On November 3, voters in Arkansas approved a constitutional amendment to impose term limits for state legislators.

Issue 2 creates term limits of 12 consecutive years for state legislators with the opportunity to return after a four-year break.

Arkansas previously had a 16-year lifetime term limit for state legislators.

The 12-year limit will apply to anyone elected in 2021 or after.

Those first elected to the legislature before 2021 will keep the state’s existing term limit of 16 years, but they will be eligible to run for election again after four years.

As of 7:00 a.m. November 4, with more than 95% of the precincts reporting, the amendment passed 55.4% to 44.6%.

On November 3, voters in Utah approved a constitutional amendment to modify the commencement date of the annual Utah legislative session.

Senate Joint Resolution 3, or Amendment F, amends the commencement of the legislature from the fourth Monday in January to a day in January designated by state statute.

Previously, if the state legislature wished to change the session start date, lawmakers would need to amend the state constitution by passing a constitutional amendment by a two-thirds vote of the legislature.

The amendment would then require statewide voter approval.

Under Amendment F, the legislature will be able to change the session start date in state statute, which requires a simple majority vote in the legislature and does not require voter approval.

The amendment also excludes state holidays that are not also federal holidays from counting toward the 45-day limit of annual general sessions.

Amendment F will take effect January 1, 2021.

As of 7:00 a.m. November 4, with more than 76% of the precincts reporting, the amendment passed 66.8% to 33%.

Incumbent Lt. Gov. and Republican Spencer Cox defeated candidate Chris Peterson 64% to 30% in Utah’s gubernatorial race.

Cox, the top finisher among state Republican convention delegates, beat three GOP candidates in the June 30 party primary.

Those are former Gov. Jon Huntsman Jr., former Utah House Speaker Greg Hughes, and former Utah Chairman Thomas Wright.

Peterson, a University of Utah law professor who worked on consumer issues in the Obama administration, won the Democratic nomination outright at his party’s state convention and did not face a primary in his first run for public office.

Cox will succeed Republican Gov. Gary Herbert.

Herbert chose not to run for reelection after more than a decade in office and endorsed Cox in the hotly contested GOP gubernatorial primary.

Campaign Finance

National: “The FEC Says Jill Stein, Who Raised $7.3 Million to Recount the 2016 Election, Owes Them More Than $66,000 for Campaign Finance Violations” by Charles Davis for Business Insider

Oregon: “Oregon Opens Door for Campaign Finance Limits” by Dirk VanderHart for OPB

Elections

National: “As America Awaits a Winner, Trump Falsely Claims He Prevailed” by Alexander Burns and Jonathan Martin for New York Times

National: “Republicans Clinging to Senate Majority” by Seung Min Kim and Paul Kane for Washington Post

Ethics

National: “Mueller Investigated Julian Assange, WikiLeaks, and Roger Stone for DNC Hacks” by Jason Leopold and Ken Bensinger for BuzzFeed News

Canada: “Ethics Committee Debates New Motion That Could Relaunch Study into WE Charity Scandal” by Christopher Nardi (National Post) for MSN

Arizona: “After Waymo Moved Business to State, Ducey Pressed for Its Google Affiliate to Get a $24M, No-Bid Contract” by Craig Harris (Arizona Republic) for USA Today

Missouri: “Amendment 3: Effort to overturn Clean Missouri redistricting poised to pass narrowly” by Austin Huguelet for Springfield News-Leader

Virginia: “In Va., Gun-Control Fight Gives Rise to Movement for County-Approved Militias” by Gregory Schneider (Washington Post) for MSN

Campaign Finance

National: “How ActBlue Has Transformed Democratic Politics” by Elena Schneider for Politico

National: “Florida Businessman Pleads Guilty in Fraud Case Involving Giuliani Associates” by Josh Gerstein for Politico

National: “A Government Watchdog Says White House Chief of Staff Mark Meadows Spent Campaign Funds on Personal Expenditures” by Yelena Dzhanova for Business Insider

Kansas: “Kansas State Parties Didn’t Disclose Which Candidates They’re Backing and Attacking” by Chance Swaim for Wichita Eagle

Oregon: “Portland Man Files Complaint to Enforce Oregon’s 2006 Campaign Contribution Limits” by Hillary Borrud (Portland Oregonian) for Spokane Spokesman-Review

Wisconsin: “Wisconsin Republican Party Says Hackers Stole $2.3 Million” by Scott Bauer (Associated Press) for Yahoo News

Elections

National: “Supreme Court Moves in Pennsylvania and North Carolina Set Up Potential Post-Election Court Fight Over Mail-In Ballots” by Jeremy Herb for CNN

Ethics

New York: “State Elections Commissioner Held Another Role: Political party official” by Chris Bragg for Albany Times Union

Texas: “City Ethics Commission Wrestles with Access During Pandemic” by Elizabeth Pagano for Austin Monitor

Lobbying

Indiana: “Indiana’s Speaker of the House Is Registered as a Lobbyist in New York City” by Adam Wren for Indianapolis Monthly

A group of nonpartisan organizations concerned with good governance in Illinois issued a statement calling for the immediate release of the Report of the Joint Commission on Ethics and Lobbying Reform.

The Commission was supposed to release the report on March 31.

Citing the unprecedented challenges of the COVID-19 pandemic, the committee members requested an extension in April.

However, this request was denied, leaving the completion date for the report open-ended.

In August, a group of Democratic lawmakers proposed a package of ethics reform bills for the General Assembly to take up during the veto session scheduled to begin on November 17.

