legislative issues Archives - Page 16 of 86 - State and Federal Communications

January 26, 2023 • Written by Jim Sedor

News You Can Use Digest – January 27, 2023

National/Federal 2-Year Sentence for Hawaii Woman’s Trump Lobbying Scheme MSN – Associated Press | Published: 1/18/2023 An American consultant was sentenced to two years in prison for an illicit lobbying effort to get the Trump administration to drop an investigation into […]

National/Federal

2-Year Sentence for Hawaii Woman’s Trump Lobbying Scheme
MSN – Associated Press | Published: 1/18/2023

An American consultant was sentenced to two years in prison for an illicit lobbying effort to get the Trump administration to drop an investigation into the multibillion-dollar looting of a Malaysian state investment fund, and to arrange for the return of a Chinese dissident living in the U.S. Nickie Mali Lum Davis pleaded guilty in 2020 to one count of aiding and abetting in violation of the Foreign Agents Registration Act.

Classified Documents Found at Pence’s Indiana Home
MSN – Jamie Gangel, Jeremy Herb, and Evan Perez (CNN) | Published: 1/24/2023

A lawyer for former Vice President Mike Pence discovered about a dozen documents marked as classified at Pence’s Indiana home and he has turned those classified records over to the FBI. The Justice Department’s National Security Division and the FBI have launched a review of the documents and how they ended up in Pence’s house. Pence asked his lawyer to conduct the search of his home out of an abundance of caution, and the attorney began going through four boxes, finding a small number of documents with classified markings.

Cyberthieves Jacked a U.S. Senator’s Campaign and Stole Hundreds of Thousands of Dollars
MSN – Dave Levinthal (Raw Story) | Published: 1/23/2023

Cyberthieves stole hundreds of thousands of dollars from the campaign committee of U.S. Sen. Jerry Moran and the FBI is investigating. It is the latest in a series of thefts from the political accounts of prominent politicians, party committees, trade associations, and advocacy groups representing all points across the political spectrum. Together, the money lost early in this decade has soared into the millions of dollars.

Dark Money Group Linked to Leonard Leo Is Dissolved
MSN – Heidi Przybyla (Politico) | Published: 1/20/2023

A “dark money” group tied to conservative judicial activist Leonard Leo was dissolved three days after Politico inquired about whether it helped to facilitate the multi-million-dollar sale of former White House senior adviser Kellyanne Conway’s polling company. The BH Fund, which was formed in 2016 with an anonymous $24 million donation, has been a nerve center for distributing millions of dollars around Leo’s network of groups bolstering former President Trump’s Supreme Court picks.

Four Oath Keepers Convicted of Jan. 6 Seditious Conspiracy
Associated Press News – Michael Kunzelman and Alanna Durkin Richer | Published: 1/24/2023

Four members of the Oath Keepers were convicted of seditious conspiracy in the attack on the Capitol in the second major trial of far-right extremists accused of plotting to forcibly keep Donald Trump in power. It is another major victory for the Justice Department, which is also trying to secure sedition convictions against the former leader of the Proud Boys and four associates. It was one of the most serious cases brought so far in the sweeping January 6 investigation which continues to grow two years after the insurrection.

Judge Sanctions Trump, Habba Nearly $1 Million for ‘Completely Frivolous’ Clinton Suit
MSN – Kyle Cheney and Josh Gerstein (Politico) | Published: 1/20/2023

A federal judge ordered nearly $1 million in sanctions against Donald Trump and his attorney Alina Habba, calling the former president a “mastermind of strategic abuse of the judicial process.” U.S. District Court Judge Donald Middlebrooks said Trump’s sprawling lawsuit against Hillary Clinton and dozens of former Justice Department and FBI officials was an almost cartoonish abuse of the legal system. Trump continues to face peril in advancing criminal probes and civil lawsuits related to his effort to overturn the 2020 election and his retention of sensitive national security records at his Mar-a-Lago estate after leaving office.

Justice Dept. Search of Biden Home in Wilmington Turns Up More Documents
MSN – Matt Viser and Tyler Pager (Washington Post) | Published: 1/21/2023

The Justice Department completed an extensive search of President Biden’s home in Wilmington and turned up additional classified documents, some of which date to his time in the U.S. Senate and others from his eight-year tenure as vice president. After being given full access to Biden’s home, the Justice Department took possession of six items. The department also took some of Biden’s handwritten notes from his vice-presidential years to further review them.

Lobbying Gold Rush May Persist Despite Divided Congress
Yahoo News – Karl Evers-Hillstrom (The Hill) | Published: 1/23/2023

K Street lobbying firms expect a historic earnings boom to continue, even as a divided Congress threatens to slow legislation to a crawl. The top firms reported massive earnings for the final three months of 2022, capping off a record-breaking year for K Street. The strong fourth-quarter performance, which defied election season norms, boosted hopes that corporations will continue to spend big on lobbyists in the new year.

Meta to Reinstate Donald Trump’s Facebook Account
MSN – Rebecca Kern (Politico) | Published: 1/25/2023

Meta will lift the ban on Donald Trump’s Facebook and Instagram accounts after a suspension that lasted more than two years. The decision restores the former president’s access to a platform that he used to powerful effect as a campaigner and could potentially boost his faltering 2024 fundraising. But a Trump return could also lead to more election misinformation on the platform, Democrats warn, since Facebook has a policy of not fact-checking candidates. The company said Trump will have to abide by new rules if he decides to post again, but ultimately decided to reinstate him because the public deserves to hear from politicians.

Mystery Deepens Around George Santos’s $700,000 in Campaign Loans
Seattle Times – Michael Gold and Nicholas Fandos (New York Times) | Published: 1/24/2023

An updated campaign finance report raised new questions about the source of six-figure loans that U.S. Rep. George Santos gave his congressional campaign. In previous filings, the Santos campaign has reported he lent his own campaign more than $700,000. But in an update to a report originally filed in April 2022, the campaign unmarked a box that had originally indicated $500,000 of those loans came from Santos’s own personal funds. Experts said they were struggling to interpret the change, especially because in filings from later in 2022, the box marking “personal funds of the candidate” remains checked.

Students Want New Books. Thanks to Restrictions, Librarians Can’t Buy Them.
MSN – Hannah Natanson (Washington Post) | Published: 1/22/2023

States and school districts nationwide have begun to constrain what librarians can order. At least 10 states have passed laws giving parents more power over which books appear in libraries or limiting students’ access to books. At the same time, school districts are passing policies that bar certain kinds of texts – most often, those focused on issues of gender and sexuality – while increasing administrative or parental oversight of acquisitions. School librarians said in the past they had wide latitude to choose the books they thought would best supplement the curriculum and stimulate students’ literary appetites.

Supreme Court Asks Biden Administration to Weigh in on Social Media Case
MSN – Robert Barnes and Cat Zakrzewski (Washington Post) | Published: 1/23/2023

The U.S. Supreme Court asked the Biden administration to weigh in on whether states may bar giant social media platforms from removing certain types of political speech, a major First Amendment case that could determine how the constitutional right to free speech applies to the marketplace of ideas on the internet. At stake is the constitutionality of state laws in Florida and Texas that would restrict platforms such as Facebook, Twitter, and YouTube from blocking or limiting political speech, and require transparency in how such decisions are made.

Supreme Court Says It Can’t Determine Who Leaked Draft Dobbs Opinion
MSN – Robert Barnes and Ann Marimow (Washington Post) | Published: 1/19/2023

The U.S. Supreme Court said it cannot identify the person who in the spring leaked a draft of the opinion that overturned Roe v. Wade, an inconclusive likely finale to what the justices declared “one of the worst breaches of trust” in the court’s history. Although the report did not indicate it was against the law to disclose the draft opinion, those interviewed were told they could be fired if they refused to answer or did not truthfully respond to questions. The report did not indicate clearly whether the justices themselves or others close to them were questioned.

US: Ex-FBI counterintelligence agent aided Russian oligarch
MSN – Michael Sisak and Eric Tucker (Associated Press) | Published: 1/23/2023

A former high-ranking FBI counterintelligence official who investigated Russian oligarchs was indicted on charges he secretly worked for one, in violation of U.S. sanctions. The official was also charged in a separate indictment with taking cash from a former foreign security officer. Charles McGonigal, the special agent in charge of the FBI’s counterintelligence division in New York from 2016 to 2018, is accused in an indictment of working with a former Soviet diplomat-turned-Russian interpreter on behalf of Oleg Deripaska, a Russian billionaire they purportedly referred to in code as “the big guy” and “the client.”

From the States and Municipalities

Arizona – Voter Fraud Unit in Arizona Will Shift Focus to Voter Rights
Las Vegas Sun – Neil Vigdor (New York Times) | Published: 1/23/2023

Arizona’s new Democratic attorney general, Kris Mayes, is redirecting an election integrity unit her Republican predecessor created, focusing its work instead on addressing voter suppression. The unit’s former leader, Jennifer Wright, meanwhile, has joined a legal effort to invalidate Mayes’s narrow victory in the November election. Former Attorney General Mark Brnovich, a Republican who ran unsuccessfully for the U.S. Senate last year, created the office to investigate voter fraud complaints in Arizona, a battleground state.

California – Ex-State Democratic Party Leader Who Helped FBI in Anaheim Probe Agrees to Plead Guilty to Wire Fraud
MSN – Hannah Fry and Gabriel San Román (Los Angeles Times) | Published: 1/19/2023

A California Democratic Party leader who was central to a wide-reaching corruption investigation in Anaheim involving the proposed sale of Angel Stadium agreed to plead guilty to attempted wire fraud. Melahat Rafiei was a well-known political consultant in Orange County. In late 2019, according to a plea agreement, Rafiei told a commercial cannabis company owner she would work to pass a marijuana related ordinance in Anaheim that would benefit the business in exchange for a payment of at least $300,000.

California – Former L.A. Councilmember Jose Huizar Pleads Guilty in Corruption Case
MSN – Michael Finnegan and David Zahniser (Los Angeles Times) | Published: 1/19/2023

Former Los Angeles City Councilperson José Huizar pleaded guilty to two federal charges stemming from a bribery and money laundering scheme in which he took more than $1.5 million in cash, gambling trips, and escorts in exchange for his support of a planned hotel project. Prosecutors said they will request a 13-year prison term. Huizar will also pay restitution of about $1.85 million. The plea deal came after developers were convicted of bribing Huizar and an array of other players at City Hall pleaded guilty to felonies.

Florida – Florida Blocks High School African American Studies Class
Yahoo News – Anthony Izaguirre (Associated Press) | Published: 1/19/2023

Florida Gov. Ron DeSantis’s administration blocked a new Advanced Placement course on African American studies from being taught in high schools, saying it violates state law and is historically inaccurate. DeSantis has opposed what he calls liberal ideologies in schools, including lessons around critical race theory, which examines systemic racism and has become a frequent target of conservatives.

Florida – ‘This Is Not Over.’ Judge Says DeSantis Was Wrong, but Declines to Restore Andrew Warren to Office
MSN – Dan Sullivan and Sue Carlton (Tampa Bay Times) | Published: 1/20/2023

Despite concluding Gov. Ron DeSantis violated the Florida Constitution and the First Amendment last year when he suspended Hillsborough State Attorney Andrew Warren, a federal judge ruled he did not have the power to restore Warren to office. U.S. District Court Judge Robert Hinkle found DeSantis suspended Warren based on the allegation that the state attorney had blanket policies not to prosecute certain kinds of cases. Yet Hinkle concluded the U.S. Constitution prohibits a federal court from awarding the kind of relief Warren seeks – namely, to be restored to office.

Georgia – Fulton County DA Says Charging Decisions in Trump Investigation Are ‘Imminent’
MSN – Holly Bailey (Washington Post) | Published: 1/24/2023

An Atlanta-area district attorney investigating whether former President Trump and his allies broke the law when they sought to overturn Trump’s 2020 election loss in Georgia said charging “decisions are imminent.” Fulton County District Attorney Fani Willis told a judge that a special grand jury report into the matter should remain sealed to protect the ongoing criminal investigation and the rights of potential “defendants” in the case. Willis’s comments came during a hearing on whether to release the final report of the special grand jury, which was formally dissolved after a roughly eight-month investigation into alleged 2020 election interference.

Idaho – Idaho Legislature Introduces Bill Creating Waiting Period Before Officials Can Become Lobbyists
Idaho Capital Sun – Clark Corbin | Published: 1/23/2023

Legislation in Idaho would prohibit lawmakers, executive branch employees, and other elected officials from registering as a lobbyist or lobbying during the next regular legislative session and for at least six months after leaving office. Although it had bipartisan support and similar “revolving door” provisions are common in most other states, the House State Affairs Committee had a tricky time with the bill.

Illinois – Ethics Board Sends Lightfoot Campaign Complaints to Watchdogs
MSN – A.D. Quig (Chicago Tribune) | Published: 1/23/2023

The Chicago Board of Ethics decided more thorough investigations needed to be done before rendering judgment about whether Mayor Lori Lightfoot’s campaign violated city ethics rules when it solicited public school teachers to encourage students to help her reelection efforts. The board tasked the inspectors general for both City Hall and Chicago Public Schools to conduct investigations into the matter.

Illinois – Former Cook County Board of Review Employee Sentenced to 3 Months in Prison for Taking Bribes to Fix Tax Appeals
MSN – Adriana Pérez (Chicago Tribune) | Published: 1/24/2023

A former employee of the Cook County Board of Review was sentenced to three months in prison and at least one year of probation for taking bribes to fix tax appeals on more than two dozen properties. Unbeknownst to Barjaktarevic, an individual named in documents as “CS-1” was a confidential source operating at the direction of the FBI. Barjaktarevic told the source he would accept $2,000 to lower assessments for each commercial property, while he would charge $1,000 for each residential property, for a total cost of $43,000.

Illinois – Swept Into Office by Promises of Reform, Lightfoot Faces New Scrutiny on Ethics Record
WTTW – Heather Cherone | Published: 1/18/2023

Lori Lightfoot won every ward in her first bid for mayor after her campaign was fueled by promises that she alone could end the notion that placing Chicago government and integrity in the same sentence is an oxymoron at best, or a joke at worst. Lightfoot’s campaign for a second term has been weighed down by a growing amount of evidence that she has at times governed more like an old-school machine politician than a reformer. Lightfoot has said her administration has made strides in pushing back against corruption.

Maine – House Speaker Calls on Waldoboro Lawmaker to Resign After He Was Indicted for Signature Fraud
Maine Public Radio – Steve Mistler | Published: 1/24/2023

A newly elected member of the Maine House of Representatives was indicted for allegedly forging multiple signatures to obtain public funds through the state’s public campaign finance system. Rep. Clinton Collamore is accused of forging the signatures of more than two dozen people to receive financing for his successful legislative campaign through the Clean Election Act. According to the state’s ethics commission, he received more than $14,000 through the program.

Massachusetts – E-mails Appear to Show Coordination Between Mass. GOP Chairman and Outside PAC, in Alleged Violation of State Law
MSN – Emma Platoff (Boston Globe) | Published: 1/18/2023

Embattled Massachusetts Republican Party Chairperson Jim Lyons appears to have communicated directly with an outside PAC about digging up dirt on Gov. Maura Healey during last year’s election, according to emails. The emails follow accusations levied by the state GOP’s treasurer, who told party officials he believed the coordination between Lyons and the PAC violated state campaign finance laws and he would report the matter to state regulators. The treasurer, Pat Crowley, has previously clashed with Lyons over party finances.

