Campaign Finance

Washington: “Split Court: Local initiatives subject to disclosure rule” by Gene Johnson (Associated Press) for KOMO

Ethics

National:”Prosecutors Examining Ukrainians Who Flocked to Trump Inaugural” by Kenneth Vogel, Scott Shane, Mark Mazzetti, and Iuliia Mendel (New York Times) for MSN

National: “Tom Udall to Introduce Senate Campaign Finance, Voting Rights and Ethics Reform Bill” by Richard Blumenthal for Huffington Post

National: “Michael Cohen Agrees to Testify to Congress About Work for Trump” by Maggie Haberman and Nicholas Fandos (New York Times) for MSN

Colorado: “Judge: State ethics panel has no jurisdiction over many Colorado cities” by Marianne Goodland for Colorado Politics

Kentucky: “He Bribed Andy Beshear’s Top Deputy. Now He’s Headed to Prison for Nearly 3 Years.” by Bill Estep for Lexington Herald-Leader

South Carolina: “SC Ethics Advocate Creates Ethics Dilemma by Gifting Corruption Book to Lawmakers” by Avery Wilkes for The State

Legislative Issues

Texas: “Texas Republicans Rally Behind Muslim Official as Some Try to Oust Him Over Religion” by Adeel Hassan (New York Times) for MSN

Federal:

Feds’ GoFundMe Campaigns Open a ‘Minefield’ of Ethical Questions During Shutdown
Federal News Network – Nicole Ogrysko | Published: 1/8/2019

The Office of Government Ethics said employees on unpaid furlough due to the government shutdown remain covered by federal ethics policies. Many of those on furlough are exploring taking outside jobs or applying for unemployment benefits. Some are soliciting donations on “GoFundMe” pages to ease the financial uncertainty of likely missed paychecks. But existing rules open a “minefield” of questions about how the employees can ask for contributions during shutdown furloughs, if at all, said Virginia Canter, an attorney for Citizens for Responsibility and Ethics in Washington. Typically, federal employees cannot accept gifts from “prohibited sources,” or organizations that do business with the employee’s agency. With that in mind, federal employees soliciting shutdown donations would need to ensure the source of every contribution.

How a Little-Known Democratic Firm Cashed in On the Wave of Midterm Money
Washington Post – Michelle Ye Hee Lee and Anu Narayanswamy | Published: 1/8/2019

Mothership Strategies, a little-known and relatively new digital consulting firm, collected tens of millions of dollars from a tide of small donations that flowed to Democrats during the 2018 midterm elections. The firm’s rapid ascendancy as one of the highest-paid vendors of the election since its launch speaks to how lucrative the explosion of small-dollar contributions has been for a group of political consultants who saw the wave of cash coming and built a business model to capitalize. But Mothership Strategies’ rise also has sparked consternation in Democratic circles because of its aggressive and sometimes misleading tactics. Some call its approach unethical, saying the company profits off stoking fear of Donald Trump and making the sort of exaggerated claims they associate with the president.

Manafort Intended for Polling Data to Go to 2 Ukrainian Oligarchs, a Source Says
Pittsburgh Post-Gazette – Katelyn Polantz and Evan Perez (CNN) | Published: 1/9/2019

Serhiy Lyovochkin and Rinat Akhmetov, two Ukrainian oligarchs who had paid Paul Manafort for years for his political work in their country, were the intended recipients of American polling data that Manafort shared with Konstantin Kilimnik during the 2016 presidential campaign, a person familiar with the matter said. Special counsel Robert Mueller’s team has been circling Lyovochkin and Akhmetov’s dealings with Manafort, as they were both generous backers of Manafort’s Ukrainian lobbying work. Manafort spokesperson Jason Maloni confirmed Manafort expected to receive the $2.4 million in income from his Ukrainian political backers, including Lyovochkin and Akhmetov. But the money was meant to reimburse old debts that predated the Trump campaign, spokesman Maloni added, and it was not a quid pro quo for the polling data.

Supreme Court to Hear Cases on Partisan Gerrymandering in Maryland, N. Carolina
Salt Lake Tribune – Robert Barnes (Washington Post) | Published: 1/4/2019

The U.S. Supreme Court once again will take up unresolved constitutional questions about partisan gerrymandering, agreeing to consider rulings from two lower courts that found congressional maps in North Carolina and Maryland so extreme they violated the rights of voters. The North Carolina map was drawn by Republicans, the Maryland districts by the state’s dominant Democrats. The Supreme Court has never found a state’s redistricting map so infected with politics that it violates the Constitution. It passed up the chance last term to settle the issue of whether courts have a role in policing partisan gerrymandering, sending back on technical rulings challenges to a Republican-drawn plan in Wisconsin, and the challenged Maryland map. But there will be a new set of justices considering the issue.

From the States and Municipalities:

Alabama: Secret Campaign to Use Russian-Inspired Tactics in 2017 Ala. Election Stirs Anxiety for Democrats
Denver Post – Craig Timberg, Tony Romm, Aaron Davis, and Elizabeth Dwoskin (Washington Post) | Published: 1/6/2019

A secret effort to influence the 2017 U.S. Senate election in Alabama used tactics inspired by Russian disinformation teams, including the creation of fake accounts to deliver misleading messages on Facebook to help elect Democrat Doug Jones in the deeply red state. But unlike the 2016 presidential campaign when Russians worked to help elect Donald Trump, the people behind the Alabama effort, dubbed Project Birmingham, were Americans. Now Democratic operatives and a research firm known to have had roles in Project Birmingham are distancing themselves from its most controversial tactics. Jones’s upset victory over Roy Moore in all likelihood resulted from other factors, political analysts say. But news of the effort has underscored the warnings of disinformation experts who have said threats to transparent political discourse in the age of social media are as likely to be domestic as foreign.

California: As Fires Ravaged California, Utilities Lobbied Lawmakers for Protection
MSN – Ivan Penn (New York Times) | Published: 1/5/2019

As more wildfires are traced to equipment owned by California’s investor-owned utilities, the largest, Pacific Gas and Electric, could ultimately have to pay homeowners and others an estimated $30 billion for causing fires over the last two years. Realizing their potential fire liability is large enough to bankrupt them, the utility companies are spending tens of millions of dollars on lobbying and campaign contributions. Their goal is a law that would allow them to pass on the cost of wildfires to their customers in the form of higher electricity rates. After an earlier lobbying push, legislators have already voted to protect the companies from having to bear the cost of fires in 2017, and utilities are seeking the same for 2018.

California: Irvine City Council Strengthens Lobbyist Policy
Voice of OC – Spencer Custodio | Published: 1/10/2019

The Irvine City Council strengthened its conflict-of-interest policy by adding a provision to its contracts which says if a council member or employee lobbied on behalf of a city contractor, the contract can be voided with cause and the city will get reimbursed. While there was a similar contract provision preventing employment of a city official by a city contractor, it did not address lobbying services – paid or unpaid.

Connecticut: Under the Influence: Marijuana industry seeks ruling on legality of political contributions in Connecticut
Hartford Courant – Neil Vigdor | Published: 1/8/2019

The pioneers of Connecticut’s growing medical marijuana industry say they should be allowed to donate to lawmakers who could make the state the next lucrative frontier for recreational cannabis. State election regulators came to the opposite conclusion on an informal basis early last year, finding medical marijuana growers and dispensaries are subject to the same ban on campaign contributions by state contractors under state law. But those business owners are disputing that “licensing arrangements” between the state and 18 dispensaries are contracts. They petitioned the State Elections Enforcement Commission for a formal ruling on their status.

Georgia: State Ethics Director Put on Paid Leave Over Porn, Misconduct Allegations
WSB – Richard Belcher | Published: 1/8/2019

The Georgia Government Transparency and Campaign Finance Commission voted to put Executive Director Stefan Ritter on paid leave and conduct an investigation after allegations he had pornography on his work computer. There also were complaints about his job performance, including irregular work hours. Ritter, who worked for over a decade as an assistant attorney general before taking over the commission, has been credited with cleaning up the troubled agency, reducing backlogs, and helping get raises for staff.

