National/Federal

Clinton Campaign Case to Prompt Review of Disclosure Exemption

Bloomberg Law News – Mike Vilensky | Published: 7/9/2024

The FEC “acted contrary to law” in dismissing a Campaign Legal Center complaint alleging campaign finance violations by Hillary Clinton’s 2016 presidential campaign and a PAC supporting her candidacy, the U.S. Court of Appeals for the District of Columbia Circuit ruled. The complaint accused Clinton’s campaign committee of accepting millions of dollars in undisclosed coordinated contributions from Correct the Record in the form of opposition research, message development, surrogate training, video production, and press outreach.

Judge Denies Effort by Trump Co-Defendant to Have Charges Dismissed

DNyuz – Alan Feuer (New York Times) | Published: 7/6/2024

The federal judge overseeing Donald Trump’s classified documents case rejected an effort by one of his co-defendants to have the charges he is facing dismissed by claiming he was the victim of a vindictive prosecution by the government. The co-defendant, Walt Nauta, who works as a personal aide to Trump, had accused prosecutors in the office of the special counsel, Jack Smith, of unfairly indicting him because he declined to help their efforts to build a case against the former president by testifying against him in front of a grand jury.

Immunity Ruling Leaves Judge Facing Tough Calls on Trump’s Election Indictment

DNyuz – Alan Feuer (New York Times) | Published: 7/9/2024

The Supreme Court’s ruling on presidential immunity will land back with the judge who is handling the case from which it sprang – the criminal prosecution of Donald Trump on charges of plotting to overturn the 2020 election. U.S. District Court Judge Tanya Chutkan will face a daunting task. She will have to make decisions about which of the indictment’s allegations can move forward and which will have to be tossed out. The Supreme Court has held that former presidents are completely protected against accusations arising from their core constitutional duties, but that they can face prosecution for unofficial acts they took while in the White House.

Broken Records: Citizens face growing obstacles to public records, and lawmakers make it worse

Jefferson Public Radio – Daniel Walters (InvestigateWest) | Published: 7/3/2024

A rising flood of records requests – driven by partisan tensions, technological innovation, corporate data mining, and “vexatious requestors” bombarding governments – have increasingly swamped under-resourced records agencies. Across the Northwest, citizens are facing longer wait times, steep fees, and other obstacles to obtaining government records the law says they deserve. It is also happening at the federal level, with average wait times doubling in the past decade, said David Cuillier, director of the Brechner Freedom of Information Project at the University of Florida.

Former Social Security Watchdog Abused Her Authority, Investigation Finds

MSN – Lisa Rein (Washington Post) | Published: 7/3/2024

The Social Security Administration’s recently departed inspector general abused her authority and undermined the integrity of her office while under investigation for misconduct, a report from a committee of federal watchdogs found. Gail Ennis refused to steer clear of an inquiry into her leadership of an anti-fraud program that issued extraordinary fines on disabled and elderly people accused of disability benefit fraud, investigators found. The report said she obstructed the probe by refusing to be interviewed, ordering subordinates and witnesses to limit access to information, and at times seeking to mislead investigators.

A Billionaire Is Boosting a Major Defamation Lawsuit against Fox News

MSN – Jeremy Barr (Washington Post) | Published: 7/8/2024

Smartmatic, the voting technology company enmeshed in complex defamation lawsuits against Fox News and Newsmax, has a powerful new financial ally: billionaire tech entrepreneur Reid Hoffman, who is a co-founder of LinkedIn. Hoffman’s multimillion-dollar investment is intended in part to help the company sustain its costly litigation. Smartmatic has said the two news outlets smeared it by airing bogus claims of rigged vote counting in the 2020 election.

100 Years after Gaining Citizenship, Native Americans Face Barriers to Voting

MSN – Jim Saska (Roll Call) | Published: 7/8/2024

A century ago, Congress granted citizenship to Native Americans, providing them the right to vote. A report from House Administration Committee Democrats argues the nation has failed to keep that promise of voting rights because casting a ballot is too difficult in many indigenous communities. The report takes aim at state laws that require voter identification but do not recognize tribal IDs; the failure to provide voting-related materials in indigenous languages; and electoral maps that split native communities into different districts, diluting their political strength.

