News You Can Use Digest - September 20, 2024 - State and Federal Communications

September 20, 2024  •  

News You Can Use Digest – September 20, 2024

National/Federal

In New York Case, Signs of a Familiar China Playbook

DNyuz – David Pierson (New York Times) | Published: 9/16/2024

Before Linda Sun, a former senior aide in the New York governor’s office, was charged with using her position benefit the Chinese government, suspected cases of Chinese foreign meddling had been on the rise in Western democracies. The intelligence work is focused on influencing political discourse so that it leans more favorably toward China’s positions on contentious issues like the status of Taiwan. China’s attempts to interfere with Western democracies are likely to grow more acute as relations between Beijing and the West fray, said Anne-Marie Brady, a political scientist at the University of Canterbury in New Zealand.

How Roberts Shaped Trump’s Supreme Court Winning Streak

DNyuz – Jodi Kantor and Adam Liptak (New York Times) | Published: 9/15/2024

In a momentous trio of January 6-related cases last term, the U.S. Supreme Court found itself more entangled in presidential politics than at any time since the 2000 election, even as it was contending with its own controversies related to that day. Chief Justice John Roberts responded by deploying his authority to steer rulings that benefited Donald Trump, according to a New York Times examination that uncovered new information about the court’s decision making.

Violent Threats and Attacks Escalate Tensions in Trump-Harris Race

MSN – Hannah Knowles and Hannah Allam (Washington Post) | Published: 9/17/2024

The 2024 election season has been repeatedly marked by extraordinary acts and threats of violence that have become a more contentious issue in the presidential race, escalating tensions in an already heated political environment and prompting heightened security measures at events with seven weeks of campaigning left to go. While the country’s history includes examples of violence upending campaigning and governance, this year’s race stands out from others in recent memory, experts said, with some long-simmering fears of violent acts breaking into the open.

The Rush to Get Close to Kamala Harris and Her Inner Circle Is On

MSN – Hailey Fuchs (Politico) | Published: 9/19/2024

Lobbyists are scrambling to figure out Kamala Harris. Lobbyists spent decades cultivating ties with President Biden’s inner circle; Harris has spent less than eight years in Washington. During her time as a U.S. senator, Harris’ office was seen as either ambivalent to or dismissive of the requests of corporate interests. During her years as vice president, she was seen as superfluous to the core policymaking process. But K Street is now setting its sights on the new Democratic ticket-leader and rushing to catch up on years of relationship-building.

Abortion Foes Use Government Power to Fight Red-State Ballot Measures

MSN – Molly Hennessy-Fiske, Lori Rozsa, and Annie Gowan (Washington Post) | Published: 9/12/2024

An unprecedented number of abortion initiatives are on state ballots this November, nearly all seeking to protect reproductive rights, but opponents are trying to defeat them even before the start of voting through legal challenges, administrative maneuvers, and critics say, outright intimidation. In part, the intensity reflects what is at stake. Since the fall of Roe v. Wade in 2022, every ballot measure put before voters has been approved, including in red states like Ohio. Those seeking to restrict abortion access have failed, even in conservative Kansas.

Vance Amplifies False Claims About Haitian Migrants in Ohio

MSN – Sarah Ellison, Mariana Alfaro, and Lisa Rein (Washington Post) | Published: 9/15/2024

Soon after his unsubstantiated comments on Haitian immigrants in Springfield, Ohio, sparked a national firestorm and spurred violent threats in the town, U.S. Sen. JD Vance doubled down on his baseless claims that Haitians are eating their neighbors’ pets “to draw attention to the Biden-Harris immigration policies.” In a contentious interview on CNN, Vance said if he has to “create stories so that the American media actually pays attention to the suffering of the American people, then that’s what I’m going to do.”

