Campaign Finance

National: “How a Little-Known Democratic Firm Cashed in On the Wave of Midterm Money” by Michelle Ye Hee Lee and Anu Narayanswamy for Washington Post

Connecticut: “Under the Influence: Marijuana industry seeks ruling on legality of political contributions in Connecticut” by Neil Vigdor for Hartford Courant

Montana: “Montana’s Dark Money Detective” by Jimmy Tobias for Pacific Standard

Elections

California: “Supreme Court Rules Against Mystery Corporation from ‘Country A’ Fighting Subpoena in Mueller Investigation” by Robert Barnes, Devlin Barrett, and Carol Leonnig (Washington Post) for San Jose Mercury News

Ethics

National: “Feds’ GoFundMe Campaigns Open a ‘Minefield’ of Ethical Questions During Shutdown” by Nicole Ogrysko for Federal News Network

National: “Pro-Pruitt Group Took Big Checks in Secret” by Alex Guillen for Politico

Georgia: “State Ethics Director Under Ethics Investigation” by Dale Russell for WAGA

Hawaii: “Why Critics Say New House Sexual Harassment Policy Doesn’t Go Far Enough” by Anita Hofschneider for Honolulu Civil Beat

New York: “As Session Starts, Legislators and Advocates Push Overhaul of State Ethics Enforcement” by Samar Khurshid for Gotham Gazette

Legislative Issues

National: “Young People Power into Statehouses and City Halls” by Graham Vyse for Governing

On June 13, 2019, amendments to the Canada Elections Act affecting spending limits for third parties and political parties takes effect. Bill C-76, the Elections Modernization Act, received Royal Assent on December 13, 2018.

The bill is scheduled to take effect six months after Royal Assent, unless Elections Canada determines some portion of the law should take effect earlier. The legislation establishes measures to increase transparency regarding the participation of third parties in the electoral process by adding reporting requirements for third parties engaging in partisan activities, partisan advertising, and election surveys.

Additionally, the bill creates an obligation for third parties to open a separate bank account for expenses and creates an obligation for political parties and third parties to identify themselves in partisan advertising.

The bill also extends voting hours on advance polling days to encourage participation in the election process for voters. Bill C-76 also amends the Parliament of Canada Act to prevent the calling of a by-election for a vacant seat in the House of Commons within nine months before a scheduled general election.

Sometime before July 6, 2019, a by-election will be announced for the seat in the House of Commons representing Nanaimo–Ladysmith in the province of British Columbia.

On January 7, the Chief Electoral Officer of Canada, Stéphane Perrault, received official notice from the Speaker of the House of Commons that the seat for Nanaimo–Ladysmith (British Columbia) became vacant following the resignation of Sheila Malcolmson, who resigned on January 2 to run in a provincial by-election.

Under the law, the by-election date must be announced between January 18 and July 6, 2019, and will signal the start of the by-election period.

According to Elections Canada, the earliest date the by-election can be held is February 25, 2019.

Campaign Finance

Oklahoma: “Stitt Unveils Plan to Address Potential Business Conflicts” by Paul Monies for Oklahoma Watch

Elections

National: “Paul Manafort Shared 2016 Polling Data with Russian Employee, According to Court Filing” by Rachel Weiner and Spencer Hsu (Washington Post) for San Jose Mercury News

Ethics

National: “Court: EPA must release Wheeler’s emails, documents” by Dino Grandoni (Washington Post) for San Jose Mercury News

New Jersey: “Katie Brennan Sues New Jersey, Murphy Campaign and Al Alvarez in Alleged Sexual Assault” by Dustin Racioppi for Bergen Record

Lobbying

National: “Former Lawmakers, Staff Quickly Set Up on K Street” by Kate Ackley for Roll Call

Florida: “Some City Workers Can Accept Gifts, Ethics Commission Says” by Lisa Solomon for South Florida Sun Sentinel

Michigan: “Whitmer Choice Raises Questions About State’s Conflicts of Interest Laws” by Paul Egan for Detroit Free Press

Vermont: “Health Care Industry Injects Big Spending in Statehouse Lobbying” by Kit Norton and Felippe Rodrigues for VTDigger.org

Minnesota will hold a special election for Senate District 11 on February 5.

