On May 5, United States District Court Judge Analisa Torres for the Southern District of New York ruled the New York Board of Elections must hold a presidential primary and include previously qualified candidates on the ballot, including Sen. Bernie Sanders.

Gov. Cuomo previously postponed the presidential primary from April 28 to June 23 due to the COVID-19 public health emergency.

The Board of Elections later voted to cancel the presidential primary.

However, the board still scheduled a congressional special election and local primaries for June 23.

The court’s ruling found the cancellation of the presidential primary to be unconstitutional.

Additionally, the cancellation had violated candidates of their First and Fourteenth Amendment rights.

The preliminary injunction restores all 10 presidential candidates and their respective slates of delegate candidates to the New York presidential primary ballot and requires that the primary election be held on June 23.

Campaign Finance

National: “Cash-Starved Candidates Trade Swanky Cocktail Hours for $5K Zoom Meetings” by Elena Schneider and Theodoric Meyer for Politico

New Jersey: “Juul Donated to New Jersey Politicians Even as They Considered Vaping Restrictions” by Matt Freidman for Politico

North Carolina: “Should NC Politicians Be Banned from Paying Themselves Rent with Campaign Money?” by Will Doran for Raleigh News and Observer

Elections

National: “Both Parties Wonder: How much do conventions even matter anymore?” by Adam Nagourney and Matt Flegenheimer (New York Times) for MSN

National: “Why Biden’s Choice of Running Mate Has Momentous Implications” by Jonathan Martin and Alexander Burns (New York Times) for MSN

Ethics

National: “Trump Sparks Fight Over IRS Relief Payments” by Naomi Jagoda for The Hill

Mississippi: “MS Welfare Scandal Audit: Money went to cars, family, paying Brett Favre for speeches he never gave” by Luke Ramseth for Jackson Clarion-Ledger

Nevada: “Ethics Complaint ‘Credible’ Against Ex-Las Vegas Planning Official” by Shea Johnson for Las Vegas Review-Journal

South Dakota: “Ethics Board Dismisses Complaint Against Councilor After Trip to Republican Convention” by JoeSneve for Sioux Falls Argus Leader

The North Dakota Ethics Commission website is now live.

The website, ethicscommission.nd.gov, includes board information, meeting minutes, and complaint forms.

At a recent meeting, the five-member board also discussed reconciling perceived conflicts in constitutional and statutory language related to commission procedures; additionally, they reviewed proposed 2021 ethics legislation covering legislators and executive branch officials.

The next meeting is scheduled in an online format for May 13.

Elections

Wisconsin: “Unexpected Outcome in Wisconsin: Tens of thousands of ballots that arrived after Election Day were counted, thanks to court decisions” by Amy Gardner, Dan Simmons, and Robert Barnes (Washington Post) for MSN

Ethics

National: “Lawmakers Made Hundreds of Stock Transactions During Pandemic, Watchdog Finds” by Alice Miranda Ollstein for Politico

National: “Secret Service Paid Trump’s D.C. Hotel More Than $33,000 for Lodging to Guard Mnuchin in ’17” by David Fahrenthold, Joshua Partlow, Josh Dawsey, and Carol Leonnig (Washington Post) for Seattle Times

Hawaii: “Honolulu Ethics Commission OKs Gifts for First Responders” by Gordon Y.K. Pang for Honolulu Star Advertiser

Iowa: “Court Upholds Dismissal of Suit Over Iowa Governor’s Flight” by David Pitt for AP News

Legislative Issues

National: “The ‘New Normal’ Takes Shape on Capitol Hill” by Scott Wong and Mike Lillis for The Hill

Lobbying

National: “Well-Connected Trump Alumni Benefit from Coronavirus Lobbying Rush” by Michelle Ye Hee Lee, Tom Hamburger, and Anu Narayanswami (Washington Post) for MSN

Oregon political candidates in legislative and statewide races can continue to accept contributions vastly exceeding the caps voters approved in 2006.

Secretary of State Bev Clarno announced on Friday she would not allow the 2006 voter approved initiative.

The initiative placed a $1,000 limit on donations to statewide candidates and a $100 limit on contributions to legislative candidates.

Clarno’s office released a statement communicating Measure 47 from 2006 was not made operative by the Oregon Supreme Court decision.

Therefore, there is no change in current state election laws.

Clarno’s decision was based off of a verbal opinion from the Department of Justice.

Also, Multnomah County Circuit Judge Thomas Ryan ruled Portland Mayor Ted Wheeler’s campaign did not need to limit spending.

The ruling came after a suit filed by Wheeler’s main opponent questioning his use of contributions.

Portland mayoral candidate Sarah Iannarone had joined several campaign finance activists in a lawsuit against Wheeler’s campaign.

The lawsuit contends the mayor must repay all the donations he’s received surpassing the $500 campaign finance limit approved by Portland voters in 2018 but never enforced due to legal challenges.