Ruling Boosts Social Media Free Speech Protections, Some Say

MSN – Gopal Ratnam (Roll Call) | Published: 7/9/2024

The Supreme Court’s decision on two cases challenging social media content moderation policies could expand protections for tech platforms under the First Amendment umbrella even if Congress were to dilute other protections, according to legal experts. Companies posting user content on the internet enjoy a broad shield under Section 230 of a 1996 law. Lawmakers who want such platforms to rein in harmful content have threatened to revoke the section and force stricter moderation of what gets uploaded. But the court’s decision opens the door to broader, more fundamental cover from the First Amendment.

Bipartisan Senate Group Proposes Ban on Congressional Stock Trading

MSN – Jacob Bogage and Jacqueline Alemany (Washington Post) | Published: 7/10/2024

Members of Congress and their families would face stiff penalties for trading stocks under new legislation from a bipartisan group of senators. The bill would bar members of Congress from buying and selling stocks and certain other investments and impose similar restrictions on lawmakers’ spouses and dependent children by 2027. Lawmakers would face a fine worth their monthly salary or 10 percent of the value of each improper investment if they violated the new rules.

Political Ads on Social Media Rife with Misinformation and Scams, New Research Finds

MSN – David Klepper (Associated Press) | Published: 7/10/2024

Political advertisements on social media are one of the best ways for candidates to reach supporters and raise campaign cash. But as a new report from Syracuse University shows, weak regulations governing online ads and haphazard enforcement by tech companies also make ads a prime source for misleading information about elections and an easy way for con artists to target victims. The research examined more than 2,200 groups on Facebook or Instagram that ran ads between September and May mentioning one of the presidential candidates. Combined, the ads cost nearly $19 million and were seen more than 1 billion times.

Democratic Lawmakers Seek Criminal Investigation of Justice Thomas

MSN – Justin Jouvenal (Washington Post) | Published: 7/9/2024

Two Democratic U.S. senators announced they are seeking a criminal investigation of Supreme Court Justice Clarence Thomas over gifts of travel, a loan for a recreational vehicle, and other benefits he received from wealthy benefactors. Sens. Sheldon Whitehouse and Ron Wyden said they sent a letter to Attorney General Merrick Garland requesting he appoint a special counsel to probe whether Thomas violated ethics, false statement, and tax laws.

GOP Jump-Starts 2024 Election Challenges with Trump-Inspired Lawsuits

MSN – Amy Gardner and Isaac Arnsdorf (Washington Post) | Published: 7/10/2024

The Republican National Committee has expanded legal challenges to voting and election procedures in key swing states since March, when presumptive nominee Donald Trump installed new party leaders with a mandate to pursue his unsubstantiated claims of widespread cheating. Critics say the challenges are legally frivolous. But the cases are dangerous nonetheless, they argue, because they are meant to further erode public confidence in elections and lay the groundwork to overturn the results if Trump loses.

Supreme Court Ethics Remain at Center Stage After Hard-Right Rulings

MSN – Justin Jouvenal (Washington Post) | Published: 7/5/2024

Legal experts say the Supreme Court’s recent blockbuster rulings coupled with ethics allegations against some of the justices have reinforced doubts among a large swath of the country over whether the nations’ highest court can be a neutral interpreter of the law. Gabe Roth, executive director of Fix the Court, sees the scrutiny directed at the court as a positive step. “I’ve long believed that Supreme Court justices should be treated like politicians when it comes to assessing their moral character and potential entanglements,” Roth said. “We have moved to that place, and I think that’s positive given how powerful the justices are.”

