The House passed legislation on October 10 to reverse the state budget bill, restoring a business tax exemption for attorneys and lobbyists.

Senate Bill 26 was originally introduced to allow educators to claim an income tax deduction for out-of-pocket classroom expenses.

The House Finance Committee approved amendments to restore the deduction for attorneys and lobbyists excluded in the two-year state operating bill tax policy of House Bill 166.

Since 2013, the state business income deduction (BID) has allowed those deriving income from any pass-through entity (e.g., LLCs, LLPs) to pay no tax on the first $250,000 of income and a flat 3% on any income above the threshold.

House Bill 166 excluded otherwise eligible income from legal services provided by an attorney or income from legislative, executive agency, or retirement system lobbying activity beginning in 2020.

Senate Bill 26 has been re-referred to the Senate for final approval.

On October 7, lawmakers in the Prince Edward Island Legislative Assembly solicited public input regarding what procedural rules they should follow.

The Standing Committee on Rules, Regulations, Private Bills and Privileges is seeking public input on the Rules of the Legislative Assembly, in particular on potential changes to the parliamentary calendar, sitting hours, and budget process.

Public comments and suggestions by individuals and organizations must be in writing and submitted to the Assembly by October 25.

Gov. Gary Herbert has signed a series of bills bringing an end to the special legislative session.

The governor signed two major bills making changes to the laws governing medical cannabis and beer.

Lawmakers approved a change to allow grocery and convenience stores a one-week grace period to purchase and store 4% beer before it can be sold to customers as the cap is lifted from 3.2% beer on Nov. 1.

Additionally, legislators passed changes to the state’s medical cannabis bill.

Lawmakers officially passed a legislative fix to an issue regarding vehicle sales during Gov. Mike Parson’s special session.

The session took place from September 9 to September 16, 2019.

Currently, the value of one previously owned motor vehicle, trailer, boat, or outboard motor may be used as a deduction against the sales tax owed on the purchase of any such vehicle within 180 days before or after a taxpayer sells a previously owned vehicle.

House Bill 1 expands the deduction to include the values of one or more previously owned motor vehicles, trailers, boats, or outboard motors.

Parsons stated if he hadn’t called lawmakers to Jefferson City, thousands of people would have suffered financial loss.

The bill will take effect 90 days after receiving Gov. Parson’s signature.

The California Legislature adjourned the 2019 session on September 13.

Campaign Finance Bills Passed

The legislature passed several campaign finance bills during the session.

Assembly Bill 220 prohibits the use of campaign funds to pay for professional services not directly related to a political, legislative, or governmental purpose. The bill also authorizes the use of campaign funds to pay for child care expenses resulting from a candidate or officeholder engaging in campaign activities or performing official duties.

Assembly Bill 571 makes a technical, nonsubstantive change to a provision of the Political Reform Act of 1974. The provision prohibits candidates for elective state office or committees controlled by that candidate from making a contribution to another candidate for elective state office in excess of $3,000.

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

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

Electioneering Bill Passed

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

Lobbying Bill Passed

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

The last day for the governor to sign or veto bills passed by the legislature during the 2019 legislative session is October 13.

National/Federal

At the Bedraggled FEC, a Clean Slate of Leaders? The First African-American Commissioner?
Center for Public Integrity – Dave Levinthal | Published: 9/11/2019

The FEC no longer has enough members to conduct high-level business. The U.S. Senate and President Trump could easily appoint new commissioners and soon end the agency’s involuntary trip through limbo. Senate Democrats have recommended Shana Broussard, an attorney and executive assistant to longtime Commissioner Steven Walther, to Trump for nomination. Meanwhile, the Republican-controlled Senate could at any moment consider Trump’s lone FEC nominee to date, Trey Trainor, who has languished for nearly two years without even a confirmation hearing. But there is disagreement among Senate Republicans and Democrats, as well as the White House, on how to proceed. FEC Chairperson Ellen Weintraub said the agency’s more than 300 employees are attending to their work the best they can.

FEMA Officials Accused of Bribery, Fraud in Hurricane Maria Relief
MSN – Rick Jarvis (USA Today) | Published: 9/10/2019

Two former officials of the Federal Emergency Management Agency (FEMA) and the former president of an energy contractor were arrested, accused of bribery and wire fraud while trying to restore electricity to Puerto Rico in the wake of Hurricane Maria. Prosecutors said the president of Cobra Acquisitions, Donald Keith Ellison, gave FEMA’s deputy regional director airline flights, hotel accommodations, personal security services, and the use of a credit card. In return, Ahsha Nateef Tribble “used any opportunity she had to benefit Cobra,” said U.S. Attorney Rosa Emilia Rodríguez, including accelerating payments to the company and pressuring power authority officials to award it contracts.

Harsh Spotlight on Trump Donors Raises Disclosure Questions
Danbury News Times – Michelle Ye Hee Lee (Washington Post) | Published: 9/10/2019

Critics of President Trump are taking aim at his campaign donors, who have become the subject of social media attacks from liberals when their identities become public. A large amount of information about donors is available publicly, a result of laws intended to serve as a check on corrupting influences on politicians. Campaigns and committees are required to turn over the name, address, job title, employer, and donation amount of anyone giving at least $200. The information is published on the FEC’s website. Some transparency advocates worry the increasing attacks on donors could spark a backlash against the disclosure of information. They fear the attacks will discourage voters from giving or steer them into contributing to political nonprofit groups that are not required to disclose their donors.

How Elizabeth Warren Raised Big Money Before She Denounced Big Money
MSN – Shane Goldmacher (New York Times) | Published: 9/9/2019

Early this year, U.S. Sen. Elizabeth Warren vowed not to attend private fundraisers or call rich donors anymore. Admirers and activists praised her stand, but few noted the fact that she had built a financial cushion by pocketing big checks the years before. The open secret of Warren’s campaign is that her big-money fundraising through 2018 helped lay the foundation for her anti-big-money run for the presidency. Last winter and spring, she transferred $10.4 million in leftover funds from her 2018 Senate campaign to underwrite her 2020 run, a portion of which was raised from the same donor class she is now running against. As Warren has risen in the polls on her populist and anti-corruption message, some donors and, privately, opponents are chafing at her campaign’s purity claims of being “100 percent grassroots funded.”

IRS Issues Proposed Rules to Reduce Donor Disclosure Requirements Following Court Ruling
The Hill – Naomi Jagoda | Published: 9/6/2019

The Treasury Department and IRS issued proposed rules to reduce donor disclosure requirements for certain tax-exempt groups after a federal judge set aside guidance the agencies had previously released on the topic because it had not gone through a notice and comment period. Under the proposed rules, certain tax-exempt groups – including groups such as the National Rifle Association, as well as labor unions and business leagues – would no longer be required to provide the names and addresses of major donors on annual tax forms. Charities that have tax-exempt status under section 501(c)(3) of the tax code, as well as political organizations, would still be required to report the names and addresses of donors.

Mayors Are Harassed and Threatened, But Just How Often?
Governing – Mike Maciag | Published: 9/1/2019

Demeaning comments, harassment and, less commonly, threats of violence all come with the job of being a mayor. A new national survey assesses how frequently mayors experience various forms of abuse. The survey, the basis of a study published in the journal State and Local Government Review, finds most mayors contend with verbal hostility or physical intimidation at rates above those of the general workforce. Disrespectful comments or images on social media were by far the most frequent means of abuse. More serious acts of violence were far less common. About 11 percent of mayors reported property damage.

Nevada, SC, Kansas GOP Drop Presidential Nomination Votes
AP News – Meg Kinnard | Published: 9/7/2019

Republican leaders in Nevada, South Carolina, and Kansas have voted to scrap their presidential nominating contests in 2020, erecting more hurdles for the long-shot candidates challenging President Trump. Primary challenges to incumbents are rarely successful, and Trump’s poll numbers among Republican voters have proved resilient. Nonetheless, Trump aides are looking to prevent a repeat of the convention discord that highlighted the electoral weaknesses of Presidents George H.W. Bush and Jimmy Carter in their failed reelection campaigns.

Redistricting Fights Rage with Future of Congress at Stake
The Hill – Reid Wilson | Published: 9/6/2019

Strategists and observers who track state legislative races say tensions are already running at election-year levels, a reflection of the unusually high stakes in contests that immediately precede the decennial redistricting cycle. The difference between just a handful of local elections across the country could mean a long-term shift in partisan control of Congress. If one party makes big gains in state Legislatures, they would have the power to use the decennial reapportionment and redistricting process to substantially alter the partisan makeup of Congress. The high stakes in states across the country are reminiscent of the 2010 election, which became a Republican wave that swept the GOP to power and handed them control of the redistricting process.

Retiring Lawmakers Will Face Tough Market on K Street
Roll Call – Kate Ackley | Published: 9/9/2019

K Street recruiters are poring over the list of 21, and counting, lawmakers planning to exit Congress, but the lobbying sector may offer a shrinking supply of big-money gigs heading into the 2020 elections. As more House members and senators consider making their escape from Capitol Hill, the realities of the K Street economy and the “revolving door” will be among their considerations, say insiders at lobbying firms and headhunters. Those who make hiring decisions on K Street say ex-lawmakers can sometimes struggle in the lobbying sector where they no longer receive the trappings that come with elective office, such as a team of staff members. Many former members also balk, at least initially, at the idea of registering as a federal lobbyist or foreign agent, setting out limitations that firms find increasingly frustrating. In most cases, it is the congressional staff members that K Street really clamors for.

Trump Had Deal with Scotland Airport That Sent Flight Crews to His Resort
MSN – Eric Lipton (New York Times) | Published: 9/9/2019

President Trump sought to tamp down a growing controversy over a stay at his golf resort in Scotland by U.S. military personnel who were traveling through the local airport in March. He said he was not involved in any decision to put an Air Force flight crew at the resort, known as Trump Turnberry. But documents obtained from Scottish government agencies show the Trump Organization, and Trump himself, played a direct role in setting up an arrangement between the Turnberry resort and officials at Glasgow Prestwick Airport. The government records show the Trump organization, starting in 2014, entered a partnership with the airport to try to increase private and commercial air traffic to the region.

From the States and Municipalities

Arizona – Some Push for Scottsdale to End Prayer at Council Meetings Amid Legal Showdown with Satanists
Arizona Republic – Lorraine Lonhi | Published: 9/10/2019

A Scottsdale resident and activists petitioned a city commission to recommend replacing invocations with moments of silence at city council meetings. The move comes as Scottsdale and Satanists are locked in a legal battle over the city’s decision three years ago to block Satanists from leading a council meeting invocation. The Satanic Temple, an international Satanist group, has been asking city councils across the country to lead their invocations for several years. Some cities, such as Pensacola, Florida, allowed Satanists to give the invocations, but faced public backlash. Scottsdale resident Sandy Schenkat said she has asked the Human Relations Commission three times this year to recommend that council adopt a moment of silence in place of invocations, but her requests have gone ignored.

California – Ex-Palm Springs Mayor Steve Pougnet, Developers Due in Court After Grand Jury Indictment
Palm Springs Desert Sun – Christopher Damien | Published: 9/11/2019

Former Palm Springs Mayor Steve Pougnet and developers John Wessman and Richard Meaney will be arraigned following their indictments in connection with a long-running corruption case. More than four years have passed since agents from the FBI, IRS, and the Riverside County district attorney’s office raided Palm Springs City Hall. In bringing charges against the three men in 2017, the district attorney alleged Pougnet accepted bribes in exchange for city council votes and contracts in favor of their projects. The three have previously pleaded not guilty. If found guilty, Pougnet could be sentenced to as much as 19 years in prison, while the developers, if convicted, could face up to 12 years in prison each.

California – Insider Lunch and a London Party: California Democrat cozied up to industry he regulates
MSN – Hannah Wiley (Sacramento Bee) | Published: 9/10/2019

Three months after taking office, California Insurance Commissioner Ricardo Lara scheduled a lunch with insurance company executives with a pending matter before his department. A memo to Lara said the meeting had a specific purpose: “Relationship Building to benefit Ricardo Lara for Insurance Commissioner 2022.” He pledged not to take money from the insurance industry as he ran for the post but broke his promise this year by accepting more than $50,000 from insurance representatives and their spouses. Some of the money came from donors who ties to one of the companies scheduled to be represented at the lunch. Social media posts show Lara also counts insurance lobbyists among his friends. He partied with a Farmers Insurance lobbyist on New Year’s Eve a week before his inauguration.