Michigan – Who Funded Michigan Campaigns? For Nearly Every Legislator, It Wasn’t the Folks They Ran to Represent.
MLive – Simon Schuster | Published: 1/24/2023

When new district maps were finalized at the end of 2021, many incumbent state legislators and first-time candidates pivoted to appealing for votes from new communities they had not reached out to in the past. But did lawmakers rely on the people they hoped to represent to fund their campaigns? According to a new analysis of campaign finance records, the answer is largely no. PACs remain the dominant force in legislative fundraising, and their financial footprint has grown significantly over the last decade. PACs can donate 10 times as much as individuals, and many incumbent legislators create PACs as a means of wielding influence with their colleagues.

Minnesota – Why Some Want to Make Public Spending on Political Campaigns in Minnesota Less Like Menards Rebates
MSN – Peter Callaghan (MinnPost) | Published: 1/24/2023

In Minnesota, individuals can donate to politicians using tax dollars, but only a small percentage of residents use the system. The process is awkward. People contribute $50 and get a receipt. Then they must fill out a form, mail it in or file on a government website, and wait for two state agencies to verify their eligibility. Then they get a reimbursement check. Supporters of a new bill want to simplify the system and increase usage with “Democracy Dollars,” a program pioneered in Seattle.

Nebraska – Watchdog Group Says State Capitol Bible Study Leader Should Register as Lobbyist
Nebraska Examiner – Paul Hammel | Published: 1/20/2023

Arin Hess, the chaplain and president of Capitol Studies, holds Bible study sessions for Nebraska lawmakers and staff members during the legislative session. While Hess says he is merely maintaining a four-decade-long tradition of “serving civil servants with Scripture” at the Capitol, some watchdogs, along with at least one state senator, contend what happens at those studies amounts to lobbying and Hess should register as one. Common Cause Nebraska said his teachings have led to the introduction of bills and his work fits the definition of a lobbyist.

Nevada – Nevada’s New Governor Vilified Lobbyist’s Influence in COVID Lab Scandal, Then Asked Him to Help with Budget
ProPublica – Anjeanette Damon (Nevada Independent) | Published: 1/25/2023

During his contentious campaign to become Nevada governor, Joe Lombardo accused the Democratic incumbent of catering to the family of a donor and their lobbyist who helped an error-prone COVID-19 testing lab get licensed in the state. Shortly after he won the race, Lombardo turned to that same lobbyist for help in building the state budget, giving him access to confidential documents and putting him in a position that allowed him to advocate for state funding sought by his clients. Lobbyist Mike Willden’s name does not appear on the list of people Lombardo appointed to his transition team.

New Mexico – Proposal Aims to Keep Legislators from Drinking While on the Job
Albuquerque Journal – Dan McKay | Published: 1/23/2023

For some New Mexico legislators, drinking is part of the Capitol culture. At least a few have been known to keep alcohol in their offices. And it is common for lawmakers to head to dinner before a late-night floor session at restaurants serving alcohol. But Sen. Harold Pope Jr. said he has seen enough. The first-term legislator is proposing a Senate rule that would prohibit members of the chamber from drinking alcohol before committee meetings or floor sessions. They could not drink during the meetings either.

New York – City Council Passes New Disclosure Requirements for Spending to Influence Votes on Ballot Referendums
Gotham Gazette – Ethan Geringer-Sameth | Published: 1/18/2023

The New York City Council passed legislation that requires entities spending to influence voters in local referendums to disclose their funders. The bill would close a loophole in the city’s campaign finance law that watchdogs have decried for years. If signed by the mayor, independent expenditures of $5,000 or more would be subject to disclosure. It also requires ads for or against ballot questions to include a “paid for by” notice, including the names of up to three of its top donors

New York – Email Describes Hochul Meeting Before $637 Million Deal with Donor for Covid-19 Tests
Buffalo News – Chris Bragg | Published: 1/23/2023

New York Gov. Kathy Hochul’s administration used emergency authority to buy $637 million in coronavirus tests through a company owned by a major Hochul campaign donor. Hochul and her allies have insisted the governor did not have any direct involvement in the deal. The governor said her “only involvement” was directing her team to purchase as many tests as possible from any available sources. But an email from the company’s owner, Charlie Tebele, suggested he may have directly discussed Covid-19 tests with Hochul at a campaign fundraiser Tebele had thrown for the governor.

New York – Trump Withdraws Second Lawsuit Against New York Attorney General
MSN – John Wagner (Washington Post) | Published: 1/24/2023

Donald Trump withdrew a second lawsuit against New York Attorney General Letitia James related to her office’s fraud probe of his business practices. No reason was given for the withdrawal. Trump first filed the lawsuit in federal court in Syracuse, claiming James was violating his rights and that of his company by pursuing a politically motivated investigation. After a judge in May found “no evidence” James had acted with bias, Trump appealed the ruling. The withdrawal of the appeal was the second time in five days that Trump had abandoned litigation against James, who is pursuing a $250 million against Trump.

Ohio – ‘Clear as Mud’: Ohio’s new voting restrictions from GOP raise alarm
MSN – Meryl Kornfield (Washington Post) | Published: 1/19/2023

Weeks after a Republican-backed voting law significantly reshaped Ohio’s election procedure, local officials, advocates, and voters are still making sense of the changes and how the alterations could restrict who might cast ballots in 2024. Legal challenges of the law could further complicate the situation: A federal lawsuit brought against Ohio Secretary of State Frank LaRose by groups representing the homeless, teachers, seniors, and veterans argues the restrictions are unconstitutional and suppress votes.

Ohio – Ohio’s Historic Corruption Case Tests Limits of Citizens United
Bloomberg Law – Alex Ebert | Published: 1/20/2023

Former House Speaker Larry Householder and ex-Ohio Republican Party Chairperson Matt Borges are on trial in what federal prosecutors have called the largest corruption case in the state’s history. Prosecutors allege Householder, Borges, and consultants Jeffrey Longstreth, Neil Clark, and Juan Cespedes accepted millions of dollars in “dark money” from FirstEnergy to pass legislation that included a $1 billion bailout for the utility’s nuclear power plants. The defense maintains the arrangement was politics as usual and protected by the U.S. Supreme Court in its Citizens United v. FEC decision and other precedent.

Pennsylvania – Refusal to Release Inaugural Donors Exposes Gap in Pa. Law
MSN – Marc Levy (Associated Press) | Published: 1/23/2023

Pennsylvania Gov. Josh Shapiro’s refusal to disclose who paid for his inaugural bash exposed the gap in state law that lets governors escape the kind of transparency that is sometimes required elsewhere. Presidential inaugural committees are required by federal law to disclose donors who give over $200 to inaugural celebrations. States like Virginia, Maryland, and New Jersey have such laws, as do cities including New York and Philadelphia, where city officials also cap the amount that an individual donor can give to an inauguration. Many other states have no such disclosure laws.

Pennsylvania – Shapiro Bars Gifts from Lobbyists, Requires Ethics Training
Pittsburgh Post-Gazette – Capitolwire | Published: 1/20/2023

Pennsylvania Gov. Josh Shapiro signed an executive order barring staff under his jurisdiction from accepting gifts from lobbyists and requiring state officials to sign an ethics pledge and complete ethics training. Eric Fillman, chief counsel for the House Ethics Committee who will lead the ethics training, said the new gift ban is intended to provide a degree of reasonableness that will ensure lobbyists cannot use gifts to gain undue influence while at the same time ensuring state officials can accept modest gifts from members of the community.

Virginia – Campaign Finance Reform Advocates Put Pressure on Virginia General Assembly
OpenSecrets – Jimmy Clothier | Published: 1/25/2023

A coalition of grassroots organizations gathered at the Virginia General Assembly to urge state lawmakers to pass campaign finance reform. While lawmakers have already rejected some proposals, multiple bills that failed in prior legislative sessions advanced out of committee. Others are up for consideration in the coming days. Virginia’s laws governing political spending are among the least restrictive in the country, with virtually no limits on the amount of money state politicians can accept from donors, as well as loopholes that allow for the personal use of campaign funds.

Wisconsin – 2023’s Biggest, Most Unusual Race Centers on Abortion and Democracy
DNyuz – Reid Epstein (New York Times) | Published: 1/25/2023

Wisconsin will hold an election that carries bigger policy stakes than any other contest in 2023. The April race for a seat on the state’s evenly divided Supreme Court will determine the fate of abortion rights, gerrymandered legislative maps, and the governor’s appointment powers – and perhaps even the state’s 2024 presidential election if the outcome is again contested. The contest will almost certainly shatter spending records for a judicial election in any state. The seat is nonpartisan in name only. Indeed, the clash for the court is striking because of how nakedly political it is.

Wyoming – Bill Would Prohibit Former Legislators from Immediately Becoming Lobbyists with 2-Year Wait Period
Cowboy State Daily – Leo Wolfson | Published: 1/23/2023

The Wyoming Legislature is considering a bill that would prevent former state lawmakers from serving as lobbyists within two years after leaving elected office. Under House Bill 146, those who violate the waiting period could face up to $5,000 in fines. Rep. Scott Smith, who sponsored the bill, said his attention was drawn to the issue when he learned his opponent in last summer’s Republican primary, former Rep. Shelly Duncan, had become a lobbyist. Until Smith was sworn in this year, Duncan was the House District 5 representative.

January 26, 2023 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance National: “Mystery Deepens Around George Santos’s $700,000 in Campaign Loans” by Michael Gold and Nicholas Fandos (New York Times) for Seattle Times Maine: “House Speaker Calls on Waldoboro Lawmaker to Resign After He Was Indicted for Signature Fraud” […]

January 20, 2023 • Written by Jim Sedor

News You Can Use Digest – January 20, 2023

National/Federal Billions at Stake as Online Fundraising Practices Turn Off Voters MSN – Jessica Piper (Politico) | Published: 1/17/2023 Llyod Cotler, the founder of Banter Messaging, advises friends and family to write a check if they want to make political contributions […]

National/Federal

Billions at Stake as Online Fundraising Practices Turn Off Voters
MSN – Jessica Piper (Politico) | Published: 1/17/2023

Llyod Cotler, the founder of Banter Messaging, advises friends and family to write a check if they want to make political contributions and avoid online giving, lest their emails and phone numbers end up on lists that recirculate through the campaign world for eternity. That advice reflects a recognition among digital campaign staff that text and email programs have gone from innovative to out of hand, to the point that it is harming the campaign ecosystem. The rate of return on individual appeals is falling compared to a few years ago, as candidates and outside groups find themselves targeting the same pool of donors.

FEC Dismisses GOP Complaint Over Gmail Spam Filter
MSN – Isaac Stanley-Becker (Washington Post) | Published: 1/17/2023

The FEC dismissed a complaint brought by Republican campaign groups arguing that Gmail spam filters disproportionately flagged GOP fundraising emails in a way that amounted to a prohibited in-kind contribution to Democrats. Google’s spam technology ignited a controversy last year, as GOP groups blamed the technology for a dip in fundraising.

Free Speech or Out of Order? As Meetings Grow Wild, Officials Try to Tame Public Comment.
MSN – Karin Brulliard (Washington Post) | Published: 1/17/2023

Across a polarized nation, governing bodies are restricting – and sometimes even halting – public comment to counter what elected officials describe as an unprecedented level of invective, misinformation, and disorder from citizens when they step to the microphone. As contentious social issues roil once-sleepy town council and school board gatherings, some officials say allowing people to have their say is poisoning meetings and thwarting the ability to get business done.

Garland Appoints Special Counsel to Review Biden Documents
Yahoo News – Kyle Cheney, Josh Gerstein, and Kelly Hooper (Politico) | Published: 1/12/2023

Attorney General Merrick Garland appointed a special counsel, former U.S. attorney Robert Hur, to review the storage of sensitive documents discovered in spaces used by President Biden during the years preceding his return to the White House. Garland’s decision to place the probe under supervision of a special counsel ratchets up the legal stakes for Biden, who has stressed he takes the matter seriously while saying he was surprised to learn about the existence of the documents.

George Santos Pocketed $3,000 in Donations for Dying Dog, Veteran Alleges
MSN – Timothy Bella (Washington Post) | Published: 1/18/2023

U.S. Rep. George Santos is accused of pocketing $3,000 from a GoFundMe page he set up for a homeless veteran to help pay for surgery for the man’s dying service dog. After he realized he could not afford the thousands of dollars needed for the surgery, a veterinarian tech recommended U.S. Navy veteran Richard Osthoff get in touch with a man named Anthony Devolder, who ran a pet charity that could help his dog. Anthony Devolder was one of the aliases used by Santos before he lied about much of his biography to win a seat in the House.

GOP Congressman Linked to Jan. 6 Probe Assigned to House Committee Investigating Biden
MSN – Amy Wang and Azi Paybarah (Washington Post) | Published: 1/18/2023

U.S. Rep. Scott Perry’s efforts to overturn the results of the 2020 presidential election in favor of Donald Trump attracted the attention of the Department of Justice, which seized Perry’s cellphone as part of its investigation into the events leading up to the insurrection, when a pro-Trump mob overran the U.S. Capitol seeking to stop the certification of Joe Biden’s victory. That did not prevent Perry from being named to the powerful House Oversight and Accountability Committee, along with several other of Trump’s most controversial allies.

How Restaurant Workers Help Pay for Lobbying to Keep Their Wages Low
Yahoo News – David Fahrenthold and Talmon Joseph Smith (New York Times) | Published: 1/17/2023

Before starting a new job, many cooks, waiters, and bartenders pay $15 to a company called ServSafe for an online class in food safety. ServSafe doubles as a fundraising arm of the National Restaurant Association, the largest lobbying group for the food-service industry. The association has spent decades fighting increases to the minimum wage at the federal and state levels, as well as the subminimum wage paid to tipped workers. For years, the restaurant association and its affiliates have used ServSafe to create an arrangement with few parallels in Washington, where labor unwittingly helps to pay for management’s lobbying.

Statehouse Democrats Embrace an Unfamiliar Reality: Full power
Yahoo News – Mitch Smith (New York Times) | Published: 1/18/2023

Democrats will have control of the governorship and both legislative chambers in 17 states. That is still fewer than the 22 states where Republicans have full control, but it is a major comeback from a lost decade for state-level Democrats, who as recently as 2017 had sole control at only six Capitols. Slightly more people will now live in states with full Democratic control than in those with full Republican control. What remains untested, though, is whether Democrats can or will wield their newfound authority with the same unflinching force that Republicans exerted over the last decade.

Supreme Court Poised to Reconsider Key Tenets of Online Speech
DNyuz – David McCabe (New York Times) | Published: 1/19/2023

For years, giant social networks like Facebook and Twitter have operated under two crucial tenets. The first is that the platforms have the power to decide what content to keep online and what to take down, free from government oversight. The second is that the websites cannot be held legally responsible for most of what their users post online, shielding the companies from lawsuits over libelous speech, extremist content, and real-world harm linked to their platforms. Now the U.S. Supreme Court is poised to reconsider those rules.

