Campaign Finance

National: “Two GOP Operatives Indicted for Allegedly Routing Money from Russian National to Support Trump Campaign” by Felicia Sonmez and Isaac Stanley-Becker (Washington Post) for MSN

Rhode Island: “Former State Official to Pay Fine to Settle Ethics Complaint” by Associated Press for Bowling Green Daily News

Elections

Canada: “Trudeau’s Party Wins Canada Vote but Fails to Get Majority” by Rob Gilles (Associated Press) for MSN

Ethics

National: “Threats Against Members of Congress Are Skyrocketing. It’s Changing the Job.” by Sarah Wire (Los Angeles Times) for Yahoo News

National: “Democrats Begin Effort to Curb Post-Trump Presidential Powers” by Charlie Savage (New York Times) for Yahoo Finance

Massachusetts: “Ex-Mayor, Elected at Age 23, Gets 6 Years in Corruption Case” by Alanna Durkin Richer (Associated Press) for Yahoo News

Redistricting

Florida: “Senate Redistricting Chair Vows to Redeem Process as He Plans to Limit Public’s Input” by Mary Ellen Klas (Miami Herald) for MSN

Michigan: “Facing Tight Timeline, Voter-Led Michigan Redistricting Commission on Steep Learning Curve” by Clara Hendrickson (Detroit Free Press) for MSN

Campaign Finance

National: “The FEC Unanimously Rejected Matt Gaetz’s Complaint Against Twitter Over an Alleged 2018 ‘Shadow Ban’” by Brian Metzger (Business Insider) for Yahoo News

Florida: “Anti-Mask FL GOP Bookkeeper Dies of COVID – Leaving Party Without Access to Finance Software” by Brett Bachman (Salon) for MSN

Elections

National: “‘It’s Spreading’: Phony election fraud conspiracies infect midterms” by David Siders and Zach Montellaro (Politico) for MSN

Ethics

Illinois: “Sources Say Chicago Ald. Jim Gardiner Allegedly Tried to Pay Campaign Worker with Tax Dollars” by Mariah Woelfel for WBEZ

New Mexico: “Grand Jury Indicts Ex-Lawmaker in Alleged Kickback Scheme” by Morgan Lee (Associated Press) for MSN

New York: “Ethics Panel Apparently Ignored Complaint About Inspector General” by Chris Bragg for Albany Times Union

Lobbying

Europe: “Dark News: The murky world of undercover EU lobbying” by Mark Scott for Politico

Montana: “Montana Doesn’t Always Draw a Straight Line from Groups to Their Lobbying” by Sam Wilson for Helena Independent Record

Gov. Kay Ivey called a special session of the Alabama Legislature to convene on September 27.

The purpose of the special session is to address the state’s prison infrastructure.

A copy of a draft bill has already been presented to the legislators containing a multi-phase plan including the construction of two new prison facilities and other necessary renovations to existing facilities, which will be funded in part by a $785 million bond issue and $400 million from federal COVID relief funding.

Campaign Finance

Rhode Island: “RI Donor-Disclosure Laws Upheld Again; Conservative Group Says It Will Appeal to High Court” by Patrick Anderson (Providence Journal) for MSN

Elections

Georgia: “Fulton Board Gets New Chair as Georgia Reviews Its Elections” by Kate Brumback (Associated Press) for Yahoo News

North Carolina: “North Carolina Judges Strike Down State’s Voter ID Law” by Gary Robertson (Associated Press) for MSN

Ethics

National: “Roger Stone Served ‘a Big, Big Stack of Papers’ from Capitol Riot Lawsuit During Radio Interview” by Timothy Bella (Washington Post) for Seattle Times

National: “Powell Orders Ethics Review After Fed Presidents Disclosed Multimillion-Dollar Investments” by Thomas Franck for CNBC

Lobbying

National: “Lawmakers Launch Investigation into Climate Crisis Disinformation by Fossil Fuel Industry” by Ella Nilsen (CNN) for MSN

Florida: “Tallahassee Ethics Board Proposing Stronger Lobbying Ordinances, Expanded Role” by Karl Etters (Tallahassee Democrat) for MSN

Missouri: “Lawmakers Renting from Lobbyists Less Often in Jefferson City” by Jack Suntrup for St. Louis Post-Dispatch

The U.S. Court of Appeals for the 1st Circuit upheld Rhode Island’s campaign finance law requiring the identification of donors in political advertisements.