Later that month House and Senate Republicans issued a demand for meetings of the Joint Commission on Ethics and Lobbying Reform to resume immediately.

No meetings have occurred and no report has been issued as the November 17 veto session approaches.

Campaign Finance

National: “Top FEC Official’s Undisclosed Ties to Trump Raise Concerns Over Agency Neutrality” by Mike Spies and Jake Pearson for ProPublica

National: “Cruz Fights to Get Back Money He Loaned Campaign” by Megan Mineiro for Courthouse News Service

Colorado: “Judge Denies Advocacy Group’s Attempt to Suspend Colo. Campaign Finance Enforcement” by Michael Karlick for Colorado Politics

Elections

Minnesota: “Federal Appeals Court Suggests Late-Arriving Minnesota Ballots May Be Tossed” by Zach Montellaro for Politico

Ethics

Canada: “Ethics Commissioner Clears Morneau of Accepting Gift from WE Charity” by Joan Bryden (Canadian Press) for CTV

Hawaii: “Retired Hawaii Official Fined $5K for Accepting Free Meals” by Staff for Associated Press News

Maryland: “Following Pugh Scandal, UMMS Seeks a ‘Fresh Start’ in Implementing Auditor-Recommended Ethics Changes” by Ben Leonard (Baltimore Sun) for Yahoo News

Ohio: “2 Ohio Political Operatives Plead Guilty in Bribery Probe” by Andrew Welsh-Huggins for Associated Press News

Lobbying

National: “How the NFL’s Gridiron PAC Uses Influence in Washington” by Michael Rothstein for ESPN

Redistricting

Arizona: “Judge Won’t Delay Appointments to Arizona’s Redistricting Panel Despite Lawsuit” by Howard Fischer (Capitol Media Services) for Arizona Daily Star

National/Federal

Administration Plans to Nominate Bipartisan Pair to Hobbled FEC
Roll Call – Kate Ackley | Published: 10/28/2020

After leaving so many vacancies at the FEC that it could not hold meetings for most of the 2020 campaign cycle, the Trump administration said it planned to nominate a bipartisan pair to the hobbled agency. President Donald Trump’s picks are Republican Sean Cooksey, who serves as general counsel to Sen. Josh Hawley, and Shana Broussard, who currently serves as counsel to FEC member Steven Walther. Broussard, if confirmed, would be the first Black commissioner in the agency’s 45-year history.

Ballrooms, Candles and Luxury Cottages: During Trump’s term, millions of government and GOP dollars have flowed to his properties
MSN – David Fahrenthold, Josh Dawsey, Jonathan O’Connell, and Anu Narayanswamy (Washington Post) | Published: 10/27/2020

Since his first month in office, President Trump has used his power to direct millions of dollars from U.S. taxpayers, and from his political supporters, into his own businesses. The president brought taxpayer money to his businesses simply by bringing himself. He has visited his hotels and clubs more than 280 times, making them a familiar backdrop for his presidency. Documents show visits by Trump, his family, and his supporters have turned the government and the Republican Party into regular customers for the family business. In the case of the government, Trump’s visits turned it into a captive customer. What the government needed from Trump’s properties, it had to buy from Trump’s company.

Coronavirus Cases Are Surging Again. These States Have Refused to Loosen Rules on Who Can Vote by Mail.
MSN – Elise Viebeck and Arelis Hernandez (Washington Post) | Published: 10/26/2020

Texas is one of five red states that emerged as conspicuous holdouts this year as the rest of the country rushed to loosen voting rules because of the coronavirus pandemic. Most of the roughly 30 million registered voters who live there, and in Indiana, Louisiana, Mississippi, and Tennessee have no choice but to cast ballots in person this fall, even as the rate of coronavirus in the U.S. approaches its third peak. The situation underscores how the nation’s decentralized election systems and Republican opposition to mail voting this year are translating into vastly different voting experiences for Americans, depending on where they live. Legal challenges to the voting limits have foundered in some courts, rejected by a federal judiciary that has shifted rightward under President Trump.

COVID-19 Legislation, Postelection Prep Keep K Street Busy
Roll Call – Kate Ackley | Published: 10/21/2020

Negotiations over the federal response to the COVID-19 crisis have fueled the lobbying sector this year, as K Street firms and corporate representatives now turn their attention to the coming tumult after the November elections. Some of the nation’s biggest spenders on federal lobbying, including the U.S. Chamber of Commerce, the National Association of Realtors, Facebook, and Amazon, reported shelling out more money on influence campaigns so far this year than they did during the first three quarters of 2019. The biggest lobbying firms, such as Brownstein Hyatt Farber Schreck, also reported increasing revenue this year.

Democrats in Pennsylvania, North Carolina Claim Key Wins at Supreme Court Ahead of Election
MSN – Robert Barnes (Washington Post) | Published: 10/28/2020

Democrats won two significant U.S. Supreme Court victories involving voting deadlines in key battleground states, as the justices allowed extended periods for receiving mail-in ballots in Pennsylvania and North Carolina. They declined to disturb decisions that allow Pennsylvania officials to receive ballots cast by Election Day and received within three days, and a ruling by North Carolina’s elections board that set a grace period of nine days. In both cases, the Republican Party and GOP legislators had opposed the extensions, and President Trump has railed on the campaign trail about the mail-in vote.