California – Insurance Commissioner Charging Rent for Second Residence to Taxpayers
Politico – Carla Marinucci and Angela Hart | Published: 9/5/2019

California Insurance Commissioner Ricardo Lara has stuck taxpayers with thousands of dollars in bills to cover the cost of renting an apartment in Sacramento while he maintains his primary residence in Los Angeles, a break from other statewide elected officials that is alarming ethics watchdogs. Lara is already under scrutiny for his campaign fundraising and perceived coziness with the insurance industry. Lara spokesperson Michael Soller said Department of Insurance legal counsel concluded Lara’s rental expenses comply with state law because he only bills taxpayers for days spent in Sacramento. Soller declined to provide the legal memo or the name of the lawyer.

Colorado – Chief Storytellers: Community engagement or PR?
Governing – Graham Vyse | Published: 8/29/2019

It looked like a conventional public meeting as a city employee in Denver stood before half a dozen people in a community center. Yet this was not a typical community forum, and Rowena Alegría was not a typical city employee. “I am the chief storyteller for the city and county of Denver,” she told the group, and she had come for one of her regular “storytelling labs.” They are a chance for residents to record personal stories about their city, using text, audio, and video to help local government preserve community history. Denver’s alternative paper Westword called into question how the chief storyteller “just happens to be a former Mayor Michael] Hancock aide,” raising concerns that she was running “a taxpayer-funded office designed to polish PR for Denver.” But Alegría is quick to say her storytelling is “community engagement, not PR.”

Connecticut – State Employee Fined for Hiring Daughter for Temporary Summer Job
Hartford Courant – Russell Blair | Published: 9/9/2019

A former Connecticut Department of Public Health (DPH) employee was fined $2,500 for using her position to hire her daughter for a temporary summer job and failing to disclose the conflict-of-interest. Andrea Lombard was an epidemiologist in the hepatitis C program at DPH. In the summer of 2018, DPH was looking to fill administrative assistant positions in the program and hired an outside vendor to help with process. Lombard’s daughter became a candidate for one of those positions and she personally selected her daughter to fill one of the positions. While her daughter was employed, Lombard directly supervised her, including assigning and evaluating her work, approving her timecards, and approving overtime.

Florida – Broward Lawmaker in Line to Lead Senate Democrats Is in Relationship with Lobbyist Paid to Influence Florida Legislature
South Florida Sun Sentinel – Anthony Man | Published: 9/9/2019

Florida Sen. Gary Farmer, chosen by his colleagues to be the Democratic Party leader after the 2020 elections, recently told them he has been involved with a woman who lobbies the state Legislature. Florida law and Senate rules do not ban such relationships. A senator cannot “vote on any matter that the officer knows would inure to his or her special private gain or loss.” Senate rules require disclosure of a conflict if the special private gain or loss applies to an immediate family member or business associate.

Florida – NRA’s Marion Hammer Got Illegal Loans from Nonprofit She Runs, Unified Sportsmen of Florida
Florida Bulldog – Dan Christensen | Published: 9/6/2019

National Rifle Association (NRA) lobbyist Marion Hammer obtained several apparently illegal loans over the years from Unified Sportsmen of Florida, the Tallahassee nonprofit she founded and runs. The most recent loan in 2017, for $200,000, was given to Hammer, who earns $110,000-a-year as the group’s executive director, so she could “refinance and purchase” real estate, according to Unified Sportsmen’s regulatory filings. Florida law prohibits not-for-profit corporations like Unified Sportsmen from loaning money to their directors or officers. And while Unified Sportsmen solicits contributions from the public, the state Department of Agriculture and Consumer Services has not made it register, disclose certain information, or pay fees as the law requires of nonprofits.

Illinois – Watchdog Accuses County Clerk Karen Yarbrough of Running ‘Illegal Patronage’ Operation, Wants Court Oversight
Chicago Tribune – Ray Long | Published: 9/11/2019

Less than a year into office, Cook County Clerk Karen Yarbrough faces potential federal court oversight of hiring amid a watchdog’s accusations that she is “running an illegal patronage employment system.” Veteran anti-patronage attorney Michael Shakman said in a new legal filing that Yarbrough has put the politically connected into jobs that are supposed to be free from such influence, asked her employees for campaign contributions on their private cellphones and transferred certain supervisors to far-flung offices in hopes they would quit. Yarbrough, who was under federal court oversight in her previous job as recorder of deeds, called Shakman’s latest allegations “preposterous.”

Iowa – A Family Affair: As their parents campaign in Iowa, kids of 2020 candidates get a taste of the trail
Des Moines Register – Ian Richardson | Published: 9/5/2019

As 2020 presidential hopefuls traversed Iowa this summer to woo voters, their families have often tagged along for the ride. Candidates say bringing their families along helps them spend more time with them during their grueling campaign schedules. It also gives Iowans a more up-close look at the candidates’ personal lives, which can make them more relatable in a process that puts a high value on person-to-person interaction. Even when their kids are not around, the children of candidates make frequent appearances in their speeches, with candidates sharing the impact they have made on their policies like health care and childcare.

Kentucky – Gov. Bevin Asks Kentucky Supreme Court to Remove Judge from Case over Facebook ‘Like’
Louisville Courier-Journal – Phillip Bailey | Published: 9/11/2019

Gov. Matt Bevin wants the Kentucky Supreme Court to remove Franklin Circuit Court Judge Phillip Shepherd from hearing the teacher “sickout” lawsuit, saying he is too biased to preside over the case. The governor’s legal team says the integrity of the state’s judicial branch is on the line and requests Chief Justice John Minton appoint a special judge. The Bevin administration points to an August Facebook post Shepherd “liked” that praises campaign volunteers for Andy Beshear, who is running against Bevin in the fall election. Bevin used Twitter to slam Shepherd for “his blatant partisan support for Democrats.” Shepherd declined to remove himself from the case, saying he had liked posts from Republicans and was supporting the political process in general.

Massachusetts – Mayor Charged with Taking Bribes to Help Pot Businesses
AP News – Philip Marcelo | Published: 9/6/2019

Fall River Mayor Jasiel Correia was arrested on charges he conspired to extort hundreds of thousands of dollars from companies seeking to operate marijuana businesses. Correia brazenly accepted cash bribes in exchange for issuing official letters needed to obtain a license to set up a pot business, authorities alleged. They said at least four business owners paid a total of $600,000 in bribes to the mayor, and he used the money to support a lavish lifestyle and cover mounting legal bills. Correia was already facing charges on accusations he stole investor funds. He has pleaded not guilty. The latest investigation, which also involved agents from the FBI and IRS, highlighted the potential for abuse in Massachusetts’ nascent retail marijuana industry, authorities said.

Minnesota – DFL Lawmaker Resigns from University of Minnesota Post After Questions About Hiring
Minneapolis Star Tribune – Torey Van Oot | Published: 9/11/2019

State Rep. Jamie Long announced he is resigning from a paid fellowship at the University of Minnesota after Republicans raised questions about preferential treatment in filling the post. Long accepted a seven-month research fellowship at the Institute on the Environment’s Energy Transition Lab in July. The $50,000 temporary role was set to end just after the Legislature returns to work in February. In a statement announcing his resignation, Long, an attorney, said he was “honored” to accept the job after “a competitive public hiring process.” He cited his long history of working on environmental and climate issues. But e-mails and internal documents show Long and Ellen Anderson, a former state senator now at the helm of the Energy Transition Lab, discussed creating the position months before it was publicly posted.

Missouri – Parson’s Longtime Friend Is a Lobbyist, and Their Money Ties Could Cloud Governor’s Bid
Kansas City Star – Jason Hancock and Crystal Thomas | Published: 9/8/2019

As Missouri Gov. Mike Parson kicks off his quest to win a full term as governor, his long-standing friendship and political partnership with lawmaker-turned-lobbyist Steve Tilley is once again under the microscope. So far this year, a quarter of every dollar raised to elect Parson governor in 2020 is connected to Tilley. A large part of that money has come from lobbying clients engaged in industries regulated by the state agencies Parson oversees, ranging from gaming to medical marijuana to low-income housing tax credits. Before Parson took over as governor in June 2018, Tilley had 25 lobbying clients. In the year since Parson took the oath of office, that number has ballooned to more than 70.

Missouri – Stenger’s Former Right-Hand Man Gets 15 Months in Prison for His Role in Pay-To-Play Scheme
St. Louis Public Radio – Rachel Lippmann | Published: 9/6/2019

William Miller, the chief of staff to disgraced former St. Louis County Executive Steve Stenger, was sentenced to 15 months in prison for working to make sure a campaign donor to Stenger got a lobbying contract. Miller had pleaded guilty to aiding and abetting bribery. The prosecution’s sentencing memo outlines several instances in which Miller used his clout as chief of staff to bully and threaten lower-level employees into doing Stenger’s bidding. By contrast, Miller’s attorney, Larry Hale, portrayed Miller as someone who was simply following the orders of Stenger, a “vindictive person known to threaten to terminate or otherwise punish those who did not follow his directives.”

Montana – Court Strikes Down Montana Law Barring Political Robocalls
AP News – Matt Volz | Published: 9/10/2019

A three-judge panel of the Ninth U.S. Circuit Court of Appeals ruled Montana cannot ban political robocalls based on their content alone, marking the latest in a string of court decisions against states that attempt to restrict automated phone calls promoting political campaigns. The judges said Montana’s law is a violation of the First Amendment’s free-speech protections. The court has previously upheld other state laws that regulate robocalls, such as those that aim to protect consumers from scams, but those laws were based on how robocalls are made and not on what they say, the judges said.

Montana – Montana Ethics Chief Recommends Bringing Lobbying Code ‘Into the 21st Century’
Bozeman Daily Chronicle – Eric Dietrich (Montana Free Press) | Published: 9/5/2019

Montana Commissioner of Political Practices Jeff Mangan told a legislative committee that lawmakers should consider updating state lobbying rules to bring them “into the 21st century” by, for instance, requiring electronic filing for lobbying reports and clarifying whether regulations apply to grassroots lobbying like social media campaigns. “You will find the word ‘telegraph’ in the current code as far as what lobbyists should be reporting, telephone and telegraph expenses; you won’t find the word ‘internet’ in there,” Mangan said. Lawmakers on the State Administration and Veterans’ Affairs Committee voiced concern about the cost of administering new lobbying regulations but voted to study the issue and potentially draft bills for consideration in the 2021 Legislature.

New Jersey – ACLU Files Suit in Favor of ‘Dark Money,’ Says Donors Should Be Able to Give Money Anonymously
Newark Star Ledger – Ted Sherman (NJ Advance Media) | Published: 9/10/2019

The American Civil Liberties Union (ACLU) went to federal court seeking to overturn a law that would require political organizations that accept so-called dark money in New Jersey to disclose their donors. The ACLU said the law violates the First and Fourteenth Amendments and called for an order to restrain the state from enforcing the act. Gov. Phil Murphy signed the bill into law despite his reservations over its constitutionality. The law requires independent expenditure commissioners to publicly disclose donors contributing more than $10,000 to the organization and bar any person who chairs a political party committee or a legislative leadership committee from serving as that committee’s chairperson or treasurer. The ACLU argued it would fall under the restrictions, and said because it often works on controversial issues of public interest, many of its donors avail themselves of anonymity.

New York – Alleged Rape Victim’s Case Shakes Up JCOPE
Albany Times Union – Chris Bragg | Published: 9/10/2019

The normally staid monthly meeting of the New York Joint Commission on Public Ethics (JCOPE) featured a first: two women dressed in red cloaks and white wimples stationed outside the agency’s offices, reading a satiric children’s book detailing the panel’s alleged failings. The protest, with costumes inspired by the novel “The Handmaid’s Tale,” was organized by Kat Sullivan, an alleged rape survivor who has been targeted for possible lobbying violations while advocating for passage of the Child Victim’s Act. Sullivan took out ads on billboards criticizing the state’s molestation laws. JCOPE determined the billboards amounted to lobbying and threatened Sullivan with fines if she refused to pay the registration fee. Sullivan’s attorney went before JCOPE to demand that it drop the case against Sullivan since she did not spend enough on the billboards to qualify as a lobbyist under state law.

