December 25, 2020 •
News You Can Use Digest – December 25, 2020
National/Federal A Frustrated Trump Redoubles Efforts to Challenge Election Result MSN – Felicia Sonmez, Josh Dawsey, Dan Lamothe, and Matt Zapotosky (Washington Post) | Published: 12/20/2020 President Trump has intensified efforts to overturn the election, raising a series of radical measures […]
National/Federal
A Frustrated Trump Redoubles Efforts to Challenge Election Result
MSN – Felicia Sonmez, Josh Dawsey, Dan Lamothe, and Matt Zapotosky (Washington Post) | Published: 12/20/2020
President Trump has intensified efforts to overturn the election, raising a series of radical measures in recent days, including military intervention, seizing voting machines, and a 13th-hour appeal to the U.S. Supreme Court. Trump said he had spoken with Sen.-elect Tommy Tuberville about challenging the electoral vote count when the House and Senate convene on January 6 to formally affirm President-elect Joe Biden’s victory. Trump’s conversation with Tuberville is part of a much broader effort by the defeated president to invalidate the election. He is increasingly reaching out to allies like Giuliani and White House trade adviser Peter Navarro for ideas and searching his Twitter feed for information to promote.
Bennet Introduces Bill to Eliminate ‘Zombie’ Campaign Accounts
Colorado Politics – Michael Karlick | Published: 12/18/2020
U.S. Sen. Michael Bennet introduced the Zeroing Out Money for Buying Influence after Elections (ZOMBIE) Act to address what happens with campaign money for federal candidates when they leave office. The ZOMBIE Act requires candidates to close campaign accounts within six months of not filing to run for reelection or another federal office. People would also need to close their personal or leadership committees before registering as a lobbyist or foreign agent. Candidates may divest their unspent money to donors, the U.S. Treasury, or a charity. The candidate or their family may not have personal ties to the recipient charity, however.
Despite Trump’s Intense Hunt for Voter Fraud, Officials in Key States Have So Far Identified Just a Small Number of Possible Cases
MSN – Rosalind Helderman, Jon Swaine, and Michelle Ye Hee Lee (Washington Post) | Published: 12/23/2020
After an intense hunt by President Trump’s allies to surface voting irregularities in this year’s election, law enforcement agencies in six key swing states targeted by the president have found just a modest number of complaints that have merited investigation. So far, only a handful of cases have resulted in actual criminal charges alleging wrongdoing – some of them against Republican voters aiming to help Trump. The tiny number of incidents further undercut Trump’s barrage of false allegations that there was widespread manipulation of the vote. The alleged voter fraud cases, mostly spotted by local election officials, were identified due to the kinds of safeguards in place in states and counties specifically designed to catch problems.
FBI Links Iran to Online Hit List Targeting Top Officials Who’ve Refuted Trump’s Election Fraud Claims
MSN – Ellen Nakashima, Amy Gardner, and Aaron Davis (Washington Post) | Published: 12/22/2020
The FBI has concluded Iran was behind online efforts to incite lethal violence against the bureau’s director, a former top U.S. cyber expert, and multiple state elections officials who have refuted claims of widespread voter fraud promoted by President Trump and his allies. FBI Director Christopher Wray and ousted Homeland Security Department official Christopher Krebs were among more than a dozen people whose images, home addresses, and other personal information were posted on a website titled “Enemies of the People.” Crosshairs were superimposed over the photos. In August, intelligence officials said Iran was seeking to undermine U.S. democratic institutions and divide the country in advance of the election.
High Court Rules Challenge to Trump Census Plan Is Premature
Associated Press News – Mark Sherman | Published: 12/18/2020
The U.S. Supreme Court dismissed as premature a challenge to President Trump’s plan to exclude people living in the country illegally from the population count used to allot states seats in the House of Representatives. But the court’s decision is not a final ruling on the matter, and it is not clear whether Trump will receive final numbers from the Census Bureau before he leaves office. The high court said it was too soon to rule on the legality of Trump’s plan because it is not yet clear how many people he would seek to exclude and whether the division of House seats would be affected.
House Intends to Reissue Subpoena for Trump’s Financial Records Next Year
Politico – Kyle Cheney | Published: 12/21/2020
The House Oversight Committee intends to reissue a subpoena for President Trump’s financial records next year. The House has been pursuing Trump’s financial documents form his accounting firm, Mazars USA, since Democrats took power in early 2019 but the effort has been tied up in the courts. The case landed before the U.S. Supreme Court this year, and the justices determined the lower courts had failed to scrutinize the subpoena closely enough, kicking it back to them for further review. Now, as the congressional session winds down, the House is signaling it intends to continue pursuing Trump’s financial documents even as he prepares to leave office.
Kushner Helped Launch Shell Company That Paid Campaign Funds to Trump Family: Report
MSN – Mary Papenfuss (HuffPost) | Published: 12/19/2020
A campaign shell company created in part by Jared Kushner spent half of President Trump’s massive campaign fund and secretly paid Trump family members and associates, according to Business Insider. Lara Trump, the wife of the president’s son Eric, was head of the company, and a nephew of Vice President Mike Pence served as its vice president, Business Insider reported. The company was incorporated in Delaware as American Made Media Consultants Corporation and American Made Media Consultants. Records reveal the president’s campaign and its affiliated Trump Make America Great Again Committee with the Republican National Committee spent more than $617 million through the company, which purchased ads but also funded the more amorphous tasks of “digital consulting” and “research consulting.”
Major U.S. Companies Are Lobbying in a Scrum for Early Vaccine
MSN – Christopher Rowland, Isaac Stanley-Becker, Jacob Bogage, Abha Bhattarai, and Laura Reiley (Washington Post) | Published: 12/20/2020
Companies are lobbying states and the federal government to prioritize their workers for early immunization against the coronavirus amid limited supplies of the vaccine. After front-line health-care workers and elderly people in nursing homes and assisted-living centers are immunized, the government is expected to begin shipping vaccine to communities for those it has designated as essential workers. The task of setting the sequence of vaccinations within that disparate population, verifying who is essential and setting up equitable systems for access is triggering competition. The government’s list is so broad it includes everyone from weather forecasters to the operators of shooting ranges. Some policy experts fear the competition for vaccines will favor the wealthiest companies with the strongest lobbying teams in state capitals.
New Round of Trump Clemency Benefits Manafort, Other Allies
Associated Press News – Eric Tucker | Published: 12/24/2020
President Trump pardoned more than two dozen people, including former campaign chairperson Paul Manafort, Roger Stone, and Charles Kushner, the father of his son-in-law, in the latest wave of clemency to benefit longtime associates and supporters. The actions, in Trump’s waning time at the White House, bring to nearly 50 the number of people whom the president has granted clemency in the last week. The list from the last two days includes not only multiple people convicted in the investigation into the Trump campaign’s ties to Russia but also allies from Congress and other felons whose causes were championed by friends.
Trump Pardons 15, Commutes 5 Sentences, Including GOP Allies
Associated Press News – Colleen Long, Kevin Freking, and Eric Tucker | Published: 12/23/2020
President Trump granted clemency to 20 people, including three former Republican members of Congress and two people who were convicted of crimes as part of the investigation into Russian interference in the 2016 presidential election. Recipients of Trump’s newest pardons included his first two congressional endorsers, former Rep. Chris Collins, convicted on charges related to insider trading, and former Rep. Duncan Hunter, who pleaded guilty to campaign finance abuses, including some to support extramarital affairs. Some of Trump’s actions seemed intended to send clear messages, such as grants of clemency for George Papadopoulos, the former campaign operative whose 2016 activities triggered the FBI probe that led to special counsel Robert Mueller’s investigation.
Trump Will Face Different Twitter Rules When He Leaves Office
MSN – Emily Glazer (Wall Street Journal) | Published: 12/22/2020
President Trump has used his Twitter account as a megaphone during his administration. When he leaves office, he will need to abide by a different set of rules. Trump is currently able to tweet with less risk, compared with private citizens, of having tweets taken down or his account suspended. His Twitter account, which has more than 88 million followers, will no longer receive special privileges when he becomes a private citizen, Twitter spokesperson Nick Pacilio said. The loss of privileges reserved for world leaders and public officials would mean that if Trump violates the site’s rules, those tweets would be taken down rather than labeled in the future, Pacilio said.
Watchdog: Amy McGrath Campaign Illegally Coordinated with Democratic Party Super PACs in Bid to Unseat Mitch McConnell
MSN – Colin Kalmbacher (Law & Crime) | Published: 12/17/2020
The U.S. Senate campaign of failed candidate Amy McGrath illegally coordinated with a Democratic Party super PAC in violation of federal campaign finance law, according to a complaint filed with the FEC. The Campaign Legal Center (CLC) said McGrath’s campaign, along with the Senate campaign of Mike Espy, violated the law during the 2020 election. The CLC said McGrath’s campaign and the Ditch Fund illegally coordinated on up to $8 million worth of spending during her unsuccessful bid to unseat Majority Leader Mitch McConnell. Espy’s failed effort at replacing Sen. Cindy Hyde Smith allegedly violated federal law by coordinating with the March on PAC to the tune of some $50,000, according to the CLC.
From the States and Municipalities
Arizona – AG Says Pima County Ban on Political Contributions Unconstitutional
Arizona Mirror – Jeremy Duda | Published: 12/18/2020
Pima County’s prohibition on its employees contributing money to candidates for county office violates both the U.S. and Arizona constitutions, according to Arizona Attorney General Mark Brnovich. In a nonbinding opinion, Brnovich said the policy impermissibly infringes on the free speech rights of Pima County employees. The 1992 policy bars county employees from contributing money or soliciting contributions for county candidates. County supervisors passed the rule as an ethics reform to prevent elected officials from pressuring employees to contribute to their campaigns.
Arizona – Candidate for Arizona Corporation Commission Faces Investigation into Campaign Spending
MSN – Ryan Randazzo (Arizona Republic) | Published: 12/17/2020
The Arizona Citizens Clean Elections Commission agreed that Eric Sloan, who lost a bid to become one of the state’s utility regulators, appears to have violated laws regarding how candidates can spend public campaign money. The vote will initiate an investigation that could include subpoenas for Sloan’s finance records and depositions of witnesses. It ultimately could result in a fine. Sloan’s former campaign company accused Sloan of failing to pay him for a variety of services that helped get Slone on the ballot and then spending all his public money from the Clean Elections Commission elsewhere, which put him over the spending limit.
California – Newsom Appoints Alex Padilla to Fill Harris’ Senate Seat
Politico – Jeremy White | Published: 12/22/2020
Gov. Gavin Newsom is appointing California Secretary of State Alex Padilla to the U.S. Senate, giving the state its first Latino senator. From the moment President-elect Joe Biden selected Sen. Kamala Harris as his running mate, California politicians began positioning themselves for the possible opening. The lobbying around Newsom has intensified since Biden’s victory, with various groups representing different constituencies urging the governor to appoint a Latino, a Black woman, or another representative of California’s diversity. The governor chose the presumed frontrunner in Padilla, who has supported Newsom’s political ambitions and offered the historic opportunity in a state where Latinos are a plurality at 40 percent of the population.
California – Newsom Lobbying Ban Won’t Immediately Affect French Laundry Dining Partner
MSN – Alexei Kosoff (San Francisco Chronicle) | Published: 12/17/2020
California Gov. Gavin Newsom committed to not hiring any registered lobbyist as a paid consultant and barred his paid campaign or political consultants from directly lobbying the governor, his staff, or state agencies under his control. The new policy bans a dozen people serving as paid consultants to his campaign or the California Democratic Party from lobbying, but Jason Kinney is not among them. Kinney, the lobbyist and longtime adviser to Newsom, whose attendance at a 50th birthday dinner for Kinney sparked criticism over his close ties to consultants who also work for corporate clients and other influential interests at the Capitol.
Colorado – Denver Clerk Lopez Contracts with Outside Group to Run City’s Campaign Finance System
North Denver Tribune – Staff | Published: 12/14/2020
Denver Clerk and Recorder Paul López today announced his office has contracted with MapLight a nonprofit technology firm, to build a replacement for the city’s outdated campaign finance reporting application. MapLight’s new application will be uniquely designed to administer Denver’s campaign finance regulations, provide in-depth search functions for the public, and implement the Fair Elections Fund. The new campaign finance system will launch in the second half of 2021 and will include a litany of needed upgrades for campaign users, employees, and Denver residents.
Colorado – How Colorado’s New Redistricting Commissions Will Navigate a Political Swamp in 2021
Bloomfield Enterprise – Jon Murray (Denver Post) | Published: 12/22/2020
A redistricting commission will take the helm in Colorado in 2021, steering the process of redrawing congressional and legislative districts, a process that in the past has often been dominated by whichever party held more sway. A lot will hinge on who gets picked as commissioners, how well they work together, and how they juggle competing interests, including jockeying for an eighth congressional seat that is expected to be granted to Colorado. But advocates say commissions are set up to keep decision-making out of back rooms. Each is required to be divided evenly between Democratic, Republican, and unaffiliated members. Many political insiders and lobbyists are barred from being members, and extensive rules require consensus to approve the new maps.
Florida – Antonacci Gets a New Job and an Old Problem: The appearance of a conflict of interest with his wife
Florida Bulldog – Dan Christensen | Published: 12/16/2020
Outgoing Broward Supervisor of Elections Peter Antonacci was named by Florida’s Cabinet to be the next Chief Judge/Executive Director of the Florida Division of Administrative Hearings. He must now be confirmed by the state Senate. For the second time in five years, however, Antonacci’s new job creates an immediate appearance of a conflict-of-interest involving his wife, Anne Longman, a lawyer who often represents clients before the division her husband would now lead.
Florida – ‘Could Really Use the Support’: Witness says Beach politician drove donors to mystery PAC
Miami Herald – Christina Saint Louis | Published: 12/17/2020
Before Petter Hagland became a key figure in the ethics scandal that wrecked Michael Grieco’s mayoral aspirations, he received multiple emails from the then-Miami Beach commissioner badgering him for one thing: money. “I am asking for your support in my endeavors to seek higher office,” Grieco wrote to Hagland, part of a wealthy Norwegian shipping and oil family, in an email. The Miami-Dade Commission on Ethics & Public Trust questioned Hagland about those exchanges as part of its investigation into Grieco’s involvement with People for Better Leaders, the murky PAC that raised over $200,000, much of it from special interests doing business with the city, in the run-up to the 2017 municipal election. The $25,000 from Hagland was the largest contribution to the mystery PAC.
