Campaign Finance

National: “RNC Solicited Money for Trump’s Reelection with Forms That Look a Lot Like the Official Census” by Kim Bellware and Brittany Shammas (Washington Post) for MSN

Washington: “Firm Ordered to Pay More Than $1 Million After Illegally Funneling Money to Initiative Activist Tim Eyman” by Christine Clarridge for Seattle Times

Ethics

National: “Barr Personally Asked Foreign Officials to Aid Inquiry into CIA, FBI Activities in 2016” by Devlin Barrett, Shane Harris, and Matt Zapotosky (Washington Post) for MSN

National: “Pompeo Took Part in Ukraine Call, Official Says” by Courtney McBride (Wall Street Journal) for MSN

California: “L.A. Gave Him a $54,750 Consulting Gig. But Did He Do Any Work?” by Emily Alpert Reyes and David Zahniser for Los Angeles Times

Delaware: “Former Wilmington City Council President Indicted” by Jeanne Kuang and Esteban Parra for Wilmington News Journal

New York: “NY Ethics Law Requiring Issue Advocacy Groups to Disclose Donors Is Struck Down as Unconstitutional” by Dan Clark for New York Law Journal

Lobbying

Montana: “‘Excessive Lobbying’ by Nonprofit Federal Land Critic Prompts Complaint to IRS” by Laura Lindquist for Missoulia Current

Campaign Finance

National: “Elections Chief Says a GOP Colleague Blocked Wide Release of Her Foreign Activity” by Alex Horton (Washington Post) for MSN

Nebraska: “Nebraska Lags Behind Neighbors in Campaign Finance Regulation” by Tony Herrman for Hastings Tribune

Ethics

National: “Ericsson Sets Aside $1 Billion to Pay for Ethics Breaches in Six Countries” by Dave McCombs and Niklas Magnusson (Bloomberg) for Dallas News

National: “How a Shadow Foreign Policy in Ukraine Prompted an Impeachment Inquiry” by Kenneth Vogel, Andrew Kramer, and David Sanger (New York Times) for MSN

National: “The Interior Secretary Wants to Enlarge a Dam. An Old Lobbying Client Would Benefit.” by Coral Davenport (New York Times) for MSN

California: “These California Politicians Once Helped Regulate Legal Marijuana. Now They’re Working for the Industry” by Patrick McGreevy for Los Angeles Times

New York: “Assemblyman Introduced Bill Pushed by Firm That Paid Him” by Chris Bragg for Albany Times Union

Lobbying

National: “Dems Seek Lobbyist Cash to Fund Milwaukee Convention” by Maggie Severns and Theodoric Meyer for Politico

The U.S. Department of Justice (DOJ) announced, effective this week, all foreign agents filing with the DOJ under the Foreign Agents Registration Act (FARA) must submit their initial registration statements using its new online eFile system.

In the DOJ’s announcement, the agency said the “upgraded filing system allows registrants to submit data through a self-guided, web-based questionnaire, rather than uploading PDFs.”

While the current system will only allow for initial registrations, all other FARA filings will continue to use the existing eFiling system until further notice.

FARA is a disclosure statute requiring persons acting as agents of foreign principals in a political or quasi-political capacity to make public disclosure of their relationship with and activities for the foreign principal.

National/Federal

Convictions Tossed Out Against Ex-Flynn Business Partner
AP News – Michael Barakat | Published: 9/24/2019

A federal judge tossed out convictions against a one-time business partner of former national security adviser Michael Flynn who was accused of acting as a Turkish foreign agent. U.S. District Court Judge Anthony Trenga ruled the evidence against Bijan Kian was insufficient to sustain a conviction even though a jury convicted him at a trial earlier this year. Trenga had expressed doubts about the government’s case throughout the trial. Trenga also ordered that Kian should be granted a new trial if an appeals court reverses his decision to grant acquittals. Kian was convicted on a conspiracy count and a count of acting as an unregistered agent of Turkey. At trial, Kian also presented evidence that he had intended to register under the Foreign Agents Registration Act until a lawyer advised him it was unnecessary in his case.

DNC Raises Threshold to Make November Debate Stage
Politico – Zach Montellaro | Published: 9/23/2019

The Democratic National Committee (DNC) has slightly raised the bar to qualify for the November primary debate. The new thresholds represent the DNC’s latest attempt to balance its mandate to cull the field while also facing complaints about excluding candidates with impressive resumes, including sitting senators and governors, who could not meet the previous, lower polling and donor marks. Even some of the major candidates who have appeared in each of the first three debates have been forced to adjust their strategies to boost their poll numbers or trawl for small-dollar donors on Facebook, often spending multiples more to advertise than the money they received in return.

Here’s a Business Plan: Wooing millennials to the polls with prizes, not guilt
The Fulcrom – Bill Theobald | Published: 9/25/2019

Traditionally, voter registration and turnout drives go right for the moral argument. Registering to vote and going to the polls is your obligation in a democracy, the organizers say. But the relatively poor turnout through the years argues for a different approach. Armed with their millennials’ native knowledge of social media, an understanding of behavioral economics from their graduate work as well as their own research, graduate school classmates Jess Riegel and Rachel Konowitz put together a business plan particularly focused on getting younger people to vote.

Justice Department Drops Probe of Mueller-Referred Lobbyists, They Say
San Francisco Chronicle – Tom Hamburger and Matt Zapotosky (Washington Post) | Published: 9/24/2019

A long-running U.S. Justice Department investigation of two of Washington, D.C.’s best-known lobbyists was closed, the latest sign of the challenges facing prosecutors attempting to more aggressively pursue possible violations of the Foreign Agents Registration Act. Tony Podesta and Vin Weber said they were notified that federal prosecutors in Manhattan had closed the inquiry into work they did that benefited Ukrainian interests. As the investigation proceeded, Podesta closed his iconic lobbying firm, the Podesta Group. Weber left Mercury, a firm he had helped lead since 2011.

Koch-Linked Nonprofit Must Disclose Donors, Settlement Mandates
Bloomberg Government – Kenneth Doyle | Published: 9/19/2019

In a settlement with the FEC, the now-defunct Americans for Job Security (AJS) said it should have registered as a regulated PAC beginning in 2010 because it spent most of its money to influence elections. Such PACs must disclose their donors, unlike nonprofits that say they are mainly interested in policy issues rather than campaigns. While AJS acknowledged it had violated campaign finance law, the FEC said it would not seek an immediate fine because of the group’s defunct status and the long period of time since the spending occurred. The FEC approved the settlement before the departure of Commissioner Matthew Petersen, which left the agency without a four-member quorum to approve enforcement actions.

Pelosi Announces Impeachment Inquiry, Says Trump’s Courting of Foreign Political Help Is a ‘Betrayal of National Security’
MSN – Rachael Bade, Mike DeBonis, and Karoun Demirjian (Washington Post) | Published: 9/24/2019

House Speaker Nancy Pelosi took the extraordinary step of initiating impeachment proceedings against President Trump, accusing him of violating the Constitution in seeking help from a foreign leader to damage a political opponent. Pelosi’s move came after Trump acknowledged he urged the Ukrainian president to investigate former Vice President Joe Biden, a contender for the Democratic presidential nomination who holds a wide lead over Trump, polls show, in a potential general election matchup. The revelation prompted a rush of moderate House Democrats to call for an impeachment inquiry into Trump, a step they had resisted for months. The confrontation between the Democratic-led House and Trump is likely to further divide a polarized nation ahead of the 2020 election while carrying implications for both parties.

Politicians and Pundits Used to Refrain from Publicly Attacking Kids. Not Anymore.
Stamford Advocate – Hannah Natanson (Washington Post) | Published: 9/24/2019

Greta Thunberg is “mentally ill.” Emma González is a “skinhead lesbian.” David Hogg is “a special kind of stupid.” These may sound like playground taunts, but they are not: All are epithets applied by politicians, pundits, or political elites (adults) to the young leaders of global movements against climate change and gun violence. Thunberg is 16, and González and Hogg are in their late teens. This kind of rhetoric, experts say, is the hallmark of a new era of American political discourse: one that allows, even encourages, vitriolic verbal abuse of children and teenagers.

Trump’s Other Ukraine Problem: New concern about his business
Washington Post – Jonathan O’Connell and David Fahrenthold | Published: 9/26/2019

Buried in the controversy over President Trump’s phone call with Ukrainian President Volodymyr Zelensky was an effort by the Ukrainian leader at currying favor with Trump through his business. “Actually, last time I traveled to the United States, I stayed in New York near Central Park, and I stayed at the Trump Tower,” Zelensky told Trump, according to a rough transcript of the July 25 call. Zelensky’s comments mark the first known example of an interaction Democrats and ethics experts warned about when Trump took office: that foreign leaders would try to influence Trump by spending money at his properties and telling him about it.

