November 13, 2019 •
Wednesday’s LobbyComply News Roundup
Campaign Finance National: “Ban Political Ads on Facebook? Upstart, Anti-Trump Candidates Object.” by Isaac Stanley-Becker for San Francisco Chronicle California: “PG&E Helped Fund the Careers of Calif. Governor and His wife. Now He Accuses the Utility of ‘Corporate Greed.’” by […]
Campaign Finance
National: “Ban Political Ads on Facebook? Upstart, Anti-Trump Candidates Object.” by Isaac Stanley-Becker for San Francisco Chronicle
California: “PG&E Helped Fund the Careers of Calif. Governor and His wife. Now He Accuses the Utility of ‘Corporate Greed.’” by Douglas MacMillan and Neena Satija (Washington Post) for San Francisco Chronicle
Texas: “Campaign Contribution Limits Going Up” by Jo Clifford for Austin Monitor
Washington: “After Massive Spending, Fight Rages on for Bill to Curb Seattle PAC Money” by Nick Bowman for MyNorthwest.com
Elections
National: “Report: Election vendors are ‘prime targets,’ need oversight” by Christina Cassidy for AP News
Lobbying
Illinois: “In Springfield, Family Ties Bind Lobbyists, Lawmakers” by W.J. Kennedy for Prairie State Wire
Procurement
National: “Trump Allies Received Hundreds of Thousands of Dollars Under Federal Health Contract” by Dan Diamond and Adam Cancryn for Politico
Redistricting
National: “Redistricting Activists Brace for Wall of Inaction as Battle Moves to States” by Amy Gardner, Ted Mellnik, and Adrian Blanco for Washington Post
November 8, 2019 •
News You Can Use Digest – November 8, 2019
National/Federal A Conspiracy of Hunches: Roger Stone trial set to start this week San Francisco Chronicle – Devlin Barrett, Spencer Hsu, and Manuel Roig-Franzia (Washington Post) | Published: 11/4/2019 Roger Stone is on trial in federal court, where prosecutors plan to […]
National/Federal
A Conspiracy of Hunches: Roger Stone trial set to start this week
San Francisco Chronicle – Devlin Barrett, Spencer Hsu, and Manuel Roig-Franzia (Washington Post) | Published: 11/4/2019
Roger Stone is on trial in federal court, where prosecutors plan to dive back into an episode of political chicanery, alleged lies, and conspiratorial texts that parallels the nascent impeachment inquiry into his longtime friend President Trump. Stone has long cultivated a public image as a dirty trickster on the edges of mainstream politics. He has been charged with lying to Congress and trying to tamper with a witness during a congressional investigation into interference in the 2016 election. His trial offers the possibility of fresh insights into the strange quest by some in Trump’s orbit for a kind of political kryptonite to use against Hillary Clinton – secret emails that would, they hoped, destroy her candidacy.
Advocacy Groups Fear Impact of Twitter Political Ad Ban
The Hill – Alex Gangitano | Published: 11/1/2019
Advocacy groups and trade associations are worried that Twitter’s decision to ban all political advertisements could hurt their efforts to use digital marketing to promote their issues. One source told The Hill the Twitter announcement sent “shock waves” through public affairs professionals in Washington, D.C. While Twitter is still working to finalize its rules, the changes are likely to force those groups to rework how they speak to elected officials, stakeholders, and the public through social media. There are still many questions about the scope of Twitter’s ban. Some asked how Twitter will deal with companies who are politically active.
As Trump Moves to Bully Witnesses and Derail Impeachment, Democrats See Obstruction
Anchorage Daily News – Phillip Rucker, Rachael Bade, and Roisalind Helderman (Washington Post) | Published: 11/1/2019
The centerpiece of House Democrats’ eventual impeachment charges is widely expected to be President Trump’s alleged abuse of power over Ukraine. But obstruction of Congress is now all but certain to be introduced as well, just as it was five decades ago when the House Judiciary Committee voted for articles of impeachment against then-President Richard Nixon. Democrats argue the Trump administration’s stonewalling –including trying to stop subpoenaed witnesses from testifying and blocking the executive branch from turning over documents – creates a strong case the president has infringed on the separation of powers and undercut lawmakers’ oversight duties as laid out in the Constitution.
Giuliani: I never lobbied or represented foreigners
Roll Call – Kate Ackley | Published: 10/31/2019
Rudolph Giuliani, who spent more than a dozen years with two well-known K Street firms, has deep ties to the influence industry. The former New York mayor logged a decade with the law and lobbying firm then known as Bracewell & Giuliani and a two-year stint after that with Greenberg Traurig. Giuliani never registered to lobby and has never disclosed work as a foreign agent, though it is his international portfolio that has generated attention from federal prosecutors. Though Bracewell appears not to have registered to do foreign influence work, Giuliani’s name appears in Foreign Agent Registration Act filings during his time there.
Higher Earning ‘Elite’ Political Lobbyists Overstate Their Own Achievements, Study Shows
Phys.org – University of Exeter | Published: 11/6/2019
Research from the University of Exeter in the United Kingdom shows high-earning lobbyists living in Washington, D.C. with congressional experience, and who engage in a broader range of activities, were more likely than other lobbyists to inflate their success. Lobbyists who have a smaller salary and work in specialist areas or for public interest groups are less overconfident, or even underestimate their success. Researchers said this suggests overconfidence can help lobbyists make connections with important people but does not necessarily lead to them being able to influence policies. The research examined whether a lobbyist’s perception of their own success was accurate, compared to legislative outcomes, and if their measure of their own success was in line with other lobbyists who worked on the same issues.
Inside Adam Schiff’s Impeachment Game Plan
MSN – Adam Zengerle (New York Times) | Published: 11/5/2019
After Speaker Nancy Pelosi announced the House was moving forward with an “official impeachment inquiry,” she said U.S. Rep. Adam Schiff would be leading the investigation. Schiff’s initial reluctance to pursue impeachment, paradoxically, has made him a particularly effective advocate for it in the past month. In his interviews and news conferences, he strikes a more-in-sorrow-than-in-anger tone, in keeping with Pelosi’s interest in presenting impeachment as a “prayerful, solemn, difficult” process. Schiff has come to occupy a unique and privileged place in the Democratic firmament. His Ukraine investigation has now been invested with all the hopes and dreams that Democrats once placed in the special prosecutor Robert Mueller’s Russia probe. In Schiff, Democrats believe they have found a more reliable vessel than Mueller and an opportunity for a do-over of sorts.
K Street’s Newest Star Built Business on Dubious Claims of Trump Ties
Laredo Morning Times – Beth Reinhard and Jonathan O’Connell (Washington Post) | Published: 11/1/2019
Since President Trump took office, the lobbyist Michael Esposito has been wildly successful, turning a family business that once focused on municipal transportation issues into one of the fastest-growing lobbying firms in Washington, D.C. Fueling that rise, at least in part, are Esposito’s claims that he is uniquely positioned: a former Capitol Hill staffer who is close to centers of power in the Trump administration. Some of those very people, however, said Esposito’s claims are greatly embellished, or simply not true. Esposito, whose firm says it employs a half-dozen other lobbyists, some of whom have White House and congressional experience, said his clients had scrutinized his record and would have detected any falsehoods.
Lobbyists’ Revolving Door Leads Back to Capitol Hill Jobs
Bloomberg Government – Megan Wilson | Published: 11/5/2019
More than 100 staff members traded in jobs with high-paying K Street firms, corporations, trade associations, or nonprofits for long hours on Capitol Hill beset by partisan brawls and legislative gridlock. Nearly 60 percent of the 110 people who have moved to the Hill from the influence industry since the midterm election went to work for House Democrats, a likely result of the flurry of new jobs available after the party regained control of the chamber. Republican offices in both the House and Senate hired 31 ex-lobbyists, or 28 percent of the total number who moved over. Some say they are doing it out of a desire to be in public service or because they have a longtime loyalty to their congressional bosses. Congress has made no conflict-of-interest rules limiting the interactions of lobbyists returning to Capitol Hill.
Sondland Updates Impeachment Testimony, Describing Ukraine Quid Pro Quo
MSN – Michael Schmidt (New York Times) | Published: 11/5/2019
A critical witness in the impeachment inquiry offered Congress substantial new testimony, revealing he told a top Ukrainian official that the country likely would not receive American military aid unless it publicly committed to investigations President Trump wanted. The disclosure from Gordon Sondland, the U.S. ambassador to the European Union, in four new pages of sworn testimony, confirmed his involvement in laying out a quid pro quo to Ukraine that he had previously not acknowledged. The issue is at the heart of the impeachment investigation into Trump, which turns on the allegation the president abused his power to extract political favors from a foreign power. Trump has consistently maintained that he did nothing wrong and that there was no quid pro quo with Ukraine.
The Hottest Stop for Candidates on the 2020 Campaign Trail? The Picket Line.
Washington Post – Eli Rosenberg | Published: 11/2/2019
The road to the presidential nomination next year is sure to be full of unforeseen twists and potholes as a crowded field of Democratic contenders dukes it out in a volatile political climate. But about a year into their race, one thing is clear: It leads through a thicket of striking workers, in a number of states, whether they are in front of a grocery store, an automotive factory, or an elementary school. This push comes as they try to dislodge some of the support President Trump has found in states that have lost tens of thousands of union jobs in recent years, including Wisconsin, Michigan, and Pennsylvania. Political observers said the rush by 2020 hopefuls to embrace striking workers marks a new chapter, although unions have been nominally aligned with Democratic politicians on and off for years.
The Messy Politics of Voter Purges
Pew Charitable Trusts – Matt Vasilogambros (Stateline) | Published: 10/25/2019
With a year until the 2020 presidential election, many states are still crafting ballot access policies that will shape their electorate. Decisions about voter list maintenance, one of the most essential bureaucratic duties of state election officials, received intense scrutiny in several states this year. While federal law mandates a certain level of voter roll maintenance, states differ on how they manage their registration databases. Most state officials are just trying to keep voter lists clean, said David Becker, executive director and founder of the Center for Election Innovation and Research. Inevitably, however, dropping voters from the rolls inspires forceful political pushback, as many voting rights activists fear it is a form of voter suppression.
Trump Lures GOP Senators on Impeachment with Cold Cash
Politico – Alex Isenstadt | Published: 10/31/2019
President Trump is rewarding senators who have his back on impeachment and sending a message to those who do not to get on board. Trump is tapping his vast fundraising network for a handful of loyal senators facing tough reelection bids in 2020. Each of them has signed onto a Republican-backed resolution condemning the inquiry as “unprecedented and undemocratic.” Republican senators on the ballot next year are lagging in fundraising, stoking uncertainty about the GOP’s hold on the chamber, and could use the fundraising might of the president. Trump’s political operation has raked in over $300 million this year.
Trump Wanted Barr to Hold News Conference Saying the President Broke No Laws in Call with Ukrainian Leader
MSN – Matt Zapotosky, Josh Dawsey, and Carol Leonnig (Washington Post) | Published: 11/6/2019
President Trump wanted Attorney General William Barr to hold a news conference declaring that the president had broken no laws during a phone call in which he pressed his Ukrainian counterpart to investigate a political rival, though Barr ultimately declined to do so, people familiar with the matter said. The request from Trump traveled from him to other White House officials and eventually to the Justice Department. The president has mentioned Barr’s demurral to associates in recent weeks, saying he wished Barr would have held the news conference, Trump advisers say. Those close to the administration concede the department has made several recent maneuvers putting it at odds with the White House at a particularly precarious time for Trump.
Canada
Canada – Alberta Businessman, Company Fined $25,000 Over Donations to Jeff Callaway Campaign
Globe and Mail – James Keller | Published: 11/4/2019
Alberta’s election commissioner fined a Calgary businessperson and a company he controls over allegations they illegally gave $60,000 to a failed contender for the leadership of the provincial United Conservative Party (UCP), who then used that money to reimburse straw donors to his campaign. Robyn Lore and Agropyron Enterprises were fined a combined total of $25,000 for their involvement in Jeff Callaway’s UCP leadership campaign in 2017. The elections commissioner has issued more than $200,000 in fines, including to many of Callaway’s donors and several members of his staff as part of an investigation into how the campaign was financed.
Canada – ‘Deep State’ Lobbying a Growing Tactic of Fossil Fuel Industry, Report Finds
The Narwhal – Sharon Riley | Published: 11/5/2019
Since Canadian Prime Minister Justin Trudeau’s took office in 2015, lobbyists in Ottawa have focused more attention on the nation’s bureaucrats, rather than elected office holders, representing what one researcher is calling a troubling “fusion of private interest and public bodies.” A new report from the Corporate Mapping Project documents the reach of the fossil fuel industry when it comes to lobbying the federal government, raising red flags about what it calls a “troubling shift in lobbying patterns.” The report’s findings suggest industry lobbyists are increasingly focusing on developing closer, long-term relationships with federal bureaucrats rather than elected officials.
From the States and Municipalities
Alaska – Anchorage Judge Orders Alaska Campaign Contribution Limit to Be Reinstated
KTUU – Sean Maguire | Published: 11/6/2019
A Superior Court judge in Anchorage issued a ruling that may hobble the independent expenditure groups that have come to dominate elections in Alaska. Judge William Morse said the Alaska Public Office Commission (APOC) should reinstate the $500 annual per-person contribution limit to PACs that is in state law. APOC stopped enforcing it following the U.S. Supreme Court decision in the case of Citizens United v. Federal Election Commission. Harrow says APOC went too far in its interpretation.
Arkansas – Indictment Says Couple Bought Legislation Tweaks
Arkansas Democrat Gazette – Eric Besson | Published: 11/7/2019
Former executives of the nonprofit at the heart of a sweeping federal political corruption probe in Arkansas face new wire-fraud charges after a federal grand jury produced a fresh allegation involving former state Sen. Jeremy Hutchinson. He pleaded guilty to accepting bribes in connection to payments made by a nonprofit run by the married couple, Bontiea and Tom Goss. The new indictment says Hutchinson added language, at Bontiea Goss’ request, to a Senate bill he sponsored. The language, which remained when the bill became law, helped the Gosses’ nonprofit “because it provided an advantage to the charity when competing for valuable [Arkansas] contracts,” the indictment says. The aim was to help the firm win approval to create a “pay-for-success program.”
California – Donations to Anderson’s 2020 County Supervisor Campaign Draw Questions
San Diego Union-Tribune – Jeff McDonald | Published: 11/4/2019
Ten years ago, when he was a California Assembly member, Joel Anderson was the subject of an investigation into questionable campaign contributions that ended with election regulators fining him $20,000 and the legislator admitting he made a mistake. Now running for a seat on the San Diego County Board of Supervisors, Anderson is under a new investigation involving more recent contributions by some of the same donors from a decade ago. Anderson set up two different campaign committees for the 2020 race, the first nearly five years ago and the second in April 2016. Campaign records show the two committees accepted contributions from at least 11 people who, when their donations are combined, exceeded the county limit of $850 per individual contribution for primary and general elections.
California – SF Voters Pass Prop. F, the ‘Sunlight on Dark Money’ Measure
San Francisco Chronicle – Trisha Thandani | Published: 11/5/2019
A San Francisco ballot measure intended to increase the transparency of who pays for campaign ads won easily on November 5. The passage of Proposition F, called “Sunlight on Dark Money,” means campaigns will be forced to more prominently disclose who donates money to a cause. Proposition F is targeted at independent PACs, which can raise an unlimited amount of money from corporations, unions, and individuals. Those committees can then donate to individual candidate committees, which makes it less obvious who is behind the contributions.
California – Travel, Furniture, ‘Lavish’ Meals: Nonprofit head misspent $1.7 million, filing alleges
Los Angeles Times – David Zahniser | Published: 11/6/2019
The former head of the Los Angeles-based anti-poverty nonprofit Youth Policy Institute improperly used the organization’s funds to pay the property taxes on his house, buy furniture for his home office, and make national political donations, the group alleged in court documents. Dixon Slingerland, who was fired as the group’s chief executive in September, spent the nonprofit’s money on an array of unauthorized and personal expenses, including private tutoring for his children, contributions to his wife’s pension, and “lavish” dining, travel, and entertainment, according to a bankruptcy filing lodged by the nonprofit.
Florida – A Library Wanted a New York Times Subscription. Officials Refused, Citing Trump and ‘Fake News.’
MSN – Antonia Noori Farzan (Washington Post) | Published: 11/5/2019
The board of commissioners in Citrus County, Florida, said it will no longer pay for the county library’s digital subscription to The New York Times, with one commissioner citing President Trump’s claim that the newspaper’s reporting was “fake news” as justifying the decision. On the same day the commissioners met, the White House said it was planning to order that federal agencies end their subscriptions to The Times and the Washington Post, two news outlets often criticized by Trump. “Someone’s personal political view does not have a place in deciding what library resources are available for the entire county,” said Sandy Price, chairperson of the library’s board. “Libraries have to ensure all points of view are represented.”
Georgia – DeKalb County Voters Reject Ballot Referendum to Restructure Ethics Board
Emory Wheel – Ninad Kulkarni | Published: 11/6/2019
A ballot referendum to restructure the DeKalb County Ethics Board failed to pass. The referendum proposed the establishment of a new ethics board for the county and replaced the position of ethics officer with an “ethics administrator.” DeKalb County legislators can vote on a new bill in the 2020 legislative session to address the ethics board. County residents in 2015 voted to make the ethics board more independent and to allow outside groups to appoint a majority of the board members, according to The Atlanta Journal-Constitution. The ethics board had not been functional since a 2018 Georgia Supreme Court ruling mandated that a majority of the members must be appointed by public officials.
Illinois – Pritzker Promises Lobbying Reforms as ‘Small Start’ to End Corrupt ‘Old Way of Doing Politics’
Chicago Sun-Times – Staff | Published: 11/6/2019
Vowing to help lift the cloud of “pay-to-play” politics over Illinois, Gov. J.B. Pritzker told Cook County Democrats he plans to help craft legislation that would shed more light on lobbyists as the first in “a series of ethics reforms that are frankly long overdue.” Expressing his anger over corruption has become a recurring theme for the governor as a sprawling federal investigation ensnares state legislators, Chicago aldermen, and county officials. After general vows to help “root” out illegal activity, Pritzker pledged to take the first step in the upcoming fall veto session.
Illinois – Rep. Luis Arroyo Resigns After Being Charged with Bribery
Chicago Tribune – Dan Petrella and Jamie Munks | Published: 11/1/2019
State Rep. Luis Arroyo resigned from the Illinois House, one week after being arrested on a federal bribery charge. His resignation came hours before a legislative committee was set to meet to consider his ouster. Arroyo is accused of paying a bribe to a state senator in exchange for support of a gambling bill that would have benefited a lobbying client of Arroyo’s. His arrest followed a federal raid on the Capitol office of Sen. Martin Sandoval in September and the indictment of Sen. Thomas Cullerton in August on embezzlement charges in connection with an alleged union ghost payrolling scheme.
Kansas – Fight Over $70M Kansas Prison Health Care Contract Turns Bitter Amid Ethics Concerns
Wichita Eagle – Jonathan Shorman | Published: 11/5/2019
The Tennessee company criticized for providing substandard medical care to Kansas’s 10,000 prison inmates now finds itself at the center of fresh controversy over the future of its $70 million-plus annual contract. Corizon Health alleges the Kansas Department of Corrections put the massive prison health care contract up for bid in a way that eases the path for a competitor who employs the former head of the corrections system. At the same time, a top official in Gov. Laura Kelly’s administration said a Corizon executive made political threats against the current leader of the Department of Corrections over the contract.
Kentucky – Kentucky Outcome Embarrasses Trump and Worries Many Republicans Ahead of 2020
MSN – Robert Costa (Washington Post) | Published: 11/6/2019
Democrats’ claim of victory in Kentucky’s gubernatorial race, as well as the Democratic takeover of the Virginia Legislature, left Republicans stumbling and increasingly uncertain about their own political fates next year tied to an embattled and unpopular president. Many allies of President Trump rushed to explain away the poor performance of incumbent Kentucky Gov. Matt Bevin as an anomaly, while other GOP veterans expressed alarm about the party’s failure in a state where Trump won by nearly 30 percentage points in 2016. Bevin’s attempt to nationalize his cause by stoking conservative grievances about the impeachment process was not enough to overcome his problems nor was Trump’s raucous rally for the governor, raising questions about Trump’s political strength as he faces a barrage of challenges and a difficult path to reelection.
Maine – Vacancy on State Ethics Panel Poses Election-Year Risks
Portland Press Herald – Scott Thistle | Published: 11/3/2019
Leaders of the Maine Legislature have yet to fill a seat that opened on the state ethics board 19 months ago, leaving the public’s only watchdog for campaign finance accountability in a weakened state as candidates begin collecting cash for the next election. Only five people serve on the Maine Commission on Governmental Ethics and Election Practices, and by law no more than two members can belong to the same political party. As a result, one of the seats is usually held by an independent. The last independent commissioner stepped down in March 2018, leaving decisions in the hands of four commissioners who must set aside party loyalties – and who face no prohibition on making political donations themselves.
Missouri – Federal Appeals Court Says Missouri Lobbying Rules Don’t Apply to Activist
St. Louis Post-Dispatch – Erin Heffernan | Published: 11/3/2019
The Eighth U.S. Circuit Court of Appeals ruled that requiring Ron Calzone to sign up as a lobbyist in Missouri unjustly limits his First Amendment rights because he is not paid to press his views with members of the state Legislature and offers them nothing of value. The ruling overturned a decision by a three-judge panel of the same court. That panel had declared the Missouri Ethics Commission could require Calzone to register in the name of transparency and preventing corruption. Calzone, the president and sole officer of the nonprofit Missouri First organization, frequently speaks to lawmakers at the Capitol, often at public hearings. But he says he does not buy food or gifts for legislators.
Nevada – Group Seeks to End Gerrymandering with Independent Commission
Las Vega Review-Journal – Colton Lochhead | Published: 11/4/2019
A group looking to end partisan gerrymandering in Nevada is taking the issue to the voters in hopes of creating a bipartisan independent commission to draw political boundaries in the state instead of lawmakers. The League of Women Voters Nevada is expected to file a constitutional amendment with the secretary of state that, if approved by voters in 2020 and again in 2022, would create a commission that would have the sole authority to draw state legislative and congressional boundaries. According to the description of the proposal, the commission would ensure that districts have roughly equal populations, are “geographically compact and contiguous,” provide equal opportunities for minorities to participate in the process, and do not give an unwarranted advantage to one political party.
New York – Council Approves Fine, Suspension and Monitor for Andy King
Politico – Joe Anuta | Published: 10/28/2019
The New York City Council voted to level the most severe punishment in the panel’s history against Andy King, who was found by investigators to have misused council resources and then retaliated against staff members who he thought were cooperating with the ensuing probe. King’s colleagues voted to suspend him for 30 days, install a monitor for the remainder of his term, fine him $15,000, and strip him of his committee assignments. In addition, staffers who were pressured by King to leave would be allowed to return to work, employees would not be required to chauffeur King around in their personal vehicles without compensation, and King’s wife, an employee of the Service Employees International Union, would be prohibited from conducting council business.
New York – Trump Taxes: Appeals court rules president must turn over 8 years of tax returns
MSN – Benjamin Weiser (New York Times) | Published: 11/4/2019
A federal appeals court ruled President Trump cannot block the Manhattan district attorney’s office from subpoenaing his accounting firm for tax returns and financial records, delivering a blow to the president’s claim that he is immune to criminal investigations. But the court noted they were not ruling on all of the sweeping assertions of immunity the president’s lawyers have claimed. During a hearing before the panel, Trump’s personal lawyer had argued that a sitting president enjoys blanket immunity from criminal prosecution and even investigations while in office. The president’s legal team has already made clear that they intend to bring their case to the U.S. Supreme Court.
North Carolina – Is Dan Forest Owed $80,000 in Damages Over a 2012 Political Ad?
