January 24, 2022 •
Monday’s LobbyComply News Roundup
Campaign Finance Florida: “How Much Darker Can Political Money Get? New GOP Bill Tries to Further Shield Donors” by Ana Ceballo and Samantha Gross (Miami Herald) for MSN Illinois: “Supreme Court Considers Use of Political Campaign Funds to Mount Legal […]
Campaign Finance
Florida: “How Much Darker Can Political Money Get? New GOP Bill Tries to Further Shield Donors” by Ana Ceballo and Samantha Gross (Miami Herald) for MSN
Illinois: “Supreme Court Considers Use of Political Campaign Funds to Mount Legal Defense in Public Corruption Cases” by Mark Maxwell for WCIA
Washington: “WA Supreme Court Upholds $18M Campaign-Finance Fine Against Grocery Industry Group” by Jim Brunner for Seattle Times
Elections
National: “As Giuliani Coordinated Plan for Trump Electoral Votes in States Biden Won, Some Electors Balked” by Beth Reinhard, Amy Gardner, Josh Dawsey, Emma Brown, and Rosalind Helderman (Washington Post) for MSN
Georgia: “Atlanta D.A. Requests Special Grand Jury in Trump Election Inquiry” by Maggie Astor and Danny Hakim (New York Times) for MSN
Ethics
National: “The Jan. 6 Panel Wants to Talk to Ivanka Trump” by Caitlyn Kim for National Public Radio
Tennessee: “Senate Ethics Committee Recommends Sen. Katrina Robinson’s Expulsion, Will Go Before Senate Vote” by Melissa Brown (Memphis Commercial Appeal) for Yahoo News
Lobbying
National: “Top Lobbying Firms Report Record-Breaking 2021 Earnings” by Karl Evers-Hillstrom (The Hill) for MSN
January 21, 2022 •
News You Can Use Digest – January 21, 2022
National/Federal DirecTV Says It Will Sever Ties with Far-Right Network One America News MSN – Timothy Bella (Washington Post) | Published: 1/15/2022 DirecTV announced it will sever ties with One America News (OAN) after this year, pulling the conservative news channel […]
National/Federal
DirecTV Says It Will Sever Ties with Far-Right Network One America News
MSN – Timothy Bella (Washington Post) | Published: 1/15/2022
DirecTV announced it will sever ties with One America News (OAN) after this year, pulling the conservative news channel from millions of homes. The channel, which has promoted conspiracy theories about the 2020 presidential election and coronavirus pandemic, will be dropped in April when its contract expires. OAN’s sister channel, A Wealth of Entertainment, will also be removed from the satellite provider. AT&T has been criticized for playing a foundational role in building up OAN into a Donald Trump-friendly alternative to Fox News. Though DirecTV is now its own company, AT&T owns 70 percent of the satellite provider.
ExxonMobil Aims to Use a Radical Texas Law to Silence Its Critics – in California
Mother Jones – Chris McGreal | Published: 1/18/2022
ExxonMobil is attempting to use an unusual Texas law to target and intimidate its critics, claiming lawsuits against the company over its long history of downplaying and denying the climate crisis violate the U.S. Constitution’s guarantees of free speech. ExxonMobil is asking the Texas Supreme Court to allow it to use the law, known as rule 202, to pursue legal action against more than a dozen California municipal officials. Exxon claims that in filing lawsuits against the company over its role in the climate crisis, the officials are orchestrating a conspiracy against the firm’s first amendment rights.
FEC Report Shows How National Party Committees Allegedly Blow Past Contribution Limits
MSN – Isaac Stanley-Becker (Washington Post) | Published: 1/14/2022
A fundraising committee operated jointly by the Trump campaign and the Republican National Committee in 2016 served as a vehicle for state parties to FEC’s general counsel found almost three years ago. The general counsel’s report, available since 2019, was newly released in an updated and unredacted form because of a development in an associated case. It mirrors findings from the general counsel’s office about similar activity by a joint fundraising committee benefiting Hillary Clinton in 2016. The alleged sum funneled through state party committees in that case was even larger: $112 million.
House Jan. 6 Committee Subpoenas Giuliani, Sidney Powell
MSN – Jacqueline Alemany and Tom Hamburger (Washington Post) | Published: 1/18/2022
The House committee investigating the insurrection of January 6, 2021, issued subpoenas to members of former President Trump’s outside legal team who pursued and disseminated unfounded claims of mass election fraud, including Trump’s former personal attorney Rudolph Giuliani, former White House aide Boris Epshteyn, and lawyers Jenna Ellis and Sidney Powell. The committee has also subpoenaed and obtained records of phone numbers associated with Eric Trump and Kimberly Guilfoyle, the fiancé of Donald Trump Jr.
How More Than $404 Million in Taxpayer Money Got Locked Away in a Forgotten Government Fund – and Lawmakers Won’t Spend It or Return It
Yahoo News – Dave Levinthal (Business Insider) | Published: 1/18/2022
Holed away in a government account is a massive cash stash most anyone, from depleted federal programs to coronavirus-throttled charitable causes, would love to tap. But it sits idle and untouched. The intended beneficiaries of the taxpayer-fueled Presidential Election Campaign Fund – presidential candidates – do not want it, as they are soured by its restrictions on their fundraising and spending. Conservatives in Congress would prefer to disband the fund and repurpose its money. Many Democrats want the money to seed a reimagined public campaign finance program contained within a broader “democracy-reform” agenda.
Lawmakers Coming Under Increased Threats – Sometimes from One Another
Yahoo News – Rebecca Beitsch (The Hill) | Published: 1/17/2022
A little over a year after the violent attack on the Capitol, threats targeting lawmakers have only increased alongside a surge of violent speech shared online and even inside the building. Threats against lawmakers have reached an all-time high of 9,600, according to U.S. Capitol Police data. On the anniversary of that attack, the Department of Homeland Security warned that calls for violent action against lawmakers were picking up steam online. That includes a video calling for lawmakers to be hung in front of the White House that has now been viewed more than 60,000 times. Some of the violent rhetoric is coming from within Congress.
Legislatures Across Country Back Off Pandemic Protocols
Colorado Newsline – Sean Scully | Published: 1/19/2022
Across the nation, lawmakers are gathering for the annual ritual of legislative sessions, which in most states takes up the early months of the year. Unlike recent years, when masks and social distancing were common, if not the explicit rule, in many states hardly anyone would know the country was entering the third year of a pandemic. Even in states where COVID-19 protections do remain in place, the issue has exposed a sharp partisan divide and provoked unrest among lawmakers.
Manchin, Sinema Join with GOP in Rejecting Attempt to Change Filibuster Rules, Effectively Killing Democratic Voting Bill
MSN – Mike DeBonis (Washington Post) | Published: 1/19/2022
The year-long Democratic push for federal voting rights legislation died in the Senate after Republicans blocked an elections bill for the fifth time in six months and Democrats failed to unite their caucus behind a plan to rewrite the chamber’s rules and pass it anyway. The vote amounted to a bitter but unsurprising finale for the Democratic voting rights effort on Capitol Hill, a campaign backed by top party leaders and pushed by key elements of its coalition even as Sens. Joe Manchin and Kirsten Sinema made clear they would not weaken the 60-vote rule, defending it as a tool to protect minority-party rights and promote bipartisanship.
Now with Senate Allies, Spanberger’s Legislation to Ban Members of Congress from Trading Stock Gains Traction
MSN – Meagan Flynn (Washington Post) | Published: 1/17/2022
More than a year since U.S. Rep. Abigail Spanberger first put forth legislation that would ban members of Congress from trading stock, a flurry of action in the Senate has injected some momentum into the proposal. While it is traditionally tough to get Congress to police itself, Spanberger and her co-lead on the legislation, U.S. Rep. Chip Roy (R-Tex.), have built a bipartisan coalition around the issue spanning the ideological spectrum after several stock-trading controversies during the pandemic raised eyebrows.
Supreme Court Rejects Trump’s Request to Withhold Jan. 6 Materials from House Committee Investigating Capitol Riot
MSN – Robert Barnes (Washington Post) | Published: 1/19/2022
The Supreme Court rejected former President Trump’s request to block the release of some of his White House records to a congressional committee investigating the January 6, 2021, attack on the U.S. Capitol. The order turned aside Trump’s request to block the records’ release while the case regarding his assertion of executive privilege continues through the courts. It means there is no legal obstacle to release of the materials from the National Archives and Trump’s lawyers have argued that would make the case moot.
Ted Cruz Finds Friendly High Court Audience in Campaign Finance Challenge
Courthouse News Service – Kelsey Reichman | Published: 1/19/2022
Members of the U.S. Supreme Court’s conservative majority seemed sympathetic to Sen. Ted Cruz in a challenge he brought to a provision of campaign finance law limiting the repayment of federal candidates’ loans to their campaigns. The law places a $250,000 limit on the repayment of personal loans from candidates to campaigns using money from postelection donations. Seeking to test the constitutionality of the law, Cruz lent $260,000 to his 2018 re-election campaign. Cruz says the provision has the effect of deterring the loans. The Biden administration argues Congress intended the provision as an anti-corruption measure.
The Justice Dept. Alleged Jan. 6 Was a Seditious Conspiracy. Now Will It Investigate Trump?
MSN – Matt Zapotosky, Josh Dawsey, Tom Hamburger, and Rachel Weiner (Washington Post) | Published: 1/15/2022
The Justice Department’s decision to charge Oath Keepers with seditious conspiracy makes clear prosecutors consider the attack on the U.S. Capitol part of an organized assault to prevent the peaceful transfer of presidential power. But so far, the department does not appear to be directly investigating the person whose desperate bid to stay in office motivated the mayhem, former President Trump, either for potentially inciting a riot or for what some observers see as a related pressure campaign to overturn the results of the election.
From the States and Municipalities
California – Fired OC District Attorney’s Investigator Who Accused Todd Spitzer of Bribery Gets Job Back in Arbitration
Orange County Register – Tony Saavedra | Published: 1/17/2022
Michael Leb, a fired Orange County district attorney’s office investigator who accused District Attorney Todd Spitzer of “pay-to-play” schemes, won back his job in arbitration. Arbitrator Michael Leb, who concluded the firing process “was tainted. The charges were not proven, and the termination of Tucker was not for reasonable cause.” Tucker will be paid more than a year in back pay. Tucker was fired amid allegations he unilaterally began investigating his suspicions that Spitzer was giving preferential treatment to campaign donors. Tucker also accused Spitzer with colluding with investigation bureau chief Paul Walters to bury the findings.
California – Tech Companies Spend Millions on California Political Gifts
MSN – Don Thompson (Associated Press) | Published: 1/14/2022
Gov. Gavin Newsom solicited donations totaling nearly $227 million from Facebook, Google, and other private California companies and groups to combat the coronavirus pandemic and help run parts of his administration, according to the Fair Political Practices Commission. While California limits the amount of the gifts and campaign contributions to politicians, there are no limits on so-called behested payments. They are reportable only if they are made at the suggestion of a public official to someone else for a legislative, governmental, or charitable purpose, and only if payments from a single source reach $5,000 in a calendar year.
Colorado – Campaign Contributions Didn’t Require Commissioner’s Recusal, Court Rules
Legal Newsline – Daniel Fisher | Published: 1/19/2022
Citing a U.S. Supreme Court decision that established the constitutional boundaries for determining political conflicts-of-interest, a Colorado court rejected claims that Larimer County Commissioner Tom Donnelly should have recused himself from voting on a concrete plant permit because the company’s shareholders contributed several thousand dollars to his campaign. Central to the decision was the Supreme Court’s 2009 decision Caperton v. A.T. Massey Coal Co., which said the due process rights of citizens can be violated in “rare,” “exceptional,” and “extreme” cases where a politician’s vote appears to reflect large campaign contributions.
