National/Federal

As Giuliani Coordinated Plan for Trump Electoral Votes in States Biden Won, Some Electors Balked
MSN – Beth Reinhard, Amy Gardner, Josh Dawsey, Emma Brown, and Rosalind Helderman (Washington Post) | Published: 1/20/2022

On December 14, 2020, the day of the electoral college vote, Republican electors convened in the capitals of five states that Joe Biden had won. They declared themselves “duly elected and qualified” and sent signed certificates to Washington, D.C. purporting to affirm Donald Trump as the victor. Understanding the origins of the rival slates has now become a focus of the House committee investigating the insurrection. Two Democratic attorneys general have asked federal prosecutors investigate whether crimes were committed in assembling or submitting the slates.

Biden Nominates Former Stacey Abrams Lawyer for Campaign Finance Watchdog
MSN – Zach Montellaro (Politico) | Published: 1/21/2022

President Joe Biden is nominating a new commissioner to the FEC. The White House announced Biden was putting forward Dara Lindenbaum, a campaign finance attorney, to join the six-member board governing the agency. Lindenbaum was general counsel to Stacey Abrams’ 2018 Georgia gubernatorial run and deputy general counsel for former Maryland Gov. Martin O’Malley’s 2016 presidential bid.

Black and Latino Voters Have Been Shortchanged in Redistricting, Advocates and Some Judges Say
MSN – Colby Itkowitz and Harry Stevens (Washington Post) | Published: 1/25/2022

Advocates for voting rights say redistricting map drawers have manipulated the process mostly at the expense of minorities. Across the country, the White population has shrunk over the past decade as minority communities have swelled, according to the 2020 Census. Yet, the rapid growth of Latinos and Blacks is not reflected in any of the new maps passed so far, except California’s, which added five seats where Latinos make up the majority of adults. Judges have intervened in two states where Republican state legislators were accused by voting rights advocates of disenfranchising Black voters.

Energy Secretary Jennifer Granholm Violated a Stock Disclosure Law Nine Times Last Year
CNBC – Christina Wilke | Published: 1/20/2022

Energy Secretary Jennifer Granholm violated the STOCK Act at least nine times last year by selling shares of stock worth up to $240,000 and failing to disclose those sales within the 45-day window the law requires. The dates of Granholm’s stock sales ranged from April to late October. But Granholm did not disclose any of them until mid-December, which was in some cases a full six months after the deadline to report the sale had passed.

Ex-Giuliani Associate Fruman Sentenced to One Year in Prison in Campaign Finance Case
Reuters – Luc Cohen | Published: 1/21/2022

Igor Fruman, who helped Donald Trump’s former personal lawyer Rudy Giuliani collect damaging information about Joe Biden before he was elected president, was sentenced to one year in prison for violating campaign finance law. U.S. District Court Judge Paul Oetken said Fruman’s solicitation of money from a Russian businessperson to donate to U.S. political campaigns was serious because it “undermines democracy,” but Fruman was unlikely to commit a similar offense again.

Federal Prosecutors Examine Slates That Offered Trump Electoral Votes in States Biden Won in 2020
MSN – Matt Zapotosky (Washington Post) | Published: 1/25/2022

Federal prosecutors are examining the decision by Republican electors in some states won by President Biden in 2020 to send in signed statements purporting to affirm Donald Trump as the victor of the election. Their actions were criticized at the time as a political stunt meant to bolster Trump’s unfounded claims of election fraud. But they have drawn additional scrutiny in recent weeks, as the House committee investigating the attack on the Capitol seeks to understand the origin of the Trump elector slates.

Feds Issue Subpoenas Seeking Records Related to Rep. Cuellar and His Wife, Associates
ABC News – Mike Levine | Published: 1/21/2022

A grand jury probe that led to the raid of U.S. Rep. Henry Cuellar’s home and office in Texas has begun issuing subpoenas, seeking records about a wide array of American companies and advocacy organizations, many of them with ties to the former Soviet nation of Azerbaijan. Among the information being sought are records related to Cuellar, his wife Imelda, and at least one of his campaign staffers. A subpoena seeks records “relating to anything of value” that Cuellar, his wife, and others close to them may have been offered by certain business leaders or foreign officials.

House Committee on Ethics Opening Reviews of Two Lawmakers
MSN – Morgan Rimmer and Annie Grayer (CNN) | Published: 1/24/2022

The House Committee on Ethics announced it is continuing two investigations based on reports from the Office of Congressional Ethics (OGE). The OGE claims it has “substantial reason to believe” U.S. Rep. Doug Lamborn misused official resources and U.S. Rep. Marie Newman promised federal employment to a primary opponent to get political support. Current and former Lamborn staffers testified they were instructed to perform a host of activities including running personal errands, performing campaign work, moving furniture, and helping Lamborn’s son with a federal job application process.

Judge Says States Can Investigate WinRed’s Fund-Raising Tactics
New York Times – Shane Goldmacher | Published: 1/26/2022

A federal judge dismissed a lawsuit filed by WinRed, a company that processes online donations for Republicans, that sought to block state attorneys general from investigating fundraising tactics that have triggered complaints of fraud. The attorneys general from four states first sent letters to WinRed, asking for documents after a New York Times investigation revealed the company’s use of prechecked boxes to automatically enroll donors in recurring contribution programs. WinRed declined to provide the documents and instead went to court to argue federal law should pre-empt any state-level consumer probes.

Justice Breyer to Retire, Giving Biden First Court Pick
Yahoo News – Mark Sherman and Michael Balsamo (Associated Press) | Published: 1/26/2022

Longtime liberal Supreme Court Justice Stephen Breyer is retiring, giving President Biden  his first high court opening, which he has pledged to fill with the historic naming of the court’s first Black woman. Breyer has been a pragmatic force on a court that has grown increasingly conservative, trying to forge majorities with more moderate justices. His retirement will give Biden the chance to name and win confirmation of a replacement before next fall’s election when Republicans could retake the Senate and block future nominees.

Palin v. New York Times Pushes New Boundaries on Libel Suits
Yahoo News – Josh Gerstein (Politico) | Published: 1/23/2022

Sarah Palin is set to take on The New York Times in a libel suit she filed over a 2017 editorial  that erroneously linked her political activities to the 2011 shooting attack that left six people dead and U.S. Rep. Gabrielle Giffords badly wounded. Within a day, the Times corrected the editorial and noted no connection was ever established between the rampage and a map that Palin’s PAC circulated with crosshairs superimposed on the districts of 20 Democrats, including Giffords. But Palin filed suit, accusing the newspaper of defaming her. Some media advocates say the fact that the case is going to trial is a sign that deference to the press in the courts is giving way to more challenging legal landscape.

Plea Deal for Man Involved in Gaetz Investigation, Whose Attorney Says He Witnessed ‘Sex, Drugs – a Whole Lot of It’
MSN – Matt Zapotosky (Washington Post) | Published: 1/26/2022

Justice Department investigators have reached a cooperation agreement with a man whose attorney says he witnessed U.S. Rep. Matt Gaetz attend parties involving “a whole lot” of sex and drug use, another potential boon to the sprawling and slow-moving sex trafficking investigation into Gaetz. Ellicott has been talking with investigators examining whether Gaetz committed sex trafficking of a minor. Ellicott’s plea agreement requires him to cooperate fully with the government as they explore other potential crimes.

Retired Lawyer Wrote the Book, Literally, on Corporations Entertaining Politicians
MSN – Kate Ackley (Roll Call) | Published: 1/24/2022

When Ken Gross joined Skadden Arps Slate Meagher & Flom’s Washington office, he envisioned a nonpartisan political law practice, catering mostly to corporate clients. He carried out his plans over the next 35 years, representing mostly companies and trade associations as they navigated the changing legal landscape for PACs, lobbying, ethics, and gift rules. “Ken is responsible for developing that practice group, leading it, growing it to the point where Skadden is the go-to firm for … corporate clients who want to engage in … political activity, and want to ensure their compliance,” said Jan Baran, a campaign finance lawyer.

The Jan. 6 Panel Wants to Talk to Ivanka Trump
National Public Radio – Caitlyn Kim | Published: 1/20/2022

The House select committee looking into the January 6, 2021, attack on the Capitol is seeking Ivanka Trump’s voluntary cooperation with its investigation. The letter also detailed new evidence the panel has uncovered about her role the day of the siege, including multiple attempts to get her father to intervene in the attack and his efforts to undo President Biden’s election. The request comes a day after the committee requested phone from Eric Trump and Kimberly Guilfoyle, who is engaged to Donald Trump Jr.

Top Lobbying Firms Report Record-Breaking 2021 Earnings
MSN – Karl Evers-Hillstrom (The Hill) | Published: 1/20/2022

Most of the top lobbying firms in Washington, D.C. raked in record revenue last year as K Street worked overtime to influence President Biden’s ambitious agenda. Lobbying spending had already reached record highs in 2020 after Congress authorized trillions of dollars in new spending to fight the pandemic. But Democrats’ takeover of Congress and the White House helped further propel the influence industry to new heights.

From the States and Municipalities

Alabama – Alabama Supreme Court Reverses Dismissal of Lawsuit Filed by Convicted Drummond Coal Lobbyist
AL.com – Mike Cason | Published: 1/22/2022

The Alabama Supreme Court reversed the dismissal of a lawsuit filed by former Drummond Company vice president and lobbyist David Roberson, who was convicted in 2018 of bribing a state lawmaker. Roberson sued Drummond Company, his former employer, and the Balch & Bingham law firm in 2019, alleging they concealed and misrepresented information that contributed to his conviction. A federal jury convicted Roberson and former Balch & Bingham lawyer Joel Gilbert on corruption charges, involving bribes paid to former state Rep. Oliver Robinson through a foundation Robinson operated.

Alabama – Federal Court Blocks Alabama’s New Congressional District Map, Saying It’s Not Fair to Blacks
Yahoo News – Brian Lyman (Montgomery Advertiser) | Published: 1/25/2022

A three-judge federal panel blocked Alabama’s new congressional district map from going into effect, ruling challengers were “substantially likely” to prevail in their arguments the plan violated the Voting Rights Act. the judges found Black Alabamians had “less opportunity than other Alabamians to elect the candidates of their choice to Congress.” The congressional map as approved preserves a nearly 30-year plan of having a single majority-minority congressional district in west Alabama.

Arizona – Arizona Appeals Court Rebuffs Group’s Bid to Skip Campaign Law Fine
Arizona Daily Star – Howard Fischer (Capitol News Services) | Published: 1/23/2022

The state Court of Appeals rebuffed a bid by a group that spent $260,000 attacking a 2014 foe of Doug Ducey’s in his first gubernatorial campaign to escape a fine for violating Arizona campaign finance laws. The judges said the Legacy Foundation Action Fund waited too long before appealing a more than $95,000 fine imposed by the Citizens Clean Elections Commission over its commercials targeting former Mesa Mayor Scott Smith. Attorneys for the conservative group then opened a new legal front with this lawsuit, arguing the commission did not have any legal authority to impose the fine in the first place.

