Campaign Finance

Alaska: “APOC Hears Complaint Alleging Campaign Coordination” by Tim Rockey for KTUU

Washington: “AG Ferguson Seeks Maximum $24.6M Penalty Against Facebook Parent Meta” by Staff for Washington Attorney General’s Office

Ethics

National: “House Jan. 6 Committee Votes to Subpoena Trump in Finale Surprise” by Rosalind Helderman, Jacqueline Alemany, and Tom Hamburger (Washington Post) for MSN

National: “High Court Rejects Trump Plea to Step into Mar-a-Lago Case” by Mark Sherman and Jessica Gresko (Associated Press) for MSN

California: “New Details Show Sprawling Web of Corruption in Southern California Cannabis Licensing” by Adam Elmahrek, Ruben Vives, Robert Lopez, and Paige St. John (Los Angeles Times) for MSN

Wyoming: “Legislature’s Ethics Complaints Rules Under Review” by Jasmine Hall for Wyoming Tribune-Eagle

Lobbying

Europe: “Big Tech Accused of Shady Lobbying in EU Parliament” by Clothilde Goujard for Politico

California: “Councilmember Koretz Seemingly Engages in Illegal Lobbying Scheme with Former Employee” by Jon Pelz for Knock LA

National/Federal

A Congressional Campaign Committee Just Reimbursed a Dead Lawmaker for Travel Mileage
Yahoo Finance – Madison Hall (Business Insider) | Published: 10/12/2022

The campaign committee of a deceased member of Congress reimbursed him for travel mileage months after he died. The Friends of Hagedorn campaign committee refunded Rep. Jim Hagedorn more than $1,100 for “mileage” on September 20. Hagedorn, however, died in February. FEC guidance notes congressional campaign funds can be used to refund travel costs incurred by a lawmaker, as well as their spouse and children, as long as it is “directly connected to the officeholder’s official responsibilities.

A Majority of GOP Nominees – 299 in All – Deny the 2020 Election Results
MSN – Amy Gardner (Washington Post) | Published: 10/6/2022

A majority of Republican nominees on the ballot this November for the U.S. House and Senate, and key statewide offices have denied or questioned the outcome of the last presidential election, according to a Washington Post analysis. Candidates who have challenged or refused to accept Joe Biden’s victory are running in every region of the country and in nearly every state. Republican voters in four states nominated election deniers in all federal and statewide races. Most of the election deniers are likely to win. Of the nearly 300 on the ballot, 174 are running for safely GOP seats; another 51 will appear on the ballot in tightly contested races.

First Proud Boys Leader Pleads Guilty to Jan. 6 Seditious Conspiracy
MSN – Spencer Hsu (Washington Post) | Published: 10/6/2022

A former Proud Boys leader became the group’s first member to plead guilty to seditious conspiracy in the Capitol riot, deepening the government’s case against an organization accused of mobilizing violence to prevent the inauguration of Joe Biden. Jeremy Bertino becomes a potential key witness against five Proud Boys leaders, some of whom had ties to influential supporters of Donald Trump. The Proud Boys defendants are set to face trial in December on charges including plotting to oppose by force the presidential transition.

Government Officials Invest in Companies Their Agencies Oversee
Fox Business – Rebecca Ballhaus, Brody Mullins, Chad Day, Joe Palazzolo, and James Grimaldi (Wall Street Journal) | Published: 10/11/2022

Thousands of officials across the government’s executive branch reported owning or trading stocks that stood to rise or fall with decisions their agencies made, a Wall Street Journal investigation found. More than 2,600 officials at agencies from the Commerce Department to the Treasury Department, during both Republican and Democratic administrations, disclosed stock investments in companies while those same firm were lobbying their agencies for favorable policies. That amounts to more than one in five senior federal employees across 50 federal agencies reviewed by The Journal.

How Trump’s Legal Expenses Consumed GOP Donor Money
MSN – Isaac Arnsdorf and Josh Dawsey (Washington Post) | Published: 10/11/2022

Donald Trump’s political operation has spent more money since he left office on lawyers representing the former president and a pair of nonprofits staffed by former Cabinet members than it has on Republican congressional campaigns. Legal fees are expected to climb, Trump advisers say, as he employs a growing retinue of lawyers to fend off federal, state, and county-level investigations. State-level Republicans have also used party resources to defray legal costs related to Trump’s attempts to stay in power.

Judge Dismisses DOJ Bid to Force Wynn to Register as Foreign Agent
Yahoo News – Kyle Cheney and Josh Gerstein (Politico) | Published: 10/12/2022

A federal judge dismissed a Department of Justice (DOJ) effort to force casino magnate Steve Wynn to acknowledge a stint as an agent of the Chinese government. U.S. District Court Judge James Boasberg expressed reservations about his own ruling but suggested that long-standing appeals court precedent bars the DOJ from requiring foreign agents to retroactively register once they are no longer performing that work. If the ruling stands, it could deal a blow to the effort to crack down on undisclosed foreign influence campaigns in the U.S.

Justice Dept. Asks Supreme Court to Deny Trump Request in Mar-a-Lago Case
MSN – Perry Stein and Robert Barnes (Washington Post) | Published: 10/11/2022

The Justice Department asked the U.S. Supreme Court to deny a petition from Donald Trump’s attorneys in the Mar-a-Lago search case, arguing that allowing an outside arbiter to review the classified documents seized from Trump’s residence would “irreparably injure” the government and as a former president, Trump has no “plausible” claims of ownership over sensitive government materials. It is the latest turn in the department’s high-stakes investigation to determine whether the former president or his advisers mishandled national security secrets or hid or destroyed government records.

Leonard Leo Pushed the Courts Right. Now He’s Aiming at American Society.
Seattle Times – Kenneth Vogel (New York Times) | Published: 10/12/2022

Activist Leonard Leo is best known for his role in pushing the appointments of conservative judges to the center of the Republican Party’s agenda. Now, he has developed a coalition that aims to transform American society. Most of the initiatives were supported by a network shaped by Leo and funded by wealthy patrons, usually through “dark money.” An investigation reveals new details of how he has built that network into one of the most sophisticated operations in U.S. politics, giving him influence as he pushes a broad array of conservative causes and seeks to counter what he sees as an increasing leftward tilt in society.

Misinformation Swirls in Non-English Languages Ahead of Midterms
Yahoo News – Tiffany Hsu (New York Times) | Published: 10/12/2022

Unsubstantiated rumors and outright falsehoods spread widely in immigrant communities ahead of the presidential election in 2020. That is happening again in the run-up to this year’s midterm elections, researchers say, but with an insidious twist. The social media accounts pushing misinformation are now targeting audiences in more languages on more topics and across more digital platforms. Multilingual fact checkers say they cannot keep pace with the deluge of falsehoods online. They have called on the big social media platforms, like Facebook and YouTube, to do more for efforts in other languages as they would for misinformation in English.

She Went Out on a Limb for Trump. Now She’s Under Justice Dept. Scrutiny.
Seattle Times – Glenn Thrush, Maggie Haberman, and Michael Schmidt (New York Times) | Published: 10/11/2022

This spring, one of the lawyers representing former President Trump made a request to Christina Bobb, who had just jumped from a Trump-allied cable network to a job in his political organization. M. Evan Corcoran asked Bobb to sign a statement that the Trump legal team had conducted a “diligent search” of Mar-a-Lago and found only a few files that had not been returned to the government. She later complained she did not have a full grasp of what was going on around her when she signed. Her sworn statement was shown to be false. Bobb’s trajectory is a familiar one in Trump’s orbit: a marginal player thrust into a position where her profile is elevated, but at the cost of serious legal and reputational risk.