Colorado – Grand Jury to Investigate Election Tampering Allegations in Mesa County
Canon City Daily Record – Saja Hindi (Denver Post) | Published: 1/13/2022
State and local officials are launching a grand jury investigation into allegations of election equipment tampering and official misconduct in Mesa County, Colorado. Authorities have been investigating a possible security breach in County Clerk Tina Peters’ office after Peters and others allegedly allowed an unauthorized person access to elections equipment. The secretary of state’s office asked Peters to sign a document that placed limits on what she can do for the 2022 elections if she wants to return as clerk, but Peters rejected the offer.
Florida – Florida Governor Proposes Special Police Agency to Monitor Elections
MSN – Lori Rozsa and Beth Reinhard (Washington Post) | Published: 1/18/2022
A plan by Florida Gov. Ron DeSantis would establish a special police force to oversee state elections, the first of its kind in the nation, and while his fellow Republicans have reacted tepidly, voting rights advocates fear it will become law and be used to intimidate voters. The proposed Office of Election Crimes and Security would be part of the Department of State, which answers to the governor. DeSantis is asking the Legislature to allocate nearly $6 million to hire 52 people to “investigate, detect, apprehend, and arrest anyone for an alleged violation” of election laws. They would be stationed at unspecified “field offices throughout the state” and act on tips from “government officials or any other person.”
Florida – Records: Tallahassee strategist helped boost ghost candidates with dark money ad buy
MSN – Samantha Gross (Miami Herald) | Published: 1/18/2022
A longtime political strategist paid for more than $500,000 in misleading mailers promoting no-party candidates in three key Florida Senate races in 2020, according to court records released as part of a public corruption probe. Investigators say the ads were meant to confuse voters to benefit the Republican candidates in the races. The mailers featured messaging on issues that historically appeal to Democrats and promoted no-party candidates who had not actively campaigned. The ads urge voters to “cut the strings” from party-backed candidates.
Georgia – Atlanta Public Corruption Trials to Begin After Four Years, Trump-Related Turnover of Prosecutors
Saporta Report – David Penered | Published: 1/18/2022
The federal prosecution of alleged corruption at Atlanta City Hall appears to be advancing after a delay. There are four upcoming trials that could last through the year, and perhaps longer. Authorities filed indictments against public officials and vendors whose city contracts ranged in the millions of dollars. Former President Trump may have had a role in the prosecution’s delay. Three U.S. attorneys have served in Atlanta in the past year. The fourth prosecutor in line to lead the office is Ryan Buchanan, who was nominated by President Biden and is awaiting Senate confirmation.
Illinois – ‘They All Need Somebody That Does What I Do’; Unsealed affidavit reveals new details in Ald. Edward Burke corruption probe
Yahoo News – Jason Meisner (Chicago Tribune) | Published: 1/14/2022
An FBI search warrant affidavit that led to the 2018 raid on Ald. Edward Burke’s City Hall offices was made public, providing new detail on the hundreds of audio and video recordings made in the corruption case that rocked Chicago politics. The affidavit paints a picture of Burke at the height of his power as chair of the Finance Committee, accusing him of constantly prowling for new business for his private law firm and making repeated offers to grease the wheels at City Hall for those he favored.
Maryland – Baltimore State’s Attorney Marilyn Mosby Indicted on Federal Charges She Lied on Financial Transactions to Buy Homes in Florida
Yahoo News – Justin Fenton (Baltimore Sun) | Published: 1/13/2022
A federal grand indicted Baltimore’s top prosecutor, Marilyn Mosby, on charges of perjury and making false statements with a series of financial transactions that helped her buy a condominium on Florida’s Gulf Coast and another property near Orlando. Mosby is charged with falsely claiming to suffer financial hardship from the coronavirus to obtain an early withdrawal from her retirement savings to purchase the homes. Prosecutors also allege she lied on a mortgage loan application by hiding an outstanding federal tax debt.
Massachusetts – Lyft Makes Largest One-Time Political Donation in Massachusetts History, Fueling Gig Worker Ballot Fight
MSN – Matt Stout (Boston Globe) | Published: 1/18/2022
The coalition pushing petitions that could reshape how gig economy workers are classified in Massachusetts took in the single largest political donation in state history, helping fund a phalanx of consultants, pollsters, and signature gatherers driving the questions toward the ballot. The rideshare giant Lyft gave $14.4 million to a committee supporting the petitions, most of which came in a $13 million donation on December 30. The committee enlisted Conan Harris & Associates, a management consulting firm founded by the husband of U.S. Rep. Ayanna Pressley.
Michigan – Ex-Detroit Councilman André Spivey Gets 2-Year Sentence in Bribery Case
Detroit News – Robert Snell and James David Dickson | Published: 1/19/2022
A federal judge sentenced former Detroit City Councilperson André Spivey to two years in federal prison for receiving almost $36,000 in bribes, part of a sprawling corruption scandal engulfing City Hall and the police department. Spivey received about $36,000 in the scheme from a towing industry figure who was working undercover for the FBI, prosecutors said. Spivey received the money on eight separate occasions during a five-year period ending in 2020, including cash during a secret payoff at his 46th birthday party.
Michigan – Michigan Attorney General Refers Investigation into Fake Republican Electors to Federal Prosecutors
MLive.com – Malachi Barrett | Published: 1/14/2022
Michigan Attorney General Dana Nessel said she gave federal prosecutors the details of a year-long investigation into Republicans who signed false documents asserting former President Trump won Michigan’s Electoral College votes. Sixteen Republicans falsely identified themselves as Michigan’s “duly elected and qualified electors” in unofficial certificates that were sent to federal officials who record the Electoral College vote following the 2020 election. Nessel said federal prosecutors could consider fraud and charges, and her office is still considering whether to bring state-level charges.
Missouri – The Kansas City Star Seeks to Intervene in Independence Suit, Unseal Mayor’s Deposition
Kansas City Star – Kevin Hardy | Published: 1/19/2022
The Kansas City Star asked to intervene in a civil lawsuit in Independence for the purpose of unsealing the sworn testimony of Mayor Eileen Weir. In its motion, The Star argues Weir failed to show any legal cause for sealing her deposition and says its closure is a violation of First Amendment protections. Rules say individuals may seek protective orders “for good cause shown.” The Star argues Weir included no justification, but only referenced the fact that she was the mayor and third parties were seeking copies of her deposition transcript.
Montana – Federal Judge Strikes Down Montana’s Clean Campaign Act
Helena Independent Record – Sam Wilson | Published: 1/18/2022
U.S. District Court Judge Donald Molloy ruled a Montana law that was meant to curb last-minute campaign attacks violates free speech rights. Molloy said the Clean Campaign Act “delays, and sometimes even prevents, political speech on the basis of content.” Montana Citizens for Right to Work sued after the state’s Commissioner of Political Practices found it failed to follow the law’s “Fair Notice” provision by giving candidates a heads-up on negative mailers sent out shortly before Election Day in 2020. It is unclear whether the state will appeal the ruling.
New York – N.Y. Attorney General Outlines Pattern of Possible Fraud at Trump Business
MSN – Jonah Bromwich, Ben Protess, and William Rashbaum (New York Times) | Published: 1/19/2022
New York Attorney General Letitia James accused Donald Trump’s family business of repeatedly misrepresenting the value of its assets to bolster its bottom line, saying in court papers the company had engaged in “fraudulent or misleading” practices. The filing marked the first time the attorney general’s office leveled such specific accusations against the former president’s company. Her broadside ratchets up the pressure on Trump as he seeks to shut down her investigation, which he has called a partisan witch hunt.
Ohio – FirstEnergy Collected $460 Million from Customers; Auditor Unsure If It Was Spent on Bribes
Ohio Capital Journal – Jake Zuckerman | Published: 1/18/2022
There is no clear evidence to show the $460 million that FirstEnergy charged its customers went to its stated purpose of modernizing the electric grid, an audit found. A 2019 Ohio Supreme Court ruling blocked the company from continuing to apply the charge to customer bills. Daymark Energy Advisors, in an audit for the Public Utility Commission sought to follow the money. The audit comes as consumer advocates have demanded answers as to whether FirstEnergy used the funds in its $60 million political bribery scheme it operated.
Ohio – Ohio Supreme Court Invalidates GOP-Approved Congressional Map ‘Infused with Undue Partisan Bias’
Yahoo News – Jessie Balmert and Laura Bischoff (Columbus Dispatch) | Published: 1/13/2022
The Ohio Supreme Court struck down the state’s congressional district map, saying Republicans violated the Ohio Constitution by drawing districts that favored GOP candidates. That violated language overwhelmingly approved by voters in 2018 to prevent a map that unduly favored one party or its incumbents. “When the dealer stacks the deck in advance, the house usually wins,” wrote Justice Michael Donnelly in the court’s opinion.
Pennsylvania – Pa. Legislature’s Redacted Legal Bills Flout Court Ruling, Leave Taxpayers Guessing
Spotlight PA – Angela Couloumbis (Spotlight PA) and Sam Janesch (The Caucus) | Published: 1/11/2022
In May, GOP lawmakers who control the state House and Senate hired the chair of the Republican Party of Pennsylvania to represent them in legal matters at $575 an hour. Within three weeks, Lawrence Tabas and his law firm had charged the chambers more than $36,000 for 78 hours of work, records show. What Tabas did for the Legislature, however, is a mystery. Republican leaders redacted all details about his work from his contract and other public records, continuing a pattern of secrecy surrounding the Legislature’s agreements with private lawyers.
South Carolina – Will 2022 Be the Year for Ethics Reform in South Carolina?
Charleston Post and Courier – Avery Wilks | Published: 1/17/2022
Months after a newspaper investigation exposed how dozens of political officials across South Carolina get away with refusing to pay their ethics fines, state lawmakers appear to be taking action. A Senate committee will soon debate a proposal to ban such officials from seeking reelection unless they pay their penalties, an effort to make politicians take the state’s ethics laws, and the watchdog that enforces them, more seriously. It is one of more than two dozen good government bills lawmakers could consider as they begin their 2022 session.
South Dakota – Investigators Say South Dakota AG Was Untruthful About Crash
Yahoo News – Stephen Groves (Associated Press) | Published: 1/19/2022
Criminal investigators told South Dakota lawmakers they did not believe the state’s attorney general when he told them he never saw the body of the man he fatally struck in a crash in 2020. Investigators said they doubted Attorney General Jason Ravnsborg’s insistence, both in public and in law enforcement interviews, that he initially thought he hit an animal. A House committee is weighing whether Ravnsborg should face impeachment charges for his conduct. He pleaded no contest to a pair of misdemeanors last year and has said he did not realize he struck Joseph Boever until returning to the scene the next day.
Tennessee – Former Tennessee House Speaker Casada and Ex-Aide Subpoenaed Over Faith PAC
Yahoo News – Andy Sher (Chattanooga Times Free Press) | Published: 1/15/2022
The Tennessee Registry of Election Finance moved to subpoena former House Speaker Glen Casada in an effort to audit the Faith Family Freedom Fund, a PAC that spent $7,000 attacking an incumbent lawmaker in 2020. The registry also targeted Casada’s former chief of staff, Cade Cothren, and state Rep. Todd Warner. The fund’s treasurer, Sydney Friedopfer testified she opened the PAC at the request of Cothren, her then-boyfriend. The PAC was used to attack then-Rep. Rick Tillis in the GOP primary race with Warner.
Tennessee – State Officials Fine Nashville Council Member $360K for 36 Campaign Finance Violations
Yahoo News – Cassandra Stephenson (The Tennessean) | Published: 1/13/2022
Nashville Council member Jonathan Hall failed to file multiple mandatory campaign finance reports on time, or at all, during election cycles in 2018 and 2019, according to a letter from the Bureau of Ethics and Campaign Finance. The agency’s counsel, Lauren Topping, said the allegations span 36 individual violations. Of the reports that Hall’s campaign did file, some lack required donor and vendor information and itemized expenses. Some contain unexplained discrepancies deemed “troubling” by Assistant District Attorney General Brian Ewald. Hall is liable for $360,000 in civil penalties in the case.