Arizona – U.S. Supreme Court Rejects Shooter’s Claim
Arizona Capital Times – Howard Fischer (Capitol News Services) | Published: 1/27/2022

The U.S. Supreme Court ended the hope of former Rep. Don Shooter to claim his rights were violated when he was expelled from the Arizona House. The justices refused to set aside a ruling by a lower court throwing out the lawsuit Shooter filed against former House Speaker J.D. Mesnard and Kirk Adams, a former top adviser for Gov. Doug Ducey. The court did not address the claims by Shooter that having him ousted for violating a policy against sexual harassment, one that did not exist at the time of the alleged incidents, was illegal. The action upholds the conclusion by the appellate court that Mesnard and Adams have qualified immunity for their actions.

California – After Guilty Plea in Federal Case, Englander Now Faces L.A. City Ethics Charges
MSN – Julia Wick (Los Angeles Times) | Published: 1/20/2022

The Los Angeles City Ethics Commission accused former Councilperson Mitchell Englander of violating city ethics laws by accepting thousands of dollars in gifts from a businessperson and a developer during trips to Las Vegas and Palm Springs and not adequately reporting them. The charges come more than a year after Englander pleaded guilty to lying to federal authorities investigating the corruption case and was sentenced to prison. The commission could levy a fine of up to $136,071.

California – Ex-DWP Executive Pleads Guilty in Corruption Case
Los Angeles Daily News – Staff | Published: 1/25/2022

A former top executive of the Los Angeles Department of Water and Power (DWP) pleaded guilty to a federal bribery charge stemming from a probe of the city’s handling of the botched launch of a DWP billing system. David Wright accepted bribes from a lawyer in exchange for supporting a $30 million, no-bid DWP contract. The lawyer named in the case, Paul Paradis, has also agreed to plead guilty to a federal bribery count. Riverside officials asked t local law enforcement to probe whether contracts may have been illegally steered toward certain companies when Wright was general manager of Riverside Public Utilities.

Colorado – A Second County Election Official in Colorado Is Suspected of Security Breach
Canon City Daily Record – Saja Hindi (Denver Post) | Published: 1/24/2022

Colorado Secretary of State Jena Griswold is investigating a second county clerk over a possible elections security breach and has ordered Elbert County Clerk and Recorder Dallas Schroeder to turn over information related to allegations he copied a voting system hard drive. The secretary of state ordered the Republican county clerk to appear at a deposition to explain how the copy of the 2021 Dominion Voting Systems hard drive was made after Griswold’s office said Schroeder did not respond to an email request and an election order requiring the disclosure of information about the “potential security protocol breach.”

Florida – Florida Opens Investigation into Dark-Money Group Key to ‘Ghost’ Candidate Scandal
MSN – Jason Garcia and Annie Martin (Orlando Sentinel) | Published: 1/20/2022

A state agency that regulates charities has opened an investigation into a “dark-money” nonprofit that played a key role in Florida’s “ghost” candidate scandal. Nikki Fried, commissioner of the Florida Department of Agriculture and Consumer Affairs, said her department is probing whether the organization, known as Let’s Preserve the American Dream, has fully complied with state laws governing nonprofits that solicit funding in Florida. The development comes as the nonprofit, which is closely associated with one of Florida’s biggest business-lobbying groups, also faces criminal investigation by prosecutors in Miami.

Florida – How Much Darker Can Political Money Get? New GOP Bill Tries to Further Shield Donors
MSN – Ana Ceballo and Samantha Gross (Miami Herald) | Published: 1/20/2022

Florida Republicans are pushing legislation that would enact broad new layers of secrecy around nonprofit organizations’ corporate and individual donors, a move that would allow some political groups to shield sources of funding from local and state government scrutiny. Groups whose tax-exempt status allows them to engage in a restricted level of political activity and does not require them to disclose their donors often serve as vehicles for dark money spending because their sources are hidden. They have come under scrutiny recently due to a Miami-Dade County “ghost” candidate investigation marked by “dark money” spending.

Georgia – Ethics Panel Says It Will Pursue Ex-Insurance Commissioner
MSN – Associated Press | Published: 1/24/2022

Georgia ethics officials say they will pursue allegations of wrongdoing against former state Insurance Commissioner John Oxendine, overriding an administrative law judge’s ruling that they waited too long. Oxendine is accused of illegally using campaign funds from his failed 2010 gubernatorial campaign to buy a house and lease cars. Commissioners accepted the judge’s decision that the agency cannot pursue Oxendine for accepting $120,000 in bundled contributions, 10 times what was then the legal limit, from two insurance companies in 2008 when he was running for governor.

Georgia – Georgia Prosecutor Granted Special Grand Jury in Probe of Trump’s Efforts to Overturn State’s Election Results
MSN – Amy Wang and John Wagner (Washington Post) | Published: 1/24/2022

Fulton County District Attorney Fani Willis, who is weighing whether former President Trump and others committed crimes by trying to pressure Georgia election officials, was granted a special purpose grand jury to aid in her investigation. Willis confirmed part of her investigation centers on the January 2, 2021, phone call between Trump and Secretary of State Brad Raffensperger in which Trump asked Raffensperger to “find” enough votes to overturn Joe Biden’s win in the state’s presidential election.

Hawaii – How a Honolulu Police Chief Facing a Corruption Probe Got a $250,000 Payout
Honolulu Civil Beat – Christina Jedra | Published: 1/23/2022

In the city council committee room in 2017, Honolulu Police Commission Chairperson Max Sword was being asked about a retirement deal being brokered with then-Police Chief Louis Kealoha, who was under federal investigation for using his position to frame an innocent man. Sword refused to tell the council members anything about the deal. That meeting is now part of a federal indictment in which Sword and two of the city’s most senior officials, former Corporation Counsel Donna Leong and former Managing Director Roy Amemiya, are accused of conspiring to illegally bypass the city council to pay Kealoha a $250,000 severance.

Idaho – Giddings Says She No Longer Has Documents Related to Public Records Lawsuit
Idaho Press – William Spence (Lewiston Tribune) | Published: 1/26/2022

Idaho Rep. Priscilla Giddings last year acknowledged having access to documents that are now at the center of a public records lawsuit. Giddings, who is running for lieutenant governor, now denies having the documents. The documents in question relate to rape allegations that were leveled against former Rep. Aaron von Ehlinger by a House intern, and to a subsequent tort claim alleging Giddings and von Ehlinger engaged in a “conspiracy” to defame the young woman.

Illinois – In Chicago, a Public Radio Station Comes to the Rescue of the Sun-Times Newspaper
MSN – Elahe Izade and Jeremy Barr (Washington Post) | Published: 1/19/2022

In an unusual merger that some hope could serve as a national model to preserve local journalism, Chicago’s NPR station plans to acquire one of the city’s major daily newspapers. The board of directors for Chicago Public Media, the umbrella organization for WBEZ, approved moving forward with the acquisition of The Chicago Sun-Times. Public radio stations have acquired for-profit news competitors in the past but never at this scale. While the two organizations will come under the same ownership and share content, editorially they will operate independently.

Illinois – Supreme Court Considers Use of Political Campaign Funds to Mount Legal Defense in Public Corruption Cases
WCIA – Mark Maxwell | Published: 1/19/2022

The Illinois Supreme Court heard oral arguments in a case that could determine whether elected officials can use their campaign funds to hire lawyers to defend themselves in public corruption cases. Federal prosecutors accused former Chicago Ald. Danny Solis of receiving sex acts, Viagra, and campaign cash in a corruption scheme. Solis later used that same campaign account to pay lawyers $220,000 to defend himself. Ald. Byron Sigcho-Lopez filed a complaint with the State Board of Elections arguing Solis violated campaign finance laws.

Maryland – Baltimore County Inspector General: Former top official waived fees for developer, received favors
Yahoo News – Taylor DeVille (Baltimore Sun) | Published: 1/20/2022

Baltimore County improperly waived what is estimated to total millions of dollars in fees and security deposits over roughly a decade for a developer to build a multimillion-dollar, mixed-use site at Owings Mills, according to a report from county Inspector General Kelly Madigan. The report details how Arnold Jablon, who was director of the Department of Permits, Approvals, and Inspections between 2011 and 2018, waived securities and fees for developer David Brown Enterprises – possibly in return for access to basketball tickets and free parking – despite having no legal authority to do so.

Maryland – The Mosbys Claimed Legal Expenses on Their Campaign Filings. Here’s What We Know About What Maryland Law Requires.
Baltimore Sun – Emily Opilo and Alex Mann | Published: 1/21/2022

Baltimore State’s Attorney Marilyn Mosby and her husband, city council President Nick Mosby, reported spending campaign funds on legal expenses last year. Legal bills can be considered acceptable campaign expenses, but only in certain circumstances. Marilyn Mosby was indicted recently, accused of lying to avoid penalties for withdrawing money from her city retirement account and using the funds to purchase two vacation homes. A state attorney general opinion found an elected official is allowed to use campaign funds to pay debts stemming from “the defense of a criminal prosecution directly related to alleged campaign improprieties.”

New Mexico – Ethics Watchdog Issues Report on Payday Loan Industry Lobbying
New Mexico Political Report – Robert Nott and Daniel Chacon (Santa Fe New Mexican) | Published: 1/20/2022

For years, state lawmakers have unsuccessfully tried to introduce legislation capping the interest rate for so-called payday loans at 36 percent. Their efforts have failed repeatedly. New Mexico Ethics Watch released a new report on a study exploring the possible effects of the industry’s lobbying efforts on ensuring the cap is not lowered. What the study found, said Kathleen Sabo, executive director of Ethics Watch, is that lobbyists’ arguments in opposition to a drop in the interest rate cap have been even “more effective” than campaign donations when it comes to influencing lawmakers.

New Mexico – Proposal Calls for Ethics Agency to Set NM Elected Officials’ Pay
Yahoo News – Dan McKay (Albuquerque Journal) | Published: 1/24/2022

A proposed constitutional amendment that would task the State Ethics Commission with setting the salaries for all state elected officials from the governor to lawmakers, who are now unpaid, cleared its first committee hearing. Senate Joint Resolution 8 also would change how commission members are chosen, allowing the New Mexico Supreme Court to make two of the seven appointments. The push to set a salary for lawmakers comes as the Legislature considers a separate proposal to increase the pay of New Mexico’s statewide elected officials by five figures. Lawmakers are not included in that bill.

New York – Former IG Letizia Tagliafierro Pushed Transfer of Trooper Cuomo Allegedly Harassed
Albany Times Union – Brendan Lyons | Published: 1/20/2022

Letizia Tagliafierro, a former top aide to then-New York Gov. Andrew Cuomo who later became his state inspector general, was the unnamed “high-level staff member” in the executive branch who four years ago directed the State Police to bend the rules so a young female trooper whom the governor met at an event could be appointed to his protective detail. Tagliafierro’s role was revealed when state Attorney General Letitia James’ office released transcripts from a probe into allegations Cuomo sexually harassed or acted inappropriately with multiple women, including the trooper who went on to become one of his drivers.