From the States and Municipalities

Arkansas – Arkansas Official Rejects Bid to Put Abortion Rights Measure on Ballot

MSN – Frances Vinall (Washington Post) | Published: 7/10/2024

Arkansas Secretary of State John Thurston rejected petitions to put an abortion access measure on the ballot this fall, blaming a procedural error by the organizing group. Arkansans for Limited Government gathered more than 100,000 signatures in support of a ballot proposal to legalize abortion up to 18 weeks after fertilization, and exceptions afterward in cases of rape, incest, fatal fetal anomaly, or threat of physical harm to the pregnant patient. The group has faced a significant challenge in promoting its constitutional amendment initiative in what is sometimes ranked as “the most pro-life state in America.”

California – Big LA County Reforms, Including Board of Supervisors Expansion, Clear First Hurdle

MSN – Frank Stoltze (LAist) | Published: 7/9/2024

The Los Angeles County Board of Supervisors moved forward with a wide-ranging proposal to dramatically change how county governance works. The measure would expand the board of supervisors from five to nine members and create a countywide elected executive position akin to a mayor. Another proposed reform would create an independent ethics commission designed to root out corruption by elected officials. Supervisors would need to take a final vote on the package of reforms by August 9 to get them on the November ballot.

California – California Lawmakers Enacted a Bill to Limit Local Pay-to-Play Politics. Is It Working in Sacramento?

MSN – Theresa Clift (Sacramento Bee) | Published: 7/11/2024

Alvin Cheung, a founding president of California Northstate University, last year donated $250 to Sacramento City Councilperson Mai Vang’s re-election campaign. That amount was just one dollar less than the limit that would have prohibited Vang, who was facing no challenger, from casting a vote expected later this year on whether to award the university a tax break to build a hospital. Senate Bill1439 went into effect January 1, 2023, as a way to combat “pay-to-play” politics.

California – After FBI Raids, Oakland City Council Kills Plan to Strengthen Government Watchdog

Oaklandside – Eli Wolfe | Published: 6/27/2024

The Oakland City Council defeated a modest proposal to strengthen an agency that investigates public corruption and ethics violations. The decision raised eyebrows among those witnessed the FBI raid the home of Mayor Sheng Thao and properties belonging to the city’s recycling contractor, California Waste Solutions. The council rejected a proposed ballot measure to improve the city’s Public Ethics Commission.

Colorado – Faith Winter Violated Colorado Senate Ethics Policy by Appearing to Be Intoxicated at Community Meeting, Panel Rules

Colorado Sun – Jesse Paul | Published: 7/8/2024

State Sen. Faith Winter violated the Colorado Senate’s ethics rules when she appeared to be intoxicated when attending a community meeting earlier this year in Northglenn, a legislative committee convened to investigate her conduct ruled. The Senate Committee on Ethics found that Winter, the chamber’s assistant majority leader, failed to meet the chamber’s ethics standards requiring that she promote public integrity and public confidence.

Connecticut – Did a CT Advocacy Group’s Email Violate Campaign Finance Law? SEEC Investigating

Connecticut Mirror – Andrew Brown and Ginny Monk | Published: 7/5/2024

The State Election Enforcement Commission is investigating a complaint alleging CT169Strong, an organization that has lobbied against Democratic-sponsored housing and zoning legislation in recent years, illegally assisted one of the group’s members who is running for a seat in the Connecticut Legislature. At issue is a message CT169Strong distributed in May as the group was lobbying against the so-called Work Live Ride bill, a piece of legislation that would have encouraged towns to approve more apartments near train and bus stations.

Georgia – Appeals Court Greenlights Campaign Finance Case Against Nonprofit Founded by Stacey Abrams

MSN – Robert Schmad (Daily Caller) | Published: 7/8/2024

A federal appeals court struck down an injunction blocking Georgia from enforcing a state campaign finance law against two nonprofits founded by former gubernatorial nominee Stacey Abrams. A complaint accused the New Georgia Project and the New Georgia Project Action Fund of illegally canvassing for Democratic candidates, including Abrams, during the 2018 midterm elections and failed to disclose millions of dollars in electioneering expenses.