Sen. Tony Lourey resigned after being appointed to Gov.-elect Tim Walz’s cabinet.

If necessary, a primary will be held on January 22.

Kentucky Gov. Matt Bevin has called a special election to fill the vacancy in Senate District 31.

The seat had been held by Ray Jones since 2001, but it became vacant when he resigned after being elected judge executive.

The district encompasses the counties of Elliott, Martin, Lawrence, Morgan, and Pike.

Gov. Janet Mills and Sec. of State Matthew Dunlap announced a special election to be held on March 12 for House District 124.

Rep. Aaron Frey vacated the office to serve as attorney general.

House District 124 includes portions of Bangor and Orono.

Campaign Finance

National: “Federal Judge Stops Enforcement of Maryland Election Law” by Edward Ericson Jr. for Courthouse News Service

Michigan: “Snyder Veto Spree Takes Down GOP Power Play Proposal, 40 Other Bills” by Jonathan Oosting for Detroit News

Pennsylvania: “Former Reading Official Sentenced to 18 Months in Bribery Case with Ties to Allentown Pay-to-Play Probe” by Peter Hall for Allentown Morning Call

Elections

National: “Secret Campaign to Use Russian-Inspired Tactics in 2017 Ala. Election Stirs Anxiety for Democrats” by Craig Timberg, Tony Romm, Aaron Davis, and Elizabeth Dwoskin (Washington Post) for Denver Post

Ethics

Oregon: “BOLI Finds ‘Substantial Evidence’ of Sexual Harassment at Oregon Capitol” by Ted Sickinger and Hillary Borrud for Portland Oregonian

Washington: “From Campaign Consultant to Lobbyist and Adviser: The firm that has Seattle Mayor Jenny Durkan’s ear” by Daniel Beekman and Lewis Kamb for Seattle Times

Lobbying

California: “As Fires Ravaged California, Utilities Lobbied Lawmakers for Protection” by Ivan Penn (New York Times) for MSN

Redistricting

National: “Supreme Court to Hear Cases on Partisan Gerrymandering in Maryland, N. Carolina” by Robert Barnes (Washington Post) for Salt Lake Tribune

U.S. District Judge Paul W. Grimm, has enjoined Maryland from enforcing M.C.E.L. §§ 13-405 and 13-405.1.

The statutes in question, require online platforms, like search engines and social media sites, to publicly disclose the contact information and amount paid by the purchaser to the online platform for the placement of the qualifying paid digital communication within 48 hours.

In the 50-page opinion, the judge concludes the statutes encroach on First Amendment freedoms. The state may file an interlocutory appeal.

Pennsylvania Lt. Gov. Mike Stack announced a special election to fill the vacancy in the 37th Senate District.

The seat became open with the election of Guy Reschenthaler to the U.S. House of Representatives.

The district includes suburbs in western and southern Allegheny County as well as part of Washington County.

Campaign Finance

National: “House Democrats Propose Major Campaign Finance Reforms in First Bill of Session” by Carl Evers-Hillstrom for Center for Responsive Politics

Illinois: “Campaign Money Tied to Ald. Edward Burke’s Alleged Extortion Scheme Was Intended for County Board President Toni Preckwinkle, Sources Say” by Bill Ruthhart and Jason Meisner for Chicago Tribune

Ethics

National: “Makeup of Cabinet Is Creating More Hurdles for Trump” by Andrew Restuccia for Politico

Florida: “Florida Senate Pays $900,000 in Case Related to Jack Latvala Sexual Misconduct Case” by Elizabeth Koh for Tampa Bay Times

Michigan: “Whitmer Bans Campaign Activities on Public Dime, Use of Private Email” by Beth LeBlanc for Detroit News

Oregon: “Former Oregon First Lady Cylvia Hayes Criticized for ‘Bad Faith’ in Bankruptcy Proceedings” by Ben Botkin for Salem Statesman Journal

