November 13, 2019 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “Ban Political Ads on Facebook? Upstart, Anti-Trump Candidates Object.” by Isaac Stanley-Becker for San Francisco Chronicle California: “PG&E Helped Fund the Careers of Calif. Governor and His wife. Now He Accuses the Utility of ‘Corporate Greed.’” by […]

November 12, 2019 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance Iowa: “Steyer Aide Offered Money for Endorsements” by Alexandra Jaffe for AP News Texas: “Top Texas GOP Donor Resigns from Company After Admitting to Prohibited Contributions” by Patrick Svitek for Texas Tribune Elections National: “Why Did Google Take […]

November 11, 2019 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance New York: “Cuomo’s Move to Toughen N.Y. Campaign-Finance Laws Stirs Doubts” by Henry Goldman (Bloomberg) for Connecticut Post Elections Kentucky: “Close Election in Kentucky Was Ripe for Twitter, and an Omen for 2020” by Mathew Rosenberg and Nick […]

November 8, 2019 • Written by Mario Dalessandro

Kentucky Governor’s Race Could Be Decided by State Legislature

Gov. Matt Bevin and Attorney General Andy Beshear

Kentucky Senate President Robert Stivers created more election controversy, stating the legislature could decide the hotly contested governor’s race. The comments came shortly after Gov. Matt Bevin refused to concede to Attorney General Andy Beshear, who led by roughly 5,100 […]

November 8, 2019 • Written by Mario Dalessandro

California State Senator Resigns After Accepting Department of Labor Appointment

California State Capitol Building - Jeff Turner

Sen. Jeff Stone resigned from Senate District 28 on November 1 to accept an appointment as the U.S. Department of Labor’s western regional director. Gov. Gavin Newsom must call a special election within 14 days of the vacancy to fill […]

November 8, 2019 • Written by Jim Sedor

News You Can Use Digest – November 8, 2019

National/Federal A Conspiracy of Hunches: Roger Stone trial set to start this week San Francisco Chronicle – Devlin Barrett, Spencer Hsu, and Manuel Roig-Franzia (Washington Post) | Published: 11/4/2019 Roger Stone is on trial in federal court, where prosecutors plan to […]

National/Federal

A Conspiracy of Hunches: Roger Stone trial set to start this week
San Francisco Chronicle – Devlin Barrett, Spencer Hsu, and Manuel Roig-Franzia (Washington Post) | Published: 11/4/2019

Roger Stone is on trial in federal court, where prosecutors plan to dive back into an episode of political chicanery, alleged lies, and conspiratorial texts that parallels the nascent impeachment inquiry into his longtime friend President Trump. Stone has long cultivated a public image as a dirty trickster on the edges of mainstream politics. He has been charged with lying to Congress and trying to tamper with a witness during a congressional investigation into interference in the 2016 election. His trial offers the possibility of fresh insights into the strange quest by some in Trump’s orbit for a kind of political kryptonite to use against Hillary Clinton – secret emails that would, they hoped, destroy her candidacy.

Advocacy Groups Fear Impact of Twitter Political Ad Ban
The Hill – Alex Gangitano | Published: 11/1/2019

Advocacy groups and trade associations are worried that Twitter’s decision to ban all political advertisements could hurt their efforts to use digital marketing to promote their issues. One source told The Hill the Twitter announcement sent “shock waves” through public affairs professionals in Washington, D.C. While Twitter is still working to finalize its rules, the changes are likely to force those groups to rework how they speak to elected officials, stakeholders, and the public through social media. There are still many questions about the scope of Twitter’s ban. Some asked how Twitter will deal with companies who are politically active.

As Trump Moves to Bully Witnesses and Derail Impeachment, Democrats See Obstruction
Anchorage Daily News – Phillip Rucker, Rachael Bade, and Roisalind Helderman (Washington Post) | Published: 11/1/2019

The centerpiece of House Democrats’ eventual impeachment charges is widely expected to be President Trump’s alleged abuse of power over Ukraine. But obstruction of Congress is now all but certain to be introduced as well, just as it was five decades ago when the House Judiciary Committee voted for articles of impeachment against then-President Richard Nixon. Democrats argue the Trump administration’s stonewalling –including trying to stop subpoenaed witnesses from testifying and blocking the executive branch from turning over documents – creates a strong case the president has infringed on the separation of powers and undercut lawmakers’ oversight duties as laid out in the Constitution.

Giuliani: I never lobbied or represented foreigners
Roll Call – Kate Ackley | Published: 10/31/2019

Rudolph Giuliani, who spent more than a dozen years with two well-known K Street firms, has deep ties to the influence industry. The former New York mayor logged a decade with the law and lobbying firm then known as Bracewell & Giuliani and a two-year stint after that with Greenberg Traurig. Giuliani never registered to lobby and has never disclosed work as a foreign agent, though it is his international portfolio that has generated attention from federal prosecutors. Though Bracewell appears not to have registered to do foreign influence work, Giuliani’s name appears in Foreign Agent Registration Act filings during his time there.

Higher Earning ‘Elite’ Political Lobbyists Overstate Their Own Achievements, Study Shows
Phys.org – University of Exeter | Published: 11/6/2019

Research from the University of Exeter in the United Kingdom shows high-earning lobbyists living in Washington, D.C. with congressional experience, and who engage in a broader range of activities, were more likely than other lobbyists to inflate their success. Lobbyists who have a smaller salary and work in specialist areas or for public interest groups are less overconfident, or even underestimate their success. Researchers said this suggests overconfidence can help lobbyists make connections with important people but does not necessarily lead to them being able to influence policies. The research examined whether a lobbyist’s perception of their own success was accurate, compared to legislative outcomes, and if their measure of their own success was in line with other lobbyists who worked on the same issues.

Inside Adam Schiff’s Impeachment Game Plan
MSN – Adam Zengerle (New York Times) | Published: 11/5/2019

After Speaker Nancy Pelosi announced the House was moving forward with an “official impeachment inquiry,” she said U.S. Rep. Adam Schiff would be leading the investigation. Schiff’s initial reluctance to pursue impeachment, paradoxically, has made him a particularly effective advocate for it in the past month. In his interviews and news conferences, he strikes a more-in-sorrow-than-in-anger tone, in keeping with Pelosi’s interest in presenting impeachment as a “prayerful, solemn, difficult” process. Schiff has come to occupy a unique and privileged place in the Democratic firmament. His Ukraine investigation has now been invested with all the hopes and dreams that Democrats once placed in the special prosecutor Robert Mueller’s Russia probe. In Schiff, Democrats believe they have found a more reliable vessel than Mueller and an opportunity for a do-over of sorts.

K Street’s Newest Star Built Business on Dubious Claims of Trump Ties
Laredo Morning Times – Beth Reinhard and Jonathan O’Connell (Washington Post) | Published: 11/1/2019

Since President Trump took office, the lobbyist Michael Esposito has been wildly successful, turning a family business that once focused on municipal transportation issues into one of the fastest-growing lobbying firms in Washington, D.C. Fueling that rise, at least in part, are Esposito’s claims that he is uniquely positioned: a former Capitol Hill staffer who is close to centers of power in the Trump administration. Some of those very people, however, said Esposito’s claims are greatly embellished, or simply not true. Esposito, whose firm says it employs a half-dozen other lobbyists, some of whom have White House and congressional experience, said his clients had scrutinized his record and would have detected any falsehoods.

Lobbyists’ Revolving Door Leads Back to Capitol Hill Jobs
Bloomberg Government – Megan Wilson | Published: 11/5/2019

More than 100 staff members traded in jobs with high-paying K Street firms, corporations, trade associations, or nonprofits for long hours on Capitol Hill beset by partisan brawls and legislative gridlock. Nearly 60 percent of the 110 people who have moved to the Hill from the influence industry since the midterm election went to work for House Democrats, a likely result of the flurry of new jobs available after the party regained control of the chamber. Republican offices in both the House and Senate hired 31 ex-lobbyists, or 28 percent of the total number who moved over. Some say they are doing it out of a desire to be in public service or because they have a longtime loyalty to their congressional bosses. Congress has made no conflict-of-interest rules limiting the interactions of lobbyists returning to Capitol Hill.

