March 25, 2022 •
News You Can Use Digest – March 25, 2022
As GOP Lawmakers Push for More Election Fraud Charges, Prosecutors Find Few Cases
MSN – Rosalind Helderman and Amy Gardner (Washington Post) | Published: 3/23/2022
Demands for criminal cases tied to the 2020 election continue to stress the political system and put pressure on prosecutors, particularly elected Republicans. Supporters of former President Trump also are pushing GOP lawmakers, who have already enacted numerous laws tightening voting rules, to stiffen penalties for fraud and create investigative teams aimed at rooting out election malfeasance, efforts that critics say will further suppress voting. But a Washington Post survey of attorneys general and large district attorney offices in the six swing states turned up just 39 cases of people charged with illegal activity related to the November 2020 election.
Capitol Riot Suspect Who Fled to Belarus Granted Asylum, State Media Says
MSN – Rachel Pennett (Washington Post) | Published: 3/23/2022
A man on the FBI’s wanted list for his alleged role in the Capitol riot has been granted asylum in Belarus. Evan Neumann fled to Europe after the insurrection. He lived in Ukraine for four months before crossing into Belarus on foot late last year. Belarusian President Alexander Lukashenko and his close ally, Russian President Vladimir Putin, have referenced the Capitol riot, calling the prosecution of those involved an example of “double standards” by the U.S. because it frequently criticizes crackdowns on anti-government protests abroad.
Could Proxy Voting Make the House More Inclusive? Some Lawmakers Hope So
MSN – Chris Cioffi (Roll Call) | Published: 3/9/2022
Democrats argued to extend and reimagine two things that have helped the U.S. House weather the coronavirus pandemic ––proxy voting and remote hearings. Those practices are set to expire March 30. Republicans pushed back during the “members’ day” hearing, which gave a broad range of lawmakers the chance to sound off on how the House should operate as the pandemic wanes. Things should return to normal, Republicans said. Some said remote work is ripe for abuse, blamed it for contributing to a toxic culture in Congress, and raised questions of constitutionality.
Ethics Advocates Say Senate Staffers Could Be Breaking Rules on Stock Ownership
NPR – Deirdre Walsh | Published: 3/21/2022
The Senate and the House are considering legislation that would ban members of Congress from trading individual stocks. But there is already a narrow ban in place for some Senate staff members that was enacted in the 1970s, and an outside legal group believes some aides appear to be violating that ban. Senate committee staffers are required to divest stock in industries related to the jurisdiction of the panel they work for. The Campaign Legal Center said its review of financial disclosure forms found five senior Senate committee aides with stock holdings that could run afoul of the rule.
Russian Entities Kept Much of Their D.C. Influence Peddling Outside Public View
MSN – Hailey Fuchs (Politico) | Published: 3/22/2022
For years, Russian entities registered to lobby under the Lobbying Disclosure Act rather than the Foreign Agents Registration Act. They were able to do that so long as a foreign government or political party was not the “principal beneficiary” of the lobbying effort. Those Russian entities, some of whom have been sanctioned by the Biden administration, are able to influence U.S. policy without disclosing details about the scope of their outreach, such as information about the dates of their activities, names of contacts, speeches or internet postings, and specific expenses on behalf of the client, among other activities.
Ted Cruz’s Latest Troll? Turning His Campaign into a Super PAC
Daily Beast – Roger Sollenberger | Published: 3/22/2022
Federal law says candidates can only give other candidates $2,000 per election. But U.S. Sen. Ted Cruz may have found a loophole. In February, Cruz poured $137,183 into the House campaign for Cassy Garcia, his former staffer turned congressional candidate. Cruz, who is currently challenging the FEC in the Supreme Court, broke new ground, assuming unlimited spending powers and raising campaign finance red flags. None of Garcia’s campaign finance reports show a dime spent on promotion – no advertising, digital marketing, signs, mailings, or get-out-the-vote efforts, just a $600 website.
The Federal Election Commission Slapped Marathon Petroleum Corporation with a $85,000 Fine After It Illegally Contributed $1 Million to 2 Republican PACs
Yahoo News – Bryan Metzger (Business Insider) | Published: 3/18/2022
The FEC levied a $85,000 fine against Marathon Petroleum Company after it illegally contributed $1 million to a pair of PACs supporting House and Senate Republicans’ re-election campaigns. Marathon has contracts with the federal government, and campaign finance laws prohibit federal contractors from making any political contributions while negotiating or performing federal contracts.
