Campaign Finance Pennsylvania: “The Super PAC Backing Jeff Brown’s Mayoral Campaign Is Asking a Judge to Toss the City Ethics Board’s Lawsuit” by Sean Collins Walsh (Philadelphia Inquirer) for MSN Elections Minnesota: “Minnesota Passes Sweeping Election Reforms” by Andy Monserud for Courthouse News Service Ethics National: “Proud Boys Enrique Tarrio, 3 Others Guilty of Jan. 6 Seditious Conspiracy” by Spencer Hsu, Rachel Weiner, and Tom Jackman (Washington Post) for MSN National: “Clarence Thomas’ Wife Ginni Was Paid Nearly $100,000 for ‘Consulting’ by a Nonprofit That Ended Up Filing an Amicus Brief to the Supreme Court: Report” by Erin Snodgrass and Matthew Loh (Business Insider) for Yahoo News Florida: “Miami’s Mayor Attends Pricey Heat Playoff Games and Glam Grand Prix Parties. Who Pays?” by Sarah Blaskey and Camellia Burris (Miami Herald) for Yahoo News Georgia: “Kemp Signs Bill That Allows Ouster of Local Georgia Prosecutors” by John Wagner and Matthew Brown (Washington Post) for MSN Legislative Issues Montana: “One Family Has Spearheaded Montana’s Unflinching Conservatism” by Mike Baker and Jacey Fortin (New York Times) for Yahoo News Lobbying California: “How Free Trips for California Legislators Lead to Bills” by Jeremia Kimelman and Alexei Koseff (CalMatters) for MSN

National/Federal

Top Republicans Balk at WinRed’s Plan to Charge More for Online Donations

DNyuz – Shane Goldmacher (New York Times) | Published: 4/28/2023

A battle over a threatened price increase has exposed growing tensions between top Republican Party officials and the company with a virtual monopoly on processing GOP campaign contributions online. Party leaders have risen up in opposition to the proposed price increase, which would siphon millions of dollars from campaigns less than 20 months after the company, WinRed, had said its finances were robust enough to forego an extra fee on every transaction.

Democratic AGs Are Using the Courts to Win on Abortion, Gun Control

MSN – Scott Wilson (Washington Post) | Published: 4/30/2023

Several Democratic attorneys general are moving aggressively on key social policy issues to blunt Republican initiatives across the country designed to loosen gun restrictions, outlaw abortion, and curtail the rights of transgender residents. The Democratic effort is creating what amounts to a series of state sanctuaries for those threatened by Republican laws. It also reflects a sense among the Democratic state attorneys general that a divided Congress is too deadlocked to pass any significant social policy legislation or impose civil rights protections.

Bill Would Require Disclosure of AI-Generated Content in Political Ads

MSN – Isaac Stanley-Becker (Washington Post) | Published: 5/2/2023

As AI image generators and other tools have proliferated, the technology has become an instrument of political messaging, mischief, and misinformation. U.S. Rep. Yvette Clarke introduced legislation that would amend federal campaign finance law to require that political ads include a statement disclosing any use of AI-generated imagery. The FEC tightened rules about sponsorship disclaimers for digital ads, making clear the requirement to disclose who paid for ads promoted on websites also apply to advertising on other platforms, such as social media and streaming sites.

Fugees Rapper Pras Michél Guilty in Sprawling Corruption Trial

MSN – Paul Duggan (Washington Post) | Published: 4/26/2023

Pras Michel, a rapper and producer best known as a member of the hip-hop group the Fugees, was convicted on 10 felony counts for his role in a tangle of conspiracies involving money laundering, campaign finance violations, illegal lobbying, and witness tampering. He was accused of accepting $865,000 from Malaysian financier Low Taek Jho and giving that money to straw donors who used it to donate to former President Obama. Michel was also accused of trying to convince the Trump administration and the Justice Department to drop investigations into Low and assisting China in its efforts to have a dissident brought back to the country.

Pence Appears Before Jan. 6 Grand Jury in Trump Special Counsel Probe

MSN – Jacqueline Alemany and Spencer Hsu (Washington Post) | Published: 4/27/2023

Former Vice President Mike Pence testified before a grand jury that has been investigating the riot at the U.S. Capitol and alleged efforts by Donald Trump and others to overturn the results of the 2020 election. Pence has said he is not asserting executive privilege, which could span other discussions, including his conversations with Trump and other top White House advisers, and matters not directly related to his constitutionally mandated Senate role. Attorneys for Trump challenged the Pence subpoena on executive privilege grounds to preserve the confidentiality of presidential decision-making.

Deep Divide at Supreme Court Ethics Hearing, Despite Some GOP Calls for Action

MSN – Ann Marimow and Robert Barnes (Washington Post) | Published: 5/2/2023

A U.S. Senate hearing on Supreme Court ethics was dominated by partisan clashes, even as some Republican senators suggested the justices should be paying attention to public calls for a more robust and clear code of conduct. Judiciary Committee Chairperson Richard Durbin called the hearing after recent revelations about unreported lavish travel and real estate deals involving Justice Clarence Thomas and a billionaire Republican donor. He and other leading Democrats, along with advocates for court transparency, have grown increasingly frustrated with the justices’ refusal to set stronger rules for reporting and acting on potential conflicts.

Clarence Thomas Had a Child in Private School. Harlan Crow Paid the Tuition.

ProPublica – Joshua Kaplan, Justin Elliott, and Alex Mierjeski | Published: 5/4/2023

In 2008, Supreme Court Justice Clarence Thomas decided to send his teenage grandnephew to Hidden Lake Academy, a private boarding school in Georgia. Thomas had taken legal custody of Mark Martin when he was six years old. Tuition at the boarding school ran more than $6,000 a month. But Thomas did not cover the bill. A bank statement shows the source of Martin’s tuition payment for one year at the school was the company of billionaire real estate magnate Harlan Crow. Thomas did not report the tuition payments from Crow on his annual financial disclosures.

Carlson’s Text That Alarmed Fox Leaders: ‘It’s not how white men fight’

Yahoo News – Jeremy Peters, Michael Schmidt, and Jim Rutenberg (New York Times) | Published: 5/2/2023

A text message sent by Tucker Carlson that set off a panic at the highest levels of Fox on the eve of its billion-dollar defamation trial showed its most popular host sharing his private, inflammatory views about violence and race. The discovery of the message contributed to a chain of events that ultimately led to Carlson’s firing. For years, Carlson espoused views on his show that amplified the ideology of white nationalism. But the text message revealed more about his views on racial superiority.

From the States and Municipalities

Canada – Council Approves Lobbyist Registry for Barrie

Barrie Today – Bob Bruton | Published: 5/4/2023

The city council approved creating a lobbyist registry for Barrie. The registry will take effect January 1, 2024, and Suzanne Craig, the city’s integrity commissioner, will be appointed as interim registrar. Lobbyists will be required to register and report their activities no later than 10 days after a meeting has taken place with a public officeholder. Those who are registering as a lobbyist must have their profile approved by the registrar. The city will develop an online tool for submissions.

Arizona – Group Wants to Keep Dark Money Out of Politics

KAWC – Howard Fischer (Capitol Media Services) | Published: 4/30/2023

The group that convinced Arizona voters last year to expose “dark money” contributions to political campaigns wants a federal judge to toss a bid by a conservative advocacy group to kill the new law. In court filings, attorneys for Voters’ Right to Know said there is nothing inherently unconstitutional about ensuring that voters know the true source of funds being spent to influence their decisions on candidates and ballot measures. Hanging in the balance is Proposition 211.

California – Cooling Off Bill Heats Up Capitol Controversy, Gets Shelved

Capitol Weekly – Lisa Renner | Published: 4/27/2023

A bill to slow the “revolving door” of legislative staffers to lobbyist firms in California was shelved after sexual harassment victims’ advocates expressed opposition. Senate Bill 573 would have set the waiting period at one year and would be applied to staff on an issue-specific basis. Members of We Said Enough, a harassment victims’ group, said the waiting period could prevent victims from pursuing “natural career pathways” if they have to leave their Capitol jobs to flee sexual abuse or bullying.

