November 8, 2024 •
News You Can Use Digest – November 8, 2024
National/Federal
Trump’s Victory Is a Major Win for Elon Musk and Big-Money Politics
DNyuz – Theodore Schleifer and Susanne Craig (New York Times) | Published: 11/6/2024
At an election-night gathering, Elon Musk sat two seats away from Donald Trump, ready to claim wide credit for his decisive presidential win. His victory lap was the culmination of an effort that began only six months ago and depended on a risky gamble: Musk’s new super PAC effectively led Trump’s get-out-the-vote operation in battleground states and Trump entrusted a crucial campaign function to a political neophyte. There is little doubt the election was a win not only for Musk but also big-money politics: an ultrawealthy donor took advantage of America’s evolving campaign finance system to put his thumb on the scale like never before.
Control of House Hangs in Balance, with Enormous Implications for Trump’s Agenda
MSN – Associated Press | Published: 11/6/2024
The U.S. House majority hangs in the balance, teetering between Republican control that would usher in a new era of unified GOP governance in Washington or a flip to Democrats as a last line of resistance to a Donald Trump second-term agenda. A few individual seats, or even a single one, will determine the outcome. Final tallies will take a while, likely pushing the decision into next week, or beyond.
Court Ruling Threatens to Curb Billions in Political ‘Dark Money’
MSN – Richard Rubin and Maggie Severns (Wall Street Journal) | Published: 10/30/2024
A federal appeals court said nonprofit groups cannot qualify for tax exemption under Section 501(c)(4) of the tax code if they have a substantial nonexempt purpose. That is a much stricter standard than the one in IRS regulations, which say groups only need a primary purpose that qualifies for the exemption. The decision from a conservative court sets a tighter legal standard for tax-exempt status that the advocates for political donor transparency have long sought.
What’s in Your TikTok Feed? As Elections Near, It May Depend on Gender.
MSN – Jeremy Merrill, Cristano Lima-Strong, and Caitlin Gilbert (Washington Post) | Published: 11/3/2024
A significant gender gap has emerged in this year’s presidential campaign, with women voters breaking for Kamala Harris and men for Donald Trump. For participants in a unique Washington Post experiment, that gap has also shown up in their TikTok feeds. The findings shed light on how TikTok is shaping the way American adults, especially younger ones, get their news, and what they see about politics.
Nearly a Decade After Pleading Guilty, ‘Fat Leonard’ Is Sentenced in Massive Navy Bribery Scandal
MSN – Alex Riggins (San Diego Union-Tribune) | Published: 11/5/2024
The Malaysian contractor known as “Fat Leonard,” who bribed dozens of high-ranking U.S. Navy officers in the Navy’s worst-ever corruption scandal, was sentenced to 15 years in prison. Leonard Francis, who was arrested in September 2013 during a sting operation that lured him to San Diego, pleaded guilty in 2015 to charges of bribery, conspiracy to commit bribery, and conspiracy to defraud the United States. Francis also pleaded guilty to a charge related to his flight from custody and failure to appear for his previously set sentencing in 2022.
Donald Trump Wins Presidential Election, Defeating Harris to Retake White House
MSN – Isaac Arnsdorf and Josh Dawsey (Washington Post) | Published: 11/6/2024
Donald Trump was elected the nation’s 47th president, returning to the White House after a criminal conviction and two impeachments by riding a wave of voter dissatisfaction. To Trump and his supporters, retaking power after failing to overturn his 2020 election loss, inspiring a deadly attack on the U.S. Capitol, and withstanding two impeachments, four criminal indictments, a conviction, and two assassination attempts represents a major vindication for their cause.
Republicans Take Back Senate Control
MSN – Liz Goodwin (Washington Post) | Published: 11/5/2024
Republicans regained control of the Senate after winning two crucial races, boosted by Donald Trump’s presidential win. GOP control will boost Trump’s ability to enact his agenda, as well as to staff his administration. Many crucial Cabinet and judicial appointments require Senate confirmation.
