November 20, 2020 •
News You Can Use Digest – November 20, 2020
![News You Can Use Digest – November 20, 2020](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal 6 Lawmakers in 5 Days: New COVID-19 infections put spotlight on Congress’ loose guidelines USA Today – Christal Hayes | Published: 11/18/2020 As rampant nationwide coronavirus spikes force states to reexamine reopening efforts, Congress is still struggling to maneuver around […]
National/Federal
6 Lawmakers in 5 Days: New COVID-19 infections put spotlight on Congress’ loose guidelines
USA Today – Christal Hayes | Published: 11/18/2020
As rampant nationwide coronavirus spikes force states to reexamine reopening efforts, Congress is still struggling to maneuver around the pandemic as it encroaches on legislative business and endangers its members. COVID-19 has loomed over Congress for much of the year, yet lawmakers are still bickering over wearing face masks and not social distancing. Congressional leaders have refused to make coronavirus testing mandatory for lawmakers traveling back and forth to their home states. A rash of recent cases has infected a handful of lawmakers and sent several others into quarantine all while the U.S. Capitol welcomed back more than 500 legislators in the House and Senate.
Biden’s IRS Could Finally Give Trump’s Tax Returns to Democrats
Politico – Brian Faler | Published: 11/16/2020
President Trump’s defeat will make it easier for Democrats to get his tax returns, and some prominent lawmakers plan to keep the heat on the incoming Biden administration and House leaders to deliver. Once Biden controls the Treasury Department, his administration could simply hand over the records to its allies in Congress, who have been fighting in court to force Trump to turn them over. But Biden is casting himself as a uniter and releasing the returns risks looking like a vindictive investigation of his predecessor. Yet, if Democrats were to suddenly say “never mind,” it would not only be an embarrassing about-face, it would also infuriate people such as U.S. Rep. Bill Pascrell, head of the Ways and Means Oversight Subcommittee.
Corporations and Foreign Nations Pivot to Lobby Biden
New York Times – Kenneth Vogel and Eric Lipton | Published: 11/17/2020
While Joe Biden has taken steps to demonstrate his distance from lobbyists, his presidency is being welcomed on K Street. Lobbyists and other advisers who help clients navigate Washington are highlighting ties to Biden and his team in pitches to prospective clients, while firms and interest groups that lack such ties are scrambling to secure them. Such connections are plentiful because aides and colleagues of Biden’s have been cycling between government and the influence industry going back to his 36 years in the Senate and his eight years as vice president. It is a far cry from four years ago, when Donald Trump swept into town with few connections to established gatekeepers and lobbyists.
Fewer Opportunities and a Changed Political Environment in the U.S. May Have Curbed Moscow’s Election Interference This Year, Analysts Say
MSN – Ellen Nakashima (Washington Post) | Published: 11/17/2020
Russia failed to mount any major hacking or disinformation operations to interfere in the presidential election, and the Kremlin’s hackers did not even attempt to target elections systems in the way they did in 2016, according to U.S. officials. Analysts said it is too early to know why, but they point to a variety of possible reasons. Those include cyber and other operations that helped keep the Russians at bay, harder targets at the state and local level, and a political climate in which Americans themselves were the largest purveyors if disinformation, dwarfing Moscow’s efforts to influence the campaign through social media and its propaganda channels.
GOP Shows Limited Appetite for Pursuing Biden Probes
The Hill – Alexander Bolton | Published: 11/15/2020
Republicans are showing little appetite for aggressively pursuing investigations into President-elect Joe Biden and his son Hunter Biden if they keep their U.S. Senate majority in 2021. Sens. Charles Grassley and Ron Johnson, who led a joint investigation of Hunter Biden this year, are signaling they will take a tough stance on the incoming administration. But other GOP senators are taking a wait-and-see approach. One of the considerations among Republicans is a desire by some to lower the partisan temperature and possibly explore common ground with Democrats.
NASA Official Asked Boeing If It Would Protest a Major Contract It Lost. Instead, Boeing Resubmitted Its Bid
MSN – Christian Davenport (Washington Post) | Published: 11/17/2020
Boeing’s bid to build a spacecraft capable of flying astronauts to the moon did not meet NASA’s requirements, and the company was going to lose out on a contract worth hundreds of millions of dollars. But NASA was worried Boeing would protest the contract award, potentially holding it up for months at a time when the space agency was trying to meet a White House mandate to get astronauts to the lunar surface by 2024. in February, Doug Loverro, then the head of NASA’s human exploration directorate, called Jim Chilton, the senior vice president of Boeing’s space and launch division, to explain the company was going to lose the contract and to inquire whether it would file a challenge. That call occurred during a period when the agency was to have no contact with any of the bidders.
Palazzo’s Campaign Spending Under Investigation. ‘What We Saw Was Outrageous,’ Rival Says
Biloxi Sun Herald – Margaret Baker and Anita Lee | Published: 11/13/2020
U.S. Rep. Steven Palazzo is being investigated by the Office of Congressional Ethics (OCE) for allegedly using campaign funds to pay expenses associated with a farm he used to own. The Campaign Legal Center filed a complaint asking the OCE to investigate Palazzo’s campaign spending. It centered on campaign expenditures to rent a farm and to pay an accounting firm Palazzo founded and is now run by his former wife. Palazzo’s campaign spent $60,000 to rent a farm he owned from 2018 to 2019, the complaint said. The farm is located more than 30 miles from his campaign committee.
Pelosi, Democrats Renew Push to Overhaul Election, Campaign Finance Laws
Roll Call – Kate Ackley | Published: 11/16/2020
House Speaker Nancy Pelosi said she would press ahead early next year with a campaign finance and elections overhaul, even as the measure may face the same Senate fate it did this Congress: doom. Even though the Senate majority for the 117th Congress hinges on two runoff elections in Georgia, Democrats and their outside allies said they would still push for the measure, spotlighting Senate Majority Leader Mitch McConnell’s resistance.
Senior Justice Dept. Official Stalled Probe Against Former Interior Secretary Ryan Zinke, Sources Say
MSN – Juliet Eilperin and Matt Zapotosky (Washington Post) | Published: 11/12/2020
Deputy Attorney General Jeffrey Rosen deferred a bid from line prosecutors to move forward with possible criminal charges against former Interior Department Secretary Ryan Zinke, saying they needed to gather more evidence and refine the case, according to people familiar with the matter. The move last year by Rosen, an appointee of President Trump, angered some career prosecutors and has delayed for months the release of an Interior Department inspector general’s report. At issue is whether Zinke made false statements to investigators who were looking into his decision not to grant a petition by two Indian tribes to operate a commercial casino off reservation land in East Windsor, Connecticut.
Trump Fires Top DHS Official Who Refuted His Claims That the Election Was Rigged
MSN – Ellen Nakashima and Nick Miroff (Washington Post) | Published: 11/17/2020
President Trump fired a top Department of Homeland Security official who led the agency’s efforts to help secure the election and was vocal about tamping down unfounded claims of ballot fraud. Trump fired Christopher Krebs, who headed the Cybersecurity and Infrastructure Security Agency and led successful efforts to help state and local election offices protect their systems and to rebut misinformation. Krebs in a tweet refuted allegations that election systems were manipulated, saying “59 election security experts all agree, ‘in every case of which we are aware, these claims either have been unsubstantiated or are technically incoherent.'” Krebs’s statement amounted to a debunking of Trump’s central claim that the November election was stolen.
Watchdogs Urge Transparency as Executives from Powerful DC Firm Floated for Biden Administration
ABC News – Matthew Mosk and Mike Devine | Published: 11/12/2020
As speculation swirls over who President-elect Joe Biden will tap for top posts at intelligence and national security agencies, a number of names being publicly floated come from a Washington, D.C.-based firm packed with Obama-era powerbrokers. The company, WestExec Advisors, describes itself as a “strategic advisory firm” that helps private businesses navigate potential challenges around the world, including international laws, “geopolitical trends,” and “changes in Washington and in other capitals.” Unlike lobbying firms, which are usually required to disclose to the names of clients and government agencies they contact, WestExec falls into a different category of company, allowing it to operate with far less transparency.
With Trench Warfare Deepening, Parties Face Unsettled Electoral Map
New York Times – Jonathan Martin and Alexander Burns | Published: 11/15/2020
America’s two major parties had hoped the 2020 presidential election would render a decisive judgment on the country’s political trajectory. But after a race that broke records for voter turnout and campaign spending, neither Democrats nor Republicans have achieved a dominant upper hand. Instead, the election delivered a split decision, ousting President Trump but narrowing the Democratic majority in the House and perhaps preserving the Republican majority in the Senate. As Joe Biden prepares to take office and preside over a closely divided government, leaders in both camps are acknowledging voters seem to have issued not a mandate for the left or the right but a muddled plea to move on from Trump-style chaos.
Canada
Canada – Fitzgibbon Is the First Cabinet Minister to Be Reprimanded by National Assembly
Montreal Gazette – Jocelyne Richer | Published: 11/12/2020
Quebec Economy Minister Pierre Fitzgibbon became the first provincial minister to be reprimanded by the National Assembly. While he maintains he did nothing wrong, Fitzgibbon will have to live with the unanimous vote for the rest of his political career. An investigation by concluded Fitzgibbon placed himself in a situation where his personal interest could influence his independence and judgment as a cabinet minister because of his close friendship with businessperson and lobbyist Luc Laperrière. The report criticized Fitzgibbon for allowing Laperrière privileged access to him while the latter was promoting three business dossiers being handled by Fitzgibbon’s ministry.
From the States and Municipalities
Alaska – Voters Approve Alaska Ballot Measure 2 Which Adopts Top-Four Primaries, Ranked-Choice General Elections
Ballotpedia News – Ryan Byrne | Published: 11/18/2020
Ballot Measure 2 was approved by Alaska voters. It makes several changes to election policies, including: replacing partisan primaries with open top-four primaries for state executive, state legislative, and congressional offices; establishing ranked-choice voting for general elections, including the presidential election, in which voters can rank the candidates; and requiring persons and entities that contribute more than $2,000 that were derived from donations, contributions, dues, or gifts to disclose the true sources of the money.
California – California Lawmakers Head to Maui with Lobbyists Despite Pandemic, Travel Warnings
Politico – Katy Murphy | Published: 11/16/2020
The coronavirus pandemic did not derail an annual gathering of lobbyists and California lawmakers on the shores of Maui that brought people from across the country to a luxury resort. Roughly 100 people from four states converged at the Fairmont Kea Lani for a four-day legislative conference organized by the Independent Voter Project, said the group’s executive director, Dan Howle. The 18th annual event was a third of its regular size, Howle said, but it still drew nearly 20 lawmakers from California, Texas, and Washington state. The theme was how to reopen states’ economies amid the public health crisis.
California – Former Consultant for California High-Speed Rail Project Is Cleared of Ethics Violations
Yahoo News – Ralph Vartabedian | Published: 11/12/2020
The Fair Political Practices Commission investigation into the top consultant working on the California bullet train last year found he did not violate state law, following allegations he was among those who approved a contract modification for a company in which he held stock. The probe found Roy Hill, formerly the top official at the state’s main consulting firm, WSP, did not violate state laws for conflicts-of-interest. Hill was deputy chief operating officer for the project. The matter involved allegations Hill signed a $51-million change order for the construction team led by the Spanish firm Dragados. It happened in the same year he may have owned more than $100,000 of stock in Jacobs Engineering, which is part of the Dragados team.
California – Newsom’s Cozy Ties with Top Lobbyist Showcased by French Laundry Dinner Party
Politico – Jeremy White and Debra Kahn | Published: 11/16/2020
California Gov. Gavin Newsom is being criticized for his decision to attend a celebration for political operative Jason Kinney at the French Laundry in Napa County. After the private dinner was reported, Newsom said while the outdoor meal did not violate coronavirus restrictions, he showed poor judgment in attending. The meal also cast a brighter spotlight on Kinney and the dual clout he wields in the insular world of California politics. Kinney is not the first operative to blur the line between politics and policy. The doors between campaigns, administrations, and Sacramento’s lobbying corps have long swung open for people with contacts and experience to leverage.
Florida – State Investigating Mysterious Candidate Who Swayed Tight Florida Senate Race
Tampa Bay Times – Samantha Gross and Ana Ceballos | Published: 11/17/2020
The razor-thin victory that delivered Ileana Garcia to the Florida Senate and ousted Democrat José Javier Rodríguez continues to raise eyebrows for one reason: a mysterious third candidate named Alex Rodriguez. A one-time mechanic with no history in local politics, Alex Rodriguez never started a campaign website, attended no candidate forums, and received no donations, save for a $2,000 loan from himself. Mailers pitching his name sent to voters in the Coral Gables area were sent by a shadowy political group that, so far, has been untraceable. When a television reporter recently tracked Alex Rodriguez down, he pretended to be someone else.
Georgia – Ga. Secretary of State Says Fellow Republicans Are Pressuring Him to Find Ways to Exclude Ballots
MSN – Amy Gardner (Washington Post) | Published: 11/16/2020
Georgia Secretary of State Brad Raffensperger said he has come under increasing pressure from fellow Republicans, including U.S. Sen. Lindsey Graham, who he said questioned the validity of legally cast absentee ballots, in an effort to reverse President Trump’s narrow loss in the state. Raffensperger expressed exasperation over a string of baseless allegations coming from Trump and his allies about the integrity of the Georgia results, including claims that Dominion Voting Systems, the manufacturer of Georgia’s voting machines, is a “leftist” company with ties to Venezuela that engineered thousands of Trump votes to be left out of the count.
Illinois – City Council Divided Over Changing Naperville’s Campaign Finance Disclosure Rules
Chicago Tribune – Suzanne Baker (Naperville Sun) | Published: 11/18/2020
Proposed changes to the Naperville campaign ethics regulations to include finance disclosures for city council members raised as many questions as it did support. Council member Theresa Sullivan originally sought to amend the city’s ethics code to require council members and the mayor to recuse themselves from voting on any agenda item if the petitioner, or a representative of the petitioner, donated more than $500 to their most recent campaign. Sullivan said she has since realized a mandatory recusal opens the door to more unintended consequences than she anticipated. Instead, Sullivan said she supports an option where council members must announce any campaign donation of $500 or more before voting on any pertinent issue where a donor was either a petitioner or opponent.
Illinois – Feds Charge Former Top ComEd Executives, Lobbyists in Springfield Corruption Case
WBEZ – Dan Milhalopoulos, Dave McKinney, and Tony Arnold | Published: 11/18/2020
Federal prosecutors marched deeper into Illinois House Speaker Michael Madigan’s inner circle, charging longtime confidant Michael McClain and former Commonwealth Edison (ComEd) Chief Executive Officer Anne Pramaggiore in a bribery scheme designed to curry favor with the powerful speaker. Also charged are ex-ComEd lobbyist John Hooker and Jay Doherty, the former president of the City Club of Chicago, who was accused of helping to funnel hundreds of thousands of dollars to three people with ties to Madigan. ComEd admitted in July to an effort to win Madigan’s favor for rate increases and other legislation by funneling consulting payments to his allies for doing little or no work for the utility.
Louisiana – After IG’s Ouster, Stronger Whistleblower Laws Considered by New Orleans Ethics Review Board
Nola.com – Jeff Adelson | Published: 11/17/2020
The ouster of New Orleans’ inspector general could spark a move for more expansive whistleblower protection laws or more detailed oversight of that office, city council members were told. Following allegations of rampant absenteeism against Inspector General Derry Harper and reports he warned staff against taking their concerns over his head, Ethics Review Board Chairperson Michael Cowan said efforts were underway to tighten the reins. The potential challenge, he said, would be balancing greater oversight of the watchdog office with the need for it to remain independent of political influence.
Maine – Ethics Commission to Review Records of Maine Legislative ‘Leadership PACs’
Portland Press Herald – Kevin Miller | Published: 11/18/2020
The Maine ethics commission will review the finances of 15 so-called leadership PACs run by state lawmakers to ensure the groups are keeping accurate records and not violating state laws prohibiting personal use of PAC money. Members of the Commission on Governmental Ethics and Election Practices stressed the reviews were being conducted “without any suggestion of impropriety.” But they also acknowledged the structure of “leadership PACs” – political action committees set up by legislators to raise and spend money – means there may be fewer “checks and balances” than in larger organizations.
Michigan – Trump Coronavirus Adviser Tells Michigan to ‘Rise Up’ Against New Shutdown Orders
MSN – Katie Shepherd (Washington Post) | Published: 11/15/2020
Michigan Gov. Gretchen Whitmer closing colleges, high schools, workplaces, and in-person dining for three weeks as coronavirus cases have spiked. After she appealed to the Trump administration to intervene in the pandemic, White House coronavirus adviser Scott Atlas responded with a call to action. But instead of supporting Whitmer’s efforts to slow the spread of the virus in Michigan, he urged residents to reject the state’s public health guidelines. “The only way this stops is if people rise up,” Atlas said in a tweet, which quoted a reporter who had shared information about Whitmer’s new restrictions. Critics condemned the rhetoric, which mirrored President Trump’s statements that correlated “tyranny” with the restrictions put in place previously by Whitmer, who was the target of an alleged kidnap plot that was thwarted.
Michigan – U.S. Attorney Sought Records from Joan Jackson Johnson’s Charity; City Must Repay $234K in HUD Grants
Lansing State Journal – Sarah Lehr | Published: 11/13/2020
Federal prosecutors requested records from One Church One Family, a private charity formerly managed by Joan Jackson Johnson. Meanwhile, Lansing is preparing to repay $233,710 in federal grant money the U.S. Department of Housing and Urban Development concluded the city mismanaged during Jackson Johnson’s tenure as director of Human Relations and Community Services. Jackson Johnson retired in February after an external audit found she mismanaged city money and may have sought to “conceal” conflicts-of-interest by not properly disclosing them.
Michigan – Wayne County Republican Who Asked to ‘Rescind’ Her Vote Certifying Election Results Says Trump Called Her
MSN – Tom Hamburger, Kayla Ruble, and Tim Elfrink (Washington Post) | Published: 11/19/2020
President Trump called a Republican canvassing board member in Wayne County who announced she wanted to rescind her decision to certify the results of the presidential election. “I did receive a call from President Trump, late Tuesday evening, after the meeting,” Monica Palmer, one of two GOP members of the four-member board. “He was checking in to make sure I was safe after hearing the threats and doxing that had occurred.” The call came after an hours-long meeting in which the canvassing board voted to certify the results of the November 3 election, a key step toward finalizing President-elect Joe Biden’s victory in the state. The state said Palmer’s board has done its job and cannot retract its votes.
Missouri – Failure to Pay Ethics Fine Could Cost Bruce Franks About $75,000
St. Louis Post-Dispatch – Joe Hollerman | Published: 11/16/2020
After not making a payment in 10 months on a negotiated $14,000 fine, the Missouri Ethics Commission now contends that former state Rep. Bruce Franks Jr. owes more than $89,000. The state filed suit against Franks, saying he has not made a payment on the lower fine that was negotiated last year. The suit says Franks’ failure to make a payment on the agreed-upon amount now causes the remaining $75,000 of the fine to be restored.
Nevada – Former Tourism Exec Strikes Ethics Deal in Misuse of Gift Cards
Las Vegas Review-Journal – Jeff German | Published: 11/13/2020
Brig Lawson, a former executive with the Las Vegas Convention and Visitors Authority, agreed to pay $13,881 in state ethics fines for using agency-bought airline gift cards on personal travel. Lawson also will pay another $8,881 fine the Nevada Ethics Commission said is twice the value of the Southwest Airlines gift cards he and his domestic partner and his partner’s parents used for personal trips.
New Mexico – Modest Sunshine Still Leaves Campaign Cash in Shadow
New Mexico In Depth – Sara Swann (The Fulcrum) and Bryan Metzger | Published: 11/18/2020
What is happening in New Mexico illustrates that improving the transparency of how campaigns are financed can be done, but making progress often requires incremental steps that take a lot of time. It is an example of what states across the country must grapple with when they seek to slow the influence of money over their own politics, at a time when federal regulation of presidential and congressional elections has shriveled. Money still floats through the state’s elections while remaining out of public view because a new law did not strengthen donor disclosure requirements for PACs.
New York – After Cuomo Book Approval, Ethics Commissioners Quash Greater Scrutiny
The Telegraph – Chris Bragg (Albany Times Union) | Published: 11/17/2020
Staff for the New York Joint Commission on Public Ethics (JCOPE) has long issued informal advisory opinions to public officials seeking advice about how to conduct themselves properly under state ethics and lobbying laws. In 2012, commissioners passed a resolution allowing staff to do that work between meetings. At the same time, state law requires JCOPE to engage in a formal process: approving or disapproving requests by state employees to earn over $5,000 in outside income. In practice, JCOPE’s informal advisory opinions have become conflated with the formal approval process. Staff has used the opinion letters to approve or disapprove the formal requests to earn income, even though nothing in the resolution passed by commissioners granted staff that authority.
New York – Despite State Law, Democrats’ Seats on Ethics Panel Remain Vacant
Albany Times Union – Chris Bragg | Published: 11/16/2020
The New York Joint Commission on Public Ethics (JCOPE) has been short two commissioners for more than a year, due to Assembly Speaker Carl Heastie and Senate Majority Leader Andrea Stewart-Cousins not following that law that a commissioner must be replaced within 30 days by the government leader responsible for making that appointment. Gov. Andrew Cuomo appoints six commissioners, three Republicans and three Democrats. Among Republican lawmakers, Senate Minority Leader Robert Ortt has three picks and Assembly Minority Leader Will Barclay has one. Senate Democratic spokesperson Mike Murphy said JCOPE has “well-documented problems which make it hard to find people that would want to serve.”
Ohio – FBI Searches Public Utilities Commission of Ohio Chairman Sam Randazzo’s Home
Cleveland Plain Dealer – Jeremy Pelzer and Andrew Tobias | Published: 11/16/2020
FBI agents searched a home owned by Sam Randazzo, chairperson of the Public Utilities Commission of Ohio (PUCO). An FBI spokesperson declined to provide details about why the home was searched. The PUCO chair is one of the most powerful positions in state government, wielding influence on matters regarding the regulation of utilities in the state to include profits and rates charged to customers. The search comes after the FBI arrested then- House Speaker Larry Householder and four others in connection to a $60 million bribery scheme allegedly funded by FirstEnergy, which was seeking a $1 billion legislative bailout for its two nuclear power plants in the state.
Ohio – How FBI Agents Posed as Cincinnati Hotel Developers to Catch Suspects in 2 Ohio Bribery Scandals
MSN – Jessie Balmert (Cincinnati Enquirer) | Published: 11/12/2020
Lobbyist Neil Clark did not realize, while chatting with hotel developer clients after a Cincinnati Reds game, that he was talking with undercover FBI agents working to uncover two bribery schemes. The first was against Cincinnati City Councilperson Jeff Pator, who is accused of accepting bribes in exchange for his vote on development projects. The second was against Clark, former Ohio House Speaker Larry Householder, and three others. They are accused of orchestrating a nearly $61 million bribery scheme to seize control of the House, pass a bailout for nuclear plants, and defend those subsidies against a ballot initiative. Those two apparently unconnected, widespread bribery investigations converged in Cincinnati.
Ohio – Sundermann, Landsman Propose Reforms After 2 Council Members Accused of Taking Bribes
MSN – Jennifer Edwards Baker (WXIX) | Published: 11/16/2020
Cincinnati City Councilmembers Greg Landsman and Betsy Sundermann separately announced a series of proposed City Hall reforms, including a charter amendment that would allow for recall of people in office and a creating a city Ethics Commission. The announcements come on the heels of two councilmembers, Tamaya Dennard and Jeff Pastor, being arrested on charges that allege “pay-to-play” schemes. Pastor was accused of taking $55,000 in bribes, allegation he has vowed to fight. Dennard, who has resigned, was arrested after she promised a developer she would vote for a development project in exchange for $15,000.
Pennsylvania – Pennsylvania Supreme Court Rejects Complaints About Philadelphia Election Observations
Politico – Zach Montellaro and Josh Gerstein | Published: 11/17/2020
The Pennsylvania Supreme Court ruled observers’ rights to watch ballot counting was sufficient in Philadelphia, rejecting a claim from President Trump’s campaign that poll observers did not get “meaningful access.” The Trump campaign argued observers were stationed too far away to see the process of counting votes, and a lower court initially agreed with them, ordering that they be allowed closer to the process. The state Supreme Court, which had previously rejected other Republican arguments, vacated that lower court order.
Pennsylvania – Top Pa. Senator’s Campaign Revives Lawsuit Against Journalists Over Public Records Fees
PennLive – Mike Wereschagin (The Caucus) | Published: 11/12/2020
The campaign of Senate President Pro Tempore Joe Scarnati renewed its lawsuit against a Spotlight PA journalist and others, asking the Jefferson County Court of Common Pleas to overturn a lower court’s dismissal of the case. Scarnati’s campaign sued The Caucus, Caucus Bureau Chief Brad Bumsted, and Spotlight PA reporter Angela Couloumbis for $5,070. The suit claims they owe an accounting firm the money for producing public records that documented questionable spending by Scarnati’s campaign. The campaign also wants $1,000 for attorney fees and court costs. A judge ruled Scarnati’s campaign should pay the accounting firm.
Tennessee – Nashville Council Members Call for Ethics Review of Actions by Colleague Robert Swope
The Tennessean – Yihyng Jeong | Published: 11/16/2020
Council members are calling for an ethics review of Metro Council member Robert Swope’s conduct after recent reports say he tried to steer government contracts to his company. A letter has circulated gauging interest among council members in asking Swope to seek an advisory opinion from the Metro Board of Ethical Conduct. The concerns follow news reports that uncovered emails showing Swopes last year tried to get city contracts Intelligent Transit and also attempted to initiate a loan proposal to lend Metro $500 million from a company he is affiliated with, in exchange for ownership of some future city infrastructure.
Texas – FBI Is Investigating Texas Attorney General Ken Paxton, AP Report Says
Texas Tribune – Emma Platoff | Published: 11/17/2020
The FBI is investigating Texas Attorney General Ken Paxton, the Associated Press reported, vetting allegations made by eight of Paxton’s former top aides that he illegally used the power of his office to benefit a political donor. Sources said the bureau was examining claims made by the whistleblowers that Paxton broke the law by intervening several times in legal matters involving Nate Paul, a real estate investor and friend who donated $25,000 to Paxton’s campaign in 2018. Aides told authorities they believed Paxton had committed crimes as part of his relationship with Paul, citing bribery and abuse of office. Since then, four aides have been fired, three have resigned, and one has been placed on leave, sparking a whistleblower lawsuit.
Virginia – Charges Dismissed Against State Sen. Louise Lucas in Vandalism of Portsmouth’s Confederate Monument
Virginian-Pilot – Margaret Matray | Published: 11/16/2020
A judge dismissed charges against Virginia Sen. Louise Lucas and all others charged in a June protest at Portsmouth’s Confederate monument at the request of the city’s top prosecutor, who said the elements of the charges were not properly met. The felony charges against Lucas and 18 others – including local NAACP leaders, several public defenders, and a school board member –stem from a protest and vandalism at the city’s Confederate monument. Activists and Democrats questioned the timing of the charges, which came a day before a General Assembly special session. Lucas, a veteran Democratic legislator, has been an outspoken advocate for police reform.
Washington – After Years of Preamble, Tim Eyman’s Trial Begins. Could It Mean the End of His Initiatives?
Wenatchee World – David Gutman (Seattle Times) | Published: 11/16/2020
Tim Eyman has spent decades running initiatives to lower taxes and advance conservative policies in Washington. He now stands accused of laundering political donations to enrich himself, accepting kickbacks from a signature-gathering firm, and a years-long refusal to comply with campaign finance laws. State Attorney General Bob Ferguson, whose 2017 lawsuit precipitated the civil trial, seeks millions of dollars in damages and hopes to permanently bar Eyman from accepting money on behalf of any political committee or handling their finances. Eyman has personally received and concealed more than $1 million, Ferguson says.
West Virginia – W.Va. Lobbyist Puccio Crosses Political Streams to Advise Democrat Manchin, Republican Justice
West Virginia MetroNews – Brad McElhinny | Published: 11/15/2020
Larry Puccio has been walking a political tightrope. His path crosses influence, access, politics, loyalty, friendship, and no small degree of personal finance against the backdrop of a West Virginia that is transitioning from longtime Democratic dominance toward Republican power. He is a lobbyist, former state Democratic Party chairperson, and ex-chief of staff for U.S. Sen. Joe Manchin when he was governor. But this political season, Puccio pushed for the re-election of Gov. Jim Justice, a Republican who first won office as a Democrat.
November 13, 2020 •
News You Can Use Digest – November 13, 2020
![News You Can Use Digest – November 13, 2020](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal Biden’s DOJ Must Determine Whether Trump Should Be Prosecuted Bloomberg Law – David Yaffe-Bellany and Billy House | Published: 11/9/2020 Joe Biden won the presidency promising to bring Americans together. But now his administration is sure to come under pressure […]
National/Federal
Biden’s DOJ Must Determine Whether Trump Should Be Prosecuted
Bloomberg Law – David Yaffe-Bellany and Billy House | Published: 11/9/2020
Joe Biden won the presidency promising to bring Americans together. But now his administration is sure to come under pressure from some Democrats to risk exacerbating divisions by investigating and prosecuting President Trump. Although Biden has said prosecuting a former president would be a “very unusual thing and probably not very good for democracy,” he also vowed in an NPR interview in August that he would not “interfere with the Justice Department’s judgment of whether or not they think they should pursue the prosecution of anyone that they think has violated the law.”
Bipartisan Super PAC Protest Gives Up the Ghost at High Court
Courthouse News Service – Jack Rodgers | Published: 11/9/2020
The U.S. Supreme Court declined to hear a lawsuit from congressional Democrats challenging the legality of super PACs, which can raise and spend unlimited amounts of money in support of candidates. The lawmakers’ case challenged an appeals court decision from 2010 that eliminated any financial contribution limits to PACs that are not affiliated with a candidate or party. They argued there is little sense in capping individual contributions to candidates while allowing independent groups to raise as much as they want in support of candidates.
Echoing Trump, Congressional Candidates Refuse to Concede, Make Unproven Fraud Claims
MSN – Teo Armus (Washington Post) | Published: 11/10/2020
Errol Webber was never expected to have much of a chance at winning his race for Congress. The Republican had challenged a popular incumbent, U.S. Rep. Karen Bass in a deep-blue swath of Los Angeles, so it was no surprise returns showed him losing by more than 72 percentage points. But that did not stop Webber from questioning the results in California’s 37th Congressional District. “I’m going to the Los Angeles County Registrar’s Office in Norwalk today to audit the vote counting procedures,” Webber wrote. As President Trump makes unfounded allegations of voting fraud and demands a recount in the presidential election, his rhetoric and unwillingness to concede appear to be trickling down the ballot.
Fighting Election Results, Trump Employs a New Weapon: The government
New York Times – Peter Baker and Lara Jakes | Published: 11/10/2020
President Trump, facing the prospect of leaving the White House in defeat, is harnessing the power of the federal government to resist the results of an election he lost, something that no sitting president has done in American history. The standoff left the U.S. in the position of the kind of country whose weak democratic processes it often criticizes. Rather than congratulating Biden and inviting him to the White House, as his predecessors traditionally have done after an election changed party control, Trump has been marshaling his administration and pressuring his Republican allies into acting as if the outcome were still uncertain, either out of faint hope of actually overturning the results or at least creating a narrative to explain his loss.
Growing Discomfort at Law Firms Representing Trump in Election Lawsuits
New York Times – Jessica Silver-Greenberg, Rachel Abrams, and David Enrich | Published: 11/9/2020
Jones Day is the most prominent firm representing President Trump and the Republican Party as they prepare to wage a legal war challenging the results of the election. The work is intensifying concerns inside the firm about the propriety and wisdom of working for Trump, according to lawyers at the firm. Some senior lawyers at Jones Day are worried it is advancing arguments that lack evidence and may be helping Trump and his allies undermine the integrity of American elections. At another large firm, Porter Wright Morris & Arthur, lawyers have held internal meetings to voice similar concerns about their firm’s election-related work for Trump and the GOP. At least one lawyer quit in protest.
Harris’ Husband, Doug Emhoff, Poised to Break Stereotypes
Associated Press News – Kathleen Roynane | Published: 11/11/2020
Doug Emhoff, the husband of Vice President-elect Kamala Harris, will leave his private law practice by Inauguration Day to focus on his role at the White House. “We’ve been waiting for this sort of gender switch for decades now,” said Kim Nalder, a political science professor who has focused on women and gender. Emhoff’s decision to cut ties with DLA Piper also offered an early test of how a Biden administration would avoid potential ethical issues. While Emhoff is not a lobbyist, the firm has a large presence lobbying the federal government on behalf of clients including Comcast, Raytheon, and the government of Puerto Rico. He took a leave of absence from the firm in August when Biden chose Harris as his running mate.
Job-Seeking Trump Officials Likely to Get Chilly Reception on K Street
The Hill – Alex Gangitano | Published: 11/9/2020
White House aides and other administration officials looking to pivot to lobbying following President Trump’s defeat are likely to get a cool reception on K Street. Most lobbying firms are not eager to snatch up Trump staffers, since in the eyes of employers they carry more risk than reward, several veteran lobbyists said. The job market will be even more difficult for younger aides with little previous experience. One lobbyist said Trump aides need something other than the 45th president on their resumes.
K Street Not Waiting for Trump to Concede the Presidential Race
Roll Call – Kate Ackley | Published: 11/10/2020
Even as President Trump balked at conceding the election, lobbying interests that span the political and policy spectrum began to publicly congratulate President-elect Joe Biden and Vice President-elect Kamala Harris as soon as The Associated Press and television networks projected their victory. Not only that, business groups and other K Street interests have begun to reach out to the incoming Biden administration on policy and personnel matters, seeking to shape the agenda of the coming years. Still, even as the nation’s lobbying sector works to influence the incoming Biden administration, it is not clear how receptive the transition, or the new administration, might be to the perspectives of K Street.
Kamala Harris, Daughter of Jamaican and Indian Immigrants, Elected Nation’s First Female Vice President
MSN – Chelsea Janes (Washington Post) | Published: 11/7/2020
A vice president-elect stepped forward and, for the first time in American history, it was not a man. Kamala Harris, a daughter of Indian and Jamaican immigrants, is set to become the highest-ranking woman in the nation’s 244-year existence, as well as a high-profile representation of the country’s increasingly diverse composition. Harris’s victory comes 55 years after the Voting Rights Act abolished laws that disenfranchised Black Americans, 36 years after the first woman ran on a presidential ticket and four years after Democrats were devastated by the defeat of Hillary Clinton, the only woman to win the presidential nomination of a major party. Harris emerged in all white, a nod to the uniform of the suffragists who fought to enfranchise women 100 years ago, an embodiment of what was once just a dream for so many.
Less Travel, More Zoom: Some COVID-19 campaign changes may endure
Roll Call – Kate Ackley | Published: 11/9/2020
COVID-19 upended campaigning as we knew it: candidates, realizing it was taboo to cuddle babies or shake hands during a pandemic, moved to Zoom events to woo voters. Donors shifted from mingling at the hors d’oeuvres buffet to getting takeout and sipping cocktails in front of their screens. The rapid explosion in digital donating and get-out-the-vote efforts are likely to remain, particularly among Democratic candidates. The ease of traversing the country from the comforts of home will be hard to give up entirely, even though candidates and consultants from both parties say they do still crave and will again embrace the in-person, human interaction of retail politics on the trail.
‘My Faith Is Shaken’: The QAnon conspiracy theory faces a post-Trump identity crisis
MSN – Drew Harwell and Craig Timberg (Washington Post) | Published: 11/10/2020
The “Q” of the infamous QAnon conspiracy theory has gone quiet before. But the abrupt lack of posts from Q since Election Day, which the anonymous figure had touted for months as a key moment of reckoning, has sparked speculation and alarm among the movement’s most ardent followers. President Trump’s election loss and the week-long disappearance of their unnamed prophet have wrenched some QAnon believers into a crisis of faith, with factions voicing unease about their future or rallying others to stay calm and “trust the plan.” Some QAnon proponents have begun to publicly grapple with reality and question whether the conspiracy theory is a hoax. “Have we all been conned?” one user wrote on 8kun.
Pressure Mounts on State Republicans as Lawsuits Challenging Election Results Founder
Washington Post – Elise Viebeck, Tom Hamburger, John Swain, and Emma Brown | Published: 11/11/2020
Pressure mounted on state and local officials in battleground states to accept claims of ballot-counting irregularities and voter fraud in the election despite a lack of evidence, as Republicans sought new ways to block certification of Joe Biden’s clear victory in the presidential race. The efforts in Michigan, Pennsylvania, and Georgia these states – where Biden has won or is leading in the count – come as the Trump campaign struggles to amass genuine evidence of fraud that will pass muster in court. Republican lawsuits seeking to challenge the election results so far have foundered, and affidavits cited as proof of election fraud in cities such as Detroit have failed to substantiate serious claims that votes were counted illegally.
QAnon Goes to Washington: Two supporters win seats in Congress
Roll Call – Katherine Tully-McManus | Published: 11/5/2020
QAnon is heading to Congress, as Marjorie Taylor Greene, a supporter of the baseless and complicated pro-President Trump conspiracy theory, won a House seat in Georgia, and Lauren Boebert claimed a House seat in Colorado. While those wins are the first by Republican candidates who publicly backed the wide-ranging delusion centered on allegations of a “deep state’ undermining Trump and liberals trafficking children, they will join a GOP conference that may already host some “Q-curious” members.
Record Number of House GOP Women Just One of Many ‘Firsts’ for 117th Congress
Roll Call – Katherine Tully-McManus | Published: 11/12/2020
Republicans will have at least 26 women in the House, the most they have ever had and more than double what they have now, when the 117th Congress convenes in January. That figure, which grew by two when races in California and Texas were called for Michelle Steel and Beth Van Duyne, could still grow further, with GOP women leading in four of the 15 races still uncalled. The change to the gender composition of the House GOP is just one of many coming to the next Congress, which will also blaze trails on race, sexual orientation, and age.
‘Stop the Steal’ Supporters, Restrained by Facebook, Turn to Parler to Peddle False Election Claims
Boston Globe – Elizabeth Dwoskin and Rachel Lerman (Washington Post) | Published: 11/10/2020
As President Trump and his allies continue to contest Joe Biden’s victory, social media has become central to sustaining efforts to delegitimize the results. Yet those campaigns are resulting in the most high-stakes cat-and-mouse game for Facebook and other social media companies to date. The companies are banning groups and hashtags, altering search results, labeling posts, down-ranking problematic content, and implementing a host of measures to ward off misinformation. One sign of the impact of these actions is the renewed interest in Parler. The app has a free-speech doctrine and has become a haven for groups and individuals kicked off Facebook. Parlor now boasts 7.6 million user accounts compared with 4.5 million about a week ago, said Chief Operating Officer Jeffrey Wernick.
Trump Solicits ‘Election Defense’ Donations That Also Finance His New Leadership PAC
MSN – Michelle Ye Hee Lee (Washington Post) | Published: 11/11/2020
President Trump’s supporters have been peppered with texts and emails asking for donations to support legal battles contesting his loss to Joe Biden. But details in the fine print show a small portion of the contributions would go toward these “election defense” funds to support recounts and lawsuits in several swing states. The majority of each donation goes to a PAC called Save America, which Trump set up in recent days and will allow him to support candidates and maintain political influence in Washington even after leaving office. The so-called leadership PAC is a loosely regulated fundraising vehicle that allows current and former elected officials to raise and spend money to maintain relationships with donor and help their political allies.
Canada
Canada – Chrystia Freeland’s Policy Adviser Agrees to Ethics Screen Related to Lobbyist Spouse
Globe and Mail – Bill Curry | Published: 11/10/2020
Canadian Finance Minister Chrystia Freeland’s policy director, Leslie Church, has agreed to an ethics screen to manage potential conflicts-of-interest involving Sheamus Murphy, her lobbyist husband, who regularly meets with senior federal officials on behalf of corporate clients. Murphy is a partner with the lobbying firm Counsel Public Affairs. Opposition Members of Parliament say they question why a screen is being applied only now, even though Church has worked for Liberal cabinet ministers since 2015. A spokesperson for Freeland said Church has been in regular contact with the ethics commissioner’s office since 2015 and has followed its advice.
From the States and Municipalities
Alabama – Alabama Prosecutor Indicted on Ethics Charges, Free on Bond
Associated Press News – Staff | Published: 11/9/2020
An Alabama prosecutor was indicted on five felony charges of using his office for personal gain by allegedly using his position to benefit his family and conspiring to steal a pickup truck. Lee County District Attorney Brandon Hughes was charged with illegally hiring his three children to work for his office and paying private lawyers with public funds to settle a matter that helped him and his wife. He was also charged with issuing a subpoena to a company to gather evidence for his own potential defense. The state said Hughes allegedly tried to steal a 1985 Ford Ranger pickup truck from a business in neighboring Chambers County by hatching a plan to use a search warrant to make a business give up the vehicle.
Arizona – Arizona’s Political Transformation Began Long Before Biden Was on the Ballot
MSN – Jose Del Real and Hannah Knowles (Washington Post) | Published: 11/7/2020
Arizona’s transformation from a onetime conservative stronghold to a swing state capable of deciding this year’s presidential election is the result of a decade of work by Mexican American activists, soaring demographic change, and the consolidation of independent voters behind Joe Biden. He was also buoyed by President Trump’s repeated attacks on the state’s late U.S. senator, John McCain, whose wife endorsed Biden, and by the strong and well-funded campaign of former astronaut Mark Kelly, a Democrat who won McCain’s old seat.
California – Biden Win Sets Off Rush for Harris’ Senate Seat in California
Politico – Carla Marinucci | Published: 11/7/2020
Launching Kamala Harris into the White House as vice president come January has officially kicked off one of Gov. Gavin Newsom’s biggest political decisions: appointing California’s next U.S. senator. Many Newsom insiders insist the governor wants to make a historic choice, making Secretary of State Alex Padilla a leading contender. If picked, Padilla, a longtime Newsom supporter, would become the first Latino senator in the state’s 170-year history. The governor also has to contend with women’s groups who have also pressured him to fill Harris’ seat with another woman of color, putting U.S. Rep. Karen Bass, the head of the Congressional Black Caucus, high on the list.
California – California Campaign Finance Complaints Rose Sharply in 2020
Los Angeles Times – Patrick McGreevy | Published: 11/6/2020
The California Fair Political Practices Commission saw a big jump in the number of complaints alleging campaign finance violations for the November election, even in comparison to the tumultuous 2016 presidential election year, and dozens of investigations are ongoing, officials say. The complaints allege violations of campaign laws regarding state and local elections, including whether campaigns properly reported contributions and how they were spent, as well as whether political ads included required disclosures, such as who paid for them. The turmoil over the contest between President Trump and Joe Biden has raised the political temperature for other contests as well, experts say.
California – Man Who Conspired to Make Illegal Contributions to 2012 Mayoral Candidates Gets 1 Year in Prison
KSWB – City News Service | Published: 11/9/2020
A self-proclaimed “campaign guru,” who was previously convicted and sentenced for conspiring with a Mexican billionaire to make nearly $600,000 in illegal campaign contributions to a pair of 2012 San Diego mayoral candidates, was re-sentenced to one year in federal prison, after an appeals court invalidated one of his convictions. Ravneet Singh was convicted in 2016 of conspiring with Jose Susumo Azano and others to inject hundreds of thousands of dollars into the campaigns of Bonnie Dumanis and Bob Filner, even though Azano’s status as a foreign national made such contributions illegal. Singh was also fined $10,000.
Florida – Plantation Mayor Was Hiding Public Records, Inspector General Says
South Florida Sun Sentinel – Wells Dusenbery | Published: 11/5/2020
Broward County’s inspector general concluded the mayor of one of Broward’s biggest cities broke the law with a range of violations from hiding public records to falsifying campaign finance documents. Plantation Mayor Lynn Stoner could face serious recourse, and potential charges, after an investigation uncovered numerous violations of open government and campaign finance laws. The inspector general said Stoner unlawfully overdrew her campaign account and then made an illegal, post-election loan to cover the overdraft. She later filed false campaign treasurer reports to cover up the overdraft and illegal contribution, according to the report.
Georgia – How Stacey Abrams and Her Band of Believers Turned Georgia Blue
Politico – Maya King | Published: 11/8/2020
Those leading the effort to flip Georgia from red to blue – a group composed of Black female elected officials, voting rights advocates, and community organizers – understood why Democrats had often fallen short in the South the past decade. Topping the list of reasons: the region’s conservative bent, voter suppression tactics by the right, and the failure by Democrats to mount a sustained voter outreach program. Stacey Abrams’ close loss in Georgia’s gubernatorial election made clear to her and other liberals that demographic shifts had reached a tipping point. They argued Democrats could win more races by expanding their coalition to include disengaged voters of color, as opposed to continuing the focus on persuading undecided, moderate, often white voters.
Hawaii – Ethics Complaint Filed After Honolulu Lobbyist Fails (Again) To Register
Honolulu Civil Beat – Anita Hofschneider | Published: 11/10/2020
David Arakawa is the executive director of the Land Use Research Foundation, a group that lobbies on behalf of landowners and developers in Hawaii. He has not registered to lobby City Hall despite advocating against recent legislative proposals to reshape Honolulu’s parking and urban-planning policies. Marti Townsend, who leads the Hawaii chapter of the environmental group Sierra Club, filed a complaint with the city ethics commission highlighting Arakawa’s failure to register to lobby. It was reported in 2018 that Arakawa failed to register as a lobbyist. After the story, he registered, but Arakawa’s name is also missing from Honolulu’s 2019 list of registered lobbyists. Despite registering in 2018, he does not appear to have filed a required annual report detailing his spending that year.
Illinois – Election Fraud Allegations from 2016 Heard in Appellate Court as Federal Probe Swirls Around Democratic Boss Michael Madigan
Yahoo News – Jason Meisner (Chicago Tribune) | Published: 11/10/2020
The corruption investigation swirling around Illinois House Speaker Michael Madigan bled into arguments before a federal appeals panel over a lawsuit alleging Madigan conspired to put up two “sham” candidates with Hispanic names to confuse voters in the 2016 Democratic primary. Lawyers for plaintiff Jason Gonzales were in court to argue the appeals court should overturn a lower court ruling which tossed out allegations of election fraud by Madigan’s political operation. The lead attorney for Gonzales, Anthony Peraica, used the ongoing criminal investigation to try to make his point, even though the alleged misconduct in the case before the panel took place years before the federal criminal probe came to light. The investigation is illustrative of how Madigan exercises control over the state’s politics to his own personal gain, Peraica argued.
Illinois – Ethics Board Investigating Ald. Brookins’ Decision to Represent Former Ald. Moreno
WTTW – Heather Cherone | Published: 11/9/2020
Former Ald. Proco Joe Moreno, facing felony charges of obstruction of justice and insurance fraud, has a new lawyer – Ald. Howard Brookins, who is now under investigation himself. Brookins’ decision to represent his former colleague on the city council appears to have violated a ruling from the Chicago Board of Ethics that banned aldermen who are attorneys from defending clients in criminal cases involving the Police Department. Cook County prosecutors allege Moreno falsely claimed both to police and his insurance agency that his Audi A6 had been stolen out of his garage. But Moreno allegedly turned the vehicle and its keys over willingly only hours earlier to a woman he had previously dated.
Kansas – ‘Hit’ Tweet Against Kansas Governor Has Dems Seeking Ouster
Associated Press News – John Hanna | Published: 11/5/2020
Aaron Coleman, a Democratic candidate who admitted to circulating revenge porn and was charged at the age of 14 with threatening to shoot a high school student, won a state House seat in Kansas, and party leaders promised to try to oust him after what they saw as a threat against the governor. A political operative provided The Associated Press with a screen shot of a tweet in which Coleman predicted Gov. Laura Kelly would face an “extremely bloody” Democratic primary in two years. “I’m not playing around,” Coleman wrote in the tweet. “People will realize one day when I call a hit out on you it’s real.”
Maryland – Lobbyists Prepare for Challenges with Md. General Assembly as COVID-19 Pandemic Continues
WTOP – Josh Kurtz (Maryland Matters) | Published: 11/9/2020
For decades, legislative advocacy in Annapolis has looked largely the same: well-resourced entities sign up a plugged-in lobbyist – often an ex-legislator or top-ranking former government staffer – to plead their case, while nonprofits and activist groups rely as much on grassroots organizing or in-house lobbyists as on high-paid hired guns. But with the General Assembly’s presiding officers making public declarations in recent days about what the first full legislative session in the age of COVID-19 is going to look like when lawmakers return, advocates for corporate interests and activist groups alike are coming to grips with the idea their daily routines are going to change drastically, at least for the three-month session that will begin in January.
Massachusetts – Quincy Firm Pays $250,000 to Settle Allegations of Illegal Campaign Donations
MSN – Shelley Murphy (Boston Globe) | Published: 11/9/2020
A real estate development firm was fined $250,000 after Massachusetts officials discovered it funneled company funds to employees and instructed them to make more than $57,000 in illegal contributions to the campaign finance accounts of city and state officials, including $10,000 to Gov. Charlie Baker. Since 2017, Boston Property Ventures President Richard McDonald padded the personal bank accounts of 16 employees with company funds and instructed them to make contributions to designated candidates, an investigation by the Office of Campaign and Political Finance found. It is the second-largest fine for campaign finance violations in state history and the second violation of this nature for Boston Property Ventures.