New York – Subpoena Probes Cuomo’s Pandemic ‘Volunteers’
Albany Times Union – Chris Bragg | Published: 1/26/2022

The Joint Commission on Public Ethics will investigate the activities of volunteers in assisting New York Gov. Andrew Cuomo’s COVID-19 pandemic response. While unpaid by New York’s government, some of the volunteers, such as one-time top Cuomo aide Larry Schwartz, held crucial roles in Cuomo’s response to the crisis. Schwartz served as the state’s “vaccine czar,” leading efforts to distribute vaccines to the state’s population, while continuing in his day job as chief strategy officer at an airport concessions company that has extensive interests before state government.

Ohio – Former House Bill 6 Lobbyist Who Chaired PUCO Nominating Council Resigns
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 1/25/2022

Former FirstEnergy lobbyist Michael Koren resigned from leading the state’s efforts to pick utility regulators. Koren had served as chairperson of the Public Utilities Commission of Ohio Nominating Council despite his former ties to FirstEnergy. Koren lobbied for the company when House Bill 6 to subsidize nuclear plants was introduced in 2019. The commission has come under increasing scrutiny after FirstEnergy admitted bribing PUCO’s former chair, Sam Randazzo, who Gov. Mike DeWine appointed after his name was put forth by the nominating council.

Ohio – Ohio’s Pandemic Politics Cast Long Shadow Over Omicron Surge
Ohio Capital Journal – Jake Zuckerman | Published: 1/21/2022

Republicans in the Ohio House and Senate overruled Gov. Mike DeWine’s gubernatorial veto to pass Senate Bill 22. The legislation gave lawmakers the ability to nix statewide health orders with a simple majority vote – previous law required a supermajority. It also blocked DeWine, his appointed director of the Ohio Department of Health, or local health departments from issuing blanket lockdown or masking orders. A May 2021 report from the Network for Public Health Law found Ohio was one of 15 states to pass or consider legislation to limit the authority of public health departments during the pandemic.

Tennessee – Ogles Wants Checks on Registry of Election Finance Subpoena Power
Tennessee Lookout – Sam Stockard | Published: 1/26/2022

State Rep. Brandon Ogles, after threatening a “deep dive” into the Tennessee Registry of Election Finance, said he is drafting legislation that could change the agency’s subpoena power. Ogles said he would like to see requirements for a judge’s signature on subpoenas issued by the registry board in addition to invitations before subpoenas are issued. The registry voted recently to subpoena former House Speaker Glen Casada, his ex-chief of staff Cade Cothren, and several other people to gather information about the Faith Family Freedom Forum, a shadowy PAC that ran attack ads on Casada’s political enemy, former Rep. Rick Tillis.

Tennessee – Senate Ethics Committee Recommends Sen. Katrina Robinson’s Expulsion, Will Go Before Senate Vote
Yahoo News – Melissa Brown (Memphis Commercial Appeal) | Published: 1/20/2022

The Senate Ethics Committee determined Tennessee Sen. Katrina Robinson violated the chamber’s code of ethics and recommended her expulsion due to her conviction on federal fraud charges. Robinson will now face a full Senate vote based on the committee’s recommendation. She is awaiting a March sentencing date for charges related to the mismanagement of federal funds in connection to her leadership of a nursing school. Robinson’s criminal trial focused on events that occurred prior to her election to the state Senate.

Washington – WA Supreme Court Upholds $18M Campaign-Finance Fine Against Grocery Industry Group
Seattle Times – Jim Brunner | Published: 1/20/2022

The Washington Supreme Court narrowly upheld an $18 million fine levied against an association of large food brands that funneled “dark money” into a state campaign. The ruling found the penalty against the Grocery Manufacturers Association, now known as the Consumer Brands Association, did not violate the U.S. Constitution’s ban on excessive fines. The group spent more than $11 million to defeat Initiative 522, which would have required labeling of genetically modified food products. But it did not initially identify the corporations that wrote big checks to fund the campaign, including Coca-Cola, General Mills, and Nestle.

Campaign Finance

Tennessee: “Ogles Wants Checks on Registry of Election Finance Subpoena Power” by Sam Stockard for Tennessee Lookout

Elections

National: “Federal Prosecutors Examine Slates That Offered Trump Electoral Votes in States Biden Won in 2020” by Matt Zapotosky (Washington Post) for MSN

Ethics

National: “Energy Secretary Jennifer Granholm Violated a Stock Disclosure Law Nine Times Last Year” by Christina Wilke for CNBC

National: “Justice Breyer to Retire, Giving Biden First Court Pick” by Mark Sherman and Michael Balsamo (Associated Press) for Yahoo News

Arizona: “Supreme Court Rejects Ex-Arizona Lawmaker’s Challenge to Ouster Over Sex Harassment” by Howard Fischer (Capitol News Services) for Arizona Daily Star

California: “Ex-DWP Executive Pleads Guilty in Corruption Case” by Staff for Los Angeles Daily News

Maryland: “Baltimore County Inspector General: Former top official waived fees for developer, received favors” by Taylor DeVille (Baltimore Sun) for Yahoo News

Ohio: “Former House Bill 6 Lobbyist Who Chaired PUCO Nominating Council Resigns” by Jeremy Pelzer (Cleveland Plain Dealer) for MSN

Redistricting

National: “Black and Latino Voters Have Been Shortchanged in Redistricting, Advocates and Some Judges Say” by Colby Itkowitz and Harry Stevens (Washington Post) for MSN

Campaign Finance

National: “Ex-Giuliani Associate Fruman Sentenced to One Year in Prison in Campaign Finance Case” by Luc Cohen for Reuters

Arizona: “Arizona Appeals Court Rebuffs Group’s Bid to Skip Campaign Law Fine” by Howard Fischer (Capitol News Services) for Arizona Daily Star

Georgia: “Ethics Panel Says It Will Pursue Ex-Insurance Commissioner” by Associated Press for MSN

Elections

Georgia: “Georgia Prosecutor Granted Special Grand Jury in Probe of Trump’s Efforts to Overturn State’s Election Results” by Amy Wang and John Wagner (Washington Post) for MSN

Ethics

National: “Retired Lawyer Wrote the Book, Literally, on Corporations Entertaining Politicians” by Kate Ackley (Roll Call) for MSN

National: “House Committee on Ethics Opening Reviews of Two Lawmakers” by Morgan Rimmer and Annie Grayer (CNN) for MSN

Hawaii: “How a Honolulu Police Chief Facing a Corruption Probe Got a $250,000 Payout” by Christina Jedra for Honolulu Civil Beat

Legislative Issues

New Mexico: “Proposal Calls for Ethics Agency to Set NM Elected Officials’ Pay” by Dan McKay (Albuquerque Journal) for Yahoo News

Redistricting

Alabama: “Federal Court Blocks Alabama’s New Congressional District Map, Saying It’s Not Fair to Blacks” by Brian Lyman (Montgomery Advertiser) for Yahoo News

Campaign Finance

National: “Biden Nominates Former Stacey Abrams Lawyer for Campaign Finance Watchdog” by Zach Montellaro (Politico) for MSN

Florida: “Florida Opens Investigation into Dark-Money Group Key to ‘Ghost’ Candidate Scandal” by Jason Garcia and Annie Martin (Orlando Sentinel) for MSN

Maryland: “The Mosbys Claimed Legal Expenses on Their Campaign Filings. Here’s What We Know About What Maryland Law Requires.” by Emily Opilo and Alex Mann for Baltimore Sun

Ethics

National: “Palin v. New York Times Pushes New Boundaries on Libel Suits” by Josh Gerstein (Politico) for Yahoo News

California: “After Guilty Plea in Federal Case, Englander Now Faces L.A. City Ethics Charges” by Julia Wick (Los Angeles Times) for MSN

Illinois: “In Chicago, a Public Radio Station Comes to the Rescue of the Sun-Times Newspaper” by Elahe Izade and Jeremy Barr (Washington Post) for MSN

New York: “Former IG Letizia Tagliafierro Pushed Transfer of Trooper Cuomo Allegedly Harassed” by Brendan Lyons for Albany Times Union

Ohio: “Ohio’s Pandemic Politics Cast Long Shadow Over Omicron Surge” by Jake Zuckerman for Ohio Capital Journal

Lobbying

New Mexico: “Ethics Watchdog Issues Report on Payday Loan Industry Lobbying” by Robert Nott and Daniel Chacon (Santa Fe New Mexican) for New Mexico Political Report

Campaign Finance

Florida: “How Much Darker Can Political Money Get? New GOP Bill Tries to Further Shield Donors” by Ana Ceballo and Samantha Gross (Miami Herald) for MSN

Illinois: “Supreme Court Considers Use of Political Campaign Funds to Mount Legal Defense in Public Corruption Cases” by Mark Maxwell for WCIA

Washington: “WA Supreme Court Upholds $18M Campaign-Finance Fine Against Grocery Industry Group” by Jim Brunner for Seattle Times

Elections

National: “As Giuliani Coordinated Plan for Trump Electoral Votes in States Biden Won, Some Electors Balked” by Beth Reinhard, Amy Gardner, Josh Dawsey, Emma Brown, and Rosalind Helderman (Washington Post) for MSN

Georgia: “Atlanta D.A. Requests Special Grand Jury in Trump Election Inquiry” by Maggie Astor and Danny Hakim (New York Times) for MSN

Ethics

National: “The Jan. 6 Panel Wants to Talk to Ivanka Trump” by Caitlyn Kim for National Public Radio

Tennessee: “Senate Ethics Committee Recommends Sen. Katrina Robinson’s Expulsion, Will Go Before Senate Vote” by Melissa Brown (Memphis Commercial Appeal) for Yahoo News

Lobbying

National: “Top Lobbying Firms Report Record-Breaking 2021 Earnings” by Karl Evers-Hillstrom (The Hill) for MSN

Councilmember Bobby Henon resigned from the Philadelphia City Council following his conviction on conspiracy and fraud charges.

The council president is expected to call a special election to fill the vacant District 6 seat for the remainder of the term ending in December 2023.

The Tennessee Ethics Committee has voted to move Sen. Katrina Robinson’s case in front of the full Senate after a 4-1 vote to remove Robinson from her seat.

Robinson has been convicted of four counts of wire fraud and is awaiting sentencing scheduled for March 3.

National/Federal

DirecTV Says It Will Sever Ties with Far-Right Network One America News
MSN – Timothy Bella (Washington Post) | Published: 1/15/2022

DirecTV announced it will sever ties with One America News (OAN) after this year, pulling the conservative news channel from millions of homes. The channel, which has promoted conspiracy theories about the 2020 presidential election and coronavirus pandemic, will be dropped in April when its contract expires. OAN’s sister channel, A Wealth of Entertainment, will also be removed from the satellite provider. AT&T has been criticized for playing a foundational role in building up OAN into a Donald Trump-friendly alternative to Fox News. Though DirecTV is now its own company, AT&T owns 70 percent of the satellite provider.

ExxonMobil Aims to Use a Radical Texas Law to Silence Its Critics – in California
Mother Jones – Chris McGreal | Published: 1/18/2022

ExxonMobil is attempting to use an unusual Texas law to target and intimidate its critics, claiming lawsuits against the company over its long history of downplaying and denying the climate crisis violate the U.S. Constitution’s guarantees of free speech. ExxonMobil is asking the Texas Supreme Court to allow it to use the law, known as rule 202, to pursue legal action against more than a dozen California municipal officials. Exxon claims that in filing lawsuits against the company over its role in the climate crisis, the officials are orchestrating a conspiracy against the firm’s first amendment rights.