California – Cupertino Lobbyist Rules Likely to Weather Constitutional Challenge

Courthouse News Service – Natalie Hanson | Published: 5/1/2023

The League of Women Voters of Cupertino-Sunnyvale filed a lawsuit against the city of Cupertino in 2022, claiming the ordinance that requires lobbyists to register and file disclosure reports is an overbroad regulation. The complaint contends the requirements have chilled members’ ability to exercise their protected rights to assemble, engage in free speech, and petition the government. U.S. District Court Judge Jeffrey White dismissed the case, finding the ordinance does not directly regulate who can speak or what they can say.

California – FPPC Opens Investigation into Chula Vista Official Over Public Disclosure Laws

MSN – Tammy Murga (San Diego Union Tribune) | Published: 5/3/2023

The California Fair Political Practices Commission is investigating allegations that Chula Vista Councilmember Andrea Cardenas violated conflict-of-interest and economic-interest disclosure laws. Laura Wilkinson Sinton, who lodged the complaint, is a local cannabis business owner who sued the city in 2020 over a permit application for her business Caligrown. She asserts Cardenas has not publicly disclosed in her statements of economic interest the cannabis companies represented by Grassroots Resources, the political consulting firm that employs Cardenas.

California – S.F. Corruption Scandal: Here’s the latest prominent figure to plead guilty

MSN – Mallory Moench (San Francisco Chronicle) | Published: 5/2/2023

John Porter, a former executive at the Recology trash-hauling company, pleaded guilty in federal court to conspiracy to commit fraud, admitting he paid more than $55,000 in bribes to disgraced former San Francisco Public Works Director Mohammed Nuru, who was at the center of a web of corruption in multimillion-dollar contracts for city services and now faces seven years in prison. The charge against Nuru for fraud in January 2020 started a domino effect of criminal actions against other city employees and contractors.

California – El Monte Will Require Lobbyists to Register, Limit Gifts to City Officials to $50 a Month

MSN – Jason Henry (Pasadena Star-News) | Published: 4/28/2023

Starting May 18, lobbyists in El Monte will need to register with the city, publicly disclose their clients, and adhere to a $50 monthly gift limit. The ordinance requires lobbyists to register within 15 days of any lobbying in the city and to identify their clients when presenting at council meetings if they are not already registered. After the initial registration, lobbyists are required to submit reports on their activities twice a year.

Colorado – Colorado GOP Chair Dave Williams’ Day Job as a Legislative Aide Raises Some Concerns at the Capitol

Colorado Public Radio – Bente Birkeland | Published: 4/27/2023

Dave Williams, the new head of the Colorado Republican Party, is also working full time as a state legislative aide, an unusual arrangement that has some questioning how he can fulfill the responsibilities of both positions without running afoul of legislative rules. It is not unheard of for a GOP chairperson to have a day job and historically it was a volunteer role. Legislative rules say aides should be impartial and free of conflicts-of-interest while performing their duties, being sure to “maintain objectivity,” and not let outside biases impact their work.

Connecticut – Do Bridgeport Officials’ Free Concert Tickets Break Ethics Rules?

Stamford Advocate – Brian Lockhart | Published: 4/30/2023

Candidates challenging Joe Ganim’s mayoral re-election agreed that average residents should be granted better access to the 25-seat suite the city of Bridgeport maintains at its new concert amphitheater. City Attorney Mark Anastasi argued the use of the suite by Bridgeport officials does not violate sections of the municipal code forbidding financial gains and preferential treatment. Records for 2022 showed the two-tickets-per-person limit was not always enforced and many of the city employees who attended shows were not average rank-and-file workers but higher-level staffers or those with close ties to Ganim or the local Democratic Party.

Florida – In Blow to DeSantis, Florida Bills to Limit Press Protections Are Shelved

DNyuz – Ken Bensinger (New York Times) | Published: 5/3/2023

Legislation that would have sharply curbed press protections in Florida will not face a vote this year, a rare example of forces on the right thwarting a piece of Gov. Ron DeSantis’s agenda. The bills proposed sweeping changes to laws that shield media outlets from liability in defamation cases and sought to make it easier for private citizens to file libel suits. In addition to opposition from news outlets and free-speech groups, the legislation faced resistance from his allies, including right-wing media.

Florida – Appeals Court Upholds Florida Voting Restrictions Approved by GOP Lawmakers

MSN – Bruce Ritchie and Gary Fineout (Politico) | Published: 4/27/2023

A federal appeals court sided with Florida Gov. Ron DeSantis when it overturned a lower court’s decision on a controversial voting law. That law placed restrictions on the use of drop boxes and set new requirements for voter registration groups, among other things. U.S. District Court Judge Mark Walker had ruled the law was discriminatory against minorities and placed unconstitutional burdens on voters. Walker ordered the state to get court approval for a decade before it enacts changes in three areas of election law.

Florida – The First Arrests from DeSantis’s Election Police Take Extensive Toll

MSN – Lori Rozsa (Washington Post) | Published: 5/1/2023

Many of the initial 20 arrests announced by the Office of Election Crimes and Security in Florida have stumbled in court. Six cases have been dismissed and five other defendants accepted plea deals that resulted in no jail time. Only one case has gone to trial, resulting in a split verdict. The others are pending. Critics say the low numbers point to the overall strength of Florida’s electoral system and a lack of sufficient evidence to pursue further charges. DeSantis pushed through a bill ensuring the statewide prosecutor has jurisdiction over election crime cases, an attempt to resolve an issue several judges have raised in dismissing cases.

Illinois – Defendants Found Guilty on All Counts in ‘ComEd Four’ Trial; Juror Says Panel Wanted ‘Politics to Run in a Correct Manner’

MSN – Jason Meisner, Ray Long, and Megan Crepeau (Chicago Tribune) | Published: 5/2/2023

A jury convicted all four defendants of bribery conspiracy at their trial in Chicago that provided an inside look at “pay-to-play” politics in Illinois that prosecutors said involved the state’s largest electric utility and, at the time, one of its most powerful politicians. Federal prosecutors presented evidence to show two former Commonwealth Edison (ComEd) executives, a former utility consultant, and a longtime government insider arranged contracts, jobs, and money for associates of then-Illinois House Speaker Michael Madigan, once one of the nation’s most powerful legislators, to ensure proposed bills boosting ComEd profits became law.

Illinois – Illinois Set to Become First State to End Book Bans

Politico – Shia Kapos | Published: 5/3/2023

Illinois is poised to become the first state to punish public institutions that ban books. Gov. JB Pritzker has said he supports a House bill that would withhold state funding from any of the state’s 1,600 public or school libraries that remove books from their shelves. The impetus for the legislation came from Secretary of State Alexi Giannoulias, whose office oversees library systems and their funding. Giannoulias said he could not fathom that book banning is happening in 2023.

Illinois – Judge Rules Niles Cannot Have an Elected Ethics Board; Voters Won’t Learn Results of April 4 Election

Yahoo News – Caroline Kubzansky (Chicago Tribune) | Published: 4/26/2023

Voters in Niles, Illinois, will probably never know the results of an April 4 election after a Cook County Circuit Court judge ruled that village ordinance and structure does not allow for the creation of an elected ethics board. The ruling appears to end the effort by some citizens to initiate an elected ethics panel and Mayor George Alpogianis indicated the village’s appointed ethics board would be reconstituted.

Iowa – Iowa Legislature Passes Bill Restricting State Auditor’s Access to Records

MSN – Amy Wang (Washington Post) | Published: 4/27/2023

Republican lawmakers in Iowa passed a bill that would limit the state auditor’s access to certain records, a move the auditor says is intended to hamstring the office of the only statewide elected Democrat and could put $12 billion of federal funding at risk. The bill would prohibit the auditor from accessing a wide variety of records unless the agency being audited “agrees that the information is necessary for the purposes of the audit.” It would set up a three-person arbitration board in the case of any disputes about whether a state agency should provide documents to the auditor’s office.