The state law requires disclosure of independent expenditures totaling more than $1,000 to the Board of Elections with a listing of the candidate or referendum involved and all individual donors who gave more than $1,000.

The top five donors must also be listed in the ad itself.

The groups challenging the constitutionality of the law said they would appeal the issue to the Supreme Court

The Fair Political Practices Commission (FPPC) has announced that on October 21 the Commission will consider proposed regulations concerning behested payment reporting.

The regulation seeks to shed light on a growing problem occurring in California elections, large donations being made to candidate-controlled charities in place of trackable political contributions.

The regulation, prospectively codified as § 18424.3, would increase the reporting requirements to the behested payment report.

The regulations will require more detailed disclosures as to the name of the payor and the “single source” of the behested payment.

The South Carolina Senate will convene for a special session on October 12.

Senate President Harvey Peeler hopes to limit the session’s scope to federal COVID-19 funding and redistricting, as provided in the adjournment resolution passed in May.

Leaders in the state House have not announced any plans to convene.

National/Federal

Delta Variant Postpones K Street’s Full Return
MSN – Kate Ackley (Roll Call) | Published: 9/14/2021

On the cusp of Memorial Day back in May, most lobbyists were gearing up for a more normal return to their in-person work life, as they began to reemerge for meetings on Capitol Hill and sessions with clients and colleagues. The rise of the delta variant, however, has prompted most firms to postpone requirements for employees to return to the office, and many K Street denizens said most of their advocacy activities and team meetings remain virtual.

Election Fraud Cases Sow Doubts About Legal Profession’s Future
Bloomberg Law – Melissa Heelan | Published: 9/14/2021

Attorneys behind dismissed cases over alleged fraud in the 2020 presidential election have been cited for violating professional standards requiring candor in the courtroom and barring the filing of lawsuits not backed up by fact or law. Charles Geyh, a legal ethics professor at Indiana University, said courts rose to the occasion, but the discipline might not be enough to stop lawyers from being involved in similar challenges in the future. No one’s been disbarred yet despite calls from some for severe discipline. Sanctions range from a temporary license suspension for Rudy Giuliani to judicial dressing downs and orders to pay court costs.

FEC Finds Twitter Didn’t Break Law by Blocking Spread of Hunter Biden Story
New York Times – Shane Goldmacher and Kate Conger | Published: 9/13/2021

The FEC ruled Twitter did not break election laws when it blocked users from sharing links to a New York Post story about Joe Biden’s son, Hunter Biden. The FEC said Twitter’s actions in blocking the spread of the article were made with valid commercial reason, not a political purpose, making them legal, a decision that is likely to set a precedent for future cases involving social media sites and federal campaigns. The FEC used the same reasoning to side with Snapchat and reject a complaint from the Trump campaign. The campaign argued the company provided an improper gift to Biden by rejecting Trump from its Discover platform.

Fed’s Kaplan, Rosengren to Sell All Stocks Amid Ethics Concerns
MSN – Catarina Saraiva and Craig Torres (Bloomberg) | Published: 9/10/2021

The presidents of the Federal Reserve banks of Boston and Dallas said they are selling their individual stock holdings by September 30, in moves aimed at appeasing ethical concerns over their trading activity last year. Boston Fed chief Eric Rosengren and the Dallas Fed’s Robert Kaplan released near-identical statements after their most recent financial disclosure documents showed active trading in a range of investments during a year in which the central bank took sweeping policy actions to protect the U.S. economy from Covid-19. They both said they would invest the proceeds of their sales in diversified index funds or hold them in cash.

Former Chancellor Philip Hammond Cleared of Breaking Rules After His Lobbying of Treasury Was Ruled Only ‘Incidental’
Yahoo News – Henry Dyer (Business Insider) | Published: 9/10/2021

Lord Philip Hammond, the former Chancellor of the Exchequer, was cleared of breaking lobbying rules when he contacted a senior Treasury official on behalf of a bank he was working for. Former ministers are generally barred from trying to influence the government on behalf of clients. But Hammond’s activity was deemed acceptable by an independent regulator on the grounds it was “incidental.” Critics said the ruling highlights flaws in the Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act, passed in 2014.

Giuliani Associate Igor Fruman Pleads Guilty in Campaign-Finance Case
MSN – Shayna Jacobs (Washington Post) | Published: 9/11/2021

A Soviet-born businessperson who assisted Rudolph Giuliani in his Ukrainian political efforts on behalf of former President Trump pleaded guilty to violating campaign finance laws, as others charged in the case prepare to stand trial. Igor Fruman, who was arrested with co-defendant Lev Parnas at Dulles International Airport in 2019, entered a guilty plea to one count of soliciting foreign campaign contributions.

