May 29, 2020 •

News You Can Use Digest – May 29, 2020

News You Can Use

National/Federal

‘A Game-Changer’: Pandemic forces shift in black voter outreach
Roll Call – Bridgett Bowman | Published: 5/21/2020

Success in November for Democrats may depend on turning out black voters, but a history of facing voter suppression has fueled skepticism among African Americans about voting by mail and a preference to vote in person. Strategies to ensure black turnout are being redrawn as Democratic groups and grassroots organizations test messages in real time to determine how best to educate African American voters reluctant about casting mail-in ballots and reassure them it is safe and secure. It is a three-front battle, playing out in the courts, in federal and state Legislatures, and on the campaign trail.

America’s Economic Pain Arrives on K Street
Politico – Theodoric Meyer and Daniel Lippman | Published: 5/23/2020

A recent survey conducted by the American Society of Association Executives – essentially a trade group for people who lead trade groups – found 35 percent of trade groups estimated they would lose at least a quarter of their revenue because of canceled events and conferences. The cuts have hit trade groups even as many of their lobbyists have been busier than ever, hustling to secure a piece of the trillions of dollars in coronavirus aid for their members. The cuts show Washington’s influence industry is not immune to the economic pain afflicting much of the rest of the country. While much of K Street has experienced a boom as companies have rushed to hire lobbyists to help them secure relief loans, others are hurting.

Appeals Court Denies Lobbyists’ Efforts to Access Small-Business Loan Program
The Hill – Harper Neidig | Published: 5/26/2020

A federal appeals court rejected an effort by a group of lobbyists and political consultants to obtain access to the Paycheck Protection Program and its emergency loans for small businesses hit by the coronavirus pandemic. A three-judge panel on the District of Columbia Circuit Court of Appeals upheld a federal judge’s decision not to grant a request by the American Association of Political Consultants for a preliminary injunction. The panel rejected the group’s argument that excluding lobbyists and political consultants from the loans violated the First Amendment.

Appeals Court Ruling Suggests Little Legal Traction for Trump’s Anti-Twitter Campaign
Politico – Josh Gerstein | Published: 5/27/2020

A ruling that emerged from a federal appeals court recently is strong evidence the courts are unlikely to be receptive to President Trump’s claims that he and his political supporters are being silenced by social media platforms like Twitter. The U.S. Court of Appeals for the District of Columbia Circuit rejected a lawsuit the conservative legal organization Freedom Watch and right-wing provocateur Laura Loomer filed against four major technology companies: Google, Facebook, Twitter, and Apple. Platforms have banned Loomer, citing anti-Muslim statements. The appeals court judges said despite the companies’ power, they cannot violate the First Amendment because it regulates only governments, not the private sector.

As Residents Perish, Nursing Homes Fight for Protection from Lawsuits
Politico – Maggie Severns and Rachel Roubien | Published: 5/26/2020

As an unprecedented catastrophe unfolds in which more than 28,000 people have died of Covid-19 in care facilities, the nursing home industry is responding with an unprecedented action of its own: using its multi-million dollar lobbying machine to secure protections from liability in lawsuits. The industry is one of the lobbying world’s quiet powerhouses. The state actions came after it spent tens of millions of dollars in lobbying and other advocacy per year. At the federal level, the industry has spent more than $4 million on lobbying over the past year, employing more than a dozen full-time lobbyists and drawing on an army of contract lobbyists.

As Trump Removes Federal Watchdogs, Some Loyalists Replacing Them Have ‘Preposterous’ Conflicts
MSN – Lisa Rein and Tom Hamburger (Washington Post) | Published: 5/24/2020

For the first time since the system was created in the aftermath of the Watergate scandal, inspectors general find themselves under systematic attack from the president, putting independent oversight of federal spending and operations at risk. Inspectors general, some in acting roles to begin with, have been fired and demoted with no notice, leaving their staffs in disarray, multiple inspectors general said. Adding to their alarm, several White House nominees awaiting Senate vetting for permanent roles do not meet traditional qualifications for the job. Some say the 40-year era of independent oversight of the executive branch is under threat more than ever.