From the States and Municipalities
Alaska – Alaska House Passes Campaign Contribution Limits Bill
Alaska Public Media – Becky Bohrer (Associated Press) | Published: 3/17/2022
The Alaska House narrowly passed legislation that would set a limit on individual contributions to candidates after prior limits were struck down by a court and the state agency overseeing campaign finance rules urged the Legislature to revisit the issue. The bill would set a $2,000 limit on what an individual could give to a candidate each election cycle. It has a $5,000 a year limit on what an individual can give a group, such as a non-party organization.
California – Alvarez Work for SDG&E Could Have Violated City Ethics Law
Voice of San Diego – Andrew Keatts | Published: 3/21/2022
When former city council member David Alvarez helped San Diego Gas & Electric push an energy infrastructure project, he may have violated San Diego’s prohibition on elected officials influencing city decisions after leaving office. Alvarez says he was working as part of a contract to do community engagement, not lobbying, and therefore is not in violation of ethics law. After leaving office, elected officials face a two-year waiting period during which they cannot influence officials over city decisions.
California – SJ City Council Passes Draft Proposal to Bar Political Donations by Foreign-Owned Corps
California Globe – Evan Symon | Published: 3/23/2022
The city council approved a piece of draft legislation to prohibit foreign-influenced corporations from making political contributions to any city elections in San Jose. The new campaign finance law would not allow corporations with one percent or more ownership by a single foreign national or five percent or more ownership by multiple foreign nationals from making political expenditures in city elections. While the proposal was only a policy memorandum on final draft ordinance language, its passage was seen as an indication the council would pass the ordinance in the coming weeks.
Connecticut – Connecticut Lobbyists Back at Capitol After Two Years to Influence Legislation
Yahoo News – Christopher Keating (Hartford Courant) | Published: 3/20/2022
For the past two years, lobbyists in Connecticut disappeared from the state Capitol as the building was closed to the public for fear of spreading the coronavirus. Now, mask-wearing lobbyists say they are happy to be back after having little personal access to lawmakers during the entire pandemic. While it is impossible to roll back the clock, both lawmakers and lobbyists say some legislation might have been changed over the past two years if the advocates could have lobbied more aggressively and in person as they always did in the past.
Georgia – Augusta Mayor Faces State Law Charges, $800,000 Fines in Ethics Commission Decision
MSN – Susan McCord (Augusta Chronicle) | Published: 3/22/2022
Augusta Mayor Hardie Davis faces charges he broke state laws and fines of more than $800,000 after the Georgia ethics commission found probable cause to move forward with two complaints against him. The investigations stemmed from the origin of billboards encouraging voters to support replacing the James Brown Arena. The billboards appeared a few weeks before a non-binding ballot poll on where to build a new facility. The billboards were attributed to Concerned Citizens of Richmond County. The complaint said unlike a corporation, a ballot committee is required to register with election officials when it raises or spends more than $500.
Georgia – Stacey Abrams Seeks Access Now to Unlimited Fundraising
MSN – Associated Press | Published: 3/20/2022
Georgia’s Democratic candidate for governor, Stacey Abrams, is asserting she should be allowed to immediately begin using a fundraising vehicle that would allow her to raise unlimited contributions because she is unopposed in the Democratic primary. Abrams could sue to gain access to a leadership committee, a type of fundraising committee approved by lawmakers last year. The committees can raise unlimited funds, while top individual donors to Abrams’ direct committee would be limited to giving $7,600 for the May 24 primary election and another $7,600 for the November general election.
Illinois – After the Madigan Charges, Democrats Lack an Appetite for New Ethics Reform This Spring
WBEZ – Dave McKinney | Published: 3/22/2022
The chances of Democrats pushing through a new round of ethics reforms in the wake of former Speaker Michael Madigan appear bleak at the moment, with time running out on the Illinois Legislature’s spring calendar. A top government reform group and a former state legislative watchdog say what lawmakers did last year on ethics is not nearly enough and more stringent safeguards are needed to confront legislative conflicts-of-interest and other misconduct that have been adding to the federal prison population.
