June 26, 2020 •

News You Can Use Digest – June 26, 2020

News You Can Use

National/Federal

A Winner on Election Day in November? Don’t Count on It
New York Times – Shane Goldmacher | Published: 6/24/2020

The cliffhanger elections in Kentucky and New York did not just leave the candidates and voters in a state of suspended animation wondering who had won. Election officials, lawyers, and political strategists in both parties said the lack of results was a bracing preview of what could come after the polls close in November: no clear and immediate winner in the presidential race. With the coronavirus pandemic swelling the number of mailed-in ballots to historic highs across the nation, the process of vote-counting has become more unwieldy, and election administrators are straining to keep up and deliver timely results. The jumble of election rules and deadlines by state, including in presidential battlegrounds, all but ensure the victor in a close race will not be known on November 3.

Amid Threats and Political Pushback, Public Health Officials Are Leaving Their Posts
MSN – Rachel Weiner and Ariana Eungjun Cha (Washington Post) | Published: 6/22/2020

Public health workers are confronting waves of protest at their homes and offices in addition to pressure from politicians who favor a faster reopening. Lori Tremmel Freeman, chief executive of the National Association of County and City Health Officials, said more than 20 health officials have been fired, resigned, or have retired in recent weeks “due to conditions related to having to enforce and stand up for strong public health tactics during this pandemic.” Although shutdown measures are broadly popular, a vocal minority opposes them vociferously. There have been attacks on officials’ race, gender, sexual orientation, and appearance. Freeman said some of the criticisms “seem to be harsher for women.”

Appeals Court Panel Orders End to Michael Flynn Case
New York Times – Charlie Savage | Published: 6/24/2020

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit directed a federal judge to drop a criminal case against President Trump’s former national security adviser Michael Flynn. The panel ruled in favor of Flynn and the Trump administration in preventing U.S. District Court Judge Emmet Sullivan from exercising his discretion on whether to grant the Justice Department’s motion to clear Flynn. The order was rare and came as a surprise, taking its place as yet another twist in the legal and political drama surrounding the prosecution of Flynn, who twice pleaded guilty to lying to FBI agents in the Russia investigation about his conversations in December 2016 with the Russian ambassador to the U.S.

Ex-Sens. Lott, Breaux Announce Move to Crossroads Strategies
Roll Call – Kate Ackley | Published: 6/15/2020

A week after exiting Squire Patton Boggs, former U.S. Sen. Trent Lott and his longtime K Street colleague, ex-Sen. John Breaux, said they were joining the lobbying shop Crossroads Strategies. Both Lott and Breaux had been at Squire Patton Boggs for the past decade. Lott’s reported ousting from the firm, amid a national reckoning on racism, led some on K Street to speculate it was tied to comments he made that drove him from Senate GOP leadership in 2002. Lott, however, said the split was based on business.

Facebook Removes Trump Ads with Symbol Once Used by Nazis to Designate Political Prisoners
MSN – Isaac Stanley-Becker (Washington Post) | Published: 6/18/2020

In its online salvo against antifa and “far-left mobs,” President Trump’s reelection campaign displayed a marking the Nazis once used to designate political prisoners in concentration camps. A red inverted triangle was first used in the 1930s to identify Communists, and was applied as well to Social Democrats, liberals, and other members of opposition parties. In response to queries from The Washington Post, Facebook deactivated ads that included the inverted red triangle. The symbol appeared in paid posts sponsored by Trump and Vice President Pence, as well as by the “Team Trump” campaign page.

FEC to Take Public Comments on Petition to Close ‘Bloomberg Loophole’
Center for Responsive Politics – Karl Evers-Hillstrom | Published: 6/18/2020

The FEC agreed to take public comments on a petition to close a loophole that allowed former presidential candidate Michael Bloomberg to transfer millions of dollars to the Democratic National Committee (DNC). Bloomberg transferred $18 million from his self-funded campaign to the DNC in March, abusing a rule that allows candidates to funnel unlimited amounts of leftover campaign cash to party committees. Citizens United is seeking to limit the amount of money federal candidates can transfer to a party committee but noted the loophole could be closed in other way.

Judge: Bolton can publish book despite efforts to block
AP News – Eric Tucker | Published: 6/21/2020

A federal judge said former national security adviser John Bolton can move forward in publishing his tell-all book despite efforts by the Trump administration to block the release because of concerns that classified information could be exposed. The decision from U.S. District Court Judge Royce Lamberth is a victory for Bolton in a court case that involved core First Amendment and national security issues, even as the White House pledged to keep pursuing the onetime top aide. Lamberth also made clear his concerns that Bolton had taken it upon himself to publish his memoir without formal clearance from a White House that says it was still reviewing it for classified information.

Justice Dept. Officials Testify on Politicization Under Barr
MSN – Katie Benner, Nichokas Fandos, and Charlie Savage (New York Times) | Published: 6/24/2020

Two U.S. Justice Department officials delivered stinging congressional testimony, accusing political appointees of intervening in criminal and antitrust cases to serve the personal interests of President Trump and Attorney General William Barr. Aaron Zelinsky, a career prosecutor who worked on the Russia investigation, told the House Judiciary Committee that senior law enforcement officials intervened to seek a more lenient prison sentence for Trump’s longtime friend Roger Stone for political reasons. John Elias, a senior career official in the antitrust division, charged that supervisors improperly used their powers to investigate the marijuana industry and a deal between California and four major automakers. Democrats say the hearing is part of a broader investigation into Barr’s leadership of the department.

K Street May Mostly Skip Political Conventions This Year
Roll Call – Kate Ackley | Published: 6/24/2020

Typically, this close to the political conventions, lobbyists would have booked hotel rooms, arranged for event spaces to host receptions, and scored passes to attend high-profile speeches, including those of the party nominees. But that has not happened this year as the influence industry faces fear of the coronavirus and fallout from location and date changes for the events. K Street’s biggest shops are among those with undetermined plans. The virus is not the only thing weighing on corporate lobbying interests. Even before COVID-19 upended Americans’ lives, many corporations, worried about associating their brands overtly in politics, had been assessing whether the large investments would be worth it.

Russia. Ukraine. China. Bolton Account Highlights Pattern of Trump Welcoming Foreign Political Help.
MSN – Rosalind Helderman and Tom Hamburger (Washington Post) | Published: 6/18/2020

John Bolton’s book highlights Trump’s pattern of welcoming foreign political help and a casual comfort with what was once unthinkable in American politics – foreign intervention in U.S. elections. Experts fear Trump’s behavior may embolden nations to try to sway American voters in the 2020 campaign, particularly if foreign leaders conclude that helping lift Trump to a second term would be an effective way to curry favor with the White House. While Trump’s past outreach to foreign powers for political assistance triggered widespread condemnation, he has not suffered serious consequences. Bolton’s new allegations come as experts warn Russia, China, Iran, and other countries have been stepping up their efforts to interfere in U.S. elections.

Sign of the Times: The return of campaign door knockers
Politico – Christopher Cadelago | Published: 6/20/2020

When the pandemic forced a national quarantine, campaigns were confronted with the daunting prospect of permanently sidelining the most reliable method to reach voters: knocking on their doors. But recent days have marked a shift in that thinking as states reopen for business and more Americans venture out in public. President Trump and Republican allies have resumed some level of in-person field operations in every state where they are campaigning. GOP-paid door knockers are now back in nearly every November battleground, party officials said. While Joe Biden’s campaign is not expecting an immediate return to the field, aides are in touch with local health officials and state parties to weigh their comfort level and are making assessments on a weekly basis about when it is safe to resume in-person campaigning.

Trade Groups Make Lobbying Push to Be Included in Small Business Loan Program
The Hill – Alex Gangitano | Published: 6/19/2020

The group that represents trade associations lobbied for professional and advocacy organizations struggling through the coronavirus to be eligible to receive small business loans. The American Society of Association Executives (ASAE) hosted a virtual fly-in to call for changes to the Paycheck Protection Program so 501(c)(6) organizations can receive loans. The groups, which include trade associations, professional societies, and local chambers of commerce, were left out of the program when Congress passed its $2.2 trillion relief bill in March. “As the unemployment rate has skyrocketed, other revenue sources for associations are down as well, including membership dues, and things like advertising, and sponsorships,” said Chris Vest, ASAE director of public policy.