Whistleblower Claimed Trump Abused His Office and That White House Officials Tried to Cover It Up
Portland Press Herald – Matt Zapotosky, Carol Leonnig, and Devlin Barrett (Washington Post) | Published: 9/26/2019

An intelligence community whistleblower raised alarms that President Trump used his office to pressure a foreign government to influence the 2020 U.S. election and his staff orchestrated a cover-up to keep details of a telephone call with Ukraine President Volodymyr Zelensky off normal channels. In the call, Trump pressed Zelensky to investigate Joe Biden and Biden’s son Hunter. Trump offered to enlist U.S. Attorney General William Barr’s help in that effort. While the whistleblower’s primary concern is the president’s phone call with Zelensky, it is clear from the document that its author also was troubled by what appeared then to be a four-month pattern of election season misconduct involving the president, his personal lawyer, Rudolph Giuliani, and White House aides who sought to keep the whole thing quiet.

From the States and Municipalities

Alaska – Ben Stevens Once Left the Alaska Senate in Disgrace. Now He’s Gov. Dunleavy’s Top Deputy.
Alaska Public Media – Nathaniel Herz | Published: 9/25/2019

Former Alaska Senate President Ben Stevens has been out of the public eye for a decade after he decided against running for re-election amid an ethics controversy that grew into bribery allegations against him. He was investigated by four federal agencies but was never charged with a crime. In December, Stevens was hired as a policy advisor to Gov. Mike Dunleavy. Then, in July, Dunleavy made Stevens his chief of staff, making him one of the most powerful unelected officials in the state. Stevens’ rise to an influential, public role revives some of the questions raised by Legislature’s 2006 corruption scandal, like the allegations by two former oil industry executives who said their company paid him bribes when he was a senator.

Arizona – Federal Judge Hears Arguments in Challenge to Initiative Law
Arizona Capitol Times – Howard Fischer (Capitol News Services) | Published: 9/25/2019

An attorney for the state asked a federal judge to uphold a law that challengers say is designed to make it more difficult for people to propose their own laws. Arizona Assistant Attorney General Joseph La Rue acknowledged the measure requires a judge to throw out all the signatures of paid or out-of-state circulators of initiative petitions if that person does not respond to a subpoena, regardless of whether the signatures gathered are actually valid. La Rue argued, however, that restriction is necessary to protect the integrity of the election process. U.S. District Court Judge Susan Bolton questioned why, if such automatic disqualification is necessary, that same provision does not apply when initiative signatures are collected by volunteers who are Arizona residents.

Arkansas – Lobbyist Fined $50 Over Late Reports
Arkansas Democrat-Gazette; Staff –   | Published: 9/24/2019

Lobbyist Keith Emis was fined $50 and issued a public letter of caution by the Arkansas Ethics Commission in a settlement of a complaint filed against him. February is the only month in this three-month period in which Emis reported lobbyist expenses on his reports. Emis said he contracts with another accounting firm to file his reports with the state and there was some type of communication problem between the firm and the secretary of state’s website.

California – Commissioner Enjoyed Fine Dining, ‘Relationship Building’ with Insurance Executives Before Donations, Action in Their Favor
San Diego Union Tribune – Jeff McDonald | Published: 9/19/2019

Following Ricardo Lara’s swearing in as California insurance commissioner, Eric Serna, a New Mexico lobbyist who more than a decade ago resigned in disgrace as that state’s most senior insurance regulator, began turning up at meetings between the new insurance chief and industry executives. The second meeting between Lara and Serna included the proposed buyer and seller of Applied Underwriters, a workers’ compensation insurer that has been the subject of dozens of complaints. The pending sale requires the approval of the California insurance commissioner. The meetings raise questions about Lara’s statements in July, when he said he was unaware that donors with ties to Applied Underwriters had contributed some $54,000 to his campaign. After The San Diego Union-Tribune disclosed the donations, Lara issued a statement apologizing for what he called an oversight and pledged to return the contributions.

California – Judge Blocks California Law Requiring Trump Tax Returns
Courthouse News Service – Nick Cahill | Published: 9/19/2019

Delivering a legal win for President Trump, a federal judge temporarily barred California from enforcing a law enacted to force the president to release his tax returns in order to appear on the state’s upcoming primary ballot. U.S. District Court Judge Morrison England Jr. said he is concerned the statute could overstep federal ethics laws regarding candidates’ financial disclosures and granted Trump and the Republican National Committee’s motion for preliminary injunction. The sides are fighting over first-of-its-kind legislation that requires presidential and gubernatorial candidates to release at least five years of recent tax returns in order to land on the state’s primary ballot. State Democrats want to force Trump’s hand and give California voters access to his tax returns before the February primary.

Florida – Orlando Airport Board, Facing Criticism, Reverses Course on No-Bid Lawyer Contracts
Orlando Sentinel – Beth Kassab and Jason Garcia | Published: 9/18/2019

The board that controls Orlando International Airport backed down from a plan to give no-bid contracts to new lawyers. The Greater Orlando Aviation Authority scrapped a controversial proposal to name a pair of law firms to serve as co-general counsel for the next six months. Instead, they agreed to solicit proposals from any law firms interested in the temporary job, with plans to pick the new lawyers in November. “I do believe the process was flawed,” Orange County Mayor Jerry Demings said.

Florida – Sen. Farmer Says There Is No Conflict of Interest Over His Relationship with Lobbyist
Orlando Sentinel – Gary Roher | Published: 9/19/2019

Florida Sen. Gary Farmer, slated to be Democratic leader after the 2020 elections, said he has not broken any laws or Senate rules by engaging in a relationship with a lobbyist and dismissed any notion of a conflict-of-interest. “Look at my voting record and compare it to her clients before you do any kind of story,” Farmer said in an interview with The Orlando Sentinel. Farmer told some colleagues he has begun a relationship with Andreina Figueroa, a lobbyist for several clients, including the Florida Justice Association, a trial lawyer group Farmer used to lead. Figueroa also has ties to the Miami-Dade GOP, and Farmer is in charge of Senate Democratic campaign efforts for the 2020 election.

Florida – Shiver’s Checkered Past Includes Role as FBI Informant in Opa-locka Corruption Case
Miami Herald – Jay Weaver | Published: 9/24/2019

Homestead mayoral candidate Steve Shiver’s résumé has had many highs (past commissioner of Homestead, Miami-Dade County manager) and many lows (personal and business bankruptcies, unproven allegations of drug use). But there is one thing no one would have seen until now: “FBI confidential informant.” The FBI tapped him for that part when he was hired as city manager by Opa-locka, a notoriously corrupt city, in 2015. As an FBI source, Shiver had to keep quit when he was publicly accused by a local contractor of soliciting a $150,000 bribe. The contractor’s allegation against Shiver turned out to be false, part of an FBI sting operation. Shiver is hoping the revelation of his role as a confidential source will help his bid for Homestead mayor.

Illinois – Federal Agents Raid Springfield, Cicero Offices of Illinois Sen. Martin Sandoval, Says Source
Chicago Tribune – Jason Meisner, Jaime Muncks, and Ray Long | Published: 9/24/2019

Federal agents raided the Springfield and Cicero offices of Illinois Sen. Martin Sandoval as part of an ongoing criminal investigation, according to a source. The exact nature of the investigation was not disclosed. The raids on Sandoval’s offices come amid ongoing corruption probes at Chicago City Hall. Several allies of House Speaker Michael Madigan have also come under scrutiny in recent months. Sandoval, who chairs the Senate Transportation Committee, has worked with Madigan over the years on a variety of legislative issues.

Maryland – Hogan Raising ‘Dark’ Money to Boost His Agenda, Stop Costly Education Plan
Connecticut Post – Erin Cox (Washington Post) | Published: 9/19/2019

Maryland Gov. Larry Hogan is launching a campaign to oppose Democratic policy initiatives in the state. Hogan asked supporters to donate to his new super PAC to fund the lobbying and public relations efforts. Campaign finance watchdogs said the governor’s solicitation illustrates a troubling trend that has escalated over the past decade, as public officeholders find methods to raise unlimited money – some from undisclosed donors – in ways often prohibited for traditional candidate committees. Entities similar to Hogan’s caused political trouble for District of Columbia Mayor Muriel Bowser in 2015 and New York City Mayor Bill de Blasio this year, after transparency advocates said the fundraising activity can blur ethical boundaries.

Massachusetts – House Approves Campaign Finance Reporting, OCPF Changes
MassLive.com – Matt Murphy (State House News Service) | Published: 9/25/2019

A bill overhauling campaign finance rules for legislative candidates passed the Massachusetts House. While many Republicans cheered the proposed switch to a reporting system that would require more frequent disclosures of campaign fundraising and spending, GOP leaders objected to changes in the way the director of the Office of Campaign and Political Finance (OCPF) is chosen. House Bill 4087 would create a new commission in charge of hiring the director of OCPF that would no longer include the chairs of the Democratic and Republican parties. OCPF Director Michael Sullivan was reappointed to new six-year term last November, but there is speculation that he may soon retire. “This is an obvious power play to eliminate any say that the minority party has when it comes to selecting the next OCPF director,” said state GOP Chairperson Jim Lyons.