Missouri – Former Missouri Lawmaker Admits Misusing Campaign Funds
St. Louis Post-Dispatch – Robert Patrick | Published: 11/6/2020
Former Missouri Rep. Courtney Curtis could face at least a year in prison after admitting in court he used more than $47,000 in campaign funds for personal expenses. Curtis in 2016 and 2017 defrauded campaign donors by using their contributions for personal expenses, including for apartment rent, utilities, hotel, airfare, and travel expenses and to cover bills at restaurants and bars, Assistant U.S. Attorney Hal Goldsmith said. Curtis also made cash withdrawals and deposited campaign money into his personal bank account.
New Jersey – Birdsall Exec Convicted in High-Profile Pay-to-Play Scheme Loses Professional Licenses
Newark Star Ledger – Samantha Marcus (NJ Advance Media) | Published: 11/10/2020
Two New Jersey professional boards stripped a former Birdsall Group executive of his professional licenses more than three years after he pleaded guilty and was sentenced to 270 days in jail for funneling illegal campaign contributions to politicians. James Johnston was one of eight former executives, shareholders, and managers at the now-defunct firm who pleaded guilty. The firm, which received millions of dollars in government engineering contracts, went out of business after admitting it flouted state campaign finance laws. It was accused of funneling more than $1 million in corporate political contributions through employees to get around New Jersey’s “pay-to-play” law, which would have disqualified it from winning government contracts.
New York – After Cuomo Book Approval, Rancor and Rebuke at Ethics Agency
Alton Telegraph – Chris Bragg (Albany Times Union) | Published: 11/11/2020
Before a deal was struck to publish “American Crisis,” New York Gov. Andrew Cuomo’s new best-selling book, the governor had to gain approval for the venture from the Joint Commission on Public Ethics (JCOPE). Cuomo’s office has provided little information about that approval process but has noted on several occasions that JCOPE did approve the publishing deal. Yet two weeks after the book’s October release, a JCOPE member publicly questioned how much weight the agency’s opinions on such matters really carry, sparking an extraordinary response from Cuomo’s appointees on the panel.
New York – N.Y.’s Green and Libertarian Political Parties in Peril as Working Families Party Avoids Disaster
New York Daily News – Denis Slattery | Published: 11/9/2020
The Green Party of New York is feeling blue but vowing to fight on after failing to get enough votes in the presidential election to remain on the ballot in the Empire State. An election law overhaul related to New York’s soon-to-be-implemented public matching funds program significantly increased the threshold needed for parties to retain their line on the state ballot, a blow to third parties. According to the new rules, a party must garner either 130,000 votes or two percent of the total votes cast, whichever is higher, to maintain its status. The Working Families Party and the Conservative Party were able to garner enough votes to retain their status by endorsing and running major party candidates on their lines.
Ohio – FBI Arrests Cincinnati Councilman After Undercover Agents Reveal ‘Brazen’ Bribery Scheme, Feds Say
USA Today – Sharon Coolidge and Dan Horn (Cincinnati Enquirer) | Published: 11/10/2020
FBI agents arrested Cincinnati City Councilperson Jeff Pastor in what authorities describe as a brazen bribery scheme involving payoffs for help with city development projects. Federal prosecutors say Pastor, who joined the council in January 2018, began soliciting money from developers within months of taking office and, in some instances, accepted bags of cash in return for his vote or other favorable treatment. A friend of Pastor’s, Tyran Marshall, also faces federal charges and is accused of setting up a charitable nonprofit through which Pastor funneled bribes. U.S. Attorney David DeVillers said Pastor, who is accused of collecting $55,000 in bribes, at one point told undercover agents he should be paid $200,000 for his help.
Oklahoma – Government Bodies to Resume In-Person Meetings, Spurring Coronavirus Concerns
The Oklahoman – Carmen Forman | Published: 11/10/2020
Government bodies in Oklahoma will return to meeting in person after a temporary law that allows for virtual meetings expires on November 15. Legislative leaders have no plans to call a special session to extend the deadline of a law that allows government bodies to meet entirely over videoconferencing or teleconferencing platforms. As COVID-19 started to take hold in Oklahoma, state lawmakers in March temporarily amended the state’s Open Meeting Act so elected officials and residents could virtually attend public meetings. But the law that will sunset, raising concerns about how in-person meetings could contribute to the spread of COVID-19.
South Dakota – Noem’s Pitch to Aid Trump Seems to Benefit Own Campaign Fund
Associated Press News – Stephen Groves | Published: 11/10/2020
South Dakota Gov. Kristi Noem has enthusiastically taken up President Trump’s efforts to contest the results of the presidential election, asking for online donations to “help us bring it home for the president,” but it appears the money is set to flow into her own reelection account. The website soliciting money allows donors to check the amount of their contribution and includes a box to cover a processing “so 100% of my donation goes to Kristi for Governor.” It is unlikely that much, if any, of the money will end up going to Trump, said Paul S. Ryan, vice president of policy and litigation at Common Cause. Ryan noted the governor can give a maximum of $2,800 to Trump’s campaign under federal law. If she wanted more to flow to Trump, she could have directed donors to the president’s own donation site.
Texas – AP Sources: Texas AG’s affair tied to criminal allegations
Associated Press News – Jake Bleiberg | Published: 11/5/2020
Texas Attorney General Ken Paxton had an extramarital affair with a woman whom he later recommended for a job with the wealthy donor now at the center of criminal allegations against him, according to two people who said Paxton told them about the relationship. They said Paxton acknowledged the affair in 2018 to senior members of his office and political staff. Developer Nate Paul said in a deposition that Paxton recommended the woman for her job with Paul’s real estate company. The attorney general’s top deputies reported their boss to the FBI in September for alleged bribery, abuse of office, and other crimes Those allegations stem in part from Paxton’s decision to investigate Paul’s claims that a judge and the FBI broke the law in searches of his home and offices last year.
Texas – Texas’ Patrick Offers Reward as Trump Makes Unfounded Claims
Associated Press News – Paul Weber | Published: 11/10/2020
Texas Lt. Gov Dan Patrick offered up to $1 million in defense of President Trump’s unsupported claims of irregularities in the presidential election, saying he would pay out rewards for information that leads to voter fraud arrests and convictions. The money put up by the lieutenant governor appeared to be a first among Republican officeholders who are backing Trump as he refuses to concede. A former chief Texas ethics regulator said paying out reward money, which would come from Patrick’s political campaign, could run afoul of federal campaign finance laws.
Washington – Appeals Court Upholds $18M Campaign Finance Fine
Associated Press News – Staff | Published: 11/11/2020
The Washington State Court of Appeals affirmed $18 million penalty imposed against the Grocery Manufacturers Association (GMA) for violating campaign finance laws during a 2013 battle over a ballot initiative that would have required labeling ingredients with genetically modified organisms on all packaged food products. The court found the GMA violations “represented an intentional attempt to conceal the identity of companies donating millions of dollars in a contentious ballot campaign.” The GMA spent more than $11?million to defeat the initiative. But its contributions were disclosed only as coming from the association, not the companies that bankrolled the effort, such as PepsiCo, Coca-Cola, Nestle, and General Mills.
November 6, 2020 •
News You Can Use Digest – November 6, 2020
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National/Federal A Government Watchdog Says White House Chief of Staff Mark Meadows Spent Campaign Funds on Personal Expenditures Business Insider – Yelena Dzhanova | Published: 10/31/2020 Citizens for Responsibility and Ethics in Washington (CREW) is calling for an investigation into White […]
National/Federal
A Government Watchdog Says White House Chief of Staff Mark Meadows Spent Campaign Funds on Personal Expenditures
Business Insider – Yelena Dzhanova | Published: 10/31/2020
Citizens for Responsibility and Ethics in Washington (CREW) is calling for an investigation into White House Chief of Staff Mark Meadows after accusing him of misusing thousands of dollars in campaign funds. CREW identified personal expenditures made by Meadows’ campaign after he resigned from Congress. On the same day as Meadows’ official resignation from Congress, his campaign spent $2,650 on jewelry in Washington, the complaint says. The campaign continued to use its funds after the former representative announced his retirement from Congress, spending over $6,500 at various restaurants and establishments, including at the Trump International Hotel.
Congressional Democrats’ High Hopes Dashed as GOP Clings to Senate Majority, Scores Unexpected Gains in the House
Washington Post – Paul Kane, Rachael Bade, and Seung Min Kim | Published: 11/4/2020
Congressional Democrats began a period of reckoning after another political debacle left them suffering losses to their House majority and clinging to a narrow path to Senate control, a stark contrast to the strong optimism of a “blue wave” that would repudiate President Trump and his allies on Capitol Hill. In the highly anticipated ¬Senate matchups, Republicans scored easier-than-expected victories in Iowa, Kansas, Texas, Maine, Montana, and South Carolina while establishing narrow but steady leads in Georgia and North Carolina. House Democrats struggled to come to grips with how they managed to lose seats after Speaker Nancy Pelosi and party strategists predicted gains of 10 or more that would give them commanding control over the chamber. Instead, they appear to be headed to the smallest House majority in 18 years.
Cruz Fights to Get Back Money He Loaned Campaign
Courthouse News Service – Megan Mineiro | Published: 10/28/2020
U.S. Sen. Ted Cruz is calling on a federal court panel to strike down an FEC rule limiting post-election contributions to pay back money he loaned his 2018 campaign. Cruz gave two loans to his campaign in the last run for reelection. The donations totaled $260,000, $5,000 from his personal bank accounts and $255,000 originating from a loan on personal assets. But a campaign finance law caps the amount of money a campaign committee can repay a candidate for personal loans at $250,000. Cruz sued, accusing the FEC of limiting the First Amendment right to political speech for candidates, their campaign committees, and donors by setting a time limit on donations and on a candidate’s ability to spend personal funds for campaign speech.
Florida Businessman Pleads Guilty in Fraud Case Involving Giuliani Associates
Politico – Josh Gerstein | Published: 10/29/2020
A Florida entrepreneur is the first defendant to plead guilty in a campaign finance and business fraud case involving associates of Rudy Giuliani. David Correia pleaded guilty to two felony counts: one of making false statements to the FEC and one of conspiracy to commit wire fraud. The case against Correia and three other men – Lev Parnas, Igor Fruman, and David Kukushkin – has drawn widespread attention because Parnas and Fruman worked closely with Giuliani on various issues related to Ukraine. The indictment says the men used foreign money to influence American political campaigns to benefit their business ventures and to encourage then-U.S. Ambassador to Ukraine Marie Yovanovitch’s ouster.
GOP Holds Line in State Legislatures, Dealing Blow to Democrats
The Hill – Reid Wilson | Published: 11/4/2020
Democratic hopes of claiming control of state legislative chambers across the nation crashed into an immovable Republican wall in key states, a substantial blow to the party’s chances of wielding more influence in the decennial redistricting process ahead. Election results appear to show Republicans picked up enough seats to win control of at least two legislative chambers, the New Hampshire Senate and the Alaska House, where Republicans appear to be in a position to break a bipartisan coalition that ran the House for the last two years. Thousands of ballots are left to be counted, and Democrats still have a chance in Arizona, Pennsylvania, and Michigan.
How ActBlue Has Transformed Democratic Politics
Politico – Elena Schneider | Published: 10/30/2020
Democrats have buried Republican opponents under an avalanche of campaign ads, fueled by billions of dollars donated this year through ActBlue, the online fundraising processor for Democratic campaigns. Their wild success in 2020 has reshaped the way candidates not only raise money but campaign for office, building a culture of contributions as civic engagement that has grown into an overwhelming force. Republicans have tried to match it, but they still lag behind. Amid all the once-in-a-lifetime features of this election, the explosion of online fundraising may be the one that truly transforms politics over time.
How the NFL’s Gridiron PAC Uses Influence in Washington
ESPN – Michael Rothstein | Published: 10/29/2020
In 2007, National Football League Commissioner Roger Goodell, the son of a former U.S. senator, sought to strengthen the league’s political influence. He boosted lobbying efforts, increasing NFL expenditures to more than $1 million that year for the first time. He opened a Washington, D.C.-based office and hired Jeff Miller to be its first in-house lobbyist. A year later, with a $5,000 donation from Goodell and $2,500 from league employee Joe Browne, the NFL borrowed a play from Major League Baseball by starting its own PAC. Since then, the league has maintained the office, continued its work with lobbying firms and has exceeded seven figures in lobbying efforts every year except for 2017. It is on pace to do so again this year.
Mueller Investigated Julian Assange, WikiLeaks, and Roger Stone for DNC Hacks
BuzzFeed News – Jason Leopold and Ken Bensinger | Published: 11/2/2020
Prosecutors investigated Julian Assange, WikiLeaks, and Roger Stone for the hacking of Democratic National Committee (DNC) servers as well as for possible campaign finance violations, but ultimately chose not to charge them, newly released portions of special counsel Robert Mueller’s report reveal. Although Wikileaks published emails stolen from the DNC in 2016 and Stone, a close associate to Donald Trump, appeared to know in advance the materials were coming, investigators “did not have sufficient evidence” to prove active participation in the hacks or knowledge the electronic thefts were continuing. Prosecutors could not establish the hacked emails amounted to campaign contributions benefitting Trump’s election chances and felt their publication might have been protected by the First Amendment.
The FEC Says Jill Stein, Who Raised $7.3 Million to Recount the 2016 Election, Owes Them More Than $66,000 for Campaign Finance Violations
Business Insider – Charles Davis | Published: 10/29/2020
The Green Party’s Jill Stein raised millions of dollars to recount the 2016 presidential election, promising her donors, mostly liberals grappling with Donald Trump’s shock win in the Electoral College, transparency and direct democracy. But instead of verifying the outcome of the election, a majority of the $7.3 million that Stein raised for counting votes went to salaries for her core campaign staff, who were kept on for another three years, lawyers for Stein’s personal legal defense in the U.S. Senate’s Russia investigation, and tens of thousands of dollars in fines levied by the FEC. The Stein campaign is now out of money, still owing tens of thousands of dollars to the FEC for failing to disclose how it was spending donations.
Top FEC Official’s Undisclosed Ties to Trump Raise Concerns Over Agency Neutrality
ProPublica – Mike Spies and Jake Pearson | Published: 10/28/2020
Debbie Chacona oversees the division of the FEC that serves as the first line of defense against illegal flows of cash in political campaigns. Its dozens of analysts sift through billions of dollars of reported contributions and expenditures, searching for any that violate the law. The work of Chacona, a civil servant, is guided by a strict ethics code and long-standing norms that employees avoid any public actions that might suggest partisan leanings. But Chacona’s open support of President Trump and her close ties to former FEC member Donald McGahn, who went on to become the 2016 Trump campaign’s top lawyer, have raised questions among agency employees and prompted at least one formal complaint.
Trump Campaign Mounts Challenges in Four States as Narrow Margins Raise Stakes for Battles Over Which Ballots Will Count
MSN – Elise Viebeck, Robert Barnes, Tom Hamburger, and Rosalind Helderman (Washington Post) | Published: 11/4/2020
President Trump’s reelection campaign said it would launch a legal blitz to try to halt vote-counting in Pennsylvania and Michigan, would seek a recount in Wisconsin, and challenged the handling of ballots in Georgia, threatening to draw out the final results of the White House contest. The campaign’s aggressive legal posture while the presidential race remains unresolved underscored how the close margins in key states have raised the stakes for litigation over which ballots will count. It comes after Trump, who has repeatedly made unsubstantiated claims of fraud in the election, pledged to get the courts to determine its outcome. Democrats said they were unfazed by what they said was legal posturing by the president’s campaign.
U.S. Supreme Court Hands Narrow Win to Black Lives Matter Activist Over Protest Incident
Reuters – Lawrence Hurley | Published: 11/2/2020
The U.S. Supreme Court sided with Black Lives Matter activist DeRay McKesson in his ongoing effort to avoid a lawsuit filed by a police officer injured during a 2016 protest in Louisiana triggered by the police killing of a Black man. The justices threw out a lower court ruling that had allowed the lawsuit to proceed and said more analysis was needed on whether state law allows for such a claim. The officer sued the Black Lives Matter organization and McKesson seeking monetary damages over an incident at protest in Baton Rouge. The negligence lawsuit argued McKesson should have known violence would result from his actions leading the protest, which was one of many around the country that year.
Canada
Canada – Ethics Commissioner Clears Morneau of Accepting Gift from WE Charity
CTV – Joan Bryden (Canadian Press) | Published: 10/29/2020
Canada’s ethics watchdog cleared former Finance Minister Bill Morneau of failing to disclose a gift from WE Charity. In a letter to Morneau, ethics Commissioner Mario Dion said he accepts that the former minister “genuinely believed” he had paid for the entire cost of two trips he and family members took in 2017 to view WE’s humanitarian projects in Ecuador and Kenya. As soon as Morneau became aware last summer that WE had covered $41,000 worth of expenses for the trips, Dion says he reimbursed the charity. Morneau reimbursed the money shortly before testifying on the matter at the House of Commons Finance Committee in July.
Canada – Ethics Committee Debates New Motion That Could Relaunch Study into WE Charity Scandal
MSN – Christopher Nardi (National Post) | Published: 11/2/2020
The House of Commons ethics committee is making a third attempt at examining conflicts of interest in the government’s response to the COVID-19 pandemic, after two tries to probe Prime Minister Justin Trudeau’s relationship with WE Charity each failed by one vote. The committee began debating a motion to study possible conflicts-of-interest and lobbying violations in relation to pandemic spending, and specifically the deal with WE Charity to manage a student volunteering program worth hundreds of millions of dollars.
From the States and Municipalities
Arizona – After Waymo Moved Business to State, Ducey Pressed for Its Google Affiliate to Get a $24M, No-Bid Contract
USA Today – Craig Harris (Arizona Republic) | Published: 11/2/2020
Alphabet, best known as the parent company of Google, brought its Waymo subsidiary to Arizona to take advantage of Gov. Doug Ducey’s executive order that allowed self-driving cars to operate on public roadways in the state. When Arizona was looking for a new email and communication system, the Department of Administration, at the urging of the governor’s office, awarded a no-bid contract to Google. The deals follow a pattern. The Arizona Republic has found that either Ducey or his staff have been involved in at least a half dozen transactions in which the administration distributed contracts or financial rewards to businesses and nonprofit groups friendly to the governor. In turn, Ducey received campaign contributions from their employees or positive media coverage tied to the organizations’ actions.
Arizona – Judge Won’t Delay Appointments to Arizona’s Redistricting Panel Despite Lawsuit
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 10/29/2020
A judge declined to delay appointment of more members to Arizona’s Independent Redistricting Commission while she hears arguments about whether two of the nominees are legally qualified to serve. Maricopa County Superior Court Judge Janice Crawford said the Commission on Appellate Court Appointments, which made the nominations, had a chance to investigate the backgrounds of all the applicants, including the two that top Democratic lawmakers contend are ineligible. Crawford said the Democrats are belatedly asking her to bring the process to a temporary halt and set aside constitutionally set deadlines for making appointments, which she is unwilling to do.
Arkansas – 2 Issues on State Ballot Approved by Voters
Arkansas Democrat-Gazette – Michael Wickline | Published: 11/4/2020
Arkansas voters approved a constitutional amendment that will end lifetime term limits for state lawmakers. But they rejected a proposed constitutional amendment that would have made it more difficult for citizen groups to qualify ballot measures for general election ballots and increased the voting threshold for the state Legislature to refer proposed constitutional amendments to voters.
California – FBI Raids Compton Councilman’s Home, Baldwin Park City Attorney’s Office in Pot Inquiry
Los Angeles Times – Adam Elmahrek and Ruben Vives | Published: 11/3/2020
FBI agents served search warrants at the home of Compton City Councilperson Isaac Galvan and the law offices of Baldwin Park City Attorney Robert Tafoya, part of a federal investigation examining Baldwin Park’s dealings with cannabis businesses, according to sources. The raids come amid controversy over Baldwin Park’s approval of licenses for cultivation, distribution, manufacturing, and testing cannabis. In September, a former Baldwin Park police officer said in a sworn declaration he had received complaints from three cannabis operations alleging “questionable business practices, which included paying as much as $250,000 cash in a brown paper bag to city officials.”
Colorado – Aurora City Council Passes Sweeping Campaign Finance Reform
Denver Gazette – Hannah Metzger | Published: 11/4/2020
The Aurora City Council passed a campaign finance reform ordinance, increasing transparency and limiting money in the city’s local elections. The ordinance limits donations from individuals and committees to $1,000 in at-large and mayor races and $400 for city council wards. It also bans contributions from “artificial persons” and increases transparency of donations and enforcement of regulations. The ordinance goes into effect on January 1.
Colorado – Judge Denies Advocacy Group’s Attempt to Suspend Colo. Campaign Finance Enforcement
Colorado Politics – Michael Karlick | Published: 10/29/2020
A federal judge denied a conservative advocacy group’s request to halt campaign finance investigations against committees that advocate for or against ballot initiatives. Colorado law requires organizations whose major purpose is campaigning on ballot initiatives to register an issue committee if they have accepted or expended more than $200. Committees that accept or spend more than $5,000 in an election cycle must also disclose their donors and the nature of their spending. The Colorado Union of Taxpayers and the Colorado Stop the Wolf Coalition filed a complaint claiming the registration requirement was unconstitutional, and the First Amendment “gives all Americans the right to speak freely on matters of public concern without obtaining government blessing or fearing government penalty.”
Georgia – DeKalb County Voters Overwhelmingly Vote to Empower County Ethics Board
Decaterish.com – Dan Wisenhunt | Published: 11/5/2020
DeKalb County voters on November 3 approved a reform measure affecting the appointment process for the county’s Ethics Board, giving an agency that had been hobbled for the last two years new life. The measure voters approved does not give the county chief executive officer an appointment to the board or give the CEO power to review the board’s policies and procedures. County employees can still take concerns directly to the board. The position of ethics officer remains intact with the power to investigate violations. The biggest change is the appointment process that undermined the board in 2018.
Hawaii – Retired Hawaii Official Fined $5K for Accepting Free Meals
Associated Press News – Staff | Published: 10/29/2020
Tian Xiao, a former top examiner for the Hawaii Department of Commerce and Consumer Affairs, was fined $5,000 by the state Ethics Commission for accepting free meals from a vendor he oversaw. Xiao accepted about $654 worth of meals, including dinner for himself and his wife at the upscale Nobu Honolulu restaurant. Xiao allegedly violated the state’s gift law by accepting four meals from vendor Risk & Regulatory Consulting in August and October 2018 and July and September 2019, the commission said.
Indiana – Indiana’s Speaker of the House Is Registered as a Lobbyist in New York City
Indianapolis Monthly – Adam Wren | Published: 10/30/2020
Indiana Speaker of the House Todd Huston is registered as a lobbyist for the College Board in New York City and has been since 2015, according to a review of public records, though Huston claims to have never actually lobbied on behalf of his employer. Huston was not aware of his registration status until within the last several weeks, and so did not disclose it to the Indiana House Ethics Committee. “I have not and do not lobby,” Huston said in a statement. “Additionally, at my request, there is an organizational firewall in place to ensure I am not involved in any of my employer’s matters involving the state of Indiana.”
Kansas – Kansas State Parties Didn’t Disclose Which Candidates They’re Backing and Attacking
Wichita Eagle – Chance Swaim | Published: 10/30/2020
The Kansas Democratic and Republican party committees likely violated state campaign finance law by failing to disclose which candidates they are backing and attacking with more than $1.7 million in mailers this election cycle. Neither party has correctly reported its spending since 2010, when both parties clearly identified which candidates that they were boosting with campaign mail, a Wichita Eagle analysis found. In the past decade, both major state parties stopped reporting information that is required by state law.
Maryland – Baltimore County Voters Move Toward Public Matching Fund for Candidates
Maryland Matters – Bennett Leckrone | Published: 11/5/2020
Preliminary election results showed voters signed off on creating an election fund that would match small donations for local candidates in Baltimore County, a measure advocates say would create fairer elections. The charter amendment would create a Citizens’ Election Fund system in the county, establishing a public trust that, starting in 2026, would match small donations for county council and county executive candidates. It also would establish a commission within the county that would determine details and provide for funding of the program. Participation would be voluntary for candidates.
Maryland – Following Pugh Scandal, UMMS Seeks a ‘Fresh Start’ in Implementing Auditor-Recommended Ethics Changes
Yahoo News – Ben Leonard (Baltimore Sun) | Published: 10/29/2020
The University of Maryland Medical System (UMMS) implemented dozens of recommendations from auditors relating to board governance and conflicts-of-interest a year after a high-profile scandal involving ex-Baltimore City Mayor and former system board member Catherine Pugh. Lawmakers asked the Office of Legislative Audits to investigate UMMS after it was reported that one-third of the 30-member board had contracts with the system, including Pugh. The system paid Pugh $500,000 for 100,000 copies of her “Healthy Holly” children’s books. Pugh later pleaded guilty to conspiracy and tax evasion charges related to the deal.
Mississippi – Mississippi Approves Flag with Magnolia, ‘In God We Trust’
Associated Press News – Emily Wagster Pettus | Published: 11/4/2020
Mississippi will fly a new state flag with a magnolia and the phrase “In God We Trust,” with voters approving the design on November 3. It replaces a Confederate-themed flag that state lawmakers retired months ago as part of the national reckoning over racial injustice. Mississippi has been without a flag since late June, when legislators surrendered the last state banner in the U.S. that included the Confederate battle emblem. The rebel flag is widely condemned as racist.
Missouri – Amendment 3: Effort to overturn Clean Missouri redistricting poised to pass narrowly
Springfield News-Leader – Austin Huguelet | Published: 11/4/2020
Missouri voters reversed changes they made to the redistricting process two years ago by approving Amendment 3. The 2018 reform created a new demographer position to draft districts aimed at producing more competitive elections and a Legislature better reflecting the statewide vote. Now, the old bipartisan commissions will be back in charge with appellate judges backing them up if they deadlock. Amendment 3 also bans all gifts to lawmakers from most paid lobbyists and reduces the amount an individual ccan donate to a Missouri Senate candidate’s personal campaign committee.
New Jersey – Former Jersey City School Board President and Head of Re-Entry Organization Indicted by Feds
Newark Star Ledger – Patrick Villanova | Published: 11/2/2020
Sudhan Thomas, the former president of the Jersey City Board of Education and the ex-head of the city’s Employment and Training Program, was indicted on charges of embezzlement, money laundering, and fraud. Thomas is accused of embezzling $45,000 from JCETP, an organization receiving federal funds, as well as wire fraud and money laundering in connection with the JCETP theft. Thomas was also charged with wire fraud for embezzling money from his 2016 Jersey City school board campaign; wire fraud for embezzling money from his 2019 campaign; and bank fraud for stealing checks issued by and to another school board candidate’s campaign in 2018.
New York – Judge Rules Sterne Agee Analyst Complicit in NY Pension Pay-to-Play Scheme
Chief Investment Officer – Michael Katz | Published: 11/3/2020
A federal judge ruled John Paulsen, a former managing director at Sterne Agee & Leach, aided and abetted a “pay-to-play” scheme involving the $216.3 billion New York State Common Retirement Fund. U.S. District Court Judge Paul Gardephe found Navnoor Kang, the pension fund’s director of fixed income, used his position to solicit and receive improper entertainment from Paulsen and Deborah Kelley, a registered representative at the firm. In exchange for the entertainment, Kang directed a “significant amount” of state business to Sterne Agee, which generated “sizable commissions,” Gardephe said.
New York – State Elections Commissioner Held Another Role: Political party official
Albany Times Union – Chris Bragg | Published: 11/1/2020
About two months before Gregory Peterson resigned as a state Board of Elections commissioner last year, questions emerged about a potential conflict-of-interest. Since 2008, Peterson had served as one of two Republican-appointed commissioners on the four-person board, influential posts responsible for setting statewide elections policy and helping regulate candidates’ campaigns. Beginning in 2011, Peterson held another title: vice-chairperson of the Nassau County Republican Party, a political organization that works to elect GOP candidates on Long Island and is regulated by the Board of Elections. A provision of the Public Officers Law bars state government officials in policymaking roles from being an “officer, director, or board member of any party or political organization.”
North Dakota – North Dakota Voters Reject Measure 2 by Wide Margin
Grand Forks Herald – Jeremy Turley | Published: 11/4/2020
North Dakota voters rejected a ballot measure that would have given the Legislature a say in the process of amending the state constitution. Currently, petitioners can gather about 27,000 signatures from North Dakota residents, place a constitutional measure on the ballot, and if it passes, a change to the constitution must be made. Under Measure 2, the Legislature would have gotten the authority to reject a voter-approved constitutional measure and send the measure back to a public vote for final approval.
Ohio – 2 Ohio Political Operatives Plead Guilty in Bribery Probe
Associated Press News – Andrew Welsh-Huggins | Published: 10/29/2020
Jeffrey Longstreth and lobbyist Juan Cespedes pleaded guilty to racketeering charges involving the House Bill 6 scandal. Longstreth served as former Ohio House Speaker Larry Householder’s political strategist. Cespedes worked as a lobbyist for FirstEnergy Solutions, the former subsidiary of FirstEnergy that owned two nuclear power plants in Ohio. Longstreth and Cespedes were among five men charged in what federal prosecutors called the largest “pay-to-play” scandal in the state’s history involving the passage of a $1.3 billion bailout of the plants. An FBI affidavit said Householder and lobbyists Neil Clark and Matthew Borges, as well as Longstreth and Cespedes, accepted more than $60 million in bribes from FirstEnergy and its subsidiaries over a course of three years to push House Bill 6 and fight off a ballot initiative.
Ohio – Embattled Former Ohio House Speaker Easily Wins Re-Election
The Center Square – J.D. Davidson | Published: 11/4/2020
An indictment, an arrest, two guilty pleas, and a $60 million bribery scandal did not stop former Ohio House Speaker Larry Householder from returning to the statehouse. Householder, who faced opposition only from four write-in candidates, easily won re-election in a wide-ranging district that covers mostly rural areas in central and eastern Ohio but also includes some affluent and growing Columbus suburbs. In July, the House voted unanimously to strip Householder of his speakership after a federal indictment that charged him with bribery and racketeering connected to House Bill 6, a nuclear energy bailout bill that provided billions of dollars for two Ohio nuclear power plants.
Oregon – Oregon Opens Door for Campaign Finance Limits
OPB – Dirk VanderHart | Published: 11/3/2020
In a historic vote that presages the demise of some of the nation’s most permissive campaign finance rules, Oregon voters approved Ballot Measure 107. It amends the state constitution to permit campaign finance reform. The measure gives state and local governments the ability to enact laws that limit campaign contributions and expenditures and require their disclosure. It also would require political campaign advertisements to identify who pays for them.
Oregon – Portland Man Files Complaint to Enforce Oregon’s 2006 Campaign Contribution Limits
Spokane Spokesman-Review – Hillary Borrud (Portland Oregonian) | Published: 10/30/2020
A Portland advocate for limits on political donations has filed a complaint with the Oregon Secretary of State’s office seeking to enforce a 2006 voter-approved campaign finance law that capped donations from any one individual at $100 for most races. Ron Buel’s complaint focuses on a recent $150 donation by May 2020 Portland City Council candidate Seth Woolley to Woolley’s own PAC, but the complaint could have vast implications.
Oregon – Portland Mayor Ted Wheeler’s $150,000 Loan to His Own Campaign Wasn’t Illegal, City Auditor Says
Portland Oregonian – Everton Bailey Jr. | Published: 11/3/2020
Portland Mayor Ted Wheeler did not violate election rules by loaning his reelection campaign $150,000, City Auditor Mary Hull Caballero announced a few hours before the ballot dropoff deadline. Hull Caballero noted while Portland voters in 2018 approved campaign finance restrictions that included a $5,000 limit on candidates making personal loans to their campaigns, the Oregon Supreme Court in April deemed expenditure limits violated the First Amendment.
Tennessee – Tennessee Sen. Joey Hensley Put on Medical Probation for Unethical Opioid Prescriptions
The Tennessean – Brett Kelman | Published: 11/4/2020
A state medical board ordered professional probation for the medical license of Tennessee Sen. Joey Hensley, a punishment described by his attorney as “the death penalty” for Hensley’s decades-long career as a small town doctor. Hensley admitted to providing medical care and prescribing opioids and other controlled substances to several family members and a second cousin who was both his employee and his romantic partner. In some cases, Hensley did not document the prescriptions or take mandatory steps to prevent addiction or misuse.
Texas – City Ethics Commission Wrestles with Access During Pandemic
Austin Monitor – Elizabeth Pagano | Published: 11/2/2020
In its previous, pre-pandemic incarnation, the Austin Ethics Review Commission met in a back room of City Hall that was often jammed full of commissioners, accusers, defenders, and occasionally, reporters. Since March, however, it has been much harder to follow the work of the body tasked with reviewing ethics violations by city employees. Unlike some other commissions, meetings have not been broadcast. And those curious about the commission’s activities were not given an option to listen in. So, anyone interested in what was going on had one choice: wait a few days, and then check for an audio recording of the meeting. It is a situation that commissioners are hoping to change.
Virginia – In Va., Gun-Control Fight Gives Rise to Movement for County-Approved Militias
MSN – Gregory Schneider (Washington Post) | Published: 10/31/2020
Earlier this year, Campbell County’s board of supervisors officially recognized a self-proclaimed militia as an organization to “enhance the safety and security” of citizens and as a “barrier against a tyrannical government.” Bedford County followed suit and a similar resolution is being debated in Halifax County. Armed militia groups have formed throughout Virginia this year, an outgrowth of the “Second Amendment sanctuary” movement that swept county courthouses a year ago as a backlash against proposed gun control laws. Supporters say the militia members are simply citizens out to help their communities and the resolutions are symbolic, meant to send a message to Democrats who control state government that rural Virginia will not abide any efforts to restr5ict access to guns.
Wisconsin – Wisconsin Republican Party Says Hackers Stole $2.3 Million
Yahoo News – Scott Bauer (Associated Press) | Published: 10/29/2020
Hackers have stolen $2.3 million from the Wisconsin Republican Party’s account that was being used to help reelect President Trump in the state. GOP Chairperson Andrew Hitt said the hackers manipulated invoices from four vendors who were being paid for direct mail for Trump’s reelection efforts as well as for pro-Trump material such as hats to be handed out to supporters. Invoices and other documents were altered so when the party paid them for the services rendered, the money went to the hackers instead of the vendors, Hitt said.
October 23, 2020 •
News You Can Use Digest – October 23, 2020
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National/Federal Back from the Supreme Court, House Pushes DC Circuit for Trump Financials Courthouse News Service – Megan Mineiro | Published: 10/20/2020 A three-judge panel on the District of Columbia Circuit Court of Appeals indicated there is little need for a […]
National/Federal
Back from the Supreme Court, House Pushes DC Circuit for Trump Financials
Courthouse News Service – Megan Mineiro | Published: 10/20/2020
A three-judge panel on the District of Columbia Circuit Court of Appeals indicated there is little need for a swift ruling in the legal battle over access to President Trump’s financial records The panel previously upheld the subpoena brought by the House but considered the case for the second time after the U.S. Supreme Court instructed it to reevaluate the House’s subpoena power. Democrats had hoped to have Trump’s past financial statements for campaign leverage. For Judge David Tatel, however, the more prudent move would be to wait until after the next Congress convenes on January 3. The case is one of several ongoing legal battles over the president’s refusal to comply with congressional oversight.
Ex-Interior Official Violated Trump Ethics Pledge by Meeting with Former Associates: Watchdog
The Hill – Rebecca Bietsch | Published: 10/21/2020
A former top Interior Department political appointee violated his ethics pledge by taking a meeting with an organization he previously volunteered for, according to a report from the department’s watchdog. Sources said the employee in question is Todd Wynn, the former head of the department’s Office of Intergovernmental and External Affairs. Wynn, now a lobbyist for a major Arizona utility, took a meeting with Rich Lindsey, an energy committee policy consultant from the Council of State Governments. Wynn previously was on the board of trustees for the Council of State Governments 21st Century Foundation.
Former Top Trump Fundraiser Elliott Broidy Pleads Guilty to Foreign Lobbying Charge
Miami Herald – Ben Wieder | Published: 10/20/2020
Elliott Broidy, a top fundraiser for Donald Trump’s 2016 presidential campaign and, at the time, the Republican National Committee, pleaded guilty to a charge of conspiring to serve as an unregistered foreign agent. He faces a maximum penalty of five years in prison and a $250,000 fine and has agreed to forfeit $6.6 million he was paid for his work. The charge is related to his efforts to arrange meetings with top American officials to help quash a U.S. investigation into the 1MDB Malaysian embezzlement scheme and to push for the deportation of Chinese dissident Guo Wengui. Broidy agreed he acted as a foreign agent in his efforts.
Full Federal Appeals Court in D.C. to Weigh House Subpoena to Ex-White House Counsel Donald McGahn
Washington Post – Spencer Hsu | Published: 10/15/2020
The full U.S. Court of Appeals for the District of Columbia Circuit revived the House of Representatives’ attempt to enforce a subpoena to former White House counsel Don McGahn but cautioned the case could go unresolved once this Congress’s term ends in January. The appeals court said it will revisit a three-judge panel decision to dismiss the House lawsuit, which came after the White House claimed key presidential aides are “absolutely immune” from compelled testimony to Congress. The panel found Congress has not passed a law expressly authorizing it to sue to enforce its subpoenas.
How Trump Plowed Through $1 Billion, Losing Cash Advantage
Associated Press News – Brian Slodysko and Zeke Miller | Published: 10/20/2020
Some campaign aides for President Trump privately acknowledge they are facing difficult spending decisions at a time when Joe Biden has flooded the airwaves with advertising, even though Trump’s political operation has raised well over $1 billion since he took the White House in 2017. That has put Trump in the position of needing to do more of his signature rallies as a substitute during the coronavirus pandemic while relying on an unproven theory that he can turn out supporters who are infrequent voters at historic levels. “You could literally have 10 monkeys with flamethrowers go after the money, and they wouldn’t have burned through it as stupidly,” said Republican consultant Mike Murphy.
Lobbyists Face Challenges Meeting Newly Elected Lawmakers in November
The Hill – Alex Gangitano | Published: 10/15/2020
Lobbyists are preparing for the difficulty of virtually getting to know newly elected members of Congress when they come to Washington, D.C. for orientation in November. A victory by Joe Biden would make that task even harder given the influx of new aides and administration officials. In all, lobbyists could find themselves navigating the challenges of trying to meet new leadership, committee, agency, and administration staffers in a pandemic without in-person meetings or the fundraisers that typically populate K Street’s calendar shortly after a general election.
On the Job and On the Stump, Cabinet Officials Flout Hatch Act
Bloomberg Law – Stephen Lee, Megan Boyanton, Andrew Kreigbaum, Shaun Courtney, and Alex Ruoff | Published: 10/14/2020
Under President Trump, allegations of violations of the Hatch Act, which clamps down on political activities of government employees while they are on the job, have come at a rate not seen in previous administrations, but there have been few consequences. Two agencies have a role in enforcing Hatch Act violations: the Justice Department, which handles criminal cases, and the Office of Special Counsel (OSC), which takes on civil violations. But while the OSC sometimes makes Hatch Act findings, the Justice Department rarely does, said David Gergen, a professor of public service at the Harvard Kennedy School.
Supreme Court Tees Up Census Case Over Whether Trump Can Exclude Undocumented Immigrants
Politico – Steven Shepard | Published: 10/16/2020
The U.S. Supreme Court will hear arguments over whether President Trump can exclude undocumented immigrants from the census count used to apportion congressional districts to the 50 states. The court’s announcement teed up oral arguments in the case for November 30, an accelerated timeline that paves the way for a potential decision before the Census Bureau is set to deliver the population counts to Trump’s desk at the end of the year. In July, Trump issued a memorandum in July, asking the Census Bureau to subtract undocumented immigrants from the count for the purposes of congressional apportionment, the reallocation of the nation’s 435 House districts every 10 years.
The Big Role That Big Donors Still Play, Quietly, for Joe Biden
New York Times – Shane Goldmacher | Published: 10/20/2020
While Joe Biden’s campaign has trumpeted the small donations flooding in at record rates, the elite world of billionaires and multimillionaires has remained a critical cog in the Biden money machine. As the size of checks has grown, the campaign has become less transparent, declining so far to disclose the names of its most influential bundlers. From Hollywood to Silicon Valley to Wall Street, Biden’s campaign has aggressively courted the megadonor class. It has raised almost $200 million from donors who gave at least $100,000 to his joint operations with the Democratic Party in the last six months, about twice as much as President Trump raised from six-figure donors in that time.
Trump Records Shed New Light on Chinese Business Pursuits
New York Times – Mike McIntire, Russ Buettner, and Susanne Craig | Published: 10/20/2020
President Trump and his allies have tried to paint Joe Biden as soft on China, in part by pointing to his son’s business dealings there. But Trump’s own business history is filled with overseas financial deals, and some have involved the Chinese state. It turns out China is one of only three foreign nations where Trump maintains a bank account. The foreign accounts do not show up on Trump’s public financial disclosures, where he must list personal assets, because they are held under corporate names. The Chinese account is controlled by Trump International Hotels Management LLC, which records show paid $188,561 in taxes in China while pursuing licensing deals there from 2013 to 2015.
Twitter Changes Policy That Blocked a New York Post Story About Biden’s Son
Washington Post – Elizabeth Dwoskin | Published: 10/15/2020
Twitter changed a rule about hacked materials that resulted in blocking a controversial New York Post story about the alleged emails of Joe Biden’s son. The link to the New York Post story will still be blocked under a policy that prohibits sharing people’s personal information. Twitter executive Vijaya Gadde tweeted that the company made the decision after receiving “feedback” that the policy on hacked materials as written could result in undue censorship of journalists and whistleblowers. Going forward, Twitter will remove content only if it is directly posted by hackers or those acting in concert with them. It will label more questionable tweets.
U.S. Government Concludes Iran Was Behind Threatening Emails Sent to Democrats
MSN – Ellen Nakashima, Amy Gardner, Isaac Stanley-Becker, and Craig Timberg (Washington Post) | Published: 10/22/2020
U.S. officials accused Iran of targeting American voters with faked but menacing emails and warned both Iran and Russia had obtained voter data that could be used to endanger the upcoming election. The disclosure by Director of National Intelligence John Ratcliffe at a hastily called news conference marked the first time this election cycle that a foreign adversary has been accused of targeting specific voters in a bid to undermine democratic confidence. The claim that Iran was behind the email operation, which came into view as Democrats in several states reported receiving emails demanding they vote for President Trump, was leveled without specific evidence. Other U.S. officials, speaking privately, stressed that Russia still remained the major threat to the 2020 election.
White House Was Warned Giuliani Was Target of Russian Intelligence Operation to Feed Misinformation to Trump
MSN – Shane Harris, Ellen Nakashima, Greg Miller, and Josh Dawsey (Washington Post) | Published: 10/15/2020
The intelligence agencies warned the White House last year that Russian intelligence officers were using President Trump’s personal lawyer Rudolph Giuliani as a conduit for disinformation aimed at undermining Joe Biden’s presidential run. Trump and Giuliani have promoted unsubstantiated claims about Biden that have aligned with Russian disinformation efforts, and Giuliani has met with a Ukrainian lawmaker whom American officials believe is a Russian agent. When national security adviser Robert O’Brien cautioned Trump in a private conversation, Trump dismissed concern about Giuliani’s activities by saying, “That’s Rudy.”
Canada
Canada – Campaign Donation Limits in B.C. Have Levelled Playing Field, CBC Analysis Finds
CBC – Tara Carman | Published: 10/21/2020
A ban on union and corporate donations to British Columbia political parties and a cap on the amount individuals can give has hurt the provincial Liberals the most, a CBC News analysis found. The ban was introduced by the New Democratic Party (NDP) government in November 2017. Even though British Columbia’s two largest parties both used to accept tens of thousands of dollars from deep-pocketed donors – unions in the case of the NDP and businesses in the case of the Liberals, for the most part – the Liberals were more dependent on those contributions. Donations of $250 or less collectively form the biggest piece of the donation pie for all three parties. This was also true before the rule change, but the limits have made those types of contributions more important.
Canada – Lobbyists Must Now Report Their Activities
Whitehorse Daily Star – Gabrielle Plonka | Published: 10/21/2020
Lobbyists are now required to report their activities in the Yukon Territory with the implementation of the Lobbyist Registration Act. Lobbyists are responsible for registering and entering their information online. A 90-day grace period from October 15 is in effect, to allow for lobbyists to learn and adhere to the new reporting requirements. All lobbyists must register by January 13, 2021. David Jones, the Yukon’s conflict of interest commissioner, is responsible for maintaining and overseeing the Lobbyist Registry.
Canada – Supreme Court Declines to Hear Appeal in Aga Khan Lobbying Case
CTV – Jim Bronskill (Canadian Press) | Published: 10/15/2020
A new court ruling means the federal lobbying commissioner will not be taking a fresh look at whether the Aga Khan broke rules by giving Prime Minister Justin Trudeau a vacation in the Bahamas. The Supreme Court of Canada refused to hear an appeal in the matter from Democracy Watch. In September 2017, then-Commissioner Karen Shepherd said there was no basis to a complaint that the Aga Khan, a billionaire philanthropist and religious leader, had violated the code for lobbyists by allowing Trudeau and his family to stay on his private island in the Caribbean the previous Christmas.
From the States and Municipalities
California – City Clerk Sent People’s Credit Card Numbers to Jailed Husband
Patch – City News Service | Published: 10/21/2020
The Los Angeles Ethics Commission imposed a fine of $7,500 against Lorena Saucillo, a former city clerk who sent people’s credit card information to her incarcerated husband. On two occasions, Saucillo recorded credit card information provided by landlords who were paying city fees. Using her city email address, Lorena sent the credit card information to a personal email account accessible to her husband, whom she knew was intending to use the information for fraudulent purposes, the commission said.
California – Community Newspaper Backed by Former Irvine Mayor and Current Council Candidate Draws Criticism
Los Angeles Times – Ben Brazil | Published: 10/20/2020
An Irvine community newspaper backed by a former mayor and City Council candidate is drawing criticism from academics and council members who consider it misleading to residents. Some have called Irvine Community News & Views biased in favor of Larry Agran, the longstanding local politician who helped get the newspaper started. Agran said in an interview that the newspaper, which claims a circulation of 66,500, is legitimate and just like any other. Agran credited publisher and friend Frank Lunding with starting and running the paper. “I have written for it. I am proud of it. I help Frank wherever I can. I help recruit writers for him,” Agran said.
California – Loops, Slants and Crossed ‘T’s’: How election workers verify voter signatures
San Diego Union Tribune – John Wilkens | Published: 10/18/2020
Election workers eyeballing the signatures of San Diego County voters are at the heart of a screening process that happens before mail ballots for the November 3 election are counted. Workers compare scanned images of voters’ return-envelope signatures with samples already on file at the county Registrar of Voters. It is how they verify the person returning a ballot is the person it was sent to, a safeguard against fraud. Exact matches are not required. Instead, the workers are checking similarities in characteristics such as the slant of the letters, the spacing between the first and last names, and how the “I’s” are dotted and the “t’s” crossed.
California – Main Witness in Santa Clara County Concealed-Gun Bribery Case Pleads Guilty
San Jose Mercury News – Robert Salonga | Published: 10/19/2020
Former AS Solution security manager Martin Nielsen, the primary witness who implicated a sheriff’s captain and three others in an alleged bribery scheme to trade political donations supporting Santa Clara County Sheriff Laurie Smith for concealed-carry weapons permits, pleaded guilty to misdemeanor charges for his role in the ploy. According to the indictment, Nielsen and two others conspired with the four main defendants to obtain up to a dozen concealed-carry weapons permits from the sheriff’s office in exchange for $90,000 in donations to groups that supported Smith.
Colorado – Facing a Deluge of Misinformation, Colorado Takes the Offensive Against It
New York Times – Nick Corasaniti and Davey Alba | Published: 10/20/2020
In 2019, Colorado Secretary of State Jena Griswold saw a tweet falsely claiming her state’s election system had been hacked. The flare-up was another reminder of how pervasive election misinformation had become since the 2016 presidential election. To prevent deceptive tweets, doctored videos, and other forms of misinformation from undermining Colorado’s elections, Griswold is starting a new initiative that will run ads on social media and expand digital outreach to help voters identify foreign misinformation. Griswold and other secretaries of state are bracing for a deluge of misinformation about voting as Election Day draws closer, forced to defend a decentralized election system that has shown a particular weakness to the impact of rumors and outright lies.
Florida – Appeals Court Rejects NRA Lobbyist’s Case Over Graphic Parkland Massacre Emails
South Florida Sun Sentinel – Jim Saunders (News Service of Florida) | Published: 10/21/2020
A full federal appeals court rejected a request by National Rifle Association lobbyist Marion Hammer to take up a case about graphic emails she received after the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland. Hammer asked for the full 11th U.S. Circuit Court of Appeals to hear her case against attorney Lawrence Sorensen, who emailed photos to Hammer that included photos of gunshot wounds. The request came after U.S. District Court Judge Robert Hinkle and a three-judge panel of the appeals court ruled against Hammer, who alleged Sorensen violated state laws about issues such as cyberstalking, harassment, and intentional infliction of emotional distress.
