National/Federal

A Court Rejects Trump’s Appeal in His Fight to Keep Financial Records from Congress
Pittsburgh Post-Gazette – Charlie Savage (New York Times) | Published: 11/13/2019

The U.S. Court of Appeals for the District of Columbia let stand an earlier ruling that President Trump’s accounting firm must turn over eight years of his financial records to Congress, bringing the case to the threshold of a likely U.S. Supreme Court battle. Lawyers representing Trump argued Congress had no legitimate legislative authority to seek his business records because the panel seeking them, the House Oversight and Reform Committee, was primarily trying to determine whether he broke existing laws, not weighing whether to enact a new one. Lawyers for House Democrats maintained it was within Congress’s constitutional authority to seek the records, both as a matter of oversight and as it considered whether new presidential ethics and financial disclosure laws are necessary.

After Push from Perry, Backers Got Huge Gas Deal in Ukraine
AP News – Desmond Butler, Michael Biesecker, Stephen Braun, and Richard Lardner | Published: 11/11/2019

Two political supporters of U.S. Energy Secretary Rick Perry secured a potentially lucrative oil and gas exploration deal from the Ukrainian government soon after Perry proposed one of the men as an adviser to the country’s new president. Perry’s efforts to influence Ukraine’s energy policy came earlier this year, just as President Volodymyr Zelenskiy’s new government was seeking military aid from the U.S. to defend against Russian aggression and allies of President Trump were ramping up efforts to get the Ukrainians to investigate Joe Biden. Ukraine awarded the contract to Perry’s supporters little more than a month after the. energy secretary attended Zelenskiy’s May inauguration. In a meeting during that trip, Perry handed the new president a list of people he recommended as energy advisers.

Ban Political Ads on Facebook? Upstart, Anti-Trump Candidates Object.
San Francisco Chronicle – Isaac Stanley-Becker (Washington Post) | Published: 11/10/2019

When Twitter announced a ban on political ads, some top Democrats urged Facebook to follow, saying the site’s promotion tools benefit President Trump by allowing him and his allies to spread falsehoods that reach millions. But if Facebook were to cut off political ads, it could end up undercutting the first-time candidates inspired to enter politics by Trump’s election, including some of the Democrats who helped the party retake the House in 2018. “Online advertising lowers the cost and the barriers to entry,” said Erika Franklin Fowler of Wesleyan University, in part because advertisers can pay for specific impressions rather than having to display ads to an entire local television audience, which may exceed a particular electoral district, creating unnecessary costs.

Deval Patrick Joins the 2020 Race: ‘This won’t be easy, and it shouldn’t be’
MSN – Matt Stevens and Jonathan Martin (New York Times) | Published: 11/14/2019

Former Massachusetts Gov. Deval Patrick officially entered the presidential race, adding an 18th candidate and a late twist to a turbulent Democratic primary with less than three months to go before the Iowa caucuses. Patrick sought to immediately draw a contrast with some of the leading candidates, indirectly taking aim at former Vice President Joe Biden and U.S. Sens. Elizabeth Warren and Bernie Sanders by echoing critiques of their approaches that other candidates have been voicing for weeks, if not months. Patrick’s entry into the contest reflects unease among some Democrats around the current state of the race and underscore the fact that no candidate has yet emerged as a dominant force.

Founder’s Presidential Bid Puts Bloomberg News in Spotlight
The Hill – Joe Concha | Published: 11/12/2019

Former New York City Mayor Michael Bloomberg’s potential presidential bid could raise serious questions for the news organization that bears his name. While it is more famous for its coverage of the economy and global markets, Bloomberg News has a robust news operation that covers the White House, presidential campaigns, and Congress. Bloomberg’s entry into the crowded Democratic primary would leave the reporters and editors covering their company’s namesake as he battles more than a dozen others for the party’s presidential nomination.

Impeachment Hearings Open with Revelation on Trump’s Ukraine Pressure
MSN – Nicholas Fandos and Michael Shear (New York Times) | Published: 11/13/2019

William Taylor Jr., the acting ambassador to Ukraine, revealed new evidence of President Trump’s personal efforts to press Ukraine to investigate political rivals as House investigators launched public impeachment hearings. Taylor said his staff recently told him they overheard Trump’s phone call with Ambassador Gordon Sondland at a restaurant the day after Trump’s July 25 phone call with the new leader of Ukraine that sparked the impeachment investigation. The staffer explained that Sondland had called the president and Trump could be heard asking about “the investigations.” Sondland told the president the Ukrainians were ready to move forward, Taylor testified.

Lobbyist Says He Wasn’t Lobbying When He Tried to Oust Ukrainian Ambassador. Experts Disagree.
USA Today – Kevin McCoy | Published: 11/8/2019

An allegation that lobbyist Bob Livingston sought to oust the U.S. ambassador to Ukraine raises questions about whether he violated a federal law that requires lobbyists to disclose their work for foreign clients. Livingston, a former high-ranking House member who heads an influential K Street lobbying firm, repeatedly called Foreign Service Officer Catherine Croft and pressed for the ouster of the ambassador, Marie Yovanovich, Croft told impeachment investigators. Livingston probably should have disclosed whether he was paid by two Ukraine-linked clients or any other foreigner to seek Yovanovitch’s removal, two legal experts on the Foreign Agents Registration Acts aid. But Livingston said he made the calls as a “concerned American citizen,” not as a lobbyist.

Redistricting Activists Brace for Wall of Inaction as Battle Moves to States
San Antonio Express-News – Amy Gardner, Ted Mellnik, and Adrian Blanco (Washington Post) | Published: 11/12/2019

The U.S. Supreme Court’s decision that partisan gerrymanders are beyond the reach of federal courts has opened the door to a patchwork of outcomes in different states that will hinge on the partisan tilt of their judiciaries and the fine print of their constitutions. That ruling also negated decisions in lower federal courts that threw out maps in key swing states, including Michigan and Wisconsin, meaning those districts will remain in place for next year’s elections. Activists fighting what they view as unfair drawing of district lines said they now must intensify their strategy of backing like-minded candidates for state Legislatures, governors, and even judicial seats to lay the groundwork for future court challenges they think might not succeed today.

Report: Election vendors are ‘prime targets,’ need oversight
AP News – Christina Cassidy | Published: 11/12/2019

The private companies that make voting equipment and build and maintain voter registration databases lack any meaningful federal oversight despite the crucial role they play in U.S. elections, leaving the nation’s electoral process vulnerable to attack, according to a new report from the Brennan Center for Justice. The report calls on Congress to establish a framework for federal certification of election vendors. The authors say this could be established as a voluntary program, similar to how voting machines are certified, with incentives for state and local election officials to use vendors that have completed the process. It would include the establishment of federal standards and the ability for federal officials to monitor compliance and address any violations.

She Inflated Her Resume and Peddled a Fake Time Cover. Trump Appointed Her to the State Department.
MSN – Reis Thebault (Washington Post) | Published: 11/12/2019

A fabricated Time cover is just one of Mina Chang’s listed accomplishments and résumé line items that has come into question after a media investigation found the Trump administration appointee embellished her work history and made misleading claims about her professional background. Chang in April joined the State Department’s Bureau of Conflict and Stabilization Operations as a deputy assistant secretary. At one point, she was up for a more senior post at the United States Agency for International Development’s Bureau for Asia, but in September, her nomination was withdrawn without explanation. It has been a persistent problem for President Trump’s administration: an apparent failure to recognize red flags when vetting potential hires and appointees.

Trump Allies Received Hundreds of Thousands of Dollars Under Federal Health Contract
Politico – Dan Diamond and Adam Cancryn | Published: 11/12/2019

At least eight former White House, presidential transition, and campaign officials for President Donald Trump were hired as outside contractors to the Department of Health and Human Services at the cost of hundreds of thousands of dollars per year. They charged up to $380 per hour for work traditionally handled by dozens of career civil servants in the Centers for Medicare and Medicaid Services’ communications department. The arrangement allowed the Trump allies to cycle through the federal government’s opaque contracting system, charging hefty fees with little public oversight or accountability.

Why Did Google Take Action Against Some Pro-Trump Ads? It’s One of the Many Mysteries of Its Political Ad Rules.
Washington Post – Tony Romm and Isaac Stanley-Becker | Published: 11/8/2019

Google took action against seven ads purchased by President Trump’s 2020 campaign recently, claiming they violated the company’s rules even though they had been viewed at least 24 million times. But Google said little else: It didn’t share a copy of the ads in question or disclose what standards they had violated. To experts, those unknowns are just two of many mysteries that demonstrate the company’s continued struggles to spot and shield users from potentially problematic political content with the 2020 presidential election a year away. Critics contend Google suffers from its own blind spots around paid political speech, which has generated nearly $124 million for the company since it began releasing its data in May 2018.

