye Hee Lee | Published: 9/25/2020
Some Democratic strategists are raising the alarm about the millions of dollars being spent by super PACs in support of Joe Biden, saying too much is being spent on White swing voters while not enough is being devoted to driving up turnout among voters of color. The complaints are perennial, but they carry new resonance this year, as Biden has struggled to inspire enthusiasm among young Black voters and Latinos. The Democratic concerns come a more than $150 million has already been spent by the main super PACs supporting Biden, some of which have made it part of their strategy to win back supporters of former President Barack Obama who pivoted in 2016 to Trump.
Trump Incessantly Interrupts and Insults Biden as They Spar in Acrimonious First Debate
Washington Post – Anne Gearan, Philip Rucker, and Annie Linskey | Published: 9/30/2020
The presidential campaign devolved into chaos and acrimony as President Trump incessantly interrupted and insulted Democratic nominee Joe Biden while the two sparred over the economy, the coronavirus pandemic, the Supreme Court, and race relations in their first debate. The most anticipated event on the fall campaign calendar was an uncontrollable spectacle of badgering and browbeating, of raised voices and hot tempers. Trump;s interjections and jeers, some of them false and made in an apparent effort to fluster Biden, landed with such ferocity that moderator Chris Wallace pleaded multiple times with the president to follow the agreed-upon debate rules.
Trump’s Debts and Foreign Deals Pose Security Risks, Former Intelligence Officials Say
MSN – Greg Miller and Yeganeh Torboti (Washington Post) | Published: 9/28/2020
Former intelligence officials and security experts said revelations about President Trump’s tax records raise profound questions about whether he should be trusted to safeguard U.S. secrets and interests. The records show Trump has continued to make money off foreign investments and projects while in office; foreign officials have spent lavishly at his Washington, D.C. hotel and other properties; and despite this revenue he is hundreds of millions of dollars in debt with massive payments coming due. Trump faces the need for a substantial infusion of cash in the coming years to avert potential financial crisis. As a result, officials and experts said Trump has made himself vulnerable to manipulation by foreign governments aware of his predicament and put himself in a position in which his financial interests and the nation’s priorities could be in conflict.
U.S. Chamber of Commerce Abruptly Ousts Top Political Consultant Scott Reed, Alleging Leaks
Washington Post – Tom Hamburger | Published: 9/29/2020
Scott Reed, the veteran Republican political consultant, was fired by the U.S. Chamber of Commerce as the organization’s political director amid allegations he leaked confidential information. Reed helped pilot the chamber’s well-funded congressional election strategy for more than a decade. The chamber’s spending on congressional races has for years eclipsed those of other business trade associations. In addition to donations to candidates, the chamber has a national grassroots organizing effort engaging local business leaders.
When Your Job Is to Make Sure Nov. 3 Isn’t a Disaster
New York Times – Dionne Searcey | Published: 9/30/2020
Secretaries of state, who serve as the top elections officials in most states in what is usually a partisan elected position, are in charge of managing a chaotic, disinformation-prone, pandemic-plagued presidential vote that none of them envisioned when they took office. That a sitting president has become the chief sower of distrust in the election process has added new levels of exasperation for the officials whose days have already been spent rushing from top-secret briefings on thwarting Russian and Chinese disinformation campaigns to making sure enough hand sanitizer is available at hundreds of polling places.
Women Rise on K Street – Slowly
The Hill – Alex Gangitano | Published: 9/28/2020
Lobbying firms and corporate government relations offices with strong female representation have existed over time, though they are rare. Today, more women are rising in the ranks or opening their own shops to slowly balance the playing field. Lobbying is a typical next step for lawmakers after leaving Congress. But men dominate the pool of former members who have moved to K Street. Of The Hill’s top lobbyists of 2019 list, about one-third of the corporate lobbyists recognized are women.
From the States and Municipalities
Alaska – Alaska Mining Executive Resigns a Day After Being Caught on Tape Boasting of His Ties to GOP Politicians
Washington Post – Juliet Eilperin | Published: 9/25/2020
Mining executive Tom Collier, who boasted in secretly taped conversations he had leveraged his ties to Republican officials to advance a controversial project in Alaska, resigned. Collier, chief executive officer of the Pebble Limited Partnership, offered his resignation a day after the Environmental Investigation Agency (EIA) released recordings of Zoom calls in which he talked of currying favor with the White House and Alaska lawmakers to win federal approval for a massive gold and copper mine. Speaking to EIA investigators, who were posing as possible investors in the project, he touted his effort to funnel money to Republican politicians in Alaska and defeat those who sided with Democrats against the mine.
