May 18, 2020 •
South Carolina Legislature Recesses Until September
On May 12, the South Carolina Legislature met to approve a resolution allowing the state to continue to spend money until the budget can be addressed later this year. In addition to the budget and any potential legislation regarding the […]
On May 12, the South Carolina Legislature met to approve a resolution allowing the state to continue to spend money until the budget can be addressed later this year.
In addition to the budget and any potential legislation regarding the COVID-19 pandemic, the Legislature may take up any legislation that has passed either the House or the Senate during the fall session.
As of May 14, the Legislature stands recessed until September 15
May 8, 2020 •
Chicago Mayor Proposes Amendment to Lobbying Ordinance
At the request of the Executive Director of the Board of Ethics, Mayor Lori Lightfoot, at the last City Council meeting, proposed an amendment to the lobbying ordinance passed late last year. Lightfoot’s proposed Ordinance 2020-2328 would amend Chapter 2-156 […]
At the request of the Executive Director of the Board of Ethics, Mayor Lori Lightfoot, at the last City Council meeting, proposed an amendment to the lobbying ordinance passed late last year.
Lightfoot’s proposed Ordinance 2020-2328 would amend Chapter 2-156 of the Municipal Code regarding lobbying to allow elected officials from outside Chicago to lobby the City Council, the mayor’s office and other city government offices, as long as the public body they represent doesn’t have pending or recurring legislative or contractual matters involving the city of Chicago.
If passed the ordinance would become effective immediately.
May 8, 2020 •
News You Can Use Digest – May 8, 2020
National/Federal Both Parties Wonder: How much do conventions even matter anymore? MSN – Adam Nagourney and Matt Flegenheimer (New York Times) | Published: 5/4/2020 This year, political conventions may join the list of crowded events like concerts and baseball games forced […]
National/Federal
Both Parties Wonder: How much do conventions even matter anymore?
MSN – Adam Nagourney and Matt Flegenheimer (New York Times) | Published: 5/4/2020
This year, political conventions may join the list of crowded events like concerts and baseball games forced off the stage because of the coronavirus. And it may not matter. Some Democratic leaders are discussing replacing their convention with a virtual gathering, and some Republicans are unsure about holding the big spectacle that President Trump wants. Yet even before the pandemic, a more fundamental debate was playing out: has the American political convention become a ritual holdover from another age? For all the organizing, money, time, and energy poured into an extravaganza of parties, speeches, lobbying, and networking, there is an argument they have become among the less consequential events on the political calendar.
Cash-Starved Candidates Trade Swanky Cocktail Hours for $5K Zoom Meetings
Politico – Elena Schneider and Theodoric Meyer | Published: 5/1/2020
Online fundraising events show that even with coronavirus bearing down, the money machine of electoral politics is still cranking, albeit at a distinctly lower gear and in dramatically different form. Candidates are having to adapt in real time to not only the stilted nature of online interaction but to the sensitivity of asking for money in the midst of a nosediving economy. Recreating the intimacy of big-money events is not easy, but consultants are testing strategies to come as close as they can. Many corporate PACs have preset budgets for donations to lawmakers. The venues where the money gets doled out is less important than ensuring it gets in the right hands.
Joe Biden Denies He Sexually Assaulted a Former Senate Aide, Calls on National Archives to Release Complaint If One Exists
Stamford Advocate – Matt Viser, Annie Linskey, and Sean Sullivan (Washington Post) | Published: 5/1/2020
Presumptive Democratic nominee Joe Biden denied he sexually assaulted a former Senate aide, delivering his first public comments about an allegation that has prompted a collision between the presidential race and the #MeToo movement and forced a difficult reckoning in a party determined to unseat President Trump in November. The allegation has pushed the topic of sexual assault to the forefront of the campaign after a primary cycle that featured a field with multiple female candidates and Biden’s pledge to name a woman as his running mate. Though Biden has prided himself on a long record of promoting women, his campaign also has been marked by struggles as the longtime politician has tried to keep up with cultural shifts reflected within his party.
K Street Requests Taxpayer Bailout of Corporate Lobbyists
The Intercept – Lee Fang | Published: 5/5/2020
K Street may soon have its own taxpayer-funded bailout. Industries as varied as oil refining, construction, fast food restaurants, and chemical manufacturing are seeking federal cash to support their lobbyists in Washington, D.C. Many of the largest lobbying forces are organized under the 501(c)(6) section of the tax code as trade groups. Corporations with similar concerns pool their money together to fund trade groups, which in turn employ thousands of lobbyists to shape elections and legislation. But the Paycheck Protection Program, the centerpiece of the small business rescue program, excluded such organizations. That could change in the next round of stimulus legislation, which Congress is scheduled to debate later this month.
Knock, Knock, Who’s There? No Political Canvassers, for the First Time Maybe Ever
New York Times – Shane Goldmacher | Published: 5/7/2020
For decades, showing up on a voter’s doorstep has been one of the most reliable ways to get people to the polls. Now political parties and candidates that put tens of millions of dollars into training and deploying door knockers are grappling with costly, consequential, and imminent decisions about whether they should even invest in traditional brick-and-mortar infrastructure that powers such operations. In the fall of 2020, volunteers might have to knock on a door and then sprint 10 feet away, making a pitch from a safe social distance. That is one tactic some strategists have floated as they consider a pandemic-safe update to the humble door knock.
Lawmakers Made Hundreds of Stock Transactions During Pandemic, Watchdog Finds
Politico – Alice Miranda Ollstein | Published: 4/29/2020
Republican and Democratic lawmakers have bought and sold stocks hundreds of times throughout the coronavirus pandemic, some of them lucrative moves to invest in industries buoyed by the crisis and divest from sectors like restaurants and hotels that have tanked. From February 2 to April 8 of this year, the Campaign Legal Center found, 12 senators made a combined 127 purchases or sales, while 37 House representatives made at least 1,358 transactions. In most cases, the lawmakers have not been accused of wrongdoing, but the watchdog group says the frequency of such stock trades underscores the need for more transparency and ethics protections, particularly in a time of crisis.
Push to Revive FEC Could Curb Court Action on Campaign Finance
Bloomberg Government – Kenneth Doyle | Published: 5/6/2020
Advocates of stricter campaign finance law enforcement fear a Senate Republican push to restore a quorum on the FEC could thwart their ability to pursue alleged violations in court. The Senate Rules and Administration Committee is expected to advance James Trainor to fill a GOP vacancy on the panel. With his confirmation, an equally divided FEC could resume its pattern of deadlocking on enforcement cases, leading to dismissal of alleged violations of disclosure requirements and other campaign finance laws, says a watchdog. FEC staff lawyers would also be able to defend such dismissals in court and prevent alleged violators from being sued, said Adav Noti, chief of staff at the Campaign Legal Center.
Secret Service Paid Trump’s D.C. Hotel More Than $33,000 for Lodging to Guard Mnuchin in ’17
Seattle Times – David Fahrenthold, Joshua Partlow, Josh Dawsey, and Carol Leonnig (Washington Post) | Published: 4/30/2020
The Secret Service rented a room at President Trump’s Washington, D.C. hotel for 137 consecutive nights in 2017, paying Trump’s company more than $33,000, so it could guard Treasury Secretary Steven Mnuchin while he lived in one of the hotel’s luxury suites. The Washington Post has identified dozens of instances where the Secret Service paid money to Trump’s businesses, spending taxpayer dollars, often with little or no disclosure at the time. Often, these payments were triggered by Trump’s own travel to his properties. This case is different because it was set in motion by Mnuchin, one of Trump’s top appointees. In 2017, he chose a living arrangement that produced two revenue streams for Trump’s company. One came from Mnuchin. The other came from taxpayers.
Should News Organizations Take Coronavirus Bailout Loans? While Some Fear a Conflict of Interest, Many Are Desperate for Cash
Greenwich Times – Paul Fahri (Washington Post) | Published: 4/29/2020
As advertising has collapsed, a handful of news organizations have taken the once unthinkable step of turning to the government for a lifeline. Media companies have traditionally resisted any such financial relationship, viewing it as a serious conflict-of-interest: how could they commit to independent and aggressive coverage of a government they are accepting money from? Some news companies that have snagged loans have had no such qualms amid layoffs, furloughs, and pay cuts that have slammed the industry. A coalition of newspaper and television trade groups is even lobbying Congress and President Trump to expand the program to include some of the industry’s biggest players, which have been ineligible for bailout money.
Southern Company’s Lobbying Disclosures Obscure State-Level Information from Investors, Public
Energy and Policy Institute – Daniel Tate | Published: 4/30/2020
Southern Company’s sparse disclosures have enabled lobbying activity that has conflicted with the policy objectives the utility company has espoused to investors and the public. Southern has actively lobbied against environmental regulations and action on climate change at the federal level. The company’s state-level disclosures offer almost no indications of whether its state lobbying follows its federal pattern or aligned with Southern’s stated corporate “low- to no-carbon” goals. Investors have led calls for the company to increase its lobbying disclosures, particularly at the state level, in light of its substantial federal lobbying. Southern has opposed shareholders’ calls for increased transparency.
The Bizarro Tale of a Phantom Super PAC – and Our Sleuthing to Find It
Politico – Zach Montellaro | Published: 5/5/2020
A new super PAC made a splashy entrance onto the U.S. Senate battleground scene recently, reporting millions of dollars in spending backing Democrats in key races. There is just one problem: the ads do not exist. Americans for Progressive Action USA filed reports showing more than $2.5 million in advertising and associated costs. But six ad makers and advertising platforms listed in the filings said they have never heard of the super PAC and have no records of doing business with the group. It is not unheard of for people to make false filings with the FEC. But more than a dozen political operatives and campaign finance watchdogs contacted for this story were baffled why someone would file apparently made-up spending reports.
The ‘New Normal’ Takes Shape on Capitol Hill
The Hill – Scott Wong and Mike Lillis | Published: 5/4/2020
Lawmakers hoping for a return to pre-coronavirus life on Capitol Hill might find themselves waiting awhile. The pandemic has already upended daily routines and legislative calendars during the extended recess, forcing lawmakers to adapt to Zoom hearings and cloistered campaigning. But now Congress’s leading medical authority is warning the upheaval will extend to virtually all facets of life in the Capitol complex, and those changes are likely to last years. For lawmakers and their staffs, that means life when they resume a more regular schedule in Washington will be, in many aspects, almost unrecognizable.
Trump Sparks Fight Over IRS Relief Payments
The Hill – Naomi Jagoda | Published: 5/2/2020
President Trump has sparked concerns about politicizing the IRS by putting his name on the coronavirus relief checks and letters sent to Americans informing them of their payments. The moves are seen as a way for Trump to take credit for the pandemic aid that households are receiving just months before an election where his handling of the outbreak and the economic damage it has caused will play a prominent role. While presidents regularly tout their economic policies, critics say Trump’s actions unnecessarily inject partisanship into a government agency that should be viewed as nonpartisan. They also argue his move could backfire politically.
Virus Whistle-Blower Says Trump Administration Steered Contracts to Cronies
MSN – Sheryl Gay Stolberg (New York Times) | Published: 5/5/2020
A federal scientist who says he was ousted from his job amid a dispute over an unproven coronavirus treatment pushed by President Trump said top administration officials repeatedly pressured him to steer millions of dollars in contracts to the clients of a well-connected consultant. Rick Bright, who was director of the Department of Health and Human Services’ Biomedical Advanced Research and Development Authority until his removal in April, said in a whistleblower complaint that he had been protesting contract abuse since 2017. Questionable contracts have gone to “companies with political connections to the administration,” the complaint said, including a drug company tied to a friend of Jared Kushner’s, President Trump’s son-in-law and senior adviser.
Well-Connected Trump Alumni Benefit from Coronavirus Lobbying Rush
MSN – Michelle Ye Hee Lee, Tom Hamburger, and Anu Narayanswami (Washington Post) | Published: 4/30/2020
As businesses lobby Washington for a piece of the massive federal response to the global pandemic, a group of former Trump administration officials and campaign alumni are in the center of the action, helping private interests tap into coveted financial and regulatory relief programs. Businesses hit hard by the virus and health-care manufacturers seeking approval for their products have rushed to hire Trump alumni, who are leveraging their connections in a variety of ways. In all, at least 25 former officials who once worked for the Trump administration, campaign, or transition team are now registered as lobbyists for clients with coronavirus needs. The activity shows how, despite Trump’s repeated claim he would “drain the swamp,” his former aides and onetime administration officials have embraced Washington’s lobbying world.
Why Biden’s Choice of Running Mate Has Momentous Implications
MSN – Jonathan Martin and Alexander Burns (New York Times) | Published: 5/3/2020
The vice-presidential selection process has usually had an air of cloak-and-dagger to it. The party’s nominees would say little about their thinking, the would-be running mates would reveal even less, and an elaborate game of subterfuge would unfold that mostly captivated political insiders and usually had little bearing on the election. But a convergence of forces has transformed Joe Biden’s search for a running mate on the Democratic ticket. His pledge to pick a woman immediately limited the pool of potential candidates and intensified the competition. Biden himself has increasingly pushed into the political foreground the overwhelming reason his choice may be the most consequential in decades: the expectation that the 77-year-old would be a one-term president.
Will Americans Lose Their Right to Vote in the Pandemic?
New York Times – Emily Bazelon | Published: 5/5/2020
The April 7 election in Wisconsin showed the coronavirus pandemic can block access to the ballot just as it has closed stores and schools and so much other civic activity. “Ultimately, there were no provisions, no accommodations in state law for the pandemic when it came to our administration of this election,” said Neil Albrecht, executive director of the Milwaukee Election Commission. If states and the federal government do not do more to help voters in November, the barriers for some of them may be insurmountable. The outcome of the presidential contest will most likely be decided in a handful of swing states. But only one swing state is already set up for most people to vote by mail.
Canada
Canada – Ontario Allowing ‘Secret Lobbying’ Amid COVID-19: Critic
National Post – Emma McIntosh | Published: 5/1/2020
The Ontario government is allowing businesses to do “secret lobbying” by inviting them to ask for temporary law changes during the coronavirus pandemic, Democracy Watch says. The Progressive Conservative government, which was elected on promises to reduce red tape, announced it would open an online portal where businesses could ask for regulation or rule changes to help them weather the pandemic. Democracy Watch, a non-profit which advocates for government accountability, said that portal is an invitation to use a loophole in Ontario’s lobbying rules, which is especially worrying given the government’s temporary rollbacks of some environmental protections.
From the States and Municipalities
California – Dem vs. Dem: Do fractures in California presage a Democratic Party crack-up?
Politico – Jeremy White | Published: 5/5/2020
In modern California politics, the critical fault line is not between Democrats and Republicans. It is between Democrats, thanks to an election system that allows two Democrats to advance out of primaries and collide in the general election. There is no other state where Democrats wield the absolute power the party enjoys in California. Before 2011, when the state replaced party primaries with a general primary after which the top two vote-getters square off in the general election, establishment-backed Democrats running in safe seats could often sail to assured victories; now, they often find themselves fighting for their political lives against a rival from their own party.
Colorado – Demoted Denver Firefighter Tried to Pass Off Hot Tub, Leather Sofa as Medical Expenses
Denver Post – Shelly Bradbury | Published: 5/5/2020
A Denver Fire Department lieutenant who fell through a floor and broke his hip while fighting a fire in 2016 subsequently tried to pass off purchases of a hot tub, stove, specialty mattress, and seven-piece leather sofa as medical expenses, according to a disciplinary action letter from the city Department of Public Safety. Lt. Demetrius Granado was demoted to the rank of firefighter first-grade and technically fired for his actions, although the firing will not take effect if he does not violate the fire department’s rules for two years.
Florida – Florida Concedes It Has No Plan on Felon Voting
Tampa Bay Times – Dara Kam | Published: 5/6/2020
U.S. District Court Judge Robert Hinkle decided more than six months ago that Florida cannot deny the right to vote to felons who have served their time behind bars and are genuinely unable to pay “legal financial obligations” as required by a controversial state law passed last year. But as a trial in a challenge to the law draws to a close, a top Florida elections official told the judge the state has not settled on a process that will carry out his ruling and permit people who cannot afford to pay their court-ordered debts to vote.
Georgia – GBI Opens Criminal Investigation into DA’s Nonprofit Funds
Lexington Herald-Leader – Associated Press | Published: 5/6/2020
The Georgia Bureau of Investigation launched a criminal probe into a district attorney accused of using at least $140,000 in city of Atlanta money paid to a nonprofit to supplement his own salary. The state ethics commission filed a complaint against The Georgia Ethics Commission filed a complaint against Fulton County District Attorney Paul Howard, accusing him of violating public disclosure laws.
Hawaii – Honolulu Ethics Commission OKs Gifts for First Responders
Honolulu Star Advertiser – Gordon Y.K. Pang | Published: 5/2/2020
The Honolulu Ethics Commission voted to allow city police officers and other first responders to accept gifts from the public that are considered :tokens of aloha and acts of kindness” for the duration of the coronavirus outbreak. The temporary change in ethics guidelines was triggered by the surge in public support for those on the front lines of the battle to stem the outbreak. The change applies only to police officers, firefighters, paramedics, and lifeguards employed by the city, since other first responders are outside the jurisdiction of the commission.
Idaho – Belated Campaign Finance Report Filed by Pro-Gun Group
Idaho Falls Post-Register – Betsy Russell (Idaho Press) | Published: 4/28/2020
After a campaign finance complaint was referred to the Idaho attorney general for investigation, Greg Pruett of the Idaho 2nd Amendment Alliance belatedly filed a campaign finance report on his television ad campaign in favor of Rep. Christy Zito, who is running for the state Senate. Pruett acknowledged that under Idaho law, he was required to file a report and disclose his donors of $50 or more when he distributed an “electioneering communication” that “unambiguously refers to any candidate,” and was sent out within 30 days before a primary election.
Iowa – Court Upholds Dismissal of Suit Over Iowa Governor’s Flight
AP News – David Pitt | Published: 5/1/2020
The Iowa Supreme Court upheld the dismissal of a lawsuit filed by an attorney who challenged a 2017 flight that Gov. Kim Reynolds and her family took on a private jet to a football game in Memphis, Tennessee Gary Dickey filed a complaint with the Iowa Ethics and Campaign Disclosure Board, alleging the $2,880 claimed for four seats on the private jet in campaign disclosure documents underestimated the flight’s value by thousands of dollars. The plane was owned by a company that has contracts with the state.
Maryland – Progressive Maryland Files Complaint Against Super PAC Backing Baltimore Mayoral Candidate Mary Miller
Baltimore Sun – Talia Richman | Published: 5/5/2020
A nonprofit advocacy group filed an ethics complaint with the Maryland elections board, alleging campaign finance violations by a super PAC that is backing Baltimore mayoral candidate Mary Miller. The Citizens for Ethical Progressive Leadership PAC was established April 30, state records show, and is supporting Miller. The group recently circulated a memo describing a poll by Garin-Hart-Yang Research Group of 500 likely Democratic primary voters, conducted April 13 to 16. Progressive Maryland’s complaint says the date of the poll signals a campaign finance violation.
Mississippi – MS Welfare Scandal Audit: Money went to cars, family, paying Brett Favre for speeches he never gave
Jackson Clarion-Ledger – Luke Ramseth | Published: 5/4/2020
Money meant to help poor Mississippians was instead used to buy expensive cars, sponsor a college baseball tournament, hire family members of a top state official, and pay Brett Favre for speeches he never gave, according to a report from State Auditor Shad White. The audit of the Mississippi Department of Human Services (DHS) shows how federal welfare grant funds flowed from DHS into two nonprofits, which then frequently spent the cash in inappropriate or suspicious ways. More than $94 million in welfare money spending was “questioned” by auditors, according to the report, alleging either outright misspending or lack of documentation showing it was spent properly.
Nevada – Ethics Complaint ‘Credible’ Against Ex-Las Vegas Planning Official
Las Vegas Review-Journal – Shea Johnson | Published: 5/1/2020
Former Las Vegas Planning Commissioner Christina Roush voted several times on short-term rental applications presented by a City Hall lobbyist but failed to disclose that lobbyist had also reportedly been hired by her husband to secure a similar permit. Now Roush will have to attend ethics training if she returns to the public sector within two years under a proposed agreement with a state ethics panel. The panel, consisting of three members of the Nevada Commission on Ethics, recently said there was “credible evidence” for the full commission to weigh in on the accusations that Roush violated two conflict-of-interest laws by voting on short-term rental applications presented by lobbyist Nathan Taylor through much of 2018.
