November 26, 2019 •
Conservative Groups Challenge Rhode Island Campaign Finance Law
![Conservative Groups Challenge Rhode Island Campaign Finance Law](https://stateandfed.com/wp-content/uploads/2019/11/Rhode-Island-Skyline-1000x563.jpg)
Rhode Island Skyline
Two conservative groups are asking a federal judge to strike down Rhode Island campaign finance laws that make them report political advertising and identify donors. Rhode Island’s Gaspee Project and the Illinois Opportunity Project filed a lawsuit against the Rhode […]
Two conservative groups are asking a federal judge to strike down Rhode Island campaign finance laws that make them report political advertising and identify donors.
Rhode Island’s Gaspee Project and the Illinois Opportunity Project filed a lawsuit against the Rhode Island Board of Elections in U.S. District Court arguing that paid political messaging not coordinated with a specific campaign is protected free speech that should not be subject to state financial disclosure laws.
The suit claims the disclosure laws regarding campaign contributions are unconstitutional and that revealing the identity of donors can expose them to retribution, making them less likely to donate.
The Rhode Island law requires any group that makes more than $1,000 in independent expenditures not coordinated with a campaign to report them to the Board of Elections, list what candidate or referendum is involved, list all individual donors who gave more than $1,000 that election cycle, and list the top five donors.
Supporters of the disclosure law believe it will survive the challenge because federal courts around the U.S. have upheld similar disclosure provisions.
November 26, 2019 •
Tuesday’s LobbyComply News Roundup
![Tuesday’s LobbyComply News Roundup](https://stateandfed.com/wp-content/uploads/2018/05/LCNR-scaled-e1662492841233-1000x563.jpg)
Campaign Finance National: “How the Small-Donor Revolution Became a $200 Million Payday for Middlemen” by Tik Root, Mark Fahey, and Rosie Cima for Politico Alaska: “Supreme Court Re-Enters Debate on Money in Politics by Vacating Decision on Alaska Contribution Limits” […]
Campaign Finance
National: “How the Small-Donor Revolution Became a $200 Million Payday for Middlemen” by Tik Root, Mark Fahey, and Rosie Cima for Politico
Alaska: “Supreme Court Re-Enters Debate on Money in Politics by Vacating Decision on Alaska Contribution Limits” by Richard Wolf for USA Today
New York: “Campaign Panel’s Proposal Threatens New York’s Minor Parties” by Chris Bragg for Albany Times Union
Elections
National: “Bloomberg News Won’t Investigate Candidate Bloomberg” by Associated Press for Courthouse News Service
Ethics
National: “Kentucky Governor’s Stay at Trump Hotel Could Carry Legal Implications for President” by Jonathan O’Connell and David Fahrenthold (Washington Post) for Stamford Advocate
National: “Top House Democrat Says Ethics Probe of Nunes is Likely Over Alleged Meeting with Ukrainian About Bidens” by Rosalind Helderman and Colby Itkowitz for Washington Post
New Hampshire: “Greater Scrutiny on Ethics Likely Coming for NH Lawmakers” by Gary Drayno for Seacoastonline.com
Lobbying
National: “As Members of Congress Head for the Exits, Loosely Regulated Gravy Train Beckons” by Ben Wieder for McClatchy DC
Minnesota: “Minnesota House GOP Leader Joins D.C. Area Lobbying Firm” by Torey Van Oot for Minneapolis Star Tribune
November 25, 2019 •
Monday’s LobbyComply News Roundup
![Monday’s LobbyComply News Roundup](https://stateandfed.com/wp-content/uploads/2018/05/LCNR-scaled-e1662492841233-1000x563.jpg)
Campaign Finance Arizona: “Campaign Finance Websites Still Broken as Election 2020 Nears” by Andrew Nicla for Arizona Capitol Times California: “‘A Spectacular Fall from Grace’: State commission levies big fine on Contra Costa elections chief who pocketed campaign funds” by […]
Campaign Finance
Arizona: “Campaign Finance Websites Still Broken as Election 2020 Nears” by Andrew Nicla for Arizona Capitol Times
California: “‘A Spectacular Fall from Grace’: State commission levies big fine on Contra Costa elections chief who pocketed campaign funds” by Annie Sciacca for San Jose Mercury News
Rhode Island: “Conservative Groups Sue R.I. Elections Board Over Disclosure Rules” by Patrick Anderson for Providence Journal
Elections
National: “Charges of Ukrainian Meddling? A Russian Operation, U.S. Intelligence Says” by Julian Barnes and Matthew Rosenberg (New York Times) for MSN
California: “Trump May Withhold Tax Returns and Appear on Ballot, California Supreme Court Rules” by Maura Dolan and John Myers for Los Angeles Times
Massachusetts: “Secretary of State William Galvin Benefited Politically from Voter Info Booklet and Voting Signs, Massachusetts Ethics Commission Says” by Katie Lannan (State House News Service) for MassLive.com
Ethics
National: “Secret Service Spent Quarter of a Million Dollars at President Trump’s Properties in First Five Months of His Term, Records Show” by David Fahrenthold, Jonathan O’Connell, and Joshua Partlow (Washington Post) for MSN
Maryland: “Former Baltimore Mayor Catherine Pugh Pleads Guilty to Conspiracy, Tax Evasion in ‘Healthy Holly’ Book Scheme” by Luke Broadwater and Kevin Rector for Baltimore Sun
Lobbying
National: “Amid Impeachment, Groups Press for Limits on Foreign Influence” by Kate Ackley for Roll Call
November 22, 2019 •
News You Can Use Digest – November 22, 2019
![News You Can Use Digest – November 22, 2019](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal Court to Bar Release of His Tax Returns MSN – Adam Liptak (New York Times) | Published: 11/14/2019 President Trump asked the U.S. Supreme Court to bar his accounting firm from turning over eight years of his tax returns to […]
National/Federal
Court to Bar Release of His Tax Returns
MSN – Adam Liptak (New York Times) | Published: 11/14/2019
President Trump asked the U.S. Supreme Court to bar his accounting firm from turning over eight years of his tax returns to prosecutors in New York City. The case, the first concerning Trump’s personal conduct and business dealings to reach the court, could yield a major ruling on the scope of presidential immunity from criminal investigations. In their petition urging the high court to hear their appeal, Trump’s lawyers argued he was immune from all criminal proceedings and investigations so long as he remained in office. But even if some federal investigations may be proper, the petition said, the Supreme Court should rule state and local prosecutors may not seek information about a sitting president’s conduct.
Giuliani Faces U.S. Probe on Campaign Finance, Lobbying Breaches
Yahoo News – Chris Strohm and Jordan Fabian (Bloomberg) | Published: 11/15/2019
Rudy Giuliani, President Trump’s personal lawyer, is being investigated by federal prosecutors for possible campaign finance violations and a failure to register as a foreign agent as part of an active investigation into his financial dealings, according to three U.S. officials. The probe could also include possible charges on violating laws against bribing foreign officials or conspiracy. Giuliani is a central figure in the impeachment inquiry, which focuses on an effort led by the former New York City mayor to pressure Ukraine’s government to investigate the president’s political rivals. If Giuliani is charged or indicted, he could expose Trump to a new level of legal and political jeopardy, especially if he is accused of committing a crime on the president’s behalf.
Google Announces New Political-Ads Policies That Limit Targeting but Not All Lies
Seattle Times – Tony Romm (Washington Post) | Published: 11/20/2019
Google announced new restrictions on political advertisers around the world, among them rules that bar candidates, including President Trump, from targeting narrow categories of Web users based on their political affiliation. The updates come as Google and its tech industry peers continue to face criticism for allowing politicians to lie in ads, a practice Google did not entirely outlaw as it pledged that “trust in electoral processes” outweighed the “cost or impact to spending” on political ads. Under the new rules, political advertisers now may target their ads in search and on Google-owned YouTube only down to the postal code level. These campaigns may also target people on the basis of gender or age, but they cannot do so based on voters’ political affiliations or public voter records, Google said, breaking with past policies.
How a CIA Analyst, Alarmed by Trump’s Shadow Foreign Policy, Triggered an Impeachment Inquiry
MSN – Greg Miller, Greg Jaffe, and Paul Sonne (Washington Post) | Published: 11/16/2019
The outlines of the impeachment case have been established: President Trump, his personal lawyer Rudolph Giuliani, and two diplomats are alleged to have collaborated to pressure Ukraine to pursue investigations to bolster Trump’s conspiracy theories about the 2016 election and damage the prospects of Joe Biden. To advance this hidden agenda, Trump and his allies orchestrated the ouster of a U.S. ambassador, the withholding of an Oval Office meeting from Ukraine’s new president, and the suspension of hundreds of millions of dollars in U.S. aid. It is not clear whether any of this would have come to light were it not for the actions of a relatively junior CIA employee, who is now the target of almost daily attacks by Trump and efforts to make his identity public.
Multiple Lawmakers Under Investigation Over Ethical Misconduct
MSN – Emily Cochrane (New York Times) | Published: 11/14/2019
The House ethics committee announced it was investigating whether U.S. Rep. Alcee Hastings violated the chamber’s rules by having a personal relationship with a member of his staff or accepting inappropriate gifts. Hastings has made no secret of his relationship with an employee in his congressional office. The announcement came on the same day the committee disclosed the Justice Department was investigating U.S. Rep. Ross Spano over accusations of campaign finance violations. The ethics panel also said it would continue investigations into allegations against U.S. Reps. Rashida Tlaib and Bill Huizenga.
