May 21, 2020 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance National: “Courts Hamper Efforts to Shine Light on Digital Campaign Ads” by Kenneth Doyle for Bloomberg Law National: “Election Watchdog, Dormant for Months, Can Finally Move into Action” by Rebecca Ruiz for New York Times Montana: “Dark Money […]

May 20, 2020 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “Phantom Super PAC Says It Returned Donations” by Zach Montellaro for Politico Elections California: “San Diego Ballot Measures for Ranked Choice Voting, ‘Clean Elections’ Take Key Step Forward” by David Garrick for San Diego Union Tribune Ethics […]

May 19, 2020 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance National: “Donors Can Now Give $620,600 to Biden and DNC, Expanding Democratic Big-Money Fundraising” by Michelle Ye Hee Lee for Washington Post Oklahoma: “Controversial Oklahoma Bill That Would Have Reversed Campaign Contribution Rules Permanently Killed” by Cassandra Sweetman […]

May 15, 2020 • Written by Jim Sedor

News You Can Use Digest – May 15, 2020

National/Federal Biden Plans to Stay Home, Testing Limits of Virtual Campaign AP News – Bill Barrow and Steve Peoples | Published: 5/12/2020 Joe Biden has no foreseeable plans to resume in-person campaigning amid a pandemic that is testing whether a national […]

National/Federal

Biden Plans to Stay Home, Testing Limits of Virtual Campaign
AP News – Bill Barrow and Steve Peoples | Published: 5/12/2020

Joe Biden has no foreseeable plans to resume in-person campaigning amid a pandemic that is testing whether a national presidential election can be won by a candidate communicating almost entirely from home. The virtual campaign Biden is waging from Wilmington, Delaware, is a stark contrast with President Trump, who is planning travel despite warnings from public health experts about the coronavirus’s spread. It also intensifies the spotlight on how Biden will manage his campaign, with some in his party fretting his still-developing approach is not reaching enough voters.

Court Asks Retired Judge to Oppose Justice Dept. Effort to Drop Michael Flynn Case, Examine Whether Ex-Trump Adviser Committed Perjury
Washington Post – Spencer Hsu, Matt Zapotosky, and Devlin Barrett | Published: 5/13/2020

Michael Flynn’s sentencing judge asked a former federal judge to oppose the Justice Department’s request to dismiss the former Trump national security adviser’s guilty plea and examine whether Flynn may have committed perjury. U.S. District Court Judge Emmet Sullivan’s requested a nonbinding recommendation on whether Flynn should face a criminal contempt hearing for pleading guilty to a crime of which he now claims to be innocent: lying to the FBI in a January 2017 interview about his contacts with Russia’s ambassador to the United States.

Democratic Party Moves Toward Remote Voting for Its Summer Presidential Convention
MSN – Michael Scherer (Washington Post) | Published: 5/12/2020

The Democratic Party opened the door to remote delegate voting for its summer presidential convention, a clear indication the party is moving toward either a scaled-back event or a virtual gathering in August as the coronavirus threat continues to transform the election year. With a vote of the rules and bylaws committee, Democratic National Committee (DNC) leaders agreed to give convention planners broad flexibility to change the structure and tradition of the nominating convention. The proposal passed unanimously, and it will be taken up in the coming weeks for ratification by a vote by mail of the full DNC.

Democrats Accuse Conservatives of a ‘Dark Money’ Bid to Influence Judges
New York Times – Ben Protess and Rebecca Ruiz | Published: 5/12/2020

Some top Democratic senators accused the Federalist Society of supporting a conservative “dark money” campaign to influence the federal judiciary, including who gets selected to become a judge and how he or she rules once on the bench. In a sharply worded letter, the senators said they supported a proposal by a judicial ethics panel that would ban membership among judges in the conservative legal group. The Federalist Society has been instrumental in identifying judicial nominees with legal careers focused on causes that have appealed to Republicans, such as opposition to gay marriage and to government funding for abortion.

Ethics Committee Sitting on Alleged Misconduct Report Due to COVID-19
Roll Call – Chris Marquette | Published: 5/12/2020

The House Committee on Ethics is unable to vote because of the coronavirus pandemic, an impediment that is restricting action on alleged lawmaker misconduct. Until its members can physically reconvene to vote, the ethics panel cannot issue a subpoena, empanel an investigative subcommittee, nor discipline members for conduct unbecoming of the chamber. These actions all require an affirmative vote of a majority of committee members. House Minority Leader Kevin McCarthy that ethics committee work should be done in-person and not use technology, like Zoom, because the material is so sensitive and open to cybersecurity breaches.

Federal Watchdog Backs Reinstating Ousted Vaccine Expert
Politico – Sarah Owermohle | Published: 5/8/2020

A federal watchdog is recommending that ousted vaccine expert Rick Bright be reinstated while it investigates whether the Trump administration retaliated against his whistleblower complaints when it removed him from a key post overseeing the coronavirus response, Bright’s lawyers said Friday. The Office of Special Counsel is recommending that Bright be temporarily reinstated for 45 days as director of the Biomedical Advanced Research and Development Authority, a multibillion-dollar agency that funds companies to develop tests, treatments and vaccines.

Federal Watchdog to Examine Official’s Role in Tribal Fund Distribution
New York Times – Emily Cochrane and Mark Walker | Published: 5/11/2020

A federal watchdog is investigating whether a top Interior Department official – Tara Sweeney, the assistant secretary for Indian Affairs – violated ethics rules when she helped decide how a critical portion of funds for Native American tribes in the $2.2 trillion stimulus law should be distributed. Several tribal governments are suing the federal government over its decision to allow Alaska Native corporations, for-profit businesses that support tribal villages in Alaska, to receive a portion of the $8 billion set aside for tribes. Lawmakers have raised concerns about Sweeney’s involvement in that decision, given she is a shareholder in the Arctic Slope Regional Corporation, the wealthiest of the Alaska Native corporations.

House Democrat Reintroduces Bill to Reduce Lobbyist Influence
The Hill – Alex Gangitano | Published: 5/11/2020

U,S, Rep. Jimmy Gomez reintroduced a bill to reduce the influence of lobbyists and to close the so-called revolving door. The Executive Branch Conflict of Interest Act, would, among other provisions, prohibit former officials who oversaw federal contracts from joining private sector contracting firms and ban senior government officials from lobbying the agencies they worked for two years after leaving the federal government.

House Democrats’ Relief Package Would Give Washington Lobbying Giants Access to Small Business Aid
Center for Responsive Politics – Karl Evers-Hillstrom | Published: 5/13/2020

House Democrats’ newest coronavirus relief proposal would allow influential Washington lobbying groups to access forgivable small business loans. The bill would provide nearly $1 trillion in relief to states, cities, and tribal governments and authorize a second round of direct payments to American families. Buried in the 1,815-page bill is a provision that allows trade associations, unions, and 501(c)(4)s, not just charities, to access coveted small business loans. The legislation sets aside a portion of small business loans specifically for nonprofits with 500 or fewer employees. The Democratic Policy Center found that over 99 percent of trade associations and chambers of commerce have fewer than 500 employees.

Justice Dept. Moves to Drop Case Against Michael Flynn
Washington Post – Spencer Hsu, Devlin Barrett, and Matt Zapotosky | Published: 5/7/2020

The U.S. Justice Department said it is dropping the criminal case against President Donald Trump’s first national security adviser, Michael Flynn, abandoning a prosecution that became a rallying cry for the president and his supporters in attacking the FBI’s Russia investigation. The action was a stunning reversal for one of the signature cases brought by special counsel Robert Mueller. It comes even though prosecutors have maintained Flynn lied to the FBI about his conversations with the Russian ambassador to the U.S. Flynn himself admitted as much, pleading guilty before asking to withdraw the plea, and became a key cooperator for Mueller as the special counsel investigated ties between Russia and the 2016 Trump campaign.

Justices Fear ‘Chaos’ If States Can’t Bind Electors’ Votes
AP News – Mark Sherman | Published: 5/13/2020

U.S. Supreme Court justices invoked fears of bribery and chaos to suggest they think states can require presidential electors to back their states’ popular vote winner in the Electoral College. The justices heard arguments on an unusual voting issue that could have important consequences for the 2020 presidential election in an era of intense political polarization. So-called faithless electors have not been critical to the outcome of a presidential election, but that could change in a contest with a razor-thin margin.

On the Same Day Sen. Richard Burr Dumped Stock, So Did His Brother-in-Law. Then the Market Crashed.
ProPublica – Robert Faturechi and Derek Willis | Published: 5/6/2020

U.S. Sen. Richard Burr was not the only member of his family to sell off a significant portion of his stock holdings in February, ahead of the market crash spurred by coronavirus fears. On the same day Burr sold, his brother-in-law, Gerald Fauth, also dumped tens of thousands of dollars’ worth of shares. In 2017, President Trump appointed Fauth to the three-person panel of the National Mediation Board. Fauth avoided between $37,000 and $118,000 in losses by selling off when he did, considering how steeply the companies’ shares fell in recent weeks.

Pence’s ‘Special Envoy’ in Foreign Aid Office Sparked an Ethics Complaint Just Weeks After He Started His Job
ProPublica – Yageneh Torbati | Published: 5/13/2020

In 2018, an incoming Trump political appointee and ally of Vice President Mike Pence made an unusual suggestion to a United Nations agency whose funding hinged on support from a skeptical Trump administration: he pitched them to do business with one of his private-sector clients. “Might merit your team’s consideration,” Max Primorac wrote in January, weeks before he formally started at the U.S. Agency for International Development (USAID), where he would eventually become an adviser to Pence. The client pitch by an incoming official sparked a complaint a month later from an anonymous State Department official. The U.N. agency, the United Nations Development Program in Iraq, had by then received over $190 million in funding from USAID, the complaint said.

Senate Committee Advances Nomination of FEC Commissioner
Washington Post – Michelle Ye Hee Lee | Published: 5/7/2020

A U.S. Senate committee voted to advance President Trump’s nominee to fill a vacancy on the FEC, which would restore the agency’s ability to conduct official business. The Senate Rules and Administration Committee voted along party lines to nominate James Trainor III and move his nomination to the full Senate. The nomination of Trainor had been in limbo amid questions over his social media postings and a standstill among Senate leaders on the logistics of appointing commissioners. Government transparency groups widely oppose Trainor’s confirmation.

Skadden Said to Have Paid $11 Million to Settle Ukraine Dispute
MSN – Kenneth Vogel (New York Times) | Published: 5/10/2020

Skadden, Arps, Slate, Meagher & Flom paid $11 million to avoid being sued by Yulia Tymoshenko, Ukraine’s former prime minister. The law firm paid the money after Tymoshenko accused it of writing a report that was used to help justify her imprisonment by a political rival, former Ukraine President Viktor Yanukovych. The payments come after Skadden paid $4.6 million to settle an investigation by the Justice Department into whether its work for the Yanukovych government violated foreign lobbying laws. The firm subsequently revealed in it had been paid a total of more than $5.2 million for its work. One of the lawyers who assisted with the report, Alex van der Zwaan, admitted lying to federal investigators year about his communications related to the firm’s work for Yanukovych’s government.

