In the wake of an Oregon Supreme Court ruling last week overturning long standing precedents declaring campaign contribution limits in Oregon elections unconstitutional, Portland will enforce a voter approved $500 per donor limit starting Monday.

The court ruled that contribution limits do not violate free speech.

However, they 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 city election officials say they’ll begin enforcing the contribution limits after the Oregon Court of Appeals on Tuesday overturned a Multnomah County Circuit judge’s decision declaring campaign contribution limits in city elections unconstitutional.

However, election officials will not retroactively enforce the limits. Candidates who violate the new donation limits will face fines of up to $3,000 per violation.

Elections

National: “How a Digital Ad Strategy That Helped Trump Is Being Used Against Him” by Nick Corasaniti for New York Times

Wisconsin: “Wisconsin Health Department: 36 people positive for coronavirus after primary vote” by Noland McCaskill for Politico

Ethics

National: “Trump Allies Highlight New Claims Regarding Allegations Against Biden” by Matt Viser (Washington Post) for MSN

Kansas: “Kansas Ethics Panel Fines Former Corrections Secretary for Taking $100K Job with CoreCivic” by Sherman Smith for Topeka Capital-Journal

Michigan: “Michigan Senator Apologizes for Mask That Looked Like Confederate Flag” by Sandra Garcia for New York Times

Rhode Island: “Ethics Commission Dismisses GOP Complaint vs. Raimondo” by Katherine Gregg for Providence Journal

Virginia: “Va. Gun Range Wins First Victory Against Order Requiring Businesses to Close” by Justin Jouvenal (Washington Post) for Laredo Morning Times

Legislative Issues

Georgia: “Supreme Court Rules States Can’t Copyright Annotated Laws” by Tim Ryan for Courthouse News Service

The New York Joint Commission on Public Ethics introduced a new feature on the state Lobbying Application.

Their aim is to minimize the risk of duplicate profiles and improve functionality.

Additionally, this feature allows creating or claiming an organization profile (lobbyist, client, public corporation, or coalition).

In turn, this allows information to prepopulate a client’s semiannual report, provide more transparency, increase reliability, and reduce filing delays.

JCOPE also announced the mechanism to assign an individual as a Chief Administrative Officer and Delegated Administrator has changed.

To authorize an individual for either of these specific roles, the individual’s user identification number must be provided.

The ability to assign an individual as the CAO or the DA merely by entering their first and last name in a search field has been eliminated.

Any questions about navigating the Lobbying Application may be directed to the JCOPE Lobbying Helpdesk at (518) 474-3973 or by emailing helpdesk@jcope.ny.gov.

Due to ongoing COVID-19 concerns, the Board of Elections voted to cancel the presidential primary on June 23.

The presidential primary was previously rescheduled from April 28 to June 23 due to the state of emergency.

The decision to cancel the presidential primary does not affect the congressional special election, state, and local primaries scheduled for June 23.

Elections

National: “Thousands of Candidates Reinventing Politics on the Fly for the Age of Pandemic” by Michael Scherer (Washington Post) for MSN

National: “Ballot Scramble: Maryland, Ohio test rapid shift to all-mail voting” by Stephanie Akin and Jessica Wehrman for Roll Call

Ethics

National: “Start-Ups Pursue ‘Free Money’ with Relief Funds, Prompting Backlash” by Erin Griffith and David McCabe (New York Times) for MSN

California: “Newsom Executive Orders Test Constitutional Bounds – and Legislative Goodwill” by Debra Kahn for Politico

South Dakota: “2 South Dakota Lawmakers Reprimanded for Intoxication at Capitol” by Shannon Marvel for Dickinson Press

Lobbying

Illinois: “Bid to Strengthen Legislative Ethics Code on Sexual Harassment Blocked by Senate” by Dalton Stokes for State Journal-Register

On April 24, Gov. Andrew Cuomo issued Executive Order 202.23 to reschedule state assembly and senate special elections.

The elections now move from June 23 to November 3 due to the ongoing COVID-19 state of emergency.