FEC Report Shows How National Party Committees Allegedly Blow Past Contribution Limits
MSN – Isaac Stanley-Becker (Washington Post) | Published: 1/14/2022

A fundraising committee operated jointly by the Trump campaign and the Republican National Committee in 2016 served as a vehicle for state parties to FEC’s general counsel found almost three years ago. The general counsel’s report, available since 2019, was newly released in an updated and unredacted form because of a development in an associated case. It mirrors findings from the general counsel’s office about similar activity by a joint fundraising committee benefiting Hillary Clinton in 2016. The alleged sum funneled through state party committees in that case was even larger: $112 million.

House Jan. 6 Committee Subpoenas Giuliani, Sidney Powell
MSN – Jacqueline Alemany and Tom Hamburger (Washington Post) | Published: 1/18/2022

The House committee investigating the insurrection of January 6, 2021, issued subpoenas to members of former President Trump’s outside legal team who pursued and disseminated unfounded claims of mass election fraud, including Trump’s former personal attorney Rudolph Giuliani, former White House aide Boris Epshteyn, and lawyers Jenna Ellis and Sidney Powell. The committee has also subpoenaed and obtained records of phone numbers associated with Eric Trump and Kimberly Guilfoyle, the fiancé of Donald Trump Jr.

How More Than $404 Million in Taxpayer Money Got Locked Away in a Forgotten Government Fund – and Lawmakers Won’t Spend It or Return It
Yahoo News – Dave Levinthal (Business Insider) | Published: 1/18/2022

Holed away in a government account is a massive cash stash most anyone, from depleted federal programs to coronavirus-throttled charitable causes, would love to tap. But it sits idle and untouched. The intended beneficiaries of the taxpayer-fueled Presidential Election Campaign Fund – presidential candidates – do not want it, as they are soured by its restrictions on their fundraising and spending. Conservatives in Congress would prefer to disband the fund and repurpose its money. Many Democrats want the money to seed a reimagined public campaign finance program contained within a broader “democracy-reform” agenda.

Lawmakers Coming Under Increased Threats – Sometimes from One Another
Yahoo News – Rebecca Beitsch (The Hill) | Published: 1/17/2022

A little over a year after the violent attack on the Capitol, threats targeting lawmakers have only increased alongside a surge of violent speech shared online and even inside the building. Threats against lawmakers have reached an all-time high of 9,600, according to U.S. Capitol Police data. On the anniversary of that attack, the Department of Homeland Security warned that calls for violent action against lawmakers were picking up steam online. That includes a video calling for lawmakers to be hung in front of the White House that has now been viewed more than 60,000 times. Some of the violent rhetoric is coming from within Congress.

Legislatures Across Country Back Off Pandemic Protocols
Colorado Newsline – Sean Scully | Published: 1/19/2022

Across the nation, lawmakers are gathering for the annual ritual of legislative sessions, which in most states takes up the early months of the year. Unlike recent years, when masks and social distancing were common, if not the explicit rule, in many states hardly anyone would know the country was entering the third year of a pandemic. Even in states where COVID-19 protections do remain in place, the issue has exposed a sharp partisan divide and provoked unrest among lawmakers.

Manchin, Sinema Join with GOP in Rejecting Attempt to Change Filibuster Rules, Effectively Killing Democratic Voting Bill
MSN – Mike DeBonis (Washington Post) | Published: 1/19/2022

The year-long Democratic push for federal voting rights legislation died in the Senate after Republicans blocked an elections bill for the fifth time in six months and Democrats failed to unite their caucus behind a plan to rewrite the chamber’s rules and pass it anyway. The vote amounted to a bitter but unsurprising finale for the Democratic voting rights effort on Capitol Hill, a campaign backed by top party leaders and pushed by key elements of its coalition even as Sens. Joe Manchin and Kirsten Sinema made clear they would not weaken the 60-vote rule, defending it as a tool to protect minority-party rights and promote bipartisanship.

Now with Senate Allies, Spanberger’s Legislation to Ban Members of Congress from Trading Stock Gains Traction
MSN – Meagan Flynn (Washington Post) | Published: 1/17/2022

More than a year since U.S. Rep. Abigail Spanberger first put forth legislation that would ban members of Congress from trading stock, a flurry of action in the Senate has injected some momentum into the proposal. While it is traditionally tough to get Congress to police itself, Spanberger and her co-lead on the legislation, U.S. Rep. Chip Roy (R-Tex.), have built a bipartisan coalition around the issue spanning the ideological spectrum after several stock-trading controversies during the pandemic raised eyebrows.

Supreme Court Rejects Trump’s Request to Withhold Jan. 6 Materials from House Committee Investigating Capitol Riot
MSN – Robert Barnes (Washington Post) | Published: 1/19/2022

The Supreme Court rejected former President Trump’s request to block the release of some of his White House records to a congressional committee investigating the January 6, 2021, attack on the U.S. Capitol. The order turned aside Trump’s request to block the records’ release while the case regarding his assertion of executive privilege continues through the courts. It means there is no legal obstacle to release of the materials from the National Archives and Trump’s lawyers have argued that would make the case moot.

Ted Cruz Finds Friendly High Court Audience in Campaign Finance Challenge
Courthouse News Service – Kelsey Reichman | Published: 1/19/2022

Members of the U.S. Supreme Court’s conservative majority seemed sympathetic to Sen. Ted Cruz in a challenge he brought to a provision of campaign finance law limiting the repayment of federal candidates’ loans to their campaigns. The law places a $250,000 limit on the repayment of personal loans from candidates to campaigns using money from postelection donations. Seeking to test the constitutionality of the law, Cruz lent $260,000 to his 2018 re-election campaign. Cruz says the provision has the effect of deterring the loans. The Biden administration argues Congress intended the provision as an anti-corruption measure.

The Justice Dept. Alleged Jan. 6 Was a Seditious Conspiracy. Now Will It Investigate Trump?
MSN – Matt Zapotosky, Josh Dawsey, Tom Hamburger, and Rachel Weiner (Washington Post) | Published: 1/15/2022

The Justice Department’s decision to charge Oath Keepers with seditious conspiracy makes clear prosecutors consider the attack on the U.S. Capitol part of an organized assault to prevent the peaceful transfer of presidential power. But so far, the department does not appear to be directly investigating the person whose desperate bid to stay in office motivated the mayhem, former President Trump, either for potentially inciting a riot or for what some observers see as a related pressure campaign to overturn the results of the election.

From the States and Municipalities

California – Fired OC District Attorney’s Investigator Who Accused Todd Spitzer of Bribery Gets Job Back in Arbitration
Orange County Register – Tony Saavedra | Published: 1/17/2022

Michael Leb, a fired Orange County district attorney’s office investigator who accused District Attorney Todd Spitzer of “pay-to-play” schemes, won back his job in arbitration. Arbitrator Michael Leb, who concluded the firing process “was tainted. The charges were not proven, and the termination of Tucker was not for reasonable cause.” Tucker will be paid more than a year in back pay. Tucker was fired amid allegations he unilaterally began investigating his suspicions that Spitzer was giving preferential treatment to campaign donors. Tucker also accused Spitzer with colluding with investigation bureau chief Paul Walters to bury the findings.

California – Tech Companies Spend Millions on California Political Gifts
MSN – Don Thompson (Associated Press) | Published: 1/14/2022

Gov. Gavin Newsom solicited donations totaling nearly $227 million from Facebook, Google, and other private California companies and groups to combat the coronavirus pandemic and help run parts of his administration, according to the Fair Political Practices Commission. While California limits the amount of the gifts and campaign contributions to politicians, there are no limits on so-called behested payments. They are reportable only if they are made at the suggestion of a public official to someone else for a legislative, governmental, or charitable purpose, and only if payments from a single source reach $5,000 in a calendar year.

Colorado – Campaign Contributions Didn’t Require Commissioner’s Recusal, Court Rules
Legal Newsline – Daniel Fisher | Published: 1/19/2022

Citing a U.S. Supreme Court decision that established the constitutional boundaries for determining political conflicts-of-interest, a Colorado court rejected claims that Larimer County Commissioner Tom Donnelly should have recused himself from voting on a concrete plant permit because the company’s shareholders contributed several thousand dollars to his campaign. Central to the decision was the Supreme Court’s 2009 decision Caperton v. A.T. Massey Coal Co., which said the due process rights of citizens can be violated in “rare,” “exceptional,” and “extreme” cases where a politician’s vote appears to reflect large campaign contributions.

Colorado – Grand Jury to Investigate Election Tampering Allegations in Mesa County
Canon City Daily Record – Saja Hindi (Denver Post) | Published: 1/13/2022

State and local officials are launching a grand jury investigation into allegations of election equipment tampering and official misconduct in Mesa County, Colorado. Authorities have been investigating a possible security breach in County Clerk Tina Peters’ office after Peters and others allegedly allowed an unauthorized person access to elections equipment. The secretary of state’s office asked Peters to sign a document that placed limits on what she can do for the 2022 elections if she wants to return as clerk, but Peters rejected the offer.

Florida – Florida Governor Proposes Special Police Agency to Monitor Elections
MSN – Lori Rozsa and Beth Reinhard (Washington Post) | Published: 1/18/2022

A plan by Florida Gov. Ron DeSantis would establish a special police force to oversee state elections, the first of its kind in the nation, and while his fellow Republicans have reacted tepidly, voting rights advocates fear it will become law and be used to intimidate voters. The proposed Office of Election Crimes and Security would be part of the Department of State, which answers to the governor. DeSantis is asking the Legislature to allocate nearly $6 million to hire 52 people to “investigate, detect, apprehend, and arrest anyone for an alleged violation” of election laws. They would be stationed at unspecified “field offices throughout the state” and act on tips from “government officials or any other person.”

Florida – Records: Tallahassee strategist helped boost ghost candidates with dark money ad buy
MSN – Samantha Gross (Miami Herald) | Published: 1/18/2022

A longtime political strategist paid for more than $500,000 in misleading mailers promoting no-party candidates in three key Florida Senate races in 2020, according to court records released as part of a public corruption probe. Investigators say the ads were meant to confuse voters to benefit the Republican candidates in the races. The mailers featured messaging on issues that historically appeal to Democrats and promoted no-party candidates who had not actively campaigned. The ads urge voters to “cut the strings” from party-backed candidates.

Georgia – Atlanta Public Corruption Trials to Begin After Four Years, Trump-Related Turnover of Prosecutors
Saporta Report – David Penered | Published: 1/18/2022

The federal prosecution of alleged corruption at Atlanta City Hall appears to be advancing after a delay. There are four upcoming trials that could last through the year, and perhaps longer. Authorities filed indictments against public officials and vendors whose city contracts ranged in the millions of dollars. Former President Trump may have had a role in the prosecution’s delay. Three U.S. attorneys have served in Atlanta in the past year. The fourth prosecutor in line to lead the office is Ryan Buchanan, who was nominated by President Biden and is awaiting Senate confirmation.

