The House passed legislation on October 10 to reverse the state budget bill, restoring a business tax exemption for attorneys and lobbyists.

Senate Bill 26 was originally introduced to allow educators to claim an income tax deduction for out-of-pocket classroom expenses.

The House Finance Committee approved amendments to restore the deduction for attorneys and lobbyists excluded in the two-year state operating bill tax policy of House Bill 166.

Since 2013, the state business income deduction (BID) has allowed those deriving income from any pass-through entity (e.g., LLCs, LLPs) to pay no tax on the first $250,000 of income and a flat 3% on any income above the threshold.

House Bill 166 excluded otherwise eligible income from legal services provided by an attorney or income from legislative, executive agency, or retirement system lobbying activity beginning in 2020.

Senate Bill 26 has been re-referred to the Senate for final approval.

Campaign Finance

National: “FEC Chairwoman Says She ‘Will Not Be Silenced’ after Republican Lawmaker Requests Ethics Investigation” by Kaatina Iyer for CNN

National: “Ukraine Scandal Snags Pete Sessions’s Congressional Comeback Bid” by Catie Edmondson (New York Times) for MSN

Arkansas: “Speaking as Taxpayer in TV Ad, Griffin Says; His Appearance Raises Campaign Questions” by Alyson Hoge for Arkansas Democrat-Gazette

Illinois: “Caught on Tape: Ex-Ald. Danny Solis sought money from Jerry Reinsdorf group” by Tim Novak for Chicago Sun-Times

Ethics

National: “Giuliani Pressed for Turkish Prisoner Swap in Oval Office Meeting” by Jo Becker, Maggie Haberman, and Eric Lipton (New York Times) for MSN

National: “Appeals Court Rules Against Trump in Fight with Congress Over President’s Accounting Firm Records” by Ann Marimow, Spencer Hsu, and David Fahrenthold (Washington Post) for Washington Post

Florida: “$500 Ethics Fine Against Dennis McDonald Now Upped to $10,000, with Governor’s Reprimand and Censure” by   for FlaglerLive.com; Staff

North Dakota: “North Dakota Ethics Commission Receives First Complaint” by Jack Dura for Bismarck Tribune

National/Federal

Bernie Sanders Says He Will Slow His Campaign Pace After Heart Attack
ENM News – Sydney Ember and Jonathan Martin (New York Times) | Published: 10/8/2019

U.S. Sen. Bernie Sanders, in a striking concession for a leading presidential candidate, said he planned to slow down his pace on the campaign trail after suffering a heart attack, and acknowledged voters would likely consider his health when deciding whether to support him. Sanders’ remarks stood in contrast with comments in recent days from his campaign advisers, who have insisted the senator was neither changing course nor easing his trademark intensity as a result of the heart attack. Given Sanders’ influential role in the Democratic race, not only as a top candidate but also as a driving force in policy debates, his decision to pull back campaigning injects new uncertainty into the contest.

Bernie Sanders, Resting at Home, Announces Plan to Curtail Money in Politics
San Francisco Chronicle – Chelsea Janes (Washington Post) | Published: 10/7/2019

As U.S. Sen. Bernie Sanders recovers at his home from a heart attack, his presidential campaign is pushing ahead without his typical frequent campaign appearances and trying to foster a sense of business as usual. The campaign released a plan to “get corporate money out of politics,” a proposal that would eliminate big-dollar fundraising for all federal elections, enact a constitutional amendment to declare campaign contributions are not speech, and take aim at the Democratic National Convention. The changes would undermine the fundraising approach of not only President Trump and the Republicans, but almost all of Sanders’s fellow Democratic candidates, too.

Bipartisan Senate Report Calls for Sweeping Effort to Prevent Russian Interference in 2020 Election
MSN – Craig Timberg and Tony Romm (Washington Post) | Published: 10/8/2019

A bipartisan panel of U.S. senators called for sweeping action by Congress, the White House, and Silicon Valley to ensure social media sites are not used to interfere in the coming presidential election, delivering a sobering assessment about the weaknesses that Russian operatives exploited in the 2016 campaign. The Senate Intelligence Committee, a Republican-led panel that has been investigating foreign electoral interference for more than two-and-a-half years, said in blunt language that Russians worked to damage Hillary Clinton while bolstering Donald Trump, and made clear that fresh rounds of interference are likely ahead of the 2020 vote.

DC Court Refuses to Overturn Campaign Finance Law
Courthouse News Service – Megan Mineiro | Published: 10/3/2019

A panel of the U.S. Court of Appeals for the District of Columbia Circuit rejected a bipartisan appeal from lawmakers to upend precedent on campaign finance law, upholding an earlier decision. The 2010 SpeechNow v. Federal Election Commission ruling held that certain PACs can collect unlimited contributions from both individuals and corporations with the caveat being that PAC activities are not made “‘in cooperation, consultation, or concert, with, or at the request or suggestion of” a candidate, campaign, or political party. “Since the purpose of this lawsuit is to challenge the D.C. Circuit’s 2010 SpeechNow decision, we look forward to now presenting the case to a court that is authorized to overrule SpeechNow, which the three-judge panel was not empowered to do,” said Ronald Fein, an attorney with Free Speech For People.

Donald Trump’s Longtime Business Connections in Turkey Back in the Spotlight
NBC News – Heidi Przybyla and Anna Schecter | Published: 10/9/2019

President Trump’s decision to pull U.S. troops out of Northern Syria has drawn harsh rebukes from both Republicans and Democrats in Congress and raised alarm bells among America’s allies across the globe. While the president has defended the decision as part of his longtime promise to end U.S. military involvement in the region, even his staunchest supporters at home warned it has essentially given Turkey a green light for a major military offensive against the Kurdish minority there, a target of Turkish President Recep Tayyip Erdogan. The fact that Trump made his decision to remove the troops shortly after a phone call with Erdogan has raised alarm bells from policymakers, as well as government ethics watchdog groups who have long seen Trump’s extensive business interests as a potential area for conflicts-of-interest.

Elaine Chao Favored Kentuckians in Meeting with Officials Seeking Grants
Politico – Tanya Snyder, Tucker Doherty, and Arren Kimbel-Sannit | Published: 10/7/2019

In her first 14 months as Transportation secretary, Elaine Chao met with officials from Kentucky, which her husband Mitch McConnell represents in the Senate, vastly more often than those from any other state. In all, 25 percent of Chao’s scheduled meetings with local officials of any state from January 2017 to March 2018 were with Kentuckians. At least five of Chao’s 18 meetings with local Kentuckians were requested in emails from McConnell staffers, who alerted Chao’s staff members which of the officials were “friends” or “loyal supporters,” according to records. Some of the officials who met with Chao had active grant applications before the Department of Transportation through competitive programs and the emails indicate the meetings sometimes involved the exchange of information about grants and opportunities for the officials to plead their case directly before Chao.

Facebook’s Hands-Off Approach to Political Speech Gets Impeachment Test
ENM News – Cecilia Kang (New York Times) | Published: 10/9/2019

Facebook rejected a request from Joe Biden’s presidential campaign to take it down a video ad by President Trump’s campaign, even though CNN refused to air the ad, saying it made false accusations. In a letter to the Biden campaign, Facebook said the ad did not violate company policies. The social network recently announced that politicians and their campaigns had nearly free rein over content they post there. Even false statements and misleading content in ads, the company has said, are an important part of the political conversation. Facebook’s decision illustrates its executives’ resolve to stay out of the moderation of political speech, despite the use of the social network to spread disinformation in the 2016 presidential campaign.

He Was Trump’s First Fan in Congress. Now He’s a Felon.
ENM News – Vivian Wang (New York Times) | Published: 10/8/2019

The story of former U.S. Rep. Christopher Collins’s rise and fall – businessperson to congressional backbencher, then presidential cheerleader to felon – is a tale of money, politics, family ties and murky ethics. It is also the story of a man who rose to prominence by hitching himself to Donald Trump, and whose star then plummeted as quickly as it rose. Collins resigned his seat and agreed to plead guilty to conspiracy to commit securities fraud and lying to federal investigators. He faces up to 10 years in prison, but prosecutors and defense lawyers have agreed to seek a sentence between 46 months and 57 months.

Legal Team Says It Represents a Second Whistle-Blower Over Trump and Ukraine
MSN – Annie Karni and Nicholas Fandos (New York Times) | Published: 10/4/2019

An intelligence official with “firsthand knowledge” has provided information related to President Trump’s dealings with Ukraine and is now protected from retaliation as a whistle-blower, lawyers representing the official said, confirming a second individual has come forward in the matter. Much is unknown about the official, who has been interviewed by the intelligence community’s inspector general but has not filed a formal complaint. But the individual has hired the same legal team as the first whistle-blower. That, and the claim of “firsthand knowledge,” suggests testimony that might bolster the impeachment case against Trump and further undermine one of his main defense claims: that the accusations against him are based on inaccurate, secondhand information.