Lobbying

National: “Joe Lieberman, Registered Lobbyist Who Doesn’t Actually Lobby” by C. Ryan Barber for Law.com

California: “California Health Care CEO Pleads Guilty in Public Corruption Case That Netted Alabama Legislators” by Melissa Brown for Montgomery Advertiser

Federal:

Mueller Fuels Foreign Lobbying Crackdown
The Hill – Morgan Chalfont and Alex Gangitano | Published: 12/31/2018

The Federal Agents Registration Act dates to 1938, when it was passed to ensure transparency of foreign influence in the American political process as a result of fears over Nazi and communist propaganda. It has been amended twice since then but is essentially the same law. It requires that “agents of foreign principals,” typically lobbyists or consultants who work for foreign governments or political parties, register and file regular reports with the Justice Department on their activities. They also must file copies of materials they distribute for any foreign entities and keep a record of their activities. Criminal prosecutions under the law have been few and far between, but special counsel Robert Mueller’s investigation has changed that, at least for the time being.

Sexism Claims from Bernie Sanders’s 2016 Run: Paid less, treated worse
MSN – Sydney Ember and Katie Benner (New York Times) | Published: 1/2/2019

Accounts of sexual harassment and demeaning treatment, as well as pay disparity, in U.S. Sen. Bernie Sanders’s 2016 presidential campaign have circulated in recently in emails, online comments, and private discussions among former supporters. As Sanders tries to build support for a second run at the White House, his perceived failure to address this issue has damaged his progressive bona fides, nearly a dozen former state and national staff members said. It also has raised questions among them about whether the senator can adequately fight for the interests of women, who have increasingly defined the Democratic Party, if he runs again for the presidential nomination. The former staff members said complaints about mistreatment and pay disparity during and just after the campaign reached some senior leaders of the operation.

Trump Effect: How out-of-state money fueled Democratic House wins in 2018
USA Today – Maureen Groppe and Christopher Schnaars | Published: 12/29/2018

The Democrats who captured the U.S. House by flipping 43 districts from red to blue in the November election received on average more than half of their large-dollar campaign funds from outside their states. By contrast, defeated Republicans in those districts collected only about one-third of their itemized funds from outside their states. The money that poured into House races from out-of-state donors was another example of the nationalization of the 2018 midterm elections that were partly a referendum on President Trump’s first two years in office. Analysts said the data reinforced other signs that opposition to Trump helped to motivate Democratic donors.

From the States and Municipalities:

Alabama: Ethics Revision Commission Could Give Legislators Multiple Choices
Montgomery Advertiser – Brian Lyman | Published: 12/27/2018

A commission working on proposed changes to the state’s ethics law might deliver multiple options to legislators next year. Tom Albritton, executive director of the Alabama Ethics Commission, said the final proposals will likely include a range of options on different issues for lawmakers to take up, should they decide to revise ethics laws in the legislative session that begins next March. The Code of Ethics Clarification and Reform Commission has taken up a number of issues, though it has spent a great deal of time on the definition of “principal,” or a person or entity who hires a lobbyist.

Delaware: Former Delaware Lawmaker Melanie George Smith’s New Career Draws Complaints of Self-Dealing
Wilmington News Journal – Scott Goss | Published: 1/2/2019

Former Rep. Melanie George Smith has launched a consulting firm that critics say is benefiting from a Delaware “sustainability” industry that she helped create during her final months in office. Her business, Sustainable World Strategies, is prompting questions about the rules that are supposed to stop state lawmakers from crafting legislation that benefits them personally. Smith rejects the notion that her business has anything to do with the legislation she sponsored. “They are completely separate,” she said. “And when you introduce legislation in Dover that is broadly beneficial to everybody, there is no conflict whatsoever.”