Illinois – ‘They All Need Somebody That Does What I Do’; Unsealed affidavit reveals new details in Ald. Edward Burke corruption probe
Yahoo News – Jason Meisner (Chicago Tribune) | Published: 1/14/2022

An FBI search warrant affidavit that led to the 2018 raid on Ald. Edward Burke’s City Hall offices was made public, providing new detail on the hundreds of audio and video recordings made in the corruption case that rocked Chicago politics. The affidavit paints a picture of Burke at the height of his power as chair of the Finance Committee, accusing him of constantly prowling for new business for his private law firm and making repeated offers to grease the wheels at City Hall for those he favored.

Maryland – Baltimore State’s Attorney Marilyn Mosby Indicted on Federal Charges She Lied on Financial Transactions to Buy Homes in Florida
Yahoo News – Justin Fenton (Baltimore Sun) | Published: 1/13/2022

A federal grand indicted Baltimore’s top prosecutor, Marilyn Mosby, on charges of perjury and making false statements with a series of financial transactions that helped her buy a condominium on Florida’s Gulf Coast and another property near Orlando. Mosby is charged with falsely claiming to suffer financial hardship from the coronavirus to obtain an early withdrawal from her retirement savings to purchase the homes. Prosecutors also allege she lied on a mortgage loan application by hiding an outstanding federal tax debt.

Massachusetts – Lyft Makes Largest One-Time Political Donation in Massachusetts History, Fueling Gig Worker Ballot Fight
MSN – Matt Stout (Boston Globe) | Published: 1/18/2022

The coalition pushing petitions that could reshape how gig economy workers are classified in Massachusetts took in the single largest political donation in state history, helping fund a phalanx of consultants, pollsters, and signature gatherers driving the questions toward the ballot. The rideshare giant Lyft gave $14.4 million to a committee supporting the petitions, most of which came in a $13 million donation on December 30. The committee enlisted Conan Harris & Associates, a management consulting firm founded by the husband of U.S. Rep. Ayanna Pressley.

Michigan – Ex-Detroit Councilman André Spivey Gets 2-Year Sentence in Bribery Case
Detroit News – Robert Snell and James David Dickson | Published: 1/19/2022

A federal judge sentenced former Detroit City Councilperson André Spivey to two years in federal prison for receiving almost $36,000 in bribes, part of a sprawling corruption scandal engulfing City Hall and the police department. Spivey received about $36,000 in the scheme from a towing industry figure who was working undercover for the FBI, prosecutors said. Spivey received the money on eight separate occasions during a five-year period ending in 2020, including cash during a secret payoff at his 46th birthday party.

Michigan – Michigan Attorney General Refers Investigation into Fake Republican Electors to Federal Prosecutors
MLive.com – Malachi Barrett | Published: 1/14/2022

Michigan Attorney General Dana Nessel said she gave federal prosecutors the details of a year-long investigation into Republicans who signed false documents asserting former President Trump won Michigan’s Electoral College votes. Sixteen Republicans falsely identified themselves as Michigan’s “duly elected and qualified electors” in unofficial certificates that were sent to federal officials who record the Electoral College vote following the 2020 election. Nessel said federal prosecutors could consider fraud and charges, and her office is still considering whether to bring state-level charges.

Missouri – The Kansas City Star Seeks to Intervene in Independence Suit, Unseal Mayor’s Deposition
Kansas City Star – Kevin Hardy | Published: 1/19/2022

The Kansas City Star asked to intervene in a civil lawsuit in Independence for the purpose of unsealing the sworn testimony of Mayor Eileen Weir. In its motion, The Star argues Weir failed to show any legal cause for sealing her deposition and says its closure is a violation of First Amendment protections. Rules say individuals may seek protective orders “for good cause shown.” The Star argues Weir included no justification, but only referenced the fact that she was the mayor and third parties were seeking copies of her deposition transcript.

Montana – Federal Judge Strikes Down Montana’s Clean Campaign Act
Helena Independent Record – Sam Wilson | Published: 1/18/2022

U.S. District Court Judge Donald Molloy ruled a Montana law that was meant to curb last-minute campaign attacks violates free speech rights. Molloy said the Clean Campaign Act “delays, and sometimes even prevents, political speech on the basis of content.” Montana Citizens for Right to Work sued after the state’s Commissioner of Political Practices found it failed to follow the law’s “Fair Notice” provision by giving candidates a heads-up on negative mailers sent out shortly before Election Day in 2020. It is unclear whether the state will appeal the ruling.

New York – N.Y. Attorney General Outlines Pattern of Possible Fraud at Trump Business
MSN – Jonah Bromwich, Ben Protess, and William Rashbaum (New York Times) | Published: 1/19/2022

New York Attorney General Letitia James accused Donald Trump’s family business of repeatedly misrepresenting the value of its assets to bolster its bottom line, saying in court papers the company had engaged in “fraudulent or misleading” practices. The filing marked the first time the attorney general’s office leveled such specific accusations against the former president’s company. Her broadside ratchets up the pressure on Trump as he seeks to shut down her investigation, which he has called a partisan witch hunt.

Ohio – FirstEnergy Collected $460 Million from Customers; Auditor Unsure If It Was Spent on Bribes
Ohio Capital Journal – Jake Zuckerman | Published: 1/18/2022

There is no clear evidence to show the $460 million that FirstEnergy charged its customers went to its stated purpose of modernizing the electric grid, an audit found. A 2019 Ohio Supreme Court ruling blocked the company from continuing to apply the charge to customer bills. Daymark Energy Advisors, in an audit for the Public Utility Commission sought to follow the money. The audit comes as consumer advocates have demanded answers as to whether FirstEnergy used the funds in its $60 million political bribery scheme it operated.

Ohio – Ohio Supreme Court Invalidates GOP-Approved Congressional Map ‘Infused with Undue Partisan Bias’
Yahoo News – Jessie Balmert and Laura Bischoff (Columbus Dispatch) | Published: 1/13/2022

The Ohio Supreme Court struck down the state’s congressional district map, saying Republicans violated the Ohio Constitution by drawing districts that favored GOP candidates. That violated language overwhelmingly approved by voters in 2018 to prevent a map that unduly favored one party or its incumbents. “When the dealer stacks the deck in advance, the house usually wins,” wrote Justice Michael Donnelly in the court’s opinion.

Pennsylvania – Pa. Legislature’s Redacted Legal Bills Flout Court Ruling, Leave Taxpayers Guessing
Spotlight PA – Angela Couloumbis (Spotlight PA) and Sam Janesch (The Caucus) | Published: 1/11/2022

In May, GOP lawmakers who control the state House and Senate hired the chair of the Republican Party of Pennsylvania to represent them in legal matters at $575 an hour. Within three weeks, Lawrence Tabas and his law firm had charged the chambers more than $36,000 for 78 hours of work, records show. What Tabas did for the Legislature, however, is a mystery. Republican leaders redacted all details about his work from his contract and other public records, continuing a pattern of secrecy surrounding the Legislature’s agreements with private lawyers.

South Carolina – Will 2022 Be the Year for Ethics Reform in South Carolina?
Charleston Post and Courier – Avery Wilks | Published: 1/17/2022

Months after a newspaper investigation exposed how dozens of political officials across South Carolina get away with refusing to pay their ethics fines, state lawmakers appear to be taking action. A Senate committee will soon debate a proposal to ban such officials from seeking reelection unless they pay their penalties, an effort to make politicians take the state’s ethics laws, and the watchdog that enforces them, more seriously. It is one of more than two dozen good government bills lawmakers could consider as they begin their 2022 session.

South Dakota – Investigators Say South Dakota AG Was Untruthful About Crash
Yahoo News – Stephen Groves (Associated Press) | Published: 1/19/2022

Criminal investigators told South Dakota lawmakers they did not believe the state’s attorney general when he told them he never saw the body of the man he fatally struck in a crash in 2020. Investigators said they doubted Attorney General Jason Ravnsborg’s insistence, both in public and in law enforcement interviews, that he initially thought he hit an animal. A House committee is weighing whether Ravnsborg should face impeachment charges for his conduct. He pleaded no contest to a pair of misdemeanors last year and has said he did not realize he struck Joseph Boever until returning to the scene the next day.

Tennessee – Former Tennessee House Speaker Casada and Ex-Aide Subpoenaed Over Faith PAC
Yahoo News – Andy Sher (Chattanooga Times Free Press) | Published: 1/15/2022

The Tennessee Registry of Election Finance moved to subpoena former House Speaker Glen Casada in an effort to audit the Faith Family Freedom Fund, a PAC that spent $7,000 attacking an incumbent lawmaker in 2020. The registry also targeted Casada’s former chief of staff, Cade Cothren, and state Rep. Todd Warner. The fund’s treasurer, Sydney Friedopfer testified she opened the PAC at the request of Cothren, her then-boyfriend. The PAC was used to attack then-Rep. Rick Tillis in the GOP primary race with Warner.

Tennessee – State Officials Fine Nashville Council Member $360K for 36 Campaign Finance Violations
Yahoo News – Cassandra Stephenson (The Tennessean) | Published: 1/13/2022

Nashville Council member Jonathan Hall failed to file multiple mandatory campaign finance reports on time, or at all, during election cycles in 2018 and 2019, according to a letter from the Bureau of Ethics and Campaign Finance. The agency’s counsel, Lauren Topping, said the allegations span 36 individual violations. Of the reports that Hall’s campaign did file, some lack required donor and vendor information and itemized expenses. Some contain unexplained discrepancies deemed “troubling” by Assistant District Attorney General Brian Ewald. Hall is liable for $360,000 in civil penalties in the case.

Texas – Agriculture Commissioner Sid Miller’s Political Consultant Indicted on Charges of Theft, Bribery in Hemp License Scheme
Texas Tribune – Sneh Dey | Published: 1/18/2022

Todd Smith, a top political consultant to Texas Agriculture Commissioner Sid Miller, was indicted on felony charges of theft and commercial bribery related to taking money in exchange for state hemp licenses that are doled out through Miller’s office. Smith and others were accused of soliciting up to $150,000 to get an “exclusive” hemp license from the Department of Agriculture. Smith allegedly said $25,000 would be used for a public poll on hemp. A hemp license from the state costs $100, according to the arrest warrant.

Texas – Election Officials in Texas Reject Hundreds of Ballot Applications Under State;s New Voting Restrictions
MSN – Eugene Scott (Washington Post) | Published: 1/14/2022

Election officials in one of the most populous counties in Texas have rejected about half of the applications for ballots because of the state’s new voting restrictions enacted by Republicans last year. The clerk’s office in Travis County, the fifth-most-populous county and home to the capital of Austin, cited the law’s recent changes to identification requirements in rejecting about half of the 700 mail-in applications. Other county clerk’s offices in the state are also rejecting applications that fail to meet the new standard.

Virginia – Republican Anger, Progressive Concern Combine in Push to Ban Political Spending by Utilities
Virginia Mercury – Sarah Vogelsong and Graham Moomaw | Published: 1/18/2022

Legislative proposals to curb Virginia utilities’ political contributions may be gaining new traction in Richmond as old resentments over a 2015 utility rate freeze law combine with progressive Democrats’ skepticism of utility influence and Republican anger over Dominion Energy’s contributions to a shadowy PAC attacking Gov. Glenn Youngkin during the 2021 elections. Political contributions by utilities have been a hot-button issue in Virginia in recent years largely due to Dominion, the state’s largest electric utility and for many years the biggest corporate donor in state politics.

