May 22, 2020 •
Appeals Court Greenlights Emoluments Suit against Trump
Politico – Josh Gerstein | Published: 5/14/2020
A lawsuit accusing President Trump of violating the Constitution by accepting foreign government money through his Washington, D.C. hotel can proceed to fact-gathering about Trump’s profits, a federal appeals court ruled. The Fourth Circuit Court of Appeals voted to reject Trump’s bid to shut down the lawsuit the governments of Maryland and the District of Columbia brought alleging violations of the Constitution’s emoluments clause. Trump will now need relief from the U.S. Supreme Court if he wants to block Maryland and the District of Columbia from pressing demands for his business records as his reelection campaign gets into full swing.
Barr Installs Top DOJ Aide, Prosecutor of Trump’s Mar-a-Lago Trespasser, Over U.S. Prosecutors in Washington
Beaumont Enterprise – Spencer Hsu and Keith Alexander (Washington Post) | Published: 5/18/2020
Attorney General William Barr installed a new top deputy over the federal prosecutor’s office for Washington, D.C., raising concerns that a key U.S. attorney’s office handling multiple investigations of interest to President Trump is becoming further politicized. The arrival of Associate Deputy Attorney General Michael Sherwin triggered new accusations that Justice Department leaders are bypassing career prosecutors in the office and intervening in cases favoring the president’s allies, current and former federal prosecutors in the office said.
Courts Hamper Efforts to Shine Light on Digital Campaign Ads
Bloomberg Law – Kenneth Doyle | Published: 5/19/2020
Partisan divisions in Congress and on the FEC have stalled efforts to require more disclosure of who is funding paid messaging on Facebook and other internet platforms. A recent ruling could set back efforts by states including California, New York, and Washington to fill the breach left by federal regulators. A court decision required Maryland to permanently cease enforcing parts of its online ad disclosure law against newspapers and television stations that have websites selling political ads. More than $600 million has been spent on online ads so far in the 2020 election cycle, according to Advertising Analytics, whose data includes only ads on Facebook and Google. The firm estimates about half of all digital political ads are on those platforms.
Democrats Open Investigation into Trump’s Replacement of Acting Transportation Department Inspector General
MSN – Ian Duncan and Michael Laris (Washington Post) | Published: 5/19/2020
Three leading House Democrats said they plan to open an investigation into the replacement of the Transportation Department’s acting inspector general, concerned the move was tied to an ongoing investigation of Secretary Elaine Chao’s dealings with Kentucky. Chao is married to Senate Majority Leader Mitch McConnell and has faced questions about whether her department has given preferential treatment to projects in the state. In October 2019, Transportation Committee Chairperson Peter DeFazio said he first requested the inspector general’s office look into Chao’s influence on a discretionary grant program called Infrastructure For Rebuilding America.
Donors Can Now Give $620,600 to Biden and DNC, Expanding Democratic Big-Money Fundraising
Washington Post – Michelle Ye Hee Lee | Published: 5/16/2020
Joe Biden will ask donors to give as much as $620,600 to support his White House bid and down-ballot candidates, expanding his fundraising capability to compete with President Trump’s big-money machine. The Biden Victory Fund, a committee that raises money with the Democratic National Committee, filed an agreement that allows wealthy donors to give large checks that will be shared by the campaign, the party, and 26 state parties, the latest move by Democrats to ramp up the former vice president’s fundraising for the general election. The agreement is the latest example of the dramatically expanding fundraising power of national party committees, made possible through legal changes in 2014 that loosened restrictions on individual contributions.
Election Watchdog, Dormant for Months, Can Finally Move into Action
New York Times – Rebecca Ruiz | Published: 5/19/2020
The Senate confirmation of James Trainor to the FEC means the agency now will have a quorum to hold meetings and conduct official business. With Trainor, the FEC will have an equal number of Republican and Democratic appointees, so it likely will still be deadlocked on major action. Routine actions, including the collection and publication of campaign finance disclosures, continued to be performed by staff. But any effort to investigate or punish violations required action by the full commission, which could not meet. Trainor’s nomination had been in limbo since 2017 amid questions over his social media postings and a standstill among Senate leaders on an approach to appointing commissioners.
EPA Emails Reveal Talks Between Trump Officials, Chemical Group Before 2017 Settlement
The Hill – Rachel Frazen | Published: 5/17/2020
When the chemical company Brenntag received a fine in 2017, the National Association of Chemical Distributors (NACD) asked for help from two new Trump administration appointees who previously worked in chemical lobbying. The two appointees were Mandy Gunasekara, a former NACD lobbyist who is now chief of staff at the Environmental Protection Agency (EPA), and Nancy Beck, former president of the American Chemistry Council. Beck, now detailed at the White House, has been nominated by President Trump to lead the Consumer Product Safety Commission. Brenntag was ultimately fined, although the penalty it received was roughly 20 percent lower than the one initially proposed by the EPA.
