December 17, 2020 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance Rhode Island: “R.I. Political Operative Jeff Britt Cleared of Charges in Money Laundering Trial” by Edward Fitzpatrick and Dan McGowan (Boston Globe) for MSN Washington DC: “In First D.C. Election with Public Financing, Candidates and Donors Bumped Up […]

December 16, 2020 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance Florida: “Secret Donor Name in Florida Senate Races Wiped from Records, Replaced” by Samantha Gross and Ana Ceballos for Tampa Bay Times Kentucky: “Executive Gets One Year in State Prison for Campaign Case Linked to Lexington Council” by […]

December 15, 2020 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance Georgia: “Georgia Runoffs Become High-Stakes GOP Fundraising Experiment” by Elena Schneider for Politico New Mexico: “Ethics Panel Files Lawsuit Seeking Disclosure of Group’s Donors” by Dan Boyd for Albuquerque Journal Elections National: “Electoral College Affirms Biden’s Victory on […]

December 14, 2020 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance New York: “Many New York Judges Spend Their Way Toward Seats on the Bench. And It’s Perfectly Legal” by Sam Mellins (New York Focus) for The City Elections National: “Trump and His GOP Allies Vow to ‘Fight On’ […]

December 11, 2020 • Written by Jim Sedor

News You Can Use Digest – December 11, 2020

National/Federal Barr Taps Durham as Special Counsel, Pushing Probe into Biden Era Politico – Kyle Cheney and Josh Gerstein | Published: 12/1/2020 Attorney General William Barr appointed U.S. attorney John Durham as a special counsel to investigate the origins of the […]

National/Federal

Barr Taps Durham as Special Counsel, Pushing Probe into Biden Era
Politico – Kyle Cheney and Josh Gerstein | Published: 12/1/2020

Attorney General William Barr appointed U.S. attorney John Durham as a special counsel to investigate the origins of the FBI’s probe of Russian interference in the 2016 election. The appointment formalizes Durham’s ongoing probe but more significantly, would give Durham latitude to continue the politically explosive investigation after President-elect Joe Biden takes office in January. Democrats have long viewed Durham’s efforts as political payback by President Trump and his allies, seeking to deflect from evidence the Trump campaign capitalized on the Kremlin’s efforts.

Biden’s Choice for Pentagon Faces Questions on Ties to Contractors
New York Times – Eric Lipton, Kenneth Vogel, and Michael LaForgia | Published: 12/8/2020

Raytheon Technologies makes fighter jet engines, weapons, high-tech sensors, and dozens of other military products. Retired Gen. Lloyd Austin III of the Army, a member of Raytheon’s board, has been named by President-elect Joe Biden to be the next secretary of defense. Raytheon is not Austin’s only link to military contractors. He has also been a partner in an investment firm that has been buying small defense firms. The decision to nominate Austin has drawn a new wave of questions about the corporate ties of people Biden is choosing for his administration. Those ties are especially relevant when it comes to the Pentagon, which spends hundreds of billions of dollars every year on weapons and other supplies.

Conservative Nonprofit Group Challenging Election Results Around the Country Has Tie to Trump Legal Adviser Jenna Ellis
MSN – John Swain, Rosalind Helderman, Josh Dawsey, and Tom Hamburger (Washington Post) | Published: 12/7/2020

A conservative legal organization that has filed lawsuits challenging the election results in five states has a tie to President Trump’s legal team, raising questions about the independence of what has appeared to be an endeavor separate from the president’s last-gasp legal maneuvering. Senior Trump campaign legal adviser Jenna Ellis serves as special counsel to the Thomas More Society, which has filed lawsuits through the newly formed Amistad Project alleging problems with the vote in Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin. Her affiliation with the organization, as well as other links between Trump’s team and the conservative group, suggest a coordinated effort to flood the nation’s courts with repetitive litigation that allows the president to claim the election results remain contested.

Could Trump Pardon Family Members and Other Close Associates? His Prior Pardons May Set the Stage for More
USA Today – David Jackson, John Fritze, and Kevin Johnson | Published: 12/4/2020

As President Trump weighs granting pardons to close associates – and perhaps family members and even himself – experts said he may not pay much of a political price, no matter whom the recipients are. The number of pardons with a political sheen that Trump has signed, along with the unorthodox way he has wielded the power, may have desensitized the public to the issue. The reaction to former national security advisor Michael Flynn’s pardon, though muted, underscored the president’s broad clemency powers are increasingly viewed, like much else, along partisan lines: Democrats express outrage, and supporters of Trump cheer. That division, several experts said, may partly explain why some Americans shrug their shoulders.

EU Lobby Register Falls Short of Transparency Demands
Politico – Cristina Gonzalez | Published: 12/8/2020

It was hailed as a victory when negotiators from the European Parliament, Commission, and the Council found compromise on establishing a joint mandatory lobby register, but the definition of “mandatory” remains to be seen. The provisional agreement, which must still be approved by the respective institutions, sets out to make it compulsory for lobbyists to be registered in the European Union’s Transparency Register to carry out certain activities like meeting with top officials. But there is nothing explicitly mandatory in the compromise text. Instead, it gives each institution the license to individually interpret what it means, “and to define the activities that they decide to make conditional upon registration in the register,” the compromise reads. Now, each institution must outline its view in a forthcoming joint political statement.

GOP Women’s Record-Breaking Success Reflects Party’s Major Shift on Recruiting and Supporting Female Candidates
Washington Post – Rachael Bade | Published: 12/7/2020

There are 17 newly elected Republican women who will give the party a record number of female lawmakers in Congress, the results of a successful strategy of recruiting and supporting women running for office. Of the 13 Democratic incumbents who lost their seats on election night, Republican women were responsible for defeating 10. In January, Republicans will welcome their most ethnically diverse and gender-diverse freshman class in history as women and lawmakers of color join their predominantly White and male ranks. The recruitment effort behind their success reflects a major shift.

Justice Department’s Interest in Hunter Biden Covered More than Taxes
Politico – Ben Schreckinger | Published: 12/9/2020

The federal investigation into President-elect Joe Biden’s son has been more extensive than a statement from Hunter Biden indicates, according to a person with firsthand knowledge of the probe. Hunter Biden said he had been contacted about a tax investigation out of the U.S. attorney’s office in Delaware. The securities fraud unit in the Southern District of New York also scrutinized Hunter Biden’s finances, according to the source. The person said as of early last year, investigators in Delaware and Washington, D.C. were probing potential money laundering and Hunter Biden’s foreign ties. In addition to the probe into Hunter Biden, federal authorities in Pennsylvania are conducting a criminal investigation of a hospital business in which Joe Biden’s brother James was involved.

Murdoch’s Son and Daughter-in-Law Spent Millions on Progressive Causes in 2020 Cycle
Center for Responsive Politics – Ollie Gratzinger | Published: 12/4/2020

The Murdoch name has come to be associated largely with right-leaning politics, as Rupert Murdoch, the media mogul who owns Fox News and other outlets spanning three continents, has built a family dynasty based largely on conservatism. But Kathryn and James Murdoch, daughter-in-law and youngest son of the news tycoon, are forging a new reputation for the Murdoch name, contributing heavily this cycle to progressive political groups, including super PACs supporting President-elect Joe Biden. James Murdoch resigned from his position at Fox last July over “disagreements over certain editorial content.”

Neera Tanden, Biden’s Pick for Budget Chief, Runs a Think Tank Backed by Corporate and Foreign Interests
MSN – Yeganeh Torbati and Beth Reinhard (Washington Post) | Published: 12/5/2020

Now that President-elect Joe Biden picked Neera Tanden to run the Office of Management and Budget, her ties to some of the most powerful players in the U.S. economy are drawing scrutiny from advocates for accountability in government. Tanden would have a hand in policies that touch every part of the economy after years spent courting corporate and foreign donors at the think tank Center for American Progress. Between 2014 and 2019, the center received at least $33 million in donations from firms in the financial sector, private foundations primarily funded by wealth earned on Wall Street. Critics also argued the hundreds of hours of relationship-building that goes into securing large donations from corporations and wealthy people give private interests the opportunity to influence the views of Tanden and others in her position.

Senate Restores FEC as Agency Confronts Massive Backlog of Cases
Center for Responsive Politics – Karl Evers-Hillstrom | Published: 12/9/2020

The U.S. Senate confirmed three new members of the FEC, giving the campaign finance regulator a full slate of six commissioners for the first time since February 2017. Senators confirmed Sean Cooksey, Allen Dickerson, and Shana Broussard, who will be the agency’s first Black commissioner in its 45-year history. The FEC faces a backlog of 388 enforcement cases. Broussard said during a Senate Rules Committee meeting that she would prioritize addressing important cases set to expire due to the agency’s statute of limitations. Commissioners are also tasked with changing outdated rules.

Steakhouses, Hill Bars and Ski Trips: GOP carries on amid the pandemic
Politico – Sarah Ferris, Melanie Zanona, and Daniel Lippman | Published: 12/7/2020

It is not just the White House flouting pandemic rules to mark Washington, D.C.’s schmooziest season. Some corners of the GOP, including members of Congress, are refusing to let the coronavirus intrude on their holiday gatherings and in-person fundraisers, whether it is on the slopes of Utah or in the steakhouses of Washington. Meanwhile, discussions are underway about holding the Conservative Political Action Conference in person early next year. The event planning comes as the nation is battered by another surge in coronavirus cases, prompting a fresh round of warnings from public health experts to avoid group settings, particularly indoors. And it underscores the resistance by many in the GOP, led by President Trump, to adjust to the new normal of the pandemic.

Supreme Court Denies Trump Allies’ Bid to Overturn Pennsylvania Election Results
MSN – Robert Barnes and Elise Viebeck (Washington Post) | Published: 12/8/2020

The U.S. Supreme Court denied a last-minute attempt by President Trump’s allies to overturn the election results in Pennsylvania, a blow to the president’s continuing efforts to reverse his loss to Joe Biden. The court’s brief order denying a requested injunction provided no reasoning, nor did it note any dissenting votes. It was the first request to delay or overturn the results of the presidential election to reach the court. The lawsuit was part of a blizzard of litigation and personal interventions Trump and his lawyers have waged to overturn victories by Biden in a handful of key states. Texas Attorney General Ken Paxton filed a sweeping complaint that asked the court to overturn Biden’s wins in the swing states of Pennsylvania, Michigan, Wisconsin, and Georgia.

Women Make Record-Breaking Gains Across State Legislatures
The Hill – Julia Manchester | Published: 12/8/2020

Women broke barriers in state Legislature races across the country in November, with a record number of women from both parties winning their races at the state level. According to the Center for American Women and Politics at Rutgers University, women will hold more than 30 percent of seats in state Legislatures for the first time in American history. The gains women made at the state level this cycle appeared to have reflected the record gains women made at the federal level as well. For Republicans, this marks an improvement for a party that has struggled to recruit women to its ranks.

Canada

Canada – ‘Loophole’ in Civic Election Act Breeds Unfairness and Financial Secrecy, Experts Say
CBC – Angela King | Published: 12/5/2020

A section of Ontario’s Municipal Elections Act creates an unequal playing field, undermines transparency, and should be changed, election experts say. Concerns have been raised about a part of the legislation that allows a corporation to pay an employee while volunteering for a political campaign after a Toronto man revealed he was paid by a lobbying firm to help campaign for candidates in the 2018 civic election. Kevin Haynes said he felt like an “election hitman” when he was paid $20 per hour in cash by a major lobbying group to knock on doors for nine candidates, seven of whom won.