Treasury, SBA Cave to Demands for Bailout Transparency
Politico – Victoria Guida | Published: 6/19/2020

The Treasury Department and Small Business Administration bowed to congressional pressure and said they will disclose information on companies that received loans under the government’s small business rescue program. The names of companies and nonprofits that got loans larger than $150,000 under the Paycheck Protection Program will be released, along with other identifying information. Loan amounts will only be given within a certain range. Treasury Secretary Steven Mnuchin said the move represents an agreement with the bipartisan leaders of the Senate Small Business Committee. Those lawmakers had asked for all borrowers to be identified; the deal will cover nearly 75 percent of the more than $500 billion that has been lent out, though only a minority of the 4.5 million total beneficiaries.

Trump Crony’s Gas Deal Reignites Conflict-of-Interest Concerns
Courthouse News Service – Adam Klasfeld | Published: 6/19/2020

On the campaign trail a year before his election, Donald Trump boasted in a radio interview that his real estate holdings in Istanbul could influence U.S.-Turkish foreign policy as president. “I have a little conflict-of-interest because I have a major, major building in Istanbul, and it’s a tremendously successful job,” Trump disclosed. As a second election cycle looms, Trump’s Turkish business partner on that Istanbul property is homing in on a liquefied natural gas deal that can dramatically boost the U.S.-Turkey energy trade for more than a decade. The man at the center of the gas deal is Mehmet Ali Yalçindag, chairperson of Turkey’s oldest state-sponsored trade group, who brought Trump’s real estate empire into Istanbul in 2012. He is the son-in-law of Aydin Dogan, who owns Trump Towers Istanbul.

Trump Ousts Manhattan U.S. Attorney Who Investigated President’s Associates
MSN – Rosalind Helderman, Ellen Nakashima, Matt Zapotosky, and Seung Min Kim (Washington Post) | Published: 6/20/2020

Attorney General William Barr said President Trump fired the top federal prosecutor in New York, ending an unprecedented standoff between Barr and U.S. Attorney Geoffrey Berman, who had resisted being removed from his post. Barr informed Berman of the president’s move in a sharply worded letter, explaining that Berman’s deputy, Audrey Strauss, will serve as the acting U.S. attorney in Manhattan until the Senate can confirm a permanent replacement. Under Berman, the office managed a number of sensitive investigations involving people close to Trump. The fight between Barr and the nation’s most powerful U.S. attorney deepened alarm among Democrats over Barr’s management of the Justice Department, generating fresh accusations the attorney general is placing the president’s interests above those of the public.

Twitter Labels Trump Video Tweet as Manipulated Media, Continuing Its Crackdown on Misinformation
MSN – Kat Zakrzewski (Washington Post) | Published: 6/18/2020

Twitter took the rare step of appending a warning label to one of President Trump’s tweets after the company determined it violated its policies on manipulated media. The president tweeted a doctored version of a popular video that went viral in 2019, which showed two toddlers, one black and one white, hugging. In the version Trump shared, the video has been edited with ominous music and a fake CNN headline that says, “Terrified toddler runs from racist baby.” The label is the latest flash point in an increasingly contentious debate over tech companies’ responsibility to police falsehoods and hoaxes spread by politicians on their platforms.

Why Obsessive K-Pop Fans Are Turning Toward Political Activism
MSN – Joe Coscarelli (New York Times) | Published: 6/22/2020

Amid a pandemic, a forthcoming presidential election, and inescapable conversations about race, K-pop fans – the typically young and diverse international enthusiasts of Korean pop music who congregate daily on social media – is trying to exert its influence in a new realm: the American political arena. Spurred at first by the ongoing Black Lives Matter protests, K-pop stans made themselves known outside of music circles hen some took credit for helping to inflate expectations for President Trump’s rally in Tulsa by reserving tickets they had no plans to use. But while the Trump campaign denied he prank affected attendance, the call to action in K-pop circles revealed a growing realization that fans’ efficient social-media tactics for fundraising or making a song go viral can also be used for political activism.

Canada

Canada Conservative Senator Victor Oh Faces Censure for Free Trip to China
The Globe and Mail – Robert Fife and Steven Chase | Published: 6/18/2020

The Senate Ethics and Conflict of Interest Committee is recommending Senator Victor Oh be censured for violating the chamber’s conflict-of-interest and ethics code by accepting an all-expenses paid trip to China for himself and two of his colleagues. Senate Ethics Officer Pierre Legault criticized Oh for providing incomplete testimony and withholding information, saying his conduct “raises questions about his integrity.” Censure in Parliament is a form of severe disapproval for the ethical actions of a parliamentarian. The committee did not recommend further sanctions but urged Oh to formally apologize.

Canada Senate Ethics Committee Recommends Rescinding Suspension of Senator Lynn
The Globe and Mail – Kristy Kirkup | Published: 6/22/2020

The Senate should rescind the suspension of Lynn Beyak ordered in February, the standing committee on ethics and conflict-of-interest for senators. The recommendation is the latest development in a drawn-out controversy for the Ontario senator who posted letters to her website the committee found contained racist content. In February, the Senate voted to suspend Beyak for a second time after it approved a previous ethics committee report on her conduct. The report recommended she be suspended without pay for the duration of the parliamentary session, apologize, and participate in educational programs.

From the States and Municipalities

Arizona Arizona House Ethics Chair Weighs Holding Hearings into Claims Against Lawmaker
Arizona Daily Star – Howard Fischer (Capitol Media Services) | Published: 6/22/2020

The House Ethics Committee chairperson is weighing whether to hold hearings into its investigation of Arizona Rep. David Cook, Rep. John Allen said he is still reviewing the evidence presented by outside investigators as well as the response submitted by Cook’s attorneys. That response demanded a full hearing to be “given the right to the fundamental protections every citizen of our country would reasonably expect to have.” Allen said there are issues to be resolved about how to handle the two basic complaints against Cook, one involving allegations of an affair with a lobbyist and the other about efforts to intervene on the lobbyist’s behalf to halt the tax sale of property.

Arizona Scottsdale Rejects Ban on Anonymous Donations, Including GoFundMe Campaigns, to Council Members
Arizona Republic – Lorraine Lonhi | Published: 6/22/2020

What began as an effort to tweak Scottsdale’s gift policy grew complicated as some residents and council members saw an opportunity to push for campaign finance reform. A growing chorus of residents in recent years have raised concerns about developers and others who do business with the city donating to council members election campaigns. When the city proposed amending its ethics policy pertaining to gifts that might be offered to elected officials of a non-campaign nature, many advocated to extend the rules to campaign donations.

California After Court-Ordered Recount, Controversial San Jose Ballot Measure Falls Short
San Jose Mercury News – Maggie Angst | Published: 6/22/2020

Following a court-ordered recount, a controversial ballot measure to shift the San Jose’s mayoral race to presidential election years and limit campaign contributions failed to garner the required number of signatures to qualify for the November election. The Fair Elections Initiative called for aligning mayoral elections with presidential years to boost voter turnout, particularly among people of color, and placing a cap on certain political donations, including those from any person or entity that has received city contracts of at least $250,000.

California Former East Bay Elections Chief Charged with 34 Felony Counts Related to Illegal Campaign Spending
San Jose Mercury News – Annie Sciacca | Published: 6/17/2020

Joe Canciamilla, the former Contra Costa County elections chief, was charged with 34 felony crimes for illegally spending campaign funds for several years. He was charged with perjury involving campaign disclosure statements and grand theft of campaign funds spent on a vacation in Asia, airfare, restaurants, and other personal expenses. The charges stem from conduct starting in 2010, when Canciamilla failed to report investment gains in a campaign bank account. Though the gains were legal, using the proceeds for personal use is prohibited, said Deputy District Attorney Steve Bolen, adding that Canciamilla covered up the gains and losses from the investment account.

California L.A. County Has Found the Cause of Its Hourslong Poll Lines. It Wasn’t the New Voting Machines.
Politico – Kim Zetter | Published: 6/17/2020

The long wait times that snarled the March 3 primary in Los Angeles County stemmed from malfunctions in the electronic tablets used to check in voters at the polls, according to an county report that adds to questions about the nation’s readiness for November. The report concludes these devices, known as electronic poll books, and not the county’s new $300 million voting machines were the source of those delays. Although the voting machines also had problems, the report faults inadequate planning, testing, and programming of the poll books that workers used to check in voters and verify they are registered, technology that has also been implicated in the recent Georgia primary.

California LA Councilman Jose Huizar Arrested in Pay-to-Play Scheme
Los Angeles Daily News – Elizabeth Chou | Published: 6/23/2020

Los Angeles City Councilperson Jose Huizar was arrested in an investigation into corruption at City Hall. Federal prosecutors have been probing allegations that real estate developers were shaken down for cash bribes and campaign donations in exchange for Huizar’s help getting high-rise development projects through the city’s approval process. Huizar and his associates are accused of enjoying free plane travel, lavish meals, poker chips, and other perks offered by developers. In plea deals struck with the government, a former aide to the council member, one of his political fundraisers, and a real estate consultant agreed to cooperate with the investigation into Huizar and others in City Hall.