Freed by Court Ruling, Republicans Step Up Effort to Patrol Voting
MSN – Michael Wines (New York Times) | Published: 5/17/2020
Six months before a presidential election in which turnout could matter more than persuasion, the Republican Party, the Trump campaign, and conservative activists are mounting an aggressive national effort to shape who gets to vote in November and whose ballots are counted. Its premise is that a Republican victory in November is imperiled by widespread voter fraud, a baseless charge embraced by President Trump, but repeatedly debunked by research. Democrats and voting rights advocates say the driving factor is politics, not fraud, especially since Trump’s narrow win in 2016 underscored the potentially crucial value of depressing turnout by Democrats, particularly minorities.
K Street, PACs Not Eager to Attend In-Person Fundraisers Yet
Roll Call – Kate Ackley | Published: 5/14/2020
Many lobbyists and corporate executives, cloistered in their home offices during the coronavirus pandemic, said they were unlikely to sign up for in-person political events in the coming weeks, and some were dismayed that lawmakers would even send invitations for so near in the future. Others, though, said they long for a return to the intimacy of real-life events that virtual events cannot replace. One lobbyist invited to upcoming events said it was appalling to see such solicitations now, adding, “Why expose members of the lobbying community to unnecessary risk?”
Liberals Embrace Super PACs They Once Shunned
The Hill – Max Greenwood | Published: 5/17/2020
Progressives are embracing super PACs with newfound vigor as they look to put their political influence and organizing tactics to use in the aftermath of U.S. Sen. Bernie Sanders’ presidential campaign. A handful of new liberal outside groups have cropped up in recent weeks, many of them founded by former aides and allies of Sanders and other prominent progressives. Their goals range from boosting Joe Biden’s presidential campaign of to patching what they see as electoral holes in the Democrats’ organizing strategy. But the proliferation of super PACs has come at a cost for some in the progressive movement, which has long denounced the existence of such groups and the influence of money in politics.
Phantom Super PAC Says It Returned Donations
Politico – Zach Montellaro | Published: 5/18/2020
A phantom super PAC that reported dropping millions of dollars on the battle for the U.S. Senate said in a report it was returning money to its alleged donors following a media investigation. Politico reported there was little evidence that Americans for Progressive Action USA was spending the large outlays it reported to the FEC. The super PAC reported it returned more than $4.8 million in donations it said it received from three donors with Texas addresses. In memo lines explaining why the contributions were being returned, three reasons were listed: “refund due to Politico”, “refund,” and “refund after Montellaro” – the last name of a Politico reporter.
Pompeo’s Moves Against Inspector General Leave a Trail of Questions and a Department Divided
MSN – John Hudson and Carol Morello (Washington Post) | Published: 5/18/2020
The circumstances of Steve Linick’s removal as the State Department’s internal watchdog remain contentious. The nature of his work, which involved interviewing various officials and uncovering acts of wrongdoing, means any investigation could be suspected of causing his downfall and his list of enemies is long. Before he was fired, Linick was investigating an emergency declaration President Trump made last year to approve an arms sale to Saudi Arabia, a decision Secretary of State Mike Pompeo approved, said U.S. Rep. Eliot Engel. Pompeo’s vague criticisms of Linick have left questions about whether one of the inspector’s past or current investigations agitated Pompeo enough to prompt the decision to remove him.
Sen. Richard Burr Stepping Aside as Intelligence Committee Chair Amid FBI Investigation of His Stock Sales
Washington Post – Devlin Barrett, Seung Min Kim, and Katie Shepherd | Published: 5/14/2020
U.S. Sen. Richard Burr is stepping down as chairperson of the Intelligence Committee, following the seizure of his cellphone by FBI agents investigating whether any laws were broken when Burr sold a significant share of his stocks before the coronavirus outbreak crashed financial markets. The decision to step aside acknowledges the awkward, ethically fraught dynamic that would have existed if Burr had continued to lead a committee with oversight responsibilities for an agency conducting a criminal investigation of his conduct. But it also has implications for the delicate balance of power between the government’s executive and legislative branches, suggesting an investigation alone may be enough to remove a senior lawmaker from a key post.
States Push Millions of People Toward Absentee Voting Amid Pandemic
The Hill – Reid Wilson | Published: 5/21/2020
State and local election administrators are pushing millions of voters to cast their ballots by mail in upcoming elections amidst a pandemic that could spread widely where people gather. The applications raise the prospect of a massive surge of ballots pouring into election administration offices in the days leading up to the presidential election. They have also raised the ire of President Trump, who accused two states of acting illegally and raised the prospects of punishing those states by withholding funding.
