March 9, 2021 •
U.S. Senate to Receive “For the People Act 2021” After Passes U.S. House
Legislation aimed at reforming U.S. campaign finance, lobbying, and ethic laws has passed in the U.S. House of Representatives. H.R. 1, For the People Act 2021, is a sweeping 791-page bill. The proposed new law, which passed the House on […]
Legislation aimed at reforming U.S. campaign finance, lobbying, and ethic laws has passed in the U.S. House of Representatives. H.R. 1, For the People Act 2021, is a sweeping 791-page bill. The proposed new law, which passed the House on March 3, now heads to the U.S. Senate.
Among the changes in the bill, H.R. 1 restructures the Federal Election Commission and amends federal conflict of interest and lobbying laws. Introduced by Rep. John Sarbanes, the bill requires enhanced disclosure of donors making political contributions, creates a multiple matching system for small donations for political campaigns, and amends rules governing super PACs.
If passed, the bill also requires presidential candidates to disclose their tax returns, prohibits partisan gerrymandering, increases oversight over election vendors, creates an automatic voter registration across the country, and changes registration requirements for lobbyists and foreign agents.
March 9, 2021 •
Federal In-House Lobbyists Registration Threshold Increased
One of the federal lobbying registration thresholds for organizations employing in-house lobbyists has been increased. Now, an organization employing in-house lobbyists whose total expenses in connection with lobbying activities do not exceed and are not expected to exceed $14,000 in […]
One of the federal lobbying registration thresholds for organizations employing in-house lobbyists has been increased. Now, an organization employing in-house lobbyists whose total expenses in connection with lobbying activities do not exceed and are not expected to exceed $14,000 in the quarterly period is not required to be registered. The previous level was $13,000. This threshold amount is adjusted every four years based on the Consumer Price Index.
The threshold amount for lobbying firms remains the same. A lobbying firm or individual lobbyist whose total income for matters relating to lobbying activities on behalf of a particular client does not exceed or is not expected to exceed $3,000 in the quarterly period is exempt from registration with respect to such client.
Other determinations for registration include whether a lobbyist is an individual who, with respect to a particular client, makes more than one lobbying contact and whose lobbying activities constitute at least 20% of the individual’s time in services for that client over any three-month period.
March 9, 2021 •
Tuesday’s LobbyComply News Roundup
Campaign Finance Massachusetts: “Body Armor and Pepper Spray: Politicians can buy safety gear with campaign funds after Capitol attack” by Matt Stout (Boston Globe) for MSN Elections National: “Biden Signs Executive Order Promoting Voting Rights on 56th Anniversary of ‘Bloody […]
Campaign Finance
Massachusetts: “Body Armor and Pepper Spray: Politicians can buy safety gear with campaign funds after Capitol attack” by Matt Stout (Boston Globe) for MSN
Elections
National: “Biden Signs Executive Order Promoting Voting Rights on 56th Anniversary of ‘Bloody Sunday’” by Felicia Sonmez and Amy Gardner (Washington Post) for Seattle Times
Illinois: “How Michael Madigan’s Departure Accelerates a Shift in Chicago Politics from Old-School Machine to New-Era Progressives” by Bill Ruthhart and John Byrne (Chicago Tribune) for Yahoo News
Ethics
National: “Rep. Eric Swalwell Sues Trump Over Jan. 6 Riot, Alleging He Poses Risk of ‘Inciting Future Political Violence’” by Spencer Hsu (Washington Post) for MSN
California: “S.F. City Hall Corruption: Recology to repay customers $94.5 million for rates Mohammed Nuru helped set” by Megan Cassidy (San Francisco Chronicle) for MSN
New York: “NY Officials Removed Fuller Tally of Nursing Home Deaths” by Staff for Associated Press News
North Dakota: “North Dakota House Expels Lawmaker Accused of Misconduct” by James MacPherson for Associated Press News
Lobbying
National: “Digging in as an All-GOP Firm in a Democratic Town” by Kate Ackley (Roll Call) for MSN
West Virginia: “Ethics Commission Breaks Up County Prosecutor’s Hiring of Her Boyfriend” by Phil Kabler for Charleston Gazette and Mail
March 8, 2021 •
Monday’s LobbyComply News Roundup
Campaign Finance New York: “Is NYC’s Expensive Campaign Finance Program Worth the Cost?” by Cindy Rodriguez for Gothamist Elections Georgia: “Georgia Republicans Want to Reshape Voting Laws, Burdening Voters of Color” by Carrie Levine, Kimberly Cataudella, and Stephen Fowler for […]
Campaign Finance
New York: “Is NYC’s Expensive Campaign Finance Program Worth the Cost?” by Cindy Rodriguez for Gothamist
Elections
Georgia: “Georgia Republicans Want to Reshape Voting Laws, Burdening Voters of Color” by Carrie Levine, Kimberly Cataudella, and Stephen Fowler for Georgia Public Broadcasting
Ethics
National: “State Department Aide Appointed by Trump Stormed the Capitol, Beat Police with a Riot Shield, FBI Says” by Katie Shepherd (Washington Post) for San Diego Union Tribune
National: “House Restarts Push to Enforce Subpoena for Trump Financial Records” by Todd Ruger (Roll Call) for MSN
National: “Feds Investigating Hagedorn Appearances on Minnesota Talk Radio Station” by Daniel Newhauser (Minnesota Reformer) for SouthernMinn.com
Ohio: “In Filing, FirstEnergy Said State Regulator Acted for the Company’s Benefit as a Result of $4.3 Million Payment” by Andrew Tobias (Cleveland Plain Dealer) for MSN
Lobbying
California: “As Newsom Pushes to Extend Emergency Spending Authority During Pandemic, Lobbyist Influence Remains Opaque” by Scott Rodd for Capital Public Radio
Michigan: “Lobbyist Advanced Client’s Plan as Appointee on Michigan Pot Panel” by Craig Mauger (Detroit News) for Yahoo News
Oregon: “Lobbyists Try for Influence, Without as Much Access to Oregon Lawmakers” by Jake Thomas (Salem Reporter) for Portland Oregonian
March 5, 2021 •
Aurora, Colorado Ordinance Would Create Lobbyist Registration, Reporting Requirements
Aurora City Council member Angela Lawson is sponsoring an ordinance to create lobbyist registration and reporting requirements. Lawson’s sweeping proposals would require lobbyists to register their clients and income with the city and submit quarterly, detailed reports on their activities […]
Aurora City Council member Angela Lawson is sponsoring an ordinance to create lobbyist registration and reporting requirements.
Lawson’s sweeping proposals would require lobbyists to register their clients and income with the city and submit quarterly, detailed reports on their activities and financial motivations.
Lobbyists who do not comply with the regulations could lose the ability to influence city officials on matters from development to zoning rules, permits and city contracts, face possible expulsion and up to $2,500 fines per charge.
The rules would apply not only to lobbyists and the City Council but also to the city manager, staff, board and commission members, and presiding judges, among others. The city clerk would be responsible for deciding if rules have been violated and handing down judgments.
City Council members will review the proposal during their next regular meeting on March 8.
March 5, 2021 •
News You Can Use Digest – March 5, 2021
National/Federal Biden Won’t Release White House Virtual Visitor Logs Politico – Anita Kumar | Published: 3/1/2021 President Biden and is under pressure to do more to restore confidence in the federal government following Donald Trump’s term in the White House. But […]
National/Federal
Biden Won’t Release White House Virtual Visitor Logs
Politico – Anita Kumar | Published: 3/1/2021
President Biden and is under pressure to do more to restore confidence in the federal government following Donald Trump’s term in the White House. But the schedules for the president and vice president are not posted online, the White House comment line is shut down, and there are no citizen petitions on the White House’s website. The administration has committed to releasing visitor logs. But it does not plan to divulge the names of attendees of virtual meetings, which are the primary mode of interaction until the pandemic eases. While Biden has received praise for keeping the American public informed, primarily by resuming the daily White House press briefings, he has yet to hold a news conference of his own.
Budget Nominee Tanden Withdraws Nomination Amid Opposition
Associated Press News – Alexandra Jaffe | Published: 3/2/2021
President Biden’s pick to head the Office of Management and Budget, Neera Tanden, has withdrawn her nomination after she faced opposition from key Democratic and Republican senators for her controversial tweets. Her withdrawal marks the first high-profile defeat of one of Biden’s nominees. The White House stuck with Tanden even after some centrist Republicans made their opposition known. Tanden faced pointed questions over her past comments about members from both parties during her confirmation hearing. Sen. Bernie Sanders accused her of issuing “vicious attacks” against progressives and had not said whether he’d support her nomination.
Capitol Riot Defendants Facing Jail Have Regrets. Judges Aren’t Buying It.
MSN – Rachel Weiner and Spencer Hsu (Washington Post) | Published: 2/26/2021
As defendants charged in the Capitol siege have been coming through court, some have been shifting blame onto former President Trump, downplaying their actions, or expressing remorse. But federal judges, particularly those who work a few blocks from the Capitol, are not buying it. One judge called a defendant’s claim of civil disobedience “detached from reality.” Another verbally smacked down an attorney who tried to use the QAnon conspiracy theory to explain his client shouting “kill them all.” Other judges have been giving defendants civics lessons on how democracy works.