Florida – Michael Grieco’s Fundraising Falsehoods Violated Ethics Rules, Panel Finds
Miami Herald – Christina Saint Louis | Published: 12/17/2020
The Miami-Dade Commission on Ethics and Public Trust found state Rep. Michael Grieco violated the Citizens’ Bill of Rights twice during his term as a Miami Beach commissioner by falsely portraying his involvement with the PAC People for Better Leaders. The first falsehood was when he told the Miami Herald, “I do not have a political committee. I didn’t set one up. I haven’t solicited one,” and again when he told the Herald, “It is absolutely untrue. … You can look right into my soul.” Evidence and testimony elicited in a hearing, including sworn statements from donors and the chairperson of the PAC, indicated Grieco was actively involved in creating, operating, coordinating, and funding the PAC.
Georgia – GOP Launches Legal War on Absentee Voting Ahead of Georgia Runoffs
Politico – Zach Montellaro and James Arkin | Published: 12/17/2020
Federal judges in Georgia rejected a pair of Republican-led lawsuits to restrict absentee voting ahead of January’s U.S. Senate runoffs, the first salvos in a GOP effort to change voting rules for future elections following President Trump’s loss in 2020. Republicans filed three lawsuits – two in federal court, one in state court – in Georgia ahead of the runoffs, in which hundreds of thousands of people have already voted by mail or in person for races that will decide control of the Senate. The suits are an attempt to make successfully voting by mail harder in Georgia, which Republicans say is necessary to protect the security of the elections and others claim is an attempt to suppress votes for Democratic candidates.
Illinois – Rules Requiring Nonprofits to Register as Lobbyists Delayed Again
WTTW – Heather Cherone | Published: 12/21/2020
Rules requiring nonprofit organizations to register as lobbyists in Chicago were set to go into effect January 1, 2020, but were delayed after dozens of nonprofit groups objected, saying the regulations would force them to pay costly registration fees or risk $1,000 fines. The effort to amend the guidelines was still underway when the coronavirus pandemic forced City Hall to shut down, and the delay was extended. It will now last until spring 2021. The ethics ordinance will need to be revised by the city council to clarify the rules, officials with the Chicago Board of Ethics have said.
Kansas – Wichita City Council Member James Clendenin to Resign Amid Investigation, Controversy
Wichita Eagle – Chance Swaim | Published: 12/22/2020
Under investigation for potential abuse of CARES Act funds and facing ouster proceedings for participating in a political scandal during the 2019 mayoral race, Wichita City Councilperson James Clendenin plans to resign by the end of the year. Clendenin faced the possibility of being the first council member ousted in the city’s 150-year history. Clendenin is one of three city officeholders behind the “Protect Wichita Girls” video, a political advertisement that falsely accused Mayor Brandon Whipple of sexual harassment, and a plot to blame former Sedgwick County GOP Chairperson Dalton Glasscock for the bogus ad.
Maine – Maine Regulator Can Get Financial Records from Anti-CMP Corridor Group, Judge Rules
Bangor Daily News – Caitlin Andrews | Published: 12/17/2020
Maine’s ethics commission can request financial records from a “dark-money” group opposing Central Maine Power’s proposed $1 billion corridor project as part of a broader investigation. Stop the Corridor sued the ethics commission, aiming to shield its donors from public view after the commission voted to require the group to disclose financial information as part of an investigation into whether Stop the Corridor had to register as a political committee after it gave $85,000 to another ant-corridor organization. But a judge disagreed with the anti-corridor group’s argument that the ethics agency had no jurisdiction to do so, denying a delay of the commission’s order by finding the group was unlikely to succeed and the information requested was relevant to the probe.
Maryland – With New Members in Place, Baltimore Spending Board Beefs Up Transparency on Conflicts of Interest
Baltimore Sun – Emily Opilo | Published: 12/16/2020
Baltimore’s spending board voted to make its abstention process more transparent following a controversy in which the city’s then-comptroller repeatedly voted to approve spending for organizations with which she was connected. While members of the Board of Estimates were previously required to maintain a list of groups with which they had ties that could create a conflict and disclose any abstentions during meetings, the new rules require members to state the reason for abstaining in a memo that will be posted online with the board’s agenda.
Massachusetts – House Speaker Robert A. DeLeo Discloses He’s in Talks for Job at Northeastern, Setting Off Succession Campaign
MSN – Matt Stout and Andrea Estes (Boston Globe) | Published: 12/18/2020
House Speaker Robert DeLeo filed a much-anticipated ethics disclosure notifying officials he is in talks for a job with Northeastern University, potentially marking the beginning of the end of his tenure as the longest-serving House leader in Massachusetts history. According to his letter, DeLeo said he asked his personal attorney to contact the state’s Ethics Commission to “discuss my status and to ensure compliance” with the conflict-of-interest law. DeLeo wrote he is currently not required to file a disclosure but chose to “out of an abundance of caution.” DeLeo would be the first speaker since 1990 to step down on his own timetable and without the specter of either a criminal investigation or indictment.
Missouri – Ethics Panel Rebukes St. Louis Lawmaker Accused of Having Sex with Intern
St. Louis Post-Dispatch – Kurt Erickson | Published: 12/17/2020
Missouri Rep. Wiley Price IV faces censure after an investigation into whether he had sex with his legislative intern earlier this year. Price did not admit to having sex with the intern but was found to have attempted to cover up the incident and interfered in the House Ethics Committee probe into his behavior. The committee recommended the full House strongly admonish Price. That could include stripping him of his committee assignments and not allowing him to meet with the Democratic caucus. He also will be barred from having an intern in the future, and the report calls for Price to repay $22,494 to cover the cost of the investigation.
New Mexico – Nonprofit Groups Test New Independent Expenditure Law to the Test
New Mexico Political Report – Brian Metzger (New Mexico In Depth) | Published: 12/16/2020
New Mexico lawmakers passed campaign reporting requirements in 2019 to force nonprofit groups, which can spend money on campaigns without registering as political committees, to disclose their spending as well as the names, addresses, and contribution amounts of their donors who fund such independent expenditures. In 2020, two nonprofit groups immediately put the new law to the test by refusing to disclose donors despite enforcement efforts by both the secretary of state and the State Ethics Commission. The challenges by the nonprofit groups represent a key test for both the law itself and for the enforcing power of the ethics panel, which was also established in 2019.
New York – Ex-Sen. Jeff Klein Seeks to Block Ethics Hearing on Sexual Harassment Allegations
Albany Times Union – Brendan Lyons | Published: 12/21/2020
Former New York Sen. Jeffrey Klein has filed a petition in state Supreme Court seeking to block the Joint Commission on Public Ethics (JCOPE) from holding a hearing on whether he violated Public Officers Law when he allegedly forcibly kissed a female staff member outside an Albany bar five years ago. The petition alleges JCOPE exceeded its authority and abused its discretion when it rejected a hearing officer’s recommendation the case should be dismissed.
North Dakota – Attorney General: North Dakota Ethics Commission can write lobbying definitions
Bismarck Tribune – Jack Dura | Published: 12/23/2020
The North Dakota Ethics Commission can write rules defining “lobby” and “lobbyist” pertaining to gift restrictions, according to state Attorney General Wayne Stenehjem. He issued an opinion in response to the board’s request for clarification on its authority to expand on the definitions relating to gifts. Commissioners have encountered conflicting language in state law and the North Dakota Constitution as they have established the board and its rules.
Ohio – Elections Commission Dings Rep. Nino Vitale Over Late Report, Delays More Serious Charges
MSN – Rick Rouan (Columbus Dispatch) | Published: 12/17/2020
A state lawmaker who has backed an effort to impeach Gov. Mike DeWine, urged Ohioans not to get tested for the coronavirus, and was accused of using anti-Semitic language against former Health Director Dr. Amy Acton is now answering for alleged campaign finance violations. The Ohio Elections Commission found Rep. Nino Vitale violated the law by filing one of his reports after the deadline. The commission did not level any penalty or fine against Vitale for the late filing. The case included several other allegations, including that Vitale improperly used a campaign account to accept payment for a concealed carry class he taught. The remaining five counts in the case were set for a separate hearing to be scheduled later. Vitale appeared to suggest the complaint was tied to his support of articles of impeachment against DeWine.
Ohio – Leader of Columbus Green-Energy Ballot Measure Indicted for False Campaign Finance Reports
MSN – Mark Ferenchick (Columbus Dispatch) | Published: 12/16/2020
John Clark Jr., who led the initiative petition drive that would have diverted tens of millions of dollars of city of Columbus money toward vague green-energy initiatives, was indicted on felony charges of filing false campaign finance reports. The charges relate to false information provided on campaign finance reports filed with the city in 2019. The Franklin County prosecutor’s office said the false statements are related to the source and amount of contributions made to the ballot initiative. The 2019 initiative would have redirected $57 million dollars in city money to proposed green-energy initiatives by ProEnergy Ohio LLC, a limited partnership group Clark led.
Ohio – Ohio Lawmakers Do Nothing on Scandal-Tainted House Bill
MSN – Jessie Balmert (Cincinnati Enquirer) | Published: 12/22/2020
After a federal bribery investigation ousted a former House leader, Ohio lawmakers did nothing to repeal or delay the $1 billion nuclear plant bailout at the heart of the alleged “pay-to-play” scheme. Caught between lawmakers who wanted to do more to curb the nuclear subsidies and those who wanted to bail out the plants, the Republican-controlled House could not cobble together the votes needed for a change. A judge relieved some of the pressure on lawmakers to act by blocking the fees from appearing on Ohioans’ electric bills in January. The fees subsidize two nuclear plants owned by Energy Harbor. Lawmakers will continue to work to find a definitive legislative solution next year, Speaker Bob Cupp said.
Oregon – Staffers for Oregon Lawmakers Have Filed to Form a Union
OPB – Dirk VanderHart | Published: 12/16/2020
Legislative aides in Oregon want to be the first group of such employees in the country to form their own union. While unions often have a partisan tinge in the statehouse, staffers of lawmakers in both parties note changes in recent years they felt highlighted a need for better representation. One is a lengthy process that has sought to modify pay within the Capitol. One facet of that process, adopted earlier this year, was focused on ensuring staffers are paid equitably if they serve in similar roles. Another change is the Legislature’s ongoing revisions of Capitol policies for harassment and retaliation. The employees said a union would ensure their voices are present when lawmakers make such decisions.
South Carolina – Richland Councilwoman Accused of Corruption as Prosecutor Criticizes County Spending
MSN – David Travis Bland, Bristow Marchant, and Sarah Ellis (The State) | Published: 12/18/2020
Richland County Council member Dalhi Myers used taxpayer money for personal travel to Greece and other places, a resort hotel stay in Nashville, and “premium chocolates” and other personal items, according to an indictment. The grand jury indicted Myers on 24 charges that include misconduct in office, use of official position for personal gain, embezzlement, writing a fraudulent check, and use of campaign funds for personal expenses. Most of the indictments allege she used county taxpayer money for personal use. If convicted on all charges, she could be sentenced to more than 20 years in prison.
Tennessee – In Earlier Meetings, Ford, Jr. Cast Votes in Favor of $450K Award Entangled in His Business
Memphis Commercial Appeal – Sarah Macaraeg | Published: 12/17/2020
Records show Shelby County Commissioner Edmund Ford, Jr. twice introduced and voted in favor of a $450,000 budget allocation to Junior Achievement, a nonprofit he later said he sold computers through his business, E&J Computer Services and Repair. The committee votes moved Ford’s grant resolution in front of the full Board of Commissioners with a favorable recommendation. Ford left the room of the final vote without making a disclosure, video shows, though he acknowledged he had had conflicts-of-interest in mind. The records of the earlier meetings show that Ford did not recuse himself at any stage.
Texas – $1.7M for George Strait, Six-Figure Bonuses: Months later, a lawsuit forced Texas to release details on inaugural spending
Texas Tribune – Jay Root (Houston Chronicle) and Shannon Najmabadi | Published: 12/17/2020
Gov. Greg Abbott and the 2019 Texas Inaugural Committee spent months fighting the disclosure of documents detailing how they spent a record-setting $5.3 million that event organizers raised mostly from corporations and wealthy donors. But The Texas Tribune sued the committee and successfully obtained the bank statements and spending ledger in an out-of-court settlement. The result is the most detailed and complete account of inaugural spending in decades. Attorney Bill Aleshire, who represented The Tribune, said the legal fight he had to wage to get the records highlights the need for better transparency in state inaugurations, which accept corporate money but face little regulation over how it gets spent.
Texas – Developer Sherman Roberts Indicted on Charges of Bribing Dwaine Caraway and Carolyn Davis
D Magazine – Matt Goodman | Published: 12/17/2020
Sherman Roberts, chief executive officer of City Wide Community Development Corporation, was indicted on bribery charges for his dealings with two former Dallas City Council members who, prosecutors claim, supported his tax-credit housing projects in exchange for money and promises of future payments. The indictment does not name the council members, but one appears to be the late Carolyn Davis, who was chair of the city’s Housing Committee at the time of one of the alleged bribes. The other alleged bribe recipient appears to be former Councilperson Dwaine Caraway, who is serving a 56-month sentence for accepting bribes for his vote on another contract.
Virginia – In Richmond, the Case of the State Senator and the Judge Draws Attention to Lax Ethics Rules
MSN – Gregory Schneider (Washington Post) | Published: 12/18/2020
Virginia is one of two states where judges are selected by the Legislature, a practice that dates to the Colonial era. When Richmond General District Judge David Hicks appeared before a General Assembly committee seeking reappointment to the bench, he had an unusual connection to one of the lawmakers conducting the review. State Sen. Joseph Morrissey had just appeared in Hicks’s courtroom the week before as a defendant in a misdemeanor criminal case. With Hicks still presiding over Morrissey’s case, the interaction raised eyebrows. It casts a light on the way business is conducted around the Capitol and draws attention to Virginia conflict-of-interest rules that largely leave it up to public officials to self-police.
Washington DC – While Incarcerated in the D.C. Jail, a Candidate Fights for an ANC Seat
Washington Post – Julie Zauzmer | Published: 12/17/2020
Joel Caston has filled many roles during his 26 years of incarceration, from youth mentor to published author to financial literacy instructor for his fellow inmates. Now he is seeking a new job: elected official. Caston ran in November for a long-vacant seat on the Advisory Neighborhood Commission, The District of Columbia’s most granular level of local government, with the goal of representing inmates at the city jail as the first person to hold the office while incarcerated. But his pursuit has been hampered by a paperwork error, and the Board of Elections says he would not be allowed to take office. Caston and his advocates outside the jail say they are not giving up on finding a solution.
