February 12, 2021 •
News You Can Use Digest – February 12, 2021
National/Federal After Capitol Riot, Desperate Families Turn to Groups That ‘Deprogram’ Extremists MSN – Paulina Villegas and Hannah Knowles (Washington Post) | Published: 2/5/2021 There is a surge of desperate families and friends calling organizations that aim to deradicalize and “deprogram” […]
National/Federal
After Capitol Riot, Desperate Families Turn to Groups That ‘Deprogram’ Extremists
MSN – Paulina Villegas and Hannah Knowles (Washington Post) | Published: 2/5/2021
There is a surge of desperate families and friends calling organizations that aim to deradicalize and “deprogram” extremists across the ideological spectrum. Such groups say demand for their free services has never been higher. Parents for Peace says calls to its national helpline have tripled since the beginning of the coronavirus pandemic, with a growing number of younger people being groomed in white supremacist ideology. After supporters of then-President Trump stormed the U.S. Capitol on January 6, the intervention groups have experienced a deluge of calls related to the attack as well as to conspiracy theories and QAnon. The range of extremist ideas they encounter also has widened in the past year, driven by the 2020 election and the pandemic.
After Losing Committees, Marjorie Taylor Greene Says She Has Been ‘Freed’ to Push the GOP Further Right
Seattle Times – Mike DeBonis and Paul Kane (Washington Post) | Published: 2/5/2021
U.S. Rep. Marjorie Taylor Greene declared the House’s decision to remove her from her committee assignments has liberated her to build a political network aimed at supporting former President Trump and pushing the GOP further to the right. Greene’s comments demonstrated that far from being cowed by the uproar over the various extremist remarks she made in the years leading up to her election in November, she has only been emboldened in her social-media-fueled campaign against Democrats, cultural elites, and the media.
As Biden’s Son-in-Law Invests in COVID-19 Response, Questions of Family and Ethics Could Resurface
ABC News – Lucien Bruggeman | Published: 2/9/2021
During the 2020 presidential campaign, attention on Joe Biden’s family focused largely on his son, Hunter Biden. But experts say it is the president’s son-in-law, Howard Krein, who could present fresh ethical challenges for the new administration. Krein helps oversee StartUp Health investments in hundreds of companies, including some hoping to break through with the federal agencies battling the global coronavirus pandemic. Since 2011, when Krein co-founded the firm, Joe Biden has been an active supporter of the venture – headlining corporate conferences and inviting the company’s executives to the Oval Office to meet then-President Barack Obama.
First Circuit Rules Nonmember Workers Can’t Be Forced to Fund Union Lobbying
Center Square – Bethany Blankley | Published: 2/4/2021
The U.S. Court of Appeals for the First Circuit rejected a request by a union in a case that has been ongoing on since 2009, handing a victory to a longtime non-union nurse who objected to being forced to pay for union lobbying expenses. For 11 years, United Nurses and Allied Professionals officials and lawyers have argued non-union nurses like the plaintiff, Jeanette Geary, and her fellow nurses who are not members of their workplace’s union, be required to pay union lobbying expenses. With free legal aid from National Right to Work Legal Defense Foundation, Geary filed a federal complaint arguing the union infringed on her constitutionally protected rights under the foundation-won CWA v. Beck Supreme Court decision.
Former Mueller Prosecutor Predicts Increased Pursuit of Unregistered Foreign Agents
Politico – Caitlin Oprysko and Josh Gerstein | Published: 2/4/2021
Brandon Van Grack, the Justice Department official who spearheaded the department’s crackdown on unregistered foreign agents praised the department’s tougher approach to enforcing the Foreign Agent Registration Act (FARA) and predicted the department will continue the crackdown under the Biden administration. Van Grack was a lead prosecutor on Robert Mueller’s team investigating Russian interference in the 2016 election. Mueller’s work spurred prosecutions that ensnared some of former President Trump’s top allies. The probe also revitalized FARA, the law requiring entities who represent a foreign government or political party to file disclosures detailing their work and sent chills down K Street.
How the Jan. 6 Riot Could Make It Tougher to Lobby
MSN – Kate Ackley (Roll Call) | Published: 2/8/2021
The coronavirus pandemic has shifted the lobbying industry online. The deadly assault on the Capitol ignited a fresh fear among lobbyists and activists. What if, they worry, new security measures keep them at a distance from the lawmakers and staff they aim to influence, long after the pandemic ends? Access is currency on K Street, and the subtleties of in-person relationship-building can be at least as important as crafting a policy message. Big-money lobbyists are likely to regain such interactions through fundraising events when they return post-pandemic, but rank-and-file lobbyists and advocates for lower-dollar influence campaigns say they are troubled at the prospect of no longer having access to the Capitol complex.
It’s Not a Typical Trial. Lawyers in the Trump Impeachment Case Will Argue Big Constitutional Questions.
MSN – Ann Marimow and Tom Hamburger (Washington Post) | Published: 2/8/2021
The arguments by opposing lawyers in the Senate impeachment trial of former President Trump are expected to revolve largely around a pair of constitutional questions: a First Amendment defense of his fiery speech ahead of the violent January 6 attack on the Capitol and a challenge to the legality of putting a former president on trial. Trump is the first president in U.S. history to be impeached twice, and the only one to be tried in the Senate after leaving office. While an impeachment proceeding is distinct from a typical criminal trial, with a different set of rules, Trump’s case will feature broad legal questions about whether his actions violate the Constitution.
Tester Revives ‘Spotlight Act’ on Dark Money
Billings Gazette – Tom Lutey | Published: 2/4/2021
U.S. Sen Jon Tester reintroduced the Spotlight Act, which would require nonprofits to reveal their major donors to the IRS. At issue are nonprofit “social welfare” groups registered under the 501(c)(4) section of the tax code. Another group, trade associations, fall under section 501(c)(6). These groups avoid disclosing donors by not attacking candidates outright, but instead focusing on a particular issue and what side of the issue a candidate chooses. The ads often end by encouraging people to call a candidate to express disapproval about a specific issue.
The Big Business of Online Politics: Buying your email address
Politico – Elena Schneider | Published: 2/10/2021
Avalanche, an email acquisition service, will charge Democratic campaigns and progressive groups to send emails to its list of prized online donors, allowing those groups to solicit contributions and expand their own email programs. Companies and groups like Avalanche are popping up to fill the hole left by Facebook and Google’s prolonged political ad bans, which bar campaigns and political groups from running ads on their platforms to draw in small-dollar donors. By cutting off that pipeline to voters and potential supporters, the tech giants have set off a race to find new ways to reach those contributors. One old-school fundraising tactic is regaining fresh traction: buying, renting, and swapping email lists.
Trump Broke Them. Now the Pandemic Is Bringing Them Together.
Politico – Stephanie Murray | Published: 2/10/2021
When the National Conference of State Legislatures (NCSL) came to Boston for its annual summit in 2007, its members did not have to work hard to find common ground. By the time the conference returned to Boston in 2017, just as Donald Trump was taking office, partisanship had taken hold of a bipartisan group. Now, groups like the NCSL, the National Governors Association, and the U.S. Conference of Mayors are moving back to bipartisanship just as state and city leaders have been entrusted with more power than they have had in the nation’s history. If they continue to move toward unity, state and city leaders could once again turn the professional organizations into formidable lobbying groups capable of pressuring Congress, the president, and shaping the way American moves on from the pandemic.
Trump’s Political Operation Paid More Than $3.5 Million to Jan. 6 Organizers
Center for Responsive Politics – Anna Massoglia | Published: 2/10/2021
As former President Trump faces an impeachment trial on charges of inciting attacks on the U.S. Capitol, unanswered questions about the full extent of his ties to a nearby rally the same day highlight the need for more campaign finance transparency. Newly identified payments in recent FEC filings show people involved in organizing the protests on January 6 received even larger sums from Trump’s 2020 campaign than previously known. The Center for Responsive Politics unearthed more than $3.5 million in direct payments from Trump’s 2020 campaign, along with its joint fundraising committees, to people and firms involved in the Washington, D.C. demonstration before a violent mob stormed the U.S. Capitol.
Two Republicans Fined for Bypassing Security Just Days After House Approved New Penalties
MSN – Felicia Sonmez and Derek Hawkins (Washington Post) | Published: 2/6/2021
Two Republican House members were fined $5,000 for bypassing the security screening that was set up outside the House chamber in the wake of the January 6 attack on the Capitol by a pro-Trump mob. Reps. Louie Gohmert and Andrew Clyde appear to be the first members punished under the rule, which says lawmakers who bypass the metal detectors that have been installed outside some doors to the chamber will be fined $5,000 for the first offense and $10,000 for each subsequent offense.
What of ‘Individual-1′? Feds’ Trump Campaign Case Is ‘Dead’
Associated Press News – Jim Mustian and Larry Neumeister | Published: 2/5/2021
The federal probe of hush money paid to cover up former President Trump’s alleged extramarital affairs has not been restarted, even though he no longer has the legal shield of the presidency. Trump’s exit from the White House prompted speculation that prosecutors might revive the investigation that sent his former attorney, Michael Cohen, to prison. An attorney for one key witness described the investigation as “dead,” adding prosecutors have even returned certain evidence they collected, a likely indication no one else will be charged.
From the States and Municipalities
Arizona – Trump Campaign Paid Arizona State Rep. Mark Finchem $6,000 During Effort to Overturn Election Results
MSN – Andrew Oxford (Arizona Republic) | Published: 2/6/2021
Former President Trump’s reelection campaign reported paying $6,037 to a business owned by state Rep. Mark Finchem while the lawmaker pushed for the Legislature to overturn Joe Biden’s victory in Arizona. The campaign reported in its latest financial disclosure it made a payment on December 18 to “Mrk Finchem PLLC” and the address provided for the company is the lawmaker’s home. The campaign labeled the expense as “recount: legal consulting.” Lawmakers are required to disclose each business in which they have a position or a fiduciary relationship. Finchem did not address why the company is not listed on his most recent financial disclosure, which covered all of 2020.
California – Ex-SoCal Mayor, 10 Others Charged in Corruption Probe
Courthouse News Service – Nathan Solis | Published: 2/4/2021
The Los Angeles County district attorney’s office charged former Maywood Mayor Ramon Medina and 10 others for “widespread corruption” that involved bribes for city contracts, embezzlement, and an attempt to heavily discount city property to secure a bingo hall. Investigators raided Maywood City Hall, the homes and businesses of Medina, and other locations. The searches came after an audit called out the city’s poor practices and more than $15 million in debt. Medina is alleged to have sought and received bribes from individuals and companies seeking to do business in Maywood, one of the county’s smallest and most densely populated cities.
California – Lyft Could Pay About $3,000 for Failing to Disclose That It Paid for Some Ads in Its $48 Million Prop 22 Campaign
MSN – Katie Canales (Business Insider) | Published: 2/10/2021
Lyft faces a $3,371 fine for not disclosing it paid for some ads as part of its Proposition 22 campaign in California. The Fair Political Practices Commission is proposing the company be fined $1,499 for email ads that did not include a note indicating they were paid for by Lyft, $936 for robocalls and text ads that were also missing such a message, and $936 for robocalls and text ads that bore the wrong name. Instead of all workers having full-time employee status, Proposition 22 requires gig companies to provide an alternative set of benefits to cover expenses, including healthcare subsidies.
Georgia – Georgia Prosecutors Open Criminal Investigation into Trump’s Efforts to Subvert Election Results
MSN – Amy Gardner (Washington Post) | Published: 2/10/2021
An Atlanta-area prosecutor has opened a criminal investigation into efforts to overturn the 2020 election result in Georgia in the wake of calls former President Trump placed to state officials, urging them to invalidate Joe Biden’s victory in the state. Fulton County District Attorney Fani Willis did not mention Trump by name but stated her office is examining a raft of potential criminal charges related to “attempts to influence” the administration of the 2020 election in the state. Prosecutors are scrutinizing all three of those calls, as well as the circumstances around the sudden resignation of the U.S. attorney in Atlanta.
Hawaii – Hawaii Lawmakers Want Their ‘Gifts of Aloha’ Back
Honolulu Civil Beat – Blaze Lovell | Published: 2/4/2021
The Hawaii Ethics Commission recently approved rules that prevent lawmakers from accepting so-called gifts of aloha, generally small food items, especially from lobbyists, who along with their clients have often gifted such items to lawmakers and their staffs. The new rules were meant to clarify several laws dealing with ethics in state government and to prevent officials in positions of authority from accepting gifts that might appear improper. But the ban has given rise to questions concerning the circumstances in which a legislator may or may not accept food items given to them out of courtesy. For example, what happens if a constituent who is not a lobbyist offers a bottle of water?
Iowa – Iowa Governor Auctioned off Access for Pork Barons’ Charity
Associated Press News – Ryan Foley | Published: 2/8/2021
Iowa Gov. Kim Reynolds auctioned off an afternoon of her time to raise money for the namesake charity of a couple who own one of the nation’s largest pork producers and have contributed nearly $300,000 to her campaign. The 2019 auction to benefit the Deb and Jeff Hansen Foundation provides a striking example of the governor’s close relationship with the state’s pork industry and particularly Iowa Select Farms, owned by the couple. Company staff members run the Hansens’ foundation, which sponsors charitable programs including giveaways of pork products to needy families. The time with Reynolds was advertised as an “afternoon with Iowa’s leading lady.”
Louisiana – Former Top Gambling Regulator in Louisiana Taking Job as Advisor to British Gaming Company
The Advocate – Sam Karlin | Published: 2/8/2021
Ronnie Jones, the former top gambling regulator in Louisiana who was ousted from his post last year, is taking a new job as an advisor to the British gaming firm Entain, helping the company navigate the U.S. regulatory process as it expands a sports betting venture. The Louisiana Board of Ethics gave Jones the green light to do the work, after Jones asked for an advisory opinion about whether accepting the job would violate state ethics laws. Those laws bar former agency heads and board members from working for companies with business before their former agencies.
Maryland – Advance Registration Required for Testifying at Legislature
Associated Press News – Audrey Decker (Capital News Service) | Published: 2/9/2021
Signing up to speak at a bill hearing or file written testimony got harder and for some, maybe impossible, after the coronavirus pandemic shifted how the Maryland General Assembly accepts witness testimonies. In previous years, interested parties would trek to Annapolis the morning of a bill hearing and sign up to testify. If they needed assistance in the process, lobbyists could do it for them. While the online system makes it accessible for people who couldn’t previously go to Annapolis in person, it has its own set of challenges.
Maryland – Baltimore Officials Release Report on Prosecutor’s Travel
Associated Press News – Staff | Published: 2/9/2021
The top state prosecutor in Baltimore, a prominent figure in the racial justice movement, attended two dozen events outside Maryland in 2018 and 2019 without getting approval for more than half of the trips, according to an inspector general’s report. It also found Baltimore State’s Attorney Marilyn Mosby was physically absent from her job for 85 days during that time. While noting that almost $23,700 of the $27,015 total cost of the trips was paid by sponsoring organizations, the report found six of the 24 trips were paid for in full or in part by Mosby’s office or the city.
Mississippi – Mississippi Politicians Continue to Enrich Themselves with Campaign Funds, Documents Show
Northeast Mississippi Daily Journal – Luke Ramseth | Published: 2/4/2021
Mississippi politicians continue to personally profit from their campaign funds, new state filings show, a practice that is illegal in many other states and at the federal level. Lawmakers passed campaign finance reforms in 2017 following embarrassing reports that showed how officials had spent donations on everything from children’s parties, to cars, to an $800 pair of cowboy boots. Yet a grandfather clause inserted into the legislation essentially let the unregulated spending continue as long as politicians used money raised before 2018.
Missouri – Missouri Republicans Want Veto Power on Citizen Petitions That Change the Constitution
MSN – Austin Huguelet (Springfield News-Leader) | Published: 2/10/2021
Missouri Republicans are taking another run at making it harder for citizen petitions to change the state constitution. Now, once proposed constitutional amendments are approved by voters, the state Legislature cannot change them without asking voters first. Progressive groups have taken advantage of that in recent years to go straight to voters on ethics reform and Medicaid expansion that could not pass in the GOP-dominated Legislature. But in a committee hearing, Republicans said it is time to push back.
Nevada – Lobbyists Alter Methods of Approach at Hushed Nevada Session
Las Vegas Sun – John Sadler | Published: 2/10/2021
The Nevada Legislature is closed to in-person lobbying because of COVID-19 protocols during the recently started legislative session, leaving lobbyists searching for new ways to connect with lawmakers. The halls of the statehouse are generally teeming with lobbyists hustling to make crucial connections, but that is far from the case in 2021. The hope among lobbyists is that restrictions could be eventually lifted to allow people into the statehouse before the end of the 120-day session in late May. In the interim they are connecting by telephone and videoconferencing apps like Zoom.
New Jersey – How a National Insurance Agency and Political Insiders Work New Jersey’s Money Game
Gothamist – Nancy Solomon (WNYC) | Published: 2/9/2021
Acrisure, a national insurance company, may have secured government contracts worth millions of dollars by exploiting a loophole in New Jersey’s “pay-to-play” rules through the acquisition of branch offices once owned by well-connected political insiders that remain on the payroll. Those insiders, and its company employees, subsequently contributed more than $100,000 to lawmakers dating back to 2015 and sometimes days before those lawmakers voted on awarding lucrative contracts to Acrisure. New Jersey has one of the strongest “pay-to-play” laws in the country aimed at limiting campaign contributions by people who profit from government contracts. But the regulations vary from one municipal government to another in the state.
New Mexico – New Mexico Legislature Advancing Bipartisan Redistricting Reform
The Hill – Reid Wilson | Published: 2/11/2021
A bipartisan plan to reform the way New Mexico draws its political boundaries is advancing through the state Legislature. The measure would create an independent commission to draw district lines. Four members of the commission would be appointed by the Republican and Democratic leaders of the House and Senate, and another three – two independents or representatives of minor parties and one retired Court of Appeals judge – would be chosen by the state Ethics Commission. The commissioners cannot be public officials, candidates for office, or a registered lobbyist, and they cannot hold leadership positions in a political party at either the state or federal level.
New York – Cor Development Fights State Ethics Panel Over Lobbying Allegations from 2016
MSN – Tim Knauss (Syracuse Post-Standard) | Published: 2/8/2021
It has been two-and-a-half years since two Cor Development executives were convicted on federal corruption charges related to their state business dealings. Now the company is fighting the New York Joint Commission on Public Ethics’ (JCOPE) slow-moving investigation into four-year-old allegations that grew out of the federal probe: that Cor failed to submit required lobbying disclosures. Cor seeks a court order barring JCOPE from investigating, arguing the agency waited too long to notify Cor of the probe and did not give the company a chance to promptly answer the allegations.
New York – New York’s High Court Ends State Case Against Paul Manafort
Yahoo News – Jennifer Peltz and Michael Sisak (Associated Press) | Published: 2/8/2021
Paul Manafort will not face mortgage fraud charges in New York after the state’s highest court declined to revisit lower court decisions that barred prosecuting former President Trump’s onetime campaign chairperson on double jeopardy grounds. The New York Court of Appeals decision closed the door on charges against Manafort in the matter and came less than two months after Trump pardoned him in a similar federal case that had put him behind bars.
Ohio – ‘Dark Money’ Group Admits Involvement in Householder Bribery Scandal
Columbus Dispatch – Sharon Coolidge and Dan Horn (Cincinnati Enquirer) | Published: 2/5/2021
A nonprofit entered a guilty plea in a $60 million bribery and racketeering scheme involving Ohio’s taxpayer-funded energy company bailout and former House Speaker Larry Householder, Generation Now admitted it was used to funnel millions of dollars in bribes from a utility company to Householder in relation to the passage of House Bill 6. Generation Now allowed the government to take nearly $1.5 million from two bank accounts and received five years of probation. Householder and four co-conspirators were charged in what federal prosecutors called the largest political corruption case in state history. Householder has pleaded not guilty. He was removed as speaker but won reelection to the Ohio House in November.
Ohio – Democrats Seek a Reset Button in Ohio
Politico – James Arkin | Published: 2/8/2021
Democrats are searching for a winning strategy as they try to win an open U.S. Senate seat next year after Rob Portman’s retirement cracked open the door in a race that likely would have been an afterthought otherwise. But finding that formula has eluded the party. They are throwing out plenty of ideas, with varying degrees of difficulty: sever the local campaign from the “coastal” Democratic brand; focus on jobs and the economy to reclaim some lost ground with working-class whites; kindle greater excitement among Black voters to turn out in large numbers and grow the party base. But the trends are bleak: the GOP swept every statewide office except Sherrod Brown’s Senate seat over the last decade.
Ohio – Gov. Mike DeWine’s Grandson Hired as Lobbyist for Electric Vehicle Manufacturer Lordstown Motors
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 2/4/2021
A prominent Ohio electric vehicle startup has hired Gov. Mike DeWine’s grandson as a lobbyist as it seeks state incentives, law changes, and other state government help to get its business off the ground. Matt DeWine is a lobbyist for Lordstown Motors. He started as an intern with last June, a month after he graduated from Miami University and was hired full-time in July. The same month his grandson was hired as an intern, Gov. DeWine visited the Lordstown plant after receiving a private tour.
Ohio – Uproar Over Dominion Voting Machines in One Ohio County Shows Trump’s Falsehoods Linger
MSN – Hannah Knowles (Washington Post) | Published: 2/8/2021
Late last year, officials in an Ohio county voted to buy Dominion voting machines. It was a good deal for the county, said Stark County Board of Elections Director Jeff Matthews. It was also a step into a firestorm as Donald Trump’s supporters were incorrectly accusing Dominion Voting Systems of helping to rig the 2020 results. Two months later, the county has yet to replace its aging voting equipment while May primaries loom. The all-Republican board of commissioners has fielded a deluge of upset callers and spent a recent meeting peppering election staff with doubts and questions. The situation is a testament to how viral accusations repeatedly debunked by courts and authorities have persisted, hanging over local decision-making and saddling officials with the task of somehow rebuilding public trust.
Oklahoma – Bill Reauthorizing Virtual Meetings Zooms Through Oklahoma House
Tulsa World – Randy Krehbiel | Published: 2/8/2021
Oklahoma lawmakers sent to the governor a bill that allows public bodies such as school boards and city councils to convene virtually. In addition, state Ethics Commission Executive Director Ashley Kemp told a House subcommittee the agency may not be able to function much longer if it does not get a larger appropriation and relief from a statute that caps the fines and fees collected annually at $150,000. Kemp is asking for an additional $350,000 for two staff members and to begin full oversight of political subdivisions such as towns and counties.
Oregon – Oregon Rep. Diego Hernandez Could Face Removal After Harassment Investigation
MSN – Claire Withycombe (Salem Statesman Journal) | Published: 2/5/2021
The House Committee on Conduct recommended the full chamber expel Rep. Diego Hernandez after finding he engaged in sexual and workplace harassment and created a hostile work environment. The committee found Hernandez violated standards of conduct for House members in his treatment of three women, all of whom had business at the Capitol. The panel concluded Hernandez pressured two women to restart romantic relationships and subjected a long-term partner to controlling and abusive treatment.
Pennsylvania – Sons of Top Two Pa. Senate Leaders Are Registered Lobbyists for Same Firm
Lancaster Online – Gillian McGoldrick | Published: 2/4/2021
The sons of the Pennsylvania Senate’s two top leaders are both registered lobbyists for the same firm that lobbies on behalf of some of the state’s largest corporations. Mike Ward, the son of Majority Leader Kim Ward, and Anthony Costa, the son of Minority Leader Jay Costa, are both Pittsburgh-based lobbyists for Cameron Companies. Given Ward’s and Costa’s direct relationships to the top Republican and Democrat in the Senate, the sons’ clients could get special treatment across the Legislature and a leg-up in getting their legislative priorities across the finish line, said Khalif Ali, executive director of Common Cause Pennsylvania.
Rhode Island – RI Ethics Commissioner Resigns Amid Controversy Over Role in Smiley Campaign
MSN – Katherine Gregg (Providence Journal) | Published: 2/5/2021
Rhode Island Ethics Commission member Emili Vaziri resigned from the panel following two campaign meetings that took place at her law office. State law bars commission members from participating in political campaigns. The meetings involved Department of Administration Director Brett Smiley, who is running for Providence mayor, and political operative Ed Cotugno. Vaziri was among the commissioners who voted in favor of an advisory opinion clearing the way for Smiley to start raising money for his campaign. The resignation comes in the wake of a series of controversies around Smiley’s fundraising and political activities while leading the agency that distributes and oversees hundreds of millions of dollars in state contracts.
South Carolina – SC Gov. McMaster Fires Agency Chief for Contract to Her Husband’s Employer
MSN – Maayan Schechter (The State) | Published: 2/8/2021
South Carolina Gov. Henry McMaster removed the director he appointed to the State Accident Fund over a recent contract worth upwards of $600,000 the governor said was awarded to a company that hired her husband to do the work. McMaster called for an investigation into whether ousted Director Amy Cofield played a role in guiding the state agency’s funding to her husband’s employer, and in effect to him, through the contract.
Tennessee – Tennessee: FBI raid no excuse for not filing campaign report
Associated Press News – Kimberlee Kruesi | Published: 2/10/2021
Campaign finance officials offered little sympathy to a lawmaker who said he was unable to complete a recent campaign finance report due the FBI confiscating all his campaign files. Rep. Todd Warner was one of several Tennessee lawmakers whose homes and offices were searched by federal agents earlier this year. Warner told the Registry of Election Finance he could not complete his most recent report because he did not have access to key documents. “‘The FBI took my paperwork’ is not excuse for not filing your report,” said Registry member Henry Fincher.
Utah – Utah Ethics Commission Received ‘Multiple’ Concerns in 2020, Didn’t Investigate Any Cases
KUTV – Jim Spiewak | Published: 2/4/2021
Investigating those in the highest levels of government has become tougher through the years in Utah. There are some lawmakers who want more options for legitimate complaints to be further reviewed. Anyone can file a complaint with Utah Executive Branch Ethics Commission, a group made up of five volunteers tasked with investigating claims of unethical or illegal behavior, and several were filed in 2020.None were investigated.
Washington DC – K Street, Political Parents Channel Advocacy into Reopening Schools
MSN – Kate Ackley (Roll Call) | Published: 2/9/2021
The debate over pandemic schooling has ignited passion and protest across the nation. But in the District of Columbia area where some parents hail from K Street, Capitol Hill, and candidate campaigns, the volunteer advocates bring a level of polish to rival politically connected teachers’ unions as they seek to sway local and state officials. The parent advocacy campaigns across the region, which skews Democratic and racially diverse, span the political spectrum. Many parents lobbying for a return to schools say they are frustrated by the politics of the debate, especially last year when then-President Trump said he wanted buildings to welcome students back, ginning up opposition from liberals.
Wisconsin – Wisconsin Health Official Won’t Handle Matters Affecting Former Clients
MSN – Patrick Marley and Mary Spicuzza (Milwaukee Journal Sentinel) | Published: 2/8/2021
Wisconsin’s new health secretary, Karen Timberlake, said she would recuse herself from matters affecting her former lobbying clients. That goes beyond what state law requires. As a lobbyist with Michael Best Strategies, Timberlake represented DentaQuest, an oral health company; MyPath, a company that serves people with disabilities; Rogers Behavioral Health, which lobbies to raise Medicaid payments for behavioral health providers; and the Network for Innovation in Senior Care, a consortium of long-term and rehabilitative care providers. When Timberlake leaves her government post, she will not be able to immediately return to lobbying on the same issues.
February 5, 2021 •
News You Can Use Digest – February 5, 2021
National/Federal An Emboldened Extremist Wing Flexes Its Power in a Leaderless G.O.P. New York Times – Annie Karni and Sam Baker | Published: 2/1/2021 With no dominant leader other than a one-term president, a radical right movement that became emboldened under […]
National/Federal
An Emboldened Extremist Wing Flexes Its Power in a Leaderless G.O.P.
New York Times – Annie Karni and Sam Baker | Published: 2/1/2021
With no dominant leader other than a one-term president, a radical right movement that became emboldened under President Trump has been maneuvering for more power in the Republican Party and ascending in different states and congressional districts. More moderate Republicans feel increasingly under attack, but so far have made little progress in galvanizing voters, donors, or new recruits for office to push back against extremism. Nothing is defining and dividing the GOP more than loyalty to Trump and his false claims about the election.
Biden Brother’s Role in Florida Law Firm Complicates White House Ethics Message
MSN – Annie Linskey (Washington Post) | Published: 2/3/2021
President Biden’s younger brother promoted his relationship with the president in an advertisement for a law firm published on Inauguration Day. Frank Biden, listed as a senior advisor for Berman Law Group, was featured in the firm’s ad in the Daily Business Review along with quotes describing his relationship with the new president and their family name. President Biden has promised to lead a highly ethical administration, which he has pitched as a contrast to his predecessor, and adopted strict rules form those serving in his administration, although they do not necessarily apply to family members. A White House official said a process is in place, involving the counsel’s office and representatives of the family, to address potential conflicts-of-interest as they arise.
House Adopts Fines for Lawmakers Who Don’t Comply with Metal Detectors
The Hill – Cristina Marcos | Published: 2/3/2021
The U.S. House adopted new rules that will enact fines against lawmakers who refuse to comply with the security screenings now required for entry into the chamber in the wake of the January 6 insurrection. Fines of $5,000 for the first offense and $10,000 for the second are now in effect. The metal detectors outside the House chamber were installed days after the attack on the Capitol, but several House Republicans defiantly pushed past Capitol Police officers and sergeant-at-arms staff into the chamber without going through the metal detectors. Lawmakers will not be able to use campaign money or congressional office budget funds to pay the fines.