From the States and Municipalities

Alaska – FBI Questions Alaska Lawmakers on Topics Including Permanent Fund Dividend Votes
Anchorage Daily News – James Brooks | Published: 12/8/2020

The FBI has interviewed or sought to question at least 11 Alaska legislators this year, asking in at least some of the interviews whether any lawmakers received a financial benefit in exchange for their vote on the Permanent Fund dividend. Not all interviewed lawmakers would say what they were asked about, and it is not clear what the FBI is searching for. An interview may not mean a legislator is under investigation – several lawmakers said the FBI told them during the interviews that they were not personally under investigation. Uncertainty over the motive for the interviews is roiling lawmakers, particularly in the Senate, where Republicans are attempting to form a majority government.

Arizona – Arizona Legislature Shuts Down after Rudy Giuliani Possibly Exposed Lawmakers to COVID-19
MSN – Maria Polletta (Arizona Republic) | Published: 12/6/2020

The Arizona Legislature closed for a week “out of an abundance of caution” after Rudy Giuliani, President Trump’s personal attorney, possibly exposed several Republican lawmakers to COVID-19. Giuliani tested positive for the virus on December 6, less than a week after he visited Arizona as part of a multistate tour aimed at contesting 2020 election results. Giuliani had spent more than 10 hours discussing election concerns with Arizona Republicans, including two members of Congress and at least 13 current and future state lawmakers. He led the meeting maskless, flouting social distancing guidelines, and posing for photos.

Arizona – Judge Dismisses Dem Lawsuit Challenging Independent Redistricting Candidates
Arizona Mirror – Jeremy Duda | Published: 12/7/2020

Democratic legislative leaders’ lawsuit to disqualify two of the five finalists for independent chair of the state’s next redistricting commission fell flat after Maricopa County Superior Court Judge Janice Crawford ruled the disputed applicants did not violate the criteria set out in the Arizona Constitution. Crawford ruled Thomas Loquvam, an attorney for the utility company EPCOR, does not violate the constitution’s prohibition on lobbyists serving on the Independent Redistricting Commission, and gun store owner Robert Wilson meets the qualifications to serve as an independent.

California – L.A. Fines Former City Official, Company $45,000 for Lobbying Violations
MyNewsLA.com – Staff | Published: 12/8/2020

The Los Angeles Ethics Commission imposed a fine of $45,000 on Daniel Ahadian and nur Corporation for violating city lobbying laws. Ahadian is a former city official who worked with the Planning Department, and the sole owner of nur, a planning and land use consulting firm. Ahadian and nur admitted failing to register as lobbying entities and file quarterly disclosure reports from the first quarter of 2018 through the fourth quarter of 2019. Lobbying entities are required to register with the Ethics Commission and report their activities on a quarterly basis to help the public identify who is attempting to influence city action.

California – L.A.’s Ethics Commission Gets a New Boss: A 29-year employee of the watchdog agency
Yahoo News – Dakota Smith (Los Angeles Times) | Published: 12/8/2020

David Tristan, deputy executive director of the Los Angeles City Ethics Commission, was named as the new executive director of the commission, replacing Heather Holt, who faces term limits. Commissioner Jeff Daar cited Tristan’s decades of experience at the agency. “Obviously, he has a passion for the mission of the Ethics Commission,” Daar said. Rob Quan, an organizer with Unrig LA, a good-government advocacy group, described Tristan as extremely responsive. He described how advocates have called Tristan over the years to discuss a variety of topics, including campaign filings and broken links on the commission website.

California – Real Estate Developer Pleads Guilty in Sprawling L.A. Campaign Money Laundering Case
Los Angeles Times – David Zahniser and Emily Alpert Reyes | Published: 12/3/2020

Businessperson Samuel Leung pleaded guilty to one count of conspiracy to commit campaign money laundering, admitting he took part in a scheme to reimburse campaign donors between January 2009 and February 2015 – just as his apartment project was being reviewed and approved at Los Angeles City Hall. State law prohibits donors from making political contributions in the name of another person. The guilty plea came more than four years after a Los Angeles Times investigation revealed a sprawling network of more than 100 people and companies with direct or indirect ties to Leung made political donations totaling more than $600,000 while Leung’s project was under review. The project was approved in 2015.

Connecticut – Audit Finds Lax Oversight of Public Campaign Financing
CT Examiner – Emilia Otte | Published: 12/3/2020

For the last nine years, the State Election Enforcement Commission (SEEC) has failed to report the use of grant money financing candidates running for the Connecticut General Assembly, according to a recent audit. The SEEC is responsible for the Citizen’s Election Program, which gives grant money to campaigns for state Senate or House through the Citizen’s Election Fund, a pool of money that comes from the sale of abandoned property. By law, the SEEC must report annually on the amount of money in the fund and the number of people who have contributed to it. The commission is also required to present an analysis each cycle to the General Assembly of the amount of grant money issued, how campaigns have spent the money, and how much leftover money was returned to the fund.

Florida – Disgraced Republican Lawmaker Planted No-Party Candidate in Key Senate Race, Sources Say
Miami Herald – Ana Ceballos and Samantha Gross | Published: 12/3/2020

As the results for a key Florida Senate race appeared on television screens in an Irish pub, former Sen. Frank Artiles boasted he planted a no-party candidate in the race, which Republican Ileana Garcia won by 32 votes over incumbent Jose Javier Rodriguez. “That is me, that was all me,” Artiles boasted to a crowd at Liam Fitzpatrick’s restaurant, according to a person who was there. Artiles recruited Alexis (Alex) Rodriguez, a longtime acquaintance. The no-party candidate with the same surname as the incumbent Democrat had been a registered Republican until just before his qualifying papers were filed to make him a Senate candidate. Sources have indicated Artiles’ involvement in launching Rodriguez’s bid was extensive.

Florida – Florida Police Raid House of Fired Data Scientist Who Alleged State Manipulated Covid-19 Stats
MSN – Reis Thebault (Washington Post) | Published: 12/7/2020

Florida police with guns drawn raided the home of an ousted health department data scientist, searching Rebekah Jones’ computer, phone, and other hardware that supports the coronavirus website she set up after accusing the state of manipulating its official numbers. Law enforcement officials allege Jones may have also used the devices to hack into a health department website to send an unauthorized message to Florida emergency personnel, urging them to speak out against the state’s pandemic response. After her dismissal, Jones launched her own data portal, advertising it as independent alternative to the state dashboard. Now, Jones says, the Florida Department of Law Enforcement’s raid is an attempt to silence her work.

Florida – Florida Voters Barred Ex-Lawmakers from Lobbying for 6 Years, but Revolving Door Still Swings
MSN – Gary Roher (Orlando Sentinel) | Published: 12/7/2020

The “revolving door” between government and lobbying firms in Florida was supposed to end after voters approved a constitutional amendment in 2018 banning elected officials and agency heads from lobbying for six years after leaving their posts. But that amendment does not take effect until the end of 2022, meaning the movement will continue for another two years. Since the November election, three Florida lawmakers have taken jobs as lobbyists, and one state agency director left her position in October to lead a trade group for an industry she used to regulate.

Georgia – Savannah Council Accepts Apology Kesha Gibson-Carter Says She Didn’t Make
Savannah Morning News – DeAnn Komanecky | Published: 12/9/2020

Savannah City Council members who filed ethics complaints against fellow Alderperson Kesha Gibson-Carter said they were ready to forgive the alderwoman. An ethics board found Gibson-Carter had violated the city’s ethics code. The three said they were ready to move forward instead of pushing for the only remedy available, a reprimand or censure, since Gibson-Carter had apologized privately to City Manager Michael Brown. Gibson-Carter is adamant she had not apologized to anyone, including the city manager, and had no intentions to do so.

Illinois – Ex-State Sen. Martin Sandoval, Snared in Political Corruption Investigation, Dies of Coronavirus: Attorney
Chicago Sun-Times – Jon Seidel, Mark Brown, and Mitchell Armentrout | Published: 12/5/2020

Former Illinois Sen. Martin Sandoval, who became a crucial figure in a series of ongoing public corruption investigations early this year when he admitted taking hundreds of thousands of dollars in bribes, has died from COVID-19. The Senate’s former Transportation Committee chair also agreed to “cooperate in any matter in which he is called upon” by federal prosecutors. In November, prosecutors told a judge that Sandoval had “provided valuable cooperation that is expected to last at least several more months.” Now, legal experts say Sandoval’s death has the potential to complicate the aggressive probe of Illinois politics.

Iowa – Iowa’s Contact-Tracing Firm Helped Trump, Reynolds Campaigns
Associated Press News – Ryan Foley | Published: 12/4/2020

After facing a workforce shortage for months, Iowa awarded an emergency $2.3 million contact-tracing contract to a company that has worked for the campaigns of President Trump and Gov. Kim Reynolds and is owned by a Republican insider. The Iowa Department of Public Health selected MCI for the two-month contract out of 14 applicants, saying it submitted the best proposal and its political connections were not considered. MCI is owned by GOP donor Anthony Marlowe, who has boasted it played a key role in Trump’s 2016 victory and was among the state’s top backers of Trump’s reelection bid.

Kentucky – Woman Faces 3 Counts of Lying to FBI, Jury in Bribery Case Tied to Lexington Council
Lexington Herald-Leader – Beth Musgrave | Published: 12/4/2020

A Kentucky woman was indicted by a federal grand jury for lying to the FBI and making false statements about campaign contributions to Lexington council members during the investigation trial of a former real estate executive. Elizabeth Stormbringer was charged with three counts related to lying about whether she was reimbursed by former CRM Executive Timothy Wellman for campaign contributions she made to Lexington council members in 2018. Wellman had a project the council would consider. He was found guilty on 11 charges relating to obstructing a federal investigation into illegal contributions.

Michigan – ‘Unambiguous, Loud and Threatening’: Trump supporters protest at home of Michigan Secretary of State Jocelyn Benson
USA Today – Miriam Marini (Detroit Free Press) | Published: 12/6/2020

Dozens of protesters gathered in front of Michigan Secretary of State Jocelyn Benson’s home recently, shouting through megaphones against the certification of the election and demanding a forensic audit. A portion of the demonstration was broadcast live on Facebook. The protesters are seen walking up to Benson’s home, some wearing President Donald Trump paraphernalia and carrying American flags. Throughout the election, Trump circulated false conspiracies about election fraud in Michigan. Benson said the protesters gathered in front of her home as she and her four-year-old son were finishing putting up Christmas decorations, just when the two were preparing to watch “How the Grinch Stole Christmas.”

Missouri – Medical Marijuana Subpoena May Have Been Connected to Independence FBI Probe
Columbia News Tribune – Jason Hancock (Missouri Independence) | Published: 12/7/2020

Lyndall Fraker, director of medical marijuana regulation at the Missouri Department of Health and Seniors Services, testified a grand jury subpoena his agency received was likely connected to an FBI investigation in Independence. The revelation is the first indication of the target of the federal subpoena. The FBI questioned officials in Independence about a pair of contracts issued by the city council. One called for the city to pay a company $9.75 million to tear down a power plant. The bid was more than twice that of the other bidder. The other contract called for the city to pay nearly $1 million to purchase a golf club to build a solar farm with Gardner Capital. Days before the vote, PACs funded by Gardner made four $2,500 donations to Independence Mayor Eileen Weir, who has denied the donations were connected to her vote to endorse the project.

Nevada – Nevada Supreme Court Rejects Trump Campaign’s Appeal to Overturn Biden’s Win
MSN – Timothy Bella (Washington Post) | Published: 12/9/2020

The Nevada Supreme Court unanimously rejected an appeal from President Trump’s campaign to overturn the state’s election results, the latest loss in the president’s ongoing legal efforts to have states he did not win declare him victorious. The decision from the court came after a lower court gave a full-scale ruling against the Trump campaign’s efforts in the state. Nevada District Court Judge James Russell ruled there was no evidence supporting the claims of fraud and wrongdoing made by the campaign in a state that President-elect Joe Biden won by more than 33,000 votes.