Supreme Court Stops House Democrats from Seeing Secret Mueller Material for Now
Stamford Advocate – Robert Barnes and Ann Marimow (Washington Post) | Published: 5/20/2020
The U.S. Supreme Court stopped House Democrats for now from seeing secret grand jury material from Robert Mueller’s investigation of Russian interference in the 2016 election and whether President Trump obstructed the special counsel’s work. The court, without noted dissent, agreed to a request from the Justice Department to put on hold a lower court’s decision granting the House Judiciary Committee some previously undisclosed material from Mueller’s probe. The action could mean that Congress will not receive the full Mueller report, without redactions of certain grand jury material, until after the November election, or perhaps not even during lawmakers’ current term, which ends January 3.
Susan Pompeo Draws Scrutiny in Inquiry Over Dry Cleaning and Dog Walking
MSN – Lara Jakes (New York Times) | Published: 5/19/2020
Susan Pompeo, the wife of Secretary of State Mike Pompeo, is now under scrutiny after the firing of the State Department’s inspector general at her husband’s behest. A whistle-blower tipped off Democrats in Congress that she had her own security guards, and agents with the Diplomatic Security Service had been tasked with running errands for the family like picking up takeout food and collecting the family dog from a groomer. Before he was fired, the State Department’s inspector general, Steve Linick, was examining, among other issues, the potential misuse of an aide to do personal errands for both Pompeos.
Targeting Hunter Biden, Senate Panel Approves Subpoena for Lobbying Firm Over Democrats’ Objections
Washington Post – Mike DeBonis | Published: 5/20/2020
A Senate committee moved to subpoena documents related to the son of presumptive Democratic presidential nominee Joe Biden in an election-year escalation of Republican congressional scrutiny of Biden’s time as vice president. The Homeland Security and Governmental Affairs Committee approved the subpoena on a party-line vote, more than two months after its chairperson, Sen. Ron Johnson, indicated he planned to seek the documents concerning Hunter Biden’s work for the Ukrainian energy company Burisma. Johnson’s quest has generated fierce objection from Democrats, who argue the inquiry is simply an election-year witch hunt meant to sling mud at President Trump’s likely opponent.
Trump’s Company Has Received at Least $970,000 from U.S. Taxpayers for Room Rentals
MSN – David Fahrenthold and Joshua Partlow (Washington Post) | Published: 5/14/2020
The U.S. government has paid at least $970,000 to President Trump’s company since he took office, including payments for more than 1,600 nightly room rentals at Trump’s hotels and clubs. The payments create an unprecedented business relationship between the president’s private company and his government, which began in the first month of Trump’s presidency and continued into this year. Records show taxpayers have now paid for the equivalent of more than four years’ worth of nightly rentals at Trump properties, including 950 nights at Trump’s golf club in Bedminster, New Jersey, and 530 nights at the president’s Mar-a-Lago Club in Florida.
Trump’s Vaccine Chief Has Vast Ties to Drug Industry, Posing Possible Conflicts
New York Times – Sheila Kaplan, Matthew Goldstein, and Alexandra Stevenson | Published: 5/20/2020
The scientist brought in to lead the Trump administration’s efforts to develop a vaccine against the coronavirus has spent the last several days trying to disentangle pieces of his stock portfolio and ties to big pharmaceutical interests as critics point to the potential for significant conflicts-of-interest. Moncef Slaoui is a venture capitalist and a former executive at GlaxoSmithKline. Most recently, he sat on the board of Moderna, a biotechnology firm that is pursuing a coronavirus vaccine. Slaoui did not come on board as a government employee. Instead, he is on a contract. That leaves him exempt from federal disclosure rules that would require him to list his outside positions, stock holdings, and other potential conflicts. And the contract position is not subject to the same conflict-of-interest laws and regulations that executive branch employees must follow.
Work from Home Congress? House OKs Proxy Votes
AP News – Lisa Mascaro | Published: 5/15/2020
The U.S. House approved a package of historic rules changes so Congress can keep functioning even while it is partly closed. The shift will dramatically change the look, if not the operation, of the legislative branch. Under the new rules, House lawmakers will no longer be required to travel to Washington to participate in floor votes. They will be allowed to vote by proxy – assigning their vote to another lawmaker who will be at the Capitol to cast it for them. Eventually, a provision allows for direct remote voting once the technology is approved. House committees be able to fully function remotely.
