September 13, 2019 •
News You Can Use Digest – September 13, 2019
National/Federal At the Bedraggled FEC, a Clean Slate of Leaders? The First African-American Commissioner? Center for Public Integrity – Dave Levinthal | Published: 9/11/2019 The FEC no longer has enough members to conduct high-level business. The U.S. Senate and President Trump […]
National/Federal
At the Bedraggled FEC, a Clean Slate of Leaders? The First African-American Commissioner?
Center for Public Integrity – Dave Levinthal | Published: 9/11/2019
The FEC no longer has enough members to conduct high-level business. The U.S. Senate and President Trump could easily appoint new commissioners and soon end the agency’s involuntary trip through limbo. Senate Democrats have recommended Shana Broussard, an attorney and executive assistant to longtime Commissioner Steven Walther, to Trump for nomination. Meanwhile, the Republican-controlled Senate could at any moment consider Trump’s lone FEC nominee to date, Trey Trainor, who has languished for nearly two years without even a confirmation hearing. But there is disagreement among Senate Republicans and Democrats, as well as the White House, on how to proceed. FEC Chairperson Ellen Weintraub said the agency’s more than 300 employees are attending to their work the best they can.
FEMA Officials Accused of Bribery, Fraud in Hurricane Maria Relief
MSN – Rick Jarvis (USA Today) | Published: 9/10/2019
Two former officials of the Federal Emergency Management Agency (FEMA) and the former president of an energy contractor were arrested, accused of bribery and wire fraud while trying to restore electricity to Puerto Rico in the wake of Hurricane Maria. Prosecutors said the president of Cobra Acquisitions, Donald Keith Ellison, gave FEMA’s deputy regional director airline flights, hotel accommodations, personal security services, and the use of a credit card. In return, Ahsha Nateef Tribble “used any opportunity she had to benefit Cobra,” said U.S. Attorney Rosa Emilia Rodríguez, including accelerating payments to the company and pressuring power authority officials to award it contracts.
Harsh Spotlight on Trump Donors Raises Disclosure Questions
Danbury News Times – Michelle Ye Hee Lee (Washington Post) | Published: 9/10/2019
Critics of President Trump are taking aim at his campaign donors, who have become the subject of social media attacks from liberals when their identities become public. A large amount of information about donors is available publicly, a result of laws intended to serve as a check on corrupting influences on politicians. Campaigns and committees are required to turn over the name, address, job title, employer, and donation amount of anyone giving at least $200. The information is published on the FEC’s website. Some transparency advocates worry the increasing attacks on donors could spark a backlash against the disclosure of information. They fear the attacks will discourage voters from giving or steer them into contributing to political nonprofit groups that are not required to disclose their donors.
How Elizabeth Warren Raised Big Money Before She Denounced Big Money
MSN – Shane Goldmacher (New York Times) | Published: 9/9/2019
Early this year, U.S. Sen. Elizabeth Warren vowed not to attend private fundraisers or call rich donors anymore. Admirers and activists praised her stand, but few noted the fact that she had built a financial cushion by pocketing big checks the years before. The open secret of Warren’s campaign is that her big-money fundraising through 2018 helped lay the foundation for her anti-big-money run for the presidency. Last winter and spring, she transferred $10.4 million in leftover funds from her 2018 Senate campaign to underwrite her 2020 run, a portion of which was raised from the same donor class she is now running against. As Warren has risen in the polls on her populist and anti-corruption message, some donors and, privately, opponents are chafing at her campaign’s purity claims of being “100 percent grassroots funded.”
IRS Issues Proposed Rules to Reduce Donor Disclosure Requirements Following Court Ruling
The Hill – Naomi Jagoda | Published: 9/6/2019
The Treasury Department and IRS issued proposed rules to reduce donor disclosure requirements for certain tax-exempt groups after a federal judge set aside guidance the agencies had previously released on the topic because it had not gone through a notice and comment period. Under the proposed rules, certain tax-exempt groups – including groups such as the National Rifle Association, as well as labor unions and business leagues – would no longer be required to provide the names and addresses of major donors on annual tax forms. Charities that have tax-exempt status under section 501(c)(3) of the tax code, as well as political organizations, would still be required to report the names and addresses of donors.
Mayors Are Harassed and Threatened, But Just How Often?
Governing – Mike Maciag | Published: 9/1/2019
Demeaning comments, harassment and, less commonly, threats of violence all come with the job of being a mayor. A new national survey assesses how frequently mayors experience various forms of abuse. The survey, the basis of a study published in the journal State and Local Government Review, finds most mayors contend with verbal hostility or physical intimidation at rates above those of the general workforce. Disrespectful comments or images on social media were by far the most frequent means of abuse. More serious acts of violence were far less common. About 11 percent of mayors reported property damage.
Nevada, SC, Kansas GOP Drop Presidential Nomination Votes
AP News – Meg Kinnard | Published: 9/7/2019
Republican leaders in Nevada, South Carolina, and Kansas have voted to scrap their presidential nominating contests in 2020, erecting more hurdles for the long-shot candidates challenging President Trump. Primary challenges to incumbents are rarely successful, and Trump’s poll numbers among Republican voters have proved resilient. Nonetheless, Trump aides are looking to prevent a repeat of the convention discord that highlighted the electoral weaknesses of Presidents George H.W. Bush and Jimmy Carter in their failed reelection campaigns.
Redistricting Fights Rage with Future of Congress at Stake
The Hill – Reid Wilson | Published: 9/6/2019
Strategists and observers who track state legislative races say tensions are already running at election-year levels, a reflection of the unusually high stakes in contests that immediately precede the decennial redistricting cycle. The difference between just a handful of local elections across the country could mean a long-term shift in partisan control of Congress. If one party makes big gains in state Legislatures, they would have the power to use the decennial reapportionment and redistricting process to substantially alter the partisan makeup of Congress. The high stakes in states across the country are reminiscent of the 2010 election, which became a Republican wave that swept the GOP to power and handed them control of the redistricting process.
Retiring Lawmakers Will Face Tough Market on K Street
Roll Call – Kate Ackley | Published: 9/9/2019
K Street recruiters are poring over the list of 21, and counting, lawmakers planning to exit Congress, but the lobbying sector may offer a shrinking supply of big-money gigs heading into the 2020 elections. As more House members and senators consider making their escape from Capitol Hill, the realities of the K Street economy and the “revolving door” will be among their considerations, say insiders at lobbying firms and headhunters. Those who make hiring decisions on K Street say ex-lawmakers can sometimes struggle in the lobbying sector where they no longer receive the trappings that come with elective office, such as a team of staff members. Many former members also balk, at least initially, at the idea of registering as a federal lobbyist or foreign agent, setting out limitations that firms find increasingly frustrating. In most cases, it is the congressional staff members that K Street really clamors for.
Trump Had Deal with Scotland Airport That Sent Flight Crews to His Resort
MSN – Eric Lipton (New York Times) | Published: 9/9/2019
President Trump sought to tamp down a growing controversy over a stay at his golf resort in Scotland by U.S. military personnel who were traveling through the local airport in March. He said he was not involved in any decision to put an Air Force flight crew at the resort, known as Trump Turnberry. But documents obtained from Scottish government agencies show the Trump Organization, and Trump himself, played a direct role in setting up an arrangement between the Turnberry resort and officials at Glasgow Prestwick Airport. The government records show the Trump organization, starting in 2014, entered a partnership with the airport to try to increase private and commercial air traffic to the region.
From the States and Municipalities
Arizona – Some Push for Scottsdale to End Prayer at Council Meetings Amid Legal Showdown with Satanists
Arizona Republic – Lorraine Lonhi | Published: 9/10/2019
A Scottsdale resident and activists petitioned a city commission to recommend replacing invocations with moments of silence at city council meetings. The move comes as Scottsdale and Satanists are locked in a legal battle over the city’s decision three years ago to block Satanists from leading a council meeting invocation. The Satanic Temple, an international Satanist group, has been asking city councils across the country to lead their invocations for several years. Some cities, such as Pensacola, Florida, allowed Satanists to give the invocations, but faced public backlash. Scottsdale resident Sandy Schenkat said she has asked the Human Relations Commission three times this year to recommend that council adopt a moment of silence in place of invocations, but her requests have gone ignored.
California – Ex-Palm Springs Mayor Steve Pougnet, Developers Due in Court After Grand Jury Indictment
Palm Springs Desert Sun – Christopher Damien | Published: 9/11/2019
Former Palm Springs Mayor Steve Pougnet and developers John Wessman and Richard Meaney will be arraigned following their indictments in connection with a long-running corruption case. More than four years have passed since agents from the FBI, IRS, and the Riverside County district attorney’s office raided Palm Springs City Hall. In bringing charges against the three men in 2017, the district attorney alleged Pougnet accepted bribes in exchange for city council votes and contracts in favor of their projects. The three have previously pleaded not guilty. If found guilty, Pougnet could be sentenced to as much as 19 years in prison, while the developers, if convicted, could face up to 12 years in prison each.
California – Insider Lunch and a London Party: California Democrat cozied up to industry he regulates
MSN – Hannah Wiley (Sacramento Bee) | Published: 9/10/2019
Three months after taking office, California Insurance Commissioner Ricardo Lara scheduled a lunch with insurance company executives with a pending matter before his department. A memo to Lara said the meeting had a specific purpose: “Relationship Building to benefit Ricardo Lara for Insurance Commissioner 2022.” He pledged not to take money from the insurance industry as he ran for the post but broke his promise this year by accepting more than $50,000 from insurance representatives and their spouses. Some of the money came from donors who ties to one of the companies scheduled to be represented at the lunch. Social media posts show Lara also counts insurance lobbyists among his friends. He partied with a Farmers Insurance lobbyist on New Year’s Eve a week before his inauguration.
California – Insurance Commissioner Charging Rent for Second Residence to Taxpayers
Politico – Carla Marinucci and Angela Hart | Published: 9/5/2019
California Insurance Commissioner Ricardo Lara has stuck taxpayers with thousands of dollars in bills to cover the cost of renting an apartment in Sacramento while he maintains his primary residence in Los Angeles, a break from other statewide elected officials that is alarming ethics watchdogs. Lara is already under scrutiny for his campaign fundraising and perceived coziness with the insurance industry. Lara spokesperson Michael Soller said Department of Insurance legal counsel concluded Lara’s rental expenses comply with state law because he only bills taxpayers for days spent in Sacramento. Soller declined to provide the legal memo or the name of the lawyer.
Colorado – Chief Storytellers: Community engagement or PR?
Governing – Graham Vyse | Published: 8/29/2019
It looked like a conventional public meeting as a city employee in Denver stood before half a dozen people in a community center. Yet this was not a typical community forum, and Rowena Alegría was not a typical city employee. “I am the chief storyteller for the city and county of Denver,” she told the group, and she had come for one of her regular “storytelling labs.” They are a chance for residents to record personal stories about their city, using text, audio, and video to help local government preserve community history. Denver’s alternative paper Westword called into question how the chief storyteller “just happens to be a former Mayor Michael] Hancock aide,” raising concerns that she was running “a taxpayer-funded office designed to polish PR for Denver.” But Alegría is quick to say her storytelling is “community engagement, not PR.”
Connecticut – State Employee Fined for Hiring Daughter for Temporary Summer Job
Hartford Courant – Russell Blair | Published: 9/9/2019
A former Connecticut Department of Public Health (DPH) employee was fined $2,500 for using her position to hire her daughter for a temporary summer job and failing to disclose the conflict-of-interest. Andrea Lombard was an epidemiologist in the hepatitis C program at DPH. In the summer of 2018, DPH was looking to fill administrative assistant positions in the program and hired an outside vendor to help with process. Lombard’s daughter became a candidate for one of those positions and she personally selected her daughter to fill one of the positions. While her daughter was employed, Lombard directly supervised her, including assigning and evaluating her work, approving her timecards, and approving overtime.
Florida – Broward Lawmaker in Line to Lead Senate Democrats Is in Relationship with Lobbyist Paid to Influence Florida Legislature
South Florida Sun Sentinel – Anthony Man | Published: 9/9/2019
Florida Sen. Gary Farmer, chosen by his colleagues to be the Democratic Party leader after the 2020 elections, recently told them he has been involved with a woman who lobbies the state Legislature. Florida law and Senate rules do not ban such relationships. A senator cannot “vote on any matter that the officer knows would inure to his or her special private gain or loss.” Senate rules require disclosure of a conflict if the special private gain or loss applies to an immediate family member or business associate.
Florida – NRA’s Marion Hammer Got Illegal Loans from Nonprofit She Runs, Unified Sportsmen of Florida
Florida Bulldog – Dan Christensen | Published: 9/6/2019
National Rifle Association (NRA) lobbyist Marion Hammer obtained several apparently illegal loans over the years from Unified Sportsmen of Florida, the Tallahassee nonprofit she founded and runs. The most recent loan in 2017, for $200,000, was given to Hammer, who earns $110,000-a-year as the group’s executive director, so she could “refinance and purchase” real estate, according to Unified Sportsmen’s regulatory filings. Florida law prohibits not-for-profit corporations like Unified Sportsmen from loaning money to their directors or officers. And while Unified Sportsmen solicits contributions from the public, the state Department of Agriculture and Consumer Services has not made it register, disclose certain information, or pay fees as the law requires of nonprofits.
Illinois – Watchdog Accuses County Clerk Karen Yarbrough of Running ‘Illegal Patronage’ Operation, Wants Court Oversight
Chicago Tribune – Ray Long | Published: 9/11/2019
Less than a year into office, Cook County Clerk Karen Yarbrough faces potential federal court oversight of hiring amid a watchdog’s accusations that she is “running an illegal patronage employment system.” Veteran anti-patronage attorney Michael Shakman said in a new legal filing that Yarbrough has put the politically connected into jobs that are supposed to be free from such influence, asked her employees for campaign contributions on their private cellphones and transferred certain supervisors to far-flung offices in hopes they would quit. Yarbrough, who was under federal court oversight in her previous job as recorder of deeds, called Shakman’s latest allegations “preposterous.”
Iowa – A Family Affair: As their parents campaign in Iowa, kids of 2020 candidates get a taste of the trail
Des Moines Register – Ian Richardson | Published: 9/5/2019
As 2020 presidential hopefuls traversed Iowa this summer to woo voters, their families have often tagged along for the ride. Candidates say bringing their families along helps them spend more time with them during their grueling campaign schedules. It also gives Iowans a more up-close look at the candidates’ personal lives, which can make them more relatable in a process that puts a high value on person-to-person interaction. Even when their kids are not around, the children of candidates make frequent appearances in their speeches, with candidates sharing the impact they have made on their policies like health care and childcare.
Kentucky – Gov. Bevin Asks Kentucky Supreme Court to Remove Judge from Case over Facebook ‘Like’
Louisville Courier-Journal – Phillip Bailey | Published: 9/11/2019
Gov. Matt Bevin wants the Kentucky Supreme Court to remove Franklin Circuit Court Judge Phillip Shepherd from hearing the teacher “sickout” lawsuit, saying he is too biased to preside over the case. The governor’s legal team says the integrity of the state’s judicial branch is on the line and requests Chief Justice John Minton appoint a special judge. The Bevin administration points to an August Facebook post Shepherd “liked” that praises campaign volunteers for Andy Beshear, who is running against Bevin in the fall election. Bevin used Twitter to slam Shepherd for “his blatant partisan support for Democrats.” Shepherd declined to remove himself from the case, saying he had liked posts from Republicans and was supporting the political process in general.
Massachusetts – Mayor Charged with Taking Bribes to Help Pot Businesses
AP News – Philip Marcelo | Published: 9/6/2019
Fall River Mayor Jasiel Correia was arrested on charges he conspired to extort hundreds of thousands of dollars from companies seeking to operate marijuana businesses. Correia brazenly accepted cash bribes in exchange for issuing official letters needed to obtain a license to set up a pot business, authorities alleged. They said at least four business owners paid a total of $600,000 in bribes to the mayor, and he used the money to support a lavish lifestyle and cover mounting legal bills. Correia was already facing charges on accusations he stole investor funds. He has pleaded not guilty. The latest investigation, which also involved agents from the FBI and IRS, highlighted the potential for abuse in Massachusetts’ nascent retail marijuana industry, authorities said.
Minnesota – DFL Lawmaker Resigns from University of Minnesota Post After Questions About Hiring
Minneapolis Star Tribune – Torey Van Oot | Published: 9/11/2019
State Rep. Jamie Long announced he is resigning from a paid fellowship at the University of Minnesota after Republicans raised questions about preferential treatment in filling the post. Long accepted a seven-month research fellowship at the Institute on the Environment’s Energy Transition Lab in July. The $50,000 temporary role was set to end just after the Legislature returns to work in February. In a statement announcing his resignation, Long, an attorney, said he was “honored” to accept the job after “a competitive public hiring process.” He cited his long history of working on environmental and climate issues. But e-mails and internal documents show Long and Ellen Anderson, a former state senator now at the helm of the Energy Transition Lab, discussed creating the position months before it was publicly posted.
Missouri – Parson’s Longtime Friend Is a Lobbyist, and Their Money Ties Could Cloud Governor’s Bid
Kansas City Star – Jason Hancock and Crystal Thomas | Published: 9/8/2019
As Missouri Gov. Mike Parson kicks off his quest to win a full term as governor, his long-standing friendship and political partnership with lawmaker-turned-lobbyist Steve Tilley is once again under the microscope. So far this year, a quarter of every dollar raised to elect Parson governor in 2020 is connected to Tilley. A large part of that money has come from lobbying clients engaged in industries regulated by the state agencies Parson oversees, ranging from gaming to medical marijuana to low-income housing tax credits. Before Parson took over as governor in June 2018, Tilley had 25 lobbying clients. In the year since Parson took the oath of office, that number has ballooned to more than 70.
Missouri – Stenger’s Former Right-Hand Man Gets 15 Months in Prison for His Role in Pay-To-Play Scheme
St. Louis Public Radio – Rachel Lippmann | Published: 9/6/2019
William Miller, the chief of staff to disgraced former St. Louis County Executive Steve Stenger, was sentenced to 15 months in prison for working to make sure a campaign donor to Stenger got a lobbying contract. Miller had pleaded guilty to aiding and abetting bribery. The prosecution’s sentencing memo outlines several instances in which Miller used his clout as chief of staff to bully and threaten lower-level employees into doing Stenger’s bidding. By contrast, Miller’s attorney, Larry Hale, portrayed Miller as someone who was simply following the orders of Stenger, a “vindictive person known to threaten to terminate or otherwise punish those who did not follow his directives.”
Montana – Court Strikes Down Montana Law Barring Political Robocalls
AP News – Matt Volz | Published: 9/10/2019
A three-judge panel of the Ninth U.S. Circuit Court of Appeals ruled Montana cannot ban political robocalls based on their content alone, marking the latest in a string of court decisions against states that attempt to restrict automated phone calls promoting political campaigns. The judges said Montana’s law is a violation of the First Amendment’s free-speech protections. The court has previously upheld other state laws that regulate robocalls, such as those that aim to protect consumers from scams, but those laws were based on how robocalls are made and not on what they say, the judges said.
Montana – Montana Ethics Chief Recommends Bringing Lobbying Code ‘Into the 21st Century’
Bozeman Daily Chronicle – Eric Dietrich (Montana Free Press) | Published: 9/5/2019
Montana Commissioner of Political Practices Jeff Mangan told a legislative committee that lawmakers should consider updating state lobbying rules to bring them “into the 21st century” by, for instance, requiring electronic filing for lobbying reports and clarifying whether regulations apply to grassroots lobbying like social media campaigns. “You will find the word ‘telegraph’ in the current code as far as what lobbyists should be reporting, telephone and telegraph expenses; you won’t find the word ‘internet’ in there,” Mangan said. Lawmakers on the State Administration and Veterans’ Affairs Committee voiced concern about the cost of administering new lobbying regulations but voted to study the issue and potentially draft bills for consideration in the 2021 Legislature.
New Jersey – ACLU Files Suit in Favor of ‘Dark Money,’ Says Donors Should Be Able to Give Money Anonymously
Newark Star Ledger – Ted Sherman (NJ Advance Media) | Published: 9/10/2019
The American Civil Liberties Union (ACLU) went to federal court seeking to overturn a law that would require political organizations that accept so-called dark money in New Jersey to disclose their donors. The ACLU said the law violates the First and Fourteenth Amendments and called for an order to restrain the state from enforcing the act. Gov. Phil Murphy signed the bill into law despite his reservations over its constitutionality. The law requires independent expenditure commissioners to publicly disclose donors contributing more than $10,000 to the organization and bar any person who chairs a political party committee or a legislative leadership committee from serving as that committee’s chairperson or treasurer. The ACLU argued it would fall under the restrictions, and said because it often works on controversial issues of public interest, many of its donors avail themselves of anonymity.
New York – Alleged Rape Victim’s Case Shakes Up JCOPE
Albany Times Union – Chris Bragg | Published: 9/10/2019
The normally staid monthly meeting of the New York Joint Commission on Public Ethics (JCOPE) featured a first: two women dressed in red cloaks and white wimples stationed outside the agency’s offices, reading a satiric children’s book detailing the panel’s alleged failings. The protest, with costumes inspired by the novel “The Handmaid’s Tale,” was organized by Kat Sullivan, an alleged rape survivor who has been targeted for possible lobbying violations while advocating for passage of the Child Victim’s Act. Sullivan took out ads on billboards criticizing the state’s molestation laws. JCOPE determined the billboards amounted to lobbying and threatened Sullivan with fines if she refused to pay the registration fee. Sullivan’s attorney went before JCOPE to demand that it drop the case against Sullivan since she did not spend enough on the billboards to qualify as a lobbyist under state law.
New York – Marijuana Legalization Opponent Directed to Identify Donors
Albany Times Union – David Lombardo | Published: 9/10/2019
The Joint Commission on Public Ethics (JCOPE) denied a request from the New York chapter of Smart Approaches to Marijuana (SAM-NY) to keep its donors private. SAM-NY contended it should be exempt from the state’s semi-annual disclosure because its supporters would be subject to harassment and economic reprisal if they were identified. New York law has a blanket disclosure exemption for charitable organizations engaged in lobbying, including the pro-legalization Drug Policy Alliance. JCOPE has denied disclosure exemption requests in the past from the New York Civil Liberties Union, New Yorkers for Constitutional Freedoms, and Family Planning Advocates of New York, only to have those decisions overturned by a judicial hearing officer, who described the rulings as “clearly erroneous.”
North Carolina – Dan Bishop, North Carolina Republican, Wins Special Election
MSN – Richard Fausset and Jonathan Martin (New York Times) | Published: 9/10/2019
Dan Bishop, a Republican state senator, scored a narrow victory in a special U.S. House election in North Carolina that demonstrated President Trump’s appeal with his political base but also highlighted his party’s deepening unpopularity with suburban voters. Bishop defeated Dan McCready, a moderate Democrat, by two percentage points in a district Trump carried by nearly 12 points in 2016. The fight for the Ninth Congressional District also brought to an end a tortured political drama: The 2018 midterm race for the seat, in which McCready barely lost against a different Republican, was in question for months because of evidence of election fraud on the GOP side. The election was finally thrown out, an embarrassing conclusion for state Republicans who had carved the lines of the deeply red district.
North Carolina – House Overrides Budget Veto in Surprise Vote with Almost Half of Lawmakers Absent
Raleigh News and Observer – Dawn Baumgartner Vaughan, Loren Horsch, and Paul Specht | Published: 9/11/2019
Republican lawmakers in North Carolina abruptly voted to override Democratic Gov. Roy Cooper’s veto of the state budget, sparking chaos in the chamber by bypassing Democratic lawmakers. Democrats said they did not expect a voting session that morning. Only 12 Democrats were present, and only nine voted, with several not even at their seats, party leader said. Cooper accused Republicans of pulling “their most deceptive stunt yet” at a time when many North Carolinians were focused on honoring those killed in the September 11 attacks, though it was not clear how many lawmakers may have been attending memorials. The override is not complete as the Senate still must hold a vote on the issue, but Republicans there need only one Democrat to join them to secure victory.
North Dakota – Little to No Business for North Dakota State Ethics Boards in Recent Years
Bismarck Tribune – Jack Dura | Published: 9/11/2019
North Dakota’s new Ethics Commission is preparing to meet for the first time. Other state ethics have taken up little to no business in recent years. State lawmakers have an ethics committee, but there is no indication it has ever met. The new five-member commission is tasked with investigating ethics complaints against elected state officials, candidates for office, and lobbyists, and is expected to write its own administrative rules. Senate Majority Leader Rich Wardner said the lack of ethics meetings and complaints indicates nothing has risen to the level of a perceived violation. “I think overall most legislators pull a pretty fine line and stay away from stuff like that, and so I appreciate that as leader,” Wardner said.
Oregon – Campaign Money Limits in 2020? Oregon Supreme Court Leaves Possibility Open
Portland Oregonian – Rob Davis | Published: 9/5/2019
The Oregon Supreme Court rejected a request to delay arguments in a major campaign finance case, a decision that leaves open the possibility that political donations could be capped in statewide races next year, even though lawmakers have stumbled in their own attempts to set them. Business groups wanted the court to postpone hearing a case to decide the legality of limits adopted by Multnomah County voters in 2016. The groups argued it was inappropriate for the court to rule on limits with voters set to do the same thing next November. Supporters of limits characterized the request as an attempt to allow unlimited contributions to dominate another election cycle. Chief Justice Martha Walters denied the industry groups’ request without specifying why.
Oregon – Oregon Open Records Bill Dies After Governor’s Staff Privately Contradicts Her Transparency Pledge, Documents Show
Portland Oregonian – Molly Young | Published: 9/11/2019
Top staffers for Gov. Kate Brown privately worked against a pro-transparency bill that ultimately failed in June, according to records released by Oregon’s public records advocate in the wake of her resignation. Brown has pledged to increase transparency under her watch since she was sworn in as governor in 2015. Yet memos and emails show staffers and lobbyists working on her behalf opposed a proposal to make state agencies track and disclose information about records requests they receive from the public. The documents say Brown’s staffers told public records advocate Ginger McCall her work to support the bill contradicted the governor’s interests and was a bad idea. Then, by action or inaction, Brown’s office got in the way of the bill’s progress while publicly maintaining its support for transparency and the concept of government accountability.
Pennsylvania – Deal to End Ex-Philly Deputy Mayor’s Bribery Case with One-Year Sentence Crumbles in Court
Philadelphia Inquirer – Jeremy Roebuck | Published: 9/5/2019
After his conviction for bribing then-U.S. Rep. Chaka Fattah was overturned, former Philadelphia Deputy Mayor Herbert Vederman made a deal with the Justice Department that would send him to prison for only one year – half of what he originally had received – instead of risking a second trial. But U.S. District Court Judge Harvey Bartle III had other ideas. Calling the agreement “far too lenient” and “not just,” the judge rejected the proposal and ordered Vederman, whom prosecutors once described as Fattah’s “human ATM machine,” to spend two years in prison. The turn of events capped what already had been an unusual proceeding that brought into the open rarely seen discord between Justice Department officials in Washington, D.C. and their local counterparts.
Rhode Island – Rhode Island House Employee Has Sexual Assault Conviction, Records Show
Boston Globe – Edward Fitzpatrick | Published: 9/9/2019
A former police sergeant who was convicted of committing sexual assault while in uniform in the 1980s has been employed by the Rhode Island Legislature for more than a decade. Michael Burke, a former North Kingstown police officer who served prison time on two counts of first-degree sexual assault, has worked as “manager of House operations” since 2007 but is now out on workers’ compensation. The House speaker when Burke was hired, William Murphy, said Burke was recommended to him by a former state representative, whom he declined to identify, and he interviewed Burke. “I gave him a second chance,” Murphy said. “When I was speaker, he always comported himself as a gentleman in the statehouse. I never received any complaint about him. … I am glad I gave Mr. Burke a second chance.”
Tennessee – Rep. Andrew Farmer Changes Billboards Over Concerns He Used His Elected Office to Promote Private Business
Knoxville News Sentinel – Joel Ebert (The Tennessean) | Published: 9/9/2019
Earlier this year, Rep. Andrew Farmer changed billboards for his personal business over concerns from residents he was using his elected office to benefit his law firm. Farmer has several billboards in East Tennessee for his law firm, which provides criminal defense and personal injury services. One of the billboards read, “Who better to argue the law than an actual lawmaker?” Paying for the billboards for his personal business out of campaign money would be illegal. Farmer said he does not use his position as a lawmaker to help attract more clients or influence the outcome of cases.
Tennessee – Tennessee Campaign Finance Officials Urge Revamp of Website, More Auditors to Scrutinize Lawmaker Spending
The Tennessean – Joel Ebert | Published: 9/11/2019
State watchdogs want to revamp Tennessee’s campaign finance reporting website and hire additional auditors. The Registry of Election Finance approved a plan to start talks with the secretary of state’s office about updating its website, which provides the public and the media a view into the activities of candidates. After discovering the Bureau of Ethics and Campaign Finance had more than $1 million available in reserves, registry board member Tom Lawless suggested an update to the state’s website is necessary. Registry Auditor Jay Moeck said he is currently unable to fulfill 18 outstanding audits before the end of the year. He was tasked with coming up with hiring recommendations prior to the panel’s November meeting.
Texas – New Disclosures Show Texas Sen. Royce West Making Big Bucks from Government Contracts
Texas Tribune – Jay Root | Published: 9/5/2019
For years, Texas Sen. Royce West raked in millions of dollars in legal fees representing governmental entities such as the Dallas and Houston independent school districts, metropolitan transportation agencies, and major Texas cities, sparking criticism he is using his influence as a state lawmaker to score business deals average citizens cannot get. Until now, it was nearly impossible for voters to quantify the number of governmental contracting deals or estimate how much he has been personally making from his private business interests. But because West running for the U.S. Senate, which requires more robust disclosure than Texas, he is finally pulling back the curtain on his considerable wealth.
September 6, 2019 •
News You Can Use Digest – September 6, 2019
National/Federal Andrew Yang’s Speaking Fees, Including from JPMorgan, Raise Campaign Finance Questions: Experts ABC News – Armando Garcia | Published: 8/30/2019 Months after announcing his bid for the presidency as a Democrat, Andrew Yang was paid for a number of speaking […]
National/Federal
Andrew Yang’s Speaking Fees, Including from JPMorgan, Raise Campaign Finance Questions: Experts
ABC News – Armando Garcia | Published: 8/30/2019
Months after announcing his bid for the presidency as a Democrat, Andrew Yang was paid for a number of speaking engagements. Yang described the speaking engagements as speeches about the subject matter of his book, “The War on Normal People.” But a PowerPoint presentation that Yang used shows his 2020 campaign logo on the opening slide and an abbreviated campaign symbol on most of the other slides. While campaign finance law allows candidates to be compensated for work independent of their campaigns, payments may be considered campaign contributions and subject to federal rules, unless “the compensation results from bona fide employment that is genuinely independent of the candidacy,” according to the Code of Federal Regulations. It is unclear whether Yang’s speaking engagements would in fact be considered campaign-related activities and subject to FEC regulations, experts said.
Biden Taps Influence Industry Despite Pledge on Lobbyists
AP News – Brian Slodysko | Published: 9/3/2019
Former Vice President Joe Biden promised not to accept political contributions from lobbyists during his latest campaign for president. Yet hours after his campaign kickoff, Biden went to a fundraiser at the home of a lobbying executive. It is difficult to quantify how much Biden has raised from the lobbying industry, but the roughly $200,000 he accepted from employees of major lobbying firms is far more than any of his rivals has received. The money demonstrates a comfort with an industry that is the object of scorn of Democratic activists and some of Biden’s principal opponents. Biden’s pledge to reject money from lobbyists is a change for him. Before he entered the 2020 race, his American Possibilities PAC had no such prohibition.
‘Business as Normal’: Pence’s stay at Trump hotel in Ireland follows a trend
MSN – Maggie Haberman and Eric Lipton (New York Times) | Published: 9/3/2019
During his taxpayer-funded trip to Ireland, Vice President Mike Pence did not stay in Dublin, where he had meeting with Irish officials, but 181 miles away at the Trump International Golf Links & Hotel in Doonbeg. The person who suggested he stay there was the hotel’s owner himself, President Trump. Pence’s stay at the Trump hotel may have been the highest-profile example of a member of the president’s inner circle patronizing one of his businesses. But it was far from the first time that a top American official in Trump’s administration had picked one of the president’s hotels when needing a place to stay or to be seen. Trump himself has visited one of his family-owned properties on at least 293 days, or just over 30 percent of the days he has been in office.
Democrats Examining Impeachment Target Trump’s Pardon Offers to Immigration Officials
ENM News – Nicholas Fandos (New York Times) | Published: 9/4/2019
The House Judiciary Committee ordered homeland security officials to hand over records related to reported offers by President Trump to pardon aides willing to break the law to carry out his immigration policies. House Democrats indicated they were continuing to expand the scope of their investigation into whether to impeach the president beyond the special counsel’s core findings on Russian election interference and possible presidential obstruction of justice. A president who knowingly directed government officials to break the law and dangled pardons to appease them would constitute an abuse of power, Judiciary Committee Chairperson Jerrold Nadler said.
Former Highland Heights Mayor Admits to Stealing $160,000 from Ohio Rep. Dave Joyce’s Campaign
Cleveland Plain Dealer – Eric Heisig | Published: 8/29/2019
Former Highland Heights Mayor Scott Coleman admitted he embezzled $160,000 from U.S. Rep. Dave Joyce’s campaign when he worked as the campaign treasurer. Coleman pleaded guilty to a grand theft charge that carries a penalty of up to 18 months in prison. Joyce’s attorneys sent a letter to the FEC in February that said Coleman embezzled from the campaign between 2015 through 2018. The letter said an investigator used bank camera footage to confirm Coleman used the campaign’s ATM card to make unauthorized withdrawals.
Former Obama Counsel Found Not Guilty of Lying to Investigators Probing Work to Aid Ukraine President
Duluth News Tribune – Spencer Hsu and Rosalind Helderman (Washington Post) | Published: 9/4/2019
A jury acquitted former Obama White House counsel Gregory Craig over allegations he lied to the federal government about his work with Ukrainian officials. Prosecutors accused Craig of violating the Foreign Agent Registration Act by misleading authorities about the nature of his work and whether it required him to register. The acquittal marks a setback for the Justice Department’s crackdown on foreign lobbying the U.S., exposing flaws in a difficult prosecution of events from 2012 that was handed off among several investigative offices before Craig’s indictment. The trial revealed the involvement of a half-dozen powerful Washington, D.C. public relations, lobbying, consulting, and law firms in the project to rehabilitate Ukraine’s image.
Judge Tells White House to Reinstate Reporter’s Pass
Politico – Josh Gerstein | Published: 9/3/2019
A judge blocked the White House’s decision to revoke the press pass of Playboy correspondent Brian Karem over a Rose Garden showdown with former White House aide Sebastian Gorka. U.S. District Court Judge Rudolph Contreras granted a preliminary injunction restoring Karem’s so-called hard pass because the reporter had no clear notice of the rules governing press behavior at events like the presidential appearance that preceded the heated exchange. In imposing a 30-day suspension, White House press secretary Stephanie Grisham said Karem’s behavior had violated widely accepted standards of “professionalism” and “decorum.” Contreras said precedent regarding White House press credentials requires such rules be clear and that they be laid out in advance.
Pro-Trump PAC Paid Thousands to Firm Owned by Campaign Manager’s Wife
San Jose Mercury News – Vicky Ward (CNN) | Published: 8/30/2019
A company owned by the wife of Brad?Parscale,?President?Trump’s campaign manager, has received hundreds of thousands of dollars from the president’s flagship PAC, which is barred from coordinating with the campaign. FEC records show Red State Data and Digital, which was founded by Candice?Parscale, has received?$910,000 from?America First Action,?the super PAC formed in 2017 to support Trump’s agenda and Republican?candidates. Brad Parscale and his wife insist their arrangement is legitimate and there is no coordination. Experts in federal election law say the appearance of a connection between Trump’s main super PAC and a firm set up by his campaign?manager’s?spouse that handles political ads walks right up to the line.
Top Interior Official Who Pushed to Expand Drilling in Alaska to Join Oil Company There
MSN – Juliet Eilperin and Steven Mufson (Washington Post) | Published: 9/3/2019
Joe Balash, who oversaw oil and gas drilling on federal lands before resigning from the Interior Department recently, is joining a foreign oil company that is expanding operations on Alaska’s North Slope. The company is drilling on state lands that lie nearby, but not inside, two federal reserves where the Trump administration is pushing to increase oil and gas development. During his time at Interior, Balash oversaw the department’s work to hold lease sales on the Arctic National Wildlife Refuge and the National Petroleum Reserve-Alaska. Balash declined to disclose his specific role and said while he would oversee employees who would work with the federal government on energy policy, he would abide by the Trump ethics pledge barring appointees from lobbying their former agencies for five years.
Vin Weber, Longtime Washington Lobbyist and Consultant, Resigns from Lobbying Firm
Danbury News Times – Tom Hamburger (Washington Post) | Published: 8/30/2019
Former U.S. Rep. Vin Weber resigned his position as a partner in a prominent consulting firm amid ongoing questions about lobbying work he did for Ukrainian interests. Weber’s activities at Mercury LLC have been under scrutiny by federal prosecutors in New York investigating whether he and others complied with laws requiring those working for a foreign country or political party to register with the Justice Department. Weber’s resignation is the latest turn in a drama that has engulfed several top Washington figures as a result of former special counsel Robert Mueller’s investigation.
Canada
Canada – 2 Montreal Companies Told to Pay Nearly $450K Over Illegal Election Donations
Global News – Christian Paas-Land (Canadian Press) | Published: 8/29/2019
Two companies have agreed to pay almost $450,000 in fines after admitting they made illegal political donations between 2004 and 2009. Groupe AXOR Inc. acknowledged a senior executive, who is no longer employed with the company, asked some employees and their families to make donations totaling about $66,000 while offering to reimburse them for the contributions. A similar scheme happened at Axor Experts-Conseils Inc. In both cases, the companies reimbursed donors through personal expense claims, and in the case of Axor Experts-Conseils Inc., also through bonuses and other benefits. Because of those reimbursements, the companies acknowledged that what they made amounts to corporate donations, which are not allowed in Canada.
Canada – Unlike U.S., Canada Plans Coordinated Attack on Foreign Election Interference
Politico – Alexander Panetta and Mark Scott | Published: 9/3/2019
Russian interference in the 2016 U.S. presidential election rattled America’s next-door neighbor so badly that Canada spent the last three years developing the most detailed plan anywhere in the Western world to combat foreign meddling in its upcoming election. But with the country’s national campaign to begin in a matter of weeks, one question remains: Will the efforts pay off? Prime Minister Justin Trudeau’s government passed new transparency rules for online political ads, tougher than what is required in the U.S. Canada also housed a G-7 project to share the latest intelligence between allies about possible foreign disinformation and created a non-partisan group to warn political parties and the public about outside interference.
From the States and Municipalities
Alabama – Alabama’s Republican Governor Apologizes for Wearing Blackface in College, Refuses to Resign
Stamford Advocate – Reis Thebault (Washington Post) | Published: 8/29/2019
Alabama Gov. Kay Ivey apologized for wearing blackface decades ago, becoming the latest politician to face scrutiny over racially insensitive photos and actions from their university days. Ivey issued the apology after a 1967 radio interview surfaced in which her now-ex-husband describes her actions at Auburn University. In the interview, Ben LaRavia describes Ivey as wearing coveralls and “black paint all over her face” while pretending to search for used cigars on the ground in a skit at the Baptist Student Union party. Ivey joins the collection of white politicians to face scrutiny and scorn for their caricatures of black people.
Arizona – AZGOP Chair’s Consulting Firm Working on Legislative Races
Arizona Mirror – Jeremy Duda | Published: 8/29/2019
A political consulting firm owned by Arizona Republican Party Chairperson Kelli Ward and her husband is soliciting work for legislative campaigns, raising questions among Republicans about conflicts-of-interest. State political parties are generally expected to remain neutral in intra-party fights. One hallmark of that neutrality is not taking sides in contested primary elections. Michael Ward said Atlas Alliance does not get involved in races with contested primaries, and the firm would not stay engaged in any race in which a primary challenger emerges. But the Wards and the state GOP refused to answer other questions, including whether the involvement of a consulting firm owned by the state party chair would discourage potential candidates and give people the impression that the candidates it works for are officially backed by the party.
California – After a PAC Donated $16,000 to an El Rancho Board Member’s Campaign, Its Controlling Officer Won a Contract
Whittier Daily News – Bradley Bermont | Published: 9/3/2019
El Rancho Unified School District board member Leanne Ibarra’s campaign accepted more than $16,000 from a PAC whose principal officer and major donors were all seeking, and later received, contracts with the district. In a $96,000 contract approved for Presidio Strategic Communications, Ibarra provided the critical third vote to renew the public relations company’s annual contract. It is a $39,000 pay bump for the firm, which has been operating as the district’s public information officer for more than a year. The company’s owner, Daniel Fierro, is the principal officer for Citizens for Leadership in Education, which donated to Ibarra’s 2018 campaign. “I know how it looks, but from my perspective as a board member, I’m there to trust in the process,” Ibarra said. “If people want to perceive [impropriety], there’s nothing I can do.”
California – California Democrat Halts Fundraising Amid Scrutiny into Donations from Industry He Regulates
Sacramento Bee – Hannah Wiley | Published: 9/3/2019
California Insurance Commissioner Ricardo Lara is halting fundraising while his staff reviews how he vetted contributions from the industry he regulates. Lara has faced scrutiny in recent months for accepting more than $50,000 from industry executives in April, with most of the money coming from out-of-state donors. Lara then admitted to meeting in May with the chief executive of Applied Underwriters, a workers’ compensation agency with pending matters before the department. Lara promised to increase oversight of future donations and said he terminated his “longtime contractual relationship” with unnamed fundraising personnel.
California – LAPD Commissioner Sandra Figueroa-Villa Failed to Disclose Income from City Contracts
Los Angeles Times – Mark Puente | Published: 8/30/2019
Los Angeles Police Commissioner Sandra Figueroa-Villa failed to disclose income from a nonprofit she runs that received millions of dollars from the city to work with police on gang initiatives, records show. Figueroa-Villa has never reported her income or the nonprofit’s funding from the city on annual financial disclosures required by the city. She also did not disclose a donation a controversial technology firm with ties to the police department made to her group. Individuals who fail to report information on disclosures could face stiff fines from the Los Angeles Ethics Commission. Figueroa-Villa has not been fined to date.
Connecticut – Lamont, Legislators: Quasi-publics are here to stay
Connecticut Mirror – Mark Pazniokas | Published: 9/5/2019
Gov. Ned Lamont and legislative leaders said after a closed-door meeting that mismanagement and contracting irregularities at the Connecticut Port Authority demonstrate a need for greater oversight of quasi-public agencies, not their abandonment. The Connecticut Lottery Corporation is one of several quasi-publics whose severance packages to departing employees have been flagged by state auditors, and Lamont recently ordered a review of the relatively new port authority. All of the state’s 15 quasi-public agencies are subject to audits, and their operations fall under the state ethics code and freedom of information act. But they have more freedom than state agencies in personnel, purchasing, and contracting decisions.