Additionally rescheduled to the same day as the general election, are special elections for the 50th Senate District and the 12th, 31st, and 136th Assembly Districts.

The executive order also reschedules a special election for Queens Borough President from June 23 to November 3.

The Alabama Legislature’s leadership has announced the Legislature’s return will be delayed until May 4.

Originally set to return on April 28, the decision complies with Gov. Kay Ivey’s stay-at-home order, which remains in effect until April 30.

This delay will require the Legislature to work quickly as the session must adjourn sine die on or before May 18, per the state constitution.

Campaign Finance

Oregon: “Oregon Supreme Court Rules in Favor of Campaign Contribution Limits” by Jeff Mapes for Oregon Public Broadcasting

Ethics

National: “Spotify and Text-a-Thons: How the census is reaching out during coronavirus” by Maya King and Danielle Muoio for Poilitico

National: “Pollo Tropical, Which Employs Florida Congresswoman’s Husband, Gets Small Biz Loan” by Alex Daugherty for Miami Herald

National: “Democrats Press General Services Administration Over Trump Hotel Payments” by Jonathan O’Connell, David Fahrenthold, and Joshua Partlow (Washington Post) for Greenwich Time

National: “Biden Sexual Assault Allegation Roils #MeToo Movement” by Molly Otterbein and Marc Caputo for Politico

South Carolina: “SC Officials Troubled by Senator’s Financial Ties to Richland County Church’s Nonprofit” by Andrew Kaplan for The State

Lobbying

Florida: “Federal Grand Jury Casts Wide Net for JEA Records, Communications” by Mike Mendenhall for Jacksonville Daily Record

Gov. Ralph Northam has postponed upcoming elections for two weeks.

Pursuant to a pair of executive orders, the general and special elections scheduled for May 5 will instead be held on May 19.

Additionally, the primary election scheduled for June 9 will be held June 23.

On April 24, the Hawaii State Ethics Commission further extended the deadline for lobbyist and employer activity reports to June 1 in response to COVID-19.

Originally, reports for the January 1 to February 29 period were due on March 31.

The stay-at-home orders prompted the commission to extend the deadline to April 30.

Now the deadline has been further extended to June 1.

This does not affect lobbyist and employer activity reports due June 1 for the reporting period of March 1 to April 30.

The Republican Party of Wisconsin postponed its annual state convention from May to July because of the coronavirus pandemic.

The convention will now take place over two days instead of three on July 10-11 in Green Bay.

State Democrats have already changed their convention to one day, June 12, in Wisconsin Dells.

Additionally, the party will decide by May 1 whether it will be in-person or change to a virtual event.

Due to the ongoing COVID-19 pandemic, the State Ethics Commission announced a filing deadline extension for lobbyist monthly and quarterly reports until July 10.

This extension affects monthly reports due on April 10, May 10, and June 10, in which the lobbyist has expended or agreed to expend $100 or more in furtherance of lobbying activities to influence legislative action in the preceding month.

The filing deadline for the first quarterly report was also extended until July 10.

The commission is expected to send out further details by email to notify all filers.

National/Federal

A Watchdog Out of Trump’s Grasp Unleashes Wave of Coronavirus Audits
Politico – Kyle Cheney | Published: 4/20/2020

Lawmakers handed President Trump $2 trillion in coronavirus relief and then left town without activating any of the powerful new oversight tools meant to hold his administration accountable. But with little fanfare, Congress’ independent, in-house watchdog is preparing audits that will become the first wide-ranging check on Trump’s handling of the national rescue effort. Even as Trump has gone to war against internal watchdogs in his administration, the Government Accountability Office remains largely out of the president’s grasp because of its home in the legislative branch.

‘All of It Is Happening All at Once’: When Congress works from home
New York Times – Nicholas Fandos and Sheryl Gay Stolberg | Published: 4/18/2020

With the Capitol shuttered until at least early May and the House now considering instituting remote voting to facilitate a more prolonged absence from Washington, D.C, members of Congress are sequestered at home like the rest of America, forced to reimagine how to do their jobs virtually. It is a singular challenge for lawmakers, whose tasks typically revolve around human contact with a rotating cast of constituents, staff, lobbyists, and fellow lawmakers. They have come up with creative (some more than others) solutions.