Steele Dossier Source Heads to Trial, in Possible Last Stand for Durham
MSN – Salvadore Rizzo and Devlin Barrett (Washington Post) | Published: 10/10/2022

Former President Trump said special counsel John Durham’s investigation into the origins of the FBI’s 2016 Russia probe should “reveal corruption at a level never seen before in our country.” But the nearly three-and-a-half-year examination seems destined for a less dramatic conclusion as Durham put Igor Danchenko on trial. He was indicted on charges of lying to FBI agents who interviewed him about the sources behind his claims to former British spy Christopher Steele. Defense attorneys argue Danchenko made a series of “equivocal” statements to the FBI and should not be penalized for giving wishy-washy answers to vaguely worded questions.

Top House Staffers Are Still Overwhelmingly White, Study Finds
Roll Call – Jim Saska | Published: 10/6/2022

The senior aides who hold the most sway with members of Congress have grown more diverse in recent years, but still not nearly as diverse as the nation. A new study by the Joint Center for Political and Economic Studies finds people of color now occupy 18 percent of the top staff positions in the House, a four-point increase since 2018, but still much lower than the 40 percent of Americans who are not white. People of color have more representation among the actual representatives than their closest aides, the report finds.

Trump Worker Told FBI About Moving Mar-a-Lago Boxes on Ex-President’s Orders
MSN – Devlin Barrett and Josh Dawsey (Washington Post) | Published: 10/12/2022

A Trump employee told federal agents about moving boxes of documents at Mar-a-Lago at the specific direction of the former president, according to people familiar with the investigation, who say the witness account, combined with security-camera footage, offers key evidence of Donald Trump’s behavior as investigators sought the return of classified material. The witness description and footage offer the most direct account to date of Trump’s actions and instructions leading up to the FBI’s search, in which agents were looking for evidence of potential crimes including obstruction, destruction of government records, or mishandling classified information.

Why Little-Noticed State Legislative Races Could Be Hugely Consequential
Yahoo News – Nick Corasaniti (New York Times) | Published: 10/10/2022

With Congress often deadlocked and conservatives dominating the U.S. Supreme Court, state governments increasingly steer the direction of voting laws, abortion access, education, and other issues dominating the lives of Americans. The Supreme Court could soon add federal elections to that list. The justices are expected to decide whether to grant nearly unfettered authority over such elections to state Legislatures. If the court does so, many Democrats believe, lawmakers could have a pathway to overrule the popular vote in presidential elections by refusing to certify the results and instead sending their own slates of electors.

From the States and Municipalities

Alaska – APOC Says Dunleavy Backers Won’t Respond to Investigation Without Subpoena
Alaska Public Media – Lisa Phu (Alaska Beacon) | Published: 10/11/2022

In an investigation into alleged violations of campaign finance laws, an independent expenditure group supporting Alaska Gov. Mike Dunleavy’s reelection has refused to respond to requests for information. A complaint says the Republican Governors Association and Dunleavy are “engaged in a scheme” to subsidize and coordinate the campaign activities of the independent expenditure group A Stronger Alaska with those of Dunleavy’s official campaign committee. Coordination between a candidate or a candidate’s representatives and an independent expenditure group is prohibited.

California – Grand Jury Accuses Santa Clara City Council Members of Putting 49ers Ahead of City
MSN – Marisa Kendall (San Jose Mercury News) | Published: 10/7/2022

A grand jury report accuses several Santa Clara City Council members of getting too cozy with the San Francisco 49ers, neglecting their duties to constituents, and potentially violating state law. The report raises a series of concerns about the conduct of five council members who frequently vote in favor of the NFL team’s interests. Frequent closed-door meetings between 49ers lobbyists and those council members raised a “serious question” about whether they are violating state open-meeting laws, according to the report. The report also takes issue with some of the council members’ personal use of the stadium, among other issues.

California – Jose Huizar’s Brother to Testify in Federal Corruption Trial of Former L.A. Councilman After Pleading Guilty
Yahoo News – Nathan Solis (Los Angeles Times) | Published: 10/12/2022

The older brother of Jose Huizar admitted to lying to FBI agents about receiving envelopes of cash from Huizar and will cooperate with the federal government’s corruption investigation of the former Los Angeles City Council member. Jose Huizar gave his older brother, Salvador, envelopes of cash and asked him to write a check for the exact amount out of his own bank account, federal investigators said. Salvador Huizar admitting to repeatedly lying about the cash, including while under oath before a grand jury and as recently as two weeks ago when he was interviewed again by FBI agents.

California – Nury Martinez Resigns from L.A. City Council in Wake of Audio Leak Scandal
Yahoo News – David Zahniser, Julia Wick, Dakota Smith, and Benjamin Oreskes (Los Angeles Times) | Published: 10/12/2022

Nury Martinez, the Los Angeles City Council member at the center of the scandal over a taped conversation in which she made racist comments about colleagues and constituents, has resigned. The Los Angeles Times published a recording in which Martinez is heard making the remarks while talking with fellow council members Kevin de León and Gil Cedillo and labor leader Ron Herrera about how the city’s council district boundaries should be redrawn. The October 2021 conversation focused on how the group could maintain Latino political power while ensuring they and their colleagues would have districts that help them win reelection.

California – San Francisco Election Watchdog Boss Set to Resign
San Francisco Standard – Alex Mullany | Published: 10/12/2022

LeeAnn Pelham, executive director of the San Francisco Ethics Commission since January 2016, will resign on January 23, 2023. Over the years, the commission has been slow to handle complaints and been criticized for using the city attorney’s office as counsel rather than having its own independent attorneys. Yet, Pelham was able to hire more staff and modernize many of the commission’s systems. “I would say that LeeAnn Pelham substantially increased the reach of the commission in terms of accomplishing its mission,” commission member Larry Bush said.

Colorado – Adams County Must Pay Legal Fees of the Treasurer It Sued, Colorado Supreme Court Orders
MSN – John Aguilar (Denver Post) | Published: 10/10/2022

The Colorado Supreme Court ordered Adams County to pay the legal expenses of its elected treasurer, who it sued over allegations she mismanaged her office. The state’s high court called Adams County’s failure to cover Lisa Culpepper’s costs of defending herself against the county’s lawsuit an “abuse of discretion.” Culpepper would normally be represented by the county attorney’s office in legal matters. But because that same office was representing the county commissioners suing her meant Culpepper had to obtain outside counsel.

Colorado – Political Group Agrees to Pay Fine Over Primary Voter Guide That Failed to Disclose Information
Colorado Springs Gazette – Marianne Goodland (Colorado Politics) | Published: 10/11/2022

ProgressNow Colorado agreed to pay a fine of $16,277 for a primary “voter guide” that failed to fully disclose required information. It was the third complaint over ProgressNow’s voter guides in the past 18 months and the second that the organization has settled with the Elections Division. The first complaint, in 2021, resulted in a $3,000 fine.

Florida – DeSantis Broke Florida Precedent and Maybe the Law, Too, in Making Congressional Map
Yahoo News – Joshua Kaplan (ProPublica) | Published: 10/11/2022

An examination of how Florida’s congressional districts were drawn, and who helped decide the new boundaries, show Gov. Ron DeSantis’s administration appears to have misled the public and the Legislature and may also have violated state law. Gubernatorial aides worked behind the scenes with an attorney who serves as the national Republican Party’s top redistricting lawyer and other consultants tied to the national party apparatus. The Florida Constitution was amended in 2010 to prohibit partisan-driven redistricting, a landmark effort in the growing movement to end gerrymandering.

Florida – Ethics Panel Finds ‘Probable Cause’ That Miami Commissioner Abused Power with City Car
MSN – Joey Fletchas (Miami Herald) | Published: 10/12/2022

The Miami-Dade County Commission on Ethics and Public Trust agreed to charge Miami City Commissioner Alex Díaz de la Portilla with violating county ethics law and exploiting his official position after a friend who did not work for the city used a city car to pick up alcohol for the commissioner, drop off his dry cleaning, and drive him to a property his family owns. The friend, Jenny Nillo, worked for the Omni Community Redevelopment Agency, and should not have had access to the car, according to city policy.