House Democrats Revive Bill to Ban Colleagues from Carrying Guns on Capitol Grounds
MSN – Meagan Flynn (Washington Post) | Published: 1/28/2021
U.S. Rep. Jared Huffman filed the No Congressional Gun Loophole Act, seeking to nullify regulations that exempt members of Congress from a federal law banning guns on Capitol grounds. The move is likely to rankle Republicans who, in some cases, have refused to cooperate with security screenings put in place in the wake of the siege of January 6. Huffman has pushed to prohibit his colleagues from toting guns since 2018 but he says the overheated political environment and the behavior by some House Republicans in recent weeks “have really helped underscore” the need to refile the bill at this moment.
House Opens Investigation of Pandemic Ventilator Purchases Overseen by White House
MSN – Reed Albergotti and Aaron Gregg (Washington Post) | Published: 1/27/2021
A House subcommittee is investigating a government deal to buy $70 million worth of ventilators for the coronavirus pandemic response that a Washington Post investigation found were inadequate for treating most covid-19 patients. The Department of Health and Human Services and the Defense Logistics Agency purchased 11,200 AutoMedx SAVe II+ ventilators from Combat Medical Systems, which distributes the devices. Adrian Urias, AutoMedx’s co-founder and current shareholder, advised the Trump administration’s covid-19 task force on ventilator purchases. When the government posted the minimum specifications that ventilator manufacturers had to meet to sell devices for the pandemic response, those specifications were nearly identical to a spec sheet listed on AutoMedx’s website at the time.
Nonprofit Tied to Amalgamated Bank Looks to Capture Corporate Donors Through New Fund Following Capitol Hill Riot
CNBC – Brian Schwartz | Published: 2/2/2021
A nonprofit tied to Amalgamated Bank is launching a fund with the intent of capturing political donations from corporations that have stopped giving after the riot on Capitol Hill. The Amalgamated Charitable Foundation, a 501(c)(3) that calls itself nonpartisan, is moving ahead with the Democracy Reinvestment Fund. It will take in corporate donations and use that money to help finance other nonprofit organizations. Though officials did not say which corporations the fund is going to target, a group of companies decided to halt contributions to House and Senate lawmakers who, even after the deadly riot, challenged the electoral results confirming Joe Bide as president.
Rep. Lauren Boebert’s Mileage Reimbursement ‘Raises Red Flags,’ Ethics Experts Say
MSN – Jason Wingerter (Denver Post) | Published: 2/2/2021
U.S. Rep. Lauren Boebert paid herself more than $22,000 in mileage reimbursements from her campaign account last year. Her campaign defends the reimbursements but three ethics experts who reviewed the money transfers say they raise questions. To justify those reimbursements, Boebert would have had to drive 38,712 miles while campaigning, despite having no publicly advertised campaign events in March, April, or July, and only one in May. Because the reimbursements came in two payments – a modest $1,060 at the end of March and $21,200 on November 11 – Boebert would have had to drive 36,870 miles in just over seven months between April 1 and Nov. 11 to justify the second payment.
Secretive Ethics Panel Will Judge Hawley and Cruz
Politico – Burgess Everett | Published: 1/31/2021
Former President Trump’s impeachment trial will be conducted on the Senate floor, live on television. The investigation into Sens. Ted Cruz and Josh Hawley will take place behind closed doors by one of the most secretive committees in Congress. After multiple leading Democrats called for the two Republicans to resign, Cruz and Hawley’s challenge to President Biden’s Electoral College win is now tied up in the opaque Senate Ethics Committee. While Trump’s impeachment trial will conclude quickly, the probe into whether the two senators played a role in inciting the violent Capitol attack will unwind over an interminable timetable with little hint of where it is going.
Small Donors Ruled 2020; Will That Change Post-Trump?
Center for Responsive Politics – Krystal Hur | Published: 2/2/2021
Small donors played a pivotal role in financing both Democratic and Republican campaigns in the 2020 election. With Donald Trump in Florida and President Biden taking his place in the White House, it remains unclear whether small donations will continue to pour in for either party. As the GOP’s reign in Washington, D.C. comes to an end, so have its relationships with some corporate power players who have historically been influential supporters of the party. The role of “dark money” in future elections could be complicated if the For the People Act; a campaign finance reform bill, is passed.
Trump Supporter Charged in 2016 Twitter Scheme to Undermine Hillary Clinton
MSN – Shayna Jacobs (Washington Post) | Published: 1/27/2021
A far-right social media influencer was arrested and accused of interfering in the 2016 election through an organized campaign to boost Donald Trump’s candidacy by conning supporters of Hillary Clinton into voting through illegitimate means such as text message or online. Prosecutors allege Douglass Mackey used an alias, reportedly derived from actor Charlie Sheen’s character Ricky Vaughn in the 1989 film “Major League,” to circulate messages on Twitter that encouraged Clinton’s supporters to “Avoid the line. Vote from home,” according to charging documents. Nearly 5,000 people fell for the ploy, according to the Brooklyn U.S. attorney’s office, which announced the arrest.
Trump’s Actions Described as ‘a Betrayal of Historic Proportions’ in Trial Brief Filed by House Impeachment Managers
MSN – Amy Gardner, Karoun Demirjian, and Colby Itkowitz (Washington Post) | Published: 2/2/2021
House Democrats made their case to convict former President Trump of inciting the riot at the U.S. Capitol in an impeachment brief, accusing Trump of jeopardizing the foundations of American democracy by whipping his supporters into a “frenzy” for the sole purpose of retaining his hold on the presidency. Impeachment managers made an impassioned case that Trump was “singularly responsible” for the mayhem. They argued he is guilty of high crimes and misdemeanors because he used the powers of his office to advance his personal political interests at the expense of the nation. Trump’s defense attorneys filed a response to the article of impeachment, denying Trump incited the crowd at his rally to storm the Capitol and “engage in destructive behavior.” The brief also disputed that Trump’s claims of voter fraud were false.
Trump’s Legal Team Exited After He Insisted Impeachment Defense Focus on False Claims of Election Fraud
MSN – Josh Dawsey, Tom Hamburger, and Amy Gardner (Washington Post) | Published: 1/31/2021
The implosion of former President Trump’s legal team comes as Trump remains fixated on arguing at his second impeachment trial that the 2020 election was stolen from him, a defense that advisers warn is ill-conceived and Republican strategists fear will fuel the growing divide in the GOP. Karl Bowers Jr. and four other attorneys who recently signed on to represent the former president abruptly parted ways with him days before his Senate trial for his role in inciting the attack on the U.S. Capitol. Trump’s office announced two new lawyers were taking over his defense.
Trump-Tied Lobbyists’ Revenues Peaked in President’s Final Year
Center for Responsive Politics – Karl Evers-Hillstrom | Published: 1/28/2021
Lobbyists selling their connections to former President Trump capped off a lucrative four-year run with their best year in 2020. After raking in millions of dollars from high-profile clients, these Washington influencers are already losing clients under President Biden but could still benefit from Trump’s continued influence over the GOP. Wealthy interests attempted to get their message across to Trump through groups that supported his run for president. Consultants asked Trump’s popular Twitter allies to push their clients’ message to the president on his favorite app. Lobbyists pushed to plant stories in conservative outlets that would make it into Trump’s daily news packet or air ads on his favorite TV shows.
US Score Falls in Economist’s Annual Democracy Index
The Hill – Celine Castronuevo | Published: 2/3/2021
The overall state of democracy in the U.S. declined last year, according to an annual ranking by The Economist’s Intelligence Unit, which cited the continued erosion of trust in the country’s institutions. The U.S. retained its rank as the 25th most democratic nation, out of 167 countries analyzed, but remains in the “flawed democracy” category after being demoted from the “full democracy” group in 2016, the report said. The report measures five main categories –electoral process and pluralism; civil liberties; the functioning of government; political participation; and political culture –and assigns scores to each one.
From the States and Municipalities
Arizona – Voter Protection Act Blocking Bipartisan Bill
Arizona Capitol Times – Greta Forslund | Published: 1/29/2021
A bill introduced by Arizona Rep. Leo Biasiucci’s proposes that judges could order people to do community service, valued at $12 an hour, as payment for their tickets rather than money. Lawmakers like the idea because it is criminal justice reform that both helps those in need and serves the community. Opponents said the Voter Protection Act applies to the bill because it could cut funding to the voter-approved Clean Elections Commission. Biasiucci said while he recognizes the Clean Elections Commission is funded by traffic tickets, there are 17 or 18 other agencies also funded by those tickets, and he did not want to pick just one agency to be exempt from the bill.
California – San Diego Unified School District’s Federal Lobbying Efforts Come Under Scrutiny by Parent Group
La Jolla Light – Kristen Taketa (San Diego Union Tribune) | Published: 1/30/2021
A watchdog group criticized the San Diego Unified School District for spending tens of thousands of dollars, including some coronavirus relief money, on a federal lobbying firm. The school board hired The Raben Group with a contract worth up to $150,000 to advocate for more school stimulus funding, advance the district’s interests among federal lawmakers, and raise the district’s “profile as a leader,” according to the contract. It is not uncommon for school districts to lobby, said Dan Auble, researcher for the Center for Responsible Politics. He said he does not know if lobbying is an allowable use of CARES Act funding; generally, federal contractors are prohibited from spending their contract money on lobbying.
Florida – Proud Boys and Black Lives Matter Activists Clashed in a Florida Suburb. Only One Side Was Charged.
MSN – Tim Craig (Washington Post) | Published: 2/2/2021
When local Black Lives Matter activists started marching through the small town of New Port Richey, Florida, last summer – shouting slogans through bullhorns demanding racial justice – it took only a few days for the Proud Boys and other counter-protesters to show up and confront them. Groups of mostly White men encircled the demonstrators. They revved motorcycles while yelling threats, obscenities, and support for the police and President Trump, at times using their own bullhorns. Amid fears that the confrontations could lead to violence, police started enforcing the town’s rarely used noise ordinance, which essentially forbids disturbances louder than a close conversation between two people. But only the Black Lives Matter protesters were cited.
Illinois – Former Gubernatorial Candidate McCann Indicted on Campaign Finance Charges
State Journal-Register – Ben Szalinski | Published: 2/3/2021
Former Illinois Sen. Sam McCann was indicted on multiple charges alleging he misused campaign funds for personal expenses. The indictment alleges McCann used campaign money for things like vehicles, personal debts, mortgages, and pay for himself. After losing the November 2018 governor’s race, the charges state McCann continued to pay himself with funds from the Conservative Party for a total of about $187,000.
Illinois – Worth Township Trustee Pleads Guilty to Tax Charge Stemming from Ongoing Political Corruption Probe
Yahoo News – Jason Meisner (Chicago Tribune) | Published: 2/1/2021
A Worth Township trustee pleaded guilty to a federal tax charge and agreed to cooperate with prosecutors in their ongoing political corruption investigation in Illinois. Richard Lewandowski pleaded guilty to a criminal information charging him with one misdemeanor count of failing to file an income tax return in 2018. Lewandowski’s plea makes him the latest Democratic player to cooperate in a corruption investigation that has stretched from Chicago to Springfield. Lewandowski is a former state representative and ally of ex-House Speaker Michael Madigan who resigned as a supervisor last year amid the investigation involving red-light camera company SafeSpeed.
Indiana – As Indiana’s Legislature Considers Redistricting This Year, Experts Look Back on the Impact of Gerrymandering
Chicago Tribune – Alexandra Kukulka (Post Tribune) | Published: 1/28/2021
When states are given the opportunity to redraw district lines every 10 years following the census, it is common for the political party with the majority within the state to redraw districts in their favor, known as gerrymandering. Officials announced the Indiana Legislature will likely have to hold a special session over the summer because of a delay in the completion of data from the 2020 census. Julia Vaughn, policy director for Common Cause Indiana, said the organization was excited to hear that Indiana will review redistricting in a special session.
Iowa – Iowa Republicans Considering Giving Political Ideology the Same Protections as Race, Religion, Gender Identity and Sexual Orientation
MSN – Stephen Gruber-Miller (Des Moines Register) | Published: 1/27/2021
Political ideology would join race, religion, gender identity, and sexual orientation as a protected class in the Iowa Civil Rights Act if a Republican proposal in the state Legislature were to become law. The bill’s supporters claim protecting political ideology is necessary to push back against “cancel culture,” which they said has resulted in supporters of former President Trump and others being targeted.
Iowa – Iowa’s House Speaker Said He Can’t Make Lawmakers Wear Masks – But He Did Enforce a Ban on Jeans
MSN – Teo Armus (Washington Post) | Published: 2/4/2021
State Rep. Beth Wessel-Kroeschell protested the lack of a mask mandate by violating the dress code of the Iowa House floor, where face coverings are not required during the legislative session. She wore jeans to the floor, which goes against the new rules for this year. When Wessel-Kroeschell tried to speak during a floor debate, Speaker Pat Grassley said he would not recognize her. Grassley has previously said he cannot mandate lawmakers to wear face coverings on the House floor. “Not wearing a mask can kill people. … They’re putting all of us in danger. So, if they can enforce a denim dress code, they can also enforce a mask mandate,” Wessel-Kroeschell said.
Kansas – Michael O’Donnell Hit with $25,000 Fine After Admitting to Campaign Law Violations
MSN – Chance Swaim (Wichita Eagle) | Published: 1/27/2021
Former Sedgwick County Commissioner Michael ‘’Donnell was fined $25,000 after admitting to nine campaign finance violations. The Kansas Governmental Ethics Commission fined O’Donnell for violations that included using campaign money for personal use and fraudulent reporting. He was accused of funneling money to four friends, who he falsely claimed were campaign workers. O’Donnell’s fine is the second highest in the history of Kansas campaign finance laws. The violations are the latest round of legal proceedings tied to O’Donnell’s controversial political career.
Maryland – Lawmakers, Governor Push Reforms at Maryland Environmental Service After Director’s Payout
Baltimore Sun – Pamela Wood | Published: 1/27/2021
State lawmakers are considering a long list of changes to the Maryland Environmental Service (MES), a low-profile independent agency thrust into the spotlight after its director received a six-figure payout when he left to work for Gov. Larry Hogan. The bill would restrict future payouts, restructure the board, and add new requirements, such as ethics training. The MES came under scrutiny after it was reported the ex-director, Roy McGrath, had been paid more than $238,000 when he departed to become Hogan’s chief of staff. McGrath called it “severance” pay, though he voluntarily left the agency to join the governor’s team at the same salary.
Massachusetts – Boston City Council Votes to Bypass Special Election for Mayor
WBTS – Staff | Published: 2/3/2021
The Boston City Council approved a petition that would bypass the otherwise required special election if Mayor Marty Walsh resigns before March 5. Councilor Ricardo Arroyo filed the petition after President Joe Biden nominated Walsh as labor secretary. Arroyo said that given the COVID-19 crisis, it would be irresponsible for the city to potentially hold four elections – a special, the regularly scheduled November contest, and preliminary elections preceding each – in a five-month span. The change needs approval from the state Legislature, Walsh, and Gov. Charlie Baker to take effect.
Massachusetts – Mariano Plans Look at Unregistered Advocacy Coalitions, House Rules Changes
Springfield Patriot-Ledger – Katie Lannan (State House News Service) | Published: 1/28/2021
Promising meaningful short-term reforms paired with an exploration of unregistered advocacy coalitions, Massachusetts House Speaker Ronald Mariano plans to seek a review of rules that govern House operations during a six-month extension of pandemic-era emergency rules. The move, which comes as activists are lobbying for changes that they say would make it easier to track the progress of legislation and force recorded votes on priority bills, would put off what is usually one of the first matters of legislative business at the outset of a new session.
Missouri – State Rep. Tricia Derges Indicted by Grand Jury, Accused of Faking Stem Cell Treatments
MSN – Austin Huguelet (Springfield News-Leader) | Published: 2/2/2021
A federal grand jury indicted Missouri Rep. Patricia Derges on fraud charges after she falsely promoted a treatment she was selling at medical clinics as containing stem cells that could treat various diseases, including COVID-19. The indictment also accuses Derges of illegally providing prescription drugs to clients and making false statements to federal agents investigating the case. Derges is not a physician but is licensed as an assistant physician, according to the U.S. attorney’s office. She operates three Ozark Valley Medical Clinic sites.
New York – Manhattan District Attorney Considering Prosecuting Stephen Bannon Following His Pardon by Trump in Federal Fraud Case
MSN – Shayna Jacobs (Washington Post) | Published: 2/2/2021
The Manhattan district attorney’s office is weighing whether to bring a state court case against Stephen Bannon, who was indicted on federal fraud charges for his role in a fundraising scheme to build a border wall but received a last-minute pardon from then-President Trump. Bannon, one of the architects of Trump’s 2016 election victory and briefly a White House adviser, was among 143 people who received pardons from Trump in his last 24 hours in office. Bannon left the White House early in Trump’s term after he fell out with the president, who wavered until the last minute on issuing his former strategist a pardon.
North Dakota – Bill Seeks More Transparency in Political Advertisements
Dickinson Press – Dylan Sherman (North Dakota Newspaper Association) | Published: 2/1/2021
While candidate campaigns, PACs, and ballot measure sponsors disclose their donors over $200 in North Dakota, independent expenditures do not have as much transparency. House Bill 1451 would impost the same disclosure requirements for independent expenditures. Rep. Jason Dockter chairs the Political Subdivisions Committee, which will consider the bill. He said more transparency in political spending would be beneficial to all in North Dakota.
Ohio – Cincinnati City Hall Hopes New Ethics Panel Will Shore Up Public Trust After Council Arrests
WCPO – Mariel Carbone | Published: 1/27/2021
After three high-profile arrests involving city council members accused of cutting crooked deals with local property developers, Cincinnati Mayor John Cranley has appointed an ethics panel to reevaluate the city’s official interactions with developers. The members of the nine-seat panel include former lawyers, judges, business leaders, political leaders, a pastor, and a real-estate developer. The three council members were accused of soliciting money in exchange for tipping City Hall’s scales in certain local developers’ favor.
Ohio – Ex-Columbus City Hall Lobbyist, Franklin County Authority Member John Raphael Agrees to Bribery Plea
MSN – Bill Bush (Columbus Dispatch) | Published: 2/3/2021
John Raphael, a former Columbus City Hall lobbyist, again agreed to plead guilty to corruption charges for billing clients “success fees” that were really intended as bribes in return for securing public contracts. For the second time since 2016, Raphael is facing prison for his role in a bribery and kickback scheme he caried out as a member of the Franklin County Convention Facilities Authority, the entity that owns the Greater Columbus Convention Center. Raphael acknowledged that at the same time he was a member of the facilities authority, he was a paid consultant to a food services company whom he supplied with confidential information that helped it win a business contract with the authority to supply the convention center.
Ohio – P.G. Sittenfeld’s PAC at Center of Corruption Case: ‘Secret slush fund’ or legal account?
WCPO – Paula Christian | Published: 1/27/2021
The FBI arrested Cincinnati City Councilperson P.G. Sittenfeld in November and charged him with honest services wire fraud, bribery, and attempted extortion. Prosecutors call Sittenfeld’s PAC, where he deposited $40,000 from undercover FBI agents allegedly in exchange for his support on a development project, a slush fund. But experts say Sittenfeld’s case is different from two other council members charged in separate bribery cases, in part because he allegedly asked for contributions to his PAC, and not money for personal use. Experts also question whether prosecutors can prove he performed an official action to benefit the project that is tied to those donations.
Oregon – Oregon Lawmakers: Rep. Diego Hernandez created a hostile workplace
OPB – Lauren Drake | Published: 2/2/2021
Oregon lawmakers found Rep. Diego Hernandez created a hostile workplace at the state Capitol for at least one woman who worked in the building. His conduct violated legislative conduct rules, a committee decided. Lawmakers are holding a series of hearings into Hernandez’s alleged behavior. The inquiry delves into the allegations of five women, identified only as “subject one” through “subject five.” The investigators could not substantiate claims made by two women.
Tennessee – Tennessee Lawmaker in Email to State Officials: FBI took all campaign files in search
MSN – Jonathan Matisse (Associated Press) | Published: 1/27/2021
One of several Republican state lawmakers in Tennessee whose homes and legislative offices were searched by federal agents said the FBI confiscated all files and documents related to his campaign. Newly sworn-in Rep. Todd Warner provided the details to the Bureau of Ethics and Campaign Finance to explain why he could not complete his most recent campaign finance report on time.
Texas – Should Cities’ Funds Be Used to Pay Lobbyists? Texas Bill Bids to Put a Stop to It
Austin American-Statesman – Philip Jankowski | Published: 2/2/2021
Proposed legislation would make it illegal for cities, counties, and other local government entities in Texas to hire lobbyists. Efforts to ban taxpayer-funded lobbying emerged in part from the annoyance of lawmakers who saw cities and counties push back in 2019 against their work to pass a property tax cap law. State Rep. Mayes Middleton said his bill removes the middleman between local governments and legislators, and local lawmakers elected to represent their cities or counties should be speaking to state lawmakers directly, instead of spending taxpayer dollars on lobbyists.
Utah – What Do Special Interests Get for Providing $9 of Every $10 in Utah Legislators’ Campaigns?
MSN – Lee Davidson (Salt Lake Tribune) | Published: 1/28/2021
Utah is one of only 10 states with no campaign contribution limits. Utah also allows direct donations from corporations, which is banned in 22 states. With laws so friendly to interest groups, nearly a third of Utah legislators who raised money last year received nothing from voters in their districts, largely because they did not need their money. The situation perpetually raises questions about how much access and influence special interests may be buying on Utah’s Capitol Hill, and whether legislators are beholden to them. Lawmakers and political scientists generally say it does not buy votes, but likely does improve access for donors to make their case to policymakers.
Vermont – Peddle Power: In a remote democracy, lobbyists adapt to remain relevant
Seven Days – Kevin McCallum | Published: 2/2/2021
Unable to buttonhole senators in the halls or grab lunch with committee chairpersons in the cafeteria, lobbyists in Vermont found their working lives disrupted. Yet even as their stock-in-trade – access to lawmakers – has been curtailed, demand for their influence has remained as strong as ever. Decisions made in Montpelier, from executive lockdown orders to legislative spats over who should receive relief funds, have taken on existential import, raising the stakes for lobbyists and their clients.
Virginia – Legislator Censured After Praising Capitol Rioters Files Suit against Virginia Senate
MSN – Laura Vozzella (Washington Post) | Published: 2/1/2021
Virginia Sen. Amanda Chase, who was censured after she praised those who stormed the U.S. Capitol as “patriots,” filed a federal lawsuit contending the rebuke from her Senate colleagues violated her constitutional rights. The Senate censured Chase, a Trump-style populist seeking the GOP nomination for governor, for what it described as a pattern of “unacceptable conduct.” The censure resolution criticized Chase for praising the insurrectionists, but also detailed incidents stretching back several years, including a 2019 episode in which she cursed at a state Capitol police officer over a parking spot.
Washington – With 1 in 5 Lobbyists Coming from State Service, Washington State Lawmakers Hear Bill to Restrict Revolving Door
The Columbian – Joseph O’Sullivan (Seattle Times) | Published: 1/28/2021
As a handful of state lawmakers filed a bill to create a one-year waiting period for public officials to become lobbyists, a “revolving-door” example emerged from Washington Gov. Jay Inslee’s office. Charles Knutson, a senior policy adviser for the governor on economic development, innovation, and global affairs, left that position on December 22. By January 6, Knutson had registered as a lobbyist with Amazon. In Olympia, Knutson’s two-week journey from government staffer to private policy work is far from unusual. Officials often move from state positions to lobbying in weeks or months, sometimes within days. Nearly one in five of the state’s approximately 800 registered lobbyists worked previously in elected office or state government.
Washington DC – The Capitol Fence Meant D.C. Couldn’t Enact Laws. Vice President Harris’s Office Stepped In.
Washington Post – Julie Zauzmer | Published: 2/1/2021
The new security fencing around the U.S. Capitol led to an unusual scene – a District of Columbia employee and a staffer for Vice President Harris, meeting up in a hotel lobby to hand off boxes stuffed with legislative texts. It was the city government’s solution to an unusual problem: federal law requires the council to deliver, by hand, copies of each bill it passes to Congress. But after the breach of the Capitol by a mob trying to overturn former President Trump’s electoral defeat, strict new security measures were put in place. Staffers from the city government were not allowed through the seven-foot-tall fence to deliver bills.
West Virginia – Federal Judge Rules in Lobbyist Lawsuit Against State Education Officials
Weirton Daily Times – Steven Allen Adams | Published: 1/28/2021
A federal judge ruled, in part, that a former state superintendent of schools and Department of Education officials retaliated against a lobbyist for his critical social media posts. The judge granted a motion by lobbyist Jason Webb for two elements of one count he faces that accused former state superintendent of schools Steve Paine and Jan Barth, an assistant superintendent of schools at the Department of Education, of retaliation against Webb. The lobbyist accused Paine and Barth of using government power to intimidate him from exercising his free speech rights. Formerly under contract with college test-prep company ACT, Webb accused Paine and Barth of threatening ACT over Webb’s public comments, resulting in ACT dropping Webb as a lobbyist one month after Webb filed the lawsuit.
February 3, 2021 •
Wednesday’s LobbyComply News Roundup
Campaign Finance National: “Nonprofit Tied to Amalgamated Bank Looks to Capture Corporate Donors Through New Fund Following Capitol Hill Riot” by Brian Schwartz for CNBC North Dakota: “Bill Seeks More Transparency in Political Advertisements” by Dylan Sherman (North Dakota Newspaper […]
Campaign Finance
National: “Nonprofit Tied to Amalgamated Bank Looks to Capture Corporate Donors Through New Fund Following Capitol Hill Riot” by Brian Schwartz for CNBC
North Dakota: “Bill Seeks More Transparency in Political Advertisements” by Dylan Sherman (North Dakota Newspaper Association) for Dickinson Press
Ethics
National: “An Emboldened Extremist Wing Flexes Its Power in a Leaderless G.O.P.” by Annie Karni and Sam Baker for New York Times
National: “Trump’s Actions Described as ‘a Betrayal of Historic Proportions’ in Trial Brief Filed by House Impeachment Managers” by Amy Gardner, Karoun Demirjian, and Colby Itkowitz (Washington Post) for MSN
Illinois: “Worth Township Trustee Pleads Guilty to Tax Charge Stemming from Ongoing Political Corruption Probe” by Jason Meisner (Chicago Tribune) for Yahoo News
Legislative Issues
Virginia: “Legislator Censured After Praising Capitol Rioters Files Suit against Virginia Senate” by Laura Vozzella (Washington Post) for MSN
Washington DC: “The Capitol Fence Meant D.C. Couldn’t Enact Laws. Vice President Harris’s Office Stepped In.” by Julie Zauzmer for Washington Post
Lobbying
Texas: “Should Cities’ Funds Be Used to Pay Lobbyists? Texas Bill Bids to Put a Stop to It” by Philip Jankowski for Austin American-Statesman
Redistricting
Indiana: “As Indiana’s Legislature Considers Redistricting This Year, Experts Look Back on the Impact of Gerrymandering” by Alexandra Kukulka (Post Tribune) for Chicago Tribune
January 29, 2021 •
News You Can Use Digest – January 29, 2021
National/Federal Beau Biden Foundation to Deny Lobbyist Donations, Make Major Donors Public The Hill – Alex Gangitano | Published: 1/21/2021 The Beau Biden Foundation for the Protection of Children, which works to combat child abuse and was named after President Biden’s […]
National/Federal
Beau Biden Foundation to Deny Lobbyist Donations, Make Major Donors Public
The Hill – Alex Gangitano | Published: 1/21/2021
The Beau Biden Foundation for the Protection of Children, which works to combat child abuse and was named after President Biden’s late son, told donors it will make changes to increase transparency. The foundation said it will expand its ethical guidelines following Biden’s inauguration by not accepting donations from lobbyists and foreign agents and by making major donors public. It also said it will only accept gifts from U.S. citizens, lawfully admitted permanent residents, and American corporate entities and associations.
Biden Is Firing Some Top Trump Holdovers, but in Some Cases, His Hands May Be Tied
MSN – Lisa Rein and Ann Gearan (Washington Post) | Published: 1/24/2021
President Biden’s team moved quickly to dump several high-profile, Senate-confirmed Trump appointees whose terms extended beyond Inauguration Day, in some cases by several years. They include the surgeon general, the National Labor Relations Board’s powerful general counsel, and the heads of the Consumer Financial Protection Bureau and the U.S. Agency for Global Media. But other, lower-profile Trump loyalists, some of whom helped carry out his administration’s most controversial policies, are scattered throughout Biden’s government in permanent, senior positions. Identifying them, let alone dislodging them, could be difficult for the new leadership.
‘Dark Money’ Helped Pave Joe Biden’s Path to the White House
MSN – Bill Allison (Bloomberg) | Published: 1/23/2021
President Joe Biden benefited from a record-breaking amount of donations from anonymous donors to outside groups backing him, meaning the public will never have a full accounting of who helped him win the White House. Democrats have said they want to ban “dark money” as uniquely corrupting, since it allows supporters to quietly back a candidate without scrutiny. Yet in their effort to defeat Donald Trump in 2020, they embraced it. Campaign finance laws, in theory, are supposed to limit the influence big money has over politicians. But the system has loopholes, which groups backing Biden and other candidates, have exploited.