Raleigh News and Observer – Will Doran | Published: 11/4/2019
A group that lobbies for state employees could have to pay North Carolina Lt. Gov. Dan Forest nearly $80,000 because of a campaign finance violation from 2012. The North Carolina Supreme Court heard arguments on both sides of that debate recently, years after Forest’s political committee first sued the political arm of the State Employees Association of North Carolina, which is known as EMPAC, The dispute involves political ads and a since-repealed state law that said political ads had to include a large photograph of either the treasurer or chief executive of the group paying for it. Forest claims he is owed $78,000 in damages, even though he won the 2012 election and went on to serve two terms as lieutenant governor. EMPAC says even if there were technical violations in the ads, it should not have to pay Forest any money because he cannot prove he was harmed.
North Carolina – Senate Leader Using Campaign Cash to Buy Raleigh Home
WRAL – Travis Fain | Published: 11/6/2019
Senate Majority Leader Phil Berger’s campaign is buying him a home in Raleigh, and the State Board of Elections told him that is allowed under North Carolina’s campaign finance law. Berger’s campaign has paid at least $55,000 to a company he created called YPD Properties LLC. YPD is a property management company, and it appears to be a pass-through entity for campaign rent payments that ultimately pay the mortgage for a townhome that Berger and his wife bought in May of 2016. Watchdog Bob Hall filed a formal complaint with the elections board, which enforces campaign finance rules. While others use campaign money to rent apartments or pay hotel bills, Hall said this is different because Berger’s buying an appreciating asset.
Tennessee – Judge Orders State Officials to Reduce Jeremy Durham’s Record-Setting Campaign Finance Penalty to $110,000
The Tennessean – Joel Ebert | Published: 11/4/2019
Administrative Law Judge Steve Darnell said former state Rep. Jeremy Durham’s fine of $465,000 for violating Tennessee’s campaign finance law should be reduced to $110,000. The initial fine was the single-largest civil penalty ever assessed by the Registry of Election Finance. Darnell wrote that the Legislature did not “give the registry an unbridled right to dole out civil penalties.” The judge pointed to legal precedent while saying prohibitions on excess civil penalties are covered by the U.S. Constitution. The ruling could further undermine the statute, giving lawmakers, many of whom spend donors’ money in in questionable ways, even more latitude.
Tennessee – State Sen. Brian Kelsey Faces Federal Probe Over Complicated Trail of Campaign Donations, Current and Former Lawmakers Say
The Tennessean – Joel Ebert and Adam Tamburin | Published: 11/5/2019
Tennessee Sen. Brian Kelsey is the subject of a grand jury probe into a complicated money trail related to his failed congressional bid in 2016. The investigation comes more than two years after The Tennessean reported unusual interactions between Kelsey’s state campaign account, a private Nashville club with a PAC, a federal advocacy organization, and the senator’s congressional bid. In a Campaign Legal Center complaint, the group accused Kelsey of violating straw donor prohibitions by purportedly orchestrating the money trail from his state campaign account to the American Conservative Union. He may have also violated straw donor laws when he gave campaign contributions to lawmakers who provided donations to his federal campaign.
Texas – Texas House Speaker Dennis Bonnen Won’t Face Criminal Prosecution, Brazoria County DA Says
Texas Tribune – Cassandra Pollock | Published: 10/24/2019
Texas House Speaker Dennis Bonnen will not be criminally prosecuted for the things he said during a secretly recorded meeting with a hardline conservative activist, the district attorney in his hometown announced. Bonnen has said he will not seek reelection after activist Michael Quinn Sullivan secretly recorded a meeting with Bonnen in June. In the meeting, Bonnen and a top lieutenant asked Sullivan’s group, Empower Texans, to target a list of 10 House Republicans in the upcoming primary elections, and said he could get Empower Texans media access to the House floor. Bonnen also made a handful of disparaging comments about House Democrats and local leaders.
Virginia – Democrats Flip Virginia Senate and House, Taking Control of State Government for the First Time in a Generation
Washington Post – Gregory Schneider and Laura Vozzella | Published: 11/6/2019
Democrats gained control of both houses of the Virginia General Assembly, tapping strength in the suburbs to consolidate power for the first time in a generation and deliver a rebuke to President Trump. Officials reported unusually high turnout in an election that served as an opening salvo in next year’s presidential showdown, a test of Democratic defiance and Republican resolve in the era of Trump. The sweep completed a dramatic political conversion, from red to blue, of a Southern state on Washington, D.C.’s doorstep.
Virginia – Virginia Cyclist Who Flipped Off Trump Wins Loudoun County Seat Representing His Golf Club
Danbury News Times – Paul Schwartzman (Washington Post) | Published: 11/5/2019
Juli Briskman, the cyclist who was photographed giving President Donald Trump the finger two years ago and found herself without a job and at the center of a national uproar, got a new job on November 5, winning a seat on the Loudoun County Board of Supervisors, ousting a Republican in the process. Briskman raised her middle finger as she rode a bicycle alongside the presidential motorcade as Trump departed his golf club in Sterling, Virginia. Briskman said she was intent on basing her campaign on issues and not the incident involving her finger. But she acknowledged her notoriety helped her raise $150,000 for the race.
Washington – Washington High Court Probes Food Industry’s Speech Rights
Capital Press – Don Jenkins | Published: 10/22/2019
A Washington Supreme Court hearing on a record $18 million fine against the food industry touched on boycotts, death threats, and whether companies have the same free-speech protection as civil rights workers. The Grocery Manufacturers Association (GMA) faces the penalty for failing to timely report the names of the companies that contributed $11 million in 2013 to defeat a GMO-labeling initiative. An appeals court upheld the conviction, but found the violations were not intentional and slashed the penalty to $6 million, still by far the largest fine ever in the U.S. for a campaign violation. At the heart of GMA’s case to overturn the fine is whether companies and executives faced retaliation by engaging in political speech. After a tough initiative battle in California in 2012, the GMA set up a separate account to take in money from members. The group then contributed $11 million under its name to the “no” campaign.
Washington DC – D.C. Lawmaker Jack Evans Used Office to Benefit Private Clients, Probe Finds
Washington Post – Fenit Nirappil | Published: 11/4/2019
District of Columbia Councilperson Jack Evans repeatedly used his office on behalf of private clients who paid him hundreds of thousands of dollars, failing to recognize the conflicts and never properly disclosing the payments, according to an investigation by a law firm hired by the council. The confidential report identified 11 instances since 2014 in which Evans violated the council’s rules governing ethics. It marks the first time the council has detailed ethical lapses by Evans, the city’s longest-serving lawmaker. His business interests and his public actions have been the target of a federal investigation, as well as a probe by the Washington Metropolitan Area Transit Authority.
November 6, 2019 •
Wednesday’s LobbyComply News Roundup
Campaign Finance California: “Donations to Anderson’s 2020 County Supervisor Campaign Draw Questions” by Jeff McDonald for San Diego Union-Tribune Tennessee: “State Sen. Brian Kelsey Faces Federal Probe Over Complicated Trail of Campaign Donations, Current and Former Lawmakers Say” by Joel […]
Campaign Finance
California: “Donations to Anderson’s 2020 County Supervisor Campaign Draw Questions” by Jeff McDonald for San Diego Union-Tribune
Tennessee: “State Sen. Brian Kelsey Faces Federal Probe Over Complicated Trail of Campaign Donations, Current and Former Lawmakers Say” by Joel Ebert and Adam Tamburin for The Tennessean
Ethics
National: “Inside Adam Schiff’s Impeachment Game Plan” by Adam Zengerle (New York Times) for MSN
National: “Sondland Updates Impeachment Testimony, Describing Ukraine Quid Pro Quo” by Michael Schmidt (New York Times) for MSN
New York: “Council Approves Fine, Suspension and Monitor for Andy King” by Joe Anuta for Politico
Washington DC: “D.C. Lawmaker Jack Evans Used Office to Benefit Private Clients, Probe Finds” by Fenit Nirappil for Washington Post
Lobbying
National: “Lobbyists’ Revolving Door Leads Back to Capitol Hill Jobs” by Megan Wilson for Bloomberg Government
Redistricting
Nevada: “Group Seeks to End Gerrymandering with Independent Commission” by Colton Lochhead for Las Vega Review-Journal
September 13, 2019 •
News You Can Use Digest – September 13, 2019
National/Federal At the Bedraggled FEC, a Clean Slate of Leaders? The First African-American Commissioner? Center for Public Integrity – Dave Levinthal | Published: 9/11/2019 The FEC no longer has enough members to conduct high-level business. The U.S. Senate and President Trump […]
National/Federal
At the Bedraggled FEC, a Clean Slate of Leaders? The First African-American Commissioner?
Center for Public Integrity – Dave Levinthal | Published: 9/11/2019
The FEC no longer has enough members to conduct high-level business. The U.S. Senate and President Trump could easily appoint new commissioners and soon end the agency’s involuntary trip through limbo. Senate Democrats have recommended Shana Broussard, an attorney and executive assistant to longtime Commissioner Steven Walther, to Trump for nomination. Meanwhile, the Republican-controlled Senate could at any moment consider Trump’s lone FEC nominee to date, Trey Trainor, who has languished for nearly two years without even a confirmation hearing. But there is disagreement among Senate Republicans and Democrats, as well as the White House, on how to proceed. FEC Chairperson Ellen Weintraub said the agency’s more than 300 employees are attending to their work the best they can.
FEMA Officials Accused of Bribery, Fraud in Hurricane Maria Relief
MSN – Rick Jarvis (USA Today) | Published: 9/10/2019
Two former officials of the Federal Emergency Management Agency (FEMA) and the former president of an energy contractor were arrested, accused of bribery and wire fraud while trying to restore electricity to Puerto Rico in the wake of Hurricane Maria. Prosecutors said the president of Cobra Acquisitions, Donald Keith Ellison, gave FEMA’s deputy regional director airline flights, hotel accommodations, personal security services, and the use of a credit card. In return, Ahsha Nateef Tribble “used any opportunity she had to benefit Cobra,” said U.S. Attorney Rosa Emilia Rodríguez, including accelerating payments to the company and pressuring power authority officials to award it contracts.
Harsh Spotlight on Trump Donors Raises Disclosure Questions
Danbury News Times – Michelle Ye Hee Lee (Washington Post) | Published: 9/10/2019
Critics of President Trump are taking aim at his campaign donors, who have become the subject of social media attacks from liberals when their identities become public. A large amount of information about donors is available publicly, a result of laws intended to serve as a check on corrupting influences on politicians. Campaigns and committees are required to turn over the name, address, job title, employer, and donation amount of anyone giving at least $200. The information is published on the FEC’s website. Some transparency advocates worry the increasing attacks on donors could spark a backlash against the disclosure of information. They fear the attacks will discourage voters from giving or steer them into contributing to political nonprofit groups that are not required to disclose their donors.
How Elizabeth Warren Raised Big Money Before She Denounced Big Money
MSN – Shane Goldmacher (New York Times) | Published: 9/9/2019
Early this year, U.S. Sen. Elizabeth Warren vowed not to attend private fundraisers or call rich donors anymore. Admirers and activists praised her stand, but few noted the fact that she had built a financial cushion by pocketing big checks the years before. The open secret of Warren’s campaign is that her big-money fundraising through 2018 helped lay the foundation for her anti-big-money run for the presidency. Last winter and spring, she transferred $10.4 million in leftover funds from her 2018 Senate campaign to underwrite her 2020 run, a portion of which was raised from the same donor class she is now running against. As Warren has risen in the polls on her populist and anti-corruption message, some donors and, privately, opponents are chafing at her campaign’s purity claims of being “100 percent grassroots funded.”
IRS Issues Proposed Rules to Reduce Donor Disclosure Requirements Following Court Ruling
The Hill – Naomi Jagoda | Published: 9/6/2019
The Treasury Department and IRS issued proposed rules to reduce donor disclosure requirements for certain tax-exempt groups after a federal judge set aside guidance the agencies had previously released on the topic because it had not gone through a notice and comment period. Under the proposed rules, certain tax-exempt groups – including groups such as the National Rifle Association, as well as labor unions and business leagues – would no longer be required to provide the names and addresses of major donors on annual tax forms. Charities that have tax-exempt status under section 501(c)(3) of the tax code, as well as political organizations, would still be required to report the names and addresses of donors.
Mayors Are Harassed and Threatened, But Just How Often?
Governing – Mike Maciag | Published: 9/1/2019
Demeaning comments, harassment and, less commonly, threats of violence all come with the job of being a mayor. A new national survey assesses how frequently mayors experience various forms of abuse. The survey, the basis of a study published in the journal State and Local Government Review, finds most mayors contend with verbal hostility or physical intimidation at rates above those of the general workforce. Disrespectful comments or images on social media were by far the most frequent means of abuse. More serious acts of violence were far less common. About 11 percent of mayors reported property damage.
Nevada, SC, Kansas GOP Drop Presidential Nomination Votes
AP News – Meg Kinnard | Published: 9/7/2019
Republican leaders in Nevada, South Carolina, and Kansas have voted to scrap their presidential nominating contests in 2020, erecting more hurdles for the long-shot candidates challenging President Trump. Primary challenges to incumbents are rarely successful, and Trump’s poll numbers among Republican voters have proved resilient. Nonetheless, Trump aides are looking to prevent a repeat of the convention discord that highlighted the electoral weaknesses of Presidents George H.W. Bush and Jimmy Carter in their failed reelection campaigns.
Redistricting Fights Rage with Future of Congress at Stake
The Hill – Reid Wilson | Published: 9/6/2019
Strategists and observers who track state legislative races say tensions are already running at election-year levels, a reflection of the unusually high stakes in contests that immediately precede the decennial redistricting cycle. The difference between just a handful of local elections across the country could mean a long-term shift in partisan control of Congress. If one party makes big gains in state Legislatures, they would have the power to use the decennial reapportionment and redistricting process to substantially alter the partisan makeup of Congress. The high stakes in states across the country are reminiscent of the 2010 election, which became a Republican wave that swept the GOP to power and handed them control of the redistricting process.
Retiring Lawmakers Will Face Tough Market on K Street
Roll Call – Kate Ackley | Published: 9/9/2019
K Street recruiters are poring over the list of 21, and counting, lawmakers planning to exit Congress, but the lobbying sector may offer a shrinking supply of big-money gigs heading into the 2020 elections. As more House members and senators consider making their escape from Capitol Hill, the realities of the K Street economy and the “revolving door” will be among their considerations, say insiders at lobbying firms and headhunters. Those who make hiring decisions on K Street say ex-lawmakers can sometimes struggle in the lobbying sector where they no longer receive the trappings that come with elective office, such as a team of staff members. Many former members also balk, at least initially, at the idea of registering as a federal lobbyist or foreign agent, setting out limitations that firms find increasingly frustrating. In most cases, it is the congressional staff members that K Street really clamors for.
Trump Had Deal with Scotland Airport That Sent Flight Crews to His Resort
MSN – Eric Lipton (New York Times) | Published: 9/9/2019
President Trump sought to tamp down a growing controversy over a stay at his golf resort in Scotland by U.S. military personnel who were traveling through the local airport in March. He said he was not involved in any decision to put an Air Force flight crew at the resort, known as Trump Turnberry. But documents obtained from Scottish government agencies show the Trump Organization, and Trump himself, played a direct role in setting up an arrangement between the Turnberry resort and officials at Glasgow Prestwick Airport. The government records show the Trump organization, starting in 2014, entered a partnership with the airport to try to increase private and commercial air traffic to the region.
From the States and Municipalities
Arizona – Some Push for Scottsdale to End Prayer at Council Meetings Amid Legal Showdown with Satanists
Arizona Republic – Lorraine Lonhi | Published: 9/10/2019
A Scottsdale resident and activists petitioned a city commission to recommend replacing invocations with moments of silence at city council meetings. The move comes as Scottsdale and Satanists are locked in a legal battle over the city’s decision three years ago to block Satanists from leading a council meeting invocation. The Satanic Temple, an international Satanist group, has been asking city councils across the country to lead their invocations for several years. Some cities, such as Pensacola, Florida, allowed Satanists to give the invocations, but faced public backlash. Scottsdale resident Sandy Schenkat said she has asked the Human Relations Commission three times this year to recommend that council adopt a moment of silence in place of invocations, but her requests have gone ignored.
California – Ex-Palm Springs Mayor Steve Pougnet, Developers Due in Court After Grand Jury Indictment
Palm Springs Desert Sun – Christopher Damien | Published: 9/11/2019
Former Palm Springs Mayor Steve Pougnet and developers John Wessman and Richard Meaney will be arraigned following their indictments in connection with a long-running corruption case. More than four years have passed since agents from the FBI, IRS, and the Riverside County district attorney’s office raided Palm Springs City Hall. In bringing charges against the three men in 2017, the district attorney alleged Pougnet accepted bribes in exchange for city council votes and contracts in favor of their projects. The three have previously pleaded not guilty. If found guilty, Pougnet could be sentenced to as much as 19 years in prison, while the developers, if convicted, could face up to 12 years in prison each.
California – Insider Lunch and a London Party: California Democrat cozied up to industry he regulates
MSN – Hannah Wiley (Sacramento Bee) | Published: 9/10/2019
Three months after taking office, California Insurance Commissioner Ricardo Lara scheduled a lunch with insurance company executives with a pending matter before his department. A memo to Lara said the meeting had a specific purpose: “Relationship Building to benefit Ricardo Lara for Insurance Commissioner 2022.” He pledged not to take money from the insurance industry as he ran for the post but broke his promise this year by accepting more than $50,000 from insurance representatives and their spouses. Some of the money came from donors who ties to one of the companies scheduled to be represented at the lunch. Social media posts show Lara also counts insurance lobbyists among his friends. He partied with a Farmers Insurance lobbyist on New Year’s Eve a week before his inauguration.
California – Insurance Commissioner Charging Rent for Second Residence to Taxpayers
Politico – Carla Marinucci and Angela Hart | Published: 9/5/2019
California Insurance Commissioner Ricardo Lara has stuck taxpayers with thousands of dollars in bills to cover the cost of renting an apartment in Sacramento while he maintains his primary residence in Los Angeles, a break from other statewide elected officials that is alarming ethics watchdogs. Lara is already under scrutiny for his campaign fundraising and perceived coziness with the insurance industry. Lara spokesperson Michael Soller said Department of Insurance legal counsel concluded Lara’s rental expenses comply with state law because he only bills taxpayers for days spent in Sacramento. Soller declined to provide the legal memo or the name of the lawyer.
Colorado – Chief Storytellers: Community engagement or PR?
Governing – Graham Vyse | Published: 8/29/2019
It looked like a conventional public meeting as a city employee in Denver stood before half a dozen people in a community center. Yet this was not a typical community forum, and Rowena Alegría was not a typical city employee. “I am the chief storyteller for the city and county of Denver,” she told the group, and she had come for one of her regular “storytelling labs.” They are a chance for residents to record personal stories about their city, using text, audio, and video to help local government preserve community history. Denver’s alternative paper Westword called into question how the chief storyteller “just happens to be a former Mayor Michael] Hancock aide,” raising concerns that she was running “a taxpayer-funded office designed to polish PR for Denver.” But Alegría is quick to say her storytelling is “community engagement, not PR.”
Connecticut – State Employee Fined for Hiring Daughter for Temporary Summer Job
Hartford Courant – Russell Blair | Published: 9/9/2019
A former Connecticut Department of Public Health (DPH) employee was fined $2,500 for using her position to hire her daughter for a temporary summer job and failing to disclose the conflict-of-interest. Andrea Lombard was an epidemiologist in the hepatitis C program at DPH. In the summer of 2018, DPH was looking to fill administrative assistant positions in the program and hired an outside vendor to help with process. Lombard’s daughter became a candidate for one of those positions and she personally selected her daughter to fill one of the positions. While her daughter was employed, Lombard directly supervised her, including assigning and evaluating her work, approving her timecards, and approving overtime.
Florida – Broward Lawmaker in Line to Lead Senate Democrats Is in Relationship with Lobbyist Paid to Influence Florida Legislature
South Florida Sun Sentinel – Anthony Man | Published: 9/9/2019
Florida Sen. Gary Farmer, chosen by his colleagues to be the Democratic Party leader after the 2020 elections, recently told them he has been involved with a woman who lobbies the state Legislature. Florida law and Senate rules do not ban such relationships. A senator cannot “vote on any matter that the officer knows would inure to his or her special private gain or loss.” Senate rules require disclosure of a conflict if the special private gain or loss applies to an immediate family member or business associate.
Florida – NRA’s Marion Hammer Got Illegal Loans from Nonprofit She Runs, Unified Sportsmen of Florida
Florida Bulldog – Dan Christensen | Published: 9/6/2019
National Rifle Association (NRA) lobbyist Marion Hammer obtained several apparently illegal loans over the years from Unified Sportsmen of Florida, the Tallahassee nonprofit she founded and runs. The most recent loan in 2017, for $200,000, was given to Hammer, who earns $110,000-a-year as the group’s executive director, so she could “refinance and purchase” real estate, according to Unified Sportsmen’s regulatory filings. Florida law prohibits not-for-profit corporations like Unified Sportsmen from loaning money to their directors or officers. And while Unified Sportsmen solicits contributions from the public, the state Department of Agriculture and Consumer Services has not made it register, disclose certain information, or pay fees as the law requires of nonprofits.
Illinois – Watchdog Accuses County Clerk Karen Yarbrough of Running ‘Illegal Patronage’ Operation, Wants Court Oversight
Chicago Tribune – Ray Long | Published: 9/11/2019
Less than a year into office, Cook County Clerk Karen Yarbrough faces potential federal court oversight of hiring amid a watchdog’s accusations that she is “running an illegal patronage employment system.” Veteran anti-patronage attorney Michael Shakman said in a new legal filing that Yarbrough has put the politically connected into jobs that are supposed to be free from such influence, asked her employees for campaign contributions on their private cellphones and transferred certain supervisors to far-flung offices in hopes they would quit. Yarbrough, who was under federal court oversight in her previous job as recorder of deeds, called Shakman’s latest allegations “preposterous.”
Iowa – A Family Affair: As their parents campaign in Iowa, kids of 2020 candidates get a taste of the trail
Des Moines Register – Ian Richardson | Published: 9/5/2019
As 2020 presidential hopefuls traversed Iowa this summer to woo voters, their families have often tagged along for the ride. Candidates say bringing their families along helps them spend more time with them during their grueling campaign schedules. It also gives Iowans a more up-close look at the candidates’ personal lives, which can make them more relatable in a process that puts a high value on person-to-person interaction. Even when their kids are not around, the children of candidates make frequent appearances in their speeches, with candidates sharing the impact they have made on their policies like health care and childcare.
Kentucky – Gov. Bevin Asks Kentucky Supreme Court to Remove Judge from Case over Facebook ‘Like’
Louisville Courier-Journal – Phillip Bailey | Published: 9/11/2019
Gov. Matt Bevin wants the Kentucky Supreme Court to remove Franklin Circuit Court Judge Phillip Shepherd from hearing the teacher “sickout” lawsuit, saying he is too biased to preside over the case. The governor’s legal team says the integrity of the state’s judicial branch is on the line and requests Chief Justice John Minton appoint a special judge. The Bevin administration points to an August Facebook post Shepherd “liked” that praises campaign volunteers for Andy Beshear, who is running against Bevin in the fall election. Bevin used Twitter to slam Shepherd for “his blatant partisan support for Democrats.” Shepherd declined to remove himself from the case, saying he had liked posts from Republicans and was supporting the political process in general.
Massachusetts – Mayor Charged with Taking Bribes to Help Pot Businesses
AP News – Philip Marcelo | Published: 9/6/2019
Fall River Mayor Jasiel Correia was arrested on charges he conspired to extort hundreds of thousands of dollars from companies seeking to operate marijuana businesses. Correia brazenly accepted cash bribes in exchange for issuing official letters needed to obtain a license to set up a pot business, authorities alleged. They said at least four business owners paid a total of $600,000 in bribes to the mayor, and he used the money to support a lavish lifestyle and cover mounting legal bills. Correia was already facing charges on accusations he stole investor funds. He has pleaded not guilty. The latest investigation, which also involved agents from the FBI and IRS, highlighted the potential for abuse in Massachusetts’ nascent retail marijuana industry, authorities said.