New Jersey – Juul Donated to New Jersey Politicians Even as They Considered Vaping Restrictions
Politico – Matt Freidman | Published: 5/4/2020
As New Jersey lawmakers considered restrictions on vaping products, a leading e-cigarette maker donated to political organizations with close ties to both state Senate President Steve Sweeney and Gov. Phil Murphy. The donations from Juul Labs came even after Sweeney called for a ban on all vaping products and then pushed a bill that would severely restrict their sales in New Jersey. Juul’s $7,500 donation to General Majority, a Sweeney-tied super PAC, was dated less than two weeks after the Legislature passed a Sweeney-backed bill that could have banned the company’s products from store shelves, and three days after Murphy vetoed it.
New York – New York Must Hold Democratic Presidential Primary, Judge Rules
New York Times – Sean Sullivan and Nick Corasaniti | Published: 5/5/2020
A federal judge ordered elections officials in New York state to hold its Democratic primary election in June and reinstate all qualifying candidates on the ballot. The ruling came after the presidential primary was canceled over concerns about the coronavirus. Douglas Kellner, co-chairperson of the New York Board of Elections, said the board was “reviewing the decision and preparing an appeal. “The initial move to cancel the presidential primary sowed confusion around the state; though the statewide presidential primary was canceled, dozens of local elections were not, leaving some candidates and political operatives nervous that voters might presume the entire primary had been called off.
North Carolina – Should NC Politicians Be Banned from Paying Themselves Rent with Campaign Money?
Raleigh News and Observer – Will Doran | Published: 4/30/2020
The North Carolina State Board of Elections is considering whether politicians should be able to use their campaign donors’ money to pay for a home they already own after the board previously signed off on such arrangements. Specifically, the potential rule change would ban politicians from using their campaign funds to pay the rent or mortgage of any residence owned by them or a family member. If state officials do decide to ban such practices, it would appear to be a change aimed one of the most powerful politicians in the state, Senate leader Phil Berger.
Ohio – Ohio Elections Chief Pushes for Changes Before Fall Vote
AP News – Julie Carr Smyth | Published: 5/5/2020
Ohio needs to take the application process for mail-in ballots online, agree to pay postage on return applications and ballots, and make other voting-law changes in order to assure a smooth presidential election in November, the state’s top elections official said. Secretary of State Frank LaRose said he has begun lobbying lawmakers on the need to act quickly. The state’s primary election was postponed from March 17 to April 28 due to the public health threat posed by the coronavirus. The experience spotlighted several weaknesses in Ohio’s vote-by-mail system, already criticized as cumbersome of some voting-rights groups.
Ohio – Ohio House Republicans Move to Limit Health Director Amy Acton’s Authority
Cleveland Plain Dealer – Seth Richardson | Published: 5/6/2020
The Ohio House moved to strip state Department of Health Director Dr. Amy Acton’s authority to issue lasting state orders, a direct attack on Gov. Mike DeWine and his response to the coronavirus pandemic. House Republicans amended and passed a 2019 regulatory reform bill that would limit health department orders to 14 days. Under the amended Senate Bill 1, an order could only be extended if it receives approval from the Joint Committee on Agency Rule Review. Republicans said they were trying to check the governor’s power through legislative oversight, saying Acton’s authority was too broad.
Oregon – Campaign Finance Limits Lose Twice in Oregon
Oregon Public Broadcasting – Rebecca Ellis and Jeff Mapes | Published: 5/1/2020
Backers of strict curbs on campaign money in Oregon lost twice in their attempt to quickly impose limits on donations to candidates for public office. The actions, involving limits at the statewide level and in Portland’s mayoral campaign, came after the Oregon Supreme Court ruled strict limits do not violate state constitutional protections on freedom of expression. In doing so, the court reversed a long-standing ruling barring limits on political donations.
South Carolina – SC Supreme Court Rules Against Statehouse Probe Prosecutor’s Call to Reverse Plea Deal
Charleston Post and Courier – Andy Shain | Published: 5/6/2020
The special prosecutor in South Carolina’s statehouse probe was dealt a blow when the state Supreme Court ruled against his efforts to throw out a guilty plea by a former lawmaker. The court also says it has questions about how First Circuit Solicitor David Pascoe was able to get $352,000 from businesses and state agencies to avoid prosecution in the investigation. The case led to guilty pleas and convictions of five lawmakers and effectively ended one of South Carolina’s most influential political consulting firms.
South Dakota – Ethics Board Dismisses Complaint Against Councilor After Trip to Republican Convention
Sioux Falls Argus Leader – JoeSneve | Published: 4/30/2020
The Sioux Falls Board of Ethics will not decide if a city councilor broke the rules by accepting an expense-free trip to a conference of Republican municipal and county officials. Last October, Councilor Greg Neitzert, along with Mayor Paul TenHaken, attended the group Community Leaders of America’s convention in Dallas. The trip recently became the subject of scrutiny when Sioux Falls resident John Cunningham filed an ethics complaint against Neitzert, alleging he violated the city’s ethics rules when Community Leaders of America covered expenses for airfare and hotel stays.
Tennessee – Media Groups Sue Campaign Finance Board Over Email Vote, Contend Violation of Open Meetings Law
The Tennessean – Joel Ebert | Published: 4/29/2020
A coalition of media organizations filed a lawsuit against a state panel for violating Tennessee’s open meetings law. The lawsuit stems from the Tennessee Registry of Election Finance’s decision to reduce previously issued fines against state Rep. Joe Towns. According to the suit, the email vote violated the state’s Open Meetings Act, as well as an executive order from Gov. Bill Lee seeking to allow government agencies to conduct business electronically during the ongoing coronavirus pandemic.
Texas – Texas AG Helped Donor Fight Virus Lockout
AP News – Paul Weber and Jake Bleiberg | Published: 4/29/2020
When a small county in Colorado banished everyone but locals to blunt the spread of the coronavirus, an unlikely outsider raised a fuss: Texas Attorney General Ken Paxton, who called it an affront to Texans who own property there and pressed health officials to soften the rules. A review shows Paxton’s moves stood to benefit an exclusive group of Texans, including a Dallas donor and college classmate who helped Paxton launch his run for attorney general and had spent days trying to get a waiver to remain in his $4 million lakeside home. Robert McCarter’s neighbors in the wealthy Colorado enclave of Crested Butte are also Paxton campaign contributors, including a Texas oilman who has given Paxton and his wife, state Sen. Angela Paxton, more than $252,000.
Wisconsin – Conservative Justices Appear Skeptical of ‘Safer at Home’ Extension
Madison.com – Ed Treleven | Published: 5/5/2020
The Wisconsin Supreme Court’s conservative justices expressed skepticism about the authority of a cabinet secretary to extend Gov. Tony Evers’ “safer at home” order for controlling the spread of COVID-19. “Isn’t it the very definition of tyranny for one person to order people to be imprisoned for going to work, among other ordinarily lawful activities?” asked Justice Rebecca Bradley. Republican lawmakers are seeking to suspend the Department of Health Services’ extension of the order to May 26. Opponents say it has wrecked the state’s economy. Proponents counter that Wisconsin’s infection rate would be much higher if nothing had been done. One justice likening the restrictions to the World War II Japanese internment camps.
Wisconsin – Unexpected Outcome in Wisconsin: Tens of thousands of ballots that arrived after Election Day were counted, thanks to court decisions
MSN – Amy Gardner, Dan Simmons, and Robert Barnes (Washington Post) | Published: 5/3/2020
In early April, Wisconsin voters navigated a number of rule changes governing the state’s spring elections as officials tussled over the risks of the coronavirus, prompting a backlog of absentee ballot requests and fears that many would not be able to participate. But in the end, tens of thousands of mail ballots that arrived after the April 7 presidential primaries and spring elections were counted by local officials, the unexpected result of last-minute intervention by the U.S. Supreme Court. What happened in Wisconsin has potentially far-reaching implications as the two parties square off in courtrooms across the country, hoping to notch legal victories that will shape the electorate in their favor before November.
May 7, 2020 •
Lawsuit Filed in North Dakota Redistricting Case
The Office of the North Dakota Secretary of State approved a petition for a proposed constitutional amendment. This amendment will make several changes to election procedures, and make the Ethics Commission responsible for state legislative redistricting procedures. The Legislature is […]
The Office of the North Dakota Secretary of State approved a petition for a proposed constitutional amendment.
This amendment will make several changes to election procedures, and make the Ethics Commission responsible for state legislative redistricting procedures.
The Legislature is responsible for redrawing district lines every 10 years following each U.S. Census and is scheduled to do so again in 2021.
The group proposing the measure, North Dakota Voters First, will need to obtain signatures of 4% of eligible voters by July 6 to get the proposal on the ballot in November.
The group has now filed a lawsuit against Secretary of State Al Jaeger in U.S. District Court claiming it should be allowed to collect electronic signatures during the pandemic.
The state law requiring petition circulators to collect necessary signatures in-person is unrealistic and dangerous.
Additionally, the inability to get the measure on the ballot this year would mean the current redistricting rules stay in place for another decade.
May 5, 2020 •
Tuesday’s LobbyComply News Roundup
Elections Wisconsin: “Unexpected Outcome in Wisconsin: Tens of thousands of ballots that arrived after Election Day were counted, thanks to court decisions” by Amy Gardner, Dan Simmons, and Robert Barnes (Washington Post) for MSN Ethics National: “Lawmakers Made Hundreds of […]
Elections
Wisconsin: “Unexpected Outcome in Wisconsin: Tens of thousands of ballots that arrived after Election Day were counted, thanks to court decisions” by Amy Gardner, Dan Simmons, and Robert Barnes (Washington Post) for MSN
Ethics
National: “Lawmakers Made Hundreds of Stock Transactions During Pandemic, Watchdog Finds” by Alice Miranda Ollstein for Politico
National: “Secret Service Paid Trump’s D.C. Hotel More Than $33,000 for Lodging to Guard Mnuchin in ’17” by David Fahrenthold, Joshua Partlow, Josh Dawsey, and Carol Leonnig (Washington Post) for Seattle Times
Hawaii: “Honolulu Ethics Commission OKs Gifts for First Responders” by Gordon Y.K. Pang for Honolulu Star Advertiser
Iowa: “Court Upholds Dismissal of Suit Over Iowa Governor’s Flight” by David Pitt for AP News
Legislative Issues
National: “The ‘New Normal’ Takes Shape on Capitol Hill” by Scott Wong and Mike Lillis for The Hill
Lobbying
National: “Well-Connected Trump Alumni Benefit from Coronavirus Lobbying Rush” by Michelle Ye Hee Lee, Tom Hamburger, and Anu Narayanswami (Washington Post) for MSN
May 1, 2020 •
News You Can Use Digest – May 1, 2020
National/Federal Democrats Press General Services Administration Over Trump Hotel Payments Greenwich Time – Jonathan O’Connell, David Fahrenthold, and Joshua Partlow (Washington Post) | Published: 4/24/2020 Congressional Democrats are pressing the General Services Administration for information about President Trump’s District of Columbia […]
National/Federal
Democrats Press General Services Administration Over Trump Hotel Payments
Greenwich Time – Jonathan O’Connell, David Fahrenthold, and Joshua Partlow (Washington Post) | Published: 4/24/2020
Congressional Democrats are pressing the General Services Administration for information about President Trump’s District of Columbia hotel lease after Trump’s company said it asked the federal government to include it in any accommodations it may make for private tenants during the coronavirus shutdown. The letter is the latest attempt by congressional Democrats to prevent Trump from using his administration to benefit his business, which he owns but which his adult sons are running while he is in office. The renewed oversight comes at a time when the Trump Organization, like virtually all hotel and golf companies in the country, has seen business plummet to a small fraction of what it was due to shutdowns from the pandemic, and has been looking to cut costs.
Donna Shalala, on Coronavirus Oversight Board, Pays Fine for Not Revealing Stock Sales
Miami Herald – Alex Daugherty | Published: 4/28/2020
U.S. Rep. Donna Shalala, who admitted she broke federal law requiring the disclosure of stock sales, will pay a $1,200 fine for six violations because she failed to report hundreds of transactions made last year by a broker setting up a blind trust. A report details 556 stock transactions made by Shalala n in 2019. She did not make any stock transactions in 2020. There is no indication Shalala engaged in insider trading, though her stock holdings on her previous financial disclosure, from 2018, led to criticism that her portfolio conflicted with her work on an oversight committee set up oversee $500 billion in taxpayer money being used for coronavirus-related payouts to large businesses.
Government Watchdog Seeks Ethics Investigation of Jared Kushner’s ‘Shadow’ Coronavirus Task Force
MSN – Jerry Lambe (Law & Crime) | Published: 4/28/2020
In a letter to the Office of Government Ethics, Citizens for Responsibility and Ethics in Washington asked the agency to conduct a review of whether members of a coronavirus task force overseen by Jared Kushner have complied with the disclosure obligations and conflict-of-interest restrictions required of special government employees under federal law. Kushner in March formed his own “shadow” coronavirus task force, separate from the official effort headed by Vice President Mike Pence, composed largely of private sector advisors whose primary focus was supposed to be expanding access to testing and acquiring life-saving personal protective equipment.
How a Digital Ad Strategy That Helped Trump Is Being Used Against Him
New York Times – Nick Corasaniti | Published: 4/28/2020
In the fast-paced world of digital advertising, the availability of real-time data beyond mere engagement is fairly small, leaving campaigns with a patchwork of clicks, old polling, and hunches to assess the impact of the millions of dollars they are spending on digital platforms. Facebook, with about 220 million users in the country, remains the central digital vehicle for reaching Americans who are spending more time online during the coronavirus pandemic. The pandemic has also forced campaigns to rely on a nearly entirely digital infrastructure, from fundraising to organizing to persuasion. Having fresh data to inform campaign arguments online is essential. A real-time testing project aims to help fill that gap.
Judges Worry Trump Position on McGahn Testimony Could Force Congress into Extreme Measures
Politico – Josh Gerstein and Kyle Cheney | Published: 4/28/2020
A federal appeals court in Washington, D.C. expressed skepticism about the Trump administration’s claim that Congress can never go to court to enforce its oversight and spending powers. The discussion occurred as lawyers for the U.S. House and Justice Department sparred over efforts by Democrats to force former White House counsel Don McGahn to testify about his knowledge of alleged wrongdoing by Trump. Throughout the arguments, judges raised concerns about whether cutting off the courts to Congress would remove any incentive for future presidents to cooperate or negotiate with lawmakers trying to check executive power.
Pollo Tropical, Which Employs Florida Congresswoman’s Husband, Gets Small Biz Loan
Miami Herald – Alex Daugherty | Published: 4/23/2020
The publicly traded parent company of Miami restaurant chain Pollo Tropical, which employs the husband of U.S. Rep. Debbie Mucarsel-Powell as an executive, received a taxpayer-funded loan intended for small businesses affected by the coronavirus pandemic. Fiesta Restaurant Group, with more than 10,000 employees, was granted a $10 million Paycheck Protection Program loan, money that does not have to be paid back if it is used to keep employees on the job. Fiesta said it is “currently reviewing” the money to determine whether it is appropriate to keep it in light of new Treasury Department guidelines that will prevent most publicly-owned large companies from receiving loans.
Sen. Richard Burr Is Not Just a Friend to the Health Care Industry. He’s Also a Stockholder.
ProPublica – Robert Faturechi and Derek Willis | Published: 4/28/2020
In his 15 years in the U.S. Senate, Richard Burr has been one of the health care industry’s staunchest friends, advocated for legislation to benefit the industry. Burr also trades in and out of the industry’s stocks. Since 2013, he and his wife bought and sold between $639,500 and $1.1 million of stock in companies that make medical devices, equipment, supplies, and drugs. With weak laws and little oversight, such trading rarely trips any wires. Burr is also one of the Senate’s biggest beneficiaries of the industry’s largesse. Medical companies, trade groups, and their executives and lobbyists regularly donate to his political committees.
Spotify and Text-a-Thons: How the census is reaching out during coronavirus
Poilitico – Maya King and Danielle Muoio | Published: 4/23/2020
As the coronavirus bears down on cities and states across the nation, the Census Bureau has scrubbed in-person get-out-the-count work in favor of ad buys on Spotify, thousand-person text-a-thons, and virtual speakers series. But despite an extensive statistical database and h$500 million ad strategy to get a proper count, local officials warn millions could still slip through the cracks. The people who are not counted can lose political representation at both the state and federal levels. Legislative and congressional districts are drawn based on population, and the areas where people are hardest to count skew Democratic.
Start-Ups Pursue ‘Free Money’ with Relief Funds, Prompting Backlash
MSN – Erin Griffith and David McCabe (New York Times) | Published: 4/27/2020
Scrutiny of the Paycheck Protection Program, the $349 billion plan to save jobs at small businesses during the coronavirus outbreak, has reached technology start-ups. While many of these young companies have been hurt by the pandemic, they are not ailing in the same way that traditional small businesses are. Many mom-and-pop enterprises, which tend to employ hourly workers and operate on razor-thin margins, are shutting down immediately because of economic pain. But start-ups, which last year raised more than $130 billion in funding, have sometimes turned to the government loans not for day-to-day survival but simply to buy useful time. The start-up rush to tap the finite pool of government aid has stirred debate in Silicon Valley over whether these companies should have applied.
Supreme Court Casts Some Doubt on Whether It Should Settle Trump’s Fight with Congress Over His Finances
Washington Post – Robert Barnes | Published: 4/28/2020
The U.S. Supreme Court called for additional briefing on whether the court was authorized to settle a dispute about congressional subpoenas for President Trump’s financial records. The case is set to be argued May 12, and briefing was completed weeks ago. So the order from the court caught lawyers by surprise and raised at least the possibility the justices were looking for a way to avoid deciding the case’s merits. It may also be less dramatic than that. The request could reflect the interest of just one or a small group of the nine justices. Trump has raised sweeping arguments that the president is protected from investigation by congressional committees and, separately, a New York district attorney. The lower courts are considering the power of Congress to demand executive branch compliance with its investigations.
Thousands of Candidates Reinventing Politics on the Fly for the Age of Pandemic
MSN – Michael Scherer (Washington Post) | Published: 4/26/2020
There is a new reality for political professionals across the country as the social distancing clampdown has transformed the art and logistics of politicking. While much of the attention has focused on former Joe Biden, the presumptive Democratic nominee, hunkering down in his basement to record his podcast, or President Trump seeking to monopolize the evening television airwaves, Covid-19 has transformed all corners of the political universe. Local candidates and name-brand leaders alike have been forced to abandon rallies, community centers, and campaign offices. Volunteers, organizers and operatives have been quarantined into virtual meetings, letter-writing campaigns, and mobile-texting blitzes. Entire organizations have pivoted to meet the moment.
Trump Allies Highlight New Claims Regarding Allegations Against Biden
MSN – Matt Viser (Washington Post) | Published: 4/27/2020
Some allies of President Trump pointed to new claims by a woman who said she was told about sexual assault allegations against Joe Biden decades ago, renewing attention to questions about the past behavior of the presumptive Democratic presidential nominee. Apparent corroboration recently for elements of two accusations made by Biden’s former Senate aide Tara Reade, one involving harassment and the second a sexual assault. Biden has not commented on the allegations, but his campaign has denied them and pointed to his record on women’s rights and promotion of women in his offices.
Trump Appointees Manipulated Agency’s Payday Lending Research, Ex-Staffer Claims
New York Times – Nicholas Confessore and Stacy Cowley | Published: 4/29/2020
Last summer, on his final day of work at the nation’s consumer finance watchdog agency, a career economist sent a colleague a blunt memo. He claimed that President Trump’s appointees at the Consumer Financial Protection Bureau had manipulated the agency’s research process to justify altering a 2017 rule that would have curtailed high-interest payday loans. The departing staff member, Jonathan Lanning, detailed several maneuvers by his agency’s political overseers that he considered legally risky and scientifically indefensible, including pressuring staff economists to water down their findings on payday loans and use statistical gimmicks to downplay the harm consumers would suffer if the payday restrictions were repealed.