Texas – Agriculture Commissioner Sid Miller’s Political Consultant Indicted on Charges of Theft, Bribery in Hemp License Scheme
Texas Tribune – Sneh Dey | Published: 1/18/2022
Todd Smith, a top political consultant to Texas Agriculture Commissioner Sid Miller, was indicted on felony charges of theft and commercial bribery related to taking money in exchange for state hemp licenses that are doled out through Miller’s office. Smith and others were accused of soliciting up to $150,000 to get an “exclusive” hemp license from the Department of Agriculture. Smith allegedly said $25,000 would be used for a public poll on hemp. A hemp license from the state costs $100, according to the arrest warrant.
Texas – Election Officials in Texas Reject Hundreds of Ballot Applications Under State;s New Voting Restrictions
MSN – Eugene Scott (Washington Post) | Published: 1/14/2022
Election officials in one of the most populous counties in Texas have rejected about half of the applications for ballots because of the state’s new voting restrictions enacted by Republicans last year. The clerk’s office in Travis County, the fifth-most-populous county and home to the capital of Austin, cited the law’s recent changes to identification requirements in rejecting about half of the 700 mail-in applications. Other county clerk’s offices in the state are also rejecting applications that fail to meet the new standard.
Virginia – Republican Anger, Progressive Concern Combine in Push to Ban Political Spending by Utilities
Virginia Mercury – Sarah Vogelsong and Graham Moomaw | Published: 1/18/2022
Legislative proposals to curb Virginia utilities’ political contributions may be gaining new traction in Richmond as old resentments over a 2015 utility rate freeze law combine with progressive Democrats’ skepticism of utility influence and Republican anger over Dominion Energy’s contributions to a shadowy PAC attacking Gov. Glenn Youngkin during the 2021 elections. Political contributions by utilities have been a hot-button issue in Virginia in recent years largely due to Dominion, the state’s largest electric utility and for many years the biggest corporate donor in state politics.
Virginia – Youngkin’s Cabinet Shares Ties to Fossil Fuels and Energy Companies
Center for Responsive Politics – Jimmy Cloutier | Published: 1/13/2022
Virginia Gov. Glenn Youngkin’s nomination of Andrew Wheeler to be his secretary of natural resources drew backlash from Democratic lawmakers and climate activists, who expressed concern about the onetime lobbyist’s ties to the coal industry and his environmental record under former President Trump. As secretary of natural resources, Wheeler would occupy the state’s top environmental post. Wheeler is not the only nominee or staff member in Youngkin’s incoming administration to share ties to fossil fuel companies and energy providers.
Washington DC – DC Pay-to-Play Law to Take Effect November 2022
JD Supra – Staff | Published: 1/18/2022
The District of Columbia’s long-awaited “pay-to-play” law will take effect on November 9, 2022, after over two years of delay. Under the law, certain entities and individuals will be prohibited from making political contributions to certain government officials. In general, the ban will affect those having or seeking business of $250,000 or more with the city government. The individuals covered generally include senior officers at covered entities.
Wisconsin – Wisconsin Clerks Rush to Rewrite Voting Instructions After Judge Rules Absentee Ballot Drop Boxes Are Illegal
Yahoo News – Patrick Marley (Milwaukee Journal Sentinel) | Published: 1/14/2022
Election clerks around Wisconsin scrambled to rewrite their instructions to voters after a judge ruled absentee ballot drop boxes are not allowed under state law. The ruling by Waukesha County Circuit Court Judge Michael Bohren is likely to be appealed, but for now, clerks are assuming the decision will remain in place. Bohren’s ruling also barred people from returning any absentee ballots other than their own. That means political groups cannot pick up ballots for voters, but also that people cannot return the ballots of their spouses, parents, or neighbors.
January 20, 2022 •
Thursday’s LobbyComply News Roundup
Campaign Finance National: “Ted Cruz Finds Friendly High Court Audience in Campaign Finance Challenge” by Kelsey Reichman for Courthouse News Service Montana: “Federal Judge Strikes Down Montana’s Clean Campaign Act” by Sam Wilson for Helena Independent Record Virginia: “Republican Anger, […]
Campaign Finance
National: “Ted Cruz Finds Friendly High Court Audience in Campaign Finance Challenge” by Kelsey Reichman for Courthouse News Service
Montana: “Federal Judge Strikes Down Montana’s Clean Campaign Act” by Sam Wilson for Helena Independent Record
Virginia: “Republican Anger, Progressive Concern Combine in Push to Ban Political Spending by Utilities” by Sarah Vogelsong and Graham Moomaw for Virginia Mercury
Washington DC: “DC Pay-to-Play Law to Take Effect November 2022” by Staff for JD Supra
Elections
Florida: “Records: Tallahassee strategist helped boost ghost candidates with dark money ad buy” by Samantha Gross (Miami Herald) for MSN
Ethics
National: “House Jan. 6 Committee Subpoenas Giuliani, Sidney Powell” by Jacqueline Alemany and Tom Hamburger (Washington Post) for MSN
Michigan: “Ex-Detroit Councilman André Spivey Gets 2-Year Sentence in Bribery Case” by Robert Snell and James David Dickson for Detroit News
New York: “N.Y. Attorney General Outlines Pattern of Possible Fraud at Trump Business” by Jonah Bromwich, Ben Protess, and William Rashbaum (New York Times) for MSN
Texas: “Agriculture Commissioner Sid Miller’s Political Consultant Indicted on Charges of Theft, Bribery in Hemp License Scheme” by Sneh Dey for Texas Tribune
Legislative Issues
National: “Legislatures Across Country Back Off Pandemic Protocols” by Sean Scully for Colorado Newsline
January 19, 2022 •
Wednesday’s LobbyComply News Roundup
Campaign Finance National: “How More Than $404 Million in Taxpayer Money Got Locked Away in a Forgotten Government Fund – and Lawmakers Won’t Spend It or Return It” by Dave Levinthal (Business Insider) for Yahoo News Massachusetts: “Lyft Makes Largest […]
Campaign Finance
National: “How More Than $404 Million in Taxpayer Money Got Locked Away in a Forgotten Government Fund – and Lawmakers Won’t Spend It or Return It” by Dave Levinthal (Business Insider) for Yahoo News
Massachusetts: “Lyft Makes Largest One-Time Political Donation in Massachusetts History, Fueling Gig Worker Ballot Fight” by Matt Stout (Boston Globe) for MSN
Elections
Florida: “Florida Governor Proposes Special Police Agency to Monitor Elections” by Lori Rozsa and Beth Reinhard (Washington Post) for MSN
Ethics
National: “ExxonMobil Aims to Use a Radical Texas Law to Silence Its Critics – in California” by Chris McGreal for Mother Jones
National: “Lawmakers Coming Under Increased Threats – Sometimes from One Another” by Rebecca Beitsch (The Hill) for Yahoo News
California: “Fired OC District Attorney’s Investigator Who Accused Todd Spitzer of Bribery Gets Job Back in Arbitration” by Tony Saavedra for Orange County Register
Ohio: “FirstEnergy Collected $460 Million from Customers; Auditor Unsure If It Was Spent on Bribes” by Jake Zuckerman for Ohio Capital Journal
South Carolina: “Will 2022 Be the Year for Ethics Reform in South Carolina?” by Avery Wilks for Charleston Post and Courier
January 18, 2022 •
Tuesday’s LobbyComply News Roundup
Campaign Finance Tennessee: “Former Tennessee House Speaker Casada and Ex-Aide Subpoenaed Over Faith PAC” by Andy Sher (Chattanooga Times Free Press) for Yahoo News Elections Colorado: “Grand Jury to Investigate Election Tampering Allegations in Mesa County” by Saja Hindi (Denver […]
Campaign Finance
Tennessee: “Former Tennessee House Speaker Casada and Ex-Aide Subpoenaed Over Faith PAC” by Andy Sher (Chattanooga Times Free Press) for Yahoo News
Elections
Colorado: “Grand Jury to Investigate Election Tampering Allegations in Mesa County” by Saja Hindi (Denver Post) for Canon City Daily Record
Texas: “Election Officials in Texas Reject Hundreds of Ballot Applications Under State;s New Voting Restrictions” by Eugene Scott (Washington Post) for MSN
Wisconsin: “Wisconsin Clerks Rush to Rewrite Voting Instructions After Judge Rules Absentee Ballot Drop Boxes Are Illegal” by Patrick Marley (Milwaukee Journal Sentinel) for Yahoo News
Ethics
National: “DirecTV Says It Will Sever Ties with Far-Right Network One America News” by Timothy Bella (Washington Post) for MSN
National: “Now with Senate Allies, Spanberger’s Legislation to Ban Members of Congress from Trading Stock Gains Traction” by Meagan Flynn (Washington Post) for MSN
Illinois: “‘They All Need Somebody That Does What I Do’; Unsealed affidavit reveals new details in Ald. Edward Burke corruption probe” by Jason Meisner (Chicago Tribune) for Yahoo News
Pennsylvania: “Pa. Legislature’s Redacted Legal Bills Flout Court Ruling, Leave Taxpayers Guessing” by Angela Couloumbis (Spotlight PA) and Sam Janesch (The Caucus) for Spotlight PA
January 17, 2022 •
Monday’s LobbyComply News Roundup
Campaign Finance National: “FEC Report Shows How National Party Committees Allegedly Blow Past Contribution Limits” by Isaac Stanley-Becker (Washington Post) for MSN California: “Tech Companies Spend Millions on California Political Gifts” by Don Thompson (Associated Press) for MSN Tennessee: “State […]
Campaign Finance
National: “FEC Report Shows How National Party Committees Allegedly Blow Past Contribution Limits” by Isaac Stanley-Becker (Washington Post) for MSN
California: “Tech Companies Spend Millions on California Political Gifts” by Don Thompson (Associated Press) for MSN
Tennessee: “State Officials Fine Nashville Council Member $360K for 36 Campaign Finance Violations” by Cassandra Stephenson (The Tennessean) for Yahoo News
Elections
Michigan: “Michigan Attorney General Refers Investigation into Fake Republican Electors to Federal Prosecutors” by Malachi Barrett for MLive.com
Ethics
National: “The Justice Dept. Alleged Jan. 6 Was a Seditious Conspiracy. Now Will It Investigate Trump?” by Matt Zapotosky, Josh Dawsey, Tom Hamburger, and Rachel Weiner (Washington Post) for MSN
Maryland: “Baltimore State’s Attorney Marilyn Mosby Indicted on Federal Charges She Lied on Financial Transactions to Buy Homes in Florida” by Justin Fenton (Baltimore Sun) for Yahoo News
Virginia: “Youngkin’s Cabinet Shares Ties to Fossil Fuels and Energy Companies” by Jimmy Cloutier for Center for Responsive Politics
Redistricting
Ohio: “Ohio Supreme Court Invalidates GOP-Approved Congressional Map ‘Infused with Undue Partisan Bias’” by Jessie Balmert and Laura Bischoff (Columbus Dispatch) for Yahoo News
January 14, 2022 •
News You Can Use Digest – January 14, 2022
National/Federal Gaetz’s Ex-Girlfriend Appears Before Grand Jury in Sex Trafficking Probe Seattle Times – Matt Zapotosky (Washington Post) | Published: 1/12/2022 The ex-girlfriend of U.S. Rep. Matt Gaetz appeared before a federal grand jury investigating him for possible sex trafficking of […]
National/Federal
Gaetz’s Ex-Girlfriend Appears Before Grand Jury in Sex Trafficking Probe
Seattle Times – Matt Zapotosky (Washington Post) | Published: 1/12/2022
The ex-girlfriend of U.S. Rep. Matt Gaetz appeared before a federal grand jury investigating him for possible sex trafficking of a minor, a signal the probe remains active more than a year after it began. Investigators are exploring whether Gaetz paid for sex in violation of federal sex-trafficking laws and have been interested in his dealings with a 17-year-old girl, people familiar with the matter have said. The appearance of his ex-girlfriend before a federal grand jury is a potentially ominous sign for Gaetz.