House Democrats Plan to Focus Impeachment Trial on How Rioters Reacted to Trump’s Remarks
MSN – Seung Min Kim, Tom Hamburger, Josh Dawsey, and Karoun Demirjian (Washington Post) | Published: 1/25/2021
The House formally delivered an article of impeachment charging former President Donald Trump with inciting the deadly insurrection at the Capitol, as Democrats prepared to use his own words as evidence against him in his Senate trial. While no final decisions on trial strategy have been made, House managers are concentrating on building their case around Trump personally, both what he said in the run-up to the January 6 attack and at a rally that day, and how his words were interpreted within the White House and outside of it, according to people familiar with the deliberations.
Inspector General Will Investigate Whether Any Justice Dept. Officials Improperly Sought to Help Trump Overturn the Election
MSN – Matt Zapotosky (Washington Post) | Published: 1/25/2021
The Justice Department’s inspector general announced its office is opening an investigation into whether any current or former department official tried to improperly “alter the outcome of the 2020 Presidential Election” – a broad review that comes on the heels of a revelation that then-President Trump considered replacing his acting attorney general with an official more amenable to his unfounded claims of voter fraud. Inspector General Michael Horowitz noted his jurisdiction would be limited to “allegations concerning the conduct of former and current DOJ employees,” and he could not examine other government officials.
Kroger Unknowingly Funneled Donations to a Militant Group. After the Capitol Riots, It’s Cutting It Off.
MSN – Teo Armus (Washington Post) | Published: 1/21/2021
When Kroger launched its community rewards program more than seven years ago, the supermarket chain pitched the initiative as a way that shoppers could support charities of their choosing. But one of the nonprofit groups being funded through the program was the Indiana Oath Keepers, the local branch of a self-styled militia group whose members now are accused of planning to storm the U.S. Capitol days in advance. After court documents disclosed disturbing new allegations about the extremist group, including plans to make “citizens’ arrests” of elected officials, Kroger pulled the Indiana Oath Keepers from its rewards initiative.
Millions Earmarked for Public Health Emergencies Were Used to Pay for Unrelated Projects, Says Inspector General
MSN – Dan Diamond and Lisa Rein (Washington Post) | Published: 1/27/2021
Federal officials repeatedly raided a fund earmarked for biomedical research in the years leading up to the covid-19 pandemic, spending millions of dollars to pay for unrelated salaries, administrative expenses, and even the cost of removing office furniture, according to an investigation conducted by the Health and Human Services Department’s inspector general. It centered on hundreds of millions of dollars intended for the development of vaccines, drugs, and therapies by the Biomedical Advanced Research and Development Authority (BARDA), an arm of the federal health department. The inspector general substantiated some of the whistleblower’s claims, finding staff referred to the agency as the “bank of BARDA.”
One of Trump’s Final Acts Will Allow Former Aides to Profit from Foreign Ties
Politico – Theodoric Meyer | Published: 1/24/2021
In the final hours of his presidency, Donald Trump revoked the ethics pledge he signed four years earlier, which barred those who had served in his administration from lobbying for foreign governments and political parties for the rest of their lives. With those restrictions gone, former Trump administration officials will be free to represent foreign powers, exactly the kind of behavior Trump had promised to eradicate. The Foreign Agents Registration Act requires those who lobby for foreign governments and political parties, along with some other foreign interests, to disclose their work. Several prominent Trump allies failed to do so, ensnaring them in special counsel Robert Mueller’s investigation and other probes.
Rep. Marjorie Taylor Greene’s Endorsement of Conspiracy Theories, Violence Sparks Calls for Her Resignation – Again
MSN – Reis Thebault (Washington Post) | Published: 1/27/2021
Marjorie Taylor Greene openly supported and spread conspiracy theories for years, yet her northwest Georgia district elected her to Congress by a wide margin. Now, in office for a little a few weeks, she is facing a second round of calls for her resignation after a string of reports revealed her repeated endorsements of political violence and extremism. The latest revelations include videos in which Greene repeats bogus claims by suggesting the mass shootings in Las Vegas and Parkland, Florida, were staged; a Facebook post that expresses support for a dangerous conspiracy theory about child abuse; and a pattern of online activity approving of the execution of Democratic leaders and federal agents.
Shell Companies and ‘Dark Money’ May Hide Details of Trump Ties to DC Protests
Center for Resposive Politics – Anna Massoglia | Published: 1/22/2021
Former President Trump’s presidential campaign aides played key roles orchestrating a rally protesting certification of Joe Biden’s victory in the 2020 presidential election before hundreds of rioters breached the U.S. Capitol on January 6. But the full extent of the Trump campaign’s ties to the protests may not be fully known due to its use of shell companies that hide details of its financial dealings and the central role “dark money” played in the protests. Multiple individuals listed on the permit granted by the National Park Service worked for Trump’s presidential campaign. That raises new questions about the Trump campaign’s lack of spending transparency and the unknown extent of the event’s ties to Trump aides.
State Republicans Push New Voting Restrictions after Trump’s Loss
Politico – Zach Montellaro | Published: 1/25/2021
Republican legislators across the country are preparing a slew of new voting restrictions in the wake of former President Trump’s defeat. Republicans in deep-red states and battlegrounds alike are citing Trump’s meritless claims of voter fraud in 2020, and the declining trust in election integrity Trump helped drive, as an excuse to tighten access to the polls. Some GOP officials have been blunt about their motivations: they do not believe they can win unless the rules change.
Supreme Court Ends Lawsuits Alleging That Trump Illegally Profited from Business Interests
MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 1/25/2021
The U.S. Supreme Court put an end to lawsuits alleging former President Trump violated a constitutional anti-corruption prohibition by profiting from his business empire while president. The justices declined to hear Trump’s request to consider lower court orders that said lawsuits could go forward, agreeing with those on both sides of the issue that the cases became moot with Trump no longer in office. The justices also vacated the lower court judgments in the cases/ It means there is no definitive answer after years of legal wrangling over the Constitution’s emoluments clauses, which prohibit presidents and others from accepting gifts or payments from foreign governments without congressional approval.
The Road to Clemency from Trump Was Closed to Most Who Sought It
New York Times – Kenneth Vogel | Published: 1/26/2021
Of the nearly 240 pardons and commutations issued by former President Trump, only 25 came through the rigorous process for identifying and vetting worthy clemency petitions overseen by the Justice Department. The others came through an ad hoc White House process that favored applications benefiting or pushed by Trump’s allies, friends, and family. In addition to rewarding people whose allies could afford to buy access to the highest levels of the administration, the results included pardons for people with direct personal relationships with the former president. The Justice Department recommended against clemency for some of the people on Trump’s list.
The ‘Rug Has Been Pulled Out’: Campaigns flop amid Facebook, Google ad bans
Politico – Elena Schneider | Published: 1/27/2021
Facebook and Google’s on-again, off-again bans on political ads are hitting campaigns during a crucial fundraising window, cutting off a key pipeline to potential supporters and disrupting early planning for the next round of elections, from state and local races this year to looming midterm elections in 2022. The self-imposed bans have essentially pressed pause on a political industry that spent $3.2 billion advertising on Google and Facebook in the last two-and-a-half years. Some digital political firms are freezing hiring due to the uncertainty surrounding their biggest ad platforms. The bans have also interfered with organizing and early fundraising efforts piggybacking off a new administration and the start of a new election cycle.
From the States and Municipalities
Alaska – Alaska Official Who Defended Nazi License Plates Is Removed from State Discrimination Board
MSN – Teo Armus (Washington Post) | Published: 1/27/2021
After photos emerged on social media of a truck in Alaska bearing the vanity license plate “3REICH,” many lawmakers were quick to condemn the phrase, a reference to Nazi Germany. But not Jamie Allard. The Anchorage Assembly member, who also sits on a state commission that investigates discrimination complaints insisted the personalized message on the plate was a benign translation from German of the word “realm.” Gov. Mike Dunleavy removed her from the state’s human rights commission.
Arizona – Ethics Complaint Filed Against Arizona Lawmaker Over Treatment of Staffer Highlights Lack of Code of Conduct
MSN – Andrew Oxord (Arizona Republic) | Published: 1/25/2021
An ethics complaint made against a newly-elected state senator less than three weeks into Arizona’s legislative session has renewed scrutiny of the Capitol’s code of conduct – or, rather, its lack of one. A former assistant to Sen. Wendy Rogers claimed he was forced to resign under duress the day he returned from quarantining due to a positive COVID-19 test. The assistant said Rogers asked him to work every day he was on paid leave and when he returned, a conversation with his boss lead to her cursing at him and yelling in his face. The complaint depicts Rogers as a nightmare of a boss and as potentially violating various laws.
Arkansas – Sarah Sanders Announces Run for Arkansas Governor
MSN – Andrea Salcedo (Washington Post) | Published: 1/25/2021
When then-President Trump announced Sarah Sanders would be departing her job as White House press secretary in June 2019, he urged her to run for governor of Arkansas. “She would be fantastic,” Trump tweeted at the time. Now, less than a week after Trump himself left the White House under the cloud of a second impeachment, Sanders said she is following his suggestion. Sanders, who endeared herself to Trump’s base while combatively, and sometimes misleadingly, sparring with the press, is seen by many as an early favorite in the race to lead a heavily GOP state where Trump’s role in the U.S. Capitol riot may not hurt her appeal.
California – As L.A. City Hall Corruption Probe Endures, Ethics-Reform Bids Launched – but Will Any Take Hold?
Los Angeles Daily News – Elizabeth Chou | Published: 1/22/2021
The FBI probe into “pay-to-play” corruption at Los Angeles City Hall that has spilled into the open over the past two years has sparked some changes to ethics rules, especially around political contributions by developers. It forced the removal of former Councilperson Jose Huizar. who pleaded not guilty to charges of racketeering and bribery in a scheme often involving developers. The probe has also led to cases against high-ranking staffers, lobbyists, and others. In recent years, a handful of moves were made to rebuild trust in city officials, but the path has been rocky and long.
California – Englander Sentenced to 14 Months in Prison in L.A. City Hall Corruption Case
MSN – Michael Finnegan and David Zahniser (Los Angeles Times) | Published: 1/25/2021
Former Los Angeles City Councilperson Mitchell Englander was sentenced to 14 months in federal prison and a $15,000 fine following a years-long FBI investigation focused on suspected “pay-to-play” schemes in City Hall. He lied to federal authorities about secret cash payments and a debauched night in Las Vegas provided by a businessperson seeking introductions to developers. Englander is the first person to be sentenced in the probe. He pleaded guilty to falsifying material facts, a felony. The sentencing concluded a precipitous fall for a politician who, less than three years ago, held the council’s second-ranking leadership post and served on its most powerful committees.
Connecticut – Barred from Capitol Due to Pandemic, CT Lobbyists Face Hurdles During Critical Legislative Session
KCTV – Matt Pilon (Hartford Business Journal) | Published: 1/25/2021
Lobbyists are known for their ability to work a room, but those recently interviewed by Hartford Business Journal said the pandemic has thrown that element out the window. With the public barred from entering the Capitol for at least the next few months, if not the entire 2021 regular legislative session that runs until early June, lobbyists in the state’s $90 million industry will be forced to rely on phone calls, emails, texts, and videoconferences to connect with lawmakers and staff.
Connecticut – Joe Aresimowicz Is Latest House Speaker to Go Through ‘Revolving Door’ Into Lobbying – As 6 of 7 Speakers Since 1989 Have Done
Hartford Courant – Jon Lender | Published: 1/23/2021
A “revolving-door” statute bars former Connecticut House Speaker Joe Aresimowicz for one year from lobbying his longtime legislative colleagues at the state government level, so he has not registered with the Office of State Ethics as a lobbyist for 2021. But Aresimowicz will spend that year “focus[ed] on business development and municipal and federal issues on behalf of the firm’s clients and will supplement the services we provide to them,” according to an announcement by the government-relations firm that hired him, Gaffney Bennett and Associates. Five of the six people who preceded Aresimowicz as speaker, dating to 1989, later became Connecticut lobbyists for at least some period.
Florida – State Auditors Flag Land Purchase Between City and Former Mayor Kathy Meehan’s Relatives
MSN – Rick Neale | Published: 1/21/2021
State auditors flagged a land deal in which the city of Melbourne paid $27,000 above appraised value to buy a parcel owned by then-Mayor Kathy Meehan’s relatives and the land turned out to be contaminated with arsenic. The city bought the land for $315,000 from MEE3 LLC, a corporation managed by Meehan’s husband, Dennis, and his brothers, Ronald and Kenneth Meehan. The city obtained an appraisal valuing the land at $288,000. But City Hall staff determined the property was worth the additional $27,000. The state Joint Legislative Auditing Committee challenged that assertion.
Georgia – A Georgia GOP Lawmaker Refused Coronavirus Tests. He Was Kicked Off the Floor for ‘Jeopardizing the Health’ of Colleagues.
MSN – Jaclyn Peiser (Washington Post) | Published: 1/27/2021
As the Georgia House convened recently, Speaker David Ralston called for an unnamed lawmaker who had repeatedly refused to be tested for the coronavirus to discreetly remove himself from the room. But no one left the chamber. Ralston then called on a state trooper to escort out Rep. David Clark for violating the twice-a-week testing policy and for “jeopardizing the health of our members in this chamber.” It was reported that during the first week of the Legislature’s session, nine senators, staff, aides, and interns tested positive for the virus.
Illinois – Madigan No Longer ‘Mr. Speaker,’ but He’s Still ‘ublic Official A’
St. Louis Post-Dispatch – Jason Meisner and Ray Long (Chicago Tribune) | Published: 1/22/2021
After four decades at the helm of Illinois politics, Rep. Michael Madigan may no longer be “Mr. Speaker,” but he still retains a decidedly more ignominious title – “Public Official A.” Madigan, whose record run as House speaker ended recently, remains the unnamed politician at the center of an ongoing federal corruption probe that so far has led to bribery charges against one of his closest confidants and several others tied to Commonwealth Edison. Madigan has not been charged and denied any wrongdoing. But now that he has lost the speaker’s gavel, there has been talk of what it might mean for the U.S. attorney’s office and its still-active investigation.
Kansas – Wichita City Council Ethics Meeting Ends in Charges, Countercharges and Thrown Papers
MSN – Chance Swaim and Dion Lefler (Wichita Eagle) | Published: 1/26/2021
A Wichita City Council meeting to shape a new ethics policy ended poorly after members of the council left the bench and the mayor tossed a printout of social media screenshots at a council member over a plexiglass COVID barrier. After nearly four hours of heated debate about whether the policy should include provisions related to campaign finance, and whether unethical behavior is prevalent enough to warrant a new policy, the workshop ended without a formal vote to close the meeting.
Massachusetts – Boston City Council Considers Proposal to Suspend Special Election
WBUR – Anthony Brooks | Published: 1/26/2021
Boston City Council members heard a range of arguments, mostly in favor, of a home rule petition to suspend a special mayoral election this summer. The hearing was prompted by the pending resignation of Mayor Marty Walsh, who has been nominated by President Joe Biden to serve as Secretary of Labor. If confirmed, Walsh’s departure would shake up City Hall politics and prompt a compressed race to succeed him. If Walsh leaves his post before March 5, the city charter requires both a special election for mayor and a regularly scheduled November election. That could mean as many as four elections this year – a general and run-off election for both – and possibly four different mayors in a 12-month period.
Michigan – Corrupt UAW Boss Wore Wire While Playing Golf with Union Brothers
Detroit News – Robert Snell | Published: 1/20/2021
Prosecutors said a United Auto Workers (UAW) official caught in a years-long corruption scandal deserves probation because he helped prosecutors convict two former presidents and secure federal oversight of the belabored union. Edward “Nick” Robinson’s help in exposing corruption within the UAW’s top ranks included risking his safety by wearing secret recording devices during union junkets and while golfing with corrupt colleagues, according to a sentencing memo. Robinson is portrayed in court filings as a pivotal figure in an investigation that has led to the convictions of 15 people. The probe revealed labor leaders and auto executives broke federal labor laws, stole union funds, and received bribes and illegal benefits.
Minnesota – Donations from University Regents to Lobbying Group Under Increasing Scrutiny
KSTP – Joseph Augustine and Jay Kolis | Published: 1/26/2021
Several members of the University of Minnesota’s Board of Regents are facing growing criticism for donating to a PAC that is acting as an independent lobbyist for the university. Maroon and Gold Rising is an unaffiliated non-profit group created last year primarily by alumni and former regents who say its mission is to support the university’s requests for funding. But it also operates a PAC that shares the same name, website and some of the same members. Professor Richard Painter, a well-known expert in legal ethics at the university, says the regents have created potential conflicts-of-interest by donating to outside political groups.
Mississippi – Charter Schools Receive Taxpayer Dollars. Should Their Board Members Follow State Ethics Laws?
Mississippi Today – Kate Royals | Published: 1/20/2021
The Mississippi Ethics Commission says charter school board members are subject to state ethics laws, which prohibit conflicts-of-interest that could lead to the misspending of public dollars. But several operators and advocates of charter schools, which receive taxpayer funding, say they should be exempt from those laws. The conflict was brought to light by Ethics Commission opinions filed in 2020 after two charter schools were discovered to be spending their public funding with board members’ employers. The revelations highlight long-standing tension between charter school and traditional public-school advocates, who say charter schools need to be held to the same standards as other public governing bodies.
Mississippi – Gov. Reeves’ Inaugural Nonprofit Raised $1.6M from Unknown Donors, Paid Family Member’s Company
Northeast Mississippi Daily Journal – Luke Ramseth | Published: 1/21/2021
Unlike many other states and the federal government, Mississippi has no rules around how politicians raise, spend, and disclose inaugural money. That means elected officeholders in Mississippi can use these inaugural nonprofits to raise large amounts of money outside the boundaries of campaign finance laws that typically regulate other types of political fundraising. A nonprofit set up to fund Gov. Tate Reeves’ inauguration last year paid nearly $150,000 to a business owned by the governor’s brother and sister-in-law, documents show.
Missouri – Missouri Employee Pension Says Firm Had Lobbyist, Lawmaker Apply Pressure on Lawsuit
St. Louis Post-Dispatch – Steve Vockrodt (Kansas City Star) | Published: 1/27/2021
A Canadian private equity firm accused in a lawsuit of mishandling investments by Missouri’s largest public pension hired a lobbyist to influence key legislators and put pressure on the pension outside of court proceedings, a top pension official claimed. Catalyst Capital Group hired lobbyist Richard McIntosh after the Missouri State Employees’ Retirement System sued the firm. Ronda Stegmann, the system’s executive director, testified in a court hearing that McIntosh then tried to set up a meeting with Stegmann, two legislators, and Catalyst executives. Companies routinely hire lobbyists to influence legislation and policies. Less common is the involvement of a lobbyist around ongoing litigation.
Nebraska – Often Heated Redistricting Process Expected to Add State Senators in Nebraska’s Metro Areas
Omaha World-Herald – Paul Hammel | Published: 1/25/2021
Nebraska lawmakers are beginning the politically and sometimes emotionally charged job of redrawing congressional and legislative districts, as well as voting districts for other state offices. But one of the main questions facing those who will work on redistricting is whether it will happen at all during the Legislature’s regular 90-day session, which is scheduled to end in early June. Delays in the completion of the census have made it doubtful that final population figures needed for redistricting will arrive by the traditional time in early April.
Nevada – Legislative Building Will Be Closed to Public at Start of Session, Is Expected to Open More After Vaccinations
Nevada Independent – Michelle Rindell | Published: 1/21/2021
Nevada’s 2021 legislative session will start off closed to all but lawmakers, essential staff, and some members of the media, with all others participating virtually, according to a logistics plan issued by the Legislative Counsel Bureau. Legislators will meet with constituents and lobbyists through Microsoft Teams. To account for the fact that more lobbying will take place virtually, the plan also calls for updating state law that requires only lobbyists who appear in person in the building to register and be regulated.
New Jersey – Hoboken City Council Tightens Pay-to-Play Laws Before Mayoral Election
Hudson Reporter – Marilyn Bear | Published: 1/22/2021
The Hoboken City Council introduced an ordinance that aims to tighten the city’s “pay-to-play” laws. According to current law, PACs and unions are limited to $500 donations for individual candidates as opposed to the $2,600 allowable by state law. Hoboken restricts contributions from developers, vendors, and professionals seeking city contracts. If approved, the reform measure would not allow vendors who received emergency contracts to contribute to any PACs or independent expenditure groups for 12 months before entering into a contract with the city. It restricts any vendor from donating within 12 months beyond the termination of their contract.
New Mexico – Lobbyists Adjust to New Reality of Virtual Session
New Mexico Political Report – Daniel Chacón (Santa Fe New Mexican) | Published: 1/25/2021
Robert Duran is learning to adapt to a virtual environment amid a pandemic that prompted state officials to move most lawmaking over to the Internet and keep the building closed to the public and others, including lobbyists like Duran who are a mainstay when the Legislature meets in Santa Fe. Duran and other lobbyists said this year’s legislative session, which began with masked lawmakers separated by Plexiglas partitions between their desks, is a big adjustment for people in an industry whose bread and butter is face-to-face interaction.
New Mexico – Secretary of State to Pursue Fines, Enforcement in Cowboys for Trump Case
MSN – Nicole Maxwell (Alamogordo News) | Published: 1/21/2021
New Mexico Secretary of State Maggie Toulouse Oliver announced she intends to pursue arbitration order enforcement against the Cowboys for Trump political advocacy organization. The move comes after a federal court dismissed a case filed by Cowboys for Trump and its founder, Otero County Commissioner Couy Griffin, against Toulouse Oliver’s office. The case was about whether Cowboys for Trump should be classified as a PAC and if fines the group allegedly accrued were truly owed.
New York – Supreme Court Won’t Hear Appeal from Sheldon Silver, Former N.Y. Lawmaker
New York Times – Adam Liptak | Published: 1/25/2021
The U.S. Supreme Court let stand the conviction of Sheldon Silver, the once-powerful state Assembly speaker in New York who went to prison last year on federal corruption charges. The court has in recent years been skeptical of broad interpretations of public corruption laws, saying they are not all-purpose devices to ensure good government. Silver’s lawyers told the justices that prosecutors had overreached in his case by securing his conviction of accepting bribes in a real estate scheme without proving those who made the payments had intended to influence particular official actions.
North Dakota – Legislative Lobbyists Navigate Through New Restrictions
Grand Forks Herald – Dylan Sherman (North Dakota Newspaper Association) | Published: 1/25/2021
Lobbyists, like lawmakers and everyone else in the North Dakota Capitol, have to follow coronavirus guidelines, such as wearing a mask and limiting personal contact, and abide by new ethics guidelines banning gifts. The political process is based on relationships and policy, lobbyist Levi Andrist said. Now, as most people cannot look each other in the eye or shake hands, it makes it more difficult to discuss public policy. Andrist said there have been some positives to the new layout, with online participation being one of them.
Ohio – Portman’s Exit Signals Uncertainty for Senate GOP
Politico – Burgess Everett and James Arkin | Published: 1/26/2021
Ohio Republican Rob Portman will not seek a third U.S. Senate term in 2022, a blow to both Republicans’ hopes of taking back the Senate and the chamber’s dwindling number of centrists/ Portman is one of the most effective legislators in the Senate, using his relationships gleaned from a long career in Washington to find compromise. But he cited legislative paralysis in the chamber as a major factor in his decision to retire at the end of next year. Portman joins GOP Sens. Pat Toomey and Richard Burr in retirement next year in key swing states. Democrats currently hold a narrow majority in an evenly split Senate.
Oregon – Investigation: Oregon state lawmaker likely created a hostile workplace at state Capitol
OPB – Lauren Drake | Published: 1/25/2021
An investigation into the behavior of Oregon Rep. Diego Hernandez found he likely created a hostile work environment at the Capitol for two women, according to an internal investigation into the representative’s behavior. Both women had brief, consensual romantic relationships with Hernandez. Both women, according to the investigation, tried to end those relationships. But they felt Hernandez’s behaviors forced them into making a difficult choice: they could either resume a relationship with him or risk jeopardizing their careers. The investigation delves into the allegations of five women. All the women included in the report either work in the Capitol or have conducted business with the Legislature in their professional capacity.
Pennsylvania – An Appeals Court Upheld a Campaign Finance Conviction for Bob Brady’s Onetime Political Guru
Philadelphia Inquirer – Jeremy Roebuck | Published: 1/26/2021
A federal appeals court upheld the conviction of former U.S. Rep. Bob Brady’s top political strategist, Ken Smukler, who was sentenced to 18 months in prison in 2019 for repeated violations of campaign finance law. A three-judge panel for the U.S. Court of Appeals for the Third Circuit found Smukler coordinated what amounted to illegal campaign contributions to give clients, including Brady, an edge in two congressional races in 2012 and 2014. But the judges vacated his conviction on two of the seven counts of which he was found guilty, ruling the trial judge had failed to properly instruct the jury on the level of proof required to show Smukler had known about the laws he was violating when he broke them.
Virginia – Virginia Senator Who Called U.S. Capitol Rioters ‘Patriots’ Is Censured
MSN – Gregory Schneider (Washington Post) | Published: 1/27/2021
The Virginia Senate voted to censure state Sen. Amanda Chase over a long pattern of behavior that includes referring to the insurrectionists who attacked the U.S. Capitol on January 6 as “patriots” and making insulting comments toward the Virginia Capitol Police and the clerk of the Senate. Chase spoke to the crowd of Donald Trump supporters in Washington, D.C. on the day of the riot but left before they went to the Capitol and crashed through security lines.
January 27, 2021 •
Wednesday’s LobbyComply News Roundup
Elections National: “State Republicans Push New Voting Restrictions after Trump’s Loss” by Zach Montellaro for Politico Arkansas: “Sarah Sanders Announces Run for Arkansas Governor” by Andrea Salcedo (Washington Post) for MSN Ethics National: “Biden Is Firing Some Top Trump Holdovers, […]
Elections
National: “State Republicans Push New Voting Restrictions after Trump’s Loss” by Zach Montellaro for Politico
Arkansas: “Sarah Sanders Announces Run for Arkansas Governor” by Andrea Salcedo (Washington Post) for MSN
Ethics
National: “Biden Is Firing Some Top Trump Holdovers, but in Some Cases, His Hands May Be Tied” by Lisa Rein and Ann Gearan (Washington Post) for MSN
Arizona: “Ethics Complaint Filed Against Arizona Lawmaker Over Treatment of Staffer Highlights Lack of Code of Conduct” by Andrew Oxord (Arizona Republic) for MSN
California: “Englander Sentenced to 14 Months in Prison in L.A. City Hall Corruption Case” by Michael Finnegan and David Zahniser (Los Angeles Times) for MSN
New York: “Supreme Court Won’t Hear Appeal from Sheldon Silver, Former N.Y. Lawmaker” by Adam Liptak for New York Times
Lobbying
National: “One of Trump’s Final Acts Will Allow Former Aides to Profit from Foreign Ties” by Theodoric Meyer for Politico
North Dakota: “Legislative Lobbyists Navigate Through New Restrictions” by Dylan Sherman (North Dakota Newspaper Association) for Grand Forks Herald
Redistricting
Nebraska: “Often Heated Redistricting Process Expected to Add State Senators in Nebraska’s Metro Areas” by Paul Hammel for Omaha World-Herald
January 8, 2021 •
News You Can Use Digest – January 8, 2021
National/Federal Aides Weigh Resignations, Removal Options as Trump Rages Against Perceived Betrayals MSN – Philip Rucker, Josh Dawsey, Shane Harris, and Ashley Parker (Washington Post) | Published: 1/7/2021 President Trump was ensconced in the White House residence, raging about perceived betrayals, […]
National/Federal
Aides Weigh Resignations, Removal Options as Trump Rages Against Perceived Betrayals
MSN – Philip Rucker, Josh Dawsey, Shane Harris, and Ashley Parker (Washington Post) | Published: 1/7/2021
President Trump was ensconced in the White House residence, raging about perceived betrayals, as an array of top aides weighed resigning and some senior administration officials began conversations about invoking the 25th Amendment – an extraordinary measure that would remove the president before Trump’s term expires on January 20. An unease coursed through the administration over the president’s refusal to accept his election loss and his role in inciting a mob to storm the Capitol, disrupting the peaceful transfer of power to President-elect Joe Biden. One administration official described Trump’s behavior as that of “a total monster,” while another said the situation was “insane” and “beyond the pale.”
Appeals Court Backs Subpoena-Like Power for Minority in House
Politico – Josh Gerstein and Kyle Cheney | Published: 12/29/2020
A divided federal appeals court upheld the power of legislators in the House minority to demand records from the executive branch. Acting in a dispute over records related to President Trump’s Trump International Hotel, the District of Columbia Circuit Court of Appeals ruled lawmakers can resort to the courts to enforce an obscure statute known as the seven-member rule. The Trump administration argued the lawmakers lacked standing to turn to the courts to force disclosure of the records, but the majority on the panel disagreed.
Congress Affirms Biden’s Presidential Win Following Riot at U.S. Capitol
MSN – Rosalind Helderman, Karoun Demirjian, Seung Min Kim, and Mike DeBonis (Washington Post) | Published: 1/7/2021
Members of Congress, shaken and angry following a violent assault on the U.S. Capitol by a mob of President Trump’s supporters, put a final stamp on President-elect Joe Biden’s victory and brought an end to a historically turbulent post-election period. Republicans had at one point planned to object to the electoral college votes in a series of states won by Biden, but after the storming of the Capitol, several GOP senators changed course, disputing only Arizona and Pennsylvania. Both challenges failed. In the final moments of the joint session, Senate Chaplain Barry Black said a prayer lamenting “the desecration of the United States Capitol building, the shedding of innocent blood, the loss of life and the quagmire of dysfunction that threaten our democracy.”