States and Cities with Public Campaign Financing Lead on Paid Sick Leave Policies
Sludge – David Moore | Published: 5/9/2020

In Connecticut, a long-fought battle for paid sick leave resulted in the state becoming the first in the nation to pass a mandate in 2011. According to researchers who interviewed lawmakers and lobbyists, the state’s public financing program for governor and legislative campaigns was instrumental in electing officials who implemented paid sick leave policies. In several other states that have adopted paid sick leave policies, key players responsible for pushing the measures forward participated in the public financing system for their campaigns.

Supreme Court Hears Arguments on Releasing Trump’s Financial Records
MSN – Adam Liptak (New York Times) | Published: 5/12/2020

The very nature of the presidency was under scrutiny at the U.S. Supreme Court as the justices heard arguments on whether House committees and prosecutors may obtain troves of information about President Trump’s business affairs. The court’s ruling could require disclosure of information the president has gone to extraordinary lengths to protect. Or the justices could rule Trump’s financial affairs are not legitimate subjects of inquiry. But some of the justices’ questions raised a third possibility: that the court could return the cases to lower courts for reconsideration under stricter standards. That would have the incidental effect of deferring a final decision beyond the 2020 presidential election.

U.S. Judge Puts Justice Department’s Move to Drop Charges Against Michael Flynn on Hold
MSN – Spencer Hsu and Carol Leonnig (Washington Post) | Published: 5/12/2020

U.S. District Court Judge Emmitt Sullivan said he would allow interested parties to weigh in on Michael Flynn’s case, delaying the Department of Justice’s (DOJ) effort to drop the charges against the former national security adviser. The case was upended recently when the DOJ moved to dismiss its charge against Flynn for lying to the FBI about his conversations with the Russian ambassador to the U.S. in 2016. The attempt to dismiss the case prompted accusations the criminal justice system was caving to political pressure from the Trump administration. Legal experts said the order would permit requiring both sides to produce evidence and revisit the case for and against Flynn.

Canada

Canada – Former Canadian Envoy to Washington Defends Work Pitching for Palantir
Politico – Andy Blatchford | Published: 5/7/2020

Canada’s former ambassador to the U.S., David MacNaughton, says has done nothing wrong in his senior role with the data-analytics firm Palantir amid questions about whether he has been lobbying the top ranks of Prime Minister Justin Trudeau’s government. A member of Parliament is drafting a letter to the federal lobbying regulator following suggestions MacNaughton has been engaging Canadian officials on how Palantir can help with the Covid-19 response. MacNaughton became president of Palantir’s Canadian branch shortly after leaving his envoy’s post last summer. Neither MacNaughton nor Palantir are registered as lobbyists with the Canadian government and, as a former designated public office holder, he is subject to a five-year prohibition on lobbying activities.

Canada – Illegal Lobbyist Donations Not Significant Enough to Warrant Prosecution: Report
Powder River Peak – Graeme Wood | Published: 5/12/2020

Lobbyists and others who violated the Elections Act by filing their company’s donations under their own name will face no consequences. The investigation began in March 2017 in the lead up to British Columbia’s provincial election. A Globe and Mail article spurred the probe by reporting how some lobbyists were donating in their own names but being compensated by their employer, which is illegal. Mitigating factors played a role where there were violations. For instance, police concluded “many of the lobbyists identified in the reports quickly filed corrections with Elections BC, confirming that donations made by corporations or union employees were in fact made by their employees.”

From the States and Municipalities

Arizona – Arizona Supreme Court Rejects Bid by Groups to Gather Online Initiative Petition Signatures
MSN – Andrew Oxford (Arizona Republic) | Published: 5/13/2020

The Arizona Supreme Court will not let initiative campaigns collect signatures online to qualify for the ballot in November, a move several campaigns had urged as a public health precaution as the coronavirus pandemic upended the usual practices of circulating petitions in public places or door-to-door. The court rejected a request by four ballot measure campaigns to use the same website, known as E-Qual, that candidates for state offices use to get signatures for their nominating petitions.

California – Desperate for Coronavirus Help, California Spending Billions on No-Bid Contracts with Little Accountability
Los Angeles Times – Melody Gutierrez, Adam Elmahrek, Ben Poston, and Kim Christensen | Published: 5/7/2020

In a frantic effort to secure face masks and respond to the coronavirus crisis, California has committed to spend more than $3.7 billion on no-bid contracts, scores of them with businesses that have no track record with the state. There have already been examples of questionable deals and alleged fraud across the country. Spending watchdogs acknowledge state governments are under immense pressure to secure medical supplies during times of crisis. But they caution that if officials do not adhere to accepted purchasing protocols, such as dealing only with companies that have direct lines to manufacturers and proven track records in government contracts, they could result in bad deals.

California – L.A. City Hall Corruption: Consultant agrees to plead guilty in bribery scheme
Los Angeles Times – David Zahniser, Emily Alpert Reyes, and Joel Rubin | Published: 5/13/2020

A real estate consultant agreed to plead guilty to a racketeering charge in the ongoing federal “pay-to-play” corruption probe at Los Angeles City Hall. George Chiang will admit to playing a lead role in a scheme in which a Chinese real estate company allegedly bribed a Los Angeles City Council member in exchange for help on a major development project. Under the agreement, Chiang will fully cooperate in the government’s ongoing investigation into cash payments, air travel, free tickets, and other perks prosecutors say were provided to the council member and other city officials.

Florida – In Florida, Felons Must Pay Court Debts Before They Can Vote. But with No System to Do So, Many Have Found It Impossible.
Washington Post – Amy Gardner and Lori Rozsa | Published: 5/13/2020

The promise of an amendment to Florida’s state constitution seemed huge when it was overwhelmingly approved in November 2018: as many as 1.5 million felons previously barred from casting ballots in the state would soon be able to vote. But Republican-backed legislation circumscribing the reach of Amendment 4 had made it virtually impossible for most felons to participate. The law requires felons to pay all court-related fines, fees, and restitution before registering to vote and to swear, under penalty of perjury, that the debts are paid. But a vast number of felons are too poor to pay their fines. And even if they can afford to do so, a patchy system of court records does not always allow them to know what they owe or whether they have paid.

Florida – Lee County Sheriff’s Office Classified Retirement Event Expenses as ‘Career Development’ Training
Fort Myers News-Press – Devan Patel | Published: 5/13/2020

Lee County Sheriff Carmine Marceno and six high-ranking agency members spent thousands of taxpayer dollars earlier this year to attend the retirement celebration of Florida Highway Patrol Chief Derek Barrs, classifying their trip as a training course for “career development”” Between wages, per diems, transportation costs, and lodging, the Lee County Sheriff’s Office used more than $5,000 in public funds for its members to attend the event. Other than the two-hour celebration, no other training or educational purposes were noted or disclosed. Under Florida law, public funds must be spent for a public purpose with past advisory opinions stating expenditures need to be examined on a case-by-case basis.

Idaho – Lobbying Disclosure Complaint Filed Against Ada GOP Chairman
KPVI – Thomas Plank (Idaho Press) | Published: 5/6/2020

Ada County Republican Party Chairperson Ryan Davidson, who is running for a seat on the county commission, is the target of a lobbying disclosure complaint filed with the Idaho Secretary of State’s office. The complaint alleges Davidson has breached a number of disclosure laws, including failing to report lobbying-related expenses for 2018 and for an $11,532 legislative event in 2019, as well as not registering as a lobbyist within 30 days after agreeing to work as one.

Illinois – Judge Rejects Suit Over Ballot Obstacles for Constitutional Amendment
Peoria Journal Star – Rebecca Anzel (Capitol News Illinois) | Published: 5/9/2020

A judge ruled against an Illinois organization that claimed restrictions implemented to combat the coronavirus made it impossible to gather the necessary signatures to place a constitutional amendment on November’s general election ballot. The Committee for the Illinois Democracy Amendment is advocating for a constitutional change that would obligate the General Assembly to take roll call votes on bills proposing “stronger ethical standards for Illinois public officials.” It would also allow residents to propose related bills by submitting a petition with at least 100,000 signatures. The committee’s attorneys argued in a court document that social distancing and stay-at-home restrictions forced voters to weigh their health against their First Amendment rights.

Indiana – Indiana Attorney General’s Law License Suspended for Groping
AP News – Tom Davies | Published: 5/11/2020

Indiana Attorney General Curtis Hill will have his law license suspended for 30 days over allegations he drunkenly groped a state lawmaker and three other women during a party, the state Supreme Court ruled. The decision said the state’s attorney disciplinary commission “proved by clear and convincing evidence that [Hill] committed the criminal act of battery.” But the court gave Hill a less serious punishment than a a suspension of at least 60 days recommended by a hearing officer for his actions during a party marking the end of the 2018 legislative session.

Kentucky – Bill Banning Statehouse Sexual Harassment Fails to Pass, Again
WKYU – Ryland Barton | Published: 5/8/2020

The Kentucky Legislature again declined to pass a bill explicitly banning lawmakers from sexually harassing their employees during this year’s legislative session. The Legislature’s ethics rules do not currently ban sexual harassment, though lawmakers have been punished for harassing employees under a rule that bans misuse of their official positions. House Bill 168 would have defined sexual harassment as an ethical violation and created a process for the Legislative Ethics Commission to review sexual harassment complaints.

Maryland – Super PAC Supporting Baltimore Mayoral Candidate Mary Miller Seeks to Win with White Votes in Majority-Black City
Baltimore Sun – Luke Broadwater | Published: 5/13/2020

A PAC supporting Baltimore mayoral candidate Mary Miller is seeking to win the race by attracting white voters in the majority-black city. In an email sent in recent weeks to potential donors, Martin Knott Jr., treasurer for the Citizens for Ethical Progressive Leadership PAC, laid out the group’s strategy: use negative campaigning to lure white voters away from two candidates regarded by some as Miller’s chief rivals for white voters, former Deputy Attorney General Thiru Vignarajah and city council President Brandon Scott. Miller is the only white candidate among the leading Democratic contenders. Baltimore’s population is about 63 percent black and 30 percent white.

Michigan – Armed Militia Helped a Michigan Barbershop Open, a Coronavirus Defiance That Puts Republican Lawmakers in a Bind
MSN – Moriah Balingit (Washington Post) | Published: 5/12/2020

Members of a militia group, the Michigan Home Guard, stood watch over Karl Manke’s business in case the police came to shut him down. They were determined to reopen his barbershop in defiance of Gov. Gretchen Whitmer’s executive orders designed to fight the coronavirus outbreak in Michigan, one of the nation’s worst hot spots. Protests over Whitmer’s actions forced Michigan’s Republican lawmakers to strike a delicate balance. GOP lawmakers, who hold narrow margins in both the state House and Senate, have tried distancing themselves from the most vocal protesters while being careful not to appear to hew too closely to Whitmer’s shutdown policies.