Biden Campaign’s Selection of Preferred Super PAC Stokes Strife in Democratic Party
Washington Post – Michelle Ye Hee Lee, Michael Scherer, and Matt Viser | Published: 4/16/2020

Joe Biden’s campaign signaled to donors that Priorities USA would be its main big-money partner for the general election, a move that has alarmed some of Biden’s ardent backers, who fear the campaign has given outsize influence to a super PAC that many donors associate with the party’s loss in 2016. At stake are hundreds of millions of dollars in independent spending for Biden by super PACs and politically active nonprofits that can raise and spend unlimited sums to try to influence elections. Democrats are scrambling to build an operation to compete with President Trump, who has been fundraising for his reelection since 2017. But as they seek to put up a unified front, Democrats have been dogged by internal battles over how to avoid the mistakes of 2016.

Biden Makes End Run Around Trump as the President Dominates the National Stage
MSN – Annie Linsky (Washington Post) | Published: 4/22/2020

Homebound at his estate in Wilmington, Delaware, Joe Biden’s quarantined campaign is adjusting to a new reality in which the prime-time television slots that would carry his rallies and speeches under normal conditions are now largely dedicated to subjects other than the 2020 presidential campaign. Making matters worse for Biden, President Trump dominates each evening with his coronavirus task force briefings, which mostly are carried live by cable and can have the feel of a daily campaign rally. That has left Biden with little choice but to spread his message around – bracketing the president by offering himself to local newscasts in battleground states that run his interviews. Biden’s appearances aim at groups of voters that he must attract to win in November, including suburbanites, younger voters, and nonwhite voters.

City Leaders to Trump: Help us fight the coronavirus by paying your bill
Center for Public Integrity – Dave Leventhal | Published: 4/16/2020

Fourteen municipal governments want President Trump’s campaign committee to clear a combined $1.82 million worth of public safety-related debt connected to Trump’s “Make America Great Again” campaign rallies. Cities are girding for a coronavirus-induced financial disaster, with a new study indicating more than 2,100 U.S. cities are anticipating significant budget shortfalls and widespread cuts to local government programs and staff. These cuts are likely to fall hardest on low-income residents, people of color, the homeless, and the disabled, who are suffering disproportionately from the pandemic. “… During this [Covid-19] crisis, that loss is even more pronounced – $150,000, for instance, could pay for emergency rental assistance for 100 Minneapolis families,” said Minneapolis Mayor Jacob Frey.

Cory Gardner Attended Pricey Champagne Party in Palm Beach. A Colorado Lawmaker Wants an Investigation.
Denver Post – Jason Wingerter | Published: 4/19/2020

A February party in Palm Beach, whose gust list included U.S. Sen. Cory Gardner of Colorado, was put on by Krug Champagne, a French company owned by a multinational conglomerate of luxury brands called LVMH. For the past 20 years, LVMH has lobbied the Senate on a range of issues related to its brands, such as Louis Vuitton, Hennessy, and Krug Champagne. State Sen. Tom Sullivan says Gardner’s appearance at the party is an ethics violation. Sullivan claimed in a complaint to the Senate Ethics Committee that Gardner violated a ban on gifts of more than $50, as well as a ban on gifts from companies that hire lobbyists.

Donna Shalala, Lone Democrat Overseeing $500B Virus Fund, Didn’t Disclose 2019 Stock Sales
Tampa Bay Times – Alex Daugherty | Published: 4/22/2020

Rep. Donna Shalala, the lone U.S. House Democrat on the committee set up to oversee $500 billion in taxpayer money being used for coronavirus-related payouts to large businesses, violated federal law when she failed to disclose stock sales while serving in Congress. Shalala said she sold a variety of stocks throughout 2019 to eliminate any potential conflicts-of-interest after she was elected to Congress in November 2018. But the transactions were not publicly reported as required by the STOCK Act, which prohibits members of Congress and their employees from using private information gleaned from their official positions for personal benefit and requires them to report stock sales and purchases within 45 days. Shalala’s office said the she and her financial adviser made a mistake.