From the States and Municipalities
Alaska – Alaska Lawmaker Says Hitler Was Not White Supremacist After Comparing Coronavirus Measures to Nazi Rule
MSN – Hannah Knowles and Candace Buckner (Washington Post) | Published: 5/16/2020
An uproar began when Alaska Rep. Ben Carpenter emailed all 39 of his statehouse colleagues to compare health-screening stickers to the badges that singled out Jews during the Holocaust, sharing his dismay at a new requirement for legislators returning to the Capitol amid the coronavirus outbreak. Carpenter dug in against the criticism and sparked another backlash when he said Hitler was not a white supremacist. The comments echo comparisons made by some protesters opposed to stay-at-home orders who argue strict public health measures are akin to slavery and genocidal dictatorships, governors have been likened to Nazis, in rhetoric many view as inappropriate in a national debate about measures to curb the pandemic.
Alaska – Complaint Alleges Dunleavy Violated Ethics Law by Auctioning Breakfast at Governor’s Mansion
Alaska Public Media – Andrewe Kitchenman | Published: 5/20/2020
A complaint alleges Gov. Mike Dunleavy violated state ethics law when an Alaska Republican Party fundraiser auctioned a breakfast with Dunleavy at the Governor’s Mansion in Juneau. The law prohibits the use of state facilities for partisan political purposes. It allows two exceptions for the mansion: meetings to discuss political strategy and the use of “communications equipment … so long as there is no charge to the state.” State GOP Chairperson Glenn Clary said the breakfast would fall under the legal exemption for political strategy meetings at the mansion. Clary also said the party used the gala to raise funds for party operations, rather than to benefit the governor or political candidates.
California – Here’s a Closer Look at the Ex-Deputy Mayor Enmeshed in City Hall Corruption Probe
Los Angeles Times – Emily Alpert Reyes and Joel Rubin | Published: 5/20/2020
Raymond Chan earned praise at City Hall for his eagerness to smooth out city bureaucracy for developers, both as the head of Los Angeles’ building department and later as a deputy mayor focused on economic development. Now court records in an ongoing federal probe into corruption at City Hall tell a different story. Prosecutors have alleged a deputy mayor was paid by a real estate consultant to help shepherd a major project and leveraged his power as a city official to aid the development. Although federal investigators did not name the former deputy mayor in court papers, details about his employment history make clear it is Chan.
California – Newsom Raises Record $26M in Donations for Covid-19, Some from Companies Lobbying State
Politico – Katy Murphy and Carla Marinucci | Published: 5/19/2020
Prominent business interests have poured nearly $26 million into fighting Covid-19 at California Gov. Gavin Newsom’s request, a record amount that came as some of the companies lobbied the governor’s office on regulatory matters, state disclosures show. Informing citizens about how to protect themselves and others during the pandemic has clear societal benefits, government and ethics experts say. But, they add, the public should view any such private-sector assistance with a critical eye. Businesses or individuals lending a hand to government may enhance their ability to influence policymakers by generating goodwill, said Jonathan Mehta Stein, executive director of California Common Cause.
California – San Diego Ballot Measures for Ranked Choice Voting, ‘Clean Elections’ Take Key Step Forward
San Diego Union Tribune – David Garrick | Published: 5/14/2020
San Diego residents may get a chance this November to vote on ballot measures that would shift city elections to ranked-choice voting, provide public funding for local candidates, and change contracting laws in favor of union labor. The city council’s Rules Committee voted to allow further evaluation of those measures so the full council can decide this summer whether they should appear on the ballot. The ballot measure that would provide public funding for city elections aims to reduce the impact of campaign contributions on local elections. Supporters say such a system would encourage more qualified candidates to run for city office and reduce the influence of corporate interests and labor unions.
Colorado – Two Lawsuits Filed Against Colorado Governor’s Decision to Allow Signature Collection Through Email, Mail
Colorado Sun – Jesse Paul | Published: 5/18/2020
Two groups, including one hoping to ask voters in November to ban abortions in Colorado after 22 weeks of gestation, filed separate lawsuits challenging Gov. Jared Polis’ executive order allowing signatures to be gathered for ballot initiatives through email and mail. The lawsuits appear to be the first direct legal challenges to Polis’ use of his executive powers under his disaster emergency declaration. Some critics say he has gone too far in reacting to the pandemic. The governor said the order is aimed at preventing the disease from compromising Coloradans’ democratic right to access the ballot during a time when groups are unable to canvas and gather signatures. The abortion-ban effort is the only pending ballot initiative that cannot benefit from the order issued by Polis, who supports abortion access.