Georgia – Common Cause Georgia Sues FEC Over Dismissed Complaint That Conservative Nonprofit Broke Finance Rules
Georgia Recorder – Stanley Dunlap | Published: 10/11/2022

Common Cause Georgia is suing the FEC for dismissing a complaint alleging conservative election-monitoring organization True the Vote illegally contributed to the Georgia Republican Party during the January 2021 runoffs for two U.S. Senate seats. The lawsuit accuses three Republican commissioners of failing to enforce federal campaign finance law when they went against the agency’s general counsel’s recommendation to open an investigation into the relationship between the Texas-based nonprofit and the Georgia GOP.

Georgia – GOP Crisis in Herschel Walker Race Was Nearly Two Years in the Making
MSN – Isaac Arnsdorf, Ashley Parker, Michael Scherer, and Josh Dawsey (Washington Post) | Published: 10/6/2022

In early 2021, as football star Herschel Walker considered running for the U.S. Senate, he approached some of Georgia’s top Republican operatives about advising his campaign. The operatives were warned about political vulnerabilities in Walker’s past that were openly discussed in the state’s political circles. Walker’s overwhelming name recognition and backing from former President Trump made him so formidable that state and national Republican leaders did not mount a serious challenge in the primary. Now, they are stuck with him as those liabilities threaten to dominate the news and derail his campaign.

Illinois – City Council Debate Over Private Booting Shines Light on Ways Clout and Campaign Cash Work in Chicago
WTTW – Heather Cherone | Published: 10/10/2022

Faced with a surge of criticism at City Hall, Innovative Parking Solutions owner Michael Denigris did what Chicago business owners have done for decades – he hired an influential lobbyist and poured tens of thousands of dollars into lawmakers’ campaign accounts. But it is not clear whether that expensive and time-consuming effort, which illuminates how wealthy interests get their issues in front of the city council, will pay off for Denigris and his firm.

Iowa – Iowa Board Requires ‘Paid for By’ Statements on Some Political Texts
Bleeding Heartland – Laura Bellin | Published: 9/28/2022

The Iowa Ethics and Campaign Disclosure Board said some political text messages are subject to the state law requiring disclosure of who is responsible for express campaign advocacy. Board Executive Director Zach Goodrich drafted the advisory to clarify when text messages can be considered “electronic general public political advertising.” He decided to address the issue after a mass texting campaign from an undisclosed source reached Kansas voters shortly before a constitutional referendum in August.

Maryland – Allegations Against Vice Chair Deepen Montgomery Planning Board Controversy
MSN – Daniel Wu (Washington Post) | Published: 10/11/2022

An investigation into Montgomery County Planning Board Chairperson Casey Anderson’s conduct has expanded to include the actions of Vice Chair Partap Verma and the abrupt firing of Planning Department Director Gwen Wright. A complaint sent to the county council levied new accusations against Verma, who already had been publicly reprimanded alongside Casey and fellow board member Carol Rubin, deepening concerns about the planning agency’s governance and rattling employees as a council vote looms on a long-term growth plan.

Missouri – St. Louis County Ethics Committee Stonewalled on Marijuana Questions
St. Louis Post-Dispatch – Joe Holleman | Published: 10/10/2022

The majority of the main players involved in a conflict-of-interest probe of St. Louis County Councilperson Lisa Clancy continue to give the silent treatment to the council’s ethics committee. Of five people involved in 2019 with Clancy and the county’s zoning laws for medical marijuana industry, all of whom refused to attend a committee meeting on September 6, only one has responded to written questions the committee sent out recently. The committee asked for a response by October 5.

Montana – GOP House Candidate Paid Vendors with Bad Checks and Misreported Debts
Montana Free Press – Arren Kimbel-Sannit | Published: 10/7/2022

Montana Commissioner of Political Practices Jeff Mangan found a state House candidate tried to pay vendors with bad checks and misreported accrued debts as expenditures, referring the matter to the Lewis and Clark County attorney for possible prosecution. Alden Tonkay misreported a minimum of $2,264 in debts, Mangan found. Those debts stemmed from non-payment to sign-making and catering companies. Tonkay repeatedly said he would send a response to the complaint as well as a full accounting of his campaign finances, but never delivered, according to Mangan’s decision.

Montana – How Montana’s New Election Laws Failed Legal Muster
Montana Free Press – Alex Sakariassen | Published: 10/6/2022

Three new laws that changed how Montanans can vote and access the polls were declared unconstitutional. People will once again be able to register to vote on Election Day, use student IDs and voter registration cards as primary identification at the polls, and accept payment for collecting ballots on behalf of voters unable to return them themselves. A spokesperson was noncommittal on whether Secretary of State Christi Jacobsen would appeal the decision to the Montana Supreme Court.

Nevada – How a Las Vegas Newsroom Set Out to Solve a Colleague’s Killing
MSN – Sarah Ellison (Washington Post) | Published: 10/6/2022

Executive Editor Glenn Cook sent an email to staff members at The Las Vegas Journal-Review on September 3, informing them that their colleague, Jeff German, had been found dead outside his home. Over four days of relentless reporting, Review-Journal staff would essentially solve the case, delving into German’s old stories and doing their own on-the-ground detective work to identify a surprising suspect, who is now behind bars, facing murder charges.

New Hampshire – In Time of Distrust, How One State Is Trying to Boost Voter Confidence
MSN – Joanna Slater (Washington Post) | Published: 10/10/2022

Since May, the New Hampshire Special Committee on Voter Confidence has traveled the length of the state holding public hearings that are part civics roadshow, part airing of grievances. They have come together for an unusual experiment aimed at bolstering faith in American democracy. The committee’s stated goal is to identify the causes of the decline in voter confidence and recommend ways to reverse it. Left unstated is the unprecedented nature of the current moment, where former President Trump and Republican candidates continue to deny the outcome of the 2020 election.

New Mexico – Vote to Amend Legislature’s Internal Investigative Procedure Fails
Santa Fe New Mexican – Robert Knott | Published: 10/11/2022

A body of lawmakers charged with administering legislative policies and procedures in the New Mexico Legislature deadlocked on a proposal to add a fifth and tiebreaking member to a pair of interim ethics committees, in effect killing the proposal and leaving the Legislature’s embattled internal investigation process unchanged. Calls for reform to the harassment policies and investigation of complaints have grown louder in the wake of accusations by lobbyist Marianna Anaya and others against Sen. Daniel Ivey-Soto.

New York – Hochul Raises Massive Sum in Final State Election Before New Campaign Finance System Kick In
Gothamist – Ethan Geringer-Sameth | Published: 10/12/2022

Since Kathy Hochul became governor of New York in August 2021, 47 people have given the maximum amount, $69,700, directly to her campaign. In total, Hochul’s campaign has brought in $46 million in her first 14 months in office. That massive sum will not be as easy to accumulate in future elections thanks to a new state campaign finance system that will lower individual contribution limits and establish a small-dollar public matching program for state-level offices. The new system goes into effect immediately after Election Day this year for the next election cycles and will apply to statewide offices.

New York – New State Ethics Watchdog Agrees to Chew on Old Cases
Albany Times Union – Chris Bragg | Published: 10/6/2022

New York’s ethics and lobbying commission is rolling over all pending investigations inherited from its predecessor, a move that increases the odds those inquiries will reach conclusions. As of September 23, the new ethics body had 32 “open investigations” in motion, including that of former Gov. Andrew Cuomo, had been scheduled to face a hearing over whether he violated the law by using state employees to assist in the production of his lucrative memoir of the Covid-19 pandemic.

New York – New York Lobbyists Hold Sway in Spite of Shake-Ups, Scandals
Poli-Ticks – Rebekah Ward (Albany Times Union) | Published: 10/7/2022

Lobbyists in New York often are key in passing or defeating legislation. Many are veteran lawmakers themselves or had prior jobs, including as agency leaders or legal counsel for top elected officials, that provide them connections and insight into the government’s inner workings, which enable them to shape political outcomes for their clients. They are a constant presence in Albany, customizing pitches to assuage the differing concerns of key officials, strategically framing stories to steer media attention, and using the hectic legislative calendar to their advantage.