Virginia – Youngkin’s Cabinet Shares Ties to Fossil Fuels and Energy Companies
Center for Responsive Politics – Jimmy Cloutier | Published: 1/13/2022

Virginia Gov. Glenn Youngkin’s nomination of Andrew Wheeler to be his secretary of natural resources drew backlash from Democratic lawmakers and climate activists, who expressed concern about the onetime lobbyist’s ties to the coal industry and his environmental record under former President Trump. As secretary of natural resources, Wheeler would occupy the state’s top environmental post. Wheeler is not the only nominee or staff member in Youngkin’s incoming administration to share ties to fossil fuel companies and energy providers.

Washington DC – DC Pay-to-Play Law to Take Effect November 2022
JD Supra – Staff | Published: 1/18/2022

The District of Columbia’s long-awaited “pay-to-play” law will take effect on November 9, 2022, after over two years of delay. Under the law, certain entities and individuals will be prohibited from making political contributions to certain government officials. In general, the ban will affect those having or seeking business of $250,000 or more with the city government. The individuals covered generally include senior officers at covered entities.

Wisconsin – Wisconsin Clerks Rush to Rewrite Voting Instructions After Judge Rules Absentee Ballot Drop Boxes Are Illegal
Yahoo News – Patrick Marley (Milwaukee Journal Sentinel) | Published: 1/14/2022

Election clerks around Wisconsin scrambled to rewrite their instructions to voters after a judge ruled absentee ballot drop boxes are not allowed under state law. The ruling by Waukesha County Circuit Court Judge Michael Bohren is likely to be appealed, but for now, clerks are assuming the decision will remain in place. Bohren’s ruling also barred people from returning any absentee ballots other than their own. That means political groups cannot pick up ballots for voters, but also that people cannot return the ballots of their spouses, parents, or neighbors.

Campaign Finance

National: “Ted Cruz Finds Friendly High Court Audience in Campaign Finance Challenge” by Kelsey Reichman for Courthouse News Service

Montana: “Federal Judge Strikes Down Montana’s Clean Campaign Act” by Sam Wilson for Helena Independent Record

Virginia: “Republican Anger, Progressive Concern Combine in Push to Ban Political Spending by Utilities” by Sarah Vogelsong and Graham Moomaw for Virginia Mercury

Washington DC: “DC Pay-to-Play Law to Take Effect November 2022” by Staff for JD Supra

Elections

Florida: “Records: Tallahassee strategist helped boost ghost candidates with dark money ad buy” by Samantha Gross (Miami Herald) for MSN

Ethics

National: “House Jan. 6 Committee Subpoenas Giuliani, Sidney Powell” by Jacqueline Alemany and Tom Hamburger (Washington Post) for MSN

Michigan: “Ex-Detroit Councilman André Spivey Gets 2-Year Sentence in Bribery Case” by Robert Snell and James David Dickson for Detroit News

New York: “N.Y. Attorney General Outlines Pattern of Possible Fraud at Trump Business” by Jonah Bromwich, Ben Protess, and William Rashbaum (New York Times) for MSN

Texas: “Agriculture Commissioner Sid Miller’s Political Consultant Indicted on Charges of Theft, Bribery in Hemp License Scheme” by Sneh Dey for Texas Tribune

Legislative Issues

National: “Legislatures Across Country Back Off Pandemic Protocols” by Sean Scully for Colorado Newsline

Campaign Finance

National: “How More Than $404 Million in Taxpayer Money Got Locked Away in a Forgotten Government Fund – and Lawmakers Won’t Spend It or Return It” by Dave Levinthal (Business Insider) for Yahoo News

Massachusetts: “Lyft Makes Largest One-Time Political Donation in Massachusetts History, Fueling Gig Worker Ballot Fight” by Matt Stout (Boston Globe) for MSN

Elections

Florida: “Florida Governor Proposes Special Police Agency to Monitor Elections” by Lori Rozsa and Beth Reinhard (Washington Post) for MSN

Ethics

National: “ExxonMobil Aims to Use a Radical Texas Law to Silence Its Critics – in California” by Chris McGreal for Mother Jones

National: “Lawmakers Coming Under Increased Threats – Sometimes from One Another” by Rebecca Beitsch (The Hill) for Yahoo News

California: “Fired OC District Attorney’s Investigator Who Accused Todd Spitzer of Bribery Gets Job Back in Arbitration” by Tony Saavedra for Orange County Register

Ohio: “FirstEnergy Collected $460 Million from Customers; Auditor Unsure If It Was Spent on Bribes” by Jake Zuckerman for Ohio Capital Journal

South Carolina: “Will 2022 Be the Year for Ethics Reform in South Carolina?” by Avery Wilks for Charleston Post and Courier

Campaign Finance

Tennessee: “Former Tennessee House Speaker Casada and Ex-Aide Subpoenaed Over Faith PAC” by Andy Sher (Chattanooga Times Free Press) for Yahoo News

Elections

Colorado: “Grand Jury to Investigate Election Tampering Allegations in Mesa County” by Saja Hindi (Denver Post) for Canon City Daily Record

Texas: “Election Officials in Texas Reject Hundreds of Ballot Applications Under State;s New Voting Restrictions” by Eugene Scott (Washington Post) for MSN

Wisconsin: “Wisconsin Clerks Rush to Rewrite Voting Instructions After Judge Rules Absentee Ballot Drop Boxes Are Illegal” by Patrick Marley (Milwaukee Journal Sentinel) for Yahoo News

Ethics

National: “DirecTV Says It Will Sever Ties with Far-Right Network One America News” by Timothy Bella (Washington Post) for MSN

National: “Now with Senate Allies, Spanberger’s Legislation to Ban Members of Congress from Trading Stock Gains Traction” by Meagan Flynn (Washington Post) for MSN

Illinois: “‘They All Need Somebody That Does What I Do’; Unsealed affidavit reveals new details in Ald. Edward Burke corruption probe” by Jason Meisner (Chicago Tribune) for Yahoo News

Pennsylvania: “Pa. Legislature’s Redacted Legal Bills Flout Court Ruling, Leave Taxpayers Guessing” by Angela Couloumbis (Spotlight PA) and Sam Janesch (The Caucus) for Spotlight PA

Campaign Finance

National: “FEC Report Shows How National Party Committees Allegedly Blow Past Contribution Limits” by Isaac Stanley-Becker (Washington Post) for MSN

California: “Tech Companies Spend Millions on California Political Gifts” by Don Thompson (Associated Press) for MSN

Tennessee: “State Officials Fine Nashville Council Member $360K for 36 Campaign Finance Violations” by Cassandra Stephenson (The Tennessean) for Yahoo News

Elections

Michigan: “Michigan Attorney General Refers Investigation into Fake Republican Electors to Federal Prosecutors” by Malachi Barrett for MLive.com

Ethics

National: “The Justice Dept. Alleged Jan. 6 Was a Seditious Conspiracy. Now Will It Investigate Trump?” by Matt Zapotosky, Josh Dawsey, Tom Hamburger, and Rachel Weiner (Washington Post) for MSN

Maryland: “Baltimore State’s Attorney Marilyn Mosby Indicted on Federal Charges She Lied on Financial Transactions to Buy Homes in Florida” by Justin Fenton (Baltimore Sun) for Yahoo News

Virginia: “Youngkin’s Cabinet Shares Ties to Fossil Fuels and Energy Companies” by Jimmy Cloutier for Center for Responsive Politics

Redistricting

Ohio: “Ohio Supreme Court Invalidates GOP-Approved Congressional Map ‘Infused with Undue Partisan Bias’” by Jessie Balmert and Laura Bischoff (Columbus Dispatch) for Yahoo News

National/Federal

Gaetz’s Ex-Girlfriend Appears Before Grand Jury in Sex Trafficking Probe
Seattle Times – Matt Zapotosky (Washington Post) | Published: 1/12/2022

The ex-girlfriend of U.S. Rep. Matt Gaetz appeared before a federal grand jury investigating him for possible sex trafficking of a minor, a signal the probe remains active more than a year after it began. Investigators are exploring whether Gaetz paid for sex in violation of federal sex-trafficking laws and have been interested in his dealings with a 17-year-old girl, people familiar with the matter have said. The appearance of his ex-girlfriend before a federal grand jury is a potentially ominous sign for Gaetz.

Jerome Powell Says the Fed Will Tighten Trading Rules After an Ethics Scandal
New York Times – Jeanna Smialek | Published: 1/11/2022

Jerome Powell, chairperson of the Federal Reserve, told lawmakers at his nomination hearing that the central bank was making changes to rules surrounding financial trades to prevent the kind of eyebrow-raising transactions surrounding three top Fed officials. The Fed has come under fire for allowing officials to trade securities for their own portfolios in 2020, a year in which the Fed was actively saving many asset classes and markets. That included notable trades by two of the 12 regional reserve bank presidents and the Fed’s vice chair.

Judge Mulls Whether Trump’s Silence on Jan. 6 Could Amount to ‘Agreement’ with Rioters
MSN – Josh Gerstein and Kyle Cheney (Politico) | Published: 1/10/2022

Donald Trump’s hours of silence while a violent mob ransacked the Capitol – egged on by his own words and tweets – could be plausibly construed as agreement with rioters’ actions, a federal judge suggested. U.S. District Court Judge Amit Mehta made the analysis as he pressed Trump’s lawyers about their efforts to dismiss a series of lawsuits against the former president seeking to hold him financially liable for inciting the January 6 insurrection.

Justice Dept. Forms New Domestic Terrorism Unit to Address Growing Threat
MSN – Matt Zapotosky and Devlin Barrett (Washington Post) | Published: 1/11/2022

The Justice Department is forming a new domestic terrorism unit. Matthew Olsen, head of the department’s National Security Division, announced the unit before the Senate Judiciary Committee, noting the number of FBI investigations of suspected domestic violent extremists – those accused of planning or committing crimes in the name of domestic political goals – had more than doubled since the spring of 2020. His testimony comes days after the anniversary of the riot at the Capitol, an event some lawmakers say showed the FBI underestimated the threat posed by domestic extremists and violence-prone members of far-right groups.

Kevin McCarthy Rejects Request by House Jan. 6 Committee for Information About Communications with Trump, Mark Meadows
MSN – Jacueline Alemany and Tom Hamburger (Washington Post) | Published: 1/12/2022

The House select committee investigating the January 6, 2021, attack on the U.S. Capitol requested that House Minority Leader Kevin McCarthy voluntarily provide information about his communications with former President Trump and White House Chief of Staff Mark Meadows. Details of those conversations could provide the committee with further insight into Trump’s state of mind at the time, wrote U.S. Rep. Bennie Thompson, the panel’s chairperson. McCarthy said he will not cooperate, arguing in a statement that its “only objective is to attempt to damage its political opponents.”