Florida – In Last-Minute Push, DeSantis Administration Urges Florida Election Officials to Remove Felons Who Owe Fines from Voting Rolls
Washington Post – Beth Reinhard and Lori Rozsa | Published: 10/20/2020
Florida Gov. Ron DeSantis’s administration delivered last-minute guidance to local election officials recommending measures that voting-rights advocates say could intimidate or confuse voters, the latest salvo in a pitched battle over who is able to cast ballots in a state crucial to President Trump’s reelection. In a notice sent to local election officials, Division of Elections Director Maria Matthews urged them to remove from the voter rolls people with felony convictions who still owe court fines and fees, a move that local officials said is impossible to accomplish before Election Day. A second memo from Secretary of State Laurel M. Lee’s general counsel recommended that election staff or law enforcement guard all mail ballot drop boxes, a step that local election officials say is not required under the law.
Florida – Orlando Airport Leaders Will Review Their Lobbying Rules Following Sentinel Report
Orlando Sentinel – Jason Garcia | Published: 10/21/2020
The agency that runs Orlando International Airport will reexamine its lobbying rules after The Orlando Sentinel reported that a prominent lobbyist broke those rules over the summer but did not face any consequences. Christina Daly Brodeur, a lobbyist at Ballard Partners, called four board members in July on behalf of a client. The rules require lobbyists to report their contacts with board members within one week. Brodeur did not disclose her calls until nearly three months later.
Illinois – Chicago Mayor Exchanged Emails with Lobbyist as City Ethics Board Declined to Enforce Lobbying Ban
MSN – John Byrne and Gregory Pratt (Chicago Tribune) | Published: 10/20/2020
Mayor Lori Lightfoot exchanged emails with lobbyist and Flossmoor Trustee Gyata Kimmons months after a law took effect banning elected public officials from lobbying Chicago City Hall. Kimmons emailed Lightfoot on behalf of a real estate company with tenants at O’Hare International Airport. The back-and-forth occurred after Lightfoot introduced a proposal that would have rolled back part of the ordinance that prohibited elected officials such as Kimmons from lobbying city officials while keeping his elected post. Alderman rejected Lightfoot’s plan but while it was pending, Kimmons continued to lobby the city. During that time, the Chicago Board of Ethics declined to enforce the restrictions against lobbying by elected officials on the grounds that if Lightfoot’s proposal passed, it would nullify them.
Illinois – Cook County Commissioner Is Part Owner of and Worked for a Cannabis License Applicant, Which Critics Say She Should Have Disclosed Sooner
Chicago Tribune – Robert McCoppin | Published: 10/15/2020
Cook County Commissioner Bridget Degnen, who is a former Illinois cannabis regulator, said she is part owner of a company that is applying for cannabis licenses and she was paid to write the applications. The state’s “revolving door” law, meant to keep state workers from immediately switching from regulating an industry to participating in it, prohibits any regulatory worker from accepting compensation from any entity which that person “substantially” regulated, within one year of their state employment. Effective next year, the law will prohibit any state workers who participated substantially in awarding cannabis licenses from holding ownership in any cannabis license for two years after they leave their state jobs. Degnen said she was out of her state job for two years before she joined AmeriCanna Dream late last year.
Illinois – Illinois Dems Slam GOP Candidate for Taking Donations from Red-Light Camera Biz – but Madigan’s Ties to Industry Run Deep
Chicago Sun-Times – Robert Herguth | Published: 10/18/2020
The Illinois Democratic Party has been deluging potential voters in the general election with campaign mailers taking aim at Republican state Rep. Bradley Stephens for taking donations from one of the new bogeymen of Illinois politics: the red-light camera industry. But records also reveal House Speaker Michael Madigan, who runs the state Democratic Party and has been bankrolling the campaign of Stephens’ opponent, has accepted generous campaign checks from red-light camera companies and people affiliated with them for many years. Madigan’s campaign funds have also accepted donations from officials tied to SafeSpeed, which has been swept up in an ongoing federal corruption investigation.
Kansas – Wichita Man Arrested for Allegedly Threatening to Kidnap and Kill Mayor Over City’s Mask Mandate, Police Say
Washington Post – Timothy Bella | Published: 10/19/2020
When Wichita Mayor Brandon Whipple was told about the series of text messages sent to another city official, the mayor said he noticed the man, frustrated by the city’s mask mandate to help prevent the spread of the coronavirus, had spelled out a graphic, specific threat to kidnap and kill him. The Wichita Police Department confirmed that Meredith Dowty was arrested on a charge of criminal threat for allegedly sending the frightening texts directed at Whipple. The arrest in Kansas’s largest city follows a disturbing trend of alleged abduction plots involving elected officials nationwide.
Kentucky – Ethics Problems in Kentucky County Government? Many Have No Ethics Boards to Look.
MSN – Bill Estep (Lexington Herald-Leader) | Published: 10/14/2020
Dozens of Kentucky counties are failing to fully follow a law requiring financial disclosure by officials and having local boards to handle ethics issues, according to state Auditor Mike Harmon’s office. Harmon said his office surveyed counties on the issue because it has referred findings about potential problems to county ethics boards, only to find there was no active board. In addition to violating the law, the widespread county shortcomings could undermine confidence in government, Harmon said.
Maryland – Maryland Lawmakers Issue Subpoena to Hogan’s Former Chief of Staff Over Six-Figure Payout
Baltimore Sun – Pamela Wood | Published: 10/15/2020
State lawmakers issued subpoenas for Maryland Gov. Larry Hogan’s former chief of staff, Roy McGrath, and Matthew Sherring, who worked for McGrath at the Maryland Environmental Service (MES), to appear before a committee investigating McGrath’s six-figure payout from his prior job at a state agency. McGrath left his position as Hogan’s top aide four days after The Baltimore Sun reported he negotiated a payout worth more than $238,000 when he left the MES. It was also reported The Sun subsequently reported that McGrath and other executives earned tens of thousands of dollars in annual bonuses, and he was paid more than $55,000 in expense reimbursements for travel, meetings, and meals after he left the agency.
Michigan – Michigan Appeals Court Reinstates Election Day Mail-In Ballot Deadline as Early Voting Surge Continues
Washington Post – Elise Viebeck, John Glionna, and Douglas Moser | Published: 10/17/2020
A state appeals court in Michigan moved up the deadline for voters to return mail-in ballots, reimposing a cutoff favored by Republicans during a continuing surge in early and mail-in voting around the country. A panel from the Michigan Court of Appeals reversed a lower court’s ruling that said ballots could be counted if they were postmarked before Election Day and received within 14 days. The extension would have made Michigan’s deadline one of the most generous in the country. Voters in the state now must return their mail-in ballots by eight p.m. on November 3.
Montana – Montana’s Political Cop Finds Cooney Violated Campaign Finance Rules
Bozeman Daily Chronicle – Perrin Stein | Published: 10/19/2020
Montana Commissioner of Political Practices Jeff Mangan found Lt. Gov. Mike Cooney, who is running for governor against U.S. Rep. Greg Gianforte, failed to properly report in-kind contributions from the Democratic Governors Association (DGA) and also accepted donations beyond the state limit from the group. The Cooney campaign and the DGA worked on a statewide advertising campaign criticizing Gianforte for his alleged support of a sales tax. Mangan said the Cooney campaign failed to disclose the costs associated with a website that was a component of the advertising campaign as an in-kind contribution from the DGA.
New Mexico – NM Investment Scandal Winds Down
Albuquerque Journal – Mike Gallagher | Published: 10/17/2020
The New Mexico Supreme Court effectively closed the books on state investment scandals involving “pay-to-play” schemes beginning in 2004 that cost taxpayers hundreds of millions of dollars in investments that went south. The court upheld earlier rulings that rejected a challenge to a $24.5 million settlement reached between lawyers for the Educational Retirement Board (ERB) and State Investment Council with Vanderbilt Capital Advisors. The state lost more than $100 million on its Vanderbilt investments, and the settlement had been challenged as inadequate by Frank Foy, former chief investment officer at the ERB.
North Carolina – Federal Appeals Court Won’t Lift North Carolina Ballot-Receipt Extension
Politico – Josh Gerstein | Published: 10/21/2020
A divided federal appeals court denied an attempt by Republicans to block an agreement by North Carolina officials allowing absentee ballots in the November election to be counted if they are postmarked by Election Day and received up to nine days later. North Caolina typically counts absentee ballots that arrive up to three days after the election, but the State Board of Elections agreed to extend that window to nine days due to the increased ballot requests related to the coronavirus pandemic, as well concerns about mail delays due to recent Postal Service changes.
Ohio – Ex-House Speaker Runs for Reelection Despite Federal Charges
Associated Press News – Farnoush Amiri | Published: 10/17/2020
Ohio Rep. Larry Householder is likely to win reelection this year despite being indicted on racketeering charges in the alleged bribery scheme to pass a bailout of two nuclear power plants. House members considered removing Householder from the chamber immediately but, if they did so before November 3, voters would be able to reelect him and a lawmaker cannot be expelled twice. The only option now for both parties is to wait until the legislative session begins in January to consider expelling or impeaching him. If reelected, Householder would be automatically removed from office if he is convicted as state law prohibits anyone convicted of a felony or bribery charges from holding public office.
Ohio – Indicted Lobbyist Caims Jay Edwards Is ‘Representative 8’ in HB6 Affidavit, Report Says
Athens News – Ben Peters | Published: 10/16/2020
Neil Clark, a longtime Columbus lobbyist who was indicted in a corruption probe, said Ohio Rep. Jay Edwards is “Representative 8” in the federal affidavit connected to the House Bill 6 scandal. Clark said he, Edwards, then-House Speaker Larry Householder, an aide, and two clients – who Clark reportedly believed to be working undercover with the FBI – met in September 2019 at the Aubergine Club, where they discussed the importance of defeating the ballot initiative campaign that aimed to repeal House Bill 6. Edwards, who served as majority whip, said he does not recall attending the meeting, but he never explicitly denied it occurred.
Oregon – Oregon Public Employee Unions, Interest Groups Launch Neutral-Looking Election Website to Sway Voters
Portland Oregonian – Hillary Borrud | Published: 10/15/2020
Oregon voters who go online to search for information about the election are likely to find a website called the “2020 Oregon voter guide” at the top of their search results. Thanks to paid search engine ads, that website shows up before the state’s official voters’ guide. It looks neutral and informational, but it endorses only Democrats and urges a “yes” vote on all four statewide ballot measures. Campaign finance data shows at least one candidate and some state and local ballot measures endorsed by the guide are paying the PAC that produced it. That information is not listed on the website, nor on political mailers.
Pennsylvania – Supreme Court Allows Pennsylvania to Count Ballots Received Up to 3 Days After Election Day
USA Today – Richard Wolf | Published: 10/19/2020
The U.S. Supreme Court ruled absentee ballots in Pennsylvania can be received up to three days beyond Election Day, setting a precedent that could apply to some other states as well. The justices’ order establishes the ground rules for mail-in voting in one of the nation’s key battleground states. The ruling could have an impact in other states where the deadline for mail-in ballots has been the subject of court battles. Those include Michigan, North Carolina, Wisconsin, Minnesota, Georgia, Indiana, and Montana.
Rhode Island – What’s in a Semicolon? Punctuation Is Key as Lawyers Offer Last Arguments in Political Operative Jeffrey Britt’s Case
MSN – Kate Mulvaney (Providence Journal) | Published: 10/19/2020
Final written arguments were submitted in the trial of Jeremy Britt, a campaign operative for Rhode Island House Speaker Nicholas Mattiello. The arguments did not focus solely on Britt’s guilt or innocence on the most serious charge he faces – allegedly funneling money through a once-rival Republican’s campaign to hide his own role in arranging and financing a mailer endorsing Mattiello. At the judge’s request, they also addressed the significance of the punctuation in the state’s money-laundering law. More specifically, whether placement of commas and semicolons should determine Britt’s fate.
Wyoming – Secretary of State Will Require Gun Rights Group to Disclose Donors
Casper Star Tribune – Nick Reynolds | Published: 10/20/2020
The Wyoming Secretary of State’s Office ordered a pro-gun lobbying organization to reveal its donors after a summer in which the group flooded Wyoming with dozens of ads disparaging a number of sitting lawmakers in competitive races. The office said Wyoming Gun Owners failed to comply with state campaign finance law by not reporting the electioneering communications. The gun owners group now has until November 4 to release the names of its donors or face a $500 fine. If the group refuses to comply, the case will then go to the state attorney general.
October 16, 2020 •
News You Can Use Digest – October 16, 2020
![News You Can Use Digest – October 16, 2020](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal As U.S. Politics Heats Up, Companies Seek to Avoid Controversy Reuters – Jessica DiNapoli | Published: 10/13/2020 A record number of U.S. companies are either banning political spending or making sure they disclose it, as they seek to steer clear […]
National/Federal
As U.S. Politics Heats Up, Companies Seek to Avoid Controversy
Reuters – Jessica DiNapoli | Published: 10/13/2020
A record number of U.S. companies are either banning political spending or making sure they disclose it, as they seek to steer clear of controversy ahead of the November 3 election, a new study found. While many American corporations donate to candidates and campaigns, some do not disclose it. This can put them in the crosshairs of customers and suppliers who can accuse them of a lack of transparency. The Center for Political Accountability found 332 companies in the S&P 500 prohibited some kind of political spending, like funding political committees, or disclosed some or all of their election-related spending in 2020, up roughly nine percent from 2016.
As Virus Spread, Reports of Trump Administration’s Private Briefings Fueled Sell-Off
New York Times – Kate Kelly and Mark Mazzetti | Published: 10/14/2020
On the day President Trump declared the coronavirus was “very much under control,” senior members of the president’s economic team, privately addressing board members of the Hoover Institution, were less confident. Tomas Philipson, an economic adviser to the president, told the group he could not yet estimate the effects of the virus on the American economy. To some in the group, the implication was that an outbreak could prove worse than administration advisers were signaling in public. A hedge fund consultant’s assessment of the meeting spread through parts of the investment world and traders spotted the immediate significance: the president’s aides appeared to be giving wealthy party donors an early warning of a potentially impactful contagion at a time when Trump was publicly insisting the threat was nonexistent.
Court Tells FEC to Take Action on Complaint Against Dark Money Group Tied to Joni Ernst
The Gazete – James Lynch | Published: 10/14/2020
A U.S. District Court judge entered a default judgment against the FEC, ordering it to act on a complaint involving a so-called dark money group tied to U.S. Sen. Joni Ernst’s campaign. The complaint was brought by the Campaign Legal Center, which told the court the FEC had failed to take action on its complaint that Ernst’s campaign had illegally coordinated with Iowa Values, a political nonprofit backing the senator. Candidates and outside groups are prohibited from coordinating their political activities. The FEC generally has not enforced coordination rules, allowing for the proliferation of super PACs and nonprofit groups tied to party leaders and individual candidates, according to the Center for Responsive Politics.
Facebook to Temporarily Halt Political Ads in U.S. After Polls Close Nov. 3, Broadening Earlier Restrictions
Washington Post – Elizabeth Dwoskin | Published: 10/7/2020
Facebook said it plans to temporarily suspend all political and issue-based advertising after polls close November 3, a move the company said was intended to limit confusion, misinformation, and abuse of its services in the days after the presidential election. Facebook also said it would remove calls for people to watch the polls when those posts use militaristic or intimidating language. Executives said the policy applies to anyone, including President Trump and other officials. Trump has made calls for people to engage in poll-watching, and Donald Trump Jr. appeared in an ad urging people to “defend your ballot” and join an “army” to protect the polls.
Fake Twitter Accounts Posing as Black Trump Supporters Appear, Reach Thousands, Then Vanish
Washington Post – Craig Timberg and Isaac Stanley-Becker | Published: 10/13/2020
An account featuring the image of a Black police officer, President Trump, and the words “VOTE REPUBLICAN” had a brief but spectacular run on Twitter. In six days after it became active, it tweeted just eight times but garnered 24,000 followers, with its most popular tweet being liked 75,000 times. Then, on days later, the account was suspended by Twitter for breaking its rules against platform manipulation. The reach of @CopJrCliff and other fake accounts from supposed Black Trump supporters highlights how an account can be effective at pushing misleading narratives in just a few days – faster than Twitter can take it down.
Longtime GOP Fundraiser Elliott Broidy Charged with Acting as a Foreign Agent, Is Likely to Plead Guilty
Seattle Times – Matt Zapotosky (Washington Post) | Published: 10/8/2020
Republican fundraiser Elliott Broidy was charged in a criminal information with conspiring to act as a foreign agent as he lobbied the Trump administration on behalf of Malaysian and Chinese interests, an indication he is likely to soon plead guilty in the case to resolve the allegations against him. Prosecutors outlined how they believe he took millions of dollars in undisclosed money to end a U.S. investigation into Malaysian corruption and, separately, to return outspoken Chinese exile Guo Wengui to his home country. Prosecutors said Broidy and others orchestrated “back-channel, unregistered campaigns” to influence the administration, though their efforts were ultimately unsuccessful.
New Justice Dept. Election Fraud Guidance Could Allow Boosting of Trump’s Exaggerated Claims, Legal Observers Say
MSN – Matt Zapotosky (Washington Post) | Published: 10/7/2020
The Justice Department issued guidance giving federal prosecutors more leeway to take public action on suspected election fraud before ballots are in, a move some legal analysts worry could foreshadow an effort to bolster President Trump’s exaggerated claims of fraud via mail-in voting. The guidance detailed what it called an “exception to the general non-interference with elections policy,” which discourages prosecutors from taking overt steps in fraud investigations until all ballots are counted and certified. Critics say Trump and Attorney General William Barr seem to be working in concert to undermine public confidence in the election result, and the newly issued guidance could aid in that effort – allowing prosecutors to publicize cases of suspected fraud they previously would have been barred from discussing.
NYT: Vegas connections helped Trump engineer $21M windfall during 2016 race
The Hill – Naomi Jagoda | Published: 10/9/2020
Donald Trump’s tax records reveal he engineered a windfall of more than $21 million during his 2016 presidential run, The New York Times reported. A hotel Trump owns with casino mogul Phil Ruffin in Las Vegas made payments to several companies Trump controlled, and that money then flowed to the president himself. The hotel wrote off the payments as a business expense, The Times said. The newspaper reported that the payments came at a time when Trump’s 2016 presidential campaign needed funds and many of his businesses were losing money. The tax records do not indicate whether the payments helped Trump’s campaign, his businesses, or both, the newspaper said.
Sonny Perdue Faces Ethics Questions Over His Business Holdings
Politico – Ryan McCrimmon | Published: 10/15/2020
Agriculture Secretary Sonny Perdue pledged in 2017 to separate himself from his multimillion-dollar business holdings that could pose conflicts-of-interest in his public duties. But last year, he disclosed he had become trustee of a newly formed fund that includes many of the same assets as his original family trust. Watchdog organizations are now calling for the Agriculture Department’s inspector general to investigate whether Perdue has run afoul of the ethics agreement he signed as a nominee for the job early in the Trump administration. The commitments entailed moving his holdings into a new trust and agreeing not to serve as a trustee or beneficiary of the fund.
Supreme Court Halts Census in Latest Twist of 2020 Count
Associated Press News – Mike Schneider | Published: 10/14/2020
The U.S. Supreme Court ruled the Trump administration can end census field operations early, in a blow to efforts to make sure minorities and hard-to-enumerate communities are properly counted in the crucial once-a-decade tally. Plaintiffs in a lawsuit managed to get nearly two extra weeks of counting people as the case made its way through the courts. But the ruling increased the chances of the administration retaining control of the process that decides how many congressional seats each state gets, and by extension how much voting power each state has.
Supreme Court Won’t Revive Congressional Emoluments Case Against Trump
Washington Post – Robert Barnes and Ann Marimow | Published: 10/13/2020
The U.S. Supreme Court refused to revive an attempt by Democratic members of Congress to sue President Trump over his private businesses accepting payments from foreign governments. Without comment, the justices let stand a decision by a panel of the U.S. Court of Appeals for the District of Columbia Circuit to dismiss the lawsuit filed by 215 members of Congress. Their novel lawsuit sought to enforce the Constitution’s anti-corruption emoluments provision. A unanimous panel of the appeals court said the individual members did not have legal standing to take the president to court.
The Mystery of a GOP Congressman’s Seemingly Rent-Free Campaign Office
Politico – Daniel Newhauser | Published: 10/9/2020
For at least seven years, U.S. Rep. Jim Hagedorn appears to have enjoyed rent-free use of a campaign office supplied by a political donor, which would be a clear violation of federal election law that comes amid mounting scrutiny of his finances. In dozens of filings with the FEC, Hagedorn has listed a basement suite in a downtown Mankato, Minnesota, building as his campaign’s headquarters. But election spending records show Hagedorn has reported no payments for the use of that space over the course of the past four elections he has run to represent Minnesota’s First Congressional District, including his current race. Ethics experts expressed skepticism with Hagedorn’s actions.
Trump Taps U.S. Marine Band for White House Event and Raises Questions About Employing the Military for Political Purposes
Washington Post – Paul Sonne | Published: 10/11/2020
When President Trump, recovering from COVID-19, welcomed hundreds of people to what resembled a campaign rally on the White House grounds, the guests filed onto the South Lawn past a military band in resplendent red, its horns blasting the tune “America” from “West Side Story.” The use of the United States Marine Band for a de facto political rally marked another instance of the president pushing the boundaries of U.S. law and the military tradition of political neutrality. Federal regulations bar the use of government resources for, and the coercion of federal employees into, political activities aimed at a candidate’s reelection, and taxpayer-funded military bands cannot be used for campaign events.
Trump’s Children Brought Secret Service Money to the Family Business with Their Visits, Records Show
MSN – David Fahrenthold, Joshua Partlow, and Carol Leonnig (Washington Post) | Published: 10/12/2020
President Trump’s adult children and their families have caused the U.S. government to spend at least $238,000 at Trump properties so far, according to Secret Service records. Government ethics experts say nothing is wrong with Trump’s children seeking protection from the Secret Service. But, they said, the Trump Organization’s decision to charge for the agents’ rooms created a situation in which, just by traveling, Trump’s children could bring taxpayer money to their family’s business. That, ethics experts said, could create the appearance that Trump family members were exploiting their publicly funded protection for private financial gain.
‘Unmasking’ Probe Commissioned by Barr Concludes Without Charges or Any Public Report
MSN – Matt Zapotosky and Shane Harris (Washington Post) | Published: 10/13/2020
The federal prosecutor appointed by Attorney General William Barr to review whether Obama-era officials improperly requested the identities of individuals whose names were redacted in intelligence documents has completed his work without finding any substantive wrongdoing. The Justice Department has so far declined to release the results of U.S. Attorney John Bash’s work, though people familiar with his findings say they would likely disappoint conservatives who have tried to paint the “unmasking” of names, a common practice in government to help understand classified documents, as a political conspiracy.
With Election Day Looming, Twitter Imposes New Limits on U.S. Politicians – and Ordinary Users, Too
Seattle Times – Elizabeth Dwoskin and Craig Timberg (Washington Post) | Published: 10/9/2020
Twitter will impose new warnings on politicians’ lies, restrict premature declarations of victory, and block calls for polling violence or other disruptions, the company announced as it rolled out wide-ranging changes designed to harden the platform against abuse related to the U.S. election on November 3. The moves also will temporarily alter the look and feel of Twitter. Retweeting others, for example, will require an extra step designed to encourage users to add their own thoughts before posting. Recommendations and trends will get new curbs intended to prevent abuse. The policy changes are the culmination of years of revisions intended to prevent a repeat of 2016’s electoral debacle on social media, when disinformation, false news reports, and Russian interference rampaged virtually unchecked across all major platforms.
From the States and Municipalities
Alaska – Alaska Absentee Witness Requirements Scrapped for Election
Associated Press News – Becky Bohrer | Published: 10/13/2020
The Alaska Supreme Court affirmed a lower court ruling eliminating witness requirements for absentee ballots for the general election. Superior Court Judge Dani Crosby had ruled enforcement of the witness requirements during the coronavirus pandemic “impermissibly burdens the right to vote.” She waited to put the order into effect, to allow the Supreme Court to weigh in. The case was brought by the Arctic Village Council, League of Women Voters of Alaska, and two individuals. Their attorneys have argued the witness requirement is unconstitutional during the pandemic and a bar to voting for those who do not live with someone who is at least 18 and able to serve as a witness.
California – Arcadia Subsidiary of Chinese Company to Pay $1 Million Fine in LA City Hall Bribery Scandal
Los Angeles Daily Breeze – City News Service | Published: 10/7/2020
The subsidiary of a China-based real estate company agreed to pay $1.05 million to resolve a probe into its involvement in the Los Angeles City Hall corruption scandal. Jia Yuan USA Co. will pay the penalty and continue cooperating with the federal government in its probe of city Councilperson Jose Huizar and other figures. A Jia Yuan employee provided Huizar with Katy Perry concert tickets after he and former Deputy Mayor Ray Chan helped resolve an issue involving compliance with the Americans With Disabilities Act. Jia Yuan also admitted providing in-kind campaign contributions to several U.S. political candidates by hosting reduced-cost fundraising events. Some of those events took place at the direction of a foreign national barred from participating in American elections, investigators said.
California – California Officials Say GOP’s Ballot Boxes Are Illegal. Republicans May Expand the Practice
Los Angeles Times – Stephanie Lai and Sarah Parvini | Published: 10/13/2020
In recent weeks, gray metal containers labeled as ballot drop boxes have been placed at various locations – including gun shops, shooting ranges, churches, and Republican Party offices – in several California counties. State GOP officials acknowledged responsibility for the boxes and have rejected allegations of wrongdoing, in defiance of what the state’s top election official and attorney general say is an illegal practice. At the center of the battle are questions of whether it is legal to collect ballots through third party boxes and what constitutes an “official” ballot drop box.
California – Ex-Director of Coliseum Authority Takes Plea Deal in Stadium Naming Rights Case; Avoids Jail Time
San Jose Mercury News – David Debolt | Published: 10/13/2020
Former Oakland-Alameda County Coliseum Authority Executive Director Scott McKibben, who was criminally charged with violating state law by seeking payment from RingCentral for negotiating a stadium naming rights contract, took a plea deal and by doing so avoided trial and possible jail time. Prosecutors alleged McKibben violated the law because he sought a $50,000 payment from RingCentral as part of a $3 million deal to rename the ballpark “RingCentral Coliseum.” The law prohibits public officials from having a financial interest in contracts made by them in their official capacity. McKibben will serve three years’ probation and take an ethics course. Judge Kevin Murphy will decide how much McKibben should pay the stadium authority.
Colorado – Colorado Voters to Decide Whether to Pull Out of National Popular Vote Effort
Denver Post – John Aguilar | Published: 10/11/2020
State lawmakers decided last year that Colorado should join 14 other state and Washington, D.C. in the National Popular Vote Interstate Compact, which pledges their Electoral College votes to the presidential candidate who gets the most raw votes nationwide. On November 3, Coloradans will get the chance to affirm or reject that decision when they vote on Proposition 113, which was put on the ballot by opponents of the movement. A “yes” vote keeps the state in the compact, while a “no” vote maintains the system Colorado has used for decades to choose a president, in which the candidate with the most statewide support gets its nine Electoral College votes.
Florida – Federal Judge Denies Request to Extend Florida Voter Registration Deadline
Tampa Bay Times – Allison Ross | Published: 10/9/2020
A federal judge rejected calls by several voting rights groups that Florida should further extend its voter registration deadline following repeated outages to the state’s online on the last day people could sign up to vote in the November 3 election. U.S. District Court Judge Mark Walker said “Florida’s interest in preventing chaos in its already precarious and perennially chaotic election” outweighed the concern of potentially thousands of Floridians being unable to cast ballots in the general election. The state had argued reopening the voter registration deadline could mean Floridians who registered during that later time may have to cast provisional ballots if counties cannot update their voter rolls in time, and extending the deadline could cause voter confusion and other issues.
Florida – Prominent Lobbyist Didn’t Disclose Calls to Orlando Airport Board Members, Violating Policy
Orlando Sentinel – Jason Garcia | Published: 10/14/2020
Under the Greater Orlando Aviation Authority’s policies, lobbyists are supposed to publicly disclose meetings with board members within seven days. But Christina Daly Brodeur, a lobbyist at Ballard Partners, did not reveal she called four members of the board that runs Orlando International Airport on behalf of a client until nearly three months later, after The Orlando Sentinel requested records related to the firm’s work at the airport. Authority leaders, however, say they do not plan to act. “… She self-reported and became compliant and … there’s nothing further we can do,” said Dan Gerber, the authority’s general counsel. Some government-transparency advocates criticized the lack of consequences.
Georgia – Common Cause Calls for Investigation of Georgia Ethics Commission’s Conflict of Interest Policies
WAGA – Dale Russell | Published: 10/9/2020
A good government group is calling on Georgia’s ethics commission to investigate its own policies regarding how commission members handle potential conflicts-of-interest. The rules for deciding when a member should recuse themselves are confusing. Commission Chairperson Jake Evans says a commission policy gives him the authority to order a member to recuse themselves. But he follows a state attorney general’s opinion from 1989 to let members decide for themselves whether they have a conflict.
Hawaii – Ballot Questions Could Bolster Ethics Watchdog’s Staffing and Spending
Honolulu Civil Beat – Chad Blair | Published: 10/11/2020
The Honolulu Ethics Commission could enjoy greater autonomy over its budget should voters grant them that ability in November. Voters are also being asked whether the commission should also be granted more flexibility to hire and retain staff. Commission Chairperson Victoria Marks said passage of the charter amendments would give the agency greater flexibility to describe positions, and hire and retain the specialized staff that she said it needs “to grow and strengthen the city’s ethics and lobbyist programs.” Marks said the amendments would provide the commission “with budget flexibility and greater autonomy” from the city administration.
Illinois – Aldermen Reject Lightfoot’s Proposal to Ease Ban on Lobbying by Elected Officials
WTTW – Heather Cherone | Published: 10/13/2020
Aldermen rejected Mayor Lori Lightfoot’s ordinance that would have rolled back part of tougher City Hall lobbying rules for elected officials the city council passed last year. It would have once again allowed elected officials from outside Chicago to lobby the mayor, aldermen, and other city government agencies on behalf of private clients, as long as the public body they represent does not have pending or recurring legislative or contractual matters involving Chicago. With federal investigators probing lobbying practices in Springfield and past City Hall scandals tied to lobbying infractions, aldermen said it was not the time to walk back the stricter requirements.
Minnesota – Federal Judge Upholds Minnesota’s Deadline Extension for Counting Ballots
National Public Radio – Jason Slotkin | Published: 10/12/2020
A federal judge upheld Minnesota’s seven-day deadline extension for counting mail-in ballots after it was challenged by a pair of Republicans. Minnesota extended its deadline for receiving mail-in ballots after voting rights groups raised concerns the state’s previous deadline could disenfranchise voters as the state receives an unprecedented amount of absentee ballots. In past elections, absentee ballots would only be counted if received by eight p.m. on Election Day. A state court agreement reached with Minnesota Secretary of State Steve Simon allowed ballots postmarked by Election Day to be counted if received within seven days.
New York – Trump Again Asks Supreme Court to Block Subpoena for His Tax Records
New York Times – Charlie Savage | Published: 10/13/2020
Personal lawyers for President Trump, seeking to appeal their case to the U.S. Supreme Court for the second time in less than a year, asked the justices to delay a ruling that would allow Manhattan District Attorney Cyrus Vance Jr. To obtain Trump’s financial records. In an “emergency” application, Trump’s legal team told the court that a U.S. District Court judge was wrong to rule Vance had a legal right to subpoena the materials and an appeals court panel in New York was wrong to uphold that decision. The request for intervention marks a return for the case. In July, the high court ruled the fact that Trump was the sitting president did not make him absolutely immune from criminal investigation, as his legal team had argued.
New York – Trump Got a $21 Million Tax Break for Saving the Forest Outside His N.Y. Mansion. Now the Deal Is Under Investigation.
MSN – Joshua Partlow, Jonathan O’Connell, and David Fahrenthold (Washington Post) | Published: 10/9/2020
Donald Trump received a tax break of $21.1 million five years ago after promising to preserve 150 acres of woodlands in New York state. The amount of the tax break was set by a 2016 appraisal that valued Seven Springs at $56.6 million, more than double the value assessed by the three Westchester County towns that each contained a piece of the property. New York Attorney General Letitia James is investigating whether the Trump Organization improperly inflated the value of the land. The appraisal appears to have relied on unsupported assertions and misleading conclusions that boosted the value of Trump’s charitable gift and his tax break. The appraisal was written by Cushman & Wakefield, a real estate firm that has worked with Trump over many years and whose headquarters are in a building co-owned by Trump.
North Carolina – A Legal Fight Over How to Fix Ballot Errors in North Carolina Has Left Thousands of Voters in Limbo – Nearly Half People of Color
Washington Post – Elise Viebeck | Published: 10/12/2020
A dispute over how North Carolina voters should correct problems with their mail ballots remains unresolved, leaving at least 6,800 votes – including more than 3,300 ballots from people of color – in limbo across a key presidential battleground state. The legal fight intensified after the state Board of Elections said in September it would allow voters to “cure,” or fix, deficiencies in their mail ballots by completing and returning an affidavit to county election officials. The affidavit would neutralize a range of voter errors that could lead to ballots being tossed, including failure to provide a witness signature. ballots being tossed, including failure to provide a witness signature. But a federal judge put the plan on hold October 3, arguing it changed the rules too close to Election Day.
Oregon – City of Portland Lawyers Won’t Defend Auditor in Legal Appeals of Mayor’s Campaign Violations, City Council Says
Portland Oregonian – Everton Bailey Jr. | Published: 10/14/2020
The Portland City Council refused a request from the city auditor for city lawyers to represent her in lawsuits filed by Mayor Ted Wheeler’s campaign, citing the city attorney’s assertion it would be an ethical violation and a conflict-of-interest. Auditor Mary Hull Caballero argued before the vote that Wheeler’s campaign is not a client of the city attorney’s office and she fined the campaign through her capacity as a Portland elected official who oversees the city elections process. She noted city lawyers already represent her in other elections-related lawsuits, including one filed on behalf of mayoral challenger Sarah Iannarone about Wheeler’s campaign.
Pennsylvania – Judge Throws Out Trump Campaign’s Pennsylvania Lawsuit
Associated Press News – Marc Levy | Published: 10/10/2020
A federal judge in Pennsylvania threw out a lawsuit filed by President Trump’s campaign, dismissing its challenges to the battleground state’s poll-watching law and its efforts to limit how mail-in ballots can be collected and which of them can be counted. The ruling by U.S. District Court Judge J. Nicholas Ranjan, who was appointed by Trump, also poured cold water on the president’s claims that Pennsylvania is fertile ground for election fraud. Trump’s campaign said it would appeal at least one element of the decision.
Pennsylvania – Pennsylvania House Insurance Committee Chairwoman Reaps Big Harvest of Campaign Contributions from Insurance Industry
Allentown Morning Call – Ford Turner | Published: 10/9/2020
State Rep. Tina Pickett, whose position in Harrisburg gives her enormous authority over what happens to proposed insurance laws, has more cash in her political campaign account than any of her 201 colleagues in the Pennsylvania House, thanks in large part to the insurance industry. A review of hundreds of campaign finance reports showed Pickett’s $268,546.49 cash balance in late May was inflated by a years-long influx of insurance industry cash that began when Pickett became chairperson of the House Insurance Committee in 2013. Experts say the contributions are made to curry favor.
Rhode Island – A Chaotic Campaign Helped Save Rhode Island’s House Speaker in 2016. Now It Threatens to End His Political Career
Boston Globe – Dan McGowan and Edward Fitzpatrick | Published: 10/13/2020
The criminal trial of Jeffrey Britt, a former campaign consultant to Rhode Island House Speaker Nicholas Mattiello, was meant to determine whether Britt laundered $2,000 to help pay for a postcard mailer designed to boost Mattiello during that 2016 campaign. But it also offered a rare glimpse into the win-at-all-costs culture of politics, as witnesses detailed the strategies employed to help defeat Steven Frias. Those tactics included surveillance conducted on Frias by a private investigator who was seeking a state job, a mail-ballot operation run by an operative who had previous tours of political duty with some of the state’s most corrupt politicians, and the mailer that Britt orchestrated to try to convince a handful of Republicans to back the Democrat in the race. Mattiello won the race by 85 votes, a margin where almost any maneuver could have tipped the scales in the speaker’s favor.
Texas – Appeals Court OKs Texas Governor’s Order to Limit Drop Off Locations for Absentee Ballots
NBC News – Rachel Elbaum | Published: 10/13/2020
A federal appeals court panel upheld Texas Gov. Greg Abbott’s order to shut down dozens of mail ballot drop-off sites weeks before November’s election. The ruling comes after a federal judge halted the order, which allowed for only one absentee ballot drop off location for every county, regardless of its size. The Texas secretary of state had argued Abbott’s order was part of a 40-day expansion of Texans’ absentee voting opportunities put in place because of Covid-19 that went beyond what state election rules normally permit. The United States Court of Appeals for the Fifth Circuit said it agreed with her.
Virginia – Inside the Utility Company Lobbying Blitz That Will Hike Electric Bills
ProPublica – Patrick Wilson (Richmond Times-Dispatch) | Published: 10/9/2020
When Democrats campaigned for seats in the Virginia Legislature last year, they took aim at the state’s largest power broker: Dominion Energy. The electric utility’s clout was legendary at the Capitol, where it doled out millions of dollars in campaign contributions and employed an army of lobbyists who helped write energy policy for decades. The result was soaring electricity bills and an energy grid heavily reliant on fossil fuels. Democrats vowed to change that. But Dominion fought back and ended up as a winner in a bill intended to diminish its influence. By doubling the size of its lobbying corps and tapping its long-standing relationships with legislative leaders and Gov. Ralph Northam, the utility secured the right to build its top priority – a massive offshore wind farm set to be the most expensive utility project in Virginia history.
Virginia – Men in Alleged Kidnapping Plot Also Considered Targeting Virginia Governor, FBI Says
National Public Radio – Bill Chappell and Ryan Lucas | Published: 10/13/2020
Two of the men accused of plotting to kidnap Michigan Gov. Gretchen Whitmer took part in a discussions earlier this year with members of self-styled militia groups about potentially abducting Virginia Gov. Ralph Northam, an FBI agent testified. Special Agent Richard Trask did not say whether any of the attendees ultimately took any action toward potentially targeting Northam, and no one has been charged with any threats against him. Whitmer and Northam, both Democrats, have faced resistance in their respective states to measures they’ have taken to try to curb the spread of the coronavirus.
Virginia – Va. Congressional Candidate Reported No Assets. His Amended Disclosure Shows He Holds Dozens of Stocks.
Washington Post – Meagan Flynn | Published: 10/9/2020
After previously disclosing owning zero financial assets, Virginia congressional candidate Bob Good filed an amended financial disclosure showing he holds dozens of stocks, including in two companies that had business before the Campbell County Board of Supervisors when Good served on the panel. He now reports between $213,000 and $1.65 million in assets and unearned income. Virginia law requires local and state lawmakers to disclose their personal economic interests in forms filed with the Virginia Conflict of Interest and Ethics Advisory Council.
Washington – Port of Tacoma, Others Agree to Fine in Save Tacoma Water Campaign Finance Case
MSN – Alexid Krell (Tacoma News-Tribune) | Published: 10/12/2020
The Port of Tacoma, the Tacoma-Pierce County Chamber of Commerce, and the Economic Development Board for Tacoma-Pierce County agreed to pay a civil penalty for violating campaign finance law while fighting initiatives that were trying to limit industrial development on the Tideflats. They will pay a $34,000 fine, with $17,000 suspended. The case stemmed from efforts by a group called Save Tacoma Water following citizen opposition to a proposed methanol plant. Activist Arthur West complained the three groups violated campaign finance law in their effort.
Washington – Twitter to Pay $100k to Washington State in Settlement Over Political Ad Disclosure Violations
GeekWire – Todd Bishop | Published: 10/13/2020
Washington Attorney General Bob Ferguson said Twitter agreed to pay $100,000 for failing to maintain records related to ads that ran from 2012 through 2019, when Twitter banned political advertising. Companies are required to maintain records about who paid for ads, when they ran, how much they cost, and the name of the candidate or measure supported or opposed. Twitter failed to maintain the required records for at least 38 Washington candidates and committees that reported paying $194,550 for political advertising on its platform.
Wisconsin – Federal Appeals Court Blocks Extension for Wisconsin Ballot Returns
Politico – Zach Montellaro and Josh Gerstein | Published: 10/8/2020
Federal judges blocked a lower court’s order extending the deadline for returning mail ballots in Wisconsin, requiring that absentee ballots be in the hands of election officials by the time the polls close on Election Day. A three-judge panel of the Seventh Circuit Court of Appeals ruled in favor of staying the lower court’s order, which would have allowed for ballots postmarked by Election Day to be received by November 9, six days later, in order to be counted. The stay also suspended an order extending the deadline for online and mailed-in voter registration from October 14 to October 21, and it stopped potential electronic delivery of certain ballots.
October 9, 2020 •
News You Can Use Digest – October 9, 2020
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National/Federal Biden Transition Elevates Former Facebook Exec as Ethics Arbiter Politico – Alex Thompson and Theodoric Meyer | Published: 10/1/2020 Joe Biden’s transition team named Jessica Hertz, until recently a Facebook executive focused on government regulations, as its general counsel and […]
National/Federal
Biden Transition Elevates Former Facebook Exec as Ethics Arbiter
Politico – Alex Thompson and Theodoric Meyer | Published: 10/1/2020
Joe Biden’s transition team named Jessica Hertz, until recently a Facebook executive focused on government regulations, as its general counsel and charged her with navigating conflicts-of-interest and other ethical issues for the Biden administration-in-waiting, a move that drew immediate fire from the left. Hertz will oversee a team responsible for “enforcement, oversight, and compliance” of the ethics plan that Biden’s team released. In it, they promise to reestablish many of the rules President Obama instituted to limit the role of former lobbyists in the 2008 transition. Biden’s rules bar those who have worked as registered lobbyists or foreign agents in the past year from working on the transition unless Hertz signs off.
Facebook Imposes Major New Restrictions on QAnon, Stepping Up Enforcement Against the Conspiracy Theory
MSN – Craig Timberg and Isaac Stanley-Becker (Washington Post) | Published: 10/6/2020
Facebook imposed sweeping new sanctions on the QAnon conspiracy theory, expanding its policy to remove all affiliated groups and pages, and all accounts on the Facebook subsidiary Instagram, even if they do not violate other policies by inciting violence or trafficking in hate speech. The move expands an enforcement action in August that targeted more than 3,000 pages and groups but stopped short of a full ban. But the content morphed almost instantaneously, prompting the more sweeping action. This action comes after more than two years of mounting evidence that the QAnon conspiracy is rife with violent, hateful themes that regularly violated policies across Silicon Valley and also inspired numerous real-world crimes.
In a New Ruling, Judge Says Census Count Must Continue Through October
MSN – Tara Bahrampour (Washington Post) | Published: 10/2/2020
A federal judge ordered that the 2020 Census continue until October 31, blocking for now the government’s efforts to complete the survey in time to deliver apportionment data to the president by the end of the year. The ruling follows a tense week in which the government appeared to try to circumvent a preliminary injunction against ending the count early. The National Urban League and a group of counties, cities, and others said a truncated schedule would irreparably harm communities that might be undercounted.
Justice Dept. Acknowledges FBI Notes Given to Flynn Defense Contain Altered Dates
Washington Post – Spencer Hsu and Matt Zapotosky | Published: 10/7/2020
The Justice Department said it inadvertently altered dates on copies of notes from two former senior FBI officials that were turned over to Michael Flynn’s defense team and filed to the court as potentially exculpatory evidence. The dates were added to notes of former acting FBI Director Andrew McCabe and former FBI agent Peter Strzok and should have been removed before the documents were scanned by agency headquarters, the Justice Department told a judge weighing its request to dismiss the former Trump national security adviser’s prosecution. McCabe and Strzok were key figures investigating possible links between Russia and the Trump campaign in 2016.
Public Records Requests Fall Victim to the Coronavirus Pandemic
Washington Post – Nate Jones | Published: 10/1/2020
With most government employees still working from home because of the coronavirus pandemic, the disclosure of public records by many federal agencies and local government offices nationwide has worsened or even ground to a halt. When the pandemic was declared in early March, many employees at local, state, and federal agencies abandoned their offices and began working remotely. Employees tasked with answering open-records requests have been forced to rely on telework computer systems that are often incompatible with the software used to process records requests.
Several Lawmakers Disclose Opaque Financial Records
Roll Call – Chris Marquette | Published: 10/1/2020
Federal law requires members of Congress to publicly file annual financial disclosure statements and periodically report certain stock transactions exceeding $1,000. Such mandates provide the public with a view of lawmakers’ financial interests and possible conflicts-of-interest, but members are not required to file in a uniform manner. That has left some reports opaque and partially illegible. There is a stark contrast in clarity between financial disclosure reports filed in a standardized, electronic format and those that are not.
Sonny Perdue Fuels Ethics Scrutiny as Trump’s Rural Envoy
Politico – Ryan McCrimmon | Published: 10/5/2020
On top of his overt appeal to reelect President Trump, Agriculture Secretary Sonny Perdue has kept many farmers in Trump’s corner by doling out unprecedented sums of taxpayer aid to offset the industry’s losses after years of trade turmoil and painful biofuel policies. Democrats have questioned the practice but have made almost no effort to attach any strings to the payments. Now, Perdue is facing a fresh round of criticism for requiring federal contractors to stuff promotional letters from Trump into millions of Agriculture Department food boxes distributed to needy families, over the objections of lawmakers and many food banks. The department says these activities are not political and rejects the allegation the signed letters are a violation of the Hatch Act.
Trump Returns to Oval Office as Aides Refuse to Say When He Last Tested Negative for the Coronavirus
Washington Post – Toluse Olorunnipa, Josh Dawsey, and Ashley Parker | Published: 10/7/2020
The White House again refused to say when President Trump last tested negative for the coronavirus, leaving open the possibility he potentially exposed dozens of people to the deadly virus before the announcement of his positive test on October 2. Trump attended several events, including a presidential debate against Joe Biden, a campaign rally, and an in-person fundraiser, where he could have potentially exposed people to the coronavirus if he was infectious at that time. Two officials familiar with the situation said Trump has not been tested daily in recent months. Only rarely has Trump been tested on a machine other than the one produced by Abbott Laboratories, which provides rapid results, but are not always accurate.
Trump’s Call for Poll-Watching Volunteers Sparks Fear of Chaos and Violence on Election Day
MSN – Amy Gardner, Joshua Partlow, Isaac Stanley-Becker, and Josh Dawsey (Washington Post) | Published: 9/30/2020
President Trump’s debate-stage call for volunteers to stand watch at voting locations has prompted an enthusiastic response from known neo-Nazis and right-wing activists, leading many state election and law enforcement officials to prepare for voter intimidation, arrests, and even violence on Election Day. The Trump campaign and Republican National Committee for months have promised to recruit as many as 50,000 poll watchers to monitor voting locations on Election Day. The campaign’s “Army for Trump” website has contributed to that effort, urging supporters to join the “army of supporters fighting to re-elect him in 2020.”
From the States and Municipalities
Alaska – An Initiative Proposes to Overhaul Alaska’s Elections. But Not Everyone Thinks They’re Broken.
Anchorage Daily News – Nat Herz (Alaska Public Media) | Published: 9/29/2020
Political activists proposed a citizen’s initiative to change Alaska’s entire election system. Ballot Measure 2 would mandate more transparency about who is funding the super PAC-like independent spending groups that operate in Alaska’s elections. But its two most ambitious provisions target the election process itself: the initiative would do away with Alaska’s partisan primary altogether, replacing it with a single ballot open to all voters, and the top four candidates would advance to the general election. Then, in the general election, Alaskans would choose winners using a new system called ranked choice voting. They have never been combined for statewide elections in the way the Alaska initiative proposes, leaving a measure of uncertainty about how it could transform the state’s politics and government.
California – Was City of Industry Tricked into Hiring a Negotiator with a Major Conflict of Interest on Failed $20 Million Solar Project?
San Gabriel Valley News – Jason Henry | Published: 9/29/2020
An attorney who negotiated the terms of a $20 million solar project on behalf of the city of Industry, California, did not disclose to the city the proposed developer owed him $1.5 million from a prior business relationship. Industry now alleges the developer, William Barkett, orchestrated the hiring of attorney Anthony Bouza to limit oversight on the project. The city sued Barkett in 2019, alleging he siphoned off the $20 million and could not provide evidence that work occurred.
Delaware – Fittingly, Supreme Court Term Starts with Test of Political Affiliations for Judges
Washington Post – Robert Barnes | Published: 10/5/2020
Delaware requires its major courts be roughly balanced, so that no more than a bare majority of a court is made up of members of one political party. It requires the minority be made up of the other political party. The result, Stanford law professor Michael McConnell told the U.S. Supreme Court, is “Delaware’s courts are widely regarded as the least partisan and most professional in the nation.” Attorney David Finger said the plan denies the chance for his client, lawyer James Adams, to serve on the courts because he is neither a Democrat nor Republican but a political independent, and that violates his First Amendment rights of political association. It seemed a fitting beginning for the court’s new term, as the Senate is torn along partisan lines about whether to confirm just before the election Judge Amy Coney Barrett.