Arizona – Court Reopens Door to ‘Dark Money’ in Arizona Political Races
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 9/29/2020
The Arizona Court of Appeals ruled the state Legislature was within its rights to decide that any group the IRS has classified as non-profit does not have to disclose its donors, even if it uses the money to finance independent expenditures to elect or defeat candidates. That change overturned the ability of the Citizens Clean Elections Commission to determine whether the group was really a charity or only a thinly disguised PAC, which disclose donors. The ruling also allows political parties to spend unlimited amounts on behalf of their candidates without disclosure, among other provisions.
California – California NAACP President Aids Corporate Prop Campaigns – Collects $1.2 Million and Counting
CalMatters – Laurel Rosenhall | Published: 9/25/2020
As leader of the California NAACP, Alice Huffman has weighed in with positions in the ballot handbook critics say run counter to the historic organization’s mission to advance racial equality. What the guide does not tell voters is Huffman’s political consulting firm has been paid more than $1.2 million so far this year by ballot measure campaigns she or the group has endorsed. Huffman’s dual roles as both a paid campaign consultant and leader of a civil rights group amount to an unusual, but legal, arrangement. Huffman’s approach – making money from the campaigns that also wind up with an NAACP seal of approval – is stirring controversy in some Black communities. Critics say it appears the endorsement of the renowned organization is essentially up for sale.
California – Porter Ranch Lobbyist Pleads Guilty in LA City Hall Bribery Scheme
Los Angeles Daily News – City News Service | Published: 9/30/2020
Lobbyist and former Los Angeles City Hall official Morrie Goldman pleaded guilty to conspiring with now-suspended Councilperson Jose Huizar in a bribery scheme. Goldman was a lobbyist for a company which had a pending development project in the city’s Arts District. He and others established two PACs, one of which purportedly supported a variety of causes but actually was created to primarily benefit the city council campaign of a relative of Huizar’s who was planning to run for his council seat. Goldman admitted he agreed with Huizar and an executive at the company that the developer would contribute $50,000 to a PAC established to support the relative’s campaign. In exchange, Huizar would vote against a union appeal of the company’s project in the Planning and Land Use Management Committee, which he chaired at the time.
Florida – Felon Voting: Forcing fees to be paid not an issue for some wealthy felons
Palm Beach Post – John Pacenti | Published: 9/29/2020
Republicans have called for a criminal investigation into vote-buying after a $16 million contribution from New York billionaire Michael Bloomberg to the Florida Rights Restoration Coalition to pay legal financial obligations of felons. The state indicated it does not have the wherewithal to verify felons who register have actually paid their obligations by the general election on November 3. While a federal judge in Tallahassee found Gov. Ron DeSantis’ financial requirement for felons was unconstitutional, the 11th U.S. Circuit Court of Appeals sided with the governor, saying they were part of completing any prison sentence. “This disproportionately impacts the poor and keeps them disenfranchised, but if you are wealthy, you re-enfranchised,” said Michael Barfield, president of the American Civil Liberties Union of Florida.
Florida – JEA Bidder Florida Power and Light Discussed Donating to Charities Led by City Council Members
Florida Times Union – Christopher Hong | Published: 9/29/2020
A month after JEA announced last July it would soon be for sale, Florida Power and Light (FPL) executives held a meeting with the lobbyists helping with the politics of the company’s effort to buy the city-owned utility. Among the assignments the lobbyists received at the meeting: find charities with close ties to Jacksonville City Council members, who would have to vote on any deal to sell JEA. FPL’s game plan included a “charitable giving” component, according to documents obtained by a council committee investigating the failed sale. The documents provide a behind-the-scenes glimpse at how FPL planned to use its financial muscle to strengthen its bid to buy JEA and win community support by financially supporting high-profile events, educational institutions, and nonprofits tied to public officials.
Georgia – Choudhary Sentenced to Jail for Bribing Atlanta Official to Win Airport Contract
Rome News-Tribune – Everett Catts | Published: 9/29/2020
As part of the federal government’s corruption investigation of Atlanta, a businessperson was sentenced to nearly two years in prison for bribing a city official to secure a contract at Hartsfield-Jackson Atlanta International Airport. Hayat Choudhary, chief executive officer of Atlanta Airport Shuttle Services, paid $20,000 in cash to a Department of Procurement official to secure a contract at the airport.