Illinois – Chicago City Council Debates Measure to Ban Spouses of Aldermen from Lobbying Elected Officials
MSN – Mary Ann Ahern (WMAQ) | Published: 3/23/2022
A proposed ordinance before the Chicago City Council would prohibit spouses or partners of elected officials from lobbying their fellow aldermen, with the measure following reports that City Clerk and Illinois secretary of state candidate Anna Valencia failed to disclose her husband’s lobbying contracts. Valencia did not disclose her husband Reyahd Kazmi’s lobbying, which is required under state law.
Illinois – Ex-Ald. Ricardo Muñoz Sentenced to 13 Months in Prison for Spending Thousands of Dollars in Political Funds on Tuition, Trips and Sports Tickets
MSN – Jason Meisner (Chicago Tribune) | Published: 3/17/2022
Former Chicago Ald. Ricardo Muñoz was sentenced to 13 months in prison for stealing tens of thousands of dollars from a political campaign fund he controlled and spending it on personal items ranging from iPhones to skydiving excursions. Muñoz had pleaded guilty to wire fraud and money laundering, becoming the latest in a long line of city council members to be caught using their elected positions to line their own pockets.
Illinois – Former State Rep. Edward Acevedo Sentenced to 6 Months in Prison for Tax Case Stemming from ComEd Probe
MSN – Jason Meisner (Chicago Tribune) | Published: 3/23/2022
A federal judge sentenced former state Rep. Edward Acevedo on to six months in prison for cheating on his taxes in a prosecution that resulted from the same investigation that led to the indictment of former Illinois House Speaker Michael Madigan. Acevedo is now the first person to be sentenced in the sweeping probe that has so far led to charges against Madigan, two of his closest advisers, and a slew of former Commonwealth Edison executives and contract lobbyists, many with ties to the former speaker.
Maryland – Giving from the Grave? Marilyn Mosby’s Dead Grandfather Contributed to Her and Her Husband’s Campaigns
Baltimore Brew – Mark Reutter | Published: 3/23/2022
The grandfather of Baltimore State’s Attorney Marilyn Mosby died in 2015 but apparently lives on as a source of campaign money for her and her husband, city council President Nick Mosby. Prescott Thompson is listed as contributing $500 to Marilyn Mosby last year. The report was filed on January 19, 2022, six days after she was indicted on federal charges linked to her purchase of two Florida vacation homes. Marilyn Mosby has pleaded not guilty to the charges.
Maryland – Maryland’s High Court Takes Up Gerrymandering Case That Delayed State’s Elections
MSN – Ovetta Wiggins (Washington Post) | Published: 3/23/2022
Maryland’s highest court heard arguments in the gerrymandering case that has shaken up the state’s elections calendar, with Republicans arguing that about a dozen recently redrawn legislative districts are politically, demographically, or racially unfair. The map, approved by the Democratic-controlled General Assembly, dictates the boundaries for state Senate and House districts. Under the state constitution, each legislative district is supposed to consist of adjoining land, be compact, and have a substantially equal number of residents. The map must give “due regard” to natural boundaries and the boundaries of political subdivisions.
Maryland – Md. Legislator Says Corporate Funding of ‘Astroturf’ Ad Campaigns Must Be Disclosed
WTOP – Bruce DePuyt | Published: 3/21/2022
An influential Maryland legislator is taking aim at what he considers “astroturf” lobbying by large government contractors. Under a measure sponsored by House Majority Leader Eric Luedtke and 14 others, companies with million-dollar state government contracts would be required to disclose contributions they make to advocacy organizations. Luedtke said the broadcast and internet advertising campaigns these groups sponsor “create the appearance of a grassroots movement when, in truth, support comes from a narrow group of special interests that have a financial interest in a project.”
Michigan – Michigan Republicans Delay Absentee Ballot Signature Rules
MSN – David Eggert (Associated Press) | Published: 3/22/2022
Republican lawmakers delayed until after the November election rules that will tell Michigan election clerks how to match the signatures of people applying for and submitting absentee ballots. The Joint Committee on Administrative Rules’ maneuver to propose bills keeps the regulations from taking effect for nine months. The rules drafted by the state elections bureau eventually will go into effect because Gov. Gretchen Whitmer would likely veto Republicans’ alternative legislation.
