Campaign Finance

National: “Golf Courses, Dallas Cowboys: Report questions how Congress spends campaign money” by Lesley Clark for McClatchy DC

South Dakota: “Rich Relatives Are Unlimited Source of Campaign Cash in South Dakota” by Seth Tupper for Rapid City Journal

Elections

National: “In a Year of Political Logos, Campaigns of All Stripes Preferred Blue” by Chris Alcantara for Washington Post

Ethics

National: “‘Nothing on This Page Is Real’: How lies become truth in online America” by Eli Saslow (Washington Post) for St. Louis Post-Dispatch

National: “House Ethics Committee Sanctions Two Members Over Sexual Harassment Allegations” by Michael Brice-Saddler for Chicago Tribune

National: “Supreme Court Will Weigh Trump’s Plan to Add Citizenship Question to 2020 Census” by Charles Savage for Los Angeles Times

National: “Senate Democrats Sue to Block Whitaker from Serving as Acting AG” by Cailtin Opresko for Politico

Connecticut: “State Ethics Board to Appeal Court Ruling in UConn Football Coach Randy Edsall’s Case” by Dave Altimeri for Hartford Courant

Kansas: “Leavenworth County Official: ‘Master race’ comment was misconstrued by public, media” by Katy Bergen for Kansas City Star

Oregon: “Former Oregon State Board Director Faces $20,000 Ethics Fine, but He’s Not Here” by Ben Botkin for Salem Statesman-Journal

Lobbying

Utah: “‘Killing Two Birds with One Stone’: Lobbyist, political news publisher and columnist asks for an interview and offers campaign cash in email to state senator” by Benjamin Wood for Salt Lake Tribune

The New York Joint Commission on Public Ethics has launched a new lobbyist reporting system. The Organization Profile section has gone live.

All Organization Profiles from the previous system have been transferred to the new lobbying application and require an update to ensure all the information is correct.

The Commission has created an informational page to help users navigate the new system.

Campaign Finance

National: “These Democrats Swore Off PACs. But Corporate Lobbyists Have a Plan” by Kate Ackley for Roll Call

National: “GOP Megadonor Miriam Adelson Is Winning a Medal. But Are Republicans Losing the Political Money War?” by Carrie Levine and Dave Levinthal for Center for Public Integrity

Michigan:”Republican Bill Would Shield Donors to ‘Dark Money’ Groups in Michigan” by Riley Biggins for Bridge Michigan

Elections

National: “Julian Assange Is Secretly Charged in U.S., Prosecutors Mistakenly Reveal” by Charlie Savage, Adam Goldman, and Michael Schmidt (New York Times) for WRAL

California: “San Diego Loosening Rules for Phone Polls and Phone Ads to Avoid Skewed Results” by David Garrick for San Diego Union Tribune

Georgia: “Stacey Abrams Ends Fight for Georgia Governor” by Alan Blinder and Richard Fausset (New York Times) for WRAL

Ethics

National: “Judge Hands CNN Victory in Its Bid to Restore Jim Acosta’s White House Press Pass” by Paul Farhi (Washington Post) for MSN

Lobbying

Oklahoma: “Lobbyists Await Largest Number of Freshmen Lawmakers Since Statehood” by Janelle Stecklein for McAlester News Capital

Redistricting

Maryland: “Maryland Appeals Partisan Gerrymandering Decision to Supreme Court” by Ann Marimow and Erin Cox for Washington Post

The city council of San Diego voted unanimously to introduce an ordinance providing tighter restrictions on the handling of confidential documents by council members.

Following a breach and subsequent criminal probe for information provided to investors by a council member last year, the council voted to close the loophole allowing disclosure if done as a necessary function of official duties.

In addition, new language in the code now makes it illegal for lobbyists who may receive confidential documents from using or disclosing them in any way.

Lobbyists are also prohibited from disseminating a confidential document through intermediaries, such as a spouse or a cousin.

Penalties for lobbyists who illegally review or disseminate confidential documents include potential misdemeanor charges and the possibility of being sued by the city for damages.

