National:

Cities Take Aim at the Spiraling Costs of Local Elections
CityLab – Sarah Holder | Published: 9/4/2018

Several of the nation’s largest cities – including Portland, Denver, and Baltimore – are attempting to overhaul their campaign finance systems by reducing contribution limits or establishing public financing projects that make each donated dollar go further, or both. Candidates, especially those running for the first time against incumbents, are hopeful the measures will level the playing field. Jo Ann Hardesty, who is running for the Portland City Council this November, said the reforms would help her and others focus on running, not campaigning: “It will force me not to spend so much time on the phone trying to raise money, and it means that regular people can run and serve.”

Twitter Will Begin Labeling Political Ads About Issues Such as Immigration
Chicago Tribune – Tony Romm (Washington Post) | Published: 8/30/2018

Twitter announced it would begin labeling political advertisements as part of a new effort to increase transparency on its platform. The company said it will move to identify electioneering ads, which the FEC defines as ads promoting a specific candidate or a party within 30 days of a primary election and 60 days of a general election. Such labeling would include some kind of signifier, like a purple dot noting the tweet is prompted by a political account, according to a potential mockup the company included in a post announcing the changes.

Federal:

Company Using Foreign Workers Botches U.S. Senate Campaign Finance Records
Center for Public Integrity – Rosa Cima | Published: 9/5/2018

Unlike those running for the presidency and House, U.S. Senate candidates do not file campaign finance reports electronically. They file on paper, which must then be converted to electronic documents in a process that involves two government agencies, three private companies, and countless low-paid workers, many of them overseas, and some who may be hostile toward American interests. This document conversion process often spits out bogus, yet official public records that mislead the public and obscure who is funding Senate campaigns. An investigation found errors in more than 5,900 candidate disclosures representing over $70 million, all of them traceable to the U.S. government’s conversion of paper into electronic data.

Former Manafort Associate Reveals Illegal Foreign Payment to Trump’s Inauguration
Politico – Kyle Cheney and John Meyer | Published: 9/1/2018

W. Samuel Patten pleaded guilty to failing to register as a foreign agent for a Ukrainian political party. He also admitted to lying to the U.S. Senate intelligence committee during its investigation into Russian election interference and of participating in a scheme to circumvent the ban on foreign donations to President Trump’s inaugural committee by lining up a straw purchaser to pay $50,000 for tickets to the inauguration. This is the first time the Justice Department has publicly charged a person for helping a foreigner secretly funnel money into a Trump political event. The case was referred by special counsel Robert Mueller to the U.S. attorney in Washington, D.C. Patten’s plea agreement requires him to cooperate with the special counsel’s probe.

From the States and Municipalities:

Arkansas: Former Sen. Woods Sentenced to More Than 18 Years in Prison
talkbusiness.net – Jeff Della Rosa | Published: 9/5/2018

Former Arkansas Sen. Jon Woods was sentenced to more than 18 years in federal prison forhis involvement in a widespread kickback and bribery scheme. He also was ordered to pay $1.6 million in restitution. Woods was convicted in schemes involving Ecclesia College and AmeriWorks, a nonprofit company. He received kickbacks on $350,000 in state General Improvement Fund grants he directed to Ecclesia and $275,000 in grants he sent to AmeriWorks. Prosecutors did not specify how much money Woods received in kickbacks because all but a $40,000 wire transfer was paid in cash.

California: As the Legislative Year Ends, the #MeToo Movement Shows Its Influence
Los Angeles Times – Melanie Mason | Published: 9/3/2018

The #MeToo campaign launched a discussion about a culture of fear and retaliation at the Capitol in Sacramento, which women said had discouraged them from reporting pervasive harassment and allowed it to go unpunished. When the Legislature reconvened in January, two members had already resigned amid accusations of sexual misconduct and complaints had been lodged against three others. Lawmakers passed more than a dozen bills addressing workplace sexual harassment by the close of the two-year session. Experts said these measures could make California a national leader on the issue. The Legislature also spent months developing a new process for handling its own investigations of inappropriate behavior.

Illinois: State Farm Pays $250 Million, Ducks Trial Over Allegations It Tried to Rig Illinois Justice System
Chicago Tribune – Tim Bross, Margaret Cronin Fisk, and Jef Feeley (Bloomberg) | Published: 9/5/2018

State Farm reached a $250 million preliminary settlement in a class-action lawsuit claiming the insurance company funneled money to the campaign of Illinois Supreme Court Justice Lloyd Karmeier in 2004. In the 2005 case of Avery v. State Farm, Karmeier cast the deciding vote to reverse a $1 billion judgment against State Farm for its use of aftermarket car parts in repairs. The class-action lawsuit sought nearly $10 billion from State Farm. The plaintiffs alleged the company covertly supported Karmeier’s campaign to secure his win and reversal of the Avery decision. The suit claimed millions of dollars were funneled through donations to the U.S. Chamber of Commerce, which then sent the money to a PAC and the Illinois Republican Party for use in Karmeier’s campaign.

Kentucky: Father of Alison Lundergan Grimes Indicted in Campaign Finance Conspiracy
McClatchy DC – Daniel Desrochers and Bill Estep (Lexington Herald-Leader) | Published: 8/31/2018

The father of Kentucky Secretary of State Alison Lundergan Grimes was indicted for illegally funneling nearly $200,000 to his daughter’s 2014 U.S. Senate campaign to pay for various services. Gerald Lundergan used funds from his own company to pay for “audio-video production, lighting, recorded telephone calls, and campaign consulting between July 2013 and December 2015,” the Justice Department said in a press release. Lundergan and the campaign vendor to whom he made the payments, who was also indicted, concealed their arrangement from officials on the campaign, causing it to file financial records to the FEC, according to the indictment.