Canada

Canada – How Corporations Still Get Away with Secret Lobbying in B.C.
The Narwhal – Christopher Pollon | Published: 11/12/2019

British Columbia’s New Democratic Party has promised to clean up politics, eliminate big money campaign donations, and ferret out corporate influence – which includes Bill 54, the province’s lobbying amendment act introduced last October. But in spite of much talk and limited action, the secret lobbying of elected officials remains a common practice in British Columbia today, according to Duff Conacher, coordinator of Democracy Watch. Conacher said all of the recently announced changes, including a strengthened two-year ban on lobbying for politicians or high-level bureaucrats after leaving office, only apply to those who officially register with the Office of the Register of Lobbyists. But if someone is not being expressly paid to lobby or do less than 50 hours of in-house lobbying a year, registration is not required.

From the States and Municipalities

California – Campaign Finance and Lobbyist Registration Rules Get First Nod in Newport Beach
Los Angeles Times – Hillary Davis | Published: 11/8/2019

Newport Beach City Council candidates who knowingly accept campaign donations over the limit may be subject to removal from office under local election reforms that advanced at a recent meeting. The council gave initial approval to two ordinances – one adding a grace period for fixing violations of municipal political contribution limits, plus penalties for scofflaws, and another to establish local lobbyist registration. The lobbyist rule would require an advocate who receives at least $500 a month or works under a contingency contract to register.

California – PG&E Helped Fund the Careers of Calif. Governor and His wife. Now He Accuses the Utility of ‘Corporate Greed.’
San Francisco Chronicle – Douglas MacMillan and Neena Satija (Washington Post) | Published: 11/11/2019

California Gov. Gavin Newsom has repeatedly called out Pacific Gas and Electric (PG&E)  for “corporate greed” in light of its role in the wave of wildfires in his state, but Newsom and his wife have accepted more than $700,000 from the utility, its foundation, and employees as PG&E  has supported his campaigns, ballot initiatives, inauguration festivities, and Jennifer Siebel Newsom’s foundation. The payments are not unusual for PG&E, one of the most politically active companies in California state and local politics and a prolific donor to Bay Area charities. When a federal judge asked PG&E in July to explain why its political spending was “more important than replacing or repairing the aging transmission lines,” the utility said it needs to make the concerns of its employees, customers, and shareholders known to policymakers.

Colorado – Ethics Report on John Hickenlooper’s Private Jet Travel Is Released
Denver Post – Justin Wingerter | Published: 11/7/2019

Colorado’s Independent Ethics Commission released a report into former Gov. John Hickenlooper’s travel, including interview notes that show a private jet trip to Connecticut last year was paid for by a billionaire friend’s company. The report, which drew no conclusions, will be used by the ethics commission as it conducts a hearing into Hickenlooper’s travel and whether that travel violated the Colorado Constitution. The report is primarily made up of interview summations, along with documentation such as checks and travel itineraries.

Florida – Scandalous Details to Emerge in Ex-Mayor Joy Cooper’s Corruption Trial
South Florida Sun-Sentinel – Susannah Bryan | Published: 11/14/2019

The high-profile trial of Joy Cooper, the former mayor of Hallandale Beach arrested on corruption charges, has a slew of scandalous details. And the jurors chosen to serve in Cooper’s trial are likely to hear most of them. Most of those details are related to former lobbyist Alan Koslow, a star witness for the state. A flashy character who at one time boasted he was “Mr. Hollywood,” Koslow became an FBI informant tapped by the agency to ferret out public corruption in Broward County. But before all that, Koslow fell for a ruse set up by two undercover agents who went by the names Jack and Joey. They posed as out-of-town developers who wanted his help getting a high-rise project approved in Hallandale Beach. Koslow told the men he had influence with the Hallandale Beach commission and “had the vote of the mayor,” court records say.

Idaho – Whodunit in the Library: Someone keeps hiding the anti-Trump books
MSN – Mike Baker (New York Times) | Published: 11/10/2019

Someone has been hiding books in the Coeur d’Alene Public Library, those that explore politics through a progressive lens, or criticize President Trump. They wind up misfiled in out-of-the-way corners where readers will be sure not to find them. “I am going to continue hiding these books in the most obscure places I can find to keep this propaganda out of the hands of young minds,” the mystery book relocator wrote in a note left for Bette Ammon, the library director. The incidents over this past year were not the first-time books have mysteriously disappeared. For decades, Coeur d’Alene has navigated a delicate political landscape in northern Idaho, a conservative corner of the country where some have sought refuge from political and social changes elsewhere.

Illinois – Chicago Aldermen Propose Their Own Changes to City Lobbying Rules
Crain’s Chicago Business – A.D. Quig | Published: 11/13/2019

As Illinois legislators weigh ethics changes in response to federal investigations into elected officials, businesses, and lobbyists, aldermen in Chicago are lining up behind their own changes to city lobbying rules. Ald. Michele Smith, who chairs the Committee on Ethics and Government Oversight, and Ald. Matt O’Shea have introduced a ban on city council members acting as paid lobbyists and on outside elected officials lobbying on Chicago matters. So far, they have convinced a majority of the council to support the change.

Illinois – In Springfield, Family Ties Bind Lobbyists, Lawmakers
Prairie State Wire – W.J. Kennedy | Published: 11/11/2019

When he is not in Springfield, Illinois Rep. Michael J. Zalewski says he is a “health care attorney.” But he really works as a municipal lobbyist, representing client interests before local government village boards and city councils. They include Chicago, where his father, Michael R. Zalewski, served as an alderman for 23 years until he resigned this spring after his home was raided by federal authorities as part of a corruption investigation. Rep. Zalewski, questioned earlier this year about whether his side local lobbying job was appropriate, was incredulous. “I’ve acted with integrity and honor,” Zalewski said. “I’ve complied with all ethical and legal guidelines.” He is not the only one seemingly unconcerned with appearances.

Illinois – Lobbying by Sitting Illinois Lawmakers Under Scrutiny
AP News – John O’Connor | Published: 11/11/2019

A federal bribery charge against Illinois Rep. Luis Arroyo has led to questions about whether lawmakers should be allowed to lobby other units of government. Most states allow lawmakers to lobby outside state government, and Illinois is not even the least restrictive. Eighteen states, including California, have no restrictions on such lobbying. House Republicans have produced a package of legislation, including a ban on lobbying by active legislators and a revamp of annually required statements of economic interest.

Iowa – Iowa Ethics Board Looking for Leader to Succeed Megan Tooker
The Gazette – Staff | Published: 11/12/2019

The Iowa Ethics and Campaign Disclosure Board is looking for a new executive director to replace Megan Tooker. She said she is leaving in mid-December to pursue other career opportunities. Board members likely will establish a committee to screen candidates and bring one or more finalists for the board to consider.

Iowa – Steyer Aide Offered Money for Endorsements
AP News – Alexandra Jaffe | Published: 11/7/2019

A top aide to Democratic presidential candidate Tom Steyer in Iowa privately offered campaign contributions to local politicians in exchange for endorsing his White House bid, according to multiple people with direct knowledge of the conversations. The overtures from Pat Murphy, a former Iowa House speaker, are not illegal, though payments for endorsements would violate campaign finance laws if not disclosed. There is no evidence any Iowans accepted the offer or received contributions from Steyer’s campaign as compensation for their backing. Murphy has resigned from the campaign.

Kentucky – Close Election in Kentucky Was Ripe for Twitter, and an Omen for 2020
MSN – Mathew Rosenberg and Nick Corasaniti (New York Times) | Published: 11/10/2019

A few hours after polls closed in Kentucky on November 5, a Twitter user writing under the handle @Overlordkraken1 posted a message to his 19 followers saying he had “just shredded a box of Republican mail-in ballots.” It was clear the Kentucky governor’s race was going to be excruciatingly close, and the Republican incumbent, Matt Bevin, could be headed to defeat. For those eager to cry fraud as a reliably red state leaned blue, the fact that @Overlordkraken1 did not appear to be in Kentucky was not going to get in the way of a useful narrative. Kentucky is shaping up to be a case study in the real-word impact of disinformation, and a preview of what election-security officials and experts fear could unfold a year from now if the 2020 presidential election comes down to the wire.

