We’re on the move again! Look for the State and Federal Communications team in Washington D.C. next week at the Practising Law Institute!

Campaign Finance

National: “David Koch Leaves Behind Legacy of Dark Money Political Network” by Kete Ackley for Roll Call

National: “Federal Election Commission to Effectively Shut Down. Now What?” by Dave Levinthal for Center for Responsive Politics

Michigan: “‘There’s a Gray Area’: Campaign finance experts weigh in on Inman bribery case” by Nick Manes for Michigan Advance

Ethics

National: “Trump Suggests His Miami Resort as ‘Great Place’ for Next G7 Meeting” by Michael Shear and Peter Baker for New York Times

National: “Trump’s ‘Chopper Talk’ Puts Media on the Defensive” by Michael Calderone and Daniel Lippman for Politico

Lobbying

Canada: “‘Show Up and Do Something’: Critics call on lobbying commissioner to act on Dion report” by Samantha Wright Allen and Beatrice Paez for Hill Times

Florida: “State Senate Resolves Complaint Against NRA’s Top Lobbyist in Florida” by Jim Turner (News Service of Florida) for Miami Herald

New York: “A Lobbyist Gave $900,000 in Donations. Whose Money Is It?” by J. David Goodman for New York Times

National/Federal

Cherokee Nation Sending First-Ever Delegate to Congress
Newsweek – K Thor Jensen | Published: 8/20/2019

The Cherokee Nation is appointing its first delegate to Congress. Two Native American tribes, the Cherokee and the Choctaw, are both granted the right to send delegates to the House of Representatives. The Choctaw still have not exercised that right, but the Cherokee are in the process of sending their first: Lobbyist Kimberly Teehee, who served as President Obama’s senior policy advisor for Native American affairs. Representation in the federal government is increasingly important for many Native Americans who are worries about the Keystone XL pipeline and other encroachments on tribal lands, as well as enduring poverty, health issues, and infrastructure problems.

Do Trump Officials Plan to Break Centuries of Precedent in Divvying Up Congress?
National Public Radio – Hansi Lo Wang | Published: 8/14/2019

Since the first U.S. census in 1790, the Constitution has called for a head count every 10 years of “persons” living in the U.S. to determine the number of congressional seats each state gets. The counts have always included both citizens and noncitizens, regardless of immigration status, although the history of who was counted and how is complicated. In recent weeks, however, the Census Bureau’s director, Steven Dillingham, has not been able to provide a clear answer as to whether citizenship will be factored into apportionment after the 2020 census. Alabama Attorney General Steve Marshall argue the Census Bureau should exclude unauthorized immigrants from numbers used for apportionment because the framers did not intend for immigrants living in the U.S. without authorization to be included among the “persons” described in the Constitution.

F-bombs Away: Why lawmakers are cursing now more than ever
The Hill – Judy Kurtz | Published: 8/19/2019

Profanity, once considered a major no-no among those seeking public office, is no longer an earth-shattering political snafu. And according to new research, this year could be on track to see members of Congress swearing up a storm more than ever before. GovPredict, a government relations software company, found the frequency of lawmakers using four-letter words has increased steadily since 2014. A 2012 Forbes opinion piece asked readers, “When Can a Politician Use Profanity, If Ever?” But these days, look no further than countless congressional social media accounts and political rallies for R-rated language.

FEC Chairwoman: Penalty ‘slashed’ for ex-congressman who used leftover campaign money to lobby
Roll Call – Emily Kopp | Published: 8/19/2019

Former U.S. Rep. Cliff Stearns, who diverted leftover campaign money towards dinners and dues at a private club outside of the Capitol just as he began to lobby his former congressional colleagues will only have to pay back a fraction of the funds he misused. The FEC stalemated in a vote over whether to issue a more severe fine, one that would hold him personally liable. The outcome comes as the FEC begins cracking down on so-called zombie campaigns, pots of campaign donations that live on long after the candidate has vacated office. But the small fine shows the limitations of the FEC under its current structure, campaign finance experts say.

Industry Flexes Political Muscle in States to Criminalize Aggressive Pipeline Protests
Insurance Journal – Jennifer Dlouhy (Bloomberg) | Published: 8/20/2019

After protesters disrupted construction of an oil pipeline in North Dakota by chaining themselves to construction equipment and pitching tents along the route, oil and chemical companies found a way to keep it from happening again – they made it a crime. The companies, including Koch Industries, lobbied state Legislatures to effectively outlaw demonstrations near pipelines, chemical plants, and other infrastructure. Nine states have gone along so far, in some cases classifying the activities as felonies. More are considering legislation. The lobbying campaign has raised concerns about corporate influence muzzling free speech. Industry representatives portray their efforts as a necessary counter to the increasingly aggressive tactics of activists.

Inspector General Finds Politically Motivated Harassment at State Department
Washington Post – Karen DeYoung | Published: 8/15/2019

A report by the State Department’s inspector general concludes that leadership of a leading department bureau mistreated and harassed staffers, accused them of political disloyalty to the Trump administration, and retaliated against them. In response to repeated counseling by more senior State officials that he address staff concerns, the report concluded, Kevin Moley, assistant secretary for international affairs, “did not take significant action.” The report is a sweeping condemnation of Moley and more specifically of his former senior adviser, Mari Stull. A former lobbyist and consultant for international food and agriculture interests, Stull left the department in January following press reports that, among other things, she had compiled a list of staffers deemed insufficiently loyal to the Trump administration.

These Political Super Fans Turn Their Activism into Collector’s Items
CNBC – Yelena Dzhanova | Published: 8/17/2019

Leslie Zukor is such a Bernie Sanders super fan that she has more than 500 pieces of campaign merchandise and memorabilia dedicated to the presidential hopeful. Buttons make up 80% of her collection, but she has plenty of more offbeat items, too – including 10 custom puppets modeled after Sanders. Each cost her between $100 and $500. Zukor says she has spent over $1,000 on Sanders campaign merchandise this year alone. While that may sound like a lot to people who are not politics junkies, it pales in comparison to what some other hardcore collectors spend. These people often have tens of thousands of political items in their collections and belong to national groups such as the American Political Items Collectors.

Trump Wields Power Against Political Enemies
Beaumont Enterprise – Toluse Olorunnipa (Washington Post) | Published: 8/15/2019

By pressuring the Israeli government to bar entry by two members of Congress, President Trump once again used the power and platform of his office to punish his political rivals. It is a pattern that has intensified during the first two and a half years of Trump’s presidency, as he has increasingly governed to the tune of his grievances. Taken as a whole, Trump’s use of political power to pursue personal vendettas is unprecedented in modern history, said Matthew Dallek, a political historian who teaches at George Washington University.

Washington Gov. Jay Inslee to Announce Run for 3rd Term
AP News – Rachel LaCorte | Published: 8/22/2019

Washington Gov. Jay Inslee, who has ended his climate change-focused 2020 presidential bid, is set to announce he will seek a third term as governor. He is the third Democrat to end his presidential bid after U.S. Rep. Eric Swalwell of California and former Colorado Gov. John Hickenlooper withdrew. While Inslee had qualified for the first two presidential debates this summer, he struggled to gain traction in the crowded field and was falling short of the requirements needed to appear on two high-profile stages: the third debate in Houston and a CNN town hall focused on climate change, Inslee’s key issue. He had recently hit one of the markers of 130,000 unique donors. But he had yet to reach 2% in any poll and would have needed to hit that level of support in four qualifying polls.

From the States and Municipalities

Arkansas – Orthodontist Accused of Bribing Former Arkansas Lawmaker
Courthouse News Service – Erik De La Garza | Published: 8/19/2019

A Florida-based orthodontist who operates several clinics in Arkansas was charged in a bribery and fraud scheme involving disgraced former state Sen. Jeremy Hutchinson, who pleaded guilty in June for his role in the conspiracy. The 15-count indictment accuses Benjamin Burris with paying approximately $157,500 in kickbacks in part for Hutchinson to take official action as a state legislator to benefit the orthodontist and his companies. Prosecutors say the payments were disguised as retainer payments and funneled through Hutchinson’s law firm. Burris also allegedly gave Hutchinson gifts, including free orthodontic services for his family and the use of a private plane to travel to a college football game.

Arkansas – Panel Cautions Firms Over Lobbying Arkansas Sheriffs
Arkansas Democrat-Gazette – Hunter Field | Published: 8/17/2019

The Arkansas Ethics Commission issued public letters of caution to four jail services companies for failing to properly report contributions to the Arkansas Sheriffs’ Association. The companies settled with the commission, agreeing they violated state laws by failing to register as lobbyists and failing to report lobbying expenses. But several said they disagree with the commission’s conclusions. They also questioned whether the commission’s findings would have a negative impact on corporate sponsorships of all type of government-related trade associations. The companies sponsored meals and a fishing tournament for the association that were attended by “sheriffs and other public servants,” according to the Ethics Commission.