Ethics Guidance on Coronavirus Relief Package: Lawmakers may be able to apply for some loans
Roll Call – Chris Marquette | Published: 4/21/2020

The U.S. House ethics committee is recommending that lawmakers and their families exercise “caution” before applying for economic relief through the massive relief packages passed into law to quell the financial ruin caused by the coronavirus pandemic. Companies in which members of Congress or family members, such as a spouse or child own at least 20 percent equity interest cannot get any loans or other investments from the pool of funds to be disbursed by Treasury Secretary Steven Mnuchin. But those conflict-of-interest prohibitions do not apply to other components of the law, including the Paycheck Protection Program.

House Democrats Retreat on Remote Voting as Republicans Clamor to Reopen
New York Times – Catie Edmonson and Emily Cochrane | Published: 4/22/2020

Democratic leaders backed away from a plan to change the rules of the U.S. House to allow lawmakers to cast votes remotely for the first time in history, after Republicans who are clamoring to reopen Congress registered their opposition. Speaker Nancy Pelosi said the House would no longer vote on a proposal to allow members to designate another lawmaker to cast votes for them by proxy. Instead, she said she and Minority Leader Kevin McCarthy would have a bipartisan group of lawmakers consider remote voting proposals and plans to reopen the House.

K Street Is Booming. But There’s a Creeping Sense of Dread.
Politico – Theodoric Meyer and Elena Schneider | Published: 4/19/2020

Business is booming on K Street due to the $2.2 trillion coronavirus relief bill, but lobbyists are also dreading what might be on the horizon if the economy slumps into a protracted recession, according to interviews with more than a dozen lobbyists. Several privately expressed worry that business could dry up if the companies with falling revenue move to cut expenses. Some lobbying firms could even go under. But for now, the chaos has been unmistakably good for business. Hospitals, casinos, Indian tribes, pharmaceutical interests, and private equity firms have all hired lobbyists for help, along with companies from 3M to Ticketmaster to Six Flags. with companies from 3M to Ticketmaster to Six Flags.

Matt Gaetz Rents Office Space from Longtime Friend and Donor – at Taxpayer Expense
Politico – Jake Sherman and John Bresnahan | Published: 4/17/2020

U.S. Rep. Matt Gaetz has spent nearly $200,000 in taxpayer funds renting an office from a longtime friend, adviser, campaign donor, and legal client. Both men said Gaetz paid below market rent for the space, although Gaetz later shifted, saying the rent was “at or below market rate.” House rules explicitly state such arrangements are not allowed. The agreement between Gaetz and Collier Merrill highlights how a decades-long relationship can become intertwined with a lawmaker’s congressional duties. On top of being Merrill’s tenant, Gaetz attended fundraisers at Merrill’s restaurants and sought his counsel on policy matters.

Shell Companies Hide Trump Campaign’s Financial Dealings as Super PAC Coordination Rules Kick In
Center for Responsive Politics – Anna Massoglia | Published: 4/17/2020

President Trump’s official super PAC, America First Action, recently unveiled its first independent expenditures in the 2020 presidential election attacking presumptive Democratic nominee Joe Biden on his response to the coronavirus pandemic. But critical information about financial dealings of Trump’s re-election campaign remains hidden by shell companies, obscuring details critical to determine if the campaign is coordinating with his official super PAC. The FEC considers shared vendors when determining if communications constitute illegal coordination between a campaign and an outside group supporting it. The Trump campaign’s disclosure of payments through shell companies keeps the identities of sub-vendors it might share with its super PAC hidden.

Small Business Rescue Cash Isn’t for Lobbyists, Judge Rules
Washington Post – Erik Larson (Bloomberg) | Published: 4/23/2020

Political consulting and lobbying firms were rebuffed in an effort to tap coronavirus rescue money, as a federal judge ruled the funds for small businesses are essentially subsidies that lobbyists cannot receive from the government. The firms cannot tap Paycheck Protection Program loans disbursed by the Small Business Administration because a decades-old regulation bars the agency from subsidizing political speech, U.S. District Court Judge Royce Lamberth said.