Elaine Chao Used DOT Staff to Aid Personal Errands, Father’s Business, Inspector Finds
Politico – Sam Mintz and Tanya Snyder | Published: 3/3/2021
Former Transportation Secretary Elaine Chao repeatedly used her staff and her position of power to boost the reputation of her shipping magnate father and otherwise aid her family, the Department of Transportation’s inspector concluded. The internal watchdog faulted Chao for four kinds of ethics violations, including planning to bring relatives on an official trip to China and requiring the department’s public affairs staff to help market a book written by her father. It found she also had employees handle personal errands such as shipping Christmas ornaments. Investigators referred their findings to the Justice Department for prosecution in December but it declined.
Ethics Watchdog: ‘Substantial’ evidence GOP lawmaker improperly spent funds, misused position to help brother
The Hill – Cristina Marcos | Published: 3/1/2021
The Office of Congressional Ethics (OCE) concluded there is “substantial” evidence that U.S. Rep. Steven Palazzo misused campaign as well as official funds and used his office to help his brother in violation of House rules. The OCE said it found evidence indicating Palazzo asked his House office staffers to perform campaign work and personal errands; and used his position as a member of Congress to contact the assistant secretary of the Navy to help his brother reenlist. The report said Palazzo charged his campaign committee rent for ostensibly using a riverfront home he owned as a headquarters, equal to the amount of his monthly mortgage, insurance, and tax payments “during a time of personal financial stress.”
Facebook Lifts Political Ad Ban
Politico – Elena Schneider | Published: 3/3/2021
Facebook lifted its ban on political ads, ending a self-imposed prohibition that began immediately after the 2020 general election and remained active for months. Facebook’s platform is one of the largest and most cost-effective ways for campaigns to reach voters and potential supporters. Digital strategists in both parties were critical of Facebook’s decision to cut off access to voters for the last several months, upending off-year campaign strategies.
HR 1 Overhaul Would Set New Holiday and New Rules for Lobbyists, Elections and Justices
MSN – Kate Ackley (Roll Call) | Published: 3/3/2021
The U.S. House approved a sweeping political money, elections, influence, and ethics measure, but the bill faces an uncertain fate in the Senate. A hallmark of the package would set out an optional system to finance congressional campaigns with public money. It would provide a six-to-one match of small-dollar campaign donations. Under the legislation, all states would be required to send voters an application to cast their ballots by mail. Now, anyone who keeps their lobbying activities under 20 percent of their time for a client can remain under the public radar. HR 1 would take that threshold down to 10 percent.
‘It’s Donald Trump’s Party’: How the former president is building a political operation to cement his hold on the GOP
MSN – Josh Dawsey and Michael Scherer (Washington Post) | Published: 2/27/2021
Any doubts about Donald Trump’s primacy in the Republican Party have been settled in recent weeks by the parade of petitioners he has welcomed to his Florida club. The party chairperson, the top two House Republicans, U.S. Sen. Lindsay Graham, and a coterie of other former aides and advisers have all made appearances at Mar-a-Lago, offering their counsel and seeking the favor of a former president who many believe controls the short-term fortunes of GOP candidates up and down the ballot and has made it clear he plans to use that power. Trump has started building his post-White House political operation and cementing his role as the party’s de facto leader.
Jim Jordan Under Scrutiny for Nearly $3 Million in Unreported Campaign Funds
Yahoo News – Roger Sollenberger (Daily Beast) | Published: 3/3/2021
The campaign committee for U.S. Rep. Jim Jordan received ten notices from the FEC flagging discrepancies on its books totaling nearly $3 million dollars and dating back over two years. The campaign claims the errors slipped through the cracks amid a record fundraising surge, and it has more money on the books now, but experts say the dollar amount – errors totaling some $2.87 million – may trigger an FEC investigation. The errors also appear connected to newly developed, largely hidden payment systems in the murky world of Republican digital advertising, where vendors not only receive direct spending, but take cuts from fundraising as well.
Rep. Ronny Jackson Made Sexual Comments, Drank Alcohol and Took Ambien While Working as White House Physician, Pentagon Watchdog Finds
CNN – Manu Raju, Barbara Starr, Zachary Cohen, and Oren Lieberman | Published: 3/3/2021
The Department of Defense inspector general’s office found U.S. Rep. Ronny Jackson made “sexual and denigrating” comments about a female subordinate, violated the policy for drinking alcohol while on a presidential trip, and took prescription-strength sleeping medication that prompted concerns from his colleagues about his ability to provide proper care during his time serving as the top White House physician. The report notes the investigation into Jackson “was limited in scope and unproductive” as White House counsel under Donald Trump insisted on being present at all interviews of current White House Medical Unit employees, which had a “potential chilling effect” on the probe.
Supreme Court Appears to Favor Upholding Voting Laws Lower Court Found Unfair to Minorities
Anchorage Daily News – Robert Barnes (Washington Post) | Published: 3/2/2021
The U.S. Supreme Court seemed inclined to make it more difficult to challenge widely used voting laws that in practice might be more of a burden to minority voters. The justices reviewed the protections provided by the Voting Rights Act (VRA) to forbid laws that result in discrimination based on race. The cases involve two voting regulations that are in common use across the country. One throws out the ballots of those who vote in the wrong precinct. The other restricts who may collect ballots cast early for delivery to polling places, a practice then-President Trump denounced as “ballot harvesting.” The greater impact will be the test the court develops for proving violations of the VRA, as new laws are proposed and state Legislatures begin redrawing congressional and legislative districts.
Canada
Canada – Ontario Law Would Restrict Election Spending by Third-Party Groups, Double Donation Limits for Individuals
Toronto Star – Robert Benzie | Published: 2/25/2021
Ontario Premier Doug Ford’ Progressive Conservatives have unveiled proposed campaign finance changes, doubling annual donation caps to $3,300, extending per-vote subsidies for political parties, and limiting PAC spending. Under legislation, advance polling days would also be increased from five to 10 to allow for safer voting in the COVID-19 era. Conservatives want to clamp down on PACs, such as the pro-Tory Ontario Proud and Working Families, which boosted the Liberals in past election campaigns. Such third-party advertising groups spent more than $5 million in the six months leading up to the June 2018 election.
From the States and Municipalities
Arizona – ‘Dark Money’ Is Still Trying to Influence Phoenix Elections Despite New Law. Here’s How.
MSN – Jen Fifield (Arizona Republic) | Published: 2/24/2021
Some Phoenix voters got the first deceitful political mailer from Americans for Progress nearly two weeks ago, and they just keep coming. The ads are seemingly attempting to trick voters in the progressive district into thinking Yassamin Ansari, a Democratic candidate for Phoenix City Council, is a Republican. But voters do not have a way of knowing who is sending them. Americans for Progress has yet to file a disclosure with the city. A new law was intended to stop these “dark money” ads from influencing city elections, but the group sending the ads remains shrouded in secrecy, even as voting for city council races is underway.
California – 5 Charged in SF Corruption Probe, Temporarily Barred from Receiving City Contracts
KPIX – Staff | Published: 3/2/2021
Five business executives linked to widespread corruption in San Francisco have been temporarily barred from doing business with the city. All five have been implicated in a federal investigation that began more than a year ago and centers around high-ranking city officials like former Department of Public Works Director Mohammed Nuru and former Public Utilities Commission General Manger Harlan Kelly accepting gifts in exchange for help obtaining city contracts. The suspension orders are the first of their kind. A 2020 city law allows for city contractors who have been charged criminally, civilly, or administratively to be suspended from receiving public funds while the case against them is ongoing.
California – Ethics Commission Staff Were Told to Soften Their Advice on Gifts, Whistleblower Says
MSN – David Zahniser (Los Angeles Times) | Published: 2/25/2021
Heather Holt, who was executive director of the Los Angeles City Ethics Commission, told staffers at a 2018 meeting that a member of the city council had “threatened to cut the Ethics Commission’s budget if they did not give more permissive advice” on certain gift rules, according to an email written by Alexandria Latragna, the agency’s ethics program manager at the time. Latragna wrote Holt told commission staff that to maintain a good relationship with the council, they would need to be more “middle of the road” with the advice they gave on rules involving private events sponsored by lobbyists. David Tristan, who replaced Holt as executive director, issued a denial of the incident on her behalf.
California – Prosecutors Extract Pleas, $215 Million in Charter School Fraud Case
Voice of San Diego – Will Huntsberry | Published: 2/26/2021
The two ringleaders of an online charter school scam that raked in hundreds of millions of dollars in taxpayer money pleaded guilty to conspiracy charges. Sean McManus and Jason Schrock, as well as nine other defendants, were charged in 2019 as part of a complicated scheme that involved enrolling fake students into their online charter schools and collecting public money for each student. As part of McManus and Schrock’s plea deal, they agreed to turn over all remaining cash and assets owned by A3 and its subsidiary companies. So far, that includes at least $215 million that will eventually make its way back into state coffers.
Colorado – Aurora Moves Forward Bills on Lobbying Disclosures, Sales Tax Exemptions on Menstrual Products
Aurora Sentinel – Grant Stringer | Published: 3/1/2021
The Aurora City Council gave first approval to a bill implementing strict lobbying disclosure requirements. The rules would require lobbyists to register their clients and income with the city, which would be made public to boost public trust in government, Councilperson Angela Lawson said. They would have to submit quarterly, detailed reports on their activities and financial motivations or face up to $2,500 fines per each charge.