How This Lawsuit Against the IRS Aims to Allow Churches a Greater Role in Politics

MSN – Angele Latham (Nashville Tennessean) | Published: 9/16/2024

A federal rule bans tax-exempt organizations organized under 501(c)(3) of the tax code from “directly or indirectly” participating in politics, specifically in endorsing or opposing candidates. A lawsuit filed by Chistian groups challenges the rule by alleging their speech has been “wrongfully silenced.” Although the IRS often sets churches to 501(c)(3) status by default, the churches in the complaint would likely receive the political benefits they are seeking if they switched registration to 501(c)(4) but the move would mean losing their tax benefits, said Jennifer Safstrom, a professor at Vanderbilt Law School.

From the States and Municipalities

Canada – Affordable Housing Advocate Penalized for Not Registering as a Lobbyist with City of Hamilton

CBC – Samantha Beattie | Published: 9/18/2024

One of Hamilton’s most vocal affordable housing advocates is being penalized for not registering as a lobbyist with the city before contacting officials on dozens of occasions and in some instances requesting land or money for projects. Graham Cubitt is not allowed to lobby with any city staff or elected officials for 30 days, said lobbyist registrar David Boghosian, who is also the city’s integrity commissioner.

Arizona – Chandler Council Member, Accused of Corruption, Seeks Millions … from Chandler

Bears Wire – Sam Kmack (Arizona Republic) | Published: 9/14/2024

A sitting Chandler City Council member is suing the city she represents, seeking millions of dollars for slander because the city falsely divulged the FBI was investigating her for political corruption. Jane Poston claims former police Chief Sean Duggan and current Assistant Chief Dave Ramer defamed her, caused her emotional distress, and harmed her private public relations company.

Arizona – Court May Decide If Arizonans with Missing Citizenship Records Can Vote in State Races

MSN – Yvonne Wingett Sanchez and Patrick Marley (Washington Post) | Published: 9/17/2024

A key election official in Arizona’s Maricopa County asked the state’s highest court to prohibit nearly 100,000 longtime residents from voting in state and local races this fall after discovering the state has no record of asking them for documents proving their U.S. citizenship. Like other states, Arizona requires voters to swear they are citizens when they register to vote. But for 20 years, Arizona law has gone further and required residents to show birth certificates, naturalization papers, or other documents proving citizenship to vote in state and local elections.

California – Oakland Ethics Commission Declines Proposed Settlement with Libby Schaaf

MSN – Eli Wolfe (Oaklandside) | Published: 9/17/2024

The Oakland Public Ethics Commission rejected the advice of its staff by refusing to settle a sprawling set of campaign finance cases involving violations by former Oakland Mayor Libby Schaaf. Several commissioners said they feel the proposed settlement negotiated by commission staff and Schaaf’s attorney does not transparently show how much Schaaf and others will be fined for breaking multiple election rules. The commission met to consider five cases that involved Schaaf and others ranging from the Oakland Chamber of Commerce’s PAC, the Oakland police union, contractors, campaign consultants, and political groups.

California – California Legislature’s Unwritten Rule: Negotiate in secret with lobbyists, not in public

MSN – Ryan Sabalow (CalMatters) | Published: 9/18/2024

An analysis of every vote cast in the past five years shows Democrats who control the California Legislature vote “no” on average less than one percent of the time, suggesting the fates of most bills are decided before votes are cast. The original language in almost all bills that navigate the legislative process is usually changed through amendments added in committees. That can be a high-stakes discussion done in secret between legislators and staff and lobbyists. When there are political consequences or money is involved, the governor’s office or legislative leaders can also shape bills behind the scenes.

California – California Passes Package of Laws to Combat Election Deepfakes

MSN – Felix Ng (Cointelegraph) | Published: 9/17/2024

California Gov. Gavin Newsom signed into law bills to crack down on politically themed Artificial Intelligence (AI) deepfakes during elections. It comes only weeks after Elon Musk re-posted a parody of a Kamala Harris campaign ad on X that garnered millions of views and used AI-powered voice manipulation to make it seem Harris called herself an incompetent presidential candidate.