Colorado Campaign Contribution Not a Reason to Disqualify Judge from Case, Court of Appeals Rules
Colorado Politics – Michael Kralick | Published: 6/18/2020

A prominent attorney donated more than $200,000 against an Adams County judge’s retention election. But that did not mean the judge should have recused himself from a case involving the firm’s lawyers, the Colorado Court of Appeals ruled. At trial, Lyubov Bocian attempted to disqualify Adams County District Court Judge Edward Moss from her case, alleging he was biased against her attorneys at Franklin D. Azar and Associates. The Colorado Rules of Civil Procedure require a judicial substitution if there is a reasonable inference of a judge’s partiality toward either of the litigants or opposing counsel. The appellate court did not find Moss exhibited any hostility or prejudice toward the Azar firm based on his actions, nor did the panel determine Moss harbored ill will because Azar himself made a $224,000 campaign contribution against Moss’s retention election in 2018.

Florida FBI Investigating Mayor Milissa Holland, Palm Coast Ex-Officials Say
Daytona Beach News-Journal – Matt Bruce and Erica Von Braun | Published: 6/22/2020

Two former city employees say FBI agents have interviewed them regarding Palm Coast Mayor Milissa Holland’s connection to Coastal Guard. The company has a unique arrangement with the city to provide some digital services. It is also Holland’s daytime employer. Michael Schottey, the city’s former communications director and now a candidate for mayor, read emails during a virtual press conference that he said show Holland used her position as mayor to solicit business for Coastal Cloud with the city of Orlando.

Florida ‘Suspicious’ Car Rental, Other Payments by Mayor’s Campaign Not Criminal, Probe Finds
Miami Herald – Aaron Leibowitz | Published: 6/22/2020

The Miami-Dade State Attorney’s Office investigated payments related to the 2016 mayoral campaign of Miami Gardens Mayor Oliver Gilbert, finding a “suspicious” car rental and some “haphazard” accounting but insufficient evidence to prove any criminal activity. The investigation delved into whether Gilbert’s rental of an Infiniti QX80 constituted an unreported campaign expenditure; whether he instructed the Miami Gardens city clerk to falsify the date on an amended campaign treasurer’s report; and whether Gilbert directed his campaign to make improper payments to a for-profit company and to incorrectly label those payments as donations to a nonprofit.

Georgia Ethics Commission Fines Group That Backed Stacey Abrams $50,000
WAGA – Dale Russell | Published: 6/19/2020

A group backing Stacey Abrams’ 2018 gubernatorial campaign was fined $50,000 by Georgia’s ethics commission for failing to report the money it raised and spent to help her get elected.  The independent committee, Gente4Abrams (People for Abrams), was set up out of state and raised and spent hundreds of thousands of dollars on the campaign without ever registering with the commission or disclosing how much it raised.

Georgia House Republican Leaders Condemn GOP Candidate Who Made Racist Videos
Politico – Ally Mutnick ans Stephanie Zanona | Published: 6/17/2020

The House’s highest-ranking Republicans are racing to distance themselves from a leading GOP congressional candidate in Georgia after Facebook videos were uncovered in which she expresses racist, Islamophobic, and anti-Semitic views. The candidate, Marjorie Taylor Greene, suggested Muslims do not belong in government; thinks black people “are held slaves to the Democratic Party”; called George Soros, a Jewish Democratic donor, a Nazi; and said she would feel “proud” to see a Confederate monument if she were black because it symbolizes progress made since the Civil War. Greene is entering an August runoff as the favorite to secure the Republican nomination for a district where that is tantamount to winning the general election in November.

Illinois Rules Requiring Nonprofits to Register as Lobbyists Delayed Until 2021
WTTW – Heather Cherone | Published: 6/18/2020

Rules requiring nonprofit organizations to register as lobbyists in Chicago were set to go into effect on January 1, 2020 but were initially delayed until April after dozens of nonprofit groups objected, saying the regulations would force them to pay costly registration fees or risk $1,000 fines. The Board of Ethics attempted to clarify the new rules, issuing three advisory opinions that exempted grassroots groups or residents who press city officials on issues they are concerned about. But that effort was still underway when the coronavirus pandemic forced City Hall to shut down, and the delay was extended until July, and will now last through the end of 2020.

Maryland Former Baltimore Mayor Catherine Pugh Pleads Guilty in State Court to Perjury in ‘Healthy Holly’ Scandal
Baltimore Sun – Tim Prudente | Published: 6/19/2020

A judge sentenced former Baltimore Mayor Catherine Pugh to six months in prison for deliberately lying on financial disclosures forms to hide her lucrative “Healthy Holly” children’s book business. Under terms of Pugh’s plea deal, her time will be served concurrent with a separate, pending three-year prison sentence. Pugh pleaded guilty to one misdemeanor count of perjury, admitting she withheld hundreds of thousands of dollars from the disclosure forms she filed during her years as a state senator.

Missouri Missouri Attorney General Candidate Files Ethics Complaint Against Former Governor Greitens
KDSK – PJ Randhawa and Erin Richey | Published: 6/20/2020

Former Missouri Governor Eric Greitens filed paperwork to run for an unspecified statewide office in 2024. Elad Gross, a candidate for state attorney general, is asking the Missouri Ethics Commission to decide if Greitens should be able to do that even though he has not publicly announced any interest in running for office again. Experts say it is part of a trend of campaign committees avoiding the state law that requires them to close their accounts and distribute the leftover money as refunds or donations if they will not be running for office again.

Missouri Missouri Politicians Get Around Contribution Limits by Using PACs
Columbia Missourian – Jordan Meier, Mawa Iqbal, and Spencer Norris | Published: 6/23/2020

In Missouri, contributions for state elections have been in place off and on since 1994, when voters approved a ballot measure. The limits withstood several court tests, but the Legislature repealed them twice. State voters reinstated them in 2016 and approved slightly lower caps in 2018, through passage of Clean Missouri. Even with limits in place, candidates have found creative ways to receive large donations. PACs have no restraints on the amount they can receive in donations, which makes them an ideal way to collect large checks from millionaires and special interests such as casinos, labor unions, and tobacco companies.

New Jersey N.J. Corruption Scheme Involving Pay-to-Play Contracts Leads to Charges Against Law Firm Partner
Newark Star Ledger – Ted Sherman (NJ Advance Media) | Published: 6/19/2020

Attorney Elizabeth Valandingham was charged with lying about alleged “pay-to-play” violations in New Jersey. Valandingham, was accused of falsely claiming her law firm had not made any reportable political contributions to candidates in two towns where the firm had been vying for contracts to provide legal services, when in fact it had. While the charges against Valandingham arose from a corruption investigation in which five New Jersey political figures are accused of accepting a total of $74,900 in bribes in the form of campaign donations, they are not directly related to the bribery allegations.

New York JCOPE Commissioners Mull Filing Criminal Complaint Over Alleged Leak
Albany Times Union – Brendan Lyons | Published: 6/22/2020

Members of the New York Joint Commission on Public Ethics (JCOPE) are contemplating whether a criminal complaint should be filed in connection with a leak investigation last year by the state inspector general’s office that failed to confirm allegations Gov. Andrew Cuomo received details of JCOPE’s confidential vote on a matter involving a former top aide to the governor. The apparent leak, which would be a criminal offense, surfaced when Assembly Speaker Carl Heastie’s top counsel, Howard Vargas, called Commissioner Julie Garcia and told her that Cuomo had complained to the speaker about how his appointees to the commission had voted on the matter.

Pennsylvania Top Pa. GOP Lawmaker Fast-Tracking a Lucrative Gambling Expansion That Would Benefit a Major Campaign Donor
Philadelphia Inquirer – Angela Couloumbis (Spotlight PA), Brad Bumsted (The Caucus), and Sam Jenesh (The Caucus) | Published: 6/19/2020

The top lobbyist for a gaming company seeking a lucrative gambling expansion in Pennsylvania helped host a fundraiser in Las Vegas for the leading Republican in the state Senate, Joe Scarnati. Several months later, executives from the gaming company, Golden Entertainment, poured thousands of dollars into a campaign committee controlled by Scarnati and close associates. Now, Scarnati and other top Republicans are working to secure votes for a bill that would help Golden and others like it cash in on the next frontier of expanded gambling, potentially worth millions of dollars: video-gaming terminals, known better as VGTs.