Minnesota – DFL Lawmaker Resigns from University of Minnesota Post After Questions About Hiring
Minneapolis Star Tribune – Torey Van Oot | Published: 9/11/2019
State Rep. Jamie Long announced he is resigning from a paid fellowship at the University of Minnesota after Republicans raised questions about preferential treatment in filling the post. Long accepted a seven-month research fellowship at the Institute on the Environment’s Energy Transition Lab in July. The $50,000 temporary role was set to end just after the Legislature returns to work in February. In a statement announcing his resignation, Long, an attorney, said he was “honored” to accept the job after “a competitive public hiring process.” He cited his long history of working on environmental and climate issues. But e-mails and internal documents show Long and Ellen Anderson, a former state senator now at the helm of the Energy Transition Lab, discussed creating the position months before it was publicly posted.
Missouri – Parson’s Longtime Friend Is a Lobbyist, and Their Money Ties Could Cloud Governor’s Bid
Kansas City Star – Jason Hancock and Crystal Thomas | Published: 9/8/2019
As Missouri Gov. Mike Parson kicks off his quest to win a full term as governor, his long-standing friendship and political partnership with lawmaker-turned-lobbyist Steve Tilley is once again under the microscope. So far this year, a quarter of every dollar raised to elect Parson governor in 2020 is connected to Tilley. A large part of that money has come from lobbying clients engaged in industries regulated by the state agencies Parson oversees, ranging from gaming to medical marijuana to low-income housing tax credits. Before Parson took over as governor in June 2018, Tilley had 25 lobbying clients. In the year since Parson took the oath of office, that number has ballooned to more than 70.
Missouri – Stenger’s Former Right-Hand Man Gets 15 Months in Prison for His Role in Pay-To-Play Scheme
St. Louis Public Radio – Rachel Lippmann | Published: 9/6/2019
William Miller, the chief of staff to disgraced former St. Louis County Executive Steve Stenger, was sentenced to 15 months in prison for working to make sure a campaign donor to Stenger got a lobbying contract. Miller had pleaded guilty to aiding and abetting bribery. The prosecution’s sentencing memo outlines several instances in which Miller used his clout as chief of staff to bully and threaten lower-level employees into doing Stenger’s bidding. By contrast, Miller’s attorney, Larry Hale, portrayed Miller as someone who was simply following the orders of Stenger, a “vindictive person known to threaten to terminate or otherwise punish those who did not follow his directives.”
Montana – Court Strikes Down Montana Law Barring Political Robocalls
AP News – Matt Volz | Published: 9/10/2019
A three-judge panel of the Ninth U.S. Circuit Court of Appeals ruled Montana cannot ban political robocalls based on their content alone, marking the latest in a string of court decisions against states that attempt to restrict automated phone calls promoting political campaigns. The judges said Montana’s law is a violation of the First Amendment’s free-speech protections. The court has previously upheld other state laws that regulate robocalls, such as those that aim to protect consumers from scams, but those laws were based on how robocalls are made and not on what they say, the judges said.
Montana – Montana Ethics Chief Recommends Bringing Lobbying Code ‘Into the 21st Century’
Bozeman Daily Chronicle – Eric Dietrich (Montana Free Press) | Published: 9/5/2019
Montana Commissioner of Political Practices Jeff Mangan told a legislative committee that lawmakers should consider updating state lobbying rules to bring them “into the 21st century” by, for instance, requiring electronic filing for lobbying reports and clarifying whether regulations apply to grassroots lobbying like social media campaigns. “You will find the word ‘telegraph’ in the current code as far as what lobbyists should be reporting, telephone and telegraph expenses; you won’t find the word ‘internet’ in there,” Mangan said. Lawmakers on the State Administration and Veterans’ Affairs Committee voiced concern about the cost of administering new lobbying regulations but voted to study the issue and potentially draft bills for consideration in the 2021 Legislature.
New Jersey – ACLU Files Suit in Favor of ‘Dark Money,’ Says Donors Should Be Able to Give Money Anonymously
Newark Star Ledger – Ted Sherman (NJ Advance Media) | Published: 9/10/2019
The American Civil Liberties Union (ACLU) went to federal court seeking to overturn a law that would require political organizations that accept so-called dark money in New Jersey to disclose their donors. The ACLU said the law violates the First and Fourteenth Amendments and called for an order to restrain the state from enforcing the act. Gov. Phil Murphy signed the bill into law despite his reservations over its constitutionality. The law requires independent expenditure commissioners to publicly disclose donors contributing more than $10,000 to the organization and bar any person who chairs a political party committee or a legislative leadership committee from serving as that committee’s chairperson or treasurer. The ACLU argued it would fall under the restrictions, and said because it often works on controversial issues of public interest, many of its donors avail themselves of anonymity.
New York – Alleged Rape Victim’s Case Shakes Up JCOPE
Albany Times Union – Chris Bragg | Published: 9/10/2019
The normally staid monthly meeting of the New York Joint Commission on Public Ethics (JCOPE) featured a first: two women dressed in red cloaks and white wimples stationed outside the agency’s offices, reading a satiric children’s book detailing the panel’s alleged failings. The protest, with costumes inspired by the novel “The Handmaid’s Tale,” was organized by Kat Sullivan, an alleged rape survivor who has been targeted for possible lobbying violations while advocating for passage of the Child Victim’s Act. Sullivan took out ads on billboards criticizing the state’s molestation laws. JCOPE determined the billboards amounted to lobbying and threatened Sullivan with fines if she refused to pay the registration fee. Sullivan’s attorney went before JCOPE to demand that it drop the case against Sullivan since she did not spend enough on the billboards to qualify as a lobbyist under state law.
New York – Marijuana Legalization Opponent Directed to Identify Donors
Albany Times Union – David Lombardo | Published: 9/10/2019
The Joint Commission on Public Ethics (JCOPE) denied a request from the New York chapter of Smart Approaches to Marijuana (SAM-NY) to keep its donors private. SAM-NY contended it should be exempt from the state’s semi-annual disclosure because its supporters would be subject to harassment and economic reprisal if they were identified. New York law has a blanket disclosure exemption for charitable organizations engaged in lobbying, including the pro-legalization Drug Policy Alliance. JCOPE has denied disclosure exemption requests in the past from the New York Civil Liberties Union, New Yorkers for Constitutional Freedoms, and Family Planning Advocates of New York, only to have those decisions overturned by a judicial hearing officer, who described the rulings as “clearly erroneous.”
North Carolina – Dan Bishop, North Carolina Republican, Wins Special Election
MSN – Richard Fausset and Jonathan Martin (New York Times) | Published: 9/10/2019
Dan Bishop, a Republican state senator, scored a narrow victory in a special U.S. House election in North Carolina that demonstrated President Trump’s appeal with his political base but also highlighted his party’s deepening unpopularity with suburban voters. Bishop defeated Dan McCready, a moderate Democrat, by two percentage points in a district Trump carried by nearly 12 points in 2016. The fight for the Ninth Congressional District also brought to an end a tortured political drama: The 2018 midterm race for the seat, in which McCready barely lost against a different Republican, was in question for months because of evidence of election fraud on the GOP side. The election was finally thrown out, an embarrassing conclusion for state Republicans who had carved the lines of the deeply red district.
North Carolina – House Overrides Budget Veto in Surprise Vote with Almost Half of Lawmakers Absent
Raleigh News and Observer – Dawn Baumgartner Vaughan, Loren Horsch, and Paul Specht | Published: 9/11/2019
Republican lawmakers in North Carolina abruptly voted to override Democratic Gov. Roy Cooper’s veto of the state budget, sparking chaos in the chamber by bypassing Democratic lawmakers. Democrats said they did not expect a voting session that morning. Only 12 Democrats were present, and only nine voted, with several not even at their seats, party leader said. Cooper accused Republicans of pulling “their most deceptive stunt yet” at a time when many North Carolinians were focused on honoring those killed in the September 11 attacks, though it was not clear how many lawmakers may have been attending memorials. The override is not complete as the Senate still must hold a vote on the issue, but Republicans there need only one Democrat to join them to secure victory.
North Dakota – Little to No Business for North Dakota State Ethics Boards in Recent Years
Bismarck Tribune – Jack Dura | Published: 9/11/2019
North Dakota’s new Ethics Commission is preparing to meet for the first time. Other state ethics have taken up little to no business in recent years. State lawmakers have an ethics committee, but there is no indication it has ever met. The new five-member commission is tasked with investigating ethics complaints against elected state officials, candidates for office, and lobbyists, and is expected to write its own administrative rules. Senate Majority Leader Rich Wardner said the lack of ethics meetings and complaints indicates nothing has risen to the level of a perceived violation. “I think overall most legislators pull a pretty fine line and stay away from stuff like that, and so I appreciate that as leader,” Wardner said.
Oregon – Campaign Money Limits in 2020? Oregon Supreme Court Leaves Possibility Open
Portland Oregonian – Rob Davis | Published: 9/5/2019
The Oregon Supreme Court rejected a request to delay arguments in a major campaign finance case, a decision that leaves open the possibility that political donations could be capped in statewide races next year, even though lawmakers have stumbled in their own attempts to set them. Business groups wanted the court to postpone hearing a case to decide the legality of limits adopted by Multnomah County voters in 2016. The groups argued it was inappropriate for the court to rule on limits with voters set to do the same thing next November. Supporters of limits characterized the request as an attempt to allow unlimited contributions to dominate another election cycle. Chief Justice Martha Walters denied the industry groups’ request without specifying why.
Oregon – Oregon Open Records Bill Dies After Governor’s Staff Privately Contradicts Her Transparency Pledge, Documents Show
Portland Oregonian – Molly Young | Published: 9/11/2019
Top staffers for Gov. Kate Brown privately worked against a pro-transparency bill that ultimately failed in June, according to records released by Oregon’s public records advocate in the wake of her resignation. Brown has pledged to increase transparency under her watch since she was sworn in as governor in 2015. Yet memos and emails show staffers and lobbyists working on her behalf opposed a proposal to make state agencies track and disclose information about records requests they receive from the public. The documents say Brown’s staffers told public records advocate Ginger McCall her work to support the bill contradicted the governor’s interests and was a bad idea. Then, by action or inaction, Brown’s office got in the way of the bill’s progress while publicly maintaining its support for transparency and the concept of government accountability.
Pennsylvania – Deal to End Ex-Philly Deputy Mayor’s Bribery Case with One-Year Sentence Crumbles in Court
Philadelphia Inquirer – Jeremy Roebuck | Published: 9/5/2019
After his conviction for bribing then-U.S. Rep. Chaka Fattah was overturned, former Philadelphia Deputy Mayor Herbert Vederman made a deal with the Justice Department that would send him to prison for only one year – half of what he originally had received – instead of risking a second trial. But U.S. District Court Judge Harvey Bartle III had other ideas. Calling the agreement “far too lenient” and “not just,” the judge rejected the proposal and ordered Vederman, whom prosecutors once described as Fattah’s “human ATM machine,” to spend two years in prison. The turn of events capped what already had been an unusual proceeding that brought into the open rarely seen discord between Justice Department officials in Washington, D.C. and their local counterparts.
Rhode Island – Rhode Island House Employee Has Sexual Assault Conviction, Records Show
Boston Globe – Edward Fitzpatrick | Published: 9/9/2019
A former police sergeant who was convicted of committing sexual assault while in uniform in the 1980s has been employed by the Rhode Island Legislature for more than a decade. Michael Burke, a former North Kingstown police officer who served prison time on two counts of first-degree sexual assault, has worked as “manager of House operations” since 2007 but is now out on workers’ compensation. The House speaker when Burke was hired, William Murphy, said Burke was recommended to him by a former state representative, whom he declined to identify, and he interviewed Burke. “I gave him a second chance,” Murphy said. “When I was speaker, he always comported himself as a gentleman in the statehouse. I never received any complaint about him. … I am glad I gave Mr. Burke a second chance.”
Tennessee – Rep. Andrew Farmer Changes Billboards Over Concerns He Used His Elected Office to Promote Private Business
Knoxville News Sentinel – Joel Ebert (The Tennessean) | Published: 9/9/2019
Earlier this year, Rep. Andrew Farmer changed billboards for his personal business over concerns from residents he was using his elected office to benefit his law firm. Farmer has several billboards in East Tennessee for his law firm, which provides criminal defense and personal injury services. One of the billboards read, “Who better to argue the law than an actual lawmaker?” Paying for the billboards for his personal business out of campaign money would be illegal. Farmer said he does not use his position as a lawmaker to help attract more clients or influence the outcome of cases.
Tennessee – Tennessee Campaign Finance Officials Urge Revamp of Website, More Auditors to Scrutinize Lawmaker Spending
The Tennessean – Joel Ebert | Published: 9/11/2019
State watchdogs want to revamp Tennessee’s campaign finance reporting website and hire additional auditors. The Registry of Election Finance approved a plan to start talks with the secretary of state’s office about updating its website, which provides the public and the media a view into the activities of candidates. After discovering the Bureau of Ethics and Campaign Finance had more than $1 million available in reserves, registry board member Tom Lawless suggested an update to the state’s website is necessary. Registry Auditor Jay Moeck said he is currently unable to fulfill 18 outstanding audits before the end of the year. He was tasked with coming up with hiring recommendations prior to the panel’s November meeting.
Texas – New Disclosures Show Texas Sen. Royce West Making Big Bucks from Government Contracts
Texas Tribune – Jay Root | Published: 9/5/2019
For years, Texas Sen. Royce West raked in millions of dollars in legal fees representing governmental entities such as the Dallas and Houston independent school districts, metropolitan transportation agencies, and major Texas cities, sparking criticism he is using his influence as a state lawmaker to score business deals average citizens cannot get. Until now, it was nearly impossible for voters to quantify the number of governmental contracting deals or estimate how much he has been personally making from his private business interests. But because West running for the U.S. Senate, which requires more robust disclosure than Texas, he is finally pulling back the curtain on his considerable wealth.
September 9, 2019 •
Monday’s LobbyComply News Roundup
Campaign Finance National: “IRS Issues Proposed Rules to Reduce Donor Disclosure Requirements Following Court Ruling” by Naomi Jagoda for The Hill Elections Iowa: “A Family Affair: As their parents campaign in Iowa, kids of 2020 candidates get a taste of […]
Campaign Finance
National: “IRS Issues Proposed Rules to Reduce Donor Disclosure Requirements Following Court Ruling” by Naomi Jagoda for The Hill
Elections
Iowa: “A Family Affair: As their parents campaign in Iowa, kids of 2020 candidates get a taste of the trail” by Ian Richardson for Des Moines Register
Ethics
California: “Insurance Commissioner Charging Rent for Second Residence to Taxpayers” by Carla Marinucci and Angela Hart for Politico
Massachusetts: “Mayor Charged with Taking Bribes to Help Pot Businesses” by Philip Marcelo for AP News
Pennsylvania: “Deal to End Ex-Philly Deputy Mayor’s Bribery Case with One-Year Sentence Crumbles in Court” by Jeremy Roebuck for Philadelphia Inquirer
Lobbying
Florida: “NRA’s Marion Hammer Got Illegal Loans from Nonprofit She Runs, Unified Sportsmen of Florida” by Dan Christensen for Florida Bulldog
Montana: “Montana Ethics Chief Recommends Bringing Lobbying Code ‘Into the 21st Century’” by Eric Dietrich (Montana Free Press) for Bozeman Daily Chronicle
Redistricting
National: “Redistricting Fights Rage with Future of Congress at Stake” by Reid Wilson for The Hill
August 30, 2019 •
News You Can Use Digest – August 30, 2019
National/Federal Barr Books Trump’s Hotel for $30,000 Holiday Party MSN – Jonathan O’Connell and David Fahrenthold (Washington Post) | Published: 8/27/2019 Attorney General William Barr will hold a family holiday party for 200 people at Trump International Hotel in December that […]
National/Federal
Barr Books Trump’s Hotel for $30,000 Holiday Party
MSN – Jonathan O’Connell and David Fahrenthold (Washington Post) | Published: 8/27/2019
Attorney General William Barr will hold a family holiday party for 200 people at Trump International Hotel in December that is likely to cost $30,000. Barr is paying for the event himself and chose the venue only after other hotels were booked, according to a Department of Justice official. The official said the purpose of Barr’s party was not to curry favor with the president. Barr holds the bash annually, and it combines holiday festivities and a cèilidh, a party featuring Irish or Scottish music. Barr’s decision to book his boss’s hotel marks the latest collision between Trump’s administration and his business, which the president no longer operates but from which he still benefits financially.
Could Take FEC a While to Regain a Quorum, But Don’t Expect a ‘Wild West’
Roll Call – Kate Ackley | Published: 8/28/2019
FEC Vice Chairperson Matthew Petersen announced he will be stepping down by the end of August. The departure leaves the FEC with only three out of six commissioners, which means the agency is one vote short of the minimum of four votes needed to initiate audits, engage in rulemaking, vote on enforcement matters, issue an advisory opinion, or hold meetings. Still, those who advise campaigns and donors, or focus on campaign finance law, say the 2020 campaigns will not be entirely without legal checks or public relations concerns. In 2008, the FEC lacked a quorum for a few months. A senior Senate GOP aide said despite an apparent lack of movement on the matter, there is an ongoing effort to fill all six FEC seats.
David Koch Leaves Behind Legacy of Dark Money Political Network
Roll Call – Kete Ackley | Published: 8/23/2019
David Koch, who helped pioneer a network of often surreptitious organizations aimed at influencing elections and public policy, leaves behind a legacy of “dark-money” groups and a volatile political landscape. Koch, one half of the Koch Brothers along with his older brother Charles, has died at age 79. Congressional and K Street insiders, whether they agreed with the Kochs’ libertarian-conservative ideology or fought it, agreed that David Koch left a lasting imprint on the nation’s politics. The Koch network, which includes such groups as Americans for Prosperity, helped to resuscitate the Republican Party after its losses in the 2008 presidential and congressional elections and helped give rise to the tea party movement.
Ethics Outcry as Trump Touts ‘Magnificent’ Doral for Next G7
AP News – Bernard Condon and Adriana Gomez Licon | Published: 8/26/2019
Watchdogs have long railed against the perils of Donald Trump earning money off the presidency and hosting foreign leaders at his properties. But they say Trump’s proposal to bring world leaders to his Miami-area resort for the next Group of 7 meeting takes the conflict-of-interest to a whole new level because, unlike stays at his Washington, D.C., they would have no choice but to spend money at his property. Trump’s pitch comes as several lawsuits accusing the president of violating the U.S. Constitution’s emoluments clause, which bans gifts from foreign governments, wind their way through the courts. It also comes as Doral, by far the biggest revenue generator among the Trump Organization’s 17 golf properties, appears to have taken a hit from Trump’s move into politics.
Facebook Tightens Political Ad Rules, But Leaves Loopholes
AP News – Barbara Ortutay | Published: 8/27/2019
Facebook said it would tighten some of its rules around political advertising ahead of the 2020 presidential election. The changes include a tightened verification process that will require anyone wanting to run ads pertaining to elections, politics, or big social issues like guns and immigration to confirm their identity and prove they are in the U.S. Beginning in mid-September, such advertisers confirm their group’s identity using their organization’s tax identification number or other government ID. A loophole that will allow small grassroots groups and local politicians to run political ads could continue to allow bad actors to take advantage of the process.
Joe Walsh Says Trump Is ‘Unfit’ to Be President. Some Say the Same About Him.
ENM News – Matt Stevens and Annie Karni (New York Times) | Published: 8/27/2019
Former U.S. Rep. Joe Walsh, now a conservative radio show host, is challenging President Trump for the Republican nomination on the basis that he represents an alternative to a president who is morally unfit to hold his office. But in the days since Walsh announced his bid, he has been forced to confront his own highly questionable behavior. As Walsh introduces himself to voters, his long trail of racist and anti-Muslim statements, voiced for years on his conservative radio show and on Twitter, have revealed more similarities with Trump than stark differences in views and temperament.
Kirsten Gillibrand Exits Presidential Race
Politico – Elena Schneider | Published: 8/28/2019
U.S. Sen. Kirsten Gillibrand ended her bid for the presidency. Gillibrand, who ran a distinctly feminist campaign, failed to meet the Democratic National Committee’s criteria for the September presidential debate. A statement released by her campaign cited her lack of “access to the debate” stage as a reason she decided to end her run. Gillibrand struggled to stand out of the sprawling, diverse Democratic primary field, which included five other women. Like other candidates languishing at single or near zero digits in national polling, Gillibrand was not able to pull off a breakthrough moment.
Obama Announces New Push in Fight Against Gerrymandering
HuffPost – Sam Levine | Published: 8/27/2019
A group backed by President Obama will send experts to train people across the country on the basics of redistricting as part an effort to fight excessive partisan gerrymandering. The new effort, called Redistricting U, comes as states are gearing up for the next round of map drawing, which will take place in 2021. The redistricting process, which takes just once per decade, is expected to be a brutal brawl for partisan advantage. The U.S. Supreme Court ruled in June that there were no constitutional limits on how severely states could manipulate district lines to benefit political parties.
Sen. Johnny Isakson to Resign at End of the Year
Politico – Burgess Everett | Published: 8/28/2019
U.S. Sen. Johnny Isakson is resigning at the end of 2019 in the face of mounting health problems, adding another competitive seat as Republicans look to defend their narrow majority in 2020. Isakson’s term runs through 2022, and Georgia Gov. Brian Kemp, under state law, is allowed to fill the vacant U.S. Senate seat. A special election will be held to fill the remaining two years of Isakson’s term during the next regularly scheduled election, meaning Georgia voters will cast ballots for both of the state’s Senate seats in 2020. The state has typically been safe conservative territory in recent years, but Democrats are increasingly optimistic about their ability to compete there. Democrat Stacey Abrams narrowly lost to Kemp in the gubernatorial election in 2018.
The Boss Can Tell You to Show Up for a Trump Rally
The Atlantic – Charlotte Garden | Published: 8/28/2019
When President Trump arrived in Pennsylvania to give a speech about energy policy at a Royal Dutch Shell plant, he had a ready-made audience comprised of workers who, it turns out, were paid to be there. The company suggested this event was simply a “training day” featuring a prominent guest speaker and offered that workers could take a day of paid time off instead of attending, which would mean they would lose overtime pay. That alternative may have been realistic for some workers, but others must have felt the only option was to attend the rally. Employers have a largely unconstrained ability to try to influence their workers’ political choices. Sometimes, employers and their lobbyists hope to benefit from workers’ legitimacy on issues that affect them by leveraging their voices in lobbying campaigns.
Trial of High-Powered Lawyer Gregory Craig Exposes Seamy Side of Washington’s Elite
ENM News – Sharon LaFraniere (New York Times) | Published: 8/26/2019
The most riveting aspect of the case against Gregory Craig, one of Washington, D.C.’s most prominent lawyers, is not his innocence or guilt. Rather, it is the depiction of the seamy world of power brokers like Craig that prosecutors have painted during testimony and in an array of court filings. Craig is charged with lying to investigators about the role of his law firm – Skadden, Arps, Slate, Meagher & Flom – in a public relations effort surrounding a report it created for former Ukrainian President Viktor Yanukovych. The details of the case include a $4 million payment shunted through a secret offshore account to Skadden and a bungled wiretap by a suspected Russian intelligence asset nicknamed “the angry midget.” They illustrate how lawyers, lobbyists, and public relations specialists leapt to cash in on a foreign government’s hopes of papering over its sordid reputation.
Trump’s Bank Has Tax Records Congress Is Seeking in Subpoenas Targeting the President’s Finances
MSN – Ann Marimow (Washington Post) | Published: 8/27/2019
President Trump’s biggest lender has in its possession tax records Congress is seeking in targeting the president’s financial dealings, the bank told a federal appeals court. The disclosure from Deutsche Bank came in response to a court order as part of a legal battle between Congress and the president over access to Trump’s business records. The revelation provides new details about the pool of possible documents Congress could eventually obtain. The House Financial Services and Intelligence committees have subpoenaed the banks for years of financial documents from the president, his three eldest children, and the president’s companies.