Massachusetts: SJC Upholds Massachusetts’ Ban on Corporate Campaign Contributions
MassLive.com – Shira Schoenberg | Published: 9/6/2018

The Supreme Judicial Court upheld Massachusetts’ ban on corporate campaign donations, finding the prohibition does not violate First Amendment rights and can help prevent actual and perceived corruption. The law bans corporations from giving directly to candidates or establishing PACs but allows them to make unlimited independent expenditures, with certain disclosure requirements. The plaintiffs argued the law violates their right to free speech and unfairly applies to corporations but not to other entities like unions and nonprofits. Chief Justice Ralph Gants wrote it would be “unrealistic for a court to require the Legislature to wait for evidence of widespread quid pro quo corruption resulting from corporate contributions before taking steps to prevent such corruption.”

New York: Mayoral Charter Revision Commission Puts Three Questions on November Ballot
Gotham Gazette – Samar Khurshid | Published: 9/5/2018

The charter revision commission created by New York City Mayor Bill de Blasio voted to put three questions on the ballot in November. If approved by voters, the proposals would significantly reduce campaign contribution limits in city elections, create a new agency to civically engage the public, and apply term limits and appointment reforms to community boards. One proposal would reduce contribution limits for public financing participants as well for those who do not join the program. It would also increase the matching ratio to eight-to-one for the first $250 raised by a citywide candidate and for the first $175 raised for all other seats.

North Carolina: Court Won’t Force North Carolina Redistricting This Year
Politico – Josh Gerstein | Published: 9/4/2018

A panel of three federal judges ruled North Carolina’s current congressional map can be used in the 2018 midterms, despite previously ruling the map is a partisan gerrymander. The judges said there was “insufficient time” for the court to approve a new map in time for the elections that are two months away. Both the plaintiffs and the defendants in the case had asked that a new map not be imposed on the state for the current election cycle.

North Carolina: Justice Dept. Demands Millions of North Carolina Voter Records, Confounding Elections Officials
New York Times – Richard Fausset and Michael Wines | Published: 9/5/2018

Federal prosecutors issued subpoenas demanding that millions of North Carolina voter records be turned over to immigration authorities by September 25. The subpoenas threatened to sow chaos in the state’s election machinery, while renewing the Trump administration’s discredited claims of widespread voting by illegal immigrants. The subpoenas were issued a week after federal officials announced that 19 noncitizens in North Carolina had been charged with casting illegal votes in the 2016 election. Critics say those arrests hardly constitute a wave of voter fraud worthy of such a broad demand for documents. And they raised concerns about privacy: among the prosecutors’ demands are millions of secret ballots cast by absentee and early voters whose identities could be easily traced.

Pennsylvania: Ex-Reading Mayor Vaughn Spencer Guilty on All Counts
Allentown Morning Call – Peter Hall | Published: 8/30/2018

A jury convicted former Reading Mayor Vaughn Spencer on 11 counts related to a “pay-to-play” scheme in which federal prosecutors said he traded public works contracts for campaign contributions and bribed the city council president to repeal a law limiting how much campaign money he could accept. The jury heard witnesses testify that Spencer and his campaign staff tied the award of public works contracts to donations from engineering firm executives to Spencer’s re-election campaign. His former chief of staff and campaign fundraiser also testified about Spencer’s role in making a “forgivable loan” to the wife of council President Francisco Acosta to ensure he followed through on legislation to repeal or suspend the city’s campaign reporting law.

Texas: Beto O’Rourke Dreams of One Texas. Ted Cruz Sees Another Clearly.
WRAL – Matt Flegenheimer (New York Times) | Published: 8/31/2018

A blue Texas has seemed both inevitable and impossible, the central political contradiction in a state defined by them. Any breakthrough, Democrats have long believed, would be borne of demographics and triangulation: focus on the cities, with their surging Hispanic populations and creeping cosmopolitanism. Edge to the middle a bit to bring in wary moderates. And impress upon voters just how extreme the incumbents had become. U.S. Rep. Beto O’Rourke has resolved to ignore basically all of this in his campaign to unseat U.S. Sen. Ted Cruz. O’Rourke has defined the philosophy with a line borrowed from Jim Hightower, a prominent activist who was once Texas agriculture commissioner: “The only thing you’ll find in the middle of the road are yellow lines and dead armadillos,” O’Rourke said.

Virginia: Citing Fraud, Judge Orders Candidate Off the Ballot in Virginia Congressional Race
Danbury News Times – Gregory Schneider (Washington Post) | Published: 9/5/2018

A judge ordered an independent candidate in a key congressional contest in Virginia removed from November’s ballot, citing invalid signatures gathered with assistance from staffers for the incumbent Republican. The effort to put Shaun Brown on the ballot as an independent candidate, which could have siphoned votes from the Democratic nominee, Elaine Luria, was boosted by U.S. Rep. Scott Taylor’s campaign staffers. Taylor had said he knew staff members were collecting signatures for Brown, but he did not direct the effort.