Jerome Powell Says the Fed Will Tighten Trading Rules After an Ethics Scandal
New York Times – Jeanna Smialek | Published: 1/11/2022
Jerome Powell, chairperson of the Federal Reserve, told lawmakers at his nomination hearing that the central bank was making changes to rules surrounding financial trades to prevent the kind of eyebrow-raising transactions surrounding three top Fed officials. The Fed has come under fire for allowing officials to trade securities for their own portfolios in 2020, a year in which the Fed was actively saving many asset classes and markets. That included notable trades by two of the 12 regional reserve bank presidents and the Fed’s vice chair.
Judge Mulls Whether Trump’s Silence on Jan. 6 Could Amount to ‘Agreement’ with Rioters
MSN – Josh Gerstein and Kyle Cheney (Politico) | Published: 1/10/2022
Donald Trump’s hours of silence while a violent mob ransacked the Capitol – egged on by his own words and tweets – could be plausibly construed as agreement with rioters’ actions, a federal judge suggested. U.S. District Court Judge Amit Mehta made the analysis as he pressed Trump’s lawyers about their efforts to dismiss a series of lawsuits against the former president seeking to hold him financially liable for inciting the January 6 insurrection.
Justice Dept. Forms New Domestic Terrorism Unit to Address Growing Threat
MSN – Matt Zapotosky and Devlin Barrett (Washington Post) | Published: 1/11/2022
The Justice Department is forming a new domestic terrorism unit. Matthew Olsen, head of the department’s National Security Division, announced the unit before the Senate Judiciary Committee, noting the number of FBI investigations of suspected domestic violent extremists – those accused of planning or committing crimes in the name of domestic political goals – had more than doubled since the spring of 2020. His testimony comes days after the anniversary of the riot at the Capitol, an event some lawmakers say showed the FBI underestimated the threat posed by domestic extremists and violence-prone members of far-right groups.
Kevin McCarthy Rejects Request by House Jan. 6 Committee for Information About Communications with Trump, Mark Meadows
MSN – Jacueline Alemany and Tom Hamburger (Washington Post) | Published: 1/12/2022
The House select committee investigating the January 6, 2021, attack on the U.S. Capitol requested that House Minority Leader Kevin McCarthy voluntarily provide information about his communications with former President Trump and White House Chief of Staff Mark Meadows. Details of those conversations could provide the committee with further insight into Trump’s state of mind at the time, wrote U.S. Rep. Bennie Thompson, the panel’s chairperson. McCarthy said he will not cooperate, arguing in a statement that its “only objective is to attempt to damage its political opponents.”
Pence and Jan. 6 Committee Engage in High-Stakes Dance Over Testimony
Yahoo News – Michael Schmidt and Alan Feuer (New York Times) | Published: 1/10/2022
Since the House select committee investigating the assault on the Capitol was formed last summer, former Vice President Mike Pence’s lawyer and the panel have been talking about whether he would be willing to speak to investigators. But as Pence began sorting through a complex calculation about his cooperation, he is said to have grown disillusioned with the idea of voluntary cooperation. For the committee, Pence’s testimony would be an opportunity to establish how Donald Trump’s pressuring him to block the certification of the 2020 election helped inspire the storming of the Capitol on January 6, 2021.
Rep. Jim Jordan Refuses to Cooperate with Jan. 6 Committee Investigating Capitol Attack
MSN – Annabelle Timsit (Washington Post) | Published: 1/10/2022
U.S. Rep. Jim Jordan is refusing a request to be interviewed by the House select committee investigating the January 6, 2021, attack on the U.S. Capitol by a pro-Trump mob, calling it an “unprecedented and inappropriate demand.” Jordan declined to comply with the request to appear before the panel to discuss his communication with Trump on the day of the assault. Jordan previously said he could not recall how many times he spoke with Trump on January 6 but they spoke at least once.
Schumer Sets Up Final Senate Confrontation on Voting Rights and the Filibuster
MSN – Mike DeBonis (Washington Post) | Published: 1/12/2022
Senate Majority Leader Charles Schumer prepared Democrats for the final phase of a year-long push to pass voting rights legislation, sketching out legislative maneuvers that could launch debate on a pair of stalled bills and force a confrontation over the Senate’s rules in the coming days. The details of the next steps come as President Biden has launched his own aggressive push to convince his fellow Democrats to band together and overhaul the filibuster to overcome strict GOP opposition to voting rights bills.
The Battle to Prevent Another Jan. 6 Features a New Weapon: The algorithm
MSN – Steven Zeitchik (Washington Post) | Published: 1/6/2022
For many Americans who witnessed the attack on the U.S. Capitol last year, the idea of mobs of people storming a bedrock of democracy was unthinkable. For the data scientists who watched it unfold, the reaction was different: we have been thinking about this for a long time. The sentiment comes from a group working in a field known as unrest prediction. The group takes a promising if fraught approach that applies the complex methods of machine-learning to the mysterious roots of political violence. Centered on the developing world, its systems are slowly being retooled with a new goal: predicting the next January 6.
When Lobbyists and Legislators Socialize, Lobbyists Are More Likely to Get What They Want
MSN – Sara Sadhwani, Pamela Lopez, Christian Grose, and Antoine Yoshinaka | Published: 1/12/2022
Lobbying often takes place off Capitol Hill. Whether it is dinner at the Charlie Palmer steakhouse in Washington, or the hosting of public officials at receptions and bars, lobbying in social situations is a key tool of professional advocates. To explore the impact of social lobbying, researchers conducted an experiment in the California Legislature. They say they found interest groups are more likely to get what they ask for when they meet legislators or their staff socially. Much like everyone else, public officials are more easily persuaded in such settings.
From the States and Municipalities
Arizona – Cyber Ninjas, the Firm Behind the Audit in Arizona’s Maricopa County, Says It’s Closing and Letting All Its Employees Go
Business Insider – Cheryl Teh | Published: 1/7/2022
Cyber Ninjas, the company behind the 2020 election audit in Maricopa County, Arizona, said it was closing and letting all its staff go as it faces staggering daily fines for refusing to turn over public record related to the audit. A judge in Arizona said Cyber Ninjas would be fined $50,000 a day if it did not immediately turn over the records. It is unclear how many employees Cyber Ninjas has on its payroll, though LinkedIn lists its company size as two to 10 employees.
California – Former High-Level Lawyer with L.A. City Attorney Agrees to Plead Guilty in DWP Scandal
MSN – Dakota Smith and David Zahniser (Los Angeles Times) | Published: 1/10/2022
A former high-level lawyer in Los Angeles City Attorney Mike Feuer’s office agreed to plead guilty in the federal corruption probe of the Department of Water and Power (DWP) billing debacle, becoming the first staffer under Feuer to do so. Thomas Pierce agreed to plead guilty to one count of aiding and abetting extortion. In his plea agreement, Pierce admitted he threatened to fire one of the city’s outside lawyers unless that lawyer paid off a person who was threatening to reveal damaging information about city lawyers’ handling of the DWP case.
California – What’s Behind the ‘Great Resignation’ of California Lawmakers?
MSN – Ben Christopher (CalMatters) | Published: 1/10/2022
Propelled by approaching term limits, new district lines, and a raft of political opportunities outside the state Capitol, 14 California lawmakers have sought employment elsewhere. That does not include the seven members, all senators, who are barred from seeking reelection in 2022 by term limits. Some incumbents and lobbyists say this year’s changing of the guard has the potential to shake up the Capitol’s policy-making dynamic.
Colorado – Mesa County Clerk Who Embraced Conspiracy Theories Given 3 Days to Accept Election Security Oversight
Denver Post – Saja Hindi | Published: 1/12/2022
Colorado Secretary of State Jena Griswold wants Mesa County Clerk and Recorder Tina Peters to sign documents saying she will comply with election security protocols that place limits on what she can do before Peters can resume her duties as the county’s designated election official. In October, a judge barred Peters and Deputy Clerk Belinda Knisley from overseeing the 2021 election. Peters has been held up as a prominent figure among election conspiracy theorists who claim the 2020 election was stolen.
Connecticut – Top Prosecutor’s Fate Will Await Completion of Investigation, Judge Says
Connecticut Mirror – Mark Pazniokas | Published: 1/12/2022
The commission with the power to hire and fire top prosecutors in Connecticut is awaiting completion of an investigation of how Chief State’s Attorney Richard Colangelo Jr. came to hire the daughter of a top state budget official while he lobbied the budget office for raises. Colangelo hired Anastasia Diamantis while he was lobbying her father, Kostantinos Diamantis, who was deputy secretary of the Office of Policy and Management before his firing. The state contracted with an outside attorney “to conduct a factual investigation on behalf of the Office of the Governor regarding possible improprieties by state employees and possibly others.”
Delaware – Jury Finds State Sen. Darius Brown Not Guilty of Misdemeanor Charges
Yahoo News – Xerxes Wilson (Delaware News Journal) | Published: 1/6/2022
A jury found Delaware Sen. Darius Brown not guilty of misdemeanor offensive touching and disorderly conduct. The trial saw a woman accuse Brown of hitting her in the head and throwing a glass that shattered in her proximity while they were at a restaurant. Senate President Pro Tempore David Sokola said regardless of whether Brown’s conduct was not criminal, “it remains clear” Brown has been involved in “multiple confrontations in public spaces” over the past year. Sokola said the Senate’s Rules and Ethics Committee will review allegations against Brown in the coming weeks.
Florida – Florida Officials Tried to Steer Education Contract to Former Lawmaker’s Company
Yahoo News – Lawrence Mower and Ana Ceballos (Tampa Bay Times) | Published: 1/11/2022
The Florida Department of Education is under fire for trying to steer a multimillion-dollar contract to a company whose chief executive has ties to the state’s education commissioner. Records and interviews show that before the Education Department asked for bids, it was already in advanced talks with the company to do the work, subverting a process designed to eliminate favoritism. The company is MGT Consulting, led by former lawmaker Trey Traviesa, a longtime colleague of the state’s education commissioner, Richard Corcoran.
Florida – Florida Senate Accuses Lawyer Who Submitted Redistricting Map of Violating Rules
Miami Herald – Mary Ellen Klas | Published: 1/6/2022
The Florida Senate accused a staff attorney for the ACLU of Florida of misinformation after he appeared as a private citizen before a redistricting committee to present a map he had drawn but failed to identify his employer, which had no role in the submission. The Senate changed its rules this year regarding map submissions and now requires anyone who attempts to address legislators in a public meeting to submit a disclosure form that indicates if they are a lobbyist or getting expenses paid. The rules also prohibit lawmakers from considering maps submitted by the public unless a legislator explicitly requested the map in writing.
Florida – FPL Makes Unusual Public Attack on Miami Herald After Solar Power Coverage
MSN – David Ovalle (Miami Herald) | Published: 1/6/2022
Florida Power & Light (FPL) launched an unusual public attack on The Miami Herald and its senior Tallahassee reporter over coverage of the utility company’s lobbying on solar power policy, criticism the newspaper’s top editor called “unfair.” FPL published a piece on its own website criticizing the news organization for not publishing the entirety of an editorial written in response to a Miami Herald story co-authored by Mary Ellen Klas about the company’s role in preparing legislation affecting rooftop solar power generation in Florida. FPL’s post was titled: “Truth Matters: Why is the Miami Herald afraid to let its readers hear opposing voices?”