Mississippi – Speaker Philip Gunn Uses Secret Capitol Meetings to Pass His Bills and Restrict Public Debate. Is It Legal?
Mississippi Today – Adam Ganucheau | Published: 3/21/2022
Mississippi Speaker Philip Gunn called a House Republican Caucus to a closed-door meeting on March 14. Gunn told the Republicans that he, his chief of staff, and Rep. Trey Lamar had reworked a tax reform proposal that, if passed, could change the way government funds public services for generations. Few House Republicans knew the details of Gunn’s updated proposal until that meeting. A few minutes after the bill passed committee, the entire House passed it on the floor. The caucus meetings are just one tool Gunn regularly employs to strong-arm House Republicans into passing the bills he authors or supports and to restrict public debate among his fellow party mates, critics say.
New Jersey – Bill to Expand New Jersey Bribery Law to Include Candidates for Office Gains Momentum
MSN – Matt Friedman (Politico) | Published: 3/17/2022
After a decade in legislative limbo, a bill that would allow politicians to be convicted of bribery even if they do not hold public office has begun moving in the New Jersey General Assembly. Over the last decade, courts have dismissed charges or overturned convictions against several politicians based on the loophole, despite evidence they took bribes with the intention of granting official favors if elected. The bill that expands the definition of “public servant” in the state’s bribery statute.
New Mexico – Cowboys for Trump Co-Founder Charged with Campaign Violation
Yahoo News – Associated Press | Published: 3/18/2022
A New Mexico elected official was charged with a misdemeanor campaign finance violation for refusing to register his political group Cowboys for Trump, the state’s attorney general announced. Couy Griffin, a county commissioner, has been facing off with state election regulators for more than a year over whether he needs to register the group as a political committee. Griffin expressed concern that registering may lead to other disclosure requirements about contributions and spending.
New Mexico – New Harassment Allegations Against Lawmaker Prompt Call for State Ethics Commission to Handle Future Complaints
New Mexico In Depth – Marjorie Childress and Trip Jennings | Published: 3/21/2022
Representatives of eight organizations called for New Mexico Sen. Daniel Ivey-Soto to resign or for his legislative colleagues to remove him from office if he did not leave, in an open letter containing new allegations of sexual harassment and bullying. The accusations against Ivey-Soto come a month after lobbyist Marianna Anay accused him of sexually harassing her. After receiving Anaya’s complaint in February, legislative leaders opened an investigation into Ivey-Soto, adhering to a system where complaints against state lawmakers are kept confidential in a procedure overseen by other lawmakers.
New York – Ethics Commission Orders Cuomo to Repay $5.1M from Book Deal
Albany Times Union – Chris Bragg | Published: 3/18/2022
The Joint Commission on Public Ethics (JCOPE) passed a motion again ordering former New York Gov. Andrew Cuomo to repay $5.1 million in book royalties. Cuomo is already stating he will contest the order and will not comply. This time, JCOPE is taking a near-certain legal battle with Cuomo into its own hands.
New York – Hochul’s Ethics Overhaul Plan Wilts but New Plan Is Pushed
Albany Times Union – Chris Bragg | Published: 3/23/2022
Although lawmakers have not shut the door on reforming the Joint Commission on Public Ethics, New York Gov. Kathy Hochul’s plan to have law school leaders appoint members of a new ethics panel appears dead. In its wake, a coalition good-government groups sent a new proposal to the governor’s office, the Assembly, and the state Senate, all controlled by Democrats. Senate Majority Leader Andrea Stewart-Cousins said there is still a potential for an ethics overhaul as part of the budget process.
New York – Prosecutor Who Resigned Over Stalled Trump Probe Says Ex-President Committed Felonies
MSN – Shayna Jacobs, Josh Dawsey, and Jonathan O’Connell (Washington Post) | Published: 3/23/2022
A veteran prosecutor who resigned from a special appointment to the Manhattan district attorney’s investigation into Donald Trump’s finances and business practices said the former president personally committed felonies and should be charged promptly. The comments were made in Mark Pomerantz’s resignation letter as he and Carey Dunne, another top investigator on the team probing Trump and the family-run Trump Organization, abruptly left the office after people familiar with the matter said District Attorney Alvin Bragg appeared uninterested in pursuing a case.