South Carolina Conflict of interest? Councilman with Ties to Richland Mega Church Pushed Road Project
The State – Andrew Kaplan | Published: 6/18/2020

Richland County Council member Chip Jackson voted nine times for improvements to Atlas Road in the county during the last three years, even though he worked for a church and its nonprofit arm that would benefit from the work. The popularity of the megachurch, Bible Way Church of Atlas Road, and its plans to sell surrounding property to developers, were part of the reason the road was originally slated for $17 million in improvements, according to the county’s transportation director. The money was to come from the county’s sales-tax program that voters approved. Jackson’s dual roles as a council member and consultant for the church is a potential ethics violation, according to experts.

Utah Utah Gave Group $400,000 to Sue the Feds on Public Lands Issues. It Never Did. What Happened?
Salt Lake Tribune – Brian Maffley | Published: 6/23/2020

In 2016, the Utah Legislature opened up its wallet to a nonprofit called the Foundation for Integrated Resource Management (FIRM), one of several groups that have received millions of dollars in recent years to push greater local and state control over Utah’s large expanses of federal land and imperiled wildlife. But FIRM’s taxpayer-supported charge was specific: file lawsuits against the federal government on behalf of Utah counties. The goal was to reverse restrictive land-use policies to promote “integrated” use of natural resources. Four years and $400,000 later, FIRM has yet to pursue a single legal action, according to ethics complaints filed with the IRS, the Utah Division of Consumer Protection, and state auditor.

Vermont Candidate Incomes Outpace Average Vermonter; Advocates Seek More Disclosure
VTDigger.org – Jasper Goodman and Kit Norton | Published: 6/22/2020

Most of the top candidates seeking statewide office reported substantially higher incomes than the average Vermonter. There is no tax return requirement for individuals seeking seats in the state Legislature. Those candidates only need to fill out a brief financial disclosure form which requires reporting any source of income of $5,000 or more. But the statute requiring candidates to file the forms includes no enforcement mechanism for non-compliance. Larry Novins, executive director of the Vermont Ethics Commission, said the agency has “no ability to do anything about” candidates who do not file the forms because it has “no authority” over them. The commission can review ethics complaints but has no investigative or enforcement power.

October 20, 2020 •

Tuesday’s LobbyComply News Roundup

Campaign Finance Illinois: “Illinois Dems Slam GOP Candidate for Taking Donations from Red-Light Camera Biz – but Madigan’s Ties to Industry Run Deep” by Robert Herguth for Chicago Sun-Times Elections California: “Loops, Slants and Crossed ‘T’s’: How election workers verify […]

Campaign Finance

Illinois: “Illinois Dems Slam GOP Candidate for Taking Donations from Red-Light Camera Biz – but Madigan’s Ties to Industry Run Deep” by Robert Herguth for Chicago Sun-Times

Elections

California: “Loops, Slants and Crossed ‘T’s’: How election workers verify voter signatures” by John Wilkens for San Diego Union Tribune

Michigan: “Michigan Appeals Court Reinstates Election Day Mail-In Ballot Deadline as Early Voting Surge Continues” by Elise Viebeck, John Glionna, and Douglas Moser for Washington Post

Ethics

National: “Full Federal Appeals Court in D.C. to Weigh House Subpoena to Ex-White House Counsel Donald McGahn” by Spencer Hsu for Washington Post

National: “Supreme Court Tees Up Census Case Over Whether Trump Can Exclude Undocumented Immigrants” by Steven Shepard for Politico

National: “On the Job and On the Stump, Cabinet Officials Flout Hatch Act” by Stephen Lee, Megan Boyanton, Andrew Kreigbaum, Shaun Courtney, and Alex Ruoff for Bloomberg Law

Kansas: “Wichita Man Arrested for Allegedly Threatening to Kidnap and Kill Mayor Over City’s Mask Mandate, Police Say” by Timothy Bella for Washington Post

New Mexico: “NM Investment Scandal Winds Down” by Mike Gallagher for Albuquerque Journal

Ohio: “Indicted Lobbyist Caims Jay Edwards Is ‘Representative 8’ in HB6 Affidavit, Report Says” by Ben Peters for Athens News

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October 19, 2020 •

Minnesota Legislature’s Fifth Special Session Ends

Gov Tim Walz with Ly Gov Peggy Flanagan

Gov Tim Walz, with Lt Gov Peggy Flanagan - by Lorie Shaull

Lawmakers adjourned the fifth special session of the Legislature on October 15 after passing four bills. This included the bonding bill, which requires a three-fifths supermajority in each house to pass. Gov. Tim Walz called the session to extend the […]

Lawmakers adjourned the fifth special session of the Legislature on October 15 after passing four bills.

This included the bonding bill, which requires a three-fifths supermajority in each house to pass.

Gov. Tim Walz called the session to extend the COVID-19 peacetime emergency by 30 days.

Walz is obligated by law to call a special session for lawmakers to approve the emergency declaration.

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October 19, 2020 •

Monday’s LobbyComply News Roundup

Campaign Finance Oregon: “Oregon Public Employee Unions, Interest Groups Launch Neutral-Looking Election Website to Sway Voters” by Hillary Borrud for Portland Oregonian Elections Florida: “Florida Acts to Remove Felons from Voter Rolls as Election Looms” by Gary Fineout for Politico […]

Campaign Finance

Oregon: “Oregon Public Employee Unions, Interest Groups Launch Neutral-Looking Election Website to Sway Voters” by Hillary Borrud for Portland Oregonian

Elections

Florida: “Florida Acts to Remove Felons from Voter Rolls as Election Looms” by Gary Fineout for Politico

Ethics

National: “Twitter Changes Policy That Blocked a New York Post Story About Biden’s Son” by Elizabeth Dwoskin for Washington Post

National: “White House Was Warned Giuliani Was Target of Russian Intelligence Operation to Feed Misinformation to Trump” by Shane Harris, Ellen Nakashima, Greg Miller, and Josh Dawsey (Washington Post) for MSN

Illinois: “Cook County Commissioner Is Part Owner of and Worked for a Cannabis License Applicant, Which Critics Say She Should Have Disclosed Sooner” by Robert McCoppin for Chicago Tribune

Kentucky: “Ethics Problems in Kentucky County Government? Many Have No Ethics Boards to Look.” by Bill Estep (Lexington Herald-Leader) for MSN

Maryland: “Maryland Lawmakers Issue Subpoena to Hogan’s Former Chief of Staff Over Six-Figure Payout” by Pamela Wood for Baltimore Sun

Lobbying

National: “Lobbyists Face Challenges Meeting Newly Elected Lawmakers in November” by Alex Gangitano for The Hill

Canada: “Supreme Court Declines to Hear Appeal in Aga Khan Lobbying Case” by Jim Bronskill (Canadian Press) for CTV

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October 16, 2020 •

Yukon Lobbyist Registry Accepting Registrations

Yukon Legislature

Yukon Legislature

On October 15, the Canadian territory of Yukon’s new and first lobbying law came into force with the online Yukon Lobbyist Registry becoming live. Bill No. 23, the Lobbyists Registration Act, received Royal Assent on November 22, 2018, but only […]

On October 15, the Canadian territory of Yukon’s new and first lobbying law came into force with the online Yukon Lobbyist Registry becoming live. Bill No. 23, the Lobbyists Registration Act, received Royal Assent on November 22, 2018, but only came into effect this year.

Consultant lobbyists and in-house lobbyists are required to register. Registration is required for individuals communicating with a public office holder, directly or through grassroots communications, in attempts to lobby. Additionally, a consultant lobbyist is required to register when arranging a meeting between a public office holder and any other person for the purposes covered by the Act.

There are two revolving door provisions in the Act. For the six-month period after ceasing to be in office, a former public office-holder is prohibited from lobbying as a consultant lobbyist, but he or she is not prohibited from immediately lobbying as an in-house lobbyist. Additionally, a consultant lobbyist is prohibited from becoming an employee of Yukon’s public service for six months after terminating her or her lobbyist registration. Penalties for violations of the Lobbyists Registration Act include fines up to $25,000 for the first violation and up to $100,000 for each subsequent violation.

As of October 16, the lobbyist registry does not have any registered lobbyists.