Florida – A Pasco Roofer and School Official Had an Affair. Corruption Investigation of $1.5 Million School Roofing Job Followed
Tampa Bay Times – C.T. Bowen | Published: 9/4/2019
Kevin Ryman, a building contractor and appointed Pasco County planning commissioner, carried on an intimate relationship with the former purchasing director for the Pasco County School District and was suspected of colluding with another contractor to win a $1.5 million school roofing job. The Pasco County Sheriff’s Office determined it had probable cause to arrest Ryman, but state prosecutors declined to file charges, citing the civil lawsuits facing Ryman. Prosecutors also said they would not charge former school purchasing director Nicole Westmoreland. There was probable cause to pursue a bribery case, a sheriff’s office report said, because evidence showed Westmoreland received gifts from Ryman after working with him to create a pool of five companies, including Ryman’s, to bid on roofing jobs.
Georgia – Ex-Contract Chief Pleads Guilty in Atlanta Corruption Case
AP News – Jeff Amy | Published: 9/4/2019
Larry Scott, who helped control contracting for the city of Atlanta pleaded guilty to federal crimes in connection with his efforts to hide his consulting activities with businesses seeking contracts from the city. Scott, who resigned from his post as director of the Office of Contract Compliance, pleaded guilty to wire fraud and filing false tax returns. Scott is the sixth person to plead guilty in a probe of city government corruption under former Mayor Kasim Reed. Scott incorporated Cornerstone U.S. Management Group in 2011 with Reed’s sister-in-law. The ex-mayor’s brother in 2013 became the registered agent for the consulting company, which prosecutors said advised vendors seeking government work across the Atlanta region. The Georgia secretary of state’s office dissolved Cornerstone in August for failure to register.
Kentucky – How Kentucky Gambled for Hundreds of Millions of Dollars from a Broadband Program It Didn’t Qualify For
ProPublica – Alfred Miler (Louisville Courier Journal) | Published: 9/4/2019
In 2015, KentuckyWired, the state’s plan to bring high-speed internet access to rural areas, had ground to a halt. Officials were in talks with Macquarie Capital to build and manage the new network. But the bank wanted $1.2 billion over three decades, money Kentucky did not have on its own. To make the public-private partnership work, then-Gov. Steve Beshear and his administration needed to tap into a federal program that awarded money for broadband projects. But the Federal Communications Commission (FCC) had already signaled concern over Kentucky’s eligibility. That is when Macquarie brought in a consultant to help: Frank Lassiter. Neither Lassiter nor his consulting firm had any experience in telecommunications or in navigating the FCC rules. But Lassiter had connections. His wife was Beshear’s cabinet secretary, the highest appointed position in the executive branch.
Kentucky – Top KY Democratic Consultant Was Targeted in FBI Probe. Candidates Still Hired Him.
Lexington Herald-Leader – Daniel Desrochers | Published: 8/30/2019
The trial of Jerry Lundergan and Dale Emmons has dragged on in a Frankfort courthouse as federal prosecutors make their case the two men violated campaign finance laws by illegally funneling corporate money to Kentucky Secretary of State Alison Lundergan Grimes’ 2014 U.S. Senate campaign. There was a third man, however, who allegedly helped them skirt the law, according to court documents – Jonathan Hurst, Grimes’ 2014 campaign manager. Hurst became the key cooperating witness for the government. As the saga unfolded, Hurst’s political consulting business did not dry up. Hurst Consulting was the most used campaign consultant for Democrats elected to the Kentucky House in 2018.
Massachusetts – How One Routine Zoning Vote Turned into a Federal Investigation
Boston Globe – Tim Logan and Milton Valencia | Published: 9/1/2019
A nondescript piece of land is the focal point of a federal investigation that has again reached into Boston City Hall and shows signs of spreading beyond the one official who has already been charged. The property had been owned by developer Steven Turner when it received an extension of some zoning permits in 2017. While Turner was not named in court records, two people familiar with the case say it was he who paid then-Boston Planning & Development Agency staffer John Lynch $50,000 to encourage a member of the Zoning Board of Appeals to vote in favor of Turner’s plan to build a condominium on the property. While the board’s public votes are often unanimous, many of its decisions are first hashed out through backroom negotiations among developers, neighborhood groups, and city officials.
Michigan – Michigan Ranks Dead Last for Transparency: How bills could change that
Detroit Free Press – Kathleen Gray | Published: 9/4/2019
The Michigan Legislature has tried for years to extend transparency to the House, Senate, and statewide elected officials by requiring elected officials to file financial disclosure reports and open themselves up to Freedom of Information laws. The bills have gotten widespread support in the House but stalled in the Senate. And that could be the fate of another package of financial disclosure bills that were approved with bipartisan support in the House Elections Committee. The Center for Public Integrity ranks Michigan 50th in the nation in terms of transparency because the governor and Legislature are exempt from disclosure of documents through the Freedom of Information Act, as well as for the lack of any financial disclosure.
New Jersey – Assemblyman Ryan Peters to Introduce EDA, Lobbying Reforms
Burlington County Times – David Levinsky | Published: 9/3/2019
State Assemblyperson Ryan Peters will introduce a multi-bill package to boost accountability and oversight within the New Jersey Economic Development Authority. Peters wants to create an independent inspector general’s office within the agency, along with a permanent auditor to ensure recipients awarded tax incentives comply with and deliver the promised jobs and investment. The package includes two bills to revise the state’s requirements for lobbyists. Peters proposes changing the registration threshold to anything more than lobbying one hour in a calendar year. He also proposes extending a $250 limit on any gifts made to lawmakers or government officials to local officials.
New Mexico – Residents to Weigh in on Democracy Dollars Proposal This Fall
Albuquerque Journal – Jessica Dyer | Published: 9/3/2019
Albuquerque voters will decide this fall whether to overhaul the city’s public financing system by giving candidates another way to access taxpayer dollars, albeit one that routes the money through individual citizens. The November ballot will ask voters to weigh in on “Democracy Dollars,” a program that would provide each eligible city resident with a $25 coupon to give to the publicly financed candidate of their choice. Advocates contend the vouchers would reduce wealthy donors’ influence in local government and give more voice to citizens who might not otherwise be able to contribute. But some say it could make public financing less fair and create new disparities in the system.
New York – Billboard Questions Role of JCOPE Chairman
Albany Times Union – Chris Bragg | Published: 9/4/2019
A new billboard advertisement asks why Michael Rozen, chairperson of the New York Commission on Public Ethics (JCOPE), has not recused himself from a controversial ongoing inquiry into possible lobbying violations committed by Kat Sullivan. Sullivan, an alleged rape victim, spent a portion of her settlement money to lobby for the Child Victim’s Act, a law giving legal recourse to minors that were past victims of sexual abuse. JCOPE is investigating whether Sullivan’s advocacy violated the $5,000 annual threshold requiring her to register as a lobbyist in New York. Sullivan is now questioning why Rozen has not recused himself given his past work for Penn State University in response to a massive child sex abuse scandal a decade ago, and she suggests in the billboard advertisements that the motivation may be financial.
New York – Fallout of Guilty Plea for Elected Officials Not Always Clear
Albany Times Union – Brendan Lyons | Published: 8/28/2019
Following the recent guilty plea of Cohoes Mayor Shawn Morse, city officials scrambled to determine whether his admission to a felony wire fraud charge in federal court would result in his immediate removal from elected office. The town’s common council swore in council President Chris Briggs as acting mayor, despite conflicting opinions on their ability to take the official action, and after Morse had reached out to his colleagues, warning he could remain in his position until his December sentencing. Morse may have been right: There is wide disagreement among state officials and legal experts on whether a guilty plea in federal court requires the immediate removal of an elected official in New York.
New York – New York to Decide on Public Funding of Political Campaigns
Governing – Michael Gormley (Newsday) | Published: 9/2/2019
New Yorkers will soon provide up to $100 million in public financing to help fund campaigns, but exactly how the landmark reform will be implemented is up to a special commission. What it does will help determine whether it will succeed in reducing the influence of big-money donors or whether it will turn into what critics fear will be a taxpayer-paid boondoggle. The Public Financing of Elections Commission has the potential to drastically change New York politics more than at any moment in decades by making races more competitive and reducing a pipeline for money that has played a role in corruption scandals.
New York – Second Judge Rejects Outside Income Restrictions on State Lawmakers
Albany Times Union – David Lombardo | Published: 8/29/2019
A second judge has ruled New York lawmakers do not have to follow restrictions on outside income that were recommended by a special compensation committee. The same committee awarded the lawmakers pay raises, which they will get to keep, according to the ruling. State Supreme Court Justice Richard Platkin said the committee exceeded its authority by imposing limitations on the private income earned by state legislators. The limits were set to take effect in 2020 and would have drastically curtailed outside employment options for members of the Senate and Assembly.
North Carolina – North Carolina Judges Toss Districts Drawn for GOP Advantage
AP News – Emery Dalesio and Gary Robertson | Published: 9/3/2019
A North Carolina court struck down the state’s current legislative districts for violating the rights of Democratic voters, forcing districts to be withdrawn ahead of the 2020 election. The three-judge panel of state trial judges gave the General Assembly until September 18 to issue remedial maps. The judges unanimously ruled that courts can step in to decide when partisan advantage goes so far it diminishes democracy. Their ruling comes after the U.S. Supreme Court ruled in June in a separate case involving North Carolina’s congressional map that it is not the job of federal courts to decide if boundaries are politically unfair, though state courts could consider whether gerrymandering stands up under state laws and constitutions.
North Dakota – North Dakota Democratic Lawmaker Aims to Livestream Committee Meetings to ‘Shame’ Legislature into Increased Transparency
Dickinson Press – John Hageman | Published: 8/30/2019
A North Dakota lawmaker said he plans to livestream legislative committee meetings in an effort to “shame” the Legislature into improving transparency. Rep. Marvin Nelson said he is working out technical issues but plans to livestream meetings of his interim study committees and may recruit people to record others. He said he may continue airing committee meetings online during the next regular session, which begins in 2021. Nelson said the idea was sparked by his bill proposing a legislative study of disabled people’s access to the Capitol. “We have handicapped people around the state who literally cannot attend a legislative meeting,” Nelson said. “Government has a great deal of importance to them because they tend to rely on assistance from programs or laws that improve accessibility.”
Oregon – Portland’s New Public Campaign Financing Software Faces Looming Deadlines
Oregon Public Broadcasting – Amelia Templeton | Published: 8/30/2019
With just weeks to go until candidates can opt into a new public campaign financing program, Portland is still testing the software that will run it. A recent oversight report shows the software, developed by the nonprofit Civic Software Foundation, is at risk of not being delivered on time before the 2020 primary election cycle starts. But city staff and technology advisors said the project is in better shape than the report suggests. They said the software should be ready in time to handle the influx of candidates, and the project, though not without risk, has been a significant innovation.
Pennsylvania – In Lieu of Flowers, Elect My Son
Allentown Morning Call – Nicole Radzievich | Published: 9/1/2019
Over the years, candidates and their supporters have found myriad ways to raise money to get their messages out to voters. But obituaries? That is what emerged in the race for Northampton County district attorney. The father of the Republican nominee, Tom Carroll, died a week ago, and his obituary included a reference to the political race. The last line reads: “In lieu of flowers, contributions may be sent to – Elect Tom Carroll ….” It is perfectly legal – as long as expenses for obituaries are included on campaign finance reports as in-kind contributions, if done in coordination with a campaign, and if any resulting donations are reported). And it is not unprecedented.
Rhode Island – A Small Campaign with a Six-Figure Problem
Boston Globe – Edward Fitzpatrick | Published: 9/4/2019
Samuel Tassia only raised $50 – a single contribution from a friend – when he ran for the Rhode Island House in 2010. Tassia submitting one campaign finance report and then missed the deadlines for 36 subsequent filings. His campaign fund contained just $32.50, but since he never closed the account, he began racking up fines of two dollars per day per report. When he came before the state Board of Elections, Tassia owed $118,120 for failing to file his reports on time. His was one of nearly a dozen campaign finance cases that came before the board recently, prompting renewed calls to revise the state’s campaign fine structure and to establish a standardized system for appeals.
Vermont – Ethics Commission Withdraws Opinion Critical of Gov. Scott
VTDigger.org – Mark Johnson | Published: 9/5/2019
The Vermont State Ethics Commission has taken back a controversial advisory opinion that was critical of Gov. Phil Scott’s financial relationship with his former company. The withdrawal comes after the commission concluded the “process used at the time was incorrect.” The commission in October 2018 ruled Scott violated the ethics code because the company he had co-owned, Dubois Construction, also did business with the state. Scott had sold his half of Dubois back to the company, but was being paid over a period of time, which the commission determined amounted to a continued financial stake in the firm. In withdrawing the opinion, the commission said it erred when it allowed an outside party to file a request for an advisory opinion.
Virginia – Virginia Beach Leased Building from State Senator, Hoping to Make It New Elections Office
Virginian-Pilot – Peter Coutu and Marie Albiges | Published: 9/4/2019
Virginia Beach recently signed a lease worth nearly $3 million over the next decade to rent a building owned by state Sen. Bill DeSteph, raising conflict-of-interest questions for the local politician who is currently battling for re-election and used to serve on the city council. Officials had hoped to move the voter registrar’s office, and also set up an absentee voting location, in the space. The move to relocate absentee voting to that space is now on hold after the city council punted twice on deciding whether to change the address for the central precinct. But Virginia Beach leaders say they would still find another use for the building. Alex Keena, assistant professor of political science at Virginia Commonwealth University, called the senator’s connection “troubling,” describing it as the “ugly mingling of personal business interests and public political decisions.”
Washington – Some Corporate Donors Turn Away from Washington Rep. Matt Shea After Controversies
Seattle Times – Joseph O’Sullivan | Published: 9/3/2019
In recent years, PACs and large corporations have funded the bulk of Washington Rep. Matt Shea’s reelection campaigns. Perhaps unwittingly, those donors have bankrolled a campaign operation used by Shea to air his far-right views on a regular radio program, advance plans to secede from Washington by forming a 51st state, and even travel to “anti-terrorism” training. Shea is now subject of a House investigation to determine whether he planned or promoted political violence and the extent of his association with those involved in such activities. Several big contributors, including AT&T, BNSF, and the Washington Association of Realtors, have asked for their money back. Shea has no legal obligation to do so.
Washington DC – Corbett Price, Under Fire for Concealing Ethics Violation, Resigns from Metro Board
Washington Post – Fenit Nirappil and Robert McCartney | Published: 8/30/2019
Corbett Price resigned as the District of Columbia’s second voting board representative for the Washington Metropolitan Area Transit Authority (WMATA) following growing demands for his ouster over his attempts to conceal an ethics violation by council member and former WMATA board chairperson Jack Evans. An investigation by the transit agency found Evans had failed to disclose a conflict-of-interest arising from his private consulting work for Colonial Parking, the city’s largest parking company that was secretly paying his consulting firm $50,000 per year. Records show both Evans and Price, in addition to falsely stating that Evans was cleared of wrongdoing, badgered WMATA’s general counsel and maneuvered in other ways to prevent the findings from becoming public.
Washington DC – DC Government Contractor Gets Six Months for Illegal Contributions to DC Council Candidates
DC Post – Larry Hamilton | Published: 9/4/2019
Keith Forney was sentenced to six months in prison for making illegal campaign contributions to candidates for the District of Columbia Council. He also received a three-year suspended sentence for “committing fraud and perjury to illegally obtain contracting preferences.” Forney owns a general contracting company, He allegedly falsely stated that he lived at a Washington, D.C. address to obtain preference points for his company in bidding for city contracts.
August 30, 2019 •
News You Can Use Digest – August 30, 2019
National/Federal Barr Books Trump’s Hotel for $30,000 Holiday Party MSN – Jonathan O’Connell and David Fahrenthold (Washington Post) | Published: 8/27/2019 Attorney General William Barr will hold a family holiday party for 200 people at Trump International Hotel in December that […]
National/Federal
Barr Books Trump’s Hotel for $30,000 Holiday Party
MSN – Jonathan O’Connell and David Fahrenthold (Washington Post) | Published: 8/27/2019
Attorney General William Barr will hold a family holiday party for 200 people at Trump International Hotel in December that is likely to cost $30,000. Barr is paying for the event himself and chose the venue only after other hotels were booked, according to a Department of Justice official. The official said the purpose of Barr’s party was not to curry favor with the president. Barr holds the bash annually, and it combines holiday festivities and a cèilidh, a party featuring Irish or Scottish music. Barr’s decision to book his boss’s hotel marks the latest collision between Trump’s administration and his business, which the president no longer operates but from which he still benefits financially.
Could Take FEC a While to Regain a Quorum, But Don’t Expect a ‘Wild West’
Roll Call – Kate Ackley | Published: 8/28/2019
FEC Vice Chairperson Matthew Petersen announced he will be stepping down by the end of August. The departure leaves the FEC with only three out of six commissioners, which means the agency is one vote short of the minimum of four votes needed to initiate audits, engage in rulemaking, vote on enforcement matters, issue an advisory opinion, or hold meetings. Still, those who advise campaigns and donors, or focus on campaign finance law, say the 2020 campaigns will not be entirely without legal checks or public relations concerns. In 2008, the FEC lacked a quorum for a few months. A senior Senate GOP aide said despite an apparent lack of movement on the matter, there is an ongoing effort to fill all six FEC seats.
David Koch Leaves Behind Legacy of Dark Money Political Network
Roll Call – Kete Ackley | Published: 8/23/2019
David Koch, who helped pioneer a network of often surreptitious organizations aimed at influencing elections and public policy, leaves behind a legacy of “dark-money” groups and a volatile political landscape. Koch, one half of the Koch Brothers along with his older brother Charles, has died at age 79. Congressional and K Street insiders, whether they agreed with the Kochs’ libertarian-conservative ideology or fought it, agreed that David Koch left a lasting imprint on the nation’s politics. The Koch network, which includes such groups as Americans for Prosperity, helped to resuscitate the Republican Party after its losses in the 2008 presidential and congressional elections and helped give rise to the tea party movement.
Ethics Outcry as Trump Touts ‘Magnificent’ Doral for Next G7
AP News – Bernard Condon and Adriana Gomez Licon | Published: 8/26/2019
Watchdogs have long railed against the perils of Donald Trump earning money off the presidency and hosting foreign leaders at his properties. But they say Trump’s proposal to bring world leaders to his Miami-area resort for the next Group of 7 meeting takes the conflict-of-interest to a whole new level because, unlike stays at his Washington, D.C., they would have no choice but to spend money at his property. Trump’s pitch comes as several lawsuits accusing the president of violating the U.S. Constitution’s emoluments clause, which bans gifts from foreign governments, wind their way through the courts. It also comes as Doral, by far the biggest revenue generator among the Trump Organization’s 17 golf properties, appears to have taken a hit from Trump’s move into politics.
Facebook Tightens Political Ad Rules, But Leaves Loopholes
AP News – Barbara Ortutay | Published: 8/27/2019
Facebook said it would tighten some of its rules around political advertising ahead of the 2020 presidential election. The changes include a tightened verification process that will require anyone wanting to run ads pertaining to elections, politics, or big social issues like guns and immigration to confirm their identity and prove they are in the U.S. Beginning in mid-September, such advertisers confirm their group’s identity using their organization’s tax identification number or other government ID. A loophole that will allow small grassroots groups and local politicians to run political ads could continue to allow bad actors to take advantage of the process.
Joe Walsh Says Trump Is ‘Unfit’ to Be President. Some Say the Same About Him.
ENM News – Matt Stevens and Annie Karni (New York Times) | Published: 8/27/2019
Former U.S. Rep. Joe Walsh, now a conservative radio show host, is challenging President Trump for the Republican nomination on the basis that he represents an alternative to a president who is morally unfit to hold his office. But in the days since Walsh announced his bid, he has been forced to confront his own highly questionable behavior. As Walsh introduces himself to voters, his long trail of racist and anti-Muslim statements, voiced for years on his conservative radio show and on Twitter, have revealed more similarities with Trump than stark differences in views and temperament.
Kirsten Gillibrand Exits Presidential Race
Politico – Elena Schneider | Published: 8/28/2019
U.S. Sen. Kirsten Gillibrand ended her bid for the presidency. Gillibrand, who ran a distinctly feminist campaign, failed to meet the Democratic National Committee’s criteria for the September presidential debate. A statement released by her campaign cited her lack of “access to the debate” stage as a reason she decided to end her run. Gillibrand struggled to stand out of the sprawling, diverse Democratic primary field, which included five other women. Like other candidates languishing at single or near zero digits in national polling, Gillibrand was not able to pull off a breakthrough moment.
Obama Announces New Push in Fight Against Gerrymandering
HuffPost – Sam Levine | Published: 8/27/2019
A group backed by President Obama will send experts to train people across the country on the basics of redistricting as part an effort to fight excessive partisan gerrymandering. The new effort, called Redistricting U, comes as states are gearing up for the next round of map drawing, which will take place in 2021. The redistricting process, which takes just once per decade, is expected to be a brutal brawl for partisan advantage. The U.S. Supreme Court ruled in June that there were no constitutional limits on how severely states could manipulate district lines to benefit political parties.
Sen. Johnny Isakson to Resign at End of the Year
Politico – Burgess Everett | Published: 8/28/2019
U.S. Sen. Johnny Isakson is resigning at the end of 2019 in the face of mounting health problems, adding another competitive seat as Republicans look to defend their narrow majority in 2020. Isakson’s term runs through 2022, and Georgia Gov. Brian Kemp, under state law, is allowed to fill the vacant U.S. Senate seat. A special election will be held to fill the remaining two years of Isakson’s term during the next regularly scheduled election, meaning Georgia voters will cast ballots for both of the state’s Senate seats in 2020. The state has typically been safe conservative territory in recent years, but Democrats are increasingly optimistic about their ability to compete there. Democrat Stacey Abrams narrowly lost to Kemp in the gubernatorial election in 2018.
The Boss Can Tell You to Show Up for a Trump Rally
The Atlantic – Charlotte Garden | Published: 8/28/2019
When President Trump arrived in Pennsylvania to give a speech about energy policy at a Royal Dutch Shell plant, he had a ready-made audience comprised of workers who, it turns out, were paid to be there. The company suggested this event was simply a “training day” featuring a prominent guest speaker and offered that workers could take a day of paid time off instead of attending, which would mean they would lose overtime pay. That alternative may have been realistic for some workers, but others must have felt the only option was to attend the rally. Employers have a largely unconstrained ability to try to influence their workers’ political choices. Sometimes, employers and their lobbyists hope to benefit from workers’ legitimacy on issues that affect them by leveraging their voices in lobbying campaigns.
Trial of High-Powered Lawyer Gregory Craig Exposes Seamy Side of Washington’s Elite
ENM News – Sharon LaFraniere (New York Times) | Published: 8/26/2019
The most riveting aspect of the case against Gregory Craig, one of Washington, D.C.’s most prominent lawyers, is not his innocence or guilt. Rather, it is the depiction of the seamy world of power brokers like Craig that prosecutors have painted during testimony and in an array of court filings. Craig is charged with lying to investigators about the role of his law firm – Skadden, Arps, Slate, Meagher & Flom – in a public relations effort surrounding a report it created for former Ukrainian President Viktor Yanukovych. The details of the case include a $4 million payment shunted through a secret offshore account to Skadden and a bungled wiretap by a suspected Russian intelligence asset nicknamed “the angry midget.” They illustrate how lawyers, lobbyists, and public relations specialists leapt to cash in on a foreign government’s hopes of papering over its sordid reputation.
Trump’s Bank Has Tax Records Congress Is Seeking in Subpoenas Targeting the President’s Finances
MSN – Ann Marimow (Washington Post) | Published: 8/27/2019
President Trump’s biggest lender has in its possession tax records Congress is seeking in targeting the president’s financial dealings, the bank told a federal appeals court. The disclosure from Deutsche Bank came in response to a court order as part of a legal battle between Congress and the president over access to Trump’s business records. The revelation provides new details about the pool of possible documents Congress could eventually obtain. The House Financial Services and Intelligence committees have subpoenaed the banks for years of financial documents from the president, his three eldest children, and the president’s companies.
Trump’s ‘Chopper Talk’ Puts Media on the Defensive
Politico – Michael Calderone and Daniel Lippman | Published: 8/22/2019
As reporters shouted questions above the din of a helicopter’s churning engines, President Trump picked the ones he wanted and brushed past those he did not. The impromptu news conference near Marine One may have looked bizarre to veteran observers of the White House, but there is a method to the seeming madness. The “Chopper Talk” sessions, as comedian Stephen Colbert has dubbed them, serve multiple goals for Trump, insiders say. They allow Trump to speak more often in front of the cameras than his predecessors, yet on his own terms. He makes headline-ready pronouncements and airs grievances for anywhere from a few minutes to a half-hour, and then walks away when he has had enough. Trump’s freewheeling sessions have essentially replaced the formal White House press briefing.
Watchdog: Comey violated FBI policies in handling of memos
AP News – Eric Tucker | Published: 8/29/2019
James Comey violated FBI policies in his handling of memos documenting private conversations with President Trump in the weeks before he was fired as director of the bureau, the Justice Department’s inspector general said. The watchdog’s office said Comey broke FBI rules by giving one memo containing unclassified information to a friend with instructions to share the contents with a reporter. Comey also failed to notify the FBI after he was dismissed in May 2017 that he had retained some of the memos in a safe at home, the report said. But the inspector general also concluded none of the information shared with the reporter was classified.
Canada
Canada – ‘Show Up and Do Something’: Critics call on lobbying commissioner to act on Dion report
Hill Times – Samantha Wright Allen and Beatrice Paez | Published: 8/26/2019
Ethics Commissioner Mario Dion’s damning report on Prime Minister Justin Trudeau documented previously undisclosed interactions between SNC-Lavalin and the government during the embattled company’s pursuit of a deferred prosecution agreement, raising questions from critics about whether it was operating in full compliance with federal lobbying regulations or whether disclosure rules should change. Dion reported then-Attorney General Jody Wilson-Raybould faced political pressure to override a decision not to offer the company a remediation agreement that would spare SNC from a criminal trial, which could have barred the company from competing for federal contracts for 10 years. Dion ruled Trudeau improperly pressured Wilson-Raybould in violation of the Conflict of Interest Act, which bars high-level officials from furthering another person’s or entity’s private interests.
From the States and Municipalities
Alabama – Limestone County’s 10-Term Sheriff Arrested on Ethics, Theft Charges
AL.com – Ashley Remkus | Published: 8/22/2019
Limestone County Sheriff Mike Blakely was arrested on theft and ethics charges that include accusations of taking money from campaign and law enforcement accounts. Blakely was the subject of an investigation by the Alabama Ethics Commission, which last year found probable cause the sheriff violated state ethics law. The commission sent the case to the attorney general’s office for investigation. In 2018, Blakely amended a 2016 ethics disclosure form to show he received more than $250,000 from Tennessee lottery and gaming establishments.
Arkansas – State Bureau OK’d to Hire Legal Counsel; in Corruption Probe, It’s to Go with Firm It Used Before
Arkansas Democrat-Gazette – Hunter Field | Published: 8/23/2019
The Arkansas legislative staff intends to rehire a law firm to represent it in the face of increasing requests from federal investigators. The probe into public corruption involving Arkansas lawmakers started at least six years ago with reports of legislators directing state General Improvement Fund grants to two nonprofits, a small college, and a substance abuse treatment center in exchange for kickbacks. The probe expanded to include lobbyists and former executives of a Missouri nonprofit, Preferred Family Healthcare, accused of paying bribes to Arkansas legislators in exchange for laws or state regulations favorable to their businesses. Also caught up was a former administrator of a youth lockup, accused of hiring a state legislator who was an attorney to perform political favors.
California – Will Letting Bars Stay Open Late Help Gavin Newsom? He’ll Soon Act on Bills Affecting His Company
Sacramento Bee – Sophia Bollag | Published: 8/27/2019
California Gov. Gavin Newsom, whose investments in the hospitality industry made him a millionaire, put his holdings in a blind trust after winning last year’s governor’s race. As a new officeholder, he issued an executive order forbidding state executive branch agencies from doing business with PlumpJack Group, the company he founded. Ethics experts say Newsom has done all he can short of selling his holdings to insulate himself from potential conflicts-of-interest. But as the state Legislature enters its final weeks for the year, Newsom will find himself faced with decisions about bills that could affect his bars, restaurants, and hotels. Experts say he will still face potential conflicts as long as he owns them.
Florida – In Campaign Shaded by #MeToo Claims, Former Commissioner Faces Man She Accused
Miami Herald – Martin Vassolo | Published: 8/22/2019
If all politics is personal, what is happening in Miami Beach appears to have gone beyond the pale. Kristen Rosen Gonzalez and Rafael Velasquez are running against each other this year for a seat on the Miami Beach City Commission, offering a unique glimpse at the dynamics of a post-#MeToo political campaign. Rosen Gonzalez had been helping Velasquez campaign for the commission in 2017 when she went public with her accusations that Velasquez exposed himself to her. Prosecutors declined to charge Velasquez and found evidence that conflicted with Rosen Gonzalez’s account, but did not pursue a counterclaim that she had fabricated the allegations.
Florida – State Senate Resolves Complaint Against NRA’s Top Lobbyist in Florida
Miami Herald – Jim Turner (News Service of Florida) | Published: 8/23/2019
The Florida Senate closed an investigation into NRA lobbyist Marion Hammer, instructing her to amend disclosure reports but not issuing any sanctions. She was accused of failing to divulge hundreds of thousands of dollars in payments she received from the NRA as required by the law. Hammer received $979,000 from the NRA from 2014 to 2018. As the director of the pro-gun group Unified Sportsmen of Florida, Hammer earns an annual salary of $110,000. That organization has been receiving $216,000 a year in funding from the NRA. Legislative officials said Unified Sportsmen’s lobbying reports should be amended to reflect its relationship with the NRA and the funding it has received. Hammer was directed to amend lobbyist registrations to reflect she was employed by Unified Sportsmen of Florida to represent the NRA.
Kentucky – Lexington Real Estate Executive Charged with 16 Campaign Finance Violations
Lexington Herald-Leader – Beth Musgrave | Published: 8/27/2019
A Lexington business executive was indicted by a Fayette County grand jury for 16 violations of Kentucky’s campaign finance law. Timothy Wayne Wellman was charged for allegedly giving campaign contributions to straw donors and then reimbursing those contributors after the donations were made. State law prohibits individuals from giving more than $2,000 per election cycle. He was indicted in June on nine federal counts of allegedly lying and instructing others to lie about campaign contributions to Lexington-Fayette Urban County Council candidates during the May 2018 primary.
Maine – Inside Susan Collins’ Reelection Fight in the Age of Trump
Politico – Burgess Everett | Published: 8/26/2019
U.S. Sen. Susan Collins is facing the race of her life despite her universal name recognition and bipartisan reputation. President Trump is targeting Maine as a battleground while his divisive politics has cleaved the state in two, and Collins shares the ticket with him. National Democrats, meanwhile, are backing Sara Gideon as her likely opponent, a battle-tested statehouse speaker who raised more than $1 million in the week after her launch. Projected to be the most expensive in Maine’s history, the race is of imperative importance for party leaders and the Senate institution itself. With scarce opportunities elsewhere, Senate Democrats essentially need Gideon to win to gain a minimum of three seats and the majority. In the Senate, a Collins loss would be a potentially fatal blow to the reeling center of the chamber.
Maryland – Maryland Horse Racing Commission Dominated by Industry Players. They Manage Cash Awards – and Win Them.
Baltimore Sun – Doug Donovan | Published: 8/22/2019
State law for three decades has allowed no more than four members of the nine-seat Maryland Racing Commission to “have a financial interest” in horse racing. But today, six commissioners have a financial stake in the sport and five of them own or breed racehorses that are eligible to receive cash bonuses from an incentive program established to bolster Maryland’s equine industry, The Baltimore Sun found. All five have participated in decisions determining the size of the awards despite a state ethics opinion that some believe prohibits regulators from voting on matters that could benefit their interests.
Massachusetts – Lobbyist Caught Up in State Police Case Is Known for Her Edge on Beacon Hill
Boston Globe – Matt Stout | Published: 8/22/2019
To federal authorities, Anne Lynch was a willing partner in a complex bribery scheme allegedly intended to benefit herself and the head of a State Police union. To the Massachusetts Movers Association, however, she was organized and thorough, and in the nearly 10 years she managed the trade group, she showed she would not be taken lightly. Her blunt approach made her a longtime, if not high-profile, player in various industry circles on Beacon Hill, where she evolved from managing the day-to-day business of trade associations to running a lobbying firm paid hundreds of thousands to push the interests of dozens of organizations. That included the powerful state troopers union, with whose president, authorities alleged, the work veered into something criminal.
Michigan – Candidate Who Wanted City as White ‘as Possible’ Withdraws from Council Race in Michigan
USA Today – Jackie Smith (Port Huron Times Herald) | Published: 8/26/2019
A city council candidate in Michigan whose racist comments have garnered nationwide attention has formally withdrawn from the race. Marysville Mayor Dan Damman said Jean Cramer submitted a letter withdrawing three days after he called for her to do so. During a city election forum, Cramer had been the first to respond to a question about attracting foreign-born residents to the community when she responded: “Keep Marysville a white community as much as possible. In a follow-up question from a reporter after the event, Cramer confirmed her beliefs. Her name will still appear on the November 5 ballot.
Michigan – Former State Rep. Todd Courser Pleads No Contest to Willful Neglect of Duty
MLive.com – Julie Mack | Published: 8/28/2019
Former Michigan Rep. Todd Courser pleaded no contest to willful neglect of duty by a public officer, a misdemeanor related to the 2015 scandal that forced him out of office. The misconduct involves soliciting a state employee to send out a false email. Soon after he was elected in 2014, Courser became the focus of a sex scandal involving his affair with then state Rep. Cindy Gamrat. To cover up the affair, he asked an aide to share an email containing outlandish allegations against him so rumors of his affair with Gamrat would pale in comparison and not be believed. A House investigation found the lawmakers “abused their offices” by directing staff to facilitate their affair, and they also blurred lines between official and political work.
Michigan – ‘There’s a Gray Area’: Campaign finance experts weigh in on Inman bribery case
Michigan Advance – Nick Manes | Published: 8/21/2019
To campaign finance watchdogs, the word “corruption” may be getting more difficult to legally define, but the case against indicted Michigan Rep. Larry Inman appears to be a near-textbook example. Richard Hall, a professor of public policy and political science at the University of Michigan, was blunt in his assessment of the text messages allegedly sent by Inman to union officials seeking campaign contributions in exchange for a vote against prevailing wage repeal. “As a student of campaign finance law, I don’t know how this case doesn’t meet the standard of causing the appearance of corruption,” Hall said. But Craig Mauger, executive director of the Michigan Campaign Finance Network, said the case against Inman gets into murky territory regarding the difference between campaign donations and bribes.
Montana – Group Files Challenge to Bullock’s Executive Order on ‘Dark Money’ and State Contracts
Helena Independent Record – Holly Michels | Published: 8/28/2019
The Illinois Opportunity Project asked a federal judge to strike down Montana’s nearly year-old policy that requires certain businesses seeking contracts with the state to disclose donors and spending on elections. Gov. Steve Bullock signed an executive order saying that to receive a state contract, an organization must report its political contributions. The order extends to so-called social welfare nonprofit organizations that, under campaign finance laws, do not have to disclose their donors. It applies to groups that have spent more than $2,500 over the past two-year cycle and is for contracts of more than $50,000 for goods or $25,000 for services.
New Hampshire – Trump’s Revival of Claim of Voting Fraud in New Hampshire Alarms Some State Republicans
Savannah Morning News – Amy Gardner (Washington Post) | Published: 8/29/2019
It was one of the first claims President-elect Donald Trump made about voter fraud in the wake of his 2016 victory: that his close loss in New Hampshire was propelled by thousands of illegal ballots cast by out-of-state voters. Trump’s revival of that false assertion as he ramps up his reelection campaign is now alarming some New Hampshire Republicans, who fear the president’s allegations could undermine confidence in next year’s election. Shortly after his inauguration, the president announced plans for a commission to investigate alleged voter fraud, which ended up disbanding barely a year later with no findings. With his reelection campaign now underway, Trump has returned to the topic.
New Jersey – Booker’s Mayoral Campaign Profited from Corrupt Newark Agency, Jailed Official Told
Newark Star Ledger – Karen Yi (NJ Advance Media) | Published: 8/28/2019
The former director of the agency that once managed Newark’s water told federal investigators in 2015 that she pressured vendors to make campaign contributions to then-Mayor Cory Booker and his political friends, new court records show. Linda Watkins-Brashear, who is currently serving an eight-year sentence for soliciting bribes in exchange for no-show contracts, said a Booker ally at the Newark Watershed Conservation and Development Corp. set a donation goal for vendors who usually bought $500 fundraising tickets without question. The records raise new questions about Booker’s record as mayor of Newark, a tenure that was a springboard to his successful U.S. Senate campaign and his current bid to win the Democratic Party nomination for the presidency. Booker has said he was unaware of the corruption that eventually led to the agency’s downfall.
New Jersey – Phil Murphy Says Fired Worker’s Social Media Posts Offensive, Declines Hiring Questions
Bergen Record – Dustin Racioppi | Published: 8/22/2019
After two days of silence since his administration fired an employee for his ant-Semitic social media posts, New Jersey Gov. Phil Murphy refused to say who hired Jeffrey Dye and whether he personally knew of Dye’s criminal history. Murphy may continue to face questions about Dye, just as he has about other people with questionable backgrounds who were hired by his administration. The governor and his top-ranking officials were unable to answer who had hired Al Alverez at the Schools Development Authority last year even though Alvarez had been accused of sexual assault, an allegation he denies and for which he was never charged. Murphy has also refused to say whether he knew about a top aide’s connection to a campaign finance scandal in Bermuda.
New York – A Lobbyist Gave $900,000 in Donations. Whose Money Is It?
EMN News – J. David Goodman (New York Times) | Published: 8/26/2019
Since 2014, David Rich has doled out more than 200 campaign contributions totaling over $900,000. Rich is not a billionaire; he is the in-house lobbyist for the Greater New York Hospital Association, the state’s most powerful hospital and health system trade association. His contributions go to Democratic and Republican candidates alike, and the donations have one thing in common: they seem to line up with the interests of his employer. Although the nonprofit hospital association is free to make political contributions without an annual cap, it gives nothing to individual candidates, essentially allowing Rich’s personal donations to speak for the organization. That setup seems structured to enhance the profile and influence of Rich, who is responsible for the association’s federal, state, and local advocacy.
North Carolina – ‘Horrific Abuse of Office’: Wanda Greene gets 7 years for wide-ranging corruption
Ashville Citizen Times – Jennifer Bowman, John Boyle, and Mackenzie Wicker | Published: 8/28/2019
Calling her the “architect” of a culture of corruption in Buncombe County, a federal judge sentenced former top administrator Wanda Greene to seven years in prison for wide-ranging corrupt activity that she committed while heading one of North Carolina’s fastest-growing counties. She was ordered to also pay a $100,000 fine. Greene admitted to using county-issued credit cards to make thousands of dollars of personal purchases. She also admitted to fraudulently claiming Buncombe County as her own business on tax forms and used money set aside for settling a civil rights lawsuit to instead buy valuable life insurance policies for herself and other employees. Prosecutors say their investigation into Buncombe County corruption is ongoing.
North Carolina – Two Candidates for Governor Can Take Unlimited Donations. One Can’t.
Durham Herald-Sun – Colin Campbell | Published: 8/27/2019
A provision in a North Carolina law is allowing wealthy donors to make unlimited contributions that are being funneled into the two leading campaigns for governor, finance records show. Gov. Roy Cooper and Lt. Gov. Dan Forest have benefited from Council of State affiliated party committees, which allows them to solicit and accept donations of any size in collaboration with other statewide elected office holders from their party. The money is then used to purchase core services such as advertising and consultants for the contenders’ main campaign organizations. It is an advantage that the third candidate in the race, Rep. Holly Grange, does not have because all of her supporters are limited to the $5,400 maximum contribution.
Oklahoma – A Senator’s Lake House vs. a Town Fighting Flooding
MSN – Sarah Mervosh (New York Times) | Published: 8/27/2019
For years, the town of Miami, Oklahoma, has fought a losing battle against a wealthy neighboring community near Grand Lake, a popular vacation spot, where high water makes for better boating but leaves little room for overflow when it rains. With heavy rains this year, the city of Miami and local Native American tribes say they were again left to pay the price when floodwater clogged upstream, damaging their homes, businesses, and ceremonial grounds. Now, the battle has escalated to the halls of Congress, after one of the lake’s residents, U.S. Sen. James Inhofe, got involved. After decades of debate, local leaders had pinned their hopes on a rare chance to ask a federal agency to help stop the flooding. But Inhofe, who is known to swim and fly planes around the lake, introduced legislation that would hamstring that agency.
Pennsylvania – Woman Who Accused Ex-Pa. Lawmaker of Rape ‘Credible,’ But No Charges Will Be Brought, DA Says
Philadelphia Inquirer – Angela Couloumbis and Brad Bumsted | Published: 8/26/2019
Dauphin County District Attorney Fran Chardo said he believed a woman who accused a onetime Pennsylvania legislator of rape was “credible,” but it was not in the public interest to prosecute. Chardo, who investigated the sexual assault allegations against former state Rep. Brian Ellis, said a grand jury recommended no criminal charges but suggested ways to strengthen the Legislature’s policies on investigating sexual misconduct. He said there were complications to the case, including the woman’s inability to recall what happened the night of the alleged assault – she has said she believes she was drugged, which resulted in memory loss – as well as Ellis’ decision to invoke his right not to testify before the grand jury. “This whole experience has changed me fundamentally as a human being,” the accuser said in an interview. “It’s not just what happened to me, it’s the whole process.”
Texas – Local City Councilman’s One-Finger Salute Stirs Controversy
KWTX – Chelsea Edwards | Published: 8/22/2019
Copperas Cove Councilmember Charlie Youngs was caught on camera sticking his middle finger up while colleague Kirby Lack was talking during a meeting. Youngs said he should not have made the obscene gesture, and said he was actually flipping off someone in the audience who threatened to hurt him last December. Lack said if Youngs does not resign by the next council meeting, he is taking the issue up with the Texas Ethics Commission.
Texas – Michael Quinn Sullivan’s Secret Audio of Texas House Speaker Blurs Line Between Journalism, Activism
Dallas News – Rebekah Allen | Published: 8/22/2019
For the past month, Michael Quinn Sullivan has been the narrator of this year’s most explosive Texas political firestorm. On his website the Texas Scorecard, Sullivan broke the news of a scandal involving state House Speaker Dennis Bonnen, which forced the lawmaker to publicly apologize for trashing his colleagues in a secret meeting. Sullivan boats that he is a watchdog, shedding light on politicians behaving badly. At the same time, he refuses to release his exclusive recording of his meeting with Bonnen. For years, Sullivan has been fighting to operate on this knife’s edge, one where he can freely continue his work influencing lawmakers and donating money to candidates, while labeling himself a member of the media.