Louisiana – Louisiana Supreme Court Justice Jefferson Hughes III Denies Payoff Allegation from Ex-Hammond Councilman
New Orleans Advocate – John Simerman | Published: 11/3/2019

Louisiana Supreme Court Justice Jefferson Hughes III acknowledges he visited a former Hammond city councilperson at his home to question him about his support for Will Crain, an appeals court jurist running for an open seat alongside Hughes on the state’s high court. Hughes also said he told the ex-councilperson, local political operative Johnny Blount, that he might find it more financially rewarding to back Hans Liljeberg, the state appeals court judge facing off against Crain in the November 16 runoff. But Hughes insisted he never offered Blount $5,000 to come out publicly for Liljeberg, an allegation Blount made in an affidavit. Blount’s affidavit prompted Richard Ducote, who lost in the primary for the Supreme Court seat and now backs Crain, to file a complaint against Hughes with the Louisiana Judiciary Commission.

Maryland – Annapolis Ethics Commission Chair Owns a Short-Term Rental Property, Says Not a Conflict of Interest
Capital Gazette – Brooks DuBose | Published: 11/13/2019

Annapolis Ethics Commission Chairperson Jim Dolezal did not disclose he operates a short-term rental property before voting with the commission to deny a request by city Ald. Elly Tierney to reconsider her recusal from a contentious debate on short-term rental legislation. The ethics panel upheld the recusal by citing a potential conflict-of-interest because Tierney owns and operates a bed and breakfast. Dolezal’s property is only available to rent during the annual U.S. Sailboat Show and Naval Academy Commissioning Week, he said. Current and proposed rental legislation specifically exempts rentals from those two events.

Massachusetts – Boston Subpoenaed by Grand Jury in Marijuana Corruption Probe
Boston Globe – Dan Adams | Published: 11/9/2019

A federal grand jury has subpoenaed the City of Boston for records of interactions between local officials and marijuana company representatives. The demand makes the city the most prominent subject yet of a wide-ranging investigation into municipal corruption by the office of U.S. Attorney Andrew Lelling, though there is no evidence prosecutors are targeting Boston in particular. One main focus of the probe is the “host community agreements” every marijuana firm must sign with the city or town where it hopes to open before it can obtain a state license. Boston so far has signed host community agreements with 14 marijuana operators; no recreational pot shops have opened in the city, though several have applications pending before the state Cannabis Control Commission.

Michigan – News Websites with Political Ties Spread Across Michigan
Governing – Malachi Barrett (MLive.com) | Published: 11/9/2019

A growing number of media organizations with ties to partisan activists are spreading in Michigan in time for the 2020 presidential election. News websites affiliated with Republican and Democratic groups have sprung up in battleground states in the last year. The websites are straightforward about their editorial agenda to varying degrees – some described themselves as watchdogs meant to replace trusted community newspapers while others clearly exhibit a partisan slant and use layouts designed to resemble conventional news organizations. “There’s never been a more difficult time for information consumers than the time we’re in right now,” said Kathleen Bartzen, director of the Center for Journalism Ethics at the University of Wisconsin.

New York – Developer Pays $10K to Settle De Blasio Dubious Donation Case
The City – Greg Smith | Published: 11/13/2019

Douglaston Development will pay $10,000 to end an investigation into a contribution by the company to New York City Mayor Bill de Blasio’s now defunct nonprofit, Campaign for One New York. The Joint Commission on Public Ethics (JCOPE) previously reached settlements with three other major developers the mayor had solicited for donations. Entities that are lobbying City Hall for favorable treatment are prohibited from giving gifts to public officials or to third parties designated by a public official. JCOPE was looking at the donations to DeBlasio’s nonprofit as illegal gifts.

New York – Inspector General Probed Ethics Panel’s Alleged Leak to Cuomo
Albany Times Union – Brendan Lyons | Published: 11/13/2019

New York Gov. Andrew Cuomo was allegedly briefed on the details of a closed-door vote by the Joint Commission on Public Ethics (JCOPE) last January, around the time the panel voted on whether to investigate Joseph Percoco, a former top aide to the governor. The allegation – that someone in JCOPE may have illegally informed the governor or his staff about the voting breakdown of the panel’s non-public decision – was secretly investigated by the state inspector general’s office between January and October 4, when the inspector general sent a letter to JCOPE stating its investigation had been unable to substantiate the complaint. The apparent breach of JCOPE’s bylaws was revealed when Cuomo allegedly contacted Assembly Speaker Carl Heastie almost immediately following the commission’s January meeting and expressed concerns about the votes of the speaker’s appointees to JCOPE.

New York – Under Proposal, Taxpayer Funds Could Match Big Campaign Donations
Albany Times Union – Chris Bragg | Published: 11/13/2019

The plans of a commission charged with rewriting New York’s campaign finance rules quickly drew criticism from advocates who had hoped the panel would reduce the role of big money in state politics. The Public Campaign Finance Commission voted to preliminarily adopt new donation limits for elections for the state Assembly and Senate. While those limits would be about half the current maximum amounts in New York, they would still be quite high by the standards of elections outside the state. “They’re simply reducing the limits from being astronomical to being sky-high,” said Alex Camarda, senior policy advisor at the government reform group Reinvent Albany.

Oregon – Oregon to Launch Statewide Procurement Marketplace in 2020
Governing – Andrew Westrope (Government Technology) | Published: 11/9/2019

Oregon has contracted with Periscope Holdings, a developer of e-procurement systems, to create a new statewide procurement platform, OregonBuys, set to launch in 2020. Based on the company’s BuySpeed e-procurement system, OregonBuys will standardize the procurement process across all state agencies, automate some of the associated tasks, and track and manage government purchases of goods and services.

Pennsylvania – FBI Eyes How Pennsylvania Approved Pipeline
AP News – Marc Levy | Published: 11/12/2019

The FBI has begun a corruption investigation into how Gov. Tom Wolf’s administration came to issue permits for construction on a multibillion-dollar pipeline project to carry highly volatile natural gas liquids across Pennsylvania. FBI agents have interviewed current or former state employees about the Mariner East project and the construction permits, according to three people who have direct knowledge of the agents’ line of questioning. The focus of the agents’ questions involves the permitting of the pipeline, whether Wolf and his administration forced environmental protection staff to approve construction permits and whether Wolf or his administration received anything in return, those people say.

Tennessee – State Panel Questions Recent Ruling to Lower Jeremy Durham’s Campaign Finance Penalty, Calls for New Hearing
The Tennessean – Joel Ebert | Published: 11/13/2019

Campaign finance officials in Tennessee are rejecting an administrative law judge’s ruling to reduce a record-setting fine against former state Rep. Jeremy Durham. The Registry of Election Finance concurred with a recommendation from Bill Young, executive director of the Bureau of Ethics and Finance, to hold a hearing to consider Durham’s case again. The issue dates back to a $465,000 fine the registry levied against Durham in 2017, after an audit found he violated state campaign finance law hundreds of times, including by using donors’ money to buy custom suits and sunglasses. Administrative Law Judge Steve Darnell said the registry’s initial civil penalty was excessive, noted the broadness of the state’s campaign finance laws, and placed the burden of proof on auditors to determine if Durham’s questionable expenditures were illegal. Darnell said the fine should be reduced to $110,000.

Texas – Campaign Contribution Limits Going Up
Austin Monitor – Jo Clifford | Published: 11/12/2019

Austin voters approved new campaign finance regulations in 1997 that limit the amount an individual can give to each candidate. City Clerk Jannette Goodall announced that the amount has risen from $350 to $400. “The limits are increasing for the first time in a number of years based on the Department of Labor’s Consumer Price Index,” Goodall said. In addition, candidates will now be allowed to collect $38,000, rather than $37,000, “from sources other than natural persons eligible to vote in a postal ZIP code completely or partially within the (city of Austin) limits.”

Texas – Dallas Mayor Taps Attorney Tim Powers as Ethics Czar, Promises ‘Teeth’ to City Code
Dallas Morning News – Hayat Norimine | Published: 11/8/2019

Dallas Mayor Eric Johnson carried out an inaugural promise to pick an ethics czar to rewrite the city’s ethics code. Johnson announced that Tim Powers, a managing partner at the law firm Haynes and Boone LLP who has been chairperson of the Ethics Advisory Commission for a few months, will lead a working group that would scrutinize the ethics code and recommend changes. Johnson said he wants the city council to vote on the recommendations by June.