Under Pressure, House Leaders Scrap Plans for Speedy Return to the Capitol
New York Times – Emily Cochrane and Nicholas Fandos | Published: 4/28/2020
Democratic leaders scrapped a plan to call the U.S. House back into session in the near future, abruptly reversing themselves after some rank-and-file lawmakers complained that doing so constituted an unnecessary risk as coronavirus continues to spread in the capital and throughout the country. The delay will give House leaders more time to try to reach a bipartisan agreement on rules changes that would allow remote voting and hearings for the first time in history. Democratic leaders were hoping to build Republican support for their plan to permit lawmakers who could not or did not want to travel to Washington during the pandemic to designate another member to vote by proxy in their stead.
Canada
Canada – Alberta Premier Cleared in Ethics Probe Tied to Firing of Election Commissioner
National Post – Canadian Press | Published: 4/27/2020
Alberta’s ethics commissioner rejected accusations that Premier Jason Kenney and his United Conservative caucus broke the rules when they fired an election official investigating the party. Marguerite Trussler said there is no evidence the United Conservative Party (UCP) directly benefited when its caucus passed a bill late last year to fire Lorne Gibson as election commissioner. The New Democratic Party alleged that firing Gibson boosted the UCP’s long-term reputation and re-election prospects given that Gibson was investigating the party and had already levied more than $200,000 in fines tied to the 2017 leadership race won by Kenney.
From the States and Municipalities
Arkansas – 14 PACs Sign Settlements, Accept Fines to Resolve Ethics Complaints, State Records Show
Arkansas Democrat-Gazette – Michael Wickline | Published: 4/21/2020
Fourteen PACs represented by attorney Brenda Vassaur-Taylor signed settlements of complaints in which the committees acknowledge violations of state ethics law in 2016, according to Arkansas Ethics Commission records. They agreed to pay fines collectively totaling $1,450 and each received a public letter of caution. Kendall Bond filed about 30 ethics complaints in January against these PACs, as well as candidates in the 2016 primary election over unregistered PACs making contributions to other PACs and candidates, and unregistered PACS receiving contributions before they were registered as a PAC.
California – California Republicans Prepared to Match Democrats on ‘Ballot Harvesting.’ Then Came Coronavirus
Politico – Carla Marinucci | Published: 4/28/2020
Leaders of the embattled California Republican Party are reversing course during the coronavirus pandemic to demand Gov. Gavin Newsom ban a voting practice they until recently endorsed. The Republican leaders vowed to boost their “ballot harvesting” efforts, to allow people to pick up and deliver absentee ballots that others have cast, after a Democratic thumping in the 2018 midterms. But they are now arguing it is “an intolerable risk to public health and safety.” The practice allows party volunteers to collect mail-in ballots and submit them in groups to polling places or election offices. Republicans blame the Democrats’ ballot collecting as one factor for their 2018 midterm woes, which saw them lose seven congressional seats.
California – National City Passes Campaign Contribution Limits
San Diego Union-Tribune – Gustavo Solis | Published: 4/27/2020
National City officials adopted campaign contribution limits recently. Individuals, businesses, and labor unions can now contribute up to $1,000 to candidates while political parties can give $2,000. The take effect in January 2021. Part of the reason behind limiting campaign contributions was the significant increase in outside money pouring into local elections in National City in recent years.
California – Newsom Executive Orders Test Constitutional Bounds – and Legislative Goodwill
Politico – Debra Kahn | Published: 4/22/2020
Residents and leaders from both parties have given Gov. Gavin Newsom high marks for his handling of the coronavirus pandemic so far, especially after his early stay-at-home order was widely credited for helping control the spread of infection in California. But state lawmakers who have been on recess for more than a month are starting to bristle at the governor’s seemingly unilateral decision making. As Newsom shifts from crisis mode to managing the long-term economic fallout, his orders are coming under more scrutiny not just from lawmakers but industry groups, who are likewise re-engaging in Sacramento policymaking. The legislative branch has likewise shut down most activities for the time being. That leaves Newsom nearly alone to decide how to flex California laws in the coronavirus emergency.
Florida – Federal Grand Jury Casts Wide Net for JEA Records, Communications
Jacksonville Daily Record – Mike Mendenhall | Published: 4/23/2020
A federal grand jury subpoena orders JEA to provide documents, communications, and records from top utility and Jacksonville City Hall officials related to a failed push to privatize the city-owned utility and the hiring of former Chief Executive Officer Aaron Zahn. Federal prosecutors also are looking for communications and documents from lobbyists, JEA’s contracted legal and financial firms and consultants involved in the utility’s invitation to negotiate and failed stock option style-employee bonus plan.
Georgia – Supreme Court Rules States Can’t Copyright Annotated Laws
Courthouse News Service – Tim Ryan | Published: 4/27/2020
Extending a 19th century doctrine of copyright law to legal materials created by Legislatures, the U.S. Supreme Court ruled annotated versions of state codes cannot be copyrighted. Georgia contracts with Matthew Bender & Co., which is part of LexisNexis, to publish and distribute an annotated version of its official state code. LexisNexis publishes the full code without the annotations for free online and members of the public can access annotated versions for free at places like libraries and universities. Public.Resource.Org publishes official legal codes and other government documents online, bought 186 volumes of the annotated code and posted them online. Georgia sent the nonprofit cease and desist letters, but Public Resource refused to take the code down so the state filed a copyright infringement lawsuit.
Idaho – IFF Accused of Disobeying IRS Rules by Encouraging Idahoans to Disobey Governor
Idaho Statesman – Cynthia Sewell | Published: 4/28/2020
A complaint filed with the IRS alleges Idaho Freedom Foundation, a libertarian policy group, violated nonprofit organization rules by “supporting illegal activities” and “engaging in excessive lobbying activities.” After Gov. Brad Little extended the statewide stay-home order through April 30 to combat the coronavirus pandemic, the foundation encouraged people to disobey the order. The foundation helped organized the “Disobey Idaho” protest at the Capitol, which a few hundred people attended and continued to organize, promote, or participate in several stay-at-home violations. The complaint says one way the foundation directly attempts to influence legislation is through its “Freedom Index,” which grades how each state legislator’s voting record meshes with the group’s agenda.
Illinois – Bid to Strengthen Legislative Ethics Code on Sexual Harassment Blocked by Senate
State Journal-Register – Dalton Stokes | Published: 4/24/2020
Legislation to expressly prohibit sexual harassment by legislators and lobbyists in Illinois was one of many bills that did not become law in the 2020 session that was shortened by the coronavirus pandemic. The reasons for its failure in the state Senate remain unclear. After the bill passed the House, Senate leaders assigned it to the State and Local Government Committee, chaired by Sen. Wil Schroder. He said, “There were some Senate members who had questions regarding the new definitions contained in the bill and were not comfortable handling that section this session.”
Kansas – Kansas Ethics Panel Fines Former Corrections Secretary for Taking $100K Job with CoreCivic
Topeka Capital-Journal – Sherman Smith | Published: 4/27/2020
The Kansas Governmental Ethics Commission fined former corrections secretary Joe Norwood $5,000 for taking a job with CoreCivic after authorizing a lucrative state contract for the company. The commission also recommended authorities further investigate Norwood’s dealings with CoreCivic. As corrections secretary under former Gov. Sam Brownback, Norwood helped orchestrate a 20-year agreement for CoreCivic to build and operate a new prison facility, a $362 million deal panned by lawmakers and auditors as overly costly for the state. Norwood immediately went to work for CoreCivic after Gov. Laura Kelly took office in January 2019. Norwood said he was paid $100,000 by CoreCivic for consultant work last year.
Maryland – Ex-NAACP Leader Kweisi Mfume Wins Maryland Seat in Congress
Miami Herald – Brian Witte and Julio Cortez (Associated Press) | Published: 4/28/2020
Democrat Kweisi Mfume won a special election to finish the term of the late Elijah Cummings, retaking a Maryland congressional seat he held for five terms before leaving to lead the NAACP. Mfume defeated Kimberly Klacik in the heavily Democratic Seventh Congressional District, capping a race reshaped by the coronavirus. Maryland opened just three polling stations and sent ballots weeks in advance to encourage mail voting because of the pandemic. Earlier in April, thousands of Wisconsin primary voters waited hours outside overcrowded polling stations, and Maryland’s contest could be a test for future races in a key election year.
Michigan – Michigan Senator Apologizes for Mask That Looked Like Confederate Flag
New York Times – Sandra Garcia | Published: 4/26/2020
A Republican state senator in Michigan apologized for wearing a homemade mask that resembled the Confederate battle flag on the Senate floor. Dale Zorn said he told his wife, who made the mask, that it “probably will raise some eyebrows,” but he initially told a local television station that it was not a Confederate flag. He said his wife told the mask’s pattern was “more similar to” the state flags of Kentucky or Tennessee. The mask he wore, however, appeared to have more in common with the Confederate battle flag, which is all red and features a blue “X” with white stars inside it drawn across the flag.
New Mexico – Coalition Asks for $8,000 Reimbursement from Legislator, Former Executive Director
Albuquerque Journal – T.S. Last | Published: 4/27/2020
The Regional Coalition of Los Alamos National Laboratory Communities (RCLC) is asking New Mexico Rep. Andrea Romero to pay back $8,000 in reimbursements paid to her while she served as the organization’s executive director and before her election in 2018. Romero previously reimbursed RCLC $2,200, but that was before the state auditor’s office released a report that included impermissible reimbursements for travel, meals, and alcoholic beverages and lobbying activities. The audit said more than $50,000 in improper payments were made to Romero, members of the coalition’s board, and third parties. More than half of those payments went to Andrea Romero Consulting.
New York – New York Board of Elections Cancels Democratic Presidential Primary
New York Times – Stephanie Saul and Nick Corasaniti | Published: 4/27/2020
New York officials canceled the state’s Democratic presidential primary, prompting an immediate backlash from the campaign of U.S. Sen. Bernie Sanders and his supporters who had hoped to amass convention delegates and help shape the party’s platform in August. In making the decision against holding a primary, which had been scheduled for June 23, the chairperson of the New York State Board of Elections called the primary “essentially a beauty contest” that the state could ill-afford in the face of the coronavirus pandemic. The Democratic primary will be held for other races, but because of the decision, voters in about 20 counties with no other contests will have no need to go to the polls, and no choice for president will appear on ballots in the remainder of the state’s 62 counties.
Ohio – Biden Wins Ohio Primary, but the Real Contest Was Its Attempt at Mail-In Voting
WUSA – Will Weissert and Julie Carr-Smyth (Associated Press) | Published: 4/28/2020
Joe Biden won Ohio’s presidential primary, clinching a contest that was less about the Democratic nomination and more about how states can conduct elections in the era of the coronavirus. The primary was the first major test of statewide elections via mail amid an outbreak, and the results were mixed. There were reports of confusion but no widespread disruption. It was not like Wisconsin earlier in April, when voters were forced to overlook social distancing guidelines to stand in line wearing masks to cast a ballot. Still, overall turnout appeared to be off.
Ohio – Former ODNR Chief Cited for Ethics Violation Over Free Fishing Trip
Toledo Blade – Mike Markey | Published: 4/28/2020
Former Ohio Department of Natural Resources (ODNR) Director James Zehringer is among nearly 40 current and former state employees and elected officials who the state inspector general has determined violated ethics guidelines by accepting a free charter fishing trip in July 2018. While ethics laws prohibit public officials and employees from accepting gifts of substantial value, state officials wrongly employed a “questionable” interpretation of state law that the fishing trip could be accepted as a donation to the agency to promote tourism, the report said. It instead constituted a “wrongful act” on which natural resources officials also spent public money on lodging and meals for the walleye fishing trip out of Ashtabula County.
Ohio – Ohio’s G.O.P. Governor Splits from Trump, and Rises in Popularity
MSN – Trip Gabriel (New York Times) | Published: 4/28/2020
The coronavirus crisis has made Ohio Gov. Mike DeWine something that decades in elected offices never did: a household name. A Republican, he took early and bold actions to lock down his state, even as President Trump dismissed the threat of the pandemic. DeWine’s decisiveness sent his popularity soaring. Now, DeWine is charting a way out of the shutdown, taking cautious steps while facing pressure from business leaders, conservative activists, and some GOP lawmakers who question the economic costs of a state in quarantine. DeWine is being guided by health experts while avoiding partisan fissures over stay-at-home orders that have been encouraged by Trump, who hopes a rebounding economy will carry him to re-election.
Oregon – Oregon Supreme Court Rules in Favor of Campaign Contribution Limits
Oregon Public Broadcasting – Jeff Mapes | Published: 4/23/2020
Campaign contribution limits are legal in Oregon. The state Supreme Court said limits do not violate the Oregon Constitution, a ruling that potentially signals major reform in one of the few states that does not restrict how much donors, including corporations and labor unions, can give to the candidates. The court ruled in favor of the $500 cap adopted by Multnomah County voters in 2016. The decision sends the case back to a lower court to decide whether Multnomah County’s limits themselves are too low, while tossing out limits that county voters set on campaign expenditures.
Oregon – Portland to Begin Enforcing $500 Campaign Donation Limit Next Week, But It Won’t Apply Retroactively
Portland Oregonian – Everton Bailey Jr. | Published: 4/28/2020
In the wake of an Oregon Supreme Court ruling that campaign contribution limits do not violate the state constitution, Portland election officials say they will enforce a voter-approved $500-per-donor limit starting May 4 but would not retroactively enforce the cap. In their ruling, the justices asked lower courts to decide if $500-per-donor limits, approved first by Multnomah County voters and then by Portland voters, are too low. Portland Mayor Ted Wheeler said his campaign would limit donations going forward to $500 overall in light of the Supreme Court ruling. He also called on state lawmakers to establish uniform political contribution rules in 2021.
Rhode Island – Ethics Commission Dismisses GOP Complaint vs. Raimondo
Providence Journal – Katherine Gregg | Published: 4/28/2020
The Rhode Island Ethics Commission voted to dismiss allegations that Gov. Gina Raimondo crossed a line when she negotiated a no-bid, 20-year lottery deal with International Game Technology (IGT). The complaint the state Republican Party filed against Raimondo centers on her relationship with former IGT Chairperson Donald Sweitzer, who was both an IGT lobbyist in Rhode Island and treasurer of the Democratic Governors Association while Raimondo led the group. The complaint alleges Raimondo violated the prohibition against public officials using their public positions to benefit a “business associate,” in this case Sweitzer.
Rhode Island – Former State Representative-Elect Laufton Ascencao Charged with Felony Embezzlement
UpriseRI – Staff | Published: 4/28/2020
Former state Rep.-elect Laufton Ascencao was charged with embezzlement of funds from the Rhode Island Chapter of the Sierra Club, as well as not reporting expenditures on campaign finance filings and failing to appoint a treasurer to certify his campaign filings in 2017 and 2018. The state attorney general’s office said Ascencao, without authorization, diverted $16,379 from the checking account of the Rhode Island Chapter of the Sierra Club while he was serving as treasurer of that organization. Ascencao used the money to pay for expenses during his 2018 campaign for state representative.
South Carolina – SC Officials Troubled by Senator’s Financial Ties to Richland County Church’s Nonprofit
The State – Andrew Kaplan | Published: 4/24/2020
The revelation that a prominent South Carolina senator sent nearly $500,000 in public money to help with the construction of a private development has some lawmakers and ethics experts crying foul. The money sent to a church’s nonprofit in 2007 was approved by state lawmakers, including state Sen. Darrell Jackson, who is pastor of the church and founder of its nonprofit. It is part of a long-held practice in which legislative leaders stash millions of dollars in the state’s budget each year, then send the earmarked money to pet projects. While a majority of legislators voted in favor of sending money to the private development, several recently interviewed issue with the vote and said they would not have supported later earmarks for the nonprofit had they known about its ties to their fellow lawmaker.
South Dakota – 2 South Dakota Lawmakers Reprimanded for Intoxication at Capitol
Dickinson Press – Shannon Marvel | Published: 4/24/2020
State Sens. Brock Greenfield and Kris Langer apologized during an investigative committee meeting for drinking and returning to the South Dakota Capitol drunk in the early morning hours of April 1. March 31 was the scheduled Veto Day, and the actual legislative session ended at about 3 a.m. on April 1. House Speaker Steve Haugaard testified he witnessed Langer and Greenfield slur their words during a meeting with Lt. Gov. Larry Rhoden. Rep. Fred Deutsch tweeted that the lawmakers should apologize to all of South Dakota. “We are elected to do the people’s work, not to booze it up – the tradition of lobbyist-provided all-you-can-drink free booze needs to stop,” Deutsch tweeted.
Virginia – Va. Gun Range Wins First Victory Against Order Requiring Businesses to Close
Laredo Morning Times – Justin Jouvenal (Washington Post) | Published: 4/27/2020
A Virginia Circuit Court judge ruled Gov. Ralph Northam exceeded his authority by forcing an indoor gun range in Lynchburg to close as part of his order shuttering some nonessential businesses. The decision to grant a temporary injunction allowing Safeside Tactical to reopen marks the first victory by a business challenging the restrictions to stem the spread of the coronavirus. The judge ruled the state law that allowed Northam to declare a state of emergency gives him broad powers, but it specifically prohibits him from limiting the right to keep and bear arms, and found accessing indoor gun ranges falls under that right. Legal experts said the case could spur others as businesses begin to chafe under restrictive shutdown orders in Virginia and across the country.
Wisconsin – Justice Daniel Kelly Rejoins Voter Purge Case After Losing Election
Milwaukee Journal Sentinel – Patrick Marley | Published: 4/29/2020
Wisconsin Supreme Court Justice Daniel Kelly rejoined a lawsuit over the state’s voter rolls after earlier keeping away from the case. Kelly recused himself from the case last year because he was on the April 7 ballot. The justice lost the election but will stay on the bench until the end of July, when his term ends. Days after the election results were announced, Kelly asked parties involved in the case to say what they thought he should do and on April 29 he issued an order saying he would participate in the case. His decision to participate in the case means the court will not deadlock on it, as it did in December.
Wisconsin – Wisconsin Health Department: 36 people positive for coronavirus after primary vote
Politico – Noland McCaskill | Published: 4/27/2020
The state health department said at least three dozen Wisconsin voters and poll workers have tested positive for Covid-19, the disease caused by the coronavirus. Shortly after the state held an in-person election on April 7, the Wisconsin Department of Health Services announced “new tracing mechanisms” to help local officials track residents who might have been exposed to the virus while working the polls or casting a ballot. Health department spokesperson Jennifer Miller said “several” people within that group reported additional possible exposures, making it unclear whether the election itself is responsible for their contraction of the disease. If those people contracted the virus prior to the election, they could have also spread it to others who went to the polls that day.
April 29, 2020 •
Wednesday’s LobbyComply News Roundup
Elections National: “How a Digital Ad Strategy That Helped Trump Is Being Used Against Him” by Nick Corasaniti for New York Times Wisconsin: “Wisconsin Health Department: 36 people positive for coronavirus after primary vote” by Noland McCaskill for Politico Ethics […]
Elections
National: “How a Digital Ad Strategy That Helped Trump Is Being Used Against Him” by Nick Corasaniti for New York Times
Wisconsin: “Wisconsin Health Department: 36 people positive for coronavirus after primary vote” by Noland McCaskill for Politico
Ethics
National: “Trump Allies Highlight New Claims Regarding Allegations Against Biden” by Matt Viser (Washington Post) for MSN
Kansas: “Kansas Ethics Panel Fines Former Corrections Secretary for Taking $100K Job with CoreCivic” by Sherman Smith for Topeka Capital-Journal
Michigan: “Michigan Senator Apologizes for Mask That Looked Like Confederate Flag” by Sandra Garcia for New York Times
Rhode Island: “Ethics Commission Dismisses GOP Complaint vs. Raimondo” by Katherine Gregg for Providence Journal
Virginia: “Va. Gun Range Wins First Victory Against Order Requiring Businesses to Close” by Justin Jouvenal (Washington Post) for Laredo Morning Times
Legislative Issues
Georgia: “Supreme Court Rules States Can’t Copyright Annotated Laws” by Tim Ryan for Courthouse News Service
April 24, 2020 •
News You Can Use Digest – April 24, 2020
National/Federal A Watchdog Out of Trump’s Grasp Unleashes Wave of Coronavirus Audits Politico – Kyle Cheney | Published: 4/20/2020 Lawmakers handed President Trump $2 trillion in coronavirus relief and then left town without activating any of the powerful new oversight tools […]
National/Federal
A Watchdog Out of Trump’s Grasp Unleashes Wave of Coronavirus Audits
Politico – Kyle Cheney | Published: 4/20/2020
Lawmakers handed President Trump $2 trillion in coronavirus relief and then left town without activating any of the powerful new oversight tools meant to hold his administration accountable. But with little fanfare, Congress’ independent, in-house watchdog is preparing audits that will become the first wide-ranging check on Trump’s handling of the national rescue effort. Even as Trump has gone to war against internal watchdogs in his administration, the Government Accountability Office remains largely out of the president’s grasp because of its home in the legislative branch.