Georgia – Perdue Sues Over New Georgia Fundraising Law
Yahoo News – Joseph Coi (The Hill) | Published: 1/6/2022
David Perdue’s gubernatorial campaign filed a lawsuit challenging a state law that critics say gives Georgia Gov. Brian Kemp an advantage in the race. Last year, Kemp signed Senate Bill 221 into law, allowing those vying for governor, lieutenant governor, and party leadership roles to create “leadership committees” with no caps on individual campaign contributions. The law also does away with limits on when committees can raise money. Critics have argued it gives incumbent candidates an unfair advantage, as nonincumbent candidates must win a party primary before they can establish a leadership committee.
Idaho – Idaho Statehouse Security: Is the ‘people’s house’ a safe place for the people?
KPVI – Clark Corbin (Idaho Capital Sun) | Published: 1/9/2022
Political organizer Alicia Abbott worries that members of the public will not feel comfortable or safe at the Idaho Capitol, whether it is due to the anger or crowds or lack of COVID-19 protocols like masking and distancing. She is concerned that would rob people of their ability to participate in the legislative process and could limit the perspective of public testimony presented to lawmakers during bill hearings. Abbott is not the only one who is worried about the potential for violence and politics to clash.
Iowa – Republican Leadership Bars Journalists from Iowa Senate Floor, Worrying Press Advocates
MSN – Kim Bellware (Washington Post) | Published: 1/8/2022
Republican leaders in the state Senate told journalists they will no longer be allowed to work on the chamber floor, a change that breaks with a more than 140-year tradition in the Iowa Capitol. The move raised concerns among free press and freedom of information advocates who said it is a blow to transparency and open government that makes it harder for the public to understand, let alone scrutinize, elected officials. The new rule denies reporters access to the press benches near senators’ desks, a proximity that statehouse reporters said is crucial for the most accurate coverage.
Kentucky – Senate Bill Would Block State Contracts If Bidders’ Lobbyists Are Convicted of Crimes
Yahoo News – John Cheves (Lexington Herald-Leader) | Published: 1/10/2022
A Kentucky Senate bill would block state contracts from going to companies for five years after their lobbyists are convicted of crimes related to helping those companies win those contracts. If the language in Senate Bill 46 sounds specific, that is because the sponsor has in mind a particular contract and a particular lobbyist and particular crimes. Sen. Stephen Meredith said he objects to a $51.7 million contract renewal awarded by the Kentucky Personnel Cabinet in 2020 to Cannon Cochran Management Services.
Maryland – Howard County Council Member Outraged by Denial of Matching Campaign Funds, Calling It Political Manipulation
MSN – Katie Long (Baltimore Sun) | Published: 1/12/2022
A technicality in the law resulted in Howard County candidates being denied matching campaign funds this election season. To be eligible for up to $85,000 in matching funds, county council candidates must collect at least $10,000 from at least 125 donations. These funds are only available for candidates in contested races, meaning at least two candidates’ names must appear on the ballot. The rules also state the determination date for when a race is “contested” is six months prior to the state filing deadline. This language is what resulted in the withholding of funds from council member Deb Jung.
Michigan – Judge Tosses GOP Challenge to Exception for Recall Donations
MSN – David Eggers (Associated Press) | Published: 1/6/2022
A federal judge dismissed Republicans’ lawsuit challenging the ability of Michigan Gov. Gretchen Whitmer’s reelection campaign to collect excess donations under an exception for recall attempts, saying they lack the standing to sue. U.S. District Court Judge Janet Neff ruled state GOP Chairperson Ron Weiser and the party failed to show they had suffered a “concrete and particularized injury.” She also said they could have given unlimited amounts to recall committees opposing the Democratic governor but did not. Republicans said they would appeal.
Montana – Montana Conservation Voters Action Fund Facing Fine for Campaign Finance Violations
Helena Independent Record – Nolan Lister | Published: 1/12/2022
Montana Conservation Voters Action Fund is facing a fine for failing to file reports on its spending in municipal elections in Helena, Missoula, and Billings last year. As a registered political committee, the group is permitted to engage in these actions. But it failed to report its expenses as required. “Unfortunately, our vendor failed to submit the required reports related to our work …,” said Jake Brown, the organization’s political director.
New Mexico – New Mexico Ethics Commission to Consider Charges Against Dow
Yahoo News – Robert Nott (Santa Fe New Mexican) | Published: 1/10/2022
The general counsel for the State Ethics Commission recommended a public hearing to determine whether New Mexico Rep. Rebecca Dow, a GOP candidate for governor in the June primary, violated government conduct and financial disclosure rules in connection with her work for a nonprofit she founded, AppleTree Educational Center, a faith-based early childhood education provider. A complaint raised questions about whether Dow accurately disclosed details about her position and salary with AppleTree. It also said there is evidence she may have used her legislative position to advocate for the nonprofit.
New Mexico – Public Financing the Common Factor for Winners of ABQ Campaigns in 2021
Albuquerque Journal – Jessica Dyer | Published: 1/9/2022
Whether Republican or Democrat, incumbent or political newcomer, every candidate who won a position in Albuquerque’s municipal government during the 2021 election cycle had at least one thing in common: all ran for office on the city’s public financing system. But the program that has fueled so many recent election wins also continues to fuel controversy and doubt.
New York – Cuomo Lawyer Fires Warning at Ethics Agency
Albany Times Union – Chris Bragg | Published: 1/12/2022
An attorney representing former Gov. Andrew Cuomo notified New York’s ethics oversight panel that it is to preserve “all evidence and documentation” concerning its efforts to force Cuomo to repay $5.1 million in proceeds from a 2020 book deal. The letter appears to be a warning shot to the Joint Commission on Public Ethics that if the panel continues attempts to force Cuomo to repay the funds that he earned from writing the book, Cuomo will sue. Cuomo will also seek to dig into the panel’s own machinations.
New York – Eric Adams Cuts His Brother’s Duties After Giving Him Top Police Job
New York Times – Dana Rubenstein and William Rashbaum | Published: 1/12/2022
When Mayor Eric Adams named a Virginia parking administrator and retired police sergeant to a top position in the New York Police Department, he said the man had one qualification that no one else there possessed: he was the mayor’s brother. Bernard Adams, 56, a former police sergeant who retired from the force in 2006 after 20 years, has been given one of the most elite jobs in city government: overseeing the unit that will protect the mayor’s physical safety. The mayor’s fundraising tactics have, tested the boundaries of campaign finance and law, and the hiring has amplified concerns that Mayor Adams pays too little heed to ethics.
New York – GOP Sues Over Law Letting Noncitizens Vote in NYC Elections
MSN – Marina Vileneuve (Associated Press) | Published: 1/10/2022
Republicans sued to prevent noncitizens from voting in New York City elections under a new local law that allows more than 800,000 noncitizens and “Dreamers” in New York City to vote in municipal elections as early as next year. They still cannot vote for president or members of Congress or in statewide elections. Republicans said the law violates the state constitution, which says, “every citizen shall be entitled to vote at every election” provided a citizen is at least 18 years old and a “resident of this state” and the locality for 30 days before an election.
New York – Hochul Moves to Scrap Much-Criticized Ethics Agency
Buffalo News – Tom Precious | Published: 1/7/2022
New York Gov. Kathy Hochul proposed reforms for the Joint Commission on Public Integrity (JCOPE). She would get rid of the system by which JCOPE board members are selected. Board members are now chosen by the governor and legislative leaders. Hochul wants a rotating five-member panel of law school deans – or, more likely, their designees – from the 15 state-accredited law schools in New York. Hochul also would scrap the special voting system JCOPE can now employ in which a minority of members can end an investigation. The reconstituted agency would still be the reporting and enforcement entity of the lobbying industry in Albany.
New York – Hochul’s Taxpayer-Funded Air Travel May Violate Ethics Rules
Albany Times Union – Chris Bragg | Published: 1/6/2022
On October 4, Gov. Kathy Hochul flew from Albany to New York City on a state-owned airplane. She went to Brooklyn to sign a bill, then held three campaign-related events before flying back to Albany in the evening. Although a major part of the day was dedicated to Hochul winning a full term in November’s election, her campaign did not reimburse taxpayers for any portion of the day’s travel. During Hochul’s first 45 days in office, on at least three separate days, the governor’s use of state aircraft has raised questions about whether there has been any misuse of taxpayer resources, according to a review of public records.
North Carolina – North Carolina Court Declines to Toss Out GOP-Drawn House Map
Yahoo News – Ally Mutnick (Politico) | Published: 1/11/2022
A North Carolina trial court dealt a setback to Democrats when it declined to strike down Republican-drawn congressional and legislative maps that had been challenged as illegal partisan gerrymanders. The ruling is the latest in a flurry of litigation and court orders muddying North Carolina’s 2022 elections and leaving its political future for the next decade in limbo. The Democratic-aligned plaintiffs who brought the suit immediately said they will appeal to the state Supreme Court, where their party has a narrow majority.
Ohio – Campaign Finance Watchdog Sues FEC Over Ohio Dark Money Group
Ohio Capital Journal – Nick Evans | Published: 1/11/2022
Two years ago, Citizens for Responsibility and Ethics in Washington (CREW) filed an FEC complaint against an Ohio-based “dark money” group called Freedom Vote. Attorneys with the FEC investigated and demonstrated violations occurred but the commission deadlocked. CREW has filed a new complaint, this time against the FEC itself. That is because despite an overwhelming set of evidence, commissioners failed to act against Freedom Vote. The commission deadlocked last November on whether to move forward with any kind of punishment.
Ohio – Ohio’s House Bill 6 Scandal Widened in 2021, but More Is Yet to Come in 2022
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 12/30/2021
Ohio’s House Bill 6 scandal took on a new dimension in 2021, with FirstEnergy Corp. paying a $230 million fine for bribing top state officials, lawmakers passing a partial repeal of the infamous energy law, and ex- House Speaker Larry Householder being kicked out of the Legislature. There is more to come in 2022, as Householder’s upcoming trial on a federal corruption charge, as well as multiple civil lawsuits, are likely to reveal even more scandalous details about the passage of the legislation.
Oregon – Secretary of State Rules Kristof Ineligible to Run for Oregon Governor
Yahoo News – Connor Radnovich (Salem Statesman-Journal) | Published: 1/6/2022
Former New York Times columnist Nicholas Kristof cannot run for Oregon governor because he does not meet the residency requirements to hold office, the secretary of state’s office announced. The state constitution requires a candidate for governor to have been a “resident within this state” for three years prior to the general election. Evidence reviewed by elections officials showed Kristof was instead a resident of New York until late 2020 or early 2021.
Tennessee – Nashville Council Member Jonathan Hall Faces 14 Potential Campaign Finance Violations
MSN – Cassandra Stephenson (The Tennessean) | Published: 1/7/2022
Metropolitan Councilperson Jonathan Hall faces more than a dozen potential campaign finance violations that could lead to an audit or civil penalties. Hall failed to file multiple mandatory financial reports on time, or at all, during election cycles in 2018 and 2019, according to a letter sent from Bureau of Ethics and Campaign Finance Executive Director Bill Young. Of the financial reports that Hall’s campaign did file, some lack required donor and vendor information and itemization of expenses. Some contain unexplained discrepancies deemed “troubling” by Assistant District Attorney General Brian Ewald.
Washington – A Rural Washington School Board Race Shows How Far-Right Extremists Are Shifting to Local Power
Seattle Times – Hannah Allam (Washington Post) | Published: 1/8/2022
In recent years, far-right groups have been moving away from national organizing to focus on building grassroots support, harnessing conservative outrage to influence school boards and other local offices. That effort was stepped up after the attack on the U.S. Capitol left much of the militant right under federal scrutiny and in operational disarray. Eatonville, Washington, is among several rural, conservative parts of the West where members of self-styled militias are making inroads through what researchers call a mix of opportunism and intimidation.
Wisconsin – Supreme Court Clears Way for Liberal Group to Depose Assembly Speaker Robin Vos
Yahoo News – Patrick Marley (Milwaukee Journal Sentinel) | Published: 1/11/2022
The Wisconsin Supreme Court ended Assembly Speaker Robin Vos’ attempt to avoid a deposition, setting the stage for him to take questions under oath over whether he has followed the state’s open records law. He sought to avoid answering questions from the liberal group American Oversight, which has been seeking records of a partisan review of the 2020 election ordered by Vos.