New Study Shows Decline in Legislative Civility
Idaho Press – Betsy Russell | Published: 11/19/2019
Civility has declined at the Idaho Legislature, but not as much as in other states or in Washington, D.C., according to a new study. Researchers surveyed more than 1,300 lobbyists who work in state Legislatures in all 50 states and followed up on a survey three years earlier of lawmakers themselves. The study explored whether the gridlock that is emerged in Congress is beginning to infect state Legislatures. The lobbyists who were surveyed represent a wide array of interests, from contract lobbyists for private business interests to those representing agencies, non-profits, and public interest groups. The survey showed Idaho is not immune to a national trend toward less civility, less compromise, and more polarization in civic discourse, accompanied by declining trust in U.S. government institutions.
‘No One Believes Anything’: Voters worn out by a fog of political news
New York Times – Sabrina Tavernise and Aiden Gardiner | Published: 11/18/2019
In this volatile political moment, information, it would seem, has never been more crucial. The country is in the midst of impeachment proceedings against a president for the third time in modern history. A high-stakes election is less than a year away. But just when information is needed most, to many Americans it feels most elusive. The rise of social media; the proliferation of information online, including news designed to deceive; and a flood of partisan news are leading to a general exhaustion with news itself. Add to that a president with a documented record of regularly making false statements and the result is a strange new normal: Many people are struggling to discern what is real in a sea of slant, fake, and fact.
Once Mulvaney’s Chief of Staff, Payday Lobbyist Enjoys Frequent Access to His Old Boss
Connecticut Post – Renae Marks (Washington Post) | Published: 11/20/2019
Mick Mulvaney’s former chief of staff has been a key lobbyist for one of the country’s largest payday lenders, giving the industry access to the White House at a time it is fighting to roll back industry regulations. Al Simpson has met repeatedly with Mulvaney, whom he worked for on Capitol Hill until 2017. They have had dinner several times, and Simpson has been a frequent visitor to the Office of Management and Budget (OMB). The visits to the OMB overlap with the period Mulvaney was acting director of the Consumer Financial Protection Bureau, which has oversight of the payday lending industry. While Mulvaney has served as Office of Management and Budget director, the White House has proposed cutting the bureau’s budget and curbing its enforcement powers.
Possible Pay-to-Play Scheme for Ambassador Role in Trump Administration Uncovered by CBS News
CBS News – Staff | Published: 11/18/2019
An investigation has uncovered a possible “pay-for-play” scheme involving the Republican National Committee (RNC) and President Trump’s nominee for ambassador to the Bahamas. Emails obtained by CBS News show the nominee, billionaire Doug Manchester, was asked by the RNC to donate $500,000 as his confirmation in the U.S. Senate hung in the balance. Manchester contributed $1 million to Trump’s inauguration fund. A relief trip to the Bahamas by Manchester caught the attention of the president, who tweeted his praise. Three days after the tweet, RNC Chairperson Ronna McDaniel hit up Manchester for a donation. It was no small sum. In an email, she asked Manchester, “Would you consider putting together $500,000 worth of contributions from your family to ensure we hit our ambitious fundraising goal?”
RNC to Hold Winter Meetings at Trump Resort That Was Considered for G-7 Summit
MSN – David Fahrenthold and Michael Scherer (Washington Post) | Published: 11/18/2019
The Republican National Committee will hold its winter meetings at President Trump’s Doral golf course in’Florida next year, awarding another of the party’s most lucrative events to the president’s private business. Trump briefly chose Doral to host a much larger event: next year’s Group of Seven summit of world leaders, effectively awarding a massive federal contract to himself. After bipartisan criticism, Trump canceled the event a few days later. No new site has yet been chosen for the summit. Still, this will be the second time in two years that the GOP will hold a major meeting at the resort, a key property for Trump that has suffered financial decline since he entered politics.
Roger Stone Is Found Guilty in Trial That Revived Trump-Russia Saga
MSN – Sharon LaFraniere and Zach Montague (New York Times) | Published: 11/15/2019
Roger Stone, a former aide and longtime friend of President Trump, was found guilty of obstructing a congressional investigation into Russia’s interference in the 2016 election in what prosecutors said was an effort to protect Trump. Stone was charged with lying to the U.S. House Intelligence Committee, trying to block the testimony of another potential witness and concealing reams of evidence from investigators. Prosecutors claimed he tried to thwart the committee’s work because the truth would have “looked terrible” for both the president and his campaign. Stone was found guilty of all seven counts he was charged with.
SEC Chairman Cites Fishy Letters to Support Policy Change
Pensions and Investments – Bloomberg | Published: 11/19/2019
When Securities and Exchange Commission (SEC) Chairperson Jay Clayton handed a policy win to corporate executives recently, he pointed to a source of support: a mailbag full of encouragement from ordinary Americans. But a close look at the seven letters that Clayton highlighted, and about two dozen others submitted to the SEC by supposedly regular people, shows they are the product of a misleading, and clumsy, public relations campaign by corporate interests. At issue is the proxy process, the rules for how corporations conduct shareholder votes, such as when directors stand for re-election at annual meetings. Last year, the National Association of Manufacturers helped form the Main Street Investors Coalition to oppose what it calls the “politicization” of the investment process and to argue fund managers and boards should focus on maximizing profits. One of its priorities is changing shareholder voting rules.
Sondland Acknowledges Ukraine Quid Pro Quo, Implicates Trump, Pence, Pompeo and Others
Washington Post – Rachael Bade, Aaron Davis, and Matt Zapotosky | Published: 11/21/2019
An ambassador at the center of the House impeachment inquiry testified he was following President’s Trump’s orders, with the full knowledge of other top administration officials, when he pressured the Ukrainians to conduct investigations into Trump’s political rivals in what he called a clear “quid pro quo.” The testimony from U.S. Ambassador to the European Union Gordon Sondland is the most damaging yet for Trump in the intensifying inquiry. Sondland declared the Trump administration would not give Ukraine’s newly elected president, Volodymyr Zelensky, a chance to visit the White House unless Zelensky agreed to announce investigations that could help the president politically.
Trump Appointee Accused of Inflating Résumé, Faking a Time Cover Pushes Back in Resignation Letter
MSN – Reis Thebault (Washington Post) | Published: 11/18/2019
Mina Chang, the State Department official whose inflated resume and faked Timed magazine cover raised further questions about the Trump administration’s vetting process, has resigned. Chang defended herself and criticized the “toxic environment” at the agency, where she had served as a deputy assistant secretary in the Bureau of Conflict and Stabilization Operations. U.S. Rep. John Ratcliffe, the erstwhile nominee for director of national intelligence, withdrew from consideration after reporting on his false claims about arresting undocumented immigrants. After Trump announced Ratcliffe would not be his nominee, the president defended the White House’s failure to scrutinize their pick’s background. “I give out a name to the press, and they vet for me,” Trump said. “We save a lot of money that way.”
Twitter Rolls Out Total Ban on Ads from Political Figures
Politico – Nancy Scola | Published: 11/15/2019
Twitter unveiled the details of a previously announced far-reaching global policy that bans campaign advertising as well as ads of any type from political figures and groups, and puts strict limits around other types of paid messaging that have a political dimension. The move comes as social platforms in the U.S. are under scrutiny over their handling of political ads, set against the 2020 presidential contest. Twitter is banning all ads that mention specific candidates, elections, or legislation. The prohibition on any advertising applies to campaigns, government officials, PACs, and 501(c)(4) groups. The total ban on political ads, however, does not extend to so-called issue ads. While those issue ads will be allowed from any advertisers not otherwise prohibited from buying ads, there are significant new restrictions on their messaging and reach.
Uncertain Times Could Bring New Lobbying Strategies
Roll Call – Kate Ackley | Published: 11/21/2019
The presidential election year will hit lobbyists with potential risks all around. Candidates up and down the ballot will press proposals to remake the influence industry and to overhaul the nation’s campaign finance system. More candidates will reject K Street and business donations. Still, lobbyists say they have no plans to zip up their campaign checkbooks, hide under their desks, or decamp from the capital. Instead, they are brewing alternative strategies, workarounds that include deeper outreach to think tanks, academia, and other institutions that can lend policy gravitas to shape major discussions over health care, immigration, trade, taxes, and other matters that will feature prominently on the campaign trail and beyond.
Canada
Canada – Alberta Government Firing Election Commissioner Who Was Investigating Leadership
Global News – Dean Bennett (Canadian Press) | Published: 11/18/2019
Alberta’s United Conservative government is firing the province’s election commissioner, but says it is not because he is investigating the party and has fined it more than $200,000. Finance Minister Travis Toews said the decision to end Lorne Gibson’s contract is strictly about saving money. Chief electoral officer Glen Resler is in overall charge of running Alberta’s elections, but in early 2018 the former New Democratic Party government created a separate arm’s-length election commissioner to specifically investigate violations in fundraising and advertising. The New Democrats then hired Gibson, whose highest profile investigation has been into the 2017 United Conservative leadership race won by Jason Kenney.
From the States and Municipalities
Connecticut – No Tolls CT: Crucial role or just another anti-tolls force?
Middletown Press – Kaitlyn Krasselt | Published: 11/16/2019
Connecticut Gov. Ned Lamont’s transportation infrastructure plan included 14 tolls on highway bridges and interchanges throughout the state, raising $320 million a year. But less than a week after he unveiled the proposal it was effectively dead as Senate Democrats expressed their reluctance to bring it to a vote. The fast result marks a win for the for No Tolls CT. Now, as the state searches for answers on how to fund transportation, the question remains as to how much influence the group ultimately had. Some have begun to question whether No Tolls CT is truly the small grassroots troupe of passionate volunteers they claim to be, or if there are larger, more organized and experienced political powers with deep pockets behind it.