‘All of It Is Happening All at Once’: When Congress works from home
New York Times – Nicholas Fandos and Sheryl Gay Stolberg | Published: 4/18/2020
With the Capitol shuttered until at least early May and the House now considering instituting remote voting to facilitate a more prolonged absence from Washington, D.C, members of Congress are sequestered at home like the rest of America, forced to reimagine how to do their jobs virtually. It is a singular challenge for lawmakers, whose tasks typically revolve around human contact with a rotating cast of constituents, staff, lobbyists, and fellow lawmakers. They have come up with creative (some more than others) solutions.
Biden Campaign’s Selection of Preferred Super PAC Stokes Strife in Democratic Party
Washington Post – Michelle Ye Hee Lee, Michael Scherer, and Matt Viser | Published: 4/16/2020
Joe Biden’s campaign signaled to donors that Priorities USA would be its main big-money partner for the general election, a move that has alarmed some of Biden’s ardent backers, who fear the campaign has given outsize influence to a super PAC that many donors associate with the party’s loss in 2016. At stake are hundreds of millions of dollars in independent spending for Biden by super PACs and politically active nonprofits that can raise and spend unlimited sums to try to influence elections. Democrats are scrambling to build an operation to compete with President Trump, who has been fundraising for his reelection since 2017. But as they seek to put up a unified front, Democrats have been dogged by internal battles over how to avoid the mistakes of 2016.
Biden Makes End Run Around Trump as the President Dominates the National Stage
MSN – Annie Linsky (Washington Post) | Published: 4/22/2020
Homebound at his estate in Wilmington, Delaware, Joe Biden’s quarantined campaign is adjusting to a new reality in which the prime-time television slots that would carry his rallies and speeches under normal conditions are now largely dedicated to subjects other than the 2020 presidential campaign. Making matters worse for Biden, President Trump dominates each evening with his coronavirus task force briefings, which mostly are carried live by cable and can have the feel of a daily campaign rally. That has left Biden with little choice but to spread his message around – bracketing the president by offering himself to local newscasts in battleground states that run his interviews. Biden’s appearances aim at groups of voters that he must attract to win in November, including suburbanites, younger voters, and nonwhite voters.
City Leaders to Trump: Help us fight the coronavirus by paying your bill
Center for Public Integrity – Dave Leventhal | Published: 4/16/2020
Fourteen municipal governments want President Trump’s campaign committee to clear a combined $1.82 million worth of public safety-related debt connected to Trump’s “Make America Great Again” campaign rallies. Cities are girding for a coronavirus-induced financial disaster, with a new study indicating more than 2,100 U.S. cities are anticipating significant budget shortfalls and widespread cuts to local government programs and staff. These cuts are likely to fall hardest on low-income residents, people of color, the homeless, and the disabled, who are suffering disproportionately from the pandemic. “… During this [Covid-19] crisis, that loss is even more pronounced – $150,000, for instance, could pay for emergency rental assistance for 100 Minneapolis families,” said Minneapolis Mayor Jacob Frey.
Cory Gardner Attended Pricey Champagne Party in Palm Beach. A Colorado Lawmaker Wants an Investigation.
Denver Post – Jason Wingerter | Published: 4/19/2020
A February party in Palm Beach, whose gust list included U.S. Sen. Cory Gardner of Colorado, was put on by Krug Champagne, a French company owned by a multinational conglomerate of luxury brands called LVMH. For the past 20 years, LVMH has lobbied the Senate on a range of issues related to its brands, such as Louis Vuitton, Hennessy, and Krug Champagne. State Sen. Tom Sullivan says Gardner’s appearance at the party is an ethics violation. Sullivan claimed in a complaint to the Senate Ethics Committee that Gardner violated a ban on gifts of more than $50, as well as a ban on gifts from companies that hire lobbyists.
Donna Shalala, Lone Democrat Overseeing $500B Virus Fund, Didn’t Disclose 2019 Stock Sales
Tampa Bay Times – Alex Daugherty | Published: 4/22/2020
Rep. Donna Shalala, the lone U.S. House Democrat on the committee set up to oversee $500 billion in taxpayer money being used for coronavirus-related payouts to large businesses, violated federal law when she failed to disclose stock sales while serving in Congress. Shalala said she sold a variety of stocks throughout 2019 to eliminate any potential conflicts-of-interest after she was elected to Congress in November 2018. But the transactions were not publicly reported as required by the STOCK Act, which prohibits members of Congress and their employees from using private information gleaned from their official positions for personal benefit and requires them to report stock sales and purchases within 45 days. Shalala’s office said the she and her financial adviser made a mistake.
Ethics Guidance on Coronavirus Relief Package: Lawmakers may be able to apply for some loans
Roll Call – Chris Marquette | Published: 4/21/2020
The U.S. House ethics committee is recommending that lawmakers and their families exercise “caution” before applying for economic relief through the massive relief packages passed into law to quell the financial ruin caused by the coronavirus pandemic. Companies in which members of Congress or family members, such as a spouse or child own at least 20 percent equity interest cannot get any loans or other investments from the pool of funds to be disbursed by Treasury Secretary Steven Mnuchin. But those conflict-of-interest prohibitions do not apply to other components of the law, including the Paycheck Protection Program.
House Democrats Retreat on Remote Voting as Republicans Clamor to Reopen
New York Times – Catie Edmonson and Emily Cochrane | Published: 4/22/2020
Democratic leaders backed away from a plan to change the rules of the U.S. House to allow lawmakers to cast votes remotely for the first time in history, after Republicans who are clamoring to reopen Congress registered their opposition. Speaker Nancy Pelosi said the House would no longer vote on a proposal to allow members to designate another lawmaker to cast votes for them by proxy. Instead, she said she and Minority Leader Kevin McCarthy would have a bipartisan group of lawmakers consider remote voting proposals and plans to reopen the House.
K Street Is Booming. But There’s a Creeping Sense of Dread.
Politico – Theodoric Meyer and Elena Schneider | Published: 4/19/2020
Business is booming on K Street due to the $2.2 trillion coronavirus relief bill, but lobbyists are also dreading what might be on the horizon if the economy slumps into a protracted recession, according to interviews with more than a dozen lobbyists. Several privately expressed worry that business could dry up if the companies with falling revenue move to cut expenses. Some lobbying firms could even go under. But for now, the chaos has been unmistakably good for business. Hospitals, casinos, Indian tribes, pharmaceutical interests, and private equity firms have all hired lobbyists for help, along with companies from 3M to Ticketmaster to Six Flags. with companies from 3M to Ticketmaster to Six Flags.
Matt Gaetz Rents Office Space from Longtime Friend and Donor – at Taxpayer Expense
Politico – Jake Sherman and John Bresnahan | Published: 4/17/2020
U.S. Rep. Matt Gaetz has spent nearly $200,000 in taxpayer funds renting an office from a longtime friend, adviser, campaign donor, and legal client. Both men said Gaetz paid below market rent for the space, although Gaetz later shifted, saying the rent was “at or below market rate.” House rules explicitly state such arrangements are not allowed. The agreement between Gaetz and Collier Merrill highlights how a decades-long relationship can become intertwined with a lawmaker’s congressional duties. On top of being Merrill’s tenant, Gaetz attended fundraisers at Merrill’s restaurants and sought his counsel on policy matters.
Shell Companies Hide Trump Campaign’s Financial Dealings as Super PAC Coordination Rules Kick In
Center for Responsive Politics – Anna Massoglia | Published: 4/17/2020
President Trump’s official super PAC, America First Action, recently unveiled its first independent expenditures in the 2020 presidential election attacking presumptive Democratic nominee Joe Biden on his response to the coronavirus pandemic. But critical information about financial dealings of Trump’s re-election campaign remains hidden by shell companies, obscuring details critical to determine if the campaign is coordinating with his official super PAC. The FEC considers shared vendors when determining if communications constitute illegal coordination between a campaign and an outside group supporting it. The Trump campaign’s disclosure of payments through shell companies keeps the identities of sub-vendors it might share with its super PAC hidden.
Small Business Rescue Cash Isn’t for Lobbyists, Judge Rules
Washington Post – Erik Larson (Bloomberg) | Published: 4/23/2020
Political consulting and lobbying firms were rebuffed in an effort to tap coronavirus rescue money, as a federal judge ruled the funds for small businesses are essentially subsidies that lobbyists cannot receive from the government. The firms cannot tap Paycheck Protection Program loans disbursed by the Small Business Administration because a decades-old regulation bars the agency from subsidizing political speech, U.S. District Court Judge Royce Lamberth said.
The Quiet Hand of Conservative Groups in the Anti-Lockdown Protests
MSN – Kenneth Vogel, Jim Rutenberg, and Lisa Lerer (New York Times) | Published: 4/21/2020
Among those fighting the state and local orders intended to stop the spread of the coronavirus are FreedomWorks and Tea Party Patriots. Also involved are a law firm led partly by former Trump White House officials, a network of state-based conservative policy groups, and a coalition of conservative leaders known as Save Our Country that has advised the White House on strategies for a tiered reopening of the economy. The fight has emerged as a galvanizing cause for a vocal element of President Trump’s base and others on the political right. Organizers see it as unifying social conservatives, who view the orders as targeting religious groups; fiscal conservatives who chafe at the economic devastation wrought by the restrictions on businesses; and civil libertarians who contend the restrictions infringe on constitutional rights.
Trips to Ski Slopes, Beaches and Golf Courses Popular with House Leadership PACs
Roll Call – Chris Marquette | Published: 4/20/2020
U.S. Rep. K. Michael Conaway has spent $285,000 since 2011 from his leadership PAC, Conservative Opportunities for a New America PAC, on things such as golf, spring training tickets and meals in Florida, and stays at the Condado Vanderbilt Hotel in San Juan, Puerto Rico. Conaway is not alone in using leadership PAC money for luxuries that ethics experts consider questionable. Added together, he and six House colleagues spent nearly $800,000 over the past 11 years on elaborate expenditures. Ski trips to mountain resorts were popular. So were fishing, golf, whitewater rafting, and plenty of food and drink.
Trump Interior Official Helped Clear Way for Payments to Ex-Employer
Politico – Adam Cancryn | Published: 4/16/2020
An Interior Department official is under fire over her role in securing access to billions of dollars in coronavirus aid for a handful of wealthy Alaska corporations, including one that previously employed her as a lobbyist and top executive. Assistant Secretary for Indian Affairs Tara Sweeney is among a group of Interior officials advising the Treasury Department on how to distribute $8 billion in rescue funding Congress earmarked for Native American tribes, an allocation that some lawmakers now say they intended solely for the 574 federally recognized tribes hit hard by the economic shutdown. But the Trump administration indicated it also plans to include more than 200 for-profit Alaska Native corporations among the eligible recipients.
Trump Team’s Use of Big Insurer to Dispense Recovery Funds Comes Under Scrutiny
Politico – Maggie Severns and Daniel Lippman | Published: 4/18/2020
A senior economist for the White House Council of Economic Advisers, whose nomination to a post overseeing health insurance floundered in the wake of revelations of his financial ties to UnitedHealth Group, is now playing a key role overseeing a $30 billion recovery program being administered by UnitedHealth. The choice of UnitedHealth, a leading health insurer, to serve as a conduit in funneling billions of dollars to hospitals and other providers, surprised many in health care, including employees at the Department of Health and Human Services who had assumed their department would administer the program itself. Though UnitedHealth says it will make no profit off of the deal, its role in handing the money to hospitals could boost its relationships with the White House and the public during a tumultuous year and possibly provide it with valuable health care data, experts say.
Trump-Backed Online Donor Platform Launches at State Level Ahead of Redistricting
Politico – Scott Bland | Published: 4/17/2020
The GOP online donation platform endorsed by President Trump is opening up to state legislative candidates and others outside federal office, hoping to drive a financial boost for Republicans in the states ahead of the 2020 elections and next year’s redistricting. WinRed, which launched last year, is partnering with the Republican State Leadership Committee to make the platform available to state-level candidates, another step in the group’s drive to get the entire Republican Party using one system for digital fundraising. While the presidential race will command the most attention in 2020, this election is also particularly consequential because state Legislatures will play a key role in the decennial redistricting process that starts next year, with the potential in some states to enact maps that favor one party for the next decade.
From the States and Municipalities
California – Here’s Why L.A. County Plans In-Person Voting During Coronavirus Crisis While Riverside, Orange Went All-Mail
Los Angeles Daily News – Ryan Carter | Published: 4/22/2020
On May 12, Los Angeles County voters will decide who replaces former U.S. Rep. Katie Hill for her remaining term in Congress. Despite countywide “stay at home” orders spurred by the coronavirus outbreak, nine polling places will be available for residents to register and cast their ballots in person. Meanwhile, Riverside County plans its own May 12 special election in the 28th Senate District, but it will be mail-only with no in-person balloting. Orange County will stage a May 19 city council recall election in Santa Ana by mail only. In Los Angeles County, elections officials say it is one of 15 counties in California mandated under the Voter’s Choice Act to offer early-voting options by mail and by polling place. Those options include enabling voters to cast ballots in person at the voting center of their choice.
California – San Diego Mayor’s Nonprofit a Prime Beneficiary of Political Donors’ Largesse
San Diego Union Tribune – Jeff McDonald | Published: 4/19/2020
San Diego Mayor Kevin Faulconer solicited $35,000 in so-called behested payments so far this year for One San Diego, the tax-exempt organization he set up after he was elected mayor in 2014. In total he has raised more than $3 million in donations, with $1.6 million earmarked for One San Diego. State law requires they be disclosed so the public can see who is donating money to a public official’s favored cause. Many of the contributions have been made by people and companies with direct business interests before the city. Lani Lutar, a registered lobbyist who regularly meets with the mayor’s senior aides on behalf of her clients, has served as the One San Diego board chairperson for several years.
Connecticut – Connecticut Presidential Primary Pushed Back Two More Months to Aug. 11 Due to Coronavirus Concerns
Hartford Courant – Christopher Keating | Published: 4/17/2020
In a second delay caused by the coronavirus pandemic, Connecticut’s presidential primary will be pushed back to August 11. Gov. Ned Lamont made the announcement that he was acting in concert with Secretary of the State Denise Merrill to postpone the date by an additional two months. The state has already set aside August 11 as the day for Republican and Democratic primaries for Congress, state Legislature, and local offices. As a result, towns will save money by opening polling places once, instead of twice. Since local conventions have not yet been held, the candidates for those primaries will not be settled until the coming weeks and months.
Illinois – Mayor Lori Lightfoot Introduces Plan to Change Chicago’s City Ethics Rules, Again Allowing Some Elected Officials to Lobby City Government
Chicago Tribune – John Byrne | Published: 4/22/2020
Chicago Mayor Lori Lightfoot introduced a proposal to weaken rules against elected officials lobbying the city that was passed last year. Lightfoot’s amendment to the lobbying ordinance would allow elected officials from outside Chicago to lobby the city council, the mayor’s office, and other city government offices, as long as the public body they represent does not have pending or recurring legislative or contractual matters involving Chicago. That change would partially walk back the stricter standards the council passed following an impassioned debate in December, which barred all elected officials in Illinois from lobbying the city.
Louisiana – Louisiana’s Presidential Primary, Local Elections to Be Delayed Again Amid Coronavirus Pandemic
New Orleans Advocate – Sam Karlin | Published: 4/14/2020
Louisiana’s presidential primary and other local elections have been delayed again until late summer as state leaders offer up a plan that includes expanded access to early voting and mail-in ballots but is expected to still feature in-person voting for most people. Secretary of State Kyle Ardoin and Gov. John Bel Edwards agreed to delay the presidential primary election originally set for April 4th until July 11th to give Ardoin’s office more time to prepare. The subsequent general election for some local races was delayed until August 15th.
Michigan – Brenda Jones Took Illegal Campaign Cash from Donors Doing Business with the City of Detroit
The Intercept – Matthew Cunningham-Cook | Published: 4/21/2020
Detroit City Council President Brenda Jones accepted campaign contributions that violate Michigan’s “pay-to-play rules, according to a review of campaign finance records and interviews with ethics experts. During her 2017 bid for reelection to city council, Jones accepted $5,500 in campaign contributions from then-First Independence Bank Chief Executive Officer Barry Clay, and an additional $4,000 in political donations from First Independence Bank board member Douglas Diggs. The donations occurred as First Independence had a contract with the Detroit police and fire pension fund, of which Jones, as president of the council, is a trustee. First Independence runs a loan program for the pension fund.
Michigan – Michigan Cancels Contract with Two Democratic-Linked Firms That Had Been Tapped to Track Coronavirus
Connecticut Post – Matt Viser and Josh Dawsey (Washington Post) | Published: 4/21/2020
Gov. Gretchen Whitmer’s administration canceled a no-bid contract to help track the spread of the coronavirus in Michigan, a day after announcing the hiring of a state Democratic consultant and a national firm that has worked for prominent Democratic causes. The reversal comes amid complaints the governor tapped politically connected firms to collect health data on state residents and monitor sensitive medical information. The episode illustrates the political and ethical pitfalls involved in the large amounts of money suddenly being spent across the country to curb the pandemic and boost the economy. Companies receiving aid and contracts have been criticized in recent weeks for ties to one party or the other, and Democrats and Republicans have wrangled over the best way to oversee the process.
New Mexico – Ex-Rio Arriba Official Faces Allegations
Albuquerque Journal – Edmund Carrillo | Published: 4/19/2020
Former Rio Arriba County Commissioner Barney Trujillo made over $100,000 from three contracts with Española Public Schools, yet did so without the proper business licenses, the New Mexico Attorney General’s Office says. As a contract holder with the school district, he also never disclosed he contributed to the campaigns of two school board members, which is a violation of governmental conduct laws, according to the attorney general’s office. Trujillo faces three counts of unlawful interest in a public contract and one count of failing to disclose campaign contributions. He could face up to six years in prison.
North Carolina – Voting Rights Advocates File Lawsuit Over Allegedly Insecure North Carolina Voting Machines
The Hill – Maggie Miller | Published: 4/15/2020
A group of voting rights advocates filed a lawsuit alleging that voting machines used in almost two dozen North Carolina counties are not secure and could lead to voter disenfranchisement in the midst of the COVID-19 pandemic. The lawsuit alleges the use of the ExpressVote XL voting machine violates the constitutional right of individuals in the state to free and fair elections and has cyber vulnerabilities that could lead to election interference. The machines involve the voter inputting their choices digitally, with the machine then printing out a paper sheet with a barcode embedded with the voter’s choices. The voting rights advocates point to this system as making it impossible for the average voter to ensure their vote was not changed and was accurate.
Ohio – Appeals Court Entertains Arguments on Whether Jimmy Dimora Should Receive New Trial
Cleveland Plain Dealer – Eric Heisig | Published: 4/16/2020
Federal appeals court judges grilled a prosecutor and a defense lawyer on whether former Cuyahoga County Commissioner Jimmy Dimora should get another chance to prove his innocence. Dimora has argued that errors in the instructions a judge gave to the jury that convicted him in 2012, as well as the judge’s decision to disallow the former commissioner to present his Ohio ethics reports, means he should get a new trial. Dimora is serving a 28-year prison sentence for corruption-related convictions.