Kentucky – Louisville Councilman Anthony Piagentini Sues Ethics Commission Investigating Him

MSN – Lucas Aulbach (Louisville Courier-Journal) | Published: 5/4/2023

Louisville Metro Council member Anthony Piagentini is pushing back against an ethics complaint filed against him. Piagentini filed a lawsuit alleging the Louisville Metro Ethics Commission disclosed confidential records in the case to the media and to the person who filed the complaint against him, and the city has failed to comply with its open meetings laws.

Maine – Portland City Council Establishes Clean Elections Program

Yahoo News – Rachel Ohm (Portland Press Herald) | Published: 5/1/2023

Portland city councilors approved creating a municipal clean elections program that will provide campaign funding to candidates in local races, starting with the November election. Candidates for mayor, city council, and school board will all be eligible for the funds staring June 1. Those interested in participating can register with the city clerk and begin collecting qualifying contributions of five dollars from voters to be eligible for the municipal funds.

Maryland – Ex-Legislative Black Caucus Chair Sees Lobbying Opportunities for People of Color

Maryland Daily Record – Jack Hogan | Published: 4/27/2023

Former Maryland Del. Darryl Barnes, the previous chair of the Legislative Black Caucus, said he hopes his transition into lobbying will open the door for more Black people to join the profession. Barnes recently joined Evans & Associates, an Annapolis lobbying firm. Barnes plans to establish a Black lobbying association in the state to recruit and mentor future lobbyists and focus on policies affecting the African American community.

Michigan – Will Michigan’s Financial Disclosure Law Reveal Politicians’ Long-Hidden Perks? It’s Up to Them.

MLive – Simon Schuster | Published: 5/1/2023

Last November, Michigan voters approved a constitutional amendment requiring state elected officials to disclose information about their personal finances for the first time. Proposal 1 provides some broad disclosure requirements such as descriptions of assets and debts, sources of earned and unearned income, and memberships in organizations without much more detail. The proposal required legislators to pass a law implementing the financial disclosure system by the end of this year. It means the Legislature and Gov. Gretchen Whitmer will have a lot of latitude to choose precisely how much transparency voters see.

Montana – Son Asked Montana Governor to Veto Anti-Trans Bill. It Didn’t Work.

MSN – Dan Rosenzweig-Ziff (Washington Post) | Published: 4/28/2023

Few expected a lobbying effort from the Montana governor’s son. Gov. Greg Gianforte had heard from other queer activists for weeks as the state Legislature advanced anti-transgender bills. But his son caught the attention of queer and trans people across the state and country for trying to persuade his father not to sign the bills. David Gianforte, who came out publicly as nonbinary very recently and uses he and they pronouns. Despite his son’s attempts, the governor signed a bill restricting gender-affirming medical care for transgender youths, joining 14 states that have passed similar laws since January.

Montana – Judge Rejects Zooey Zephyr Bid to Return to Montana House

Yahoo News – Amy Beth Hanson and Matthew Brown (Associated Press) | Published: 5/2/2023

State Rep. Zooey Zephyr, the transgender lawmaker silenced after telling Republicans they would have blood on their hands for opposing gender-affirming health care for children, was barred from returning to the Montana House floor in a court ruling that came just hours before the Legislature wrapped up its biennial session. District Court Judge Mike Menahan said it was outside his authority to overrule lawmakers who voted to exclude Zephyr from the floor and debates. He cited the importance of preserving the Constitution’s separation of powers.

Nebraska – Complaint Dismissed Against State Capitol Bible Study, Leader Says He’s Being More Careful

Nebraska Examiner – Paul Hammel | Published: 4/27/2023

A formal complaint that Arin Hess, the leader of a State Capitol Bible study group, needed to register as a lobbyist has been dismissed by the Nebraska Accountability and Disclosure Commission. Hess organizes a weekly Bible study with about a dozen state senators and offers a similar meeting for legislative staffers. He also provides pastoral support and counsel at least three days a week at the Capitol. Hess said he has become more watchful that the studies do not stray into legislative matters.

Nebraska – Lawmakers Denounce Complaint Against Megan Hunt Alleging Conflict of Interest in Trans Bill

Omaha World Herald – Chris Dunker (Lincoln Journal-Star) | Published: 4/26/2023

Several Nebraska lawmakers denounced a complaint filed against state Sen. Megan Hunt, who is mother to a trans child, alleging she could benefit financially if a bill banning gender-affirming care for minors fails in the Legislature. Senators from both sides of the political aisle condemned a complaint submitted to the Accountability and Disclosure Commission as “frivolous” and “malicious.” Others called it a deliberate attempt to intimidate and harass a lawmaker and her family.

New Jersey – N.J. Campaign Manager Charged with Election Fraud in 2021 Primary for Governor

MSN – S.P. Sullivan (NJ Advance Media) | Published: 5/2/2023

A longtime New Jersey political operative faces criminal election fraud charges after authorities say he filed a petition with nearly 2,000 bogus signatures on behalf of his romantic partner, a frequent candidate for office. Jim Devine faces third-degree charges of election fraud and records tampering stemming from a petition for Lisa McCormick’s failed 2021 bid for governor. The charges against Devine are the latest in a string of political controversies involving the couple.

New York – State Launches Investigation of Assembly’s Unregistered Day Care Center

Albany Times Union – Brendan Lyons | Published: 4/28/2023

The New York Office of Children and Family Services (OCFS) confirmed it will investigate an unlicensed childcare center that state Assembly leaders have been operating for several months in the Legislative Office Building. The complimentary childcare service, which has been staffed by two legislative aides, has provided day care services for a handful of Democratic Assembly members. Although Speaker Carl Heastie’s office has used the term “drop-in center” to describe the day care room, OCFS generally defines those centers as serving homeless and runaway youth.

North Carolina – North Carolina Court, with New Partisan Mix, Reverses Itself on a Key Voting Case

Yahoo News – Michael Wines (New York Times) | Published: 4/28/2023

The North Carolina Supreme Court, with a new Republican majority, threw out a previous ruling against gerrymandered voting maps and upheld a photo voter identification law that colleagues had struck down as racially biased. The practical effect is to enable the GOP-controlled Legislature to scrap the court-ordered district boundaries that were used in elections last November, and draw new maps skewed in their favor for elections in 2024. Overturning such a recent ruling by the court was a highly unusual move, particularly on a pivotal constitutional issue in which none of the facts had changed.

Ohio – Can Cincinnati Recover from ‘Culture of Corruption’ Reputation While Bribery Cases Linger in Court System?

WCPO – Paula Christian | Published: 4/26/2023

Cincinnati drew national attention in 2020 when the FBI arrested three city council members on public corruption charges. Now, as two of those cases still linger in federal court, experts say the city cannot move past the embarrassment or reputational damage until they finally end. Former prosecutor and ex-council member Steve Goodin said out-of-town investors, particularly ones in commercial real estate, are still hesitant to develop in Cincinnati despite its hot market.

Ohio – Shammas Malik Wins Akron Mayoral Primary, in Line to Be the First Person of Color as Mayor

WOSU – Anna Huntsman, Abbey Marshall, and Abigail Bottar (Ideastream Public Media) | Published: 5/2/2023

City council member Shammas Malik will likely be Akron’s next mayor after winning the Democratic primary. A former assistant law director for Akron, Malik is expected to win the general election in November since there is no Republican or independent challenger on the ballot. Malik would be the first person of color to serve as mayor.

Oregon – Shemia Fagan Resigns as Oregon Secretary of State Following Cannabis Consulting Scandal

Oregon Public Broadcasting – Dirk VanderHart and Lauren Dake | Published: 5/2/2023

Oregon Secretary of State Shemia Fagan will resign May 8 in reaction to a scandal over her decision to accept lucrative side work as a cannabis consultant. Fagan’s announcement followed days of escalating fallout over revelations she signed a $10,000-per-month contract with the owners of an Oregon cannabis chain at the same time her office audited state regulations on marijuana businesses. The owners are also high-profile Democratic campaign donors.