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October 16, 2020 •

News You Can Use Digest – October 16, 2020

News You Can Use

National/Federal As U.S. Politics Heats Up, Companies Seek to Avoid Controversy Reuters – Jessica DiNapoli | Published: 10/13/2020 A record number of U.S. companies are either banning political spending or making sure they disclose it, as they seek to steer clear […]

National/Federal

As U.S. Politics Heats Up, Companies Seek to Avoid Controversy
Reuters – Jessica DiNapoli | Published: 10/13/2020

A record number of U.S. companies are either banning political spending or making sure they disclose it, as they seek to steer clear of controversy ahead of the November 3 election, a new study found. While many American corporations donate to candidates and campaigns, some do not disclose it. This can put them in the crosshairs of customers and suppliers who can accuse them of a lack of transparency. The Center for Political Accountability found 332 companies in the S&P 500 prohibited some kind of political spending, like funding political committees, or disclosed some or all of their election-related spending in 2020, up roughly nine percent from 2016.

As Virus Spread, Reports of Trump Administration’s Private Briefings Fueled Sell-Off
New York Times – Kate Kelly and Mark Mazzetti | Published: 10/14/2020

On the day President Trump declared the coronavirus was “very much under control,” senior members of the president’s economic team, privately addressing board members of the Hoover Institution, were less confident. Tomas Philipson, an economic adviser to the president, told the group he could not yet estimate the effects of the virus on the American economy. To some in the group, the implication was that an outbreak could prove worse than administration advisers were signaling in public. A hedge fund consultant’s assessment of the meeting spread through parts of the investment world and traders spotted the immediate significance: the president’s aides appeared to be giving wealthy party donors an early warning of a potentially impactful contagion at a time when Trump was publicly insisting the threat was nonexistent.

Court Tells FEC to Take Action on Complaint Against Dark Money Group Tied to Joni Ernst
The Gazete – James Lynch | Published: 10/14/2020

A U.S. District Court judge entered a default judgment against the FEC, ordering it to act on a complaint involving a so-called dark money group tied to U.S. Sen. Joni Ernst’s campaign. The complaint was brought by the Campaign Legal Center, which told the court the FEC had failed to take action on its complaint that Ernst’s campaign had illegally coordinated with Iowa Values, a political nonprofit backing the senator. Candidates and outside groups are prohibited from coordinating their political activities. The FEC generally has not enforced coordination rules, allowing for the proliferation of super PACs and nonprofit groups tied to party leaders and individual candidates, according to the Center for Responsive Politics.

Facebook to Temporarily Halt Political Ads in U.S. After Polls Close Nov. 3, Broadening Earlier Restrictions
Washington Post – Elizabeth Dwoskin | Published: 10/7/2020

Facebook said it plans to temporarily suspend all political and issue-based advertising after polls close November 3, a move the company said was intended to limit confusion, misinformation, and abuse of its services in the days after the presidential election. Facebook also said it would remove calls for people to watch the polls when those posts use militaristic or intimidating language. Executives said the policy applies to anyone, including President Trump and other officials. Trump has made calls for people to engage in poll-watching, and Donald Trump Jr. appeared in an ad urging people to “defend your ballot” and join an “army” to protect the polls.

Fake Twitter Accounts Posing as Black Trump Supporters Appear, Reach Thousands, Then Vanish
Washington Post – Craig Timberg and Isaac Stanley-Becker | Published: 10/13/2020

An account featuring the image of a Black police officer, President Trump, and the words “VOTE REPUBLICAN” had a brief but spectacular run on Twitter. In six days after it became active, it tweeted just eight times but garnered 24,000 followers, with its most popular tweet being liked 75,000 times. Then, on days later, the account was suspended by Twitter for breaking its rules against platform manipulation. The reach of @CopJrCliff and other fake accounts from supposed Black Trump supporters highlights how an account can be effective at pushing misleading narratives in just a few days – faster than Twitter can take it down.

Longtime GOP Fundraiser Elliott Broidy Charged with Acting as a Foreign Agent, Is Likely to Plead Guilty
Seattle Times – Matt Zapotosky (Washington Post) | Published: 10/8/2020

Republican fundraiser Elliott Broidy was charged in a criminal information with conspiring to act as a foreign agent as he lobbied the Trump administration on behalf of Malaysian and Chinese interests, an indication he is likely to soon plead guilty in the case to resolve the allegations against him. Prosecutors outlined how they believe he took millions of dollars in undisclosed money to end a U.S. investigation into Malaysian corruption and, separately, to return outspoken Chinese exile Guo Wengui to his home country. Prosecutors said Broidy and others orchestrated “back-channel, unregistered campaigns” to influence the administration, though their efforts were ultimately unsuccessful.

New Justice Dept. Election Fraud Guidance Could Allow Boosting of Trump’s Exaggerated Claims, Legal Observers Say
MSN – Matt Zapotosky (Washington Post) | Published: 10/7/2020

The Justice Department issued guidance giving federal prosecutors more leeway to take public action on suspected election fraud before ballots are in, a move some legal analysts worry could foreshadow an effort to bolster President Trump’s exaggerated claims of fraud via mail-in voting. The guidance detailed what it called an “exception to the general non-interference with elections policy,” which discourages prosecutors from taking overt steps in fraud investigations until all ballots are counted and certified. Critics say Trump and Attorney General William Barr seem to be working in concert to undermine public confidence in the election result, and the newly issued guidance could aid in that effort – allowing prosecutors to publicize cases of suspected fraud they previously would have been barred from discussing.

NYT: Vegas connections helped Trump engineer $21M windfall during 2016 race
The Hill – Naomi Jagoda | Published: 10/9/2020

Donald Trump’s tax records reveal he engineered a windfall of more than $21 million during his 2016 presidential run, The New York Times reported. A hotel Trump owns with casino mogul Phil Ruffin in Las Vegas made payments to several companies Trump controlled, and that money then flowed to the president himself. The hotel wrote off the payments as a business expense, The Times said. The newspaper reported that the payments came at a time when Trump’s 2016 presidential campaign needed funds and many of his businesses were losing money. The tax records do not indicate whether the payments helped Trump’s campaign, his businesses, or both, the newspaper said.

Sonny Perdue Faces Ethics Questions Over His Business Holdings
Politico – Ryan McCrimmon | Published: 10/15/2020

Agriculture Secretary Sonny Perdue pledged in 2017 to separate himself from his multimillion-dollar business holdings that could pose conflicts-of-interest in his public duties. But last year, he disclosed he had become trustee of a newly formed fund that includes many of the same assets as his original family trust. Watchdog organizations are now calling for the Agriculture Department’s inspector general to investigate whether Perdue has run afoul of the ethics agreement he signed as a nominee for the job early in the Trump administration. The commitments entailed moving his holdings into a new trust and agreeing not to serve as a trustee or beneficiary of the fund.

Supreme Court Halts Census in Latest Twist of 2020 Count
Associated Press News – Mike Schneider | Published: 10/14/2020

The U.S. Supreme Court ruled the Trump administration can end census field operations early, in a blow to efforts to make sure minorities and hard-to-enumerate communities are properly counted in the crucial once-a-decade tally. Plaintiffs in a lawsuit managed to get nearly two extra weeks of counting people as the case made its way through the courts. But the ruling increased the chances of the administration retaining control of the process that decides how many congressional seats each state gets, and by extension how much voting power each state has.

Supreme Court Won’t Revive Congressional Emoluments Case Against Trump
Washington Post – Robert Barnes and Ann Marimow | Published: 10/13/2020

The U.S. Supreme Court refused to revive an attempt by Democratic members of Congress to sue President Trump over his private businesses accepting payments from foreign governments. Without comment, the justices let stand a decision by a panel of the U.S. Court of Appeals for the District of Columbia Circuit to dismiss the lawsuit filed by 215 members of Congress. Their novel lawsuit sought to enforce the Constitution’s anti-corruption emoluments provision. A unanimous panel of the appeals court said the individual members did not have legal standing to take the president to court.

The Mystery of a GOP Congressman’s Seemingly Rent-Free Campaign Office
Politico – Daniel Newhauser | Published: 10/9/2020

For at least seven years, U.S. Rep. Jim Hagedorn appears to have enjoyed rent-free use of a campaign office supplied by a political donor, which would be a clear violation of federal election law that comes amid mounting scrutiny of his finances. In dozens of filings with the FEC, Hagedorn has listed a basement suite in a downtown Mankato, Minnesota, building as his campaign’s headquarters. But election spending records show Hagedorn has reported no payments for the use of that space over the course of the past four elections he has run to represent Minnesota’s First Congressional District, including his current race. Ethics experts expressed skepticism with Hagedorn’s actions.