Facebook Tries to Block Tool Aimed at Promoting Transparency Around Political Ads
Politico – Mark Scott | Published: 10/23/2020

Facebook told researchers at New York University (NYU) to stop using a digital tool that tracks how people are targeted with political ads ahead of the November 3 election. The demand centers on the academics’ use of a web browser plug-in that gives Facebook users a way to share specific political ads they are seeing on the site. Political advertisers primarily target their ads to specific demographic groups, so the NYU tool, which collects roughly 16,000 ads each week, allows researchers to see how campaigns and other groups are crafting messages to voters based on race, age, location, or other criteria.

Guns at Voting Sites Emerge as Flash Point in Michigan Amid Nationwide Election Tension
MSN – Mark Berman (Washington Post) | Published: 10/26/2020

As tensions mount ahead of Election Day, a legal battle in Michigan is highlighting fears some officials and civil rights groups have about what will happen when people show up at polling sites with guns – which is legal in numerous jurisdictions across the U.S. Many Americans will be able to show up at their polling locations with guns, something that has unnerved law enforcement officials and experts nationwide at time of anxiety over whether clashes or violence could break out before, on, or after Election Day. Gun rights supporters argue law-abiding gun owners should be able to continue carrying their weapons where doing so is allowed. Exactly where that is allowed varies widely, echoing the way the country’s election processes vary from state to state.

How Trump Abandoned His Pledge to ‘Drain the Swamp’
Anchorage Daily News – Josh Dawsey, Rosalind Helderman, and David Fahrenthold (Washington Post) | Published: 10/25/2020

In the closing weeks of the 2016 election, Donald Trump led cheering supporters in chants of “drain the swamp,” promising he would completely disrupt the culture of Washington, D.C. He warned of the power of lobbyists and political donors who he said effectively bought off elected officials. He told voters he was uniquely prepared to take on the issue, because he knew personally as a donor how the system worked. But during his four years in office, Trump has taken few steps to clean up Washington. He has instead presided over a norm-shattering expansion of private interests in government.

In Campaign’s Closing Days, Disinformation Arrives Via Text Message and Email
MSN – Isaac Stanley-Becker and Tony Romm (Washington Post) | Published: 10/28/2020

A video sent to voters falsely claimed Joe Biden wants to give “sex changes to second-graders.” A menacing directive advised Democrats to vote for Trump “or else.” And a years-old photograph newly circulated with erroneous instructions for how to blow past a purported poll watcher on Election Day. These deceptive, 11th-hour messages are not finding their way to Americans via the now well-trodden paths of Facebook and Twitter. Instead, they are arriving in waves of text messages and emails, making use of a more intimate and less heavily scrutinized vector of disinformation than the social networking services manipulated four years ago as part of Russia’s interference in the 2016 election.

International Election Observers in the U.S. Consider This Year the Most Challenging Ever
Washington Post – Carol Morello | Published: 10/22/2020

If legal controversy engulfs the 2020 elections, state Supreme Courts may be thrust into the prominent role of referee for the presidential race for the first time in two decades, placing new focus on judicial appointees that have increasingly shown partisan leanings. The Brennan Center found more than $500 million has been poured into state Supreme Court elections since 2000, reinventing the one-time “sleepy low-dollar contests,” as Douglas Keith of the Brennan Center put it, into an arena for dark money and political dogfights. And while both sides of the partisan divide have sought to gain an edge in the judicial arms race, conservative groups have prioritized efforts to tip the balance of these crucial courts.

Judge Orders Justice Department to Verify Its Filings in Flynn Case
Politico – Kyle Cheney | Published: 10/23/2020

The federal judge presiding over the criminal case against former national security adviser Michael Flynn ordered the Department of Justice (DOJ) to conduct an unusual review of its filings in the case and certify whether any have been manipulated. The order is a signal of intense distrust between the judge, Emmet Sullivan, and the DOJ, whose filings are typically accepted at face value. In this case, the DOJ has acknowledged two documents it previously filed – handwritten notes taken by former FBI Agent Peter Strzok and former FBI Deputy Director Andrew McCabe – were altered “inadvertently” to include inaccurate dates. Sullivan’s demand will force the DOJ to confront tricky interpretations of handwritten notes that the department and Flynn’s legal team have relied on to seek the dismissal of the prosecution.

Judge Rejects Justice Dept. Bid to Short Circuit Defamation Case Brought by Woman Who Accused Trump of Rape
Washington Post – Matt Zapotosky, Devlin Barrett, and Shayna Jacobs | Published: 10/27/2020

A federal judge rejected the Justice Department’s bid to make the U.S. government the defendant in a defamation lawsuit brought by a woman who says President Trump raped her several years ago, paving the way for the case to again proceed. U.S. District Court Judge Lewis Kaplan wrote Trump did not qualify as an “employee” under federal law, nor was he acting “within the scope of his employment” when he denied during interviews that he had raped journalist E. Jean Carroll more than two decades ago in a New York City department store. Carroll sued Trump over that denial. The Justice Department argued Trump was “acting within the scope of his office as President of the United States” when he disputed Carroll’s allegations.

Lobbying Firm Cuts Ties with Turkey Under Pressure
Politico – Theodoric Meyer | Published: 10/23/2020

The lobbying firm Mercury Public Affairs scrapped its $1 million contract Turkish government following a pressure campaign by Armenian-American activists incensed by Turkey’s support for Azerbaijan in ongoing hostilities with Armenia. The effort recalls the push to convince K Street firms representing Saudi Arabia’s government to cut ties with the kingdom in 2018 after Jamal Khashoggi was murdered in the Saudi consulate in Istanbul. The Washington Post, where Khashoggi had been a contributing opinion writer, threatened to bar two lobbyists from writing columns for the paper unless their firms stopped working for Saudi Arabia. The pressure ultimately led five lobbying firms to sever ties with the kingdom.