Campaign Finance

National: “Twitter Will Begin Labeling Political Ads About Issues Such as Immigration” by Tony Romm (Washington Post) for Chicago Tribune

Elections

National: “Ex-CIA Officer’s Full Personnel File Released in ‘Human Error,’ Postal Service Admits” by Laura Vozzella (Washington Post) for Chicago Tribune

Texas: “Beto O’Rourke Dreams of One Texas. Ted Cruz Sees Another Clearly.” by Matt Flegenheimer (New York Times) for WRAL

Ethics

Georgia: “Auditor: Ex-Atlanta mayor wasn’t authorized to give bonuses” by Associated Press for WSB

Pennsylvania: “Ex-Reading Mayor Vaughn Spencer Guilty on All Counts” by Peter Hall for Allentown Morning Call

Lobbying

National: “Washington Consultant for Ukraine Party Pleads Guilty to Violating Lobbyist Disclosure Law” by Spencer Hsu and Rosalind Helderman (Washington Post) for The News Times

California: “AT&T’s Top California Lobbyist Dodges Gift Ban and Ethics Requirements” by Donald Shaw for Sludge

Texas: “Amid Manafort Scandal, Texas Lawmakers Seek to Require Foreign Lobbying Disclosure” by Edgar Walters for Texas Tribune

National:

Democratic Embrace of Diverse Candidates Collides with Barbed Politics of Trump Era
WRAL – Jeremy Peters (New York Times) | Published: 8/29/2018

The diverse cast of Democratic candidates this year is setting up a striking contrast for voters at a time when some in the Republican Party, taking their cues from President Trump, are embracing messages with explicit appeals to racial anxieties and resentment. The result is making racial and ethnic issues and conflicts central in the November elections in a way that is far more explicit than the recent past. Racial discord has never been far from the surface of American politics. But any effort by Republicans in recent years to tread lightly around racially sensitive issues has been tossed aside by Trump, who has created a permission structure for other politicians to mimic his behavior, political strategists said.

Women in Politics Often Must Run a Gantlet of Vile Intimidation
WRAL – Maggie Astor (New York Times) | Published: 8/23/2018

A record number of women ran or are running in 2018 for the Senate, House, and governorships. Many more are running for state Legislatures and local offices. In the process, they are finding that harassment and threats, already common for women, can be amplified in political races – especially if the candidate is a member of a minority group. No independent organization appears to formally track incidents of harassment, and the Democratic and Republican National Committees did not respond to inquiries asking whether they did. But several groups that work with candidates said they routinely provided personal safety training.

Federal:

Candidates Say ‘I Approve This Message’ Because of John McCain
Roll Call – Kate Ackley | Published: 8/25/2018

The Bipartisan Campaign Reform Act survived a well-funded legal challenge in 2003 only to suffer subsequent and major rollbacks in court and at the FEC. While the long effort to enact the law made U.S. Sen. John McCain a pariah in some GOP circles, it remains a significant legacy of the self-declared maverick lawmaker and 2008 Republican presidential nominee. In addition to banning large corporate donations to the party committees, the law also required candidates to say they approved their campaign ads.

Microsoft Hopes to Protect Candidates Without Violating Campaign Contribution Law
Seattle Times – Tim O’Brien (Associated Press) | Published: 8/23/2018

Microsoft requested an FEC advisory opinion to make sure the company’s new free package of online security protections for “election-sensitive” customers does not count as an in-kind campaign contribution. Corporations are typically barred from donating to federal candidates and political committees under federal law. Microsoft said it is offering its AccountGuard service on a nonpartisan basis to federal, state, and local candidates, party committees, and certain nonprofit groups. The company told the commission it might also work with other tech firms on coordinated election security efforts, though no agreements have been made.

When Is an Offense Impeachable? Look to the Framers for the Answer
MSN – Adam Liptak (New York Times) | Published: 8/22/2018

The campaign finance violation President Trump’s former lawyer accused him of – arranging to pay hush money to influence an election – may be the sort of offense the drafters of the Constitution meant to cover in granting Congress the power to impeach and remove a president. Misconduct before assuming office is not typically a fit subject for impeachment, legal scholars said. But there is one important exception. “The main and possibly only form of pre-Inauguration Day conduct that would properly qualify as an impeachable offense is conduct relating directly to the acquisition of the presidential office,” said Joshua Matz, an author of “To End a Presidency: The Power of Impeachment.”

From the States and Municipalities:

Alabama: Ethics Law Changes Mulled by Revision Commission
Montgomery Advertiser – Brian Lyman | Published: 8/28/2018

The ruling that upheld former House Speaker Mike Hubbard’s conviction on 11 of 12 corruption charges underscored the need to tighten the language in Alabama’s ethics law, state Attorney General Steve Marshall said. The Alabama Code of Ethics Clarification and Reform Commission met to discuss the outlines of changes to the law, including the definition of a principal, which is defined as a company or person that hires a lobbyist; what lobbyists and elected officials can and cannot give; and the punishments for violating the law. Seven of the counts against Hubbard were for receiving money or favors from principals. The appeals court did not find fault with his convictions but said there could be “a serious constitutional issue” in other cases without more clarity in the law.

California: Booze Fuels Business – and Bad Behavior – at California Capitol
Sacramento Bee – Alexei Koseff and Taryn Luna | Published: 8/29/2018

Mixing work with alcohol has been a fundamental part of the culture in Sacramento for decades. But the blurred lines between business hours and playtime have given way to bouts of excess, from drunk driving to sexual misconduct to addiction. Fundraisers are a daily occurrence at the downtown bars and restaurants around the Capitol; there were 19 evening functions over the course of three days recently, according to the Capitol Morning Report, including a “margarita mixer” and a “tequila tasting.” Lawmakers note they are largely stuck away from home for three or four nights a week with not much else to do. Many lobbyists believe these receptions are where the real work gets done.