New York – Election Reformers Love Ranked-Choice Voting, but NYC Immigrants See Doom
Courthouse News Service – Nina Pullano | Published: 12/9/2020

Some of New York City’s multinational communities say they are being left behind in the Board of Elections’ plans to implement ranked-choice voting, a system that lets voters choose multiple candidates in order of preference. These groups teamed up with local politicians in a complaint that asks a court to block the change. The complaint accuses the elections board of violating city charter requirements to implement ranked-choice voting in a timely manner, while also contending that the city’s software is not up to snuff and changes of this nature should not be contemplated during the Covid-19 pandemic. Paired with a failure to educate people on ranked-choice voting, the BLA Caucus says New Yorkers of color, seniors, and those who speak limited English are among 5 million voters in danger of disenfranchisement.

Ohio – Householder Dark Money Group Reputedly Broke Deal with AEP-Backed Nonprofit to Fund
MSN – Randy Ludlow and Marc Kovac (Columbus Dispatch) | Published: 12/5/2020

A board member of an American Electric Power-funded nonprofit said a separate group central in the nuclear plant bailout scandal appears to have used grants, including $550,000 newly disclosed in tax filings, for political purposes in violation of its agreement. J.B. Hadden, an attorney who serves on the board of Empowering Ohio’s Economy Inc., said the nonprofit’s grant agreement with Generation Now required the funding be used in compliance with IRS laws and for social welfare purposes only. Part of the agreement with Generation Now stated the money was not to be used “in furtherance of any political or campaign intervention activities.

Ohio – P.G. Sittenfeld Accepts Suspension from Cincinnati City Council After Arrest on Bribery Charges
MSN – Sharon Coolidge (Cincinnati Enquirer) | Published: 12/7/2020

Cincinnati City Councilperson P.G. Sittenfeld accepted a suspension from his seat, a process initiated by Ohio Attorney General Dave Yost after Sittenfeld was arrested on federal bribery charges. Sittenfeld is one of three council members arrested and accused of “pay-to-play” schemes this year and the second member of council to accept a state suspension, which bars them from working, but allows them to collect their salary. The city charter does not address what happens in the event an elected official is arrested or convicted on charges of corruption, something that would directly affect their ability to do their job. But state law allows for the suspension of an elected official in the event of an arrest.

Ohio – Should an Ex-FirstEnergy Lobbyist Lead the Hunt for Ohio’s Next Utility Regulator? Consumer Advocate Asks
MSN – Jessie Balmert (Cincinnati Enquirer) | Published: 12/3/2020

Consumer advocates question whether a former FirstEnergy lobbyist should lead the effort to replace ex-Public Utilities Commission of Ohio Chairperson Sam Randazzo, who resigned after the FBI searched his property and a filing implied he received $4 million to terminate “a purported consulting agreement” with FirstEnergy. A nominating council is led by Michael Koren, a former FirstEnergy lobbyist. Koren lobbied for the company when House Bill 6 to subsidize FirstEnergy’s nuclear plants in Ohio was introduced. The bill is at the heart of a corruption scandal allegedly involving FirstEnergy.

Pennsylvania – Firm Ran Pa. Senator’s Campaign and Worked with Super PAC to Attack Opponent, but Denies Coordination
Spotlight PA – Sam Janesch (The Caucus) and Angela Couloumbis | Published: 12/8/2020

In the closing days of this year’s election, an ad attacking Democrat George Scott appeared in his race for the Pennsylvania Senate against incumbent John DiSanto, which was paid for by the Republican State Leadership Committee (RSLC). Direct coordination between groups like the RSLC, which run super PACs, and campaigns is forbidden. To create the ad, the group turned to a middleman, the same firm running DiSanto’s campaign: Red Maverick Media, headed by strategist Ray Zaborney. No one has accused Zaborney’s firm or RSLC of wrongdoing. But watchdogs and campaign finance experts said the arrangement is another example of how weak state and federal campaign finance rules, combined with meager oversight, create gray areas and loopholes.

Pennsylvania – Trump Asks Pennsylvania House Speaker for Help Overturning Election Results, Personally Intervening in a Third State
MSN – Amy Gardner, Josh Dawsey, and Rachael Bade (Washington Post) | Published: 12/7/2020

President Trump called the speaker of the Pennsylvania House twice to make an extraordinary request for help reversing his loss in the state, reflecting a broadening pressure campaign by the president and his allies to try to subvert the 2020 election result. The president’s outreach to Pennsylvania’s Republican House leader came after his campaign and its allies decisively lost numerous legal challenges in the state in both state and federal court. Trump has continued to press his baseless claims of widespread voting irregularities both publicly and privately.

Tennessee – Rutherford Mayor Bill Ketron Faces Audit Hearings on Campaign Finance Violation Accusations
MSN – Scott Broden (Murfreesboro Daily News Journal) | Published: 12/7/2020

Rutherford County Mayor Bill Ketron will face audit hearings in 2021 on campaign finance accusations. The Tennessee Registry of Election Finance approved staff audits of Ketron’s state senate and Quest PAC accounts between January 2018 and July 2019. Another pending audit of Ketron’s mayoral campaign finance account is expected to be done by February. The registry issued subpoenas in 2019 while the mayor’s daughter, Kelsey Ketron, faced insurance fraud charges as part of an indictment pertaining to her job with the family-owned insurance company. Kelly Ketron served as treasurer during his campaigns, and indictments accused her of pocketing over $65,000 from her father’s political funds.

Texas – California-Based Independent Voter Project Hosts Trip to Hawaii for State Legislators, Raising Ethics Filing Probe
The Center Square – Bethany Blankley | Published: 12/9/2020

A California-based organization paid for roughly 100 legislators from four states, including Texas, to attend a four-day fundraising event in Hawaii. The Independent Voter Project (IVP) is a 501(c)3 organization created to “re-engage nonpartisan voters and promote nonpartisan election reforms through initiatives, litigation, and voter education.” Despite Hawaii’s stringent lockdown, IVP received special permission to hold a conference with more than the 12-person limit. The Dallas Morning News found that over the last three years of IVP hosting this trip, potential financial disclosure violations exist for Texas lawmakers who attended.

Texas – Texas Senate Affairs Committee Holds Hearing on Taxpayer-Funded Lobbying
The Center Square – Bethany Blankley | Published: 12/9/2020

Each year, local governments in Texas spend tens of millions of taxpayer dollars on lobbyists whose job it is to persuade state lawmakers to allow for bigger government. It is a practice some legislators say must end. The Senate Affairs Committee held a hearing on the issue of taxpayer-funded lobbying at the Capitol. State Sen. Bob Hall filed legislation to end the practice after a companion bill was filed in the House. Hall said at the meeting that taxpayer-funded lobbying has been used to work against taxpayers. Tom Forbes, president of the Professional Advocacy Association of Texas, said if the Legislature were to ban the practice next year, taxpayer-funded lobbying would continue, it just would not be as visible and would operate in the shadows.

Washington DC – Ivanka Trump Confirms She Was Questioned by the D.C. Attorney General’s Office Over Inaugural Committee Spending
MSN – Jacqueline Alemany and David Fahrenthold (Washington Post) | Published: 12/2/2020

Ivanka Trump said she was questioned for more than five hours by investigators from the District of Columbia attorney general’s office, which has accused President Trump’s Inaugural Committee of wasting donating money on an overpriced ballroom at the president’s hotel in the city. In early 2017, when the Inaugural Committee booked ballrooms at the hotel, that meant the president was effectively on both sides of the transaction: his committee paid his hotel, using donors’ money. Attorney General Karl Racine said the committee and the hotel took advantage of that arrangement.

December 10, 2020 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance National: “Senate Restores FEC as Agency Confronts Massive Backlog of Cases” by Karl Evers-Hillstrom for Center for Responsive Politics Pennsylvania: “Firm Ran Pa. Senator’s Campaign and Worked with Super PAC to Attack Opponent, but Denies Coordination” by Sam […]

December 9, 2020 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “Murdoch’s Son and Daughter-in-Law Spent Millions on Progressive Causes in 2020 Cycle” by Ollie Gratzinger for Center for Responsive Politics Elections National: “Women Make Record-Breaking Gains Across State Legislatures” by Julia Manchester for The Hill Pennsylvania: “Trump […]

December 8, 2020 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance Canada: “‘Loophole’ in Civic Election Act Breeds Unfairness and Financial Secrecy, Experts Say” by Angela King for CBC Ohio: “Householder Dark Money Group Reputedly Broke Deal with AEP-Backed Nonprofit to Fund” by Randy Ludlow and Marc Kovac (Columbus […]

December 7, 2020 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance National: “Senate Panel Approves Nominees to Fill All FEC Vacancies” by Kate Ackley (Roll Call) for MSN California: “Real Estate Developer Pleads Guilty in Sprawling L.A. Campaign Money Laundering Case” by David Zahniser and Emily Alpert Reyes for […]

December 4, 2020 • Written by Jim Sedor

News You Can Use Digest – December 4, 2020

National/Federal 12 Votes Separated These House Candidates. Then 55 Ballots Were Found. New York Times – Luis Ferré-Sadurní and Jessie McKinley | Published: 12/2/2020 After all the votes had been counted in a heated U.S. House rematch in Central New York, […]

National/Federal

12 Votes Separated These House Candidates. Then 55 Ballots Were Found.
New York Times – Luis Ferré-Sadurní and Jessie McKinley | Published: 12/2/2020

After all the votes had been counted in a heated U.S. House rematch in Central New York, only 12 votes separated Republican Claudia Tenney from U.S. Rep. Anthony Brindisi, a Democrat. But the razor-thin margin is far from the only reason the race is engulfed in chaos. There was the case of the missing Post-it notes, which had mysteriously fallen off a stack of disputed ballots, making it unclear whether they had been counted and why they had been challenged. The scandal has been christened “StickyGate” by local media. The other unresolved House race is an open seat in Iowa’s Second District, where Mariannette Miller-Meeks, a Republican, was recently certified the winner following a recount in which she led the Democrat, Rita Hart, by just six votes. Hart has indicated she intends to challenge the result.

2,596 Trades in One Term: Inside Senator Perdue’s stock portfolio
New York Times – Stephanie Saul, Kate Kelly, and Michael LaForgia | Published: 12/2/2020

Along with U.S. Kelly Loeffler, a fellow Georgia Republican, David Perdue faces an unusual runoff election in January. With control of the Senate at stake, and amid renewed concern about the potential for conflicts-of-interest in stock trading by members of Congress, Perdue’s investment activity, and especially his numerous well-timed trades, has increasingly come into the public glare. Data from Senate Stock Watcher, a website that aggregates publicly available information on lawmakers’ trading, shows the breadth of trades Perdue made in companies that stood to benefit from policy and spending matters that came not just before the Senate as a whole, but before the committees and subcommittees on which he served.

20 Days of Fantasy and Failure: Inside Trump’s quest to overturn the election
MSN – Philip Rucker, Ashley Parker, Josh Dawsey, and Amy Gardner (Washington Post) | Published: 11/28/2020

However clear-eyed President Trump’s aides may have been about his loss to Joe Biden, many of them nonetheless indulged their boss and encouraged him to keep fighting with legal appeals. The result was an election aftermath without precedent in U.S. history. With his denial of the outcome, despite a string of courtroom defeats, Trump endangered America’s democracy, threatened to undermine national security and public health, and duped millions of his supporters into believing, perhaps permanently, that Biden was elected illegitimately.