Pence and Jan. 6 Committee Engage in High-Stakes Dance Over Testimony
Yahoo News – Michael Schmidt and Alan Feuer (New York Times) | Published: 1/10/2022

Since the House select committee investigating the assault on the Capitol was formed last summer, former Vice President Mike Pence’s lawyer and the panel have been talking about whether he would be willing to speak to investigators. But as Pence began sorting through a complex calculation about his cooperation, he is said to have grown disillusioned with the idea of voluntary cooperation. For the committee, Pence’s testimony would be an opportunity to establish how Donald Trump’s pressuring him to block the certification of the 2020 election helped inspire the storming of the Capitol on January 6, 2021.

Rep. Jim Jordan Refuses to Cooperate with Jan. 6 Committee Investigating Capitol Attack
MSN – Annabelle Timsit (Washington Post) | Published: 1/10/2022

U.S. Rep. Jim Jordan is refusing a request to be interviewed by the House select committee investigating the January 6, 2021, attack on the U.S. Capitol by a pro-Trump mob, calling it an “unprecedented and inappropriate demand.” Jordan declined to comply with the request to appear before the panel to discuss his communication with Trump on the day of the assault. Jordan previously said he could not recall how many times he spoke with Trump on January 6 but they spoke at least once.

Schumer Sets Up Final Senate Confrontation on Voting Rights and the Filibuster
MSN – Mike DeBonis (Washington Post) | Published: 1/12/2022

Senate Majority Leader Charles Schumer prepared Democrats for the final phase of a year-long push to pass voting rights legislation, sketching out legislative maneuvers that could launch debate on a pair of stalled bills and force a confrontation over the Senate’s rules in the coming days. The details of the next steps come as President Biden has launched his own aggressive push to convince his fellow Democrats to band together and overhaul the filibuster to overcome strict GOP opposition to voting rights bills.

The Battle to Prevent Another Jan. 6 Features a New Weapon: The algorithm
MSN – Steven Zeitchik (Washington Post) | Published: 1/6/2022

For many Americans who witnessed the attack on the U.S. Capitol last year, the idea of mobs of people storming a bedrock of democracy was unthinkable. For the data scientists who watched it unfold, the reaction was different: we have been thinking about this for a long time. The sentiment comes from a group working in a field known as unrest prediction. The group takes a promising if fraught approach that applies the complex methods of machine-learning to the mysterious roots of political violence. Centered on the developing world, its systems are slowly being retooled with a new goal: predicting the next January 6.

When Lobbyists and Legislators Socialize, Lobbyists Are More Likely to Get What They Want
MSN – Sara Sadhwani, Pamela Lopez, Christian Grose, and Antoine Yoshinaka | Published: 1/12/2022

Lobbying often takes place off Capitol Hill. Whether it is dinner at the Charlie Palmer steakhouse in Washington, or the hosting of public officials at receptions and bars, lobbying in social situations is a key tool of professional advocates. To explore the impact of social lobbying, researchers conducted an experiment in the California Legislature. They say they found interest groups are more likely to get what they ask for when they meet legislators or their staff socially. Much like everyone else, public officials are more easily persuaded in such settings.

From the States and Municipalities

Arizona – Cyber Ninjas, the Firm Behind the Audit in Arizona’s Maricopa County, Says It’s Closing and Letting All Its Employees Go
Business Insider – Cheryl Teh | Published: 1/7/2022

Cyber Ninjas, the company behind the 2020 election audit in Maricopa County, Arizona, said it was closing and letting all its staff go as it faces staggering daily fines for refusing to turn over public record related to the audit. A judge in Arizona said Cyber Ninjas would be fined $50,000 a day if it did not immediately turn over the records. It is unclear how many employees Cyber Ninjas has on its payroll, though LinkedIn lists its company size as two to 10 employees.

California – Former High-Level Lawyer with L.A. City Attorney Agrees to Plead Guilty in DWP Scandal
MSN – Dakota Smith and David Zahniser (Los Angeles Times) | Published: 1/10/2022

A former high-level lawyer in Los Angeles City Attorney Mike Feuer’s office agreed to plead guilty in the federal corruption probe of the Department of Water and Power (DWP) billing debacle, becoming the first staffer under Feuer to do so. Thomas Pierce agreed to plead guilty to one count of aiding and abetting extortion. In his plea agreement, Pierce admitted he threatened to fire one of the city’s outside lawyers unless that lawyer paid off a person who was threatening to reveal damaging information about city lawyers’ handling of the DWP case.

California – What’s Behind the ‘Great Resignation’ of California Lawmakers?
MSN – Ben Christopher (CalMatters) | Published: 1/10/2022

Propelled by approaching term limits, new district lines, and a raft of political opportunities outside the state Capitol, 14 California lawmakers have sought employment elsewhere.  That does not include the seven members, all senators, who are barred from seeking reelection in 2022 by term limits. Some incumbents and lobbyists say this year’s changing of the guard has the potential to shake up the Capitol’s policy-making dynamic.

Colorado – Mesa County Clerk Who Embraced Conspiracy Theories Given 3 Days to Accept Election Security Oversight
Denver Post – Saja Hindi | Published: 1/12/2022

Colorado Secretary of State Jena Griswold wants Mesa County Clerk and Recorder Tina Peters to sign documents saying she will comply with election security protocols that place limits on what she can do before Peters can resume her duties as the county’s designated election official. In October, a judge barred Peters and Deputy Clerk Belinda Knisley from overseeing the 2021 election. Peters has been held up as a prominent figure among election conspiracy theorists who claim the 2020 election was stolen.

Connecticut – Top Prosecutor’s Fate Will Await Completion of Investigation, Judge Says
Connecticut Mirror – Mark Pazniokas | Published: 1/12/2022

The commission with the power to hire and fire top prosecutors in Connecticut is awaiting completion of an investigation of how Chief State’s Attorney Richard Colangelo Jr. came to hire the daughter of a top state budget official while he lobbied the budget office for raises. Colangelo hired Anastasia Diamantis while he was lobbying her father, Kostantinos Diamantis, who was deputy secretary of the Office of Policy and Management before his firing. The state contracted with an outside attorney “to conduct a factual investigation on behalf of the Office of the Governor regarding possible improprieties by state employees and possibly others.”

Delaware – Jury Finds State Sen. Darius Brown Not Guilty of Misdemeanor Charges
Yahoo News – Xerxes Wilson (Delaware News Journal) | Published: 1/6/2022

A jury found Delaware Sen. Darius Brown not guilty of misdemeanor offensive touching and disorderly conduct. The trial saw a woman accuse Brown of hitting her in the head and throwing a glass that shattered in her proximity while they were at a restaurant. Senate President Pro Tempore David Sokola said regardless of whether Brown’s conduct was not criminal, “it remains clear” Brown has been involved in “multiple confrontations in public spaces” over the past year. Sokola said the Senate’s Rules and Ethics Committee will review allegations against Brown in the coming weeks.

Florida – Florida Officials Tried to Steer Education Contract to Former Lawmaker’s Company
Yahoo News – Lawrence Mower and Ana Ceballos (Tampa Bay Times) | Published: 1/11/2022

The Florida Department of Education is under fire for trying to steer a multimillion-dollar contract to a company whose chief executive has ties to the state’s education commissioner. Records and interviews show that before the Education Department asked for bids, it was already in advanced talks with the company to do the work, subverting a process designed to eliminate favoritism. The company is MGT Consulting, led by former lawmaker Trey Traviesa, a longtime colleague of the state’s education commissioner, Richard Corcoran.

Florida – Florida Senate Accuses Lawyer Who Submitted Redistricting Map of Violating Rules
Miami Herald – Mary Ellen Klas | Published: 1/6/2022

The Florida Senate accused a staff attorney for the ACLU of Florida of misinformation after he appeared as a private citizen before a redistricting committee to present a map he had drawn but failed to identify his employer, which had no role in the submission. The Senate changed its rules this year regarding map submissions and now requires anyone who attempts to address legislators in a public meeting to submit a disclosure form that indicates if they are a lobbyist or getting expenses paid. The rules also prohibit lawmakers from considering maps submitted by the public unless a legislator explicitly requested the map in writing.

Florida – FPL Makes Unusual Public Attack on Miami Herald After Solar Power Coverage
MSN – David Ovalle (Miami Herald) | Published: 1/6/2022

Florida Power & Light (FPL) launched an unusual public attack on The Miami Herald and its senior Tallahassee reporter over coverage of the utility company’s lobbying on solar power policy, criticism the newspaper’s top editor called “unfair.” FPL published a piece on its own website criticizing the news organization for not publishing the entirety of an editorial written in response to a Miami Herald story co-authored by Mary Ellen Klas about the company’s role in preparing legislation affecting rooftop solar power generation in Florida. FPL’s post was titled: “Truth Matters: Why is the Miami Herald afraid to let its readers hear opposing voices?”

Georgia – Perdue Sues Over New Georgia Fundraising Law
Yahoo News – Joseph Coi (The Hill) | Published: 1/6/2022

David Perdue’s gubernatorial campaign filed a lawsuit challenging a state law that critics say gives Georgia Gov. Brian Kemp an advantage in the race. Last year, Kemp signed Senate Bill 221 into law, allowing those vying for governor, lieutenant governor, and party leadership roles to create “leadership committees” with no caps on individual campaign contributions. The law also does away with limits on when committees can raise money. Critics have argued it gives incumbent candidates an unfair advantage, as nonincumbent candidates must win a party primary before they can establish a leadership committee.

Idaho – Idaho Statehouse Security: Is the ‘people’s house’ a safe place for the people?
KPVI – Clark Corbin (Idaho Capital Sun) | Published: 1/9/2022

Political organizer Alicia Abbott worries that members of the public will not feel comfortable or safe at the Idaho Capitol, whether it is due to the anger or crowds or lack of COVID-19 protocols like masking and distancing. She is concerned that would rob people of their ability to participate in the legislative process and could limit the perspective of public testimony presented to lawmakers during bill hearings. Abbott is not the only one who is worried about the potential for violence and politics to clash.

Iowa – Republican Leadership Bars Journalists from Iowa Senate Floor, Worrying Press Advocates
MSN – Kim Bellware (Washington Post) | Published: 1/8/2022

Republican leaders in the state Senate told journalists they will no longer be allowed to work on the chamber floor, a change that breaks with a more than 140-year tradition in the Iowa Capitol. The move raised concerns among free press and freedom of information advocates who said it is a blow to transparency and open government that makes it harder for the public to understand, let alone scrutinize, elected officials. The new rule denies reporters access to the press benches near senators’ desks, a proximity that statehouse reporters said is crucial for the most accurate coverage.

Kentucky – Senate Bill Would Block State Contracts If Bidders’ Lobbyists Are Convicted of Crimes
Yahoo News – John Cheves (Lexington Herald-Leader) | Published: 1/10/2022

A Kentucky Senate bill would block state contracts from going to companies for five years after their lobbyists are convicted of crimes related to helping those companies win those contracts. If the language in Senate Bill 46 sounds specific, that is because the sponsor has in mind a particular contract and a particular lobbyist and particular crimes. Sen. Stephen Meredith said he objects to a $51.7 million contract renewal awarded by the Kentucky Personnel Cabinet in 2020 to Cannon Cochran Management Services.