Colorado: Campaign Financing in Denver Could Look Different Come 2020 – It’s Up to Voters Now
Denverite – Estaben Hernandez | Published: 8/27/2018

The Denver City Council approved a campaign finance reform measure for the November ballot. The proposal would establish a public financing system, with eligible candidates receiving a nine-to-one match of donations up to $50. It would lower donation limits for individuals to candidates seeking city offices, and prohibit direct campaign contributions from corporations, limited liability companies, and labor groups.

Georgia: Georgia County Rejects Plan to Close 7 Polling Places in Majority-Black Area
New York Times – Richard Fausset | Published: 8/23/2018

Election officials in a majority black Georgia county voted to scrap a widely condemned proposal to eliminate most of their polling places in the runup to the November election. An independent consultant recommended the consolidation said the seven polling places in question do not comply with the Americans with Disabilities Act (ADA). The polling places in question had all been used for the primary election in May and the primary runoff election in July, and critics said officials should have been aware of the compliance issues. Civil Rights and Voting groups applauded the decision but said the episode demonstrates the need to restore Voting Rights Act protections that were tossed out by the U.S. Supreme Court in 2013.

Maine: Ethics Commission Says Slashing Casino Campaign Fine Was in State’s Best Interests
Lewiston Sun Journal – Scott Thistle (Portland Press Herald) | Published: 8/30/2018

Maine’s ethics commission voted to settle penalties for campaign finance violations with two backers of a failed 2017 casino referendum, making them pay $100,000 of the $500,000 in fines the state assessed last year. The referendum would have given rights to the casino to a company run by developer Shawn Scott, but the commission levied penalties for late financial filings against four committees run by his sister, Lisa Scott of Saint Kitts and Nevis. The commission said her offshore residence would make it hard to recoup the full $500,000. Under the agreement, Lisa Scott’s committees will have to pay $50,000, and Cheryl Timberlake, a lobbyist who served as treasurer for one of the committees, will have to pay the rest.

Missouri: Buying Influence: Do dark money, lobbyist gifts affect Missouri legislators’ policy?
Kansas City Star – Alison Kite and Jason Hancock | Published: 8/27/2018

Whether lobbyists should be able to provide Missouri lawmakers with expensive gifts and meals is being debated in Jefferson City. Asked what they wanted to know about political corruption and transparency in Missouri, Kansas City Star readers wanted to know whether gifts and campaign contributions, including those made by “dark-money” organizations, could influence legislators to the detriment of the state. The newspaper’s panel of dozens of leaders from across Missouri expressed concern about the potential for lobbyist gifts to influence legislators, but some argued they were not significant enough to affect policy solutions.

North Carolina: CEOs Gave Heavily During Legislative Session, Exposing Loophole in NC’s Fundraising Ban
WRAL – Travis Fain and Tyler Dukes | Published: 8/29/2018

North Carolina law lets top corporate executives donate to campaigns during General Assembly sessions even as it bans contributions from the companies themselves year-round and forbids anyone who contracts directly with a lobbyist from giving during a session. During this year’s six-week regular session, more than $1.1 million flowed into state legislators’ campaign accounts. The total increases if the week before the session is counted, which is traditionally a time for fundraisers, as PACs with lobbyists deliver checks just under the wire. Marshall Hurley, a former general counsel for the state Republican Party, said even the concept of an in-session ban is problematic. “All it’s really done is change the date of the check – does that really alter behavior?” Hurley said.

North Carolina: Judges’ Ruling on Election Map Plunges North Carolina Politics into Disarray
WRAL – David Zucchino and Richard Fausset (New York Times) | Published: 8/28/2018

A three-judge panel struck down North Carolina’s congressional redistricting map as an unconstitutional partisan gerrymander. Among the court’s proposed remedies are redrawing the districts before November and holding a general election without a primary election, or redrawing the districts, holding a primary election in November and holding a general election sometime before Congress is seated in January 2019. The court also said it might allow the General Assembly another chance at redrawing the districts. The state’s political experts and power brokers had already been expecting a political brawl this year. With the rule book now in tatters, they essentially threw up their hands. “We’re wandering in the political pines, searching for directions,” said Michael Bitzer, a political science professor at Catawba College.

Ohio: FBI Investigation: Ex-Ohio Speaker Cliff Rosenberger suspected of bribery, extortion
Cincinnati Enquirer – Jessie Balmert and James Pitcher | Published: 8/27/2018

Documents show former Ohio House Speaker Cliff Rosenberger is under federal investigation for possible extortion and bribery. While it was known since he resigned in April that the FBI was investigating Rosenberger’s overseas trips with lobbyists for the payday-lending industry, the release of search warrants and other documents painted a clearer picture of what investigators are targeting. Officials were looking for “communications or information concerning: payday lending legislation; evidence of payments, kickbacks, bribes, or other benefits (such as payment of travel-related expenses),” according to the records provided by the Ohio House. A federal grand jury has been meeting in Cincinnati to review the matter.

Texas: Ethics Commission Finds Lobbyist Innocent
El Paso Inc. – David Crowder | Published: 8/27/2018

When he received a letter from a lobbyist containing an apology and offer of five baseball tickets, El Paso Rep. Henry Rivera said the first thing that came to his mind was: “He is trying to bribe me.” Rivera filed a police report and ethics complaint accusing Jeremy Jordan of violating the city’s ethics code, lobbyist regulations, and possibly state law against attempted bribery over the letter. The El Paso Ethics Review Commission chastised Jordan but found him innocent of the ethics code violation that Rivera lodged against him in May.