Washington DC – The Little Firm That Got a Big Chunk of D.C.’s Lottery and Sports Gambling Contract Has No Employees
Washington Post – Steve Thompson | Published: 8/28/2019
The Greek company Intralot, which received a $215 million contract to bring sports gambling to the District of Columbia and to continue running its lottery, says more than half the work will go to a small local firm, a condition that helped the gaming giant win the no-bid contract. The firm, Veterans Services Corp., will “perform the ENTIRE subcontract with its own organization and resources,” according to a document signed by an Intralot executive. City law requires companies with large public contracts to subcontract some work to small local businesses to grow the local economy. But Veterans Services appears to have no employees, according to interviews and records. Until recently, the company’s website touted executives who did not work there.
West Virginia – Is It Unconstitutional to Sleep in Your Home? For a Governor, Perhaps
New York Times – Campbell Robertson | Published: 8/22/2019
For over a year in West Virginia courtrooms, and longer than that among lawmakers and pundits, a debate has been bubbling about where the state’s governor spends his nights. Not that the facts are in much dispute: Most everyone concurs that Gov. Jim Justice does not spend them in Charleston, the capital. The question is whether that arrangement is allowed. The debate returned to court for a hearing in a lawsuit brought by a Democratic lawmaker. The suit, which seeks a court order requiring the Republican governor to reside in Charleston, is based on a clause in the West Virginia Constitution, which declares that all state executive officials except for the attorney general shall “reside at the seat of government during their terms of office.” The argument about the governor’s residence is the tip of a much larger and broader debate over his tenure.
August 23, 2019 •
News You Can Use Digest – August 23, 2019
National/Federal Cherokee Nation Sending First-Ever Delegate to Congress Newsweek – K Thor Jensen | Published: 8/20/2019 The Cherokee Nation is appointing its first delegate to Congress. Two Native American tribes, the Cherokee and the Choctaw, are both granted the right to […]
National/Federal
Cherokee Nation Sending First-Ever Delegate to Congress
Newsweek – K Thor Jensen | Published: 8/20/2019
The Cherokee Nation is appointing its first delegate to Congress. Two Native American tribes, the Cherokee and the Choctaw, are both granted the right to send delegates to the House of Representatives. The Choctaw still have not exercised that right, but the Cherokee are in the process of sending their first: Lobbyist Kimberly Teehee, who served as President Obama’s senior policy advisor for Native American affairs. Representation in the federal government is increasingly important for many Native Americans who are worries about the Keystone XL pipeline and other encroachments on tribal lands, as well as enduring poverty, health issues, and infrastructure problems.
Do Trump Officials Plan to Break Centuries of Precedent in Divvying Up Congress?
National Public Radio – Hansi Lo Wang | Published: 8/14/2019
Since the first U.S. census in 1790, the Constitution has called for a head count every 10 years of “persons” living in the U.S. to determine the number of congressional seats each state gets. The counts have always included both citizens and noncitizens, regardless of immigration status, although the history of who was counted and how is complicated. In recent weeks, however, the Census Bureau’s director, Steven Dillingham, has not been able to provide a clear answer as to whether citizenship will be factored into apportionment after the 2020 census. Alabama Attorney General Steve Marshall argue the Census Bureau should exclude unauthorized immigrants from numbers used for apportionment because the framers did not intend for immigrants living in the U.S. without authorization to be included among the “persons” described in the Constitution.
F-bombs Away: Why lawmakers are cursing now more than ever
The Hill – Judy Kurtz | Published: 8/19/2019
Profanity, once considered a major no-no among those seeking public office, is no longer an earth-shattering political snafu. And according to new research, this year could be on track to see members of Congress swearing up a storm more than ever before. GovPredict, a government relations software company, found the frequency of lawmakers using four-letter words has increased steadily since 2014. A 2012 Forbes opinion piece asked readers, “When Can a Politician Use Profanity, If Ever?” But these days, look no further than countless congressional social media accounts and political rallies for R-rated language.
FEC Chairwoman: Penalty ‘slashed’ for ex-congressman who used leftover campaign money to lobby
Roll Call – Emily Kopp | Published: 8/19/2019
Former U.S. Rep. Cliff Stearns, who diverted leftover campaign money towards dinners and dues at a private club outside of the Capitol just as he began to lobby his former congressional colleagues will only have to pay back a fraction of the funds he misused. The FEC stalemated in a vote over whether to issue a more severe fine, one that would hold him personally liable. The outcome comes as the FEC begins cracking down on so-called zombie campaigns, pots of campaign donations that live on long after the candidate has vacated office. But the small fine shows the limitations of the FEC under its current structure, campaign finance experts say.
Industry Flexes Political Muscle in States to Criminalize Aggressive Pipeline Protests
Insurance Journal – Jennifer Dlouhy (Bloomberg) | Published: 8/20/2019
After protesters disrupted construction of an oil pipeline in North Dakota by chaining themselves to construction equipment and pitching tents along the route, oil and chemical companies found a way to keep it from happening again – they made it a crime. The companies, including Koch Industries, lobbied state Legislatures to effectively outlaw demonstrations near pipelines, chemical plants, and other infrastructure. Nine states have gone along so far, in some cases classifying the activities as felonies. More are considering legislation. The lobbying campaign has raised concerns about corporate influence muzzling free speech. Industry representatives portray their efforts as a necessary counter to the increasingly aggressive tactics of activists.
Inspector General Finds Politically Motivated Harassment at State Department
Washington Post – Karen DeYoung | Published: 8/15/2019
A report by the State Department’s inspector general concludes that leadership of a leading department bureau mistreated and harassed staffers, accused them of political disloyalty to the Trump administration, and retaliated against them. In response to repeated counseling by more senior State officials that he address staff concerns, the report concluded, Kevin Moley, assistant secretary for international affairs, “did not take significant action.” The report is a sweeping condemnation of Moley and more specifically of his former senior adviser, Mari Stull. A former lobbyist and consultant for international food and agriculture interests, Stull left the department in January following press reports that, among other things, she had compiled a list of staffers deemed insufficiently loyal to the Trump administration.
These Political Super Fans Turn Their Activism into Collector’s Items
CNBC – Yelena Dzhanova | Published: 8/17/2019
Leslie Zukor is such a Bernie Sanders super fan that she has more than 500 pieces of campaign merchandise and memorabilia dedicated to the presidential hopeful. Buttons make up 80% of her collection, but she has plenty of more offbeat items, too – including 10 custom puppets modeled after Sanders. Each cost her between $100 and $500. Zukor says she has spent over $1,000 on Sanders campaign merchandise this year alone. While that may sound like a lot to people who are not politics junkies, it pales in comparison to what some other hardcore collectors spend. These people often have tens of thousands of political items in their collections and belong to national groups such as the American Political Items Collectors.
Trump Wields Power Against Political Enemies
Beaumont Enterprise – Toluse Olorunnipa (Washington Post) | Published: 8/15/2019
By pressuring the Israeli government to bar entry by two members of Congress, President Trump once again used the power and platform of his office to punish his political rivals. It is a pattern that has intensified during the first two and a half years of Trump’s presidency, as he has increasingly governed to the tune of his grievances. Taken as a whole, Trump’s use of political power to pursue personal vendettas is unprecedented in modern history, said Matthew Dallek, a political historian who teaches at George Washington University.
Washington Gov. Jay Inslee to Announce Run for 3rd Term
AP News – Rachel LaCorte | Published: 8/22/2019
Washington Gov. Jay Inslee, who has ended his climate change-focused 2020 presidential bid, is set to announce he will seek a third term as governor. He is the third Democrat to end his presidential bid after U.S. Rep. Eric Swalwell of California and former Colorado Gov. John Hickenlooper withdrew. While Inslee had qualified for the first two presidential debates this summer, he struggled to gain traction in the crowded field and was falling short of the requirements needed to appear on two high-profile stages: the third debate in Houston and a CNN town hall focused on climate change, Inslee’s key issue. He had recently hit one of the markers of 130,000 unique donors. But he had yet to reach 2% in any poll and would have needed to hit that level of support in four qualifying polls.
From the States and Municipalities
Arkansas – Orthodontist Accused of Bribing Former Arkansas Lawmaker
Courthouse News Service – Erik De La Garza | Published: 8/19/2019
A Florida-based orthodontist who operates several clinics in Arkansas was charged in a bribery and fraud scheme involving disgraced former state Sen. Jeremy Hutchinson, who pleaded guilty in June for his role in the conspiracy. The 15-count indictment accuses Benjamin Burris with paying approximately $157,500 in kickbacks in part for Hutchinson to take official action as a state legislator to benefit the orthodontist and his companies. Prosecutors say the payments were disguised as retainer payments and funneled through Hutchinson’s law firm. Burris also allegedly gave Hutchinson gifts, including free orthodontic services for his family and the use of a private plane to travel to a college football game.
Arkansas – Panel Cautions Firms Over Lobbying Arkansas Sheriffs
Arkansas Democrat-Gazette – Hunter Field | Published: 8/17/2019
The Arkansas Ethics Commission issued public letters of caution to four jail services companies for failing to properly report contributions to the Arkansas Sheriffs’ Association. The companies settled with the commission, agreeing they violated state laws by failing to register as lobbyists and failing to report lobbying expenses. But several said they disagree with the commission’s conclusions. They also questioned whether the commission’s findings would have a negative impact on corporate sponsorships of all type of government-related trade associations. The companies sponsored meals and a fishing tournament for the association that were attended by “sheriffs and other public servants,” according to the Ethics Commission.
California – Anaheim Mayor Sidhu Pays Off 2016 Assembly Debt by Fundraising While Mayor
Voice of OC – Spencer Custodio | Published: 8/20/2019
Anaheim Mayor Harry Sidhu paid off 2016 California Assembly campaign debts and put a dent in his 2018 mayoral campaign debt after fundraising since December in both campaign committees. It is a move some experts said is an example of loopholes in campaign finance regulations. Fair Political Practices Commission spokesperson Jay Wierenga, speaking generally and not specifically about Sidhu’s campaign finances, said double fundraising is not illegal. “… Generally speaking, it is permissible to have multiple committees open at once, but each committee must be used only for expenses associated for that election,” Wierenga wrote in an email.
California – Cal Channel to End Broadcasting After Three Decades
Capitol Weekly – Jessica Hice | Published: 8/15/2019
The California Channel, a decades-old public broadcaster that has historically provided on-demand video access to the Legislature, the state Supreme Court, and the Capitol community, will cease operations in October. Supported by the California Cable and Telecommunications Association since 1993, it is one of the few services that offer one-on-one interviews with all candidates for the state’s elected offices. The Cal Channel has long been viewed as the state’s version of C-SPAN. Cal Channel President John Hancock says the decision to end broadcasting was due in part to the passage of Proposition 54, which requires the Legislature to make audio and visual recordings of its legislative proceedings public within 72 hours. The Legislature has its own television and radio services that cover politicians and send stories to their districts.
California – Oakland Coliseum Authority CEO Sought $50,000 Payment from RingCentral for Naming Rights Deal
San Jose Mercury News – David Debolt | Published: 8/21/2019
Scott McKibben, the former chief executive officer of the Oakland-Alameda County Coliseum Authority, sought a $50,000 fee from RingCentral for helping the company negotiate a stadium naming rights deal with the public agency he oversees, a possible violation of state conflict-of-interest law. Invoices show McKibben billed the company for the consultant fee as part of the three-year deal worth $3 million to rename the stadium where the Oakland A’s and Raiders play. McKibben resigned while still under contract to the authority a day after the board held a closed-door meeting to discuss the matter.
California – While He Was Illegally Lobbying, Former L.A. Official Was Also Getting Paid by City Hall
Los Angeles Times – David Zahniser and Emily Alpert Reyes | Published: 8/20/2019
Michael LoGrande, the former head of the Los Angeles Department of City Planning, admitted he violated the city’s “revolving door” law, which prohibits high-level officials from lobbying elected officials, managers, and other decision-makers during their first 12 months after leaving city employment. LoGrande left his government job in January 2016 after spending more than five years running the department, which reviews real estate development projects. Within a few months, he was lobbying planning department officials on behalf of the clients he had picked up while operating his new land-use consulting business. The Los Angeles Ethics Commission voted to fine LoGrande $281,250, the largest penalty levied against a current or former city employee.
Colorado – Aurora City Council Approves New Ethics Law, Opposes Lobbying Registration
Colorado Sentinel – Kara Mason | Published: 8/20/2019
Despite taking other legislative steps toward greater transparency, a majority of Aurora City Council members decided against an ordinance mandating lobbyists register if working in the city. Several city council members cited concerns of who would qualify as a lobbyist and whether non-profit organizations attempting to seek influence on the city council would be required to register under the proposed rules. The council approved a new ethics code, which tasks an independent panel of judges with investigating complaints, prohibits the mayor and city council members from accepting gifts valued more than $300, and prevents council members from engaging in conflicts-of-interest.
Colorado – Gravel Pit Permit Must Be Reheard Because of Contributions to Larimer County Commissioner’s Campaign Before Vote
Colorado Sun – Sandra Fish | Published: 8/22/2019
Advocates for limiting contributions to political campaigns often cite the potential for large sums of money to influence decisions by public officials. But rarely do allegations of conflicts-of-interest related to campaign cash result in action against elected officials and their donors. That changed in Colorado when a judge ruled Larimer County Commissioner Tom Donnelly should have recused himself from voting on a controversial plan to mine gravel near a residential development in 2018 because he received $10,000 in campaign money from the owners of the mining company two years before. Observers as well as lawyers on both sides of the case say such a decision is unusual.
Connecticut – Ernie Newton Pleads Guilty to Three Campaign Finance Charges, Avoids Jail; Six-Year Prosecution Ends
Hartford Courant – David Owens | Published: 8/21/2019
Ernie Newton, the former state senator and now a Bridgeport City Council member, pleaded guilty to three felony campaign finance violations, but avoided prison. The guilty pleas and an 18-month suspended jail sentence close a nearly seven years of litigation over allegations that Newton received illegal contributions in order to qualify for more than $80,000 in public financing for a 2012 state senate run he ultimately lost. He initially faced campaign finance violations and two counts of first-degree larceny as a result of an investigation by the State Elections Enforcement Commission. A jury convicted Newton of three campaign finance violations but could not reach verdicts on the other charges.
Connecticut – Hartford Athletic Soccer CEO Bruce Mandell Pays $45,000 Fine for Illegal Campaign Contributions
Hartford Courant – John Lender | Published: 8/21/2019
Hartford Athletic Chief Executive Officer Bruce Mandell paid a $45,000 fine to the State Elections Enforcement Commission for making illegal campaign contributions in 2018, many of them in the names of his wife and their college-age daughter, to Republican gubernatorial candidate Bob Stefanowski, the state GOP, and others. The violations included exceeding the limit for an individual contribution to a candidate or committee; making “straw donations” in the name of another person; using “business assets” to make contributions; and making a contribution as a “prospective state contractor,” a practice that is banned under state clean-election laws.
Florida – This Secretive Group Is Trying to Create Barriers to Amending Florida’s Constitution
Miami Herald – Mary Ellen Klas | Published: 8/19/2019
A secretive organization with the goal of thwarting amendments approved by voters after the 2020 election cycle has spent more than $800,000 on paid petition gatherers in the last four months, using funds from undisclosed sources and raising the specter of another high stakes fight over the future of energy regulation in Florida. The group calls itself Keep Our Constitution Clean and says its purpose is to keep the state’s premier legal document uncluttered by special interest measures. But activists involved in other petition drives say they believe the group is linked to the utility industry, which is opposing a proposed amendment that would deregulate the state’s monopoly utilities.
Hawaii – Critics Question Former Council Chair’s Ties to North Shore Project
Honolulu Civil Beat – Cristina Jedra | Published: 8/20/2019
One of the last actions Ernie Martin took as Honolulu City Council chairperson last year was to recommend approval for a development that had been plagued by permit violations and community complaints. By the time the permit was reviewed and approved in November, Martin had accepted $9,450 in congressional campaign contributions from developers associated with the Hanapohaku LLC project and their family members. Immediately upon leaving office, he got a job at the law firm that represents Hanapohaku. Opponents of the development are crying foul over what they believe to be a conflict-of-interest.
Illinois – Report Finds Sexual Harassment, Inappropriate Behavior and Bullying Widespread in Springfield; House Speaker Michael Madigan Takes Responsibility ‘for Not Doing Enough’
Chicago Tribune – Dan Patrella and Ray Long | Published: 8/20/2019
An outside investigation into sexual harassment and bullying within Illinois House Speaker Michael Madigan’s office and his Democratic caucus found people across the Capitol repeatedly have been subjected to sexual harassment or other inappropriate behavior. The report found Madigan’s former chief of staff, Tim Mapes, made inappropriate comments to a staffer but uncovered insufficient evidence to conclude that state Rep. Lou Lang, a former top Madigan lieutenant, sexually harassed a lobbyist. The report notes that allegations of harassment and other bad behavior are not limited to the speaker’s office or the House Democratic caucus.
Indiana – Rep. Dan Forestal Threatened Cops’ Jobs, Impersonated Police and Tried to Buy Cocaine, Police Say
Indianapolis Star – Ryan Martin and Chris Sikich | Published: 8/14/2019
Indiana Rep. Dan Forestal threatened to use his power to punish police officers who pulled him over, according to a police report, which also accused the lawmaker of trying to buy cocaine, impersonating law enforcement, struggling with officers, and drunken driving. A wife and husband told police they were outside their home when Forestal drove up in his car. According to the police report, Forestal told them: “I’m a legit officer doing a drug bust and today is the last day before the feds descend and start kicking in doors.” It is not clear from the report why Forestal approached this particular home.
Maryland – Baltimore City Council Passes New, Tighter Ethics Rules after Pugh Scandal
Baltimore Sun – Luke Broadwater and Ian Duncan | Published: 8/19/2019
The Baltimore City Council passed new, tighter ethics regulations in the aftermath of the self-dealing scandal and resignation of former Mayor Catherine Pugh. The bill requires people filing financial disclosure forms to list all directorships they hold, not just those at entities that do business with the city. Pugh resigned after collecting some $800,000 to produce her self-published “Healthy Holly” children’s books. The University of Maryland Medical System, which she helped oversee as a board member, paid her $500,000. Pugh also accepted payments from other entities that she approved to do business with the city. The bill is the first piece of ethics reform legislation to pass the council since the scandal.
Massachusetts – Feds Say Former Mass. State Police Union Head Dana Pullman Used Union as His ‘Personal Piggy Bank,’ to Fund Trips, Meals and Romantic Affair
MassLive – Michelle Williams | Published: 8/21/2019
Dana Pullman, former president of the Massachusetts State Police union, and the group’s former lobbyist, Anne Lynch, were arrested for what prosecutors say was a scheme to garner kickbacks and misappropriate union funds. Prosecutors said Pullman tapped union funds for personal expenses including gifts for someone he was having a romantic relationship with and collected kickbacks from Lynch for steering business to her firm. In one instance, Pullman allegedly got his union treasurer to issue a $250,000 check to Lynch’s firm for work it did in negotiating a settlement with the state to compensate troopers who had worked on days off. After the firm was paid, Lynch allegedly wrote herself a $50,000 check from the company’s account, then made a check out to Pullman’s spouse for $20,000, which was falsely classified as a payment for consulting work.
Michigan – Michigan Panel Puts Brakes on $1.1M Trucking Grant after Free Press Report
Detroit Free Press – Paul Egan | Published: 8/13/2019
The Michigan State Administrative Board put the brakes on a $1.1-million safety education grant to an arm of the Michigan Trucking Association, the lobbyist for the trucking industry. The board, which is normally a rubber stamp for state contracts and grants that are already in the pipeline, took the unusual action after The Detroit Free Press reported the Michigan Center for Truck Safety, a nonprofit agency housed inside the offices of the trucking association, has received about $8 million in such grants since 2012, funded by truck registration fees. The Free Press reported the center uses some of the grant money to pay the trucking association tens of thousands of dollars in rent and other expenses, and a monitoring report found the center had received reimbursement from the state for close to $300,000 in impermissible expenses.
Mississippi – Four Louisiana Men to Plead Guilty in Mississippi Bribe Scheme
AP News – Jeff Amy | Published: 8/18/2019
Four Louisiana men say they will plead guilty to charges they tried to bribe a Mississippi sheriff with $2,000 in casino chips, seeking lucrative jail contracts. Michael LeBlanc Sr., Michael LeBlanc Jr., Tawasky Ventroy, and Jacque Jones have filed notices in federal court saying they will change their previous not guilty pleas. All are accused of scheming to win contracts to sell inmates phone service and commissary goods at a jail in Mississippi’s Kemper County. They are also accused of paying former Mississippi Corrections Commissioner Christopher Epps $2,000 and promising him future bribes to secure his help in influencing sheriffs. Epps was convicted of taking more than $1.4 million in bribes from private contractors and is serving a nearly 20-year prison sentence.
Mississippi – ‘She Was in Fear of Him,’ Judge Says Before Finding Miss. Lawmaker Not Guilty of Domestic Violence
Biloxi Sun Herald – Margaret Baker and Justin Mitchell | Published: 8/20/2019
Mississippi Rep. Douglas McLeod was found not guilty of domestic violence after his wife unexpectedly took the stand and testified on his behalf. Michele McLeod said on the evening of May 18, her husband had drunk less than two tumblers full of wine and mixed them with prescription-strength ibuprofen. She said he was “in a state of delirium” when one of his limbs, “probably his arm,” hit her face. George County Justice Court Judge Mike Bullock said, before making his verdict, that he could understand how the hit could have happened accidentally after her testimony. Body-camera footage from a responding George County sheriff’s deputy showed Michele McLeod minutes after 911 was called. There was blood down her nose, around her mouth, and covering her hands.
Missouri – Former Economic Development CEO Gets 3 Years’ Probation, $20K Fine for Stenger Scheme
St. Louis Public Radio – Jason Rosenbaum and Rachel Lippman | Published: 8/16/2019
Sheila Sweeney, the former chief executive of the St. Louis Economic Development Partnership, was sentenced to three years’ probation and fined $20,000 for her role in a corruption scheme orchestrated by then-St. Louis County Executive Steve Stenger. Sweeney admitted she knew Stenger was trying to steer county contracts to a campaign donor and did nothing to stop it. Sweeney helped that donor, John Rallo, get a $130,000 marketing contract, even though he had no relevant experience. She also maneuvered to make sure Rallo’s real estate company was able to purchase two pieces of industrial property near the St. Louis County and Municipal Police Academy.
Oregon – Sheriff in Conservative County Defends Free Press
AP News – Andrew Selsky | Published: 8/21/2019
Malheur County officials asked Sheriff Brian Wolfe to assess whether the Malheur Enterprise, a small newspaper in Oregon, has engaged in criminal conduct in its reporting. The newspaper has been investigating state Rep. Greg Smith’s business deals and contract work in the county. The officials asked whether reporters’ persistent attempts to contact officials, sometimes after business hours or using their personal email accounts, amounted to harassment. Wolfe said an inquiry determined no laws had been broken. “As an elected sheriff, we will always respect the constitutional rights of … everybody. We do believe in freedom of the press and free speech that we believe are our rights given by the Constitution …,” Wolfe said.
Pennsylvania – ‘It’s Disappointing’ Elections Board Reaffirms $29M Voting Machine Contract Over Objections, Violations
Philadelphia Tribune – Michael D’Onofrio | Published: 8/15/2019
Philadelphia’s acting board of elections voted to keep its current contract for new voting machines, days after the city’s legal department notified elections officials the vendor, Election System & Software (ES&S), failed to disclose its lobbying activities. ES&S will pay a $2.9 million fine over the violations, or 10% percent of the contract. An investigation showed ES&S used a lobbyist and engaged in lobbying activities in 2017 and 2018. The lobbying activities included direct communication with then-city Commissioner Alan Schmidt. ES&S also failed to disclose campaign contributions by consultants to Schmidt and then-city Commissioner Lisa Deeley.
Rhode Island – RI’s Board of Elections Remains an Underfunded Campaign Finance Watchdog
The Public’s Radio – Ian Donnis | Published: 8/21/2019
Former Providence City Council President Luis Aponte was indicted in 2017 after the Rhode Island Board of Elections exposed how he had used more than $13,000 in campaign funds for personal use. Aponte pleaded no contest and resigned from his council seat. The case shows how the Board of Elections is playing a stepped-up role in policing the state’s campaign finance laws. Things have gotten better since the agency’s leadership changed in 2016. And the Elections Board’s top campaign finance investigator, Ric Thornton, is well respected for his work. But Sen. Sam Bell and others say that despite improvements, the board needs more funding to oversee the campaign money that flows through Rhode Island politics.
South Carolina – Columbia Airport Road May Be Renamed After Namesake Arrested for Soliciting a Prostitute
Charleston Post and Courier – Seanna Adcox | Published: 8/12/2019
State transportation commissioners will consider removing John Hardee’s name from the Columbia airport connector following their former colleague’s guilty plea on an obstruction charge and subsequent arrest on a prostitute solicitation charge. The John N. Hardee Expressway to the Columbia Metropolitan Airport was named in 1999 and opened in 2004, during Hardee’s first of two stints as a South Carolina Department of Transportation (DOT) commissioner. It is among more than 1,000 bridges, interchanges, and stretches of highway statewide that bear the names of local VIPs. Such road naming is done either at legislators’ request or directly by the DOT board.
South Dakota – Audit Finds South Dakota Democratic Party Failed to Report $2.5M in Disbursements to National Committee
Jamestown Sun – Seth Tupper (Rapid City Journal) | Published: 8/21/2019
An audit for the years 2015 and 2016 showed the South Dakota Democratic Party understated disbursements by $2.5 million, received $67,182 worth of contributions from unregistered organizations, and failed to disclose $46,097 worth of debts and obligations. The state Democratic Party ended up serving as a pass-through for money from the Hillary Victory Fund to the Democratic National Committee (DNC). But, according to the audit, the state party did not initially disclose the disbursements it made to the Democratic National Committee. The disbursements were disclosed in later, amended reports to the FEC.
Tennessee – State Officials Launch Probe of Former House Speaker Glen Casada’s Campaign Finances
The Tennessean – Joel Ebert | Published: 8/14/2019
State officials initiated a probe of embattled former House Speaker Glen Casada’s campaign finances. The move by the Tennessee Registry of Election Finance will force Casada to explain and defend how he received and spent campaign money for the first time in his nearly 20-year legislative career. Hank Fincher, a registry member, said the audit was necessary, given news reports about Casada’s spending. He noted how Casada used the state plane on the same day he attended a political event.
Texas – Committee Asks Texas Rangers to Investigate House Speaker’s Meeting with Empower Texans
Fort Worth Star-Telegram – Tessa Weinberg | Published: 8/12/2019
The House General Investigating Committee unanimously voted to request the Texas Rangers Public Integrity Unit conduct an investigation into allegations of a quid pro quo offer made by House Speaker Dennis Bonnen. The allegations surrounding Bonnen were raised recently by Michael Quinn Sullivan, the chief executive of the conservative political advocacy group Empower Texans. They revolve around a June meeting between Sullivan, Bonnen, and GOP Caucus Chairperson Dustin Burrows. Sullivan claims that during the meeting, Bonnen offered long sought-after press credentials for the organization’s news site in exchange for Empower Texans’ clout to go against 10 Republican incumbents during their re-election campaigns. Sullivan later revealed he secretly recorded the meeting, and those who have listened to it have said it largely supported Sullivan’s accusations.
Utah – A Draper Council Candidate Was Booted from the Race After Missing a Filing Deadline by One Minute. Now He Says the City’s Clock Was Wrong – and an Official Misstated the Deadline.
Salt Lake Tribune – Erin Alberti | Published: 8/19/2019
Hubert Huh was booted from the recent primary election for Draper City Council after officials said he was one minute late to make a campaign filing. Now, Huh is suing the city, saying the clock in their administrative office was more than two minutes fast, and the city recorder provided the wrong date in a notification of the campaign finance disclosure deadline.
Washington – More from the Matt Shea Files: GPS trackers, a ‘provisional government’ and a hunt for moles
Spokane Spokesman-Review – Chad Sokol | Published: 8/19/2019
Washington Rep. Matt Shea used the phrase “Resistance to tyranny is obedience to God” repeatedly in emails to his associates on the far right, including militia members who took part in the armed standoff at an Oregon wildlife refuge. Critics fear that Shea, an Army combat veteran, is justifying violence. In addition to running “background checks” on liberal activists and supporting military-style training for boys and young men, Shea has in recent years sought to purchase GPS tracking devices, compiled dossiers on local progressive leaders, and kept a blacklist of suspected informants in his network. Shea also distributed a list that purported to include the names and phone numbers of every law enforcement officer working in Washington state, saying it would help to “confirm or deny legitimacy” of investigators who made contact.
Washington DC – ‘It’s Disgraceful’: Pressure grows on Metro board member over role in Evans probe
Washington Post – Peter Jamison, Robert McCartney, and Fenit Nirappil | Published: 8/21/2019
Pressure is mounting on Corbett Price, the District of Columbia’s second voting board representative on the Washington Metropolitan Area Transit Authority, to resign after allegations he leaned on the agency’s staff and took other steps to conceal an ethics violation by council member and former board member Jack Evans. An agency investigation found Evans failed to disclose a conflict-of-interest arising from his private consulting work for the city’s largest parking company. Records of the probe state both Evans and Price, in addition to falsely stating that Evans was cleared of wrongdoing, badgered the authority’s general counsel and maneuvered in other ways to prevent the findings from becoming public. Those allegations may have been a tipping point for some council members who did not support an earlier effort to remove Price from the board.
West Virginia – Lawmakers Call for Ethics Reform to Deal with Billionaire Resort-Owning Governor
ProPublica – Ken Ward Jr. (Charleston Gazette-Mail) | Published: 8/21/2019
West Virginia lawmakers are calling for a thorough reexamination of the state’s ethics rules following a media investigation of the conflicts-of-interest created by Gov. Jim Justice’s ownership of The Greenbrier resort. The Charleston Gazette-Mail and ProPublica found that, despite what the Justice administration called a “moratorium” on state spending at The Greenbrier, government agencies paid for more than $106,000 in meals and lodging at the luxury resort since Justice became governor. “He appears to be using public office for private gain,” said Sen. William Ihlenfeld. “I think the law can be beefed up to prevent this kind of thing.”
August 16, 2019 •
News You Can Use Digest – August 16, 2019
National/Federal At Def Con, Hackers and Lawmakers Came Together to Examine Holes in Election Security Seattle Times – Taylor Telford (Washington Post) | Published: 8/12/2019 Hackers came had come to the DefCon computer security conference for a chance to probe voting […]
National/Federal
At Def Con, Hackers and Lawmakers Came Together to Examine Holes in Election Security
Seattle Times – Taylor Telford (Washington Post) | Published: 8/12/2019
Hackers came had come to the DefCon computer security conference for a chance to probe voting machines used in U.S. elections. Def Con’s Voting Village, and the conference at large, has become a destination not only for hackers but also for lawmakers and members of the intelligence community trying to understand the flaws in the election system that allowed Russian hackers to intervene in the 2016 election and that could be exploited again in 2020. Harri Hursti, one of the event’s organizers, said almost all of the machines at the conference were still used in elections despite having well-known vulnerabilities that have been more or less ignored by the companies that sell them.
Donor with Deep Ukraine Ties Lent $500,000 to Biden’s Brother
Politico – Ben Schreckinger | Published: 8/15/2018
A donor with deep ties to Ukraine loaned Joe Biden’s younger brother $500, 000 at the same time the then-vice president oversaw U.S. policy toward the country. The 2015 loan came as Biden’s brother faced financial difficulties related to his acquisition of a multimillion-dollar vacation home, nicknamed “the Biden Bungalow,” in South Florida. There is no indication that the loan influenced Joe Biden’s official actions, but it furthers a decades-long pattern by which relatives of the former vice president have leaned on his political allies for money and otherwise benefited financially from the Biden name.
Hickenlooper Drops Presidential Bid, Says He’ll Give ‘Serious Thought’ to a Senate Run
Roll Call – Griffin Connolly | Published: 8/15/2019
Former Colorado Gov. John Hickenlooper ended his campaign for the 2020 Democratic presidential nomination and said he will consider a run against U.S. Sen. Cory Gardner in a battleground state that Democrats need to win to take control of the chamber. Hickenlooper, who espouses a tempered brand of liberal politics, failed to gain much national traction in his presidential bid. By the time he dropped out, he was not on pace to reach the 130,000-donor benchmark to qualify for the next presidential debates. If he enters the Senate race, Hickenlooper will become the immediate front-runner in a Democratic primary field that already has 12 candidates.
How a Trump Ally Tested the Boundaries of Washington’s Influence Game
MSN – Kenneth Vogel (New York Times) | Published: 8/13/2019
Elliot Broidy, who after having been shunned by some Republicans in the wake of his 2009 guilty plea to giving nearly $1 million in illegal gifts to New York State officials to help land a $250 million investment from the state’s pension fund, had worked himself into Donald Trump’s inner circle as a top fundraiser for his 2016 campaign and inauguration. The stature he suddenly assumed when Trump won the election allowed him to position himself as a premier broker of influence and access to the new administration. In the process, his international business came to overlap with his efforts to influence government policy in ways that have now made him the subject of an intensifying federal investigation. Broidy’s ascent was also further evidence of how Trump came to rely on people whose backgrounds and activities would have raised red flags in other campaigns and administrations.
‘If You’re a Good Worker, Papers Don’t Matter’: How a Trump construction crew has relied on immigrants without legal status
MSN – Joshua Partlow and David Fahrenthold (Washington Post) | Published: 8/9/2019
For years, a roving crew of Latin American employees has worked at Trump Organization properties throughout the country. Their ranks included workers who entered the United States illegally, according to two former members of the crew. Another employee, still with the company, said that remains true today. The hiring practices are the latest example of the chasm between President Trump’s derisive rhetoric about immigrants and his company’s long-standing reliance on workers who cross the border illegally. It also raises questions about how fully the Trump Organization has followed through on its pledge to more carefully scrutinize the legal status of its workers, even as the administration launched a massive raid of undocumented immigrants, arresting about 680 people in Mississippi recently.
Interior Centralizes Ethics Reviews After Recent High-Profile Probes
The Hill – Rebecca Beitsch | Published: 8/14/2019
The Department of the Interior will be centralizing ethics reviews across its many agencies at its headquarters, following years of ethics investigations centered on many of the department’s top staff. Ethics officials at the Bureau of Land Management, the National Park Service, and others will report to ethics officials based at Interior’s headquarters rather than agency directors. Scott de le Vega, director of Interior’s Departmental Ethics Office, said the change was designed to ensure department’s 70,000 employees are getting consistent ethics advice regardless of which branch of the department they serve. But ethics officials who reviewed the plan criticized its broad focus on all agency employees rather than the high-level officials currently being investigated for ethical lapses.
Lobbyists Race to Cash in on Cannabis Boom
The Hill – Alex Gangitano | Published: 8/11/2019
Lobbying firms are taking advantage of the cannabis boom as a number of bills on the industry move through Congress and state Legislatures. As businesses look for help dealing with new legislative and regulatory challenges, K Street is rushing to capitalize, highlighted by the highest-grossing firm, Brownstein Hyatt Farber Schreck, launching a new “Cannabis and Industrial Hemp Industry Group.”
Trial of Former Obama White House Counsel Gregory Craig Highlights Crackdown on Foreign-Influence Industry
Washington Post – Spencer Hsu | Published: 8/12/2019
In charging one of Washington, D.C.’s most prominent attorneys, Gregory Craig, with lying in connection with his work for the Ukraine government at a leading law firm, the Justice Department signaled a new era for the Foreign Agents Registration Act, a once nearly dormant law that since 2017 has been invoked in more than 20 federal prosecutions aimed at combating foreign interference in U.S. politics. The charge against Craig stems from his alleged public relations work, rather than lobbying, while with the law firm Skadden, Arps, Slate, Meagher & Flom. He is accused not of failing to register as a foreign agent under the law, but with lying and withholding information from Justice officials seeking to determine whether he was required to register.
Trump’s Opponents Want to Name His Big Donors. His Supporters Say It’s Harassment.
MSN – Katie Rogers and Annie Karni (New York Times) | Published: 8/9/2019
Calling out the people who fund campaigns is not a new tactic in politics, but the question of how much should be publicly disclosed about those donors has been an issue that Republicans have repeatedly raised in recent years. While the U.S. Supreme Court ruled in the Citizens United case to uphold public disclosure, with Justice Antonin Scalia arguing later that without such revelation “democracy is doomed,” Republicans and wealthy allies have argued it results in donor harassment and has a chilling effect on free speech. The Supreme Court’s support for campaign finance disclosure laws has a built-in exemption for people who can show a realistic threat of harassment, and the renewed scrutiny on contributors to President Trump has also raised questions about what qualifies as donor harassment and who is entitled to privacy.
Canada
Canada – Trudeau Breached Conflict of Interest Act, Says Ethics Commissioner
Canada.com; Canadian Press – | Published: 8/14/2019
Canada’s ethics commissioner, Mario Dion, found Prime Minister Justin Trudeau violated the Conflict of Interest Act by improperly pressuring former Attorney General Jody Wilson-Raybould to halt the criminal prosecution of SNC-Lavalin. Dion said Trudeau’s attempts to influence Wilson-Raybould on the matter violated the law that prohibits public office holders from using their position to try to influence a decision that would improperly further the private interests of a third party. Dion found little doubt that SNC-Lavalin would have benefited had Trudeau succeeded in convincing Wilson-Raybould to overturn a decision by the director of public prosecutions, who had refused to invite the engineering giant to negotiate a remediation agreement in order to avoid a criminal prosecution on fraud charges related to contracts in Libya.
From the States and Municipalities
Alabama – Alabama Ethics Commission Says Airport Authority Employees Fall Under Ethics Law
AL.com – Mike Cason | Published: 8/7/2019
The Alabama Ethics Commission adopted an advisory opinion that employees of airport authorities are public employees and therefore subject to the state ethics law. Attorneys for the Birmingham and Huntsville airport authorities told the Ethics Commission that airport workers are not public employees because they are paid with funds generated by the airports, not with state, county, or municipal funds. The commission concluded otherwise. According to the opinion, the fees airport authorities collect from airlines, concessionaires, and other users of airport property are considered “state, county, or municipal funds” because the Legislature grants the authorities the ability to collect those fees for a specific public purpose.
Florida – Amid Misconduct Inquiry, NRA Lobbyist Marion Hammer Says She’s Not a Lobbyist
Florida Bulldog – Dan Christensen | Published: 8/15/2019
When is a registered lobbyist not a lobbyist in Florida? If powerful National Rifle Association (NRA) lobbyist Marion Hammer gets her way, it is when she says so. Hammer has been the NRA’s Florida lobbyist since at least2006, yet despite being paid handsomely – $270,000 last year alone – she has not filed with the Florida Senate any of the required quarterly compensation reports. Sen. Perry Thurston and Rep. Anna Eskamani filed formal complaints with the state ethics commission and Senate and House oversight authorities seeking investigations. Thurston has said Hammer “was indicating that she was a consultant and not a lobbyist” and therefore was not required to file lobbyist compensation reports.
Florida – Disney World Offers Florida Politicians a Sneak Peek at Star Wars Attraction, Spawning Ethics Questions
Orlando Sentinel – Steven Lemongello and Ryan Gillespie | Published: 8/15/2019
Walt Disney World invited state lawmakers and other officeholders to a “community leader preview” for its Star Wars: Galaxy’s Edge attraction. It is the hottest ticket in town not yet available to the general public. The event at Disney’s Hollywood Studios is not free, with invitees needing to pay $170, plus $25 parking, to attend the three-hour preview. State ethics laws are strict about what public officials and employees can accept, stating they cannot “solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that [their] vote, official action, or judgment … would be influenced thereby.” Disney spent $28 million on state elections during the 2018 cycle and lawmakers have dealt with numerous issues related to Disney. County and city officials also deal with Disney on a regular basis.
Florida – Florida’s ‘Broken’ Legislature: ‘Session too quick, term limits too short and lawmakers paid too little’
Orlando Sentinel – Steven Lemongello | Published: 8/12/2019
Critics have asked why Florida’s Legislature operates the way it does. It has one of the nation’s shortest sessions despite being the third-largest state, and some of the strictest term limits. Special sessions are generally rare, and the result is what Rep. Carlos Guillermo Smith calls “a mad dash to sine die, with bills rushed through without being read and vetted by the public.” Many lawmakers and experts say the status quo is not going anywhere, either because they believe the process is working as intended or voters have no appetite for such reforms or for politicians adding years to their time in Tallahassee.
Florida – ‘No Probable Cause’ Matt Gaetz Violated Florida Bar Rules in Tweets at Michael Cohen
Tampa Bay Times – Steve Contorno | Published: 8/14/2019
U.S. Rep. Matt Gaetz will not face discipline from the Florida Bar for posting menacing messages on social media aimed at President Donald Trump’s lawyer and fixer Michael Cohen. Florida Bar spokesperson Francine Walker said the organization found “no probable cause” that Gaetz violated its rules for lawyers. The House ethics committee is also reviewing the incident.
Indiana – Inspector General OKs Casino Boss’s Private Flights for Gov. Eric Holcomb
Indianapolis Star – Tony Cook | Published: 8/8/2019
Indiana Gov. Eric Holcomb violated no ethics rules when a casino executive treated him to private jet flights last year. The flights in 2018 to Republican Governors Association events in Aspen, Colorado, and Scottsdale, Arizona, were together valued at more than $55,000. They gave Spectacle Entertainment Chief Executive Officer Rod Ratcliff and his business partners hours of exclusive access to Holcomb and his wife at a time when Ratcliff was seeking big changes to the state’s gaming laws that would benefit his company. Indiana Inspector General Lori Torres, who is appointed by Holcomb, determined the governor did not have to disclose the flights as a gift because they were designated as in-kind contributions to the Republican Governors Association, not to Holcomb.
Kentucky – Frankfort Resident Named Executive Director of Ky. Legislative Ethics Commission
State Journal; Staff – | Published: 8/13/2019
Laura Hromyak Hendrix was tapped to serve as executive director of the Kentucky Legislative Ethics Commission following the retirement of John Schaaf. Hendrix, who presently serves as the commission’s legal counsel, will assume the post September 1. the post Sept. 1. “Laura’s knowledge of the ethics law and her legal experience will allow the commission to continue its tradition of advising on and enforcing the ethics laws in a fair and nonpartisan manner,” Commission Chairperson Anthony Wilhoit said.
Kentucky – Jerry Lundergan’s Trial Over Illegal Contributions to Daughter’s Campaign Begins Tuesday
Louisville Courier-Journal – Tom Loftus | Published: 8/12/2019
Jerry Lundergan, a prominent player in Kentucky Democratic Party politics for 40 years, faces trial on charges he conspired to funnel illegal corporate contributions to the campaign of his daughter, Alison Lundergan Grimes, for the U.S. Senate in 2014. Lundergan is also accused of falsifying campaign finance records to conceal what his indictment itemizes were more than $206,000 in services his company provided to Grimes’ campaign. Jurors in the case may hear arguments involving the complexities of campaign finance laws, the practices of how campaigns report contributions and expenses, and the impact of how court rulings have shaken up the world of campaign finance.