Sondland Updates Impeachment Testimony, Describing Ukraine Quid Pro Quo
MSN – Michael Schmidt (New York Times) | Published: 11/5/2019

A critical witness in the impeachment inquiry offered Congress substantial new testimony, revealing he told a top Ukrainian official that the country likely would not receive American military aid unless it publicly committed to investigations President Trump wanted. The disclosure from Gordon Sondland, the U.S. ambassador to the European Union, in four new pages of sworn testimony, confirmed his involvement in laying out a quid pro quo to Ukraine that he had previously not acknowledged. The issue is at the heart of the impeachment investigation into Trump, which turns on the allegation the president abused his power to extract political favors from a foreign power. Trump has consistently maintained that he did nothing wrong and that there was no quid pro quo with Ukraine.

The Hottest Stop for Candidates on the 2020 Campaign Trail? The Picket Line.
Washington Post – Eli Rosenberg | Published: 11/2/2019

The road to the presidential nomination next year is sure to be full of unforeseen twists and potholes as a crowded field of Democratic contenders dukes it out in a volatile political climate. But about a year into their race, one thing is clear: It leads through a thicket of striking workers, in a number of states, whether they are in front of a grocery store, an automotive factory, or an elementary school. This push comes as they try to dislodge some of the support President Trump has found in states that have lost tens of thousands of union jobs in recent years, including Wisconsin, Michigan, and Pennsylvania. Political observers said the rush by 2020 hopefuls to embrace striking workers marks a new chapter, although unions have been nominally aligned with Democratic politicians on and off for years.

The Messy Politics of Voter Purges
Pew Charitable Trusts – Matt Vasilogambros (Stateline) | Published: 10/25/2019

With a year until the 2020 presidential election, many states are still crafting ballot access policies that will shape their electorate. Decisions about voter list maintenance, one of the most essential bureaucratic duties of state election officials, received intense scrutiny in several states this year. While federal law mandates a certain level of voter roll maintenance, states differ on how they manage their registration databases. Most state officials are just trying to keep voter lists clean, said David Becker, executive director and founder of the Center for Election Innovation and Research. Inevitably, however, dropping voters from the rolls inspires forceful political pushback, as many voting rights activists fear it is a form of voter suppression.

Trump Lures GOP Senators on Impeachment with Cold Cash
Politico – Alex Isenstadt | Published: 10/31/2019

President Trump is rewarding senators who have his back on impeachment and sending a message to those who do not to get on board. Trump is tapping his vast fundraising network for a handful of loyal senators facing tough reelection bids in 2020. Each of them has signed onto a Republican-backed resolution condemning the inquiry as “unprecedented and undemocratic.” Republican senators on the ballot next year are lagging in fundraising, stoking uncertainty about the GOP’s hold on the chamber, and could use the fundraising might of the president. Trump’s political operation has raked in over $300 million this year.

Trump Wanted Barr to Hold News Conference Saying the President Broke No Laws in Call with Ukrainian Leader
MSN – Matt Zapotosky, Josh Dawsey, and Carol Leonnig (Washington Post) | Published: 11/6/2019

President Trump wanted Attorney General William Barr to hold a news conference declaring that the president had broken no laws during a phone call in which he pressed his Ukrainian counterpart to investigate a political rival, though Barr ultimately declined to do so, people familiar with the matter said. The request from Trump traveled from him to other White House officials and eventually to the Justice Department. The president has mentioned Barr’s demurral to associates in recent weeks, saying he wished Barr would have held the news conference, Trump advisers say. Those close to the administration concede the department has made several recent maneuvers putting it at odds with the White House at a particularly precarious time for Trump.

Canada

Canada – Alberta Businessman, Company Fined $25,000 Over Donations to Jeff Callaway Campaign
Globe and Mail – James Keller | Published: 11/4/2019

Alberta’s election commissioner fined a Calgary businessperson and a company he controls over allegations they illegally gave $60,000 to a failed contender for the leadership of the provincial United Conservative Party (UCP), who then used that money to reimburse straw donors to his campaign. Robyn Lore and Agropyron Enterprises were fined a combined total of $25,000 for their involvement in Jeff Callaway’s UCP leadership campaign in 2017. The elections commissioner has issued more than $200,000 in fines, including to many of Callaway’s donors and several members of his staff as part of an investigation into how the campaign was financed.

Canada – ‘Deep State’ Lobbying a Growing Tactic of Fossil Fuel Industry, Report Finds
The Narwhal – Sharon Riley | Published: 11/5/2019

Since Canadian Prime Minister Justin Trudeau’s took office in 2015, lobbyists in Ottawa have focused more attention on the nation’s bureaucrats, rather than elected office holders, representing what one researcher is calling a troubling “fusion of private interest and public bodies.” A new report from the Corporate Mapping Project documents the reach of the fossil fuel industry when it comes to lobbying the federal government, raising red flags about what it calls a “troubling shift in lobbying patterns.” The report’s findings suggest industry lobbyists are increasingly focusing on developing closer, long-term relationships with federal bureaucrats rather than elected officials.

From the States and Municipalities

Alaska – Anchorage Judge Orders Alaska Campaign Contribution Limit to Be Reinstated
KTUU – Sean Maguire | Published: 11/6/2019

A Superior Court judge in Anchorage issued a ruling that may hobble the independent expenditure groups that have come to dominate elections in Alaska. Judge William Morse said the Alaska Public Office Commission (APOC) should reinstate the $500 annual per-person contribution limit to PACs that is in state law. APOC stopped enforcing it following the U.S. Supreme Court decision in the case of Citizens United v. Federal Election Commission. Harrow says APOC went too far in its interpretation.

Arkansas – Indictment Says Couple Bought Legislation Tweaks
Arkansas Democrat Gazette – Eric Besson | Published: 11/7/2019

Former executives of the nonprofit at the heart of a sweeping federal political corruption probe in Arkansas face new wire-fraud charges after a federal grand jury produced a fresh allegation involving former state Sen. Jeremy Hutchinson. He pleaded guilty to accepting bribes in connection to payments made by a nonprofit run by the married couple, Bontiea and Tom Goss. The new indictment says Hutchinson added language, at Bontiea Goss’ request, to a Senate bill he sponsored. The language, which remained when the bill became law, helped the Gosses’ nonprofit “because it provided an advantage to the charity when competing for valuable [Arkansas] contracts,” the indictment says. The aim was to help the firm win approval to create a “pay-for-success program.”

California – Donations to Anderson’s 2020 County Supervisor Campaign Draw Questions
San Diego Union-Tribune – Jeff McDonald | Published: 11/4/2019

Ten years ago, when he was a California Assembly member, Joel Anderson was the subject of an investigation into questionable campaign contributions that ended with election regulators fining him $20,000 and the legislator admitting he made a mistake. Now running for a seat on the San Diego County Board of Supervisors, Anderson is under a new investigation involving more recent contributions by some of the same donors from a decade ago. Anderson set up two different campaign committees for the 2020 race, the first nearly five years ago and the second in April 2016. Campaign records show the two committees accepted contributions from at least 11 people who, when their donations are combined, exceeded the county limit of $850 per individual contribution for primary and general elections.

California – SF Voters Pass Prop. F, the ‘Sunlight on Dark Money’ Measure
San Francisco Chronicle – Trisha Thandani | Published: 11/5/2019

A San Francisco ballot measure intended to increase the transparency of who pays for campaign ads won easily on November 5. The passage of Proposition F, called “Sunlight on Dark Money,” means campaigns will be forced to more prominently disclose who donates money to a cause. Proposition F is targeted at independent PACs, which can raise an unlimited amount of money from corporations, unions, and individuals. Those committees can then donate to individual candidate committees, which makes it less obvious who is behind the contributions.