Massachusetts – Sen. Jo Comerford Bill Would Ban Use of Public or Campaign Funds for Sexual Harassment Payouts
MassLive.com – Katie Lannan (State House News Service) | Published: 9/18/2019

A bill sponsored by Massachusetts Sen. Jo Comerford would prohibit elected officials in the state from using public or campaign funds to pay settlements or fines in sexual assault or harassment cases. In cases where an official is unable to pay with private funds, a public entity could use its money to cover the claim or settlement. The official would need to reimburse the entity, potentially by having portions of their salary withheld. Comerford was elected last year after a successful write-in campaign for the seat last held by former Senate President Stan Rosenberg, who resigned after an Ethics Committee report criticized his conduct in connection with sexual assault and harassment allegations against his husband, Bryon Hefner.

Michigan – Ex-Detroit Official Sent to Prison in Demolition Scandal
Detroit News – Robert Snell | Published: 9/23/2019

A city official who received as much as $26,500 in bribes from a contractor while rigging bids to tear down homes in Detroit’s federally funded demolition program was sentenced to one year in federal prison. The sentence for Aradondo Haskins represents the latest fallout from a corruption scandal clouding Detroit Mayor Mike Duggan’s program to rehabilitate the post-bankrupt city. Haskins is one of two people convicted of a pattern of corruption involving demolition contractors and dozens of secret payoffs. The corruption undermined the integrity of an unprecedented plan to remove thousands of dangerous, blighted structures in a city decimated by the Great Recession, prosecutors said.

Michigan – Lobbyists Spend Big on Food and Drink for State Lawmakers in 2019
MLive.com – Alyssa Burr | Published: 9/26/2019

Michigan lawmakers have consumed $540,637 worth of lobbyist-funded food and drink in the first seven months of 2019, a new report says. Craig Mauger, executive director of the Michigan Campaign Finance Network who put out the report, said lobbyists’ main strategy is to build relationships with lawmakers. “A lot of these meals take place like that. … It’s about talking about policies that are maybe before these lawmakers,” said Mauger. The lobbying law does not require lobbyists to tie all of their food and drink purchases directly to specific officeholders. Lobbyists only have to disclose which lawmakers they buy food for if they spend more than $62 in a month on an individual officeholder or more than $375 in a year on an individual officeholder.

Missouri – Ferguson Mayor Candidate Nabbed – Again – for Spending Campaign Cash on Himself
St. Louis Post-Dispatch – Kurt Erickson | Published: 9/24/2019

Former Missouri Rep. Courtney Curtis, who is running to be mayor of Ferguson, used his campaign account like a personal piggy bank, spending money on visits to spas, hotels, and concert events, state ethics regulators said. Curtis, who has had multiple run-ins with the state Ethics Commission over his campaign accounts, was fined more than $77,000 by the panel for a variety of alleged transgressions, including spending money from his account on gas and hotels while also receiving daily expense reimbursements from the state during his time as a House member. Curtis’ fine could be waived if he pays $7,750 and stays in compliance with state law for two years, the commission said.

Montana – Campaign Contribution Limits Go Up in Montana
The Missoulian – Holly Michels | Published: 9/23/2019

Campaign contribution limits are going up in Montana following an adjustment to match inflation required under state law. The new caps took effect September 21. Contributions made before that were subject to the older limits, but those who have already given money can donate again up to the new limit. The increases are slight: the amount an individual person can give to a campaign for governor rose from $710 to $680 per election, for example.

Nebraska – Prosecutors Drop 1 Charge Against UNL Researcher Accused of Defacing Republicans’ Signs, Office Door
Omaha World-Herald – Rick Ruggles | Published: 9/24/2019

Prosecutors have dropped one of two vandalism charges against a researcher at the University of Nebraska-Lincoln accused of defacing U.S. Rep. Jeff Fortenberry’s campaign. Patricia Wonch Hill was accused of putting “googly eyes” on some campaign signs that promoted Fortenberry. At least one of the signs had been altered so it read “Fartenberry.” The charge associated with the Fortenberry allegation was dropped. The remaining charge against Wonch Hill is an allegation she put stickers on state Sen. Deb Fischer’s office door in Lincoln. Wonch Hill has denied that.

New York – De Blasio to Developers: Donate to my nonprofit. $125,000 came
ENM News – Jeffrey Mayes (New York Times) | Published: 9/20/2019

The Joint Commission on Public Ethics (JCOPE) announced it reached settlements with three developers to pay a combined $65,000 for potential violations of New York’s lobbying law. The regulations preclude lobbyists and their clients from “giving gifts to a public official or to third parties on behalf of or at the designation or recommendation of a public official,” according to JCOPE. All three companies had hired lobbyists to influence New York City at the same time they donated money to Mayor Bill de Blasio’s political nonprofit group, the Campaign for One New York. The organization was used to support de Blasio’s political agenda. According to a report from the New York City Department of Investigation, the mayor and his intermediaries solicited donations from individuals and companies with business before the city.

New York – Trump Lawyers Argue He Cannot Be Criminally Investigated
MSN – Michael Gold (New York Times) | Published: 9/18/2019

Lawyers for President Trump argued he cannot be criminally investigated while in office as they sought to block a subpoena from state prosecutors in Manhattan demanding eight years of his tax returns. Taking a broad position that the lawyers acknowledged had not been tested, the president’s legal team argued in the complaint that the Constitution effectively makes sitting presidents immune from all criminal inquiries until they leave the White House. The lawsuit was filed in response to a subpoena issued to Trump’s accounting firm. The subpoena sought eight years of the president’s personal and corporate tax returns as the office investigates the role Trump and his family business played in hush-money payments made in the run-up to the 2016 presidential election.

North Carolina – Duke Energy PAC Donations, Refunds Spark Complaint
WRAL – Travis Fain | Published: 9/18/2019

A campaign finance watchdog filed a complaint against Duke Energy’s PAC, arguing more than $40,000 in now-refunded campaign donations to key North Carolina legislators were illegal contributions. The donations caught Bob Hall’s eye because the checks were logged just before the start of this year’s legislative session, then refunded in the following weeks and months. Most of the campaign involved said Duke’s PAC asked for the refunds. In some cases, they said, they were not entirely sure why. A company spokesperson said it was a timing issue: The checks were printed in December but given out in January because the PAC had already hit campaign contribution limits for the 2018 election cycle. Hall accused the company of making excess donations in 2018, then hiding it.

North Dakota – Extent of North Dakota Ethics Commission’s Authority Already Questioned
Grand Forks Herald – Jack Dura (Bismarck Tribune) | Published: 9/22/2019

Without any rules or even office space yet, North Dakota’s new Ethics Commission is already facing questions of how far its authority might extend, including a query about oilfield spills. The panel has not yet begun crafting rules related to transparency, corruption, elections, and lobbying. Commissioners say such rules will help guide their actions and decision-making as to investigations of complaints. For now, the board is working to address office and staffing details. One major item for its next agenda likely will be to outline apparent conflicts in constitutional and statutory language related to the board’s duties and definitions, such as confidentiality of complaints permitted by the constitution but not allowed by state law. The board might eventually request an attorney general opinion.

Oklahoma – Oklahoma Legislator Rents Apartment from Energy Lobbyist
The Oklahoman – Carmen Forman | Published: 9/23/2019

Oklahoma Rep. Kevin Wallace, chairperson of the House Appropriations Committee, rented an apartment from lobbyist OGE Energy lobbyist Ken Miller during the legislative session and in other months when Wallace had to be at or near the Capitol for meetings and other events. The arrangement between Wallace and Miller is not illegal, nor does it violate state ethics rules. But it gives the appearance that a special interest group may have outsized influence over legislative actions, said Beth Rotman of Common Cause. “When you have powerful policymakers literally sharing living space with people whose paid role it is to influence policy, things look way too cozy,” said Rotman.

Oregon – Case Closed: In Oregon campaign investigations, ‘I did not’ is all it takes
Portland Oregonian – Rob Davis | Published: 9/17/2019

When Oregon’s election watchdogs investigate potential violations of campaign laws, critics say they take a lackadaisical approach to ferreting out wrongdoing. The state’s weak enforcement gives powerful politicians and their financial supporters an easy out, even when they admit to behavior that may have violated state law. Steve Trout, the Oregon elections director, defended the state’s oversight of campaign finance laws. “Is it 100 percent rock solid? No,” Trout said. “Is it close? Yeah. We have to make decisions based on resources and priorities on how close to 100 percent we get.”

Pennsylvania – Philly Voting Machine Vendor Engaged in Years-Long Effort to Win Contract, City Watchdog’s Investigation Finds
Philadelphia Inquirer – Jonathan Lai | Published: 9/25/2019

Election Systems and Software (ES&S), the vendor that won a $29 million contract to supply Philadelphia with new voting machines, engaged in a years-long effort to lobby elections officials, who then rushed an opaque process that was biased toward that company, City Controller Rebecca Rhynhart said. ES&S spent more than $428,000 since January 2014 in lobbying efforts, the investigation found. Rhynhart said the findings raise questions about the process and whether election commissioners acted ethically when they chose ES&S’ touchscreen ExpressVote XL machines to be used beginning this November.