After last week’s Supreme Court ruling, the city auditor’s office will begin enforcing Portland’s campaign finance measure starting today.

However, candidates won’t be retroactively punished for taking large donations.

Portland Attorney Dan Meek said he would ask the state Supreme Court to reconsider its April decision to make it clear Measure 47 should go into effect immediately.

In November, voters will decide on a proposed state constitutional amendment making it clear the state could adopt any limits allowed under the U.S. Constitution.

Louisiana lawmakers will resume their regular legislative session on May 4 to address budget issues and virus response legislation.

Despite the stay-at-home order in place through May 15, many legislators are ready to return for the remainder of session.

These final four weeks began March 9, and the session was postponed March 16.

Legislative leaders also anticipate a large financial gap from widespread unemployment, forcing down tax collections and oil prices.

Altogether, the next financial year, beginning July 1, is predicting between $500 million to $1 billion less in state funding.

With a session that must end June 1, many legislators are eager to use the available days to assist with economic recovery.

This does not affect lobbyist reporting.

Due to the ongoing COVID-19 pandemic, the General Assembly has extended the postponement of the legislative session.

All House and Senate sessions are canceled for the week of May 4 to May 8.

Additionally, the House Finance Committee is expected to resume budget hearings the week of May 11, and the full General Assembly are scheduled to meet on Tuesday, May 12.

This does not affect lobbyist reporting.

Due to the COVID-19 pandemic, the General Court has suspended all legislative activities until further notice except for remote public meetings.

Lawmakers previously suspended legislative activities until May 4.

The State House and Legislative Office Building will be closed to legislative members, legislative staff, and visitors during the suspension.

Campaign Finance

Idaho: “Belated Campaign Finance Report Filed by Pro-Gun Group” by Betsy Russell (Idaho Press) for Idaho Falls Post-Register

Oregon: “Campaign Finance Limits Lose Twice in Oregon” by Rebecca Ellis and Jeff Mapes for Oregon Public Broadcasting

Tennessee: “Media Groups Sue Campaign Finance Board Over Email Vote, Contend Violation of Open Meetings Law” by Joel Ebert for The Tennessean

Ethics

National: “Should News Organizations Take Coronavirus Bailout Loans? While Some Fear a Conflict of Interest, Many Are Desperate for Cash” by Paul Fahri (Washington Post) for Greenwich Times

National: “Joe Biden Denies He Sexually Assaulted a Former Senate Aide, Calls on National Archives to Release Complaint If One Exists” by Matt Viser, Annie Linskey, and Sean Sullivan (Washington Post) for Stamford Advocate

Texas: “Texas AG Helped Donor Fight Virus Lockout” by Paul Weber and Jake Bleiberg for AP News

Lobbying

National: “Southern Company’s Lobbying Disclosures Obscure State-Level Information from Investors, Public” by Daniel Tate for Energy and Policy Institute

Mississippi Lt. Gov. Delbert Hosemann and Speaker of the House Philip Gunn have announced the Legislature will reconvene the 2020 Legislative Session at 1:00 p.m. on May 1.

In addition, the end-of-session report will be due 10 days after the adjournment sine die of the regular legislative session.

The expected adjournment date was extended to June 9 when the session was postponed due to COVID-19 concerns.

Georgia General Assembly leaders have proposed two potential dates to reconvene the suspended session.

The Senate has proposed a return date of May 14, while the House has proposed a June 11 return date.

Given an agreement between both houses are needed for the return.

Upon the General Assembly’s return, the 2021 budget will be a chief concern as the fiscal year begins on July 1.

State level and Transportation Board lobbyists will continue to be required to file semi-monthly until lawmakers have officially adjourned sine die.

South Carolina House Speaker Jay Lucas and Senate President Harvey Peeler announced the General Assembly will reconvene on May 12.

The leaders made the announcement in a joint letter.

The General Assembly is expected to pass bills allowing them to take up a number of matters in a special session.

Additionally, the General Assembly will work to extend the time to pass a budget.

This work was set to be completed when they reconvened on April 8.

However, a public disagreement over restrictions on Santee Cooper led to a failure to come to an agreement.

National/Federal

Democrats Press General Services Administration Over Trump Hotel Payments
Greenwich Time – Jonathan O’Connell, David Fahrenthold, and Joshua Partlow (Washington Post) | Published: 4/24/2020

Congressional Democrats are pressing the General Services Administration for information about President Trump’s District of Columbia hotel lease after Trump’s company said it asked the federal government to include it in any accommodations it may make for private tenants during the coronavirus shutdown. The letter is the latest attempt by congressional Democrats to prevent Trump from using his administration to benefit his business, which he owns but which his adult sons are running while he is in office. The renewed oversight comes at a time when the Trump Organization, like virtually all hotel and golf companies in the country, has seen business plummet to a small fraction of what it was due to shutdowns from the pandemic, and has been looking to cut costs.