California – Travel, Furniture, ‘Lavish’ Meals: Nonprofit head misspent $1.7 million, filing alleges
Los Angeles Times – David Zahniser | Published: 11/6/2019

The former head of the Los Angeles-based anti-poverty nonprofit Youth Policy Institute improperly used the organization’s funds to pay the property taxes on his house, buy furniture for his home office, and make national political donations, the group alleged in court documents. Dixon Slingerland, who was fired as the group’s chief executive in September, spent the nonprofit’s money on an array of unauthorized and personal expenses, including private tutoring for his children, contributions to his wife’s pension, and “lavish” dining, travel, and entertainment, according to a bankruptcy filing lodged by the nonprofit.

Florida – A Library Wanted a New York Times Subscription. Officials Refused, Citing Trump and ‘Fake News.’
MSN – Antonia Noori Farzan (Washington Post) | Published: 11/5/2019

The board of commissioners in Citrus County, Florida, said it will no longer pay for the county library’s digital subscription to The New York Times, with one commissioner citing President Trump’s claim that the newspaper’s reporting was “fake news” as justifying the decision. On the same day the commissioners met, the White House said it was planning to order that federal agencies end their subscriptions to The Times and the Washington Post, two news outlets often criticized by Trump. “Someone’s personal political view does not have a place in deciding what library resources are available for the entire county,” said Sandy Price, chairperson of the library’s board. “Libraries have to ensure all points of view are represented.”

Georgia – DeKalb County Voters Reject Ballot Referendum to Restructure Ethics Board
Emory Wheel – Ninad Kulkarni | Published: 11/6/2019

A ballot referendum to restructure the DeKalb County Ethics Board failed to pass. The referendum proposed the establishment of a new ethics board for the county and replaced the position of ethics officer with an “ethics administrator.” DeKalb County legislators can vote on a new bill in the 2020 legislative session to address the ethics board. County residents in 2015 voted to make the ethics board more independent and to allow outside groups to appoint a majority of the board members, according to The Atlanta Journal-Constitution. The ethics board had not been functional since a 2018 Georgia Supreme Court ruling mandated that a majority of the members must be appointed by public officials.

Illinois – Pritzker Promises Lobbying Reforms as ‘Small Start’ to End Corrupt ‘Old Way of Doing Politics’
Chicago Sun-Times – Staff | Published: 11/6/2019

Vowing to help lift the cloud of “pay-to-play” politics over Illinois, Gov. J.B. Pritzker told Cook County Democrats he plans to help craft legislation that would shed more light on lobbyists as the first in “a series of ethics reforms that are frankly long overdue.” Expressing his anger over corruption has become a recurring theme for the governor as a sprawling federal investigation ensnares state legislators, Chicago aldermen, and county officials. After general vows to help “root” out illegal activity, Pritzker pledged to take the first step in the upcoming fall veto session.

Illinois – Rep. Luis Arroyo Resigns After Being Charged with Bribery
Chicago Tribune – Dan Petrella and Jamie Munks | Published: 11/1/2019

State Rep. Luis Arroyo resigned from the Illinois House, one week after being arrested on a federal bribery charge. His resignation came hours before a legislative committee was set to meet to consider his ouster. Arroyo is accused of paying a bribe to a state senator in exchange for support of a gambling bill that would have benefited a lobbying client of Arroyo’s. His arrest followed a federal raid on the Capitol office of Sen. Martin Sandoval in September and the indictment of Sen. Thomas Cullerton in August on embezzlement charges in connection with an alleged union ghost payrolling scheme.

Kansas – Fight Over $70M Kansas Prison Health Care Contract Turns Bitter Amid Ethics Concerns
Wichita Eagle – Jonathan Shorman | Published: 11/5/2019

The Tennessee company criticized for providing substandard medical care to Kansas’s 10,000 prison inmates now finds itself at the center of fresh controversy over the future of its $70 million-plus annual contract. Corizon Health alleges the Kansas Department of Corrections put the massive prison health care contract up for bid in a way that eases the path for a competitor who employs the former head of the corrections system. At the same time, a top official in Gov. Laura Kelly’s administration said a Corizon executive made political threats against the current leader of the Department of Corrections over the contract.

Kentucky – Kentucky Outcome Embarrasses Trump and Worries Many Republicans Ahead of 2020
MSN – Robert Costa (Washington Post) | Published: 11/6/2019

Democrats’ claim of victory in Kentucky’s gubernatorial race, as well as the Democratic takeover of the Virginia Legislature, left Republicans stumbling and increasingly uncertain about their own political fates next year tied to an embattled and unpopular president. Many allies of President Trump rushed to explain away the poor performance of incumbent Kentucky Gov. Matt Bevin as an anomaly, while other GOP veterans expressed alarm about the party’s failure in a state where Trump won by nearly 30 percentage points in 2016. Bevin’s attempt to nationalize his cause by stoking conservative grievances about the impeachment process was not enough to overcome his problems nor was Trump’s raucous rally for the governor, raising questions about Trump’s political strength as he faces a barrage of challenges and a difficult path to reelection.

Maine – Vacancy on State Ethics Panel Poses Election-Year Risks
Portland Press Herald – Scott Thistle | Published: 11/3/2019

Leaders of the Maine Legislature have yet to fill a seat that opened on the state ethics board 19 months ago, leaving the public’s only watchdog for campaign finance accountability in a weakened state as candidates begin collecting cash for the next election. Only five people serve on the Maine Commission on Governmental Ethics and Election Practices, and by law no more than two members can belong to the same political party. As a result, one of the seats is usually held by an independent. The last independent commissioner stepped down in March 2018, leaving decisions in the hands of four commissioners who must set aside party loyalties – and who face no prohibition on making political donations themselves.

Missouri – Federal Appeals Court Says Missouri Lobbying Rules Don’t Apply to Activist
St. Louis Post-Dispatch – Erin Heffernan | Published: 11/3/2019

The Eighth U.S. Circuit Court of Appeals ruled that requiring Ron Calzone to sign up as a lobbyist in Missouri unjustly limits his First Amendment rights because he is not paid to press his views with members of the state Legislature and offers them nothing of value. The ruling overturned a decision by a three-judge panel of the same court. That panel had declared the Missouri Ethics Commission could require Calzone to register in the name of transparency and preventing corruption. Calzone, the president and sole officer of the nonprofit Missouri First organization, frequently speaks to lawmakers at the Capitol, often at public hearings. But he says he does not buy food or gifts for legislators.

Nevada – Group Seeks to End Gerrymandering with Independent Commission
Las Vega Review-Journal – Colton Lochhead | Published: 11/4/2019

A group looking to end partisan gerrymandering in Nevada is taking the issue to the voters in hopes of creating a bipartisan independent commission to draw political boundaries in the state instead of lawmakers. The League of Women Voters Nevada is expected to file a constitutional amendment with the secretary of state that, if approved by voters in 2020 and again in 2022, would create a commission that would have the sole authority to draw state legislative and congressional boundaries. According to the description of the proposal, the commission would ensure that districts have roughly equal populations, are “geographically compact and contiguous,” provide equal opportunities for minorities to participate in the process, and do not give an unwarranted advantage to one political party.

New York – Council Approves Fine, Suspension and Monitor for Andy King
Politico – Joe Anuta | Published: 10/28/2019

The New York City Council voted to level the most severe punishment in the panel’s history against Andy King, who was found by investigators to have misused council resources and then retaliated against staff members who he thought were cooperating with the ensuing probe. King’s colleagues voted to suspend him for 30 days, install a monitor for the remainder of his term, fine him $15,000, and strip him of his committee assignments. In addition, staffers who were pressured by King to leave would be allowed to return to work, employees would not be required to chauffeur King around in their personal vehicles without compensation, and King’s wife, an employee of the Service Employees International Union, would be prohibited from conducting council business.