Georgia – Stacey Abrams Campaign Says Georgia Ethics Watchdog’s Lawsuit Is Partisan
The Guardian – Khushbu Shah | Published: 11/20/2019
Georgia’s ethics commission filed a lawsuit against former Democratic gubernatorial candidate Stacey Abrams’ 2018 campaign, insisting it had not received all relevant communications requested in April. Abrams’s former campaign manager, Lauren Groh-Wargo, now the leader of Abrams’ national campaign against voter suppression, called the demand for the documents a “politically motivated investigation.” Months after Abrams lost the race, the commission launched the investigation around “unlawful coordination” between her gubernatorial campaign and several groups. For that reason, the lawsuit alleges, the commission needs to review not only financial records, but communications between the various organizations, including the New Georgia Voter Project and Fair Count, both launched by Abrams.
Illinois – Lawmakers Address Ethics Issues
State Journal-Register – Doug Finke | Published: 11/14/2019
The Illinois Legislature approved what lawmakers on both sides of the aisle described as a small step toward fixing the state’s ethics laws amid an ongoing federal public corruption probe that has ensnared politicians from Chicago City Hall to the Capitol in Springfield. Lawmakers approved Senate Bill 1693 that would require state lobbyists to disclose more information to the public and create a combined online database for information on lobbyists, campaign contributions, and public officials’ annual statements of economic interest. A companion measure, House Joint Resolution 93, that lawmakers also approved would create a 16-member commission to recommend additional changes to ethics laws.
Indiana – A ‘Tradition’ of Public Corruption: Mayors being arrested isn’t unusual for Indiana
Indianapolis Star – Crystal Hill | Published: 11/20/2019
Muncie Mayor Dennis Tyler was arrested after being indicted for allegedly taking a $5,000 bribe in exchange for a public contract. History shows Tyler’s arrest is hardly unusual. The allegations against Tyler are tame compared to what some previous Hoosier mayors have been accused, and convicted, of. Throughout the last century, The Indianapolis Star found at least a dozen mayors who were charged and/or convicted in local or federal cases, including now four mayors from Muncie alone. Tyler also is the fourth Indiana mayor arrested in the last five years. While many of the earlier charges point to a specific period in history, the offenses are not dissimilar from public corruption accusations that still make headlines today, according to a historian.
Indiana – McDermott Admits Family Is Repaying $50,000 Campaign Contribution from Wife’s Judicial Fund
Northwest Indiana Times – Dan Carden | Published: 11/16/2019
Hammond Mayor Thomas McDermott Jr. and his wife, Lake Circuit Court Judge Marissa McDermott, are preparing to repay $50,000 in campaign contributions originally paid to her judicial campaign fund from his mayoral account after state officials deemed the amount excessive. There also are no legal limits on campaign donations or loans between a husband and wife in Indiana so long as they are reported. But Mayor McDermott said the Indiana Commission on Judicial Qualifications viewed the loan as a potential violation of code of judicial conduct, which directs judicial candidates “to solicit and accept only such campaign contributions as are reasonable.”
Kansas – Cerner Must Guard Against Conflicts of Interest as Exec Runs for Congress, Experts Say
Kansas City Star – Bryan Lowry and Jason Hancock | Published: 11/17/2019
When Cerner executive Amanda Adkins launched her congressional campaign in September, her website featured a photograph of her standing next to the corporate logo on the company’s Kansas City campus. The photo was cropped to remove the Cerner name shortly after the site went online. The change illustrates the ethical and optical challenges both the company and Adkins face as she seeks the Republican nomination in Kansas’ Third Congressional District, while continuing to work for the health care IT giant that holds billions of dollars in federal contracts. Federal law restricts government contractors from giving money to congressional candidates. Cerner will also have to protect against providing services to Adkins, which could be seen as in-kind contributions under FEC rules, said Brendan Fischer of the Campaign Legal Center.
Louisiana – Walter Dumas, Ex-Southern Board Member, Owes $138K for Unpaid Stadium Suite Rental, Appeals Court Says
New Orleans Advocate – Joe Guyan Jr. | Published: 11/18/2019
Former Southern University Board of Supervisors member Walter Dumas and his now-defunct law firm must pay the Louisiana Board of Ethics $138,000 for using an A.W. Mumford Stadium suite for three years without paying the rental fee, an appeals court has ruled for the second time. The latest ruling came when the state First Circuit Court of Appeal rejected Dumas’ argument that the Ethics Adjudicatory Board lacked subject matter jurisdiction when it ordered Dumas and his firm to pay the money. The sum represents yearly rental payments of $13,800 for the 2006, 2007, and 2008 football seasons, plus a $96,600 donation to the Southern University System Foundation that was payable over three years.
Maryland – Former Baltimore Mayor Pugh Charged with 11 Counts of Fraud, Tax Evasion in ‘Healthy Holly’ Book Scandal
Baltimore Sun – Luke Broadwater and Kevin Rector | Published: 11/20/2019
Former Baltimore Mayor Catherine Pugh was indicted by a federal grand jury on fraud and tax evasion over lucrative deals for her self-published children’s series of books. Prosecutors allege Pugh defrauded area businesses and nonprofit organizations with nearly $800,000 in sales of her “Healthy Holly” books to unlawfully enrich herself, promote her political career, and illegally fund her campaign for mayor. Though her customers ordered more than 100,000 copies of her books, the indictment says Pugh failed to print thousands of copies, double-sold others, and took some to use for self-promotion. She used the profits to buy a house and make illegal straw donations to her campaign, prosecutors allege. At the same time, prosecutors said, she was evading taxes.
Michigan – Former Lawmakers Sue to Undo Michigan’s Term Limits
Detroit News – Beth LeBlanc | Published: 11/20/2019
Eight former Republican and Democratic lawmakers are suing Secretary of State Jocelyn Benson over Michigan’s shortest-in-the-nation term limits, which they say are an “unconstitutional bar to their ballot access.” State lawmakers are limited to serving a total of 14 years across the two legislative chambers – three, two-year terms in the House and two, four-year terms in the Senate. Five of the lawmakers are now registered lobbyists. The 501(c)4 or social welfare group funding the lawsuit lists Rusty Merchant, a lobbyist, as its resident agent and the press conference announcing the lawsuit was held in a conference room belonging to lobbying firm McAlvey Merchant & Associates.
Montana – Montana Candidates Failed to Properly Disclose Facebook Ad Spending
Montana Public Radio – Corin Cates-Carney | Published: 11/20/2019
Political ads for Montana’s 2020 gubernatorial race have appeared on Facebook at least 760,000 times since the start of the year. Montana Public Radio (MTPR) found nearly all the candidates running for office did not follow state rules for disclosing details about those ads to the public. After MTPR reached out to Jeff Mangan, the commissioner of political practices, about the discrepancy in Facebook ad spending, he sent a memo to all candidates in Montana. Mangan reminded them “they have the responsibility and obligation to understand and comply with all Montana campaign finance laws.” It also requests candidates send amended disclosure forms that include all social media advertising expenditures.
Nevada – Nevada Licensing Boards Sometimes Lobby Against State’s Interests
Las Vegas Review-Journal – Bill Dentzer | Published: 11/15/2019
To the administrative and regulatory maze that is Nevada’s occupational licensing system, add this twist: more than half the state-appointed licensing boards employ lawyers or lobbyists at state expense, and occasionally they work against the state’s interests. For 2017 through 2021, the state is footing more than $2.6 million in legal and lobbying expenses for 21 licensing boards, according to a review requested by the state Board of Examiners. The board meets monthly to review and approve state spending. The boards are technically funded by fees from professional licensing, not from the state’s general fund. But the boards are state-created entities, their members are appointed by the governor, and their contractual expenses still come before the Board of Examiners for approval.
New York – De Blasio Donor Sues JCOPE, Arguing Inquiries Are Illegal
Albany Times Union – Chris Bragg | Published: 11/17/2019
While the Joint Commission on Public Ethics (JCOPE) has reached a series of settlements with donors to New York City Mayor Bill de Blasio’s lobbying charity, a target of the inquiry is fighting back, arguing the investigations are based on an illegal premise. Under state law, public officials are not allowed to accept gifts of more than “nominal” value from lobbyists or their clients. The types of gifts targeted by regulators have included items such as free plane trips for elected officials or tickets to sporting events. JCOPE in 2014 passed a regulation that also barred a lobbyist or their client from donating to a “charitable organization, on behalf of or at the direction of, a public official.” The lawsuit filed by Broadway Stages argues the regulation is illegal, since state lawmakers never passed a law empowering JCOPE to expand the definition of “gift.”
New York – Heastie’s Counsel Contacted Ethics Commissioner After Percoco Vote
Albany Times Union – Brendan Lyons | Published: 11/20/2019
Howard Vargas, the executive counsel to New York Assembly Speaker Carl Heastie, is the person who contacted a commissioner with the Joint Commission on Public Ethics (JCOPE) in January and allegedly pressed her about a meeting earlier that day in which the panel voted whether to investigate Joseph Percoco, a former top aide to Gov. Andrew Cuomo. The unusual call by Vargas took place not long after Cuomo had spoken with Heastie at the Capitol, and allegedly expressed concerns about the voting that day by the speaker’s appointees to JCOPE. The closed-door deliberations of the commission are not public, and any disclosure of that information may violate state law.