California – San Jose Councilmembers Team Up to Lobby City

San Jose Spotlight – Brandon Pho | Published: 9/16/2024

San Jose City Councilperson Sergio Jimenez is jumping into the elected official to lobbyist pipeline. He has formed a new consulting firm before terming out of his council seat at the end of this year. Joining him is former Councilperson Raul Peralez, a San Jose police officer who started his own consulting business after leaving office. It is the latest instance of the city’s “revolving door” through which government officials become paid lobbyists, which has prompted concern over the years about unfair deal making advantages.

California – Silicon Valley Political Groups Fail to Meet Transparency Requirements

San Jose Spotlight – Brandon Pho | Published: 9/14/2024

Nearly 40 campaign committees in Santa Clara County failed to file transparency reports by legal deadlines since 2018, in many cases even after receiving two written warnings. Nearly 30 of those committees have been flagged to county prosecutors and state watchdogs for investigation. For candidates who are new to politics, missed deadlines are an inevitable learning curve. But experts argue more experienced elected officials and candidates who should be well acquainted with the rules are likely ignoring them.

Colorado – Utilities Have to Itemize Some Political Spending in Other States. They Want Regulators to Keep It Secret in Colorado

Colorado Public Radio – Ishan Thakore | Published: 9/17/2024

Colorado lawmakers passed the Utility Regulation Act following a spike in energy bills. The law prevents investor-owned utilities from charging customers for a broad set of political activities, including meetings with lawmakers to influence legislation, some types of advertising, and membership dues to lobbying groups. The law requires utilities to submit an annual report about their spending. But lawmakers left it to regulators to determine much of the law’s fine print, including how much detail utilities must include in the report. Consumer advocates and utilities are now fighting over the scope of the law.

Florida – Ethics Commission: Lobbyist never cashed Baxter’s reimbursement checks for trip, VIP dinner

Austin American-Statesman – Mike Diamond (Palm Beach Post) | Published: 9/18/2024

The Palm Beach County Commission on Ethics cited lobbyist Ron Book for failing to cash checks totaling $600 from county Commissioner Sara Baxter for a ride on his private jet to Tallahassee to attend the inauguration of Gov. Ron DeSantis in January 2023. Sitting on the checks after 90 days of receiving them turned the trip and the dinner into gifts, which means Baxter had to report them as such, and she did not. The commission has not charged Baxter with any wrongdoing but the ethics agency is investigating her, too.

Florida – Trial Begins in Alleged Florida Election Conspiracy That Tilted a Miami Senate Race

MSN – Charles Rabin (Miami Herald) | Published: 9/15/2024

A criminal case that opened a window to a plot to help Republicans win important 2020 Florida Senate races by propping up fake progressive candidates with shadowy money is finally headed to trial, with a political operative fighting the charges. State prosecutors are expected to claim in court that former state Sen. Frank Artiles, a Republican, masterminded a scheme to tilt the results of a tight race in Miami by recruiting and paying a straw candidate to siphon votes away from the Democratic incumbent.

Georgia – Georgia Lieutenant Governor Won’t Face Charges Connected to 2020 Election

MSN – Holly Bailey (Washington Post) | Published: 9/13/2024

A special prosecutor concluded criminal charges should not be brought against Lt. Gov. Burt Jones for his role in helping Donald Trump overturn his election loss in Georgia. Jones faced scrutiny because he was one of 16 state Republicans who signed a certificate falsely claiming Trump won Georgia in 2020 and declaring themselves to be the “duly elected and qualified electors from Georgia.” As a state senator, Jones also sought to convene a special session of the Legislature aimed at reversing Joe Biden’s narrow victory in the state.

Georgia – Judge in Georgia Election Case Knocks Out 2 Charges Against Trump

MSN – Josh Gerstein (Politico) | Published: 9/12/2024

A judge overseeing the Georgia case charging Donald Trump with conspiring to interfere in the 2020 election tossed out three more of the prosecution’s charges, two of which involve the former president. Fulton County Superior Court Judge Scott McAfee said the three counts were legally flawed because they involved claims that Trump or his allies violated state law by submitting fraudulent documents to a federal court in Atlanta.