Hawaii – Government Workers in Hawaii Get Paid Not to Work as Misconduct Investigations Drag on for Months or Years

Honolulu Civil Beat – Christina Jedra | Published: 7/10/2024

In Hawaii, “stay away” pay is the practice of giving public employees time off from work while they are investigated for alleged misconduct. Some 350 employees across more than two dozen state and county agencies were put on paid leave due to investigations into suspected wrongdoing from 2020 through 2023. An analysis shows paying these employees not to work cost taxpayers at least $9.5 million in that three-year period. When investigations, and therefore the paid leave, drag on for years, it can waste taxpayer dollars, cause already strained government offices to be stretched even thinner and reward bad behavior.

Hawaii – Honolulu Ethics Commission Says Number of Complaints Has Dropped

Honolulu Civil Beat – Matthew Leonard | Published: 7/8/2024

The Honolulu Ethics Commission says it cannot explain a dramatic fall in the number of complaints it received last year, but it is hopeful the decrease might be the result of more specialized training and expanded outreach. The number of ethics complaints the commission received in 2023 was the lowest since 2018, but the 160 it received in 2022 was a record. That spike could be attributed to the increased scrutiny of ethics rules following the guilty pleas of former state legislators Ty Cullen and Kalani English for taking part in a bribery scheme.

Illinois – Former GOP State Lawmaker, Candidate for Governor Sentenced to 42 Months in Prison

Northern Public Radio – Hannah Meisel (Capitol News Illinois) | Published: 7/10/2024

Former Illinois Sen. Sam McCann was sentenced to 42 months in federal prison for stealing nearly $700,000 in campaign funds and attempting to conceal his theft with false reports to state election authorities. McCann pleaded guilty to seven counts of wire fraud and one count each of money laundering and tax evasion after prosecutors had spent nearly three days presenting evidence against him at trial. U.S. District Court Judge Colleen Lawless said McCann’s refusal to “accept responsibility” until the last possible moment factored into her calculation for prison time.

Illinois – Fate of ComEd Bribery Defendants Could Be in the Dark for Months

WBEZ – Jon Seidel (Chicago Sun-Times) | Published: 7/9/2024

The fate of four people convicted in one of Chicago’s biggest corruption trials will remain up in the air for at least four months as a judge considers the full effect of a U.S. Supreme Court ruling that threatens the jury’s verdict. The high court ruled a law prohibiting bribery among state and local officials did not also criminalize after-the-fact rewards known as “gratuities.” The law in question is involved in five of the nine counts in the Commonwealth Edison bribery case.

Indiana – For Indiana Democrats These Days, Every Year Is a Rebuilding Year

MSN – Brittany Carloni and Kayla Dwyer (Indianapolis Star) | Published: 7/10/2024

Indiana Democrats have not won a contested statewide race since 2012, and party factions disagree about how to turn that tide: whether to run moderate or progressive candidates, and whether to focus on rural or suburban communities. In the absence of an elected statewide party leader, there is a tendency among some to blame the party chair, while his defenders argue naysayers have an outsized view of what role the party should play. The Democratic Party and its top candidates also raise far less money than they used to in Indiana.

Louisiana – Louisiana Ethics Board Faces Higher Quorum Hurdle Under New Law

Louisiana Illuminator – Julie O’Donoghue | Published: 7/8/2024

The Louisiana Board of Ethics will face challenges conducting its business over the next five months under a new state law that gives Gov. Jeff Landry more control over the body. In August, the number of members required to hold a meeting will jump from six to eight of the current 11 members. Ten of 11 board members, instead of eight, will need to be present for the board to move forward with investigations of a potential ethics violation, said Kathleen Allen, the board’s administrator. The ethics board already struggles at times to maintain a quorum under its current threshold.

Maine – The Young People Striving to Make Their Mark on Maine State Policy

Yahoo News – Emma Davis (Maine Morning Star) | Published: 7/8/2024

After Lianna Holden, a recent high school graduate from Lewiston, saw the devastation in her community from a mass shooting last fall, she took to the Maine Legislature to compel change. While testifying for the first time before lawmakers, Holden’s nerves were, for the most part, eclipsed by her knowledge of the legislative process. She had undergone training on grassroots lobbying, workshops on how to write testimony, and had been tracking the changing text and outcomes of gun bills and other legislation of interest to her and her classmates.