Ohio – Ohio Is About to Hold Elections for Unconstitutional Congressional and Legislative Districts. Here’s How It Happened
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 10/9/2022

Ohio’s congressional and state legislative districts have twice been ruled unconstitutional by the state Supreme Court, but one of those maps will be in place for the November elections. It is the result of a previously untested state redistricting process, a months-long fight between Republican leaders and the Ohio Supreme Court, and a federal court finally intervening and picking one of the redistricting plans to use just for the 2022 election. So, despite voters approving two state constitutional amendments to end gerrymandering, the congressional and legislative lines have again been drawn in a way that gives Republicans a clear advantage.

Ohio – Steve Dackin, One-Time Ohio Schools Superintendent, Signs Settlement Agreement for Ethics Violations, Avoids Criminal Prosecution
MSN – Laura Hancock (Cleveland Plain Dealer) | Published: 10/7/2022

Steve Dackin, who spent 11 days as the state superintendent of public instruction before resigning amid an ethics investigation, signed a settlement with the Ohio Ethics Commission. The commission will not refer its investigation to any public prosecutor. Dackin will be required to attend three hours of ethics training and agreed to not apply for the state superintendent job again until February 26, 2023. Dackin had access to the applications for the job as the committee conducted its search. Days before the application period ended, Dackin resigned from the Ohio State Board of Education and submitted his own application for the job.

Tennessee – Kelsey Co-Defendant Smith to Plead Guilty in Federal Campaign Finance Case
Tennessee Lookout – Sam Stockard | Published: 10/11/2022

The co-defendant in a federal campaign finance case against Tennessee Sen. Brian Kelsey is set to plead guilty to one charge of funneling “soft money” to the senator’s congressional campaign six years ago. Federal prosecutors claim Kelsey and Josh Smith, the owner of The Standard Club in Nashville, conspired with others to illegally shift a total of more than $80,000 from his state account to buy ads that supported his federal race. Prosecutors say Kelsey gave Smith a check for more than $106,000 in July 2016 during a gathering at The Standard to be transferred from his campaign account to the restaurant’s PAC.

Washington – Judge: Facebook intentionally violated WA campaign finance law 822 times
Seattle Times – David Gutman | Published: 10/6/2022

A judge ruled Facebook’s parent company Meta intentionally violated Washington’s campaign finance law 822 times, which may subject the company to millions of dollars in fines. The law requires advertisers to make information about political ads run in Washington that appear on their platforms available for public inspection. The judge said the violations were intentional because of the company’s history of failure to comply with the law, its extensive experience with campaign finance law, and its “lack of good faith and failure to acknowledge and take responsibility for its violations.”

On November 8, Arizona voters will decide on a campaign finance ballot measure that would require disclosing names of original campaign donors.

Proposition 211 would require that anyone making independent expenditures of more than $50,000 on a statewide campaign or $25,000 on a local campaign to disclose the names of the money’s original sources, which would be defined as the persons or businesses that earned the money being spent.

Organizations that fail to disclose would face a fine equal to the amount contributed, or up to three times that amount.

Proposition 211 would apply to corporations, nonprofit groups and charities that currently are not required to disclose the names of the people who give money to political campaigns that the organization backs.

The proposition would pertain only to spending on political advertising and would be administered by The Citizens Clean Elections Commission.

Campaign Finance

Alaska: “APOC Says Dunleavy Backers Won’t Respond to Investigation Without Subpoena” by Lisa Phu (Alaska Beacon) for Alaska Public Media

Colorado: “Political Group Agrees to Pay Fine Over Primary Voter Guide That Failed to Disclose Information” by Marianne Goodland (Colorado Politics) for Colorado Springs Gazette

Georgia: “Common Cause Georgia Sues FEC Over Dismissed Complaint That Conservative Nonprofit Broke Finance Rules” by Stanley Dunlap for Georgia Recorder

Elections

National: “Misinformation Swirls in Non-English Languages Ahead of Midterms” by Tiffany Hsu (New York Times) for Yahoo News

Ethics

National: “Trump Worker Told FBI About Moving Mar-a-Lago Boxes on Ex-President’s Orders” by Devlin Barrett and Josh Dawsey (Washington Post) for MSN

Maryland: “Allegations Against Vice Chair Deepen Montgomery Planning Board Controversy” by Daniel Wu (Washington Post) for MSN

New Mexico: “Vote to Amend Legislature’s Internal Investigative Procedure Fails” by Robert Knott for Santa Fe New Mexican

Lobbying

National: “Judge Dismisses DOJ Bid to Force Wynn to Register as Foreign Agent” by Kyle Cheney and Josh Gerstein (Politico) for Yahoo News

Campaign Finance

National: “How Trump’s Legal Expenses Consumed GOP Donor Money” by Isaac Arnsdorf and Josh Dawsey (Washington Post) for MSN

Tennessee: “Kelsey Co-Defendant Smith to Plead Guilty in Federal Campaign Finance Case” by Sam Stockard for Tennessee Lookout

Elections

New Hampshire: “In Time of Distrust, How One State Is Trying to Boost Voter Confidence” by Joanna Slater (Washington Post) for MSN

Ethics

National: “Government Officials Invest in Companies Their Agencies Oversee” by Rebecca Ballhaus, Brody Mullins, Chad Day, Joe Palazzolo, and James Grimaldi (Wall Street Journal) for Fox Business

California: “Grand Jury Accuses Santa Clara City Council Members of Putting 49ers Ahead of City” by Marisa Kendall (San Jose Mercury News) for MSN

Colorado: “Adams County Must Pay Legal Fees of the Treasurer It Sued, Colorado Supreme Court Orders” by John Aguilar (Denver Post) for MSN

Lobbying

Illinois: “City Council Debate Over Private Booting Shines Light on Ways Clout and Campaign Cash Work in Chicago” by Heather Cherone for WTTW

Redistricting

Florida: “DeSantis Broke Florida Precedent and Maybe the Law, Too, in Making Congressional Map” by Joshua Kaplan (ProPublica) for Yahoo News

Campaign Finance

Montana: “GOP House Candidate Paid Vendors with Bad Checks and Misreported Debts” by Arren Kimbel-Sannit for Montana Free Press

Elections

National: “Why Little-Noticed State Legislative Races Could Be Hugely Consequential” by Nick Corasaniti (New York Times) for Yahoo News

Georgia: “GOP Crisis in Herschel Walker Race Was Nearly Two Years in the Making” by Isaac Arnsdorf, Ashley Parker, Michael Scherer, and Josh Dawsey (Washington Post) for MSN

Ethics

National: “Steele Dossier Source Heads to Trial, in Possible Last Stand for Durham” by Salvadore Rizzo and Devlin Barrett (Washington Post) for MSN

California: “Nury Martinez Steps Down as L.A. City Council President” by Julia Wick, Dakota Smith, David Zahniser, and Benjamin Oreskes (Los Angeles Times) for Yahoo News

Ohio: “Steve Dackin, One-Time Ohio Schools Superintendent, Signs Settlement Agreement for Ethics Violations, Avoids Criminal Prosecution” by Laura Hancock (Cleveland Plain Dealer) for MSN

Lobbying

New York: “New York Lobbyists Hold Sway in Spite of Shake-Ups, Scandals” by Rebekah Ward (Albany Times Union) for Poli-Ticks

Redistricting

Ohio: “Ohio Is About to Hold Elections for Unconstitutional Congressional and Legislative Districts. Here’s How It Happened” by Jeremy Pelzer (Cleveland Plain Dealer) for MSN

Campaign Finance

Iowa: “Iowa Board Requires ‘Paid for By’ Statements on Some Political Texts” by Laura Bellin for Bleeding Heartland

Washington: “Judge: Facebook intentionally violated WA campaign finance law 822 times” by David Gutman for Seattle Times

Elections

National: “A Majority of GOP Nominees – 299 in All – Deny the 2020 Election Results” by Amy Gardner (Washington Post) for MSN