Texas – Top Texas GOP Donor Resigns from Company After Admitting to Prohibited Contributions
Texas Tribune – Patrick Svitek | Published: 11/7/2019

James Dannenbaum, a prolific Republican donor and former University of Texas regent, is resigning from his namesake engineering company after admitting to coordinating illegal campaign contributions in 2017. Dannenbaum, the chief executive officer of Dannenbaum Engineering, was charged with recruiting employees to donate over $20,000 to three congressional candidates in February 2017 and then reimbursing them with corporate funds. It is a felony to set up such conduit donations, which typically happen when the offender has already given the maximum amount to campaigns, which was $2,700 per election last cycle.

Virginia – In Virginia, Republicans Confront a Fearful Electoral Future
Houston Chronicle – Gregory Schneider and Michael Scherer (Washington Post) | Published: 11/8/2019

The November 5 elections revealed new troubles for the Republican Party in suburbs from Memphis to Philadelphia. Nowhere has the problem been more pronounced than in Virginia, where Republicans have been all but wiped from power in the past decade. Virginia now stands as a fearful avatar for Republicans of what the nation’s unrelenting demographic and cultural changes mean for the party, as the moderate-to-liberal urban and suburban areas grow and more conservative rural areas lose ground. Similar shifts are starting to hit such states as North Carolina, Arizona, Georgia, and Texas, as minority populations increase and white college-educated voters continue to turn away from the GOP brand.

Washington – After Massive Spending, Fight Rages on for Bill to Curb Seattle PAC Money
MyNorthwest.com – Nick Bowman | Published: 11/11/2019

On the heels of sizable corporate spending in Seattle’s city council races, Councilperson Lorena Gonzalez is continuing to fight for legislation to curb that spending in future elections. Her bill will look to curb political spending in Seattle elections in three ways: prohibiting donations from foreign-owned companies; limiting contributions from individuals to independent expenditure committees to $5,000 each; and clarifying reporting requirements for commercial advertisers running paid political ads.

Washington DC – D.C. Lawmaker Jack Evans Owned Bank Stock While Pushing Bill Favored by Bank
Washington Post – Fenit Nirappil and Steve Thompson | Published: 11/9/2019

When District of Columbia Council member Jack Evans proposed a bill in 2011 that would have shifted more city government deposits into local banks, he told a business journal he got the idea from EagleBank, one of a few institutions that would have benefited. What Evans never made public was that he held stock in EagleBank worth tens of thousands of dollars. Evans’ financial interest in EagleBank was among the revelations in a recent report from an ethics investigation. In the fallout from the report, nearly every other member of the council has publicly or privately urged Evans, the city’s longest serving lawmaker, to resign. Evans’ relationship with EagleBank has also attracted the interest of federal prosecutors.

Wisconsin – Lawsuit Could Deactivate 234,000 Voters in Wisconsin
AP News – Scott Bauer | Published: 11/13/2019

More than 234,000 voters in Wisconsin would be made unable to cast their ballot unless they register again before the next election under a lawsuit that liberals fear could dampen turnout among Democrats in the 2020 presidential race. The lawsuit could affect how many voters are able to cast ballots in both the April presidential primary and November 2020 general election in Wisconsin, a key swing state that both sides are targeting. President Trump narrowly won the state by less than 23,000 votes in 2016.

Elections

National: “Founder’s Presidential Bid Puts Bloomberg News in Spotlight” by Joe Concha for The Hill

Wisconsin: “Lawsuit Could Deactivate 234,000 Voters in Wisconsin” by Scott Bauer for AP News

Ethics

National: “She Inflated Her Resume and Peddled a Fake Time Cover. Trump Appointed Her to the State Department.” by Reis Thebault (Washington Post) for MSN

National: “New Testimony Ties Trump More Directly to Ukraine Pressure Campaign” by Elise Viebeck (Washington Post) for MSN

Iowa: “Iowa Ethics Board Looking for Leader to Succeed Megan Tooker” by Staff for The Gazette

Maryland: “Annapolis Ethics Commission Chair Owns a Short-Term Rental Property, Says Not a Conflict of Interest” by Brooks DuBose for Capital Gazette

Pennsylvania: “FBI Eyes How Pennsylvania Approved Pipeline” by Marc Levy for AP News

Lobbying

Canada: “How Corporations Still Get Away with Secret Lobbying in B.C.” by Christopher Pollon for The Narwhal

Illinois: “Chicago Aldermen Propose Their Own Changes to City Lobbying Rules” by A.D. Quig for Crain’s Chicago Business

The Iowa Ethics & Campaign Disclosure Board is seeking a new Executive Director.

On November 12, Megan Tooker announced her resignation as the current Executive Director and Legal Counsel for the Board.

Tooker, who has been with the Board since 2010, is leaving to “pursue other career opportunities,” according to The Gazette.

Tooker intends to leave office in December.

Campaign Finance

Iowa: “Steyer Aide Offered Money for Endorsements” by Alexandra Jaffe for AP News

Texas: “Top Texas GOP Donor Resigns from Company After Admitting to Prohibited Contributions” by Patrick Svitek for Texas Tribune

Elections

National: “Why Did Google Take Action Against Some Pro-Trump Ads? It’s One of the Many Mysteries of Its Political Ad Rules.” by Tony Romm and Isaac Stanley-Becker for Washington Post

Michigan: “News Websites with Political Ties Spread Across Michigan” by Malachi Barrett (MLive.com) for Governing

Ethics

National: “After Push from Perry, Backers Got Huge Gas Deal in Ukraine” by Desmond Butler, Michael Biesecker, Stephen Braun, and Richard Lardner for AP News

California: “Campaign Finance and Lobbyist Registration Rules Get First Nod in Newport Beach” by Hillary Davis for Los Angeles Times

Idaho: “Whodunit in the Library: Someone keeps hiding the anti-Trump books” by Mike Baker (New York Times) for MSN

Lobbying

Illinois: “Lobbying by Sitting Illinois Lawmakers Under Scrutiny” by John O’Connor for AP News

Campaign Finance

New York: “Cuomo’s Move to Toughen N.Y. Campaign-Finance Laws Stirs Doubts” by Henry Goldman (Bloomberg) for Connecticut Post

Elections

Kentucky: “Close Election in Kentucky Was Ripe for Twitter, and an Omen for 2020” by Mathew Rosenberg and Nick Corasaniti (New York Times) for MSN

Virginia: “In Virginia, Republicans Confront a Fearful Electoral Future” by Gregory Schneider and Michael Scherer (Washington Post) for Houston Chronicle

Ethics

Colorado: “Ethics Report on John Hickenlooper’s Private Jet Travel Is Released” by Justin Wingerter for Denver Post

Massachusetts: “Boston Subpoenaed by Grand Jury in Marijuana Corruption Probe” by Dan Adams for Boston Globe

Texas: “Dallas Mayor Taps Attorney Tim Powers as Ethics Czar, Promises ‘Teeth’ to City Code” by Hayat Norimine for Dallas Morning News

Washington DC: “D.C. Lawmaker Jack Evans Owned Bank Stock While Pushing Bill Favored by Bank” by Fenit Nirappil and Steve Thompson for Washington Post

Lobbying

National: “Lobbyist Says He Wasn’t Lobbying When He Tried to Oust Ukrainian Ambassador. Experts Disagree.” by Kevin McCoy for USA Today

Senator and former Yauco Mayor Abel Nazario was arrested and indicted on November 6, 2019, on federal corruption charges.

Nazario is accused of using money from government programs receiving federal funds to pay people to work on his senatorial campaign.

Nazario, a member of the majority New Progressive Party (PNP), was previously arrested in 2018 for mandating employees work without pay.

He was later accused of withholding wages in retaliation.

Nazario maintains his innocence and is refusing to step down.

National/Federal

A Conspiracy of Hunches: Roger Stone trial set to start this week
San Francisco Chronicle – Devlin Barrett, Spencer Hsu, and Manuel Roig-Franzia (Washington Post) | Published: 11/4/2019

Roger Stone is on trial in federal court, where prosecutors plan to dive back into an episode of political chicanery, alleged lies, and conspiratorial texts that parallels the nascent impeachment inquiry into his longtime friend President Trump. Stone has long cultivated a public image as a dirty trickster on the edges of mainstream politics. He has been charged with lying to Congress and trying to tamper with a witness during a congressional investigation into interference in the 2016 election. His trial offers the possibility of fresh insights into the strange quest by some in Trump’s orbit for a kind of political kryptonite to use against Hillary Clinton – secret emails that would, they hoped, destroy her candidacy.