Trump Taps U.S. Marine Band for White House Event and Raises Questions About Employing the Military for Political Purposes
Washington Post – Paul Sonne | Published: 10/11/2020

When President Trump, recovering from COVID-19, welcomed hundreds of people to what resembled a campaign rally on the White House grounds, the guests filed onto the South Lawn past a military band in resplendent red, its horns blasting the tune “America” from “West Side Story.” The use of the United States Marine Band for a de facto political rally marked another instance of the president pushing the boundaries of U.S. law and the military tradition of political neutrality. Federal regulations bar the use of government resources for, and the coercion of federal employees into, political activities aimed at a candidate’s reelection, and taxpayer-funded military bands cannot be used for campaign events.

Trump’s Children Brought Secret Service Money to the Family Business with Their Visits, Records Show
MSN – David Fahrenthold, Joshua Partlow, and Carol Leonnig (Washington Post) | Published: 10/12/2020

President Trump’s adult children and their families have caused the U.S. government to spend at least $238,000 at Trump properties so far, according to Secret Service records. Government ethics experts say nothing is wrong with Trump’s children seeking protection from the Secret Service. But, they said, the Trump Organization’s decision to charge for the agents’ rooms created a situation in which, just by traveling, Trump’s children could bring taxpayer money to their family’s business. That, ethics experts said, could create the appearance that Trump family members were exploiting their publicly funded protection for private financial gain.

‘Unmasking’ Probe Commissioned by Barr Concludes Without Charges or Any Public Report
MSN – Matt Zapotosky and Shane Harris (Washington Post) | Published: 10/13/2020

The federal prosecutor appointed by Attorney General William Barr to review whether Obama-era officials improperly requested the identities of individuals whose names were redacted in intelligence documents has completed his work without finding any substantive wrongdoing. The Justice Department has so far declined to release the results of U.S. Attorney John Bash’s work, though people familiar with his findings say they would likely disappoint conservatives who have tried to paint the “unmasking” of names, a common practice in government to help understand classified documents, as a political conspiracy.

With Election Day Looming, Twitter Imposes New Limits on U.S. Politicians – and Ordinary Users, Too
Seattle Times – Elizabeth Dwoskin and Craig Timberg (Washington Post) | Published: 10/9/2020

Twitter will impose new warnings on politicians’ lies, restrict premature declarations of victory, and block calls for polling violence or other disruptions, the company announced as it rolled out wide-ranging changes designed to harden the platform against abuse related to the U.S. election on November 3. The moves also will temporarily alter the look and feel of Twitter. Retweeting others, for example, will require an extra step designed to encourage users to add their own thoughts before posting. Recommendations and trends will get new curbs intended to prevent abuse. The policy changes are the culmination of years of revisions intended to prevent a repeat of 2016’s electoral debacle on social media, when disinformation, false news reports, and Russian interference rampaged virtually unchecked across all major platforms.

From the States and Municipalities

Alaska Alaska Absentee Witness Requirements Scrapped for Election
Associated Press News – Becky Bohrer | Published: 10/13/2020

The Alaska Supreme Court affirmed a lower court ruling eliminating witness requirements for absentee ballots for the general election. Superior Court Judge Dani Crosby had ruled enforcement of the witness requirements during the coronavirus pandemic “impermissibly burdens the right to vote.” She waited to put the order into effect, to allow the Supreme Court to weigh in. The case was brought by the Arctic Village Council, League of Women Voters of Alaska, and two individuals. Their attorneys have argued the witness requirement is unconstitutional during the pandemic and a bar to voting for those who do not live with someone who is at least 18 and able to serve as a witness.

California Arcadia Subsidiary of Chinese Company to Pay $1 Million Fine in LA City Hall Bribery Scandal
Los Angeles Daily Breeze – City News Service | Published: 10/7/2020

The subsidiary of a China-based real estate company agreed to pay $1.05 million to resolve a probe into its involvement in the Los Angeles City Hall corruption scandal. Jia Yuan USA Co. will pay the penalty and continue cooperating with the federal government in its probe of city Councilperson Jose Huizar and other figures. A Jia Yuan employee provided Huizar with Katy Perry concert tickets after he and former Deputy Mayor Ray Chan helped resolve an issue involving compliance with the Americans With Disabilities Act. Jia Yuan also admitted providing in-kind campaign contributions to several U.S. political candidates by hosting reduced-cost fundraising events. Some of those events took place at the direction of a foreign national barred from participating in American elections, investigators said.

California California Officials Say GOP’s Ballot Boxes Are Illegal. Republicans May Expand the Practice
Los Angeles Times – Stephanie Lai and Sarah Parvini | Published: 10/13/2020

In recent weeks, gray metal containers labeled as ballot drop boxes have been placed at various locations – including gun shops, shooting ranges, churches, and Republican Party offices – in several California counties. State GOP officials acknowledged responsibility for the boxes and have rejected allegations of wrongdoing, in defiance of what the state’s top election official and attorney general say is an illegal practice. At the center of the battle are questions of whether it is legal to collect ballots through third party boxes and what constitutes an “official” ballot drop box.

California Ex-Director of Coliseum Authority Takes Plea Deal in Stadium Naming Rights Case; Avoids Jail Time
San Jose Mercury News – David Debolt | Published: 10/13/2020

Former Oakland-Alameda County Coliseum Authority Executive Director Scott McKibben, who was criminally charged with violating state law by seeking payment from RingCentral for negotiating a stadium naming rights contract, took a plea deal and by doing so avoided trial and possible jail time. Prosecutors alleged McKibben violated the law because he sought a $50,000 payment from RingCentral as part of a $3 million deal to rename the ballpark “RingCentral Coliseum.” The law prohibits public officials from having a financial interest in contracts made by them in their official capacity. McKibben will serve three years’ probation and take an ethics course. Judge Kevin Murphy will decide how much McKibben should pay the stadium authority.

Colorado Colorado Voters to Decide Whether to Pull Out of National Popular Vote Effort
Denver Post – John Aguilar | Published: 10/11/2020

State lawmakers decided last year that Colorado should join 14 other state and Washington, D.C. in the National Popular Vote Interstate Compact, which pledges their Electoral College votes to the presidential candidate who gets the most raw votes nationwide. On November 3, Coloradans will get the chance to affirm or reject that decision when they vote on Proposition 113, which was put on the ballot by opponents of the movement. A “yes” vote keeps the state in the compact, while a “no” vote maintains the system Colorado has used for decades to choose a president, in which the candidate with the most statewide support gets its nine Electoral College votes.

Florida Federal Judge Denies Request to Extend Florida Voter Registration Deadline
Tampa Bay Times – Allison Ross | Published: 10/9/2020

A federal judge rejected calls by several voting rights groups that Florida should further extend its voter registration deadline following repeated outages to the state’s online on the last day people could sign up to vote in the November 3 election. U.S. District Court Judge Mark Walker said “Florida’s interest in preventing chaos in its already precarious and perennially chaotic election” outweighed the concern of potentially thousands of Floridians being unable to cast ballots in the general election. The state had argued reopening the voter registration deadline could mean Floridians who registered during that later time may have to cast provisional ballots if counties cannot update their voter rolls in time, and extending the deadline could cause voter confusion and other issues.

Florida Prominent Lobbyist Didn’t Disclose Calls to Orlando Airport Board Members, Violating Policy
Orlando Sentinel – Jason Garcia | Published: 10/14/2020

Under the Greater Orlando Aviation Authority’s policies, lobbyists are supposed to publicly disclose meetings with board members within seven days. But Christina Daly Brodeur, a lobbyist at Ballard Partners, did not reveal she called four members of the board that runs Orlando International Airport on behalf of a client until nearly three months later, after The Orlando Sentinel requested records related to the firm’s work at the airport. Authority leaders, however, say they do not plan to act. “… She self-reported and became compliant and … there’s nothing further we can do,” said Dan Gerber, the authority’s general counsel. Some government-transparency advocates criticized the lack of consequences.

Georgia Common Cause Calls for Investigation of Georgia Ethics Commission’s Conflict of Interest Policies
WAGA – Dale Russell | Published: 10/9/2020

A good government group is calling on Georgia’s ethics commission to investigate its own policies regarding how commission members handle potential conflicts-of-interest. The rules for deciding when a member should recuse themselves are confusing. Commission Chairperson Jake Evans says a commission policy gives him the authority to order a member to recuse themselves. But he follows a state attorney general’s opinion from 1989 to let members decide for themselves whether they have a conflict.