Criticized by Moderates and Pressured by Their Base, Liberals Fight for a Voice in the Democratic Party
MSN – Sean Sullivan and Rachael Bade (Washington Post) | Published: 11/29/2020

The left is toiling to exert their influence on a Democratic Party led by President-elect Joe Biden, an avowed centrist, and his moderate allies on Capitol Hill. After an election in which the country opted for a reset, not a revolution, moderate Democrats hold the power in the party. Many blame the polarizing themes championed by the left for the party’s shrunken House majority and Senate losses. This recrimination from party leaders, along with skepticism from some Biden allies, could limit liberals’ influence. But liberals offer a different take, arguing their base won Biden the White House. The shifting dynamics in the party have thrust the movement to a crossroad on the eve of the Biden presidency.

Disputing Trump, Barr Says No Widespread Election Fraud
Associated Press News – Michael Balsamo | Published: 12/1/2020

Attorney General William Barr said the Justice Department has not uncovered evidence of widespread voter fraud that would change the outcome of the 2020 presidential election. His comments come despite President Trump’s repeated baseless claims that the election was stolen, Trump’s effort to subvert the results of the 2020 presidential election, and his refusal to concede his loss to Joe Biden. Barr said U.S. attorneys and FBI agents have been working to follow up specific complaints and information they have received, but they have uncovered no evidence that would change the outcome of the election.

‘Mercenary’ Donor Sold Access for Millions in Foreign Money
Associated Press News – Alan Suderman and Jim Mustain | Published: 11/30/2020

Federal prosecutors say Imaad Zuberi’s life was built on a series of lies and the lucrative enterprise of funding American political campaigns and profiting from the resulting influence. They describe Zuberi as a “mercenary” campaign donor who gave to anyone, often using illegal straw donors, he thought could help him. “Pay-to-play,” he explained to clients, was just “how America work(s).” Zuberi’s story underscores how loosely regulated campaign finance and foreign lobbying laws are and raises an embarrassing question: how does such a cynical fraudster find favor with so many officials at the highest levels of the U.S. government? There are unanswered questions about Zuberi’s foreign entanglements and who benefited from his actions.

New Administration, House Turnover Raise Prospects for More Diversity on K Street
The Hill – Alex Gangitano | Published: 11/19/2020

Business groups in Washington, D.C. are hopeful the incoming Biden administration will prompt a round of hiring that will lead to more diversity on K Street. Diversity among lobbyists has been little changed over the past two years, but the arrival of a new administration and the departure of several House lawmakers increases the odds of more employment opportunities at trade associations, lobbying shops, and law firms. Congressional Democrats led the way on diversity in 2018, when a record number of women and minority lawmakers were elected to Congress. That was followed two years later by Republicans, with 17 GOP women elected to the House earlier this month. But those trends have not extended to K Street.

‘No Corporate PAC’ Pledges Hit Record in 2020, But May Face Uncertainty in 2022
Roll Call – Kate Ackley | Published: 12/2/2020

A record 155 incumbents and challengers vowed to reject corporate PAC money during the 2020 campaign for Congress. That stance helped attract small-dollar donations and generated enthusiasm among voters who favor a broad campaign finance overhaul. But many candidates lost anyway. Now, as Democrats face a 2022 midterm cycle in which, traditionally, the president’s party loses seats in the House, incumbents and future challengers are assessing whether the pledges pay off. On the other side, the PACs of companies continue to grapple with diminished clout partly due to contribution limits set long ago that do not budge for inflation. So, the future of such pledges, along with the influence of corporate PACs, remains uncertain.

NRA Reports Alleged Misspending by Current and Former Executives to IRS
MSN – Beth Reinhard and Carol Leonning (Washington Post) | Published: 11/26/2020

After years of denying allegations of lax financial oversight, the National Rifle Association (NRA) has made a stunning declaration in a new tax filing: current and former executives used the nonprofit group’s money for personal benefit and enrichment. The NRA said it continues to review the alleged abuse of funds, as the tax-exempt organization curtails services and runs up multimillion-dollar legal bills. The assertion of impropriety comes after the attorney general of New York state filed a lawsuit accusing NRA Chief Executive Wayne LaPierre and other top executives of using NRA funds for decades to provide inflated salaries and expense accounts.

Supreme Court Wary of Quick Ruling on Trump Drive to Exclude Many Immigrants from Census
Politico – Josh Gerstein and Zach Montellaro | Published: 11/30/2020

The U.S. Supreme Court seemed reluctant to issue an immediate, sweeping ruling on President Trump’s plans to exclude undocumented immigrants from the decennial census used to allocate House seats. During an oral argument session, there appeared to be few, if any, takers on the high court for Trump’s effort to leave all unlawful immigrants out of the critical count. Several of the court’s most conservative justices seemed skeptical of the constitutionality of the president’s move, but they expressed misgivings about ruling on that issue now when thorny questions about smaller groups of unlawful migrants could be just weeks away.

Trump Era Court Battles Weaken Congressional Power
Roll Call – Todd Ruger | Published: 12/1/2020

Congress will emerge from the Trump administration with weakened power to check a president or oversee the operation of the federal government, the most consequential fallout experts see for lawmakers after four years of nearly constant high-profile courtroom showdowns with a defiant president. Democratic lawmakers often had no other recourse than to go to court because of President Trump’s approach. Once there, lawmakers fell short or did not get what they sought, and it does not bode well for similar oversight efforts in administrations to come.

Trump Has Discussed with Advisers Pardons for His 3 Eldest Children and Giuliani
New York Times – Maggie Haberman and Michael Schmidt | Published: 12/1/2020

President Trump has discussed with advisers whether to grant pre-emptive pardons to his children, to his son-in-law, and to his personal lawyer Rudolph Giuliani, and talked with Giuliani about pardoning him as recently as last week, according to two people briefed on the matter. Trump has told others he is concerned that a Justice Department under President-elect Joe Biden might seek retribution against the president by targeting the oldest three of his five children – Donald Trump Jr., Eric Trump, and Ivanka Trump – as well as Jared Kushner, a White House senior adviser. The speculation about pardon activity at the White House is churning furiously, underscoring how much the Trump administration has been dominated by investigations and criminal prosecutions of people in the president’s orbit.

Trump Pardons Former National Security Adviser Michael Flynn, Who Pleaded Guilty to Lying to the FBI
Washington Post – Rosalind Helserman and Josh Dawsey | Published: 11/25/2020

President Trump pardoned his former national security adviser Michael Flynn, ending a three-year legal saga that included Flynn’s guilty plea for lying to the FBI, his later effort to withdraw that plea, and then a controversial decision by Attorney General William Barr to try to drop the case altogether. Trump’s move marks a full embrace of the retired general he had ousted from the White House after only 22 days on the job, and a final salvo against the Russia investigation that shadowed the first half of his term in office. The pardon for Flynn underlines how Trump has used his clemency power to benefit allies and well-connected offenders.

Trump Raises More Than $150 Million Appealing to False Election Claims
MSN – Josh Dawsey and Michelle Yee He Lee (Washington Post) | Published: 11/30/2020

President Trump’s political operation has raised more than $150 million since Election Day, using misleading appeals about the election to shatter fundraising records set during the campaign. The influx of political donations is one reason Trump and some allies are inclined to continue a legal onslaught and public affairs blitz focused on baseless claims of election fraud, even as their attempts have repeatedly failed in court and as key states continue to certify wins for President-elect Joe Biden. Much of the money raised since the election is likely to go into an account for the president to use on political activities after he leaves office.

Trump to Restart Foreign Deals, Breaking a Post-Presidency Norm
Politico – Anita Kumar | Published: 12/1/2020

President Trump’s namesake company plans to resume foreign real estate projects after he leaves office as it grapples with a tarnished brand in the United States and the need to pay off hundreds of millions of dollars of debt. The arrangement is already being criticized as one that could be used to pay back Trump for his policies as president or to influence U.S. policy through a former president – and possibly a future presidential candidate. Other former presidents have faced allegations they were monetizing the office with their post-presidency ventures, But Trump’s return to overseas deal-making as a private businessperson raises a new set of ethical issues no ex-president has ever confronted.

Canada

Canada – Lobbying Watchdog Says Three Cases Have Been Sent to RCMP for Criminal Investigation Since Start of Pandemic
National Post – Christopher Nardi | Published: 11/28/2020

The federal lobbying watchdog says she has referred three files to the Royal Canadian Mounted Police for criminal investigation since the beginning of the pandemic in a year that has seen a significant uptick in lobbying. Commissioner of Lobbying Nancy Bélanger was called to detail her office’s work as questions have swirled throughout the summer about the lobbying activities by WE Charity and the husband of Prime Minister Justin Trudeau’s chief of staff. Both have denied any wrongdoing. During her testimony, Bélanger said 2020 has been a busy year for lobbyists, particularly due to the COVID-19 pandemic.

From the States and Municipalities

Alabama – Mike Hubbard’s Prison Sentence Cut from 4 Years to 28 Months
AL.com – Associated Press | Published: 11/25/2020

Lee County Circuit Judge Jacob Walker slashed former Alabama House Speaker Mike Hubbard’s prison sentence from four years to 28 months, significantly reducing the time the once-powerful Republican will spend behind bars for an ethics conviction. Walker reduced Hubbard’s sentence at the request of defense attorneys after part of his conviction was overturned earlier this year. In his order, Walker noted Hubbard was convicted of 12 felonies when he handed down the four-year sentence, but that six counts were reversed on appeal.

Alaska – Junior Staffer Says Top Alaska Official Told Her to Keep Allegations of Misconduct Secret
ProPublica – Kyle Hopkins (Anchorage Daily News) | Published: 11/18/2020

Officials in the office of Alaska Gov. Mike Dunleavy, including his chief of staff, knew for months his appointed attorney general had sent unwelcome personal text messages to a staff member but told the woman to keep it quiet, the staffer said. The woman said Tara Fradley, the manager in the governor’s Anchorage office, helped her compose a text to then-Attorney General Kevin Clarkson asking him to stop inviting her to his home at night, something he had done at least 18 times. The woman also said Dunleavy’s chief of staff, Ben Stevens, became aware of the texts by April but no human resources investigators contacted her until two months later, after a whistleblower wrote an anonymous letter that was obtained by news organizations and by an attorney working on an effort to recall Dunleavy from office.

Alaska – Lawsuit Challenges Alaska’s New Ranked-Choice Voting Ballot Measure
Anchorage Daily News – James Brooks | Published: 12/1/2020

The Alaskan Independence Party, its chairperson, and two Anchorage residents are suing to overturn Ballot Measure 2, a sweeping election reform initiative approved in November that would install ranked-choice voting in Alaska’s general elections. The plaintiffs claim the measure would violate their rights “to free political association, free speech, right to petition, right to due process” and other rights guaranteed by the Alaska and U.S. constitutions. In addition to making Alaska the only state other than Maine using ranked elections for almost all contests, the ballot measure imposes new campaign finance disclosure requirements for legislative and local races.

California – Inglewood Caps Campaign Contributions at $100,000 to Avoid New State Law
Los Angeles Daily Breeze – Jason Henry | Published: 11/24/2020

Inglewood will not follow a new state law limiting local campaign contributions to $4,700, instead opting for a cap 21 times higher than what a state senator can accept from a single source. The Inglewood City Council voted unanimously to set the city’s donation limit at $100,000, one of the highest caps in the state. The city of roughly 110,000 residents previously had no limit, but a new state law taking effect in January forces cities and counties to adhere to the limits set for state legislators unless they establish their own law first.