Florida – In Florida, the Gutting of a Landmark Law Leaves Few Felons Likely to Vote
ProPublica – Lawrence Mower and Langston Taylor (Tampa Bay Times) | Published: 10/7/2020
What was expected to be the nation’s largest voter re-enfranchisement in more than 50 years resulted in less than a quarter of an estimated 1.4 million felons in Florida signing up to vote. Officials have not removed any felons from the rolls for owing fines or fees, and they are unlikely to do so before Election Day, Secretary of State Laurel Lee said. It is unclear whether those whom the state fails to prune are entitled to vote or may face prosecution if they do. Amid the confusion, the one certainty is Florida’s governor and Legislature have tamped down the felon vote, according to an analysis of state records. In a presidential election marred by voter suppression tactics, the weakening of Florida’s Amendment 4 may constitute the biggest single instance of voter disenfranchisement.
Florida – Palm Bay Developer Brian West Arrested on Bribery Charges Involving Palm Bay City Council
Florida Today – Alessandro Marazzi Sassoon, Jim Waymer, and Dave Berman | Published: 10/2/2020
Developer Brian West was arrested on felony charges of bribery over an alleged scheme to buy votes on the Palm Bay City Council to rezone land for a project. The alleged bribery appears to have been directed at Councilperson Brian Anderson, who appears to have acted as the confidential informant with the Florida Department of Law Enforcement. The circumstances that led to West’s arrest revolved around allegations of an attempted deal brokered by local hotelier Puneet Kapur to buy votes to approve the rezoning of a subdivision to commercial use. That is land that one of West’s companies was trying to develop.
Illinois – Berrios Son-in-Law Indicted in Bribery Scheme Involving Ex-State Rep. Luis Arroyo
Chicago Tribune – Jason Meisner | Published: 10/2/2020
The son-in-law of onetime Cook County Democratic boss Joseph Berrios was indicted for his alleged role in a bribery scheme that brought down former Illinois Rep. Luis Arroyo and exposed a shadowy lobbying effort to expand sweepstakes gaming machines. James Weiss was charged with bribery, wire fraud, mail fraud, and lying to the FBI. The indictment also added new wire and mail fraud charges against Arroyo, who was originally charged with one count of federal program bribery and had been on track to plead guilty. According to the charges, Arroyo agreed to pay a state senator $2,500 a month in kickbacks in exchange for the senator’s support on legislation involving video gambling sweepstakes games that would benefit Weiss, who was in the sweepstakes business and was one of Arroyo’s lobbying clients.
Illinois – Chicago Aldermen to Consider Rolling Back Part of City’s Elected Official Lobbying Ban
MSN – John Byrne (Chicago Tribune) | Published: 9/30/2020
Chicago aldermen now appear likely to consider a proposal introduced by Mayor Lori Lightfoot that would roll back part of the tougher rules they passed to prevent elected officials from lobbying City Hall. Ald. Jason Ervin used a parliamentary rule to threaten an up-or-down city council floor vote on Lightfoot’s ordinance that would again let elected officials from outside Chicago lobby aldermen, the mayor’s office, and other city government departments. Ervin’s move prompted Ethics Committee Chairperson Michele Smith to instead agree to hold a hearing on the proposal in her committee.
Maryland – Can Public Campaign Financing Improve Government? Baltimore County Executive, Activists Start Campaign to Convince Voters.
Baltimore Sun – Alison Knezevich | Published: 10/6/2020
Saying it is time to reduce the influence of big money on Baltimore County politics, activists kicked off an effort to convince voters to approve public financing for local campaigns. Last year, a bill to put public campaign financing on the ballot was the Democratic county executive’s first major legislative initiative. It is now up to voters whether to approve the charter amendment in November. If they do, the county will create a “citizen’s election fund” that candidates for the Baltimore County Council and county executive would have the option to use starting in 2026. The details of the program, including the specific funding source, would be worked out later if voters approve the amendment.
Michigan – F.B.I. Says a Michigan Militia Plotted to Kidnap Gov. Gretchen Whitmer
New York Times – Nicholas Bogel-Burroughs, Shaila Dewan, and Kathleen Gray | Published: 10/8/2020
The FBI revealed it thwarted a plot to kidnap Michigan Gov. Gretchen Whitmer, unsealing charges against six people who the agency said contemplated a violent overthrow of the government. The FBI said it had learned so much about the plot by intercepting encrypted messages and because it had undercover agents and confidential informants working with the group. Whitmer has been the subject of attack from right-wing protesters for measures she imposed to control the coronavirus. Thousands of people gathered in Lansing to protest executive orders she issued shutting down most of the state to help stop the spread of the virus. In April, President Trump openly encouraged such protests, tweeting, “LIBERATE MICHIGAN.”
Michigan – Michigan AG Dana Nessel Files Charges Against GOP Operatives Over Robocalls
Detroit News – Craig Mauger | Published: 10/1/2020
Michigan Attorney General Dana Nessel filed felony charges against two well-known out-of-state Republican operatives for allegedly orchestrating robocalls aimed at suppressing the vote in the Detroit area. Nessel charged Jack Burkman and Jacob Wohl with election law and conspiracy crimes that would bring up to 24 years in prison for each of them if convicted. The charges stem from a false robocall that discouraged mail-in voting by telling people their personal information will be part of a public database that will then be used by police if they vote by mail.
Missouri – Amid Accusations of Insider Politics, Parson Campaign Rents Space from Lobbyists
St. Louis Post-Dispatch – Kurt Erickson | Published: 10/7/2020
At the same time Missouri Gov. Mike Parson’s campaign is criticizing his opponent’s husband for having served as a lobbyist, the governor’s team is sharing office space with lobbyists. The campaign is renting space in the Missouri Chamber of Commerce and Industry’s headquarters in Jefferson City, as well as using space in a suite of offices owned by lobbyist Brent Hemphill, who represents Ameren, AT&T, and a number of casinos. Parson campaign manager Steele Shippy said Hemphill contributed the space in his building as an in-kind donation. The offices used by the campaign are on a different floor from Hemphill’s lobbying organization, Shippy said.
Missouri – St. Louis Husband and Wife Who Pointed Guns at Protesters Indicted on Firearms Charges
NBC News – Tim Stelloh | Published: 10/7/2020
The St. Louis husband and wife who were captured on video brandishing guns at protesters over the summer were indicted on firearm and evidence tampering charges. The indictment comes nearly four months after Mark and Patricia McCloskey, who have been embraced by conservatives and appeared at the Republican National Convention, were filmed and photographed outside their affluent home pointing a semi-automatic rifle and a handgun at the demonstrators.
Montana – Record Penalties Levied in Dark Money Lawsuit
Montana Free Press – John Adams | Published: 10/2/2020
A judge entered a $1.76 million judgement against two now-defunct corporations that were found to have made illegal contributions to Republican candidates in Montana. The judgment is likely the final chapter in a case that spanned more than a decade, led to the largest-ever fine against a sitting politician in Montana, and was featured in the documentary film “Dark Money.” Western Tradition Partnership and Direct Mail and Communications will pay $881,955 in penalties for violating laws prohibiting corporations from giving directly to campaigns. They will pay an additional $881,955 fine for failing to report the illegal contributions. The two groups were fined $500 each for not maintaining and producing records of their campaign activities.
New Jersey – NJ Investigating Bergen Health Broker Records in Criminal Probe of Political Donations
Bergen Record – Terence McDonald | Published: 9/29/2020
New Jersey’s attorney general launched an investigation into public health brokerage contracts and potential “pay-to-play” violations in Bergen County. The investigation has resulted in at least one subpoena to the county seeking contracts and related documents to be reviewed by a grand jury. The subpoena demands the county hand over. Since 2016, the county’s health broker has been Acrisure. In Bergen County, contributions to all county-level elected officials and both political parties must be disclosed. The county’s pay-to-play law also restricts donations from a vendor’s subsidiaries. The insurance industry is a lucrative one, attracting power brokers who build close relationships with elected officials and reward them with a steady stream of donations.
New Mexico – New Mexico State Ethics Commission Urged to Reform Candidate Finance Reports
Santa Fe New Mexican – Robert Knott | Published: 10/2/2020
A watchdog group says New Mexico’s law on financial disclosure reporting is lax and confusing and leads to a lack of transparency that makes it difficult to accurately track the financial activities of candidates. New Mexico Ethics Watch Executive Director Kathleen Sabo said financial disclosure forms for 12 state Senate candidates and 24 candidates for the House are missing or cannot be viewed on the secretary of state’s website. Guidelines for filling out those forms are so vague, she said, they allow legislators to avoid disclosing how much they earn and with whom they do business.
New York – Andrew Cuomo Holds Webinar with Firm That Promised His Book to Employees
Rochester Democrat and Chronicle – Jon Campbell | Published: 10/2/2020
Skadden, Arps, Slate, Meagher & Flom hosted a closed-to-the-public webinar with New York Gov. Andrew Cuomo, sending an email invitation to employees that prominently featured the cover of “American Crisis,” Cuomo’s upcoming account of leading the state during the coronavirus pandemic. Each person who registered for the webinar is due to receive a copy of the book, which carries a hardcover list price of $30. Crown Publishing Group confirmed it is not providing copies to Skadden free of charge. Skadden is a registered lobbyist in New York, though the firm lists only one lobbying client in the state: The Shed, a performing and visual arts center. Most of the lobbying work appears centered on New York City, not the state.
New York – Appeals Court Rejects Trump Effort to Shield Financial Records
Politico – Josh Gerstein and Kyle Cheney | Published: 10/7/2020
A federal appeals court rejected President Trump’s efforts to keep his financial records from a Manhattan prosecutor, putting the president on track for a second date at the U.S. Supreme Court in his campaign to keep those documents private. A three-judge panel of the Second U.S. Circuit Court of Appeals rejected arguments from Trump’s legal team that the subpoena issued to Trump’s accounting firm at the request of Manhattan District Attorney Cyrus Vance was too broad and the subpoena amounted to retaliation for the refusal of Trump’s businesses to cooperate with Vance’s office.
New York – NYC Council Expels Andy King Over Latest Harassment, Ethics Violations
MSN – Stephen Rex Brown and Shant Shahrigian (New York Daily News) | Published: 10/5/2020
The New York City Council expelled Andy King over charges he harassed and discriminated against a female employee, took a kickback from another staffer, and failed to pay a fine for previous misconduct. The vote to expel King resulted from the third investigation into his conduct in less than three years. In the latest case, the council’s Ethics Committee found he forced a female staffer to go on unpaid leave after she complained of menstrual bleeding. King gave a different employee a $9,500 one-time payment with council funds and demanded a $2,000 kickback in return. The panel found King refused to accept part of the punishment he received last year for separate violations.
New York – Rochester, New York, Mayor Indicted on 2 Felony Campaign Finance Charges
USA Today – Gary Craig and Tony Sharp (Rochester Democrat and Chronicle) | Published: 10/2/2020
Rochester Mayor Lovely Warren was indicted on two felony campaign finance charges. The first charge is for first-degree scheme to defraud; the second is an election law offense for illegally coordinating activities and expenditures. The grand jury indictment is connected to Warren’s 2017 mayoral re-election campaign. Warren has refuted any wrongdoing in the matter. If convicted, Warren would be removed from office under state law. While Warren would be unlikely to be incarcerated, her pension could be forfeited if the matter is determined to be a crime related to public office, and she also could lose her law license.
North Carolina – Democrat’s Personal Scandal Roils N. Carolina Senate Race
Associated Press News – Brian Slodysko and Gary Robertson | Published: 10/7/2020
A race in North Carolina critical to control of the U.S. Senate has been thrown into turmoil over allegations of personal misconduct by Democrat Cal Cunningham, a married man who had an extramarital relationship this summer with a consultant. Previously undisclosed text messages and interviews show the relationship extended beyond suggestive texts, as was previously reported, to an intimate encounter as recent as July. Republicans hold a 53-to-47 majority in the Senate, and the contest between Cunningham and U.S. Sen. Thom Tillis has been among the most watched in the country, with polls showing a tight race and both parties investing heavily in the outcome.
Ohio – Federal Judge Thinks LaRose Has Permitted Off-Site Ballot Collection Sites in Ohio, Dismisses Drop Box Lawsuit. But Is He Right?
Cleveland Plain Dealer – Andrew Tobias | Published: 10/6/2020
A federal judge determined Ohio Secretary of State Frank LaRose has permitted county boards of elections to offer off-site ballot collection sites and dismissed a lawsuit from voting-rights activists seeking an expansion of ballot drop boxes. But parties in the case, elections officials, and observers said they are confused by U.S. District Court Judge Dan Polster’s order and what it will mean for state elections. Officials in LaRose’s office have said they have not actually said that extra ballot drop boxes are allowed, and local elections officials say they are waiting on guidance. Polster declined to clarify his ruling, while LaRose’s office issued a statement that did not clearly address what their next step is.
Ohio – FirstEnergy, Energy Harbor Can Still Donate to Legislative Candidates During HB6 Repeal Debate, Judge Rules
Cleveland Plain Dealer – Jeremy Pelzer | Published: 10/2/2020
A judge ruled FirstEnergy Corp. and the owner of Ohio’s two nuclear power plants can still make political donations to state lawmakers as the Legislature considers whether to repeal a controversial law benefiting the companies. Franklin County Common Pleas Judge Chris Brown reluctantly denied an injunction request by Attorney General Dave Yost to restrict FirstEnergy, Energy Harbor, ex-House Speaker Larry Householder, and others involved in the House Bill 6 scandal from donating to any state legislative candidate through the end of the year, nor lobby any legislator about repealing or changing the legislation.
Oregon – After Wheeler’s $150,000 Loan, Iannarone Campaign Takes City Auditor to Court to Enforce Self-Funding Limits
OPB – Rebecca Ellis | Published: 10/6/2020
Portland mayoral candidate Sarah Iannarone’s campaign asked a court to make the city auditor enforce a strict cap on the money that candidates can lend themselves to fund their election efforts. The request comes after Mayor Ted Wheeler loaned his campaign $150,000. Voters approved strict campaign finance limits in 2018, including a $5,000 cap on how much candidates can loan themselves. After a series of court challenges, the city auditor announced in May she would begin enforcing most of the campaign finance changes, except for the limits on self-funding. The city has taken the position that the self-funding portion of the charter conflicts with U.S. Supreme Court precedent and would not hold up in court.
Oregon – Election 2020: Oregon’s Measure 107 would allow laws to limit campaign contributions
Salem Statesman Journal – Capi Lynn | Published: 10/6/2020
Measure 107 on the November ballot would amend the Oregon Constitution, allowing not just the state but local governments to enact laws that limit campaign contributions and expenditures and require their disclosure. The measure also would require campaign advertisements to identify who paid for them. Oregon is one of five states with no limits on political campaign donations and ranks first in per-capita corporate political donations. State lawmakers approved sending Measure 107 to voters. If it passes, it will be up to them to come to a consensus on what limits and disclosure look like.
Pennsylvania – Chester County District Judge Siphoned $4K From His Campaign Fund to Feed a Gambling Habit, AG Says
Philadelphia Inquirer – Vinny Vella | Published: 10/7/2020
Chester County Magisterial District Judge Michael Cabry III diverted nearly $4,000 in campaign donations for personal expenses, using the funds to prop up his “six-figure gambling habit,” at casinos in Pennsylvania, Delaware, and New Jersey, state prosecutors said. In the run-up to the 2017 election, Cabry created Citizens for Cabry, a PAC overseen by his niece, the grand jury said. Its reports reflected personal reimbursements to Cabry through debit cards linked to the PAC’s bank account. Those reimbursements included ATM withdrawals at Delaware Park Casino, Dover Downs Casino, and Bally’s Resort and Casino, as well as stays at hotels near those casinos, the grand jury said.
Pennsylvania – Courtright: ‘I should have known better.’
Citizen’s Voice – Joseph Kohut | Published: 10/2/2020
The former mayor of Scranton, Pennsylvania, has been sentenced to seven years in federal prison on charges he shook down businesses for bribes and campaign contributions. Bill Courtright resigned last year as mayor of the city of 78,000 and pleaded guilty to bribery, extortion, and conspiracy. Prosecutors say Courtright took bribes from a company that had a contract with the city to collect delinquent taxes and garbage fees.
Pennsylvania – Judge Dismisses Suit by Top Pa. Senator’s Campaign Against Spotlight PA Journalist, Others
Philadelphia Inquirer – Mike Wereschagin (The Caucus) | Published: 10/7/2020
A judge dismissed a lawsuit filed by Pennsylvania Senate President Pro Tempore Joseph Scarnati’s campaign against a Spotlight PA reporter and The Caucus and one of its journalists. Scarnati’s campaign wanted The Caucus, and reporters Brad Bumsted, and Angela Couloumbis to pay its accounting firm $5,070 for producing and copying public records that documented questionable campaign spending by Scarati. It also wanted the trio to pay $1,000 in attorneys’ fees and court costs. But Magisterial District Court Judge Jacqueline Mizerock ruled Scarnati’s campaign, not the journalists, should be on the hook for the costs the accounting firm incurred.
Rhode Island – Speaker Mattiello Isn’t the One on Trial for Money Laundering Today. But His Reputation Could Be.
Boston Globe – Edward Fitzpatrick | Published: 10/4/2020
Little-known Democratic political operative Jeffrey Britt is on trial for money laundering and making an illegal campaign contribution, but much of the focus will be on someone who is not on trial: House Speaker Nicholas Mattiello. Britt’s lawyer says Leo Skenyon, Mattiello’s chief of staff, told Britt to persuade a defeated Republican candidate to endorse Mattiello instead of the candidate from her own party who was seeking to unseat the speaker in 2016. Britt has pleaded not guilty to the charge he illegally funneled money to her to pay for a mailer that carried her endorsement. If Skenyon knew what he was doing, Britt maintains, then so did the Mattiello campaign. Of the three men, only Britt is charged. But Britt’s attorney is determined to put Mattiello on trial.
South Carolina – High Court Reinstates S. Carolina Ballot Witness Requirement
Associated Press News – Jessica Gresko | Published: 10/6/2020
The U.S. Supreme Court reinstated a requirement that South Carolina residents voting by mail in November’s election get a witness to sign their ballots. Democrats had sought to have the requirement put on hold because of the coronavirus pandemic, but Republicans had defended it as deterring fraud. While the high court reinstated the requirement as a lawsuit over it proceeds, voters have already started returning ballots. More than 200,000 absentee ballots have been mailed and 18,000 returned, according to the state’s election commission. The court said any ballots cast before the court’s action on October 5 “and received within two days of this order may not be rejected for failing to comply with the witness requirement.”
Texas – Gov. Greg Abbott Limits Counties to One Absentee Ballot Drop-Off Location, Bolstering GOP Efforts to Restrict Voting
Texas Tribune – Emma Platoff | Published: 10/1/2020
Gov. Greg Abbott threw the weight of his office behind Republican efforts to limit options for Texas voters who want to hand-deliver their completed absentee ballots for the November election, a rebuke to some large, Democratic counties that have set up multiple drop-off locations in what they call an effort to maximize voter convenience. The governor issued a proclamation directing counties to designate just one location for ballot drop-offs and allowing political parties to install poll watchers to observe the process. With the U.S. Postal Service warning of potential delays, many Texans are eager to deliver their completed absentee ballots in person.
Texas – Texas Supreme Court Rules Harris County Cannot Mail Out Ballot Applications to All Registered Voters
CNN – Ashley Killough and Veronica Stracqualursi | Published: 10/7/2020
The Texas Supreme Court ruled Harris County, one of the largest in the country, cannot mail out applications for absentee ballots to all of its 2.4 million registered voters. The ruling is the latest blow for Democrats and voting rights groups who have pushed for Texas to expand vote-by-mail access amid the coronavirus pandemic. Republicans have blocked their efforts in favor of stricter measures that they argue ensure the integrity of the electoral process. The decision blocks Harris County Clerk Chris Hollins from sending out applications for mail-in ballots to every registered voter in the county even if they may be ineligible for absentee voting, including in Houston, the state’s largest city and a Democratic stronghold.
Washington DC – Mayor Bowser Has $219,000 in Her Fund for Needy Residents. During the Pandemic, She Has Given $0.
Washington Post – Fenit Nirappil | Published: 10/5/2020
District of Columbia Mayor Muriel Bowser and city council Chairperson Phil Mendelson have not made a single donation this year from the special charitable funds they control, even as the coronavirus pandemic has left thousands of city residents jobless and businesses scrambling to stay afloat. Bowser has $219,000 in her constituent services fund, while Mendelson has nearly $136,000, mostly from leftover campaign money. Six other council members have accumulated a total of $39,000 but spent only $7,000 since the virus arrived in the region in March. Watchdogs, who have long criticized the constituent service program because it allows individuals and special-interest groups to give money to politicians outside of campaign season, say there is no shortage of organizations and residents in need of financial assistance, and elected officials should be more proactive.
West Virginia – WV State Ed Official Urged SAT Seller to Hire Former GOP Chairman to ‘Neutralize’ ACT Lobbyist
Charleston Gazette-Mail – Ryan Quinn | Published: 10/2/2020
West Virginia’s assistant schools superintendent for testing successfully urged the seller of the SAT test to hire the state Republican Party’s former chairperson as a lobbyist. Assistant Superintendent Jan Barth said Conrad Lucas would, as she put it in an email, “neutralize” a lobbyist for the competing ACT test. This means Barth, who oversees statewide learning standards, in addition to standardized testing, recommended the hiring of a legislative representative for an organization, the College Board, that is paid roughly $1 million annually by Barth’s agency. The College Board might seek to extend that contract in the future.
October 2, 2020 •
News You Can Use Digest – October 2, 2020
![News You Can Use Digest – October 2, 2020](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal Amy Coney Barrett, a Disciple of Justice Scalia, Is Poised to Push the Supreme Court Further Right Washington Post – Michael Kranish, Robert Barnes, Shawn Boburg, and Ann Marimow | Published: 9/26/2020 The declarations of political war started coming fast […]
National/Federal
Amy Coney Barrett, a Disciple of Justice Scalia, Is Poised to Push the Supreme Court Further Right
Washington Post – Michael Kranish, Robert Barnes, Shawn Boburg, and Ann Marimow | Published: 9/26/2020
The declarations of political war started coming fast as President Trump announced his nomination of Judge Amy Coney Barrett to the U.S. Supreme Court. By the time she had finished her speech accepting the nomination, less than 30 minutes later, more than a dozen groups supporting and opposing her nomination had announced, or were poised to announce, advertising and grassroots advocacy campaigns that were expected to bombard airwaves, Facebook feeds, and Senate inboxes. If activists’ fervor and spending commitments hold, the battle over Barrett’s nomination could near $40 million in spending, and potentially much more, and help define the final five weeks of the presidential campaign.
Courts View GOP Fraud Claims Skeptically as Democrats Score Key Legal Victories Over Mail Voting
MSN – Elise Viebeck (Washington Post) | Published: 9/28/2020
A review by The Washington Post of nearly 90 state and federal voting lawsuits found judges have been broadly skeptical as Republicans use claims of voter fraud to argue against ensuring votes cast by mail are counted and protecting the wide distribution of mail ballots in some states. In no case did a judge back President Trump’s view, refuted by experts, that fraud is a problem significant enough to sway a presidential election. Some of the wins have been preliminary. In many cases, judges issued split decisions, granting some of the changes sought by liberal plaintiffs and otherwise maintaining the status quo as favored by Republicans. But The Post found judges appointed by Republicans and Democrats alike have been dubious of GOP arguments that lowering barriers to mail voting could lead to widespread fraud.
Ethics Watchdog Seeks Stronger Powers to Police Rules Covering Public Officials
Irish Times – Jack Horgan-Jones | Published: 9/30/2020
Ireland’s ethics watchdog said she hopes the government will strengthen its powers to police “revolving-door” rules in a review announced in the wake of controversy regarding former minister Michael D’Arcy’s move to the private sector. The new powers would include the right to seize documents and compel testimony from people suspected of breaching the rules, which stipulate a 12-month waiting period before former ministers or senior officials join the private sector. Sherry Perrault, head of ethics and regulation at the Standards in Public Office Commission, said she welcomed the announcement of a review of the post-employment provisions of the Regulation of Lobbying Act.
False G.O.P. Ad Prompts QAnon Death Threats Against a Democratic Congressman
New York Times – Catie Edmonson | Published: 9/30/2020
U.S. Rep. Tom Malinowski is facing down death threats from QAnon supporters after the House Republicans’ campaign arm falsely accused him of lobbying to protect sexual predators. QAnon supporters began targeting Malinowski after he led a bipartisan resolution condemning the movement, which spreads a baseless conspiracy theory that President Trump is battling a cabal of Democratic pedophiles. QAnon believers seized on an advertisement released by the campaign arm, the National Republican Congressional Committee, that falsely claimed Malinowski, then a lobbyist for Human Rights Watch, worked to block a provision in a 2006 crime bill that would have expanded registration requirements for sex offenders.
Florida Republican Cooperating with Campaign Finance Probe
Associated Press News – Staff | Published: 9/24/2020
The U.S. Justice Department is investigating former U.S. Rep. Ileana Ros-Lehtinen, who is accused of spending at least $50,000 in campaign money on vacations and restaurant and luxury hotel bills. The department’s Public Integrity Section is looking into the expenditures, which includes a 2017 trip to Walt Disney World with her children and grandchildren, rooms at a Ritz-Carlton resort, and a New Year’s Eve meal at a high-end seafood restaurant.
Judges Propose Making Disclosure of Their Personal Details a Crime
Politico – Josh Gerstein | Published: 9/24/2020
Judge Amy Coney Barrett, President Trump’s nominee for the U.S. Supreme Court, has drawn widespread attention for her reported membership in People of Praise, a largely Catholic, charismatic religious group. Judge Barbara Lagoa is a longtime member of the Federalist Society, a conservative legal group. Those details, easily found in numerous news stories about the potential Supreme Court nominees, could become illegal for media outlets or anyone else to publish on the internet under a proposal federal judges sent to Congress. Under the suggested legislation, lawmakers would grant judges extraordinary latitude to decide what personal information to exclude from the public eye.
Long-Concealed Records Show Trump’s Chronic Losses and Years of Tax Avoidance
New York Times – Russ Buettner, Susanne Craig, and Mike McIntire | Published: 9/27/2020
Donald Trump paid $750 in federal income taxes the year he won the presidency. In his first year in the White House, he paid another $750. He had paid no income taxes at all in 10 of the previous 15 years, largely because he reported losing much more money than he made. As the president wages a re-election campaign that polls say he is in danger of losing, his finances are under stress, beset by losses and hundreds of millions of dollars in debt coming due that he has personally guaranteed. Also hanging over him is a decade-long audit battle with the IRS over the legitimacy of a $72.9 million tax refund he claimed and received after declaring huge losses. An adverse ruling could cost him more than $100 million. The tax returns Trump has fought to keep private tell a story fundamentally different from the one he has sold to the American public.
Michael Flynn Judge Emphasizes He Is Not a ‘Rubber Stamp’ in Justice Dept. Bid to Drop Prosecution
Washington Post – Spencer Hsu and Ann Marimow | Published: 9/29/2020
U.S. District Court Judge Emmitt Sullivan began scrutinizing the Justice Department’s bid to dismiss the criminal case against Michael Flynn, the former Trump national security adviser who pleaded guilty to lying to federal investigators. Sullivan emphasized his role is not to serve as a “rubber stamp” when it comes to reviewing Attorney General William Barr’s questionable request to toss the prosecution of the highest-ranking Trump adviser charged in special counsel Robert Mueller’s Russia investigation. The climactic confrontation could help define the limits of executive- and judicial-branch powers and promises to provide legal and political drama before an election in which Flynn’s contentious prosecution has electrified Trump’s supporters and opponents.
Political Groups Begin Dueling Over Barrett in a Costly Clash
New York Times – Kenneth Vogel, Maggie Haberman, and Jeremy Peters | Published: 9/27/2020
The declarations of political war started coming fast as President Trump announced his nomination of Judge Amy Coney Barrett to the U.S. Supreme Court. By the time she had finished her speech accepting the nomination, less than 30 minutes later, more than a dozen groups supporting and opposing her nomination had announced, or were poised to announce, advertising and grassroots advocacy campaigns that were expected to bombard airwaves, Facebook feeds, and Senate inboxes. If activists’ fervor and spending commitments hold, the battle over Barrett’s nomination could near $40 million in spending, and potentially much more, and help define the final five weeks of the presidential campaign.
Ransomware Attacks Take on New Urgency Ahead of Vote
MSN – Nicole Perloth and David Sanger (New York Times) | Published: 9/27/2020
A company that sells software cities and states use to display results on election night was hit by ransomware, the latest of nearly a thousand such attacks over the past year against small towns, big cities, and the contractors who run their voting systems. Many of the attacks are conducted by Russian criminal groups, some with shady ties to President Vladimir Putin’s intelligence services. While Tyler Technologies does not tally votes, it is used by election officials to aggregate and report them in at least 20 places around the country, making it exactly the kind of soft target the Department of Homeland Security, the FBI, and United States Cyber Command worry could be struck by anyone trying to sow chaos and uncertainty on election night.
Some Democrats Worry Millions Flowing from Super PACs Prioritize White Swing Voters Over Minorities
Washington Post – Michelle Ye Hee Lee | Published: 9/25/2020
Some Democratic strategists are raising the alarm about the millions of dollars being spent by super PACs in support of Joe Biden, saying too much is being spent on White swing voters while not enough is being devoted to driving up turnout among voters of color. The complaints are perennial, but they carry new resonance this year, as Biden has struggled to inspire enthusiasm among young Black voters and Latinos. The Democratic concerns come a more than $150 million has already been spent by the main super PACs supporting Biden, some of which have made it part of their strategy to win back supporters of former President Barack Obama who pivoted in 2016 to Trump.
Trump Incessantly Interrupts and Insults Biden as They Spar in Acrimonious First Debate
Washington Post – Anne Gearan, Philip Rucker, and Annie Linskey | Published: 9/30/2020
The presidential campaign devolved into chaos and acrimony as President Trump incessantly interrupted and insulted Democratic nominee Joe Biden while the two sparred over the economy, the coronavirus pandemic, the Supreme Court, and race relations in their first debate. The most anticipated event on the fall campaign calendar was an uncontrollable spectacle of badgering and browbeating, of raised voices and hot tempers. Trump;s interjections and jeers, some of them false and made in an apparent effort to fluster Biden, landed with such ferocity that moderator Chris Wallace pleaded multiple times with the president to follow the agreed-upon debate rules.
Trump’s Debts and Foreign Deals Pose Security Risks, Former Intelligence Officials Say
MSN – Greg Miller and Yeganeh Torboti (Washington Post) | Published: 9/28/2020
Former intelligence officials and security experts said revelations about President Trump’s tax records raise profound questions about whether he should be trusted to safeguard U.S. secrets and interests. The records show Trump has continued to make money off foreign investments and projects while in office; foreign officials have spent lavishly at his Washington, D.C. hotel and other properties; and despite this revenue he is hundreds of millions of dollars in debt with massive payments coming due. Trump faces the need for a substantial infusion of cash in the coming years to avert potential financial crisis. As a result, officials and experts said Trump has made himself vulnerable to manipulation by foreign governments aware of his predicament and put himself in a position in which his financial interests and the nation’s priorities could be in conflict.
U.S. Chamber of Commerce Abruptly Ousts Top Political Consultant Scott Reed, Alleging Leaks
Washington Post – Tom Hamburger | Published: 9/29/2020
Scott Reed, the veteran Republican political consultant, was fired by the U.S. Chamber of Commerce as the organization’s political director amid allegations he leaked confidential information. Reed helped pilot the chamber’s well-funded congressional election strategy for more than a decade. The chamber’s spending on congressional races has for years eclipsed those of other business trade associations. In addition to donations to candidates, the chamber has a national grassroots organizing effort engaging local business leaders.
When Your Job Is to Make Sure Nov. 3 Isn’t a Disaster
New York Times – Dionne Searcey | Published: 9/30/2020
Secretaries of state, who serve as the top elections officials in most states in what is usually a partisan elected position, are in charge of managing a chaotic, disinformation-prone, pandemic-plagued presidential vote that none of them envisioned when they took office. That a sitting president has become the chief sower of distrust in the election process has added new levels of exasperation for the officials whose days have already been spent rushing from top-secret briefings on thwarting Russian and Chinese disinformation campaigns to making sure enough hand sanitizer is available at hundreds of polling places.
Women Rise on K Street – Slowly
The Hill – Alex Gangitano | Published: 9/28/2020
Lobbying firms and corporate government relations offices with strong female representation have existed over time, though they are rare. Today, more women are rising in the ranks or opening their own shops to slowly balance the playing field. Lobbying is a typical next step for lawmakers after leaving Congress. But men dominate the pool of former members who have moved to K Street. Of The Hill’s top lobbyists of 2019 list, about one-third of the corporate lobbyists recognized are women.
From the States and Municipalities
Alaska – Alaska Mining Executive Resigns a Day After Being Caught on Tape Boasting of His Ties to GOP Politicians
Washington Post – Juliet Eilperin | Published: 9/25/2020
Mining executive Tom Collier, who boasted in secretly taped conversations he had leveraged his ties to Republican officials to advance a controversial project in Alaska, resigned. Collier, chief executive officer of the Pebble Limited Partnership, offered his resignation a day after the Environmental Investigation Agency (EIA) released recordings of Zoom calls in which he talked of currying favor with the White House and Alaska lawmakers to win federal approval for a massive gold and copper mine. Speaking to EIA investigators, who were posing as possible investors in the project, he touted his effort to funnel money to Republican politicians in Alaska and defeat those who sided with Democrats against the mine.
Arizona – Court Reopens Door to ‘Dark Money’ in Arizona Political Races
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 9/29/2020
The Arizona Court of Appeals ruled the state Legislature was within its rights to decide that any group the IRS has classified as non-profit does not have to disclose its donors, even if it uses the money to finance independent expenditures to elect or defeat candidates. That change overturned the ability of the Citizens Clean Elections Commission to determine whether the group was really a charity or only a thinly disguised PAC, which disclose donors. The ruling also allows political parties to spend unlimited amounts on behalf of their candidates without disclosure, among other provisions.
California – California NAACP President Aids Corporate Prop Campaigns – Collects $1.2 Million and Counting
CalMatters – Laurel Rosenhall | Published: 9/25/2020
As leader of the California NAACP, Alice Huffman has weighed in with positions in the ballot handbook critics say run counter to the historic organization’s mission to advance racial equality. What the guide does not tell voters is Huffman’s political consulting firm has been paid more than $1.2 million so far this year by ballot measure campaigns she or the group has endorsed. Huffman’s dual roles as both a paid campaign consultant and leader of a civil rights group amount to an unusual, but legal, arrangement. Huffman’s approach – making money from the campaigns that also wind up with an NAACP seal of approval – is stirring controversy in some Black communities. Critics say it appears the endorsement of the renowned organization is essentially up for sale.
California – Porter Ranch Lobbyist Pleads Guilty in LA City Hall Bribery Scheme
Los Angeles Daily News – City News Service | Published: 9/30/2020
Lobbyist and former Los Angeles City Hall official Morrie Goldman pleaded guilty to conspiring with now-suspended Councilperson Jose Huizar in a bribery scheme. Goldman was a lobbyist for a company which had a pending development project in the city’s Arts District. He and others established two PACs, one of which purportedly supported a variety of causes but actually was created to primarily benefit the city council campaign of a relative of Huizar’s who was planning to run for his council seat. Goldman admitted he agreed with Huizar and an executive at the company that the developer would contribute $50,000 to a PAC established to support the relative’s campaign. In exchange, Huizar would vote against a union appeal of the company’s project in the Planning and Land Use Management Committee, which he chaired at the time.
Florida – Felon Voting: Forcing fees to be paid not an issue for some wealthy felons
Palm Beach Post – John Pacenti | Published: 9/29/2020
Republicans have called for a criminal investigation into vote-buying after a $16 million contribution from New York billionaire Michael Bloomberg to the Florida Rights Restoration Coalition to pay legal financial obligations of felons. The state indicated it does not have the wherewithal to verify felons who register have actually paid their obligations by the general election on November 3. While a federal judge in Tallahassee found Gov. Ron DeSantis’ financial requirement for felons was unconstitutional, the 11th U.S. Circuit Court of Appeals sided with the governor, saying they were part of completing any prison sentence. “This disproportionately impacts the poor and keeps them disenfranchised, but if you are wealthy, you re-enfranchised,” said Michael Barfield, president of the American Civil Liberties Union of Florida.
Florida – JEA Bidder Florida Power and Light Discussed Donating to Charities Led by City Council Members
Florida Times Union – Christopher Hong | Published: 9/29/2020
A month after JEA announced last July it would soon be for sale, Florida Power and Light (FPL) executives held a meeting with the lobbyists helping with the politics of the company’s effort to buy the city-owned utility. Among the assignments the lobbyists received at the meeting: find charities with close ties to Jacksonville City Council members, who would have to vote on any deal to sell JEA. FPL’s game plan included a “charitable giving” component, according to documents obtained by a council committee investigating the failed sale. The documents provide a behind-the-scenes glimpse at how FPL planned to use its financial muscle to strengthen its bid to buy JEA and win community support by financially supporting high-profile events, educational institutions, and nonprofits tied to public officials.
Georgia – Choudhary Sentenced to Jail for Bribing Atlanta Official to Win Airport Contract
Rome News-Tribune – Everett Catts | Published: 9/29/2020
As part of the federal government’s corruption investigation of Atlanta, a businessperson was sentenced to nearly two years in prison for bribing a city official to secure a contract at Hartsfield-Jackson Atlanta International Airport. Hayat Choudhary, chief executive officer of Atlanta Airport Shuttle Services, paid $20,000 in cash to a Department of Procurement official to secure a contract at the airport.
Illinois – 3 Ethics Board Exits Later, Cook County Commissioners Unveil First Draft of Ethics Code Reforms
Chicago Tribune – Alice Yin | Published: 9/24/2020
After a nine-month lag in the Cook County ethics board’s plan to revise the ethics ordinance, as well as three member exits, the Board of Commissioners unveiled a bundle of proposed reforms that mostly won the approval of two ousted ethics board chairpersons. The changes are based on revisions the ethics board voted in favor of in January despite objection from Cook County Board President Toni Preckwinkle’s office that more time was needed to examine the language. Since then, two members reluctantly left after Preckwinkle opted not to reappoint them, and a third resigned in protest.
Illinois – Former ComEd VP Pleads Guilty, Agrees to Cooperate with Feds in Bribery Case Orbiting House Speaker Michael Madigan
Chicago Tribune – Jason Meisner | Published: 9/29/2020
Fidel Marquez, the former senior vice president of governmental affairs at Commonwealth Edison (ComEd), pleaded guilty to one count of bribery conspiracy, the first criminal conviction in an ongoing corruption investigation in Illinois. ComEd has been charged with bribery and has entered into a deferred prosecution agreement. It will pay a $200 million fine and cooperate with investigators in exchange for the charges being dropped in three years. The plea agreement says Marquez conspired with others to solicit jobs, contracts, and monetary payments for House Speaker Michael Madigan and his associates to influence legislation beneficial to ComEd.
Illinois – Legislative Hearings into Madigan Reveal New Details About the ComEd Bribery Scheme
WBEZ – Dave McKinney and Tony Arnold | Published: 9/29/2020
Lawyers representing Commonwealth Edison (ComEd) told a legislative panel how the utility repeatedly engaged in bribery to influence Illinois House Speaker Michael Madigan. The committee weighing potential misconduct charges against the speaker heard the most public airing so far about the lengths ComEd went to curry favor with Madigan, including revelations the scheme was wider than previously disclosed. The company has admitted to showering no-work contracts on members of Madigan’s political team and even putting one ally on the company’s board to illegally bolster its standing with the speaker.
Illinois – Top Lightfoot Adviser on Intergovernmental Affairs to Marry Chicag Alderman, Raising Ethical Concerns from City Staff
Chicago Tribune – Gregory Pratt and John Byrne | Published: 9/26/2020
A top legislative adviser to Chicago Mayor Lori Lightfoot is marrying Ald. Jim Gardiner, raising concerns from some of the mayor’s staff about the ethical implications of the relationship. Lightfoot’s senior adviser for legislative counsel and government affairs, Samantha Fields, has been dating Gardiner for months and they plan to get married in October. Chicago Board of Ethics Executive Director Steve Berlin said city employees and officials are only prohibited from supervising a spouse.
Indiana – Indiana Casino Executive Charged in Illegal Campaign Scheme
Associated Press News – John Davies | Published: 9/29/2020
A top executive of an Indiana casino company that is building a $400 million casino in Gary was indicted on federal charges of illegally funneling campaign contributions to a former state lawmaker’s unsuccessful congressional campaign. The indictment charges Spectacle Entertainment vice president John Keeler and former Indiana Sen. Brent Waltz with taking part in a scheme to direct more than $25,000 in illegal corporate contributions through straw donors to Waltz’s 2016 campaign.
Maryland – HUD Inspectors Find Ben Carson’s Actions Didn’t Benefit Son in Baltimore Deals, but Had the ‘Appearance’ of Ethical Issues
Baltimore Sun – Meredith Cohen | Published: 9/29/2020
The inspector general’s office for the U.S. Department of Housing and Urban Affairs ((HUD) released an investigative report that found no evidence HUD Secretary Ben Carson used his position to benefit his son’s business interests in Baltimore, but he “could have done more to avoid the appearance that he was not complying with federal ethics regulations.” The investigation stems largely from a 2017 “listening tour” in the city by Carson, a former neurosurgeon at the Johns Hopkins Hospital. The report said the inspector general’s office received “multiple complaints” the HUD secretary allowed his son to invite companies and individuals to participate in the tour to advance his own financial interests.
Massachusetts – Former Massachusetts Senate President Stanley Rosenberg Returns to Beacon Hill as Lobbyist
MSN – Matt Murphy (State House News Service) | Published: 9/24/2020
When Stanley Rosenberg left Beacon Hill in the spring of 2018 under less than desirable circumstances, no one could say for sure if or when he might resurface after a career spent in public service. But Rosenberg, who once ascended the political platform in Massachusetts to become the first openly gay and Jewish president of the Senate, is back, and in a position that he never imagined for himself. He is a lobbyist. He resigned more than two years ago after an investigation into the activities of his husband, Bryon Hefner, including allegations he sexually assaulted four men. While the Ethics Committee did not find Rosenberg violated any Senate rules or allowed Hefner to influence Senate business, the committee recommended barring Rosenberg from any leadership positions or committee chairs for one term.
Missouri – Voters See ‘Unfair’ Ballot Language on Cleaner Missouri in Two Counties
Springfield News-Leader – Austin Huguelet | Published: 9/24/2020
Voters in at least two Missouri counties got absentee ballots recently with a key error. Clerks in Buchanan and Vernon counties had ballots with the wrong language describing Amendment 3, which asks voters to reverse changes they made to the state’s redistricting process two years ago. Two courts threw out language written by the Legislature as unfair and rewrote it in August. But Buchanan County Clerk Mary Baack-Garvey and Vernon County Clerk Mike Buehler said their ballots were mistakenly printed with the old language, prompting them to request reprinting with the correct language.
New York – Appeals Court Judges Skeptical of Trump Effort to Block Release of Financial Info
Politico – Josh Gerstein and Kyle Cheney | Published: 9/25/2020
President Trump’s drive to block Manhattan prosecutors from accessing a large swath of his tax and financial records got a chilly reception from a federal appeals court. Three judges on the Second Circuit U.S. Court of Appeals repeatedly questioned Trump attorney William Consovoy’s claim that Manhattan District Attorney Cy Vance’s grand jury subpoena for Trump’s records was “overbroad” and issued in retaliation for the Trump organization’s resistance to an earlier demand for Trump’s tax returns. Rather, they said, it was Consovoy who seemed to be misconstruing long-settled understandings about how grand jury subpoenas and investigations work.
New York – City Council Ethics Committee Moves to Expel Bronx Councilmember Andy King
Gothamist – David Cruz | Published: 9/29/2020
The New York City Council’s Committee on Standards and Ethics took the rare step of recommending expelling Councilperson Andy King following another lengthy investigation into allegations of inappropriate comments, taking bribes, and skirting a $15,000 fine from another prior investigation. The committee determined King asked for a $2,000 kickback from a staffer, and ignored a previously issued $15,000 penalty for a 2019 inquiry that resulted in a 30-day suspension and an office monitor. He has yet to pay for the fine despite being offered a payment plan. The committee also substantiated a harassment claim against King, which alleged he made inappropriate comments to a female staffer in September 2017.
Ohio – Ohio Republican Party Pulls Attack Ad After Realizing It Attacked the Wrong Person
Cleveland Plain Dealer – Andrew Tobias | Published: 9/28/2020
The Ohio Republican Party pulled an ad that falsely attacked state Rep. Phil Robinson for being sued over an unpaid debt from 1999. Along with a picture of Robinson, the ad read, “Phil Robinson can’t manage his own finances …. Can we trust him with ours?” It included a link to a website that has since been taken down. But the site showed information about a 1999 case filed in Cleveland Municipal Court against someone named Phil Robinson. It was a different Phil Robinson.
Pennsylvania – Pennsylvania Republicans Ask Supreme Court to Stop Voting Accommodations
Washington Post – Robert Barnes | Published: 9/28/2020
Pennsylvania’s Republican legislative leaders asked the U.S. Supreme Court to stop a decision by the state’s high court to count mail-in ballots received up to three days after Election Day. The Pennsylvania Supreme Court ruled in Democrats’ favor on a number of mail-voting rules: permitting voters to turn in ballots via drop box in addition to using the U.S. Postal Service; allowing ballots to be returned up to three days after Election Day; and blocking a Republican effort to allow partisan poll watchers to be stationed in counties where they do not live.
Rhode Island – Judge Upholds R.I. Campaign Finance Law; Conservative Groups Appeal
Providence Journal – Patrick Anderson | Published: 9/29/2020
A federal judge rejected a bid to invalidate a portion of Rhode Island’s campaign finance laws, but conservative groups seeking to launch anonymous political campaigns have filed an appeal. U.S. District Court Judge Mary McElroy dismissed a lawsuit that argued the state’s disclosure laws for independent campaign expenditures are unconstitutional. Under Rhode Island law, any person or organization spending $1,000 or more to benefit a candidate or an outcome in a ballot referendum must disclose it to the Board of Elections, even if they are not coordinated with a campaign. The plaintiffs argued that donors, businesses, and organizations should be afforded a “safe space” to engage in political speech without fear their actions will face pushback, as long as it is not coordinated with individual candidates.
Tennessee – Tennessee Registry of Election Finance Violated Open Meetings Act with Secret Vote
The Tennessean – Mariah Timms | Published: 9/25/2020
A judge ruled the Tennessee Registry of Election Finance violated open meetings law when it voted by email to reduce a state lawmaker’s fines in April. Davidson County Chancellor Ellen Hobbs Lyle rejected the state’s argument the vote was inconsequential and therefore unnecessary to be taken in public. The secret vote involved a settlement of penalties that could have kept Rep. Joe Towns from being eligible to run for office on the eve of the eligibility deadline. Towns faced more than $66,000 in penalties owed to the registry and the state Ethics Commission for failing to file certain documents.
Washington – Freed Agrees to Civil Penalty to Resolve Campaign Finance, Reporting Violations
Tacoma News Tribune – Alexis Krell | Published: 9/25/2020
A former Republican gubernatorial candidate and current write-in candidate for lieutenant governor agreed to a civil penalty with the Washington Public Disclosure Commission. Joshua Freed’s 2020 gubernatorial campaign repaid him at least $450,000 of a $500,000 loan he made to the campaign, which violated a $6,000 repayment limit. He agreed to a $50,000 penalty, with half of it suspended as long as he does not have further violations.
West Virginia – Legislators Raise Concerns Over Lack of Oversight on Governor’s Grant Awards
Charleston Gazette-Mail – Phil Kabler | Published: 9/30/2020
Legislative leadership is abdicating its appropriations powers by allowing West Virginia Gov. Jim Justice to award more than $20 million to date in CARES Act Small Business Grants without oversight, said Mick Bates, minority chairperson of the House Finance Committee. Since July, Justice has handed out more than 4,000 grants, most for $5,000, but some $2,000 grants to sole proprietors, out of $1.25 billion in federal CARES Act pandemic relief funds the state received. Some of those grants have drawn scrutiny, including $5,000 grants Justice awarded to VIP Gentlemen’s Club, a strip club in Martinsburg, and to legislative lobbyist Larry Puccio, who clientele includes Justice’s Greenbrier resort.
Wisconsin – Appellate Court Halts Wisconsin Ballot-Counting Extension
Associated Press News – Todd Richmond | Published: 9/27/2020
A federal appeals court temporarily halted a six-day extension for counting absentee ballots in Wisconsin’s presidential election, a momentary victory for Republicans and President Trump in the key battleground state. As it stands, ballots will now be due by eight p.m. on Election Day. A lower court judge had sided with Democrats and their allies to extend the deadline until November 9. Democrats sought more time to help deal with an expected historic high number of absentee ballots.
September 25, 2020 •
News You Can Use Digest – September 25, 2020
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National/Federal Behind Trump’s Turkish ‘Bromance’: Lev Parnas, oligarchs and a lucrative lobbying deal NBC News – Aubrey Belford, Adam Klasfeld, Andrew Lehren, and Dan De Luce | Published: 9/22/2020 On January 19, 2017, Turkey’s foreign minister, Mevlüt Çavusoglu, sat down with […]
National/Federal
Behind Trump’s Turkish ‘Bromance’: Lev Parnas, oligarchs and a lucrative lobbying deal
NBC News – Aubrey Belford, Adam Klasfeld, Andrew Lehren, and Dan De Luce | Published: 9/22/2020
On January 19, 2017, Turkey’s foreign minister, Mevlüt Çavusoglu, sat down with Brian Ballard, a well-connected lobbyist serving as vice chair of Donald Trump’s inaugural committee. Also at the table were the two men who set up the meeting: Mübariz Mansimov, a shipping magnate now in a Turkish jail facing terrorism charges, and Lev Parnas, a colorful businessperson whose backchannel dealings in Ukraine would, two years later, feature prominently in Trump’s impeachment. The meeting, which has never before been disclosed, marked the start of Turkey’s ambitious lobbying of the Trump administration that involved back-channels, Russian-linked oligarchs, and Parnas. The lunch eventually led to multi-million-dollar contracts for Ballard Partners to lobby on behalf of Turkey and President Recep Tayyip Erdogan.