The Quiet Hand of Conservative Groups in the Anti-Lockdown Protests
MSN – Kenneth Vogel, Jim Rutenberg, and Lisa Lerer (New York Times) | Published: 4/21/2020

Among those fighting the state and local orders intended to stop the spread of the coronavirus are FreedomWorks and Tea Party Patriots. Also involved are a law firm led partly by former Trump White House officials, a network of state-based conservative policy groups, and a coalition of conservative leaders known as Save Our Country that has advised the White House on strategies for a tiered reopening of the economy. The fight has emerged as a galvanizing cause for a vocal element of President Trump’s base and others on the political right. Organizers see it as unifying social conservatives, who view the orders as targeting religious groups; fiscal conservatives who chafe at the economic devastation wrought by the restrictions on businesses; and civil libertarians who contend the restrictions infringe on constitutional rights.

Trips to Ski Slopes, Beaches and Golf Courses Popular with House Leadership PACs
Roll Call – Chris Marquette | Published: 4/20/2020

U.S. Rep. K. Michael Conaway has spent $285,000 since 2011 from his leadership PAC, Conservative Opportunities for a New America PAC, on things such as golf, spring training tickets and meals in Florida, and stays at the Condado Vanderbilt Hotel in San Juan, Puerto Rico. Conaway is not alone in using leadership PAC money for luxuries that ethics experts consider questionable. Added together, he and six House colleagues spent nearly $800,000 over the past 11 years on elaborate expenditures. Ski trips to mountain resorts were popular. So were fishing, golf, whitewater rafting, and plenty of food and drink.

Trump Interior Official Helped Clear Way for Payments to Ex-Employer
Politico – Adam Cancryn | Published: 4/16/2020

An Interior Department official is under fire over her role in securing access to billions of dollars in coronavirus aid for a handful of wealthy Alaska corporations, including one that previously employed her as a lobbyist and top executive. Assistant Secretary for Indian Affairs Tara Sweeney is among a group of Interior officials advising the Treasury Department on how to distribute $8 billion in rescue funding Congress earmarked for Native American tribes, an allocation that some lawmakers now say they intended solely for the 574 federally recognized tribes hit hard by the economic shutdown. But the Trump administration indicated it also plans to include more than 200 for-profit Alaska Native corporations among the eligible recipients.

Trump Team’s Use of Big Insurer to Dispense Recovery Funds Comes Under Scrutiny
Politico – Maggie Severns and Daniel Lippman | Published: 4/18/2020

A senior economist for the White House Council of Economic Advisers, whose nomination to a post overseeing health insurance floundered in the wake of revelations of his financial ties to UnitedHealth Group, is now playing a key role overseeing a $30 billion recovery program being administered by UnitedHealth. The choice of UnitedHealth, a leading health insurer, to serve as a conduit in funneling billions of dollars to hospitals and other providers, surprised many in health care, including employees at the Department of Health and Human Services who had assumed their department would administer the program itself. Though UnitedHealth says it will make no profit off of the deal, its role in handing the money to hospitals could boost its relationships with the White House and the public during a tumultuous year and possibly provide it with valuable health care data, experts say.

Trump-Backed Online Donor Platform Launches at State Level Ahead of Redistricting
Politico – Scott Bland | Published: 4/17/2020

The GOP online donation platform endorsed by President Trump is opening up to state legislative candidates and others outside federal office, hoping to drive a financial boost for Republicans in the states ahead of the 2020 elections and next year’s redistricting. WinRed, which launched last year, is partnering with the Republican State Leadership Committee to make the platform available to state-level candidates, another step in the group’s drive to get the entire Republican Party using one system for digital fundraising. While the presidential race will command the most attention in 2020, this election is also particularly consequential because state Legislatures will play a key role in the decennial redistricting process that starts next year, with the potential in some states to enact maps that favor one party for the next decade.