North Carolina – Cooper ‘Improperly’ Used Influence on Pipeline, Investigation Started by GOP Concludes
Raleigh News and Observer – Dawn Baumgartner Vaughan and Dan Kane | Published: 11/20/2019
An independent investigation started by Republican legislative leaders into North Carolina’s approvals for the Atlantic Coast Pipeline found Democratic Gov. Roy Cooper “improperly used the authority and influence of his office” but did not personally benefit from those decisions. The report was released almost two years after GOP leaders first questioned the governor’s office about the appearance of a “pay-to-play” or “pay-for-permit” after the Cooper administration approved a permit for the pipeline. Cooper’s administration at that time also announced the pipeline companies would provide $57.8 million to a fund under the governor’s control to be used for environmental mitigation, economic development, and renewable energy in areas affected by the pipeline.
North Carolina – North Carolina Lawmakers OK New 2020 Congressional Maps. Now It’s Up to the Courts
Raleigh News and Observer – Brian Murphy | Published: 11/15/2019
The Republican-controlled North Carolina Legislature approved a new congressional district map to be used in 2020 that is likely to shrink the GOP’s edge in the state’s congressional delegation. But Democrats plan to challenge the map in court again. Lawmakers drew the new map after a three-judge panel indicated it was likely to toss the previous map as an unconstitutional partisan gerrymander. If a new map is not in place by December 2, the congressional primaries scheduled for March could be postponed. The maps will only be used in 2020 as they will have to be redrawn for the 2022 election using new Census data. That process should start in March 2021.
Oregon – Oregon Lawmakers Hear New Proposal for Capping Campaign Contributions
Oregon Public Broadcasting – Dirk VanderHart | Published: 11/19/2019
At a meeting of the Oregon Senate Campaign Finance Committee he chairs, Sen. Jeff Golden unveiled a proposal for new campaign finance regulations that contains elements he believes are “ideal.” Those elements could become a key starting point as the Legislature prepares to grapple with the issue early next year. Golden’s proposal would place ceilings on the amount of money individuals and various types of political committees could give to candidates, campaigns, and one another. Oregon is currently one of a handful of states with no limits on campaign contributions.
Oregon – Oregon Supreme Court Considers Whether to Overturn Landmark Campaign Finance Ruling
Oregon Public Broadcasting – Jeff Mapes | Published: 11/15/2019
The Oregon Supreme Court held a hearing to determine whether it will overturn one of its more notable rulings, the two-decade-old decision that struck down the state’s voter-approved campaign finance limits. After 90 minutes of spirited debate with the attorneys in the case, it seems clear the justices were animated by the issue of whether they should do exactly that. The court is considering the constitutionality of an ordinance passed by Multnomah County voters that places a $500-per-person limit on campaign donations. But the stakes are larger than that. If the justices revisit their 1997 ruling, it could also open the door to the imposition of strict limits at the state level.
Pennsylvania – Bill Limiting Gifts to Public Officials Moves in Pa. Legislature
Pittsburgh Post-Gazette – Mark Scolforo (Associated Press) | Published: 11/19/2019
The House State Government Committee vote to advance new limits on gifts to Pennsylvania public officials, including an outright prohibition on taking cash, although the proposal includes numerous exceptions. The vote came after Republicans pushed through a party-line vote to add an exception to let lobbyists give birthday or wedding presents. Gifts generally would not be allowed if they total more than $50 from one person in a calendar year, or hospitality, transportation, or lodging worth $500 a year. Lobbyist gifts would not be covered if the lobbyist and public official have “a personal romantic relationship.”
Texas – The Inauguration of Greg Abbott and Dan Patrick Cost Millions. But Much of It Went to Fundraising and Staff.
Texas Tribune – Shannon Najmabadi and Jay Root | Published: 11/18/2019
The inauguration of the Texas governor and lieutenant governor – traditionally two days of parties, picnics, and parades – has been transformed into a giant payday for campaign staff and fundraisers. The money spent on personnel, including payroll and fundraising, has skyrocketed during Gov. Greg Abbott’s two swearing-in celebrations, dwarfing spending in those categories during the Rick Perry era, which spanned more than a decade. Gubernatorial spokesperson John Wittman has said no state dollars were spent on the festivities and that none of the $800,000 donated by the inaugural committee to charities, which he would not name which, benefited entities tied to Abbott or the government.
Virginia – Salacious Facebook Posts About a Former Virginia Beach City Council Candidate Lead to Defamation Lawsuit
The Viginian-Pilot – Jane Harper | Published: 11/14/2019
Dee Oliver was a favorite to win an at-large seat on the Virginia Beach City Council in the November election. But days before voters headed to the polls, a post published on a Facebook discussion group with thousands of members portrayed the candidate as a “woman of ill repute,” according to a lawsuit Oliver filed. The post suggested she had sex with a physical fitness trainer in a hospital bathroom while the man was there for heart surgery, the complaint says, and while his family was in the next room. Oliver ended up losing the election by just 347 votes after a recount. The case highlights the potential legal danger of posting on social media, especially if the information is false or is published with reckless disregard for the truth.
Washington – In Olympia, an Idea to Help Voters Easily Track Campaign Ad Money and Zero in on Who’s Being Targeted
Seattle Times – Joseph O’Sullivan | Published: 11/20/2019
Election spending in Washington continues to break records. Meanwhile, micro-targeted online advertising, such as through Facebook and Google, has made it possible for campaigns to reach small slices of voters without the broader public being aware. So, state campaign finance officials discussed the idea of giving Washington’s disclosure system a boost: building a searchable digital archive that collects campaign ads and information related to them. Officials for the Public Disclosure Commission said a digital archive could shine sunlight on political ads bought through social-media companies. A searchable database could also help voters make sense of a dizzying amount of election messaging and the sources behind it.
Washington DC – D.C. Council Members Aim to Tighten Loopholes in Subcontracting Law
Washington Post – Steve Thompson and Fenit Nirappil | Published: 11/19/2019
A group of District of Columbia Council members introduced a bill designed to improve compliance with a law that requires companies with large public contracts to subcontract some work to small local businesses. The subcontracting law has been revised in prior years as lawmakers attempted to stop contractors from abusing it. The bill would prohibit contractors from subcontracting work to companies in which they have an ownership stake to fulfill the law’s requirements. It would also require more evidence from businesses that they are local, create a tip line for reporting violations, and increase the frequency of site inspections.
Washington DC – D.C. Lawmaker Jack Evans Sought Stock in Sign Company After Acknowledging Potential Conflict of Interest, Report Says
Washington Post – Steve Thompson | Published: 11/14/2019
The investigation into ethics allegations against District of Columbia Councilperson Jack Evans provided fresh details about his dealings with a digital sign company at the heart of several probes into whether Evans used his office to benefit his private clients and employers. Digi Outdoor Media and Evans negotiated a private consulting contract in 2016 while the sign company was clashing with the city over its regulation of outdoor advertising. Investigators hired by the city council concluded Evans and his staff took official actions to benefit the company against a “backdrop of benefits and intermittent financial entanglements.”
Wisconsin – ‘Much Too Divided’: Lobbyists, Capitol observers adjust to slower pace under split government
Madison.com – Briana Reilly | Published: 11/18/2019
Nearly a year into divided government in Wisconsin, many lobbyists and Capitol observers say they have adjusted to the new reality: things are moving slower and less is getting done. After a decade of one-party control of the state Legislature and governor’s office, a new Democratic face in the East Wing, coupled with Republicans holding onto their legislative majorities, has brought a change of pace to the legislative process. As Republicans and Democrats work to navigate the situation, lobbyists are also learning what they can expect to accomplish under the new order, which some described as a balancing act between the Republican Assembly speaker, GOP Senate majority leader, and Democratic governor.
November 21, 2019 •
Alberta’s Independent Election Commissioner To Be Terminated
![Alberta’s Independent Election Commissioner To Be Terminated](https://stateandfed.com/wp-content/uploads/2019/11/Alberta-Legislature-Building-1000x563.jpg)
Alberta Legislature Building - Timorose
Upon Royal Assent from Alberta’s lieutenant-governor, the province will officially eliminate the office of the independent Alberta Election Commissioner. The move makes the commissioner a staff position under the Chief Electoral Officer. Bill 22, Reform of Agencies, Boards and Commissions […]
Upon Royal Assent from Alberta’s lieutenant-governor, the province will officially eliminate the office of the independent Alberta Election Commissioner. The move makes the commissioner a staff position under the Chief Electoral Officer.
Bill 22, Reform of Agencies, Boards and Commissions and Government Enterprises Act, 2019, passed on November 21. The bill also terminates the current election commissioner, Lorne Gibson, from his position.
Gibson, in his role as commissioner, has fined the members of the majority United Conservative Party government more than $200,000 for election violations.
The election commissioner’s staff will transfer to work for the office of the chief electoral officer, who will then hire a new commissioner.
The bill passed even though the province’s Ethics Commissioner, Margueritte Trussler, issued an opinion stating the individual MLAs who are in the process of being investigated by the Election Commissioner would be in breach of the Conflicts of Interest Act if they were to vote on the bill.
The breach would exist because those MLAs stand to materially benefit from the termination of the Office of the Election Commissioner.