Campaigns Adjust as Voters Cast Ballots Before Election Day
Roll Call – Bridget Bowman | Published: 9/17/2020
More voters are expected to cast their ballots by mail or in person before Election Day this year due to concerns about crowding at polling places amid the coronavirus pandemic. For campaigns and outside groups, a surge in early voting, by mail or in person, means there is less time to get their messages out to voters. But it also means they need to spend more time on turnout efforts. In past election cycles, the end of summer was the unofficial start of campaign season, when political ads started to blanket the airwaves. But that has not been the case this year.
Chamber to Lay Off a Dozen Employees, Expand Advocacy Efforts Amid Coronavirus Pandemic
The Hill – Alex Gangitano | Published: 9/17/2020
The U.S. Chamber of Commerce, the biggest spender on federal lobbying, is laying off 12 employees as part of a restructuring that the group’s insiders say will also aim to expand its policy advocacy. Most of the laid-off employees were tied to the operation of the group’s building, across from the White House, or to putting on in-person events. Chamber of Commerce President Suzanne Clark said the organization will accelerate efforts to be a leader in virtual events. She also announced Executive Vice President Neil Bradley will oversee a new umbrella group called Strategic Advocacy, with three divisions – government affairs, policy, and political affairs and federal relations.
DeVos Under Investigation for Potentially Violating Hatch Act Because of Fox News Interview
Politico – Daniel Lippman and Michael Stratford | Published: 9/21/2020
The Office of the Special Counsel (OSC) has started investigating Education Secretary Betsy DeVos for potentially violating the Hatch Act after she criticized Joe Biden in a Fox News interview and her agency promoted it through official channels. The law prohibits most political activity by federal employees, but the Trump administration has not paid much attention to it, even hosting parts of the Republican National Convention at the White House with multiple Cabinet members giving primetime addresses. At least 12 Trump senior officials violated the Hatch Act, according to the OSC. In most cases, the office decided the violation was minor enough to merit only a warning letter. Only one case, that of former senior counselor Kellyanne Conway, was sent to President Trump for action, and he did not act on it.
How Republicans Are Trying to Use the Green Party to Their Advantage
New York Times – Maggie Haberman, Danny Hakim, and Nick Corasaniti | Published: 9/22/2020
With President Trump trailing Joe Biden in most national and swing-state polls, Republicans are again trying to help third parties that may appeal to Democratic voters and siphon off votes from Biden. This is taking place alongside a broader pattern of disinformation and skepticism by the president and his allies that has sown confusion and undermined confidence in the election. Republican efforts to aid the Green Party are not new. In 2016, a billionaire backer of Trump, Bernie Marcus, the co-founder of Home Depot, provided support to Jill Stein, the Green candidate, according to people with knowledge of the strategy, who said the effort was done with the knowledge of some officials at the Trump campaign and its chairperson at the time, Paul Manafort.
Judges in D.C. Threatened, Harassed After High-Profile, Political Legal Battles
Washington Post – Ann Marimow | Published: 9/18/2020
In the last three years, the number of threats tracked by the U.S. Marshals Service has dramatically increased as attacks targeting federal judges and their rulings have proliferated on social media. The animosity directed at judges is particularly persistent in Washington, D.C. with legal battles over President Trump’s financial records and access to secret material from Robert Mueller’s Russia investigation. Deputies recorded about 4,500 “inappropriate” communications or threats directed a judges and other court officials, an increase of 40 percent from fiscal 2016. It is a crime to threaten a federal judge, but not every nasty message or social media post is considered a threat and deputies must balance free speech considerations.
Pelosi Unveils Watergate-Style Anti-Corruption Reforms – Tailored for the Trump Era
Politico – Kyle Cheney | Published: 9/23/2020
House Speaker Nancy Pelosi and her top lieutenants unveiled a sweeping anti-corruption package they are billing as a successor to post-Watergate reforms, updated for a potential post-Trump Washington. The measure, a 158-page Democratic wish list that includes curbs on pardons for close associates of the president, a requirement for campaigns to publicly report many foreign contacts, and a requirement for courts to prioritize congressional subpoenas, is House leaders’ version of an antidote to what they see as weaknesses in democratic government exposed by President Trump.
Pentagon Used Taxpayer Money Meant for Masks and Swabs to Make Jet Engine Parts and Body Armor
MSN – Aaron Gregg and Yeganeh Torboti (Washington Post) | Published: 9/22/2020
The CARES Act passed by Congress in March granted the Department of Defense $1 billion to both prevent and get ready to respond to the coronavirus. Months after the funding was allocated, Pentagon lawyers concluded the money could be used for defense production, including projects that had little to do with responding to the pandemic, Hundreds of millions of the taxpayer money was utilized to obtain military supplies, such as jet engine parts, body armor, dress uniforms, and other needs. The payments were made even though U.S. health officials think major funding gaps in pandemic response remain.
Republican Inquiry Finds No Evidence of Wrongdoing by Biden
MSN – Nicholas Fandos (New York Times) | Published: 9/23/2020
An investigation by Senate Republicans into corruption allegations against Joe Biden and his son, Hunter, involving Ukraine found no evidence of improper influence or wrongdoing by the former vice president, closing out an inquiry its leaders had hoped would tarnish the Democratic presidential nominee. The investigation found Hunter Biden had “cashed in” on his father’s name to close lucrative business deals around the world. It also concluded his work for Burisma Holdings, a Ukrainian energy company then mired in a corruption scandal, while the former vice president was directing American policy toward Kyiv had given the appearance of a conflict-of-interest. But a report summing up the findings contained no evidence Joe Biden improperly manipulated American policy toward Ukraine or committed any other misdeed.
Ruth Bader Ginsburg’s Death Brings New Uncertainty to the Battle Over Voting Rights in 2020
MSN – Elise Viebeck and Ann Marimow (Washington Post) | Published: 9/21/2020
The vacancy left by Supreme Court Justice Ruth Bader Ginsburg came just over six weeks before the election, a critical point in a campaign already defined by hundreds of lawsuits over voting rules and an outsize role for the courts in determining how ballots are distributed, cast, and counted. As Democrats and voting rights advocates seek to lower barriers to voting during the pandemic, the Supreme Court has largely deferred to local and state officials, showing a reluctance to upend rules close to the election. Legal experts disagree about whether the blizzard of election-related lawsuits this year makes it more or less likely that the Supreme Court could end up playing a role in determining the winner of the presidential race, as it effectively did in 2000.
The Russian Trolls Have a Simpler Job Today. Quote Trump.
New York Times – David Sanger and Zolan Kanno-Youngs | Published: 9/22/2020
Four years ago, when Russian intelligence agencies engaged in a systematic attempt to influence the American presidential election, the disinformation they fed voters required some real imagination at the troll farms producing the ads. This year, their task is much easier. They are largely amplifying misleading statements from President Trump, mostly about the dangers of mail-in ballots. That campaign is at the heart of the disinformation efforts that FBI Director Christopher Wray warned Congress was meant “to both sow divisiveness and discord: and “to denigrate” Joe Biden.
Trump Says He Will Move ‘Without Delay’ to Fill Ginsburg’s Supreme Court Seat
Washington Post – Robert Barnes, Seung Min Kim, and Josh Dawsey | Published: 9/19/2020
President Trump said he will nominate a woman to fill Justice Ruth Bader Ginsburg’s seat on the U.S. Supreme Court, opening a ferocious political battle that could transform the nation’s highest court and alter the presidential election. Even as flags were lowered to half-staff and mourners filled the plaza of the Supreme Court where Ginsburg served for 27 years as a liberal icon, the president and Senate Majority Leader Mitch McConnell contemplated her successor. Trump said he prefers a Senate vote before the election. A Trump replacement for Ginsburg can hardly be overstated in its implications for the court’s docket, the influence of Chief Justice John Roberts and perhaps even the outcome of the election, if what is shaping up to be one of the most contentious presidential elections in history ends up before the justices.
Trump’s Businesses Charged Secret Service More Than $1.1 Million, Including for Rooms in Club Shuttered for Pandemic
Washington Post – David Fahrenthold and Josh Dawsey | Published: 9/17/2020
President Trump’s properties have charged the U.S. government more than $1.1 million in private transactions since Trump took office, including for room rentals at his Bedminster, New Jersey, club this spring while it was closed for the coronavirus pandemic, new documents show. The receipts and invoices shed new light on the unprecedented relationship Trump has with his own government, where Trump’s presidential travel brings a stream of public money to the private businesses the president still owns. When Trump and his family members visit Trump properties, aides and Secret Service agents follow. When those federal employees rent rooms, Trump’s businesses get the revenue. Taxpayers foot the bill.
US Judge Blocks Postal Service Changes That Slowed Mail
Associated Press News – Gene Johnson | Published: 9/18/2020
U.S. District Court Judge Stanley Bastian blocked Postal Service changes that have slowed mail nationwide, calling them “a politically motivated attack on the efficiency of the Postal Service” before the November election. He said he was issuing a nationwide preliminary injunction sought by 14 states that sued the Trump administration and the U.S. Postal Service. The states challenged the Postal Service’s so-called leave behind policy, where trucks have been leaving postal facilities on time regardless of whether there is more mail to load. They also sought to force the Postal Service to treat election mail as first-class mail. Many more voters are expected to vote by mail this November because of the coronavirus pandemic.
Watchdog Group Calls on FEC to Investigate Donations to Trump and Others by Relatives and Associates of Louis DeJoy
Washington Post – Aaron Davis | Published: 9/18/2020
A pattern of campaign contributions by former employees and family members of Postmaster General Louis DeJoy indicates a possible effort to reimburse his associates for donations as recently as 2018, according to an FEC complaint. It has been reported DeJoy and his aides urged employees at New Breed Logistics, his former company, to write checks and attend fundraisers on behalf of Republican candidates. The Campaign Legal Center (CLC) said an analysis of more recent contributions shows a portion of the employees who gave in clusters at New Breed continued to do so after the company was acquired by XPO Logistics, where DeJoy served as an executive. Donations among some XPO employees continued in similar or identical amounts, on the same days, and were made to the same candidates, the CLC found.
From the States and Municipalities
Alabama – Former Alabama Sen. David Burkette Gets Probation, $3K Fine in Campaign Finance Case
Montgomery Advertiser – Brad Harper | Published: 9/21/2020
Former Alabama Sen. David Burkette was sentenced to 12 months of probation and ordered to pay a $3,000 fine but avoided jail time for misusing campaign finance funds. State prosecutors said Burkette failed to deposit $3,625 in campaign donations between April 2015 and January 2016, when he was running for Montgomery City Council, and instead deposited them into his personal bank account. The crime carries a maximum penalty of one year in jail and a $6,000 fine. Burkette resigned from the Senate as part of a plea deal. In turn, the state agreed not to pursue additional charges.
Alaska – In Secret Tapes, Mine Executives Detail Their Sway Over leaders from Juneau to the White House
MSN – Juliet Eilperin (Washington Post) | Published: 9/22/2020
Two top executives of a company trying to build the Pebble Mine in Alaska boasted about their influence over public officials in the state and Washington, D.C. in videotapes secretly recorded by an environmental group. It was a rare glimpse into the private discussions surrounding the company’s campaign to win federal permits for the project, which environmentalists say will destroy a pristine part of Alaska and decimate its salmon fishery. The U.S. Army Corps of Engineers found in July the project would have “no measurable effect” on the area’s fish populations, but informed Pebble Limited Partnership it had to do more to show how it would offset the damage caused by the operation. Even as the executives jump through several regulatory hoops, they focused on wooing Republican politicians. In the taped conversations, they detailed their plan to manage all the decision-makers.
California – California Prison Guard Union Places Bull’s-Eye on Black Lawmaker’s Photo in Political Ad
Los Angeles Times – Anita Chabria | Published: 9/17/2020
The union representing California prison guards posted pictures and video online of a new political ad announcing its intent to “target” state Assemblyperson Reggie Jones-Sawyer, obscuring the Black lawmaker’s face with a bull’s-eye and drawing criticism the image amounted to a threat. The incident highlights mounting acrimony in Los Angeles and across the country between law enforcement and those who seek police reforms, and it comes days after two Los Angeles County sheriff’s deputies were ambushed by a gunman, leading Sheriff Alex Villanueva to warn that “words have consequences.”
California – CalPERS Board Supportive of Move to Restrict Investments by Top Staff
Sacramento Bee – Wes Venteicher | Published: 9/17/2020
California Public Employees’ Retirement System (CalPERS) board members expressed support for a proposal to limit personal investments by future chief investment officers. The board weighed in on a plan that would force its chief investment officers to divest from some or all of their investments or place them in a blind trust as a condition of employment. They expect to consider a specific proposal from the system’s staff in November. The proposal follows the sudden departure of former Chief Investment Officer Ben Meng, who was the subject of an ethics complaint after approving a $1 billion CalPERS investment with a firm in which he held stock. The Fair Political Practices Commission is investigating a complaint related to Meng’s investments.
California – LA City Council Aims to Increase Accountability of Development Process
Los Angeles Daily Breeze – City News Service | Published: 9/23/2020
A Los Angeles City Council committee advanced several proposals intended to create more oversight and transparency of city development projects in response to recent corruption cases. One of the proposals the Rules, Elections and Intergovernmental Relations Committee approved was to develop policies that would expand the requirements for when council members have a conflict-of-interest and must exclude themselves from voting on certain projects. These standards would be the same ones used by the Los Angeles County Metropolitan Authority. The committee also approved a motion for full council consideration to seek ways to require any meetings between developers and individual council members be disclosed if they are held outside of a public forum.
California – San Bernardino to Cap Campaign Contributions at $4,700 Per Individual Per Election
San Bernardino Sun – Brian Whitehead | Published: 9/21/2020
San Bernardino intends to follow legislation that on January 1 sets a $4,700 limit on how much an individual can give a candidate per election. There presently are no restrictions on such contributions. City staffers had reported Assembly Bill 571 would institute a yearly cap on campaign donations. A majority of the city council supported the bill’s guidelines, but Mayor John Valdivia vetoed the move. After further review, city staffers reported the $4,700 limit is per election, not per year.
Florida – Florida AG Calls for Criminal Inquiry into Bloomberg’s $16M Felon Voter Donation
Politico – Matt Dixon and Gary Fineout | Published: 9/23/2020
Florida Attorney General Ashley Moody asked state and federal law enforcement officials to investigate “potential violations of election laws” over Michael Bloomberg’s decision to help pay felons’ fines, fees, and restitution to be eligible to vote in the state. The move comes two weeks before Florida’s voter registration deadline and 12 days after a federal appeals court upheld a restrictive new state law that requires former felons to clear court debts before registering to vote. The Florida Rights Restoration Coalition set up a fund to help people pay their court debts. Bloomberg recently announced he helped the group raise $16 million. State Chief Financial Officer Jimmy Patronis asked the FEC to investigate whether Bloomberg is “breaking the law by giving direct cash for voters.”
Illinois – Alderman Lavished with Cash, Luxury Trips by Program for Caribbean Med Students
Chicago Sun-Times – Tim Novak | Published: 9/18/2020
A Chicago doctor is suing his business partner, Theresa Shaw, accusing her of “looting” more than $3.7 million from their business to finance an “extravagant lifestyle” and to lavish Ald. George Cardenas with luxurious trips, an expensive watch, and a monthly stipend for consulting services. Cardenas had been hired to drum up business for Omni Medical Student Training, which places students from Caribbean medical schools in residency programs with Chicago hospitals. The alderman was not very successful in getting hospitals to sign up, though, according to the suit. City Hall Inspector General Joseph Ferguson questioned Siaw earlier this year as part of an investigation into Cardenas’ campaign finances.
Illinois – Cook County Board of Ethics Appoints New Chair After Previous Two Ousted Amid Earlier Shakeups
Chicago Tribune – Alice Yin | Published: 9/17/2020
The board in charge of enforcing Cook County’s ethics ordinance ushered in a new chairperson, the third to hold the position this year after a series of recent shake-ups. Thomas Szromba, currently the longest serving of four members seated on the Cook County Ethics Board, was voted in without opposition. Szromba’s appointment came during the board’s first meeting since the pandemic and after Cook County Board President Toni Preckwinkle ousted the two previous chairs, Margaret Daley and Juliet Sorensen. Daley has said she wondered whether their attempts to roll out proposed reforms to the ethics ordinance irked Preckwinkle.
Illinois – CUB’s ‘Conflict’: How a utility watchdog got millions from the utilities it watches
WBEZ – Dave McKinney and Dan Mihalopoulos | Published: 9/21/2020
After winning Illinois lawmakers’ support for a multibillion-dollar piece of legislation in 2016, Commonwealth Edison (ComEd) decided to celebrate with a pair of invitation-only events. At the second, more exclusive soiree, ComEd’s retiring top lobbyist was being toasted for getting the bill passed and for a long career in and around state government. The guest list included executives from ComEd. There were also company lobbyists and House Speaker Michael Madigan, whose son was also invited. But there was another invitee who stood out. David Kolata and the organization he has led for 15 years, the Citizens Utility Board, are supposed to be thorns in the side of ComEd. But in 2016, Kolata’s consumer advocacy group instead sided with the power companies, enabling them to boost ratepayers’ electricity bills by billions of dollars over a decade to subsidize underperforming nuclear plants.
Illinois – Former State Sen. Terry Link Pleads Guilty to Tax Evasion Charge in Federal Court
Chicago Tribune – Jason Meisner | Published: 9/16/2020
Former state Sen. Terry Link to pleaded guilty to a federal count of filing a false tax return, marking the latest conviction in a series of wide-ranging investigations against Illinois Democratic political leaders. While the felony conviction capped a swift fall from grace for Link, his case is far not over. It was reported Link agreed to wear a wire for the FBI in a bribery investigation of then-state Rep. Luis Arroyo in exchange for what Link hopes will be leniency at sentencing. Link’s plea agreement said he listed his 2016 income as $264,450 when in fact it was at least $358,000. It is unclear where Link’s income came from that year. Link and other lawmakers went much of that year without pay because then-state Comptroller Leslie Munger withheld their salaries amid the long-running budget standoff.
Kentucky – Kentucky GOP Lawmaker Indicted on Assault, Accused of Strangling Woman with Ethernet Cable
Washington Post – Teo Armus | Published: 9/21/2020
As a freshman legislator, Kentucky Rep. Robert Goforth joined his colleagues to pass a bill that would make it easier to prosecute strangulation. That same bill, now a state law after it passed at the urging of domestic violence advocates, became a factor in his own case. A grand jury indicted Goforth, a former candidate for governor, on one count of first-degree strangulation and one count of assault. Earlier this year, a woman said Goforth strangled her with an ethernet cable to the point where she had trouble breathing and threatened to “hog tie” her, according to a police report.
Louisiana – In Parting Shot, Resigning New Orleans IG Says Audubon Institute Possibly Made Unlawful Deals
Nola.com – Jessica Williams | Published: 9/18/2020
In one of the last reports of his career in New Orleans, Inspector General Derry Harper rapped the private Audubon Nature Institute for spending almost $1 million over two recent years in deals he said might be unlawful. Harper said the institute spent $416,000 on federal lobbying contracts, deals that could violate rules that he said bar agencies from using public dollars to influence politicians. Another $579,570 the institute paid to employees in commissions on top of their regular salaries could run afoul of state rules meant to prevent conflicts-of-interest.
Maryland – Baltimore Could End Contract with Pugh-Connected Financier After IG Details Failure to Disclose Donations to Her
Baltimore Sun – Talia Richman | Published: 9/22/2020
Baltimore’s top lawyer will recommend the city consider ending its contract with Grant Capital Management after the city’s inspector general found troubling omissions in the company’s bid for a lucrative contract regarding founder J.P. Grant’s donations to former Mayor Catherine Pugh. The investigation was spurred by revelations about Grant’s role in Pugh’s “Healthy Holly” children’s book scandal. Grant wrote Pugh checks for $170,000, according to federal prosecutors, despite knowing she was illegally funneling the funds into her campaign and toward buying a bigger house. Grant Capital Management has an agreement to help city agencies pay for large contracts. The company quickly provides money upfront to pay for capital projects, with the city paying it back with interest over time.
Minnesota – Preparing Minnesotans of Color to Wield More Power at the Capitol
MPR News – Melissa Townsend | Published: 9/22/2020
Aarcia Coleman was part of a surge in the number of Minnesotans of color running for elected office in August. Although she lost the primary, she credits a program with helping her prepare for her foray into politics and igniting a passion for influencing policy. Coleman graduated from the Amherst H. Wilder Foundation’s Community Equity Program, a free, nine-month program specifically for Black, Native American people, and people of color to get to know the lay of the land at the Capitol. Her cohort spent nearly a year getting to know their way around the buildings, the underground tunnel system, the policymaking protocols, and the culture of the place. By the end of the program, Coleman, who was seeking to be the first Black woman elected to the state Senate in its history, said she felt comfortable being in those halls of power.
Mississippi – Gov. Tate Reeves’ Inaugural Nonprofit Has Dissolved. Where Did the Money Go?
Jacson Clarion-Ledger – Giacomo Bologna | Published: 9/23/2020
Less than a year after soliciting thousands of dollars from secret donors, the nonprofit that paid for the inauguration of Mississippi Gov. Tate Reeves has dissolved and it is unclear where its funds went. For All Mississippi’s filing documents show it was created for a political purpose – the 2020 inauguration of Reeves and his transition to office – but nonprofits are shielded from the normal disclosure laws for political organizations. There is no contribution cap, public disclosure of donors, and no public accounting of how the money was spent.
New Jersey – Two NM Groups Pushed to Disclose Political Spending
Albuquerque Journal – Dan Boyd | Published: 9/21/2020
A group that sent out political advertisements targeting several progressive Democrats in the run-up to the June primary election has been ordered to disclose its donors. Secretary of State Maggie Toulouse Oliver recently directed the Council for a Competitive New Mexico to make the disclosure within 10 days or face possible civil penalties. The group reported spending more than $134,000 on campaign mailers, radio ads, and phone calls in support of five incumbent Democratic senators, with some of that money also being spent on mailers that targeted four of their primary election opponents. But the Council for a Competitive New Mexico did not disclose its funding sources for the campaign-related expenditures, which is required in most cases under state law.
New York – Judge: Eric Trump must give NY deposition before election
Associated Press News – Michael Sisak | Published: 9/23/2020
President Trump’s son Eric has until October 7 to speak to New York investigators probing his family’s business practices, a judge ruled rejecting his lawyers’ contention that his “extreme travel schedule” on the campaign trail warranted a delay until after the November election. State Judge Arthur Engoron said Eric Trump, an executive at the family’s Trump Organization, had no legal basis to postpone a subpoena seeking his deposition testimony under oath, concluding that neither the probe nor the court were “bound by the timelines of the national election.”
New York – New York Ethics’ Panel Renews Search for a Leader
Albany Times Union – Chris Bragg | Published: 9/18/2020
After 15 months without an executive director, the Joint Commission on Public Ethics (JCOPE) re-posted the job listing for the position, a sign the marathon search for a new top staffer is not yet close to a finish. In March, six JCOPE members called on the panel’s chairperson, Michael Rozen, to conduct a search for an “independent” executive director amid longstanding criticism the commission’s leadership and operations have been too closely aligned with Gov. Andrew Cuomo and the Legislature. The last executive director, Seth Agata, was before his appointment a counsel to Cuomo.
New York – Trump Could Be Investigated for Tax Fraud, D.A. Says for First Time
New York Times – Benjamin Weiser and William Rashbaum | Published: 9/21/2020
The Manhattan district attorney’s office, which has been locked in a legal battle with President Trump over obtaining his tax returns, suggested for the first time in a court filing that it had grounds to investigate him and his businesses for tax fraud. The filing by the office of the district attorney, Cyrus Vance Jr., offered rare insight into the office’s investigation of the president and his business dealings, which began more than two years ago. The inquiry has been stalled by the fight over a subpoena the office issued for eight years of Trump’s tax returns.
Ohio – Dems Blast Bogus FirstEnergy PAC Campaign Report
Youngstown Business Journal – Staff | Published: 9/19/2020
FirstEnergy’s PAC wrote $158,000 worth of checks to Ohio politicians in the weeks before an FBI corruption probe was disclosed. But those checks were never sent, the company said. The contributions were detailed on an August 20 campaign finance report, but several politicians said they had no record of receiving the money. FirstEnergy spokesperson Jennifer Young said donations were made and recorded but were held “out of an abundance of caution” after the announcement of the investigation into Larry Householder and others. She said the checks are recorded in the PAC’s report once they are put into the accounting system to generate a check. Young said the PAC was catching up “after several months of limited contributions due to the lack of fundraising events during the coronavirus shutdown.”
Pennsylvania – Alarm Grows Over ‘Naked Ballot’ Ruling in Pennsylvania
The Hill – Max Greenwood | Published: 9/22/2020
Pennsylvania election officials and voting rights advocates are sounding the alarm over a state Supreme Court ruling ordering officials to toss out “naked ballots,” warning the decision could cause widespread voter disenfranchisement and a legal controversy following the November elections. The ruling on so-called naked ballots – mail ballots returned to election offices without an inner secrecy envelope – carries potentially sweeping electoral ramifications for a state that President Trump won in 2016 by only 44,000 votes and that Joe Biden now sees as a critical part of his path to the White House.
Pennsylvania – Pennsylvania Supreme Court Rules Green Party Will Not Appear on State’s 2020 General Election Ballot
ABC News – Alicia Weirsema | Published: 9/17/2020
The Pennsylvania Supreme Court ruled the Green Party presidential ticket would not be included on the state’s general election ballot this year. The move comes three days after the Wisconsin Supreme Court similarly decided Howie Hawkins and his running mate, Angela Walker, would not be on their state’s ballot. Hawkins and Walker were replacing another set of Green Party candidates on the ticket, but the submitted documents for the initial candidates’ filing were inadequate which ultimately barred those candidates, and their replacements, from appearing on the ballot. The ruling clears the way for Pennsylvania officials to begin certifying ballots, which they previously were unable to do due to a lack of a finalized candidate list. Once the ballots are certified, they can be printed and disseminated to voters across the state.
South Carolina – Wearing Masks at the SC Capitol Is Required, but Many Found a Way Around the Order
Charlotte Observer – Maayan Schechter | Published: 9/20/2020
Anyone who enters a state government building in South Carolina is required to wear a mask. But inside the state’s top government building, lawmakers and members of the public flouted the rule recently. Though Gov. Henry McMaster’s authority does not extend into chambers, protesters without masks inside told statehouse security they could not wear a mask, invoking the health exemption in the governor’s order. One lawmaker repeatedly coughed into a tissue, her mask cradling her chin, as others observed, and a handful of other lawmakers walked around their respective chambers without any masks on at all. Security and law enforcement watched, unable to take any action.
Virginia – Virginia Legislator Who Tested Positive for Coronavirus Warned His Church, but House Colleagues Say They Weren’t Informed
Washington Post – Laura Vozzella | Published: 9/22/2020
The day after Thomas Wright Jr. tested positive for the coronavirus, his office sent an email to Victoria Christian Church, warning fellow worshipers the Virginia delegate might have unwittingly exposed them. But House Speaker Eileen Filler-Corn said neither Wright nor his office officially notified his fellow legislators, who had met with him a week earlier when the House convened for one day in a basketball arena before moving the rest of a special legislative session to an online format.
Washington DC – D.C. Official Who Sought Howard Job After Negotiating a Tax Break for School Fined $2,500
Washington Post – Fenit Nirappil | Published: 9/21/2020
A former high-ranking District of Columbia government official was fined $2,500 by the city ethics board for his involvement in legislation providing a $225 million tax break for Howard University on the same day he discussed taking a job at the university. Former city administrator Rashad Young “inadvertently committed a technical violation” of the ethics code when he rejected amendments to increase the tax break hours after the university president spoke to him about creating a job for him, according to the Board of Ethics and Government Accountability. The board found it was inappropriate for Young to be involved in matters at all while in active job discussions with the university. But his actions did not benefit Howard in its bid to build a university hospital with taxpayer support.
September 18, 2020 •
News You Can Use Digest – September 18, 2020
![News You Can Use Digest – September 18, 2020](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal At U.S.A.I.D., Juggling Political Priorities and Pandemic Response New York Times – Laura Jakes and Pransu Verma | Published: 9/13/2020 Political intervention has roiled the United States Agency for International Development (USAID), an agency that prides itself as leading the […]
National/Federal
At U.S.A.I.D., Juggling Political Priorities and Pandemic Response
New York Times – Laura Jakes and Pransu Verma | Published: 9/13/2020
Political intervention has roiled the United States Agency for International Development (USAID), an agency that prides itself as leading the humanitarian response to disasters, conflict, and other emergencies around the world. As President Trump campaigns for re-election and the coronavirus has claimed almost 200,000 lives nationwide, the USAID has been micromanaged by the White House and the State Department. That has prompted critics to say the intervention has slowed pandemic relief efforts to some places, weaponized aid in other areas to chastise Trump administration adversaries, and disengaged the U.S. from the World Health Organization’s coronavirus response.
Barr Accuses Justice Department of Headhunting and Meddling with Politics
Washington Post – Devlin Barrett and Matt Zapotosky | Published: 9/16/2020
Attorney General William Barr delivered a scathing critique of his own Justice Department on, insisting on his absolute authority to overrule career staffers, who he said too often injected themselves into politics and went “headhunting” for high-profile targets. The attorney general directly addressed the criticism that has been building for months inside the department toward his heavy hand in politically sensitive cases, particularly those involving associates of President Trump. Barr’s comments were remarkable in that the head of the Justice Department catalogued all the ways in which he thought his agency had gone astray over the years, and in its current formulation harms the body politic.
Court-Appointed Adviser in Michael Flynn Case Says Justice Dept. Yielded to Corrupt ‘Pressure Campaign’ Led by Trump
Washington Post – Spencer Hsu | Published: 9/11/2020
A retired federal judge accused the Justice Department of yielding to a pressure campaign led by President Trump in its bid to dismiss the prosecution of former national security adviser Michael Flynn for lying to federal investigators. Former U.S. District Court Judge John Gleeson, who was appointed by the court to argue against the government’s request to dismiss the case, called Attorney General William Barr’s request to drop Flynn’s case a “corrupt and politically motivated favor unworthy of our justice system.” Gleeson’s filing set the stage for a potentially dramatic courtroom confrontation September 29 with the Justice Department and Flynn’s defense over the fate of the highest-ranking Trump advisor to plead guilty in special counsel Robert Mueller’s investigation.
Criminal Probe Opened into John Bolton Book
Politico – Josh Gerstein | Published: 9/15/2020
A federal grand jury is investigating potential disclosures of classified information in the book former national security adviser John Bolton published over objections from the Trump administration. The development signals Bolton may face much more severe legal trouble than just the pending lawsuit that seeks to strip him of the proceeds from “The Room Where It Happened,” the tell-all account that generated a slew of critical press coverage for President Trump. The judge assigned to that suit rejected the Justice Department’s bid to block publication of the book, but said Bolton appeared to have deliberately violated nondisclosure agreements he signed and could face criminal jeopardy.
Democrats Used to Rail Against ‘Dark Money.’ Now They’re Better at It Than the GOP.
NBC News – Alex Seitz-Wald | Published: 9/11/2020
Watchdogs are concerned with super PACs, which can accept donations of unlimited size but must reveal the names of their donors and regularly disclose their activity. But they are more worried about “dark money” groups: nonprofit organizations that cannot be as explicitly political as super PACs but can keep their donors secret forever and do not have to reveal much about activities before elections. While concerns about campaign finance reform that once animated Democratic voters have been eclipsed by the desire to oust President Trump, advocates are left to wonder if the party can really be trusted to follow through on its promises to dismantle a system that may help them get elected.
Devin Nunes’ Legal Setbacks Pile Up, but His Lawsuits Go On with Appeals and New Filings
Fresno Bee – Kate Irby | Published: 9/14/2020
U.S. Rep. Devin Nunes has had little success in the battery of lawsuits he filed against media organizations and critics, but his efforts are running up legal bills for the groups he considers his adversaries. Altogether, Nunes has filed seven lawsuits against media organizations, anonymous online critics, and other political actors. The only case that has concluded is one his campaign filed and dropped against a retired farmer in Nunes’ congressional district who challenged the Nunes’ description of himself as a farmer in materials sent to voters. Judges have dismissed or greatly diminished three of the cases. Each time, Nunes appealed the decision or attempted to file an amended complaint to restart the case.
Justice Dept. Watchdog to Review Handling of Roger Stone Sentencing Recommendation
Washington Post – Matt Zapotosky | Published: 9/14/2020
The Justice Department’s internal watchdog has begun reviewing the controversial handling of the sentencing recommendation for Roger Stone, a longtime friend of President Trump who was convicted of lying to the House Intelligence Committee during its investigation of Russian interference in the 2016 election. Stone’s treatment has long drawn criticism from legal observers and lawmakers who said Attorney General William Barr seemed to be inappropriately affording favorable treatment to a friend of the president. Earlier this year, when Stone was still awaiting his sentence, Barr personally intervened to overrule the sentencing recommendation career prosecutors had offered to the court, prompting all four of them to withdraw from the case.
Nora Dannehy, Connecticut Prosecutor Who Was Top Aide to John Durham’s Trump-Russia Investigation, Resigns Amid Concern About Pressure from Attorney General William Barr
Hartford Courant – Edmund Mahoney | Published: 9/11/2020
Federal prosecutor Nora Dannehy, a top aide to U.S. Attorney John Durham in his Russia investigation, has quietly resigned, at least partly out of concern the investigative team is being pressed for political reasons to produce a report before its work is done, colleagues said. Durham recruited Dannehy to join his team after he was appointed by Attorney General William Barr to examine the FBI’s legal justification for a disputed counterintelligence investigation that looked for ties between President. Trump’s 2016 campaign and Russian efforts to meddle in the election.
Postal Service and State Officials Feud Over Mail Voting as Election Looms
New York Times – Kenneth Vogel, Haley Fuchs, Nick Corasaniti, and Luke Broadwater | Published: 9/16/2020
The Postal Service postcard urging voters to “plan ahead” if they intended to vote by mail seemed innocuous enough. But not to Colorado Secretary of State Jena Griswold, who sued the agency to halt its delivery, arguing the mailer was filled with misinformation that would disenfranchise voters in her state. Such is the toxic state of the relationship between some state and local election administrators in both parties and the Postal Service six weeks before Election Day, as officials throughout the country scramble to prepare for what is expected to be an unprecedented flood of mail-in ballots in an extraordinary pandemic-era election. The feuding suggests a pre-emptive blame game between the nation’s mail-delivery agency and those charged with administering and counting the vote.
Pro-Trump Youth Group Enlists Teens in Secretive Campaign Likened to a ‘Troll Farm,’ Prompting Rebuke by Facebook and Twitter
MSN – Isaac Stanley-Becker (Washington Post) | Published: 9/15/2020
Social media messages have been emanating in recent months from the accounts of young people in Arizona seemingly expressing their own views, standing up for President Trump in a battleground state and echoing talking points from his reelection campaign. Far from representing a genuine social media groundswell, however, the posts are the product of a sprawling yet secretive campaign that experts say evades the guardrails put in place by social media companies to limit online disinformation of the sort used by Russia during the 2016 campaign. Teenagers, some of them minors, are being paid to pump out the messages at the direction of Turning Point Action, an affiliate of Turning Point USA, the prominent conservative youth organization based in Phoenix, according to people with independent knowledge of the effort.
Russian Hackers Targeting U.S. Campaigns, Microsoft Says
Associated Press – Frank Bajack | Published: 9/10/2020
Microsoft said the same Russian military intelligence outfit that hacked the Democrats in 2016 has renewed vigorous U.S. election-related targeting, trying to breach computers at more than 200 organizations including political campaigns and their consultants. The intrusion attempts reflect an increased effort to infiltrate the American political establishment, the company said. Most of the hacking attempts by Russian, Chinese, and Iranian agents were halted by Microsoft security software and the targets notified. Microsoft did not assess which foreign adversary poses the greater threat to the integrity of the November presidential election. The consensus among cybersecurity experts is Russian interference is the gravest. Senior Trump administration officials have disputed that, although without offering any evidence.
Trump Officials Interfered with CDC Reports on Covid-19
Politico – Dan Diamond | Published: 9/11/2020
The Department of Health and Human Services’ politically appointed communications aides have demanded the right to review and seek changes to the Centers for Disease Control and Prevention’s (CDC) weekly scientific reports charting the progress of the coronavirus pandemic, in what officials characterized as an attempt to intimidate the reports’ authors and water down their communications to health professionals. In some cases, emails from communications aides to CDC Director Robert Redfield and other senior officials openly complained the agency’s reports would undermine President Trump’s optimistic messages about the outbreak, according to emails.
Twitter Steps Up Its Fight Against Election Misinformation
Washington Post – Elizabeth Dwoskin | Published: 9/10/2020
Twitter announced it is expanding its policies against election-related misinformation, setting new rules that will likely force the platform to more aggressively fact-check President Trump during the final months of the 2020 campaign. Trump has more than 85 million Twitter followers, and the company has previously flagged misleading claims from the president, including the assertion that mail-in ballots are fraudulent. Twitter’s expanded policies come as social media has become the central electoral information battlefield, as the coronavirus pandemic has drastically limited traditional rallies and door-to-door campaigning. The tech companies have heeded the advice of experts who predict the election result may not be settled quickly in part because of mail-in ballots this year, leading to potential confusion about who wins.
Unions Dealt Major Blow With 1st Circuit Ruling on Lobbying Dues
Courthouse News Service – Thomas Harrison | Published: 9/15/2020
A three-judge panel of the First U.S. Circuit Court of Appeals upheld a National Labor Relations Board ruling that said private-sector unions cannot charge non-members for costs related to lobbying. The U.S. Supreme Court held that public-sector unions cannot force dissenting employees to contribute to them at all because this would violate the First Amendment. That decision overruled more than 40 years of precedent. But the First Amendment does not apply in the private sector, where a union-security agreement can force dissenters to pay for union activities that relate to collective bargaining, contract administration, or handling grievances. The First Circuit panel ruled lobbying does not fall into any of those categories.
Will COVID-19 Close the Revolving Door?
Roll Call – Kate Ackley | Published: 9/15/2020
A new assessment of congressional staffing, concludes that relatively low compensation, leading to high turnover among aides, fuels the dysfunction and diminished clout of today’s legislative branch. But with the economic uncertainty caused by the coronavirus pandemic and the political turmoil of this year’s elections, has the private sector lost some of its sheen for these aides? Is the revolving door from Congress to K Street still a viable option for congressional aides looking to cash in?
Canada
Canada – Canada’s Ethics Czar Says Former Envoy to Washington Broke Conflict-of-Interest Law in His Work for Palantir
Politico – Angy Blatchford | Published: 9/16/2020
Canada’s ethics watchdog says former U.S. ambassador David MacNaughton broke conflict-of-interest law and is ordering nine senior government officials, including Deputy Prime Minister Chrystia Freeland, to cease all official dealings with him for one year. Conflict of Interest and Ethics Commissioner Mario Dion published the order following his investigation of MacNaughton, a close ally of Prime Minister Justin Trudeau. The probe was launched amid complaints about MacNaughton’s interactions with cabinet ministers and other key officials after leaving his ambassador’s job to take on a senior role last year with data analytics firm Palantir.
From the States and Municipalities
Alabama – Former Alabama Senator Pleads Guilty to Campaign Finance Violation
AL.com – Mike Cason | Published: 9/15/2020
Former Alabama Sen. David Burkette agreed to plead guilty to a misdemeanor count of misusing his campaign checking account and resign from the Senate, according to a plea deal. Burkette agreed to pay a $3,000 fine and to not run for or accept a public office for 10 years. The plea agreement says that when Burkette was a candidate for the Montgomery City Council he intentionally put $3,625 in campaign funds in his personal checking account.
California – 13 Years After Indictment, No Trial or Plea Deal for California Charter Academy Defendants
San Bernardino Sun – Beau Yarbrough | Published: 9/11/2020
On September 4, 2007, San Bernardino County prosecutors indicted former Hesperia Mayor Tad Honeycutt and California Charter Academy founder Charles Steven Cox on suspicion of misappropriating $5.5 million in state and federal funds. Thirteen years later, they have never been tried, have not taken a plea deal, and their case has never been dismissed. The case has faced years of delays, due in part to its complexity and Honeycutt’s political connections, and now complicated by the coronavirus pandemic, according to Chief Assistant District Attorney Michael Fermin, the prosecutor on the case.
California – San Bernardino Mayor Vetoes Council-Approved Cap on Campaign Contributions
San Bernardino Sun – Brian Whitehead | Published: 9/10/2020
San Bernardino Mayor John Valdivia vetoed legislation that on would have set a yearly $4,700 limit on how much someone can give a candidate for county or city office. The item is expected to be taken up again in October. Signed into law last fall, Assembly Bill 571 on January 1 will set the default contribution limit at $4,700 per year per individual for cities and counties without their own laws regulating campaign donations. Jurisdictions can adopt their own rules before then to avoid defaulting to the limits already in place for state Assembly and Senate candidates.
California – San Diego Ethics Commission Taps Deputy City Attorney as New Chief
San Diego Union Tribune – David Garrick | Published: 9/16/2020
San Diego’s Ethics Commission, which oversees the city’s campaign and election laws, selected a deputy city attorney with expertise in those areas to serve as the commission’s new executive director. Sharon Spivak, a former journalist and private sector attorney, will replace longtime Executive Director Stacey Fulhorst if the city council approves the selection. Fulhorst is scheduled to retire in February after more than 17 years leading the agency. Spivak is expected to start work in early November, which would allow for a three-month overlap and transition period.
Colorado – A Nonprofit Tied to Colorado Gov. Jared Polis Shifts Focus to Advocacy and Raise Ethics Concerns
Colorado Sun – John Frank | Published: 9/14/2020
Colorado Gov. Jared Polis formed Boldly Forward Colorado, a nonprofit organization that can accept unlimited personal and corporate contributions and not disclose its donors, after he won the 2018 election in order to help him recruit members of his administration and form the policy platform for his first term. Now, it has shifted its focus to support efforts to lower the cost of living in the state, including expanding access for early childhood education and addressing rising health care costs. The language echoes the governor’s policy priorities, and his ties to such a group raise concerns with watchdogs who suggest it amounts to a “shadow governance group.” The move comes as the governor campaigns for a key 2020 ballot initiative to achieve one of his campaign promises and two years before he faces reelection.
Connecticut – Report: Public financing has added women, minority legislators in CT
San Francisco Chronicle – Ken Dixon (Connecticut Post) | Published: 9/14/2020
About 85 percent of candidates for the General Assembly used public funds to seek office in 2018, helping to make Connecticut’s Citizens Election Program a national model, according to a new analysis by Common Cause. The watchdog group said the law fostered competitive races, advanced progressive public policy, and landed more women and minorities in the Legislature. The report found that in the 2018 races, 99 percent of candidate funding came from individuals, with minuscule amounts from other sources. In 2006, nearly half of the $9.3 million raised by candidates came from lobbyists, PACs, and other entities.
Florida – County Commissioners Move Forward with Changes to Lobbying Regulations
Tallahassee Reports – Lexie Pitzen | Published: 9/16/2020
The Leon County Commission approved an ordinance amending lobbying regulations. The ordinance clarifies definitions related to lobbying and who qualifies as a lobbyist. It also outlines new regulation enforcement models, including processes for filing and investigating complaints as well as guidelines for lobbying violation penalties. The ordinance modifies lobbyist exemptions.
Florida – Florida Felons Lose Voting Rights Case in Federal Appeals Court
Tampa Bay Times – Lawrence Mower | Published: 9/11/2020
A federal appeals court overturned a judge’s ruling that people with felony convictions do not have to pay off all court fees and fines before voting. The U.S. Court of Appeals for the 11th Circuit ruled plaintiffs did not prove a violation of the U.S. Constitution. The plaintiffs included more than a dozen people with felony convictions who accused Gov. Ron DeSantis and Florida lawmakers of imposing a “poll tax” by requiring them to pay off all court-ordered costs relating to their felony convictions before voting. The decision is expected to be appealed to the U.S. Supreme Court. But it virtually guarantees the estimated 800,000 people with felony convictions in Florida who owe fines, fees, or restitution to victims will not be allowed to vote in the November election.
Florida – Miami Herald Editor Blames ‘Internal Failures’ After Publishing an Anti-Semitic, Racist Insert
Washington Post – Jaclyn Pieser | Published: 9/16/2020
Subscribers to el Nuevo Herald, the Spanish-language sister publication of The Miami Herald, opened their papers recently to find a paid insert called “LIBRE.” In a column headlined, “American Jews and Israeli Jews” in the insert, an author claimed American Jews support “thieves and arsonists” and equated Black Lives Matter protesters with Nazis. The Herald apologized and promised to never again run the insert, which editors now say had included anti-Semitic and racist articles for months. Misinformation and racism are a growing concern in media targeting Florida’s Latino community. Radio Caracol, a news station in Miami, aired a 16-minute paid program claiming if Joe Biden won the election, the country would become a dictatorship run by “Jews and Blacks” and falsely saying he supports killing babies.
Georgia – Former Atlanta CFO Jim Beard Indicted for Fraud, Possessing Machine Guns and More
WXIA – Jonathan Raymond | Published: 9/16/2020
Jim Beard, the former chief financial officer for Atlanta, was indicted by the federal government under charges that include wire fraud, possessing a machine gun, and more. He is accused of defrauding the city out of tens of thousands of dollars by using those funds in a range of inappropriate ways, including: personal purchases, “including two machine guns”; to pay for official travel which the host later reimbursed him for, which he then kept himself; and to pay for travel he then misrepresented in his tax filings.
Illinois – Chicago Ethics Board to Enforce Ban That Would Prohibit Elected Officials Outside the City from Lobbying City Hall
Chicago Tribune – John Byrne | Published: 9/15/2020
After a four-month grace period, the Chicago Board of Ethics will start enforcing a ban on “cross-lobbying.” With federal investigators swarming around state and city government, the city council voted to prohibit aldermen from lobbying state and local government and preventing their counterparts at those levels from doing the same at City Hall. Ethics Board Executive Director Steve Berlin has said the board wanted to see if an amendment Mayor Lori Lightfoot introduced this spring got passed. But board released a statement saying the mayor’s ordinance apparently will no proceed, and the new rules will be enforced starting October 1.
Illinois – Former Chicago Firefighter Fined $2,000 for Violating City’s Ethics Ordinance
Chicago Sun-Times – Fran Spielman | Published: 9/15/2020
A former Chicago firefighter was fined $2,000 for helping to draft bid documents for a $7.36 million fire training contract while negotiating a job with the company subsequently awarded the contract, then returning to work on the training in violation of the “revolving-door” provision. Chicago Board of Ethics Chairperson William Conlon said the fine would have been higher if not for the extenuating circumstances. “… This guy only did it at the request of the Chicago Fire Department and only did it for the benefit of the city. While wrong, that mitigated the fine in our mind,” Conlon said.
Illinois – Former Chicago Public Schools Chief of Staff Pleads Guilty to Charges of Lying to FBI
Chicago Tribune – Jason Meisner | Published: 9/11/2020
A former top aide to Chicago Public Schools (CPS) Chief Executive Officer Janice Jackson pleaded guilty to a charge of lying to the FBI about whether he passed secret bid information about a $1 billion custodial contract to an operative working for one of the bidders. Pedro Soto, who resigned as Jackson’s chief of staff before he was charged, admitted in a plea agreement he repeatedly fed details about CPS’ internal bid deliberations to the operative in exchange for “various benefits.” Sources said it was an offshoot of the FBI’s investigation into then-Chicago Ald. Daniel Solis, who at the time had already been recorded on numerous wiretapped calls talking about exchanging favors for official action.
Kansas – D.C. Mail Ballot Non-Profit Stokes Confusion for Kansas Voters, Backlogs in Offices
Kansas City Star – Matthew Kelly | Published: 9/14/2020
When Cynthia Herron received a mail-in ballot application from the Center for Voter Information (CVI) in August, she thought it seemed official enough. The request form, sent from a Post Office box in Springfield, Missouri, had Herron’s name and address already typed out. So, she signed and returned it in a prepaid envelope addressed to the Johnson County Election Office. Herron was confused when, three weeks later, she opened her mailbox to find a vote-by-mail request form from the county. Worried her initial request had not been accepted, Herron sent that one back too. When a third ballot application showed up in the mail, this one again from CVI, Herron began to suspect she was being intentionally misled.
New Jersey – These N.J. Companies Got Millions in Federal Bailout Money, Even with History of Legal Troubles
Newark Star Ledger – Riley Yates (NJ Advance Media) and Payton Guion (NJ Advance Media) | Published: 9/13/2020
A review by NJ Advance Media revealed more than a dozen Paycheck Protection Program (PPP) loans went to companies that have been sued or paid settlements over alleged fraudulent business practices in New Jersey. They included construction contractors, technology companies, and car dealerships that ran afoul of federal or state prosecutors, among them a builder once accused of cheating its workers and covering it up by falsifying payroll records, a key component of how lenders calculated PPP awards. Those businesses likely represent the tip of the iceberg, especially considering the companies that received loans of less than $150,000, which number more than 65,000 in the Garden State alone, have never been named by the Treasury Department.