Illinois – 3 Ethics Board Exits Later, Cook County Commissioners Unveil First Draft of Ethics Code Reforms
Chicago Tribune – Alice Yin | Published: 9/24/2020
After a nine-month lag in the Cook County ethics board’s plan to revise the ethics ordinance, as well as three member exits, the Board of Commissioners unveiled a bundle of proposed reforms that mostly won the approval of two ousted ethics board chairpersons. The changes are based on revisions the ethics board voted in favor of in January despite objection from Cook County Board President Toni Preckwinkle’s office that more time was needed to examine the language. Since then, two members reluctantly left after Preckwinkle opted not to reappoint them, and a third resigned in protest.
Illinois – Former ComEd VP Pleads Guilty, Agrees to Cooperate with Feds in Bribery Case Orbiting House Speaker Michael Madigan
Chicago Tribune – Jason Meisner | Published: 9/29/2020
Fidel Marquez, the former senior vice president of governmental affairs at Commonwealth Edison (ComEd), pleaded guilty to one count of bribery conspiracy, the first criminal conviction in an ongoing corruption investigation in Illinois. ComEd has been charged with bribery and has entered into a deferred prosecution agreement. It will pay a $200 million fine and cooperate with investigators in exchange for the charges being dropped in three years. The plea agreement says Marquez conspired with others to solicit jobs, contracts, and monetary payments for House Speaker Michael Madigan and his associates to influence legislation beneficial to ComEd.
Illinois – Legislative Hearings into Madigan Reveal New Details About the ComEd Bribery Scheme
WBEZ – Dave McKinney and Tony Arnold | Published: 9/29/2020
Lawyers representing Commonwealth Edison (ComEd) told a legislative panel how the utility repeatedly engaged in bribery to influence Illinois House Speaker Michael Madigan. The committee weighing potential misconduct charges against the speaker heard the most public airing so far about the lengths ComEd went to curry favor with Madigan, including revelations the scheme was wider than previously disclosed. The company has admitted to showering no-work contracts on members of Madigan’s political team and even putting one ally on the company’s board to illegally bolster its standing with the speaker.
Illinois – Top Lightfoot Adviser on Intergovernmental Affairs to Marry Chicag Alderman, Raising Ethical Concerns from City Staff
Chicago Tribune – Gregory Pratt and John Byrne | Published: 9/26/2020
A top legislative adviser to Chicago Mayor Lori Lightfoot is marrying Ald. Jim Gardiner, raising concerns from some of the mayor’s staff about the ethical implications of the relationship. Lightfoot’s senior adviser for legislative counsel and government affairs, Samantha Fields, has been dating Gardiner for months and they plan to get married in October. Chicago Board of Ethics Executive Director Steve Berlin said city employees and officials are only prohibited from supervising a spouse.
Indiana – Indiana Casino Executive Charged in Illegal Campaign Scheme
Associated Press News – John Davies | Published: 9/29/2020
A top executive of an Indiana casino company that is building a $400 million casino in Gary was indicted on federal charges of illegally funneling campaign contributions to a former state lawmaker’s unsuccessful congressional campaign. The indictment charges Spectacle Entertainment vice president John Keeler and former Indiana Sen. Brent Waltz with taking part in a scheme to direct more than $25,000 in illegal corporate contributions through straw donors to Waltz’s 2016 campaign.
Maryland – HUD Inspectors Find Ben Carson’s Actions Didn’t Benefit Son in Baltimore Deals, but Had the ‘Appearance’ of Ethical Issues
Baltimore Sun – Meredith Cohen | Published: 9/29/2020
The inspector general’s office for the U.S. Department of Housing and Urban Affairs ((HUD) released an investigative report that found no evidence HUD Secretary Ben Carson used his position to benefit his son’s business interests in Baltimore, but he “could have done more to avoid the appearance that he was not complying with federal ethics regulations.” The investigation stems largely from a 2017 “listening tour” in the city by Carson, a former neurosurgeon at the Johns Hopkins Hospital. The report said the inspector general’s office received “multiple complaints” the HUD secretary allowed his son to invite companies and individuals to participate in the tour to advance his own financial interests.
Massachusetts – Former Massachusetts Senate President Stanley Rosenberg Returns to Beacon Hill as Lobbyist
MSN – Matt Murphy (State House News Service) | Published: 9/24/2020
When Stanley Rosenberg left Beacon Hill in the spring of 2018 under less than desirable circumstances, no one could say for sure if or when he might resurface after a career spent in public service. But Rosenberg, who once ascended the political platform in Massachusetts to become the first openly gay and Jewish president of the Senate, is back, and in a position that he never imagined for himself. He is a lobbyist. He resigned more than two years ago after an investigation into the activities of his husband, Bryon Hefner, including allegations he sexually assaulted four men. While the Ethics Committee did not find Rosenberg violated any Senate rules or allowed Hefner to influence Senate business, the committee recommended barring Rosenberg from any leadership positions or committee chairs for one term.