Federal:

Banner Year for Female Candidates Doesn’t Extend to Republican Women
MSN – Susan Chira (New York Times) | Published: 11/15/2018

The number of Republican women in Congress next year will drop, even as the ranks of Democratic women swell to record heights. With a few races still undecided, the new Congress will have at least 105 Democratic women and 19 Republican women. From Congress to governor to state Legislatures, far more Democratic women ran in this cycle than Republican women. And that means fewer Republican women on the bench, gathering experience and credentials to move up to the next level. With fewer women as candidates and officeholders, Republicans risk further widening a gender gap already at historic levels, since far more women vote Democratic than Republican, said Mirya Holman of Tulane University.

Delay, Deny and Deflect: How Facebook’s leaders fought through crisis
MSN – Sheera Frenkel, Nicholas Confessore, Cecilia Kang, Matthew Rosenberg, and Jack Nicas (New York Times) | Published: 11/14/2018

Facebook has reshaped political campaigns, the advertising business, and daily life around the world. But as evidence mounted that Facebook’s power could also be exploited to disrupt elections, broadcast viral propaganda, and inspire campaigns of hate, founder Mark Zuckerberg and Chief Operating Officer Sheryl Sandberg stumbled. Bent on growth, the pair ignored warning signs and then sought to conceal them from public view. Sandberg has overseen a lobbying campaign to combat Facebook’s critics and ward off regulation. Allies of Facebook in Washington, D.C. intervened on its behalf. But trust in the company has sunk, while its growth has slowed. Regulators and law enforcement officials are investigating Facebook’s conduct with Cambridge Analytica, a political data firm that worked with Donald Trump’s 2016 campaign.

House Democrats’ Win Fuels K Street Hiring
Politico – Theodoric Meyer and Marianne Levine | Published: 11/7/2018

The Democratic takeover of the U.S. House, even as Republicans expanded their majority in the Senate, ends two years of unified GOP control of Washington in which corporate America and its lobbyists saw major victories, including a tax bill that slashed the corporate rate and extensive deregulation. Washington offices of major corporations now are grappling with how to work a Democratic House full of newly elected members, many of whom ran on promises to resist special interests and who are generally younger and more diverse than the denizens of K Street. Some lobbying firms, the biggest of which are typically bipartisan and pride themselves on their ability to thrive no matter which party is in power, and companies have already hired new Democratic lobbyists in anticipation the party might take back the House.

Trump Involved in ‘Nearly Every Step’ of Hush-Money Payments to Stormy Daniels and Karen McDougal: WSJ
CNBC – Kevin Brueniger and Dan Mangan | Published: 11/9/2018

President Trump was heavily involved during his presidential campaign in silencing the stories of women who claimed to have extramarital affairs with him, according to a report from The Wall Street Journal that contradicts repeated denials from Trump. Federal prosecutors have gathered evidence that Trump worked with his friend and media executive David Pecker to use the National Enquirer tabloid to buy the silence of adult-film star Stormy Daniels and former Playboy model Karen McDougal. Trump was allegedly involved in nearly every step of the process to prevent Daniels and McDougal from publicizing their stories and worked with his longtime lawyer and fixer Michael Cohen to coordinate the deals.

Trump Seeks to Land Blow Against Media in Court Fight with CNN
Politico – Jason Schwartz and Michael Calderone | Published: 11/14/2018

Trump administration lawyers asserted in court that the president could bar “all reporters” from the White House complex for any reason he sees fit. The sweeping claim, which came in the first public hearing over CNN’s lawsuit to restore correspondent Jim Acosta’s White House credentials, could have a dramatic impact on news organizations’ access to government officials if it is upheld in court. CNN argued in its lawsuit that the White House infringed on Acosta’s First Amendment rights by revoking his access in response to a dispute at a recent press conference. The arguments represented an escalation in Trump’s fight against the media, with more than a dozen news organizations weighing in on CNN’s side.

From the States and Municipalities:

Alabama: How a Top Official Landed in Criminal Trouble
E&E News – Sean Reilly | Published: 11/14/2018

An Environmental Protection Agency (EPA) official in the Trump administration was indicted on charges stemming from a previous job. Trey Glenn, director for the agency’s southeast region, helped a law firm fight potential EPA actions to clean up contaminated sites in Alabama on behalf of Drummond Co., which could be responsible for the cleanups. A grand jury indicted Glenn and former Alabama Environmental Management Commissioner Scott Phillips for their roles in the controversial efforts. A federal jury earlier this year convicted Balch partner Joel Gilbert and Drummond vice president David Roberson for bribing an Alabama lawmaker as part of the effort to stop the cleanup effort. Glenn and Phillips were both called as witnesses in that trial, and evidence showed they were closely with Balch on the effort to stop the cleanups.