Michigan – ‘An Easy Sell’: Inman texts point to PAC dominance in Michigan politics
Detroit News – Jonathan Oosting | Published: 8/8/2019
Michigan Rep. Larry Inman was planning to vote against a controversial initiative to repeal the state’s prevailing wage law when a top House Republican aide shared a dire prediction. Democratic voters would not “come to your side” and “you will shut down any incentive for the big donors to give” to your reelection campaign, Dan Pero, chief of staff to then-House Speaker Tom Leonard, told Inman in a text on the day of the vote. The text messages, disclosed by federal prosecutors as Inman heads toward trial for allegedly trying to sell his vote to a union group opposed to the repeal, highlight the outsized influence interest group donors have on Michigan politics and how PAC contributions can influence legislative votes.
Michigan – Millions Meant for Repairing Michigan Roads Go Back to Trucking Industry
Detroit Free Press – Paul Egan | Published: 8/11/2019
Money from Michigan’s vehicle registration fees – close to $8 million since 2012 – is paid in grants to the Center for Truck Safety, a nonprofit charged with educating truckers and the public. It is an arm of the Michigan Trucking Association, the industry’s lobbying group that has fought efforts to reduce the state’s highest-in-the-nation gross weight limits for trucks. The center shares Lansing office space and has also shared employees with the association. It uses some of the state money to pay the lobbying organization rent, services such as legal advice and personnel management, and payments on a loan. Nearly all of the truck safety center’s officers and directors are also directors of the trucking association and the state briefly cut off funding to the center after finding some state money was being used to pay expenses related not to the safety center, but to the trucking association.
Missouri – Ex-St. Louis County Executive Gets Nearly 4 Years in Prison
AP News – James Saltzer | Published: 8/9/2019
Former St. Louis County Executive Steve Stenger was sentenced to almost four years in prison and fined $250,000 for steering county business to a campaign donor in exchange for thousands of dollars in contributions. Stenger has also surrendered his law and accounting licenses and paid about $130,000 in restitution. Three others also pleaded guilty as part of the scheme – Stenger’s chief of staff, Bill Miller; businessperson John Rallo, who donated to Stenger’s campaign with the expectation his companies would get county contracts; and Sheila Sweeney, whom Stenger appointed as head of the county’s economic development agency.
Missouri – Missouri Police Chiefs Lobbyist Quits After Audit Blasts No-Bid Contract He Helped Secure
St. Louis Post-Dispatch – Jack Suntrup | Published: 8/12/2019
Sheldon Lineback, the longtime lobbyist for the Missouri Police Chiefs Association, canceled his registration with the Missouri Ethics Commission after a state audit criticized his role in a no-bid contract scheme that cost taxpayers $74,000. Auditor Nicole Galloway said former Department of Public Safety Director Drew Juden steered a $58,000 contract to the Missouri Police Chiefs Charitable Foundation, which is associated with the police chiefs association. The contract was for providing fingerprinting equipment to local police departments, a job the Missouri State Highway Patrol had done in the past at no additional cost to the state. The group was allowed to keep $1.25 million in state money, meant for purchasing the equipment, in its coffers for eight months, costing the state approximately $16,000 in interest revenue, and presumably benefiting the nonprofit. Juden is the former president of the Missouri Police Chiefs Association.
Montana – Fed Appeals Court Upholds Montana’s Landmark Campaign-Finance Disclosure Law
AP News – Matt Volz | Published: 8/12/2019
The Ninth U.S. Circuit Court of Appeals upheld a provision of Montana’s campaign finance law, ruling any group distributing material that merely mentions a candidate within 60 days of an election can be required to register with the state and disclose its spending and, in some cases, its donors. The state law requires any group to register and file disclosures once it spends $250 or more on ads or mailers referring to a candidate, political party, or ballot issue within 60 days of an election. That includes organizations registered as nonprofits under section 501(c)4 of the tax law that generally are not required to disclose their donors and spending. The National Association of Gun Rights argued unsuccessfully that the U.S. Constitution bars states from requiring that kind of disclosure for informational ads, such as the kind it proposed mailing.
New Hampshire – Bipartisan Bill to Create Redistricting Panel Vetoed by New Hampshire Governor
Governing – Kevin Landrigan (Manchester Union Leader) | Published: 8/12/2019
New Hampshire Gov. Chris Sununu vetoed a bill to create an independent commission proposed to come up with the best way to redraw legislative, congressional, and executive council districts after the 2020 elections. Sununu said the measure was well-intentioned but would have an “unaccountable” panel drawing these lines after they were picked by “party bosses.” This plan would allow lawmakers to vote on redistricting maps but would keep them out of the process of drawing them. Instead, maps would be created by a 15-member commission selected from a pool of applicants collected by the secretary of state.
New Hampshire – NH Attorney General: Contributions from limited partnerships, LLPs remain legal in state elections
WMUR – John DiStaso | Published: 8/9/2019
The New Hampshire attorney general’s office cleared the way for candidates for state offices to continue receiving contributions from corporate entities known as limited partnerships and limited liability partnerships. The office responded to a complaint filed against the Friends of Chris Sununu, the governor’s campaign operation, by Granite State Progress. It charged that three contributions to Sununu in 2017 violated a state law that includes donations by partnerships in a list of prohibited contributions. The group said Sununu’s campaign violated the law by accepting the money. Assistant Attorney General Nicholas Chong Yen said the office determined at least nine years ago that it could no longer enforce bans on contributions from partnerships and limited liability partnerships.
New Jersey – Two Unions Secretly Gave $3.6 Million to Phil Murphy’s Group During Millionaires Tax Push
Bergen Record – Ashley Balcerzak | Published: 8/11/2019
Two powerful unions donated a combined $3.6 million to New Jersey Gov. Phil Murphy’s secretive “dark money” nonprofit. The state’s largest teachers’ union, the New Jersey Education Association, wrote a $1 million check in April, a month after Murphy’s 2019 budget announcement the union called “progressive” and “people-focused.” That donation is on top of the $2.5 million the union gave to New Direction New Jersey in 2018. A local branch of the Service Employees International Union pitched in an additional $150,000 in June 2018. Officials with New Direction New Jersey had said it would report who was giving the group money. The nonprofit reversed its pledge later, citing a “toxic political environment,” and refused to name who bankrolled its push to pass Murphy’s priorities.
North Carolina – After El Paso, the ‘Send Her Back’ Chant Echoes to Some as a Prelude to Murder
MSN – Griff Witte (Washington Post) | Published: 8/13/2019
Samar Badwan, a Greenville, North Carolina resident, watched as 8,000 neighbors and fellow citizens jammed an arena to serenade President Trump with chants of “Send her back,” a response to Trump’s insistence that a Muslim, Somali American member of Congress should “go back” to the land of her birth. That visit, and that chant, continues to reverberate loudly in Greenville nearly a month later, particularly for those, like Badwan, who see themselves as targets of a campaign to whip up xenophobia and hate. After the El Paso shootings, in which 22 people were killed by a gunman who parroted Trump’s warnings about an “invasion” of immigrants, the words carry a particularly ominous resonance: as a prelude to murder.
North Dakota – Panel Picks Members of North Dakota Ethics Commission
Grand Forks Herald – John Hageman | Published: 8/8/2019
A committee charged with selecting members of North Dakota’s new state ethics commission finalized its picks, marking a major step toward implementing voter-approved rules against corruption. Their terms will begin September 1. Voters created the commission through a constitutional amendment last year. Despite criticisms of a Republican-backed implementation bill approved by state lawmakers this year, the commission will be able to write rules on transparency, corruption, elections, and lobbying as well as investigate allegations of wrongdoing.
North Dakota – Top North Dakota Officials Unfazed by State Money Awarded to Ethics Commissioner’s Tribal College
Grand Forks Herald – John Hageman | Published: 8/13/2019
North Dakota’s governor and Senate leaders were unfazed that one of their picks for the state’s new ethics commission leads a tribal college that has received more than $2 million in state grants in recent years, which one lawmaker argued is a conflict-of-interest. Cynthia Lindquist, president of the Cankdeska Cikana Community College, was selected as one of five members of the voter-approved ethics commission. Gov. Doug Burgum’s spokesperson said the governor’s office was aware the tribal college had received state dollars but noted it is primarily federally funded.
Oregon – The ACLU Helped Oregon Stay Awash in Campaign Cash. It’s Having Second Thoughts.
Portland Oregonian – Rob Davis | Published: 8/7/2019
The last time Oregon voters were asked whether campaign contributions should be limited, a prominent liberal group was among the most vocally opposed: The American Civil Liberties Union of Oregon. It had an impact. Voters in 2006 said no. Thirteen years later, with a similar measure on campaign donations heading to voters next year at the behest of the state Legislature and Gov. Kate Brown, the ACLU has dropped its absolute opposition to contribution limits. The shift eliminates one major obstacle to ending Oregon’s outlier status as one of five states with no caps on campaign money.
Pennsylvania – Philly’s New Voting Machine Contract in Jeopardy Because Vendor Failed to Disclose Use of Lobbyists, Campaign Contributions
Philadelphia Inquirer – Jonathan Lai | Published: 8/14/2019
Philadelphia City Solicitor Marcel Pratt notified the acting board of elections that Election Systems & Software (ES&S) violated the law by failing to disclose its use of lobbyists and the lobbyists’ campaign contributions to the two city commissioners on the board who selected the company for a contract to provide new voting machines. If the board decides to continue with the contract, ES&S will be liable for a $2.9 million fine, Pratt said, adding that it has agreed to pay the penalty if the contract proceeds. Using lobbyists is not illegal, and Pratt noted ES&S could have disclosed the lobbying and the campaign contributions without being disqualified from the bidding and selection process. The other finalist, Dominion Voting Systems, also did not disclose its use of a lobbyist.
Pennsylvania – Pittsburgh-Area Lobbyist Charged with Defrauding Clients, Forging Grant Documents
WTAE – Bob Mayo | Published: 8/12/2019
Lobbyist Joseph Kuklis, chief executive officer of Wellington Strategies, was charged with running a corrupt organization, theft by deception, forgery, and fraudulent business practices by the Pennsylvania attorney general’s office. The criminal complaint says investigators seized records of Wellington Strategies and allegedly found evidence of forgeries in the trash of Kuklis’s home. Kuklis allegedly falsely represented to nonprofits and businesses that he had obtained state grants for them and forged letters and documents to mislead clients who paid him for his work.
Tennessee – As Tennessee Makes Voter Registration More Difficult, Activists Consider What’s Next
Governing – Matt Vasilogambros (Stateline) | Published: 8/14/2019
Less than a year after a coalition of groups, led by the nonprofit Tennessee Black Voter Project, conducted a statewide voter registration drive that accumulated 91,000 applications, activists face a daunting obstacle: A new state law that seeks to curb mass voter registration efforts by imposing criminal and financial penalties for turning in error-filled forms or failing to register with the state and undergo training. The new Tennessee law has nonprofits and voting rights activists scrambling ahead of the 2020 presidential election, as they attempt to understand new regulations that could lead to thousands of dollars in fines and even jail time.
Tennessee – Lawmakers, Political Groups Owe State $1.9M in Fines for Violating Campaign Finance, Ethics Rules
The Tennessean – Joel Ebert | Published: 8/14/2019
Two Tennessee agencies that serve as watchdogs of elected officials, candidates, and political organizations are owed nearly $1.9 million. The average Tennessean could lose their home, be subject to liens, face collections agencies, or go to jail if tickets or taxes go unpaid. But that is not the case for the candidates, officials, and organizations that have been fined by the Registry of Election Finance and the Tennessee Ethics Commission. Instead, the state’s attorney general is tasked with collecting the two agencies’ unpaid fines.
Tennessee – State Election Registry to Formally Audit Bill Ketron’s Campaign Finance Reports
The Tennessean – Elaina Sauber | Published: 8/14/2019
The Tennessee Registry of Election Finance formally authorized an audit of former state Sen. Bill Ketron and his campaign finance committees. Those include his committee while seeking office as Rutherford County mayor, his state Senate committee, and his PAC. Ketron, who was elected Rutherford County mayor last year, faces $60,000 in unpaid civil penalties. The fines are primarily related to late filings of his campaign finance reports. Ketron and his campaign treasurer are responsible for ensuring campaign finance reports are filed on time. But his campaign treasurer and daughter, Kelsey Ketron, is facing her own financial troubles and possible criminal charges.
Texas – Texas Democrats Sue Over Secret Meeting Between House Speaker Dennis Bonnen, Empower Texans CEO
Dallas News – James Barragan | Published: 8/8/2019
The Texas Democratic Party is suing House Speaker Dennis Bonnen and conservative activist Michael Quinn Sullivan, alleging they created an unregistered PAC and violated other state election laws. The lawsuit stems from a June meeting Sullivan had with Bonnen and Republican Caucus Chairperson Dustin Burrows. In the meeting, Sullivan has said, Bonnen and Burrows offered to give writers at his website, Texas Scorecard, House media credentials in the next legislative session in exchange for Sullivan’s political group targeting 10 GOP incumbents in next year’s primary elections. Sullivan said he rebuffed the offer. But Democrats allege that meeting and any agreements reached in it show a coordinated effort “between political actors intended to influence the election or defeat of specific candidates” and amounts to an unregistered political committee as defined by state law.
Utah – Draper City Council Candidate Booted from Race After Showing Up One Minute Past Filing Deadline
Salt Lake Tribune – Alison Berg | Published: 8/12/2019
When Hubert Huh received a call August 6 from his state representative, Jeffrey Stenquist, reminding him of the 5 p.m. deadline for filing a campaign finance disclosure form, Huh, a Draper City Council candidate, sped as fast as he could to City Hall with his form. Arriving at 5:01 p.m., the city recorder told him he was too late and would be disqualified from the race. The deadline was 5 p.m. Though Huh was only a minute past deadline, Draper spokesperson Maridene Alexander said the city follows the state code strictly, which requires a finance disclosure form be turned into the clerk or recorder’s office by 5 p.m. the day it is due.
Washington – Seattle Politics Without Corporate Money? Council Member Fires Off Long-Shot Proposal
Crosscut – David Kroman | Published: 8/14/2019
In an effort sure to face a bumpy legal road, Seattle City Councilperson Lorena González has drafted legislation aimed at stemming the growing influence of big money donors in municipal elections. The bill would limit how much donors could give to PACs while placing stricter regulations on how foreign money, including donations from U.S. companies with foreign owners, shapes city politics. It would also require PACs to disclose how their money is spent. The three proposals in González’s package share the goal of curbing the effect of money on local elections, a so-far quixotic effort to find gaps in the U.S. Supreme Court’s Citizens United decision, which is credited with opening the floodgates on corporate contributions to elections.
Washington DC – D.C. Lawmaker Jack Evans Fined $20,000 in Ethics Case Involving Outside Work
Washington Post – Fenit Nirappil | Published: 8/8/2019
District of Columbia Councilperson Jack Evans was fined $20,000 by the city’s ethics agency for using government resources and touting his influence as an elected official while soliciting employment from local law firms. The settlement is the latest fallout for the city’s longest-serving lawmaker who has been embroiled in an ethics scandal. Emails that Evans sent from his council office showed he tried to land jobs at law firms in 2015 and 2018. In business proposals, he highlighted an ability to attract private clients as a lawmaker and as board chair of the regional transit agency. The Board of Ethics and Government Accountability determined there was “substantial evidence” Evans’ contact with the law firms violated rules that prohibit the use of government resources for personal reasons and using the prestige of office for private gain.
West Virginia – Welcome to the Greenbrier, the Governor-Owned Luxury Resort Filled with Conflicts of Interest
ProPublica – Ken Ward Jr. (Charleston Gazette-Mail) | Published: 8/15/2019
Ethics officials have said West Virginia laws never contemplated someone like Gov. Jim Justice. With his decision to hold his inauguration ball at The Greenbrier, a palatial resort the governor owns, Justice ushered in a new era of politics in West Virginia, one in which it is hard to tell where the governor’s business interests end, and state government begins. All told, more than $1 million, half of the inaugural fund, went to Justice’s Greenbrier Hotel Corp. The Greenbrier represents only a slice of Justice’s holdings, estimated to be worth as much as $1.5 billion. But the iconic resort’s outsized role in West Virginia politics has made it an unparalleled ethical thicket for the governor.
Wyoming – Wyoming Is Committed to a ‘Citizen Legislature.’ But the Format Can Limit Who Is Able to Participate.
Casper Star-Tribune – Nick Reynolds | Published: 8/12/2019
Wyoming’s citizen Legislature has always been a point of pride, harkening back to a simpler time in the state’s history where government was radically by the people, for the people. According to the National Conference of State Legislatures, just 4 states – Wyoming, Montana, and the Dakotas – boast what can be considered “citizen Legislatures,” keeping the session limits short, the pay low, and legislative staff limited in order to shut out the trappings of big government. For opponents of a per diem raise for lawmakers, this is something worth preserving, both in maintaining the state’s culture of conservatism and by being fiscally prudent. But some believe the concept of the Legislature could use some updating, particularly as its members look less and less like the state they represent.
August 9, 2019 •
News You Can Use Digest – August 9, 2019
National/Federal Campaigns Say They’ll Match Political Contributions. It’s Not Clear How They Would Do That Center for Responsive Politics – Jessica Piper | Published: 8/2/2019 Matching – when campaigns tell donors that their contributions will be equaled or multiplied by an […]
National/Federal
Campaigns Say They’ll Match Political Contributions. It’s Not Clear How They Would Do That
Center for Responsive Politics – Jessica Piper | Published: 8/2/2019
Matching – when campaigns tell donors that their contributions will be equaled or multiplied by an unknown source – has emerged as a relatively common fundraising tool among groups across the political spectrum in recent years. Limited-time matching gives ideological supporters extra incentive to contribute to a campaign they care about. But legal experts say it is hard to see how donation matching could happen given campaign contribution limits. And there are no accountability mechanisms to determine whether campaigns actually follow through with their promises.
Cesar Sayoc Gets 20 Years for Mail-Bomb Spree
Courthouse News Service – Adam Klasfeld | Published: 8/5/2019
Last October, a fanatical devotee of President Donald Trump mailed out bombs to perceived critics, and, prosecutors say, reveled in the national headlines as those attacks terrorized a nation. Defense attorneys attributed Cesar Sayoc’s mail-bomb activity in part to fervor for Trump’s rhetoric. Prosecutors characterized his spree as a “two-week terrorist attack.” In sentencing Cesar Sayoc to 20 years in prison, a federal judge emphasized the need to look closely at both the crimes and their perpetrator. “It is perhaps then not surprising that someone of Mr. Sayoc’s emotionally fragile nature not only became infatuated with a public figure, in this case Donald Trump, but also came to view Mr. Trump’s political opponents as demons who were out to destroy not just Mr. Trump but Mr. Sayoc as well,” said U.S. District Judge Jed Rakoff.
De Blasio Pulled in a Cash Cushion from Unusual Campaign Finance Setup
Politico – Joe Anuta and Sally Goldenberg | Published: 8/7/2019
New York Mayor Bill de Blasio’s struggling presidential campaign benefited from a six-figure boost unavailable to candidates who set up routine exploratory committees and the move has already resulted in formal complaints to the FEC. An analysis found the mayor accepted roughly $234,000 in additional contributions from 37 donors who had already given the maximum permissible amount to his campaign account – $2,800 for a primary race. Those donors went above the federally established limit by giving to two PACs that assisted in the presidential effort but were not governed by the same rules. The extra money helped him explore a run for president without setting up a formal exploratory committee.
DNC Rules Could Expand, Not Shrink, Future Debate Stage
Politico – Zach Montellaro | Published: 8/5/2019
Democratic presidential hopefuls at risk of being elbowed out by the debate rules may have gotten a last-minute reprieve. To reach the stage, candidates have to get two percent in four Democratic National Committee (DNC) -approved polls and have 130,000 unique donors. That is a bar the majority of field has not hit and is not on track to do so. But a DNC memo sent to all the campaigns essentially gives those candidates who miss the September debate more time to qualify for the October debate, which could very well feature more candidates, not fewer.
El Paso Shooting Suspect’s Manifesto Echoes Trump’s Language
MSN – Peter Baker and Michael Shear (New York Times) | Published: 8/4/2019
At campaign rallies before last year’s midterm elections, President Trump repeatedly warned that America was under attack by immigrants heading for the border. “You look at what is marching up, that is an invasion!” he declared at one rally. Nine months later, a 21-year-old white man is accused of opening fire in a Walmart in El Paso, killing 22 people and injuring dozens more after writing a manifesto railing against immigration and announcing that “this attack is a response to the Hispanic invasion of Texas.” The suspect wrote that his views “predate Trump,” as if anticipating the political debate that would follow the carnage. But if Trump did not originally inspire the gunman, he has brought into the mainstream polarizing ideas and people once consigned to the fringes of American society.
House Democrats File Lawsuit to Enforce Subpoena Against McGahn
The Hill – Olivia Beavers, Jacqueline Thomsen, and Morgan Chalfant | Published: 8/7/2019
House Judiciary Committee Chairperson Jerrold Nadler filed a civil lawsuit to enforce a subpoena for testimony from Don McGahn, the former White House counsel who at the Trump administration’s direction defied lawmakers’ request to appear before the committee. Lawyers for Judiciary Committee Democrats described McGahn as both “critical” and the “most important fact witness” before the lawsuit was filed, noting he witnessed key obstruction episodes examined by special counsel Robert Mueller. Those incidents include President Trump ordering McGahn to remove the special counsel in the middle of his investigation, which McGahn refused to do, and Trump directing McGahn to create a false record surrounding the incident.
How Gun Control Groups Are Catching Up to the N.R.A.
MSN – Reid Epstein, Maggie Astor, and Danny Hakim (New York Times) | Published: 8/4/2019
The political momentum in the gun control debate has shifted in the year leading up to the mass shootings in El Paso and Dayton, with gun control advocates taking a more empowered stance and the National Rifle Association (NRA) consumed by internal power struggles. The major gun control organizations, propelled by funding from wealthy supporters and grassroots networks across the country, have helped enact new laws, and, for the first time in 25 years, passed a significant gun control bill in the House. But the NRA’s structural advantages, built over decades and defended by President Trump and congressional Republicans, remain in place. The net effect is a playing field on gun issues that is far more level than it has been since NRA-backed Republicans took over Congress in 1994.
Joaquin Castro Tweeted the Names of Top Trump Donors. Republicans Say It Will Encourage Violence.
Philadelphia Inquirer – Michael Brice-Saddler (Washington Post) | Published: 8/6/2019
The 44 names that U.S. Rep. Joaquin Castro (D-Tex.) tweeted have at least two things in common: they are all constituents in his district, and moreover, they all donated the maximum amount to President Trump’s campaign this year. The congressman and brother of presidential hopeful Julián Castro said the people listed – including retirees, business owners, and other individuals whose names are public record – were “fueling a campaign of hate.” Republican lawmakers and others contended Castro was “targeting” the listed donors by tweeting their names to his thousands of followers; a serious accusation in the aftermath of two mass shootings in El Paso and Dayton that left 31 people dead and many more wounded.
Judge Dismisses 1 of 2 Charges Against Greg Craig
Politico – Josh Gerstein and Theodoric Meyer | Published: 8/6/2019
Greg Craig, a who served as the first White House counsel in the Obama administration, scored a pretrial win as a judge threw out one of two charges in a false-statement case against him stemming from former special counsel Robert Mueller’s investigation. District Court Judge Amy Berman Jackson concluded that a 2013 letter he sent to the Justice Department’s Foreign Agents Registration Act (FARA) office was not part of any formal FARA filing, so could not be the basis for a charge under a law barring false FARA submissions. Despite the defense’s victory on that point, Craig is still set to face a jury trial on another false-statement charge relating to what prosecutors say was an attempt to deceive investigators about his role in promoting a report he prepared on behalf of the Ukrainian government in 2012 about its corruption prosecution of former President Yulia Tymoshenko.
McConnell’s Campaign Locked Out by Twitter for Posting Critic’s Profanity-Laced Video
Louisville Courier-Journal – Ben Tobin and Phillip Bailey | Published: 8/7/2019
After sharing a video of a profanity-laced protest, U.S. Sen. Mitch McConnell’s campaign Twitter account, Team Mitch, has been locked out. Twitter’s policy states that users “may not threaten violence against an individual or a group of people” and the social network prohibits “the glorification of violence.” The video shows a group of protesters gathered outside McConnell’s Louisville home. Black Lives Matter Louisville leader Chanelle Helm is heard on the video mocking McConnell’s recent shoulder injury and saying he “should have broken his little, raggedy, wrinkled-ass neck.” She then yells, “Just stab the m—– f—– in the heart, please.” Someone also yells, “Die!”
Proposed FEC Rule Would Further Constrain Foreign Election Contributions
National Public Radio – Philip Ewing | Published: 8/1/2019
The FEC proposed new rules to outlaw exchanges like the one that took place when a Russian delegation visited Trump Tower in 2016 to offer Donald Trump’s campaign “dirt” on Democrats. Although U.S. law already forbids contributions from foreigners to American political campaigns, President Trump has said the meeting taken by his son, Donald Trump Jr., and others was business as usual and that everybody in politics accepts “opposition research.” There is a difference, though, between material obtained by specialists working for a campaign and information provided by a foreign government, FEC Chairperson Ellen Weintraub says. She restated that distinction earlier this year and the new rule would refine it even more precisely with a written description of what is forbidden.
Puerto Rico Supreme Court Ousts New Governor, and Another Is Sworn In
New York Times – Alejandra Rosa, Patricia Mazzei, and Frances Robles | Published: 8/7/2019
The uneasy calm that had settled over Puerto Rico after huge protests brought down one governor and a second one was installed in his place ended when its Supreme Court ruled the only way to maintain the constitutional order was to swear in the island’s third governor in a week. After the ruling, Pedro Pierluisi, who had filled the position since August 2, stepped down. Wanda Vázquez, the former secretary of justice, took the oath as governor, just the second woman to hold the office. And Puerto Rico was thrust into a new period of political tumult over how long the unpopular Vázquez might remain on the job, and what machinations might be underway to prepare for her possible succession.
The Darkest Money in Washington: Business groups spend more on advocacy and consulting than lobbying
MapLight.org – Andrew Perez, Abigail Luke, and Tim Zelina | Published: 8/6/2019
The IRS has approved thousands of applications for nonprofit status for groups known as 501(c)(6) organizations, which range from the U.S. Chamber of Commerce, which spends more on lobbying than any other trade organization, to the Washington State Society of Anesthesiologists. Their influence has grown since the Supreme Court’s Citizens United decision allowed them to spend directly on politics. The groups spent $535 million on lobbying in 2017 and as much as another $675 million on unregulated efforts to influence public policy. The figures highlight how business interests can exploit loopholes in lobbying rules, which do not cover many staples of modern influence campaigns, such as strategic consulting, media relations, and social media posts, or even the financing of so-called astroturf campaigns.
Trump Judges Face Scrutiny Over President’s Cases
The Hill – Naomi Jagoda and Jacqueline Thomsen | Published: 8/4/2019
Federal judges nominated by President Trump are facing a major public test as they handle cases that involve Trump personally or some of his most controversial policies. New judges are already under pressure to carefully issue rulings as they learn the ropes of the federal judiciary. But three recently appointed District Court judges in the District of Columbia have found themselves and their rulings under a magnifying glass as they deal with cases involving Trump. All three of the Trump-tapped judges have acted as their colleagues on the bench typically do, proceeding cautiously in the recent cases. And while legal experts disagreed over whether the judges are facing additional pressure over their rulings, they agreed there is more attention on the cases, at least in the media.
Canada
Canada – No Criminal Charges in Allegations of Illegal Lobbying by Ford Advisers but OPP Refer Case to Ethics Watchdog
The Globe and Mail – Jim Mahoney | Published: 8/2/2019
The Ontario Provincial Police (OPP) completed its review of allegations of illegal lobbying by advisers to Premier Doug Ford and referred the matter to the province’s ethics watchdog. Investigators launched the review after an independent member of Provincial Parliament, Randy Hillier, alleged he was expelled from the Progressive Conservative caucus in part for raising concerns “of possible illegal and unregistered lobbying by close friends and advisers employed by Premier Ford.” Hillier said Ontario’s ethics laws are lacking and noted the Integrity Commissioner, rather than the OPP, has jurisdiction to investigate alleged misconduct under the Lobbyists Registration Act, which has a maximum penalty of a two-year lobbying ban.
From the States and Municipalities
Arizona – ‘Dark Money’ Expansion Remains on Hold While Court Decides Future of Law
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 8/5/2019
A judge will not let Arizona enforce a law opening the door for more “dark money” in campaigns while it appeals his ruling that the statute is unconstitutional. In a new ruling, Maricopa County Superior Court Judge David Palmer rejected claims by an attorney for the state that it would be too confusing for organizations the Legislature exempted from campaign finance laws in 2017 to now have to obey those laws for the 2020 election. The judge instead sided with attorney Jim Barton, representing the Arizona Advocacy Network that challenged the 2017 law. He told Palmer it would be wrong to run the 2020 election under a law that, at least according to the judge, is unconstitutional.
California – Insurance Commissioner Accepted, Returned More Cash from Insurers Than Previously Known
San Diego Union-Tribune – Jeff McDonald | Published: 7/31/2019
California Insurance Commissioner Ricardo Lara accepted tens of thousands of dollars in additional political contributions from insurers than was previously known, according to a state-mandated campaign filing. The Ricardo Lara for Insurance Commissioner 2022 committee reported that it refunded $83,000 in donations during the six months ending on June 30. Lara was elected state insurance commissioner in November after pledging not to accept campaign funds from insurance companies. Recently he decided to return some $54,000 from insurance executives or their spouses after The San Diego Union-Tribune reported those contributions in early July. Lara also said in the wake of that report he would no longer serve as his own campaign treasurer.
California – Trump Wants to Keep His Tax Returns Private, Asks Courts to Stop California Law
Los Angeles Times – John Myers | Published: 8/6/2019
California’s first-in-the-nation law requiring presidential primary candidates to release their tax returns or be kept off the ballot was challenged in federal court by President Trump, the man who inspired its passage and whose attorneys argued state Democratic leaders had overstepped their constitutional authority. The lawsuit insists California cannot impose limits on ballot access for presidential hopefuls. Legal scholars have offered mixed opinions as to the constitutionality of Senate Bill 27. Some suggested because state Legislatures are given wide berth by the U.S. Constitution in choosing presidential electors, the law could be seen as a logical extension of that power. Others said the law could be thrown out on the same grounds as previous efforts in other states to link a congressional incumbent’s ballot access to how many terms the person had already served in the House.
Colorado – Aurora Lawmakers Unanimously Pass Wide-Reaching City Ethics Law
Sentinel Colorado – Madison Lauterbach | Published: 8/6/2019
Aurora lawmakers unanimously passed an ordinance creating an ethics commission and rules for local elected and select city officials. Prior to the vote, the ordinance would have prohibited city council members and the mayor from accepting gifts valued at more than $75. But Councilperson Charlie Richardson proposed that number be changed to $300 to keep “on the same page with Denver.” The ordinance will create an independent panel of retired judges tasked with investigating ethics complaints. The measure also sets out a variety of rules and standards intended to prevent council members from engaging in conflicts-of-interest.
Colorado – Colorado Approved a National Popular Vote Law. Now It Might Be Repealed.
Beaumont Enterprise – Emily Davies (Washington Post) | Published: 8/2/2019
Just a few months ago, Colorado agreed to radically rethink the way the president is chosen in the United States. The state joined a compact to award its electoral votes to the candidate who wins the national popular vote. The plan would become law if states representing 270 electors join, ensuring the popular vote winner the presidency. (So far, 16 states, representing 196 electors, have joined.) That decision, approved by the state’s Democratic governor in March, prompted a serious backlash that culminated, when activists submitted a petition to repeal the law by referendum in 2020.
Colorado – New State Ethics Commissioner Debra Johnson Previously Investigated for Workplace Misconduct
Colorado Public Radio – Bente Berkeland | Published: 8/5/2019
A recently confirmed member of the Colorado Independent Ethics Commission was investigated in 2016 for workplace harassment, ultimately agreeing to undergo counseling and spend six months away from an office she oversaw to avoid contact with employees who complained about her conduct. The investigation of former Denver Clerk and Recorder Debra Johnson, and the resulting agreement, have not previously been known to the public. The city said there were no records of settlement payments made to Clerk’s office employees who may have complained about Johnson and Johnson now denies she harassed staff, though she apologized to a staff member soon after a complaint was made. “Allegations are allegations until they’re proven otherwise, and they were never proven otherwise,” Johnson said.
Florida – Curbelo’s Campaign and Office Paid $390K to a Friend Who Is Now His Business Partner
Miami Herald – Alex Daugherty | Published: 8/2/2019
During his final two years in office and for several months afterward, former U.S. Rep. Carlos Curbelo paid a Miami dentist and childhood friend with no political experience nearly $400,000 for political consulting, according to recent campaign records. And since losing his seat last November, he has spent thousands of dollars from his leadership PAC – called “What a Country!” – on wine and high-end restaurants. Now, Curbelo’s friend, JP Chavez, is his business partner in a communications and public affairs startup venture called Vocero LLC.
Florida – Former Jacksonville Public Defender Gave Away Guns, Money after Failed Re-election
Florida Times Union – Andew Pantazi | Published: 8/1/2019
After former Jacksonville Public Defender Matt Shirk was ousted from office in 2016, he spent or gave away tens of thousands of dollars on himself and his friends, including handing nine state-owned firearms to a motorcycle club without documentation. A new audit details the repeated ways that Shirk violated state law or policy before and after his failed re-election bid. Public records went missing during his final months in office. In one case, he gave away 10 computers just two days before leaving office. When the computers were recovered, the hard drives had been removed and wiped clean.
Florida – Scott Maddox, Florida’s Former Democratic Chair, Pleads Guilty in Probe
Tampa Bay Times – Dara Kam (News Service of Florida) | Published: 8/6/2019
After reaching a plea deal with federal prosecutors, suspended Tallahassee City Commissioner Scott Maddox admitted guilt to three fraud charges in a “pay-to-play” probe. Under the guilty plea, prosecutors dropped 39 of 42 charges against Maddox, a former Florida Democratic Party chairperson nabbed in a multi-year investigation into city government. Maddox’s longtime aide and former business partner, Paige Carter-Smith, also pleaded guilty to the same three charges as Maddox. Carter-Smith and Maddox admitted to soliciting payments from a ride-sharing company in exchange for favorable actions from the city commission. The court documents show “Company B” paid a Carter-Smith business a total of $30,000 and her businesses paid Maddox approximately $40,000 during the same time period.
Georgia – How a Criminal Investigation in Georgia Set an Ominous Tone for African American Voters
Yahoo News – John Ward | Published: 8/5/2019
Under the direction of Georgia Secretary of State Brian Kemp, Nancy Dennard and 11 of her political allies were arrested and charged with for voter fraud in 2010. To Dennard and her allies, who became known as the Quitman 10+2, the reasons for their arrests were simple. They were black candidates who won an election in the Deep South, upsetting a white-dominated power structure. “They thought they could make an example out of me, and that would kill the spirit of this movement,” said Dennard. Yet the mug shots taken at the jail that first day of African Americans wearing orange jumpsuits would be an enduring image. That perceived threat of organized voter fraud has been used for the past decade by Republicans to enact a series of measures in many states that have made it harder to vote. Kemp had been one of the most aggressive politicians involved in purging voters from the rolls.
Illinois – Illinois Pushes Millions Toward Securing Its Election Systems
Government Technology – Rick Pearson (Chicago Tribune) | Published: 8/5/2019
Three years after Illinois’ voter registration database was infiltrated by Russian hackers, state and local officials are spending millions to upgrade the defenses protecting voters and their ballots leading up to the 2020 election. Efforts to prevent foreign hacking range from hiring Internet security specialists to, in the case of Chicago and Cook County, making plans to buy new polling machines. The breach of the state’s voter database remains the warning sign for election system vulnerability, with national security experts now saying all 50 states had been targeted for Russian intrusion. At least 21 states reported being contacted by addresses associated with Russia, largely by scanning public websites, but Illinois’ data breach was the most significant.
Iowa – The Iowa State Fair Can Make – or Break – a Presidential Candidate
Beaumont Enterprise – Holly Bailey (Washington Post) | Published: 8/6/2019
The Iowa State Fair is a rite of passage for anyone with White House aspirations, a photo op that often serves up funny and weird moments – and sometimes political catastrophe. The 11-day event is a political obstacle course that has been damaging to a number of candidates, establishing a narrative that when set is often hard to shake. It will be especially challenging this year, as candidates struggle to strike the right tone while the nation contends with the aftermath of the shootings in El Paso and Dayton.
Massachusetts – Two City Hall Officials Convicted of Conspiring to Extort Boston Calling Founders
Boston Globe – Maria Cramer | Published: 8/7/2019
Two top aides to Boston Mayor Martin Walsh were convicted of conspiring to extort organizers of the Boston Calling music festival. Kenneth Brissette, the city’s director of tourism, and Timothy Sullivan, chief of intergovernmental affairs, resigned shortly after they were found guilty of strong-arming the festival into hiring union workers in 2014. Federal prosecutors said they leaned on concert organizers to promote Walsh’s political agenda and exploited the organizers’ fear that city officials might shut down the popular event if they failed to comply. Lawyers for Brissette and Sullivan argued the aides had no control over the concert’s permits and prosecutors were criminalizing the ordinary give-and-take of city politics. Legal specialists considered the prosecution novel, pushing against the limits of the Hobbs Act, the federal law that defines extortion.
Michigan – GOP Group Sues to Block Michigan Redistricting Commission
The Hill – Reid Wilson | Published: 7/30/2019
A national Republican group helmed by former Wisconsin Gov. Scott Walker filed a federal lawsuit aimed at blocking a redistricting commission that Michigan voters approved by a wide margin last year. The lawsuit seeks to knock down Proposition 2, which shifted responsibility for redrawing district boundaries from the state Legislature to a citizen commission. The proposition bars anyone who ran for office or worked on political campaigns or as a lobbyist within the last six years from serving on the commission, as well as parents, spouses, and children of those who worked in politics. The suit alleges the exclusionary rules violate First Amendment rights of free speech and 14th Amendment rights to equal protection.
Minnesota – Veterans Charity Under Scrutiny after DOC Official Suspected of Lobbying for Her Husband
St. Paul Pioneer Press – Dave Orrick | Published: 8/3/2019
A Minneapolis nonprofit that aims to help military veterans accused of crimes has come under scrutiny for how it uses taxpayer funds and ties to an embattled former state official. The Veterans Defense Project, which has received nearly $450,000 in state taxpayer funds since 2017, will be the subject of a “special review” by the state legislative auditor. The probe will officially tackle questions that were simmering quietly among some quarters of the Capitol but were thrust into the spotlight when Sarah Walker resigned from her position as deputy commissioner of the Department of Corrections amid an internal probe into whether she was improperly lobbying for the charity. Walker, a longtime lobbyist before she was appointed to the state position in January, is married to Brock Hunter, who co-founded the nonprofit.
Missouri – Stenger Scandal Prompts St. Louis County Council to Block Pensions for Those Convicted of Corruption
St. Louis Public Radio – Chad Davis | Published: 8/6/2019
St. Louis County elected officials and employees who are found guilty of corruption will not be able to collect their pensions. The county council voted unanimously to revoke the pension benefits of those convicted of public corruption such as bribery. Councilperson Tim Fitch said the bill would apply to former County Executive Steve Stenger. The proposal was introduced several weeks after Stenger resigned and pleaded guilty to federal corruption charges.
New York – Assemblyman: ‘Great displeasure’ with ethics probe of alleged rape victim
Albany Times Union – Chris Bragg | Published: 8/7/2019
The former chairperson of the New York Assembly Ethics Committee wrote to state ethics regulators expressing “great displeasure” over their inquiry into Kat Sullivan, an alleged rape victim who lobbied for legislation aiding other child sex abuse victims. The Joint Commission on Public Ethics (JCOPE) has repeatedly contacted Sullivan to get her to register as a lobbyist. With Sullivan refusing, she is now facing a vote by commissioners that would initiate a formal investigation into whether she spent more the more than $5,000 on lobbying in 2018. The investigation could result in Sullivan facing penalties up to $25,000 for each violation. “… This is not the kind of investigative action I intended to be pursued when I voted for the bill that was enacted into law establishing JCOPE,” Assemblyperson Charles Lavine wrote.
New York – When de Blasio’s Daughter Moved, His Security Detail Carried the Futon
New York Times – Jeffrey Mayes and J. David Goodman | Published: 8/7/2019
New York City Mayor Bill de Blasio has spoken extensively about New York being a “tale of two cities,” a place where the privileged had all the advantages, and the working class and poor had none. But for all of his focus on income inequality, his mayoralty has been dogged by questions of whether his personal behavior contradicts his political message. The latest example came as city officials acknowledged that last year the New York Police Department executive protection unit assigned to guard de Blasio and his family helped his daughter move her belongings from an apartment in Brooklyn to Gracie Mansion. Using city resources for personal use is typically a violation of the Conflicts of Interest Law and having police detectives assist in a relative’s move would seem to cross ethical lines, according to Citizens Union Executive Director Betsy Gotbaum.
North Carolina – Former Rep. Rodney Moore Pleads Guilty in Campaign Finance Case, Gets Probation
Charlotte Observer – Jim Morrill | Published: 8/1/2019
Former North Carolina Rep. Rodney Moore, who was indicted on nine felony counts involving false campaign reports, was handed a suspended sentence after pleading guilty to a single count. Moore pleaded guilty to one felony count of making felony false statements under oath. Superior Court Judge Lisa Bell sentenced him to up to five months in prison but suspended the sentence pending his completion of 12 months of unsupervised probation. Moore was indicted on counts involving filing false campaign reports after investigators found he failed to report more than $141,000 in campaign contributions and expenditures. Authorities said he failed to disclose tens of thousands of dollars in political contributions and campaign expenses, including money for movie tickets, dry cleaning, and car washes.
North Carolina – UNC System Head Didn’t List Corporate Board Seats That Paid Millions on Ethics Forms
Charlotte Observer – Nick Ochsner | Published: 8/7/2019
William Roper, the interim president of the University of North Carolina system and former longtime chief executive officer of the UNC Health Care System, failed to disclose his seats on the boards of major corporations between 2011 and 2019, at the same time as those corporations did business with the state, records show. In January, Roper took the helm of the UNC System as interim president. In that same time, Roper has served on the board of directors of DaVita, a company that provides dialysis services. Roper has also been a member of the board of directors of three successor companies in the pharmacy benefits administration industry. None of his corporate board service was disclosed on state ethics forms until recently, when Roper filed amended forms in response to an inquiry from reporters.