Hawaii Ballot Questions Could Bolster Ethics Watchdog’s Staffing and Spending
Honolulu Civil Beat – Chad Blair | Published: 10/11/2020

The Honolulu Ethics Commission could enjoy greater autonomy over its budget should voters grant them that ability in November. Voters are also being asked whether the commission should also be granted more flexibility to hire and retain staff. Commission Chairperson Victoria Marks said passage of the charter amendments would give the agency greater flexibility to describe positions, and hire and retain the specialized staff that she said it needs “to grow and strengthen the city’s ethics and lobbyist programs.” Marks said the amendments would provide the commission “with budget flexibility and greater autonomy” from the city administration.

Illinois Aldermen Reject Lightfoot’s Proposal to Ease Ban on Lobbying by Elected Officials
WTTW – Heather Cherone | Published: 10/13/2020

Aldermen rejected Mayor Lori Lightfoot’s ordinance that would have rolled back part of tougher City Hall lobbying rules for elected officials the city council passed last year. It would have once again allowed elected officials from outside Chicago to lobby the mayor, aldermen, and other city government agencies on behalf of private clients, as long as the public body they represent does not have pending or recurring legislative or contractual matters involving Chicago. With federal investigators probing lobbying practices in Springfield and past City Hall scandals tied to lobbying infractions, aldermen said it was not the time to walk back the stricter requirements.

Minnesota Federal Judge Upholds Minnesota’s Deadline Extension for Counting Ballots
National Public Radio – Jason Slotkin | Published: 10/12/2020

A federal judge upheld Minnesota’s seven-day deadline extension for counting mail-in ballots after it was challenged by a pair of Republicans. Minnesota extended its deadline for receiving mail-in ballots after voting rights groups raised concerns the state’s previous deadline could disenfranchise voters as the state receives an unprecedented amount of absentee ballots. In past elections, absentee ballots would only be counted if received by eight p.m. on Election Day. A state court agreement reached with Minnesota Secretary of State Steve Simon allowed ballots postmarked by Election Day to be counted if received within seven days.

New York Trump Again Asks Supreme Court to Block Subpoena for His Tax Records
New York Times – Charlie Savage | Published: 10/13/2020

Personal lawyers for President Trump, seeking to appeal their case to the U.S. Supreme Court for the second time in less than a year, asked the justices to delay a ruling that would allow Manhattan District Attorney Cyrus Vance Jr. To obtain Trump’s financial records. In an “emergency” application, Trump’s legal team told the court that a U.S. District Court judge was wrong to rule Vance had a legal right to subpoena the materials and an appeals court panel in New York was wrong to uphold that decision. The request for intervention marks a return for the case. In July, the high court ruled the fact that Trump was the sitting president did not make him absolutely immune from criminal investigation, as his legal team had argued.

New York Trump Got a $21 Million Tax Break for Saving the Forest Outside His N.Y. Mansion. Now the Deal Is Under Investigation.
MSN – Joshua Partlow, Jonathan O’Connell, and David Fahrenthold (Washington Post) | Published: 10/9/2020

Donald Trump received a tax break of $21.1 million five years ago after promising to preserve 150 acres of woodlands in New York state. The amount of the tax break was set by a 2016 appraisal that valued Seven Springs at $56.6 million, more than double the value assessed by the three Westchester County towns that each contained a piece of the property. New York Attorney General Letitia James is investigating whether the Trump Organization improperly inflated the value of the land. The appraisal appears to have relied on unsupported assertions and misleading conclusions that boosted the value of Trump’s charitable gift and his tax break. The appraisal was written by Cushman & Wakefield, a real estate firm that has worked with Trump over many years and whose headquarters are in a building co-owned by Trump.

North Carolina A Legal Fight Over How to Fix Ballot Errors in North Carolina Has Left Thousands of Voters in Limbo – Nearly Half People of Color
Washington Post – Elise Viebeck | Published: 10/12/2020

A dispute over how North Carolina voters should correct problems with their mail ballots remains unresolved, leaving at least 6,800 votes – including more than 3,300 ballots from people of color – in limbo across a key presidential battleground state. The legal fight intensified after the state Board of Elections said in September it would allow voters to “cure,” or fix, deficiencies in their mail ballots by completing and returning an affidavit to county election officials. The affidavit would neutralize a range of voter errors that could lead to ballots being tossed, including failure to provide a witness signature. ballots being tossed, including failure to provide a witness signature. But a federal judge put the plan on hold October 3, arguing it changed the rules too close to Election Day.

Oregon City of Portland Lawyers Won’t Defend Auditor in Legal Appeals of Mayor’s Campaign Violations, City Council Says
Portland Oregonian – Everton Bailey Jr. | Published: 10/14/2020

The Portland City Council refused a request from the city auditor for city lawyers to represent her in lawsuits filed by Mayor Ted Wheeler’s campaign, citing the city attorney’s assertion it would be an ethical violation and a conflict-of-interest. Auditor Mary Hull Caballero argued before the vote that Wheeler’s campaign is not a client of the city attorney’s office and she fined the campaign through her capacity as a Portland elected official who oversees the city elections process. She noted city lawyers already represent her in other elections-related lawsuits, including one filed on behalf of mayoral challenger Sarah Iannarone about Wheeler’s campaign.

Pennsylvania Judge Throws Out Trump Campaign’s Pennsylvania Lawsuit
Associated Press News – Marc Levy | Published: 10/10/2020

A federal judge in Pennsylvania threw out a lawsuit filed by President Trump’s campaign, dismissing its challenges to the battleground state’s poll-watching law and its efforts to limit how mail-in ballots can be collected and which of them can be counted. The ruling by U.S. District Court Judge J. Nicholas Ranjan, who was appointed by Trump, also poured cold water on the president’s claims that Pennsylvania is fertile ground for election fraud. Trump’s campaign said it would appeal at least one element of the decision.

Pennsylvania Pennsylvania House Insurance Committee Chairwoman Reaps Big Harvest of Campaign Contributions from Insurance Industry
Allentown Morning Call – Ford Turner | Published: 10/9/2020

State Rep. Tina Pickett, whose position in Harrisburg gives her enormous authority over what happens to proposed insurance laws, has more cash in her political campaign account than any of her 201 colleagues in the Pennsylvania House, thanks in large part to the insurance industry. A review of hundreds of campaign finance reports showed Pickett’s $268,546.49 cash balance in late May was inflated by a years-long influx of insurance industry cash that began when Pickett became chairperson of the House Insurance Committee in 2013. Experts say the contributions are made to curry favor.

Rhode Island A Chaotic Campaign Helped Save Rhode Island’s House Speaker in 2016. Now It Threatens to End His Political Career
Boston Globe – Dan McGowan and Edward Fitzpatrick | Published: 10/13/2020

The criminal trial of Jeffrey Britt, a former campaign consultant to Rhode Island House Speaker Nicholas Mattiello, was meant to determine whether Britt laundered $2,000 to help pay for a postcard mailer designed to boost Mattiello during that 2016 campaign. But it also offered a rare glimpse into the win-at-all-costs culture of politics, as witnesses detailed the strategies employed to help defeat Steven Frias. Those tactics included surveillance conducted on Frias by a private investigator who was seeking a state job, a mail-ballot operation run by an operative who had previous tours of political duty with some of the state’s most corrupt politicians, and the mailer that Britt orchestrated to try to convince a handful of Republicans to back the Democrat in the race. Mattiello won the race by 85 votes, a margin where almost any maneuver could have tipped the scales in the speaker’s favor.

Texas Appeals Court OKs Texas Governor’s Order to Limit Drop Off Locations for Absentee Ballots
NBC News – Rachel Elbaum | Published: 10/13/2020

A federal appeals court panel upheld Texas Gov. Greg Abbott’s order to shut down dozens of mail ballot drop-off sites weeks before November’s election. The ruling comes after a federal judge halted the order, which allowed for only one absentee ballot drop off location for every county, regardless of its size. The Texas secretary of state had argued Abbott’s order was part of a 40-day expansion of Texans’ absentee voting opportunities put in place because of Covid-19 that went beyond what state election rules normally permit. The United States Court of Appeals for the Fifth Circuit said it agreed with her.

Virginia Inside the Utility Company Lobbying Blitz That Will Hike Electric Bills
ProPublica – Patrick Wilson (Richmond Times-Dispatch) | Published: 10/9/2020

When Democrats campaigned for seats in the Virginia Legislature last year, they took aim at the state’s largest power broker: Dominion Energy. The electric utility’s clout was legendary at the Capitol, where it doled out millions of dollars in campaign contributions and employed an army of lobbyists who helped write energy policy for decades. The result was soaring electricity bills and an energy grid heavily reliant on fossil fuels. Democrats vowed to change that. But Dominion fought back and ended up as a winner in a bill intended to diminish its influence. By doubling the size of its lobbying corps and tapping its long-standing relationships with legislative leaders and Gov. Ralph Northam, the utility secured the right to build its top priority – a massive offshore wind farm set to be the most expensive utility project in Virginia history.