New York – Gaddy’s Plea in Bribery Case Delivers More Bad News for Mayor Lovely Warren
Rochester Democrat and Chronicle – Gary Graig | Published: 9/16/2020
Former lobbyist Robert Scott Gaddy pleaded guilty to a misdemeanor theft of $1,500 in government money, while agreeing to cooperate with investigations into “campaign finance matters.” Gaddy’s plea deal said he was approached by an FBI informant in September 2017 and was given cash to try to induce a New York Assembly member to introduce legislation that could impede a proposed development in Rochester. Gaddy recommended that Assemblyperson Joseph Errigo be approached. He assisted Errigo, who died earlier this year, with introducing legislation. Gaddy said he claimed he “greased the skids” with the late Assemblyperson David Gantt, but Gaddy had not done so. Instead, Gaddy kept $1,500 of the””intended bribe” for himself.
New York – Why a Progressive N.Y. Party Is Fighting for Its Survival
New York Times – Dana Rubinstein | Published: 9/14/2020
Just months after progressives in New York concluded one of their most successful primary seasons in history, a political party representing their interests is fighting for its survival. Because of rules backed by Gov. Andrew Cuomo concerning third parties, the Working Families Party must garner at least 130,000 votes or two percent of the total vote, whichever is higher, on its party line for the presidential election in November, or it will lose its automatic ballot line in New York. The rules present an unusual challenge for small parties in the state; the parties must encourage New Yorkers to vote for a presidential candidate on their line, even if that candidate is also running on the line of a mainstream party. So, the Working Families Party must persuade voters to vote for Joe Biden and Kamala Harris in its column, not on that of the Democratic Party.
North Carolina – Every Charlotte City Council Member Has an Ethics Complaint. Here’s What’s Going
Charlotte Observer – Alison Kuznitz | Published: 9/12/2020
A cascade of formal ethics complaints has flooded the city clerk’s office in Charlotte in recent weeks. It started with scrutiny on one Republican city council member and his nonprofit, which was poised to run a taxpayer-backed jobs training program, using COVID-19 relief funds. Soon after that, two Democrats on council who raised questions about the arrangement found themselves the target of ethics accusations. All council members, including the mayor, are facing at least one ethics complaint. The allegations range from elected officials luring campaign donations from developers to making racially charged comments during closed-door meetings, and to using city business for private business gain.
Ohio – Alleged Householder Texts About Nuclear Bailout Are MIA, House Says
MSN – Jake Zuckerman (Ohio Capital Journal) | Published: 9/15/2020
Prosecutors say they have a text message sent from then-Ohio House Speaker Larry Householder seeking to pressure a fellow lawmaker to vote for a bill at the center of a criminal “pay-to-play” scheme, a text an ally allegedly sought to get deleted. But the House said in response to a records request that the text could not be located from Householder’s phone as it was a “transient document” that did not need to be preserved. Householder, according to an FBI investigation, texted a male House Republican (only identified as “Representative 7”) on May 28, 2019, and pressured him to support House Bill 6, the beating heart of what prosecutors have called the largest bribery scheme in the state’s political history.
Ohio – FirstEnergy’s PAC Reported Giving $158K to Ohio Politicians in July. They Say They Never Got the Money.
Akron Beacon Journal – Jessie Balmert (Cincinnati Enquirer) | Published: 9/16/2020
In the weeks before then-House Speaker Larry Householder’s arrest, the energy company at the center of it all donated $158,000 to Ohio politicians. FirstEnergy’s PAC reported giving the money to 65 politicians between July 6 and July 16, the same day a federal complaint was filed against Householder and four others in connection with what U.S. Attorney Dave DeVillers would call one of Ohio’s largest bribery schemes. To critics, the donations are an “insurance policy” as lawmakers now ponder repealing a scandal-scarred bailout, House Bill 6, that had helped FirstEnergy and its affiliates. The company says it is just working to help its customers and shareholders. But several Republicans and Democrats said their campaigns never received the money.
Ohio – Ohio Judge Says Secretary of State Frank LaRose’s One Ballot Drop Box Per County Rule Is ‘Arbitrary and Unreasonable’
Cleveland Plain Dealer – Andrew Tobias | Published: 9/15/2020
A judge ruled Ohio has no legal basis to limit drop boxes for completed absentee ballots to one per county, as Secretary of State Frank LaRose did in an order to county boards of election as they prepared for the November presidential election. Siding with arguments made by the Ohio Democratic Party, Franklin County Common Pleas Judge Richard Frye did not go so far as to block LaRose from enforcing the order. But Frye said he may do so, noting LaRose has said he would support allowing additional drop boxes if they were deemed legal.
Pennsylvania – Top Pa. GOP Lawmaker Taps Politically Connected Lobbyist to Be Chief of Staff
Spotlight PA – Angela Couloumbis and Brad Bumsted | Published: 9/14/2020
Pennsylvania Senate Majority Leader Jake Corman tapped a lobbyist with a politically connected Harrisburg firm to serve as his new chief of staff, the latest example of the close relationship between elected officials in the Capitol and special interests trying to influence them. Corman, who is widely considered next in line to ascend to the chamber’s top leadership post, said he hired Krystjan Callahan, a partner at Maverick Strategies, a well-known lobbying firm run by Ray Zaborney, who also runs Corman’s campaigns. Callahan was once the top staffer to a Republican leader in the House. For the past five years, he has worked for Zaborney, who together with his wife runs a trio of companies known as The Mavericks.
Pennsylvania – Top Pa. Republican’s Campaign Sues Journalists Over Public Records Costs
Pennlive.com – Mike Wereschagin (The Caucus) and Ed Mahon (Spotlight PA) | Published: 9/15/2020
The campaign committee of the Pennsylvania Senate’s top Republican is suing a publication of LNP Media Group and two journalists who uncovered questionable spending by the lawmaker and other politicians. Senate President Pro Tempore Joseph Scarnati’s campaign filed the suit seeking $6,070 from The Caucus, Caucus Bureau Chief Brad Bumsted, and Spotlight PA reporter Angela Couloumbis. Scarnati’s campaign alleges the trio owes $5,070 for work an accounting firm conducted to produce public records the journalists requested during an investigation into his and other lawmakers’ campaign spending. The campaign also wants $1,000 for attorneys’ fees and court costs.
South Dakota – Councilor Cleared of Ethics Violation After Heated Four-Hour Hearing
Sioux Falls Argus Leader – Trevor Mitchell | Published: 9/11/2020
After a tense, and at times hostile, four-hour hearing, the Sioux Falls City Council dismissed an ethics complaint against Councilor Greg Neitzert, declaring there “is not clear and convincing evidence” he violated an ordinance when he made an expense-free trip to a conference of Republican municipal and county officials last year. The hearing ended at least one leg of the saga, which has spanned two separate complaints, numerous public hearings and, finally, the transformation of Carnegie Town Hall into a sort of jury-rigged courtroom.
South Dakota – State Investigators Will Release Investigation into Attorney General’s Crash, Noem Says
Rapid City Journal – Arielle Zionts | Published: 9/15/2020
The South Dakota Department of Public Safety (DPS) will release its investigation into the state attorney general fatally hitting a pedestrian with his car. Attorney General Jason Ravnsborg said he thought he hit a deer but realized he killed a man when he searched the site the next morning while on his way to return the car he borrowed from the local sheriff. The Highway Patrol, which is part of the DPS, is leading the investigation, DPS Secretary Craig Price said. He said the Highway Patrol often asks the Division of Criminal Investigation (DCI) to help investigate fatal crashes but that wouldn’t be appropriate in this case since DCI is under Ravnsborg’s office.
Washington – A Washington Lawmaker Shared Conspiracy Theories. She Threatened a Reporter Who Wrote About It.
Washington Post – Jaclyn Peiser | Published: 9/15/2020
Daniel Walters was surprised to see an incoming call from Washington Rep. Jenny Graham on August 27. The journalist wrote a story that day about Graham sharing false articles on Facebook, including a story claiming thousands of missing children are kept in dungeons and raped by demons. When Walters called the state representative back, she unleashed a barrage of hateful insults. Walters and his editor tried calling Graham back a few times, asking what about his story was inaccurate. He also texted her, offering to talk off the record. But the representative did not respond. Instead, she turned to her Facebook page, where she posted about Walters about 15 times, he said. She called the reporter “pathetic,” “hateful,” “disgusting,” and a “lying piece of dung.”
Wisconsin – GOP Wisconsin Elections Commissioner Advised Green Party
Associated Press News – Scott Bauer | Published: 9/15/2020
A Republican member of the Wisconsin Elections Commission advised a Green Party representative about who to hire as an attorney after its presidential nominee was denied ballot access in the key battleground state. The commission deadlocked on whether to put Green Party presidential candidate Howie Hawkins on the ballot. All three Republicans were in favor, while all three Democrats were against. Hawkins asked the Wisconsin Supreme Court to put him on, but the court rejected that request. The court also lifted an order it issued pausing the mailing of absentee ballots while it considered the challenge.
September 11, 2020 •
News You Can Use Digest – September 11, 2020
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National/Federal $2,933 for ‘Girl’s Night’: Medicaid chief’s consulting expenses revealed Politico – Dan Diamond and Adam Cancryn | Published: 9/10/2020 A House investigation showed how Seema Verma, the Trump administration’s top Medicaid official, spent more than $3.5 million on a range […]
National/Federal
$2,933 for ‘Girl’s Night’: Medicaid chief’s consulting expenses revealed
Politico – Dan Diamond and Adam Cancryn | Published: 9/10/2020
A House investigation showed how Seema Verma, the Trump administration’s top Medicaid official, spent more than $3.5 million on a range of GOP-connected consultants, who polished her public profile, wrote her speeches and Twitter posts, brokered meetings with high-profile individuals, and even billed taxpayers for connecting Verma with fellow Republicans in Congress. Verma, who advised then-Gov. Mike Pence in Indiana on health policy before joining the Trump administration, has rejected any suggestion of wrongdoing in her consulting practices.
COVID-19 Tests Unions’ Ability to Deliver Votes, Manpower, Money to Democrats
Roll Call – Jim Saska | Published: 9/10/2020
Unions’ strength amid the epidemic will be tested this fall. Democrats rely heavily on labor’s political support every November. That is no different this year, but the coronavirus is. Laid-off workers do not pay union dues, meaning the pandemic may cut into organized labor’s electoral spending. More worrisome for Democrats, COVID-19 could kneecap unions’ most potent campaign contribution: legions of door-knocking volunteers. Unions influence elections in three main ways: members’ votes, manpower, and money.
Democrats Fear Partisan Slant at Postal Service as Trump Allies Dominate Board
MSN – Luke Broadwater, Hailey Fuchs, and Kenneth Vogel (New York Times) | Published: 9/8/2020
A powerful but little-known group of Republican donors installed by President Trump to oversee the U.S. Postal Service has helped raise more than $3 million to support him and hundreds of millions more for his party over the past decade, prompting concerns about partisan bias at the agency before the November election. The largest amount of fundraising has been by groups with connections to Robert Duncan, who continues to sit on the boards of two super PACs pushing for Republicans to win in 2020. But he is only one of five Republican members that Trump has named to the board, most of whom have given generously to the party, who have taken a hands-on role in trying to defend the embattled agency against accusations that it is trying to help the president win a second term by sabotaging voting by mail.
Family Business in Decline? Fewer Get to Congress Through Heredity
Roll Call – Paul Fontelo | Published: 9/9/2020
Political dynasties were on the decline in Congress even before the recent Massachusetts Senate primary, in which Rep. Joseph Kennedy III became the first Kennedy to lose a congressional race ever in the Bay State. Other members set to retire after this year do not have children running to replace them. Only six current members can say they directly followed their fathers into Congress by replacing them in their seats. That number is taking a hit in 2020, with a pair of lawmakers felled by primary defeats, and one having resigned after an ethics scandal.
GOP Candidate Poses with Rifle, Says She’s Targeting ‘Socialist’ Congresswomen
Washington Post – Rachael Bade abd John Wagner | Published: 9/4/2020
A House candidate whom President Trump recently called “a future Republican Star” posted an image of herself holding a rifle with photos of three liberal congresswomen of color and the vow to “go on the offense” against members of the “Squad,” an unprecedented threat against lawmakers from a probable future colleague. Marjorie Taylor Greene, the GOP candidate for a Georgia congressional seat in a heavily Republican district and a professed QAnon conspiracy believer, posted the photoshopped image on Facebook. Before it was removed, the caption under the gun-toting Greene read: “Squad’s worst nightmare.”
GOP Congressman Spent $70K in Campaign Cash on Meals
Politico – Ally Mutnick | Published: 9/8/2020
U.S. Rep. Mike Turner has used campaign funds for hundreds of trips to restaurants, and occasionally to stay at lavish hotels. He has spent over $70,000 from his campaign account since 2017 to fund meals at some 370 meetings. The individual receipts are fairly modest in most cases, typically ranging from $12 to a few hundred dollars. But together, watchdogs say, they suggest a consistent pattern: Turner uses his donors to subsidize his personal dining costs, expensing an average of two meals a week. Members can expense meals that are incidental to their role as a candidate or an officeholder, such as food for campaign events, fundraisers, or strategy sessions. But the frequency and total of his expenditures raised alarms from good-government groups that he could be misusing his election funds.
How Trump Draws on Campaign Funds to Pay Legal Bills
MSN – Eric Lipton (New York Times) | Published: 9/5/2020
President Trump was proudly litigious before his victory in 2016 and has remained so in the White House. But one big factor has changed: he has drawn on campaign donations as a piggy bank for his legal expenses to a degree far greater than any of his predecessors. Trump’s tendency to turn to the courts, and the legal issues that have stemmed from norm-breaking characteristics of his presidency, helps explain how he and his affiliated political entities have spent at least $58.4 million in donations on legal and compliance work since 2015. The spending includes also cases in which he has a personal stake, including attempts to enforce nondisclosure agreements and protect his business interests.
How Trump’s Billion Dollar Campaign Lost Its Cash Advantage
MSN – Shane Goldmacher and Maggie Haberman (New York Times) | Published: 9/7/2020
Money was supposed to have been one of the great advantages of incumbency for President Trump, much as it was for President Obama in 2012 and George W. Bush in 2004. After getting outspent in 2016, Trump filed for re-election on the day of his inauguration betting the head start would deliver him a decisive financial advantage this year. It seemed to have worked. Trump and the Republican National Committee had a nearly $200 million cash advantage. Five months later, Trump’s financial supremacy has evaporated. Of the $1.1 billon his campaign and the party raised from the beginning of 2019 through July, more than $800 million has already been spent. Now some people inside the campaign are forecasting what was once unthinkable: a cash crunch with less than 60 days until the election.
Judge Won’t Force Disclosure of Key Parts of Mueller Interviews
Politico – Josh Gerstein | Published: 9/3/2020
A federal judge approved the Justice Department’s decision to deny the public access to large swaths of the thousands of pages of FBI reports on witness interviews from special counsel Robert Mueller’s investigation into alleged ties between President Trump’s 2016 campaign and Russia. U.S. District Court Judge Reggie Walton ruled officials had the right to white out the information from public releases because the exchanges with witnesses reflected the thought processes of Mueller’s prosecutors and of FBI personnel working at their direction.
Justice Dept. Intervenes on Behalf of Trump in Defamation Case Brought by Woman Who Accused Him of Rape
MSN – Matt Zapotosky (Washington Post) | Published: 9/8/2020
The Justice Department moved to replace President Trump’s private legal team with government lawyers to defend him against a defamation lawsuit by the author E. Jean Carroll, who has accused him of raping her in a Manhattan department store in the 1990s. In a highly unusual legal move, lawyers for the Justice Department said in court papers that Trump was acting in his official capacity as president when he denied ever knowing Carroll and thus could be defended by government lawyers, in effect underwritten by taxpayer money. Though the law gives employees of the federal government immunity from most defamation lawsuits, legal experts said it has rarely, if ever, been used before to protect a president, especially for actions taken before he entered office.
Louis DeJoy’s Rise as GOP Fundraiser Was Powered by Contributions from Company Workers Who Were Later Reimbursed, Former Employees Say
MSN – Aaron Davis, Amy Gardner, and Jon Swaine (Washington Post) | Published: 9/6/2020
Louis DeJoy, a Republican megadonor, pressured employees at his former North Carolina-based business to make contributions to GOP candidates, expenses that DeJoy reportedly reimbursed through bonuses. Five people who worked for New Breed Logistics say they were urged by DeJoy’s aides or by the chief executive himself to write checks and attend fundraisers at his mansion in Greensboro. There, events for Republicans running for the White House and Congress routinely fetched $100,000 or more apiece. Two other employees familiar with New Breed’s financial and payroll systems said DeJoy would instruct that bonus payments to staffers be boosted to help defray the cost of their contributions, an arrangement that would be unlawful.
Network of News Sites Must Register as a Political Committee Due to Democratic Links, Complaint Alleges
Washington Post – Michelle Ye Hee Lee | Published: 9/3/2020
A complaint filed with the FEC alleges a national network of local media websites must register as a political committee because of its ties to a Democratic-aligned group. Courier Newsroom, which includes seven news sites concentrated in presidential swing states, is backed by ACRONYM, a politically active nonprofit run by Democratic strategist Tara McGowan. Federal election laws and regulations do not apply to media outlets unless they are “owned or controlled by” a political party, committee, or candidate and are acting as a media outlet rather than a political one. But the complaint alleges Courier Newsroom is not eligible for that exemption and the media group failed to register as a political organization and report its donors and expenses as is required of political groups under federal law.
Political Groups’ ‘Dark Money’ Spending Set to Exceed $1 Billion Since Citizens United Decision
Washington Times – Ryan Lovelace | Published: 9/9/2020
“Dark money” spending soon will exceed $1 billion reported to the FEC since the U.S. Supreme Court’s Citizens United decision in 2010 that ensured political spending was protected speech. The billion-dollar threshold, set to be eclipsed this month, is a major milestone for the industry of donors and activists who want to keep their political activity hidden from public scrutiny and contribute to groups that do not disclose their donors. The $1 billion contribution threshold, which includes tens of millions of dollars in the 2020 cycle, does not capture the full picture of undisclosed money shaping U.S. politics. Anna Massoglia, researcher at the Center for Responsive Politics, said much of the cash being spent is not recorded by the FEC.
Senior DHS Official Alleges in Whistleblower Complaint That He Was Told to Stop Providing Intelligence Analysis on Threat of Russian Interference
MSN – Shane Harris, Nick Miroff, and Ellen Nakashima (Washington Post) | Published: 9/9/2020
A senior Department of Homeland Security (DHS) official alleges he was told to stop providing intelligence reports on the threat of Russian interference in the 2020 election, in part because it “made the President look bad,” an instruction he believed would jeopardize national security. The official, Brian Murphy, who until recently was in charge of intelligence and analysis at DHS, said in a whistleblower complaint that on two occasions he was told to stand down on reporting about the Russian threat and alleged that senior officials told him to modify other intelligence reports, including about white supremacists, to bring them in line with President Trump’s public comments, directions he said he refused.
Voting Is a Challenge for the Homeless. Advocates Are Trying to Make It Easier.
Washington Post – William Moyer | Published: 9/9/2020
While advocates are registering people to vote in a polarizing election held during a pandemic, they are also registering a population traumatized by, in some cases, years on the streets. It is these barriers to voting that Pathways to Housing DC, is trying to overcome. Some are battling mental illness and addiction. Others are illiterate, or simply might not have a pair of reading glasses they need to fill out a form. Megan Hustings, managing director of the National Coalition for the Homeless, said her organization has worked to register homeless people to vote since the 1990s. The obstacles are immense not just for its clients, but for anyone living in poverty, she said.
Canada
Canada – WE Charity, at the Center of Trudeau’s Latest Scandal, Shuts Down in Canada
Washington Post – Amanda Coletta | Published: 9/9/2020
The charity at the center of an ethics scandal that has ensnared Prime Minister Justin Trudeau and his former finance minister said it would be shutting down its Canadian operations. WE Charity blamed the coronavirus pandemic and the political turmoil over the federal government’s decision to tap it to run a $690 million grant program for student volunteers for the decision. Trudeau announced his government had picked the charity to administer a program that would offer grants to postsecondary students unable to find a job during the coronavirus outbreak if they volunteered in their communities. The arrangement, under which WE Charity stood to earn up to $33 million, raised eyebrows. Trudeau has spoken at several WE Days, his wife is an ambassador for the charity, and there was no public bid.
From the States and Municipalities
Alabama – Alaska Group Backing Independent Candidate Appears Linked to Democrats
The Hill – Reid Wilson | Published: 9/9/2020
A new outside group formed to support an independent candidate running against U.S. Sen. Dan Sullivan in Alaska appears linked to prominent Democratic super PACs in Washington, as Democrats grow increasingly interested in what could be a low-budget play at a dark-horse Senate contest. Independent Alaska, an independent expenditure committee formed September 3, appears set to purchase advertising on behalf of Al Gross, a surgeon and commercial fisherman running as an independent against Sullivan. The arrangement is similar to an outside group that sprang up to run ads promoting an arch-conservative candidate in Kansas, former Secretary of State Kris Kobach.
Alabama – Former Alabama Sen. David Burkette Arrested for Campaign Finance Violation
AL.com – Mike Cason | Published: 9/3/2020
Former state Sen. David Burkette was arrested for a misdemeanor violation of Alabama’s campaign finance law. Burkette resigned days before. He is accused of intentionally depositing $3,625 in campaign contributions in his personal bank account instead of a campaign account in 2015 and 2016, when he was running for the Montgomery City Council. Last year, the Alabama Ethics Commission found probable cause Burkette violated the law, forwarding the case to prosecutors.
Alaska – Alaska Gov. Dunleavy Will Pay $2,800 to Settle Ethics Complaints Over Publicly Funded Political Ads
Alaska Public Media – Nathaniel Herz | Published: 9/7/2020
Alaska Gov. Mike Dunleavy agreed to reimburse the state $2,800 his office spent on mailers that may have violated state ethics laws barring partisan political activity. The complaints targeted a social media and mailer campaign launched by the governor’s office that attacked some of his opponents in the Legislature and boosted some of his allies. State ethics law bars the spending of state money on “partisan political purposes,” and Dunleavy’s opponents said the advertising campaign did just that.
California – CalPERS May Force Next CIO to Unload Personal Holdings
Los Angeles Times – Bloomberg | Published: 9/4/2020
The California Public Employees’ Retirement System (CalPERS) may force its next chief investment officer to sell securities that could pose conflicts-of-interest, as the pension giant considers new rules in the wake of the recent departure of Chief Information Officer Ben Meng. Under another proposal, trustees may require that all board members be told whenever the system opens a probe into one of its top executives. Meng’s surprise resignation raised questions about oversight at the $400-billion pension system, the largest in the United States.
California – What Are Lobbyists Doing at San Jose City Hall? That’s a Good Question
San Jose Spotlight – Carly Wipf | Published: 9/4/2020
Two prominent business groups – the Silicon Valley Leadership Group and the San Jose Downtown Association – have filled out weekly lobbying disclosures, which require them to divulge who at San Jose City Hall they are meeting with, how the communication happened and, most importantly, the topic being discussed. But instead of revealing why they met, as required by city law, both groups simply posted a generic mission statement. ordinances. San Jose’s lobbying rules were created in 2007 to increase transparency and allow the public to understand how lobbyists are influencing politicians. The sunshine ordinance requires the city clerk to post weekly reports which require lobbyists to disclose the “topic of lobbyist action” for every meeting.
Colorado – ‘LLCs Are Not Constituents’: Fort Collins council puts new caps on election
Fort Collins Coloradoan – Jacy Marmaduke | Published: 9/2/2020
Fort Collins approved several campaign finance changes that will take effect in time for the April 2021 city election, including limits to how much individuals can contribute to limited liability corporations and political committees to support or oppose city races. The change will prevent people from surpassing individual donation limits by contributing to campaigns through LLCs they are part of. There will be a $100 cap on donations to political committees. There is currently no limit on contributions to political committees, which consist of two or more people who join together to accept contributions or make expenditures to support or oppose one or more candidate.
Florida – Secretive Group Pushing Florida Constitutional Amendment Raised Money Linked to Big Businesses
Orlando Sentinel – Jason Garcia | Published: 9/9/2020
A nonprofit financing a proposed constitutional amendment that would make it harder to amend the Florida Constitution in the future has raised money from a group linked to a lobbying organization for Florida Power & Light, U.S. Sugar Corp., and other big businesses. Keep Our Constitution Clean has spent more than $9 million on a campaign to pass Amendment Four on the 2020 ballot – which, if approved by voters, would require all future amendments to go through two statewide referendums. Keep Our Constitution Clean is a “dark money” group because it is organized under a section of federal law that allows it to hide the identities of its donors even though it is spending money to influence an election. Federal tax records reveal one donor: another “dark-money” nonprofit, A Better Miami Dade, which transferred $150,000 to Keep Our Constitution Clean in 2018.
Georgia – Georgia Secretary of State Says as Many as 1,000 Potential Cases of Double Voting Detected
Politico – Caitlin Oprysko | Published: 9/8/2020
Georgia Secretary of State Brad Raffensperger said the state identified as many as 1,000 instances of double voting in this summer’s primary and runoff elections, which saw an influx of votes cast by mail and were also marred by equipment failures and other breakdowns of voting machinery. Raffensperger pledged to investigate each of the potential cases of double voting, which he called “unacceptable,” and said his office would look to prosecute them to the fullest extent of the law. It is possible, however, that some of those cases could be attributed to data errors on behalf of election officials, noted Michael McDonald, a University of Florida political science professor who runs the United States Election Project. McDonald urged that Raffensperger’s announcement be treated with caution.
Hawaii – Hawaii Health Inspector Fined $25,000 For Ethics Violation
Honolulu Civil Beat – Christina Jedra | Published: 8/28/2020
A Hawaii Health Department employee is being ordered to pay the state $25,000 after he used inspections of adult care homes to find real estate clients. Roel Salanga was a nurse consultant for the Department of Health’s Office of Health Care Assurance and was responsible for performing on-site inspections of adult residential care homes. During one inspection in 2018, Salanga offered his real estate services to the operator. Over the next year, he sent her emails on state time on over 20 occasions. He ultimately earned a $22,750 commission for his real estate brokerage firm, out of which he received $9,947.50. Meanwhile and afterward, Salanga was still the inspector of the woman’s care home.
Illinois – Former ComEd VP Charged with Bribery Conspiracy in Scheme to Sway House Speaker Michael Madigan
Chicago Tribune – Jason Meisner | Published: 9/4/2020
A former vice president for Commonwealth Edison (ComEd) was charged with bribery conspiracy, alleging he helped orchestrate a scheme to pay political allies of Illinois House Speaker Michael Madigan to influence legislation in Springfield that would benefit the utility. Fidel Marquez, a longtime lobbyist and former senior vice president of governmental affairs at ComEd, was charged in a one-count criminal information. Marquez was the first person to be charged in the ongoing investigation of an elaborate bribery scheme aimed at influencing legislation by making payments to Madigan associates and approved lobbyists, some of whom did little or no actual work for the company.
Illinois – Illinois Senate President Don Harmon’s Office Subpoenaed by Feds Who Wanted Information on Land Parcel in Chinatown
Chicago Tribune – Hal Dardick and Jamie Munks | Published: 9/4/2020
Add Illinois Senate President Don Harmon’s office to the long list of organizations, politicians, lobbyists, and others subpoenaed in a wide-ranging federal probe that has already led to a series of corruption charges and convictions. The U.S. attorney’s office demanded that Harmon’s office turn over all documents and communications related to a state-owned parking lot long coveted by developers. The possibility of the state transferring the property to developer See Y. Wong was discussed in a meeting among House Speaker Michael Madigan and former Chicago Ald. Danny Solis. Madigan has been subpoenaed in the probe, Solis wore a wire for federal investigators and Wong has been charged with fraud.
Kansas – Kan. Audit Peels Away Thin Layers of Publicly Financed Lobbying
Salina Post – Tim Carpenter | Published: 9/8/2020
School districts, cities, and counties in Kansas each invested about $250,000 last year in public tax dollars for deployment of registered lobbyists to influence the state’s political process. Sixty-three of the state’s 550 registered lobbyists reported receiving public funding from state agencies, local governments, or associations tied to government activities. This cadre of lobbyists disclosed this universe of clients bankrolled by taxpayers paid them nearly $1.3 million in tax dollars during 2019. The Legislature’s division of post audit says the assessment of lobbying with publicly funding was “incomplete” due to limitations of state lobbying law and of requirements to disclose information.
Maine – PAC Spending on Tires, Clothing Spurs Complaint Against State Republican Leader
centralmaine.com – Kevin Miller | Published: 9/4/2020
An ethics complaint against House Assistant Minority Leader Rep. Trey Stewart alleges he improperly spent PAC money on personal items. But it is unclear how the state ethics commission will come down on the complaint because rules governing PACs are far less stringent than those imposed on candidates participating in Maine’s public campaign financing system. While Stewart is currently running for office as a Clean Elections candidate, the expenditures in question were made by his Star City PAC and date back to 2018 or 2019.
Massachusetts – Demo Contractor Fined $75,000 for Illegal Donations
Worcester Telegram – Chris Lisinski (State House News Service) | Published: 9/8/2020
A New Hampshire contracting company will pay a $75,000 fine after the Massachusetts Office of Campaign and Political Finance determined it illegally provided corporate funds to employees for donations to the campaigns of Boston Mayor Martin Walsh and a city councilor. In violation of campaign finance law, employees of Select Demo Services donated a total of $21,000 from their personal accounts for which they had been paid by the company. Donations made by personal check were dated on or about December 4, 2019. Select Demo had issued $1,000 checks to each of those workers on or about December 3, 2019, according to the investigation.
Michigan – Feds: Ex-Macomb County Prosecutor Eric Smith to plead guilty to federal criminal charge
Detroit Free Press – M.L. Elrick | Published: 9/9/2020
Former Macomb County Prosecutor Eric Smith agreed to plead guilty to a federal obstruction of justice charge for encouraging two of his assistant prosecutors to help cover up his theft of $70,000 from a campaign fund. U.S. Attorney Matthew Schneider said Smith stole the money from his reelection account to use on “his own personal whims.” Schneider said he believes Smith should serve at least 15 months in federal prison for betraying the public’s trust. Schneider described Smith’s attempts to cover up $70,000 his campaign said it spent on rent and political consulting that, in reality, was kicked back to Smith.
Michigan – Pandemic Takes Bite Out of Lawmakers’ Free Food from Lobbyists
Detroit News – Craig Mauger | Published: 9/4/2020
Restaurant closures and restrictions on gatherings are crimping one of the perks of serving in the Michigan Legislature: lobbyist funded meals. Over the first seven months of the year, lobbyists reported spending $221,429 on food and drink purchases for state officials, the lowest total disclosed over that period in 19 years. The figure represents a 62 percent drop in reported spending over the first seven months of 2019. The drop in food purchases reflects another trend during the pandemic: a decline in campaign giving to House candidates by interest groups’ PACs, said Simon Schuster, director of the Michigan Campaign Finance Network.
Missouri – After Two Court Losses, State Doesn’t Ask High Court to Weigh in on ‘Clean Missouri’ Question
St. Louis Post-Dispatch – Jack Suntrup | Published: 9/2/2020
A Missouri appeals court order tossing the ballot summary for a Republican-backed constitutional amendment on redistricting could be the final word on the topic before voters weigh in on November 3. The state has opted not to ask for the Missouri Supreme Court to weigh in after unsuccessfully defending the ballot summary twice, once in Cole County Circuit Court and again before the Missouri Court of Appeals, Western District. Even though the state had opted not to appeal the order, haggling over what language is to appear on the ballot is not over just yet.
Montana – Appeals Court Denies Green Party Candidates Ballot Access
Associated Press News – Staff | Published: 9/8/2020
A federal appeals court denied a request for an emergency injunction to allow Montana Green Party candidates to appear on the November ballot, a decision that one of the plaintiffs says puts an end to the issue. Several weeks after the Green Party was declared to have qualified for the primary ballot it was learned the state Republican Party bankrolled the $100,000 signature gathering effort, violating campaign finance laws in the process. The Green Party has said they were not behind the effort.
New Jersey – How ‘Illegal’ Donations Helped One NJ Law Firm Make Millions Off Taxpayer Dollars
New Jersey Herald – Terrence McDonald (Bergen Record) | Published: 9/2/2020
Friends and family members of a partner at O’Donnell McCord donated over $200,000 on behalf of the law firm to politicians in towns all over New Jersey, authorities say, while it nabbed lucrative contracts with many of those towns. Public records show the firm earned more than $16 million from 20 public entities since 2010. The allegations illustrate again how monied interests take advantage of lax oversight to nab public contracts. Indeed, when the investigation led to bribery charges against five politicians in December, state Attorney General Gurbir Grewal says one of them was recorded telling a cooperating witness, “Nobody questions anything.”
New York – Robert Freeman, NY Open-Government Expert, to Pay $15K Fine for Inappropriate Conduct
The Journal News – Jon Campbell | Published: 9/9/2020
Robert Freeman, former director of the state Committee on Open Government, will pay a $15,000 fine to settle claims he systematically sexually harassed women while on the job, including several reporters who sought his advice on public transparency disputes. The New York Joint Commission on Public Ethics finalized a settlement agreement with Freeman, a nationally renowned public-records expert who was abruptly fired from his state job in April 2019 after holding his post for more than 40 years. Freeman admitted his conduct toward women, as well as using his state-issued computer to view sexual images, violated state Public Officers Law.
Oregon – Reporting on Timber Lobbying Prompts Oregon Gov. Kate Brown to Call for Audit of State Institute
OPB – Tony Schick and Rob Davis | Published: 9/2/2020
Oregon Gov. Kate Brown requested an audit of the Oregon Forest Resources Institute (OFRI) after a media investigation revealed the tax-funded agency worked to discredit academic research and acted as a lobbying and public relations arm for the timber industry. OFRI was created in 1991 to educate the public about forestry and to teach landowners about logging laws and sound environmental practices. Lawmakers established a tax on logging to pay for the institute while cutting taxes paid by the timber industry that helped fund schools and local governments. By law, OFRI is prohibited from attempting to influence policy.
Tennessee – State Registry Fines Rep. Staples $26K for Expense Irregularities; He Says He’ll Appeal
MSN – John North (WBIR) | Published: 9/9/2020
The Tennessee Registry of Election Finance assessed a $26,640 civil penalty against state Rep. Rick Staples for campaign spending irregularities. Separately, Staples has pledged to pay back his campaign fund about $11,000 in questioned expenses. Questions arose early this year about some of the ways Staples was spending campaign donations – on meals, hotels, trips to Florida, landscaping, and about $1,900 spent on a warranty for his vehicle.
Virginia – Third Former Staffer for Virginia Republican Scott Taylor Charged with Election Fraud
Washington Post – Meagan Flynn | Published: 9/9/2020
A third former campaign staffer for Scott Taylor, the Republican former member of Congress who is seeking to reclaim his seat in Virginia’s Second District, has been indicted on a charge of election fraud tied to a 2018 scandal. Heather Guillot, a campaign consultant for Taylor during his failed bid for reelection, was charged with making a false statement in connection with a fraudulent petition scheme. Guillot and others were accused of forging signatures on petitions to get a potential spoiler third-party candidate on the ballot two years ago, ostensibly to siphon votes from Taylor’s opponent, Elaine Luria. She narrowly defeated Taylor, helping Democrats form a majority in the House. Taylor is challenging her in November.
Wisconsin – Watchdog: Outside group omitted campaign spending on GOP from tax return
Wisconsin Examiner – Erik Gunn | Published: 9/8/2020
A lobbying group with close ties to the Republican Party spent nearly $1 million to help elect 13 GOP lawmakers in the 2016 and 2018 election cycles in Wisconsin without filing required reports, according to a complaint. The Jobs First Coalition (JFC), exempt from taxes under Section 501(c)(4) of the IRS, transferred $920,000 in the tax years of 2016 through 2018 to a separate political fund it operates, according to the complaint by the Campaign for Accountability. The complaint states, “JFC reported to the IRS – under penalty of perjury – that it spent nothing on political campaign activities between 2016 and 2018.”
September 4, 2020 •
News You Can Use Digest – September 4, 2020
![News You Can Use Digest – September 4, 2020](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal 1 Million Primary Ballots Were Mailed Late, Postal Service Watchdog Says MSN – Luke Broadwater (New York Times) | Published: 9/1/2020 More than one million mail-in ballots were sent late to voters during the 2020 primary elections, underscoring concerns about […]
National/Federal
1 Million Primary Ballots Were Mailed Late, Postal Service Watchdog Says
MSN – Luke Broadwater (New York Times) | Published: 9/1/2020
More than one million mail-in ballots were sent late to voters during the 2020 primary elections, underscoring concerns about whether the agency has the ability to process what is expected to be a major increase in mail-in votes for the presidential election in November. In a survey of mail-in ballots sent during primaries from June 2 to August 13, the agency’s inspector general found election boards across the country had sent more than one million ballots during the final week of the election, putting those votes at “high risk” of not making it back to officials in time to be counted. Hundreds of ballots were mailed after elections were over, meaning they could not be counted, and only a small percentage used the proper tracking procedures, the audit found.
As Clashes Between Armed Groups and Leftist Protesters Turn Deadly, Police Face Complaints of Tolerating Vigilantes
MSN – Joshua Partlow and Isaac Stanley-Becker (Washington Post) | Published: 8/30/2020
As protesters march against racism and police violence in cities and towns across the nation, they are being confronted by groups of armed civilians who claim to be assisting and showing support for police battered and overwhelmed by the protests. The confrontations have left at least three people dead in recent days. The incidents have drawn complaints that local authorities abetted the violence by tolerating the presence of these self-appointed enforcers with no uniforms, varied training, and limited accountability. The stated motives of these vigilante actors, who are virtually indistinguishable from one another once massed on the streets, range from protecting storefronts and free speech to furthering White supremacy and fomenting civil war.
As Trump Appointees Flout the Hatch Act, Civil Servants Who Get Caught Get Punished
MSN – Lisa Rein (Washington Post) | Published: 8/28/2020
The Hatch Act, the anti-corruption law Congress passed in 1939, applies on paper at least to civil servants and political appointees alike. But the top Trump administration officials showcased in prime-time appearances and speaking slots at the Republican National Convention serve as a reminder that when it comes to flouting the separation between governing and politicking, there appears to be a two-tiered system of consequences. Special Counsel Henry Kerner, who was appointed by President Trump, cited at least nine high-level Trump appointees for abusing their government roles to further the president’s reelection or disparage his rivals. They have largely thumbed their noses at the law. Career employees, meanwhile, have faced warning letters, reprimands, suspensions without pay and, in extreme cases, been fired and debarred from returning to government.
Barr Tightens Rules on Surveillance of Political Candidates and Advisers
Washington Post – Devlin Barrett | Published: 9/1/2020
Attorney General William Barr imposed new rules tightening the use of government surveillance on political candidates or their staffers, a move likely to cheer conservatives who have long criticized how the FBI investigated the Trump campaign in 2016. Barr said before the FBI and Justice Department seek a warrant from the Foreign Intelligence Surveillance Court to secretly monitor the communications of an elected official, a declared political candidate, or any of their staff and advisers, officials must first consider warning that person foreign governments may be targeting them, and if they choose not to give such a warning, the FBI director must spell out in writing the reasons for not doing so.
D.C. Circuit Panel Guts House Subpoena Power
Politico – Josh Gerstein and Kyle Cheney | Published: 8/31/2020
A divided federal appeals court panel dealt a blow to the U.S. House’s investigative power, ruling the House cannot go to court to enforce subpoenas because there is no statute giving that chamber the authority to do so. The ruling marked the second time a District of Columbia Circuit Court of Appeals panel essentially voided a subpoena the House issued last year to Donald McGahn demanding the former White House counsel testify about his dealings with President Trump related to the investigation into alleged ties between the Trump campaign and Russia. If the decision stands, it could cripple the House’s ability to demand information from sources unwilling to give it up readily.
Election Security Officials See No Sign of Foreign Threat to Mail-In Voting
MSN – Devlin Barrett (Washington Post) | Published: 8/26/2020
Foreign governments such as Russia and China continue to try to interfere in the upcoming U.S. election, but officials have seen no evidence of countries trying to manipulate or manufacture mail-in ballots, officials said. Federal authorities are ramping up their efforts to keep state and local election systems secure, particularly in light of Russian interference in the 2016 presidential race, which led to criticism the government had been slow and soft in its response. Those assurances are in contrast to statements by President Trump, who has repeatedly argued mail-in voting is so ripe for abuse that he would block additional funds for the U.S. Postal Service to handle a surge in mail ballots this year.
Facebook Will Block New Political Advertising the Week Before Election Day
Washington Post – Elizabeth Dwoskin and Craig Timberg | Published: 9/3/2020
Facebook announced it would ban new political advertisements from its platform in the week leading up to the November election. The move to limit ads, part of a spate of election-related announcements, is an attempt to reduce misinformation that is expected to flood social networks as Election Day draws near. The company also said it would label posts by any candidate or campaign that tries to declare victory before the results are in, directing people to the official results from Reuters. It will do the same for any posts that try to delegitimize the outcome of the election. It has also started to limit users’ ability to forward articles on its Messenger platform to large groups of people.
Homeland Security Blocked Warnings of Russian Campaign Against Biden
New York Times – Zolan Kanno-Youngs | Published: 9/2/2020
The Department of Homeland Security declined to publish a July 9 intelligence document that warns of Russian attempts to denigrate Joe Biden’s mental health, prompting new scrutiny of political influence at the department. Before the bulletin was distributed, senior Homeland Security officials intervened to halt publication. U.S. Rep. Bennie Thompson asked the inspector general for the department to review the matter. The department’s leaders and its intelligence office have already attracted criticism for appearing to shape decisions around the political whims of the White House, such as actions at the U.S.-Mexican border and the deployment of tactical teams to Portland and Washington, D.C., against the wishes of local governments.
How Trump’s Company Charged the U.S. Government More Than $900,000
Seattle Times – David Fahrenthold, Josh Dawsey, and Joshua Partlow (Washington Post) | Published: 8/27/2020
Donald Trump has now visited his own properties 270 times as president, according to a Washington Post tally. Through these trips, he has brought the Trump Organization a stream of private revenue from federal agencies and Republican campaign groups. Federal spending records show taxpayers have paid Trump’s businesses more than $900,000 since he took office. New documents give more detail about how the Trump Organization charged the Secret Service – a kind of captive customer, required to follow Trump everywhere. In addition to rentals at Mar-a-Lago, the Trump Organization charged daily “resort fees” to Secret Service agents guarding Vice President Pence in Las Vegas and in another instance asked agents to pay a $1,300 “furniture removal charge” during a presidential visit to a Trump resort in Scotland.
Inside Trump’s Pressure Campaign on Federal Scientists Over a Covid-19 Treatment
MSN – Laurie McGinley, Yasmeen Abutaleb, Josh Dawsey, and Carolyn Johnson (Washington Post) | Published: 8/31/2020
The Food and Drug Administration (FDA) has made a series of missteps recently, following flip-flops earlier this year on authorizing and then revoking clearance for the anti-malarial drug hydroxychloroquine and its initial decision not to regulate Covid-19 antibody tests. It also feeds a long-running narrative of a White House repeatedly undermining its health and science experts, not just at the FDA but also at the Centers for Disease Control and Prevention (CDC). “I’ve been following health regulatory decisions for decades and have never seen this amount of White House arm twisting to force agencies … to make decisions based on political pressure, rather than the best science,” said Jerome Avorn, a professor at Harvard Medical School.
Justice Department Zeroing in On Longtime GOP Fundraiser Elliott Broidy
Washington Post – Matt Zapotosky, Carol Leonnig, and Rosalind Helderman | Published: 9/1/2020
Republican fundraiser Elliot Broidy is under scrutiny for his alleged role in a campaign to persuade high-level Trump administration officials to drop an investigation of Malaysian government corruption, as well as for his attempt to push for the extradition of a Chinese dissident back to his home country. He has been in discussions with the Justice Department and could ultimately reach a plea deal in connection with efforts to influence the U.S. government on behalf of foreign interests. After the 2016 election, Broidy served as a national deputy finance chairperson for the Republican National Committee. He resigned in the wake of a report he had paid a woman $1.6 million in exchange for her silence about a sexual affair. Trump’s personal attorney Michael Cohen helped arrange the settlement, Broidy acknowledged.
Michael Flynn Case Does Not Have to Be Immediately Dismissed, Appeals Court Rules
Washington Post – Ann Marimow and Spencer Hsu | Published: 8/31/2020
A federal judge can scrutinize the Justice Department’s decision to drop the criminal case against President Trump’s former national security adviser Michael Flynn, allowing the legal saga to continue. The decision from the full U.S. Court of Appeals for the District of Columbia Circuit gives U.S. District Court Judge Emmet Sullivan the go-ahead to question prosecutors’ unusual move to dismiss Flynn’s case ahead of sentencing. Flynn twice pleaded guilty to lying to the FBI about his Russian contacts before Trump took office in 2017. The decision by the full court reverses a ruling by a three-judge panel that ordered Sullivan to close the case. Judge Thomas Griffith said it would be premature for the appeals court to intervene and force Sullivan’s hand before he had rendered a decision.
Postal Chief DeJoy Has Long Leveraged Connections, Dollars
Associated Press News – Matthew Daly, Brian Slodysko, and Anthony Izaguirre | Published: 8/30/2020
How Louis DeJoy was hired as postmaster general is among the questions Congress is trying to unravel as lawmakers scrutinize a series of operational changes at the Postal Service that have resulted in widespread mail delays and fears the agency will not be able to handle an expected surge in mail-in ballots this fall as a result of the coronavirus pandemic. The Trump administration denies any impropriety in the selection of DeJoy, a former supply chain chief executive who is the first postmaster general in nearly two decades not to be a career postal employee. DeJoy’s prolific giving to organizations and Republican candidates, including $1.2 million to President Trump, has also drawn a spotlight to the transactional appearance of some of his contributions.
PPP Loans Helped Out Congressional Spouses’ Workplaces
Roll Call – Chris Marquette | Published: 8/28/2020
The Paycheck Protection Program is not accepting loan applications anymore, but the extent to which members of Congress and their families benefited from it continues to roll in. The law firm where U.S. Rep. Martha Roby’s husband works – and engages in a 401(k) profit sharing plan at the firm worth up to $1.8 million – received a loan between $5-$10 million. Conflict-of-interest prohibitions do not apply to the Paycheck Protection Program, a component of the $2 trillion CARES Act. As such, members of Congress and their families are allowed to get Paycheck – Protection Program relief, an effort they helped pass into law.
Top Lobbying, Public Affairs Firms Join to Form Holding Company
Bloomberg Law – Megan Wilson | Published: 8/28/2020
Five lobbying and public affairs firms have set up their own holding company, an unconventional partnership in the influence industry that allows them to expand their businesses while remaining independent. The Public Policy Holding Company will specialize in advocacy and is owned by the participating firms, a contrast to the more common practice of massive multinationals gobbling up K Street firms. The benefits for the firms include being able to offer clients a suite of lobbying, public affairs, and state-level advocacy without sacrificing their individual brands or businesses.
Canada
Canada – Montreal-Based Ventilation Company Becomes Fourth Company Banned from Federal Contracts for 10 Years
National Post – Christopher Nardi | Published: 9/1/2020
For the first time in four years, the federal government added a new company to its blacklist of suppliers. Les Industries Garanties Limitée is banned from bidding on federal contracts for a decade after an employee admitting bid-rigging in 2017. The company, which bills itself as “Montreal’s largest and most innovative leader in air conditioning services for commercial, industrial, residential and institutional sectors,” is only the fourth company to be deemed ineligible for federal contracts or real property agreements under the Integrity Regime. The regime aims to weed out and sanction any potential federal supplier who has been convicted of certain crimes, such as bribery, bid-rigging, or illegal lobbying.
From the States and Municipalities
Alabama – AG: Time for former Alabama speaker to go to prison
Associated Press News – Kim Chandler | Published: 8/31/2020
The Alabama Supreme Court refused to reverse its decision upholding much of the 2016 ethics conviction of former House Speaker Mike Hubbard, and the state attorney general said it is time for the once-powerful Republican to report to prison. The court this spring overturned five of the counts in Hubbard’s ethics convictions while upholding six others. Prosecutors accused Hubbard of leveraging his powerful public office to obtain clients and investments for his businesses. His defense lawyers maintained the transactions were all aboveboard.
Arizona – Charity Founded by Pinal County Sheriff Mark Lamb Has $18,000 in Unaccounted Spending
Arizona Republic – Andrew Oxford | Published: 8/31/2020
A charity founded by Pinal County Sheriff Mark Lamb reported raising more than $50,000 during its first year in operation but has not reported how it spent a single penny during that time. Instead, tax filings by the American Sheriff Foundation are largely blank, leave at least $18,000 unaccounted for, and do not disclose business relationships between board members that must be reported to the IRS. While the organization touts itself as building bridges between community and law enforcement, records obtained by The Arizona Republic leave unclear how much money the foundation is spending on charity and where the rest of its funds are going.