Montana: “How Montana’s New Election Laws Failed Legal Muster” by Alex Sakariassen for Montana Free Press

Ethics

National: “First Proud Boys Leader Pleads Guilty to Jan. 6 Seditious Conspiracy” by Spencer Hsu (Washington Post) for MSN

Nevada: “How a Las Vegas Newsroom Set Out to Solve a Colleague’s Killing” by Sarah Ellison (Washington Post) for MSN

New York: “New State Ethics Watchdog Agrees to Chew on Old Cases” by Chris Bragg for Albany Times Union

Legislative Issues

National: “Top House Staffers Are Still Overwhelmingly White, Study Finds” by Jim Saska for Roll Call

National/Federal

DataVault Requests US Election Agency’s Advice to Send NFTs as a Campaign Fundraising Incentive
Cointelegraph – Turner Wright | Published: 10/4/2022

The legal team behind nonfungible token (NFT) firm DataVault Holdings requested an advisory opinion from the FEC on using NFTs for campaign fundraising efforts. DataVault’s lawyers proposed sending NFTs as “souvenirs” to individuals who donated to political committees, as well as giving the token holder the option to use it for promoting a campaign “strictly on a volunteer basis and without any compensation.” The firm requested the FEC provide guidance on how it may operate as a commercial vendor, issuing the tokens to political committee members seemingly without violating federal campaign finance laws.

Election Officials Confront a New Problem: Whether they can trust their own poll workers
Yahoo News – Zach Montellaro (Politico) | Published: 10/4/2022

Election officials are growing concerned about a new danger in November: that groups looking to undermine election results will try to install their supporters as poll workers. The frontline election workers do everything from checking people in at voting locations to helping process mail ballots. Now, some prominent incidents involving poll workers have worried election officials that a bigger wave of trouble could be on the horizon.

In Trump White House, Classified Records Routinely Mishandled, Aides Say
MSN – Shane Harris, Josh Dawsey, Ellen Nakashima, and Jacqueline Alemany (Washington Post) | Published: 10/4/2022

Aides who worked in Donald Trump’s White House were not surprised when the FBI found highly classified material in boxes at Mar-a-Lago mixed with news clippings and other items. During his four years in office, Trump never strictly followed the rules and customs for handling sensitive government documents, according to 14 officials from his administration. What those ex-Trump aides and advisers saw in an inventory of items recovered by the FBI in August – classified documents in boxes, stored alongside newspaper and magazine articles, books, and gifts – looked to them like the idiosyncratic filing system Trump used in the White House.

Justices Shield Spouses’ Work from Potential Conflict of Interest Disclosures
Yahoo News – Hailey Fuchs, Josh Gerstein, and Peter Canellos (Politico) | Published: 9/29/2022

Over the past year, Virginia Thomas has gotten attention for operating a consulting business that reportedly includes conservative activist groups with interest in U.S. Supreme Court decisions as clients. Her husband, Justice Clarence Thomas, has chosen not to reveal any of his wife’s clients, let alone how much they contributed to the Thomas family coffers, dating back to when her consulting business was founded. A Politico investigation shows potential conflicts involving justices’ spouses extend beyond the Thomas family.

Lawmakers Confront a Rise in Threats and Intimidation, and Fear Worse
MSN – Stephanie Lai, Luke Broadwater, and Carl Hulse (New York Times) | Published: 10/1/2022

Members of Congress in both parties are experiencing a surge in threats and confrontations as a rise in violent political speech has increasingly crossed over into the realm of in-person intimidation and physical altercation. In the months since the attack on the U.S. Capitol, which brought lawmakers and the vice president within feet of rioters threatening their lives, Republicans and Democrats have faced stalking, armed visits to their homes, vandalism, and assaults. It is part of a trend that many fear is only intensifying as lawmakers scatter to campaign and meet with voters around the country ahead of midterm congressional elections.

Politics Are Becoming Tougher to Avoid at Work, Survey Finds
MSN – Taylor Telford (Washington Post) | Published: 10/5/2022

Escalating political tensions in the workplace are creating problems for organizations as midterm elections draw nearer, a new survey found. About 26 percent said they have personally experienced differential treatment (positive and negative) because of their political views or affiliation, according to the Society for Human Resource Management (SHRM). Corporations are under pressure from employees and consumers to weigh in on political issues. But the rise of politics in the workplace has consequences for polarization across the country, said Johnny C. Taylor Jr., SHRM’s chief executive.

Pro-DeSantis Hybrid PAC to File Lawsuit Challenging Unfavorable FEC Ruling
OpenSecrets – Taylor Giorno | Published: 10/3/2022

The political committee Ready for Ron asked the FEC for permission to share a list of supporters and their contact information with Florida Gov. Ron DeSantis to encourage him to run for president in 2024. The FEC ruled that Ready for Ron cannot share the list if DeSantis becomes a federal candidate or begins “testing the waters” for federal office, as the value would exceed the federal campaign contribution limit. The commission deadlocked on whether Ready for Ron could share the list if DeSantis is not testing the waters or running for federal office. The PAC plans to fille a lawsuit challenging the FEC’s decision.

Supreme Court to Scrutinize U.S. Protections for Social Media
MSN – Andrew Chung (Reuters) | Published: 10/3/2022

The U.S. Supreme Court will hear a challenge to federal protections for internet and social media companies freeing them of responsibility for content posted by users. The Ninth U.S. Circuit Court of Appeals dismissed the lawsuit, relying on as Section 230 of the Communications Decency Act of 1996. It protects “interactive computer services” by ensuring they cannot be treated as the “publisher or speaker” of any information provided by other users. Democrats have faulted it for giving social media companies a pass for spreading hate speech and misinformation. Republicans painted it as a tool for censorship of voices on the right.

The Onion Files Supreme Court Amicus Brief Defending the Right to Parody
MSN – Rachel Pannett (Washington Post) | Published: 10/4/2022

A man who was arrested over a Facebook parody aimed at his local police department is trying to take his case to the U.S. Supreme Court. The satirical website The Onion filed an amicus brief in support of Anthony Novak. A jury found him not guilty, and he is trying to sue the city for damages. A federal judge dismissed the lawsuit, saying the police had qualified immunity, and an appeals court upheld that decision. “Americans can be put in jail for poking fun at the government?” the brief asked. “This was a surprise to America’s Finest News Source and an uncomfortable learning experience for its editorial team.”

Trump Asks Supreme Court to Intervene in Mar-a-Lago Search Case
MSN – Devlin Barrett and Robert Barnes (Washington Post) | Published: 10/4/2022

Former President Trump’s lawyers asked the Supreme Court to intervene in the Mar-a-Lago documents-seizure case, saying the special master appointed in the matter should be allowed to review the classified papers. A three-judge panel of the U.S. Court of Appeals for the 11th Circuit granted the Justice Department’s request to keep about 100 classified documents separate from a review of documents being conducted by a court-appointed legal expert, called a special master. The department has launched a probe to determine if Trump or his advisers mishandled national security secrets or hid or destroyed government records.

U.S.: Oath Keepers, Rhodes attacked ‘bedrock of democracy’ on Jan. 6
MSN – Spencer Hsu, Rachel Weiner, and Tom Jackman (Washington Post) | Published: 10/3/2022

Members of the extremist group Oath Keepers led by Stewart Rhodes planned for an armed rebellion “to shatter a bedrock of American democracy” – the peaceful transfer of presidential power – culminating in their role in the attack on the U.S. Capitol, a prosecutor said in the first seditious conspiracy trial of the January 6 investigation. Rhodes’ defense attorney Philip Linder said Oath Keepers came to Washington as “peacekeeping” security guards, believing then-President Trump could invoke the Insurrection Act to mobilize private militias, put down riots, and remain in power.