Maryland: Federal Judge Stops Enforcement of Maryland Election Law
Courthouse News Service – Edward Ericson Jr. | Published: 1/4/2019

A federal judge enjoined Maryland from enforcing a law aimed at preventing foreign interference in state elections while a challenge by a group of newspapers plays out in court. The Online Electioneering Transparency and Accountability Act requires platforms with more than 100,000 monthly visitors to publish the names and contact information for any purchaser of a “qualifying paid digital communication,” along with the price paid, among other provisions. Some of the information the law demands is proprietary, such as how many people the ads reached. Much of the rest, U.S. District Court Judge Paul Grimm found, is duplicative.

Michigan: Whitmer Choice Raises Questions About State’s Conflicts of Interest Laws
Detroit Free Press – Paul Egan | Published: 1/7/2019

Michigan Gov. Gretchen Whitmer named Orlene Hawks as director of the Department of Licensing and Regulatory Affairs (LARA), an agency with responsibilities that include oversight of Michigan’s new marijuana industry, liquor licensing, the regulation of utilities, and licensing of doctors and hospitals. Hawks is married to Michael Hawks, an owner and principal of Government Consultant Services Inc., which represents many clients affected by the policies and rulings of LARA and its sub-agencies. An ethics expert said the potential issues raised by the situation underline a need for stronger financial disclosure and conflict-of-interest laws in Michigan.

Montana: Montana’s Dark Money Detective
Pacific Standard – Jimmy Tobias | Published: 1/9/2019

With a history of ant-corporate populism and intimate electoral campaigns, Montana is the sort of place where someone can run for office without a lot of money and still stand a chance. It is a state with just a million people and little tolerance for big money meddling in elections. As the former commissioner of political practices, Jonathan Motl set an example for other states that are also contending with the influence of unaccountable election spending. A ruling by the state Supreme Court upholding a conviction against former Sen. Art Wittich for corruption and violating campaign finance laws was a vindication and a climactic moment in Montana’s anti-corruption efforts.

Oklahoma: Stitt Unveils Plan to Address Potential Business Conflicts
Oklahoma Watch – Paul Monies | Published: 1/7/2019

Incoming Oklahoma Gov. Kevin Stitt is asking the state attorney general to review his plan to step away from his mortgage company as it becomes a bank and to approve a conflict-of-interest policy for his family investments. Stitt is facing potential conflicts-of-interest related to Gateway Mortgage Group, which he founded, and possibly some real estate and other personal investments. The first step in this shift from private businessperson to public official has to do with the state banking commission. Stitt pledged to have no contact with the state banking commissioner on Gateway-related matters, as it is converting to a bank. The governor appoints the banking commissioner and members of the state banking board.

Oregon: BOLI Finds ‘Substantial Evidence’ of Sexual Harassment at Oregon Capitol
Portland Oregonian – Ted Sickinger and Hillary Borrud | Published: 1/3/2019

Oregon labor regulators found “substantial evidence” of sexual harassment at the Capitol, concluding that lawmakers and administrators have known about it for years and did little to stop it. The Bureau of Labor and Industries released its findings after a five-month investigation, as well as a laundry list of allegations gleaned from witness interviews conducted by agency investigators, legislative analysts, and an attorney hired by the Legislature to investigate the harassment claims. The report concludes the most powerful lawmakers and administrators in the Capitol mishandled, downplayed and ignored allegations of sexual harassment, including inappropriate touching, sexually suggestive language, and the lopsided power dynamics that enabled the behavior.

Washington: From Campaign Consultant to Lobbyist and Adviser: The firm that has Seattle Mayor Jenny Durkan’s ear
Seattle Times – Daniel Beekman and Lewis Kamb | Published: 1/6/2019

Political operatives Sandeep Kaushik and Kelly Evans helped Jenny Durkan win Seattle’s mayoral race in 2017. As Durkin embarks on her second year, they and their company, Sound View Strategies, have emerged as key players at City Hall. They successfully ran the mayor’s campaign for a $600 million education levy. Durkan’s major-initiatives director, office administrator, and chief of staff all are former Sound View employees. Kaushik describes himself and Evans as members of Durkan’s informal “kitchen cabinet,” even as they lobby her administration and advocate for corporate clients such as Comcast and Airnub. The mayor downplayed Sound View’s clout. Her ties to the company are known, and the city’s requirements are adequate to protect against real and perceived conflicts, Durkin said.

Campaign Finance

National: “How a Little-Known Democratic Firm Cashed in On the Wave of Midterm Money” by Michelle Ye Hee Lee and Anu Narayanswamy for Washington Post

Connecticut: “Under the Influence: Marijuana industry seeks ruling on legality of political contributions in Connecticut” by Neil Vigdor for Hartford Courant

Montana: “Montana’s Dark Money Detective” by Jimmy Tobias for Pacific Standard

Elections

California: “Supreme Court Rules Against Mystery Corporation from ‘Country A’ Fighting Subpoena in Mueller Investigation” by Robert Barnes, Devlin Barrett, and Carol Leonnig (Washington Post) for San Jose Mercury News

Ethics

National: “Feds’ GoFundMe Campaigns Open a ‘Minefield’ of Ethical Questions During Shutdown” by Nicole Ogrysko for Federal News Network

National: “Pro-Pruitt Group Took Big Checks in Secret” by Alex Guillen for Politico

Georgia: “State Ethics Director Under Ethics Investigation” by Dale Russell for WAGA

Hawaii: “Why Critics Say New House Sexual Harassment Policy Doesn’t Go Far Enough” by Anita Hofschneider for Honolulu Civil Beat

New York: “As Session Starts, Legislators and Advocates Push Overhaul of State Ethics Enforcement” by Samar Khurshid for Gotham Gazette

Legislative Issues

National: “Young People Power into Statehouses and City Halls” by Graham Vyse for Governing

Federal:

Mueller Fuels Foreign Lobbying Crackdown
The Hill – Morgan Chalfont and Alex Gangitano | Published: 12/31/2018

The Federal Agents Registration Act dates to 1938, when it was passed to ensure transparency of foreign influence in the American political process as a result of fears over Nazi and communist propaganda. It has been amended twice since then but is essentially the same law. It requires that “agents of foreign principals,” typically lobbyists or consultants who work for foreign governments or political parties, register and file regular reports with the Justice Department on their activities. They also must file copies of materials they distribute for any foreign entities and keep a record of their activities. Criminal prosecutions under the law have been few and far between, but special counsel Robert Mueller’s investigation has changed that, at least for the time being.

Sexism Claims from Bernie Sanders’s 2016 Run: Paid less, treated worse
MSN – Sydney Ember and Katie Benner (New York Times) | Published: 1/2/2019

Accounts of sexual harassment and demeaning treatment, as well as pay disparity, in U.S. Sen. Bernie Sanders’s 2016 presidential campaign have circulated in recently in emails, online comments, and private discussions among former supporters. As Sanders tries to build support for a second run at the White House, his perceived failure to address this issue has damaged his progressive bona fides, nearly a dozen former state and national staff members said. It also has raised questions among them about whether the senator can adequately fight for the interests of women, who have increasingly defined the Democratic Party, if he runs again for the presidential nomination. The former staff members said complaints about mistreatment and pay disparity during and just after the campaign reached some senior leaders of the operation.

Trump Effect: How out-of-state money fueled Democratic House wins in 2018
USA Today – Maureen Groppe and Christopher Schnaars | Published: 12/29/2018

The Democrats who captured the U.S. House by flipping 43 districts from red to blue in the November election received on average more than half of their large-dollar campaign funds from outside their states. By contrast, defeated Republicans in those districts collected only about one-third of their itemized funds from outside their states. The money that poured into House races from out-of-state donors was another example of the nationalization of the 2018 midterm elections that were partly a referendum on President Trump’s first two years in office. Analysts said the data reinforced other signs that opposition to Trump helped to motivate Democratic donors.

From the States and Municipalities:

Alabama: Ethics Revision Commission Could Give Legislators Multiple Choices
Montgomery Advertiser – Brian Lyman | Published: 12/27/2018

A commission working on proposed changes to the state’s ethics law might deliver multiple options to legislators next year. Tom Albritton, executive director of the Alabama Ethics Commission, said the final proposals will likely include a range of options on different issues for lawmakers to take up, should they decide to revise ethics laws in the legislative session that begins next March. The Code of Ethics Clarification and Reform Commission has taken up a number of issues, though it has spent a great deal of time on the definition of “principal,” or a person or entity who hires a lobbyist.