GOP Online Donation Platform Tweaks Fees, Sending Millions More to Midterm Campaigns
Yahoo News – Isaac Isenstadt (Politico) | Published: 9/16/2021

Republicans are making a small change to their online fundraising program that could have a big impact on the party’s finances heading into the 2022 midterm election. WinRed, the GOP’s principal small-dollar donation processor, is lowering the fees it charges candidates and committees for each contribution they receive through the platform. The shift, which follows months of behind-the-scenes deliberations involving the party’s senior officials, could result in millions of dollars more being funneled into campaign coffers next year.

GOP Senate Candidates Backed Legal Challenges to the 2020 Election
MSN – Bridget Bowman (Roll Call) | Published: 9/15/2021

At least nine Republican U.S. Senate candidates have a political résumé with a contentious item: filing or actively supporting one of the failed lawsuits that furthered former President Trump’s false claims that the 2020 election was rife with fraud. Since many GOP candidates support Trump’s claims, participating in lawsuits could help some stand out in crowded Republican primaries, where they need to win over Trump supporters who say voter fraud played a role in President Biden’s win. Some Democrats think focusing on the 2020 election could be a liability for Republicans in the midterms with voters who rejected Trump’s divisive rhetoric or his unfounded concerns about the validity of the last election.

McCarthy Asks Supreme Court to Overturn House Proxy Voting Rules Adopted as Pandemic Precaution and Used by Nearly 100 Republicans
MSN – Amy Wang (Washington Post) | Published: 9/10/2021

House Minority Leader Kevin McCarthy is asking the U.S. Supreme Court to review and overturn the House’s proxy voting rules, which were adopted last year to allow lawmakers to cast votes remotely as a pandemic precaution. McCarthy criticized proxy voting as a “power grab” and “a raw abuse of power” by Speaker Nancy Pelosi, who along with many Democrats pushed for the historic rule change at the beginning of the pandemic.

Revised Democratic Voting Bill Drops Controversial Provisions, Tweaks Others as Pressure for Action Mounts
MSN – Mike DeBonis (Washington Post) | Published: 9/14/2021

A group of Democratic senators, including key centrist Joe Manchin III, introduced a pared-down voting rights, campaign finance, and government ethics bill in hopes of building momentum for its passage through a closely divided Senate. The new Freedom to Vote Act retains significant portions of the For the People Act, Democrats’ marquee voting legislation that passed the House this year but was blocked by a Senate filibuster. Tt also discards significant pieces and tweaks others, largely to placate Manchin and indulge his hopes of building enough Republican support to pass the bill.

Struggle for Control of Afghanistan Comes to K Street
New York Times – Kenneth Vogel | Published: 9/15/2021

A leading figure in the Afghan resistance has retained a lobbyist to seek military and financial support in the U.S. for a fight against the Taliban. Ahmad Massoud, the leader of one of the most prominent groups of fighters seeking to oust the Taliban from power, signed the contract with Robert Stryk, who built a lobbying practice during the Trump administration working with clients that others on K Street were wary of representing. The contract, which indicates the work will be pro bono, comes as an array of Afghan constituencies are seeking lobbying help as they jockey for recognition in Washington and the international community.

From the States and Municipalities

Alaska – GOP Lawmaker Who Refused to Follow Mask Mandate While Flying Says She Can’t Get to the Alaskan Capital
MSN – Derek Hawkins (Washington Post) | Published: 9/11/2021

An Alaska lawmaker requested an excusal from the state Senate until mid-January, citing the challenges of traveling to Juneau from Anchorage after she was suspended from flying on Alaska Airlines earlier this year. Sen. Lora Reinbold requested the excusal through January 15. She said she was unaware of any other airline flying to the state capital during that period. The airline banned her indefinitely in the spring after she clashed with staffers over the airline mask mandate issued by federal transportation officials.

Arkansas – Dentist Guilty of Conspiring to Bribe Former Arkansas Lawmaker Hutchinson
Arkansas Democrat-Gazette – Ron Wood | Published: 9/14/2021

Benjamin Burris, an orthodontist who operated clinics across Arkansas, pleaded guilty in federal court to one count of bribing former state Sen. Jeremy Hutchinson to pass laws to benefit Burris’s businesses. Burris paid Hutchinson $157,500 between February 2014 and November 2016. Hutchinson, then a practicing lawyer, was paid monthly retainers that nominally were for legal services. But he was also expected to introduce and lobby for laws or regulatory changes Burris wanted, the indictment said.