Donna Shalala, on Coronavirus Oversight Board, Pays Fine for Not Revealing Stock Sales
Miami Herald – Alex Daugherty | Published: 4/28/2020

U.S. Rep. Donna Shalala, who admitted she broke federal law requiring the disclosure of stock sales, will pay a $1,200 fine for six violations because she failed to report hundreds of transactions made last year by a broker setting up a blind trust. A report details 556 stock transactions made by Shalala n in 2019. She did not make any stock transactions in 2020. There is no indication Shalala engaged in insider trading, though her stock holdings on her previous financial disclosure, from 2018, led to criticism that her portfolio conflicted with her work on an oversight committee set up oversee $500 billion in taxpayer money being used for coronavirus-related payouts to large businesses.

Government Watchdog Seeks Ethics Investigation of Jared Kushner’s ‘Shadow’ Coronavirus Task Force
MSN – Jerry Lambe (Law & Crime) | Published: 4/28/2020

In a letter to the Office of Government Ethics, Citizens for Responsibility and Ethics in Washington asked the agency to conduct a review of whether members of a coronavirus task force overseen by Jared Kushner have complied with the disclosure obligations and conflict-of-interest restrictions required of special government employees under federal law. Kushner in March formed his own “shadow” coronavirus task force, separate from the official effort headed by Vice President Mike Pence, composed largely of private sector advisors whose primary focus was supposed to be expanding access to testing and acquiring life-saving personal protective equipment.

How a Digital Ad Strategy That Helped Trump Is Being Used Against Him
New York Times – Nick Corasaniti | Published: 4/28/2020

In the fast-paced world of digital advertising, the availability of real-time data beyond mere engagement is fairly small, leaving campaigns with a patchwork of clicks, old polling, and hunches to assess the impact of the millions of dollars they are spending on digital platforms. Facebook, with about 220 million users in the country, remains the central digital vehicle for reaching Americans who are spending more time online during the coronavirus pandemic. The pandemic has also forced campaigns to rely on a nearly entirely digital infrastructure, from fundraising to organizing to persuasion. Having fresh data to inform campaign arguments online is essential. A real-time testing project aims to help fill that gap.

Judges Worry Trump Position on McGahn Testimony Could Force Congress into Extreme Measures
Politico – Josh Gerstein and Kyle Cheney | Published: 4/28/2020

A federal appeals court in Washington, D.C. expressed skepticism about the Trump administration’s claim that Congress can never go to court to enforce its oversight and spending powers. The discussion occurred as lawyers for the U.S. House and Justice Department sparred over efforts by Democrats to force former White House counsel Don McGahn to testify about his knowledge of alleged wrongdoing by Trump. Throughout the arguments, judges raised concerns about whether cutting off the courts to Congress would remove any incentive for future presidents to cooperate or negotiate with lawmakers trying to check executive power.

Pollo Tropical, Which Employs Florida Congresswoman’s Husband, Gets Small Biz Loan
Miami Herald – Alex Daugherty | Published: 4/23/2020

The publicly traded parent company of Miami restaurant chain Pollo Tropical, which employs the husband of U.S. Rep. Debbie Mucarsel-Powell as an executive, received a taxpayer-funded loan intended for small businesses affected by the coronavirus pandemic. Fiesta Restaurant Group, with more than 10,000 employees, was granted a $10 million Paycheck Protection Program loan, money that does not have to be paid back if it is used to keep employees on the job. Fiesta said it is “currently reviewing” the money to determine whether it is appropriate to keep it in light of new Treasury Department guidelines that will prevent most publicly-owned large companies from receiving loans.

Sen. Richard Burr Is Not Just a Friend to the Health Care Industry. He’s Also a Stockholder.
ProPublica – Robert Faturechi and Derek Willis | Published: 4/28/2020

In his 15 years in the U.S. Senate, Richard Burr has been one of the health care industry’s staunchest friends, advocated for legislation to benefit the industry. Burr also trades in and out of the industry’s stocks. Since 2013, he and his wife bought and sold between $639,500 and $1.1 million of stock in companies that make medical devices, equipment, supplies, and drugs. With weak laws and little oversight, such trading rarely trips any wires. Burr is also one of the Senate’s biggest beneficiaries of the industry’s largesse. Medical companies, trade groups, and their executives and lobbyists regularly donate to his political committees.

Spotify and Text-a-Thons: How the census is reaching out during coronavirus
Poilitico – Maya King and Danielle Muoio | Published: 4/23/2020

As the coronavirus bears down on cities and states across the nation, the Census Bureau has scrubbed in-person get-out-the-count work in favor of ad buys on Spotify, thousand-person text-a-thons, and virtual speakers series. But despite an extensive statistical database and h$500 million ad strategy to get a proper count, local officials warn millions could still slip through the cracks. The people who are not counted can lose political representation at both the state and federal levels. Legislative and congressional districts are drawn based on population, and the areas where people are hardest to count skew Democratic.