Delaware: Former Delaware Lawmaker Melanie George Smith’s New Career Draws Complaints of Self-Dealing
Wilmington News Journal – Scott Goss | Published: 1/2/2019

Former Rep. Melanie George Smith has launched a consulting firm that critics say is benefiting from a Delaware “sustainability” industry that she helped create during her final months in office. Her business, Sustainable World Strategies, is prompting questions about the rules that are supposed to stop state lawmakers from crafting legislation that benefits them personally. Smith rejects the notion that her business has anything to do with the legislation she sponsored. “They are completely separate,” she said. “And when you introduce legislation in Dover that is broadly beneficial to everybody, there is no conflict whatsoever.”

Florida: Lauren Book Proposes ‘Swearing In’ Legislative Speakers
Florida Politics – Jim Rosica | Published: 1/2/2019

Florida Sen. Lauren Book filed the Truth in Government Act for the 2019 legislative session that would require people appearing at legislative committees to be sworn in before speaking. Those making a “false statement that he or she does not believe to be true, … in regard to any material matter, commits a felony of the third degree,” Senate Bill 58 says. But the legislation exempts lawmakers themselves, staff members, and children. The majority of speakers before legislative panels are paid lobbyists. “I don’t think it’s necessary because it confuses 1st Amendment-right advocacy with investigatory or legal proceedings that require testimony under oath,” one lobbyist said.

Idaho: Why Does This Charity Golf Event Hosted by Idaho’s Governor Cost More Than It Gives Out?
Idaho Statesman – Audrey Dutton | Published: 1/3/2019

The annual Governor’s Cup tournament is a multiday golf and sporting affair that raises money for college and trade-school scholarships in Idaho. The event is hosted by the governor and first lady and is attended by the state’s political and business movers and shakers. Almost every year of the past decade, the nonprofit that runs the tournament has spent at least twice as much money on throwing the annual event than it has awarded in financial aid. Marcus Owens, a former director of the IRS’s division for tax-exempt organizations, said the event’s cost calls into question its primary purpose. “It sure sounds like this is an opportunity for lobbyists to do what lobbyists do outside the eyes of reporters or the general public,” said Owens.

Illinois: Feds Charge Powerful Ald. Edward Burke with Corruption
Chicago Tribune – Jason Meisner | Published: 1/3/2019

Chicago Ald. Edward Burke was charged with attempted extortion in a federal criminal complaint. It alleges Burke tried to extort a company that owns fast-food restaurants in the Chicago area and needed help with permits for a remodeling job. The complaint also alleged Burke illegally solicited a campaign donation from an executive with the restaurant company for another politician, who is not named in the charges. The criminal charge was stunning even for a city with a long history of public corruption. While dozens of his city council colleagues have been convicted and sent to prison over the decades, Burke was largely seen as too clever or sophisticated to be caught. He had faced federal scrutiny several times before but always escaped charges.

Missouri: No More Free Lunch for Missouri Lawmakers. Literally.
St. Louis Post-Dispatch – Kurt Erickson | Published: 1/3/2019

Although it could face a test in court, a possible repeal by frustrated lawmakers, and varied legal opinions from ethics regulators, the so-called Clean Missouri ballot measure approved by voters in November places a five-dollar cap on gifts lawmakers can receive from lobbyists. That means fewer lobbying groups offering free food to lawmakers and legislative staffers during the busy crush of the legislative session that begins January 9 and runs through May 17. It means no more dinners being purchased by lobbyists for lawmakers at local restaurants, nor free tickets to baseball games, concerts, or golf tournaments. For lobbyists, lawmakers, and restaurateurs in Jefferson City, the changes are significant.

Missouri: State Seeks Dismissal of Lobbyist Gift Ban Lawsuit
St. Louis Post-Dispatch – Kurt Erickson | Published: 12/26/2018

Missouri Attorney General Josh Hawley is asking a federal judge to dismiss a lawsuit that sought to overturn a ban on workers in the governor’s office receiving gifts from lobbyists. Gov. Mike Parson in November rewrote an order issued by his predecessor, Eric Greitens, that had prohibited all gifts from lobbyists. The change was aimed at allowing groups to distribute informational booklets to employees of the state’s chief executive. In October, the Institute for Justice said the ban on gift-giving violated the organization’s First Amendment rights to free speech because it prohibits them from giving workers in Parson’s office two books. Hawley’s office said the change makes the lawsuit unnecessary.

New Jersey: New Jersey Is the Latest Battleground in National Redistricting Fight
Politico – Matt Freidman | Published: 12/28/2018

Democrats who control the New Jersey Legislature attempted to fast track a constitutional amendment to change the way the state draws its legislative districts. The plan would have inserted a formula into the state constitution almost certainly cementing Democratic majorities for decades to come. But to a new wave of liberal activists, it reeked of an attempted power grab. Their party’s redistricting amendment gave them a new target and joined by good government groups and Republican state lawmakers who stood to see their already diminished clout reduced further, they held rallies in front of the Statehouse to oppose it.  Redistricting is drawing more and more mainstream attention, with New Jersey the latest state to battle over the drawing of district lines in the run-up to 2020.

New York: N.Y.’s New Attorney General Is Targeting Trump. Will Judges See a ‘Political Vendetta?’
MSN – Jeffery Mays (New York Times) | Published: 12/31/2018

Letitia James, the incoming New York attorney general, has suggested that President Trump could be charged with obstruction of justice, and implied that foreign governments channeled money to his family’s real estate holdings, which she characterized as a “pattern and practice of money laundering.” Democratic attorneys general across the country have used their offices to confront Trump. But since her election, James has opened herself up to criticism that she has gone too far in allowing politics to shape her agenda. Her strident attacks on the president could potentially threaten the legal standing of cases that her office brings against Trump, his family members or their business interests, legal experts said.

North Carolina: NC Lawmakers Override Veto of Bill That Makes Allegations of Campaign Finance Violations Secret
Raleigh News and Observer – Craig Jarvis | Published: 12/27/2018

Republican lawmakers held off North Carolina Gov. Roy Cooper’s attempt to muster enough Democrats to thwart an override of his veto of an elections law bill. A large majority of Democrats had voted to approve the bill, as it reflected changes in state election law that Cooper achieved in a lawsuit. But despite negotiations with legislative leaders over how to accomplish those changes, Cooper focused the argument on keeping accusations of campaign finance violations secret. Cooper opposed a provision in the bill that will require allegations of campaign finance wrongdoing to be probed by the State Ethics Commission and its findings to be referred to the State Board of Elections. The elections board could then refer the matter to local prosecutors to consider bringing criminal charges, all in confidence.

South Dakota: Undisclosed Donors Gave $95K in SD Governor Race
Rapid City Journal – Seth Tupper | Published: 12/30/2018

An out-of-state PAC that ran advertisements supporting Kristi Noem and opposing Billie Sutton in the race for South Dakota governor received $95,000 from undisclosed sources during the final week of the campaign. The money was raised by a corporation, apparently a 501(c)4 nonprofit, that does not disclose its donors. The corporation then gave the money to a super PAC, which appears to have spent most or all the money on independent expenditures in the race. The contributions from the corporation to the super PAC occurred late enough in the campaign that they did not show up on the super PAC’s campaign finance reports until a post-election report, which was filed on December 6.

Federal:

Lawmakers Push Review of New Member Events After Complaints Over Lobbyists at Harvard Orientation
Washington Post – Jeff Stein | Published: 12/14/2018

Harvard invited lobbyists to speak at its orientation program for incoming members of Congress and paid for travel and board for the newly elected members of the House to attend. Under House rules, that arrangement would typically be subject to an extensive review by the ethics committee before members could be cleared to attend. But Harvard’s program was not for sitting members of Congress, it was for members to-be, who will not be sworn in until January. Lawmakers say they are planning to review House ethics rules for incoming members, bringing new scrutiny to Harvard’s decades-long orientation program, as well as a broader review of how lobbyists reach incoming freshman lawmakers.