New York – Trump Taxes: Appeals court rules president must turn over 8 years of tax returns
MSN – Benjamin Weiser (New York Times) | Published: 11/4/2019

A federal appeals court ruled President Trump cannot block the Manhattan district attorney’s office from subpoenaing his accounting firm for tax returns and financial records, delivering a blow to the president’s claim that he is immune to criminal investigations. But the court noted they were not ruling on all of the sweeping assertions of immunity the president’s lawyers have claimed. During a hearing before the panel, Trump’s personal lawyer had argued that a sitting president enjoys blanket immunity from criminal prosecution and even investigations while in office. The president’s legal team has already made clear that they intend to bring their case to the U.S. Supreme Court.

North Carolina – Is Dan Forest Owed $80,000 in Damages Over a 2012 Political Ad?
Raleigh News and Observer – Will Doran | Published: 11/4/2019

A group that lobbies for state employees could have to pay North Carolina Lt. Gov. Dan Forest nearly $80,000 because of a campaign finance violation from 2012. The North Carolina Supreme Court heard arguments on both sides of that debate recently, years after Forest’s political committee first sued the political arm of the State Employees Association of North Carolina, which is known as EMPAC, The dispute involves political ads and a since-repealed state law that said political ads had to include a large photograph of either the treasurer or chief executive of the group paying for it. Forest claims he is owed $78,000 in damages, even though he won the 2012 election and went on to serve two terms as lieutenant governor. EMPAC says even if there were technical violations in the ads, it should not have to pay Forest any money because he cannot prove he was harmed.

North Carolina – Senate Leader Using Campaign Cash to Buy Raleigh Home
WRAL – Travis Fain | Published: 11/6/2019

Senate Majority Leader Phil Berger’s campaign is buying him a home in Raleigh, and the State Board of Elections told him that is allowed under North Carolina’s campaign finance law. Berger’s campaign has paid at least $55,000 to a company he created called YPD Properties LLC. YPD is a property management company, and it appears to be a pass-through entity for campaign rent payments that ultimately pay the mortgage for a townhome that Berger and his wife bought in May of 2016. Watchdog Bob Hall filed a formal complaint with the elections board, which enforces campaign finance rules. While others use campaign money to rent apartments or pay hotel bills, Hall said this is different because Berger’s buying an appreciating asset.

Tennessee – Judge Orders State Officials to Reduce Jeremy Durham’s Record-Setting Campaign Finance Penalty to $110,000
The Tennessean – Joel Ebert | Published: 11/4/2019

Administrative Law Judge Steve Darnell said former state Rep. Jeremy Durham’s fine of $465,000 for violating Tennessee’s campaign finance law should be reduced to $110,000. The initial fine was the single-largest civil penalty ever assessed by the Registry of Election Finance. Darnell wrote that the Legislature did not “give the registry an unbridled right to dole out civil penalties.” The judge pointed to legal precedent while saying prohibitions on excess civil penalties are covered by the U.S. Constitution. The ruling could further undermine the statute, giving lawmakers, many of whom spend donors’ money in in questionable ways, even more latitude.

Tennessee – State Sen. Brian Kelsey Faces Federal Probe Over Complicated Trail of Campaign Donations, Current and Former Lawmakers Say
The Tennessean – Joel Ebert and Adam Tamburin | Published: 11/5/2019

Tennessee Sen. Brian Kelsey is the subject of a grand jury probe into a complicated money trail related to his failed congressional bid in 2016. The investigation comes more than two years after The Tennessean reported unusual interactions between Kelsey’s state campaign account, a private Nashville club with a PAC, a federal advocacy organization, and the senator’s congressional bid. In a Campaign Legal Center complaint, the group accused Kelsey of violating straw donor prohibitions by purportedly orchestrating the money trail from his state campaign account to the American Conservative Union. He may have also violated straw donor laws when he gave campaign contributions to lawmakers who provided donations to his federal campaign.

Texas – Texas House Speaker Dennis Bonnen Won’t Face Criminal Prosecution, Brazoria County DA Says
Texas Tribune – Cassandra Pollock | Published: 10/24/2019

Texas House Speaker Dennis Bonnen will not be criminally prosecuted for the things he said during a secretly recorded meeting with a hardline conservative activist, the district attorney in his hometown announced. Bonnen has said he will not seek reelection after activist Michael Quinn Sullivan secretly recorded a meeting with Bonnen in June. In the meeting, Bonnen and a top lieutenant asked Sullivan’s group, Empower Texans, to target a list of 10 House Republicans in the upcoming primary elections, and said he could get Empower Texans media access to the House floor. Bonnen also made a handful of disparaging comments about House Democrats and local leaders.

Virginia – Democrats Flip Virginia Senate and House, Taking Control of State Government for the First Time in a Generation
Washington Post – Gregory Schneider and Laura Vozzella | Published: 11/6/2019

Democrats gained control of both houses of the Virginia General Assembly, tapping strength in the suburbs to consolidate power for the first time in a generation and deliver a rebuke to President Trump. Officials reported unusually high turnout in an election that served as an opening salvo in next year’s presidential showdown, a test of Democratic defiance and Republican resolve in the era of Trump. The sweep completed a dramatic political conversion, from red to blue, of a Southern state on Washington, D.C.’s doorstep.

Virginia – Virginia Cyclist Who Flipped Off Trump Wins Loudoun County Seat Representing His Golf Club
Danbury News Times – Paul Schwartzman (Washington Post) | Published: 11/5/2019

Juli Briskman, the cyclist who was photographed giving President Donald Trump the finger two years ago and found herself without a job and at the center of a national uproar, got a new job on November 5, winning a seat on the Loudoun County Board of Supervisors, ousting a Republican in the process. Briskman raised her middle finger as she rode a bicycle alongside the presidential motorcade as Trump departed his golf club in Sterling, Virginia. Briskman said she was intent on basing her campaign on issues and not the incident involving her finger. But she acknowledged her notoriety helped her raise $150,000 for the race.

Washington – Washington High Court Probes Food Industry’s Speech Rights
Capital Press – Don Jenkins | Published: 10/22/2019

A Washington Supreme Court hearing on a record $18 million fine against the food industry touched on boycotts, death threats, and whether companies have the same free-speech protection as civil rights workers. The Grocery Manufacturers Association (GMA) faces the penalty for failing to timely report the names of the companies that contributed $11 million in 2013 to defeat a GMO-labeling initiative. An appeals court upheld the conviction, but found the violations were not intentional and slashed the penalty to $6 million, still by far the largest fine ever in the U.S. for a campaign violation. At the heart of GMA’s case to overturn the fine is whether companies and executives faced retaliation by engaging in political speech. After a tough initiative battle in California in 2012, the GMA set up a separate account to take in money from members. The group then contributed $11 million under its name to the “no” campaign.

Washington DC – D.C. Lawmaker Jack Evans Used Office to Benefit Private Clients, Probe Finds
Washington Post – Fenit Nirappil | Published: 11/4/2019

District of Columbia Councilperson Jack Evans repeatedly used his office on behalf of private clients who paid him hundreds of thousands of dollars, failing to recognize the conflicts and never properly disclosing the payments, according to an investigation by a law firm hired by the council. The confidential report identified 11 instances since 2014 in which Evans violated the council’s rules governing ethics. It marks the first time the council has detailed ethical lapses by Evans, the city’s longest-serving lawmaker. His business interests and his public actions have been the target of a federal investigation, as well as a probe by the Washington Metropolitan Area Transit Authority.