December 18, 2020 •
News You Can Use Digest – December 18, 2020
National/Federal Attorney General William Barr to Step Down Politico – Josh Gerstein and Kyle Cheney | Published: 12/14/2020 Attorney General William Barr is leaving his position, a decision that follows months of complaints from President Trump about the administration’s top lawyer. […]
National/Federal
Attorney General William Barr to Step Down
Politico – Josh Gerstein and Kyle Cheney | Published: 12/14/2020
Attorney General William Barr is leaving his position, a decision that follows months of complaints from President Trump about the administration’s top lawyer. The cordial tone of Trump’s tweet announcing Barr’s exit was in marked contrast to the president’s public scolding of the attorney general in recent weeks. In Trump’s telling, Barr had failed to make public a financial crimes investigation into Joe Biden’s son that was ongoing before the election and failed to muster the Justice Department in support of Trump’s legal campaign to upend the election results. Barr’s letter confirming his departure opened with an allusion to Trump’s insistent but baseless claims the election was stolen. The letter did not repeat or disavow Barr’s statement that he had seen no indication of “widespread” fraud.
Biden’s Inaugural Will Be Mostly Virtual, but Money from Donors Will Be Real
New York Times – Kenneth Vogel and Eric Lipton | Published: 12/16/2020
President-elect Joe Biden’s allies have begun an ambitious campaign to raise millions of dollars from corporations and individuals by offering special “V.I.P. participation” in reimagined inaugural festivities that will be largely virtual because of the coronavirus pandemic. The contrast between the constraints of putting on inaugural festivities during a public health crisis and fundraising as usual underscores how donations to an inaugural are not just about getting good seats for the swearing-in or tickets to black-tie balls. They are also a way for corporations and well-heeled individuals to curry favor with a new administration, a reality that prompted liberal groups to ask Biden’s inaugural committee to forgo corporate donations.
Electoral College Affirms Biden’s Victory on a Relatively Calm Day of a Chaotic Election
MSN – Elise Viebeck, Dan Simmons, Amy Worden, and Omar Sofradzija (Washington Post) | Published: 12/14/2020
President-elect Joe Biden achieved formal victory over President Trump, winning his 306 votes in the electoral college and advancing one more step toward inauguration even as die-hard Trump supporters redoubled their efforts to stop the normal transfer of power. Electors gathered in every state and the District of Columbia for a day-long series of votes that delivered no surprises for either Trump or Biden. The proceedings harked back to more typical presidential elections and stood in contrast with the unprecedented, though fruitless, six weeks of legal and procedural chaos triggered by Trump’s refusal to accept his loss.
EPA Can’t Claw Back Names of ‘Happy Hour’ Oil Lobbyists
Courthouse News Service – Nicholas Iovino | Published: 12/9/2020
The U.S. Environmental Protection Agency (EPA) cannot claw back documents it disclosed by mistake revealing the names of oil lobbyists who planned a “happy hour” outing with EPA officials, a federal judge ruled. U.S. Magistrate Judge Joseph Spero found the EPA failed to show unveiling names and email addresses of lobbyists posed the kind of privacy or safety risk that would justify ordering the documents be returned. The EPA argued that disclosing those details could make the lobbyists targets of harassment by the media or “individual actors.” Spero found no evidence that unmasking other lobbyists’ names in Freedom of Information Act-requested documents led to the kind of harassment the EPA feared.
Forced to Take Networking Virtual by Pandemic, K Street May Never Go Back
MSN – Kate Ackley (Roll Call) | Published: 12/10/2020
K Street lobbyists have embraced the virtual world for networking events, policy panels, and client conferences, in many cases nabbing big-name speakers, including members of Congress, government officials, and business executives. Though Zoom interactions may never fully replace in-person hobnobbing, most lobbyists expect virtual sessions to endure long after the COVID-19 pandemic subsides. Such events are free but ingratiate lobbyists with clients, potential clients, and Washington’s policymakers on whom they may rely for future decisions amid the political tumult of a new Congress and a new administration.
Judges May Reinstate Foreign Agent Case Against Flynn Partner
Politico – Josh Gerstein | Published: 12/12/2020
A federal appeals court panel is signaling it may reinstate criminal charges against a business partner of Michael Flynn over a consulting project Flynn’s firm did for Turkish interests, despite Flynn’s receipt of a pardon from President Trump that absolves the former national security adviser of criminal liability in the matter. The Fourth Circuit Court of Appeals heard arguments on the government’s bid to revive a pair of guilty verdicts a federal court jury returned last year against Bijan Rafiekian, co-founder of Flynn’s short-lived firm, Flynn Intel Group.
Legislatures Across Country Plan Sweeping Election Reform Push
The Hill – Reid Wilson | Published: 12/10/2020
State Legislatures across the country are contemplating sweeping changes to the way elections are administered after a tumultuous presidential contest, one that ended with both the highest voter turnout in American history and the outgoing president baselessly calling its integrity into question. In its wake, election rules have become the hottest topic for Legislatures, especially in presidential battleground states. In some states, lawmakers plan to make permanent access to absentee and mail-in voting that were temporarily expanded by the coronavirus pandemic, while others are looking to enact new restrictions on how people can vote.
Potential Family Conflicts Arise for Joe Biden and Aides as His Administration Drafts New Ethics Rules
MSN – Michael Scherer (Washington Post) | Published: 12/14/2020
Joe Biden is preparing to step back into the Oval Office with different expectations from his time as vice present about how to handle the relationship between his official power and his family’s private interests. After President Trump”s years of mixing family with governing and an election that highlighted the business dealings of Biden’s son Hunter, the president-elect has promised to keep his family from being hired into his administration, and to prohibit family entanglements with “any foreign operation.” Lawyers for the presidential transition are drafting new rules for the Biden White House that are likely to be more restrictive than the rules that governed the Obama administration. Biden has made clear he wants a clean break from Trump, who employed his family and spent public funds at family businesses.
Sen. David Perdue Sold His Home to a Finance Industry Official Whose Organization Was Lobbying the Senate
ProPublica – Robert Faterechi | Published: 12/10/2020
U.S. Sen. Dave Perdue sold his Washington, D.C., home last year to a brokerage industry official whose organization is under the purview of a committee Perdue sits on. The deal was made off market, without the home being listed for sale publicly. Though an appraisal by the buyer found Perdue sold for slightly under market value, four local real estate experts disagreed, saying the almost $1.8 million sale price Perdue garnered seemed high. A fifth expert said the price was squarely fair market value. Ultimately, congressional ethics experts said, their concern was Perdue sold privately and to someone whose organization that he oversaw as a senator.
Trump and His GOP Allies Vow to ‘Fight On’ after Supreme Court Rejects Legal Challenge to Overturn Election Results
MSN – Colby Itkowitz (Washington Post) | Published: 12/12/2020
President Trump amplified his unfounded claims and falsehoods about President-elect Joe Biden’s victory, lashed out at his attorney general and Republican governors he deemed unfaithful to him, and vowed to continue challenging the election results, despite the U.S. Supreme Court dealing a final blow to his brazen legal efforts to overturn the vote. Many of Trump’s GOP allies in Congress were not swayed by the Supreme Court’s refusal to hear the challenge brought by the Texas attorney general that asked the justices to invalidate millions of ballots cast in four battleground states – Michigan, Pennsylvania, Wisconsin, and Georgia – and toss out Biden’s win.
U.S. SEC Relaxes Rules on Company ‘Resource Extraction’ Disclosures
Reuters – Katanga Johnson | Published: 12/16/2020
The U.S. Securities and Exchange Commission (SEC) relaxed requirements on oil, gas, and mining companies to disclose payments made to foreign governments, completing a rule created by Congress. The agency voting to adopt industry-friendly changes to its “resources extraction” disclosure rule follows a 10-year industry fight to water down the measure, mandated by the 2010 Dodd Frank law passed to battle corporate corruption. It was the third version of the rule. SEC member Allison Lee said the rule does not demand the “detail” that would enable regulators to spot potential corruption. It also applies to fewer companies and raises the value threshold for disclosure, among other weaknesses, Lee said.
VA Watchdog Told Prosecutors His Probe of Secretary Wilkie’s Effort to Discredit House Staffer Turned Up Possible Criminal Conduct
MSN – Lisa Rein ansd Spencer Hsu (Washington Post) | Published: 12/9/2020
Confronted with a sexual assault allegation at a veterans hospital, Veterans Affairs (VA) Secretary Robert Wilkie repeatedly sought to discredit the congressional aide who made the complaint and his staff worked to spread negative information about her while ignoring known problems of harassment at the facility, according to a report. The VA’s internal watchdog paints a portrait of a department led by senior officials who were indifferent, if not hostile, to the issues at the department’s flagship medical center in the nation’s capital. It found Wilkie acted unprofessionally if not unethically, in the case of the Navy veteran who is a policy adviser to U.S. Rep. Mark Takano, chairperson of the House Veterans’ Affairs Committee.
From the States and Municipalities
California – Gavin Newsom Bans His Paid Consultants from Lobbying in New ‘Ethics Memo’
MSN – Linda Korte (Sacramento Bee) | Published: 12/11/2020
California Gov. Gavin Newsom is barring any paid campaign or political consultant from directly communicating on behalf of a client with the governor, members of his staff, or the agencies under his control for the purpose of influencing legislative or administrative action. He is barring any registered lobbyists from serving as paid campaign or political consultants. Newsom also directed his legal affairs secretary to appoint a chief ethics advisor to advise him and his team on all ethics matters. It is unclear whether the new ban applies to lobbyists who advise the governor but are not currently on his payroll.
California – With ‘a Lot to Lose,’ Dialysis Firms Spend Big, Become California Power Players
Yahoo News – Samantha Young (Los Angeles Times) | Published: 12/9/2020
The nation’s dialysis industry has poured $233 million into California campaigns over the past four years, establishing its leading companies as a formidable political force eager to protect their bottom line and influence state policy. Most of the money the industry spent funded the defeat of two union-backed ballot measures that would have regulated dialysis clinics and cut into their profits. But the companies and their trade association also stepped up their offense, dedicating about $16.4 million to lobbying and political contributions during the same period, an analysis shows.
Florida – DeSantis Wants ‘Normal’ Government Meetings. This Village Is Meeting at a Dog Park
Yahoo News – Aaron Leibowitz (Miami Herald) | Published: 12/9/2020
As temperatures dipped into the low 50s, a frigid night by Florida standards, officials in North Bay Village gathered under a small open tent on a waterfront grassy knoll behind a local dog park for a meeting. A handful of residents stood or sat on lawn chairs outside the tent, gravitating toward heat lamps for warmth. The strange scene reflected one local effort to protect against the spread of COVID-19, at a time when the tools to do so in Florida are limited. North Bay Village has now held two meetings next to the dog park to comply with Gov. Ron DeSantis’ demand that local governments return to in-person meetings.
Florida – Ethics Board Lobbying Ordinances Taking Shape Aim to Close Loopholes at Tallahassee City Hall
Tallahassee Democrat – Karl Etters | Published: 12/16/2020
Tallahassee’s Independent Ethics Board is continuing its work to develop additions to the city’s lobbying ordinances, floating three proposals that would strengthen its oversight over those trying to influence government. For the new measures, the board is looking to expand its purview to include oversight over lobbying, clearly defining who is a lobbyist and who would be subject to registering with the city, and requiring detailed logs of all lobbyist contacts with government officials. The proposed definition would include all who seek to influence any decision or recommendation “that foreseeably will be heard or reviewed by the City Commission or decision-making body.”
Florida – GOP Lawyer Appointed by Florida Governor Resigns State Panel in Protest Over Raid on Ousted Data Scientist’s Home
MSN – Teo Armus and Marisa Iati (Washington Post) | Published: 12/9/2020
A Republican lawyer resigned from a Florida judicial panel to object to police raiding the home of a data scientist who has alleged the state health department ousted her for resisting unethical pandemic-related requests. Ron Filipkowski, who served on a nominating commission for the state’s 12th Circuit, wrote in a resignation letter to Gov. Ron DeSantis’s general counsel that he considered the search warrant executed on Rebekah Jones’s home “unconscionable.” He also said it was indicative of the state’s “reckless and irresponsible” handling of the coronavirus pandemic.
Florida – Mar-a-Lago Neighbors to Trump: Spend your post-presidency elsewhere
MSN – Manuel Roig-Franzia and Carol Leonnig (Washington Post) | Published: 12/16/2020
Next-door neighbors of Mar-a-Lago, Donald Trump’s private club in Palm Beach he has called his Winter White House, do not want Trump as a resident when he leaves the presidency. They assert Trump lost his legal right to live at Mar-a-Lago because of an agreement he signed in the early 1990s when he converted the estate from his private residence to a private club. The legal maneuver could force Palm Beach to publicly address whether Trump can make Mar-a-Lago his legal residence and home, as he has been expected to do, when he becomes an ex-president. For years, various neighbors have raised concerns about disruptions, such as clogged traffic and blocked streets, caused by the president’s frequent trips to the club. Even before he was president, Trump created ill will in the town.
Florida – Secret Donor Name in Florida Senate Races Wiped from Records, Replaced
Tampa Bay Times – Samantha Gross and Ana Ceballos | Published: 12/14/2020
The name of the mystery donor behind a $550,000 effort that helped promote no-party candidates in three key Florida Senate races, including one that is under investigation, was changed in campaign finance reports. While making changes to fix errors in campaign finance reports is common, election attorneys say it is unusual to see political committees change the name of their sole donor two months after the fact. If it is determined the committees intentionally changed the name to conceal the donor, or to make the contribution in the name of another, fines or criminal penalties could be involved, said Natalie Kato, an elections and campaign finance attorney.
Georgia – Georgia Runoffs Become High-Stakes GOP Fundraising Experiment
Politico – Elena Schneider | Published: 12/14/2020
Top Republicans are using the expensive U.S. Senate runoffs in Georgia to sell their party on a deeper investment in digital fundraising, pointing to the surge in donations for the contests as an example of what GOP candidates could reap in 2022 and beyond, if they put the right infrastructure in place early. The effort is introducing some senators to online fundraising tactics that have been popular among Democrats for years but are not nearly as prevalent among Republicans. Thirty-one Republicans, including 17 who are up for reelection in 2022, are tapping into their donor lists in “tandem” email efforts benefiting themselves and the Georgia candidates, raising nearly $10 million online.