The Speaker Vote Underscored How Money Is So Central to Politics Today
MSN – Tal Kopan (Boston Globe) | Published: 1/16/2023

Money is a regular part of leadership battles in Congress, where fundraising prowess is practically a job requirement, and there have long been debates about whether dedicated congressional campaign committees should spend to protect incumbent lawmakers from upstart challengers. But the deals cut during the vote for House speaker involved entities that legally are supposed to be separate from specific candidates and parties, specifically the Congressional Leadership Fund and a PAC related to Club for Growth.

Two States Still Observe King-Lee Day, Honoring Robert E. Lee with MLK
MSN – Meena Venkataramanan (Washington Post) | Published: 1/16/2023

As the country celebrated Martin Luther King Jr. Day on January 16, two states observed a different holiday: King-Lee Day, which commemorates both King and Confederate general Robert E. Lee. Mississippi and Alabama mark King-Lee Day as a state holiday. Texas still celebrates Confederate Heroes Day on Lee’s actual birthday, January 19, and its state employees can take a paid holiday on both days. For many Black Southerners, these holidays are part of a broader effort to glorify the Confederacy, 158 years after its secessionist war effort went down in defeat.

What the Jan. 6 Probe Found Out About Social Media, But Didn’t Report
MSN – Cat Zakrzewski, Cristiano Lima, and Drew Harwell (Washington Post) | Published: 1/17/2023

The January 6 committee spent months gathering new details on how social media companies failed to address the online extremism and calls for violence that preceded the Capitol riot. The evidence they collected was written up in a 122-page memo that was circulated among the panel. But committee leaders declined to delve into those topics in detail in their final report, reluctant to dig into the roots of domestic extremism taking hold in the Republican Party beyond Donald Trump and concerned about the risks of a public battle with powerful tech companies.

From the States and Municipalities

Arizona – Where Did Arizona Gov. Hobbs’ Inaugural Funds Come From?
KAWC – Howard Fischer (Capitol Media Services) | Published: 1/15/2023

Arizona Gov. Katie Hobbs has been under pressure to release information on the sources of funds for the inaugural event since it was reported she was not fully disclosing the names of all the individuals or corporations paying for the celebration. She subsequently put a full list of the names in a booklet that was given out at the event and listed them on an inaugural web site. Now there is a report from the administration giving a full accounting of how much each has donated.

Arkansas – Former Legislator Wilkins Sentenced to a Year and a Day on Bribery Plea
Arkansas Democrat-Gazette – Dale Ellis | Published: 1/18/2023

Former Arkansas Sen. Henry Wilkins was sentenced to a year and a day in prison and ordered to pay $123,000 in restitution after pleading guilty to bribery. Wilkins was involved in a scheme that brought down a number of state legislators as well as executives of a nonprofit that provided Medicaid-funded counseling services to troubled youth and adults in Arkansas.

California – Deal or No Deal? A Corruption Case Spins Out of Control with a Judge’s Last-Minute Change of Heart
Los Angeles Times – Richard Winton | Published: 1/13/2023

For more than a decade, tax consultant Ramin Salari fought charges that he had bribed former Los Angeles County Assessor John Noguez in a “pay-for-play” conspiracy. Then Salari reversed course, agreeing to a deal with prosecutors that called for him to plead guilty to a single charge and pay more than $9 million in penalties in exchange for a sentence that spared him from time in prison. But things did not go according to plan. In weighing whether to approve the deal, Los Angeles County Superior Court Judge Stephen Marcus refused, then relented, then refused again – throwing the long-running case against Salari, Noguez, and others into chaos.

California – Ex-San Jose Mayor’s Public Records Reforms Spark Alarm
San Jose Spotlight – Tran Nguyen | Published: 1/15/2023

In one of his last actions in office, former San Jose Mayor Sam Liccardo wants to reform how the city complies with transparency laws, a move experts say could limit the public’s access to the inner workings of City Hall. Liccardo, whose legacy as a council member and mayor is plagued by transparency-related lawsuits and violations, is calling for revising the city’s process for responding to public records requests, citing the need to cut down costs, reduce delays, and avoid errors. He also wants to explore changes to the city’s document retention policies.

Connecticut – They Make Money Videotaping Officials. Why and How Some CT Leaders Want to Stop Them
Middletown Press – Sandra Diamond Fox | Published: 1/16/2023

Public officials in Connecticut are considering ways to react legislatively to a growing group of people who consider themselves First Amendment rights activists and make money by creating YouTube videos of themselves walking into Town Halls and other public offices unannounced and taping them. While the YouTubers say they are defending the Constitutional rights of all and performing a service that helps the community, many officials and employees say the activists’ actions disrupt their workplaces. In local incidents, police have been called and sometimes officials or the YouTubers get arrested or into other legal trouble.

Florida – DeSantis Inauguration Sponsored by Companies He Loves to Bash
MSN – Isaac Arnsdorf (Washington Post) | Published: 1/18/2023

Florida Gov. Ron DeSantis has built his national profile, and possibly a future presidential run, on challenging major companies on controversial social issues. But some of those same companies and their lobbyists bankrolled his recent inaugural festivities. The donations underscore how DeSantis maintains corporate ties even while he works to burnish his image as taking on “woke” corporations.

Hawaii – Honolulu Permitting Inspector OK’d His Own Company’s Projects
Honolulu Civil Beat – Christina Jedra | Published: 1/18/2023

An inspector in the Honolulu Department of Planning and Permitting (DPP) has been running an electrical company on the side for over a decade and has inspected and approved more than a dozen of his own projects, public records show. Arthur Suverkropp, a supervising electrical inspector, is also the head of K&A Electric. The company has applied for some 350 permits from DPP since 2007. Dawn Takeuchi Apuna, DPP’s director designate, said the department was unaware of the situation until The Honolulu Civil Beat contacted the office for comment.

Illinois – ACLU of Illinois Says Lightfoot Campaign Emails to Chicago Teachers May Violate Federal Law; CPS Inspector General Opens Investigation
WTTW – Heather Cherone | Published: 1/12/2023

The decision by Mayor Lori Lightfoot’s reelection campaign to send emails to Chicago Public Schools (CPS) teachers asking them to encourage their students to earn class credit by volunteering to help Lightfoot win a second term as mayor may have violated federal law, according to the American Civil Liberties Union of Illinois. The emails have also prompted responses from the Chicago Board of Ethics and the city’s inspector general and the CPS inspector general.

Maryland – Former Delegate Pleads Guilty to Misconduct in Office for Misusing State Funds to Pay for Middle River Cottage
Maryland Matters – William Zorzi | Published: 1/13/2023

Former Maryland Del. Richard Impallaria pleaded guilty to one count of misconduct in office and agreed to pay the state $44,100 in restitution. Prosecutors said Impallaria paid his landlord with rental payments from the General Assembly for a “district office” that was outside his district and next door to a cottage he rented for personal use from the same landlord. They alleged Impallaria paid twice the rent on the “office” cottage, charging the full cost to the Legislature while rent on his personal cottage was simultaneously lowered to $0.

Maryland – Judges Can Attend Inauguration Gala for Md. Governor, Ethics Panel Rules
Maryland Daily Record – Madeleine O’Neill | Published: 1/12/2023

Judges can attend the swearing-in and inaugural festivities for Governor-elect Wes Moore as long as they follow certain guidelines, the Maryland Judicial Ethics Committee said in an opinion. Tickets to the gala can cost between $125 and $1,000, according to the event’s website. The ethics panel concluded it was permissible for judges to attend the event because tickets were available to all members of the public.

Massachusetts – Mass. GOP Chairman May Have Violated Campaign Finance Law, Party Treasurer Alleges, in Escalating Woes for State Republican Party
MSN – Emma Platoff (Boston Globe) | Published: 1/12/2023

Chairperson Jim Lyons seems to have coordinated with an independent PAC in apparent violation of campaign finance law, the state party treasurer told regulators. Treasurer Pat Crowley believes Lyons improperly coordinated with an outside spending group, the Mass Freedom Independent Expenditure Political Action Committee, in engaging an opposition research firm to dig up dirt on Gov. Maura Healey during last year’s race. The prospect of possible violations is the latest in a string of legal and financial challenges for the struggling state GOP.

Missouri – Missouri State Lawmakers Revise Their Dress Code for Women
Yahoo News – Eduardo Medina (New York Times) | Published: 1/16/2023

The Missouri House revised its dress code for female legislators and staff members, requiring them to wear a jacket, such as a blazer or a cardigan, and setting off a debate about policing the fashion choices of women. The updated code drew criticism from some Democratic lawmakers, who described the Republican-backed effort as sexist and pointless. Supporters said it was a small tweak that would help ensure professionalism inside the chamber.

Nebraska – Veteran Head of Political Accountability Commission to Retire in August
Nebraska Examiner – Paul Hammel | Published: 1/12/2023

Frank Daley Jr., who has been executive director of the Nebraska Political Accountability and Disclosure Commission since 1999, announced he will retire in August. Daley called his job “fascinating” but said he will be 69 by August and felt it was time to “look at something else.” Daley served as legal counsel for the commission prior to taking the executive director’s job. He is the fifth person to hold the job.

New Mexico – Election-Fraud Conspiracies Behind Plot to Shoot at New Mexico Democrats’ Homes, Police Say
MSN – Amy Gardner and Dan Rosenzweig-Ziff (Washington Post) | Published: 1/17/2023

The arrest of a defeated candidate for the New Mexico Legislature on charges he orchestrated a plot to shoot up the homes of four Democratic officials in Albuquerque prompted widespread condemnation as well as accusations that the stolen-election rhetoric among supporters of former President Trump continues to incite violence. Albuquerque police said Solomon Peña, who lost a state House race in November by a nearly two-to-one margin but complained his defeat was rigged, hatched the plot. Police accused him of conspiring with four accomplices to drive past the officials’ homes and fire at them.

New York – NYC Council Bills Could Slow ‘Revolving Door’ Between City Hall and Lobbying Agencies
Gothamist – Brigid Bergin | Published: 1/18/2023

A new legislative package would make it harder for high-ranking New York City officials to cash in on lucrative lobbying jobs as soon as they leave public service. The two bills in the city council would increase the length of time and scope of lobbying restrictions that apply to certain former municipal employees and local elected officials. Currently, top former city officials like deputy mayors and commissioners face a two-year ban from lobbying and appearing before their former agency or branch of government.

Ohio – How Dark Money Groups Led Ohio to Redefine Gas as ‘Green Energy’
MSN – Maxine Joselow (Washington Post) | Published: 1/17/2023

Ohio Gov. Mike DeWine recently signed legislation that legally redefines natural gas as “green energy.” Natural gas is a fossil fuel and a significant cause of climate change. The Empowerment Alliance, a “dark money” group with ties to the gas industry helped Ohio lawmakers push the narrative that that the fuel is clean, documents show. The American Legislative Exchange Council, another anonymously funded group whose donors remain a mystery, assisted in the effort. The legislation took an unusual path through the Ohio Senate, where it was an amendment to a bill focused on poultry purchases.

Ohio – How Sports Betting, Nuclear Bailouts and Undercover FBI Agents Collided in Ohio’s Historic Public Corruption Scandal
MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 1/15/2023

In 2019, two FBI agents and an informant sat for a meeting in the office of a lobbyist who they suspected was a crook. The gathering was organized to discuss influencing sports betting legislation in Ohio. But the conversation turned to Larry Householder, at the time the speaker of the state House. Householder will face trial soon in a public corruption case prosecutors have described as the largest in state history. In a case bogged down in the finer points of campaign finance and utility law, the FBI agents’ cloak and dagger approach yielded statements the government is using as express proof of a bribery scheme.

Ohio – Military Families Frustrated as States Change Mail Ballot Timelines
Yahoo News – Julie Carr Smyth and Gary Fields (Associated Press) | Published: 1/15/2023

Ohio’s new election law significantly shortens the window for mailed ballots to be receive, despite no evidence the extended timeline has led to fraud or any other problems, and that change is angering active-duty members of the military and their families because of its potential to disenfranchise them. Republican lawmakers said during debate on the bill that even if Donald Trump’s claims that late-arriving ballots played a nefarious role in his reelection loss are not true, the skepticism they have caused among conservatives about the accuracy of election results justifies imposing new limits.

Ohio – Ohio House Republicans Push Ethics Reform Bill Ahead of Householder Corruption Trial
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 1/18/2023

A group of Ohio House Republicans are calling for changing state ethics law to require greater disclosure from lobbyists and utility board nominees while restricting elected officials from holding corporate board positions, among other changes. The announcement comes days before former Speaker Larry Householder is scheduled to begin his trial on federal corruption charges. Bill supporters said the timing was somewhat coincidental.

Oklahoma – Campaign Watchdog Sees Evidence of Abuses but Lacks the Funding to Prosecute
Yahoo News – Ben Felder (Oklahoman) | Published: 1/13/2023

The Legislature has not given the Oklahoma Ethics Commission the money needed to prosecute cases of campaign finance law violations, said Ashley Kemp, the commission’s executive director. The ethics agency can seek civil penalties in District Court but taking a case to trial can be costly. Just one trial case can cost one-third of the agency’s budget, Kemp said.

Oregon – Shemia Fagan and Her Elections Director Disagreed About Disclosing Campaign Finance Violations. Here They Are.
Willamette Week – Nigel Jaquiss | Published: 1/18/2023

Oregon Secretary of State Shemia Fagan and the elections director she forced out last year, Deborah Scroggin, disagreed whether the agency should publish a website disclosing campaign finance reporting violations. The Elections Division had worked on such a website for a year only to have Fagan’s management team repeatedly reject Scroggin’s pleas to let it go live. Willamette Week has published the cases with the 12 largest fines, for more than $2,000 each.

Pennsylvania – Driven by Election Deniers, This County Recounted 2020 Votes Last Week
Yahoo News – Trip Gabriel (New York Times) | Published: 1/15/2023

Under pressure from conspiracy theorists and election deniers, 28 employees of Lycoming County on January 10, 2023, counted – by hand – nearly 60,000 ballots from the 2020 presidential contest. It took three days and an estimated 560 work hours. The results of the recount – like earlier ones of the 2020 election in Wisconsin, Georgia, and Arizona – revealed no evidence of fraud. The numbers reported more than two years ago were nearly identical to the numbers reported last week. Forrest Lehman, the county director of elections, oversaw the recount but opposed it as a needless bonfire of time, money, and common sense.

Utah – The Office of the Lt. Gov. of Utah Is Considering Punishing Gene Davis for Using Campaign Funds to Fight Allegations of Sexual Misconduct
Local Today – Emily Anderson Stern (Salt Lake City Tribune) | Published: 1/14/2023

Former Utah Sen. Gene Davis used more than $10,000 of his campaign funds to pay legal fees to challenge allegations of sexual misconduct, a campaign finance report shows. Lt. Gov. Deidre Henderson’s office said she was considering penalties for the spending. Davis’s campaign paid attorney Benjamin Grindstaff $10,837.50 in November. Grindstaff represented Davis when he was accused by a former intern and campaign worker of repeatedly touching her and behaving in a way that made her uncomfortable. State law has strict rules about how a candidate can use campaign funds.