The Alabama Code of Ethics Clarification and Reform Commission (Commission), a joint committee of the Alabama Legislature, met on August 28, 2018, to examine potential revisions to the ethics laws.

The meeting was timely as the Alabama Court of Criminal Appeals upheld former House Speaker Mike Hubbard’s conviction on 12 felony ethics charges the day before and requested the Legislature clarify provisions of the ethics law. The Commission is considering recommending altering the definition of principal to include a person with the authority to fire or direct the lobbyist.

Other changes discussed included a tiered penalty system for violations of the law and provisions allowing public officials to maintain certain business relationships during their time as a public official.

The Commission is scheduled to meet again on September 20, 2018.

Campaign Finance

Maine: “Maine Ethics Commission Accepts Greatly Reduced Settlement – $100,000 – from Casino Campaign” by Scott Thistle for Portland Press Herald

Pennsylvania: “Ex-Pennsylvania Treasurer Rob McCord Sentenced to 2½ Years in Prison” by Angela Couloumbis for Pittsburgh Post-Gazette

Elections

Kentucky: “Another Kentucky Elections Staffer Accuses Grimes of Misusing Voter Data” by Daniel Desrochers for Lexington Herald-Leader

Ethics

National: “How Trump Relies on His Cable News Cabinet as Much as The Real One” by Anne Gearan and Sarah Ellison (Washington Post) for MSN

National: “Trump Says White House Counsel Donald McGahn Will Leave His Job in The Fall” by Robert Costa and Robert Barnes for Washington Post

New Mexico: “SIC Approves 2 More ‘Pay-to-Play’ Settlements” by Dan Boyd for Albuquerque Journal

Lobbying

National: “Paul Manafort’s Trial in D.C. to Take 3 Weeks, Probe Ukraine Lobbying World” by Spencer Hsu (Washington Post) for MSN

Alabama: “Ethics Law Changes Mulled by Revision Commission” by Brian Lyman for Montgomery Advertiser

Campaign Finance

National: “Candidates Say ‘I Approve This Message’ Because of John McCain” by Kate Ackley for Roll Call

National: “Hard Partying and a Corruption Scandal: Duncan Hunter’s Political Life Unravels” by Tim Arango, Adam Nagourney, and Jose Del Real (New York Times) for MSN

North Carolina: “‘Take This Envelope, Put Money in Here.’ GOP Leader’s Comments to Donors Get Scrutiny” by Paul Specht for Raleigh News and Observer

Elections

National: “Democrats Strip Superdelegates of Power in Picking Presidential Nominee” by David Siders and Natasha Korecki for Politico

Ethics

California: “#MeToo Shifts Capitol Culture, But with Hitches” by Kelly Ronayne (Associated Press) for Ventura County Star

Maryland: “State Legislator from Baltimore Disciplined After Sexual Harassment Claims” by Erin Cox for Washington Post

Lobbying

Missouri: “Buying Influence: Do dark money, lobbyist gifts affect Missouri legislators’ policy?” by Alison Kite and Jason Hancock for Kansas City Star

Texas: “Ethics Commission Finds Lobbyist Innocent” by David Crowder for El Paso Inc.

Campaign Finance

National: “Microsoft Hopes to Protect Candidates Without Violating Campaign Contribution Law” by Tim O’Brien (Associated Press) for Seattle Times

Elections

National: “For Female Candidates, Harassment and Threats Come Every Day” by Maggie Astor for New York Times

California: “When California Lawmakers Removed Write-In Candidates from State and Congressional Ballots, It Wasn’t by Accident” by John Myers for Los Angeles Times

Georgia: “Georgia County Rejects Plan to Close 7 Polling Places in Majority-Black Area” by Richard Fausset for New York Times

Ethics

National: “When Is an Offense Impeachable? Look to the Framers for the Answer” by Adam Liptak (New York Times) for MSN

National: “National Enquirer’s Safe Held Damaging Trump Stories” by Associated Press for CNBC

New York: “Manhattan D.A. Eyes Criminal Charges Against Trump Organization” by William Rashbaum for MSN

Lobbying

National: “Senate Passes Bill to Require Lobbyists to Disclose Any Criminal Convictions” by Elise Viebeck for Washington Post

In April, City Councilman Zeke Cohen introduced an ordinance amending the Baltimore City Ethics Code.

Ordinance No. 18-0230 originally required lobbyists to file reports quarterly instead of annually.

At a work session for the bill, the reporting period was amended from quarterly to semi-annual reporting.

The bill was also amended to require a working online portal by June 1, 2019.

If passed, the ordinance will become effective 30 days after it is enacted.

National:

Despite Year-of-the-Woman Buzz, Female Candidates Lag Behind Men in Pulling in Campaign Cash
The News-Times – Michelle Ye Hee Lee and Anu Narayanswamy (Washington Post) | Published: 8/16/2018

Even as a record number of women run for office this year, female congressional candidates trail their male counterparts when it comes to fundraising. Of candidates who showed viability by raising at least $50,000, men running for the House had collected almost 17 percent more on average than their female counterparts by the end of June. One key factor is many female candidates lack relationships with longtime donors who work in traditionally male-dominated industries such as finance. That is a particular challenge for women this cycle, because the majority are newcomers to politics and, like any non-incumbent, must build donor networks from scratch. But their task is often more difficult, some female candidates said, because of skepticism about their potential, based on their gender.