From the States and Municipalities

Alabama – Supreme Court Debates Alabama’s Refusal of Second Black Voting District
MSN – Robert Barnes (Washington Post) | Published: 10/4/2022

The U.S. Supreme Court’s liberal justices combined for an aggressive and unified defense against Alabama’s efforts to limit creation of voting districts in which minorities have the ability to elect candidates of their choice. The case is another major test of the Voting Rights Act, which the court’s conservative majority has diluted in recent years. At the end of oral arguments, it appeared a majority of the court might not embrace Alabama’s request for a broad reinterpretation of how the law is enforced, and that a narrower compromise was a possibility.

Arkansas – Missouri Health Executives Plead Guilty in Widespread Fraud
Stamford Advocate – Associated Press | Published: 9/29/2022

Two former executives of a Missouri health nonprofit pleaded guilty to their roles in a corruption scheme that ensnared several Arkansas elected officials and lobbyists, federal prosecutors said. Bontiea Goss and her husband, Tommy Goss, were executives at Preferred Family Healthcare, which provided services such as substance abuse treatments and counseling to people in Missouri, Arkansas, Kansas, Oklahoma, and Illinois. Federal prosecutors said the Gosses and other co-conspirators paid bribes and kickbacks to Arkansas lawmakers to obtain favorable legislation and other official actions that helped the nonprofit.

California – A Cannabis Bribe and Arson: Former Adelanto councilman sentenced to federal prison
MSN – Gregory Yee (Los Angeles Times) | Published: 10/3/2022

Former Adelanto City Councilperson Jermaine Wright was convicted of taking a $10,000 bribe to help open a cannabis business and hiring someone to burn down his restaurant for an insurance payout. He was sentenced to five years in federal prison. Wright told an informant the money had to go to a nonprofit set up to conceal their scheme and he would put the informant on the nonprofit’s board so they could receive the money as well, a pre-sentencing report said.

California – New State Law Could Curb Pay to Play Politics in Orange County & California
Voice of OC – Spencer Custodio | Published: 10/3/2022

Gov. Gavin Newsom signed legislation that bars local elected officials voting on items benefitting contributors who donated more than $250 within the past 12 months. Elected officials could return the campaign donations within 14 days of finding out about the contribution, which would allow them to vote on the item. In Orange County, an FBI corruption investigation into Anaheim City Hall that touches on Disneyland resort area interests has put a renewed focus on campaign finance, spurring calls of campaign finance reform.

Florida – The Story Behind DeSanti’s Migrant Flights to Martha’s Vineyard
Yahoo News – Edgar Sandoval, Miriam Jordan, Patricia Mazzei, and J. David Goodman (New York Times) | Published: 10/2/2022

Gov. Ron DeSantis signed a budget that set aside $12 million to create a program for transporting unauthorized migrants out of Florida. He touted it as the highlight of the state’s new spending when it came to immigration. But just three months later, the money was being used to round up Venezuelan asylum seekers on the streets of San Antonio and shipping them on private planes to Massachusetts. Details have begun to emerge of the clandestine mission. In the middle of it all was a woman with a background in military counterintelligence who investigators believe was sent to Texas from Tampa to fill the planes.

Georgia – Federal Judge Upholds Georgia Election Law in Challenge Brought by Abrams
MSN – Matthew Brown (Washington Post) | Published: 10/1/2022

A federal judge upheld Georgia’s election laws in a blow to Fair Fight Action, the voting rights group founded by Stacey Abrams, who also is the state’s Democratic gubernatorial nominee. Abrams’ group filed a lawsuit against the Georgia’s secretary of state soon after her 2018 election defeat, arguing the state’s absentee ballot policies, which require an “exact match” for names and addresses between voters’ IDs and voter registration records, represented “gross mismanagement” of the state’s election systems that violated Georgia voters’ constitutional rights.

Georgia – Georgia DA: GOP bankrolling lawyers for ‘fake’ Trump electors ‘rife with serious ethical problems’
Yahoo News – Michael Isikoff and Daniel Klaidman | Published: 10/4/2022

The Georgia Republican Party is bankrolling the legal defense of most of the so-called fake electors in the state as part of a controversial arrangement that Fulton County District Attorney Fani Willis charges in a new court filing is “rife with serious ethical problems” and “actual conflicts-of-interest.” Wills has launched a sprawling probe into Donald Trump’s efforts to overturn the 2020 presidential election in Georgia. Willis escalated the legal battle over the issue when she moved to disqualify the two lawyers being paid by the state GOP.

Georgia – Herschel Walker Paid for Girlfriend’s Abortion, Report Says
MSN – Bill Barrow (Associated Press) | Published: 10/3/2022

Herschel Walker, who has vehemently opposed abortion rights as the Republican nominee for U.S. Senate in Georgia, paid for an abortion for his girlfriend in 2009, according to a report. Walker called the accusation a “flat-out lie” and said he would sue. The Daily Beast reviewed a receipt showing her $575 payment for the procedure, along with a get-well card from Walker and her bank deposit records showing the image of a personal check from Walker dated five days after the abortion receipt. The woman said Walker encouraged her to end the pregnancy, saying the time was not right for a baby.

Louisiana – Louisiana Officials Use Campaign Cash to Buy LSU, Saints Tickets
Louisiana Illuminator – Julie O’Donoghue | Published: 10/4/2022

Forty-nine Louisiana politicians spent $181,600 from their campaign accounts and PACs on tickets to collegiate and professional sporting events in 2020 and 2021. Over half of those purchasing the tickets were state lawmakers, but the group also includes the governor, sheriffs, district attorneys, and a state Supreme Court justice. State law prohibits elected officials from using campaign money for “personal use,” but sports tickets have long been considered a legitimate expense. The practice is legal so long as officials can explain why the spending is related to their campaign or job, said Kathleen Allen, the state’s ethics administrator.

Maryland – Nash Seeking Clarity on Lobbying Rules After Ethics Decision
Yahoo News – Ryan Marshall (Frederick News-Post) | Published: 10/5/2022

Frederick Alderwoman Katie Nash will not challenge a decision by the city’s Ethics Commission that some of her professional lobbying activities violated city rules in court and is seeking guidance for future work. The commission found Nash, a lobbyist registered with the state, improperly emailed coordinators for various city Neighborhood Advisory Councils and others, encouraging them to raise concerns with the county about plans to shift coverage of paramedic services in parts of the city. Nash also asked that information about avoiding conflicts be made available to candidates when they file.

Massachusetts – Former State Police Union Boss Dana Pullman and Former Lobbyist Anne Lynch Face Trial for Alleged Kickback Schemes
MSN – Shelly Murphy (Boston Globe) | Published: 10/3/2022

Dana Pullman, the former leader of the Massachusetts State Police union, is on trial on charges he took kickbacks totaling $41,250 from a union lobbyist, Anne Lynch, and diverted thousands of dollars from the union for personal expenses, including flowers, gifts, a Florida vacation, and meals at upscale restaurants with a girlfriend. When announcing the charges in August 2019, federal authorities accused Pullman of running the union “like an old-school mob boss” and tapping the union’s account as if it was “his own personal piggy bank.”

Michigan – Michigan’s Proposal 1 Would Change Term Limits, Require Financial Disclosure for Lawmakers
Yahoo News – Clara Hendrickson (Detroit Free Press) | Published: 10/6/2022

Michigan voters will have a chance to decide this November whether they want to end the current term limits for state lawmakers in favor of reducing the total number of years lawmakers can serve in Lansing while increasing the number of times they can seek reelection in either chamber. The proposal would also establish new financial disclosure requirements for some elected officeholders. It would require annual reports describing their assets and sources of income, positions held outside of state government, agreements or arrangements regarding future employment, gifts and travel payments received, among other requirements.

Missouri – Missouri Ethics Commission Hobbled Again After Parson Pulls Appointees
St. Louis Post-Dispatch – Jack Suntrup | Published: 9/29/2022

The Missouri Ethics Commission again is unable to function, at least temporarily, because it does not have enough members. Gov. Mike Parson removed three members of the panel on recently, said Liz Ziegler, executive director of the commission. Ziegler said Parson took the three members off the ethics commission “due to the special legislative session” the governor had called on tax relief.