From the States and Municipalities

California – Here’s Why L.A. County Plans In-Person Voting During Coronavirus Crisis While Riverside, Orange Went All-Mail
Los Angeles Daily News – Ryan Carter | Published: 4/22/2020

On May 12, Los Angeles County voters will decide who replaces former U.S. Rep. Katie Hill for her remaining term in Congress. Despite countywide “stay at home” orders spurred by the coronavirus outbreak, nine polling places will be available for residents to register and cast their ballots in person. Meanwhile, Riverside County plans its own May 12 special election in the 28th Senate District, but it will be mail-only with no in-person balloting. Orange County will stage a May 19 city council recall election in Santa Ana by mail only. In Los Angeles County, elections officials say it is one of 15 counties in California mandated under the Voter’s Choice Act to offer early-voting options by mail and by polling place. Those options include enabling voters to cast ballots in person at the voting center of their choice.

California – San Diego Mayor’s Nonprofit a Prime Beneficiary of Political Donors’ Largesse
San Diego Union Tribune – Jeff McDonald | Published: 4/19/2020

San Diego Mayor Kevin Faulconer solicited $35,000 in so-called behested payments so far this year for One San Diego, the tax-exempt organization he set up after he was elected mayor in 2014. In total he has raised more than $3 million in donations, with $1.6 million earmarked for One San Diego. State law requires they be disclosed so the public can see who is donating money to a public official’s favored cause. Many of the contributions have been made by people and companies with direct business interests before the city. Lani Lutar, a registered lobbyist who regularly meets with the mayor’s senior aides on behalf of her clients, has served as the One San Diego board chairperson for several years.

Connecticut – Connecticut Presidential Primary Pushed Back Two More Months to Aug. 11 Due to Coronavirus Concerns
Hartford Courant – Christopher Keating | Published: 4/17/2020

In a second delay caused by the coronavirus pandemic, Connecticut’s presidential primary will be pushed back to August 11. Gov. Ned Lamont made the announcement that he was acting in concert with Secretary of the State Denise Merrill to postpone the date by an additional two months. The state has already set aside August 11 as the day for Republican and Democratic primaries for Congress, state Legislature, and local offices. As a result, towns will save money by opening polling places once, instead of twice. Since local conventions have not yet been held, the candidates for those primaries will not be settled until the coming weeks and months.

Illinois – Mayor Lori Lightfoot Introduces Plan to Change Chicago’s City Ethics Rules, Again Allowing Some Elected Officials to Lobby City Government
Chicago Tribune – John Byrne | Published: 4/22/2020

Chicago Mayor Lori Lightfoot introduced a proposal to weaken rules against elected officials lobbying the city that was passed last year. Lightfoot’s amendment to the lobbying ordinance would allow elected officials from outside Chicago to lobby the city council, the mayor’s office, and other city government offices, as long as the public body they represent does not have pending or recurring legislative or contractual matters involving Chicago. That change would partially walk back the stricter standards the council passed following an impassioned debate in December, which barred all elected officials in Illinois from lobbying the city.

Louisiana – Louisiana’s Presidential Primary, Local Elections to Be Delayed Again Amid Coronavirus Pandemic
New Orleans Advocate – Sam Karlin | Published: 4/14/2020

Louisiana’s presidential primary and other local elections have been delayed again until late summer as state leaders offer up a plan that includes expanded access to early voting and mail-in ballots but is expected to still feature in-person voting for most people. Secretary of State Kyle Ardoin and Gov. John Bel Edwards agreed to delay the presidential primary election originally set for April 4th until July 11th to give Ardoin’s office more time to prepare. The subsequent general election for some local races was delayed until August 15th.

Michigan – Brenda Jones Took Illegal Campaign Cash from Donors Doing Business with the City of Detroit
The Intercept – Matthew Cunningham-Cook | Published: 4/21/2020

Detroit City Council President Brenda Jones accepted campaign contributions that violate Michigan’s “pay-to-play rules, according to a review of campaign finance records and interviews with ethics experts. During her 2017 bid for reelection to city council, Jones accepted $5,500 in campaign contributions from then-First Independence Bank Chief Executive Officer Barry Clay, and an additional $4,000 in political donations from First Independence Bank board member Douglas Diggs. The donations occurred as First Independence had a contract with the Detroit police and fire pension fund, of which Jones, as president of the council, is a trustee. First Independence runs a loan program for the pension fund.