‘Dark Money’ Groups Dodge Reporting Requirement in New Regulations
Politico – Toby Eckert | Published: 5/26/2020

The Treasury Department and IRS released final regulations under which certain tax-exempt groups will no longer be required to provide the names and addresses of major donors on annual returns filed with the IRS. The rules will affect groups organized under 501(c)(4) of the tax code. Those organizations have no legal obligation to publicly disclose their donors’ identities, but they previously had to give the IRS the names and addresses of donors who gave them more than $5,000. Under the new regulations, the groups will not have to provide the information to the IRS at all.

Facebook Ran Multi-Year Charm Offensive to Woo State Prosecutors
Bloomberg Law – Naomi Nix | Published: 5/27/2020

Facebook went to great lengths to develop friendly relationships with powerful state prosecutors who could use their investigative and enforcement powers in ways that could harm the company’s revenue growth. While state attorneys general are law enforcement officials, they are also politicians, and many see the post as a stepping-stone to higher office. Corporate lobbyists often donate to their campaigns and meet with them at legal conferences, while also pressing their case on state regulatory issues. In the end, the company’s charm offensive met with mixed results: most of those state attorneys general are now investigating Facebook for possible antitrust violations.

Horsford’s Extramarital Affair with Former Senate Staffer Shows How Narrow House Rules Are
Roll Call – Chris Marquette | Published: 5/21/2020

U.S. Rep. Steven Horsford had an extramarital affair with a former Senate intern spanning several years, an example that highlights how narrow the House prohibition against lawmakers sleeping with congressional staffers is. Gabriela Linder said the affair began in 2009 and continued sporadically until 2019. When they met, Horsford was a state senator in Nevada; Linder worked as an intern for former Senate Majority Leader Harry Reid. Horsford did not begin his first stint representing Nevada’s 4th Congressional District until 2013, after Linder stopped working for Reid. If Horsford were to have had a sexual relationship with Linder while he was a member of Congress and she was working in the Senate, although there is no indication he did, it would have been permissible under House rules.

Justice Dept. Ends Inquiries Into 3 Senators’ Stock Trades
New York Times – Katie Benner and Nicholas Fandos | Published: 5/26/2020

The Justice Department notified U.S. Sens. Kelly Loeffler, James Inhofe, and Dianne Feinstein it will not pursue insider trading charges against them after an investigation into stock transactions from the early days of the coronavirus pandemic did not find sufficient evidence that they had broken the law. All three had sold substantial amounts of stock when lawmakers were being briefed on the coronavirus threat but before the pandemic began roiling financial markets or was fully understood by the public. Law enforcement officials appear to still be investigating Sen. Richard Burr, whose own stock sales have drawn scrutiny from the Justice Department and Securities and Exchange Commission.

Lawmakers Press GSA on Trump Hotel’s Request for Financial Relief During Pandemic
Government Executive – Ccourtney Buble | Published: 5/19/2020

House Democrats are pressing the General Services Administration (GSA) for information on the Trump Organization’s request for rent relief during the pandemic for its hotel in a federally leased building. The Trump Organization, for which President Trump’s sons run the daily operations, asked the GSA to treat it like other federal tenants and provide financial relief during the pandemic. Following the news about the request for financial relief, two House committees pressed the GSA for information on the potential conflict-of-interest. The lawmakers said the president is “serving as both tenant and landlord” for the hotel. They also pointed out the hotel is banned from receiving relief loans from the CARES Act under a conflict-of-interest provision.

Lobbyist Register to Be Tightened After Monsanto Case
EU Observer – Nikolaj Nielson | Published: 5/27/2020

Updated European Union (EU) transparency rules set for the end of this year means lobbyists will have to declare much more accurate, and thus likely larger, figures on what they spend to influence decision-making. The EU’s joint transparency register is shared between the European Commission and the European Parliament and lists thousands of entities that work to influence EU legislation. The authority that oversees the register recently announced in a letter it would impose clearer rules to make sure lobbyists do not skirt their reporting obligations.

Republicans Sue Pelosi to Block House Proxy Voting During Pandemic
New York Times – Nicholas Fandos and Michael Schmidt | Published: 5/26/2020

Republican leaders sued Speaker Nancy Pelosi and top congressional officials to block the U.S. House from using a proxy voting system set up by Democrats to allow for remote legislating during the coronavirus pandemic, calling it unconstitutional. Republicans argued new rules allowing lawmakers to vote from afar during the coronavirus outbreak would be the end of Congress as it was envisioned by the nation’s founders. The lawsuit will face an uphill battle in the courts, where judges have been reluctant to second-guess Congress’s ability to set its own rules. But it fits into a broader push by Republicans to put a cloud of suspicion over Democratic efforts to find alternative ways to vote during the pandemic, both in the House and in elections across the country.