California – Anaheim Mayor Sidhu Pays Off 2016 Assembly Debt by Fundraising While Mayor
Voice of OC – Spencer Custodio | Published: 8/20/2019

Anaheim Mayor Harry Sidhu paid off 2016 California Assembly campaign debts and put a dent in his 2018 mayoral campaign debt after fundraising since December in both campaign committees. It is a move some experts said is an example of loopholes in campaign finance regulations. Fair Political Practices Commission spokesperson Jay Wierenga, speaking generally and not specifically about Sidhu’s campaign finances, said double fundraising is not illegal. “… Generally speaking, it is permissible to have multiple committees open at once, but each committee must be used only for expenses associated for that election,” Wierenga wrote in an email.

California – Cal Channel to End Broadcasting After Three Decades
Capitol Weekly – Jessica Hice | Published: 8/15/2019

The California Channel, a decades-old public broadcaster that has historically provided on-demand video access to the Legislature, the state Supreme Court, and the Capitol community, will cease operations in October. Supported by the California Cable and Telecommunications Association since 1993, it is one of the few services that offer one-on-one interviews with all candidates for the state’s elected offices. The Cal Channel has long been viewed as the state’s version of C-SPAN. Cal Channel President John Hancock says the decision to end broadcasting was due in part to the passage of Proposition 54, which requires the Legislature to make audio and visual recordings of its legislative proceedings public within 72 hours. The Legislature has its own television and radio services that cover politicians and send stories to their districts.

California – Oakland Coliseum Authority CEO Sought $50,000 Payment from RingCentral for Naming Rights Deal
San Jose Mercury News – David Debolt | Published: 8/21/2019

Scott McKibben, the former chief executive officer of the Oakland-Alameda County Coliseum Authority, sought a $50,000 fee from RingCentral for helping the company negotiate a stadium naming rights deal with the public agency he oversees, a possible violation of state conflict-of-interest law. Invoices show McKibben billed the company for the consultant fee as part of the three-year deal worth $3 million to rename the stadium where the Oakland A’s and Raiders play. McKibben resigned while still under contract to the authority a day after the board held a closed-door meeting to discuss the matter.

California – While He Was Illegally Lobbying, Former L.A. Official Was Also Getting Paid by City Hall
Los Angeles Times – David Zahniser and Emily Alpert Reyes | Published: 8/20/2019

Michael LoGrande, the former head of the Los Angeles Department of City Planning, admitted he violated the city’s “revolving door” law, which prohibits high-level officials from lobbying elected officials, managers, and other decision-makers during their first 12 months after leaving city employment. LoGrande left his government job in January 2016 after spending more than five years running the department, which reviews real estate development projects. Within a few months, he was lobbying planning department officials on behalf of the clients he had picked up while operating his new land-use consulting business. The Los Angeles Ethics Commission voted to fine LoGrande $281,250, the largest penalty levied against a current or former city employee.

Colorado – Aurora City Council Approves New Ethics Law, Opposes Lobbying Registration
Colorado Sentinel – Kara Mason | Published: 8/20/2019

Despite taking other legislative steps toward greater transparency, a majority of Aurora City Council members decided against an ordinance mandating lobbyists register if working in the city. Several city council members cited concerns of who would qualify as a lobbyist and whether non-profit organizations attempting to seek influence on the city council would be required to register under the proposed rules. The council approved a new ethics code, which tasks an independent panel of judges with investigating complaints, prohibits the mayor and city council members from accepting gifts valued more than $300, and prevents council members from engaging in conflicts-of-interest.

Colorado – Gravel Pit Permit Must Be Reheard Because of Contributions to Larimer County Commissioner’s Campaign Before Vote
Colorado Sun – Sandra Fish | Published: 8/22/2019

Advocates for limiting contributions to political campaigns often cite the potential for large sums of money to influence decisions by public officials. But rarely do allegations of conflicts-of-interest related to campaign cash result in action against elected officials and their donors. That changed in Colorado when a judge ruled Larimer County Commissioner Tom Donnelly should have recused himself from voting on a controversial plan to mine gravel near a residential development in 2018 because he received $10,000 in campaign money from the owners of the mining company two years before. Observers as well as lawyers on both sides of the case say such a decision is unusual.

Connecticut – Ernie Newton Pleads Guilty to Three Campaign Finance Charges, Avoids Jail; Six-Year Prosecution Ends
Hartford Courant – David Owens | Published: 8/21/2019

Ernie Newton, the former state senator and now a Bridgeport City Council member, pleaded guilty to three felony campaign finance violations, but avoided prison. The guilty pleas and an 18-month suspended jail sentence close a nearly seven years of litigation over allegations that Newton received illegal contributions in order to qualify for more than $80,000 in public financing for a 2012 state senate run he ultimately lost. He initially faced campaign finance violations and two counts of first-degree larceny as a result of an investigation by the State Elections Enforcement Commission. A jury convicted Newton of three campaign finance violations but could not reach verdicts on the other charges.

Connecticut – Hartford Athletic Soccer CEO Bruce Mandell Pays $45,000 Fine for Illegal Campaign Contributions
Hartford Courant – John Lender | Published: 8/21/2019

Hartford Athletic Chief Executive Officer Bruce Mandell paid a $45,000 fine to the State Elections Enforcement Commission for making illegal campaign contributions in 2018, many of them in the names of his wife and their college-age daughter, to Republican gubernatorial candidate Bob Stefanowski, the state GOP, and others. The violations included exceeding the limit for an individual contribution to a candidate or committee; making “straw donations” in the name of another person; using “business assets” to make contributions; and making a contribution as a “prospective state contractor,” a practice that is banned under state clean-election laws.

Florida – This Secretive Group Is Trying to Create Barriers to Amending Florida’s Constitution
Miami Herald – Mary Ellen Klas | Published: 8/19/2019

A secretive organization with the goal of thwarting amendments approved by voters after the 2020 election cycle has spent more than $800,000 on paid petition gatherers in the last four months, using funds from undisclosed sources and raising the specter of another high stakes fight over the future of energy regulation in Florida. The group calls itself Keep Our Constitution Clean and says its purpose is to keep the state’s premier legal document uncluttered by special interest measures. But activists involved in other petition drives say they believe the group is linked to the utility industry, which is opposing a proposed amendment that would deregulate the state’s monopoly utilities.

Hawaii – Critics Question Former Council Chair’s Ties to North Shore Project
Honolulu Civil Beat – Cristina Jedra | Published: 8/20/2019

One of the last actions Ernie Martin took as Honolulu City Council chairperson last year was to recommend approval for a development that had been plagued by permit violations and community complaints. By the time the permit was reviewed and approved in November, Martin had accepted $9,450 in congressional campaign contributions from developers associated with the Hanapohaku LLC project and their family members. Immediately upon leaving office, he got a job at the law firm that represents Hanapohaku. Opponents of the development are crying foul over what they believe to be a conflict-of-interest.

Illinois – Report Finds Sexual Harassment, Inappropriate Behavior and Bullying Widespread in Springfield; House Speaker Michael Madigan Takes Responsibility ‘for Not Doing Enough’
Chicago Tribune – Dan Patrella and Ray Long | Published: 8/20/2019

An outside investigation into sexual harassment and bullying within Illinois House Speaker Michael Madigan’s office and his Democratic caucus found people across the Capitol repeatedly have been subjected to sexual harassment or other inappropriate behavior. The report found Madigan’s former chief of staff, Tim Mapes, made inappropriate comments to a staffer but uncovered insufficient evidence to conclude that state Rep. Lou Lang, a former top Madigan lieutenant, sexually harassed a lobbyist. The report notes that allegations of harassment and other bad behavior are not limited to the speaker’s office or the House Democratic caucus.

Indiana – Rep. Dan Forestal Threatened Cops’ Jobs, Impersonated Police and Tried to Buy Cocaine, Police Say
Indianapolis Star – Ryan Martin and Chris Sikich | Published: 8/14/2019

Indiana Rep. Dan Forestal threatened to use his power to punish police officers who pulled him over, according to a police report, which also accused the lawmaker of trying to buy cocaine, impersonating law enforcement, struggling with officers, and drunken driving. A wife and husband told police they were outside their home when Forestal drove up in his car. According to the police report, Forestal told them: “I’m a legit officer doing a drug bust and today is the last day before the feds descend and start kicking in doors.” It is not clear from the report why Forestal approached this particular home.

Maryland – Baltimore City Council Passes New, Tighter Ethics Rules after Pugh Scandal
Baltimore Sun – Luke Broadwater and Ian Duncan | Published: 8/19/2019

The Baltimore City Council passed new, tighter ethics regulations in the aftermath of the self-dealing scandal and resignation of former Mayor Catherine Pugh. The bill requires people filing financial disclosure forms to list all directorships they hold, not just those at entities that do business with the city. Pugh resigned after collecting some $800,000 to produce her self-published “Healthy Holly” children’s books. The University of Maryland Medical System, which she helped oversee as a board member, paid her $500,000. Pugh also accepted payments from other entities that she approved to do business with the city. The bill is the first piece of ethics reform legislation to pass the council since the scandal.