New York – Marijuana Legalization Opponent Directed to Identify Donors
Albany Times Union – David Lombardo | Published: 9/10/2019

The Joint Commission on Public Ethics (JCOPE) denied a request from the New York chapter of Smart Approaches to Marijuana (SAM-NY) to keep its donors private. SAM-NY contended it should be exempt from the state’s semi-annual disclosure because its supporters would be subject to harassment and economic reprisal if they were identified. New York law has a blanket disclosure exemption for charitable organizations engaged in lobbying, including the pro-legalization Drug Policy Alliance. JCOPE has denied disclosure exemption requests in the past from the New York Civil Liberties Union, New Yorkers for Constitutional Freedoms, and Family Planning Advocates of New York, only to have those decisions overturned by a judicial hearing officer, who described the rulings as “clearly erroneous.”

North Carolina – Dan Bishop, North Carolina Republican, Wins Special Election
MSN – Richard Fausset and Jonathan Martin (New York Times) | Published: 9/10/2019

Dan Bishop, a Republican state senator, scored a narrow victory in a special U.S. House election in North Carolina that demonstrated President Trump’s appeal with his political base but also highlighted his party’s deepening unpopularity with suburban voters. Bishop defeated Dan McCready, a moderate Democrat, by two percentage points in a district Trump carried by nearly 12 points in 2016. The fight for the Ninth Congressional District also brought to an end a tortured political drama: The 2018 midterm race for the seat, in which McCready barely lost against a different Republican, was in question for months because of evidence of election fraud on the GOP side. The election was finally thrown out, an embarrassing conclusion for state Republicans who had carved the lines of the deeply red district.

North Carolina – House Overrides Budget Veto in Surprise Vote with Almost Half of Lawmakers Absent
Raleigh News and Observer – Dawn Baumgartner Vaughan, Loren Horsch, and Paul Specht | Published: 9/11/2019

Republican lawmakers in North Carolina abruptly voted to override Democratic Gov. Roy Cooper’s veto of the state budget, sparking chaos in the chamber by bypassing Democratic lawmakers. Democrats said they did not expect a voting session that morning. Only 12 Democrats were present, and only nine voted, with several not even at their seats, party leader said. Cooper accused Republicans of pulling “their most deceptive stunt yet” at a time when many North Carolinians were focused on honoring those killed in the September 11 attacks, though it was not clear how many lawmakers may have been attending memorials. The override is not complete as the Senate still must hold a vote on the issue, but Republicans there need only one Democrat to join them to secure victory.

North Dakota – Little to No Business for North Dakota State Ethics Boards in Recent Years
Bismarck Tribune – Jack Dura | Published: 9/11/2019

North Dakota’s new Ethics Commission is preparing to meet for the first time. Other state ethics have taken up little to no business in recent years. State lawmakers have an ethics committee, but there is no indication it has ever met. The new five-member commission is tasked with investigating ethics complaints against elected state officials, candidates for office, and lobbyists, and is expected to write its own administrative rules. Senate Majority Leader Rich Wardner said the lack of ethics meetings and complaints indicates nothing has risen to the level of a perceived violation. “I think overall most legislators pull a pretty fine line and stay away from stuff like that, and so I appreciate that as leader,” Wardner said.

Oregon – Campaign Money Limits in 2020? Oregon Supreme Court Leaves Possibility Open
Portland Oregonian – Rob Davis | Published: 9/5/2019

The Oregon Supreme Court rejected a request to delay arguments in a major campaign finance case, a decision that leaves open the possibility that political donations could be capped in statewide races next year, even though lawmakers have stumbled in their own attempts to set them. Business groups wanted the court to postpone hearing a case to decide the legality of limits adopted by Multnomah County voters in 2016. The groups argued it was inappropriate for the court to rule on limits with voters set to do the same thing next November. Supporters of limits characterized the request as an attempt to allow unlimited contributions to dominate another election cycle. Chief Justice Martha Walters denied the industry groups’ request without specifying why.

Oregon – Oregon Open Records Bill Dies After Governor’s Staff Privately Contradicts Her Transparency Pledge, Documents Show
Portland Oregonian – Molly Young | Published: 9/11/2019

Top staffers for Gov. Kate Brown privately worked against a pro-transparency bill that ultimately failed in June, according to records released by Oregon’s public records advocate in the wake of her resignation. Brown has pledged to increase transparency under her watch since she was sworn in as governor in 2015. Yet memos and emails show staffers and lobbyists working on her behalf opposed a proposal to make state agencies track and disclose information about records requests they receive from the public. The documents say Brown’s staffers told public records advocate Ginger McCall her work to support the bill contradicted the governor’s interests and was a bad idea. Then, by action or inaction, Brown’s office got in the way of the bill’s progress while publicly maintaining its support for transparency and the concept of government accountability.

Pennsylvania – Deal to End Ex-Philly Deputy Mayor’s Bribery Case with One-Year Sentence Crumbles in Court
Philadelphia Inquirer – Jeremy Roebuck | Published: 9/5/2019

After his conviction for bribing then-U.S. Rep. Chaka Fattah was overturned, former Philadelphia Deputy Mayor Herbert Vederman made a deal with the Justice Department that would send him to prison for only one year – half of what he originally had received – instead of risking a second trial. But U.S. District Court Judge Harvey Bartle III had other ideas. Calling the agreement “far too lenient” and “not just,” the judge rejected the proposal and ordered Vederman, whom prosecutors once described as Fattah’s “human ATM machine,” to spend two years in prison. The turn of events capped what already had been an unusual proceeding that brought into the open rarely seen discord between Justice Department officials in Washington, D.C. and their local counterparts.

Rhode Island – Rhode Island House Employee Has Sexual Assault Conviction, Records Show
Boston Globe – Edward Fitzpatrick | Published: 9/9/2019

A former police sergeant who was convicted of committing sexual assault while in uniform in the 1980s has been employed by the Rhode Island Legislature for more than a decade. Michael Burke, a former North Kingstown police officer who served prison time on two counts of first-degree sexual assault, has worked as “manager of House operations” since 2007 but is now out on workers’ compensation. The House speaker when Burke was hired, William Murphy, said Burke was recommended to him by a former state representative, whom he declined to identify, and he interviewed Burke. “I gave him a second chance,” Murphy said. “When I was speaker, he always comported himself as a gentleman in the statehouse. I never received any complaint about him. … I am glad I gave Mr. Burke a second chance.”

Tennessee – Rep. Andrew Farmer Changes Billboards Over Concerns He Used His Elected Office to Promote Private Business
Knoxville News Sentinel – Joel Ebert (The Tennessean) | Published: 9/9/2019

Earlier this year, Rep. Andrew Farmer changed billboards for his personal business over concerns from residents he was using his elected office to benefit his law firm. Farmer has several billboards in East Tennessee for his law firm, which provides criminal defense and personal injury services.  One of the billboards read, “Who better to argue the law than an actual lawmaker?” Paying for the billboards for his personal business out of campaign money would be illegal. Farmer said he does not use his position as a lawmaker to help attract more clients or influence the outcome of cases.

Tennessee – Tennessee Campaign Finance Officials Urge Revamp of Website, More Auditors to Scrutinize Lawmaker Spending
The Tennessean – Joel Ebert | Published: 9/11/2019

State watchdogs want to revamp Tennessee’s campaign finance reporting website and hire additional auditors. The Registry of Election Finance approved a plan to start talks with the secretary of state’s office about updating its website, which provides the public and the media a view into the activities of candidates. After discovering the Bureau of Ethics and Campaign Finance had more than $1 million available in reserves, registry board member Tom Lawless suggested an update to the state’s website is necessary. Registry Auditor Jay Moeck said he is currently unable to fulfill 18 outstanding audits before the end of the year. He was tasked with coming up with hiring recommendations prior to the panel’s November meeting.

Texas – New Disclosures Show Texas Sen. Royce West Making Big Bucks from Government Contracts
Texas Tribune – Jay Root | Published: 9/5/2019

For years, Texas Sen. Royce West raked in millions of dollars in legal fees representing governmental entities such as the Dallas and Houston independent school districts, metropolitan transportation agencies, and major Texas cities, sparking criticism he is using his influence as a state lawmaker to score business deals average citizens cannot get. Until now, it was nearly impossible for voters to quantify the number of governmental contracting deals or estimate how much he has been personally making from his private business interests. But because West running for the U.S. Senate, which requires more robust disclosure than Texas, he is finally pulling back the curtain on his considerable wealth.

On September 5, Gov. Gavin Newsom was presented with a bill codifying several current lobbying regulations into law.

Assembly Bill 902 codifies lobbyist regulations regarding filing deadlines, bookkeeping, and lobbyist registration.

If signed by the governor, the bill takes effect on January 1, 2020.

The Legislative Ethics Commission unanimously recommended that the 2020 General Assembly pass legislation prohibiting legislators and lobbyists from engaging in sexual and workplace harassment against legislative employees, other legislators, and lobbyists.

In past cases involving allegations of sexual harassment, the commission has followed more general ethics laws relating to the misuse of office.

The recommended change would add specific workplace protections into the legislative ethics law and categorize sexual harassment as ethical misconduct, punishable by fines or other sanctions.

The commission also recommended that the ethics law be amended to grant the commission the authority to adjudicate a complaint filed against a legislator, even if the legislator leaves office after the complaint is filed, as long as the complaint is based on action that occurred not more than a year prior to the day the legislator left office.

During the 2019 session, several bills relating to sexual harassment were filed but none were approved by the legislature.

National/Federal

Barr Books Trump’s Hotel for $30,000 Holiday Party
MSN – Jonathan O’Connell and David Fahrenthold (Washington Post) | Published: 8/27/2019

Attorney General William Barr will hold a family holiday party for 200 people at Trump International Hotel in December that is likely to cost $30,000. Barr is paying for the event himself and chose the venue only after other hotels were booked, according to a Department of Justice official. The official said the purpose of Barr’s party was not to curry favor with the president. Barr holds the bash annually, and it combines holiday festivities and a cèilidh, a party featuring Irish or Scottish music. Barr’s decision to book his boss’s hotel marks the latest collision between Trump’s administration and his business, which the president no longer operates but from which he still benefits financially.

Could Take FEC a While to Regain a Quorum, But Don’t Expect a ‘Wild West’
Roll Call – Kate Ackley | Published: 8/28/2019

FEC Vice Chairperson Matthew Petersen announced he will be stepping down by the end of August. The departure leaves the FEC with only three out of six commissioners, which means the agency is one vote short of the minimum of four votes needed to initiate audits, engage in rulemaking, vote on enforcement matters, issue an advisory opinion, or hold meetings. Still, those who advise campaigns and donors, or focus on campaign finance law, say the 2020 campaigns will not be entirely without legal checks or public relations concerns. In 2008, the FEC lacked a quorum for a few months. A senior Senate GOP aide said despite an apparent lack of movement on the matter, there is an ongoing effort to fill all six FEC seats.

David Koch Leaves Behind Legacy of Dark Money Political Network
Roll Call – Kete Ackley | Published: 8/23/2019

David Koch, who helped pioneer a network of often surreptitious organizations aimed at influencing elections and public policy, leaves behind a legacy of “dark-money” groups and a volatile political landscape. Koch, one half of the Koch Brothers along with his older brother Charles, has died at age 79. Congressional and K Street insiders, whether they agreed with the Kochs’ libertarian-conservative ideology or fought it, agreed that David Koch left a lasting imprint on the nation’s politics. The Koch network, which includes such groups as Americans for Prosperity, helped to resuscitate the Republican Party after its losses in the 2008 presidential and congressional elections and helped give rise to the tea party movement.