Rhode Island – Former Providence City Councilman Released from Court After Ethics Fine Paid
Providence Journal – Madeline List | Published: 9/25/2019

Constables with the Rhode Island Division of Sheriffs brought former Providence City Councilperson Luis Aponte into court after he was found in contempt for failure to appear to pay a debt owed to the state Ethics Commission. Aponte was released after “a woman showed up with cash” and paid the $1,623 fine, said Paul Grimaldi, spokesperson for the Department of Revenue. Aponte resigned from the council this summer after pleading no contest to embezzling $13,942 from his campaign account.

Tennessee – Former Davidson County Chancellor Bill Young Selected to Oversee Watchdog Agencies
The Tennessean – Joel Ebert | Published: 9/24/2019

Former Nashville Chancellor Bill Young was selected to serve as the next director of the Tennessee Bureau of Ethics and Campaign Finance. Young, who twice served in the state attorney general’s office, was chosen to succeed Drew Rawlins, who retired earlier this year, by members of the state Ethics Commission and the Registry of Election Finance. Janet Williams has served in an interim role since Rawlins’ retirement. Several of the candidates for the job talked in their interviews about the need for the watchdog groups to revamp their website, continue collecting civil penalties assessed against candidates and public officials, and the importance of having the registry begin holding its meetings throughout the state.

Virginia – Millions of Dollars Are Missing. The Sheriff Is Dead. A Small Virginia Town Wants Answers.
MSN – Antonio Olivo (Washington Post) | Published: 9/24/2019

A corruption probe involving current and former public officials resulted in 14 indictments in Warren County, Virginia – including all five county supervisors. The charges resulted from an investigation into the financial dealings of the Front Royal-Warren County Economic Development Authority. It has been alleged that at least $21 million has been embezzled in Warren County. The money was discovered missing last March and led to the authority suing its former executive director, Jennifer McDonald, and former Warren County Sheriff Daniel McEathron, who resigned and then committed suicide after McDonald’s arrest. Critics say the scandal reflects the perils of weak oversight in quasi-public economic development agencies.

Virginia – Virginia Senator Says She Never OK’d Ad Vowing to ‘Shoot Down’ Anti-Gun
Connecticut Post – Laura Vozzella (Washington Post) | Published: 9/23/2019

Virginia Sen. Amanda Chase blamed her digital advertising firm, the Prosper Group, for a political ad that shows her vowing to “shoot down” anti-gun activists, releasing a recorded phone conversation she said backs up her claim. A gun rights champion who caused a stir this year by wearing a gun on her hip on the Senate floor, Chase is running for a second term in November. In a recent Facebook ad, she is pictured pointing a gun. “I’m not afraid to shoot down gun groups,” it reads. “SIGN my petition to help end the assault on our liberties.” The backlash was swift, with local and national gun-control groups accusing her of threatening violence against them. The Prosper Group said the campaign had signed off on “shoot down” language for the “website landing page” that accompanies the ad, where supporters can sign a petition.

Washington – Food-Makers Fight Record Fine in Washington GMO Case
Capital Press – Don Jenkins | Published: 9/23/2019

The Washington Supreme Court will hear arguments on whether the Grocery Manufacturers Association (GMA) violated state election law by not naming the companies that spent $11 million to defeat a genetically modified-labeling initiative in 2013. The court also will decide whether to uphold the largest-ever fine levied in the U.S. for a campaign finance violation: $6 million. The GMA argues lower courts were insensitive to internet-fueled reprisals that businesses face. By funneling campaign contributions through an umbrella organization, food-makers preserved their right to band together and take political stands, according to the GMA. The association collected the money and reported itself as the donor.

Washington DC – Why a D.C. Lawmaker Under Investigation Votes on His Own Probe and Discipline
Washington Post – Fernit Nirappil | Published: 9/18/2019

The District of Columbia Council, frustrated by roadblocks in its investigation of possible ethics violations by member Jack Evans, voted to allow city officials to ask a court to compel the lawmaker’s private clients to cooperate. The lone dissenting vote was cast by Evans. It was one of several votes taken by Evans that have pertained to investigations of his conduct in office. The idea of recusal was never broached by Evans or his colleagues on the council during the recent vote. Council rules give lawmakers discretion to decide when to sit out votes. But critics say Evans had an obvious conflict.

Wyoming – Wyoming Is Looking to Close a Campaign Finance Loophole. But It May Not Matter.
Casper Star Tribune – Nick Reynolds | Published: 9/21/2019

Wyoming lawmakers are patching the loopholes that were revealed during the 2018 mid-term election, assembling a reform package ahead of the upcoming legislative session. Among the proposed reforms is a bill intended to close a loophole in the state’s campaign finance law which, previously, allowed corporations and nonprofits to contribute funds or services to campaign committees or PACs who “directly coordinate with a candidate or a candidate’s campaign committee.” This suggestion would knock down a piece of low-hanging fruit that should, if passed into law, create an explicit barrier between politicians and the private sector. But campaign finance experts say the law, while well-intended, does little to obstruct the use of special interest funding to influence the outcome of state elections. Not because the statute itself is a bad law, but because of the lack of any means to enforce it independently.

Campaign Finance

Missouri: “Ferguson Mayor Candidate Nabbed – Again – for Spending Campaign Cash on Himself” by Kurt Erickson for St. Louis Post-Dispatch

Rhode Island: “Former Providence City Councilman Released from Court After Ethics Fine Paid” by Madeline List for Providence Journal

Ethics

National: “Trump Offered Ukrainian President Justice Dept. Help for Biden Investigation, Memo Shows” by Devlin Barrett, Matt Zapotosky, Carol Leonnig, and Josh Dawsey (Washington Post) for MSN

Illinois: “Federal Agents Raid Springfield, Cicero Offices of Illinois Sen. Martin Sandoval, Says Source” by Jason Meisner, Jaime Muncks, and Ray Long for Chicago Tribune

Tennessee: “Former Davidson County Chancellor Bill Young Selected to Oversee Watchdog Agencies” by Joel Ebert for The Tennessean

Virginia: “Millions of Dollars Are Missing. The Sheriff Is Dead. A Small Virginia Town Wants Answers.” by Antonio Olivo (Washington Post) for MSN

Lobbying

National: “Justice Department Drops Probe of Mueller-Referred Lobbyists, They Say” by Tom Hamburger and Matt Zapotosky (Washington Post) for San Francisco Chronicle

National: “Convictions Tossed Out Against Ex-Flynn Business Partner” by Michael Barakat for AP News

Campaign Finance

Montana: “Campaign Contribution Limits Go Up in Montana” by Holly Michels for The Missoulian

Washington: “Food-Makers Fight Record Fine in Washington GMO Case” by Don Jenkins for Capital Press

Elections

National: “DNC Raises Threshold to Make November Debate Stage” by Zach Montellaro for Politico

Ethics

National: “Pelosi Announces Impeachment Inquiry, Says Trump’s Courting of Foreign Political Help Is a ‘Betrayal of National Security’” by Rachael Bade, Mike DeBonis, and Karoun Demirjian (Washington Post) for MSN

Florida: “Shiver’s Checkered Past Includes Role as FBI Informant in Opa-locka Corruption Case” by Jay Weaver for Miami Herald

Michigan: “Ex-Detroit Official Sent to Prison in Demolition Scandal” by Robert Snell for Detroit News

Nebraska: “Prosecutors Drop 1 Charge Against UNL Researcher Accused of Defacing Republicans’ Signs, Office Door” by Rick Ruggles for Omaha World-Herald

Virginia: “Virginia Senator Says She Never OK’d Ad Vowing to ‘Shoot Down’ Anti-Gun” by Laura Vozzella (Washington Post) for Connecticut Post

Lobbying

Arkansas: “Lobbyist Fined $50 Over Late Reports” by Staff for Arkansas Democrat-Gazette

Campaign Finance

North Carolina: “Duke Energy PAC Donations, Refunds Spark Complaint” by Travis Fain for WRAL

Oregon: “Case Closed: In Oregon campaign investigations, ‘I did not’ is all it takes” by Rob Davis for Portland Oregonian

Wyoming: “Wyoming Is Looking to Close a Campaign Finance Loophole. But It May Not Matter.” by Nick Reynolds for Casper Star Tribune

Elections

California: “Judge Blocks California Law Requiring Trump Tax Returns” by Nick Cahill for Courthouse News Service

Ethics

National: “How Trump and Giuliani Pressured Ukraine to Investigate the President’s Rivals” by Josh Dawsey, Paul Sonne, Michael Kranish, and David Stern (Washington Post) for MSN

North Dakota: “Extent of North Dakota Ethics Commission’s Authority Already Questioned” by Jack Dura (Bismarck Tribune) for Grand Forks Herald

Lobbying

Oklahoma: “Oklahoma Legislator Rents Apartment from Energy Lobbyist” by Carmen Forman for The Oklahoman

Procurement

Florida: “Orlando Airport Board, Facing Criticism, Reverses Course on No-Bid Lawyer Contracts” by Beth Kassab and Jason Garcia for Orlando Sentinel