Officials’ Texts Reveal Belief That Trump Wanted Probes as Condition of Ukraine Meeting
MSN – Karoun Demirjian, Rachael Bade, Josh Dawsey, and John Hudson (Washington Post) | Published: 10/4/2019

House investigators released numerous text messages illustrating how senior State Department officials coordinated with the Ukrainian president’s top aide and President Trump’s personal lawyer to leverage a potential summit between the heads of state on a promise from the Ukrainians to investigate the 2016 U.S. election and an energy company that employed Joe Biden’s son. The texts, which former special U.S. envoy to Ukraine Kurt Volker provided investigators, reveal officials felt Trump would not agree to meet with Ukrainian President Volodymyr Zelensky unless Zelensky promised to launch the investigations, and did so publicly.

Rick Perry’s Focus on Gas Company Entangles Him in Ukraine Case
ENM News – Kenneth Vogel, Matina Stevis-Gridneff, and Andrew Kramer (New York Times) | Published: 10/7/2019

When Energy Secretary Rick Perry led an American delegation to the inauguration Ukraine President Volodymyr Zelensky, he suggested the names of Americans the new government might want to advise and oversee the country’s state-owned gas company. Perry’s focus during the trip on Ukraine’s energy industry was in keeping with a push he had begun months earlier and was consistent with U.S. policy of promoting anti-corruption efforts in Ukraine and greater energy independence. But his actions during the trip have entangled him in a controversy about a pressure campaign waged by President Trump and his allies directed at the new Zelensky that is at the center of the impeachment inquiry into Trump. That effort sought to pressure Zelensky’s government to investigate Trump’s rivals, including former Vice President Joe Biden.

‘Shadow Lobbying’ in Trump’s Washington
Center for Responsive Politics – Karl Evers-Hillstrom and Dan Auble | Published: 10/3/2019

The Center for Responsive Politics investigated several aspects of unreported lobbying and advocacy in Washington, D.C. The analysis indicated that undisclosed lobbying activities are common. When an individual engages in advocacy to influence public policy but does not register as a lobbyist, it is typically referred to as “shadow lobbying.” It is common, for example, that a top government affairs employee oversees lobbying activity but never actually registers under the Lobbying Disclosure Act by exploiting its various loopholes.

Silence on Big-Money Bundlers Bedevils Watchdog Groups
The Fulcrom; Staff –   | Published: 10/9/2019

Some of the most prominent political reform groups have been pressing the presidential candidates for months to be transparent about who is helping them fill their campaign coffers. But they are getting hardly anywhere. The group put out another plea recently, urging all 19 Democrats remaining in the race, plus President Trump and his three Republican challengers, to “implement a system to regularly and meaningfully disclose information” about their so-called bundlers. Since the first request was sent, only one candidate has come close to meeting the coalition’s demands: Pete Buttigieg. He released a list of his two dozen bundlers in April, but it did not include how much money each had collected on his behalf.

Trump’s 2016 Campaign Was Run on a Shoestring. His Reelection Machine Is Huge – and Armed with Consultants.
Philadelphia Inquirer – Michelle Ye Hee Lee and Anu Narayanswamy (Washington Post) | Published: 10/8/2019

Donald Trump’s presidential campaign in 2015 had no pollster, rapid-response team, or fundraiser. A bare-bones staff toiled in a makeshift office at Trump Tower. His opponents vastly outspent him – and lost. But as president, Trump’s campaign machine has dramatically escalated, powered by a historically large fund of donations large and small that has given him a head start over the eventual Democratic nominee. The spending has also created a financial boon for a political-consulting class he once shunned. Beneficiaries of that money include a mix of experienced hands who have long been part of the GOP establishment and a newer crop of strategists who rode Trump’s coattails to a potentially lucrative career in presidential politics.

Two Business Associates of Trump’s Personal Attorney Giuliani Have Been Arrested on Campaign Finance Charges
MSN – Devlin Barrett and John Wagner (Washington Post) | Published: 10/10/2019

Two Florida businesspeople tied to President Trump’s personal lawyer Rudolph Giuliani were arrested on campaign finance violations resulting from a $325,000 donation to a PAC supporting Trump’s reelection. Lev Parnas and Igor Fruman were arrested on a four-count indictment that includes charges of conspiracy, making false statements to the FEC, and falsification of records. Parnas and Fruman were central to Giuliani’s efforts to get government officials in Ukraine to investigate business dealings by former Vice President Joe Biden and his son. The indictment, filled with allegations of political donations being made in secret for the benefit of foreign interests, only adds to the growing legal and political pressure on Trump and Giuliani as they try to fend off Democrats’ impeachment efforts.

US-Based Foreign Agent Bankrolled Ukraine President Zelensky’s DC Lobbying in Hopes of Ukrainian Government Job
Center for Responsive Politics – Anna Massoglia and Yue Stella Yu | Published: 10/7/2019

A little-known U.S.-based attorney, Marcus Cohen, quietly poured six figures into foreign influence operations for Ukraine President Volodymyr Zelensky, hoping to be rewarded with a job in his administration. The new Foreign Agent Registration Act (FARA) records reveal previously unreported meetings with Trump administration officials and details of a six-figure lobbying campaign promoting Zelensky’s interests in the U.S. during the leadup to his election and now-infamous phone call with President Trump. Cohen’s FARA registration follows a request by the Justice Department. He has previously operated under the radar with little paper trail.

Warren Swears Off High-Dollar Fundraisers in Potential General Election
Politico – Alex Thompson and Elena Schneider | Published: 10/9/2019

U.S. Sen. Elizabeth Warren said she will continue to swear off high-dollar campaign fundraisers in the general election if she becomes the Democratic presidential nominee, extending her self-imposed ban on the events beyond the primary and reversing an earlier statement. Warren had said earlier this year that she could do high-dollar fundraisers as the Democratic nominee in 2020 after swearing them off in the primary, to avoid “unilateral disarmament” against President Trump and the GOP. Campaign spokesperson Kristen Orthman clarified that Warren’s pledge would apply only to her presidential campaign, not to raising money for the Democratic Party or other candidates.

White House Declares War on Impeachment Inquiry, Claiming Effort to Undo Trump’s Election
MSN – Nicholas Fandos, Peter Baker, Michael Schmidt, and Maggie Haberman (New York Times) | Published: 10/8/2019

The White House declared it will halt all cooperation with the impeachment probe by House Democrats. In an eight-page letter, the White House said the inquiry into the Ukraine scandal was without merit, complained that President Trump has been denied his due process rights, and argued Democrats were intent on overturning the results of the 2016 election and influencing the 2020 contest. Trump’s decision to resist across the board is itself a potentially precedent setting move that could have far-reaching implications for the inquiry. Democrats believe it bolsters their list of impeachable offenses, adding the stonewalling of Congress to the tally, but it could also deprive them of crucial witnesses and evidence they might need to lodge credible charges against the president.

From the States and Municipalities

Alabama – Montgomery, Ala., Elects Its First African American Mayor After 200 Years
MSN – Meagan Flynn (Washington Pot) | Published: 10/9/2019

Making history, voters in Montgomery, Alabama, elected Steven Reed as the first African American mayor in the 200 years since the city’s founding. His victory reverberated well beyond Montgomery as many celebrated the milestone in a city remembered as both the cradle of the Confederacy and the birthplace of the civil rights movement. Montgomery, where about 60 percent of residents are black, was the first capital of the Confederate States of America, becoming a bastion of racial violence and discrimination in the Jim Crow era but also of protests and resistance in the civil rights era.

Alaska – New Rule Could Put State on Defense When an Alaska Governor Is Accused of an Ethics Violation
Anchorage Daily News – James Brooks | Published: 10/5/2019

Ten years ago, Sarah Palin announced she would resign as governor of Alaska. Explaining her decision, Palin gave a variety of reasons, including she felt financially and personally embattled by a host of ethics complaints. Under state law, she had to pay for her own legal defense. Under a proposed regulation now out for public comment, the state attorney general could direct the Department of Law to defend the governor or lieutenant governor if an ethics complaint is filed against them. The attorney general would have to state in writing that the defense is in the state’s best interest.