Miles Taylor Revealed as ‘Anonymous’ Writer of Insider Warnings About Trump
MSN – Colby Itkowitz and Josh Dawsey (Washington Post) | Published: 10/28/2020

Miles Taylor, the ex-chief of staff in the Department of Homeland Security who has spent the past two months building a case against reelecting President Trump, revealed himself to be the presidential critic from inside the administration known only as “Anonymous.” Taylor, who served in the administration for two years, wrote in a post revealing his identity that his criticisms of Trump were “widely held among officials at the highest levels of the federal government. In other words, Trump’s own lieutenants were alarmed by his instability.” Using the nom de plume, Taylor first wrote a New York Times op-ed in 2018 purporting to be among a group of people inside the administration working to protect the country from the president’s worst instincts.

Politicization of State Supreme Courts Looms Over Possibility of Contested Vote
ABC News – Olivia Rubin and Lucian Bruggeman | Published: 10/22/2020

As the eyes of the world focus on the U.S. election, teams of international observers are heading out across the United States amid concerns about the vote’s integrity. For the ninth time, observers affiliated with the Organization for Security and Cooperation in Europe (OSCE) have come to the United States to watch over an election and recommend improvements, a mission little-noticed by most Americans. But the 2020 campaign is different. As fears rise about voter suppression, violence, and a potentially contested outcome, the Europeans say they hope their efforts will help assure Americans the vote is legitimate.

Trump’s Attacks on Political Adversaries Are Often Followed by Threats to Their Safety
MSN – Greg Miller and Isaac Stanley-Becker (Washington Post) | Published: 10/28/2020

The CIA’s Security Protective Service monitors thousands of threats to public officials across social media and Internet chat rooms. Over time, a pattern has emerged: violent messages surged each time the analyst was targeted in tweets or public remarks by President Trump. Targets encompass nearly every category of government service: mayors, governors, and members of Congress, as well as officials Trump has turned against within his own administration. The dynamic appears to be without precedent – government agencies taking extraordinary measures to protect their people from strains of hostility stoked by a sitting president.

Twitter Launches ‘Pre-Bunks’ to Get Ahead of Voting Misinformation
NBC News – David Ingram | Published: 10/28/2020

Twitter said it would begin placing messages at the top of users’ feeds to pre-emptively debunk false information about voting by mail and election results, an escalation of the company’s battle against misinformation. Twitter is calling the messages a “pre-bunk,” something it says it has never done, because the debunking is not a reaction to an existing tweet with misinformation. Twitter, Facebook, Google, and other tech companies are racing to make last-minute changes to prepare their services for an expected rise in misinformation, election interference or even civil unrest as officials prepare to begin counting votes November 3.

From the States and Municipalities

Alabama – Supreme Court Restores Ban on Curbside Voting in Alabama
Politico – Josh Gerstein | Published: 10/21/2020

A divided U.S. Supreme Court reinstated a state-ordered ban on curbside voting in Alabama, despite claims from disabled and at-risk voters that making them vote inside polling places puts them in danger of contracting the coronavirus. The justices stayed a lower-court injunction that lifted the prohibition on drive-through voting that was issued by Alabama’s secretary of state. Justice Sonia Sotomayor argued that allowing curbside voting was a “modest” accommodation to those at greatest risk of severe illness or death from Covid-19.

Arizona – Dead Contributor Among Questions Raised Over Phoenix Mayor Candidate’s Campaign Filings
Arizona Republic – Jen Fifield, Farah Eltohamy, and Jose-Ignacio Castaneda Perez | Published: 10/24/2020

Among the dozens of donors listed as contributing to Tim Seay’s campaign for Phoenix mayor is Marvin Cox, a former fire chief in Maywood, Illinois. Cox is listed as contributing $5,000 on July 3. But he died more than a year earlier, in May 2019. His is one of several contributions on Seay’s campaign finance reports that raise questions, including others that came from people who said had not donated to his campaign. In an email, Seay said generally he knows he has “made some mistakes” on his campaign finance reports. He said that was due to his lack of experience as a candidate and inability to find an experienced campaign manager.

Arizona – Top Democrats Sue Over Arizona Redistricting Panel List
Associated Press News – Bob Christie | Published: 10/23/2020

Democratic leaders of the Arizona Legislature say two of five independents chosen by a judicial panel as potential chairpersons of a commission that will redraw political district boundaries next year are not legally eligible for the post. They want the nominees replaced with qualified people. The lawsuit alleges utility company executive and attorney Thomas Loquvam is not qualified because he is registered as a lobbyist. They also are challenging Robert Wilson, a gun store owner who is registered as an independent but has held rallies for President Trump and other Republicans. They say that shows he is not truly an independent as the constitution requires.

California – Gig Companies Open the Door to Campaigning by App
Politico – Katy Murphy | Published: 10/26/2020

Rideshare and delivery companies are not only spending record sums, they are wielding their own platforms and using customer data to win on Proposition 22, a November ballot measure that would exempt some gig companies from a California law that classifies many freelance workers as full-time employees. The moves by Uber, Lyft, and others show what is possible, technologists and legal experts say, when tech companies brush past norms and consumer expectations, leveraging their influence and everything they know about the public for their political advantage. Given how much data is stored on their servers, data privacy experts fear the companies themselves could influence the electorate when they face an existential threat like the gig companies do in California.