Targets of U.S. Sanctions Hire Lobbyists with Trump Ties to Seek Relief
MSN – Kenneth Vogel (New York Times) | Published: 12/11/2018

As the Trump administration has increasingly turned to sanctions, travel restrictions, and tariffs to punish foreign governments as well as people and companies from abroad, targets of those measures have turned for assistance to K Street’s corridor of law, lobbying, and public relations firms. The work can carry reputational and legal risks, since clients often come with toxic baggage and the U.S. Treasury Department restricts transactions with entities under sanctions. As a result, it commands some of the biggest fees of any sector in the influence industry. And some of the biggest payments have been going to lobbyists, lawyers, and consultants with connections to Trump or his administration.

From the States and Municipalities:

Arizona: Bennett Loses Court Bid to Get Public Financing for Gubernatorial Campaign
Arizona Capitol Times – Howard Fischer (Capitol News Srevices) | Published: 12/14/2018

A judge rejected the latest bid by Ken Bennett to get public financing for his failed gubernatorial bid in Arizona, or at least reimburse himself for the money he spent. Maricopa County Superior Court Judge Teresa Sanders acknowledged Bennett said he did have enough valid signatures on five-dollar donation forms to qualify for $839,704 which was available for candidates in the Republican primary for governor earlier this year. Bennett said he fell short only because some county election officials incorrectly classified some of them as invalid. But Sanders said there is nothing in Arizona law that provides an opportunity for a candidate to “rehabilitate” previously disqualified contribution slips.

Florida: ‘He Got Screwed’: Gillum absent from indictment after DeSantis bashed him as corrupt
Politico – Marc Caputo | Published: 12/12/2018

City Commissioner Scott Maddox and political consultant Janice Paige Carter-Smith were indicted on bribery and other charges in the first results to emerge from a years-long investigation into corruption in Tallahassee. Florida Gov. Rick Scott issued an executive order suspending Maddox from the commission. Maddox had served as mayor, while Carter-Smith was his chief of staff and business partner. The indictment alleges they conspired to run two companies as one, known as Governance, in a far-reaching racketeering scheme. It did not name Andrew Gillum, who was Tallahassee’s mayor at the time and was accused on the gubernatorial campaign trail this year of being tied to the suspected wrongdoing the FBI was investigating.

Kansas: Kansas Lawmakers Can Quickly Become Lobbyists, but Many States Make Them Wait
Wichita Eagle – Jonathan Shorman | Published: 12/20/2018

Kansas has no law stopping legislators from immediately becoming a lobbyist after they leave office, unlike the majority of states. At least 38 states have some kind of waiting period for lawmakers who want to become lobbyists. Supporters of the waiting periods say they are needed to stop lawmakers from being influenced by potential future employers while they are in the Legislature. Others question their usefulness. U.S. Rep. Lynn Jenkins’ move to set up a lobbying firm while still in Congress drew attention to Kansas’ lack of a waiting period. While Jenkins is a federal lawmaker, her new firm plans to lobby at both the state and federal level. Federal rules require Jenkins to wait a year before lobbying at the federal level.

New Hampshire: Sununu, Inner Circle Received Thousands from Lobbyist-Funded Nonprofit
Manchester Union Leader – Todd Feathers | Published: 12/15/2018

Lobbying firms and corporations donated to New Hampshire Gov. Chris Sununu’s inaugural party committee, helping raise $450,000. But when all the festivities were finished, there was still money left over in the accounts of The Sununu Inaugural Celebration Inc., a 501c(4) organization set up to pay for the parties. And most of the surplus funds have since been paid out to Sununu, his immediate family, and his closest advisers. The transactions create the appearance of conflicts-of-interest and improper profiteering, tax attorneys and ethics experts say, and raise a number of legal questions. The explanations for the payments are vague. Reports filed with the secretary of state’s office simply state the purposes as “expenses” or “travel.”

New Jersey: GoFundMe Violates Election Law, but Candidates Keep Using It
Bergen Record – Nicholas Katzban | Published: 12/17/2018

In a race for seats on the Rutherford school board, Kevin Wilson and Hesham Mahmoud challenged three incumbents in November’s election. The two received $375 in contributions through GoFundMe, which they reported to the New Jersey Election Law Enforcement Commission (ELEC). But no matter the amount, the commission said use of the site for political fundraising is prohibited due to the difficulty in tracing the source of the donations. GoFundMe’s compliance director, Stephanie Olivo, said ELEC’s policy on crowdfunding is guided by an advisory opinion issued in 2001. The statement does not address crowdfunding sites, specifically, but does outline the services that must be available through an online vendor, that would ensure each transaction complies with election law.

New York: JCOPE’s New Regs Constrained by Settlement
Albany Times Union – Chris Bragg | Published: 12/19/2018

A settlement was reached in a lawsuit challenging the Joint Commission on Public Ethics’ (JCOPE) new regulations on lobbying. Under the terms of the agreement, the 92 pages of rules are defined simply as a “statement” for how the agency plans to administer and enforce state lobbying law. New York Attorney General Barbara Underwood’s office agreed the regulations will not in and of themselves have the force and effect of law. That makes the guidelines different from some regulations traditionally created by state agencies, violations of which can on their own be the basis for penalties. But JCOPE Executive Director Seth Agata argued that, in practical terms, the settlement would have virtually no effect, and the agency still planned to vigorously enforce the regulations as planned.

North Carolina: Secrecy Provision in Elections Board Bill Prompted Cooper Veto
WRAL – Matthew Burns | Published: 12/18/2018

North Carolina Gov. Roy Cooper said he will veto legislation that again overhauls the state elections board because it also would make investigations of potential campaign finance violations confidential. The bill comes amid an investigation by the State Board of Elections and Ethics Enforcement into suspicious absentee voting in the Ninth Congressional District, and Cooper said lawmakers should be more concerned about building public confidence in elections than in protecting politicians who bend the rules. House Bill 1029 also would place a four-year statute of limitations on investigations, with the clock starting once the board knows, or should have known, about a violation of the state’s campaign finance rules.

North Dakota: Wary of New Ethics Rules, North Dakota Lobbyists Rethink Plans for Legislator Receptions
Bismarck Tribune – John Hageman | Published: 12/13/2018

Some lobbying groups are rethinking plans to hold events with state lawmakers after North Dakota voters passed a ballot measure establishing new ethics rules in the state constitution. Industry group leaders cited language in Measure 1 that prevents lobbyists from giving gifts to public officials. Although that provision is not effective for two years and includes exceptions for educational and social settings meant to “advance opportunities for North Dakota residents to meet with public officials,” lobbyists said they were taking a conservative approach to the new rules.

Oklahoma: State Rule Would Disclose Hidden Backers of Groups Trying to Affect Legislation
Oklahoma Watch – Paul Monies | Published: 12/17/2018

The Oklahoma Ethics Commission is proposing to close a gap in law that keeps certain funding and spending on efforts to influence legislation a secret. Although sources and amounts of money are typically required to be disclosed when groups seek to influence an election involving candidates or state ballot questions, little must be revealed when a group tries to push or oppose legislation. The proposed rule would mandate certain disclosures for groups that pay for communications about pending bills. Commission Executive Director Ashley Kemp said the proposal just adds another category for what is called “indirect lobbying” at the Legislature.

Pennsylvania: Pennsylvania Ethics Commission Fines Workers Comp Law Firm’s Lobbying Wings for Late Disclosure of Influence Peddling
Allentown Morning Call – Steve Esack | Published: 12/7/2018

A pair of lobbying groups connected to the law firm Pond Lehocky Stern Giordano violated Pennsylvania’s lobbying law and were fined. If at least $2,500 is spent to lobby legislation, the lobbyists involved are given 10 days to register and must file quarterly expenditure reports. The State Ethics Commission determined PA Works Now and Citizens to Protect Our Pennsylvania failed to register and did not report $115,800 spent on professional lobbyists, online posts, billboards, and flyers aimed at defeating two Workers’ Compensation bills. PA Works Now did not register its lobbying activities until 388 days after it started. PA Works Now must pay a fine of $13,580 and Citizens to Protect Our Pennsylvania was fined $15,500.