Advocacy Groups Fear Impact of Twitter Political Ad Ban
The Hill – Alex Gangitano | Published: 11/1/2019

Advocacy groups and trade associations are worried that Twitter’s decision to ban all political advertisements could hurt their efforts to use digital marketing to promote their issues. One source told The Hill the Twitter announcement sent “shock waves” through public affairs professionals in Washington, D.C. While Twitter is still working to finalize its rules, the changes are likely to force those groups to rework how they speak to elected officials, stakeholders, and the public through social media. There are still many questions about the scope of Twitter’s ban. Some asked how Twitter will deal with companies who are politically active.

As Trump Moves to Bully Witnesses and Derail Impeachment, Democrats See Obstruction
Anchorage Daily News – Phillip Rucker, Rachael Bade, and Roisalind Helderman (Washington Post) | Published: 11/1/2019

The centerpiece of House Democrats’ eventual impeachment charges is widely expected to be President Trump’s alleged abuse of power over Ukraine. But obstruction of Congress is now all but certain to be introduced as well, just as it was five decades ago when the House Judiciary Committee voted for articles of impeachment against then-President Richard Nixon. Democrats argue the Trump administration’s stonewalling –including trying to stop subpoenaed witnesses from testifying and blocking the executive branch from turning over documents – creates a strong case the president has infringed on the separation of powers and undercut lawmakers’ oversight duties as laid out in the Constitution.

Giuliani: I never lobbied or represented foreigners
Roll Call – Kate Ackley | Published: 10/31/2019

Rudolph Giuliani, who spent more than a dozen years with two well-known K Street firms, has deep ties to the influence industry. The former New York mayor logged a decade with the law and lobbying firm then known as Bracewell & Giuliani and a two-year stint after that with Greenberg Traurig. Giuliani never registered to lobby and has never disclosed work as a foreign agent, though it is his international portfolio that has generated attention from federal prosecutors. Though Bracewell appears not to have registered to do foreign influence work, Giuliani’s name appears in Foreign Agent Registration Act filings during his time there.

Higher Earning ‘Elite’ Political Lobbyists Overstate Their Own Achievements, Study Shows
Phys.org – University of Exeter | Published: 11/6/2019

Research from the University of Exeter in the United Kingdom shows high-earning lobbyists living in Washington, D.C. with congressional experience, and who engage in a broader range of activities, were more likely than other lobbyists to inflate their success. Lobbyists who have a smaller salary and work in specialist areas or for public interest groups are less overconfident, or even underestimate their success. Researchers said this suggests overconfidence can help lobbyists make connections with important people but does not necessarily lead to them being able to influence policies. The research examined whether a lobbyist’s perception of their own success was accurate, compared to legislative outcomes, and if their measure of their own success was in line with other lobbyists who worked on the same issues.

Inside Adam Schiff’s Impeachment Game Plan
MSN – Adam Zengerle (New York Times) | Published: 11/5/2019

After Speaker Nancy Pelosi announced the House was moving forward with an “official impeachment inquiry,” she said U.S. Rep. Adam Schiff would be leading the investigation. Schiff’s initial reluctance to pursue impeachment, paradoxically, has made him a particularly effective advocate for it in the past month. In his interviews and news conferences, he strikes a more-in-sorrow-than-in-anger tone, in keeping with Pelosi’s interest in presenting impeachment as a “prayerful, solemn, difficult” process. Schiff has come to occupy a unique and privileged place in the Democratic firmament. His Ukraine investigation has now been invested with all the hopes and dreams that Democrats once placed in the special prosecutor Robert Mueller’s Russia probe. In Schiff, Democrats believe they have found a more reliable vessel than Mueller and an opportunity for a do-over of sorts.

K Street’s Newest Star Built Business on Dubious Claims of Trump Ties
Laredo Morning Times – Beth Reinhard and Jonathan O’Connell (Washington Post) | Published: 11/1/2019

Since President Trump took office, the lobbyist Michael Esposito has been wildly successful, turning a family business that once focused on municipal transportation issues into one of the fastest-growing lobbying firms in Washington, D.C. Fueling that rise, at least in part, are Esposito’s claims that he is uniquely positioned: a former Capitol Hill staffer who is close to centers of power in the Trump administration. Some of those very people, however, said Esposito’s claims are greatly embellished, or simply not true. Esposito, whose firm says it employs a half-dozen other lobbyists, some of whom have White House and congressional experience, said his clients had scrutinized his record and would have detected any falsehoods.

Lobbyists’ Revolving Door Leads Back to Capitol Hill Jobs
Bloomberg Government – Megan Wilson | Published: 11/5/2019

More than 100 staff members traded in jobs with high-paying K Street firms, corporations, trade associations, or nonprofits for long hours on Capitol Hill beset by partisan brawls and legislative gridlock. Nearly 60 percent of the 110 people who have moved to the Hill from the influence industry since the midterm election went to work for House Democrats, a likely result of the flurry of new jobs available after the party regained control of the chamber. Republican offices in both the House and Senate hired 31 ex-lobbyists, or 28 percent of the total number who moved over. Some say they are doing it out of a desire to be in public service or because they have a longtime loyalty to their congressional bosses. Congress has made no conflict-of-interest rules limiting the interactions of lobbyists returning to Capitol Hill.

Sondland Updates Impeachment Testimony, Describing Ukraine Quid Pro Quo
MSN – Michael Schmidt (New York Times) | Published: 11/5/2019

A critical witness in the impeachment inquiry offered Congress substantial new testimony, revealing he told a top Ukrainian official that the country likely would not receive American military aid unless it publicly committed to investigations President Trump wanted. The disclosure from Gordon Sondland, the U.S. ambassador to the European Union, in four new pages of sworn testimony, confirmed his involvement in laying out a quid pro quo to Ukraine that he had previously not acknowledged. The issue is at the heart of the impeachment investigation into Trump, which turns on the allegation the president abused his power to extract political favors from a foreign power. Trump has consistently maintained that he did nothing wrong and that there was no quid pro quo with Ukraine.

The Hottest Stop for Candidates on the 2020 Campaign Trail? The Picket Line.
Washington Post – Eli Rosenberg | Published: 11/2/2019

The road to the presidential nomination next year is sure to be full of unforeseen twists and potholes as a crowded field of Democratic contenders dukes it out in a volatile political climate. But about a year into their race, one thing is clear: It leads through a thicket of striking workers, in a number of states, whether they are in front of a grocery store, an automotive factory, or an elementary school. This push comes as they try to dislodge some of the support President Trump has found in states that have lost tens of thousands of union jobs in recent years, including Wisconsin, Michigan, and Pennsylvania. Political observers said the rush by 2020 hopefuls to embrace striking workers marks a new chapter, although unions have been nominally aligned with Democratic politicians on and off for years.

The Messy Politics of Voter Purges
Pew Charitable Trusts – Matt Vasilogambros (Stateline) | Published: 10/25/2019

With a year until the 2020 presidential election, many states are still crafting ballot access policies that will shape their electorate. Decisions about voter list maintenance, one of the most essential bureaucratic duties of state election officials, received intense scrutiny in several states this year. While federal law mandates a certain level of voter roll maintenance, states differ on how they manage their registration databases. Most state officials are just trying to keep voter lists clean, said David Becker, executive director and founder of the Center for Election Innovation and Research. Inevitably, however, dropping voters from the rolls inspires forceful political pushback, as many voting rights activists fear it is a form of voter suppression.

Trump Lures GOP Senators on Impeachment with Cold Cash
Politico – Alex Isenstadt | Published: 10/31/2019

President Trump is rewarding senators who have his back on impeachment and sending a message to those who do not to get on board.  Trump is tapping his vast fundraising network for a handful of loyal senators facing tough reelection bids in 2020. Each of them has signed onto a Republican-backed resolution condemning the inquiry as “unprecedented and undemocratic.” Republican senators on the ballot next year are lagging in fundraising, stoking uncertainty about the GOP’s hold on the chamber, and could use the fundraising might of the president. Trump’s political operation has raked in over $300 million this year.