Vermont – Campaign Finance Watchdog Files FEC Complaint Against Liam Madden for Funneling Donations Through Family
VTDigger.org – Sarah Mearhoff | Published: 1/18/2023

Nearly three months after failed congressional candidate Liam Madden described on the radio a self-funded scheme to inflate his campaign fundraising numbers, a campaign finance watchdog group has filed a complaint against Madden with the FEC. Asked by the show’s hosts to respond to critics’ scrutiny of Madden’s campaign finance filings, particularly a $5,300 donation reportedly made by his toddler son, Madden said he “drained” his wife’s business’s bank account, distributed roughly $25,000 among family members, then directed his family members to donate the money to his campaign.

Virginia – ‘A Missed Opportunity’: Virginia subcommittee on campaign finance reform has little to show after 2-year study
OpenSecrets – Jimmy Cloutier | Published: 1/13/2023

A Virginia legislative panel formed to study campaign finance reform failed to deliver its final report in yet another setback for advocates who say the cost of elections in the commonwealth is untenable. Virginia’s rules governing election spending are among the least restrictive in the country, with virtually no limits on the amount of money individuals and corporations can donate to state politicians. The General Assembly created the subcommittee almost two years ago to review potential reforms, including limits on donations and new disclosure requirements.

Virginia – Virginia Senate Panel Blocks Campaign Finance Reform Bills, Again
Virginia Mercury – Graham Moomaw | Published: 1/17/2023

Shortly after a Virginia Senate committee defeated legislation creating an across-the-board $20,000 cap on donations to candidates for the General Assembly and executive branch offices, the same panel voted down another bill that would have only banned political contributions from publicly regulated utilities like Dominion Energy. Senators warned of unintended consequences if Virginia were to move away from its unlimited, transparency-based campaign finance system to setting caps on how much money candidates can accept from one source.

Washington – Lawsuit Filed Over State Lawmakers’ Use of ‘Privilege’ to Deny Access to Public Records
The Olympian – Shauna Sowersby | Published: 1/11/2023

A new lawsuit challenges the use of “legislative privilege” by Washington lawmakers to withhold public records. Public records from multiple sources also showed lawmakers have invoked the privilege more frequently within the last year. In 2019, the state Supreme Court voted ruled in favor of The Associated Press’s lawsuit to reject “lawmakers’ assertion that they are not required to turn over daily schedules, emails, text messages, and other materials related to their work.”

Wyoming – Remote Participation Shut Out of Two Legislative Committees
WyoFile – Maggie Mullen | Published: 1/16/2023

Two legislative committee chairpersons closed the door on remote public testimony, limiting who can participate in the lawmaking process. Committee hearings are the only public opportunity to testify or otherwise formally weigh in on proposed legislation. Stakeholders can also call or email lawmakers directly, but such correspondence is not public record. The Legislature has benefited from additional public testimony made possible by Zoom in recent years, according to Sen. Chris Rothfuss. At the same time, he does not think the Legislature has the policy quite right.

January 19, 2023 • Written by Jim Sedor

Thursday’s LobbyComply News Roundup

Campaign Finance National: “The Speaker Vote Underscored How Money Is So Central to Politics Today” by Tal Kopan (Boston Globe) for MSN National: “FEC Dismisses GOP Complaint Over Gmail Spam Filter” by Isaac Stanley-Becker (Washington Post) for MSN Florida: “DeSantis […]

January 17, 2023 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance Arizona: “Where Did Arizona Gov. Hobbs’ Inaugural Funds Come From?” by Howard Fischer (Capitol Media Services) for KAWC Elections Ohio: “Military Families Frustrated as States Change Mail Ballot Timelines” by Julie Carr Smyth and Gary Fields (Associated Press) […]

January 13, 2023 • Written by Jim Sedor

News You Can Use Digest – January 13, 2023

National/Federal At Proud Boys Trial, U.S. Aims to Win Another Seditious Conspiracy Case MSN – Rachel Weiner (Washington Post) | Published: 1/9/2023 Henry “Enrique” Tarrio and four other members of his right-wing group Proud Boys are standing trial on charges of […]

National/Federal

At Proud Boys Trial, U.S. Aims to Win Another Seditious Conspiracy Case
MSN – Rachel Weiner (Washington Post) | Published: 1/9/2023

Henry “Enrique” Tarrio and four other members of his right-wing group Proud Boys are standing trial on charges of seditious conspiracy in a case that will test the limits of a rarely used law. Prosecutors will seek to convince a jury the riot at the U.S. Capitol was not the spontaneous outburst of a misguided mob but an assault on democracy galvanized by dedicated extremists. The strongest evidence against the Proud Boys comes from on and around January 6, as they discussed storming the Capitol and members of the group engaged in violence. The government’s challenge will be tying that to a broader political plot.

Attorneys Clash in E. Jean Carroll Defamation Case Against Trump
MSN – Keith Alexander (Washington Post) | Published: 1/10/2023

An appeals court heard arguments on whether Donald Trump was acting within his job as president when he denied a writer’s allegations that he sexually assaulted her in the mid-1990s. Lawyers for E. Jean Carroll argued Trump acted as a private citizen when he denied raping Carroll, and therefore can be sued like anyone else. Trump’s lawyers and an attorney for the Justice Department countered that his responses were made as part of his job as president, which would effectively end Carroll’s case against him.

Here Are the K Street Lobbyists Closest to McCarthy
Yahoo News – Karl Evers-Hillstrom (The Hill) | Published: 1/11/2023

U.S. Rep. Kevin McCarthy’s ascension to speaker of the House could be a boon for a small group of lobbyists within his inner circle. He has relied on a small handful of lobbyists for advice and fundraising help. Now those allies are a hot commodity among corporate clients eager to make inroads with McCarthy, who is in lockstep with corporate America on economic policy but has chastised major companies for wading into social and political issues.

House Narrowly Approves Rules Amid Concerns About McCarthy’s Concessions
Seattle Times – Catie Edmondson (New York Times) | Published: 1/9/2023

House Republicans pushed through an overhaul of operating rules for the new Congress, overcoming the concerns of some rank-and-file members about concessions that Speaker Kevin McCarthy made to the hard right in the desperate and drawn-out process of securing his job. Taken together, the rules increase transparency around how legislation is put together. But they could also make it difficult for the House to carry out even its most basic duties in the next two years, such as funding the government, including the military, or avoiding a catastrophic federal debt default.

How Kevin McCarthy Survived the GOP Revolt to Become House Speaker
MSN – Isaac Arnsdorf, Mariana Sotomayor, Michael Scherer, and Josh Dawsey (Washington Post) | Published: 1/8/2023

Months of posturing and saber-rattling at last gave way to serious talks on changing how the new House would operate, which eventually led to Kevin McCarthy winning the speakership. What emerged was a deal that would secure McCarthy his prize only by diminishing it and putting the House on a collision course for more crises like the one just barely resolved, next time over funding the government or raising the debt limit.

Official U.S. Capitol Tour Guides Told to Only Mention Jan. 6 If Asked
Yahoo News – Joe Heim (Washington Post) | Published: 1/5/2023

Visitors on official guided tours of the U.S. Capitol are peppered with facts about its rich history. But they probably will not hear a word about the January 6, 2021, attack by supporters of Donald Trump who were seeking to stop the certification of Joe Biden’s electoral win. Guides have been told to only refer to January 6 if questioned on a tour, according to former tour guides and people familiar with the Capitol Visitor Center’s operations. It is a policy that in many ways reflects a country at odds with itself, unable to agree on fact and truth and reluctant to engage on the history of a day that threatened democracy.

Scandal-Hit EU Assembly Set to Move on Anti-Corruption Plan
Yahoo News – Lorne Cook (Associated Press) | Published: 1/11/2023

Spurred into action by a major corruption scandal, European Parliament President Roberta Metsola wants to prevent former lawmakers from lobbying on behalf of businesses or governments soon after they leave office and to make public the names of current members who break assembly rules. Metsola also seeks tougher checks on lobbyists and the public listing of any meetings that lawmakers may have with them. The plans were divulged a month after Belgian authorities arrested four people on charges of corruption, money laundering, and participation in a criminal organization.

Second Biden Search Yields Additional Classified Documents
MSN – Devlin Barrett, Matt Viser, Tyler Pager, and Perry Stein (Washington Post) | Published: 1/11/2023

President Biden’s personal lawyers discovered a small number of classified documents at the Penn Biden Center for Diplomacy and Global Engagement, an institute Biden started after serving as vice president. Legal representatives for the president then announced they found additional classified material at a second location. White House officials have said they are cooperating with the Justice Department and that Biden’s lawyers quickly handed over the documents to the National Archives and Records Administration.

The Mysterious, Unregistered Fund That Raised Big Money for Santos
DNyuz – Alexandra Berzon and Grace Ashford (New York Times) | Published: 1/12/2023

A month before George Santos was elected to Congress, one of his large campaign donors was asked to consider making another sizable contribution. The request came from a Republican loyalist on behalf of RedStone Strategies, which was described in an email to the donor as an “independent expenditure” group. The donor sent $25,000 to a bank account belonging to RedStone Strategies. But where the donor’s money went is unclear. The FEC said it had no evidence RedStone Strategies was registered as a political group, and there do not appear to be any records documenting its donors, contributions, or spending.

The New Soldiers in Propane’s Fight Against Climate Action: Television stars
DNyuz – Hiroko Tabuchi (New York Times) | Published: 1/11/2023

For DIY enthusiasts, Matt Blashaw is a familiar face, judging bathroom remodels or planning surprise home makeovers on popular cable television shows. He also has a strong opinion about how Americans should heat their homes: by burning propane. Less well known is Blashaw is paid by a fossil fuel industry group that has been running a furtive campaign against government efforts to move heating toward electricity made from cleaner sources. The Propane Education and Research Council has spent millions of dollars on “provocative anti-electrification messaging,” using influencers like Blashaw, according to the group’s internal documents.

Trump Campaign Officials Got Subpoena Asking New Questions About Jan. 6
MSN – Josh Dawsey, Devlin Barrett, and Rosalind Helderman (Washington Post) | Published: 1/11/2023

A wide-ranging subpoena sent to Donald Trump’s campaign officials in December shows new areas of investigative interest as part of the Justice Department’s extensive January 6 criminal probe, and lawyers say a grand jury focused on the day’s events and related fundraising has increased its activities in recent months. The document seeks more than two dozen categories of information and includes some questions that were not part of a series of similar subpoenas that were sent to several dozen people in September.

From the States and Municipalities

Alaska – Wasilla Lawmaker Advised Not to Solicit Campaign Funds for Oath Keepers Trial Costs
Yahoo News – Sean Maguire (Anchorage Daily News) | Published: 1/6/2023

Staff at the Alaska Public Offices Commission advised Rep. David Eastman not to keep soliciting campaign contributions to pay his legal bills, saying that would run afoul of state law. Anchorage Superior Court Judge Jack McKenna ruled in December that Eastman was eligible to hold public office despite his membership in the Oath Keepers, a far-right militia group that had some members and leadership participate in the riot at the U.S. Capitol. Without being able to solicit campaign contributions, he can still accept donations to a separate legal fund, but as a sitting legislator, the law prohibits him from accepting monetary “gifts” worth $250 or more.

California – Lobbyist’s $1,100 Payment to El Monte Councilmember for Breast Augmentation Lawful, FPPC Rules
San Gabriel Valley Tribune – Jason Henry (Pasadena Star News) | Published: 1/8/2023

The California Fair Political Practices Commission (FPPC) found El Monte Councilperson Victoria Martinez Muela did not violate the law by accepting $1,100 for breast augmentation surgery from a friend, even though the friend’s employer had business before the city council. The FPPC determined the payment for the procedure did not constitute a “gift” under state law, would not have been subject to state limits, and did not qualify as reportable income, said Alex Rose, counsel for the agency’s enforcement division.

California – San Jose Lobbyists Skirt Transparency
San Jose Spotlight – Tran Nguyan | Published: 1/5/2023

A review of 2022 disclosure reports shows how some lobbyists failed to divulge details of their meetings with San Jose officials. San Jose adopted lobbying rules in 2007 to increase transparency at City Hall and allow the public a window into how lobbyists influence city business and policies. The ordinance requires lobbyists to submit weekly reports and disclose details, including who their client is, who they meet with, how they communicate, and the topic being discussed.

Colorado – ‘Laughable’: Is it too easy to get on the Denver mayoral ballot?
Denver Post – Joe Rubino | Published: 1/5/2023

It took Leslie Herod’s campaign less than 17 hours to collect the 300 verified voter signatures needed to get the mayoral hopeful on the ballot for Denver’s April 4 municipal election. The speed with which Herod hit the petition mark – turning in her signatures at 4:30 p.m. on the first day signature gathering was allowed – highlights a concern that has been rumbling beneath the surface of Denver elections: is it too easy for candidates and citizens’ initiative to get on the ballot?

Florida – DeSantis Inauguration Planned to Give Donors Special Treatment. They Got Long Lines, Few Seats
MSN – Mary Ellen Klas and Lawrence Mower (Miami Herald) | Published: 1/5/2023

Florida Gov. Ron DeSantis proclaimed to a crowd of about 250 people at a candlelight dinner for donors that his swearing-in ceremony was “the most requested ticket” of any inauguration in state history. In fact, organizers sold more tickets than there were seats for the swearing-in, leaving numerous people, including the chief executive officer of Publix and the future speaker of the Florida House, without a place to sit. The treatment of the VIPs left some egos bruised. Many paid between $25,000 and $1 million for sponsorship packages that included seats to the VIP section for the swearing-in ceremony and tickets to the inaugural ball.

Georgia – Fani Willis, the Georgia Prosecutor Investigating Trump, Has Taken on Seemingly Untouchable Targets
MSN – Tom Hamburger, Matthew Brown, and Ann Marimow (Washington Post) | Published: 1/9/2023

Fulton County District Attorney Fani Willis is considering using Georgia’s racketeering statute in a politically treacherous investigation. The question is whether former President Trump conspired with his allies to break the law and attempt to overturn the 2020 election in the state. Willis finds herself at the center of an inquiry with the potential to make history and influence the course of the next presidential vote. A special grand jury convened as part of the investigation submitted a report that could include recommendations for charges.

Hawaii – Commission Fines Cayetano Campaign, Super PAC Over Josh Green Attack Ads
Honolulu Civil Beat – Blaze Lovell | Published: 1/11/2023

The Hawaii Campaign Spending Commission fined gubernatorial candidate Vicky Cayetano’s campaign and her super PAC, Victory Calls. Commission staff found probable cause the campaign improperly coordinated with the PAC to run a print ad in the Honolulu Star-Advertiser attacking Gov. Josh Green, who at the time was a gubernatorial candidate and Cayetano’s opponent in the Democratic primary. The commission voted to fine the campaign and Victory Calls $1,000 jointly for the print ad, meaning either the PAC or the campaign can pay the fine.