Trump’s ‘Chopper Talk’ Puts Media on the Defensive
Politico – Michael Calderone and Daniel Lippman | Published: 8/22/2019
As reporters shouted questions above the din of a helicopter’s churning engines, President Trump picked the ones he wanted and brushed past those he did not. The impromptu news conference near Marine One may have looked bizarre to veteran observers of the White House, but there is a method to the seeming madness. The “Chopper Talk” sessions, as comedian Stephen Colbert has dubbed them, serve multiple goals for Trump, insiders say. They allow Trump to speak more often in front of the cameras than his predecessors, yet on his own terms. He makes headline-ready pronouncements and airs grievances for anywhere from a few minutes to a half-hour, and then walks away when he has had enough. Trump’s freewheeling sessions have essentially replaced the formal White House press briefing.
Watchdog: Comey violated FBI policies in handling of memos
AP News – Eric Tucker | Published: 8/29/2019
James Comey violated FBI policies in his handling of memos documenting private conversations with President Trump in the weeks before he was fired as director of the bureau, the Justice Department’s inspector general said. The watchdog’s office said Comey broke FBI rules by giving one memo containing unclassified information to a friend with instructions to share the contents with a reporter. Comey also failed to notify the FBI after he was dismissed in May 2017 that he had retained some of the memos in a safe at home, the report said. But the inspector general also concluded none of the information shared with the reporter was classified.
Canada
Canada – ‘Show Up and Do Something’: Critics call on lobbying commissioner to act on Dion report
Hill Times – Samantha Wright Allen and Beatrice Paez | Published: 8/26/2019
Ethics Commissioner Mario Dion’s damning report on Prime Minister Justin Trudeau documented previously undisclosed interactions between SNC-Lavalin and the government during the embattled company’s pursuit of a deferred prosecution agreement, raising questions from critics about whether it was operating in full compliance with federal lobbying regulations or whether disclosure rules should change. Dion reported then-Attorney General Jody Wilson-Raybould faced political pressure to override a decision not to offer the company a remediation agreement that would spare SNC from a criminal trial, which could have barred the company from competing for federal contracts for 10 years. Dion ruled Trudeau improperly pressured Wilson-Raybould in violation of the Conflict of Interest Act, which bars high-level officials from furthering another person’s or entity’s private interests.
From the States and Municipalities
Alabama – Limestone County’s 10-Term Sheriff Arrested on Ethics, Theft Charges
AL.com – Ashley Remkus | Published: 8/22/2019
Limestone County Sheriff Mike Blakely was arrested on theft and ethics charges that include accusations of taking money from campaign and law enforcement accounts. Blakely was the subject of an investigation by the Alabama Ethics Commission, which last year found probable cause the sheriff violated state ethics law. The commission sent the case to the attorney general’s office for investigation. In 2018, Blakely amended a 2016 ethics disclosure form to show he received more than $250,000 from Tennessee lottery and gaming establishments.
Arkansas – State Bureau OK’d to Hire Legal Counsel; in Corruption Probe, It’s to Go with Firm It Used Before
Arkansas Democrat-Gazette – Hunter Field | Published: 8/23/2019
The Arkansas legislative staff intends to rehire a law firm to represent it in the face of increasing requests from federal investigators. The probe into public corruption involving Arkansas lawmakers started at least six years ago with reports of legislators directing state General Improvement Fund grants to two nonprofits, a small college, and a substance abuse treatment center in exchange for kickbacks. The probe expanded to include lobbyists and former executives of a Missouri nonprofit, Preferred Family Healthcare, accused of paying bribes to Arkansas legislators in exchange for laws or state regulations favorable to their businesses. Also caught up was a former administrator of a youth lockup, accused of hiring a state legislator who was an attorney to perform political favors.
California – Will Letting Bars Stay Open Late Help Gavin Newsom? He’ll Soon Act on Bills Affecting His Company
Sacramento Bee – Sophia Bollag | Published: 8/27/2019
California Gov. Gavin Newsom, whose investments in the hospitality industry made him a millionaire, put his holdings in a blind trust after winning last year’s governor’s race. As a new officeholder, he issued an executive order forbidding state executive branch agencies from doing business with PlumpJack Group, the company he founded. Ethics experts say Newsom has done all he can short of selling his holdings to insulate himself from potential conflicts-of-interest. But as the state Legislature enters its final weeks for the year, Newsom will find himself faced with decisions about bills that could affect his bars, restaurants, and hotels. Experts say he will still face potential conflicts as long as he owns them.
Florida – In Campaign Shaded by #MeToo Claims, Former Commissioner Faces Man She Accused
Miami Herald – Martin Vassolo | Published: 8/22/2019
If all politics is personal, what is happening in Miami Beach appears to have gone beyond the pale. Kristen Rosen Gonzalez and Rafael Velasquez are running against each other this year for a seat on the Miami Beach City Commission, offering a unique glimpse at the dynamics of a post-#MeToo political campaign. Rosen Gonzalez had been helping Velasquez campaign for the commission in 2017 when she went public with her accusations that Velasquez exposed himself to her. Prosecutors declined to charge Velasquez and found evidence that conflicted with Rosen Gonzalez’s account, but did not pursue a counterclaim that she had fabricated the allegations.
Florida – State Senate Resolves Complaint Against NRA’s Top Lobbyist in Florida
Miami Herald – Jim Turner (News Service of Florida) | Published: 8/23/2019
The Florida Senate closed an investigation into NRA lobbyist Marion Hammer, instructing her to amend disclosure reports but not issuing any sanctions. She was accused of failing to divulge hundreds of thousands of dollars in payments she received from the NRA as required by the law. Hammer received $979,000 from the NRA from 2014 to 2018. As the director of the pro-gun group Unified Sportsmen of Florida, Hammer earns an annual salary of $110,000. That organization has been receiving $216,000 a year in funding from the NRA. Legislative officials said Unified Sportsmen’s lobbying reports should be amended to reflect its relationship with the NRA and the funding it has received. Hammer was directed to amend lobbyist registrations to reflect she was employed by Unified Sportsmen of Florida to represent the NRA.
Kentucky – Lexington Real Estate Executive Charged with 16 Campaign Finance Violations
Lexington Herald-Leader – Beth Musgrave | Published: 8/27/2019
A Lexington business executive was indicted by a Fayette County grand jury for 16 violations of Kentucky’s campaign finance law. Timothy Wayne Wellman was charged for allegedly giving campaign contributions to straw donors and then reimbursing those contributors after the donations were made. State law prohibits individuals from giving more than $2,000 per election cycle. He was indicted in June on nine federal counts of allegedly lying and instructing others to lie about campaign contributions to Lexington-Fayette Urban County Council candidates during the May 2018 primary.
Maine – Inside Susan Collins’ Reelection Fight in the Age of Trump
Politico – Burgess Everett | Published: 8/26/2019
U.S. Sen. Susan Collins is facing the race of her life despite her universal name recognition and bipartisan reputation. President Trump is targeting Maine as a battleground while his divisive politics has cleaved the state in two, and Collins shares the ticket with him. National Democrats, meanwhile, are backing Sara Gideon as her likely opponent, a battle-tested statehouse speaker who raised more than $1 million in the week after her launch. Projected to be the most expensive in Maine’s history, the race is of imperative importance for party leaders and the Senate institution itself. With scarce opportunities elsewhere, Senate Democrats essentially need Gideon to win to gain a minimum of three seats and the majority. In the Senate, a Collins loss would be a potentially fatal blow to the reeling center of the chamber.
Maryland – Maryland Horse Racing Commission Dominated by Industry Players. They Manage Cash Awards – and Win Them.
Baltimore Sun – Doug Donovan | Published: 8/22/2019
State law for three decades has allowed no more than four members of the nine-seat Maryland Racing Commission to “have a financial interest” in horse racing. But today, six commissioners have a financial stake in the sport and five of them own or breed racehorses that are eligible to receive cash bonuses from an incentive program established to bolster Maryland’s equine industry, The Baltimore Sun found. All five have participated in decisions determining the size of the awards despite a state ethics opinion that some believe prohibits regulators from voting on matters that could benefit their interests.
Massachusetts – Lobbyist Caught Up in State Police Case Is Known for Her Edge on Beacon Hill
Boston Globe – Matt Stout | Published: 8/22/2019
To federal authorities, Anne Lynch was a willing partner in a complex bribery scheme allegedly intended to benefit herself and the head of a State Police union. To the Massachusetts Movers Association, however, she was organized and thorough, and in the nearly 10 years she managed the trade group, she showed she would not be taken lightly. Her blunt approach made her a longtime, if not high-profile, player in various industry circles on Beacon Hill, where she evolved from managing the day-to-day business of trade associations to running a lobbying firm paid hundreds of thousands to push the interests of dozens of organizations. That included the powerful state troopers union, with whose president, authorities alleged, the work veered into something criminal.
Michigan – Candidate Who Wanted City as White ‘as Possible’ Withdraws from Council Race in Michigan
USA Today – Jackie Smith (Port Huron Times Herald) | Published: 8/26/2019
A city council candidate in Michigan whose racist comments have garnered nationwide attention has formally withdrawn from the race. Marysville Mayor Dan Damman said Jean Cramer submitted a letter withdrawing three days after he called for her to do so. During a city election forum, Cramer had been the first to respond to a question about attracting foreign-born residents to the community when she responded: “Keep Marysville a white community as much as possible. In a follow-up question from a reporter after the event, Cramer confirmed her beliefs. Her name will still appear on the November 5 ballot.
Michigan – Former State Rep. Todd Courser Pleads No Contest to Willful Neglect of Duty
MLive.com – Julie Mack | Published: 8/28/2019
Former Michigan Rep. Todd Courser pleaded no contest to willful neglect of duty by a public officer, a misdemeanor related to the 2015 scandal that forced him out of office. The misconduct involves soliciting a state employee to send out a false email. Soon after he was elected in 2014, Courser became the focus of a sex scandal involving his affair with then state Rep. Cindy Gamrat. To cover up the affair, he asked an aide to share an email containing outlandish allegations against him so rumors of his affair with Gamrat would pale in comparison and not be believed. A House investigation found the lawmakers “abused their offices” by directing staff to facilitate their affair, and they also blurred lines between official and political work.
Michigan – ‘There’s a Gray Area’: Campaign finance experts weigh in on Inman bribery case
Michigan Advance – Nick Manes | Published: 8/21/2019
To campaign finance watchdogs, the word “corruption” may be getting more difficult to legally define, but the case against indicted Michigan Rep. Larry Inman appears to be a near-textbook example. Richard Hall, a professor of public policy and political science at the University of Michigan, was blunt in his assessment of the text messages allegedly sent by Inman to union officials seeking campaign contributions in exchange for a vote against prevailing wage repeal. “As a student of campaign finance law, I don’t know how this case doesn’t meet the standard of causing the appearance of corruption,” Hall said. But Craig Mauger, executive director of the Michigan Campaign Finance Network, said the case against Inman gets into murky territory regarding the difference between campaign donations and bribes.
Montana – Group Files Challenge to Bullock’s Executive Order on ‘Dark Money’ and State Contracts
Helena Independent Record – Holly Michels | Published: 8/28/2019
The Illinois Opportunity Project asked a federal judge to strike down Montana’s nearly year-old policy that requires certain businesses seeking contracts with the state to disclose donors and spending on elections. Gov. Steve Bullock signed an executive order saying that to receive a state contract, an organization must report its political contributions. The order extends to so-called social welfare nonprofit organizations that, under campaign finance laws, do not have to disclose their donors. It applies to groups that have spent more than $2,500 over the past two-year cycle and is for contracts of more than $50,000 for goods or $25,000 for services.
New Hampshire – Trump’s Revival of Claim of Voting Fraud in New Hampshire Alarms Some State Republicans
Savannah Morning News – Amy Gardner (Washington Post) | Published: 8/29/2019
It was one of the first claims President-elect Donald Trump made about voter fraud in the wake of his 2016 victory: that his close loss in New Hampshire was propelled by thousands of illegal ballots cast by out-of-state voters. Trump’s revival of that false assertion as he ramps up his reelection campaign is now alarming some New Hampshire Republicans, who fear the president’s allegations could undermine confidence in next year’s election. Shortly after his inauguration, the president announced plans for a commission to investigate alleged voter fraud, which ended up disbanding barely a year later with no findings. With his reelection campaign now underway, Trump has returned to the topic.
New Jersey – Booker’s Mayoral Campaign Profited from Corrupt Newark Agency, Jailed Official Told
Newark Star Ledger – Karen Yi (NJ Advance Media) | Published: 8/28/2019
The former director of the agency that once managed Newark’s water told federal investigators in 2015 that she pressured vendors to make campaign contributions to then-Mayor Cory Booker and his political friends, new court records show. Linda Watkins-Brashear, who is currently serving an eight-year sentence for soliciting bribes in exchange for no-show contracts, said a Booker ally at the Newark Watershed Conservation and Development Corp. set a donation goal for vendors who usually bought $500 fundraising tickets without question. The records raise new questions about Booker’s record as mayor of Newark, a tenure that was a springboard to his successful U.S. Senate campaign and his current bid to win the Democratic Party nomination for the presidency. Booker has said he was unaware of the corruption that eventually led to the agency’s downfall.
New Jersey – Phil Murphy Says Fired Worker’s Social Media Posts Offensive, Declines Hiring Questions
Bergen Record – Dustin Racioppi | Published: 8/22/2019
After two days of silence since his administration fired an employee for his ant-Semitic social media posts, New Jersey Gov. Phil Murphy refused to say who hired Jeffrey Dye and whether he personally knew of Dye’s criminal history. Murphy may continue to face questions about Dye, just as he has about other people with questionable backgrounds who were hired by his administration. The governor and his top-ranking officials were unable to answer who had hired Al Alverez at the Schools Development Authority last year even though Alvarez had been accused of sexual assault, an allegation he denies and for which he was never charged. Murphy has also refused to say whether he knew about a top aide’s connection to a campaign finance scandal in Bermuda.
New York – A Lobbyist Gave $900,000 in Donations. Whose Money Is It?
EMN News – J. David Goodman (New York Times) | Published: 8/26/2019
Since 2014, David Rich has doled out more than 200 campaign contributions totaling over $900,000. Rich is not a billionaire; he is the in-house lobbyist for the Greater New York Hospital Association, the state’s most powerful hospital and health system trade association. His contributions go to Democratic and Republican candidates alike, and the donations have one thing in common: they seem to line up with the interests of his employer. Although the nonprofit hospital association is free to make political contributions without an annual cap, it gives nothing to individual candidates, essentially allowing Rich’s personal donations to speak for the organization. That setup seems structured to enhance the profile and influence of Rich, who is responsible for the association’s federal, state, and local advocacy.
North Carolina – ‘Horrific Abuse of Office’: Wanda Greene gets 7 years for wide-ranging corruption
Ashville Citizen Times – Jennifer Bowman, John Boyle, and Mackenzie Wicker | Published: 8/28/2019
Calling her the “architect” of a culture of corruption in Buncombe County, a federal judge sentenced former top administrator Wanda Greene to seven years in prison for wide-ranging corrupt activity that she committed while heading one of North Carolina’s fastest-growing counties. She was ordered to also pay a $100,000 fine. Greene admitted to using county-issued credit cards to make thousands of dollars of personal purchases. She also admitted to fraudulently claiming Buncombe County as her own business on tax forms and used money set aside for settling a civil rights lawsuit to instead buy valuable life insurance policies for herself and other employees. Prosecutors say their investigation into Buncombe County corruption is ongoing.
North Carolina – Two Candidates for Governor Can Take Unlimited Donations. One Can’t.
Durham Herald-Sun – Colin Campbell | Published: 8/27/2019
A provision in a North Carolina law is allowing wealthy donors to make unlimited contributions that are being funneled into the two leading campaigns for governor, finance records show. Gov. Roy Cooper and Lt. Gov. Dan Forest have benefited from Council of State affiliated party committees, which allows them to solicit and accept donations of any size in collaboration with other statewide elected office holders from their party. The money is then used to purchase core services such as advertising and consultants for the contenders’ main campaign organizations. It is an advantage that the third candidate in the race, Rep. Holly Grange, does not have because all of her supporters are limited to the $5,400 maximum contribution.
Oklahoma – A Senator’s Lake House vs. a Town Fighting Flooding
MSN – Sarah Mervosh (New York Times) | Published: 8/27/2019
For years, the town of Miami, Oklahoma, has fought a losing battle against a wealthy neighboring community near Grand Lake, a popular vacation spot, where high water makes for better boating but leaves little room for overflow when it rains. With heavy rains this year, the city of Miami and local Native American tribes say they were again left to pay the price when floodwater clogged upstream, damaging their homes, businesses, and ceremonial grounds. Now, the battle has escalated to the halls of Congress, after one of the lake’s residents, U.S. Sen. James Inhofe, got involved. After decades of debate, local leaders had pinned their hopes on a rare chance to ask a federal agency to help stop the flooding. But Inhofe, who is known to swim and fly planes around the lake, introduced legislation that would hamstring that agency.
Pennsylvania – Woman Who Accused Ex-Pa. Lawmaker of Rape ‘Credible,’ But No Charges Will Be Brought, DA Says
Philadelphia Inquirer – Angela Couloumbis and Brad Bumsted | Published: 8/26/2019
Dauphin County District Attorney Fran Chardo said he believed a woman who accused a onetime Pennsylvania legislator of rape was “credible,” but it was not in the public interest to prosecute. Chardo, who investigated the sexual assault allegations against former state Rep. Brian Ellis, said a grand jury recommended no criminal charges but suggested ways to strengthen the Legislature’s policies on investigating sexual misconduct. He said there were complications to the case, including the woman’s inability to recall what happened the night of the alleged assault – she has said she believes she was drugged, which resulted in memory loss – as well as Ellis’ decision to invoke his right not to testify before the grand jury. “This whole experience has changed me fundamentally as a human being,” the accuser said in an interview. “It’s not just what happened to me, it’s the whole process.”
Texas – Local City Councilman’s One-Finger Salute Stirs Controversy
KWTX – Chelsea Edwards | Published: 8/22/2019
Copperas Cove Councilmember Charlie Youngs was caught on camera sticking his middle finger up while colleague Kirby Lack was talking during a meeting. Youngs said he should not have made the obscene gesture, and said he was actually flipping off someone in the audience who threatened to hurt him last December. Lack said if Youngs does not resign by the next council meeting, he is taking the issue up with the Texas Ethics Commission.
Texas – Michael Quinn Sullivan’s Secret Audio of Texas House Speaker Blurs Line Between Journalism, Activism
Dallas News – Rebekah Allen | Published: 8/22/2019
For the past month, Michael Quinn Sullivan has been the narrator of this year’s most explosive Texas political firestorm. On his website the Texas Scorecard, Sullivan broke the news of a scandal involving state House Speaker Dennis Bonnen, which forced the lawmaker to publicly apologize for trashing his colleagues in a secret meeting. Sullivan boats that he is a watchdog, shedding light on politicians behaving badly. At the same time, he refuses to release his exclusive recording of his meeting with Bonnen. For years, Sullivan has been fighting to operate on this knife’s edge, one where he can freely continue his work influencing lawmakers and donating money to candidates, while labeling himself a member of the media.
Washington DC – The Little Firm That Got a Big Chunk of D.C.’s Lottery and Sports Gambling Contract Has No Employees
Washington Post – Steve Thompson | Published: 8/28/2019
The Greek company Intralot, which received a $215 million contract to bring sports gambling to the District of Columbia and to continue running its lottery, says more than half the work will go to a small local firm, a condition that helped the gaming giant win the no-bid contract. The firm, Veterans Services Corp., will “perform the ENTIRE subcontract with its own organization and resources,” according to a document signed by an Intralot executive. City law requires companies with large public contracts to subcontract some work to small local businesses to grow the local economy. But Veterans Services appears to have no employees, according to interviews and records. Until recently, the company’s website touted executives who did not work there.
West Virginia – Is It Unconstitutional to Sleep in Your Home? For a Governor, Perhaps
New York Times – Campbell Robertson | Published: 8/22/2019
For over a year in West Virginia courtrooms, and longer than that among lawmakers and pundits, a debate has been bubbling about where the state’s governor spends his nights. Not that the facts are in much dispute: Most everyone concurs that Gov. Jim Justice does not spend them in Charleston, the capital. The question is whether that arrangement is allowed. The debate returned to court for a hearing in a lawsuit brought by a Democratic lawmaker. The suit, which seeks a court order requiring the Republican governor to reside in Charleston, is based on a clause in the West Virginia Constitution, which declares that all state executive officials except for the attorney general shall “reside at the seat of government during their terms of office.” The argument about the governor’s residence is the tip of a much larger and broader debate over his tenure.
August 28, 2019 •
Wednesday’s LobbyComply News Roundup
Campaign Finance North Carolina: “Two Candidates for Governor Can Take Unlimited Donations. One Can’t.” by Colin Campbell for Durham Herald-Sun Elections Maine: “Inside Susan Collins’ Reelection Fight in the Age of Trump” by Burgess Everett for Politico Ethics California: “Will […]
Campaign Finance
North Carolina: “Two Candidates for Governor Can Take Unlimited Donations. One Can’t.” by Colin Campbell for Durham Herald-Sun
Elections
Maine: “Inside Susan Collins’ Reelection Fight in the Age of Trump” by Burgess Everett for Politico
Ethics
California: “Will Letting Bars Stay Open Late Help Gavin Newsom? He’ll Soon Act on Bills Affecting His Company” by Sophia Bollag for Sacramento Bee
Michigan: “Candidate Who Wanted City as White ‘as Possible’ Withdraws from Council Race in Michigan” by Jackie Smith (Port Huron Times Herald) for USA Today
Oklahoma: “A Senator’s Lake House vs. a Town Fighting Flooding” by Sarah Mervosh for New York Times
Pennsylvania: “Woman Who Accused Ex-Pa. Lawmaker of Rape ‘Credible,’ But No Charges Will Be Brought, DA Says” by Angela Couloumbis and Brad Bumsted for Philadelphia Inquirer
Lobbying
National: “Trial of High-Powered Lawyer Gregory Craig Exposes Seamy Side of Washington’s Elite” by Sharon LaFraniere for New York Times
Redistricting
National: “Obama Announces New Push in Fight Against Gerrymandering” by Sam Levine for HuffPost
August 16, 2019 •
News You Can Use Digest – August 16, 2019
National/Federal At Def Con, Hackers and Lawmakers Came Together to Examine Holes in Election Security Seattle Times – Taylor Telford (Washington Post) | Published: 8/12/2019 Hackers came had come to the DefCon computer security conference for a chance to probe voting […]
National/Federal
At Def Con, Hackers and Lawmakers Came Together to Examine Holes in Election Security
Seattle Times – Taylor Telford (Washington Post) | Published: 8/12/2019
Hackers came had come to the DefCon computer security conference for a chance to probe voting machines used in U.S. elections. Def Con’s Voting Village, and the conference at large, has become a destination not only for hackers but also for lawmakers and members of the intelligence community trying to understand the flaws in the election system that allowed Russian hackers to intervene in the 2016 election and that could be exploited again in 2020. Harri Hursti, one of the event’s organizers, said almost all of the machines at the conference were still used in elections despite having well-known vulnerabilities that have been more or less ignored by the companies that sell them.
Donor with Deep Ukraine Ties Lent $500,000 to Biden’s Brother
Politico – Ben Schreckinger | Published: 8/15/2018
A donor with deep ties to Ukraine loaned Joe Biden’s younger brother $500, 000 at the same time the then-vice president oversaw U.S. policy toward the country. The 2015 loan came as Biden’s brother faced financial difficulties related to his acquisition of a multimillion-dollar vacation home, nicknamed “the Biden Bungalow,” in South Florida. There is no indication that the loan influenced Joe Biden’s official actions, but it furthers a decades-long pattern by which relatives of the former vice president have leaned on his political allies for money and otherwise benefited financially from the Biden name.
Hickenlooper Drops Presidential Bid, Says He’ll Give ‘Serious Thought’ to a Senate Run
Roll Call – Griffin Connolly | Published: 8/15/2019
Former Colorado Gov. John Hickenlooper ended his campaign for the 2020 Democratic presidential nomination and said he will consider a run against U.S. Sen. Cory Gardner in a battleground state that Democrats need to win to take control of the chamber. Hickenlooper, who espouses a tempered brand of liberal politics, failed to gain much national traction in his presidential bid. By the time he dropped out, he was not on pace to reach the 130,000-donor benchmark to qualify for the next presidential debates. If he enters the Senate race, Hickenlooper will become the immediate front-runner in a Democratic primary field that already has 12 candidates.