Montana – Commissioner of Political Practices to Step Down Before Term Ends
Helena Independent Record – Sam Wilson | Published: 10/3/2022

Montana Commissioner of Political Practices Jeff Mangan announced on social media he will be retiring before his term ends, stepping down just before Election Day.  Not since Dennis Unsworth’s departure at the end of 2010 has anyone served out a full term as commissioner. Past commissioners have at times come under fire for bringing a perceived partisan bias to their work investigating political complaints. Republican lawmakers have for years brought legislation seeking to disband the office or reduce the power commissioners wield.

New Mexico – NM Sen. Ivey-Soto Resigns from the Chairman Position of an Influential Committee
Source New Mexico – Shaun Griswold | Published: 9/29/2022

Fallout from a harassment complaint filed against New Mexico Sen. Daniel Ivey-Soto has now affected his position of power as a lawmaker in Santa Fe. Ivey-Soto submitted a letter resigning as chairperson of the Senate Rules Committee. His resignation as chair shields lawmakers from having to take a public position on Ivey-Soto’s behavior at the Capitol. A meeting to discuss Senate committee assignments would have been the first public discussion and vote by lawmakers about Ivey-Soto after an investigation about sexual harassment allegations against Ivey-Soto.

New York – City Council Redistricting Drama Underscores Dropped Commission Ethics Policy
Gotham Gazette – Ethan Geringer-Sameth | Published: 10/3/2022

New York City’s redistricting process was thrown into disarray in September after the commission responsible for drawing new city council district lines voted down its own draft map. An aide to Mayor Eric Adams individually lobbied his appointees on the commission to vote no, activity the mayor has denied knowing about. There are few formal barriers in place to prevent conflicts-of-interest between the 15 redistricting commissioners and the elected officials who appointed them.

New York – Contender for Top NYC City Hall Post Left Trail of Penalties and Debt as a Lobbyist
MSN – Michael Gartland (New York Daily News) | Published: 10/3/2022

Tiffany Raspberry, who currently serves as a senior advisor for external affairs in New York City Mayor Eric Adams’ administration, is being considered as the mayor’s next chief of staff.  Before her stint at City Hall, Raspberry worked as a lobbyist through her firm York Group Associates. The firm failed to follow city and state disclosure requirements dozens of times between 2011 and 2020, leading to nearly $38,000 in fines for late and incorrect filings. Records reveal Raspberry’s former clients are still registered to lobby on both the city and state levels.

New York – Hochul Says She Had No Role in New York’s $637M Deal with Campaign Donor
Albany Times Union – Chris Bragg | Published: 10/6/2022

Gov. Kathy Hochul said that before her staff authorized $637 million in payments to a major campaign donor, she was never asked to give final approval to the taxpayer-funded deal for COVID-19 tests from Digital Gadgets. The governor also said she was not briefed about the cost of the purchase orders, which were significantly higher than what other companies had charged for providing rapid tests to New York. Before finalizing the deals, Digital Gadgets had little history as a distributor of COVID-19 tests. The company’s chief executive officer, Charlie Tebele, held campaign fundraisers for Hochul around the time the contract was awarded.

Ohio – Cleveland Police Commander Faces Discipline for Hiding His Work with Private Security Companies, Failing to Pay Taxes
MSN – Adam Ferrise (Cleveland Plain Dealer) | Published: 9/28/2022

Cleveland police Commander Michael Butler faces accusations involving his work for private security companies, including that he hid from city officials his work for the businesses during a time he led the city’s efforts at staffing both officers and security firms for major events, according to an internal disciplinary letter. The city’s letter also said Butler broke state law by failing to pay taxes on income he had earned.

Ohio – FirstEnergy Fights to Keep Records Tied to Bribery Scheme from the Public
Ohio Capital Journal – Jake Zuckerman | Published: 10/5/2022

FirstEnergy, which has admitted to spending tens of millions of dollars bribing top government officials in Ohio, asked state regulators to shield documents about its bribes from release to the public. The company’s request will soon be decided by the Public Utilities Commission of Ohio, whose former chairperson, Sam Randazzo, allegedly accepted a $4.3 million bribe from the utility for favorable regulatory treatment. The records could unmask the identities of several government officials and energy executives that FirstEnergy anonymously identified in its deferred prosecution agreement with the Justice Department.

Ohio – Ohio Secretary of State Frank LaRose Creating Public Integrity Unit in Office Reorganization
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 10/5/2022

Ohio Secretary of State Frank LaRose is reorganizing his office to form a “public integrity” unit, a shuffling he said will include hiring of investigators with the authority to issue subpoenas to look into potential elections-related crimes. The secretary of state would make the decision on what cases to pursue. Any cases would be turned over to the attorney general’s office or local county prosecutors, which play a role in enforcing state criminal laws, or the Ohio Elections Commission, which is a clearinghouse for violations of state elections law. The move comes as increasing numbers of Republican voters view the accuracy of elections with suspicion.

Oklahoma – Okla. GOP Ties Hospital’s Covid Funds to End of Gender-Affirming Care
MSN – Kimberly Kindy (Washington Post) | Published: 10/4/2022

Oklahoma lawmakers added a controversial provision before awarding the state’s largest hospital system $108 million in pandemic relief funds. OU Health would only get the money if its Oklahoma Children’s Hospital stopped providing gender-affirming care. The move, which the governor signed into law, marks the first time that conservative state lawmakers have tied gender-affirming care to the receipt of funds from the American Rescue Plan Act. Some advocates worry it might embolden other Legislatures with GOP majorities to add similar restrictions before allocating money to publicly funded hospitals.

Oregon – City Elections Office Upholds Campaign Penalty Against Council Candidate Rene Gonzalez
Portland Mercury – Alex Zielinski | Published: 9/29/2022

Portland City Council candidate Rene Gonzalez’s appeal of a $77,000 campaign finance violation was rejected by the Small Donor Elections program. Gonzalez had argued that accepting a $250 monthly rate for an office rental in downtown Portland that normally goes for a monthly rate of $6,900 was not an in-kind contribution from property owner Jordan Schnitzer. According to Gonzalez, that is because vacancy rates are so high in downtown Portland the office would have gone unrented if his campaign had not occupied the space.

Pennsylvania – As TV Doctor, Mehmet Oz Provided Platform for Questionable Products and Views
MSN – Colby Itkowitz and Lenny Bernstein (Washington Post) | Published: 10/3/2022

As a Republican candidate for a U.S. Senate seat in Pennsylvania, a key battleground in the fight for control of the chamber, Mehmet Oz, a cardiothoracic surgeon, is putting his medical background and his popular television show at the center of his campaign pitch. But during the show’s run from 2009 to 2021, Oz provided a platform for potentially dangerous products and fringe viewpoints, aimed at millions of viewers, according to medical experts, public health organizations, and federal health guidance.

Pennsylvania – Unresolved Gray Areas in Pa. Mail Voting Law Likely to Spur Fresh Confusion, Legal Challenges
Spotlight PA – Stephen Caruso and Katie Meyer | Published: 10/5/2022

Some key questions on mail ballots remain unsettled in Pennsylvania, opening the door for more legal action and confusion after the upcoming gubernatorial and U.S. Senate races. State lawmakers in 2019 passed a bipartisan overhaul of the state’s election law and allowed no-excuse mail voting for the first time. That law does not say, for instance, whether counties should be able to contact voters who have submitted mail ballots with errors and allow them to fix them, a process known as ballot curing. The law also does not mention ballot drop boxes or how they should be regulated.

Texas – Ethics Commission Shelves Lobbying Complaint Against Austin Pets Alive! Employee
Austin Monitor – Chad Swiatecki | Published: 10/3/2022

The Ethics Review Commission opted not to move forward with a lobbying complaint against Katie Jarl, a member of the city’s Animal Advisory Commission who also works in a governmental affairs job for Austin Pets Alive (APA). The complaint was based on the likelihood that Jarl was involved in lobbying activity for APA in 2021 when it was negotiating with the city for a long-term lease for a shelter property. City laws bar a registered lobbyist from serving on boards and commissions.