California: SoccerCity Document Leak by San Diego Councilman Prompts Tougher Restrictions
San Diego Union Tribune – David Garrick | Published: 11/13/2018

Prompted by Councilperson Chris Cate’s sharing of confidential documents with SoccerCity investors last year, the San Diego City Council approved tighter restrictions on the handling of such documents. The tougher guidelines aim to prevent future disclosures and make it easier to prosecute leakers. In case a leak still occurs despite the new rules, the council also voted to make it illegal for lobbyists who may receive confidential documents from “using, accepting, or disclosing” them in any way. To avoid potential loopholes, the council added language saying a lobbyist also cannot disseminate a confidential document and cannot use intermediaries to disseminate it, such as a relative.

Florida: Inside the Republican Strategy to Discredit the Florida Recount
MSN – Jeremy Peters and Maggie Haberman (New York Times) | Published: 11/13/2018

Republicans’ strategy in Florida this year to discredit the recount in the close U.S. Senate race reflects their experience in the 2000 presidential election in the state. GOP strategists say they prevailed then largely because they approached the recount as they did the race itself, with legal, political, and public relations components that allowed them to outmaneuver Democrats. The effort Gov. Rick Scott and allies are waging today is similar to that multifront war in 2000 led by the George W. Bush campaign and an army of party consultants. Lawyers are filing complaints in Tallahassee; surrogates for Scott are holding news conference calls with journalists and sitting for interviews on television, blaming Democrats for tarnishing the integrity of the electoral process; and party officials are encouraging demonstrators to gather at sites where the recounts are taking place.

Missouri: Despite Election Night Victory, Fight Over Ethics Overhaul in Missouri May Not Be Over
St. Louis Post-Dispatch – Kurt Erickson | Published: 11/11/2018

Missouri voters approved a constitutional amendment to change ethics laws and overhaul the way the state’s political maps are drawn. But with the changes scheduled to start going into effect December 6, the initiative could face another round of scrutiny in a courtroom and at the Capitol. The same groups of opponents who tried to keep the “Clean Missouri” initiative off the ballot say they are mulling further legal action aimed at stopping the reforms. “We fully intend to oppose Clean Missouri any way we can,” said Dan Mehan, executive director of the Missouri Chamber of Commerce and Industry. Senate President Pro Tem-elect Dave Schatz said the Legislature may want to tinker with certain parts of the initiative.

New Jersey: Bankers’ Group Seeks End to Ban on Gifts to Local Candidates
Yahoo! Finance – Charles Toutant (Law.com) | Published: 11/11/2018

A century-old law barring banks from making contributions to candidates in local and state elections is being challenged by the New Jersey Bankers Association. The bankers filed suit seeking a declaration that the ban is unconstitutional, and asking for an order enjoining enforcement. The lawsuit claims banks’ First Amendment rights are violated by the inability to make campaign contributions. Banks are banned from making contributions of any kind or amount to, or in support of, political parties or candidates for any state or local office under the New Jersey statute. But nonbank corporations are not subject to any such prohibition, with a few exceptions, according to the plaintiff.

North Dakota: Victorious North Dakota Measure 1 Supporters Expect More Work, Lawsuits
Bismarck Tribune – Tru-Uyen Tran (Forum News Service) | Published: 11/8/2018

Voters may have approved North Dakota’s Measure 1 aimed at combating corruption but the group behind it has no plans to break up anytime soon. Being a constitutional amendment, the measure relies on lawmakers to implement it, which creates opportunities for supporters and opponents to influence that process. Ellen Chaffee, one of the founders of North Dakotans for Public Integrity, said her group will also stay together because it is anticipating legal challenges by opponents. Passage means that, among other things, the “ultimate and true source” of money spent on media to influence politics must be disclosed, lobbyists can no longer give gifts to public officials, and a state ethics commission must be formed to investigate violations.