Missouri – Voters See ‘Unfair’ Ballot Language on Cleaner Missouri in Two Counties
Springfield News-Leader – Austin Huguelet | Published: 9/24/2020
Voters in at least two Missouri counties got absentee ballots recently with a key error. Clerks in Buchanan and Vernon counties had ballots with the wrong language describing Amendment 3, which asks voters to reverse changes they made to the state’s redistricting process two years ago. Two courts threw out language written by the Legislature as unfair and rewrote it in August. But Buchanan County Clerk Mary Baack-Garvey and Vernon County Clerk Mike Buehler said their ballots were mistakenly printed with the old language, prompting them to request reprinting with the correct language.
New York – Appeals Court Judges Skeptical of Trump Effort to Block Release of Financial Info
Politico – Josh Gerstein and Kyle Cheney | Published: 9/25/2020
President Trump’s drive to block Manhattan prosecutors from accessing a large swath of his tax and financial records got a chilly reception from a federal appeals court. Three judges on the Second Circuit U.S. Court of Appeals repeatedly questioned Trump attorney William Consovoy’s claim that Manhattan District Attorney Cy Vance’s grand jury subpoena for Trump’s records was “overbroad” and issued in retaliation for the Trump organization’s resistance to an earlier demand for Trump’s tax returns. Rather, they said, it was Consovoy who seemed to be misconstruing long-settled understandings about how grand jury subpoenas and investigations work.
New York – City Council Ethics Committee Moves to Expel Bronx Councilmember Andy King
Gothamist – David Cruz | Published: 9/29/2020
The New York City Council’s Committee on Standards and Ethics took the rare step of recommending expelling Councilperson Andy King following another lengthy investigation into allegations of inappropriate comments, taking bribes, and skirting a $15,000 fine from another prior investigation. The committee determined King asked for a $2,000 kickback from a staffer, and ignored a previously issued $15,000 penalty for a 2019 inquiry that resulted in a 30-day suspension and an office monitor. He has yet to pay for the fine despite being offered a payment plan. The committee also substantiated a harassment claim against King, which alleged he made inappropriate comments to a female staffer in September 2017.
Ohio – Ohio Republican Party Pulls Attack Ad After Realizing It Attacked the Wrong Person
Cleveland Plain Dealer – Andrew Tobias | Published: 9/28/2020
The Ohio Republican Party pulled an ad that falsely attacked state Rep. Phil Robinson for being sued over an unpaid debt from 1999. Along with a picture of Robinson, the ad read, “Phil Robinson can’t manage his own finances …. Can we trust him with ours?” It included a link to a website that has since been taken down. But the site showed information about a 1999 case filed in Cleveland Municipal Court against someone named Phil Robinson. It was a different Phil Robinson.
Pennsylvania – Pennsylvania Republicans Ask Supreme Court to Stop Voting Accommodations
Washington Post – Robert Barnes | Published: 9/28/2020
Pennsylvania’s Republican legislative leaders asked the U.S. Supreme Court to stop a decision by the state’s high court to count mail-in ballots received up to three days after Election Day. The Pennsylvania Supreme Court ruled in Democrats’ favor on a number of mail-voting rules: permitting voters to turn in ballots via drop box in addition to using the U.S. Postal Service; allowing ballots to be returned up to three days after Election Day; and blocking a Republican effort to allow partisan poll watchers to be stationed in counties where they do not live.
Rhode Island – Judge Upholds R.I. Campaign Finance Law; Conservative Groups Appeal
Providence Journal – Patrick Anderson | Published: 9/29/2020
A federal judge rejected a bid to invalidate a portion of Rhode Island’s campaign finance laws, but conservative groups seeking to launch anonymous political campaigns have filed an appeal. U.S. District Court Judge Mary McElroy dismissed a lawsuit that argued the state’s disclosure laws for independent campaign expenditures are unconstitutional. Under Rhode Island law, any person or organization spending $1,000 or more to benefit a candidate or an outcome in a ballot referendum must disclose it to the Board of Elections, even if they are not coordinated with a campaign. The plaintiffs argued that donors, businesses, and organizations should be afforded a “safe space” to engage in political speech without fear their actions will face pushback, as long as it is not coordinated with individual candidates.