Illinois – Ethics Board Fines Ald. Brookins $5,000 For Violating Ethics Ordinance
WTTW – Heather Cherone | Published: 12/14/2020
The Chicago Board of Ethics voted to fine Ald. Howard Brookins $5,000 for violating a city ordinance by defending clients, including former Ald. Proco Joe Moreno, in criminal cases involving the Chicago Police Department. The fine levied by the board is the maximum allowed. The Ethics Board ruled in September 2019 that aldermen face “diverging interests” when they represent a client charged with a crime based on evidence developed by Chicago police officers.
Illinois – Illinois House Panel Ends Probe of Powerful Speaker Madigan
Associated Press News – John O’Connor | Published: 12/15/2020
An Illinois House committee ended its consideration of a breach of trust claim against Speaker Michael Madigan, voting down further proceedings that could have led to discipline against the powerful Democrat. House Republican Leader Jim Durkin last summer filed documents seeking a charge of conduct unbecoming a legislator against Madigan after federal prosecutors implicated the longtime leader in a bribery scheme involving Commonwealth Edison. Madigan has been speaker for all but two of the past 37 years and is the longest-serving leader of any legislative body in American history.
Kansas – Supreme Court Won’t Revive Kansas Voter Registration ID Law
Associated Press News – Staff | Published: 12/14/2020
The U.S. Supreme Court rejected an appeal from Kansas that sought to revive a law requiring proof of citizenship to register to vote. A federal appeals court had declared the law unconstitutional. Kansas had been the only state to require people to show a physical document such as a birth certificate or passport when applying to register to vote. The issue is distinct from state laws that call for people to produce driver licenses or other photo IDs to cast a vote in person. The law was championed by former Kansas Secretary of State Kris Kobach, who was a leading source for Trump’s unsubstantiated claim that millions of immigrants living in the U.S. illegally may have voted in the 2016 election.
Kentucky – Executive Gets One Year in State Prison for Campaign Case Linked to Lexington Council
Lexington Herald-Leader – Beth Musgrave | Published: 12/14/2020
A former real estate executive was sentenced to a year in state prison after pleading guilty to 16 counts of campaign finance violations related to the May 2018 Lexington council primary. Timothy Wellman, a former CRM Companies executive, pleaded guilty in October. Federal prosecutors say Wellman circumvented Kentucky campaign finance limits prohibiting individuals from donating more than $2,000 to a candidate by using more than a dozen straw contributors and then reimbursing them. During the federal trial, Wellman was accused of asking those straw contributors to lie to the FBI or a federal grand jury about those campaign donations.
Maine – A Maine Legislature Changed by the Pandemic Could Challenge Lobbyists in 2021
Bangor Daily News – Caitlin Andrews | Published: 12/10/2020
Lobbyists in Maine always try to get to know lawmakers when a new legislative session starts, but the coronavirus pandemic may alter how relationships are built and negotiations handled as the 2021 session set to begin in earnest this January looks like it will take place more on Zoom and less in the statehouse. Details are still being worked out, but the Augusta Civic Center is likely to serve as the main site of business. The statehouse has been closed to anyone who is not a lawmaker, staffer, delivery or contract worker, or reporter since the pandemic hit. Lawmakers approved an order allowing committees to cast votes and the public to participate in meetings electronically, giving them more flexibility.
Michigan – Michigan AG Reviewing Whether Lawmakers Can Lobby Out of State
Detroit News – Craig Mauger | Published: 12/9/2020
The Michigan attorney general’s office is reviewing whether legislators serving in the state can legally be registered lobbyists outside its borders. It was reported in November that Rep. Rebekah Warren had been hired by the interest group National Popular Vote and filed a lobbying disclosure on behalf of the organization in Pennsylvania. She is also registered to lobby in North Carolina. State law bans lawmakers and other state officials from accepting pay for “personally engaging in lobbying.” But it is unclear whether that prohibition refers specifically to only lobbying in Michigan, which is what the rest of the law is focused on.
New Mexico – Ethics Panel Files Lawsuit Seeking Disclosure of Group’s Donors
Albuquerque Journal – Dan Boyd | Published: 12/11/2020
The New Mexico Ethics Commission filed a lawsuit aimed at forcing a group that spent more than $130,000 on political advertisements in Democratic legislative primary election races to disclose its donors. The lawsuit, the first of its kind filed by the commission since its creation this year, could be a test case for a law amended in 2019 that requires more “dark money” disclosure for election-related expenditures. The Council for a Competitive New Mexico has argued its donors do not have to be disclosed since their donations do not meet the state’s definition of a contribution.
New York – First Ruling Goes Against Ranked-Choice Voting Opponents
City and State – Rebecca Lewis | Published: 12/16/2020
A lawsuit to delay ranked-choice voting in New York City hit its first roadblock: the state judge in the case has denied a request for a temporary restraining order. The ruling could be a death knell for the lawsuit, which would result in ranked-choice voting proceeding unimpeded next year, even as the plaintiffs continue to fight. Judge Carol Edmead denied a request from a half-dozen city council members and several community groups seeking a temporary restraining order to stop ranked-choice voting from being used in the upcoming special election to replace former council Member Rory Lancman. Scheduled for February 2, it would be the first election in the city to use the new system approved by voters in 2019.
New York – Judge Orders Trump Organization to Give More Records to N.Y. Attorney General
MSN – Shayna Jacobs (Washington Post) | Published: 12/15/2020
A state judge dealt a loss to the Trump Organization, ordering the president’s company to turn over records related to a controversial property that is the subject of a civil investigation by the New York attorney general’s office. The documents and communications at issue could help investigators answer questions about a conservation easement that was granted several years ago at the Seven Springs estate in New York’s Westchester Country, a move that netted President Trump’s company a $21 million tax deduction. The materials, which Trump’s lawyers had sought to shield, include messages exchanged between an engineer and a land-use lawyer who worked on Trump’s behalf.
New York – Many New York Judges Spend Their Way Toward Seats on the Bench. And It’s Perfectly Legal
The City – Sam Mellins (New York Focus) | Published: 12/10/2020
Of the 24 judges elected to the New York Supreme Court this year, 20 have donated to the county party organizations that nominated them or to the politicians who lead those organizations. The contributions reflect a political climate in which party leaders, far more than voters, determine who obtains Supreme Court seats, a nominally elected position. By the time voters select Supreme Court judges in November, the real decisions have usually already been made the previous summer, when county Democratic Party organizations select the nominees.
New York – ‘Simply No Truth to These Claims’: Gov. Cuomo’s office denies former aide’s sexual harassment allegation
USA Today – Matthew Brown | Published: 12/13/2020
New York Gov. Andrew Cuomo has been accused of sexual harassment by a former development aide who is now running for office in New York City. Lindsey Boylan wrote on Twitter that Cuomo “sexually harassed me for years. Many saw it, and watched.” Boylan is currently running to be Manhattan borough president. Personnel memos written in 2018 indicate Boylan resigned from Cuomo’s administration after she was confronted about complaints about her own office behavior.
Ohio – Councilwoman Sundermann Proposes Charter Amendment, Says ‘We Must Rebuild Trust in Our City Government.’
MSN – Sharon Coolidge (Cincinnati Enquirer) | Published: 12/15/2020
Cincinnati City Councilperson Betsy Sundermann put forward a charter amendment that would allow the city to suspend a council member if that person is indicted and to remove them if convicted. The current charter does not address what should happen in the event a council member gets in trouble, as happened this year with the arrest of three members on federal bribery charges. It was Ohio Attorney General Dave Yost who sought and won temporary suspensions of Jeff Pastor and P.G. Sittenfeld. Both accepted suspensions and are fighting charges brought against them.
Ohio – Governor Was Warned of Would-Be Regulator’s Ties to Utility
Associated Press News – Mark Gillespie and Julie Carr Smyth | Published: 12/9/2020
Ohio Gov. Mike DeWine disregarded cries of alarm in 2019 from consumer and environmental advocates, concerns echoed in a previously undisclosed last-minute plea from GOP insiders, when he was selecting the state’s top utility regulator, a man now under scrutiny as a wide-ranging bribery and corruption investigation roils the state. Nearly two years later, the Republican governor continues to defend his choice of Samuel Randazzo as the powerful chairperson of the Public Utilities Commission of Ohio, and many of those early critics insist it was a mistake to dismiss their concerns.
Rhode Island – R.I. Political Operative Jeff Britt Cleared of Charges in Money Laundering Trial
MSN – Edward Fitzpatrick and Dan McGowan (Boston Globe) | Published: 12/16/2020
Superior Court Judge Daniel Procaccini found Jeffrey Britt not guilty of money laundering or violating campaign finance laws. The decision capped off the high-profile trial tied to outgoing Rhode Island House Speaker Nicholas Mattiello’s 2016 re-election campaign, which he won by 85 votes over Steve Frias. Britt worked for Mattiello as a political adviser. Britt was accused of illegally paying for a pro-Mattiello campaign mailer from Frias’s one-time Republican opponent Shawna Lawton by funneling money through two other people. Procaccini called Rhode Island’s money laundering law “constitutionally deficient,” and questioned the credibility of the witnesses who testified against Britt.
Tennessee – Knox County Won’t Kill Ethics Committee, But Could Change Its Rules to Prevent Smears
Knoxville News Sentinel – Tyler Whetstone | Published: 12/14/2020
The Knox County Ethics Committee will not be eliminated, though some of its bylaws could be changed. A group of commissioners had discussed the possibility of doing away with the ethics committee. Any chance of that happening, however, was dismissed during a meeting of the newly formed committee on committees, which was created to determine whether the county commission needs each of its committees. Instead, the committee asked the ethics panel, which is made up of appointed volunteers and a single commissioner, to discuss whether to require statute of limitations of 90 to 180 days on infractions, and whether to shield people running for office from complaints during the election.
Texas – Limited Capacity at Texas Capitol During 2021 Session Raises Transparency Concerns
KTAB – Maggie Glynn | Published: 12/15/2020
Texas still does not have an official plan for how the upcoming legislative session will operate during the pandemic. But the House of Representatives has outlined a framework for the opening ceremony, offering the first glimpse of how lawmakers will balance transparency with COVID-19 precautions. The House Administrative Committee’s plan will limit media and some guests to the galley, which sparked some concern about transparency if that process should continue through the session.
Washington – On the Legal Hot Seat, Tim Eyman Admits He Fibbed to Donors
Everett Herald – Jerry Cornfield | Published: 12/17/2020
Washington’s ubiquitous initiative promoter Tim Eyman got his chance to tell his version of events that are threatening his political career. Then, the state’s attorney set about taking apart his story and elicited a confession from Eyman that he does not always tell the truth when asking supporters for money. Eyman stands accused of using his initiative campaigns to enrich himself and violating state campaign finance laws. The civil trial stems from a 2017 lawsuit filed by Attorney General Bob Ferguson alleging Eyman failed to report shifting money donated for Initiative 1185, a tax-limiting measure, into the campaign for Initiative 517, which sought to modify the initiative and referendum process. Eyman served as an officer of committees for both initiatives.
Washington – Seattle City Council Votes to Require Registration, Disclosure by Public Lobbying Groups
Seattle Times – Daniel Beekman | Published: 12/14/2020
The Seattle City Council voted to require certain groups that spend money to build public pressure on politicians to register and disclose their finances. Recommended by the Seattle Ethics and Elections Commission, the new rules approved would apply to groups that spend at least $750 in a month (or $1,500 in three months) on “presenting a program to the public” to affect legislation. The individuals behind a group would need to identify themselves and their contractors, and the group would be required to identify its donors (for contributions of $25 or more). The organization also would be required to describe its purpose and would need to record its spending in monthly reports.
Washington DC – In First D.C. Election with Public Financing, Candidates and Donors Bumped Up Against Rules
Washington Post – Julie Zauzmer and Michael Brice-Saddler | Published: 12/15/2020
In the first year of public campaign financing in the District of Columbia, Washingtonians made enough small-dollar donations to generate $3.4?million in taxpayer funding, fueling campaigns for several well-known politicians and many newcomers. The candidates, in turn, spent that money on everything from takeout food to branded masks and more. To participate in the Fair Elections Program, candidates had to follow more-stringent rules on donations and expenditures than their competitors who opted out of public financing. One requirement is candidates not pay themselves or any family members, except for reimbursing themselves for out-of-pocket campaign expenditures.
Wisconsin – Path from Legislature to Lobbyist Well Traveled
Beloit Daily News – Steven Walters (WisconsinEye) | Published: 12/15/2020
Of the 708 registered lobbyists in Wisconsin, about 100 are former state legislators or Capitol aides. Why does the Legislature-to-lobbying door swing so often? Lawmakers, especially those who had leadership positions, sell the personal relationships they built up in the Capitol to prospective clients or statewide trade and industry organizations. Legislators, now paid $52,000 a year, can make many times that as lobbyists or corporate executives.
Wisconsin – Wisconsin Supreme Court Tosses Trump Election Lawsuit
Associated Press News – Scott Bauer | Published: 12/14/2020
A narrowly divided Wisconsin Supreme Court rejected President Trump’s lawsuit attempting to overturn his election loss in the battleground state about an hour before the Electoral College cast Wisconsin’s 10 votes for Joe Biden. In the ruling, the court’s three liberal justices were joined by conservative Justice Brian Hagedorn who said three of Trump’s four claims were filed too late and the other was without merit. The ruling ends Trump’s legal challenges in state court. The president sought to have more than 221,000 ballots disqualified in Dane and Milwaukee counties, the state’s two most heavily Democratic counties. Those were the only counties where Trump sought a recount, even though he lost statewide by about 21,000 votes.
December 11, 2020 •
News You Can Use Digest – December 11, 2020
National/Federal Barr Taps Durham as Special Counsel, Pushing Probe into Biden Era Politico – Kyle Cheney and Josh Gerstein | Published: 12/1/2020 Attorney General William Barr appointed U.S. attorney John Durham as a special counsel to investigate the origins of the […]
National/Federal
Barr Taps Durham as Special Counsel, Pushing Probe into Biden Era
Politico – Kyle Cheney and Josh Gerstein | Published: 12/1/2020
Attorney General William Barr appointed U.S. attorney John Durham as a special counsel to investigate the origins of the FBI’s probe of Russian interference in the 2016 election. The appointment formalizes Durham’s ongoing probe but more significantly, would give Durham latitude to continue the politically explosive investigation after President-elect Joe Biden takes office in January. Democrats have long viewed Durham’s efforts as political payback by President Trump and his allies, seeking to deflect from evidence the Trump campaign capitalized on the Kremlin’s efforts.