States Projected to Approve Measures Restricting Noncitizens from Voting
MSN – Patrick Marley, Praveena Somasundaram, and Nick Miroff (Washington Post) | Published: 11/5/2024
Voters in several states were on track to adopt provisions by wide margins that further restrict voting by noncitizens, who are already ineligible to cast ballots in state and federal elections. Republicans pressed for the measures in eight states as Donald Trump and his supporters contended without evidence that noncitizens vote in significant numbers. They said their efforts would help ward off noncitizen voting in state and federal elections and prevent local officials from allowing noncitizens to participate in municipal or school elections. Nineteen communities around the country allow noncitizens to vote in such elections.
Trump’s Win Is a Huge Legal Victory, too. His Trials Will Mostly Vanish.
MSN – Shayna Jacobs, Perry Stein, Holly Bailey, and Spencer Hsu (Washington Post) | Published: 11/6/2024
Donald Trump’s election victory ensures his lawyers will seek to delay his upcoming sentencing hearing in Manhattan, where he was convicted of falsifying business records to conceal from voters from voters a hush money payment. Such a request would trigger a discussion about how the judge should proceed with the historic case – the first trial of a former president, who now is now president-elect. Trump vowed as a candidate to “fire” special counsel Jack Smith, who brought two federal cases against him. Prosecutors in Georgia will struggle to go forward with trying him for attempting to overturn the state’s 2020 election results.
Jan. 6 Riot Defendants Celebrate Trump’s Election, Angle for Pardons
MSN – Spencer Hsu, Tom Jackman, and Dan Rosenzweig-Ziff (Washington Post) | Published: 11/6/2024
Some defendants charged in the Capitol attack reacted to Donald Trump’s election victory with elation, as their defense lawyers began taking steps to delay trials or sentences in ongoing cases in anticipation of presidential pardons or more lenient treatment from a reshaped Justice Department. Trump has made pardoning January 6 defendants a signature campaign promise. He has not made clear who among the group of 1,500-plus people charged would receive pardons, though he has declined to rule out anyone, including members of extremist groups whose leaders were convicted of seditious conspiracy.
Republicans Make Major Gains in Control of State Governments
Yahoo News – Kevin Hardy (Stateline) | Published: 11/7/2024
Republicans won the White House on November 5 and strengthened their hold on state governments across the country. Before the election, the GOP controlled 57 state legislative chambers, while Democrats controlled 41 (Nebraska’s unicameral Legislature is nonpartisan). Republicans defended or expanded their control in several state capitols and won the only closely contested gubernatorial race with the election of former U.S. Sen. Kelly Ayotte as New Hampshire’s next governor.
From the States and Municipalities
Arizona – Campaign Finance Laws Make Funding of Election Challenges Murky
Arizona Capitol Times – Kiera Riley | Published: 11/1/2024
Funds fueling state candidate election challenges remain shrouded by Arizona’s campaign finance code, while congressional candidates’ funding is made fairly transparent by the FEC. A gap in reporting requirements between state and federal campaign finance laws has not drawn much ire from either side of the aisle beyond some raised eyebrows on who is financing litigation from last cycle and is still active well into 2024.
California – Real Estate Consultant Chiang Avoids Prison in Huizar’s LA City Hall Pay-to-Play Scheme
Daily Breeze – City News Service | Published: 11/5/2024
A real estate development consultant was sentenced to home detention and community service, but no prison time, for his role in the pay-to-play scheme at City Hall tied to now-imprisoned ex-City Councilperson Jose Huizar’s approval of large building projects in Los Angeles. George Chiang was also ordered to pay the maximum fine of $250,000. Because of his cooperation in the investigation, Chiang received a far lighter penalty than the 20 years in prison the charge carried, court papers show.