Connecticut – Lamont and His Party Don’t See Eye-to-Eye on Secrecy Rules for Partnerships with Private Sector
Connecticut Mirroir – Keith Phaneuf | Published: 5/20/2020
Some in Connecticut Gov. Ned Lamont’s party are not enthusiastic about continuing to ease transparency and ethics rules to leverage private-sector resources. Lamont has tried to shield hedge fund giant Ray Dalio’s philanthropic arm, as well as dozens of private volunteers planning Connecticut’s economic re-emergence from the coronavirus pandemic, from the transparency rules that otherwise guide government functions. “… We were trying to create a hybrid of government officials and private officials and the lesson here is that’s just not possible,” said House Majority Leader Matt Ritter.
Florida – Curry’s Former Chief Administrator, Political Strategist Worked for JEA Bidder, According to Documents
Florida Times Union – Christopher Hong | Published: 5/15/2020
NextEra Energy, the parent company of Florida Power and Light, hired Sam Mousa and Tim Baker, two local lobbyists with close ties to Jacksonville Mayor Lenny Curry, in connection to their attempt to purchase JEA. The revelation that Baker and Mousa worked for NextEra raises a number of questions, including whether Baker was offering policy advice to JEA while working for the company considered to be the front-runner to win the competition to buy the city-owned utility.
Maryland – Super PAC Supporting Baltimore Mayoral Candidate Mary Miller Shuts Down After Email Details Strategy to Attract White Voters
Baltimore Sun – Talia Richman and Luke Broadwater | Published: 5/14/2020
A PAC that supported Baltimore mayoral candidate Mary Miller is shutting down and returning unspent money after a leaked email revealed a strategy to target white voters in a majority-black city. The Baltimore Sun reported on the email Martin Knott Jr., treasurer for the Citizens for Ethical Progressive Leadership PAC, sent to potential donors in which he laid out the group’s plans for the June 2 primary. He said the PAC would use negative ads to take voters away from former state Deputy Attorney General Thiru Vignarajah and city council President Brandon Scott, candidates who, like Miller have polled well among white voters.
Michigan – Bribery Case Against Detroit Councilman Could End in Plea Deal 3 Years After He Took Money
Detroit Free Press – M.L. Elrick | Published: 5/18/2020
Three years after Detroit City Councilperson Gabe Leland allegedly shook down a businessperson, Leland’s bribery case could end with a plea deal or a new felony charge in state court. Leland was indicted on three counts of bribery after a federal grand jury determined he demanded $15,000 from a businessperson in a land dispute with the city. Steve Fishman, Leland’s attorney, had vowed to take the case to trial, but recent court records signed by prosecutors and Fishman say “the parties have discussed a resolution of the matter and need additional time to determine whether a resolution is possible.”
Mississippi – Nonprofit Officials Spent $400,000 in Welfare Dollars to Lobby State Government. Public Education Funding Flowed Their Way.
Mississippi Today – Anna Wolfe | Published: 5/19/2020
Prominent special education figure Nancy New spent hundreds of thousands of welfare dollars her nonprofit had received from the state to cull favor and lobby state government in Mississippi for her private school interests, according to interviews and documents. The nonprofit, at the center of what is now called the largest alleged public embezzlement scheme in state history, spent at least $400,000 in welfare funds to “maintain governmental revenue streams or to lobby on behalf of their organization,” the state auditor reported. She and her son’s separate private school companies received nearly $1.3 million from direct legislative appropriations. But as is the case with many of the purchases her Mississippi Community Education Center made, investigators have found little public documentation exists to show what influence their efforts may have had.
Missouri – Clean Missouri Proponents Sue to Have Lawmaker-Approved Repeal Question Rewritten
Kansas City Star – Crystal Thomas | Published: 5/18/2020
A proposal to undo key portions of a redistricting plan passed by Missouri voters two years ago will mislead the public if it appears on the ballot, according to a lawsuit filed by supporters of the original measure. The lawsuit by backers of the Clean Missouri initiative contends the summary for the 2020 ballot proposal approved by the state Legislature should be struck down as insufficient and unfair. It asks a Cole County judge to either rewrite the summary or order lawmakers to do so. The revision by lawmakers included ethics provisions like lowering the limit for lobbyists gifts by five dollars and reducing contribution limits to state senators by $100.
Montana – Dark Money Group Ordered to Disclose Details on Campaign Spending in Montana
Billings Gazette – Tom Lutey | Published: 5/19/2020
A secretive group airing election ads featuring state Attorney General Tim Fox has been violating Montana campaign finance laws, the state’s political practices commissioner found. Ads by American Prosperity Group (APG) began airing on cable television in March. There is still no record of a group by that name either with state or federal elections regulators. That lack of information puts APG in violation of laws intended to prevent “dark money” spending in state politics.