Federal:

Elizabeth Warren Unveils Plans to Root Out Corruption in Washington, Ensure Federal Government Works for Americans
MassLive.com – Shannon Young | Published: 8/21/2018

U.S. Sen. Elizabeth Warren introduced the Anti-Corruption and Public Integrity Act, which lays out a multi-step approach to ending corruption and increasing public integrity. It calls for permanently banning elected and appointed officials from becoming lobbyists after they leave office, barring presidents and federal lawmakers from owning companies while in office, and ending “legalized lobbyist bribery” by preventing them from writing campaign checks or giving personal gifts to candidates or lawmakers. The bill would also create an independent anti-corruption agency dedicated to enforcing federal ethics laws and requiring elected officials and candidates to disclose more financial and tax information, among other provisions.

Hunter Indictment Could Jeopardize GOP Seat
Politico – John Bresnahan and Rachel Bade | Published: 8/21/2018

U.S. Rep. Duncan Hunter and his wife were indicted on allegations of using more than $250,000 of campaign funds for personal expenses, including family vacations, private school tuition for their children, dental work, and an airline ticket for a pet rabbit. The indictment portrays the Hunters as a couple with serious financial problems. They allegedly overdrew their joint checking account more than 1,100 times during a seven-year period, leading to more than $37,000 in overdraft charges. Hunter’s indictment endangers a traditionally conservative southern California seat long held by Republicans. Hunter cannot take his name off the November ballot and California does not allow write-in candidates.

Michael Cohen Says He Arranged Payments to Women at Trump’s Direction
MSN – William Rashbaum, Maggie Haberman, Ben Protess, and Jim Rutenberg (New York Times) | Published: 8/21/2018

Michael Cohen, President Trump’s former personal lawyer, pleaded guilty to campaign finance violations and other charges, saying Trump directed him to arrange the payment of hush money to adult film actress Stormy Daniels and former Playboy model Karen McDougal to fend off damage to his White House bid. Cohen’s admission marks the first time any Trump associate has gone into open court and implicated Trump himself in a crime. Under federal law, expenditures to protect a candidate’s political fortunes can be construed to be campaign contributions, subject to laws that bar donations from corporations and set limits on how much can be given. Trump denied to reporters in April that he knew anything about Cohen’s payments to Daniels.

From the States and Municipalities:

California: Developer Whose Wife Sat on Ethics Commission Faces $15,000 Fine Over Political Donations
Los Angeles Times – Emily Alpert Reyes and David Zahniser | Published: 8/20/2018

Six years ago, city council President Herb Wesson drew criticism for putting the wife of a campaign fundraiser on the Los Angeles Ethics Commission, a panel that votes on fines for people who violate political contribution rules. Wesson had selected nonprofit executive Erin Pak, who was also the wife of architect and real estate developer Chris Pak, host of fundraising events for Mayor Eric Garcetti and other local politicians. Erin Pak left the commission three years ago. Now, Chris Pak is facing $15,000 in proposed fines from the commission for giving contributions that exceeded the city limit. All but one of the violations took place during the period when Erin Pak was on the commission.

Florida: After a Florida Democrat Said She’d Take Donations from the Marijuana Industry, Wells Fargo Closed Her Bank Account
Washington Post – Christopher Ingraham | Published: 8/20/2018

Nikki Fried, who is running for agriculture commissioner in Florida, said Wells Fargo terminated her campaign’s account because of her links to the medical marijuana businesses. Fried said the action came after the bank questioned her about her campaign platform and donations she had taken, as well as her stance on medical marijuana. Wells Fargo spokesperson Jennifer Dunn said the bank’s policy is to not provide services for businesses related to marijuana businesses. Fried has accepted campaign contributions from lobbyists connected to medical marijuana. If such a policy were applied nationwide it could potentially jeopardize the banking access of dozens of state and national politicians.

Georgia: Georgia Voting Rights Activists Move to Block a Plan to Close Two-Thirds of Polling Places in a Majority Black County
Chicago Tribune – Vanessa Williams (Washington Post) | Published: 8/18/2018

Randolph County in rural Georgia wants to eliminate all but two of the county’s polling locations just months before the midterm elections because they are not in compliance with disabilities laws. Some residents and progressive groups allege the move was aimed at suppressing turnout in the county, in which more than 55 percent of the voters are black and have backed Democratic candidates in statewide elections. Activists noted many residents have low incomes and the county, which covers 431 square miles, has no public transportation system. All nine of the polling places were used for the May primaries and less than a month ago for statewide run-offs.

Kentucky: Loophole Allows Organizations to Pay for Legislators’ Out-of-State Travel Without Disclosing Amounts
Insider Louisville – Joe Sonka | Published: 8/22/2018

Due to a loophole in Kentucky’s ethics law, a large majority of travel expenditures for state lawmakers covered by private organizations are not required to be disclosed by lawmakers to the Legislative Research Commission or the Kentucky Legislative Ethics Commission. John Schaaf, executive director of the ethics panel, said this reporting loophole occurs when those groups pay in advance for legislators’ travel, as “there is no disclosure required of expenses prepaid for transportation, food and lodging.” Events organized by outside groups are sometimes funded by businesses and interests that lobby the Legislature.