Connecticut – Ex-State Employee Faces $5K Penalty for Using Work Computer, Email for Private Businesses
MSN – Russell Blair (Hartford Courant) | Published: 3/2/2021
A former employee of the Connecticut Department of Energy and Environmental Protection agreed to pay a $5,000 penalty after an investigation determined he used his state-issued computer, phone, and email address to run private businesses unrelated to his state job. Sean Condon used the state equipment to operate a retail men’s hair and skin care product business and an internet marketing business while on state time, according to a consent order he signed with the Office of State Ethics.
Florida – Legislating in the Time of COVID-19 Means Putting Protections Over Public Access
Yahoo News – Mary Ellen Klas and Kirby Wilson (Miami Herald) | Published: 3/2/2021
Florida legislators opened their 60-day session this year trying to navigate a global pandemic and stay healthy enough to avoid disrupting their activities, access to elected government is limited. Gov. Ron DeSantis has not allowed the Capitol to be open to visitors and the public, even as he ordered all businesses to be open in Florida. Citizens are kept out of the buildings and at a distance, and the pandemic protocols set up by legislative leaders to allow the public to testify in person before committee hearings have proven cumbersome and technology challenged.
Florida – Wealthy Keys Enclave Received COVID Vaccines in January Before Much of the State
MSN – David Goodhue and Mary Ellen Klas (Miami Herald) | Published: 3/3/2021
As Florida’s eldest residents struggled to sign up to receive their first dose of the COVID-19 vaccine, nearly all those aged 65 years and older in a wealthy gated enclave in the Florida Keys had been vaccinated by mid-January. The Ocean Reef Club is home to many wealthy donors to the Florida Republican Party and GOP candidates, including Gov. Ron DeSantis. In fact, the only people from Key Largo who gave to DeSantis’ political committee live in Ocean Reef. On February 25, one resident of Ocean Reef, Bruce Rauner, the former Republican governor of Illinois, donated $250,00 to DeSantis.
Illinois – Ex-Lawmaker’s Indictment Stems Partly from Secret ComEd Payments, Source Says
WBEZ – Dave McKinney, Tony Arnold, and Dan Mihalopoulos | Published: 2/25/2021
A newly filed federal tax-evasion indictment against a former member of ex-Illinois House Speaker Michael Madigan’s leadership team stems at least in part from secret payments for “government relations” work from Commonwealth Edison (ComEd). A source familiar with the probe said a six-count indictment against former state Rep. Edward Acevedo is a byproduct from the ongoing bribery investigation into ComEd’s Springfield lobbying practices. Federal charging documents against Acevedo and separate tax-evasion charges against his two sons do not make that connection clear. But the source said the case relates, in part, to unreported income originating from ComEd that Acevedo received from a company called Apex Strategy.
Illinois – Illinois Democrats Tap U.S. Rep. Robin Kelly of Matteson to Succeed Michael Madigan as State Party Chair
MSN – Rick Pearson (Chicago Tribune) | Published: 3/3/2021
Illinois Democratic leaders selected U.S. Rep. Robin Kelly as their new state party chairperson and the successor to embattled former House Speaker Michael Madigan, who held the post for 23 years. The race was not without controversy. Outside attorneys for the state Democratic Party warned that Kelly, as a federal officeholder, would be prohibited from raising state money because Illinois fundraising rules are less strict than the federal rules that bind the member of Congress.
Illinois – Madigan Picks Another House Successor After Quickly Forcing Out His First Choice Over ‘Alleged Questionable Conduct’
MSN – Rick Pearson (Chicago Tribune) | Published: 2/25/2021
Angie Guerrero-Cuellar became the second replacement in four days for the Illinois House seat held by former Speaker Michael Madigan following a meeting of local ward and township committee members. Guerrero-Cuellar succeeds Madigan’s original hand-picked successor, Edward Guerra Kodatt, who resigned after the former speaker and Chicago Ald. Marty Quinn called on him to step down for unspecified “alleged questionable conduct.” The abrupt moves over the vacancy created by Madigan’s resignation were a sharp contrast to the hands-on, detail-oriented style the ex-speaker has displayed in running his ward and district office.
Massachusetts – Massachusetts Republican Nominated for Top Campaign Finance Job
Boston Herald – State House News Service | Published: 2/26/2021
The panel that has been searching for a new director for the Massachusetts Office of Campaign and Political Finance (OCPF) was unanimous in its selection of Woburn City Clerk William Campbell to lead the agency. Secretary of State William Galvin mentioned talking with Campbell about the changing nature of campaigns and how the OCPF fits in. Campbell, if he accepts the job, would be the first new director since the retiring Michael Sullivan took charge of the agency about 27 years ago.
Michigan – Coronavirus Created ‘Perfect Storm’ That Rained Private Money on Michigan Election Administration
MSN – Gus Burns (MLive.com) | Published: 2/28/2021
The 474 local clerks’ offices in Michigan received millions of dollars from private nonprofits to administer the 2020 elections. Most spent grant funds on additional personnel needed to sort, verify, and count the influx of ballots that tripled for some offices due to relaxed absentee voting restrictions and a statewide push to promote remote voting. Some used their money for things like get-out-the-vote campaigns, ballot drop boxes, and in one case, a trailer that allowed city employees to travel to neighborhoods and deliver absentee ballots in person. Private money, usually reserved for politically motivated campaign efforts and ballot initiatives, has never entered Michigan elections this way, at the ground floor of democracy to pay for the mechanics.
Mississippi – Bill That Would Have Required Gov. Reeves to Reveal Inauguration Funding Dies in Senate
Northeast Mississippi Daily Journal – Luke Ramseth | Published: 3/3/2021
Lawmakers defeated legislation that would have provided transparency around how Gov. Tate Reeves and future Mississippi governors raise and spend money on inauguration festivities. House Bill 109 said Reeves and future governor-elects would be required to reveal their inauguration financial information to the secretary of state’s office, similar to how politicians must publicly disclose information about their campaign funds. Governors and other top Mississippi politicians have long used 501(c)4 nonprofits to fund their inauguration ceremonies, parties, and transition expenses. Donors to those nonprofits can be kept secret.
Montana – Lawmaker Revives Proposal to Eliminate State’s Top Political Cop
Helena Independent Record – Sam Wilson | Published: 2/25/2021
Rep. Derek Skees is reviving a proposal he brought four years earlier to eliminate Montana’s commissioner of political practices, the state’s enforcer of campaign finance and lobbying laws. Similar to legislation that passed the House in the 2017 session before stalling out in the Senate, House Bill 535 proposes shifting much of the office’s duties to the secretary of state, including receiving campaign statements and reports for candidates and political committees. Under the new bill, the secretary of state would also be responsible for receiving and investigating campaign finance and election complaints.
New Jersey – Firm Cited in Pay-to-Play Lawsuit Quits Job with N.J. Town
Newark Star Ledger – Bill Duhart (NJ Advance Media) | Published: 3/1/2021
A firm cited in a “pay-to-play” lawsuit resigned an appointment to a township government post days after it had been appointed for an additional year. Capehart Scatchard resigned its position as conflict counsel with Washington Township in Gloucester County after a pair of citizen watchdogs accused it of making campaign contributions to several elected township officials, including the mayor. The firms were then paid more than $17,500 for annual no-bid contracts, which is a violation of state “pay-to-play” laws, according to the suit.
New Mexico – Compromise Redistricting Bill Advances Unanimously from Senate Committee
New Mexico Political Report – Robert Nott (Santa Fe News Mexican) | Published: 3/2/2021
Lawmakers on the Senate Rules Committee came to a quick compromise on a measure they hope will set New Mexico’s sometimes controversial redistricting process on a smooth path via an independent, bipartisan panel to redraw voting district boundaries. The bill calls for a seven-member panel and prohibits a majority of Democrats or Republicans and only requires the commission to come up with three plans for the Legislature to consider. There is no language in that would force the Legislature to accept any of the submitted plans.
New Mexico – Lobbyists Still Picking Up the Tab
Yahoo News – Dan McKay (Albuquerque Journal) | Published: 2/28/2021
New Mexico lawmakers are conducting much of this year’s session online to limit the spread of COVID-19. Committee hearings have moved entirely to Zoom, and full meetings of the House and Senate are a mix of in-person and remote participation. The Capitol is closed, with only legislators, staff, and some media members allowed inside. But lobbyists are still finding ways to feed hungry lawmakers, sometimes in person.
New York – ‘Embarrassed’ Cuomo Apologizes but Won’t Resign Over Sexual Harassment Allegations
National Public Radio – Rachel Triesman | Published: 3/3/2021
In his first press briefing since three women came forward with claims of sexual harassment, New York Gov. Andrew Cuomo apologized for acting “in a way that made people feel uncomfortable,” but denied touching anyone inappropriately and said he would not resign. New York’s attorney general is investigating the allegations, which were raised by two former aides and a woman who met Cuomo at a wedding. Cuomo, who is facing mounting calls to resign, reiterated he will cooperate with that investigation, and asked New Yorkers to wait for the full report before forming an opinion.