Massachusetts – Feds Say Former Mass. State Police Union Head Dana Pullman Used Union as His ‘Personal Piggy Bank,’ to Fund Trips, Meals and Romantic Affair
MassLive – Michelle Williams | Published: 8/21/2019

Dana Pullman, former president of the Massachusetts State Police union, and the group’s former lobbyist, Anne Lynch, were arrested for what prosecutors say was a scheme to garner kickbacks and misappropriate union funds. Prosecutors said Pullman tapped union funds for personal expenses including gifts for someone he was having a romantic relationship with and collected kickbacks from Lynch for steering business to her firm. In one instance, Pullman allegedly got his union treasurer to issue a $250,000 check to Lynch’s firm for work it did in negotiating a settlement with the state to compensate troopers who had worked on days off. After the firm was paid, Lynch allegedly wrote herself a $50,000 check from the company’s account, then made a check out to Pullman’s spouse for $20,000, which was falsely classified as a payment for consulting work.

Michigan – Michigan Panel Puts Brakes on $1.1M Trucking Grant after Free Press Report
Detroit Free Press – Paul Egan | Published: 8/13/2019

The Michigan State Administrative Board put the brakes on a $1.1-million safety education grant to an arm of the Michigan Trucking Association, the lobbyist for the trucking industry. The board, which is normally a rubber stamp for state contracts and grants that are already in the pipeline, took the unusual action after The Detroit Free Press reported the Michigan Center for Truck Safety, a nonprofit agency housed inside the offices of the trucking association, has received about $8 million in such grants since 2012, funded by truck registration fees. The Free Press reported the center uses some of the grant money to pay the trucking association tens of thousands of dollars in rent and other expenses, and a monitoring report found the center had received reimbursement from the state for close to $300,000 in impermissible expenses.

Mississippi – Four Louisiana Men to Plead Guilty in Mississippi Bribe Scheme
AP News – Jeff Amy | Published: 8/18/2019

Four Louisiana men say they will plead guilty to charges they tried to bribe a Mississippi sheriff with $2,000 in casino chips, seeking lucrative jail contracts. Michael LeBlanc Sr., Michael LeBlanc Jr., Tawasky Ventroy, and Jacque Jones have filed notices in federal court saying they will change their previous not guilty pleas. All are accused of scheming to win contracts to sell inmates phone service and commissary goods at a jail in Mississippi’s Kemper County. They are also accused of paying former Mississippi Corrections Commissioner Christopher Epps $2,000 and promising him future bribes to secure his help in influencing sheriffs. Epps was convicted of taking more than $1.4 million in bribes from private contractors and is serving a nearly 20-year prison sentence.

Mississippi – ‘She Was in Fear of Him,’ Judge Says Before Finding Miss. Lawmaker Not Guilty of Domestic Violence
Biloxi Sun Herald – Margaret Baker and Justin Mitchell | Published: 8/20/2019

Mississippi Rep. Douglas McLeod was found not guilty of domestic violence after his wife unexpectedly took the stand and testified on his behalf.  Michele McLeod said on the evening of May 18, her husband had drunk less than two tumblers full of wine and mixed them with prescription-strength ibuprofen. She said he was “in a state of delirium” when one of his limbs, “probably his arm,” hit her face. George County Justice Court Judge Mike Bullock said, before making his verdict, that he could understand how the hit could have happened accidentally after her testimony. Body-camera footage from a responding George County sheriff’s deputy showed Michele McLeod minutes after 911 was called. There was blood down her nose, around her mouth, and covering her hands.

Missouri – Former Economic Development CEO Gets 3 Years’ Probation, $20K Fine for Stenger Scheme
St. Louis Public Radio – Jason Rosenbaum and Rachel Lippman | Published: 8/16/2019

Sheila Sweeney, the former chief executive of the St. Louis Economic Development Partnership, was sentenced to three years’ probation and fined $20,000 for her role in a corruption scheme orchestrated by then-St. Louis County Executive Steve Stenger. Sweeney admitted she knew Stenger was trying to steer county contracts to a campaign donor and did nothing to stop it. Sweeney helped that donor, John Rallo, get a $130,000 marketing contract, even though he had no relevant experience. She also maneuvered to make sure Rallo’s real estate company was able to purchase two pieces of industrial property near the St. Louis County and Municipal Police Academy.

Oregon – Sheriff in Conservative County Defends Free Press
AP News – Andrew Selsky | Published: 8/21/2019

Malheur County officials asked Sheriff Brian Wolfe to assess whether the Malheur Enterprise, a small newspaper in Oregon, has engaged in criminal conduct in its reporting. The newspaper has been investigating state Rep. Greg Smith’s business deals and contract work in the county. The officials asked whether reporters’ persistent attempts to contact officials, sometimes after business hours or using their personal email accounts, amounted to harassment. Wolfe said an inquiry determined no laws had been broken. “As an elected sheriff, we will always respect the constitutional rights of … everybody. We do believe in freedom of the press and free speech that we believe are our rights given by the Constitution …,” Wolfe said.

Pennsylvania – ‘It’s Disappointing’ Elections Board Reaffirms $29M Voting Machine Contract Over Objections, Violations
Philadelphia Tribune – Michael D’Onofrio | Published: 8/15/2019

Philadelphia’s acting board of elections voted to keep its current contract for new voting machines, days after the city’s legal department notified elections officials the vendor, Election System & Software (ES&S), failed to disclose its lobbying activities. ES&S will pay a $2.9 million fine over the violations, or 10% percent of the contract. An investigation showed ES&S used a lobbyist and engaged in lobbying activities in 2017 and 2018. The lobbying activities included direct communication with then-city Commissioner Alan Schmidt. ES&S also failed to disclose campaign contributions by consultants to Schmidt and then-city Commissioner Lisa Deeley.

Rhode Island – RI’s Board of Elections Remains an Underfunded Campaign Finance Watchdog
The Public’s Radio – Ian Donnis | Published: 8/21/2019

Former Providence City Council President Luis Aponte was indicted in 2017 after the Rhode Island Board of Elections exposed how he had used more than $13,000 in campaign funds for personal use. Aponte pleaded no contest and resigned from his council seat. The case shows how the Board of Elections is playing a stepped-up role in policing the state’s campaign finance laws. Things have gotten better since the agency’s leadership changed in 2016. And the Elections Board’s top campaign finance investigator, Ric Thornton, is well respected for his work. But Sen. Sam Bell and others say that despite improvements, the board needs more funding to oversee the campaign money that flows through Rhode Island politics.

South Carolina – Columbia Airport Road May Be Renamed After Namesake Arrested for Soliciting a Prostitute
Charleston Post and Courier – Seanna Adcox | Published: 8/12/2019

State transportation commissioners will consider removing John Hardee’s name from the Columbia airport connector following their former colleague’s guilty plea on an obstruction charge and subsequent arrest on a prostitute solicitation charge. The John N. Hardee Expressway to the Columbia Metropolitan Airport was named in 1999 and opened in 2004, during Hardee’s first of two stints as a South Carolina Department of Transportation (DOT) commissioner. It is among more than 1,000 bridges, interchanges, and stretches of highway statewide that bear the names of local VIPs.  Such road naming is done either at legislators’ request or directly by the DOT board.

South Dakota – Audit Finds South Dakota Democratic Party Failed to Report $2.5M in Disbursements to National Committee
Jamestown Sun – Seth Tupper (Rapid City Journal) | Published: 8/21/2019

An audit for the years 2015 and 2016 showed the South Dakota Democratic Party understated disbursements by $2.5 million, received $67,182 worth of contributions from unregistered organizations, and failed to disclose $46,097 worth of debts and obligations. The state Democratic Party ended up serving as a pass-through for money from the Hillary Victory Fund to the Democratic National Committee (DNC). But, according to the audit, the state party did not initially disclose the disbursements it made to the Democratic National Committee. The disbursements were disclosed in later, amended reports to the FEC.

Tennessee – State Officials Launch Probe of Former House Speaker Glen Casada’s Campaign Finances
The Tennessean – Joel Ebert | Published: 8/14/2019

State officials initiated a probe of embattled former House Speaker Glen Casada’s campaign finances. The move by the Tennessee Registry of Election Finance will force Casada to explain and defend how he received and spent campaign money for the first time in his nearly 20-year legislative career. Hank Fincher, a registry member, said the audit was necessary, given news reports about Casada’s spending. He noted how Casada used the state plane on the same day he attended a political event.

Texas – Committee Asks Texas Rangers to Investigate House Speaker’s Meeting with Empower Texans
Fort Worth Star-Telegram – Tessa Weinberg | Published: 8/12/2019

The House General Investigating Committee unanimously voted to request the Texas Rangers Public Integrity Unit conduct an investigation into allegations of a quid pro quo offer made by House Speaker Dennis Bonnen. The allegations surrounding Bonnen were raised recently by Michael Quinn Sullivan, the chief executive of the conservative political advocacy group Empower Texans. They revolve around a June meeting between Sullivan, Bonnen, and GOP Caucus Chairperson Dustin Burrows. Sullivan claims that during the meeting, Bonnen offered long sought-after press credentials for the organization’s news site in exchange for Empower Texans’ clout to go against 10 Republican incumbents during their re-election campaigns. Sullivan later revealed he secretly recorded the meeting, and those who have listened to it have said it largely supported Sullivan’s accusations.

