March 5, 2020 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance National: “Senate Breaks Tradition by Advancing Only GOP FEC Nominee (1)” by Kenneth Doyle for Bloomberg Government Arkansas: “Election Funding Law’s Hold to Resume” by Linda Satter for Arkansas Democrat-Gazette Wisconsin: “Day After Milwaukee Rampage, Dan Kelly Campaign […]

February 14, 2020 • Written by Jim Sedor

News You Can Use Digest – February 14, 2020

National/Federal Business Groups Try to Avoid Partisan Crossfire The Hill – Alex Gangitano | Published: 2/11/2020 Business groups are facing a new challenge as they look to advance their agendas in an increasingly polarized Washington and ahead of a contentious presidential […]

National/Federal

Business Groups Try to Avoid Partisan Crossfire
The Hill – Alex Gangitano | Published: 2/11/2020

Business groups are facing a new challenge as they look to advance their agendas in an increasingly polarized Washington and ahead of a contentious presidential election. K Street had expectations for some bipartisan actions in 2020, but those hopes are on hold after the feud between President Trump and Speaker Nancy Pelosi took a turn for the worse at the State of the Union address. Now businesses and their lobbyists are worried about being drawn into the political crossfire. That is likely to prove even more difficult this year. Businesses already have a complicated relationship with Trump over his trade wars and with Democrats, whose presidential candidates are targeting many industries. One Republican lobbyist said the fresh turmoil in Washington is unnerving businesses.

Individual Members of Congress Can’t Sue Trump Over Business Dealings, Court Rules
Anchorage Daily News – Ann Marimow and Jonathan O’Connell (Washington Post) | Published: 2/7/2020

Individual members of Congress cannot sue President Trump to stop his private businesses from accepting payments from foreign governments. A panel of the U.S. Court of Appeals for the District of Columbia Circuit unanimously dismissed a lawsuit filed by more than 200 Democrats in Congress seeking to enforce the Constitution’s anti-corruption emoluments provision. Justice Department lawyers defending the president said the ban refers narrowly to compensation in exchange for official action or in an employment-type relationship and does not broadly include any profit, gain, or advantage.

Political App Faces Legal Challenge Over Donation Reveals
Forbes – John Scott Lewinski | Published: 2/11/2020

An app and web service designed to peer inside the world of corporate campaign finance is catching the ire of companies who would rather not share such information publicly. Goods Unite Us makes public who gives how much to whom on an industry-wide level. The user can view various scores on how much a brand invests on the left or right. The best numbers are reserved for firms that stays out of the fray entirely as the app’s creators would like to see dollars from public firms step out of politics in favor of individual donations. Clothing retailer Chico’s hired the national law firm of Arent Fox to send a legal request that changes be made to the Goods Unite Us data and reports.

Prosecutors Quit Amid Escalating Justice Dept. Fight Over Roger Stone’s Prison Term
Stamford Advocate – Matt Zapotosky, Devlin Barrett, Ann Marimow, and Spencer Hsu (Washington Post) | Published: 2/11/2020

The entire prosecutorial team on Roger Stone’s case resigned after the Department of Justice asked a federal court to reduce the seven-to nine-year prison sentence the lawyers had initially recommended, sparking new questions about potential White House interference. In an extraordinary decision overruling career lawyers, the department recommended an unspecified term of incarceration for Stone. The move coincided with President Trump’s declaration on Twitter that the government was treating Stone too harshly. Stone has been a friend and adviser to Trump since the 1980s. His was the last conviction secured by special counsel Robert Mueller as part of the investigation into Russian interference in the 2016 election.

Secret Service Has Paid Rates as High as $650 a Night for Rooms at Trump’s Properties
Stamford Advocate – David Fahrenthold, Jonathan O’Connell, Carol Leonnig, and Josh Dawsey (Washington Post) | Published: 2/7/2020

Secret Service personnel traveling with President Trump to his private properties pay rates as high at $650 per night for lodging. Records show more than $471,000 in such payments from taxpayers to Trump’s business between January 207 and April 2018. The full extent of the spending is not known. The Secret Service has not listed the payments in public databases, as is usually required for expenditures over $10,000. Instead, documents have come out piecemeal through public records requests. These payments appear to contradict the Trump Organization’s own statements about what it charges members of his government entourage. “If my father travels, they stay at our properties for free – meaning, like, cost for housekeeping,” Eric Trump said in 2019.

The Bloomberg Campaign Is a Waterfall of Cash
The World News – Rebecca Ruiz (New York Times) | Published: 2/13/2020

Michael Bloomberg, the multibillionaire behind Bloomberg LP, has poured hundreds of millions of dollars into his campaign for president, paying to make his voice omnipresent on television and radio. He has deployed his corporation in service of his campaign, reassigning employees from the various arms of his empire and recruiting new ones with powerful financial incentives, including full benefits and salaries well above national campaign norms. In under 12 weeks, Bloomberg’s operation has grown to a staff of thousands, with more than 125 offices around the country and a roster of slick events. Such spending has helped make Bloomberg an increasingly strong contender in the Democratic primary.

Trump’s Rhetoric Has Changed the Way Hundreds of Kids Are Bullied in Classrooms
MSN – Hannah Natanson, John Woodrow Cox, and Perry Stein (Washington Post) | Published: 2/13/2020

Since Donald Trump’s rise to the nation’s highest office, his inflammatory language, often condemned as racist and xenophobic, has seeped into schools across America. Many bullies now target other children differently than they used to, with kids as young as six mimicking the president’s insults and the cruel way he delivers them. Trump’s words, those chanted by his followers at campaign rallies, and even his last name have been wielded by students and school staff members to harass children more than 300 times since 2016, a Washington Post review of 28,000 news stories found. At least three-quarters of the attacks were directed at kids who are Hispanic, black, or Muslim. Although many hateful episodes garnered coverage just after the election, The Post found Trump-connected persecution of children has never stopped.

When Your Doctor Is Also a Lobbyist: Inside the war over surprise medical bills
Kaiser Health News – Rachana Pradhan | Published: 2/11/2020

Federal lawmakers are grappling over several approaches to curtail the practice of surprise medical billings, which can leave patients on the hook for huge costs, even if they have insurance. As it has emerged as a hot-button issue for voters, doctors, hospitals, and insurers have been lobbying to protect their own money flows. Television and internet ads are the most visible manifestation of the battle. But in taking their cause to politicians, physicians have waged an on-the-ground stealth campaign to win over members of Congress. Their professional credentials give them a kind of gravitas compared with other lobbyists.

Canada

Canada – Federal Court of Appeal Dismisses Challenges of Ethics, Lobbying Commissioners Appointment
iPolitics.ca – Marco Vigliotti | Published: 2/13/2020

The Federal Court of Appeal dismissed a complaint from a watchdog challenging the government’s appointment of new ethics and lobbying commissioners in Canada. The presiding judges said they were not convinced by Democracy Watch’s arguments that the actions of the governor-in-council in making the appointments were “unreasonable.” Democracy Watch argued the governor-in-council acted inappropriately in naming the commissioners because both offices were actively investigating complaints implicating the government. Democracy Watch said the governor-in-council was inextricably biased in naming the new commissioners as they would ultimately be responsible for ruling on the appropriateness of the actions of officials, including Prime Minister Justin Trudeau.

From the States and Municipalities

Arizona – Arizona Bill Seeks to Tighten Rules on Recall Efforts
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 2/6/2020

An Arizona Senate committee voted to erect some new hurdles in the path of those seeking to recall state and local elected officials. Senate Bill 1434 adds new requirements for paid circulators and those from other states to first register with the secretary of state. This mirrors changes the Republican-controlled Legislature already imposed on those proposing new laws through initiatives. The legislation also spells out in detail exactly how petitions must be formatted, with language allowing legal challenges if the forms are not in “strict compliance” with those standards.

Arizona – Senate Leaders Not Interested in Investigating Sexual Harassment Allegation Against Ugenti-Rita
Arizona Capitol Times – Julia Shumway | Published: 2/6/2020

Republican leadership in the Arizona Senate has no interest in investigating allegations of sexual harassment made against state Sen. Michelle Ugenti-Rita. Senate Democrats said they hoped Senate President Karen Fann would investigate allegations that Ugenti-Rita sexually harassed a lobbyist in 2016 and threatened the woman in 2018. But Fann and Senate Majority Leader Rick Gray dismissed calls for an investigation in separate interviews and rank-and-file Republicans largely declined to comment. Gray said Democrats can file a complaint if they want. But he warned Democrats to be careful because one of their own members, whom he declined to name, also could be investigated.

California – California Newspaper Asked for Sutter County Concealed Gun Permits. Then the Threats Rolled In.
Sacramento Bee – Ryan Sabalow | Published: 2/10/2020

The San Francisco Chronicle’s request to Sutter County’s sheriff for information about every concealed weapon permit holder in the conservative county set off threats and vitriol – after the sheriff announced he was legally obligated to provide the names. The Chronicle has been forced to increase security at its newsroom and for its reporters. Gun owners across the country are livid, fearing a newspaper in one of America’s most liberal cities wants to “dox” the state’s gun owners by releasing a list of names of people with a concealed-carry weapons permit. The Chronicle says it will use the information to look for trends and ensure the concealed weapons system is not being abused. The blowback is the latest flare-up in tensions between defenders of the Second Amendment and the news institutions protected by the First Amendment.

Colorado – Despite New Transparency Law, State’s Online Lobbying Database Incapable of Basic Search Functions; State Refuses to Provide Data
Colorado Springs Gazette – Evan Wyloge | Published: 2/10/2020

A new Colorado law requires more immediate reporting of lobbyists’ activity. But problems with the online system impede the ability to look up electronic registrations and activity records for some of those required to file the disclosures. Even though the system allows the public to search for lobbyists and activity reports using the name of the client, the search results omit some filings. Secretary of State Jena Griswold’s staff acknowledged the problems, but because of them, the agency’s spokesperson could neither identify who the agency’s own registered lobbyist was in 2017 and 2018, nor locate their activity reports for those years for four days. The agency’s staff estimated the problem affects more than one out of every 25 of the state’s registered lobbyists.

Connecticut – Child Care Would Be Eligible Campaign Expense Under Bill Spurred by Fairfield Mom’s Run for Legislature
Hartford Courant – Amanda Blanco | Published: 2/6/2020

After state election officials rejected a candidate’s request to use her publicly financed election grant to pay for childcare, Connecticut Gov. Ned Lamont proposed legislation that would allow candidates to be reimbursed for such costs. Under the bill, candidates in the Citizens’ Election Program would be reimbursed for childcare services for any child under age 13 for whom the candidate is the parent or legal guardian. The services must be necessary as a direct result of campaign activity. Clarkson Pereira, who ran for a House seat in 2018, brought the issue to the commission when a lawyer advised her not to use her public campaign funds to hire a babysitter for her young daughter.

Florida – Cutting Backlog by Half, Gov. Ron DeSantis Imposes Ethics Penalties on Gillum, Others; Shirk’s Fate Undecided
Florida Times-Union – Jeff Schweers | Published: 2/12/2020

Gov. Ron DeSantis imposed penalties against 14 public officials for ethics code violations, cutting by half the number of final orders from the Florida Commission on Ethics that had been languishing on his desk. DeSantis’ failure to act had left $50,000 in uncollected civil fines in limbo and public officials not held accountable months and sometimes years after they were found guilty. Among those final orders was a $5,000 fine and public reprimand against his one-time political rival, former Tallahassee Mayor Andrew Gillum, the Democratic candidate for governor who lost to DeSantis in 2018. Six months after DeSantis took office, the commission had approved a joint settlement agreement in June with Gillum for accepting gifts from former lobbyist Adam Corey.

Florida – Florida Bar Investigating Ross Spano for Campaign Finance Violations from Irregular Loans
Tampa Bay Times – Steve Contorno | Published: 2/10/2020

U.S. Rep. Ross Spano, already facing a federal probe into his 2018 campaign, may have more trouble on his hands. The Florida Bar is also investigating whether alleged campaign finance violations by Spano ran afoul of the rules of conduct for state lawyers. If they did, Spano could face punishment from the Bar. Spano acknowledges his campaign likely broke the law, but he insists it was a mistake and not malicious. Complaints to the FEC and the Office of Congressional Ethics alleged Spano illegally loaned his campaign $180,000 that was borrowed from two friends. Those loans should have been considered contributions to his campaign and subject to donation limits. In a recent interview, Spano offered a new explanation for why he took the loans: He saw someone else do it.

Illinois – Yanking Out the Chair? Bill Would Strip Criminally Charged Legislators from Key Posts
Chicago Sun-Times – Neal Earley | Published: 2/12/2020

After Illinois Sen. Tom Cullerton was indicted for allegedly embezzling money from the Teamsters, he was removed as chairperson of the Senate Labor Committee. But instead of losing a powerful leadership position and the additional $10,327 stipend that comes with it, Cullerton simply took over as the chair of the Senate’s Veteran Affairs Committee. Hoping to make sure tainted lawmakers truly face the music, state Sen. Melinda Bush introduced a bill that would bar members of the General Assembly who face criminal charges from serving in any leadership or committee positions. The bill would allow the legislative inspector general to issue subpoenas without needing approval from the Legislative Ethics Commission and require reports on current and former lawmakers be made public.

Maine – Company That Studied Grid May Have Had Conflict of Interest
Associated Press – Staff | Published: 2/12/2020

A company paid $500,000 by Maine regulators to study the state’s electric grid may have been ineligible to receive the contract based on conflict-of-interest rules. London Economics International was the winning bidder on the study and was tasked with evaluating the pros and cons of converting Maine’s two investor-owned electric utilities, Central Maine Power and Emera Maine, to consumer ownership. To avoid any conflicts, the Maine Public Utilities Commission said any firm that had worked for either utility in the past five years would be ineligible. But London Economics International was paid $37,000 for work done for Emera in 2018.

Maine – Tangled Web of Campaign Cash Connects Hawaii to Maine
Honolulu Civil Beat – Nick Grube | Published: 2/7/2020

Navatek LLC, a Honolulu-based company that received an $8 million contract for defense work in Maine, appears to be linked to a mysterious campaign donation made to a super PAC backing U.S. Sen. Susan Collins in her bid for re-election. That donation, which came through another Hawaii based entity, the Society of Young Women Scientist and Engineers LLC, is now the subject of an official complaint before the FEC. The Campaign Legal Center says the $150,000 donation appears to be illegal, in part because there is no record of the Society of Young Women Scientist and Engineers having legitimate income. Instead, the watchdog argued, it appears the company was set up as a “dark money” front to mask the true identity of the donor to a pro-Collins super PAC.

Maryland – More Baltimore Women Running for City Council, Mirroring National Trend: ‘We sure can’t go backward’
Baltimore Sun – Talia Richman | Published: 2/12/2020

The national wave of women running for public office following President Trump’s election has hit Baltimore with almost 20 women running for city council in the Democratic primary, waging campaigns in a majority of districts. There has been a surge in women holding public office across the region over the past two years. The seven-member Anne Arundel County Council flipped in 2018 from all-male to majority female, and women now outnumber men in Howard County, as well. Prince George’s County elected its first female executive and Carroll County choose a woman to sit on its Circuit Court bench for the first time.

Maryland – The Lobbyist for a Baltimore County Project Happens to Be the County Executive’s Father. A ‘Clear Line’ Prevents Conflict, They Say.
Baltimore Sun – Pamela Wood and Wilborn Nobles III | Published: 2/7/2020

The owner of a historic industrial property in Middle River, Maryland, is getting help with his redevelopment efforts from a lobbyist who knows plenty about Baltimore County government: John Olszewski Sr., a former county council member who is the father of County Executive Johnny Olszewski Jr. Olszewski Sr. has been leading Blue Ocean Realty’s efforts to get the General Assembly to approve a tax break for the project, which would turn a warehouse into a sports, entertainment, and retail complex. The arrangement does not appear to violate any ethics laws or restrictions on lobbying, experts say, but it is unusual to have close relatives working as a lobbyist and a top politician.

Mississippi – Auditor: More than $4M stolen from Mississippi welfare funds
AP News – Jeff Amy and Emily Wagster Pettus | Published: 2/7/2020

Mississippi’s state auditor said investigators believe at least $4 million in federal money was stolen by the former head of the state welfare agency and others in the nation’s poorest state. At least $48,000 of that paid for a luxury drug rehabilitation program for a former professional wrestler, according to indictments, which also alleged a politically connected nonprofit administrator and her son took more than $4 million. Federal welfare money was once spent mostly on cash assistance to poor families, but after changes in the 1990s, the Temporary Assistance to Needy Families money is given to states in block grants, and states can use the money on other activities meant to help people.

Missouri – Missouri Senate Passes Another Legislative Redistricting Plan for Voters to Consider
KCUR – Jaclyn Driscoll | Published: 2/10/2020

The Missouri Senate approved a ballot item that would change how state legislative districts are drawn, repealing a system approved by voters in 2018. The proposal now heads to the House, where it is almost certain to be approved, and then will head to voters again. They will choose between keeping a system they overwhelmingly passed as Clean Missouri, in which a nonpartisan demographer holds much of the power, or a modified version of the previous system. The new initiative completely bans lobbyist-paid gifts, whereas Clean Missouri lowers the amount to a five-dollar maximum for each one. The measure also lowers contribution limits for state Senate candidates from $2,500 to $2,000.

Missouri – Sinquefield Donated $700,000 to Stenger, Much of It Through a Fire District Nonprofit
St. Louis Post-Dispatch – Jacob Barker | Published: 2/9/2020

In October 2018, a campaign committee that was helping then-St. Louis County Executive Steve Stenger finance his political efforts reported a $250,000 donation from a nonprofit that supports fire districts. But it did not really come from the fire district nonprofit. It came from Great St. Louis, a nonprofit whose president is an operative for philanthropist and political donor Rex Sinquefield. The true source of the contribution sheds more light on how Sinquefield’s operation was able to funnel approximately $700,000 to Stenger. It also raises questions about why the disclosure was made over a year later, and whether the organizations tried to conceal Sinquefield’s support for Stenger, who pleaded guilty in a “pay-to-play” scheme in May.

Montana – Montana Supreme Court: Political cop wrong to censure regents
Billings Gazette – Tom Lutey | Published: 2/12/2020

The Montana Supreme Court ruled against the state commissioner of political practices for censuring Montana’s Board of Regents. The justices concluded that Commissioner Jeff Mangan erred when concluding the regents were illegally politicking for the six-mill levy during board meetings. The levy is a voter-approved property tax that raises about $20 million a year for Montana’s public universities and colleges. Mangan ruled the regents were public employees who were politicking on government time and using government property to do so. He fined the Regents $3,000. But the state Supreme Court ruled education boards have the right to discuss levies at meetings, and also take public positions on levies.