New York – Trump’s Tax Returns Have Been Turned Over to Manhattan District Attorney
Seattle Times – Shayna Jacobs, David Fahrenthold, Jonathan O’Connell, and Tom Hamburger (Washington Post) | Published: 2/25/2021
The Manhattan district attorney’s office possesses former President Trump’s tax returns and a wealth of other financial data, records deemed central to prosecutors’ criminal investigation into Trump’s business activities. The transfer, involving millions of pages of documents spanning eight years, occurred within hours of the U.S. Supreme Court order rejecting Trump’s last-ditch bid to shield the information. Investigators are examining whether the values of certain properties in the Trump Organization’s portfolio were manipulated to gain tax advantages or favorable loans and insurance rates under false pretenses. They have asked specifically about the company’s methods of valuing its Manhattan assets for purposes of seeking loans.
North Carolina – Charlotte City Council Escapes Sanctions After Flurry of Ethics Complaints Ends Quietly
MSN – Alison Kuznitz (Charlotte Observer) | Published: 3/3/2021
Charlotte City Council members were cleared of any wrongdoing after a flurry of ethics complaints were filed against them in 2020. Although the findings clear any councilperson of direct violations of the city’s ethics guidelines, the review made several recommendations. In whole, the report appears to validate the council’s assertion that the frenzy of complaints –spurred on by an ethics policy that became “weaponized,” as council member Ed Driggs phrased it, by the public – were politically fueled and frivolous.
Oregon – A Decade After Oregon Cracked Down on Lobbyist Wining and Dining, Lawmakers Consider Loosening Limits
MSN – Hillary Borrud (Portland Oregonian) | Published: 3/2/2021
Oregon lawmakers are considering whether to allow lobbyists to “wine and dine” them without limits, more than a decade after they clamped down on the practice with a broad ethics law. The Legislature passed the bill after members were embarrassed by media reports on how beer and wine distributors paid for lawmakers to travel to Hawaii. Oregon law now bars legislators and other public officials from accepting more than $50 per year from any entity that wants to influence a government decision. Sen. Fred Girod, chief sponsor of Senate Bill 463, said scrapping the limit would help nurture the types of relationships lawmakers need in the Capitol because people are better able to connect when they are sharing a meal or drinks.
Oregon – Oregon Voters Want to Limit Money in Politics, but Lawmakers Might Not Get There This Session
MSN – Hillary Borrud (Portland Oregonian) | Published: 2/28/2021
Among the thousands of proposals Oregon lawmakers are considering this year, few have as clear-cut a mandate as capping campaign contributions. Voters overwhelmingly signaled their desire to clamp down on the state’s no-limits political money system in November, when they passed a constitutional amendment to allow donation limits. More than 1.7 million people voted for it, the most ever to support a ballot measure according to the secretary of state’s office. Yet it is far from clear that lawmakers will pass a law to cap donations during the five-month session that runs through June.
Pennsylvania – Good Government or ‘Gag’ Order? In Chesco, New Ethics Policy Muzzles County Workers
MSN – William Bender (Philadelphia Inquirer) | Published: 3/1/2021
Included in Chester County’s new ethics policy is a strict confidentiality clause for many county employees that would essentially turn almost everything learned on the job into the equivalent of classified information, a clampdown that labor-law experts say could infringe on First Amendment rights and whistleblower protections. Employees are required to sign the policy by March 6. Those who violate it can face disciplinary action, including termination. County commissioners passed the ethics policy unanimously two months after a media report, which relied partially on leaked information, revealed major problems with the county’s COVID-19 antibody testing program, contradicting county officials who had publicly insisted it ran smoothly.
South Carolina – Ex-Candidate for SC Legislature Sues Opponent, Pollster and Journalist for Defamation
The State – David Weisman (Myrtle Beach Sun News) | Published: 2/25/2021
South Carolina Sen. Luke Rankin won a contentious reelection campaign during last year’s Republican primary, but that clash has been renewed in the court system after his former opponent filed a defamation suit. John Gallman filed the complaint against Rankin and a host of other entities and people, including an Horry County Council member, local reporter, and national pollster, alleging a coordinated conspiracy to spread defamatory accusations and confidential health records, along with violating campaign finance laws.
South Carolina – Some SC Lawmakers Think It’s Time to Allow More Money in State Campaigns, Not Less
Charleston Post and Courier – Schuyler Knopf | Published: 2/27/2021
At a time when the public mood says there is too much money in politics, some South Carolina lawmakers think it is time to push the donation ceiling higher. Three House Republicans are behind an effort to double the contribution limit an individual can give to their favorite politician for any office. State Rep. B. Newton said the issue comes down to inflation and the fact that South Carolina’s legislative districts, particularly the suburbs, have seen a population explosion in recent years.
Tennessee – Tennessee Regulators Revisit Complaints About Shadowy Campaign Group
WTVF – Phil Williams | Published: 3/2/2021
Tennessee regulators decided to revisit complaints regarding shadowy campaign activities surrounding a legislative race. The Registry of Election Finance plans to reconsider its decision last year to take no action on complaints filed against state Rep. Todd Warner and a group that called itself the Faith Family Freedom Fund. That same day, the Faith Family Freedom Fund filed paperwork to close out its PAC, raising questions about whether it might be trying to sidestep further scrutiny. All of this comes as an FBI investigation focuses on a number of individuals connected with those campaigns.
Washington – Washington State Accuses Google of Campaign Finance Violations
Courthouse News Service – Karina Brown | Published: 2/24/2021
Washington Attorney General Bob Ferguson again sued Google, alleging it has continued to flout state campaign finance law. The law requires publishers to keep records of who bought the political ads they run, and to make that information available within 24 hours of publishing to anyone requesting it. Ferguson sued Google in 2018, claiming the company did not maintain or make available the data. Google agreed to pay $217,000 to settle those claims and announced it would no longer run ads for state or local elections in Washington. But since then, 57 candidates and political committees have filed reports detailing 188 payments totaling over $460,000 to Google’s advertising networks, according to the latest lawsuit.
Washington DC – In Faraway State Houses, a Battle Brews Over Making D.C. the 51st State
MSN – Meagan Flynn (Washington Post) | Published: 2/26/2021
Lawmakers in at least eight states have taken formal steps to support or oppose the District of Columbia becoming the 51st state, an unprecedented nationwide response to a once-fledgling movement now surging with momentum in Washington. The statehood bill sponsored by Del. Eleanor Holmes Norton will be the subject of a House Oversight Committee on March 11. The bill has enough support to pass the House, but it is likely to face roadblocks in the narrowly divided Senate. In her three decades leading the cause, Norton said, she has never seen such a flurry of action from so many states at once. She was even pleased to see the anti-statehood resolutions.
March 4, 2021 •
Thursday’s LobbyComply News Roundup
Campaign Finance National: “Jim Jordan Under Scrutiny for Nearly $3 Million in Unreported Campaign Funds” by Roger Sollenberger (Daily Beast) for Yahoo News New Jersey: “Firm Cited in Pay-to-Play Lawsuit Quits Job with N.J. Town” by Bill Duhart (NJ Advance […]
Campaign Finance
National: “Jim Jordan Under Scrutiny for Nearly $3 Million in Unreported Campaign Funds” by Roger Sollenberger (Daily Beast) for Yahoo News
New Jersey: “Firm Cited in Pay-to-Play Lawsuit Quits Job with N.J. Town” by Bill Duhart (NJ Advance Media) for Newark Star Ledger
Tennessee: “Tennessee Regulators Revisit Complaints About Shadowy Campaign Group” by Phil Williams for WTVF
Ethics
National: “Rep. Ronny Jackson Made Sexual Comments, Drank Alcohol and Took Ambien While Working as White House Physician, Pentagon Watchdog Finds” by Manu Raju, Barbara Starr, Zachary Cohen, and Oren Lieberman for CNN
National: “HR 1 Overhaul Would Set New Holiday and New Rules for Lobbyists, Elections and Justices” by Kate Ackley (Roll Call) for MSN
Florida: “Wealthy Keys Enclave Received COVID Vaccines in January Before Much of the State” by David Goodhue and Mary Ellen Klas (Miami Herald) for MSN
North Carolina: “Charlotte City Council Escapes Sanctions After Flurry of Ethics Complaints Ends Quietly” by Alison Kuznitz (Charlotte Observer) for MSN
South Carolina: “Some SC Lawmakers Think It’s Time to Allow More Money in State Campaigns, Not Less” by Schuyler Knopf for Charleston Post and Courier
Lobbying
New Mexico: “Lobbyists Still Picking Up the Tab” by Dan McKay (Albuquerque Journal) for Yahoo News
March 3, 2021 •
Wednesday’s LobbyComply News Roundup
Campaign Finance Mississippi: “Bill That Would Have Required Gov. Reeves to Reveal Inauguration Funding Dies in Senate” by Luke Ramseth for Northeast Mississippi Daily Journal Elections National: “Supreme Court Appears to Favor Upholding Voting Laws Lower Court Found Unfair to […]
Campaign Finance
Mississippi: “Bill That Would Have Required Gov. Reeves to Reveal Inauguration Funding Dies in Senate” by Luke Ramseth for Northeast Mississippi Daily Journal
Elections
National: “Supreme Court Appears to Favor Upholding Voting Laws Lower Court Found Unfair to Minorities” by Robert Barnes (Washington Post) for Anchorage Daily News
Ethics
National: “Ethics Watchdog: ‘Substantial’ evidence GOP lawmaker improperly spent funds, misused position to help brother” by Cristina Marcos for The Hill
National: “Biden Won’t Release White House Virtual Visitor Logs” by Anita Kumar for Politico
Connecticut: “Ex-State Employee Faces $5K Penalty for Using Work Computer, Email for Private Businesses” by Russell Blair (Hartford Courant) for MSN
Legislative Issues
Florida: “Legislating in the Time of COVID-19 Means Putting Protections Over Public Access” by Mary Ellen Klas and Kirby Wilson (Miami Herald) for Yahoo News
Lobbying
Colorado: “Aurora Moves Forward Bills on Lobbying Disclosures, Sales Tax Exemptions on Menstrual Products” by Grant Stringer for Aurora Sentinel
Oregon: “A Decade After Oregon Cracked Down on Lobbyist Wining and Dining, Lawmakers Consider Loosening Limits” by Hillary Borrud (Portland Oregonian) for MSN
Procurement
California: “5 Charged in SF Corruption Probe, Temporarily Barred from Receiving City Contracts” by Staff for KPIX
March 1, 2021 •
New Legislation Would Raise Contribution Limits in Ontario, Canada
On February 25, a bill was introduced in the Legislative Assembly of Ontario to increase the province’s contribution limits and make other changes to its election laws. Bill 254, Protecting Ontario Elections Act, 2021, as introduced by Attorney General Doug […]
On February 25, a bill was introduced in the Legislative Assembly of Ontario to increase the province’s contribution limits and make other changes to its election laws.