Biden’s Choice for Pentagon Faces Questions on Ties to Contractors
New York Times – Eric Lipton, Kenneth Vogel, and Michael LaForgia | Published: 12/8/2020
Raytheon Technologies makes fighter jet engines, weapons, high-tech sensors, and dozens of other military products. Retired Gen. Lloyd Austin III of the Army, a member of Raytheon’s board, has been named by President-elect Joe Biden to be the next secretary of defense. Raytheon is not Austin’s only link to military contractors. He has also been a partner in an investment firm that has been buying small defense firms. The decision to nominate Austin has drawn a new wave of questions about the corporate ties of people Biden is choosing for his administration. Those ties are especially relevant when it comes to the Pentagon, which spends hundreds of billions of dollars every year on weapons and other supplies.
Conservative Nonprofit Group Challenging Election Results Around the Country Has Tie to Trump Legal Adviser Jenna Ellis
MSN – John Swain, Rosalind Helderman, Josh Dawsey, and Tom Hamburger (Washington Post) | Published: 12/7/2020
A conservative legal organization that has filed lawsuits challenging the election results in five states has a tie to President Trump’s legal team, raising questions about the independence of what has appeared to be an endeavor separate from the president’s last-gasp legal maneuvering. Senior Trump campaign legal adviser Jenna Ellis serves as special counsel to the Thomas More Society, which has filed lawsuits through the newly formed Amistad Project alleging problems with the vote in Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin. Her affiliation with the organization, as well as other links between Trump’s team and the conservative group, suggest a coordinated effort to flood the nation’s courts with repetitive litigation that allows the president to claim the election results remain contested.
Could Trump Pardon Family Members and Other Close Associates? His Prior Pardons May Set the Stage for More
USA Today – David Jackson, John Fritze, and Kevin Johnson | Published: 12/4/2020
As President Trump weighs granting pardons to close associates – and perhaps family members and even himself – experts said he may not pay much of a political price, no matter whom the recipients are. The number of pardons with a political sheen that Trump has signed, along with the unorthodox way he has wielded the power, may have desensitized the public to the issue. The reaction to former national security advisor Michael Flynn’s pardon, though muted, underscored the president’s broad clemency powers are increasingly viewed, like much else, along partisan lines: Democrats express outrage, and supporters of Trump cheer. That division, several experts said, may partly explain why some Americans shrug their shoulders.
EU Lobby Register Falls Short of Transparency Demands
Politico – Cristina Gonzalez | Published: 12/8/2020
It was hailed as a victory when negotiators from the European Parliament, Commission, and the Council found compromise on establishing a joint mandatory lobby register, but the definition of “mandatory” remains to be seen. The provisional agreement, which must still be approved by the respective institutions, sets out to make it compulsory for lobbyists to be registered in the European Union’s Transparency Register to carry out certain activities like meeting with top officials. But there is nothing explicitly mandatory in the compromise text. Instead, it gives each institution the license to individually interpret what it means, “and to define the activities that they decide to make conditional upon registration in the register,” the compromise reads. Now, each institution must outline its view in a forthcoming joint political statement.
GOP Women’s Record-Breaking Success Reflects Party’s Major Shift on Recruiting and Supporting Female Candidates
Washington Post – Rachael Bade | Published: 12/7/2020
There are 17 newly elected Republican women who will give the party a record number of female lawmakers in Congress, the results of a successful strategy of recruiting and supporting women running for office. Of the 13 Democratic incumbents who lost their seats on election night, Republican women were responsible for defeating 10. In January, Republicans will welcome their most ethnically diverse and gender-diverse freshman class in history as women and lawmakers of color join their predominantly White and male ranks. The recruitment effort behind their success reflects a major shift.
Justice Department’s Interest in Hunter Biden Covered More than Taxes
Politico – Ben Schreckinger | Published: 12/9/2020
The federal investigation into President-elect Joe Biden’s son has been more extensive than a statement from Hunter Biden indicates, according to a person with firsthand knowledge of the probe. Hunter Biden said he had been contacted about a tax investigation out of the U.S. attorney’s office in Delaware. The securities fraud unit in the Southern District of New York also scrutinized Hunter Biden’s finances, according to the source. The person said as of early last year, investigators in Delaware and Washington, D.C. were probing potential money laundering and Hunter Biden’s foreign ties. In addition to the probe into Hunter Biden, federal authorities in Pennsylvania are conducting a criminal investigation of a hospital business in which Joe Biden’s brother James was involved.
Murdoch’s Son and Daughter-in-Law Spent Millions on Progressive Causes in 2020 Cycle
Center for Responsive Politics – Ollie Gratzinger | Published: 12/4/2020
The Murdoch name has come to be associated largely with right-leaning politics, as Rupert Murdoch, the media mogul who owns Fox News and other outlets spanning three continents, has built a family dynasty based largely on conservatism. But Kathryn and James Murdoch, daughter-in-law and youngest son of the news tycoon, are forging a new reputation for the Murdoch name, contributing heavily this cycle to progressive political groups, including super PACs supporting President-elect Joe Biden. James Murdoch resigned from his position at Fox last July over “disagreements over certain editorial content.”
Neera Tanden, Biden’s Pick for Budget Chief, Runs a Think Tank Backed by Corporate and Foreign Interests
MSN – Yeganeh Torbati and Beth Reinhard (Washington Post) | Published: 12/5/2020
Now that President-elect Joe Biden picked Neera Tanden to run the Office of Management and Budget, her ties to some of the most powerful players in the U.S. economy are drawing scrutiny from advocates for accountability in government. Tanden would have a hand in policies that touch every part of the economy after years spent courting corporate and foreign donors at the think tank Center for American Progress. Between 2014 and 2019, the center received at least $33 million in donations from firms in the financial sector, private foundations primarily funded by wealth earned on Wall Street. Critics also argued the hundreds of hours of relationship-building that goes into securing large donations from corporations and wealthy people give private interests the opportunity to influence the views of Tanden and others in her position.
Senate Restores FEC as Agency Confronts Massive Backlog of Cases
Center for Responsive Politics – Karl Evers-Hillstrom | Published: 12/9/2020
The U.S. Senate confirmed three new members of the FEC, giving the campaign finance regulator a full slate of six commissioners for the first time since February 2017. Senators confirmed Sean Cooksey, Allen Dickerson, and Shana Broussard, who will be the agency’s first Black commissioner in its 45-year history. The FEC faces a backlog of 388 enforcement cases. Broussard said during a Senate Rules Committee meeting that she would prioritize addressing important cases set to expire due to the agency’s statute of limitations. Commissioners are also tasked with changing outdated rules.
Steakhouses, Hill Bars and Ski Trips: GOP carries on amid the pandemic
Politico – Sarah Ferris, Melanie Zanona, and Daniel Lippman | Published: 12/7/2020
It is not just the White House flouting pandemic rules to mark Washington, D.C.’s schmooziest season. Some corners of the GOP, including members of Congress, are refusing to let the coronavirus intrude on their holiday gatherings and in-person fundraisers, whether it is on the slopes of Utah or in the steakhouses of Washington. Meanwhile, discussions are underway about holding the Conservative Political Action Conference in person early next year. The event planning comes as the nation is battered by another surge in coronavirus cases, prompting a fresh round of warnings from public health experts to avoid group settings, particularly indoors. And it underscores the resistance by many in the GOP, led by President Trump, to adjust to the new normal of the pandemic.
Supreme Court Denies Trump Allies’ Bid to Overturn Pennsylvania Election Results
MSN – Robert Barnes and Elise Viebeck (Washington Post) | Published: 12/8/2020
The U.S. Supreme Court denied a last-minute attempt by President Trump’s allies to overturn the election results in Pennsylvania, a blow to the president’s continuing efforts to reverse his loss to Joe Biden. The court’s brief order denying a requested injunction provided no reasoning, nor did it note any dissenting votes. It was the first request to delay or overturn the results of the presidential election to reach the court. The lawsuit was part of a blizzard of litigation and personal interventions Trump and his lawyers have waged to overturn victories by Biden in a handful of key states. Texas Attorney General Ken Paxton filed a sweeping complaint that asked the court to overturn Biden’s wins in the swing states of Pennsylvania, Michigan, Wisconsin, and Georgia.
Women Make Record-Breaking Gains Across State Legislatures
The Hill – Julia Manchester | Published: 12/8/2020
Women broke barriers in state Legislature races across the country in November, with a record number of women from both parties winning their races at the state level. According to the Center for American Women and Politics at Rutgers University, women will hold more than 30 percent of seats in state Legislatures for the first time in American history. The gains women made at the state level this cycle appeared to have reflected the record gains women made at the federal level as well. For Republicans, this marks an improvement for a party that has struggled to recruit women to its ranks.
Canada
Canada – ‘Loophole’ in Civic Election Act Breeds Unfairness and Financial Secrecy, Experts Say
CBC – Angela King | Published: 12/5/2020
A section of Ontario’s Municipal Elections Act creates an unequal playing field, undermines transparency, and should be changed, election experts say. Concerns have been raised about a part of the legislation that allows a corporation to pay an employee while volunteering for a political campaign after a Toronto man revealed he was paid by a lobbying firm to help campaign for candidates in the 2018 civic election. Kevin Haynes said he felt like an “election hitman” when he was paid $20 per hour in cash by a major lobbying group to knock on doors for nine candidates, seven of whom won.
From the States and Municipalities
Alaska – FBI Questions Alaska Lawmakers on Topics Including Permanent Fund Dividend Votes
Anchorage Daily News – James Brooks | Published: 12/8/2020
The FBI has interviewed or sought to question at least 11 Alaska legislators this year, asking in at least some of the interviews whether any lawmakers received a financial benefit in exchange for their vote on the Permanent Fund dividend. Not all interviewed lawmakers would say what they were asked about, and it is not clear what the FBI is searching for. An interview may not mean a legislator is under investigation – several lawmakers said the FBI told them during the interviews that they were not personally under investigation. Uncertainty over the motive for the interviews is roiling lawmakers, particularly in the Senate, where Republicans are attempting to form a majority government.
Arizona – Arizona Legislature Shuts Down after Rudy Giuliani Possibly Exposed Lawmakers to COVID-19
MSN – Maria Polletta (Arizona Republic) | Published: 12/6/2020
The Arizona Legislature closed for a week “out of an abundance of caution” after Rudy Giuliani, President Trump’s personal attorney, possibly exposed several Republican lawmakers to COVID-19. Giuliani tested positive for the virus on December 6, less than a week after he visited Arizona as part of a multistate tour aimed at contesting 2020 election results. Giuliani had spent more than 10 hours discussing election concerns with Arizona Republicans, including two members of Congress and at least 13 current and future state lawmakers. He led the meeting maskless, flouting social distancing guidelines, and posing for photos.
Arizona – Judge Dismisses Dem Lawsuit Challenging Independent Redistricting Candidates
Arizona Mirror – Jeremy Duda | Published: 12/7/2020
Democratic legislative leaders’ lawsuit to disqualify two of the five finalists for independent chair of the state’s next redistricting commission fell flat after Maricopa County Superior Court Judge Janice Crawford ruled the disputed applicants did not violate the criteria set out in the Arizona Constitution. Crawford ruled Thomas Loquvam, an attorney for the utility company EPCOR, does not violate the constitution’s prohibition on lobbyists serving on the Independent Redistricting Commission, and gun store owner Robert Wilson meets the qualifications to serve as an independent.
California – L.A. Fines Former City Official, Company $45,000 for Lobbying Violations
MyNewsLA.com – Staff | Published: 12/8/2020
The Los Angeles Ethics Commission imposed a fine of $45,000 on Daniel Ahadian and nur Corporation for violating city lobbying laws. Ahadian is a former city official who worked with the Planning Department, and the sole owner of nur, a planning and land use consulting firm. Ahadian and nur admitted failing to register as lobbying entities and file quarterly disclosure reports from the first quarter of 2018 through the fourth quarter of 2019. Lobbying entities are required to register with the Ethics Commission and report their activities on a quarterly basis to help the public identify who is attempting to influence city action.
California – L.A.’s Ethics Commission Gets a New Boss: A 29-year employee of the watchdog agency
Yahoo News – Dakota Smith (Los Angeles Times) | Published: 12/8/2020
David Tristan, deputy executive director of the Los Angeles City Ethics Commission, was named as the new executive director of the commission, replacing Heather Holt, who faces term limits. Commissioner Jeff Daar cited Tristan’s decades of experience at the agency. “Obviously, he has a passion for the mission of the Ethics Commission,” Daar said. Rob Quan, an organizer with Unrig LA, a good-government advocacy group, described Tristan as extremely responsive. He described how advocates have called Tristan over the years to discuss a variety of topics, including campaign filings and broken links on the commission website.
California – Real Estate Developer Pleads Guilty in Sprawling L.A. Campaign Money Laundering Case
Los Angeles Times – David Zahniser and Emily Alpert Reyes | Published: 12/3/2020
Businessperson Samuel Leung pleaded guilty to one count of conspiracy to commit campaign money laundering, admitting he took part in a scheme to reimburse campaign donors between January 2009 and February 2015 – just as his apartment project was being reviewed and approved at Los Angeles City Hall. State law prohibits donors from making political contributions in the name of another person. The guilty plea came more than four years after a Los Angeles Times investigation revealed a sprawling network of more than 100 people and companies with direct or indirect ties to Leung made political donations totaling more than $600,000 while Leung’s project was under review. The project was approved in 2015.
Connecticut – Audit Finds Lax Oversight of Public Campaign Financing
CT Examiner – Emilia Otte | Published: 12/3/2020
For the last nine years, the State Election Enforcement Commission (SEEC) has failed to report the use of grant money financing candidates running for the Connecticut General Assembly, according to a recent audit. The SEEC is responsible for the Citizen’s Election Program, which gives grant money to campaigns for state Senate or House through the Citizen’s Election Fund, a pool of money that comes from the sale of abandoned property. By law, the SEEC must report annually on the amount of money in the fund and the number of people who have contributed to it. The commission is also required to present an analysis each cycle to the General Assembly of the amount of grant money issued, how campaigns have spent the money, and how much leftover money was returned to the fund.
Florida – Disgraced Republican Lawmaker Planted No-Party Candidate in Key Senate Race, Sources Say
Miami Herald – Ana Ceballos and Samantha Gross | Published: 12/3/2020
As the results for a key Florida Senate race appeared on television screens in an Irish pub, former Sen. Frank Artiles boasted he planted a no-party candidate in the race, which Republican Ileana Garcia won by 32 votes over incumbent Jose Javier Rodriguez. “That is me, that was all me,” Artiles boasted to a crowd at Liam Fitzpatrick’s restaurant, according to a person who was there. Artiles recruited Alexis (Alex) Rodriguez, a longtime acquaintance. The no-party candidate with the same surname as the incumbent Democrat had been a registered Republican until just before his qualifying papers were filed to make him a Senate candidate. Sources have indicated Artiles’ involvement in launching Rodriguez’s bid was extensive.