Missouri – Missouri Lawmakers Send New Redistricting Proposal to Voters
AP News – Summer Ballentine | Published: 5/13/2020

Missouri lawmakers sent a ballot proposal to voters asking them to reconsider their earlier backing of a redistricting system that stresses fairness and competitiveness over everything else. The new plan would ask voters later this year to make those the least important criteria, reversing key parts of the earlier ballot initiative. The proposal is backed largely by Republicans, who argue the 2018 ballot initiative deceptively packaged popular ethics reforms with a redistricting plan that they say will split up communities and lead to gerrymandering. Senate Joint Resolution 38 also includes ethics changes, including a total ban on lobbyist gifts to lawmakers and campaign contribution limits.

Missouri – Probe into Roll Out of Missouri’s Medical Marijuana Expands
AP News – Staff | Published: 5/7/2020

A legislative probe into the roll out of Missouri’s medical marijuana program has expanded into Gov. Mike Parson’s office. A House panel is seeking records involving the governor’s deputy chief of staff, chief operating officer, and a longtime adviser to the governor who has been under FBI scrutiny. The House Special Committee on Government Oversight sent a letter to the Department of Health and Senior Services demanding records of interactions with industry insiders and details on how key decisions were made.

Nevada – Las Vegas Mayor Faces Recall Effort Over Coronavirus Response
Las Vegas Review-Journal – Shea Johnson | Published: 5/6/2020

Las Vegas Mayor Carolyn Goodman is facing a recall effort in the wake of her response to the coronavirus pandemic, including controversial comments she made recently on national television. Former professional poker player Doug Polk filed a notice of intent to circulate a recall petition with the city clerk’s office, the first step in seeking to oust a public official from their seat. From the start of the pandemic, the mayor has resisted measures to slow the spread of the virus. She said statewide business closures would be “total insanity.” But it was her appearances on national television in April that prompted the fiercest criticism.

New Jersey – U.S. Supreme Court Throws Out Bridgegate Convictions, 6 Years After an Epic Traffic Jam
Newark Star Ledger – Ted Sherman (NJ Advance Media) | Published: 5/7/2020

The U.S. Supreme Court threw out the convictions of two government officials implicated in the 2013 Bridgegate scandal, in which then-New Jersey Gov. Chris Christie’s allies schemed to punish a local mayor. The justices said in their unanimous decision that while the scheme involved deception and corruption, it did not violate federal law. The case centered around convictions of Bridget Anne Kelly, a former aide to Christie, and Bill Baroni, a former Port Authority of New York and New Jersey official, for their role in a scheme to close lanes on the George Washington Bridge to create traffic problems for the mayor of Fort Lee, who had refused to endorse Christie’s reelection. They were convicted of fraud for lying about a fake traffic study to justify the lane closures.

North Carolina – The Southern Democrat with the Power to Shut Down Trump’s Convention
Politico – Maya King | Published: 5/8/2020

North Carolina’s Roy Cooper is a Democratic governor, up for reelection in a Republican-leaning Southern swing state, pushing a go-slow approach to reopening the economy as protests intensify and neighboring states move quicker. How the governor handles his state’s reopening will likely dictate whether President Trump and the Republican Party can forge ahead with a full-fledged convention in Charlotte this summer. Trump has been adamant about having a full-scale in-person convention, but as those plans forge ahead, Cooper will have to walk a fine line between protecting and alienating his constituents.

North Dakota – North Dakota Governor Funds PAC Targeting Fellow Republican
AP News – James MacPherson | Published: 5/13/2020

North Dakota Gov. Burgum is helping bankroll a PAC that so far has set its sights on defeating one of the state’s most powerful legislators, a member of his own party. The move to campaign against House Appropriations Committee Chairperson Jeff Delzer in the June primary has drawn criticism that the first-term Republican governor and wealthy former software executive is crossing the separation-of-powers-line by reaching deep into his own pockets to buy a Legislature more obliging to his wishes. Political and election law experts say such a move by a governor to oust a member of his own party is unusual.

Rhode Island – R.I. Ethics Panel Says Ex-IGT Chairman Had Nothing to Gain from Proposed Contract, Despite His 38,000 Shares
Providence Journal – Katherine Gregg | Published: 5/12/2020

A week after dismissing a complaint alleging unethically close ties between Gov. Gina Raimondo and former International Game Technology (IGT) chairperson-turned-lobbyist Donald Sweitzer, the Rhode Island Ethics Commission disclosed its reasoning. The complaint alleged Raimondo violated the state’s ethics code when she negotiated and promoted a stalled 20-year, no-bid extension of IGT’s contract that would potentially benefit a “business associate.” It was filed at a time when Raimondo chaired the Democratic Governors Association (DGA) and Sweitzer was the veteran Democratic fundraiser she chose as DGA treasurer. The commission decided neither had anything personal to gain from the contract extension.

South Carolina – SC Statehouse Corruption Probe Has Concluded but Fight Over Its Methods Rages On
Charleston Post and Courier – Glenn Smith | Published: 5/13/2020

South Carolina’s long-running statehouse corruption probe has apparently run its course, with no new targets in the offing. But the special prosecutor leading the investigation is still taking on critics and defending his decision to allow companies to sidestep prosecution in return for financial payments. First Circuit Solicitor David Pascoe revealed the state grand jury last met on the case about a year ago. No more sessions or indictments are anticipated. The probe will conclude once pending cases are resolved in court, Pascoe said. He also challenged a state Supreme Court justice’s description of the probe as a “prosecutive mess.”

Wisconsin – Wisconsin Supreme Court Strikes Down Wisconsin’s Stay-at-Home Order That Closed Businesses to Limit Spread of Coronavirus
MSN – Molly Beck and Patrick Marley (Milwaukee Journal Sentinel) | Published: 5/13/2020

The Wisconsin Supreme Court sided with Republican legislators and struck down the decision by Gov. Tony Evers to extend a stay-at-home order intended to quell the spread of the coronavirus, marking the first time a statewide order of its kind has been knocked down by a court of last resort. The decision curbed the power of Evers’ administration to act unilaterally during public health emergencies. Although the opinion centered on the technical method by which the limits had been set, several conservative justices conveyed their dismay at the restrictions themselves.

May 14, 2020 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Elections National: “Democratic Party Moves Toward Remote Voting for Its Summer Presidential Convention” by Michael Scherer (Washington Post) for MSN National: “Justices Fear ‘Chaos’ If States Can’t Bind Electors’ Votes” by Mark Sherman for AP News National: “Biden Plans to […]

May 13, 2020 • Written by Carlo Aguja

Delaware Governor Delays Presidential Primary

Gov. John Carney issued the 15th modification of the state emergency declaration due to COVID-19. The modification postpones Delaware’s presidential preference primary from June 2 to July 7. Any elections for school board members scheduled for June 16 will be […]

May 13, 2020 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance Canada: “Illegal Lobbyist Donations Not Significant Enough to Warrant Prosecution: Report” by Graeme Wood for Powder River Peak Elections North Carolina: “The Southern Democrat with the Power to Shut Down Trump’s Convention” by Maya King for Politico Ethics […]

May 12, 2020 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance National: “States and Cities with Public Campaign Financing Lead on Paid Sick Leave Policies” by David Moore for Sludge Elections Illinois: “Judge Rejects Suit Over Ballot Obstacles for Constitutional Amendment” by Rebecca Anzel (Capitol News Illinois) for Peoria […]

May 8, 2020 • Written by Jim Sedor

News You Can Use Digest – May 8, 2020

National/Federal Both Parties Wonder: How much do conventions even matter anymore? MSN – Adam Nagourney and Matt Flegenheimer (New York Times) | Published: 5/4/2020 This year, political conventions may join the list of crowded events like concerts and baseball games forced […]

National/Federal

Both Parties Wonder: How much do conventions even matter anymore?
MSN – Adam Nagourney and Matt Flegenheimer (New York Times) | Published: 5/4/2020

This year, political conventions may join the list of crowded events like concerts and baseball games forced off the stage because of the coronavirus. And it may not matter. Some Democratic leaders are discussing replacing their convention with a virtual gathering, and some Republicans are unsure about holding the big spectacle that President Trump wants. Yet even before the pandemic, a more fundamental debate was playing out: has the American political convention become a ritual holdover from another age? For all the organizing, money, time, and energy poured into an extravaganza of parties, speeches, lobbying, and networking, there is an argument they have become among the less consequential events on the political calendar.

Cash-Starved Candidates Trade Swanky Cocktail Hours for $5K Zoom Meetings
Politico – Elena Schneider and Theodoric Meyer | Published: 5/1/2020

Online fundraising events show that even with coronavirus bearing down, the money machine of electoral politics is still cranking, albeit at a distinctly lower gear and in dramatically different form. Candidates are having to adapt in real time to not only the stilted nature of online interaction but to the sensitivity of asking for money in the midst of a nosediving economy. Recreating the intimacy of big-money events is not easy, but consultants are testing strategies to come as close as they can. Many corporate PACs have preset budgets for donations to lawmakers. The venues where the money gets doled out is less important than ensuring it gets in the right hands.

Joe Biden Denies He Sexually Assaulted a Former Senate Aide, Calls on National Archives to Release Complaint If One Exists
Stamford Advocate – Matt Viser, Annie Linskey, and Sean Sullivan (Washington Post) | Published: 5/1/2020

Presumptive Democratic nominee Joe Biden denied he sexually assaulted a former Senate aide, delivering his first public comments about an allegation that has prompted a collision between the presidential race and the #MeToo movement and forced a difficult reckoning in a party determined to unseat President Trump in November. The allegation has pushed the topic of sexual assault to the forefront of the campaign after a primary cycle that featured a field with multiple female candidates and Biden’s pledge to name a woman as his running mate. Though Biden has prided himself on a long record of promoting women, his campaign also has been marked by struggles as the longtime politician has tried to keep up with cultural shifts reflected within his party.

K Street Requests Taxpayer Bailout of Corporate Lobbyists
The Intercept – Lee Fang | Published: 5/5/2020

K Street may soon have its own taxpayer-funded bailout. Industries as varied as oil refining, construction, fast food restaurants, and chemical manufacturing are seeking federal cash to support their lobbyists in Washington, D.C. Many of the largest lobbying forces are organized under the 501(c)(6) section of the tax code as trade groups. Corporations with similar concerns pool their money together to fund trade groups, which in turn employ thousands of lobbyists to shape elections and legislation. But the Paycheck Protection Program, the centerpiece of the small business rescue program, excluded such organizations. That could change in the next round of stimulus legislation, which Congress is scheduled to debate later this month.