Oregon: Oregon Lawmaker Under Scrutiny for Posting Home Addresses of Ballot Measure Petitioners
Governing – Maxine Bernstein (Portland Oregonian) | Published: 11/15/2018

A gun control advocacy group called on the Oregon House to investigate state Rep. Bill Post for putting online the phone numbers and home addresses of the chief petitioners of a ballot measure to ban assault weapons. In a Facebook post, Post encouraged gun rights supporters to personally contact three Portland clergy leading the initiative campaign to ban assault weapons and high capacity magazines in Oregon. He posted the message on the Facebook page of a group called “The Heirs of Patrick Henry, Northwest.” The post led to harassing emails and phone calls to the petitioners, and it has had a chilling effect on others challenging the gun rights lobby, said Ceasefire Oregon Executive Director Penny Okamoto.

Virginia: U.S. Supreme Court to Take Up Virginia Redistricting Case on Racial Gerrymandering
Washington Post – Gregory Schneider and Robert Barnes | Published: 11/13/2018

The U.S. Supreme Court will take up the issue of redistricting in Virginia, agreeing to hear an appeal filed by Republican legislators after a lower court’s ruling that 11 House of Delegates districts must be redrawn to correct racial gerrymandering. The action does not appear to halt the redistricting process, though, which is underway at the hands of a special master. It will be the second time the high court has heard the case. It sided with challengers in demanding further review of the districts, drawn by Virginia Republicans to ensure that 55 percent of eligible voters were black. What remains to be seen is whether the Supreme Court will again take up the issue of partisan gerrymandering, which it has never found to be unconstitutional.

Campaign Finance

Arizona: “Arizona Utility Regulators Ask Judge to Bar Colleague’s Investigation of Them” by Howard Fischer (Capitol Media Services) for Arizona Daily Star

Michigan: “Bill Could Provide a Potential $92K Windfall for 2 Michigan Senators” by Paul Egan for Detroit Free Press

New York: “Sugarman Election Complaint Seeks $700K in NYSUT Penalties” by Chris Bragg for Albany Times Union

Elections

Florida: “Inside the Republican Strategy to Discredit the Florida Recount” by Jeremy Peters and Maggie Haberman for MSN

Ethics

Federal: “Justice Dept. Defends Legality of Trump’s Appointment of Acting Attorney General” by Charlie Savage for New York Times

Lobbying

Federal: “A Fugitive Financier’s Charm Offensive Has P.R. Firms Proceeding with Caution” by Matthew Goldstein and Kenneth Vogel for New York Times

Canada: “Sask. eHealth Exec Got Free PGA Golf Trip from Vendor Doing Business with Province” by Geoff Leo for CBC

California: “SoccerCity Document Leak by San Diego Councilman Prompts Tougher Restrictions” by David Garrick for San Diego Union Tribune

Redistricting

Virginia: “U.S. Supreme Court to Take Up Virginia Redistricting Case on Racial Gerrymandering” by Gregory Schneider and Robert Barnes for Washington Post

Campaign Finance

National: Corporate PACs Try to Rebuild Their Reputations After Midterms by Lorraine Woellert for Politico

Elections

National: In ‘Rainbow Wave,’ LGBT Candidates Are Elected in Record Numbers by Christina Caron (New York Times) for WRAL

North Carolina: Details of NC’s New Voter ID Requirement Still Need to Be Worked Out by Sarah Krueger for WRAL

Ethics

National: Ex-Congressman Sentenced to 10 Years for Stealing Charitable Donations by Matt Stevens (New York Times) for WRAL

New York: Eric Schneiderman Won’t Face Criminal Charges Over Allegations of Abuse by Camila Domonoske for National Public Radio

Oklahoma: Oklahoma Watch: Governor-elect Kevin Stitt’s business ties could cause conflicts of interest by Paul Monies (Oklahoma Watch) for Tulsa World

Lobbying

National: House Democrats’ Win Fuels K Street Hiring by Theodoric Meyer and Marianne Levine for Politico

Florida: Miami Tells Officials Not to Talk to Beckham Team Until Ethics Complaint Is Resolved by Joey Flechas for Miami Herald

National:

Forget the Russians. On This Election Day, It’s Americans Peddling Disinformation and Hate Speech.
Washington Post – Craig Timberg and Tony Romm | Published: 11/6/2018

Even as Silicon Valley has become more aggressive in battling foreign efforts to influence U.S. politics, it is losing innumerable cat-and-mouse games with Americans who are eagerly deploying the same techniques used by the Russians in 2016. Experts point to a rampant online spread of misleading reports and images about the migrant caravan in Mexico, for example – and especially the demonstrably false allegations that billionaire George Soros is funding a violent “invasion” of the United States. Accounts controlled by Russians probably helped amplify such misleading narratives, but the evidence so far is they started with American political activists who are increasingly adept at online manipulation techniques but enjoy broad free-speech protections that tech companies have been reluctant to challenge.