Florida – Florida Police Raid House of Fired Data Scientist Who Alleged State Manipulated Covid-19 Stats
MSN – Reis Thebault (Washington Post) | Published: 12/7/2020
Florida police with guns drawn raided the home of an ousted health department data scientist, searching Rebekah Jones’ computer, phone, and other hardware that supports the coronavirus website she set up after accusing the state of manipulating its official numbers. Law enforcement officials allege Jones may have also used the devices to hack into a health department website to send an unauthorized message to Florida emergency personnel, urging them to speak out against the state’s pandemic response. After her dismissal, Jones launched her own data portal, advertising it as independent alternative to the state dashboard. Now, Jones says, the Florida Department of Law Enforcement’s raid is an attempt to silence her work.
Florida – Florida Voters Barred Ex-Lawmakers from Lobbying for 6 Years, but Revolving Door Still Swings
MSN – Gary Roher (Orlando Sentinel) | Published: 12/7/2020
The “revolving door” between government and lobbying firms in Florida was supposed to end after voters approved a constitutional amendment in 2018 banning elected officials and agency heads from lobbying for six years after leaving their posts. But that amendment does not take effect until the end of 2022, meaning the movement will continue for another two years. Since the November election, three Florida lawmakers have taken jobs as lobbyists, and one state agency director left her position in October to lead a trade group for an industry she used to regulate.
Georgia – Savannah Council Accepts Apology Kesha Gibson-Carter Says She Didn’t Make
Savannah Morning News – DeAnn Komanecky | Published: 12/9/2020
Savannah City Council members who filed ethics complaints against fellow Alderperson Kesha Gibson-Carter said they were ready to forgive the alderwoman. An ethics board found Gibson-Carter had violated the city’s ethics code. The three said they were ready to move forward instead of pushing for the only remedy available, a reprimand or censure, since Gibson-Carter had apologized privately to City Manager Michael Brown. Gibson-Carter is adamant she had not apologized to anyone, including the city manager, and had no intentions to do so.
Illinois – Ex-State Sen. Martin Sandoval, Snared in Political Corruption Investigation, Dies of Coronavirus: Attorney
Chicago Sun-Times – Jon Seidel, Mark Brown, and Mitchell Armentrout | Published: 12/5/2020
Former Illinois Sen. Martin Sandoval, who became a crucial figure in a series of ongoing public corruption investigations early this year when he admitted taking hundreds of thousands of dollars in bribes, has died from COVID-19. The Senate’s former Transportation Committee chair also agreed to “cooperate in any matter in which he is called upon” by federal prosecutors. In November, prosecutors told a judge that Sandoval had “provided valuable cooperation that is expected to last at least several more months.” Now, legal experts say Sandoval’s death has the potential to complicate the aggressive probe of Illinois politics.
Iowa – Iowa’s Contact-Tracing Firm Helped Trump, Reynolds Campaigns
Associated Press News – Ryan Foley | Published: 12/4/2020
After facing a workforce shortage for months, Iowa awarded an emergency $2.3 million contact-tracing contract to a company that has worked for the campaigns of President Trump and Gov. Kim Reynolds and is owned by a Republican insider. The Iowa Department of Public Health selected MCI for the two-month contract out of 14 applicants, saying it submitted the best proposal and its political connections were not considered. MCI is owned by GOP donor Anthony Marlowe, who has boasted it played a key role in Trump’s 2016 victory and was among the state’s top backers of Trump’s reelection bid.
Kentucky – Woman Faces 3 Counts of Lying to FBI, Jury in Bribery Case Tied to Lexington Council
Lexington Herald-Leader – Beth Musgrave | Published: 12/4/2020
A Kentucky woman was indicted by a federal grand jury for lying to the FBI and making false statements about campaign contributions to Lexington council members during the investigation trial of a former real estate executive. Elizabeth Stormbringer was charged with three counts related to lying about whether she was reimbursed by former CRM Executive Timothy Wellman for campaign contributions she made to Lexington council members in 2018. Wellman had a project the council would consider. He was found guilty on 11 charges relating to obstructing a federal investigation into illegal contributions.
Michigan – ‘Unambiguous, Loud and Threatening’: Trump supporters protest at home of Michigan Secretary of State Jocelyn Benson
USA Today – Miriam Marini (Detroit Free Press) | Published: 12/6/2020
Dozens of protesters gathered in front of Michigan Secretary of State Jocelyn Benson’s home recently, shouting through megaphones against the certification of the election and demanding a forensic audit. A portion of the demonstration was broadcast live on Facebook. The protesters are seen walking up to Benson’s home, some wearing President Donald Trump paraphernalia and carrying American flags. Throughout the election, Trump circulated false conspiracies about election fraud in Michigan. Benson said the protesters gathered in front of her home as she and her four-year-old son were finishing putting up Christmas decorations, just when the two were preparing to watch “How the Grinch Stole Christmas.”
Missouri – Medical Marijuana Subpoena May Have Been Connected to Independence FBI Probe
Columbia News Tribune – Jason Hancock (Missouri Independence) | Published: 12/7/2020
Lyndall Fraker, director of medical marijuana regulation at the Missouri Department of Health and Seniors Services, testified a grand jury subpoena his agency received was likely connected to an FBI investigation in Independence. The revelation is the first indication of the target of the federal subpoena. The FBI questioned officials in Independence about a pair of contracts issued by the city council. One called for the city to pay a company $9.75 million to tear down a power plant. The bid was more than twice that of the other bidder. The other contract called for the city to pay nearly $1 million to purchase a golf club to build a solar farm with Gardner Capital. Days before the vote, PACs funded by Gardner made four $2,500 donations to Independence Mayor Eileen Weir, who has denied the donations were connected to her vote to endorse the project.
Nevada – Nevada Supreme Court Rejects Trump Campaign’s Appeal to Overturn Biden’s Win
MSN – Timothy Bella (Washington Post) | Published: 12/9/2020
The Nevada Supreme Court unanimously rejected an appeal from President Trump’s campaign to overturn the state’s election results, the latest loss in the president’s ongoing legal efforts to have states he did not win declare him victorious. The decision from the court came after a lower court gave a full-scale ruling against the Trump campaign’s efforts in the state. Nevada District Court Judge James Russell ruled there was no evidence supporting the claims of fraud and wrongdoing made by the campaign in a state that President-elect Joe Biden won by more than 33,000 votes.
New York – Election Reformers Love Ranked-Choice Voting, but NYC Immigrants See Doom
Courthouse News Service – Nina Pullano | Published: 12/9/2020
Some of New York City’s multinational communities say they are being left behind in the Board of Elections’ plans to implement ranked-choice voting, a system that lets voters choose multiple candidates in order of preference. These groups teamed up with local politicians in a complaint that asks a court to block the change. The complaint accuses the elections board of violating city charter requirements to implement ranked-choice voting in a timely manner, while also contending that the city’s software is not up to snuff and changes of this nature should not be contemplated during the Covid-19 pandemic. Paired with a failure to educate people on ranked-choice voting, the BLA Caucus says New Yorkers of color, seniors, and those who speak limited English are among 5 million voters in danger of disenfranchisement.
Ohio – Householder Dark Money Group Reputedly Broke Deal with AEP-Backed Nonprofit to Fund
MSN – Randy Ludlow and Marc Kovac (Columbus Dispatch) | Published: 12/5/2020
A board member of an American Electric Power-funded nonprofit said a separate group central in the nuclear plant bailout scandal appears to have used grants, including $550,000 newly disclosed in tax filings, for political purposes in violation of its agreement. J.B. Hadden, an attorney who serves on the board of Empowering Ohio’s Economy Inc., said the nonprofit’s grant agreement with Generation Now required the funding be used in compliance with IRS laws and for social welfare purposes only. Part of the agreement with Generation Now stated the money was not to be used “in furtherance of any political or campaign intervention activities.
Ohio – P.G. Sittenfeld Accepts Suspension from Cincinnati City Council After Arrest on Bribery Charges
MSN – Sharon Coolidge (Cincinnati Enquirer) | Published: 12/7/2020
Cincinnati City Councilperson P.G. Sittenfeld accepted a suspension from his seat, a process initiated by Ohio Attorney General Dave Yost after Sittenfeld was arrested on federal bribery charges. Sittenfeld is one of three council members arrested and accused of “pay-to-play” schemes this year and the second member of council to accept a state suspension, which bars them from working, but allows them to collect their salary. The city charter does not address what happens in the event an elected official is arrested or convicted on charges of corruption, something that would directly affect their ability to do their job. But state law allows for the suspension of an elected official in the event of an arrest.
Ohio – Should an Ex-FirstEnergy Lobbyist Lead the Hunt for Ohio’s Next Utility Regulator? Consumer Advocate Asks
MSN – Jessie Balmert (Cincinnati Enquirer) | Published: 12/3/2020
Consumer advocates question whether a former FirstEnergy lobbyist should lead the effort to replace ex-Public Utilities Commission of Ohio Chairperson Sam Randazzo, who resigned after the FBI searched his property and a filing implied he received $4 million to terminate “a purported consulting agreement” with FirstEnergy. A nominating council is led by Michael Koren, a former FirstEnergy lobbyist. Koren lobbied for the company when House Bill 6 to subsidize FirstEnergy’s nuclear plants in Ohio was introduced. The bill is at the heart of a corruption scandal allegedly involving FirstEnergy.
Pennsylvania – Firm Ran Pa. Senator’s Campaign and Worked with Super PAC to Attack Opponent, but Denies Coordination
Spotlight PA – Sam Janesch (The Caucus) and Angela Couloumbis | Published: 12/8/2020
In the closing days of this year’s election, an ad attacking Democrat George Scott appeared in his race for the Pennsylvania Senate against incumbent John DiSanto, which was paid for by the Republican State Leadership Committee (RSLC). Direct coordination between groups like the RSLC, which run super PACs, and campaigns is forbidden. To create the ad, the group turned to a middleman, the same firm running DiSanto’s campaign: Red Maverick Media, headed by strategist Ray Zaborney. No one has accused Zaborney’s firm or RSLC of wrongdoing. But watchdogs and campaign finance experts said the arrangement is another example of how weak state and federal campaign finance rules, combined with meager oversight, create gray areas and loopholes.
Pennsylvania – Trump Asks Pennsylvania House Speaker for Help Overturning Election Results, Personally Intervening in a Third State
MSN – Amy Gardner, Josh Dawsey, and Rachael Bade (Washington Post) | Published: 12/7/2020
President Trump called the speaker of the Pennsylvania House twice to make an extraordinary request for help reversing his loss in the state, reflecting a broadening pressure campaign by the president and his allies to try to subvert the 2020 election result. The president’s outreach to Pennsylvania’s Republican House leader came after his campaign and its allies decisively lost numerous legal challenges in the state in both state and federal court. Trump has continued to press his baseless claims of widespread voting irregularities both publicly and privately.
Tennessee – Rutherford Mayor Bill Ketron Faces Audit Hearings on Campaign Finance Violation Accusations
MSN – Scott Broden (Murfreesboro Daily News Journal) | Published: 12/7/2020
Rutherford County Mayor Bill Ketron will face audit hearings in 2021 on campaign finance accusations. The Tennessee Registry of Election Finance approved staff audits of Ketron’s state senate and Quest PAC accounts between January 2018 and July 2019. Another pending audit of Ketron’s mayoral campaign finance account is expected to be done by February. The registry issued subpoenas in 2019 while the mayor’s daughter, Kelsey Ketron, faced insurance fraud charges as part of an indictment pertaining to her job with the family-owned insurance company. Kelly Ketron served as treasurer during his campaigns, and indictments accused her of pocketing over $65,000 from her father’s political funds.
Texas – California-Based Independent Voter Project Hosts Trip to Hawaii for State Legislators, Raising Ethics Filing Probe
The Center Square – Bethany Blankley | Published: 12/9/2020
A California-based organization paid for roughly 100 legislators from four states, including Texas, to attend a four-day fundraising event in Hawaii. The Independent Voter Project (IVP) is a 501(c)3 organization created to “re-engage nonpartisan voters and promote nonpartisan election reforms through initiatives, litigation, and voter education.” Despite Hawaii’s stringent lockdown, IVP received special permission to hold a conference with more than the 12-person limit. The Dallas Morning News found that over the last three years of IVP hosting this trip, potential financial disclosure violations exist for Texas lawmakers who attended.
Texas – Texas Senate Affairs Committee Holds Hearing on Taxpayer-Funded Lobbying
The Center Square – Bethany Blankley | Published: 12/9/2020
Each year, local governments in Texas spend tens of millions of taxpayer dollars on lobbyists whose job it is to persuade state lawmakers to allow for bigger government. It is a practice some legislators say must end. The Senate Affairs Committee held a hearing on the issue of taxpayer-funded lobbying at the Capitol. State Sen. Bob Hall filed legislation to end the practice after a companion bill was filed in the House. Hall said at the meeting that taxpayer-funded lobbying has been used to work against taxpayers. Tom Forbes, president of the Professional Advocacy Association of Texas, said if the Legislature were to ban the practice next year, taxpayer-funded lobbying would continue, it just would not be as visible and would operate in the shadows.
Washington DC – Ivanka Trump Confirms She Was Questioned by the D.C. Attorney General’s Office Over Inaugural Committee Spending
MSN – Jacqueline Alemany and David Fahrenthold (Washington Post) | Published: 12/2/2020
Ivanka Trump said she was questioned for more than five hours by investigators from the District of Columbia attorney general’s office, which has accused President Trump’s Inaugural Committee of wasting donating money on an overpriced ballroom at the president’s hotel in the city. In early 2017, when the Inaugural Committee booked ballrooms at the hotel, that meant the president was effectively on both sides of the transaction: his committee paid his hotel, using donors’ money. Attorney General Karl Racine said the committee and the hotel took advantage of that arrangement.