Utah – A Draper Council Candidate Was Booted from the Race After Missing a Filing Deadline by One Minute. Now He Says the City’s Clock Was Wrong – and an Official Misstated the Deadline.
Salt Lake Tribune – Erin Alberti | Published: 8/19/2019

Hubert Huh was booted from the recent primary election for Draper City Council after officials said he was one minute late to make a campaign filing. Now, Huh is suing the city, saying the clock in their administrative office was more than two minutes fast, and the city recorder provided the wrong date in a notification of the campaign finance disclosure deadline.

Washington – More from the Matt Shea Files: GPS trackers, a ‘provisional government’ and a hunt for moles
Spokane Spokesman-Review – Chad Sokol | Published: 8/19/2019

Washington Rep. Matt Shea used the phrase “Resistance to tyranny is obedience to God” repeatedly in emails to his associates on the far right, including militia members who took part in the armed standoff at an Oregon wildlife refuge. Critics fear that Shea, an Army combat veteran, is justifying violence. In addition to running “background checks” on liberal activists and supporting military-style training for boys and young men, Shea has in recent years sought to purchase GPS tracking devices, compiled dossiers on local progressive leaders, and kept a blacklist of suspected informants in his network. Shea also distributed a list that purported to include the names and phone numbers of every law enforcement officer working in Washington state, saying it would help to “confirm or deny legitimacy” of investigators who made contact.

Washington DC – ‘It’s Disgraceful’: Pressure grows on Metro board member over role in Evans probe
Washington Post – Peter Jamison, Robert McCartney, and Fenit Nirappil | Published: 8/21/2019

Pressure is mounting on Corbett Price, the District of Columbia’s second voting board representative on the Washington Metropolitan Area Transit Authority, to resign after allegations he leaned on the agency’s staff and took other steps to conceal an ethics violation by council member and former board member Jack Evans. An agency investigation found Evans failed to disclose a conflict-of-interest arising from his private consulting work for the city’s largest parking company. Records of the probe state both Evans and Price, in addition to falsely stating that Evans was cleared of wrongdoing, badgered the authority’s general counsel and maneuvered in other ways to prevent the findings from becoming public. Those allegations may have been a tipping point for some council members who did not support an earlier effort to remove Price from the board.

West Virginia – Lawmakers Call for Ethics Reform to Deal with Billionaire Resort-Owning Governor
ProPublica – Ken Ward Jr. (Charleston Gazette-Mail) | Published: 8/21/2019

West Virginia lawmakers are calling for a thorough reexamination of the state’s ethics rules following a media investigation of the conflicts-of-interest created by Gov. Jim Justice’s ownership of The Greenbrier resort. The Charleston Gazette-Mail and ProPublica found that, despite what the Justice administration called a “moratorium” on state spending at The Greenbrier, government agencies paid for more than $106,000 in meals and lodging at the luxury resort since Justice became governor. “He appears to be using public office for private gain,” said Sen. William Ihlenfeld. “I think the law can be beefed up to prevent this kind of thing.”

Campaign Finance

Rhode Island: “RI’s Board of Elections Remains an Underfunded Campaign Finance Watchdog” by Ian Donnis for The Public’s Radio

Ethics

Arkansas: “Orthodontist Accused of Bribing Former Arkansas Lawmaker” by Erik De La Garza for Courthouse News Service

California: “Oakland Coliseum Authority CEO Sought $50,000 Payment from RingCentral for Naming Rights Deal” by David Debolt for San Jose Mercury News

Colorado: “Aurora City Council Approves New Ethics Law, Opposes Lobbying Registration” by Kara Mason for Colorado Sentinel

Illinois: “Report Finds Sexual Harassment, Inappropriate Behavior and Bullying Widespread in Springfield; House Speaker Michael Madigan Takes Responsibility ‘for Not Doing Enough’” by Dan Patrella and Ray Long for Chicago Tribune

Massachusetts: “Former State Police Union Chief, Lobbyist Arrested by FBI; Alleged Bribery Plot Uncovered” by Travis Andersen, Gal Tziperman Lotan, and Jeremy Fox for Boston Globe

Oregon: “Oregon Officials Request Criminal Investigation into Newspaper Reporters Over After-Hours Phone Calls, Emails” by Meagan Flynn (Washington Post) for Seattle Times

West Virginia: “Lawmakers Call for Ethics Reform to Deal with Billionaire Resort-Owning Governor” by Ken Ward Jr. (Charleston Gazette-Mail) for ProPublica

Legislative Issues

National: “Cherokee Nation Sending First-Ever Delegate to Congress” by K Thor Jensen for Newsweek

Campaign Finance

California: “Anaheim Mayor Sidhu Pays Off 2016 Assembly Debt by Fundraising While Mayor” by Spencer Custodio for Voice of OC

Florida: “This Secretive Group Is Trying to Create Barriers to Amending Florida’s Constitution” by Mary Ellen Klas for Miami Herald

Elections

Utah: “A Draper Council Candidate Was Booted from the Race After Missing a Filing Deadline by One Minute. Now He Says the City’s Clock Was Wrong – and an Official Misstated the Deadline.” by Erin Alberti for Salt Lake Tribune

Ethics

Hawaii: “Critics Question Former Council Chair’s Ties to North Shore Project” by Cristina Jedra for Honolulu Civil Beat

Maryland: “Baltimore City Council Passes New, Tighter Ethics Rules after Pugh Scandal” by Luke Broadwater and Ian Duncan for Baltimore Sun

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

South Carolina: “Columbia Airport Road May Be Renamed After Namesake Arrested for Soliciting a Prostitute” by Seanna Adcox for Charleston Post and Courier

Washington: “More from the Matt Shea Files: GPS trackers, a ‘provisional government’ and a hunt for moles” by Chad Sokol for Spokane Spokesman-Review

Lobbying

National: “Industry Flexes Political Muscle in States to Criminalize Aggressive Pipeline Protests” by Jennifer Dlouhy (Bloomberg) for Insurance Journal

Campaign Finance

National: “FEC Chairwoman: Penalty ‘slashed’ for ex-congressman who used leftover campaign money to lobby” by Emily Kopp for Roll Call

Elections

National: “These Political Super Fans Turn Their Activism into Collector’s Items” by Yelena Dzhanova for CNBC

Ethics

Missouri: “Former Economic Development CEO Gets 3 Years’ Probation, $20K Fine for Stenger Scheme” by Jason Rosenbaum and Rachel Lippman for St. Louis Public Radio

National: “F-bombs Away: Why lawmakers are cursing now more than ever” by Judy Kurtz for The Hill

National: “Inspector General Finds Politically Motivated Harassment at State Department” by Karen DeYoung for Washington Post

Indiana: “Rep. Dan Forestal Threatened Cops’ Jobs, Impersonated Police and Tried to Buy Cocaine, Police Say” by Ryan Martin and Chris Sikich for Indianapolis Star

Lobbying

Arkansas: “Panel Cautions Firms Over Lobbying Arkansas Sheriffs” by Hunter Field for Arkansas Democrat-Gazette

Michigan: “Michigan Panel Puts Brakes on $1.1M Trucking Grant after Free Press Report” by Paul Egan for Detroit Free Press

Four more states making changes to lobbying and ethics laws. Find out which jurisdictions in this edition of News You Can Use Video Digest!

Campaign Finance

Tennessee: “State Officials Launch Probe of Former House Speaker Glen Casada’s Campaign Finances” by Joel Ebert for The Tennessean

Elections

National: “Do Trump Officials Plan to Break Centuries of Precedent in Divvying Up Congress?” by Hansi Lo Wang for National Public Radio

Ethics

National: “Feds Charge Ex-UAW Leader in Growing Corruption Scandal” by Robert Snell, Kalea Hall, and Breana Noble for Detroit News

National: “Trump Wields Power Against Political Enemies” by Toluse Olorunnipa (Washington Post) for Beaumont Enterprise

California: “Former L.A. Planning Director Faces $281,000 Ethics Fine, the Largest of Its Kind” by David Zahniser, Emily Alpert Reyes, and for Los Angeles Times

Washington DC: “Jack Evans Threatened Metro Officials’ Jobs in an Effort to Conceal Ethics Violation, Documents Show” by Robert McCartney for Washington Post

Legislative Issues

Texas: “Committee Asks Texas Rangers to Investigate House Speaker’s Meeting with Empower Texans” by Tessa Weinberg for Fort Worth Star-Telegram

Lobbying

Pennsylvania: “Philly’s Voting Machine Contract Will Move Forward Despite Vendor ES&S’ Failure to Disclose Its Use of Lobbyists” by Jonathan Lai for Philadelphia Inquirer

National/Federal

At Def Con, Hackers and Lawmakers Came Together to Examine Holes in Election Security
Seattle Times – Taylor Telford (Washington Post) | Published: 8/12/2019

Hackers came had come to the DefCon computer security conference for a chance to probe voting machines used in U.S. elections. Def Con’s Voting Village, and the conference at large, has become a destination not only for hackers but also for lawmakers and members of the intelligence community trying to understand the flaws in the election system that allowed Russian hackers to intervene in the 2016 election and that could be exploited again in 2020. Harri Hursti, one of the event’s organizers, said almost all of the machines at the conference were still used in elections despite having well-known vulnerabilities that have been more or less ignored by the companies that sell them.