Florida: Lauren Book Proposes ‘Swearing In’ Legislative Speakers
Florida Politics – Jim Rosica | Published: 1/2/2019

Florida Sen. Lauren Book filed the Truth in Government Act for the 2019 legislative session that would require people appearing at legislative committees to be sworn in before speaking. Those making a “false statement that he or she does not believe to be true, … in regard to any material matter, commits a felony of the third degree,” Senate Bill 58 says. But the legislation exempts lawmakers themselves, staff members, and children. The majority of speakers before legislative panels are paid lobbyists. “I don’t think it’s necessary because it confuses 1st Amendment-right advocacy with investigatory or legal proceedings that require testimony under oath,” one lobbyist said.

Idaho: Why Does This Charity Golf Event Hosted by Idaho’s Governor Cost More Than It Gives Out?
Idaho Statesman – Audrey Dutton | Published: 1/3/2019

The annual Governor’s Cup tournament is a multiday golf and sporting affair that raises money for college and trade-school scholarships in Idaho. The event is hosted by the governor and first lady and is attended by the state’s political and business movers and shakers. Almost every year of the past decade, the nonprofit that runs the tournament has spent at least twice as much money on throwing the annual event than it has awarded in financial aid. Marcus Owens, a former director of the IRS’s division for tax-exempt organizations, said the event’s cost calls into question its primary purpose. “It sure sounds like this is an opportunity for lobbyists to do what lobbyists do outside the eyes of reporters or the general public,” said Owens.

Illinois: Feds Charge Powerful Ald. Edward Burke with Corruption
Chicago Tribune – Jason Meisner | Published: 1/3/2019

Chicago Ald. Edward Burke was charged with attempted extortion in a federal criminal complaint. It alleges Burke tried to extort a company that owns fast-food restaurants in the Chicago area and needed help with permits for a remodeling job. The complaint also alleged Burke illegally solicited a campaign donation from an executive with the restaurant company for another politician, who is not named in the charges. The criminal charge was stunning even for a city with a long history of public corruption. While dozens of his city council colleagues have been convicted and sent to prison over the decades, Burke was largely seen as too clever or sophisticated to be caught. He had faced federal scrutiny several times before but always escaped charges.

Missouri: No More Free Lunch for Missouri Lawmakers. Literally.
St. Louis Post-Dispatch – Kurt Erickson | Published: 1/3/2019

Although it could face a test in court, a possible repeal by frustrated lawmakers, and varied legal opinions from ethics regulators, the so-called Clean Missouri ballot measure approved by voters in November places a five-dollar cap on gifts lawmakers can receive from lobbyists. That means fewer lobbying groups offering free food to lawmakers and legislative staffers during the busy crush of the legislative session that begins January 9 and runs through May 17. It means no more dinners being purchased by lobbyists for lawmakers at local restaurants, nor free tickets to baseball games, concerts, or golf tournaments. For lobbyists, lawmakers, and restaurateurs in Jefferson City, the changes are significant.

Missouri: State Seeks Dismissal of Lobbyist Gift Ban Lawsuit
St. Louis Post-Dispatch – Kurt Erickson | Published: 12/26/2018

Missouri Attorney General Josh Hawley is asking a federal judge to dismiss a lawsuit that sought to overturn a ban on workers in the governor’s office receiving gifts from lobbyists. Gov. Mike Parson in November rewrote an order issued by his predecessor, Eric Greitens, that had prohibited all gifts from lobbyists. The change was aimed at allowing groups to distribute informational booklets to employees of the state’s chief executive. In October, the Institute for Justice said the ban on gift-giving violated the organization’s First Amendment rights to free speech because it prohibits them from giving workers in Parson’s office two books. Hawley’s office said the change makes the lawsuit unnecessary.

New Jersey: New Jersey Is the Latest Battleground in National Redistricting Fight
Politico – Matt Freidman | Published: 12/28/2018

Democrats who control the New Jersey Legislature attempted to fast track a constitutional amendment to change the way the state draws its legislative districts. The plan would have inserted a formula into the state constitution almost certainly cementing Democratic majorities for decades to come. But to a new wave of liberal activists, it reeked of an attempted power grab. Their party’s redistricting amendment gave them a new target and joined by good government groups and Republican state lawmakers who stood to see their already diminished clout reduced further, they held rallies in front of the Statehouse to oppose it.  Redistricting is drawing more and more mainstream attention, with New Jersey the latest state to battle over the drawing of district lines in the run-up to 2020.