Nevada – Nevada Democrats Lay Out New Plan for Caucuses, Trying to Alleviate Growing Concerns About the Process
Connecticut Post – Holly Bailey (Washington Post) | Published: 2/11/2020

After scrapping a pair of apps similar to the one that caused chaos in Iowa, the Nevada State Democratic Party said it would use paper ballots and an online check-in process in its presidential caucuses, a plan unlikely to end growing concerns about the coming vote. Party officials outlined several new procedures for early caucusing. Multiple campaign officials have complained about a lack of transparency from the party. Though there have been multiple conference calls between the state party and the campaigns, several Democrats said party officials had been “tight-lipped” and slow to offer specific information about how the state’s ambitious early-voting plan would work without the use of the apps.

New Hampshire – Bernie Sanders Wins New Hampshire Democratic Primary; Buttigieg, Klobuchar Are Top Moderate Candidates
MSN – Matt Viser and Sean Sullivan (Washington Post) | Published: 2/12/2020

U.S. Sen. Bernie Sanders claimed unchallenged control of the Democratic Party’s left wing with a victory in the New Hampshire presidential primary as two moderates, Pete Buttigieg and a newly surging U.S. Sen. Amy Klobuchar, vied for the opposition mantle in a campaign that has been remade over the past eight days. Sanders and Buttigieg marked their second straight strong showings – they essentially tied in the Iowa caucuses, with Sanders carrying the popular vote and Buttigieg winning a slight edge in delegates. The night brought devastating returns for Joe Biden and U.S. Sen. Elizabeth Warren, both of whom appeared to have lost support to Klobuchar and Buttigieg and were not on course to earn any delegates.

New Mexico – The Legislature: A tangled web of relationships and potential conflicts
New Mexico In Depth – Michael Gerstein (Santa Fe New Mexican) | Published: 2/10/2020

In a small state where face-to-face connections are critical and political ties almost inescapable, potential conflicts abound in New Mexico. It is no surprise to learn of state lawmakers who are married to lobbyists, or have lobbyists within their own families, or who regularly vote or even sponsor legislation that would support an industry in which the lawmaker has a personal business interest. “Conflict of interest is built into the New Mexico Legislature by virtue of the fact that it’s a citizens’ Legislature where legislators keep their day jobs,” said former state Sen. Dede Feldman.

New York – Sen. Ortt Seeks Probe of State Police Role in Lobbying Inquiry
Albany Times Union – Chris Bragg | Published: 2/11/2020

State Sen. Robert Ortt is calling for a Senate investigation of the New York State Police’s unusual involvement in a controversial lobbying investigation of activist Kat Sullivan. “It is my hope that our highly-esteemed State Police are not being weaponized to stifle free speech,” Ortt said. A major in the State Police called the owner of the South Albany Airport last September inquiring about a flight flown out of the airport in 2018. Sullivan, an alleged rape victim, had hired the plane to fly over the Capitol, which towed a banner pushing for passage of the Child Victims Act. The Joint Commission on Public Ethics (JCOPE) then investigated whether Sullivan had spent more than $5,000 on her efforts, which would require her to register as a lobbyist. The State Police say the call to the airport, as JCOPE was ramping up its inquiry, was made as a “courtesy” to someone at the commission.

North Carolina – NC Senate Leader Phil Berger Made $80,000 Selling His House to a Lobbyist
Raleigh News and Observer – Will Doran | Published: 2/12/2020

North Carolina Senate leader Phil Berger sold his townhouse in Raleigh to a lobbyist for an $80,000 profit. Berger was previously the subject of an ethics complaint for paying himself monthly rent for that townhouse with campaign funds. State ethics officials knew ahead of time that this sale was in the works and signed off on it, saying it did not appear to violate ethical rules. But Bob Hall, the former Democracy North Carolina leader who filed the complaint, says it deserves a closer look from a different set of officials. Norma Houston, a legislative ethics expert at the University of North Carolina, said while there is a prohibition against lawmakers taking gifts from lobbyists, state law specifically exempts contracts and other commercial arrangements that are “made in the normal course of business if not made for lobbying.”

Ohio – Ohio’s Most Unlikely Political Hotspot Is a Coffeeshop Nook
Cleveland Plain Dealer – Jeremy Pelzer | Published: 2/7/2020

At the back of a Starbucks in a hotel across the street from the Ohio Statehouse, there is a narrow space that is just large enough to fit three chairs and a small table. But this semi-secluded area is where a surprising amount of government and political business gets done, according to Capitol Square regulars. It is a convenient meeting spot for many politicians and lobbyists. And as it is frowned upon (though not technically illegal) for state lawmakers to accept campaign contributions on public property, they often head across the street from the Statehouse for donors to hand them checks.

Oregon – Should Oregon’s Top Transparency Official Be Independent? Lawmakers Will Decide
Portland Oregonian – Hillary Borrud | Published: 2/9/2020

A bill was introduced to enshrine the independence of Oregon’s public records advocate in law and end the governor’s role in hiring and firing the advocate. The Public Records Advisory Council pitched the idea of shielding the records advocate from the governor’s control last fall. It did so in the wake of news that Gov. Kate Brown’s top lawyer, Misha Isaak, told then-Public Records Advocate Ginger McCall that she reported to him and should vet any public records legislation, policy proposal, or report with the governor’s office before releasing them.

Pennsylvania – PA Government Watchdog Is Working Questionable Side Job with Philly’s New Sheriff
Bily Penn – Max Marin | Published: 2/6/2020

As executive director of Common Cause Pennsylvania, Micah Sims aids the nonprofit’s mission to “create open, honest, and accountable government that serves the public interest” in the Keystone State. In an unusual arrangement, however, Sims has been moonlighting as a consultant for an elected official in Philadelphia. Unbeknownst to his employers at Common Cause, Sims has been working on the side as a senior advisor to Philadelphia Sheriff Rochelle Bilal as she sets out to transform the scandal-plagued office left behind by her predecessor. Sims first said his consulting for Bilal was business, then switched to a claim that it was “pro bono” as a favor to a friend. Other potential questions have risen around Sims’ work.

Pennsylvania – Philly Progressives Used to Criticize Weak Campaign Finance Laws. Then They Learned How to Use Them.
Philadelphia Inquirer – Sean Collins Walsh | Published: 2/11/2020

While the U.S. Supreme Court’s Citizens United ruling has primarily benefited Republicans on the federal level, in Philadelphia, it is the progressive left that has best capitalized on the campaign finance decision and other opinions. Liberals have been beating establishment Democrats with the help of outside groups that outspend the candidates themselves. And campaign finance reform is no longer the rallying cry it once was. “It’s an interesting reality to have folks or groups who may decry Citizens United then utilizing the tools that are made available by it,” said Patrick Christmas, policy director for the Committee of Seventy. “But in campaigns, people play to win, and I don’t think that will ever change.”

South Dakota – Concerns Arise That New S.D. Electronic Bill Monitoring System Makes State Government Less Transparent
Keloland – Nick Lowrey (South Dakota News Watch) | Published: 2/9/2020

A new online system for drafting, co-sponsoring, and tracking bills through the South Dakota Legislature has some people concerned that the modernized system has made the legislative process less transparent and removed some of the human element from lawmaking. State officials said the new system was needed to make legislative work more efficient. Jason Hancock, director of the Legislative Research Council, which manages the drafting and flow of proposed laws, said the new workflow system is housed within the Legislature’s website and replaced the old pen-and-paper-based system for drafting, seeking co-sponsors, and amending legislation.

Texas – Local Governments Aren’t Posting Lobbying Records Despite New Law
Texas Monitor – Steve Miller | Published: 2/8/2020

Local governments across Texas are resisting a state law that took effect in September requiring they publicly post their lobbying information on their websites. But the resistance does not appear to be based on opposition to the intent of the new law. Rather, cities, counties, school districts, and other local governments object to the statute’s admittedly murky language and differing reads on what it requires. For the most part, Senate Bill 65 relates to increasing oversight on state agencies’ contracting practices. The posting requirement for lobbying was added via an amendment co-authored by Rep. Mayes Middleton, who tried last session to make it illegal for many local governments to spend money on lobbying.

Washington – Voting by Smartphone in Seattle Pushes the Limits of Electronic Balloting
Washington Post – Jay Greene | Published: 2/11/2020

The failure of an app meant to help tally the results of Iowa’s caucuses led to days of partial and unreliable results. Despite the mess in Iowa, mobile voting has its supporters. Proponents say the technology will boost election participation by making balloting available anywhere voters have phones. It could be helpful for boosting turnout in small elections. Moreover, it could help with the current primary system, which often appeals to voters on the political extremes because they tend to be the most engaged in the process. But mobile voting is prone to cybersecurity breaches just as other forms of election technology are, said Andrew Appel, a computer science professor at Princeton University who studies digital election security.

Washington DC – D.C. Ethics Board Reopens Investigation into Former Lawmaker Jack Evans
Washington Post – Fenit Nirappil | Published: 2/12/2020

The District of Columbia’s ethics board reopened its investigation into former city council member Jack Evans. The revival of the probe raises the possibility of additional penalties for the Evans, who has been the subject of federal investigations and multiple examinations of his private business dealings. Evans resigned from the council days before his colleagues were set to expel him for repeated ethics violations. He then filed to reclaim his old seat and is slated to compete both in the June 2 Democratic primary for a full term starting in 2021 and in the June 16 special election to serve out the remainder of the current term.

Washington DC – D.C. Statehood Bill Advances to House Floor; Likely to Pass for First Time in History
Washington Post – Jenna Portnoy | Published: 2/11/2020

A divided U.S. House committee advanced a District of Columbia statehood bill to the floor for the first time in nearly three decades, bringing advocates closer to their goal of making the nation’s capital the 51st state. The bill has a good chance of passing the House because Democrats have a solid majority and the cause of statehood has become a favorite of Democratic leaders, national civil rights groups, and presidential candidates. But it faces almost certain death in the Republican-controlled U.S. Senate.

Wisconsin – 81,000 Absentee Voters in Wisconsin to Receive Two Ballots, Raising Concerns About Election Confusion
Milwaukee Journal Sentinel – Molly Beck | Published: 2/11/2020

Tens of thousands of Wisconsin absentee voters will soon receive not one but two ballots to use in the spring election, laying the groundwork for potential confusion among the voters who receive them. Under federal law, absentee ballots for the April 7 presidential primary must go out on February 20, or two days after the February 18 primary for state and local races. That means there is no way to get a complete ballot to absentee voters that includes candidates who advance through the February 18 primary election without violating state law. Election officials’ solution is to send two ballots: One will be labeled by the letter “A” and will include just presidential candidates. A second “B” ballot will be mailed in March, after spring primary election results are certified. The B ballot will include presidential candidates and candidates competing in state and local races.

January 31, 2020 • Written by Jim Sedor

News You Can Use Digest – January 31, 2020

National/Federal House Candidate Asks FEC to Let Her Use Campaign Funds for Health Insurance The Hill – Rebecca Klar | Published: 1/24/2020 Nabilah Islam, a Democrat running for a U.S. House seat in Georgia, is asking the FEC to let her […]

National/Federal

House Candidate Asks FEC to Let Her Use Campaign Funds for Health Insurance
The Hill – Rebecca Klar | Published: 1/24/2020

Nabilah Islam, a Democrat running for a U.S. House seat in Georgia, is asking the FEC to let her use campaign funds to purchase health insurance. Islam says many working-class Americans choose not to run for office because of the financial impediments. Candidates are prohibited from using campaign funds for personal use under federal election laws. The bar for what qualifies as “personal use” is based on whether or not the expenses would exist irrespective of the candidate’s campaign, said Erin Chlopak, the director of finance strategy at Campaign Legal Center and the former acting associate general counsel at the FEC.

How People of Color Inside the Pete Buttigieg Campaign Sought to Be Heard
Chicago Tribune – Reid Epstein (New York Times) | Published: 1/28/2020

In December, more than 100 members of Pete Buttigieg’s presidential campaign staff gathered for a mandatory retreat about diversity and inclusion. Buttigieg advisers say the retreat was part of an ongoing effort to foster a progressive culture that empowered employees of color. For some of these staff members, however, the workplace itself was a problem, and working for a candidate with so little support from black and Hispanic voters had become demoralizing. Current and former staff members of color said they believed that senior Buttigieg officials did not listen to their concerns and ideas about the campaign. One staff member said there was a daily “emotional weight” on people of color who felt they were employed in order to help the campaign meet its ambitious diversity targets.

How ‘Scam PACs’ Fall Through the Cracks of U.S. Regulators
Reuters – Jarrett Renshaw and Joseph Tanfani | Published: 1/29/2020

Regulators responsible for protecting American consumers from potentially unscrupulous fundraisers face a bedeviling new challenge: so-called scam PACs. That is what critics call political action committees that gobble up most of the money they raise rather than using it for the charitable or other causes they profess to support. Scam PACs tend to slip through gaps among agencies that govern elections, charities, and telemarketing, regulators say, leaving consumers exposed to misleading or fraudulent pitches. The FEC has jurisdiction over political spending but neither the agency nor Congress has acted on recommendations in 2016 by some of its own members to strengthen fraud protections and disclosure requirements as part of campaign law.

Sanders Supporters Have Weaponized Facebook to Spread Angry Memes About His Democratic Rivals
Washington Post – Craig Timberg and Isaac Stanley-Becker | Published: 1/24/2020

There has been a wave of hostile memes about U.S. Sen. Bernie Sanders’ Democratic rivals that both reflects the rising divisiveness in the party’s nominating contest for president and, in the view of social media experts, exacerbates it. The volume and viciousness of the memes reflect how Facebook identifies and rewards emotionally charged content to generate reactions from its billions of users. That serves the company’s ad-driven business model, which equates engagement with profit. But it also, in the view of experts who study Facebook’s effect on political speech, distorts democratic debate by confirming biases, sharpening divisions, and elevating the glib visual logic of memes over reasoned discussion.

Trump Allies Are Handing Out Cash to Black Voters
Politico – Ben Schreckinger | Published: 1/29/2020

Prominent black supporters of President Trump gathered at an event in Cleveland recently, during which attendees participated in a ticket drawing. Winners received envelopes stuffed with hundreds of dollars. The rally was planned by Urban Revitalization Coalition, a 501(c)3 charitable organization. The organizers say the events are run by the book and intended to promote economic development in inner cities. Charitable groups can hold events praising and honoring public officials so long as they avoid supporting or opposing candidates in elections. But if a rally veers into electioneering, issues with campaign finance law can arise, experts warned. Determining when rhetoric crosses that line can be difficult.

Trump Tied Ukraine Aid to Inquiries He Sought, Bolton Book Says
MSN – Maggie Haberman and Michael Schmidt (New York Times) | Published: 1/26/2020

President Trump told his national security adviser in August that he wanted to continue freezing $391 million in security assistance to Ukraine until officials there helped with investigations into Democrats including the Bidens, according to an unpublished manuscript by the former adviser, John Bolton. The president’s statement as described by Bolton could undercut a key element of his impeachment defense: that the holdup in aid was separate from Trump’s requests that Ukraine announce investigations into his perceived enemies, including former Vice President Joe Biden and his son Hunter Biden, who had worked for a Ukrainian energy firm while his father was in office.

Trumpworld Has Converted the Nation’s Regional Talk Radio Hosts into a Loyal Army
Washington Post – Sarah Ellison | Published: 1/23/2020

Far from the White House and Capitol Hill, hundreds of regional radio hosts across the country have found themselves in the improbable position of being showered with attention by Trump administration officials and surrogates. While granting access to local media has long been an important element of running a national political campaign, Trump officials have made it a central part of their strategy. Pouring attention on regional talk-radio hosts is a classic Trumpworld move: giving relatively unknown characters proximity to the White House has paid off with a disproportionate amount of attention and praise lavished on the president and his agenda.

From the States and Municipalities

Arizona – David Cook Sent Threatening Messages After Being Confronted for ‘Drunkenness,’ Lobbyist Says
Arizona Republic – Yvonne Wingett Sanchez and Andrew Oxford | Published: 1/24/2020

An influential lobbyist told a top staff member at the Arizona House that state Rep. David Cook sent him threatening emails after the lobbyist confronted the lawmaker about excessive drinking. Bas Aja, lobbyist for the Arizona Cattle Feeders’ Association, confronted Cook last fall and then received “threatening emails on multiple occasions” from Cook in the middle of the night, Aja wrote to the House chief of staff. Cook spent a day in jail last year after he pleaded guilty to a charge of drunken driving. The Arizona Republic received letters that raised questions about the nature of the relationship between Cook and AnnaMarie Knorr, who is Aja’s daughter and a lobbyist for an agricultural trade association. Their relationship has raised concerns about a conflict-of-interest because Cook sits on committees central to the industry Knorr represents.

Arkansas – Panel Affirms Block of Arkansas Campaign-Finance Law
Courthouse News Service – Joe Harris | Published: 1/28/2020

A federal appeals court ruled against Arkansas preventing candidates for state office from accepting campaign contributions more than two years before an election, blocking the restriction from being enforced. A three-judge panel of the Eighth U.S. Circuit Court of Appeals upheld a judge’s decision to grant a preliminary injunction against the state’s “blackout period.” A Pulaski County woman had sued over the restriction, and her attorneys argued it prevented her from exercising her First Amendment right to contribute money to candidates she wants to support in the 2022 election. The court questioned the state’s argument that the blackout period helps prevent corruption or the appearance of corruption.

California – L.A. Is Repealing Requirements for Would-Be Contractors to Reveal NRA Ties
Los Angeles Times – Emily Alpert Reyes | Published: 1/21/2020

The Los Angeles City Council repealed a law requiring companies that want city contracts to disclose whether they have ties to the National Rifle Association (NRA), weeks after a federal judge blocked the city from enforcing the ordinance. Councilperson Mitch O’Farrell pushed for the rules following a spate of mass shootings, including a November 2018 attack that killed 12 people at a bar in Thousand Oaks, California. He said at the time that the NRA had been a “roadblock to gun safety reform” for decades. In a lawsuit seeking to block the ordinance, the NRA said the requirements violated the constitutional First Amendment right to free speech and association and the 14th Amendment right to equal protection.