California – SLO County Board Wants to Cap Campaign Conations at $25,000 – More Than 5 Times State Limit
San Luis Obispo Tribune – Lindsay Holden | Published: 10/21/2020

The San Luis Obispo County Board of Supervisors directed staff members to prepare an ordinance to cap political donations at $25,000 per person, an amount that is five times the statewide limit that will go into effect next year. Assembly Bill 571 will limit campaign contributions at $4,700 starting in January 2021 in all cities and counties that do not already have their own election finance laws.

Colorado – Court of Appeals: Colorado ethics commission not subject to CORA or state open meetings law
Colorado Freedom of Information Coalition – Jeffrey Roberts | Published: 10/27/2020

Neither the Colorado Open Records Act nor the Open Meetings Law applies to the constitutionally created state commission that investigates allegations of ethical misconduct involving public officials, the state Court of Appeals ruled. Rejecting the Glendale mayor’s argument that a District Court has jurisdiction to review the Colorado Independent Ethics Commission’s denial of his records requests, a three-judge appellate panel determined the commission is not a state agency or public body subject to the open-government laws.

Colorado – Denver City Council Votes Down Money Transfer from Fair Elections Fund
Westworld – Connor McCormick-Cavanagh | Published: 10/26/2020

The Denver City Council voted against pulling money from a municipal campaign finance fund and putting it toward other priorities in the 2021 budget. Denver voters passed a measure creating the Fair Elections Fund, which began collecting an annual allocation of approximately $2 million from the city budget starting in 2020. The fund can hold no more than $8 million per election cycle; candidates will have access to it for the first time during the 2023 Denver municipal elections. During the comment period, many speakers talked about the importance of the fund to encourage grassroots candidacies.

Connecticut – FBI Probes New Haven City Contract; Harp Wiretapped, Says Fraudster Tried to Set Her Up
Connecticut Mirror – Paul Bass (News Haven Independent) | Published: 10/21/2020

Then-New Haven Mayor Toni Harp walked out of Jack’s Steakhouse in 20109 with an envelope filled with thousands of dollars of cash handed to her by an accused money launderer. A city contract followed and a federal grand jury investigation. But it is unclear who was up to what. Harp had dinner that night with her top aide, Andrea Scott; city Controller Daryl Jones; and entrepreneur Derek Bluford, who is under federal indictment for financial fraud and was looking for a way to lessen his prison sentence. The group had been discussing a contract Bluford wanted the city to give a company with which he was involved. And they discussed his help in raising money for Harp’s reelection campaign. Bluford handed Harp an envelope as they left. Harp and Scott said they did not open the envelope until later, when they were shocked to find $7,000 in cash rather than legitimate individual campaign contribution checks.

Florida – A ‘Dark Money’-Funded Ballot Measure in Florida Could Make It Harder to Pass Future Amendments
MSN – Jonah Goldman Kay (Business Insider) | Published: 10/29/2020

In the next election cycle after 2020, Florida voters might not pass any constitutional amendments. If passed, an initiative on the ballot this year, Amendment 4, would require any future amendments to be passed in two consecutive elections. Only one other state, Nevada, has a similar requirement in its constitution. The “Are You Sure” measure was sponsored by Keep Our Constitution Clean, a secretive nonprofit with ties to a major business advocacy organization in Florida. Opponents of the amendment say it is another attempt from the Republican-led Legislature to suppress the vote by making it more difficult to get amendments on the ballot.

Georgia – In Georgia, Democrats Target the True Silent Majority: People who don’t vote
New York Times – Astead Herndon | Published: 10/28/2020

Over 100 million eligible, voting-age Americans did not vote in 2016, more than the number who voted for either presidential candidate. In traditional swing states like Pennsylvania and Wisconsin, most observers believe turnout is largely fixed and campaigns succeed based on their ability to persuade a set of voters. But in the new set of battleground states in the South, as well as Arizona, the priority is converting nonvoters into voters. The thinking is that If the Democratic Party can reshape the electorate with new arrivals to the state, well as greater participation from Black residents and immigrants, a red state becomes a blue one. But experts who study nonvoting populations warn the work of changing electorates is hard and complicated. There is no such thing, they say, as an inevitable demographic destiny.

Illinois – Flossmoor Trustee Resigns So He Can Keep Lobbying Chicago City Hall
WTTW – Heather Cherone | Published: 10/22/2020

Chicago lobbyist Gyata Kimmons resigned his elected position as a Flossmoor village trustee, citing rules that took effect months ago prohibiting elected officials from lobbying Mayor Lori Lightfoot and other city departments. The village announced Kimmons’ resignation the same day The Chicago Tribune published a report detailing how after aldermen banned elected officials from lobbying city government, he on two occasions exchanged emails directly with Lightfoot on behalf of Unibail–Rodamco–Westfield, a real estate company he lobbies City Hall on behalf of tenants at O’Hare International Airport. Kimmons was notified by Chicago that he had to immediately decide between lobbying the city professionally or holding public office.

Illinois – Inspector General Should Probe Cook County Commissioner, Chief of Staff Amid Pot Firm Revelations, Ethics Experts Say
Chicago Sun-Times – Tom Schuba | Published: 10/21/2020

A Cook County commissioner and her chief of staff should be investigated for joining a fledgling marijuana company after serving as state cannabis regulators, government ethics experts said. Cook County Commissioner Bridget Degnen acknowledged she is working with Americanna Dream, a startup seeking licenses to operate recreational marijuana dispensaries. The Sun-Times has since learned her chief of staff and general counsel, Tara Meyer, is also partnered with the company, which is among 21 finalists. Susan Garrett, chairperson of the Center for Illinois Politics, said there are simply “too many missing pieces to this puzzle” and recommended the Illinois Office of the Executive Inspector General probe the matter.