California – California Makes ‘Deepfake’ Videos Illegal, but Law May Be Hard to Enforce
The Guardian – Kari Paul | Published: 10/7/2019

California made it illegal to create or distribute “deepfakes” in a move meant to protect voters from misinformation but may be difficult to enforce. Gov. Gavin Newsom signed legislation that makes it illegal to create or distribute videos, images, or audio of politicians doctored to resemble real footage within 60 days of an election. Deepfakes are videos manipulated by artificial intelligence to overlay images of celebrity faces on others’ bodies and are meant to make viewers think they are real. But the new law will face a number of roadblocks, said Jane Kirtley, a professor of media ethics and law, as political speech enjoys more protections in print and online than in broadcast.

California – Judge in Insurance Case Refuses to Change Ruling in Favor of Lara Donor
San Diego Union Tribune – Jeff McDonald | Published: 10/4/2019

For the second time in three months, a judge for the California Department of Insurance refused to change or reconsider his ruling in a workers compensation case, despite direction from Commissioner Ricardo Lara or his special counsel. The case involves a subsidiary of a company whose executives gave thousands of dollars to Lara’s campaign. It is at least the fifth time the department took positions in cases that benefited Applied Underwriters, an Oklahoma insurer whose California subsidiary sold what are called EquityComp policies, which have generated dozens of complaints to state regulators.

Connecticut – Partnership for CT Opens First Meeting to Public, but Transparency Questions Persist
Connecticut Mirror – Kathleen Megan | Published: 10/8/2019

The Partnership for Connecticut has invited the public to the first “organizational meeting” of its governing board, but it is unclear what portion of that meeting, or subsequent meeting, will be open, or what the board will be discussing. The new partnership and its board, a private, nonprofit organization created to carry out a public-private collaboration between the state and Dalio Philanthropies, has been the subject of controversy since lawmakers exempted it from state disclosure and ethics rules even though taxpayer money is being used in the endeavor.

Florida – Rosen Gonzalez Cleared in Ethics Probe After Accusation She Lobbied for Contractors
Miami Herald – Martin Vassolo | Published: 10/5/2019

The most recent ethics complaint lodged against Miami Beach Commission candidate Kristen Rosen Gonzalez was dismissed about four months ago, according to an investigative report. At issue was whether Rosen Gonzalez violated the county’s ethics code, which prohibits former city officials from lobbying the city within two years after leaving their position. The Miami-Dade Commission on Ethics & Public Trust concluded there was insufficient evidence that Rosen Gonzalez, a former city commissioner, had lobbied senior city staff on behalf of three businesses contracted to do flooding-related work for the city.

Kansas – Wichita Council Members Can Take Unlimited Gifts. It’s Not Like That Everywhere
Wichita Eagle – Jonathan Shorman and Chance Swaim | Published: 10/6/2019

A Wichita Eagle review of cities across the region found ethics codes that prohibit specific behavior by elected officials that would leave them open to improper influence. Some states even require local officials to receive ethics training. In Wichita, city employees can be fired for accepting gifts, travel, or meals from anyone doing business with the city. But those rules do not apply to the mayor and city council. Instead, council members are supposed to follow an ethics ordinance that forbids them from doing business with friends and clients, with enforcement left up to the council itself.

Maryland – Del. Tawanna Gaines, Longtime Md. Lawmaker, Charged with Federal Wire Fraud
Washington Post – Ovetta Wiggins and Erin Cox | Published: 10/7/2019

Maryland Del. Tawanna Gaines was charged with federal wire fraud, accused of using $22,000 in campaign funds for personal expenses. She abruptly resigned from the General Assembly. She is accused of defrauding her campaign account, Friends of Tawanna P. Gaines, by soliciting donations that were directed to a PayPal account that was not disclosed in state campaign finance filings. Court documents allege Gaines told donors the money would go to her reelection campaign and to help her maintain her leadership positions. Instead, she is accused of using the money for herself.

Minnesota – Minneapolis Arena Backs Off on Rally Security Costs after Trump Campaign Cries Extortion, Threatens to Sue
Washington Post – Colby Itkowitz | Published: 10/8/2019

After the Trump campaign threatened to sue a Minneapolis arena for passing along a large security bill from the city to cover costs of the president’s political rally there later this week, the venue withdrew the request. Minneapolis officials told the Target Center, where Trump is slated to appear, that it would be responsible for the $530,000 the city says it will need to beef up security for the visit. The Target Center planned to pass that bill along to the Trump campaign and said the campaign would have to pay or it could not use the arena. But after a day of angry tweets from the president, the campaign announced the arena will not be canceling the contract and the campaign will not be paying any additional fees.

Mississippi – 4 Louisiana Men Plead Guilty in Mississippi Bribe Scheme
AP News – Jeff Amy | Published: 10/3/2019

Four Louisiana men have pleaded guilty to conspiring to bribe Mississippi’s former corrections commissioner and trying to bribe a Mississippi sheriff. Michael LeBlanc Sr., Michael LeBlanc Jr., Tawasky Ventroy, and Jacque Jones each entered a guilty plea in federal court to one count of conspiracy. All four men say they paid former Mississippi Corrections Commissioner Christopher Epps a $2,000 bribe in 2014 and promised him future bribes to secure his help in influencing sheriffs, especially those with regional jails overseen by the state, to let them sell phone service and commissary goods to inmates. They also admit to giving Kemper County Sheriff James Moore $2,000 in casino chips in an unsuccessful attempt to bribe him.

Missouri – Mystery Money Tied to McKee Slips into Missouri Attorney General Race
St. Louis Post-Dispatch – Jack Suntrup | Published: 10/3/2019

A St. Louis-based company that contributed to a committee supporting Missouri Attorney General Eric Schmitt’s election will not disclose anything about itself. The EC I Fund donated $10,000 to the MO Opportunity PAC, which was formed in support of Schmitt’s 2020 election bid. The contribution represents a fraction of the more than $670,000 the MO Opportunity PAC has secured this year, but it raises questions about whether the attorney general’s office can, or should, wall off Schmitt from cases that may involve EC I Fund officials, especially if the identities of those officials are unknown.

Nevada – LVCVA Board Bans Gifts as Part of Ethics Overhaul
Las Vegas Review-Journal – Jeff German | Published: 10/8/2019

Las Vegas Convention and Visitors Authority (LVCVA) board members approved new ethics rules that ban members from accepting gifts and tighten controls over travel. The changes have come amid a media investigation that found excessive spending at the tax funded LVCVA and lax board oversight of gifts and traveling expenses. The move also came after prosecutors filed felony theft charges against three former LVCVA executives over the mishandling of $90,000 in Southwest Airlines gift cards bought by the agency between 2012 and 2017. The new policies remove a $400 limit on accepting gifts and no longer encourage board members to travel abroad on LVCVA business unless they have expertise that can assist staff on a trip.

Nevada – State Republican Party Chair Did Little Work for Second Job as Dental Board Lobbyist, Records Show
Nevada Independent – Riley Snider | Published: 10/6/2019

Michael McDonald in September won re-election to a fifth term leading Nevada’s Republican Party. But leading the state GOP is not the only job on McDonald’s plate. For the past year, he has worked as the lobbyist for the Nevada State Board of Dental Examiners, the seventh-largest occupational licensing board in the state, although public records raise questions about his work for the board. Since he was hired in May 2018 (beating out two established lobbying firms led by former lawmakers), records indicate McDonald has spoken at just one board meeting in that 16 months. Public records requests reveal his only written correspondence with the board since he was hired has been monthly invoices, a request for $3,428.57 every month. Lobbyists and lawmakers reported not interacting or seeing him during the legislative session.

New York – Federal Judge Rules Trump Must Turn Over His Tax Returns to Manhattan DA, but Trump Has Appealed
MSN – David Fahrenthold and Ann Marimow (Washington Post) | Published: 10/7/2019

A federal judge dismissed President Trump’s lawsuit seeking to block the Manhattan district attorney from obtaining the president’s tax returns as part of an investigation into hush-money payments during the 2016 campaign. That decision does not mean the tax returns will be handed over immediately. Trump appealed within minutes, and an appeals court put the case on hold until it can hear the president’s challenge. But the ruling by U.S. District Court Judge Victor Marrero was still a broad rejection of Trump’s precedent-shattering argument in this case. The president argued that, as long as he is president, he cannot be investigated by any prosecutor, anywhere, for any reason. Marrero said that was “repugnant” to an American ideal as old as the Constitution: that no person, even a president, is above the law.