Oregon – Portland Mayor Ted Wheeler Violated Campaign Finance Disclosure Rules, City Elections Official Says
Portland Oregonian – Everton Bailey Jr. | Published: 4/21/2020
Portland Mayor Ted Wheeler broke new city election rules by not properly disclosing his largest campaign contributors on his reelection website or two campaign social media accounts, the city auditor’s office ruled. Rules that took effect with this election cycle require candidates to prominently list the top five donors who have given more than $1,000 on campaign communications, said Elections Officer Deborah Scroggin. Wheeler announces “Paid for by Friends of Ted Wheeler” on his campaign website, but the top contributors are not identified there or on his re-election Facebook page or Twitter account.
Texas – More Than Half of Gov. Greg Abbott’s Coronavirus Panel on Reopening Texas Are Campaign Donors
Dallas Morning News – Allie Morris, Ariana Giorgi, and Robert Garrett | Published: 4/18/2020
Gov. Greg Abbott named 39 prominent Texans, most business and industry leaders, to a panel that will help guide a reopening of the state’s economy after the coronavirus. Many of them are also campaign donors. Thirty-one of the counci’’s 39 members have contributed to Abbott’s past runs for governor and attorney general, and since 2015, 25 have given Abbott’s gubernatorial campaign at least $5.8 million combined. The choices are drawing fire from government-transparency advocates, union officials, and Democratic leaders who fear that public health could be subordinated to profit motives as tough judgment calls are made in the coming weeks and months about easing isolation edicts.
Texas – Top Travis County Official Returns $5,000 After Campaign Ethics Violation
Austin American-Statesman – Ryan Autullo | Published: 4/16/2020
State Senate candidate Sarah Eckhardt, the acting county judge in Travis County, acknowledged accepting political contributions in violation of finance law. Candidates in statewide races are prohibited by the Texas Ethics Commission from knowingly accepting a contribution at a time when a campaign treasurer is not in place. The person who filed the complaint is University of Texas student Blake Beatty, who said he discovered Eckhardt’s impermissible fundraising, because “I’ve had a lot of free time on my hands during the quarantine.”
Washington – Justices: $18M campaign finance penalty to be reconsidered
AP News – Gene Johnson | Published: 4/16/2020
A record fine levied against the Grocery Manufacturers Association for concealing the identities of the food and beverage companies that spent $11 million to defeat a GMO-labeling initiative in 2013 was upheld by the Washington Supreme Court. In a five-to-four decision, justices overruled an appeals court and reinstated an $18 million fine against the trade group, now known as the Consumer Brands Association. The decision does not fully settle whether the penalty will stand. The court did not rule on whether the penalty violates the Eighth Amendment’s prohibition on excessive punishment. The justices sent the case back to the appeals court to “scrutinize carefully” whether the fine is constitutional.
Wisconsin – After Losing Election, State Supreme Court Justice Daniel Kelly Signals He Will Participate in Voter Rolls Case
Milwaukee Journal Sentinel – Patrick Marley | Published: 4/16/2020
Days after learning he was losing his seat on the state Supreme Court, Justice Daniel Kelly signaled he would participate in a case over who should remain on Wisconsin’s voter rolls after earlier stepping away from the lawsuit. The case is expected to determine whether tens of thousands of voters who are suspected of having moved can stay on the state’s voter rolls. Kelly issued a court order saying it appears he no longer has a conflict in the case. He asked those involved in the case to file briefs on what they think he should do before he makes a final decision. Kelly had stayed away from the case because it could have affected who was a registered voter for the April 7 election, when he was on the ballot.
Wisconsin – At Least Seven in Wisconsin Contract Coronavirus During Voting
MSN – Nick Corasaniti and Reid Epstein (New York Times) | Published: 4/21/2020
Milwaukee health officials said they had identified at least seven people who contracted the coronavirus from participating in Election Day on April 7, which was held despite a stay-at-home order issued throughout the state. The officials say the number may be higher as they are still conducting testing. Other cities have not reported any cases tied to voting yet. The Wisconsin Department of Health Services said it would also be studying any voters or election workers who contracted the virus from voting.
Wisconsin – Vote by Mail in Wisconsin Helped a Liberal Candidate, Upending Old Theories
New York Times – Reid Epstein | Published: 4/21/2020
The liberal candidate in the April 7 Wisconsin Supreme Court race prevailed in voting by mail by a significant margin, upending years of study showing little advantage to either party when a state transitions from in-person to mail voting. The gap suggests Democrats were more organized and proactive in their vote-by-mail efforts in an election conducted under extraordinary circumstances, with voters forced to weigh the health risks of voting in person against the sometimes unreliable option of requesting and mailing in their ballots. Still, it is likely to add to the skepticism President Trump and Republicans have expressed bout mail voting, which they worry would increase Democratic turnout at Republicans’ expense.
April 22, 2020 •
Wednesday’s LobbyComply News Roundup
Campaign Finance National: “Trump-Backed Online Donor Platform Launches at State Level Ahead of Redistricting” by Scott Bland for Politico California: “San Diego Mayor’s Nonprofit a Prime Beneficiary of Political Donors’ Largesse” by Jeff McDonald for San Diego Union Tribune Elections […]
Campaign Finance
National: “Trump-Backed Online Donor Platform Launches at State Level Ahead of Redistricting” by Scott Bland for Politico
California: “San Diego Mayor’s Nonprofit a Prime Beneficiary of Political Donors’ Largesse” by Jeff McDonald for San Diego Union Tribune
Elections
Wisconsin: “At Least Seven in Wisconsin Contract Coronavirus During Voting” by Nick Corasaniti and Reid Epstein (New York Times) for MSN
Ethics
National: “Trump Team’s Use of Big Insurer to Dispense Recovery Funds Comes Under Scrutiny” by Maggie Severns and Daniel Lippman for Politico
New Mexico: “Ex-Rio Arriba Official Faces Allegations” by Edmund Carrillo for Albuquerque Journal
Texas: “More Than Half of Gov. Greg Abbott’s Coronavirus Panel on Reopening Texas Are Campaign Donors” by Allie Morris, Ariana Giorgi, and Robert Garrett for Dallas Morning News
Legislative Issues
National: “‘All of It Is Happening All at Once’: When Congress works from home” by Nicholas Fandos and Sheryl Gay Stolberg for New York Times
April 17, 2020 •
News You Can Use Digest – April 17, 2020
National/Federal Bloomberg Campaign Transfer of $18 Million to DNC Sparks Complaints to Federal Regulators MSN – Michelle Ye Hee Lee (Washington Post) | Published: 4/9/2020 Citizens United, the group known for its 2010 namesake landmark U.S. Supreme Court case that helped […]
National/Federal
Bloomberg Campaign Transfer of $18 Million to DNC Sparks Complaints to Federal Regulators
MSN – Michelle Ye Hee Lee (Washington Post) | Published: 4/9/2020
Citizens United, the group known for its 2010 namesake landmark U.S. Supreme Court case that helped pave the way for super PACs, filed a petition with the FEC asking regulators to create new rules to limit the amount of leftover money that a self-funded federal candidate can transfer to the national party once the candidate has dropped out of the race. The request followed two FEC complaints filed by other groups that alleged Michael Bloomberg made an improper transfer of $18 million to the Democratic National Committee. Bloomberg was the biggest self-funded candidate in U.S. history.
‘Choosing Winners and Losers’: Behind the battle to be deemed essential
Politico – Theodoric Meyer and Anna Gronwold | Published: 4/10/2020
As states and cities have forced what they consider “nonessential businesses” to close to slow the spread of coronavirus, lobbyists for industries have been hustling to make the case that they are too important to be shut down, a designation that could mean millions of dollars for companies and the employees who keep them running. Companies and trade groups seeking to shape the rules are lobbying governors, most of whom have issued executive orders detailing which businesses can remain open and which must close. They have also appealed to the Trump administration, which has put out recommendations outlining which industries it considers essential, although states and cities are not bound by the recommendations.
Democrats Scramble to Close YouTube Deficit Amid Quarantine Campaign
Politico – Alex Thompson | Published: 4/13/2020
Joe Biden is not much of a YouTuber. But his campaign and Democrats are hastily trying to address a longstanding weakness and reach the millions of Americans who are. The 2020 presidential campaign’s transition to a mostly digital experience, with the nation on lockdown, has spotlighted a long-term progressive deficit on YouTube that some concerned Democrats compare to the right’s command of talk radio. The country’s leading video platform is also one of its largest search engines and a key battlefield in campaigns’ fight to reach new voters and earn free media attention. While Democratic campaigns and groups spend heavily on advertising on YouTube, they lag in organic content, with dozens of conservative and right-wing figures cultivating enormous followings not yet matched by equivalents on the left.
GOP Pushes Voting by Mail – with Restrictions – While Trump Attacks It as ‘Corrupt’
MSN – Amy Gardenr and Elise Viebeck (Washington Post) | Published: 4/12/2020
Despite President Trump saying that voting by mail is “corrupt,” state GOP leaders across the country are aggressively urging their voters to cast ballots by mail. In addition, Republican officeholders in at least 16 states that do not have all-mail elections are encouraging people to vote absentee during the coronavirus pandemic. Their moves come after decades in which Republicans have encouraged their voters to take advantage of absentee ballot rules, running sophisticated mail programs that targeted GOP supporters most likely to vote from home. The apparent conflict between Trump’s attacks and his party’s long embrace of the tactic comes as the health crisis has spurred Democrats and civil rights groups to push to loosen restrictions on mail voting in many jurisdictions.
Lobbyists, Political Consultants Sue U.S. for Coronavirus Bailout
Washington Post – Robert Burnson (Bloomberg) | Published: 4/14/2020
A group representing political consultants, pollsters, and lobbyists sued the U.S. government for a slice of the $2.2 trillion Covid-19 bailout pie. The American Association of Political Consultants says it is unconstitutional for its members to be excluded from the small business loans provided by the CARE Act, which Congress passed in response to the coronavirus pandemic. The group says its members should be granted access to $349 billion in “forgivable loans” provided under the Paycheck Protection Program. The program excludes various businesses including nonprofits, strip clubs, and those “primarily engaged in political or lobbying activities.”
Pentagon Looks to Undo Parts of McCain Anti-Lobbying Law
Roll Call – John Donnelly | Published: 4/14/2020
The Pentagon asked Congress to reverse key parts of a recent law that tightened the rules governing retired Defense Department officials influencing their former government colleagues on behalf of defense contractors. The new rules were authored by the late U.S, Sen. John McCain. They lengthened from one year to two years the period during which the most senior Pentagon officials were banned, upon leaving office, from lobbying their former colleagues. The McCain provisions added new limits on whom in the Defense Department former officials could lobby and how. A coalition of groups that monitor government spending urged congressional committee leaders to not only keep McCain’s provisions but to strengthen them.
Senator Richard Burr Sold D.C. Townhouse to Donor at a Rich Price
ProPublica – Robert Faturechi | Published: 4/14/2020
U.S. Sen. Richard Burr sold his Washington, D.C. townhouse for what, by some estimates, was for an above market price of $900,000 to a team led by lobbyist John Green. That is tens of thousands of dollars above some estimates of the property’s value by tax assessors, a real estate website, and a local real estate agent. Green is a longtime donor to Burr’s political campaigns and has co-hosted at least one fundraiser for him. In 2017, the year of the sale, Green lobbied on behalf of a stream of clients with business before Burr’s committees. If the home was purchased for more than the fair market value, it would be considered a gift. Senate ethics rules generally ban gifts of significant value from lobbyists, and those that are not are typically required to be publicly disclosed.
Sexual Assault Allegation by Former Biden Senate Aide Emerges in Campaign, Draws Denial
MSN – Beth Reinhard, Elise Viebeck, Matt Viser, and Alice Crites (Washington Post) | Published: 4/13/2020
A woman who last year said Joe Biden touched her neck and shoulders when she worked in his Senate office in 1993 is now accusing him of sexually assaulting her that year in a semiprivate area of the Capitol complex, an allegation the Biden campaign strongly denies. At the time, Tara Reade was a staff assistant. The Washington Post has interviewed Reade on multiple occasions as well as people she says she told of the assault claim and more than a half-dozen former staffers of Biden’s Senate office. Reade filed a complaint recently with District of Columbia police. She said she did so because she is being harassed online and wanted law enforcement to be aware of her claim. A public record of the complaint does not name Biden but says Reade “disclosed that she believes she was the victim of a sexual assault” in 1993.
Sidelined by Coronavirus Pandemic, Congress Cedes Stage and Authority to Trump
MSN – Mike DeBonis and Paul Kane (Washington Post) | Published: 4/11/2020
Congress has responded to the incessant spread of the coronavirus and its devastating impact on the economy by passing, so far, three progressively larger relief bills, culminating in the $2 trillion Cares Act. While President Trump has commanded the stage at White House briefings, Democratic Party leaders have conducted frequent media interviews, committee chairpersons have sent flurries of letters, and individual members have scrambled to help their districts. But with lawmakers dispersed across the country, and with rules frequently out of step with modern telecommunications, the House and Senate are only starting to come to terms with how to conduct many of their most essential functions amid an extended national emergency.
Supreme Court for First Time to Hold Arguments Via Teleconference Next Month
Washington Post – Robert Barnes | Published: 4/12/2020
The U.S. Supreme Court announced it will hold oral arguments via teleconference for the first time in its history in May, on a set of cases that had been postponed in March and April, including President Trump’s legal battle to prevent congressional committees and a New York prosecutor from obtaining his financial records. The justices will hear another time-sensitive case involving whether presidential electors can be required to honor their state’s instructions to vote for the candidate who wins the state’s popular vote.
Treasury’s Mnuchin ‘Properly’ Followed Guidance in Refusing to Give Trump’s Tax Returns to Congress, Inspector General Finds
MSN – Jeff Stein, Erica Werner, and Tom Hamburger (Washington Post) | Published: 4/10/2020
Treasury Secretary Steven Mnuchin followed internal protocols when he refused to give President Trump’s tax returns to Congress, Richard Delmar, deputy inspector general of the Department of Treasury, found in a report. Lawyers for the legal counsel’s office wrote in a 2019 opinion that House Democrats’ demands for Trump’s return should be denied because they did not serve a legitimate “legislative purpose.” Delmar’s opinion is a setback for congressional Democrats who have for years said the administration broke a 1924 law that appears to explicitly give congressional tax writing committees the authority to obtain the president’s returns.
Who’s Getting These Hundreds of Billions in the Government Aid? For Now, the Public May Be in the Dark.
Beaumont Enterprise – Peter Whoriskey and Heather Long (Washington Post) | Published: 4/13/2020
The Cares Act requires that the names of recipients of some forms of federal aid be published, but those requirements do not extend to significant portions of the relief. Though most of the $2.2 trillion in spending has yet to begin, disputes already have arisen about who will be responsible for making sure it is done ethically. The law requires several layers of oversight. It calls for a special inspector general, a congressional review commission, and a group that will be composed of inspectors general armed with enhanced powers to subpoena documents and testimony. But President Trump already has taken steps that undermine these reviewers. Regardless of what happens to the oversight panels, the public disclosure of who receives the trillions in emergency money could play a critical role in the public debate over the programs.
From the States and Municipalities
Alabama – Alabama Supreme Court Upholds 6 Counts Against Mike Hubbard, Reverses 5
Montgomery Advertiser – Melissa Brown | Published: 4/10/2020
The Alabama Supreme Court overturned five of the ethics convictions that ended the political career of former House Speaker Mike Hubbard, while upholding six others. Hubbard was sentenced to four years in prison in 2016 but has remained free on appeal. Prosecutors accused him of monetizing his public office to obtain clients and investments for his businesses. \The overturned counts dealt largely with several $150,000 investments in Hubbard’s troubled printing company. The court upheld other ethics counts involving Hubbard’s side work as a consultant, rejecting defense claims that those contracts were unrelated to his position as House speaker.
Arizona – November Ballot Measures Threatened by Lack of Public Gatherings, Backers Warn. Judge Weighs Online Petitions
Arizona Republic – Andrew Oxford | Published: 4/14/2020
The coronavirus pandemic has prevented ballot initiative campaigns from gathering signatures outside libraries, on college campuses, and at other places people used to congregate. But does that mean they should be allowed to collect signatures online as an alternative? That is the question in front of a federal judge, who heard arguments from campaigns backing ballot proposals and lawyers from the Arizona attorney general’s office, which opposes the idea. The campaigns say social distancing guidelines in place to stop the spread of COVID-19 have squelched their usual methods for gathering the more than 200,000 signatures they need to qualify for spots on the general election ballot in November.
California – Federal Investigation into L.A. City Hall Corruption Involves Downtown Project
Los Angeles Times – Emily Alpert Reyes and David Zahniser | Published: 4/15/2020
When federal prosecutors filed their latest corruption case involving Los Angeles City Hall, they filled their court filings with lurid details: a paper bag filled with cash for a council member, a bathroom meeting to discuss the alleged bribe, and insistent texts from that council member angling for the money. What investigators did not say was who allegedly provided a $500,000 bribe meant for a sitting council member in order to smooth the way for a new project. In court filings, prosecutors identified that figure only as “Developer C.” But numerous details in the case point to the project at the heart of the matter: a 20-story residential tower planned at the corner of Hill Street and Olympic Boulevard in downtown Los Angeles.
California – FPPC Offers Guidance on Lobbying Filing Deadlines in Wake of COVID-19
Vallejo Times-Herald – Staff | Published: 4/13/2020
In light of the statewide shelter-in-place order, the California Fair Political Practices Commission is encouraging individuals subject to lobbying registration and reporting requirements to continue to make the best efforts to timely file all legally required reports and statements. If circumstances caused by COVID-19 inhibit the filing of a lobbying report or statement, the filer should communicate these issues to the secretary of state’s office and document all attempts to file and the issues faced. While quarterly lobbying reports are filed electronically, the law requires certain other statements be filed on paper with an original signature.
Florida – Florida Ethics Panel Rejects COVID-19 Announcements Plan, Upholds Ban on Free Publicity or Exposure
Orlando Weekly – Jim Turner (News Service of Florida) | Published: 4/10/2020
The Florida Commission on Ethics blocked a request from Charter Communications to put public officials in coronavirus-related public service announcements. The use of public officials in such ads is a violation of the state’s gift ban, which prohibits elected officials and top appointees from taking anything of value from lobbyists or entities that employ them. Charter did not argue that point, but asked commissioners to make an exception because of the dire nature of the pandemic.
Florida – Herald Drafted a Suit Seeking ALF Records. DeSantis Aide Pressured Law Firm Not To
Miami Herald – Daniel Chang | Published: 4/11/2020
Florida Gov. Ron DeSantis’ general counsel called a representative of The Miami Herald’s law firm seeking to quash a public records lawsuit that would force the state to divulge the names of all elder-care facilities that have had a positive test for the coronavirus. The back-door pressure, through an attorney who had no involvement in the case, paid off. The law firm, Holland & Knight, told Sanford Bohrer, a senior partner with decades of representing The Herald, to stand down and abandon the lawsuit. The suit will still be filed, but by another law firm, said Miami Herald publisher Aminda Marqués González.
Georgia – Ethics Commission Accuses Fulton DA of Disclosure Violations
AP News – Staff | Published: 4/16/2020
Georgia’s ethics commission filed a complaint against an Atlanta-area district attorney and accused him of violating public disclosure laws, including by not listing his supplemental salary funded by a nonprofit. It was reported that discrepancies were found between Fulton County District Attorney Paul Howard’s personal financial disclosures and tax filings submitted to the IRS by a nonprofit Howard runs. The complaint said Howard committed several violations on five years of disclosure forms.
Georgia – Ga. Lawmakers in COVID-19 Campaign Fundraising Limbo
Rome News-Tribune – Beau Evans (Capitol Beat News Service) | Published: 4/15/2020
A divided state ethics commission upheld a longstanding ban on campaign fundraising when Georgia lawmakers are still in session, even if the legislative session has been indefinitely suspended because of the coronavirus pandemic. The 30-year-old ban was designed to curb the influence of money on lawmakers, but in the age of COVID-19, it has creating anxiety among incumbents who face opposition in the June 9 primary. They must continue to idle their fundraising while their challengers can raise money. The governor’s public health emergency declaration now runs through May 13 and there is no assurance the order will expire at that point.