Oregon – Paid Ballots and More Disclosure Are Coming to Oregon Elections
Oregon Public Broadcasting – Dirk VanderHart | Published: 8/2/2019
Gov. Kate Brown ensured that Oregonians will be able to mail their ballots for free in elections beginning next year, and that voters could have more information about who is funding political ads. The governor also signed a bill requiring “dark money” groups to disclose large donors, but that provision will not become operative until December 2020. House Bill 2716, which takes effect immediately, requires advertisements supporting or opposing a candidate to disclose who funded them. In the case of ads funded by non-candidate PACs, the bill also requires the disclosure of the top five donors who have contributed at least $10,000 to those groups.
Texas – Anti-Discrimination Official Removed by Council One Month After Racist Posts Surface
Fort Worth Star-Telegram – Luke Ranker | Published: 8/6/2019
The Fort Worth City Council voted to remove Mike Steele from the city’s Human Relations Commission, which he had been a member of since 2015. In July, members of the commission voted to recommend the council remove him after Facebook posts attacking transgender people, Muslims, and immigrants surfaced. The commission is designed to manage issues surrounding racial, religious, or ethnic discrimination in Fort Worth and advise the council on possible changes to city policy. The city’s guidelines for board and commission positions are relaxed, lacking even a social media policy. Beyond avoiding conflicts-of-interest, the expectation is that “those who serve in these positions conduct themselves in a civil manner,” the city said in a statement.
Texas – Ex-Dallas Superintendent Gets 7 Years in Bribery Scheme
Courthouse News Service – David Lee | Published: 8/7/2019
The disgraced former superintendent of the Dallas County Schools bus agency was sentenced to seven years in federal prison for accepting over $3 million in bribes in exchange for awarding $70 million in school bus stop-arm camera contracts that ultimately bankrupted the agency. Rick Sorrells pleaded guilty last year to one count of conspiracy to commit honest services wire fraud. Prosecutors accused Sorrells of spending the money on expensive jewelry, Porsche and Maserati sports cars, trips, and an apartment in New Orleans.
Texas – Texas Faces Turbulent Political Moment
The Hill – Reid Wilson | Published: 8/6/2019
For a quarter century, Texas Republicans have run a ruby-red state, building a conservative bastion where government is limited. Now, the mounting tensions of racially motivated rhetoric, a polarizing president, and Republican infighting have rocked the state’s political leadership. And it may soon face a tipping point brought on by shifting coalitions of voters who want change, in Austin and Washington., D.C. The tumult is creating turnover that has startled even the closest observers of Texas politics.
Washington DC – Metro Reverses Its Decision to Ban Advertisements for Art Exhibition on the Migrant Crisis
Washington Post – Peggy McGlone | Published: 8/6/2019
The Washington Metropolitan Area Transit Authority (WMATA) reversed its decision to reject the advertising campaign for the Phillips Collection’s exhibition, “The Warmth of Other Suns: Stories of Global Displacement.” The WMATA this spring rejected the ad campaign for the 11-week exhibition, which examines global migration. It cited guidelines that prohibit advertisements “intended to influence members of the public regarding an issue on which there are varying opinions” and those “intended to influence public policy.” In 2015, the transit agency adopted guidelines that banned issue-oriented advertisements, as well as those related to religion and politics. The ban has been subject of several lawsuits.
Wyoming – Tribal Leaders Knew of Anti-Regulatory Lobbying Effort, Documents and 2 Council Members Say
Casper Star-Tribune – Chris Aadland and Nick Reynolds | Published: 8/4/2019
Northern Arapaho tribal leaders knew of, and approved, a secretive lobbying effort to defeat legislative attempts to regulate gambling in the state, despite claims that a rogue lobbyist undertook the project without their knowledge. Documents and interviews with those aware of the effort indicate the Northern Arapaho Business Council agreed to fund the creation of a group, the Wyoming Public Policy Center. The lobbying effort aggressively opposed proposals to legalize gambling in Wyoming during the 2019 legislative session to protect its three casinos, the tribe’s most important economic assets. Those proposals were defeated, but lawmakers have since resurrected an attempt at regulating gambling.
August 2, 2019 •
News You Can Use Digest – August 2, 2019
National/Federal Ex-McConnell Staffers Lobbied on Russian-Backed Kentucky Project Politico – Natasha Bertrand and Theodoric Meyer | Published: 7/31/2019 Two former top staffers to Senate Majority Leader Mitch McConnell have lobbied Congress and the Treasury Department on the development of a new […]
National/Federal
Ex-McConnell Staffers Lobbied on Russian-Backed Kentucky Project
Politico – Natasha Bertrand and Theodoric Meyer | Published: 7/31/2019
Two former top staffers to Senate Majority Leader Mitch McConnell have lobbied Congress and the Treasury Department on the development of a new Kentucky aluminum mill backed by the Russian aluminum giant Rusal, according to a new lobbying disclosure. The filing comes as Democrats are pushing the Trump administration to review Rusal’s $200 million investment in the Kentucky project – concerned that the mill will supply the Defense Department – and as McConnell weathers criticism for helping block a congressional effort to stop the investment. The Russian firm was only able to make the investment after it won sanctions relief from penalties the Treasury Department initially imposed in April 2018.
Federal Inquiry of Trump Friend Focused on Foreign Lobbying
MSN – Sharon LaFraniere, Maggie Haberman, William Rashbaum, Ben Protess, and David Kirkpatrick (New York Times) | Published: 7/28/2019
Federal prosecutors are investigating the role of Thomas Barrack, a top campaign fundraiser and close friend of President Trump, and his connections to the foreign lobby. Barrack has been investigated for potentially violating the law requiring people who try to influence American policy or opinion at the direction of foreign governments or entities to disclose their activities to the Justice Department. Questions about Barrack complying with the Foreign Agents Registration Act (FARA) arose during former special counsel Robert Mueller’s investigation into Russian interference in the 2016 election before being referred to the U.S, attorney’s office in Brooklyn. Three former Trump campaign aides charged by Mueller acknowledged violating FARA in their guilty pleas: Paul Manafort, Rick Gates, and Michael Flynn.
Federal Judge Rules IRS Donor Guidance Is Unlawful
The Hill – Naomi Jagoda | Published: 7/30/2019
A federal judge blocked an IRS policy change that stopped nonprofit groups from identifying their big donors on federal disclosure forms. U.S. District Court Judge Brian Morris ruled the agency did not give proper public notice before it stopped requiring social-welfare groups, labor unions, and business associations to identify donors contributing more than $5,000. Republicans argue the guidance was important to protect taxpayers’ privacy and First Amendment rights. But Democrats have strongly opposed the guidance, arguing it could make it easier for foreign governments to influence U.S. elections through donations to “dark money” groups.
How Fundraisers Convinced Conservatives to Donate $10 Million – Then Kept Almost All of It.
ProPublica – Maggie Severns (Politico) and Derek Willis | Published: 7/26/2019
The Conservative Majority Fund has raised nearly $10 million since 2012 and continues to solicit funds, primarily from thousands of steadfast contributors to conservative causes. But it has made just $48,400 in political contributions to candidates and committees. Its main beneficiaries are the operative Kelley Rogers, who has a history of disputes over allegedly unethical fundraising, and one of the largest conservative fundraising companies, InfoCision, which charged millions of dollars in fundraising fees. The saga of how politically connected fundraisers used one of the nation’s leading conservative organizations as a springboard for fundraising that mainly benefited the fundraisers themselves sheds light on the growing problem of so-called scam PACs, organizations that take advantage of loosened campaign finance laws to reap windfalls for insiders while directing only a small portion of receipts to political advocacy.
It’s Not Just the Russians Anymore as Iranians and Others Turn Up Disinformation Efforts Ahead of 2020 Vote
MSN – Craig Timberg and Tony Romm (Washingtin Post) | Published: 7/25/2019
Twitter has shut down more than 7,000 phony accounts from Iran this year alone. Iran is far from the only nation that has the capacity to wage Russian-style influence operations in the U.S. ahead of next year’s election. That means American voters are likely to be targeted in the coming campaign season by more foreign disinformation than ever before, say those studying such operations. Researchers say it is not often clear exactly who runs these operations, whether it is the governments themselves or some other actors, but they typically echo the talking points of the ruling powers and back their geopolitical goals through tweets, posts, and online videos. The operations in all these countries, meanwhile, have the means and potentially the motives to seek to influence an American election shaping up as among the most hotly contested in decades.
Low in Cash and Polls, 2020 Democrats Get Creative with Accounting
New York Times – Shane Goldmacher | Published: 7/30/2019
Staff members for a half dozen Democratic presidential candidates did not receive their final June paycheck that month. Instead, their campaigns nudged payday into July, an accounting maneuver that obscured payroll costs and temporarily made it look like candidates had more cash on hand than they did. That does not violate campaign laws, but it is a symptom of the high stakes of the 2020 money race and a crowded field with some candidates struggling to stay alive ahead of the second round of debates. In a presidential primary with many Democratic hopefuls competing for campaign money, a candidate’s viability is often judged by donors, the news media, and even rivals with a cursory look at campaign balance sheets.
Meet the Man Who Created the Fake Presidential Seal – a Former Republican Fed Up with Trump
MSN – Reis Thebault and Michael Brice-Saddler (Washington Post) | Published: 7/25/2019
Graphic designer Charles Leazott used to be a proud Republican. But he felt Donald Trump’s GOP was no longer his party. So, he created a mock presidential seal to prove his point. He substituted the arrows in the eagle’s claw for a set of golf clubs, a nod to the new president’s favorite pastime. In the other set of talons, he swapped the olive branch for a wad of cash and replaced the United States’ Latin motto with a Spanish insult. Then is inserted a two-headed imperial bird lifted straight from the Russian coat of arms. The seal was not meant for a wide audience. But then, years later, it wound up stretched across a huge screen behind an unwitting President Trump as he spoke to a conference packed with hundreds of his young supporters.
Republicans Rattled After Surge of Retirements
Politico – Melanie Zanona | Published: 7/31/2019
The House GOP caucus has been hit by a wave of retirements over the past few weeks, but some Republicans fear the worst is yet to come. With the GOP relegated to the minority for the first time in eight years, a mix of veteran and vulnerable members have decided to call it quits instead of sticking around to see whether the party wins back power in 2020. Most of the seats being vacated thus far are in solidly red districts, which Republicans will have no problems keeping. But at least two of the races have become more competitive in the wake of the retirement announcements, and more vulnerable members could jump ship if they do not want to duke it out another term, especially if they are pessimistic about the GOP’s prospects.
Should Regulators Let Jet-Setting Tom Price Use Campaign Cash for Nonprofit Travel and Expenses?
Center for Public Integrity – Laura Zornosa | Published: 7/25/2019
Former U.S. Health and Human Services Secretary Tom Price resigned in 2017 amid criticism of his taxpayer-funded private charter flights. Now, Price wants the FEC to allow his new nonprofit group to use $1.7 million worth of leftover campaign money from his old congressional committee, a move that would create a path for former congressional candidates to transfer surplus campaign cash to 501(c)(4) “social welfare” groups, a type of nonprofit that operates with fewer restrictions than charities, though Price’s lawyers promise the group would not pay salaries to Price or his family members or use the money for political purposes.
Socialism Goes Local: DSA candidates are winning in big cities
Governing – Alan Greenblatt | Published: 7/24/2019
Around the country this year, democratic socialists and other ultra-left candidates have met with success in city council races. Several such candidates have already won seats in Chicago and Denver, while others are running this fall in Los Angeles and San Francisco. In Seattle, Kshama Sawant, a member of Socialist Alternative, which is a democratic socialist party, is seeking reelection to the city council against concerted opposition from business groups. These candidates do not all hold the same positions, but they are at the leading edge of a trend. As in national politics, local candidates on the left, including many mainstream Democrats, are moving further left.
Texts, Sex, Lies and Corruption: Here’s what has forced governors out of office
New York Times – Adeel Hassan | Published: 7/25/2019
Gov. Ricardo Rosselló of Puerto Rico announced his resignation after an uprising and looming impeachment proceedings had derailed his administration. Though residents said they were fed up by years of corruption, the tipping point proved to be the publication of hundreds of pages of crass and often profane chat messages among Rosselló and 11 men in his inner circle. The texts confirmed what many Puerto Ricans thought, that they held disdain for the public. The vast majority of governors in the U.S. fulfill their terms, though many have resigned to take a cabinet position, or to join the Senate. Since World War II, two have left governor’s mansions to move to the White House. But a few have met ignominious ends in office.
The Job of Campaigning Is Extremely Family-Unfriendly
The Atlantic – Joe Pinsker | Published: 7/27/2019
The FEC ruled that M. J. Hegar, a Democratic candidate for the U.S. Senate from Texas, can spend campaign funds on child care for her two kids while she is running for office. The ruling builds on the FEC’s determination that Liuba Grechen Shirley, who at the time was running for a House seat in New York, could do the same. Campaign finance laws prohibit candidates from drawing from their own political funds for “personal use,” and legally, it was not clear whether child-care expenses associated with campaigning fell under that category. Now, whether candidates have to take on child-care costs in order to run (as Grechen Shirley did) or keep paying for child care as they already had been (as is the case with Hegar), they can cover those expenses knowing they are not running afoul of federal regulations.
Top House Lawyer Takes Center Stage in Legal Battles Against Trump
Politico – Andrew Desiderio and Kyle Cheney | Published: 7/31/2019
U.S. Reps. Jerry Nadler and Adam Schiff are the public faces of the House Democrats’ battles with Donald Trump, appearing on television regularly to harangue the president for his resistance to their investigations. But the job of fighting the president in federal court – and, lately, winning – has been left to a lesser-known figure: House General Counsel Douglas Letter. Last year, Speaker Nancy Pelosi asked him to take on a new and unfamiliar role as the guardian of congressional power. What Letter may not have realized when he took the job was that he would find himself in the vanguard of an unprecedented constitutional power struggle between House Democrats, who are weighing whether to impeach Trump, and a litigious president blocking congressional oversight in an unprecedented way.
Trump Fundraiser Thomas Barrack Jr. Lobbied for Saudi Nuclear Deal, New Report Alleges
USA Today – Deirdre Shesgreen | Published: 7/29/2019
The Trump administration’s move to sell sensitive nuclear technology to Saudi Arabia took shape even before the president took office and was championed by Trump’s longtime personal friend and fundraiser, Thomas Barrack Jr., according to a new report by congressional Democrats. The report details how Barrack used his personal connections to the president and other Trump administration officials to win support for the controversial Saudi nuclear deal, at the same time he was seeking funding from the Saudis and the United Arab Emirates for a bid to purchase Westinghouse Electric Company, the only U.S. manufacturer of large-scale nuclear reactors.
From the States and Municipalities
Arizona – Arizona State Senator Criticized for Remarks on Immigrants, Birthrates of Hispanic Women
Arizona Republic – Kyra Haas | Published: 7/26/2019
Arizona Sen. Sylvia Allen is facing criticism following recent comments she made about immigration, white birth rates, and the “browning” of America. During a speech to Republicans, Allen said America would “look like South American countries very quickly” and warned immigrants were “flooding” the United States at a rate that did not allow for them to “learn the principles of our country.” In her comments, Allen noted declining white birth rates compared to Hispanic birth rates, saying it was an issue “because of immigration.” She referred to a “browning of America,” a term she attributed to a well-known demographer, though he is not critical of immigration in his research.
California – California Insurance Commissioner Met with CEO Who Has Cases Pending Before His Department
Sacramento Bee – Hannah Wylie | Published: 7/29/2019
California Insurance Commissioner Ricardo Lara, under fire for accepting campaign contributions from insurance executives and their spouses, has yet to release his office calendars in response to public requests. But Lara acknowledged he did meet with an executive whose company has multiple complaints against it in cases before his department. Lara said he met with Steven Menzies, who heads Applied Underwriters, a workers’ compensation agency that the department formerly settled with for “bait and switch” marketing tactics in 2017. Berkshire Hathaway is in the process of selling the company, a sale Lara must approve. Lara, who was serving as his own campaign treasurer, accepted $46,500 in donations to his 2022 reelection campaign in April from out-of-state executives with ties to the company.
California – Sitting Judge Who Promoted His Candidacy for Calif. Attorney General Barred from Bench
San Francisco Chronicle – Bob Egelko | Published: 7/31/2019
The California Supreme Court rejected an appeal by Steven Bailey, the former judge who ran for state attorney general last year and then was permanently barred from returning to the bench by a state commission because he used his judicial position to promote his political campaign. Bailey, a former Superior Court judge, argued the Commission on Judicial Performance violated his freedom of speech by enforcing rules that prohibit judges from using their positions to run for non-judicial office. The commission disagreed, and the state’s high court, which has the last word on judicial discipline in California, denied review of his appeal without comment.
California – Trump’s Tax Returns Required Under New California Election Law
Los Angeles Times – John Myers | Published: 7/30/2019
President Trump will be ineligible for California’s primary ballot next year unless he discloses his tax returns under a state law that immediately took effect, an unprecedented mandate that is almost certain to spark a court fight and might encourage other states to adopt their own unconventional rules for presidential candidates. The law requires all presidential candidates to submit five years of income tax filings. State elections officials will post the financial documents online, although certain private information must first be redacted.
Florida – Ethics Complaint Filed Against CFO Jimmy Patronis for Releasing Harassment Allegation
Tampa Bay Times – Lawrence Mower | Published: 7/26/2019
An activist is asking for an investigation into Florida Chief Financial Officer Jimmy Patronis for releasing an ethics complaint in a possible violation of state law. Emma Collum, an attorney and president of Women’s March Florida, filed the complaint with the state Commission on Ethics. Patronis sent to the media a redacted copy of a woman’s sexual harassment complaint against former Office of Financial Regulation Commissioner Ronald Rubin, along with a request for Rubin to resign. The complaint form was marked “confidential and exempt” under state law, citing a statute that requires employee complaints to remain secret until they’re investigated. Breaking it is a first-degree misdemeanor, punishable by up to a year in jail.
Florida – Modified Sentences and ‘Rocket Dockets’ Aim to Ensure Felons Can Still Register to Vote
Washington Post – Lori Rozsa | Published: 7/30/2019
Florida judges and prosecutors are working with felons and public defenders to find ways to register former inmates to vote, a process approved by voters last year that Republican legislators have made more difficult. To work around a law passed in the spring, which requires individuals to pay all fines, fees, and restitution before they can register, court officials in cities such as Miami and Tampa are modifying sentences and making plans to allow some debts to be converted to community service. In smaller towns, volunteers are holding fundraisers to pay off penalties for residents. Voting rights activists applaud these efforts are worried a patchwork of changes may confound hundreds of thousands of potential voters in the months leading up to the state’s March 17 presidential primary.
Florida – Suspended Commissioner Scott Maddox to Plead Guilty to Some Charges in Public Corruption Case
Tallahassee Democrat – Jeff Burlew | Published: 7/31/2019
Scott Maddox, whose long political career in Tallahassee came crashing down after his indictment on public corruption charges, is expected to plead guilty to some of the counts against him. Attorneys for the suspended city commissioner and former mayor filed a notice that both he and his close friend Paige Carter-Smith will change their pleas. It is a major development in the federal government’s long-running investigation into public corruption in Tallahassee and a possible signal that Maddox and Carter-Smith are cooperating with authorities to try to get their sentences reduced. If they are cooperating, it is possible the FBI and prosecutors are using their help to build cases against other prominent politicians and businesspeople.
Hawaii – The Kealoha Corruption Case Cost These Two Investigators More Than Their Jobs
Honolulu Civil Beat – Nick Grube | Published: 7/30/2019
Honolulu Ethics Commission Executive Director Chuck Totto and Letha DeCaires, a former police officer who was working for the commission, expected a backlash from their investigation of then-Police Chief Louis Kealoha and his wife, who was a city prosecutor. They were a politically connected power couple that had access to every level of Honolulu law enforcement. There was outside pressure from Honolulu Mayor Kirk Caldwell’s administration, and Totto and DeCairs were ousted from their jobs after their commission, which was supposed to support their review of the Kealohas, turned on them. They also faced a lawsuit that targeted them both professionally and personally.
Illinois – How Will Mayor Lori Lightfoot’s Ethics Rules Affect Aldermen Like Edward Burke? It’s Not Entirely Clear.
Chicago Tribune – Gregory Pratt, John Byrne, and Juan Perez, Jr. | Published: 7/26/2019
The ethics ordinance passed by the city council recently that further restricts the outside work aldermen can do was seen as a signature win for Chicago Mayor Lori Lightfoot’s reform agenda. But it is not yet clear how the ordinance will play out or how the new limits on private employment will affect aldermen like Edward Burke, who has long had a lucrative sideline as a property tax attorney. One question that might need to be addressed is whether council members like Burke, whose involvement with a law firm largely prompted the provision, need to fully divest themselves of their ownership stake in their firm, or whether they could comply with the law by not working on cases that create conflicts with the city and also refrain from taking money from the firm’s work on those cases.
Illinois – Politically Connected Ex-Teamsters Boss Pleads Guilty to Extorting Chicago Film Studio, Agrees to Cooperate
Chicago Tribune – Jason Meisner | Published: 7/30/2019
Longtime Chicago union boss John Coli Sr. does not seem like the type to cooperate with authorities. A politically connected fixture in the Teamsters, has dodged controversy for years, from suspicious appointments to state boards to allegations of organized crime ties, often accusing his accusers of using overzealous investigative tactics. But In pleading guilty to corruption charges stemming from an extortion scheme, Coli agreed to cooperate with federal authorities in any ongoing investigations, including “complete and truthful testimony’ in any criminal or civil proceeding. Coli for years used his national position with the Teamsters to hold sway with some of the city and state’s most powerful elected officials.
Iowa – Iowa Restrictions on Lawmaker-to-Lobbyist Revolving Door Praised
The Gazette – James Lynch | Published: 7/25/2019
Iowa is being praised for its restrictions to prevent former state lawmakers from becoming lobbyists for two years after leaving office. Overall, Iowa has the best “revolving-door” policy, with a two-year cooling off period that applies to both legislative and executive officials and staff, and broadly prohibits both “lobbying activity” as well as “lobbying contacts” during the waiting period, according to an analysis of state ethics laws by Public Integrity. The restriction on the lawmaker-to-lobbyist transformation was among ethics changes the state Legislature enacted following a 1990s scandal involving the deposit of local government property tax receipts in an investment scheme known as Iowa Trust.
Minnesota – Complaint: Corrections official lobbied for husband’s group on state time
Minnesota Public Radio – Briana Bierschbach, Brian Bakst, and Nina Moini | Published: 7/25/2019
A top Minnesota prison official who resigned recently had been under investigation for weeks for allegedly lobbying on behalf of her husband’s nonprofit and for leaking private, internal data, according to newly released records. The redacted investigative documents were released by the Department of Corrections after former Deputy Commissioner Sarah Walker suddenly departed from her post to seek “unique opportunities” at the local and national level. Allegations against Walker include leaking of information about a co-worker’s sexual assault by a corrections employee. Investigators were also looking into concerns that Walker lobbied privately for legislation related to her husband’s nonprofit while on state time.
Missouri – Former Missouri Public Safety Director Abused State Contracting Process, Audit Says
Kansas City Star – Crystal Thomas | Published: 7/31/2019
The director of Missouri’s Department of Public Safety under former Gov. Eric Greitens abused the state’s contracting process to award an organization that he was previously affiliated with, according to a state audit. It also found Charles Juden, who served as director from the beginning of 2017 to August of last year, did not claim leave when taking personal trips to Florida to watch the Daytona 500. Before Juden became director, the Missouri Highway Patrol managed fingerprinting technology for local law enforcement agencies at no cost to the state. After he took over, the Missouri Police Chiefs Charitable Foundation was selected to manage the $1.25 million technology contract, at a cost of $58,000. Prior to his appointment, Juden was the foundation’s chairperson, which the audit said posed a “conflict-o- interest.”
Missouri – Northwest Plaza Owners Ask Court to Quash Subpoenas in St. Louis County Council Inquiry
St. Louis Post-Dispatch – Jeremy Kohler | Published: 7/31/2019
The owners of the former Northwest Plaza shopping center in St. Louis filed a lawsuit seeking to block subpoenas issued to them in an inquiry into the county’s lease for office space at their complex. Robert and P. David Glarner, who own the complex, claimed they should not be forced to defend themselves to the county council at a time when federal prosecutors are investigating whether crimes were committed in their dealings with former County Executive Steve Stenger that resulted in a 20-year lease. If the court does not quash the county subpoena outright, the Glarners claimed, it should wait until the conclusion of the federal investigation. The Glarners’ lawsuit also claims the council’s ethics committee lacked authority to compel their cooperation.
Nebraska – Nebraska Lets Legislators Shift from Lawmaking to Lobbying
AP News – Grant Schulte | Published: 7/28/2019
State officials in Nebraska who want to profit off their government experience and connections after leaving office face virtually no obstacles in becoming lobbyists, unlike most other states that bar their leaders from immediately switching role. Nebraska is among seven states with no restrictions on former lawmakers, governors, or other elected officials working to influence their former colleagues, according to the analysis by Public Citizen. The result is clear during the legislative session, when on most days a dozen or so senators-turned-lobbyists gather outside the chamber, ready to talk with lawmakers about bills that could help or hurt their clients.
New Mexico – Legislative Leaders Take Command of Campaign Resources
AP News – Morgan Lee | Published: 7/29/2019
New rules for funneling resources toward political races in New Mexico may provide legislative leaders and political parties with a stronger hand in influencing the outcomes of elections, as Democrats assert their control over the Legislature and key statewide elected offices. The Democratic House speaker and Republican minority leader registered specialized political committees that can command vast resources and make unlimited non-cash contributions to campaigns. The so-called “legislative caucus committees” can collect five times as much cash per donor as other New Mexico political committees.
New York – A Luxury Box at Citi Field, an M.T.A. Contract and $188,000 for Cuomo
New York Times – Emma Fitzsimmons, J. David Goodman, and Augustin Armendarez | Published: 7/28/2019
Since New York Gov. Andrew Cuomo took office in 2011, his campaigns have received more than $3 million from Metropolitan Transportation Authority (MTA) contractors and industry groups that represent them. New York does not limit contributions from contractors that do business with state entities. Donors with ties to the MTA, including board members, their employers, and transit unions, have given another $1.5 million. There is no evidence the MTA awarded contracts as a reward to Cuomo’s donors, but people in the industry see political contributions as important for their business.
New York – Abuse Victim’s 3 Billboards Called for Stronger Laws. Then the State Showed Up.
New York Times – Vivian Wang | Published: 7/31/2019
The New York Joint Commission on Public Ethics (JCOPE) is investigating Kat Sullivan, a sexual abuse survivor, for allegedly lobbying while she was not registered. She took out a billboard ad near the Capitol urging lawmakers to pass the Child Victims Act and set up a website on the issue. Sullivan believed she was using her own time and money to make her voice as an abuse survivor heard. She was shocked when JCOPE afterward told her she faced a fine of more than $40,000 if she did not register. Sullivan’s case is unusual; few unpaid advocates spend more than $5,000 on an issue, the annual threshold for registering in the state. It also illuminates a larger dilemma facing lawmakers across the country: who counts as a lobbyist in the age of social media and renewed grassroots involvement, when it is easier than ever for people to make themselves heard?
New York – Potential Conflicts of Interest the Real Reason Lhota Left the MTA
Politico – Dana Rubenstein | Published: 7/30/2019
When Joe Lhota, the embattled chief executive officer of the Metropolitan Transportation Authority, resigned last fall, he and New York Gov. Andrew Cuomo omitted the real reason for the departure. While Cuomo and Lhota painted the resignation as a natural development in what was always intended to be a limited engagement, Lhota actually quit because the Joint Commission on Public Ethics had deemed him too burdened by potential conflicts-of-interest to continue serving as the head of the country’s biggest transit network. The cause of Lhota’s departure emerged in his resignation letter, which the governor’s office initially declined to provide under the state’s public information law.
North Carolina – Bladen County Political Operative Faces New Perjury, Obstruction of Justice Charges
Raleigh News and Observer – Carli Brosseau, Josh Shaffer, Dan Kane, and Will Doran | Published: 7/30/2019
Leslie McCrae Dowless, a Republican political operative who worked for former congressional candidate Mark Harris, faces felony charges in connection with the 2018 general election in North Carolina. Dowless was previously indicted on charges related to an absentee ballot harvesting operation he allegedly ran in 2016 and during the 2018 primary. North Carolina law allows volunteers and campaign workers to collect absentee ballot request forms, but not the ballots themselves. According to the most recent indictment, Dowless directed his workers to pick up ballots and sometimes to indicate falsely with a signature that they had watched the person cast their vote.
North Carolina – NC Elections Board Chairman Resigns, Apologizes Following Sexist Joke at Convention
Raleigh News and Observer – Will Doran | Published: 7/30/2019
State Board of Elections Chairperson Bob Cordle resigned following reports about a joke he made at a conference with hundreds of elections officials from across North Carolina. Cordle told a lengthy joke about women, sex, and cows that many in the audience found inappropriate. His current tenure on the board has been short but eventful, as it faced issues involving election fraud and voting machines. The board also dismissed the elections director and replaced her.
Oklahoma – Lawmaker’s Firm Reaps Payment to Help Throw Speaker’s Ball
Oklahoma Watch – Trevor Brown | Published: 7/26/2019
A company headed by a Republican House member was paid tens of thousands of dollars to help throw a lavish party in honor of Oklahoma House Speaker Charles McCall, raising conflict-of-interest questions. An Oklahoma Ethics Commission filing shows Poligram, an event planning and management firm founded and run by state Rep. Mike Osburn, was paid $40,000 in operating expenses related to planning the 2019 Oklahoma Speaker’s Ball. The event traditionally attracts lawmakers, lobbyists, business leaders and advocates as they prepare to kick off the legislative session each year. Minority Floor Leader David Perryman said privately funded events that benefit politicians are “rife with the potential for political favor and influence.”
Pennsylvania – Longest-Serving Philly Sheriff Is Sentenced to 5 Years in Prison for $675K Bribery Scheme
Philadelphia Inquirer – Craig McCoy | Published: 8/1/2019
Former Philadelphia Sheriff John Green was sentenced to five years in prison after pleading guilty to selling his office for more than $675,000 in benefits, ranging from a secret job for his wife to a renovated and price-reduced home to hundreds of thousands of dollars in illegal campaign contributions. Prosecutors, who brought a sweeping indictment against Green in 2015, said he essentially had sold the office to secret benefactor James Davis, who Green rewarded with $35 million in contracts to advertise and run the office’s foreclosed property sales, often with nothing in writing. In return, Davis plied the sheriff with bribes and illegal campaign contributions.
Rhode Island – Aponte Pleads No Contest to Embezzlement, Must Resign from City Council
Providence Journal – Katie Mulvaney | Published: 7/29/2019
Providence City Councilperson Luis Aponte admitted to embezzling $13,942 from his campaign account and, in doing so, agreed to resign. He must also file outstanding campaign finance reports within 60 days. Prosecutors said Aponte used the money to pay for personal expenses such as Netflix and XBox Live, iTunes, and cable bills. Councilperson David Salvatore called on his colleagues to pass an ordinance tightening ethics requirements and prohibiting indicted people from holding leadership positions. He noted that Aponte ran for reelection in 2018 while under indictment.
Texas – ‘They Will Have to Resign’: Texas lawmakers allege House Speaker said he’d pull credentials from media outlet
Dallas News – Lauren McGaughy and James Barragan | Published: 8/1/2019
State lawmakers who listened to a conversation that a conservative activist secretly recorded with top GOP leadership said Texas House Speaker Dennis Bonnen suggested he would take floor access away from a credentialed media outlet. Reps. Jonathan Stickland, Steve Toth, and Travis Clardy said they listened to the audio of the meeting between Bonnen, House Republican Caucus Chairperson Dustin Burrows, and Michael Quinn Sullivan of Empower Texans, a group that targets GOP lawmakers it deems not conservative enough. Bonnen said he could strip media credentials from Scott Braddock, editor of the Quorum Report, and give media access to Empower Texans’ writers at its website, the lawmakers said. Sullivan had previously alleged the credentials were offered if Empower Texans agreed to target a list of 10 Republicans the speaker wanted ousted.
Wisconsin – A Wisconsin Lawmaker Who’s Paralyzed Isn’t Allowed to Call into Meetings; He Says That Keeps Him from Doing His Job
Milwaukee Journal Sentinel – Patrick Marley | Published: 7/29/2019
Republicans who control the Wisconsin Assembly will not allow a paralyzed Democratic lawmaker who is in a wheelchair to phone into committee meetings. Rep. Jimmy Anderson said enforcing the rule keeps him from performing his job as well as he should. He said the rule discriminates against him because he has difficulty getting to some meetings because of health reasons. “I think it’s disrespectful for someone to be asking questions over a microphone or a speakerphone when individuals are actually taking the time out of their day to come and testify in person,” Speaker Robin Vos said. Anderson said he is considering suing if Assembly leaders do not change their stance. He is researching whether he would qualify as an employee under the Americans with Disabilities Act since he is a lawmaker, not an employee.
July 26, 2019 •
News You Can Use Digest – July 26, 2019
National/Federal Appeals Court Judges Send Emoluments Suit Against Trump Back to a Lower Court New York Times – Sharon LaFraniere | Published: 7/19/2019 A federal appeals court delivered a setback to a lawsuit by congressional Democrats accusing President Trump of illegally […]
National/Federal
Appeals Court Judges Send Emoluments Suit Against Trump Back to a Lower Court
New York Times – Sharon LaFraniere | Published: 7/19/2019
A federal appeals court delivered a setback to a lawsuit by congressional Democrats accusing President Trump of illegally benefiting from his business interests while in office, saying a lower court judge hearing the suit had not adequately considered questions about the separation of powers between the president and Congress. The order by a three-judge panel is a new sign that Trump will not be forced to produce evidence in lawsuits claiming he has violated the anticorruption clauses of the Constitution until the novel legal questions raised in those cases are resolved. The clauses restrict the ability of federal official to accept benefits, or “emoluments,” from foreign or state governments.
As Vice President, Biden Said Ukraine Should Increase Gas Production. Then His Son Got a Job with a Ukrainian Gas Company.
San Francisco Chronicle – Michael Kranish and David Stern (Washington Post) | Published: 7/22/2019
As Joe Biden announced he was seeking the presidency, his son Hunter quietly left his position with Ukraine’s largest private gas company after serving for five years. From the moment Hunter Biden took the job in 2014, Republicans have said it presented a conflict-of-interest for the Bidens. Joe Biden, then the vice president, was the point person on Ukraine policy in the Obama administration. He offered U.S. aid to Ukraine to increase gas production, which could benefit the Ukrainian energy industry. Now Hunter Biden’s service on the board of Burisma Holdings has emerged as an issue facing his father’s campaign. Just as Trump has faced repeated questions about whether his family has sought to benefit financially from his presidency, a similar focus is being given to Hunter Biden’s dealings.
Associate of Michael Flynn Is Found Guilty of Secretly Lobbying for Turkey
MSN – Adam Goldman (New York Times) | Published: 7/23/2019
A business associate of the former national security adviser Michael Flynn was convicted of secretly lobbying for Turkey, a victory for the government after the judge considered dismissing the case because prosecutors lacked evidence. Judge Anthony Trenga had described the evidence against Flynn’s associate, Bijan Kian, as speculative and very circumstantial but let the case go to the jury. Trenga could still toss the verdict and scheduled a September hearing on the matter. Kian was charged with conspiracy to violate lobbying laws and failure to register as a foreign agent. Flynn’s association with the case was front and center during the trial. He pleaded guilty in a separate case to lying the FBI about his conversations with the Russian ambassador and lying on foreign lobbying disclosure forms related to his own work for Turkey.
Big Donor Steyer’s Presidential Run Could Deny Millions to Other Democratic Races
Reuters – Sharon Bernstein | Published: 7/18/2019
Billionaire Tom Steyer, a longtime friend and key donor to liberal candidates and causes, says he decided to run for the Democratic presidential nomination next year because no other candidate was offering a “mandate for change.” But by deciding to fund his longshot bid with $100 million of his own money, some Democratic activists believe all he will end up doing is denying his money to grassroots organizations and candidates in Senate and House races that Democrats are desperate to win. “Every dollar he spends on himself is a dollar that’s not going into something that can make a difference,” said consultant Steven Maviglio, who worked with Steyer in 2010 to defeat a ballot measure aimed at weakening California’s greenhouse gas emissions law.
Dem Frontrunners Cash in on Slippery Definition of Lobbying
Politico – Theodoric Meyer | Published: 7/19/2019
While a few Democratic presidential candidates have said they will not accept contributions from K Street lobbyists, the Lobbyist Disclosure Act makes that pledge difficult to enforce. Some on K Street were able to donate because they are not registered to lobby, a legal requirement for people who meet criteria such as devoting at least 20 percent of the total time they spend working for each client to lobbying. People who oversee teams of lobbyists or work on corporate advocacy campaigns often do not meet that definition. Others have found it is easy to stay below the 20 percent threshold since they can quickly text or email the lawmakers they hope to influence.
Democratic Presidential Candidates Divided Over Returning Donations from Foreign Government Lobbyists
San Jose Mercury News – Casey Tolan | Published: 7/25/2019
From K Street lobbyists representing Saudi Arabia and Qatar to a radio operator broadcasting a Russian state-run news channel, Americans working on behalf of foreign governments have sent the Democratic presidential candidates tens of thousands of dollars in campaign contributions. As the donations flow in, there is a growing divide among the campaigns about whether to pocket the money or send it back. American citizens who work for a foreign government, political party, or organization in a political capacity are required to register as “foreign agents” with the Department of Justice. There is nothing illegal about them giving money to candidates. But at a time when many Democrats are increasingly worried about foreign influence in the U.S. political system, rejecting the donations is a way for the candidates to shore up their good government bona fides.
Democrats Look to Capitalize on Turmoil Inside NRA
The Hill – Alex Gangitano | Published: 7/23/2019
Democrats and allies are looking to capitalize on turmoil at the National Rifle Association (NRA) ahead of the 2020 presidential election. The NRA has been hit by high-profile departures and a power struggle among its leaders, leading to questions about its role in the upcoming election. The NRA has long dominated the gun control debate in the country and showered its favored candidates with coveted endorsements and funding. But with the organization in transition, Democrats see it is a prime opportunity to push back on the issue of gun violence. Groups pushing for tougher gun rules say they will ramp up their own spending in 2020, building on the midterms, which saw a number of gun control candidates elected.
Emails Show DeVos Aides Pulled Strings for Failing For-Profit Colleges
New York Times – Erica Green and Stacy Cowley | Published: 7/23/2019
Dream Center Education Holdings had no experience in higher education when it petitioned the U.S. Department of Education to let it take over a troubled chain of for-profit trade schools. The purchase was approved despite Dream Center’s lack of experience and questionable finances by an administration favorable to for-profit education. But barely a year later, the company tumbled into insolvency and dozens of its colleges closed abruptly. The college is accused of enrolling new students and taking their taxpayer-supported financial aid dollars even after some of its campuses had lost their accreditation. Company records show part of why Dream Center kept going is that it thought the Education Department would try to keep it from failing. Emails said the department’s head of higher education policy had pulled strings to help the company’s schools in their effort to regain a seal of approval from an accreditor.
EPA’s Watchdog Is Scrutinizing Ethics Practices of Agency’s Former Air Policy Chief
Anchorage Daily News – Juliet Eilperin (Washington Post) | Published: 7/22/2019
A key architect of the Trump administration’s efforts to weaken federal climate rules is under scrutiny by a watchdog for his dealings with industry players who lobbied the government to ease carbon pollution limits. It is the third inquiry into whether Bill Wehrum, who headed the Environmental Protection Agency’s (EPA) air policy division from November 2017 until last month, violated federal ethics rules. The EPA’s inspector general is looking at Wehrum’s interactions with his former law firm as well as several of its clients, who rank among the nation’s major emitters of greenhouse gases linked to climate change, according to two individuals who spoke on the condition of anonymity due to the sensitivity of the matter.
Internal Email: Microsoft suspends PAC donations temporarily following employee uproar
GeekWire – Nat Levy | Published: 7/24/2019
Microsoft is temporarily halting donations through its PAC after facing a backlash from employees protesting lack of influence over which candidates and campaigns the organization supported. The employees argued MSPAC used their money to support candidates that conflicted with important company values like diversity and inclusion. In addition to shutting down contributions until the fall, MSPAC will form new employee advisory councils to increase transparency and give employees more of a voice in how the PAC contributions are spent.
Mueller Answers Trump Taunts in Testimony Unlikely to Change the Political Dynamic
MSN – Ashley Parker, Racael Bade, Josh Dawsey, and Mike DeBonis (Washington Post) | Published: 7/24/2019
Testifying before Congress, former special counsel Robert Mueller, over the course of six hours, two hearings, and in his own understated – and at times juddering – way, pushed back on the months-long public relations offensive that President Trump and his team waged to undermine Mueller and his investigators. Mueller clarified his investigation and 448-page report did not, in fact, “totally exonerate” the president – contrary to Trump’s repeated claims – nor did it say there was no obstruction. He dismissed Trump’s frequent claims that Russian interference in the 2016 presidential election was a “hoax,” while also rejecting the president’s charge that his investigation was a “witch hunt.” But Mueller’s turn as a reluctant and at times uncomfortable witness seemed unlikely to change the political dynamic.
Puerto Rico Governor Says He Will Resign Amid Intense Political Pressure, Sweeping Protests
MSN – Arelis Hernandez (Washington Post) | Published: 7/24/2019
The governor of Puerto Rico announced he will resign effective August 2, amid intense pressure from inside and outside his government, after a series of leaked chat messages denigrating his opponents and Hurricane Maria victims triggered outrage from frustrated citizens who had taken to the streets for 13 consecutive days of protests. Ricardo Rosselló had defied calls for his resignation as the island descended into upheaval. He lost support from nearly everyone in his ruling statehood party, and more than a dozen members of his administration had stepped down in recent days. Profanity-laced text messages, written on an encrypted messaging app, showed Rosselló and 11 of his closest aides using sexist and homophobic language to demean female politicians, as well as journalists and Puerto Rican singer Ricky Martin, and make light of Hurricane Maria’s victims.
Trump Sues Lawmakers, NY Officials to Thwart Potential Release of State Tax Returns
The Hill – Jacqueline Thomsen and Naomi Jagoda | Published: 7/23/2019
President Trump sued the U.S. House Ways and Means Committee, the New York state attorney general, and a New York state tax official to try to block any potential efforts by lawmakers to obtain his state tax returns. This lawsuit comes on the heels of a separate complaint filed by the Ways and Means Committee seeking Trump’s federal tax returns. Trump is asking a federal judge to issue permanent injunctions blocking House Democrats from requesting his tax returns under the law, stopping the New York attorney general from enforcing the law, and preventing the New York tax and finance commissioner from providing lawmakers with the tax documents.
Watchdog Group Wants D.C. to See What the States Know About Revolving Doors
The Fulcrom – David Hawkins | Published: 7/23/2019
Public Citizen’s national study of the “revolving door” rules in all 50 states finds most are tougher or better enforced than what is on the books at the federal level. The watchdog group is among those hoping to change that, in part by shining new light on the places where it sees ethical governance promoted above special interests’ influence. The limited way that Washington restricts the flow of people from Capitol Hill and the executive agencies down to K Street (and oftentimes back again) is maddening to advocates for a more open and cleaner government and was raised to new national consciousness by Donald Trump and his “drain the swamp” campaign mantra of 2016.