November 7, 2019 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance Alaska: “Group Wins Landmark Case Against Super PACs in Alaska” by Jacob Walinsky for ValueWalk California: “SF Voters Pass Prop. F, the ‘Sunlight on Dark Money’ Measure” by Trisha Thandani for San Francisco Chronicle North Carolina: “Senate Leader […]

November 6, 2019 • Written by Carlo Aguja

Virginia Democrats Win A Majority In General Assembly

Virginia Capitol Building - Ron Cogswell

Democrats won a majority of seats in both chambers of the Virginia General Assembly on November 5. Democrats gained six seats in the House of Delegates and two in the Senate. This will be the first majority for Democrats in […]

November 6, 2019 • Written by Carlo Aguja

New York City Voters Approve Ethics Ballot Question

On Election Day, voters approved Ballot Question 3, Ethics and Governance. The proposal amends the city charter by extending the post-employment appearance ban for elected officials and senior appointed officials. Additionally, the proposal limits political activity and donations by members […]

November 5, 2019 • Written by Mario Dalessandro

North Carolina Court Blocks Current State House Districts for 2020 Elections

North Carolina State Legislative Building

On Monday, October 28, a state court blocked the use of current congressional districts in North Carolina for the 2020 elections. The ruling could lead to the drawing of new districts that would make several Republican-held districts far more competitive. […]

November 4, 2019 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance National: “Trump Lures GOP Senators on Impeachment with Cold Cash” by Alex Isenstadt for Politico Washington: “Washington High Court Probes Food Industry’s Speech Rights” by Don Jenkins for Capital Press Elections National: “The Messy Politics of Voter Purges” […]

November 1, 2019 • Written by Mario Dalessandro

Maryland Governor Sets Special Election Date

Congressman Elijah Cummings

Gov. Larry Hogan has set February 4, 2020, as the date for the special primary election to fill the vacant 7th Congressional District seat. The seat is vacant after Rep. Elijah Cummings passed away earlier this month. The special general […]

November 1, 2019 • Written by Jim Sedor

News You Can Use Digest – November 1, 2019

National/Federal AP Exclusive: Middleman helped Saudi give to Obama inaugural AP News – Alan Suderman and Jim Mustian | Published: 10/29/2019 When President Barack Obama was reelected in 2012, a Saudi tycoon and his business associate sent hundreds of thousands of […]

National/Federal

AP Exclusive: Middleman helped Saudi give to Obama inaugural
AP News – Alan Suderman and Jim Mustian | Published: 10/29/2019

When President Barack Obama was reelected in 2012, a Saudi tycoon and his business associate sent hundreds of thousands of dollars to the U.S. to help pay for the inaugural celebration and get a picture with the president. American election law prohibits foreign nationals from making those sorts of contributions. But the donations Sheikh Mohammed Al Rahbani tried to send to Obama’s inaugural committee were funneled through a seasoned straw donor. That intermediary, Imaad Zuberi, agreed to plead guilty to making illegal campaign contributions to several American political candidates on behalf of foreign nationals. The prosecution is the latest in a string of cases that highlight the prevalence of banned foreign money in American politics and the often lax approach campaigns take in vetting contributions.

Before Deadly Crashes, Boeing Pushed for Law That Undercut Oversight
Seattle Times – Natalie Kitroeff and David Gelles (New York Times) | Published: 10/27/2019

For years, the government has been handing over more responsibility to aerospace manufacturers as a way to reduce bureaucracy. A recent bill cemented the industry’s power, allowing manufacturers to challenge regulators over safety disputes and making it difficult for the government to usurp companies’ authority. Although the law applies broadly to the industry, Boeing is the biggest beneficiary. An examination by The New York Times found Boeing and its allies helped craft the legislation to their liking, shaping the language of the law and overcoming criticism from regulators. Weeks after the law was passed, a Boeing 737 Max jet crashed off the coast of Indonesia, killing everyone on board. A second Max crashed in Ethiopia less than five months later, and the plane was grounded.

Civil Rights Leaders Thought They’d Figured Out How to Deal with Facebook. But Now They Are ‘Livid.’
Washington Post – Craig Timberg | Published: 10/25/2019

Before a recent town hall event featuring Facebook’s second-in-command Sheryl Sandberg, civil rights activists were optimistic that company officials would address concerns about racism on the platform. Near the top of the list were the voter suppression messages that flooded Facebook during the 2016 presidential election and, the civil rights leaders feared, would do so again in 2020. But that hope turned to outrage as civil rights leaders learned Facebook had announced what many now call “the Trump Exemption,” meaning the policy allowing any politician to lie freely in ads or free posts without consequences. Though Facebook has portrayed this decision as reflecting the nation’s ideals of unfettered political speech, civil rights leaders say they see Facebook’s quest to profit from political advertising.

Corporate Political Transparency: It’s optional
Center for Public Integrity – Dave Levinthal | Published: 10/24/2019

The disparity in the disclosure of political donations by corporations, detailed in a new report by the Center for Political Accountability and Zicklin Center for Business Ethics Research at the University of Pennsylvania’s Wharton School, underscores the flaccidity of federal laws and regulations governing what public companies must publicly disclose about their political activity. As the nation enters the teeth of the election season, corporations are again largely allowed to volunteer as much, or little, information as they please about, for example, how much cash they are infusing into “dark money” nonprofits that may in turn advocate for the election or defeat of candidates.

Federal Judge Holds DeVos in Contempt in Loan Case, Slaps Education Department with $100,000 Fine
Seattle Times – Danielle Douglas-Gabriel (Washington Post) | Published: 10/24/2019

A federal judge held Education Secretary Betsy DeVos in contempt for violating an order to stop collecting loan payments from former Corinthian Colleges students. Magistrate Judge Sallie Kim of the U.S. District Court in San Francisco slapped the Education Department with a $100,000 fine for violating a preliminary injunction. Money from the fine will be used to compensate the 16,000 people harmed by the federal agency’s actions. Some former students of the defunct for-profit college had their paychecks garnished. Others had their tax refunds seized by the federal government.

For Impeachment Witnesses, Testifying Can Cost $15,000
MSN – Sharon LaFraniere (New York Times) | Published: 10/24/2019

As a parade of State Department officials began trooping to Capitol Hill to testify in the impeachment inquiry imperiling President Trump, officials from the department’s employee association dispatched an appeal to its nearly 17,000 members. Send money, they pleaded. For the second time since Trump took office, an investigation into his conduct has set off a scramble across Washington, D.C. for lawyers to represent witnesses, and for the money to pay them. Many of the witnesses are career government workers who helped shape or carry out policy toward Ukraine. On civil-servant salaries, they have racked up bills of $15,000 or more for lawyers who can guide them through the sessions before congressional inquisitors.

Justice Dept. Is Said to Open Criminal Inquiry into Its Own Russia Investigation
MSN – Katie Benner and Adam Goldman (New York Times) | Published: 10/24/2019

For more than two years, President Trump has repeatedly attacked the Russia investigation, portraying it as a hoax and illegal even months after the special counsel closed it. Now, Trump’s own Justice Department has opened a criminal investigation into how it all began. Justice Department officials have shifted an administrative review of the Russia investigation closely overseen by Attorney General William Barr to a criminal inquiry. The move gives the prosecutor running it the power to subpoena for witness testimony and documents, to convene a grand jury, and to file criminal charges. The opening of a criminal investigation is likely to raise alarms that Trump is using the Justice Department to go after his perceived enemies.

K Street Executives Under Pressure on Diversity
The Hill – Alex Gangitano | Published: 10/30/2019

Overall, at least 22 corporate heads of companies’ K Street offices are people of color, according to data from the Washington Heads of Office, a group made up of senior government affairs executives of color. But those in the lobbying world say the numbers should be higher. Trade associations, lobbying shops, and law firms say they are working to diversify their ranks after growing pressure amid the most diverse Congress in history. But critics say the top lobbying jobs at companies do not see frequent turnover, and they say companies need to better nurture their talent pipeline. Some companies are flush with minority and female lobbyists, but just not at the top spot.