New Hampshire – Pappas Confirms Relationship with Ex-Lobbyist, Says Mowers Crossed a Line
Manchester Union-Leader – Josie Albertson-Grove | Published: 10/22/2020

U.S. Rep. Chris Pappas’ campaign confirmed he is dating a former lobbyist after his opponent brought up the relationship in a debate but said it has had no bearing on his votes. The campaign said Pappas and Vann Bentley are in a relationship. Bentley left a job as a lobbyist for Amazon in August 2019. Members of Congress are not barred from having and are not required to disclose romantic relationships with lobbyists.

New Jersey – State Education Department Orders Suspension of Paterson BOE Member
Bergen Record – Joe Malinconio (Paterson Times) | Published: 10/26/2020

The New Jersey Department of Education ordered that Paterson school board member Emanuel Capers be suspended for six months for taking a free trip to an Arizona resort from a company looking for a contract from the district. The company, Woz U, eventually got a contract from Paterson Public Schools for online courses, but never received any payment from the district for its services. Interim Education Commissioner Kevin Dehmer’s decision largely agrees with a state ethics commission ruling but softened the panel’s suggested penalty. The commission had called for Capers’ removal from office. Prior to the ethics panel decision, an administrative law judge had ruled in Capers’ favor.

Ohio – Attorney General Challenges Legality of Householder Using $1M Campaign Cash for Legal Fees
MSN – Marc Kovac (Columbus Dsipatch) | Published: 10/22/2020

State Attorney General Dave Yost said he would file a complaint with the Ohio Elections Commission after it was disclosed that former House Speaker Larry Householder used campaign cash to cover legal fees since his July arrest on federal corruption charges. Yost said the spending was illegal and he directed staff in his office to pursue a formal complaint. Householder’s pre-general election campaign finance filing included seven expenditures since July totaling more than $1 million to three law firms. Federal prosecutors allege Householder used “dark money” from FirstEnergy and related entities to support the campaigns of his supporters and block referendum efforts to overturn 2019 nuclear bailout legislation.

Ohio – Ohio’s Drop-Box Dispute Shows How Voting Rights Groups and Democrats Fear Trump’s Influence
MSN – Michael Kranish (Washington Post) | Published: 10/27/2020

An alliance of voting and civil rights groups – noting federal recommendations call for one ballot drop box for every 15,000 to 20,000 voters – sued Ohio Secretary of State Frank LaRose, declaring his decision to limit the boxes to one per county was the definition of voter suppression. At a time when many people do not want to go to the polls due to the pandemic, or do not trust the U.S. Postal Service to deliver ballots on time, the groups said drop boxes are vital. The battle in Ohio underscores the fears of Democrats and voting rights advocates about the influence President Trump’s false claims about fraud via mail-in ballots and drop boxes could have over voters’ ability to cast a ballot and the counting of ballots.

Ohio – What Actually Happened with FirstEnergy’s $158K Checks to Ohio Politicians
MSN – Jessie Balmert (Cincinnati Enquirer) | Published: 10/23/2020

Newly released records show what actually happened with mysterious checks that FirstEnergy cut to Ohio politicians shortly before a massive bribery investigation came to light.  Between July 6 and July 16, FirstEnergy’s PAC issued checks worth $158,000 to Ohio Senate, House, and state Supreme Court candidates. But many candidates said they never received that money. FEC reports from the committee now show FirstEnergy canceled $103,000 in checks to 43 Ohio House candidates and state Supreme Court candidates Judi French and Sharon Kennedy on September 17. What happened to the remaining $55,000? FirstEnergy PAC sent that money to 20 Ohio Senate candidates. The checks, issued July 6, were not voided. But only one was cashed for certain.

Oregon – Judge Rules City Must Open Investigation into Portland Mayor Ted Wheeler’s $150,000 Loan to His Campaign
OPB – Rebecca Ellis | Published: 10/23/2020

A judge ruled the city auditor must examine a complaint into Portland Mayor Ted Wheeler’s $150,000 loan to his own re-election campaign. Voters approved strict campaign finance limits in 2018 including a $5,000 cap on how much candidates can loan themselves. But City Auditor Mary Hull Caballero decided not to enforce the self-funding portion of the charter, saying it conflicts with the U.S. Supreme Court precedent and would inevitably be struck down by the court. Multnomah County Circuit Court Judge Thomas Ryan ruled the auditor had to follow the rules in the charter and city code and look into the complaint that alleged Wheeler violated campaign finance rules with his loan.

Oregon – Kate Brown Struck Secret Deal with Oregon Homebuilders Over Wildfire Codes, Lobbyists Say on Tape
Street Roots – Chris May | Published: 10/21/2020

After Oregon’s homebuilders lobby tried, but failed, to block regulations allowing local governments to implement their own wildfire safety standards in new construction, it is now relying on a secret agreement with Gov. Kate Brown to ensure those standards are not mandated statewide in fire-prone regions. Street Roots obtained secretly made recordings of this agreement being discussed at high-level meetings between Portland and Oregon Home Builders Association board members and top lobbyists. The audio provides a rare window into how one of the state’s most influential industries holds sway over critical public policy issues through lobbying, “revolving-doors,” and access to influential lawmakers.