South Carolina – Final Sentences Issued in SC Statehouse Ethics Scandal Cases

Charleston Post and Courier – Jessica Holdman | Published: 4/27/2023

A judge sentenced two former South Carolina lawmakers, bringing an end to proceedings in an eight-year corruption probe that ensnared six politicians and a leading political operative. Former Sen. John Courson was sentenced to a year of probation with 100 hours of community service. Former Rep. Tracy Edge paid a fine of $500 in lieu of six months in prison six months. Both former lawmakers saw reduced sentences for cooperating with prosecutors.

Vermont – Vermont Democratic Party Files Complaint Against True North Radio, Alleging Failure to Disclose Lobbying Activity

VTDigger.org – Sarah Mearhoff | Published: 4/28/2023

The Vermont Democratic Party filed a complaint against the conservative broadcasting company True North Radio for failing to disclose alleged lobbying activity. In February, True North Radio purchased dozens of spots from WCAX to air advertisements that appear to oppose the Affordable Heat Act just as lawmakers began hashing out details of the bill. Vermont’s lobbying disclosure laws require that an advertisement “intended, designed, or calculated to influence legislative action or to solicit others to influence legislative action” be disclosed within 48 hours of purchase if the ad costs more than $1,000.

Washington – Early WA Governor’s Race Skirmish? Campaign Finance Loophole Scrutinized

Seattle Times – Jim Brunner | Published: 4/28/2023

The Public Disclosure Commission (PDC) is considering whether to close a loophole that could give Washington Attorney General Bob Ferguson a big campaign money advantage if he runs for governor next year. The debate revolves around so-called surplus accounts where state politicians are allowed to park unspent campaign donations for use in future campaigns. Under current rules, Ferguson could transfer it to a gubernatorial campaign, and then ask donors for new contributions. Ferguson’s potential opponent asked the PDC to close the loophole, saying it allows an end-run around the state’s contribution limits.

On April 27, a bi-partisan bill was introduced in the U.S. Senate to amend the Foreign Agents Registration Act of 1938 (FARA).

Senate Bill 1364, the Foreign Agents Disclosure and Registration Enhancement Act, would provide the Attorney General with greater authority to promote enforcement of disclosure requirements for agents of foreign principals and increases penalties for noncompliance.

The bill also “improves FARA advisory opinion transparency and requires the Government Accountability Office to study whether and to what extent the Lobbying Disclosure Act exemption is being abused to conceal foreign lobbying activity,” according to the press release of U.S. Senator Chuck Grassley, the lead Republican sponsor of the bill.

Identical legislation had been introduced in 2019 but did not pass.

The first regular session of the 123rd General Assembly adjourned sine die on April 28 after passing bills regarding nonprofit disclosures and electronic signatures for campaign finance disclosures.

Senate Bill 302 has been signed by the governor and prohibits a state agency or a state official from imposing on any charitable organization any filing or reporting requirements more stringent or burdensome than those authorized under state or federal law.

The bill provides this limitation does not apply to requirements imposed in connection with state grants, contracts, fraud investigations, or in connection with an enforcement action.

House Bill 1212, House Bill 1336 have not been signed by the governor.

House Bill 1212 prohibits a public agency from requiring a person or nonprofit organizations to provide certain personal information to the public agency.

Exceptions to the prohibition include disclosures required under state campaign finance and lobbying disclosure laws.

House Bill 1336 permits electronic signatures to be used for the reporting of campaign contributions and expenditures.

Elections New Jersey: “N.J. Campaign Manager Charged with Election Fraud in 2021 Primary for Governor” by S.P. Sullivan (NJ Advance Media) for MSN Ohio: “Shammas Malik Wins Akron Mayoral Primary, in Line to Be the First Person of Color as Mayor” by Anna Huntsman, Abbey Marshall, and Abigail Bottar (Ideastream Public Media) for WOSU Ethics California: “S.F. Corruption Scandal: Here’s the latest prominent figure to plead guilty” by Mallory Moench (San Francisco Chronicle) for MSN National: “Deep Divide at Supreme Court Ethics Hearing, Despite Some GOP Calls for Action” by Ann Marimow and Robert Barnes (Washington Post) for MSN Illinois: “Defendants Found Guilty on All Counts in ‘ComEd Four’ Trial; Juror Says Panel Wanted ‘Politics to Run in a Correct Manner'” by Jason Meisner, Ray Long, and Megan Crepeau (Chicago Tribune) for MSN National: “Carlson’s Text That Alarmed Fox Leaders: ‘It’s not how white men fight'” by Jeremy Peters, Michael Schmidt, and Jim Rutenberg (New York Times) for Yahoo News Legislative Issues Montana: “Judge Rejects Zooey Zephyr Bid to Return to Montana House” by Amy Beth Hanson and Matthew Brown (Associated Press) for Yahoo News New York: “State Launches Investigation of Assembly’s Unregistered Day Care Center” by Brendan Lyons for Albany Times Union Lobbying California: “El Monte Will Require Lobbyists to Register, Limit Gifts to City Officials to $50 a Month” by Jason Henry (Pasadena Star-News) for MSN

Campaign Finance Arizona: “Group Wants to Keep Dark Money Out of Politics” by Howard Fischer (Capitol Media Services) for KAWC National: “Bill Would Require Disclosure of AI-Generated Content in Political Ads” by Isaac Stanley-Becker (Washington Post) for MSN Maine: “Portland City Council Establishes Clean Elections Program” by Rachel Ohm (Portland Press Herald) for Yahoo News Ethics Iowa: “Iowa Legislature Passes Bill Restricting State Auditor’s Access to Records” by Amy Wang (Washington Post) for MSN Michigan: “Will Michigan’s Financial Disclosure Law Reveal Politicians’ Long-Hidden Perks? It’s Up to Them.” by Simon Schuster for MLive Oregon: “Shemia Fagan Resigns as Oregon Secretary of State Following Cannabis Consulting Scandal” by Dirk VanderHart and Lauren Dake for Oregon Public Broadcasting Legislative Issues Nebraska: “Lawmakers Denounce Complaint Against Megan Hunt Alleging Conflict of Interest in Trans Bill” by Chris Dunker (Lincoln Journal-Star) for Omaha World Herald Lobbying California: “Cupertino Lobbyist Rules Likely to Weather Constitutional Challenge” by Natalie Hanson for Courthouse News Service

Campaign Finance National: “Top Republicans Balk at WinRed’s Plan to Charge More for Online Donations” by Shane Goldmacher (New York Times) for DNyuz Elections Florida: “The First Arrests from DeSantis’s Election Police Take Extensive Toll” by Lori Rozsa (Washington Post) for MSN Ethics Connecticut: “Do Bridgeport Officials’ Free Concert Tickets Break Ethics Rules?” by Brian Lockhart for Stamford Advocate National: “Democratic AGs Are Using the Courts to Win on Abortion, Gun Control” by Scott Wilson (Washington Post) for MSN Ohio: “Can Cincinnati Recover from ‘Culture of Corruption’ Reputation While Bribery Cases Linger in Court System?” by Paula Christian for WCPO Legislative Issues Colorado: “Colorado GOP Chair Dave Williams’ Day Job as a Legislative Aide Raises Some Concerns at the Capitol” by Bente Birkeland for Colorado Public Radio Lobbying Montana: “Son Asked Montana Governor to Veto Anti-Trans Bill. It Didn’t Work.” by Dan Rosenzweig-Ziff (Washington Post) for MSN Vermont: “Vermont Democratic Party Files Complaint Against True North Radio, Alleging Failure to Disclose Lobbying Activity” by Sarah Mearhoff for VTDigger.org

Campaign Finance

Washington: “Early WA Governor’s Race Skirmish? Campaign Finance Loophole Scrutinized” by Jim Brunner for Seattle Times