California – Raymond Chan, Former L.A. Deputy Mayor, Charged in Federal City Hall Corruption Case
Los Angeles Times – David Zahniser and Joel Rubin | Published: 11/30/2020

Raymond Chan, a former Los Angeles deputy mayor, is the latest figure to be accused of playing a part in a scheme allegedly run by ousted city Councilperson Jose Huizar. Prosecutors say both men were involved in shaking down developers who sought help pushing real estate projects through the city’s approval process. Prosecutors also announced corruption charges against Wei Huang, chairperson of a Chinese real estate company, and developer Dae Yong Lee. The superseding indictment added new allegations, signaling the government’s intention to prosecute Chan, Huizar, and the two developers as a group. Chan is accused of an array of illegal activities, including arranging “indirect bribe payments” to city officials by securing employment contracts for the officials’ relatives.

California – San Francisco Public Utilities Commission GM Harlan Kelly Charged with Fraud as Part of Corruption Scheme
KPIX – Staff | Published: 11/30/2020

The FBI reportedly raided the home of Harlan Kelly, Jr. on the same day authorities announced he had been charged with honest services wire fraud. Following the charges, Kelly resigned from his post as general manager of the San Francisco Public Utilities Commission. Prosecutors say Kelly engaged in a long-running bribery scheme and corrupt partnership with construction executive and permit expediting consultant Walter Wong. Nine people have been charged in a corruption scheme allegedly involving the former head of the city’s Department of Public Works, Mohammed Nuru. The complaint alleges Wong provided Kelly with bribes in exchange for official acts by Kelly that benefited or attempted to benefit Wong’s business ventures.

Colorado – Special Session Catches Secretary of State’s Office Off-Guard
Colorado Politics – Marianne Goodland | Published: 12/1/2020

Colorado’s special legislative session has apparently caught the secretary of state’s office off-guard when it comes to how lobbyists report which bills they are working on. A lobbyist said the special session was not listed on the secretary of state’s lobbyist page, a full day after the session started. If someone entered one of the bills from the special session, the website would default to a 2020 bill from the regular session and could not recognize the nomenclature of the special session bills. And for at least the first 24 hours of the special session, lobbyists had no idea what they were supposed to do.

Delaware – Wilmington Councilman Rebuked: ‘City employees must not be threatened for doing their jobs’
Wilmington News Journal – Jeanne Kuang | Published: 11/25/2020

Wilmington City Councilperson Vash Turner received a public reprimand from the city’s Ethics Commission, which found he violated city code when he threatened cutting an auditor’s salary during a public meeting. The Ethics Commission received a complaint from the auditor, Terence Williams, who refused to conduct a forensic audit of the insolvent nonprofit Wilmington Housing Partnership’s finances as requested by council members in a resolution, saying he believed it would be expensive and unnecessary in lieu of a traditional audit. Turner asked council staff in an email to “work on a resolution or ordinance to reduce the Auditor salary for insubordination of council legislation,” according to the commission.

Georgia – ‘Someone’s Going to Get Killed’: GOP election official in Georgia blames President Trump for fostering violent threats
Anchorage Daily News – Amy Gardner and Keith Newell (Washington Post) | Published: 12/1/2020

A top Republican election official in Georgia lashed out at President Trump during a news conference, blaming him for a flood of threats that have besieged his office and calling on the president and other Republicans to condemn the behavior. Gabriel Sterling, a voting systems manager for Secretary of State Brad Raffensperger, was visibly angry and shaken as he approached a lectern in the Georgia Capitol. Sterling’s public chastisement represents one of the strongest rebukes yet of Trump’s baseless attacks on the election’s integrity by a member of his own party.

Hawaii – Ex-Hawaii Prosecutor, Police Chief Get Prison for Corruption
Yahoo News – Jennifer Sinco Kelleher (Associated Press) | Published: 11/30/2020

A judge sentenced a former high-ranking Honolulu prosecutor to 13 years in prison and her retired police chief husband to seven years, saying she stole money from her own grandmother and then used his law enforcement power to frame her uncle for a crime he did not commit – all to maintain the couple’s lavish lifestyle. Louis Kealoha agreed to retire amid a wide-ranging federal investigation. The judge described how Katherine Kealoha orchestrated a reverse mortgage scheme that forced her grandmother to sell her home, framed her uncle for stealing the Kealohas’ mailbox, stole money from children whose trusts she controlled as a lawyer, cheated her uncle out of his life savings, convinced her firefighter lover to lie about their affair, and used her position as a prosecutor to turn a drug investigation away from her brother.

Illinois – City Treasurer Melissa Conyears-Ervin Denies Wrongly Firing Chief of Staff, Other Employees
Chicago Tribune – Gregory Pratt | Published: 11/23/2020

A former top aide to Chicago City Treasurer Melissa Conyears-Ervin alleged in an email to a city ethics official that she was fired after refusing to participate in unspecified “illegal and unethical conduct.” Conyears-Ervin said that is false. Conyears-Ervin’s former chief of staff, Tiffany Harper, was fired along with three colleagues. Conyears-Ervin said she pushed the workers out as part of an office shake-up designed to move her office in a different direction. But in an email to Steve Berlin, executive director of the city’s ethics board, Harper said she believes she and two other officials were let go “without cause or reason.”

Illinois – New Cache of ComEd Documents Shows Indicted Madigan Confidant Pressing Utility for Jobs and Contracts
Yahoo News – Dan Petrella, Jamie Munks, and Ray Long (Chicago Tribune) | Published: 11/26/2020

Commonwealth Edison (ComEd) released a trove of documents in an Illinois House committee probe into Speaker Michael Madigan’s actions. ComEd has admitted to operating a scheme to influence Madigan. Federal prosecutors say the company hired Madigan’s political allies to win favorable legislation, including electricity rate hikes. They allege those payments were arranged by ComEd executives and lobbyists and funneled to subcontractors who often performed little or no actual work. The developments broaden what is known about the indirect but ethically questionable interactions between Madigan and ComEd at a time when the utility had major legislative business pending at the statehouse that depended on the speaker’s blessing.

New Jersey – Christie’s 2013 Campaign Hasn’t Paid Off $1M in Debt to 2 Firms
Politico – Matt Friedman | Published: 12/1/2020

Seven years after his 2013 reelection, former New Jersey Gov. Chris Christie’s gubernatorial campaign still owes $1 million in debt stemming from the Bridgegate scandal. But the moribund campaign may be allowed to stop filing campaign finance reports this year. And there’s no sign that the campaign has sought to pay back its debts, or that either of the companies that are owed the money – a prominent law firm and a cybersecurity firm that billed large monthly amounts to taxpayers during the Christie administration – have made an effort to collect.

New Jersey – NJ Attorney General’s Probe Seeks Records Connected to Democratic Power Broker
Bergen Record – Terrence McDonald | Published: 11/23/2020

An investigation by New Jersey Attorney General Gurbir Grewal into public health brokerage contracts and potential “pay-to-play” violations appears to go beyond Bergen County, with investigators now probing Plainfield’s work with a firm run by a Democratic power broker out of Middlesex County. Plainfield received a subpoena seeking contracts and related documents to be reviewed by a state grand jury, five days after the office subpoenaed Bergen County for similar records. The subpoena demands the city hand over a host of documents going back to 2015 related to its employee health insurance broker. The subpoena does not name the firm, but Plainfield’s broker is Acrisure.

North Carolina – Court Upholds North Carolina’s Voter Identification Law
Washington Post – Ann Marimow | Published: 12/1/2020

A federal appeals court upheld North Carolina’s law requiring voters to present photo identification before casting ballots, even as it acknowledged the state’s “long and shameful history of race-based voter suppression.” A unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit said North Carolina’s past practice does not indefinitely prevent the state from enacting new voting restrictions. The panel said a lower-court judge had improperly considered the state’s “past conduct to bear so heavily on its later acts that it was virtually impossible for it to pass a voter-ID law that meets constitutional muster,” according to the opinion from Judge Julius Richardson.

Ohio – Bankruptcy Judge Orders Lobbyists to Testify About Any Ties to Householder Bribery Case
Akron Beacon Journal – Jim Mackinnon | Published: 11/25/2020

A bankruptcy judge is ordering four Ohio lobbyists who work for the top law firm in the FirstEnergy Solutions bankruptcy to answer questions under oath about any possible ties to a bribery case. Bankruptcy Court Judge Alan Koshchik told the four lobbyists, known as the “Ohio statehouse team” with law firm Akin Gump, to answer his questions in writing by January 8. The four lobbyists “were the timekeepers involved who interacted with currently-indicted individuals or entities …,” according to the court filing. The judge said about $2.8 million is being sought by Akin Gump related to state government lobbying, including work tied to the passage of House Bill 6. The bill, now law, is at the center of the $61 million federal bribery investigation.

Ohio – Cincinnati City Councilman P.G. Sittenfeld Arrested on Federal Charges
Cleveland Plain Dealer – Andrew Tobias | Published: 11/19/2020

Cincinnati City Councilperson P.G. Sittenfeld was arrested and charged with bribery and attempted extortion. The complaint says Sittenfeld solicited and accepted $40,000 donations, made to a PAC supporting his bid for mayor, from a city developer and two undercover FBI agents posing as the developer’s business partners. In exchange, Sittenfeld in December 2018 promised to “deliver the votes” on city council for a development project, according to the complaint. The arrest is the latest in a string of high-profile corruption cases federal officials have undertaken in Ohio this year.

Ohio – Councilman Mann Seeks Independent Commission to Audit City Council Development Deals Saying the City Is in a ‘Crisis Unlike I Have Seen’
Cincinnati Enquirer – Sharon Coolidge | Published: 11/30/2020

Cincinnati City Councilperson David Mann is putting forward a plan to create a commission that will do an independent assessment of past city development deals. He is calling it the Commission to Clean Up City Council. It comes in the wake of three sitting Cincinnati City Council members being arrested this year on charges that allege they participated in “pay-to-play” schemes. None of the three arrests are related to each other. The commission would review links between campaign contributions and development contracts with the city. In addition to the review, Mann said it would also be tasked with making recommendations to keep corruption out of city deals and recommend any needed changes to the charter.

Ohio – Former Ohio Senate President Admits Ethics Violation for Not Disclosing Lobbying Clients
MSN – Randy Ludlow (Columbus Dispatch) | Published: 11/30/2020

Former Ohio Sen. Tom Niehaus admitted an ethics violation after turning himself in for failing to disclose lobbying clients while serving on the board of the Ohio Air Quality Development Authority. Niehaus, who served as Senate president from 2011 through 2013, reached a settlement approved by the Ohio Ethics Commission in which he received a reprimand for violating ethics laws. The investigation uncovered no evidence that Niehaus’ actions benefited any of his lobbying clients while he served on the authority’s board.

Ohio – Watchdog Group Aims to Turn Lights Back on with Open Records
The Record-Herald – Farnoush Amiri (Associated Press) | Published: 11/30/2020

A watchdog group is hoping to turn the lights back on at the Ohio Statehouse by opening long-closed records to see who is influencing the legislative process after a $1.3 billion nuclear plant bailout that is now under federal investigation. A proposal from Common Cause Ohio hopes to persuade lawmakers to once again bring transparency and accountability to the process behind a bill becoming a law. The records surround discussions and decisions at the Legislative Service Commission, a nonpartisan agency that assists lawmakers with drafting and researching legislation. The records, also called bill files, include memos from a bill’s sponsor and material provided by lobbyists who asked the House or Senate sponsor to propose it.