North Carolina – N.C. Investigates Mark Meadows After Reports That He Never Lived Where He Registered to Vote
MSN – Felicia Sonmez and Mariana Alfaro (Washington Post) | Published: 3/17/2022
The North Carolina State Bureau of Investigation are probing Mark Meadows over his voter registration after news organizations reported the former White House chief of staff registered to vote in 2020 using the address of a mobile home that he has never lived in. WRAL reported the State Board of Elections is also investigating Meadows. It is illegal to provide false information on a voter registration, and while Americans can have multiple residences, they can have only one official domicile, which is tied to their voter registration.
North Dakota – North Dakota Ethics Panel to Split Proposed Conflict of Interest Rules
Bismarck Tribune – Jack Dura | Published: 3/23/2022
The North Dakota Ethics Commission decided to split draft conflict-of-interest rules into two categories for further review. The panel is writing the rules for state government officials and members of certain boards to disclose conflicts and some campaign contributions when handling “quasi-judicial” proceedings. Commissioner Paul Richard recommended the consolidated rules for general conflicts-of-interest and for “quasi-judicial” proceedings be split. The board’s attorney also walked its members through revisions to the proposed rules.
Ohio – FirstEnergy Shareholders’ Attorneys Identify Charles Jones, Michael Dowling for Devising House Bill 6 Payments
Cleveland Plain Dealer – John Caniglia | Published: 3/23/2022
Charles Jones, the former chief executive officer of FirstEnergy, and Michael Dowling, who led the company’s lobbying efforts, “devised and orchestrated” a $64 million bribery scheme to pay a top Ohio legislative leader and utility regulator in exchange for official action, according to a sworn declaration in court. While Jones and Dowling were both suspected central characters in the operation – both were fired after initial FBI arrests in the case – the new filing marks the first time the two were personally identified. FirstEnergy said it paid the bribes to help pass House Bill 6, an energy policy overhaul worth an estimated $1.3 billion to the utility.
Ohio – Ohio GOP Governor Candidate Joe Blystone Ordered to Return More Than $100,000 in Campaign Donations
Cleveland Plain Dealer – Jeremy Pelzer | Published: 3/23/2022
Ohio Secretary of State Frank LaRose’s office says Republican Joe Blystone’s campaign for governor must refund a total of more than $100,000 in contributions that violate the state’s limit on cash donations or ban on corporate contributions. The flagged contributions include more than $101,000 in donations that exceed the state’s limit of $100 for each contribution made in cash, according to Brian Katz, campaign finance director for LaRose’s office. Katz also said it is necessary for Blystone to refund $1,100 in in-kind contributions from corporations, which are not allowed to give to Ohio candidates.
Oklahoma – Lawmakers Again Stifle Debate on Applying Open Records Law to Themselves
Oklahoma Watch – Trevor Brown | Published: 3/17/2022
Lawmakers’ emails to lobbyists, calendars, call logs, and other records that could give the public insight into the bills they craft are set to remain secret for at least another year. A bill that would have ended Oklahoma’s status as one of a handful of states that allows the Legislature to exempt itself from open records and meeting laws failed to clear a key legislative deadline. The proposal would have ended a decades-old exemption that allowed the Legislature to ignore the open records and meeting laws that city councils, county commissioners, school boards, and other state governing bodies must follow.
Oregon – Oregon Supreme Court Ruling Likely Dooms Campaign Finance Limits This Year
OPB – Dirk VanderHart | Published: 3/18/2022
In a setback for election reformers, the Oregon Supreme Court declined to direct Secretary of State Shemia Fagan to reverse a decision to disqualify ballot measures aimed at limiting campaign contributions. Proponents of the measures asked the Supreme Court to step in and rule Fagan’s interpretation of the state constitution was incorrect. If justices had agreed, it might have given the group enough time to collect signatures and put one of their proposals before voters. But the court ruled that intervening in the case would not be appropriate.