December 4, 2020 •
News You Can Use Digest – December 4, 2020
National/Federal 12 Votes Separated These House Candidates. Then 55 Ballots Were Found. New York Times – Luis Ferré-Sadurní and Jessie McKinley | Published: 12/2/2020 After all the votes had been counted in a heated U.S. House rematch in Central New York, […]
National/Federal
12 Votes Separated These House Candidates. Then 55 Ballots Were Found.
New York Times – Luis Ferré-Sadurní and Jessie McKinley | Published: 12/2/2020
After all the votes had been counted in a heated U.S. House rematch in Central New York, only 12 votes separated Republican Claudia Tenney from U.S. Rep. Anthony Brindisi, a Democrat. But the razor-thin margin is far from the only reason the race is engulfed in chaos. There was the case of the missing Post-it notes, which had mysteriously fallen off a stack of disputed ballots, making it unclear whether they had been counted and why they had been challenged. The scandal has been christened “StickyGate” by local media. The other unresolved House race is an open seat in Iowa’s Second District, where Mariannette Miller-Meeks, a Republican, was recently certified the winner following a recount in which she led the Democrat, Rita Hart, by just six votes. Hart has indicated she intends to challenge the result.
2,596 Trades in One Term: Inside Senator Perdue’s stock portfolio
New York Times – Stephanie Saul, Kate Kelly, and Michael LaForgia | Published: 12/2/2020
Along with U.S. Kelly Loeffler, a fellow Georgia Republican, David Perdue faces an unusual runoff election in January. With control of the Senate at stake, and amid renewed concern about the potential for conflicts-of-interest in stock trading by members of Congress, Perdue’s investment activity, and especially his numerous well-timed trades, has increasingly come into the public glare. Data from Senate Stock Watcher, a website that aggregates publicly available information on lawmakers’ trading, shows the breadth of trades Perdue made in companies that stood to benefit from policy and spending matters that came not just before the Senate as a whole, but before the committees and subcommittees on which he served.
20 Days of Fantasy and Failure: Inside Trump’s quest to overturn the election
MSN – Philip Rucker, Ashley Parker, Josh Dawsey, and Amy Gardner (Washington Post) | Published: 11/28/2020
However clear-eyed President Trump’s aides may have been about his loss to Joe Biden, many of them nonetheless indulged their boss and encouraged him to keep fighting with legal appeals. The result was an election aftermath without precedent in U.S. history. With his denial of the outcome, despite a string of courtroom defeats, Trump endangered America’s democracy, threatened to undermine national security and public health, and duped millions of his supporters into believing, perhaps permanently, that Biden was elected illegitimately.
Criticized by Moderates and Pressured by Their Base, Liberals Fight for a Voice in the Democratic Party
MSN – Sean Sullivan and Rachael Bade (Washington Post) | Published: 11/29/2020
The left is toiling to exert their influence on a Democratic Party led by President-elect Joe Biden, an avowed centrist, and his moderate allies on Capitol Hill. After an election in which the country opted for a reset, not a revolution, moderate Democrats hold the power in the party. Many blame the polarizing themes championed by the left for the party’s shrunken House majority and Senate losses. This recrimination from party leaders, along with skepticism from some Biden allies, could limit liberals’ influence. But liberals offer a different take, arguing their base won Biden the White House. The shifting dynamics in the party have thrust the movement to a crossroad on the eve of the Biden presidency.
Disputing Trump, Barr Says No Widespread Election Fraud
Associated Press News – Michael Balsamo | Published: 12/1/2020
Attorney General William Barr said the Justice Department has not uncovered evidence of widespread voter fraud that would change the outcome of the 2020 presidential election. His comments come despite President Trump’s repeated baseless claims that the election was stolen, Trump’s effort to subvert the results of the 2020 presidential election, and his refusal to concede his loss to Joe Biden. Barr said U.S. attorneys and FBI agents have been working to follow up specific complaints and information they have received, but they have uncovered no evidence that would change the outcome of the election.
‘Mercenary’ Donor Sold Access for Millions in Foreign Money
Associated Press News – Alan Suderman and Jim Mustain | Published: 11/30/2020
Federal prosecutors say Imaad Zuberi’s life was built on a series of lies and the lucrative enterprise of funding American political campaigns and profiting from the resulting influence. They describe Zuberi as a “mercenary” campaign donor who gave to anyone, often using illegal straw donors, he thought could help him. “Pay-to-play,” he explained to clients, was just “how America work(s).” Zuberi’s story underscores how loosely regulated campaign finance and foreign lobbying laws are and raises an embarrassing question: how does such a cynical fraudster find favor with so many officials at the highest levels of the U.S. government? There are unanswered questions about Zuberi’s foreign entanglements and who benefited from his actions.
New Administration, House Turnover Raise Prospects for More Diversity on K Street
The Hill – Alex Gangitano | Published: 11/19/2020
Business groups in Washington, D.C. are hopeful the incoming Biden administration will prompt a round of hiring that will lead to more diversity on K Street. Diversity among lobbyists has been little changed over the past two years, but the arrival of a new administration and the departure of several House lawmakers increases the odds of more employment opportunities at trade associations, lobbying shops, and law firms. Congressional Democrats led the way on diversity in 2018, when a record number of women and minority lawmakers were elected to Congress. That was followed two years later by Republicans, with 17 GOP women elected to the House earlier this month. But those trends have not extended to K Street.
‘No Corporate PAC’ Pledges Hit Record in 2020, But May Face Uncertainty in 2022
Roll Call – Kate Ackley | Published: 12/2/2020
A record 155 incumbents and challengers vowed to reject corporate PAC money during the 2020 campaign for Congress. That stance helped attract small-dollar donations and generated enthusiasm among voters who favor a broad campaign finance overhaul. But many candidates lost anyway. Now, as Democrats face a 2022 midterm cycle in which, traditionally, the president’s party loses seats in the House, incumbents and future challengers are assessing whether the pledges pay off. On the other side, the PACs of companies continue to grapple with diminished clout partly due to contribution limits set long ago that do not budge for inflation. So, the future of such pledges, along with the influence of corporate PACs, remains uncertain.
NRA Reports Alleged Misspending by Current and Former Executives to IRS
MSN – Beth Reinhard and Carol Leonning (Washington Post) | Published: 11/26/2020
After years of denying allegations of lax financial oversight, the National Rifle Association (NRA) has made a stunning declaration in a new tax filing: current and former executives used the nonprofit group’s money for personal benefit and enrichment. The NRA said it continues to review the alleged abuse of funds, as the tax-exempt organization curtails services and runs up multimillion-dollar legal bills. The assertion of impropriety comes after the attorney general of New York state filed a lawsuit accusing NRA Chief Executive Wayne LaPierre and other top executives of using NRA funds for decades to provide inflated salaries and expense accounts.
Supreme Court Wary of Quick Ruling on Trump Drive to Exclude Many Immigrants from Census
Politico – Josh Gerstein and Zach Montellaro | Published: 11/30/2020
The U.S. Supreme Court seemed reluctant to issue an immediate, sweeping ruling on President Trump’s plans to exclude undocumented immigrants from the decennial census used to allocate House seats. During an oral argument session, there appeared to be few, if any, takers on the high court for Trump’s effort to leave all unlawful immigrants out of the critical count. Several of the court’s most conservative justices seemed skeptical of the constitutionality of the president’s move, but they expressed misgivings about ruling on that issue now when thorny questions about smaller groups of unlawful migrants could be just weeks away.
Trump Era Court Battles Weaken Congressional Power
Roll Call – Todd Ruger | Published: 12/1/2020
Congress will emerge from the Trump administration with weakened power to check a president or oversee the operation of the federal government, the most consequential fallout experts see for lawmakers after four years of nearly constant high-profile courtroom showdowns with a defiant president. Democratic lawmakers often had no other recourse than to go to court because of President Trump’s approach. Once there, lawmakers fell short or did not get what they sought, and it does not bode well for similar oversight efforts in administrations to come.
Trump Has Discussed with Advisers Pardons for His 3 Eldest Children and Giuliani
New York Times – Maggie Haberman and Michael Schmidt | Published: 12/1/2020
President Trump has discussed with advisers whether to grant pre-emptive pardons to his children, to his son-in-law, and to his personal lawyer Rudolph Giuliani, and talked with Giuliani about pardoning him as recently as last week, according to two people briefed on the matter. Trump has told others he is concerned that a Justice Department under President-elect Joe Biden might seek retribution against the president by targeting the oldest three of his five children – Donald Trump Jr., Eric Trump, and Ivanka Trump – as well as Jared Kushner, a White House senior adviser. The speculation about pardon activity at the White House is churning furiously, underscoring how much the Trump administration has been dominated by investigations and criminal prosecutions of people in the president’s orbit.
Trump Pardons Former National Security Adviser Michael Flynn, Who Pleaded Guilty to Lying to the FBI
Washington Post – Rosalind Helserman and Josh Dawsey | Published: 11/25/2020
President Trump pardoned his former national security adviser Michael Flynn, ending a three-year legal saga that included Flynn’s guilty plea for lying to the FBI, his later effort to withdraw that plea, and then a controversial decision by Attorney General William Barr to try to drop the case altogether. Trump’s move marks a full embrace of the retired general he had ousted from the White House after only 22 days on the job, and a final salvo against the Russia investigation that shadowed the first half of his term in office. The pardon for Flynn underlines how Trump has used his clemency power to benefit allies and well-connected offenders.
Trump Raises More Than $150 Million Appealing to False Election Claims
MSN – Josh Dawsey and Michelle Yee He Lee (Washington Post) | Published: 11/30/2020
President Trump’s political operation has raised more than $150 million since Election Day, using misleading appeals about the election to shatter fundraising records set during the campaign. The influx of political donations is one reason Trump and some allies are inclined to continue a legal onslaught and public affairs blitz focused on baseless claims of election fraud, even as their attempts have repeatedly failed in court and as key states continue to certify wins for President-elect Joe Biden. Much of the money raised since the election is likely to go into an account for the president to use on political activities after he leaves office.
Trump to Restart Foreign Deals, Breaking a Post-Presidency Norm
Politico – Anita Kumar | Published: 12/1/2020
President Trump’s namesake company plans to resume foreign real estate projects after he leaves office as it grapples with a tarnished brand in the United States and the need to pay off hundreds of millions of dollars of debt. The arrangement is already being criticized as one that could be used to pay back Trump for his policies as president or to influence U.S. policy through a former president – and possibly a future presidential candidate. Other former presidents have faced allegations they were monetizing the office with their post-presidency ventures, But Trump’s return to overseas deal-making as a private businessperson raises a new set of ethical issues no ex-president has ever confronted.
Canada
Canada – Lobbying Watchdog Says Three Cases Have Been Sent to RCMP for Criminal Investigation Since Start of Pandemic
National Post – Christopher Nardi | Published: 11/28/2020
The federal lobbying watchdog says she has referred three files to the Royal Canadian Mounted Police for criminal investigation since the beginning of the pandemic in a year that has seen a significant uptick in lobbying. Commissioner of Lobbying Nancy Bélanger was called to detail her office’s work as questions have swirled throughout the summer about the lobbying activities by WE Charity and the husband of Prime Minister Justin Trudeau’s chief of staff. Both have denied any wrongdoing. During her testimony, Bélanger said 2020 has been a busy year for lobbyists, particularly due to the COVID-19 pandemic.
From the States and Municipalities
Alabama – Mike Hubbard’s Prison Sentence Cut from 4 Years to 28 Months
AL.com – Associated Press | Published: 11/25/2020
Lee County Circuit Judge Jacob Walker slashed former Alabama House Speaker Mike Hubbard’s prison sentence from four years to 28 months, significantly reducing the time the once-powerful Republican will spend behind bars for an ethics conviction. Walker reduced Hubbard’s sentence at the request of defense attorneys after part of his conviction was overturned earlier this year. In his order, Walker noted Hubbard was convicted of 12 felonies when he handed down the four-year sentence, but that six counts were reversed on appeal.
Alaska – Junior Staffer Says Top Alaska Official Told Her to Keep Allegations of Misconduct Secret
ProPublica – Kyle Hopkins (Anchorage Daily News) | Published: 11/18/2020
Officials in the office of Alaska Gov. Mike Dunleavy, including his chief of staff, knew for months his appointed attorney general had sent unwelcome personal text messages to a staff member but told the woman to keep it quiet, the staffer said. The woman said Tara Fradley, the manager in the governor’s Anchorage office, helped her compose a text to then-Attorney General Kevin Clarkson asking him to stop inviting her to his home at night, something he had done at least 18 times. The woman also said Dunleavy’s chief of staff, Ben Stevens, became aware of the texts by April but no human resources investigators contacted her until two months later, after a whistleblower wrote an anonymous letter that was obtained by news organizations and by an attorney working on an effort to recall Dunleavy from office.
Alaska – Lawsuit Challenges Alaska’s New Ranked-Choice Voting Ballot Measure
Anchorage Daily News – James Brooks | Published: 12/1/2020
The Alaskan Independence Party, its chairperson, and two Anchorage residents are suing to overturn Ballot Measure 2, a sweeping election reform initiative approved in November that would install ranked-choice voting in Alaska’s general elections. The plaintiffs claim the measure would violate their rights “to free political association, free speech, right to petition, right to due process” and other rights guaranteed by the Alaska and U.S. constitutions. In addition to making Alaska the only state other than Maine using ranked elections for almost all contests, the ballot measure imposes new campaign finance disclosure requirements for legislative and local races.
California – Inglewood Caps Campaign Contributions at $100,000 to Avoid New State Law
Los Angeles Daily Breeze – Jason Henry | Published: 11/24/2020
Inglewood will not follow a new state law limiting local campaign contributions to $4,700, instead opting for a cap 21 times higher than what a state senator can accept from a single source. The Inglewood City Council voted unanimously to set the city’s donation limit at $100,000, one of the highest caps in the state. The city of roughly 110,000 residents previously had no limit, but a new state law taking effect in January forces cities and counties to adhere to the limits set for state legislators unless they establish their own law first.
California – Raymond Chan, Former L.A. Deputy Mayor, Charged in Federal City Hall Corruption Case
Los Angeles Times – David Zahniser and Joel Rubin | Published: 11/30/2020
Raymond Chan, a former Los Angeles deputy mayor, is the latest figure to be accused of playing a part in a scheme allegedly run by ousted city Councilperson Jose Huizar. Prosecutors say both men were involved in shaking down developers who sought help pushing real estate projects through the city’s approval process. Prosecutors also announced corruption charges against Wei Huang, chairperson of a Chinese real estate company, and developer Dae Yong Lee. The superseding indictment added new allegations, signaling the government’s intention to prosecute Chan, Huizar, and the two developers as a group. Chan is accused of an array of illegal activities, including arranging “indirect bribe payments” to city officials by securing employment contracts for the officials’ relatives.