Pennsylvania – Ballots Can’t Be Tossed Out Over Voter Signature, Court Says
Associated Press News – Marc Levy | Published: 10/23/2020

The Pennsylvania Supreme Court ruled unanimously on a key concern surrounding an avalanche of mailed ballots, prohibiting counties from rejecting them if the voter’s signature on it does not resemble the signature on the voter’s registration form. Republican lawmakers and President Trump’s campaign had argued the law is clear election officials must compare the information on the mail-in ballot envelope, including a voter’s signature, to a voter’s information on file to determine a person’s qualifications to vote. But the justices disagreed, as did a federal judge in a separate case brought earlier the Trump campaign.

Tennessee – Tennessee Sen. Joey Hensley Defends Prescribing Opioids to Relatives, Lover
The Tennessean – Brett Kelman | Published: 10/26/2020

A lawyer for state Sen. Joey Hensley conceded the politician, a small-town doctor, prescribed opioids to family members and an employee with whom he was in a romantic relationship, in what the state contends is a violation of medical ethics. Attorney David Steed said it was well-intentioned, harmless, and all but unavoidable for Hensley to prescribe to relatives in a small Tennessee town where he is the only available physician. Francine Baca-Chavez, a state attorney prosecuting the case, asked the Tennessee Board of Medical Examiners to put Hensley on professional probation for three years and require him to attend classes on safe prescribing and medical ethics.

Utah – Republican Burgess Owens May Have to Refund Thousands of Dollars in Campaign Donations
Salt Lake Tribune – Bryan Schott | Published: 10/27/2020

Burgess Owens, the Republican nominee in Utah’s Fourth Congressional District, appears to be at the center of a campaign finance controversy with a week to go until Election Day. Owens’ campaign accepted more than $135,000 in illegal campaign contributions, which is approximately 40 percent of the money he has available for the stretch run to the election. All the donations in question have a notation on the report that the amounts are not permitted, and the campaign is waiting for written directions from the donors about what to do with the cash. FEC rules allow donors to reallocate excessive amounts to another member of the household, or to another election, so long as that person is not also over the limit. The other option is a refund. It is not clear whether the campaign has indeed remedied the disputed donations.

Wisconsin – Supreme Court Won’t Extend Wisconsin Ballot Deadline
Politico – Josh Gerstein and Zach Montellaro | Published: 10/26/2020

The U.S. Supreme Court declined to reinstate a court-ordered extension of the deadline for the receipt of absentee ballots in Wisconsin, siding with Republicans in a battle over election procedures amid the ongoing coronavirus pandemic. The high court brushed aside complaints from Democrats and civil rights groups that enforcing the usual deadline of Election Day could leave thousands of ballots uncounted due to postal service changes and the massive number of voters seeking to vote by mail instead of in person. A District Court judge in Wisconsin issued an order pushing back the state’s due date for mail ballots from the close of polls on Election Day to November 9, as long as they were postmarked by November 3. A three-judge panel of the Seventh U.S. Circuit Court of Appeals suspended the lower court’s ruling.

Wyoming – Wyoming Gun Rights Group Fights Ruling to Disclose Donors
Associated Press News – Staff | Published: 10/22/2020

An attorney for a gun rights advocacy group in Wyoming challenged a ruling by the secretary of state to disclose the group’s donors, arguing the ruling is an attempt to stifle political speech after the group was accused of running attack ads against Republican candidates. The Greater Cheyenne Chamber of Commerce filed the complaint against Wyoming Gun Owners over ads the group ran in the past year despite not being registered with the secretary of state’s office as required by law. The group must now register with the state and disclose its donors or face a $500 fine. Stephen Klein asked the state elections division to dismiss the complaint, saying there was a lack of documentation that showed the ads were against the law.

Wyoming – Wyoming Is Using Dark Money to Help Keep Coal Plants in Other States Open
National Public Radio – Cooper McKim and Andrew Graham | Published: 10/28/2020

After years of lawsuits, the utility Entergy Arkansas agreed to shut down two coal plants. Weeks later, the Arkansas Attorney General and a local coalition called the Arkansas Affordable Energy Coalition intervened, asking a judge to stop the settlement. They argued other fuel sources would be more expensive and less reliable. Emails show the coalition represents more than just coal, gas, and steel businesses in Arkansas. It was created by the nonprofit Energy Policy Network, whose largest donor most years is the state of Wyoming, home to the coal mines that feed the two Arkansas plants slated for shut down. Several ethics experts say this is the first time they have heard of a state using “dark money” in this way. They said it raises questions about state officials backing a group that surreptitiously seeks to impact policy elsewhere.

The Senate and House gave final approval to the House version of a bill enacting a temporary funding gap appropriation for the government before ending the special session.

The House version of the bill has been enrolled and transmitted to Gov. Lolo Matalasi Moliga for his review and consideration.

The bill also provides consolidated appropriations and temporary funding to continue government operations until action on regular appropriations are completed.