January 13, 2022 •
Thursday’s LobbyComply News Roundup
Campaign Finance Maryland: “Howard County Council Member Outraged by Denial of Matching Campaign Funds, Calling It Political Manipulation” by Katie Long (Baltimore Sun) for MSN Ohio: “Campaign Finance Watchdog Sues FEC Over Ohio Dark Money Group” by Nick Evans for […]
Campaign Finance
Maryland: “Howard County Council Member Outraged by Denial of Matching Campaign Funds, Calling It Political Manipulation” by Katie Long (Baltimore Sun) for MSN
Ohio: “Campaign Finance Watchdog Sues FEC Over Ohio Dark Money Group” by Nick Evans for Ohio Capital Journal
Tennessee: “Nashville Council Member Jonathan Hall Faces 14 Potential Campaign Finance Violations” by Cassandra Stephenson (The Tennessean) for MSN
Elections
Arizona: “Cyber Ninjas, the Firm Behind the Audit in Arizona’s Maricopa County, Says It’s Closing and Letting All Its Employees Go” by Cheryl Teh for Business Insider
Colorado: “Mesa County Clerk Who Embraced Conspiracy Theories Given 3 Days to Accept Election Security Oversight” by Saja Hindi for Denver Post
Legislative Issues
Wisconsin: “Supreme Court Clears Way for Liberal Group to Depose Assembly Speaker Robin Vos” by Patrick Marley (Milwaukee Journal Sentinel) for Yahoo News
Lobbying
National: “When Lobbyists and Legislators Socialize, Lobbyists Are More Likely to Get What They Want” by Sara Sadhwani, Pamela Lopez, Christian Grose, and Antoine Yoshinaka for MSN
Redistricting
North Carolina: “North Carolina Court Declines to Toss Out GOP-Drawn House Map” by Ally Mutnick (Politico) for Yahoo News
January 12, 2022 •
Wednesday’s LobbyComply News Roundup
Elections New York: “GOP Sues Over Law Letting Noncitizens Vote in NYC Elections” by Marina Vileneuve (Associated Press) for MSN Washington: “A Rural Washington School Board Race Shows How Far-Right Extremists Are Shifting to Local Power” by Hannah Allam (Washington […]
Elections
New York: “GOP Sues Over Law Letting Noncitizens Vote in NYC Elections” by Marina Vileneuve (Associated Press) for MSN
Washington: “A Rural Washington School Board Race Shows How Far-Right Extremists Are Shifting to Local Power” by Hannah Allam (Washington Post) for Seattle Times
Ethics
National: “Justice Dept. Forms New Domestic Terrorism Unit to Address Growing Threat” by Matt Zapotosky and Devlin Barrett (Washington Post) for MSN
National: “Judge Mulls Whether Trump’s Silence on Jan. 6 Could Amount to ‘Agreement’ with Rioters” by Josh Gerstein and Kyle Cheney (Politico) for MSN
New Mexico: “New Mexico Ethics Commission to Consider Charges Against Dow” by Robert Nott (Santa Fe New Mexican) for Yahoo News
New York: “Hochul’s Taxpayer-Funded Air Travel May Violate Ethics Rules” by Chris Bragg for Albany Times Union
Lobbying
Kentucky: “Senate Bill Would Block State Contracts If Bidders’ Lobbyists Are Convicted of Crimes” by John Cheves (Lexington Herald-Leader) for Yahoo News
Procurement
Florida: “Florida Officials Tried to Steer Education Contract to Former Lawmaker’s Company” by Lawrence Mower and Ana Ceballos (Tampa Bay Times) for Yahoo News
January 11, 2022 •
Tuesday’s LobbyComply News Roundup
Campaign Finance New Mexico: “Public Financing the Common Factor for Winners of ABQ Campaigns in 2021” by Jessica Dyer for Albuquerque Journal Ethics National: “Rep. Jim Jordan Refuses to Cooperate with Jan. 6 Committee Investigating Capitol Attack” by Annabelle Timsit […]
Campaign Finance
New Mexico: “Public Financing the Common Factor for Winners of ABQ Campaigns in 2021” by Jessica Dyer for Albuquerque Journal
Ethics
National: “Rep. Jim Jordan Refuses to Cooperate with Jan. 6 Committee Investigating Capitol Attack” by Annabelle Timsit (Washington Post) for MSN
National: “Fed Ethics Scandal Reignited Over New Disclosures by Top Official” by Victoria Guida (Politico) for Yahoo News
Florida: “FPL Makes Unusual Public Attack on Miami Herald After Solar Power Coverage” by David Ovalle (Miami Herald) for MSN
Iowa: “Republican Leadership Bars Journalists from Iowa Senate Floor, Worrying Press Advocates” by Kim Bellware (Washington Post) for MSN
New York: “NYC Mayor Adams Appoints Younger Brother as Deputy NYPD Commissioner in Move That Raises Conflict-of-Interest Questions” by Rocco Parascandola, Tim Balk, Chris Sommerfeldt, and Shant Shahrigian (New York Daily News) for MSN
Legislative Issues
California: “What’s Behind the ‘Great Resignation’ of California Lawmakers?” by Ben Christopher (CalMatters) for MSN
Idaho: “Idaho Statehouse Security: Is the ‘people’s house’ a safe place for the people?” by Clark Corbin (Idaho Capital Sun) for KPVI
January 10, 2022 •
Monday’s LobbyComply News Roundup
Campaign Finance Georgia: “Perdue Sues Over New Georgia Fundraising Law” by Joseph Choi (The Hill) for Yahoo News Michigan: “Judge Tosses GOP Challenge to Exception for Recall Donations” by David Eggers (Associated Press) for MSN Elections Oregon: “Secretary of State […]
Campaign Finance
Georgia: “Perdue Sues Over New Georgia Fundraising Law” by Joseph Choi (The Hill) for Yahoo News
Michigan: “Judge Tosses GOP Challenge to Exception for Recall Donations” by David Eggers (Associated Press) for MSN
Elections
Oregon: “Secretary of State Rules Kristof Ineligible to Run for Oregon Governor” by Connor Radnovich (Salem Statesman-Journal) for Yahoo News
Ethics
National: “The Battle to Prevent Another Jan. 6 Features a New Weapon: The algorithm” by Steven Zeitchik (Washington Post) for MSN
Delaware: “Jury Finds State Sen. Darius Brown Not Guilty of Misdemeanor Charges” by Xerxes Wilson (Delaware News Journal) for Yahoo News
New York: “Hochul Moves to Scrap Much-Criticized Ethics Agency” by Tom Precious for Buffalo News
Ohio: “Ohio’s House Bill 6 Scandal Widened in 2021, but More Is Yet to Come in 2022” by Jeremy Pelzer (Cleveland Plain Dealer) for MSN
Redistricting
Florida: “Florida Senate Accuses Lawyer Who Submitted Redistricting Map of Violating Rules” by Mary Ellen Klas for Miami Herald
January 7, 2022 •
News You Can Use Digest – January 7, 2021
National/Federal Bureau of Prisons Director to Resign After Scandal-Plagued Tenure During Pandemic MSN – Brian Pietsch and Matt Zapotosky (Washington Post) | Published: 1/6/2022 Michael Carvajal, the director of the U.S. Bureau of Prisons whose tenure at the agency was marred […]
National/Federal
Bureau of Prisons Director to Resign After Scandal-Plagued Tenure During Pandemic
MSN – Brian Pietsch and Matt Zapotosky (Washington Post) | Published: 1/6/2022
Michael Carvajal, the director of the U.S. Bureau of Prisons whose tenure at the agency was marred by scandals and pandemic-induced struggles, will resign after nearly two years in the top position. In November, U.S. Sen. Richard Durbin called on Attorney General Merrick Garland to fire Carvajal after an investigation by the Associated Press found the Bureau of Prisons was a “hotbed of abuse, graft, and corruption [that] has turned a blind eye to employees accused of misconduct.”
Complaint Could Roil DOJ Foreign-Agent Prosecutions
Yahoo News – Josh Gerstein (Politico) | Published: 12/31/2021
A new legal ethics complaint from a businessperson charged in a prosecution involving unregistered foreign lobbying threatens to roil two major cases in the Justice Department’s effort to crack down on foreign influence in the U.S. political system. The complaint was filed with the Justice Department on behalf of Nickie Lum Davis. The submission alleges Public Integrity Section Principal Deputy Chief John Keller acted unethically by negotiating a plea deal with Davis’ attorney at the time, Abbe Lowell, while Keller was investigating Lowell in a separate inquiry into what a judge called a “bribery for pardon” probe.
Ethics Investigators in Congress Increasingly Run into Walls
San Juan Daily Star – Luke Broadwater (New York Times) | Published: 12/30/2021
As U.S. House ethics investigators were examining four cases this fall detailing a sweeping array of improper financial conduct by lawmakers, they ran into an obstacle: two of the lawmakers under scrutiny refused to meet with them or provide documents. The investigators were not surprised. Over the past decade, fewer and fewer House members have been willing to cooperate with congressional investigations, a development that ethics experts warn could reduce accountability for misdeeds and erode trust in the institution of Congress.
Facebook Groups Topped 10,000 Daily Attacks on Election Before Jan. 6, Analysis Shows
Anchorage Daily News – Craig Silverman, Craig Timberg, Jeff Kao, and Jeremy Merrill (Washington Post) | Published: 1/4/2022
Facebook groups swelled with at least 650,000 posts attacking the legitimacy of Joe Biden’s victory between Election Day and the January 6 siege of the U.S. Capitol, with many calling for executions or other political violence. The barrage, averaging at least 10,000 posts a day, turned the groups into incubators for the baseless claims supporters of then-President Trump voiced as they stormed the Capitol, demanding he get a second term. Many posts portrayed Biden’s election as the result of widespread fraud that required extraordinary action, including the use of force, to prevent the nation from falling into the hands of traitors.
Fear, Anger and Trauma: How the Jan. 6 attack changed Congress
MSN – Paul Kane, Mariana Sotomayor, and Jacqueline Alemany (Washington Post) | Published: 1/3/2022
A year after the insurrection at the U.S. Capitol, the House of Representatives can still look like a crime scene. Five metal detectors ring the outer doors to prevent weapons from getting onto the chamber floor. The trauma and fear from last year’s attack continue throughout the Capitol. Some lawmakers and staff continue to receive help from counselors to deal with post-traumatic stress. Shouting matches are common occurrences, with the potential for actual physical confrontation lingering. Interviews revealed a Congress that remains on edge and where worries about more violence are front of mind for many.
Garland: DOJ will hold those responsible for Jan. 6 riot accountable, whether they were present or committed other crimes
MSN – Matt Zapotosky and Devlin Barrett (Washington Post) | Published: 1/5/2022
Attorney General Merrick Garland vowed to hold all those responsible for the January 6 riot accountable, whether they were at the Capitol or committed other crimes surrounding the day’s events, saying investigators are methodically building more complicated and serious cases and would prosecute people “at any level.” Garland’s remarks came as he faces pressure to do and say more about the investigation, and to focus more acutely on the actions of former President Trump and his associates.
GOP Election Reviews Face Battleground State Legal Tests
Yahoo News – Zach Montellaro (Politico) | Published: 1/6/2022
Republicans running partisan reviews of the 2020 election results and Democrats trying to stop them are barreling toward court showdowns in two key swing states. Republican-led legislative chambers in Pennsylvania and Wisconsin are still forging ahead with investigations similar to earlier efforts in states such as Arizona, looking for evidence of fraud or other malfeasance in the vote. Election experts have warned that the reviews are a political vehicle for former President Trump and his followers to launder their conspiratorial beliefs about his loss into the mainstream under the guise of government investigation.