California – Newsom Soundly Defeats California Recall Attempt
MSN – Phil Willon, Taryn Luna, and Julia Wick (Los Angeles Times) | Published: 9/14/2021

California Gov. Gavin Newsom survived a historic recall election, winning a major vote of confidence during a COVID-19 pandemic that has tested his ability to lead the state through the largest worldwide health crisis in modern times. The recall offered Republicans their best chance in more than a decade to take the helm of the largest state. But the effort was undercut when Newsom and the nation’s leading Democrats, aided by visits to California by President Biden and Vice President Kamala Harris, portrayed the campaign to oust the governor as a “life and death” battle against “Trumpism” and far-right anti-vaccine activists.

California – Recology Agrees to Pay $36 Million for Role in Bribes to City Official
MSN – Megan Cassidy (San Francisco Chronicle) | Published: 9/10/2021

Three waste management companies that are part of Recology Inc. agreed to pay $36 million for their role in a corruption scheme that included kickbacks to former San Francisco Public Works Director Mohammed Nuru. The resolution comes as federal prosecutors announced a charge of conspiracy to commit honest services fraud against the three subsidiaries, which officials said conspired to bribe Nuru for favorable treatment with the trash company’s city contracts. In his former role, Nuru had considerable sway in the rate-setting process with Recology.

Colorado – Unregistered Redistricting Lobbying Complaint to Receive Full Investigation After Colorado Secretary of State Approves Probe
Colorado Springs Gazette – Evan Wyloge | Published: 9/15/2021

An investigation into whether a secretly funded nonprofit organization has been illegally lobbying Colorado’s redistricting commissioners will move forward after the secretary of state found enough evidence to warrant a full probe. The decision to further investigate Colorado Neighborhood Coalition, the 501c4 nonprofit organization run by longtime Republican operatives at the center of the complaint, could have broad implications for the transparency now required around the redistricting process, and comes after several efforts to influence the redistricting commissions without full transparency have emerged.

Florida – Florida Official Sentence to 5 Years in Corruption Case
MSN – Brendan Farrington (Associated Press) | Published: 9/9/2021

A federal judge sentenced former Tallahassee City Commissioner Scott Maddox to five years in prison after he pleaded guilty to charges related to public corruption. Maddox’s business associate, Paige Carte-Smith, was sentenced to two years for her role. Prosecutors said Maddox would send clients to Carter-Smith’s lobbying firm after he returned to the city commission in 2012, and she would then pay Maddox for his influence. Maddox was first elected to the commission in 1990 and later served as the Tallahassee mayor until 2003.

Florida – Tallahassee City Commissioner Calls for Ethics Reforms Following Maddox Trial
WFSU – Valerie Crowder | Published: 9/10/2021

A former Tallahassee commissioner’s public corruption trial has sparked calls for ethics reform. Former Commissioner Scott Maddox was sentenced to five years in federal prison for orchestrating a bribery scheme through his lobbying firm. City Commissioner Jeremy Matlow is proposing six policy recommendations aimed at making it harder for public officials to abuse their power. They include requiring all city officials to detail any meetings related to city business they have with paid lobbyists and report contact logs with anyone paid to influence policy.

Hawaii – What Civil Beat’s Salary Database Tells Us About the Embattled Auditor’s Office
Honolulu Civil Beat – Richard Wiens | Published: 9/12/2021

When the Honolulu Civil Beat published the salaries and job titles of more than 48,000 state workers, they included the payrolls of two agencies whose directors have made a lot of headlines lately: the state auditor’s office and the Hawaii Ethics Commission. Auditor Les Kondo has been under fire from a working group that found his office was producing inadequate performance audits. Ethics Commission Director Dan Gluck generated controversy after he was nominated to become a judge on the Hawaii Intermediate Court of Appeals. The salary database shows how the offices led by Kondo and Gluck have evolved over the last decade.

Idaho – Former Idaho Legislator Faces Arrest Warrant on Two Felony Charges – Including Rape
Idaho Statesman – Hayat Norimine | Published: 9/10/2021

The former Idaho legislator who resigned earlier this year after a House ethics committee hearing now faces two felony charges, including one for rape. An arrest warrant has been issued for former state Rep. Aaron von Ehlinger, who stepped down after a 19-year-old legislative intern’s accusation of sexual assault. Von Ehlinger has denied any wrongdoing, saying his actions with the intern were consensual. He resigned just hours after the ethics panel recommended expelling him from his seat, following a finding he engaged in “conduct unbecoming.”