Hawaii – Proposal Would Increase Public Funding for Hawaii Campaigns
Yahoo News – Dan Nakaso (Honolulu Star-Advertiser) | Published: 1/10/2023

State Sen. Karl Rhoads plans to introduce legislation this year to help county, state, and Office of Hawaiian Affairs candidates raise more campaign money through public funds to ease their reliance on lobbyists and private donors with the goal of promoting “clean elections.” The proposal follows the guilty pleas of Sen. J. Kalani English and Rep. T.J. Cullen on bribery and corruption charges that led to calls for ethics and fundraising reform that largely did not materialize last year but did lead to a ban on fundraising while the Legislature is in session and to the creation of a House commission on legislative conduct.

Illinois – Ex-U.S. Rep. Luis Gutierrez Allegedly Lobbied Speaker Michael Madigan for ComEd Board Appointment for Juan Ochoa, According to New Filing
Yahoo News – Jason Meisner and Ray Long (Chicago Tribune) | Published: 1/11/2023

Federal prosecutors revealed new evidence they intend to use against four people accused in an alleged bribery scheme between Commonwealth Edison (ComEd) and then-House Speaker Michael Madigan. Former McPier chief executive Juan Ochoa is expected to testify he enlisted the help of a member of Congress in 2017 to help repair his tattered relationship with Madigan and ultimately secure a lucrative position on ComEd’s board of directors. Sources said the member is ex-U.S. Rep. Luis Gutierrez. The trial promises to be the biggest corruption trial in Illinois since ex-Gov. Rod Blagojevich was convicted in 2011.

Illinois – Lightfoot Campaign Asks CPS Teachers to Encourage Students to Help Her Win Reelection in Return for Credit
WTTW – Heather Cherone | Published: 1/11/2023

Mayor Lori Lightfoot’s reelection campaign sent an email to Chicago Public Schools teachers asking them to encourage their students to volunteer to help Lightfoot win a second term as mayor and earn class credit. The message was sent to teachers’ official work email accounts. As mayor, Lightfoot appoints not only the superintendent of the Chicago Public Schools but also the members of the city Board of Education. Chicago’s ethics ordinance prohibits the use of public resources, including email accounts, for non-official purposes.

Kansas – Prominent Kansas Senate Republican to Pull Double Duty as Kris Kobach Adviser, Legislator
MSN – Andrew Bahl (Topeka Capital Journal) | Published: 1/11/2023

State Sen. J.R. Claeys will serve as a senior adviser to Kansas Attorney General Kris Kobach, a move that is not unprecedented but has brought concerns about a potential conflict-of-interest. There is nothing in the rules preventing Claeys, who also served as Kobach’s campaign manager during the 2022 election cycle, from simultaneously serving in a state agency. Legislators, both current and past, have worked for executive branch agencies and Kansas Board of Regents institutions, among other day jobs.

Kentucky – Pfizer Gives $1 Million to Republican Party of Kentucky to Expand Its Headquarters
Kentucky Lantern – Tom Loftus | Published: 1/9/2023

In what may be the largest political contribution ever given to a political party in Kentucky, the drug maker Pfizer Inc. gave $1 million last month to the building fund of the state Republican Party. A report filed by Republican Party of Kentucky Building Fund listed the $1 million from Pfizer along with five other big corporate contributions in the final quarter in 2022 totaling $1.65 million. That is an extraordinarily large haul for the fund which had raised only $6,000 during the first three quarters of last year.

Louisiana – Former Louisiana Democrats Chair, State Senator Gets Prison Time for Wire Fraud
Louisiana Illuminator – Greg La Rose | Published: 1/11/2023

Former state Sen. Karen Carter Peterson was sentenced to 22 months in prison after admitting she used money from her campaign and the Louisiana Democratic Party to support a gambling addiction. Peterson was accused of pilfering $147,000 from her campaign and party coffers through a series of payments to close political allies.

Massachusetts – SJC Rules DiMasi’s Federal Corruption Convictions Do Not Disqualify Him, or Others, from Lobbying on Beacon Hill
MSN – John Element (Boston Globe) | Published: 1/5/2023

Secretary of State William Galvin misinterpreted Massachusetts law when he denied former House Speaker Sal DiMasi’s registration as a lobbyist in 2019, the state’s highest court ruled. The Supreme Judicial Court said amendments to ethics laws enacted by state legislators in 2009 specified that only state corruption convictions could be used to prevent someone from registering as a lobbyist for 10 years after being convicted. DiMasi was convicted in federal court of fraud and extortion for taking bribes while in office.

Massachusetts – The Latest Challenge for the Beleaguered Massachusetts State GOP: Tens of thousands of dollars in unpaid bills
MSN – Emma Platoff (Boston Globde) | Published: 1/10/2023

Fresh off an electoral defeat in the November midterms. the Massachusetts Republican Party now appears to have mounting financial and legal problems, too – a pile of overdue bills, much of that money owed to an opposition research firm that party leaders hired last year to dig up dirt on Maura Healey during her run for governor. As of late December, the state GOP owed at least $86,000 to at least two outside vendors hired for election-related services, bills that were late by more than two months. Republican sources, including one familiar with the party’s direct mail process, estimated the debt far exceeds that amount.

New Mexico – Democratic Officials’ Homes, Offices Shot Up in New Mexico
Associated Press News – Susan Montoya Bryan and Morgan Lee | Published: 1/6/2023

The homes or offices of five elected Democratic officials in New Mexico, including the new attorney general, have been hit by gunfire over the past month, and authorities are working to determine if the attacks are connected. Nobody was injured in the shootings. Federal officials have warned about the potential for violence and attacks on government officials and buildings, and the Department of Homeland Security has said domestic extremism remains a top terrorism threat in the U.S. Local officials have also faced an increasing number of threats in recent years.

New York – Lawmaker’s Victory May Cost Him Coveted Manhattan Apartment
DNyuz – Luis Ferré-Sadurní (New York Times) | Published: 1/6/2023

Democrats in the New York Assembly had been considering whether to expel a Republican member because of evidence suggesting he lived in Manhattan, not in the South Brooklyn district he was recently elected to represent. But the efforts to remove Assemblyperson Lester Chang were seen as politically contentious. So Democratic leaders decided they would not try to remove Chang. But even though Mr. Chang will keep his seat, he may be at risk of losing something equally precious: his rent-stabilized apartment in Manhattan.

New York – Rensselaer County’s Former GOP Elections Commissioner Admits Voter Fraud
Albany Times Union – Robert Galvin | Published: 1/11/2023

Jason Schofield, Rensselaer County’s former elections commissioner, pleaded guilty to 12 counts of voter fraud charges, admitting he fraudulently filed absentee ballots in 2021 using the personal information of at least eight voters without their permission. The plea is part of a broader, ongoing investigation by the U.S. Justice Department that led to the guilty plea of ex-Troy City Council Member Kimberly Ashe-McPherson. The probe is examining the election activities of several top county officials.

New York – Trump Financial Officer Allen Weisselberg Sentenced to Five Months in Jail
MSN – Shayna Jacobs (Washington Post) | Published: 1/10/2023

Longtime Trump Organization finance chief Allen Weisselberg, who pleaded guilty to 15 counts including tax fraud, conspiracy, and grand larceny, was sentenced to serve five months in jail. Authorities had promised Weisselberg a steeply reduced sentence in exchange for testifying against the Trump Organization. He had faced up to 15 years in prison. The company was convicted of tax crimes. Donald Trump was not charged with wrongdoing.

North Dakota – As Lawmakers Return to Bismarck, Lobbyists Fill the Capitol
Grand Forks Herald – Jeremy Turley (Forum News Service) | Published: 1/6/2023

Lobbyists are sure to be present wherever laws are made, and the North Dakota Capitol is no exception. For each of the state’s 141 lawmakers, there are more than two registered lobbyists, and their numbers are expected to grow as the Legislature’s four-month session unfolds. Lobbyists, whether paid or not, are a vital piece of the Capitol ecosystem, according to policymakers and political scientists.

North Dakota – Bill Would Add 9,000 State Employees to North Dakota Ethics Panel’s Jurisdiction
Jamestown Sun – Jack Dura (Bismarck Tribune) | Published: 1/6/2023

North Dakota’s Ethics Commission is asking the state Legislature to expand the panel’s oversight authority to include thousands of state employees. Senate Bill 2048 includes several changes requested by the commission, such as extending the time frame to notify an accused person of an ethics complaint and adding criteria for who can make complaints. The bill also would add about 8,960 executive branch employees to the ethics panel’s jurisdiction over “public officials.”

Ohio – Ex-Ohio Governor Candidate Joe Blystone Fined $105K, Can’t Run for Office for 5 Years
Yahoo News – Jessie Balmert (Cincinnati Enquirer) | Published: 1/5/2023

Joe Blystone, who unsuccessfully challenged Gov. Mike DeWine in the Republican primary election last May, will pay a $105,000 fine and not run for office for five years as part of a settlement with the Ohio Elections Commission. The $105,000 fine is what is left in Blystone’s campaign account minus $75,000 placed in reserve for a pending lawsuit. The case stemmed from a slew of campaign finance violations committed by Blystone.

Oklahoma – After Dark Money Flooded Elections, Oklahoma GOP Chair Wants Changes to Help Political Parties
Tulsa World – Carmen Forman | Published: 1/11/2023

After millions of dollars in “dark money” flowed into Oklahoma elections last year, the state Republican Party chairperson is seeking reforms. A.J. Ferate asked the Oklahoma Ethics Commission to consider updating campaign finance rules so political parties can raise more money and provide additional assistance to state candidates. Corporations and other entities can contribute unlimited sums of money to influence elections through groups that do not have to report their donors. Political parties have to report their campaign fundraising and spending.

Pennsylvania – DA Larry Krasner’s Impeachment Trial Gets Indefinitely Postponed by the Pa. Senate
MSN – Ellie Rushing (Philadelphia Inquirer) | Published: 1/11/2023

The Pennsylvania Senate voted to indefinitely postpone the impeachment trial of Philadelphia District Attorney Larry Krasner. A Commonwealth Court ruling to dismiss the articles of impeachment as legally insufficient, the future of the trial – and the timeline for when, or even if, it resumes – remains uncertain. Judge Ellen Ceisler said the articles did not sufficiently demonstrate Krasner failed to perform his duties or acted with an improper or corrupt motive, a standard required under the state constitution to impeach a public official.

Rhode Island – As Judge Caprio Moves On, Questions About ‘Caught in Providence,’ and the Profits, Are Raised
Yahoo News – Katherine Gregg (Providence Journal) | Published: 1/9/2023

In 2015, The Rhode Island Ethics Commission gave the chief judge of Providence Municipal Court, Frank Caprio, its blessing to expand his “Caught in Providence” television show into wider markets. Caprio told the commission that “he has never and will never accept financial compensation of any kind from the broadcast of these Municipal Court proceedings.” But the judge’s brother, David Caprio, chair of the state’s higher education board, recently acknowledged he has made a little more than $100,000 a year from the broadcast, which he did not list on his ethics-disclosure filing.

South Carolina – South Carolina US House District Ruled Racial Gerrymander
Yahoo News – James Pollard and Jeffrey Collins (Associated Press) | Published: 1/5/2023

Federal judges ordered South Carolina lawmakers to draw new congressional maps, ruling the U.S. House district lines of a seat flipped by Democrats four years ago were intentionally redrawn to split Black neighborhoods to dilute their voting power. The state used the maps in this past November’s midterm elections after the Republican-dominated state Legislature redrew the lines following the 2020 U.S. Census. With Republicans holding a thin margin in the House, any change to competitive districts has a chance to alter the balance of power after the 2024 elections.

Utah – The Utah Executive Ethics Committee Has Been Understaffed for 2 Years
Local Today – Emily Anderson Stern (Salt Lake Tribune) | Published: 1/11/2023

After major scandals that led to the FBI investigating a Utah attorney general and lieutenant governor, the Legislature passed a bill establishing an ethics committee to review complaints against the state’s executive branch. But for nearly two years, the Executive Ethics Committee operated with fewer than half its legally required members and has limited public avenues to file a grievance against Utah’s top officials.

Washington – Seattle Ethics Committee Restricts Collection of Democracy Vouchers
Real Change – Guy Oron | Published: 1/11/2023

The Seattle Ethics and Elections Commission amended the city’s democracy voucher program, limiting the ability of paid campaign staffers to collect vouchers, a move campaigns say could reduce the impact of the system. The program allocates four $25 vouchers to eligible Seattle residents who can donate them to candidates. Previously, staff could collect replacement forms from potential donors. That made it easy for supporters to give their vouchers immediately to a campaign. Now, supporters must turn in a replacement form to a volunteer or to the city directly, either by mail or online.

Washington – Sutherland to Pay $2.5K to Settle Ethics Violation Complaint
Everett Herald – Jerry Cornfield | Published: 1/6/2023

State Rep. Robert Sutherland will pay $2,500 to settle a complaint alleging he violated Washington’s ethics law when he berated and swore at a House security official and then bragged about it at a political rally hours later on the Capitol campus. Sutherland and Sean Hartsock, the chamber’s director of security, became embroiled in a heated exchange when the lawmaker sought access to a building he had been barred from entering because he had not taken a required COVID test.

West Virginia – W.Va. Journalist Let Go After Reporting on Abuse Allegations
Yahoo News – Leah Willingham (Associated Press) | Published: 1/7/2023

West Virginia Public Broadcasting (WVPB) reporter Amelia Ferrell Knisely said she was told to stop reporting on the Department of Health and Human Resources after leaders of the agency “threatened to discredit” the network. She then learned her position was being eliminated. Knisely had reported about alleged abuse of people with disabilities within the state agency. She said her news director told her the order came from WVPB Executive Director Butch Antolini, former communications director for Gov. Jim Justice. The governor has tried to eliminate funding for WVPB and was accused of appointing partisan operatives to its board.

January 11, 2023 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance Kentucky: “Pfizer Gives $1 Million to Republican Party of Kentucky to Expand Its Headquarters” by Tom Loftus for Kentucky Lantern Elections National: “At Proud Boys Trial, U.S. Aims to Win Another Seditious Conspiracy Case” by Rachel Weiner (Washington […]

January 10, 2023 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance National: “Watchdog Group Asks FEC to Investigate Embattled New York Rep. George Santos’ Campaign Finances” by Fredreka Schouten (CNN) for MSN Alaska: “Wasilla Lawmaker Advised Not to Solicit Campaign Funds for Oath Keepers Trial Costs” by Sean Maguire […]

January 9, 2023 • Written by Brianna Rummer

Call for Special Session in Pennsylvania

Pennsylvania Capitol Building

Gov. Tom Wolf ordered a special session of the General Assembly to begin Monday, January 9. Both chambers have been called back to Harrisburg to consider a proposed amendment to Pennsylvania’s constitution seeking to aid survivors of child sexual abuse. […]

January 6, 2023 • Written by Jim Sedor

News You Can Use Digest – January 6, 2023

National/Federal Advocacy Groups Denounce GOP Proposals to ‘Gut’ Ethics Office MSN – Kate Ackley (Roll Call) | Published: 1/3/2023 Ethics advocacy groups are sounding alarms that a proposal from House Republicans to change the Office of Congressional Ethics (OCE) could eviscerate […]

National/Federal

Advocacy Groups Denounce GOP Proposals to ‘Gut’ Ethics Office
MSN – Kate Ackley (Roll Call) | Published: 1/3/2023

Ethics advocacy groups are sounding alarms that a proposal from House Republicans to change the Office of Congressional Ethics (OCE) could eviscerate the watchdog, leaving it unable to function. The proposals, part of a package of new rules for the chamber, appear subtle but would have a major impact on the OCE, the groups say. Republicans have proposed term limits on OCE board members, a move that critics say would disproportionately affect Democratic members of the bipartisan body. The OCE would have to make hiring decisions within the first 30 days, a potentially impossible task if the board does not have a full slate.