Donor with Deep Ukraine Ties Lent $500,000 to Biden’s Brother
Politico – Ben Schreckinger | Published: 8/15/2018

A donor with deep ties to Ukraine loaned Joe Biden’s younger brother $500, 000 at the same time the then-vice president oversaw U.S. policy toward the country. The 2015 loan came as Biden’s brother faced financial difficulties related to his acquisition of a multimillion-dollar vacation home, nicknamed “the Biden Bungalow,” in South Florida. There is no indication that the loan influenced Joe Biden’s official actions, but it furthers a decades-long pattern by which relatives of the former vice president have leaned on his political allies for money and otherwise benefited financially from the Biden name.

Hickenlooper Drops Presidential Bid, Says He’ll Give ‘Serious Thought’ to a Senate Run
Roll Call – Griffin Connolly | Published: 8/15/2019

Former Colorado Gov. John Hickenlooper ended his campaign for the 2020 Democratic presidential nomination and said he will consider a run against U.S. Sen. Cory Gardner in a battleground state that Democrats need to win to take control of the chamber. Hickenlooper, who espouses a tempered brand of liberal politics, failed to gain much national traction in his presidential bid. By the time he dropped out, he was not on pace to reach the 130,000-donor benchmark to qualify for the next presidential debates. If he enters the Senate race, Hickenlooper will become the immediate front-runner in a Democratic primary field that already has 12 candidates.

How a Trump Ally Tested the Boundaries of Washington’s Influence Game
MSN – Kenneth Vogel (New York Times) | Published: 8/13/2019

Elliot Broidy, who after having been shunned by some Republicans in the wake of his 2009 guilty plea to giving nearly $1 million in illegal gifts to New York State officials to help land a $250 million investment from the state’s pension fund, had worked himself into Donald Trump’s inner circle as a top fundraiser for his 2016 campaign and inauguration. The stature he suddenly assumed when Trump won the election allowed him to position himself as a premier broker of influence and access to the new administration. In the process, his international business came to overlap with his efforts to influence government policy in ways that have now made him the subject of an intensifying federal investigation. Broidy’s ascent was also further evidence of how Trump came to rely on people whose backgrounds and activities would have raised red flags in other campaigns and administrations.

‘If You’re a Good Worker, Papers Don’t Matter’: How a Trump construction crew has relied on immigrants without legal status
MSN – Joshua Partlow and David Fahrenthold (Washington Post) | Published: 8/9/2019

For years, a roving crew of Latin American employees has worked at Trump Organization properties throughout the country. Their ranks included workers who entered the United States illegally, according to two former members of the crew. Another employee, still with the company, said that remains true today. The hiring practices are the latest example of the chasm between President Trump’s derisive rhetoric about immigrants and his company’s long-standing reliance on workers who cross the border illegally. It also raises questions about how fully the Trump Organization has followed through on its pledge to more carefully scrutinize the legal status of its workers, even as the administration launched a massive raid of undocumented immigrants, arresting about 680 people in Mississippi recently.

Interior Centralizes Ethics Reviews After Recent High-Profile Probes
The Hill – Rebecca Beitsch | Published: 8/14/2019

The Department of the Interior will be centralizing ethics reviews across its many agencies at its headquarters, following years of ethics investigations centered on many of the department’s top staff. Ethics officials at the Bureau of Land Management, the National Park Service, and others will report to ethics officials based at Interior’s headquarters rather than agency directors. Scott de le Vega, director of Interior’s Departmental Ethics Office, said the change was designed to ensure department’s 70,000 employees are getting consistent ethics advice regardless of which branch of the department they serve. But ethics officials who reviewed the plan criticized its broad focus on all agency employees rather than the high-level officials currently being investigated for ethical lapses.

Lobbyists Race to Cash in on Cannabis Boom
The Hill – Alex Gangitano | Published: 8/11/2019

Lobbying firms are taking advantage of the cannabis boom as a number of bills on the industry move through Congress and state Legislatures. As businesses look for help dealing with new legislative and regulatory challenges, K Street is rushing to capitalize, highlighted by the highest-grossing firm, Brownstein Hyatt Farber Schreck, launching a new “Cannabis and Industrial Hemp Industry Group.”

Trial of Former Obama White House Counsel Gregory Craig Highlights Crackdown on Foreign-Influence Industry
Washington Post – Spencer Hsu | Published: 8/12/2019

In charging one of Washington, D.C.’s most prominent attorneys, Gregory Craig, with lying in connection with his work for the Ukraine government at a leading law firm, the Justice Department signaled a new era for the Foreign Agents Registration Act, a once nearly dormant law that since 2017 has been invoked in more than 20 federal prosecutions aimed at combating foreign interference in U.S. politics. The charge against Craig stems from his alleged public relations work, rather than lobbying, while with the law firm Skadden, Arps, Slate, Meagher & Flom. He is accused not of failing to register as a foreign agent under the law, but with lying and withholding information from Justice officials seeking to determine whether he was required to register.

Trump’s Opponents Want to Name His Big Donors. His Supporters Say It’s Harassment.
MSN – Katie Rogers and Annie Karni (New York Times) | Published: 8/9/2019

Calling out the people who fund campaigns is not a new tactic in politics, but the question of how much should be publicly disclosed about those donors has been an issue that Republicans have repeatedly raised in recent years. While the U.S. Supreme Court ruled in the Citizens United case to uphold public disclosure, with Justice Antonin Scalia arguing later that without such revelation “democracy is doomed,” Republicans and wealthy allies have argued it results in donor harassment and has a chilling effect on free speech. The Supreme Court’s support for campaign finance disclosure laws has a built-in exemption for people who can show a realistic threat of harassment, and the renewed scrutiny on contributors to President Trump has also raised questions about what qualifies as donor harassment and who is entitled to privacy.

Canada

Canada – Trudeau Breached Conflict of Interest Act, Says Ethics Commissioner
Canada.com; Canadian Press –   | Published: 8/14/2019

Canada’s ethics commissioner, Mario Dion, found Prime Minister Justin Trudeau violated the Conflict of Interest Act by improperly pressuring former Attorney General Jody Wilson-Raybould to halt the criminal prosecution of SNC-Lavalin. Dion said Trudeau’s attempts to influence Wilson-Raybould on the matter violated the law that prohibits public office holders from using their position to try to influence a decision that would improperly further the private interests of a third party. Dion found little doubt that SNC-Lavalin would have benefited had Trudeau succeeded in convincing Wilson-Raybould to overturn a decision by the director of public prosecutions, who had refused to invite the engineering giant to negotiate a remediation agreement in order to avoid a criminal prosecution on fraud charges related to contracts in Libya.

From the States and Municipalities

Alabama – Alabama Ethics Commission Says Airport Authority Employees Fall Under Ethics Law
AL.com – Mike Cason | Published: 8/7/2019

The Alabama Ethics Commission adopted an advisory opinion that employees of airport authorities are public employees and therefore subject to the state ethics law. Attorneys for the Birmingham and Huntsville airport authorities told the Ethics Commission that airport workers are not public employees because they are paid with funds generated by the airports, not with state, county, or municipal funds. The commission concluded otherwise. According to the opinion, the fees airport authorities collect from airlines, concessionaires, and other users of airport property are considered “state, county, or municipal funds” because the Legislature grants the authorities the ability to collect those fees for a specific public purpose.

Florida – Amid Misconduct Inquiry, NRA Lobbyist Marion Hammer Says She’s Not a Lobbyist
Florida Bulldog – Dan Christensen | Published: 8/15/2019

When is a registered lobbyist not a lobbyist in Florida? If powerful National Rifle Association (NRA) lobbyist Marion Hammer gets her way, it is when she says so. Hammer has been the NRA’s Florida lobbyist since at least2006, yet despite being paid handsomely – $270,000 last year alone – she has not filed with the Florida Senate any of the required quarterly compensation reports. Sen. Perry Thurston and Rep. Anna Eskamani filed formal complaints with the state ethics commission and Senate and House oversight authorities seeking investigations. Thurston has said Hammer “was indicating that she was a consultant and not a lobbyist” and therefore was not required to file lobbyist compensation reports.

Florida – Disney World Offers Florida Politicians a Sneak Peek at Star Wars Attraction, Spawning Ethics Questions
Orlando Sentinel – Steven Lemongello and Ryan Gillespie | Published: 8/15/2019

Walt Disney World invited state lawmakers and other officeholders to a “community leader preview” for its Star Wars: Galaxy’s Edge attraction. It is the hottest ticket in town not yet available to the general public. The event at Disney’s Hollywood Studios is not free, with invitees needing to pay $170, plus $25 parking, to attend the three-hour preview. State ethics laws are strict about what public officials and employees can accept, stating they cannot “solicit or accept anything of value to the recipient, including a gift, loan, reward, promise of future employment, favor, or service, based upon any understanding that [their] vote, official action, or judgment … would be influenced thereby.” Disney spent $28 million on state elections during the 2018 cycle and lawmakers have dealt with numerous issues related to Disney. County and city officials also deal with Disney on a regular basis.