Ethics Outcry as Trump Touts ‘Magnificent’ Doral for Next G7
AP News – Bernard Condon and Adriana Gomez Licon | Published: 8/26/2019

Watchdogs have long railed against the perils of Donald Trump earning money off the presidency and hosting foreign leaders at his properties. But they say Trump’s proposal to bring world leaders to his Miami-area resort for the next Group of 7 meeting takes the conflict-of-interest to a whole new level because, unlike stays at his Washington, D.C., they would have no choice but to spend money at his property. Trump’s pitch comes as several lawsuits accusing the president of violating the U.S. Constitution’s emoluments clause, which bans gifts from foreign governments, wind their way through the courts. It also comes as Doral, by far the biggest revenue generator among the Trump Organization’s 17 golf properties, appears to have taken a hit from Trump’s move into politics.

Facebook Tightens Political Ad Rules, But Leaves Loopholes
AP News – Barbara Ortutay | Published: 8/27/2019

Facebook said it would tighten some of its rules around political advertising ahead of the 2020 presidential election. The changes include a tightened verification process that will require anyone wanting to run ads pertaining to elections, politics, or big social issues like guns and immigration to confirm their identity and prove they are in the U.S. Beginning in mid-September, such advertisers confirm their group’s identity using their organization’s tax identification number or other government ID. A loophole that will allow small grassroots groups and local politicians to run political ads could continue to allow bad actors to take advantage of the process.

Joe Walsh Says Trump Is ‘Unfit’ to Be President. Some Say the Same About Him.
ENM News – Matt Stevens and Annie Karni (New York Times) | Published: 8/27/2019

Former U.S. Rep. Joe Walsh, now a conservative radio show host, is challenging President Trump for the Republican nomination on the basis that he represents an alternative to a president who is morally unfit to hold his office. But in the days since Walsh announced his bid, he has been forced to confront his own highly questionable behavior. As Walsh introduces himself to voters, his long trail of racist and anti-Muslim statements, voiced for years on his conservative radio show and on Twitter, have revealed more similarities with Trump than stark differences in views and temperament.

Kirsten Gillibrand Exits Presidential Race
Politico – Elena Schneider | Published: 8/28/2019

U.S. Sen. Kirsten Gillibrand ended her bid for the presidency. Gillibrand, who ran a distinctly feminist campaign, failed to meet the Democratic National Committee’s criteria for the September presidential debate. A statement released by her campaign cited her lack of “access to the debate” stage as a reason she decided to end her run. Gillibrand struggled to stand out of the sprawling, diverse Democratic primary field, which included five other women. Like other candidates languishing at single or near zero digits in national polling, Gillibrand was not able to pull off a breakthrough moment.

Obama Announces New Push in Fight Against Gerrymandering
HuffPost – Sam Levine | Published: 8/27/2019

A group backed by President Obama will send experts to train people across the country on the basics of redistricting as part an effort to fight excessive partisan gerrymandering.  The new effort, called Redistricting U, comes as states are gearing up for the next round of map drawing, which will take place in 2021. The redistricting process, which takes just once per decade, is expected to be a brutal brawl for partisan advantage. The U.S. Supreme Court ruled in June that there were no constitutional limits on how severely states could manipulate district lines to benefit political parties.

Sen. Johnny Isakson to Resign at End of the Year
Politico – Burgess Everett | Published: 8/28/2019

U.S. Sen. Johnny Isakson is resigning at the end of 2019 in the face of mounting health problems, adding another competitive seat as Republicans look to defend their narrow majority in 2020. Isakson’s term runs through 2022, and Georgia Gov. Brian Kemp, under state law, is allowed to fill the vacant U.S. Senate seat. A special election will be held to fill the remaining two years of Isakson’s term during the next regularly scheduled election, meaning Georgia voters will cast ballots for both of the state’s Senate seats in 2020. The state has typically been safe conservative territory in recent years, but Democrats are increasingly optimistic about their ability to compete there. Democrat Stacey Abrams narrowly lost to Kemp in the gubernatorial election in 2018.

The Boss Can Tell You to Show Up for a Trump Rally
The Atlantic – Charlotte Garden | Published: 8/28/2019

When President Trump arrived in Pennsylvania to give a speech about energy policy at a Royal Dutch Shell plant, he had a ready-made audience comprised of workers who, it turns out, were paid to be there. The company suggested this event was simply a “training day” featuring a prominent guest speaker and offered that workers could take a day of paid time off instead of attending, which would mean they would lose overtime pay. That alternative may have been realistic for some workers, but others must have felt the only option was to attend the rally. Employers have a largely unconstrained ability to try to influence their workers’ political choices. Sometimes, employers and their lobbyists hope to benefit from workers’ legitimacy on issues that affect them by leveraging their voices in lobbying campaigns.

Trial of High-Powered Lawyer Gregory Craig Exposes Seamy Side of Washington’s Elite
ENM News – Sharon LaFraniere (New York Times) | Published: 8/26/2019

The most riveting aspect of the case against Gregory Craig, one of Washington, D.C.’s most prominent lawyers, is not his innocence or guilt. Rather, it is the depiction of the seamy world of power brokers like Craig that prosecutors have painted during testimony and in an array of court filings. Craig is charged with lying to investigators about the role of his law firm – Skadden, Arps, Slate, Meagher & Flom – in a public relations effort surrounding a report it created for former Ukrainian President Viktor Yanukovych. The details of the case include a $4 million payment shunted through a secret offshore account to Skadden and a bungled wiretap by a suspected Russian intelligence asset nicknamed “the angry midget.” They illustrate how lawyers, lobbyists, and public relations specialists leapt to cash in on a foreign government’s hopes of papering over its sordid reputation.

Trump’s Bank Has Tax Records Congress Is Seeking in Subpoenas Targeting the President’s Finances
MSN – Ann Marimow (Washington Post) | Published: 8/27/2019

President Trump’s biggest lender has in its possession tax records Congress is seeking in targeting the president’s financial dealings, the bank told a federal appeals court. The disclosure from Deutsche Bank came in response to a court order as part of a legal battle between Congress and the president over access to Trump’s business records. The revelation provides new details about the pool of possible documents Congress could eventually obtain. The House Financial Services and Intelligence committees have subpoenaed the banks for years of financial documents from the president, his three eldest children, and the president’s companies.

Trump’s ‘Chopper Talk’ Puts Media on the Defensive
Politico – Michael Calderone and Daniel Lippman | Published: 8/22/2019

As reporters shouted questions above the din of a helicopter’s churning engines, President Trump picked the ones he wanted and brushed past those he did not. The impromptu news conference near Marine One may have looked bizarre to veteran observers of the White House, but there is a method to the seeming madness. The “Chopper Talk” sessions, as comedian Stephen Colbert has dubbed them, serve multiple goals for Trump, insiders say. They allow Trump to speak more often in front of the cameras than his predecessors, yet on his own terms. He makes headline-ready pronouncements and airs grievances for anywhere from a few minutes to a half-hour, and then walks away when he has had enough. Trump’s freewheeling sessions have essentially replaced the formal White House press briefing.

Watchdog: Comey violated FBI policies in handling of memos
AP News – Eric Tucker | Published: 8/29/2019

James Comey violated FBI policies in his handling of memos documenting private conversations with President Trump in the weeks before he was fired as director of the bureau, the Justice Department’s inspector general said. The watchdog’s office said Comey broke FBI rules by giving one memo containing unclassified information to a friend with instructions to share the contents with a reporter. Comey also failed to notify the FBI after he was dismissed in May 2017 that he had retained some of the memos in a safe at home, the report said. But the inspector general also concluded none of the information shared with the reporter was classified.

Canada

Canada – ‘Show Up and Do Something’: Critics call on lobbying commissioner to act on Dion report
Hill Times – Samantha Wright Allen and Beatrice Paez | Published: 8/26/2019

Ethics Commissioner Mario Dion’s damning report on Prime Minister Justin Trudeau documented previously undisclosed interactions between SNC-Lavalin and the government during the embattled company’s pursuit of a deferred prosecution agreement, raising questions from critics about whether it was operating in full compliance with federal lobbying regulations or whether disclosure rules should change. Dion reported then-Attorney General Jody Wilson-Raybould faced political pressure to override a decision not to offer the company a remediation agreement that would spare SNC from a criminal trial, which could have barred the company from competing for federal contracts for 10 years. Dion ruled Trudeau improperly pressured Wilson-Raybould in violation of the Conflict of Interest Act, which bars high-level officials from furthering another person’s or entity’s private interests.

From the States and Municipalities

Alabama – Limestone County’s 10-Term Sheriff Arrested on Ethics, Theft Charges
AL.com – Ashley Remkus | Published: 8/22/2019

Limestone County Sheriff Mike Blakely was arrested on theft and ethics charges that include accusations of taking money from campaign and law enforcement accounts. Blakely was the subject of an investigation by the Alabama Ethics Commission, which last year found probable cause the sheriff violated state ethics law. The commission sent the case to the attorney general’s office for investigation. In 2018, Blakely amended a 2016 ethics disclosure form to show he received more than $250,000 from Tennessee lottery and gaming establishments.

Arkansas – State Bureau OK’d to Hire Legal Counsel; in Corruption Probe, It’s to Go with Firm It Used Before
Arkansas Democrat-Gazette – Hunter Field | Published: 8/23/2019

The Arkansas legislative staff intends to rehire a law firm to represent it in the face of increasing requests from federal investigators. The probe into public corruption involving Arkansas lawmakers started at least six years ago with reports of legislators directing state General Improvement Fund grants to two nonprofits, a small college, and a substance abuse treatment center in exchange for kickbacks. The probe expanded to include lobbyists and former executives of a Missouri nonprofit, Preferred Family Healthcare, accused of paying bribes to Arkansas legislators in exchange for laws or state regulations favorable to their businesses. Also caught up was a former administrator of a youth lockup, accused of hiring a state legislator who was an attorney to perform political favors.

California – Will Letting Bars Stay Open Late Help Gavin Newsom? He’ll Soon Act on Bills Affecting His Company
Sacramento Bee – Sophia Bollag | Published: 8/27/2019

California Gov. Gavin Newsom, whose investments in the hospitality industry made him a millionaire, put his holdings in a blind trust after winning last year’s governor’s race. As a new officeholder, he issued an executive order forbidding state executive branch agencies from doing business with PlumpJack Group, the company he founded. Ethics experts say Newsom has done all he can short of selling his holdings to insulate himself from potential conflicts-of-interest. But as the state Legislature enters its final weeks for the year, Newsom will find himself faced with decisions about bills that could affect his bars, restaurants, and hotels. Experts say he will still face potential conflicts as long as he owns them.

Florida – In Campaign Shaded by #MeToo Claims, Former Commissioner Faces Man She Accused
Miami Herald – Martin Vassolo | Published: 8/22/2019

If all politics is personal, what is happening in Miami Beach appears to have gone beyond the pale. Kristen Rosen Gonzalez and Rafael Velasquez are running against each other this year for a seat on the Miami Beach City Commission, offering a unique glimpse at the dynamics of a post-#MeToo political campaign. Rosen Gonzalez had been helping Velasquez campaign for the commission in 2017 when she went public with her accusations that Velasquez exposed himself to her. Prosecutors declined to charge Velasquez and found evidence that conflicted with Rosen Gonzalez’s account, but did not pursue a counterclaim that she had fabricated the allegations.

Florida – State Senate Resolves Complaint Against NRA’s Top Lobbyist in Florida
Miami Herald – Jim Turner (News Service of Florida) | Published: 8/23/2019

The Florida Senate closed an investigation into NRA lobbyist Marion Hammer, instructing her to amend disclosure reports but not issuing any sanctions. She was accused of failing to divulge hundreds of thousands of dollars in payments she received from the NRA as required by the law. Hammer received $979,000 from the NRA from 2014 to 2018. As the director of the pro-gun group Unified Sportsmen of Florida, Hammer earns an annual salary of $110,000. That organization has been receiving $216,000 a year in funding from the NRA. Legislative officials said Unified Sportsmen’s lobbying reports should be amended to reflect its relationship with the NRA and the funding it has received. Hammer was directed to amend lobbyist registrations to reflect she was employed by Unified Sportsmen of Florida to represent the NRA.