Missouri – Ozarks Nonprofits Reassert Political Neutrality After Drone Show with Campaign Message

MSN – Susan Szuch (Springfield News-Leader) | Published: 7/6/2024

A 15-minute-long drone show that included an endorsement for a Christian County Commission candidate left two nonprofits scrambling to assert their political neutrality, while highlighting a potential gray area in Missouri campaign finance law. Near the end of the display, which ran at the same time as the fireworks display, drones spelled out “VOTE JACKSON” in reference to Christian County Commissioner Bradley Jackson, who is up for re-election in November.

New Jersey – Can Pro-Trump N.J. Governor Candidate Keep His Popular Radio Show? State Just Ruled.

MSN – Brent Johnson (NJ Advance Media) | Published: 6/28/2024

The New Jersey Election Law Enforcement Commission (ELEC) took a wait and see approach when it comes to whether the morning radio show of gubernatorial hopeful Bill Spadea violates campaign finance law. ELEC said the show can continue, but it will keep a close watch on what the Republican candidate says on the program and could act later. The hearing addressed whether the show amounts to an in-kind campaign contribution from the station that exceeds the legal limit because of the name recognition and platform he receives.

New York – Hochul Nominates Ethics Commissioner as the Panel’s Future in Limbo

Albany Times Union – Brendan Lyons | Published: 7/3/2024

Gov. Kathy Hochul nominated a New York City attorney to fill one of three vacant positions on the state ethics commission, even as the future of that panel remains in limbo following a recent appellate decision that found it was created in violation of New York’s constitution. Hochul’s nomination of James Caras, who last year retired from his role as special counsel to the speaker of the New York City Council, will be subject to a seven-day public comment period before being presented to a review committee comprised of New York law school deans.

New York – How a New York Democrat Lost a Progressive Ballot Line to a G.O.P. Proxy

DNyuz – Nicholas Fandos (New York Times) | Published: 7/5/2024

When Mondaire Jones, a former Democratic member of Congress running for his old House seat, broke ranks and endorsed the primary opponent of U.S. Rep. Jamaal Bowman in a neighboring district, his longtime allies in the left-leaning Working Families Party were furious. It cancelled plans to campaign for former Jones in his comeback bid. Then things took an even more bizarre turn. The Working Families Party held what should have been a drama-free primary, but instead of nominating the liberal Jones, voters overwhelmingly chose the unlikeliest of alternatives as their nominee: a bankrupt local businessperson propped up by Republicans.

New York – NRA’s Ex-CFO Agreed to 10-Year Not-for-Profit Ban, Still Owes $2M for Role in Lavish Spending Scheme

MSN – Michael Sisak (Associated Press) | Published: 7/9/2024

The National Rifle Association’s (NRA) former finance czar, Wilson Phillips, has been banned for a decade from managing money for any nonprofit company in New York, the state’s attorney general said. Phillips agreed to the ban after a jury found him liable in a scheme to have the gun rights organization bankroll the extravagant lifestyle of the NRA’s longtime chief executive, Wayne LaPierre. Phillips still must pay $2 million in damages to the NRA for his role in concealing and enabling LaPierre’s spending.

Ohio – Ex-Lobbyist Serving 5 Years After Conviction in FirstEnergy Bribery Trial Argues Appeal

MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 7/3/2024

A former lobbyist, sentenced to five years in prison after a jury found he bribed a political operative with $15,000 for private campaign information, argued to appellate judges that he did nothing illegal. Matt Borges, once the chair of the Ohio Republican Party who later worked for FirstEnergy Solutions, told judges on the Sixth Circuit Court of Appeals prosecutors relied on Borges’ use of mob-like language in text messages rather than their underlying substance when they accused him of racketeering.