Bill 254, Protecting Ontario Elections Act, 2021, as introduced by Attorney General Doug Downey, proposes to amend the Election Act, the Election Finances Act, the Members’ Integrity Act, 1994, and the Municipal Elections Act, 1996.
Some of the changes in the bill include increasing contribution limits made to individual registered parties, party and non-party candidates, leadership candidates, constituency associations and nomination contestants of any one party or to the constituency association of any independent member. That amount increases from $1,650 to $3,300 per calendar year, with an increase of $25 for each calendar beginning on January 1, 2022.
Additionally, when selling a ticket for a fund-raising event, all, or any portion of its cost up to a maximum of $30, may be considered not to be a political contribution.
The time period on limiting third party advertisers’ spending would increase from six months to 12 months before an election. The proposed legislation also includes penalties for violations, allows members of the Assembly to endorse constituency associations, establishes the allowance of certain candidate electronic filings for municipalities, directs the Chief Electoral Officer (CEO) to establish an advisory committee on voting equipment and vote counting equipment, and expands powers of the CEO with respect to designating advance polls.
The bill also allows members of the Assembly to explicitly use social media for any matters a member wishes to bring to the attention of the public, including partisan matters.
March 1, 2021 •
Monday’s LobbyComply News Roundup
Campaign Finance Canada: “Ontario Law Would Restrict Election Spending by Third-Party Groups, Double Donation Limits for Individuals” by Robert Benzie for Toronto Star Arizona: “‘Dark Money’ Is Still Trying to Influence Phoenix Elections Despite New Law. Here’s How.” by Jen […]
Campaign Finance
Canada: “Ontario Law Would Restrict Election Spending by Third-Party Groups, Double Donation Limits for Individuals” by Robert Benzie for Toronto Star
Arizona: “‘Dark Money’ Is Still Trying to Influence Phoenix Elections Despite New Law. Here’s How.” by Jen Fifield (Arizona Republic) for MSN
Washington: “Washington State Accuses Google of Campaign Finance Violations” by Karina Brown for Courthouse News Service
Ethics
National: “Capitol Riot Defendants Facing Jail Have Regrets. Judges Aren’t Buying It.” by Rachel Weiner and Spencer Hsu (Washington Post) for MSN
California: “Ethics Commission Staff Were Told to Soften Their Advice on Gifts, Whistleblower Says” by David Zahniser (Los Angeles Times) for MSN
Montana: “Lawmaker Revives Proposal to Eliminate State’s Top Political Cop” by Sam Wilson for Helena Independent Record
New York: “Trump’s Tax Returns Have Been Turned Over to Manhattan District Attorney” by Shayna Jacobs, David Fahrenthold, Jonathan O’Connell, and Tom Hamburger (Washington Post) for Seattle Times
South Carolina: “Ex-Candidate for SC Legislature Sues Opponent, Pollster and Journalist for Defamation” by David Weisman (Myrtle Beach Sun News) for The State
Lobbying
Illinois: “Ex-Lawmaker’s Indictment Stems Partly from Secret ComEd Payments, Source Says” by Dave McKinney, Tony Arnold, and Dan Mihalopoulos for WBEZ
February 26, 2021 •
News You Can Use Digest – February 26, 2021
National/Federal Activist Shareholders Pressing Companies to Disclose More of Their Political Activity after Capitol Attack Washington Post – Tory Newmyer | Published: 2/23/2021 The insurrection at the Capitol continues to reverberate for major corporations that make campaign contributions. Dozens of companies […]
National/Federal
Activist Shareholders Pressing Companies to Disclose More of Their Political Activity after Capitol Attack
Washington Post – Tory Newmyer | Published: 2/23/2021
The insurrection at the Capitol continues to reverberate for major corporations that make campaign contributions. Dozens of companies have frozen their giving – either across the board or limited to the 147 Republican lawmakers who opposed certifying President Biden’s electoral victory – and pledged to rethink how they participate in the process. But some left-leaning investors and clients are concerned corporate interests are simply waiting for the dust to settle before resuming contributions to Republicans, despite those lawmakers also championing positions on environmental and social matters the companies say they oppose. So, they are leveraging their commercial relationships with the companies to try to force them to act. JPMorgan’s resistance to the activist push typifies the corporate response so far.
Bloomberg’s 2020 Aides Got an Unwelcome Surprise in Their Tax Forms
Politico – Christopher Cadelago | Published: 2/23/2021
Nearly a year after Michael Bloomberg’s $1 billion presidential campaign ended, his staff members are still dealing with the aftershocks. Aides to the former Democratic candidate started receiving tax forms recently that in some cases list incomes that are tens of thousands of dollars more than they were compensated in salary. The added amounts account for paid housing and other benefits they received last year, but the price tag is coming to many as a surprise. Bloomberg representatives have assured some aides the additional taxes they now owe the government were taken care of by the campaign. A Bloomberg campaign spokesperson said the aides were paid more during the campaign to account for the higher tax burden, though not all the ex-aides said they were aware of the arrangement at the time.
Cruz Returns from Cancun Amid Texas Crisis
Politico – Andrew Desiderio and Marianne Levine | Published: 2/18/2021
U.S. Sen. Ted Cruz was already treading on rough political terrain but then boarded a flight to Cancun during a natural disaster. The Texas Republican, condemned by opponents for objecting to November’s presidential election results even after rioters besieged the Capitol, fled his frozen home state for the Mexican resort city while Texans reeled from winter storms that have left millions without electricity and running water. Cruz took hours to acknowledge his trip as critics accused him of political malpractice at best and all-out negligence at worst.
Dominion Files Defamation Lawsuit Against MyPillow CEO Over False Claims Voting Machines Were Rigged Against Trump
Anchorage Daily News – Emma Brown (Washington Post) | Published: 2/22/2021
Dominion Voting Systems filed a defamation lawsuit against MyPillow Chief Executive Officer Mike Lindell, accusing him of seeking to boost pillow sales by promoting false claims that Dominion’s voting machines were manipulated to rig the 2020 election against then-President Trump. In interviews and other public appearances, the lawsuit says, Lindell repeatedly spread those claims while viewers were urged to buy his products. His company has offered discounts to customers who use the promo codes “QAnon” and “FightforTrump,” according to the lawsuit.
Election Officials Defended the 2020 Vote. In 2022, They’ll Have to Defend Themselves.
Politico – Zach Montellaro | Published: 2/23/2021
Campaigns for secretary of state are becoming the next major arena of nationwide political combat. Sitting secretaries and political groups are preparing for a flood of candidates, money, and attention into campaigns for the newly prominent positions in 2022. Voting rules have become a bigger cause for both political parties, while coronavirus-fueled election changes combined with Donald Trump’s conspiracy theories to turn secretaries of state into pivotal characters in last year’s presidential election. Twenty-six states will have secretary of state elections next year, including five of the 10 closest states in the 2020 presidential election.
Former Congressman Rivera Fined $456,000 for Propping Up a Ringer Candidate
Yahoo News – Alex Daugherty (Miami Herald) | Published: 2/23/2021
Former U.S. Rep. David Rivera was ordered to pay $456,000 to the FEC, which had sued him for secretly providing funds to a primary challenger of his eventual Democratic opponent in the 2012 election. The FEC accused Rivera of initiating the scheme when he directed an associate, Ana Sol Alliegro, to offer Justin Sternad, one of Garcia’s three primary challengers, financial support for his campaign. Sternad accepted the offer, and Alliegro spent the next few months transmitting funds to Sternad. U.S. District Court Judge Marcia Cooke described Rivera’s actions as “egregious,” adding that there was a chance his conduct would continue, noting he continued to run for office after the scheme.