Texas – Fort Worth City Manager Apologizes After Reprimanded for Trip with Sundance Square Owners
MSN – Lana Ferguson (Dallas Morning News) | Published: 10/5/2022

Fort Worth City Manager David Cooke was publicly reprimanded for taking a trip to Colorado on a private plane with Ed and Sasha Bass. Some argue the trip was, in part, to promote the city, but Cooke said it was a “personal trip with friends.” Cooke will remain in his role but must recuse himself from all city business tied to Sundance Square, which the Basses own, and the Downtown Public Improvement District. Mayor Mattie Parker and the city council said Cooke’s decision to take the Labor Day weekend trip to Aspen showed “questionable judgement” and that, when asked about it, he “exercised poor communication to the public.”

Virginia – IT Issues Stall Voter-Records Processing for 107,000 in Virginia
MSN – Laura Vozzella (Washington Post) | Published: 10/5/2022

Local registrars across Virginia began scrambling to process about 107,000 voter records dumped on them overnight by the state Department of Elections, where computer network failures had left applications in limbo for months. Gov. Glenn Youngkin’s office blamed unspecified technical problems for the backlog, which affected new voter registration applications, address updates, and other changes submitted through the Department of Motor Vehicles. Registrars do not face a hard deadline for processing registrations, but state law requires they notify voters of their polling place 15 days before an election.

Virginia – Virginia Paid Governor Youngkin’s Political Ad Agency $268K to Make a Tourism Ad – Featuring Youngkin.
Richmond Times-Dispatch – Patrick Wilson | Published: 10/5/2022

The political advertising agency behind Glenn Youngkin’s successful bid for Virginia governor, which created his branding, received a $268,600 contract from a state agency to produce a tourism video that heavily features Youngkin himself. The ad will appear in Virginia’s airports and welcome centers at a time when the governor is considering a run for president and is seeking to boost his national image. Poolhouse specializes in digital advertising for GOP candidates. It was formed in 2013 and has never performed marketing work for the state before the Youngkin tourism advertisement.

Campaign Finance

National: “DataVault Requests US Election Agency’s Advice to Send NFTs as a Campaign Fundraising Incentive” by Turner Wright for Cointelegraph

Virginia: “Virginia Paid Governor Youngkin’s Political Ad Agency $268k to Make a Tourism Ad – Featuring Youngkin.” by Patrick Wilson for Richmond Times-Dispatch

Elections

Georgia: “Georgia DA: GOP bankrolling lawyers for ‘fake’ Trump electors ‘rife with serious ethical problems’” by Michael Isikoff and Daniel Klaidman for Yahoo News

Pennsylvania: “Unresolved Gray Areas in Pa. Mail Voting Law Likely to Spur Fresh Confusion, Legal Challenges” by Stephen Caruso and Katie Meyer for Spotlight PA

Ethics

National: “Politics Are Becoming Tougher to Avoid at Work, Survey Finds” by Taylor Telford (Washington Post) for MSN

Ohio: “FirstEnergy Fights to Keep Records Tied to Bribery Scheme from the Public” by Jake Zuckerman for Ohio Capital Journal

Oklahoma: “Okla. GOP Ties Hospital’s Covid Funds to End of Gender-Affirming Care” by Kimberly Kindy (Washington Post) for MSN

Lobbying

Maryland: “Nash Seeking Clarity on Lobbying Rules After Ethics Decision” by Ryan Marshall (Frederick News-Post) for Yahoo News

Redistricting

Alabama: “Supreme Court Debates Alabama’s Refusal of Second Black Voting District” by Robert Barnes (Washington Post) for MSN

The Philadelphia Board of Ethics revised a regulation governing coordinated campaign expenditures.

Regulation 1 considers expenditures to be coordinated if they are made based on instructions received from a campaign.

A public communication from a campaign may constitute instructions if the communication includes a suggestion the electorate should be made aware of the information and the manner in which the information should be presented (e.g., “voters need to hear”).

The presumption of coordination can be refuted by demonstrating there was an independent basis for the expenditure.

The revised regulation took effect October 3.

California Gov. Gavin Newsom signed Senate Bill 1439, expanding pay-to-play regulations.

The prohibition on agency officials accepting a contribution of more than $250 during and following a proceeding involving a license, permit, or other entitlement for use is extended by the bill from three months to 12 months following the final decision.

The bill removes the exception for elected local government officials, applying to them the same restrictions as state officials.

The bill also creates a duty for a party to a proceeding to disclose whether that party or the party’s agent has made a contribution of more than $250 in the 12 months before the proceeding.

This bill becomes effective January 1, 2023.

Campaign Finance

National: “Pro-DeSantis Hybrid PAC to File Lawsuit Challenging Unfavorable FEC Ruling” by Taylor Giorno for OpenSecrets

Louisiana: “Louisiana Officials Use Campaign Cash to Buy LSU, Saints Tickets” by Julie O’Donoghue for Louisiana Illuminator

Montana: “Commissioner of Political Practices to Step Down Before Term Ends” by Sam Wilson for Helena Independent Record

Elections

Georgia: “Herschel Walker Paid for Girlfriend’s Abortion, Report Says” by Bill Barrow (Associated Press) for MSN

Ethics

National: “U.S.: Oath Keepers, Rhodes attacked ‘bedrock of democracy’ on Jan. 6” by Spencer Hsu, Rachel Weiner, and Tom Jackman (Washington Post) for MSN

National: “Trump Asks Supreme Court to Intervene in Mar-a-Lago Search Case” by Devlin Barrett and Robert Barnes (Washington Post) for MSN

National: “The Onion Files Amicus Brief in Support of Ohio Man’s Facebook Page” by Jared Gans (The Hill) for Yahoo News

California: “A Cannabis Bribe and Arson: Former Adelanto councilman sentenced to federal prison” by Gregory Yee (Los Angeles Times) for MSN

Lobbying

New York: “Contender for Top NYC City Hall Post Left Trail of Penalties and Debt as a Lobbyist” by Michael Gartland (New York Daily News) for MSN

Campaign Finance

California: “New State Law Could Curb Pay to Play Politics in Orange County & California” by Spencer Custodio for Voice of OC

Ethics

National: “Trump’s Lawyer Refused His Request in February to Say All Documents Returned” by Josh Dawsey and Jacqueline Alemany (Washington Post) for MSN

National: “Supreme Court to Scrutinize U.S. Protections for Social Media” by Andrew Chung (Reuters) for MSN

Florida: “The Story Behind DeSantis’s Migrant Flights to Martha’s Vineyard” by Edgar Sandoval, Miriam Jordan, Patricia Mazzei, and J. David Goodman (New York Times) for Yahoo News

Massachusetts: “Former State Police Union Boss Dana Pullman and Former Lobbyist Anne Lynch Face Trial for Alleged Kickback Schemes” by Shelly Murphy (Boston Globe) for MSN

New Mexico: “NM Sen. Ivey-Soto Resigns from the Chairman Position of an Influential Committee” by Shaun Griswold for Source New Mexico

Lobbying

Texas: “Ethics Commission Shelves Lobbying Complaint Against Austin Pets Alive! Employee” by Chad Swiatecki for Austin Monitor

Redistricting

New York: “City Council Redistricting Drama Underscores Dropped Commission Ethics Policy” by Ethan Geringer-Sameth for Gotham Gazette

The U.S. Court of Appeals for the 3rd Circuit issued a ruling allowing trade associations representing banks to make campaign contributions.

The New Jersey state law prohibits banks from providing financial support to candidates, but the court found there is less risk of corruption when industry trade associations make the contribution because the member banks have varying interests.

The plaintiff in the case lacked standing to sue on behalf of individual banks, and the plaintiff’s First Amendment challenge to the law was rejected.

As a result, while banks cannot make political contributions to candidates in New Jersey, trade associations are now permitted to make such contributions.