Kentucky – Lexington Real Estate Executive Charged with 16 Campaign Finance Violations
Lexington Herald-Leader – Beth Musgrave | Published: 8/27/2019

A Lexington business executive was indicted by a Fayette County grand jury for 16 violations of Kentucky’s campaign finance law. Timothy Wayne Wellman was charged for allegedly giving campaign contributions to straw donors and then reimbursing those contributors after the donations were made.  State law prohibits individuals from giving more than $2,000 per election cycle. He was indicted in June on nine federal counts of allegedly lying and instructing others to lie about campaign contributions to Lexington-Fayette Urban County Council candidates during the May 2018 primary.

Maine – Inside Susan Collins’ Reelection Fight in the Age of Trump
Politico – Burgess Everett | Published: 8/26/2019

U.S. Sen. Susan Collins is facing the race of her life despite her universal name recognition and bipartisan reputation. President Trump is targeting Maine as a battleground while his divisive politics has cleaved the state in two, and Collins shares the ticket with him. National Democrats, meanwhile, are backing Sara Gideon as her likely opponent, a battle-tested statehouse speaker who raised more than $1 million in the week after her launch. Projected to be the most expensive in Maine’s history, the race is of imperative importance for party leaders and the Senate institution itself. With scarce opportunities elsewhere, Senate Democrats essentially need Gideon to win to gain a minimum of three seats and the majority. In the Senate, a Collins loss would be a potentially fatal blow to the reeling center of the chamber.

Maryland – Maryland Horse Racing Commission Dominated by Industry Players. They Manage Cash Awards – and Win Them.
Baltimore Sun – Doug Donovan | Published: 8/22/2019

State law for three decades has allowed no more than four members of the nine-seat Maryland Racing Commission to “have a financial interest” in horse racing. But today, six commissioners have a financial stake in the sport and five of them own or breed racehorses that are eligible to receive cash bonuses from an incentive program established to bolster Maryland’s equine industry, The Baltimore Sun found. All five have participated in decisions determining the size of the awards despite a state ethics opinion that some believe prohibits regulators from voting on matters that could benefit their interests.

Massachusetts – Lobbyist Caught Up in State Police Case Is Known for Her Edge on Beacon Hill
Boston Globe – Matt Stout | Published: 8/22/2019

To federal authorities, Anne Lynch was a willing partner in a complex bribery scheme allegedly intended to benefit herself and the head of a State Police union. To the Massachusetts Movers Association, however, she was organized and thorough, and in the nearly 10 years she managed the trade group, she showed she would not be taken lightly. Her blunt approach made her a longtime, if not high-profile, player in various industry circles on Beacon Hill, where she evolved from managing the day-to-day business of trade associations to running a lobbying firm paid hundreds of thousands to push the interests of dozens of organizations. That included the powerful state troopers union, with whose president, authorities alleged, the work veered into something criminal.

Michigan – Candidate Who Wanted City as White ‘as Possible’ Withdraws from Council Race in Michigan
USA Today – Jackie Smith (Port Huron Times Herald) | Published: 8/26/2019

A city council candidate in Michigan whose racist comments have garnered nationwide attention has formally withdrawn from the race. Marysville Mayor Dan Damman said Jean Cramer submitted a letter withdrawing three days after he called for her to do so. During a city election forum, Cramer had been the first to respond to a question about attracting foreign-born residents to the community when she responded: “Keep Marysville a white community as much as possible. In a follow-up question from a reporter after the event, Cramer confirmed her beliefs. Her name will still appear on the November 5 ballot.

Michigan – Former State Rep. Todd Courser Pleads No Contest to Willful Neglect of Duty
MLive.com – Julie Mack | Published: 8/28/2019

Former Michigan Rep. Todd Courser pleaded no contest to willful neglect of duty by a public officer, a misdemeanor related to the 2015 scandal that forced him out of office. The misconduct involves soliciting a state employee to send out a false email. Soon after he was elected in 2014, Courser became the focus of a sex scandal involving his affair with then state Rep. Cindy Gamrat. To cover up the affair, he asked an aide to share an email containing outlandish allegations against him so rumors of his affair with Gamrat would pale in comparison and not be believed. A House investigation found the lawmakers “abused their offices” by directing staff to facilitate their affair, and they also blurred lines between official and political work.

Michigan – ‘There’s a Gray Area’: Campaign finance experts weigh in on Inman bribery case
Michigan Advance – Nick Manes | Published: 8/21/2019

To campaign finance watchdogs, the word “corruption” may be getting more difficult to legally define, but the case against indicted Michigan Rep. Larry Inman appears to be a near-textbook example. Richard Hall, a professor of public policy and political science at the University of Michigan, was blunt in his assessment of the text messages allegedly sent by Inman to union officials seeking campaign contributions in exchange for a vote against prevailing wage repeal. “As a student of campaign finance law, I don’t know how this case doesn’t meet the standard of causing the appearance of corruption,” Hall said. But Craig Mauger, executive director of the Michigan Campaign Finance Network, said the case against Inman gets into murky territory regarding the difference between campaign donations and bribes.

Montana – Group Files Challenge to Bullock’s Executive Order on ‘Dark Money’ and State Contracts
Helena Independent Record – Holly Michels | Published: 8/28/2019

The Illinois Opportunity Project asked a federal judge to strike down Montana’s nearly year-old policy that requires certain businesses seeking contracts with the state to disclose donors and spending on elections. Gov. Steve Bullock signed an executive order saying that to receive a state contract, an organization must report its political contributions. The order extends to so-called social welfare nonprofit organizations that, under campaign finance laws, do not have to disclose their donors. It applies to groups that have spent more than $2,500 over the past two-year cycle and is for contracts of more than $50,000 for goods or $25,000 for services.

New Hampshire – Trump’s Revival of Claim of Voting Fraud in New Hampshire Alarms Some State Republicans
Savannah Morning News – Amy Gardner (Washington Post) | Published: 8/29/2019

It was one of the first claims President-elect Donald Trump made about voter fraud in the wake of his 2016 victory: that his close loss in New Hampshire was propelled by thousands of illegal ballots cast by out-of-state voters. Trump’s revival of that false assertion as he ramps up his reelection campaign is now alarming some New Hampshire Republicans, who fear the president’s allegations could undermine confidence in next year’s election. Shortly after his inauguration, the president announced plans for a commission to investigate alleged voter fraud, which ended up disbanding barely a year later with no findings. With his reelection campaign now underway, Trump has returned to the topic.

New Jersey – Booker’s Mayoral Campaign Profited from Corrupt Newark Agency, Jailed Official Told
Newark Star Ledger – Karen Yi (NJ Advance Media) | Published: 8/28/2019

The former director of the agency that once managed Newark’s water told federal investigators in 2015 that she pressured vendors to make campaign contributions to then-Mayor Cory Booker and his political friends, new court records show. Linda Watkins-Brashear, who is currently serving an eight-year sentence for soliciting bribes in exchange for no-show contracts, said a Booker ally at the Newark Watershed Conservation and Development Corp. set a donation goal for vendors who usually bought $500 fundraising tickets without question. The records raise new questions about Booker’s record as mayor of Newark, a tenure that was a springboard to his successful U.S. Senate campaign and his current bid to win the Democratic Party nomination for the presidency. Booker has said he was unaware of the corruption that eventually led to the agency’s downfall.

New Jersey – Phil Murphy Says Fired Worker’s Social Media Posts Offensive, Declines Hiring Questions
Bergen Record – Dustin Racioppi | Published: 8/22/2019

After two days of silence since his administration fired an employee for his ant-Semitic social media posts, New Jersey Gov. Phil Murphy refused to say who hired Jeffrey Dye and whether he personally knew of Dye’s criminal history. Murphy may continue to face questions about Dye, just as he has about other people with questionable backgrounds who were hired by his administration. The governor and his top-ranking officials were unable to answer who had hired Al Alverez at the Schools Development Authority last year even though Alvarez had been accused of sexual assault, an allegation he denies and for which he was never charged. Murphy has also refused to say whether he knew about a top aide’s connection to a campaign finance scandal in Bermuda.

New York – A Lobbyist Gave $900,000 in Donations. Whose Money Is It?
EMN News – J. David Goodman (New York Times) | Published: 8/26/2019

Since 2014, David Rich has doled out more than 200 campaign contributions totaling over $900,000. Rich is not a billionaire; he is the in-house lobbyist for the Greater New York Hospital Association, the state’s most powerful hospital and health system trade association. His contributions go to Democratic and Republican candidates alike, and the donations have one thing in common: they seem to line up with the interests of his employer. Although the nonprofit hospital association is free to make political contributions without an annual cap, it gives nothing to individual candidates, essentially allowing Rich’s personal donations to speak for the organization. That setup seems structured to enhance the profile and influence of Rich, who is responsible for the association’s federal, state, and local advocacy.

North Carolina – ‘Horrific Abuse of Office’: Wanda Greene gets 7 years for wide-ranging corruption
Ashville Citizen Times – Jennifer Bowman, John Boyle, and Mackenzie Wicker | Published: 8/28/2019

Calling her the “architect” of a culture of corruption in Buncombe County, a federal judge sentenced former top administrator Wanda Greene to seven years in prison for wide-ranging corrupt activity that she committed while heading one of North Carolina’s fastest-growing counties. She was ordered to also pay a $100,000 fine. Greene admitted to using county-issued credit cards to make thousands of dollars of personal purchases. She also admitted to fraudulently claiming Buncombe County as her own business on tax forms and used money set aside for settling a civil rights lawsuit to instead buy valuable life insurance policies for herself and other employees. Prosecutors say their investigation into Buncombe County corruption is ongoing.

North Carolina – Two Candidates for Governor Can Take Unlimited Donations. One Can’t.
Durham Herald-Sun – Colin Campbell | Published: 8/27/2019

A provision in a North Carolina law is allowing wealthy donors to make unlimited contributions that are being funneled into the two leading campaigns for governor, finance records show. Gov. Roy Cooper and Lt. Gov. Dan Forest have benefited from Council of State affiliated party committees, which allows them to solicit and accept donations of any size in collaboration with other statewide elected office holders from their party. The money is then used to purchase core services such as advertising and consultants for the contenders’ main campaign organizations. It is an advantage that the third candidate in the race, Rep. Holly Grange, does not have because all of her supporters are limited to the $5,400 maximum contribution.

Oklahoma – A Senator’s Lake House vs. a Town Fighting Flooding
MSN – Sarah Mervosh (New York Times) | Published: 8/27/2019

For years, the town of Miami, Oklahoma, has fought a losing battle against a wealthy neighboring community near Grand Lake, a popular vacation spot, where high water makes for better boating but leaves little room for overflow when it rains. With heavy rains this year, the city of Miami and local Native American tribes say they were again left to pay the price when floodwater clogged upstream, damaging their homes, businesses, and ceremonial grounds. Now, the battle has escalated to the halls of Congress, after one of the lake’s residents, U.S. Sen. James Inhofe, got involved. After decades of debate, local leaders had pinned their hopes on a rare chance to ask a federal agency to help stop the flooding. But Inhofe, who is known to swim and fly planes around the lake, introduced legislation that would hamstring that agency.

Pennsylvania – Woman Who Accused Ex-Pa. Lawmaker of Rape ‘Credible,’ But No Charges Will Be Brought, DA Says
Philadelphia Inquirer – Angela Couloumbis and Brad Bumsted | Published: 8/26/2019

Dauphin County District Attorney Fran Chardo said he believed a woman who accused a onetime Pennsylvania legislator of rape was “credible,” but it was not in the public interest to prosecute. Chardo, who investigated the sexual assault allegations against former state Rep. Brian Ellis, said a grand jury recommended no criminal charges but suggested ways to strengthen the Legislature’s policies on investigating sexual misconduct. He said there were complications to the case, including the woman’s inability to recall what happened the night of the alleged assault – she has said she believes she was drugged, which resulted in memory loss – as well as Ellis’ decision to invoke his right not to testify before the grand jury. “This whole experience has changed me fundamentally as a human being,” the accuser said in an interview. “It’s not just what happened to me, it’s the whole process.”