Louisiana: Louisiana Senate President Sank Ride-Sharing Bill. His Close Pal Sells Insurance to Cabs.
ProPublica – Rebekah Allen | Published: 8/23/2018

Ride-sharing companies are not coming to many parts of Louisiana anytime soon because the state does not have legislation in place allowing them to operate. It is one of only five states that lacks such a law, instead requiring the companies to go through the costly and time-intensive process of getting approval in each locality. A bill to change that has garnered widespread and bipartisan support among politicians and was favored by many economic development groups. But the legislation has been blocked by Senate President John Alario. Many observers noted Alario’s close personal, professional, and political alliance with former Sen. Francis Heitmeier, who makes a living selling insurance to cab companies and lobbied against the ride-sharing bill. The cab industry was one of the few opponents of the measure.

Mississippi: Inside a Super PAC That Spends on Everything but Winning
Associated Press – Brian Slodysko | Published: 8/16/2018

Two billionaire political donors poured $1.25 million into a super PAC that was supposed to supercharge Chris McDaniel’s insurgent bid to be Mississippi’s next Republican senator. A year later, much of the money from Richard Uihlein and Robert Mercer is gone. Only a fraction was spent reaching voters who could boost the former state lawmaker’s uphill battle against Cindy Hyde-Smith in a November special election that will determine who finishes out Sen. Thad Cochran’s term. What the Remember Mississippi super PAC has provided, however, is a generous payday for at least 18 campaign consultants who received the lion’s share of the money.

Montana: Montana’s Campaign-Contribution Limits Appealed to U.S. Supreme Court
KXLH – Mike Dennison | Published: 8/17/2018

James Bopp Jr. asked the U.S. Supreme Court to overrule a 2017 lower-court ruling that upheld Montana’s limits on campaign contributions for state candidates. Bopp has been an attorney in many cases challenging limits on campaign spending and contributions, including Citizens United. His appeal in the Montana case is the latest development in a seven-year-old lawsuit challenging the state’s contribution limits, which were enacted by initiative in 1994.

New York: A Corrupt Lobbyist’s Influence in the Cuomo Administration Is Revealed in Newly Disclosed Emails
New York Times – Jesse McKinley | Published: 8/20/2018

New York Gov. Andrew Cuomo has repeatedly downplayed his relationship with his former aide Todd Howe, who became key figure in a pair of federal corruption cases after pleading guilty and reaching a deal with prosecutors. Howe’s cooperation in those cases helped convict two other former top aides: Joseph Percoco, once one of Cuomo’s closest friends and trusted advisers, and Alain Kaloyeros, the economic expert who the governor praised as a genius. But in nearly 350 pages of emails, it was clear Howe had entree to the top levels of Cuomo’s administration, a period that included the time leading up to the news of the federal probe.

New York: Cuomo Signs Bill Banning Use of Paid Intermediaries to Win State Pension Fund Business
New York Daily News – Kenneth Lovett | Published: 8/21/2018

New York Gov. Andrew Gov. Cuomo signed legislation that bars firms from using placement agents, paid intermediaries, and registered lobbyists in obtaining investments from the state pension fund. Assembly Bill 3137 puts into law a policy adopted by Controller Thomas DiNapoli nearly a decade ago amid a “pay-to-play” scandal. The probe resulted in eight people being charged criminally, including two, former state Controller Alan Hevesi and his political consultant Hank Morris, who went to prison.

West Virginia: How One West Virginia Supreme Court Justice Gave Natural Gas a Big Victory and Shortchanged Residents
ProPublica – Ken Ward Jr. | Published: 8/20/2018

The West Virginia House impeached the four sitting justices on the state Supreme Court for extravagant spending, among other charges. Justice Beth Walker was impeached over allegations of irresponsible spending and poorly managing the court’s administrative affairs. Left unmentioned in the debate has been a peculiar vote by Walker that benefited the natural gas industry. She made an unusual decision to reopen a case and then reverse a Supreme Court ruling that would have forced drillers to pay more in profits to residents. Walker made the decision around the time her husband owned stock in a variety of energy companies, including those participating in West Virginia’s growing gas boom.

Campaign Finance

National: “Michael Cohen Says He Arranged Payments to Women at Trump’s Direction” by William Rashbaum, Maggie Haberman, Ben Protess, and Jim Rutenberg (New York Times) for MSN

National: “GOP Rep. Duncan Hunter and Wife Indicted on Charges of Misusing Campaign Funds” by John Bresnahan and Rachel Bade for Politico

California: “L.A. Ethics Commission Tables Proposed Ban on Developer Donations” by Emily Alpert Reyes and David Zahniser for Los Angeles Times

Idaho: “Idaho Panel: Implement fines for campaign finance violations” by Kimberlee Kruesi (Associated Press) for Twin Falls Times-News

New Mexico: “Another Year in Prison for Griego” by Dan Boyd for Albuquerque Journal

Washington D.C: “Trayon White Paid Back Constituent Fund for ‘Inappropriate’ Nation of Islam Donation” by Fenit Nirappil for Washington Post

Elections

North Carolina: “Court Blocks 2 Amendments From North Carolina Ballot After Governor’s Lawsuit” by Lynn Bonner (Tribune News Service) for Governing

Ethics

National: “Mueller Wins More Than a Conviction in Manafort Case” by Darren Samuelsohn and Josh Gerstein for Politico

Kentucky: “Loophole Allows Organizations to Pay for Legislators’ Out-of-State Travel Without Disclosing Amounts” by Joe Sonka for Insider Louisville

The Massachusetts Office of Campaign and Political Finance has issued an emergency regulation requiring independent expenditure disclosure prior to the primary election on September 4.