Campaign Finance

National: “Koch-Linked Nonprofit Must Disclose Donors, Settlement Mandates” by Kenneth Doyle for Bloomberg Government

California: “Commissioner Enjoyed Fine Dining, ‘Relationship Building’ with Insurance Executives Before Donations, Action in Their Favor” by Jeff McDonald for San Diego Union Tribune

Maryland: “Hogan Raising ‘Dark’ Money to Boost His Agenda, Stop Costly Education Plan” by Erin Cox (Washington Post) for Connecticut Post

Massachusetts: “Sen. Jo Comerford Bill Would Ban Use of Public or Campaign Funds for Sexual Harassment Payouts” by Katie Lannan (State House News Service) for MassLive.com

Ethics

New York: “Trump Lawyers Argue He Cannot Be Criminally Investigated” by Michael Gold (New York Times) for MSN

Washington DC: “Why a D.C. Lawmaker Under Investigation Votes on His Own Probe and Discipline” by Fernit Nirappil for Washington Post

Lobbying

Florida: “Sen. Farmer Says There Is No Conflict of Interest Over His Relationship with Lobbyist” by Gary Roher for Orlando Sentinel

New York: “De Blasio to Developers: Donate to my nonprofit. $125,000 came” by Jeffrey Mayes (New York Times) for ENM News

National/Federal

Amazon to Start Voice-Controlled Donations to 2020 Presidential Campaigns
Houston Chronicle – Michelle Ye Hee Lee (Washington Post) | Published: 9/18/2019

Starting in October, customers will be able to donate to presidential campaigns through Amazon’s Alexa. The latest evolution in campaign technology raises new questions about how such contributions will be screened to make sure they are legal. It also points to challenges federal regulators face in keeping up with such innovations without a functioning FEC, which lost its voting quorum recently. Amazon will not report directly to the FEC or make donor information public, said company spokesperson Kerry Hall. Instead, it will provide to campaigns the donors’ name, email address, and physical address. Federal regulations allow commercial vendors to process contributions for campaigns as long as they meet certain requirements.

Andrew Yang Said He Would Give 10 People $1,000 Each Month. Is That Legal?
MSN – Matt Stevens (New York Times) | Published: 9/13/2019

Unlike earlier, when Democratic presidential candidate Andrew Yang paid what he calls “freedom dividends” out of his own pocket to three families, his advisers said the money to provide every American adult with $1,000 a month would be funded by campaign donations, raising questions about whether such a giveaway violates election law. To differentiate campaign expenses from personal ones, regulators must determine whether the expense would exist if the candidate were not running for office. Yang’s campaign said the planned payments would pass legal muster because they would not exist if not for the campaign. But FEC rules specify the personal use of campaign funds by “any person” is prohibited. And the families that would receive $12,000 over the course of a year from Yang would almost certainly spend the extra money on such expenses, which experts said could be problematic.

Appeals Court Revives Foreign Corruption Suit Against Trump
Politico – Josh Gerstein | Published: 9/13/2019

A federal appeals court resurrected the first lawsuit Trump faced over claims his business dealings violated the Constitution’s foreign emoluments clause, which bars federal officials receiving payments from foreign governments. A panel of the Second Circuit Court of Appeals ruled a District Court judge erred in 2017 when he dismissed a lawsuit challenging profits Trump has received from foreign officials doing business with his Washington, D.C. luxury hotel and other Trump-branded properties. The suit also took issue with Trump Organization licensing arrangements approved by foreign governments. The judge who originally dismissed the suit said the plaintiffs’ claims of harm were too speculative and remote to let it go forward. The appeals court said the case was a viable one on the grounds of so-called competitor standing.

Bid to Unmask Dark Money Donor Lands in DC Circuit
Courthouse News Service – Megan Mineiro | Published: 9/13/2019

The U.S. Court of Appeals for the District of Columbia Circuit heard arguments in a lengthy legal battle entangling federal courts over the issue of so-called dark money campaign contributions. For the second time, a three-judge panel in Washington took up a case in which the U.S. Supreme Court last year allowed a lower court decision forcing Crossroads Grassroots Policy Strategies to disclose donors to take effect. The original complaint by Citizens for Responsibility and Ethics in Washington (CREW) claimed Crossroads GPS sidestepped campaign finance laws by not disclosing the name of an anonymous donor who contributed millions of dollars at a fundraising event to then-Ohio Treasurer Josh Mandel’s campaign for the U.S. Senate. After the FEC denied CREW’s complaint, the group sued the agency, arguing it had ignored Congress’ mandate with the regulation that allowed Crossroads GPS to maintain donor secrecy.

Elaine Chao Investigated by House Panel for Possible Conflicts
ENM News – Eric Lipton and Michael Forsythe (New York Times) | Published: 9/16/2019

The House Oversight and Reform Committee asked Transportation Secretary Elaine Chao to turn over documents related to communication with her family’s shipping company. The request relates to actions Chao has taken that potentially benefited Foremost Group, a New York-based shipping company owned by her family. Foremost has received hundreds of millions of dollars in loan commitments from a bank run by the Chinese government to help build ships that Foremost has purchased from government-owned shipyards there. The actions by Chao, including joint public appearances since she became transportation secretary with her father, who founded the company, and a planned trip to China to meet with government officials there, have led House investigators to question if she is using her office to try to benefit her family’s financial interests.

Elizabeth Warren’s K Street Overhaul
Roll Call – Kate Ackley | Published: 9/17/2019

Democratic presidential candidate Elizabeth Warren announced a new set of proposals aimed at curbing the “revolving door” between business and government. She would prohibit members of Congress and other top officials from ever becoming lobbyists and would expand waiting periods to at least two years for lower-level officials. Warren would also prohibit lobbyists from donating to political campaigns or from fundraising on their behalf and would abolish the current threshold for when someone must register to lobby. Her plan also would prohibit lobbying activities on behalf of foreign governments, something that is now standard practice on K Street.

Inaction on Kavanaugh Allegations Reignites Political Rancor
Laredo Morning Times – Seung Min Kim (Washington Post) | Published: 9/16/2019

Days before Brett Kavanaugh was confirmed to the Supreme Court, U.S. Sen. Christopher Coons sent a letter to the FBI, urging “appropriate follow up” on new information he believed was relevant to sexual misconduct allegations made against the nominee. Then, apparently, not much happened. Not at the FBI, which did not interview the person whom the senator referred to the bureau. Not in the office of then-Judiciary Committee Chairperson Charles Grassley, which was copied on the letter. And not among Democrats, several of whom had been unaware of the information until a New York Times report detailed a new alleged incident involving Kavanaugh. That inaction has renewed a debate about how his confirmation was handled, angering Democrats about a process they felt was rushed and animating Republicans who decried what they viewed as attempts to assassinate Kavanaugh’s character.

Lobbyist Registry May Become Available This Week
Weekly Journal – Giovanna Garolfalo | Published: 9/18/2019

The Puerto Rico Department of Justice is expected to launch its digital platform to register lobbyists soon. The move would come more than two months after then-Gov. Ricardo Rosselló signed an executive order to create a lobbyist registry and establish the “code of total transparency” for all agency heads within the executive branch. The executive order states that any individual who is carrying out lobbying activities must register and submit an affidavit that includes information about their clients in any government agency; the business or businesses in which they participate; and the list of people for which they are performing lobbying activities, among other provisions.

Trump Outpaces Obama, Bush in Naming Ex-Lobbyists to Cabinet
AP News – Richard Lardner | Published: 9/17/2019

In less than three years, President Trump has named more former lobbyists to Cabinet-level posts than his most recent predecessors did in eight, putting a substantial amount of oversight in the hands of people with ties to the industries they are regulating. Instead of staring down “the unholy alliance of lobbyists and donors and special interests” as Trump recently declared, the influence industry has flourished during his administration. The review was limited to the Trump, Obama, and George W. Bush administrations because prior to 1995 there was no central database of federal lobbying registrations and the law was hazy about who was supposed to register.

Canada

Canada – Third Incident of Canadian PM Justin Trudeau in Racist Makeup Emerges
Grand Forks Herald – Amanda Coletta, Hannah Knowles, and Reis Thebault (Washington Post) | Published: 9/19/2019

A third incident of Canadian Prime Minister Justin Trudeau appearing in racist makeup emerged hours after he apologized for wearing brownface at an Arabian Nights-themed party and blackface at a high school performance. The succession of revelations rocked Trudeau’s campaign as he faces a tough battle for a second term. Trudeau apologized after Time magazine published a yearbook photograph taken in 2001, when he was a teacher at West Point Grey Academy in Vancouver. It depicts the then-29-year-old smiling while wearing a feathered turban, his face darkened. Trudeau also admitted to wearing blackface in high school while singing the song “Day-O” at a talent show.

From the States and Municipalities

Alaska – Insurance-Focused Political Group Fined $5,500 After Decade of Failed Disclosure
Anchorage Daily News – James Brooks | Published: 9/18/2019

The Alaska Public Offices Commission (APOC) voted to fine an insurance-focused PAC $5,500 to settle a complaint it failed to register with the commission for more than a decade and for two years accepted contributions that violated state law. According to the settlement agreement, INSURPAC of Alaska failed to file campaign disclosure reports between 2005 and 2017. In 2015 and 2018, it received contributions that violated the $500 per-person annual cap. The violations were discovered after INSURPAC voluntarily disclosed them to APOC.