‘Covid Can Kill’: Lawmakers issue fresh warnings about virus after death of Rep.-elect Luke Letlow
MSN – David Nakamura and Fenit Nirappil (Washington Post) | Published: 12/30/2020
U.S. Rep.-elect Luke Letlow’s death from COVID-19 has been met with shock and grief from fellow lawmakers, offering another stark example of the lethality of a pandemic. Letlow died just days before he was to be sworn after winning a runoff vote for Louisiana’s Fifth Congressional District. Doctors said he had no apparent underlying health conditions that contributed to his death. At a candidate forum in October, Letlow urged the state to ease pandemic restrictions, saying, “We’re now at a place if we do not open our economy, we’re in real danger.” In a fall interview, Letlow commended President Trump’s handling of the pandemic and expressed skepticism about mask mandates.
House Approves Rules Package for New Congress
The Hill – Juliegrace Brufke and Cristina Marcos | Published: 1/4/2021
The House adopted a new set of rules for the 117th Congress with provisions to extend remote voting during the pandemic, protect whistleblowers, and limit the minority’s ability to amend legislation on the floor. Democrats also sought to prioritize diversity efforts in the rules package. One provision orders the use of gender-neutral language in the House rules, including pronouns and references to familial relationships like father, son, mother, or daughter.
In Viral Ad, New Member of Congress Appears to Walk Capitol Hill Streets with a Glock
MSN – Meagan Flynn (Washington Post) | Published: 1/4/2021
One of the newest members of Congress, Rep. Lauren Boebert, kicked off the session with a viral digital ad proclaiming her right to carry firearms on the grounds of the U.S. Capitol and in the streets of Washington, D.C. Boebert, owner of a gun-themed restaurant in Rifle, Colorado, released the video amid efforts by some Democrats to ban members from carrying guns on the Capitol grounds, which they have been allowed to do since 1967. The ad appears to show Boebert walking near federal buildings and in alleys on Capitol Hill, citing rising violent crime as the reason she wants to carry a weapon.
‘Is This Really Happening?’: The siege of Congress, seen from the inside
Politico – Staff | Published: 1/7/2021
It was an unusual session of Congress to start with, a piece of fractious political theater around the normally ceremonial moment when America finally ratifies its choice of president. Then came the shouts in the hallways. And broken glass, and panicky texts, and confusion, and an abrupt halt to the basic working of the government. When the waves of pro-President Trump rioters overwhelmed Capitol police and surged through the building’s lobbies and stairways, they trapped journalists and nearly all members of the U.S. Congress. Five of the journalists in the building were congressional reporters for Politico. They gave their account of when the threat to American democracy came from inside the building.
Lobbyist Brother of Biden Advisor Has Reputation for Deep Connections and Looking to Avoid Possible Conflicts
CNBC – Brian Schwartz | Published: 12/31/2020
The lobbyist brother of one of President-elect Joe Biden’s top advisors has cultivated a reputation for his deep connections in Washington, D.C. and for his decades of delivering results for corporate clients. Some past associates and clients of Jeff Ricchetti also say he has rejected requests to lobby his brother, longtime Biden aide and incoming White House counselor Steve Ricchetti. In 2020, Jeff Ricchetti had his biggest batch of clients since 2014, according to the Center for Responsive Politics. The surge in clients came as Biden won the Democratic primary and eventually defeated President Trump in the general election.
Lobbyists with Ties to House GOP See Fortunes Rising
MSN – Kate Ackley (Roll Call) | Published: 1/4/2021
Before the elections, lobbyists with ties to House Republicans had to wonder how much influence they would have in the 117th Congress. They are not worrying anymore. While Democrats predicted their party would gain seats in the chamber, they lost at least 12 incumbents and did not pick off a single House Republican. That means they are poised to see their fortunes rise. Democrats’ slim majority will offer Republicans uncommon sway for the minority party, providing opportunities to help broker legislative deals, or sink them.
No Emails Have Leaked from the 2020 Election Campaigns Yet – Tiny USB Sticks May Be One Reason Why
CNBC – Jordan Novet | Published: 12/23/2020
It appears this year’s presidential election campaigns avoided the sorts of cyberattacks that played out in 2016. No emails leaked this time. One thing that changed in the past four years: politicians, campaign workers, and their friends and family members started counting on USB sticks to securely log in to email accounts and other online services. Google worked with a nonprofit called Defending Digital Campaigns to give out more than 10,500 kits containing physical security keys. The FEC authorized the nonprofit to distribute cybersecurity products to campaigns for free or discounted prices.
Twitter, Facebook Lock Down Trump After Social Media-Fueled Riot in D.C.
Los Angeles Times – Sam Dean, Johana Bhuiyan, and Suhauna Hussein | Published: 1/6/2021
The mob that stormed the U.S. Capitol took shape on social media. Facebook, Twitter, and their social media peers spent President Trump’s term in office lurching from one crisis to another, scrambling to revise their policies on misinformation, hate speech, and incitement to violence in response to challenges from the White House and prominent figures and organizations that support the president. The rally was planned largely on their own platforms and promoted by the president to protest the supposed theft of the presidential election and disrupt the final certification of the electoral college vote. Although the companies took their strongest enforcement actions ever, including temporary locks on Trump’s Twitter and Facebook accounts, critics say the companies’ pattern of tentative half-measures helped precipitate a crisis.
From the States and Municipalities
California – Former Oakland Building Inspector Accused of Bribery Fined $55,000 by Ethics Commission
San Jose Mercury News – Annie Sciacca | Published: 1/5/2021
Oakland’s ethics commission fined a former city building permit inspector $55,000 over accusations he violated the government ethics act by accepting bribes and misusing his position. The commission voted unanimously to impose a $5,000 penalty for each of 11 violations it found against Anthony Harbaugh. The violations include soliciting money from property owners in exchange for a “pass” on certain inspections. The penalty was far above the $22,000 fine recommended by a hearing officer. For many of the counts, the commissioners increased the recommended fines, and in some, they instituted fines where the hearing officer had not.
California – Grand Jury Accuses San Jose Unified of Misleading Public and Its Own Board About Lobbying Efforts
San Jose Spotlight – Lloyd Alaban | Published: 12/30/2020
The San Jose Unified School District (SJUSD) left the public and its own governing board in the dark about lobbying activities that were carried out on its behalf and possibly violated government ethics laws in the process, according to a grand jury report. The SJUSD hired a consulting firm to help it with a proposal to build affordable housing for district teachers and employees but did not disclose to its board or the public the consulting firm was also lobbying city officials. District staff members denied to the board the consultancy was doing any lobbying for the district. Meanwhile, SJUSD obscured for the public and its board the lobbying activities another firm it hired was doing at the state level.
California – Newsom’s Friendship with Lobbyist Who Threw French Laundry Party Brings Questions
Los Angeles Times – Taryn Luna and Phil Willon | Published: 12/31/2020
On the website of one of Sacramento’s most influential lobbying firms, partner Jason Kinney boasted of his close connection to Gavin Newsom, noting he has advised the governor for “nearly 14 years.” The plug suddenly disappeared days after Newsom drew national criticism for attending Kinney’s birthday dinner at a famed Napa Valley restaurant. The event turned into a political disaster for Newsom, drawing charges of hypocrisy at the very time the governor urged residents to avoid gatherings and stay home as much as possible amid an unprecedented surge in the coronavirus. But the episode also exposed something that has long been the subject of quiet discussion in Sacramento: Newsom’s decision to maintain a tight relationship with Kinney, who is director of a lobbying firm with business before the governor.
California – Opponent of Newsom Church Restrictions Identified as California Recall Donor
Politico – Jeremy White | Published: 1/5/2021
An Orange County donor named John Kruger has been identified as the source of a $500,000 contribution toward recalling Gov. Gavin Newsom, solving a mystery that transfixed California political watchers. The effort to unseat Newsom received its first six-figure infusion courtesy of a limited liability company called Prov 3:9. The firm had a virtually nonexistent business presence and no record of political spending, fueling questions about its true funder and spurring a request for a state investigation from former FEC member Ann Ravel.
Colorado – Aurora’s Adoption of Strict Limits on Campaign Contributions Means Most of Colorado’s Largest Cities Have Controls in Place
Denver Post – John Aguilar | Published: 1/3/2021
Aurora will soon impose strict limits on how much money can be raised in mayoral and city council races, becoming the latest large Colorado city to reform a campaign finance system that many decry as too opaque and friendly to big business interests. With Aurora joining Denver, Fort Collins, and Lakewood in revamping its rules on the role of money in local races, four of the state’s five most populous cities will have campaign finance controls on the books. Colorado Springs puts no restrictions on donations to candidates running for public office.
Connecticut – Ritter Family of Hartford Extends Its Influence in Connecticut Legislature, Courts
MSN – Christopher Keating (Hartford Courant) | Published: 1/4/2021
Matthew Ritter is set become speaker of the Connecticut House. At the same time, his mother, Christine Keller, recently started serving on the state Supreme Court. Tom Ritter – Matthew’s father and Christine’s husband – is an influential lobbyist at a Hartford law firm and a member of the University of Connecticut board of trustees, in addition to being a former speaker in the 1990s. Gov. Ned Lamont nominated Ritter’s mother to the state’s highest court, but said he has no concerns about one family accumulating too much power or any potential conflicts-of-interest with the speaker of the House and a Supreme Court justice in the same family.
Florida – City of Tallahassee and Former Ethics Officer Julie Meadows-Keefe Settle Lawsuit
Tallahassee Democrat – Karl Etters | Published: 1/6/2021
The former embattled Tallahassee Ethics Officer Julie Meadows-Keefe and the city agreed to dismiss a lawsuit she filed more than a year ago claiming she was retaliated against and forced from her position. Meadows-Keefe left the post less than a year ago after a long-running dust up with city officials, chiefly Mayor John Dailey. She had demanded Dailey publicly apologize to her and the city write her a $450,000 check in return for her to step down from the post.
Florida – Lobbyists Reach Agreement with Ethics Commission Over Secret Trip to Atlanta
MSN – Christopher Hong (Floida Times-Union) | Published: 1/5/2021
Conventus LLC, co-owned by Jacksonville Mayor Lenny Curry’s former chief administrator, and a consultant who led his election campaigns admitted they organized and paid for a trip to Atlanta that was attended by Curry, then-JEA Chief Executive Officer Aaron Zahn, and then-city council President Scott Wilson. In an agreement with the city Ethics Commission. Tallahassee officials are prohibited from accepting gifts from registered lobbyists worth greater than $100. The commission concluded the trip was worth more than the $400 that Conventus co-owners Sam Mousa and Tim Baker told some of the participants to reimburse the company in order to not cross the $100 gift threshold.
Georgia – A Federal Judge in Atlanta Denied a Last-Minute Effort by Trump to Decertify Biden’s Victory in Georgia.
New York Times – Alan Feuer | Published: 1/5/2021
A federal judge in Atlanta denied a last-minute effort by President Trump to decertify Georgia’s election results, handing the president yet another courtroom loss before Congress is scheduled to bring the presidential race to an official end. The ruling by Judge Mark Cohen denying the emergency petition brought the number of legal defeats Trump and his allies have suffered since Election Day to more than 60. The challenges have spanned eight states and dozens of courts.
Georgia – ‘I Just Want to Find 11,780 Votes’: In extraordinary hour-long call, Trump pressures Georgia secretary of state to recalculate the vote in his favor
MSN – Amy Gardner (Washington Post) | Published: 1/3/2021
President Trump urged fellow Republican Brad Raffensperger, the Georgia secretary of state, to “find” enough votes to overturn his defeat in a phone call that legal scholars described as a flagrant abuse of power and a potential criminal act. In the recording, Trump alternately berated Raffensperger, tried to flatter him, begged him to act, and threatened him with vague criminal consequences if the secretary of state refused to pursue his false claims, at one-point warning Raffensperger was taking “a big risk.” Throughout the call, Raffensperger and his office’s general counsel rejected Trump’s assertions, explaining the president is relying on debunked conspiracy theories and Joe Biden’s victory in Georgia was fair and accurate.
Georgia – Warnock, Ossoff Win in Georgia, Handing Dems Senate Control
Associated Press News – Steve Peoples, Bill Barrow, and Russ Bynum | Published: 1/6/2021
Democrats won both Senate seats in Georgia and with them, the U.S. Senate majority, serving President Trump a defeat in his turbulent final days in office while dramatically improving the fate of President-elect Joe Biden’s progressive agenda. Jon Ossoff and Raphael Warnock, Democratic challengers who represented the diversity of their party’s evolving coalition, defeated Republicans David Perdue and Kelly Loeffler two months after Biden became the first Democratic presidential candidate to carry the state since 1992. Warnock becomes the first African American from Georgia elected to the Senate. Ossoff becomes the state’s first Jewish senator and, at 33 years old, the Senate’s youngest member.
Illinois – ‘Ghost Payroll Scheme’ Earned CPS Tech $122K – While Doing No Work and Living in California, Watchdog Says
Chicago Sun-Times – Nader Issa | Published: 1/6/2021
A former computer technician at Chicago Public Schools (CPS) was paid nearly $122,000 over two years, all while primarily living in California and doing virtually no work, according to a report from the district’s watchdog which found her school’s principal was aware of the situation but did nothing about it. The staffer self-dealt another $237,300 from the school system through a printing company she and her husband helped manage that sold goods to 14 CPS schools, including her own.
Illinois – GOP Members Introduce Bill to Distance Redistricting Process from Politicians
NPR Illinois – Hannah Meisel and Derek Cantu | Published: 1/5/2021
Illinois House Republicans are proposing a bill that they say could avoid another partisan redistricting cycle and say they ae holding Gov. JB Pritzker’s feet to the fire, daring him to uphold a campaign promise to veto any new legislative maps design which unfairly benefit one political party over another. Though the state constitution lays out a June 30 deadline for the Legislature to pass new maps, that deadline has been blown for the last five decades since the 1970 constitution was ratified, leaving the district drawing process to a bipartisan commission. Republican members claim previous map designs were developed in such a manner to divide or pack together constituents into irregular district lines based upon party affiliation.
Indiana – Some Donors to Pete Buttigieg’s Presidential Campaign Scored Contracts from South Bend When He Was Mayor
CNBC – Brian Schwartz | Published: 12/23/2020
Pete Buttigieg, President-elect Joe Biden’s choice for Transportation secretary and the former mayor of South Bend, Indiana, received presidential campaign donations from executives at companies that had public works contracts with the city while he led it. A review of dozens of the city’s infrastructure contracts during his second term as mayor, from 2016 into 2020, shows that under Buttigieg, a portion of the city’s spending went toward contractors who later became donors to his campaign for president which he launched in 2019. If he is confirmed, Buttigieg, as head of the Department of Transportation, would be responsible for pushing forward the incoming administration’s infrastructure proposal.
Louisiana – 5 Years Before Ethics Charges Were Filed, Groundwater Commission Was Told of Potential Conflicts
The Advocate – David Mitchell | Published: 1/2/2021
Five years before five members of a Baton Rouge-area groundwater commission were charged with conflict-of-interest violations, an attorney for the commission warned of exactly the problem that led to the charges. In 2015, former Assistant Attorney General Megan Terrell, then the groundwater commission’s legal advisor, concluded state ethics law could bar commissioners from drawing a salary from the big groundwater users they were supposed to regulate, like Baton Rouge Water and ExxonMobil. She wrote that while ethics opinions do not prevent industrial and other major users from nominating representatives to the groundwater commission, as state law allows them, it “may affect the ability of these users from nominating their own employees.”
Missouri – Lobbyist Steve Tilley Worked to Steer Marijuana Money to Jason Kander Tiny Home Project
St. Louis Post-Dispatch – Kurt Erickson and Jack Suntrup | Published: 12/30/2020
Gov. Mike Parson’s decision to spend part of the proceeds from Missouri’s fledgling medical marijuana program on a tiny home project for veterans may have been influenced by one of the Capitol’s most powerful lobbyists. Among former House Speaker Steve Tilley’s lengthy list of lobbying clients is the Veterans Community Project, a nonprofit that received $2.5 million in the most recent state budget to build 50 homes to help former military personnel. Records show the hiring of Tilley and his lobbying firm by Veterans Community Project came just three days after Parson’s visit to the development. But the deal has generated conflict.
New York – Queens Senator Fined $15K for ‘Quid Pro Quo’ Trips from City Funds
Queens Eagle – David Brand | Published: 1/5/2021
State Sen. James Sanders was fined $15,000 for accepting all-expense-paid trips and various “valuable gifts” from a local nonprofit he funded during his time in the New York City Council. Sanders was a council member when local nonprofit Margert Community Corporation picked up his tab at an all-inclusive Poconos resort on five separate occasions between 2009 and 2012, according to the Conflict of Interest Board. As Margert lavished Sanders with trips and gifts, he funneled nearly $842,000 in discretionary funding to the nonprofit.
New York – Three Men Gave $250 Each to a Candidate for City Comptroller – and Say They Never Heard of Him
The City – Clifford Michel | Published: 1/4/2021
Ameer Alonzo, Agnissan Achi, and Silas Adedokun were listed as giving $250 each to New York Sen. Brian Benjamin’s campaign. They say they did not give any money. “It sounds like a scam. … This is just so random,” Achi said. The men – and a toddler – are among 23 individuals who were recorded as contributing to the Benjamin 2021 campaign fund via an intermediary named Michael Murphy. Each name is associated with a $250 money order. Under New York City’s public campaign financing program, the first $100 of each of those donations is potentially eligible for $800 in taxpayer-supplied matching dollars. Contributions must come from the named donor’s own funds.
North Dakota – North Dakota Lobbyist Gift Ban Takes Effect; Ethics Bills Set in Legislature
Williston Herald – Jack Dura (Bismarck Tribune) | Published: 1/4/2021
Lobbyists in North Dakota now cannot give gifts to public officials, including state lawmakers, executive branch officials, legislative staff, and governor’s Cabinet members. Items as nominal as cups and stress balls are prohibited. Gifting violations carry civil penalties that could be up to $1,000 for gifts worth less than $500, and twice the value of gifts worth $500 or more. Legislation has come forth related to the Ethics Commission, including its budget bill and a proposal allowing for advisory opinions and etching complaint procedures into law.
Ohio – Despite Bribery Scandal, Influence of Dark Money in Ohio Remains Unchecked
MSN – Jessie Balmert (Cincinnati Enquirer) | Published: 1/4/2021
A federal investigation into a nearly $61 million bribery scandal in Columbus shined a bright light on the influence of so-called dark money in state politics. Investigators allege businesses like FirstEnergy spent nearly $61 million to help Rep. Larry Householder win control of the Ohio House, pass a $1 billion bailout for two nuclear plants, and defend that law against a ballot effort to block it. This money was donated to nonprofit and for-profit corporations that are not required to disclose anything about their contributions. But in the months since Householder’s arrest, Ohio lawmakers have done nothing to curtail dark money’s influence in Ohio.
Ohio – Groups Backing Gov. DeWine and His Daughter Received FirstEnergy Cash Funneled Through Dark Money Outfits
MSM – Jackie Borchardt (Cincinnati Enquirer) | Published: 12/23/2020
Cash from FirstEnergy Corp. and related businesses reached the coffers of “dark money” groups supporting Ohio Gov. Mike DeWine and his daughter and Greene County prosecutor candidate, Alice DeWine, tax documents show. The documents shed new light on a key player in a federal bribery investigation that entangled the former Ohio House speaker and four others. They also show for the first time where a “dark money” group supporting Alice DeWine’s bid for prosecutor got some of its funding. A spokesperson for the governor said DeWine spoke with FirstEnergy officials in 2019 and asked them to support his daughter’s effort with independent expenditures. Independent expenditures are political ads that support or oppose a candidate without cooperation with that candidate or their campaign.
Oklahoma – Ethics Commission Slaps Two Lobbyists with Hefty Financial Penalties
Tulsa World – Barbara Hoberock | Published: 1/5/2021
The Oklahoma Ethics Commission imposed hefty penalties on two well-known lobbyists for violations of campaign finance law. James Milner agreed to pay $65,000 while James McSpadden will pay $50,000, both for violations related to the acceptance and expenditure of funds of Oklahomans for Healthy Living. Milner served as the group’s chairperson, while McSpadden was treasurer. The commission found Oklahomans for Healthy Living acted as a straw political action committee by accepting and distributing illegal corporate contributions, failing to disclose the donations, failing to identify that such contributions were from a corporate source, and expending corporate funds to Oklahoma committees.
Pennsylvania – Ex-House Speaker John Perzel Wins 3rd and Likely Final Bid to Avoid Paying $1M for Corruption Conviction
PennLive.com – Matt Miller | Published: 1/4/2021
Dauphin County Judge Richard Lewis said state prosecutors did not prove an exact dollar value for what they claim was the loss from former Pennsylvania House Speaker John Perzel’s participation in the so-called Computergate scandal. He was among several House Republicans who were convicted or pleaded guilty to using taxpayer funds to create a computer system designed to promote the election of GOP candidates. Perzel was first hit with the $1 million in 2012 when Lewis sentenced him to prison and probation on his guilty pleas to theft, conspiracy, and conflict-of-interest charges.
Pennsylvania – Pennsylvania Republicans Block Seating of Democratic State Senator, Take Control from Lieutenant Governor
MSN – Hannah Knowles (Washington Post) | Published: 1/5/2021
The seating of new Pennsylvania legislators turned into a bitter partisan spectacle as Republicans in the state Senate blocked a Democratic lawmaker from taking his oath of office and removed the Democratic lieutenant governor from his role overseeing the proceedings. Leaders shouted and spoke over each other, at one point trying to conduct dueling sessions in a stark showcase of this year’s political divisions over normally routine functions of democracy. Republicans say they will not seat Sen.-elect Jim Brewster as a legal challenge to his victory is pending, although his win has been certified and the state Supreme Court sided with him in a dispute over how to count votes in a close race.
South Carolina – Magistrate Judges Took Bribes, Stole Money and Mishandled Cases. South Carolina Officials Now Want Reform
ProPublica – Joseph Cranney (Charleston Post and Courier) | Published: 1/5/2021
When the South Carolina Legislature reconvenes, lawmakers say a priority will be ramping up their scrutiny of local magistrate judges, many of whom are among the state’s busiest but least qualified jurists. A series by The Charleston Post and Courier and ProPublica exposed how a flawed system of selection and oversight provided fertile ground for incompetence and corruption on the bench. One proposal would do away with loopholes that have allowed magistrates to shield ethical offenses or preside for years despite expired terms.
South Carolina – SC Senators Turn Spotlight on NextEra, Energy Giant Seeking to Buy Santee Cooper
The State – John Monk | Published: 12/31/2020
A South Carolina Senate subcommittee voted to investigate energy giant NextEra’s efforts to acquire Santee Cooper, the state-owned electric utility. The subcommittee agreed to send NextEra a letter requesting numerous details about the company’s lobbying efforts with, and campaign contributions to, state lawmakers. The panel will also ask NextEra to provide details on a reported ongoing federal criminal investigation into some of the company’s dealings in Florida. If NextEra refuses to provide the information, senators will seek subpoena power from the Senate.
Virginia – Richmond Judge Recuses Himself from Case Involving State Senator Who Has Power Over Reappointing Him to the Bench
MSN – Gregory Schneider (Washington Post) | Published: 12/28/2020
Richmond General District Court Judge David Hicks, who presided over the arraignment of a state senator and then appeared before that senator to seek reappointment to the bench, recused himself from any further role in the criminal case. A retired judge has been appointed to handle the next hearing for Virginia Sen. Joseph Morrissey, who is facing misdemeanor charges of improper conduct at a polling place during the 2019 election. Virginia is one of only two states in which the Legislature appoints judges. While all members of the Senate and House vote on the appointments, the custom is to defer to the choices of each local delegation.
Washington – Olympia Lawmaking Is About to Go Virtual. Participants See Both Minefields and Silver Linings
Tri-City Herald – Sarah Genzler | Published: 1/3/2021
During the 2021 session, Olympia’s Capitol Campus that comes alive each January will, under current plans, remain largely dormant. Legislative buildings will stay closed to the public, with COVID-19 transmission prevention in mind. Much of the typical activity and conversation will move online. Not everyone supports that vision. Republican leaders believe more access could be preserved safely. And groups have stated plans to enter and occupy the state Legislative Building during session, claiming that keeping the Capitol closed to the public is unconstitutional, COVID-19 or not.
West Virginia – GOP West Virginia State Delegate Live-Streams as He Storms Congress with Pro-Trump Mob: ‘We’re going in!’
MSN – Andrea Salcedo (Washington Post) | Published: 1/7/2021
Sporting a black helmet and shouting, “Trump! Trump!,” a West Virginia delegate pushed his way through the crowd as he narrated on Facebook Live the moment the mob cracked open the doors of Congress. “We’re in! We’re in!” cheered Derrick Evans, a newly elected member of West Virginia’s House. His recording, which has since been deleted, left state officials from both parties slamming his participation in the mob of pro-Trump supporters who broke into Congress as lawmakers convened to confirm the results of President-elect Joe Biden’s victory. Amid the violent coup attempt, one woman was shot and killed by police, and three others died of medical emergencies.
December 25, 2020 •
News You Can Use Digest – December 25, 2020
National/Federal A Frustrated Trump Redoubles Efforts to Challenge Election Result MSN – Felicia Sonmez, Josh Dawsey, Dan Lamothe, and Matt Zapotosky (Washington Post) | Published: 12/20/2020 President Trump has intensified efforts to overturn the election, raising a series of radical measures […]
National/Federal
A Frustrated Trump Redoubles Efforts to Challenge Election Result
MSN – Felicia Sonmez, Josh Dawsey, Dan Lamothe, and Matt Zapotosky (Washington Post) | Published: 12/20/2020
President Trump has intensified efforts to overturn the election, raising a series of radical measures in recent days, including military intervention, seizing voting machines, and a 13th-hour appeal to the U.S. Supreme Court. Trump said he had spoken with Sen.-elect Tommy Tuberville about challenging the electoral vote count when the House and Senate convene on January 6 to formally affirm President-elect Joe Biden’s victory. Trump’s conversation with Tuberville is part of a much broader effort by the defeated president to invalidate the election. He is increasingly reaching out to allies like Giuliani and White House trade adviser Peter Navarro for ideas and searching his Twitter feed for information to promote.
Bennet Introduces Bill to Eliminate ‘Zombie’ Campaign Accounts
Colorado Politics – Michael Karlick | Published: 12/18/2020
U.S. Sen. Michael Bennet introduced the Zeroing Out Money for Buying Influence after Elections (ZOMBIE) Act to address what happens with campaign money for federal candidates when they leave office. The ZOMBIE Act requires candidates to close campaign accounts within six months of not filing to run for reelection or another federal office. People would also need to close their personal or leadership committees before registering as a lobbyist or foreign agent. Candidates may divest their unspent money to donors, the U.S. Treasury, or a charity. The candidate or their family may not have personal ties to the recipient charity, however.
Despite Trump’s Intense Hunt for Voter Fraud, Officials in Key States Have So Far Identified Just a Small Number of Possible Cases
MSN – Rosalind Helderman, Jon Swaine, and Michelle Ye Hee Lee (Washington Post) | Published: 12/23/2020
After an intense hunt by President Trump’s allies to surface voting irregularities in this year’s election, law enforcement agencies in six key swing states targeted by the president have found just a modest number of complaints that have merited investigation. So far, only a handful of cases have resulted in actual criminal charges alleging wrongdoing – some of them against Republican voters aiming to help Trump. The tiny number of incidents further undercut Trump’s barrage of false allegations that there was widespread manipulation of the vote. The alleged voter fraud cases, mostly spotted by local election officials, were identified due to the kinds of safeguards in place in states and counties specifically designed to catch problems.
FBI Links Iran to Online Hit List Targeting Top Officials Who’ve Refuted Trump’s Election Fraud Claims
MSN – Ellen Nakashima, Amy Gardner, and Aaron Davis (Washington Post) | Published: 12/22/2020
The FBI has concluded Iran was behind online efforts to incite lethal violence against the bureau’s director, a former top U.S. cyber expert, and multiple state elections officials who have refuted claims of widespread voter fraud promoted by President Trump and his allies. FBI Director Christopher Wray and ousted Homeland Security Department official Christopher Krebs were among more than a dozen people whose images, home addresses, and other personal information were posted on a website titled “Enemies of the People.” Crosshairs were superimposed over the photos. In August, intelligence officials said Iran was seeking to undermine U.S. democratic institutions and divide the country in advance of the election.
High Court Rules Challenge to Trump Census Plan Is Premature
Associated Press News – Mark Sherman | Published: 12/18/2020
The U.S. Supreme Court dismissed as premature a challenge to President Trump’s plan to exclude people living in the country illegally from the population count used to allot states seats in the House of Representatives. But the court’s decision is not a final ruling on the matter, and it is not clear whether Trump will receive final numbers from the Census Bureau before he leaves office. The high court said it was too soon to rule on the legality of Trump’s plan because it is not yet clear how many people he would seek to exclude and whether the division of House seats would be affected.