South Carolina: SC Lawmaker Benefiting from Law Change That Opened Top State Agency Slot for Him
Charleston Post and Courier – Jamie Lovegrove | Published: 12/10/2018

As South Carolina lawmakers considered reauthorizing the state’s land preservation agency this year, they proposed restricting legislators from taking over the department for one year after leaving office. But in the final version of the bill, the one-year waiting period for the Conservation Bank was removed. Now, just a few months after the bill passed, a lawmaker who has supported the agency for years stands to benefit from that last-minute change. State Rep. Mike Pitts, who oversaw the agency’s budget and headed the House ethics committee, announced he is retiring to take over the Conservation Bank.

Vermont: As Ethics Panel Director Steps Down, Differing Explanations Are Offered
VTDigger.org – Mark Johnson | Published: 12/14/2018

Vermont Ethics Commission Executive Director Brian Leven has resigned but he and the panel’s chairperson have offered different reasons why the separation occurred. Leven said he believed the commission exceeded its authority in an advisory opinion involving Gov. Phil Scott issued earlier this year. After taking the executive director job last December, he said he resigned because he and the commission were at odds over what powers the Legislature intended to give the board. Commission Chairperson Madeline Motta said the panel and Leven parted ways because of his “work performance.”

Washington: Facebook, Google to Pay Washington $450,000 to Settle Lawsuits Over Political-Ad Transparency
Seattle Times – Jim Brunner | Published: 12/19/2018

Google and Facebook agreed to pay $455,000 for violating Washington’s campaign finance law. Google will pay $217,000 and Facebook will pay $238,000 in response to two lawsuits filed by state Attorney General Bob Ferguson that accused the companies of not obeying the state law requiring them to maintain detailed records about who is paying for online political ads on their platforms. The lawsuits came after the state’s Public Disclosure Commission issued regulations related to a new law and passed an emergency rule that clarified digital ad companies like Google and Facebook are subject to state law requiring them to maintain publicly available information about political ads, just like television stations and other media.

Campaign Finance

National: “Trump Inaugural Fund and Super PAC Said to Be Scrutinized for Illegal Foreign Donations” by Sharon LaFraniere, Maggie Haberman, and Adam Goldman (New York Times) for MSN

Elections

National: “New Report on Russian Disinformation, Prepared for the Senate, Shows the Operation’s Scale and Sweep” by Craig Timberg and Tony Room (Washington Post) for San Jose Mercury News

Ethics

National: “Ryan Zinke’s Legal Troubles Are Far from Over” by Julie Turkewitz (New York Times) for MSN

Florida: “Ex-City Manager Rick Fernandez Agrees to Fines in Ethics Case” by Jeff Burlew for Tallahassee Democrat

Legislative Issues

Wisconsin: “Scott Walker Signs Lame-Duck Legislation Without Vetoes Curbing His Democratic Successor’s Power” by Patrick Marley and Molly Beck (Milwaukee Journal Sentinel) for USA Today

Lobbying

National: “Flynn Business Associates Charged with Illegally Lobbying for Turkish Government” by Caitlin Oprysko for Politico

Florida: “FDLE Investigation Finds Brevard School Officials Manipulated Process for Hiring Lobbying Firm” by Caroline Green for Florida Today

New Hampshire: “Sununu, Inner Circle Received Thousands from Lobbyist-Funded Nonprofit” by Todd Feathers for Manchester Union Leader

North Dakota: “Wary of New Ethics Rules, North Dakota Lobbyists Rethink Plans for Legislator Receptions” by John Hageman for Bismarck Tribune

Campaign Finance

National: “Democratic, GOP Super PACs Quadruple Fundraising as Big-Money Groups’ Influence Grows” by Maggie Severns for Politico

Elections

North Carolina: “Harris Campaign Owes $34K, in Part for Disputed Bladen Absentee Effort” by Travis Fain for WRAL

Ethics

National: “Billionaire GOP Donor Gave Scott Pruitt $50,000 for Legal Expenses” by Brady Dennis and Juliet Eilperin (Washington Post) for MSN

Legislative Issues

New York: “Commission Recommends Pay Increases and Ethics Reforms for State Legislators” by Ben Brachfeld for Gotham Gazette

Lobbying

Kansas: “Lynn Jenkins Sets Up Lobbying Business — But She’s Still a Kansas Congresswoman” by Jonathan Shorman (Wichita Eagle) and Bryan Lowry for McClatchy DC

Missouri: “Missouri Lawmaker Quits in Last Moment Before Lobbying Limit” by David Lieb (Associated Press) for Columbia Missourian

Procurement

Tennessee: “Nashville Mayor David Briley Taps Former Judge as First-Ever Chief Compliance Officer” by Joey Garrison for The Tennessean

National:

Republicans in Wisconsin, Michigan Push to Curb Power of Newly-Elected Democrats
Washington Post – Mark Berman, Emily Wax-Thibodeaux, and Dan Simmons | Published: 12/5/2018

Following losses in statewide elections, Republicans in Wisconsin and Michigan have responded with pushes to limit the power of Democrats who won those offices, as advocacy groups threaten to block their efforts with legal action. Wisconsin Republicans passed bills that effectively kneecap the state’s incoming Democratic governor and attorney general with measures that limit or eliminate their abilities to act on aspects of gun control, a lawsuit on the Affordable Care Act, and various other state matters. Republican lawmakers in Michigan are similarly attempting to shift authority from the Democrats recently elected as governor, attorney general, and secretary of state, the first time the party will hold all three positions in nearly three decades.

Federal:

Prosecutors Ramp Up Foreign Lobbying Probe In New York
TPM – Eric Tucker, Desmond Butler, and Chad Day (Associated Press) | Published: 12/5/2018

Spinning off from the special counsel’s Russia probe, prosecutors are ramping up their investigation into foreign lobbying by two major Washington, D.C. firms that did work for former Trump campaign chairperson Paul Manafort, according to people familiar with the matter. The investigation had been quiet for months since special counsel Robert Mueller referred it to authorities in Manhattan because it fell outside his mandate of determining whether the Trump campaign coordinated with Russia. But in a flurry of new activity, Justice Department prosecutors in the last several weeks have begun interviewing witnesses and contacting lawyers to schedule additional questioning related to the Podesta Group and Mercury Public Affairs.

Saudi-Funded Lobbyist Paid for 500 Rooms at Trump’s Hotel After 2016 Election
MSN – David fahrenthold and Jonathan O’Connell (Washington Post) | Published: 12/5/2018

Saudi lobbyists moved some business to President Trump’s hotel in Washington, D.C., last year following the 2016 election, paying for an estimated 500 nights’ stay over just three months at the Trump International Hotel. Until December 2016, the lobbyists were booking at hotels in Northern Virginia. The lobbyists, backed by the Saudi Arabian government, spent around $270,000 at the Trump hotel in total, housing dozens of U.S. military veterans brought to the district to lobby Congress against a recently-passed law allowing victims of the September 11 terrorist attacks to sue other governments. The 500 nights in Trump’s hotel came at a discounted rate, and organizers claim that is the reason they moved their business there. Some of the veterans said they were not aware they were lobbying on behalf of Saudi Arabia.

From the States and Municipalities:

Arizona – Ruling Restores Expanded Oversight by Clean Elections Commission Over Campaign Finances
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 12/6/2018

Maricopa County Superior Court Judge David Palmer ruled that major parts of a rewrite of Arizona’s campaign finance laws violate the state constitution. The judge said parts of the law illegally strip power from the Citizens Clean Elections Commission. The power to investigate campaign finance violations and act as filing officer for candidates was handed to the secretary of state under the law. The 2016 law created large exemptions in what counts as a contribution, including allowing political parties to spend unlimited sums backing a candidate. It also allowed unlimited spending on legal fees and other types of support for candidates and political committees without being counted toward contribution limits. Palmer ruled all those provisions violate the Voter Protection Act.

California – L.A. Councilman’s Wife Was a Paid Fundraiser. Ex-Aides Say He Assigned Them to Help
Los Angeles Times – Adam Elmahrek, David Zahniser, and Emily Alpert-Reyes | Published: 11/30/2018

Los Angeles City Council member Jose Huizar personally asked companies that do business at City Hall to donate to a private school where his wife was working as a professional fundraiser and also assigned his staff to help with the effort. Huizar instructed staffers to work on a yearly fundraiser for Bishop Mora Salesian High School, and the assignment was considered part of their job duties. Huizar also sent an email to aides in 2013 identifying lobbyists, city contractors, and others whom he had contacted about making a donation. In the email, Huizar said two of his staff members were assisting in the fundraising effort. Two donors who gave to Salesian in 2015 said they were asked to do so by Huizar staffers.