Start-Ups Pursue ‘Free Money’ with Relief Funds, Prompting Backlash
MSN – Erin Griffith and David McCabe (New York Times) | Published: 4/27/2020

Scrutiny of the Paycheck Protection Program, the $349 billion plan to save jobs at small businesses during the coronavirus outbreak, has reached technology start-ups. While many of these young companies have been hurt by the pandemic, they are not ailing in the same way that traditional small businesses are. Many mom-and-pop enterprises, which tend to employ hourly workers and operate on razor-thin margins, are shutting down immediately because of economic pain. But start-ups, which last year raised more than $130 billion in funding, have sometimes turned to the government loans not for day-to-day survival but simply to buy useful time. The start-up rush to tap the finite pool of government aid has stirred debate in Silicon Valley over whether these companies should have applied.

Supreme Court Casts Some Doubt on Whether It Should Settle Trump’s Fight with Congress Over His Finances
Washington Post – Robert Barnes | Published: 4/28/2020

The U.S. Supreme Court called for additional briefing on whether the court was authorized to settle a dispute about congressional subpoenas for President Trump’s financial records. The case is set to be argued May 12, and briefing was completed weeks ago. So the order from the court caught lawyers by surprise and raised at least the possibility the justices were looking for a way to avoid deciding the case’s merits. It may also be less dramatic than that. The request could reflect the interest of just one or a small group of the nine justices. Trump has raised sweeping arguments that the president is protected from investigation by congressional committees and, separately, a New York district attorney. The lower courts are considering the power of Congress to demand executive branch compliance with its investigations.

Thousands of Candidates Reinventing Politics on the Fly for the Age of Pandemic
MSN – Michael Scherer (Washington Post) | Published: 4/26/2020

There is a new reality for political professionals across the country as the social distancing clampdown has transformed the art and logistics of politicking. While much of the attention has focused on former Joe Biden, the presumptive Democratic nominee, hunkering down in his basement to record his podcast, or President Trump seeking to monopolize the evening television airwaves, Covid-19 has transformed all corners of the political universe. Local candidates and name-brand leaders alike have been forced to abandon rallies, community centers, and campaign offices. Volunteers, organizers and operatives have been quarantined into virtual meetings, letter-writing campaigns, and mobile-texting blitzes. Entire organizations have pivoted to meet the moment.

Trump Allies Highlight New Claims Regarding Allegations Against Biden
MSN – Matt Viser (Washington Post) | Published: 4/27/2020

Some allies of President Trump pointed to new claims by a woman who said she was told about sexual assault allegations against Joe Biden decades ago, renewing attention to questions about the past behavior of the presumptive Democratic presidential nominee. Apparent corroboration recently for elements of two accusations made by Biden’s former Senate aide Tara Reade, one involving harassment and the second a sexual assault. Biden has not commented on the allegations, but his campaign has denied them and pointed to his record on women’s rights and promotion of women in his offices.

Trump Appointees Manipulated Agency’s Payday Lending Research, Ex-Staffer Claims
New York Times – Nicholas Confessore and Stacy Cowley | Published: 4/29/2020

Last summer, on his final day of work at the nation’s consumer finance watchdog agency, a career economist sent a colleague a blunt memo. He claimed that President Trump’s appointees at the Consumer Financial Protection Bureau had manipulated the agency’s research process to justify altering a 2017 rule that would have curtailed high-interest payday loans. The departing staff member, Jonathan Lanning, detailed several maneuvers by his agency’s political overseers that he considered legally risky and scientifically indefensible, including pressuring staff economists to water down their findings on payday loans and use statistical gimmicks to downplay the harm consumers would suffer if the payday restrictions were repealed.

Under Pressure, House Leaders Scrap Plans for Speedy Return to the Capitol
New York Times – Emily Cochrane and Nicholas Fandos | Published: 4/28/2020

Democratic leaders scrapped a plan to call the U.S. House back into session in the near future, abruptly reversing themselves after some rank-and-file lawmakers complained that doing so constituted an unnecessary risk as coronavirus continues to spread in the capital and throughout the country. The delay will give House leaders more time to try to reach a bipartisan agreement on rules changes that would allow remote voting and hearings for the first time in history. Democratic leaders were hoping to build Republican support for their plan to permit lawmakers who could not or did not want to travel to Washington during the pandemic to designate another member to vote by proxy in their stead.

Canada

Canada – Alberta Premier Cleared in Ethics Probe Tied to Firing of Election Commissioner
National Post – Canadian Press | Published: 4/27/2020

Alberta’s ethics commissioner rejected accusations that Premier Jason Kenney and his United Conservative caucus broke the rules when they fired an election official investigating the party. Marguerite Trussler said there is no evidence the United Conservative Party (UCP) directly benefited when its caucus passed a bill late last year to fire Lorne Gibson as election commissioner. The New Democratic Party alleged that firing Gibson boosted the UCP’s long-term reputation and re-election prospects given that Gibson was investigating the party and had already levied more than $200,000 in fines tied to the 2017 leadership race won by Kenney.