Pennsylvania – Ex-State Lawmaker Found Guilty in Bribery Case Loses Appeal of Her Convictions, Probation Sentence
PennLive.com – Matt Miller | Published: 11/30/2020

A Pennsylvania appeals court panel refused to overturn the convictions of former state Rep. Vanessa Brown on conflict-of-interest and bribery charges stemming from an undercover sting operation. The Superior Court judges reached that decision despite Vanessa Brown’s claims of racial bias and prosecutorial impropriety. Brown in 20108 was sentenced to 23 months of probation and ordered to pay $4,000 in restitution. Investigators said Brown took that amount of money in payoffs from an undercover agent with the state attorney general’s office who was posing as a lobbyist during an investigation into corruption in state government.

Pennsylvania – Pittsburgh Looks to Tighten Campaign Finance Reports for PACs, Independent Expenditures
Pittsburgh Post-Gazette – Ashley Murray | Published: 11/24/2020

Pittsburgh’s Ethics Hearing Board wants to track so-called dark money in local political campaigns. A bill before the city council would allow the board to do that by requiring tighter reporting rules for PACs and allowing further tracking of funds that back direct political mailers and ads. As the city law stands now, residents seeking local elected office must file a financial disclosure report for their respective candidate committees on the first business day of each month for three months leading up to the election. The proposed legislation would require the same reporting rigor for independent groups of individuals funding a campaign for or against a candidate or a ballot question.

Tennessee – Memphis City Council Votes Against Reforms to Bring Lobbying into the Light
MSN – Samuel Hardiman (Memphis Commercial Appeal) | Published: 12/1/2020

The Memphis City Council voted against adopting an ordinance that would require those lobbying the council to register and name their clients. The proposal would have required those paid to lobby council members to register with the city permits’ office, pay a $50 annual fee, and have their name on a list available to the public that includes who has hired them. Councilperson Martavius Jones called the ordinance “unnecessary.” Jones said the measure would not make council more transparent and there is nothing stopping council members from saying “no” to meetings with lobbyists.

Texas – Lawyers for Nate Paul Gave AG Ken Paxton $25k After He Waded into Civil Suit
Houston Chronicle – Taylor Goldentein and Jay Root | Published: 12/1/2020

Several weeks after Texas Attorney General Ken Paxton made the unusual move of intervening in a civil lawsuit involving his friend and campaign donor Nate Paul, Paxton received a $25,000 donation from the law firm hired by Paul in the case, records show. Involving his office in the civil case was just one of a handful of apparent interventions by Paxton on behalf of Paul that troubled the attorney general’s top aides, leading seven of them to report Paxton to law enforcement for potential corruption charges in October, including bribery and abuse of office. Those accusations are now being investigated by the FBI.

Virginia – As Virginia Democrats Rein Themselves In with Bill Limits, Some Legislators See Lost Opportunities
Washington Post – Laura Vozzella | Published: 11/29/2020

Because the coronavirus has made the logistics of legislating more difficult, Virginia’s House and Senate will strictly limit the number of bills that can be introduced for the General Assembly session that begins January 13. Delegates will be allowed to propose seven bills apiece, down from the usual 15. Senators – who have not had a hard limit in years, if ever – will be capped at 12 each. That is forcing Virginia’s 140 legislators to be especially selective about what bills they submit. The first casualty of that policy could be the handful of lighter and quirky bills that usually leaven each session. The second could be the Democrats’ agenda.

Washington DC – Outgoing D.C. Council Member David Grosso Will Work as a Lobbyist for Arent Fox
Washington Post – Julie Zauzmer | Published: 12/1/2020

Outgoing District of Columbia Councilperson David Grosso will take a job as a lobbyist for a firm representing clients with business before the council. Grosso (I-At Large), who decided not to seek reelection this year, said he will lobby his former colleagues on behalf of clients including hospitals and cannabis businesses, in addition to working on national issues, in his new role as a partner at Arent Fox. A critic during his time in office of too-cozy relationships between business interests and public officials, Grosso said he views his decision to go from lawmaker to lobbyist as different from the conduct of predecessors he has criticized.

December 3, 2020 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance National: “‘No Corporate PAC’ Pledges Hit Record in 2020, But May Face Uncertainty in 2022” by Kate Ackley for Roll Call Texas: “Lawyers for Nate Paul Gave AG Ken Paxton $25k After He Waded into Civil Suit” by […]

December 2, 2020 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “Trump Raises More Than $150 Million Appealing to False Election Claims” by Josh Dawsey and Michelle Yee He Lee (Washington Post) for MSN New Jersey: “Christie’s 2013 Campaign Hasn’t Paid Off $1M in Debt to 2 Firms” […]

October 30, 2020 • Written by Allyson Smith

News You Can Use Digest – October 30, 2020

National/Federal Administration Plans to Nominate Bipartisan Pair to Hobbled FEC Roll Call – Kate Ackley | Published: 10/28/2020 After leaving so many vacancies at the FEC that it could not hold meetings for most of the 2020 campaign cycle, the Trump […]

National/Federal

Administration Plans to Nominate Bipartisan Pair to Hobbled FEC
Roll Call – Kate Ackley | Published: 10/28/2020

After leaving so many vacancies at the FEC that it could not hold meetings for most of the 2020 campaign cycle, the Trump administration said it planned to nominate a bipartisan pair to the hobbled agency. President Donald Trump’s picks are Republican Sean Cooksey, who serves as general counsel to Sen. Josh Hawley, and Shana Broussard, who currently serves as counsel to FEC member Steven Walther. Broussard, if confirmed, would be the first Black commissioner in the agency’s 45-year history.

Ballrooms, Candles and Luxury Cottages: During Trump’s term, millions of government and GOP dollars have flowed to his properties
MSN – David Fahrenthold, Josh Dawsey, Jonathan O’Connell, and Anu Narayanswamy (Washington Post) | Published: 10/27/2020

Since his first month in office, President Trump has used his power to direct millions of dollars from U.S. taxpayers, and from his political supporters, into his own businesses. The president brought taxpayer money to his businesses simply by bringing himself. He has visited his hotels and clubs more than 280 times, making them a familiar backdrop for his presidency. Documents show visits by Trump, his family, and his supporters have turned the government and the Republican Party into regular customers for the family business. In the case of the government, Trump’s visits turned it into a captive customer. What the government needed from Trump’s properties, it had to buy from Trump’s company.

Coronavirus Cases Are Surging Again. These States Have Refused to Loosen Rules on Who Can Vote by Mail.
MSN – Elise Viebeck and Arelis Hernandez (Washington Post) | Published: 10/26/2020

Texas is one of five red states that emerged as conspicuous holdouts this year as the rest of the country rushed to loosen voting rules because of the coronavirus pandemic. Most of the roughly 30 million registered voters who live there, and in Indiana, Louisiana, Mississippi, and Tennessee have no choice but to cast ballots in person this fall, even as the rate of coronavirus in the U.S. approaches its third peak. The situation underscores how the nation’s decentralized election systems and Republican opposition to mail voting this year are translating into vastly different voting experiences for Americans, depending on where they live. Legal challenges to the voting limits have foundered in some courts, rejected by a federal judiciary that has shifted rightward under President Trump.

COVID-19 Legislation, Postelection Prep Keep K Street Busy
Roll Call – Kate Ackley | Published: 10/21/2020

Negotiations over the federal response to the COVID-19 crisis have fueled the lobbying sector this year, as K Street firms and corporate representatives now turn their attention to the coming tumult after the November elections. Some of the nation’s biggest spenders on federal lobbying, including the U.S. Chamber of Commerce, the National Association of Realtors, Facebook, and Amazon, reported shelling out more money on influence campaigns so far this year than they did during the first three quarters of 2019. The biggest lobbying firms, such as Brownstein Hyatt Farber Schreck, also reported increasing revenue this year.

Democrats in Pennsylvania, North Carolina Claim Key Wins at Supreme Court Ahead of Election
MSN – Robert Barnes (Washington Post) | Published: 10/28/2020

Democrats won two significant U.S. Supreme Court victories involving voting deadlines in key battleground states, as the justices allowed extended periods for receiving mail-in ballots in Pennsylvania and North Carolina. They declined to disturb decisions that allow Pennsylvania officials to receive ballots cast by Election Day and received within three days, and a ruling by North Carolina’s elections board that set a grace period of nine days. In both cases, the Republican Party and GOP legislators had opposed the extensions, and President Trump has railed on the campaign trail about the mail-in vote.

Facebook Tries to Block Tool Aimed at Promoting Transparency Around Political Ads
Politico – Mark Scott | Published: 10/23/2020

Facebook told researchers at New York University (NYU) to stop using a digital tool that tracks how people are targeted with political ads ahead of the November 3 election. The demand centers on the academics’ use of a web browser plug-in that gives Facebook users a way to share specific political ads they are seeing on the site. Political advertisers primarily target their ads to specific demographic groups, so the NYU tool, which collects roughly 16,000 ads each week, allows researchers to see how campaigns and other groups are crafting messages to voters based on race, age, location, or other criteria.

Guns at Voting Sites Emerge as Flash Point in Michigan Amid Nationwide Election Tension
MSN – Mark Berman (Washington Post) | Published: 10/26/2020

As tensions mount ahead of Election Day, a legal battle in Michigan is highlighting fears some officials and civil rights groups have about what will happen when people show up at polling sites with guns – which is legal in numerous jurisdictions across the U.S. Many Americans will be able to show up at their polling locations with guns, something that has unnerved law enforcement officials and experts nationwide at time of anxiety over whether clashes or violence could break out before, on, or after Election Day. Gun rights supporters argue law-abiding gun owners should be able to continue carrying their weapons where doing so is allowed. Exactly where that is allowed varies widely, echoing the way the country’s election processes vary from state to state.

How Trump Abandoned His Pledge to ‘Drain the Swamp’
Anchorage Daily News – Josh Dawsey, Rosalind Helderman, and David Fahrenthold (Washington Post) | Published: 10/25/2020

In the closing weeks of the 2016 election, Donald Trump led cheering supporters in chants of “drain the swamp,” promising he would completely disrupt the culture of Washington, D.C. He warned of the power of lobbyists and political donors who he said effectively bought off elected officials. He told voters he was uniquely prepared to take on the issue, because he knew personally as a donor how the system worked. But during his four years in office, Trump has taken few steps to clean up Washington. He has instead presided over a norm-shattering expansion of private interests in government.

In Campaign’s Closing Days, Disinformation Arrives Via Text Message and Email
MSN – Isaac Stanley-Becker and Tony Romm (Washington Post) | Published: 10/28/2020

A video sent to voters falsely claimed Joe Biden wants to give “sex changes to second-graders.” A menacing directive advised Democrats to vote for Trump “or else.” And a years-old photograph newly circulated with erroneous instructions for how to blow past a purported poll watcher on Election Day. These deceptive, 11th-hour messages are not finding their way to Americans via the now well-trodden paths of Facebook and Twitter. Instead, they are arriving in waves of text messages and emails, making use of a more intimate and less heavily scrutinized vector of disinformation than the social networking services manipulated four years ago as part of Russia’s interference in the 2016 election.

International Election Observers in the U.S. Consider This Year the Most Challenging Ever
Washington Post – Carol Morello | Published: 10/22/2020

If legal controversy engulfs the 2020 elections, state Supreme Courts may be thrust into the prominent role of referee for the presidential race for the first time in two decades, placing new focus on judicial appointees that have increasingly shown partisan leanings. The Brennan Center found more than $500 million has been poured into state Supreme Court elections since 2000, reinventing the one-time “sleepy low-dollar contests,” as Douglas Keith of the Brennan Center put it, into an arena for dark money and political dogfights. And while both sides of the partisan divide have sought to gain an edge in the judicial arms race, conservative groups have prioritized efforts to tip the balance of these crucial courts.