House Intends to Reissue Subpoena for Trump’s Financial Records Next Year
Politico – Kyle Cheney | Published: 12/21/2020
The House Oversight Committee intends to reissue a subpoena for President Trump’s financial records next year. The House has been pursuing Trump’s financial documents form his accounting firm, Mazars USA, since Democrats took power in early 2019 but the effort has been tied up in the courts. The case landed before the U.S. Supreme Court this year, and the justices determined the lower courts had failed to scrutinize the subpoena closely enough, kicking it back to them for further review. Now, as the congressional session winds down, the House is signaling it intends to continue pursuing Trump’s financial documents even as he prepares to leave office.
Kushner Helped Launch Shell Company That Paid Campaign Funds to Trump Family: Report
MSN – Mary Papenfuss (HuffPost) | Published: 12/19/2020
A campaign shell company created in part by Jared Kushner spent half of President Trump’s massive campaign fund and secretly paid Trump family members and associates, according to Business Insider. Lara Trump, the wife of the president’s son Eric, was head of the company, and a nephew of Vice President Mike Pence served as its vice president, Business Insider reported. The company was incorporated in Delaware as American Made Media Consultants Corporation and American Made Media Consultants. Records reveal the president’s campaign and its affiliated Trump Make America Great Again Committee with the Republican National Committee spent more than $617 million through the company, which purchased ads but also funded the more amorphous tasks of “digital consulting” and “research consulting.”
Major U.S. Companies Are Lobbying in a Scrum for Early Vaccine
MSN – Christopher Rowland, Isaac Stanley-Becker, Jacob Bogage, Abha Bhattarai, and Laura Reiley (Washington Post) | Published: 12/20/2020
Companies are lobbying states and the federal government to prioritize their workers for early immunization against the coronavirus amid limited supplies of the vaccine. After front-line health-care workers and elderly people in nursing homes and assisted-living centers are immunized, the government is expected to begin shipping vaccine to communities for those it has designated as essential workers. The task of setting the sequence of vaccinations within that disparate population, verifying who is essential and setting up equitable systems for access is triggering competition. The government’s list is so broad it includes everyone from weather forecasters to the operators of shooting ranges. Some policy experts fear the competition for vaccines will favor the wealthiest companies with the strongest lobbying teams in state capitals.
New Round of Trump Clemency Benefits Manafort, Other Allies
Associated Press News – Eric Tucker | Published: 12/24/2020
President Trump pardoned more than two dozen people, including former campaign chairperson Paul Manafort, Roger Stone, and Charles Kushner, the father of his son-in-law, in the latest wave of clemency to benefit longtime associates and supporters. The actions, in Trump’s waning time at the White House, bring to nearly 50 the number of people whom the president has granted clemency in the last week. The list from the last two days includes not only multiple people convicted in the investigation into the Trump campaign’s ties to Russia but also allies from Congress and other felons whose causes were championed by friends.
Trump Pardons 15, Commutes 5 Sentences, Including GOP Allies
Associated Press News – Colleen Long, Kevin Freking, and Eric Tucker | Published: 12/23/2020
President Trump granted clemency to 20 people, including three former Republican members of Congress and two people who were convicted of crimes as part of the investigation into Russian interference in the 2016 presidential election. Recipients of Trump’s newest pardons included his first two congressional endorsers, former Rep. Chris Collins, convicted on charges related to insider trading, and former Rep. Duncan Hunter, who pleaded guilty to campaign finance abuses, including some to support extramarital affairs. Some of Trump’s actions seemed intended to send clear messages, such as grants of clemency for George Papadopoulos, the former campaign operative whose 2016 activities triggered the FBI probe that led to special counsel Robert Mueller’s investigation.
Trump Will Face Different Twitter Rules When He Leaves Office
MSN – Emily Glazer (Wall Street Journal) | Published: 12/22/2020
President Trump has used his Twitter account as a megaphone during his administration. When he leaves office, he will need to abide by a different set of rules. Trump is currently able to tweet with less risk, compared with private citizens, of having tweets taken down or his account suspended. His Twitter account, which has more than 88 million followers, will no longer receive special privileges when he becomes a private citizen, Twitter spokesperson Nick Pacilio said. The loss of privileges reserved for world leaders and public officials would mean that if Trump violates the site’s rules, those tweets would be taken down rather than labeled in the future, Pacilio said.
Watchdog: Amy McGrath Campaign Illegally Coordinated with Democratic Party Super PACs in Bid to Unseat Mitch McConnell
MSN – Colin Kalmbacher (Law & Crime) | Published: 12/17/2020
The U.S. Senate campaign of failed candidate Amy McGrath illegally coordinated with a Democratic Party super PAC in violation of federal campaign finance law, according to a complaint filed with the FEC. The Campaign Legal Center (CLC) said McGrath’s campaign, along with the Senate campaign of Mike Espy, violated the law during the 2020 election. The CLC said McGrath’s campaign and the Ditch Fund illegally coordinated on up to $8 million worth of spending during her unsuccessful bid to unseat Majority Leader Mitch McConnell. Espy’s failed effort at replacing Sen. Cindy Hyde Smith allegedly violated federal law by coordinating with the March on PAC to the tune of some $50,000, according to the CLC.
From the States and Municipalities
Arizona – AG Says Pima County Ban on Political Contributions Unconstitutional
Arizona Mirror – Jeremy Duda | Published: 12/18/2020
Pima County’s prohibition on its employees contributing money to candidates for county office violates both the U.S. and Arizona constitutions, according to Arizona Attorney General Mark Brnovich. In a nonbinding opinion, Brnovich said the policy impermissibly infringes on the free speech rights of Pima County employees. The 1992 policy bars county employees from contributing money or soliciting contributions for county candidates. County supervisors passed the rule as an ethics reform to prevent elected officials from pressuring employees to contribute to their campaigns.
Arizona – Candidate for Arizona Corporation Commission Faces Investigation into Campaign Spending
MSN – Ryan Randazzo (Arizona Republic) | Published: 12/17/2020
The Arizona Citizens Clean Elections Commission agreed that Eric Sloan, who lost a bid to become one of the state’s utility regulators, appears to have violated laws regarding how candidates can spend public campaign money. The vote will initiate an investigation that could include subpoenas for Sloan’s finance records and depositions of witnesses. It ultimately could result in a fine. Sloan’s former campaign company accused Sloan of failing to pay him for a variety of services that helped get Slone on the ballot and then spending all his public money from the Clean Elections Commission elsewhere, which put him over the spending limit.
California – Newsom Appoints Alex Padilla to Fill Harris’ Senate Seat
Politico – Jeremy White | Published: 12/22/2020
Gov. Gavin Newsom is appointing California Secretary of State Alex Padilla to the U.S. Senate, giving the state its first Latino senator. From the moment President-elect Joe Biden selected Sen. Kamala Harris as his running mate, California politicians began positioning themselves for the possible opening. The lobbying around Newsom has intensified since Biden’s victory, with various groups representing different constituencies urging the governor to appoint a Latino, a Black woman, or another representative of California’s diversity. The governor chose the presumed frontrunner in Padilla, who has supported Newsom’s political ambitions and offered the historic opportunity in a state where Latinos are a plurality at 40 percent of the population.
California – Newsom Lobbying Ban Won’t Immediately Affect French Laundry Dining Partner
MSN – Alexei Kosoff (San Francisco Chronicle) | Published: 12/17/2020
California Gov. Gavin Newsom committed to not hiring any registered lobbyist as a paid consultant and barred his paid campaign or political consultants from directly lobbying the governor, his staff, or state agencies under his control. The new policy bans a dozen people serving as paid consultants to his campaign or the California Democratic Party from lobbying, but Jason Kinney is not among them. Kinney, the lobbyist and longtime adviser to Newsom, whose attendance at a 50th birthday dinner for Kinney sparked criticism over his close ties to consultants who also work for corporate clients and other influential interests at the Capitol.
Colorado – Denver Clerk Lopez Contracts with Outside Group to Run City’s Campaign Finance System
North Denver Tribune – Staff | Published: 12/14/2020
Denver Clerk and Recorder Paul López today announced his office has contracted with MapLight a nonprofit technology firm, to build a replacement for the city’s outdated campaign finance reporting application. MapLight’s new application will be uniquely designed to administer Denver’s campaign finance regulations, provide in-depth search functions for the public, and implement the Fair Elections Fund. The new campaign finance system will launch in the second half of 2021 and will include a litany of needed upgrades for campaign users, employees, and Denver residents.
Colorado – How Colorado’s New Redistricting Commissions Will Navigate a Political Swamp in 2021
Bloomfield Enterprise – Jon Murray (Denver Post) | Published: 12/22/2020
A redistricting commission will take the helm in Colorado in 2021, steering the process of redrawing congressional and legislative districts, a process that in the past has often been dominated by whichever party held more sway. A lot will hinge on who gets picked as commissioners, how well they work together, and how they juggle competing interests, including jockeying for an eighth congressional seat that is expected to be granted to Colorado. But advocates say commissions are set up to keep decision-making out of back rooms. Each is required to be divided evenly between Democratic, Republican, and unaffiliated members. Many political insiders and lobbyists are barred from being members, and extensive rules require consensus to approve the new maps.
Florida – Antonacci Gets a New Job and an Old Problem: The appearance of a conflict of interest with his wife
Florida Bulldog – Dan Christensen | Published: 12/16/2020
Outgoing Broward Supervisor of Elections Peter Antonacci was named by Florida’s Cabinet to be the next Chief Judge/Executive Director of the Florida Division of Administrative Hearings. He must now be confirmed by the state Senate. For the second time in five years, however, Antonacci’s new job creates an immediate appearance of a conflict-of-interest involving his wife, Anne Longman, a lawyer who often represents clients before the division her husband would now lead.
Florida – ‘Could Really Use the Support’: Witness says Beach politician drove donors to mystery PAC
Miami Herald – Christina Saint Louis | Published: 12/17/2020
Before Petter Hagland became a key figure in the ethics scandal that wrecked Michael Grieco’s mayoral aspirations, he received multiple emails from the then-Miami Beach commissioner badgering him for one thing: money. “I am asking for your support in my endeavors to seek higher office,” Grieco wrote to Hagland, part of a wealthy Norwegian shipping and oil family, in an email. The Miami-Dade Commission on Ethics & Public Trust questioned Hagland about those exchanges as part of its investigation into Grieco’s involvement with People for Better Leaders, the murky PAC that raised over $200,000, much of it from special interests doing business with the city, in the run-up to the 2017 municipal election. The $25,000 from Hagland was the largest contribution to the mystery PAC.
Florida – Michael Grieco’s Fundraising Falsehoods Violated Ethics Rules, Panel Finds
Miami Herald – Christina Saint Louis | Published: 12/17/2020
The Miami-Dade Commission on Ethics and Public Trust found state Rep. Michael Grieco violated the Citizens’ Bill of Rights twice during his term as a Miami Beach commissioner by falsely portraying his involvement with the PAC People for Better Leaders. The first falsehood was when he told the Miami Herald, “I do not have a political committee. I didn’t set one up. I haven’t solicited one,” and again when he told the Herald, “It is absolutely untrue. … You can look right into my soul.” Evidence and testimony elicited in a hearing, including sworn statements from donors and the chairperson of the PAC, indicated Grieco was actively involved in creating, operating, coordinating, and funding the PAC.
Georgia – GOP Launches Legal War on Absentee Voting Ahead of Georgia Runoffs
Politico – Zach Montellaro and James Arkin | Published: 12/17/2020
Federal judges in Georgia rejected a pair of Republican-led lawsuits to restrict absentee voting ahead of January’s U.S. Senate runoffs, the first salvos in a GOP effort to change voting rules for future elections following President Trump’s loss in 2020. Republicans filed three lawsuits – two in federal court, one in state court – in Georgia ahead of the runoffs, in which hundreds of thousands of people have already voted by mail or in person for races that will decide control of the Senate. The suits are an attempt to make successfully voting by mail harder in Georgia, which Republicans say is necessary to protect the security of the elections and others claim is an attempt to suppress votes for Democratic candidates.
Illinois – Rules Requiring Nonprofits to Register as Lobbyists Delayed Again
WTTW – Heather Cherone | Published: 12/21/2020
Rules requiring nonprofit organizations to register as lobbyists in Chicago were set to go into effect January 1, 2020, but were delayed after dozens of nonprofit groups objected, saying the regulations would force them to pay costly registration fees or risk $1,000 fines. The effort to amend the guidelines was still underway when the coronavirus pandemic forced City Hall to shut down, and the delay was extended. It will now last until spring 2021. The ethics ordinance will need to be revised by the city council to clarify the rules, officials with the Chicago Board of Ethics have said.
Kansas – Wichita City Council Member James Clendenin to Resign Amid Investigation, Controversy
Wichita Eagle – Chance Swaim | Published: 12/22/2020
Under investigation for potential abuse of CARES Act funds and facing ouster proceedings for participating in a political scandal during the 2019 mayoral race, Wichita City Councilperson James Clendenin plans to resign by the end of the year. Clendenin faced the possibility of being the first council member ousted in the city’s 150-year history. Clendenin is one of three city officeholders behind the “Protect Wichita Girls” video, a political advertisement that falsely accused Mayor Brandon Whipple of sexual harassment, and a plot to blame former Sedgwick County GOP Chairperson Dalton Glasscock for the bogus ad.
Maine – Maine Regulator Can Get Financial Records from Anti-CMP Corridor Group, Judge Rules
Bangor Daily News – Caitlin Andrews | Published: 12/17/2020
Maine’s ethics commission can request financial records from a “dark-money” group opposing Central Maine Power’s proposed $1 billion corridor project as part of a broader investigation. Stop the Corridor sued the ethics commission, aiming to shield its donors from public view after the commission voted to require the group to disclose financial information as part of an investigation into whether Stop the Corridor had to register as a political committee after it gave $85,000 to another ant-corridor organization. But a judge disagreed with the anti-corridor group’s argument that the ethics agency had no jurisdiction to do so, denying a delay of the commission’s order by finding the group was unlikely to succeed and the information requested was relevant to the probe.
Maryland – With New Members in Place, Baltimore Spending Board Beefs Up Transparency on Conflicts of Interest
Baltimore Sun – Emily Opilo | Published: 12/16/2020
Baltimore’s spending board voted to make its abstention process more transparent following a controversy in which the city’s then-comptroller repeatedly voted to approve spending for organizations with which she was connected. While members of the Board of Estimates were previously required to maintain a list of groups with which they had ties that could create a conflict and disclose any abstentions during meetings, the new rules require members to state the reason for abstaining in a memo that will be posted online with the board’s agenda.
Massachusetts – House Speaker Robert A. DeLeo Discloses He’s in Talks for Job at Northeastern, Setting Off Succession Campaign
MSN – Matt Stout and Andrea Estes (Boston Globe) | Published: 12/18/2020
House Speaker Robert DeLeo filed a much-anticipated ethics disclosure notifying officials he is in talks for a job with Northeastern University, potentially marking the beginning of the end of his tenure as the longest-serving House leader in Massachusetts history. According to his letter, DeLeo said he asked his personal attorney to contact the state’s Ethics Commission to “discuss my status and to ensure compliance” with the conflict-of-interest law. DeLeo wrote he is currently not required to file a disclosure but chose to “out of an abundance of caution.” DeLeo would be the first speaker since 1990 to step down on his own timetable and without the specter of either a criminal investigation or indictment.
Missouri – Ethics Panel Rebukes St. Louis Lawmaker Accused of Having Sex with Intern
St. Louis Post-Dispatch – Kurt Erickson | Published: 12/17/2020
Missouri Rep. Wiley Price IV faces censure after an investigation into whether he had sex with his legislative intern earlier this year. Price did not admit to having sex with the intern but was found to have attempted to cover up the incident and interfered in the House Ethics Committee probe into his behavior. The committee recommended the full House strongly admonish Price. That could include stripping him of his committee assignments and not allowing him to meet with the Democratic caucus. He also will be barred from having an intern in the future, and the report calls for Price to repay $22,494 to cover the cost of the investigation.
New Mexico – Nonprofit Groups Test New Independent Expenditure Law to the Test
New Mexico Political Report – Brian Metzger (New Mexico In Depth) | Published: 12/16/2020
New Mexico lawmakers passed campaign reporting requirements in 2019 to force nonprofit groups, which can spend money on campaigns without registering as political committees, to disclose their spending as well as the names, addresses, and contribution amounts of their donors who fund such independent expenditures. In 2020, two nonprofit groups immediately put the new law to the test by refusing to disclose donors despite enforcement efforts by both the secretary of state and the State Ethics Commission. The challenges by the nonprofit groups represent a key test for both the law itself and for the enforcing power of the ethics panel, which was also established in 2019.
New York – Ex-Sen. Jeff Klein Seeks to Block Ethics Hearing on Sexual Harassment Allegations
Albany Times Union – Brendan Lyons | Published: 12/21/2020
Former New York Sen. Jeffrey Klein has filed a petition in state Supreme Court seeking to block the Joint Commission on Public Ethics (JCOPE) from holding a hearing on whether he violated Public Officers Law when he allegedly forcibly kissed a female staff member outside an Albany bar five years ago. The petition alleges JCOPE exceeded its authority and abused its discretion when it rejected a hearing officer’s recommendation the case should be dismissed.
North Dakota – Attorney General: North Dakota Ethics Commission can write lobbying definitions
Bismarck Tribune – Jack Dura | Published: 12/23/2020
The North Dakota Ethics Commission can write rules defining “lobby” and “lobbyist” pertaining to gift restrictions, according to state Attorney General Wayne Stenehjem. He issued an opinion in response to the board’s request for clarification on its authority to expand on the definitions relating to gifts. Commissioners have encountered conflicting language in state law and the North Dakota Constitution as they have established the board and its rules.
Ohio – Elections Commission Dings Rep. Nino Vitale Over Late Report, Delays More Serious Charges
MSN – Rick Rouan (Columbus Dispatch) | Published: 12/17/2020
A state lawmaker who has backed an effort to impeach Gov. Mike DeWine, urged Ohioans not to get tested for the coronavirus, and was accused of using anti-Semitic language against former Health Director Dr. Amy Acton is now answering for alleged campaign finance violations. The Ohio Elections Commission found Rep. Nino Vitale violated the law by filing one of his reports after the deadline. The commission did not level any penalty or fine against Vitale for the late filing. The case included several other allegations, including that Vitale improperly used a campaign account to accept payment for a concealed carry class he taught. The remaining five counts in the case were set for a separate hearing to be scheduled later. Vitale appeared to suggest the complaint was tied to his support of articles of impeachment against DeWine.
Ohio – Leader of Columbus Green-Energy Ballot Measure Indicted for False Campaign Finance Reports
MSN – Mark Ferenchick (Columbus Dispatch) | Published: 12/16/2020
John Clark Jr., who led the initiative petition drive that would have diverted tens of millions of dollars of city of Columbus money toward vague green-energy initiatives, was indicted on felony charges of filing false campaign finance reports. The charges relate to false information provided on campaign finance reports filed with the city in 2019. The Franklin County prosecutor’s office said the false statements are related to the source and amount of contributions made to the ballot initiative. The 2019 initiative would have redirected $57 million dollars in city money to proposed green-energy initiatives by ProEnergy Ohio LLC, a limited partnership group Clark led.
Ohio – Ohio Lawmakers Do Nothing on Scandal-Tainted House Bill
MSN – Jessie Balmert (Cincinnati Enquirer) | Published: 12/22/2020
After a federal bribery investigation ousted a former House leader, Ohio lawmakers did nothing to repeal or delay the $1 billion nuclear plant bailout at the heart of the alleged “pay-to-play” scheme. Caught between lawmakers who wanted to do more to curb the nuclear subsidies and those who wanted to bail out the plants, the Republican-controlled House could not cobble together the votes needed for a change. A judge relieved some of the pressure on lawmakers to act by blocking the fees from appearing on Ohioans’ electric bills in January. The fees subsidize two nuclear plants owned by Energy Harbor. Lawmakers will continue to work to find a definitive legislative solution next year, Speaker Bob Cupp said.
Oregon – Staffers for Oregon Lawmakers Have Filed to Form a Union
OPB – Dirk VanderHart | Published: 12/16/2020
Legislative aides in Oregon want to be the first group of such employees in the country to form their own union. While unions often have a partisan tinge in the statehouse, staffers of lawmakers in both parties note changes in recent years they felt highlighted a need for better representation. One is a lengthy process that has sought to modify pay within the Capitol. One facet of that process, adopted earlier this year, was focused on ensuring staffers are paid equitably if they serve in similar roles. Another change is the Legislature’s ongoing revisions of Capitol policies for harassment and retaliation. The employees said a union would ensure their voices are present when lawmakers make such decisions.
South Carolina – Richland Councilwoman Accused of Corruption as Prosecutor Criticizes County Spending
MSN – David Travis Bland, Bristow Marchant, and Sarah Ellis (The State) | Published: 12/18/2020
Richland County Council member Dalhi Myers used taxpayer money for personal travel to Greece and other places, a resort hotel stay in Nashville, and “premium chocolates” and other personal items, according to an indictment. The grand jury indicted Myers on 24 charges that include misconduct in office, use of official position for personal gain, embezzlement, writing a fraudulent check, and use of campaign funds for personal expenses. Most of the indictments allege she used county taxpayer money for personal use. If convicted on all charges, she could be sentenced to more than 20 years in prison.
Tennessee – In Earlier Meetings, Ford, Jr. Cast Votes in Favor of $450K Award Entangled in His Business
Memphis Commercial Appeal – Sarah Macaraeg | Published: 12/17/2020
Records show Shelby County Commissioner Edmund Ford, Jr. twice introduced and voted in favor of a $450,000 budget allocation to Junior Achievement, a nonprofit he later said he sold computers through his business, E&J Computer Services and Repair. The committee votes moved Ford’s grant resolution in front of the full Board of Commissioners with a favorable recommendation. Ford left the room of the final vote without making a disclosure, video shows, though he acknowledged he had had conflicts-of-interest in mind. The records of the earlier meetings show that Ford did not recuse himself at any stage.
Texas – $1.7M for George Strait, Six-Figure Bonuses: Months later, a lawsuit forced Texas to release details on inaugural spending
Texas Tribune – Jay Root (Houston Chronicle) and Shannon Najmabadi | Published: 12/17/2020
Gov. Greg Abbott and the 2019 Texas Inaugural Committee spent months fighting the disclosure of documents detailing how they spent a record-setting $5.3 million that event organizers raised mostly from corporations and wealthy donors. But The Texas Tribune sued the committee and successfully obtained the bank statements and spending ledger in an out-of-court settlement. The result is the most detailed and complete account of inaugural spending in decades. Attorney Bill Aleshire, who represented The Tribune, said the legal fight he had to wage to get the records highlights the need for better transparency in state inaugurations, which accept corporate money but face little regulation over how it gets spent.
Texas – Developer Sherman Roberts Indicted on Charges of Bribing Dwaine Caraway and Carolyn Davis
D Magazine – Matt Goodman | Published: 12/17/2020
Sherman Roberts, chief executive officer of City Wide Community Development Corporation, was indicted on bribery charges for his dealings with two former Dallas City Council members who, prosecutors claim, supported his tax-credit housing projects in exchange for money and promises of future payments. The indictment does not name the council members, but one appears to be the late Carolyn Davis, who was chair of the city’s Housing Committee at the time of one of the alleged bribes. The other alleged bribe recipient appears to be former Councilperson Dwaine Caraway, who is serving a 56-month sentence for accepting bribes for his vote on another contract.
Virginia – In Richmond, the Case of the State Senator and the Judge Draws Attention to Lax Ethics Rules
MSN – Gregory Schneider (Washington Post) | Published: 12/18/2020
Virginia is one of two states where judges are selected by the Legislature, a practice that dates to the Colonial era. When Richmond General District Judge David Hicks appeared before a General Assembly committee seeking reappointment to the bench, he had an unusual connection to one of the lawmakers conducting the review. State Sen. Joseph Morrissey had just appeared in Hicks’s courtroom the week before as a defendant in a misdemeanor criminal case. With Hicks still presiding over Morrissey’s case, the interaction raised eyebrows. It casts a light on the way business is conducted around the Capitol and draws attention to Virginia conflict-of-interest rules that largely leave it up to public officials to self-police.
Washington DC – While Incarcerated in the D.C. Jail, a Candidate Fights for an ANC Seat
Washington Post – Julie Zauzmer | Published: 12/17/2020
Joel Caston has filled many roles during his 26 years of incarceration, from youth mentor to published author to financial literacy instructor for his fellow inmates. Now he is seeking a new job: elected official. Caston ran in November for a long-vacant seat on the Advisory Neighborhood Commission, The District of Columbia’s most granular level of local government, with the goal of representing inmates at the city jail as the first person to hold the office while incarcerated. But his pursuit has been hampered by a paperwork error, and the Board of Elections says he would not be allowed to take office. Caston and his advocates outside the jail say they are not giving up on finding a solution.
December 24, 2020 •
Thursday’s LobbyComply News Roundup
Campaign Finance Florida: “Michael Grieco’s Fundraising Falsehoods Violated Ethics Rules, Panel Finds” by Christina Saint Louis for Miami Herald Ohio: “Leader of Columbus Green-Energy Ballot Measure Indicted for False Campaign Finance Reports” by Mark Ferenchick (Columbus Dispatch) for MSN Elections […]
Campaign Finance
Florida: “Michael Grieco’s Fundraising Falsehoods Violated Ethics Rules, Panel Finds” by Christina Saint Louis for Miami Herald
Ohio: “Leader of Columbus Green-Energy Ballot Measure Indicted for False Campaign Finance Reports” by Mark Ferenchick (Columbus Dispatch) for MSN
Elections
National: “FBI Links Iran to Online Hit List Targeting Top Officials Who’ve Refuted Trump’s Election Fraud Claims” by Ellen Nakashima, Amy Gardner, and Aaron Davis (Washington Post) for MSN
National: “Despite Trump’s Intense Hunt for Voter Fraud, Officials in Key States Have So Far Identified Just a Small Number of Possible Cases” by Rosalind Helderman, Jon Swaine, and Michelle Ye Hee Lee (Washington Post) for MSN
Washington DC: “While Incarcerated in the D.C. Jail, a Candidate Fights for an ANC Seat” by Julie Zauzmer for Washington Post
Ethics
National: “Trump Pardons 15, Commutes 5 Sentences, Including GOP Allies” by Colleen Long, Kevin Freking, and Eric Tucker for Associated Press News
National: “New Round of Trump Clemency Benefits Manafort, Other Allies” by Eric Tucker for Associated Press News
Ohio: “Ohio Lawmakers Do Nothing on Scandal-Tainted House Bill” by Jessie Balmert (Cincinnati Enquirer) for MSN
South Carolina: “Richland Councilwoman Accused of Corruption as Prosecutor Criticizes County Spending” by David Travis Bland, Bristow Marchant, and Sarah Ellis (The State) for MSN
Texas: “Developer Sherman Roberts Indicted on Charges of Bribing Dwaine Caraway and Carolyn Davis” by Matt Goodman for D Magazine
Lobbying
North Dakota: “Attorney General: North Dakota Ethics Commission can write lobbying definitions” by Jack Dura for Bismarck Tribune
Redistricting
Colorado: “How Colorado’s New Redistricting Commissions Will Navigate a Political Swamp in 2021” by Jon Murray (Denver Post) for Bloomfield Enterprise
December 11, 2020 •
News You Can Use Digest – December 11, 2020
National/Federal Barr Taps Durham as Special Counsel, Pushing Probe into Biden Era Politico – Kyle Cheney and Josh Gerstein | Published: 12/1/2020 Attorney General William Barr appointed U.S. attorney John Durham as a special counsel to investigate the origins of the […]
National/Federal
Barr Taps Durham as Special Counsel, Pushing Probe into Biden Era
Politico – Kyle Cheney and Josh Gerstein | Published: 12/1/2020
Attorney General William Barr appointed U.S. attorney John Durham as a special counsel to investigate the origins of the FBI’s probe of Russian interference in the 2016 election. The appointment formalizes Durham’s ongoing probe but more significantly, would give Durham latitude to continue the politically explosive investigation after President-elect Joe Biden takes office in January. Democrats have long viewed Durham’s efforts as political payback by President Trump and his allies, seeking to deflect from evidence the Trump campaign capitalized on the Kremlin’s efforts.
Biden’s Choice for Pentagon Faces Questions on Ties to Contractors
New York Times – Eric Lipton, Kenneth Vogel, and Michael LaForgia | Published: 12/8/2020
Raytheon Technologies makes fighter jet engines, weapons, high-tech sensors, and dozens of other military products. Retired Gen. Lloyd Austin III of the Army, a member of Raytheon’s board, has been named by President-elect Joe Biden to be the next secretary of defense. Raytheon is not Austin’s only link to military contractors. He has also been a partner in an investment firm that has been buying small defense firms. The decision to nominate Austin has drawn a new wave of questions about the corporate ties of people Biden is choosing for his administration. Those ties are especially relevant when it comes to the Pentagon, which spends hundreds of billions of dollars every year on weapons and other supplies.
Conservative Nonprofit Group Challenging Election Results Around the Country Has Tie to Trump Legal Adviser Jenna Ellis
MSN – John Swain, Rosalind Helderman, Josh Dawsey, and Tom Hamburger (Washington Post) | Published: 12/7/2020
A conservative legal organization that has filed lawsuits challenging the election results in five states has a tie to President Trump’s legal team, raising questions about the independence of what has appeared to be an endeavor separate from the president’s last-gasp legal maneuvering. Senior Trump campaign legal adviser Jenna Ellis serves as special counsel to the Thomas More Society, which has filed lawsuits through the newly formed Amistad Project alleging problems with the vote in Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin. Her affiliation with the organization, as well as other links between Trump’s team and the conservative group, suggest a coordinated effort to flood the nation’s courts with repetitive litigation that allows the president to claim the election results remain contested.