Illinois – City Council Cracks Down on Lobbyist Campaign Donations to Mayor after Johnson Took Contributions

WBEZ – Tessa Weinberg | Published: 9/18/2024

The Chicago City Council passed an ethics ordinance aimed at sanctioning lobbyists for contributions to mayoral candidates after Mayor Brandon Johnson dropped his opposition to the plan. The penalties close an enforcement gap in a 13-year-old ethics rule put in place by former Mayor Rahm Emanuel that prohibits lobbyists from donating to a mayor’s political fund. The reform broadens the original ban by expanding the restrictions to contributions made to mayoral candidates’ political committees, not just the incumbent mayor’s.

Kentucky – Complaint Filed Against a Top Kentucky Democrat for Condo Purchase. She Says It’s Ethical.

Yahoo News – Austin Horn (Lexington Herald-Leader) | Published: 9/16/2024

An ethics complaint was filed against House Minority Caucus Chairperson Cherlynn Stevenson for jointly purchasing a Frankfort condominium with a lobbyist. But Stevenson has copies of correspondence with the Kentucky Legislative Ethics Commission, the body that handles such complaints, clearing her to purchase the condo with Sarah Bowling earlier this year.

Nebraska – Nebraska Accountability and Disclosure Commission Seeks New Director as Hunter Steps Back

Nebraska Examiner – Aaron Sanderford | Published: 9/16/2024

The Nebraska Accountability and Disclosure Commission needs a new executive director about a year after promoting a leader from within. David Hunter asked to return to his previous job as deputy director for personal reasons, officials said. Hunter succeeded Frank Daley, who retired after a quarter century as executive director.

New Jersey – Atlantic City Mayor and Wife Indicted for Alleged Child Abuse

MSN – Daniel Han (Politico) | Published: 9/18/2024

Atlantic City Mayor Marty Small Sr. and his wife, who is the city’s superintendent of schools, face criminal charges for allegedly abusing their teenage daughter. According to prosecutors, Small Sr. and La’Quetta Small physically assaulted their daughter, who was 15 to 16 years old during the time of the alleged abuse. Small Sr. is the latest Atlantic City elected official to face criminal charges.

New Mexico – Judge Orders ‘Dark Money’ Group Back to Court for Failure to Register, Disclose Donors

Yahoo News – Daniel Chacón (Santa Fe New Mexican) | Published: 9/16/2024

A judge is considering holding a “dark money” group in contempt for failing to comply with an order to register as a political committee and disclose its donors. The New Mexico Project aims to “empower the moderate Latino electorate,” according to its website, and supported a slate of legislative candidates in the Democratic primary. Judge Joshua Allison issued a preliminary injunction requiring the group to register no later than September 4 and report its expenditures and contributions no later than September 9. The group has done neither.

New York – Ex-FDNY Chiefs Indicted on Federal Bribery Charges in ‘Pay-to-Play Corruption’ Scheme

Gothamist – Matt Katz and Elizabeth Kim | Published: 9/16/2024

Two former New York Fire Department chiefs accepted at least $190,000 in bribes in exchange for fast-tracking approvals of buildings’ fire alarm systems, according to an indictment. Anthony Saccavino and Brian Cordasco were the top two chiefs at the department’s bureau of fire prevention, which issues approvals for alarm and suppression systems in businesses and buildings. According to the indictment, from 2021 to 2023 they worked through a retired firefighter who, acting as a middleman, promised to expedite reviews and inspections in exchange for cash.

New York – Mayor Adams’ Team Asked Campaign Watchdog for More Time – Citing Federal Investigation

Gothamist – Brigid Bergin | Published: 9/12/2024

Mayor Eric Adams’ team wrote in a letter to New York City’s campaign finance watchdog that the campaign needed more time to respond to questions about apparent sloppy recordkeeping because its lawyer was too busy dealing with a federal inquiry. The Campaign Finance Board granted multiple deadline extensions to respond to an audit of Adams’ 2021 mayoral campaign. The audit sought additional documentation for $2.3 million in expenses.