Judge Orders Justice Department to Verify Its Filings in Flynn Case
Politico – Kyle Cheney | Published: 10/23/2020

The federal judge presiding over the criminal case against former national security adviser Michael Flynn ordered the Department of Justice (DOJ) to conduct an unusual review of its filings in the case and certify whether any have been manipulated. The order is a signal of intense distrust between the judge, Emmet Sullivan, and the DOJ, whose filings are typically accepted at face value. In this case, the DOJ has acknowledged two documents it previously filed – handwritten notes taken by former FBI Agent Peter Strzok and former FBI Deputy Director Andrew McCabe – were altered “inadvertently” to include inaccurate dates. Sullivan’s demand will force the DOJ to confront tricky interpretations of handwritten notes that the department and Flynn’s legal team have relied on to seek the dismissal of the prosecution.

Judge Rejects Justice Dept. Bid to Short Circuit Defamation Case Brought by Woman Who Accused Trump of Rape
Washington Post – Matt Zapotosky, Devlin Barrett, and Shayna Jacobs | Published: 10/27/2020

A federal judge rejected the Justice Department’s bid to make the U.S. government the defendant in a defamation lawsuit brought by a woman who says President Trump raped her several years ago, paving the way for the case to again proceed. U.S. District Court Judge Lewis Kaplan wrote Trump did not qualify as an “employee” under federal law, nor was he acting “within the scope of his employment” when he denied during interviews that he had raped journalist E. Jean Carroll more than two decades ago in a New York City department store. Carroll sued Trump over that denial. The Justice Department argued Trump was “acting within the scope of his office as President of the United States” when he disputed Carroll’s allegations.

Lobbying Firm Cuts Ties with Turkey Under Pressure
Politico – Theodoric Meyer | Published: 10/23/2020

The lobbying firm Mercury Public Affairs scrapped its $1 million contract Turkish government following a pressure campaign by Armenian-American activists incensed by Turkey’s support for Azerbaijan in ongoing hostilities with Armenia. The effort recalls the push to convince K Street firms representing Saudi Arabia’s government to cut ties with the kingdom in 2018 after Jamal Khashoggi was murdered in the Saudi consulate in Istanbul. The Washington Post, where Khashoggi had been a contributing opinion writer, threatened to bar two lobbyists from writing columns for the paper unless their firms stopped working for Saudi Arabia. The pressure ultimately led five lobbying firms to sever ties with the kingdom.

Miles Taylor Revealed as ‘Anonymous’ Writer of Insider Warnings About Trump
MSN – Colby Itkowitz and Josh Dawsey (Washington Post) | Published: 10/28/2020

Miles Taylor, the ex-chief of staff in the Department of Homeland Security who has spent the past two months building a case against reelecting President Trump, revealed himself to be the presidential critic from inside the administration known only as “Anonymous.” Taylor, who served in the administration for two years, wrote in a post revealing his identity that his criticisms of Trump were “widely held among officials at the highest levels of the federal government. In other words, Trump’s own lieutenants were alarmed by his instability.” Using the nom de plume, Taylor first wrote a New York Times op-ed in 2018 purporting to be among a group of people inside the administration working to protect the country from the president’s worst instincts.

Politicization of State Supreme Courts Looms Over Possibility of Contested Vote
ABC News – Olivia Rubin and Lucian Bruggeman | Published: 10/22/2020

As the eyes of the world focus on the U.S. election, teams of international observers are heading out across the United States amid concerns about the vote’s integrity. For the ninth time, observers affiliated with the Organization for Security and Cooperation in Europe (OSCE) have come to the United States to watch over an election and recommend improvements, a mission little-noticed by most Americans. But the 2020 campaign is different. As fears rise about voter suppression, violence, and a potentially contested outcome, the Europeans say they hope their efforts will help assure Americans the vote is legitimate.

Trump’s Attacks on Political Adversaries Are Often Followed by Threats to Their Safety
MSN – Greg Miller and Isaac Stanley-Becker (Washington Post) | Published: 10/28/2020

The CIA’s Security Protective Service monitors thousands of threats to public officials across social media and Internet chat rooms. Over time, a pattern has emerged: violent messages surged each time the analyst was targeted in tweets or public remarks by President Trump. Targets encompass nearly every category of government service: mayors, governors, and members of Congress, as well as officials Trump has turned against within his own administration. The dynamic appears to be without precedent – government agencies taking extraordinary measures to protect their people from strains of hostility stoked by a sitting president.

Twitter Launches ‘Pre-Bunks’ to Get Ahead of Voting Misinformation
NBC News – David Ingram | Published: 10/28/2020

Twitter said it would begin placing messages at the top of users’ feeds to pre-emptively debunk false information about voting by mail and election results, an escalation of the company’s battle against misinformation. Twitter is calling the messages a “pre-bunk,” something it says it has never done, because the debunking is not a reaction to an existing tweet with misinformation. Twitter, Facebook, Google, and other tech companies are racing to make last-minute changes to prepare their services for an expected rise in misinformation, election interference or even civil unrest as officials prepare to begin counting votes November 3.

From the States and Municipalities

Alabama – Supreme Court Restores Ban on Curbside Voting in Alabama
Politico – Josh Gerstein | Published: 10/21/2020

A divided U.S. Supreme Court reinstated a state-ordered ban on curbside voting in Alabama, despite claims from disabled and at-risk voters that making them vote inside polling places puts them in danger of contracting the coronavirus. The justices stayed a lower-court injunction that lifted the prohibition on drive-through voting that was issued by Alabama’s secretary of state. Justice Sonia Sotomayor argued that allowing curbside voting was a “modest” accommodation to those at greatest risk of severe illness or death from Covid-19.

Arizona – Dead Contributor Among Questions Raised Over Phoenix Mayor Candidate’s Campaign Filings
Arizona Republic – Jen Fifield, Farah Eltohamy, and Jose-Ignacio Castaneda Perez | Published: 10/24/2020

Among the dozens of donors listed as contributing to Tim Seay’s campaign for Phoenix mayor is Marvin Cox, a former fire chief in Maywood, Illinois. Cox is listed as contributing $5,000 on July 3. But he died more than a year earlier, in May 2019. His is one of several contributions on Seay’s campaign finance reports that raise questions, including others that came from people who said had not donated to his campaign. In an email, Seay said generally he knows he has “made some mistakes” on his campaign finance reports. He said that was due to his lack of experience as a candidate and inability to find an experienced campaign manager.

Arizona – Top Democrats Sue Over Arizona Redistricting Panel List
Associated Press News – Bob Christie | Published: 10/23/2020

Democratic leaders of the Arizona Legislature say two of five independents chosen by a judicial panel as potential chairpersons of a commission that will redraw political district boundaries next year are not legally eligible for the post. They want the nominees replaced with qualified people. The lawsuit alleges utility company executive and attorney Thomas Loquvam is not qualified because he is registered as a lobbyist. They also are challenging Robert Wilson, a gun store owner who is registered as an independent but has held rallies for President Trump and other Republicans. They say that shows he is not truly an independent as the constitution requires.

California – Gig Companies Open the Door to Campaigning by App
Politico – Katy Murphy | Published: 10/26/2020

Rideshare and delivery companies are not only spending record sums, they are wielding their own platforms and using customer data to win on Proposition 22, a November ballot measure that would exempt some gig companies from a California law that classifies many freelance workers as full-time employees. The moves by Uber, Lyft, and others show what is possible, technologists and legal experts say, when tech companies brush past norms and consumer expectations, leveraging their influence and everything they know about the public for their political advantage. Given how much data is stored on their servers, data privacy experts fear the companies themselves could influence the electorate when they face an existential threat like the gig companies do in California.

California – SLO County Board Wants to Cap Campaign Conations at $25,000 – More Than 5 Times State Limit
San Luis Obispo Tribune – Lindsay Holden | Published: 10/21/2020

The San Luis Obispo County Board of Supervisors directed staff members to prepare an ordinance to cap political donations at $25,000 per person, an amount that is five times the statewide limit that will go into effect next year. Assembly Bill 571 will limit campaign contributions at $4,700 starting in January 2021 in all cities and counties that do not already have their own election finance laws.

Colorado – Court of Appeals: Colorado ethics commission not subject to CORA or state open meetings law
Colorado Freedom of Information Coalition – Jeffrey Roberts | Published: 10/27/2020

Neither the Colorado Open Records Act nor the Open Meetings Law applies to the constitutionally created state commission that investigates allegations of ethical misconduct involving public officials, the state Court of Appeals ruled. Rejecting the Glendale mayor’s argument that a District Court has jurisdiction to review the Colorado Independent Ethics Commission’s denial of his records requests, a three-judge appellate panel determined the commission is not a state agency or public body subject to the open-government laws.

Colorado – Denver City Council Votes Down Money Transfer from Fair Elections Fund
Westworld – Connor McCormick-Cavanagh | Published: 10/26/2020

The Denver City Council voted against pulling money from a municipal campaign finance fund and putting it toward other priorities in the 2021 budget. Denver voters passed a measure creating the Fair Elections Fund, which began collecting an annual allocation of approximately $2 million from the city budget starting in 2020. The fund can hold no more than $8 million per election cycle; candidates will have access to it for the first time during the 2023 Denver municipal elections. During the comment period, many speakers talked about the importance of the fund to encourage grassroots candidacies.

Connecticut – FBI Probes New Haven City Contract; Harp Wiretapped, Says Fraudster Tried to Set Her Up
Connecticut Mirror – Paul Bass (News Haven Independent) | Published: 10/21/2020

Then-New Haven Mayor Toni Harp walked out of Jack’s Steakhouse in 20109 with an envelope filled with thousands of dollars of cash handed to her by an accused money launderer. A city contract followed and a federal grand jury investigation. But it is unclear who was up to what. Harp had dinner that night with her top aide, Andrea Scott; city Controller Daryl Jones; and entrepreneur Derek Bluford, who is under federal indictment for financial fraud and was looking for a way to lessen his prison sentence. The group had been discussing a contract Bluford wanted the city to give a company with which he was involved. And they discussed his help in raising money for Harp’s reelection campaign. Bluford handed Harp an envelope as they left. Harp and Scott said they did not open the envelope until later, when they were shocked to find $7,000 in cash rather than legitimate individual campaign contribution checks.

Florida – A ‘Dark Money’-Funded Ballot Measure in Florida Could Make It Harder to Pass Future Amendments
MSN – Jonah Goldman Kay (Business Insider) | Published: 10/29/2020

In the next election cycle after 2020, Florida voters might not pass any constitutional amendments. If passed, an initiative on the ballot this year, Amendment 4, would require any future amendments to be passed in two consecutive elections. Only one other state, Nevada, has a similar requirement in its constitution. The “Are You Sure” measure was sponsored by Keep Our Constitution Clean, a secretive nonprofit with ties to a major business advocacy organization in Florida. Opponents of the amendment say it is another attempt from the Republican-led Legislature to suppress the vote by making it more difficult to get amendments on the ballot.

Georgia – In Georgia, Democrats Target the True Silent Majority: People who don’t vote
New York Times – Astead Herndon | Published: 10/28/2020

Over 100 million eligible, voting-age Americans did not vote in 2016, more than the number who voted for either presidential candidate. In traditional swing states like Pennsylvania and Wisconsin, most observers believe turnout is largely fixed and campaigns succeed based on their ability to persuade a set of voters. But in the new set of battleground states in the South, as well as Arizona, the priority is converting nonvoters into voters. The thinking is that If the Democratic Party can reshape the electorate with new arrivals to the state, well as greater participation from Black residents and immigrants, a red state becomes a blue one. But experts who study nonvoting populations warn the work of changing electorates is hard and complicated. There is no such thing, they say, as an inevitable demographic destiny.