Illinois – Chicago Sky Owner Michael Alter Fined by City Ethics Board for Seeking Mayor Lori Lightfoot’s Help on Gambling License Without Registering as a Lobbyist
MSN – Gregory Pratt (Chicago Tribune) | Published: 9/15/2021

Michael Alter, owner of the Chicago Sky basketball team in the WNBA, was fined $5,000 for lobbying Mayor Lori Lightfoot without registering. Alter emailed first lady Amy Eshleman in December to ask for the mayor’s help obtaining a gambling license for his team. In the email, Alter noted he previously discussed the issue with Lightfoot. Lobbyists are required to register with the city and report contact with city departments. Alter has not registered as a lobbyist in Chicago dating back to 2013.

Illinois – Ethics Bill Clears Illinois House on Second Try, Will Head Back to Governor
Journal Gazette and Times-Courier – Peter Hancock (Capitol News Illinois) | Published: 9/9/2021

The Illinois House voted to accept changes to an ethics bill that Gov. J.B. Pritzker requested, paving the way for it to become law once the governor signs it. Senate Bill 539 cleared both chambers during the spring session. It contained enough reforms, such as increased financial disclosure requirements and limits on the ability of elected officials to lobby other units of government, so many lawmakers believed it was the best they could get at the time. But a few weeks after it passed, Legislative Inspector General Carol Pope submitted her intent to resign, saying the bill would weaken her office by limiting the types of investigations she could conduct.

Illinois – Ethics Board Finds Probable Cause Ald. Gardiner Violated Ethics Ordinance Twice
WTTW – Heather Cherone | Published: 9/15/2021

The Chicago Board of Ethics found there is probable cause to believe Ald. Jim Gardiner violated the city’s ethics ordinance by using his office to retaliate against his political foes. Gardiner will have a chance to challenge the board’s determination, which could result in fines ranging between $200 to $5,000 per violation. The finding adds to the beleaguered alderman’s woes. It was reported that Gardiner is under federal investigation for allegedly accepting bribes and demanding payments before taking official actions.

Kentucky – Woman Pleads Guilty to Lying About Boss’s Lexington Council Campaign Donation Scheme
MSN – Jeremy Chisenhall (Lexington Herald-Leader) | Published: 9/15/2021

Elizabeth Stormbringer pleaded guilty to perjury and lying to the FBI in a scheme to circumvent campaign finance laws in a Lexington City Council race. Officials at the time were investigating potential campaign finance crimes committed by her boss at a real estate development company. She also admitted to lying under oath while she testified before the grand jury. Investigators discovered she made a $1,000 donation to a council candidate in 2018 and then received a $1,000 check from her boss, Timothy Wellman. He was an executive at CRM Companies who had a development project the council considered.

Louisiana – Former State Parks Employee Fined for Violating Ethics Laws
KATC – Staff | Published: 9/13/2021

The Louisiana Board of Ethics fined a former parks employee $26,000 after finding he accepted payments from production companies filming in his park in violation of state law. Arthur Schick worked for an agency within the Louisiana Department of Culture, Recreation, and Tourism. The board found he received a total of $13,000 in compensation from various film production companies between 2015 and 2017. When a production company signs an agreement to use a park, they pay a damage fee to cover any costs incurred by their work. The board said Schick was adding on a “site rep” fee, and he was depositing that in his own bank account.

Maryland – Maryland Elections Officials Ask Michael Steele to Prove He’s Following Campaign Law
MSN – Pamela Wood (Baltimore Sun) | Published: 9/14/2021

Michael Steele, the former Maryland lieutenant governor who is contemplating a run for governor, must disclose information about his exploratory campaign to show he is not violating campaign finance laws. The Maryland State Board of Elections sent a letter to Steele requesting the details by October 11. It came in response to a complaint that Steele was improperly using a federal account to raise and spend money for a future state campaign in Maryland.