Michigan – Michigan Cancels Contract with Two Democratic-Linked Firms That Had Been Tapped to Track Coronavirus
Connecticut Post – Matt Viser and Josh Dawsey (Washington Post) | Published: 4/21/2020

Gov. Gretchen Whitmer’s administration canceled a no-bid contract to help track the spread of the coronavirus in Michigan, a day after announcing the hiring of a state Democratic consultant and a national firm that has worked for prominent Democratic causes. The reversal comes amid complaints the governor tapped politically connected firms to collect health data on state residents and monitor sensitive medical information. The episode illustrates the political and ethical pitfalls involved in the large amounts of money suddenly being spent across the country to curb the pandemic and boost the economy. Companies receiving aid and contracts have been criticized in recent weeks for ties to one party or the other, and Democrats and Republicans have wrangled over the best way to oversee the process.

New Mexico – Ex-Rio Arriba Official Faces Allegations
Albuquerque Journal – Edmund Carrillo | Published: 4/19/2020

Former Rio Arriba County Commissioner Barney Trujillo made over $100,000 from three contracts with Española Public Schools, yet did so without the proper business licenses, the New Mexico Attorney General’s Office says. As a contract holder with the school district, he also never disclosed he contributed to the campaigns of two school board members, which is a violation of governmental conduct laws, according to the attorney general’s office. Trujillo faces three counts of unlawful interest in a public contract and one count of failing to disclose campaign contributions. He could face up to six years in prison.

North Carolina – Voting Rights Advocates File Lawsuit Over Allegedly Insecure North Carolina Voting Machines
The Hill – Maggie Miller | Published: 4/15/2020

A group of voting rights advocates filed a lawsuit alleging that voting machines used in almost two dozen North Carolina counties are not secure and could lead to voter disenfranchisement in the midst of the COVID-19 pandemic. The lawsuit alleges the use of the ExpressVote XL voting machine violates the constitutional right of individuals in the state to free and fair elections and has cyber vulnerabilities that could lead to election interference. The machines involve the voter inputting their choices digitally, with the machine then printing out a paper sheet with a barcode embedded with the voter’s choices. The voting rights advocates point to this system as making it impossible for the average voter to ensure their vote was not changed and was accurate.

Ohio – Appeals Court Entertains Arguments on Whether Jimmy Dimora Should Receive New Trial
Cleveland Plain Dealer – Eric Heisig | Published: 4/16/2020

Federal appeals court judges grilled a prosecutor and a defense lawyer on whether former Cuyahoga County Commissioner Jimmy Dimora should get another chance to prove his innocence. Dimora has argued that errors in the instructions a judge gave to the jury that convicted him in 2012, as well as the judge’s decision to disallow the former commissioner to present his Ohio ethics reports, means he should get a new trial. Dimora is serving a 28-year prison sentence for corruption-related convictions.

Oregon – Portland Mayor Ted Wheeler Violated Campaign Finance Disclosure Rules, City Elections Official Says
Portland Oregonian – Everton Bailey Jr. | Published: 4/21/2020

Portland Mayor Ted Wheeler broke new city election rules by not properly disclosing his largest campaign contributors on his reelection website or two campaign social media accounts, the city auditor’s office ruled. Rules that took effect with this election cycle require candidates to prominently list the top five donors who have given more than $1,000 on campaign communications, said Elections Officer Deborah Scroggin. Wheeler announces “Paid for by Friends of Ted Wheeler” on his campaign website, but the top contributors are not identified there or on his re-election Facebook page or Twitter account.

Texas – More Than Half of Gov. Greg Abbott’s Coronavirus Panel on Reopening Texas Are Campaign Donors
Dallas Morning News – Allie Morris, Ariana Giorgi, and Robert Garrett | Published: 4/18/2020

Gov. Greg Abbott named 39 prominent Texans, most business and industry leaders, to a panel that will help guide a reopening of the state’s economy after the coronavirus. Many of them are also campaign donors. Thirty-one of the counci’’s 39 members have contributed to Abbott’s past runs for governor and attorney general, and since 2015, 25 have given Abbott’s gubernatorial campaign at least $5.8 million combined. The choices are drawing fire from government-transparency advocates, union officials, and Democratic leaders who fear that public health could be subordinated to profit motives as tough judgment calls are made in the coming weeks and months about easing isolation edicts.