Georgia – Georgia Further Delays Primary Election to June
The Hill – Max Greenwood | Published: 4/9/2020
Georgia delayed its primary elections again, this time to June 9, amid concerns that the coronavirus outbreak may continue to pose a high risk to public health through most of May. Georgia was originally supposed to hold its primaries on March 24. But state officials postponed the contests until May 19 as the pandemic worsened and health officials urged the public to avoid large crowds and gatherings.
Kentucky – Kentucky Legislature Overrides Veto of GOP Voter ID Measure
Washington Post – Elise Viebeck | Published: 4/15/2020
Kentucky’s Republican-controlled Legislature overrode a veto of a new voter ID law by Democratic Gov. Andy Beshear, setting the stage for the requirement to be enacted for the November general election. The move by lawmakers prompted an outcry from Democrats and voting-rights groups. They said the measure would suppress the vote and accused Republicans of exploiting the coronavirus pandemic to impose restrictions, even as other states seek to make voting easier. GOP legislators argued the requirement that voters show a government-issued photo ID to cast a ballot would prevent voter fraud.
Michigan – Chanting ‘Lock Her Up,’ Michigan Protesters Waving Trump Flags Mass Against Gov. Gretchen Whitmer’s Coronavirus Restrictions
Washington Post – Meagan Flynn | Published: 4/16/2020
If all roads in Michigan lead to the Capitol, conservative protesters made sure they were closed. For miles, thousands of drivers clogged the streets to demand Gov. Gretchen Whitmer ease restrictions and allow them to go back to work. They drowned downtown Lansing in a cacophony of honking. They blared patriotic songs from car radios, waving all sorts of flags from the windows: President Trump flags, American flags, and the occasional Confederate flag. But in the massive demonstration against Whitmer’s stay-at-home executive order, which they have argued is excessive and beyond her authority, the pleas from organizers that protesters to stay in their vehicles went unheeded. Many got out of their cars and crashed the front lawn of the Capitol, with some chanting, “Lock her up!” and “We will not comply!”
Michigan – Michigan Republican Party Loses Appeal in Attempt to Stop Redistricting Commission
MLive.com – Ryan Boldrey | Published: 4/15/2020
The Michigan Republican Party was again denied in an attempt to overturn the result of a November 2018 ballot proposal that changed how the state’s political districts are drawn. A three-judge panel of the Sixth U.S. Circuit Court of Appeals upheld a lower court decision deeming the new law constitutional. Proposal 2 shifted the responsibility of drawing Michigan’s state and federal districts every 10 years to a new commission. Redistricting was previously handled by the Michigan Legislature and approved by the governor, something Proposal 2 supporters equated to politicians picking their own district lines.
Missouri – Amid COVID-19 Funding Scramble, Missouri Senate Gets Ethics Panel Back on Track
St. Louis Post-Dispatch – Kurt Erickson | Published: 4/9/2020
After three weeks in limbo, the commission that regulates Missouri’s campaign finance laws will be able to meet again following a rushed effort to appoint a new member. Maneuvering by Gov. Mike Parson and the state Senate resulted in the Legislature’s upper chamber confirming the appointment of Robert Cook to the Missouri Ethics Commission. The commission had been unable to meet after the terms of three of its six members expired on March 15.
New Hampshire – New Hampshire Governor to Allow Absentee Voting in November Because of Coronavirus Outbreak
MSN – Amy Gardner and Colby Itkowitz (Washington Post) | Published: 4/9/2020
New Hampshire Gov. Chris Sununu announced the state will allow voters to cast mail-in ballots in the November general election if the coronavirus is still a factor this fall. The decision is a significant departure from Sununu’s past stance against widespread absentee voting and stands in contrast to the rhetoric coming from some Republicans, including President Trump. Sununu said the state is considering other voting alternatives, too, including “drive-up voting,” in which a voter would not have to leave his or her vehicle.
New Jersey – NJ Lawyer-Lobbyists Saw Big Payday in 2019, See Uncertainty For 2020
Law.com – Suzette Parmley | Published: 4/10/2020
Being heard has never been more expensive in Trenton, or lucrative for lobbyists. Last year’s booming economy, an activist governor, one-party rule, and more than 11,000 bills in the New Jersey Legislature generated a windfall of clients, and made 2019 a banner year for lobbying in the state, with expenditures by clients topping $100 million for the first time ever. And law firms with lobbying arms staffed by lawyers, typically those with extensive experience in dealing with or working in government, or lobbying firms made up of lawyers by trade, made out quite well, according to data from the New Jersey Election Law Enforcement Commission.
New York – New York’s Smaller Political Parties Must Quickly Meet New Ballot Thresholds
Gotham Gazette – Samar Khurshid | Published: 4/13/2020
Included in the bills to approve a state budget in New York was the creation of a new campaign finance system with a public-matching program, lower individual contribution limits, and various other changes to campaign finance law. But the controversial inclusion of changes to ballot thresholds could prove to be a poison pill, not for the law but for the several minor political parties that operate in New York’s electoral system. The new thresholds to secure an automatic ballot line will be daunting for most, if not all, minor parties in the state, considering their showing in recent elections for governor and president. Only the Conservative Party has been able to consistently garner the number of votes the new thresholds would require for a party to easily nominate candidates for offices across the board for years at a time.
South Carolina – SC Ethics Commission Launches Investigation into Horry County Chairman Over Campaign Loan
Raleigh News and Observer – Tyler Fleming | Published: 4/9/2020
The South Carolina Ethics Commission is investigating Horry County Council Chairperson Johnny Gardner for a loan and filings from his election campaign. A complaint claims Gardner, among other allegations, repaid too much money from a personal campaign loan. It also says the money used for the loan could not have belonged to Gardner and may count as an illegal campaign donation.
South Dakota – South Dakota’s Governor Resisted Ordering People to Stay Home. Now It Has One of the Nation’s Largest Coronavirus Hot Spots.
MSN – Griff Witte (Washington Post) | Published: 4/13/2020
South Dakota Gov. Kristi Noem dismissed calls to issue a statewide stay-at-home order to combat the spread of the coronavirus. She said it was up to individuals, not government, to decide whether “to exercise their right to work, to worship and to play – or to even stay at home.” Now, South Dakota is home to one of the largest single coronavirus clusters anywhere in the U.S., with more than 300 workers at a giant ¬pork-processing plant falling ill. With the case numbers continuing to spike, the company was forced to announce the indefinite closure of the facility, threatening the American food supply.
Utah – Utah Lawmakers Tackling Coronavirus impact in First Online Session
Deseret News – Lisa Riley Roche | Published: 4/15/2020
Utah lawmakers are meeting online only for the first time after calling themselves into an emergency special session focused on dealing with the effects of the global coronavirus pandemic. Only Senate President Stuart Adams and House Speaker Brad Wilson are expected to be in the legislative chambers in the closed Capitol, facing new giant screens rather than lawmakers themselves, for the session, which can continue for up to 10 days. Because of technology constraints, work on the more than 20 items on the agenda will be tackled in one chamber at a time, starting in the House, Thomas said. Also, bills will not receive committee hearings, which are optional in a special session.
Washington – Bankruptcy Judge Orders Tim Eyman to Pay $270,000 in State Court Contempt Fines by April 19
Seattle Times – Daniel Beekman | Published: 4/9/2020
Tim Eyman, the longtime anti-tax activist and initiative promoter, has until April 19 to pay $270,000 in fines and attorneys’ fees accrued for refusing to follow court orders in a Washington state campaign finance case. The payment will be due as part of a new plan approved by a federal bankruptcy court judge. Eyman owes more than $340,000 in contempt sanctions and related costs and has paid about $60,000. Sanctions continue to accrue. The new bankruptcy plan also will require Eyman to pay $10,000 a month starting in May and $13,500 a month starting in January 2022, until his debts have been satisfied.
Washington – Washington AG Ferguson Sues Facebook Again, Saying It’s Still Selling Political Ads Without Adequate Disclosures
Seattle Times – Jim Brunner | Published: 4/14/2020
Washington Attorney General Bob Ferguson filed a second lawsuit against Facebook over political ads, saying the company once again failed to make disclosures required under the state’s campaign finance laws. Facebook already paid $238,000 in 2018 to resolve a previous dispute over political advertising. Facebook announced later that year it would stop accepting political ads related to state or local initiatives in Washington, although it still permitted advertisements around “issues of national importance” targeting people in the state. Ferguson said Facebook had continued selling hundreds of ads to at least 171 state political committees since 2018, in violation of its own policy.
Wisconsin – ‘Not as Wisconsin Nice as We Used to Be’: The divisions in Dairyland
MSN – Dionne Searcey (New York Times) | Published: 4/11/2020
The political war being waged in Wisconsin shows how partisanship pushed to its most strategic outer limits can ensnare not only primary election voters but also cow manure, a Christmas tree, a tourism agency, and in particular, farmers who need help. The battle became particularly heated during the tenure of Gov. Scott Walker, who outraged Democrats by taking on a key liberal tenet: organized labor. After he lost the statehouse in 2018, Wisconsin Republicans, who now control both chambers, pushed through measures to strip the powers of newly elected Democrats. In November, Republicans opened a special session the current governor had called to take up gun control measures, and then pounded the gavel to close the session after only a few seconds.
Wisconsin – Upset Victory in Wisconsin Supreme Court Race Gives Democrats a Lift
MSN – Reid Epsein (New York Times) | Published: 4/13/2020
Democrats scored a significant victory in Wisconsin when a liberal challenger upset a Trump-backed incumbent to win a state Supreme Court seat, a down-ballot race that illustrated strong turnout and vote-by-mail efforts in a presidential battleground state. The large margin of victory came as a shock to Republicans and Democrats alike in Wisconsin, where contests for president, governor, and the state’s high court in the last four years have all been decided by about 30,000 votes or less. It followed weeks of Democratic anger over Republicans’ insistence on holding elections amid the coronavirus pandemic.
April 14, 2020 •
Tuesday’s LobbyComply News Roundup
Campaign Finance National: “Bloomberg Campaign Transfer of $18 Million to DNC Sparks Complaints to Federal Regulators” by Michelle Ye Hee Lee (Washington Post) for MSN Elections National: “Democrats Scramble to Close YouTube Deficit Amid Quarantine Campaign” by Alex Thompson for […]
Campaign Finance
National: “Bloomberg Campaign Transfer of $18 Million to DNC Sparks Complaints to Federal Regulators” by Michelle Ye Hee Lee (Washington Post) for MSN
Elections
National: “Democrats Scramble to Close YouTube Deficit Amid Quarantine Campaign” by Alex Thompson for Politico
National: “GOP Pushes Voting by Mail – with Restrictions – While Trump Attacks It as ‘Corrupt’” by Amy Gardenr and Elise Viebeck (Washington Post) for MSN
New Hampshire: “New Hampshire Governor to Allow Absentee Voting in November Because of Coronavirus Outbreak” by Amy Gardner and Colby Itkowitz (Washington Post) for MSN
Ethics
Wisconsin: “‘Not as Wisconsin Nice as We Used to Be’: The divisions in Dairyland” by Dionne Searcey (New York Times) for MSN
Legislative Issues
National: “Sidelined by Coronavirus Pandemic, Congress Cedes Stage and Authority to Trump” by Mike DeBonis and Paul Kane (Washington Post) for MSN
Lobbying
Florida: “Florida Ethics Panel Rejects COVID-19 Announcements Plan, Upholds Ban on Free Publicity or Exposure” by Jim Turner (News Service of Florida) for Orlando Weekly
April 10, 2020 •
News You Can Use Digest – April 10, 2020
National/Federal Bernie Sanders Ends His Presidential Campaign Washington Post – Sean Sullivan and Chelsea Janes | Published: 4/8/2020 U.S. Sen. Bernie Sanders, the liberal insurgent who rose from relative obscurity to build a movement and become a two-time runner-up for the […]
National/Federal
Bernie Sanders Ends His Presidential Campaign
Washington Post – Sean Sullivan and Chelsea Janes | Published: 4/8/2020
U.S. Sen. Bernie Sanders, the liberal insurgent who rose from relative obscurity to build a movement and become a two-time runner-up for the Democratic presidential nomination, ended his 2020 campaign, clearing the way for former Vice President Joe Biden to be the party’s choice to take on President Trump in November. The exit by Sanders marked the apparent close of a roller-coaster primary race that started more than a year ago. Sanders’ departure presents Democrats with an immediate challenge: can the party unify as it failed to do in 2016, when a feud between supporters of Sanders and Hillary Clinton damaged its efforts to win the presidency?
Democrats Have Found a Coronavirus Bright Spot. Her Name Is Earnestine.
New York Times – Sheryl Gay Stolberg | Published: 4/8/2020
Members of Congress grappling with how to respond to the coronavirus pandemic have few reasons to smile these days. But House Democrats have found one – Earnestine Dawson. She is kind of a mystery woman, Democrats agree. Most have never seen her, though they all know the sound of her voice. Dawson is the digital director for the House Democratic Caucus, but better known by lawmakers for her pandemic side-gig as moderator of a seemingly endless series of conference calls that have become the Democrats’ only means of communication and deliberation during the pandemic. She has brought them together through tense and serious business: the drafting of three coronavirus relief packages, hashed out during a series of calls that typically lasted two hours.
Foreign Governments Hire U.S. Lobbyists to Promote Their Efforts Fighting the Coronavirus Outbreak
NBC News – Andrew Lehren and Dan De Luce | Published: 4/2/2020
Japan, Saudi Arabia, and other foreign governments are hiring American lobbyists to promote their efforts to fight the coronavirus outbreak and safeguard their countries’ reputations in the U.S. capital. Even amid a pandemic that has locked down countries and sent the global economy into a tailspin, foreign governments are seeking out K St. firms to burnish their images as leading the battle against COVID-19.
Lawmakers Granted Extension on Financial Reporting During Pandemic
Roll Call – Chris Marquette | Published: 4/7/2020
The House ethics committee is allowing lawmakers an extra 90 days to file their annual financial statements and will waive all late filing fees with issues “reasonably related” to the coronavirus. The panel’s guidance pushes the deadline for members and senior staffers to file their yearly rundown of financial assets back from May 15 to August 13. This does not eliminate the requirement for members to file periodic transaction reports for individual securities within 45 days of a trade execution.
Politics Through the Looking Glass: Virus scrambles the left-right lines
New York Times – Jim Rutenberg | Published: 4/5/2020
In this stage of the coronavirus crisis, the national political debate is inside out and upside down, sending both sides of the national divide scurrying to figure out where the new political and ideological lines will settle. As Republicans prepare for a re-election battle certain to hinge on perceptions of the Trump administration’s efficiency in performing its duty to protect American lives, the debate over government’s role in American life has entered an unfamiliar phase of discombobulation. A conservative president is now responsible for the largest federal disaster response since the Great Depression. At the same time, lingering right-wing distrust of government combined with a red-and-blue fissure over the severity of the crisis have surfaced national divisions.
Progressives Built an Organizing Juggernaut for 2020. Then the Virus Hit.
MSN – Astead Herndon and Ian Prasad Philbrick (New York Times) | Published: 4/5/2020
When it became clear that former Vice President Joe Biden would almost certainly win the Democratic nomination, many of the progressive Democrats who supported other presidential candidates were disappointed but not deterred. They quickly shifted their electoral focus to candidates lower on the ballot. The plan was straightforward: they would donate to a slew of insurgent congressional candidates, and a stable of grassroots groups would be ready and waiting to organize for the general election and beyond. But that was in a pre-pandemic America. Now many progressive candidates and the organizations that support them are struggling to adapt to a bleak reality – dried up fundraising, unclear election dates, and a moratorium on political tactics like in-person phone banks and door-to-door canvassing.
SEC Rules Could Thwart Political Spending Disclosure Efforts
Roll Call – Kate Ackley | Published: 4/7/2020
Under pressure from big business lobbies like the U.S. Chamber of Commerce and the Business Roundtable, the Securities and Exchange Commission is considering new rules that could thwart efforts to mandate public disclosures of corporate political money. If adopted, the proposed regulations could block myriad shareholder resolutions targeting everything from companies’ political disclosures to environmental and corporate governance policies. Though the PACs of corporations must disclose the donations they make, there is no disclosure requirement for companies’ dues and other payments to trade associations that engage in election-related spending.
Sen. David Perdue Bought Stock in a Company That Produces Protective Medical Equipment the Same Day Senators Received a Classified Briefing on the Coronavirus
Business Insider – Sonam Sheth | Published: 4/7/2020
U.S. Sen. David Perdue bought stock in DuPont de Nemours, a chemical company that produces personal protective equipment, on January 24, the same day the Senate received a classified briefing on the spread of the coronavirus. The revelation came from Perdue’s financial portfolio disclosures. The latest included 110 items related to stock trades. According to The Atlanta Journal-Constitution, Perdue engaged in heavy trading in March, when markets plunged, and the virus gained a stronger foothold in the U.S.
Sen. Kelly Loeffler and Her CEO Husband Will Sell All Individual Stock Shares After Coronavirus Trade Furor
CNBC – Dan Mangan and Thomas Franck | Published: 4/8/2020
U.S. Sen. Kelly Loeffler said she and her husband will liquidate their individual stock share positions and related options after weeks of criticism of the couple for selling millions of dollars in stock amid the coronavirus pandemic. Loeffler reiterated her defense of the prior stock sales as legally and ethically proper, and her claim that the couple’s trading was handled by third parties without her prior knowledge. Loeffler, who is the richest member of the Senate, said in a Wall Street Journal opinion page article announcing her decision that her stock holdings would be converted to mutual funds and exchange-traded funds by third-party advisors who handle her investments.
Trump Calls Fired Watchdog in Impeachment Probe a ‘Disgrace’
ABC News – Mary Clare Jalonick and Deb Reichmann (Associated Press) | Published: 4/4/2020
President Trump criticized the ousted inspector general who handled an anonymous whistleblower’s complaint that sparked his impeachment as a “disgrace” and suggested the independent watchdog should have discussed the complaint with him. Trump informed Congress he was firing Michael Atkinson, saying in letters to the House and Senate intelligence committees that he had lost confidence in him. Atkinson’s removal is part of a larger shakeup of the intelligence community under Trump, who has always viewed intelligence professionals with skepticism.
Trump, GOP Challenge Efforts to Make Voting Easier Amid Coronavirus Pandemic
Greenwich Time – Elise Viebeck, Amy Gardner, and Michael Scherer (Washington Post) | Published: 4/4/2020
President Trump and a growing number of Republican leaders are aggressively challenging efforts to make voting easier as the coronavirus pandemic disrupts elections, accusing Democrats of opening the door to fraud – and, in some cases, admitting fears that expanded voting access could politically devastate the GOP. Around the country, election officials trying to ensure ballot access and protect public health in upcoming contests face an increasingly coordinated backlash from the right. Much of the onslaught of litigation has been funded by the Republican National Committee, which has sought to block emergency measures related to Covid-19, such as proactively mailing ballots to voters sheltering at home.
Trump’s Resistance to Independent Oversight Draws Bipartisan Scrutiny
MSN – Seung Min Kim, Josh Dawsey, Tom Hamburger, and Mike DeBonis (Washington Post) | Published: 4/8/2020
Lawmakers are again confronting a president who has repeatedly defied oversight by the legislative branch, raising questions about whether new safeguards established amid the pandemic will be effective against Donald Trump. The president has shown little hesitation in dismissing independent watchdogs, ignoring congressional subpoenas, and barring current and former administration officials from cooperating with investigations. The resistance to the watchdog system come on two fronts that have largely defined the Trump presidency: his impeachment, which was triggered by his attempts to pressure Ukraine into conducting a political investigation of one of his domestic rivals; and his administration’s management of the coronavirus pandemic, in which trillions of taxpayer dollars are being disbursed.
With Campaigns in Remote Mode, Pandemic Upends Battle for Congress
New York Times – Carl Hulse | Published: 4/5/2020
The spread of Covid-19 has upended the nation’s congressional races as many were just getting started, altering the political landscape in unpredictable ways and forcing candidates in the battle for the Senate and House to adapt to unique circumstances. Campaign officials and strategists are trying to game out the new reality. The crisis could prove to be a boost for incumbents who have a built-in advantage in providing services to constituents at a time when voters are on edge and in need. But it is also shining a potentially unflattering spotlight on Washington’s response to the pandemic, which could hurt lawmakers who were already facing an uphill climb to re-election.