How a Trump Ally Tested the Boundaries of Washington’s Influence Game
MSN – Kenneth Vogel (New York Times) | Published: 8/13/2019
Elliot Broidy, who after having been shunned by some Republicans in the wake of his 2009 guilty plea to giving nearly $1 million in illegal gifts to New York State officials to help land a $250 million investment from the state’s pension fund, had worked himself into Donald Trump’s inner circle as a top fundraiser for his 2016 campaign and inauguration. The stature he suddenly assumed when Trump won the election allowed him to position himself as a premier broker of influence and access to the new administration. In the process, his international business came to overlap with his efforts to influence government policy in ways that have now made him the subject of an intensifying federal investigation. Broidy’s ascent was also further evidence of how Trump came to rely on people whose backgrounds and activities would have raised red flags in other campaigns and administrations.
‘If You’re a Good Worker, Papers Don’t Matter’: How a Trump construction crew has relied on immigrants without legal status
MSN – Joshua Partlow and David Fahrenthold (Washington Post) | Published: 8/9/2019
For years, a roving crew of Latin American employees has worked at Trump Organization properties throughout the country. Their ranks included workers who entered the United States illegally, according to two former members of the crew. Another employee, still with the company, said that remains true today. The hiring practices are the latest example of the chasm between President Trump’s derisive rhetoric about immigrants and his company’s long-standing reliance on workers who cross the border illegally. It also raises questions about how fully the Trump Organization has followed through on its pledge to more carefully scrutinize the legal status of its workers, even as the administration launched a massive raid of undocumented immigrants, arresting about 680 people in Mississippi recently.
Interior Centralizes Ethics Reviews After Recent High-Profile Probes
The Hill – Rebecca Beitsch | Published: 8/14/2019
The Department of the Interior will be centralizing ethics reviews across its many agencies at its headquarters, following years of ethics investigations centered on many of the department’s top staff. Ethics officials at the Bureau of Land Management, the National Park Service, and others will report to ethics officials based at Interior’s headquarters rather than agency directors. Scott de le Vega, director of Interior’s Departmental Ethics Office, said the change was designed to ensure department’s 70,000 employees are getting consistent ethics advice regardless of which branch of the department they serve. But ethics officials who reviewed the plan criticized its broad focus on all agency employees rather than the high-level officials currently being investigated for ethical lapses.
Lobbyists Race to Cash in on Cannabis Boom
The Hill – Alex Gangitano | Published: 8/11/2019
Lobbying firms are taking advantage of the cannabis boom as a number of bills on the industry move through Congress and state Legislatures. As businesses look for help dealing with new legislative and regulatory challenges, K Street is rushing to capitalize, highlighted by the highest-grossing firm, Brownstein Hyatt Farber Schreck, launching a new “Cannabis and Industrial Hemp Industry Group.”
Trial of Former Obama White House Counsel Gregory Craig Highlights Crackdown on Foreign-Influence Industry
Washington Post – Spencer Hsu | Published: 8/12/2019
In charging one of Washington, D.C.’s most prominent attorneys, Gregory Craig, with lying in connection with his work for the Ukraine government at a leading law firm, the Justice Department signaled a new era for the Foreign Agents Registration Act, a once nearly dormant law that since 2017 has been invoked in more than 20 federal prosecutions aimed at combating foreign interference in U.S. politics. The charge against Craig stems from his alleged public relations work, rather than lobbying, while with the law firm Skadden, Arps, Slate, Meagher & Flom. He is accused not of failing to register as a foreign agent under the law, but with lying and withholding information from Justice officials seeking to determine whether he was required to register.
Trump’s Opponents Want to Name His Big Donors. His Supporters Say It’s Harassment.
MSN – Katie Rogers and Annie Karni (New York Times) | Published: 8/9/2019
Calling out the people who fund campaigns is not a new tactic in politics, but the question of how much should be publicly disclosed about those donors has been an issue that Republicans have repeatedly raised in recent years. While the U.S. Supreme Court ruled in the Citizens United case to uphold public disclosure, with Justice Antonin Scalia arguing later that without such revelation “democracy is doomed,” Republicans and wealthy allies have argued it results in donor harassment and has a chilling effect on free speech. The Supreme Court’s support for campaign finance disclosure laws has a built-in exemption for people who can show a realistic threat of harassment, and the renewed scrutiny on contributors to President Trump has also raised questions about what qualifies as donor harassment and who is entitled to privacy.
Canada
Canada – Trudeau Breached Conflict of Interest Act, Says Ethics Commissioner
Canada.com; Canadian Press – | Published: 8/14/2019
Canada’s ethics commissioner, Mario Dion, found Prime Minister Justin Trudeau violated the Conflict of Interest Act by improperly pressuring former Attorney General Jody Wilson-Raybould to halt the criminal prosecution of SNC-Lavalin. Dion said Trudeau’s attempts to influence Wilson-Raybould on the matter violated the law that prohibits public office holders from using their position to try to influence a decision that would improperly further the private interests of a third party. Dion found little doubt that SNC-Lavalin would have benefited had Trudeau succeeded in convincing Wilson-Raybould to overturn a decision by the director of public prosecutions, who had refused to invite the engineering giant to negotiate a remediation agreement in order to avoid a criminal prosecution on fraud charges related to contracts in Libya.
From the States and Municipalities
Alabama – Alabama Ethics Commission Says Airport Authority Employees Fall Under Ethics Law
AL.com – Mike Cason | Published: 8/7/2019
The Alabama Ethics Commission adopted an advisory opinion that employees of airport authorities are public employees and therefore subject to the state ethics law. Attorneys for the Birmingham and Huntsville airport authorities told the Ethics Commission that airport workers are not public employees because they are paid with funds generated by the airports, not with state, county, or municipal funds. The commission concluded otherwise. According to the opinion, the fees airport authorities collect from airlines, concessionaires, and other users of airport property are considered “state, county, or municipal funds” because the Legislature grants the authorities the ability to collect those fees for a specific public purpose.
Florida – Amid Misconduct Inquiry, NRA Lobbyist Marion Hammer Says She’s Not a Lobbyist
Florida Bulldog – Dan Christensen | Published: 8/15/2019
When is a registered lobbyist not a lobbyist in Florida? If powerful National Rifle Association (NRA) lobbyist Marion Hammer gets her way, it is when she says so. Hammer has been the NRA’s Florida lobbyist since at least2006, yet despite being paid handsomely – $270,000 last year alone – she has not filed with the Florida Senate any of the required quarterly compensation reports. Sen. Perry Thurston and Rep. Anna Eskamani filed formal complaints with the state ethics commission and Senate and House oversight authorities seeking investigations. Thurston has said Hammer “was indicating that she was a consultant and not a lobbyist” and therefore was not required to file lobbyist compensation reports.
Florida – Disney World Offers Florida Politicians a Sneak Peek at Star Wars Attraction, Spawning Ethics Questions
Orlando Sentinel – Steven Lemongello and Ryan Gillespie | Published: 8/15/2019
Walt Disney World invited state lawmakers and other officeholders to a “community leader preview” for its Star Wars: Galaxy’s Edge attraction. It is the hottest ticket in town not yet available to the general public. The event at Disney’s Hollywood Studios is not free, with invitees needing to pay $170, plus $25 parking, to attend the three-hour preview. State ethics laws are strict about what public officials and employees can accept, stating they cannot “solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that [their] vote, official action, or judgment … would be influenced thereby.” Disney spent $28 million on state elections during the 2018 cycle and lawmakers have dealt with numerous issues related to Disney. County and city officials also deal with Disney on a regular basis.
Florida – Florida’s ‘Broken’ Legislature: ‘Session too quick, term limits too short and lawmakers paid too little’
Orlando Sentinel – Steven Lemongello | Published: 8/12/2019
Critics have asked why Florida’s Legislature operates the way it does. It has one of the nation’s shortest sessions despite being the third-largest state, and some of the strictest term limits. Special sessions are generally rare, and the result is what Rep. Carlos Guillermo Smith calls “a mad dash to sine die, with bills rushed through without being read and vetted by the public.” Many lawmakers and experts say the status quo is not going anywhere, either because they believe the process is working as intended or voters have no appetite for such reforms or for politicians adding years to their time in Tallahassee.
Florida – ‘No Probable Cause’ Matt Gaetz Violated Florida Bar Rules in Tweets at Michael Cohen
Tampa Bay Times – Steve Contorno | Published: 8/14/2019
U.S. Rep. Matt Gaetz will not face discipline from the Florida Bar for posting menacing messages on social media aimed at President Donald Trump’s lawyer and fixer Michael Cohen. Florida Bar spokesperson Francine Walker said the organization found “no probable cause” that Gaetz violated its rules for lawyers. The House ethics committee is also reviewing the incident.
Indiana – Inspector General OKs Casino Boss’s Private Flights for Gov. Eric Holcomb
Indianapolis Star – Tony Cook | Published: 8/8/2019
Indiana Gov. Eric Holcomb violated no ethics rules when a casino executive treated him to private jet flights last year. The flights in 2018 to Republican Governors Association events in Aspen, Colorado, and Scottsdale, Arizona, were together valued at more than $55,000. They gave Spectacle Entertainment Chief Executive Officer Rod Ratcliff and his business partners hours of exclusive access to Holcomb and his wife at a time when Ratcliff was seeking big changes to the state’s gaming laws that would benefit his company. Indiana Inspector General Lori Torres, who is appointed by Holcomb, determined the governor did not have to disclose the flights as a gift because they were designated as in-kind contributions to the Republican Governors Association, not to Holcomb.
Kentucky – Frankfort Resident Named Executive Director of Ky. Legislative Ethics Commission
State Journal; Staff – | Published: 8/13/2019
Laura Hromyak Hendrix was tapped to serve as executive director of the Kentucky Legislative Ethics Commission following the retirement of John Schaaf. Hendrix, who presently serves as the commission’s legal counsel, will assume the post September 1. the post Sept. 1. “Laura’s knowledge of the ethics law and her legal experience will allow the commission to continue its tradition of advising on and enforcing the ethics laws in a fair and nonpartisan manner,” Commission Chairperson Anthony Wilhoit said.
Kentucky – Jerry Lundergan’s Trial Over Illegal Contributions to Daughter’s Campaign Begins Tuesday
Louisville Courier-Journal – Tom Loftus | Published: 8/12/2019
Jerry Lundergan, a prominent player in Kentucky Democratic Party politics for 40 years, faces trial on charges he conspired to funnel illegal corporate contributions to the campaign of his daughter, Alison Lundergan Grimes, for the U.S. Senate in 2014. Lundergan is also accused of falsifying campaign finance records to conceal what his indictment itemizes were more than $206,000 in services his company provided to Grimes’ campaign. Jurors in the case may hear arguments involving the complexities of campaign finance laws, the practices of how campaigns report contributions and expenses, and the impact of how court rulings have shaken up the world of campaign finance.
Michigan – ‘An Easy Sell’: Inman texts point to PAC dominance in Michigan politics
Detroit News – Jonathan Oosting | Published: 8/8/2019
Michigan Rep. Larry Inman was planning to vote against a controversial initiative to repeal the state’s prevailing wage law when a top House Republican aide shared a dire prediction. Democratic voters would not “come to your side” and “you will shut down any incentive for the big donors to give” to your reelection campaign, Dan Pero, chief of staff to then-House Speaker Tom Leonard, told Inman in a text on the day of the vote. The text messages, disclosed by federal prosecutors as Inman heads toward trial for allegedly trying to sell his vote to a union group opposed to the repeal, highlight the outsized influence interest group donors have on Michigan politics and how PAC contributions can influence legislative votes.
Michigan – Millions Meant for Repairing Michigan Roads Go Back to Trucking Industry
Detroit Free Press – Paul Egan | Published: 8/11/2019
Money from Michigan’s vehicle registration fees – close to $8 million since 2012 – is paid in grants to the Center for Truck Safety, a nonprofit charged with educating truckers and the public. It is an arm of the Michigan Trucking Association, the industry’s lobbying group that has fought efforts to reduce the state’s highest-in-the-nation gross weight limits for trucks. The center shares Lansing office space and has also shared employees with the association. It uses some of the state money to pay the lobbying organization rent, services such as legal advice and personnel management, and payments on a loan. Nearly all of the truck safety center’s officers and directors are also directors of the trucking association and the state briefly cut off funding to the center after finding some state money was being used to pay expenses related not to the safety center, but to the trucking association.
Missouri – Ex-St. Louis County Executive Gets Nearly 4 Years in Prison
AP News – James Saltzer | Published: 8/9/2019
Former St. Louis County Executive Steve Stenger was sentenced to almost four years in prison and fined $250,000 for steering county business to a campaign donor in exchange for thousands of dollars in contributions. Stenger has also surrendered his law and accounting licenses and paid about $130,000 in restitution. Three others also pleaded guilty as part of the scheme – Stenger’s chief of staff, Bill Miller; businessperson John Rallo, who donated to Stenger’s campaign with the expectation his companies would get county contracts; and Sheila Sweeney, whom Stenger appointed as head of the county’s economic development agency.
Missouri – Missouri Police Chiefs Lobbyist Quits After Audit Blasts No-Bid Contract He Helped Secure
St. Louis Post-Dispatch – Jack Suntrup | Published: 8/12/2019
Sheldon Lineback, the longtime lobbyist for the Missouri Police Chiefs Association, canceled his registration with the Missouri Ethics Commission after a state audit criticized his role in a no-bid contract scheme that cost taxpayers $74,000. Auditor Nicole Galloway said former Department of Public Safety Director Drew Juden steered a $58,000 contract to the Missouri Police Chiefs Charitable Foundation, which is associated with the police chiefs association. The contract was for providing fingerprinting equipment to local police departments, a job the Missouri State Highway Patrol had done in the past at no additional cost to the state. The group was allowed to keep $1.25 million in state money, meant for purchasing the equipment, in its coffers for eight months, costing the state approximately $16,000 in interest revenue, and presumably benefiting the nonprofit. Juden is the former president of the Missouri Police Chiefs Association.
Montana – Fed Appeals Court Upholds Montana’s Landmark Campaign-Finance Disclosure Law
AP News – Matt Volz | Published: 8/12/2019
The Ninth U.S. Circuit Court of Appeals upheld a provision of Montana’s campaign finance law, ruling any group distributing material that merely mentions a candidate within 60 days of an election can be required to register with the state and disclose its spending and, in some cases, its donors. The state law requires any group to register and file disclosures once it spends $250 or more on ads or mailers referring to a candidate, political party, or ballot issue within 60 days of an election. That includes organizations registered as nonprofits under section 501(c)4 of the tax law that generally are not required to disclose their donors and spending. The National Association of Gun Rights argued unsuccessfully that the U.S. Constitution bars states from requiring that kind of disclosure for informational ads, such as the kind it proposed mailing.
New Hampshire – Bipartisan Bill to Create Redistricting Panel Vetoed by New Hampshire Governor
Governing – Kevin Landrigan (Manchester Union Leader) | Published: 8/12/2019
New Hampshire Gov. Chris Sununu vetoed a bill to create an independent commission proposed to come up with the best way to redraw legislative, congressional, and executive council districts after the 2020 elections. Sununu said the measure was well-intentioned but would have an “unaccountable” panel drawing these lines after they were picked by “party bosses.” This plan would allow lawmakers to vote on redistricting maps but would keep them out of the process of drawing them. Instead, maps would be created by a 15-member commission selected from a pool of applicants collected by the secretary of state.
New Hampshire – NH Attorney General: Contributions from limited partnerships, LLPs remain legal in state elections
WMUR – John DiStaso | Published: 8/9/2019
The New Hampshire attorney general’s office cleared the way for candidates for state offices to continue receiving contributions from corporate entities known as limited partnerships and limited liability partnerships. The office responded to a complaint filed against the Friends of Chris Sununu, the governor’s campaign operation, by Granite State Progress. It charged that three contributions to Sununu in 2017 violated a state law that includes donations by partnerships in a list of prohibited contributions. The group said Sununu’s campaign violated the law by accepting the money. Assistant Attorney General Nicholas Chong Yen said the office determined at least nine years ago that it could no longer enforce bans on contributions from partnerships and limited liability partnerships.
New Jersey – Two Unions Secretly Gave $3.6 Million to Phil Murphy’s Group During Millionaires Tax Push
Bergen Record – Ashley Balcerzak | Published: 8/11/2019
Two powerful unions donated a combined $3.6 million to New Jersey Gov. Phil Murphy’s secretive “dark money” nonprofit. The state’s largest teachers’ union, the New Jersey Education Association, wrote a $1 million check in April, a month after Murphy’s 2019 budget announcement the union called “progressive” and “people-focused.” That donation is on top of the $2.5 million the union gave to New Direction New Jersey in 2018. A local branch of the Service Employees International Union pitched in an additional $150,000 in June 2018. Officials with New Direction New Jersey had said it would report who was giving the group money. The nonprofit reversed its pledge later, citing a “toxic political environment,” and refused to name who bankrolled its push to pass Murphy’s priorities.
North Carolina – After El Paso, the ‘Send Her Back’ Chant Echoes to Some as a Prelude to Murder
MSN – Griff Witte (Washington Post) | Published: 8/13/2019
Samar Badwan, a Greenville, North Carolina resident, watched as 8,000 neighbors and fellow citizens jammed an arena to serenade President Trump with chants of “Send her back,” a response to Trump’s insistence that a Muslim, Somali American member of Congress should “go back” to the land of her birth. That visit, and that chant, continues to reverberate loudly in Greenville nearly a month later, particularly for those, like Badwan, who see themselves as targets of a campaign to whip up xenophobia and hate. After the El Paso shootings, in which 22 people were killed by a gunman who parroted Trump’s warnings about an “invasion” of immigrants, the words carry a particularly ominous resonance: as a prelude to murder.
North Dakota – Panel Picks Members of North Dakota Ethics Commission
Grand Forks Herald – John Hageman | Published: 8/8/2019
A committee charged with selecting members of North Dakota’s new state ethics commission finalized its picks, marking a major step toward implementing voter-approved rules against corruption. Their terms will begin September 1. Voters created the commission through a constitutional amendment last year. Despite criticisms of a Republican-backed implementation bill approved by state lawmakers this year, the commission will be able to write rules on transparency, corruption, elections, and lobbying as well as investigate allegations of wrongdoing.
North Dakota – Top North Dakota Officials Unfazed by State Money Awarded to Ethics Commissioner’s Tribal College
Grand Forks Herald – John Hageman | Published: 8/13/2019
North Dakota’s governor and Senate leaders were unfazed that one of their picks for the state’s new ethics commission leads a tribal college that has received more than $2 million in state grants in recent years, which one lawmaker argued is a conflict-of-interest. Cynthia Lindquist, president of the Cankdeska Cikana Community College, was selected as one of five members of the voter-approved ethics commission. Gov. Doug Burgum’s spokesperson said the governor’s office was aware the tribal college had received state dollars but noted it is primarily federally funded.
Oregon – The ACLU Helped Oregon Stay Awash in Campaign Cash. It’s Having Second Thoughts.
Portland Oregonian – Rob Davis | Published: 8/7/2019
The last time Oregon voters were asked whether campaign contributions should be limited, a prominent liberal group was among the most vocally opposed: The American Civil Liberties Union of Oregon. It had an impact. Voters in 2006 said no. Thirteen years later, with a similar measure on campaign donations heading to voters next year at the behest of the state Legislature and Gov. Kate Brown, the ACLU has dropped its absolute opposition to contribution limits. The shift eliminates one major obstacle to ending Oregon’s outlier status as one of five states with no caps on campaign money.
Pennsylvania – Philly’s New Voting Machine Contract in Jeopardy Because Vendor Failed to Disclose Use of Lobbyists, Campaign Contributions
Philadelphia Inquirer – Jonathan Lai | Published: 8/14/2019
Philadelphia City Solicitor Marcel Pratt notified the acting board of elections that Election Systems & Software (ES&S) violated the law by failing to disclose its use of lobbyists and the lobbyists’ campaign contributions to the two city commissioners on the board who selected the company for a contract to provide new voting machines. If the board decides to continue with the contract, ES&S will be liable for a $2.9 million fine, Pratt said, adding that it has agreed to pay the penalty if the contract proceeds. Using lobbyists is not illegal, and Pratt noted ES&S could have disclosed the lobbying and the campaign contributions without being disqualified from the bidding and selection process. The other finalist, Dominion Voting Systems, also did not disclose its use of a lobbyist.
Pennsylvania – Pittsburgh-Area Lobbyist Charged with Defrauding Clients, Forging Grant Documents
WTAE – Bob Mayo | Published: 8/12/2019
Lobbyist Joseph Kuklis, chief executive officer of Wellington Strategies, was charged with running a corrupt organization, theft by deception, forgery, and fraudulent business practices by the Pennsylvania attorney general’s office. The criminal complaint says investigators seized records of Wellington Strategies and allegedly found evidence of forgeries in the trash of Kuklis’s home. Kuklis allegedly falsely represented to nonprofits and businesses that he had obtained state grants for them and forged letters and documents to mislead clients who paid him for his work.
Tennessee – As Tennessee Makes Voter Registration More Difficult, Activists Consider What’s Next
Governing – Matt Vasilogambros (Stateline) | Published: 8/14/2019
Less than a year after a coalition of groups, led by the nonprofit Tennessee Black Voter Project, conducted a statewide voter registration drive that accumulated 91,000 applications, activists face a daunting obstacle: A new state law that seeks to curb mass voter registration efforts by imposing criminal and financial penalties for turning in error-filled forms or failing to register with the state and undergo training. The new Tennessee law has nonprofits and voting rights activists scrambling ahead of the 2020 presidential election, as they attempt to understand new regulations that could lead to thousands of dollars in fines and even jail time.
Tennessee – Lawmakers, Political Groups Owe State $1.9M in Fines for Violating Campaign Finance, Ethics Rules
The Tennessean – Joel Ebert | Published: 8/14/2019
Two Tennessee agencies that serve as watchdogs of elected officials, candidates, and political organizations are owed nearly $1.9 million. The average Tennessean could lose their home, be subject to liens, face collections agencies, or go to jail if tickets or taxes go unpaid. But that is not the case for the candidates, officials, and organizations that have been fined by the Registry of Election Finance and the Tennessee Ethics Commission. Instead, the state’s attorney general is tasked with collecting the two agencies’ unpaid fines.
Tennessee – State Election Registry to Formally Audit Bill Ketron’s Campaign Finance Reports
The Tennessean – Elaina Sauber | Published: 8/14/2019
The Tennessee Registry of Election Finance formally authorized an audit of former state Sen. Bill Ketron and his campaign finance committees. Those include his committee while seeking office as Rutherford County mayor, his state Senate committee, and his PAC. Ketron, who was elected Rutherford County mayor last year, faces $60,000 in unpaid civil penalties. The fines are primarily related to late filings of his campaign finance reports. Ketron and his campaign treasurer are responsible for ensuring campaign finance reports are filed on time. But his campaign treasurer and daughter, Kelsey Ketron, is facing her own financial troubles and possible criminal charges.
Texas – Texas Democrats Sue Over Secret Meeting Between House Speaker Dennis Bonnen, Empower Texans CEO
Dallas News – James Barragan | Published: 8/8/2019
The Texas Democratic Party is suing House Speaker Dennis Bonnen and conservative activist Michael Quinn Sullivan, alleging they created an unregistered PAC and violated other state election laws. The lawsuit stems from a June meeting Sullivan had with Bonnen and Republican Caucus Chairperson Dustin Burrows. In the meeting, Sullivan has said, Bonnen and Burrows offered to give writers at his website, Texas Scorecard, House media credentials in the next legislative session in exchange for Sullivan’s political group targeting 10 GOP incumbents in next year’s primary elections. Sullivan said he rebuffed the offer. But Democrats allege that meeting and any agreements reached in it show a coordinated effort “between political actors intended to influence the election or defeat of specific candidates” and amounts to an unregistered political committee as defined by state law.