Zinke Taking Clients from Industries He Oversaw at Interior Department
San Francisco Chronicle – Ari Natter and Jennifer Dlouhy (Bloomberg) | Published: 7/23/2019
Former Interior Secretary Ryan Zinke is lining up consulting clients in industries regulated by his former department at the same time he decries the ethics investigations that drove him from the Trump administration. Zinke dismissed the 15 ethics probes of his dealings atop the department as “BS.” He said his work does not run afoul of prohibitions on post-government employment. Under federal law, a waiting period blocks administration officials from lobbying their former agencies in the 12 months after they depart. Zinke’s business dealings illustrate the “revolving door” between government jobs and corporate interests, said Virginia Canter, chief ethics counsel for Citizens for Responsibility and Ethics in Washington.
Canada
Canada – Ontario’s Influencers: How the heads of lobbying firms have become part of Doug Ford’s inner circle
The Globe and Mail – Jim Mahoney and Karen Howlett | Published: 7/22/2019
Ontario Premier Doug Ford relies on the heads of two lobbying firms for advice, giving them access to his inner circle and influence over provincial politics through strategic direction, crisis management, and input on the recent cabinet shuffle. The close relationships have been fostered in an ethics environment that critics say allows a blurring of lines between lobbying, campaigning, and advising on government operations. Chris Froggatt and Kory Teneycke, who started government-relations firms weeks after helping the Progressive Conservative Party win the election last year, have become powerful backroom advisers to Ford at the same time as their employees lobby his administration.
From the States and Municipalities
Arizona – Public Corruption Tough to Prove Without Smoking Gun
Arizona Capitol Times – Ben Chiles | Published: 7/19/2019
A record of investigations by the Arizona attorney general’s office under Mark Brnovich’s tenure reveals that prosecuting public corruption cases are far from simple. While Brnovich has had some success seeking charges or court rulings against elected officials at the highest levels of state government, recent probes show how nuanced filing charges can be, and how decisions about when to prosecute, or not, can hinge on quirks in statute. Without clear cut evidence – for example, videotapes in the 1991 AzScam case of Republican and Democratic lawmakers accepting payments and bribes from undercover investigators – even high-profile cases of corruption can be challenging to prove before a jury.
California – FBI Raids at DWP, L.A. City Hall Related to Fallout from Billing Debacle
Los Angeles Times – Dakota Smith, David Zahniser, Alene Tchekmediyan, and Laura Nelson | Published: 7/22/2019
FBI agents fanned across the Los Angeles area recently, serving search warrants at multiple government offices, including the Department of Water and Power (DWP), as part of an investigation into how the city responded to the disastrous rollout of a new customer billing system. The FBI raid was the second to occur at City Hall in less than a year. In November, agents hauled out boxes and bags of materials from two of Councilperson Jose Huizar’s offices as well as his home. Since then, a search warrant indicated federal investigators are looking into the activities of several other city officials. An excerpt of a federal search warrant shows investigators are seeking information about DWP contracts, awarded or proposed, with companies affiliated with attorney Paul Paradis, who was retained by the city attorney’s office.
Connecticut – Jon Lender: New state ethics director chosen for shrinking watchdog agency
Hartford Courant – Jon Lender | Published: 7/25/2019
Peter Lewandowski was offered the position of executive director of Connecticut’s Office of State Ethics (OSE), replacing Carol Carson, who is retiring on August 1. His appointment is not yet official pending final arrangements, including his new salary. Lewandowski, the deputy general counsel at the ethics agency, will take the helm of an office that has experienced a 33% cut in staff over the past 12 years. Lewandowski worked a few years with private law firms but has spent most of his legal career working for the OSE on projects attracting little public notice. These included overhauling the agency’s regulations and serving as counsel to Carson on legislative matters. He talked often with members of the General Assembly, testified at committee hearings on bills, and sought to develop bipartisan support for the OSE’s positions.
Florida – Former State Fair Authority Director Agrees to Pay $7,500 Fine to Settle Ethics Complaint
Tampa Bay Times – Tony Marrero | Published: 7/25/2019
Charles Pesano resigned as executive director of the Florida State Fair Authority in 2016 after an investigation found he funneled fair business to his family’s company and accepted Tampa Bay Rays tickets and a hot tub from fair vendors and business partners. Three years later, the episode is hitting him in the wallet. Pesano agreed to pay a $7,500 fine to the Florida Commission on Ethics to settle a complaint against him. A review by the commission found probable cause to support six of the 11 alleged violations of state law that prohibit public officials from accepting gifts and conducting business with their own agency. Pesano will also receive a public censure and reprimand if the commission approves the agreement.
Florida – In Fla., a Push for a Citizen-Only Voting Law
Laredo Morning Times – Amy Gardner and Alice Crites (Washington Post) | Published: 7/22/2019
A network of out-of-state political consultants, secret donors, and activists with ties to President Trump is behind an effort to change the Florida Constitution to explicitly state only citizens may vote in elections, a measure that would amplify the issue of immigration in the 2020 battleground state. Organizers said they have collected nearly twice the signatures needed to qualify for the ballot next year. While federal law explicitly bars noncitizen voting, the language in the Florida Constitution, like that of many states, says “every” citizen who is 18 may vote. The proposed amendment would change the language to say “only” a citizen may vote. Supporters of the amendment said the current phrasing is vague and leaves the door open to laws allowing noncitizens to cast ballots in local elections, now permitted in about a dozen jurisdictions around the country.
Florida – Kraft Infiniti TV Commercial Starring John Dailey Pulled from the Air at Mayor’s Request
Tallahassee Democrat – Jeff Burlew | Published: 7/19/2019
A television commercial for a Tallahassee car dealership that was recently yanked from the airwaves featured a most unusual pitchman, Tallahassee Mayor John Dailey. But Dailey says he was an unwitting participant in the ad, which was shot during a June groundbreaking of the Kraft Brothers’ Infiniti dealership. Dailey said as soon as he found out about the commercial, he asked the dealership to take it down. One viewer who happened to catch it called the city’s Independent Ethics Board’s hotline to complain. That prompted a review by the ethics officer, Julie Meadows-Keefe, who never saw the commercial but recommended the matter be closed without action after speaking with Dailey about it.
Illinois – Chicago City Council Approves Mayor Lori Lightfoot’s Ethics Package; An Empowered Inspector General, Larger Fines Among Reforms
Chicago Tribune – John Byrne and Gregory Pratt | Published: 7/24/2019
The Chicago City Council unanimously approved Mayor Lori Lightfoot’s ethics reform package. Lightfoot has argued her overwhelming win in the April mayoral election gives her a mandate to tighten the rules on aldermanic behavior that is the focus of an ongoing federal investigation at City Hall. In addition to giving Inspector General Joseph Ferguson the ability to audit the city council’s committees, the mayor’s plan also increases fines for ethics violations from the current range of $500 to $2,000 up to $1,000 to $5,000. It broadens the definition of lobbyists to include nonprofits but waives their registration fees. Only those “paid or otherwise compensated” would be required to register.
Illinois – Has Your Alderman Been Indicted? New Website Highlights the History of Corruption in City Hall – And Hopes You’ll Hold New Leaders Accountable
Block Club Chicago – Alex Hernandez | Published: 7/25/2019
Before this spring’s election, four Chicago aldermen were out of jail on bond. Currently, there is one sitting alderman that under federal indictment. Now, a new website is making it easier for residents to know if their elected official is in trouble with the law. The website, hasmyaldermanbeenindicted.com, includes information on the aldermen for all 50 of the city’s wards, as well as the history of political corruption in each ward. Thirty Chicago aldermen have pleaded guilty or been convicted of crimes related to their official duties since 1972, according to The Chicago Tribune.
Iowa – Oops! Secretary of State’s Clerical Error Sets Back Iowa Ballot Measures
Governing – Alan Greenblatt | Published: 7/25/2019
Running elections is the highest-profile part of a secretary of state’s job. But in most states, there are myriad other responsibilities, such as handling business licenses, overseeing notaries, and performing a wide variety of disparate clerical functions. This year, a clerical error by the Iowa secretary of state’s office set back adoption of two constitutional amendments by at least two years. The state constitution requires that when an amendment has been passed the first time, voters must be informed at least three months ahead of the election in which they will elect a new Legislature. To make it official, the secretary of state is in charge of publishing notices in newspapers. This time, the publishing requirement fell through the cracks.
Maryland – In Wake of Healthy Holly Scandal, Baltimore City Council Gives Preliminary Approval to Stronger Ethics Law
Baltimore Sun – Ian Duncan | Published: 7/22/2019
The Baltimore City Council voted unanimously to strengthen the city’s financial disclosure laws, the first reform measure to win approval from a package of bills proposed this spring amid the scandal over former Mayor Catherine Pugh’s sales of her self-published children’s books. The ethics bill, which will be up for final approval at the council’s next meeting in August, would require disclosures of board memberships and clarify which city employees must file an annual disclosure of their financial interests. It also would stiffen the penalties for failing to file the forms. Pugh resigned after The Baltimore Sun disclosed hundreds of thousands of dollars in sales of her “Healthy Holly” books, some to organizations that do business with the city, and a raid of her home and office by federal authorities.
Massachusetts – Are Boston’s New Lobbying Rules Too Broad?
Boston Globe – Danny McDonald and Matt Stout | Published: 7/18/2019
A coalition that included the Greater Boston Chamber of Commerce, Massachusetts Nonprofit Network, and Citizens’ Housing and Planning Association, said in a letter to city officials they were concerned new lobbying regulations in Boston, which went into effect in April, would mean “hundreds of individuals will face registration and reporting burdens for activities that are not traditionally considered lobbying as they go about their normal course of business.” The group provided city officials with a legal analysis prepared by the law firm Foley Hoag that highlighted their concerns and provided “examples of how certain sections could create barriers and burdens to participation in government.” The analysis also proposed new language for amendments to the law.
Minnesota – Former Corrections Official Says She’s Unfairly Accused of Lobbying on State Time
Minneapolis Star Tribune – Stephen Montemayor | Published: 7/23/2019
A top Minnesota Department of Corrections (DOC) official who quit her post recently said she has been accused of lobbying on state time for a veterans’ nonprofit organization run by her husband, an allegation she denied. Sarah Walker, who left her job as a deputy commissioner, indicated she is being unfairly investigated in connection with her ties to the Veterans Defense Project, a Minneapolis nonprofit that does legal work for military veterans. Although DOC officials have said little about the investigation, Walker acknowledged officials had received a complaint alleging she conducted lobbying activities on state time. She denied she had met with lawmakers or with officials in the administration of Gov. Tim Walz on behalf of her husband’s group.
Mississippi – It’s Legal: Candidates could lose election, but pocket campaign cash through loophole
Jackson Clarion-Ledger – Luke Ramseth | Published: 7/23/2019
A loophole in state law allows Mississippi politicians to personally profit from their campaign funds, as long as they use money raised before 2018. Many candidates running in upcoming statewide elections still have significant campaign money saved up from that time, a review of filings found. While lawmakers drew praise for campaign finance reform they passed in 2017, Mississippi’s current law, including the lack of spending rules for old money, remains among the most relaxed in the country.
Montana – Montana’s Top Political Cop Wants 3 Years of State GOP Records
The Missoulian – Holly Michels | Published: 7/23/2019
The commissioner of political practices is demanding the Montana Republican Party turn over campaign finance and other party records it subpoenaed as part of a 2018 campaign finance investigation. But the state GOP is refusing, saying the commissioner does not have the authority and the original complaint is unfounded. The Montana Democratic Party filed a complaint claiming the GOP did not properly report “personal services” in financial disclosures in the 2016 election cycle. Those services are time spent by party staffers assisting state-level candidates with any tasks or services. Democrats had previously been the subject of a complaint filed by a conservative blogger over its use of party employees to help candidates.
Nevada – Ex-Nevada Senate Democrat Sentenced for Campaign Fund Fraud
AP News – Ken Ritter | Published: 7/18/2019
Former Nevada Senate Majority Leader Kelvin Atkinson was sentenced to more than two years in federal prison and fined almost $250,000 for misusing campaign funds to pay personal bills and open a Las Vegas nightclub where he hosted political fundraisers. U.S. Attorney Nicholas Trutanich said poor record keeping kept the FBI from determining how the more than $1.1 million Atkinson reported receiving in campaign contributions from 2010 to 2017 was spent. But he said investigators found a discrepancy of more than $450,000.
New Hampshire – As Lobbying in N.H. Grows More Complex, It’s Nearly Impossible to Follow the Money
New Hampshire Public Radio – Casey McDermott | Published: 7/18/2019
Lobbyists have long been part of the fabric of the New Hampshire Capitol, helping shape policy on a wide range of issues. But their influence is often hard to measure. A New Hampshire Public Radio investigation found the state’s lobbying corps represents all kinds of interests – including, increasingly, nonprofit organizations and out-of-state corporations. But there is little consistency in what information is reported about how much money any client is spending on its lobbying efforts and where that money is going. There is little to no oversight of the lobbyists’ financial disclosure forms. No one is enforcing penalties to ensure the reports are filed, let alone filled out completely and correctly.
New York – Charter Review Commission Gives Final Approval to 19 Proposals in 5 Questions to Appear on November Ballot
Gotham Gazette – Samar Khurshid | Published: 7/25/2019
The New York City Charter Revision Commission officially approved the language of 19 ballot proposals that will be put before voters for the November 5 general election. The ballot proposals are as varied as they are numerous and are grouped into five overarching questions on the ballot. The first of the three elections-related proposals would establish ranked-choice voting in primary and special elections for all city government seats beginning in January 2021. Former city officials and employees currently face a one-year ban from appearing as a lobbyist before the agency or branch of government they served. The commission proposed expanding that to two years for anyone leaving their post after January 2022.
New York – For 105 Clients, Manhattan’s Democratic Leader Now Registered Lobbyist
Albany Times Union – Chris Bragg | Published: 7/18/2019
Between January and July, former New York Assemblyperson Keith Wright, now the leader of the Manhattan Democratic Party, registered as a lobbyist for 72 clients with business before state government. Around the same time Wright was asked about the lobbying, his firm registered him for 33 additional clients. Though Wright says he has never lobbied state lawmakers from Manhattan, he has lobbied their staff members. State law appears to require Wright to file annual financial disclosure forms, but for the past two years he has not. The law also places certain restrictions on the business activities of political party leaders. A faction of the Manhattan Democratic Party has pushed for a rule change to ban paid lobbyists from being the party’s leader; the matter was tabled last year by Wright allies.
Pennsylvania – After a Bombshell Corruption Scandal, Lower Southampton Grapples with Restoring Faith in Government
Philadelphia Inquirer – Vinny Vella | Published: 7/19/2019
John Waltman was a judge, but he acted like a king in his hometown of Lower Southampton, a working-class suburb of Philadelphia. It was an arrogance born of years of political dominance, steeled by backroom deals and barroom meetings. It was shattered in 2016, when Waltman and two of his lieutenants, township Public Safety Director Robert Hoopes and Constable Bernard Rafferty, were indicted on federal corruption charges. They were accused of shaking down business owners seeking township contracts and laundering money they believed was from illegal drug sales. The feds also nabbed Lower Southampton’s former solicitor, Michael Savona, for lying to the FBI about the way the men ran the township. Current township officials insist Lower Southampton is moving beyond the scandal, that the old regime is felled. But they recognize that there is rebuilding to do.
Tennessee – Analysis: 4 areas officials could eye in campaign finance probe of Glen Casada
The Tennessean – Joel Ebert | Published: 7/23/2019
With state officials expected to open an investigation into Tennessee House Speaker Glen Casada’s campaign finances, the embattled lawmaker could face significant scrutiny for how he has spent donors’ money in recent years. Casada, who controls a PAC as well as his personal campaign committee, has more than $560,000 at his disposal. In the last two years, he has raised more than $600,000 and spent $445,000 out of the two committees. Casada used campaign money to cover items ranging from travel to a membership at a private club with a restaurant. While lawmakers are prohibited from using money in their personal campaign accounts for personal expenditures, PACs face no such limits. But a probe into his PAC could further highlight the loophole in state law that allows personal expenses.
Texas – As Austin Ethics Cases Make Headlines, What’s the Penalty?
Austin American-Statesman – Elizabeth Findell | Published: 7/19/2019
The powers of the Austin Ethics Commission are relatively toothless compared with those in some cities on the East and West coasts, which can issue fines or other sanctions in cases of violations. Austin’s council-appointed commission hears complaints against elected and appointed officials and their staffs. If it finds a violation, it can issue one of three types of letters or, in extreme cases, offer a recommendation the person be removed from his or her job. The board can also refer cases for criminal prosecution by city attorneys, but it has not done so in recent decades. As Austin grows, its policies and processes surrounding city ethics have seen more scrutiny as prominent cases have tested them.
Texas – Second Person Pleads Guilty in Federal Bribery Case Involving Dallas City Hall and Housing Developer
Dallas News – Kevin Krause and Sara Coello | Published: 7/23/2019
A second person named in a public corruption case involving former Dallas City Councilperson Carolyn Davis has pleaded guilty. Jeremy Scroggins admitted to using his nonprofit company, Hip Hop Government, to funnel bribes from developer Ruel Hamilton to Davis, who was at the time chair of the council’s housing committee. In exchange, Davis lobbied for and voted for Hamilton’s housing project. Scroggins is the third person to be charged in the case. He acknowledged not reporting the bribes to authorities, records show. The addition of Scroggins could bolster the government’s case against Hamilton, which took a hit with the unexpected death of Davis, a key witness who had pleaded guilty to her involvement.
Washington – Interest Groups Are Pouring Money into Seattle’s City Council Elections Using No-Limit PACs
Seattle Times – Daniel Beekman | Published: 7/19/2019
Businesses, unions, and other interest groups have started pouring money into Seattle City Council races ahead of the August 6 primary election, using PACs that can collect and spend unlimited amounts of money. The special independent committees can accept huge cash contributions and spend as much as they want to support or oppose candidates, as long as they do not coordinate with the candidates. Some have already spent more than the candidates have spent themselves, buying the interest groups major clout. Seattle voters in 2015 approved a groundbreaking democracy vouchers program, which allows residents to assign taxpayer-funded vouchers to qualifying candidates. Meanwhile, outside money appears to be on the rise.
Washington DC – D.C. Council Member’s Cousin Is Listed in $215 Million No-Bid Gambling Contract
San Francisco Chronicle – Fenit Nirappil (Washington Post) | Published: 7/18/2019
The cousin of a District of Columbia Council member who cast a deciding vote for a no-bid sports gambling contract is listed as the chief executive officer of a business that would receive $3 million under the deal. City officials awarded a five-year, $215 million contract to the Greek gambling company Intralot to manage the city lottery and an upcoming online sports betting program. Plans that Intralot submitted list Keith McDuffie, cousin of Councilperson Kenyan McDuffie, as the CEO and point of contact for Potomac Supply, a subcontractor that would receive $3 million over five years to supply commercial paper products. The plans are required to demonstrate that Intralot is meeting city targets for including local and minority-owned businesses.
July 19, 2019 •
News You Can Use Digest – July 19, 2019
National/Federal Acting Labor Secretary Pizzella Lobbied for Russian-Connected Front Group, Worked with Jack Abramoff Center for Responsive Politics – Reid Champlin and Jessica Piper | Published: 7/12/2019 Patrick Pizzella will take the reins at the Department of Labor as acting secretary […]
National/Federal
Acting Labor Secretary Pizzella Lobbied for Russian-Connected Front Group, Worked with Jack Abramoff
Center for Responsive Politics – Reid Champlin and Jessica Piper | Published: 7/12/2019
Patrick Pizzella will take the reins at the Department of Labor as acting secretary after Alex Acosta announced his resignation due to criticism for his light prosecution of sex offender Jeffrey Epstein more than a decade ago. But Pizzella’s record as a lobbyist is likely to come under scrutiny. In the late 1990s, his clients included a Russian front group, the government of the Marshall Islands, and a trade association fighting against the minimum wage in a U.S. commonwealth. For these and other clients, he worked with Jack Abramoff, who was at the forefront of a corruption scandal in the 2000s that ultimately resulted in 21 convictions and major reforms to lobbying laws. Pizzella was never accused of any wrongdoing.
Alex Acosta Resigns as Labor Secretary Amid Intense Scrutiny of His Handling of Jeffrey Epstein Case
MSN – David Nakamura, John Wagner, Ashley Parker, and Josh Dawsey (Washington Post) | Published: 7/12/2019
Labor Secretary Alex Acosta’s resignation amid the mushrooming Jeffrey Epstein investigation made him the latest in a growing list of President Trump’s Cabinet members to depart under a cloud of scandal, plunging an administration that has struggled with record turnover into further upheaval. Trump said Acosta had chosen to step down a day after defending himself in a contentious news conference over his role as a U.S. attorney a decade ago in a deal with Epstein that allowed the financier to plead guilty to lesser offenses in a sex-crimes case involving underage girls. The sole Hispanic member of Trump’s Cabinet said the intense media focus on his role in Epstein’s case threatened to become a distraction that would undermine his work for the administration.
CNN Doesn’t Tell Whole Story About Trump-Loving Panel
San Francisco Chronicle – Paul Fahri (Washington Post) | Published: 7/17/2019
The panel of women CNN interviewed about President Trump liked him a lot and do not think he is a racist, despite a congressional resolution to the contrary. And no question the women are, as CNN identified them, “Republicans.” But the network missed telling its viewers a few other things about the women it put on the air in a segment surveying their reaction to criticism of Trump. The seemingly random group of eight women were, in fact, members of an organized group dedicated to promoting Trump. The group calls itself the Trumpettes of America 2019 Palm Beach Team, although CNN and correspondent Randi Kaye did not mention anything about such a group. Nor did the anchors, including Anderson Cooper, who introduced Kaye’s report.
Consultant Who Worked with Manafort Retroactively Registers as Foreign Agent
Politico – Theodoric Meyer | Published: 7/12/2019
A British consultant who helped publicize a report commissioned by the government of Ukraine in 2012 retroactively registered as a foreign agent with the U.S. Justice Department. The filing sheds a little more light on an elaborate lobbying and public relations effort orchestrated by Paul Manafort starting more than seven years ago on behalf of the Ukrainian government and Viktor Yanukovych, Ukraine’s president at the time and Manafort’s client. Robert Mueller, the former special counsel, looked into the effort as part of his investigation into Russian interference in the 2016 election. The consultant, Jonathan Hawker, registered through FTI Consulting, the firm at which he worked at the time but has since left.
Court Filings Show Trump, Cohen Contacts Amid Hush Money Payments
The Hill – Jacqueline Thomsen and Morgan Chalfant | Published: 7/18/2019
President Trump’s former personal attorney Michael Cohn was in contact with Trump multiple times as he arranged hush money payments to women alleging affairs with Trump ahead of the 2016 election. The previously redacted details of the probe on the payments indicate investigators were aware of calls made between Cohen and Trump, as well as other campaign officials. Cohen pleaded guilty to committing campaign finance violations in relation to the payments and implicated Trump in the scheme. The documents were released after federal prosecutors said they had concluded their investigation into the hush-money payments. The closure of the probe strongly suggests prosecutors will not bring criminal charges against anyone besides Cohen, who pleaded guilty last year to campaign finance violations, lying to Congress, and financial crimes.
F.E.C. Allows Security Company to Help 2020 Candidates Defend Campaigns
New York Times – Nicole Perlroth | Published: 7/11/2019
The FEC said a Silicon Valley security company could immediately start helping 2020 presidential candidates defend their campaigns from the kinds of malicious email attacks that Russian hackers exploited in the 2016 election. The FEC made its advisory opinion one month after lawyers for the agency advised it to block a request by the company, Area 1 Security, which had sought to provide services to candidates at a discount. The FEC lawyers said Area 1 would be violating campaign finance laws that prohibit corporations from offering free or discounted services to federal candidates. The same law also prevents political parties from offering candidates cybersecurity assistance because it is considered an “in-kind donation.”
FEC Gets New Internal Watchdog Following Tumultuous Search
Center for Public Integrity – Dave Levinthal | Published: 7/12/2019
The FEC has a new inspector general, ending a 28-month period that included the de facto neutering of its office charged with investigating and defending against agency waste, fraud, and abuse. Christopher Skinner will begin work as the FEC’s inspector general on August 5. Skinner served as deputy inspector general for the Office of Naval Research for six years, including one year as acting inspector general. Before that, he served as assistant chief of inspections for the Naval Facilities Engineering Command. It took commissioners about a year to begin an earnest search for McFarland’s replacement. Once they did, agency infighting resulted in a disgruntled human resources official canceling an inspector general job posting and, in mid-2018, derailing the search.
Former Flynn Partner on Trial for Illegal Lobbying Charges
Courthouse News Service – Brandi Buchman | Published: 7/15/2019
Though special counsel Robert Mueller’s investigation into foreign influence in the 2016 election has officially wrapped up, a trial began for a former business partner of convicted ex-national security adviser Michael Flynn accused of acting as an illegal agent of the Turkish government. Bijan Rafiekian, an Iranian American businessperson who also goes by Bijan Kian, was indicted on a charge of conspiracy and failure to register as a foreign agent. The charges stemmed from lobbying work done by Kian and Flynn in 2016.
House Condemns Trump’s Attack on Four Congresswomen as Racist
MSN – Julie Hirschfeld Davis (New York Times) | Published: 7/16/2019
The U.S. House voted to condemn as racist President Trump’s attacks against four congresswomen of color, but only after the debate over the president’s language devolved into a bitterly partisan brawl that showcased deep rifts over race, ethnicity, and political ideology in the age of Trump. The measure passed nearly along party lines after one of the most polarizing exchanges on the floor in recent times. Only four Republicans and the House’s lone independent voted with all Democrats to condemn the president. It is virtually unheard-of for Congress to rebuke a sitting president. The last one to be challenged was William Howard Taft, who served from 1909 to 1913. He was accused of having tried to influence a disputed Senate election, but in the end, the Senate passed a watered-down resolution.
House Holds Barr and Ross in Contempt Over Census Dispute
New York Times – Nicholas Fandos | Published: 7/17/2019
The U.S. House voted to hold Attorney General William Barr and Commerce Secretary Wilbur Ross in criminal contempt of Congress for their refusal to turn over key documents related to the Trump administration’s attempt to add a citizenship question to the 2020 census. The citations for two cabinet officials will breathe new life into a dispute that has touched all three branches of government over why administration officials pushed to ask census respondents if they were American citizens and what that question’s effect would be. Democrats investigating the issue believe the documents and testimony being shielded would confirm the administration’s long-stated rationale for collecting the data, to better enforce the Voting Rights Act, was merely a cover for a politically motivated attempt to eliminate noncitizens from population statistics used to allocate political representation, diminishing Democratic power.
How Pharma, Under Attack from All Sides, Keeps Winning in Washington
STAT – Nicholas Forko and Lev Facher | Published: 7/16/2019
Even though Washington has stepped up its rhetorical attacks on the industry and focused its policymaking efforts on reining in high drug prices, the pharmaceutical industry’s time-honored lobbying and advocacy strategies have kept both lawmakers and the Trump administration from landing any of their prescription-drug punches. Even off Capitol Hill, it found a way to block perhaps the Trump administration’s most substantial anti-industry accomplishment in the past two years: a rule that would have required drug companies to list their prices in television ads. The industry has also benefited from a fractured Congress and discord between President Trump’s most senior health care advisers.
Trump Says He Will Seek Citizenship Information from Existing Federal Records, Not the Census
MSN – Katie Rogers, Adam Liptak, Michael Crowley, and Michael Wines (New York Times) | Published: 7/11/2019
President Trump abandoned his quest to place a question about citizenship on the 2020 census and instructed the government to compile citizenship data from existing federal records instead, ending a bitterly fought legal battle that turned the nonpartisan census into an object of political warfare. Trump announcedt he was giving up on modifying the census two weeks after the U.S. Supreme Court rebuked his administration over its effort to do so. Trump made the clearest statement yet that his administration’s ultimate goal in obtaining data on citizenship was to eliminate noncitizens from the population bases used to draw political boundaries, a longstanding dream in some Republican circles. Wilbur Ross, the secretary of commerce who spearheaded the effort to add the citizenship question, had long insisted the data was needed to enforce the Voting Rights Act.
Trump Tells Freshman Congresswomen to ‘Go Back’ to the Countries They Came From
MSN – Katie Rogers and Nicholas Fandos (New York Times) | Published: 7/14/2019
President Trump said a group of four minority congresswomen feuding with House Speaker Nancy Pelosi should “go back” to the countries they came from rather than “loudly and viciously telling the people of the United States” how to run the government. Wrapped inside that insult, which was widely established as a racist trope, was a factually inaccurate claim: only one of the lawmakers was born outside the country. Even though Trump has repeatedly refused to back down from stoking racial divisions, his willingness to deploy a lowest-rung slur, one commonly and crudely used to single out the perceived foreignness of nonwhite, non-Christian people, was largely regarded as beyond the pale.
With Name-Calling and Twitter Battles, House Republican Campaign Arm Copies Trump’s Playbook
New York Times – Catie Edmonson | Published: 7/17/2019
The National Republican Congressional Committee (NRCC), with the blessing of House Republican leaders, has adopted a no-holds-barred strategy to win back the House majority next year, borrowing heavily from President Trump’s playbook in deploying such taunts and name-calling. After losing 40 seats and the majority in November, U.S. Rep. Tom Emmer, the NRCC’s new chairperson, and Minority Leader Kevin McCarthy decided their messaging needed to be ruthless. The offensive hinges largely on the notion that by tagging all House Democrats as socialists, anti-Semites, or far-left extremists, Republicans will be able to alienate swing-state voters.
From the States and Municipalities
Arizona – Utility Panel OKs New Limits on Campaign Contributions to Commission Candidates
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 7/11/2019
State utility regulators approved a new code of ethics, including new limits on how much anyone with business before them can donate to candidates running for the Arizona Corporation Commission. But two of the panel members said the wording has a gaping hole that could still give utilities a way of financing their favorite commission candidates, at least indirectly. The language technically does not keep current and would be commissioners from taking campaign money from utilities and others who are trying to convince the panel to approve or reject some pending issue. Instead it says if a candidate for the commission takes campaign money from someone who has business before the commission they cannot vote on that matter when it goes before the panel.
Hawaii – Defiant Ethics Commission Defends Decisions on Kealohas
Honolulu Civil Beat – Nick Grube | Published: 7/17/2019
The Honolulu Ethics Commission is under renewed scrutiny for how it handled a series of investigations into retired city police chief Louis Kealoha and his wife, Katherine, who is a former city prosecutor. The Kealohas were convicted along with two police officers of framing Katherine’s uncle, Gerard Puana, for the theft of their mailbox and then trying to cover it up. Two other Honolulu police officers pleaded guilty to other charges stemming from the federal probe. The commission launched a series of investigations into the Kealohas in 2014. Those inquiries stalled in 2015, however, after the commission yanked its main investigators, Chuck Totto and Letha DeCaires, from the case and made a series of decisions that effectively ended their careers.
Illinois – Mayor Lori Lightfoot’s City Council Ethics Plan Advances
Chicago Tribune – John Byrne | Published: 7/17/2019
The Chicago City Council’s Ethics Committee advanced a package of reforms to give the city watchdog more oversight of the body and tighten rules on outside jobs and lobbying. In a late change to the proposal, people acting on behalf of nonprofits would not need to register as lobbyists if they are unpaid or if they are providing technical assistance to the agencies. Mayor Lori Lightfoot’s ethics proposal also include measures to tighten the rules for aldermen holding outside jobs and increase fines for ethics violations, from the current $500 to $2,000 up to $1,000 to $5,000.
Missouri – Since Voters Approved A $5 Cap on Gifts, Lobbyist Spending on Missouri Lawmakers Dropped 94%
St. Louis Public Radio – Aviva Okeson-Haberman | Published: 7/11/2019
Voters approved a five-dollar limit on gifts for lawmakers in November. An analysis of data from the Missouri Ethics Commission shows there has been a 94% decrease in spending from the 2019 to 2018 legislative session. In this year’s session, lobbyists spent less than $17,000 on lawmakers. That is a significant drop from the about $300,000 spent in the 2018 session. University of Missouri political science professor Peverill Squire said most of the spending is now on larger events that all lawmakers can attend. There is still a five-dollar limit per lawmaker for those events.
New York – Ex-IDC Members Pay $275,000, Settling Sugarman Suit
Albany Times Union – Chris Bragg | Published: 7/11/2019
In January, Risa Sugarman, chief enforcement counsel for the State Board of Elections. sought more than $8.6 million in penalties and fines from senators, campaign staff, and party officials connected to a fundraising partnership between the Independence Party and the Independent Democratic Conference (IDC), which controversially partnered with Republicans to run the New York Senate for half a decade. Eight former IDC members recently paid $275,000 to settle the allegations they took millions of dollars in unlawful campaign donations. The settlement agreement does not include the state Independence Party or its officials. Sugarman’s case against the Independence Party, which seeks $17,000 in fines and the return of $171,000 party money to donors, is still pending.
New York – Mt. Vernon Has 2 Mayors, and Its Police Commissioner Was Just Arrested
New York Times – Sarah Maslin Nir | Published: 7/18/2019
Shawn Harris was taken into custody when he arrived at Mount Vernon police headquarters to begin work as the city’s police commissioner. Harris was appointed by Andre Wallace, who purports to be the acting mayor after the city council deemed Richard Thomas to have forfeited the mayor’s office when he pleaded guilty to misusing $12,900 in campaign funds. Thomas insists he is still in power and remains in the mayor’s office in City Hall, with a pair of police officers standing guard. Further confusion came when the city council issued a statement disavowing Wallace’s appointment of Harris. Things were in such flux that staff members in the city clerk’s office needed to print out organizational charts as they tried to explain who in the administration is currently who.
North Dakota – North Dakota Focuses on Ethics
U.S. News & World Report – Cinnamon Janzer | Published: 7/12/2019
In February 2018, North Dakota Gov. Doug Burgum and his wife took a Super Bowl trip funded by Xcel Energy (which he later paid back), and state Rep. Jim Kasper took multiple trips involving the internet gambling industry in 2005. In response, a coalition of citizens pushed for a state ethics commission. Voters in 2018 passed Measure 1, amending the North Dakota Constitution to add Article 14, which required the Legislature to pass laws to regulate campaign finance disclosures and established an ethics commission designed to “support open, ethical, and accountable government” among other responsibilities. The commission is being formulated this summer, and its creation has not been without controversy. Experts have concerns about how effective tit will be, largely due to changes in the legislation that established the panel.
Ohio – City Elections Commission Offers Guidance on Campaign Finance Change
WVXU – Jay Hanselman | Published: 7/11/2019
Contributions made by made by limited liability corporations (LLC) to Cincinnati mayoral and city council candidates prior to December 1, 2018, will not count toward a donor’s limits under the city’s new campaign finance charter amendment. The ballot measure said an LLC cannot contribute to mayoral or city council candidates “solely in the name” of the business. Those donations must be associated with the person, owner, or partner making it. Attorney Micah Kamrass had asked the city’s Elections Commission “whether contributions made to a city council or mayoral candidate by an LLC will be counted as contributions made by an individual if the contributions were made prior to the effective date” of the Charter amendment.
Texas – Ellis Proposes Ethics Reforms for Harris County Government
Houston Chronicle – Zach Despart | Published: 7/12/2019
Harris County Commissioner Rodney Ellis has proposed two ethics reforms he says are needed to improve transparency in county government, though Texas counties’ limited rule-making power may scuttle his plan. Commissioners Court unanimously backed Ellis’ request to study how the county can establish mandatory registration of lobbyists and a blackout period for campaign contributions to elected officials from firms who seek or receive county contracts. Harris County since 2009 has allowed lobbyist registration on a voluntary basis. Participation has been dismal – just 17 lobbyists have signed up in the past decade, according to records.
Texas – State Leaders Again Want to Review How Texas Elects Judges. Will They End Partisan Judicial Elections?
Texas Tribune – Emma Platoff | Published: 7/15/2019
After a punishing election for Republican judges, state leaders are set to take a look at Texas’ often-criticized judicial selection system. Gov. Greg Abbott signed a law creating a commission to study the issue, signaling the Legislature could overhaul the system as soon as 2021. One of just a few states that maintains a system of partisan judicial selection all the way up through its high courts, judges are required to run as partisans but expected to rule impartially. They are forced to raise money from the same lawyers who will appear before them in court. And in their down-ballot, low-information races, their fates tend to track with the candidates at the top of the ticket. That means political waves that sweep out of office good and bad, experienced and inexperienced judges alike.
Washington – In Win for Public Campaign Financing, State Supreme Court Upholds Seattle’s Unique ‘Democracy Vouchers’
Governing – Daniel Beekman (Seattle Times) | Published: 7/15/2019
The Washington Supreme Court upheld Seattle’s “democracy vouchers” program, which allows residents to direct taxpayer money to qualifying political candidates. The Pacific Legal Foundation supported a lawsuit to block the program on behalf of a pair of residents, claiming it would effectively force them to support candidates they might not agree with. The justices ruled because any candidate can qualify to receive the funds the program is effectively neutral. Proponents say the vouchers counter big money in politics by involving people who otherwise would not donate and by helping lesser-known candidates compete.
Washington DC – Tensions Reach a New High on D.C. Council as Lawmakers Grapple with Scandal
Washington Post – Peter Jamison and Fenit Nirappil | Published: 7/13/2019
Heated fights at the District of Columbia Council over how to discipline a lawmaker under federal investigation and whether to approve a controversial gambling contract have deepened a growing rift among city leaders. Tensions have been simmering after repeated revelations about Councilperson Jack Evans and his private business dealings with companies with interests before city government. The divisions escalated at a recent meeting when a group of lawmakers tried but failed to strip Evans of all committee assignments. Next, they tried unsuccessfully to stop a no-bid sports betting and lottery contract that several said “stinks” of cronyism. Instead, council Chairperson Phil Mendelson and allies were able to approve the contract and avoid harsh penalties for Evans.
West Virginia – A Resolution Condemning Pipeline Challengers Passed Easily. A Pipeline Lobbyist Wrote It.
ProPublica – Kate Mishkin (Charleston Gazette-Mail) | Published: 7/11/2019
House Resolution 11, sponsored by nearly half of West Virginia delegates, praised the Atlantic Coast Pipeline, a major natural gas project. Then, the resolution sharply condemned the citizens’ groups that challenged the project in court. The resolution passed 80 to 17. What was not mentioned on the House floor was the resolution was drafted by the pipeline company itself. Bob Orndorff, a lobbyist for Dominion Energy, wrote the resolution and sent it to the House. It is not abnormal for a lobbyist to provide insight or help draft legislation. But Orndorff’s resolution was different from other pieces of legislation because it singled out a specific group. It sheds light on the close relationship between West Virginia’s growing natural gas industry and its legislative branch.
July 12, 2019 •
News You Can Use Digest – July 12, 2019
National/Federal 2020 Democrats Vow to Get Tough on Lobbyists The Hill – Alex Gangitano | Published: 7/7/2019 Democratic presidential hopefuls are taking aim at the lobbying world, vowing to enact sweeping reform proposals if they win election. Contenders from both parties […]
National/Federal
2020 Democrats Vow to Get Tough on Lobbyists
The Hill – Alex Gangitano | Published: 7/7/2019
Democratic presidential hopefuls are taking aim at the lobbying world, vowing to enact sweeping reform proposals if they win election. Contenders from both parties have long run as outsiders to K Street, with President Trump famously vowing on the campaign trail to “drain the swamp.” But the spotlight on K Street has intensified this cycle, with the left urging candidates to reject corporate money and Democratic lawmakers raising concerns about the “revolving door” that sees lobbyists land top administration posts. U.S. Sens. Elizabeth Warren and Michael Bennet have called for a strict lifetime ban on lawmakers lobbying. Those candidates in the U.S. House are touting tough restrictions on lobbyists they helped pass this year as part of a sweeping ethics bill.
AP: Federal grand jury probing GOP fundraiser Elliott Broidy
AP News – Jim Mustian and Desmond Butler | Published: 7/8/2019
A federal grand jury in New York is investigating top Republican fundraiser Elliott Broidy, examining whether he used his position as vice chairperson of President Trump’s inaugural committee to drum up business deals with foreign leaders. Prosecutors appear to be investigating whether Broidy exploited his access to Trump for personal gain and violated the Foreign Corrupt Practices Act, which makes it illegal for U.S. citizens to offer foreign officials “anything of value” to gain a business advantage. Things of value in this case could have been an invitation to the January 2017 inaugural events or access to Trump.
Appeals Court Tosses Emoluments Suit Against Trump
Politico – Josh Gerstein | Published: 7/10/2019
A federal appeals court panel dismissed a lawsuit accusing President Trump of violating the Constitution by continuing to do business with foreign and state governments while serving as president. The Fourth Circuit Court of Appeals ruled the state of Maryland and the District of Columbia, who joined together to file the suit, lacked legal standing to object to his alleged violations of the Constitution’s clauses prohibiting receipt of so-called emoluments while in office. Writing for the court, Judge Paul Niemeyer concluded the case turned on unduly speculative claims that the District of Columbia and Maryland governments were being harmed by people favoring Trump’s Washington hotel in order to curry favor with him.
Democrats Grapple with a Sprawling Primary Field, and No One to Shape It
MSN – Reid Epstein (New York Times) | Published: 7/4/2019
Many strategists say the Democratic Party’s slate of 24 presidential candidates is too unwieldy for a constructive debate, and too large for most voters to follow. With a leadership vacuum at the top of the party, there is no one to elevate candidates with an endorsement, or help steer third-tier candidates out of the race when they have reached their plausible expiration date. Former President Obama is sitting out the primary. The Clintons, a once-dominant party presence, are largely unwelcome this time around. Of the party’s living former presidential nominees, just Walter Mondale and Michael Dukakis have weighed in on the race. The rest are keeping their distance from the messy primary, which polling shows has bifurcated between a top tier of five candidates and everyone else vying just to qualify for the party’s fall debates.
Elizabeth Warren Shuns Conventional Wisdom for a New Kind of Campaign
Politico – Alex Thompson | Published: 7/9/2019
U.S. Sen. Elizabeth Warren is defying the traditional playbook for running a modern presidential campaign. She raised $19.1 million in the second quarter of this year despite swearing off large fundraising events. Her campaign has gone without an outside polling firm, and says it has no plans to hire one, even though it is standard operating procedure. The campaign is shunning the typical model for producing campaign ads, in which outside firms are hired and paid commissions for their work. Instead, Warren’s campaign is producing TV, digital, and media content itself, as well as placing its digital ad buys internally. The approach is a rebuke of the consultant-heavy model of campaigns. Warren and her team see the standard campaign as another symbol of Washington corruption, and an opportunity to do things differently.