Florida – Florida’s ‘Broken’ Legislature: ‘Session too quick, term limits too short and lawmakers paid too little’
Orlando Sentinel – Steven Lemongello | Published: 8/12/2019

Critics have asked why Florida’s Legislature operates the way it does. It has one of the nation’s shortest sessions despite being the third-largest state, and some of the strictest term limits. Special sessions are generally rare, and the result is what Rep. Carlos Guillermo Smith calls “a mad dash to sine die, with bills rushed through without being read and vetted by the public.” Many lawmakers and experts say the status quo is not going anywhere, either because they believe the process is working as intended or voters have no appetite for such reforms or for politicians adding years to their time in Tallahassee.

Florida – ‘No Probable Cause’ Matt Gaetz Violated Florida Bar Rules in Tweets at Michael Cohen
Tampa Bay Times – Steve Contorno | Published: 8/14/2019

U.S. Rep. Matt Gaetz will not face discipline from the Florida Bar for posting menacing messages on social media aimed at President Donald Trump’s lawyer and fixer Michael Cohen. Florida Bar spokesperson Francine Walker said the organization found “no probable cause” that Gaetz violated its rules for lawyers. The House ethics committee is also reviewing the incident.

Indiana – Inspector General OKs Casino Boss’s Private Flights for Gov. Eric Holcomb
Indianapolis Star – Tony Cook | Published: 8/8/2019

Indiana Gov. Eric Holcomb violated no ethics rules when a casino executive treated him to private jet flights last year. The flights in 2018 to Republican Governors Association events in Aspen, Colorado, and Scottsdale, Arizona, were together valued at more than $55,000. They gave Spectacle Entertainment Chief Executive Officer Rod Ratcliff and his business partners hours of exclusive access to Holcomb and his wife at a time when Ratcliff was seeking big changes to the state’s gaming laws that would benefit his company. Indiana Inspector General Lori Torres, who is appointed by Holcomb, determined the governor did not have to disclose the flights as a gift because they were designated as in-kind contributions to the Republican Governors Association, not to Holcomb.

Kentucky – Frankfort Resident Named Executive Director of Ky. Legislative Ethics Commission
State Journal; Staff –   | Published: 8/13/2019

Laura Hromyak Hendrix was tapped to serve as executive director of the Kentucky Legislative Ethics Commission following the retirement of John Schaaf. Hendrix, who presently serves as the commission’s legal counsel, will assume the post September 1. the post Sept. 1. “Laura’s knowledge of the ethics law and her legal experience will allow the commission to continue its tradition of advising on and enforcing the ethics laws in a fair and nonpartisan manner,” Commission Chairperson Anthony Wilhoit said.

Kentucky – Jerry Lundergan’s Trial Over Illegal Contributions to Daughter’s Campaign Begins Tuesday
Louisville Courier-Journal – Tom Loftus | Published: 8/12/2019

Jerry Lundergan, a prominent player in Kentucky Democratic Party politics for 40 years, faces trial on charges he conspired to funnel illegal corporate contributions to the campaign of his daughter, Alison Lundergan Grimes, for the U.S. Senate in 2014. Lundergan is also accused of falsifying campaign finance records to conceal what his indictment itemizes were more than $206,000 in services his company provided to Grimes’ campaign. Jurors in the case may hear arguments involving the complexities of campaign finance laws, the practices of how campaigns report contributions and expenses, and the impact of how court rulings have shaken up the world of campaign finance.

Michigan – ‘An Easy Sell’: Inman texts point to PAC dominance in Michigan politics
Detroit News – Jonathan Oosting | Published: 8/8/2019

Michigan Rep. Larry Inman was planning to vote against a controversial initiative to repeal the state’s prevailing wage law when a top House Republican aide shared a dire prediction. Democratic voters would not “come to your side” and “you will shut down any incentive for the big donors to give” to your reelection campaign, Dan Pero, chief of staff to then-House Speaker Tom Leonard, told Inman in a text on the day of the vote. The text messages, disclosed by federal prosecutors as Inman heads toward trial for allegedly trying to sell his vote to a union group opposed to the repeal, highlight the outsized influence interest group donors have on Michigan politics and how PAC contributions can influence legislative votes.

Michigan – Millions Meant for Repairing Michigan Roads Go Back to Trucking Industry
Detroit Free Press – Paul Egan | Published: 8/11/2019

Money from Michigan’s vehicle registration fees – close to $8 million since 2012 – is paid in grants to the Center for Truck Safety, a nonprofit charged with educating truckers and the public. It is an arm of the Michigan Trucking Association, the industry’s lobbying group that has fought efforts to reduce the state’s highest-in-the-nation gross weight limits for trucks. The center shares Lansing office space and has also shared employees with the association. It uses some of the state money to pay the lobbying organization rent, services such as legal advice and personnel management, and payments on a loan. Nearly all of the truck safety center’s officers and directors are also directors of the trucking association and the state briefly cut off funding to the center after finding some state money was being used to pay expenses related not to the safety center, but to the trucking association.

Missouri – Ex-St. Louis County Executive Gets Nearly 4 Years in Prison
AP News – James Saltzer | Published: 8/9/2019

Former St. Louis County Executive Steve Stenger was sentenced to almost four years in prison and fined $250,000 for steering county business to a campaign donor in exchange for thousands of dollars in contributions. Stenger has also surrendered his law and accounting licenses and paid about $130,000 in restitution. Three others also pleaded guilty as part of the scheme – Stenger’s chief of staff, Bill Miller; businessperson John Rallo, who donated to Stenger’s campaign with the expectation his companies would get county contracts; and Sheila Sweeney, whom Stenger appointed as head of the county’s economic development agency.

Missouri – Missouri Police Chiefs Lobbyist Quits After Audit Blasts No-Bid Contract He Helped Secure
St. Louis Post-Dispatch – Jack Suntrup | Published: 8/12/2019

Sheldon Lineback, the longtime lobbyist for the Missouri Police Chiefs Association, canceled his registration with the Missouri Ethics Commission after a state audit criticized his role in a no-bid contract scheme that cost taxpayers $74,000. Auditor Nicole Galloway said former Department of Public Safety Director Drew Juden steered a $58,000 contract to the Missouri Police Chiefs Charitable Foundation, which is associated with the police chiefs association. The contract was for providing fingerprinting equipment to local police departments, a job the Missouri State Highway Patrol had done in the past at no additional cost to the state. The group was allowed to keep $1.25 million in state money, meant for purchasing the equipment, in its coffers for eight months, costing the state approximately $16,000 in interest revenue, and presumably benefiting the nonprofit. Juden is the former president of the Missouri Police Chiefs Association.

Montana – Fed Appeals Court Upholds Montana’s Landmark Campaign-Finance Disclosure Law
AP News – Matt Volz | Published: 8/12/2019

The Ninth U.S. Circuit Court of Appeals upheld a provision of Montana’s campaign finance law, ruling any group distributing material that merely mentions a candidate within 60 days of an election can be required to register with the state and disclose its spending and, in some cases, its donors. The state law requires any group to register and file disclosures once it spends $250 or more on ads or mailers referring to a candidate, political party, or ballot issue within 60 days of an election. That includes organizations registered as nonprofits under section 501(c)4 of the tax law that generally are not required to disclose their donors and spending. The National Association of Gun Rights argued unsuccessfully that the U.S. Constitution bars states from requiring that kind of disclosure for informational ads, such as the kind it proposed mailing.

New Hampshire – Bipartisan Bill to Create Redistricting Panel Vetoed by New Hampshire Governor
Governing – Kevin Landrigan (Manchester Union Leader) | Published: 8/12/2019

New Hampshire Gov. Chris Sununu vetoed a bill to create an independent commission proposed to come up with the best way to redraw legislative, congressional, and executive council districts after the 2020 elections. Sununu said the measure was well-intentioned but would have an “unaccountable” panel drawing these lines after they were picked by “party bosses.” This plan would allow lawmakers to vote on redistricting maps but would keep them out of the process of drawing them. Instead, maps would be created by a 15-member commission selected from a pool of applicants collected by the secretary of state.

New Hampshire – NH Attorney General: Contributions from limited partnerships, LLPs remain legal in state elections
WMUR – John DiStaso | Published: 8/9/2019

The New Hampshire attorney general’s office cleared the way for candidates for state offices to continue receiving contributions from corporate entities known as limited partnerships and limited liability partnerships. The office responded to a complaint filed against the Friends of Chris Sununu, the governor’s campaign operation, by Granite State Progress. It charged that three contributions to Sununu in 2017 violated a state law that includes donations by partnerships in a list of prohibited contributions. The group said Sununu’s campaign violated the law by accepting the money. Assistant Attorney General Nicholas Chong Yen said the office determined at least nine years ago that it could no longer enforce bans on contributions from partnerships and limited liability partnerships.