Utah – Draper City Council Candidate Booted from Race After Showing Up One Minute Past Filing Deadline
Salt Lake Tribune – Alison Berg | Published: 8/12/2019
When Hubert Huh received a call August 6 from his state representative, Jeffrey Stenquist, reminding him of the 5 p.m. deadline for filing a campaign finance disclosure form, Huh, a Draper City Council candidate, sped as fast as he could to City Hall with his form. Arriving at 5:01 p.m., the city recorder told him he was too late and would be disqualified from the race. The deadline was 5 p.m. Though Huh was only a minute past deadline, Draper spokesperson Maridene Alexander said the city follows the state code strictly, which requires a finance disclosure form be turned into the clerk or recorder’s office by 5 p.m. the day it is due.
Washington – Seattle Politics Without Corporate Money? Council Member Fires Off Long-Shot Proposal
Crosscut – David Kroman | Published: 8/14/2019
In an effort sure to face a bumpy legal road, Seattle City Councilperson Lorena González has drafted legislation aimed at stemming the growing influence of big money donors in municipal elections. The bill would limit how much donors could give to PACs while placing stricter regulations on how foreign money, including donations from U.S. companies with foreign owners, shapes city politics. It would also require PACs to disclose how their money is spent. The three proposals in González’s package share the goal of curbing the effect of money on local elections, a so-far quixotic effort to find gaps in the U.S. Supreme Court’s Citizens United decision, which is credited with opening the floodgates on corporate contributions to elections.
Washington DC – D.C. Lawmaker Jack Evans Fined $20,000 in Ethics Case Involving Outside Work
Washington Post – Fenit Nirappil | Published: 8/8/2019
District of Columbia Councilperson Jack Evans was fined $20,000 by the city’s ethics agency for using government resources and touting his influence as an elected official while soliciting employment from local law firms. The settlement is the latest fallout for the city’s longest-serving lawmaker who has been embroiled in an ethics scandal. Emails that Evans sent from his council office showed he tried to land jobs at law firms in 2015 and 2018. In business proposals, he highlighted an ability to attract private clients as a lawmaker and as board chair of the regional transit agency. The Board of Ethics and Government Accountability determined there was “substantial evidence” Evans’ contact with the law firms violated rules that prohibit the use of government resources for personal reasons and using the prestige of office for private gain.
West Virginia – Welcome to the Greenbrier, the Governor-Owned Luxury Resort Filled with Conflicts of Interest
ProPublica – Ken Ward Jr. (Charleston Gazette-Mail) | Published: 8/15/2019
Ethics officials have said West Virginia laws never contemplated someone like Gov. Jim Justice. With his decision to hold his inauguration ball at The Greenbrier, a palatial resort the governor owns, Justice ushered in a new era of politics in West Virginia, one in which it is hard to tell where the governor’s business interests end, and state government begins. All told, more than $1 million, half of the inaugural fund, went to Justice’s Greenbrier Hotel Corp. The Greenbrier represents only a slice of Justice’s holdings, estimated to be worth as much as $1.5 billion. But the iconic resort’s outsized role in West Virginia politics has made it an unparalleled ethical thicket for the governor.
Wyoming – Wyoming Is Committed to a ‘Citizen Legislature.’ But the Format Can Limit Who Is Able to Participate.
Casper Star-Tribune – Nick Reynolds | Published: 8/12/2019
Wyoming’s citizen Legislature has always been a point of pride, harkening back to a simpler time in the state’s history where government was radically by the people, for the people. According to the National Conference of State Legislatures, just 4 states – Wyoming, Montana, and the Dakotas – boast what can be considered “citizen Legislatures,” keeping the session limits short, the pay low, and legislative staff limited in order to shut out the trappings of big government. For opponents of a per diem raise for lawmakers, this is something worth preserving, both in maintaining the state’s culture of conservatism and by being fiscally prudent. But some believe the concept of the Legislature could use some updating, particularly as its members look less and less like the state they represent.
August 13, 2019 •
Tuesday’s LobbyComply News Roundup
Campaign Finance Kentucky: “Jerry Lundergan’s Trial Over Illegal Contributions to Daughter’s Campaign Begins Tuesday” by Tom Loftus for Louisville Courier-Journal New Jersey: “Two Unions Secretly Gave $3.6 Million to Phil Murphy’s Group During Millionaires Tax Push” by Ashley Balcerzak for […]
Campaign Finance
Kentucky: “Jerry Lundergan’s Trial Over Illegal Contributions to Daughter’s Campaign Begins Tuesday” by Tom Loftus for Louisville Courier-Journal
New Jersey: “Two Unions Secretly Gave $3.6 Million to Phil Murphy’s Group During Millionaires Tax Push” by Ashley Balcerzak for Bergen Record
Ethics
Missouri: “Ex-St. Louis County Executive Gets Nearly 4 Years in Prison” by James Saltzer for AP News
Legislative Issues
Florida: “Florida’s ‘Broken’ Legislature: ‘Session too quick, term limits too short and lawmakers paid too little’” by Steven Lemongello for Orlando Sentinel
Lobbying
National: “Lobbyists Race to Cash in on Cannabis Boom” by Alex Gangitano for The Hill
National: “Trial of Former Obama White House Counsel Gregory Craig Highlights Crackdown on Foreign-Influence Industry” by Spencer Hsu for Washington Post
Michigan: “Millions Meant for Repairing Michigan Roads Go Back to Trucking Industry” by Paul Egan for Detroit Free Press
Redistricting
New Hampshire: “Bipartisan Bill to Create Redistricting Panel Vetoed by New Hampshire Governor” by Kevin Landrigan (Manchester Union Leader) for Governing
August 9, 2019 •
News You Can Use Digest – August 9, 2019
National/Federal Campaigns Say They’ll Match Political Contributions. It’s Not Clear How They Would Do That Center for Responsive Politics – Jessica Piper | Published: 8/2/2019 Matching – when campaigns tell donors that their contributions will be equaled or multiplied by an […]
National/Federal
Campaigns Say They’ll Match Political Contributions. It’s Not Clear How They Would Do That
Center for Responsive Politics – Jessica Piper | Published: 8/2/2019
Matching – when campaigns tell donors that their contributions will be equaled or multiplied by an unknown source – has emerged as a relatively common fundraising tool among groups across the political spectrum in recent years. Limited-time matching gives ideological supporters extra incentive to contribute to a campaign they care about. But legal experts say it is hard to see how donation matching could happen given campaign contribution limits. And there are no accountability mechanisms to determine whether campaigns actually follow through with their promises.
Cesar Sayoc Gets 20 Years for Mail-Bomb Spree
Courthouse News Service – Adam Klasfeld | Published: 8/5/2019
Last October, a fanatical devotee of President Donald Trump mailed out bombs to perceived critics, and, prosecutors say, reveled in the national headlines as those attacks terrorized a nation. Defense attorneys attributed Cesar Sayoc’s mail-bomb activity in part to fervor for Trump’s rhetoric. Prosecutors characterized his spree as a “two-week terrorist attack.” In sentencing Cesar Sayoc to 20 years in prison, a federal judge emphasized the need to look closely at both the crimes and their perpetrator. “It is perhaps then not surprising that someone of Mr. Sayoc’s emotionally fragile nature not only became infatuated with a public figure, in this case Donald Trump, but also came to view Mr. Trump’s political opponents as demons who were out to destroy not just Mr. Trump but Mr. Sayoc as well,” said U.S. District Judge Jed Rakoff.
De Blasio Pulled in a Cash Cushion from Unusual Campaign Finance Setup
Politico – Joe Anuta and Sally Goldenberg | Published: 8/7/2019
New York Mayor Bill de Blasio’s struggling presidential campaign benefited from a six-figure boost unavailable to candidates who set up routine exploratory committees and the move has already resulted in formal complaints to the FEC. An analysis found the mayor accepted roughly $234,000 in additional contributions from 37 donors who had already given the maximum permissible amount to his campaign account – $2,800 for a primary race. Those donors went above the federally established limit by giving to two PACs that assisted in the presidential effort but were not governed by the same rules. The extra money helped him explore a run for president without setting up a formal exploratory committee.
DNC Rules Could Expand, Not Shrink, Future Debate Stage
Politico – Zach Montellaro | Published: 8/5/2019
Democratic presidential hopefuls at risk of being elbowed out by the debate rules may have gotten a last-minute reprieve. To reach the stage, candidates have to get two percent in four Democratic National Committee (DNC) -approved polls and have 130,000 unique donors. That is a bar the majority of field has not hit and is not on track to do so. But a DNC memo sent to all the campaigns essentially gives those candidates who miss the September debate more time to qualify for the October debate, which could very well feature more candidates, not fewer.
El Paso Shooting Suspect’s Manifesto Echoes Trump’s Language
MSN – Peter Baker and Michael Shear (New York Times) | Published: 8/4/2019
At campaign rallies before last year’s midterm elections, President Trump repeatedly warned that America was under attack by immigrants heading for the border. “You look at what is marching up, that is an invasion!” he declared at one rally. Nine months later, a 21-year-old white man is accused of opening fire in a Walmart in El Paso, killing 22 people and injuring dozens more after writing a manifesto railing against immigration and announcing that “this attack is a response to the Hispanic invasion of Texas.” The suspect wrote that his views “predate Trump,” as if anticipating the political debate that would follow the carnage. But if Trump did not originally inspire the gunman, he has brought into the mainstream polarizing ideas and people once consigned to the fringes of American society.
House Democrats File Lawsuit to Enforce Subpoena Against McGahn
The Hill – Olivia Beavers, Jacqueline Thomsen, and Morgan Chalfant | Published: 8/7/2019
House Judiciary Committee Chairperson Jerrold Nadler filed a civil lawsuit to enforce a subpoena for testimony from Don McGahn, the former White House counsel who at the Trump administration’s direction defied lawmakers’ request to appear before the committee. Lawyers for Judiciary Committee Democrats described McGahn as both “critical” and the “most important fact witness” before the lawsuit was filed, noting he witnessed key obstruction episodes examined by special counsel Robert Mueller. Those incidents include President Trump ordering McGahn to remove the special counsel in the middle of his investigation, which McGahn refused to do, and Trump directing McGahn to create a false record surrounding the incident.
How Gun Control Groups Are Catching Up to the N.R.A.
MSN – Reid Epstein, Maggie Astor, and Danny Hakim (New York Times) | Published: 8/4/2019
The political momentum in the gun control debate has shifted in the year leading up to the mass shootings in El Paso and Dayton, with gun control advocates taking a more empowered stance and the National Rifle Association (NRA) consumed by internal power struggles. The major gun control organizations, propelled by funding from wealthy supporters and grassroots networks across the country, have helped enact new laws, and, for the first time in 25 years, passed a significant gun control bill in the House. But the NRA’s structural advantages, built over decades and defended by President Trump and congressional Republicans, remain in place. The net effect is a playing field on gun issues that is far more level than it has been since NRA-backed Republicans took over Congress in 1994.
Joaquin Castro Tweeted the Names of Top Trump Donors. Republicans Say It Will Encourage Violence.
Philadelphia Inquirer – Michael Brice-Saddler (Washington Post) | Published: 8/6/2019
The 44 names that U.S. Rep. Joaquin Castro (D-Tex.) tweeted have at least two things in common: they are all constituents in his district, and moreover, they all donated the maximum amount to President Trump’s campaign this year. The congressman and brother of presidential hopeful Julián Castro said the people listed – including retirees, business owners, and other individuals whose names are public record – were “fueling a campaign of hate.” Republican lawmakers and others contended Castro was “targeting” the listed donors by tweeting their names to his thousands of followers; a serious accusation in the aftermath of two mass shootings in El Paso and Dayton that left 31 people dead and many more wounded.
Judge Dismisses 1 of 2 Charges Against Greg Craig
Politico – Josh Gerstein and Theodoric Meyer | Published: 8/6/2019
Greg Craig, a who served as the first White House counsel in the Obama administration, scored a pretrial win as a judge threw out one of two charges in a false-statement case against him stemming from former special counsel Robert Mueller’s investigation. District Court Judge Amy Berman Jackson concluded that a 2013 letter he sent to the Justice Department’s Foreign Agents Registration Act (FARA) office was not part of any formal FARA filing, so could not be the basis for a charge under a law barring false FARA submissions. Despite the defense’s victory on that point, Craig is still set to face a jury trial on another false-statement charge relating to what prosecutors say was an attempt to deceive investigators about his role in promoting a report he prepared on behalf of the Ukrainian government in 2012 about its corruption prosecution of former President Yulia Tymoshenko.
McConnell’s Campaign Locked Out by Twitter for Posting Critic’s Profanity-Laced Video
Louisville Courier-Journal – Ben Tobin and Phillip Bailey | Published: 8/7/2019
After sharing a video of a profanity-laced protest, U.S. Sen. Mitch McConnell’s campaign Twitter account, Team Mitch, has been locked out. Twitter’s policy states that users “may not threaten violence against an individual or a group of people” and the social network prohibits “the glorification of violence.” The video shows a group of protesters gathered outside McConnell’s Louisville home. Black Lives Matter Louisville leader Chanelle Helm is heard on the video mocking McConnell’s recent shoulder injury and saying he “should have broken his little, raggedy, wrinkled-ass neck.” She then yells, “Just stab the m—– f—– in the heart, please.” Someone also yells, “Die!”
Proposed FEC Rule Would Further Constrain Foreign Election Contributions
National Public Radio – Philip Ewing | Published: 8/1/2019
The FEC proposed new rules to outlaw exchanges like the one that took place when a Russian delegation visited Trump Tower in 2016 to offer Donald Trump’s campaign “dirt” on Democrats. Although U.S. law already forbids contributions from foreigners to American political campaigns, President Trump has said the meeting taken by his son, Donald Trump Jr., and others was business as usual and that everybody in politics accepts “opposition research.” There is a difference, though, between material obtained by specialists working for a campaign and information provided by a foreign government, FEC Chairperson Ellen Weintraub says. She restated that distinction earlier this year and the new rule would refine it even more precisely with a written description of what is forbidden.
Puerto Rico Supreme Court Ousts New Governor, and Another Is Sworn In
New York Times – Alejandra Rosa, Patricia Mazzei, and Frances Robles | Published: 8/7/2019
The uneasy calm that had settled over Puerto Rico after huge protests brought down one governor and a second one was installed in his place ended when its Supreme Court ruled the only way to maintain the constitutional order was to swear in the island’s third governor in a week. After the ruling, Pedro Pierluisi, who had filled the position since August 2, stepped down. Wanda Vázquez, the former secretary of justice, took the oath as governor, just the second woman to hold the office. And Puerto Rico was thrust into a new period of political tumult over how long the unpopular Vázquez might remain on the job, and what machinations might be underway to prepare for her possible succession.
The Darkest Money in Washington: Business groups spend more on advocacy and consulting than lobbying
MapLight.org – Andrew Perez, Abigail Luke, and Tim Zelina | Published: 8/6/2019
The IRS has approved thousands of applications for nonprofit status for groups known as 501(c)(6) organizations, which range from the U.S. Chamber of Commerce, which spends more on lobbying than any other trade organization, to the Washington State Society of Anesthesiologists. Their influence has grown since the Supreme Court’s Citizens United decision allowed them to spend directly on politics. The groups spent $535 million on lobbying in 2017 and as much as another $675 million on unregulated efforts to influence public policy. The figures highlight how business interests can exploit loopholes in lobbying rules, which do not cover many staples of modern influence campaigns, such as strategic consulting, media relations, and social media posts, or even the financing of so-called astroturf campaigns.
Trump Judges Face Scrutiny Over President’s Cases
The Hill – Naomi Jagoda and Jacqueline Thomsen | Published: 8/4/2019
Federal judges nominated by President Trump are facing a major public test as they handle cases that involve Trump personally or some of his most controversial policies. New judges are already under pressure to carefully issue rulings as they learn the ropes of the federal judiciary. But three recently appointed District Court judges in the District of Columbia have found themselves and their rulings under a magnifying glass as they deal with cases involving Trump. All three of the Trump-tapped judges have acted as their colleagues on the bench typically do, proceeding cautiously in the recent cases. And while legal experts disagreed over whether the judges are facing additional pressure over their rulings, they agreed there is more attention on the cases, at least in the media.
Canada
Canada – No Criminal Charges in Allegations of Illegal Lobbying by Ford Advisers but OPP Refer Case to Ethics Watchdog
The Globe and Mail – Jim Mahoney | Published: 8/2/2019
The Ontario Provincial Police (OPP) completed its review of allegations of illegal lobbying by advisers to Premier Doug Ford and referred the matter to the province’s ethics watchdog. Investigators launched the review after an independent member of Provincial Parliament, Randy Hillier, alleged he was expelled from the Progressive Conservative caucus in part for raising concerns “of possible illegal and unregistered lobbying by close friends and advisers employed by Premier Ford.” Hillier said Ontario’s ethics laws are lacking and noted the Integrity Commissioner, rather than the OPP, has jurisdiction to investigate alleged misconduct under the Lobbyists Registration Act, which has a maximum penalty of a two-year lobbying ban.
From the States and Municipalities
Arizona – ‘Dark Money’ Expansion Remains on Hold While Court Decides Future of Law
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 8/5/2019
A judge will not let Arizona enforce a law opening the door for more “dark money” in campaigns while it appeals his ruling that the statute is unconstitutional. In a new ruling, Maricopa County Superior Court Judge David Palmer rejected claims by an attorney for the state that it would be too confusing for organizations the Legislature exempted from campaign finance laws in 2017 to now have to obey those laws for the 2020 election. The judge instead sided with attorney Jim Barton, representing the Arizona Advocacy Network that challenged the 2017 law. He told Palmer it would be wrong to run the 2020 election under a law that, at least according to the judge, is unconstitutional.
California – Insurance Commissioner Accepted, Returned More Cash from Insurers Than Previously Known
San Diego Union-Tribune – Jeff McDonald | Published: 7/31/2019
California Insurance Commissioner Ricardo Lara accepted tens of thousands of dollars in additional political contributions from insurers than was previously known, according to a state-mandated campaign filing. The Ricardo Lara for Insurance Commissioner 2022 committee reported that it refunded $83,000 in donations during the six months ending on June 30. Lara was elected state insurance commissioner in November after pledging not to accept campaign funds from insurance companies. Recently he decided to return some $54,000 from insurance executives or their spouses after The San Diego Union-Tribune reported those contributions in early July. Lara also said in the wake of that report he would no longer serve as his own campaign treasurer.
California – Trump Wants to Keep His Tax Returns Private, Asks Courts to Stop California Law
Los Angeles Times – John Myers | Published: 8/6/2019
California’s first-in-the-nation law requiring presidential primary candidates to release their tax returns or be kept off the ballot was challenged in federal court by President Trump, the man who inspired its passage and whose attorneys argued state Democratic leaders had overstepped their constitutional authority. The lawsuit insists California cannot impose limits on ballot access for presidential hopefuls. Legal scholars have offered mixed opinions as to the constitutionality of Senate Bill 27. Some suggested because state Legislatures are given wide berth by the U.S. Constitution in choosing presidential electors, the law could be seen as a logical extension of that power. Others said the law could be thrown out on the same grounds as previous efforts in other states to link a congressional incumbent’s ballot access to how many terms the person had already served in the House.
Colorado – Aurora Lawmakers Unanimously Pass Wide-Reaching City Ethics Law
Sentinel Colorado – Madison Lauterbach | Published: 8/6/2019
Aurora lawmakers unanimously passed an ordinance creating an ethics commission and rules for local elected and select city officials. Prior to the vote, the ordinance would have prohibited city council members and the mayor from accepting gifts valued at more than $75. But Councilperson Charlie Richardson proposed that number be changed to $300 to keep “on the same page with Denver.” The ordinance will create an independent panel of retired judges tasked with investigating ethics complaints. The measure also sets out a variety of rules and standards intended to prevent council members from engaging in conflicts-of-interest.
Colorado – Colorado Approved a National Popular Vote Law. Now It Might Be Repealed.
Beaumont Enterprise – Emily Davies (Washington Post) | Published: 8/2/2019
Just a few months ago, Colorado agreed to radically rethink the way the president is chosen in the United States. The state joined a compact to award its electoral votes to the candidate who wins the national popular vote. The plan would become law if states representing 270 electors join, ensuring the popular vote winner the presidency. (So far, 16 states, representing 196 electors, have joined.) That decision, approved by the state’s Democratic governor in March, prompted a serious backlash that culminated, when activists submitted a petition to repeal the law by referendum in 2020.
Colorado – New State Ethics Commissioner Debra Johnson Previously Investigated for Workplace Misconduct
Colorado Public Radio – Bente Berkeland | Published: 8/5/2019
A recently confirmed member of the Colorado Independent Ethics Commission was investigated in 2016 for workplace harassment, ultimately agreeing to undergo counseling and spend six months away from an office she oversaw to avoid contact with employees who complained about her conduct. The investigation of former Denver Clerk and Recorder Debra Johnson, and the resulting agreement, have not previously been known to the public. The city said there were no records of settlement payments made to Clerk’s office employees who may have complained about Johnson and Johnson now denies she harassed staff, though she apologized to a staff member soon after a complaint was made. “Allegations are allegations until they’re proven otherwise, and they were never proven otherwise,” Johnson said.
Florida – Curbelo’s Campaign and Office Paid $390K to a Friend Who Is Now His Business Partner
Miami Herald – Alex Daugherty | Published: 8/2/2019
During his final two years in office and for several months afterward, former U.S. Rep. Carlos Curbelo paid a Miami dentist and childhood friend with no political experience nearly $400,000 for political consulting, according to recent campaign records. And since losing his seat last November, he has spent thousands of dollars from his leadership PAC – called “What a Country!” – on wine and high-end restaurants. Now, Curbelo’s friend, JP Chavez, is his business partner in a communications and public affairs startup venture called Vocero LLC.
Florida – Former Jacksonville Public Defender Gave Away Guns, Money after Failed Re-election
Florida Times Union – Andew Pantazi | Published: 8/1/2019
After former Jacksonville Public Defender Matt Shirk was ousted from office in 2016, he spent or gave away tens of thousands of dollars on himself and his friends, including handing nine state-owned firearms to a motorcycle club without documentation. A new audit details the repeated ways that Shirk violated state law or policy before and after his failed re-election bid. Public records went missing during his final months in office. In one case, he gave away 10 computers just two days before leaving office. When the computers were recovered, the hard drives had been removed and wiped clean.
Florida – Scott Maddox, Florida’s Former Democratic Chair, Pleads Guilty in Probe
Tampa Bay Times – Dara Kam (News Service of Florida) | Published: 8/6/2019
After reaching a plea deal with federal prosecutors, suspended Tallahassee City Commissioner Scott Maddox admitted guilt to three fraud charges in a “pay-to-play” probe. Under the guilty plea, prosecutors dropped 39 of 42 charges against Maddox, a former Florida Democratic Party chairperson nabbed in a multi-year investigation into city government. Maddox’s longtime aide and former business partner, Paige Carter-Smith, also pleaded guilty to the same three charges as Maddox. Carter-Smith and Maddox admitted to soliciting payments from a ride-sharing company in exchange for favorable actions from the city commission. The court documents show “Company B” paid a Carter-Smith business a total of $30,000 and her businesses paid Maddox approximately $40,000 during the same time period.
Georgia – How a Criminal Investigation in Georgia Set an Ominous Tone for African American Voters
Yahoo News – John Ward | Published: 8/5/2019
Under the direction of Georgia Secretary of State Brian Kemp, Nancy Dennard and 11 of her political allies were arrested and charged with for voter fraud in 2010. To Dennard and her allies, who became known as the Quitman 10+2, the reasons for their arrests were simple. They were black candidates who won an election in the Deep South, upsetting a white-dominated power structure. “They thought they could make an example out of me, and that would kill the spirit of this movement,” said Dennard. Yet the mug shots taken at the jail that first day of African Americans wearing orange jumpsuits would be an enduring image. That perceived threat of organized voter fraud has been used for the past decade by Republicans to enact a series of measures in many states that have made it harder to vote. Kemp had been one of the most aggressive politicians involved in purging voters from the rolls.