Pennsylvania – Kenyatta Johnson Corruption Case Heads to Trial After Pandemic Delays
WHYY – Aaron Moselle | Published: 3/18/2022
Philadelphia City Councilperson Kenyatta Johnson and his wife, political consultant Dawn Chavous, are headed to court more than two years after they were charged in a federal fraud and racketeering case. The couple will be joined by Abdur Rahim Islam and Shahied Dawan, two former executives at Universal Companies, a nonprofit real estate developer and charter-school operator headquartered in Johnson’s legislative district. Federal prosecutors say the co-defendants participated in a tangled quid pro quo that saw Johnson use his council seat to help Universal in exchange for a series of bribes concealed as payments to Chavous’ consulting firm, which the nonprofit had hired.
Tennessee – Campaign Finance Probes of Ex-Speaker, Ex-Staffer Head to DA
Yahoo News – Jonathan Mattise (Associated Press) | Published: 3/17/2022
The Tennessee Registry of Election Finance’s voted to give prosecutors their investigations surrounding a former House speaker and his then-chief of staff, who have been implicated in an alleged political consulting kickback scheme. Another former lawmaker recently plead guilty to helping carry out the scheme. The vote refers the probes about former House Speaker Glen Casada, his former chief of staff Cade Cothren, and the Faith Family Freedom Fund PAC to the Williamson County district attorney’s office.
Vermont – Vermont Code of Ethics Bill Unanimously Passes State Senate
MSN – Lisa Rathke (Associated Press) | Published: 3/23/2022
A bill to create a state code of ethics for elected and appointed officials, legislators, and all state employees was passed unanimously by Vermont Senate. A majority of other states already have similar codes. The bill, which now goes to the House, also would apply to individuals appointed to state boards and commissions or who are authorized to act or speak on behalf of the state. Anyone who violates the code of ethics can be investigated by the Vermont State Ethics Commission.
Wisconsin – Supreme Court Rejects GOP Bid to Block Wisconsin Congressional Map but Sides with Republicans in State Legislative Map Dispute
MSN – Tierney Sneed (CNN) | Published: 3/23/2022
The U.S. Supreme Court rejected a Republican Party request that it upend a congressional map adopted by the Wisconsin Supreme Court that was preferred by Democrats. That redistricting plan had a Republican lean but was still favored by Democrats because of the potential it could give them at least one additional seat in the U.S. House. The justices, however, also on issued an order in a separate Wisconsin redistricting case that blocked a state legislative map adopted by the state Supreme Court that was backed by Democrats.
Wyoming – Alleged Threats by Wyoming Legislators Lead to Calls for Civility
Pinedale Roundup – Jonathan Make (Wyoming Tribune Eagle) | Published: 3/17/2022
Amid new allegations of a state legislator making verbal threats, some who do business in the Wyoming Capitol here are seeking a return to greater civility. News emerged that state Rep. John Romero-Martinez allegedly threatened, in speaking with others, the lives of Rep. Andi LeBeau and former Rep. Sara Burlingame. In recent days, legislative leaders had separately asked a Senate panel to consider whether to launch a formal investigation into allegations recently brought against Sen. Anthony Bouchard. The full Senate has stripped Bouchard of his committee assignments.
Wyoming – Bill Signed into Law Attempts to Close Dark Money Loopholes
Wyoming News Tribune – Jasmine Hall | Published: 3/19/2022
Wyoming Gov. Mark Gordon signed into law a bill that attempts to close “dark money” loopholes through additional campaign finance reporting fees. The new law requires all campaigns, PACs, and organizations to file an itemized statement of contributions and expenditures. If there is a failure to file the reports with the secretary of state, there can be a final order imposing a civil penalty. The penalty can be up to $500 a day beginning on the date of the final order and ending when the final report is filed. Previously, it was a one-time fee of $500.
Wyoming – Federal Judge Sides with Wyoming Gun Owners in Campaign Ad Lawsuit
Cowboy State Daily – Jim Angell and Ellen Fike | Published: 3/21/2022
A federal judge said Wyoming cannot force a Second Amendment advocacy group to share the names of its donors. U.S. District Court Judge Scott Skavdahl ruled in favor of Wyoming Gun Owners (WyGo), finding the state law requiring the group to share a list of people who helped pay for a campaign ad is unconstitutional. The secretary of state’s office said WyGO was required to file campaign finance reports, including a list of contributions and expenditures, because it had spent more than $500 on “political activity.”
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