From the States and Municipalities

Arkansas – 14 PACs Sign Settlements, Accept Fines to Resolve Ethics Complaints, State Records Show
Arkansas Democrat-Gazette – Michael Wickline | Published: 4/21/2020

Fourteen PACs represented by attorney Brenda Vassaur-Taylor signed settlements of complaints in which the committees acknowledge violations of state ethics law in 2016, according to Arkansas Ethics Commission records. They agreed to pay fines collectively totaling $1,450 and each received a public letter of caution. Kendall Bond filed about 30 ethics complaints in January against these PACs, as well as candidates in the 2016 primary election over unregistered PACs making contributions to other PACs and candidates, and unregistered PACS receiving contributions before they were registered as a PAC.

California – California Republicans Prepared to Match Democrats on ‘Ballot Harvesting.’ Then Came Coronavirus
Politico – Carla Marinucci | Published: 4/28/2020

Leaders of the embattled California Republican Party are reversing course during the coronavirus pandemic to demand Gov. Gavin Newsom ban a voting practice they until recently endorsed. The Republican leaders vowed to boost their “ballot harvesting” efforts, to allow people to pick up and deliver absentee ballots that others have cast, after a Democratic thumping in the 2018 midterms. But they are now arguing it is “an intolerable risk to public health and safety.” The practice allows party volunteers to collect mail-in ballots and submit them in groups to polling places or election offices. Republicans blame the Democrats’ ballot collecting as one factor for their 2018 midterm woes, which saw them lose seven congressional seats.

California – National City Passes Campaign Contribution Limits
San Diego Union-Tribune – Gustavo Solis | Published: 4/27/2020

National City officials adopted campaign contribution limits recently. Individuals, businesses, and labor unions can now contribute up to $1,000 to candidates while political parties can give $2,000. The take effect in January 2021. Part of the reason behind limiting campaign contributions was the significant increase in outside money pouring into local elections in National City in recent years.

California – Newsom Executive Orders Test Constitutional Bounds – and Legislative Goodwill
Politico – Debra Kahn | Published: 4/22/2020

Residents and leaders from both parties have given Gov. Gavin Newsom high marks for his handling of the coronavirus pandemic so far, especially after his early stay-at-home order was widely credited for helping control the spread of infection in California. But state lawmakers who have been on recess for more than a month are starting to bristle at the governor’s seemingly unilateral decision making. As Newsom shifts from crisis mode to managing the long-term economic fallout, his orders are coming under more scrutiny not just from lawmakers but industry groups, who are likewise re-engaging in Sacramento policymaking. The legislative branch has likewise shut down most activities for the time being. That leaves Newsom nearly alone to decide how to flex California laws in the coronavirus emergency.

Florida – Federal Grand Jury Casts Wide Net for JEA Records, Communications
Jacksonville Daily Record – Mike Mendenhall | Published: 4/23/2020

A federal grand jury subpoena orders JEA to provide documents, communications, and records from top utility and Jacksonville City Hall officials related to a failed push to privatize the city-owned utility and the hiring of former Chief Executive Officer Aaron Zahn. Federal prosecutors also are looking for communications and documents from lobbyists, JEA’s contracted legal and financial firms and consultants involved in the utility’s invitation to negotiate and failed stock option style-employee bonus plan.

Georgia – Supreme Court Rules States Can’t Copyright Annotated Laws
Courthouse News Service – Tim Ryan | Published: 4/27/2020

Extending a 19th century doctrine of copyright law to legal materials created by Legislatures, the U.S. Supreme Court ruled annotated versions of state codes cannot be copyrighted. Georgia contracts with Matthew Bender & Co., which is part of LexisNexis, to publish and distribute an annotated version of its official state code. LexisNexis publishes the full code without the annotations for free online and members of the public can access annotated versions for free at places like libraries and universities. Public.Resource.Org publishes official legal codes and other government documents online, bought 186 volumes of the annotated code and posted them online. Georgia sent the nonprofit cease and desist letters, but Public Resource refused to take the code down so the state filed a copyright infringement lawsuit.

Idaho – IFF Accused of Disobeying IRS Rules by Encouraging Idahoans to Disobey Governor
Idaho Statesman – Cynthia Sewell | Published: 4/28/2020

A complaint filed with the IRS alleges Idaho Freedom Foundation, a libertarian policy group, violated nonprofit organization rules by “supporting illegal activities” and “engaging in excessive lobbying activities.” After Gov. Brad Little extended the statewide stay-home order through April 30 to combat the coronavirus pandemic, the foundation encouraged people to disobey the order. The foundation helped organized the “Disobey Idaho” protest at the Capitol, which a few hundred people attended and continued to organize, promote, or participate in several stay-at-home violations. The complaint says one way the foundation directly attempts to influence legislation is through its “Freedom Index,” which grades how each state legislator’s voting record meshes with the group’s agenda.