Trump Pushes a Conspiracy Theory That Falsely Accuses a TV Host of Murder
MSN – Peter Baker and Maggie Astor (New York Times) | Published: 5/26/2020

President Trump smeared a prominent television host from the Rose Garden with an unfounded allegation of murder. Trump all but accused Joe Scarborough, a former Republican member of Congress who now hosts the MSNBC show “Morning Joe,” of killing a staff member in 2001 even though he was 800 miles away at the time and the police ruled her death an accident. The president’s charge amplified a series of Twitter messages in recent days that have anguished the family of Lori Klausutis, who died when she suffered a heart condition that caused her to fall and hit her head on a desk. Trump doubled down on the false accusation even after Timothy Klausutis pleaded unsuccessfully for Twitter to take down the posts about his late wife because they were causing her family such pain.

Twitter Labels Trump’s Tweets with a Fact Check for the First Time
MSN – Elizabeth Dwoskin (Washington Post) | Published: 5/26/2020

For the first time, Twitter called tweets from Donald Trump “potentially misleading,” a decision that prompted the president to accuse the company of election meddling. Twitter highlighted two of Trump’s tweets that falsely claimed mail-in ballots would lead to widespread voter fraud, appending a message the company introduced to combat misinformation and disputed or unverified claims. It linked to a fact-check page filled with further links and summaries of news articles debunking the assertion. Twitter, which has long grappled with how to address Trump’s tweets, may now find itself under even greater pressure than before to act in a consistent and transparent manner.

Wealthiest Hospitals Got Billions in Bailout for Struggling Health Providers
MSN – Jesse Drucker, Jessica Silver-Greenberg, and Sara Kliff (New York Times) | Published: 5/24/2020

The Providence Health System, one of the country’s largest and richest hospital chains, received at least $509 million in government funds, one of many wealthy beneficiaries of a federal program that is supposed to prevent health care providers from capsizing during the coronavirus pandemic. The Department of Health and Human Services has disbursed $72 billion in grants since April to hospitals and other health care providers through the bailout program. So far, the riches are flowing in large part to hospitals that had already built up deep financial reserves to help them withstand an economic storm. Smaller, poorer hospitals are receiving tiny amounts of federal aid by comparison.

From the States and Municipalities

Arizona NoDDC PAC Violated Campaign Laws, Lawyer Rules
Scottsdale Progress – Wayne Schutsky | Published: 5/27/2020

The NoDDC PAC and its co-founder Jason Alexander committed multiple campaign finance law violations, according to a report by Phoenix City Attorney Cris Meyer, who proposed 1 $3,000 fine. Meyer found Alexander and NoDDC failed to report some payments over $250 and legal expenses, including a $5,000 city fine for a previous campaign violation that was paid for by Alexander’s personal account and then reimbursed through the PAC.

Arkansas Ruling Ends Wait for Political Donors
Arkansas Democrat-Gazette – Linda Satter | Published: 5/21/2020

A federal judge made his temporary injunction permanent in allowing Arkansas candidates for statewide office to accept campaign donations more than two years before an election. U.S. District Court Judge James Moody Jr.’s move reinforced his initial ruling that it is unconstitutional for the state to bar those contributions. In January, a three-judge panel of the Eighth U.S. Circuit Court of Appeals upheld Moody’s decision to grant a preliminary injunction against the state’s “blackout period” for accepting political donations

California Blind Spot: Lobbying behind California coronavirus contracts can stay secret
CalMatters – Laurel Rosenhall | Published: 5/26/2020

California law, despite all the disclosures it demands from lobbyists, does not require they report procurement work – including the $3 billion committed so far to masks, ventilators, and other supplies related to the coronavirus pandemic. As the state has signed hundreds of no-bid procurement contracts over the last two months, the public has very little information about the players involved in landing these deals and how much they are being paid. No lobbyist has been publicly accused of wrongdoing in connection with these contracts. A bill to require lobbyists to disclose procurement clients was vetoed by then-Gov. Jerry Brown in 2016.