Elections

Florida: “Appeals Court Upholds Florida Voting Restrictions Approved by GOP Lawmakers” by Bruce Ritchie and Gary Fineout (Politico) for MSN

North Carolina: “North Carolina Court, with New Partisan Mix, Reverses Itself on a Key Voting Case” by Michael Wines (New York Times) for Yahoo News

Ethics

National: “Fugees Rapper Pras Michél Guilty in Sprawling Corruption Trial” by Paul Duggan (Washington Post) for MSN

National: “Pence Appears Before Jan. 6 Grand Jury in Trump Special Counsel Probe” by Jacqueline Alemany and Spencer Hsu (Washington Post) for MSN

Illinois: “Judge Rules Niles Cannot Have an Elected Ethics Board; Voters Won’t Learn Results of April 4 Election” by Caroline Kubzansky (Chicago Tribune) for Yahoo News

South Carolina: “Final Sentences Issued in SC Statehouse Ethics Scandal Cases” by Jessica Holdman for Charleston Post and Courier

Lobbying

Nebraska: “Complaint Dismissed Against State Capitol Bible Study, Leader Says He’s Being More Careful” by Paul Hammel for Nebraska Examiner

National/Federal

Chief Justice Declines to Testify Before Congress Over Ethics Concerns

DNyuz – Abbie VanSickle (New York Times) | Published: 4/25/2023

Chief Justice John Roberts told the Senate Judiciary Committee he was declining its invitation to testify about ethics rules for the Supreme Court. In an accompanying statement on ethics practices, all nine justices, under mounting pressure for more stringent reporting requirements at the court, insisted the existing rules around gifts, travel, and other financial disclosures are sufficient.

The Campaign Finance Agency’s Press Shop Can’t Confirm or Deny the Existence of Complaints Anymore

Government Executive – Courtney Bublé | Published: 4/26/2023

The press office for the FEC can no longer confirm or deny the existence of complaints of alleged violations it has received, departing from years of practice and raising concerns about transparency. The vote was requested by Commissioner Allen Dickerson, citing legal advice from the agency’s Office of General Counsel in 2006 that was never followed.

Trump Can’t Stop Pence from Testifying to Jan. 6 Grand Jury, Court Rules

MSN – Rachel Weiner (Washington Post) | Published: 4/26/2023

Donald Trump cannot block his former vice president from testifying before a grand jury investigating the attack on the U.S. Capitol, a federal appeals court ruled. The ruling helps clear the way for Mike Pence to speak under oath about the pressure Trump put him under to declare the 2020 election results invalid. While Trump could seek to further forestall that testimony by appealing to the Supreme Court, other people in the president’s orbit have testified after similar losing battles in the U.S. Court of Appeals for the District of Columbia Circuit.

Mike Lindell’s Firm Told to Pay $5 Million in ‘Prove Mike Wrong’ Election-Fraud Challenge

MSN – Chris Dehghanpoor, Emma Brown, and Jon Swaine (Washington Post) | Published: 4/20/2023

MyPillow founder and prominent election denier Mike Lindell claimed he had data showing Chinese interference in American elections and said he would pay $5 million to anyone who could prove the material was not from the previous year’s U.S. election. He called the challenge “Prove Mike Wrong.” A private arbitration panel ruled that someone did. The panel said Robert Zeidman, a computer forensics expert and Trump voter from Nevada, was entitled to the $5 million payout. Zeidman examined Lindell’s data and concluded that not only did it not prove voter fraud, it had no connection to the 2020 election.

Lobbying Firms Start Strong After Record $4-Billion Haul in 2022

MSN – Karl Evers-Hillstrom (The Hill) | Published: 4/20/2023

Leading Washington lobbying firms reported huge earnings, revealing business is still booming on K Street despite divided control of Congress. Lobbyists said they are busy influencing federal rules authorized by the Inflation Reduction Act and the CHIPS and Science Act. Corporate clients are also heavily invested in a potential permitting reform bill and the debt ceiling fight, which has the potential to cause major damage to the U.S. economy.

The Conservative Campaign to Rewrite Child Labor Laws

MSN – Jacob Bogage and María Luisa Paúl (Washington Post) | Published: 4/23/2023

The Foundation for Government Accountability (FGA) and its lobbying arm, the Opportunity Solutions Project, have found success among Republicans to roll back certain child labor protections. They are gaining traction at a time the Biden administration is scrambling to enforce existing labor protections for children. The FGA achieved its biggest victory in March, playing a central role in designing a new Arkansas law to eliminate work permits and age verification for workers younger than 16. That law was met with such public outcry that state officials approved a second measure increasing penalties on violators of the child labor codes.

Biden Announces He Is Running for Reelection in 2024

MSN – Tolouse Olorunnipa, Tyler Pager, and Michael Scherer (Washington Post) | Published: 4/25/2023

President Biden officially announced his bid for reelection, saying in a video that he wants to “finish the job” he started when the country was racked by a deadly pandemic, a reeling economy, and a teetering democracy. Claiming his presidency has pulled the country back from the brink on all those fronts, Biden underlined his ambition to turn what he had once pitched as a transitional presidency into something far more transformational.

Law Firm Head Bought Gorsuch-Owned Property

MSN – Heidi Przybyla (Politico) | Published: 4/25/2023

For nearly two years beginning in 2015, Supreme Court Justice Neil Gorsuch sought a buyer for a 40-acre property he co-owned in Granby, Colorado. Nine days after he was confirmed for a lifetime appointment on the Supreme Court, the then-Circuit Court judge got one: the chief executive of Greenberg Traurig, one of the nation’s biggest law firms. Gorsuch did not disclose the identity of the purchaser. Since then, Greenberg Traurig has been involved in at least 22 cases before or presented to the court.

No Labels Is Getting on State Ballots, Drawing a Lawsuit and Concerns About a Spoiler

Oregon Public Broadcasting – Ben Giles (KJZZ) | Published: 4/26/2023

The centrist political group No Labels is getting on the ballot in individual states, causing consternation among members of the major political parties about the organization’s endgame. The group says it is not interested in running a presidential campaign. Nonetheless, the nonprofit is committed to raising roughly $70 million to gather signatures and qualify for the ballot in 2024. Ryan Clancy, lead strategist for No Labels, insists it is a one-ticket operation, a presidential “insurance project” for dissatisfied Republicans and Democrats.

On Eve of Trial, Discovery of Carlson Texts Set Off Crisis atop Fox

Seattle Times – Jim Rutenberg, Jeremy Peters, and Michael Schmidt (New York Times) | Published: 4/26/2023

The day before Dominion Voting Systems’ defamation trial against Fox News was set to begin, the Fox board of directors and top executives made a discovery that helped lead to the breaking point between the network and Tucker Carlson. Private messages sent by Carlson that had been redacted in legal filings showed him making highly offensive and crude remarks that went beyond the inflammatory, often racist comments of his prime-time show and anything disclosed in the lead-up to the trial.

From the States and Municipalities

Canada – Google Denies It Engaged in ‘Astroturfing’ to Lobby Ottawa Through Third Parties

Globe and Mail – Marie Woolf | Published: 4/20/2023

Google denied accusations it had engaged in “astroturfing” campaigns to lobby against federal bills in Canada by paying individuals and other organizations to oppose them. Kent Walker, Google’s president of global affairs, faced questions from Members of Parliament in a committee hearing about lobbying over Ottawa’s online news bill, which would force Google to pay news publishers for reusing their work.

Arizona – Arizona Lawmakers Want Special Social-Media Treatment of Candidates

Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 4/23/2023

State lawmakers are poised to enact a measure designed to regulate how national and international social media platforms operate in Arizona. Senate Bill 1106 would put into state law that once people become candidates for any public office, they cannot have their posting rights taken away, essentially no matter what they say, truthful or otherwise. Only violations of the federal Communications Decency Act would result in loss of privileges. Social media sites that take down a candidate’s posting could face civil fines of up to $250,000 a day.