Maryland – Howard County Council Member Outraged by Denial of Matching Campaign Funds, Calling It Political Manipulation
MSN – Katie Long (Baltimore Sun) | Published: 1/12/2022

A technicality in the law resulted in Howard County candidates being denied matching campaign funds this election season. To be eligible for up to $85,000 in matching funds, county council candidates must collect at least $10,000 from at least 125 donations. These funds are only available for candidates in contested races, meaning at least two candidates’ names must appear on the ballot. The rules also state the determination date for when a race is “contested” is six months prior to the state filing deadline. This language is what resulted in the withholding of funds from council member Deb Jung.

Michigan – Judge Tosses GOP Challenge to Exception for Recall Donations
MSN – David Eggers (Associated Press) | Published: 1/6/2022

A federal judge dismissed Republicans’ lawsuit challenging the ability of Michigan Gov. Gretchen Whitmer’s reelection campaign to collect excess donations under an exception for recall attempts, saying they lack the standing to sue. U.S. District Court Judge Janet Neff ruled state GOP Chairperson Ron Weiser and the party failed to show they had suffered a “concrete and particularized injury.” She also said they could have given unlimited amounts to recall committees opposing the Democratic governor but did not. Republicans said they would appeal.

Montana – Montana Conservation Voters Action Fund Facing Fine for Campaign Finance Violations
Helena Independent Record – Nolan Lister | Published: 1/12/2022

Montana Conservation Voters Action Fund is facing a fine for failing to file reports on its spending in municipal elections in Helena, Missoula, and Billings last year. As a registered political committee, the group is permitted to engage in these actions. But it failed to report its expenses as required. “Unfortunately, our vendor failed to submit the required reports related to our work …,” said Jake Brown, the organization’s political director.

New Mexico – New Mexico Ethics Commission to Consider Charges Against Dow
Yahoo News – Robert Nott (Santa Fe New Mexican) | Published: 1/10/2022

The general counsel for the State Ethics Commission recommended a public hearing to determine whether New Mexico Rep. Rebecca Dow, a GOP candidate for governor in the June primary, violated government conduct and financial disclosure rules in connection with her work for a nonprofit she founded, AppleTree Educational Center, a faith-based early childhood education provider. A complaint raised questions about whether Dow accurately disclosed details about her position and salary with AppleTree. It also said there is evidence she may have used her legislative position to advocate for the nonprofit.

New Mexico – Public Financing the Common Factor for Winners of ABQ Campaigns in 2021
Albuquerque Journal – Jessica Dyer | Published: 1/9/2022

Whether Republican or Democrat, incumbent or political newcomer, every candidate who won a position in Albuquerque’s municipal government during the 2021 election cycle had at least one thing in common: all ran for office on the city’s public financing system. But the program that has fueled so many recent election wins also continues to fuel controversy and doubt.

New York – Cuomo Lawyer Fires Warning at Ethics Agency
Albany Times Union – Chris Bragg | Published: 1/12/2022

An attorney representing former Gov. Andrew Cuomo notified New York’s ethics oversight panel that it is to preserve “all evidence and documentation” concerning its efforts to force Cuomo to repay $5.1 million in proceeds from a 2020 book deal. The letter appears to be a warning shot to the Joint Commission on Public Ethics that if the panel continues attempts to force Cuomo to repay the funds that he earned from writing the book, Cuomo will sue. Cuomo will also seek to dig into the panel’s own machinations.

New York – Eric Adams Cuts His Brother’s Duties After Giving Him Top Police Job
New York Times – Dana Rubenstein and William Rashbaum | Published: 1/12/2022

When Mayor Eric Adams named a Virginia parking administrator and retired police sergeant to a top position in the New York Police Department, he said the man had one qualification that no one else there possessed: he was the mayor’s brother. Bernard Adams, 56, a former police sergeant who retired from the force in 2006 after 20 years, has been given one of the most elite jobs in city government: overseeing the unit that will protect the mayor’s physical safety. The mayor’s fundraising tactics have, tested the boundaries of campaign finance and law, and the hiring has amplified concerns that Mayor Adams pays too little heed to ethics.

New York – GOP Sues Over Law Letting Noncitizens Vote in NYC Elections
MSN – Marina Vileneuve (Associated Press) | Published: 1/10/2022

Republicans sued to prevent noncitizens from voting in New York City elections under a new local law that allows more than 800,000 noncitizens and “Dreamers” in New York City to vote in municipal elections as early as next year. They still cannot vote for president or members of Congress or in statewide elections. Republicans said the law violates the state constitution, which says, “every citizen shall be entitled to vote at every election” provided a citizen is at least 18 years old and a “resident of this state” and the locality for 30 days before an election.

New York – Hochul Moves to Scrap Much-Criticized Ethics Agency
Buffalo News – Tom Precious | Published: 1/7/2022

New York Gov. Kathy Hochul proposed reforms for the Joint Commission on Public Integrity (JCOPE). She would get rid of the system by which JCOPE board members are selected. Board members are now chosen by the governor and legislative leaders. Hochul wants a rotating five-member panel of law school deans – or, more likely, their designees – from the 15 state-accredited law schools in New York. Hochul also would scrap the special voting system JCOPE can now employ in which a minority of members can end an investigation. The reconstituted agency would still be the reporting and enforcement entity of the lobbying industry in Albany.

New York – Hochul’s Taxpayer-Funded Air Travel May Violate Ethics Rules
Albany Times Union – Chris Bragg | Published: 1/6/2022

On October 4, Gov. Kathy Hochul flew from Albany to New York City on a state-owned airplane. She went to Brooklyn to sign a bill, then held three campaign-related events before flying back to Albany in the evening. Although a major part of the day was dedicated to Hochul winning a full term in November’s election, her campaign did not reimburse taxpayers for any portion of the day’s travel. During Hochul’s first 45 days in office, on at least three separate days, the governor’s use of state aircraft has raised questions about whether there has been any misuse of taxpayer resources, according to a review of public records.

North Carolina – North Carolina Court Declines to Toss Out GOP-Drawn House Map
Yahoo News – Ally Mutnick (Politico) | Published: 1/11/2022

A North Carolina trial court dealt a setback to Democrats when it declined to strike down Republican-drawn congressional and legislative maps that had been challenged as illegal partisan gerrymanders. The ruling is the latest in a flurry of litigation and court orders muddying North Carolina’s 2022 elections and leaving its political future for the next decade in limbo. The Democratic-aligned plaintiffs who brought the suit immediately said they will appeal to the state Supreme Court, where their party has a narrow majority.

Ohio – Campaign Finance Watchdog Sues FEC Over Ohio Dark Money Group
Ohio Capital Journal – Nick Evans | Published: 1/11/2022

Two years ago, Citizens for Responsibility and Ethics in Washington (CREW) filed an FEC complaint against an Ohio-based “dark money” group called Freedom Vote. Attorneys with the FEC investigated and demonstrated violations occurred but the commission deadlocked. CREW has filed a new complaint, this time against the FEC itself. That is because despite an overwhelming set of evidence, commissioners failed to act against Freedom Vote. The commission deadlocked last November on whether to move forward with any kind of punishment.

Ohio – Ohio’s House Bill 6 Scandal Widened in 2021, but More Is Yet to Come in 2022
MSN – Jeremy Pelzer (Cleveland Plain Dealer) | Published: 12/30/2021

Ohio’s House Bill 6 scandal took on a new dimension in 2021, with FirstEnergy Corp. paying a $230 million fine for bribing top state officials, lawmakers passing a partial repeal of the infamous energy law, and ex- House Speaker Larry Householder being kicked out of the Legislature. There is more to come in 2022, as Householder’s upcoming trial on a federal corruption charge, as well as multiple civil lawsuits, are likely to reveal even more scandalous details about the passage of the legislation.

Oregon – Secretary of State Rules Kristof Ineligible to Run for Oregon Governor
Yahoo News – Connor Radnovich (Salem Statesman-Journal) | Published: 1/6/2022

Former New York Times columnist Nicholas Kristof cannot run for Oregon governor because he does not meet the residency requirements to hold office, the secretary of state’s office announced. The state constitution requires a candidate for governor to have been a “resident within this state” for three years prior to the general election. Evidence reviewed by elections officials showed Kristof was instead a resident of New York until late 2020 or early 2021.

Tennessee – Nashville Council Member Jonathan Hall Faces 14 Potential Campaign Finance Violations
MSN – Cassandra Stephenson (The Tennessean) | Published: 1/7/2022

Metropolitan Councilperson Jonathan Hall faces more than a dozen potential campaign finance violations that could lead to an audit or civil penalties. Hall failed to file multiple mandatory financial reports on time, or at all, during election cycles in 2018 and 2019, according to a letter sent from Bureau of Ethics and Campaign Finance Executive Director Bill Young. Of the financial reports that Hall’s campaign did file, some lack required donor and vendor information and itemization of expenses. Some contain unexplained discrepancies deemed “troubling” by Assistant District Attorney General Brian Ewald.

Washington – A Rural Washington School Board Race Shows How Far-Right Extremists Are Shifting to Local Power
Seattle Times – Hannah Allam (Washington Post) | Published: 1/8/2022

In recent years, far-right groups have been moving away from national organizing to focus on building grassroots support, harnessing conservative outrage to influence school boards and other local offices. That effort was stepped up after the attack on the U.S. Capitol left much of the militant right under federal scrutiny and in operational disarray. Eatonville, Washington, is among several rural, conservative parts of the West where members of self-styled militias are making inroads through what researchers call a mix of opportunism and intimidation.

Wisconsin – Supreme Court Clears Way for Liberal Group to Depose Assembly Speaker Robin Vos
Yahoo News – Patrick Marley (Milwaukee Journal Sentinel) | Published: 1/11/2022

The Wisconsin Supreme Court ended Assembly Speaker Robin Vos’ attempt to avoid a deposition, setting the stage for him to take questions under oath over whether he has followed the state’s open records law. He sought to avoid answering questions from the liberal group American Oversight, which has been seeking records of a partisan review of the 2020 election ordered by Vos.

Elections

New York: “GOP Sues Over Law Letting Noncitizens Vote in NYC Elections” by Marina Vileneuve (Associated Press) for MSN

Washington: “A Rural Washington School Board Race Shows How Far-Right Extremists Are Shifting to Local Power” by Hannah Allam (Washington Post) for Seattle Times

Ethics

National: “Justice Dept. Forms New Domestic Terrorism Unit to Address Growing Threat” by Matt Zapotosky and Devlin Barrett (Washington Post) for MSN

National: “Judge Mulls Whether Trump’s Silence on Jan. 6 Could Amount to ‘Agreement’ with Rioters” by Josh Gerstein and Kyle Cheney (Politico) for MSN

New Mexico: “New Mexico Ethics Commission to Consider Charges Against Dow” by Robert Nott (Santa Fe New Mexican) for Yahoo News

New York: “Hochul’s Taxpayer-Funded Air Travel May Violate Ethics Rules” by Chris Bragg for Albany Times Union

Lobbying

Kentucky: “Senate Bill Would Block State Contracts If Bidders’ Lobbyists Are Convicted of Crimes” by John Cheves (Lexington Herald-Leader) for Yahoo News

Procurement

Florida: “Florida Officials Tried to Steer Education Contract to Former Lawmaker’s Company” by Lawrence Mower and Ana Ceballos (Tampa Bay Times) for Yahoo News