Arkansas – 2 Measures Kicked Off State Ballot
Arkansas Democrat-Gazette – John Moritz | Published: 8/28/2020
The Arkansas Supreme Court removed a pair of proposed changes to the state constitution from the November ballot, halting attempts to enact ranked-choice voting and a new method for drawing legislative and congressional districts. The court disqualified both measures on technical grounds, finding fault with the wording the groups behind the measures used to certify their paid canvassers met all the requirements to collect signatures. Arkansas Voters First and Open Primaries Arkansas wrote in submissions they “acquired ” criminal background checks for each of their canvassers. Secretary of State John Thurston’s office, however, said the groups needed to certify that the canvassers “passed” the background checks.
California – Biden-Linked Firm Won California Voter Outreach Contract
Associated Press News – Kathleen Ronayne and Chris Blood | Published: 8/27/2020
The California agency that oversees elections has signed a $35 million contract with a firm linked to Joe Biden’s presidential campaign to produce advertising to encourage voters to participate in the November election. Under the contract, SKD Knickerbocker, a Washington, D.C.-based public affairs firm, will help run the “Vote Safe California” campaign, which will urge people to vote during the pandemic. Anita Dunn, the firm’s managing director, is a senior strategist for Biden’s presidential campaign. The firm’s work for Biden is highlighted on its website, with a headline saying the company is “proud to be a part of Team Biden.”
California – He Paved the Way for Big Electronic Billboards. Then $75,000 Poured in for His Reelection
Los Angeles Times – David Zahniser and Emily Alpert Reyes | Published: 8/30/2020
When a real estate developer proposed a $1.2-billion skyscraper near downtown Los Angeles, city council member Curren Price stepped forward to champion the project, despite warnings it would accelerate gentrification in the area. Price urged his colleagues to approve the development in 2016, saying it would create hundreds of jobs. He also ensured that developer Ara Tavitian received permission to install three digital billboards on a 12-story building already located on the site, over objections from city planning commissioners. Months later, three of Tavitian’s real estate companies poured $75,000 into a PAC working to reelect Price.
Connecticut – Connecticut Judge: Public campaign grants can pay for child care
Connecticut Post – Emilie Munson | Published: 8/28/2020
A Connecticut judge ruled candidates for elected office can use public campaign funding to pay for childcare while they are campaigning, clearing the way for more parents to run for office in the state. The plaintiff, Caitlin Clarkson Pereira ran for state representative in 2018. The state agency that oversees campaign finance laws rebuked her attempt to use public election grants to cover childcare. The grants can be used to pay for travel and other expenses produced by a campaign.
Georgia – State Ethics Commission Says Atlanta Mayor Not Cooperating with Election Investigation
WSB – Richard Belcher | Published: 9/2/2020
The fallout from a long and expensive 2017 Atlanta mayor’s race is still being felt some three years later as ethics investigations dog the participants. In August, the Georgia’s ethics commission fined the losing candidate, Mary Norwood, $27,000 which she immediately paid off. But the commission said Mayor Keisha Lance Bottoms is not cooperating with its investigation into hundreds of thousands of dollars in suspected illegal campaign contributions. The commission notified Bottoms this past December they found evidence of nearly $400,000 of financial irregularities within the campaign.
Illinois – Former Cook County Commissioner Jeff Tobolski Admits to Bribery and Extortion
WBEZ – Dan Mihalopoulos | Published: 9/1/2020
Jeff Tobolski, a former Cook County commissioner and mayor, admitted he took “multiple extortion and bribe payments” worth a total of more than $250,000. He admitted conspiring with an unnamed McCook police officer to get cash payments from a restaurant owner in exchange for giving permission to the business to sell liquor. Media reports said a factory owner in Tobolski’s county board district felt pressured to give a campaign contribution to the commission while the businessperson’s application for a county property-tax break was pending. In one email, Tobolski said the tool-and-die business should contribute campaign cash annually and budget for the expense as if it were a “fixed cost” of doing business in his district.
Illinois – Former SafeSpeed Executive Who Wore FBI Wire Charged with Bribery Conspiracy Involving Oak Lawn Red-Light Camera Scheme
Chicago Tribune – Jason Meisner | Published: 8/31/2020
Federal prosecutors charged a central figure in their ongoing corruption probe in Chicago involving red-light camera company SafeSpeed. The one-count criminal information alleges Omar Maani, who was co-owner of the company, conspired with Patrick Doherty, who has worked as a paid consultant for SafeSpeed, and another sales agent for the company to pay $4,000 in bribes to pay off the relative of an Oak Lawn trustee to expand the number of red-light cameras there. To hide the purpose of the bribes, the money would come from a company where Doherty was a manager. Maani’s cooperation with federal authorities already has led to charges against a number of politicians and power players, including then-Illinois Sen. Martin Sandoval.
Illinois – Naperville Council Member Proposes Ethics Policy to Limit Influence of Campaign Donations on City Business
Chicago Tribune – Erin Hegarty (Naperville Sun) | Published: 9/2/2020
Naperville City Councilperson Theresa Sullivan requested the city look into whether it could enforce stricter ethics policies to keep campaign donations from influencing city council votes. Sullivan proposed city staff research amending Naperville’s ethics code to require council members and the mayor to recuse themselves from voting on an agenda item if the petitioner, or a representative of the petitioner, donated more than $500 to the mayor or council member’s most recent campaign.
Indiana – Whiting Mayor, Wife Pulled $255K from Campaign to Fuel Gambling Habit, Pay Credit Card Debt, Feds Say
Northwest Indiana Times – Lauren Cross | Published: 8/27/2020
Longtime Whiting Mayor Joe Stahura illegally spent $255,000 in campaign money to fuel his and his wife’s gambling habits, pay down debts, and support his adult daughter, federal prosecutors said in announcing felony charges against him. Diane Stahura transferred money from the campaign committee’s bank account to the Stahuras’ personal bank account, authorities said. Prosecutors said Joe Stahura filed a false tax return in 2019, falsely listing his gross income and not accounting for $51,480 stolen from the campaign account in 2018. Additionally, on his campaign finance report he overstated the loan repayment amount to his campaign by approximately $40,000, prosecutors said.
Iowa – Judge Voids 50,000 Absentee Ballot Requests in Iowa County
Associated Press News – Ryan Foley | Published: 8/28/2020
A judge ordered an Iowa county to invalidate 50,000 requests for absentee ballots, agreeing with President Trump’s campaign that its elections commissioner overstepped his authority by pre-filling them with voters’ personal information. Judge Ian Thornhill issued a temporary injunction ordering Linn County Auditor Joel Miller to notify voters in writing the forms should not have been pre-filled with their information and cannot be processed. Instead, they will have to either fill out new requests for absentee ballots or vote on Election Day. Republicans said the ruling would hold a “rogue auditor” accountable and enhance voting security, while Democrats called it an act of voter suppression.
Kentucky – Kentucky’s New Election Finance Reporting System Plagued with More Delays
Louisville Courier-Journal – Joe Sonka | Published: 8/28/2020
When it passed a law in 2019 requiring candidates and committees to file their campaign finance reports electronically, the Kentucky General Assembly was aiming for increased transparency. The new system would let taxpayers know as soon as possible who was contributing to whom. The law went into effect this year, but so far has fallen short of that aim. The system delays run counter to the essential mission of the agency, providing timely transparency on who is bankrolling political campaigns. It makes any major financial push by special interest groups difficult to detect.
Missouri – Judges Redo Voter Summary of Missouri Redistricting Measure
Associated Press News – Summer Ballentine | Published: 8/31/2020
A Missouri appeals court panel rewrote a summary for voters describing a November ballot measure that would revamp the state’s model for drawing fair and competitive legislative districts. The Legislature’s combined the redistricting changes with popular measures to lower campaign contribution limits and restrict lobbyist gifts to lawmakers. “We believe that voters need to be informed that they are being asked to reconsider, and substantially modify, a measure which they only recently approved,” according to the ruling written by Judge Alok Ahuja.
Montana – COPP Dismisses Complaints Against Bullock, Warns of Fees for Future Faulty Claims
Great Falls Tribune – Phil Drake | Published: 8/28/2020
The Montana Commissioner of Political Practices dismissed two complaints filed by the state Republican Party against Gov. Steve Bullock, saying they did not meet ethics code violations. In one case, Commissioner Jeff Mangan warned that ethics complaints, with and without basis in law and fact, are on a “steep rise” and he will begin charging complaints when cases fail to meet legal standards. He said conclusory statements, assumptions, or opinions are not enough to support a proceeding under the ethics code.
Montana – Judge Upholds Montana Political Spending Disclosure Rule
Associated Press News – Amy Beth Hanson | Published: 8/31/2020
U.S. District Court Judge Charles Lovell upheld Montana Gov. Steve Bullock’s executive order that requires companies to report political spending if they want to bid on large state contracts. Lovell ruled the Illinois Opportunity Project does not have the legal standing to challenge the order, which requires reporting of contributions even to “dark money” groups. Under Bullock’s order, companies submitting bids for contracts valued at more than $25,000 for services or $50,000 for goods must disclose two years’ worth of political spending if it exceeds $2,500.
New York – Court Shields Trump Tax Returns, Likely Until After Election
ABC News – Michael Sisak (Associated Press) | Published: 9/1/2020
A federal appeals court granted President Trump a temporary reprieve in the fight over his tax returns, barring Manhattan’s top prosecutor from getting the records while Trump’s lawyers embark on another bid to overturn the subpoena seeking them. With a temporary stay in place and Trump expecting a return to the U.S. Supreme Court, it is unlikely the case will be resolved or any tax returns will be turned over before the November election. A lawyer for Manhattan District Attorney Cyrus Vance Jr.’s office argued further delays to the enforcement of a subpoena issued nearly a year ago would only hamper their investigation, which he said covers a wide range of business dealings connected to the Trump Organization.
Ohio – FirstEnergy, Caught Up in FBI Investigation, Used Its ‘Political Might’ to Pressure the Ohio Statehouse
MSN – John Caniglia (Cleveland Plain Dealer) | Published: 8/27/2020
Interviews and a review of hundreds of pages of court documents and campaign finance reports, show FirstEnergy and its affiliates have used an army of lobbyists, lawyers, and consultants, as well as political contributions, to pressure Ohio lawmakers to get what they want when they want it. The companies have used a rough-and-tumble political style to gain legislators’ support through fear or favor, according to interviews and court records. The tactics have sought to mold even the most independent lawmakers into compliant followers. The strategy became clear when the racketeering indictment of Former Speaker Larry Householder and four associates linked to House Bill 6 underscored the political influence of FirstEnergy and its former subsidiary, FirstEnergy Solutions.
Ohio – Ohio Elections Commission Fines Anti-Nuclear Bailout Campaign Group for Not Disclosing Donors
Cleveland Plain Dealer – Andrew Tobias | Published: 8/27/2020
The Ohio Elections Commission fined the group behind the failed 2019 campaign to repeal House Bill 6, the nuclear bailout law, for failing to disclose who funded their efforts. Ohioans Against Corporate Bailouts faces a fine of at least $5,225, or $25 for each day that has passed since a January 31 campaign finance deadline. Commission members approved the fine recommended by staff after the group failed to file a routine report detailing donors and campaign expenses. Particularly since House Bill 6 was implicated in a federal corruption investigation, advocates and state lawmakers have cited the fight over the bill in calls for reforms to increase transparency in Ohio’s campaign finance system.
Ohio – Ohio Elections Commission to Consider 162 Campaign Finance Complaints Related to Larry Householder’s Campaign for Speaker
Cleveland Plain Dealer – Andrew Tobias | Published: 8/27/2020
Larry Householder and his allies committed dozens of violations of state campaign finance law, including bribery, while helping Householder become and retain his power as speaker of the House, Ohio Secretary of State Frank LaRose said. LaRose referred 162 elections complaints to the Elections Commission against Householder and four other men: his former top political aide Jeff Longstreth and lobbyists Matt Borges, Juan Cespedes, and Neil Clark. The alleged violations parallel a federal investigation, which has charged Householder and the others of accepting more than $60 million in bribes, funneled through a network of political groups, from FirstEnergy and its affiliates to help Householder get elected as speaker in 2019.
Ohio – Ohio House Poised to Remove Householder from Legislative Ethics Panel Following Corruption Arrest
Cleveland Plain Dealer – Andrew Tobias | Published: 9/1/2020
The Ohio House is moving to remove state Rep. Larry Householder from his seat on a legislative ethics board, six weeks after Householder was arrested in a federal corruption probe. Republicans added language to an unrelated bill to make it possible to remove Householder from the Joint Legislative Ethics Committee (JLEC), which oversees lobbying and ethics rules for the Legislature. Householder had gotten an automatic seat on the JLEC board when he was speaker, and state law otherwise was designed to prevent removing a lawmaker once they are on.
Oregon – Oregon Voters to Decide on Limitless Corporate Political Donations
Sludge – David Moore | Published: 8/30/2020
As the first state in the nation to adopt vote-by-mail and automatic voter registration, Oregon has built a reputation for high voter turnout. But while Oregon voters have their say at the ballot box, corporations have their say more frequently in the Legislature, by keeping the state’s politicians awash in campaign cash. Oregon is one of five states that lack any limits on campaign contributions made by corporations, and one of eleven that lack any limit on individual donations to a candidate. The result is the state is number one in per capita corporate political donations and sixth overall in total corporate political donations. Heading into the November election, a coalition of state groups is putting the issue of unlimited corporate money in state politics before voters in a ballot initiative that would amend the state constitution.
Virginia – Virginia Agrees to Make Mail-In Voting Accessible to Blind Voters Who Sued
Washington Post – Meagan Flynn | Published: 9/1/2020
For vision-impaired voters in Virginia, there was no easy way to vote. They would either have to risk their health during a pandemic to vote in person or forgo voter privacy by asking someone to fill in the blanks on their mail-in ballot forms. Now, after the center and several other groups advocating for the blind filed a federal lawsuit, the Virginia Department of Elections has agreed to offer a new option. A consent decree will allow vision-impaired individuals to electronically receive mail-in ballots compatible with screen-reader assistive technology. The agreement applies only to the November 3 election.
Washington – Washington One of the Few States Without a ‘Cooling Off’ Period for Public Servants Turned Lobbyists
Seattle Times – Joseph O’Connell and Patrick Malone | Published: 9/2/2020
Nearly one in five of Washington’s roughly 800 registered lobbyists previously worked in state government or elected office. That includes about 60 lobbyists who came from high-ranking public positions. They include former chiefs of staff of governors, Cabinet secretaries, and deputy directors for state agencies. Several are former state lawmakers or attorneys for the Legislature. Government-reform advocates say the “revolving door” creates the potential for powerful interests to influence public servants who could be in line to land a job outside government. Then, as lobbyists, former officials can use their extensive knowledge and contacts to potentially exercise outsized influence on policy and legislation.
West Virginia – Lawsuit Reveals Lobbyist Drama
Wheeling News-Register – Steven Allen Adams | Published: 8/30/2020
Depositions filed in federal court revealed the internal drama behind the selection of standardized tests and the rivalry between the former state superintendent of schools and a lobbyist. It was a rivalry that spilled into social media with attacks on the West Virginia Department of Education, state education officials allegedly threatening one major testing supplier and even pressuring another testing supplier to hire their own lobbyist to “combat” and “neutralize” the other lobbyist. The lawsuit filed by lobbyist Jason Webb against Steve Paine, former state superintendent of schools, and Jan Barth, assistant superintendent for the Division of Teaching and Learning at the Department of Education, showcases the fight between two companies to become the state’s new standardized test.
August 28, 2020 •
News You Can Use Digest – August 28, 2020
![News You Can Use Digest – August 28, 2020](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal After Online Warnings, Armed Civilians Bring Threat of Violence to Protests in Kenosha and Elsewhere Washington Post – Joshua Partlow, Isaac Stanley-Becker, and Mark Guarino | Published: 8/26/2020 Civilians carrying assault rifles and handguns were visible on the streets in […]
National/Federal
After Online Warnings, Armed Civilians Bring Threat of Violence to Protests in Kenosha and Elsewhere
Washington Post – Joshua Partlow, Isaac Stanley-Becker, and Mark Guarino | Published: 8/26/2020
Civilians carrying assault rifles and handguns were visible on the streets in Kenosha throughout the chaotic events that left two people dead and another wounded. This included the alleged shooter, who was captured on video running with an assault rifle near a gas station at the center of the unrest. Militia-style groups and their sympathizers have become a regular fixture in the United States this summer, appearing at dozens of events and confronting racial justice protesters. Experts who track militia activity have been warning that the proliferation of powerful weapons in untrained hands during tense protests is a recipe for bloodshed.
Appeals Court Backs Greater Disclosure of ‘Dark Money’ Donors
Politico – Josh Gerstein | Published: 8/21/2020
The District of Columbia Circuit Court of Appeals upheld a ruling that found the FEC’s donor-disclosure regulations regarding groups that spend money on independent expenditures – ads that expressly support or oppose political candidates – were too weak to comply with federal law. While donors to super PACs are disclosed, even politically active nonprofits typically do not disclose their donors, creating the opportunity for some wealthy individuals to secretly spend tens of millions of dollars on political races. The appeals court decision appears to wipe out at least some of the methods groups and individuals have utilized to keep donations secret.
Black, Latino Lobbyists Bristle at Progressives Pushing Corporate K Street Ban on Biden
The Hill – Alex Gangitano | Published: 8/25/2020
A battle is brewing on K Street over an effort by progressives to ensure a Biden administration is devoid of any former Wall Street executives or corporate lobbyists. Black and Latino lobbyists say a ban of that sort would end up shutting out minorities and could make the administration less diverse if Democrats win back the White House. The tensions date back to April, when eight progressive groups wrote a letter calling on Joe Biden to vow not to appoint any “current or former Wall Street executives or corporate lobbyists, or people affiliated with the fossil fuel, health insurance or private prison corporations” to his transition team, Cabinet, or as top aides. That demand did not sit well with some minority lobbyists, who argue corporate lobbyists should not be denied a spot in the administration.
Consultant Charged in Covert Lobbying of Trump Officials
Courthouse News Service – Eric Tucker (Associated Press) | Published: 8/24/2020
Prominent Hawaii political fundraiser Nickie Lum Davis and several others are being accused of using their clout to thwart an investigation into a Malaysian state investment fund. Court documents show that among other activities, Davis and two fundraisers helped arrange a meeting between President Trump and Malaysian Prime Minster Najib Razak. Federal prosecutors say Davis failed to disclose to the lobbying effort was done on behalf of a fugitive Malaysian financier who has been charged in the U.S. with conspiring to launder billions of dollars. Davis was charged with one count of violating the Foreign Agents Registration Act.
Democrats Push to Revamp Political Money System That’s Boosting Their Campaigns
Roll Call – Kate Ackley | Published: 8/19/2020
Democrats adopted a platform at their convention that calls for an overhaul of campaign finance laws, including forcing the disclosure of covert sources of political spending, money that right now is helping to boost the party’s candidates for the House, Senate, and White House. Big donors, super PACs, and nonprofit groups that may shield their donors’ identities are going all in for the 2020 campaigns, funding ads and other efforts for candidates in both parties. Yet if Democrats hold the House and win control of the Senate and White House, activists say they plan to step up the pressure on the party to revamp the system, even though it would be that system that helped put them in charge.
Focus on Trump’s Official White House Actions as Part of Republican Convention Programming Raises Hatch Act Concerns
Philadelphia Inquirer – Michelle Ye Hee Lee and Josh Dawsey (Washington Post) | Published: 8/26/2020
The decision by the Republican National Convention to feature President Trump conducting official business inside the White House underscores how he is leveraging the powers of his office for political gain, raising questions about whether an event violated federal law. The most widely known civil provisions of the Hatch Act do not apply to the president and the vice president. But the law applies to executive branch employees who are involved in planning or executing any political events staged at the White House, including video segments filmed there, experts said. While the president and vice president are exempt from the civil provisions of the law, they are subject to two criminal provisions derived from the Hatch Act, said Kathleen Clark, a legal and government ethics professor at Washington University.
Inside the Democratic Party’s Plan to Prevent Vote-by-Mail Disaster
Politico – Zach Montellaro and Elena Schneider | Published: 8/25/2020
The Democratic Party is kicking off the most complicated get-out-the-vote campaign in history. The party’s virtual convention marked the unofficial start of a massive public education, voter contact, and legal strategy to make voting by mail a success in the fall. Record high numbers of people plan to vote by mail due to the coronavirus pandemic, and that group skews heavily Democratic, according to polling. But voting by mail is also more complicated than voting in person, and the party’s campaign machinery has rapidly transformed itself into a system for helping voters navigate those obstacles.
Kellyanne Conway to Leave the White House at the End of the Month, Citing the Need to Focus on Her Family
Washington Post – Ashley Parker | Published: 8/23/2020
Kellyanne Conway, a senior adviser to President Trump and one of his longest-serving aides, is leaving the White House at the end of August. Conway, whose title is counselor to the president, was Trump’s third campaign manager in 2016 and the first woman to successfully manage a presidential bid to victory. She and her husband became an object of fascination as George Conway ramped up his criticism of the president in 2018 while Kellyanne Conway remained a top adviser to Trump.
More Than 500,000 Mail Ballots Were Rejected in the Primaries. That Could Make the Difference in Battleground States This Fall.
MSN – Elise Viebeck (Washington Post) | Published: 8/23/2020
More than 534,000 mail ballots were rejected during primaries across 23 states this year, nearly a quarter in key battlegrounds for the fall, illustrating how missed delivery deadlines, inadvertent mistakes, and uneven enforcement of the rules could disenfranchise voters and affect the outcome of the presidential election. The stakes are high as the most chaotic presidential election in memory collides with a once-in-a-century pandemic, which has led 20 states to expand or ease access to voting by mail as a public health measure. The rates of rejection could make a difference in the fall if the White House contest is decided by a close margin.
New Bill Seeks to Bring Lobbying Out of the Shadows
Sludge – Donald Shaw | Published: 8/20/2020
U.S. Reps. Dean Phillips and Ben Cline introduced the Lobbying Disclosure Reform Act of 2020, which would require companies, trade groups, and other entities that employ lobbyists to begin disclosing information about the “strategic lobbying services” they employ in support of their lobbyists. The bill would require reporting of individuals employed in strategic planning, polling, production of public communications, and encouraging people to take action to support or oppose a legislative or regulatory action through the formation of formal or informal coalitions. Requiring disclosure of strategic services will partially address “shadow lobbying” by former members of Congress who join lobbying firms without technically registering as lobbyists to comply with ethics laws.
The Pandemic Is Creating a New Crop of Political Candidates: Unemployed workers
Washington Post – Eli Rosenberg | Published: 8/24/2020
Thousands of people are running for office this year, and while most made the decision well before the pandemic struck, a small crop of candidates have more recently jumped into political races after losing their jobs or dealing with other work-related fallout from the pandemic. These candidates have little political experience but have survived through the devastating economic fallout that caused more than 20 million workers to lose their jobs. There are no numbers on these candidates nor any guarantee of their chances to win, but they show how, increasingly, pandemic unemployment is becoming a major influence on politics.
Top U.S. Officials Told C.D.C. to Soften Coronavirus Testing Guidelines
MSN – Sheryl Gay Stolberg (New York Times) | Published: 8/26/2020
Trump administration officials defended a new recommendation that people without Covid-19 symptoms abstain from testing, even as scientists warned the policy could hobble an already weak federal response as schools reopen and a potential autumn wave looms. The day after the Centers for Disease Control and Prevention (CDC) issued the revised guidance, there were conflicting reports on who was responsible. Two federal health officials said the shift came as a directive to the CDC from higher-ups in Washington at the White House and the Department of Health and Human Services.
Trump Praises Baseless QAnon Conspiracy Theory, Says He Appreciates Support of Its Followers
Washington Post – Colby Itkowitz, Isaac Stanley-Becker, Lori Rozsa, and Rachael Bade | Published: 8/19/2020
President Trump gave a boost to the baseless QAnon conspiracy theory, saying he appreciated the support of its followers. At a briefing about the online movement, which the FBI has identified as a potential domestic terrorist threat, he claimed not to know anything about it other than the affection its adherents have for him. But when a reporter outlined the claims underlying the theory – “that you are secretly saving the world from this Satanic cult of pedophiles and cannibals” – Trump seemed to embrace that role for himself. Though its followers have been heralding Trump for years, there is concern the philosophy is seeping into the mainstream as candidates who espouse its ideas are now competing in, and winning, congressional races.
Trump’s Suggestion of Deploying Law Enforcement Officials to Monitor Polls Raises Specter of Voting intimidation
Washington Post – Rosalind Helderman, Josh Dawsey, and Matt Zapotosky | Published: 8/21/2020
More than 30 years ago, a Republican Party program that dispatched off-duty police officers to patrol polling places in heavily Black and Latino neighborhoods in New Jersey triggered accusations of voter intimidation, resulting in a federal agreement that restricted for decades how the national GOP could observe voting. Now, two years after those limits were lifted, President Trump has revived the idea of using law enforcement officers to patrol polling places, invoking tactics historically used to scare voters of color.
Wife of Ex-California Congressman Duncan Hunter Sentenced for Corruption
Riverside Press-Enterprise – Julie Watson (Associated Press) | Published: 8/24/2020
Margaret Hunter, the wife of former U.S. Rep. Duncan Hunter was sentenced to eight months of home confinement after pleading guilty to misusing more than $150,000 in campaign funds in a corruption case that ended her husband’s career. Prosecutors noted Margaret Hunter’s cooperation with the prosecution of her husband in arguing against putting her behind bars and for allowing her to serve the sentence at home. Duncan Hunter was sentenced in March to 11 months in prison after pleading guilty.
Canada
Canada – Conservatives Claim ‘Coverup’ After Trudeau Shuts Down Parliament
CBC – Kathleen Harris | Published: 8/19/2020
Conservative lawmakers are accusing Prime Minister Justin Trudeau of a “coverup” by shutting down Parliament to dodge scrutiny of his government’s role in the WE Charity controversy. Trudeau announced Gov. Gen. Julie Payette granted his request to prorogue Parliament until September 23. He said the move will allow his government to present a long-term economic recovery plan for Canada after the Coronavirus pandemic and an opportunity for the House of Commons to vote on whether it has confidence in the government to move forward on that plan. WE Charity was awarded a $43.5 million contract to manage the $900 million student volunteer grant program. Trudeau and then-Finance Minister Bill Morneau did not recuse themselves from talks on the deal, despite both having family ties to the organization.
From the States and Municipalities
Arizona – Maricopa County Won’t Pursue Charges Over Explicit Photos of Arizona Lawmaker Sent to Lobbyist
Arizona Republic – Andrew Oxford | Published: 8/25/2020
The Maricopa County Attorney’s Office will not file charges after investigating allegations the husband of a state legislator sent explicit photographs of the lawmaker to a lobbyist, who believed the couple was trying to solicit her for sex. Records show state Sen. Michelle Ugenti-Rita and her now husband, former gubernatorial aide Brian Townsend, refused to speak with investigators about the photos. The records also show the lobbyist told investigators the images she received were unsolicited and unwanted and she believed the two were taking advantage of their positions of power. Rep. Anthony Kern raised questions about whether the incident involved violations of Arizona’s law against what is known as revenge pornography.
California – Elections Watchdog OK’s Settlement Over LA County’s Measure H Advocacy
Los Angeles Daily News – Chris Haire | Published: 8/20/2020
Los Angeles County will pay a $1.35 million settlement under an agreement approved by the California Fair Political Practices Commission to resolve claims that its board of supervisors misused taxpayer money when it hired a communication firm to promote a proposed sales tax hike. Supervisors hired TBWB Strategies to execute a public education campaign and advertising surrounding the ballot measure. The Howard Jarvis Taxpayers Association argued the county spent money on what should be considered campaign-related activities. If that were the case, under state law, the county would have had to make various public disclosures, including having its name and “paid for by” on any advertisements.
California – FBI L.A. Chief Reassigned Amid Flap Over Agents’ Meeting at Dodgers Playoff Game
Politico – Josh Gerstein | Published: 8/25/2020
The top FBI agent in Los Angeles departed in the wake of a U.S. Justice Department inspector general’s report that found he was responsible for violations of federal ethics requirements and FBI policies by holding a meeting with his management team in an exclusive club at Dodger Stadium during the playoffs two years ago and allowing them to indulge in the free buffet. Seven of those present dined at the buffet and one top intelligence chief drank a beer, the report said, but no one from the bureau paid for the luxury seats and food. Paul Delacourt was reassigned from his post overseeing the regional office. Delacourt disputed the report’s findings.
California – Lobbyist Agrees to Plea Deal in L.A. City Hall Corruption Case
Los Angeles Times – Emily Alpert Reyes and Joel Rubin | Published: 8/25/2020
Lobbyist and former :Los Angeles City Hall official Morrie Goldman agreed to plead guilty to conspiring to commit bribery and honest services mail fraud, the latest person to strike such a deal in an ongoing “pay-to-play” probe. Federal prosecutors say Goldman was part of a bribery scheme in which one of his clients, a real estate developer, agreed to give tens of thousands of dollars to a PAC in exchange for city Councilperson Jose Huizar taking steps to help a project. Prosecutors alleged Goldman pressured real estate developers to give to a committee that was set up to benefit a relative of Jose Huizar planning to run for his seat.
Connecticut – Top Lamont Aide Had a $100K Job in 2017 with Eversource, the Utility That the Governor Says He’ll Hold Accountable
Hartford Courant – Jon Lender | Published: 8/22/2020
At Connecticut Gov. Ned Lamont’s request, state utility regulators are investigating Eversource and United Illuminating over their failures in responding to Tropical Storm Isaias, to determine, among other things, whether civil penalties should be imposed on them. Yet at the same moment Lamont says he wants to hold the two big utility companies accountable, his chief of staff is Paul Mounds Jr., who three years ago had a $100,000 researcher’s job with Eversource, for which he registered as a company lobbyist in 2017 with the Office of State Ethics.
Florida – Ethics Referendum Passes with 62% Support from Voters in City of Naples
Naples Daily News – Brittany Carolini | Published: 8/18/2020
The referendum amends the city’s charter to establish an independent ethics commission and an ethics office and to set minimum requirements for Naples’ ethics code. Once formed, the commission will be provided the authority to receive and investigate complaints and impose penalties. The ethics office will be responsible for items such as keeping records, filing complaints, and offering training programs. The referendum results are the outcome of years of debate and a court case regarding the city’s ethics rules and the legality of the proposed referendum.
Illinois – Feds Charge a Former Cook County Commissioner with Corruption
WBEZ – Dan Mihalopoulos | Published: 8/21/2020
In the latest in a series of public-corruption cases filed in the Chicago area, federal prosecutors leveled two felony counts against Jeff Tobolski, a former Democratic Cook County commissioner and mayor of the village of McCook. The charges of extortion and lying on his income taxes came nearly a year after investigators raided the village’s Town Hall on the same day they searched a variety of sites across the state, including a state lawmaker’s office at the Illinois Capitol and the municipal offices of other Chicago suburbs.
Kansas – With Teen Staying in Kansas House Race, Democrats Weigh Bad Behavior Against Voter Will
Kansas City Star – Jonathan Shorman and Steve Vockrodt | Published: 8/25/2020
Aaron Coleman acknowledged sordid behavior in middle school, when he threatened to share a girl’s nude photograph if she did not send other pictures to him. He posted caustic messages to social media earlier this year, saying he would “giggle” when a former Republican lawmaker died of the coronavirus. Then he upended the established political order, defeating a longtime Wyandotte County lawmaker in the Democratic primary election. Coleman, a 19-year-old college student and dishwasher, vowed to campaign on to November. Coleman’s candidacy is forcing Democrats to confront uncomfortable questions about what should happen when voters choose someone whose past behavior has been universally condemned.
Maryland – MES Board Members Say McGrath Assured Them Governor Was on Board with Payout; Hogan Says He Wasn’t Involved in Decisions
Baltimore Sun – Pamela Wood | Published: 8/25/2020
Members of the Maryland Environmental Service board of directors told a legislative committee the agency’s director, as he left to become Gov. Larry Hogan’s chief of staff, assured them the governor was on board with a proposal to give him a year’s salary as severance. Three members of the board told legislators they feel misled by Roy McGrath about his severance. They testified at an oversight hearing that McGrath assured them Hogan supported the plan to pay McGrath about $238,000. The governor said he had no role in the board’s decisions involving McGrath as he prepared to join his team.
Missouri – GOP Lawmakers Appeal Rebuke of ‘Unfair’ Cleaner Missouri Ballot Language They Wrote
Springfield News-Leader – Austin Huguelet | Published: 8/19/2020
Republican lawmakers asking voters to repeal changes they made to the state’s redistricting process on the 2020 ballot are not giving up on framing the question their way. The day after a Cole County judge called the way they summarized a proposal they put on for the November ballot as “misleading” and “unfair”
and wrote a new summary, the state attorney general’s office filed notice that lawmakers plan to appeal. Cole County Circuit Court Judge Patricia Joyce tore into Republican legislators in a ruling, saying they failed “to even allude to” the main point of their plan in the language meant to describe it to voters on the ballot.
Missouri – Plenty of Blame: Audit slams Page, council and county auditor for failures that enabled Stenger schemes
St. Louis Post-Dispatch – Jeremy Kohler | Published: 8/20/2020
Weak oversight by the St. Louis County Council under then-Chairperson Sam Page and by County Auditor Mark Tucker contributed to the abuses of former County Executive Steve Stenger, according to a report by Missouri Auditor Nicole Galloway’s office. The audit also found several instances, before and after Page succeeded Stenger as county executive, in which he and the council had shored up vulnerabilities Stenger had exploited. The audit said Stenger and his close advisers manipulated the county’s procurement process or meddled with contracts issued by the St. Louis Economic Development Partnership and St. Louis County Port Authority.
Montana – Supreme Court Rejects Republican Effort to Restore Green Party Candidates on Montana Ballot
Courthouse News Service – Nicholas Iovino | Published: 8/25/2020
The U.S. Supreme Court denied a request by Montana Secretary of State Corey Stapleton to place Green Party candidates back on state ballots this November, a move some argued would benefit Republicans by drawing votes away from Democrats. The decision follows a ruling by the Montana Supreme Court upholding a state District Court judge’s decision to strike Green Party candidates from the ballot due to a signature-gathering scandal. More than 560 people asked for their names to be removed from ballot petitions after they learned the Republican Party funded the $100,000 signature-gathering effort and failed to disclose the spending in violation of campaign finance laws.
New Jersey – N.J. Man Indicted on Corruption Charges for Paying City Employee to Help Secure $350K Contract
Newark Star Ledger – Joe Atmonavage (NJ Advance Media) | Published: 8/19/2020
Jeanmarie Zahore was indicted on public corruption charges after he allegedly made numerous cash payments to a city of Orange employee who helped the man’s company get a $350,000 contract with the city. According to authorities, Zahore allegedly “engaged in a scheme” starting in August 2015 to offer and give “corrupt cash payments” to an unnamed Orange public official in exchange for the city employee using their influence to reward Zahore’s computer consulting business, JZ Nettech, with a lucrative city contract to install a computer networking system at the municipal complex that houses the Orange Municipal Court and the Orange Police Department.
New York – N.Y. Attorney General Asks Judge to Order Eric Trump’s Testimony
New York Times – William Rashbaum and Danny Hakim | Published: 8/24/2020
The New York attorney general’s office has asked a judge to order Eric Trump to provide testimony under oath and the Trump Organization to hand over documents about four Trump properties it is investigating, asserting the company has stalled the inquiry for months. The filings come as President Trump faces legal actions on several fronts. The Manhattan district attorney’s office has suggested it is investigating possible bank and insurance fraud by the president and the Trump Organization. State Attorney General Letitia James started the civil inquiry after President Trump’s former personal lawyer, Michael Cohen, told Congress the president had inflated his assets in financial statements to banks when he was seeking loans and had understated them to reduce his real estate taxes.
New York – Sheldon Silver Begins Prison Sentence in Corruption Case
Associated Press News – Tom Hayes and Michael Balsamo | Published: 8/26/2020
Former New York Assembly Speaker Sheldon Silver, once one of the most powerful politicians in the state, started his prison sentence after years of fending off going behind bars. He was sentenced earlier this year to six-and-one-half years in a corruption case. Silver was ousted as speaker in 2015 and convicted later that year, but appeals had kept him out of prison. “His time has come,” District Court Judge Valerie Caproni said. “He needs to go to jail.”
North Carolina – N.C. Political Donor Gets 7 Years in Prison, Hayes Probation
Associated Press News – Staff | Published: 8/19/2020
A federal judge sentenced North Carolina’s largest political donor to more than seven years in prison for his role in a bribery scheme unearthed by an FBI sting. Businessperson Greg Lindberg was sentenced after the judge gave probation to former U.S. Rep. Robin Hayes for lying to FBI agents during the government’s investigation. Hayes and Lindberg were among four people indicted in 2019, accused of trying to give over $1.5 million to help state Insurance Commissioner Mike Causey’s 2020 campaign, in exchange for Causey removing an official in his department. The third person convicted in the case, John Gray, was sentenced to 30 months in prison.
North Carolina – Powerful NC Lawmaker Took Donors’ Money for His Own Use, Prosecutors Say
Raleigh News and Observer – Will Doran | Published: 8/20/2020
One of the most powerful Republicans in the North Carolina Legislature was charged with federal financial crimes in what prosecutors say was a scheme to take money from his political donors for personal use. State Rep. David Lewis for the last several years has been chairperson of the influential House Rules Committee. The charges outline $65,000 he allegedly took for personal use in August 2018. Lewis had filed to run for re-election this year, but then in July surprised the political world with an announcement he would retire at the end of his term this year.
North Dakota – North Dakota Supreme Court Orders Measure 3 Removed from Ballot
Bismarck Tribune – Jack Dura | Published: 8/25/2020
The North Dakota Supreme Court sided with opponents who sued to keep off the November ballot a measure that would write many new election processes in the state constitution. The measure is a constitutional initiative that would enact new processes for military-overseas voting, election audits, open primaries, instant runoffs, subdivided state House districts, and new legislative districts drawn by the state’s Ethics Commission, which voters approved in 2018. Opponents disputed the petition’s title and cited the omission of the full text of a statute mentioned in the measure’s petition.
Ohio – How Mid-Level Ohio Political Operative Jeff Longstreth Found Himself at Heart of Householder Scandal
Akron Beacon Journal – Jesse Balmert (Concinnati Equirer) | Published: 8/24/2020
The man behind the scenes of Ohio’s largest bribery scheme might be the state’s most powerful political operative no one has ever heard of. Jeff Longstreth is called former Speaker Larry Householder’s “implementer” and “political guy” by federal investigators laying out detailed allegations of a nearly $61 million “pay-to-play” scheme. Longstreth was not a key player in Ohio politics until Householder needed someone to help him stage a political comeback. Together, they took control of the Ohio House, passed a $1.3 billion bailout for nuclear plants, and defended that law against a ballot initiative to block it, according to a complaint used to arrest the duo and three others.
Ohio – Ohio Elections Commission to Consider Sanctioning Failed Campaign to Repeal Nuclear Bailout Bill
Cleveland Plain Dealer – Andrew Tobias | Published: 8/25/2020
The failed 2019 campaign to repeal House Bill 6, the nuclear bailout law now at the center of a federal corruption investigation, is facing possible sanctions from the Ohio Elections Commission for not disclosing who funded the campaign. Commission members will consider a complaint against Ohioans Against Corporate Bailouts, the well-financed political group that attempted to repeal the law through a citizen’s referendum. The group disbanded last year, shortly after it missed a deadline to collect the hundreds of thousands of signatures needed to place the issue on the ballot. Commission staffers recommend the group be fined $5,225, or $25 for each day that has passed since January 31, the deadline to report for campaign groups that performed political work during 2019.
Ohio – Ohio State Rep. Nino Vitale Subject of Campaign-Finance Complaint from Secretary of State Frank LaRose
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 8/26/2020
Secretary of State Frank LaRose accused an outspoken state lawmaker of a series of campaign finance violations via a complaint filed with the Ohio Elections Commission. LaRose said the review began after Rep. Nino Vitale submitted a blank page on June 5, when the most recent campaign finance report was due. LaRose accuses Vitale of improperly using his campaign resources, including his website and social media account, to promote his personal concealed-carry firearms training business, and also alleges Vitale failed to properly report fundraising activity in his most recent report he filed in June.
Pennsylvania – A Dark Money Mystery
Spotlight PA – Angela Couloumbis, Brad Bumsted, and Sam Janesch | Published: 8/20/2020
Launched by Ray Zaborney, a political strategist who doubles as a lobbyist, the Growth and Opportunity Fund has been operating in Pennsylvania for six years. For those seeking to influence the agenda in Harrisburg without public scrutiny, such groups are particularly useful tools. They do not have to who bankrolls them and must only make public limited information on spending. Political operatives can move seamlessly and simultaneously between campaigns, dark money groups, and lobbying, capitalizing on a system with weak rules and little oversight.
South Dakota – Asked by City Council to Clarify Report, Board of Ethics Says ‘Read It Again’
Sioux Falls Argus Leader – Trevor Mitchell | Published: 8/6/2020
Asked by the city council to clarify their report on a complaint against a councilor, a clearly frustrated Sioux Falls Board of Ethics added nothing to a report except a note saying the council should read it again. The complaint centers on a trip taken by Councilor Greg Neitzert to Dallas in October 2019 with Mayor Paul TenHaken. The two attended a conference of Republican municipal and county officials, hosted by the group Community Leaders of America. In a complaint against Neitzert, says he violated the city’s ethics policies when the group paid for his travel expenses.
Tennessee – Tennessee Gov Signs Bill Upping Penalties on Some Protests
Associated Press News – Kimberlee Kruesi and Jonathan Mattise | Published: 8/21/2020
A new Tennessee law makes it a felony for protesters to camp out overnight on state property. If convicted, they could lose their voting rights and face up to six years in prison. Although some states are moving towards restoring voting rights for felons, it remains illegal for felons to vote in Tennessee. Lawmakers advanced the bill amid nearly two months of frequent protests outside the Capitol. The mostly young Black activists who spearheaded the demonstration had been calling for racial justice reforms and for a meeting with Gov. Bill Lee. The governor and some lawmakers have defended the protest bill by pointing to a demonstration that resulted with some participants setting fires inside and outside a courthouse.
Wisconsin – Milwaukee Ethics Board Votes to Subpoena Former Fire and Police Commission Chairman’s Income Tax Records
Milwaukee Journal Sentinel – Alison Dirr | Published: 8/24/2020
Milwaukee’s Ethics Board voted to subpoena tax records from former Fire and Police Commission (FPC) Chairperson Steven DeVougas. He is still a member of the FPC but was replaced as chair. An ethics complaint brought by the Milwaukee Police Association raises concerns about DeVougas’ presence in the police interview of a powerful real estate developer accused of sexual assault. The complaint charges DeVougas’ presence with the developer, who was also his client, violated the public’s trust and was a misuse and abuse of his position at the FPC. The other counts allege DeVougas did not list his ties to the developer’s company on documents known as statements of economic interest.
August 21, 2020 •
News You Can Use Digest – August 21, 2020
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National/Federal Biden Aides Headline DNC Fundraisers with Lobbyists Politico – Theodoric Meyer | Published: 8/13/2020 When Barack Obama won the Democratic presidential nomination in 2008, he barred the Democratic National Committee (DNC) from accepting contributions from lobbyists in an attempt to […]
National/Federal
Biden Aides Headline DNC Fundraisers with Lobbyists
Politico – Theodoric Meyer | Published: 8/13/2020
When Barack Obama won the Democratic presidential nomination in 2008, he barred the Democratic National Committee (DNC) from accepting contributions from lobbyists in an attempt to purge their influence from his future administration. Joe Biden does not appear to have the same concerns. The DNC started accepting checks from lobbyists again in 2016 and has continued to do so as Biden accepted the Democratic nomination. While the Biden campaign has sworn off contributions from lobbyists, it has dispatched top staffers to headline at least four Zoom fundraisers benefiting the DNC and hosted by prominent Democratic lobbyists.
‘Climate Donors’ Flock to Biden to Counter Trump’s Fossil Fuel Money
New York Times – Lisa Friedman | Published: 8/18/2020
The changing climate is now a core campaign issue and a focus for fundraising. Joe Biden has raised more than $15 million in contributions from hundreds of new donors who specifically identify with climate change as a cause. That climate-specific fundraising may make up about five percent of the total he has raised so far. It is dwarfed by fossil fuel donations to President Trump, who took in $10 million from a single fundraiser held by oil billionaire Kelcy Warren. It is not known how much unregulated money is going to super PACs aligned with Democrats from other self-identified climate donors. But the hard money climate donations represent a growing counterweight to oil, gas, and coal money that has long warped the energy conversation in Washington. D.C.
Coronavirus Sidelines Lobbyists at the Influence Industry’s Super Bowl
NBC News – Ginger Gibson | Published: 8/17/2020
The absence of in-person nominating conventions this year means lobbyists have been effectively sidelined. Washington, D.C. lobbying has been turned upside because of the coronavirus pandemic. The conventions are no exception, leaving the influence industry to assess how it will operate when life returns to normal. Much of the work of lobbying generally involves making the trek up Capitol Hill to meet with lawmakers and their staffs to explain a client’s point of view. But with the halls of Congress closed, meetings have shifted to Zoom calls. So, with this year’s conventions, lobbyists will be grappling not only with the inability to secure face time with decision makers but also with corporate clients trying to survive the pandemic-induced recession.
Democrats, Election Watchdogs See ‘Glaring Hole’ in Postal Service Pledge to Roll Back Recent Changes
Washington Post – Tony Romm, Lisa Rein, and Jacob Bogage | Published: 8/19/2020
The U.S. Postal Service will pause its controversial cost-cutting initiatives until after the election. The about-face announced by Postmaster General Louis DeJoy halted a series of cost-cutting measures, including the removal of machines that sort mail and the public boxes that collect it. But confusion persisted after the move. It is unclear whether Americans would receive their ballots on time, or if they would be able to return them easily. Nor was it clear whether DeJoy would promptly restore the sorting machines he had ordered removed from some postal facilities, or if the changes he has made across the agency under the watch of President Trump would introduce delays into one of the most consequential elections in U.S. history.
Ex-Trump Adviser Steve Bannon Charged in Border Wall Scheme
Associated Press News – Larry Neumeister, Colleen Long, and Jill Colvin | Published: 8/20/2020
Federal prosecutors arrested Stephen Bannon, President Trump’s former chief strategist, and three other men they alleged defrauded hundreds of thousands of donors using a crowdfunding campaign that was advertised as raising money to build a wall on the U.S. border with Mexico. The fundraiser was headed by men who pushed their close ties to Trump, giving their effort a legitimacy that helped them raise more than $25 million. But according to the criminal charges, very little of the wall was constructed. Instead, the money lined the pockets of some of those involved. Bannon received over $1 million himself, using some to secretly pay co-defendant, Brian Kolfage, the founder of the project, and to cover hundreds of thousands of dollars of Bannon’s personal expenses.
FBI Arrests Puerto Rico Lawmaker, Family in Corruption Probe
Associated Press News – Danica Coto | Published: 8/17/2020
FBI agents arrested Puerto Rico Rep. María Milagros Charbonier after the legislator who once presided over the island’s House Ethics Committee was charged in a public corruption case that officials say also involved her son, husband, and an assistant. U.S. Attorney Stephen Muldrow said it was a simple scheme in which Charbonier allegedly received some $100,000 in bribes and kickbacks after increasing the pay of her assistant, Frances Acevedo, from $800 every two weeks to nearly $3,000, and then received between $1,000 to $1,500 in return for every paycheck.
Financial Disclosures Reveal Postmaster General’s Business Entanglements and Likely Conflicts of Interest, Experts Say
CNN – Marshall Cohen | Published: 8/12/2020
Postmaster General Louis DeJoy continues to hold a multimillion-dollar stake in his former company XPO Logistics, a U.S. Postal Service contractor, likely creating a major conflict-of-interest. Outside experts were shocked that ethics officials at the postal service approved this arrangement, which allows DeJoy to keep at least $30 million in XPO holdings. DeJoy and USPS have said he fully complied with the regulations. Raising further alarms, on the same day in June that DeJoy divested large amounts of Amazon shares, he purchased stock options giving him the right to buy new shares of Amazon at a price much lower than their current market price. This could lead to a separate conflict, given President Donald Trump’s disdain for Amazon.
GAO Finds Chad Wolf, Ken Cuccinelli Are Ineligible to Serve in Their Top DHS Roles
Politico – Kyle Cheney | Published: 8/14/2020
Acting Homeland Security Secretary Chad Wolf and Acting Deputy Secretary Ken Cuccinelli were invalidly appointed to their positions and are ineligible to serve, a congressional watchdog determined. The Government Accountability Office (GAO) concluded that after the resignation of Secretary Kirstjen Nielsen in April 2019, an improper succession occurred, with Kevin McAleenan taking on the position. McAleenan then altered the order of succession for other officials to succeed him after his departure. The GAO referred the matter to the inspector general of the Department of Homeland Security for further review and potential action. The office also urged the inspector general to consider the consequences of actions taken by invalidly appointed officials.
‘Gosh, I Basically Cover the Campaign from My Couch’
Politico – Eli Okun and John Harris | Published: 8/13/2020
Four years ago, after most journalists were caught surprised by Donald Trump’s victory, there was an almost universal critique about how the profession needed to do better next time. Reporters needed to get off Twitter and cable and get into the field. Journalists needed to liberate themselves from conventional wisdom and the distorting effects of their cultural bubbles and learn what is really happening in the country. Instead, due to the coronavirus pandemic, journalists are spending more time in their own homes than ever, a phone in one hand and television remote in the other. The presidential campaign has gone remote in multiple senses of the word, the most dramatic shift in the rhythms and day-to-day logistics of newsgathering that political journalism has seen in decades.