Arkansas – Former State Senator Jeremy Hutchinson Sentenced in Corruption Case

Northwest Arkansas Democrat-Gazette – Doug Thompson | Published: 4/25/2023

Former Arkansas Sen. Jeremy Hutchinson, the son of a former U.S. senator and nephew of a soon-to-be announced presidential candidate, received a 50-month prison sentence court for corruption. Hutchinson is one of five former Arkansas lawmakers convicted after a federal Medicaid fraud investigation, along with six health care company executives and lobbyists. The 50 months was added to the 46 months Hutchinson was sentenced to in Arkansas. He now faces a total eight years in prison.

California – SFMTA Commissioner Resigns After Illegal Lobbying

Mission Local – Joe Rivano Barros | Published: 4/25/2023

Gwyneth Borden, who has served on two city commissions over the past 15 years and was most recently the vice chair of the San Francisco Municipal Transportation Authority’s Board of Directors, has resigned following her admission that she illegally lobbied city staff and officials. Borden was paid $12,500 as a “consultant” for the Italian eatery Fiorella, which was seeking to legalize a non-compliant outdoor deck. Borden sent 32 emails to city staff, planning commissioners, and one city supervisor seeking support for a permit at the restaurant.

Colorado – Influential Conservative Dark-Money Group Doesn’t Have to Reveal Donors, Face Campaign Finance Sanctions, Denver Judge Rules

Colorado Sun – Jesse Paul | Published: 4/21/2023

A conservative “dark money” political group does not have to reveal its donors and pay a $40,000 fine levied by state elections officials stemming from the $4 million it spent on 2020 ballot initiatives, a Denver District Court judge ruled. Judge David Goldberg found Unite for Colorado, which has since disbanded, did not violate a state law requiring political nonprofits to register as issue committees and reveal their funders when their spending on a ballot initiative is their “major purpose.”

Connecticut – West Haven’s Attorney Suspended After Awarding City Work to His Own Law Firm

CT Mirror – Andrew Brown | Published: 4/25/2023

West Haven’s corporation counsel has over the past three years funneled city work to his own private law firm, enabling him and his wife to represent the city in foreclosure cases and to bill up to $225 per hour for their services. As West Haven’s top attorney, Lee Tiernan has the power to hire outside counsel to assist the city in legal matters. But documents show he used that authority to assign work to his wife, Amanda Tiernan, through a private law practice that bears his name.

District of Columbia – D.C. Settles Suit Brought by 2 Journalists Detained During Trump Inauguration

MSN – Keith Alexander (Washington Post) | Published: 4/25/2023

The District of Columbia agreed to pay $175,000 to two journalists to settle a lawsuit that alleged police unlawfully detained the pair while they were covering demonstrations and vandalism in downtown Washington during Donald Trump’s presidential inauguration in January 2017. A spokesperson for the journalists said writer Aaron Cantú and photojournalist Alexei Wood would split the settlement. Both were arrested and charged with rioting and other counts; Wood was acquitted at trial and prosecutors later dropped the charges against Cantú.

Florida – Disney Sues Gov. Ron DeSantis, Alleging Political Retaliation

MSN – Aaron Gregg and Lori Rozsa (Washinton Post) | Published: 4/26/2023

Walt Disney Co. is suing Florida Gov. Ron DeSantis over what it calls a “relentless campaign to weaponize government power” – an escalation of the year-long clash between the company and DeSantis. The lawsuit came the same day the governor’s handpicked board declared a Disney-friendly deal null and void. The standoff began when Disney leaders criticized a controversial education bill advanced by DeSantis and other Republicans. Disney’s resorts are some of the state’s prime attractions, but DeSantis expressed outrage that the company dared criticize the education bill and began attacking the company.

Hawaii – Former Hawaii Charter Schools Head Admits to Ethics Violations

Yahoo News – Esme Infante (Honolulu Star Advertiser) | Published: 4/26/2023

The former executive director of the Hawaii State Public Charter School Commission agreed to pay $5,000 in fines and admitted to committing more than a dozen violations of the state’s conflict-of-interest laws during his time at the agency. Sione Thompson signed off on multiple state contracts with three nonprofit organizations without disclosing he also served on the boards of those organizations, said the Hawaii Ethics Commission.

Illinois – Paul Vallas Seeks $700,000 from Campaign Consultant ‘For Services They Did Not Perform’

MSN – A.D. Quig and Gregory Pratt (Chicago Tribune) | Published: 4/21/2023

In Paul Vallas’ ultimately losing effort to become Chicago mayor, his campaign paid a political consultant nearly $700,000 to help win over Black voters – work Vallas now claims in a lawsuit was not performed. The suit, filed against Chimaobi Enyia and his business, says Vallas was the victim of fraud, unjust enrichment, and “in the alternative, breach of contract” by Enyia. Vallas claims Enyia used the pressure of the runoff election against Brandon Johnson to squeeze hundreds of thousands of dollars from the Vallas campaign.

Illinois – Prominent Lightfoot Supporter, Business Owner Pays $5,000 Ethics Fine for Lobbying City Hall Without Registering

WTTW – Heather Cherone | Published: 4/24/2023

Businessperson Carmen Rossi was fined $5,000 by the Chicago Board of Ethics for violating the city’s lobbying law. Rossi lobbied the Business Affairs and Consumer Protection Department on behalf of Chicago Parking Solutions even though he was not registered to lobby for the company. It won a contract to operate 13 parking lots on Chicago Public Schools property. But it was denied the licenses needed to operate those lots, prompting Rossi to send Business Affairs and Consumer Protection Commissioner Ken Meyer an email asking him to expedite the licenses.

Michigan – Businessman Pleads Guilty to Bribing Michigan Medical Marijuana Licensing Board Chairman

Detroit News – Craig Mauger and Robert Snell | Published: 4/21/2023

Businessperson John Dalaly pleaded guilty to providing bribes to Rick Johnson, the chair of Michigan’s medical marijuana licensing board, and told a federal judge he hired Johnson’s wife as a consultant at a rate of $4,000 a month. Dalaly faces up to 10 years in federal prison and became the first person to plead guilty in court as part of a wide-ranging corruption probe, examining Michigan’s awarding of licenses to sell and grow medical marijuana.

Michigan – In a Thriving Michigan County, a Community Goes to War with Itself

MSN – Greg Jaffe and Patrick Marley (Washington Post) | Published: 4/22/2023

The eight new members of the Ottawa County Board of Commissioners had run for office promising to “thwart tyranny” in their lakeside Michigan community of 300,000 people. In this case, the oppressive force they aimed to thwart was the county government they now ran. In an era when Americans had never seemed more divided and distrustful, county governments, at their best, helped define what remains of the common good. But Ottawa County was becoming a case study in what happens when one of the building blocks of democracy is consumed by ideological battles over race, religion, and American history.

Missouri – Missouri Lets Local Officials Take Unlimited Gifts from Lobbyists. Senators Move to Ban.

MSN – Kacen Bayless and Jonathan Shorman (Kansas City Star) | Published: 4/21/2023

The Missouri Senate voted to ban mayors, city council members, county commissioners, and other local government officials, along with employees of local elected officials, from accepting gifts from lobbyists, years after voters approved eliminating gifts for state legislators. The legislation now heads to the House. The bill would close a gap left by the Clean Missouri constitutional amendment, which greatly restricted lobbyist gifts to lawmakers, and a subsequent amendment that eliminated them altogether. Both measures focused on the General Assembly, while leaving local officials free to continue accepting gifts.

Missouri – Missouri AG Withdraws from Gambling Case After Taking Donations from Other Side

St. Louis Post-Dispatch – Jack Suntrup | Published: 4/25/2023

Lawyers working for Attorney General Andrew Bailey withdrew from a lawsuit lodged against the state by a politically connected company that has flooded Missouri with unregulated slot machines. The move follows tens of thousands of dollars in campaign donations to a PAC supporting Bailey from committees that have received contributions from the plaintiffs in the case. The committees are also tied to Steve Tilley, a lobbyist for the two plaintiffs in the case.