Payday Lenders Discussed Raising Money for Trump’s Campaign to Fend Off Regulation, Audio Reveals
Washington Post – Renae Merle | Published: 10/29/2019

A recent webinar sponsored by Borrow Smart Compliance, an industry consultant, gives surprisingly frank insight into the payday lending industry’s strategy to push for weaker government regulations by forging a tight relationship with the Trump administration and the president’s campaign. The payday lending industry, made up of businesses that make short-term loans to consumers at high interest rates, is awaiting new rules that could weaken Obama administration requirements. Michael Hodges, who billed himself as one of President Trump’s top fundraisers, said contributions to the president’s reelection campaign could be leveraged to gain access to the Trump administration.

Rep. Katie Hill to Resign Amid Allegations of Inappropriate Relationships with Staffers
Politico – Heather Caygle, John Bresnahan, and Kyle Cheney | Published: 10/27/2019

U.S. Rep. Katie Hill is resigning from Congress after facing allegations of inappropriate sexual relationships with staff members in her office and on her congressional campaign. Hill’s announcement capped a tumultuous 10-day episode that shook the Democratic Caucus. Hill was a prominent figure in the historic Democratic freshman class, and her resignation was a blow to the colleagues who defended her. Hill was under investigation by the House ethics committee for allegations of an improper sexual relationship with a male congressional staffer, a claim she denied. Hill admitted to and apologized for an “inappropriate” relationship with a female campaign staffer earlier.

Rep. Lori Trahan Says $300,000 of Campaign Funds Came from Husband, Calls It ‘Gray Area in Campaign Finance Law’
MassLive.com – Benjamin Kail | Published: 10/30/2019

U.S. Rep. Lori Trahan defended loaning her 2018 campaign $300,000 of her husband’s income, calling it “our money.” The Boston Globe reported that Trahan had far outspent peers on legal bills, with $167,000 paid to Perkins Coie to manage financial disclosures. The Globe reported Trahan repeatedly claimed that $371,000 she loaned her campaign came from her own funds, and Trahan did not disclose a joint bank account with her husband as a funding source until after she won her election, sparking complaints from watchdog groups. Trahan said she now realized the move constituted “a gray area in campaign finance law,” but cited multiple FEC rulings suggesting “what I did was not a violation.”

Twitter to Ban All Political Ads Amid 2020 Election Uproar
Duluth News Tribune – Tony Romm and Isacc Stanley-Becker (Washington Post) | Published: 10/30/2019

Twitter, reacting to growing concern about misinformation spread on social media, is banning all political advertising from its service. Its move strikes a contrast with Facebook, which continues to defend running paid political ads, even false ones, as a free speech priority. The move drew a mixed reception, with some critics highlighting that it would not affect what users can tweet and share on their own. The political ad ban also might not have much impact on widely followed accounts, including President Trump’s, whose tweets already reach more than 66 million users each day. Twitter’s new policy takes effect November 22.

White House Ukraine Expert Sought to Correct Transcript of Trump Call
MSN – Julian Barnes, Nicholas Fandos, and Danny Hakim (New York Times) | Published: 10/29/2019

Lt. Col. Alexander Vindman, the top Ukraine expert on the National Security Council, told House impeachment investigators that the White House transcript of a July call between President Trump and Ukraine’s president omitted crucial words and phrases, and his attempts to include them failed, according to people familiar with the testimony. The omissions, Vindman said, included Trump’s assertion there were recordings of former Vice President Joe Biden discussing Ukraine corruption, and an explicit mention by Ukraine President Volodymyr Zelensky of Burisma, the energy company whose board employed Biden’s son. His testimony is likely to drive investigators to ask further questions about how officials handled the call, including changes to the transcript and the decision to put it into the White House’s most classified computer system.

From the States and Municipalities

Alabama – Birmingham Water Board Member Guilty on Ethics Charges
AL.com – Ivana Hrynkiw | Published: 10/30/2019

A member of the Birmingham Water Works Board has been jailed after being found guilty on ethics charges. The case centered around allegations that Sherry Lewis used her position on the board to get free trips and meals, along with jobs for her son from water board contractors. Lewis was found guilty of using her position for personal gain or for the gain of a family member and voting on matters in which she or her family members had financial interest.

Arizona – Effort Underway to Significantly Change Elections in Arizona
Arizona Republic – Andrew Oxford | Published: 10/30/2019

Arizonans for Fair Elections launched a ballot initiative drive that proposes to lower the state’s campaign contribution limits and set up a system during election seasons for every voter to get vouchers from the state for up to $50 they could then give to the candidates of their choice. This model of publicly financing campaigns, which has already been adopted at the local level in Seattle, is just one piece of the sprawling proposed ballot measure that would also allow same-day and automatic voter registration while tightening the limits on political donations and restricting lobbying.

Arizona – Elected Arizona Official Accused of Selling Babies Suspended
AP News; Staff – | Published: 10/28/2019

An elected official in Arizona was suspended after he was charged with running a human smuggling scheme that brought pregnant women from the Marshall Islands to the U.S. to give birth and then paid them to give up their children for adoption. Leaders in Arizona’s most populous county suspended Assessor Paul Petersen without pay for 120 days. The Maricopa County Board of Supervisors does not have the power to permanently remove him from his office, which determines the value of properties for tax purposes in Phoenix and its suburbs. Petersen, who is in federal custody, has so far refused to resign since his arrest on October 8. His lawyer, Kurt Altman, said Petersen will fight to keep the $77,000-a-year job he was last elected to in 2016.

Arkansas – State Ethics Panel Member on Job After Term Ends
Arkansas Democrat-Gazette – Michael Wickline | Published: 10/27/2019

A member of the Arkansas Ethics Commission has served 10 months past the expiration of her appointment because state Attorney General Leslie Rutledge has yet to appoint a replacement – who, by law, must be a Democrat and of a minority race. Commissioner Sybil Jordan Hampton is not grumbling about continuing to serve on the commission. If she resigned, Hampton said, the five-member commission could have problems getting a quorum because another member was injured in a car accident in January and has not been able to attend meetings since then.

California – A ‘Straight Frickin’ Arrow’ or Not? Some Say California Democratic Fundraiser Walks a Fine Line
Sacramento Bee – Hannah Wiley | Published: 10/28/2019

When state Insurance Commissioner Ricardo Lara became embroiled in a deluge of questions and criticism this year for breaking a campaign promise not to accept industry donations, he promised Californians he would make it up to them. To start, he fired his longtime fundraiser, Dan Weitzman. Lara said he would institute “rigorous vetting protocols” built by experts familiar with “best practices,” seemingly a deviation from the fundraising system he had set up with Weitzman at the helm. But Weitzman is no rookie. Top Democrats have for two decades invested their fundraising trust in Weitzman, whose ability to inspire cash flow has launched political careers and his own prominence in Sacramento since the 1990s.

California – Times Investigation: L.A. councilman Wesson helped apartment executives while his son received rent break
Los Angeles Times – David Zahniser and Emily Alpert Reyes | Published: 10/24/2019

Los Angeles City Council President Herb Wesson helped shepherd a residential tower through the city’s review process amid opposition from city staff and the planning commission. During the same period, his son was living in a building owned by Rosewood Corp., a company headed by tower developer Michael Hakim. The councilperson’s son, Herb Wesson III, went more than five years without a rent increase at the apartment building, even as many other tenants saw their rent go up. Three other people who lived in the building at the time said they were aware he was receiving a rent break, and that it was provided because his father is a council member. One of them said Wesson III explained during a private conversation that he had received a discount because of “business his father was doing with the owners of the building.”

Colorado – Emails from 600 Colorado State Employees Are Slated to Vanish from Public Record
Denver Post – Alex Burness | Published: 10/30/2019

Email inboxes are slated to be purged for hundreds of state employees, in Colorado, a move that promises to eliminate access to government records that would otherwise be public. The impacted employees work for the Department of Regulatory Agencies, divisions of which regulate key industries, including insurance, electric utilities, banks, real estate, and telecommunications. Colorado law gives state departments broad discretion in crafting their policies for keeping or deleting the recorded history of public business they conduct.