Eric Swalwell Ends White House Bid, Citing Low Polling, Fundraising
Politico – Carla Marinucci and Jeremy White | Published: 7/8/2019
U.S. Rep. Eric Swalwell, dogged by fundraising challenges and a failure to register in the polls, is ending his longshot bid for the presidency. He had called on Democratic front-runner Joe Biden to “pass the torch” of party leadership to a new generation in the first Democratic presidential debates. But Swalwell later called a press conference to announce that instead of continuing in the primaries, he will instead seek a fifth term representing his strongly Democratic district in Congress. Consultant Garry South said Swalwell’s attempts at generational appeal “could have had traction, but he was pre-empted by someone a year younger, Pete Buttigieg. He didn’t have that lane to himself.”
FBI Arrests Former Top Puerto Rico Officials in Government Corruption Scandal
National Public Radio – Bobby Allyn | Published: 7/11/2019
U.S. authorities unsealed a corruption indictment against two former top officials in Puerto Rico for directing some $15.5 million in contracts to favored businesses, allegedly edging out other firms for the lucrative government work despite allegations of being unqualified. The two former Puerto Rico leaders – Julia Keleher, who was the secretary of the island’s department of education before stepping down in April, and Ángela Ávila-Marrero, who led Puerto Rico’s Health Insurance Administration until June – were arrested by FBI agents. Prosecutors wrote in the indictment that the conspiracy involved the two former public officials handing four associates who had an inside track to contracts.
Female Tech Lobbyists Shake Up Industry
The Hill – Alex Gangitano | Published: 7/9/2019
Male-dominated Silicon Valley has long faced criticism over gender diversity issues, but in Washington, D.C., the tech industry’s most prominent groups are increasingly led by women. For women in the industry, those changes are a promising trend and long overdue, and come at a critical time for tech businesses. Shirley Bloomfield, chief executive officer of The Rural Broadband Association (NTCA), first started as a lobbyist at NTCA 30 years ago, when she said it was a “barren wasteland for women in the tech industry.” She left after 20 years for stints at Qwest and Verizon, before returning as chief executive nine years ago. Bloomfield says there is more to be done to improve representation.
GOP at War Over Fundraising
Politico – Alex Isenstadt | Published: 7/10/2019
Tensions over the future of the Republican Party’s grassroots fundraising are reaching a breaking point, with the national party turning to strong-arm tactics to get Republicans behind its new, Donald Trump-endorsed platform for small donors. The Republican National Committee (RNC) is threatening to withhold support from party candidates who refuse to use WinRed, the GOP’s newly established online fundraising tool. And the RNC, along with the party’s Senate and gubernatorial campaign arms, are threatening legal action against a rival donation vehicle. The moves illustrate how Republican leaders are waging a determined campaign to make WinRed the sole provider of its small donor infrastructure and to torpedo any competitors.
In the Aftermath of Khashoggi’s Murder, Saudi Influence Machine Whirs on in Washington
Stamford Advocate – Beth Reinhard, Jonathan O’Connell, and Tom Hamburger (Washington Post) | Published: 7/10/2019
Since fall 2018, Washington, D.C. lobbyists and lawyers have reaped millions of dollars for assisting Saudi Arabia as it works to develop nuclear power, buy American-made weapons, and prolong U.S. assistance to the Saudi-led coalition waging war in Yemen, foreign lobbying records show. Shaped by a sophisticated machine that was built over decades, Saudi support on Capitol Hill has been tested in recent months amid international outrage over the kingdom’s involvement in journalist Jamal Khashoggi’s death and a war in Yemen that has killed tens of thousands of civilians. In recent months, some Republicans have joined Democrats in trying to limit U.S. military aid and weapon sales to Saudi Arabia. But with billions of dollars at stake, the powerful defense industry has helped the lobbying corps contain GOP defections.
‘It Can’t Be Worse’: How Republican women are trying to rebuild
New York Times – Maggie Astor | Published: 7/9/2019
As their own election losses poured in, Republicans watched Democratic women make historic gains in 2018 and decided to adopt the Democrats’ strategy for themselves. Those attending the Women’s Campaign School at Yale University said saving Republican women from political extinction was a challenge far bigger than one election cycle. This is because the deeper problem is that Democratic women have a bench; Republican women do not. Part of the trouble is demographic. There are just more Democratic than Republican women among registered voters, and President Trump, who is less popular among women than among men, has not helped. Republicans also lag strategically in several areas: in recruiting female candidates, training them, funding them, and helping them through primaries.
Judge Blocks Trump Rule Requiring Drug Companies to List Prices in TV Ads
New York Times – Katie Thomas and Katie Rogers | Published: 7/8/2019
A federal judge ruled the Trump administration cannot force pharmaceutical companies to disclose the list price of their drugs in television ads, dealing a blow to one of the president’s most visible efforts to pressure drug companies to lower their prices. U.S. District Court Judge Amit Mehta ruled the Department of Health and Human Services exceeded its regulatory authority by seeking to require all drug makers to include in their television commercials the list price of any drug that costs more than $35 a month.
Rep. Duncan Hunter’s ‘Deep State’ Defense Falls Apart
Roll Call – Emily Kopp | Published: 7/8/2019
U.S. Rep. Duncan Hunter’s bid to dismiss the corruption charges against him by alleging a “deep state” conspiracy by U.S. attorneys fell apart when it was revealed that Hunter’s lead attorney had attended the same Democratic fundraiser that he said biased prosecutors. U.S. District Court Judge Thomas Whelan ruled against a motion filed by Hunter’s team, arguing the case should be relocated or dismissed because two of the prosecutors attended a 2015 fundraiser for Hillary Clinton, who was running for president. Their attendance, Hunter’s lawyers said, meant they would be biased in the case against Hunter, an early supporter of Donald Trump. The Justice Department revealed that the lead attorney for Hunter’s defense, Gregory Vega, was also present, and even donated to her campaign.
Steve Bullock Hates ‘Dark Money.’ But a Lobbyist for ‘Dark Money’ Donors Is Helping His Campaign.
Center for Public Integrity – Laura Zornosa | Published: 7/8/2019
Montana Gov. Steve Bullock is staking his presidential campaign on battling “dark money.” But in August, Bullock is scheduled to visit Washington, D.C., for a closed-door campaign fundraiser co-hosted by 11 of the capital’s, including a federally registered lobbyist whose clients have contributed corporate cash to groups that do not disclose their donors, according to an invitation. Jay Driscoll, a Bullock friend and managing partner at lobbying firm Forbes-Tate, lobbied for 37 corporate clients during the first quarter of 2019 alone. The Center for Public Integrity in 2014 found nine of Driscoll’s current corporate lobbying clients had contributed to politically active nonprofit groups that do not voluntarily disclose their donors.
Study: Firm governance key as shareholders assess risk of political activity
Phys.org; Staff – | Published: 7/9/2019
It is the structure of a firm’s governance that may cause shareholders to walk away if they think they cannot hold the company accountable for its political activity, according to a new study. The research provides empirical evidence to inform the debate surrounding whether companies should be required to disclose details of their investments in political activities as a means of increasing accountability to both shareholders and the public. “The study clearly presents the various ways that U.S. companies can influence the political process via campaign finance and what risk it presents to the average investor because of the lack of transparency over the amounts spent,” said the study’s co-author, Hollis Skaife, an accounting professor at the University of California.
Trump Campaign Knew Consultant Was Behind Joe Biden Parody Site. Does That Make It a Campaign Finance Violation
Newsweek – Asher Stockler | Published: 7/9/2019
Multiple members of President Trump’s re-election campaign knew one of their colleagues was the creator of the Joe Biden parody site before his identity was disclosed recently, a campaign source familiar with the matter said. The New York Times revealed Trump campaign consultant Patrick Mauldin as the digital guru behind JoeBiden.info, a website “parody” of the Biden campaign that was designed to highlight unfavorable quotes and gaffes from the former vice president. While his campaign activities and his extracurricular activities appear to be separate functions, Mauldin’s dual status as a bona fide campaign worker and off-duty web guru raises the question of potential campaign finance violations.
Trump Can’t Block Critics from His Twitter Account, Appeals Court Rules
MSN – Charlie Savage (New York Times) | Published: 7/9/2019
President Trump cannot block his critics on Twitter, a federal appeals court ruled in a case that could affect officials’ communications with the public on social media. Because Trump uses Twitter to conduct government business, he cannot exclude some Americans from reading his posts, and engaging in conversations in the replies to them, because he does not like their views, a three-judge panel of the U.S. Court of Appeals for the Second Circuit ruled unanimously. The ruling was one of the highest-profile court decisions yet in a growing constellation of cases addressing what the First Amendment means in a time when political expression increasingly takes place online.
Warren and Whitehouse call for investigation into Chamber of Commerce
The Hill – Alex Gangitano | Published: 7/10/2019
U.S. Sens. Elizabeth Warren and Sheldon Whitehouse are calling for an investigation into whether the U.S. Chamber of Commerce is properly disclosing lobbying activities. The senators wrote a letter to the Secretary of the Senate and the Clerk of the House, where entities file lobbying disclosures, asking for a review of the Chamber’s reports to determine if they are in compliance with the Lobbying Disclosure Act (LDA). The senators reviewed the Chamber’s disclosures from 2008 through the first quarter of 2019 and claim that since the second quarter of 2016, the Chamber has failed to provide information on its affiliated organizations. The LDA requires a coalition or association disclose entities that contribute at least $5,000 a quarter to its lobbying activities and that actively participate in its lobbying activities.
White House Kills Key Drug Pricing Rule to Eliminate Hidden Rebates
Washington Post – Yasmeen Abutaleb | Published: 7/11/2019
The Trump administration pulled one of its key proposals to lower drug prices that would have eliminated rebates to middlemen in Medicare, which President Trump’s top health official had touted as one of the most significant changes to curb medicine costs for consumers. The rule is the second major drug pricing effort to get blocked recently, complicating the administration’s efforts to make lowering prescription medicine costs a key 2020 presidential campaign issue. Drug makers had favored the rule, but it was strongly opposed by pharmacy benefits managers.
Why the Trump White House Is Caught Up in the Jeffrey Epstein Scandal
MSN – Vivian Wang (New York Times) | Published: 7/7/2019
By the time Jeffrey Epstein, the billionaire financier and felon, was arrested recently and charged with sex trafficking, he had been repeatedly accused of pedophilia and sexual abuse for more than a decade. But Epstein, whose acquaintances include two presidents and multiple celebrities, had until then avoided federal prosecution. The case could shed new light not only on the allegations, which span years and countries, but also on the extent to which officials who have been linked to Epstein – including, most notably, President Trump and his labor secretary, Alexander Acosta — knew about or downplayed them.
From the States and Municipalities
California – California Bill Limits Spending by Local Government Groups
AP News – Kathleen Ronayne | Published: 7/9/2019
A California lawmaker wants to limit how local government associations can spend taxpayer money after two city councilors got into a brawl at a recent seminar put on by one of the groups. Assemblyperson Cristina Garcia’s bill targets groups that lobby on behalf of and hold education events for local governments. It specifically references the California Contract Cities Association, but it would also apply to groups such as the League of California Cities and the Independent Cities Association. The bill would prohibit them from using dues collected from cities for anything other than lobbying or expenses directly related to educational seminars. The groups would have to disclose how they spend their money.
Florida – Florida, the Sunshine State, Is Slow to Adopt Rooftop Solar Power
New York Times – Ivan Penn | Published: 7/7/2019
Florida calls itself the Sunshine State. But when it comes to the use of solar power, it trails 19 states, including not-so-sunny Massachusetts, New Jersey, and Maryland. Solar experts and environmentalists blame the state’s utilities. The utilities have hindered potential rivals seeking to offer residential solar power. They have spent tens of millions of dollars on lobbying, ad campaigns, and political contributions. And when homeowners purchase solar equipment, the utilities have delayed connecting the systems for months. In Florida, utilities make money on virtually all aspects of the electricity system – producing the power, transmitting it, selling it, and delivering it. Critics say the companies have much at stake in preserving that control.
Georgia – ‘Drag This Out as Long as Possible’: Former official faces rare criminal charges under open-records law
New York Times – Richard Fausset | Published: 7/8/2019
When he was mayor of Atlanta, Kasim Reed’s relationship with the news media was notoriously contentious. At one news conference, Reed responded to reporters’ requests for records by simultaneously releasing more than 1.4 million pages of documents on paper, stuffed into more than 400 boxes, some of them filled with blank sheets and minuscule spreadsheet printouts – a gesture interpreted by many in the local press corps as an act of nose-thumbing. His former press secretary, Jenna Garland, is now facing criminal charges for allegedly failing to comply with Georgia’s open records law. It is a rare predicament for an American government official, and the allegations will do little to allay investigative reporters’ worst suspicions about the spirit with which bureaucrats receive their nagging, but legal, records requests.
Massachusetts – New Disclosure System Creating Headaches for Lobbyists
Taunton Gazette – Matt Murphy (State House News Service) | Published: 7/11/2019
Multiple lobbyists said that over the course of the past week they have tried to input their data to comply with Massachusetts’ disclosure law – including bills that they are lobbying on, expenditures for clients, and campaign contributions – only to be unable to save their work, have the system crash, or see their data erased. Penalties for late filings start at $50 a day for the first week and grow to $100 after July 20. While a larger firm may be able to absorb some fines, one person who works in the industry said they have seen the bills mount for smaller clients, including non-profits, who are less familiar with their responsibilities to report.
Mississippi – Mississippi Politician Blocks Female Reporter from Campaign Trip
MSN – Karen Zraik (New York Times) | Published: 7/10/2019
State Rep. Robert Foster, who is running for governor of Mississippi, blocked a female reporter from shadowing him on a campaign trip “to avoid any situation that may evoke suspicion or compromise” his marriage. Larrison Campbell of Mississippi Today said Foster’s campaign manager, Colton Robison, told her a male colleague would need to accompany her on a 15-hour campaign trip around the state. In blocking the reporter, Foster invoked the “Billy Graham rule,” which refers to the Christian evangelist’s refusal to spend time alone with any woman who was not his wife. The practice has drawn renewed attention in recent years, especially after the resurfacing of a 2002 comment by Vice President Mike Pence that he would not eat alone with any woman other than his wife.
Missouri – ‘Dream for Fans of Corruption’: Greitens Confide ruling vexes transparency advocates
Kansas City Star – Jason Hancock | Published: 7/9/2019
A Cole County judge ruled former Gov. Eric Greitens did not violate Missouri’s Sunshine Law when he and his government staff used a self-destructing text message app called Confide. Circuit Court Judge Jon Beetem said because the text messages were automatically deleted, it meant they were never officially retained, and therefore were not covered by the law. There is no right for a private citizen to sue under the state’s record retention law, the judge said, so the lawsuit against the governor’s office that was filed in late 2017 could not move forward. “[Beetem’s decision] blows a giant hole in the Sunshine Law, and invites further deliberate, automatic destruction of records by public officials,” said Daxton Stewart, a journalism professor at Texas Christian University.
New York – Cuomo Signs a Bill to Allow Release of Trump’s State Tax Returns
New York Times – Jesse McKinley | Published: 7/8/2019
As the battle over President Trump’s federal taxes intensifies in Washington, New York Gov. Andrew Cuomo signed a bill to allow congressional committees to access the president’s state tax returns. The bill requires state tax officials to release the president’s state returns for any “specified and legitimate legislative purpose” on the request of the chairperson of one of three congressional committees. It is effective immediately, though it is unclear whether it would be challenged by the administration or used by the congressional committees. Still, the state tax documents from New York, the president’s home state and business headquarters, would likely contain much of the same information as the contested federal returns, tax experts say.
New York – Legendary ‘Three Stooges’ Were Briefly NY Campaign Donors
Albany Times Union – Chris Bragg | Published: 7/10/2019
Last year, a campaign account controlled by Nick Langworthy, the new chairperson of the New York State Republican Party, received nearly $13,000 in donations from “Moe Howard” and “Larry Howard,” and also made a $150 payment to “Curly Howard,” according to campaign finance records. A state GOP spokesperson said the Three Stooges’ listing in the campaign filings resulted from errors by the committee’s campaign treasurer, who had put the names in as “placeholders” for real, living peoples’ donations made through PayPal. The Stooges’ names were then accidentally left in place when reports were filed with the state Board of Elections.
North Dakota – North Dakota House Energy Committee Chairman Says Business Relationship with Lobbyist Unrelated to Legislative Work
Grand Forks Herald – John Hageman | Published: 7/8/2019
The chairperson of the North Dakota House’s energy committee defended a business relationship with the state’s top oil and gas lobbyist. Rep. Todd Porter and North Dakota Petroleum Council President Ron Ness are both listed in state records as partners in a commercial real estate investment group. Porter said the relationship does not affect his decision-making at the Capitol because the oil industry is unrelated to the property partnership, which he said includes 42 partners. He said he and Ness were friends “long before” he joined the Legislature in 1999.
Oklahoma – Stitt Outlaws State Agency Lobbyist Hiring with Executive Order
Tulsa World – Keaton Ross (The Oklahoman) | Published: 7/6/2019
Oklahoma Gov. Kevin Stitt issued an executive order that bars state agencies from hiring outside lobbyists as long as he remains in office. Stitt first addressed lobbying in state government in January, when he filed an executive order requiring all state agencies to submit a list of every lobbyist they hired and the terms of their contract. This order also prohibited agencies from entering into, or renewing, any contract with a lobbyist through the duration of Fiscal Year 2019. A total of 35 state agencies hired lobbyists last fiscal year. Some paid local public relations firms, while others consulted with individuals.
Oregon – Political Theater Overshadows Policy; Some Fear Oregon’s Drift Toward D.C. Politics
Salem Statesman-Journal – Connor Radnovich | Published: 7/3/2019
Bookended by concerns about safety in the Oregon Capitol and packed in the middle with partisan squabbling that exploded into a pair of Senate Republican walkouts, 2019 was one of the most contentious sessions in recent history. There is concern among legislative leaders it could get worse. Senate President Peter Courtney said lawmakers across the country are starting to mimic the “legislative anarchy” he sees in Congress, and without a functioning legislative branch, he fears over-powered executives. In February, the Legislature agreed to pay more than $1 million in damages after an investigation by the Bureau of Labor and Industries determined legislative leadership created a hostile workplace by allowing sexual harassment to continue unabated for years against lawmakers, interns, staff, and lobbyists.
July 5, 2019 •
News You Can Use Digest – July 5, 2019
National/Federal 2020 Census Will Not Include Citizenship Question, DOJ Confirms Philadelphia Inquirer – Ann Marimow, Matt Zapotosky, and Tara Bahrampour (Washington Post) | Published: 7/2/2019 In a defeat for President Trump, his administration ended its effort to add a citizenship question […]
National/Federal
2020 Census Will Not Include Citizenship Question, DOJ Confirms
Philadelphia Inquirer – Ann Marimow, Matt Zapotosky, and Tara Bahrampour (Washington Post) | Published: 7/2/2019
In a defeat for President Trump, his administration ended its effort to add a citizenship question to the 2020 U.S. census, saying it will begin printing forms that do not include the contentious query. The move comes days after the U.S. Supreme Court the rationale for the question as “contrived.” Officials determined there would not be enough time to continue the legal battle and meet the printing deadlines for the census questionnaire. Critics of the question, including some at the Census Bureau, said it could cause an undercount of millions of people in immigrant communities who would be afraid to return the form, leading to an inaccurate number that could skew representation and apportionment in favor of Republican areas.
Ethics Panel Launches Gaetz Investigation Over Cohen Tweet
Politico – Kyle Cheney | Published: 6/29/2019
The House Committee on Ethics announced it is investigating U.S. Rep. Matt Gaetz for a February tweet in which he threatened to release embarrassing personal information about President Trump’s former lawyer, Michael Cohen. The committee said it has opened a formal inquiry into Gaetz’s comment based on a complaint from a fellow lawmaker, who is not identified. According to the ethics panel, Gaetz disregarded an initial review of the complaint, an extraordinary rebuke to his colleagues. Gaetz’s initial attack on Cohen came a day before the former Trump confidant was slated to testify to the House Oversight Committee, a high-profile hearing in which Cohen ultimately slammed the president as dishonest and provided evidence he paid hush money to women ahead of the 2016 election.
Gregory Craig Preps for Trial Tightrope in Foreign Agent Case
Law.com – Andrew Strickler | Published: 7/1/2019
Attorney Gregory Craig was charged with misleading Department of Justice officials six years ago about a Skadden Arps Slate Meagher & Flom report commissioned by Paul Manafort and public-relations activities that would have triggered a duty for Skadden to publicly register under the Foreign Agents Registration Act (FARA). Craig has vehemently denied lying to FARA officials or helping spin the report to influence a U.S. audience. He has also argued that neither of the government’s charged statutes imposed a clear obligation on him to reveal to FARA officials all the information they might have wanted to know.
House Democrats Sue for Trump’s Tax Returns
Politico – Brian Faler | Published: 7/2/2019
House Democrats sued for President Trump’s tax returns, marking the beginning of a high-stakes legal fight over his efforts to keep them secret. Democrats are seeking six years’ worth of returns under a 1924 law allowing the leaders of Congress’ tax committees to examine anyone’s confidential tax information. Democrats hope the documents will answer a host of questions about Trump’s finances. The president has defied a decades-old tradition of presidents voluntarily releasing their returns, and his administration is fighting the effort to force his hand, arguing Democrats do not have a legitimate reason for seeking the information. While the fight over Trump’s taxes could be lengthy, with the administration likely to try to drag out the proceedings beyond next year’s elections, some see signs the courts are trying to move quickly on the oversight challenges.
It’s a Question No One Says They Want to Ask. But the Women Running for President Keep Hearing It.
New York Times – Lisa Lerer | Published: 7/2/2019
Three years after nominating the first woman in history to head a presidential ticket, nearly six months after a wave of energized women swept Democrats into power in the U.S. House, and as a record number of women run for president, the party finds itself grappling with the strangely enduring question of the electability of women, and with the challenge for the candidates of refuting it before it becomes a self-fulfilling prophecy. Privately, Democratic strategists, candidates, and officials say they have been alarmed by how deeply doubts about female electability have taken hold. A portion of the party’s voters suggest they are eager to see a woman on the ticket but fear that putting her in the top slot could cost them the White House again.
Journalists, Pundits and Retired Politicians Put on a Show for Lobbyists
MAPLight.org – Andrew Perez, Abigail Luke, and Tom Zelina | Published: 7/2/2019
The practice of paying high-profile Washington, D.C. insiders to speak at industry trade shows and conferences, known as “buckraking,” is not a recent development. But as the rules on political participation by nonprofits and trade associations have been loosened, it has become common for lobbying groups to pay large sums to influential insiders who drive news coverage and public opinion. Guidelines on paid speeches vary widely across the industry, although the Society of Professional Journalists calls for reporters and editors to “refuse gifts, favors, fees, free travel and special treatment, and avoid political and other outside activities that may compromise integrity or impartiality, or may damage credibility.”
NRA Meltdown Has Trump Campaign Sweating
Politico – Alex Isenstadt | Published: 7/3/2019
The National Rifle Association (NRA) aired an avalanche of television ads and pushed its five million-plus members to the polls for Donald Trump in 2016, propelling him in the Rust Belt states that delivered him the presidency. Now, the gun rights group is in total meltdown and senior Republicans and Trump campaign officials are alarmed. The turmoil is fueling fears that the NRA will be diminished heading into the election, leaving the Republican Party with a gaping hole in its political machinery. With the Chamber of Commerce and Koch political network withdrawing from their once-dominant roles in electing conservatives, Republicans worry that three groups that have long formed the core of their electoral infrastructure will be effectively on the sidelines.
Rep. Duncan Hunter’s Affairs with Congressional Staff Raise Sexual Harassment Concerns
Roll Call – Emily Kopp | Published: 6/28/2019
Republican Party leaders have demurred on whether U.S. Rep. Duncan Hunter should resign over revelations he pursued relationships with two congressional staffers, including one of his own aides. But that does not mean allegations that Hunter had “intimate relationships,” as U.S. attorneys described them in a recent court filing, with two staffers will not trigger consequences on Capitol Hill. The relationships were revealed in a motion filed in connection with Hunter’s upcoming trial on charges alleging he misused campaign funds for personal expenses. Hunter dipped into campaign coffers to pay for drinks out, couples’ trips, and Uber rides from the women’s homes to his congressional office, prosecutors say. The relationships predate a law that amended the House’s code of conduct to prohibit members of Congress from dating subordinates. But Hunter’s behavior still raises ethical concerns, experts say.
‘The Enigma of the Entire Mueller Probe’: Focus on origins of Russian investigation puts spotlight on Maltese professor
MSN – Rosalind Helderman, Shane Harris, and Ellen Nakashima (Washington Post) | Published: 6/30/2019
A conversation between Maltese-born academic Joseph Mifsud and Trump campaign aide George Papadopoulos, eventually relayed by an Australian diplomat to U.S. government officials, was cited by special counsel Robert Mueller as the event that set in motion the FBI probe into ties between the Trump campaign and Russia. With Attorney General William Barr’s review of the counterintelligence investigation underway, the origins of the inquiry itself are now in the spotlight and with them, the role of Mifsud. Some of President Trump’s allies and advisers have been floating a provocative theory: that Mifsud was a Western intelligence plant, citing exaggerated and at times distorted details about his life. Such a notion runs counter to the description of Mifsud in the Mueller report, which states he “had connections to Russia” and “maintained various Russian contacts.”
The Nationwide Battle Over Gerrymandering Is Far from Over
Politico – Steven Shepard and Scott Bland | Published: 6/27/2019
The U.S. Supreme Court’s ruling that federal courts have no business deciding how much partisan gerrymandering is too much did not end the fight over how politicians draw political lines, it just moved the battlefield. The justices accelerated the race between the two parties to tilt the system to their advantage by electing as many governors and legislators as possible or, in some states, getting voters to support ballot measures to take the redistricting process out of politicians’ hands by 2021. While the justices closed off filing legal challenges to gerrymandering in federal courts, they explicitly said those lawsuits are still fair game in state courts. It was there that Democratic-aligned plaintiffs successfully demolished Pennsylvania’s Republican-drawn congressional map before the 2018 elections.
Trump Advisers Pursue Democratic Drug-Price Ideas as Campaign Looms
Washington Post – Yasmeen Abutaleb, Josh Dawsey, and Laurie McGinley | Published: 7/2/2019
As President Trump presses to make health care a central plank of his 2020 reelection bid, he is frustrated with those he thinks are thwarting his ability to deliver on a major campaign promise: lowering drug prices. That has included Health and Human Services Secretary Alex Azar, a former drug executive who until very recently pushed back on proposals to import lower-cost drugs from Canada and negotiate drug prices in Medicare. Now, though, under pressure to deliver campaign talking points, Azar has reversed his long-standing opposition to ideas traditionally espoused by Democrats and reviled by most Republicans and the drug industry.
Trump Facebook Ads Use Models to Portray Actual Supporters
AP News – Robert Condon | Published: 7/2/2019
A series of Facebook video ads for President Trump’s re-election campaign shows what appears to be a young woman strolling on a beach in Florida, a Hispanic man on a city street in Texas, and a bearded hipster in a coffee shop in Washington, D.C., all making glowing, voice-over endorsements of the president. But the people in the videos that ran in the past few months are all actually models in stock video footage produced far from the U.S. in France, Brazil, and Turkey, and available to anyone online for a fee. Though the 20-second videos include tiny disclaimers that say, “actual testimonial, actor portrayal,” they raise the question why a campaign that can fill arenas with supporters would have to buy stock footage of models.
Twitter Adds Labels for Tweets That Break Its Rules – a Move with Potentially Stark Implications for Trump’s Account
Boston Globe – Elizabeth Gwoskin and Tony Romm (Washington Post) | Published: 6/27/2019
Political figures who use Twitter to threaten or abuse others could find their tweets slapped with warning labels. The new policy comes amid complaints that President Trump has gotten a free pass from Twitter to post hateful messages and attack his enemies in ways they say could lead to violence. From now on, a tweet that Twitter deems to involve matters of public interest, but which violates the service’s rules, will be obscured by a warning explaining the violation. Users will have to tap through the warning to see the underlying message, but the tweet will not be removed. Twitter said the policy applies to all government officials, candidates and similar public figures with more than 100,000 followers. In addition to applying the label, Twitter won’t use its algorithms to “elevate” or otherwise promote such tweets.
Ukraine Role Focuses New Attention on Giuliani’s Foreign Work
New York Times – Kenneth Vogel | Published: 6/30/2019
Pavel Fuks, a wealthy Ukrainian-Russian developer looking for ways to attract more investment from the U.S. to his hometown of Kharkiv, Ukraine, enlisted an especially well-connected American to help him: Rudolph Giuliani. Fuks hired Giuliani, who in 2018 would become the president’s personal lawyer, under a one-year deal to help improve Kharkiv’s emergency services and bolster its image as a destination for investment. Fuks’s description of Giuliani as a lobbyist further highlighted a controversy over what some say is a pattern by Giuliani of providing influence with the Trump administration. Democrats have asked whether Giuliani’s role working in a number of foreign countries fits the legal definition of lobbying and requires him to register as a foreign agent, something Giuliani has not done.
Welcome to 2020, the Era of Crowdfunded Presidential Debates
Washington Post – Michelle Ye Hee Lee | Published: 7/2/2019
Democrats this year are giving not only to help their preferred candidates, but also to offer a small token of appreciation for a clever policy idea for someone else, or to keep an underdog in the game. Welcome to the 2020 primaries, an era of crowdfunded presidential debates. Campaign donations and debates have become intermingled this year, with the Democratic National Committee for the first time requiring that candidates reach a certain number of donors to qualify for primary debates. That has created an intense focus on fundraising, with candidates asking supporters for money specifically to help them qualify for the widely watched forums. More than 100 debate viewers from across the country responded to a call-out by The Washington Post on Instagram, asking them about the moments that resonated with them and drove them to give money.
From the States and Municipalities
Arizona – A GOP Governor Wants to Cancel a Nike Contract after Flag-Shoe Flap, but the City It’s Headed for Isn’t Backing Down
Greenwich Time – Eli Rosenberg and Michael Brice-Saddler (Washington Post) | Published: 7/3/2019
Nike stopped production of shoes that featured the image of an American flag after former NFL quarterback Colin Kaepernick reportedly lodged a complaint. Kaepernick, who is a face of the company, said he found the Betsy Ross flag designed in 1777 offensive because of its connection to the era of slavery. Arizona Gov. Doug Ducey said he ordered state authorities to revoke an incentive package it offered Nike to open a factory in the state. But Goodyear Mayor Georgia Lord said the city would honor the agreement. Boycotts by companies and independent contractors over governmental policies that cross what some see as lines on race or gender have become a common. Ducey’s decision inverted the calculation – in this case, a state would monetarily punish a private company for a political decision it made.
Connecticut – They Love Public Financing. The Oversight, Not as Much.
Connecticut Mirror – Mark Pazniokas | Published: 7/3/2019
Watchdogs are concerned the Connecticut General Assembly’s relationship with the State Elections Enforcement Commission (SEEC) could undermine campaign finance reforms adopted in 2005. Near the end of the 2019 session, a deal by legislative leaders sped an elections bill that contained a calculated slap at the SEEC through the Senate in little more than a minute. It would have set term limits on the agency’s director, treating elections enforcement differently than the state’s other watchdogs. The measure marked the fifth time since 2011 the Legislature has at least attempted to curb the powers of the SEEC or loosen campaign finance rules, reflecting a longstanding antipathy towards the agency that not only enforce the laws, but bankrolls campaigns.
Missouri – Meet the Consultant Who Got Stenger Elected, and Why He’s Still ‘Proud’ He Won
St. Louis Post-Dispatch – Jacob Barker | Published: 6/30/2019
Two days after Steve Stenger pleaded guilty to federal “pay-to-play” charges, Democratic consultant Michael Kelley was on television, sounding as though he barely knew the former St. Louis County executive. “… An absolutely ridiculous thing for Steve Stenger to have been involved in,” Kelly said. Left unsaid was the fact that Stenger’s campaign had paid Kelley’s Show Me Victories – the political communications arm of the Kelley Group – $550,000 during his two successful election campaigns. Nor did Kelley mention that Stenger, as county executive, had been a regular at the Kelley Group’s offices, visiting almost weekly for meetings in 2018. In addition to the Stenger campaign, Show Me Victories has worked on nearly every major local ballot proposition in the last few years.
New Jersey – U.S. Supreme Court to Hear Bridgegate Appeal. Stunning Move Keeps Alive Case That Dogged Christie.
Newark Star Ledger – Ted Sherman (NJ Advance Media) | Published: 6/28/2019
Bridget Anne Kelly, the one-time aide to former New Jersey Gov. Chris Christie whose “time for some traffic problems” email became a key focal point of the Bridgegate corruption scandal, will get a final chance to argue she was wrongfully convicted. The U.S. Supreme Court agreed to hear Kelly’s appeal – weeks before she is due to report to federal prison – reviving a case that many had thought was finally over. The decision to review her conviction could raise new questions about the ability of the government to take on major political prosecutions, by a court that has taken aim at a number of high-profile corruption cases in recent years. Lawyers for Kelly had argued that federal prosecutors used criminal fraud statutes typically used in cases of personal gain, such as bribery, to instead criminalize routine political behavior.
North Dakota – Legislator as Landlord: Financial disclosures don’t highlight state agency leases with North Dakota elected officials
Jamestown Sun – John Hageman | Published: 6/30/2019
Several current or former elected state officials in North Dakota have an interest in property rented by state agencies, but those financial relationships were not readily apparent on campaign disclosure forms. The officials defended the leases, which are not awarded through a formal competitive bidding process, as a byproduct of North Dakota’s citizen-run Legislature and said they do not affect their decision-making. Dina Butcher, who led the effort to pass last year’s ballot measure etching new ethics rules into the state constitution, did not directly criticize the state officials because the arrangements are not illegal, and she was not aware of any leases being unfairly awarded. But she said the ethics commission created by Measure 1 may take up the issue once it is formed.
Oregon – Campaign Finance Limits on Track to Oregon Ballot
Oregon Public Broadcasting – Jeff Mapes | Published: 7/1/2019
Voters in Oregon will decide next November whether the state constitution should allow limits on campaign donations. Legislative approval of the historic campaign finance measure comes three months after The Portland Oregonian revealed how the outsize influence of corporate campaign money helped limit environmental protections in a state that once aimed to be an environmental pioneer. Per capita, corporate interests have given more money to the average Oregon lawmaker than in any state in the country, the investigation found. Lawmakers also passed House Bill 2716, under which some large funders will need to be disclosed in some advertisements.
Texas – How a Longtime Aide to Texas Gov. Greg Abbott Became a Top Lobbyist
Austin American-Statesman – Asher Price | Published: 6/27/2019
Daniel Hodge, a former aide to Texas Gov. Greg Abbott who is now a lobbyist, earned as much as $3.7 million this year representing more than two dozen clients at the state Legislature. It illuminates how someone like Hodge can, within a couple of years of hanging a shingle, become one of the highest-paid lobbyists in the state. Longtime lobbyists say the transition is a natural one, using knowledge learned and relationships built in the public sector for effective advocacy outside it. But watchdogs have pointed to the close link between the Legislature and those who peddle access to government funds as an erosion of public trust. In recent years, lawmakers have tried, with limited success, to expand restrictions on the path from state government to lobbying.
Wyoming – Wyoming Tribe Funded Effort to Kill Gambling Regulations; Sides Dispute Who Created the Group
Casper Star-Tribune – Nick Reynolds | Published: 7/1/2019
A casino managed by the Northern Arapaho tribe gave thousands of dollars to a secretive organization trying to defeat regulated gambling in Wyoming, records show, but tribal officials say they were duped by their lobbyist who set up the group. The tribe fired the lobbyist, Mark Howell recently. Howell, and a minority of tribal leadership, denied the officials’ version of events, saying they ordered the group’s creation. The Wind River Hotel and Casino put more than $80,000 into the Wyoming Public Policy Center, which formed prior to the 2019 legislative session. The group has spent more than $60,000 in lobbying expenses and engaged in a sophisticated advertising campaign. Little had been known about the group’s activities prior to the filing. Hidden behind a wall of anonymous filings in multiple jurisdictions, the group had been afforded a level of secrecy unavailable in states with stricter corporate filing laws.
June 28, 2019 •
News You Can Use Digest – June 28, 2019
National/Federal Beltway ‘Inundated’ with Fundraisers as Deadline Nears Roll Call – Kate Ackley | Published: 6/25/2019 The subject line of a recent email solicitation from U.S. Rep. Elissa Slotkin’s campaign captures the upcoming fundraising scene in Washington perfectly: “You’re about to […]
National/Federal
Beltway ‘Inundated’ with Fundraisers as Deadline Nears
Roll Call – Kate Ackley | Published: 6/25/2019
The subject line of a recent email solicitation from U.S. Rep. Elissa Slotkin’s campaign captures the upcoming fundraising scene in Washington perfectly: “You’re about to be inundated. Sorry in advance.” With the second quarter fundraising deadline looming, lawmakers are sounding the alarms for their donors – making pleas to far-flung, small-dollar givers online and reliable contributors from K Street’s lobbying community to help them boost their numbers. Even though lawmakers and their challengers still have 17 months before the 2020 elections, the second quarter of this year can be pivotal for incumbents looking to scare away potential opponents in primaries or even the general election with impressive cash-in-hand totals.
Biden’s Ties to Segregationist Senator Spark Campaign Tension
Boston Globe – Matt Viser and Annie Linskey (Washington Post) | Published: 6/20/2019
When Joe Biden was a freshman in the U.S. Senate, he reached out to an older colleague for help on one of his early legislative proposals: the courts were ordering racially segregated school districts to bus children to create more integrated classrooms, a practice Biden opposed and wanted to change. The recipient of Biden’s entreaty was Sen. James Eastland, at the time a well-known segregationist who had called blacks “an inferior race” and once vowed to prevent blacks and whites from eating together in Washington. The exchange, revealed in a series of letters, offers a new glimpse into an old relationship that erupted as a major controversy for Biden’s presidential campaign.
Candidates Hunt Desperately for Viral Moments
MSN – Amy Wang (Washington Post) | Published: 6/24/2019
As the crowded field of Democratic candidates jostle for the presidential nomination, the hunt for elusive breakout opportunities is increasingly urgent. But while viral moments are presented as spontaneous – and uniquely revealing about the candidates — the process can be anything but random, and the campaigns are devoting significant resources to spotting, cultivating, and publicizing them. Or in some cases, creating them outright. A good viral moment can help a candidate stand out in the sprawling field. A great one can telegraph positive qualities – humor, intelligence, compassion – in ways that reverberate far beyond the reach of a coffee shop in New Hampshire. In the best-case scenario, a single episode pushes interested voters over the fence to become full-fledged supporters.
Claiming to Be Cherokee, Contractors with White Ancestry Got $300 Million
Los Angeles Times – Adam Elmahrek and Paul Pringle | Published: 6/26/2019
An investigation by The Los Angeles Times demonstrates a failure in the efforts to help disadvantaged Americans by steering municipal, state, and federal contracts to qualified minority-owned companies. Since 2000, the federal government and authorities in 18 states have awarded more than $300 million under minority contracting programs to companies whose owners made unsubstantiated claims of being Native American. The vetting process for Native American applicants appears weak in many cases, government records show, and officials often accept flimsy documentation or unverified claims of discrimination based on ethnicity. The process is often opaque, with little independent oversight.
Duncan Hunter Had Affairs with Women He Worked With, Including His Own Aide
Roll Call – Katherine Tully-McManus | Published: 6/25/2019
U.S. Rep. Duncan Hunter illegally used campaign donations to finance extramarital romantic relationships with women he worked alongside, including one of his own aides, according to federal prosecutors. Hunter pursued five “intimate relationships” in total, and tapped donor funds to finance his liaisons, including ski trips, nights out in Washington, D.C., and Uber rides between his office to their homes. Government attorneys argued information about the relationships should be heard during the trial because they are central to his case, not “prurient.” Hunter’s infidelities have been alluded to in public court documents before, but the affairs were only described as “personal relationships.” Hunter faces trial in September for allegedly using his campaign committee as a personal bank account.
EPA’s Top Air Policy Official Steps Down Amid Scrutiny Over Possible Ethics Violations
Brainard Dispatch – Juliet Eilperin and Brady Dennis (Washington Post) | Published: 6/26/2019
Bill Wehrum spent only a year and a half as the Environmental Protection Agency’s (EPA) top air official before announcing plans to resign amid scrutiny over possible violations of federal ethics rules. EPA Administrator Andrew Wheeler did not cite a specific reason for the departure of Wehrum, who as an attorney represented power companies seeking to scale back air pollution rules. But Wehrum has privately expressed concern about how an ongoing House Energy and Commerce Committee probe was affecting his former law firm, Hunton Andrews Kurth. The committee launched an inquiry of Wehrum after it was reported that questions had been raised about his compliance with President Trump’s ethics pledge, which requires political appointees to recuse themselves from specific matters involving their former employers and clients for two years.
FEC Fines Florida-Based Company for Illegal Contribution to Support Rick Scott’s 2018 Campaign
Roll Call – Stephanie Aiken | Published: 6/25/2019
The FEC fined a Florida company for making an illegal campaign contribution to support Rick Scott’s 2018 campaign for the U.S, Senate. The $9,500 fine levied against Ring Power Corp., which sells and leases industrial machinery, represents a rare penalty for a company found to have violated a 75-year-old ban on campaign contributions from federal contractors. Ring Power has received federal contracts and grants since 2007. The New Republican PAC, a Super PAC supporting Scott’s campaign, returned the $50,000 contribution in August, shortly after the Campaign Legal Center filed a complaint.
GOP to Launch New Fundraising Site as Dems Crush the Online Money Game
Politico – Alex Isenstadt | Published: 6/23/2019
Republicans are set to launch a long-awaited, much-delayed online fundraising platform, a move aimed at closing Democrats’ small-donor money advantage ahead of the 2020 election. WinRed is being billed as the GOP’s answer to the Democratic Party’s ActBlue, which has already amassed over &174 million this year. The new tool is intended to reshape the GOP’s fundraising apparatus by creating a centralized, one-stop shop for online Republican giving, which the party has lacked to this point. Republicans until now have had a factionalized ecosystem of vendors that stymied efforts to unify behind a single fundraising vehicle.
Judge: Democrats’ emoluments case against Trump can proceed
San Jose Mercury News – Ann Marimow, Jonathan O’Connell, and Carol Leonnig (Washington Post) | Published: 6/25/2019
Rejecting a request from President Trump, a federal judge cleared the way for nearly 200 Democrats in Congress to continue their lawsuit against him alleging his private business violates an anti-corruption provision of the Constitution. U.S. District Court Judge Emmet Sullivan declined to put the case on hold and said lawmakers could begin seeking financial information, interviews, and other records from the Trump Organization. The administration still can try to delay or block Democrats in Congress from issuing subpoenas for the president’s closely held business information by appealing directly to the U.S. Court of Appeals for the District of Columbia Circuit to intervene.
Mueller to Testify to Congress, Setting Up a Political Spectacle
New York Times – Nicholas Fandos | Published: 6/25/2019
Former special counsel Robert Mueller will testify to Congress in open session on July 17 after being subpoenaed by two committees. Coming nearly three months after the release of his report on Russia’s election interference and possible obstruction of justice by President Trump, Mueller’s testimony has the power to potentially reshape the political landscape around Trump’s re-election campaign and a possible impeachment inquiry by the House. The question is what Mueller will be willing to say. He conducted his work in absolute private, despite incessant attacks by Trump in public and from within the White House, and ultimately issued a lengthy report that raised as many questions as it answered.