Judge Balks at White House’s Executive Privilege Claim over Ukraine Emails
Politico – Josh Gerstein | Published: 8/10/2020
U.S. District Court Judge Amy Berman Jackson rebuffed the Trump administration’s attempt to invoke executive privilege to withhold a batch of emails about a hold President Trump put on U.S. aid to Ukraine in 2019. Jackson said the government had failed to make a convincing case showing the messages between White House aide Robert Blair and Office of Management and Budget official Michael Duffey were eligible for protection under legal privileges protecting the development of presidential advice or decisions made by other government officials. The messages are considered key evidence about the event that triggered Trump’s impeachment last year: his decision to halt aid to Ukraine in what critics and even some administration officials said was an attempt to pressure that country to launch an investigation into Joe Biden.
Nursing Homes with Safety Problems Deploy Trump-Connected Lobbyists
New York Times – Jessica Silver-Greenberg and Jesse Drucker | Published: 8/16/2020
Nursing homes have been the center of America’s coronavirus pandemic, with more than 62,000 residents and staff dying from Covid-19 at nursing homes and other long-term care facilities, about 40 percent of the country’s virus fatalities. Now the lightly regulated industry is campaigning in Washington, D.C. for federal help that could increase its profits. Some of the country’s largest nursing-home companies, including those with long histories of safety violations and misusing public funds, have assembled a fleet of lobbyists, many with close ties to the Trump administration. It is hardly unusual for embattled industries to seek help from Washington. But the fact that individual nursing-home companies are hiring lobbyists, not just relying on trade associations, reflects the ambitious nature of the industry’s mobilization.
Senate Report Details Security Risk Posed by 2016 Trump Campaign’s Russia Contacts
Washington Post – Greg Miller, Karoun Demirjian, and Ellen Nakashima | Published: 8/18/2020
An investigation by the Senate Intelligence Committee portrays Donald Trump’s 2016 campaign as posing counterintelligence risks through its contacts with Russia, eager to exploit assistance from the Kremlin and seemingly determined to conceal the extent of its conduct. The report contains new findings that appear to show more direct links between Trump associates and Russian intelligence, and it pierces the president’s attempts to dismiss the Kremlin’s intervention on his behalf as a hoax. Like the Mueller report, the Senate document does not explicitly accuse the Trump campaign of direct collusion with Russian intelligence. But it carries weight because it is the first major investigation of Russian interference in 2016 to be conducted by a Republican-controlled committee and endorsed by both Republicans and Democrats.
Staff Wants More People of Color Named to the FEC
The Fulcrom – Sarah Swann | Published: 8/18/2020
Sixty-six staff members, about one-fifth of the FEC workforce, sent a letter asking President Trump to nominate and the Senate to confirm at least one person of color for the three vacancies on the commission, which has been shut down for the past eight weeks for lack of a quorum. In its 45-year history, the FEC has had 31 commissioners – all but one of them white. The complaint from the nonpartisan civil servants suggests how beleaguered the agency is these days, and how the nation’s reckoning with systemic racism this year has taken root in most every corner of society. The letter was an outgrowth of a workshop on diversity, equity, and inclusion the agency staff held this summer.
Swag, but No Luxury Suites: Big donors endure a party-less party convention
New York Times – Shane Goldmacher | Published: 8/18/2020
Democrats’ biggest donors are used to being feted at the party’s national convention, breezing through a maze of tiered luxury suites and V.I.P. rooms with free-flowing appetizers, access, and alcohol. This year, though, even those who have given $500,000 and up were stuck watching the virtual event from home. Ahead of the virtual gathering, the party and the Biden campaign mailed along a care package to tide over any forlorn financiers: notebooks embossed with the number 46 (as in the potential for Biden to be the 46th president), hats, buttons, posters, and a bag of “Cup of Joe” coffee. Like nearly everything else in American life, the coronavirus pandemic has upended the already cloistered world of political fundraising, as campaigns and contributors alike figure out how to raise tens of millions of dollars.
They Started in a D.C. Living Room. Now Money from This Grass-Roots Group Is Ending Up in Alaskan Villages.
Washington Post – Amy Gardner | Published: 8/14/2020
A grassroots fundraising group known as 31st Street Swing Left, a chapter of the national organization Swing Left, is focused on flipping red seats blue. It is one of countless such fundraising groups pouring cash and energy into potential swing races across the country this election cycle. But the group also stands out for its evolution, growing from a Washington, D.C.-area assemblage of 30 political novices knocking on doors to support Democratic candidates in Virginia into a fundraising army of nearly 1,200 members in three years.
With Democrats at Home, a Conservative Super PAC Comes Knocking
Washington Post – David Weigel | Published: 8/16/2020
With Democrats wary of traditional door-to-door canvassing in the pandemic, and with the Biden-Harris campaign discouraging it, conservatives have less competition. The Americans for Prosperity’s operation started weeks ago, at an initial cost of nearly $900,000 across the country. Their targets included U.S. Senate races in Colorado, Georgia, Montana, North Carolina. and Texas, as well as a few congressional races. Since kicking off, they had contacted 6 million voters, but unlike the GOP, they were not mentioning the president in their messaging or surveys.
Canada
Canada – Canadian Finance Minister Resigns Amid Contracting Scandal
Politico – Lauren Gardner | Published: 8/17/2020
Finance Minister Bill Morneau will resign his Cabinet post and his seat in the House of Commons amid an ethics controversy surrounding a charity with ties to his family and that of Canadian Prime Minister Justin Trudeau. Morneau’s recent high-profile troubles are centered on his failure to recuse himself from a Cabinet decision awarding a no-bid contract to WE Charity to administer a student grant program as part of the Trudeau government’s Covid-19 response. He admitted to repaying the charity for costs incurred during a 2017 trip to Ecuador with his family just before testifying in front of a parliamentary committee.
Canada – WE Charity Registers as Lobbyist, Lays Off Dozens of Employees
HuffPost Canada – Joan Bryden and Teresa Wright (Canadian Press) | Published: 8/13/2020
WE Charity registered as a lobbyist of the federal government months after it began talks with federal officials about potential programs to help Canadian youths during the COVID-19 pandemic. The organization’s executive director, Dalal Al-Waheidi, disclosed the registration during testimony before the House of Commons finance committee, which is probing the controversy surrounding the government’s decision to pay WE Charity up to $43.5 million to administer a now-abandoned student grant program. The controversy has triggered investigations into potential breaches of conflict-of-interest rules by Prime Minister Justin Trudeau and Finance Minister Bill Morneau, both of whom have close family ties to WE Charity.
From the States and Municipalities
Arizona – Farmers Pay Arizona City Official with Goat for Outside Job
Associated Press News – Staff | Published: 8/16/2020
An Arizona city official making $107,000 a year resigned after an investigation found he used city workers for an outside job involving an attempt to secure irrigation water for farmers who paid him with a goat. The inquiry found the possibility of cash down the road also was discussed by Frank Stevens, the now-former former water resource portfolio manager for the city of Surprise. One of the farmers told an investigator they gave Stevens the goat because “he liked the animal and [Stevens said] it would keep his kids happy when they came home from school.”
California – California Ethics Agency Opens Investigation into Former CalPERS Investment Chief
Sacramento Bee – Andrew Sheeler | Published: 8/17/2020
The Fair Political Practices Commission (FPPC) confirmed it is opening an investigation into two complaints regarding former California Public Employees’ Retirement System (CalPERS) Chief Investment Officer Yu Ben Meng. He resigned abruptly on August 5 after being on the job overseeing the pension fund’s $412 billion investment portfolio for less than two years. Meng’s departure followed an anonymous complaint to the FPPC that Meng had approved a $1 billion deal with Blackstone Group, a financial firm in which Meng was a shareholder.
California – Did L.A. County Wrongly Promote a Tax Hike? It’ll Pay Hefty $1.35 Million to Settle Claims
Sacramento Bee – Kim Bojorquez | Published: 8/19/2020
Los Angeles County agreed to pay a $1.35 million settlement to resolve a complaint charging it misused government funds to promote a 2017 sales tax increase, marking one of the largest-ever financial penalties considered by the California Fair Political Practices Commission (FPPC). The county’s potential penalties are even greater if the FPPC rejects the settlement. It faces up to $2.4 million in penalties stemming from money the county spent promoting Measure H without reporting it as a political contribution.
Colorado – Marlboro’s Owners Negotiated Colorado’s Proposed Tobacco Tax Hike – and It Could Help Them Dominate the Cigarette Market
Colorado Sun – Jesse Paul | Published: 8/12/2020
The maker of Marlboro cigarettes spent more than $16 million to block a tobacco tax increase in Colorado four years ago. Now it could benefit from the passage of a question on the November ballot that would dramatically increase the price of cigarettes, a question the company helped write. Altria was part of the negotiations that led to House Bill 1427, which placed the question on the 2020 ballot. If passed, it will raise taxes on nicotine products across the board over the next several years. The question also would require retailers to sell cigarettes for a minimum of $7 a pack, or $70 a carton, starting in January. The discount tobacco company Liggett Group is slated to contend the change will give Altria a major sales advantage and wipe away its market share.
Florida – A Florida GOP Sheriff Allegedly Ordered the Arrest of His Mistress. Now He’s the One Facing Charges.
Washington Post – Teo Armus | Published: 8/14/2020
Darryl Daniels, the sheriff of Clay County, Florida, dialed his deputy while driving with an urgent plea for backup: He was being followed by a stalker in a Jeep and appeared to be in “imminent danger.” But Daniels knew exactly who was behind him on that day in May 2019, prosecutors say: it was Cierra Smith, his former employee and mistress of six years, on her way to meet him at their regular spot. Filming the whole thing was his wife, to whom he had recently confessed the affair. Now, Smith has resigned from her job, Daniels’s wife has filed for divorce, and the sheriff is the one who ended up behind bars. Following a year-long investigation, Florida authorities filed four charges against him and booked him into jail.
Florida – Federal Appeals Court Considers Whether to Uphold Florida Felon Voting Law
Politico – Gary Fineout | Published: 8/18/2020
A federal appeals court spent more than two hours weighing whether to overturn a contentious Florida law restricting felon voting rights, with one judge suggesting doing so would paradoxically require the court to strike down a public referendum that eliminated the state’s ban on felon voting. The judges, sitting the 11th Circuit Court of Appeals, peppered lawyers with questions about whether the state law constitutes an illegal poll tax because it requires people who have served time for a felony to pay off any court debts before they can register to vote. It remains unclear if the court will make a decision before the November election.
Illinois – Cook County Board of Ethics Members Ousted by Toni Preckwinkle Are Frustrated with Shakeups, Pace of Proposed Reforms
Chicago Tribune – Alice Yin | Published: 8/14/2020
Proposed revisions to Cook County’s ethics ordinance, which the ethics board voted to recommend in January, include forbidding both nepotism in county hiring and county commissioners from taking certain outside jobs. They also would mandate lobbyists disclose if they have relatives who work for the county, introduce new rules to clamp down on sexual harassment, prohibit the state’s attorney from settling ethics lawsuits without the ethics board’s approval, and increase fines for certain violations. Now, three of the board members who crafted the reforms are gone, and their recommendations have not moved forward.
Illinois – Democratic State Lawmakers Propose Series of Ethics Changes
Chicago Tribune – Jamie Munks | Published: 8/13/2020
A group of Democratic state lawmakers in Illinois issued a series of ethics proposals ahead of the fall veto session, including term limits for legislative leaders and a process for temporarily removing members from leadership posts if they are caught up in a criminal investigation. The Democrats also want to prohibit lawmakers from lobbying at other levels of government and an end to the legislator-to-lobbyist :revolving door”; a requirement for more comprehensive disclosure of lawmakers’ outside income; and a more robust Legislative Inspector General’s office. They also noted the ongoing federal corruption investigation that has ensnared several legislators makes this an opportune time to pass a large-scale ethics package.
Illinois – State Sen. Terry Link Charged with Federal Income Tax Evasion
Chicago Tribune – Jason Meisner | Published: 8/13/2020
Illinois Sen. Terry Link was charged with a federal count of income tax evasion, the third Democratic state senator to face felony charges in a little more than a year. The criminal information accused Link of failing to report income on his 2016 tax return to the IRS. Defendants are typically charged via an information if they intend to eventually plead guilty. The Chicago Tribune reported last year that Link wore a wire for the FBI in a bribery investigation of then-state Rep. Luis Arroyo. Federal prosecutors alleged Arroyo had sought an unnamed state senator’s support on legislation involving video gambling sweepstakes games that would benefit one of Arroyo’s lobbying clients.
Missouri – Missouri Judge Finds GOP Redistricting Measure Misleading
Associated Press News – David Lieb | Published: 8/17/2020
A judge rewrote the summary for a legislative redistricting measure that will appear on the November ballot, ruling Missouri’s Republican-led Legislature tried to misleadingly entice voters into repealing an anti-gerrymandering reform that voters approved two years ago. The decision by Cole County Circuit Court Judge Pat Joyce struck down the Legislature’s ballot summary for Amendment 3 as insufficient, unfair, and partly false. She replaced it with a ballot summary suggested by a group that sponsored the successful 2018 measure and is opposed to this year’s revision. Like the 2018 measure, the Legislature’s revision combines the redistricting changes with popular measures to lower campaign contribution limits and restrict lobbyist gifts to lawmakers.
Nevada – Ex-LVCVA Boss to Pay Thousands in Ethics Fines Over Gift Card Scandal
Las Vegas Review-Journal – Jeff German | Published: 8/18/2020
Former Las Vegas Convention and Visitors Authority (LVCVA) Chief Executive Officer Rossi Ralenkotter agreed to pay $24,406 in ethics fines for violating state laws prohibiting him from using his longtime public position to enrich himself. The fines stem from Ralenkotter’s use of LVCVA-bought airline gift cards on personal travel and his negotiation of a consulting contract with the tax-funded agency before he retired, according to a proposed agreement with the Nevada Commission on Ethics.
New Jersey – Five North Jersey Residents Charged in Alleged Scheme to Hide $239,000 in Campaign Cash
Bergen Record – Steve Janoski | Published: 8/14/2020
Five more people have been charged in a years-long corruption investigation that already ensnared a former state Assembly member and a Jersey City school board president. The new defendants allegedly gave a total of $239,000 to political parties and candidates before being secretly reimbursed by a law firm, the attorney general’s office said. The firm then claimed it had made no reportable contributions in towns where it sought lucrative contracts. New Jersey law prohibits political donations on behalf of others.
New Jersey – Trump Campaign Sues New Jersey Over Mail-In Voting
The Hill – Morgan Gstalter | Published: 8/19/2020
President Trump’s campaign filed a lawsuit against New Jersey after Gov. Phil Murphy (D) issued an executive order requiring every voter in the state receive a mail-in ballot, in addition to being allowed to vote in-person if desired, as a safety precaution during the coronavirus pandemic. The campaign claims Murphy appropriated power that belongs to the New Jersey Legislature when he overhauled the state’s election law, alleging he violated both the Elections Clause and the Electors Clause of the U.S. Constitution. It also accuses Murphy of violating the 14th Amendment.
New York – Trump Must Turn Over Tax Returns to D.A., Judge Rules
New York Times – Benjamin Weiser and William Rashbaum | Published: 8/20/2020
A federal judge rejected President Trump’s latest effort to block the Manhattan district attorney from obtaining his tax returns, dismissing Trump’s arguments that the prosecutor’s grand jury subpoena was “wildly overbroad” and issued in bad faith. The ruling marked another setback for the president in his yearlong legal fight to block the subpoena. The conflict has already reached the U.S. Supreme Court once and could end up there again as Trump’s lawyers quickly filed papers saying he would appeal. The district attorney, Cyrus Vance Jr., has been seeking eight years of Trump’s personal and business returns and other financial records as part of an investigation into the president’s business practices.
North Dakota – North Dakota to Vote in November on Top-Four Open Primaries, Ranked-Choice Voting, State Legislative Redistricting, and Other Election Changes
Ballotpedia – Jackie Mitchell | Published: 8/14/2020
North Dakota voters will decide on three constitutional amendments in November. One would amend the state constitution to make multiple changes to election and redistricting procedures. The measure would establish top-four open primaries for all statewide, legislative, and congressional races. The measure would also make the state’s ethics commission, which was created by voters through a 2018 citizen initiative, responsible for state legislative redistricting. Another provision would require a paper record for all ballots and audits of each election within 120 days by the secretary of state.
Ohio – Indicted Former Ohio House Speaker Will Remain on Ethics Panel
Dayton Daily News – Laura Bischoff | Published: 8/13/2020
Although indicted in a criminal case and removed as House speaker, state Rep. Larry Householder is still a member of the Joint Legislative Ethics Committee (JLEC), the body that investigates and rules on ethics and lobbying matters for the Ohio General Assembly. Speaker Bob Cupp removed Householder as vice chairperson of JLEC, but state law prohibits removal of a member from the ethics panel. Householder was arrested in July by FBI agents and charged with racketeering.
Ohio – Ohio House Won’t Cough Up Some HB 6 Documents Under Federal Subpoena
MSN – Randy Ludlow (Columbus Dispatch) | Published: 8/14/2020
The Ohio House turned over thousands of pages of records concerning House Bill 6 under a federal subpoena but withheld 30 documents, claiming they are exempt due to attorney-client and legislative privilege. The House released some of the records in response to the subpoena and public-records requests from news organizations, but still is compiling more records for release to the U.S. Department of Justice. Many involve routine constituent correspondence, various versions of the nuclear power-plant bailout bill, and proposed amendments to the measure at the heart of a $60 million public corruption scandal. Federal authorities have charged former Speaker Larry Householder and four others with racketeering in a scheme to pass and protect House Bill 6 from repeal and advance his political power.
Rhode Island – Supreme Court Allows Rhode Island to Make Voting by Mail Easier Amid Pandemic
National Public Radio – Laura Wamsley | Published: 8/13/2020
An agreement that makes it easier for Rhode Island residents to vote by mail during the pandemic will remain in place after the U.S. Supreme Court rejected an effort by Republicans to block it. The agreement allows Rhode Islanders to vote in two upcoming elections without requiring voters to fill out mail-in ballots before two witnesses or a notary. That requirement was already suspended for the presidential primary that took place June 2. The court said in this case, state officials were defending what is already the status quo from the last election, “and many Rhode Island voters may well hold that belief.”
South Dakota – Ethics Board: Third party-paid travel a ‘common practice’ by Sioux Falls city officials, despite rules
Sioux Faslls Argus Leader – Trevor Mitchell | Published: 8/14/2020
The Sioux Falls Board of Ethics recommended the city council review and update their policies after an investigation found third parties are paying for councilors’ travel expenses and it was an “apparent common practice.” In their investigation of a councilperson, the board said the accused council member “acknowledges attendance at a seminar for which travel and other expenses were paid by third parties,” noting it was hosted by “a group with an acknowledged political agenda” and there were “multiple settings for attendees to be potentially influenced by commercial or political interests.”
Tennessee – Tennessee Governor to Sign Tougher Penalties for Some Protests
Memphis Commercial Appeal – Jonathan Mattise (Associated Press) | Published: 8/14/2020
Tennessee Gov. Bill Lee said he will sign a bill that toughens penalties on some protests in response to continued demonstrations in the state and nationwide over racial injustice. Lee also said he would have crafted some components differently than the Legislature, including the increased penalty on those who illegally camp on state property to a felony, punishable by up to six years in prison. Felony convictions in Tennessee additionally result in the revocation of an individual’s right to vote. The governor said the requirement that law enforcement offer an initial warning on camping violations strengthened the bill. He also cited the discretion of district attorneys and judges.
Virginia – Virginia Sen. L. Louise Lucas Served with Arrest Warrant over Confederate Statue Protest as Some Decry Charges
Washington Post – Emily Davies, Laura Vozzella, and Gregory Schneider | Published: 8/18/2020
Virginia Sen. L. Louise Lucas was charged with damaging a Confederate monument during protests in Portsmouth. She faces two felonies: conspiracy to commit a felony and injury to a monument causing more than $1,000 in damage. Lucas, who is the first African American president pro tempore in the Virginia Senate, is being charged at a time when many memorials to the Confederacy are being taken down, whether by demonstrators opposed to racial injustice or by authorities seeking to dismantle them through official channels. Legal experts say the way the Portsmouth police went about pursuing felony charges against Lucas and others is highly unusual given the political nature of the incident.
Washington DC – Bowser Seeks Ethics Review of Aide Who Discussed Job at Howard After Negotiating Tax Break for University
Washington Post – Fenit Nirappil and Michael Brice-Saddler | Published: 8/15/2020
District of Columbia Mayor Muriel Bowser requested an ethics review of a freshly departed top aide who discussed taking a job with Howard University months after negotiating a deal for nearly $300 million in tax breaks and public funding for a new hospital for the university. Rashad Young abruptly left his position as city administrator after running day-to-day government operations since the mayor took office in 2015. He told on July 31 that he was in talks for a job at Howard University and sought ethics guidance. The mayor wrote that she directed her general counsel to review the circumstances of the job offer and the city ethics board’s opinion on the matter.
Washington DC – Jack Evans Is a Week Late and $20,000 Short
Patch – Mitch Ryals (Washington City Paper) | Published: 8/17/2020
Former District of Columbia Councilperson Jack Evans is now delinquent on the $20,000 fine he agreed to pay in exchange for avoiding a public hearing on ethics violations stemming from business pitches he and a member of his staff sent from his council email address. In the emails, sent to legal and lobbying firms in 2015 and 2018, Evans tried to leverage his connections and relationships made during his tenure as an elected official into a side job. The settlement allowed Evans to say publicly that he was not admitting to any wrongdoing and avoided what could have been a long hearing process. The agreement also states if Evans fails to hold up his end of the bargain, the city ethics board could seek maximum amount of the fine allowed under the law, $30,000.
August 14, 2020 •
News You Can Use Digest – August 14, 2020
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National/Federal Abrupt Change to Census Deadline Could Result in an Undercount of Latino and Black Communities Philadelphia Inquirer – Jose Del Real and Fredrick Kunkle (Washington Post) | Published: 8/9/2020 Census experts and advocates warn the Trump administration’s decision to end […]
National/Federal
Abrupt Change to Census Deadline Could Result in an Undercount of Latino and Black Communities
Philadelphia Inquirer – Jose Del Real and Fredrick Kunkle (Washington Post) | Published: 8/9/2020
Census experts and advocates warn the Trump administration’s decision to end the decennial count a month earlier than expected will result in a dramatic undercount of Black and Latino communities across the country, which could have grave effects on federal funding and political representation in their neighborhoods. The census represents an important fault line in the battle over structural racism and equity, with high stakes. It dictates the allocation of federal dollars and influences everything from infrastructure investments to education programs like free and reduced lunch to public health-care spending. The data is also used when deciding the boundaries of legislative districts.
Appeals Court Rejects Key Argument Against McGahn Subpoena
Politico – Josh Gerstein and Kyle Cheney | Published: 8/10/2020
A federal appeals court dealt a setback to President Trump’s bid to prevent his former White House counsel Don McGahn from being forced to testify to a House committee. The U.S. Court of Appeals for the District of Columbia Circuit ruled the House has legal standing to use the courts to compel McGahn to appear in response to a Judiciary Committee subpoena. But the appeals court left open other legal arguments against the subpoena to McGahn, leaving it unclear when or if the former White House lawyer will appear before the panel. The ruling also left open the issue of what questions McGahn would have to answer.
Disinformation for Profit: How a Florida ‘dealmaker’ turns conservative outrage into cash
Washington Post – Isaac Stanley Becker | Published: 8/11/2020
The reality curated by “The Bearded Patriot” and “The Wolf of Washington” is dismal. The websites tell of nonstop riots and “crazed leftists.” They warn of online censorship and the wiles of an “anarchist billionaire,” a reference to George Soros, the liberal investor and Holocaust survivor. The material is tailor-made to inflame right-wing passions. But its underlying purpose is to collect email addresses and other personal information from impassioned readers, whose inboxes then fill up with narrowly targeted ads. The effect is to monetize the anger stoked by misleading political content, for as much as $2,500 per list of contacts.
Drawing Lessons from Chaotic Primaries, Election Officials Scrambled to Head Off Voting Problems in Tuesday’s Contests
Washington Post – Amy Gardner and Dan Simmons | Published: 8/11/2020
If election officials in Georgia and Wisconsin wanted to prove one thing during primary and runoff elections on August 11, it was that they could do a better job managing lines, operating equipment, and counting mail ballots than they did in earlier contests this year. They appeared to succeed, with voters trickling into the polls with virtually no wait times and election workers processing a crush of absentee ballots with no major difficulties. The contests in both states, as well as in Connecticut, Minnesota, and Vermont, drew much lower turnout than previous elections this year, a contributor to the relative quiet. But state and local officials said the bigger factor was what they learned from their earlier stumbles and how they used the intervening weeks to avoid them this time.
Federal Appeals Court Skeptical of Michael Flynn’s Effort to Immediately Dismiss Criminal Charge
Politico – Josh Gerstein and Kyle Cheney | Published: 8/11/2020
A federal appeals court appears poised to block an effort by former national security adviser Michael Flynn to immediately dismiss the criminal charge against him, raising the specter that the politically explosive case could continue to make headlines in the lead-up to the November 3 election. The court sounded sharply skeptical about arguments by Flynn’s attorney and the Justice Department that U.S. District Court Judge Emmet Sullivan abused his authority by scheduling a hearing on efforts to drop the case, which came despite Flynn’s pleading guilty to lying to the FBI and later reaffirming his plea.
Former Clients of Acting Homeland Security Chief Chad Wolf Received Millions in Department Contracts
CNBC – Brian Schwartz | Published: 8/5/2020
Several former lobbying clients of Chad Wolf, now the acting secretary of Homeland Security, have received millions of dollars’ worth of government contracts while he has held senior positions within the department. Wolf was a lobbyist for over a decade at Wexler & Walker before he took leadership roles with the department under President Trump. Wolf served as the acting chief of staff at the Transportation Security Administration in 2017 and later became the chief of staff for former Homeland Security Secretary Kirstjen Nielsen. Since then, several of Wolf’s former clients reaped a total of at least $160 million in contracts, according to a CNBC analysis of the public filings.
How Hotel Chains Got a Slice of Government Aid for Small Businesses
ProPublica – Isaac Arnsdorf | Published: 8/6/2020
In March, as lawmakers raced to put together a stimulus package to cope with the pandemic-related shutdowns sweeping the country, a company that invests in hotels deployed a Washington lobbyist for the first time. The lobbyist’s mission was to secure an exception in the emerging relief program for small businesses so hotel chains would become eligible. EOS Investors had more than 500 employees, putting it above the limit in the original proposal by U.S. Sen. Susan Collins. The lobbyist whom EOS called on for help was Michael Bopp, a former longtime aide to Collins. One of the main criticisms of the relief been it ended up favoring well-connected businesses over mom-and-pop concerns with scarce access to other resources.
Postal Service Overhauls Leadership as Democrats Press for Investigation of Mail Delays
Anchorage Daily News – Jacob Bogage (Washington Post) | Published: 8/7/2020
The Postal Service announced a reorganization meant to increase efficiency as Democratic lawmakers demanded an inquiry into whether changes by President Trump’s officials could threaten the effective use of mail-in ballots for the November election. Analysts say the structure centralizes power around Postmaster General Louis DeJoy, a major donor to Trump’s campaigns, and de-emphasizes institutional knowledge. The reshuffling threatens to heighten tensions between postal officials and lawmakers, who are troubled by delivery delays and wary of the Trump administration’s influence on the Postal Service as the coronavirus pandemic rages and election draws near.
Rep. Tlaib Directed to Reimburse Campaign for $10,800 in Postelection Paychecks
Roll Call – Niels Lesniewski | Published: 8/7/2020
The House ethics committee directed U.S. Rep. Rashida Tlaib to repay her campaign for salary she drew after Election Day 2018. Congressional candidates are allowed to draw paychecks from their campaigns, but as the committee explained in a report, the payments are only allowed during an active candidacy. Tlaib continued to be paid after the election was over. The ethics panel said no further action was necessary.
Taking Protest to the Streets, and the Mayor’s Front Door
MSN – Mike Baker and Nicholas Bogel-Burroughs (New York Times) | Published: 8/10/2020
Public protests this year have most often featured marches and rallies through public gathering places, sometimes escalating into broken shop windows, torched cars, and clashes with the police. But as the nation navigates the triple turmoil of a pandemic, a ravaged economy, and a civil rights movement, civic activism is at times becoming more direct, more personal, and for some of its targets, more frightening. Some of these demonstrations have led to thoughtful conversations between public officials and the protesters who arrived at their doors. But others insist their front yards are inappropriate venues for boisterous public debate.
The Kamala Harris Pick: Geographic balance takes back seat to gender, race
New York Times – Shane Goldmacher, Adam Nagourney, and Jennifer Medina | Published: 8/12/2020
Joe Biden’s selection of U.S. Sen. Kamala Harris as his running mate marks the latest evidence that gender and race have now surpassed geographic balance when it comes to building a ticket for the White House. Ever since Black voters resurrected his candidacy in South Carolina, Biden and his campaign team have made the pursuit of Black voters a centerpiece of his bid for the White House. And he had said from the start of the process he would choose a woman as the Democratic nominee for vice president. If Harris does not put any particular new state into play, strategists and Biden allies were hoping her spot on the ticket could increase turnout and Biden’s margins across the map and strengthen his position in states Hillary Clinton lost, in no small part because of a drop in votes in African-American communities.
There’s Been a Big Gray Area When It Comes to Cable News Contributors Dabbling in Political Campaigns
Washington Post – Jeremy Barr | Published: 8/8/2020
So-called contributors on cable news networks are essentially paid guests who sign contracts to appear exclusively on one network, generally agreeing to go on-air as frequently as the news cycle demands. But as former politicians and political consultants, they exist in a sort of gray zone between full-time employees and unpaid interviewees, which makes discerning what they are allowed to say and do off-camera challenging. That is especially so when network contributors step on the campaign trail. Some of the most in-demand contributors are often those who are still active in the political arena or harbor future campaign aspirations, creating potential conflicts-of-interest.
Trump Antagonizes GOP Megadonor Adelson in Heated Phone Call
Politico – Alex Isenstadt | Published: 8/8/2020
When President Trump talked recently with Republican megadonor Sheldon Adelson, perhaps the only person in the party who can cut a nine-figure check to aid his reelection, the phone call unexpectedly turned contentious. Adelson reached out to Trump to talk about the coronavirus relief bill and the economy. But then Trump brought the conversation around to the campaign and confronted Adelson about why he was not doing more to bolster his reelection. A person familiar with the call said it was apparent the president had no idea how much Adelson, who has donated tens of millions of dollars to pro-Trump efforts over the years, had helped him. GOP officials were alarmed the president had antagonized one of his biggest benefactors at a precarious moment in his campaign.
Trump Long Has Relied on Nondisclosure Deals to Prevent Criticism. That Strategy May Be Unraveling
Washington Post – Michael Kranish | Published: 8/7/2020
For decades, Donald Trump has relied on broadly worded nondisclosure agreements as a powerful weapon against anyone who would say something critical of him. Among those who have signed agreements are two ex-wives, contestants on “Th Apprentice,” campaign workers, and business associates. But this key element of Trump’s corporate and political strategy has shown signs of unraveling, even as his campaign spends heavily to enforce such agreements. Now, in one of the most sweeping efforts by a former associate to undo nondisclosure agreements, the Trump campaign’s former Hispanic outreach director filed her latest effort in a class-action suit to void all such campaign contracts.
Trump Teases a Gettysburg Convention Speech. Experts Say It’s an Ethics Breach.
New York Times – Michael Grynbaum and Annie Karni | Published: 8/10/2020
After repeatedly throwing a wrench into plans for the Republican National Convention this summer, President Trump tried to offer something tantalizing about the upcoming gathering, saying his renomination speech would take place either at the White House or the Civil War battlefield in Gettysburg. The battlefield, where Trump gave an indoor campaign speech in 2016, is federal property run by the National Park Service. This presents the same ethical conundrums his re-election team will face if the president delivers the speech from the South Lawn of the White House.
Trump’s Scottish and Irish Golf Resorts Spur a New Round of Scrutiny on His Businesses
Politico – Anita Kumar | Published: 8/11/2020
President Trump claimed his resorts in Scotland and Ireland brought in a total of about $179 million in revenue on U.S. documents where he is supposed to list his personal income. Records in the United Kingdom (UK) and Ireland indicate the revenues were millions of dollars less and they lost $77 million after accounting for expenses. Trump claimed the Scottish resorts alone were worth at least $100 million total in 2018 but the UK records indicate the resorts are not worth anywhere near that. The American Democracy Legal Fund is asking Manhattan District Attorney Cyrus Vance Jr. to probe whether Trump violated the law by filing false documents with the U.S. government to hide the financial health of himself and his company.
From the States and Municipalities
Arizona – Two PSPRS Trustees Claim Ethics Allegations Hurt Their Businesses, Seek $624,999 from State
Arizona Republic – Craig Harris | Published: 8/6/2020
Arizona Public Safety Personnel Retirement System (PSPRS) board members Will Buividas and Mike Scheidt are seeking $624,999 from the state, claiming their businesses were damaged after the pension board’s chairperson publicly questioned their ethics for making commissions on real estate deals with agency staff. The notices of claim from Buividas, a Phoenix police officer, and Scheidt, a Tempe firefighter, against the PSPRS and Chairperson Scott McCarty allege defamation, intentional infliction of emotional distress, and tortious interference with business relations.
California – CalPERS Chief’s Abrupt Resignation Preceded by Conflict of Interest Questions
Sacramento Bee – Wes Venteicher | Published: 8/6/2020
Questions regarding conflict-of-interest disclosures preceded the abrupt resignation of California Public Employees’ Retirement System (CalPERS) Chief Investment Officer Yu Ben Meng, according to the pension fund’s board members. The announcement came three days after financial blogger Susan Webber published a post alleging Meng filed incomplete and inconsistent conflict-of-interest disclosures, known as Form 700s, with the Fair Political Practices Commission. The forms show Meng has held investments in private equity firms and Chinese companies, two areas of investment in which his decisions have drawn scrutiny since his hiring in January 2019.
California – Campaign Finance Limits Coming to Riverside County
Riverside Press-Enterprise – Jeff Horseman | Published: 8/5/2020
A new California law would limit campaign contributions from individual donors to those running for supervisor or countywide offices such as sheriff and district attorney in Riverside County. Right now, there is no donation cap, although contributions of $1,000 or more must be reported online within 24 hours during election season. Assembly Bill 571 limits donors to giving a maximum of $4,700 per election to a candidate for county office. The new law allows counties to set their own limits if they do so before January 1. To that end, the board of supervisors voted to start working on county-set limits, an ordinance setting those restrictions is expected to come back to the board before December 31.
California – Huizar’s Relatives Not Expected to Face Charges in Corruption Probe, Prosecutor Says
Los Angeles Times – David Zahniser and Emily Alpert Reyes | Published: 8/5/2020
A federal prosecutor said his office does not intend to charge family members of Los Angeles City Councilperson Jose Huizar, identifying them as witnesses rather than targets of the ongoing “pay-to-play” probe. Three members of the Huizar family – his wife Richelle, hi mother Isidra, and his brother Salvador – are mentioned repeatedly in the 113-page indictment against the council member, who has pleaded not guilty to bribery, money laundering, racketeering, and other charges. Prosecutors have alleged Huizar family members laundered his bribe proceeds, receiving cash from the councilperson and then paying his bills.
California – LA Leaders Want to Bar Themselves from Voting on Matters Affecting Their Campaign Donors
Los Angeles Daily Breeze – Elizabeth Chou (Los Angeles Daily News) | Published: 8/12/2020
Los Angeles city officials would be barred from voting on any issue affecting individuals or organizations donating to their campaigns under an ethics proposal advanced by a handful of council members. Mayor Eric Garcetti recently expressed support for such a measure, which would be similar to the recusal rule he and others adhere to as board members of the Los Angeles Metropolitan Transportation Authority. The measure is being proposed as city leaders seek to restore public trust of City Hall amid an FBI probe into “pay-to-play” real estate development schemes involving public officials.
Florida – Florida NRA Lobbyist Loses in Latest Court Fight over Emails
Tampa Bay Times – Jim Saunders | Published: 8/11/2020
A federal appeals court rejected arguments by prominent National Rifle Association lobbyist Marion Hammer in a lawsuit centered on graphic emails she received from an attorney after the 2018 mass shooting at Marjory Stoneman Douglas High School in Broward County. A three-judge panel of the 11th U.S. Circuit Court of Appeals upheld a District Court judge’s decision to dismiss Hammer’s lawsuit against Lawrence Sorensen, who sent two emails to the lobbyist that included photos of gunshot wounds. Hammer raised a series of arguments in the case, including that Sorensen had violated Florida laws about cyberstalking, harassment, and intentional infliction of emotional distress.
Florida – Payments to Florida Lobbyist Flagged in Lawsuit Against NRA
Politico – Gary Fineout | Published: 8/6/2020
Marion Hammer, one of Tallahassee’s most well-known lobbyists, received payments from the National Rifle Association under contracts that were improperly handled, according to a civil lawsuit filed by New York Attorney General Letitia James. James is seeking to dissolve the gun rights group, which has been a major political force nationally and in Florida, where it successfully swayed the state Legislature to pass the state’s “stand your ground” law. without trying to retreat. The complaint describes payments made to “Board Member No. 5,” a person identified as the executive director of the Unified Sportsmen of Florida. Records list Hammer as executive director of the group.
Georgia – QAnon Supporter, with Georgia Primary Victory, Is Poised to Bring Far-Right Conspiracy Theory to Congress
MSN – Isaac Stanley-Becker and Rachael Bade (Washington Post) | Published: 8/12/2020
Republicans came a step closer to welcoming into their ranks a promoter of the QAnon conspiracy theory, whose adherents believe President Trump is battling a cabal of “deep state” saboteurs who worship Satan and traffic children for sex. Marjorie Taylor Greene, who has endorsed the baseless theory and made a slew of other racist remarks on video, won a Republican primary runoff in Georgia’s 14th Congressional District. Her victory, in a swath of the state that has favored Republicans by wide margins, sets her up to become QAnon’s first devotee in Congress.
Illinois – Former City Official Signals He Will Plead Guilty in Bribery Case as Federal Corruption Probe Widens
Chicago Tribune – David Heinzmann | Published: 8/9/2020
A longtime Chicago political operative who was charged in March with bribing a state lawmaker in the ongoing federal probe of Illinois political corruption signaled he may make a plea deal in the case, according to papers filed in U.S. District Court. Prosecutors have alleged William Helm, a former deputy commissioner of the Chicago Department of Aviation, paid at least $5,000 to former state Sen. Martin Sandoval in 2018 to influence the development of a road project near land owned by a construction company who employed him as a lobbyist. At the time, Sandoval was head of the Senate Transportation Committee and held significant influence over the approval of state road projects and the Illinois Department of Transportation.
Illinois – South Suburban Mayor Charged in Red-Light Camera Bribery Scheme
Chicago Tribune – Joe Mahr | Published: 8/7/2020
According to federal prosecutors, Crestwood Mayor Lou Presta was caught on a March 2018 recording accepting an envelope with $5,000 cash from a representative of the red-light camera firm SafeSpeed, and then lied to the FBI and IRS when asked about it that September. Prosecutors say Presta sought and received benefits from SafeSpeed representatives while company sought to expand its services in the Chicago suburb. SafeSpeed has denied doing anything wrong and portrayed any misdeeds as the work of a rogue partner, Omar Maani, who is now believed to be cooperating with federal authorities.
Iowa – Iowa Gov. Kim Reynolds Signs Executive Order Restoring Felon Voting Rights, Removing State’s Last-in-the-Nation Status
USA Today – Stephen Gruber-Miller and Ian Richardson (Des Moines Register) | Published: 8/6/2020
Thousands of Iowans with felony convictions who have served their sentences can now participate in November’s presidential election after Gov. Kim Reynolds signed an executive order restoring their voting rights. Iowa was the last state in the nation that still banned all people with felony convictions from voting, even after the completion of their sentences, unless they applied individually to the governor’s office to have their rights restored. The issue received heightened attention this summer as protests for racial justice swept across the country after the death of George Floyd. Activists with Des Moines Black Lives Matter made the voting rights issue one of their top demands for the governor.
Maryland – Maryland Gov. Hogan OKs Plan for Just 360 Voting Centers Statewide for November Election Amid Lack of Poll Workers
Baltimore Sun – Emily Opilo and Pamela Wood | Published: 8/10/2020
Gov. Larry Hogan has approved a plan to offer just 360 voting centers across Maryland for the November election despite what he said were “serious concerns” about the proposal. Hogan’s decision gives the State Board of Elections authority to proceed with the voting center plan as an alternative to opening about 1,600 polling places this fall. The voting centers, unlike polling places, could be used by any voter in a county, and would be placed primarily at public high schools across the state. The board voted to recommend the plan in response to lobbying from local election directors, who said they would not be able to staff a full complement of polling places in the midst of the COVID-19 pandemic.
Maryland – Top Montgomery County Aide Resigns After Being Cited for Ethics Violations
Washington Post – Rebecca Tan | Published: 8/12/2020
Montgomery County’s chief administrative officer, Andrew Kleine, resigned after being cited for ethics violations. Kleine admitted in July to promoting his book while attending conferences paid for by the county and to having relationships with two private companies that landed county contracts after he assumed his role. Kleine did not receive financial compensation for connecting the companies with the county, but his actions still violated ethics law. He agreed to pay the county $5,000 for the ethics violations, but lawmakers said the punishment was insufficient. At least five county council members questioned whether Kleine should be allowed to continue in his position.
Michigan – Michigan Official to Resign After Defending Racist Slur
Associated Press News – John Flesher | Published: 8/9/2020
An elected official in northern Michigan who used a racist slur prior to a public meeting will resign. Tom Eckerle, a member of the Leelanau County road commission, will step down after receiving criticism from across the U.S. A local road commission meeting started with one commissioner asking Eckerle why he was not wearing a mask amid the coronavirus pandemic. “Well, this whole thing is because of them n—–s in Detroit,” Eckerle said. Despite the backlash, Eckerle later doubled down on his comments, defending his position in an interview with the local public radio station. “I don’t regret calling it a n—-r,” Eckerle said. “A n—-r is a n—-r is a n—-r. That’s not a person whatsoever.”
Montana – Helena Judge Again Takes Green Party Off Ballot
Helena Independent Record – Holly Michels | Published: 8/7/2020
The Montana Green Party will not be on the ballot this year after an order from Helena District Court Judge James Reynolds. Enough people asked for their signatures to be removed from petitions qualifying the Green Party for the ballot that the effort no longer met the necessary threshold, Reynolds found. More than 560 people submitted signature withdrawal requests following news reports the state Republican Party paid for the petitioning that qualified the Green Party. In a separate matter, the state Commissioner of Political Practices has found the Montana GOP’s actions broke state campaign finance laws.
New Mexico – Ethics Complaint Alleges Group Failed to Disclose Donors, and Suggests Connection to Prominent Lobbyist
New Mexico Political Report – Brian Metzger (New Mexico In Depth) | Published: 8/8/2020
Over the course of May and early June this year, a new group called the Council for a Competitive New Mexico (CCNM) spent over $130,000 on a media campaign supporting a group of incumbent state senators, most of whom would go on to lose as part of a progressive wave in June’s Democratic primary. The media campaign included several negative mailers and automated phone calls against candidates opposing the incumbents while the public was left in the dark about who organized the group and who funded the media campaign. Now, an ethics complaint filed with the secretary of state’s office alleges CCNM broke New Mexico’s election code by not disclosing its donors.
New York – JCOPE Commissioner: Non-Cuomo appointees left out of loop
Albany Times Union – Chris Bragg | Published: 8/11/2020
State ethics commissioners appointed by New York Gov. Andrew Cuomo are privy to information not available to others on the Joint Commission on Public Ethics (JCOPE), a commissioner charged. The allegation was made by Commissioner Gary Lavine, a Senate Republican appointee to JCOPE. From 2011 through 2018, Lavine had served on the ethics panel as an appointee of the governor. There are six Cuomo appointees on the commission and eight legislative appointees. Lavine said there was a “super commission” made up of the Cuomo appointees, a “two-tier hierarchy” of JCOPE. Lavine said he was echoing remarks to that effect made years ago by Ravi Batra, a former Senate Democratic appointee to the panel who resigned in 2012. But Batra’s sentiment is still true, Lavine said.
New York – New York Attorney General Seeks to Dissolve NRA
Associated Press News – Michael Sisak, Larry Neumeister, and Lisa Marie Payne | Published: 8/6/2020
New York Attorney General Letitia James took action to dissolve the National Rifle Association (NRA) following an 18-month investigation that found evidence the gun rights organization is “fraught with fraud and abuse.” The lawsuit alleges top NRA executives misused charitable funds for personal gain, awarded contracts to friends and family members, and provided contracts to former employees to ensure loyalty. Simultaneously, the Washington, D.C. attorney general sued the NRA Foundation, a charitable arm of the organization, accusing it of diverting funds to the NRA to help pay for lavish spending by its top executives.
New York – Trump Moves to Force Manhattan D.A. to Reveal Details of Inquiry
New York Times – Nicole Hong, William Rashbaum, and Benjamin Weiser | Published: 8/10/2020
President Trump, seeking to block a subpoena for his tax returns, plans to ask a federal judge to order the Manhattan district attorney, Cyrus Vance Jr., to disclose details about his investigation into the president’s business practices. The letter, which Trump’s lawyers wrote to the federal judge in Manhattan, was in response to a filing from prosecutors in Vance’s office, who argued they had wide legal basis to subpoena eight years of the president’s tax records and other financial documents. The office suggested it was investigating the president and his company for possible bank and insurance fraud, a significantly broader inquiry than prosecutors had acknowledged in the past.
North Carolina – New N.C. Campaign Spending Rule Ends Practice Berger Used
MSN – Gary Robertson (Associated Press) | Published: 8/11/2020
North Carolina legislators can no longer spend campaign committee money toward buying or renting homes or condominiums that they or family members own, a practice that powerful state Senate leader Phil Berger used for years. An administrative rule from the State Board of Elections that took effect recently bars such transactions for all state candidates or their campaign committees. The prohibition applies even if the residence is used as the result of holding office or if the payments are made to a business that the politician or officeholder owns. The Legislative Ethics Committee also approved new guidance in May that makes it “unethical” for a legislator to receive a daily expense check to cover lodging expenses while serving in Raleigh if the lawmaker gets them covered through another source.
Ohio – Householder Case: ‘Company C’ CEO Wayne Boich gave cash to HB 6 ‘dark money’ groups
MSN – Randy Ludlow (Columbus Dispatch) | Published: 8/5/2020
The leader of a Columbus-based firm that made its family fortune in Ohio coal provided $25,000 of the money used to open bank accounts for the “dark-money” nonprofit at the center of the House Bill 6 scandal. Wayne Boich, chief executive officer of Boich Companies, also later gave $100,000 to a for-profit company that spent nearly $1.5 million to support former House Speaker Larry Householder’s Republican candidates in the 2018 general election. Boich is the chief executive of “Company C,” listed in a federal court criminal complaint charging Householder and four others with racketeering, The Columbus Dispatch confirmed with a source close to the investigation.
Ohio – New Ohio Speaker Has His Own Ethics Issues Involving FirstEnergy
Sludge – David Moore | Published: 8/10/2020
After the House speaker was indicted for taking bribes from energy companies in what a U.S. Attorney called “likely the largest bribery scheme ever perpetrated against the state of Ohio,” a new speaker with deep financial ties to the same energy companies has been appointed. Republicans elected Rep. Bob Cupp to replace indicted Larry Householder as the House leader. The energy companies accused of bribing Householder and funneling “dark money” to Generation Now, a Householder-controlled 501(c)(4) group, have been major donors to Cupp over his career. Cupp has faced his share of ethics allegations stemming from his energy industry contributions.
Ohio – Ohio Secretary of State Frank LaRose: No extra ballot drop boxes for November election
Cleveland Plain Dealer – Andrew Tobias | Published: 8/12/2020
Ohio Secretary of State Frank LaRose said Wednesday he is banning county boards of elections from offering more than one drop box for completed absentee ballots this November, saying it is grown too late to make changes to how the state will administer this year’s presidential election. LaRose, a Republican, more than three weeks ago formally asked state Attorney General Dave Yost, also a Republican, for a legal opinion on whether the extra drop boxes were allowed under Ohio law. Democrats accused LaRose of voter suppression, saying the request of Yost was just a charade that would allow LaRose to eventually run out the clock.
Oregon – Supreme Court Puts a Halt to Oregon Redistricting Ballot Measure
OPB News – Dirk VanderHart and Jeff Mapes | Published: 8/11/2020
The U.S. Supreme Court stopped an effort to alter how Oregon draws its legislative and congressional districts. The court granted an emergency stay that will halt, for now, a push to land a measure on the November ballot placing authority for those districts in the hands of a nonpartisan commission. In July, a coalition successfully argued that due to the coronavirus pandemic, it faced an undue burden in collecting enough signatures to place its redistricting measure on the ballot. Even though it had too few signatures to qualify, U.S. District Court Judge Michael McShane ruled the group should face a lower standard. But the Supreme Court reversed that ruling.
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