Impeachment Is Over. But Other Efforts to Reckon with Trump’s Post-Election Chaos Have Just Begun.
MSN – Rosalind Helderman (Washington Post) | Published: 2/21/2021
Although Donald Trump was acquitted by the Senate on a charge his rhetoric incited the Capitol siege, public officials and private companies are pursuing a multi-front legal effort to hold him and his allies accountable in other ways. The actions target the former president and numerous others who indulged and echoed his falsehoods that President Biden did not win the election. The goal, according to those supportive of such efforts, is to mete out some form of punishment for those who helped undermine confidence in the election results and fueled the attack on the Capitol. They also hope to discourage other public officials from rerunning Trump’s strategy of attempting to overturn an election result by sowing doubt about the legitimacy of the vote.
Judges Order 2-Month Delay in Case to Compel McGahn Testimony to House
Politico – Josh Gerstein and Kyle Cheney | Published: 2/18/2021
The House’s effort to compel testimony from former Trump White House counsel Don McGahn will be delayed two months, a federal appeals court ordered, adopting a proposal by the Biden administration. The order makes it increasingly likely that a full two years will elapse without enforcement of the House’s April 2019 subpoena of McGahn to obtain his testimony about alleged efforts by former President Trump to obstruct special counsel Robert Mueller’s investigation into ties between the Trump campaign and Russia. The case has become a poster child of sorts for the courts’ inability to resolve congressional subpoena fights on a timeline that allows Congress to make practical use of the information.
K Street Eyes a Return of Earmarks to Boost Business
MSN – Kate Ackley (Roll Call) | Published: 2/23/2021
Congressional earmarks practically built the modern lobbying business. And though the influence sector has endured a decade without them, the likely return of member-directed federal spending has sent cautious jubilation down K Street. With earmarks poised for a likely comeback during this Congress, lobbyists are eyeing new business opportunities. But they are not expecting it to be a return to K Street’s high-flying days, when lobbyists built empires out of the business of securing earmarks for clients. Lawmakers, if they do bring back the practice, are likely only to allow the federal dollars to go to nonprofit organizations and local governments. Still, lobbyists say even limited earmarks for nonprofits could spur new public-private partnerships, with businesses queuing up to collaborate on future projects.
Lauren Boebert’s Campaign Amends Reimbursement Report That Raised Red Flags
Denver Post – Jason Wingerter | Published: 2/23/2021
U.S. Rep. Laura Boebert’s campaign acknowledged a prior campaign finance report, which raised ethical red flags and led to requests for an investigation, was inaccurate. Still, the campaign defended a large payment to Boebert. Media reports showed Boebert was paid more than $22,000 in mileage reimbursements from her campaign account, an unusually large amount that several ethics experts said raised questions. The amended report reiterating that Boebert received $21,200, but claiming it was a reimbursement for mileage, travel expenses, and hotel stays. Mileage accounted for $17,280 of the reimbursements, the campaign says.
‘Mercenary’ Donor Gets 12 Years in Campaign Finance Scheme
Associated Press News – Brian Melley, Alan Suderman, and Jim Mustain | Published: 2/18/2021
A once high-flying political fundraiser who prosecutors said gave illegal campaign contributions to Joe Biden, Lindsey Graham, and a host of other U.S. politicians was sentenced to 12 years in prison. Imaad Zuberi, who was accused of ingratiating himself with politicians in both major parties and peddling the resulting influence to foreign governments, pleaded guilty to charges of tax evasion, campaign finance violations, and failing to register as a foreign agent. He also was ordered to pay nearly $16 million in restitution and a nearly $2 million fine. Federal prosecutors described Zuberi as a “mercenary” political donor who gave to anyone he thought could help him. Pay to play, he explained to clients, was just “how America works.”
State GOP Lawmakers Propose Flurry of Voting Restrictions to Placate Trump Supporters, Spurring Fears of a Backlash
MSN – Amy Gardner (Washington Post) | Published: 2/19/2021
Republican state lawmakers across the country have proposed a flurry of voting restrictions they say are needed to restore confidence in U.S. elections, an effort intended to placate supporters of former President Trump who believe his false claims the 2020 outcome was rigged. But the effort is dividing Republicans, some of whom are warning it will tar the GOP as the party of voter suppression and give Democrats ammunition to mobilize their supporters ahead of the 2022 midterms.
Supreme Court Ends Trump’s Bid to Shield His Tax Returns and Effort to Challenge Election Losses
Seattle Times – Robert Barnes (Washington Post) | Published: 2/22/2021
Former President Trump received a dual defeat at the U.S. Supreme Court, a body he transformed with his appointments and one he had long hoped would be a last line of defense in his battles with Congress and Democrats. The court refused Trump’s last-chance efforts to shield his private financial records from Manhattan’s district attorney in one case and tossed out a slew of challenges to the presidential election and his loss to Joe Biden. Now, Trump faces unprecedented legal peril for a former president. Manhattan District Attorney Cyrus Vance Jr.’s criminal investigation of his business dealings in New York will accelerate and broaden and Trump faces scrutiny in Georgia for his efforts to subvert the election results there.
This Congress Is the Most Diverse Ever. But Hill Staffers Remain Overwhelmingly White.
Politico – Maya King | Published: 2/23/2021
The 117th Congress is the most diverse ever, with the largest representation of racial and ethnic groups in history, a 97 percent increase over the last 10 Congresses. But among Capitol Hill staff, the people who really run Congress on a working level. There is a dearth of diversity. Despite efforts to diversify over the last several years, the racial makeup of House and Senate staffs do not align with their districts and voting bases. Among top-level staffers, the lack of diversity is most striking: there is only one Black chief of staff in the Senate and only four Latinos. If staffers do not represent the communities they are meant to serve, advocates say, it undermines lawmakers’ attempts to solve the issues unique to those communities.
U.S. Investigating Possible Ties Between Roger Stone, Alex Jones and Capitol Rioters
MSN – Spencer Hsu and Devlin Barrett (Washington Post) | Published: 2/20/2021
The Justice Department and the FBI are investigating whether high-profile right-wing figures, including Roger Stone and Alex Jones, may have played a role in the Capitol breach as part of a broader look into the mind-set of those who committed violence and their apparent paths to radicalization, according to people familiar with the investigation. Officials at this stage said they are principally seeking to understand what the rioters were thinking, and who may have influenced beliefs, which could be critical to showing their intentions at trial. Investigators also want to determine whether anyone who influenced them bears enough responsibility to justify potential criminal charges.
Why State Legislatures Are Still Very White – and Very Male
Politico – Renuka Rayasam, Nolan McCaskill, Beatrice Jin, and Allan James Vestal | Published: 2/22/2021
State Legislatures around the country have made little progress in diversifying their ranks during the last decade, with many states losing ground in boosting the representation of people of color and white women. Even as the share of nonwhite Americans has grown, an analysis finds most state Legislatures are lacking in diversity, with nearly every state failing to achieve racial and gender parity with their own population data. Despite efforts to diversify politics, progress in statehouses remains slow and halting. That is in contrast to the U.S. House, where historically underrepresented groups, including women and people of color, are serving in record numbers.
From the States and Municipalities
Alabama – Former Birmingham Water Works Contractors Plead Guilty to Felony Ethics Charges
AL.com – Carol Robinson | Published: 2/19/2021
Two former contractors with the Birmingham Water Works Board (BWWB) pleaded guilty to felony ethics charges. Jerry DeWayne Jones and Terry Lee Williams are now convicted of offering or giving anything to a public official for the purpose of corruptly influencing official action. Jones, Williams, and former BWWB Chairperson Sherry Lewis were indicted on the state charges. Lewis was charged with using her position for personal gain, or for the gain of a family member, and voting on matters in which she or her family members had financial interest. Jones and Williams were charged with of aiding and abetting Lewis in committing those crimes, with offering her money and other items for the purpose of corruptly influencing official action.
Alaska – Alaskans Were Left in the Dark as Money Poured into Elections Last Year. Now, That’s Changing.
Alaska Public Media – Nathaniel Herz | Published: 2/17/2021
Groups on both sides of last year’s battle for control of the Alaska Legislature spent substantial amounts of money from entities that do not disclose their donors before the election — or at all. But starting this year, that practice will be banned. An initiative approved in November requires groups trying to influence the election of candidates to disclose the “true source” of all their donations greater than $2,000.
Florida – Florida County Rejects Governor’s Order to Lower Flags in Memory of Rush Limbaugh
Anchorage Daily News – Terry Spencer and Bobby Caina Calvan (Associated Press) | Published: 2/24/2021
Palm Beach County defied Florida Gov. Ron DeSantis by refusing to lower its courthouse flags to half-staff in honor of the late conservative broadcaster Rush Limbaugh. The governor also ordered the town of Palm Beach and the Capitol in Tallahassee to fly their flags at half-staff. Those flags were lowered. “… Although Rush Limbaugh was a significant public figure, he was also an incredibly divisive one who hurt many people with his words and actions,” Palm Beach County Commissioner Melissa McKinlay said on Twitter.