Canada
Canada – Appeal Court Nixes Fresh Lobby Probe of Aga Khan in Trudeau Vacation Case
National Post – Jim Bronskill (Canadian Press) | Published: 4/2/2020
There is no need for the federal lobbying commissioner to take another look at whether the Aga Khan broke the rules by giving Canadian Prime Minister Justin Trudeau a vacation in the Bahamas, an appeal court has decided. The Federal Court of Appeal says the commissioner’s original decision not to investigate a complaint about the matter is not subject to review by a judge, effectively making it final. In September 2017, then-Commissioner Karen Shepherd said there was no basis to a complaint that the Aga Khan, a billionaire philanthropist and religious leader, had violated the code for lobbyists by allowing Trudeau and his family to stay on his private island in the Caribbean the previous Christmas.
From the States and Municipalities
Arizona – Mesa Politicians’ Spending Under Scrutiny After Spats Over Gift Cards, Las Vegas Trip
Arizona Republic – Alison Steinbach | Published: 4/8/2020
Mesa is tightening oversight of the city council’s $100,000 in yearly discretionary spending as members bicker over how the money is used. Some council members criticized Councilperson Jeremy Whittaker for what they say was a lavish trip he took to a technology conference at the city’s expense last year. Whittaker has his own concerns about numerous areas of council spending, including council members purchasing gift cards for firefighters. He asked the Goldwater Institute, a local conservative think tank, to investigate. Council members say they will no longer give gift cards and instead will find other ways to express their gratitude to public safety employees.
Colorado – Colorado Election Officials Take Aggressive New Approach to Policing Campaign Violations
Colorado Sun – Sandra Fish | Published: 4/8/2020
Colorado Secretary of State Jena Griswold is taking a more aggressive approach against possible campaign finance violations. The stance is drawing criticism from some observers who question the state’s authority to pursue complaints and whether the law is being fairly applied. Griswold said she sought the attorney general’s opinion on the new enforcement team to ensure its legality, and the office received money in the budget to create three new positions for the enforcement staff. The reliance on the public to file complaints often resulted in a process that involved political retribution rather than compliance with the law. And the complaints did not always result in sanctions.
Florida – Federal Judge Expands Voting Decision to Apply to All Ex-Felons in Florida
Washington Post – Lori Rozsa | Published: 4/7/2020
The federal judge overseeing the ongoing dispute between Florida Gov. Ron DeSantis and released felons who want to vote handed the governor another defeat. U.S. District Court Judge Robert Hinkle said a previous ruling he made that allowed felons to vote, even if they owe fines and fees stemming from their convictions, covers all individuals statewide, not just the 17 people who originally sued DeSantis. The order applies to an estimated 1.4 million people. Though Florida voters passed an amendment to the state’s constitution to allow automatic restoration of voting rights after prison, Republican lawmakers have sought to impose requirements that would block many from registering.
Florida – Florida Election Officials Sound the Alarm Ahead of November
Politico – Gary Fineout | Published: 4/7/2020
Election supervisors in Florida warned Gov. Ron DeSantis that he needs to change the law to give them more flexibility to avoid a presidential election meltdown in the nation’s biggest swing state. The county officials, who issued the alert on the same day Wisconsin held a primary amid widespread fears and irregularities due to the coronavirus, said the changes are needed to accommodate more absentee ballot voters, who could be scared away from the polls if the coronavirus outbreak persists into the August primary or the November general election.
Florida – ‘Open Government’ Moves Online Amid COVID-19 Thanks to Push from Jacksonville Ethics Director
WTLV – Shelby Danielson | Published: 4/4/2020
On March 20, an executive order went into effect across Florida temporarily changing how elected officials can conduct government business amid the coronavirus pandemic. Typically, the Sunshine Law requires elected officials to meet in person. But with the social distancing standards in place to stop the spread of the coronavirus, officials were unable to meet as usual. That concern only grew early on in Jacksonville when city Councilperson Sam Newby tested positive for Covid-19. Days before Newby tested positive, Jacksonville City Ethics Director Carla Miller had already sensed something needed to be done as soon as possible in order to keep government business moving and maintain the public’s access to meetings.
Idaho – A ‘Liberty’ Rebellion in Idaho Threatens to Undermine Coronavirus Orders
Seattle Times – Mike Baker (New York Times) | Published: 4/7/2020
In a state with pockets of wariness about big government and mainstream medicine, the sweeping restrictions aimed at containing the spread of the coronavirus have run into rebellion in some parts of Idaho, which is facing its own worrying spike in cases. The opposition is coming not only from people like Ammon Bundy, whose armed takeover of a wildlife refuge with dozens of other men and women led to a standoff, but also from some state lawmakers and a county sheriff who are calling Gov. Brad Little’s statewide stay-at-home order an infringement on individual liberties. Health care providers have been horrified at the public calls to countermand social-distancing requirements, warning that failing to take firm measures could overwhelm Idaho’s small hospitals.
Michigan – A Michigan Congresswoman, a Guy in Line in China and a Global Scramble to Find N95 Mask
Laredo Morning Times – Greg Jaffe (Washington Post) | Published: 4/6/2020
The race for masks and gowns to protect doctors, nurses, and paramedics from the coronavirus pandemic has consumed governors, presidents, prime ministers, and other politicians around the world. U.S. Rep. Elyssa Slotkin, the governor’s office, and the rest of the Michigan congressional delegation had been working closely with the Big Three auto manufacturers, which have long-standing relationships in China, to secure masks. But even with their help, the demand was far outpacing supply, leaving Slotkin to improvise as best she could as her office was being overwhelmed by increasingly desperate pleas from doctors and nurses begging for help.
Michigan – As Coronavirus Scare Relaxes Michigan Transparency Laws, Experts Question Long-Term Effects
MLive.com – Taylor DesOrmeau | Published: 4/8/2020
Michigan’s Open Meetings Act and Freedom of Information Act, both from 1976, set rules for meetings to ensure they are accessible to residents allow people to request and receive public documents. Neither transparency law was created with pandemics or internet capabilities in mind. Gov. Gretchen Whitmer signed executive orders in recent weeks to temporarily relax the laws due to the coronavirus pandemic. The changes are unprecedented, experts say, and happening across the country through executive order or legislative action. Michigan’s orders emphasize the need to keep up transparency and accountability more than many other states, said Robin Luce-Hermmann, Michigan Press Association general counsel.
Minnesota – Lobbying on Hold as Minnesota Legislature Focuses on COVID-19
Minneapolis Star Tribune – Jessie Van Berkel | Published: 4/7/2020
From social advocacy to corporate lobbying, the work of influencing state lawmakers in person has been largely put on hold as the pandemic demands the Minnesota Legislature’s full attention and forces people to temporarily abandon the Capitol. While COVID-19 has forced a surge in online advocacy, the struggle to contain the virus has taken precedence over the anticipated legislative battles over guns, insulin, legal marijuana, building projects, and other controversies that dominated the early days of the session. The focus, instead, turned to Gov. Tim Walz’s emergency orders temporarily closing schools and most public places, including many businesses that sought exemptions from the “stay-at-home” directive. But the old needs have not disappeared.
Minnesota – Minnesota Lawmaker’s New College Job Sparks Conflict-of-Interest Questions
Minneapolis Star Tribune – Torey Van Oot | Published: 4/3/2020
As the legislative session got underway in mid-February, Minnesota Sen. Erik Simonson introduced a bill to secure nearly $1 million in state infrastructure bonds for a major expansion at Lake Superior College. On April 1, Simonson started a new $100,053-a-year job as executive director of continuing education and customized training at the college. While he applied months earlier, the transition, he said, was “accelerated” when cuts prompted by the coronavirus pandemic threatened his previous job as chief executive officer of the Lake Superior Zoo. The timing of Simonson’s new job with Lake Superior College has sparked questions from some experts on government ethics.
Missouri – JoCo Official May Have Violated Ethics Code, Report Says. City Council Disregards It
Kansas City Star – Sarah Ritter | Published: 4/8/2020
An outside investigator found Olathe City Councilperson Karin Brownlee may have violated the city’s code of ethics when she spoke to the employer of a gay rights activist about his conduct. In a second opinion, a retired judge disagreed. Advocate Brett Hoedl, who led the push for the city to adopt a nondiscrimination ordinance protecting the LGBT community, filed an ethics complaint against Brownlee in November. He accused the council member of complaining to his employer about his activism. He argued Brownlee used her position to silence residents with opinions that differ from her own. Brownlee has contended she engaged in a casual conversation.
New Jersey – Murphy Officially Delays New Jersey Primary to July 7: ‘I don’t want a Wisconsin’
Politico – Matt Friedman | Published: 4/8/2020
Gov. Phil Murphy officially postponed New Jersey’s primary election from June 2 to July 7 because of the coronavirus pandemic. The widely expected delay allows the state more time to decide whether the election should be conducted solely by mail-in ballot or whether polling places will open. “Our democracy cannot be a casualty of Covid-19,” Murphy said.
New York – Quest for COVID Gear Brings $119 Million Deal with de Blasio Donor
The City – Gabriel Sandoval | Published: 4/8/2020
New York City’s frantic hunt for protective masks and medical equipment to combat coronavirus led officials to sign emergency contracts totaling nearly $119 million with a firm run by a major donor to Mayor Bill de Blasio’s failed presidential campaign. Digital Gadgets entered into three contracts with the Department of Citywide Administrative Services. Before March 25, Digital Gadgets had never appeared in the city comptroller’s decade old CheckbookNYC tracking system. Company Chief Executive Officer Charlie Tebele and family members made donations totaling $32,000 to de Blasio’s now-abandoned campaign for the Democratic nomination and related PACs. Tebele and family members also contributed at least $12,750 to de Blasio’s 2017 reelection campaign.
Ohio – ‘Coingate’ Convict Tom Noe Among Ohio Inmates Gov. Mike DeWine Wants to Release Early Amid Coronavirus Fears
Cleveland Plain Dealer – Jeremy Pelzer | Published: 4/7/2020
Tom Noe, the central figure in the 2005 “Coingate” scandal, is among 200-plus Ohio prison inmates Gov. Mike DeWine is recommending for early release because of the coronavirus threat. Noe was once a rising Republican star, chairing the Lucas County Republican Party and serving on the Ohio Board of Regents, which oversees the state’s public colleges and universities. He was convicted of racketeering, money laundering, aggravated theft, forgery, and tampering with records. The jury estimated he stole $1.1 million from the state.
Ohio – Federal Judge Denies Voter Advocates’ Lawsuit to Change Ohio Primary Election
Columbus Dispatch – Rick Rouan | Published: 4/3/2020
A federal judge denied a request for a temporary restraining order sought by voter advocates who want to move Ohio’s voter registration deadline and make other changes to the state’s new election plan. The League of Women Voters of Ohio and the A. Philip Randolph Institute argued the plan adopted by the Ohio General Assembly to extend absentee balloting until April 28, with limited in-person voting, violated the National Voter Registration Act and the First and 14th amendments to the U.S. Constitution. Attorneys for the state argued that changing the election again would sow more confusion among voters.
Tennessee – Rep. Joe Towns Reaches Campaign Finance Violation Settlement After Board Takes Votes by Email
The Tennessean – Joel Ebert | Published: 4/3/2020
Despite facing more than $66,000 in penalties for failing to file certain documents, Tennessee Rep. Joe Towns is set to once again appear on the ballot thanks to an agreement reached by a public agency that took votes via email. The behind-the-scenes decision is raising questions over whether the Registry of Election Finance violated the state’s open meetings law and a recent executive order from Gov. Bill Lee. The arrangement allowed Towns to pay $22,000 in order to become eligible to appear on the fall ballot.
Virginia – Northam Reschedules Va. Primary Elections to June 23
Washington Times – Sophie Kaplan | Published: 4/8/2020
Virginia Gov. Ralph Northam delayed the June 9 primary elections by two weeks and asked the General Assembly to push back May’s elections to November due to the coronavirus. Governors can reschedule only primary elections, so he recommended that lawmakers move the May 5 elections to November 3 when they reconvene on April 22.
Wisconsin – Rulings on Wisconsin Election Raise Questions About Judicial Partisanship
MSN – Adam Liptak (New York Times) | Published: 4/7/2020
The U.S. Supreme Court and the Wisconsin Supreme Court both rejected efforts to delay the state’s April 7 elections because of the coronavirus pandemic. Election law experts said the stark divisions in the rulings did not bode well for faith in the rule of law and American democracy. When the U.S. Supreme Court rules on emergency applications, it almost never gives reasons. But the court’s conservative majority spent four pages explaining why it had refused to extend absentee voting. The contrasting visions of the two sides, one viewing the case as minor and technical and the other as an effort to vindicate a fundamental constitutional value, amounted to a deep disagreement about the judicial role in voting rights cases.
Wisconsin – Wisconsin Now Waits for the Spring Election Results – and Then the Lawsuits
Madison.com – Riley Vetterkind and Kelly Meyerhofer (Wisconsin State Journal) | Published: 4/8/2020
Wisconsin will not know the results of the April 7 election until April 13, but chances are the results will be challenged via a cascade of lawsuits in state or federal court if the margins in major races are as close as they have been in recent years. Possible legal challenges to the election results, fueled by voter complaints about voting hurdles, threaten to further undermine the perceived integrity of the election and the legitimacy of those elected as a result. Statewide, more than 10,000 voters who did not receive requested absentee ballots by Election Day, according to Wisconsin Elections Commission data, were forced to make the choice between sitting out the election or voting in person and risking their health.
April 9, 2020 •
Thursday’s LobbyComply News Roundup
Campaign Finance Colorado: “Colorado Election Officials Take Aggressive New Approach to Policing Campaign Violations” by Sandra Fish for Colorado Sun Elections National: “Bernie Sanders Ends His Presidential Campaign” by Sean Sullivan and Chelsea Janes for Washington Post Florida: “Federal Judge […]
Campaign Finance
Colorado: “Colorado Election Officials Take Aggressive New Approach to Policing Campaign Violations” by Sandra Fish for Colorado Sun
Elections
National: “Bernie Sanders Ends His Presidential Campaign” by Sean Sullivan and Chelsea Janes for Washington Post
Florida: “Federal Judge Expands Voting Decision to Apply to All Ex-Felons in Florida” by Lori Rozsa for Washington Post
Wisconsin: “Rulings on Wisconsin Election Raise Questions About Judicial Partisanship” by Adam Liptak (New York Times) for MSN
Ethics
National: “Sen. Kelly Loeffler and Her CEO Husband Will Sell All Individual Stock Shares After Coronavirus Trade Furor” by Dan Mangan and Thomas Franck for CNBC
National: “Trump Throws ‘Wrecking Ball’ Across Federal Inspectors General” by John Donnelly for Roll Call
Ohio: “‘Coingate’ Convict Tom Noe Among Ohio Inmates Gov. Mike DeWine Wants to Release Early Amid Coronavirus Fears” by Jeremy Pelzer for Cleveland Plain Dealer
Legislative Issues
National: “Democrats Have Found a Coronavirus Bright Spot. Her Name Is Earnestine.” by Sheryl Gay Stolberg for New York Times
March 27, 2020 •
News You Can Use Digest – March 27, 2020
National/Federal As Campaigns Move Online, America’s Chief Watchdog Isn’t Following Politico – Nancy Scola | Published: 3/23/2020 American electioneering has moved almost entirely online: voter townhalls are being replaced by digital meetups, campaign rallies are now streamed speeches, and donor one-on-ones […]
National/Federal
As Campaigns Move Online, America’s Chief Watchdog Isn’t Following
Politico – Nancy Scola | Published: 3/23/2020
American electioneering has moved almost entirely online: voter townhalls are being replaced by digital meetups, campaign rallies are now streamed speeches, and donor one-on-ones are moving to FaceTime. In campaign advertising, that shift was long underway, with money moving from old-school broadcast and print ads to a flurry of custom messages on social media and search engines. As this change has transformed politics over the past several years, and quickly accelerated in recent weeks, one national player has been noticeably silent: the FEC. The last time the FEC updated its rules to address online advertising was in 2006. More recently it has been paralyzed by an internal argument about whether its mandate should extend further into online campaigning.
Bernie Sanders Is Considering Several Options as He Ponders His Campaign’s Future
MSN – Sean Sullivan (Washington Post) | Published: 3/21/2020
U.S. Sen. Bernie Sanders has convened a series of weighty discussions about the future of his presidential campaign with his closest confidants, and at least three potential paths forward have come up in the private talks. People with knowledge of the talks stressed that Sanders had not yet made up his mind and was still trying to reach out to supporters. Few if any dilemmas in recent political history have been fraught with so many variables and such significant potential consequences.
Bloomberg Makes Massive $18M Transfer from Campaign to DNC
Politico – Zach Montellaro | Published: 3/20/2020
Michael Bloomberg is sending $18 million from his defunct presidential campaign to the Democratic National Committee (DNC), an investment in the national party that appears to push the boundaries of campaign finance law. The money will support the DNC’s “Battleground Build-Up 2020” program, an initiative in 12 swing states across the country. The money could fund potentially hundreds of organizers in those states. The transfer signals a change of plans for Bloomberg, who is nixing an earlier idea to form his own super PAC to take on President Trump in 2020.
Bloomberg Sued by Aides for Stiffing Them on Yearlong Pay Promise
Politico – Christopher Cadelsgo | Published: 3/23/2020
Former campaign workers for Michael Bloomberg are suing the billionaire former presidential candidate for fraud, alleging in a nationwide class action lawsuit that as many as 2,000 employees were promised to be paid through the general election before he laid them off. Plaintiffs in the class action include two organizers who halted the interview process for other jobs to join the Bloomberg campaign, and another former organizer who postponed law school to work on Bloomberg;s 2020 effort. The filing comes on the same day as another class action brought by a former Bloomberg field organizer that similarly argues the employees were tricked into taking jobs they were told would continue for a year.
Burr Asks Senate Ethics Committee for Review of His Stock Sales
Stamford Advocate – John Wagner, Michelle Ye Hee Lee, John Swain, and Karoun Demirjian (Washington Post) | Published: 3/20/2020
U.S. Sen. Richard Burr asked the Senate Ethics Committee to review stock sales he made weeks before the markets began to tank in response to the coronavirus pandemic. Burr has faced calls to resign from across the ideological spectrum since it was reported he dumped between $628,000 and $1.72 million of his holdings in 33 different transactions a week before the stock market began plummeting amid fears of Covid-19 spreading in the U.S. Burr also come under fire for a secret recording in which he issued a much more dire warning to a group of attendees at a private luncheon about the potential outbreak than the prognosis he was offering publicly at the time. If Burr traded stocks based on information that was not available to the public, it could not only be an ethics issue, but a criminal matter as well.
Coronavirus Response Includes $400 Million in Election Assistance. Will It Be Enough?
Roll Call – Bridget Bowman | Published: 3/25/2020
A sweeping federal spending package responding to the coronavirus pandemic will include millions to help states administer elections, but some fear it will not be enough to prevent chaos in November. The enormous spending bill includes $400 million in election assistance, according to a partial bill text released by the Senate Appropriations Committee. That figure is a fraction, however, of the $2 billion the Brennan Center for Justice estimated is necessary for states to prepare for a surge of voters casting ballots by mail and to ensure safe in-person voting.
Democratic Convention Planners Look at Contingency Options
New York Times – Reid Epstein | Published: 3/23/2020
Planners for the Democratic National Convention are looking at “contingency options” in case the mid-July gathering in Milwaukee cannot take place because of the coronavirus, officials said for the first time. Among the complicating factors are the uncertain nature of the professional basketball season – the arena hosting the convention is home to the Milwaukee Bucks, a top NBA team likely to play deep into the playoffs if the league’s season were to restart – and how the party’s delegates will be selected. Delegates in most states are elected to the national convention from state conventions, but many state conventions, scheduled for late spring and early summer, are also being postponed.
FLRA Sets Sights on Official Time for ‘Lobbying Activities’
Government Executive – Erich Wagner | Published: 3/24/2020
The federal agency tasked with administering federal labor law announced it will reexamine whether federal employee unions may receive official time to communicate with members of Congress. The Federal Labor Relations Authority requested comments on whether the agency should overturn decades of precedent stating that a ban on the use of federal funds for lobbying applies to federal employees who are members of a labor union. The development is in response to a request from the National Right to Work Legal Defense Foundation, an anti-union advocacy group.