Montana – Montana Republicans Bar Transgender Lawmaker from House Floor

MSN – María Paúl, Timothy Bella, Maham Javaid, and Ben Brasch (Washington Post) | Published: 4/26/2023

The Montana House blocked a transgender lawmaker from the chamber floor for the remainder of the legislative session after an escalating standoff over her remarks on transgender issues. Since Zephyr said those who support banning gender-affirming care for transgender children would have “blood on your hands,” Republican leaders have declined to recognize her on the floor and her microphone has been disabled when lawmakers have debated. In response, Zephyr and her supporters held a rally that resulted in seven arrests and upended proceedings at the Capitol as people jammed inside the chamber and kept chanting, “Let her speak!”

Nebraska – Four Men, Including Omaha City Councilman Vinny Palermo, Federally Indicted

Lincoln Journal-Star – Emily Nitcher, Jessica Wade, and Christopher Burbach (Omaha World-Herald) | Published: 4/21/2023

Four men, including Omaha City Councilperson Vinny Palermo, have been indicted in connection with alleged fraudulent activity involving the Latino Peace Officers Association and Police Athletics for Community Engagement. Court papers allege retired Omaha Police Captain Rich Gonzalez and Johnny Palermo provided personal and financial benefits, “to include airfare, luxury hotel accommodations, travel arrangements, and other items of value” in exchange for official actions taken by Vinny Palermo in his capacity as a city council member.

Nevada – Legal Finding Against Clark County Commissioner Prompts Call to Resign

Las Vegas Sun – Casey Harrison | Published: 4/26/2023

The Nevada Republican Party is calling on Clark County Commissioner Justin Jones to resign after a ruling from a federal judge found he was “not truthful” about text messages removed from his personal cellphone amid a legal battle over a housing development. U.S. District Court Magistrate Judge Elayna Youchah ruled Jones flouted the county’s record-retention policy as well as Nevada Supreme Court precedent when text messages from his personal phone dated January 3, 2019 – shortly after Jones’ first days as a newly sworn-in commissioner – through April 17 of the same year were deleted.

New Jersey – Was He Corrupt When He Allegedly Accepted a Bag Full of Cash? Or Victim of an Overzealous Prosecutor?

MSN – Ted Sherman (NJ Advance Media) | Published: 4/24/2023

The exchange had been caught on surveillance recordings. A Baskin-Robbins bag stuffed with cash was handed over to the mayoral candidate by an informant cooperating with prosecutors. “I just want to be your tax guy,” he said. “Yeah. Done. That’s … easy,” replied the candidate. Was that a bribe under the law, as prosecutors allege? Or as defense attorneys argue, an example of overzealous prosecution that expanded the meaning of a state corruption statute that had never been intended to impose target someone who was just an “ordinary, private citizen?”

New Jersey – Head of NJ ELEC Sues Murphy, Says New Campaign Finance Law Overhaul Is Unconstitutional

Yahoo News – Ashley Balcerzak (Bergen Record) | Published: 4/20/2023

Election Law Enforcement Commission (ELEC) Executive Director Jeff Brindle sued New Jersey Gov. Phil Murphy again, challenging the constitutionality of the recently signed Elections Transparency Act, which overhauled ELEC and campaign finance rules in the state. Brindle seeks to block contentious sections of the law that allow Murphy to directly appoint the four members of the agency board without the advice and consent of the Senate within a 90-day period, as well as a provision that slashes the amount of time the commission has to investigate campaign finance violations from 10 years to two years after a violation was committed.

New Mexico – Text Messages Last Year Urged N.M. Voters to Support a Ballot Measure. An Ethics Settlement Unraveled Who Was Behind the Campaign.

Albuquerque Journal – Dan McKay | Published: 4/24/2023

A New York-based advocacy group paid an $11,000 civil penalty and disclosed the donors behind a text-messaging campaign after it was accused of violating New Mexico’s campaign finance law. The payment and disclosure come after the State Ethics Commission filed a lawsuit last year alleging the Working Families Organization tried to conceal its role in text messages urging voters to support a ballot measure to boost education funding.

New York – Cuomo Sues Ethics Commission, Saying It’s Too Independent of the Governor

Albany Times-Union – Joshua Solomon | Published: 4/26/2023

Former Gov. Andrew Cuomo, facing the possibility of paying millions of dollars to the state, is suing New York’s new ethics commission, and alleging it is so independent from the current governor it is unconstitutional. Cuomo action comes ahead of him scheduled to be the subject of a proceeding before the Commission on Ethics and Lobbying in Government on June 12. He is facing ongoing scrutiny from the ethics agency over his $5 million book deal recounting his administration’s early response to the COVID-19 pandemic.

New York – Rape Allegation Against Donald Trump Heads to Trial

MSN – Corinne Ramey (Wall Street Journal) | Published: 4/23/2023

A civil trial is set to begin concerning advice columnist E. Jean Carroll’s allegations that Donald Trump raped her in a department store dressing room in the 1990s. Trump has denied Carroll’s claims, saying the encounter never happened and she made it up for publicity. The case centers on a complaint she filed when New York state opened a yearlong window in which people who say they were sexually assaulted as adults could sue their alleged abusers, no matter how long ago the conduct occurred.

Ohio – What Can Ohio Regulators Do to Prevent Future Utility Corruption Scandals?

Energy News Network – Kathiann Kowalski | Published: 4/27/2023

Regulators taking proactive steps could reduce the risk of future utility corruption scandals like that which led to the guilty verdicts for former Ohio House Speaker Larry Householder and lobbyist Matt Borges, say advocates. Yet for now the Public Utilities Commission of Ohio (PUCO) is dealing only with specific cases linked to the current scandal surrounding the state’s coal and nuclear bailout law, House Bill 6. Critics say the PUCO should take steps through rule-making or otherwise to provide more transparency and accountability.

Oklahoma – Okla. Official Resigns Amid Accusations of Racism, Talk of Killing Journalists

MSN – Jonathan Edwards (Washington Post) | Published: 4/20/2023

Mark Jennings, a county commissioner in Oklahoma, resigned amid growing backlash after a local newspaper reported he and other officials talked about lynching Black people and threatened to assassinate two reporters in a conversation secretly recorded by one of those journalists. Gov. Kevin Stitt had called on Jennings and three other McCurtain County officials to step down, saying he was “appalled and disheartened to hear of the horrid comments.” The other officials are Sheriff Kevin Clardy, sheriff’s investigator Alicia Manning, and county jail administrator Larry Hendrix.

Oregon – Oregon Democrats Weigh Competing Proposals to Cap Political Donations

Portland Oregonian – Grant Stringer | Published: 4/24/2023

New proposals introduced in the state Senate recently would set strict limits to quell the exorbitant spending in Oregon elections without the same loopholes included in other bills introduced by Democrats this session. Sen. Jeff Golden introduced two amendments to Senate Bill 500 mirroring 2024 ballot initiatives by Honest Elections Oregon and the League of Women Voters. Those groups seek stringent limits on campaign donations and transparency in political advertising. Oregon is one of just a handful of states that allows donors to give unlimited sums of money to political campaigns.

Pennsylvania – The Super PAC Backing Jeff Brown’s Mayoral Campaign Has Agreed to Sit on the Sidelines Through the Primary

MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 4/24/2023

A judge approved a limited agreement between the Philadelphia Board of Ethics and For A Better Philadelphia, a super PAC backing Jeff Brown’s campaign for mayor, that will keep the political group on the sidelines through the May 16 primary. The agreement does not affect the broader case the ethics board is pursuing against For A Better Philadelphia, which is an independent expenditure committee that is legally required to operate separately from Brown and his campaign.