New Jersey – Katie Brennan Settles Lawsuit Against State and Murphy Campaign for $1 Million Following Rape Allegation
Newark Star Ledger – Kelly Heyboer and Ted Sherman (NJ Advance Media) | Published: 5/15/2020
Katie Brennan, the former campaign volunteer whose rape allegations led to legislative hearings and promised reforms, has settled her lawsuit against the state and New Jersey Gov. Phil Murphy’s campaign. The state and Murphy for Governor, Inc. will pay a total of $1 million, with $600,000 going to a charity of Brennan’s choice and $400,000 to her attorneys. Neither side admitted any wrongdoing. The settlement also says Brennan and Al Alvarez, the former Murphy campaign adviser she accused of raping her, will participate in a “restorative justice” program. Her case prompted conversations in Trenton about non-disclosure agreements in campaigns, how sexual assault cases are handled in state government, and an underlying culture of sexual harassment and misogyny in New Jersey politics.
New York – New York Democratic Presidential Primary to Proceed Following Federal Appeals Panel Ruling
Washington Post – Shayna Jacobs and John Wagner | Published: 5/19/2020
New York’s Democratic presidential primary will take place after a federal appeals panel upheld the ruling of a judge who determined that scrapping it violated the constitutional rights of former candidates Andrew Yang and Bernie Sanders. The three-judge appeals panel affirmed the May 5 ruling of U.S. District Court Judge Analisa Torres that the plaintiffs “had made a strong showing of irreparable harm.” Doug Kellner, co-chairperson of the state elections board, said the board will not appeal the ruling to the U.S. Supreme Court, clearing the way for the June 23 Democratic primary to proceed.
New York – Who Exactly Is a Lobbyist?
City & State – Rebecca Lewis | Published: 5/17/2020
Lobbying plays a key role in city and state government, but it is not limited to the stereotypical operator working out deals in smoke-filled back rooms. That is because the scope of actions that require individuals to register as lobbyists is especially broad in New York. According to New York City and state law, the definition of a lobbying covers a wide array of avenues through which someone may attempt to influence just about any decision that requires some form of action by a government body or agency.
Oklahoma – Controversial Oklahoma Bill That Would Have Reversed Campaign Contribution Rules Permanently Killed
KFOR – Cassandra Sweetman | Published: 5/15/2020
A controversial bill in Oklahoma was pulled off the table almost as quickly as it was introduced after the state Senate author said it was never meant to become law in the first place. Sen. Roger Thompson amended House Bill 3996 to would allow campaign contributions to be used for personal expenses, including mortgages, vacations, athletic events, concerts, and country club dues.
Oregon – Oregon High Court Halts Ruling Nixing Virus Restrictions
AP News – Gillian Flaccus and Andrew Selsky | Published: 5/19/2020
The Oregon Supreme Court halted a judge’s order which had tossed out statewide coronavirus restrictions imposed by Gov. Kate Brown in a case brought by churches arguing the governor exceeded her authority. Baker County Circuit Court Judge Matthew Shirtcliff ruled Brown erred by not seeking the Legislature’s approval to extend the stay-at-home orders beyond a 28-day limit. The Supreme Court’s decision stays Shirtcliff’s decree pending review by all the justices. Shirtcliff issued his opinion in response to a lawsuit filed by 10 churches around Oregon that argued the state’s social distancing directives were unconstitutional.
Oregon – Oregon Republican Senate Nominee Backs Away from Election Day Support for ‘Qanon’ Conspiracy Theory
Portland Oregonian – K. Rambo | Published: 5/20/2020
Oregon Republicans nominated financial adviser Jo Rae Perkins to challenge Democratic U.S. Sen. Jeff Merkley in November. Her Election Day address to voters ignited a social media firestorm. In a video posted on Perkins’ Twitter account, she expresses support for the QAnon conspiracy theory, which posits a shadowy cabal of elites, often liberals, operates a global human trafficking ring and engages in the ritualistic abuse and sacrifice of children. Many supporters claim President Trump is carrying out a covert mission to break up the “deep state” and end the supposed trafficking ring. After her statements brought a wave of national attention, she appears to have retreated from her support and deleted the video from her Twitter account.
Pennsylvania – Pennsylvania Auditor General Probing ‘Undue’ Outside Influence on Business Waivers
Clearfield Progress – Christen Smith (The Center Square) | Published: 5/17/2020
Pennsylvania Auditor General Eugene DePasquale said his office will investigate whether outside influence, from lobbyists or legislators, played a role in which businesses received waivers to stay open during the pandemic shutdown. DePasquale said he has heard from confused business owners frustrated by the apparent inconsistencies in the state’s waiver decisions. Now, DePasquale said, his staff will focus on what impact communications with legislators and lobbyists had on the decisions the Department of Community and Economic Development ultimately made.