Illinois – Bid to Strengthen Legislative Ethics Code on Sexual Harassment Blocked by Senate
State Journal-Register – Dalton Stokes | Published: 4/24/2020

Legislation to expressly prohibit sexual harassment by legislators and lobbyists in Illinois was one of many bills that did not become law in the 2020 session that was shortened by the coronavirus pandemic. The reasons for its failure in the state Senate remain unclear. After the bill passed the House, Senate leaders assigned it to the State and Local Government Committee, chaired by Sen. Wil Schroder. He said, “There were some Senate members who had questions regarding the new definitions contained in the bill and were not comfortable handling that section this session.”

Kansas – Kansas Ethics Panel Fines Former Corrections Secretary for Taking $100K Job with CoreCivic
Topeka Capital-Journal – Sherman Smith | Published: 4/27/2020

The Kansas Governmental Ethics Commission fined former corrections secretary Joe Norwood $5,000 for taking a job with CoreCivic after authorizing a lucrative state contract for the company. The commission also recommended authorities further investigate Norwood’s dealings with CoreCivic. As corrections secretary under former Gov. Sam Brownback, Norwood helped orchestrate a 20-year agreement for CoreCivic to build and operate a new prison facility, a $362 million deal panned by lawmakers and auditors as overly costly for the state. Norwood immediately went to work for CoreCivic after Gov. Laura Kelly took office in January 2019. Norwood said he was paid $100,000 by CoreCivic for consultant work last year.

Maryland – Ex-NAACP Leader Kweisi Mfume Wins Maryland Seat in Congress
Miami Herald – Brian Witte and Julio Cortez (Associated Press) | Published: 4/28/2020

Democrat Kweisi Mfume won a special election to finish the term of the late Elijah Cummings, retaking a Maryland congressional seat he held for five terms before leaving to lead the NAACP. Mfume defeated Kimberly Klacik in the heavily Democratic Seventh Congressional District, capping a race reshaped by the coronavirus. Maryland opened just three polling stations and sent ballots weeks in advance to encourage mail voting because of the pandemic. Earlier in April, thousands of Wisconsin primary voters waited hours outside overcrowded polling stations, and Maryland’s contest could be a test for future races in a key election year.

Michigan – Michigan Senator Apologizes for Mask That Looked Like Confederate Flag
New York Times – Sandra Garcia | Published: 4/26/2020

A Republican state senator in Michigan apologized for wearing a homemade mask that resembled the Confederate battle flag on the Senate floor. Dale Zorn said he told his wife, who made the mask, that it “probably will raise some eyebrows,” but he initially told a local television station that it was not a Confederate flag. He said his wife told the mask’s pattern was “more similar to” the state flags of Kentucky or Tennessee. The mask he wore, however, appeared to have more in common with the Confederate battle flag, which is all red and features a blue “X” with white stars inside it drawn across the flag.

New Mexico – Coalition Asks for $8,000 Reimbursement from Legislator, Former Executive Director
Albuquerque Journal – T.S. Last | Published: 4/27/2020

The Regional Coalition of Los Alamos National Laboratory Communities (RCLC) is asking New Mexico Rep. Andrea Romero to pay back $8,000 in reimbursements paid to her while she served as the organization’s executive director and before her election in 2018. Romero previously reimbursed RCLC $2,200, but that was before the state auditor’s office released a report that included impermissible reimbursements for travel, meals, and alcoholic beverages and lobbying activities. The audit said more than $50,000 in improper payments were made to Romero, members of the coalition’s board, and third parties. More than half of those payments went to Andrea Romero Consulting.

New York – New York Board of Elections Cancels Democratic Presidential Primary
New York Times – Stephanie Saul and Nick Corasaniti | Published: 4/27/2020

New York officials canceled the state’s Democratic presidential primary, prompting an immediate backlash from the campaign of U.S. Sen. Bernie Sanders and his supporters who had hoped to amass convention delegates and help shape the party’s platform in August. In making the decision against holding a primary, which had been scheduled for June 23, the chairperson of the New York State Board of Elections called the primary “essentially a beauty contest” that the state could ill-afford in the face of the coronavirus pandemic. The Democratic primary will be held for other races, but because of the decision, voters in about 20 counties with no other contests will have no need to go to the polls, and no choice for president will appear on ballots in the remainder of the state’s 62 counties.

Ohio – Biden Wins Ohio Primary, but the Real Contest Was Its Attempt at Mail-In Voting
WUSA – Will Weissert and Julie Carr-Smyth (Associated Press) | Published: 4/28/2020

Joe Biden won Ohio’s presidential primary, clinching a contest that was less about the Democratic nomination and more about how states can conduct elections in the era of the coronavirus. The primary was the first major test of statewide elections via mail amid an outbreak, and the results were mixed. There were reports of confusion but no widespread disruption. It was not like Wisconsin earlier in April, when voters were forced to overlook social distancing guidelines to stand in line wearing masks to cast a ballot. Still, overall turnout appeared to be off.