Arizona – Ballot Proposal Seeks to Block Lawmakers from Voting on Issues They Benefit From
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 9/17/2019

A new initiative proposal in Arizona seeks to block state lawmakers from proposing and voting on measures that could benefit themselves and family members. Paperwork filed with the secretary of state’s office would make it illegal for legislators to take any action on measure in which they or a relative have a “direct and substantial financial interest.” That is defined to mean any financial benefit that is not shared by at least a significant portion of the general public. There are conflict-of-interest restrictions on lawmakers currently. But that has generally been defined as a “rule of 10,” meaning there is no legal conflict if the legislation affects at least 10 people.

California – Politics Is a Swamp, but California and Washington Get High Marks for Their Ethics Enforcers
Sacramento Bee – Andrew Sheeler | Published: 9/12/2019

California’s state ethics agency is among the most transparent in the nation, while Washington’s agencies have mixed reviews. The Coalition for Integrity released its annual S.W.A.M.P. index, this year rating states by the transparency of their ethics agencies. It is a follow up to the 2018 report, which ranked states by the scope and independence of their ethics agencies, including enforcement power. In the 2019 report, California ranked third in the nation. Washington state earned mixed marks, putting it tied for sixth in the nation overall.

Delaware – Supreme Court Says Judges Are Above Politics. It May Hear a Case Testing That View.
ENM News – Adam Liptak (New York Times) | Published: 9/16/2019

U.S. Supreme Court justices insist politics plays no role in their decision making. But their voting patterns and the partisan confirmation battles for seats on the high court tell a different story. The debate over the role politics plays in judging is mostly theoretical. But a petition filed by Delaware Gov. John Carney Jr. makes it concrete. It asks the justices to consider whether states may take account of the political affiliations of judges to try to achieve something like ideological balance on their courts. The Delaware Constitution says judges affiliated with any one political party can make up no more than a “bare majority” on the state’s highest courts, with the remaining seats reserved for judges affiliated with the “other major political party.” James Adams, a retired lawyer and registered independent, challenged the balancing provision, saying it violated the First Amendment.

Florida – Ron DeSantis’ Political Team Planned $25K Golf Games, $250K ‘Intimate Gatherings,’ Memos Say
Tampa Bay Times – Steve Contorno | Published: 9/12/2019

Paying for access to powerful politicians is hardly new. President Clinton famously allowed top donors to stay in the Lincoln Bedroom at the White House during the 1990s. President Trump’s chief of staff Mick Mulvaney once bragged, “If you’re a lobbyist who never gave us money, I didn’t talk to you. If you’re a lobbyist who gave us money, I might talk to you.” But internal documents from Florida Gov. Ron DeSantis’ campaign committee provide a rare peek into the inner workings of the main political operation behind Florida’s top elected official.  The memos lay out how DeSantis’ political and gubernatorial staff could work together to meet a personal goal of their boss: Make DeSantis a nationally known political entity.

Illinois – Ethics Board Levels $25K Fine on Political Consultant Recorded Allegedly Arranging Viagra, Sexual Services for Ex-Chicago Alderman
Chicago Tribune – Juan Perez Jr. and Jason Meisner | Published: 9/16/2019

The Chicago Board of Ethics fined political consultant Roberto Caldero $25,000, concluding there was probable cause to believe he “engaged in several acts of unregistered lobbying.” The board cited media reports on a court filing that showed the FBI investigated alleged corruption by former Ald. Daniel Solis. The council member sought Viagra at a massage parlor from Caldero while the consultant was lobbying Solis on a variety of issues. There was no evidence Solis ever paid Caldero for the pills. An affidavit suggested Caldero also offered prostitution services to Solis on several occasions. Officials suggested more fines could be on the way. “We continue to look at this, and as in the past, we have also looked to the employer of unregistered lobbyists and taken action with regard to them,” board Chairperson William Conlon said.

Illinois – Illinois Gaming Board Chair Who Resigned in June Engaged in Prohibited Political Activity While in Charge of Body That Regulates Gambling, Watchdog Finds
Chicago Tribune – Dan Petrella | Published: 9/18/2019

Don Tracy, who resigned as chairperson of the Illinois Gaming Board shortly before his term was up this summer, engaged in prohibited political activity while head of the body that regulates gambling, according a report from a state watchdog. Tracy made “loans and contributions either directly, or through his wife, to political committees” in violation of state law, the Office of Executive Inspector General said in a May 31 report that was not released until a few days ago. Tracy, whose term was set to expire July 1, resigned in mid-June, just before Gov. J.B. Pritzker signed into law a gambling expansion to be overseen by the Gaming Board. The inspector general’s office recommended Pritzker “take whatever action he deems appropriate,” but Tracy said the governor’s office never requested or demanded his resignation.

Kentucky – Jury Finds Jerry Lundergan and Dale Emmons Guilty of Campaign Finance Crimes
Louisville Courier-Journal – Joe Sonka | Published: 9/12/2019

A jury found Jerry Lundergan guilty on all 10 felony counts in the federal case accusing him of conspiring to conceal illegal corporate donations from his company to the U.S. Senate campaign of his daughter, Kentucky Secretary of State Alison Lundergan Grimes. The jury also found co-defendant Dale Emmons, a consultant paid by Lundergan’s company to provide services for Grimes’ campaign, guilty on all six felony counts. Defense attorneys for Lundergan and Emmons argued the two made innocent mistakes during that campaign and did not knowingly violate campaign finance laws, which would need to be proven in order for there to be a conspiracy.

Maryland – PAC Operator Pleads Guilty to Fraud
Politico – Maggie Severns and Derek Willis | Published: 9/18/2019

In one of the first Justice Department cases of its kind, Maryland political consultant Kelley Rogers pled guilty to wire fraud for operating multiple fraudulent PACs that raised money from donors for conservative causes but kept much of the funds for Rogers and his associates. A Politico and ProPublica story detailed how one of Rogers’ PACs, Conservative Majority Fund, took information it had collected about donors for the American Conservative Union, the operators of the annual CPAC conference, and used that information to build a PAC that preyed on those donors’ fears. While promising to fight Barack Obama and illegal immigration, internal emails and documents showed Rogers and his associates instead funneled the money back to themselves.

Massachusetts – Former State Police Union President, Lobbyist Indicted on Federal Charges
Boston Globe – Andrea Estes, Matt Rocheleau, and Danny McDonald | Published: 9/13/2019

Dana Pullman, the embattled former president of the Massachusetts State Police union, was indicted on a host of federal charges, including racketeering and conspiracy. Pullman was arrested in August and accused of taking kickbacks from the union’s former lobbyist and using union money for personal expenses including meals, travel, flowers, and gifts for a girlfriend. The lobbyist, Anne Lynch, was also arrested, accused of paying Pullman thousands of dollars in kickbacks for steering business to her firm. A federal grand jury broadened the charges, adding new tax fraud counts and a third alleged kickback scheme. Lynch allegedly paid two checks for a total of $11,250 to Pullman’s wife, allegedly for his help connecting a union lawyer with Lynch. The lawyer was seeking a marijuana dispensary license.

Michigan – Former State Rep. Todd Courser Gets Probation in Case Related to 2015 Sex Scandal
MLive.com – Julie Mack | Published: 9/16/2019

Former Michigan Rep. Todd Courser was sentenced to 12 months of probation in a criminal case stemming from a 2015 sex scandal involving his extramarital affair with then-state Rep. Cindy Gamrat. Courser agreed to a deal in which he pleaded no contest to willful neglect of duty by a public officer. The misconduct involves soliciting a state employee to send out a false email. To cover up the affair, Courser asked an aide to share an email containing outlandish allegations against him so that rumors of his affair with Gamrat would pale in comparison and not be believed.

Mississippi – Mississippi AG Investigates His Rival in Governor’s Race
The Hill – Reid Wilson | Published: 9/18/2019

Mississippi Attorney General Jim Hood, one of the last remaining Democrats holding statewide office in the Deep South, faces Lt. Gov. Tate Reeves in the battle to replace Gov. Phil Bryant. The campaign has been acrimonious since the beginning. But Hood added a new wrinkle when he released the results of a yearlong investigation into Reeves’s role in building a state-funded road connecting Reeves’s neighborhood with a nearby shopping center. The report is heavy on inference and light on conclusions. It suggests Reeves violated a provision of the state constitution meant to prevent conflicts-of-interest but in a separate report, former state Supreme Court Justice David Chandler said he did not see any evidence of wrongdoing. Reeves’s campaign and watchdogs cried foul over Hood’s report, which landed seven weeks before voters head to the polls.