November 21, 2019 •
Alaska Governor Chooses Candidate to Fill Vacant House Seat
![Alaska Governor Chooses Candidate to Fill Vacant House Seat](https://stateandfed.com/wp-content/uploads/2018/05/Alaska_State_Capitol_Building-1000x563.jpg)
Alaska State Capitol Buildling - Jay Galvin
Gov. Mike Dunleavy announced that Melvin Gillis has been selected to fill the vacant South Anchorage state House of Representatives District 25 seat. The seat became vacant when Josh Revak was confirmed to the Senate seat that was held by […]
Gov. Mike Dunleavy announced that Melvin Gillis has been selected to fill the vacant South Anchorage state House of Representatives District 25 seat.
The seat became vacant when Josh Revak was confirmed to the Senate seat that was held by Sen. Chris Birch, who passed away in August.
Gillis was one of three candidates picked by local party officials.
House Republicans will have to approve the appointment.
November 19, 2019 •
Kentucky Governor Sets Date for Special Election
![Kentucky Governor Sets Date for Special Election](https://stateandfed.com/wp-content/uploads/2019/06/The_south_facade_of_the_Kentucky_State_Capitol_building_located_in_Frankfort_Kentucky._Photographed_by_Tedd_Liggett_on_September_15_2018-1000x563.jpg)
The Kentucky State Capitol building
Gov. Matt Bevin executed a writ of election to fill the vacant Senate 38th District seat. The special election will be held on Tuesday, January 14, 2020. The seat became vacant after Sen. Dan Seum resigned effective November 16.
Gov. Matt Bevin executed a writ of election to fill the vacant Senate 38th District seat.
The special election will be held on Tuesday, January 14, 2020.
The seat became vacant after Sen. Dan Seum resigned effective November 16.
November 19, 2019 •
North Carolina Lawmakers Redraw State’s Congressional Map
A replacement map for North Carolina’s congressional districts was finalized with new lines drawn to address alleged extreme partisan bias. The map was redrawn after state judges blocked lines drawn in 2016 from being used next year. The judges ruled […]
A replacement map for North Carolina’s congressional districts was finalized with new lines drawn to address alleged extreme partisan bias.
The map was redrawn after state judges blocked lines drawn in 2016 from being used next year.
The judges ruled there was enough evidence of partisan gerrymandering to make it likely that the 2016 map violated the state constitution.
The voters whose legal challenge led to the new map went to court immediately to oppose the newly drawn map.
However, the North Carolina Supreme Court refused to fast-track the redistricting appeal.
Without a bypass to the state Supreme Court, any appeal would have resulted in a lengthy process that would likely not have been resolved until the 2020 elections were over, making a ruling largely moot.
November 19, 2019 •
Tuesday’s LobbyComply News Roundup
![Tuesday’s LobbyComply News Roundup](https://stateandfed.com/wp-content/uploads/2018/05/LCNR-scaled-e1662492841233-1000x563.jpg)
Campaign Finance Indiana: “McDermott Admits Family Is Repaying $50,000 Campaign Contribution from Wife’s Judicial Fund” by Dan Carden for Northwest Indiana Times Texas: “The Inauguration of Greg Abbott and Dan Patrick Cost Millions. But Much of It Went to Fundraising […]
Campaign Finance
Indiana: “McDermott Admits Family Is Repaying $50,000 Campaign Contribution from Wife’s Judicial Fund” by Dan Carden for Northwest Indiana Times
Texas: “The Inauguration of Greg Abbott and Dan Patrick Cost Millions. But Much of It Went to Fundraising and Staff.” by Shannon Najmabadi and Jay Root for Texas Tribune
Elections
National: “Twitter Rolls Out Total Ban on Ads from Political Figures” by Nancy Scola for Politico
Ethics
National: “How a CIA Analyst, Alarmed by Trump’s Shadow Foreign Policy, Triggered an Impeachment Inquiry” by Greg Miller, Greg Jaffe, and Paul Sonne (Washington Post) for MSN
National: “Giuliani Faces U.S. Probe on Campaign Finance, Lobbying Breaches” by Chris Strohm and Jordan Fabian (Bloomberg) for Yahoo News
Lobbying
Nevada: “Nevada Licensing Boards Sometimes Lobby Against State’s Interests” by Bill Dentzer for Las Vegas Review-Journal
New York: “De Blasio Donor Sues JCOPE, Arguing Inquiries Are Illegal” by Chris Bragg for Albany Times Union
Wisconsin: “‘Much Too Divided’: Lobbyists, Capitol observers adjust to slower pace under split government” by Briana Reilly for Madison.com
November 18, 2019 •
Louisiana Gov. John Bel Edwards Wins Reelection
![Louisiana Gov. John Bel Edwards Wins Reelection](https://stateandfed.com/wp-content/uploads/2019/11/John-Bel-Edwards-crops-980x563.jpg)
Louisiana Gov. John Bel Edwards
On Saturday, Gov. John Bel Edwards defeated Republican challenger Eddie Rispone to win reelection. The election was close heading into the final week and Edwards held onto his seat with a difference of 40,300 votes. Edwards becomes the first Democrat […]
On Saturday, Gov. John Bel Edwards defeated Republican challenger Eddie Rispone to win reelection.
The election was close heading into the final week and Edwards held onto his seat with a difference of 40,300 votes.
Edwards becomes the first Democrat in Louisiana to win reelection since 1975.
November 15, 2019 •
California Governor Sets Special Election
![California Governor Sets Special Election](https://stateandfed.com/wp-content/uploads/2019/07/Gavin-Newsom-1000x563.jpg)
California Gov. Gavin Newsom
Gov. Gavin Newsom set March 3, 2020, as the date for the special elections to fill the vacant 25th Congressional District seat and 28th Senate District seat. The 25th Congressional District seat became vacant when former Rep. Katie Hill resigned […]
Gov. Gavin Newsom set March 3, 2020, as the date for the special elections to fill the vacant 25th Congressional District seat and 28th Senate District seat.
The 25th Congressional District seat became vacant when former Rep. Katie Hill resigned amid allegations that she violated House ethics rules.
The 28th Senate District seat became vacant when former Sen. Jeff Stone resigned to accept an appointment to become the U.S. Department of Labor’s western regional director.
A runoff election will be held on May 12 if no candidate wins a majority.
March 3 is also the scheduled date for California’s 2020 presidential primary election.
November 15, 2019 •
News You Can Use Digest – November 15, 2019
![News You Can Use Digest – November 15, 2019](https://stateandfed.com/wp-content/uploads/2019/05/NYCU-Logo-e1662491950752-1000x563.png)
National/Federal A Court Rejects Trump’s Appeal in His Fight to Keep Financial Records from Congress Pittsburgh Post-Gazette – Charlie Savage (New York Times) | Published: 11/13/2019 The U.S. Court of Appeals for the District of Columbia let stand an earlier ruling […]
National/Federal
A Court Rejects Trump’s Appeal in His Fight to Keep Financial Records from Congress
Pittsburgh Post-Gazette – Charlie Savage (New York Times) | Published: 11/13/2019
The U.S. Court of Appeals for the District of Columbia let stand an earlier ruling that President Trump’s accounting firm must turn over eight years of his financial records to Congress, bringing the case to the threshold of a likely U.S. Supreme Court battle. Lawyers representing Trump argued Congress had no legitimate legislative authority to seek his business records because the panel seeking them, the House Oversight and Reform Committee, was primarily trying to determine whether he broke existing laws, not weighing whether to enact a new one. Lawyers for House Democrats maintained it was within Congress’s constitutional authority to seek the records, both as a matter of oversight and as it considered whether new presidential ethics and financial disclosure laws are necessary.
After Push from Perry, Backers Got Huge Gas Deal in Ukraine
AP News – Desmond Butler, Michael Biesecker, Stephen Braun, and Richard Lardner | Published: 11/11/2019
Two political supporters of U.S. Energy Secretary Rick Perry secured a potentially lucrative oil and gas exploration deal from the Ukrainian government soon after Perry proposed one of the men as an adviser to the country’s new president. Perry’s efforts to influence Ukraine’s energy policy came earlier this year, just as President Volodymyr Zelenskiy’s new government was seeking military aid from the U.S. to defend against Russian aggression and allies of President Trump were ramping up efforts to get the Ukrainians to investigate Joe Biden. Ukraine awarded the contract to Perry’s supporters little more than a month after the. energy secretary attended Zelenskiy’s May inauguration. In a meeting during that trip, Perry handed the new president a list of people he recommended as energy advisers.
Ban Political Ads on Facebook? Upstart, Anti-Trump Candidates Object.
San Francisco Chronicle – Isaac Stanley-Becker (Washington Post) | Published: 11/10/2019
When Twitter announced a ban on political ads, some top Democrats urged Facebook to follow, saying the site’s promotion tools benefit President Trump by allowing him and his allies to spread falsehoods that reach millions. But if Facebook were to cut off political ads, it could end up undercutting the first-time candidates inspired to enter politics by Trump’s election, including some of the Democrats who helped the party retake the House in 2018. “Online advertising lowers the cost and the barriers to entry,” said Erika Franklin Fowler of Wesleyan University, in part because advertisers can pay for specific impressions rather than having to display ads to an entire local television audience, which may exceed a particular electoral district, creating unnecessary costs.