Texas – Top Travis County Official Returns $5,000 After Campaign Ethics Violation
Austin American-Statesman – Ryan Autullo | Published: 4/16/2020

State Senate candidate Sarah Eckhardt, the acting county judge in Travis County, acknowledged accepting political contributions in violation of finance law. Candidates in statewide races are prohibited by the Texas Ethics Commission from knowingly accepting a contribution at a time when a campaign treasurer is not in place. The person who filed the complaint is University of Texas student Blake Beatty, who said he discovered Eckhardt’s impermissible fundraising, because “I’ve had a lot of free time on my hands during the quarantine.”

Washington – Justices: $18M campaign finance penalty to be reconsidered
AP News – Gene Johnson | Published: 4/16/2020

A record fine levied against the Grocery Manufacturers Association for concealing the identities of the food and beverage companies that spent $11 million to defeat a GMO-labeling initiative in 2013 was upheld by the Washington Supreme Court. In a five-to-four decision, justices overruled an appeals court and reinstated an $18 million fine against the trade group, now known as the Consumer Brands Association. The decision does not fully settle whether the penalty will stand. The court did not rule on whether the penalty violates the Eighth Amendment’s prohibition on excessive punishment. The justices sent the case back to the appeals court to “scrutinize carefully” whether the fine is constitutional.

Wisconsin – After Losing Election, State Supreme Court Justice Daniel Kelly Signals He Will Participate in Voter Rolls Case
Milwaukee Journal Sentinel – Patrick Marley | Published: 4/16/2020

Days after learning he was losing his seat on the state Supreme Court, Justice Daniel Kelly signaled he would participate in a case over who should remain on Wisconsin’s voter rolls after earlier stepping away from the lawsuit. The case is expected to determine whether tens of thousands of voters who are suspected of having moved can stay on the state’s voter rolls. Kelly issued a court order saying it appears he no longer has a conflict in the case. He asked those involved in the case to file briefs on what they think he should do before he makes a final decision. Kelly had stayed away from the case because it could have affected who was a registered voter for the April 7 election, when he was on the ballot.

Wisconsin – At Least Seven in Wisconsin Contract Coronavirus During Voting
MSN – Nick Corasaniti and Reid Epstein (New York Times) | Published: 4/21/2020

Milwaukee health officials said they had identified at least seven people who contracted the coronavirus from participating in Election Day on April 7, which was held despite a stay-at-home order issued throughout the state. The officials say the number may be higher as they are still conducting testing. Other cities have not reported any cases tied to voting yet. The Wisconsin Department of Health Services said it would also be studying any voters or election workers who contracted the virus from voting.

Wisconsin – Vote by Mail in Wisconsin Helped a Liberal Candidate, Upending Old Theories
New York Times – Reid Epstein | Published: 4/21/2020

The liberal candidate in the April 7 Wisconsin Supreme Court race prevailed in voting by mail by a significant margin, upending years of study showing little advantage to either party when a state transitions from in-person to mail voting. The gap suggests Democrats were more organized and proactive in their vote-by-mail efforts in an election conducted under extraordinary circumstances, with voters forced to weigh the health risks of voting in person against the sometimes unreliable option of requesting and mailing in their ballots. Still, it is likely to add to the skepticism President Trump and Republicans have expressed bout mail voting, which they worry would increase Democratic turnout at Republicans’ expense.

On April 21, the General Assembly announced the regular session will not reconvene before the May 6 constitutional adjournment date.

Due to the ongoing COVID-19 pandemic, the legislative session has been suspended since March 11.

Legislative leaders expect a special session to be called in the coming months to address pending bills to ensure the continuity of government functions.

This does not immediately affect lobbyist reporting.