California – Mohammed Nuru, Head of SF Public Works, Arrested in FBI Corruption Probe
San Francisco Chronicle – Michael Barba, Joshua Sabatini, and Joe Fitzgerald Rodriguez | Published: 1/28/2020

San Francisco Public Works Director Muhammed Nuru and businessperson Nick Bovis were arrested and charged with public corruption by the FBI. Nuru and Bovis allegedly attempted to bribe an airport commissioner to help win a bid for a restaurant lease at San Francisco International Airport in exchange for an envelope full of cash and an apparent vacation. The alleged kickback scheme was just one of five that federal authorities described in a complaint after surveilling Nuru and Bovis with wiretaps and undercover operators since at least 2018.

California – Shenanigans? Under California’s Primary Rules, Some Campaigns Boggle the Mind
CALmatters – Ben Christopher | Published: 1/27/2020

Kathy Garcia is not a typical Republican candidate for the California Senate. For one, she only just joined the GOP. She changed her affiliation to Republican in June 2019, six months before the deadline to enter the Senate race. California’s unique “top two” election system, in which all candidates, regardless of party affiliation, are listed together on the same ballot in the first-round primary. Only the first and second place winners March 3 move on to the general election November 3, also regardless of party affiliation. The race for the Senate in the Central Valley district is the latest illustration of how the state’s decade-old electoral attempt at reform can distort the typical logic of campaigning.

Colorado – Lawmakers Can Be Parents Too. But Capitol Policies Don’t Always Make It Easy
Colorado Public Radio – Bente Birkeland | Published: 1/24/2020

When Colorado Sen. Brittany Pettersen gave birth to a baby boy recently, she entered a territory state law is not designed to handle. Colorado has no clear provisions in place for a lawmaker who wants to take parental leave during the session. It is prompting a closer look at the rules for working parents at the Capitol. State law says a long-term illness is the only reason for a lawmaker to miss more than 40 days of the 120-day session. For other extended absences, a lawmaker’s pay would be docked, unless the Senate president agreed to excuse them. Pettersen plans to take about a month off from work, so she is guaranteed her full salary, but she thinks the law should be updated to ensure three months of paid leave for new parents.

Florida – Florida Lawmakers Advance Ban on Lobbying and Self-Dealing
Tampa Bay Times – Mary Ellen Klas | Published: 1/30/2020

A measure that will put teeth into the voter-approved ban on elected officials using their public office for private gain was unanimously approved by the Florida House and is headed to the state Senate. It puts penalties behind the ethics rules imposed by Amendment 12, the constitutional change overwhelmingly approved by voters in 2018 to end the “revolving door” between public office and private lobbying. The constitutional amendment updates Florida law, which currently has no safeguards in place to stop state lawmakers from writing legislation that benefit their personal interests, and it extends the current two-year ban on legislators to six years.

Florida – Keith Powell Bows Out as New Tallahassee Ethics Officer, Apologizes for Political Tweets
Tallahassee Democrat – Jeff Burlew | Published: 1/29/2020

Keith Powell, who was expected to begin work soon as Tallahassee’s new independent ethics officer, decided not to take the job after politically charged tweets he wrote came to light. Powell’s Twitter feed, which has since been deleted, included jabs at prominent Democrats. In one of the tweets, he complained about a gay kiss shown during the broadcast of the Macy’s Thanksgiving Day parade. The Ethics Board’s first officer, Julie Meadows-Keefe, is leaving her post amid a lawsuit she filed against the city and the board claiming they unfairly tried to push her out of the position. Her exit came amid controversy over a personal relationship she had with a top appointed city official.

Florida – Who’s a Lobbyist? Leon County May Strengthen Local Law After Tallahassee Democrat Investigation
Tallahassee Democrat – Karl Etters | Published: 1/29/2020

Leon County commissioners may revise their local ethics laws to include a broader definition of just who is a lobbyist. In his request for ways to improve transparency, Commissioner Rick Minor cited recent reporting by The Tallahassee Democrat about the intersection of lobbying, private business, and public policy. A handful of unregistered lobbyists met with elected officials in the last year, the newspaper has reported. The broad interpretation in local ordinances of what is lobbying is causing officials and watchdogs concern over who is influencing local politics.

Illinois – Cook County Ethics Board Approves Reforms as Member Resigns in Protest of President Toni Preckwinkle’s Move to Replace Chair
Chicago Tribune – Lolly Bowean | Published: 1/24/2020

The Cook County Board of Ethics is recommending banning county commissioners from taking certain outside jobs, outlawing nepotism in county hiring decisions, and requiring registered lobbyists to disclose if they have relatives working for the county. The proposal came as board President Toni Preckwinkle replaced current board Chairperson Margaret Daley, a move that prompted fellow board member David Grossman to resign in protest. In its reform efforts, the board tweaked some of the ethics rules, like more specifically defining what nepotism is and carefully outlining who is considered a lobbyist.

Indiana – Spectacle Entertainment’s Vigo County Casino in Jeopardy Due to Federal Probe
Indianapolis Star – Kaitlin Lange and Crystal Hill | Published: 1/24/2020

Spectacle Entertainment’s plans to open a casino in Vigo County could be in jeopardy after a political consultant pleaded guilty to illegally funneling thousands of dollars from an Indianapolis-based casino operator to an Indiana candidate running for the U.S. House in 2015. A spokesperson for the Indiana Gaming Commission said it understands that Centaur Gaming is the casino company referenced in the court case. Centaur’s former chief executive and general counsel now help operate Spectacle Entertainment. Spectacle Gaming received legislative approval last year to close its two recently acquired riverboat casinos in Gary and instead open a land-based casino in the area. Spectacle is also the only company that applied to the state Gaming Commission for a license to open a casino in Vigo County.

Kentucky – These Jail Officials Have Second Jobs – As Jail Vendors
WFPL – R.G. Dunlop | Published: 1/29/2020

At least three Kentucky jail officials have worked second jobs for a company with financial ties to their facilities, or offered jail business to friends or relatives, an investigation by the Kentucky Center for Investigative Reporting found. The issues also extend to sales of electronic cigarettes. An investigation found jailers using e-cigarette sales to prop up their Facilities’ revenue or making personal profit for themselves or their associates through e-cigarette side businesses.

Louisiana – Hard Rock: Inspector general investigating collapse as part of Safety & Permits corruption probe
New Orleans Advovcate – Jeff Adelson | Published: 1/28/2020

The city inspector general’s office said the collapse of the Hard Rock Hotel is now part of its ongoing investigation into corruption within the New Orleans Department of Safety and Permits. The inspector general’s investigation predates the Hard Rock’s collapse and, so far, has not publicly tied the hotel development consortium, 1031 Canal Street Development, to any corruption within the department. Described as a wide-ranging probe into permitting and inspections, the investigation has resulted in one former worker who was fired in 2015 pleading guilty to a federal corruption charge after admitting he took $65,000 in bribes for favorable inspections. Construction on the Hard Rock began in 2016.

Maine – Hydro-Quebec Ballot Question Committee Pays $35k Ethics Fine
Maine Public – Steve Mistler | Published: 1/29/2020

A ballot question committee representing the Canadian energy company Hydro-Quebec paid a nearly $35,000 fine for the late disclosure of campaign activity in Maine. Hydro-Quebec’s ballot question committee was formed last fall to save a $1 billion transmission project through western Maine. But the committee did not disclose $100,000 in campaign spending until several weeks after it was required to.

Maryland – After a String of Federal Convictions, Maryland Weighs Tightening State Ethics Laws
Washington Post – Ovetta Wiggins | Published: 1/29/2020

With at least six current and former Maryland lawmakers having been convicted of federal fraud or bribery charges over the last three years, it seems everyone in Annapolis, from the governor to the state prosecutor to legislative leaders, is trying to figure out a way to restore public trust in government. Most recently, Cheryl Glenn, a veteran delegate from Baltimore, resigned her seat and pleaded guilty to taking nearly $34,000 in bribes. In October, Tawanna Gaines, who served 18 years in the Legislature, admitted to using $22,000 in campaign contributions to purchase fast food and pay for dental work, hairstyling, and other personal expenses.

Maryland – Baltimore Council Bill Would Require Union Agreements Before Contractors Win Major City Projects
Baltimore Sun – Talia Richmond | Published: 1/27/2020

Baltimore would require collective bargaining agreements for major city projects under a proposed ordinance. Councilperson Shannon Sneed and council President Brandon Scott said it would lead to more local workers earning wages that could sustain their families. Groups representing contractors opposed the bill, saying it would put minority businesses at a disadvantage and ignores the reality of the city’s largely nonunion construction workforce.

Massachusetts – Former City Council Candidate Who Alleged Forgery Scolded for Forging Signature
Fall River Herald News – Jo Goode | Published: 1/28/2020

A 2019 city council candidate in Fall River who accused a challenger of forging nomination signatures was reprimanded by the Office of Campaign and Political Finance for signing another person’s name on an official document and failing to comply with state campaign finance law. Collin Dias unsuccessfully attempted to throw out about 80 nomination signatures submitted by candidate Michelle Dionne. Dias alleged those signatures were forged or illegible. A complaint this year regarded a change-of-treasurer document form from the Committee to Elect Collin Dias putting Sheila Dias, the candidate’s mother, in the role. The form had two signatures: one from Sheila Dias and one from candidate Dias. The signatures, according to the complaint, appeared similar.

Massachusetts – Former City Hall Aide John Lynch Sentenced to 40 Months for Bribery
Boston Globe – Milton Valencia | Published: 1/24/2020

John Lynch, the former Boston City Hall aide who took a $50,000 bribe to help a developer, was sentenced to 40 months in prison in a case that has cast a dark cloud over the city’s development process. Lynch pleaded guilty in September to charges he took $50,000 to help a developer secure an extension of his permit for a South Boston condominium development, by persuading a zoning board member in 2017 to back the move after it had previously been rejected. Federal prosecutors said the permit extension allowed the developer to sell the property at a profit of more than $500,000.

Michigan – Lobby Firm Tied to Licensing Director Lobbies Her Staff on Marijuana
Detroit News – Craig Mauger | Published: 1/23/2020

When Gov. Gretchen Whitmer’s administration launched the Marijuana Regulatory Agency, officials said the new bureau would be “autonomous” from the state licensing department headed by a new director married to a major lobbyist. Almost a year later, concerns continue to linger about the connection of Orlene Hawks, director of the Department of Licensing and Regulatory Affairs, and Michael Hawks, an owner of Governmental Consultant Services GCSI), one of the state’s largest lobbying firms. An email shows an employee of GCSI recently lobbied Hawks’ deputy on marijuana policies, which were supposed to be primarily handled by the supposedly independent agency.

Michigan – Sexual Harassment Claims Reflect Capitol ‘Culture,’ Some Michigan Lawmakers Say
Detroit News – Beth LeBlanc and Craig Mauger | Published: 1/26/2020

Female lawmakers say sexual harassment allegations against state Sen. Pete Lucido reflect an overall “culture” in the Michigan Capitol where inappropriate comments made to women have often occurred without consequence. The increased ranks of female lawmakers, staffers, and lobbyists have forced sexist attitudes to the surface, said eight of 11 lawmakers interviewed by The Detroit News. But the changing dynamics of who is serving in Lansing have also ushered in new training and policies to address problems. Some lawmakers may soon push further changes.

Missouri – Alvin Parks Still Banned from Ballot. Here’s His Plan to Get Elected in East St. Louis.
Belleville News-Democrat – Kavahn Mansouri | Published: 1/25/2020

Even after repeated unsuccessful attempts to reach a settlement with the Illinois Board of Elections, Alvin Parks has entered the race for an East St. Louis office as a write-in candidate. Parks’ most recent attempt to settle a bill for $167,000 in campaign finance violation fines he owes to the state elections board was rejected. That decision came with an additional order that Parks would need to pay the full amount before he could appear on an election ballot in Illinois. Board of Elections spokesperson Matt Dietrich said Parks is still free to run as a write-in candidate. The board can only enforce keeping a candidate’s name off the ballot, Dietrich said.

Missouri – Missouri Donation Limits Rise for Legislative Candidates
AP News – Staff | Published: 1/27/2020

The Missouri Ethics Commission said the campaign contribution limit for state Senate candidates is rising from $2,500 per election to $2,559, and the limit for House candidates is rising from $2,000 per election to $2,046. The increases are the first under a constitutional amendment approved by votes in 2018, which set the original limits and called for an inflationary adjustment every two years.

Missouri – Proposal Would Allow Lawmakers a Say in Initiative Petition Process
Joplin Globe – Brendan Crowley | Published: 1/29/2020

Among a group of similar proposals to tighten Missouri’s initiative petition steps, one calls for something different – letting the Legislature review measures before they get to the ballot. Under a proposed constitutional amendment, once backers gather enough signatures for an initiative petition, they would submit it to the General Assembly as a bill. The petition backers would then get to choose between their original language or the amended language from the Legislature when deciding which proposal to put before voters. If the backers used language approved by lawmakers, their initiative could pass with a simple majority at the polls. If they use language not approved by the Legislature, they would need two-thirds of the vote.

New York – Fundraising for Legislators’ Charity Spiked After Hiring Top Lobbyist
Albany Times Union – Steve Hughes and Chris Bragg | Published: 1/23/2020

The NYS Association of Black & Puerto Rican Legislators hired the lobbying firm Patrick B. Jenkins and Associates to boost its fundraising capabilities. The move paid off as the nonprofit, which is the focus of an investigation by the New York attorney general’s office, raised substantially more revenue and gave out almost as much scholarship money to needy youth as it had for the three previous years combined. Even before Jenkins’ hiring, questions had been raised about the lawmakers’ charity receiving significant funding from interests with business before the state Legislature. Jenkins, meanwhile, in the past has raised significant campaign money for lawmakers by soliciting donations from its own roster of influential clients, then lobbying some of those same state legislators for the clients.

New York – Lackluster Probes Followed Alleged Ethics’ Leak to Cuomo
Albany Times Union – Brendan Lyons and Chris Bragg | Published: 1/26/2020

The state inspector general’s investigation into allegations that New York Gov. Andrew Cuomo was briefed on the details of a closed-door vote by the Joint Commission on Public Ethics (JCOPE) last year failed to include interviews with key individuals in the matter, including top state Assembly counsel Howard Vargas, whose contact with a former ethics commissioner sparked the probe. The leak was revealed in January 2019, when Cuomo allegedly confronted Assembly Speaker Carl Heastie about the speaker’s appointees to JCOPE voting against the interests of the governor earlier that day on an ethics complaint involving Joseph Percoco, a former top aide to the governor.

North Carolina – Raleigh Lawyer Pleads Guilty to Lobbying-Related Charges After WBTV Investigation
WBTV – Nick Ochsner | Published: 1/27/2020

Attorney Mark Bibbs pleaded guilty to charges of criminal contempt, obstruction of justice, and lobbying without registration. Bibbs was sentenced to two years’ probation and is permanently banned from lobbying or practicing law. The criminal investigation began after WBTV uncovered evidence that Bibbs was lobbying at the North Carolina General Assembly on behalf of a bail bond surety company without being registered as required by law. Records have shown Bibbs was in frequent communication with House Speaker Tim Moore and with then-Commissioner of Insurance Wayne Goodwin, whose agency regulated bail bond surety companies, at the time of his unregistered lobbying.

Ohio – Former Dayton City Commissioner Joey Williams Sentenced to Prison
Dayton Daily News – Lynn Hulsey | Published: 1/29/2020

Former Dayton City Commissioner Joey Williams was sentenced to a year in federal prison for soliciting a bribe. Williams is one of seven people indicted in a wide-ranging federal public corruption investigation in the Dayton region. Williams must pay $28,000 in restitution for free home improvements he accepted in exchange for using his influence as a city commissioner in to help an unnamed demolition contractor get $150,000 in contracts from Dayton and CityWide Development Corp.

Oregon – Oregon Democrats Seek to Delay Campaign Contribution Limits Until July 2021
Portland Oregonian – Hillary Borrud | Published: 1/28/2020

Oregon House Democrats introduced a bill that would put 2006 voter-approved campaign contribution limits on hold until at least July 2021 even if the state Supreme Court greenlights them much sooner. Currently, the state effectively has no campaign donation caps because courts have repeatedly struck down or suspended them, including the initiative that voters passed nearly two decades ago. But the state Supreme Court is expected to rule soon Multnomah County’s voter-approved campaign finance limits. If the justices find such limits to be constitutional, that would likely revive the statewide donation caps, too.

Pennsylvania – Feds Charge Philly City Councilmember Kenyatta Johnson with Using His Office to Enrich Himself and His Wife
Philadelphia Inquirer – Jeremy Roebuck and Chris Brennan | Published: 1/29/2020

Prosecutors charged Philadelphia City Councilperson Kenyatta and his wife, Dawn Chavous, with accepting more than $66,750 in bribes from two executives at Universal Companies, a community development charity and charter school operator. In exchange, investigators said, Johnson intervened on the nonprofit’s behalf, protecting some of its properties from seizure and passing legislation that substantially increased the resale value of one. The executives allegedly behind the payoffs, former Chief Executive Officer Abdur Rahim Islam and ex-Chief Financial Officer Shahied Dawan, face additional charges stemming from more than $500,000 they allegedly embezzled from Universal to enrich themselves and fund a separate bribery scheme involving the former school board president in Milwaukee.

Pennsylvania – Former State Rep. Movita Johnson-Harrell Pleads Guilty to Theft Charges, Will Spend at Least 3 Months in Jail
Philadelphia Inquirer – Julie Shaw | Published: 1/23/2020

Former Pennsylvania Rep. Movita Johnson-Harrell pleaded guilty to theft and related charges and will spend at least three months in jail in a case in which state prosecutors allege she stole more than $500,000 from her own nonprofit and spent it on family vacations, designer clothing, furs, and personal bills. Johnson-Harrell established Motivations Education & Consultation Associates (MECA) to help people struggling with mental illness, addiction, and homelessness. From at least December 2015, Johnson-Harrell repeatedly misrepresented financial transactions to accomplish her theft scheme, the complaint said.

Texas – Ex-San Angelo Police Chief Pleads Not Guilty, Readies for Trial
San Angelo Morning-Times – Gabriel Monte (Lubbock Avalanche-Journal) | Published: 1/24/2020

San Angelo’s former police chief pleaded not guilty in federal court to corruption charges. A grand jury returned four indictments against Timothy Vasquez, charging him with one count of receipt of a bribe by an agent of an organization receiving federal funds and three counts of honest services mail fraud. The charges against Vasquez stem from an investigation by FBI agents who uncovered what they believe to be a series of kickback payments to Vasquez in exchange for manipulating San Angelo’s purchasing process to award multi-million-dollar contracts to a vendor of a radio and communication system.