Massachusetts – Campaign Finance Reform Pitched as Way to Diversify Candidate Pool
WWLP – Chris Lisinski (State House News Service) | Published: 9/15/2021

Lawmakers are again pushing to add childcare to the list of allowable campaign finance expenses in Massachusetts, buoyed by a legislative commission’s endorsement of the change last year, a growing list of more than a dozen states that have already deployed similar reforms, and the possibility that a new top campaign finance regulator will embrace the proposal. A bill before the Election Laws Committee would explicitly allow candidates to use their campaign accounts to cover childcare costs while the parent is occupied with running for office.

Massachusetts – Former Top House Democrat Sentenced to 15 Months in Prison for Fraud
WWLP – Matt Murphy (State House News Service) | Published: 9/15/2021

A federal judge sentenced former Massachusetts Rep. David Nangle to 15 months after Nangle pleaded guilty earlier this year to illegally using campaign funds to fund a lifestyle that included golf club memberships and casino trips to Connecticut and lying to banks about his debt to obtain mortgages and other loans. Prosecutors said during the period covered by their investigation, Nangle was heavily in debt and gambling at various casinos, using campaign funds to rent cars to travel to casinos and even paying someone at Mohegan Sun to collect his winnings so he did not have to pay income taxes.

Massachusetts – Wu and Essaibi George Will Advance as Top Candidates in Historic Race for Boston Mayor
MSN – Emma Platoff (Boston Globe) | Published: 9/15/2021

Michelle Wu and Annissa Essaibi George, two daughters of immigrants and longtime Boston City Council members who have struck dramatically different tones on the campaign trail to become the city’s next mayor, are advancing to November’s general election. Either would be the first woman of color Boston has ever elected mayor, a historic shift. But the contest between them will nonetheless test the city’s appetite for change.

Michigan – FBI Seized Towing Docs, Electronics and Records for Benson Aide During Detroit City Hall Raid
Detroit News – Robert Snell and Sarah Rahal | Published: 9/14/2021

FBI agents investigating Detroit City Hall corruption seized electronics, towing paperwork, shredded documents, and payroll records for Emberly Vick, an aide of Detroit City Councilperson Scott Benson, during a recent raid. The document confirms media reports that said the corruption investigation was focused on Detroit towing operations in what amounts to the broadest public corruption probe in the eight years since former Mayor Kwame Kilpatrick was convicted of racketeering conspiracy. Vick has not been charged with any wrongdoing.

New Jersey – Activist Assails ELEC for Deleting Dismissed Campaign Finance Complaints from Its Website
Politico – Matt Friedman | Published: 9/14/2021

The New Jersey Election Law Enforcement Commission (ELEC) has for years quietly been disposing complaints against politicians it dismissed by deleting them from its website. Now, after an activist whose tips to the commission led to multicount complaints against two Democrats noticed those complaints were dismissed with no public justification and little public disclosure, ELEC said it is taking that policy “under advisement.”

New Mexico – Gonzales Shifts Course, Turns to Private Donors
Albuquerque Journal – Jessica Dyer | Published: 9/14/2021

Hours after losing another round in his prolonged legal fight for public campaign financing, Bernalillo County Sheriff Manuel Gonzales said he will try a new tack in the 2021 mayor’s race in Albuquerque. Gonzales said he would turn to private donors for support, forgoing his quest to get taxpayer money for his campaign. The decision concludes his monthslong battle over $600,000 in public campaign cash. Gonzales’ battle sustained a blow when a state judge ruled City Clerk Ethan Watson had taken the appropriate actions necessary to deny Gonzales the taxpayer money and rejected Gonzales’ claims that Watson was biased.

New York – Hochul Leaves Door Open to Probe of Cuomo Campaign Spending
Albany Times Union – Joshua Solomon | Published: 9/9/2021

New York Gov. Kathy Hochul is leaving the door open for a potential investigation into how former Gov. Andrew Cuomo is spending roughly $18 million of campaign cash after he resigned from office in the wake of an investigation that found he sexually harassed multiple women. The response comes as watchdogs are calling for the state Board of Election chief enforcement officer Michael Johnson to investigate Cuomo’s spending from his campaign account. Common Cause filed a formal complaint with the Board of Elections.

New York – James Says JCOPE Leak Referral Was Improper
Albany Times Union – Chris Bragg and Joshua Solomon | Published: 9/14/2021

New York Attorney General Letitia James informed the Joint Commission on Public Ethics (JCOPE) that her office will not presently be able to investigate the leak of confidential information to then-Gov. Andrew Cuomo in 2019. JCOPE had passed a motion seeking to make a criminal referral to James’ office, which asked for an investigation into the apparent leak. In her letter, James cited the state law creating JCOPE, which created much-criticized special voting rules that can serve to protect politicians from scrutiny.