New York – Mayor Adams’ Chief Counsel Lisa Zornberg Resigned Over Rebuffed Advice to Fire Officials Amid Probe

MSN – Chris Sommerfeldt (New York Daily News) | Published: 9/16/2024

Lisa Zornberg, New York City Mayor Eric Adams’ former chief counsel, resigned after the mayor rejected her advice to fire several top administration officials ensnared in federal corruption investigations, according to two sources familiar with the matter. Zornberg presented Adams with the recommendation for firings after concluding an internal review of Ray Martin, a lower-level aide in the mayor’s Community Affairs Unit, the sources said.

New York – New York City Police Commissioner Resigns After His Phone Was Seized in Federal Investigation

Yahoo News – Jake Offenhartz and Michael Sisak (Associated Press) | Published: 9/12/2024

New York City Police Commissioner Edward Caban resigned, one week after it emerged his phone was seized as part of federal investigation that touched several members of Mayor Eric Adams’ inner circle. Federal authorities are also investigating Caban’s twin brother, James Caban, a former police sergeant who runs a nightclub security business, according to a person familiar with the matter.

Ohio – SEC Sues Ex-FirstEnergy CEO Jones; Conspiracy Charge Brought Against Him, Ex-Exec Dowling

MSN – Patrick Williams (Akron Beacon Journal) | Published: 9/13/2024

Two former FirstEnergy executives were indicted \on an additional conspiracy charge for their alleged roles in a “pay-to-play” scheme. The indictment also included amended charges against former Chief Executive Officer Chuck Jones and former Senior Vice President of External Affairs Michael Dowling. As part of a separate lawsuit, the U.S. Securities and Exchange Commission filed a complaint against Jones, alleging he misled investors about the utility’s payments to former Ohio House Speaker Larry Householder in a “pay-to-play” scheme.

Ohio – Ohio Sheriff Says to ‘Write Down’ Addresses of Homes with Harris Signs

MSN – Praveena Somasundaram (Washington Post) | Published: 9/16/2024

A sheriff in Ohio who made disparaging remarks about Vice President Kamala Harris and immigrants on social media is suggesting local residents compile a list of addresses where they see yard signs in support of the Democratic presidential nominee. Sheriff Bruce Zuchowski’s Facebook posts sparked tension across Portage County, which Donald Trump carried by 12 points in the 2020 election. Some residents accused Zuchowski of voter intimidation ahead of November’s election.

Ohio – Ohio Supreme Court Clears Ballot Language Saying Anti-Gerrymandering Measure Calls for the Opposite

MSN – Julie Carr Smyth (Associated Press) | Published: 9/16/2024

The Ohio Supreme Court let stand ballot language that will describe this fall’s Issue 1 as requiring gerrymandering, when the proposal is intended to do the opposite. The bipartisan proposal calls for replacing Ohio’s troubled political map-making system with a citizen-led commission of Republicans, Democrats, and independents. The proposal emerged after seven different versions of congressional and legislative maps created after the 2020 Census were declared unconstitutionally gerrymandered to favor Republicans.

Oklahoma – Ethics Questions Swirl as Oklahoma Lawmaker Stands to Profit from Potential Solar Farm in His District

KOSU – Lionel Ramos | Published: 9/17/2024

Oklahoma Rep. Justin Humphrey met with about a dozen landowners in his district to discuss a deal. He said a company was looking to buy 5,000 of land to build a solar farm.  Humphry also acknowledged he and his brothers were selling land they owned in the proposed deal. State ethics rules say lawmakers cannot negotiate business deals in their district that they or their family would benefit from, especially if there is legislation involved. The same state rules prohibiting Humphrey’s behavior also protect officeholders from formal complaints during an election season.

Oklahoma – Campaign Funds Can Now Be Used by Oklahoma Candidates to Pay for Caregiving Expenses

Oklahoma Voice – Emma Murphy | Published: 9/16/2024

Oklahoma joined 33 other states in allowing candidates running for office to use campaign funds for dependent care, effective immediately. The Oklahoma Ethics Commission issued an advisory opinion permitting candidates who are primary caregivers to use campaign funds to pay for care of dependents such as children, people with disabilities, or elderly relatives.