Tennessee – Tennessee Lawmaker Resigns After Violating Harassment Policy

MSN – María Luisa Paúl (Washington Post) | Published: 4/21/2023

Tennessee Rep. Scotty Campbell was walking to the Capitol in Nashville when a reporter stopped him to ask about allegations of harassment brought against him by an intern. Campbell said he “had consensual, adult conversations with two adults off property.” Six hours later, the lawmaker, who two weeks ago voted to expel three Democratic colleagues, over decorum violations, submitted a letter of resignation. An ethics subcommittee reported it found Campbell had violated the General Assembly workplace policy on discrimination and harassment after an internal investigation.

Vermont – Full Disclosure: Conflict of interest rule leaves plenty of leeway for legislators’ other jobs

VTDigger.org – Kristen Fountain | Published: 4/19/2023

While nearly half of the Vermont Senate and roughly a third of the state House are retired, the rest supplement their modest legislative salaries with jobs, ranging from selling real estate to nursing. The Legislature’s rules define a conflict-of-interest so narrowly they almost never prevent lawmakers from crafting and voting on bills even when they or their employers stand to benefit financially.

Virginia – Virginia Politicians Can Spend Campaign Donations on Just About Anything. Here’s Why Reform Efforts Have Failed.

MSN – Katie King (Virginian-Pilot) | Published: 4/23/2023

In Virginia, politicians can legally spend campaign donations on essentially anything, and there is no limit on who can donate or how much they can give. The lax rules make the state an outlier when it comes to laws on campaign spending. Some say stricter laws are not needed because donors should trust the candidates they choose to support. But others argue guardrails are needed to prevent the misuse of funds, especially as more money pours into races. Campaign finance issues have been on Virginia’s radar for decades, with a commission created in 1992 by then-Gov. Douglas Wilder advising the state to overhaul its laws.

Wyoming – Lawmakers to Examine Legislative Ethics, Misconduct Rules

WyoFile – Maggie Mullen | Published: 4/25/2023

Wyoming Rep. Karlee Provenza drew national attention, multiple formal complaints, and at least one call for her ouster from committee assignments for a controversial social media post. The high-profile dust-up, and House Speaker Albert Sommers’ decision not to punish the lawmaker for a post some perceived as threatening, have intensified interest in what otherwise promised to be one the Legislature’s more obscure off-season assignments: redrawing the boundaries of acceptable lawmaker conduct and reexamining the process for handling ethics complaints and other grievances.

Rep. Scott Campbell submitted his letter of resignation on April 20.

A bipartisan ethics subcommittee found Campbell had violated the Tennessee General Assembly workplace policy on discrimination and harassment after reviewing the results of an internal investigation.

The House Republican Caucus will hold a special election to fill the vacancy created by his departure at a later date.

Senate President Pro-Tem Caleb Rowden introduced a substitute for Senate Bill 378, which changes lobbyist and campaign finance reporting and creates a local lobbyist gift ban.

The new substitute for Senate Bill 378 changes the reporting required by lobbyists from monthly expenditure reports to an annual expenditure report filed on December 31, or if December thirty-first is a Saturday or Sunday, on the last Friday of the calendar year.

The bill also changes campaign finance reporting, deadlines and late fees.

The bill raises the threshold for expenditures required to be itemized on a disclosure report from $100 or less to $200 or less and provides for an annual increase based on the increase in the cost of living.

The bill changes filing deadlines by requiring anything filed electronically to be filed by 11:59 p.m. of the due date.

Under current law, if the last day of filing any campaign finance disclosure report falls on a Saturday, Sunday, or an official state holiday the deadline is extended to 5:00 p.m. of the next day that is not a Saturday, Sunday, or official state holiday.

In addition, the bill requires all committees to be charged $100 per day in late fees for campaign finance reports required to be filed 8 days prior to an election.

Under current law, this only applies to candidate committees.

The bill also increases the fine for all other late campaign finance reports to $20 per day late fee, rather than $10 per day as required by current law, and fees will be increased annually on January 1, based on the increase in the cost of living.

The bill also prohibits any person serving as or employed by an elected local government official from accepting directly or indirectly a gift of any tangible or intangible item, service, or thing of value from any paid lobbyist or lobbyist principle.

If passed, the bill will become effective August 28, 2023.

Campaign Finance National: “The Campaign Finance Agency’s Press Shop Can’t Confirm or Deny the Existence of Complaints Anymore” by Courtney Bublé for Government Executive Missouri: “Missouri AG Withdraws from Gambling Case After Taking Donations from Other Side” by Jack Suntrup for St. Louis Post-Dispatch Ethics Arkansas: “Former State Senator Jeremy Hutchinson Sentenced in Corruption Case” by Doug Thompson for Northwest Arkansas Democrat-Gazette Connecticut: “West Haven’s Attorney Suspended After Awarding City Work to His Own Law Firm” by Andrew Brown for CT Mirror National: “Chief Justice Declines to Testify Before Congress Over Ethics Concerns” by Abbie VanSickle (New York Times) for DNyuz Florida: “Disney Sues Gov. Ron DeSantis, Alleging Political Retaliation” by Aaron Gregg and Lori Rozsa (Washington Post) for MSN New York: “Cuomo Sues Ethics Commission, Saying It’s Too Independent of the Governor” by Joshua Solomon for Albany Times-Union Vermont: “Full Disclosure: Conflict of interest rule leaves plenty of leeway for legislators’ other jobs” by Kristen Fountain for VTDigger.org Legislative Issues Montana: “Montana Transgender Lawmaker Barred by GOP from 2023 Session” by Amy Beth Hanson, Sam Metz, and Matthew Brown for Associated Press News Lobbying California: “SFMTA Commissioner Resigns After Illegal Lobbying” by Joe Rivano Barros for Mission Local

Q: I am a registered lobbyist in Tennessee and my employer is planning to invite the entire membership of the general assembly to an in-state reception with food and beverages provided. Is this allowed and is there anything else I should know to make sure I am compliant with state laws?

 

A: Yes, the event is permissible, but there are important reporting requirements to follow.

Lobbyists and employers of lobbyists may provide entertainment, food, refreshments, etc. in connection with an in-state event to which the entire membership of the general assembly has been invited. For 2023 events, the cost per person may not exceed $73 per day.

The lobbyist or employer of lobbyist must file a copy of the invitation with the Ethics Commission at least 7 days before the event and must file an In-State Disclosure form within 30 days after the event detailing the per-person and total cost of the event.

The aggregate total of all in-state events is also reported on the semi-annual lobbyist employer reports.

Proper gift disclosure can involve more than simply including the gift on your normal lobbying disclosure report. It is always a good idea to check the jurisdiction’s specific disclosure requirements on our website prior to giving a gift.

Campaign Finance New Mexico: “Text Messages Last Year Urged N.M. Voters to Support a Ballot Measure. An Ethics Settlement Unraveled Who Was Behind the Campaign.” by Dan McKay for Albuquerque Journal Oregon: “Oregon Democrats Weigh Competing Proposals to Cap Political Donations” by Grant Stringer for Portland Oregonian Elections National: “Biden Announces He Is Running for Reelection in 2024” by Tolouse Olorunnipa, Tyler Pager, and Michael Scherer (Washington Post) for MSN Ethics National: “Law Firm Head Bought Gorsuch-Owned Property” by Heidi Przybyla (Politico) for MSN Nebraska: “Four Men, Including Omaha City Councilman Vinny Palermo, Federally Indicted” by Emily Nitcher, Jessica Wade, and Christopher Burbach (Omaha World-Herald) for Lincoln Journal-Star New Jersey: “Was He Corrupt When He Allegedly Accepted a Bag Full of Cash? Or Victim of an Overzealous Prosecutor?” by Ted Sherman (NJ Advance Media) for MSN Legislative Issues Wyoming: “Lawmakers to Examine Legislative Ethics, Misconduct Rules” by Maggie Mullen for WyoFile Lobbying Illinois: “Prominent Lightfoot Supporter, Business Owner Pays $5,000 Ethics Fine for Lobbying City Hall Without Registering” by Heather Cherone for WTTW