House Joins Senate in Passing Electoral Count Act Overhaul in Response to Jan. 6 Attack
MSN – Amy Wang and Liz Goodwin (Washington Post) | Published: 12/19/2022

President Biden signed the omnibus spending bill to fund the federal government, which included the Electoral Count Reform and Presidential Transition Improvement Act. It amends an 1887 law and reaffirms the vice president has only a ministerial role at the joint session of Congress where electoral college votes are counted. The measure raises the threshold necessary for members of Congress to object to a state’s electors.

Jan. 6 Report Recommends Congress Ban Trump from Office
MSN – Amy Gardner, Rosalind Helderman, and Jacqueline Alemany (Washington Post) | Published: 12/22/2022

The House committee investigating attack on the U.S. Capitol recommended Congress consider barring former President Trump from ever holding public office again as a result of his role inciting that day’s insurrection. The committee released its final report, concluding 18 months of work with a carefully footnoted document intended to cement its findings that Trump’s conduct following the 2020 presidential election was to blame for the unprecedented assault on Congress.

Lobbyists Relish Return to Capitol After Years of COVID Restrictions
MSN – Karl Evers-Hillstrom (The Hill) | Published: 1/5/2023

Lobbyists returned to Capitol Hill on January 3. The end of strict rules for visitors at the Capitol will boost K Street’s visibility in time for the new Congress. Thousands of lobbyists roamed the Capitol campus without an appointment or congressional escort for the first time since March 2020, when Congress implemented COVID-19 restrictions. The rules made it difficult for lobbyists to meet with lawmakers in their offices. Congressional aides and K Street representatives increasingly relied on Zoom calls because getting people into Capitol buildings required too much time and planning.

Sam Bankman-Fried Funded More Than 90% of a Leading DC Ethics Group’s Political Arm in 2021
MSN – Brent Griffiths and Dave Levinthal (Business Insider) | Published: 12/29/2022

Indicted cryptocurrency financier Sam Bankman-Fried donated $760,000 to the Campaign Legal Center’s (CLC) action fund in 2021. The contribution amounted to more than 95 percent of CLC Action’s revenue for that year and roughly 94 percent of its expenses. Bankman-Fried’s spending helped support CLC Action, a 501(c)(4), as well as the ethics watchdog’s tax-exempt charitable arm. Under its action group, the CLC filed a number of prominent lawsuits in 2021.

Santos, a Suburban House and $11,000 in Campaign Payments for ‘Rent’
DNyuz – Grace Ashford and Dana Rubinstein (New York Times) | Published: 12/29/2022

There were a series of unusual disbursements in U.S. Rep.-elect George Santos’s campaign filings that experts say could warrant further scrutiny. There are also dozens of expenses pegged at $199.99, one cent below the threshold at which federal law requires receipts. It is not known if the spending was illegal, or merely unusual. Federal and local prosecutors said they would begin inquiries into Santos’s finances and background. A New Yor Times investigation revealed he misrepresented details of his education, work history, and property ownership, along with a previously undisclosed criminal charge in Brazil.

The ‘Red Wave’ Washout: How skewed polls fed a false election narrative
DNyuz – Jim Rutenberg, Ken Bensinger, and Steve Eder (New York Times) | Published: 12/31/2022

Polling helped feed what quickly became an inescapable political narrative in 2022: a Republican wave election was about to hit the country. In the election’s immediate aftermath, the polling failures appeared to be in keeping with misfires in 2016 and 2020, when the strength of Donald Trump’s support was widely underestimated and with the continuing struggles of an industry that arose with the corded home telephone to adapt to the mass migration to cellphones and text messaging. A New York Times review of the forces driving the narrative of a coming red wave, and of that narrative’s impact, found new factors at play.

Trump Tax Returns Undermine His Image as a Successful Entrepreneur
DNyuz – Jim Tankersley, Susanne Craig, and Russ Buettner (New York Times) | Published: 12/30/2022

House Democrats released six years of former President Trump’s tax records, offering new insight into his business dealings that further undermined his long-cultivated image as a successful businessperson. The release contained thousands of pages of tax documents, including individual returns for Trump and his wife, as well as business returns for several of the hundreds of companies that make up his business organization.

Twitter Reverses Longstanding Ban on Political Advertising
MSN – Elizabeth Dwoskin (Washington Post) | Published: 1/3/2023

Twitter said it was relaxing its ban on political and issue-based advertising, a reversal of the company’s long-standing approach to paid political speech. The policy change, which comes at a moment when major advertisers are defecting from the social media platform, would allow candidates and advocacy groups to spend money to promote themselves and their causes on the service. The company announced the change and promised to “share more details” as the work got underway. There was no explanation of why Twitter made the changes or how extensive the changes would be.

From the States and Municipalities

Arizona – After Overwhelming Voter OK, Political ‘Dark Money’ Law Hailed as Model
Cronkite News – Emilee Miranda | Published: 12/23/2022

Proposition 211, which Arizona voters approved in November, requires independent organizations that spend $50,000 or more in an election cycle to support or oppose a candidate or issue in a statewide race identify any donors who gave $5,000 or more. The trigger for disclosure in local campaigns, such as city council or school board races, is $25,000. Supporters call the ballot measure a model for the rest of the country, while opponents call it a threat to free speech.

Arizona – Gov.-Elect Hobbs Refuses to Disclose Donors to Inaugural Party
Arizona Daily Star – Bob Christie (Capitol Media Services) | Published: 1/1/2023

Arizona Gov. Katie Hobbs is kicking off her term with a celebratory ball, a first for a new governor since Fife Symington had one in the 1990s. But Hobbs, who touted transparency as part of her leadership, has refused to disclose which people or corporations are paying for the party. The lack of full public disclosure extended to her taking the oath of office on January 2. That event was closed to the public and media, with the exception of a news photographer.

Arizona – Judge Rules Against Kari Lake in Bid to Overturn Arizona Election Results
MSN – Isaac Stanley-Becker and Yvonne Wingett Sanchez (Washington Post) | Published: 12/24/2022

A judge rebuffed an effort by Kari Lake, the defeated Republican candidate for governor in Arizona, to reverse the outcome of the November election, ruling against her after a trial that showcased speculation about systematic malfeasance at the polls but failed to prove it. The finding was in line with recent judgements against Abe Hamadeh and Mark Finchem, the unsuccessful candidates for attorney general and secretary of state, respectively, who also challenged their losses. The rulings show how the judiciary in Arizona rejected challenges to election results and affirmed the will of voters.

Arizona – Phoenix Council Members’ Suns Arena Suite Usage Raises Ethics Policy Questions
Yahoo News – Taylor Seely (Arizona Republic) | Published: 12/26/2022

For years, the city of Phoenix has had access to a luxury suite at the Footprint Center to promote economic development, but a controversy about city council members attending NBA playoff games and concerts the past two years is prompting discussion over whether or when such activity is ethically acceptable. While no one at City Hall says the council members violated the suite usage policy, some there are questioning whether it was appropriate for elected leaders to attend events in the skybox with campaign donors. Others wonder if it causes a perception problem.

California – Buried Treasure: California politicians stash $35 million in leftover campaign cash
MSN – Alexei Koseff and Ben Christopher (CalMatters) | Published: 12/21/2022

There are nearly 100 accounts belonging to political candidates in California with leftover campaign money. Some of the politicians holding onto past campaign contributions are simply waiting to figure out their next race, at which point they may tap into those eligible funds. Others are using the money to keep a foothold in the public arena, slowly spending down what is left on political donations, charitable contributions, and administrative expenses. Some of the money is merely sitting idle, in accounts where nothing much goes in or out, save interest and annual state filing fees.

California – Will Pay to Play Politics Be Curbed in the New Year?
Voice of OC – Spencer Custodio | Published: 1/3/2023

A new law in California aimed at curbing “pay-to-play” schemes at the local level across the state takes effect this year but questions are mounting on how effective it will be. The law mandates a 12-month waiting period for local elected officials to vote on items that could benefit campaign donors who gave $250 or more, among other provisions. Critics say it does not go far enough, arguing special interests can simply wait out the time restriction or bypass it by spending through PACs.

Florida – Florida’s Expanded Lobbying Ban Faces Legal Challenge. Some Officials Already Resigned
MSN – Anna Ceballos (Miami Herald) | Published: 12/30/2022

Five elected officials in Miami-Dade, Palm Beach, and Leon counties are suing to block new lobbying restrictions that are among the toughest in the country. The measures prohibit elected officials in the state from working as lobbyists while holding public office, and bar state and local elected officials from lobbying their state agencies or offices for six years after leaving office. The court will hear arguments in the case on January 27. In the meantime, a number of public officials will be forced to decide whether to quit public office or their private jobs, said attorney Scott Hiaasen.

Florida – Newly Released Records Show Top DeSantis Adviser Used Private Email and Alias to Coordinate Migrant Flights
MSN – Matt Dixon (Politico) | Published: 12/28/2022

Florida Gov. Ron DeSantis’s top safety official helped write language that helped a former legal client secure a state contract to oversee a controversial program to fly migrants from the southern border to Martha’s Vineyard. In the process, the official, Larry Keefe, used a non-public email address that made it appear emails were coming from “Clarice Starling,” the main character from “The Silence of the Lambs.” They show Keefe helping Vertol Systems, who he represented when in private legal practice, draft invoice language the company used when submitting its proposal to the Florida Department of Transportation.

Illinois – Mayor Lori Lightfoot Wanted Chicago Bears to Change Her Season Ticket Seats Over Security Concerns
MSN – Gregory Pratt (Chicago Tribune) | Published: 1/5/2023

Citing security concerns, Mayor Lori Lightfoot’s administration in 2019 requested “updating” her Chicago Bears season tickets, which she had held for years before being elected months earlier. Lightfoot’s security detail worried she would be hard to protect in the seats on the stadium’s 400 level, so they approached the Bears about moving her to a different location. Team officials worked with Lightfoot’s representatives to try to move the mayor’s seats, but the Bears had a problem of their own. A 2016 city ethics board ruling complicated the question of whether they could offer the mayor a free or even face-value upgrade.

Kansas – A Battle Over Subpoenas of Kansas Republican Officials Is Heating Up. Here Is What’s at Stake.
Yahoo News – Andrew Bahl (Topeka Capital Journal) | Published: 12/27/2022

A judge declined a request from the Kansas Governmental Ethics Commission to shield from the public hearings and documents related to a court tussle over subpoenas of top Republican Party officials. The cases regarding each of the seven individuals are at varying stages of adjudication, with the matter dismissed for some but ongoing for others. Attorneys for some of the defendants have sought to strike the commission’s court efforts under a state statute designed to crack down on lawsuits that are deemed to silence citizens.

Kansas – Newly Elected Kansas Attorney General Kris Kobach Fined $30,000 by FEC for Illegal Contribution from ‘WeBuildTheWall’ Scam Organization
Yahoo News – Bryan Metzger (Business Insider) | Published: 12/30/2022

Incoming Kansas Attorney General Kris Kobach was fined $30,000 by the FEC for violating campaign finance laws during a failed 2020 U.S. Senate campaign. Kobach’s campaign rented the email list of “WeBuildTheWall, Inc.” for just $2,000 in 2019, significantly below the normal rate for corporate list rentals. The FEC found that discrepancy constituted an illegal in-kind contribution from a corporation.

Maryland – Nick Mosby Files Last-Minute Rebuttal to Ethics Charges, Suggesting Next Week’s Court Hearing Will Be Delayed
Baltimore Brew – Mark Reutter | Published: 1/3/2023

The Baltimore Board of Ethics asked a judge to penalize city council President Nick Mosby for noncompliance, saying he “is seeking only to delay” the proceedings in a case concerning a fundraiser that collected over $14,000, including $5,100 from persons doing business with the city, for Mosby’s legal defense fund. A fine of up to $1,000 a day can be imposed for failing to follow a city ethics order. Mosby’s attorney recently filed a court document that argues the board misapplied ethics rules and prohibitions against gifts to elected officials to ensnare his client, which is likely to further delay a hearing in the matter.

Montana – Lawmakers Deadlock on Political Practices Commissioner
Montana Free Press – Alex Sakariassen | Published: 1/3/2023

A panel of four state legislators reached an impasse over who should become Montana’s next commissioner of political practices. Now, the task of selecting a candidate falls squarely on Gov. Greg Gianforte, whose office has yet to provide a glimpse of any frontrunner. Five candidates appeared before the committee to answer questions about their past political affiliations, lobbying activity, and understanding of the commissioner’s responsibilities in state government.

New Jersey – NJ Law Is Meant to Increase Campaign Finance Transparency. It Also Guts Local Pay-to-Play Rules.
Gothamist – Nancy Solomon | Published: 12/26/2022

The New Jersey Legislature is on the verge of changing the state’s campaign finance restrictions, despite opposition from good government groups. The Elections Transparency Act would double the amount individuals or groups could give to non-gubernatorial candidates, parties, and county party organizations. It also would dismantle local laws that prohibit campaign donations from people who do business directly with local government and regulate all those contributions through state law instead.

New Mexico – Albuquerque Officials Will Have to Reveal More About Their Personal Finances in 2023
Albuquerque Journal – Jessica Dyer | Published: 1/1/2023

Albuquerque Mayor Tim Keller signed legislation updating the city’s ethics code regarding how much financial information the mayor and council members must reveal. City Clerk Ethan Watson said the new rules mirror financial disclosure standards once proposed for state officials but never adopted at that level. He said Albuquerque is now at the forefront of transparency policy.

New York – New York State Lawmakers to Be the Highest Paid in Nation at $142,000
Yahoo News – Joseph Spector (Politico) | Published: 12/22/2022

The New York Legislature voted to increase the pay of lawmakers who take office on January 1 from $110,000 to $142,000 a year, making it by far the highest paid state legislative body in the country. The next highest is California where lawmakers get $122,694. Gov. Kathy Hochul signed the bill into law. Democrats defended the 29 percent increase, saying their salaries were stuck at $79,500 for 20 years before jumping to $110,000 in 2019 after a recommendation from a special compensation committee. The deal also includes limiting lawmakers’ outside income to no more than $35,000 a year.

North Carolina – New Year Brings Higher Limits for North Carolina Campaign Contributions
The Center Square – Victor Skinner | Published: 1/4/2023

The new year triggered higher campaign contribution limits in North Carolina to candidates and political committees, with the cap now set at $6,400. The State Board of Elections recalculates the donation limit every odd-numbered year based on the Consumer Price Index.

North Carolina – North Carolina Will Not Prosecute Mark Meadows for Voter Fraud
MSN – Meryl Kornfield and Kyle Rempfer (Washington Post) | Published: 12/30/2022

Mark Meadows, who was chief of staff to President Trump, will not be charged for voter fraud related to his 2020 registration and absentee vote in North Carolina, the state’s chief law enforcement official said. Meadows was under investigation after media reports that said the voter registration for Meadows listed a mobile home in Scaly Mountain, North Carolina he had never owned, stayed at, or visited.