Trump Wanted Barr to Hold News Conference Saying the President Broke No Laws in Call with Ukrainian Leader
MSN – Matt Zapotosky, Josh Dawsey, and Carol Leonnig (Washington Post) | Published: 11/6/2019

President Trump wanted Attorney General William Barr to hold a news conference declaring that the president had broken no laws during a phone call in which he pressed his Ukrainian counterpart to investigate a political rival, though Barr ultimately declined to do so, people familiar with the matter said. The request from Trump traveled from him to other White House officials and eventually to the Justice Department. The president has mentioned Barr’s demurral to associates in recent weeks, saying he wished Barr would have held the news conference, Trump advisers say. Those close to the administration concede the department has made several recent maneuvers putting it at odds with the White House at a particularly precarious time for Trump.

Canada

Canada – Alberta Businessman, Company Fined $25,000 Over Donations to Jeff Callaway Campaign
Globe and Mail – James Keller | Published: 11/4/2019

Alberta’s election commissioner fined a Calgary businessperson and a company he controls over allegations they illegally gave $60,000 to a failed contender for the leadership of the provincial United Conservative Party (UCP), who then used that money to reimburse straw donors to his campaign. Robyn Lore and Agropyron Enterprises were fined a combined total of $25,000 for their involvement in Jeff Callaway’s UCP leadership campaign in 2017. The elections commissioner has issued more than $200,000 in fines, including to many of Callaway’s donors and several members of his staff as part of an investigation into how the campaign was financed.

Canada – ‘Deep State’ Lobbying a Growing Tactic of Fossil Fuel Industry, Report Finds
The Narwhal – Sharon Riley | Published: 11/5/2019

Since Canadian Prime Minister Justin Trudeau’s took office in 2015, lobbyists in Ottawa have focused more attention on the nation’s bureaucrats, rather than elected office holders, representing what one researcher is calling a troubling “fusion of private interest and public bodies.” A new report from the Corporate Mapping Project documents the reach of the fossil fuel industry when it comes to lobbying the federal government, raising red flags about what it calls a “troubling shift in lobbying patterns.” The report’s findings suggest industry lobbyists are increasingly focusing on developing closer, long-term relationships with federal bureaucrats rather than elected officials.

From the States and Municipalities

Alaska – Anchorage Judge Orders Alaska Campaign Contribution Limit to Be Reinstated
KTUU – Sean Maguire | Published: 11/6/2019

A Superior Court judge in Anchorage issued a ruling that may hobble the independent expenditure groups that have come to dominate elections in Alaska. Judge William Morse said the Alaska Public Office Commission (APOC) should reinstate the $500 annual per-person contribution limit to PACs that is in state law. APOC stopped enforcing it following the U.S. Supreme Court decision in the case of Citizens United v. Federal Election Commission. Harrow says APOC went too far in its interpretation.

Arkansas – Indictment Says Couple Bought Legislation Tweaks
Arkansas Democrat Gazette – Eric Besson | Published: 11/7/2019

Former executives of the nonprofit at the heart of a sweeping federal political corruption probe in Arkansas face new wire-fraud charges after a federal grand jury produced a fresh allegation involving former state Sen. Jeremy Hutchinson. He pleaded guilty to accepting bribes in connection to payments made by a nonprofit run by the married couple, Bontiea and Tom Goss. The new indictment says Hutchinson added language, at Bontiea Goss’ request, to a Senate bill he sponsored. The language, which remained when the bill became law, helped the Gosses’ nonprofit “because it provided an advantage to the charity when competing for valuable [Arkansas] contracts,” the indictment says. The aim was to help the firm win approval to create a “pay-for-success program.”

California – Donations to Anderson’s 2020 County Supervisor Campaign Draw Questions
San Diego Union-Tribune – Jeff McDonald | Published: 11/4/2019

Ten years ago, when he was a California Assembly member, Joel Anderson was the subject of an investigation into questionable campaign contributions that ended with election regulators fining him $20,000 and the legislator admitting he made a mistake. Now running for a seat on the San Diego County Board of Supervisors, Anderson is under a new investigation involving more recent contributions by some of the same donors from a decade ago. Anderson set up two different campaign committees for the 2020 race, the first nearly five years ago and the second in April 2016. Campaign records show the two committees accepted contributions from at least 11 people who, when their donations are combined, exceeded the county limit of $850 per individual contribution for primary and general elections.

California – SF Voters Pass Prop. F, the ‘Sunlight on Dark Money’ Measure
San Francisco Chronicle – Trisha Thandani | Published: 11/5/2019

A San Francisco ballot measure intended to increase the transparency of who pays for campaign ads won easily on November 5. The passage of Proposition F, called “Sunlight on Dark Money,” means campaigns will be forced to more prominently disclose who donates money to a cause. Proposition F is targeted at independent PACs, which can raise an unlimited amount of money from corporations, unions, and individuals. Those committees can then donate to individual candidate committees, which makes it less obvious who is behind the contributions.

California – Travel, Furniture, ‘Lavish’ Meals: Nonprofit head misspent $1.7 million, filing alleges
Los Angeles Times – David Zahniser | Published: 11/6/2019

The former head of the Los Angeles-based anti-poverty nonprofit Youth Policy Institute improperly used the organization’s funds to pay the property taxes on his house, buy furniture for his home office, and make national political donations, the group alleged in court documents. Dixon Slingerland, who was fired as the group’s chief executive in September, spent the nonprofit’s money on an array of unauthorized and personal expenses, including private tutoring for his children, contributions to his wife’s pension, and “lavish” dining, travel, and entertainment, according to a bankruptcy filing lodged by the nonprofit.

Florida – A Library Wanted a New York Times Subscription. Officials Refused, Citing Trump and ‘Fake News.’
MSN – Antonia Noori Farzan (Washington Post) | Published: 11/5/2019

The board of commissioners in Citrus County, Florida, said it will no longer pay for the county library’s digital subscription to The New York Times, with one commissioner citing President Trump’s claim that the newspaper’s reporting was “fake news” as justifying the decision. On the same day the commissioners met, the White House said it was planning to order that federal agencies end their subscriptions to The Times and the Washington Post, two news outlets often criticized by Trump. “Someone’s personal political view does not have a place in deciding what library resources are available for the entire county,” said Sandy Price, chairperson of the library’s board. “Libraries have to ensure all points of view are represented.”

Georgia – DeKalb County Voters Reject Ballot Referendum to Restructure Ethics Board
Emory Wheel – Ninad Kulkarni | Published: 11/6/2019

A ballot referendum to restructure the DeKalb County Ethics Board failed to pass. The referendum proposed the establishment of a new ethics board for the county and replaced the position of ethics officer with an “ethics administrator.” DeKalb County legislators can vote on a new bill in the 2020 legislative session to address the ethics board. County residents in 2015 voted to make the ethics board more independent and to allow outside groups to appoint a majority of the board members, according to The Atlanta Journal-Constitution. The ethics board had not been functional since a 2018 Georgia Supreme Court ruling mandated that a majority of the members must be appointed by public officials.

Illinois – Pritzker Promises Lobbying Reforms as ‘Small Start’ to End Corrupt ‘Old Way of Doing Politics’
Chicago Sun-Times – Staff | Published: 11/6/2019

Vowing to help lift the cloud of “pay-to-play” politics over Illinois, Gov. J.B. Pritzker told Cook County Democrats he plans to help craft legislation that would shed more light on lobbyists as the first in “a series of ethics reforms that are frankly long overdue.” Expressing his anger over corruption has become a recurring theme for the governor as a sprawling federal investigation ensnares state legislators, Chicago aldermen, and county officials. After general vows to help “root” out illegal activity, Pritzker pledged to take the first step in the upcoming fall veto session.

Illinois – Rep. Luis Arroyo Resigns After Being Charged with Bribery
Chicago Tribune – Dan Petrella and Jamie Munks | Published: 11/1/2019

State Rep. Luis Arroyo resigned from the Illinois House, one week after being arrested on a federal bribery charge. His resignation came hours before a legislative committee was set to meet to consider his ouster. Arroyo is accused of paying a bribe to a state senator in exchange for support of a gambling bill that would have benefited a lobbying client of Arroyo’s. His arrest followed a federal raid on the Capitol office of Sen. Martin Sandoval in September and the indictment of Sen. Thomas Cullerton in August on embezzlement charges in connection with an alleged union ghost payrolling scheme.

Kansas – Fight Over $70M Kansas Prison Health Care Contract Turns Bitter Amid Ethics Concerns
Wichita Eagle – Jonathan Shorman | Published: 11/5/2019

The Tennessee company criticized for providing substandard medical care to Kansas’s 10,000 prison inmates now finds itself at the center of fresh controversy over the future of its $70 million-plus annual contract. Corizon Health alleges the Kansas Department of Corrections put the massive prison health care contract up for bid in a way that eases the path for a competitor who employs the former head of the corrections system. At the same time, a top official in Gov. Laura Kelly’s administration said a Corizon executive made political threats against the current leader of the Department of Corrections over the contract.