Oregon – Oregon Ethics Laws Don’t Bar First Lady Aimee Kotek Wilson from Unpaid Work in Wife’s Administration

MSN – Jamie Goldberg (Portland Oregonian) | Published: 7/10/2024

First Lady Aimee Kotek Wilson is allowed to volunteer in Gov. Tina Kotek’s office under state ethics laws as long as she does not personally benefit financially, ruled Susan Myers, executive director of the Oregon Ethics Commission. Myers provided the formal advice three months after the governor’s office asked the commission whether Kotek Wilson could develop, advise, and promote her wife’s priorities as a volunteer in the administration and whether the governor’s office could provide her with staff and resources to accomplish those goals.

South Carolina – A House Contest Where Race, Gerrymandering and the Supreme Court Loom Large

MSN – Patrick Marley (Washington Post) | Published: 7/9/2024

The U.S. Supreme Court signed off on district lines in South Carolina that Republican state lawmakers said they had designed to benefit their party. The First Congressional District had previously been competitive but is now ranked solidly Republican by the Cook Political Report. The Supreme Court ruled the new district lines did not represent an unconstitutional racial gerrymander, overturning a federal three-judge panel. In dissent, Justice Elena Kagan wrote that the majority had cleared the way for discrimination by giving states a green light for “using race as a short-cut to bring about partisan gains.”

Tennessee – Appeals Panel Keeps 21-Month Sentence for Ex-Tennessee Lawmaker Who Tried to Withdraw Guilty Plea

Kentucky Today – Jonathan Mattise (Associated Press) | Published: 7/9/2024

A federal appeals panel is keeping a 21-month prison sentence in place for a former Tennessee senator who tried to withdraw his guilty plea on campaign finance law violations. Former state Sen. Brian Kelsey had pleaded guilty to charges related to his attempts to funnel campaign money from his state legislative seat toward his failed 2016 congressional bid. His attorneys argued prosecutors violated the plea agreement when they said a harsher sentence could be applied after he attempted to withdraw his plea.

Tennessee – Tennessee Attorney General’s Office to Election Finance Office: We’re ‘not an investigative agency’

Tennessee Lookout – Sam Stockard | Published: 7/11/2024

Despite a major funding increase for personnel over two years, the state attorney general’s office notified the Tennessee Registry of Election Finance it is “not an investigative agency” and the agency can find other options if it is not satisfied with the length of time it takes to complete probes. Deputy Attorney General Andrew Coulam said his office is a “law firm with only three investigators” specializing in Medicaid fraud and consumer protection and might not have the staff to do campaign finance investigation in just a few months.

Texas – West Texas Pastor Who Used Illegal Donations from Churches to Campaign for Office Is Fined $3,500

MSN – Jessica Priest (Texas Tribune) | Published: 7/8/2024

A pastor who used his parish’s resources to campaign for office and several pastors from other churches who donated to him were fined after the Texas Ethics Commission determined each violated election law. Scott Beard, the pastor at Fountaingate Fellowship church who was fined $3,500, showed a “lack of good faith” in accepting the donations and in posting campaign signs on church property for his unsuccessful Abilene City Council race despite warnings against doing so, the commission found.

Vermont – New Report Shows Who Has – and Hasn’t – Turned in Latest Campaign Finance Records

VTDigger.org – Shaun Robinson | Published: 7/10/2024

Vermont Secretary of State Sarah Copeland Hanzas released a set of lists naming which candidates have – and which ones have not – filed campaign finance reports with the state as of early July, a move she said would help shine a spotlight on those who are not following the rules. Candidates for the upcoming primary who did not file a July 1 report, about a third of some 300 running for state and county offices this year, are not necessarily out of compliance with state law, Copeland Hanzas said. She thinks it is likely, though, that some are.

Wisconsin – Ballot Drop Boxes Returning to Wisconsin Following Top Court Decision

MSN – Patrick Marley (Washington Post) | Published: 7/5/2024

Liberals on the Wisconsin Supreme Court cleared the way for the use of absentee-ballot drop boxes, reversing a decision made by conservatives two years ago when they controlled the court. Ballot drop boxes were available for years in some Wisconsin communities, and their use was greatly expanded for the 2020 presidential election as voters turned to absentee voting because of the covid-19 pandemic. Top Wisconsin Republicans supported them at the time but turned against them after Joe Biden narrowly beat Donald Trump in the state.