New Jersey – Two Unions Secretly Gave $3.6 Million to Phil Murphy’s Group During Millionaires Tax Push
Bergen Record – Ashley Balcerzak | Published: 8/11/2019

Two powerful unions donated a combined $3.6 million to New Jersey Gov. Phil Murphy’s secretive “dark money” nonprofit. The state’s largest teachers’ union, the New Jersey Education Association, wrote a $1 million check in April, a month after Murphy’s 2019 budget announcement the union called “progressive” and “people-focused.” That donation is on top of the $2.5 million the union gave to New Direction New Jersey in 2018. A local branch of the Service Employees International Union pitched in an additional $150,000 in June 2018. Officials with New Direction New Jersey had said it would report who was giving the group money. The nonprofit reversed its pledge later, citing a “toxic political environment,” and refused to name who bankrolled its push to pass Murphy’s priorities.

North Carolina – After El Paso, the ‘Send Her Back’ Chant Echoes to Some as a Prelude to Murder
MSN – Griff Witte (Washington Post) | Published: 8/13/2019

Samar Badwan, a Greenville, North Carolina resident, watched as 8,000 neighbors and fellow citizens jammed an arena to serenade President Trump with chants of “Send her back,” a response to Trump’s insistence that a Muslim, Somali American member of Congress should “go back” to the land of her birth. That visit, and that chant, continues to reverberate loudly in Greenville nearly a month later, particularly for those, like Badwan, who see themselves as targets of a campaign to whip up xenophobia and hate. After the El Paso shootings, in which 22 people were killed by a gunman who parroted Trump’s warnings about an “invasion” of immigrants, the words carry a particularly ominous resonance: as a prelude to murder.

North Dakota – Panel Picks Members of North Dakota Ethics Commission
Grand Forks Herald – John Hageman | Published: 8/8/2019

A committee charged with selecting members of North Dakota’s new state ethics commission finalized its picks, marking a major step toward implementing voter-approved rules against corruption. Their terms will begin September 1. Voters created the commission through a constitutional amendment last year. Despite criticisms of a Republican-backed implementation bill approved by state lawmakers this year, the commission will be able to write rules on transparency, corruption, elections, and lobbying as well as investigate allegations of wrongdoing.

North Dakota – Top North Dakota Officials Unfazed by State Money Awarded to Ethics Commissioner’s Tribal College
Grand Forks Herald – John Hageman | Published: 8/13/2019

North Dakota’s governor and Senate leaders were unfazed that one of their picks for the state’s new ethics commission leads a tribal college that has received more than $2 million in state grants in recent years, which one lawmaker argued is a conflict-of-interest. Cynthia Lindquist, president of the Cankdeska Cikana Community College, was selected as one of five members of the voter-approved ethics commission. Gov. Doug Burgum’s spokesperson said the governor’s office was aware the tribal college had received state dollars but noted it is primarily federally funded.

Oregon – The ACLU Helped Oregon Stay Awash in Campaign Cash. It’s Having Second Thoughts.
Portland Oregonian – Rob Davis | Published: 8/7/2019

The last time Oregon voters were asked whether campaign contributions should be limited, a prominent liberal group was among the most vocally opposed: The American Civil Liberties Union of Oregon. It had an impact. Voters in 2006 said no. Thirteen years later, with a similar measure on campaign donations heading to voters next year at the behest of the state Legislature and Gov. Kate Brown, the ACLU has dropped its absolute opposition to contribution limits. The shift eliminates one major obstacle to ending Oregon’s outlier status as one of five states with no caps on campaign money.

Pennsylvania – Philly’s New Voting Machine Contract in Jeopardy Because Vendor Failed to Disclose Use of Lobbyists, Campaign Contributions
Philadelphia Inquirer – Jonathan Lai | Published: 8/14/2019

Philadelphia City Solicitor Marcel Pratt notified the acting board of elections that Election Systems & Software (ES&S) violated the law by failing to disclose its use of lobbyists and the lobbyists’ campaign contributions to the two city commissioners on the board who selected the company for a contract to provide new voting machines. If the board decides to continue with the contract, ES&S will be liable for a $2.9 million fine, Pratt said, adding that it has agreed to pay the penalty if the contract proceeds. Using lobbyists is not illegal, and Pratt noted ES&S could have disclosed the lobbying and the campaign contributions without being disqualified from the bidding and selection process. The other finalist, Dominion Voting Systems, also did not disclose its use of a lobbyist.

Pennsylvania – Pittsburgh-Area Lobbyist Charged with Defrauding Clients, Forging Grant Documents
WTAE – Bob Mayo | Published: 8/12/2019

Lobbyist Joseph Kuklis, chief executive officer of Wellington Strategies, was charged with running a corrupt organization, theft by deception, forgery, and fraudulent business practices by the Pennsylvania attorney general’s office. The criminal complaint says investigators seized records of Wellington Strategies and allegedly found evidence of forgeries in the trash of Kuklis’s home. Kuklis allegedly falsely represented to nonprofits and businesses that he had obtained state grants for them and forged letters and documents to mislead clients who paid him for his work.

Tennessee – As Tennessee Makes Voter Registration More Difficult, Activists Consider What’s Next
Governing – Matt Vasilogambros (Stateline) | Published: 8/14/2019

Less than a year after a coalition of groups, led by the nonprofit Tennessee Black Voter Project, conducted a statewide voter registration drive that accumulated 91,000 applications, activists face a daunting obstacle: A new state law that seeks to curb mass voter registration efforts by imposing criminal and financial penalties for turning in error-filled forms or failing to register with the state and undergo training. The new Tennessee law has nonprofits and voting rights activists scrambling ahead of the 2020 presidential election, as they attempt to understand new regulations that could lead to thousands of dollars in fines and even jail time.

Tennessee – Lawmakers, Political Groups Owe State $1.9M in Fines for Violating Campaign Finance, Ethics Rules
The Tennessean – Joel Ebert | Published: 8/14/2019

Two Tennessee agencies that serve as watchdogs of elected officials, candidates, and political organizations are owed nearly $1.9 million. The average Tennessean could lose their home, be subject to liens, face collections agencies, or go to jail if tickets or taxes go unpaid.  But that is not the case for the candidates, officials, and organizations that have been fined by the Registry of Election Finance and the Tennessee Ethics Commission. Instead, the state’s attorney general is tasked with collecting the two agencies’ unpaid fines.

Tennessee – State Election Registry to Formally Audit Bill Ketron’s Campaign Finance Reports
The Tennessean – Elaina Sauber | Published: 8/14/2019

The Tennessee Registry of Election Finance formally authorized an audit of former state Sen. Bill Ketron and his campaign finance committees.  Those include his committee while seeking office as Rutherford County mayor, his state Senate committee, and his PAC. Ketron, who was elected Rutherford County mayor last year, faces $60,000 in unpaid civil penalties. The fines are primarily related to late filings of his campaign finance reports. Ketron and his campaign treasurer are responsible for ensuring campaign finance reports are filed on time. But his campaign treasurer and daughter, Kelsey Ketron, is facing her own financial troubles and possible criminal charges.

Texas – Texas Democrats Sue Over Secret Meeting Between House Speaker Dennis Bonnen, Empower Texans CEO
Dallas News – James Barragan | Published: 8/8/2019

The Texas Democratic Party is suing House Speaker Dennis Bonnen and conservative activist Michael Quinn Sullivan, alleging they created an unregistered PAC and violated other state election laws. The lawsuit stems from a June meeting Sullivan had with Bonnen and Republican Caucus Chairperson Dustin Burrows. In the meeting, Sullivan has said, Bonnen and Burrows offered to give writers at his website, Texas Scorecard, House media credentials in the next legislative session in exchange for Sullivan’s political group targeting 10 GOP incumbents in next year’s primary elections. Sullivan said he rebuffed the offer. But Democrats allege that meeting and any agreements reached in it show a coordinated effort “between political actors intended to influence the election or defeat of specific candidates” and amounts to an unregistered political committee as defined by state law.

Utah – Draper City Council Candidate Booted from Race After Showing Up One Minute Past Filing Deadline
Salt Lake Tribune – Alison Berg | Published: 8/12/2019

When Hubert Huh received a call August 6 from his state representative, Jeffrey Stenquist, reminding him of the 5 p.m. deadline for filing a campaign finance disclosure form, Huh, a Draper City Council candidate, sped as fast as he could to City Hall with his form. Arriving at 5:01 p.m., the city recorder told him he was too late and would be disqualified from the race. The deadline was 5 p.m. Though Huh was only a minute past deadline, Draper spokesperson Maridene Alexander said the city follows the state code strictly, which requires a finance disclosure form be turned into the clerk or recorder’s office by 5 p.m. the day it is due.