Colorado Hickenlooper Says He Won’t Appear Before Colorado Ethics Body for Video Trial in June
Denver Post – Alex Burness | Published: 5/22/2020

Former Colorado Gov. John Hickenlooper, who is running for the U.S. Senate, says he will not appear for his own ethics trial if it proceeds by video, as currently scheduled. Hickenlooper’s attorney, Marc Grueskin, said their camp is prepared to sue in District Court if the state Independent Ethics Commission does not delay the hearing and allow for a new one at which Hickenlooper can consult in real time with his attorney. Hickenlooper was accused in 2018 of violating Amendment 41 of the Colorado Constitution, which bars state employees and officials from accepting gifts worth more than $53 per year.

Connecticut Dalios Pull Out of State Education Partnership, Attack GOP Reps
Connecticut Post – Kaitlyn Krasselt | Published: 5/20/2020

Barbara and Ray Dalio are exiting the Partnership for Connecticut, ending the arrangement that was touted in 2019 as a unique way to reach troubled youths, although they will maintain their commitment to the cause with at least $100 million. The partnership was plagued by problems almost from the start including criticism that Gov. Ned Lamont and the General Assembly made it exempt from Freedom of Information and state ethics laws.

Florida Federal Judge Guts Florida Law Requiring Felons to Pay Fines Before They Can Vote
MSN – Amy Gardner (Washington Post) | Published: 5/24/2020

A federal judge eviscerated a Florida law requiring felons to pay all court fines and fees before they can register to vote, clearing the way for thousands of Floridians to register in time for the November presidential election. Republican lawmakers and Gov. Ron DeSantis pushed the measure after voters approved a constitutional amendment in 2018 to expand voting rights to felons who have completed “all terms of their sentence including probation and parole.” The law’s backers said it was necessary to clarify the amendment, while critics said Republicans were trying to limit the effects of what would have been the largest expansion of the state’s electorate since poll taxes and literacy tests were outlawed during the civil rights era.

Florida Lobbyist Tied to Curry, JEA Bidder Paid City Hall’s Bar Tab at Jaguars Games
Florida Times Union – Staff | Published: 5/22/2020

Jacksonville Mayor Lenny Curry’s administration allowed a company owned by his political strategist Tim Baker, who lobbied for companies seeking money from the city and was contracted by a company that tried to purchase JEA, to cover the bar tab at City Hall’s private suite at TIAA Bank Field during the last two football seasons. Taxpayers purchased more than $13,000 in food that was ordered for city officials and their guests during the last two seasons, but they did not pay for the $4,642 worth of alcohol ordered. Instead, the stadium’s concession vendor discounted 50 percent of the alcohol purchases, and the remaining $2,300 was paid for by Bold City Strategic Partners, a firm owned by Baker.

Illinois Illinois House Speaker Michael Madigan Wins Latest Round in Suit Alleging Sham Candidates
Chicago Tribune – Ray Long | Published: 5/23/2020

Illinois House Speaker Michael Madigan won a federal court victory as he worked on wrapping up the shortened legislative session in Springfield. U.S. District Court Judge Matthew Kennelly denied a motion asking for him to reconsider his decision to dismiss a lawsuit that contended Madigan conspired to put up two “sham” candidates with Hispanic names to confuse voters in a 2016 Democratic primary.

Kentucky Citing Misuse of Funds, Kentucky Auditor Refers 3 County Attorney Offices to Law Enforcement
Louisville Courier Journal – Joe Sonka | Published: 5/21/2020

A report from state Auditor Mike Harmon identifies possible misuse of public funds in the offices of three county attorneys in Kentucky, including a lieutenant governor candidate in last year’s primary election. Harmon is referring his findings to the FBI and state Attorney General. The report found that of the $134,500 in bonuses Lawrence County Attorney Michael Hogan gave to his staff from delinquent tax fees from 2017 to 2019, 94 percent was paid to his wife, a secretary in the office. The audit report also found new information related to the former supervisor of the Boyd County Attorney’s Child Support Enforcement office, who was indicted on 77 charges last year relating to more than $113,000 allegedly fraudulently taken over a seven-year period.

Louisiana Judges’ Financial Disclosure Now Easily Available to the Public
KPLC – Staff | Published: 5/26/2020

For years, the public has been able to access financial disclosures of elected officials except for judges. But after being nudged by a watchdog group, the state Supreme Court is making such information more easily available to the public. The information is now easily searchable on the high court’s web site using the judge’s name or judicial district, while other elected state officials are on the state Board of Ethics site.