North Carolina – NC House Speaker Suing Duke Energy
WRAL – Travis Fain | Published: 10/8/2019

North Carolina House Speaker Tim Moore, who has power over whether bills live or die, is suing a company making one of the biggest lobbying pushes of this legislative session: Duke Energy. Moore is the lead attorney in a negligence case. A farmer was electrocuted when the sprayer boom on his tractor lifted into a power line. A lawsuit Moore filed on the family’s behalf argues that Duke’s line was too low. State Rep. David Lewis, who used to own a tractor dealership, is a paid expert witness in the case. Moore said he does not see a conflict-of-interest. He said Duke has not tried to curry favor with a settlement proposal as the company’s lobbying team works to pass Senate Bill 559, a potential major change in the way North Carolina sets electricity rates.

Oregon – Don’t Hire Your Relatives, Oregon Ethics Watchdog Tells Secretary of State
Portland Oregonian; Staff –   | Published: 10/3/2019

Oregon’s ethics watchdog says Secretary of State Bev Clarno cannot hire her son, or any other family member, to perform paid work for her office without running afoul of the state’s conflict-of-interest law. Questions of nepotism arose after Clarno appointed her son, Randy Hilderbrand, to an unpaid volunteer role when she took over the office. Gov. Kate Brown appointed Clarno to replace Dennis Richardson, who died in February. While that may be the guidance for the secretary of state, Oregon legislators follow an entirely different rule. Oregon is one of the few states in the nation that allows lawmakers to hire family members. The Legislature passed a bill a decade ago providing lawmakers an exception to state anti-nepotism laws.

Pennsylvania – How Working Families Party’s Kendra Brooks Built the Biggest Independent Fundraising Machine in Philly Council History
Philadelphia Inquirer – Jonathan Lai and Sean Collins Walsh | Published: 10/9/2019

In her bid to win a Philadelphia City Council seat that has been held by Republicans for decades, Working Families Party candidate Kendra Brooks has drawn endorsements from high-profile elected officials and some unions, anger from the city’s Democratic establishment, and the backing of Philadelphia’s progressive movement. She has also raised a record amount of money for a third-party candidate. Beyond the total amount, Brooks’ fundraising is qualitatively different than that of most candidates.

Pennsylvania – The Amish Are the Target of a Republican Campaign to Drum Up Pa. Votes for Trump
Philadelphia Inquirer – Julie Zauzmer (Washington Post) | Published: 10/9/2019

Donald Trump won Pennsylvania in 2016 by a margin of less than 45,000 votes. The state is also home to 75,000 Amish people, most of whom do not vote. Two Republican political operatives are trying to convince the Amish to come out to the polls, where their votes might be influential. Their project, which started with billboards and newspaper ads urging Amish people to vote for Donald Trump, goes by the name Amish PAC. Amish people tend to align on policy with Republicans, who share their opposition to abortion and same-sex marriage. But making voters out of the Amish, who forgo technology like television and the Internet and who believe in the separation of their religious community from government intrusion, may be a steep goal.

Rhode Island – Grand Jury Probe Shines Spotlight on R.I. Speaker’s Narrow 2016 Campaign Win
Boston Globe – Dan McGowan | Published: 10/9/2019

Three weeks before the 2016 election, with Rhode Island House Speaker Nicholas Mattiello in a close race, his campaign had one last trick up its sleeve: an endorsement from Shawna Lawton, a little-known Republican who lost a primary to Mattiello’s general election opponent Steven Frias a month earlier. The campaign would mail the endorsement to thousands of voters in the district. Mattiello squeaked past Frias by 85 votes, and then he easily retained the speakership. But the details surrounding the endorsement mailer, including who paid for it and how it was arranged, have haunted Mattiello ever since. The state Board of Elections forwarded the case to the attorney general’s office, and now a grand jury has been convened to review whether anyone from Mattiello’s campaign broke the law.

Texas – The 2019 Texas Inauguration Cost a Record $5.3 Million. Where Are the Receipts?
Texas Tribune – Jay Root and Shannon Najmabadi | Published: 10/9/2019

The Texas Tribune filed a lawsuit seeking to discover what happened to the $5.3 million raised for Gov. Greg Abbott’s inauguration through ticket sales and donations from top lobbying firms, corporations and banks, wealthy businesspeople, and trade groups. The only accounting the inaugural committee has given came in its “final report” to the secretary of state’s office. In a one-page list of cash receipts and disbursements, the report gives 11 broad categories of expenditures. The Tribune asked the offices of the governor and lieutenant governor to help get basic information about the expenditures, such as who was paid to raise the money, the names of people or entities receiving large outlays, and which charities got donations. Most of those questions went unanswered.

Washington DC – D.C. Ethics Agency Failed to Probe Prominent Whistleblower Complaint, Audit Says
Washington Post – Fenit Nirappil | Published: 10/3/2019

The District of Columbia’s ethics agency mishandled a whistleblower complaint and has repeatedly failed to respond to city workers seeking guidance regarding ethics, according to a new report by city Auditor Kathy Patterson. The report found the Board of Ethics and Governmental Accountability failed to investigate a 2018 complaint from a whistleblower alleging city officials improperly steered millions of dollars to an affordable-housing developer with political connections, despite repeated attempts by the whistleblower and referrals from others in city government. The mishandling of the case appeared to be part of a broader pattern of dysfunction at the ethics board, Patterson wrote.

West Virginia – Supreme Court Won’t Intervene Over West Virginia Justices
AP News – John Raby | Published: 10/7/2019

The U.S. Supreme Court said it will leave in place a court decision that derailed the impeachment trials of three West Virginia Supreme Court justices accused of corruption. The case the high court declined to review was a decision by five acting justices of West Virginia’s highest court who ruled last year that prosecuting then-state Supreme Court Chief Justice Margaret Workman in the Senate would violate the state constitution’s separation of powers clause. The ruling in Workman’s case was later applied to also halt impeachment proceedings against two other justices who have since left the court.

Campaign Finance

Texas: “The 2019 Texas Inauguration Cost a Record $5.3 Million. Where Are the Receipts?” by Jay Root and Shannon Najmabadi for Texas Tribune

Elections

National: “Bernie Sanders Says He Will Slow His Campaign Pace After Heart Attack” by Sydney Ember and Jonathan Martin (New York Times) for ENM News

California: “California Makes ‘Deepfake’ Videos Illegal, but Law May Be Hard to Enforce” by Kari Paul for The Guardian

Pennsylvania: “The Amish Are the Target of a Republican Campaign to Drum Up Pa. Votes for Trump” by Julie Zauzmer (Washington Post) for Philadelphia Inquirer

Ethics

National: “Donald Trump’s Longtime Business Connections in Turkey Back in the Spotlight” by Heidi Przybyla and Anna Schecter for NBC News

National: “White House Declares War on Impeachment Inquiry, Claiming Effort to Undo Trump’s Election” by Nicholas Fandos, Peter Baker, Michael Schmidt, and Maggie Haberman (New York Times) for MSN

Minnesota: “Minneapolis Arena Backs Off on Rally Security Costs after Trump Campaign Cries Extortion, Threatens to Sue” by Colby Itkowitz for Washington Post

North Carolina: “NC House Speaker Suing Duke Energy” by Travis Fain for WRAL

Lobbying

Nevada: “LVCVA Board Bans Gifts as Part of Ethics Overhaul” by Jeff German for Las Vegas Review-Journal

Bidders attempting to contract with the Canadian federal government are required to certify they have not committed crimes of fraud or acts of corruptions.

Recent amendments to the Government Contracts Regulations require a bidder declare he or she has not, during the bid solicitation process, committed an act or engaged in an activity constituting any specifically enumerated violations under the nation’s Criminal Code, the Financial Administration Act, the Corruption of Foreign Public Officials Act, or the Competition Act.

Additionally, the amended rules allow a contracting authority to now enter into a construction contract, or any contract not using the solicitation of bids, when the value of the contract does not exceed $40,000, an increase from the previous threshold of $25,000.

Gov. Gavin Newsom signed a campaign finance bill imposing limits on contributions to candidates for elective county and city offices in jurisdictions that have not independently imposed contribution limits.

Currently, a county or a city may, by ordinance or resolution, limit campaign contributions in local elections. However, many counties and cities have not imposed such limits.

Assembly Bill 571 establishes contribution limits of $4,700 per election to a candidate for elective office in a city or county in which the local government has not established a limit.

The bill also allows a local government to establish different limits that are more precisely tailored to the needs of the community.

Assembly Bill 571 becomes effective January 1, 2021.

On October 2, 2019, a U.S. District Court for the District of New Jersey issued an opinion and order issuing a preliminary injunction.