Florida – Local Players Retain Influence Under St. Petersburg’s Campaign Finance Rules
MSN – Josh Solomon (Tampa Bay Times) | Published: 2/24/2021
The St. Petersburg City Council passed a campaign finance ordinance to guard against attempted corporate takeover of local affairs. Although the ordinance sets disclosure requirements and spending limits to thwart the multi-million-dollar campaigns bankrolled by deep-pocketed companies, it did nothing to prohibit the long-running practice of local players, some who do regular business before the city, asserting outsized influence in city elections. Now, what the 2017 ordinance did and did not do is taking center stage in the mayoral race.
Illinois – Embattled Former Illinois House Speaker Michael Madigan Steps Down as State Democratic Party Chair
Yahoo News – Dan Petrella (Chicago Tribune) | Published: 2/22/2021
Former longtime Illinois House Speaker Michael Madigan resigned as chairperson of the state Democratic Party. Cook County Clerk Karen Yarbrough, previously the Democratic vice chair, will take over on an interim basis. Madigan’s resignation as the head of the state party, a post he has held since 1998, completes the swift downfall that began when fellow House Democrats deposed him as speaker after he held the gavel for nearly four decades. He resigned his seat as state representative.
Illinois – Ex-Cook County Assessor Joe Berrios Pays $100,000 to Settle Ethics Case
WBEZ – Dan Mihalopoulos | Published: 2/18/2021
Former Cook County Democratic boss Joe Berrios agreed to pay $100,000 to end two ethics cases against him that he had been fighting since he was the county’s assessor. But the six-figure settlement represents a discount for Berrios from the $168,000 in fines the county’s Board of Ethics levelled against him three years ago for violations of rules intended to encourage honest government in the notoriously corrupt county. The deal avoids additional expenses that could have been incurred in trying to pry the full judgment from Berrios, ethics board Chairperson Thomas Szromba said.
Illinois – Michael Madigan Resigns from Illinois House After Being Ousted as Speaker
MSN – Rick Pearson and Dan Petrella (Chicago Tribune) | Published: 2/18/2021
Michael Madigan, who set much of Illinois’ political agenda for four decades, resigned his seat in the Legislature a little more than a month after he was deposed by fellow Democrats as the nation’s longest-serving statehouse speaker. Madigan saw his power ebb in recent years when sexual harassment issues came to light in his political and governmental operation. His hold on power took another hit when Commonwealth Edison agreed to pay a $200 million fine and cooperate with federal prosecutors in acknowledging its part in a near decade-long bribery scheme, seeking to win Madigan’s favor on legislation by giving jobs and contracts to his allies.
Indiana – Indiana Attorney General Keeps Job with Health Benefits Firm
Associated Press News – Staff | Published: 2/17/2021
Indiana’s newly elected attorney general says state ethics officials have cleared his ongoing role with a health benefits consulting firm in which he has an ownership stake, but he has declined to release that opinion. Todd Rokita began his term as state government’s top lawyer in early January while still working for Apex Benefits, a company he joined as an executive in 2019. Attorney general’s office spokesperson Lauren Houck said Rokita is working with Apex “in a limited capacity” as a strategic policy adviser and remains a director or executive board member with other businesses.
Indiana – Mowery Drops Out of Marion County GOP Race Following IndyStar Report
MSN – Amelia Pak-Harvey (Indianapolis Star) | Published: 2/24/2021
Cindy Mowery, a candidate for the Marion County Republican chair position, dropped out of the race a day after The Indianapolis Star reported state lawmakers were trying to overturn an ethics ordinance that currently bars her from holding the job. A bill would void an Indianapolis ethics ordinance that would forbid a county chair from doing business with the city. Mowery serves as the Republican appointee of the Voter Registration Board, one of several appointments made by the county party chair and the only one that carries a salary.
Massachusetts – Ex-Lawmaker Pleads Guilty to Illegal Use of Campaign Funds
Associated Press News – Staff | Published: 2/24/2021
Former Massachusetts Rep. David Nangle pleaded guilty in federal court to a series of charges including illegally using campaign funds to pay for personal expenses. He also pleaded guilty to defrauding a bank to obtain loans to purchase his home and repay personal debts and to collecting income he failed to report to the IRS. Nangle was heavily in debt and gambled extensively at casinos and online and used thousands of dollars in campaign funds to pay for expenses like dues at a local golf club, rental cars to travel to casinos, and flowers for his girlfriend. Nangle had served as a member of the House Committee on Ethics.
Michigan – Elected Officials in Michigan Would Disclose Financial Records in New House Bill
MLive.com – Samuel Dodge | Published: 2/23/2021
Michigan lawmakers are reengaging on an effort to mandate elected officials to fill out financial disclosure forms. Michigan is one of two states, and the only one with a full-time Legislature, with no requirement for state public officials to disclose basic financial information, including income sources, business investments, gifts, and travel compensation. Michigan ranked last in the Center for Public Integrity’s 2015 State Integrity Investigation, which documented several facets of each state’s transparency laws.
New York – Former Aide Says Cuomo Kissed Her, Suggested Strip Poker
Associated Press News – Marina Villeneuve | Published: 2/24/2021
A former member of New York Gov. Andrew Cuomo’s administration who previously accused him of sexual harassment offered new details, saying he once kissed her on the lips without consent after a private meeting. Lindsey Boylan said during her more than three years working as an economic adviser in the administration, Cuomo “would go out of his way to touch me on my lower back, arms and legs,” compared her to one of his rumored ex-girlfriends and once joked they should play strip poker. Cuomo spokesperson Caitlin Girouard said all of Boylan’s “claims of inappropriate behavior are quite simply false.”
New York – Jimmy Van Bramer Swore Off Special Interest Cash While Money Flowed to Husband’s Film
New York Post – Jon Levine | Published: 2/20/2021
While New York City Councilperson Jimmy Van Bramer may have sworn off special interest cash, the same has not been true for his husband, author and documentary filmmaker Dan Hendrick. His 2017 documentary “Saving Jamaica Bay” was largely financed with money from lobbyists and big real estate interests the council member swore to avoid. Van Bramer vowed in 2009 he would never accept campaign donations from lobbyists.
North Carolina – NC Lieutenant Governor Staff Calls Campaign Finance Report Errors ‘Clerical’
MSN – Danielle Battaglia (Raleigh News and Observer) | Published: 2/22/2021
North Carolina Lt. Gov. Mark Robinson’s campaign report does not explain why $186 worth of medical bills were campaign-related, or why he bought “campaign clothes and accessories” for $2,840 with the majority being spent at a sporting goods store. It also does not explain why his wife needed to be reimbursed $4,500 for campaign clothing or how and where she spent the money. A complaint asks the State Board of Elections to investigate Robinson’s spending. Bob Phillips, executive director of Common Cause North Carolina, said it is unclear why Robinson needed clothing for his campaign from Lake Gaston Outfitters, a store that specializes in hiking, canoeing, and cycling gear.
Ohio – Cleveland Councilman Kenneth Johnson Indicted on Federal Conspiracy Charges Involving Reimbursements from City
MSN – John Caniglia (Cleveland Plain Dealer) | Published: 2/23/2021
Cleveland City Councilperson Kenneth Johnson was arrested, accused of fleecing the city out of more than $127,000 by submitting false monthly expense reports over the course of several years. A federal grand jury indicted Johnson on 15 charges, including conspiracy to commit theft from a federal program, aiding and assisting in the preparation of false tax returns, tampering with a witness, and falsification of records during a federal investigation. Johnson’s longtime aide, Garnell Jamison, was indicted on the same charges. The indictment alleges many of the charges stem from Johnson requesting the maximum amount of monthly reimbursement, $1,200, from council for services that were never performed.
Ohio – FirstEnergy Halts Political Contributions, Limits Lobbying as Part of Householder Investigation, Utility Says
MSN – Jim Mackinnon (Akron Beacon Journal) | Published: 2/18/2021
FirstEnergy has stopped making political contributions and will no longer donate to 501(c)(4) organizations, said Steven Strah, president and acting chief executive officer of the company. He said lobbying will be “much more limited” compared to past practice and the utility will provide more disclosure on its lobbying activities. FirstEnergy is caught up in federal and state bribery and racketeering investigations involving former Ohio House Speaker Larry Householder and others over the passage and support of House Bill 6. The bill, now law, provided more than $1 billion in subsidies to nuclear plants now owned and operated by Energy Harbor, a former FirstEnergy subsidiary.
Oregon – Oregon Lawmaker Facing Harassment Allegations, Risk of Expulsion, Resigns
Center Square – Tim Gruver | Published: 2/22/2021
State Rep. Diego Hernandez resigned his Oregon House seat days before his peers were set to hold a historic vote on his expulsion over a string of harassment allegations after a nine-month investigation into his past conduct with five women who worked with and around him at the Capitol. A report commissioned by the Legislative Equity Office substantiated that Hernandez harassed, intimidated, and threatened four of the five women interviewed by investigators. The House Conduct Committee concluded Hernandez’s behavior with three of the women violated the Legislature’s rule related to maintaining a safe workplace.