Illinois – Illinois Pushes Millions Toward Securing Its Election Systems
Government Technology – Rick Pearson (Chicago Tribune) | Published: 8/5/2019
Three years after Illinois’ voter registration database was infiltrated by Russian hackers, state and local officials are spending millions to upgrade the defenses protecting voters and their ballots leading up to the 2020 election. Efforts to prevent foreign hacking range from hiring Internet security specialists to, in the case of Chicago and Cook County, making plans to buy new polling machines. The breach of the state’s voter database remains the warning sign for election system vulnerability, with national security experts now saying all 50 states had been targeted for Russian intrusion. At least 21 states reported being contacted by addresses associated with Russia, largely by scanning public websites, but Illinois’ data breach was the most significant.
Iowa – The Iowa State Fair Can Make – or Break – a Presidential Candidate
Beaumont Enterprise – Holly Bailey (Washington Post) | Published: 8/6/2019
The Iowa State Fair is a rite of passage for anyone with White House aspirations, a photo op that often serves up funny and weird moments – and sometimes political catastrophe. The 11-day event is a political obstacle course that has been damaging to a number of candidates, establishing a narrative that when set is often hard to shake. It will be especially challenging this year, as candidates struggle to strike the right tone while the nation contends with the aftermath of the shootings in El Paso and Dayton.
Massachusetts – Two City Hall Officials Convicted of Conspiring to Extort Boston Calling Founders
Boston Globe – Maria Cramer | Published: 8/7/2019
Two top aides to Boston Mayor Martin Walsh were convicted of conspiring to extort organizers of the Boston Calling music festival. Kenneth Brissette, the city’s director of tourism, and Timothy Sullivan, chief of intergovernmental affairs, resigned shortly after they were found guilty of strong-arming the festival into hiring union workers in 2014. Federal prosecutors said they leaned on concert organizers to promote Walsh’s political agenda and exploited the organizers’ fear that city officials might shut down the popular event if they failed to comply. Lawyers for Brissette and Sullivan argued the aides had no control over the concert’s permits and prosecutors were criminalizing the ordinary give-and-take of city politics. Legal specialists considered the prosecution novel, pushing against the limits of the Hobbs Act, the federal law that defines extortion.
Michigan – GOP Group Sues to Block Michigan Redistricting Commission
The Hill – Reid Wilson | Published: 7/30/2019
A national Republican group helmed by former Wisconsin Gov. Scott Walker filed a federal lawsuit aimed at blocking a redistricting commission that Michigan voters approved by a wide margin last year. The lawsuit seeks to knock down Proposition 2, which shifted responsibility for redrawing district boundaries from the state Legislature to a citizen commission. The proposition bars anyone who ran for office or worked on political campaigns or as a lobbyist within the last six years from serving on the commission, as well as parents, spouses, and children of those who worked in politics. The suit alleges the exclusionary rules violate First Amendment rights of free speech and 14th Amendment rights to equal protection.
Minnesota – Veterans Charity Under Scrutiny after DOC Official Suspected of Lobbying for Her Husband
St. Paul Pioneer Press – Dave Orrick | Published: 8/3/2019
A Minneapolis nonprofit that aims to help military veterans accused of crimes has come under scrutiny for how it uses taxpayer funds and ties to an embattled former state official. The Veterans Defense Project, which has received nearly $450,000 in state taxpayer funds since 2017, will be the subject of a “special review” by the state legislative auditor. The probe will officially tackle questions that were simmering quietly among some quarters of the Capitol but were thrust into the spotlight when Sarah Walker resigned from her position as deputy commissioner of the Department of Corrections amid an internal probe into whether she was improperly lobbying for the charity. Walker, a longtime lobbyist before she was appointed to the state position in January, is married to Brock Hunter, who co-founded the nonprofit.
Missouri – Stenger Scandal Prompts St. Louis County Council to Block Pensions for Those Convicted of Corruption
St. Louis Public Radio – Chad Davis | Published: 8/6/2019
St. Louis County elected officials and employees who are found guilty of corruption will not be able to collect their pensions. The county council voted unanimously to revoke the pension benefits of those convicted of public corruption such as bribery. Councilperson Tim Fitch said the bill would apply to former County Executive Steve Stenger. The proposal was introduced several weeks after Stenger resigned and pleaded guilty to federal corruption charges.
New York – Assemblyman: ‘Great displeasure’ with ethics probe of alleged rape victim
Albany Times Union – Chris Bragg | Published: 8/7/2019
The former chairperson of the New York Assembly Ethics Committee wrote to state ethics regulators expressing “great displeasure” over their inquiry into Kat Sullivan, an alleged rape victim who lobbied for legislation aiding other child sex abuse victims. The Joint Commission on Public Ethics (JCOPE) has repeatedly contacted Sullivan to get her to register as a lobbyist. With Sullivan refusing, she is now facing a vote by commissioners that would initiate a formal investigation into whether she spent more the more than $5,000 on lobbying in 2018. The investigation could result in Sullivan facing penalties up to $25,000 for each violation. “… This is not the kind of investigative action I intended to be pursued when I voted for the bill that was enacted into law establishing JCOPE,” Assemblyperson Charles Lavine wrote.
New York – When de Blasio’s Daughter Moved, His Security Detail Carried the Futon
New York Times – Jeffrey Mayes and J. David Goodman | Published: 8/7/2019
New York City Mayor Bill de Blasio has spoken extensively about New York being a “tale of two cities,” a place where the privileged had all the advantages, and the working class and poor had none. But for all of his focus on income inequality, his mayoralty has been dogged by questions of whether his personal behavior contradicts his political message. The latest example came as city officials acknowledged that last year the New York Police Department executive protection unit assigned to guard de Blasio and his family helped his daughter move her belongings from an apartment in Brooklyn to Gracie Mansion. Using city resources for personal use is typically a violation of the Conflicts of Interest Law and having police detectives assist in a relative’s move would seem to cross ethical lines, according to Citizens Union Executive Director Betsy Gotbaum.
North Carolina – Former Rep. Rodney Moore Pleads Guilty in Campaign Finance Case, Gets Probation
Charlotte Observer – Jim Morrill | Published: 8/1/2019
Former North Carolina Rep. Rodney Moore, who was indicted on nine felony counts involving false campaign reports, was handed a suspended sentence after pleading guilty to a single count. Moore pleaded guilty to one felony count of making felony false statements under oath. Superior Court Judge Lisa Bell sentenced him to up to five months in prison but suspended the sentence pending his completion of 12 months of unsupervised probation. Moore was indicted on counts involving filing false campaign reports after investigators found he failed to report more than $141,000 in campaign contributions and expenditures. Authorities said he failed to disclose tens of thousands of dollars in political contributions and campaign expenses, including money for movie tickets, dry cleaning, and car washes.
North Carolina – UNC System Head Didn’t List Corporate Board Seats That Paid Millions on Ethics Forms
Charlotte Observer – Nick Ochsner | Published: 8/7/2019
William Roper, the interim president of the University of North Carolina system and former longtime chief executive officer of the UNC Health Care System, failed to disclose his seats on the boards of major corporations between 2011 and 2019, at the same time as those corporations did business with the state, records show. In January, Roper took the helm of the UNC System as interim president. In that same time, Roper has served on the board of directors of DaVita, a company that provides dialysis services. Roper has also been a member of the board of directors of three successor companies in the pharmacy benefits administration industry. None of his corporate board service was disclosed on state ethics forms until recently, when Roper filed amended forms in response to an inquiry from reporters.
Oregon – Paid Ballots and More Disclosure Are Coming to Oregon Elections
Oregon Public Broadcasting – Dirk VanderHart | Published: 8/2/2019
Gov. Kate Brown ensured that Oregonians will be able to mail their ballots for free in elections beginning next year, and that voters could have more information about who is funding political ads. The governor also signed a bill requiring “dark money” groups to disclose large donors, but that provision will not become operative until December 2020. House Bill 2716, which takes effect immediately, requires advertisements supporting or opposing a candidate to disclose who funded them. In the case of ads funded by non-candidate PACs, the bill also requires the disclosure of the top five donors who have contributed at least $10,000 to those groups.
Texas – Anti-Discrimination Official Removed by Council One Month After Racist Posts Surface
Fort Worth Star-Telegram – Luke Ranker | Published: 8/6/2019
The Fort Worth City Council voted to remove Mike Steele from the city’s Human Relations Commission, which he had been a member of since 2015. In July, members of the commission voted to recommend the council remove him after Facebook posts attacking transgender people, Muslims, and immigrants surfaced. The commission is designed to manage issues surrounding racial, religious, or ethnic discrimination in Fort Worth and advise the council on possible changes to city policy. The city’s guidelines for board and commission positions are relaxed, lacking even a social media policy. Beyond avoiding conflicts-of-interest, the expectation is that “those who serve in these positions conduct themselves in a civil manner,” the city said in a statement.
Texas – Ex-Dallas Superintendent Gets 7 Years in Bribery Scheme
Courthouse News Service – David Lee | Published: 8/7/2019
The disgraced former superintendent of the Dallas County Schools bus agency was sentenced to seven years in federal prison for accepting over $3 million in bribes in exchange for awarding $70 million in school bus stop-arm camera contracts that ultimately bankrupted the agency. Rick Sorrells pleaded guilty last year to one count of conspiracy to commit honest services wire fraud. Prosecutors accused Sorrells of spending the money on expensive jewelry, Porsche and Maserati sports cars, trips, and an apartment in New Orleans.
Texas – Texas Faces Turbulent Political Moment
The Hill – Reid Wilson | Published: 8/6/2019
For a quarter century, Texas Republicans have run a ruby-red state, building a conservative bastion where government is limited. Now, the mounting tensions of racially motivated rhetoric, a polarizing president, and Republican infighting have rocked the state’s political leadership. And it may soon face a tipping point brought on by shifting coalitions of voters who want change, in Austin and Washington., D.C. The tumult is creating turnover that has startled even the closest observers of Texas politics.
Washington DC – Metro Reverses Its Decision to Ban Advertisements for Art Exhibition on the Migrant Crisis
Washington Post – Peggy McGlone | Published: 8/6/2019
The Washington Metropolitan Area Transit Authority (WMATA) reversed its decision to reject the advertising campaign for the Phillips Collection’s exhibition, “The Warmth of Other Suns: Stories of Global Displacement.” The WMATA this spring rejected the ad campaign for the 11-week exhibition, which examines global migration. It cited guidelines that prohibit advertisements “intended to influence members of the public regarding an issue on which there are varying opinions” and those “intended to influence public policy.” In 2015, the transit agency adopted guidelines that banned issue-oriented advertisements, as well as those related to religion and politics. The ban has been subject of several lawsuits.
Wyoming – Tribal Leaders Knew of Anti-Regulatory Lobbying Effort, Documents and 2 Council Members Say
Casper Star-Tribune – Chris Aadland and Nick Reynolds | Published: 8/4/2019
Northern Arapaho tribal leaders knew of, and approved, a secretive lobbying effort to defeat legislative attempts to regulate gambling in the state, despite claims that a rogue lobbyist undertook the project without their knowledge. Documents and interviews with those aware of the effort indicate the Northern Arapaho Business Council agreed to fund the creation of a group, the Wyoming Public Policy Center. The lobbying effort aggressively opposed proposals to legalize gambling in Wyoming during the 2019 legislative session to protect its three casinos, the tribe’s most important economic assets. Those proposals were defeated, but lawmakers have since resurrected an attempt at regulating gambling.
June 28, 2019 •
News You Can Use Digest – June 28, 2019
National/Federal Beltway ‘Inundated’ with Fundraisers as Deadline Nears Roll Call – Kate Ackley | Published: 6/25/2019 The subject line of a recent email solicitation from U.S. Rep. Elissa Slotkin’s campaign captures the upcoming fundraising scene in Washington perfectly: “You’re about to […]
National/Federal
Beltway ‘Inundated’ with Fundraisers as Deadline Nears
Roll Call – Kate Ackley | Published: 6/25/2019
The subject line of a recent email solicitation from U.S. Rep. Elissa Slotkin’s campaign captures the upcoming fundraising scene in Washington perfectly: “You’re about to be inundated. Sorry in advance.” With the second quarter fundraising deadline looming, lawmakers are sounding the alarms for their donors – making pleas to far-flung, small-dollar givers online and reliable contributors from K Street’s lobbying community to help them boost their numbers. Even though lawmakers and their challengers still have 17 months before the 2020 elections, the second quarter of this year can be pivotal for incumbents looking to scare away potential opponents in primaries or even the general election with impressive cash-in-hand totals.
Biden’s Ties to Segregationist Senator Spark Campaign Tension
Boston Globe – Matt Viser and Annie Linskey (Washington Post) | Published: 6/20/2019
When Joe Biden was a freshman in the U.S. Senate, he reached out to an older colleague for help on one of his early legislative proposals: the courts were ordering racially segregated school districts to bus children to create more integrated classrooms, a practice Biden opposed and wanted to change. The recipient of Biden’s entreaty was Sen. James Eastland, at the time a well-known segregationist who had called blacks “an inferior race” and once vowed to prevent blacks and whites from eating together in Washington. The exchange, revealed in a series of letters, offers a new glimpse into an old relationship that erupted as a major controversy for Biden’s presidential campaign.
Candidates Hunt Desperately for Viral Moments
MSN – Amy Wang (Washington Post) | Published: 6/24/2019
As the crowded field of Democratic candidates jostle for the presidential nomination, the hunt for elusive breakout opportunities is increasingly urgent. But while viral moments are presented as spontaneous – and uniquely revealing about the candidates — the process can be anything but random, and the campaigns are devoting significant resources to spotting, cultivating, and publicizing them. Or in some cases, creating them outright. A good viral moment can help a candidate stand out in the sprawling field. A great one can telegraph positive qualities – humor, intelligence, compassion – in ways that reverberate far beyond the reach of a coffee shop in New Hampshire. In the best-case scenario, a single episode pushes interested voters over the fence to become full-fledged supporters.
Claiming to Be Cherokee, Contractors with White Ancestry Got $300 Million
Los Angeles Times – Adam Elmahrek and Paul Pringle | Published: 6/26/2019
An investigation by The Los Angeles Times demonstrates a failure in the efforts to help disadvantaged Americans by steering municipal, state, and federal contracts to qualified minority-owned companies. Since 2000, the federal government and authorities in 18 states have awarded more than $300 million under minority contracting programs to companies whose owners made unsubstantiated claims of being Native American. The vetting process for Native American applicants appears weak in many cases, government records show, and officials often accept flimsy documentation or unverified claims of discrimination based on ethnicity. The process is often opaque, with little independent oversight.
Duncan Hunter Had Affairs with Women He Worked With, Including His Own Aide
Roll Call – Katherine Tully-McManus | Published: 6/25/2019
U.S. Rep. Duncan Hunter illegally used campaign donations to finance extramarital romantic relationships with women he worked alongside, including one of his own aides, according to federal prosecutors. Hunter pursued five “intimate relationships” in total, and tapped donor funds to finance his liaisons, including ski trips, nights out in Washington, D.C., and Uber rides between his office to their homes. Government attorneys argued information about the relationships should be heard during the trial because they are central to his case, not “prurient.” Hunter’s infidelities have been alluded to in public court documents before, but the affairs were only described as “personal relationships.” Hunter faces trial in September for allegedly using his campaign committee as a personal bank account.
EPA’s Top Air Policy Official Steps Down Amid Scrutiny Over Possible Ethics Violations
Brainard Dispatch – Juliet Eilperin and Brady Dennis (Washington Post) | Published: 6/26/2019
Bill Wehrum spent only a year and a half as the Environmental Protection Agency’s (EPA) top air official before announcing plans to resign amid scrutiny over possible violations of federal ethics rules. EPA Administrator Andrew Wheeler did not cite a specific reason for the departure of Wehrum, who as an attorney represented power companies seeking to scale back air pollution rules. But Wehrum has privately expressed concern about how an ongoing House Energy and Commerce Committee probe was affecting his former law firm, Hunton Andrews Kurth. The committee launched an inquiry of Wehrum after it was reported that questions had been raised about his compliance with President Trump’s ethics pledge, which requires political appointees to recuse themselves from specific matters involving their former employers and clients for two years.
FEC Fines Florida-Based Company for Illegal Contribution to Support Rick Scott’s 2018 Campaign
Roll Call – Stephanie Aiken | Published: 6/25/2019
The FEC fined a Florida company for making an illegal campaign contribution to support Rick Scott’s 2018 campaign for the U.S, Senate. The $9,500 fine levied against Ring Power Corp., which sells and leases industrial machinery, represents a rare penalty for a company found to have violated a 75-year-old ban on campaign contributions from federal contractors. Ring Power has received federal contracts and grants since 2007. The New Republican PAC, a Super PAC supporting Scott’s campaign, returned the $50,000 contribution in August, shortly after the Campaign Legal Center filed a complaint.
GOP to Launch New Fundraising Site as Dems Crush the Online Money Game
Politico – Alex Isenstadt | Published: 6/23/2019
Republicans are set to launch a long-awaited, much-delayed online fundraising platform, a move aimed at closing Democrats’ small-donor money advantage ahead of the 2020 election. WinRed is being billed as the GOP’s answer to the Democratic Party’s ActBlue, which has already amassed over &174 million this year. The new tool is intended to reshape the GOP’s fundraising apparatus by creating a centralized, one-stop shop for online Republican giving, which the party has lacked to this point. Republicans until now have had a factionalized ecosystem of vendors that stymied efforts to unify behind a single fundraising vehicle.
Judge: Democrats’ emoluments case against Trump can proceed
San Jose Mercury News – Ann Marimow, Jonathan O’Connell, and Carol Leonnig (Washington Post) | Published: 6/25/2019
Rejecting a request from President Trump, a federal judge cleared the way for nearly 200 Democrats in Congress to continue their lawsuit against him alleging his private business violates an anti-corruption provision of the Constitution. U.S. District Court Judge Emmet Sullivan declined to put the case on hold and said lawmakers could begin seeking financial information, interviews, and other records from the Trump Organization. The administration still can try to delay or block Democrats in Congress from issuing subpoenas for the president’s closely held business information by appealing directly to the U.S. Court of Appeals for the District of Columbia Circuit to intervene.
Mueller to Testify to Congress, Setting Up a Political Spectacle
New York Times – Nicholas Fandos | Published: 6/25/2019
Former special counsel Robert Mueller will testify to Congress in open session on July 17 after being subpoenaed by two committees. Coming nearly three months after the release of his report on Russia’s election interference and possible obstruction of justice by President Trump, Mueller’s testimony has the power to potentially reshape the political landscape around Trump’s re-election campaign and a possible impeachment inquiry by the House. The question is what Mueller will be willing to say. He conducted his work in absolute private, despite incessant attacks by Trump in public and from within the White House, and ultimately issued a lengthy report that raised as many questions as it answered.
Supreme Court Leaves Census Question on Citizenship in Doubt
MSN – Adam Liptak (New York Times) | Published: 6/27/2019
The U.S. Supreme Court sent back to a lower court a case on whether the census should contain a citizenship question, leaving in doubt whether the question would be on the 2020 census. Chief Justice John Roberts, writing for the majority, said the explanation offered by the Trump administration for adding the question – asking whether a person is a citizen – was inadequate. But he left open the possibility that it could provide an adequate answer. Government experts predicted that asking the question would cause many immigrants to refuse to participate in the census, leading to an undercount of about 6.5 million people. That could reduce Democratic representation when congressional districts are allocated in 2021 and affect how hundreds of billions of dollars in federal spending are distributed.
Supreme Court Says Federal Courts Don’t Have a Role in Deciding Partisan Gerrymandering Claims
MSN – Robert Barnes (Washington Post) | Published: 6/27/2019
The U.S. Supreme Court ruled federal courts have no role to play in the dispute over the practice known as partisan gerrymandering, dealing a blow to efforts to combat the drawing of electoral districts for partisan gain. The court rejected challenges to Republican-drawn congressional districts in North Carolina and a Democratic district in Maryland. Voters and elected officials should be the arbiters of what is essentially a political dispute, Chief Justice John Roberts said in his opinion for the court. The ruling puts a stop to recent decisions by federal courts across the country that have found extreme partisan gerrymandering went so far as to violate the constitutional rights of voters.
Walmart to Pay $282 Million Over Foreign Corruption Charges
AP News – Matthew Barakat | Published: 6/20/2019
Walmart agreed to pay $282 million to settle federal allegations of overseas corruption, including funneling more than $500,000 to an intermediary in Brazil who was known as a “sorceress” for her uncanny ability to make construction permit problems disappear. U.S. authorities went after Walmart under the Foreign Corrupt Practices Act, which prohibits American companies operating abroad from using bribery and other illegal methods. The company settled both civil charges brought by the Securities and Exchange Commission and a criminal case by federal prosecutors in Virginia. It said the two settlements close the books on federal investigations that sand have collectively cost the company more than $900 million.
When Trump Visits His Clubs, Government Agencies and Republicans Pay to Be Where He Is
MSN – David Fahrenthold, Josh Dawsey, Jonathan O’Connell, and Michelle Ye Hee Lee (Washington Post) | Published: 6/20/2019
Since taking office, President Trump has faced pushback about his official visits to his properties from some of his aides, including inside the White House counsel’s office. They worried about the appearance that he was using the power of the presidency to direct taxpayer money into his own pockets, but Trump has rebuffed such warnings. In all, his scores of trips have brought his private businesses at least $1.6 million in revenue, from federal officials and Republican campaigns who pay to go where Trump goes. Campaign finance records show several GOP groups paying to hold events where Trump spoke. Republican fundraisers say they do that, in part, to increase the chances Trump will attend. It has also reshaped the spending habits of the federal government, turning the president into a vendor.
Canada
Canada – Lobbying Watchdog Says Glitch in System Skewed Volume of Registrations
Hill Times – Beatrice Paez | Published: 6/26/2019
Canadian Prime Minister Justin Trudeau’s tenure in office has undoubtedly brought a surge in lobbying activity, but a glitch in the registry’s system resulted in an overrepresentation of the number of lobbyists actively registered, Lobbying Commissioner Nancy Bélanger said. “During the past year, we realized that the numbers recorded in last year’s [report] included lobbyists whose registrations were no longer active,” Bélanger said. Still, the office has seen a steady uptick in the volume of communication reports posted since Trudeau took office in 2015.
From the States and Municipalities
Arkansas – Former Arkansas Lawmaker Pleads Guilty in Corruption Cases
AP News – Andrew DeMillo | Published: 6/25/2019
A former Arkansas lawmaker who is Gov. Asa Hutchinson’s nephew pleaded guilty to accepting bribes and filing a false tax return. Former state Sen. Jeremy Hutchinson also agreed to plead guilty to one count of conspiracy in a separate federal case in Missouri where he has been charged with accepting bribes to help Preferred Family Healthcare. Hutchinson admitted he took more than $10,000 in campaign funds for his personal use and did not report $20,000-per-month payments he received from one law firm and other sources of income he knowingly concealed from his taxes. Hutchinson also pleaded guilty to conspiracy to commit bribery and admitted to accepting more than $150,000 from the co-owner of orthodontic clinics in exchange for efforts to change a dental practices law.
Connecticut – Connecticut’s Search for a New Ethics Watchdog
Connecticut Mirror – Mark Pazniokas | Published: 6/20/2019
The Citizens’ Ethics Advisory Board is seeking a successor to Carol Carson as executive director of the Office of State Ethics, an agency that was new and struggling to find its way when she was hired. Carson, who is retiring on August 1, is credited with returning stability and credibility to the role of ethics watchdog, enforcing the ethics code for state officials, and overseeing the lobbying industry at the Capitol. “Let’s be clear about something: there is no replacing Carol Carson,” said Dena Castricone, the board’s chairperson.