The Injunction prohibits the state of New Jersey from enforcing the changes in the law from a bill passed earlier this year concerning disclosure requirements by independent expenditure committees.

Senate Bill 150, which was to take effect on October 15, requires the committees to disclose donors giving more than $10,000 and expenditures over $3,000.

The parties filing the lawsuit, Americans for Prosperity v. Grewal, argue the disclosure requirements are unconstitutional and violate the First Amendment.

The preliminary injunction will continue while the lawsuit proceeds.

On October 7, lawmakers in the Prince Edward Island Legislative Assembly solicited public input regarding what procedural rules they should follow.

The Standing Committee on Rules, Regulations, Private Bills and Privileges is seeking public input on the Rules of the Legislative Assembly, in particular on potential changes to the parliamentary calendar, sitting hours, and budget process.

Public comments and suggestions by individuals and organizations must be in writing and submitted to the Assembly by October 25.

Elections

National: “Trump’s 2016 Campaign Was Run on a Shoestring. His Reelection Machine Is Huge – and Armed with Consultants.” by Michelle Ye Hee Lee and Anu Narayanswamy (Washington Post) for Philadelphia Inquirer

National: “Bipartisan Senate Report Calls for Sweeping Effort to Prevent Russian Interference in 2020 Election” by Craig Timberg and Tony Romm (Washington Post) for MSN

Ethics

National: “Rick Perry’s Focus on Gas Company Entangles Him in Ukraine Case” by Kenneth Vogel, Matina Stevis-Gridneff, and Andrew Kramer (New York Times) for ENM News

National: “He Was Trump’s First Fan in Congress. Now He’s a Felon.” by Vivian Wang (New York Times) for ENM News

National: “White House Signals It Won’t Cooperate with Impeachment Inquiry” by Nicholas Fandos and Michael Schmidt (New York Times) for MSN

Mississippi: “4 Louisiana Men Plead Guilty in Mississippi Bribe Scheme” by Jeff Amy for AP News

West Virginia: “Supreme Court Won’t Intervene Over West Virginia Justices” by John Raby for AP News

Lobbying

National: “US-Based Foreign Agent Bankrolled Ukraine President Zelensky’s DC Lobbying in Hopes of Ukrainian Government Job” by Anna Massoglia and Yue Stella Yu for Center for Responsive Politics

Del. Tawanna Gaines resigned from her District 22 seat in advance of federal wire fraud charges.

Prosecutors allege from January 2015 through April 2018, Del. Gaines defrauded her campaign and its contributors by taking more than $22,000 from her campaign account for personal use.

If convicted, she faces up to 20 years in federal prison.

Rep. Jake Blum resigned from his District 42 seat on October 4, citing a move to Minnesota.

Republicans in District 42 will select a replacement to fill the vacant seat.

However, the replacement will not serve in the Legislature without winning a future election, since lawmakers will not meet in full session again until 2021 because of North Dakota’s biennial format.

The person selected will fill Blum’s committee assignments in the interim.

The next election for District 42 will be November 2020.

Campaign Finance

National: “Bernie Sanders, Resting at Home, Announces Plan to Curtail Money in Politics” by Chelsea Janes (Washington Post) for San Francisco Chronicle

California: “Judge in Insurance Case Refuses to Change Ruling in Favor of Lara Donor” by Jeff McDonald for San Diego Union Tribune

Maryland: “Prince George’s Delegate Charged with Wire Fraud, Resigns from Maryland General Assembly” by Pamela Wood for Baltimore Sun

Ethics

National: “Elaine Chao Favored Kentuckians in Meeting with Officials Seeking Grants” by Tanya Snyder, Tucker Doherty, and Arren Kimbel-Sannit for Politico

Kansas: “Wichita Council Members Can Take Unlimited Gifts. It’s Not Like That Everywhere” by Jonathan Shorman and Chance Swaim for Wichita Eagle

New York: “Trump Taxes: President ordered to turn over returns to Manhattan D.A.” by William Rashbaum and Benjamin Weiser (New York Times) for MSN

Oregon: “Don’t Hire Your Relatives, Oregon Ethics Watchdog Tells Secretary of State” by Staff for Portland Oregonian

Lobbying

Florida: “Rosen Gonzalez Cleared in Ethics Probe After Accusation She Lobbied for Contractors” by Martin Vassolo for Miami Herald

Campaign Finance

National: “DC Court Refuses to Overturn Campaign Finance Law” by Megan Mineiro for Courthouse News Service

Missouri: “Mystery Money Tied to McKee Slips into Missouri Attorney General Race” by Jack Suntrup for St. Louis Post-Dispatch

Ethics

National: “Officials’ Texts Reveal Belief That Trump Wanted Probes as Condition of Ukraine Meeting” by Karoun Demirjian, Rachael Bade, Josh Dawsey, and John Hudson (Washington Post) for MSN MSN

National: “Legal Team Says It Represents a Second Whistle-Blower Over Trump and Ukraine” by Annie Karni and Nicholas Fandos (New York Times) for MSN

Alaska: “New Rule Could Put State on Defense When an Alaska Governor Is Accused of an Ethics Violation” by James Brooks for Anchorage Daily News

Washington DC: “D.C. Ethics Agency Failed to Probe Prominent Whistleblower Complaint, Audit Says” by Fenit Nirappil for Washington Post

Lobbying

National: “‘Shadow Lobbying’ in Trump’s Washington” by Karl Evers-Hillstrom and Dan Auble for Center for Responsive Politics

Nevada: “State Republican Party Chair Did Little Work for Second Job as Dental Board Lobbyist, Records Show” by Riley Snider for Nevada Independent

National/Federal

A Trump Hotel Mystery: Giant reservations followed by empty rooms
Politico – Anita Kumar | Published: 10/2/2019

House investigators are looking into an allegation that groups, including at least one foreign government, tried to ingratiate themselves to President Trump by booking rooms at his hotels but never staying in them. It is a previously unreported part of a broader examination by the House Oversight Committee, included in the Democrats’ impeachment inquiry, into whether Trump broke the law by accepting money from U.S. or foreign governments at his properties. The so-called emoluments clause of the Constitution forbids Trump from profiting from foreign governments, or from receiving any money from the U.S. government aside from his annual salary.

Barr Personally Asked Foreign Officials to Aid Inquiry into CIA, FBI Activities in 2016
MSN – Devlin Barrett, Shane Harris, and Matt Zapotosky (Washington Post) | Published: 9/30/2019

Attorney General William Barr held private meetings overseas with foreign intelligence officials seeking their help in a Justice Department inquiry that President Trump hopes will discredit U.S. intelligence agencies’ examination of possible connections between Russia and members of the Trump campaign during the 2016 election. Barr’s personal involvement is likely to stoke further criticism from Democrats pursuing impeachment that he is helping the Trump administration use executive branch powers to augment investigations aimed primarily at the president’s adversaries. Current and former intelligence and law enforcement officials expressed frustration and alarm that the head of the Justice Department was taking such a direct role in reexamining what they view as conspiracy theories and baseless allegations of misconduct.

Chris Collins Enters Guilty Plea in Insider Trading Case
Roll Call – Chris Marquette | Published: 10/1/2019

Former U.S. Rep. Chris Collins pleaded guilty to insider trading charges, ending a congressional career that pushed the House to craft rules prohibiting members from serving on public company boards. Collins pleaded guilty to two of eight counts he was charged with: conspiracy to commit securities fraud and false statements to the FBI. Collins sat on the board of directors for biotechnology company Innate Immunotherapuetics and was also one of its largest shareholders. Collins did not trade himself and his Innate stock declined by millions of dollars when the company’s failed drug trial results were publicly revealed. But he provided the insider trading information to his son, who then relayed it to others.

Dems Seek Lobbyist Cash to Fund Milwaukee Convention
Politico – Maggie Severns and Theodoric Meyer | Published: 9/29/2019

Two top operatives planning the Democratic Party’s 2020 convention in Milwaukee went to K Street to pitch lobbyists on their plans for the $70 million event. Against the backdrop of the Democratic primary, it was an awkward pairing – representatives for special interests meeting with top Democrats while the party’s leading presidential candidates reject corporate PAC and lobbyist money. But Democratic National Committee officials explained during the meeting how corporations can help foot the bill for the convention, regardless of who the nominee is, addressing some lobbyists’ worries that a crusading left-wing nominee like Bernie Sanders or Elizabeth Warren could try to reject corporate money, embarrassing convention sponsors.