New York: N.Y.’s New Attorney General Is Targeting Trump. Will Judges See a ‘Political Vendetta?’
MSN – Jeffery Mays (New York Times) | Published: 12/31/2018

Letitia James, the incoming New York attorney general, has suggested that President Trump could be charged with obstruction of justice, and implied that foreign governments channeled money to his family’s real estate holdings, which she characterized as a “pattern and practice of money laundering.” Democratic attorneys general across the country have used their offices to confront Trump. But since her election, James has opened herself up to criticism that she has gone too far in allowing politics to shape her agenda. Her strident attacks on the president could potentially threaten the legal standing of cases that her office brings against Trump, his family members or their business interests, legal experts said.

North Carolina: NC Lawmakers Override Veto of Bill That Makes Allegations of Campaign Finance Violations Secret
Raleigh News and Observer – Craig Jarvis | Published: 12/27/2018

Republican lawmakers held off North Carolina Gov. Roy Cooper’s attempt to muster enough Democrats to thwart an override of his veto of an elections law bill. A large majority of Democrats had voted to approve the bill, as it reflected changes in state election law that Cooper achieved in a lawsuit. But despite negotiations with legislative leaders over how to accomplish those changes, Cooper focused the argument on keeping accusations of campaign finance violations secret. Cooper opposed a provision in the bill that will require allegations of campaign finance wrongdoing to be probed by the State Ethics Commission and its findings to be referred to the State Board of Elections. The elections board could then refer the matter to local prosecutors to consider bringing criminal charges, all in confidence.

South Dakota: Undisclosed Donors Gave $95K in SD Governor Race
Rapid City Journal – Seth Tupper | Published: 12/30/2018

An out-of-state PAC that ran advertisements supporting Kristi Noem and opposing Billie Sutton in the race for South Dakota governor received $95,000 from undisclosed sources during the final week of the campaign. The money was raised by a corporation, apparently a 501(c)4 nonprofit, that does not disclose its donors. The corporation then gave the money to a super PAC, which appears to have spent most or all the money on independent expenditures in the race. The contributions from the corporation to the super PAC occurred late enough in the campaign that they did not show up on the super PAC’s campaign finance reports until a post-election report, which was filed on December 6.

Special elections for the 114th and 190th House Districts have been set for March 12, 2019.

The 114th District became vacant in October after the death of State Rep. Sid Michaels Kavulich, while the 190th District was vacated after Vanessa Lowery Brown was convicted in a bribery case late last year.

Candidates for the seats will be chosen by a process determined by the political parties.

Campaign Finance

National: “Congress Unlikely to Stop Super PACs from Hiding Donors” by Maggie Severns for Politico

National: “Potential 2020 Candidates Confront the Need for Campaign Cash, and Fewer Sources of It” by Matt Viser for Washington Post

National: “Trump Effect: How out-of-state money fueled Democratic House wins in 2018” by Maureen Groppe and Christopher Schnarrs for USA Today

South Dakota: “Undisclosed Donors Gave $95K in SD Governor Race” by Seth Tupper for Rapid City Journal

Ethics

Connecticut: “Former Access Health CEO, State Contractor Pay to Settle Ethics Violation” by Clarice Silber for Connecticut Mirror

Delaware: “Former Delaware Lawmaker Melanie George Smith’s New Career Draws Complaints of Self-Dealing” by Scott Goss for Wilmington News Journal

Missouri: “Committee Investigating Eric Greitens Releases 2,100 Pages of Documents on New Year’s Eve” by Jack Suntrup and Kurt Erickson for St. Louis Post-Dispatch

Lobbying

Florida: “Lauren Book Proposes ‘Swearing In’ Legislative Speakers” by Jim Rosica for Florida Politics

Redistricting

New Jersey: “New Jersey Is the Latest Battleground in National Redistricting Fight” by Matt Freidman for Politico