California – Measure OO: Effort to beef up Oakland’s public ethics commission leads comfortably
Local News Matters – Kiley Russell (Bay City News Service) | Published: 11/6/2024
Oakland’s Measure OO, designed to strengthen and update the city’s Public Ethics Commission (PEC), was ahead with about 72 percent of the vote based on early returns. The ballot measure would change the qualifications for the PEC, tighten rules governing lobbyist gifts to elected officials, add one more investigator to the commission’s staff, and authorize the PEC executive director to hire outside lawyers on issues where the city attorney has a conflict-of-interest, among other things.
California – Mark Farrell Hit with One of the Largest Ethics Fines on Eve of S.F. Mayoral Election
MSN – Michael Barba (San Francisco Chronicle) | Published: 11/4/2024
Mayoral candidate Mark Farrell is set to pay $108,000, the largest settlement in San Francisco Ethics Commission history, for campaign finance law violations. The agreement stems from Farrell launching a committee to support a ballot measure that has shared payroll and other expenses with his mayoral campaign. Unlike his mayoral campaign, Farrell’s ballot measure committee could accept donations beyond the $500 per person limit. An investigation found the committee repeatedly overpaid his mayoral campaign for their shared expenses.
California – Former 49ers Lobbyist’s Testimony Implicates Santa Clara Councilman in Grand Jury Leak
MSN – Lance Williams (San Francisco Chronicle) | Published: 11/6/2024
The San Francisco 49ers’ former top lobbyist testified Anthony Becker, the 2022 candidate for mayor of Santa Clara the team supported, leaked to him a confidential grand jury report that was sharply critical of the 49ers’ heavy involvement in local politics. Rahul Chandhok’s testimony implicated Becker on both a misdemeanor charge of mishandling an official document and perjury, for lying under oath in an ensuing investigation into how the leak occurred.
California – Former Huizar Associate Sentenced to Six Months Home Detention
The Eastsider LA – City News Service | Published: 11/4/2024
A longtime lobbyist and former City Hall official was sentenced to six months’ home detention for conspiring with now-imprisoned ex-Councilperson José Huizar in a bribery scheme. Morrie Goldman was also ordered to pay a $60,000 fine. Goldman pleaded guilty to a felony count of conspiring to commit bribery and honest services mail fraud in the government’s investigation of corruption at City Hall.
Colorado Sun – Mark Jaffe | Published: 11/5/2024
Colorado utility regulators, using the mandates in a 2023 law. are looking to carve lobbying fees, trade association dues, and investor relations costs from Xcel Energy rate requests. In a current gas rate case, more than $775,000 in such costs were disallowed. The figure in the future could be a lot higher based on the Colorado Public Utilities Commission decision in October ordering Xcel Energy to remove all investor relations costs, including a portion of executive salaries, from its calculations of costs passed on to customers.
Connecticut – CT’s Election Watchdog Agency Is Investigating 214 Cases, One Going Back 10 Years. What’s Taking So Long?
Stamford Advocate – Jacqueline Rabe Thomas and Ken Dixon | Published: 11/2/2024
Ten years have passed since Thomas Banisch filed a complaint with the state watchdog agency responsible for investigating and enforcing Connecticut’s election laws. The complaint alleging Ted Kennedy Jr. illegally raised $130,000 in his run for state Senate has yet to be resolved by the Connecticut State Elections Enforcement Commission. The database used to track the progress and status of election complaints shows dozens of others have been open for over a year. Nearly half the investigations the agency has closed over the last decade took at least a year to complete.
Delaware – Sarah McBride Wins Delaware Congressional Seat, Becomes First Transgender Rep in US History
MSN – Xerxes Wilson (Delaware News Journal) | Published: 11/5/2024
State Sen. Sarah McBride will be Delaware’s next representative in Congress, becoming the first transgender person elected to federal office in the history of the United States. She said her victory also sends a policy message, emphasizing her goals in Congress, that housing and healthcare be available to all, protecting reproductive freedom, and guaranteeing paid leave. McBride gained national attention when she became the first openly trans person to speak at the Democratic National Convention in 2016.