Kentucky – Kentucky Outcome Embarrasses Trump and Worries Many Republicans Ahead of 2020
MSN – Robert Costa (Washington Post) | Published: 11/6/2019

Democrats’ claim of victory in Kentucky’s gubernatorial race, as well as the Democratic takeover of the Virginia Legislature, left Republicans stumbling and increasingly uncertain about their own political fates next year tied to an embattled and unpopular president. Many allies of President Trump rushed to explain away the poor performance of incumbent Kentucky Gov. Matt Bevin as an anomaly, while other GOP veterans expressed alarm about the party’s failure in a state where Trump won by nearly 30 percentage points in 2016. Bevin’s attempt to nationalize his cause by stoking conservative grievances about the impeachment process was not enough to overcome his problems nor was Trump’s raucous rally for the governor, raising questions about Trump’s political strength as he faces a barrage of challenges and a difficult path to reelection.

Maine – Vacancy on State Ethics Panel Poses Election-Year Risks
Portland Press Herald – Scott Thistle | Published: 11/3/2019

Leaders of the Maine Legislature have yet to fill a seat that opened on the state ethics board 19 months ago, leaving the public’s only watchdog for campaign finance accountability in a weakened state as candidates begin collecting cash for the next election. Only five people serve on the Maine Commission on Governmental Ethics and Election Practices, and by law no more than two members can belong to the same political party. As a result, one of the seats is usually held by an independent. The last independent commissioner stepped down in March 2018, leaving decisions in the hands of four commissioners who must set aside party loyalties – and who face no prohibition on making political donations themselves.

Missouri – Federal Appeals Court Says Missouri Lobbying Rules Don’t Apply to Activist
St. Louis Post-Dispatch – Erin Heffernan | Published: 11/3/2019

The Eighth U.S. Circuit Court of Appeals ruled that requiring Ron Calzone to sign up as a lobbyist in Missouri unjustly limits his First Amendment rights because he is not paid to press his views with members of the state Legislature and offers them nothing of value. The ruling overturned a decision by a three-judge panel of the same court. That panel had declared the Missouri Ethics Commission could require Calzone to register in the name of transparency and preventing corruption. Calzone, the president and sole officer of the nonprofit Missouri First organization, frequently speaks to lawmakers at the Capitol, often at public hearings. But he says he does not buy food or gifts for legislators.

Nevada – Group Seeks to End Gerrymandering with Independent Commission
Las Vega Review-Journal – Colton Lochhead | Published: 11/4/2019

A group looking to end partisan gerrymandering in Nevada is taking the issue to the voters in hopes of creating a bipartisan independent commission to draw political boundaries in the state instead of lawmakers. The League of Women Voters Nevada is expected to file a constitutional amendment with the secretary of state that, if approved by voters in 2020 and again in 2022, would create a commission that would have the sole authority to draw state legislative and congressional boundaries. According to the description of the proposal, the commission would ensure that districts have roughly equal populations, are “geographically compact and contiguous,” provide equal opportunities for minorities to participate in the process, and do not give an unwarranted advantage to one political party.

New York – Council Approves Fine, Suspension and Monitor for Andy King
Politico – Joe Anuta | Published: 10/28/2019

The New York City Council voted to level the most severe punishment in the panel’s history against Andy King, who was found by investigators to have misused council resources and then retaliated against staff members who he thought were cooperating with the ensuing probe. King’s colleagues voted to suspend him for 30 days, install a monitor for the remainder of his term, fine him $15,000, and strip him of his committee assignments. In addition, staffers who were pressured by King to leave would be allowed to return to work, employees would not be required to chauffeur King around in their personal vehicles without compensation, and King’s wife, an employee of the Service Employees International Union, would be prohibited from conducting council business.

New York – Trump Taxes: Appeals court rules president must turn over 8 years of tax returns
MSN – Benjamin Weiser (New York Times) | Published: 11/4/2019

A federal appeals court ruled President Trump cannot block the Manhattan district attorney’s office from subpoenaing his accounting firm for tax returns and financial records, delivering a blow to the president’s claim that he is immune to criminal investigations. But the court noted they were not ruling on all of the sweeping assertions of immunity the president’s lawyers have claimed. During a hearing before the panel, Trump’s personal lawyer had argued that a sitting president enjoys blanket immunity from criminal prosecution and even investigations while in office. The president’s legal team has already made clear that they intend to bring their case to the U.S. Supreme Court.

North Carolina – Is Dan Forest Owed $80,000 in Damages Over a 2012 Political Ad?
Raleigh News and Observer – Will Doran | Published: 11/4/2019

A group that lobbies for state employees could have to pay North Carolina Lt. Gov. Dan Forest nearly $80,000 because of a campaign finance violation from 2012. The North Carolina Supreme Court heard arguments on both sides of that debate recently, years after Forest’s political committee first sued the political arm of the State Employees Association of North Carolina, which is known as EMPAC, The dispute involves political ads and a since-repealed state law that said political ads had to include a large photograph of either the treasurer or chief executive of the group paying for it. Forest claims he is owed $78,000 in damages, even though he won the 2012 election and went on to serve two terms as lieutenant governor. EMPAC says even if there were technical violations in the ads, it should not have to pay Forest any money because he cannot prove he was harmed.

North Carolina – Senate Leader Using Campaign Cash to Buy Raleigh Home
WRAL – Travis Fain | Published: 11/6/2019

Senate Majority Leader Phil Berger’s campaign is buying him a home in Raleigh, and the State Board of Elections told him that is allowed under North Carolina’s campaign finance law. Berger’s campaign has paid at least $55,000 to a company he created called YPD Properties LLC. YPD is a property management company, and it appears to be a pass-through entity for campaign rent payments that ultimately pay the mortgage for a townhome that Berger and his wife bought in May of 2016. Watchdog Bob Hall filed a formal complaint with the elections board, which enforces campaign finance rules. While others use campaign money to rent apartments or pay hotel bills, Hall said this is different because Berger’s buying an appreciating asset.

Tennessee – Judge Orders State Officials to Reduce Jeremy Durham’s Record-Setting Campaign Finance Penalty to $110,000
The Tennessean – Joel Ebert | Published: 11/4/2019

Administrative Law Judge Steve Darnell said former state Rep. Jeremy Durham’s fine of $465,000 for violating Tennessee’s campaign finance law should be reduced to $110,000. The initial fine was the single-largest civil penalty ever assessed by the Registry of Election Finance. Darnell wrote that the Legislature did not “give the registry an unbridled right to dole out civil penalties.” The judge pointed to legal precedent while saying prohibitions on excess civil penalties are covered by the U.S. Constitution. The ruling could further undermine the statute, giving lawmakers, many of whom spend donors’ money in in questionable ways, even more latitude.

Tennessee – State Sen. Brian Kelsey Faces Federal Probe Over Complicated Trail of Campaign Donations, Current and Former Lawmakers Say
The Tennessean – Joel Ebert and Adam Tamburin | Published: 11/5/2019

Tennessee Sen. Brian Kelsey is the subject of a grand jury probe into a complicated money trail related to his failed congressional bid in 2016. The investigation comes more than two years after The Tennessean reported unusual interactions between Kelsey’s state campaign account, a private Nashville club with a PAC, a federal advocacy organization, and the senator’s congressional bid. In a Campaign Legal Center complaint, the group accused Kelsey of violating straw donor prohibitions by purportedly orchestrating the money trail from his state campaign account to the American Conservative Union. He may have also violated straw donor laws when he gave campaign contributions to lawmakers who provided donations to his federal campaign.

Texas – Texas House Speaker Dennis Bonnen Won’t Face Criminal Prosecution, Brazoria County DA Says
Texas Tribune – Cassandra Pollock | Published: 10/24/2019

Texas House Speaker Dennis Bonnen will not be criminally prosecuted for the things he said during a secretly recorded meeting with a hardline conservative activist, the district attorney in his hometown announced. Bonnen has said he will not seek reelection after activist Michael Quinn Sullivan secretly recorded a meeting with Bonnen in June. In the meeting, Bonnen and a top lieutenant asked Sullivan’s group, Empower Texans, to target a list of 10 House Republicans in the upcoming primary elections, and said he could get Empower Texans media access to the House floor. Bonnen also made a handful of disparaging comments about House Democrats and local leaders.