Texas – Local City Councilman’s One-Finger Salute Stirs Controversy
KWTX – Chelsea Edwards | Published: 8/22/2019

Copperas Cove Councilmember Charlie Youngs was caught on camera sticking his middle finger up while colleague Kirby Lack was talking during a meeting. Youngs said he should not have made the obscene gesture, and said he was actually flipping off someone in the audience who threatened to hurt him last December. Lack said if Youngs does not resign by the next council meeting, he is taking the issue up with the Texas Ethics Commission.

Texas – Michael Quinn Sullivan’s Secret Audio of Texas House Speaker Blurs Line Between Journalism, Activism
Dallas News – Rebekah Allen | Published: 8/22/2019

For the past month, Michael Quinn Sullivan has been the narrator of this year’s most explosive Texas political firestorm. On his website the Texas Scorecard, Sullivan broke the news of a scandal involving state House Speaker Dennis Bonnen, which forced the lawmaker to publicly apologize for trashing his colleagues in a secret meeting. Sullivan boats that he is a watchdog, shedding light on politicians behaving badly. At the same time, he refuses to release his exclusive recording of his meeting with Bonnen. For years, Sullivan has been fighting to operate on this knife’s edge, one where he can freely continue his work influencing lawmakers and donating money to candidates, while labeling himself a member of the media.

Washington DC – The Little Firm That Got a Big Chunk of D.C.’s Lottery and Sports Gambling Contract Has No Employees
Washington Post – Steve Thompson | Published: 8/28/2019

The Greek company Intralot, which received a $215 million contract to bring sports gambling to the District of Columbia and to continue running its lottery, says more than half the work will go to a small local firm, a condition that helped the gaming giant win the no-bid contract. The firm, Veterans Services Corp., will “perform the ENTIRE subcontract with its own organization and resources,” according to a document signed by an Intralot executive. City law requires companies with large public contracts to subcontract some work to small local businesses to grow the local economy. But Veterans Services appears to have no employees, according to interviews and records. Until recently, the company’s website touted executives who did not work there.

West Virginia – Is It Unconstitutional to Sleep in Your Home? For a Governor, Perhaps
New York Times – Campbell Robertson | Published: 8/22/2019

For over a year in West Virginia courtrooms, and longer than that among lawmakers and pundits, a debate has been bubbling about where the state’s governor spends his nights. Not that the facts are in much dispute: Most everyone concurs that Gov. Jim Justice does not spend them in Charleston, the capital. The question is whether that arrangement is allowed. The debate returned to court for a hearing in a lawsuit brought by a Democratic lawmaker. The suit, which seeks a court order requiring the Republican governor to reside in Charleston, is based on a clause in the West Virginia Constitution, which declares that all state executive officials except for the attorney general shall “reside at the seat of government during their terms of office.” The argument about the governor’s residence is the tip of a much larger and broader debate over his tenure.

Campaign Finance

National: “Facebook Tightens Political Ad Rules, But Leaves Loopholes” by Barbara Ortutay for AP News

Kentucky: “Lexington Real Estate Executive Charged with 16 Campaign Finance Violations” by Beth Musgrave for Lexington Herald-Leader

Elections

National: “The Boss Can Tell You to Show Up for a Trump Rally” by Charlotte Garden for The Atlantic

National: “Joe Walsh Says Trump Is ‘Unfit’ to Be President. Some Say the Same About Him.” by Matt Stevens and Annie Karni (New York Times) for ENM News

Ethics

National: “Barr Books Trump’s Hotel for $30,000 Holiday Party” by Jonathan O’Connell and David Fahrenthold (Washington Post) for MSN

National: “Trump’s Bank Has Tax Records Congress Is Seeking in Subpoenas Targeting the President’s Finances” by Ann Marimow (Washington Post) for MSN

Alabama: “Limestone County’s 10-Term Sheriff Arrested on Ethics, Theft Charges” by Ashley Remkus for AL.com

Legislative Issues

National: “Sen. Johnny Isakson to Resign at End of the Year” by Burgess Everett for Politico

Lobbying

National: “Trial of High-Powered Lawyer Gregory Craig Exposes Seamy Side of Washington’s Elite” by Sharon LaFraniere (New York Times) for ENM News

Maine lawmakers voted to pass Gov. Janet Mills’ proposed $105 million bond to fund transportation efforts during the one-day special legislative session on Monday, August 26.

The transportation bond to upgrade roads, bridges, ports, rail and air transportation, and to repair culverts and restore a commercial fishing wharf will now head to the ballot for voters on November 5.

The three proposed bonds for land conservation projects; infrastructure and economic development; and environment and energy projects all failed to reach the two-thirds vote needed to pass.

National/Federal

Cherokee Nation Sending First-Ever Delegate to Congress
Newsweek – K Thor Jensen | Published: 8/20/2019

The Cherokee Nation is appointing its first delegate to Congress. Two Native American tribes, the Cherokee and the Choctaw, are both granted the right to send delegates to the House of Representatives. The Choctaw still have not exercised that right, but the Cherokee are in the process of sending their first: Lobbyist Kimberly Teehee, who served as President Obama’s senior policy advisor for Native American affairs. Representation in the federal government is increasingly important for many Native Americans who are worries about the Keystone XL pipeline and other encroachments on tribal lands, as well as enduring poverty, health issues, and infrastructure problems.

Do Trump Officials Plan to Break Centuries of Precedent in Divvying Up Congress?
National Public Radio – Hansi Lo Wang | Published: 8/14/2019

Since the first U.S. census in 1790, the Constitution has called for a head count every 10 years of “persons” living in the U.S. to determine the number of congressional seats each state gets. The counts have always included both citizens and noncitizens, regardless of immigration status, although the history of who was counted and how is complicated. In recent weeks, however, the Census Bureau’s director, Steven Dillingham, has not been able to provide a clear answer as to whether citizenship will be factored into apportionment after the 2020 census. Alabama Attorney General Steve Marshall argue the Census Bureau should exclude unauthorized immigrants from numbers used for apportionment because the framers did not intend for immigrants living in the U.S. without authorization to be included among the “persons” described in the Constitution.

F-bombs Away: Why lawmakers are cursing now more than ever
The Hill – Judy Kurtz | Published: 8/19/2019

Profanity, once considered a major no-no among those seeking public office, is no longer an earth-shattering political snafu. And according to new research, this year could be on track to see members of Congress swearing up a storm more than ever before. GovPredict, a government relations software company, found the frequency of lawmakers using four-letter words has increased steadily since 2014. A 2012 Forbes opinion piece asked readers, “When Can a Politician Use Profanity, If Ever?” But these days, look no further than countless congressional social media accounts and political rallies for R-rated language.

FEC Chairwoman: Penalty ‘slashed’ for ex-congressman who used leftover campaign money to lobby
Roll Call – Emily Kopp | Published: 8/19/2019

Former U.S. Rep. Cliff Stearns, who diverted leftover campaign money towards dinners and dues at a private club outside of the Capitol just as he began to lobby his former congressional colleagues will only have to pay back a fraction of the funds he misused. The FEC stalemated in a vote over whether to issue a more severe fine, one that would hold him personally liable. The outcome comes as the FEC begins cracking down on so-called zombie campaigns, pots of campaign donations that live on long after the candidate has vacated office. But the small fine shows the limitations of the FEC under its current structure, campaign finance experts say.

Industry Flexes Political Muscle in States to Criminalize Aggressive Pipeline Protests
Insurance Journal – Jennifer Dlouhy (Bloomberg) | Published: 8/20/2019

After protesters disrupted construction of an oil pipeline in North Dakota by chaining themselves to construction equipment and pitching tents along the route, oil and chemical companies found a way to keep it from happening again – they made it a crime. The companies, including Koch Industries, lobbied state Legislatures to effectively outlaw demonstrations near pipelines, chemical plants, and other infrastructure. Nine states have gone along so far, in some cases classifying the activities as felonies. More are considering legislation. The lobbying campaign has raised concerns about corporate influence muzzling free speech. Industry representatives portray their efforts as a necessary counter to the increasingly aggressive tactics of activists.

Inspector General Finds Politically Motivated Harassment at State Department
Washington Post – Karen DeYoung | Published: 8/15/2019

A report by the State Department’s inspector general concludes that leadership of a leading department bureau mistreated and harassed staffers, accused them of political disloyalty to the Trump administration, and retaliated against them. In response to repeated counseling by more senior State officials that he address staff concerns, the report concluded, Kevin Moley, assistant secretary for international affairs, “did not take significant action.” The report is a sweeping condemnation of Moley and more specifically of his former senior adviser, Mari Stull. A former lobbyist and consultant for international food and agriculture interests, Stull left the department in January following press reports that, among other things, she had compiled a list of staffers deemed insufficiently loyal to the Trump administration.

These Political Super Fans Turn Their Activism into Collector’s Items
CNBC – Yelena Dzhanova | Published: 8/17/2019

Leslie Zukor is such a Bernie Sanders super fan that she has more than 500 pieces of campaign merchandise and memorabilia dedicated to the presidential hopeful. Buttons make up 80% of her collection, but she has plenty of more offbeat items, too – including 10 custom puppets modeled after Sanders. Each cost her between $100 and $500. Zukor says she has spent over $1,000 on Sanders campaign merchandise this year alone. While that may sound like a lot to people who are not politics junkies, it pales in comparison to what some other hardcore collectors spend. These people often have tens of thousands of political items in their collections and belong to national groups such as the American Political Items Collectors.

Trump Wields Power Against Political Enemies
Beaumont Enterprise – Toluse Olorunnipa (Washington Post) | Published: 8/15/2019

By pressuring the Israeli government to bar entry by two members of Congress, President Trump once again used the power and platform of his office to punish his political rivals. It is a pattern that has intensified during the first two and a half years of Trump’s presidency, as he has increasingly governed to the tune of his grievances. Taken as a whole, Trump’s use of political power to pursue personal vendettas is unprecedented in modern history, said Matthew Dallek, a political historian who teaches at George Washington University.

Washington Gov. Jay Inslee to Announce Run for 3rd Term
AP News – Rachel LaCorte | Published: 8/22/2019

Washington Gov. Jay Inslee, who has ended his climate change-focused 2020 presidential bid, is set to announce he will seek a third term as governor. He is the third Democrat to end his presidential bid after U.S. Rep. Eric Swalwell of California and former Colorado Gov. John Hickenlooper withdrew. While Inslee had qualified for the first two presidential debates this summer, he struggled to gain traction in the crowded field and was falling short of the requirements needed to appear on two high-profile stages: the third debate in Houston and a CNN town hall focused on climate change, Inslee’s key issue. He had recently hit one of the markers of 130,000 unique donors. But he had yet to reach 2% in any poll and would have needed to hit that level of support in four qualifying polls.

From the States and Municipalities

Arkansas – Orthodontist Accused of Bribing Former Arkansas Lawmaker
Courthouse News Service – Erik De La Garza | Published: 8/19/2019

A Florida-based orthodontist who operates several clinics in Arkansas was charged in a bribery and fraud scheme involving disgraced former state Sen. Jeremy Hutchinson, who pleaded guilty in June for his role in the conspiracy. The 15-count indictment accuses Benjamin Burris with paying approximately $157,500 in kickbacks in part for Hutchinson to take official action as a state legislator to benefit the orthodontist and his companies. Prosecutors say the payments were disguised as retainer payments and funneled through Hutchinson’s law firm. Burris also allegedly gave Hutchinson gifts, including free orthodontic services for his family and the use of a private plane to travel to a college football game.

Arkansas – Panel Cautions Firms Over Lobbying Arkansas Sheriffs
Arkansas Democrat-Gazette – Hunter Field | Published: 8/17/2019

The Arkansas Ethics Commission issued public letters of caution to four jail services companies for failing to properly report contributions to the Arkansas Sheriffs’ Association. The companies settled with the commission, agreeing they violated state laws by failing to register as lobbyists and failing to report lobbying expenses. But several said they disagree with the commission’s conclusions. They also questioned whether the commission’s findings would have a negative impact on corporate sponsorships of all type of government-related trade associations. The companies sponsored meals and a fishing tournament for the association that were attended by “sheriffs and other public servants,” according to the Ethics Commission.