Tennessee – Tennessee Registry of Election Finance Violated Open Meetings Act with Secret Vote
The Tennessean – Mariah Timms | Published: 9/25/2020
A judge ruled the Tennessee Registry of Election Finance violated open meetings law when it voted by email to reduce a state lawmaker’s fines in April. Davidson County Chancellor Ellen Hobbs Lyle rejected the state’s argument the vote was inconsequential and therefore unnecessary to be taken in public. The secret vote involved a settlement of penalties that could have kept Rep. Joe Towns from being eligible to run for office on the eve of the eligibility deadline. Towns faced more than $66,000 in penalties owed to the registry and the state Ethics Commission for failing to file certain documents.
Washington – Freed Agrees to Civil Penalty to Resolve Campaign Finance, Reporting Violations
Tacoma News Tribune – Alexis Krell | Published: 9/25/2020
A former Republican gubernatorial candidate and current write-in candidate for lieutenant governor agreed to a civil penalty with the Washington Public Disclosure Commission. Joshua Freed’s 2020 gubernatorial campaign repaid him at least $450,000 of a $500,000 loan he made to the campaign, which violated a $6,000 repayment limit. He agreed to a $50,000 penalty, with half of it suspended as long as he does not have further violations.
West Virginia – Legislators Raise Concerns Over Lack of Oversight on Governor’s Grant Awards
Charleston Gazette-Mail – Phil Kabler | Published: 9/30/2020
Legislative leadership is abdicating its appropriations powers by allowing West Virginia Gov. Jim Justice to award more than $20 million to date in CARES Act Small Business Grants without oversight, said Mick Bates, minority chairperson of the House Finance Committee. Since July, Justice has handed out more than 4,000 grants, most for $5,000, but some $2,000 grants to sole proprietors, out of $1.25 billion in federal CARES Act pandemic relief funds the state received. Some of those grants have drawn scrutiny, including $5,000 grants Justice awarded to VIP Gentlemen’s Club, a strip club in Martinsburg, and to legislative lobbyist Larry Puccio, who clientele includes Justice’s Greenbrier resort.
Wisconsin – Appellate Court Halts Wisconsin Ballot-Counting Extension
Associated Press News – Todd Richmond | Published: 9/27/2020
A federal appeals court temporarily halted a six-day extension for counting absentee ballots in Wisconsin’s presidential election, a momentary victory for Republicans and President Trump in the key battleground state. As it stands, ballots will now be due by eight p.m. on Election Day. A lower court judge had sided with Democrats and their allies to extend the deadline until November 9. Democrats sought more time to help deal with an expected historic high number of absentee ballots.
September 30, 2020 •
Wednesday’s LobbyComply News Roundup
Campaign Finance Indiana: “Indiana Casino Executive Charged in Illegal Campaign Scheme” by John Davies for Associated Press News Elections National: “Trump Incessantly Interrupts and Insults Biden as They Spar in Acrimonious First Debate” by Anne Gearan, Philip Rucker, and Annie […]
Campaign Finance
Indiana: “Indiana Casino Executive Charged in Illegal Campaign Scheme” by John Davies for Associated Press News
Elections
National: “Trump Incessantly Interrupts and Insults Biden as They Spar in Acrimonious First Debate” by Anne Gearan, Philip Rucker, and Annie Linskey for Washington Post
National: “Courts View GOP Fraud Claims Skeptically as Democrats Score Key Legal Victories Over Mail Voting” by Elise Viebeck (Washington Post) for MSN
National: “Ransomware Attacks Take on New Urgency Ahead of Vote” by Nicole Perlroth and David Sanger (New York Times) for MSN
Florida: “Felon Voting: Forcing fees to be paid not an issue for some wealthy felons” by John Pacenti for Palm Beach Post
Ohio: “Ohio Republican Party Pulls Attack Ad After Realizing It Attacked the Wrong Person” by Andrew Tobias for Cleveland Plain Dealer
Ethics
National: “Trump’s Debts and Foreign Deals Pose Security Risks, Former Intelligence Officials Say” by Greg Miller and Yeganeh Torboti (Washington Post) for MSN
National: “Michael Flynn Judge Emphasizes He Is Not a ‘Rubber Stamp’ in Justice Dept. Bid to Drop Prosecution” by Spencer Hsu and Ann Marimow for Washington Post
Lobbying
Florida: “JEA Bidder Florida Power and Light Discussed Donating to Charities Led by City Council Members” by Christopher Hong for Florida Times Union
Massachusetts: “Former Massachusetts Senate President Stanley Rosenberg Returns to Beacon Hill as Lobbyist” by Matt Murphy (State House News Service) for MSN
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