Wisconsin – Sweeping Federal Lawsuit Seeks Voting Changes in Wisconsin
AP News – Scott Bauer | Published: 5/18/2020
Advocates for people with disabilities and minority voters in Wisconsin filed a federal lawsuit asking a judge to order that more poll workers be hired, every voter in the state receive an absentee ballot application, and a host of other changes be made to ensure the August primary and November presidential election can be held safely amid the coronavirus pandemic. Wisconsin has been at the center of the fight, both in court and out, over elections during the pandemic after it proceeded with its April 7 presidential primary even as other states delayed voting.
June 3, 2020 •
After a prolonged standoff with the state’s Democratic governor, President Donald Trump says Republicans will seek another state instead of North Carolina to hold its August convention. Gov. Roy Cooper rejected a proposal for a full convention and insisted on […]
After a prolonged standoff with the state’s Democratic governor, President Donald Trump says Republicans will seek another state instead of North Carolina to hold its August convention.
Gov. Roy Cooper rejected a proposal for a full convention and insisted on scaling back the event due to uncertainty as to what the status of the COVID-19 pandemic will be in August.
Several other locations are expected to or have already expressed interest in hosting the event, but the GOP is still weighing its options for the event.
June 3, 2020 •
Kansas lawmakers are returning for a special legislative session June 3 after Gov. Laura Kelly vetoed COVID-19 legislation passed during the final day of session. Gov. Kelly called lawmakers back to create a new bill that redefines her emergency powers. […]
Kansas lawmakers are returning for a special legislative session June 3 after Gov. Laura Kelly vetoed COVID-19 legislation passed during the final day of session.
Gov. Kelly called lawmakers back to create a new bill that redefines her emergency powers.
The previous bill sought to curb Gov. Laura Kelly’s emergency powers and give the Legislative Coordinating Council appropriation power over the $1.25 billion in federal money allocated to Kansas in the CARES Act.
Gov. Kelly would also have been barred from issuing a new COVID-19 disaster declaration unless at least six members of the State Finance Council sign off on it.
There is no time limit on the special session, so the work is expected continue for as long as necessary.
This does not affect lobbyist reporting.
June 3, 2020 •
Campaign Finance Montana: “U.S. Supreme Court Won’t Hear Challenge to Montana Campaign Finance Law” by Holly Michels for Bozeman Daily Chronicle Pennsylvania: “Pa. Can’t Ban Everyone Involved in the Gaming Industry from Donating to Political Campaigns: U.S. court” by Matt […]
Montana: “U.S. Supreme Court Won’t Hear Challenge to Montana Campaign Finance Law” by Holly Michels for Bozeman Daily Chronicle
Pennsylvania: “Pa. Can’t Ban Everyone Involved in the Gaming Industry from Donating to Political Campaigns: U.S. court” by Matt Miller for PennLive.com
National: “As Trump Attacks Voting by Mail, GOP Builds 2020 Strategy Around Limiting Its Expansion” by Amy Gardner, Shawn Boberg, and Josh Dawsey (Washington Post) for MSN
National: “Interior Watchdog: Agency official pressed EPA to hire relative” by Ben Lefebvre for Politico
National: “Judge Asks Court Not to ‘Short Circuit’ His Review of Flynn Case” by Charlie Savage for New York Times
California: “Lawyer at Center of Tax-Sharing Deals Being Probed on Ethics Law” by Laura Mahoney for Bloomberg Tax
Michigan: “Gov. Whitmer: I didn’t OK Dem firm for coronavirus project, despite emails” by Jonathan Oosting for Bridge Michigan
West Virginia: “This Billionaire Governor’s Been Sued Over Unpaid Bills. A Judge Just Ordered Him to Pay More.” by Ken Ward Jr, and Alex Mierjeski for ProPublica
National: “Lawmakers Have Been Sleeping in Their Capitol Offices for Years, Coronavirus Is Reviving a Push to End It” by Cristal Hayes for USA Today
Florida: “Florida Demands State Vendors Identify Links with China” by John Haughey for The Center Square
June 2, 2020 •
The U.S. Supreme Court on Monday declined to take up a case challenging a Montana disclosure law. Specifically, the law requires disclosure of spending for political ads within 60 days of an election. In August 2019, the 9th U.S Circuit […]
The U.S. Supreme Court on Monday declined to take up a case challenging a Montana disclosure law.
Specifically, the law requires disclosure of spending for political ads within 60 days of an election.
In August 2019, the 9th U.S Circuit Court of Appeals upheld Montana’s law requiring nonprofit groups running ads mentioning candidates, political parties or ballot issues in the 60 day window before an election to report any spending of $250 or more and disclose who funded their efforts.
This law is part of the state’s Disclosure Act, while the case was filed by the National Association of Gun Rights in 2016.
In their lawsuit, the group stated they were planning on sending mailers in Montana.