Virginia Men in Alleged Kidnapping Plot Also Considered Targeting Virginia Governor, FBI Says
National Public Radio – Bill Chappell and Ryan Lucas | Published: 10/13/2020

Two of the men accused of plotting to kidnap Michigan Gov. Gretchen Whitmer took part in a discussions earlier this year with members of self-styled militia groups about potentially abducting Virginia Gov. Ralph Northam, an FBI agent testified. Special Agent Richard Trask did not say whether any of the attendees ultimately took any action toward potentially targeting Northam, and no one has been charged with any threats against him. Whitmer and Northam, both Democrats, have faced resistance in their respective states to measures they’ have taken to try to curb the spread of the coronavirus.

Virginia Va. Congressional Candidate Reported No Assets. His Amended Disclosure Shows He Holds Dozens of Stocks.
Washington Post – Meagan Flynn | Published: 10/9/2020

After previously disclosing owning zero financial assets, Virginia congressional candidate Bob Good filed an amended financial disclosure showing he holds dozens of stocks, including in two companies that had business before the Campbell County Board of Supervisors when Good served on the panel. He now reports between $213,000 and $1.65 million in assets and unearned income. Virginia law requires local and state lawmakers to disclose their personal economic interests in forms filed with the Virginia Conflict of Interest and Ethics Advisory Council.

Washington Port of Tacoma, Others Agree to Fine in Save Tacoma Water Campaign Finance Case
MSN – Alexid Krell (Tacoma News-Tribune) | Published: 10/12/2020

The Port of Tacoma, the Tacoma-Pierce County Chamber of Commerce, and the Economic Development Board for Tacoma-Pierce County agreed to pay a civil penalty for violating campaign finance law while fighting initiatives that were trying to limit industrial development on the Tideflats. They will pay a $34,000 fine, with $17,000 suspended. The case stemmed from efforts by a group called Save Tacoma Water following citizen opposition to a proposed methanol plant. Activist Arthur West complained the three groups violated campaign finance law in their effort.

Washington Twitter to Pay $100k to Washington State in Settlement Over Political Ad Disclosure Violations
GeekWire – Todd Bishop | Published: 10/13/2020

Washington Attorney General Bob Ferguson said Twitter agreed to pay $100,000 for failing to maintain records related to ads that ran from 2012 through 2019, when Twitter banned political advertising. Companies are required to maintain records about who paid for ads, when they ran, how much they cost, and the name of the candidate or measure supported or opposed. Twitter failed to maintain the required records for at least 38 Washington candidates and committees that reported paying $194,550 for political advertising on its platform.

Wisconsin Federal Appeals Court Blocks Extension for Wisconsin Ballot Returns
Politico – Zach Montellaro and Josh Gerstein | Published: 10/8/2020

Federal judges blocked a lower court’s order extending the deadline for returning mail ballots in Wisconsin, requiring that absentee ballots be in the hands of election officials by the time the polls close on Election Day. A three-judge panel of the Seventh Circuit Court of Appeals ruled in favor of staying the lower court’s order, which would have allowed for ballots postmarked by Election Day to be received by November 9, six days later, in order to be counted. The stay also suspended an order extending the deadline for online and mailed-in voter registration from October 14 to October 21, and it stopped potential electronic delivery of certain ballots.

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October 15, 2020 •

Thursday’s LobbyComply News Roundup

Campaign Finance Washington: “Port of Tacoma, Others Agree to Fine in Save Tacoma Water Campaign Finance Case” by Alexid Krell (Tacoma News-Tribune) for MSN Elections National: “Fake Twitter Accounts Posing as Black Trump Supporters Appear, Reach Thousands, Then Vanish” by […]

Campaign Finance

Washington: “Port of Tacoma, Others Agree to Fine in Save Tacoma Water Campaign Finance Case” by Alexid Krell (Tacoma News-Tribune) for MSN

Elections

National: “Fake Twitter Accounts Posing as Black Trump Supporters Appear, Reach Thousands, Then Vanish” by Craig Timberg and Isaac Stanley-Becker for Washington Post

Ethics

National: “Supreme Court Won’t Revive Congressional Emoluments Case Against Trump” by Robert Barnes and Ann Marimow for Washington Post

National: “‘Unmasking’ Probe Commissioned by Barr Concludes Without Charges or Any Public Report” by Matt Zapotosky and Shane Harris (Washington Post) for MSN

California: “Ex-Director of Coliseum Authority Takes Plea Deal in Stadium Naming Rights Case; Avoids Jail Time” by David Debolt for San Jose Mercury News

New York: “Trump Again Asks Supreme Court to Block Subpoena for His Tax Records” by Charlie Savage for New York Times

Virginia: “Men in Alleged Kidnapping Plot Also Considered Targeting Virginia Governor, FBI Says” by Bill Chappell and Ryan Lucas for National Public Radio

Lobbying

Florida: “Prominent Lobbyist Didn’t Disclose Calls to Orlando Airport Board Members, Violating Policy” by Jason Garcia for Orlando Sentinel

Illinois: “Aldermen Reject Lightfoot’s Proposal to Ease Ban on Lobbying by Elected Officials” by Heather Cherone for WTTW

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October 14, 2020 •

Proposed Exceptions to Chicago Cross-Lobbying Ordinance Unanimously Rejected

Chicago City Hall

Chicago City Hall - Ken Lund

In a recent vote, Chicago City Council’s Committee on Ethics and Government Oversight unanimously rejected an ordinance. Introduced by Mayor Lori Lightfoot in April, this would amend a previously passed amendment. The ordinance passed unanimously by City Council 10 months […]

In a recent vote, Chicago City Council’s Committee on Ethics and Government Oversight unanimously rejected an ordinance.

Introduced by Mayor Lori Lightfoot in April, this would amend a previously passed amendment.

The ordinance passed unanimously by City Council 10 months ago prohibits cross-lobbying.

This would include City Council or any city agency, department, board, or commission by elected officials from the Illinois General Assembly or any unit of local government in the state.

The proposed amendment added an exception to permit lobbying by lobbyists with no current contractual or legislative dealings with the city.

The committee voted 16-0 not to send the measure to the full council.

The BOE announced last month it would begin enforcing Ordinance 2-156-309 on October 1, as no action had been taken.

In addressing the committee today, Executive Director Steven Berlin stated the ordinance is historic.

He goes on to explain there are no other jurisdictions in the United States prohibiting both their own officials and employees from lobbying on behalf of private clients anywhere, while also prohibiting elected officials from other jurisdictions from lobbying the city on behalf of private clients.

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October 14, 2020 •

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “As U.S. Politics Heats Up, Companies Seek to Avoid Controversy” by Jessica DiNapoli for Reuters Rhode Island: “A Chaotic Campaign Helped Save Rhode Island’s House Speaker in 2016. Now It Threatens to End His Political Career” by […]

Campaign Finance

National: “As U.S. Politics Heats Up, Companies Seek to Avoid Controversy” by Jessica DiNapoli for Reuters

Rhode Island: “A Chaotic Campaign Helped Save Rhode Island’s House Speaker in 2016. Now It Threatens to End His Political Career” by Dan McGowan and Edward Fitzpatrick for Boston Globe

Washington: “Twitter to Pay $100k to Washington State in Settlement Over Political Ad Disclosure Violations” by Todd Bishop for GeekWire

Elections

Alaska: “Alaska Absentee Witness Requirements Scrapped for Election” by Becky Bohrer for Associated Press News

Minnesota: “Federal Judge Upholds Minnesota’s Deadline Extension for Counting Ballots” by Jason Slotkin for National Public Radio

Texas: “Appeals Court OKs Texas Governor’s Order to Limit Drop Off Locations for Absentee Ballots” by Rachel Elbaum for NBC News

Ethics

National: “Trump’s Children Brought Secret Service Money to the Family Business with Their Visits, Records Show” by David Fahrenthold, Joshua Partlow, and Carol Leonnig (Washington Post) for MSN

National: “Supreme Court Halts Census in Latest Twist of 2020 Count” by Mike Schneider for Associated Press News

National: “Trump Taps U.S. Marine Band for White House Event and Raises Questions About Employing the Military for Political Purposes” by Paul Sonne for Washington Post

Hawaii: “Ballot Questions Could Bolster Ethics Watchdog’s Staffing and Spending” by Chad Blair for Honolulu Civil Beat

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