Industries Turn Freedom of Information Requests on Their Critics
WRAL – Elizabeth Williamson | Published: 11/5/2018

Dennis Ventry Jr., a law professor at the University of California, Davis, drew the ire of tax preparation companies by criticizing a deal they have to provide a free tax filing service through the IRS. The companies promptly hit back with a tactic that corporations, lobbyists, and interest groups are increasingly using against academic researchers: their trade coalition filed a public records request with the university seeking everything Ventry had written or said about the companies this year, including emails, text messages, voice mails, and hand-jotted notes. It was just one example of how both state-level public records laws and the Freedom of Information Act, written to ensure transparency and accountability in government, have morphed into potent weapons in legal and business disputes, raising questions about the chilling effects, and cost, they impose on targets who are doing research in controversial or sensitive fields.

Federal:

Anyone Can Make a Super PAC – Even Prisoners and Kids Who Can’t Vote
Center for Responsive Politics – Kaitlin Washburn | Published: 11/1/2018

Super PACs wield massive financial power and influence in elections. Just this cycle alone, super PACs registered with the FEC have received over $1.3 billion and have spent $695 million. And by following a few simple steps, most anyone can own a super PAC. The Center for Responsive Politics identified eight super PACs created by people who cannot participate in elections. Some of them were started by teenagers who cannot vote, while others were formed by people in prison.

Far-Right Internet Groups Listen for Trump’s Approval, and Often Hear It
MSN – Kevin Roose and Ali Winston (New York Times) | Published: 11/4/2018

As President Trump waged a fear-based campaign to drive Republican voters to the polls for the midterm elections, far-right internet communities have been buoyed as their once-fringe views have been given oxygen by Republicans. These radical communities have entered into a sort of imagined dialogue with the president. They create and disseminate slogans and graphics and celebrate when they show up in Trump’s Twitter feed days or weeks later. They carefully dissect his statements, looking for hints of their influence. And when they find those clues, they take them as evidence that Trump is “/ourguy/,” a label for people internet extremists believe share their views, but who are unable to say so directly in public.

Lobbyists Hit Campaign Trail to Help Old Bosses, Earn ‘a Little Bit of Currency’
Politico – Theodoric Meyer | Published: 11/3/2018

Members of Congress received help before Election Day from a tiny but influential subset of on-the-ground volunteers: Washington D.C. lobbyists eager to help their old bosses, and perhaps their own careers. Lobbyists fanned out across the country to knock on doors for favored candidates, nearly a dozen of them said in interviews and emails. Building relationships with lawmakers and their staffs is crucial to success on K Street and spending a couple of days knocking on doors is one way to strengthen that bond. Some in the industry also remain close to old bosses on Capitol Hill or just want to get out of Washington and dabble in campaigning for a few days.

Sessions’s Ouster Throws Future of Special Counsel Probe into Question
MSN – Rosalind Helderman, Matt Zapotosky, and Carol Leonnig (Washington Post) | Published: 11/7/2018

Attorney General Jeff Sessions resigned at the request of President Trump, causing uncertainty in the investigation of Russian interference in the 2016 election. Trump named as acting attorney general Matthew Whitaker, Sessions’ chief of staff. A Justice Department official said Whitaker would assume final decision-making authority over special counsel Robert Mueller’s probe. As a legal commentator, Whitaker has said Mueller appeared to be taking his investigation too far. There were immediate calls by Democrats and watchdogs for Whitaker to recuse himself. Democrats, emboldened by winning control of the U.S. House, also promised to investigate Sessions’ forced resignation and suggested Trump’s actions could amount to obstruction of justice if he intended to disrupt the criminal inquiry.

Three Candidates Indicted on Felony Fraud Charges Survive Midterms. One Just Barely.
Washington Post – Meagan Flynn | Published: 11/7/2018

Three Republican candidates facing an assortment of corruption charges appeared to squeak past their Democratic opponents to hang onto their jobs. They include U.S. Rep. Duncan Hunter, indicted on charges of wire fraud and accusations he funded a luxurious lifestyle with campaign donations; U.S. Rep. Chris Collins, indicted on insider trading charges; and Texas Attorney General Ken Paxton. indicted on felony securities fraud charges in state court, accused of lying to friends and potential investors about his financial stake in a technology company. Despite the close races in solid-red territory, their apparent victories highlight the polarizing political climate in which criminal investigations into elected officials are frequently met with more sympathy among supporters than scorn.