North Carolina – NC Lawmakers Turn to Funding Once Ruled Unethical. Are Their $14,000 Salaries the Cause?
MSN – Lucille Sherman (Raleigh News and Observer) | Published: 9/13/2021

Last fall, North Carolina lawmakers repealed a rule that barred lawmakers from collecting state money to cover food, lodging, and travel while working at the General Assembly and simultaneously using campaign accounts to pay for the same housing, meals, and travel in Raleigh, a practice that a campaign watchdog has described as “double dipping.” The move protected at least two lawmakers who had continued to use campaign funds for housing while collecting the state per diem stipends for food and lodging, between May and October last year. This year, about a dozen lawmakers have used both sources of funding.

Pennsylvania – Pennsylvania GOP Lawmakers Approve Wide-Ranging Subpoenas for Personal Information of 2020 Voters
MSN – Elise Viebeck and Rosalind Helderman (Washington Post) | Published: 9/15/2021

Republican lawmakers in Pennsylvania authorized a series of broad subpoenas for personal information on voters as part of an expanding effort to review the results of the 2020 election. The move drew a sharp rebuke from Democrats, who described the effort as insecure and unwarranted, said they would consider mounting a court fight. Among other requests, Republicans are seeking the names, dates of birth, driver’s license numbers, last four digits of Social Security numbers, addresses, and methods of voting for millions of people who cast ballots in the May primary and the November general election.

Tennessee – Tennessee Valley Authority Accused of Funding ‘Dirty Energy Lobbyists’
Courthouse News Service – Rosana Hughes | Published: 9/9/2021

In a federal lawsuit, a coalition of environmental conservation groups are seeking to force the Tennessee Valley Authority (TVA) to address a petition to regulate the agency’s spending, alleging the public utility funds “dirty energy lobbyists” with customer money. The coalition sifted through the TVA’s financial and other public records and counted hundreds of third-party organizations, such as the Edison Electric Institute, that receive TVA dollars. Those organizations, the conservationists say, “routinely make political donations, engage in legislative lobbying, … and pursue other forms of political advocacy that promote fossil fuel interests ….”

Texas – Austin ISD Stands by Hire of Ex-State Official Who Resigned Amid Ethics Allegations
MSN – Nicole Foy (Austin American-Statesman) | Published: 9/10/2021

Austin Independent School District leaders say they are standing behind the decision to hire as general counsel a former state government official who resigned in 2017 amid allegations of ethics violations. The district hired Stuart Bowen, a lawyer and former Texas Health and Human Services inspector general, as its general counsel in August. Bowen in 2017 was forced to resign his position as the state’s top insurance fraud investigator after allegations arose that he was also working for a lobbying firm that represents the Iraqi government.

Texas – Texas Governor Signs Bill Prohibiting Social Media Giants from Blocking Users Based on Viewpoint
MSN – Cat Zakrzewski (Washington Post) | Published: 9/9/2021

Texas Gov. Greg Abbott signed a bill that would prohibit large technology companies from blocking or restricting people or their posts based on their viewpoint, setting the stage for a legal battle with the tech industry. The law applies to social media companies with more than 50 million monthly active users in the U.S., including Facebook, Twitter, and Google’s YouTube, and requires them to create reports on any illegal or potentially policy-violating content, as well as build a complaint system, where people could challenge companies’ decisions to remove content or flag illegal activity.

Virginia – Campaign Funds Can Be Used for Child Care, Virginia AG Says
Virginia Mercury – Graham Moomaw | Published: 9/10/2021

Attorney General Mark Herring said candidates in Virginia can use campaign funds to pay campaign-related child-care expenses, an opinion that puts the state in alignment with federal election rules but has little immediate impact due to Virginia’s anything-goes campaign finance system. Proponents of the child-care exemption say it gives parents of young children, particularly women, more freedom to run for office without worrying about a hit to their family budget.

Wisconsin – How Wisconsin Is Ruled by a Shadow Governor
Yahoo News – Daniel Vock (Politico) | Published: 9/15/2021

For nearly three years, Wisconsin Assembly Speaker Robin Vos has used his GOP majority, and the support of the Republicans who control the state Senate, to block, thwart, or resist almost every significant move made by Democratic Gov. Tony Evers. Governors asserted unprecedented powers in the early days of the coronavirus pandemic, and lawmakers in many states chafed at the broad executive reach. But few have done more to constrain gubernatorial power than Vos, the president of the National Conference of State Legislatures.