District of Columbia – D.C. Council Approves Sweeping Changes to Campaign Finance, Bans ‘Pay to Play’
Washington Post – Peter Jamison | Published: 12/4/2018

The District of Columbia Council passed legislation that addresses the city’s “pay-to-play” culture. The bill would ban campaign donations from firms and their top executives if they hold or are seeking government contracts worth at least $250,000. It would also give new authority to the city’s Office of Campaign Finance and require increased disclosures from independent expenditure committees. Amendments to the bill allow contractors to contribute to their own campaigns if they run for office and extend the deadline for closing campaign committees to 12 months after an election. Mayor Muriel Bowser could sign or veto the legislation or let it become law without signing it. She has not taken a position on restricting campaign donations from government contractors.

Hawaii – City Ethics Commission Is Investigating Far Fewer Cases Than 2 Years Ago
Honolulu Civil Beat – Natanya Friedheim | Published: 12/6/2018

The Honolulu Ethics Commission has kept a low profile since the tumultuous departure of its former director, Chuck Totto, more than two years ago. Totto’s replacement, Jan Yamane, has shifted the commission’s focus from investigating misconduct to training city employees and encouraging good behavior. “It doesn’t mean enforcement isn’t going to happen, but we would like to be more proactive,” Yamane said. In the years leading up to Totto’s departure, the commission saw a dwindling number of requests for advice, from an average of 342 per year from fiscal years 2012 to 2016 to just 182 requests in the 12 months following Totto’s exit. For some, the commission is now too quiet.

Illinois – Chicago Architects Don’t Just Draw – They Shower Aldermen with Campaign Cash
Chicago Tribune – Blair Kamin and Todd Lighty | Published: 12/6/2018

Chicago architects have long been viewed as more high-minded than developers, who are seen as plying the city’s aldermen with campaign money to get their projects off the ground. But that image of political purity bears little relation to reality. A virtual who’s who of Chicago architects has given tens of thousands of dollars to city council members who hold near-total power to determine whether their projects get built. Architects even have hosted fundraisers for aldermen. In some cases, donations are made while a project’s future hangs in the balance. In others, aldermen reported receiving the contributions not long after the proposals were approved. Watchdogs worry the contributions give architects an advantage over ordinary residents who oppose projects but may not have their alderman’s attention.

Massachusetts – Massachusetts Campaign Finance Law on Union Donations Appealed to U.S. Supreme Court
MassLive.com – Shira Schoenberg | Published: 12/5/2018

The Massachusetts Fiscal Alliance, after losing a challenge to the state’s ban on corporate political donations in the Supreme Judicial Court, is seeking to challenge the law before the U.S. Supreme Court. Massachusetts law prohibits corporations from contributing directly to candidates or establishing PACs but allows them to make unlimited independent expenditures, with certain disclosure requirements. The plaintiffs in the state case argued the ban violates their First Amendment rights and unfairly applies to corporations but not entities like unions and nonprofits. The Supreme Judicial Court ruled the ban on corporate donations does not violate free speech rights and can help prevent actual and perceived corruption.

Minnesota – You Know You Want to Read This Sexy Story about Legislative Process Reform
Minnesota Post – Peter Callaghan | Published: 11/29/2018

There might have been no better illustration of how long the lack of transparency at the Minnesota Legislature has been a problem than the testimony provided by a longtime lobbyist and former legislative staffer at a recent hearing on legislative process reform. Phil Griffin dug up and offered testimony on the shortcomings of the legislative process he had delivered before – in 2008. The concerns were much the same back then, Griffin said, and they remain today: The Legislature is hard to follow, even for those who get paid to do so. Too much work is done out of public view, too much is left for the closing days, and too much business is left to be addressed in massive omnibus bills that include dozens and sometimes hundreds of bills. Others echoed those complaints.

Missouri – Missouri Lawmakers Resign Ahead of New Lobbyist Limits
St. Louis Post-Dispatch – David Lieb (Associated Press) | Published: 12/4/2018

Three Missouri lawmakers have resigned just ahead of the date a new constitutional amendment takes effect requiring legislators to wait two years before they can become lobbyists. State Sen. Jake Hummel confirmed he resigned in order to preserve his right to register as a lobbyist sooner rather than later. Current law requires legislators to wait six months after the end of their elected term before they can start lobbying. The new amendment requires them to wait two years after the end of the session in which they last served, but it applies only to those serving on or after the measure’s effective date.

North Carolina – North Carolina Election-Fraud Investigation Centers on Operative with Criminal History Who Worked for GOP Congressional Candidate
Chicago Tribune – Amy Gardner and Kirk Ross (Washington Post) | Published: 12/3/2018

Political operative Leslie McCrae Dowless is at the center of a fraud investigation that has delayed the certification of Republican Mark Harris’s narrow victory in the Ninth Congressional District race in North Carolina and could prompt officials to call for a new election. The possibility that November’s vote will be tossed out has prompted an outbreak of partisan accusations. The case is politically fraught for the GOP, who have pushed for voter-identification laws and other restrictions while warning without evidence about the threat of rampant voter fraud. Now, amid Democratic calls for investigations of a different kind of election fraud, one that allegedly benefited the GOP, Republicans have stayed largely silent about the allegations, instead accusing the state elections board of trying to steal the race.

Pennsylvania – Bob Brady Aide Smukler Found Guilty on 9 of 11 Counts in Campaign Finance Case
Philadelphia Inquirer – Jeremy Roebuck and Andrew Seidman | Published: 12/3/2018

A federal jury found U.S. Rep. Bob Brady’s top political strategist, Ken Smuckler, guilty of nine of 11 counts of repeatedly flouting campaign finance laws. Smukler was convicted of coordinating multiple unlawful contributions and falsifying finance reports for candidates in back-to-back congressional races. One of those campaigns, Brady’s 2012 primary bid for re-election, ended with the abrupt withdrawal of his opponent after he was promised a $90,000 payoff, which jurors concluded Smukler helped to pay. The Justice Department now has won convictions and guilty pleas against four key players in the 2012 campaign – except, notably, Brady himself.

Texas – Some Republicans Want to Oust a Muslim Doctor from His GOP Leadership Role – Because He’s Muslim
San Jose Mercury News – Meagan Flynn (Washington Post) | Published: 12/5/2018

The first time Shahid Shafi ran for a seat on the city council in Southlake in 2011, advisers assured him a Muslim in post-September 11 America who spoke with an accent and emigrated from Pakistan would never win an election in Texas. He won the Southlake City Council seat on his second try, in 2014, has since served as a delegate to multiple Texas GOP conventions and, in July, was appointed vice chairperson of the Tarrant County Republican Party. But that is when his religion somehow became a problem again, in the eyes of some Republican colleagues.

West Virginia – He Is West Virginia’s Speaker of the House – and a Lawyer for Natural Gas Companies
ProPublica – Ken Ward Jr. and Kate Mishkin (Charleston Gazette-Mail) | Published: 12/4/2018

West Virginia Del. Roger Hanshaw is expected to be re-elected as House speaker when the legislative session convenes in January. In the position, Hanshaw wields significant control over which bills are called up for votes and which are sent to committees to effectively die. When he is not at the Capitol, Hanshaw makes his living as an attorney, and his clients have included natural gas companies and gas industry lobby groups. Under the state’s ethics laws, those overlapping interests are not enough to keep him from voting on matters affecting the industry. Hanshaw illustrates both the industry’s growing ties to lawmakers and how West Virginia ethics laws allow lawmakers to advocate for their own interests or those of their clients, and sometimes leave state residents in the dark about such potential conflicts.