Maine Ethics Panel Wants to Look at Anti-Corridor Group’s Donors
AP News – Staff | Published: 5/23/2020

A group that opposes a hydropower transmission corridor in Maine must disclose financial information so the state ethics commission can continue investigating whether campaign finance laws were broken. Stop the Corridor spent more than $1 million on television and Facebook ads opposing the 145-mile transmission line earlier this year. But it never disclosed the source of the money.

Maryland Extra-Long Primary Season with Baltimore Mayoral Voters Behind Closed Doors Sees Spending on Mailers, Ads
Baltimore Sun – Talia Richman | Published: 5/26/2020

Under normal circumstances, Baltimore likely would know already who its next mayor is. The deep-blue city’s Democratic primary was supposed to be a month ago. But the coronavirus pandemic delayed the election, and that left candidates seeking funding for another 35 days of expensive campaigning. While earlier finance reports were peppered with $6,000 donations, the maximum amount a donor can directly give a candidate under state law, no candidate received more than a handful of such contributions during the most recent filing period. “If you were a low-financed candidates that was really going to be grassroots, you’re really stuck in a bad position [because of the pandemic],” said Roger Hartley, dean of the University of Baltimore’s College of Public Affairs. “Now you need more money because you have to be able to able to appeal on the airwaves.”

Michigan Feds Charge Ex-Macomb Public Works Boss Marrocco in Extortion Indictment
Detroit News – Robert Snell | Published: 5/27/2020

Federal prosecutors unsealed an indictment against former Macomb County Public Works Commissioner Anthony Marrocco, alleging he teamed with an underling to extort county contractors out of hundreds of thousands of dollars. The indictment portrays Marrocco as a tough-talking bully and a political kingmaker during a decades-long reign. He threatening to revoke municipal contracts, withhold permits and, in May 2016, removed an unidentified excavation firm from a multi-million-dollar sinkhole repair project because the company held a fundraiser for Marrocco’s political opponent, according to the government. Builders and contractors bought hundreds of thousands of dollars’ worth of tickets to fundraisers and some of the money financed Marrocco’s luxury lifestyle, prosecutors said.

Michigan Where Coronavirus Help on Facebook Is ‘Inherently Political’
New York Times – Jennifer Medina | Published: 5/28/2020

The coronavirus pandemic has unmoored already fragile institutions across the country, forcing many Americans to turn to one another for help instead of to the government or nonprofit organizations. With the belief that the system is so broken that assistance will never come, hundreds have formed mutual aid societies, designed to allow people to find help themselves. Though the groups’ efforts vary widely, similar attempts to offer assistance have formed in dozens of states. The groups are something of a throwback; such networks were popular in the heydays of communal activity, in the early 20th century and again in the 1960s and 1970s. The newest crop has been formed largely by young progressives, and their proliferation points to a new kind of organizing that could reshape politics long after the pandemic.

Mississippi Mississippi Lawmakers Approved $300M in Small Business Grants. Can They Apply for the Money?
Jackson Clarion-Ledger – Luke Ramseth | Published: 5/22/2020

The Mississippi Legislature passed a bipartisan bill that commits $300 million in federal coronavirus relief funds to small businesses. But can lawmakers who operate small businesses themselves apply for the money? That is the question Lt. Gov. Delbert Hosemann wants the state Ethics Commission to answer. The legislation specifically said lobbyists, businesses that hired a lobbyist, or ones involved in partisan political activities, could not apply for the program. But the bill did not say anything about the people who passed the bill.

Missouri No Lobbyist Gifts for State Lawmakers, But Local Officials in Missouri Still Get Freebies
St. Louis Post-Dispatch – Kurt Erickson | Published: 5/21/2020

Although Missouri lawmakers are banned from accepting all but the smallest gifts from lobbyists, local officials continue to rake in freebies from companies doing business with cities and counties. A review of reports filed with state ethics regulators shows tickets to St. Louis Cardinals and Blues games remain a popular staple with lobbyists and local officials.

Missouri Suit Against Missouri Governor Over Public Records Gets New Life
St. Louis Post-Dispatch – Kurt Erickson | Published: 5/26/2020

A state appeals court has revived a lawsuit against Missouri Gov. Mike Parson alleging his office violated the state’s public records laws. At issue is a 2018 lawsuit filed by Elad Gross, who is running for state attorney general. The suit accused Parson’s administration of breaking the Sunshine Law by requiring Gross pay more than $3,600 for a cache of records relating to former Gov. Eric Greitens, who left office under a cloud of scandal. In tossing the suit Cole County Circuit Court Judge Patricia Joyce said Parson’s administration, under Missouri law, had the discretion to charge or waive fees. But the appeals court said Joyce erred on five of the 10 points Gross made during an appeal.