Missouri – Page Signs Orders to Boost Ethical Standards of St. Louis County Executive Office
St. Louis Public Radio – Jason Rosenbaum | Published: 9/18/2019

St. Louis County Executive Sam Page signed executive orders aimed at beefing up ethics regulations. It is part of Page’s continued response to his predecessor Steve Stenger’s resignation and impending incarceration on corruption charges. The executive orders encourage disclosing public documents that are subject to open records requests and institute a code of ethics for county executive appointees. Page says appointees who do not report instances of corruption could face termination. He also wants the county council to pass a bill stopping bidders from contacting county officials while the contracting process is underway. He has dubbed that idea the “cone of silence” legislation.

Montana – Republican Lawmaker from Missoula Settles Lawsuit over Bullock Ethics Complaint
The Missoulian – David Erickson | Published: 9/18/2019

The Office of the Commissioner of Political Practices agreed to pay Montana House Majority Leader Brad Tschida almost $75,000 for attorney’s fees related to a lawsuit he filed to strike down a law keeping ethics complaints confidential. Matthew Monforton, Tschida’s attorney, said his client purposely waited until just a few months before the election to file a complaint involving Gov. Steve Bullock over an incident that happened two years prior. But then-Commissioner of Political Practices Jonathan Motl said the complaint must be kept confidential until his office ruled on its merit. The Ninth U.S. Circuit Court of Appeals struck down the law that required any ethics complaints made against a state official to be kept confidential, ruling it violated free-speech rights.

New Jersey – Murphy-Linked ‘Dark Money’ Group Reveals Donors
Burlington County Times – David Levinsky | Published: 9/16/2019

A so-called dark money group that has actively sought to build public support for New Jersey Gov. Phil Murphy’s agenda listed its donors ahead of the implementation of a new law that aims to require disclosure by all nonprofit groups engaged in political activities or lobbying. New Direction New Jersey revealed a list of 25 donors who contributed close to $6.8 million to the nonprofit 501(c)4 since its inception in 2017. Most of the money came from unions, including a $4.5 million contribution from Garden State Forward, a super PAC affiliated with the New Jersey Education Association. New Direction was formed by several members of Murphy’s gubernatorial campaign team and the nonprofit has paid for advertising and other media promoting the governor’s agenda.

New Mexico – New State Ethics Panel Selects First Executive Director
Albuquerque Journal – Dan McKay | Published: 9/13/2019

Jeremy Farris, chief legal counsel for the state Department of Finance and Administration, was chosen to be the first executive director of New Mexico’s new ethics agency. he will play a key role in shaping the establishment of the commission, which will handle allegations of wrongdoing against legislators, lobbyists, and others. Farris He and presidential candidate Pete Buttigieg were in the same Rhodes scholarship class and were roommates their second year at Oxford. The salary range for the new executive director is $125,000 to $146,000 a year.

New York – 8 Years of Trump Tax Returns Are Subpoenaed by Manhattan D.A.
MSN – William Rashbaum and Ben Protess (New York Times) | Published: 9/16/2019

State prosecutors in Manhattan subpoenaed President Trump’s accounting firm to demand eight years of his personal and corporate tax returns. The subpoena opens a new front in a wide-ranging effort to obtain copies of the president’s tax returns, which Trump initially said he would make public during the 2016 campaign but has since refused to disclose. The subpoena was issued soon after the Manhattan district attorney’s office opened a criminal investigation into the role the president and his family business played in hush-money payments made in the run-up to the election. Both Trump and his company reimbursed Michael Cohen, the president’s former lawyer and fixer, for money Cohen paid to buy the silence of Stormy Daniels, a pornographic film actress who said she had an affair with Trump.

New York – After Criticism, JCOPE Ramps Up Probe of Alleged Rape Survivor
Albany Times Union – Chris Bragg | Published: 9/12/2019

In the wake of protests at a meeting of the New York Joint Commission on Public Ethics (JCOPE), the panel escalated its probe of alleged rape victim Kat Sullivan for potential lobbying violations. Since the meeting, JCOPE staff told two vendors who aided Sullivan’s effort to pass the Child Victims Act (CVA) they could face subpoenas. JCOPE staff believes Sullivan’s advocacy for the CVA exceeded the spending threshold requiring registration as a lobbyist. Sullivan denies the charge, refuses to register, and faces fines of up to $25,000 per violation. Sullivan’s attorney, David Grandeau, contends JCOPE’s actions since the protests are retribution for embarrassing commissioners. He noted that as far as Sullivan can tell, the panel has taken little action on her case in the preceding three months.

North Dakota – North Dakota Ethics Commission Members Bring Broad Backgrounds to Board
Bismarck Tribune – Jack Dura | Published: 9/16/2019

The Ethics Commission born by voters’ approval of a 2018 initiated constitutional measure held its first, mostly organizational meetings recently in Bismarck. It is scheduled to meet monthly into spring. Its five members live in different parts of the state and have backgrounds that include legal, judicial, and governmental experience. The commission is tasked with investigating complaints against lawmakers, state elected officials, lobbyists, and candidates. It is expected to write its own rules related to lobbying, elections, transparency, and corruption. Leading the panel is Chairperson Ron Goodman, a retired judge who will serve a four-year term.

Ohio – Appearance of Conflict-of-Interest at Issue in Criminal Cases Involving Mayor Frank Jackson’s Grandson, Experts Say
Cleveland Plain Dealer – Adam Ferrise | Published: 9/13/2019

The appearance of conflicts-of-interest exist in the issues surrounding the two criminal cases involving Cleveland Mayor Frank Jackson’s grandson, according to four criminal justice experts. Those experts said there is guidance and general practices for dealing with cases where the appearance of a conflict could erode public trust in the criminal justice system. They said the mere possibility of an appearance of impropriety or special treatment in a case should automatically trigger officials to ask for a special prosecutor or an outside police agency to take over a case. Anomalies surfaced in two recent criminal investigations and how the city law department and police, both ultimately under Jackson’s direction, handled the cases.

Oklahoma – ‘If We Lie to a Legislator, We Are Dead’: Oklahoma lobbyists form association
NonDoc – Tres Savage | Published: 9/18/2019

A veteran of the contract lobbying world, former state Sen. Jim Dunlap is a driving force behind the creation of a new trade group for his profession launched this summer: The Oklahoma Society of Professional Advocates. Dunlap has invited all 400-plus registered lobbyists in Oklahoma to join, but he said the association is hoping to feature about 100 total members. One goal of the group will be to formalize a code of conduct. Dunlap also said the association will attempt to help lobbyists get to know one another better to avoid personal turmoil during the legislative session. Dunlap said a lobbyist’s main job is to “educate” people about complicated subjects, dozens of which are placed before each legislator every year.

Pennsylvania – Pa. Sen. Folmer Resigns Day After Being Charged with Possession of Child Pornography
PennLive – Jan Murphy | Published: 9/18/2019

Facing charges of possession of child pornography, Pennsylvania Sen. Mike Folmer resigned the seat he has held for 12 years. The investigation began in February after the National Center for Missing and Exploited Children received a report from Tumblr that suspected child pornography had been uploaded onto Folmer’s account. Folmer, according to charging documents, told law enforcement officers he had been dealing with personal problems and had received child pornography through his Tumblr blog.

Rhode Island – Lottery No-Bid Contract Roils Rhode Island Politics
The Hill – Reid Wilson | Published: 9/15/2019

A proposal to extend the Rhode Island Lottery’s contract with one of the state’s most significant employers is opening rifts between Democratic Party leaders as industry and watchdog groups cry foul. The state Legislature will hold a series of hearings that will likely shed light on the relationship between the state government and International Gaming Technology (IGT), one of the world’s largest gaming and lottery businesses, and the long process that led to a proposed no-bid contract that would mean hundreds of millions of dollars for the company. The contract has also bled into the political realm because IGT’s former chairperson, Donald Sweitzer, is the treasurer of the Democratic Governors Association (DGA), and a longtime political advisor to Rhode Island Gov. Gina Raimondo, who is chair of the DGA.

Texas – Texas Court Weighs Whether a 5-Year Sentence for Illegal Voting Is Legitimate or a ‘Threat to Democracy’
MSN – Deanna Paul (Washington Post) | Published: 9/11/2019

Crystal Mason was sentenced to five years in prison last year for voting illegally in the 2016 presidential election, a case that garnered national attention both for the severity of the sentence and as an illustration of Texas’s purported crackdown on voter fraud. An appeals court in the state recently weighed whether to overturn her conviction. Mason’s attorneys are arguing she cast a provisional ballot, which federal law permits, and if the state starts to criminalize this, it will undercut the entire system. They called Mason’s prosecution “a threat to democracy.”

Texas – To Rein in Cities, Texas Tries to Ban Their Lobbying
Pew Charitable Trusts – David Montgomery (Stateline) | Published: 9/17/2019

For weeks, local officials and lobbyists watched anxiously as a bill that would have severely restricted lobbying by cities, counties, and other local government entities advanced through the Texas Legislature. The bill died in the House days before the session ended. The legislation would not have affected salaried in-house government affairs employees who advocate for cities and counties. But it would have barred cities and counties from spending money on outside lobbyists. The measure is likely to return when the Legislature reconvenes in 2021, a stark illustration of the widening chasm between conservative state lawmakers and liberal city officials in Texas and many other states.