Deval Patrick Joins the 2020 Race: ‘This won’t be easy, and it shouldn’t be’
MSN – Matt Stevens and Jonathan Martin (New York Times) | Published: 11/14/2019
Former Massachusetts Gov. Deval Patrick officially entered the presidential race, adding an 18th candidate and a late twist to a turbulent Democratic primary with less than three months to go before the Iowa caucuses. Patrick sought to immediately draw a contrast with some of the leading candidates, indirectly taking aim at former Vice President Joe Biden and U.S. Sens. Elizabeth Warren and Bernie Sanders by echoing critiques of their approaches that other candidates have been voicing for weeks, if not months. Patrick’s entry into the contest reflects unease among some Democrats around the current state of the race and underscore the fact that no candidate has yet emerged as a dominant force.
Founder’s Presidential Bid Puts Bloomberg News in Spotlight
The Hill – Joe Concha | Published: 11/12/2019
Former New York City Mayor Michael Bloomberg’s potential presidential bid could raise serious questions for the news organization that bears his name. While it is more famous for its coverage of the economy and global markets, Bloomberg News has a robust news operation that covers the White House, presidential campaigns, and Congress. Bloomberg’s entry into the crowded Democratic primary would leave the reporters and editors covering their company’s namesake as he battles more than a dozen others for the party’s presidential nomination.
Impeachment Hearings Open with Revelation on Trump’s Ukraine Pressure
MSN – Nicholas Fandos and Michael Shear (New York Times) | Published: 11/13/2019
William Taylor Jr., the acting ambassador to Ukraine, revealed new evidence of President Trump’s personal efforts to press Ukraine to investigate political rivals as House investigators launched public impeachment hearings. Taylor said his staff recently told him they overheard Trump’s phone call with Ambassador Gordon Sondland at a restaurant the day after Trump’s July 25 phone call with the new leader of Ukraine that sparked the impeachment investigation. The staffer explained that Sondland had called the president and Trump could be heard asking about “the investigations.” Sondland told the president the Ukrainians were ready to move forward, Taylor testified.
Lobbyist Says He Wasn’t Lobbying When He Tried to Oust Ukrainian Ambassador. Experts Disagree.
USA Today – Kevin McCoy | Published: 11/8/2019
An allegation that lobbyist Bob Livingston sought to oust the U.S. ambassador to Ukraine raises questions about whether he violated a federal law that requires lobbyists to disclose their work for foreign clients. Livingston, a former high-ranking House member who heads an influential K Street lobbying firm, repeatedly called Foreign Service Officer Catherine Croft and pressed for the ouster of the ambassador, Marie Yovanovich, Croft told impeachment investigators. Livingston probably should have disclosed whether he was paid by two Ukraine-linked clients or any other foreigner to seek Yovanovitch’s removal, two legal experts on the Foreign Agents Registration Acts aid. But Livingston said he made the calls as a “concerned American citizen,” not as a lobbyist.
Redistricting Activists Brace for Wall of Inaction as Battle Moves to States
San Antonio Express-News – Amy Gardner, Ted Mellnik, and Adrian Blanco (Washington Post) | Published: 11/12/2019
The U.S. Supreme Court’s decision that partisan gerrymanders are beyond the reach of federal courts has opened the door to a patchwork of outcomes in different states that will hinge on the partisan tilt of their judiciaries and the fine print of their constitutions. That ruling also negated decisions in lower federal courts that threw out maps in key swing states, including Michigan and Wisconsin, meaning those districts will remain in place for next year’s elections. Activists fighting what they view as unfair drawing of district lines said they now must intensify their strategy of backing like-minded candidates for state Legislatures, governors, and even judicial seats to lay the groundwork for future court challenges they think might not succeed today.
Report: Election vendors are ‘prime targets,’ need oversight
AP News – Christina Cassidy | Published: 11/12/2019
The private companies that make voting equipment and build and maintain voter registration databases lack any meaningful federal oversight despite the crucial role they play in U.S. elections, leaving the nation’s electoral process vulnerable to attack, according to a new report from the Brennan Center for Justice. The report calls on Congress to establish a framework for federal certification of election vendors. The authors say this could be established as a voluntary program, similar to how voting machines are certified, with incentives for state and local election officials to use vendors that have completed the process. It would include the establishment of federal standards and the ability for federal officials to monitor compliance and address any violations.
She Inflated Her Resume and Peddled a Fake Time Cover. Trump Appointed Her to the State Department.
MSN – Reis Thebault (Washington Post) | Published: 11/12/2019
A fabricated Time cover is just one of Mina Chang’s listed accomplishments and résumé line items that has come into question after a media investigation found the Trump administration appointee embellished her work history and made misleading claims about her professional background. Chang in April joined the State Department’s Bureau of Conflict and Stabilization Operations as a deputy assistant secretary. At one point, she was up for a more senior post at the United States Agency for International Development’s Bureau for Asia, but in September, her nomination was withdrawn without explanation. It has been a persistent problem for President Trump’s administration: an apparent failure to recognize red flags when vetting potential hires and appointees.
Trump Allies Received Hundreds of Thousands of Dollars Under Federal Health Contract
Politico – Dan Diamond and Adam Cancryn | Published: 11/12/2019
At least eight former White House, presidential transition, and campaign officials for President Donald Trump were hired as outside contractors to the Department of Health and Human Services at the cost of hundreds of thousands of dollars per year. They charged up to $380 per hour for work traditionally handled by dozens of career civil servants in the Centers for Medicare and Medicaid Services’ communications department. The arrangement allowed the Trump allies to cycle through the federal government’s opaque contracting system, charging hefty fees with little public oversight or accountability.
Why Did Google Take Action Against Some Pro-Trump Ads? It’s One of the Many Mysteries of Its Political Ad Rules.
Washington Post – Tony Romm and Isaac Stanley-Becker | Published: 11/8/2019
Google took action against seven ads purchased by President Trump’s 2020 campaign recently, claiming they violated the company’s rules even though they had been viewed at least 24 million times. But Google said little else: It didn’t share a copy of the ads in question or disclose what standards they had violated. To experts, those unknowns are just two of many mysteries that demonstrate the company’s continued struggles to spot and shield users from potentially problematic political content with the 2020 presidential election a year away. Critics contend Google suffers from its own blind spots around paid political speech, which has generated nearly $124 million for the company since it began releasing its data in May 2018.
Canada
Canada – How Corporations Still Get Away with Secret Lobbying in B.C.
The Narwhal – Christopher Pollon | Published: 11/12/2019
British Columbia’s New Democratic Party has promised to clean up politics, eliminate big money campaign donations, and ferret out corporate influence – which includes Bill 54, the province’s lobbying amendment act introduced last October. But in spite of much talk and limited action, the secret lobbying of elected officials remains a common practice in British Columbia today, according to Duff Conacher, coordinator of Democracy Watch. Conacher said all of the recently announced changes, including a strengthened two-year ban on lobbying for politicians or high-level bureaucrats after leaving office, only apply to those who officially register with the Office of the Register of Lobbyists. But if someone is not being expressly paid to lobby or do less than 50 hours of in-house lobbying a year, registration is not required.
From the States and Municipalities
California – Campaign Finance and Lobbyist Registration Rules Get First Nod in Newport Beach
Los Angeles Times – Hillary Davis | Published: 11/8/2019
Newport Beach City Council candidates who knowingly accept campaign donations over the limit may be subject to removal from office under local election reforms that advanced at a recent meeting. The council gave initial approval to two ordinances – one adding a grace period for fixing violations of municipal political contribution limits, plus penalties for scofflaws, and another to establish local lobbyist registration. The lobbyist rule would require an advocate who receives at least $500 a month or works under a contingency contract to register.
California – PG&E Helped Fund the Careers of Calif. Governor and His wife. Now He Accuses the Utility of ‘Corporate Greed.’
San Francisco Chronicle – Douglas MacMillan and Neena Satija (Washington Post) | Published: 11/11/2019
California Gov. Gavin Newsom has repeatedly called out Pacific Gas and Electric (PG&E) for “corporate greed” in light of its role in the wave of wildfires in his state, but Newsom and his wife have accepted more than $700,000 from the utility, its foundation, and employees as PG&E has supported his campaigns, ballot initiatives, inauguration festivities, and Jennifer Siebel Newsom’s foundation. The payments are not unusual for PG&E, one of the most politically active companies in California state and local politics and a prolific donor to Bay Area charities. When a federal judge asked PG&E in July to explain why its political spending was “more important than replacing or repairing the aging transmission lines,” the utility said it needs to make the concerns of its employees, customers, and shareholders known to policymakers.
Colorado – Ethics Report on John Hickenlooper’s Private Jet Travel Is Released
Denver Post – Justin Wingerter | Published: 11/7/2019
Colorado’s Independent Ethics Commission released a report into former Gov. John Hickenlooper’s travel, including interview notes that show a private jet trip to Connecticut last year was paid for by a billionaire friend’s company. The report, which drew no conclusions, will be used by the ethics commission as it conducts a hearing into Hickenlooper’s travel and whether that travel violated the Colorado Constitution. The report is primarily made up of interview summations, along with documentation such as checks and travel itineraries.
Florida – Scandalous Details to Emerge in Ex-Mayor Joy Cooper’s Corruption Trial
South Florida Sun-Sentinel – Susannah Bryan | Published: 11/14/2019
The high-profile trial of Joy Cooper, the former mayor of Hallandale Beach arrested on corruption charges, has a slew of scandalous details. And the jurors chosen to serve in Cooper’s trial are likely to hear most of them. Most of those details are related to former lobbyist Alan Koslow, a star witness for the state. A flashy character who at one time boasted he was “Mr. Hollywood,” Koslow became an FBI informant tapped by the agency to ferret out public corruption in Broward County. But before all that, Koslow fell for a ruse set up by two undercover agents who went by the names Jack and Joey. They posed as out-of-town developers who wanted his help getting a high-rise project approved in Hallandale Beach. Koslow told the men he had influence with the Hallandale Beach commission and “had the vote of the mayor,” court records say.