District of Columbia – Contractor at Center of Bribery Scandal Dropped from Sports Gambling Deal
MSN – Jenny Gathright (Washington Post) | Published: 11/4/2024
The District of Columbia halted more work with one of the contractors at the center of a federal investigation into Council member Trayon White Sr. District Services Management was dropped from a sports gambling subcontract, one of many government awards the company had received before its founder pleaded guilty to bribing a city official.
Florida – A Lobbyist Was Cited by the Ethics Commission; Now He’s Suing and Wants to Clear His Name
MSN – Mike Diamond (Palm Beach Post) | Published: 11/1/2024
Lobbyist Ron Book was cited for failing to cash checks from Palm Beach County Commissioner Sara Baxter for a ride on his private jet to Tallahassee to attend the inauguration of Gov. Ron DeSantis in 2023. Book’s lawyer argues a new state law should be applied retroactively, a move that would prevent the county’s Ethics Commission from pursuing the complaint. The new law adds time limits to the length of ethics investigations, requires sworn affidavits to launch complaints, and bans second-hand knowledge from being used in investigations.
Florida – In Miami-Dade, Christian Ulvert Helps Candidates win Elections and Developers Win Deals
Yahoo News – Douglas Hanks (Miami Herald) | Published: 11/1/2024
Christian Ulvert became prominent in local political circles for his work running campaigns for Democratic candidates in Miami-Dade County. Though not a registered lobbyist, he also works as a communications consultant for private-sector clients, advising developers and others seeking favorable decisions from Mayor Daniella Levine Cava and favorable votes from the county commission, where Ulvert has three campaign clients. The two sides of Ulvert’s business give him an enviable advantage as a paid consultant.
Louisiana – Supreme Court Will Hear Louisiana Map Case That Could Impact Black Voters
MSN – Justin Jouvenal (Washington Post) | Published: 11/4/2024
The U.S. Supreme Court agreed to hear a complex dispute over how Louisiana draws congressional maps that could affect the power of Black voters in the state and the balance of power in Congress. The case will not impact the 2024 election since it will not be decided for months, but legal experts said it could have significant ramifications for how states consider race in drawing congressional districts to comply with the Voting Rights Act and therefore could impact future elections.
Louisiana – Louisiana Ethics Board Tells State Racing Commission Director He Can Still Own Racehorses – for Now
Yahoo News – Julie O’Donoghue (Louisiana Illuminator) | Published: 11/5/2024
The Board of Ethics told the state’s new racing commission executive director that his racehorses can continue to compete in Louisiana, at least until he needs a new license in 2026. Stephen Landry became the Louisiana Racing Commission’s top staff member in March after Gov. Jeff Landry appointed new members to the board. Stephen Landry, who is not related to the governor, owns a third of two racehorses and half of another.
Louisiana – Private Calls and Campaign Cash: Louisiana regulators’ ties to the utilities they oversee
Yahoo News – Pam Radtke, Mario Alejandro Ariza, and Miranda Green (Floodlight) | Published: 11/3/2024
The Louisiana Public Service Commission (PSC) is one of the few in the nation where there are no restrictions on when, where, and how often commissioners can communicate with the utilities they regulate. Residents and small businesses have almost no sway over the PSC, compared to utilities and big industrial power customers, said Logan Atkinson Burke, executive director of the Alliance for Affordable Energy. Over the last decade, nearly 43 percent, or about $3.5 million, of $250 and over campaign contributions to Louisiana commissioners came from utilities, energy-related businesses, and their attorneys and lobbyists.
Louisiana – Louisiana Lawmaker Asks AG to Investigate Ethics Board Over Alleged Open Meetings Violation
Yahoo News – Julie O’Donoghue (Louisiana Illuminator) | Published: 11/6/2024
State Rep. Beau Beaullieu is asking the attorney general to investigate the Louisiana Board of Ethics for violations of government transparency laws. He alleges the ethics board is using an illegitimate and secretive process to hire a new state ethics administrator, the board’s most important employee. Republican legislative leaders had asked the board in October to hold off on picking a new administrator until January, when most of the board will be stacked with new appointees from Gov. Jeff Landry and the Legislature.