However, they would not report their donors or spending because it violated their constitutional rights of free speech.
June 2, 2020 •
Campaign Finance National: “Campaign Funds for Judges Warp Criminal Justice, Study Finds” by Adam Liptak for New York Times California: “More Costly Campaigns During COVID? Councilwoman Asks About Raising Contribution Limits” by Jason Ruiz for Long Beach Post Connecticut: “Jon […]
National: “Campaign Funds for Judges Warp Criminal Justice, Study Finds” by Adam Liptak for New York Times
California: “More Costly Campaigns During COVID? Councilwoman Asks About Raising Contribution Limits” by Jason Ruiz for Long Beach Post
Connecticut: “Jon Lender: Despite COVID-19, legislators and PACs still put the touch on lobbyists, others for contributions; but now the touch is virtual” by Jon Lender for Hartford Courant
Nevada: “Nev. Elections Office Reviewing MedMen Donation Allegations” by Michelle Price for AP News
National: “Judge Sullivan’s Refusal to Immediately Dismiss Flynn’s Case Raises Novel Questions About the Limits of Judicial Power” by Ann Marimow for Washington Post
National: “Houston Rep. Dan Crenshaw’s Bestselling New Book Got Boost from Purchases by House GOP Campaign Arm” by Tom Benning for Dallas Morning News
Colorado: “Hickenlooper Subpoenaed to Testify Thursday About Private Flights” by Jason Wingerter for Denver Post
Michigan: “Bucci Pleads Guilty in Macomb Extortion Scandal” by Robert Snell for Detroit News
Mississippi: “Lt. Governor Withdraws Request for Ethics Decision Over Small Business Grants for Lawmakers” by Luke Ramseth for Jackson Clarion-Ledger
North Carolina: “Raleigh Mayor Now Working for Company That Got $6M City Contract. No Conflict, She Says.” by Anna Johnson for Raleigh News and Observer
June 1, 2020 •
On May 20, Newark Mayor Ras Baraka signed Ordinance No. 20-0515 amending the city’s contractor pay-to-play laws to reflect state law. The ordinance removes Essex County political party committees, political committees and continuing political committees regularly engaging in the support […]
On May 20, Newark Mayor Ras Baraka signed Ordinance No. 20-0515 amending the city’s contractor pay-to-play laws to reflect state law.
The ordinance removes Essex County political party committees, political committees and continuing political committees regularly engaging in the support of candidates for Newark municipal offices or County of Essex offices from the definition of campaign committee.
Additionally, ordinance 20-0515 removed the monetary thresholds of $300 per calendar year and annual aggregate limit of $2,500 for all business entity contributions to covered Newark political recipients.
Under the ordinance, all contributions to covered recipients by a business entity submitting a proposal, in negotiations for, or in agreement with the city for services is prohibited during the term of the contract.
June 1, 2020 •
The Second Regular Session of the 100th General Assembly adjourned sine die, officially ending the session, on May 27. Before adjourning lawmakers sent House Bill 1386 to the governor, modifying the definition of legislative lobbyist for purposes of lobbying laws. The […]
The Second Regular Session of the 100th General Assembly adjourned sine die, officially ending the session, on May 27.
Before adjourning lawmakers sent House Bill 1386 to the governor, modifying the definition of legislative lobbyist for purposes of lobbying laws.
The definition will exclude legislative liaisons, defined as any state employee hired to communicate with members of the General Assembly on behalf of any elected official of the state, the judicial branch of state government, or any department, agency, board, or commission of the state, provided such entity is a part of the executive branch of state government.
The Legislature also passed Senate Joint Resolution 0038, placing a constitutional amendment on the statewide ballot enacting a lobbyist gift ban.
Additionally it will reduce contribution limits made to or accepted by any candidate or committee from $2,500 to $2,000.
And finally it will repeal a redistricting plan enacted by voters in 2018.
The veto session is scheduled for September 16.
June 1, 2020 •
The U.S. Court of Appeals for the Third Circuit permanently enjoined the Commonwealth’s prohibition on political contributions from gaming-license applicants, licensees, and principals of licensees. Judge Richard Nygaard upheld the lower court’s conclusion and granted summary judgment in favor of […]
The U.S. Court of Appeals for the Third Circuit permanently enjoined the Commonwealth’s prohibition on political contributions from gaming-license applicants, licensees, and principals of licensees.
Judge Richard Nygaard upheld the lower court’s conclusion and granted summary judgment in favor of appellees Deon and Hardy.
Judge Nygaard found Section 1513 of the Gaming Act furthers a substantially important state interest in preventing quid pro quo corruption.
However, the restriction imposed on political contributions is unconstitutional because the Commonwealth did not closely draw the scheme to address the issue.