Idaho – Whodunit in the Library: Someone keeps hiding the anti-Trump books
MSN – Mike Baker (New York Times) | Published: 11/10/2019
Someone has been hiding books in the Coeur d’Alene Public Library, those that explore politics through a progressive lens, or criticize President Trump. They wind up misfiled in out-of-the-way corners where readers will be sure not to find them. “I am going to continue hiding these books in the most obscure places I can find to keep this propaganda out of the hands of young minds,” the mystery book relocator wrote in a note left for Bette Ammon, the library director. The incidents over this past year were not the first-time books have mysteriously disappeared. For decades, Coeur d’Alene has navigated a delicate political landscape in northern Idaho, a conservative corner of the country where some have sought refuge from political and social changes elsewhere.
Illinois – Chicago Aldermen Propose Their Own Changes to City Lobbying Rules
Crain’s Chicago Business – A.D. Quig | Published: 11/13/2019
As Illinois legislators weigh ethics changes in response to federal investigations into elected officials, businesses, and lobbyists, aldermen in Chicago are lining up behind their own changes to city lobbying rules. Ald. Michele Smith, who chairs the Committee on Ethics and Government Oversight, and Ald. Matt O’Shea have introduced a ban on city council members acting as paid lobbyists and on outside elected officials lobbying on Chicago matters. So far, they have convinced a majority of the council to support the change.
Illinois – In Springfield, Family Ties Bind Lobbyists, Lawmakers
Prairie State Wire – W.J. Kennedy | Published: 11/11/2019
When he is not in Springfield, Illinois Rep. Michael J. Zalewski says he is a “health care attorney.” But he really works as a municipal lobbyist, representing client interests before local government village boards and city councils. They include Chicago, where his father, Michael R. Zalewski, served as an alderman for 23 years until he resigned this spring after his home was raided by federal authorities as part of a corruption investigation. Rep. Zalewski, questioned earlier this year about whether his side local lobbying job was appropriate, was incredulous. “I’ve acted with integrity and honor,” Zalewski said. “I’ve complied with all ethical and legal guidelines.” He is not the only one seemingly unconcerned with appearances.
Illinois – Lobbying by Sitting Illinois Lawmakers Under Scrutiny
AP News – John O’Connor | Published: 11/11/2019
A federal bribery charge against Illinois Rep. Luis Arroyo has led to questions about whether lawmakers should be allowed to lobby other units of government. Most states allow lawmakers to lobby outside state government, and Illinois is not even the least restrictive. Eighteen states, including California, have no restrictions on such lobbying. House Republicans have produced a package of legislation, including a ban on lobbying by active legislators and a revamp of annually required statements of economic interest.
Iowa – Iowa Ethics Board Looking for Leader to Succeed Megan Tooker
The Gazette – Staff | Published: 11/12/2019
The Iowa Ethics and Campaign Disclosure Board is looking for a new executive director to replace Megan Tooker. She said she is leaving in mid-December to pursue other career opportunities. Board members likely will establish a committee to screen candidates and bring one or more finalists for the board to consider.
Iowa – Steyer Aide Offered Money for Endorsements
AP News – Alexandra Jaffe | Published: 11/7/2019
A top aide to Democratic presidential candidate Tom Steyer in Iowa privately offered campaign contributions to local politicians in exchange for endorsing his White House bid, according to multiple people with direct knowledge of the conversations. The overtures from Pat Murphy, a former Iowa House speaker, are not illegal, though payments for endorsements would violate campaign finance laws if not disclosed. There is no evidence any Iowans accepted the offer or received contributions from Steyer’s campaign as compensation for their backing. Murphy has resigned from the campaign.
Kentucky – Close Election in Kentucky Was Ripe for Twitter, and an Omen for 2020
MSN – Mathew Rosenberg and Nick Corasaniti (New York Times) | Published: 11/10/2019
A few hours after polls closed in Kentucky on November 5, a Twitter user writing under the handle @Overlordkraken1 posted a message to his 19 followers saying he had “just shredded a box of Republican mail-in ballots.” It was clear the Kentucky governor’s race was going to be excruciatingly close, and the Republican incumbent, Matt Bevin, could be headed to defeat. For those eager to cry fraud as a reliably red state leaned blue, the fact that @Overlordkraken1 did not appear to be in Kentucky was not going to get in the way of a useful narrative. Kentucky is shaping up to be a case study in the real-word impact of disinformation, and a preview of what election-security officials and experts fear could unfold a year from now if the 2020 presidential election comes down to the wire.
Louisiana – Louisiana Supreme Court Justice Jefferson Hughes III Denies Payoff Allegation from Ex-Hammond Councilman
New Orleans Advocate – John Simerman | Published: 11/3/2019
Louisiana Supreme Court Justice Jefferson Hughes III acknowledges he visited a former Hammond city councilperson at his home to question him about his support for Will Crain, an appeals court jurist running for an open seat alongside Hughes on the state’s high court. Hughes also said he told the ex-councilperson, local political operative Johnny Blount, that he might find it more financially rewarding to back Hans Liljeberg, the state appeals court judge facing off against Crain in the November 16 runoff. But Hughes insisted he never offered Blount $5,000 to come out publicly for Liljeberg, an allegation Blount made in an affidavit. Blount’s affidavit prompted Richard Ducote, who lost in the primary for the Supreme Court seat and now backs Crain, to file a complaint against Hughes with the Louisiana Judiciary Commission.
Maryland – Annapolis Ethics Commission Chair Owns a Short-Term Rental Property, Says Not a Conflict of Interest
Capital Gazette – Brooks DuBose | Published: 11/13/2019
Annapolis Ethics Commission Chairperson Jim Dolezal did not disclose he operates a short-term rental property before voting with the commission to deny a request by city Ald. Elly Tierney to reconsider her recusal from a contentious debate on short-term rental legislation. The ethics panel upheld the recusal by citing a potential conflict-of-interest because Tierney owns and operates a bed and breakfast. Dolezal’s property is only available to rent during the annual U.S. Sailboat Show and Naval Academy Commissioning Week, he said. Current and proposed rental legislation specifically exempts rentals from those two events.
Massachusetts – Boston Subpoenaed by Grand Jury in Marijuana Corruption Probe
Boston Globe – Dan Adams | Published: 11/9/2019
A federal grand jury has subpoenaed the City of Boston for records of interactions between local officials and marijuana company representatives. The demand makes the city the most prominent subject yet of a wide-ranging investigation into municipal corruption by the office of U.S. Attorney Andrew Lelling, though there is no evidence prosecutors are targeting Boston in particular. One main focus of the probe is the “host community agreements” every marijuana firm must sign with the city or town where it hopes to open before it can obtain a state license. Boston so far has signed host community agreements with 14 marijuana operators; no recreational pot shops have opened in the city, though several have applications pending before the state Cannabis Control Commission.
Michigan – News Websites with Political Ties Spread Across Michigan
Governing – Malachi Barrett (MLive.com) | Published: 11/9/2019
A growing number of media organizations with ties to partisan activists are spreading in Michigan in time for the 2020 presidential election. News websites affiliated with Republican and Democratic groups have sprung up in battleground states in the last year. The websites are straightforward about their editorial agenda to varying degrees – some described themselves as watchdogs meant to replace trusted community newspapers while others clearly exhibit a partisan slant and use layouts designed to resemble conventional news organizations. “There’s never been a more difficult time for information consumers than the time we’re in right now,” said Kathleen Bartzen, director of the Center for Journalism Ethics at the University of Wisconsin.
New York – Developer Pays $10K to Settle De Blasio Dubious Donation Case
The City – Greg Smith | Published: 11/13/2019
Douglaston Development will pay $10,000 to end an investigation into a contribution by the company to New York City Mayor Bill de Blasio’s now defunct nonprofit, Campaign for One New York. The Joint Commission on Public Ethics (JCOPE) previously reached settlements with three other major developers the mayor had solicited for donations. Entities that are lobbying City Hall for favorable treatment are prohibited from giving gifts to public officials or to third parties designated by a public official. JCOPE was looking at the donations to DeBlasio’s nonprofit as illegal gifts.
New York – Inspector General Probed Ethics Panel’s Alleged Leak to Cuomo
Albany Times Union – Brendan Lyons | Published: 11/13/2019
New York Gov. Andrew Cuomo was allegedly briefed on the details of a closed-door vote by the Joint Commission on Public Ethics (JCOPE) last January, around the time the panel voted on whether to investigate Joseph Percoco, a former top aide to the governor. The allegation – that someone in JCOPE may have illegally informed the governor or his staff about the voting breakdown of the panel’s non-public decision – was secretly investigated by the state inspector general’s office between January and October 4, when the inspector general sent a letter to JCOPE stating its investigation had been unable to substantiate the complaint. The apparent breach of JCOPE’s bylaws was revealed when Cuomo allegedly contacted Assembly Speaker Carl Heastie almost immediately following the commission’s January meeting and expressed concerns about the votes of the speaker’s appointees to JCOPE.