Washington – Lawmakers Are Going Paperless in Olympia, But It’s Not Really About Saving Trees
Crosscut – Melissa Santos | Published: 1/24/2020

There are fresh messages posted outside many Washington legislators’ offices this year. “No paper, please,” read some of the new flyers. The key reason is not environmental. Rather, the shift is mainly a result of a recent state Supreme Court ruling that lawmakers must follow the same transparency rules as most other government officials. That means legislators must keep records of the work they do on the public’s behalf. The public disclosure statute says nothing about government officials being unable to accept paper documents. But many legislators are refusing to accept paper from visitors, mainly to reduce their responsibility to physically keep track of it. The paper-free policies are only one manifestation of lawmakers’ confusion when it comes to following the Public Records Act.

Washington DC – Jack Evans to Run for D.C. Council After Resigning Seat Amid Ethics Scandal
Washington Post – Fenit Nirappil | Published: 1/27/2020

Jack Evans is mounting a political comeback for his old seat on the District of Columbia Council, after resigning before his colleagues could expel him from office over repeated ethics violations. Seven of 13 council members blasted Evans’ comeback bid on Twitter, calling it “unbelievable,” “outrageous,” and “preposterous,” among other things. Evans showed up at a recent Lunar New Year celebration in Chinatown, marching alongside the mayor and council chairperson and sitting with them to watch the festivities. A spokesperson for council Chairperson Phil Mendelson said Mendelson thought it was inappropriate for Evans to march with city officials in the parade and told him not to join them when it presented a proclamation.

January 29, 2020 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance Arkansas: “Panel Affirms Block of Arkansas Campaign-Finance Law” by Joe Harris for Courthouse News Service Missouri: “Missouri Donation Limits Rise for Legislative Candidates” by Staff for AP News Elections California: “Shenanigans? Under California’s Primary Rules, Some Campaigns Boggle […]

January 27, 2020 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance National: “House Candidate Asks FEC to Let Her Use Campaign Funds for Health Insurance” by Rebecca Klar for The Hill Elections National: “Trumpworld Has Converted the Nation’s Regional Talk Radio Hosts into a Loyal Army” by Sarah Ellison […]

December 16, 2019 • Written by Jim Sedor

Monday’s LobbyComply News Roundup

Campaign Finance Pennsylvania: “Ex-Philly Judge Who Accepted a $90K Payoff from Bob Brady’s Campaign Is Spared Prison Time” by Jeremy Roebuck for Philadelphia Inquirer Tennessee: “Appeals Court Tosses Tennessee Laws That Created a Donation Blackout for Nonpartisan PACs” by Adam […]

December 6, 2019 • Written by Mario Dalessandro

Los Angeles Limits Campaign Donations from Developers

The Los Angeles City Council voted Wednesday to prevent real estate developers who have project applications pending at city hall from making campaign contributions to elected officials or candidates for municipal office. City Councilman David Ryu introduced the proposal to […]

November 26, 2019 • Written by Mario Dalessandro

Montgomery County, Maryland Launches Bid Solicitation Tracker

The Montgomery County Office of Procurement has launched a new online tool to find the status of a solicitation from issuance to contract execution. The new system increases transparency by giving the public the ability to view the solicitation process […]

November 22, 2019 • Written by Jim Sedor

News You Can Use Digest – November 22, 2019

National/Federal Court to Bar Release of His Tax Returns MSN – Adam Liptak (New York Times) | Published: 11/14/2019 President Trump asked the U.S. Supreme Court to bar his accounting firm from turning over eight years of his tax returns to […]

National/Federal

Court to Bar Release of His Tax Returns
MSN – Adam Liptak (New York Times) | Published: 11/14/2019

President Trump asked the U.S. Supreme Court to bar his accounting firm from turning over eight years of his tax returns to prosecutors in New York City. The case, the first concerning Trump’s personal conduct and business dealings to reach the court, could yield a major ruling on the scope of presidential immunity from criminal investigations. In their petition urging the high court to hear their appeal, Trump’s lawyers argued he was immune from all criminal proceedings and investigations so long as he remained in office. But even if some federal investigations may be proper, the petition said, the Supreme Court should rule state and local prosecutors may not seek information about a sitting president’s conduct.

Giuliani Faces U.S. Probe on Campaign Finance, Lobbying Breaches
Yahoo News – Chris Strohm and Jordan Fabian (Bloomberg) | Published: 11/15/2019

Rudy Giuliani, President Trump’s personal lawyer, is being investigated by federal prosecutors for possible campaign finance violations and a failure to register as a foreign agent as part of an active investigation into his financial dealings, according to three U.S. officials. The probe could also include possible charges on violating laws against bribing foreign officials or conspiracy. Giuliani is a central figure in the impeachment inquiry, which focuses on an effort led by the former New York City mayor to pressure Ukraine’s government to investigate the president’s political rivals. If Giuliani is charged or indicted, he could expose Trump to a new level of legal and political jeopardy, especially if he is accused of committing a crime on the president’s behalf.

Google Announces New Political-Ads Policies That Limit Targeting but Not All Lies
Seattle Times – Tony Romm (Washington Post) | Published: 11/20/2019

Google announced new restrictions on political advertisers around the world, among them rules that bar candidates, including President Trump, from targeting narrow categories of Web users based on their political affiliation. The updates come as Google and its tech industry peers continue to face criticism for allowing politicians to lie in ads, a practice Google did not entirely outlaw as it pledged that “trust in electoral processes” outweighed the “cost or impact to spending” on political ads. Under the new rules, political advertisers now may target their ads in search and on Google-owned YouTube only down to the postal code level. These campaigns may also target people on the basis of gender or age, but they cannot do so based on voters’ political affiliations or public voter records, Google said, breaking with past policies.

How a CIA Analyst, Alarmed by Trump’s Shadow Foreign Policy, Triggered an Impeachment Inquiry
MSN – Greg Miller, Greg Jaffe, and Paul Sonne (Washington Post) | Published: 11/16/2019

The outlines of the impeachment case have been established: President Trump, his personal lawyer Rudolph Giuliani, and two diplomats are alleged to have collaborated to pressure Ukraine to pursue investigations to bolster Trump’s conspiracy theories about the 2016 election and damage the prospects of Joe Biden. To advance this hidden agenda, Trump and his allies orchestrated the ouster of a U.S. ambassador, the withholding of an Oval Office meeting from Ukraine’s new president, and the suspension of hundreds of millions of dollars in U.S. aid. It is not clear whether any of this would have come to light were it not for the actions of a relatively junior CIA employee, who is now the target of almost daily attacks by Trump and efforts to make his identity public.

Multiple Lawmakers Under Investigation Over Ethical Misconduct
MSN – Emily Cochrane (New York Times) | Published: 11/14/2019

The House ethics committee announced it was investigating whether U.S. Rep. Alcee Hastings violated the chamber’s rules by having a personal relationship with a member of his staff or accepting inappropriate gifts. Hastings has made no secret of his relationship with an employee in his congressional office. The announcement came on the same day the committee disclosed the Justice Department was investigating U.S. Rep. Ross Spano over accusations of campaign finance violations. The ethics panel also said it would continue investigations into allegations against U.S. Reps. Rashida Tlaib and Bill Huizenga.

New Study Shows Decline in Legislative Civility
Idaho Press – Betsy Russell | Published: 11/19/2019

Civility has declined at the Idaho Legislature, but not as much as in other states or in Washington, D.C., according to a new study. Researchers surveyed more than 1,300 lobbyists who work in state Legislatures in all 50 states and followed up on a survey three years earlier of lawmakers themselves. The study explored whether the gridlock that is emerged in Congress is beginning to infect state Legislatures. The lobbyists who were surveyed represent a wide array of interests, from contract lobbyists for private business interests to those representing agencies, non-profits, and public interest groups. The survey showed Idaho is not immune to a national trend toward less civility, less compromise, and more polarization in civic discourse, accompanied by declining trust in U.S. government institutions.

‘No One Believes Anything’: Voters worn out by a fog of political news
New York Times – Sabrina Tavernise and Aiden Gardiner | Published: 11/18/2019

In this volatile political moment, information, it would seem, has never been more crucial. The country is in the midst of impeachment proceedings against a president for the third time in modern history. A high-stakes election is less than a year away. But just when information is needed most, to many Americans it feels most elusive. The rise of social media; the proliferation of information online, including news designed to deceive; and a flood of partisan news are leading to a general exhaustion with news itself. Add to that a president with a documented record of regularly making false statements and the result is a strange new normal: Many people are struggling to discern what is real in a sea of slant, fake, and fact.

Once Mulvaney’s Chief of Staff, Payday Lobbyist Enjoys Frequent Access to His Old Boss
Connecticut Post – Renae Marks (Washington Post) | Published: 11/20/2019

Mick Mulvaney’s former chief of staff has been a key lobbyist for one of the country’s largest payday lenders, giving the industry access to the White House at a time it is fighting to roll back industry regulations. Al Simpson has met repeatedly with Mulvaney, whom he worked for on Capitol Hill until 2017. They have had dinner several times, and Simpson has been a frequent visitor to the Office of Management and Budget (OMB). The visits to the OMB overlap with the period Mulvaney was acting director of the Consumer Financial Protection Bureau, which has oversight of the payday lending industry. While Mulvaney has served as Office of Management and Budget director, the White House has proposed cutting the bureau’s budget and curbing its enforcement powers.

Possible Pay-to-Play Scheme for Ambassador Role in Trump Administration Uncovered by CBS News
CBS News – Staff | Published: 11/18/2019

An investigation has uncovered a possible “pay-for-play” scheme involving the Republican National Committee (RNC) and President Trump’s nominee for ambassador to the Bahamas. Emails obtained by CBS News show the nominee, billionaire Doug Manchester, was asked by the RNC to donate $500,000 as his confirmation in the U.S. Senate hung in the balance. Manchester contributed $1 million to Trump’s inauguration fund. A relief trip to the Bahamas by Manchester caught the attention of the president, who tweeted his praise. Three days after the tweet, RNC Chairperson Ronna McDaniel hit up Manchester for a donation. It was no small sum. In an email, she asked Manchester, “Would you consider putting together $500,000 worth of contributions from your family to ensure we hit our ambitious fundraising goal?”

RNC to Hold Winter Meetings at Trump Resort That Was Considered for G-7 Summit
MSN – David Fahrenthold and Michael Scherer (Washington Post) | Published: 11/18/2019

The Republican National Committee will hold its winter meetings at President Trump’s Doral golf course in’Florida next year, awarding another of the party’s most lucrative events to the president’s private business. Trump briefly chose Doral to host a much larger event: next year’s Group of Seven summit of world leaders, effectively awarding a massive federal contract to himself. After bipartisan criticism, Trump canceled the event a few days later. No new site has yet been chosen for the summit. Still, this will be the second time in two years that the GOP will hold a major meeting at the resort, a key property for Trump that has suffered financial decline since he entered politics.

Roger Stone Is Found Guilty in Trial That Revived Trump-Russia Saga
MSN – Sharon LaFraniere and Zach Montague (New York Times) | Published: 11/15/2019

Roger Stone, a former aide and longtime friend of President Trump, was found guilty of obstructing a congressional investigation into Russia’s interference in the 2016 election in what prosecutors said was an effort to protect Trump. Stone was charged with lying to the U.S. House Intelligence Committee, trying to block the testimony of another potential witness and concealing reams of evidence from investigators. Prosecutors claimed he tried to thwart the committee’s work because the truth would have “looked terrible” for both the president and his campaign. Stone was found guilty of all seven counts he was charged with.

SEC Chairman Cites Fishy Letters to Support Policy Change
Pensions and Investments – Bloomberg | Published: 11/19/2019

When Securities and Exchange Commission (SEC) Chairperson Jay Clayton handed a policy win to corporate executives recently, he pointed to a source of support: a mailbag full of encouragement from ordinary Americans. But a close look at the seven letters that Clayton highlighted, and about two dozen others submitted to the SEC by supposedly regular people, shows they are the product of a misleading, and clumsy, public relations campaign by corporate interests. At issue is the proxy process, the rules for how corporations conduct shareholder votes, such as when directors stand for re-election at annual meetings. Last year, the National Association of Manufacturers helped form the Main Street Investors Coalition to oppose what it calls the “politicization” of the investment process and to argue fund managers and boards should focus on maximizing profits. One of its priorities is changing shareholder voting rules.

Sondland Acknowledges Ukraine Quid Pro Quo, Implicates Trump, Pence, Pompeo and Others
Washington Post – Rachael Bade, Aaron Davis, and Matt Zapotosky | Published: 11/21/2019

An ambassador at the center of the House impeachment inquiry testified he was following President’s Trump’s orders, with the full knowledge of other top administration officials, when he pressured the Ukrainians to conduct investigations into Trump’s political rivals in what he called a clear “quid pro quo.” The testimony from U.S. Ambassador to the European Union Gordon Sondland is the most damaging yet for Trump in the intensifying inquiry. Sondland declared the Trump administration would not give Ukraine’s newly elected president, Volodymyr Zelensky, a chance to visit the White House unless Zelensky agreed to announce investigations that could help the president politically.

Trump Appointee Accused of Inflating Résumé, Faking a Time Cover Pushes Back in Resignation Letter
MSN – Reis Thebault (Washington Post) | Published: 11/18/2019

Mina Chang, the State Department official whose inflated resume and faked Timed magazine cover raised further questions about the Trump administration’s vetting process, has resigned. Chang defended herself and criticized the “toxic environment” at the agency, where she had served as a deputy assistant secretary in the Bureau of Conflict and Stabilization Operations. U.S. Rep. John Ratcliffe, the erstwhile nominee for director of national intelligence, withdrew from consideration after reporting on his false claims about arresting undocumented immigrants. After Trump announced Ratcliffe would not be his nominee, the president defended the White House’s failure to scrutinize their pick’s background. “I give out a name to the press, and they vet for me,” Trump said. “We save a lot of money that way.”

Twitter Rolls Out Total Ban on Ads from Political Figures
Politico – Nancy Scola | Published: 11/15/2019

Twitter unveiled the details of a previously announced far-reaching global policy that bans campaign advertising as well as ads of any type from political figures and groups, and puts strict limits around other types of paid messaging that have a political dimension. The move comes as social platforms in the U.S. are under scrutiny over their handling of political ads, set against the 2020 presidential contest. Twitter is banning all ads that mention specific candidates, elections, or legislation. The prohibition on any advertising applies to campaigns, government officials, PACs, and 501(c)(4) groups. The total ban on political ads, however, does not extend to so-called issue ads. While those issue ads will be allowed from any advertisers not otherwise prohibited from buying ads, there are significant new restrictions on their messaging and reach.

Uncertain Times Could Bring New Lobbying Strategies
Roll Call – Kate Ackley | Published: 11/21/2019

The presidential election year will hit lobbyists with potential risks all around. Candidates up and down the ballot will press proposals to remake the influence industry and to overhaul the nation’s campaign finance system. More candidates will reject K Street and business donations. Still, lobbyists say they have no plans to zip up their campaign checkbooks, hide under their desks, or decamp from the capital. Instead, they are brewing alternative strategies, workarounds that include deeper outreach to think tanks, academia, and other institutions that can lend policy gravitas to shape major discussions over health care, immigration, trade, taxes, and other matters that will feature prominently on the campaign trail and beyond.

Canada

Canada – Alberta Government Firing Election Commissioner Who Was Investigating Leadership
Global News – Dean Bennett (Canadian Press) | Published: 11/18/2019

Alberta’s United Conservative government is firing the province’s election commissioner, but says it is not because he is investigating the party and has fined it more than $200,000. Finance Minister Travis Toews said the decision to end Lorne Gibson’s contract is strictly about saving money. Chief electoral officer Glen Resler is in overall charge of running Alberta’s elections, but in early 2018 the former New Democratic Party government created a separate arm’s-length election commissioner to specifically investigate violations in fundraising and advertising. The New Democrats then hired Gibson, whose highest profile investigation has been into the 2017 United Conservative leadership race won by Jason Kenney.

From the States and Municipalities

Connecticut – No Tolls CT: Crucial role or just another anti-tolls force?
Middletown Press – Kaitlyn Krasselt | Published: 11/16/2019

Connecticut Gov. Ned Lamont’s transportation infrastructure plan included 14 tolls on highway bridges and interchanges throughout the state, raising $320 million a year. But less than a week after he unveiled the proposal it was effectively dead as Senate Democrats expressed their reluctance to bring it to a vote. The fast result marks a win for the for No Tolls CT. Now, as the state searches for answers on how to fund transportation, the question remains as to how much influence the group ultimately had. Some have begun to question whether No Tolls CT is truly the small grassroots troupe of passionate volunteers they claim to be, or if there are larger, more organized and experienced political powers with deep pockets behind it.

Georgia – Stacey Abrams Campaign Says Georgia Ethics Watchdog’s Lawsuit Is Partisan
The Guardian – Khushbu Shah | Published: 11/20/2019

Georgia’s ethics commission filed a lawsuit against former Democratic gubernatorial candidate Stacey Abrams’ 2018 campaign, insisting it had not received all relevant communications requested in April. Abrams’s former campaign manager, Lauren Groh-Wargo, now the leader of Abrams’ national campaign against voter suppression, called the demand for the documents a “politically motivated investigation.” Months after Abrams lost the race, the commission launched the investigation around “unlawful coordination” between her gubernatorial campaign and several groups. For that reason, the lawsuit alleges, the commission needs to review not only financial records, but communications between the various organizations, including the New Georgia Voter Project and Fair Count, both launched by Abrams.

Illinois – Lawmakers Address Ethics Issues
State Journal-Register – Doug Finke | Published: 11/14/2019

The Illinois Legislature approved what lawmakers on both sides of the aisle described as a small step toward fixing the state’s ethics laws amid an ongoing federal public corruption probe that has ensnared politicians from Chicago City Hall to the Capitol in Springfield. Lawmakers approved Senate Bill 1693 that would require state lobbyists to disclose more information to the public and create a combined online database for information on lobbyists, campaign contributions, and public officials’ annual statements of economic interest. A companion measure, House Joint Resolution 93, that lawmakers also approved would create a 16-member commission to recommend additional changes to ethics laws.

Indiana – A ‘Tradition’ of Public Corruption: Mayors being arrested isn’t unusual for Indiana
Indianapolis Star – Crystal Hill | Published: 11/20/2019

Muncie Mayor Dennis Tyler was arrested after being indicted for allegedly taking a $5,000 bribe in exchange for a public contract. History shows Tyler’s arrest is hardly unusual. The allegations against Tyler are tame compared to what some previous Hoosier mayors have been accused, and convicted, of. Throughout the last century, The Indianapolis Star found at least a dozen mayors who were charged and/or convicted in local or federal cases, including now four mayors from Muncie alone. Tyler also is the fourth Indiana mayor arrested in the last five years. While many of the earlier charges point to a specific period in history, the offenses are not dissimilar from public corruption accusations that still make headlines today, according to a historian.