Knock, Knock, Who’s There? No Political Canvassers, for the First Time Maybe Ever
New York Times – Shane Goldmacher | Published: 5/7/2020

For decades, showing up on a voter’s doorstep has been one of the most reliable ways to get people to the polls. Now political parties and candidates that put tens of millions of dollars into training and deploying door knockers are grappling with costly, consequential, and imminent decisions about whether they should even invest in traditional brick-and-mortar infrastructure that powers such operations. In the fall of 2020, volunteers might have to knock on a door and then sprint 10 feet away, making a pitch from a safe social distance. That is one tactic some strategists have floated as they consider a pandemic-safe update to the humble door knock.

Lawmakers Made Hundreds of Stock Transactions During Pandemic, Watchdog Finds
Politico – Alice Miranda Ollstein | Published: 4/29/2020

Republican and Democratic lawmakers have bought and sold stocks hundreds of times throughout the coronavirus pandemic, some of them lucrative moves to invest in industries buoyed by the crisis and divest from sectors like restaurants and hotels that have tanked. From February 2 to April 8 of this year, the Campaign Legal Center found, 12 senators made a combined 127 purchases or sales, while 37 House representatives made at least 1,358 transactions. In most cases, the lawmakers have not been accused of wrongdoing, but the watchdog group says the frequency of such stock trades underscores the need for more transparency and ethics protections, particularly in a time of crisis.

Push to Revive FEC Could Curb Court Action on Campaign Finance
Bloomberg Government – Kenneth Doyle | Published: 5/6/2020

Advocates of stricter campaign finance law enforcement fear a Senate Republican push to restore a quorum on the FEC could thwart their ability to pursue alleged violations in court. The Senate Rules and Administration Committee is expected to advance James Trainor to fill a GOP vacancy on the panel. With his confirmation, an equally divided FEC could resume its pattern of deadlocking on enforcement cases, leading to dismissal of alleged violations of disclosure requirements and other campaign finance laws, says a watchdog. FEC staff lawyers would also be able to defend such dismissals in court and prevent alleged violators from being sued, said Adav Noti, chief of staff at the Campaign Legal Center.

Secret Service Paid Trump’s D.C. Hotel More Than $33,000 for Lodging to Guard Mnuchin in ’17
Seattle Times – David Fahrenthold, Joshua Partlow, Josh Dawsey, and Carol Leonnig (Washington Post) | Published: 4/30/2020

The Secret Service rented a room at President Trump’s Washington, D.C. hotel for 137 consecutive nights in 2017, paying Trump’s company more than $33,000, so it could guard Treasury Secretary Steven Mnuchin while he lived in one of the hotel’s luxury suites. The Washington Post has identified dozens of instances where the Secret Service paid money to Trump’s businesses, spending taxpayer dollars, often with little or no disclosure at the time. Often, these payments were triggered by Trump’s own travel to his properties. This case is different because it was set in motion by Mnuchin, one of Trump’s top appointees. In 2017, he chose a living arrangement that produced two revenue streams for Trump’s company. One came from Mnuchin. The other came from taxpayers.

Should News Organizations Take Coronavirus Bailout Loans? While Some Fear a Conflict of Interest, Many Are Desperate for Cash
Greenwich Times – Paul Fahri (Washington Post) | Published: 4/29/2020

As advertising has collapsed, a handful of news organizations have taken the once unthinkable step of turning to the government for a lifeline. Media companies have traditionally resisted any such financial relationship, viewing it as a serious conflict-of-interest: how could they commit to independent and aggressive coverage of a government they are accepting money from? Some news companies that have snagged loans have had no such qualms amid layoffs, furloughs, and pay cuts that have slammed the industry. A coalition of newspaper and television trade groups is even lobbying Congress and President Trump to expand the program to include some of the industry’s biggest players, which have been ineligible for bailout money.

Southern Company’s Lobbying Disclosures Obscure State-Level Information from Investors, Public
Energy and Policy Institute – Daniel Tate | Published: 4/30/2020

Southern Company’s sparse disclosures have enabled lobbying activity that has conflicted with the policy objectives the utility company has espoused to investors and the public. Southern has actively lobbied against environmental regulations and action on climate change at the federal level. The company’s state-level disclosures offer almost no indications of whether its state lobbying follows its federal pattern or aligned with Southern’s stated corporate “low- to no-carbon” goals. Investors have led calls for the company to increase its lobbying disclosures, particularly at the state level, in light of its substantial federal lobbying. Southern has opposed shareholders’ calls for increased transparency.

The Bizarro Tale of a Phantom Super PAC – and Our Sleuthing to Find It
Politico – Zach Montellaro | Published: 5/5/2020

A new super PAC made a splashy entrance onto the U.S. Senate battleground scene recently, reporting millions of dollars in spending backing Democrats in key races. There is just one problem: the ads do not exist. Americans for Progressive Action USA filed reports showing more than $2.5 million in advertising and associated costs. But six ad makers and advertising platforms listed in the filings said they have never heard of the super PAC and have no records of doing business with the group. It is not unheard of for people to make false filings with the FEC. But more than a dozen political operatives and campaign finance watchdogs contacted for this story were baffled why someone would file apparently made-up spending reports.

The ‘New Normal’ Takes Shape on Capitol Hill
The Hill – Scott Wong and Mike Lillis | Published: 5/4/2020

Lawmakers hoping for a return to pre-coronavirus life on Capitol Hill might find themselves waiting awhile. The pandemic has already upended daily routines and legislative calendars during the extended recess, forcing lawmakers to adapt to Zoom hearings and cloistered campaigning. But now Congress’s leading medical authority is warning the upheaval will extend to virtually all facets of life in the Capitol complex, and those changes are likely to last years. For lawmakers and their staffs, that means life when they resume a more regular schedule in Washington will be, in many aspects, almost unrecognizable.

Trump Sparks Fight Over IRS Relief Payments
The Hill – Naomi Jagoda | Published: 5/2/2020

President Trump has sparked concerns about politicizing the IRS by putting his name on the coronavirus relief checks and letters sent to Americans informing them of their payments. The moves are seen as a way for Trump to take credit for the pandemic aid that households are receiving just months before an election where his handling of the outbreak and the economic damage it has caused will play a prominent role. While presidents regularly tout their economic policies, critics say Trump’s actions unnecessarily inject partisanship into a government agency that should be viewed as nonpartisan. They also argue his move could backfire politically.

Virus Whistle-Blower Says Trump Administration Steered Contracts to Cronies
MSN – Sheryl Gay Stolberg (New York Times) | Published: 5/5/2020

A federal scientist who says he was ousted from his job amid a dispute over an unproven coronavirus treatment pushed by President Trump said top administration officials repeatedly pressured him to steer millions of dollars in contracts to the clients of a well-connected consultant. Rick Bright, who was director of the Department of Health and Human Services’ Biomedical Advanced Research and Development Authority until his removal in April, said in a whistleblower complaint that he had been protesting contract abuse since 2017. Questionable contracts have gone to “companies with political connections to the administration,” the complaint said, including a drug company tied to a friend of Jared Kushner’s, President Trump’s son-in-law and senior adviser.

Well-Connected Trump Alumni Benefit from Coronavirus Lobbying Rush
MSN – Michelle Ye Hee Lee, Tom Hamburger, and Anu Narayanswami (Washington Post) | Published: 4/30/2020

As businesses lobby Washington for a piece of the massive federal response to the global pandemic, a group of former Trump administration officials and campaign alumni are in the center of the action, helping private interests tap into coveted financial and regulatory relief programs. Businesses hit hard by the virus and health-care manufacturers seeking approval for their products have rushed to hire Trump alumni, who are leveraging their connections in a variety of ways. In all, at least 25 former officials who once worked for the Trump administration, campaign, or transition team are now registered as lobbyists for clients with coronavirus needs. The activity shows how, despite Trump’s repeated claim he would “drain the swamp,” his former aides and onetime administration officials have embraced Washington’s lobbying world.

Why Biden’s Choice of Running Mate Has Momentous Implications
MSN – Jonathan Martin and Alexander Burns (New York Times) | Published: 5/3/2020

The vice-presidential selection process has usually had an air of cloak-and-dagger to it. The party’s nominees would say little about their thinking, the would-be running mates would reveal even less, and an elaborate game of subterfuge would unfold that mostly captivated political insiders and usually had little bearing on the election. But a convergence of forces has transformed Joe Biden’s search for a running mate on the Democratic ticket. His pledge to pick a woman immediately limited the pool of potential candidates and intensified the competition. Biden himself has increasingly pushed into the political foreground the overwhelming reason his choice may be the most consequential in decades: the expectation that the 77-year-old would be a one-term president.

Will Americans Lose Their Right to Vote in the Pandemic?
New York Times – Emily Bazelon | Published: 5/5/2020

The April 7 election in Wisconsin showed the coronavirus pandemic can block access to the ballot just as it has closed stores and schools and so much other civic activity. “Ultimately, there were no provisions, no accommodations in state law for the pandemic when it came to our administration of this election,” said Neil Albrecht, executive director of the Milwaukee Election Commission. If states and the federal government do not do more to help voters in November, the barriers for some of them may be insurmountable. The outcome of the presidential contest will most likely be decided in a handful of swing states. But only one swing state is already set up for most people to vote by mail.

Canada

Canada – Ontario Allowing ‘Secret Lobbying’ Amid COVID-19: Critic
National Post – Emma McIntosh | Published: 5/1/2020

The Ontario government is allowing businesses to do “secret lobbying” by inviting them to ask for temporary law changes during the coronavirus pandemic, Democracy Watch says. The Progressive Conservative government, which was elected on promises to reduce red tape, announced it would open an online portal where businesses could ask for regulation or rule changes to help them weather the pandemic. Democracy Watch, a non-profit which advocates for government accountability, said that portal is an invitation to use a loophole in Ontario’s lobbying rules, which is especially worrying given the government’s temporary rollbacks of some environmental protections.

From the States and Municipalities

California – Dem vs. Dem: Do fractures in California presage a Democratic Party crack-up?
Politico – Jeremy White | Published: 5/5/2020

In modern California politics, the critical fault line is not between Democrats and Republicans. It is between Democrats, thanks to an election system that allows two Democrats to advance out of primaries and collide in the general election. There is no other state where Democrats wield the absolute power the party enjoys in California. Before 2011, when the state replaced party primaries with a general primary after which the top two vote-getters square off in the general election, establishment-backed Democrats running in safe seats could often sail to assured victories; now, they often find themselves fighting for their political lives against a rival from their own party.

Colorado – Demoted Denver Firefighter Tried to Pass Off Hot Tub, Leather Sofa as Medical Expenses
Denver Post – Shelly Bradbury | Published: 5/5/2020

A Denver Fire Department lieutenant who fell through a floor and broke his hip while fighting a fire in 2016 subsequently tried to pass off purchases of a hot tub, stove, specialty mattress, and seven-piece leather sofa as medical expenses, according to a disciplinary action letter from the city Department of Public Safety. Lt. Demetrius Granado was demoted to the rank of firefighter first-grade and technically fired for his actions, although the firing will not take effect if he does not violate the fire department’s rules for two years.