White House Shares Doctored Video to Support Punishment of Journalist Jim Acosta
MSN – Drew Harwell (Washington Post) | Published: 11/8/2018

CNN’s Jim Acosta had his White House press credentials revoked, with the Trump administration claiming he manhandled a female intern. During a press conference, Acosta got into a spat with the president and persisted in asking questions, and a female intern tried to take his microphone away from him. White House Press Secretary Sarah Sanders posted an edited video of the incident where the action is generally slowed down but speeds up right before the moment of contact to create the false impression of a deliberate jab on the part of Acosta. The event highlighted how video content, seen as a verification tool for truth and confirmation, has become as vulnerable to political distortion as anything else.

From the States and Municipalities:

Florida: Before Going to Prison, Former Opa-locka Commissioner Worked on Political Campaigns
Miami Herald – Jay Weaver and Maya Kaufman | Published: 11/6/2018

Before he surrendered to a correctional facility, former Opa-locka City Commissioner Luis Santiago – who pleaded guilty to pocketing thousands of dollars in bribes – spent the fall election season working as a campaign aide for John Riley, an Opa-locka commissioner running for mayor, and other candidates on the November 6 ballot. Riley said he had no qualms about hiring Santiago as a part-time campaign worker, despite his pleading guilty to extorting money from Opa-locka businesses seeking city permits and contracts. “It kept his mind busy and gave him a sense of purpose,” Riley said. “It’s depressing knowing that you’re going to be facing prison.”

Missouri: Amendment 1: Voters strongly support Clean Missouri redistricting plan, ethics reform
Columbia Missourian – David Reynolds, Thomas Oide, and Tessa Weinberg | Published: 11/6/2018

Amendment 1 was approved by Missouri voters. It bans all lobbyist gifts in the General Assembly worth more than five dollars and requires politicians to wait at least two years after the conclusion of the legislative session in which they last served before becoming lobbyists. Amendment 1 also lowers the $2,600 campaign contribution limit for state legislative candidates and requires legislative records to be subject to the state’s open records law. The amendment’s changes to the redistricting process have caused the most controversy. A nonpartisan state demographer will be tasked with drawing the districts and a bipartisan commission will review the results.

New York: Lobbyist Arrested, Accused of Bribing State Legislator
Rochester Democrat and Chronicle – Gary Craig | Published: 11/1/2018

Albany-based lobbyist Robert Scott Gaddy faces federal charges for offering to pay a bribe during an investigation that already includes the arrest of New York Assemblyperson Joseph Errigo. Gaddy’s arrest grew out of an FBI investigation into fraud and corruption in a redevelopment project in Rochester. Federal authorities say that while investigating the project, agents learned of possible criminal conduct by Gaddy. A person working with the FBI allegedly approached Gaddy about paying a bribe to a member of the Assembly. “Yeah … yeah, no problem,” Gaddy responded, according to the FBI. Authorities alleged Errigo took money from a lobbyist to introduce legislation designed to stop the project.

North Dakota: Aimed at Combating Corruption, North Dakota Voters Pass Measure 1
Dickinson Press – Tu-Uyen Tran | Published: 11/6/2018

Voters in North Dakota approved Measure 1 on the November 6 ballot. It will, among other provisions, require the Legislature to pass laws requiring the disclosure of the “ultimate and true source” of money spent on media to influence campaigns, ban lobbyists from giving gifts to public officials, prohibit politicians from using campaign funds for personal purposes, and create a state ethics commission to investigate violations.

South Dakota: Out-Of-State Initiative Money Ban Likely to Face Challenge
Rapid City Journal – James Nord (Associated Press) | Published: 11/7/2018

South Dakota’s first-in-the-nation law that bans out-of-state money from ballot question campaigns faces an uncertain future, with critics saying it is likely to be challenged in court. The U.S. Supreme Court has interpreted the Constitution’s free-speech protections as prohibiting any limitations on money in ballot measure elections, Paul S. Ryan, vice president of policy and litigation at Common Cause, has said. The high court has said contributions to candidates can be limited to prevent the corruption of public officials. At least two states, Alaska and Hawaii, restrict out-of-state donations to candidates, but Alaska’s limits face a court challenge.