Indiana – McDermott Admits Family Is Repaying $50,000 Campaign Contribution from Wife’s Judicial Fund
Northwest Indiana Times – Dan Carden | Published: 11/16/2019

Hammond Mayor Thomas McDermott Jr. and his wife, Lake Circuit Court Judge Marissa McDermott, are preparing to repay $50,000 in campaign contributions originally paid to her judicial campaign fund from his mayoral account after state officials deemed the amount excessive. There also are no legal limits on campaign donations or loans between a husband and wife in Indiana so long as they are reported. But Mayor McDermott said the Indiana Commission on Judicial Qualifications viewed the loan as a potential violation of code of judicial conduct, which directs judicial candidates “to solicit and accept only such campaign contributions as are reasonable.”

Kansas – Cerner Must Guard Against Conflicts of Interest as Exec Runs for Congress, Experts Say
Kansas City Star – Bryan Lowry and Jason Hancock | Published: 11/17/2019

When Cerner executive Amanda Adkins launched her congressional campaign in September, her website featured a photograph of her standing next to the corporate logo on the company’s Kansas City campus. The photo was cropped to remove the Cerner name shortly after the site went online. The change illustrates the ethical and optical challenges both the company and Adkins face as she seeks the Republican nomination in Kansas’ Third Congressional District, while continuing to work for the health care IT giant that holds billions of dollars in federal contracts. Federal law restricts government contractors from giving money to congressional candidates. Cerner will also have to protect against providing services to Adkins, which could be seen as in-kind contributions under FEC rules, said Brendan Fischer of the Campaign Legal Center.

Louisiana – Walter Dumas, Ex-Southern Board Member, Owes $138K for Unpaid Stadium Suite Rental, Appeals Court Says
New Orleans Advocate – Joe Guyan Jr. | Published: 11/18/2019

Former Southern University Board of Supervisors member Walter Dumas and his now-defunct law firm must pay the Louisiana Board of Ethics $138,000 for using an A.W. Mumford Stadium suite for three years without paying the rental fee, an appeals court has ruled for the second time. The latest ruling came when the state First Circuit Court of Appeal rejected Dumas’ argument that the Ethics Adjudicatory Board lacked subject matter jurisdiction when it ordered Dumas and his firm to pay the money. The sum represents yearly rental payments of $13,800 for the 2006, 2007, and 2008 football seasons, plus a $96,600 donation to the Southern University System Foundation that was payable over three years.

Maryland – Former Baltimore Mayor Pugh Charged with 11 Counts of Fraud, Tax Evasion in ‘Healthy Holly’ Book Scandal
Baltimore Sun – Luke Broadwater and Kevin Rector | Published: 11/20/2019

Former Baltimore Mayor Catherine Pugh was indicted by a federal grand jury on fraud and tax evasion over lucrative deals for her self-published children’s series of books. Prosecutors allege Pugh defrauded area businesses and nonprofit organizations with nearly $800,000 in sales of her “Healthy Holly” books to unlawfully enrich herself, promote her political career, and illegally fund her campaign for mayor. Though her customers ordered more than 100,000 copies of her books, the indictment says Pugh failed to print thousands of copies, double-sold others, and took some to use for self-promotion. She used the profits to buy a house and make illegal straw donations to her campaign, prosecutors allege. At the same time, prosecutors said, she was evading taxes.

Michigan – Former Lawmakers Sue to Undo Michigan’s Term Limits
Detroit News – Beth LeBlanc | Published: 11/20/2019

Eight former Republican and Democratic lawmakers are suing Secretary of State Jocelyn Benson over Michigan’s shortest-in-the-nation term limits, which they say are an “unconstitutional bar to their ballot access.” State lawmakers are limited to serving a total of 14 years across the two legislative chambers – three, two-year terms in the House and two, four-year terms in the Senate. Five of the lawmakers are now registered lobbyists. The 501(c)4 or social welfare group funding the lawsuit lists Rusty Merchant, a lobbyist, as its resident agent and the press conference announcing the lawsuit was held in a conference room belonging to lobbying firm McAlvey Merchant & Associates.

Montana – Montana Candidates Failed to Properly Disclose Facebook Ad Spending
Montana Public Radio – Corin Cates-Carney | Published: 11/20/2019

Political ads for Montana’s 2020 gubernatorial race have appeared on Facebook at least 760,000 times since the start of the year. Montana Public Radio (MTPR) found nearly all the candidates running for office did not follow state rules for disclosing details about those ads to the public. After MTPR reached out to Jeff Mangan, the commissioner of political practices, about the discrepancy in Facebook ad spending, he sent a memo to all candidates in Montana. Mangan reminded them “they have the responsibility and obligation to understand and comply with all Montana campaign finance laws.” It also requests candidates send amended disclosure forms that include all social media advertising expenditures.

Nevada – Nevada Licensing Boards Sometimes Lobby Against State’s Interests
Las Vegas Review-Journal – Bill Dentzer | Published: 11/15/2019

To the administrative and regulatory maze that is Nevada’s occupational licensing system, add this twist: more than half the state-appointed licensing boards employ lawyers or lobbyists at state expense, and occasionally they work against the state’s interests. For 2017 through 2021, the state is footing more than $2.6 million in legal and lobbying expenses for 21 licensing boards, according to a review requested by the state Board of Examiners. The board meets monthly to review and approve state spending. The boards are technically funded by fees from professional licensing, not from the state’s general fund. But the boards are state-created entities, their members are appointed by the governor, and their contractual expenses still come before the Board of Examiners for approval.

New York – De Blasio Donor Sues JCOPE, Arguing Inquiries Are Illegal
Albany Times Union – Chris Bragg | Published: 11/17/2019

While the Joint Commission on Public Ethics (JCOPE) has reached a series of settlements with donors to New York City Mayor Bill de Blasio’s lobbying charity, a target of the inquiry is fighting back, arguing the investigations are based on an illegal premise. Under state law, public officials are not allowed to accept gifts of more than “nominal” value from lobbyists or their clients. The types of gifts targeted by regulators have included items such as free plane trips for elected officials or tickets to sporting events. JCOPE in 2014 passed a regulation that also barred a lobbyist or their client from donating to a “charitable organization, on behalf of or at the direction of, a public official.” The lawsuit filed by Broadway Stages argues the regulation is illegal, since state lawmakers never passed a law empowering JCOPE to expand the definition of “gift.”

New York – Heastie’s Counsel Contacted Ethics Commissioner After Percoco Vote
Albany Times Union – Brendan Lyons | Published: 11/20/2019

Howard Vargas, the executive counsel to New York Assembly Speaker Carl Heastie, is the person who contacted a commissioner with the Joint Commission on Public Ethics (JCOPE) in January and allegedly pressed her about a meeting earlier that day in which the panel voted whether to investigate Joseph Percoco, a former top aide to Gov. Andrew Cuomo. The unusual call by Vargas took place not long after Cuomo had spoken with Heastie at the Capitol, and allegedly expressed concerns about the voting that day by the speaker’s appointees to JCOPE. The closed-door deliberations of the commission are not public, and any disclosure of that information may violate state law.

North Carolina – Cooper ‘Improperly’ Used Influence on Pipeline, Investigation Started by GOP Concludes
Raleigh News and Observer – Dawn Baumgartner Vaughan and Dan Kane | Published: 11/20/2019

An independent investigation started by Republican legislative leaders into North Carolina’s approvals for the Atlantic Coast Pipeline found Democratic Gov. Roy Cooper “improperly used the authority and influence of his office” but did not personally benefit from those decisions. The report was released almost two years after GOP leaders first questioned the governor’s office about the appearance of a “pay-to-play” or “pay-for-permit” after the Cooper administration approved a permit for the pipeline. Cooper’s administration at that time also announced the pipeline companies would provide $57.8 million to a fund under the governor’s control to be used for environmental mitigation, economic development, and renewable energy in areas affected by the pipeline.

North Carolina – North Carolina Lawmakers OK New 2020 Congressional Maps. Now It’s Up to the Courts
Raleigh News and Observer – Brian Murphy | Published: 11/15/2019

The Republican-controlled North Carolina Legislature approved a new congressional district map to be used in 2020 that is likely to shrink the GOP’s edge in the state’s congressional delegation. But Democrats plan to challenge the map in court again. Lawmakers drew the new map after a three-judge panel indicated it was likely to toss the previous map as an unconstitutional partisan gerrymander. If a new map is not in place by December 2, the congressional primaries scheduled for March could be postponed. The maps will only be used in 2020 as they will have to be redrawn for the 2022 election using new Census data. That process should start in March 2021.

Oregon – Oregon Lawmakers Hear New Proposal for Capping Campaign Contributions
Oregon Public Broadcasting – Dirk VanderHart | Published: 11/19/2019

At a meeting of the Oregon Senate Campaign Finance Committee he chairs, Sen. Jeff Golden unveiled a proposal for new campaign finance regulations that contains elements he believes are “ideal.” Those elements could become a key starting point as the Legislature prepares to grapple with the issue early next year. Golden’s proposal would place ceilings on the amount of money individuals and various types of political committees could give to candidates, campaigns, and one another. Oregon is currently one of a handful of states with no limits on campaign contributions.

Oregon – Oregon Supreme Court Considers Whether to Overturn Landmark Campaign Finance Ruling
Oregon Public Broadcasting – Jeff Mapes | Published: 11/15/2019

The Oregon Supreme Court held a hearing to determine whether it will overturn one of its more notable rulings, the two-decade-old decision that struck down the state’s voter-approved campaign finance limits. After 90 minutes of spirited debate with the attorneys in the case, it seems clear the justices were animated by the issue of whether they should do exactly that. The court is considering the constitutionality of an ordinance passed by Multnomah County voters that places a $500-per-person limit on campaign donations. But the stakes are larger than that. If the justices revisit their 1997 ruling, it could also open the door to the imposition of strict limits at the state level.

Pennsylvania – Bill Limiting Gifts to Public Officials Moves in Pa. Legislature
Pittsburgh Post-Gazette – Mark Scolforo (Associated Press) | Published: 11/19/2019

The House State Government Committee vote to advance new limits on gifts to Pennsylvania public officials, including an outright prohibition on taking cash, although the proposal includes numerous exceptions. The vote came after Republicans pushed through a party-line vote to add an exception to let lobbyists give birthday or wedding presents. Gifts generally would not be allowed if they total more than $50 from one person in a calendar year, or hospitality, transportation, or lodging worth $500 a year. Lobbyist gifts would not be covered if the lobbyist and public official have “a personal romantic relationship.”

Texas – The Inauguration of Greg Abbott and Dan Patrick Cost Millions. But Much of It Went to Fundraising and Staff.
Texas Tribune – Shannon Najmabadi and Jay Root | Published: 11/18/2019

The inauguration of the Texas governor and lieutenant governor – traditionally two days of parties, picnics, and parades – has been transformed into a giant payday for campaign staff and fundraisers. The money spent on personnel, including payroll and fundraising, has skyrocketed during Gov. Greg Abbott’s two swearing-in celebrations, dwarfing spending in those categories during the Rick Perry era, which spanned more than a decade. Gubernatorial spokesperson John Wittman has said no state dollars were spent on the festivities and that none of the $800,000 donated by the inaugural committee to charities, which he would not name which, benefited entities tied to Abbott or the government.

Virginia – Salacious Facebook Posts About a Former Virginia Beach City Council Candidate Lead to Defamation Lawsuit
The Viginian-Pilot – Jane Harper | Published: 11/14/2019

Dee Oliver was a favorite to win an at-large seat on the Virginia Beach City Council in the November election. But days before voters headed to the polls, a post published on a Facebook discussion group with thousands of members portrayed the candidate as a “woman of ill repute,” according to a lawsuit Oliver filed. The post suggested she had sex with a physical fitness trainer in a hospital bathroom while the man was there for heart surgery, the complaint says, and while his family was in the next room. Oliver ended up losing the election by just 347 votes after a recount. The case highlights the potential legal danger of posting on social media, especially if the information is false or is published with reckless disregard for the truth.

Washington – In Olympia, an Idea to Help Voters Easily Track Campaign Ad Money and Zero in on Who’s Being Targeted
Seattle Times – Joseph O’Sullivan | Published: 11/20/2019

Election spending in Washington continues to break records. Meanwhile, micro-targeted online advertising, such as through Facebook and Google, has made it possible for campaigns to reach small slices of voters without the broader public being aware. So, state campaign finance officials discussed the idea of giving Washington’s disclosure system a boost: building a searchable digital archive that collects campaign ads and information related to them. Officials for the Public Disclosure Commission said a digital archive could shine sunlight on political ads bought through social-media companies. A searchable database could also help voters make sense of a dizzying amount of election messaging and the sources behind it.

Washington DC – D.C. Council Members Aim to Tighten Loopholes in Subcontracting Law
Washington Post – Steve Thompson and Fenit Nirappil | Published: 11/19/2019

A group of District of Columbia Council members introduced a bill designed to improve compliance with a law that requires companies with large public contracts to subcontract some work to small local businesses. The subcontracting law has been revised in prior years as lawmakers attempted to stop contractors from abusing it. The bill would prohibit contractors from subcontracting work to companies in which they have an ownership stake to fulfill the law’s requirements. It would also require more evidence from businesses that they are local, create a tip line for reporting violations, and increase the frequency of site inspections.

Washington DC – D.C. Lawmaker Jack Evans Sought Stock in Sign Company After Acknowledging Potential Conflict of Interest, Report Says
Washington Post – Steve Thompson | Published: 11/14/2019

The investigation into ethics allegations against District of Columbia Councilperson Jack Evans provided fresh details about his dealings with a digital sign company at the heart of several probes into whether Evans used his office to benefit his private clients and employers. Digi Outdoor Media and Evans negotiated a private consulting contract in 2016 while the sign company was clashing with the city over its regulation of outdoor advertising. Investigators hired by the city council concluded Evans and his staff took official actions to benefit the company against a “backdrop of benefits and intermittent financial entanglements.”

Wisconsin – ‘Much Too Divided’: Lobbyists, Capitol observers adjust to slower pace under split government
Madison.com – Briana Reilly | Published: 11/18/2019

Nearly a year into divided government in Wisconsin, many lobbyists and Capitol observers say they have adjusted to the new reality: things are moving slower and less is getting done. After a decade of one-party control of the state Legislature and governor’s office, a new Democratic face in the East Wing, coupled with Republicans holding onto their legislative majorities, has brought a change of pace to the legislative process. As Republicans and Democrats work to navigate the situation, lobbyists are also learning what they can expect to accomplish under the new order, which some described as a balancing act between the Republican Assembly speaker, GOP Senate majority leader, and Democratic governor.

November 21, 2019 • Written by Mario Dalessandro

D.C. Council Aims to Tighten Loopholes in Subcontracting Law

Washington D.C. City Hall

The D.C. Council introduced a procurement bill designed to improve compliance with a district law that requires companies with large public contracts to subcontract some work to small local businesses. B23-0545 is aimed at closing loopholes to prevent program abuse […]

November 21, 2019 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance Georgia: “Stacey Abrams Campaign Says Georgia Ethics Watchdog’s Lawsuit Is Partisan” by Khushbu Shah for The Guardian Maryland: “Former Baltimore Mayor Pugh Charged with 11 Counts of Fraud, Tax Evasion in ‘Healthy Holly’ Book Scandal” by Luke Broadwater […]

November 15, 2019 • Written by Jim Sedor

News You Can Use Digest – November 15, 2019

National/Federal A Court Rejects Trump’s Appeal in His Fight to Keep Financial Records from Congress Pittsburgh Post-Gazette – Charlie Savage (New York Times) | Published: 11/13/2019 The U.S. Court of Appeals for the District of Columbia let stand an earlier ruling […]

National/Federal

A Court Rejects Trump’s Appeal in His Fight to Keep Financial Records from Congress
Pittsburgh Post-Gazette – Charlie Savage (New York Times) | Published: 11/13/2019

The U.S. Court of Appeals for the District of Columbia let stand an earlier ruling that President Trump’s accounting firm must turn over eight years of his financial records to Congress, bringing the case to the threshold of a likely U.S. Supreme Court battle. Lawyers representing Trump argued Congress had no legitimate legislative authority to seek his business records because the panel seeking them, the House Oversight and Reform Committee, was primarily trying to determine whether he broke existing laws, not weighing whether to enact a new one. Lawyers for House Democrats maintained it was within Congress’s constitutional authority to seek the records, both as a matter of oversight and as it considered whether new presidential ethics and financial disclosure laws are necessary.

After Push from Perry, Backers Got Huge Gas Deal in Ukraine
AP News – Desmond Butler, Michael Biesecker, Stephen Braun, and Richard Lardner | Published: 11/11/2019

Two political supporters of U.S. Energy Secretary Rick Perry secured a potentially lucrative oil and gas exploration deal from the Ukrainian government soon after Perry proposed one of the men as an adviser to the country’s new president. Perry’s efforts to influence Ukraine’s energy policy came earlier this year, just as President Volodymyr Zelenskiy’s new government was seeking military aid from the U.S. to defend against Russian aggression and allies of President Trump were ramping up efforts to get the Ukrainians to investigate Joe Biden. Ukraine awarded the contract to Perry’s supporters little more than a month after the. energy secretary attended Zelenskiy’s May inauguration. In a meeting during that trip, Perry handed the new president a list of people he recommended as energy advisers.

Ban Political Ads on Facebook? Upstart, Anti-Trump Candidates Object.
San Francisco Chronicle – Isaac Stanley-Becker (Washington Post) | Published: 11/10/2019

When Twitter announced a ban on political ads, some top Democrats urged Facebook to follow, saying the site’s promotion tools benefit President Trump by allowing him and his allies to spread falsehoods that reach millions. But if Facebook were to cut off political ads, it could end up undercutting the first-time candidates inspired to enter politics by Trump’s election, including some of the Democrats who helped the party retake the House in 2018. “Online advertising lowers the cost and the barriers to entry,” said Erika Franklin Fowler of Wesleyan University, in part because advertisers can pay for specific impressions rather than having to display ads to an entire local television audience, which may exceed a particular electoral district, creating unnecessary costs.