Ohio – FirstEnergy Secretly ‘Engaged’ Corey Lewandowski to Lobby Trump for a Public Bailout, Subpoenaed Records Confirm After Years of Denials
Energy and Policy Institute – Dave Anderson | Published: 12/22/2022

FirstEnergy secretly ‘engaged’ Donald Trump’s former campaign manager, Corey Lewandowski, to lobby the White House to deliver a public bailout for the utility company’s coal and nuclear power plants in 2017 and 2018, records released by the Ohio Consumers’ Counsel show. Lewandowski never registered as a federal lobbyist during the Trump administration and has for years denied worked for FirstEnergy as the company lobbied to secure a federal bailout.

Ohio – FirstEnergy to Pay $3.9M Fine for Withholding Lobbying Info from Federal Regulators
MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 1/3/2023

FirstEnergy will pay $3.9 million for failing to fully provide the Federal Energy Regulatory Commission (FERC) with requested lobbying and accounting information. The utility admitted it violated the FERC’s “duty of candor” rule and agreed to two years of compliance monitoring. FirstEnergy is continuing to work through issues related to bribes it doled out in support of House Bill 6, energy legislation in Ohio that provided about $1 billion to two nuclear power plants owned by a former subsidiary.

Oregon – The State Elections Director Advocated for Compliance and Investigations. Her Boss Says She ‘Didn’t Get It.’
Willamette Week – Nigel Jaquiss | Published: 1/4/2023

Deborah Scroggin’s resignation as Oregon’s elections director came 18 months after Secretary of State Shemia Fagan hailed her hiring following a nationwide search. But emails and interviews reveal Scroggin, a stickler for rules and transparency, and Fagan, who rose rapidly to the state’s second-highest office based on her bold approach to politics, were never on the same page. Initially, the Associated Press reported Scroggin stepped down because of the pressure of dealing with misinformation about elections. But when reporters asked her to confirm that explanation, Scroggin said Fagan had, in fact, asked for her resignation.

Pennsylvania – Mayoral Candidate Allan Domb Has Triggered the ‘Millionaire’s Amendment’ for Campaign Fundraising
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 1/4/2023

Mayoral candidate and real estate magnate Allan Domb triggered the “millionaire’s amendment” of Philadelphia’s political fundraising rules, which doubles the annual limits on how much money campaigns can raise from donors if any candidate gives their campaign $250,000 or more out of their own pocket. The limit on contributions from individuals is now $6,200, and $25,000 on donations from corporations or political committees. The provision stays in effect even if Domb drops or out of the race.

Pennsylvania – Philly’s Board of Ethics Has Fined Councilmember Kenyatta Johnson and Mayoral Candidate Allan Domb
MSN – Sean Collins Walsh (Philadelphia Inquirer) | Published: 12/22/2022

Philadelphia City Councilperson Kenyatta Johnson and former council member Allan Domb agreed to pay $2,000 in fines for violating city ethics rules in unrelated cases that involve mishandling required disclosures of real estate interests. Domb failed to follow the city’s process for disclosing conflicts-of-interest when the council considered legislation that affected a property in which he has an ownership stake. Johnson was investigated for failing to list rental income on his public financial disclosure after The Philadelphia Inquirer reported the omission.

Texas – Individuals and Other Politicians Can Spend Money on Texas House of Representatives Race, Court Agrees
MSN – Robert Garrett (Dallas Morning News) | Published: 1/4/2023

A federal judge permanently barred the state from enforcing laws that prevent outside money from being spent on a race for Texas House speaker. Three individuals had sued, saying they wished to make expenditures on behalf of Rep. Tony Tinderholt, who is challenging current Speaker Dade Phelan. The trio argued the restrictions violate the First Amendment, specifically its protections for freedom of speech and association.

January 4, 2023 • Written by Jim Sedor

Wednesday’s LobbyComply News Roundup

Campaign Finance National: “Sam Bankman-Fried Funded More Than 90% of a Leading DC Ethics Group’s Political Arm in 2021” by Brent Griffiths and Dave Levinthal (Business Insider) for MSN New Jersey: “NJ Law Is Meant to Increase Campaign Finance Transparency. […]

January 3, 2023 • Written by Marilyn Wesel

Michigan Legislature Adjourns Sine Die

Michigan State Capitol - By Brian Charles Watson

The 101st Michigan Legislature adjourned sine die on December 28, 2022, after 88 legislative days in session. During the session, lawmakers voted to pass House Joint Resolution R to amend section 10 of article IV of the Michigan Constitution to […]

December 15, 2022 • Written by Jim Sedor

News You Can Use Digest – December 16, 2022

National/Federal Advocates Seek Federal Investigation of Multistate Effort to Copy Voting Software MSN – Emma Brown, Aaron Davis, and Jon Swaine (Washington Post) | Published: 12/12/2022 An effort by supporters of former President Trump to copy sensitive voting software in multiple […]

National/Federal

Advocates Seek Federal Investigation of Multistate Effort to Copy Voting Software
MSN – Emma Brown, Aaron Davis, and Jon Swaine (Washington Post) | Published: 12/12/2022

An effort by supporters of former President Trump to copy sensitive voting software in multiple states after the 2020 election deserves attention from the federal government, including a criminal investigation and assessment of the risk posed to election security, according to election-security advocates. They said by copying voting software and circulating it “in the wild,” partisan election deniers have created a digital road map that could help hackers alter results or disrupt voting.

‘Dark Money in Politics an Even Darker Place’ Now, Judges Warn
Washington Post – Rachel Weiner | Published: 12/14/2022

Watchdogs looking to toughen federal enforcement of campaign finance laws will not get any help from the judiciary after an appellate court ruling that advocates and some judges warn will lead to more untraceable election spending. A nonprofit asked the U.S. Court of Appeals for the District of Columbia Circuit to take another look at a decision that prevented courts from reviewing FEC decisions or stopped private parties from challenging the commission’s decisions for cases in which the agency invokes “prosecutorial discretion.” Writing for the three-judge panel, Judge Neomi Rao said, “prosecutorial discretion is not judicially reviewable.”

DOJ: Barrack, Wynn losses won’t derail foreign influence crackdown
MSN – Caitlin Oprysko (Politico) | Published: 12/8/2022

The head of the Justice Department’s counterintelligence division vowed the department would not be deterred by a string of recent legal setbacks in its attempts to crackdown on foreign influence efforts in the United States. “We will continue to bring hard cases,” Jay Bratt said at a conference for Foreign Agents Registration Act (FARA) lawyers. Bratt was pushing back on the suggestion by some FARA practitioners that the recent acquittal of Tom Barrack on charges of illegal foreign lobbying could trigger a retrenchment by the department.

Ex-Venezuelan Treasurer, Husband Convicted of Corruption in First Trial of Its Kind in Florida
MSN – Jay Weaver and Antonio Maria Delgado (Miami Herald) | Published: 12/13/2022

A former Venezuelan national treasurer and her husband were found guilty of accepting tens of millions of dollars in bribes and moving their tainted money to Miami. Claudia Díaz Guillen and her husband, Adrian Velásquez Figueroa, were convicted after a few hours of deliberations by a federal jury of money laundering conspiracy and related charges. Díaz was the first former Venezuelan official to face trial among dozens of elite businessmen, lawyers, and officials who have been charged with foreign corruption extending from their homeland to South Florida, a hub for so-called kleptocrats seeking a haven for their ill-gotten fortunes, federal authorities say.

FTX Founder Bankman-Fried’s Campaign Finance Charges ‘Just the Tip of the Iceberg’
MSN – Julia Manchester (The Hill) | Published: 12/13/2022

FTX founder Sam Bankman-Fried was charged with violating a slew of campaign finance laws, marking another major blow for the former cryptocurrency leader. The federal indictment alleged that in addition to committing securities and wire fraud, Bankman-Fried gave a minimum of $25,000 in campaign finance donations to campaigns and PACs “in the names of other persons.” He was one of the most prominent donors in this campaign cycle. Citizens for Responsibility and Ethics in Washington had filed a complaint requesting the FEC investigate Bankman-Fried for campaign finance violations.

GOP Operative Who Allegedly Kicked a Dog Hired as Top Aide to New Congressman
Yahoo News – Daniel Lippman (Politico) | Published: 12/13/2022

Brandon Phillips, a veteran Republican operative who is slated to be chief of staff for incoming U.S. Rep. Mike Collins, was arrested in November on a misdemeanor charge of animal cruelty for allegedly kicking a dog. In 2016, Phillips resigned as Donald Trump’s state director in Georgia after his prior criminal history was revealed. He participated in a meeting that was held exclusively for congressional chiefs of staff for Georgia Republicans. Phillips also was with Collins for new member orientation.

House Democrats Reject Committee Term Limit Proposal
MSN – Lindsay McPherson (Roll Call) | Published: 12/13/2022

U.S. House Democrats rejected an effort to limit how long their committee leaders can serve without a waiver from the entire caucus. An amendment would have set a six-year term limit for committee leaders, counting time served as chair and ranking member together. Rep. Bill Foster said the members who are held back by the current system are the younger, more diverse members and his amendment would have given those members earlier opportunities to serve in committee leadership positions.

House GOP Reckons with ‘Candidate Quality’ Problem After Midterms – and ahead of 2024
MSN – Ally Mutnick (Politico) | Published: 12/13/2022

Republicans gained control of Congress thanks to wins by some of their strongest recruits in years. But far-right, inexperienced, and Donald Trump-endorsed candidates lost winnable seats across the country. Some House members and operatives are already debating and trading ideas about how to multiply the number of top-tier candidates and avoid unelectable ones. Recruitment has taken on increasing importance after the midterms. The GOP’s narrow majority will make governing nearly impossible and make the next battle for the House in 2024 a toss-up.

In Senate Shake-Up, Sinema Changes Her Party Affiliation to Independent
MSN – Liz Goodwin, John Wagner, Eugene Scott, and Leigh Ann Caldwell (Washington Post) | Published: 12/9/2022

U.S. Sen. Kyrsten Sinema announced she was leaving the Democratic Party, dampening Senate Democrats’ post-midterms celebrations and potentially endangering party’s chances of holding onto the seat in 2024. Some Arizona Democrats accused Sinema of making the switch for political reasons, to avoid a near-certain Democratic primary challenge in 2024 if she decides to run as an independent in that race. But Sinema, and some of her colleagues in the Senate, said her decision was more about reflecting a discomfort with formally belonging to a party that increasingly felt alien to her in recent years.

Inside the Secret $32M Effort to Stop ‘Stop the Steal’
MSN – Zach Montellaro (Politico) | Published: 12/12/2022

A pair of progressive organizations operating in complete secrecy spearheaded a $32 million campaign during the midterms to push back against former President Trump’s “Stop the Steal” movement. The effort was undertaken by two newly created groups: Pro-Democracy Center and Pro-Democracy Campaign. Those groups operated in states across the country as the election system faced unprecedented pressure from Trump and his allies, who falsely said the 2020 election was stolen.

Kavanaugh Holiday Party Appearance Raises More Ethics Questions
Bloomberg Law – Lydia Wheeler | Published: 12/12/2022

It was reported that Justice Brett Kavanaugh attended a private holiday party at the home of Matt Schlapp, who is chairperson of the Conservative Political Action Coalition, and attendees included Stephen Miller, whose group America First Legal Foundation has interests in cases now pending before the court. Kavanaugh’s party-going raises questions about when a justice’s personal relationships cross a line and become problematic. Democrats have recently renewed calls for sitting Supreme Court justices to follow a formal judicial code of ethics.

Police Raid More EU Parliament Offices in Corruption Probe
MSN – Samuel Petrequin (Associated Press) | Published: 12/12/2022

Prosecutors investigating alleged influence peddling at the European Parliament charged four people with corruption, participation in a criminal group, and money laundering. Parliament Vice President Eva Kaili of Greece was relieved of her duties. Authorities have not identified the country suspected of offering cash or gifts to officials in exchange for political favors, but several members of the assembly and some Belgian media have linked the investigation to Qatar. Critics said the scandal was symptomatic of a more widespread problem with corruption not just in the European Parliament, but across all the European Union institutions.

‘Stealth’ Efforts to Influence Supreme Court Discussed by Judiciary Committee
MSN – Ann Marimow and Emma Brown (Washington Post) | Published: 12/8/2022

In testimony to the House Judiciary Committee, evangelical minister Robert Schenck said he encouraged wealthy Christian couples to use tactics like donations to the Supreme Court Historical Society to meet justices and to parlay those encounters into closer relationships to achieve their objectives at the court. Schenck was subpoenaed to testify as part of an effort by Democrats on the committee to strengthen ethics rules for justices, who are not bound by any code of conduct and are responsible for policing themselves. Critics say that structure allows for loopholes that undermine public faith in the court’s independence.

Transgender Americans Feel Under Siege as Political Vitriol Rises
Yahoo – Maggie Astor (New York Times) | Published: 12/10/2022

Intimidation and violence against gay and transgender Americans spread in 2022, driven heavily, extremism experts say, by inflammatory political messaging. Over the past couple of years, it has become routine for conservatives to liken transgender people and their allies to pedophiles, and to equate discussion of gender identity with “grooming” children for sexual abuse, reminiscent of campaigns against gay rights dating back to the 1970s to turn increasing visibility of transgender Americans into a political wedge.

Trump Told Crowd to ‘Fight Like Hell’ Before Riot. Can He Be Sued?
MSN – Rachel Weiner (Washington Post) | Published: 12/7/2022

A federal appeals court debated whether Donald Trump can be forced to pay damages for his role in the riot at the U.S. Capitol to lawmakers and police officers injured by the mob. While they struggled with the line between protected speechmaking and actionable incitement, all three judges on indicated that a line exists, and the former president may have crossed it. One judge, a Trump appointee who served in his administration, said Trump potentially instigated violence when he told his supporters the election was stolen and urged them to march on the Capitol and “fight like hell.”

U.S. Judge Won’t Hold Trump’s Office in Contempt, People Familiar Say
MSN – Spencer Hsu, Jacqueline Alemany, and Josh Dawsey (Washington Post) | Published: 12/9/2022

U.S. Sen. Kyrsten Sinema announced she was leaving the Democratic Party, dampening Senate Democrats’ post-midterms celebrations and potentially endangering party’s chances of holding onto the seat in 2024. Some Arizona Democrats accused Sinema of making the switch for political reasons, to avoid a near-certain Democratic primary challenge in 2024 if she decides to run as an independent in that race. But Sinema, and some of her colleagues in the Senate, said her decision was more about reflecting a discomfort with formally belonging to a party that increasingly felt alien to her in recent years.

What the Jan. 6 Select Committee’s Final Report Will Look Like
MSN – Kyle Cheney and Nicholas Wu (Politico) | Published: 12/12/2022

The final report of the House select committee that has been investigating the January 6 insurrection will begin with a voluminous executive summary describing former President Trump’s culpability for his extensive and baseless effort to subvert the 2020 election, according to people briefed on its contents. Drafts of the report include thousands of footnotes drawn from the panel’s interviews and research over the past 16 months into Trump’s activities in the final weeks that preceded January 6, 2021, when a mob of his supporters battered police and stormed the Capitol.