Virginia – Democrats Flip Virginia Senate and House, Taking Control of State Government for the First Time in a Generation
Washington Post – Gregory Schneider and Laura Vozzella | Published: 11/6/2019

Democrats gained control of both houses of the Virginia General Assembly, tapping strength in the suburbs to consolidate power for the first time in a generation and deliver a rebuke to President Trump. Officials reported unusually high turnout in an election that served as an opening salvo in next year’s presidential showdown, a test of Democratic defiance and Republican resolve in the era of Trump. The sweep completed a dramatic political conversion, from red to blue, of a Southern state on Washington, D.C.’s doorstep.

Virginia – Virginia Cyclist Who Flipped Off Trump Wins Loudoun County Seat Representing His Golf Club
Danbury News Times – Paul Schwartzman (Washington Post) | Published: 11/5/2019

Juli Briskman, the cyclist who was photographed giving President Donald Trump the finger two years ago and found herself without a job and at the center of a national uproar, got a new job on November 5, winning a seat on the Loudoun County Board of Supervisors, ousting a Republican in the process. Briskman raised her middle finger as she rode a bicycle alongside the presidential motorcade as Trump departed his golf club in Sterling, Virginia. Briskman said she was intent on basing her campaign on issues and not the incident involving her finger. But she acknowledged her notoriety helped her raise $150,000 for the race.

Washington – Washington High Court Probes Food Industry’s Speech Rights
Capital Press – Don Jenkins | Published: 10/22/2019

A Washington Supreme Court hearing on a record $18 million fine against the food industry touched on boycotts, death threats, and whether companies have the same free-speech protection as civil rights workers. The Grocery Manufacturers Association (GMA) faces the penalty for failing to timely report the names of the companies that contributed $11 million in 2013 to defeat a GMO-labeling initiative. An appeals court upheld the conviction, but found the violations were not intentional and slashed the penalty to $6 million, still by far the largest fine ever in the U.S. for a campaign violation. At the heart of GMA’s case to overturn the fine is whether companies and executives faced retaliation by engaging in political speech. After a tough initiative battle in California in 2012, the GMA set up a separate account to take in money from members. The group then contributed $11 million under its name to the “no” campaign.

Washington DC – D.C. Lawmaker Jack Evans Used Office to Benefit Private Clients, Probe Finds
Washington Post – Fenit Nirappil | Published: 11/4/2019

District of Columbia Councilperson Jack Evans repeatedly used his office on behalf of private clients who paid him hundreds of thousands of dollars, failing to recognize the conflicts and never properly disclosing the payments, according to an investigation by a law firm hired by the council. The confidential report identified 11 instances since 2014 in which Evans violated the council’s rules governing ethics. It marks the first time the council has detailed ethical lapses by Evans, the city’s longest-serving lawmaker. His business interests and his public actions have been the target of a federal investigation, as well as a probe by the Washington Metropolitan Area Transit Authority.

Former Rep. Luis Arroyo resigned from House District 3 on November 1 after facing a federal bribery charge.

Prosecutors said Arroyo allegedly paid a bribe to a state senator in exchange for support of a gambling bill which would have benefited one of Arroyo’s clients.

The state constitution requires the seat to be filled by appointment within 30 days of the vacancy.

On Election Day, voters approved Ballot Question 3, Ethics and Governance.

The proposal amends the city charter by extending the post-employment appearance ban for elected officials and senior appointed officials.

Additionally, the proposal limits political activity and donations by members of the Conflicts of Interest Board (COIB).

City elected officials and senior appointed officials will be prohibited from appearing before the agency or branch of government they served in after leaving service for two years. The current rule is one year.

The amendment would also prohibit members of the COIB from participating in campaigns for local elected office.

Furthermore, the amendment reduces the maximum amount members can contribute in each election cycle.

The post-employment ban would become effective January 1, 2022.

Campaign Finance

California: “Donations to Anderson’s 2020 County Supervisor Campaign Draw Questions” by Jeff McDonald for San Diego Union-Tribune

Tennessee: “State Sen. Brian Kelsey Faces Federal Probe Over Complicated Trail of Campaign Donations, Current and Former Lawmakers Say” by Joel Ebert and Adam Tamburin for The Tennessean

Ethics

National: “Inside Adam Schiff’s Impeachment Game Plan” by Adam Zengerle (New York Times) for MSN

National: “Sondland Updates Impeachment Testimony, Describing Ukraine Quid Pro Quo” by Michael Schmidt (New York Times) for MSN

New York: “Council Approves Fine, Suspension and Monitor for Andy King” by Joe Anuta for Politico

Washington DC: “D.C. Lawmaker Jack Evans Used Office to Benefit Private Clients, Probe Finds” by Fenit Nirappil for Washington Post

Lobbying

National: “Lobbyists’ Revolving Door Leads Back to Capitol Hill Jobs” by Megan Wilson for Bloomberg Government

Redistricting

Nevada: “Group Seeks to End Gerrymandering with Independent Commission” by Colton Lochhead for Las Vega Review-Journal

A law requiring a person designated by a nonprofit organization to register as a lobbyist for attempting to influence legislative activities was ruled unconstitutional on November 1.

The U.S. Court of Appeals for the Eight Circuit in Calzone v. Summers held the state cannot require a person who engages in political activities that do not involve the transfer of money or anything of value to register as a lobbyist.

The court reasoned that people who neither spend nor receive money in connection with their advocacy do not lose their First Amendment right to petition the government for a redress of grievances simply by speaking through an organization that shares their perspective.

The Missouri Ethics Commission may choose to appeal to the United States Supreme Court, which has not heard a lobbyist registration case since 1954.

The annual lobbyist harassment prevention training in Maine for 2020 is now available.

December training will be held in State House Room 127 Taxation in Augusta.

Training in January, February, and March will be held at the State House Complex.

The locations for the training will be emailed the week prior to the event.

Free registration is available at: https://www.eventbrite.com/e/harassment-prevention-training-for-lobbyists-tickets-63813406617.

Campaign Finance

North Carolina: “Is Dan Forest Owed $80,000 in Damages Over a 2012 Political Ad?” by Will Doran for Raleigh News and Observer

Tennessee: “Judge Orders State Officials to Reduce Jeremy Durham’s Record-Setting Campaign Finance Penalty to $110,000” by Joel Ebert for The Tennessean

Ethics

National: “A Conspiracy of Hunches: Roger Stone trial set to start this week” by Devlin Barrett, Spencer Hsu, and Manuel Roig-Franzia (Washington Post) for San Francisco Chronicle

Maine: “Vacancy on State Ethics Panel Poses Election-Year Risks” by Scott Thistle for Portland Press Herald

New York: “Trump Taxes: Appeals court rules president must turn over 8 years of tax returns” by Benjamin Weiser (New York Times) for MSN

Texas: “Texas House Speaker Dennis Bonnen Won’t Face Criminal Prosecution, Brazoria County DA Says” by Cassandra Pollock for Texas Tribune

Lobbying

National: “Advocacy Groups Fear Impact of Twitter Political Ad Ban” by Alex Gangitano for The Hill

Missouri: “Federal Appeals Court Says Missouri Lobbying Rules Don’t Apply to Activist” by Erin Heffernan for St. Louis Post-Dispatch

Campaign Finance

National: “Trump Lures GOP Senators on Impeachment with Cold Cash” by Alex Isenstadt for Politico

Washington: “Washington High Court Probes Food Industry’s Speech Rights” by Don Jenkins for Capital Press

Elections

National: “The Messy Politics of Voter Purges” by Matt Vasilogambros (Stateline) for Pew Charitable Trusts

National: “The Hottest Stop for Candidates on the 2020 Campaign Trail? The Picket Line.” by Eli Rosenberg for Washington Post

Ethics

National: “As Trump Moves to Bully Witnesses and Derail Impeachment, Democrats See Obstruction” by Phillip Rucker, Rachael Bade, and Roisalind Helderman (Washington Post) for Anchorage Daily News

Illinois: “Rep. Luis Arroyo Resigns After Being Charged with Bribery” by Dan Petrella and Jamie Munks for Chicago Tribune

Lobbying

National: “Giuliani: I never lobbied or represented foreigners” by Kate Ackley for Roll Call

National: “K Street’s Newest Star Built Business on Dubious Claims of Trump Ties” by Beth Reinhard and Jonathan O’Connell for Washington Post