Deval Patrick Joins the 2020 Race: ‘This won’t be easy, and it shouldn’t be’
MSN – Matt Stevens and Jonathan Martin (New York Times) | Published: 11/14/2019

Former Massachusetts Gov. Deval Patrick officially entered the presidential race, adding an 18th candidate and a late twist to a turbulent Democratic primary with less than three months to go before the Iowa caucuses. Patrick sought to immediately draw a contrast with some of the leading candidates, indirectly taking aim at former Vice President Joe Biden and U.S. Sens. Elizabeth Warren and Bernie Sanders by echoing critiques of their approaches that other candidates have been voicing for weeks, if not months. Patrick’s entry into the contest reflects unease among some Democrats around the current state of the race and underscore the fact that no candidate has yet emerged as a dominant force.

Founder’s Presidential Bid Puts Bloomberg News in Spotlight
The Hill – Joe Concha | Published: 11/12/2019

Former New York City Mayor Michael Bloomberg’s potential presidential bid could raise serious questions for the news organization that bears his name. While it is more famous for its coverage of the economy and global markets, Bloomberg News has a robust news operation that covers the White House, presidential campaigns, and Congress. Bloomberg’s entry into the crowded Democratic primary would leave the reporters and editors covering their company’s namesake as he battles more than a dozen others for the party’s presidential nomination.

Impeachment Hearings Open with Revelation on Trump’s Ukraine Pressure
MSN – Nicholas Fandos and Michael Shear (New York Times) | Published: 11/13/2019

William Taylor Jr., the acting ambassador to Ukraine, revealed new evidence of President Trump’s personal efforts to press Ukraine to investigate political rivals as House investigators launched public impeachment hearings. Taylor said his staff recently told him they overheard Trump’s phone call with Ambassador Gordon Sondland at a restaurant the day after Trump’s July 25 phone call with the new leader of Ukraine that sparked the impeachment investigation. The staffer explained that Sondland had called the president and Trump could be heard asking about “the investigations.” Sondland told the president the Ukrainians were ready to move forward, Taylor testified.

Lobbyist Says He Wasn’t Lobbying When He Tried to Oust Ukrainian Ambassador. Experts Disagree.
USA Today – Kevin McCoy | Published: 11/8/2019

An allegation that lobbyist Bob Livingston sought to oust the U.S. ambassador to Ukraine raises questions about whether he violated a federal law that requires lobbyists to disclose their work for foreign clients. Livingston, a former high-ranking House member who heads an influential K Street lobbying firm, repeatedly called Foreign Service Officer Catherine Croft and pressed for the ouster of the ambassador, Marie Yovanovich, Croft told impeachment investigators. Livingston probably should have disclosed whether he was paid by two Ukraine-linked clients or any other foreigner to seek Yovanovitch’s removal, two legal experts on the Foreign Agents Registration Acts aid. But Livingston said he made the calls as a “concerned American citizen,” not as a lobbyist.

Redistricting Activists Brace for Wall of Inaction as Battle Moves to States
San Antonio Express-News – Amy Gardner, Ted Mellnik, and Adrian Blanco (Washington Post) | Published: 11/12/2019

The U.S. Supreme Court’s decision that partisan gerrymanders are beyond the reach of federal courts has opened the door to a patchwork of outcomes in different states that will hinge on the partisan tilt of their judiciaries and the fine print of their constitutions. That ruling also negated decisions in lower federal courts that threw out maps in key swing states, including Michigan and Wisconsin, meaning those districts will remain in place for next year’s elections. Activists fighting what they view as unfair drawing of district lines said they now must intensify their strategy of backing like-minded candidates for state Legislatures, governors, and even judicial seats to lay the groundwork for future court challenges they think might not succeed today.

Report: Election vendors are ‘prime targets,’ need oversight
AP News – Christina Cassidy | Published: 11/12/2019

The private companies that make voting equipment and build and maintain voter registration databases lack any meaningful federal oversight despite the crucial role they play in U.S. elections, leaving the nation’s electoral process vulnerable to attack, according to a new report from the Brennan Center for Justice. The report calls on Congress to establish a framework for federal certification of election vendors. The authors say this could be established as a voluntary program, similar to how voting machines are certified, with incentives for state and local election officials to use vendors that have completed the process. It would include the establishment of federal standards and the ability for federal officials to monitor compliance and address any violations.

She Inflated Her Resume and Peddled a Fake Time Cover. Trump Appointed Her to the State Department.
MSN – Reis Thebault (Washington Post) | Published: 11/12/2019

A fabricated Time cover is just one of Mina Chang’s listed accomplishments and résumé line items that has come into question after a media investigation found the Trump administration appointee embellished her work history and made misleading claims about her professional background. Chang in April joined the State Department’s Bureau of Conflict and Stabilization Operations as a deputy assistant secretary. At one point, she was up for a more senior post at the United States Agency for International Development’s Bureau for Asia, but in September, her nomination was withdrawn without explanation. It has been a persistent problem for President Trump’s administration: an apparent failure to recognize red flags when vetting potential hires and appointees.

Trump Allies Received Hundreds of Thousands of Dollars Under Federal Health Contract
Politico – Dan Diamond and Adam Cancryn | Published: 11/12/2019

At least eight former White House, presidential transition, and campaign officials for President Donald Trump were hired as outside contractors to the Department of Health and Human Services at the cost of hundreds of thousands of dollars per year. They charged up to $380 per hour for work traditionally handled by dozens of career civil servants in the Centers for Medicare and Medicaid Services’ communications department. The arrangement allowed the Trump allies to cycle through the federal government’s opaque contracting system, charging hefty fees with little public oversight or accountability.

Why Did Google Take Action Against Some Pro-Trump Ads? It’s One of the Many Mysteries of Its Political Ad Rules.
Washington Post – Tony Romm and Isaac Stanley-Becker | Published: 11/8/2019

Google took action against seven ads purchased by President Trump’s 2020 campaign recently, claiming they violated the company’s rules even though they had been viewed at least 24 million times. But Google said little else: It didn’t share a copy of the ads in question or disclose what standards they had violated. To experts, those unknowns are just two of many mysteries that demonstrate the company’s continued struggles to spot and shield users from potentially problematic political content with the 2020 presidential election a year away. Critics contend Google suffers from its own blind spots around paid political speech, which has generated nearly $124 million for the company since it began releasing its data in May 2018.

Canada

Canada – How Corporations Still Get Away with Secret Lobbying in B.C.
The Narwhal – Christopher Pollon | Published: 11/12/2019

British Columbia’s New Democratic Party has promised to clean up politics, eliminate big money campaign donations, and ferret out corporate influence – which includes Bill 54, the province’s lobbying amendment act introduced last October. But in spite of much talk and limited action, the secret lobbying of elected officials remains a common practice in British Columbia today, according to Duff Conacher, coordinator of Democracy Watch. Conacher said all of the recently announced changes, including a strengthened two-year ban on lobbying for politicians or high-level bureaucrats after leaving office, only apply to those who officially register with the Office of the Register of Lobbyists. But if someone is not being expressly paid to lobby or do less than 50 hours of in-house lobbying a year, registration is not required.

From the States and Municipalities

California – Campaign Finance and Lobbyist Registration Rules Get First Nod in Newport Beach
Los Angeles Times – Hillary Davis | Published: 11/8/2019

Newport Beach City Council candidates who knowingly accept campaign donations over the limit may be subject to removal from office under local election reforms that advanced at a recent meeting. The council gave initial approval to two ordinances – one adding a grace period for fixing violations of municipal political contribution limits, plus penalties for scofflaws, and another to establish local lobbyist registration. The lobbyist rule would require an advocate who receives at least $500 a month or works under a contingency contract to register.

California – PG&E Helped Fund the Careers of Calif. Governor and His wife. Now He Accuses the Utility of ‘Corporate Greed.’
San Francisco Chronicle – Douglas MacMillan and Neena Satija (Washington Post) | Published: 11/11/2019

California Gov. Gavin Newsom has repeatedly called out Pacific Gas and Electric (PG&E) for “corporate greed” in light of its role in the wave of wildfires in his state, but Newsom and his wife have accepted more than $700,000 from the utility, its foundation, and employees as PG&E has supported his campaigns, ballot initiatives, inauguration festivities, and Jennifer Siebel Newsom’s foundation. The payments are not unusual for PG&E, one of the most politically active companies in California state and local politics and a prolific donor to Bay Area charities. When a federal judge asked PG&E in July to explain why its political spending was “more important than replacing or repairing the aging transmission lines,” the utility said it needs to make the concerns of its employees, customers, and shareholders known to policymakers.

Colorado – Ethics Report on John Hickenlooper’s Private Jet Travel Is Released
Denver Post – Justin Wingerter | Published: 11/7/2019

Colorado’s Independent Ethics Commission released a report into former Gov. John Hickenlooper’s travel, including interview notes that show a private jet trip to Connecticut last year was paid for by a billionaire friend’s company. The report, which drew no conclusions, will be used by the ethics commission as it conducts a hearing into Hickenlooper’s travel and whether that travel violated the Colorado Constitution. The report is primarily made up of interview summations, along with documentation such as checks and travel itineraries.

Florida – Scandalous Details to Emerge in Ex-Mayor Joy Cooper’s Corruption Trial
South Florida Sun-Sentinel – Susannah Bryan | Published: 11/14/2019

The high-profile trial of Joy Cooper, the former mayor of Hallandale Beach arrested on corruption charges, has a slew of scandalous details. And the jurors chosen to serve in Cooper’s trial are likely to hear most of them. Most of those details are related to former lobbyist Alan Koslow, a star witness for the state. A flashy character who at one time boasted he was “Mr. Hollywood,” Koslow became an FBI informant tapped by the agency to ferret out public corruption in Broward County. But before all that, Koslow fell for a ruse set up by two undercover agents who went by the names Jack and Joey. They posed as out-of-town developers who wanted his help getting a high-rise project approved in Hallandale Beach. Koslow told the men he had influence with the Hallandale Beach commission and “had the vote of the mayor,” court records say.

Idaho – Whodunit in the Library: Someone keeps hiding the anti-Trump books
MSN – Mike Baker (New York Times) | Published: 11/10/2019

Someone has been hiding books in the Coeur d’Alene Public Library, those that explore politics through a progressive lens, or criticize President Trump. They wind up misfiled in out-of-the-way corners where readers will be sure not to find them. “I am going to continue hiding these books in the most obscure places I can find to keep this propaganda out of the hands of young minds,” the mystery book relocator wrote in a note left for Bette Ammon, the library director. The incidents over this past year were not the first-time books have mysteriously disappeared. For decades, Coeur d’Alene has navigated a delicate political landscape in northern Idaho, a conservative corner of the country where some have sought refuge from political and social changes elsewhere.

Illinois – Chicago Aldermen Propose Their Own Changes to City Lobbying Rules
Crain’s Chicago Business – A.D. Quig | Published: 11/13/2019

As Illinois legislators weigh ethics changes in response to federal investigations into elected officials, businesses, and lobbyists, aldermen in Chicago are lining up behind their own changes to city lobbying rules. Ald. Michele Smith, who chairs the Committee on Ethics and Government Oversight, and Ald. Matt O’Shea have introduced a ban on city council members acting as paid lobbyists and on outside elected officials lobbying on Chicago matters. So far, they have convinced a majority of the council to support the change.

Illinois – In Springfield, Family Ties Bind Lobbyists, Lawmakers
Prairie State Wire – W.J. Kennedy | Published: 11/11/2019

When he is not in Springfield, Illinois Rep. Michael J. Zalewski says he is a “health care attorney.” But he really works as a municipal lobbyist, representing client interests before local government village boards and city councils. They include Chicago, where his father, Michael R. Zalewski, served as an alderman for 23 years until he resigned this spring after his home was raided by federal authorities as part of a corruption investigation. Rep. Zalewski, questioned earlier this year about whether his side local lobbying job was appropriate, was incredulous. “I’ve acted with integrity and honor,” Zalewski said. “I’ve complied with all ethical and legal guidelines.” He is not the only one seemingly unconcerned with appearances.

Illinois – Lobbying by Sitting Illinois Lawmakers Under Scrutiny
AP News – John O’Connor | Published: 11/11/2019

A federal bribery charge against Illinois Rep. Luis Arroyo has led to questions about whether lawmakers should be allowed to lobby other units of government. Most states allow lawmakers to lobby outside state government, and Illinois is not even the least restrictive. Eighteen states, including California, have no restrictions on such lobbying. House Republicans have produced a package of legislation, including a ban on lobbying by active legislators and a revamp of annually required statements of economic interest.

Iowa – Iowa Ethics Board Looking for Leader to Succeed Megan Tooker
The Gazette – Staff | Published: 11/12/2019

The Iowa Ethics and Campaign Disclosure Board is looking for a new executive director to replace Megan Tooker. She said she is leaving in mid-December to pursue other career opportunities. Board members likely will establish a committee to screen candidates and bring one or more finalists for the board to consider.

Iowa – Steyer Aide Offered Money for Endorsements
AP News – Alexandra Jaffe | Published: 11/7/2019

A top aide to Democratic presidential candidate Tom Steyer in Iowa privately offered campaign contributions to local politicians in exchange for endorsing his White House bid, according to multiple people with direct knowledge of the conversations. The overtures from Pat Murphy, a former Iowa House speaker, are not illegal, though payments for endorsements would violate campaign finance laws if not disclosed. There is no evidence any Iowans accepted the offer or received contributions from Steyer’s campaign as compensation for their backing. Murphy has resigned from the campaign.

Kentucky – Close Election in Kentucky Was Ripe for Twitter, and an Omen for 2020
MSN – Mathew Rosenberg and Nick Corasaniti (New York Times) | Published: 11/10/2019

A few hours after polls closed in Kentucky on November 5, a Twitter user writing under the handle @Overlordkraken1 posted a message to his 19 followers saying he had “just shredded a box of Republican mail-in ballots.” It was clear the Kentucky governor’s race was going to be excruciatingly close, and the Republican incumbent, Matt Bevin, could be headed to defeat. For those eager to cry fraud as a reliably red state leaned blue, the fact that @Overlordkraken1 did not appear to be in Kentucky was not going to get in the way of a useful narrative. Kentucky is shaping up to be a case study in the real-word impact of disinformation, and a preview of what election-security officials and experts fear could unfold a year from now if the 2020 presidential election comes down to the wire.

Louisiana – Louisiana Supreme Court Justice Jefferson Hughes III Denies Payoff Allegation from Ex-Hammond Councilman
New Orleans Advocate – John Simerman | Published: 11/3/2019

Louisiana Supreme Court Justice Jefferson Hughes III acknowledges he visited a former Hammond city councilperson at his home to question him about his support for Will Crain, an appeals court jurist running for an open seat alongside Hughes on the state’s high court. Hughes also said he told the ex-councilperson, local political operative Johnny Blount, that he might find it more financially rewarding to back Hans Liljeberg, the state appeals court judge facing off against Crain in the November 16 runoff. But Hughes insisted he never offered Blount $5,000 to come out publicly for Liljeberg, an allegation Blount made in an affidavit. Blount’s affidavit prompted Richard Ducote, who lost in the primary for the Supreme Court seat and now backs Crain, to file a complaint against Hughes with the Louisiana Judiciary Commission.

Maryland – Annapolis Ethics Commission Chair Owns a Short-Term Rental Property, Says Not a Conflict of Interest
Capital Gazette – Brooks DuBose | Published: 11/13/2019

Annapolis Ethics Commission Chairperson Jim Dolezal did not disclose he operates a short-term rental property before voting with the commission to deny a request by city Ald. Elly Tierney to reconsider her recusal from a contentious debate on short-term rental legislation. The ethics panel upheld the recusal by citing a potential conflict-of-interest because Tierney owns and operates a bed and breakfast. Dolezal’s property is only available to rent during the annual U.S. Sailboat Show and Naval Academy Commissioning Week, he said. Current and proposed rental legislation specifically exempts rentals from those two events.

Massachusetts – Boston Subpoenaed by Grand Jury in Marijuana Corruption Probe
Boston Globe – Dan Adams | Published: 11/9/2019

A federal grand jury has subpoenaed the City of Boston for records of interactions between local officials and marijuana company representatives. The demand makes the city the most prominent subject yet of a wide-ranging investigation into municipal corruption by the office of U.S. Attorney Andrew Lelling, though there is no evidence prosecutors are targeting Boston in particular. One main focus of the probe is the “host community agreements” every marijuana firm must sign with the city or town where it hopes to open before it can obtain a state license. Boston so far has signed host community agreements with 14 marijuana operators; no recreational pot shops have opened in the city, though several have applications pending before the state Cannabis Control Commission.

Michigan – News Websites with Political Ties Spread Across Michigan
Governing – Malachi Barrett (MLive.com) | Published: 11/9/2019

A growing number of media organizations with ties to partisan activists are spreading in Michigan in time for the 2020 presidential election. News websites affiliated with Republican and Democratic groups have sprung up in battleground states in the last year. The websites are straightforward about their editorial agenda to varying degrees – some described themselves as watchdogs meant to replace trusted community newspapers while others clearly exhibit a partisan slant and use layouts designed to resemble conventional news organizations. “There’s never been a more difficult time for information consumers than the time we’re in right now,” said Kathleen Bartzen, director of the Center for Journalism Ethics at the University of Wisconsin.

New York – Developer Pays $10K to Settle De Blasio Dubious Donation Case
The City – Greg Smith | Published: 11/13/2019

Douglaston Development will pay $10,000 to end an investigation into a contribution by the company to New York City Mayor Bill de Blasio’s now defunct nonprofit, Campaign for One New York. The Joint Commission on Public Ethics (JCOPE) previously reached settlements with three other major developers the mayor had solicited for donations. Entities that are lobbying City Hall for favorable treatment are prohibited from giving gifts to public officials or to third parties designated by a public official. JCOPE was looking at the donations to DeBlasio’s nonprofit as illegal gifts.

New York – Inspector General Probed Ethics Panel’s Alleged Leak to Cuomo
Albany Times Union – Brendan Lyons | Published: 11/13/2019

New York Gov. Andrew Cuomo was allegedly briefed on the details of a closed-door vote by the Joint Commission on Public Ethics (JCOPE) last January, around the time the panel voted on whether to investigate Joseph Percoco, a former top aide to the governor. The allegation – that someone in JCOPE may have illegally informed the governor or his staff about the voting breakdown of the panel’s non-public decision – was secretly investigated by the state inspector general’s office between January and October 4, when the inspector general sent a letter to JCOPE stating its investigation had been unable to substantiate the complaint. The apparent breach of JCOPE’s bylaws was revealed when Cuomo allegedly contacted Assembly Speaker Carl Heastie almost immediately following the commission’s January meeting and expressed concerns about the votes of the speaker’s appointees to JCOPE.