Texas – VisitDallas: Suite passes don’t have to be reported
Texas Monitor – Steve Miller | Published: 9/17/2019

Dallas’ beleaguered convention and visitors bureau now says the passes to its American Airlines Center suite the agency has given to two city council members since 2016 should not be considered gifts that need to be reported on financial disclosure forms. City Councilperson Casey Thomas, who failed to report six visits to the suite, has acknowledged he should have reported them and filed amended gift disclosures. A panel of the city’s ethics commission ruled a citizen complaint over Thomas’ failure to report the tickets will move forward to be heard by the full panel. A city ordinance requires elected officials to disclose all gifts worth more than $50 they receive from any entity that has a contract with the city. VisitDallas has no role in defining what constitutes a gift in that situation. After accepting the tickets, Thomas participated in council briefings over the future of VisitDallas.

Vermont – In Vermont, ‘Toothless Ethics Agency Serves No Purpose,’ Says New Report
VTDigger.org – Xander Landen | Published: 9/16/2019

Vermont is one of only three states with an independent ethics agency that has “limited or no power” to investigate state officials or impose sanctions, a new report said. The Coalition for Integrity, a nonprofit that promotes government transparency, found Massachusetts, Florida, and Minnesota have the strongest ethics commissions, while Vermont, Virginia, and Utah have the weakest. Vermont’s ethics commission, established in 2017, can review complaints, but does not have the power to investigate or impose sanctions. Commissions in other states can probe unethical behavior, impose fines, and in some cases, take legal action.  The coalition said a “toothless ethics agency serves no purpose.”

Washington – Tim Eyman Hit with New Sanctions, Ordered to Disclose Source of Nearly $800K in Donations
Seattle Times – David Gutman | Published: 9/13/2019

After spending more than 18 months refusing to disclose information about his finances and his business in the long-running campaign finance lawsuit against him, anti-tax activist Tim Eyman was hit with further sanctions as a Thurston County judge ruled he must disclose the source of nearly $800,000 in contributions he has collected since 2012. It is the latest in a series of setbacks for Eyman in an investigation that alleges his two-decade career as a serial initiative filer has coincided with a scheme to launder political donations through a complex web of political committees, businesses, and kickbacks to flout campaign finance laws and enrich himself.

Washington DC – Metro Inspector General to Investigate Jack Evans Ethics Probe at Congress’s Request
Washington Post – Robert McCartney | Published: 9/13/2019

The Washington Metropolitan Area Transit Authority’s (Metro) inspector general will investigate the agency’s ethics probe of former board Chairperson Jack Evans at the request of the U.S. House Oversight Committee. The inquiry is expected to look at evidence that Evans and former Metro board member Corbett Price sought to impede the investigation of Evans in the spring by the Metro board’s ethics committee. The probe by Metro Inspector General Geoffrey Cherrington adds yet another investigation to ones already underway into Evans. It appears to ensure that Price’s conduct also will get a closer look. The inquiries focus in part on whether Evans used official positions to help his personal legal and consulting business.

Wyoming – 307 Politics: Debating the merits of a Wyoming ethics commission, Cheney at war and other news
Casper Star Tribune – Nick Reynolds | Published: 9/16/2019

The Coalition for Integrity releases an annual “S.W.A.M.P. Index,” a comprehensive review of which state governments are most susceptible to foul play. The index analyzes how state ethics agencies implement their enforcement and sanctioning powers through enforcement statistics and a comparative scorecard, which ranks states and their ethics agencies “on the transparency and availability of information regarding their enforcement actions.” Wyoming does not make an appearance on the report, with the state standing as one of only five in the country lacking a proper ethics agency. Coalition for Integrity President Shruti Shah warns that patchwork methods of enforcement as in Wyoming can oftentimes be ineffective.

Wyoming – Unannounced Meeting with Lobbying Group Did Not Violate Open Meetings Law, Expert Says
Casper Star Tribune – Nick Reynolds | Published: 9/18/2019

An unannounced meeting between Wyoming lawmakers and a local special interest group held during the recess of a recent committee meeting did not violate any open meetings laws, an expert public records law said. Many who stumbled into the lunch recess of a meeting of the Joint Committee on Corporations, Elections, and Political Subdivisions were caught by surprise to see a quorum assembled and meeting with a special interest group that advocates for a private-sector approach to the housing market and the preservation of private property rights. However bad the optics were, the meeting was appropriate because members of the Wyoming Legislature are exempt from many facets of the law.

Campaign Finance

Maryland: “Maryland Political Consultant Pleads Guilty in Fraud Scheme Involving ‘Scam PACs’” by Martin Weil for Washington Post

Elections

Arizona: “Ballot Proposal Seeks to Block Lawmakers from Voting on Issues They Benefit From” by Howard Fischer (Capitol News Services) for Arizona Daily Star

Ethics

Mississippi: “Mississippi AG Investigates His Rival in Governor’s Race” by Reid Wilson for The Hill

Pennsylvania: “Pa. Sen. Folmer Resigns Day After Being Charged with Possession of Child Pornography” by Jan Murphy for PennLive

Texas: “VisitDallas: Suite passes don’t have to be reported” by Steve Miller for Texas Monitor

Wyoming: “307 Politics: Debating the merits of a Wyoming ethics commission, Cheney at war and other news” by Nick Reynolds for Casper Star Tribune

Lobbying

National: “Lobbyist Registry May Become Available This Week” by Giovanna Garolfalo for Weekly Journal

National: “Trump Outpaces Obama, Bush in Naming Ex-Lobbyists to Cabinet” by Richard Lardner for AP News

Oklahoma: “‘If We Lie to a Legislator, We Are Dead’: Oklahoma lobbyists form association” by Tres Savage for NonDoc

The Puerto Rico Department of Justice plans to launch its digital Lobbyist Registry platform this week to regulate interactions with government agencies.

The launch is pursuant to former Gov. Ricardo Rosselló’s executive order.

Executive Order 2019-031 provides that any person who carries out any lobbying activity before a government agency must register with the Lobbyists Registry and provide a sworn statement with the clients he or she represents before the Government of Puerto Rico.

Additionally, the lobbyist must disclose the businesses in which he or she has roles in either through shares or professional service contracts.

The executive order also calls for the creation of a transparency code prohibiting all executive branch cabinet members from participating in any type of meeting with any person who engages in lobbying and not registered in the Lobbyist Registry.

The California Legislature adjourned the 2019 session on September 13.

Campaign Finance Bills Passed

The legislature passed several campaign finance bills during the session.

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

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

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

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

Electioneering Bill Passed

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

Lobbying Bill Passed

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

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

Campaign Finance

New Jersey: “Murphy-Linked ‘Dark Money’ Group Reveals Donors” by David Levinsky for Burlington County Times

Washington: “Tim Eyman Hit with New Sanctions, Ordered to Disclose Source of Nearly $800K in Donations” by David Gutman for Seattle Times

Ethics

National: “Elaine Chao Investigated by House Panel for Possible Conflicts” by Eric Lipton and Michael Forsythe (New York Times) for ENM News

Michigan: “Former State Rep. Todd Courser Gets Probation in Case Related to 2015 Sex Scandal” by Julie Mack for MLive.com

New York: “8 Years of Trump Tax Returns Are Subpoenaed by Manhattan D.A.” by William Rashbaum and Ben Protess (New York Times) for MSN

Vermont: “In Vermont, ‘Toothless Ethics Agency Serves No Purpose,’ Says New Report” by Xander Landen for VTDigger.org

Lobbying

National: “Elizabeth Warren’s K Street Overhaul” by Kate Ackley for Roll Call

Texas: “To Rein in Cities, Texas Tries to Ban Their Lobbying” by David Montgomery (Stateline) for Pew Charitable Trusts

Campaign Finance

National: “Bid to Unmask Dark Money Donor Lands in DC Circuit” by Megan Mineiro for Courthouse News Service

National: “Andrew Yang Said He Would Give 10 People $1,000 Each Month. Is That Legal?” by Matt Stevens (New York Times) for MSN

Ethics

Delaware: “Supreme Court Says Judges Are Above Politics. It May Hear a Case Testing That View.” by Adam Liptak (New York Times) for ENM News

North Dakota: “North Dakota Ethics Commission Members Bring Broad Backgrounds to Board” by Jack Dura for Bismarck Tribune

Ohio: “Appearance of Conflict-of-Interest at Issue in Criminal Cases Involving Mayor Frank Jackson’s Grandson, Experts Say” by Adam Ferrise for Cleveland Plain Dealer

Rhode Island: “Lottery No-Bid Contract Roils Rhode Island Politics” by Reid Wilson for The Hill

Washington DC: “Metro Inspector General to Investigate Jack Evans Ethics Probe at Congress’s Request” by Robert McCartney for Washington Post

Lobbying

Illinois: “Ethics Board Levels $25K Fine on Political Consultant Recorded Allegedly Arranging Viagra, Sexual Services for Ex-Chicago Alderman” by Juan Perez Jr. and Jason Meisner for Chicago Tribune