Illinois – Flossmoor Trustee Resigns So He Can Keep Lobbying Chicago City Hall
WTTW – Heather Cherone | Published: 10/22/2020

Chicago lobbyist Gyata Kimmons resigned his elected position as a Flossmoor village trustee, citing rules that took effect months ago prohibiting elected officials from lobbying Mayor Lori Lightfoot and other city departments. The village announced Kimmons’ resignation the same day The Chicago Tribune published a report detailing how after aldermen banned elected officials from lobbying city government, he on two occasions exchanged emails directly with Lightfoot on behalf of Unibail–Rodamco–Westfield, a real estate company he lobbies City Hall on behalf of tenants at O’Hare International Airport. Kimmons was notified by Chicago that he had to immediately decide between lobbying the city professionally or holding public office.

Illinois – Inspector General Should Probe Cook County Commissioner, Chief of Staff Amid Pot Firm Revelations, Ethics Experts Say
Chicago Sun-Times – Tom Schuba | Published: 10/21/2020

A Cook County commissioner and her chief of staff should be investigated for joining a fledgling marijuana company after serving as state cannabis regulators, government ethics experts said. Cook County Commissioner Bridget Degnen acknowledged she is working with Americanna Dream, a startup seeking licenses to operate recreational marijuana dispensaries. The Sun-Times has since learned her chief of staff and general counsel, Tara Meyer, is also partnered with the company, which is among 21 finalists. Susan Garrett, chairperson of the Center for Illinois Politics, said there are simply “too many missing pieces to this puzzle” and recommended the Illinois Office of the Executive Inspector General probe the matter.

New Hampshire – Pappas Confirms Relationship with Ex-Lobbyist, Says Mowers Crossed a Line
Manchester Union-Leader – Josie Albertson-Grove | Published: 10/22/2020

U.S. Rep. Chris Pappas’ campaign confirmed he is dating a former lobbyist after his opponent brought up the relationship in a debate but said it has had no bearing on his votes. The campaign said Pappas and Vann Bentley are in a relationship. Bentley left a job as a lobbyist for Amazon in August 2019. Members of Congress are not barred from having and are not required to disclose romantic relationships with lobbyists.

New Jersey – State Education Department Orders Suspension of Paterson BOE Member
Bergen Record – Joe Malinconio (Paterson Times) | Published: 10/26/2020

The New Jersey Department of Education ordered that Paterson school board member Emanuel Capers be suspended for six months for taking a free trip to an Arizona resort from a company looking for a contract from the district. The company, Woz U, eventually got a contract from Paterson Public Schools for online courses, but never received any payment from the district for its services. Interim Education Commissioner Kevin Dehmer’s decision largely agrees with a state ethics commission ruling but softened the panel’s suggested penalty. The commission had called for Capers’ removal from office. Prior to the ethics panel decision, an administrative law judge had ruled in Capers’ favor.

Ohio – Attorney General Challenges Legality of Householder Using $1M Campaign Cash for Legal Fees
MSN – Marc Kovac (Columbus Dsipatch) | Published: 10/22/2020

State Attorney General Dave Yost said he would file a complaint with the Ohio Elections Commission after it was disclosed that former House Speaker Larry Householder used campaign cash to cover legal fees since his July arrest on federal corruption charges. Yost said the spending was illegal and he directed staff in his office to pursue a formal complaint. Householder’s pre-general election campaign finance filing included seven expenditures since July totaling more than $1 million to three law firms. Federal prosecutors allege Householder used “dark money” from FirstEnergy and related entities to support the campaigns of his supporters and block referendum efforts to overturn 2019 nuclear bailout legislation.

Ohio – Ohio’s Drop-Box Dispute Shows How Voting Rights Groups and Democrats Fear Trump’s Influence
MSN – Michael Kranish (Washington Post) | Published: 10/27/2020

An alliance of voting and civil rights groups – noting federal recommendations call for one ballot drop box for every 15,000 to 20,000 voters – sued Ohio Secretary of State Frank LaRose, declaring his decision to limit the boxes to one per county was the definition of voter suppression. At a time when many people do not want to go to the polls due to the pandemic, or do not trust the U.S. Postal Service to deliver ballots on time, the groups said drop boxes are vital. The battle in Ohio underscores the fears of Democrats and voting rights advocates about the influence President Trump’s false claims about fraud via mail-in ballots and drop boxes could have over voters’ ability to cast a ballot and the counting of ballots.

Ohio – What Actually Happened with FirstEnergy’s $158K Checks to Ohio Politicians
MSN – Jessie Balmert (Cincinnati Enquirer) | Published: 10/23/2020

Newly released records show what actually happened with mysterious checks that FirstEnergy cut to Ohio politicians shortly before a massive bribery investigation came to light. Between July 6 and July 16, FirstEnergy’s PAC issued checks worth $158,000 to Ohio Senate, House, and state Supreme Court candidates. But many candidates said they never received that money. FEC reports from the committee now show FirstEnergy canceled $103,000 in checks to 43 Ohio House candidates and state Supreme Court candidates Judi French and Sharon Kennedy on September 17. What happened to the remaining $55,000? FirstEnergy PAC sent that money to 20 Ohio Senate candidates. The checks, issued July 6, were not voided. But only one was cashed for certain.

Oregon – Judge Rules City Must Open Investigation into Portland Mayor Ted Wheeler’s $150,000 Loan to His Campaign
OPB – Rebecca Ellis | Published: 10/23/2020

A judge ruled the city auditor must examine a complaint into Portland Mayor Ted Wheeler’s $150,000 loan to his own re-election campaign. Voters approved strict campaign finance limits in 2018 including a $5,000 cap on how much candidates can loan themselves. But City Auditor Mary Hull Caballero decided not to enforce the self-funding portion of the charter, saying it conflicts with the U.S. Supreme Court precedent and would inevitably be struck down by the court. Multnomah County Circuit Court Judge Thomas Ryan ruled the auditor had to follow the rules in the charter and city code and look into the complaint that alleged Wheeler violated campaign finance rules with his loan.

Oregon – Kate Brown Struck Secret Deal with Oregon Homebuilders Over Wildfire Codes, Lobbyists Say on Tape
Street Roots – Chris May | Published: 10/21/2020

After Oregon’s homebuilders lobby tried, but failed, to block regulations allowing local governments to implement their own wildfire safety standards in new construction, it is now relying on a secret agreement with Gov. Kate Brown to ensure those standards are not mandated statewide in fire-prone regions. Street Roots obtained secretly made recordings of this agreement being discussed at high-level meetings between Portland and Oregon Home Builders Association board members and top lobbyists. The audio provides a rare window into how one of the state’s most influential industries holds sway over critical public policy issues through lobbying, “revolving-doors,” and access to influential lawmakers.

Pennsylvania – Ballots Can’t Be Tossed Out Over Voter Signature, Court Says
Associated Press News – Marc Levy | Published: 10/23/2020

The Pennsylvania Supreme Court ruled unanimously on a key concern surrounding an avalanche of mailed ballots, prohibiting counties from rejecting them if the voter’s signature on it does not resemble the signature on the voter’s registration form. Republican lawmakers and President Trump’s campaign had argued the law is clear election officials must compare the information on the mail-in ballot envelope, including a voter’s signature, to a voter’s information on file to determine a person’s qualifications to vote. But the justices disagreed, as did a federal judge in a separate case brought earlier the Trump campaign.

Tennessee – Tennessee Sen. Joey Hensley Defends Prescribing Opioids to Relatives, Lover
The Tennessean – Brett Kelman | Published: 10/26/2020

A lawyer for state Sen. Joey Hensley conceded the politician, a small-town doctor, prescribed opioids to family members and an employee with whom he was in a romantic relationship, in what the state contends is a violation of medical ethics. Attorney David Steed said it was well-intentioned, harmless, and all but unavoidable for Hensley to prescribe to relatives in a small Tennessee town where he is the only available physician. Francine Baca-Chavez, a state attorney prosecuting the case, asked the Tennessee Board of Medical Examiners to put Hensley on professional probation for three years and require him to attend classes on safe prescribing and medical ethics.

Utah – Republican Burgess Owens May Have to Refund Thousands of Dollars in Campaign Donations
Salt Lake Tribune – Bryan Schott | Published: 10/27/2020

Burgess Owens, the Republican nominee in Utah’s Fourth Congressional District, appears to be at the center of a campaign finance controversy with a week to go until Election Day. Owens’ campaign accepted more than $135,000 in illegal campaign contributions, which is approximately 40 percent of the money he has available for the stretch run to the election. All the donations in question have a notation on the report that the amounts are not permitted, and the campaign is waiting for written directions from the donors about what to do with the cash. FEC rules allow donors to reallocate excessive amounts to another member of the household, or to another election, so long as that person is not also over the limit. The other option is a refund. It is not clear whether the campaign has indeed remedied the disputed donations.

Wisconsin – Supreme Court Won’t Extend Wisconsin Ballot Deadline
Politico – Josh Gerstein and Zach Montellaro | Published: 10/26/2020

The U.S. Supreme Court declined to reinstate a court-ordered extension of the deadline for the receipt of absentee ballots in Wisconsin, siding with Republicans in a battle over election procedures amid the ongoing coronavirus pandemic. The high court brushed aside complaints from Democrats and civil rights groups that enforcing the usual deadline of Election Day could leave thousands of ballots uncounted due to postal service changes and the massive number of voters seeking to vote by mail instead of in person. A District Court judge in Wisconsin issued an order pushing back the state’s due date for mail ballots from the close of polls on Election Day to November 9, as long as they were postmarked by November 3. A three-judge panel of the Seventh U.S. Circuit Court of Appeals suspended the lower court’s ruling.

Wyoming – Wyoming Gun Rights Group Fights Ruling to Disclose Donors
Associated Press News – Staff | Published: 10/22/2020

An attorney for a gun rights advocacy group in Wyoming challenged a ruling by the secretary of state to disclose the group’s donors, arguing the ruling is an attempt to stifle political speech after the group was accused of running attack ads against Republican candidates. The Greater Cheyenne Chamber of Commerce filed the complaint against Wyoming Gun Owners over ads the group ran in the past year despite not being registered with the secretary of state’s office as required by law. The group must now register with the state and disclose its donors or face a $500 fine. Stephen Klein asked the state elections division to dismiss the complaint, saying there was a lack of documentation that showed the ads were against the law.

Wyoming – Wyoming Is Using Dark Money to Help Keep Coal Plants in Other States Open
National Public Radio – Cooper McKim and Andrew Graham | Published: 10/28/2020

After years of lawsuits, the utility Entergy Arkansas agreed to shut down two coal plants. Weeks later, the Arkansas Attorney General and a local coalition called the Arkansas Affordable Energy Coalition intervened, asking a judge to stop the settlement. They argued other fuel sources would be more expensive and less reliable. Emails show the coalition represents more than just coal, gas, and steel businesses in Arkansas. It was created by the nonprofit Energy Policy Network, whose largest donor most years is the state of Wyoming, home to the coal mines that feed the two Arkansas plants slated for shut down. Several ethics experts say this is the first time they have heard of a state using “dark money” in this way. They said it raises questions about state officials backing a group that surreptitiously seeks to impact policy elsewhere.

October 29, 2020 • Written by Allyson Smith

Thursday’s LobbyComply News Roundup

Campaign Finance Colorado: “Denver City Council Votes Down Money Transfer from Fair Elections Fund” by Connor McCormick-Cavanagh for Westworld Utah: “Republican Burgess Owens May Have to Refund Thousands of Dollars in Campaign Donations” by Bryan Schott for Salt Lake Tribune […]

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