Florida – Florida Concedes It Has No Plan on Felon Voting
Tampa Bay Times – Dara Kam | Published: 5/6/2020

U.S. District Court Judge Robert Hinkle decided more than six months ago that Florida cannot deny the right to vote to felons who have served their time behind bars and are genuinely unable to pay “legal financial obligations” as required by a controversial state law passed last year. But as a trial in a challenge to the law draws to a close, a top Florida elections official told the judge the state has not settled on a process that will carry out his ruling and permit people who cannot afford to pay their court-ordered debts to vote.

Georgia – GBI Opens Criminal Investigation into DA’s Nonprofit Funds
Lexington Herald-Leader – Associated Press | Published: 5/6/2020

The Georgia Bureau of Investigation launched a criminal probe into a district attorney accused of using at least $140,000 in city of Atlanta money paid to a nonprofit to supplement his own salary. The state ethics commission filed a complaint against The Georgia Ethics Commission filed a complaint against Fulton County District Attorney Paul Howard, accusing him of violating public disclosure laws.

Hawaii – Honolulu Ethics Commission OKs Gifts for First Responders
Honolulu Star Advertiser – Gordon Y.K. Pang | Published: 5/2/2020

The Honolulu Ethics Commission voted to allow city police officers and other first responders to accept gifts from the public that are considered :tokens of aloha and acts of kindness” for the duration of the coronavirus outbreak. The temporary change in ethics guidelines was triggered by the surge in public support for those on the front lines of the battle to stem the outbreak. The change applies only to police officers, firefighters, paramedics, and lifeguards employed by the city, since other first responders are outside the jurisdiction of the commission.

Idaho – Belated Campaign Finance Report Filed by Pro-Gun Group
Idaho Falls Post-Register – Betsy Russell (Idaho Press) | Published: 4/28/2020

After a campaign finance complaint was referred to the Idaho attorney general for investigation, Greg Pruett of the Idaho 2nd Amendment Alliance belatedly filed a campaign finance report on his television ad campaign in favor of Rep. Christy Zito, who is running for the state Senate. Pruett acknowledged that under Idaho law, he was required to file a report and disclose his donors of $50 or more when he distributed an “electioneering communication” that “unambiguously refers to any candidate,” and was sent out within 30 days before a primary election.

Iowa – Court Upholds Dismissal of Suit Over Iowa Governor’s Flight
AP News – David Pitt | Published: 5/1/2020

The Iowa Supreme Court upheld the dismissal of a lawsuit filed by an attorney who challenged a 2017 flight that Gov. Kim Reynolds and her family took on a private jet to a football game in Memphis, Tennessee Gary Dickey filed a complaint with the Iowa Ethics and Campaign Disclosure Board, alleging the $2,880 claimed for four seats on the private jet in campaign disclosure documents underestimated the flight’s value by thousands of dollars. The plane was owned by a company that has contracts with the state.

Maryland – Progressive Maryland Files Complaint Against Super PAC Backing Baltimore Mayoral Candidate Mary Miller
Baltimore Sun – Talia Richman | Published: 5/5/2020

A nonprofit advocacy group filed an ethics complaint with the Maryland elections board, alleging campaign finance violations by a super PAC that is backing Baltimore mayoral candidate Mary Miller. The Citizens for Ethical Progressive Leadership PAC was established April 30, state records show, and is supporting Miller. The group recently circulated a memo describing a poll by Garin-Hart-Yang Research Group of 500 likely Democratic primary voters, conducted April 13 to 16. Progressive Maryland’s complaint says the date of the poll signals a campaign finance violation.

Mississippi – MS Welfare Scandal Audit: Money went to cars, family, paying Brett Favre for speeches he never gave
Jackson Clarion-Ledger – Luke Ramseth | Published: 5/4/2020

Money meant to help poor Mississippians was instead used to buy expensive cars, sponsor a college baseball tournament, hire family members of a top state official, and pay Brett Favre for speeches he never gave, according to a report from State Auditor Shad White. The audit of the Mississippi Department of Human Services (DHS) shows how federal welfare grant funds flowed from DHS into two nonprofits, which then frequently spent the cash in inappropriate or suspicious ways. More than $94 million in welfare money spending was “questioned” by auditors, according to the report, alleging either outright misspending or lack of documentation showing it was spent properly.

Nevada – Ethics Complaint ‘Credible’ Against Ex-Las Vegas Planning Official
Las Vegas Review-Journal – Shea Johnson | Published: 5/1/2020

Former Las Vegas Planning Commissioner Christina Roush voted several times on short-term rental applications presented by a City Hall lobbyist but failed to disclose that lobbyist had also reportedly been hired by her husband to secure a similar permit. Now Roush will have to attend ethics training if she returns to the public sector within two years under a proposed agreement with a state ethics panel. The panel, consisting of three members of the Nevada Commission on Ethics, recently said there was “credible evidence” for the full commission to weigh in on the accusations that Roush violated two conflict-of-interest laws by voting on short-term rental applications presented by lobbyist Nathan Taylor through much of 2018.

New Jersey – Juul Donated to New Jersey Politicians Even as They Considered Vaping Restrictions
Politico – Matt Freidman | Published: 5/4/2020

As New Jersey lawmakers considered restrictions on vaping products, a leading e-cigarette maker donated to political organizations with close ties to both state Senate President Steve Sweeney and Gov. Phil Murphy. The donations from Juul Labs came even after Sweeney called for a ban on all vaping products and then pushed a bill that would severely restrict their sales in New Jersey. Juul’s $7,500 donation to General Majority, a Sweeney-tied super PAC, was dated less than two weeks after the Legislature passed a Sweeney-backed bill that could have banned the company’s products from store shelves, and three days after Murphy vetoed it.

New York – New York Must Hold Democratic Presidential Primary, Judge Rules
New York Times – Sean Sullivan and Nick Corasaniti | Published: 5/5/2020

A federal judge ordered elections officials in New York state to hold its Democratic primary election in June and reinstate all qualifying candidates on the ballot. The ruling came after the presidential primary was canceled over concerns about the coronavirus. Douglas Kellner, co-chairperson of the New York Board of Elections, said the board was “reviewing the decision and preparing an appeal. “The initial move to cancel the presidential primary sowed confusion around the state; though the statewide presidential primary was canceled, dozens of local elections were not, leaving some candidates and political operatives nervous that voters might presume the entire primary had been called off.

North Carolina – Should NC Politicians Be Banned from Paying Themselves Rent with Campaign Money?
Raleigh News and Observer – Will Doran | Published: 4/30/2020

The North Carolina State Board of Elections is considering whether politicians should be able to use their campaign donors’ money to pay for a home they already own after the board previously signed off on such arrangements. Specifically, the potential rule change would ban politicians from using their campaign funds to pay the rent or mortgage of any residence owned by them or a family member. If state officials do decide to ban such practices, it would appear to be a change aimed one of the most powerful politicians in the state, Senate leader Phil Berger.

Ohio – Ohio Elections Chief Pushes for Changes Before Fall Vote
AP News – Julie Carr Smyth | Published: 5/5/2020

Ohio needs to take the application process for mail-in ballots online, agree to pay postage on return applications and ballots, and make other voting-law changes in order to assure a smooth presidential election in November, the state’s top elections official said. Secretary of State Frank LaRose said he has begun lobbying lawmakers on the need to act quickly. The state’s primary election was postponed from March 17 to April 28 due to the public health threat posed by the coronavirus. The experience spotlighted several weaknesses in Ohio’s vote-by-mail system, already criticized as cumbersome of some voting-rights groups.

Ohio – Ohio House Republicans Move to Limit Health Director Amy Acton’s Authority
Cleveland Plain Dealer – Seth Richardson | Published: 5/6/2020

The Ohio House moved to strip state Department of Health Director Dr. Amy Acton’s authority to issue lasting state orders, a direct attack on Gov. Mike DeWine and his response to the coronavirus pandemic. House Republicans amended and passed a 2019 regulatory reform bill that would limit health department orders to 14 days. Under the amended Senate Bill 1, an order could only be extended if it receives approval from the Joint Committee on Agency Rule Review. Republicans said they were trying to check the governor’s power through legislative oversight, saying Acton’s authority was too broad.

Oregon – Campaign Finance Limits Lose Twice in Oregon
Oregon Public Broadcasting – Rebecca Ellis and Jeff Mapes | Published: 5/1/2020

Backers of strict curbs on campaign money in Oregon lost twice in their attempt to quickly impose limits on donations to candidates for public office. The actions, involving limits at the statewide level and in Portland’s mayoral campaign, came after the Oregon Supreme Court ruled strict limits do not violate state constitutional protections on freedom of expression. In doing so, the court reversed a long-standing ruling barring limits on political donations.

South Carolina – SC Supreme Court Rules Against Statehouse Probe Prosecutor’s Call to Reverse Plea Deal
Charleston Post and Courier – Andy Shain | Published: 5/6/2020

The special prosecutor in South Carolina’s statehouse probe was dealt a blow when the state Supreme Court ruled against his efforts to throw out a guilty plea by a former lawmaker. The court also says it has questions about how First Circuit Solicitor David Pascoe was able to get $352,000 from businesses and state agencies to avoid prosecution in the investigation. The case led to guilty pleas and convictions of five lawmakers and effectively ended one of South Carolina’s most influential political consulting firms.

South Dakota – Ethics Board Dismisses Complaint Against Councilor After Trip to Republican Convention
Sioux Falls Argus Leader – JoeSneve | Published: 4/30/2020

The Sioux Falls Board of Ethics will not decide if a city councilor broke the rules by accepting an expense-free trip to a conference of Republican municipal and county officials. Last October, Councilor Greg Neitzert, along with Mayor Paul TenHaken, attended the group Community Leaders of America’s convention in Dallas. The trip recently became the subject of scrutiny when Sioux Falls resident John Cunningham filed an ethics complaint against Neitzert, alleging he violated the city’s ethics rules when Community Leaders of America covered expenses for airfare and hotel stays.

Tennessee – Media Groups Sue Campaign Finance Board Over Email Vote, Contend Violation of Open Meetings Law
The Tennessean – Joel Ebert | Published: 4/29/2020

A coalition of media organizations filed a lawsuit against a state panel for violating Tennessee’s open meetings law. The lawsuit stems from the Tennessee Registry of Election Finance’s decision to reduce previously issued fines against state Rep. Joe Towns. According to the suit, the email vote violated the state’s Open Meetings Act, as well as an executive order from Gov. Bill Lee seeking to allow government agencies to conduct business electronically during the ongoing coronavirus pandemic.