California – San Francisco Public Utilities Commission GM Harlan Kelly Charged with Fraud as Part of Corruption Scheme
KPIX – Staff | Published: 11/30/2020
The FBI reportedly raided the home of Harlan Kelly, Jr. on the same day authorities announced he had been charged with honest services wire fraud. Following the charges, Kelly resigned from his post as general manager of the San Francisco Public Utilities Commission. Prosecutors say Kelly engaged in a long-running bribery scheme and corrupt partnership with construction executive and permit expediting consultant Walter Wong. Nine people have been charged in a corruption scheme allegedly involving the former head of the city’s Department of Public Works, Mohammed Nuru. The complaint alleges Wong provided Kelly with bribes in exchange for official acts by Kelly that benefited or attempted to benefit Wong’s business ventures.
Colorado – Special Session Catches Secretary of State’s Office Off-Guard
Colorado Politics – Marianne Goodland | Published: 12/1/2020
Colorado’s special legislative session has apparently caught the secretary of state’s office off-guard when it comes to how lobbyists report which bills they are working on. A lobbyist said the special session was not listed on the secretary of state’s lobbyist page, a full day after the session started. If someone entered one of the bills from the special session, the website would default to a 2020 bill from the regular session and could not recognize the nomenclature of the special session bills. And for at least the first 24 hours of the special session, lobbyists had no idea what they were supposed to do.
Delaware – Wilmington Councilman Rebuked: ‘City employees must not be threatened for doing their jobs’
Wilmington News Journal – Jeanne Kuang | Published: 11/25/2020
Wilmington City Councilperson Vash Turner received a public reprimand from the city’s Ethics Commission, which found he violated city code when he threatened cutting an auditor’s salary during a public meeting. The Ethics Commission received a complaint from the auditor, Terence Williams, who refused to conduct a forensic audit of the insolvent nonprofit Wilmington Housing Partnership’s finances as requested by council members in a resolution, saying he believed it would be expensive and unnecessary in lieu of a traditional audit. Turner asked council staff in an email to “work on a resolution or ordinance to reduce the Auditor salary for insubordination of council legislation,” according to the commission.
Georgia – ‘Someone’s Going to Get Killed’: GOP election official in Georgia blames President Trump for fostering violent threats
Anchorage Daily News – Amy Gardner and Keith Newell (Washington Post) | Published: 12/1/2020
A top Republican election official in Georgia lashed out at President Trump during a news conference, blaming him for a flood of threats that have besieged his office and calling on the president and other Republicans to condemn the behavior. Gabriel Sterling, a voting systems manager for Secretary of State Brad Raffensperger, was visibly angry and shaken as he approached a lectern in the Georgia Capitol. Sterling’s public chastisement represents one of the strongest rebukes yet of Trump’s baseless attacks on the election’s integrity by a member of his own party.
Hawaii – Ex-Hawaii Prosecutor, Police Chief Get Prison for Corruption
Yahoo News – Jennifer Sinco Kelleher (Associated Press) | Published: 11/30/2020
A judge sentenced a former high-ranking Honolulu prosecutor to 13 years in prison and her retired police chief husband to seven years, saying she stole money from her own grandmother and then used his law enforcement power to frame her uncle for a crime he did not commit – all to maintain the couple’s lavish lifestyle. Louis Kealoha agreed to retire amid a wide-ranging federal investigation. The judge described how Katherine Kealoha orchestrated a reverse mortgage scheme that forced her grandmother to sell her home, framed her uncle for stealing the Kealohas’ mailbox, stole money from children whose trusts she controlled as a lawyer, cheated her uncle out of his life savings, convinced her firefighter lover to lie about their affair, and used her position as a prosecutor to turn a drug investigation away from her brother.
Illinois – City Treasurer Melissa Conyears-Ervin Denies Wrongly Firing Chief of Staff, Other Employees
Chicago Tribune – Gregory Pratt | Published: 11/23/2020
A former top aide to Chicago City Treasurer Melissa Conyears-Ervin alleged in an email to a city ethics official that she was fired after refusing to participate in unspecified “illegal and unethical conduct.” Conyears-Ervin said that is false. Conyears-Ervin’s former chief of staff, Tiffany Harper, was fired along with three colleagues. Conyears-Ervin said she pushed the workers out as part of an office shake-up designed to move her office in a different direction. But in an email to Steve Berlin, executive director of the city’s ethics board, Harper said she believes she and two other officials were let go “without cause or reason.”
Illinois – New Cache of ComEd Documents Shows Indicted Madigan Confidant Pressing Utility for Jobs and Contracts
Yahoo News – Dan Petrella, Jamie Munks, and Ray Long (Chicago Tribune) | Published: 11/26/2020
Commonwealth Edison (ComEd) released a trove of documents in an Illinois House committee probe into Speaker Michael Madigan’s actions. ComEd has admitted to operating a scheme to influence Madigan. Federal prosecutors say the company hired Madigan’s political allies to win favorable legislation, including electricity rate hikes. They allege those payments were arranged by ComEd executives and lobbyists and funneled to subcontractors who often performed little or no actual work. The developments broaden what is known about the indirect but ethically questionable interactions between Madigan and ComEd at a time when the utility had major legislative business pending at the statehouse that depended on the speaker’s blessing.
New Jersey – Christie’s 2013 Campaign Hasn’t Paid Off $1M in Debt to 2 Firms
Politico – Matt Friedman | Published: 12/1/2020
Seven years after his 2013 reelection, former New Jersey Gov. Chris Christie’s gubernatorial campaign still owes $1 million in debt stemming from the Bridgegate scandal. But the moribund campaign may be allowed to stop filing campaign finance reports this year. And there’s no sign that the campaign has sought to pay back its debts, or that either of the companies that are owed the money – a prominent law firm and a cybersecurity firm that billed large monthly amounts to taxpayers during the Christie administration – have made an effort to collect.
New Jersey – NJ Attorney General’s Probe Seeks Records Connected to Democratic Power Broker
Bergen Record – Terrence McDonald | Published: 11/23/2020
An investigation by New Jersey Attorney General Gurbir Grewal into public health brokerage contracts and potential “pay-to-play” violations appears to go beyond Bergen County, with investigators now probing Plainfield’s work with a firm run by a Democratic power broker out of Middlesex County. Plainfield received a subpoena seeking contracts and related documents to be reviewed by a state grand jury, five days after the office subpoenaed Bergen County for similar records. The subpoena demands the city hand over a host of documents going back to 2015 related to its employee health insurance broker. The subpoena does not name the firm, but Plainfield’s broker is Acrisure.
North Carolina – Court Upholds North Carolina’s Voter Identification Law
Washington Post – Ann Marimow | Published: 12/1/2020
A federal appeals court upheld North Carolina’s law requiring voters to present photo identification before casting ballots, even as it acknowledged the state’s “long and shameful history of race-based voter suppression.” A unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit said North Carolina’s past practice does not indefinitely prevent the state from enacting new voting restrictions. The panel said a lower-court judge had improperly considered the state’s “past conduct to bear so heavily on its later acts that it was virtually impossible for it to pass a voter-ID law that meets constitutional muster,” according to the opinion from Judge Julius Richardson.
Ohio – Bankruptcy Judge Orders Lobbyists to Testify About Any Ties to Householder Bribery Case
Akron Beacon Journal – Jim Mackinnon | Published: 11/25/2020
A bankruptcy judge is ordering four Ohio lobbyists who work for the top law firm in the FirstEnergy Solutions bankruptcy to answer questions under oath about any possible ties to a bribery case. Bankruptcy Court Judge Alan Koshchik told the four lobbyists, known as the “Ohio statehouse team” with law firm Akin Gump, to answer his questions in writing by January 8. The four lobbyists “were the timekeepers involved who interacted with currently-indicted individuals or entities …,” according to the court filing. The judge said about $2.8 million is being sought by Akin Gump related to state government lobbying, including work tied to the passage of House Bill 6. The bill, now law, is at the center of the $61 million federal bribery investigation.
Ohio – Cincinnati City Councilman P.G. Sittenfeld Arrested on Federal Charges
Cleveland Plain Dealer – Andrew Tobias | Published: 11/19/2020
Cincinnati City Councilperson P.G. Sittenfeld was arrested and charged with bribery and attempted extortion. The complaint says Sittenfeld solicited and accepted $40,000 donations, made to a PAC supporting his bid for mayor, from a city developer and two undercover FBI agents posing as the developer’s business partners. In exchange, Sittenfeld in December 2018 promised to “deliver the votes” on city council for a development project, according to the complaint. The arrest is the latest in a string of high-profile corruption cases federal officials have undertaken in Ohio this year.
Ohio – Councilman Mann Seeks Independent Commission to Audit City Council Development Deals Saying the City Is in a ‘Crisis Unlike I Have Seen’
Cincinnati Enquirer – Sharon Coolidge | Published: 11/30/2020
Cincinnati City Councilperson David Mann is putting forward a plan to create a commission that will do an independent assessment of past city development deals. He is calling it the Commission to Clean Up City Council. It comes in the wake of three sitting Cincinnati City Council members being arrested this year on charges that allege they participated in “pay-to-play” schemes. None of the three arrests are related to each other. The commission would review links between campaign contributions and development contracts with the city. In addition to the review, Mann said it would also be tasked with making recommendations to keep corruption out of city deals and recommend any needed changes to the charter.
Ohio – Former Ohio Senate President Admits Ethics Violation for Not Disclosing Lobbying Clients
MSN – Randy Ludlow (Columbus Dispatch) | Published: 11/30/2020
Former Ohio Sen. Tom Niehaus admitted an ethics violation after turning himself in for failing to disclose lobbying clients while serving on the board of the Ohio Air Quality Development Authority. Niehaus, who served as Senate president from 2011 through 2013, reached a settlement approved by the Ohio Ethics Commission in which he received a reprimand for violating ethics laws. The investigation uncovered no evidence that Niehaus’ actions benefited any of his lobbying clients while he served on the authority’s board.
Ohio – Watchdog Group Aims to Turn Lights Back on with Open Records
The Record-Herald – Farnoush Amiri (Associated Press) | Published: 11/30/2020
A watchdog group is hoping to turn the lights back on at the Ohio Statehouse by opening long-closed records to see who is influencing the legislative process after a $1.3 billion nuclear plant bailout that is now under federal investigation. A proposal from Common Cause Ohio hopes to persuade lawmakers to once again bring transparency and accountability to the process behind a bill becoming a law. The records surround discussions and decisions at the Legislative Service Commission, a nonpartisan agency that assists lawmakers with drafting and researching legislation. The records, also called bill files, include memos from a bill’s sponsor and material provided by lobbyists who asked the House or Senate sponsor to propose it.
Pennsylvania – Ex-State Lawmaker Found Guilty in Bribery Case Loses Appeal of Her Convictions, Probation Sentence
PennLive.com – Matt Miller | Published: 11/30/2020
A Pennsylvania appeals court panel refused to overturn the convictions of former state Rep. Vanessa Brown on conflict-of-interest and bribery charges stemming from an undercover sting operation. The Superior Court judges reached that decision despite Vanessa Brown’s claims of racial bias and prosecutorial impropriety. Brown in 20108 was sentenced to 23 months of probation and ordered to pay $4,000 in restitution. Investigators said Brown took that amount of money in payoffs from an undercover agent with the state attorney general’s office who was posing as a lobbyist during an investigation into corruption in state government.
Pennsylvania – Pittsburgh Looks to Tighten Campaign Finance Reports for PACs, Independent Expenditures
Pittsburgh Post-Gazette – Ashley Murray | Published: 11/24/2020
Pittsburgh’s Ethics Hearing Board wants to track so-called dark money in local political campaigns. A bill before the city council would allow the board to do that by requiring tighter reporting rules for PACs and allowing further tracking of funds that back direct political mailers and ads. As the city law stands now, residents seeking local elected office must file a financial disclosure report for their respective candidate committees on the first business day of each month for three months leading up to the election. The proposed legislation would require the same reporting rigor for independent groups of individuals funding a campaign for or against a candidate or a ballot question.
Tennessee – Memphis City Council Votes Against Reforms to Bring Lobbying into the Light
MSN – Samuel Hardiman (Memphis Commercial Appeal) | Published: 12/1/2020
The Memphis City Council voted against adopting an ordinance that would require those lobbying the council to register and name their clients. The proposal would have required those paid to lobby council members to register with the city permits’ office, pay a $50 annual fee, and have their name on a list available to the public that includes who has hired them. Councilperson Martavius Jones called the ordinance “unnecessary.” Jones said the measure would not make council more transparent and there is nothing stopping council members from saying “no” to meetings with lobbyists.
Texas – Lawyers for Nate Paul Gave AG Ken Paxton $25k After He Waded into Civil Suit
Houston Chronicle – Taylor Goldentein and Jay Root | Published: 12/1/2020
Several weeks after Texas Attorney General Ken Paxton made the unusual move of intervening in a civil lawsuit involving his friend and campaign donor Nate Paul, Paxton received a $25,000 donation from the law firm hired by Paul in the case, records show. Involving his office in the civil case was just one of a handful of apparent interventions by Paxton on behalf of Paul that troubled the attorney general’s top aides, leading seven of them to report Paxton to law enforcement for potential corruption charges in October, including bribery and abuse of office. Those accusations are now being investigated by the FBI.
Virginia – As Virginia Democrats Rein Themselves In with Bill Limits, Some Legislators See Lost Opportunities
Washington Post – Laura Vozzella | Published: 11/29/2020
Because the coronavirus has made the logistics of legislating more difficult, Virginia’s House and Senate will strictly limit the number of bills that can be introduced for the General Assembly session that begins January 13. Delegates will be allowed to propose seven bills apiece, down from the usual 15. Senators – who have not had a hard limit in years, if ever – will be capped at 12 each. That is forcing Virginia’s 140 legislators to be especially selective about what bills they submit. The first casualty of that policy could be the handful of lighter and quirky bills that usually leaven each session. The second could be the Democrats’ agenda.
Washington DC – Outgoing D.C. Council Member David Grosso Will Work as a Lobbyist for Arent Fox
Washington Post – Julie Zauzmer | Published: 12/1/2020
Outgoing District of Columbia Councilperson David Grosso will take a job as a lobbyist for a firm representing clients with business before the council. Grosso (I-At Large), who decided not to seek reelection this year, said he will lobby his former colleagues on behalf of clients including hospitals and cannabis businesses, in addition to working on national issues, in his new role as a partner at Arent Fox. A critic during his time in office of too-cozy relationships between business interests and public officials, Grosso said he views his decision to go from lawmaker to lobbyist as different from the conduct of predecessors he has criticized.
November 20, 2020 •
News You Can Use Digest – November 20, 2020
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
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
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
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
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
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
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
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
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
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.”
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