Walter Shaub Statement on Emory Rounds Clearing Committee for Confirmation to Lead Office of Government Ethics

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Rounds is the right pick to lead OGE during time of ‘historic challenges’

Walter Shaub, senior director, ethics, at CLC, released the following statement:

“Emory Rounds is the right pick to lead the Office of Government Ethics (OGE). Through the confirmation process, Rounds has demonstrated an appreciation for the responsibility to preserve the government ethics program in this time of ethical crisis. He is also acutely aware of the significant limitations on the director’s authority, and I believe he will do his utmost within existing parameters to confront the historic challenges OGE faces. Now that he has cleared the committee, I hope the full Senate will confirm him. Rounds has shown that he values OGE’s independence from the White House. I was particularly impressed that he committed during his confirmation hearing to review OGE’s inappropriate blessing of the Patriot Legal Expense Fund Trust, LLC, an unethical legal defense fund constructed in a way that potentially gives the president’s allies power to influence witness testimony in the Russia investigation. The challenge of reviewing – and hopefully reversing – OGE’s previous action on that fund may be one of the greatest challenges he will face while in office if he is confirmed. I anticipate that the Senate would follow up to learn the outcome of his review.”

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U.S. Supreme Court Rules Ohio May Reinstate Practice of Purging Voters From Its Rolls for Not Voting

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WASHINGTON – In a 5-4 ruling in Husted v. APRI, the U.S. Supreme Court today upheld an Ohio voter purge practice that removes infrequent voters from the registration rolls. The decision creates a danger that other states will pursue extreme purging practices to disenfranchise millions of eligible voters across the country.

In APRI, Ohio asked the Supreme Court to overturn a federal appeals court decision that found an Ohio practice of targeting registrants who have not voted in a two-year period for removal from the voter rolls — when there is no evidence that the voter has become ineligible — violates a federal law known as the National Voter Registration Act (NVRA). The Court assented to Ohio’s request, holding that the state’s process does not violate the NVRA’s prohibition on using non-voting as a basis for canceling registrations because, although the state indeed targets eligible voters who have not voted recently, the non-voting is not “the sole criterion” for removing a registrant.  

In 2015 alone, hundreds of thousands of infrequent voters were purged from Ohio’s voter rolls. Over 40,600 registrants in the state’s largest county, Cuyahoga, were removed under the process allowed by the Supreme Court today. The majority of these registrants lived in low-income communities and communities of color.

“The Supreme Court decision to allow Ohio to purge its citizens from the rolls is a setback for voting rights nationwide,” said Paul Smith, vice president of Campaign Legal Center (CLC). “Our democracy weakens when states are permitted to take actions that discourage voter participation. By constructing obstacles that make voting more difficult, Ohio is sending the wrong message to its citizens.”

Dēmos and the ACLU of Ohio first filed suit on behalf of Ohio APRI, NEOCH, and Ohio resident Larry Harmon in 2016, prevailing in the circuit court and securing relief that protected the right to vote for purged Ohio voters in November 2016 and every other election in the state to date.

Legal Complaint: Pruitt Misused Government Position with Outreach to Chick-Fil-A

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CLC requests investigation by EPA Inspector General about new revelations that fit ‘pattern of misconduct distinguishing Administrator Pruitt’s time at head of EPA’

WASHINGTON – Today, Campaign Legal Center (CLC) filed a legal complaint with the Inspector General at the Environmental Protection Agency (EPA), asking for an ethics investigation into Administrator Scott Pruitt’s abuse of his official position. Emails obtained by The Washington Post indicate that Pruitt leveraged his authority as a cabinet-level official and used governmental resources to secure a Chick-fil-A business opportunity for his wife. His actions appear to violate the ban on the use of official authority for the private financial gain of a relative.

“Beyond the legal concerns raised by Pruitt’s actions, Pruitt seems to ignore basic ethical principles about public service. Executive branch employees should use their government position and authority for the benefit of the public, rather than to benefit close family members,” said Delaney Marsco, legal counsel, ethics, at CLC. “Pruitt’s actions fit into a pattern of misconduct distinguishing his time at the head of the EPA.”

Issues

Advocating for State Voter Registration Forms to Comply with the NVRA

At a Glance

CLC sent letters to state officials across the country informing them that their voter registration forms were not up-to-date and did not accurately explain voter eligibility. 

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About This Case/Action

What is the NVRA and where are states falling short?

The purpose of the National Voter Registration Act (NVRA) is to ease the voter registration process, a goal as relevant today as when it passed in 1993. The NVRA requires states to inform residents of voter eligibility requirements and make sure their forms are up to date.

State compliance with this important law enhances participation in our democracy. It is the responsibility of each state to inform the Election Assistance Commission about changes in the law so the federal instructions can be updated. However, the information available to people with past convictions to determine their eligibility in some states are virtually nonexistent. In other states, the information on registration forms and other resources are simply wrong.

We cannot afford to have a voter registration system that fails to inform every eligible American of her right to vote.

Enforcing the Hatch Act

At a Glance

CLC filed complaints urging enforcement of the Hatch Act and has called out violations in the media. 

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About This Case/Action

Purpose of the Hatch Act

The Hatch Act is a federal law that prohibits federal employees from engaging in certain partisan political activities. The purpose of the Hatch Act is to keep partisan politics independent from the administration of federal programs, and to ensure that individuals do not use their entrusted authority to affect the political process.

The law serves as an important cornerstone of ethical public service, and CLC has flagged potential Hatch Act violations numerous times to alert government agencies of potential misconduct and call on the U.S. Office of Special Counsel (OSC) to investigate. Violations of the Hatch Act can result in disciplinary action such as reprimand, suspension, demotion or dismissal.

CLC’s Recent Work on the Hatch Act

In March 2018, in response to a complaint filed by CLC, OSC determined that White House senior counselor Kellyanne Conway acted improperly when she advocated against an Alabama Senate candidate on TV. Conway had advocated against that candidate from the White House grounds, while identified on camera by her official title, not once but on two separate occasions. OSC found she violated the Hatch Act on both occasions and referred the matter to President Donald Trump for disciplinary action. CLC had filed the November 2017 complaint after Conway appeared on Fox & Friends to advocate against a candidate for public office using her official government title while standing in front of the White House. This was not Conway’s first run-in with ethics-related legal provisions.

Nor was it CLC’s first attempt to hold her accountable for living up to the high standards expected of senior White House officials.

CLC took action because the American people should be able to trust those wielding governmental power to live up to high ethical standards. Public service is a public trust. When Conway misused her position, she broke that trust.

CLC has used these and other instances of government malfeasance as opportunities to educate the public about the Hatch Act and other ethics laws, with the goal of ensuring that government resources and authority are being used properly.