Ohio – Former ODNR Chief Cited for Ethics Violation Over Free Fishing Trip
Toledo Blade – Mike Markey | Published: 4/28/2020

Former Ohio Department of Natural Resources (ODNR) Director James Zehringer is among nearly 40 current and former state employees and elected officials who the state inspector general has determined violated ethics guidelines by accepting a free charter fishing trip in July 2018. While ethics laws prohibit public officials and employees from accepting gifts of substantial value, state officials wrongly employed a “questionable” interpretation of state law that the fishing trip could be accepted as a donation to the agency to promote tourism, the report said. It instead constituted a “wrongful act” on which natural resources officials also spent public money on lodging and meals for the walleye fishing trip out of Ashtabula County.

Ohio – Ohio’s G.O.P. Governor Splits from Trump, and Rises in Popularity
MSN – Trip Gabriel (New York Times) | Published: 4/28/2020

The coronavirus crisis has made Ohio Gov. Mike DeWine something that decades in elected offices never did: a household name. A Republican, he took early and bold actions to lock down his state, even as President Trump dismissed the threat of the pandemic. DeWine’s decisiveness sent his popularity soaring. Now, DeWine is charting a way out of the shutdown, taking cautious steps while facing pressure from business leaders, conservative activists, and some GOP lawmakers who question the economic costs of a state in quarantine. DeWine is being guided by health experts while avoiding partisan fissures over stay-at-home orders that have been encouraged by Trump, who hopes a rebounding economy will carry him to re-election.

Oregon – Oregon Supreme Court Rules in Favor of Campaign Contribution Limits
Oregon Public Broadcasting – Jeff Mapes | Published: 4/23/2020

Campaign contribution limits are legal in Oregon. The state Supreme Court said limits do not violate the Oregon Constitution, a ruling that potentially signals major reform in one of the few states that does  not restrict how much donors, including corporations and labor unions, can give to the candidates. The court ruled in favor of the $500 cap adopted by Multnomah County voters in 2016. The decision sends the case back to a lower court to decide whether Multnomah County’s limits themselves are too low, while tossing out limits that county voters set on campaign expenditures.

Oregon – Portland to Begin Enforcing $500 Campaign Donation Limit Next Week, But It Won’t Apply Retroactively
Portland Oregonian – Everton Bailey Jr. | Published: 4/28/2020

In the wake of an Oregon Supreme Court ruling that campaign contribution limits do not violate the state constitution, Portland election officials say they will enforce a voter-approved $500-per-donor limit starting May 4 but would not retroactively enforce the cap. In their ruling, the justices asked lower courts to decide if $500-per-donor limits, approved first by Multnomah County voters and then by Portland voters, are too low. Portland Mayor Ted Wheeler said his campaign would limit donations going forward to $500 overall in light of the Supreme Court ruling. He also called on state lawmakers to establish uniform political contribution rules in 2021.

Rhode Island – Ethics Commission Dismisses GOP Complaint vs. Raimondo
Providence Journal – Katherine Gregg | Published: 4/28/2020

The Rhode Island Ethics Commission voted to dismiss allegations that Gov. Gina Raimondo crossed a line when she negotiated a no-bid, 20-year lottery deal with International Game Technology (IGT). The complaint the state Republican Party filed against Raimondo centers on her relationship with former IGT Chairperson Donald Sweitzer, who was both an IGT lobbyist in Rhode Island and treasurer of the Democratic Governors Association while Raimondo led the group. The complaint alleges Raimondo violated the prohibition against public officials using their public positions to benefit a “business associate,” in this case Sweitzer.

Rhode Island – Former State Representative-Elect Laufton Ascencao Charged with Felony Embezzlement
UpriseRI – Staff | Published: 4/28/2020

Former state Rep.-elect Laufton Ascencao was charged with embezzlement of funds from the Rhode Island Chapter of the Sierra Club, as well as not reporting expenditures on campaign finance filings and failing to appoint a treasurer to certify his campaign filings in 2017 and 2018. The state attorney general’s office said Ascencao, without authorization, diverted $16,379 from the checking account of the Rhode Island Chapter of the Sierra Club while he was serving as treasurer of that organization. Ascencao used the money to pay for expenses during his 2018 campaign for state representative.