Maine Monitor – James Keefe | Published: 11/3/2024
State Supreme Judicial Court Justice Catherine Connors is facing disciplinary proceedings, a first for a sitting Maine high court justice, because she did not recuse herself from two foreclosure appeals before the court. While Connors could be the first Maine justice to be disciplined, two different committees of legal experts disagreed on whether her recusal was necessary.
Maine – Mainers Vote to Reform Campaign Finance, Open Path for Supreme Court to Weigh In
Maine Morning Star – Emma Davis | Published: 11/6/2024
Maine voters passed Question 1, which would limit individuals and other entities to contributing $5,000 per year to PACs that make independent expenditures for or against candidates. These donations are currently unlimited under state law. Question 1 is likely to face legal challenges. Representatives of Maine Citizens for Clean Elections worry it is a long shot at best and, at worst, could open an opportunity for the U.S. Supreme Court to instead loosen campaign finance restrictions.
Massachusetts – MassLandlords Sues Boston, Says City Withheld Public Records to Protect Mayor Wu, Hide Unlawful Rent Control Lobbying
MSN – Gayla Cawley (Boston Herald) | Published: 11/4/2024
A trade association for Massachusetts landlords is in a legal battle with Boston over public records it says the city withheld to hide unlawful lobbying from housing advocates that influenced the mayor’s stalled rent control plan. Douglas Quattrochi, executive director of MassLandlords, alleges in an affidavit that the city failed to produce 10 documents he believes to exist around the formation of the city’s Rent Stabilization Advisory Committee.
Mississippi – Jackson Bribery Scandal: Mayor Lumumba indicted, calls it ‘political prosecution’
MSN – Charlie Drape (Jackson Clarion Ledger) | Published: 11/6/2024
Jackson Mayor Chokwe Antar Lumumba was indicted by a federal grand jury in a bribery scandal. City Councilperson Angelique Lee pleaded guilty to conspiracy to commit bribery in August, after accepting bribes from two undercover FBI agents posed as Nashville real estate developers. Court documents show Lumumba directed a city employee to move up a deadline for the city’s hotel project near the Jackson Convention Complex. Lumumba agreed to move the deadline after accepting $10,000 for his “reelection committee,” which was given to him as a check to hide the real source of the funding – the Nashville “developers.”
Nevada – Nevada Politicians Can Spend Donor Cash Outside the Campaign
Las Vegas Review-Journal – Eli Segall | Published: 11/4/2024
When Joe Lombardo gave $5,000 from his campaign account to a PAC, the future Nevada governor thought he was helping pay for the statue of a fallen Las Vegas police officer. The money was instead used by former Las Vegas Councilperson Michele Fiore to pay her rent. Fiore was recently convicted of wire fraud for diverting contributions to personal use, though donations like Lombardo’s, which came into focus during Fiore’s trial, are legal in Nevada.
New Hampshire – A New Campaign Finance Law Is Allowing Record-Breaking Spending in NH Governor’s Race
Yahoo News – Ethan DeWitt (New Hampshire Bulletin) | Published: 11/1/2024
In her quest for the New Hampshire governor’s office, Kelly Ayotte is breaking financial records. As of October 30, the former U.S. senator has raised $21 million into her personal campaign fund since running for the office and spent nearly $19 million of it. Seventy percent comes from a single PAC and none of those transactions can be traced to individual donors. The strategy is the direct result of a 2023 law that removes limits on donations to candidates from PACs. And after recent validation from the attorney general’s office, the Ayotte campaign’s application of the law could become common practice in future elections.