Texas – Texas AG Helped Donor Fight Virus Lockout
AP News – Paul Weber and Jake Bleiberg | Published: 4/29/2020

When a small county in Colorado banished everyone but locals to blunt the spread of the coronavirus, an unlikely outsider raised a fuss: Texas Attorney General Ken Paxton, who called it an affront to Texans who own property there and pressed health officials to soften the rules. A review shows Paxton’s moves stood to benefit an exclusive group of Texans, including a Dallas donor and college classmate who helped Paxton launch his run for attorney general and had spent days trying to get a waiver to remain in his $4 million lakeside home. Robert McCarter’s neighbors in the wealthy Colorado enclave of Crested Butte are also Paxton campaign contributors, including a Texas oilman who has given Paxton and his wife, state Sen. Angela Paxton, more than $252,000.

Wisconsin – Conservative Justices Appear Skeptical of ‘Safer at Home’ Extension
Madison.com – Ed Treleven | Published: 5/5/2020

The Wisconsin Supreme Court’s conservative justices expressed skepticism about the authority of a cabinet secretary to extend Gov. Tony Evers’ “safer at home” order for controlling the spread of COVID-19. “Isn’t it the very definition of tyranny for one person to order people to be imprisoned for going to work, among other ordinarily lawful activities?” asked Justice Rebecca Bradley. Republican lawmakers are seeking to suspend the Department of Health Services’ extension of the order to May 26. Opponents say it has wrecked the state’s economy. Proponents counter that Wisconsin’s infection rate would be much higher if nothing had been done. One justice likening the restrictions to the World War II Japanese internment camps.

Wisconsin – Unexpected Outcome in Wisconsin: Tens of thousands of ballots that arrived after Election Day were counted, thanks to court decisions
MSN – Amy Gardner, Dan Simmons, and Robert Barnes (Washington Post) | Published: 5/3/2020

In early April, Wisconsin voters navigated a number of rule changes governing the state’s spring elections as officials tussled over the risks of the coronavirus, prompting a backlog of absentee ballot requests and fears that many would not be able to participate. But in the end, tens of thousands of mail ballots that arrived after the April 7 presidential primaries and spring elections were counted by local officials, the unexpected result of last-minute intervention by the U.S. Supreme Court. What happened in Wisconsin has potentially far-reaching implications as the two parties square off in courtrooms across the country, hoping to notch legal victories that will shape the electorate in their favor before November.

May 7, 2020 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance National: “The Bizarro Tale of a Phantom Super PAC – and Our Sleuthing to Find It” by Zach Montellaro for Politico Maryland: “Progressive Maryland Files Complaint Against Super PAC Backing Baltimore Mayoral Candidate Mary Miller” by Talia Richman […]

May 6, 2020 • Written by Carlo Aguja

New York District Judge Orders Presidential Primary to be held in June

On May 5, United States District Court Judge Analisa Torres for the Southern District of New York ruled the New York Board of Elections must hold a presidential primary and include previously qualified candidates on the ballot, including Sen. Bernie […]

May 6, 2020 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “Cash-Starved Candidates Trade Swanky Cocktail Hours for $5K Zoom Meetings” by Elena Schneider and Theodoric Meyer for Politico New Jersey: “Juul Donated to New Jersey Politicians Even as They Considered Vaping Restrictions” by Matt Freidman for Politico […]

May 5, 2020 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Elections Wisconsin: “Unexpected Outcome in Wisconsin: Tens of thousands of ballots that arrived after Election Day were counted, thanks to court decisions” by Amy Gardner, Dan Simmons, and Robert Barnes (Washington Post) for MSN Ethics National: “Lawmakers Made Hundreds of […]

May 1, 2020 • Written by Jim Sedor

News You Can Use Digest – May 1, 2020

National/Federal Democrats Press General Services Administration Over Trump Hotel Payments Greenwich Time – Jonathan O’Connell, David Fahrenthold, and Joshua Partlow (Washington Post) | Published: 4/24/2020 Congressional Democrats are pressing the General Services Administration for information about President Trump’s District of Columbia […]

National/Federal

Democrats Press General Services Administration Over Trump Hotel Payments
Greenwich Time – Jonathan O’Connell, David Fahrenthold, and Joshua Partlow (Washington Post) | Published: 4/24/2020

Congressional Democrats are pressing the General Services Administration for information about President Trump’s District of Columbia hotel lease after Trump’s company said it asked the federal government to include it in any accommodations it may make for private tenants during the coronavirus shutdown. The letter is the latest attempt by congressional Democrats to prevent Trump from using his administration to benefit his business, which he owns but which his adult sons are running while he is in office. The renewed oversight comes at a time when the Trump Organization, like virtually all hotel and golf companies in the country, has seen business plummet to a small fraction of what it was due to shutdowns from the pandemic, and has been looking to cut costs.

Donna Shalala, on Coronavirus Oversight Board, Pays Fine for Not Revealing Stock Sales
Miami Herald – Alex Daugherty | Published: 4/28/2020

U.S. Rep. Donna Shalala, who admitted she broke federal law requiring the disclosure of stock sales, will pay a $1,200 fine for six violations because she failed to report hundreds of transactions made last year by a broker setting up a blind trust. A report details 556 stock transactions made by Shalala n in 2019. She did not make any stock transactions in 2020. There is no indication Shalala engaged in insider trading, though her stock holdings on her previous financial disclosure, from 2018, led to criticism that her portfolio conflicted with her work on an oversight committee set up oversee $500 billion in taxpayer money being used for coronavirus-related payouts to large businesses.

Government Watchdog Seeks Ethics Investigation of Jared Kushner’s ‘Shadow’ Coronavirus Task Force
MSN – Jerry Lambe (Law & Crime) | Published: 4/28/2020

In a letter to the Office of Government Ethics, Citizens for Responsibility and Ethics in Washington asked the agency to conduct a review of whether members of a coronavirus task force overseen by Jared Kushner have complied with the disclosure obligations and conflict-of-interest restrictions required of special government employees under federal law. Kushner in March formed his own “shadow” coronavirus task force, separate from the official effort headed by Vice President Mike Pence, composed largely of private sector advisors whose primary focus was supposed to be expanding access to testing and acquiring life-saving personal protective equipment.

How a Digital Ad Strategy That Helped Trump Is Being Used Against Him
New York Times – Nick Corasaniti | Published: 4/28/2020

In the fast-paced world of digital advertising, the availability of real-time data beyond mere engagement is fairly small, leaving campaigns with a patchwork of clicks, old polling, and hunches to assess the impact of the millions of dollars they are spending on digital platforms. Facebook, with about 220 million users in the country, remains the central digital vehicle for reaching Americans who are spending more time online during the coronavirus pandemic. The pandemic has also forced campaigns to rely on a nearly entirely digital infrastructure, from fundraising to organizing to persuasion. Having fresh data to inform campaign arguments online is essential. A real-time testing project aims to help fill that gap.

Judges Worry Trump Position on McGahn Testimony Could Force Congress into Extreme Measures
Politico – Josh Gerstein and Kyle Cheney | Published: 4/28/2020

A federal appeals court in Washington, D.C. expressed skepticism about the Trump administration’s claim that Congress can never go to court to enforce its oversight and spending powers. The discussion occurred as lawyers for the U.S. House and Justice Department sparred over efforts by Democrats to force former White House counsel Don McGahn to testify about his knowledge of alleged wrongdoing by Trump. Throughout the arguments, judges raised concerns about whether cutting off the courts to Congress would remove any incentive for future presidents to cooperate or negotiate with lawmakers trying to check executive power.

Pollo Tropical, Which Employs Florida Congresswoman’s Husband, Gets Small Biz Loan
Miami Herald – Alex Daugherty | Published: 4/23/2020

The publicly traded parent company of Miami restaurant chain Pollo Tropical, which employs the husband of U.S. Rep. Debbie Mucarsel-Powell as an executive, received a taxpayer-funded loan intended for small businesses affected by the coronavirus pandemic. Fiesta Restaurant Group, with more than 10,000 employees, was granted a $10 million Paycheck Protection Program loan, money that does not have to be paid back if it is used to keep employees on the job. Fiesta said it is “currently reviewing” the money to determine whether it is appropriate to keep it in light of new Treasury Department guidelines that will prevent most publicly-owned large companies from receiving loans.

Sen. Richard Burr Is Not Just a Friend to the Health Care Industry. He’s Also a Stockholder.
ProPublica – Robert Faturechi and Derek Willis | Published: 4/28/2020

In his 15 years in the U.S. Senate, Richard Burr has been one of the health care industry’s staunchest friends, advocated for legislation to benefit the industry. Burr also trades in and out of the industry’s stocks. Since 2013, he and his wife bought and sold between $639,500 and $1.1 million of stock in companies that make medical devices, equipment, supplies, and drugs. With weak laws and little oversight, such trading rarely trips any wires. Burr is also one of the Senate’s biggest beneficiaries of the industry’s largesse. Medical companies, trade groups, and their executives and lobbyists regularly donate to his political committees.

Spotify and Text-a-Thons: How the census is reaching out during coronavirus
Poilitico – Maya King and Danielle Muoio | Published: 4/23/2020

As the coronavirus bears down on cities and states across the nation, the Census Bureau has scrubbed in-person get-out-the-count work in favor of ad buys on Spotify, thousand-person text-a-thons, and virtual speakers series. But despite an extensive statistical database and h$500 million ad strategy to get a proper count, local officials warn millions could still slip through the cracks. The people who are not counted can lose political representation at both the state and federal levels. Legislative and congressional districts are drawn based on population, and the areas where people are hardest to count skew Democratic.

Start-Ups Pursue ‘Free Money’ with Relief Funds, Prompting Backlash
MSN – Erin Griffith and David McCabe (New York Times) | Published: 4/27/2020

Scrutiny of the Paycheck Protection Program, the $349 billion plan to save jobs at small businesses during the coronavirus outbreak, has reached technology start-ups. While many of these young companies have been hurt by the pandemic, they are not ailing in the same way that traditional small businesses are. Many mom-and-pop enterprises, which tend to employ hourly workers and operate on razor-thin margins, are shutting down immediately because of economic pain. But start-ups, which last year raised more than $130 billion in funding, have sometimes turned to the government loans not for day-to-day survival but simply to buy useful time. The start-up rush to tap the finite pool of government aid has stirred debate in Silicon Valley over whether these companies should have applied.

Supreme Court Casts Some Doubt on Whether It Should Settle Trump’s Fight with Congress Over His Finances
Washington Post – Robert Barnes | Published: 4/28/2020

The U.S. Supreme Court called for additional briefing on whether the court was authorized to settle a dispute about congressional subpoenas for President Trump’s financial records. The case is set to be argued May 12, and briefing was completed weeks ago. So the order from the court caught lawyers by surprise and raised at least the possibility the justices were looking for a way to avoid deciding the case’s merits. It may also be less dramatic than that. The request could reflect the interest of just one or a small group of the nine justices. Trump has raised sweeping arguments that the president is protected from investigation by congressional committees and, separately, a New York district attorney. The lower courts are considering the power of Congress to demand executive branch compliance with its investigations.

