Latest Developments:
- The New York Joint Commission on Public Ethics met and considered revisions to the Comprehensive Lobbying Regulations. The newest revisions are subject to formal notice and the state’s rule-making process and will be put through a new 45-day notice and comment period. Nevertheless, staff expects the Commission to approve the proposed revisions before the beginning of the next year as an emergency regulation. The Commission also approved sending revised Source of Funding Regulations through the same process.
- The Colorado Court of Appeals, in Dunafon v. Krupa, ruled that the Colorado Independent Ethics Commission is not a state agency, institution, or public body and therefore is neither subject to the Colorado Open Records Act (CORA) nor subject to the Colorado Open Meetings Law (CORL). The court found that the Independent Ethics Commission “is ‘not an executive agency; it is instead an independent, constitutionally created commission that is ‘separate and distinct from both the executive and legislative branches.’”
In Case You Missed It:
- Campaign Fund Misuse Alleged: MSN reports from the Columbus Dispatch that the ex-speaker of the Ohio House has been using campaign funds to pay his legal expenses associated with federal corruption charges. While legal fees are a permissible expense of campaign committees, the article quotes from Ohio Elections Commission opinions, including “a 1996 opinion, (in which) members noted ‘that an expenditure for legal fees to defend against criminal charges is not an appropriate use of campaign funds on behalf of the officeholder.’”
- Campaign Account Hacked: The Associated Press reports that hackers stole $2.3 million from the Wisconsin Republican Party’s federal campaign account. “The party noticed the suspicious activity on Oct. 22 and contacted the FBI on Friday… (T)he FBI is investigating.” According to the article, “hackers manipulated invoices from four vendors who were being paid for direct mail for Trump’s reelection efforts as well as for pro-Trump material such as hats to be handed out to supporters. Invoices and other documents were altered so when the party paid them for the services rendered, the money went to the hackers instead of the vendors.”
- Guilty Plea in Campaign Finance Case: According to Politico, a Florida businessman became “the first defendant to plead guilty in a campaign finance and business fraud case involving associates of Rudy Giuliani.” The report states that “the men used foreign money to influence U.S. political campaigns to benefit their business ventures and to encourage (the U.S. ambassador to Ukraine’s) ouster.” The businessman admitted to a charge based on “false statements made to the Federal Election Commission about a $325,000 donation sent to the America First Action super PAC in May 2018 from a company called Global Energy Producers.”
- Portland Mayor’s Loan Scrutinized: A Judge in Portland ruled that the Portland City Auditor must examine a complaint about the Portland Mayor’s $150,000 loan to his own campaign. Oregon Public Broadcasting reports that despite the Auditor’s view that the self-funding limitation “conflicts with the U.S. Supreme Court precedent,” the court “ruled that the city auditor had to follow the rules in the charter and city code and look into the complaint that alleged (the Mayor) violated campaign finance rules with his loan.”
- Who’s Policing the Texts: The Wall Street Journal reports on wireless companies’ efforts to monitor campaigns that are “seeking to blast out millions of text messages in the days leading up to the election.” According to the article, “Wireless carriers last year agreed to new industry standards that require all political texters to secure explicit consent before sending messages.” But the article points out that campaigns have “cut back on door-to-door canvassing during the coronavirus pandemic,” making texts a “more critical tool.”