Florida – City Commission Votes for Tougher Ordinance, Ethics Board Gets More Power
Tallahassee Reports – Steve Stewart | Published: 10/28/2019

The Tallahassee City Commission voted to move forward with ethics proposals that will give the city’s Independent Ethics Board more power. Together, the adopted amendments give the board expanded authority to investigate ethics charges and levy higher fines. The Commission also adopted other reforms which address financial disclosure and lobbyist registration. Commissioners voted to increase fines for lobbyists that fail to register. The penalties will start at $1,000 for the first violation and increase with each additional violation by $500. City Attorney Cassandra Jackson said a draft ordinance would be presented to the commission in November.

Illinois – Ethics Board Reaffirms Fine Against Operative Who Supplied Solis with Viagra, Sex Acts; Goes after Company That Hired Roberto Caldero
Chicago Sun Times – Fran Spielman | Published: 10/29/2019

The Chicago Board of Ethics reaffirmed its $25,000 fine against the political operative who supplied former Ald. Danny Solis with Viagra and sex acts and moved to hold Elgin Sweeping Services responsible for hiring Roberto Caldero. he finding of probable cause will require Elgin to explain why it hired Caldero to promote the company’s interests at City Hall when he was not a registered lobbyist. Caldero has already been slapped with a $25,000 fine that was reaffirmed after the board rejected his appeal. Elgin Sweeping faces a lesser fine, ranging from $500 to $2,000.

Illinois – Feds Allege State Rep. Luis Arroyo Caught on Undercover Recording Paying $2,500 Bribe. ‘This is the Jackpot.’
Chicago Tribune – Jason Meisner, Jamie Munks, and Dan Petrella | Published: 10/29/2019

Illinois Rep. Luis Arroyo bribed a legislative colleague with an offer of $2,500 a month in exchange for support of sweepstakes-related legislation, according to a federal complaint. Arroyo made the offer on August 2 and handed over an initial check on August 22 for the unidentified lawmaker’s backing of the legislation in the Illinois Senate, the complaint says. It describes Arroyo as having a vested interest in the arrangement as manager of Spartacus 3 LLC, a lobbying company, which included as its clients the owner of a firm that deals in video sweepstakes machines. The complaint describes the moment Arroyo gave the check to his colleague in a suburban Chicago restaurant, citing a federal wiretap that allegedly captured their conversation. “… This is, this is, this is the jackpot,” Arroyo told the senator.

Illinois – Former Lake Forest City Manager Indicted for Role in Paying Lobbyists Over Controversial Rail Project
Chicago Tribune – Daniel Dorfman (Pioneer Press) | Published: 10/24/2019

A former city manager in Lake Forest was indicted for official misconduct after he was accused of exceeding his authority as an administrator for his role in paying a lobbying firm without the city council’s approval. According to the indictment, Bob Kiely exceeded his $20,000 purchasing authority without council approval between January 1, 2016, and March 1, 2017, when payments were sent to the lobbying firm, and engaged in the contract knowing he was forbidden to do so under the law.

Maryland – Daughter of Ex-Md. Lawmaker Charged with Federal Wire Fraud Days After Mother’s Guilty Plea
Washington Post – Lynh Bui | Published: 10/29/2019

Anitra Edmond, the daughter and campaign treasurer of longtime Maryland Del. Tawanna Gaines, was charged with federal wire fraud, accused of funneling money from her mother’s campaign funds to a personal bank account. The charge against Edmond was filed less than two weeks after Gaines appeared in the same courthouse and pleaded guilty to the same charge. Gaines has resigned her seat.

Maryland – Maryland’s Online Political Ad Law Debated in Fourth Circuit
Courthouse News Service – Brad Kutner | Published: 10/30/2019

Maryland’s effort to regulate online political ads was met with skepticism by an appeals court judge, as a state attorney defending against a challenge by The Washington Post and other newspapers argued the law does not violate digital publishers’ right to free speech. The Online Electioneering Transparency and Accountability Act was blocked by a federal judge who found it would impose undue burden on publishers. The law requires platforms with more than 100,000 monthly visitors to publish the names and contact information for any purchaser of a “qualifying paid digital communication,” along with the price paid, and requires them to maintain a publicly available database with relevant information about the ad.

Maryland – Online Portal Will Publicly Display Baltimore Lobbying Disclosures
Baltimore Sun – Colin Campbell | Published: 10/31/2019

Baltimore has set up a public online portal where lobbyists can register and file disclosure forms to the city Ethics Board twice a year, instead of annually, as a result of a recent law to tighten lobbying rules. The law requires lobbyists approaching city government officials to “affirmatively identify” who they represent. It requires the Ethics Board to post those reports online, disclosing who paid lobbyists and how much. Those who fail to report could face a $1,000 penalty for each violation and a three-year ban from lobbying at City Hall. The reports must include any gifts of $100 or more given to a public servant or their family members.

Michigan – How a Tax Break to Help the Poor Went to NBA Owner Dan Gilbert
ProPublica – Jedff Ernsthausen and Justin Elliott | Published: 10/24/2019

Billionaire Dan Gilbert has spent the last decade buying up buildings in downtown Detroit, amassing nearly 100 properties and so completely dominating the area, it is known as Gilbertville. In the last few years, Gilbert, the founder of Quicken Loans and owner of the Cleveland Cavaliers, has also grown close to the Trump family. Quicken gave $750,000 to President Trump’s inaugural fund. Gilbert’s cultivation of the Trump family appears to have paid off: Three swaths of downtown Detroit were selected as opportunity zones under the Trump tax law, extending a valuable tax break to Gilbert’s real estate empire. Gilbert’s relationship with the White House helped him win his desired tax break, an email obtained by ProPublica suggests. The area made the cut even though it did not meet the poverty requirements of the program.

Nevada – Reno City Attorney Karl Hall Kept His Property Deal Quiet During Strip Club Fight
Renp Gazette Journal – Anjeanette Damon | Published: 10/29/2019

At the height of the Reno City Council’s campaign to oust strip clubs from downtown, City Attorney Karl Hall worked to sell an office building less than a block away from the Wild Orchid Gentleman’s Club but did not disclose the possible conflict-of-interest. Although the property was included on his annual financial disclosure form, Hall never disclosed his ownership or the fact it was on the market during the debate over whether the council should force the Wild Orchid and other strip clubs to move out of downtown. Nevada’s ethics law, which requires council members to read aloud a disclosure when they consider policies that might affect their personal finances, also applies to Hall.

New York – De Blasio Presidential Campaign Bankrolled by Donors with City Interests
Politico – Joe Anuta and Sally Goldenberg | Published: 10/29/2019

Despite disavowing the role of big money in politics, New York City Mayor Bill de Blasio relied primarily on donors who have business dealings with the city, are often wealthy, and are rarely motivated by ideology, something reinforced by his presidential campaign’s most recent federal filings. People who have a business stake in the policies and actions of his administration largely underwrote the $1.4 million he raised to bankroll his candidacy, including at least eight who appeared on the “doing business” list –people and companies with active financial dealings before the city whose donations would represent a conflict-of-interest.

New York – Kat Sullivan Sues JCOPE Over Lobbying Allegations
Albany Times Union – Chris Bragg | Published: 10/24/2019

Kat Sullivan, the alleged rape victim who has been extensively targeted by state ethics regulators in New York for failing to register as a lobbyist, filed a lawsuit arguing she never conducted lobbying work and the law under which she is being pursued is unconstitutional. The lawsuit alleges the Joint Commission on Public Ethics (JCOPE) is conducting an “improper and abusive” investigation into Sullivan over her efforts to raise awareness about sexual assault and support for passing the Child Victim’s Act in 2018. Sullivan’s lawsuit challenges JCOPE to prove the definition of “lobbying” it is applying in her case adheres to state law. She also is challenging whether the underlying law is valid.