Thousands of Candidates Reinventing Politics on the Fly for the Age of Pandemic
MSN – Michael Scherer (Washington Post) | Published: 4/26/2020

There is a new reality for political professionals across the country as the social distancing clampdown has transformed the art and logistics of politicking. While much of the attention has focused on former Joe Biden, the presumptive Democratic nominee, hunkering down in his basement to record his podcast, or President Trump seeking to monopolize the evening television airwaves, Covid-19 has transformed all corners of the political universe. Local candidates and name-brand leaders alike have been forced to abandon rallies, community centers, and campaign offices. Volunteers, organizers and operatives have been quarantined into virtual meetings, letter-writing campaigns, and mobile-texting blitzes. Entire organizations have pivoted to meet the moment.

Trump Allies Highlight New Claims Regarding Allegations Against Biden
MSN – Matt Viser (Washington Post) | Published: 4/27/2020

Some allies of President Trump pointed to new claims by a woman who said she was told about sexual assault allegations against Joe Biden decades ago, renewing attention to questions about the past behavior of the presumptive Democratic presidential nominee. Apparent corroboration recently for elements of two accusations made by Biden’s former Senate aide Tara Reade, one involving harassment and the second a sexual assault. Biden has not commented on the allegations, but his campaign has denied them and pointed to his record on women’s rights and promotion of women in his offices.

Trump Appointees Manipulated Agency’s Payday Lending Research, Ex-Staffer Claims
New York Times – Nicholas Confessore and Stacy Cowley | Published: 4/29/2020

Last summer, on his final day of work at the nation’s consumer finance watchdog agency, a career economist sent a colleague a blunt memo. He claimed that President Trump’s appointees at the Consumer Financial Protection Bureau had manipulated the agency’s research process to justify altering a 2017 rule that would have curtailed high-interest payday loans. The departing staff member, Jonathan Lanning, detailed several maneuvers by his agency’s political overseers that he considered legally risky and scientifically indefensible, including pressuring staff economists to water down their findings on payday loans and use statistical gimmicks to downplay the harm consumers would suffer if the payday restrictions were repealed.

Under Pressure, House Leaders Scrap Plans for Speedy Return to the Capitol
New York Times – Emily Cochrane and Nicholas Fandos | Published: 4/28/2020

Democratic leaders scrapped a plan to call the U.S. House back into session in the near future, abruptly reversing themselves after some rank-and-file lawmakers complained that doing so constituted an unnecessary risk as coronavirus continues to spread in the capital and throughout the country. The delay will give House leaders more time to try to reach a bipartisan agreement on rules changes that would allow remote voting and hearings for the first time in history. Democratic leaders were hoping to build Republican support for their plan to permit lawmakers who could not or did not want to travel to Washington during the pandemic to designate another member to vote by proxy in their stead.

Canada

Canada – Alberta Premier Cleared in Ethics Probe Tied to Firing of Election Commissioner
National Post – Canadian Press | Published: 4/27/2020

Alberta’s ethics commissioner rejected accusations that Premier Jason Kenney and his United Conservative caucus broke the rules when they fired an election official investigating the party. Marguerite Trussler said there is no evidence the United Conservative Party (UCP) directly benefited when its caucus passed a bill late last year to fire Lorne Gibson as election commissioner. The New Democratic Party alleged that firing Gibson boosted the UCP’s long-term reputation and re-election prospects given that Gibson was investigating the party and had already levied more than $200,000 in fines tied to the 2017 leadership race won by Kenney.

From the States and Municipalities

Arkansas – 14 PACs Sign Settlements, Accept Fines to Resolve Ethics Complaints, State Records Show
Arkansas Democrat-Gazette – Michael Wickline | Published: 4/21/2020

Fourteen PACs represented by attorney Brenda Vassaur-Taylor signed settlements of complaints in which the committees acknowledge violations of state ethics law in 2016, according to Arkansas Ethics Commission records. They agreed to pay fines collectively totaling $1,450 and each received a public letter of caution. Kendall Bond filed about 30 ethics complaints in January against these PACs, as well as candidates in the 2016 primary election over unregistered PACs making contributions to other PACs and candidates, and unregistered PACS receiving contributions before they were registered as a PAC.

California – California Republicans Prepared to Match Democrats on ‘Ballot Harvesting.’ Then Came Coronavirus
Politico – Carla Marinucci | Published: 4/28/2020

Leaders of the embattled California Republican Party are reversing course during the coronavirus pandemic to demand Gov. Gavin Newsom ban a voting practice they until recently endorsed. The Republican leaders vowed to boost their “ballot harvesting” efforts, to allow people to pick up and deliver absentee ballots that others have cast, after a Democratic thumping in the 2018 midterms. But they are now arguing it is “an intolerable risk to public health and safety.” The practice allows party volunteers to collect mail-in ballots and submit them in groups to polling places or election offices. Republicans blame the Democrats’ ballot collecting as one factor for their 2018 midterm woes, which saw them lose seven congressional seats.

California – National City Passes Campaign Contribution Limits
San Diego Union-Tribune – Gustavo Solis | Published: 4/27/2020

National City officials adopted campaign contribution limits recently. Individuals, businesses, and labor unions can now contribute up to $1,000 to candidates while political parties can give $2,000. The take effect in January 2021. Part of the reason behind limiting campaign contributions was the significant increase in outside money pouring into local elections in National City in recent years.

California – Newsom Executive Orders Test Constitutional Bounds – and Legislative Goodwill
Politico – Debra Kahn | Published: 4/22/2020

Residents and leaders from both parties have given Gov. Gavin Newsom high marks for his handling of the coronavirus pandemic so far, especially after his early stay-at-home order was widely credited for helping control the spread of infection in California. But state lawmakers who have been on recess for more than a month are starting to bristle at the governor’s seemingly unilateral decision making. As Newsom shifts from crisis mode to managing the long-term economic fallout, his orders are coming under more scrutiny not just from lawmakers but industry groups, who are likewise re-engaging in Sacramento policymaking. The legislative branch has likewise shut down most activities for the time being. That leaves Newsom nearly alone to decide how to flex California laws in the coronavirus emergency.

Florida – Federal Grand Jury Casts Wide Net for JEA Records, Communications
Jacksonville Daily Record – Mike Mendenhall | Published: 4/23/2020

A federal grand jury subpoena orders JEA to provide documents, communications, and records from top utility and Jacksonville City Hall officials related to a failed push to privatize the city-owned utility and the hiring of former Chief Executive Officer Aaron Zahn. Federal prosecutors also are looking for communications and documents from lobbyists, JEA’s contracted legal and financial firms and consultants involved in the utility’s invitation to negotiate and failed stock option style-employee bonus plan.

Georgia – Supreme Court Rules States Can’t Copyright Annotated Laws
Courthouse News Service – Tim Ryan | Published: 4/27/2020

Extending a 19th century doctrine of copyright law to legal materials created by Legislatures, the U.S. Supreme Court ruled annotated versions of state codes cannot be copyrighted. Georgia contracts with Matthew Bender & Co., which is part of LexisNexis, to publish and distribute an annotated version of its official state code. LexisNexis publishes the full code without the annotations for free online and members of the public can access annotated versions for free at places like libraries and universities. Public.Resource.Org publishes official legal codes and other government documents online, bought 186 volumes of the annotated code and posted them online. Georgia sent the nonprofit cease and desist letters, but Public Resource refused to take the code down so the state filed a copyright infringement lawsuit.

Idaho – IFF Accused of Disobeying IRS Rules by Encouraging Idahoans to Disobey Governor
Idaho Statesman – Cynthia Sewell | Published: 4/28/2020

A complaint filed with the IRS alleges Idaho Freedom Foundation, a libertarian policy group, violated nonprofit organization rules by “supporting illegal activities” and “engaging in excessive lobbying activities.” After Gov. Brad Little extended the statewide stay-home order through April 30 to combat the coronavirus pandemic, the foundation encouraged people to disobey the order. The foundation helped organized the “Disobey Idaho” protest at the Capitol, which a few hundred people attended and continued to organize, promote, or participate in several stay-at-home violations. The complaint says one way the foundation directly attempts to influence legislation is through its “Freedom Index,” which grades how each state legislator’s voting record meshes with the group’s agenda.

Illinois – Bid to Strengthen Legislative Ethics Code on Sexual Harassment Blocked by Senate
State Journal-Register – Dalton Stokes | Published: 4/24/2020

Legislation to expressly prohibit sexual harassment by legislators and lobbyists in Illinois was one of many bills that did not become law in the 2020 session that was shortened by the coronavirus pandemic. The reasons for its failure in the state Senate remain unclear. After the bill passed the House, Senate leaders assigned it to the State and Local Government Committee, chaired by Sen. Wil Schroder. He said, “There were some Senate members who had questions regarding the new definitions contained in the bill and were not comfortable handling that section this session.”

Kansas – Kansas Ethics Panel Fines Former Corrections Secretary for Taking $100K Job with CoreCivic
Topeka Capital-Journal – Sherman Smith | Published: 4/27/2020

The Kansas Governmental Ethics Commission fined former corrections secretary Joe Norwood $5,000 for taking a job with CoreCivic after authorizing a lucrative state contract for the company. The commission also recommended authorities further investigate Norwood’s dealings with CoreCivic. As corrections secretary under former Gov. Sam Brownback, Norwood helped orchestrate a 20-year agreement for CoreCivic to build and operate a new prison facility, a $362 million deal panned by lawmakers and auditors as overly costly for the state. Norwood immediately went to work for CoreCivic after Gov. Laura Kelly took office in January 2019. Norwood said he was paid $100,000 by CoreCivic for consultant work last year.

Maryland – Ex-NAACP Leader Kweisi Mfume Wins Maryland Seat in Congress
Miami Herald – Brian Witte and Julio Cortez (Associated Press) | Published: 4/28/2020

Democrat Kweisi Mfume won a special election to finish the term of the late Elijah Cummings, retaking a Maryland congressional seat he held for five terms before leaving to lead the NAACP. Mfume defeated Kimberly Klacik in the heavily Democratic Seventh Congressional District, capping a race reshaped by the coronavirus. Maryland opened just three polling stations and sent ballots weeks in advance to encourage mail voting because of the pandemic. Earlier in April, thousands of Wisconsin primary voters waited hours outside overcrowded polling stations, and Maryland’s contest could be a test for future races in a key election year.