New York – Under Proposal, Taxpayer Funds Could Match Big Campaign Donations
Albany Times Union – Chris Bragg | Published: 11/13/2019
The plans of a commission charged with rewriting New York’s campaign finance rules quickly drew criticism from advocates who had hoped the panel would reduce the role of big money in state politics. The Public Campaign Finance Commission voted to preliminarily adopt new donation limits for elections for the state Assembly and Senate. While those limits would be about half the current maximum amounts in New York, they would still be quite high by the standards of elections outside the state. “They’re simply reducing the limits from being astronomical to being sky-high,” said Alex Camarda, senior policy advisor at the government reform group Reinvent Albany.
Oregon – Oregon to Launch Statewide Procurement Marketplace in 2020
Governing – Andrew Westrope (Government Technology) | Published: 11/9/2019
Oregon has contracted with Periscope Holdings, a developer of e-procurement systems, to create a new statewide procurement platform, OregonBuys, set to launch in 2020. Based on the company’s BuySpeed e-procurement system, OregonBuys will standardize the procurement process across all state agencies, automate some of the associated tasks, and track and manage government purchases of goods and services.
Pennsylvania – FBI Eyes How Pennsylvania Approved Pipeline
AP News – Marc Levy | Published: 11/12/2019
The FBI has begun a corruption investigation into how Gov. Tom Wolf’s administration came to issue permits for construction on a multibillion-dollar pipeline project to carry highly volatile natural gas liquids across Pennsylvania. FBI agents have interviewed current or former state employees about the Mariner East project and the construction permits, according to three people who have direct knowledge of the agents’ line of questioning. The focus of the agents’ questions involves the permitting of the pipeline, whether Wolf and his administration forced environmental protection staff to approve construction permits and whether Wolf or his administration received anything in return, those people say.
Tennessee – State Panel Questions Recent Ruling to Lower Jeremy Durham’s Campaign Finance Penalty, Calls for New Hearing
The Tennessean – Joel Ebert | Published: 11/13/2019
Campaign finance officials in Tennessee are rejecting an administrative law judge’s ruling to reduce a record-setting fine against former state Rep. Jeremy Durham. The Registry of Election Finance concurred with a recommendation from Bill Young, executive director of the Bureau of Ethics and Finance, to hold a hearing to consider Durham’s case again. The issue dates back to a $465,000 fine the registry levied against Durham in 2017, after an audit found he violated state campaign finance law hundreds of times, including by using donors’ money to buy custom suits and sunglasses. Administrative Law Judge Steve Darnell said the registry’s initial civil penalty was excessive, noted the broadness of the state’s campaign finance laws, and placed the burden of proof on auditors to determine if Durham’s questionable expenditures were illegal. Darnell said the fine should be reduced to $110,000.
Texas – Campaign Contribution Limits Going Up
Austin Monitor – Jo Clifford | Published: 11/12/2019
Austin voters approved new campaign finance regulations in 1997 that limit the amount an individual can give to each candidate. City Clerk Jannette Goodall announced that the amount has risen from $350 to $400. “The limits are increasing for the first time in a number of years based on the Department of Labor’s Consumer Price Index,” Goodall said. In addition, candidates will now be allowed to collect $38,000, rather than $37,000, “from sources other than natural persons eligible to vote in a postal ZIP code completely or partially within the (city of Austin) limits.”
Texas – Dallas Mayor Taps Attorney Tim Powers as Ethics Czar, Promises ‘Teeth’ to City Code
Dallas Morning News – Hayat Norimine | Published: 11/8/2019
Dallas Mayor Eric Johnson carried out an inaugural promise to pick an ethics czar to rewrite the city’s ethics code. Johnson announced that Tim Powers, a managing partner at the law firm Haynes and Boone LLP who has been chairperson of the Ethics Advisory Commission for a few months, will lead a working group that would scrutinize the ethics code and recommend changes. Johnson said he wants the city council to vote on the recommendations by June.
Texas – Top Texas GOP Donor Resigns from Company After Admitting to Prohibited Contributions
Texas Tribune – Patrick Svitek | Published: 11/7/2019
James Dannenbaum, a prolific Republican donor and former University of Texas regent, is resigning from his namesake engineering company after admitting to coordinating illegal campaign contributions in 2017. Dannenbaum, the chief executive officer of Dannenbaum Engineering, was charged with recruiting employees to donate over $20,000 to three congressional candidates in February 2017 and then reimbursing them with corporate funds. It is a felony to set up such conduit donations, which typically happen when the offender has already given the maximum amount to campaigns, which was $2,700 per election last cycle.
Virginia – In Virginia, Republicans Confront a Fearful Electoral Future
Houston Chronicle – Gregory Schneider and Michael Scherer (Washington Post) | Published: 11/8/2019
The November 5 elections revealed new troubles for the Republican Party in suburbs from Memphis to Philadelphia. Nowhere has the problem been more pronounced than in Virginia, where Republicans have been all but wiped from power in the past decade. Virginia now stands as a fearful avatar for Republicans of what the nation’s unrelenting demographic and cultural changes mean for the party, as the moderate-to-liberal urban and suburban areas grow and more conservative rural areas lose ground. Similar shifts are starting to hit such states as North Carolina, Arizona, Georgia, and Texas, as minority populations increase and white college-educated voters continue to turn away from the GOP brand.
Washington – After Massive Spending, Fight Rages on for Bill to Curb Seattle PAC Money
MyNorthwest.com – Nick Bowman | Published: 11/11/2019
On the heels of sizable corporate spending in Seattle’s city council races, Councilperson Lorena Gonzalez is continuing to fight for legislation to curb that spending in future elections. Her bill will look to curb political spending in Seattle elections in three ways: prohibiting donations from foreign-owned companies; limiting contributions from individuals to independent expenditure committees to $5,000 each; and clarifying reporting requirements for commercial advertisers running paid political ads.
Washington DC – D.C. Lawmaker Jack Evans Owned Bank Stock While Pushing Bill Favored by Bank
Washington Post – Fenit Nirappil and Steve Thompson | Published: 11/9/2019
When District of Columbia Council member Jack Evans proposed a bill in 2011 that would have shifted more city government deposits into local banks, he told a business journal he got the idea from EagleBank, one of a few institutions that would have benefited. What Evans never made public was that he held stock in EagleBank worth tens of thousands of dollars. Evans’ financial interest in EagleBank was among the revelations in a recent report from an ethics investigation. In the fallout from the report, nearly every other member of the council has publicly or privately urged Evans, the city’s longest serving lawmaker, to resign. Evans’ relationship with EagleBank has also attracted the interest of federal prosecutors.
Wisconsin – Lawsuit Could Deactivate 234,000 Voters in Wisconsin
AP News – Scott Bauer | Published: 11/13/2019
More than 234,000 voters in Wisconsin would be made unable to cast their ballot unless they register again before the next election under a lawsuit that liberals fear could dampen turnout among Democrats in the 2020 presidential race. The lawsuit could affect how many voters are able to cast ballots in both the April presidential primary and November 2020 general election in Wisconsin, a key swing state that both sides are targeting. President Trump narrowly won the state by less than 23,000 votes in 2016.
November 14, 2019 •
Bevin Concedes Kentucky Governor’s Race
![Bevin Concedes Kentucky Governor’s Race](https://stateandfed.com/wp-content/uploads/2019/11/Bevin-Beshear-1-1000x563.jpg)
Gov. Matt Bevin and Attorney General Andy Beshear
Gov. Matt Bevin conceded defeat after a recanvass of last week’s gubernatorial election results showed he was still trailing Andy Beshear by more than 5,000 votes. During his announcement, Bevin stated he would not contest the results of the election. […]
Gov. Matt Bevin conceded defeat after a recanvass of last week’s gubernatorial election results showed he was still trailing Andy Beshear by more than 5,000 votes.
During his announcement, Bevin stated he would not contest the results of the election.
Beshear will be sworn into office on December 10, 2019.
November 14, 2019 •
Thursday’s LobbyComply News Roundup
![Thursday’s LobbyComply News Roundup](https://stateandfed.com/wp-content/uploads/2018/05/LCNR-scaled-e1662492841233-1000x563.jpg)
Elections National: “Founder’s Presidential Bid Puts Bloomberg News in Spotlight” by Joe Concha for The Hill Wisconsin: “Lawsuit Could Deactivate 234,000 Voters in Wisconsin” by Scott Bauer for AP News Ethics National: “She Inflated Her Resume and Peddled a Fake […]
Elections
National: “Founder’s Presidential Bid Puts Bloomberg News in Spotlight” by Joe Concha for The Hill
Wisconsin: “Lawsuit Could Deactivate 234,000 Voters in Wisconsin” by Scott Bauer for AP News
Ethics
National: “She Inflated Her Resume and Peddled a Fake Time Cover. Trump Appointed Her to the State Department.” by Reis Thebault (Washington Post) for MSN
National: “New Testimony Ties Trump More Directly to Ukraine Pressure Campaign” by Elise Viebeck (Washington Post) for MSN
Iowa: “Iowa Ethics Board Looking for Leader to Succeed Megan Tooker” by Staff for The Gazette
Maryland: “Annapolis Ethics Commission Chair Owns a Short-Term Rental Property, Says Not a Conflict of Interest” by Brooks DuBose for Capital Gazette
Pennsylvania: “FBI Eyes How Pennsylvania Approved Pipeline” by Marc Levy for AP News
Lobbying
Canada: “How Corporations Still Get Away with Secret Lobbying in B.C.” by Christopher Pollon for The Narwhal
Illinois: “Chicago Aldermen Propose Their Own Changes to City Lobbying Rules” by A.D. Quig for Crain’s Chicago Business
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