Pennsylvania – Voters May Never Again Get to Choose Pa.’s Lieutenant Governor Candidates
MSN – Cynthia Fernandez (Philadelphia Inquirer) | Published: 2/23/2021
The Pennsylvania Senate is advancing a measure that would give the state’s political parties final say over candidates for lieutenant governor, taking power away from voters. It is a necessary change to a process that has not always resulted in the best partnerships, Democratic and Republican lawmakers say. The proposed constitutional amendment would allow a gubernatorial candidate to choose a running mate after the spring primary, subject to approval from their party’s state committee. Now, voters choose candidates for lieutenant governor during closed, statewide primaries. The winner appears with the pick for governor on the general election ballot as a packaged deal.
South Carolina – Can SC School Board Member Still Have Say in $23M Project? What Ethics Commission Says
MSN – Bristow Marchant (The State) | Published: 2/24/2021
A Midlands-area school board member will not be allowed to visit a school construction site while he is recused himself from being involved with the project. An advisory opinion issued by the South Carolina Ethics Commission says Ken Loveless is prohibited from visiting the Piney Woods Elementary School site or reviewing work related to the project. Loveless agreed to recuse himself because of a business tie with Contract Construction, the main contractor on the $23 million project. Loveless’ company is a subcontractor with Contract Construction on a separate project, a new lab for the South Carolina Law Enforcement Division.
South Dakota – South Dakota’s AG Charged with 3 Misdemeanors in Fatal Crash
Associated Press News – Stephen Groves | Published: 2/18/2021
South Dakota Attorney General Jason Ravnsborg was charged with three misdemeanors for striking and killing a man with his car last summer, avoiding more serious felony charges in a case that raised questions about how the state’s top law enforcement official first reported the crash. Ravnsborg could face up to 30 days in jail and up to a $500 fine on each charge: careless driving, driving out of his lane, and operating a motor vehicle while on his phone. Ravnsborg initially told authorities he thought he had struck a deer or another large animal as he drove home from a Republican fundraiser.
Tennessee – Registry of Election Finance Changes Unlikely Amid FBI Probe
Patch – Sam Stockard (Tennessee Lookout) | Published: 2/17/2021
With an FBI investigation hanging over the state Legislature, changes are improbable in the makeup of the Tennessee Bureau of Ethics and Campaign Finance. An idea to merge the Registry of Election Finance and Ethics Commission into one eight-member body is being floated in the Legislature. But it will meet resistance from key lawmakers and members of those panels. Tom Lawless, who chaired the Registry board for the past year, said instead of structural changes, the Registry needs more money to hire outside auditors to check into legislators’ campaign finances when they violate the rules. A modern reporting system is needed, as well, to simplify the process for candidates, Lawless said.
Texas – Texas Governor’s Biggest Donors: Energy industry that failed
Associated Press News – Paul Weber and Nomaan Merchant | Published: 2/19/2021
As frozen Texas reels under one of the worst electricity outages in U.S. history, Gov. Greg Abbott has blamed grid operators and iced-over wind turbines but gone easier on another culprit: an oil and gas industry that is the state’s dominant business and his biggest political contributor. Oil and gas built and enriched Texas, and with that its politicians, including those who became president. But none has reaped campaign contributions on the scale of Abbott, who has raised more than $150 million from donors.
Utah – Utah House Lawmakers Kill Campaign Finance Disclosure Bill
MSN – Bethany Rodgers (Salt Lake Tribune) | Published: 2/24/2021
A campaign finance reform bill died in the Utah House by a narrow vote, though few lawmakers spoke up during debate to voice concerns with the measure. Senate Bill 92 would have called on candidates to sort their campaign expenses into predetermined categories as a way of increasing transparency in political spending. While state law already requires candidates to list the reason for their expenditures, Rep. Norm Thurston told the House, “there’s incredible variety in how people report that, a lot of creative reporting.”
Virginia – Senate Spikes Bill to Rein in Personal Use of Campaign Cash
Associated Press News – Sarah Rankin | Published: 2/23/2021
The Virginia Senate effectively killed a measure that would have prevented politicians from putting campaign funds toward personal uses, with an exception for childcare-related expenses. Virginia has one of the least restrictive and policed campaign finance systems in the country and is an outlier in the nation for not already having such a ban. But state lawmakers, who insist they want to work on the issue, have repeatedly balked in recent years at making a change.
Washington – WA Supreme Court Throws Out Think Tank’s Attack on Union Political Activity
Tacoma News Tribune – Alexis Krell | Published: 2/23/2021
The Freedom Foundation failed to meet a deadline in several campaign finance lawsuits it brought against unions, the Washington Supreme Court ruled. The conservative think tank alleged the unions had violated the Fair Campaign Practices Act by not reporting money spent on political activity. After the government did not take enforcement action, the Freedom Foundation filed so-called citizen actions, in Superior Court, but not within a deadline required by state law at the time, a majority of the state’s high court ruled.
Wisconsin – Wisconsin Wildlife Officials Ate $20,000 of Illegal Caviar, Prosecutors Say. Now the ‘Sturgeon General’ Faces Charges.
MSN – Antonia Noori Farzan (Washington Post) | Published: 2/18/2021
Some Wisconsin wildlife officials allegedly dined like oligarchs, feasting on tens of thousands of dollars’ worth of caviar and passing around jars of the prized delicacy at team meetings. Meanwhile, some of their colleagues were working undercover to expose the scheme. The investigation resulted in the arrest of the state’s top sturgeon expert, Ryan Koenigs, nicknamed the “sturgeon general” by local television stations, allegedly obtained at least $20,000 worth of caviar in a single year while holding down a post as a biologist for the Wisconsin Department of Natural Resources. He faces charges of misdemeanor theft for illegally trading sturgeon eggs, as well as obstructing an investigation by a conservation warden.
February 24, 2021 •
Ohio Releases New Campaign Contribution Limits
The Ohio Secretary of State’s office released the 2021 Campaign Contribution Limits. These limits will be effective from February 25, 2021 through February 24, 2023. Beginning Wednesday, PACs, PCEs and individuals may contribute $13,704.41 per election period to statewide candidates […]
The Ohio Secretary of State’s office released the 2021 Campaign Contribution Limits.
These limits will be effective from February 25, 2021 through February 24, 2023.
Beginning Wednesday, PACs, PCEs and individuals may contribute $13,704.41 per election period to statewide candidates and candidates for the General Assembly; $13, 704.41 per calendar year to other PACs and PCEs with which the contributing PAC or PCE is not affiliated; $41,113.24 per calendar year to state parties; and, $20,556.62 per calendar year to legislative campaign funds.
February 24, 2021 •
New York JCOPE Opens Lobbying Application for Bimonthly Reports
The Joint Commission on Public Ethics opened the online Lobbying Application for the submission of bimonthly reports and posted updated PDF forms. Additional time has been provided to file bimonthly reports covering the January 1 to February 28 reporting period. […]
The Joint Commission on Public Ethics opened the online Lobbying Application for the submission of bimonthly reports and posted updated PDF forms.
Additional time has been provided to file bimonthly reports covering the January 1 to February 28 reporting period.
These reports will be considered timely if submitted by March 22, 2021.
JCOPE recommends users review statement of registrations before filing the bimonthly reports.
In certain cases, information not previously reported in a registration cannot be added directly to the report and requires an amended registration or updated organization profile.
Resources to help navigate the Lobbying Application can be found at https://jcope.ny.gov/2021-22-lobbying-biennial-period-information.
For any questions or technical assistance, please contact the JCOPE Helpdesk at helpdesk@jcope.ny.gov or by phone at 518-474-3973.
February 24, 2021 •
Wednesday’s LobbyComply News Roundup
Campaign Finance Washington: “WA Supreme Court Throws Out Think Tank’s Attack on Union Political Activity” by Alexis Krell for Tacoma News Tribune Elections National: “Bloomberg’s 2020 Aides Got an Unwelcome Surprise in Their Tax Forms” by Christopher Cadelago for Politico […]
Campaign Finance
Washington: “WA Supreme Court Throws Out Think Tank’s Attack on Union Political Activity” by Alexis Krell for Tacoma News Tribune
Elections
National: “Bloomberg’s 2020 Aides Got an Unwelcome Surprise in Their Tax Forms” by Christopher Cadelago for Politico
Ethics
Florida: “Plan to Lower Flags for Rush Limbaugh Causing Controversy, Consternation in Florida” by James Call (Tallahassee Democrat) for MSN
Illinois: “Embattled Former Illinois House Speaker Michael Madigan Steps Down as State Democratic Party Chair” by Dan Petrella (Chicago Tribune) for Yahoo News
Ohio: “Cleveland Councilman Kenneth Johnson Indicted on Federal Conspiracy Charges Involving Reimbursements from City” by John Caniglia (Cleveland Plain Dealer) for MSN
Oregon: “Oregon Lawmaker Facing Harassment Allegations, Risk of Expulsion, Resigns” by Tim Gruver for Center Square
Legislative Issues
National: “This Congress Is the Most Diverse Ever. But Hill Staffers Remain Overwhelmingly White.” by Maya King for Politico
Lobbying
National: “K Street Eyes a Return of Earmarks to Boost Business” by Kate Ackley (Roll Call) for MSN
New York: “Jimmy Van Bramer Swore Off Special Interest Cash While Money Flowed to Husband’s Film” by Jon Levine for New York Post
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