House Panel Asks Sean Hannity of Fox News to Cooperate in Jan. 6 Inquiry
New York Times – Michael Grynbaum and Luke Broadwater | Published: 1/4/2022
The House committee investigating the January 6 attack on the U.S. Capitol has requested that Sean Hannity, the Fox News host, respond to questions about his communications with former President Donald Trump and his staff in the days surrounding the riot. The committee detailed a series of text messages between the conservative host and senior officials in the Trump White House, illustrating Hannity’s unusually elevated role as an outside adviser to the administration. The texts suggest Hannity was aware of, and concerned about, what Trump was planning for January 6, and bracing for a possible mass resignation of top White House lawyers as a result.
Jan. 6 Committee Slams Trump Bid for Supreme Court Detour on Records Subpoena
Courthouse News Service – Kelsey Reichmann | Published: 12/30/2021
The committee investigating the January 6 riot at the U.S. Capitol urged the Supreme Court to deny a last-ditch effort from former President Trump to block congressional oversight of his records from the day. The opposition brief notes it was Trump who invited his supporters to the nation’s capital for an event and then encouraged them to march on the Capitol building, after the failure of his other efforts to overturn the 2020 election. Pointing to the landmark 1977 case that forced disclosure of the Nixon tapes, the committee contends Trump has only personal disagreement with the accurate application of precedent by the lower courts.
Nonfungible Tokens the New Fad for Campaign Fundraising
MSN – Gopal Ratnam (Roll Call) | Published: 1/4/2022
Some candidates are offering nonfungible tokens (NFTs) as part of their campaign fundraising. NFTs are a type of digital asset that may include things like posters, book covers, and sports cards and are identified by a unique code. Unlike cryptocurrencies, NFTs cannot be used in commercial transactions. Just as candidates seeking to raise money have always tapped into the hype of new technologies, the fascination with NFTs may be driven by its novelty, said Josh White of Vanderbilt University. If candidates allow donors to pay for NFTs using cryptocurrency, then it could open the door to campaign contributions from unknown donors, White said.
PAC Giving Continues to Give Some Companies Pause
MSN – Kate Ackley (Roll Call) | Published: 1/5/2022
After the violent attack on the Capitol one year ago, dozens of corporate PACs made the unusual move of turning off their political donations. Most resumed their giving within months. But a few will withhold donations to the 147 Republican members of Congress who voted against certifying Joe Biden’s victory in the Electoral College, at least through the 2022 midterm election cycle. The companies may be relying on other avenues of political influence, such as outside lobbyists to build connections with those members and their aides.
They Stormed the Capitol. Now They’re Running for Office.
Politico – Brittany Gibson | Published: 1/5/2022
The Jan. 6 storming of the Capitol is remembered as one of the darkest and most shameful episodes in American history. But at least 57 individuals who played a role in that day’s events – either by attending the rally that preceded the riots, gathering at the Capitol steps, or breaching the Capitol itself – are now running for elected office. Rather than disqualifying them from public service, the events appear to have served as a political springboard for dozens of Republicans who will be on the ballot this year for federal, state, and local offices.
Twitter Permanently Suspends Rep. Marjorie Taylor Greene’s Personal Account Over Covid-19 Misinformation
Yahoo Finance – Yelena Dzhanova and John Dorman (Business Insider) | Published: 1/2/2022
Twitter permanently suspended U.S. Rep. Marjorie Taylor Greene’s personal account for spreading COVID-19 misinformation. Only weeks after assuming office, Greene was stripped of her committee assignments, an extraordinary move taken by the Democratic-controlled House after Greene promoted a range of conspiracy theories and endorsed political violence on social media.
From the States and Municipalities
Alabama – 2-Week Campaign Fundraising ‘Blackout’ Starts Tuesday
Alabama Daily News – Mary Shell | Published: 1/6/2022
January 11 is the start of the legislative session in Alabama and a short “blackout” window in which candidates for state office cannot raise funds while lawmakers are meeting in Montgomery. In theory, the window keeps sitting legislators from accepting money while they are voting on bills. In practice, it now only covers about two of the possible 15 weeks of session. “It’s just stupid,” Rep. Mike Ball, chairperson of the House Ethics and Campaign Finance Committee, said about the blackout.
Alaska – Alaska Legislative Ethics Committee Tells Eagle River Lawmaker to Stop Blocking Critics on Facebook
Anchorage Daily News – James Brooks | Published: 12/27/2021
An Alaska legislative ethics committee concluded Sen. Lora Reinbold violated state law by blocking a critic from commenting on her legislative Facebook page. In part because the Legislature has not updated its social media policies since 2011, the committee recommended no punishment. The complaint was filed by Rick Sinnott, a retired Fish and Game biologist who challenged Reinbold’s statements about COVID-19 but saw those comments removed and himself banned from her page.
Arizona – Arizona Secretary of State’s Online Signature-Gathering System Breaks After Redistricting
Tucson Sentinel – Jeremy Duda (Arizona Mirror) | Published: 1/5/2022
Voters who want to sign online petitions and the candidates who need those signatures to get their names on the ballot this November are being thwarted by a glitch in the Arizona secretary of state’s system caused by the redistricting process. In counties that are overseeing springtime municipal elections, the glitch likely will not be fixed until nearly the deadline for candidates to file signatures so they can appear on the ballot.
Arizona – GOP Officials in Arizona’s Largest County Confirm 2020 Election Was Secure in Rebuttal to Trump Claims
MSN – Rosalind Helderman (Washington Post) | Published: 1/5/2022
The November 2020 election in Arizona’s largest county was administered properly and not marred by fraud, the Republican-led local government concluded in a report. The document debunks, one by one, vague allegations of potential problems previously identified by the GOP-led state Senate and championed by former President Trump and his allies. Maricopa County officials said the rebuttal, released on the eve of the anniversary of the January 6 attack on the U.S. Capitol, was intended to highlight the ongoing dangers of unfounded claims of mass election fraud.
California – San Diego Publishes a Beginner’s Guide to Participating in City Lawmaking
San Diego Union Tribune – Morgan Cook | Published: 12/31/2021
Do you want to get involved in making and changing laws in San Diego, but are not sure how? There is a brochure for that. The city created “Making a Difference: A Beginners Guide to Affecting Municipal Laws in the City of San Diego” to help residents participate in local government. The pamphlet is available on the city clerk’s website. Included in the guide is information about lobbying rules, making public comments at council and committee meetings, and suggesting ballot proposals.
Colorado – Failed Colorado Congressional Candidates Still Have Lots of Campaign Money. Here’s Why.
Durango Herald – Jesse Paul and Sandra Fish (Colorado Sun) | Published: 12/28/2021
When U.S. Sen. Cory Gardner of Colorado lost his 2020 reelection bid, his campaign still had $1.2 million in the bank. Nearly a year later, most of the money was still there. Gardner’s leftover campaign cash is not unusual, however. When a candidate ends a congressional bid, they can choose to close their accounts or keep the money with an eye toward the future and sometimes another campaign, which the dollars can be used toward. Political consultant Tyler Sandberg said there is no uniform reason campaigns keep their leftover cash. “But people don’t leave that money out there for no reason – there’s always a strategy behind it,” Sandberg said.
Delaware – New Law Could Give Campaign Finance Scofflaws a Big Break
MSN – Randall Chase (Associated Press) | Published: 12/27/2021
Delaware election officials have failed to act as mandated by law against candidates and committees who have not filed required campaign finance reports, but the scofflaws could escape liability under a new law that became effective January 1. Candidates and committees owed more than $623,000 in fines for failing to file campaign finance reports on time. The Department of Elections appears to have done little to collect the outstanding fines or to enforce the reporting requirements. The new law eliminates the mandatory $50 daily fine and instead says the commissioner “may” issue a citation.
Delaware – Sen. Darius Brown’s Criminal Trial Starts Wednesday After Misdemeanor Arrest in May
Yahoo News – Sarah Garland (Delaware News Journal) | Published: 1/5/2022
The trial of Delaware Sen. Darius Brown began in a case that has revealed inconsistencies in how lawmakers are treated and could end Brown’s legislative career. Delaware State Police charged Brown with offensive touching and disorderly conduct after police said the senator punched an acquaintance and threw a glass of water in a restaurant. In the General Assembly, Brown has faced multiple punishments for the arrest and a separate incident where he allegedly got into a verbal altercation with Rep. Melissa Minor-Brown. The Senate plans to conduct its first ethics inquiry in 35 years into Brown’s behavior.
Florida – Clearwater Art Exhibit Used Trash to Make a Point, Then Questions Arose
Yahoo News – Tracey McManus (Tampa Bay Times) | Published: 1/4/2022
Citizens can visit nine locations throughout Clearwater to see garbage transformed into art. Lina Teixeira, a city council candidate, organized the exhibit, in which she and eight others created artwork using cigarette butts, plastic bottles, and other trash that had been collected during a community-wide cleanup. But the project also created an ethical mess. Teixeira received a $6,000 grant from the Downtown Development Board. She said her portion covered a fraction of her costs to install and market the exhibit. “As a city council candidate, does her request to use city facilities as display sites represent a conflict of interest?” Clearwater cultural affairs coordinator Chris Hubbard asked City Attorney David Margolis in an email.
Florida – Gov. Ron DeSantis Moves Jacksonville News Conference After Protest and Handcuffing of Community Leader
Yahoo News – Dan Scanlan (Florida Times-Union) | Published: 1/4/2022
Florida Gov. Ron DeSantis had to make new arrangements for his recent news conference in Jacksonville after a handful of people protested and refused to leave the Duval County Department of Health building. Activist Ben Frazier was detained by officers after being warned he was trespassing if he would not leave as asked. He was handcuffed and escorted from his motorized wheelchair to a patrol vehicle. The governor’s staff said the event was private and for credentialed media only.
Florida – Miami-Dade Prosecutors Target Prominent Political Consultants in Sham Candidate Case
Bakersfield Californian – Samantha Gross, Ana Ceballos, and David Ovalle (Miami Herald) | Published: 1/5/2022
Prosecutors appear to be targeting prominent Republican and Democratic operatives in Florida for potential criminal charges stemming from a 2020 Miami-Dade County election scheme marked by sham candidates. The criminal case is focused on whether former Sen. Frank Artiles paid an auto-parts dealer who shared the same surname as the Democratic incumbent more than $40,000 to run as a no-party candidate in the race for Senate District 37 to “confuse voters and influence the outcome” of the 2020 election, according to his arrest affidavit.
Hawaii – Former Solar Executive Will Head Ethics Commission
Honolulu Civil Beat – Stewart Yerton | Published: 1/3/2022
Robert Harris, a former Sierra Club director and corporate lawyer, was selected executive director and general counsel of the Hawaii State Ethics Commission. For the past eight years, Harris has been the director of public policy at Sunrun, a solar energy company.
Illinois – As Federal Case Still Orbits Madigan, What’s Next for the ComEd Bribery Probe?
Bloomington Pantagraph – Jason Meisner (Chicago Tribune) | Published: 1/3/2022
It is Illinois’ biggest federal corruption investigation in years, but the most remarkable thing about the Commonwealth Edison (ComEd) bribery probe in 2021 might be what did not happen. At the beginning of the year, Michael Madigan, the then-powerful House speaker whose grip on the General Assembly was exposed as “Public Official A” in the ComEd scandal and again in a postelection indictment of a key player and others alleging ComEd paid bribes to win his influence. With the grand jury investigation still open, 2022 is certain to bring more speculation over whether Madigan will ever be charged. He has repeatedly denied wrongdoing.
Indiana – These Special Interest Groups Spend the Most on Lobbying Indiana Lawmakers
Indianapolis Star – Tony Cook | Published: 1/3/2022
Special interests spent more than $115 million over the past five years on lobbying to influence the Indiana General Assembly. The biggest spenders have a deeply vested financial interest in what happens at the Capitol. The biggest spender was telecommunications giant AT&T. The phone and internet service provider spent more than $1.7 million on lobbying over the past five years.