Elections Chief Says a GOP Colleague Blocked Wide Release of Her Foreign Activity
MSN – Alex Horton (Washington Post) | Published: 9/28/2019

The FEC posts the latest in election regulatory activity in a weekly digest. That was until the last week, after what FEC Chairperson Ellen Weintraub said was Republican Commissioner Caroline Hunter’s effort to block a draft memo on prohibited foreign national electoral activity from being included in the digest, which led to the digest being withheld from the public. But Weintraub found a way to get the information out. She published the digest piecemeal, with 57 tweets in all, including the foreign national prohibitions memo – all while calling out the commissioner who Weintraub said sought to block it from being widely publicized online. Hunter said she merely asked Weintraub for time to evaluate the document before it was included in the digest.

Ericsson Sets Aside $1 Billion to Pay for Ethics Breaches in Six Countries
Dallas News – Dave McCombs and Niklas Magnusson (Bloomberg) | Published: 9/26/2019

Swedish telecommunications equipment giant Ericsson said it expects to pay more than $1 billion to resolve investigations by U.S. authorities into business ethics breaches in six countries in one of the costliest corruption cases on record. Ericsson has said the probe related to a payment system used to win contracts in the 1990s. The Foreign Corrupt Practices Act prohibits American companies and overseas firms with stocks trading on U.S. exchanges from paying bribes to foreign officials.

Impeachment Inquiry Puts New Focus on Giuliani’s Work for Prominent Figures in Ukraine
Laredo Morning Times – Rosalind Helderman, Tom Hamburger, Paul Sonne, and Josh Dawsey (Washington Post) | Published: 10/2/2019

The hunt by President Trump’s attorney Rudolph Giuliani for material in Ukraine damaging to Democrats has put a spotlight on business ties he has had in the former Soviet republic for at least a decade, work that has introduced him to high-level Ukrainian financial and political circles. Giuliani has said he has been working for free solely to benefit his client, Trump, as he has sought information from Ukrainian officials. House investigators are now seeking  records about Giuliani’s past clientele in Ukraine, including Pavel Fuks, a wealthy developer who financed consulting work Giuliani did for the city of Kharkiv. House committees have also requested documents from two of Giuliani’s current clients, Florida-based businesspeople who have been pursuing opportunities in Ukraine for a new liquefied natural gas venture.

Millions on Lobbying Will Cost Policy Influencers Under Warren
Courthouse News Service – Amanda Ottaway | Published: 10/2/2019

U.S. Sen. Elizabeth Warren announced a plan to “end lobbying as we know it” with a proposed tax on any corporation or organization that spends more than $500,000 annually in lobbying the federal government. Her plan calls for a 35 percent tax rate on corporations and trade organizations spending between $500,000 and $1 million on lobbying, 60 percent for those spending between $1 million and $5 million, and 75 percent on all spending over $5 million. “Corporate lobbyists are experts at killing widely popular policies behind closed doors,” Warren wrote in announcing the proposal.

Odd Markings, Ellipses Fuel Doubts About the ‘Rough Transcript’ of Trump’s Ukraine Call
MSN – Carol Leonnig, Craig Timberg, and Drew Harwell (Washington Post) | Published: 10/2/2019

President Trump said his controversial July call with Ukraine President Volodymyr Zelensky was transcribed “word-for-word, comma-for-comma,” an assertion that fueled growing questions about the nature and completeness of an official memorandum about the call released by the White House. Administration officials previously had portrayed the document as not a verbatim transcription but rather a summary that closely tracked the words Trump used in his July 25 call with Zelensky. The whistleblower complaint that spurred an impeachment investigation described an “official word-for-word transcript” of the call, words closely matching the ones used by Trump recently, creating uncertainty about what was included in the document the White House released previously and what may have been left out.

Pompeo Acknowledges He Listened in On Trump’s Ukraine Call
AP News – Matthew Lee | Published: 10/2/2019

Secretary of State Mike Pompeo publicly acknowledged for the first time he was on the July 25 phone call in which President Trump pressed Ukraine’s president to investigate political rival Joe Biden. The disclosure puts a spotlight on his previous attempts to distance himself from the call at the center of the impeachment inquiry, in which the State Department prominently figures. In a September 22 interview with ABC News, Pompeo deflected questions about his involvement. Asked then “what do you know” about the conversations between Trump and the president of Ukraine, Pompeo said he had not seen the whistleblower complaint and went on to talk about how the U.S. has provided military support to the government of Ukraine in its fight with Russia-backed separatists.

RNC Solicited Money for Trump’s Reelection with Forms That Look a Lot Like the Official Census
MSN – Kim Bellware and Brittany Shammas (Washington Post) | Published: 10/1/2019

Officials in Montana are warning residents for the second time this year about surveys sent by the Republican National Committee that mimic the look of federal census forms, with the goal of soliciting money for President Trump’s reelection campaign. The mailers are labeled “2019 Congressional District Census” and inform recipients they have been “selected to represent Voters” in Bozeman, Montana. The accompanying literature makes repeated requests for donations, urging recipients to send at least $15 to “help pay for the costs of processing [the] Census Document” if they are unable to afford an amount in the requested range of $25 to $1,000. The potentially misleading mailings come as the U.S. Census Bureau is preparing for what is expected to be one of the most challenging federal counts in decades.

The Catholic Church and Boy Scouts Are Lobbying Against Child Abuse Statutes. This Is Their Playbook
USA Today – Marisa Kwiatkowski and John Kelley | Published: 10/2/2019

Since 2009, state lawmakers from both sides of the aisle have tried at least 200 times to extend the civil statute of limitations for child sexual abuse cases. The bills have borrowed from and built on each other, sharing common phrases and ideas. Many special interests, including the insurance industry, oppose efforts to give survivors more time to sue. But two organizations are uniquely positioned to wield influence because of their deep ties to local communities: The Catholic Church and the Boy Scouts of America. Where legislation has been introduced, equally coordinated opposition has followed from the groups that stand to lose the most.

The Interior Secretary Wants to Enlarge a Dam. An Old Lobbying Client Would Benefit.
MSN – Coral Davenport (New York Times) | Published: 9/28/2019

For years, the Interior Department resisted proposals to raise the height of its Shasta Dam in Northern California. The department’s scientists and researchers concluded that doing so would endanger rare plants and animals in the area and devastate the West Coast’s salmon industry downstream. But the project is going forward now, in a win for a powerful consortium of California farmers, the Westlands Water District, that stands to profit by gaining access to more irrigation water from a higher dam and has been trying to get the project approved for more than a decade. For much of that time, the chief lobbyist for Westlands was David Bernhardt. Today, Bernhardt is the Interior secretary. The department said Bernhardt’s ethics pledge when he joined the Trump administration did not prohibit him from decisions about the dam in most instances.

Trump Involved Pence in Efforts to Pressure Ukraine’s Leader, Though Officials Say Vice President Was Unaware of Allegations in Whistleblower Complaint
MSN – Greg Miller, Greg Jaffe, and Ashley Parker (Washington Post) | Published: 10/2/2019

President Trump repeatedly involved Vice President Pence in efforts to exert pressure on the leader of Ukraine at a time when the president was using other channels to solicit information he hoped would be damaging to Joe Biden, current and former U.S. officials said. Officials close to Pence insist he was unaware of Trump’s efforts to press Ukraine President Volodymyr Zelensky for damaging information about Biden and his son, who had served on the board of an obscure Ukrainian gas company, when his father was overseeing U.S. policy on Ukraine. Trump’s deployment of Pence is part of a broader pattern of using both executive authority and high-ranking officials in his administration to advance his personal or political interests, even in cases when those subordinates appear not to know that another agenda is in play.

Watchdog Allowed to Sue on Donor Disclosure After FEC Won’t Act
Bloomberg Government – Kenneth Doyle | Published: 10/1/2019

A judge eased the way for watchdog groups to bypass the gridlocked FEC in a decision allowing a lawsuit seeking to unmask secret donors to a major Republican campaign spending organization. U.S. District Court Judge Christopher Cooper said Citizens for Responsibility and Ethics in Washington (CREW) can pursue an unusual “citizen suit” against the American Action Network (AAN). The AAN has spent tens of millions of dollars aiding Republican congressional candidates but never has revealed any of its donors. The Federal Election Campaign Act allows court challenges when the evenly divided FEC splits along party lines and dismisses an enforcement complaint. This can be an effective way to enforce the law if the FEC will not act, the judge said, denying a motion to dismiss CREW’s lawsuit.