New York – Under Proposal, Taxpayer Funds Could Match Big Campaign Donations
Albany Times Union – Chris Bragg | Published: 11/13/2019

The plans of a commission charged with rewriting New York’s campaign finance rules quickly drew criticism from advocates who had hoped the panel would reduce the role of big money in state politics. The Public Campaign Finance Commission voted to preliminarily adopt new donation limits for elections for the state Assembly and Senate. While those limits would be about half the current maximum amounts in New York, they would still be quite high by the standards of elections outside the state. “They’re simply reducing the limits from being astronomical to being sky-high,” said Alex Camarda, senior policy advisor at the government reform group Reinvent Albany.

Oregon – Oregon to Launch Statewide Procurement Marketplace in 2020
Governing – Andrew Westrope (Government Technology) | Published: 11/9/2019

Oregon has contracted with Periscope Holdings, a developer of e-procurement systems, to create a new statewide procurement platform, OregonBuys, set to launch in 2020. Based on the company’s BuySpeed e-procurement system, OregonBuys will standardize the procurement process across all state agencies, automate some of the associated tasks, and track and manage government purchases of goods and services.

Pennsylvania – FBI Eyes How Pennsylvania Approved Pipeline
AP News – Marc Levy | Published: 11/12/2019

The FBI has begun a corruption investigation into how Gov. Tom Wolf’s administration came to issue permits for construction on a multibillion-dollar pipeline project to carry highly volatile natural gas liquids across Pennsylvania. FBI agents have interviewed current or former state employees about the Mariner East project and the construction permits, according to three people who have direct knowledge of the agents’ line of questioning. The focus of the agents’ questions involves the permitting of the pipeline, whether Wolf and his administration forced environmental protection staff to approve construction permits and whether Wolf or his administration received anything in return, those people say.

Tennessee – State Panel Questions Recent Ruling to Lower Jeremy Durham’s Campaign Finance Penalty, Calls for New Hearing
The Tennessean – Joel Ebert | Published: 11/13/2019

Campaign finance officials in Tennessee are rejecting an administrative law judge’s ruling to reduce a record-setting fine against former state Rep. Jeremy Durham. The Registry of Election Finance concurred with a recommendation from Bill Young, executive director of the Bureau of Ethics and Finance, to hold a hearing to consider Durham’s case again. The issue dates back to a $465,000 fine the registry levied against Durham in 2017, after an audit found he violated state campaign finance law hundreds of times, including by using donors’ money to buy custom suits and sunglasses. Administrative Law Judge Steve Darnell said the registry’s initial civil penalty was excessive, noted the broadness of the state’s campaign finance laws, and placed the burden of proof on auditors to determine if Durham’s questionable expenditures were illegal. Darnell said the fine should be reduced to $110,000.

Texas – Campaign Contribution Limits Going Up
Austin Monitor – Jo Clifford | Published: 11/12/2019

Austin voters approved new campaign finance regulations in 1997 that limit the amount an individual can give to each candidate. City Clerk Jannette Goodall announced that the amount has risen from $350 to $400. “The limits are increasing for the first time in a number of years based on the Department of Labor’s Consumer Price Index,” Goodall said. In addition, candidates will now be allowed to collect $38,000, rather than $37,000, “from sources other than natural persons eligible to vote in a postal ZIP code completely or partially within the (city of Austin) limits.”

Texas – Dallas Mayor Taps Attorney Tim Powers as Ethics Czar, Promises ‘Teeth’ to City Code
Dallas Morning News – Hayat Norimine | Published: 11/8/2019

Dallas Mayor Eric Johnson carried out an inaugural promise to pick an ethics czar to rewrite the city’s ethics code. Johnson announced that Tim Powers, a managing partner at the law firm Haynes and Boone LLP who has been chairperson of the Ethics Advisory Commission for a few months, will lead a working group that would scrutinize the ethics code and recommend changes. Johnson said he wants the city council to vote on the recommendations by June.

Texas – Top Texas GOP Donor Resigns from Company After Admitting to Prohibited Contributions
Texas Tribune – Patrick Svitek | Published: 11/7/2019

James Dannenbaum, a prolific Republican donor and former University of Texas regent, is resigning from his namesake engineering company after admitting to coordinating illegal campaign contributions in 2017. Dannenbaum, the chief executive officer of Dannenbaum Engineering, was charged with recruiting employees to donate over $20,000 to three congressional candidates in February 2017 and then reimbursing them with corporate funds. It is a felony to set up such conduit donations, which typically happen when the offender has already given the maximum amount to campaigns, which was $2,700 per election last cycle.

Virginia – In Virginia, Republicans Confront a Fearful Electoral Future
Houston Chronicle – Gregory Schneider and Michael Scherer (Washington Post) | Published: 11/8/2019

The November 5 elections revealed new troubles for the Republican Party in suburbs from Memphis to Philadelphia. Nowhere has the problem been more pronounced than in Virginia, where Republicans have been all but wiped from power in the past decade. Virginia now stands as a fearful avatar for Republicans of what the nation’s unrelenting demographic and cultural changes mean for the party, as the moderate-to-liberal urban and suburban areas grow and more conservative rural areas lose ground. Similar shifts are starting to hit such states as North Carolina, Arizona, Georgia, and Texas, as minority populations increase and white college-educated voters continue to turn away from the GOP brand.

Washington – After Massive Spending, Fight Rages on for Bill to Curb Seattle PAC Money
MyNorthwest.com – Nick Bowman | Published: 11/11/2019

On the heels of sizable corporate spending in Seattle’s city council races, Councilperson Lorena Gonzalez is continuing to fight for legislation to curb that spending in future elections. Her bill will look to curb political spending in Seattle elections in three ways: prohibiting donations from foreign-owned companies; limiting contributions from individuals to independent expenditure committees to $5,000 each; and clarifying reporting requirements for commercial advertisers running paid political ads.

Washington DC – D.C. Lawmaker Jack Evans Owned Bank Stock While Pushing Bill Favored by Bank
Washington Post – Fenit Nirappil and Steve Thompson | Published: 11/9/2019

When District of Columbia Council member Jack Evans proposed a bill in 2011 that would have shifted more city government deposits into local banks, he told a business journal he got the idea from EagleBank, one of a few institutions that would have benefited. What Evans never made public was that he held stock in EagleBank worth tens of thousands of dollars. Evans’ financial interest in EagleBank was among the revelations in a recent report from an ethics investigation. In the fallout from the report, nearly every other member of the council has publicly or privately urged Evans, the city’s longest serving lawmaker, to resign. Evans’ relationship with EagleBank has also attracted the interest of federal prosecutors.

Wisconsin – Lawsuit Could Deactivate 234,000 Voters in Wisconsin
AP News – Scott Bauer | Published: 11/13/2019

More than 234,000 voters in Wisconsin would be made unable to cast their ballot unless they register again before the next election under a lawsuit that liberals fear could dampen turnout among Democrats in the 2020 presidential race. The lawsuit could affect how many voters are able to cast ballots in both the April presidential primary and November 2020 general election in Wisconsin, a key swing state that both sides are targeting. President Trump narrowly won the state by less than 23,000 votes in 2016.

November 13, 2019 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “Ban Political Ads on Facebook? Upstart, Anti-Trump Candidates Object.” by Isaac Stanley-Becker for San Francisco Chronicle California: “PG&E Helped Fund the Careers of Calif. Governor and His wife. Now He Accuses the Utility of ‘Corporate Greed.’” by […]

November 8, 2019 • Written by Jim Sedor

News You Can Use Digest – November 8, 2019

National/Federal A Conspiracy of Hunches: Roger Stone trial set to start this week San Francisco Chronicle – Devlin Barrett, Spencer Hsu, and Manuel Roig-Franzia (Washington Post) | Published: 11/4/2019 Roger Stone is on trial in federal court, where prosecutors plan to […]

National/Federal

A Conspiracy of Hunches: Roger Stone trial set to start this week
San Francisco Chronicle – Devlin Barrett, Spencer Hsu, and Manuel Roig-Franzia (Washington Post) | Published: 11/4/2019

Roger Stone is on trial in federal court, where prosecutors plan to dive back into an episode of political chicanery, alleged lies, and conspiratorial texts that parallels the nascent impeachment inquiry into his longtime friend President Trump. Stone has long cultivated a public image as a dirty trickster on the edges of mainstream politics. He has been charged with lying to Congress and trying to tamper with a witness during a congressional investigation into interference in the 2016 election. His trial offers the possibility of fresh insights into the strange quest by some in Trump’s orbit for a kind of political kryptonite to use against Hillary Clinton – secret emails that would, they hoped, destroy her candidacy.

Advocacy Groups Fear Impact of Twitter Political Ad Ban
The Hill – Alex Gangitano | Published: 11/1/2019

Advocacy groups and trade associations are worried that Twitter’s decision to ban all political advertisements could hurt their efforts to use digital marketing to promote their issues. One source told The Hill the Twitter announcement sent “shock waves” through public affairs professionals in Washington, D.C. While Twitter is still working to finalize its rules, the changes are likely to force those groups to rework how they speak to elected officials, stakeholders, and the public through social media. There are still many questions about the scope of Twitter’s ban. Some asked how Twitter will deal with companies who are politically active.

As Trump Moves to Bully Witnesses and Derail Impeachment, Democrats See Obstruction
Anchorage Daily News – Phillip Rucker, Rachael Bade, and Roisalind Helderman (Washington Post) | Published: 11/1/2019

The centerpiece of House Democrats’ eventual impeachment charges is widely expected to be President Trump’s alleged abuse of power over Ukraine. But obstruction of Congress is now all but certain to be introduced as well, just as it was five decades ago when the House Judiciary Committee voted for articles of impeachment against then-President Richard Nixon. Democrats argue the Trump administration’s stonewalling –including trying to stop subpoenaed witnesses from testifying and blocking the executive branch from turning over documents – creates a strong case the president has infringed on the separation of powers and undercut lawmakers’ oversight duties as laid out in the Constitution.

Giuliani: I never lobbied or represented foreigners
Roll Call – Kate Ackley | Published: 10/31/2019

Rudolph Giuliani, who spent more than a dozen years with two well-known K Street firms, has deep ties to the influence industry. The former New York mayor logged a decade with the law and lobbying firm then known as Bracewell & Giuliani and a two-year stint after that with Greenberg Traurig. Giuliani never registered to lobby and has never disclosed work as a foreign agent, though it is his international portfolio that has generated attention from federal prosecutors. Though Bracewell appears not to have registered to do foreign influence work, Giuliani’s name appears in Foreign Agent Registration Act filings during his time there.

Higher Earning ‘Elite’ Political Lobbyists Overstate Their Own Achievements, Study Shows
Phys.org – University of Exeter | Published: 11/6/2019

Research from the University of Exeter in the United Kingdom shows high-earning lobbyists living in Washington, D.C. with congressional experience, and who engage in a broader range of activities, were more likely than other lobbyists to inflate their success. Lobbyists who have a smaller salary and work in specialist areas or for public interest groups are less overconfident, or even underestimate their success. Researchers said this suggests overconfidence can help lobbyists make connections with important people but does not necessarily lead to them being able to influence policies. The research examined whether a lobbyist’s perception of their own success was accurate, compared to legislative outcomes, and if their measure of their own success was in line with other lobbyists who worked on the same issues.

Inside Adam Schiff’s Impeachment Game Plan
MSN – Adam Zengerle (New York Times) | Published: 11/5/2019

After Speaker Nancy Pelosi announced the House was moving forward with an “official impeachment inquiry,” she said U.S. Rep. Adam Schiff would be leading the investigation. Schiff’s initial reluctance to pursue impeachment, paradoxically, has made him a particularly effective advocate for it in the past month. In his interviews and news conferences, he strikes a more-in-sorrow-than-in-anger tone, in keeping with Pelosi’s interest in presenting impeachment as a “prayerful, solemn, difficult” process. Schiff has come to occupy a unique and privileged place in the Democratic firmament. His Ukraine investigation has now been invested with all the hopes and dreams that Democrats once placed in the special prosecutor Robert Mueller’s Russia probe. In Schiff, Democrats believe they have found a more reliable vessel than Mueller and an opportunity for a do-over of sorts.

K Street’s Newest Star Built Business on Dubious Claims of Trump Ties
Laredo Morning Times – Beth Reinhard and Jonathan O’Connell (Washington Post) | Published: 11/1/2019

Since President Trump took office, the lobbyist Michael Esposito has been wildly successful, turning a family business that once focused on municipal transportation issues into one of the fastest-growing lobbying firms in Washington, D.C. Fueling that rise, at least in part, are Esposito’s claims that he is uniquely positioned: a former Capitol Hill staffer who is close to centers of power in the Trump administration. Some of those very people, however, said Esposito’s claims are greatly embellished, or simply not true. Esposito, whose firm says it employs a half-dozen other lobbyists, some of whom have White House and congressional experience, said his clients had scrutinized his record and would have detected any falsehoods.

Lobbyists’ Revolving Door Leads Back to Capitol Hill Jobs
Bloomberg Government – Megan Wilson | Published: 11/5/2019

More than 100 staff members traded in jobs with high-paying K Street firms, corporations, trade associations, or nonprofits for long hours on Capitol Hill beset by partisan brawls and legislative gridlock. Nearly 60 percent of the 110 people who have moved to the Hill from the influence industry since the midterm election went to work for House Democrats, a likely result of the flurry of new jobs available after the party regained control of the chamber. Republican offices in both the House and Senate hired 31 ex-lobbyists, or 28 percent of the total number who moved over. Some say they are doing it out of a desire to be in public service or because they have a longtime loyalty to their congressional bosses. Congress has made no conflict-of-interest rules limiting the interactions of lobbyists returning to Capitol Hill.

Sondland Updates Impeachment Testimony, Describing Ukraine Quid Pro Quo
MSN – Michael Schmidt (New York Times) | Published: 11/5/2019

A critical witness in the impeachment inquiry offered Congress substantial new testimony, revealing he told a top Ukrainian official that the country likely would not receive American military aid unless it publicly committed to investigations President Trump wanted. The disclosure from Gordon Sondland, the U.S. ambassador to the European Union, in four new pages of sworn testimony, confirmed his involvement in laying out a quid pro quo to Ukraine that he had previously not acknowledged. The issue is at the heart of the impeachment investigation into Trump, which turns on the allegation the president abused his power to extract political favors from a foreign power. Trump has consistently maintained that he did nothing wrong and that there was no quid pro quo with Ukraine.

The Hottest Stop for Candidates on the 2020 Campaign Trail? The Picket Line.
Washington Post – Eli Rosenberg | Published: 11/2/2019

The road to the presidential nomination next year is sure to be full of unforeseen twists and potholes as a crowded field of Democratic contenders dukes it out in a volatile political climate. But about a year into their race, one thing is clear: It leads through a thicket of striking workers, in a number of states, whether they are in front of a grocery store, an automotive factory, or an elementary school. This push comes as they try to dislodge some of the support President Trump has found in states that have lost tens of thousands of union jobs in recent years, including Wisconsin, Michigan, and Pennsylvania. Political observers said the rush by 2020 hopefuls to embrace striking workers marks a new chapter, although unions have been nominally aligned with Democratic politicians on and off for years.

The Messy Politics of Voter Purges
Pew Charitable Trusts – Matt Vasilogambros (Stateline) | Published: 10/25/2019

With a year until the 2020 presidential election, many states are still crafting ballot access policies that will shape their electorate. Decisions about voter list maintenance, one of the most essential bureaucratic duties of state election officials, received intense scrutiny in several states this year. While federal law mandates a certain level of voter roll maintenance, states differ on how they manage their registration databases. Most state officials are just trying to keep voter lists clean, said David Becker, executive director and founder of the Center for Election Innovation and Research. Inevitably, however, dropping voters from the rolls inspires forceful political pushback, as many voting rights activists fear it is a form of voter suppression.

Trump Lures GOP Senators on Impeachment with Cold Cash
Politico – Alex Isenstadt | Published: 10/31/2019

President Trump is rewarding senators who have his back on impeachment and sending a message to those who do not to get on board. Trump is tapping his vast fundraising network for a handful of loyal senators facing tough reelection bids in 2020. Each of them has signed onto a Republican-backed resolution condemning the inquiry as “unprecedented and undemocratic.” Republican senators on the ballot next year are lagging in fundraising, stoking uncertainty about the GOP’s hold on the chamber, and could use the fundraising might of the president. Trump’s political operation has raked in over $300 million this year.

Trump Wanted Barr to Hold News Conference Saying the President Broke No Laws in Call with Ukrainian Leader
MSN – Matt Zapotosky, Josh Dawsey, and Carol Leonnig (Washington Post) | Published: 11/6/2019

President Trump wanted Attorney General William Barr to hold a news conference declaring that the president had broken no laws during a phone call in which he pressed his Ukrainian counterpart to investigate a political rival, though Barr ultimately declined to do so, people familiar with the matter said. The request from Trump traveled from him to other White House officials and eventually to the Justice Department. The president has mentioned Barr’s demurral to associates in recent weeks, saying he wished Barr would have held the news conference, Trump advisers say. Those close to the administration concede the department has made several recent maneuvers putting it at odds with the White House at a particularly precarious time for Trump.

Canada

Canada – Alberta Businessman, Company Fined $25,000 Over Donations to Jeff Callaway Campaign
Globe and Mail – James Keller | Published: 11/4/2019

Alberta’s election commissioner fined a Calgary businessperson and a company he controls over allegations they illegally gave $60,000 to a failed contender for the leadership of the provincial United Conservative Party (UCP), who then used that money to reimburse straw donors to his campaign. Robyn Lore and Agropyron Enterprises were fined a combined total of $25,000 for their involvement in Jeff Callaway’s UCP leadership campaign in 2017. The elections commissioner has issued more than $200,000 in fines, including to many of Callaway’s donors and several members of his staff as part of an investigation into how the campaign was financed.

Canada – ‘Deep State’ Lobbying a Growing Tactic of Fossil Fuel Industry, Report Finds
The Narwhal – Sharon Riley | Published: 11/5/2019

Since Canadian Prime Minister Justin Trudeau’s took office in 2015, lobbyists in Ottawa have focused more attention on the nation’s bureaucrats, rather than elected office holders, representing what one researcher is calling a troubling “fusion of private interest and public bodies.” A new report from the Corporate Mapping Project documents the reach of the fossil fuel industry when it comes to lobbying the federal government, raising red flags about what it calls a “troubling shift in lobbying patterns.” The report’s findings suggest industry lobbyists are increasingly focusing on developing closer, long-term relationships with federal bureaucrats rather than elected officials.