Washington – Seattle Politics Without Corporate Money? Council Member Fires Off Long-Shot Proposal
Crosscut – David Kroman | Published: 8/14/2019

In an effort sure to face a bumpy legal road, Seattle City Councilperson Lorena González has drafted legislation aimed at stemming the growing influence of big money donors in municipal elections. The bill would limit how much donors could give to PACs while placing stricter regulations on how foreign money, including donations from U.S. companies with foreign owners, shapes city politics. It would also require PACs to disclose how their money is spent. The three proposals in González’s package share the goal of curbing the effect of money on local elections, a so-far quixotic effort to find gaps in the U.S. Supreme Court’s Citizens United decision, which is credited with opening the floodgates on corporate contributions to elections.

Washington DC – D.C. Lawmaker Jack Evans Fined $20,000 in Ethics Case Involving Outside Work
Washington Post – Fenit Nirappil | Published: 8/8/2019

District of Columbia Councilperson Jack Evans was fined $20,000 by the city’s ethics agency for using government resources and touting his influence as an elected official while soliciting employment from local law firms. The settlement is the latest fallout for the city’s longest-serving lawmaker who has been embroiled in an ethics scandal. Emails that Evans sent from his council office showed he tried to land jobs at law firms in 2015 and 2018. In business proposals, he highlighted an ability to attract private clients as a lawmaker and as board chair of the regional transit agency. The Board of Ethics and Government Accountability determined there was “substantial evidence” Evans’ contact with the law firms violated rules that prohibit the use of government resources for personal reasons and using the prestige of office for private gain.

West Virginia – Welcome to the Greenbrier, the Governor-Owned Luxury Resort Filled with Conflicts of Interest
ProPublica – Ken Ward Jr. (Charleston Gazette-Mail) | Published: 8/15/2019

Ethics officials have said West Virginia laws never contemplated someone like Gov. Jim Justice. With his decision to hold his inauguration ball at The Greenbrier, a palatial resort the governor owns, Justice ushered in a new era of politics in West Virginia, one in which it is hard to tell where the governor’s business interests end, and state government begins. All told, more than $1 million, half of the inaugural fund, went to Justice’s Greenbrier Hotel Corp. The Greenbrier represents only a slice of Justice’s holdings, estimated to be worth as much as $1.5 billion. But the iconic resort’s outsized role in West Virginia politics has made it an unparalleled ethical thicket for the governor.

Wyoming – Wyoming Is Committed to a ‘Citizen Legislature.’ But the Format Can Limit Who Is Able to Participate.
Casper Star-Tribune – Nick Reynolds | Published: 8/12/2019

Wyoming’s citizen Legislature has always been a point of pride, harkening back to a simpler time in the state’s history where government was radically by the people, for the people. According to the National Conference of State Legislatures, just 4 states – Wyoming, Montana, and the Dakotas – boast what can be considered “citizen Legislatures,” keeping the session limits short, the pay low, and legislative staff limited in order to shut out the trappings of big government. For opponents of a per diem raise for lawmakers, this is something worth preserving, both in maintaining the state’s culture of conservatism and by being fiscally prudent. But some believe the concept of the Legislature could use some updating, particularly as its members look less and less like the state they represent.

Campaign Finance

Washington: “Seattle Politics Without Corporate Money? Council Member Fires Off Long-Shot Proposal” by David Kroman for Crosscut

Ethics

Canada: “Trudeau Breached Conflict of Interest Act, Says Ethics Commissioner” by   for Canada.com; Canadian Press

Kentucky: “Frankfort Resident Named Executive Director of Ky. Legislative Ethics Commission” by   for State Journal; Staff

North Carolina: “After El Paso, the ‘Send Her Back’ Chant Echoes to Some as a Prelude to Murder” by Griff Witte (Washington Post) for MSN

North Dakota: “Top North Dakota Officials Unfazed by State Money Awarded to Ethics Commissioner’s Tribal College” by John Hageman for Grand Forks Herald

Tennessee: “Lawmakers, Political Groups Owe State $1.9M in Fines for Violating Campaign Finance, Ethics Rules” by Joel Ebert for The Tennessean

Lobbying

National: “How a Trump Ally Tested the Boundaries of Washington’s Influence Game” by Kenneth Vogel (New York Times) for MSN

Procurement

Pennsylvania: “Philly’s New Voting Machine Contract in Jeopardy Because Vendor Failed to Disclose Use of Lobbyists, Campaign Contributions” by Jonathan Lai for Philadelphia Inquirer

Campaign Finance

Montana: “Fed Appeals Court Upholds Montana’s Landmark Campaign-Finance Disclosure Law” by Matt Volz for AP News

New Hampshire: “NH Attorney General: Contributions from limited partnerships, LLPs remain legal in state elections” by John DiStaso for WMUR

Elections

National: “At Def Con, Hackers and Lawmakers Came Together to Examine Holes in Election Security” by Taylor Telford for Washington Post

Utah: “Draper City Council Candidate Booted from Race After Showing Up One Minute Past Filing Deadline” by Alison Berg for Salt Lake Tribune

Ethics

Alabama: “Alabama Ethics Commission Says Airport Authority Employees Fall Under Ethics Law” by Mike Cason for AL.com

Legislative Issues

Wyoming: “Wyoming Is Committed to a ‘Citizen Legislature.’ But the Format Can Limit Who Is Able to Participate.” by Nick Reynolds for Casper Star-Tribune

Lobbying

Missouri: “Missouri Police Chiefs Lobbyist Quits After Audit Blasts No-Bid Contract He Helped Secure” by Jack Suntrup for St. Louis Post-Dispatch

Pennsylvania: “Pittsburgh-Area Lobbyist Charged with Defrauding Clients, Forging Grant Documents” by Bob Mayo for WTAE

The Ninth U.S. Circuit Court of Appeals upheld a Montana law requiring groups to register with the state as political committees if they run any kind of ad that refers to a candidate or ballot issue within 60 days of an election.

The state law requires any group to register and file disclosures once it spends $250 or more on ads or mailers referring to a candidate, political party, or ballot issue within 60 days of an election.

The National Association for Gun Rights challenged the reporting requirements as an unconstitutional restriction on free speech.

The association argued the law’s definition of electioneering communication was too broad and should apply only to materials that advocate directly for or against a candidate.

However, the appeals court said disclosure requirements should not be limited only to regulation of express advocacy.

The Montana law was meant to shine a light on campaign related spending by groups that don’t disclose their spending or donors.

The appeals court did strike down a portion of the Montana law requiring groups to have a treasurer who is a registered voter in Montana.

The court found that requirement was not substantially related to any important governmental interest.

The National Association of Gun Rights has not made a decision on whether to appeal the ruling.

Campaign Finance

Kentucky: “Jerry Lundergan’s Trial Over Illegal Contributions to Daughter’s Campaign Begins Tuesday” by Tom Loftus for Louisville Courier-Journal

New Jersey: “Two Unions Secretly Gave $3.6 Million to Phil Murphy’s Group During Millionaires Tax Push” by Ashley Balcerzak for Bergen Record

Ethics

Missouri: “Ex-St. Louis County Executive Gets Nearly 4 Years in Prison” by James Saltzer for AP News

Legislative Issues

Florida: “Florida’s ‘Broken’ Legislature: ‘Session too quick, term limits too short and lawmakers paid too little’” by Steven Lemongello for Orlando Sentinel

Lobbying

National: “Lobbyists Race to Cash in on Cannabis Boom” by Alex Gangitano for The Hill

National: “Trial of Former Obama White House Counsel Gregory Craig Highlights Crackdown on Foreign-Influence Industry” by Spencer Hsu for Washington Post

Michigan: “Millions Meant for Repairing Michigan Roads Go Back to Trucking Industry” by Paul Egan for Detroit Free Press

Redistricting

New Hampshire: “Bipartisan Bill to Create Redistricting Panel Vetoed by New Hampshire Governor” by Kevin Landrigan (Manchester Union Leader) for Governing

Campaign Finance

National: “Trump’s Opponents Want to Name His Big Donors. His Supporters Say It’s Harassment.” by Katie Rogers and Annie Karni (New York Times) for MSN

Michigan: “‘An Easy Sell’: Inman texts point to PAC dominance in Michigan politics” by Jonathan Oosting for Detroit News

Oregon: “The ACLU Helped Oregon Stay Awash in Campaign Cash. It’s Having Second Thoughts.” by Rob Davis for Portland Oregonian

Ethics

National: “‘If You’re a Good Worker, Papers Don’t Matter’: How a Trump construction crew has relied on immigrants without legal status” by Joshua Partlow and David Fahrenthold for Washington Post

Indiana: “Inspector General OKs Casino Boss’s Private Flights for Gov. Eric Holcomb” by Tony Cook for Indianapolis Star

North Dakota: “Panel Picks Members of North Dakota Ethics Commission” by John Hageman for Grand Forks Herald

Texas: “Texas Democrats Sue Over Secret Meeting Between House Speaker Dennis Bonnen, Empower Texans CEO” by James Barragan for Dallas News

Washington DC: “D.C. Lawmaker Jack Evans Fined $20,000 in Ethics Case Involving Outside Work” by Fenit Nirappil for Washington Post