Whistleblower Painstakingly Gathered Material and Almost Single-Handedly Set Impeachment in Motion
Anchorage Daily News – Greg Miller (Washington Post) | Published: 9/27/2019

From the moment he learned about President Trump’s attempts to extract political dirt on former Vice President Joe Biden from the newly elected leader of Ukraine on July 25, the CIA officer behind the whistleblower report moved swiftly behind the scenes to assemble material from at least a half-dozen highly placed, and equally dismayed, U.S. officials. He wove their accounts with other material on everything from the intervention of Rudolph Giuliani in the U.S.-Ukraine relationship to alleged efforts by attorneys in the Office of the White House Counsel to contain or suppress the accruing damage. The document he delivered to the intelligence community’s inspector general is so concerning and factually sound that it has almost single-handedly set in motion the gears of impeachment.

From the States and Municipalities

Arkansas – Arkansas Asks Panel to Toss Challenge to Campaign-Finance Law
Courthouse News Service – Joe Harris | Published: 9/26/2019

An attorney for the state of Arkansas argued before an appeals court that a woman challenging the constitutionality of a state campaign donation law lacks standing to do so because her preferred candidate has not made an official campaign announcement. Peggy Jones filed a federal lawsuit over the law prohibiting campaign donations for statewide offices more than two years before the election. Jones claims the law infringes on her First Amendment rights by preventing her to donate now to politicians she wants to support in the 2022 election cycle. In June, U.S. District Court Judge James Moody Jr. issued an injunction blocking enforcement of the law until its constitutionality could be decided.

California – L.A. Gave Him a $54,750 Consulting Gig. But Did He Do Any Work?
Los Angeles Times – Emily Alpert Reyes and David Zahniser | Published: 10/1/2019

Los Angeles Mayor Eric Garcetti said his office approved a consulting contract in 2016 for Michael LoGrande, the departing head of the city planning department, so LoGrande could finish up work before a new planning director arrived. But when asked by reporters for evidence of the work performed by LoGrande, officials in mayor’s office and the planning department said they had nothing to turn over. LoGrande agreed in July to pay a penalty of more than $281,000 for illegally lobbying the city just months after he left his position. Three of the four violations occurred while he was being paid by the city as a consultant. One City Hall critic said it sounded as though LoGrande had secured a “no show, no work” contract, one that essentially functioned as a severance package.

California – Monterey Slaps Limits on Escalating Campaign Contributions
Monterey Herald – Dennis Taylor | Published: 10/2/2019

The Monterey City Council advanced an ordinance limiting campaign contributions by any person to $500. It defines a “person” as any individual and any number of organizations, such as companies, corporations, committees, and labor unions. The ordinance will come back in two weeks for a second reading and if passed again would become law four weeks after that, said Monterey City Manager Hans Uslar.

California – These California Politicians Once Helped Regulate Legal Marijuana. Now They’re Working for the Industry
Los Angeles Times – Patrick McGreevy | Published: 9/30/2019

A growing number of former government leaders, bureaucrats, and regulators have joined or established financial ties with the multibillion-dollar marijuana industry in the last few years. More than two dozen government officials have made the leap. Most jumped in after voters in 2016 approved Proposition 64, which legalized growing, distributing, and selling cannabis for recreational use. Cannabis firms that need help navigating bureaucracy stand to gain valuable knowledge from enlisting government veterans, said former state Attorney General Bill Lockyer, who is a founder of C4 Distro, a state-licensed distribution firm.

Colorado – Recall Polis Group Gives $11,000 in Gifts to Staffers
Denver Post – Anna Staver | Published: 9/26/2019

The Official Recall of Colorado Gov. Jared Polis group, which did not participate in the recent failed recall attempt by two other group has given $11,000 of the money it raised for the effort as gifts to staffers. According to disclosre records, Shane Donnelley got $5,000 as a “thank you for caring about Colorado” gift, and Lisa Pascoe and Rene McGill both received $3,000. It’s not the first time the group has come under scrutiny for its spending. The group’s chairperson, Juli-Andra Fuentes, was questioned about a nearly $30,000 donation to an independent expenditure committee she founded called Colorado for Trump. The Trump campaign said Fuentes’ group was not affiliated with the campaign, and it might take action over the misleading name.

Delaware – Former Wilmington City Council President Indicted
Wilmington News Journal – Jeanne Kuang and Esteban Parra | Published: 9/30/2019

Former Wilmington City Council President Theo Gregory was indicted on charges of profiteering and official misconduct. The Delaware Department of Justice said Gregory used his position on the council to secure a city grant that would enrich both himself and a nonprofit he founded. In April, Gregory settled a case with the Wilmington Ethics Commission, admitting his actions violated one section of the city code, which prohibits elected officials from using their position for personal monetary gain or to influence others’ behavior. He received a public reprimand. The commission agreed to drop a charge alleging he violated a different part of code, which prohibits officials from using “public office to secure unwarranted privileges, private advancement or gain.”

Florida – After Five Years and an ‘Ugly’ Process, Miami-Dade Is Still Trying to Buy Helicopters
Miami Herald – Douglas Hanks | Published: 10/3/2019

Miami-Dade County has been trying to buy new rescue helicopters for five years, and the purchasing process may be the messiest ever for a county famous for extended procurement fights. It sparked a brief criminal investigation, though no charges were filed. Ethics investigators were far more productive, issuing reports accusing bidder Agusta and administrators in the county’s fire department of flouting rules governing how local governments are supposed to select vendors. The report detailed an “alarming” amount of texts and phone calls between an Agusta sales executive and administrators at the county’s fire department at a time when purchasing rules barred private communication. The report also said it “strains credibility” to believe the communications had nothing to do with Agusta’s bid.

Florida – Mayor Dailey Tears into Independent Ethics Board, Balks at Proposed Ethics Code Overhaul
Tallahassee Democrat – Jeff Burlew | Published: 9/26/2019

A proposal by the Tallahassee Independent Ethics Board to strengthen a voter-approved ethics code long seen as ineffectual came under fire at City Hall, with Mayor John Dailey blasting both the recommended ordinance and the board itself. Dailey grilled Independent Ethics Officer, Julie Meadows-Keefe, and the ethics board chairperson, Richard Herring, over their practices and procedures since the panel’s creation nearly five years ago. Treating them at times almost like hostile witnesses, he asked leading questions, answered his own queries, and apologized several times after cutting the speaker off. Dailey tore away at some of the most significant revisions to the ethics code, a document a year in the making that has sat on the shelf since the board delivered it to commissioners in April.

Iowa – Judge Upholds Voter ID, Strikes Parts of 2017 Voting Law
AP News – David Pitt | Published: 10/1/2019

A judge upheld voter ID as allowable under the Iowa Constitution but struck down as unconstitutional portions of a 2017 voting reform law challenged by a Hispanic civil rights group and an Iowa State University student. The law signed by former Gov. Terry Branstad requires voters to show certain forms of identification when voting at the polls, provide an identification number on absentee ballot applications, and allows county auditors to reject ballots if they believe signatures do not appear to match a voter signature on record.

Kentucky – Hospital Group Cancels Beshear Fundraiser After Saying Donation Would ‘Assure Access’
Lexington Herald-Leader – Daniel Desrochers | Published: 10/1/2019

The Kentucky Hospital Association canceled a fundraiser for the gubernatorial campaign of state Attorney General Andy Beshear a day after it was reported the association was urging members to donate in an effort to “assure access” to whoever wins the race for governor in November. “We cannot predict the outcome of the election but we can assure access to the winner with a strong show of support for each candidate,” Bud Warman, the group’s vice president in charge of member engagement, wrote in an email to members.

Montana – ‘Excessive Lobbying’ by Nonprofit Federal Land Critic Prompts Complaint to IRS
Missoulia Current – Laura Lindquist | Published: 9/30/2019

A Montana nonprofit led by a federal land critic should give up its tax-exempt status because of lobbying activities, according to watchdog groups. The Campaign for Accountability sent a complaint to the IRS claiming Citizens for Balanced Use has repeatedly violated laws that limit the amount of lobbying that tax-exempt nonprofit organizations are allowed to carry out. The IRS does allow lobbying, as long as it is not a “substantial part” of a nonprofit’s activities. But the agency has not defined what qualifies as “substantial.”

Nebraska – Nebraska Lags Behind Neighbors in Campaign Finance Regulation
Hastings Tribune – Tony Herrman | Published: 9/27/2019

Kate High, treasurer of the Nebraska League of Women Voters, delineated how Nebraska lags behind neighboring states in regulating campaign finance. High said she began researching campaign finance rules in her retirement. She said most states as well as the federal government have criminalized what Nebraska has legalized and normalized. High offered a 10-part plan to make elections about voters, not big money interests.