From Jets to Juleps, SCOTUS Perks Aren’t Always Reported
Courthouse News Service – Megan Mineiro | Published: 3/24/2020
A self-appointed U.S. Supreme Court watchdog tallied the private flights and other hidden perks justices enjoy when invited to speak at universities. In addition to the private plane trips, the report from the group Fix the Court details a $500-a-plate VIP dinner that Justice Stephen Breyer attended before a 2016 lecture at the University of Texas, as well as undisclosed gifts like Wisconsin football gear given to Justice Elena Kagan, and silver julep cups to Justice Neil Gorsuch.
House Report Tables Remote Voting
Roll Call – Katherine Tullyu-McManus | Published: 3/24/2020
Remote voting is not coming to the U.S. House anytime soon, according to a Rules Committee report. But some advocates say the report did not fully consider the options available and members are still pushing for emergency alternatives. A public report and letter sent to lawmakers outlines the options for voting procedures during this unprecedented pandemic that is spreading across the country and even the Capitol. The report was commissioned by Speaker Nancy Pelosi after pressure grew from rank-and-file lawmakers for leadership to identify alternatives to gathering 435 members in a room to vote, which makes following social distancing protocols nearly impossible. Pelosi had previously shot down the idea of remote voting when raised by her caucus and reporters.
‘It Can Be Catastrophic’: Coronavirus tanks campaign fundraising
Politico – Maggie Severns and James Arkin | Published: 3/20/2020
Campaigns across the country have canceled face-to-face fundraisers for the foreseeable future in the wake of the Covid-19 pandemic and are scrambling to figure out how to raise enough money to stay solvent. Big donors’ stock portfolios are tanking and small-dollar, online contributors, who have never been more important to campaigns, are facing sudden financial uncertainty and the real possibility of unemployment. Major donors from both parties already are beginning to scale back after years of riding high off of a booming stock market, donors and fundraisers said.
Joe Biden Found His Footing – Then Coronavirus Changed Everything
Yahoo News – Evan Halper and Janet Hook (Los Angeles Times) | Published: 3/24/2020
Even as President Trump fumbles his way through the Covid-19 outbreak, there are risks for Joe Biden if he remains in the background of this ever-changing public crisis. Fresh polling shows a diminished lead for Democrats in November, and Trump’s approval rating mostly stable despite criticism of his early efforts to downplay the significance of the pandemic. That leaves Biden in uncharted territory, a candidate awkwardly adjusting to the new reality of virtual campaigning and struggling to find a message that gets him back on voters’ radar.
Six Days: Tracking Sen. Rand Paul from coronavirus testing to positive diagnosis
MSN – Seung Min Kim, Michael Scherer, and Paul Kane (Washington Post) | Published: 3/23/2020
Aware of his extensive travel and compromised health, U.S. Sen. Rand Paul quietly got himself tested for the coronavirus on March 16. But for the six days that his results were pending, the Kentucky Republican took no steps to self-quarantine – continuing to cast votes on the Senate floor, delivering a speech lambasting a coronavirus aid bill, and meeting with other Republican senators in strategy sessions that defied federal advisories warning against gatherings of more than 10 people. Paul was defiant that he did nothing wrong, despite bipartisan criticism for his behavior and even sharper private furor among senators and aides because he had potentially exposed them to the virus.
Super PACs Step In to Attack Trump’s Coronavirus Response
New York Times – Nick Corasaniti | Published: 3/24/2020
The presidential campaign has largely shifted to the recesses of public consciousness during the coronavirus outbreak. So, too, has political broadcast advertising. Calls for unity to stop the pandemic are widespread, and candidates could be accused of politicizing a crisis if they put out attack ads. But with President Trump on television constantly, Democratic strategists are worried his unabated free airtime, even amid a crippling national crisis, gives him a messaging advantage. In that vacuum, two Democratic groups have started multimillion-dollar advertising campaigns attacking Trump for his previous comments that played down the threat of the virus.
Supreme Court Rejects Keeping GOP Super PAC Donor Secret
Bloomberg Government – Kenneth Doyle | Published: 3/23/2020
The U.S. Supreme Court let stand a lower court decision allowing a trust fund to be named that was used by a donor to give $1.7 million to a Republican super PAC. The trust and a trustee sued to keep their identities secret. Once the lower court follows up on the Supreme Court’s order, FEC member Ellen Weintraub said she would release a statement with the names of the trust and trustee used to funnel money to the super PAC. Enforcement actions and court decisions are making it harder for some big donors to attempt to hide their identities, usually by funneling money to super PACs through obscure limited liability companies or other entities.
Trump Cannot Block Critics on Twitter, Federal Court Affirms in Ruling
Washington Post – Ann Marimow | Published: 3/23/2020
A federal appeals court let stand a ruling that prevents {resident Trump from blocking critical voices from the Twitter account he uses to communicate with the public. The full U.S. Court of Appeals for the Second Circuit denied the administration’s request to revisit an earlier holding that Trump violated the First Amendment when he blocked individual Twitter users who were critical of the president or his polices. The decision leaves in place a unanimous three-judge panel ruling from July. The court held that because the president uses his Twitter account to conduct official government business, he cannot exclude voices or viewpoints with which he disagrees.
Virus Brings States to a Standstill: Sessions halt, budgets crater, plans wait
MSN – Michael Powell and John Eligon (New York Times) | Published: 3/24/2020
The coronavirus has wreaked havoc on statehouses across the U.S., derailing policy agendas, forcing legislators to set aside plans for spending on education, road construction, and opioid addiction, and draining state coffers with startling speed. Vast numbers of businesses have been forced to close their doors and millions of Americans face unemployment, creating a sudden need to spend on virus-related assistance, the certainty of sharp drops in tax collections and a turning of once optimistic budget projections upside down. The outbreak has forced at least 22 state Legislatures to close or postpone sessions at the busiest time of the year. The toll on state policies and spending appears likely to extend far beyond a single legislative season.
Canada
Canada – COVID-19 Is Forcing Lobbyists to Significantly Shift Their Strategies
Hill Times – Beatrice Paez and Palak Mangat | Published: 3/23/2020
As the federal government in Canada ramps up its effort to control the pace of the coronavirus pandemic and stabilize the economy, lobbyists say much of their focus has either pivoted to responding to the immediacy of the crisis, or giving officials the breathing room they need. “I just don’t think there is lobbying during the coronavirus; I really think the focus has to be on getting through this,” said Joe Jordan, senior associate at Bluesky Strategy Group. As a former member of Parliament, Jordan said he may not react too kindly to being approached by a lobbyist during this type of crisis, in which thousands of people are being effectively laid off and the health-care system is under strain.
From the States and Municipalities
Alaska – Alaska Democrats Cancel In-Person Primary Voting, Extend Mail-In Deadline
Anchorage Daily News – Associated Press | Published: 3/24/2020
The Alaska Democratic Party will hold its party-run presidential primary exclusively by mail and is moving back the deadlines for returning and tabulating ballots. The party announced it is canceling in-person voting sites planned for April 4 due to concerns with the coronavirus. But it is extending the deadline to return ballots by mail. The party now says they must be received in Anchorage no later than April 10 to be counted.
California – California Fair Political Practices Commission Offers Guidance on Campaign Filing Deadlines in Wake of COVID-19
Vallejo Times-Herald – Staff | Published: 3/21/2020
The California Fair Political Practices Commission issued an advisory acknowledging that in light of the statewide shelter-in-place order, filing of campaign statements and reports will be difficult. All candidates and committees that file campaign statements and reports with the secretary of state’s office may use the office’s online filing system. Local candidates and committees should contact their local filing officers to determine if electronic filing is available in their jurisdiction.
California – California Lobbyists Adjust to a World Without Handshakes and Hallway Conversations
Politico – Carla Marinucci and Jeremy White | Published: 3/18/2020
After the California General Assembly shut down due to the coronavirus pandemic, Sacramento’s powerful “third house’’ – the lobbyists, advocates, and attorneys who represent powerful interests – has had to adjust on the fly. Political influence has long relied on personal connections, face-to-face conversations, and buttonholing political players in the hallways, committee rooms, and fundraisers in and around the Capitol, and none of that can happen for now. Lawmakers, too, are adjusting to their new remote reality.
California – Political Fundraiser Admits to Delivering Bribes in L.A. City Hall Corruption Probe
Los Angeles Times – Joel Rubin, David Zahniser, and Laura Nelson | Published: 3/19/2020
A federal corruption probe into relationships between developers and Los Angeles elected officials made a major move forward with prosecutors saying a political fundraiser will plead guilty to facilitating a $500,000 bribe of an unnamed city council member. Justin Jangwoo Kim will plead guilty to a single count of federal program bribery and will cooperate in the continuing City Hall corruption probe. Prosecutors said Kim facilitated a $500,000 cash payment to the unnamed council member in a developer’s effort to resolve a labor group’s environmental challenge to a major real estate project. The council member is referred to only as a member of the powerful Planning and Land Use Management Committee.
Connecticut – Political Gift Limits Suspended in Latest Coronavirus Order
Stamford Advocate – Ken Dixon | Published: 3/23/2020
The latest executive order from Connecticut Gov. Ned Lamont suspends limitations on gifts that were enacted after the corruption scandal that sent former Gov. John Rowland to prison in 2005. It also takes limits off political campaign contributions. Peter Lewandowski, executive director of the Office of State Ethics, said while the governor’s order falls outside the jurisdiction of his agency, it appears to apply only to large state contractor gifts. Those contractors who contributed in current or recent election cycles could have fallen into a legal limbo if the new executive order had not been addressed.
Georgia – Loeffler Stock Trades Roil Georgia Special Election
Politico – James Arkin | Published: 3/21/2020
One of Kelly Loeffler’s most appealing traits to Republicans who embraced her for a coveted U.S. Senate appointment – her ability to self-fund a competitive election this fall through immense wealth – is suddenly looking like a serious liability for her and the GOP. Loeffler’s rivals in a special election pounced on revelations that the recently appointed senator dumped millions of dollars in stocks after a classified Covid-19 briefing in January, damaging her bid against a formidable GOP opponent in U.S. Rep. Doug Collins, a close ally of President Trump. Collins is seizing on the stock trades by Loeffler, who is married to the head of the New York Stock Exchange.
Indiana – All Indiana Voters Can Choose to Cast Ballot by Mail for June 2 Primary Election
Northwest Indiana Times – Dan Carden | Published: 3/25/2020
All Indiana voters have the option to cast their ballot by mail in the upcoming primary election to minimize the potential spread of COVID-19. The Indiana Election Commission authorized “no excuse” absentee voting by mail for this election only, along with numerous other temporary changes to accommodate Gov. Eric Holcomb’s decision to shift the state’s primary to June 2 from May 5 Vote by mail typically only is available to Hoosiers who satisfy at least one of 11 statutory excuses for being unable to get to their polling place on Election Day.
Kentucky – As Coronavirus Creates ‘Unprecedented Obstacles’ to Voting, Kentucky GOP Takes Step to Add Another: Voter ID
Washington Post – Isaac Stanley-Becker | Published: 3/20/2020
As states across the country took steps to make voting to make voting easier in light of the coronavirus pandemic, the Republican-controlled Legislature in Kentucky approved a new measure requiring a government-issued photo ID to vote, prompting an outcry from voting-rights groups. Gov. Andy Beshear has 10 days to decide whether to sign or veto the bill. Beshear, who restored voting rights to former felons in an executive order days after he took office, previously said he opposed “unnecessary roadblocks” to voting. But the governor’s power to block the measure, which would go into effect for the November election, is limited.
Maine – Maine Expands Campaign Finance Laws About PACs in State
AP News – Staff | Published: 3/24/2020
A new law in Maine defines caucus political action committees as subject to the same rules as other PACs. Supporters said the rule change means the state’s ethics commission will be able to fully enforce ethics rules about PACs that are led by legislators. The law takes effect on June 16.
Maryland – Baltimore Comptroller Pratt Repeatedly Voted to Approve Spending for Groups on ‘Abstentions List,’ Report Finds
Baltimore Sun – Talia Richman | Published: 3/19/2020
Baltimore Comptroller Joan Pratt voted 30 times in three years to approve city spending on organizations with which she appeared to have a connection, a review from the Office of the Inspector General found. Pratt, a member of the city’s powerful spending board, maintained an evolving “abstentions list,” noting companies and organizations with which she is affiliated. Each of the board’s five members have had such a list and used it to refrain from voting on items for which they may have a conflict-of-interest.
Michigan – Ballot Drive to Change Michigan Lobbying Laws Suspended Due to Coronavirus Pandemic
MLive.com – Lauren Gibbon | Published: 3/20/2020
The group behind a ballot petition drive to change Michigan lobbying laws announced it was suspending the effort, citing the COVID-19 pandemic as the cause. The Coalition to Close Lansing Loopholes said they were postponing the campaign until the 2022 election cycle. The coronavirus “has made the already difficult task of collecting more than 425,000 signatures to put lobby reform on the ballot in 2020 a relatively impossible one,” the group said in a statement. Getting a citizen-led initiative on the ballot typically requires in-person contact all over the state as volunteers or paid signature gatherers collect hundreds of thousands of signatures.
Minnesota – In ‘the Cathedral of Hockey,’ Bipartisanship Still Exists in Minnesota
Minneapolis Star Tribune – Briana Bierschbach | Published: 3/20/2020
It is not their usual scene in St. Paul, but for decades, a group of current and former legislators, lobbyists, staffers, state employees, and anyone else they could persuade to show up have gathered every Sunday during the legislative session for a game of ice hockey. Somehow the tradition has survived contentious budget fights, government shutdowns, and increasingly divisive state and national politics. It has outlasted at least three Minnesota governors who have played on the team, too.
Montana – State GOP Spent $100k to Qualify Montana Green Party for the Ballot
Helena Independent Record – Holly Michels | Published: 3/24/2020
The Montana Republican Party bankrolled the signature-gathering effort to get the Montana Green Party certified for the 2020 election ballot, an official for a political committee said. Democrats, who had asked the state commissioner of political practices to find out who paid for the signature gathering effort, immediately accused the GOP of election fraud and of propping up a leftist political party as a means to siphon votes from Democratic candidates this fall.
New Jersey – Belmar Mayor, Three Council Members Repay Questioned Campaign Gifts After Dispute
Asbury Park Press – Ken Serrano | Published: 3/25/2020
The mayor of Belmar, New Jersey, and three council members returned campaign contributions after a resident questioned whether the donations violated the borough’s “pay-to-play” ordinance that seeks to limit the role of money in politics. Borough attorney Jerry Dasti said it was debatable whether the officials violated the ordinance, but they returned the money anyway. An expert on “pay-to-play laws” said the elected officials’ actions were a clear breach of the ordinance.
New Jersey – Sparta BOE in Flap Over Promotion of Member’s Son
New Jersey Herald – Eric Obernauer | Published: 3/19/2020
A school board member in Sparta, New Jersey resigned her seat after admitting she voted on a new contract and pay increase for Superintendent Michael Rossi in the fall while her son was employed in the school district as a substitute custodian, an action that was followed by her son’s promotion to a full-time $36,000-a-year custodian’s position that the board rescinded. Karen Scott acknowledged she also neglected to disclose the employment of her son in the district on her 2019 and 2020 personal disclosure forms, which all school board members and administrators must file annually with the state School Ethics Commission, after having previously included it on her 2018 form.
New Jersey – State Ethics Commission Recommends Removal of Paterson BOE Member Emanuel Capers Over Arizona Trip
Paterson Times – Jayed Rahman | Published: 3/20/2020
The New Jersey School Ethics Commission recommended the removal of Paterson school board member Emanuel Capers for taking an all-expense paid trip to Arizona. Ethics officials rejected Administrative Law Judge Kimberly Moss’s legal conclusions that absolved Capers in December 2019. Moss had ruled Capers did not violate any provisions of the ethics code for school board members. Capers attended the Effective Schools Conference in 2018 paid for by Apple co-founder Steve Wozniak’s education company Woz U. Capers has argued he is not a school district employee, but an elected official.
New York – Nassau Inspector General: Courthouse contractor did not ID key principals
Newsday – Scott Eidler | Published: 3/21/2020
Nassau County Inspector General Jodi Franzese questioned the “business integrity” of the company that won an $85.6 million construction contract for the new Family and Matrimonial Court building in Mineola in Mineola because it failed to identify key officials or disclose campaign contributions they made. Citing requirements in a county law enacted after contracting scandals involving former Nassau County Executive Edward Mangano and former Senate Majority Leader Dean Skelos, the report said Antonios Vournou and Jenny Sakalis failed to identify themselves as principals of E & A Restoration when they bid on county contracts.
Ohio – Ohio Lawmakers Sets All-Mail Primary Election Through April 28; Legal Challenge Still Possible
Cleveland Plain Dealer – Andrew Tobias | Published: 3/25/2020
Ohio lawmakers approved a plan for an all-mail primary election running through April 28, the Legislature’s fix to wrap things up after the original March 17 Election Day was canceled due to the coronavirus pandemic. The plan would send postcards to every Ohioan with instructions on how to apply for an absentee ballot. Anyone who has not cast an early ballot already would have to print off a paper application, or call their county elections and request one be mailed to them, and mail it in. Elections officials then would mail an empty ballot with a postage-paid envelope. Voters would have until April 27 to mail it back or drop it off at a curbside county ballot box, and votes would be counted on April 28. But it might not be the last legal word on the issue.
Rhode Island – Rhode Island Presidential Primary Moving to June 2
WPRI – Steph Machado | Published: 3/23/2020
After the Rhode Island Board of Elections voted to move the state’s presidential primary from April 28 to June 2, Gov. Gina Raimondo said she would sign an executive order to move the date of the primary, which will take place mostly by mail. Secretary of State Nellie Gorbea had initially asked the elections board to keep the primary on April 28 but do it mostly by mail-in ballots. But elections board staffers expressed concern there would not be enough time to distribute mail ballots and certify the large influx before April 28. The Board of Elections instead voted to delay the primary in order to have more time to prepare to hold it mostly by mail.
Texas – Texas Delaying May Primary Runoff Elections in Response to Coronavirus
Texas Tribune – Alexa Ura | Published: 3/20/2020
The May 26 primary election runoffs in Texas will be delayed until July in response to the growing outbreak of the coronavirus under an order signed by Gov. Greg Abbott. Dozens of runoffs are ongoing for party nominations to congressional and local offices. The elections are now scheduled for July 14; early voting will begin July 6.
Texas – Texas Lt. Gov. Dan Patrick Comes Under Fire for Saying Seniors Should ‘Take a Chance’ on Their Own Lives for Sake of Grandchildren During Coronavirus Crisis
Connecticut Post – Felicia Sonmez (Washington Post) | Published: 3/24/2020
Texas Lt. Gov. Dan Patrick faced a sharp backlash for suggesting older Americans should sacrifice their lives for the sake of the economy during the coronavirus pandemic, with Democrats arguing that public health should remain the country’s top priority. “Let’s get back to living,” Patrick said. “Let’s be smart about it. And those of us who are 70-plus, we’ll take care of ourselves, but don’t sacrifice the country.” Experts have warned that loosening federal guidelines for social distancing would likely accelerate the spread of the virus and put many more Americans at risk.
Utah – Former Utah Attorney General John Swallow, Ousted by Scandal, Wants His Old Post Back
Salt Lake Tribune – Benjamin Wood | Published: 3/20/2020
John Swallow – the one-time Utah attorney general, driven from office by one of the state’s largest political scandals before being acquitted at trial – is running to reclaim his former office. Swallow won the 2012 election, but days after his inauguration, The Salt Lake Tribune reported his involvement in an alleged scheme to help a friend, Jeremy Johnson, enlist then-U.S. Senate Majority Leader Harry Reid’s help to avoid criminal prosecution. Johnson secretly recorded a meeting with Swallow where they discussed the deal. Subsequently, Swallow and his predecessor, Mark Shurtleff, were accused of extorting gifts and favors. Swallow denied the allegations, which prompted a probe by state and federal investigators, as well as a separate investigation into potential election law violations by the lieutenant governor’s office.
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