South Carolina – SC Officials Troubled by Senator’s Financial Ties to Richland County Church’s Nonprofit
The State – Andrew Kaplan | Published: 4/24/2020

The revelation that a prominent South Carolina senator sent nearly $500,000 in public money to help with the construction of a private development has some lawmakers and ethics experts crying foul. The money sent to a church’s nonprofit in 2007 was approved by state lawmakers, including state Sen. Darrell Jackson, who is pastor of the church and founder of its nonprofit. It is part of a long-held practice in which legislative leaders stash millions of dollars in the state’s budget each year, then send the earmarked money to pet projects. While a majority of legislators voted in favor of sending money to the private development, several recently interviewed issue with the vote and said they would not have supported later earmarks for the nonprofit had they known about its ties to their fellow lawmaker.

South Dakota – 2 South Dakota Lawmakers Reprimanded for Intoxication at Capitol
Dickinson Press – Shannon Marvel | Published: 4/24/2020

State Sens. Brock Greenfield and Kris Langer apologized during an investigative committee meeting for drinking and returning to the South Dakota Capitol drunk in the early morning hours of April 1. March 31 was the scheduled Veto Day, and the actual legislative session ended at about 3 a.m. on April 1. House Speaker Steve Haugaard testified he witnessed Langer and Greenfield slur their words during a meeting with Lt. Gov. Larry Rhoden. Rep. Fred Deutsch tweeted that the lawmakers should apologize to all of South Dakota. “We are elected to do the people’s work, not to booze it up – the tradition of lobbyist-provided all-you-can-drink free booze needs to stop,” Deutsch tweeted.

Virginia – Va. Gun Range Wins First Victory Against Order Requiring Businesses to Close
Laredo Morning Times – Justin Jouvenal (Washington Post) | Published: 4/27/2020

A Virginia Circuit Court judge ruled Gov. Ralph Northam exceeded his authority by forcing an indoor gun range in Lynchburg to close as part of his order shuttering some nonessential businesses. The decision to grant a temporary injunction allowing Safeside Tactical to reopen marks the first victory by a business challenging the restrictions to stem the spread of the coronavirus. The judge ruled the state law that allowed Northam to declare a state of emergency gives him broad powers, but it specifically prohibits him from limiting the right to keep and bear arms, and found accessing indoor gun ranges falls under that right. Legal experts said the case could spur others as businesses begin to chafe under restrictive shutdown orders in Virginia and across the country.

Wisconsin – Justice Daniel Kelly Rejoins Voter Purge Case After Losing Election
Milwaukee Journal Sentinel – Patrick Marley | Published: 4/29/2020

Wisconsin Supreme Court Justice Daniel Kelly rejoined a lawsuit over the state’s voter rolls after earlier keeping away from the case.  Kelly recused himself from the case last year because he was on the April 7 ballot. The justice lost the election but will stay on the bench until the end of July, when his term ends. Days after the election results were announced, Kelly asked parties involved in the case to say what they thought he should do and on April 29 he issued an order saying he would participate in the case. His decision to participate in the case means the court will not deadlock on it, as it did in December.

Wisconsin – Wisconsin Health Department: 36 people positive for coronavirus after primary vote
Politico – Noland McCaskill | Published: 4/27/2020

The state health department said at least three dozen Wisconsin voters and poll workers have tested positive for Covid-19, the disease caused by the coronavirus. Shortly after the state held an in-person election on April 7, the Wisconsin Department of Health Services announced “new tracing mechanisms” to help local officials track residents who might have been exposed to the virus while working the polls or casting a ballot. Health department spokesperson Jennifer Miller said “several” people within that group reported additional possible exposures, making it unclear whether the election itself is responsible for their contraction of the disease. If those people contracted the virus prior to the election, they could have also spread it to others who went to the polls that day.

Campaign Finance

Oregon: “Portland to Begin Enforcing $500 Campaign Donation Limit Next Week, But It Won’t Apply Retroactively” by Everton Bailey Jr. for Portland Oregonian

Elections

New York: “New York Board of Elections Cancels Democratic Presidential Primary” by Stephanie Saul and Nick Corasaniti for New York Times

Ethics

National: “Supreme Court Casts Some Doubt on Whether It Should Settle Trump’s Fight with Congress Over His Finances” by Robert Barnes for Washington Post

National: “Judges Worry Trump Position on McGahn Testimony Could Force Congress into Extreme Measures” by Josh Gerstein and Kyle Cheney for Politico

National: “Sen. Richard Burr Is Not Just a Friend to the Health Care Industry. He’s Also a Stockholder.” by Robert Faturechi and Derek Willis for ProPublica

New Mexico: “Coalition Asks for $8,000 Reimbursement from Legislator, Former Executive Director” by T.S. Last for Albuquerque Journal

Ohio: “Former ODNR Chief Cited for Ethics Violation Over Free Fishing Trip” by Mike Markey for Toledo Blade

Ohio: “Ohio’s G.O.P. Governor Splits from Trump, and Rises in Popularity” by Trip Gabriel (New York Times) for MSN

Lobbying

Idaho: “IFF Accused of Disobeying IRS Rules by Encouraging Idahoans to Disobey Governor” by Cynthia Sewell for Idaho Statesman