Kentucky – Convicted Former Top KY Democrat Makes a Case for U.S. Supreme Court Consideration
Lexington Herald-Leader – Austin Horn | Published: 12/31/2021
A month after he reported to prison, prominent businessperson and former Kentucky Democratic Party chief Jerry Lundergan asked the U.S. Supreme Court to consider overturning his conviction for illegally funneling $200,000 to his daughter’s political campaign. The petition states the federal ban on corporate contributions is unconstitutional when applied to donations from a close family member, as Lundergan gave the money to his daughter Alison Lundergan Grimes in her 2014 challenge against U.S. Sen. Mitch McConnell.
Maryland – Omicron Scrambles Lawmakers’ Pre-Session Fundraisers
Maryland Matters – Josh Kurtz | Published: 1/3/2022
For Maryland lawmakers, there is always a fundraising scramble in early January leading up to the start of the General Assembly session, when a 90-day blackout on raising money kicks in for state legislators, the governor, lieutenant governor, attorney general, and comptroller. According to lists of political events supplied by three Annapolis lobbying firms, at least 55 fundraisers for state lawmakers are on tap, including one hours before the annual legislative session begins on January 12. But COVID-19 has changed everything.
Michigan – Feds Demand Ex-Detroit Councilman Spivey Get Stiff Prison Sentence
Detroit News – Robert Snell | Published: 1/5/2022
Prosecutors said former Detroit City Councilperson André Spivey should spend more than three years in federal prison for pocketing more than $35,000 in bribes and sacrificing the best interests of city residents. They asked that Spivey be sentenced to 40 months for receiving bribes from a towing industry official who was seeking favors and trying to buy the council member’s vote. He received the money on eight separate occasions during a five-year period. Spivey is the highest-ranking person convicted in an ongoing crackdown on public corruption within city government and the police department.
Michigan – Ungerrymandered: Michigan’s maps, independently drawn, set up fair fight
MSN – Nick Corasaniti (New York Times) | Published: 12/29/2021
One of the country’s most gerrymandered political maps has suddenly been replaced by one of the fairest. A decade after Michigan Republicans gave themselves seemingly impregnable majorities in the state Legislature by drawing districts that heavily favored their party, a new independent commission approved maps that create districts so competitive that Democrats have a chance of recapturing the state Senate for the first time since 1984. The work of the new commission stands in contrast to the type of hyper-partisan gerrymandering that has swept much of the country, and it may highlight a potential path to undoing such gerrymandering.
New Mexico – Ethics Agency Calls for Firmer Disclosure Laws
Yahoo News – Dan McKay (Albuquerque Journal) | Published: 1/2/2022
The New Mexico Ethics Commission is recommending increased transparency requirements for lobbyists, such as disclosure of what bills they are working on and the provisions they are advocating for or against. State lawmakers, a handful of whom are married to lobbyists, would also have to disclose before voting if any family member lobbied on a bill. The commission is also proposing that lawmakers release more information about their sources of income and business relationships. the recommendations are designed to shed more light on potential conflicts at the Capitol.
New York – Hochul Charts New York’s Recovery in First State of State Speech
New York Times – Luis Ferré-Sadurní and Grace Ashford | Published: 1/5/2022
In her first State of the State address, Gov. Kathy Hochul outlined her vision for shepherding New York through its recovery from the coronavirus pandemic, while vowing to open a new chapter of ethical, more transparent government. Hochul faces a contested Democratic primary in June, her first election since she unexpectedly ascended to the state’s highest job after former Gov. Andrew Cuomo resigned in August. She positioned herself as a champion of good government, proposing to overhaul the state ethics commission.
New York – Internal Strife Engulfs New York’s Ethics Panel
Albany Times Union – Brendan Lyons | Published: 12/30/2021
The internal strife within the New York Joint Commission on Public Ethics (JCOPE) follows years of criticism by many lawmakers, and some commissioners, about its alleged unwillingness to pursue meaningful investigations of top government officials, including former Gov. Andrew Cuomo. Gov. Kathy Hochul has suggested the panel needs to be disbanded and replaced by an ethics body whose members are not appointed by the governor or other top lawmakers.
New York – Over 4 Months, Hochul’s Office Discloses No Meetings with Lobbyists
Albany Times Union – Chris Bragg | Published: 12/28/2021
In the four months since Kathy Hochul became governor of New York, a public database, Project Sunlight, has not listed a single meeting between her administration and interests seeking to influence policymaking. Lobbyists themselves, however, reported having more than 200 instances of directly lobbying Hochul’s office on behalf of various interests in September and October that concerned regulations, rate making, and procurement – all topics covered by a 2011 disclosure law.
New York – Trump, Ivanka, Don Jr. Subpoenaed in New York AG’s Probe
Yahoo News – Michael Sisak (Associated Press) | Published: 1/3/2022
The New York attorney general’s office subpoenaed former President Trump and his two eldest children, Ivanka and Donald Trump Jr., demanding their testimony in an investigation into the family’s business practices. Attorney General Letitia James’ office said the subpoenas are part of a civil probe involving matters including “the valuation of properties owned or controlled” by Trump and his company. Lawyers for the Trumps filed court papers to block the subpoenas, accusing James of attempting to obtain testimony that could then be used against the Trumps in a parallel criminal investigation being overseen by Manhattan District Attorney Alvin Bragg.
North Dakota – AG Opinion Gives Clarification to North Dakota Ethics Panel
Bismarck Tribune – Jack Dura | Published: 12/30/2021
North Dakota Attorney General Wayne Stenehjem concluded that a crucial section of the state constitution’s ethics amendment appears constitutional. His opinion gives clarification to the state Ethics Commission on its path in making rules for conflicts-of-interest. The language deals with state officials avoiding the appearance of bias and disqualifying themselves from “quasi-judicial” proceedings, such as members of the Public Service Commission, when campaign contributions create a perceived bias. It takes effect in 2022.
Ohio – From Pancaking and Coingate to ECOT and House Bill 6: 50 years of Ohio public corruption cases
Yahoo News – Laura Bischoff (Columbus Dispatch) | Published: 12/29/2021
Ohio is embroiled in the biggest public corruption case in state history and the largest open inquiry in any statehouse in the country. In June 2021, lawmakers expelled Larry Householder from his legislative seat, nearly a year after he was charged in a federal racketeering case. Householder, who was investigated by federal authorities two decades ago during his first stint as speaker, has pleaded not guilty. The racketeering case is expected to go to trial in 2022. But he is far from the first public official to be embroiled in scandal.
Pennsylvania – Pa. Court Rules Against Former Pittsburgh Councilwoman Darlene Harris in Campaign Finance Case
Pittsburgh Tribune-Review – Paula Reed Ward | Published: 12/28/2021
A state appellate court ruled former Pittsburgh City Councilperson Darlene Harris must pay fines levied against her for failing to file financial disclosure reports during her campaign in 2019. The Commonwealth Court found the $4,150 fine levied against Harris was not excessive and was properly authorized. The ordinance, enacted by the city in 2015, requires candidates for office to provide a campaign finance report on the first business day of each of three months leading up to Election Day.
Rhode Island – GOP Rhode Island Lawmaker Under Fire for Suggesting She Lost a Black Friend to Critical Race Theory
The Day – Timothy Bella (Washington Post) | Published: 12/29/2021
Rhode Island Rep. Patricia Morgan is facing backlash after suggesting critical race theory cost her a friendship. “I had a Black friend. I liked her and I think she liked me, too,” tweeted Morgan. “But now she is hostile and unpleasant. I am sure I didn’t do anything to her, except be White.” The tweet was met with criticism from state Republicans and Democrats who called her comments “ignorant and embarrassing.” Her message also spawned the hashtag #IHadAWhiteFriend, with commenters giving serious and satirical examples of the gap in shared experiences between Black and White people.
South Carolina – Eyeing Corruption Scandals, Gov. McMaster Puts Ethics on the Agenda for 2022
Greenwood Index-Journal – Avery Wilks (Charleston Post and Courier) | Published: 1/5/2022
South Carolina Gov. Henry McMaster wants to beef up a pair of watchdogs that investigate government misconduct, make the state’s scandal-scarred sheriffs attend ethics training, and shine more light on special interests that secretly influence city and county councils. The governor will package those proposals into his soon-to-be-unveiled executive budget, calling on lawmakers to spend some $3.4 million more per year on measures meant to repair South Carolinians’ faith in their government.
January 6, 2022 •
Thursday’s LobbyComply News Roundup
Campaign Finance National: “PAC Giving Continues to Give Some Companies Pause” by Kate Ackley (Roll Call) for MSN Ethics National: “Facebook Groups Topped 10,000 Daily Attacks on Election Before Jan. 6, Analysis Shows” by Craig Silverman, Craig Timberg, Jeff Kao, […]
Campaign Finance
National: “PAC Giving Continues to Give Some Companies Pause” by Kate Ackley (Roll Call) for MSN
Ethics
National: “Facebook Groups Topped 10,000 Daily Attacks on Election Before Jan. 6, Analysis Shows” by Craig Silverman, Craig Timberg, Jeff Kao, and Jeremy Merrill (Washington Post) for Anchorage Daily News
National: “House Panel Asks Sean Hannity of Fox News to Cooperate in Jan. 6 Inquiry” by Michael Grynbaum and Luke Broadwater for New York Times
Delaware: “Sen. Darius Brown’s Criminal Trial Starts Wednesday After Misdemeanor Arrest in May” by Sarah Garland (Delaware News Journal) for Yahoo News
Florida: “Gov. Ron DeSantis Moves Jacksonville News Conference After Protest and Handcuffing of Community Leader” by Dan Scanlan (Florida Times-Union) for Yahoo News
Hawaii: “Former Solar Executive Will Head Ethics Commission” by Stewart Yerton for Honolulu Civil Beat
Michigan: “Feds Demand Ex-Detroit Councilman Spivey Get Stiff Prison Sentence” by Robert Snell for Detroit News
South Carolina: “Eyeing Corruption Scandals, Gov. McMaster Puts Ethics on the Agenda for 2022” by Avery Wilks (Charleston Post and Courier) for Greenwood Index-Journal
January 5, 2022 •
Wednesday’s LobbyComply News Roundup
Campaign Finance National: “Nonfungible Tokens the New Fad for Campaign Fundraising” by Gopal Ratnam (Roll Call) for MSN Colorado: “Failed Colorado Congressional Candidates Still Have Lots of Campaign Money. Here’s Why.” by Jesse Paul and Sandra Fish (Colorado Sun) for […]
Campaign Finance
National: “Nonfungible Tokens the New Fad for Campaign Fundraising” by Gopal Ratnam (Roll Call) for MSN
Colorado: “Failed Colorado Congressional Candidates Still Have Lots of Campaign Money. Here’s Why.” by Jesse Paul and Sandra Fish (Colorado Sun) for Durango Herald
Maryland: “Omicron Scrambles Lawmakers’ Pre-Session Fundraisers” by Josh Kurtz for Maryland Matters
Ethics
National: “Fear, Anger and Trauma: How the Jan. 6 attack changed Congress” by Paul Kane, Mariana Sotomayor, and Jacqueline Alemany (Washington Post) for MSN
Florida: “Clearwater Art Exhibit Used Trash to Make a Point, Then Questions Arose” by Tracey McManus (Tampa Bay Times) for Yahoo News
New York: “Trump, Ivanka, Don Jr. Subpoenaed in New York AG’s Probe” by Michael Sisak (Associated Press) for Yahoo News
Lobbying
California: “San Diego Publishes a Beginner’s Guide to Participating in City Lawmaking” by Morgan Cook for San Diego Union Tribune
Redistricting
Michigan: “Ungerrymandered: Michigan’s maps, independently drawn, set up fair fight” by Nick Corasaniti (New York Times) for MSN
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