Hawaii’s Kauai County Prosecuting Attorney Justin Kollar will step down this month from the job he’s held for nearly a decade, clearing the way for a special election to determine who will next lead the office.

A special primary election is scheduled for December 18 followed by a special general election on February 26, 2022.

Kollar, who will leave the county on September 30, has accepted a job as chief of staff for the nonprofit Fair and Just Prosecution and plans to relocate to California.

The acting prosecutor for Kauai will be Rebecca Like, who has worked in the county prosecutor’s office since 2010.

The veto session of the first regular session of the 101st Missouri General Assembly adjourned sine die on September 16 with no vetoes overturned by the Legislature.

During the session, House Majority Leader Dean Plocher was chosen to succeed Speaker Rob Vescovo, who will exit in 2023 due to term limits.

The appointment must be approved by the House during the 2023 session, and Plocher will continue in his current role as majority floor leader until then.

This does not affect lobbyist reporting.

New York Rep. Victor Pichardo’s resignation was effective this week, leaving the 86th Assembly District seat vacant.

Lt. Gov. Brian Benjamin’s former Senate District 30 seat is also vacant following his elevation to the lieutenant governor position.

Special elections will be held on November 2 to fill both seats. Winners of the special elections will serve until December 31, 2022.

The Arkansas Legislature will return from its extended recess on September 29, continuing the regular session of the 93rd General Assembly.

According to the schedule released by Senate President Pro Tempore Jimmy Hickey, the General Assembly will return to vote on redistricting before adjourning the 2021 session sine die.

After each census, the state redraws the boundaries for seats in the General Assembly as well as the boundaries of the districts for its seats in the United States Congress.

The legislative districts are decided by the Board of Apportionment, which consists of the governor, secretary of state, and attorney general. The board and its staff use census data to redraw the 100 districts of the Arkansas House of Representatives and the 35 districts of the Arkansas Senate so districts within each chamber represent roughly the same number of people.

Drawing boundaries for the state’s federal congressional districts is the responsibility of the General Assembly. The number of districts in the state will remain at four based on the population count from 2020, but the distribution of the population has shifted away from rural areas toward more urban areas.

A registered lobbyist who lobbies members of the General Assembly is required to file a monthly report due 10 days after the end of the month for any month the General Assembly is in session.

Hickey stated he hoped the General Assembly would continue for only three days, meaning the session will likely continue into the month of October. If the session continues into October, a monthly lobbyist activity report will be due November 10, which is 10 days after the end of the month.

Campaign Finance

New Jersey: “Activist Assails ELEC for Deleting Dismissed Campaign Finance Complaints from Its Website” by Matt Friedman for Politico

New Mexico: “Gonzales Shifts Course, Turns to Private Donors” by Jessica Dyer for Albuquerque Journal

Elections

Massachusetts: “Wu and Essaibi George Will Advance as Top Candidates in Historic Race for Boston Mayor” by Emma Platoff (Boston Globe) for MSN

Pennsylvania: “Pennsylvania GOP Lawmakers Approve Wide-Ranging Subpoenas for Personal Information of 2020 Voters” by Elise Viebeck and Rosalind Helderman (Washington Post) for MSN

Ethics

National: “Fed’s Kaplan, Rosengren to Sell All Stocks Amid Ethics Concerns” by Catarina Saraiva and Craig Torres (Bloomberg) for MSN

Illinois: “Ethics Board Finds Probable Cause Ald. Gardiner Violated Ethics Ordinance Twice” by Heather Cherone for WTTW

Louisiana: “Former State Parks Employee Fined for Violating Ethics Laws” by Staff for KATC

Legislative Issues

Wisconsin: “How Wisconsin Is Ruled by a Shadow Governor” by Daniel Vock (Politico) for Yahoo News

Lobbying

Colorado: “Unregistered Redistricting Lobbying Complaint to Receive Full Investigation After Colorado Secretary of State Approves Probe” by Evan Wyloge for Colorado Springs Gazette

Illinois: “Chicago Sky Owner Michael Alter Fined by City Ethics Board for Seeking Mayor Lori Lightfoot’s Help on Gambling License Without Registering as a Lobbyist” by Gregory Pratt (Chicago Tribune) for MSN

Iowa Gov. Kim Reynolds issued a proclamation to convene a special legislative session on October 5 to consider and enact a plan of legislative and congressional districting.

This does not affect lobbyist reporting.