From the States and Municipalities

Arizona – Kari Lake Sues Arizona’s Largest County, Seeking to Overturn Her Defeat
DNyuz – Alexandra Berzon, Ken Bensinger, and Charles Homans (New York Times) | Published: 12/9/2022

Kari Lake, the losing Republican candidate for governor of Arizona, filed a lawsuit contesting the results of the election. Lake’s lawsuit came after she had spent weeks making a series of public statements and social media posts aimed at sowing doubt in the outcome of a contest she lost by more than 17,000 votes to her Democratic opponent, Katie Hobbs. That loss was certified in documents signed by Hobbs, who currently serves as secretary of state.

California – Former SF Building Inspector Pleads Guilty to Taking Illegal Payments
MSN – Staff (KBCW) | Published: 12/9/2022

Bernard Curran, a former San Francisco building inspector, pleaded guilty to two counts of accepting gratuity payments as rewards for approving building permits. In one instance, Curran accepted $260,000 from a developer to assist Curran in paying down his existing residential mortgage so he could obtain favorable refinancing rates. Though he intended to repay the money, he knew that accepting it was improper and created a forbidden conflict-of-interest. Curran admitted the developer never required him to repay $30,000 of the outstanding balance.

California – Leaked Tape Turns LA City Council Member into a Fugitive in His Hometown
MSN – Alexander Nieves and Jeremy White (Politico) | Published: 12/13/2022

Two months after becoming entangled in a racism scandal that shook public trust in Los Angeles government, disgraced city council member Kevin de León has refused calls to resign and is attempting to rehabilitate his reputation. His situation deteriorated when he scuffled with an activist who heckled him at a holiday toy giveaway that was posted on Twitter. The confrontation left children at the event in tears. When De Leon appeared at his first council meeting since mid-October, it set off a chaotic protest between competing factions in the audience.

Colorado – Denver Schools Investigated Former Principal Over $175K in Purchases, Then Promoted Her
Yahoo News – David Migoya (Colorado Springs Gazette) | Published: 12/11/2022

A Denver Public Schools principal with a history of financial woes was investigated last year over allegations that more than $175,000 was misspent on district credit cards, nearly half of it unaccounted for and without receipts, but managed to keep her job and was eventually promoted. Although the school district confiscated the credit card it issued to Kimberly Grayson over concerns of misspending, as well as the cards issued to three others she supervised at the school, the district later gave the card back to Grayson and, according to documents, her spending quickly resumed.

Florida – Sunset Lounge Dispute with City of West Palm Beach Headed to Trial in May
MSN – Terri Parker (WBPF) | Published: 12/13/2022

The lawsuit by Vita Lounge LLC against the West Palm Beach Community Redevelopment Agency over the Sunset Lounge bid award is headed to trial in May. Vita Lounge claims it was improperly disqualified from running the historic venue after it won the bid to negotiate a contract. The city’s procurement director said Vita violated the city code surrounding such bids by lobbying people to contact the mayor and commission via Facebook posts.

Georgia – Georgia Secretary of State Calls for End to Runoff Elections
MSN – Matthew Brown (Washington Post) | Published: 12/14/2022

Georgia Secretary of State Brad Raffensperger called on the Legislature to eliminate runoff voting during its session next year after another bitter overtime election gripped the state. Raffensperger cited the added stress that conducting a runoff election puts on counties and voters as part of his reasoning. Georgia’s peculiar runoff system is the product of its post-segregationist election laws, which lawmakers later admitted were intended to suppress emerging Black political power.

Georgia – Special Counsel Sends Trump Subpoena to Ga. Secretary of State Raffensperger
MSN – Amy Gardner (Washington Post) | Published: 12/12/2022

Special counsel Jack Smith sent grand jury subpoenas to Georgia Secretary of State Brad Raffensperger and to authorities in Clark County, Nevada, bringing to six the number of 2020 battleground states where state or local election officials are known to have received such requests for all communications with Donald Trump, his campaign, and a long list of aides and allies. Raffensperger shot to prominence following a January 2, 2021, phone call with Trump in which the then-president urged him to “find” enough votes to reverse his defeat in Georgia.

Hawaii – Most Hawaii Campaign Spending Violators Never See Jail Time
Honolulu Civil Beat – Blaze Lovell | Published: 12/15/2022

Criminal referrals are rare for violations of campaign finance law in Hawaii. Certain campaign finance crimes are classified as Class C felonies, punishable by up to five years in prison and $10,000 in fines. But jail time has not been levied against campaign spending violators since the early 2000s. In the past, the Hawaii Ethics Commission had to choose between referring a case to prosecutors and assessing fines. A new law allows the commission to assess fines and refer a case to prosecutors concurrently.

Michigan – Dana Nessel: Keep Lee Chatfield records secret to avoid embarrassment
Bridge Michigan – Kelly House and Jonathan Oosting | Published: 12/14/2022

Michigan Gov. Gretchen Whitmer vowed to enact laws that would make records from her office and the Legislature publicly available and said the state needs to examine loopholes in lobbying rules that potentially contributed to the actions of former House Speaker Lee Chatfield, who is under criminal investigation over allegations of bribery, campaign finance violations, and other crimes. Assistant Attorney General Michael Frezza told a judge the probe involves other high level government officials and lobbyists.

Mississippi – Ethics Commission’s Final Order: Law does not require Legislature to meet in public
Mississippi Today – Bobby Harrison | Published: 12/14/2022

Members of the Mississippi Ethics Commission approved a final order saying the state Legislature is not bound by the open meetings law. The order adopted on December 14 saying the Legislature is not a public body as defined by the law was a final order. The issue arose from a complaint saying House Speaker Philip Gunn was violating the open meetings law when the Republican Caucus, which includes 75 members of the 122-member House, meets routinely behind closed doors. The constitution mandates that a majority of either the House or Senate is a quorum.

New Jersey – Bill to Revamp Campaign Finance Laws Clears Assembly Hurdle
New Jersey Monitor – Nikita Biryukov | Published: 12/13/2022

A New Jersey Assembly panel approved a new version of a bill that would revamp campaign finance laws that supporters say are outdated, but critics warned the changes could shield corruption and increase the influence of wealthy donors. Assembly Bill 4372 would double campaign contribution limits, bolster the state’s gubernatorial public financing program, and revise the state’s “pay-to-play” laws.

New Jersey – N.J. Politicians Could Soon Have Their Home Addresses Blocked Out on Public Records
MSN – Brent Johnson (Newark Star Ledger) | Published: 12/13/2022

Two years after passing a law that shields the home addresses of judges and law enforcement officials in New Jersey out of security concerns, state lawmakers are now advancing legislation that keep their own addresses, and those of other politicians, from being released to the public. Sponsors say the bill is needed to protect politicians in the wake attacks on public officials in recent years. Critics note lawmakers would be exempting themselves when there have been attacks on Jewish people, LGBTQ people, reporters, and others who would not get the same protections.

New Mexico – NM Lawmakers Update Anti-Harassment Policy for the Roundhouse
Albuquerque Journal – Dan McKay | Published: 12/12/2022

Legislative leaders in New Mexico agreed to reshape how sexual harassment investigations are conducted at the state Legislature, a move intended to make it more difficult for inquiries to die on a tie vote. The new policy adds an outside attorney to a key panel that investigates harassment complaints lodged against legislators, putting the attorney in position to cast a tie-breaking vote on whether a case moves forward. The change comes after a high-profile harassment case against Sen. Daniel Ivey-Soto.

New York – NYC Mayor’s Chief of Staff Will Keep a Public Board Seat with Possible Conflict
MSN – Gregory Korte (Bloomberg) | Published: 12/12/2022

Camille Varlack, the incoming chief of staff to New York City Mayor Eric Adams, serves on the board of a publicly owned energy company that does business with the city, a $140,000-a-year role she plans to keep despite a conflict-of-interest policy that generally prohibits the practice. The city charter prohibits city officials from having “an interest in a firm which such public servant knows is engaged in business dealings with the agency served by such public servant.” Sometimes employees can secure a waiver from the Conflicts of Interest Board, but the board said no such request has been granted or initiated by the mayor’s office.

Ohio – Judge Will Allow ‘Pay-to-Play’ Recording at Former GOP House Speaker Larry Householder’s Trial
MSN – Jake Zuckerman (Cleveland Plain Dealer) | Published: 12/13/2022

A federal judge handed an early win to prosecutors by ruling in their favor on a handful of motions over what evidence could be presented in the looming criminal trial of former Ohio House Speaker Larry Householder. U.S. District Court Judge Timothy Black granted several requests from prosecutors. He also denied others from Householder, who is accused of operating a “pay-to-play” scheme. The charge centers on FirstEnergy and its $60 million in payments to a nonprofit allegedly controlled by Householder, and legislation creating a $1.3 billion subsidy for nuclear plants owned at the time by the company’s subsidiary.

Ohio – Lawmakers Send Elections Bill with Tougher Photo ID Requirement to Gov. Mike DeWine’s Desk
MSN – Andrew Tobias (Cleveland Plain Dealer) | Published: 12/15/2022

The Ohio General Assembly approved a sweeping elections bill, sending it to Gov. Mike DeWine’s desk. House Bill 458 would require a voter to show a photo ID when voting in person, either early or on Election Day. The bill includes a slew of other measures, including largely ending special elections in August, specifying that county boards of election can offer only a single drop box for completed absentee ballots, and eliminating the day of early, in-person voting the day before Election Day.

Oregon – Oregon’s Top Election Official Seeks More Money to Combat Election Misinformation
Oregon Capital Chronicle – Julia Shumway | Published: 12/8/2022

Citing an increase in misinformation, complaints, and time-consuming public records requests from election deniers, Oregon Secretary of State Shemia Fagan is seeking roughly $2 million over the next two years to hire more staff dedicated to election security and oversight. Fagan is also seeking funds to begin replacing the state’s outdated campaign finance database, ORESTAR. The system has been in place for 20 years, runs slowly, and cannot be opened in more than one tab or window, among other frustrations for users.

Pennsylvania – Cost of Pennsylvania Governor’s Race Sets New Record Amid ‘Campaign Finance Arms Race’
Spotlight PA – Angela Couloumbis | Published: 12/10/2022

The total cost of the governor’s race in Pennsylvania topped $100 million in this last election cycle, a new spending record in the race to win the state’s highest office. The spending puts on display Pennsylvania’s distinction as having some of the most lax campaign finance laws in the country, ones that place no limits on how much money candidates can accept from donors. It also gives reform advocates pause because it has the potential to raise the bar for competing in future races, entrenching incumbents, and shutting out otherwise good candidates who lack a deep bench of donors.

Pennsylvania – With Majority at Stake, Pa. House Republicans Sue to Block Democratic-Scheduled Special Elections
Spotlght PA – Stephen Caruso | Published: 12/10/2022

Pennsylvania House Republicans filed a lawsuit to block three legislative special elections from taking place in February, potentially delaying a clear-cut majority for Democrats, and allowing the GOP to maintain some measure of power into spring. The suit argues House Democratic Leader Joanna McClinton did not have the authority to schedule the elections. Democrats must win all three seats to keep their majority.

Rhode Island – AG: McKee can keep political dossiers secret despite violation of public records law
MSN – Eli Sherman (WPRI) | Published: 12/14/2022

Gov. Dan McKee’s office violated public records law in its effort to withhold background reports on some of the state’s top politicians who were being considered for lieutenant governor, but still had the right to keep the information secret under a different rationale, the Rhode Island attorney general’s office ruled. McKee’s office initially denied a request for the dossiers, arguing because the information was a “political assessment of the candidates and thereby a private political document ….”

Rhode Island – Prov. Ethics Commission ‘Is Not Working,’ Chairman Says, as Complaints Get Dismissed
WPRI – Steph Machado | Published: 12/8/2022

The Providence Ethics Commission met recently for the first time in more than a year, voting to dismiss two complaints against high-profile city leaders which they had previously voted to investigate but then never actually considered. Commission Chairperson Andrew Kanter said the complaints were dismissed not because the panel determined they did not have merit, but because it has been unable to consider them or hold hearings on them. “It’s clear the commission is not working,” Kanter said.

Tennessee – Longtime Tennessee Domestic Violence Leader Is Out Following Critical Federal Investigation
Tennessee Lookout – Anita Wadhwani and Natasha Senjanovic | Published: 12/14/2022

Kathy Walsh, the longtime leader of the Tennessee Coalition to End Domestic and Sexual Violence, has left the organization. The change comes less than a week after the media reported on findings of whistleblower retaliation at the nonprofit. Walsh helped build its reputation as the leading voice for domestic and sexual violence victims in the state. As a registered lobbyist, she also helped shape many pieces of legislation. But a federal probe found Walsh was involved in forcing out an employee who blew the whistle on the potential misuse of federal grant funds.

Virginia – Investigation Clears Va. Agency for Contract with Youngkin’s Ad-Maker
MSN – Laura Vozzella (Washington Post) | Published: 12/10/2022

The Virginia inspector general found state officials committed no wrongdoing by awarding a $268,000 contract to Gov. Glenn Youngkin’s political ad-maker in what was initially a no-bid deal. Democrats questioned how the firm, Poolhouse, won the chance to make a state tourism video and whether the Virginia Tourism Corp., a taxpayer-funded public authority, had paid too much for the 60-second spot featuring Youngkin. Poolhouse made $1.5 million in campaign ads for Youngkin during last year’ss gubernatorial race and has continued working with the governor as he explores a 2024 presidential bid.

Washington DC – D.C. Elections Board: Silverman’s poll did not break campaign finance law
MSN – Michael Brice-Saddler (Washington Post) | Published: 12/12/2022

The District of Columbia Board of Elections sided with Councilperson Elissa Silverman in her appeal of a decision from the Office of Campaign Finance (OCF), ruling she did not misuse campaign funds while polling for the Democratic primary election. She sought to clear her name over a complaint brought by fellow at-large candidate Karim Marshall, who asked the OCF to determine whether Silverman violated rules or improperly coordinated with other candidates while polling for the Ward 3 contest. The OCF had ordered Silverman to reimburse the city $6,277.52 for the polling expenditures.

December 13, 2022 • Written by Jim Sedor

Tuesday’s LobbyComply News Roundup

Campaign Finance Pennsylvania: “Cost of Pennsylvania Governor’s Race Sets New Record Amid ‘Campaign Finance Arms Race’” by Angela Couloumbis for Spotlight PA Washington DC: “D.C. Elections Board: Silverman’s poll did not break campaign finance law” by Michael Brice-Saddler (Washington Post) […]

News You Can Use Digest – January 27, 2023

Thursday’s LobbyComply News Roundup

News You Can Use Digest – January 20, 2023

Thursday’s LobbyComply News Roundup

Tuesday’s LobbyComply News Roundup

News You Can Use Digest – January 13, 2023

Wednesday’s LobbyComply News Roundup

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Call for Special Session in Pennsylvania

News You Can Use Digest – January 6, 2023

Wednesday’s LobbyComply News Roundup

Michigan Legislature Adjourns Sine Die

News You Can Use Digest – December 16, 2022

Tuesday’s LobbyComply News Roundup

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