Michigan – Michigan Senator Apologizes for Mask That Looked Like Confederate Flag
New York Times – Sandra Garcia | Published: 4/26/2020

A Republican state senator in Michigan apologized for wearing a homemade mask that resembled the Confederate battle flag on the Senate floor. Dale Zorn said he told his wife, who made the mask, that it “probably will raise some eyebrows,” but he initially told a local television station that it was not a Confederate flag. He said his wife told the mask’s pattern was “more similar to” the state flags of Kentucky or Tennessee. The mask he wore, however, appeared to have more in common with the Confederate battle flag, which is all red and features a blue “X” with white stars inside it drawn across the flag.

New Mexico – Coalition Asks for $8,000 Reimbursement from Legislator, Former Executive Director
Albuquerque Journal – T.S. Last | Published: 4/27/2020

The Regional Coalition of Los Alamos National Laboratory Communities (RCLC) is asking New Mexico Rep. Andrea Romero to pay back $8,000 in reimbursements paid to her while she served as the organization’s executive director and before her election in 2018. Romero previously reimbursed RCLC $2,200, but that was before the state auditor’s office released a report that included impermissible reimbursements for travel, meals, and alcoholic beverages and lobbying activities. The audit said more than $50,000 in improper payments were made to Romero, members of the coalition’s board, and third parties. More than half of those payments went to Andrea Romero Consulting.

New York – New York Board of Elections Cancels Democratic Presidential Primary
New York Times – Stephanie Saul and Nick Corasaniti | Published: 4/27/2020

New York officials canceled the state’s Democratic presidential primary, prompting an immediate backlash from the campaign of U.S. Sen. Bernie Sanders and his supporters who had hoped to amass convention delegates and help shape the party’s platform in August. In making the decision against holding a primary, which had been scheduled for June 23, the chairperson of the New York State Board of Elections called the primary “essentially a beauty contest” that the state could ill-afford in the face of the coronavirus pandemic. The Democratic primary will be held for other races, but because of the decision, voters in about 20 counties with no other contests will have no need to go to the polls, and no choice for president will appear on ballots in the remainder of the state’s 62 counties.

Ohio – Biden Wins Ohio Primary, but the Real Contest Was Its Attempt at Mail-In Voting
WUSA – Will Weissert and Julie Carr-Smyth (Associated Press) | Published: 4/28/2020

Joe Biden won Ohio’s presidential primary, clinching a contest that was less about the Democratic nomination and more about how states can conduct elections in the era of the coronavirus. The primary was the first major test of statewide elections via mail amid an outbreak, and the results were mixed. There were reports of confusion but no widespread disruption. It was not like Wisconsin earlier in April, when voters were forced to overlook social distancing guidelines to stand in line wearing masks to cast a ballot. Still, overall turnout appeared to be off.

Ohio – Former ODNR Chief Cited for Ethics Violation Over Free Fishing Trip
Toledo Blade – Mike Markey | Published: 4/28/2020

Former Ohio Department of Natural Resources (ODNR) Director James Zehringer is among nearly 40 current and former state employees and elected officials who the state inspector general has determined violated ethics guidelines by accepting a free charter fishing trip in July 2018. While ethics laws prohibit public officials and employees from accepting gifts of substantial value, state officials wrongly employed a “questionable” interpretation of state law that the fishing trip could be accepted as a donation to the agency to promote tourism, the report said. It instead constituted a “wrongful act” on which natural resources officials also spent public money on lodging and meals for the walleye fishing trip out of Ashtabula County.

Ohio – Ohio’s G.O.P. Governor Splits from Trump, and Rises in Popularity
MSN – Trip Gabriel (New York Times) | Published: 4/28/2020

The coronavirus crisis has made Ohio Gov. Mike DeWine something that decades in elected offices never did: a household name. A Republican, he took early and bold actions to lock down his state, even as President Trump dismissed the threat of the pandemic. DeWine’s decisiveness sent his popularity soaring. Now, DeWine is charting a way out of the shutdown, taking cautious steps while facing pressure from business leaders, conservative activists, and some GOP lawmakers who question the economic costs of a state in quarantine. DeWine is being guided by health experts while avoiding partisan fissures over stay-at-home orders that have been encouraged by Trump, who hopes a rebounding economy will carry him to re-election.

Oregon – Oregon Supreme Court Rules in Favor of Campaign Contribution Limits
Oregon Public Broadcasting – Jeff Mapes | Published: 4/23/2020

Campaign contribution limits are legal in Oregon. The state Supreme Court said limits do not violate the Oregon Constitution, a ruling that potentially signals major reform in one of the few states that does not restrict how much donors, including corporations and labor unions, can give to the candidates. The court ruled in favor of the $500 cap adopted by Multnomah County voters in 2016. The decision sends the case back to a lower court to decide whether Multnomah County’s limits themselves are too low, while tossing out limits that county voters set on campaign expenditures.

Oregon – Portland to Begin Enforcing $500 Campaign Donation Limit Next Week, But It Won’t Apply Retroactively
Portland Oregonian – Everton Bailey Jr. | Published: 4/28/2020

In the wake of an Oregon Supreme Court ruling that campaign contribution limits do not violate the state constitution, Portland election officials say they will enforce a voter-approved $500-per-donor limit starting May 4 but would not retroactively enforce the cap. In their ruling, the justices asked lower courts to decide if $500-per-donor limits, approved first by Multnomah County voters and then by Portland voters, are too low. Portland Mayor Ted Wheeler said his campaign would limit donations going forward to $500 overall in light of the Supreme Court ruling. He also called on state lawmakers to establish uniform political contribution rules in 2021.

Rhode Island – Ethics Commission Dismisses GOP Complaint vs. Raimondo
Providence Journal – Katherine Gregg | Published: 4/28/2020

The Rhode Island Ethics Commission voted to dismiss allegations that Gov. Gina Raimondo crossed a line when she negotiated a no-bid, 20-year lottery deal with International Game Technology (IGT). The complaint the state Republican Party filed against Raimondo centers on her relationship with former IGT Chairperson Donald Sweitzer, who was both an IGT lobbyist in Rhode Island and treasurer of the Democratic Governors Association while Raimondo led the group. The complaint alleges Raimondo violated the prohibition against public officials using their public positions to benefit a “business associate,” in this case Sweitzer.

Rhode Island – Former State Representative-Elect Laufton Ascencao Charged with Felony Embezzlement
UpriseRI – Staff | Published: 4/28/2020

Former state Rep.-elect Laufton Ascencao was charged with embezzlement of funds from the Rhode Island Chapter of the Sierra Club, as well as not reporting expenditures on campaign finance filings and failing to appoint a treasurer to certify his campaign filings in 2017 and 2018. The state attorney general’s office said Ascencao, without authorization, diverted $16,379 from the checking account of the Rhode Island Chapter of the Sierra Club while he was serving as treasurer of that organization. Ascencao used the money to pay for expenses during his 2018 campaign for state representative.

South Carolina – SC Officials Troubled by Senator’s Financial Ties to Richland County Church’s Nonprofit
The State – Andrew Kaplan | Published: 4/24/2020

The revelation that a prominent South Carolina senator sent nearly $500,000 in public money to help with the construction of a private development has some lawmakers and ethics experts crying foul. The money sent to a church’s nonprofit in 2007 was approved by state lawmakers, including state Sen. Darrell Jackson, who is pastor of the church and founder of its nonprofit. It is part of a long-held practice in which legislative leaders stash millions of dollars in the state’s budget each year, then send the earmarked money to pet projects. While a majority of legislators voted in favor of sending money to the private development, several recently interviewed issue with the vote and said they would not have supported later earmarks for the nonprofit had they known about its ties to their fellow lawmaker.

South Dakota – 2 South Dakota Lawmakers Reprimanded for Intoxication at Capitol
Dickinson Press – Shannon Marvel | Published: 4/24/2020

State Sens. Brock Greenfield and Kris Langer apologized during an investigative committee meeting for drinking and returning to the South Dakota Capitol drunk in the early morning hours of April 1. March 31 was the scheduled Veto Day, and the actual legislative session ended at about 3 a.m. on April 1. House Speaker Steve Haugaard testified he witnessed Langer and Greenfield slur their words during a meeting with Lt. Gov. Larry Rhoden. Rep. Fred Deutsch tweeted that the lawmakers should apologize to all of South Dakota. “We are elected to do the people’s work, not to booze it up – the tradition of lobbyist-provided all-you-can-drink free booze needs to stop,” Deutsch tweeted.

Virginia – Va. Gun Range Wins First Victory Against Order Requiring Businesses to Close
Laredo Morning Times – Justin Jouvenal (Washington Post) | Published: 4/27/2020

A Virginia Circuit Court judge ruled Gov. Ralph Northam exceeded his authority by forcing an indoor gun range in Lynchburg to close as part of his order shuttering some nonessential businesses. The decision to grant a temporary injunction allowing Safeside Tactical to reopen marks the first victory by a business challenging the restrictions to stem the spread of the coronavirus. The judge ruled the state law that allowed Northam to declare a state of emergency gives him broad powers, but it specifically prohibits him from limiting the right to keep and bear arms, and found accessing indoor gun ranges falls under that right. Legal experts said the case could spur others as businesses begin to chafe under restrictive shutdown orders in Virginia and across the country.

Wisconsin – Justice Daniel Kelly Rejoins Voter Purge Case After Losing Election
Milwaukee Journal Sentinel – Patrick Marley | Published: 4/29/2020

Wisconsin Supreme Court Justice Daniel Kelly rejoined a lawsuit over the state’s voter rolls after earlier keeping away from the case. Kelly recused himself from the case last year because he was on the April 7 ballot. The justice lost the election but will stay on the bench until the end of July, when his term ends. Days after the election results were announced, Kelly asked parties involved in the case to say what they thought he should do and on April 29 he issued an order saying he would participate in the case. His decision to participate in the case means the court will not deadlock on it, as it did in December.

Wisconsin – Wisconsin Health Department: 36 people positive for coronavirus after primary vote
Politico – Noland McCaskill | Published: 4/27/2020

The state health department said at least three dozen Wisconsin voters and poll workers have tested positive for Covid-19, the disease caused by the coronavirus. Shortly after the state held an in-person election on April 7, the Wisconsin Department of Health Services announced “new tracing mechanisms” to help local officials track residents who might have been exposed to the virus while working the polls or casting a ballot. Health department spokesperson Jennifer Miller said “several” people within that group reported additional possible exposures, making it unclear whether the election itself is responsible for their contraction of the disease. If those people contracted the virus prior to the election, they could have also spread it to others who went to the polls that day.

Thursday’s LobbyComply News Roundup

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News You Can Use Digest – May 15, 2020

Thursday’s LobbyComply News Roundup

Delaware Governor Delays Presidential Primary

Wednesday’s LobbyComply News Roundup

Tuesday’s LobbyComply News Roundup

News You Can Use Digest – May 8, 2020

Thursday’s LobbyComply News Roundup

New York District Judge Orders Presidential Primary to be held in June

Wednesday’s LobbyComply News Roundup

Tuesday’s LobbyComply News Roundup

News You Can Use Digest – May 1, 2020

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