Supreme Court Leaves Census Question on Citizenship in Doubt
MSN – Adam Liptak (New York Times) | Published: 6/27/2019
The U.S. Supreme Court sent back to a lower court a case on whether the census should contain a citizenship question, leaving in doubt whether the question would be on the 2020 census. Chief Justice John Roberts, writing for the majority, said the explanation offered by the Trump administration for adding the question – asking whether a person is a citizen – was inadequate. But he left open the possibility that it could provide an adequate answer. Government experts predicted that asking the question would cause many immigrants to refuse to participate in the census, leading to an undercount of about 6.5 million people. That could reduce Democratic representation when congressional districts are allocated in 2021 and affect how hundreds of billions of dollars in federal spending are distributed.
Supreme Court Says Federal Courts Don’t Have a Role in Deciding Partisan Gerrymandering Claims
MSN – Robert Barnes (Washington Post) | Published: 6/27/2019
The U.S. Supreme Court ruled federal courts have no role to play in the dispute over the practice known as partisan gerrymandering, dealing a blow to efforts to combat the drawing of electoral districts for partisan gain. The court rejected challenges to Republican-drawn congressional districts in North Carolina and a Democratic district in Maryland. Voters and elected officials should be the arbiters of what is essentially a political dispute, Chief Justice John Roberts said in his opinion for the court. The ruling puts a stop to recent decisions by federal courts across the country that have found extreme partisan gerrymandering went so far as to violate the constitutional rights of voters.
Walmart to Pay $282 Million Over Foreign Corruption Charges
AP News – Matthew Barakat | Published: 6/20/2019
Walmart agreed to pay $282 million to settle federal allegations of overseas corruption, including funneling more than $500,000 to an intermediary in Brazil who was known as a “sorceress” for her uncanny ability to make construction permit problems disappear. U.S. authorities went after Walmart under the Foreign Corrupt Practices Act, which prohibits American companies operating abroad from using bribery and other illegal methods. The company settled both civil charges brought by the Securities and Exchange Commission and a criminal case by federal prosecutors in Virginia. It said the two settlements close the books on federal investigations that sand have collectively cost the company more than $900 million.
When Trump Visits His Clubs, Government Agencies and Republicans Pay to Be Where He Is
MSN – David Fahrenthold, Josh Dawsey, Jonathan O’Connell, and Michelle Ye Hee Lee (Washington Post) | Published: 6/20/2019
Since taking office, President Trump has faced pushback about his official visits to his properties from some of his aides, including inside the White House counsel’s office. They worried about the appearance that he was using the power of the presidency to direct taxpayer money into his own pockets, but Trump has rebuffed such warnings. In all, his scores of trips have brought his private businesses at least $1.6 million in revenue, from federal officials and Republican campaigns who pay to go where Trump goes. Campaign finance records show several GOP groups paying to hold events where Trump spoke. Republican fundraisers say they do that, in part, to increase the chances Trump will attend. It has also reshaped the spending habits of the federal government, turning the president into a vendor.
Canada
Canada – Lobbying Watchdog Says Glitch in System Skewed Volume of Registrations
Hill Times – Beatrice Paez | Published: 6/26/2019
Canadian Prime Minister Justin Trudeau’s tenure in office has undoubtedly brought a surge in lobbying activity, but a glitch in the registry’s system resulted in an overrepresentation of the number of lobbyists actively registered, Lobbying Commissioner Nancy Bélanger said. “During the past year, we realized that the numbers recorded in last year’s [report] included lobbyists whose registrations were no longer active,” Bélanger said. Still, the office has seen a steady uptick in the volume of communication reports posted since Trudeau took office in 2015.
From the States and Municipalities
Arkansas – Former Arkansas Lawmaker Pleads Guilty in Corruption Cases
AP News – Andrew DeMillo | Published: 6/25/2019
A former Arkansas lawmaker who is Gov. Asa Hutchinson’s nephew pleaded guilty to accepting bribes and filing a false tax return. Former state Sen. Jeremy Hutchinson also agreed to plead guilty to one count of conspiracy in a separate federal case in Missouri where he has been charged with accepting bribes to help Preferred Family Healthcare. Hutchinson admitted he took more than $10,000 in campaign funds for his personal use and did not report $20,000-per-month payments he received from one law firm and other sources of income he knowingly concealed from his taxes. Hutchinson also pleaded guilty to conspiracy to commit bribery and admitted to accepting more than $150,000 from the co-owner of orthodontic clinics in exchange for efforts to change a dental practices law.
Connecticut – Connecticut’s Search for a New Ethics Watchdog
Connecticut Mirror – Mark Pazniokas | Published: 6/20/2019
The Citizens’ Ethics Advisory Board is seeking a successor to Carol Carson as executive director of the Office of State Ethics, an agency that was new and struggling to find its way when she was hired. Carson, who is retiring on August 1, is credited with returning stability and credibility to the role of ethics watchdog, enforcing the ethics code for state officials, and overseeing the lobbying industry at the Capitol. “Let’s be clear about something: there is no replacing Carol Carson,” said Dena Castricone, the board’s chairperson.
Florida – When It Comes to Holding NRA Lobbyist Marion Hammer Accountable, Florida Senate Ignores Own Rules
Florida Bulldog – Dan Christensen | Published: 6/20/2019
The Florida Senate is apparently not going to ask longtime National Rifle Association (NRA) lobbyist Marion Hammer why she has not reported income from the group for more than a decade. Sen. Perry Thurston and Rep. Anna Eskamani filed complaints demanding the Legislature investigate Hammer for failing to disclose annual lobbying payments since 2007 as required by Florida law. It has been reported that records show the NRA paid Hammer more than a $750,000 between 2014 and 2018, yet none of it appears on quarterly compensation reports. But Senate Rules Committee Chairperson Lizbeth Benacquisto sent the complaint back to the Office of Legislative Services, which operates within the Senate president’s office, for “review” and “appropriate action.”
Indiana – Council Lawyer: Mayor unlikely to appeal campaign contribution ordinance
Fort Wayne Journal Gazette – Dave Gong | Published: 6/25/2019
Fort Wayne Mayor Tom Henry’s administration is unlikely to appeal a court ruling that struck down a controversial ordinance limiting campaign contributions from city contractors, city council attorney Joe Bonahoom wrote in a memorandum to the council president. Allen Superior Court Judge Jennifer DeGroote blocked the city from enforcing the ordinance recently after Kyle and Kimberly Witwer of Witwer Construction challenged the ordinance in a lawsuit. The ordinance forbade any company from bidding on a city contract if any owner, partner, or principal who owns more than 10% of that company gave more than $2,000 to the political campaign of a person with responsibility for awarding contracts.
Maryland – Baltimore’s Budget for Ethics Enforcement: $0
Baltimore Sun – Ian Duncan | Published: 6/25/2019
In the midst of multiple investigations into former Baltimore Mayor Catherine Pugh’s financial dealings, the city did not budget any money for ethics oversight. No city staff are dedicated to enforcing ethics rules and the word “ethics” appears nowhere in the city’s 1,035-page budget proposal for the coming year. Instead, the six-member staff of the Department of Legislative Reference must spend part of their time assisting the city’s volunteer ethics board, processing disclosure forms, answering questions from city employees, and investigating complaints.
New Jersey – NJ ‘Dark Money’ Law Faces First Lawsuit Challenging Requirement to Name Secret Donors
Bergen Record; Staff – | Published: 6/26/2019
A libertarian advocacy group filed a federal lawsuit challenging New Jersey’s newly signed “dark money” law that requires political groups to reveal their big-spending funders, legislation Gov. Phil Murphy signed despite earlier vetoing the bill and calling it “unconstitutional.” Americans for Prosperity asked a federal judge to prevent New Jersey officials from enforcing the law until the suit is decided and to declare the law unconstitutional. The law requires 501(c)(4) political nonprofits and 527 political organizations to report all funders that give more than $10,000 or spend more than $3,000. Americans for Prosperity says the law goes beyond typical campaign finance rules that cover only election-related ads. New Jersey will now also make groups report funders for ads on ballot measures, legislation, and policymaking, which grassroots groups say will prevent people from donating to them.
Oregon – Oregon Republicans Not Making Clear Whether They’ll Return to Salem, What They Want to Get Them Back
Portland Oregonian – Hillary Borrud and Mike Rogoway | Published: 6/26/2019
As the Oregon Senate Republicans’ walkout continues, there are no signs at the Capitol or elsewhere that members of the minority caucus will return soon. And publicly, they seem to be sending mixed messages about what they want if they agree to do so. Senate Republicans have drawn national attention since they fled the state to deny Democrats quorum for a vote on a bill to cap emissions. It turns out, however, that Democrats were one vote short of the 16 senators needed to pass the bill, so it would have been stopped from passage anyway.
Wyoming – A Mystery Group Has Been Pushing to Stop Gambling Regulation in Wyoming
Casper Star-Tribune – Nick Reynolds | Published: 6/25/2019
Over the past several months, a grassroots organization of obscure origin called the Wyoming Public Policy Center has been fighting to defeat gambling regulations proposed in the state Legislature, employing experienced lobbyists and anonymously authored policy papers in efforts to influence decision making. But the group was not registered with the state until after The Casper Star-Tribune began asking questions. In Wyoming, lobbyists and lobbying groups are required to register with the state. Despite that, there is little anyone can do about it: a combination of weak state laws and few mechanisms for law enforcement make it difficult to hold such groups accountable.
June 21, 2019 •
News You Can Use Digest – June 21, 2019
National/Federal A Foreigner Paid $200,000 for Tickets to Trump’s Inaugural. Now He Says He Was Duped. MSN – Kenneth Vogel (New York Times) | Published: 6/18/2019 Pavel Fuks, a Ukrainian-Russian developer, said he paid $200,000 for VIP tickets to Donald Trump’s […]
National/Federal
A Foreigner Paid $200,000 for Tickets to Trump’s Inaugural. Now He Says He Was Duped.
MSN – Kenneth Vogel (New York Times) | Published: 6/18/2019
Pavel Fuks, a Ukrainian-Russian developer, said he paid $200,000 for VIP tickets to Donald Trump’s inauguration at the direction of Yuri Vanetik, a Republican fundraiser and sometime lobbyist. Fuks now alleges in a lawsuit that his money did not buy the promised access to Trump and other influential politicians. He never received the tickets he said he was promised to an official inaugural ball, to a dinner with incoming cabinet members, or to other exclusive events. Fuks is seeking a refund from Vanetik, plus damages. The lawsuit sheds new light on efforts to accommodate foreign politicians and business executives who sought to attend Trump’s inauguration to press their agendas, curry favor, or make influential connections with the incoming administration.
DC Circuit Rejects NY State GOP-Led Challenge to Anti-‘Pay-to-Play’ Rule
Law.com – Tom McPartland | Published: 6/18/2019
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld a “pay-to-play” rule that bars brokers from soliciting government contracts for two years after making campaign donations to public officials. The judges said the U.S. Securities and Exchange Commission (SEC) had acted within its authority. The ruling rejected a challenge by state Republican Party organizations in New York and Tennessee, who had claimed the rule was “arbitrary and capricious” and had hurt their ability to raise funds. Judge Cornelia Pillard said the SEC had provided sufficient evidence that the law was needed to combat corruption, following specific instances of quid-pro-quo arrangements between elected officials and donors who had been awarded contracts to advise public pension funds.
Democrats and Some Republicans Question Trump’s Vetting Process after Shanahan Withdrawal
Washington Post – Karoun Demirjian | Published: 6/18/2019
Senators from both parties are asking why they did not have advance notice of the domestic violence incidents in Patrick Shanahan’s family that ended his bid to become President Trump’s permanent defense secretary, calling his nomination’s collapse the latest example of shoddy White House vetting. With his withdrawal and resignation, Shanahan joins several other former candidates for prominent Cabinet and military leadership positions in the Trump administration who bowed out after compromising details came to light. There was particular consternation among some senators that Congress was not apprised of the incidents by the administration, the FBI, or Shanahan himself. As some noted, a background check would have accompanied Shanahan’s nomination in 2017 to become the deputy defense secretary.
Drugmakers’ Lawsuit Ramps Up Fight with Trump
The Hill – Nathaniel Weixel | Published: 6/18/2019
The pharmaceutical and advertising industries are taking their fight with the Trump administration over drug price disclosures to court. Three drug companies – Amgen, Merck, and Eli Lilly – and the nation’s largest advertising group announced they were suing the administration over its new policy of requiring prescription drug manufacturers to disclose list prices in television ads. The plaintiffs argue the rule violates their First Amendment rights, and the lawsuit seeks to overturn the administration’s latest effort to bring transparency to the medication pricing system. The rule is set to take effect July 9, and the industry groups are asking for it to be put on hold before that time.
Ex-Hassan Aide Sentenced to 4 Years for Doxing Senators
Politico – Josh Gerstein | Published: 6/19/2019
A former aide to U.S. Sen. Maggie Hassan was sentenced to four years in prison for hacking Senate computers and releasing personal information online about five Republican senators out of anger spurred by their roles in the confirmation hearings for Justice Brett Kavanaugh. U.S. District Court Judge Thomas Hogan said the sentence for Jackson Cosko was needed to send a signal that criminal harassment driven by political motives would be punished severely in an era marked by extreme political polarization. Cosko said he had been struggling with substance abuse and mental health issues. Hogan said he was puzzled at how Cosko kept up work in congressional offices given the cocaine, psychedelics, and alcohol he was consuming daily.
FEC Chair Makes Another Go at Regulating Online Political Ads
Center for Responsive Politics – Karl Evers-Hillstrom | Published: 6/17/2019
FEC Chairperson Ellen Weintraub is proposing rules that would require some online political ads to attach a disclaimer describing who is paying for them. The proposed guideline, similar to measures introduced by the FEC last year, would subject paid online ads to similar disclaimer rules as print, television, and radio ads. Increasingly popular social media ads, including those engaging in electioneering communications that mention a candidate shortly before an election, are currently exempt from including disclaimers under federal law. Amid ideological deadlock, the FEC has struggled to agree on how to regulate online ads since it was revealed that Russian actors purchased Facebook ads under fake accounts to influence the 2016 election.
Federal Judge Says Census Citizenship Question Merits More Consideration in Light of New Evidence
MSN – Tara Bahrampour (Washington Post) | Published: 6/19/2019
U.S. District Court Judge George Hazel ruled that new evidence in the case of a census citizenship question merits more consideration, opening the possibility the question could come before the Supreme Court again even after it rules as expected this month. Civil rights groups who had sued the government over its addition of a citizenship question to the 2020 Census had asked Hazel to reconsider his ruling on whether the government was guilty of conspiracy and intent to discriminate after new evidence in the case emerged in May. Files discovered on hard drives belonging to a deceased Republican redistricting strategist suggested he had communicated with the Trump administration about how to get the citizenship question onto the survey and the strategist had determined that adding the question would create an electoral advantage for Republicans and non-Hispanic whites.
Federal Watchdog Agency Recommends Removal of Kellyanne Conway from Federal Office for Violating the Hatch Act
Washington Post – Michelle Ye Hee Lee, Lisa Rein, and Josh Dawsey | Published: 6/13/2019
The Office of Special Counsel recommended the removal of White House counselor Kellyanne Conway from federal office for violating the Hatch Act, which bars federal employees from found Conway violated the law on numerous occasions by “disparaging Democratic presidential candidates while speaking in her official capacity during television interviews and on social media.” The agency described her as a “repeat offender.” A senior White House official said the president is unlikely to punish Conway and instead will defend her. In an interview, Special Counsel Henry Kerner called his recommendation that a political appointee of Conway’s stature be fired “unprecedented.”
‘I Hate David and I Hate This Job’: Ex-Schweikert staffers describe unrest in ethics report
Arizona Republic – Ronald Hanson | Published: 6/12/2019
U.S. Rep. David Schweikert presided over a slipshod office operation with financial oversight so weak that his former chief of staff managed to take home improper, extra pay that violated House ethics rules for years, an investigation found. Oliver Schwab may have collected $60,000 in outside pay over three years above what House rules permitted and attended the 2015 Super Bowl with Schweikert as part of a taxpayer-paid trip that was reported as official business, the report said. There were other possible sources of income Schwab had that investigators could not examine. Apart from the alleged wrongful spending, the 424-page report paints the image of a congressional office simmering with discontent as Schweikert pondered a Senate run and as Schwab took out his frustrations with Schweikert on other staffers.
Legal Fight Tougher for Congressman as Wife Pleads Guilty
AP News – Julie Watson | Published: 6/13/2019
Indicted U.S. Rep. Duncan Hunter has held steadfast to his contention that a corruption case against him is the result of a political witch hunt. But that argument got tougher after his wife, who worked as his campaign manager, pleaded guilty to a single corruption count and acknowledged being a co-conspirator with her husband in spending more than $200,000 in campaign funds on personal expenses. Margaret Hunter accepted a plea deal that calls for 59 charges to be dismissed in exchange for her testimony, full cooperation with prosecutors, and other concessions. The conspiracy charge to which she pleaded includes all the allegations contained in the 60-count indictment.
Supreme Court Rules in Case Watched for Impact on Trump Pardons
Politico – Josh Gerstein and Natasha Bertrand | Published: 6/17/2019
The U.S. Supreme Court ruled in a closely watched “double jeopardy” case, issuing a decision that preserves states’ power to limit the impact of future pardons by President Trump or his successors. The justices declined to disturb a longstanding legal principle known as dual sovereignty, which allows state governments to bring their own charges against defendants already tried or convicted in federal court, or vice versa. Democrats and others bracing for potential pardons by Trump of individuals convicted in former special counsel Robert Mueller’s investigation were tracking the case because a decision overturning the dual sovereigns rule could have complicated efforts by state prosecutors to blunt the impact of any attempt Trump may make to grant clemency to those targeted by Mueller’s team.
The Political Donor Class Is Mostly White and Male. Some Women of Color Are Trying to Change That.
Washington Post – Michelle Ye Hee Lee | Published: 6/19/2019
No longer content to simply be the Democratic Party’s most loyal voters, some women of color are seeking to break into the influential but overwhelmingly white and male world of political donors. The efforts are part of a broader campaign to elevate the voices of this group within the Democratic Party, which has had some success. But the efforts also reflect a worry that, without robust giving by minority women, the party will move on in the general election to focus on white Midwestern Trump voters at the expense of communities of color. The absence of women of color is particularly acute among the super-rich givers, billionaires and multimillionaires who give seven figures or more per election. The power of these donors has grown in recent years as courts have opened the floodgates to unlimited spending to try to sway elections.
‘Who’s Taking Care of the Kids?’ Is Finally a Question for Dads on the Trail, Too
MSN – Lisa Lerer (New York Times) | Published: 6/12/2019
For decades, mothers running for office have faced skepticism: “Who’s taking care of the kids?” wondered voters. As American families evolve, a number of fathers of young children are slowly being forced to grapple with the same politically loaded question. That has left them making a calculation that women have made for decades – how to pursue public life and parenthood at the same time. And at least a few of the 15 fathers who are running for president in 2020 are eager to talk about it, including the day-to-day caregiving tasks that most politician moms generally consider just business as usual. While research and surveys show female candidates still confront a steeper double standard when it comes to their family life, male politicians with young children suddenly find themselves facing something totally new – a standard.
Why the Trump Campaign Won’t Pay Police Bills
Center for Public Integrity – Dave Levinthal | Published: 6/13/2019
At least 10 city governments – from Mesa, Arizona, to Erie, Pennsylvania – are still waiting for Trump to pay public safety-related invoices they have sent his presidential campaign committee in connection with his political rallies. Some invoices are three years old. In all, city governments say Trump’s campaign owes them at least $841,219. The cities are adamant Trump should pay up. But in many of these cases, there are no signed contracts between the municipal governments and the Trump campaign. The cities dispatched police officers to secure Trump’s events because they believe public safety required it, and the U.S. Secret Service asked for it. Presidential candidates should consider paying cities’ police bills even if they do not believe they are legally required to do so, some police advocates said.
From the States and Municipalities
Arkansas – Judge Blocks Law on Timing of Donations
Arkansas Democrat-Gazette – Linda Satter | Published: 6/18/2019
An Arkansas law that bars candidates for state office from accepting campaign contributions more than two years before an election was blocked by a federal judge, prompting an immediate appeal from the state. Peggy Jones sued over the law, contending it infringes on her right of political expression by preventing her from donating money now to people she wants to support as candidates in the 2022 election cycle. U.S. District Judge James Moody Jr. had enjoined the state from enforcing the law as his ruling is appealed, but later reversed that part of the ruling.
Colorado – Outside Groups Spent More Than $1 Million to Influence Denver’s Election, and It Took a Lot of Work to Figure That Out
Denver Post – Andrew Kenney | Published: 6/17/2019
Outside spending is mutating faster than the city can keep pace, and it threatens to undermine the campaign finance reforms that were recently approved by Denver voters. In 2011, independent groups spent more than $700,000 on Denver’s elections, but much of that earlier spending came through PACs, which must report their finances through the city’s standard forms. In 2019, more than $1 million was spent through a different outlet. The biggest donors embraced nonprofit groups that disclose less information about their supporters during the election. It is part of a national trend that accelerated with the Citizens United case decided by the U.S. Supreme Court in 2010.
Massachusetts – After Being Rejected by the State, DiMasi Is Now a Registered Lobbyist at City Hall
Boston Globe – Matt Stout | Published: 6/20/2019
Former Massachusetts House Speaker Salvatore DiMasi registered to lobby in Boston a day after he appealed the secretary of state’s rejection of his attempt to register as a lobbyist at the state level. Boston’s process, which operates separately from the state, was launched amid concerns the city had no effective way to regulate who was lobbying at City Hall. DiMasi’s registration could cast a spotlight on the fledgling rules, which proponents say are still a work in progress. The city ordinance includes a mechanism to automatically disqualify anyone from lobbying for 10 years if they have been convicted of a felony that violates certain state lobbying and ethics laws. The language closely mirrors the statute under which the secretary of state’s office rejected DiMasi from registering with the state.
Montana – Montana Lobbyist Spending Reports Now Harder to Access
Montana Public Radio – Corin Cates-Carney | Published: 6/18/2019
At least $6.5 million was spent on lobbying during Montana’s 2019 legislative session. In the past, commissioners of political practices have devoted staff time to translating the paper forms lobbyists are required to file into a single electronic document, which the public or the press could then search and sort. But this year, Political Practices Commissioner Jeff Mangan, who was appointed in 2017, chose to not require his staff to do that. “It’s not their jobs to input, or data input, information for the lobbyists,” Mangan said. Both lobbyists and watchdog groups say Montana’s lobbying disclosure laws are better than most other states. But Denise Roth Barber, managing director at the National Institute on Money in State Politics, says the lack of consistent electronic filing is a weakness.
New Jersey – Gov Signs Dark-Money Bill, Expects Lawmakers to Roll Back Problem Parts
NJ Spotlight – Colleen O’Dea | Published: 6/18/2019
New Jersey Gov. Phil Murphy signed a bill that requires, at least for the moment, politically active nonprofits or 501(c)(4) groups to disclose their high-dollar contributors – those giving at least $10,000 – when these groups spend at least $3,000 to influence an election, legislation, or regulations. The law also increases the maximum amounts of all campaign contributions. It raises the amount that an individual candidate can receive from $2,600 to $3,000 per election and increases the amounts that political committees and party committees can receive, as well. Assemblyperson Andrew Zwicker said he introduced a “cleanup” bill to address Murphy’s concerns over the impact the new law would have on some nonprofit advocacy groups.
Oklahoma – Ethics Commission Says Money Is Tight
The Oklahoman – Nolan Clay | Published: 6/15/2019
A year after the state’s watchdog panel sued unsuccessfully for more funding, its financial situation remains dire, officials say. “It will be a very tight year,” Oklahoma Ethics Commission Executive Director Ashley Kemp said at the agency’s regular monthly meeting. Legislators budgeted the commission $716,621 for the 2020 fiscal year, an increase of about $6,000 from its current appropriations. That “doesn’t even cover the personnel costs,” Kemp said. Lawmakers also voted to remove $550,000 from the commission’s revolving fund and to cap how much it can spend in the future from that fund at $150,000 a year.
Oregon – Limits on Oregon Campaign Money Are Dead. But Voters May Still Get to Weigh In.
Portland Oregonian – Rob Davis | Published: 6/14/2019
Limits on campaign donations will have to wait for another legislative session in Oregon. A bill that cleared the House with several loopholes intact is not advancing in the state Senate. Meanwhile, lawmakers are moving ahead with a measure asking voters to amend Oregon’s constitution by authorizing the creation of campaign finance restrictions. The death of House Bill 2714, which would set specific dollar caps in anticipation of the constitutional measure’s passage, gives lawmakers more time to find agreement before Senate Joint Resolution 18 would go to voters in November 2020.
Virginia – Supreme Court Dismisses Challenge to Findings of Racial Gerrymandering in Virginia Districts
Philadelphia Inquirer – Robert Barnes (Washington Post) | Published: 6/17/2019
The U.S. Supreme Court dismissed the challenge to a lower court’s findings that some of Virginia’s legislative districts were racially gerrymandered, saying House Republicans did not have legal standing to challenge the decision. The decision could give an advantage to the state’s Democrats. All 140 seats in the Legislature are on the ballot this fall, and the GOP holds two-seat majorities in both the House and the Senate. The case concerned 11 voting districts drawn after the 2010 census, each with at least a 55 percent population of black residents of voting age. Democratic voters in those districts sued, saying lawmakers had run afoul of the Constitution by packing too many black voters into the districts, diminishing their voting power.
Washington – These Voters Are Using Democracy Vouchers to Influence Seattle’s City Council Races
Seattle Times – Daniel Beekman | Published: 6/12/2019
Across Seattle, the taxpayer-funded democracy vouchers mailed in February to registered voters and other eligible residents are changing how races are run: 42 of 55 candidates for the council’s seven district seats have signed up and together have collected nearly $1.6 million in vouchers. The program, unlike any other in the country, is meant to involve more people in the electoral process, help grassroots candidates compete, and encourage them to interact with regular voters rather than dialing for dollars from wealthy donors. Participating candidates must abide by special spending and contribution limits. More than 30 candidates have already gathered at least $20,000 in vouchers, and they are interacting with voters in various ways.
June 14, 2019 •
News You Can Use Digest – June 14, 2019
National/Federal A Wealthy Iraqi Sheikh Who Urges a Hard-Line U.S. Approach to Iran Spent 26 Nights at Trump’s D.C. Hotel MSN – Joshua Partlow, David Fahrenthold, and Taylor Luck (Washington Post) | Published: 6/6/2019 In July, a wealthy Iraqi sheikh named […]
National/Federal
A Wealthy Iraqi Sheikh Who Urges a Hard-Line U.S. Approach to Iran Spent 26 Nights at Trump’s D.C. Hotel
MSN – Joshua Partlow, David Fahrenthold, and Taylor Luck (Washington Post) | Published: 6/6/2019
In July, a wealthy Iraqi sheikh named Nahro al-Kasnazan wrote letters to national security adviser John Bolton and Secretary of State Mike Pompeo urging them to forge closer ties with those seeking to overthrow the government of Iran. Four months later, he checked into the Trump International Hotel in Washington, D.C. and spent 26 nights in a suite, a visit estimated to have cost tens of thousands of dollars. Kasnazan said his choice of the Trump hotel was not part of a lobbying effort. His long visit is an example of how Trump’s Washington hotel, a popular gathering place for Republican politicians and people with government business, has become a favorite stopover for influential foreigners who have an agenda to pursue with the administration.
As 2020 Candidates Struggle to Be Heard, Their Grumbling Gets Louder
New York Times – Lisa Lerer and Reid Epstein | Published: 6/11/2019
Of the 23 Democratic candidates for president, only eight routinely break one percent in national polls. Most have not yet qualified for the fall debates. And cable news channels, which have emerged as an early driving force in the race, have only so many hours of programming each day. That has moved the campaign into a new, yet familiar, phase: the ritual airing of grievances. Weeks’ worth of pent-up frustration is beginning to trickle into the public arena, as a way for candidates to explain their lowly positions, both to themselves and to the voters. The rules around participation in the primary debates are a sore spot for second- and third-tier candidates, who fear getting shut out of the biggest stage in the race.
Bipartisan Senators Push New Bill to Improve Foreign Lobbying Disclosures
The Hill – Alex Gangitano | Published: 6/10/2019
U.S. Sen. Charles Grassley introduced legislation that would give the Department of Justice more tools to investigate possible violations of the Foreign Agents Registration Act, a 1938 statute that lawmakers on both sides of the aisle have characterized as outdated and weak. The bill would allow the Justice Department to increase the penalties for people who fail to properly register as a foreign agent. It also would require the Government Accountability Office to study whether and to what extent the Lobbying Disclosure Act exemption is being abused to conceal foreign lobbying activity.
Chao Created Special Path for McConnell’s Favored Projects
Politico – Tucker Doherty and Tanya Snider | Published: 6/10/2019
The Transportation Department under Secretary Elaine Chao designated a special liaison to help with grant applications and other priorities from her husband Mitch McConnell’s home state of Kentucky, paving the way for grants totaling at least $78 million for favored projects as McConnell prepared to campaign for re-election. Chao’s aide Todd Inman, who stated in an email to McConnell’s Senate office that Chao had personally asked him to serve as an intermediary, helped advise the senator and local Kentucky officials on grants with special significance for McConnell, including a highway-improvement project in a McConnell political stronghold that had been twice rejected for previous grant applications. The circumstances highlight the ethical conflicts in having a powerful Cabinet secretary married to the Senate’s leader and in a position to help him politically.
DeVos’ Student Aid Chief Quits Foundation Board Following Questions on Conflict of Interest
Politico – Michael Stratford | Published: 6/11/2019
The Education Department appointee who oversees the government’s $1.5 trillion student loan being asked about a potential conflict-of-interest. Mark Brown, a retired major general in the U.S. Air Force, was selected by Education Secretary Betsy DeVos to be the new head of the department’s Office of Federal Student Aid. Until recently, he also served as an unpaid member of the board of directors of KnowledgeWorks, a non-profit foundation that holds about $30 million in federally guaranteed student loans. Several ethics experts said that arrangement raised concerns about a potential conflict because Brown’s unit is responsible for regulating and overseeing student loans backed by the government, including those that are owned by KnowledgeWorks.
Echoes of Biden’s 1987 Plagiarism Scandal Continue to Reverberate
Anchorage Daily News – Neena Satija (Washington Post) | Published: 6/5/2019
Joe Biden ended his first presidential campaign in 1987 amid questions about a value he had worked hard to convince voters he had: authenticity. The collapse had begun with news that Biden had lifted phrases and mannerisms from a British Labour Party politician while making closing remarks at a debate. Examples soon surfaced of Biden using material from other politicians without attribution, and he acknowledged he had been accused of plagiarism in law school. Now, those events are back in the spotlight for the former vice president, who is one of the most visible Democrats in a crowded field vying to run against President Trump. Biden’s campaign acknowledged it had lifted phrases, without attribution, from various nonprofit publications in its climate and education plans.
Election Rules Are an Obstacle to Cybersecurity of Presidential Campaigns
New York Times – Nicole Perlroth and Matthew Rosenberg | Published: 6/6/2019
One year out from the 2020 elections, presidential candidates face legal roadblocks to acquiring the tools and assistance necessary to defend against the cyberattacks and disinformation campaigns that plagued the 2016 campaign. Federal laws prohibit corporations from offering free or discounted cybersecurity services to federal candidates. The same law also blocks political parties from offering candidates cybersecurity assistance because it is considered an in-kind donation. The issue took on added urgency after lawyers for the FEC advised the agency to block a request by Area 1 Security, asked the company to refile the request with a simpler explanation of how it would determine what campaigns qualified for discounted services.
NRA Money Flowed to Board Members Amid Allegedly Lavish Spending by Top Officials and Vendors
MSN – Beth Reinhard, Katie Zezima, Tom Hamburger, and Carol Leonnig (Washington Post) | Published: 6/9/2019
The National Rifle Association (NRA), which has been rocked by allegations of exorbitant spending by top executives, also directed money in recent years that went to board members, the very people tasked with overseeing the organization’s finances. Eighteen members of the NRA’s 76-member board, who are not paid as directors, collected money from the group during the past three years. The payments deepen questions about the rigor of the board’s oversight as it steered the country’s largest and most powerful gun rights group, according to tax experts and some longtime members. The payments, coupled with multimillion-dollar shortfalls in recent years and an ongoing investigation by the New York attorney general, threaten the potency of the NRA, long a political juggernaut and a close ally of President Trump.
Rep. Greg Pence Amends Filing That Showed Lodging Charge at Trump Hotel
USA Today – Maureen Groppe | Published: 6/11/2019
U.S. Rep. Greg Pence, brother of Vice President Mike Pence, reported spending more than $7,600 in campaign funds on lodging at the Trump International Hotel in the first few months after his election in November, although lawmakers are supposed to pay for their own housing in Washington, D.C. Hours after USA Today pressed for details on the nature of the lodging expenses, Rep. Pence’s campaign filed an amended FEC report that changed the designation of the expenses to “fundraising event costs.” Federal election rules allow campaign funds to be spent on hotels for fundraising events. And Greg Pence separately reported more than $15,000 in catering and reception costs at Trump’s hotel in December and January.
Top AI Researchers Race to Detect ‘Deepfake’ Videos: ‘We are outgunned’
San Francisco Chronicle – Drew Harwell (Washington Post) | Published: 6/12/2019
Artificial-intelligence (AI) researchers warn that computer-generated fake videos could undermine candidates and mislead voters during the 2020 presidential campaign. Powerful new AI software has effectively democratized the creation of convincing “deepfake” videos, making it easier than ever to fabricate someone appearing to say or do something they did not really do. And researchers fear it is only a matter of time before the videos are deployed for maximum damage – to sow confusion, fuel doubt, or undermine an opponent, potentially on the eve of a White House vote. Even simple tweaks to existing videos can create turmoil, as happened with the recent viral spread of a video of House Speaker Nancy Pelosi, distorted to make her speech stunted and slurred. That video was viewed more than 3 million times.
Trump 2020 Campaign Ad Payments Hidden by Layers of Shell Companies
Center for Responsive Politics – Anna Massoglia | Published: 6/13/2019
The Trump 2020 campaign funneled money to a shell company tied to ad buyers at the center of an alleged illegal coordination scheme with the National Rifle Association (NRA) as recently as May 2019. The previously unreported ad buys for Trump’s re-election campaign routed through a secretive limited-liability company known as Harris Sikes Media LLC were revealed in Federal Communications Commission records. The Trump campaign stopped reporting payments to ad buyers at American Media & Advocacy Group following allegations the company facilitated illegal coordination between the campaign and the NRA through American Media’s affiliates National Media Research, Planning & Placement and Red Eagle Media Group. Trump’s reelection campaign quietly continued to funnel money to the same individuals through payments to Harris Sikes Media.
Trump Lawyer’s Message Was a Clue for Mueller, Who Set It Aside
MSN – Michael Schmidt and Charle Savage (New York Times) | Published: 6/9/2019
As the special counsel’s investigators pursued the question of whether President Trump tried to impede their work, they uncovered compelling evidence – a voice mail recording and statements from a trusted witness – that might have led to him. An attorney for Trump, John Dowd, reached out to a lawyer for a key witness who had just decided to cooperate with the government, Michael Flynn. Dowd fished in his message for a heads-up if Flynn was telling investigators negative information about Trump, while also appearing to say that if Flynn was just cutting a deal without also flipping on the president, then he should know Trump still liked him. Dowd never said whether Trump directed him to make the overture. And investigators for Robert Mueller declined to question Dowd about his message. Legal experts were divided on whether Mueller’s team should have sought to question Dowd.
Trump Says He’d Consider Accepting Dirt from Foreign Governments on His Opponents
Keene Sentinel – Colby Itkowitz and Tom Hamburger | Published: 6/13/2019
President Trump said if a foreign power offered dirt on his 2020 opponent, he would be open to accepting it and he would have no obligation to call in the FBI. The president’s comments come as congressional investigations into Russian interference in the 2016 election continue, and they drew sharp response from his would-be Democratic rivals. Although special counsel Robert Mueller did not find enough evidence to establish a criminal conspiracy involving the Trump campaign in his probe of Russia’s role in the 2016 election, his report said the Russian government interfered in the election in a “sweeping and systemic fashion” and that Trump’s campaign was open to assistance from Russian sources.
What the Governors Feuding with Their Own Parties Have in Common
Governing – Alan Greenblatt | Published: 6/11/2019
A handful of governors presiding over one-party states are now taking serious hits from legislators and leaders in their own political parties. In New Jersey, Democratic Gov. Phil Murphy is engaged in a feud with state Senate President Stephen Sweeney that has led to threats of a primary challenge. In Kentucky, Republican Lt. Gov. Jeanne Hampton warned recently about “dark forces” operating within Gov. Matt Bevin’s administration. Craig Blair, who chairs the Senate Finance Committee in West Virginia, called on Republican Gov. Jim Justice to resign. In states with divided governments, it is almost to be expected that governors and legislators will sometimes sling arrows at each other. But most states are dominated by a single party, and their most powerful politicians are finding that it can still be difficult to get along.
With Most States Under One Party’s Control, America Grows More Divided
MSN – Timothy Williams (New York Times) | Published: 6/11/2019
It is the first time in more than a century that all but one state Legislature is dominated by a single party. Most legislative sessions have ended or are scheduled to end in a matter of days in capitals across the nation, and Republican-held states have rushed forward with conservative agendas as those controlled by Democrats have pushed through liberal ones. Any hope that single-party control in the states might ease the tone of political discourse has not borne out. Lopsided party dominance has not brought resignation; instead of minority parties conceding they lack the numbers to effectively fight back, the mood has grown more tense and vitriolic. Analysts said issues addressed by state Legislatures this year, which included gun control and health care, might have more lasting effect than anything approved in Washington, D.C., where government is divided.
From the States and Municipalities
California – Democrats Say They Don’t Take Big Tobacco Money. But JUUL Had a Sponsorship at Convention
Sacramento Bee – Andrew Sheeler | Published: 6/7/2019
JUUL Labs, maker of a line of e-cigarette products in popular use among middle and high school students, had a prominent sponsor slot on the stage of the California Democratic Party’s state convention, where politicians like U.S. House Speaker Nancy Pelosi, Gov. Gavin Newsom, and a bevy of presidential candidates and state officials spoke. State Sen. Jerry Hill, an outspoken critic of tobacco companies, said he could not believe his eyes when he saw the sponsorship. “I was baffled because it’s a long-standing policy of the Democratic Party not to take money from Big Tobacco,” Hill said. JUUL is one-third owned by Altria, which owns Philip Morris USA.
Illinois – Mayor Lori Lightfoot to Introduce Ethics Package Aimed at Fighting City Hall Corruption
Chicago Tribune – John Byrne | Published: 6/5/2019
Chicago Mayor Lori Lightfoot will seek to follow through on her campaign pledge to clean up a City Hall that for months has been rocked by an FBI investigation and racketeering charges against Ald. Edward Burke by introducing an ethics reform package. The former federal prosecutor’s proposal looks to tighten the rules for aldermen holding outside jobs and would require nonprofits lobbying City Hall to register as lobbyists. It also would give city Inspector General Joseph Ferguson the power to audit city council committees. Lightfoot is also pushing for more modest increases to fines for ethics violations than the city Ethics Board has proposed.
Indiana – Judge Rules Against Fort Wayne’s Pay to Play Ordinance
Fort Wayne Journal Gazette – Dave Gong | Published: 6/11/2019
Superior Court Judge Jennifer DeGroote ruled against the city of Fort Wayne in a case regarding its controversial “pay-to-play” ordinance. DeGroote blocked the city from enforcing the ordinance that restricted how much money the owners of a company could give elected officials and still bid on city contracts. The ordinance prohibited any company from bidding on a city contract if any owner, partner, or principal who owns more than 10% of that company gave more than $2,000 to the campaign of a person with responsibility for awarding contracts.
New Hampshire – Top N.H. Lawmaker Says No Lobbying Involved in His Union Job, But His Predecessor Was a Lobbyist
New Hampshire Public Radio – Casey McDermott | Published: 6/6/2019
House Majority Leader Doug Ley is adamant he has not broken any ethics rules by engaging in legislative advocacy as president of the New Hampshire chapter of the American Federation of Teachers while serving in the Legislature. He has also maintained his work on the union’s behalf – testifying at public hearings, rallying support or opposition for specific bills, and sending out “legislative bulletins” to union members – does not count as lobbying. But Ley’s predecessor at the union, Laura Hainey, said she did consider much of the same kind of advocacy work she did at the statehouse to constitute lobbying. And, unlike Ley, she registered as a lobbyist during her term as the union’s president.
New Jersey – Gov. Phil Murphy, Lawmakers Reach Deal on Dark Money Disclosure
Burlington County Times – Dave Levinsky | Published: 6/10/2019
Facing the likelihood that lawmakers would vote to override his earlier veto, New Jersey Gov. Phil Murphy agreed to sign a “dark money” disclosure bill originally sent to him. Lawmakers agreed to vote again on the original legislation and Murphy has agreed to sign it with no changes. The bill mandates the disclosure of donors who give more than $10,000 to nonprofit 501(c)4 groups that are not currently subject to disclosure requirements if they engage in political activities, lobbying, or campaigning. It would also mandate the disclosure of expenses of more than $3,000 and would boost contribution limits to state and county political committees. Those groups are already subject to strict reporting requirements but have been usurped by dark-money groups in recent years.
New York – Inside the Stealth Campaign for ‘Responsible Rent Reform’
New York Times – Vivian Wang | Published: 6/10/2019
Confronted with a Democratic takeover of the state Legislature and emboldened progressive activists, the city’s landlords and developers, long accustomed to ruling New York through political donations and expensive lobbyists, are adopting the tactics of their activist foes. They have sent buses of electricians and boiler repair workers to Albany to protest the proposed changes, organized rallies outside public hearings, formed groups with generic names to run social media advertisements, and paid for mailers urging constituents to call their representatives. The goal is to deliver the industry’s message that too-strict rent regulations would affect not only wealthy landlords, but also the working class in a way that does not seem like it is coming from the industry.
Wisconsin – Hours Before a Trial Was Set to Start, Wisconsin Supreme Court Reinstates Most GOP Lame-Duck Laws
Milwaukee Journal Sentinel – Patrick Marley | Published: 6/11/2019
The Wisconsin Supreme Court reinstated most of the lame-duck laws Republican lawmakers approved in December to trim the powers of the state’s top Democrats. With a pair of orders, the high court canceled a trial and put back in place almost all the lame-duck laws while it considers an appeal. After the rulings, just two provisions of the lame-duck laws have been kept from going into effect. One would have limited early voting; the other would have required a public commenting period for older government documents. The status of the laws could change in the months ahead because the Supreme Court has to make more rulings in the case. A federal judge is overseeing another challenge to the lame-duck laws that is in its early stages.
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