New Jersey – Atlantic City Mayor Frank Gilliam Took $87K from Basketball Club, Pleads Guilty to Wire Fraud
Newark Star Ledger – Joe Atmonavage (NJ Advance Media) | Published: 10/3/2019

A year after an FBI raid on his home, Atlantic City Mayor Frank Gilliam pleaded guilty to wire fraud. Gilliam defrauded a basketball club of more than $87,000, prosecutors said. More than $41,000 was recovered when his house was raided in December 2018. Gilliam said he created AC Starz Basketball Club and opened a bank account for the club. From 2013 to 2018, he admitted soliciting $87,215 in donations on behalf of the club and using them for his personal expenses.

New Jersey – Judge Blocks Implementation of New ‘Dark Money’ Disclosure Law
Burlington County Times – David Levinsky | Published: 10/2/2019

U.S. District Court Judge Brian Martinotti granted a preliminary injunction blocking the implementation of New Jersey’s new disclosure law requiring so-called dark money groups and other nonprofits that engage in political activities and lobbying to reveal their donors. A lawsuit by Americans for Prosperity challenged the law on constitutional grounds, arguing its requirement that 501(c)4 groups must reveal contributors who give more than $10,000 if the group engages in any political activities, lobbying, or campaigning infringes on First Amendment rights and could have a chilling effect on its ability to raise funds. In addition to the donor disclosure, the law also mandates the disclosure of expenses of more than $3,000 and boosted the contribution limits to state and county political committees, which are already subject to strict reporting requirements.

New York – Assemblyman Introduced Bill Pushed by Firm That Paid Him
Albany Times Union – Chris Bragg | Published: 9/29/2019

In the month prior to the introduction of state Assemblyperson Michael Blake’s bill that would have benefitted Airbnb, the short-term rental platform paid $189,000 to a prominent political consulting firm, Hilltop Public Solutions, to assist in its lobbying in New York. Hilltop’s efforts included helping organize grassroots support for the legislation Blake introduced. Publicly unknown at the time was that Blake was being paid by Hilltop as a political consultant. In other words: In 2015, Blake was being paid by Hilltop; Airbnb was paying Hilltop; and Blake introduced legislation Airbnb had been pushing. Blake’s financial disclosure form for 2015 reveals that Hilltop paid Blake between $5,000 and $20,000 to work for “out of state” clients. But Blake insists he never worked for Airbnb.

New York – Cuomo-Backed Lobbying Disclosure Law Struck Down
Albany Times Union – Chris Bragg | Published: 10/1/2019

A New York law that compels tax-exempt organizations involved in issue advocacy campaigns to disclose their financial supporters was struck down by a federal judge. The law required 501(c)(3) charities to disclose all their donors of more than $2,500 over six months if they gave more than $2,500 to substantial lobbying campaigns run out of issue-oriented nonprofits. Another provision required a 501(c)(4) to disclose donors who contribute $1,000 or more when the organization spends more than $10,000 in a calendar year on communications made to at least 500 members of the public concerning political or legislative issues.

North Carolina – Former NC GOP Chairman Pleads Guilty to Lying to FBI
WRAL – Adam Owens | Published: 10/2/2019

Former U.S. Rep. Robin Hayes pleaded guilty to lying to the FBI during an investigation of bribery allegations into a major political donor. As part of the plea deal, conspiracy and bribery charges and two other counts of lying to authorities were dismissed. Hayes, businessperson Greg Lindberg, and two Lindberg associates, John Gray and John Palermo, were accused of trying to bribe North Carolina Insurance Commissioner Mike Causey with up to $2 million in promised campaign donations if Causey would hire Palermo to regulate Lindberg’s insurance businesses. The department was asking a series of financial questions about Lindberg’s insurance businesses at the time. Prosecutors allege some money was funneled through the North Carolina Republican Party to get around state campaign finance laws.

Ohio – Ohio Purge Ends with Most Culled Because They Haven’t Voted
The Fulcrom; Staff –   | Published: 10/2/2019

The controversial culling of Ohio’s voter rolls ended after the deletion of another 182,000 registrations, or two percent of the statewide total, in one of the nation’s biggest electoral bellwethers. Most were purged only because they have not voted in six years. Under a state law, upheld by the U.S. Supreme Court last year, non-voter purges are automatic unless individuals ask to stay on the rolls when the state informs them that they are about to be dropped.

Oregon – Oregon Campaign Finance Watchdog Will Seek to Beef Up Enforcement
Portland Oregonian – Mike Rogoway and Rob Davis | Published: 9/24/2019

The secretary of state’s office said it will seek to beef up enforcement of Oregon’s campaign finance laws after a report by The Portland Oregonian that showed minimal investigation into alleged violations. Deputy Secretary of State Richard Vial said the office has settled on a series of steps to review the elections division’s practices and step up enforcement, there was no immediate decision on whether to apply the new practices to past cases. Vial also said there are practical considerations that may continue to limit future investigations.

Oregon – Oregon Legislature Will Consider Bill to Make Public Records Advocate Independent in 2020
Portland Oregonian – Hillary Borrud | Published: 10/1/2019

Oregon’s public records advocate would no longer be appointed by the governor and would have his or her independence clearly spelled out in state law under a proposal that legislators will take up next year. The plan by the Public Records Advisory Council is a response to news in that Gov. Kate Brown’s top lawyer, Misha Isaak, told Public Records Advocate Ginger McCall that she reported to him and should vet any public records legislation, policy proposal, and report with the governor’s office before releasing them. McCall resigned in September. She cited irreconcilable differences with the governor’s staff over role of the public records advocate, including that she felt pressured by the governor’s administration to advance Brown’s public records policy goals without disclosing who was directing that work.

Rhode Island – R.I. Ethics Commission Head Suggests Lightening Rules for Public Officials
Providence Journal – Katherine Gregg | Published: 9/26/2019

Rhode Island Ethics Commission Executive Director Jason Gramitt has suggested reforming the state’s financial disclosure law for public officials, such as a less punitive procedure for dealing with public officials who fail to disclose all of their family’s sources of income, financial holdings, expense-paid trips, and executive positions on boards. “We agree with the Ethics Commission that the current mix of statute and regulations has created a somewhat confusing situation,” said John Marion, executive director of Common Cause Rhode Island. “… [But] any changes to financial disclosure should start with the principle of first doing no harm. The public should not lose any information that it already has access to under the current law.”

Washington – Firm Ordered to Pay More Than $1 Million After Illegally Funneling Money to Initiative Activist Tim Eyman
Seattle Times – Christine Clarridge | Published: 10/1/2019

A judge ordered a signature-gathering firm and its principal to pay $1 million for funneling campaign donations to anti-tax activist Tim Eyman. The ruling is the latest development in a lawsuit that Washington Attorney General Bob Ferguson filed against Eyman, Citizen Solutions LLC, and one of its owners, William Agazarm, accusing the firm and Agazarm of unlawfully concealing a $308,185 payment to Eyman. The attorney general’s office said Eyman created “gift schemes” for Citizen Solutions and its owners to “funnel money” to him. Records also document several $13,000 payments to Eyman and his family members from the owners of Citizen Solutions Inc., a predecessor to the limited liability company.

Washington DC – Metro Board Adopts Revised Ethics Policy in Wake of Evans Scandal
Washington Post – Justin George | Published: 9/26/2019

The Washington Metropolitan Transit Authority (Metro) adopted a revised ethics policy that will make alleged violations and future internal investigations of board members public. The move comes after the panel was widely criticized for its handling of the probe into the conduct of former Metro Chairperson Jack Evans. The new policy removes much of the secrecy that surrounded the Evans investigation and its outcome. An investigation by the board’s ethics committee found Evans had failed to disclose a conflict-of-interest arising from his private consulting work for Colonial Parking, which was paying Evans’ consulting firm $50,000 a year.

Washington DC – There Goes the Neighborhood … to Lobbyists and Fundraisers
Roll Call – Kate Ackley | Published: 10/2/2019

As more K Street shops and political operations buy real estate on Capitol Hill for the proximity to lawmakers, residents say they fear their neighborhoods are morphing into a commercial district, in some cases in violation of zoning regulations and allowing the lobbyist homeowners possibly to pay less in taxes than the business rate. Richard Fiesta, executive director of the Alliance for Retired Americans, and his neighbors, some of whom are also professional lobbyists themselves, have raised their concerns with local officials, who are urging the District of Columbia to investigate potential zoning violations and to clarify the rules. “Every residential house that gets turned into a lobbying headquarters or a fundraising house, it’s one less house that a family can live in,” said city council member Charles Allen.