Florida – When It Comes to Holding NRA Lobbyist Marion Hammer Accountable, Florida Senate Ignores Own Rules
Florida Bulldog – Dan Christensen | Published: 6/20/2019
The Florida Senate is apparently not going to ask longtime National Rifle Association (NRA) lobbyist Marion Hammer why she has not reported income from the group for more than a decade. Sen. Perry Thurston and Rep. Anna Eskamani filed complaints demanding the Legislature investigate Hammer for failing to disclose annual lobbying payments since 2007 as required by Florida law. It has been reported that records show the NRA paid Hammer more than a $750,000 between 2014 and 2018, yet none of it appears on quarterly compensation reports. But Senate Rules Committee Chairperson Lizbeth Benacquisto sent the complaint back to the Office of Legislative Services, which operates within the Senate president’s office, for “review” and “appropriate action.”
Indiana – Council Lawyer: Mayor unlikely to appeal campaign contribution ordinance
Fort Wayne Journal Gazette – Dave Gong | Published: 6/25/2019
Fort Wayne Mayor Tom Henry’s administration is unlikely to appeal a court ruling that struck down a controversial ordinance limiting campaign contributions from city contractors, city council attorney Joe Bonahoom wrote in a memorandum to the council president. Allen Superior Court Judge Jennifer DeGroote blocked the city from enforcing the ordinance recently after Kyle and Kimberly Witwer of Witwer Construction challenged the ordinance in a lawsuit. The ordinance forbade any company from bidding on a city contract if any owner, partner, or principal who owns more than 10% of that company gave more than $2,000 to the political campaign of a person with responsibility for awarding contracts.
Maryland – Baltimore’s Budget for Ethics Enforcement: $0
Baltimore Sun – Ian Duncan | Published: 6/25/2019
In the midst of multiple investigations into former Baltimore Mayor Catherine Pugh’s financial dealings, the city did not budget any money for ethics oversight. No city staff are dedicated to enforcing ethics rules and the word “ethics” appears nowhere in the city’s 1,035-page budget proposal for the coming year. Instead, the six-member staff of the Department of Legislative Reference must spend part of their time assisting the city’s volunteer ethics board, processing disclosure forms, answering questions from city employees, and investigating complaints.
New Jersey – NJ ‘Dark Money’ Law Faces First Lawsuit Challenging Requirement to Name Secret Donors
Bergen Record; Staff – | Published: 6/26/2019
A libertarian advocacy group filed a federal lawsuit challenging New Jersey’s newly signed “dark money” law that requires political groups to reveal their big-spending funders, legislation Gov. Phil Murphy signed despite earlier vetoing the bill and calling it “unconstitutional.” Americans for Prosperity asked a federal judge to prevent New Jersey officials from enforcing the law until the suit is decided and to declare the law unconstitutional. The law requires 501(c)(4) political nonprofits and 527 political organizations to report all funders that give more than $10,000 or spend more than $3,000. Americans for Prosperity says the law goes beyond typical campaign finance rules that cover only election-related ads. New Jersey will now also make groups report funders for ads on ballot measures, legislation, and policymaking, which grassroots groups say will prevent people from donating to them.
Oregon – Oregon Republicans Not Making Clear Whether They’ll Return to Salem, What They Want to Get Them Back
Portland Oregonian – Hillary Borrud and Mike Rogoway | Published: 6/26/2019
As the Oregon Senate Republicans’ walkout continues, there are no signs at the Capitol or elsewhere that members of the minority caucus will return soon. And publicly, they seem to be sending mixed messages about what they want if they agree to do so. Senate Republicans have drawn national attention since they fled the state to deny Democrats quorum for a vote on a bill to cap emissions. It turns out, however, that Democrats were one vote short of the 16 senators needed to pass the bill, so it would have been stopped from passage anyway.
Wyoming – A Mystery Group Has Been Pushing to Stop Gambling Regulation in Wyoming
Casper Star-Tribune – Nick Reynolds | Published: 6/25/2019
Over the past several months, a grassroots organization of obscure origin called the Wyoming Public Policy Center has been fighting to defeat gambling regulations proposed in the state Legislature, employing experienced lobbyists and anonymously authored policy papers in efforts to influence decision making. But the group was not registered with the state until after The Casper Star-Tribune began asking questions. In Wyoming, lobbyists and lobbying groups are required to register with the state. Despite that, there is little anyone can do about it: a combination of weak state laws and few mechanisms for law enforcement make it difficult to hold such groups accountable.
June 21, 2019 •
News You Can Use Digest – June 21, 2019
National/Federal A Foreigner Paid $200,000 for Tickets to Trump’s Inaugural. Now He Says He Was Duped. MSN – Kenneth Vogel (New York Times) | Published: 6/18/2019 Pavel Fuks, a Ukrainian-Russian developer, said he paid $200,000 for VIP tickets to Donald Trump’s […]
National/Federal
A Foreigner Paid $200,000 for Tickets to Trump’s Inaugural. Now He Says He Was Duped.
MSN – Kenneth Vogel (New York Times) | Published: 6/18/2019
Pavel Fuks, a Ukrainian-Russian developer, said he paid $200,000 for VIP tickets to Donald Trump’s inauguration at the direction of Yuri Vanetik, a Republican fundraiser and sometime lobbyist. Fuks now alleges in a lawsuit that his money did not buy the promised access to Trump and other influential politicians. He never received the tickets he said he was promised to an official inaugural ball, to a dinner with incoming cabinet members, or to other exclusive events. Fuks is seeking a refund from Vanetik, plus damages. The lawsuit sheds new light on efforts to accommodate foreign politicians and business executives who sought to attend Trump’s inauguration to press their agendas, curry favor, or make influential connections with the incoming administration.
DC Circuit Rejects NY State GOP-Led Challenge to Anti-‘Pay-to-Play’ Rule
Law.com – Tom McPartland | Published: 6/18/2019
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit upheld a “pay-to-play” rule that bars brokers from soliciting government contracts for two years after making campaign donations to public officials. The judges said the U.S. Securities and Exchange Commission (SEC) had acted within its authority. The ruling rejected a challenge by state Republican Party organizations in New York and Tennessee, who had claimed the rule was “arbitrary and capricious” and had hurt their ability to raise funds. Judge Cornelia Pillard said the SEC had provided sufficient evidence that the law was needed to combat corruption, following specific instances of quid-pro-quo arrangements between elected officials and donors who had been awarded contracts to advise public pension funds.
Democrats and Some Republicans Question Trump’s Vetting Process after Shanahan Withdrawal
Washington Post – Karoun Demirjian | Published: 6/18/2019
Senators from both parties are asking why they did not have advance notice of the domestic violence incidents in Patrick Shanahan’s family that ended his bid to become President Trump’s permanent defense secretary, calling his nomination’s collapse the latest example of shoddy White House vetting. With his withdrawal and resignation, Shanahan joins several other former candidates for prominent Cabinet and military leadership positions in the Trump administration who bowed out after compromising details came to light. There was particular consternation among some senators that Congress was not apprised of the incidents by the administration, the FBI, or Shanahan himself. As some noted, a background check would have accompanied Shanahan’s nomination in 2017 to become the deputy defense secretary.
Drugmakers’ Lawsuit Ramps Up Fight with Trump
The Hill – Nathaniel Weixel | Published: 6/18/2019
The pharmaceutical and advertising industries are taking their fight with the Trump administration over drug price disclosures to court. Three drug companies – Amgen, Merck, and Eli Lilly – and the nation’s largest advertising group announced they were suing the administration over its new policy of requiring prescription drug manufacturers to disclose list prices in television ads. The plaintiffs argue the rule violates their First Amendment rights, and the lawsuit seeks to overturn the administration’s latest effort to bring transparency to the medication pricing system. The rule is set to take effect July 9, and the industry groups are asking for it to be put on hold before that time.
Ex-Hassan Aide Sentenced to 4 Years for Doxing Senators
Politico – Josh Gerstein | Published: 6/19/2019
A former aide to U.S. Sen. Maggie Hassan was sentenced to four years in prison for hacking Senate computers and releasing personal information online about five Republican senators out of anger spurred by their roles in the confirmation hearings for Justice Brett Kavanaugh. U.S. District Court Judge Thomas Hogan said the sentence for Jackson Cosko was needed to send a signal that criminal harassment driven by political motives would be punished severely in an era marked by extreme political polarization. Cosko said he had been struggling with substance abuse and mental health issues. Hogan said he was puzzled at how Cosko kept up work in congressional offices given the cocaine, psychedelics, and alcohol he was consuming daily.
FEC Chair Makes Another Go at Regulating Online Political Ads
Center for Responsive Politics – Karl Evers-Hillstrom | Published: 6/17/2019
FEC Chairperson Ellen Weintraub is proposing rules that would require some online political ads to attach a disclaimer describing who is paying for them. The proposed guideline, similar to measures introduced by the FEC last year, would subject paid online ads to similar disclaimer rules as print, television, and radio ads. Increasingly popular social media ads, including those engaging in electioneering communications that mention a candidate shortly before an election, are currently exempt from including disclaimers under federal law. Amid ideological deadlock, the FEC has struggled to agree on how to regulate online ads since it was revealed that Russian actors purchased Facebook ads under fake accounts to influence the 2016 election.
Federal Judge Says Census Citizenship Question Merits More Consideration in Light of New Evidence
MSN – Tara Bahrampour (Washington Post) | Published: 6/19/2019
U.S. District Court Judge George Hazel ruled that new evidence in the case of a census citizenship question merits more consideration, opening the possibility the question could come before the Supreme Court again even after it rules as expected this month. Civil rights groups who had sued the government over its addition of a citizenship question to the 2020 Census had asked Hazel to reconsider his ruling on whether the government was guilty of conspiracy and intent to discriminate after new evidence in the case emerged in May. Files discovered on hard drives belonging to a deceased Republican redistricting strategist suggested he had communicated with the Trump administration about how to get the citizenship question onto the survey and the strategist had determined that adding the question would create an electoral advantage for Republicans and non-Hispanic whites.
Federal Watchdog Agency Recommends Removal of Kellyanne Conway from Federal Office for Violating the Hatch Act
Washington Post – Michelle Ye Hee Lee, Lisa Rein, and Josh Dawsey | Published: 6/13/2019
The Office of Special Counsel recommended the removal of White House counselor Kellyanne Conway from federal office for violating the Hatch Act, which bars federal employees from found Conway violated the law on numerous occasions by “disparaging Democratic presidential candidates while speaking in her official capacity during television interviews and on social media.” The agency described her as a “repeat offender.” A senior White House official said the president is unlikely to punish Conway and instead will defend her. In an interview, Special Counsel Henry Kerner called his recommendation that a political appointee of Conway’s stature be fired “unprecedented.”
‘I Hate David and I Hate This Job’: Ex-Schweikert staffers describe unrest in ethics report
Arizona Republic – Ronald Hanson | Published: 6/12/2019
U.S. Rep. David Schweikert presided over a slipshod office operation with financial oversight so weak that his former chief of staff managed to take home improper, extra pay that violated House ethics rules for years, an investigation found. Oliver Schwab may have collected $60,000 in outside pay over three years above what House rules permitted and attended the 2015 Super Bowl with Schweikert as part of a taxpayer-paid trip that was reported as official business, the report said. There were other possible sources of income Schwab had that investigators could not examine. Apart from the alleged wrongful spending, the 424-page report paints the image of a congressional office simmering with discontent as Schweikert pondered a Senate run and as Schwab took out his frustrations with Schweikert on other staffers.
Legal Fight Tougher for Congressman as Wife Pleads Guilty
AP News – Julie Watson | Published: 6/13/2019
Indicted U.S. Rep. Duncan Hunter has held steadfast to his contention that a corruption case against him is the result of a political witch hunt. But that argument got tougher after his wife, who worked as his campaign manager, pleaded guilty to a single corruption count and acknowledged being a co-conspirator with her husband in spending more than $200,000 in campaign funds on personal expenses. Margaret Hunter accepted a plea deal that calls for 59 charges to be dismissed in exchange for her testimony, full cooperation with prosecutors, and other concessions. The conspiracy charge to which she pleaded includes all the allegations contained in the 60-count indictment.
Supreme Court Rules in Case Watched for Impact on Trump Pardons
Politico – Josh Gerstein and Natasha Bertrand | Published: 6/17/2019
The U.S. Supreme Court ruled in a closely watched “double jeopardy” case, issuing a decision that preserves states’ power to limit the impact of future pardons by President Trump or his successors. The justices declined to disturb a longstanding legal principle known as dual sovereignty, which allows state governments to bring their own charges against defendants already tried or convicted in federal court, or vice versa. Democrats and others bracing for potential pardons by Trump of individuals convicted in former special counsel Robert Mueller’s investigation were tracking the case because a decision overturning the dual sovereigns rule could have complicated efforts by state prosecutors to blunt the impact of any attempt Trump may make to grant clemency to those targeted by Mueller’s team.
The Political Donor Class Is Mostly White and Male. Some Women of Color Are Trying to Change That.
Washington Post – Michelle Ye Hee Lee | Published: 6/19/2019
No longer content to simply be the Democratic Party’s most loyal voters, some women of color are seeking to break into the influential but overwhelmingly white and male world of political donors. The efforts are part of a broader campaign to elevate the voices of this group within the Democratic Party, which has had some success. But the efforts also reflect a worry that, without robust giving by minority women, the party will move on in the general election to focus on white Midwestern Trump voters at the expense of communities of color. The absence of women of color is particularly acute among the super-rich givers, billionaires and multimillionaires who give seven figures or more per election. The power of these donors has grown in recent years as courts have opened the floodgates to unlimited spending to try to sway elections.
‘Who’s Taking Care of the Kids?’ Is Finally a Question for Dads on the Trail, Too
MSN – Lisa Lerer (New York Times) | Published: 6/12/2019
For decades, mothers running for office have faced skepticism: “Who’s taking care of the kids?” wondered voters. As American families evolve, a number of fathers of young children are slowly being forced to grapple with the same politically loaded question. That has left them making a calculation that women have made for decades – how to pursue public life and parenthood at the same time. And at least a few of the 15 fathers who are running for president in 2020 are eager to talk about it, including the day-to-day caregiving tasks that most politician moms generally consider just business as usual. While research and surveys show female candidates still confront a steeper double standard when it comes to their family life, male politicians with young children suddenly find themselves facing something totally new – a standard.
Why the Trump Campaign Won’t Pay Police Bills
Center for Public Integrity – Dave Levinthal | Published: 6/13/2019
At least 10 city governments – from Mesa, Arizona, to Erie, Pennsylvania – are still waiting for Trump to pay public safety-related invoices they have sent his presidential campaign committee in connection with his political rallies. Some invoices are three years old. In all, city governments say Trump’s campaign owes them at least $841,219. The cities are adamant Trump should pay up. But in many of these cases, there are no signed contracts between the municipal governments and the Trump campaign. The cities dispatched police officers to secure Trump’s events because they believe public safety required it, and the U.S. Secret Service asked for it. Presidential candidates should consider paying cities’ police bills even if they do not believe they are legally required to do so, some police advocates said.
From the States and Municipalities
Arkansas – Judge Blocks Law on Timing of Donations
Arkansas Democrat-Gazette – Linda Satter | Published: 6/18/2019
An Arkansas law that bars candidates for state office from accepting campaign contributions more than two years before an election was blocked by a federal judge, prompting an immediate appeal from the state. Peggy Jones sued over the law, contending it infringes on her right of political expression by preventing her from donating money now to people she wants to support as candidates in the 2022 election cycle. U.S. District Judge James Moody Jr. had enjoined the state from enforcing the law as his ruling is appealed, but later reversed that part of the ruling.
Colorado – Outside Groups Spent More Than $1 Million to Influence Denver’s Election, and It Took a Lot of Work to Figure That Out
Denver Post – Andrew Kenney | Published: 6/17/2019
Outside spending is mutating faster than the city can keep pace, and it threatens to undermine the campaign finance reforms that were recently approved by Denver voters. In 2011, independent groups spent more than $700,000 on Denver’s elections, but much of that earlier spending came through PACs, which must report their finances through the city’s standard forms. In 2019, more than $1 million was spent through a different outlet. The biggest donors embraced nonprofit groups that disclose less information about their supporters during the election. It is part of a national trend that accelerated with the Citizens United case decided by the U.S. Supreme Court in 2010.
Massachusetts – After Being Rejected by the State, DiMasi Is Now a Registered Lobbyist at City Hall
Boston Globe – Matt Stout | Published: 6/20/2019
Former Massachusetts House Speaker Salvatore DiMasi registered to lobby in Boston a day after he appealed the secretary of state’s rejection of his attempt to register as a lobbyist at the state level. Boston’s process, which operates separately from the state, was launched amid concerns the city had no effective way to regulate who was lobbying at City Hall. DiMasi’s registration could cast a spotlight on the fledgling rules, which proponents say are still a work in progress. The city ordinance includes a mechanism to automatically disqualify anyone from lobbying for 10 years if they have been convicted of a felony that violates certain state lobbying and ethics laws. The language closely mirrors the statute under which the secretary of state’s office rejected DiMasi from registering with the state.
Montana – Montana Lobbyist Spending Reports Now Harder to Access
Montana Public Radio – Corin Cates-Carney | Published: 6/18/2019
At least $6.5 million was spent on lobbying during Montana’s 2019 legislative session. In the past, commissioners of political practices have devoted staff time to translating the paper forms lobbyists are required to file into a single electronic document, which the public or the press could then search and sort. But this year, Political Practices Commissioner Jeff Mangan, who was appointed in 2017, chose to not require his staff to do that. “It’s not their jobs to input, or data input, information for the lobbyists,” Mangan said. Both lobbyists and watchdog groups say Montana’s lobbying disclosure laws are better than most other states. But Denise Roth Barber, managing director at the National Institute on Money in State Politics, says the lack of consistent electronic filing is a weakness.
New Jersey – Gov Signs Dark-Money Bill, Expects Lawmakers to Roll Back Problem Parts
NJ Spotlight – Colleen O’Dea | Published: 6/18/2019
New Jersey Gov. Phil Murphy signed a bill that requires, at least for the moment, politically active nonprofits or 501(c)(4) groups to disclose their high-dollar contributors – those giving at least $10,000 – when these groups spend at least $3,000 to influence an election, legislation, or regulations. The law also increases the maximum amounts of all campaign contributions. It raises the amount that an individual candidate can receive from $2,600 to $3,000 per election and increases the amounts that political committees and party committees can receive, as well. Assemblyperson Andrew Zwicker said he introduced a “cleanup” bill to address Murphy’s concerns over the impact the new law would have on some nonprofit advocacy groups.
Oklahoma – Ethics Commission Says Money Is Tight
The Oklahoman – Nolan Clay | Published: 6/15/2019
A year after the state’s watchdog panel sued unsuccessfully for more funding, its financial situation remains dire, officials say. “It will be a very tight year,” Oklahoma Ethics Commission Executive Director Ashley Kemp said at the agency’s regular monthly meeting. Legislators budgeted the commission $716,621 for the 2020 fiscal year, an increase of about $6,000 from its current appropriations. That “doesn’t even cover the personnel costs,” Kemp said. Lawmakers also voted to remove $550,000 from the commission’s revolving fund and to cap how much it can spend in the future from that fund at $150,000 a year.
Oregon – Limits on Oregon Campaign Money Are Dead. But Voters May Still Get to Weigh In.
Portland Oregonian – Rob Davis | Published: 6/14/2019
Limits on campaign donations will have to wait for another legislative session in Oregon. A bill that cleared the House with several loopholes intact is not advancing in the state Senate. Meanwhile, lawmakers are moving ahead with a measure asking voters to amend Oregon’s constitution by authorizing the creation of campaign finance restrictions. The death of House Bill 2714, which would set specific dollar caps in anticipation of the constitutional measure’s passage, gives lawmakers more time to find agreement before Senate Joint Resolution 18 would go to voters in November 2020.
Virginia – Supreme Court Dismisses Challenge to Findings of Racial Gerrymandering in Virginia Districts
Philadelphia Inquirer – Robert Barnes (Washington Post) | Published: 6/17/2019
The U.S. Supreme Court dismissed the challenge to a lower court’s findings that some of Virginia’s legislative districts were racially gerrymandered, saying House Republicans did not have legal standing to challenge the decision. The decision could give an advantage to the state’s Democrats. All 140 seats in the Legislature are on the ballot this fall, and the GOP holds two-seat majorities in both the House and the Senate. The case concerned 11 voting districts drawn after the 2010 census, each with at least a 55 percent population of black residents of voting age. Democratic voters in those districts sued, saying lawmakers had run afoul of the Constitution by packing too many black voters into the districts, diminishing their voting power.
Washington – These Voters Are Using Democracy Vouchers to Influence Seattle’s City Council Races
Seattle Times – Daniel Beekman | Published: 6/12/2019
Across Seattle, the taxpayer-funded democracy vouchers mailed in February to registered voters and other eligible residents are changing how races are run: 42 of 55 candidates for the council’s seven district seats have signed up and together have collected nearly $1.6 million in vouchers. The program, unlike any other in the country, is meant to involve more people in the electoral process, help grassroots candidates compete, and encourage them to interact with regular voters rather than dialing for dollars from wealthy donors. Participating candidates must abide by special spending and contribution limits. More than 30 candidates have already gathered at least $20,000 in vouchers, and they are interacting with voters in various ways.
June 18, 2019 •
Tuesday’s LobbyComply News Roundup
Campaign Finance Colorado: “Outside Groups Spent More Than $1 Million to Influence Denver’s Election, and It Took a Lot of Work to Figure That Out” by Andrew Kenney for Denver Post Oregon: “Limits on Oregon Campaign Money Are Dead. But […]
Campaign Finance
Colorado: “Outside Groups Spent More Than $1 Million to Influence Denver’s Election, and It Took a Lot of Work to Figure That Out” by Andrew Kenney for Denver Post
Oregon: “Limits on Oregon Campaign Money Are Dead. But Voters May Still Get to Weigh In.” by Rob Davis for Portland Oregonian
Washington: “These Voters Are Using Democracy Vouchers to Influence Seattle’s City Council Races” by Daniel Beekman for Seattle Times
Elections
National: “‘Who’s Taking Care of the Kids?’ Is Finally a Question for Dads on the Trail, Too” by Lisa Lerer (New York Times) for MSN
Ethics
National: “‘I Hate David and I Hate This Job’: Ex-Schweikert staffers describe unrest in ethics report” by Ronald Hanson for Arizona Republic
Connecticut: “A Decade After His Corruption Scandal Broke, Hartford Weighs a Second Chance for Eddie Perez” by Rebecca Lurye for Hartford Courant
Oklahoma: “Ethics Commission Says Money Is Tight” by Nolan Clay for The Oklahoman
Redistricting
Virginia: “Supreme Court Dismisses Challenge to Findings of Racial Gerrymandering in Virginia Districts” by Robert Barnes (Washington Post) for Philadelphia Inquirer
May 7, 2019 •
Tuesday’s LobbyComply News Roundup
Campaign Finance National: “A Lawsuit About Trump and the NRA Could Upend How the Government Polices Campaign Finance” by Nihal Krishan for Mother Jones National: “Desperate Drive to Make the Debate Stage Shakes Dem Campaigns” by Elena Schneider for Politico […]
Campaign Finance
National: “A Lawsuit About Trump and the NRA Could Upend How the Government Polices Campaign Finance” by Nihal Krishan for Mother Jones
National: “Desperate Drive to Make the Debate Stage Shakes Dem Campaigns” by Elena Schneider for Politico
Elections
Florida: “Florida Legislators Agree to Limit Felons’ Voting Rights. Critics Call It a New Poll Tax.” by Amy Gardner for Washington Post
Ethics
Michigan: “Unlike the Rest of America, Michigan Lawmakers’ Personal Finances Are a Secret” by Lauren Gibbons and Taylor DesOrmeau for MLive.com
Missouri: “Former St. Louis County Executive Steve Stenger Pleads Guilty to Pay-to-Play Charges” by Robert Patrick for St. Louis Post-Dispatch
Pennsylvania: “Bob Brady’s Political Guru, Ken Smukler, Sentenced to 18 Months in Prison for Campaign Finance Crimes” by Jeremy Roebuck for Philadelphia Inquirer
Lobbying
Montana: “Aviation Fuel Tax Accompanied by Grassroots Effort, but Not Technically Lobbying” by Holly Michels for Helena Independent Record
Redistricting
Ohio: “Federal Judges Declare Ohio Congressional Map Unconstitutional” by Robert Barnes for Washington Post
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