Oregon – ‘Exceedingly Close Call’ of Illegality in Gonzalez’s Wikipedia Edits, Portland Auditor Says; Calls for State Investigation

MSN – Zane Sparling (Portland Oregonian) | Published: 9/16/2024

A sitting Portland commissioner who tapped public funds to clean up his Wikipedia page walked the razor’s edge of breaking city campaign finance laws, but the evidence is insufficient to prove a violation, the city auditor’s office ruled. Commissioner Rene Gonzalez, a top candidate in the mayoral race, spent $6,400 earlier this year while seeking to remove an errant reference to an apparent Patriot Prayer member he interacted with on social media and highlight his status as a Democrat.

Oregon – Oregon Secretary of State Opens Investigation into Portland City Council Candidates Who Traded Contributions

MSN – Carlos Fuentes (Portland Oregonian) | Published: 9/11/2024

Oregon Secretary of State LaVonne Griffin-Valade will investigate Portland City Council and mayoral candidates who agreed to reciprocate campaign contributions to obtain matching funds from the city. At least 13 Portland candidates explicitly agreed to give money to other candidates this summer in exchange for incoming contributions, according to emails and texts. Candidates for city council were trying to gather donations from at least 250 Portland residents to qualify for up to $40,000 in matching taxpayer funds before the August 27 deadline.

Pennsylvania – Protesters Rally Against Dark Money after 35-Mile March from Lancaster to Harrisburg

Lancaster Online – Sarah Nicell | Published: 9/12/2024

After a three-day, 35-mile walk from Lancaster to Harrisburg, protesters demanding changes to Pennsylvania’s campaign finance laws held a rally at the state Capitol against dark money. Several members of the group attended a meeting with representatives for Senate President Kim Ward to discuss their current priority: an anti-dark money bill authored by Free Speech for People that has yet to move in the Republican-majority state Senate.

Pennsylvania – Pennsylvania Supreme Court Tosses Lower Court’s Decision on Mail-In Ballot Dating Requirement

Yahoo News – Peter Hall (Pennsylvania Capital-Star) | Published: 9/13/2024

The Pennsylvania Supreme Court threw out a lower court’s decision finding the requirement for voters to write the date on mail-in ballots to have them counted unconstitutional. The state’s highest court said the Commonwealth Court lacked jurisdiction to hear a challenge of the dating provision by voters’ rights groups. The lower court concluded the dating requirement violates the fair and equal elections clause of the state constitution because it restricts the right to vote but does not serve a compelling governmental purpose.

Tennessee – Lee Seeks Ethics Panel Advice on Travel Payments, Will Repay Expense If Found Inappropriate

MSN – Vivian Jones (Nashville Tennessean) | Published: 9/13/2024

Following threats of an ethics complaint over his travel to Florida paid by an outside group, Gov. Bill Lee is asking the Tennessee Ethics Commission to clarify whether accepting such payments is allowed under state law. If the panel finds Lee’s travel payments were illegal or unethical, he is pledging to repay the funds. Lee traveled to Marco Island, Florida, to be a keynote speaker of Alliance Defending Freedom (ADF), a group behind a handful of controversial new state laws. ADF, a 501(c)3 nonprofit, and its partner 501(c)4 organization both employ Matthew Lorimer, a registered lobbyist in Tennessee.

Washington – Let’s Go Washington Accused of Violating Campaign Finance Law

Yahoo News – Jerry Cornfield (Washington State Standard) | Published: 9/18/2024

A 14-month investigation has led to charges against the political committee founded by businessperson Brian Heywood for allegedly violating campaign finance laws in the course of gathering signatures for six initiatives last year. Staff of the state Public Disclosure Commission filed administrative charges alleging Let’s Go Washington did not “accurately and timely” report its spending on signature-gathering for each of the measures. Staff also assert the committee failed to obtain and disclose information from vendors on their spending on subcontractors for signature-gathering.

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