Campaign Finance

Arizona: “Watchdog Group: Ducey re-election PAC received illegal $500,000 contribution” by Maria Polletta for Arizona Republic

Massachusetts: “Massachusetts Campaign Finance Law on Union Donations Appealed to U.S. Supreme Court” by Shira Schoenberg for MassLive.com

Washington D.C.: “D.C. Council Approves Sweeping Changes to Campaign Finance, Bans ‘Pay to Play’” by Peter Jamison for Washington Post

Ethics

National: “Flynn Was Key Cooperator and Deserves Little Prison Time, Mueller Team Says” by Adam Goldman and Eileen Sullivan (New York Times) for WRAL

New Mexico: “Legislator Says Harassment Claim Dismissal Vindicates Him” by Dan Boyd for Albuquerque Journal

New York: “NYC Board of Elections Boss Didn’t Properly Report Lavish Trips Funded by Voting Machine Company” by Denis Slattery for New York Daily News

Texas: “Some Republicans Want to Oust a Muslim Doctor from His GOP Leadership Role – Because He’s Muslim” by Meagan Flynn (Washington Post) for San Jose Mercury News

West Virginia: “He Is West Virginia’s Speaker of the House – and a Lawyer for Natural Gas Companies” by Ken Ward Jr. and Kate Mishkin (Charleston Gazette-Mail) for ProPublica

Legislative Issues

Wisconsin: “Wisconsin Republicans Pass Lame-Duck Bill to Curb Powers of Incoming Governor, Attorney General” by Jessie Opoien for Madsion.com

Lobbying

National: “Prosecutors Ramp Up Foreign Lobbying Probe In New York” by Eric Tucker, Desmond Butler, and Chad Day (Associated Press) for TPM

Missouri: “Missouri Lawmakers Resign Ahead of New Lobbyist Limits” by David Lieb (Associated Press) for St. Louis Post-Dispatch

Ethics

National: “Six White House Officials Reprimanded for Violating the Hatch Act” by Michelle Ye Hee Lee for Pittsburgh Tribune-Review

National: “Democrats Go Into 2019 With Ethics Blazing” by Kate Ackley for Roll Call

National: “EPA IG: Pruitt’s resignation left ethics probes inconclusive” by Michael Biesecker (Associated Press) for Fresno Bee

Florida: “Appeals Court Dismisses Lawsuit Against Gov. Scott in Underreported Income Case” by John Kennedy (GateHouse Capital Bureau) for Florida Times Union

Illinois: “Federal Agents Raid Powerful Chicago Ald. Ed Burke’s City Hall and Ward Offices” by Bill Ruthhart, John Byrne, and Jason Meisner for Chicago Tribune

Pennsylvania: “Pa. State Lawmaker Sentenced in Bribery Case” by Charles Thompson for PennLive

Tennessee: “Bill Lee Prepares to ‘Step Away from Lee Company,’ Though Specifics of Transition Unclear” by Natalie Allison for The Tennessean

Legislative Issues

Minnesota: “You Know You Want to Read This Sexy Story about Legislative Process Reform” by Peter Callaghan for Minnesota Post

Federal:

Banner Year for Female Candidates Doesn’t Extend to Republican Women
MSN – Susan Chira (New York Times) | Published: 11/15/2018

The number of Republican women in Congress next year will drop, even as the ranks of Democratic women swell to record heights. With a few races still undecided, the new Congress will have at least 105 Democratic women and 19 Republican women. From Congress to governor to state Legislatures, far more Democratic women ran in this cycle than Republican women. And that means fewer Republican women on the bench, gathering experience and credentials to move up to the next level. With fewer women as candidates and officeholders, Republicans risk further widening a gender gap already at historic levels, since far more women vote Democratic than Republican, said Mirya Holman of Tulane University.

Delay, Deny and Deflect: How Facebook’s leaders fought through crisis
MSN – Sheera Frenkel, Nicholas Confessore, Cecilia Kang, Matthew Rosenberg, and Jack Nicas (New York Times) | Published: 11/14/2018

Facebook has reshaped political campaigns, the advertising business, and daily life around the world. But as evidence mounted that Facebook’s power could also be exploited to disrupt elections, broadcast viral propaganda, and inspire campaigns of hate, founder Mark Zuckerberg and Chief Operating Officer Sheryl Sandberg stumbled. Bent on growth, the pair ignored warning signs and then sought to conceal them from public view. Sandberg has overseen a lobbying campaign to combat Facebook’s critics and ward off regulation. Allies of Facebook in Washington, D.C. intervened on its behalf. But trust in the company has sunk, while its growth has slowed. Regulators and law enforcement officials are investigating Facebook’s conduct with Cambridge Analytica, a political data firm that worked with Donald Trump’s 2016 campaign.

House Democrats’ Win Fuels K Street Hiring
Politico – Theodoric Meyer and Marianne Levine | Published: 11/7/2018

The Democratic takeover of the U.S. House, even as Republicans expanded their majority in the Senate, ends two years of unified GOP control of Washington in which corporate America and its lobbyists saw major victories, including a tax bill that slashed the corporate rate and extensive deregulation. Washington offices of major corporations now are grappling with how to work a Democratic House full of newly elected members, many of whom ran on promises to resist special interests and who are generally younger and more diverse than the denizens of K Street. Some lobbying firms, the biggest of which are typically bipartisan and pride themselves on their ability to thrive no matter which party is in power, and companies have already hired new Democratic lobbyists in anticipation the party might take back the House.

Trump Involved in ‘Nearly Every Step’ of Hush-Money Payments to Stormy Daniels and Karen McDougal: WSJ
CNBC – Kevin Brueniger and Dan Mangan | Published: 11/9/2018

President Trump was heavily involved during his presidential campaign in silencing the stories of women who claimed to have extramarital affairs with him, according to a report from The Wall Street Journal that contradicts repeated denials from Trump. Federal prosecutors have gathered evidence that Trump worked with his friend and media executive David Pecker to use the National Enquirer tabloid to buy the silence of adult-film star Stormy Daniels and former Playboy model Karen McDougal. Trump was allegedly involved in nearly every step of the process to prevent Daniels and McDougal from publicizing their stories and worked with his longtime lawyer and fixer Michael Cohen to coordinate the deals.

Trump Seeks to Land Blow Against Media in Court Fight with CNN
Politico – Jason Schwartz and Michael Calderone | Published: 11/14/2018

Trump administration lawyers asserted in court that the president could bar “all reporters” from the White House complex for any reason he sees fit. The sweeping claim, which came in the first public hearing over CNN’s lawsuit to restore correspondent Jim Acosta’s White House credentials, could have a dramatic impact on news organizations’ access to government officials if it is upheld in court. CNN argued in its lawsuit that the White House infringed on Acosta’s First Amendment rights by revoking his access in response to a dispute at a recent press conference. The arguments represented an escalation in Trump’s fight against the media, with more than a dozen news organizations weighing in on CNN’s side.

From the States and Municipalities:

Alabama: How a Top Official Landed in Criminal Trouble
E&E News – Sean Reilly | Published: 11/14/2018

An Environmental Protection Agency (EPA) official in the Trump administration was indicted on charges stemming from a previous job. Trey Glenn, director for the agency’s southeast region, helped a law firm fight potential EPA actions to clean up contaminated sites in Alabama on behalf of Drummond Co., which could be responsible for the cleanups. A grand jury indicted Glenn and former Alabama Environmental Management Commissioner Scott Phillips for their roles in the controversial efforts. A federal jury earlier this year convicted Balch partner Joel Gilbert and Drummond vice president David Roberson for bribing an Alabama lawmaker as part of the effort to stop the cleanup effort. Glenn and Phillips were both called as witnesses in that trial, and evidence showed they were closely with Balch on the effort to stop the cleanups.

California: SoccerCity Document Leak by San Diego Councilman Prompts Tougher Restrictions
San Diego Union Tribune – David Garrick | Published: 11/13/2018

Prompted by Councilperson Chris Cate’s sharing of confidential documents with SoccerCity investors last year, the San Diego City Council approved tighter restrictions on the handling of such documents. The tougher guidelines aim to prevent future disclosures and make it easier to prosecute leakers. In case a leak still occurs despite the new rules, the council also voted to make it illegal for lobbyists who may receive confidential documents from “using, accepting, or disclosing” them in any way. To avoid potential loopholes, the council added language saying a lobbyist also cannot disseminate a confidential document and cannot use intermediaries to disseminate it, such as a relative.