North Carolina – State Court Bars Using North Carolina House Map in 2020 Elections
MSN – Michael Wines (New York Times) | Published: 10/28/2019

A state court effectively threw out North Carolina’s map of congressional districts, saying critics were poised to show “beyond a reasonable doubt” that it was an unconstitutional partisan gerrymander favoring Republicans. The ruling, by a three-judge panel in Superior Court, technically imposes a temporary ban on using the map in primary elections next spring. But the judges signaled they were unlikely to change their minds by inviting plaintiffs in the case to seek a summary judgment ending the case in their favor. The judges also said they were prepared to postpone primary elections should that prove necessary to further litigate the case or draw new House districts.

Oregon – Struggling Oregon County Spent $43,000 Traveling to D.C. to Lobby. It Wants $2,000 to Hand Over the Receipts.
Portland Oregonian – Rob Davis | Published: 10/25/2019

In the last four years, leaders of a struggling Oregon timber county have repeatedly traveled to Washington, D.C. to lobby President Trump and other top federal officials to increase timber harvests. Douglas County commissioners spent at least $43,000 on their lobbying trips using federal money awarded to the county. Yet after three formal requests and numerous questions from The Portland Oregonian, the county has only accounted for how commissioners spent $579.57. County officials want to charge the newsroom more than $1,900 and spend nearly a full week’s worth of clerical time to find 170 pages they say itemize the other $42,500.

Pennsylvania – Citing Spotlight PA/Caucus Probe, Top Lawmaker Pushes Limits on Campaign Donations, Stricter Disclosure Rules
Pittsburgh Post-Gazette – Sam Janich (The Caucus) and Angela Couloumbis (Spotlight PA) | Published: 10/25/2019

Pennsylvania Senate Minority Leader Jay Costa is proposing sweeping campaign finance reforms that would set limits on contributions, increase transparency, and ban candidates from using campaign money for their personal benefit, issues at the heart of a yearlong investigation published by The Caucus and Spotlight PA. Costa said his bill would, among other changes, establish contribution limits for the first time in the state, and impose more accountability for spending by elected officials and others running for office. For instance, the measure would require candidates to submit credit-card statements with their regularly filed campaign finance reports and ban the use of gift cards that can be used to further shield expenses.

Pennsylvania – House Panel Says Lobbyist Disclosure Law Should Be Improved
Pittsburgh Post-Gazette – Mark Scolforo (Associated Press) | Published: 10/30/2019

A new state House investigative committee’s first report said Pennsylvania’s lobbyist disclosure law should be overhauled so lobbyists, rather than the entities they work for, report meals, gifts, and other spending meant to influence government. The House Government Oversight Committee voted unanimously for the report that also recommended changes to how lobbyist spending reports are audited. The committee said identifying and punishing lobbyist registration violations is difficult under the current law, and it was not able to determine what percentage of principals, lobbying firms, and lobbyists are in compliance.

Pennsylvania – Inside the FBI Investigation into Philly Councilman Kenyatta Johnson, His Wife, and Kenny Gamble’s Nonprofit
Philadelphia Inquirer – Jeremy Roebuck and Chris Brennan | Published: 10/25/2019

Philadelphia City Councilperson Kenyatta Johnson has found himself dogged for the past three years by FBI scrutiny of his tenure. But while much of that investigation has taken place behind closed doors, details are beginning to emerge. Sources familiar with the probe described a sweeping examination into everything from the council member’s involvement in the bargain-rate sale of city-owned land to the work of his wife, Dawn Chavous, as an education consultant, campaign adviser, and charter school advocate.

Rhode Island – IGT Discloses Additional $600,000 Spent on Lobbying Campaign
Providence Journal – Katherine Gregg | Published: 10/24/2019

International Game Technology (IGT) has publicly acknowledged an additional $600,000 in spending on its campaign for a 20-year, no-bid extension of its Rhode Island Lottery contract, in response to a notice from Secretary of State Nellie Gorbea’s office that it was obliged to disclose the amount it gave Keeping Jobs in Rhode Island to run ads touting IGT and criticizing its rivals in the contract fight. The disclosure, in an amended lobbyist-disclosure report, raised the amount the United Kingdom-based gambling technology company and its affiliate, Keeping Jobs in Rhode Island, have spent on lobbyists and advertising and public-relations in a single three-month period to an unmatched $1.8 million. Gorbea raised the specter of penalties of up to $5,000 and revocation of IGT’s right to lobby in Rhode Island if it did not make a complete disclosure.

Rhode Island – Who is Brett Smiley? A Look at the Top Aide to Governor Raimondo Who Is Accused of Threatening a Casino Executive
Boston Globe – Dan McGowan | Published: 10/30/2019

Brett Smiley, Rhode Island Gov. Gina Raimondo’s chief of staff, allegedly tried to persuade the Twin River casino to not oppose a proposed 20-year, no-bid contract extension for one of its rivals, IGT, to run the state lottery and operate most video lottery terminals at the state’s two casinos. Marc Crisafulli, Twin River’s executive vice president, claims Smiley warned him the Twin River casino could face regulatory problems if the company fought the highly contentious contract proposal for IGT. Twin River waged a public relations and lobbying campaign opposing the deal anyway, and later was forced to pay a $180,000 fine to the state taking on too much debt from a series of transactions in 2019.

Virginia – Ex-Norfolk Sheriff Bob McCabe Indicted on Federal Corruption Charges
The Virginian-Pilot – Scott Daugherty and Tim Eberly | Published: 10/24/2019

Former Norfolk Sheriff Bob McCabe was indicted on 11 federal corruption charges, accused of taking bribes over more than two decades in exchange for steering millions of dollars in city contracts to friendly businesses. McCabe was charged along with Gerard Boyle, the founder of firms that have long provided health care services for Norfolk jail inmates. Prosecutors say the longtime sheriff took bribes – including an unreported $6,000 loan, gift cards to Todd Jurich’s Bistro, Washington Redskins tickets, and free catering for his annual golf tournament – in exchange for ensuring government contracts went to Boyle’s firm and another that did business with the jail. The indictment does not name the second company, but details in the document match the jail’s food services provider, ABL Food Management.

Washington – Despite Promising to Stop, Facebook and Google Are Still Selling Political Ads in Washington State
Seattle Times – David Gutman | Published: 10/28/2019

Facebook and Google announced they would stop selling political ads in Washington after a lawsuit accused them of not obeying the state’s rules on transparency. But search Facebook’s ad library and you will find paid ads for candidates for Olympia mayor and Seattle School Board, among many others. Google has sold at least $25,000 worth of ads about state and local elections in the state. Although the amounts represent only a fraction of the millions of dollars flooding Seattle’s city council elections and other campaigns, they are still reaching hundreds of thousands of potential voters. And candidates and PACs certainly think they are effective as they continue to buy the ads that the companies have claimed they do not sell, even though the platforms claim they remove the ads as soon as they realize what they have done.

October 31, 2019 • Written by Mario Dalessandro

California Representative Resigns Amid Ethics Probe

Rep. Katie Hill resigned from her 25th Congressional District seat after an investigation of allegations that she violated House ethics rules. Gov. Gavin Newsom will have up to two weeks to set the date for a special election to fill […]

Wednesday’s LobbyComply News Roundup

Tuesday’s LobbyComply News Roundup

Monday’s LobbyComply News Roundup

Kentucky Governor’s Race Could Be Decided by State Legislature

California State Senator Resigns After Accepting Department of Labor Appointment

News You Can Use Digest – November 8, 2019

Thursday’s LobbyComply News Roundup

Virginia Democrats Win A Majority In General Assembly

New York City Voters Approve Ethics Ballot Question

North Carolina Court Blocks Current State House Districts for 2020 Elections

Monday’s LobbyComply News Roundup

Maryland Governor Sets Special Election Date

News You Can Use Digest – November 1, 2019

California Representative Resigns Amid Ethics Probe

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