Nebraska Nebraska Sees Increase in Lobbyists, Spending on Lobbyists
AP News – Staff | Published: 5/22/2020

Lobbyists in Nebraska raked in more cash than ever last year and more people joined their ranks to try to influence public officials, according to a new report. Lobbyists collected $19.4 million in gross earnings in 2019, Common Cause Nebraska said. The watchdog group said the total is a record, up from $17.8 million in 2018.

New York De Blasio’s NYC Campaign Account Hit with $16K Fine by Regulator
New York Post – Nolan Hicks | Published: 5/23/2020

The Campaign Finance Board hit New York City Mayor Bill de Blasio’s campaign with a $16,000 fine for violating a slew of regulations, including failing to promptly return excessive contributions from individuals with business before City Hall. It also determined de Blasio’s reelection effort broke other rules, including failing to report expenses or in-kind contributions that came from hosting 22 fundraisers, failing to disclose a dozen donations from late in the campaign cycle on required daily reports, and shelling out $6,700 in expenses it could not prove were in “furtherance of the campaign.”

Oklahoma Bill Could Hide Donor and Lobbyist Info from the Public
The Express-News – Ben Felder (The Frontier) | Published: 5/19/2020

A bill pushed through the Oklahoma Legislature in the final days of the session could prevent the public from knowing who is donating to PACs or who lobbyists are working for, a move that would bring significant secrecy to the legislative process. House Bill 3613 could result in the state’s electronic campaign reporting system being taken offline, according to Ashley Kemp, executive director of the state Ethics Commission. The bill would prevent state agencies from collecting any information that “identifies a person as a member, supporter, or volunteer of, or donor of financial or nonfinancial support to, any entity organized pursuant to Section 501(c) of the United States Internal Revenue Code.”

Rhode Island R.I. Senate Leaders Propose Allowing Email Voting
Providence Journal – Patrhick Anderson | Published: 5/26/2020

More than two months after Rhode Island General Assembly sessions were put on hold by the coronavirus pandemic, the state Senate is moving toward allowing lawmakers to vote remotely. A resolution sponsored by Senate Democratic leaders would give lawmakers who do not feel comfortable gathering at the statehouse the option of voting by email.

Washington Wash. Campaign Finance Watchdog Blocks Some Online Access in Wake of Unemployment Fraud
Oregon Public Broadcasting – Austin Jenkins | Published: 5/26/2020

At the request of a powerful state senator who warned of “foreign intrusion,” the Washington Public Disclosure Commission (PDC) temporarily suspended online access to the personal financial statements of elected officials, candidates, and other public officials. The F-1 statements, as they are known, include information about an individual’s income, assets, property holdings, debt, and business associations. Sen. Sam Hunt said he had both warned that the “PDC is being assaulted by international data thieves from China, Russia, and Germany.”

Washington DC Jack Evans Fined $35,000 by Ethics Board as Voters Weigh Returning Him to Office
Washington Post – Fenit Nirappil | Published: 5/22/2020

The District of Columbia’s ethics board fined former city council member Jack Evans $35,000 for violations related to his outside employment while in office, as voting started in the primary election where Evans is attempting to reclaim his old seat. The negotiated settlement wraps up a probe that started more than two years ago scrutinizing the ties between Evans and businesses that employed him as a lawyer or consultant. The board found Evans violated the city code of conduct governing conflicts-of-interest.

Wisconsin Wisconsin Elections Commission Votes to Send Absentee Ballot Applications to 2.7 Million Voters
Wisconsin Public Radio – Shawn Johnson | Published: 5/27/2020

The state would send about 2.7 million registered voters absentee ballot applications under a motion approved by the Wisconsin Elections Commission. The state would send absentee ballot applications to nearly all registered voters to prepare for Wisconsin’s November election. Roughly 62 percent of all votes in Wisconsin’s April election were cast by mail as voters heeded advice from both state and federal government to stay home to slow the spread of COVID-19. Turnout for the November election is expected to double that of the spring election.

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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