Florida: Inside the Republican Strategy to Discredit the Florida Recount
MSN – Jeremy Peters and Maggie Haberman (New York Times) | Published: 11/13/2018

Republicans’ strategy in Florida this year to discredit the recount in the close U.S. Senate race reflects their experience in the 2000 presidential election in the state. GOP strategists say they prevailed then largely because they approached the recount as they did the race itself, with legal, political, and public relations components that allowed them to outmaneuver Democrats. The effort Gov. Rick Scott and allies are waging today is similar to that multifront war in 2000 led by the George W. Bush campaign and an army of party consultants. Lawyers are filing complaints in Tallahassee; surrogates for Scott are holding news conference calls with journalists and sitting for interviews on television, blaming Democrats for tarnishing the integrity of the electoral process; and party officials are encouraging demonstrators to gather at sites where the recounts are taking place.

Missouri: Despite Election Night Victory, Fight Over Ethics Overhaul in Missouri May Not Be Over
St. Louis Post-Dispatch – Kurt Erickson | Published: 11/11/2018

Missouri voters approved a constitutional amendment to change ethics laws and overhaul the way the state’s political maps are drawn. But with the changes scheduled to start going into effect December 6, the initiative could face another round of scrutiny in a courtroom and at the Capitol. The same groups of opponents who tried to keep the “Clean Missouri” initiative off the ballot say they are mulling further legal action aimed at stopping the reforms. “We fully intend to oppose Clean Missouri any way we can,” said Dan Mehan, executive director of the Missouri Chamber of Commerce and Industry. Senate President Pro Tem-elect Dave Schatz said the Legislature may want to tinker with certain parts of the initiative.

New Jersey: Bankers’ Group Seeks End to Ban on Gifts to Local Candidates
Yahoo! Finance – Charles Toutant (Law.com) | Published: 11/11/2018

A century-old law barring banks from making contributions to candidates in local and state elections is being challenged by the New Jersey Bankers Association. The bankers filed suit seeking a declaration that the ban is unconstitutional, and asking for an order enjoining enforcement. The lawsuit claims banks’ First Amendment rights are violated by the inability to make campaign contributions. Banks are banned from making contributions of any kind or amount to, or in support of, political parties or candidates for any state or local office under the New Jersey statute. But nonbank corporations are not subject to any such prohibition, with a few exceptions, according to the plaintiff.

North Dakota: Victorious North Dakota Measure 1 Supporters Expect More Work, Lawsuits
Bismarck Tribune – Tru-Uyen Tran (Forum News Service) | Published: 11/8/2018

Voters may have approved North Dakota’s Measure 1 aimed at combating corruption but the group behind it has no plans to break up anytime soon. Being a constitutional amendment, the measure relies on lawmakers to implement it, which creates opportunities for supporters and opponents to influence that process. Ellen Chaffee, one of the founders of North Dakotans for Public Integrity, said her group will also stay together because it is anticipating legal challenges by opponents. Passage means that, among other things, the “ultimate and true source” of money spent on media to influence politics must be disclosed, lobbyists can no longer give gifts to public officials, and a state ethics commission must be formed to investigate violations.

Oregon: Oregon Lawmaker Under Scrutiny for Posting Home Addresses of Ballot Measure Petitioners
Governing – Maxine Bernstein (Portland Oregonian) | Published: 11/15/2018

A gun control advocacy group called on the Oregon House to investigate state Rep. Bill Post for putting online the phone numbers and home addresses of the chief petitioners of a ballot measure to ban assault weapons. In a Facebook post, Post encouraged gun rights supporters to personally contact three Portland clergy leading the initiative campaign to ban assault weapons and high capacity magazines in Oregon. He posted the message on the Facebook page of a group called “The Heirs of Patrick Henry, Northwest.” The post led to harassing emails and phone calls to the petitioners, and it has had a chilling effect on others challenging the gun rights lobby, said Ceasefire Oregon Executive Director Penny Okamoto.

Virginia: U.S. Supreme Court to Take Up Virginia Redistricting Case on Racial Gerrymandering
Washington Post – Gregory Schneider and Robert Barnes | Published: 11/13/2018

The U.S. Supreme Court will take up the issue of redistricting in Virginia, agreeing to hear an appeal filed by Republican legislators after a lower court’s ruling that 11 House of Delegates districts must be redrawn to correct racial gerrymandering. The action does not appear to halt the redistricting process, though, which is underway at the hands of a special master. It will be the second time the high court has heard the case. It sided with challengers in demanding further review of the districts, drawn by Virginia Republicans to ensure that 55 percent of eligible voters were black. What remains to be seen is whether the Supreme Court will again take up the issue of partisan gerrymandering, which it has never found to be unconstitutional.

This week, Utah voters passed Proposition 2 legalizing medical marijuana.

The highly controversial ballot initiative caused Gov. Gary Herbert to announce his intention to call a special session on medical marijuana regardless of the outcome of this week.

The proposition will go into effect on December 1, 2018, and Gov. Herbert’s office announced its intent this week to convene a special session shortly thereafter.

Under state law, an initiative passed by statewide vote can be amended by the legislature after it becomes law.

Gov. Herbert has already discussed changes and compromises with lawmakers and proponents of Proposition 2. This will be the state’s third special session this year.

Campaign Finance

Arizona: “Arizona Voters OK Public Campaign Finance Change” by the Associated Press for Arizona Daily Star

New York: “NYC Charter Amendments Win Approval from Voters” by Noah Manskar for New York City Patch

Oregon: “Portland Voters Pass Campaign Finance Limits” by Amelia Templeton for Oregon Public Broadcasting

Elections

National: “Democrats Oust Walker in Wisconsin and Kobach in Kansas but Fall Short in Florida and Ohio” by Adam Nagourney, Sydney Ember, and Patricia Mazzei (New York Times) for WRAL

National: “Three Candidates Indicted on Felony Fraud Charges Survive Midterms. One Just Barely.” by Meagan Flynn for Washington Post

National: “Midterm Elections: Democrats flip House as GOP expands Senate majority” by David Fahrenthold, Isaac Stanley-Becker, and Elise Viebeck for Washington Post

Ethics

National: “Sessions’s Ouster Throws Future of Special Counsel Probe into Question” by Rosalind Helderman, Matt Zapotosky, and Carol Leonnig for Washington Post

Missouri: “Amendment 1: Voters strongly support Clean Missouri redistricting plan, ethics reform” by David Reynolds, Thomas Oide, and Tessa Weinberg for Columbia Missourian

New Mexico: “New Mexico Voters OK Ethics Commission” by Associated Press for KRWG

North Dakota: “Aimed at Combating Corruption, North Dakota Voters Pass Measure 1” by Tu-Uyen Tran for Dickinson Press

Legislative Issues

Utah: “Voters Favor Proposed Constitutional Amendment Empowering Lawmakers to Call Themselves into Special Session” by Dan Harrie for Salt Lake Tribune

Redistricting

National: “Anti-Gerrymandering Reforms Sweep the Nation Tuesday” by Shawn Griffiths for IVN

Ethics

National: “Far-Right Internet Groups Listen for Trump’s Approval, and Often Hear It” by Kevin Roose and Ali Winston for MSN

National: “Supreme Court Allows Trial on Census Citizenship Question to Go Forward” by Robert Barnes (Washington Post) for Chicago Tribune

National: “Next-in-Line Mueller Supervisor Got White House Ethics Waiver in April” by Darren Samuelsohn for Politico

National: “Judge Denies Trump Request to Stay Emoluments Suit, Could Allow Plaintiffs to Seek Details on Hotel’s Foreign Customers” by Jonathan O’Connell, Anne Marimow, and David Fahrenthold (Washington Post) for Chicago Tribune

Missouri: “As Sanders Heads to Prison, a Political Rival Files Suit Accusing Him of Dirty Tricks” by Mike Hendricks for Kansas City Star

Legislative Issues

National: “Laws and Disorder” by Paul Kane (Washington Post) and Derek Willis for ProPublica

Lobbying

National: “Lobbyists Hit Campaign Trail to Help Old Bosses, Earn ‘a Little Bit of Currency’” by Theodoric Meyer for Politico

National: “Almost Two Years into Trump Presidency, Pentagon’s Revolving Door Still Spins” by Aaron Gregg for Washington Post