Could Trump Pardon Family Members and Other Close Associates? His Prior Pardons May Set the Stage for More
USA Today – David Jackson, John Fritze, and Kevin Johnson | Published: 12/4/2020
As President Trump weighs granting pardons to close associates – and perhaps family members and even himself – experts said he may not pay much of a political price, no matter whom the recipients are. The number of pardons with a political sheen that Trump has signed, along with the unorthodox way he has wielded the power, may have desensitized the public to the issue. The reaction to former national security advisor Michael Flynn’s pardon, though muted, underscored the president’s broad clemency powers are increasingly viewed, like much else, along partisan lines: Democrats express outrage, and supporters of Trump cheer. That division, several experts said, may partly explain why some Americans shrug their shoulders.
EU Lobby Register Falls Short of Transparency Demands
Politico – Cristina Gonzalez | Published: 12/8/2020
It was hailed as a victory when negotiators from the European Parliament, Commission, and the Council found compromise on establishing a joint mandatory lobby register, but the definition of “mandatory” remains to be seen. The provisional agreement, which must still be approved by the respective institutions, sets out to make it compulsory for lobbyists to be registered in the European Union’s Transparency Register to carry out certain activities like meeting with top officials. But there is nothing explicitly mandatory in the compromise text. Instead, it gives each institution the license to individually interpret what it means, “and to define the activities that they decide to make conditional upon registration in the register,” the compromise reads. Now, each institution must outline its view in a forthcoming joint political statement.
GOP Women’s Record-Breaking Success Reflects Party’s Major Shift on Recruiting and Supporting Female Candidates
Washington Post – Rachael Bade | Published: 12/7/2020
There are 17 newly elected Republican women who will give the party a record number of female lawmakers in Congress, the results of a successful strategy of recruiting and supporting women running for office. Of the 13 Democratic incumbents who lost their seats on election night, Republican women were responsible for defeating 10. In January, Republicans will welcome their most ethnically diverse and gender-diverse freshman class in history as women and lawmakers of color join their predominantly White and male ranks. The recruitment effort behind their success reflects a major shift.
Justice Department’s Interest in Hunter Biden Covered More than Taxes
Politico – Ben Schreckinger | Published: 12/9/2020
The federal investigation into President-elect Joe Biden’s son has been more extensive than a statement from Hunter Biden indicates, according to a person with firsthand knowledge of the probe. Hunter Biden said he had been contacted about a tax investigation out of the U.S. attorney’s office in Delaware. The securities fraud unit in the Southern District of New York also scrutinized Hunter Biden’s finances, according to the source. The person said as of early last year, investigators in Delaware and Washington, D.C. were probing potential money laundering and Hunter Biden’s foreign ties. In addition to the probe into Hunter Biden, federal authorities in Pennsylvania are conducting a criminal investigation of a hospital business in which Joe Biden’s brother James was involved.
Murdoch’s Son and Daughter-in-Law Spent Millions on Progressive Causes in 2020 Cycle
Center for Responsive Politics – Ollie Gratzinger | Published: 12/4/2020
The Murdoch name has come to be associated largely with right-leaning politics, as Rupert Murdoch, the media mogul who owns Fox News and other outlets spanning three continents, has built a family dynasty based largely on conservatism. But Kathryn and James Murdoch, daughter-in-law and youngest son of the news tycoon, are forging a new reputation for the Murdoch name, contributing heavily this cycle to progressive political groups, including super PACs supporting President-elect Joe Biden. James Murdoch resigned from his position at Fox last July over “disagreements over certain editorial content.”
Neera Tanden, Biden’s Pick for Budget Chief, Runs a Think Tank Backed by Corporate and Foreign Interests
MSN – Yeganeh Torbati and Beth Reinhard (Washington Post) | Published: 12/5/2020
Now that President-elect Joe Biden picked Neera Tanden to run the Office of Management and Budget, her ties to some of the most powerful players in the U.S. economy are drawing scrutiny from advocates for accountability in government. Tanden would have a hand in policies that touch every part of the economy after years spent courting corporate and foreign donors at the think tank Center for American Progress. Between 2014 and 2019, the center received at least $33 million in donations from firms in the financial sector, private foundations primarily funded by wealth earned on Wall Street. Critics also argued the hundreds of hours of relationship-building that goes into securing large donations from corporations and wealthy people give private interests the opportunity to influence the views of Tanden and others in her position.
Senate Restores FEC as Agency Confronts Massive Backlog of Cases
Center for Responsive Politics – Karl Evers-Hillstrom | Published: 12/9/2020
The U.S. Senate confirmed three new members of the FEC, giving the campaign finance regulator a full slate of six commissioners for the first time since February 2017. Senators confirmed Sean Cooksey, Allen Dickerson, and Shana Broussard, who will be the agency’s first Black commissioner in its 45-year history. The FEC faces a backlog of 388 enforcement cases. Broussard said during a Senate Rules Committee meeting that she would prioritize addressing important cases set to expire due to the agency’s statute of limitations. Commissioners are also tasked with changing outdated rules.
Steakhouses, Hill Bars and Ski Trips: GOP carries on amid the pandemic
Politico – Sarah Ferris, Melanie Zanona, and Daniel Lippman | Published: 12/7/2020
It is not just the White House flouting pandemic rules to mark Washington, D.C.’s schmooziest season. Some corners of the GOP, including members of Congress, are refusing to let the coronavirus intrude on their holiday gatherings and in-person fundraisers, whether it is on the slopes of Utah or in the steakhouses of Washington. Meanwhile, discussions are underway about holding the Conservative Political Action Conference in person early next year. The event planning comes as the nation is battered by another surge in coronavirus cases, prompting a fresh round of warnings from public health experts to avoid group settings, particularly indoors. And it underscores the resistance by many in the GOP, led by President Trump, to adjust to the new normal of the pandemic.
Supreme Court Denies Trump Allies’ Bid to Overturn Pennsylvania Election Results
MSN – Robert Barnes and Elise Viebeck (Washington Post) | Published: 12/8/2020
The U.S. Supreme Court denied a last-minute attempt by President Trump’s allies to overturn the election results in Pennsylvania, a blow to the president’s continuing efforts to reverse his loss to Joe Biden. The court’s brief order denying a requested injunction provided no reasoning, nor did it note any dissenting votes. It was the first request to delay or overturn the results of the presidential election to reach the court. The lawsuit was part of a blizzard of litigation and personal interventions Trump and his lawyers have waged to overturn victories by Biden in a handful of key states. Texas Attorney General Ken Paxton filed a sweeping complaint that asked the court to overturn Biden’s wins in the swing states of Pennsylvania, Michigan, Wisconsin, and Georgia.
Women Make Record-Breaking Gains Across State Legislatures
The Hill – Julia Manchester | Published: 12/8/2020
Women broke barriers in state Legislature races across the country in November, with a record number of women from both parties winning their races at the state level. According to the Center for American Women and Politics at Rutgers University, women will hold more than 30 percent of seats in state Legislatures for the first time in American history. The gains women made at the state level this cycle appeared to have reflected the record gains women made at the federal level as well. For Republicans, this marks an improvement for a party that has struggled to recruit women to its ranks.
Canada
Canada – ‘Loophole’ in Civic Election Act Breeds Unfairness and Financial Secrecy, Experts Say
CBC – Angela King | Published: 12/5/2020
A section of Ontario’s Municipal Elections Act creates an unequal playing field, undermines transparency, and should be changed, election experts say. Concerns have been raised about a part of the legislation that allows a corporation to pay an employee while volunteering for a political campaign after a Toronto man revealed he was paid by a lobbying firm to help campaign for candidates in the 2018 civic election. Kevin Haynes said he felt like an “election hitman” when he was paid $20 per hour in cash by a major lobbying group to knock on doors for nine candidates, seven of whom won.
From the States and Municipalities
Alaska – FBI Questions Alaska Lawmakers on Topics Including Permanent Fund Dividend Votes
Anchorage Daily News – James Brooks | Published: 12/8/2020
The FBI has interviewed or sought to question at least 11 Alaska legislators this year, asking in at least some of the interviews whether any lawmakers received a financial benefit in exchange for their vote on the Permanent Fund dividend. Not all interviewed lawmakers would say what they were asked about, and it is not clear what the FBI is searching for. An interview may not mean a legislator is under investigation – several lawmakers said the FBI told them during the interviews that they were not personally under investigation. Uncertainty over the motive for the interviews is roiling lawmakers, particularly in the Senate, where Republicans are attempting to form a majority government.
Arizona – Arizona Legislature Shuts Down after Rudy Giuliani Possibly Exposed Lawmakers to COVID-19
MSN – Maria Polletta (Arizona Republic) | Published: 12/6/2020
The Arizona Legislature closed for a week “out of an abundance of caution” after Rudy Giuliani, President Trump’s personal attorney, possibly exposed several Republican lawmakers to COVID-19. Giuliani tested positive for the virus on December 6, less than a week after he visited Arizona as part of a multistate tour aimed at contesting 2020 election results. Giuliani had spent more than 10 hours discussing election concerns with Arizona Republicans, including two members of Congress and at least 13 current and future state lawmakers. He led the meeting maskless, flouting social distancing guidelines, and posing for photos.
Arizona – Judge Dismisses Dem Lawsuit Challenging Independent Redistricting Candidates
Arizona Mirror – Jeremy Duda | Published: 12/7/2020
Democratic legislative leaders’ lawsuit to disqualify two of the five finalists for independent chair of the state’s next redistricting commission fell flat after Maricopa County Superior Court Judge Janice Crawford ruled the disputed applicants did not violate the criteria set out in the Arizona Constitution. Crawford ruled Thomas Loquvam, an attorney for the utility company EPCOR, does not violate the constitution’s prohibition on lobbyists serving on the Independent Redistricting Commission, and gun store owner Robert Wilson meets the qualifications to serve as an independent.
California – L.A. Fines Former City Official, Company $45,000 for Lobbying Violations
MyNewsLA.com – Staff | Published: 12/8/2020
The Los Angeles Ethics Commission imposed a fine of $45,000 on Daniel Ahadian and nur Corporation for violating city lobbying laws. Ahadian is a former city official who worked with the Planning Department, and the sole owner of nur, a planning and land use consulting firm. Ahadian and nur admitted failing to register as lobbying entities and file quarterly disclosure reports from the first quarter of 2018 through the fourth quarter of 2019. Lobbying entities are required to register with the Ethics Commission and report their activities on a quarterly basis to help the public identify who is attempting to influence city action.
California – L.A.’s Ethics Commission Gets a New Boss: A 29-year employee of the watchdog agency
Yahoo News – Dakota Smith (Los Angeles Times) | Published: 12/8/2020
David Tristan, deputy executive director of the Los Angeles City Ethics Commission, was named as the new executive director of the commission, replacing Heather Holt, who faces term limits. Commissioner Jeff Daar cited Tristan’s decades of experience at the agency. “Obviously, he has a passion for the mission of the Ethics Commission,” Daar said. Rob Quan, an organizer with Unrig LA, a good-government advocacy group, described Tristan as extremely responsive. He described how advocates have called Tristan over the years to discuss a variety of topics, including campaign filings and broken links on the commission website.
California – Real Estate Developer Pleads Guilty in Sprawling L.A. Campaign Money Laundering Case
Los Angeles Times – David Zahniser and Emily Alpert Reyes | Published: 12/3/2020
Businessperson Samuel Leung pleaded guilty to one count of conspiracy to commit campaign money laundering, admitting he took part in a scheme to reimburse campaign donors between January 2009 and February 2015 – just as his apartment project was being reviewed and approved at Los Angeles City Hall. State law prohibits donors from making political contributions in the name of another person. The guilty plea came more than four years after a Los Angeles Times investigation revealed a sprawling network of more than 100 people and companies with direct or indirect ties to Leung made political donations totaling more than $600,000 while Leung’s project was under review. The project was approved in 2015.
Connecticut – Audit Finds Lax Oversight of Public Campaign Financing
CT Examiner – Emilia Otte | Published: 12/3/2020
For the last nine years, the State Election Enforcement Commission (SEEC) has failed to report the use of grant money financing candidates running for the Connecticut General Assembly, according to a recent audit. The SEEC is responsible for the Citizen’s Election Program, which gives grant money to campaigns for state Senate or House through the Citizen’s Election Fund, a pool of money that comes from the sale of abandoned property. By law, the SEEC must report annually on the amount of money in the fund and the number of people who have contributed to it. The commission is also required to present an analysis each cycle to the General Assembly of the amount of grant money issued, how campaigns have spent the money, and how much leftover money was returned to the fund.
Florida – Disgraced Republican Lawmaker Planted No-Party Candidate in Key Senate Race, Sources Say
Miami Herald – Ana Ceballos and Samantha Gross | Published: 12/3/2020
As the results for a key Florida Senate race appeared on television screens in an Irish pub, former Sen. Frank Artiles boasted he planted a no-party candidate in the race, which Republican Ileana Garcia won by 32 votes over incumbent Jose Javier Rodriguez. “That is me, that was all me,” Artiles boasted to a crowd at Liam Fitzpatrick’s restaurant, according to a person who was there. Artiles recruited Alexis (Alex) Rodriguez, a longtime acquaintance. The no-party candidate with the same surname as the incumbent Democrat had been a registered Republican until just before his qualifying papers were filed to make him a Senate candidate. Sources have indicated Artiles’ involvement in launching Rodriguez’s bid was extensive.
Florida – Florida Police Raid House of Fired Data Scientist Who Alleged State Manipulated Covid-19 Stats
MSN – Reis Thebault (Washington Post) | Published: 12/7/2020
Florida police with guns drawn raided the home of an ousted health department data scientist, searching Rebekah Jones’ computer, phone, and other hardware that supports the coronavirus website she set up after accusing the state of manipulating its official numbers. Law enforcement officials allege Jones may have also used the devices to hack into a health department website to send an unauthorized message to Florida emergency personnel, urging them to speak out against the state’s pandemic response. After her dismissal, Jones launched her own data portal, advertising it as independent alternative to the state dashboard. Now, Jones says, the Florida Department of Law Enforcement’s raid is an attempt to silence her work.
Florida – Florida Voters Barred Ex-Lawmakers from Lobbying for 6 Years, but Revolving Door Still Swings
MSN – Gary Roher (Orlando Sentinel) | Published: 12/7/2020
The “revolving door” between government and lobbying firms in Florida was supposed to end after voters approved a constitutional amendment in 2018 banning elected officials and agency heads from lobbying for six years after leaving their posts. But that amendment does not take effect until the end of 2022, meaning the movement will continue for another two years. Since the November election, three Florida lawmakers have taken jobs as lobbyists, and one state agency director left her position in October to lead a trade group for an industry she used to regulate.
Georgia – Savannah Council Accepts Apology Kesha Gibson-Carter Says She Didn’t Make
Savannah Morning News – DeAnn Komanecky | Published: 12/9/2020
Savannah City Council members who filed ethics complaints against fellow Alderperson Kesha Gibson-Carter said they were ready to forgive the alderwoman. An ethics board found Gibson-Carter had violated the city’s ethics code. The three said they were ready to move forward instead of pushing for the only remedy available, a reprimand or censure, since Gibson-Carter had apologized privately to City Manager Michael Brown. Gibson-Carter is adamant she had not apologized to anyone, including the city manager, and had no intentions to do so.
Illinois – Ex-State Sen. Martin Sandoval, Snared in Political Corruption Investigation, Dies of Coronavirus: Attorney
Chicago Sun-Times – Jon Seidel, Mark Brown, and Mitchell Armentrout | Published: 12/5/2020
Former Illinois Sen. Martin Sandoval, who became a crucial figure in a series of ongoing public corruption investigations early this year when he admitted taking hundreds of thousands of dollars in bribes, has died from COVID-19. The Senate’s former Transportation Committee chair also agreed to “cooperate in any matter in which he is called upon” by federal prosecutors. In November, prosecutors told a judge that Sandoval had “provided valuable cooperation that is expected to last at least several more months.” Now, legal experts say Sandoval’s death has the potential to complicate the aggressive probe of Illinois politics.
Iowa – Iowa’s Contact-Tracing Firm Helped Trump, Reynolds Campaigns
Associated Press News – Ryan Foley | Published: 12/4/2020
After facing a workforce shortage for months, Iowa awarded an emergency $2.3 million contact-tracing contract to a company that has worked for the campaigns of President Trump and Gov. Kim Reynolds and is owned by a Republican insider. The Iowa Department of Public Health selected MCI for the two-month contract out of 14 applicants, saying it submitted the best proposal and its political connections were not considered. MCI is owned by GOP donor Anthony Marlowe, who has boasted it played a key role in Trump’s 2016 victory and was among the state’s top backers of Trump’s reelection bid.
Kentucky – Woman Faces 3 Counts of Lying to FBI, Jury in Bribery Case Tied to Lexington Council
Lexington Herald-Leader – Beth Musgrave | Published: 12/4/2020
A Kentucky woman was indicted by a federal grand jury for lying to the FBI and making false statements about campaign contributions to Lexington council members during the investigation trial of a former real estate executive. Elizabeth Stormbringer was charged with three counts related to lying about whether she was reimbursed by former CRM Executive Timothy Wellman for campaign contributions she made to Lexington council members in 2018. Wellman had a project the council would consider. He was found guilty on 11 charges relating to obstructing a federal investigation into illegal contributions.
Michigan – ‘Unambiguous, Loud and Threatening’: Trump supporters protest at home of Michigan Secretary of State Jocelyn Benson
USA Today – Miriam Marini (Detroit Free Press) | Published: 12/6/2020
Dozens of protesters gathered in front of Michigan Secretary of State Jocelyn Benson’s home recently, shouting through megaphones against the certification of the election and demanding a forensic audit. A portion of the demonstration was broadcast live on Facebook. The protesters are seen walking up to Benson’s home, some wearing President Donald Trump paraphernalia and carrying American flags. Throughout the election, Trump circulated false conspiracies about election fraud in Michigan. Benson said the protesters gathered in front of her home as she and her four-year-old son were finishing putting up Christmas decorations, just when the two were preparing to watch “How the Grinch Stole Christmas.”
Missouri – Medical Marijuana Subpoena May Have Been Connected to Independence FBI Probe
Columbia News Tribune – Jason Hancock (Missouri Independence) | Published: 12/7/2020
Lyndall Fraker, director of medical marijuana regulation at the Missouri Department of Health and Seniors Services, testified a grand jury subpoena his agency received was likely connected to an FBI investigation in Independence. The revelation is the first indication of the target of the federal subpoena. The FBI questioned officials in Independence about a pair of contracts issued by the city council. One called for the city to pay a company $9.75 million to tear down a power plant. The bid was more than twice that of the other bidder. The other contract called for the city to pay nearly $1 million to purchase a golf club to build a solar farm with Gardner Capital. Days before the vote, PACs funded by Gardner made four $2,500 donations to Independence Mayor Eileen Weir, who has denied the donations were connected to her vote to endorse the project.
Nevada – Nevada Supreme Court Rejects Trump Campaign’s Appeal to Overturn Biden’s Win
MSN – Timothy Bella (Washington Post) | Published: 12/9/2020
The Nevada Supreme Court unanimously rejected an appeal from President Trump’s campaign to overturn the state’s election results, the latest loss in the president’s ongoing legal efforts to have states he did not win declare him victorious. The decision from the court came after a lower court gave a full-scale ruling against the Trump campaign’s efforts in the state. Nevada District Court Judge James Russell ruled there was no evidence supporting the claims of fraud and wrongdoing made by the campaign in a state that President-elect Joe Biden won by more than 33,000 votes.
New York – Election Reformers Love Ranked-Choice Voting, but NYC Immigrants See Doom
Courthouse News Service – Nina Pullano | Published: 12/9/2020
Some of New York City’s multinational communities say they are being left behind in the Board of Elections’ plans to implement ranked-choice voting, a system that lets voters choose multiple candidates in order of preference. These groups teamed up with local politicians in a complaint that asks a court to block the change. The complaint accuses the elections board of violating city charter requirements to implement ranked-choice voting in a timely manner, while also contending that the city’s software is not up to snuff and changes of this nature should not be contemplated during the Covid-19 pandemic. Paired with a failure to educate people on ranked-choice voting, the BLA Caucus says New Yorkers of color, seniors, and those who speak limited English are among 5 million voters in danger of disenfranchisement.
Ohio – Householder Dark Money Group Reputedly Broke Deal with AEP-Backed Nonprofit to Fund
MSN – Randy Ludlow and Marc Kovac (Columbus Dispatch) | Published: 12/5/2020
A board member of an American Electric Power-funded nonprofit said a separate group central in the nuclear plant bailout scandal appears to have used grants, including $550,000 newly disclosed in tax filings, for political purposes in violation of its agreement. J.B. Hadden, an attorney who serves on the board of Empowering Ohio’s Economy Inc., said the nonprofit’s grant agreement with Generation Now required the funding be used in compliance with IRS laws and for social welfare purposes only. Part of the agreement with Generation Now stated the money was not to be used “in furtherance of any political or campaign intervention activities.
Ohio – P.G. Sittenfeld Accepts Suspension from Cincinnati City Council After Arrest on Bribery Charges
MSN – Sharon Coolidge (Cincinnati Enquirer) | Published: 12/7/2020
Cincinnati City Councilperson P.G. Sittenfeld accepted a suspension from his seat, a process initiated by Ohio Attorney General Dave Yost after Sittenfeld was arrested on federal bribery charges. Sittenfeld is one of three council members arrested and accused of “pay-to-play” schemes this year and the second member of council to accept a state suspension, which bars them from working, but allows them to collect their salary. The city charter does not address what happens in the event an elected official is arrested or convicted on charges of corruption, something that would directly affect their ability to do their job. But state law allows for the suspension of an elected official in the event of an arrest.
Ohio – Should an Ex-FirstEnergy Lobbyist Lead the Hunt for Ohio’s Next Utility Regulator? Consumer Advocate Asks
MSN – Jessie Balmert (Cincinnati Enquirer) | Published: 12/3/2020
Consumer advocates question whether a former FirstEnergy lobbyist should lead the effort to replace ex-Public Utilities Commission of Ohio Chairperson Sam Randazzo, who resigned after the FBI searched his property and a filing implied he received $4 million to terminate “a purported consulting agreement” with FirstEnergy. A nominating council is led by Michael Koren, a former FirstEnergy lobbyist. Koren lobbied for the company when House Bill 6 to subsidize FirstEnergy’s nuclear plants in Ohio was introduced. The bill is at the heart of a corruption scandal allegedly involving FirstEnergy.
Pennsylvania – Firm Ran Pa. Senator’s Campaign and Worked with Super PAC to Attack Opponent, but Denies Coordination
Spotlight PA – Sam Janesch (The Caucus) and Angela Couloumbis | Published: 12/8/2020
In the closing days of this year’s election, an ad attacking Democrat George Scott appeared in his race for the Pennsylvania Senate against incumbent John DiSanto, which was paid for by the Republican State Leadership Committee (RSLC). Direct coordination between groups like the RSLC, which run super PACs, and campaigns is forbidden. To create the ad, the group turned to a middleman, the same firm running DiSanto’s campaign: Red Maverick Media, headed by strategist Ray Zaborney. No one has accused Zaborney’s firm or RSLC of wrongdoing. But watchdogs and campaign finance experts said the arrangement is another example of how weak state and federal campaign finance rules, combined with meager oversight, create gray areas and loopholes.
Pennsylvania – Trump Asks Pennsylvania House Speaker for Help Overturning Election Results, Personally Intervening in a Third State
MSN – Amy Gardner, Josh Dawsey, and Rachael Bade (Washington Post) | Published: 12/7/2020
President Trump called the speaker of the Pennsylvania House twice to make an extraordinary request for help reversing his loss in the state, reflecting a broadening pressure campaign by the president and his allies to try to subvert the 2020 election result. The president’s outreach to Pennsylvania’s Republican House leader came after his campaign and its allies decisively lost numerous legal challenges in the state in both state and federal court. Trump has continued to press his baseless claims of widespread voting irregularities both publicly and privately.
Tennessee – Rutherford Mayor Bill Ketron Faces Audit Hearings on Campaign Finance Violation Accusations
MSN – Scott Broden (Murfreesboro Daily News Journal) | Published: 12/7/2020
Rutherford County Mayor Bill Ketron will face audit hearings in 2021 on campaign finance accusations. The Tennessee Registry of Election Finance approved staff audits of Ketron’s state senate and Quest PAC accounts between January 2018 and July 2019. Another pending audit of Ketron’s mayoral campaign finance account is expected to be done by February. The registry issued subpoenas in 2019 while the mayor’s daughter, Kelsey Ketron, faced insurance fraud charges as part of an indictment pertaining to her job with the family-owned insurance company. Kelly Ketron served as treasurer during his campaigns, and indictments accused her of pocketing over $65,000 from her father’s political funds.
Texas – California-Based Independent Voter Project Hosts Trip to Hawaii for State Legislators, Raising Ethics Filing Probe
The Center Square – Bethany Blankley | Published: 12/9/2020
A California-based organization paid for roughly 100 legislators from four states, including Texas, to attend a four-day fundraising event in Hawaii. The Independent Voter Project (IVP) is a 501(c)3 organization created to “re-engage nonpartisan voters and promote nonpartisan election reforms through initiatives, litigation, and voter education.” Despite Hawaii’s stringent lockdown, IVP received special permission to hold a conference with more than the 12-person limit. The Dallas Morning News found that over the last three years of IVP hosting this trip, potential financial disclosure violations exist for Texas lawmakers who attended.
Texas – Texas Senate Affairs Committee Holds Hearing on Taxpayer-Funded Lobbying
The Center Square – Bethany Blankley | Published: 12/9/2020
Each year, local governments in Texas spend tens of millions of taxpayer dollars on lobbyists whose job it is to persuade state lawmakers to allow for bigger government. It is a practice some legislators say must end. The Senate Affairs Committee held a hearing on the issue of taxpayer-funded lobbying at the Capitol. State Sen. Bob Hall filed legislation to end the practice after a companion bill was filed in the House. Hall said at the meeting that taxpayer-funded lobbying has been used to work against taxpayers. Tom Forbes, president of the Professional Advocacy Association of Texas, said if the Legislature were to ban the practice next year, taxpayer-funded lobbying would continue, it just would not be as visible and would operate in the shadows.
Washington DC – Ivanka Trump Confirms She Was Questioned by the D.C. Attorney General’s Office Over Inaugural Committee Spending
MSN – Jacqueline Alemany and David Fahrenthold (Washington Post) | Published: 12/2/2020
Ivanka Trump said she was questioned for more than five hours by investigators from the District of Columbia attorney general’s office, which has accused President Trump’s Inaugural Committee of wasting donating money on an overpriced ballroom at the president’s hotel in the city. In early 2017, when the Inaugural Committee booked ballrooms at the hotel, that meant the president was effectively on both sides of the transaction: his committee paid his hotel, using donors’ money. Attorney General Karl Racine said the committee and the hotel took advantage of that arrangement.
November 6, 2020 •
News You Can Use Digest – November 6, 2020
National/Federal A Government Watchdog Says White House Chief of Staff Mark Meadows Spent Campaign Funds on Personal Expenditures Business Insider – Yelena Dzhanova | Published: 10/31/2020 Citizens for Responsibility and Ethics in Washington (CREW) is calling for an investigation into White […]
National/Federal
A Government Watchdog Says White House Chief of Staff Mark Meadows Spent Campaign Funds on Personal Expenditures
Business Insider – Yelena Dzhanova | Published: 10/31/2020
Citizens for Responsibility and Ethics in Washington (CREW) is calling for an investigation into White House Chief of Staff Mark Meadows after accusing him of misusing thousands of dollars in campaign funds. CREW identified personal expenditures made by Meadows’ campaign after he resigned from Congress. On the same day as Meadows’ official resignation from Congress, his campaign spent $2,650 on jewelry in Washington, the complaint says. The campaign continued to use its funds after the former representative announced his retirement from Congress, spending over $6,500 at various restaurants and establishments, including at the Trump International Hotel.
Congressional Democrats’ High Hopes Dashed as GOP Clings to Senate Majority, Scores Unexpected Gains in the House
Washington Post – Paul Kane, Rachael Bade, and Seung Min Kim | Published: 11/4/2020
Congressional Democrats began a period of reckoning after another political debacle left them suffering losses to their House majority and clinging to a narrow path to Senate control, a stark contrast to the strong optimism of a “blue wave” that would repudiate President Trump and his allies on Capitol Hill. In the highly anticipated ¬Senate matchups, Republicans scored easier-than-expected victories in Iowa, Kansas, Texas, Maine, Montana, and South Carolina while establishing narrow but steady leads in Georgia and North Carolina. House Democrats struggled to come to grips with how they managed to lose seats after Speaker Nancy Pelosi and party strategists predicted gains of 10 or more that would give them commanding control over the chamber. Instead, they appear to be headed to the smallest House majority in 18 years.
Cruz Fights to Get Back Money He Loaned Campaign
Courthouse News Service – Megan Mineiro | Published: 10/28/2020
U.S. Sen. Ted Cruz is calling on a federal court panel to strike down an FEC rule limiting post-election contributions to pay back money he loaned his 2018 campaign. Cruz gave two loans to his campaign in the last run for reelection. The donations totaled $260,000, $5,000 from his personal bank accounts and $255,000 originating from a loan on personal assets. But a campaign finance law caps the amount of money a campaign committee can repay a candidate for personal loans at $250,000. Cruz sued, accusing the FEC of limiting the First Amendment right to political speech for candidates, their campaign committees, and donors by setting a time limit on donations and on a candidate’s ability to spend personal funds for campaign speech.