From the States and Municipalities

Alaska – Anchorage Judge Orders Alaska Campaign Contribution Limit to Be Reinstated
KTUU – Sean Maguire | Published: 11/6/2019

A Superior Court judge in Anchorage issued a ruling that may hobble the independent expenditure groups that have come to dominate elections in Alaska. Judge William Morse said the Alaska Public Office Commission (APOC) should reinstate the $500 annual per-person contribution limit to PACs that is in state law. APOC stopped enforcing it following the U.S. Supreme Court decision in the case of Citizens United v. Federal Election Commission. Harrow says APOC went too far in its interpretation.

Arkansas – Indictment Says Couple Bought Legislation Tweaks
Arkansas Democrat Gazette – Eric Besson | Published: 11/7/2019

Former executives of the nonprofit at the heart of a sweeping federal political corruption probe in Arkansas face new wire-fraud charges after a federal grand jury produced a fresh allegation involving former state Sen. Jeremy Hutchinson. He pleaded guilty to accepting bribes in connection to payments made by a nonprofit run by the married couple, Bontiea and Tom Goss. The new indictment says Hutchinson added language, at Bontiea Goss’ request, to a Senate bill he sponsored. The language, which remained when the bill became law, helped the Gosses’ nonprofit “because it provided an advantage to the charity when competing for valuable [Arkansas] contracts,” the indictment says. The aim was to help the firm win approval to create a “pay-for-success program.”

California – Donations to Anderson’s 2020 County Supervisor Campaign Draw Questions
San Diego Union-Tribune – Jeff McDonald | Published: 11/4/2019

Ten years ago, when he was a California Assembly member, Joel Anderson was the subject of an investigation into questionable campaign contributions that ended with election regulators fining him $20,000 and the legislator admitting he made a mistake. Now running for a seat on the San Diego County Board of Supervisors, Anderson is under a new investigation involving more recent contributions by some of the same donors from a decade ago. Anderson set up two different campaign committees for the 2020 race, the first nearly five years ago and the second in April 2016. Campaign records show the two committees accepted contributions from at least 11 people who, when their donations are combined, exceeded the county limit of $850 per individual contribution for primary and general elections.

California – SF Voters Pass Prop. F, the ‘Sunlight on Dark Money’ Measure
San Francisco Chronicle – Trisha Thandani | Published: 11/5/2019

A San Francisco ballot measure intended to increase the transparency of who pays for campaign ads won easily on November 5. The passage of Proposition F, called “Sunlight on Dark Money,” means campaigns will be forced to more prominently disclose who donates money to a cause. Proposition F is targeted at independent PACs, which can raise an unlimited amount of money from corporations, unions, and individuals. Those committees can then donate to individual candidate committees, which makes it less obvious who is behind the contributions.

California – Travel, Furniture, ‘Lavish’ Meals: Nonprofit head misspent $1.7 million, filing alleges
Los Angeles Times – David Zahniser | Published: 11/6/2019

The former head of the Los Angeles-based anti-poverty nonprofit Youth Policy Institute improperly used the organization’s funds to pay the property taxes on his house, buy furniture for his home office, and make national political donations, the group alleged in court documents. Dixon Slingerland, who was fired as the group’s chief executive in September, spent the nonprofit’s money on an array of unauthorized and personal expenses, including private tutoring for his children, contributions to his wife’s pension, and “lavish” dining, travel, and entertainment, according to a bankruptcy filing lodged by the nonprofit.

Florida – A Library Wanted a New York Times Subscription. Officials Refused, Citing Trump and ‘Fake News.’
MSN – Antonia Noori Farzan (Washington Post) | Published: 11/5/2019

The board of commissioners in Citrus County, Florida, said it will no longer pay for the county library’s digital subscription to The New York Times, with one commissioner citing President Trump’s claim that the newspaper’s reporting was “fake news” as justifying the decision. On the same day the commissioners met, the White House said it was planning to order that federal agencies end their subscriptions to The Times and the Washington Post, two news outlets often criticized by Trump. “Someone’s personal political view does not have a place in deciding what library resources are available for the entire county,” said Sandy Price, chairperson of the library’s board. “Libraries have to ensure all points of view are represented.”

Georgia – DeKalb County Voters Reject Ballot Referendum to Restructure Ethics Board
Emory Wheel – Ninad Kulkarni | Published: 11/6/2019

A ballot referendum to restructure the DeKalb County Ethics Board failed to pass. The referendum proposed the establishment of a new ethics board for the county and replaced the position of ethics officer with an “ethics administrator.” DeKalb County legislators can vote on a new bill in the 2020 legislative session to address the ethics board. County residents in 2015 voted to make the ethics board more independent and to allow outside groups to appoint a majority of the board members, according to The Atlanta Journal-Constitution. The ethics board had not been functional since a 2018 Georgia Supreme Court ruling mandated that a majority of the members must be appointed by public officials.

Illinois – Pritzker Promises Lobbying Reforms as ‘Small Start’ to End Corrupt ‘Old Way of Doing Politics’
Chicago Sun-Times – Staff | Published: 11/6/2019

Vowing to help lift the cloud of “pay-to-play” politics over Illinois, Gov. J.B. Pritzker told Cook County Democrats he plans to help craft legislation that would shed more light on lobbyists as the first in “a series of ethics reforms that are frankly long overdue.” Expressing his anger over corruption has become a recurring theme for the governor as a sprawling federal investigation ensnares state legislators, Chicago aldermen, and county officials. After general vows to help “root” out illegal activity, Pritzker pledged to take the first step in the upcoming fall veto session.

Illinois – Rep. Luis Arroyo Resigns After Being Charged with Bribery
Chicago Tribune – Dan Petrella and Jamie Munks | Published: 11/1/2019

State Rep. Luis Arroyo resigned from the Illinois House, one week after being arrested on a federal bribery charge. His resignation came hours before a legislative committee was set to meet to consider his ouster. Arroyo is accused of paying a bribe to a state senator in exchange for support of a gambling bill that would have benefited a lobbying client of Arroyo’s. His arrest followed a federal raid on the Capitol office of Sen. Martin Sandoval in September and the indictment of Sen. Thomas Cullerton in August on embezzlement charges in connection with an alleged union ghost payrolling scheme.

Kansas – Fight Over $70M Kansas Prison Health Care Contract Turns Bitter Amid Ethics Concerns
Wichita Eagle – Jonathan Shorman | Published: 11/5/2019

The Tennessee company criticized for providing substandard medical care to Kansas’s 10,000 prison inmates now finds itself at the center of fresh controversy over the future of its $70 million-plus annual contract. Corizon Health alleges the Kansas Department of Corrections put the massive prison health care contract up for bid in a way that eases the path for a competitor who employs the former head of the corrections system. At the same time, a top official in Gov. Laura Kelly’s administration said a Corizon executive made political threats against the current leader of the Department of Corrections over the contract.

Kentucky – Kentucky Outcome Embarrasses Trump and Worries Many Republicans Ahead of 2020
MSN – Robert Costa (Washington Post) | Published: 11/6/2019

Democrats’ claim of victory in Kentucky’s gubernatorial race, as well as the Democratic takeover of the Virginia Legislature, left Republicans stumbling and increasingly uncertain about their own political fates next year tied to an embattled and unpopular president. Many allies of President Trump rushed to explain away the poor performance of incumbent Kentucky Gov. Matt Bevin as an anomaly, while other GOP veterans expressed alarm about the party’s failure in a state where Trump won by nearly 30 percentage points in 2016. Bevin’s attempt to nationalize his cause by stoking conservative grievances about the impeachment process was not enough to overcome his problems nor was Trump’s raucous rally for the governor, raising questions about Trump’s political strength as he faces a barrage of challenges and a difficult path to reelection.

Maine – Vacancy on State Ethics Panel Poses Election-Year Risks
Portland Press Herald – Scott Thistle | Published: 11/3/2019

Leaders of the Maine Legislature have yet to fill a seat that opened on the state ethics board 19 months ago, leaving the public’s only watchdog for campaign finance accountability in a weakened state as candidates begin collecting cash for the next election. Only five people serve on the Maine Commission on Governmental Ethics and Election Practices, and by law no more than two members can belong to the same political party. As a result, one of the seats is usually held by an independent. The last independent commissioner stepped down in March 2018, leaving decisions in the hands of four commissioners who must set aside party loyalties – and who face no prohibition on making political donations themselves.

Missouri – Federal Appeals Court Says Missouri Lobbying Rules Don’t Apply to Activist
St. Louis Post-Dispatch – Erin Heffernan | Published: 11/3/2019

The Eighth U.S. Circuit Court of Appeals ruled that requiring Ron Calzone to sign up as a lobbyist in Missouri unjustly limits his First Amendment rights because he is not paid to press his views with members of the state Legislature and offers them nothing of value. The ruling overturned a decision by a three-judge panel of the same court. That panel had declared the Missouri Ethics Commission could require Calzone to register in the name of transparency and preventing corruption. Calzone, the president and sole officer of the nonprofit Missouri First organization, frequently speaks to lawmakers at the Capitol, often at public hearings. But he says he does not buy food or gifts for legislators.

Nevada – Group Seeks to End Gerrymandering with Independent Commission
Las Vega Review-Journal – Colton Lochhead | Published: 11/4/2019

A group looking to end partisan gerrymandering in Nevada is taking the issue to the voters in hopes of creating a bipartisan independent commission to draw political boundaries in the state instead of lawmakers. The League of Women Voters Nevada is expected to file a constitutional amendment with the secretary of state that, if approved by voters in 2020 and again in 2022, would create a commission that would have the sole authority to draw state legislative and congressional boundaries. According to the description of the proposal, the commission would ensure that districts have roughly equal populations, are “geographically compact and contiguous,” provide equal opportunities for minorities to participate in the process, and do not give an unwarranted advantage to one political party.

New York – Council Approves Fine, Suspension and Monitor for Andy King
Politico – Joe Anuta | Published: 10/28/2019

The New York City Council voted to level the most severe punishment in the panel’s history against Andy King, who was found by investigators to have misused council resources and then retaliated against staff members who he thought were cooperating with the ensuing probe. King’s colleagues voted to suspend him for 30 days, install a monitor for the remainder of his term, fine him $15,000, and strip him of his committee assignments. In addition, staffers who were pressured by King to leave would be allowed to return to work, employees would not be required to chauffeur King around in their personal vehicles without compensation, and King’s wife, an employee of the Service Employees International Union, would be prohibited from conducting council business.

New York – Trump Taxes: Appeals court rules president must turn over 8 years of tax returns
MSN – Benjamin Weiser (New York Times) | Published: 11/4/2019

A federal appeals court ruled President Trump cannot block the Manhattan district attorney’s office from subpoenaing his accounting firm for tax returns and financial records, delivering a blow to the president’s claim that he is immune to criminal investigations. But the court noted they were not ruling on all of the sweeping assertions of immunity the president’s lawyers have claimed. During a hearing before the panel, Trump’s personal lawyer had argued that a sitting president enjoys blanket immunity from criminal prosecution and even investigations while in office. The president’s legal team has already made clear that they intend to bring their case to the U.S. Supreme Court.

North Carolina – Is Dan Forest Owed $80,000 in Damages Over a 2012 Political Ad?
Raleigh News and Observer – Will Doran | Published: 11/4/2019

A group that lobbies for state employees could have to pay North Carolina Lt. Gov. Dan Forest nearly $80,000 because of a campaign finance violation from 2012. The North Carolina Supreme Court heard arguments on both sides of that debate recently, years after Forest’s political committee first sued the political arm of the State Employees Association of North Carolina, which is known as EMPAC, The dispute involves political ads and a since-repealed state law that said political ads had to include a large photograph of either the treasurer or chief executive of the group paying for it. Forest claims he is owed $78,000 in damages, even though he won the 2012 election and went on to serve two terms as lieutenant governor. EMPAC says even if there were technical violations in the ads, it should not have to pay Forest any money because he cannot prove he was harmed.

North Carolina – Senate Leader Using Campaign Cash to Buy Raleigh Home
WRAL – Travis Fain | Published: 11/6/2019

Senate Majority Leader Phil Berger’s campaign is buying him a home in Raleigh, and the State Board of Elections told him that is allowed under North Carolina’s campaign finance law. Berger’s campaign has paid at least $55,000 to a company he created called YPD Properties LLC. YPD is a property management company, and it appears to be a pass-through entity for campaign rent payments that ultimately pay the mortgage for a townhome that Berger and his wife bought in May of 2016. Watchdog Bob Hall filed a formal complaint with the elections board, which enforces campaign finance rules. While others use campaign money to rent apartments or pay hotel bills, Hall said this is different because Berger’s buying an appreciating asset.

Tennessee – Judge Orders State Officials to Reduce Jeremy Durham’s Record-Setting Campaign Finance Penalty to $110,000
The Tennessean – Joel Ebert | Published: 11/4/2019

Administrative Law Judge Steve Darnell said former state Rep. Jeremy Durham’s fine of $465,000 for violating Tennessee’s campaign finance law should be reduced to $110,000. The initial fine was the single-largest civil penalty ever assessed by the Registry of Election Finance. Darnell wrote that the Legislature did not “give the registry an unbridled right to dole out civil penalties.” The judge pointed to legal precedent while saying prohibitions on excess civil penalties are covered by the U.S. Constitution. The ruling could further undermine the statute, giving lawmakers, many of whom spend donors’ money in in questionable ways, even more latitude.

Tennessee – State Sen. Brian Kelsey Faces Federal Probe Over Complicated Trail of Campaign Donations, Current and Former Lawmakers Say
The Tennessean – Joel Ebert and Adam Tamburin | Published: 11/5/2019

Tennessee Sen. Brian Kelsey is the subject of a grand jury probe into a complicated money trail related to his failed congressional bid in 2016. The investigation comes more than two years after The Tennessean reported unusual interactions between Kelsey’s state campaign account, a private Nashville club with a PAC, a federal advocacy organization, and the senator’s congressional bid. In a Campaign Legal Center complaint, the group accused Kelsey of violating straw donor prohibitions by purportedly orchestrating the money trail from his state campaign account to the American Conservative Union. He may have also violated straw donor laws when he gave campaign contributions to lawmakers who provided donations to his federal campaign.

Texas – Texas House Speaker Dennis Bonnen Won’t Face Criminal Prosecution, Brazoria County DA Says
Texas Tribune – Cassandra Pollock | Published: 10/24/2019

Texas House Speaker Dennis Bonnen will not be criminally prosecuted for the things he said during a secretly recorded meeting with a hardline conservative activist, the district attorney in his hometown announced. Bonnen has said he will not seek reelection after activist Michael Quinn Sullivan secretly recorded a meeting with Bonnen in June. In the meeting, Bonnen and a top lieutenant asked Sullivan’s group, Empower Texans, to target a list of 10 House Republicans in the upcoming primary elections, and said he could get Empower Texans media access to the House floor. Bonnen also made a handful of disparaging comments about House Democrats and local leaders.

Virginia – Democrats Flip Virginia Senate and House, Taking Control of State Government for the First Time in a Generation
Washington Post – Gregory Schneider and Laura Vozzella | Published: 11/6/2019

Democrats gained control of both houses of the Virginia General Assembly, tapping strength in the suburbs to consolidate power for the first time in a generation and deliver a rebuke to President Trump. Officials reported unusually high turnout in an election that served as an opening salvo in next year’s presidential showdown, a test of Democratic defiance and Republican resolve in the era of Trump. The sweep completed a dramatic political conversion, from red to blue, of a Southern state on Washington, D.C.’s doorstep.

Virginia – Virginia Cyclist Who Flipped Off Trump Wins Loudoun County Seat Representing His Golf Club
Danbury News Times – Paul Schwartzman (Washington Post) | Published: 11/5/2019

Juli Briskman, the cyclist who was photographed giving President Donald Trump the finger two years ago and found herself without a job and at the center of a national uproar, got a new job on November 5, winning a seat on the Loudoun County Board of Supervisors, ousting a Republican in the process. Briskman raised her middle finger as she rode a bicycle alongside the presidential motorcade as Trump departed his golf club in Sterling, Virginia. Briskman said she was intent on basing her campaign on issues and not the incident involving her finger. But she acknowledged her notoriety helped her raise $150,000 for the race.

Washington – Washington High Court Probes Food Industry’s Speech Rights
Capital Press – Don Jenkins | Published: 10/22/2019

A Washington Supreme Court hearing on a record $18 million fine against the food industry touched on boycotts, death threats, and whether companies have the same free-speech protection as civil rights workers. The Grocery Manufacturers Association (GMA) faces the penalty for failing to timely report the names of the companies that contributed $11 million in 2013 to defeat a GMO-labeling initiative. An appeals court upheld the conviction, but found the violations were not intentional and slashed the penalty to $6 million, still by far the largest fine ever in the U.S. for a campaign violation. At the heart of GMA’s case to overturn the fine is whether companies and executives faced retaliation by engaging in political speech. After a tough initiative battle in California in 2012, the GMA set up a separate account to take in money from members. The group then contributed $11 million under its name to the “no” campaign.

Washington DC – D.C. Lawmaker Jack Evans Used Office to Benefit Private Clients, Probe Finds
Washington Post – Fenit Nirappil | Published: 11/4/2019

District of Columbia Councilperson Jack Evans repeatedly used his office on behalf of private clients who paid him hundreds of thousands of dollars, failing to recognize the conflicts and never properly disclosing the payments, according to an investigation by a law firm hired by the council. The confidential report identified 11 instances since 2014 in which Evans violated the council’s rules governing ethics. It marks the first time the council has detailed ethical lapses by Evans, the city’s longest-serving lawmaker. His business interests and his public actions have been the target of a federal investigation, as well as a probe by the Washington Metropolitan Area Transit Authority.

Thursday’s LobbyComply News Roundup

News You Can Use Digest – February 14, 2020

News You Can Use Digest – January 31, 2020

Wednesday’s LobbyComply News Roundup

Monday’s LobbyComply News Roundup

Monday’s LobbyComply News Roundup

Los Angeles Limits Campaign Donations from Developers

Montgomery County, Maryland Launches Bid Solicitation Tracker

News You Can Use Digest – November 22, 2019

D.C. Council Aims to Tighten Loopholes in Subcontracting Law

Thursday’s LobbyComply News Roundup

News You Can Use Digest – November 15, 2019

Wednesday’s LobbyComply News Roundup

News You Can Use Digest – November 8, 2019

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