Campaign Finance

Arizona: “Arizona Voters OK Public Campaign Finance Change” by the Associated Press for Arizona Daily Star

New York: “NYC Charter Amendments Win Approval from Voters” by Noah Manskar for New York City Patch

Oregon: “Portland Voters Pass Campaign Finance Limits” by Amelia Templeton for Oregon Public Broadcasting

Elections

National: “Democrats Oust Walker in Wisconsin and Kobach in Kansas but Fall Short in Florida and Ohio” by Adam Nagourney, Sydney Ember, and Patricia Mazzei (New York Times) for WRAL

National: “Three Candidates Indicted on Felony Fraud Charges Survive Midterms. One Just Barely.” by Meagan Flynn for Washington Post

National: “Midterm Elections: Democrats flip House as GOP expands Senate majority” by David Fahrenthold, Isaac Stanley-Becker, and Elise Viebeck for Washington Post

Ethics

National: “Sessions’s Ouster Throws Future of Special Counsel Probe into Question” by Rosalind Helderman, Matt Zapotosky, and Carol Leonnig for Washington Post

Missouri: “Amendment 1: Voters strongly support Clean Missouri redistricting plan, ethics reform” by David Reynolds, Thomas Oide, and Tessa Weinberg for Columbia Missourian

New Mexico: “New Mexico Voters OK Ethics Commission” by Associated Press for KRWG

North Dakota: “Aimed at Combating Corruption, North Dakota Voters Pass Measure 1” by Tu-Uyen Tran for Dickinson Press

Legislative Issues

Utah: “Voters Favor Proposed Constitutional Amendment Empowering Lawmakers to Call Themselves into Special Session” by Dan Harrie for Salt Lake Tribune

Redistricting

National: “Anti-Gerrymandering Reforms Sweep the Nation Tuesday” by Shawn Griffiths for IVN

City of San Diego voters approved Measure L to limit lobbying and campaign activities of elected city officers.

The measure increases the restriction on lobbying by former city officials from one to two years.

The measure also eliminates the city elective officer exception to receiving honoraria prohibited by state law.

Voters in Phoenix overwhelmingly passed Proposition 419, an amendment to the Charter of the City of Phoenix requiring any person, association of persons or entity making expenditures to influence the result of a city election to disclose and identify expenditures and contributions including original and intermediary sources of major contributions.

This is the latest in a nationwide trend to limit the influence of so-called dark money.

Proponents for the proposition argued Proposition 419 was a critical step to restoring the public’s trust in our elections.

The proposition passed 86.1 percent to 13.89 percent.

North Carolina voters defeated a constitutional amendment to establish an eight-member Bipartisan Board of Elections and Ethics Enforcement.

In defeating the amendment, voters validated a previous North Carolina Supreme Court ruling that struck down a 2017 law establishing the eight-member board because it reduced the governor’s executive authority and failed to provide representation for unaffiliated voters.

Currently, the governor appoints eight of nine members of the board from nominees provided by the two largest political parties.

The governor appoints the ninth member from nominations provided by the other eight members.

North Dakota Voters passed a constitutional measure to establish an ethics commission.

Initiated Constitutional Measure 1 addresses the transparency of funding sources, lobbyists, conflicts of interests, and the establishment of an ethics commission.

The measure further restricts lobbyists ability to give gifts and campaign contributions.

The legislative assembly is directed to pass laws that provide electronically accessible public disclosure of funding that attempts to influence state-wide elections and ballot measures.

Voters approved Amendment 12, titled Lobbying and Abuse of Office by Public Officers.

The amendment expands restrictions on lobbying for compensation by former public officers, former justices, and judges.

Effective December 31, 2022 the measure bans state and local officials from lobbying for a period of six years after leaving public office.

The prohibition includes individuals serving as a statewide elected officer, member of the Legislature, a county commissioner, school superintendent or board member, elected municipal officer, and the agency head of an executive branch department of the state government.

The measure also prohibits abuse of a public position to obtain a personal benefit.

The Legislature will establish penalties for violations of the prohibition against abuse of a public position to take effect December 31, 2020.