Florida Businessman Pleads Guilty in Fraud Case Involving Giuliani Associates
Politico – Josh Gerstein | Published: 10/29/2020
A Florida entrepreneur is the first defendant to plead guilty in a campaign finance and business fraud case involving associates of Rudy Giuliani. David Correia pleaded guilty to two felony counts: one of making false statements to the FEC and one of conspiracy to commit wire fraud. The case against Correia and three other men – Lev Parnas, Igor Fruman, and David Kukushkin – has drawn widespread attention because Parnas and Fruman worked closely with Giuliani on various issues related to Ukraine. The indictment says the men used foreign money to influence American political campaigns to benefit their business ventures and to encourage then-U.S. Ambassador to Ukraine Marie Yovanovitch’s ouster.
GOP Holds Line in State Legislatures, Dealing Blow to Democrats
The Hill – Reid Wilson | Published: 11/4/2020
Democratic hopes of claiming control of state legislative chambers across the nation crashed into an immovable Republican wall in key states, a substantial blow to the party’s chances of wielding more influence in the decennial redistricting process ahead. Election results appear to show Republicans picked up enough seats to win control of at least two legislative chambers, the New Hampshire Senate and the Alaska House, where Republicans appear to be in a position to break a bipartisan coalition that ran the House for the last two years. Thousands of ballots are left to be counted, and Democrats still have a chance in Arizona, Pennsylvania, and Michigan.
How ActBlue Has Transformed Democratic Politics
Politico – Elena Schneider | Published: 10/30/2020
Democrats have buried Republican opponents under an avalanche of campaign ads, fueled by billions of dollars donated this year through ActBlue, the online fundraising processor for Democratic campaigns. Their wild success in 2020 has reshaped the way candidates not only raise money but campaign for office, building a culture of contributions as civic engagement that has grown into an overwhelming force. Republicans have tried to match it, but they still lag behind. Amid all the once-in-a-lifetime features of this election, the explosion of online fundraising may be the one that truly transforms politics over time.
How the NFL’s Gridiron PAC Uses Influence in Washington
ESPN – Michael Rothstein | Published: 10/29/2020
In 2007, National Football League Commissioner Roger Goodell, the son of a former U.S. senator, sought to strengthen the league’s political influence. He boosted lobbying efforts, increasing NFL expenditures to more than $1 million that year for the first time. He opened a Washington, D.C.-based office and hired Jeff Miller to be its first in-house lobbyist. A year later, with a $5,000 donation from Goodell and $2,500 from league employee Joe Browne, the NFL borrowed a play from Major League Baseball by starting its own PAC. Since then, the league has maintained the office, continued its work with lobbying firms and has exceeded seven figures in lobbying efforts every year except for 2017. It is on pace to do so again this year.
Mueller Investigated Julian Assange, WikiLeaks, and Roger Stone for DNC Hacks
BuzzFeed News – Jason Leopold and Ken Bensinger | Published: 11/2/2020
Prosecutors investigated Julian Assange, WikiLeaks, and Roger Stone for the hacking of Democratic National Committee (DNC) servers as well as for possible campaign finance violations, but ultimately chose not to charge them, newly released portions of special counsel Robert Mueller’s report reveal. Although Wikileaks published emails stolen from the DNC in 2016 and Stone, a close associate to Donald Trump, appeared to know in advance the materials were coming, investigators “did not have sufficient evidence” to prove active participation in the hacks or knowledge the electronic thefts were continuing. Prosecutors could not establish the hacked emails amounted to campaign contributions benefitting Trump’s election chances and felt their publication might have been protected by the First Amendment.
The FEC Says Jill Stein, Who Raised $7.3 Million to Recount the 2016 Election, Owes Them More Than $66,000 for Campaign Finance Violations
Business Insider – Charles Davis | Published: 10/29/2020
The Green Party’s Jill Stein raised millions of dollars to recount the 2016 presidential election, promising her donors, mostly liberals grappling with Donald Trump’s shock win in the Electoral College, transparency and direct democracy. But instead of verifying the outcome of the election, a majority of the $7.3 million that Stein raised for counting votes went to salaries for her core campaign staff, who were kept on for another three years, lawyers for Stein’s personal legal defense in the U.S. Senate’s Russia investigation, and tens of thousands of dollars in fines levied by the FEC. The Stein campaign is now out of money, still owing tens of thousands of dollars to the FEC for failing to disclose how it was spending donations.
Top FEC Official’s Undisclosed Ties to Trump Raise Concerns Over Agency Neutrality
ProPublica – Mike Spies and Jake Pearson | Published: 10/28/2020
Debbie Chacona oversees the division of the FEC that serves as the first line of defense against illegal flows of cash in political campaigns. Its dozens of analysts sift through billions of dollars of reported contributions and expenditures, searching for any that violate the law. The work of Chacona, a civil servant, is guided by a strict ethics code and long-standing norms that employees avoid any public actions that might suggest partisan leanings. But Chacona’s open support of President Trump and her close ties to former FEC member Donald McGahn, who went on to become the 2016 Trump campaign’s top lawyer, have raised questions among agency employees and prompted at least one formal complaint.
Trump Campaign Mounts Challenges in Four States as Narrow Margins Raise Stakes for Battles Over Which Ballots Will Count
MSN – Elise Viebeck, Robert Barnes, Tom Hamburger, and Rosalind Helderman (Washington Post) | Published: 11/4/2020
President Trump’s reelection campaign said it would launch a legal blitz to try to halt vote-counting in Pennsylvania and Michigan, would seek a recount in Wisconsin, and challenged the handling of ballots in Georgia, threatening to draw out the final results of the White House contest. The campaign’s aggressive legal posture while the presidential race remains unresolved underscored how the close margins in key states have raised the stakes for litigation over which ballots will count. It comes after Trump, who has repeatedly made unsubstantiated claims of fraud in the election, pledged to get the courts to determine its outcome. Democrats said they were unfazed by what they said was legal posturing by the president’s campaign.
U.S. Supreme Court Hands Narrow Win to Black Lives Matter Activist Over Protest Incident
Reuters – Lawrence Hurley | Published: 11/2/2020
The U.S. Supreme Court sided with Black Lives Matter activist DeRay McKesson in his ongoing effort to avoid a lawsuit filed by a police officer injured during a 2016 protest in Louisiana triggered by the police killing of a Black man. The justices threw out a lower court ruling that had allowed the lawsuit to proceed and said more analysis was needed on whether state law allows for such a claim. The officer sued the Black Lives Matter organization and McKesson seeking monetary damages over an incident at protest in Baton Rouge. The negligence lawsuit argued McKesson should have known violence would result from his actions leading the protest, which was one of many around the country that year.
Canada
Canada – Ethics Commissioner Clears Morneau of Accepting Gift from WE Charity
CTV – Joan Bryden (Canadian Press) | Published: 10/29/2020
Canada’s ethics watchdog cleared former Finance Minister Bill Morneau of failing to disclose a gift from WE Charity. In a letter to Morneau, ethics Commissioner Mario Dion said he accepts that the former minister “genuinely believed” he had paid for the entire cost of two trips he and family members took in 2017 to view WE’s humanitarian projects in Ecuador and Kenya. As soon as Morneau became aware last summer that WE had covered $41,000 worth of expenses for the trips, Dion says he reimbursed the charity. Morneau reimbursed the money shortly before testifying on the matter at the House of Commons Finance Committee in July.
Canada – Ethics Committee Debates New Motion That Could Relaunch Study into WE Charity Scandal
MSN – Christopher Nardi (National Post) | Published: 11/2/2020
The House of Commons ethics committee is making a third attempt at examining conflicts of interest in the government’s response to the COVID-19 pandemic, after two tries to probe Prime Minister Justin Trudeau’s relationship with WE Charity each failed by one vote. The committee began debating a motion to study possible conflicts-of-interest and lobbying violations in relation to pandemic spending, and specifically the deal with WE Charity to manage a student volunteering program worth hundreds of millions of dollars.
From the States and Municipalities
Arizona – After Waymo Moved Business to State, Ducey Pressed for Its Google Affiliate to Get a $24M, No-Bid Contract
USA Today – Craig Harris (Arizona Republic) | Published: 11/2/2020
Alphabet, best known as the parent company of Google, brought its Waymo subsidiary to Arizona to take advantage of Gov. Doug Ducey’s executive order that allowed self-driving cars to operate on public roadways in the state. When Arizona was looking for a new email and communication system, the Department of Administration, at the urging of the governor’s office, awarded a no-bid contract to Google. The deals follow a pattern. The Arizona Republic has found that either Ducey or his staff have been involved in at least a half dozen transactions in which the administration distributed contracts or financial rewards to businesses and nonprofit groups friendly to the governor. In turn, Ducey received campaign contributions from their employees or positive media coverage tied to the organizations’ actions.
Arizona – Judge Won’t Delay Appointments to Arizona’s Redistricting Panel Despite Lawsuit
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 10/29/2020
A judge declined to delay appointment of more members to Arizona’s Independent Redistricting Commission while she hears arguments about whether two of the nominees are legally qualified to serve. Maricopa County Superior Court Judge Janice Crawford said the Commission on Appellate Court Appointments, which made the nominations, had a chance to investigate the backgrounds of all the applicants, including the two that top Democratic lawmakers contend are ineligible. Crawford said the Democrats are belatedly asking her to bring the process to a temporary halt and set aside constitutionally set deadlines for making appointments, which she is unwilling to do.
Arkansas – 2 Issues on State Ballot Approved by Voters
Arkansas Democrat-Gazette – Michael Wickline | Published: 11/4/2020
Arkansas voters approved a constitutional amendment that will end lifetime term limits for state lawmakers. But they rejected a proposed constitutional amendment that would have made it more difficult for citizen groups to qualify ballot measures for general election ballots and increased the voting threshold for the state Legislature to refer proposed constitutional amendments to voters.
California – FBI Raids Compton Councilman’s Home, Baldwin Park City Attorney’s Office in Pot Inquiry
Los Angeles Times – Adam Elmahrek and Ruben Vives | Published: 11/3/2020
FBI agents served search warrants at the home of Compton City Councilperson Isaac Galvan and the law offices of Baldwin Park City Attorney Robert Tafoya, part of a federal investigation examining Baldwin Park’s dealings with cannabis businesses, according to sources. The raids come amid controversy over Baldwin Park’s approval of licenses for cultivation, distribution, manufacturing, and testing cannabis. In September, a former Baldwin Park police officer said in a sworn declaration he had received complaints from three cannabis operations alleging “questionable business practices, which included paying as much as $250,000 cash in a brown paper bag to city officials.”
Colorado – Aurora City Council Passes Sweeping Campaign Finance Reform
Denver Gazette – Hannah Metzger | Published: 11/4/2020
The Aurora City Council passed a campaign finance reform ordinance, increasing transparency and limiting money in the city’s local elections. The ordinance limits donations from individuals and committees to $1,000 in at-large and mayor races and $400 for city council wards. It also bans contributions from “artificial persons” and increases transparency of donations and enforcement of regulations. The ordinance goes into effect on January 1.
Colorado – Judge Denies Advocacy Group’s Attempt to Suspend Colo. Campaign Finance Enforcement
Colorado Politics – Michael Karlick | Published: 10/29/2020
A federal judge denied a conservative advocacy group’s request to halt campaign finance investigations against committees that advocate for or against ballot initiatives. Colorado law requires organizations whose major purpose is campaigning on ballot initiatives to register an issue committee if they have accepted or expended more than $200. Committees that accept or spend more than $5,000 in an election cycle must also disclose their donors and the nature of their spending. The Colorado Union of Taxpayers and the Colorado Stop the Wolf Coalition filed a complaint claiming the registration requirement was unconstitutional, and the First Amendment “gives all Americans the right to speak freely on matters of public concern without obtaining government blessing or fearing government penalty.”
Georgia – DeKalb County Voters Overwhelmingly Vote to Empower County Ethics Board
Decaterish.com – Dan Wisenhunt | Published: 11/5/2020
DeKalb County voters on November 3 approved a reform measure affecting the appointment process for the county’s Ethics Board, giving an agency that had been hobbled for the last two years new life. The measure voters approved does not give the county chief executive officer an appointment to the board or give the CEO power to review the board’s policies and procedures. County employees can still take concerns directly to the board. The position of ethics officer remains intact with the power to investigate violations. The biggest change is the appointment process that undermined the board in 2018.
Hawaii – Retired Hawaii Official Fined $5K for Accepting Free Meals
Associated Press News – Staff | Published: 10/29/2020
Tian Xiao, a former top examiner for the Hawaii Department of Commerce and Consumer Affairs, was fined $5,000 by the state Ethics Commission for accepting free meals from a vendor he oversaw. Xiao accepted about $654 worth of meals, including dinner for himself and his wife at the upscale Nobu Honolulu restaurant. Xiao allegedly violated the state’s gift law by accepting four meals from vendor Risk & Regulatory Consulting in August and October 2018 and July and September 2019, the commission said.
Indiana – Indiana’s Speaker of the House Is Registered as a Lobbyist in New York City
Indianapolis Monthly – Adam Wren | Published: 10/30/2020
Indiana Speaker of the House Todd Huston is registered as a lobbyist for the College Board in New York City and has been since 2015, according to a review of public records, though Huston claims to have never actually lobbied on behalf of his employer. Huston was not aware of his registration status until within the last several weeks, and so did not disclose it to the Indiana House Ethics Committee. “I have not and do not lobby,” Huston said in a statement. “Additionally, at my request, there is an organizational firewall in place to ensure I am not involved in any of my employer’s matters involving the state of Indiana.”
Kansas – Kansas State Parties Didn’t Disclose Which Candidates They’re Backing and Attacking
Wichita Eagle – Chance Swaim | Published: 10/30/2020
The Kansas Democratic and Republican party committees likely violated state campaign finance law by failing to disclose which candidates they are backing and attacking with more than $1.7 million in mailers this election cycle. Neither party has correctly reported its spending since 2010, when both parties clearly identified which candidates that they were boosting with campaign mail, a Wichita Eagle analysis found. In the past decade, both major state parties stopped reporting information that is required by state law.
Maryland – Baltimore County Voters Move Toward Public Matching Fund for Candidates
Maryland Matters – Bennett Leckrone | Published: 11/5/2020
Preliminary election results showed voters signed off on creating an election fund that would match small donations for local candidates in Baltimore County, a measure advocates say would create fairer elections. The charter amendment would create a Citizens’ Election Fund system in the county, establishing a public trust that, starting in 2026, would match small donations for county council and county executive candidates. It also would establish a commission within the county that would determine details and provide for funding of the program. Participation would be voluntary for candidates.
Maryland – Following Pugh Scandal, UMMS Seeks a ‘Fresh Start’ in Implementing Auditor-Recommended Ethics Changes
Yahoo News – Ben Leonard (Baltimore Sun) | Published: 10/29/2020
The University of Maryland Medical System (UMMS) implemented dozens of recommendations from auditors relating to board governance and conflicts-of-interest a year after a high-profile scandal involving ex-Baltimore City Mayor and former system board member Catherine Pugh. Lawmakers asked the Office of Legislative Audits to investigate UMMS after it was reported that one-third of the 30-member board had contracts with the system, including Pugh. The system paid Pugh $500,000 for 100,000 copies of her “Healthy Holly” children’s books. Pugh later pleaded guilty to conspiracy and tax evasion charges related to the deal.
Mississippi – Mississippi Approves Flag with Magnolia, ‘In God We Trust’
Associated Press News – Emily Wagster Pettus | Published: 11/4/2020
Mississippi will fly a new state flag with a magnolia and the phrase “In God We Trust,” with voters approving the design on November 3. It replaces a Confederate-themed flag that state lawmakers retired months ago as part of the national reckoning over racial injustice. Mississippi has been without a flag since late June, when legislators surrendered the last state banner in the U.S. that included the Confederate battle emblem. The rebel flag is widely condemned as racist.
Missouri – Amendment 3: Effort to overturn Clean Missouri redistricting poised to pass narrowly
Springfield News-Leader – Austin Huguelet | Published: 11/4/2020
Missouri voters reversed changes they made to the redistricting process two years ago by approving Amendment 3. The 2018 reform created a new demographer position to draft districts aimed at producing more competitive elections and a Legislature better reflecting the statewide vote. Now, the old bipartisan commissions will be back in charge with appellate judges backing them up if they deadlock. Amendment 3 also bans all gifts to lawmakers from most paid lobbyists and reduces the amount an individual ccan donate to a Missouri Senate candidate’s personal campaign committee.
New Jersey – Former Jersey City School Board President and Head of Re-Entry Organization Indicted by Feds
Newark Star Ledger – Patrick Villanova | Published: 11/2/2020
Sudhan Thomas, the former president of the Jersey City Board of Education and the ex-head of the city’s Employment and Training Program, was indicted on charges of embezzlement, money laundering, and fraud. Thomas is accused of embezzling $45,000 from JCETP, an organization receiving federal funds, as well as wire fraud and money laundering in connection with the JCETP theft. Thomas was also charged with wire fraud for embezzling money from his 2016 Jersey City school board campaign; wire fraud for embezzling money from his 2019 campaign; and bank fraud for stealing checks issued by and to another school board candidate’s campaign in 2018.
New York – Judge Rules Sterne Agee Analyst Complicit in NY Pension Pay-to-Play Scheme
Chief Investment Officer – Michael Katz | Published: 11/3/2020
A federal judge ruled John Paulsen, a former managing director at Sterne Agee & Leach, aided and abetted a “pay-to-play” scheme involving the $216.3 billion New York State Common Retirement Fund. U.S. District Court Judge Paul Gardephe found Navnoor Kang, the pension fund’s director of fixed income, used his position to solicit and receive improper entertainment from Paulsen and Deborah Kelley, a registered representative at the firm. In exchange for the entertainment, Kang directed a “significant amount” of state business to Sterne Agee, which generated “sizable commissions,” Gardephe said.
New York – State Elections Commissioner Held Another Role: Political party official
Albany Times Union – Chris Bragg | Published: 11/1/2020
About two months before Gregory Peterson resigned as a state Board of Elections commissioner last year, questions emerged about a potential conflict-of-interest. Since 2008, Peterson had served as one of two Republican-appointed commissioners on the four-person board, influential posts responsible for setting statewide elections policy and helping regulate candidates’ campaigns. Beginning in 2011, Peterson held another title: vice-chairperson of the Nassau County Republican Party, a political organization that works to elect GOP candidates on Long Island and is regulated by the Board of Elections. A provision of the Public Officers Law bars state government officials in policymaking roles from being an “officer, director, or board member of any party or political organization.”
North Dakota – North Dakota Voters Reject Measure 2 by Wide Margin
Grand Forks Herald – Jeremy Turley | Published: 11/4/2020
North Dakota voters rejected a ballot measure that would have given the Legislature a say in the process of amending the state constitution. Currently, petitioners can gather about 27,000 signatures from North Dakota residents, place a constitutional measure on the ballot, and if it passes, a change to the constitution must be made. Under Measure 2, the Legislature would have gotten the authority to reject a voter-approved constitutional measure and send the measure back to a public vote for final approval.
Ohio – 2 Ohio Political Operatives Plead Guilty in Bribery Probe
Associated Press News – Andrew Welsh-Huggins | Published: 10/29/2020
Jeffrey Longstreth and lobbyist Juan Cespedes pleaded guilty to racketeering charges involving the House Bill 6 scandal. Longstreth served as former Ohio House Speaker Larry Householder’s political strategist. Cespedes worked as a lobbyist for FirstEnergy Solutions, the former subsidiary of FirstEnergy that owned two nuclear power plants in Ohio. Longstreth and Cespedes were among five men charged in what federal prosecutors called the largest “pay-to-play” scandal in the state’s history involving the passage of a $1.3 billion bailout of the plants. An FBI affidavit said Householder and lobbyists Neil Clark and Matthew Borges, as well as Longstreth and Cespedes, accepted more than $60 million in bribes from FirstEnergy and its subsidiaries over a course of three years to push House Bill 6 and fight off a ballot initiative.
Ohio – Embattled Former Ohio House Speaker Easily Wins Re-Election
The Center Square – J.D. Davidson | Published: 11/4/2020
An indictment, an arrest, two guilty pleas, and a $60 million bribery scandal did not stop former Ohio House Speaker Larry Householder from returning to the statehouse. Householder, who faced opposition only from four write-in candidates, easily won re-election in a wide-ranging district that covers mostly rural areas in central and eastern Ohio but also includes some affluent and growing Columbus suburbs. In July, the House voted unanimously to strip Householder of his speakership after a federal indictment that charged him with bribery and racketeering connected to House Bill 6, a nuclear energy bailout bill that provided billions of dollars for two Ohio nuclear power plants.
Oregon – Oregon Opens Door for Campaign Finance Limits
OPB – Dirk VanderHart | Published: 11/3/2020
In a historic vote that presages the demise of some of the nation’s most permissive campaign finance rules, Oregon voters approved Ballot Measure 107. It amends the state constitution to permit campaign finance reform. The measure gives state and local governments the ability to enact laws that limit campaign contributions and expenditures and require their disclosure. It also would require political campaign advertisements to identify who pays for them.
Oregon – Portland Man Files Complaint to Enforce Oregon’s 2006 Campaign Contribution Limits
Spokane Spokesman-Review – Hillary Borrud (Portland Oregonian) | Published: 10/30/2020
A Portland advocate for limits on political donations has filed a complaint with the Oregon Secretary of State’s office seeking to enforce a 2006 voter-approved campaign finance law that capped donations from any one individual at $100 for most races. Ron Buel’s complaint focuses on a recent $150 donation by May 2020 Portland City Council candidate Seth Woolley to Woolley’s own PAC, but the complaint could have vast implications.
Oregon – Portland Mayor Ted Wheeler’s $150,000 Loan to His Own Campaign Wasn’t Illegal, City Auditor Says
Portland Oregonian – Everton Bailey Jr. | Published: 11/3/2020
Portland Mayor Ted Wheeler did not violate election rules by loaning his reelection campaign $150,000, City Auditor Mary Hull Caballero announced a few hours before the ballot dropoff deadline. Hull Caballero noted while Portland voters in 2018 approved campaign finance restrictions that included a $5,000 limit on candidates making personal loans to their campaigns, the Oregon Supreme Court in April deemed expenditure limits violated the First Amendment.
Tennessee – Tennessee Sen. Joey Hensley Put on Medical Probation for Unethical Opioid Prescriptions
The Tennessean – Brett Kelman | Published: 11/4/2020
A state medical board ordered professional probation for the medical license of Tennessee Sen. Joey Hensley, a punishment described by his attorney as “the death penalty” for Hensley’s decades-long career as a small town doctor. Hensley admitted to providing medical care and prescribing opioids and other controlled substances to several family members and a second cousin who was both his employee and his romantic partner. In some cases, Hensley did not document the prescriptions or take mandatory steps to prevent addiction or misuse.
Texas – City Ethics Commission Wrestles with Access During Pandemic
Austin Monitor – Elizabeth Pagano | Published: 11/2/2020
In its previous, pre-pandemic incarnation, the Austin Ethics Review Commission met in a back room of City Hall that was often jammed full of commissioners, accusers, defenders, and occasionally, reporters. Since March, however, it has been much harder to follow the work of the body tasked with reviewing ethics violations by city employees. Unlike some other commissions, meetings have not been broadcast. And those curious about the commission’s activities were not given an option to listen in. So, anyone interested in what was going on had one choice: wait a few days, and then check for an audio recording of the meeting. It is a situation that commissioners are hoping to change.
Virginia – In Va., Gun-Control Fight Gives Rise to Movement for County-Approved Militias
MSN – Gregory Schneider (Washington Post) | Published: 10/31/2020
Earlier this year, Campbell County’s board of supervisors officially recognized a self-proclaimed militia as an organization to “enhance the safety and security” of citizens and as a “barrier against a tyrannical government.” Bedford County followed suit and a similar resolution is being debated in Halifax County. Armed militia groups have formed throughout Virginia this year, an outgrowth of the “Second Amendment sanctuary” movement that swept county courthouses a year ago as a backlash against proposed gun control laws. Supporters say the militia members are simply citizens out to help their communities and the resolutions are symbolic, meant to send a message to Democrats who control state government that rural Virginia will not abide any efforts to restr5ict access to guns.
Wisconsin – Wisconsin Republican Party Says Hackers Stole $2.3 Million
Yahoo News – Scott Bauer (Associated Press) | Published: 10/29/2020
Hackers have stolen $2.3 million from the Wisconsin Republican Party’s account that was being used to help reelect President Trump in the state. GOP Chairperson Andrew Hitt said the hackers manipulated invoices from four vendors who were being paid for direct mail for Trump’s reelection efforts as well as for pro-Trump material such as hats to be handed out to supporters. Invoices and other documents were altered so when the party paid them for the services rendered, the money went to the hackers instead of the vendors, Hitt said.
November 4, 2020 •
New Jersey Voters Approve Delay of Redistricting Schedule
New Jersey voters approved Question 3, a resolution proposing to delay the legislative redistricting schedule due to the collection of census data. The COVID-19 pandemic has caused the United States Census Bureau to delay its procedures for collecting census data. […]
New Jersey voters approved Question 3, a resolution proposing to delay the legislative redistricting schedule due to the collection of census data.
The COVID-19 pandemic has caused the United States Census Bureau to delay its procedures for collecting census data.
The approved constitutional amendment requires the Apportionment Commission to delay its adoption of new legislative districts until after the November 2021 election, if the United States Census Bureau does not provide the governor the redistricting census data by February 15, 2021.
November 2, 2020 •
Monday’s LobbyComply News Roundup
Campaign Finance National: “Top FEC Official’s Undisclosed Ties to Trump Raise Concerns Over Agency Neutrality” by Mike Spies and Jake Pearson for ProPublica National: “Cruz Fights to Get Back Money He Loaned Campaign” by Megan Mineiro for Courthouse News Service […]
Campaign Finance
National: “Top FEC Official’s Undisclosed Ties to Trump Raise Concerns Over Agency Neutrality” by Mike Spies and Jake Pearson for ProPublica
National: “Cruz Fights to Get Back Money He Loaned Campaign” by Megan Mineiro for Courthouse News Service
Colorado: “Judge Denies Advocacy Group’s Attempt to Suspend Colo. Campaign Finance Enforcement” by Michael Karlick for Colorado Politics
Elections
Minnesota: “Federal Appeals Court Suggests Late-Arriving Minnesota Ballots May Be Tossed” by Zach Montellaro for Politico
Ethics
Canada: “Ethics Commissioner Clears Morneau of Accepting Gift from WE Charity” by Joan Bryden (Canadian Press) for CTV
Hawaii: “Retired Hawaii Official Fined $5K for Accepting Free Meals” by Staff for Associated Press News
Maryland: “Following Pugh Scandal, UMMS Seeks a ‘Fresh Start’ in Implementing Auditor-Recommended Ethics Changes” by Ben Leonard (Baltimore Sun) for Yahoo News
Ohio: “2 Ohio Political Operatives Plead Guilty in Bribery Probe” by Andrew Welsh-Huggins for Associated Press News
Lobbying
National: “How the NFL’s Gridiron PAC Uses Influence in Washington” by Michael Rothstein for ESPN
Redistricting
Arizona: “Judge Won’t Delay Appointments to Arizona’s Redistricting Panel Despite Lawsuit” by Howard Fischer (Capitol Media Services) for Arizona Daily Star
October 30, 2020 •
News You Can Use Digest – October 30, 2020
National/Federal Administration Plans to Nominate Bipartisan Pair to Hobbled FEC Roll Call – Kate Ackley | Published: 10/28/2020 After leaving so many vacancies at the FEC that it could not hold meetings for most of the 2020 campaign cycle, the Trump […]
National/Federal
Administration Plans to Nominate Bipartisan Pair to Hobbled FEC
Roll Call – Kate Ackley | Published: 10/28/2020
After leaving so many vacancies at the FEC that it could not hold meetings for most of the 2020 campaign cycle, the Trump administration said it planned to nominate a bipartisan pair to the hobbled agency. President Donald Trump’s picks are Republican Sean Cooksey, who serves as general counsel to Sen. Josh Hawley, and Shana Broussard, who currently serves as counsel to FEC member Steven Walther. Broussard, if confirmed, would be the first Black commissioner in the agency’s 45-year history.
Ballrooms, Candles and Luxury Cottages: During Trump’s term, millions of government and GOP dollars have flowed to his properties
MSN – David Fahrenthold, Josh Dawsey, Jonathan O’Connell, and Anu Narayanswamy (Washington Post) | Published: 10/27/2020
Since his first month in office, President Trump has used his power to direct millions of dollars from U.S. taxpayers, and from his political supporters, into his own businesses. The president brought taxpayer money to his businesses simply by bringing himself. He has visited his hotels and clubs more than 280 times, making them a familiar backdrop for his presidency. Documents show visits by Trump, his family, and his supporters have turned the government and the Republican Party into regular customers for the family business. In the case of the government, Trump’s visits turned it into a captive customer. What the government needed from Trump’s properties, it had to buy from Trump’s company.
Coronavirus Cases Are Surging Again. These States Have Refused to Loosen Rules on Who Can Vote by Mail.