California – Anaheim Mayor Sidhu Pays Off 2016 Assembly Debt by Fundraising While Mayor
Voice of OC – Spencer Custodio | Published: 8/20/2019

Anaheim Mayor Harry Sidhu paid off 2016 California Assembly campaign debts and put a dent in his 2018 mayoral campaign debt after fundraising since December in both campaign committees. It is a move some experts said is an example of loopholes in campaign finance regulations. Fair Political Practices Commission spokesperson Jay Wierenga, speaking generally and not specifically about Sidhu’s campaign finances, said double fundraising is not illegal. “… Generally speaking, it is permissible to have multiple committees open at once, but each committee must be used only for expenses associated for that election,” Wierenga wrote in an email.

California – Cal Channel to End Broadcasting After Three Decades
Capitol Weekly – Jessica Hice | Published: 8/15/2019

The California Channel, a decades-old public broadcaster that has historically provided on-demand video access to the Legislature, the state Supreme Court, and the Capitol community, will cease operations in October. Supported by the California Cable and Telecommunications Association since 1993, it is one of the few services that offer one-on-one interviews with all candidates for the state’s elected offices. The Cal Channel has long been viewed as the state’s version of C-SPAN. Cal Channel President John Hancock says the decision to end broadcasting was due in part to the passage of Proposition 54, which requires the Legislature to make audio and visual recordings of its legislative proceedings public within 72 hours. The Legislature has its own television and radio services that cover politicians and send stories to their districts.

California – Oakland Coliseum Authority CEO Sought $50,000 Payment from RingCentral for Naming Rights Deal
San Jose Mercury News – David Debolt | Published: 8/21/2019

Scott McKibben, the former chief executive officer of the Oakland-Alameda County Coliseum Authority, sought a $50,000 fee from RingCentral for helping the company negotiate a stadium naming rights deal with the public agency he oversees, a possible violation of state conflict-of-interest law. Invoices show McKibben billed the company for the consultant fee as part of the three-year deal worth $3 million to rename the stadium where the Oakland A’s and Raiders play. McKibben resigned while still under contract to the authority a day after the board held a closed-door meeting to discuss the matter.

California – While He Was Illegally Lobbying, Former L.A. Official Was Also Getting Paid by City Hall
Los Angeles Times – David Zahniser and Emily Alpert Reyes | Published: 8/20/2019

Michael LoGrande, the former head of the Los Angeles Department of City Planning, admitted he violated the city’s “revolving door” law, which prohibits high-level officials from lobbying elected officials, managers, and other decision-makers during their first 12 months after leaving city employment. LoGrande left his government job in January 2016 after spending more than five years running the department, which reviews real estate development projects. Within a few months, he was lobbying planning department officials on behalf of the clients he had picked up while operating his new land-use consulting business. The Los Angeles Ethics Commission voted to fine LoGrande $281,250, the largest penalty levied against a current or former city employee.

Colorado – Aurora City Council Approves New Ethics Law, Opposes Lobbying Registration
Colorado Sentinel – Kara Mason | Published: 8/20/2019

Despite taking other legislative steps toward greater transparency, a majority of Aurora City Council members decided against an ordinance mandating lobbyists register if working in the city. Several city council members cited concerns of who would qualify as a lobbyist and whether non-profit organizations attempting to seek influence on the city council would be required to register under the proposed rules. The council approved a new ethics code, which tasks an independent panel of judges with investigating complaints, prohibits the mayor and city council members from accepting gifts valued more than $300, and prevents council members from engaging in conflicts-of-interest.

Colorado – Gravel Pit Permit Must Be Reheard Because of Contributions to Larimer County Commissioner’s Campaign Before Vote
Colorado Sun – Sandra Fish | Published: 8/22/2019

Advocates for limiting contributions to political campaigns often cite the potential for large sums of money to influence decisions by public officials. But rarely do allegations of conflicts-of-interest related to campaign cash result in action against elected officials and their donors. That changed in Colorado when a judge ruled Larimer County Commissioner Tom Donnelly should have recused himself from voting on a controversial plan to mine gravel near a residential development in 2018 because he received $10,000 in campaign money from the owners of the mining company two years before. Observers as well as lawyers on both sides of the case say such a decision is unusual.

Connecticut – Ernie Newton Pleads Guilty to Three Campaign Finance Charges, Avoids Jail; Six-Year Prosecution Ends
Hartford Courant – David Owens | Published: 8/21/2019

Ernie Newton, the former state senator and now a Bridgeport City Council member, pleaded guilty to three felony campaign finance violations, but avoided prison. The guilty pleas and an 18-month suspended jail sentence close a nearly seven years of litigation over allegations that Newton received illegal contributions in order to qualify for more than $80,000 in public financing for a 2012 state senate run he ultimately lost. He initially faced campaign finance violations and two counts of first-degree larceny as a result of an investigation by the State Elections Enforcement Commission. A jury convicted Newton of three campaign finance violations but could not reach verdicts on the other charges.

Connecticut – Hartford Athletic Soccer CEO Bruce Mandell Pays $45,000 Fine for Illegal Campaign Contributions
Hartford Courant – John Lender | Published: 8/21/2019

Hartford Athletic Chief Executive Officer Bruce Mandell paid a $45,000 fine to the State Elections Enforcement Commission for making illegal campaign contributions in 2018, many of them in the names of his wife and their college-age daughter, to Republican gubernatorial candidate Bob Stefanowski, the state GOP, and others. The violations included exceeding the limit for an individual contribution to a candidate or committee; making “straw donations” in the name of another person; using “business assets” to make contributions; and making a contribution as a “prospective state contractor,” a practice that is banned under state clean-election laws.

Florida – This Secretive Group Is Trying to Create Barriers to Amending Florida’s Constitution
Miami Herald – Mary Ellen Klas | Published: 8/19/2019

A secretive organization with the goal of thwarting amendments approved by voters after the 2020 election cycle has spent more than $800,000 on paid petition gatherers in the last four months, using funds from undisclosed sources and raising the specter of another high stakes fight over the future of energy regulation in Florida. The group calls itself Keep Our Constitution Clean and says its purpose is to keep the state’s premier legal document uncluttered by special interest measures. But activists involved in other petition drives say they believe the group is linked to the utility industry, which is opposing a proposed amendment that would deregulate the state’s monopoly utilities.

Hawaii – Critics Question Former Council Chair’s Ties to North Shore Project
Honolulu Civil Beat – Cristina Jedra | Published: 8/20/2019

One of the last actions Ernie Martin took as Honolulu City Council chairperson last year was to recommend approval for a development that had been plagued by permit violations and community complaints. By the time the permit was reviewed and approved in November, Martin had accepted $9,450 in congressional campaign contributions from developers associated with the Hanapohaku LLC project and their family members. Immediately upon leaving office, he got a job at the law firm that represents Hanapohaku. Opponents of the development are crying foul over what they believe to be a conflict-of-interest.

Illinois – Report Finds Sexual Harassment, Inappropriate Behavior and Bullying Widespread in Springfield; House Speaker Michael Madigan Takes Responsibility ‘for Not Doing Enough’
Chicago Tribune – Dan Patrella and Ray Long | Published: 8/20/2019

An outside investigation into sexual harassment and bullying within Illinois House Speaker Michael Madigan’s office and his Democratic caucus found people across the Capitol repeatedly have been subjected to sexual harassment or other inappropriate behavior. The report found Madigan’s former chief of staff, Tim Mapes, made inappropriate comments to a staffer but uncovered insufficient evidence to conclude that state Rep. Lou Lang, a former top Madigan lieutenant, sexually harassed a lobbyist. The report notes that allegations of harassment and other bad behavior are not limited to the speaker’s office or the House Democratic caucus.

Indiana – Rep. Dan Forestal Threatened Cops’ Jobs, Impersonated Police and Tried to Buy Cocaine, Police Say
Indianapolis Star – Ryan Martin and Chris Sikich | Published: 8/14/2019

Indiana Rep. Dan Forestal threatened to use his power to punish police officers who pulled him over, according to a police report, which also accused the lawmaker of trying to buy cocaine, impersonating law enforcement, struggling with officers, and drunken driving. A wife and husband told police they were outside their home when Forestal drove up in his car. According to the police report, Forestal told them: “I’m a legit officer doing a drug bust and today is the last day before the feds descend and start kicking in doors.” It is not clear from the report why Forestal approached this particular home.

Maryland – Baltimore City Council Passes New, Tighter Ethics Rules after Pugh Scandal
Baltimore Sun – Luke Broadwater and Ian Duncan | Published: 8/19/2019

The Baltimore City Council passed new, tighter ethics regulations in the aftermath of the self-dealing scandal and resignation of former Mayor Catherine Pugh. The bill requires people filing financial disclosure forms to list all directorships they hold, not just those at entities that do business with the city. Pugh resigned after collecting some $800,000 to produce her self-published “Healthy Holly” children’s books. The University of Maryland Medical System, which she helped oversee as a board member, paid her $500,000. Pugh also accepted payments from other entities that she approved to do business with the city. The bill is the first piece of ethics reform legislation to pass the council since the scandal.

Massachusetts – Feds Say Former Mass. State Police Union Head Dana Pullman Used Union as His ‘Personal Piggy Bank,’ to Fund Trips, Meals and Romantic Affair
MassLive – Michelle Williams | Published: 8/21/2019

Dana Pullman, former president of the Massachusetts State Police union, and the group’s former lobbyist, Anne Lynch, were arrested for what prosecutors say was a scheme to garner kickbacks and misappropriate union funds. Prosecutors said Pullman tapped union funds for personal expenses including gifts for someone he was having a romantic relationship with and collected kickbacks from Lynch for steering business to her firm. In one instance, Pullman allegedly got his union treasurer to issue a $250,000 check to Lynch’s firm for work it did in negotiating a settlement with the state to compensate troopers who had worked on days off. After the firm was paid, Lynch allegedly wrote herself a $50,000 check from the company’s account, then made a check out to Pullman’s spouse for $20,000, which was falsely classified as a payment for consulting work.

Michigan – Michigan Panel Puts Brakes on $1.1M Trucking Grant after Free Press Report
Detroit Free Press – Paul Egan | Published: 8/13/2019

The Michigan State Administrative Board put the brakes on a $1.1-million safety education grant to an arm of the Michigan Trucking Association, the lobbyist for the trucking industry. The board, which is normally a rubber stamp for state contracts and grants that are already in the pipeline, took the unusual action after The Detroit Free Press reported the Michigan Center for Truck Safety, a nonprofit agency housed inside the offices of the trucking association, has received about $8 million in such grants since 2012, funded by truck registration fees. The Free Press reported the center uses some of the grant money to pay the trucking association tens of thousands of dollars in rent and other expenses, and a monitoring report found the center had received reimbursement from the state for close to $300,000 in impermissible expenses.

Mississippi – Four Louisiana Men to Plead Guilty in Mississippi Bribe Scheme
AP News – Jeff Amy | Published: 8/18/2019

Four Louisiana men say they will plead guilty to charges they tried to bribe a Mississippi sheriff with $2,000 in casino chips, seeking lucrative jail contracts. Michael LeBlanc Sr., Michael LeBlanc Jr., Tawasky Ventroy, and Jacque Jones have filed notices in federal court saying they will change their previous not guilty pleas. All are accused of scheming to win contracts to sell inmates phone service and commissary goods at a jail in Mississippi’s Kemper County. They are also accused of paying former Mississippi Corrections Commissioner Christopher Epps $2,000 and promising him future bribes to secure his help in influencing sheriffs. Epps was convicted of taking more than $1.4 million in bribes from private contractors and is serving a nearly 20-year prison sentence.

Mississippi – ‘She Was in Fear of Him,’ Judge Says Before Finding Miss. Lawmaker Not Guilty of Domestic Violence
Biloxi Sun Herald – Margaret Baker and Justin Mitchell | Published: 8/20/2019

Mississippi Rep. Douglas McLeod was found not guilty of domestic violence after his wife unexpectedly took the stand and testified on his behalf.  Michele McLeod said on the evening of May 18, her husband had drunk less than two tumblers full of wine and mixed them with prescription-strength ibuprofen. She said he was “in a state of delirium” when one of his limbs, “probably his arm,” hit her face. George County Justice Court Judge Mike Bullock said, before making his verdict, that he could understand how the hit could have happened accidentally after her testimony. Body-camera footage from a responding George County sheriff’s deputy showed Michele McLeod minutes after 911 was called. There was blood down her nose, around her mouth, and covering her hands.