Yahoo News – Colleen Heild (Albuquerque Journal) | Published: 11/1/2024
New Mexico Sen. Jerry Ortiz y Pino tapped his campaign account in 2021 to make a $200 donation for a high school student’s summer workshop. The expenditure was subsequently deemed illegal under the state’s Campaign Reporting Act, but a federal judge decided the ban on charitable donations to individuals was itself problematic. District Court Judge Margaret Strickland halted, at least for now, any enforcement of the provision by the New Mexico Secretary of State’s Office.
New York – NYC Mayor Eric Adams Gets April 2025 Trial Date as His Lawyers Fight to Get Bribery Charge Tossed
MSN – Jake Offenhartz and Michael Sisak (Associated Press) | Published: 11/2/2024
New York City Mayor Eric Adams’ federal corruption trial will begin April 21, 2025, a judge ruled, right in the thick of his promised reelection campaign. Adams’ lawyers are fighting to throw out a bribery charge, one of five counts against the first-term mayor. They argued the charge does not meet the U.S. Supreme Court’s recently narrowed threshold for the crime and should not apply to Adams because it involves allegations dating to before he became mayor.
New York – Eric Adams Aide Overrode Internal Scoring System to Award Contract to Major Donor
Yahoo News – Joe Anuta (Politico) | Published: 10/30/2024
A close friend of New York City Mayor Eric Adams disregarded an official scoring system for a bidding process he oversaw through his role controlling municipal real estate deals. Instead that friend, Jesse Hamilton, overruled the process altogether and steered a lucrative contract away from the initial winner and to a major mayoral donor. Hamilton’s role in the deal was the subject of a city council hearing as lawmakers grilled his boss about that and other suspected corruption at the Department of Citywide Administrative Services.
Ohio – Issue 1 Fails Big in Ohio Despite Massive Money Advantage
MSN – Jessie Balmert and Laura Bischoff (Columbus Dispatch) | Published: 11/6/2024
Ohio voters rejected Issue 1, choosing to stick with the status quo instead of setting up a new citizen commission to draw congressional and state legislative districts. Ohio will continue to use its current redistricting method led by state lawmakers and a commission of seven elected officials. Ohio will keep its current state legislative maps through 2030 but the congressional map, approved without Democratic support, will be redrawn next year for the 2026 election.
Pennsylvania – Pennsylvania Judge Denies Attempt to Stop Musk’s $1 Million Voter Giveaways
MSN – Trisha Thadani and Annabelle Timsit (Washington Post) | Published: 11/5/2024
Elon Musk’s pro-Donald Trump political group can continue for now with its $1 million a day giveaway to voters, after a state judge in Philadelphia denied an attempt by the city’s district attorney to block it. Judge Angelo Foglietta declined to issue an injunction against America PAC. Philadelphia District Attorney Larry Krasner filed the suit against Musk and his super PAC, alleging the daily $1 million giveaways violated state laws regulating lotteries and protecting consumers.
Rhode Island – Facing Questions, McKee Pays Lobbyist for Legal Help with ILO Probe
MSN – Eli Sherman (WPRI) | Published: 11/4/2024
Gov. Dan McKee’s has now paid a powerful statehouse lobbyist he hired earlier this year to help him navigate an ethics investigation amid questions about a potential conflict-of-interest. Gubernatorial spokesperson Laura Hart said the governor paid Dome Consultants lobbyist William Murphy an undisclosed amount of money. McKee hired the influential lobbyist as private counsel to advise him on how to handle a request from the attorney general’s office for an interview as a criminal probe into the state contract was coming to close.
Texas – U.S. Rep. Henry Cuellar Secures Another Term as Criminal Trial Looms
Yahoo News – Matthew Choi (Texas Tribune) | Published: 11/6/2024
U.S. Rep. Henry Cuellar secured an 11th term representing his South Texas congressional district despite a federal indictment accusing him of a litany of corruption allegations. He and his family are synonymous with political power in Laredo, whose airport has a terminal that bears his name. Cuellar faces a criminal trial after the Justice Department indicted him on a series of charges alleging bribery, money laundering, and working on behalf of the Azerbaijani government and a Mexican bank.
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