MSN – Elise Viebeck and Arelis Hernandez (Washington Post) | Published: 10/26/2020
Texas is one of five red states that emerged as conspicuous holdouts this year as the rest of the country rushed to loosen voting rules because of the coronavirus pandemic. Most of the roughly 30 million registered voters who live there, and in Indiana, Louisiana, Mississippi, and Tennessee have no choice but to cast ballots in person this fall, even as the rate of coronavirus in the U.S. approaches its third peak. The situation underscores how the nation’s decentralized election systems and Republican opposition to mail voting this year are translating into vastly different voting experiences for Americans, depending on where they live. Legal challenges to the voting limits have foundered in some courts, rejected by a federal judiciary that has shifted rightward under President Trump.
COVID-19 Legislation, Postelection Prep Keep K Street Busy
Roll Call – Kate Ackley | Published: 10/21/2020
Negotiations over the federal response to the COVID-19 crisis have fueled the lobbying sector this year, as K Street firms and corporate representatives now turn their attention to the coming tumult after the November elections. Some of the nation’s biggest spenders on federal lobbying, including the U.S. Chamber of Commerce, the National Association of Realtors, Facebook, and Amazon, reported shelling out more money on influence campaigns so far this year than they did during the first three quarters of 2019. The biggest lobbying firms, such as Brownstein Hyatt Farber Schreck, also reported increasing revenue this year.
Democrats in Pennsylvania, North Carolina Claim Key Wins at Supreme Court Ahead of Election
MSN – Robert Barnes (Washington Post) | Published: 10/28/2020
Democrats won two significant U.S. Supreme Court victories involving voting deadlines in key battleground states, as the justices allowed extended periods for receiving mail-in ballots in Pennsylvania and North Carolina. They declined to disturb decisions that allow Pennsylvania officials to receive ballots cast by Election Day and received within three days, and a ruling by North Carolina’s elections board that set a grace period of nine days. In both cases, the Republican Party and GOP legislators had opposed the extensions, and President Trump has railed on the campaign trail about the mail-in vote.
Facebook Tries to Block Tool Aimed at Promoting Transparency Around Political Ads
Politico – Mark Scott | Published: 10/23/2020
Facebook told researchers at New York University (NYU) to stop using a digital tool that tracks how people are targeted with political ads ahead of the November 3 election. The demand centers on the academics’ use of a web browser plug-in that gives Facebook users a way to share specific political ads they are seeing on the site. Political advertisers primarily target their ads to specific demographic groups, so the NYU tool, which collects roughly 16,000 ads each week, allows researchers to see how campaigns and other groups are crafting messages to voters based on race, age, location, or other criteria.
Guns at Voting Sites Emerge as Flash Point in Michigan Amid Nationwide Election Tension
MSN – Mark Berman (Washington Post) | Published: 10/26/2020
As tensions mount ahead of Election Day, a legal battle in Michigan is highlighting fears some officials and civil rights groups have about what will happen when people show up at polling sites with guns – which is legal in numerous jurisdictions across the U.S. Many Americans will be able to show up at their polling locations with guns, something that has unnerved law enforcement officials and experts nationwide at time of anxiety over whether clashes or violence could break out before, on, or after Election Day. Gun rights supporters argue law-abiding gun owners should be able to continue carrying their weapons where doing so is allowed. Exactly where that is allowed varies widely, echoing the way the country’s election processes vary from state to state.
How Trump Abandoned His Pledge to ‘Drain the Swamp’
Anchorage Daily News – Josh Dawsey, Rosalind Helderman, and David Fahrenthold (Washington Post) | Published: 10/25/2020
In the closing weeks of the 2016 election, Donald Trump led cheering supporters in chants of “drain the swamp,” promising he would completely disrupt the culture of Washington, D.C. He warned of the power of lobbyists and political donors who he said effectively bought off elected officials. He told voters he was uniquely prepared to take on the issue, because he knew personally as a donor how the system worked. But during his four years in office, Trump has taken few steps to clean up Washington. He has instead presided over a norm-shattering expansion of private interests in government.
In Campaign’s Closing Days, Disinformation Arrives Via Text Message and Email
MSN – Isaac Stanley-Becker and Tony Romm (Washington Post) | Published: 10/28/2020
A video sent to voters falsely claimed Joe Biden wants to give “sex changes to second-graders.” A menacing directive advised Democrats to vote for Trump “or else.” And a years-old photograph newly circulated with erroneous instructions for how to blow past a purported poll watcher on Election Day. These deceptive, 11th-hour messages are not finding their way to Americans via the now well-trodden paths of Facebook and Twitter. Instead, they are arriving in waves of text messages and emails, making use of a more intimate and less heavily scrutinized vector of disinformation than the social networking services manipulated four years ago as part of Russia’s interference in the 2016 election.
International Election Observers in the U.S. Consider This Year the Most Challenging Ever
Washington Post – Carol Morello | Published: 10/22/2020
If legal controversy engulfs the 2020 elections, state Supreme Courts may be thrust into the prominent role of referee for the presidential race for the first time in two decades, placing new focus on judicial appointees that have increasingly shown partisan leanings. The Brennan Center found more than $500 million has been poured into state Supreme Court elections since 2000, reinventing the one-time “sleepy low-dollar contests,” as Douglas Keith of the Brennan Center put it, into an arena for dark money and political dogfights. And while both sides of the partisan divide have sought to gain an edge in the judicial arms race, conservative groups have prioritized efforts to tip the balance of these crucial courts.
Judge Orders Justice Department to Verify Its Filings in Flynn Case
Politico – Kyle Cheney | Published: 10/23/2020
The federal judge presiding over the criminal case against former national security adviser Michael Flynn ordered the Department of Justice (DOJ) to conduct an unusual review of its filings in the case and certify whether any have been manipulated. The order is a signal of intense distrust between the judge, Emmet Sullivan, and the DOJ, whose filings are typically accepted at face value. In this case, the DOJ has acknowledged two documents it previously filed – handwritten notes taken by former FBI Agent Peter Strzok and former FBI Deputy Director Andrew McCabe – were altered “inadvertently” to include inaccurate dates. Sullivan’s demand will force the DOJ to confront tricky interpretations of handwritten notes that the department and Flynn’s legal team have relied on to seek the dismissal of the prosecution.
Judge Rejects Justice Dept. Bid to Short Circuit Defamation Case Brought by Woman Who Accused Trump of Rape
Washington Post – Matt Zapotosky, Devlin Barrett, and Shayna Jacobs | Published: 10/27/2020
A federal judge rejected the Justice Department’s bid to make the U.S. government the defendant in a defamation lawsuit brought by a woman who says President Trump raped her several years ago, paving the way for the case to again proceed. U.S. District Court Judge Lewis Kaplan wrote Trump did not qualify as an “employee” under federal law, nor was he acting “within the scope of his employment” when he denied during interviews that he had raped journalist E. Jean Carroll more than two decades ago in a New York City department store. Carroll sued Trump over that denial. The Justice Department argued Trump was “acting within the scope of his office as President of the United States” when he disputed Carroll’s allegations.
Lobbying Firm Cuts Ties with Turkey Under Pressure
Politico – Theodoric Meyer | Published: 10/23/2020
The lobbying firm Mercury Public Affairs scrapped its $1 million contract Turkish government following a pressure campaign by Armenian-American activists incensed by Turkey’s support for Azerbaijan in ongoing hostilities with Armenia. The effort recalls the push to convince K Street firms representing Saudi Arabia’s government to cut ties with the kingdom in 2018 after Jamal Khashoggi was murdered in the Saudi consulate in Istanbul. The Washington Post, where Khashoggi had been a contributing opinion writer, threatened to bar two lobbyists from writing columns for the paper unless their firms stopped working for Saudi Arabia. The pressure ultimately led five lobbying firms to sever ties with the kingdom.
Miles Taylor Revealed as ‘Anonymous’ Writer of Insider Warnings About Trump
MSN – Colby Itkowitz and Josh Dawsey (Washington Post) | Published: 10/28/2020
Miles Taylor, the ex-chief of staff in the Department of Homeland Security who has spent the past two months building a case against reelecting President Trump, revealed himself to be the presidential critic from inside the administration known only as “Anonymous.” Taylor, who served in the administration for two years, wrote in a post revealing his identity that his criticisms of Trump were “widely held among officials at the highest levels of the federal government. In other words, Trump’s own lieutenants were alarmed by his instability.” Using the nom de plume, Taylor first wrote a New York Times op-ed in 2018 purporting to be among a group of people inside the administration working to protect the country from the president’s worst instincts.
Politicization of State Supreme Courts Looms Over Possibility of Contested Vote
ABC News – Olivia Rubin and Lucian Bruggeman | Published: 10/22/2020
As the eyes of the world focus on the U.S. election, teams of international observers are heading out across the United States amid concerns about the vote’s integrity. For the ninth time, observers affiliated with the Organization for Security and Cooperation in Europe (OSCE) have come to the United States to watch over an election and recommend improvements, a mission little-noticed by most Americans. But the 2020 campaign is different. As fears rise about voter suppression, violence, and a potentially contested outcome, the Europeans say they hope their efforts will help assure Americans the vote is legitimate.
Trump’s Attacks on Political Adversaries Are Often Followed by Threats to Their Safety
MSN – Greg Miller and Isaac Stanley-Becker (Washington Post) | Published: 10/28/2020
The CIA’s Security Protective Service monitors thousands of threats to public officials across social media and Internet chat rooms. Over time, a pattern has emerged: violent messages surged each time the analyst was targeted in tweets or public remarks by President Trump. Targets encompass nearly every category of government service: mayors, governors, and members of Congress, as well as officials Trump has turned against within his own administration. The dynamic appears to be without precedent – government agencies taking extraordinary measures to protect their people from strains of hostility stoked by a sitting president.
Twitter Launches ‘Pre-Bunks’ to Get Ahead of Voting Misinformation
NBC News – David Ingram | Published: 10/28/2020
Twitter said it would begin placing messages at the top of users’ feeds to pre-emptively debunk false information about voting by mail and election results, an escalation of the company’s battle against misinformation. Twitter is calling the messages a “pre-bunk,” something it says it has never done, because the debunking is not a reaction to an existing tweet with misinformation. Twitter, Facebook, Google, and other tech companies are racing to make last-minute changes to prepare their services for an expected rise in misinformation, election interference or even civil unrest as officials prepare to begin counting votes November 3.
From the States and Municipalities
Alabama – Supreme Court Restores Ban on Curbside Voting in Alabama
Politico – Josh Gerstein | Published: 10/21/2020
A divided U.S. Supreme Court reinstated a state-ordered ban on curbside voting in Alabama, despite claims from disabled and at-risk voters that making them vote inside polling places puts them in danger of contracting the coronavirus. The justices stayed a lower-court injunction that lifted the prohibition on drive-through voting that was issued by Alabama’s secretary of state. Justice Sonia Sotomayor argued that allowing curbside voting was a “modest” accommodation to those at greatest risk of severe illness or death from Covid-19.
Arizona – Dead Contributor Among Questions Raised Over Phoenix Mayor Candidate’s Campaign Filings
Arizona Republic – Jen Fifield, Farah Eltohamy, and Jose-Ignacio Castaneda Perez | Published: 10/24/2020
Among the dozens of donors listed as contributing to Tim Seay’s campaign for Phoenix mayor is Marvin Cox, a former fire chief in Maywood, Illinois. Cox is listed as contributing $5,000 on July 3. But he died more than a year earlier, in May 2019. His is one of several contributions on Seay’s campaign finance reports that raise questions, including others that came from people who said had not donated to his campaign. In an email, Seay said generally he knows he has “made some mistakes” on his campaign finance reports. He said that was due to his lack of experience as a candidate and inability to find an experienced campaign manager.
Arizona – Top Democrats Sue Over Arizona Redistricting Panel List
Associated Press News – Bob Christie | Published: 10/23/2020
Democratic leaders of the Arizona Legislature say two of five independents chosen by a judicial panel as potential chairpersons of a commission that will redraw political district boundaries next year are not legally eligible for the post. They want the nominees replaced with qualified people. The lawsuit alleges utility company executive and attorney Thomas Loquvam is not qualified because he is registered as a lobbyist. They also are challenging Robert Wilson, a gun store owner who is registered as an independent but has held rallies for President Trump and other Republicans. They say that shows he is not truly an independent as the constitution requires.
California – Gig Companies Open the Door to Campaigning by App
Politico – Katy Murphy | Published: 10/26/2020
Rideshare and delivery companies are not only spending record sums, they are wielding their own platforms and using customer data to win on Proposition 22, a November ballot measure that would exempt some gig companies from a California law that classifies many freelance workers as full-time employees. The moves by Uber, Lyft, and others show what is possible, technologists and legal experts say, when tech companies brush past norms and consumer expectations, leveraging their influence and everything they know about the public for their political advantage. Given how much data is stored on their servers, data privacy experts fear the companies themselves could influence the electorate when they face an existential threat like the gig companies do in California.
California – SLO County Board Wants to Cap Campaign Conations at $25,000 – More Than 5 Times State Limit
San Luis Obispo Tribune – Lindsay Holden | Published: 10/21/2020
The San Luis Obispo County Board of Supervisors directed staff members to prepare an ordinance to cap political donations at $25,000 per person, an amount that is five times the statewide limit that will go into effect next year. Assembly Bill 571 will limit campaign contributions at $4,700 starting in January 2021 in all cities and counties that do not already have their own election finance laws.
Colorado – Court of Appeals: Colorado ethics commission not subject to CORA or state open meetings law
Colorado Freedom of Information Coalition – Jeffrey Roberts | Published: 10/27/2020
Neither the Colorado Open Records Act nor the Open Meetings Law applies to the constitutionally created state commission that investigates allegations of ethical misconduct involving public officials, the state Court of Appeals ruled. Rejecting the Glendale mayor’s argument that a District Court has jurisdiction to review the Colorado Independent Ethics Commission’s denial of his records requests, a three-judge appellate panel determined the commission is not a state agency or public body subject to the open-government laws.
Colorado – Denver City Council Votes Down Money Transfer from Fair Elections Fund
Westworld – Connor McCormick-Cavanagh | Published: 10/26/2020
The Denver City Council voted against pulling money from a municipal campaign finance fund and putting it toward other priorities in the 2021 budget. Denver voters passed a measure creating the Fair Elections Fund, which began collecting an annual allocation of approximately $2 million from the city budget starting in 2020. The fund can hold no more than $8 million per election cycle; candidates will have access to it for the first time during the 2023 Denver municipal elections. During the comment period, many speakers talked about the importance of the fund to encourage grassroots candidacies.
Connecticut – FBI Probes New Haven City Contract; Harp Wiretapped, Says Fraudster Tried to Set Her Up
Connecticut Mirror – Paul Bass (News Haven Independent) | Published: 10/21/2020
Then-New Haven Mayor Toni Harp walked out of Jack’s Steakhouse in 20109 with an envelope filled with thousands of dollars of cash handed to her by an accused money launderer. A city contract followed and a federal grand jury investigation. But it is unclear who was up to what. Harp had dinner that night with her top aide, Andrea Scott; city Controller Daryl Jones; and entrepreneur Derek Bluford, who is under federal indictment for financial fraud and was looking for a way to lessen his prison sentence. The group had been discussing a contract Bluford wanted the city to give a company with which he was involved. And they discussed his help in raising money for Harp’s reelection campaign. Bluford handed Harp an envelope as they left. Harp and Scott said they did not open the envelope until later, when they were shocked to find $7,000 in cash rather than legitimate individual campaign contribution checks.
Florida – A ‘Dark Money’-Funded Ballot Measure in Florida Could Make It Harder to Pass Future Amendments
MSN – Jonah Goldman Kay (Business Insider) | Published: 10/29/2020
In the next election cycle after 2020, Florida voters might not pass any constitutional amendments. If passed, an initiative on the ballot this year, Amendment 4, would require any future amendments to be passed in two consecutive elections. Only one other state, Nevada, has a similar requirement in its constitution. The “Are You Sure” measure was sponsored by Keep Our Constitution Clean, a secretive nonprofit with ties to a major business advocacy organization in Florida. Opponents of the amendment say it is another attempt from the Republican-led Legislature to suppress the vote by making it more difficult to get amendments on the ballot.
Georgia – In Georgia, Democrats Target the True Silent Majority: People who don’t vote
New York Times – Astead Herndon | Published: 10/28/2020
Over 100 million eligible, voting-age Americans did not vote in 2016, more than the number who voted for either presidential candidate. In traditional swing states like Pennsylvania and Wisconsin, most observers believe turnout is largely fixed and campaigns succeed based on their ability to persuade a set of voters. But in the new set of battleground states in the South, as well as Arizona, the priority is converting nonvoters into voters. The thinking is that If the Democratic Party can reshape the electorate with new arrivals to the state, well as greater participation from Black residents and immigrants, a red state becomes a blue one. But experts who study nonvoting populations warn the work of changing electorates is hard and complicated. There is no such thing, they say, as an inevitable demographic destiny.
Illinois – Flossmoor Trustee Resigns So He Can Keep Lobbying Chicago City Hall
WTTW – Heather Cherone | Published: 10/22/2020
Chicago lobbyist Gyata Kimmons resigned his elected position as a Flossmoor village trustee, citing rules that took effect months ago prohibiting elected officials from lobbying Mayor Lori Lightfoot and other city departments. The village announced Kimmons’ resignation the same day The Chicago Tribune published a report detailing how after aldermen banned elected officials from lobbying city government, he on two occasions exchanged emails directly with Lightfoot on behalf of Unibail–Rodamco–Westfield, a real estate company he lobbies City Hall on behalf of tenants at O’Hare International Airport. Kimmons was notified by Chicago that he had to immediately decide between lobbying the city professionally or holding public office.
Illinois – Inspector General Should Probe Cook County Commissioner, Chief of Staff Amid Pot Firm Revelations, Ethics Experts Say
Chicago Sun-Times – Tom Schuba | Published: 10/21/2020
A Cook County commissioner and her chief of staff should be investigated for joining a fledgling marijuana company after serving as state cannabis regulators, government ethics experts said. Cook County Commissioner Bridget Degnen acknowledged she is working with Americanna Dream, a startup seeking licenses to operate recreational marijuana dispensaries. The Sun-Times has since learned her chief of staff and general counsel, Tara Meyer, is also partnered with the company, which is among 21 finalists. Susan Garrett, chairperson of the Center for Illinois Politics, said there are simply “too many missing pieces to this puzzle” and recommended the Illinois Office of the Executive Inspector General probe the matter.
New Hampshire – Pappas Confirms Relationship with Ex-Lobbyist, Says Mowers Crossed a Line
Manchester Union-Leader – Josie Albertson-Grove | Published: 10/22/2020
U.S. Rep. Chris Pappas’ campaign confirmed he is dating a former lobbyist after his opponent brought up the relationship in a debate but said it has had no bearing on his votes. The campaign said Pappas and Vann Bentley are in a relationship. Bentley left a job as a lobbyist for Amazon in August 2019. Members of Congress are not barred from having and are not required to disclose romantic relationships with lobbyists.
New Jersey – State Education Department Orders Suspension of Paterson BOE Member
Bergen Record – Joe Malinconio (Paterson Times) | Published: 10/26/2020
The New Jersey Department of Education ordered that Paterson school board member Emanuel Capers be suspended for six months for taking a free trip to an Arizona resort from a company looking for a contract from the district. The company, Woz U, eventually got a contract from Paterson Public Schools for online courses, but never received any payment from the district for its services. Interim Education Commissioner Kevin Dehmer’s decision largely agrees with a state ethics commission ruling but softened the panel’s suggested penalty. The commission had called for Capers’ removal from office. Prior to the ethics panel decision, an administrative law judge had ruled in Capers’ favor.
Ohio – Attorney General Challenges Legality of Householder Using $1M Campaign Cash for Legal Fees
MSN – Marc Kovac (Columbus Dsipatch) | Published: 10/22/2020
State Attorney General Dave Yost said he would file a complaint with the Ohio Elections Commission after it was disclosed that former House Speaker Larry Householder used campaign cash to cover legal fees since his July arrest on federal corruption charges. Yost said the spending was illegal and he directed staff in his office to pursue a formal complaint. Householder’s pre-general election campaign finance filing included seven expenditures since July totaling more than $1 million to three law firms. Federal prosecutors allege Householder used “dark money” from FirstEnergy and related entities to support the campaigns of his supporters and block referendum efforts to overturn 2019 nuclear bailout legislation.
Ohio – Ohio’s Drop-Box Dispute Shows How Voting Rights Groups and Democrats Fear Trump’s Influence
MSN – Michael Kranish (Washington Post) | Published: 10/27/2020
An alliance of voting and civil rights groups – noting federal recommendations call for one ballot drop box for every 15,000 to 20,000 voters – sued Ohio Secretary of State Frank LaRose, declaring his decision to limit the boxes to one per county was the definition of voter suppression. At a time when many people do not want to go to the polls due to the pandemic, or do not trust the U.S. Postal Service to deliver ballots on time, the groups said drop boxes are vital. The battle in Ohio underscores the fears of Democrats and voting rights advocates about the influence President Trump’s false claims about fraud via mail-in ballots and drop boxes could have over voters’ ability to cast a ballot and the counting of ballots.
Ohio – What Actually Happened with FirstEnergy’s $158K Checks to Ohio Politicians
MSN – Jessie Balmert (Cincinnati Enquirer) | Published: 10/23/2020
Newly released records show what actually happened with mysterious checks that FirstEnergy cut to Ohio politicians shortly before a massive bribery investigation came to light. Between July 6 and July 16, FirstEnergy’s PAC issued checks worth $158,000 to Ohio Senate, House, and state Supreme Court candidates. But many candidates said they never received that money. FEC reports from the committee now show FirstEnergy canceled $103,000 in checks to 43 Ohio House candidates and state Supreme Court candidates Judi French and Sharon Kennedy on September 17. What happened to the remaining $55,000? FirstEnergy PAC sent that money to 20 Ohio Senate candidates. The checks, issued July 6, were not voided. But only one was cashed for certain.
Oregon – Judge Rules City Must Open Investigation into Portland Mayor Ted Wheeler’s $150,000 Loan to His Campaign
OPB – Rebecca Ellis | Published: 10/23/2020
A judge ruled the city auditor must examine a complaint into Portland Mayor Ted Wheeler’s $150,000 loan to his own re-election campaign. Voters approved strict campaign finance limits in 2018 including a $5,000 cap on how much candidates can loan themselves. But City Auditor Mary Hull Caballero decided not to enforce the self-funding portion of the charter, saying it conflicts with the U.S. Supreme Court precedent and would inevitably be struck down by the court. Multnomah County Circuit Court Judge Thomas Ryan ruled the auditor had to follow the rules in the charter and city code and look into the complaint that alleged Wheeler violated campaign finance rules with his loan.
Oregon – Kate Brown Struck Secret Deal with Oregon Homebuilders Over Wildfire Codes, Lobbyists Say on Tape
Street Roots – Chris May | Published: 10/21/2020
After Oregon’s homebuilders lobby tried, but failed, to block regulations allowing local governments to implement their own wildfire safety standards in new construction, it is now relying on a secret agreement with Gov. Kate Brown to ensure those standards are not mandated statewide in fire-prone regions. Street Roots obtained secretly made recordings of this agreement being discussed at high-level meetings between Portland and Oregon Home Builders Association board members and top lobbyists. The audio provides a rare window into how one of the state’s most influential industries holds sway over critical public policy issues through lobbying, “revolving-doors,” and access to influential lawmakers.
Pennsylvania – Ballots Can’t Be Tossed Out Over Voter Signature, Court Says
Associated Press News – Marc Levy | Published: 10/23/2020
The Pennsylvania Supreme Court ruled unanimously on a key concern surrounding an avalanche of mailed ballots, prohibiting counties from rejecting them if the voter’s signature on it does not resemble the signature on the voter’s registration form. Republican lawmakers and President Trump’s campaign had argued the law is clear election officials must compare the information on the mail-in ballot envelope, including a voter’s signature, to a voter’s information on file to determine a person’s qualifications to vote. But the justices disagreed, as did a federal judge in a separate case brought earlier the Trump campaign.
Tennessee – Tennessee Sen. Joey Hensley Defends Prescribing Opioids to Relatives, Lover
The Tennessean – Brett Kelman | Published: 10/26/2020
A lawyer for state Sen. Joey Hensley conceded the politician, a small-town doctor, prescribed opioids to family members and an employee with whom he was in a romantic relationship, in what the state contends is a violation of medical ethics. Attorney David Steed said it was well-intentioned, harmless, and all but unavoidable for Hensley to prescribe to relatives in a small Tennessee town where he is the only available physician. Francine Baca-Chavez, a state attorney prosecuting the case, asked the Tennessee Board of Medical Examiners to put Hensley on professional probation for three years and require him to attend classes on safe prescribing and medical ethics.
Utah – Republican Burgess Owens May Have to Refund Thousands of Dollars in Campaign Donations
Salt Lake Tribune – Bryan Schott | Published: 10/27/2020
Burgess Owens, the Republican nominee in Utah’s Fourth Congressional District, appears to be at the center of a campaign finance controversy with a week to go until Election Day. Owens’ campaign accepted more than $135,000 in illegal campaign contributions, which is approximately 40 percent of the money he has available for the stretch run to the election. All the donations in question have a notation on the report that the amounts are not permitted, and the campaign is waiting for written directions from the donors about what to do with the cash. FEC rules allow donors to reallocate excessive amounts to another member of the household, or to another election, so long as that person is not also over the limit. The other option is a refund. It is not clear whether the campaign has indeed remedied the disputed donations.
Wisconsin – Supreme Court Won’t Extend Wisconsin Ballot Deadline
Politico – Josh Gerstein and Zach Montellaro | Published: 10/26/2020
The U.S. Supreme Court declined to reinstate a court-ordered extension of the deadline for the receipt of absentee ballots in Wisconsin, siding with Republicans in a battle over election procedures amid the ongoing coronavirus pandemic. The high court brushed aside complaints from Democrats and civil rights groups that enforcing the usual deadline of Election Day could leave thousands of ballots uncounted due to postal service changes and the massive number of voters seeking to vote by mail instead of in person. A District Court judge in Wisconsin issued an order pushing back the state’s due date for mail ballots from the close of polls on Election Day to November 9, as long as they were postmarked by November 3. A three-judge panel of the Seventh U.S. Circuit Court of Appeals suspended the lower court’s ruling.
Wyoming – Wyoming Gun Rights Group Fights Ruling to Disclose Donors
Associated Press News – Staff | Published: 10/22/2020
An attorney for a gun rights advocacy group in Wyoming challenged a ruling by the secretary of state to disclose the group’s donors, arguing the ruling is an attempt to stifle political speech after the group was accused of running attack ads against Republican candidates. The Greater Cheyenne Chamber of Commerce filed the complaint against Wyoming Gun Owners over ads the group ran in the past year despite not being registered with the secretary of state’s office as required by law. The group must now register with the state and disclose its donors or face a $500 fine. Stephen Klein asked the state elections division to dismiss the complaint, saying there was a lack of documentation that showed the ads were against the law.
Wyoming – Wyoming Is Using Dark Money to Help Keep Coal Plants in Other States Open
National Public Radio – Cooper McKim and Andrew Graham | Published: 10/28/2020
After years of lawsuits, the utility Entergy Arkansas agreed to shut down two coal plants. Weeks later, the Arkansas Attorney General and a local coalition called the Arkansas Affordable Energy Coalition intervened, asking a judge to stop the settlement. They argued other fuel sources would be more expensive and less reliable. Emails show the coalition represents more than just coal, gas, and steel businesses in Arkansas. It was created by the nonprofit Energy Policy Network, whose largest donor most years is the state of Wyoming, home to the coal mines that feed the two Arkansas plants slated for shut down. Several ethics experts say this is the first time they have heard of a state using “dark money” in this way. They said it raises questions about state officials backing a group that surreptitiously seeks to impact policy elsewhere.
October 28, 2020 •
Wednesday’s LobbyComply News Roundup
Campaign Finance Ohio: “What Actually Happened with FirstEnergy’s $158K Checks to Ohio Politicians” by Jessie Balmert (Cincinnati Enquirer) for MSN Elections National: “Coronavirus Cases Are Surging Again. These States Have Refused to Loosen Rules on Who Can Vote by Mail.” […]
Campaign Finance
Ohio: “What Actually Happened with FirstEnergy’s $158K Checks to Ohio Politicians” by Jessie Balmert (Cincinnati Enquirer) for MSN
Elections
National: “Coronavirus Cases Are Surging Again. These States Have Refused to Loosen Rules on Who Can Vote by Mail.” by Elise Viebeck and Arelis Hernandez (Washington Post) for MSN
National: “Guns at Voting Sites Emerge as Flash Point in Michigan Amid Nationwide Election Tension” by Mark Berman (Washington Post) for MSN
Wisconsin: “Supreme Court Won’t Extend Wisconsin Ballot Deadline” by Josh Gerstein and Zach Montellaro for Politico
Ethics
National: “Judge Orders Justice Department to Verify Its Filings in Flynn Case” by Kyle Cheney for Politico
Colorado: “Court of Appeals: Colorado ethics commission not subject to CORA or state open meetings law” by Jeffrey Roberts for Colorado Freedom of Information Coalition
Tennessee: “Tennessee Sen. Joey Hensley Defends Prescribing Opioids to Relatives, Lover” by Brett Kelman for The Tennessean
Lobbying
New Hampshire: “Pappas Confirms Relationship with Ex-Lobbyist, Says Mowers Crossed a Line” by Josie Albertson-Grove for Manchester Union-Leader
Redistricting
Arizona: “Top Democrats Sue Over Arizona Redistricting Panel List” by Bob Christie for Associated Press News
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