Missouri – Former Economic Development CEO Gets 3 Years’ Probation, $20K Fine for Stenger Scheme
St. Louis Public Radio – Jason Rosenbaum and Rachel Lippman | Published: 8/16/2019

Sheila Sweeney, the former chief executive of the St. Louis Economic Development Partnership, was sentenced to three years’ probation and fined $20,000 for her role in a corruption scheme orchestrated by then-St. Louis County Executive Steve Stenger. Sweeney admitted she knew Stenger was trying to steer county contracts to a campaign donor and did nothing to stop it. Sweeney helped that donor, John Rallo, get a $130,000 marketing contract, even though he had no relevant experience. She also maneuvered to make sure Rallo’s real estate company was able to purchase two pieces of industrial property near the St. Louis County and Municipal Police Academy.

Oregon – Sheriff in Conservative County Defends Free Press
AP News – Andrew Selsky | Published: 8/21/2019

Malheur County officials asked Sheriff Brian Wolfe to assess whether the Malheur Enterprise, a small newspaper in Oregon, has engaged in criminal conduct in its reporting. The newspaper has been investigating state Rep. Greg Smith’s business deals and contract work in the county. The officials asked whether reporters’ persistent attempts to contact officials, sometimes after business hours or using their personal email accounts, amounted to harassment. Wolfe said an inquiry determined no laws had been broken. “As an elected sheriff, we will always respect the constitutional rights of … everybody. We do believe in freedom of the press and free speech that we believe are our rights given by the Constitution …,” Wolfe said.

Pennsylvania – ‘It’s Disappointing’ Elections Board Reaffirms $29M Voting Machine Contract Over Objections, Violations
Philadelphia Tribune – Michael D’Onofrio | Published: 8/15/2019

Philadelphia’s acting board of elections voted to keep its current contract for new voting machines, days after the city’s legal department notified elections officials the vendor, Election System & Software (ES&S), failed to disclose its lobbying activities. ES&S will pay a $2.9 million fine over the violations, or 10% percent of the contract. An investigation showed ES&S used a lobbyist and engaged in lobbying activities in 2017 and 2018. The lobbying activities included direct communication with then-city Commissioner Alan Schmidt. ES&S also failed to disclose campaign contributions by consultants to Schmidt and then-city Commissioner Lisa Deeley.

Rhode Island – RI’s Board of Elections Remains an Underfunded Campaign Finance Watchdog
The Public’s Radio – Ian Donnis | Published: 8/21/2019

Former Providence City Council President Luis Aponte was indicted in 2017 after the Rhode Island Board of Elections exposed how he had used more than $13,000 in campaign funds for personal use. Aponte pleaded no contest and resigned from his council seat. The case shows how the Board of Elections is playing a stepped-up role in policing the state’s campaign finance laws. Things have gotten better since the agency’s leadership changed in 2016. And the Elections Board’s top campaign finance investigator, Ric Thornton, is well respected for his work. But Sen. Sam Bell and others say that despite improvements, the board needs more funding to oversee the campaign money that flows through Rhode Island politics.

South Carolina – Columbia Airport Road May Be Renamed After Namesake Arrested for Soliciting a Prostitute
Charleston Post and Courier – Seanna Adcox | Published: 8/12/2019

State transportation commissioners will consider removing John Hardee’s name from the Columbia airport connector following their former colleague’s guilty plea on an obstruction charge and subsequent arrest on a prostitute solicitation charge. The John N. Hardee Expressway to the Columbia Metropolitan Airport was named in 1999 and opened in 2004, during Hardee’s first of two stints as a South Carolina Department of Transportation (DOT) commissioner. It is among more than 1,000 bridges, interchanges, and stretches of highway statewide that bear the names of local VIPs.  Such road naming is done either at legislators’ request or directly by the DOT board.

South Dakota – Audit Finds South Dakota Democratic Party Failed to Report $2.5M in Disbursements to National Committee
Jamestown Sun – Seth Tupper (Rapid City Journal) | Published: 8/21/2019

An audit for the years 2015 and 2016 showed the South Dakota Democratic Party understated disbursements by $2.5 million, received $67,182 worth of contributions from unregistered organizations, and failed to disclose $46,097 worth of debts and obligations. The state Democratic Party ended up serving as a pass-through for money from the Hillary Victory Fund to the Democratic National Committee (DNC). But, according to the audit, the state party did not initially disclose the disbursements it made to the Democratic National Committee. The disbursements were disclosed in later, amended reports to the FEC.

Tennessee – State Officials Launch Probe of Former House Speaker Glen Casada’s Campaign Finances
The Tennessean – Joel Ebert | Published: 8/14/2019

State officials initiated a probe of embattled former House Speaker Glen Casada’s campaign finances. The move by the Tennessee Registry of Election Finance will force Casada to explain and defend how he received and spent campaign money for the first time in his nearly 20-year legislative career. Hank Fincher, a registry member, said the audit was necessary, given news reports about Casada’s spending. He noted how Casada used the state plane on the same day he attended a political event.

Texas – Committee Asks Texas Rangers to Investigate House Speaker’s Meeting with Empower Texans
Fort Worth Star-Telegram – Tessa Weinberg | Published: 8/12/2019

The House General Investigating Committee unanimously voted to request the Texas Rangers Public Integrity Unit conduct an investigation into allegations of a quid pro quo offer made by House Speaker Dennis Bonnen. The allegations surrounding Bonnen were raised recently by Michael Quinn Sullivan, the chief executive of the conservative political advocacy group Empower Texans. They revolve around a June meeting between Sullivan, Bonnen, and GOP Caucus Chairperson Dustin Burrows. Sullivan claims that during the meeting, Bonnen offered long sought-after press credentials for the organization’s news site in exchange for Empower Texans’ clout to go against 10 Republican incumbents during their re-election campaigns. Sullivan later revealed he secretly recorded the meeting, and those who have listened to it have said it largely supported Sullivan’s accusations.

Utah – A Draper Council Candidate Was Booted from the Race After Missing a Filing Deadline by One Minute. Now He Says the City’s Clock Was Wrong – and an Official Misstated the Deadline.
Salt Lake Tribune – Erin Alberti | Published: 8/19/2019

Hubert Huh was booted from the recent primary election for Draper City Council after officials said he was one minute late to make a campaign filing. Now, Huh is suing the city, saying the clock in their administrative office was more than two minutes fast, and the city recorder provided the wrong date in a notification of the campaign finance disclosure deadline.

Washington – More from the Matt Shea Files: GPS trackers, a ‘provisional government’ and a hunt for moles
Spokane Spokesman-Review – Chad Sokol | Published: 8/19/2019

Washington Rep. Matt Shea used the phrase “Resistance to tyranny is obedience to God” repeatedly in emails to his associates on the far right, including militia members who took part in the armed standoff at an Oregon wildlife refuge. Critics fear that Shea, an Army combat veteran, is justifying violence. In addition to running “background checks” on liberal activists and supporting military-style training for boys and young men, Shea has in recent years sought to purchase GPS tracking devices, compiled dossiers on local progressive leaders, and kept a blacklist of suspected informants in his network. Shea also distributed a list that purported to include the names and phone numbers of every law enforcement officer working in Washington state, saying it would help to “confirm or deny legitimacy” of investigators who made contact.

Washington DC – ‘It’s Disgraceful’: Pressure grows on Metro board member over role in Evans probe
Washington Post – Peter Jamison, Robert McCartney, and Fenit Nirappil | Published: 8/21/2019

Pressure is mounting on Corbett Price, the District of Columbia’s second voting board representative on the Washington Metropolitan Area Transit Authority, to resign after allegations he leaned on the agency’s staff and took other steps to conceal an ethics violation by council member and former board member Jack Evans. An agency investigation found Evans failed to disclose a conflict-of-interest arising from his private consulting work for the city’s largest parking company. Records of the probe state both Evans and Price, in addition to falsely stating that Evans was cleared of wrongdoing, badgered the authority’s general counsel and maneuvered in other ways to prevent the findings from becoming public. Those allegations may have been a tipping point for some council members who did not support an earlier effort to remove Price from the board.

West Virginia – Lawmakers Call for Ethics Reform to Deal with Billionaire Resort-Owning Governor
ProPublica – Ken Ward Jr. (Charleston Gazette-Mail) | Published: 8/21/2019

West Virginia lawmakers are calling for a thorough reexamination of the state’s ethics rules following a media investigation of the conflicts-of-interest created by Gov. Jim Justice’s ownership of The Greenbrier resort. The Charleston Gazette-Mail and ProPublica found that, despite what the Justice administration called a “moratorium” on state spending at The Greenbrier, government agencies paid for more than $106,000 in meals and lodging at the luxury resort since Justice became governor. “He appears to be using public office for private gain,” said Sen. William Ihlenfeld. “I think the law can be beefed up to prevent this kind of thing.”

Campaign Finance

Rhode Island: “RI’s Board of Elections Remains an Underfunded Campaign Finance Watchdog” by Ian Donnis for The Public’s Radio

Ethics

Arkansas: “Orthodontist Accused of Bribing Former Arkansas Lawmaker” by Erik De La Garza for Courthouse News Service

California: “Oakland Coliseum Authority CEO Sought $50,000 Payment from RingCentral for Naming Rights Deal” by David Debolt for San Jose Mercury News

Colorado: “Aurora City Council Approves New Ethics Law, Opposes Lobbying Registration” by Kara Mason for Colorado Sentinel

Illinois: “Report Finds Sexual Harassment, Inappropriate Behavior and Bullying Widespread in Springfield; House Speaker Michael Madigan Takes Responsibility ‘for Not Doing Enough’” by Dan Patrella and Ray Long for Chicago Tribune

Massachusetts: “Former State Police Union Chief, Lobbyist Arrested by FBI; Alleged Bribery Plot Uncovered” by Travis Andersen, Gal Tziperman Lotan, and Jeremy Fox for Boston Globe

Oregon: “Oregon Officials Request Criminal Investigation into Newspaper Reporters Over After-Hours Phone Calls, Emails” by Meagan Flynn (Washington Post) for Seattle Times

West Virginia: “Lawmakers Call for Ethics Reform to Deal with Billionaire Resort-Owning Governor” by Ken Ward Jr. (Charleston Gazette-Mail) for ProPublica

Legislative Issues

National: “Cherokee Nation Sending First-Ever Delegate to Congress” by K Thor Jensen for Newsweek

Campaign Finance

Tennessee: “State Officials Launch Probe of Former House Speaker Glen Casada’s Campaign Finances” by Joel Ebert for The Tennessean

Elections

National: “Do Trump Officials Plan to Break Centuries of Precedent in Divvying Up Congress?” by Hansi Lo Wang for National Public Radio

Ethics

National: “Feds Charge Ex-UAW Leader in Growing Corruption Scandal” by Robert Snell, Kalea Hall, and Breana Noble for Detroit News

National: “Trump Wields Power Against Political Enemies” by Toluse Olorunnipa (Washington Post) for Beaumont Enterprise

California: “Former L.A. Planning Director Faces $281,000 Ethics Fine, the Largest of Its Kind” by David Zahniser, Emily Alpert Reyes, and for Los Angeles Times

Washington DC: “Jack Evans Threatened Metro Officials’ Jobs in an Effort to Conceal Ethics Violation, Documents Show” by Robert McCartney for Washington Post

Legislative Issues

Texas: “Committee Asks Texas Rangers to Investigate House Speaker’s Meeting with Empower Texans” by Tessa Weinberg for Fort Worth Star-Telegram

Lobbying

Pennsylvania: “Philly’s Voting Machine Contract Will Move Forward Despite Vendor ES&S’ Failure to Disclose Its Use of Lobbyists” by Jonathan Lai for Philadelphia Inquirer