Campaign Finance

Colorado: “Denver City Council Votes Down Money Transfer from Fair Elections Fund” by Connor McCormick-Cavanagh for Westworld

Utah: “Republican Burgess Owens May Have to Refund Thousands of Dollars in Campaign Donations” by Bryan Schott for Salt Lake Tribune

Wyoming: “Wyoming Is Using Dark Money to Help Keep Coal Plants in Other States Open” by Cooper McKim and Andrew Graham for National Public Radio

Elections

National: “In Campaign’s Closing Days, Disinformation Arrives Via Text Message and Email” by Isaac Stanley-Becker and Tony Romm (Washington Post) for MSN

Georgia: “In Georgia, Democrats Target the True Silent Majority: People who don’t vote” by Astead Herndon for New York Times

Ohio: “Ohio’s Drop-Box Dispute Shows How Voting Rights Groups and Democrats Fear Trump’s Influence” by Michael Kranish (Washington Post) for MSN

Ethics

National: “Trump’s Attacks on Political Adversaries Are Often Followed by Threats to Their Safety” by Greg Miller and Isaac Stanley-Becker (Washington Post) for MSN

National: “Judge Rejects Justice Dept. Bid to Short Circuit Defamation Case Brought by Woman Who Accused Trump of Rape” by Matt Zapotosky, Devlin Barrett, and Shayna Jacobs for Washington Post

National: “Ballrooms, Candles and Luxury Cottages: During Trump’s term, millions of government and GOP dollars have flowed to his properties” by David Fahrenthold, Josh Dawsey, Jonathan O’Connell, and Anu Narayanswamy (Washington Post) for MSN

California: “L.A. Council Members Backtrack, Turning Against Request to Help a Hotel Developer” by David Zahniser for Los Angeles Times

New Jersey: “State Education Department Orders Suspension of Paterson BOE Member” by Joe Malinconio (Paterson Times) for Bergen Record

Campaign Finance

Ohio: “What Actually Happened with FirstEnergy’s $158K Checks to Ohio Politicians” by Jessie Balmert (Cincinnati Enquirer) for MSN

Elections

National: “Coronavirus Cases Are Surging Again. These States Have Refused to Loosen Rules on Who Can Vote by Mail.” by Elise Viebeck and Arelis Hernandez (Washington Post) for MSN

National: “Guns at Voting Sites Emerge as Flash Point in Michigan Amid Nationwide Election Tension” by Mark Berman (Washington Post) for MSN

Wisconsin: “Supreme Court Won’t Extend Wisconsin Ballot Deadline” by Josh Gerstein and Zach Montellaro for Politico

Ethics

National: “Judge Orders Justice Department to Verify Its Filings in Flynn Case” by Kyle Cheney for Politico

Colorado: “Court of Appeals: Colorado ethics commission not subject to CORA or state open meetings law” by Jeffrey Roberts for Colorado Freedom of Information Coalition

Tennessee: “Tennessee Sen. Joey Hensley Defends Prescribing Opioids to Relatives, Lover” by Brett Kelman for The Tennessean

Lobbying

New Hampshire: “Pappas Confirms Relationship with Ex-Lobbyist, Says Mowers Crossed a Line” by Josie Albertson-Grove for Manchester Union-Leader

Redistricting

Arizona: “Top Democrats Sue Over Arizona Redistricting Panel List” by Bob Christie for Associated Press News

On October 23, legislation was introduced in the U.S. Congress to amend and expand the Foreign Agents Registration Act to compel lobbyists for Chinese companies to register as foreign agents.

The Chinese Communist Party Influence Transparency Act, introduced as identical bills in both houses of Congress by Rep. Mike Gallagher and Sen. Tom Cotton, would repeal the exemption from registration for persons, acting as agents of a covered Chinese business organization, providing private and nonpolitical representation of trade and commercial interests.

House Bill 8663 and Senate Bill 4843 would also remove the exemption for persons filing disclosure reports under the Lobbying Disclosure Act of 1995 in connection with the representation of business organizations organized under the laws of, or having their principal place of business in, the People’s Republic of China. The bill defines a covered Chinese business organization as an entity designated by the Attorney General as subject to the extrajudicial direction of the Chinese Communist Party or an entity organized under the laws of, or having its principal place of business in, the People’s Republic of China (including any subsidiary or affiliate of such an entity).

The legislation would become effective 180 days after enactment.

Campaign Finance

Arizona: “Dead Contributor Among Questions Raised Over Phoenix Mayor Candidate’s Campaign Filings” by Jen Fifield, Farah Eltohamy, and Jose-Ignacio Castaneda Perez for Arizona Republic

Ohio: “Attorney General Challenges Legality of Householder Using $1M Campaign Cash for Legal Fees” by Marc Kovac (Columbus Dispatch) for MSN

Oregon: “Judge Rules City Must Open Investigation into Portland Mayor Ted Wheeler’s $150,000 Loan to His Campaign” by Rebecca Ellis for OPB

Elections

National: “Facebook Tries to Block Tool Aimed at Promoting Transparency Around Political Ads” by Mark Scott for Politico

California: “Gig Companies Open the Door to Campaigning by App” by Katy Murphy for Politico

Ethics

Illinois: “Inspector General Should Probe Cook County Commissioner, Chief of Staff Amid Pot Firm Revelations, Ethics Experts Say” by Tom Schuba for Chicago Sun-Times

Lobbying

National: “How Trump Abandoned His Pledge to ‘Drain the Swamp’” by Josh Dawsey, Rosalind Helderman, and David Fahrenthold (Washington Post) for Anchorage Daily News

National: “Lobbying Firm Cuts Ties with Turkey Under Pressure” by Theodoric Meyer for Politico

Wyoming: “Wyoming Gun Rights Group Fights Ruling to Disclose Donors” by Staff for Associated Press News

American Samoa lawmakers returned Monday for an additional 15-day special session.

Gov. Lolo Matalasi Moliga extended the session with the only issue on the agenda to revisit the final fiscal year 2021 budget.

The governor remains opposed to the $6.5 million in drastic cuts made by the Fono to the budgets for executive branch departments.

The Fono leaders had told the governor in an October 13th letter they are not confident with governor’s revenue projections.

They further urged the governor to act on the final fiscal year 2021 budget bill now in his control.