“Due to the Labor Day holiday on Sept. 3, the statute would not require independent expenditures made on Aug. 23, 24 and 25 to be disclosed prior to the Sept. 4 primary election. However, independent expenditures made between Aug. 26 and Sept. 2 would be disclosed before the election.”

This emergency regulation will eliminate the gap in disclosure, and now independent expenditures must be disclosed within 24 hours if they are utilized on August 23, 24, or 25.

Campaign Finance

National: Michael Cohen Says He Arranged Payments to Women at Trump’s Direction by William Rashbaum, Maggie Haberman, Ben Protess, and Jim Rutenberg (New York Times) for MSN

Florida: “After a Florida Democrat Said She’d Take Donations from the Marijuana Industry, Wells Fargo Closed Her Bank Account” by Christopher Ingraham for Washington Post

Elections

National: “New Russian Hacking Targeted Republican Groups, Microsoft Says” by David Sanger and Sheera Frenkel (New York Times) for MSN

Ethics

National: “After Collins Indictment, House Members Seek to Crack Down on Lawmakers’ Board Service” by Mike DeBonis (Washington Post) for Connecticut Post

New York: “Cuomo Signs Bill Banning Use of Paid Intermediaries to Win State Pension Fund Business” by Kenneth Lovett for New York Daily News

West Virginia: “How One West Virginia Supreme Court Justice Gave Natural Gas a Big Victory and Shortchanged Residents” by Ken Ward Jr. for ProPublica

Lobbying

National: “Elizabeth Warren Unveils Plans to Root Out Corruption in Washington, Ensure Federal Government Works for Americans” by Shannon Young for MassLive.com

Canada: “Lobbying Czar Calls for Federal Investment after Decade of Stagnant Funding” by Nicholas Russell for Richland Standard

California: “Female Lobbyist Lodges Complaint That State Sen. Joel Anderson Threatened to Hit Her” by Melanie Mason for Los Angeles Times

On August 21, Sen. Elizabeth Warren is introducing a 289-page bill with various changes to federal lobbying and ethics laws.

Among the changes included in the “Anti-Corruption and Public Integrity Act” are an expanded definition of “lobbyist”. The new definition covers individuals employed for compensation making at least one lobbying contact or engaging in lobbying activities that do not include making lobbying contacts. The bill creates the definition of “corporate lobbyist”, which are lobbyists compensated by for-profit entities and 501(c)(6) organizations like chambers of commerce, but does not include other 501(c) entities or political organizations.

Reporting by lobbyists would expanded to include disclosure of specific bills, policies, and governmental actions attempted to be influenced, meetings with public officials and documents provided to those officials.

The bill permanently bans all foreign lobbying by both foreign actors and American lobbyists. American lobbyists would be prohibited from accepting money from foreign governments, foreign individuals, and foreign companies to influence United States public policy.

Other changes include a life-time ban on lobbying by former presidents, vice presidents, cabinet secretaries, members of Congress, and federal judges. All other federal employees would be banned from lobbying their former office, department, agency, or Congress after leaving their position until the end of the Administration, but for no less than two years or at least six years for corporate lobbyists. The bill prohibits companies from immediately hiring senior government officials from an agency or office recently lobbied by that company. The law similarly would prohibit large companies, measured by annual revenue or market capitalization, from hiring former senior government officials for four years after they leave the government.

Additionally, lobbyists would be prohibited from making political contributions to candidates or members of Congress, giving gifts to the executive and legislative branch officials being lobbied, and from working for any contingency fee.

The bill also contains changes to the federal rule-making process, expands the open record laws, creates ethics requirements for the judicial branch, including the Supreme Court, and creates an independent U.S. Office of Public Integrity for enforcement. An additional part of the bill addresses conflict of interest laws for federal office holders and employees, including a ban on stock ownership, while in office or employed, by members of Congress, federal judges, and White House staff and senior agency officials.

Also, the legislation includes the “Presidential Conflicts of Interest Act”, which requires sitting presidents and vice presidents to place conflicted assets into blind trusts to be sold.

Campaign Finance

National: Despite Year-of-the-Woman Buzz, Female Candidates Lag Behind Men in Pulling in Campaign Cash by Michelle Ye Hee Lee and Anu Narayanswamy for Washington Post

Alabama: Obscure Names, Big Dollars: How Alabama chain PACs power campaigns & veil donors by Brian Lyman for Montgomery Advertiser

Missouri: Ethics Commission Says Greitens Campaign Broke the Law. Prosecutor Won’t File Charges by Jason Hancock for Kansas City Star

Montana: Montana’s Campaign-Contribution Limits Appealed to U.S. Supreme Court by Mike Dennison for KXLH

Elections

Georgia: Georgia Voting Rights Activists Move to Block a Plan to Close Two-Thirds of Polling Places in a Majority Black County by Vanessa Williams (Washington Post) for Chicago Tribune

Ethics

National: White House Counsel, Don McGahn, Has Cooperated Extensively in Mueller Inquiry by Michael Schmidt and Maggie Haberman for New York Times

National: Commerce Faces Scrutiny for Investments, Not Selling Certain Holdings by Steven Mufson for Washington Post

Lobbying

New York: A Corrupt Lobbyist’s Influence in the Cuomo Administration Is Revealed in Newly Disclosed Emails by Jesse McKinley for New York Times